Trust is at the heart of every good relationship. For a lawyer, it is the central ingredient that ties them to their clients and proves they provide advice worthy of payment. But as law firms continue to merge and grow into national, regional and global-sized businesses with hundreds—if not thousands—of lawyers, it seems the traditional role of the lawyer as a trusted advisor has been eroded.

Moreover, with the advent of technology, the proliferation of legal outsource providers and cheaper alternatives to traditional legal service offerings emerging, discovering a trusted advisor is more difficult, yet important, than ever. We are all subject to being replaced by a database if data is all there is, but you cannot outsource relationships. We are infinitely far from replacing the nuances that come from discussing a difficult matter with a trusted advisor.

If lawyers are building trust-based relationships with clients, what are they doing to achieve such a respected position in the eyes of their clients? If they are not, what are they doing to prevent those relationships from developing? Becoming a trusted advisor starts with understanding that a professional’s place in the world cannot be guaranteed by their expertise alone. Many attorneys operate from the mistaken belief that the scarce resource they offer their clients is expertise. In fact, the scarce resource is the relationship and expertise is best thought of as a necessary, but not a sufficient, condition.

The following distinguishing characteristics are those that reside in an attorney who is truly a trusted advisor:

• Provides more value than is asked for. If price is the true differentiator, then the client is not looking for a trusted advisor but rather a technician.
• Does not simply tell the client what they want to hear, but the good, the bad and the ugly of a situation.
• Gives advice to avoid the worst-case situation; but can also help a client understand not only what could happen but what is likely to happen.
• Puts himself or herself in the client’s shoes by taking the time to understand the client’s business, culture, constraints and realities.
• Acts as a business partner with well thought out advice grounded in deep expertise and best practices, and is able to put on a business hat. Too many lawyers are more concerned about their firm’s best interest than in determining what is truly in the client’s best interest.
• Provides quick responses to requests and explains things clearly; overcoming the adage that attorneys and strategy do not mix.
• Demonstrates a greater desire in helping than in making money by treating a valued client as a high priority.

If you would like to discuss this article, please contact me, and we can have a cup of coffee together.

First, when selecting a business partner, think carefully and choose wisely. Do you even need a partner? Maybe not. If you do, that person should bring something substantial to the table—like deep pockets or industry connections. Before entering into any partnership, do some due diligence. It might be awkward, but even if you get along fine, ask for financial statements and a resume that includes the names and phone numbers of past investment partners.

Be sure to select someone who complements, rather than mirrors, your own skills. However, while complementary skills and a shared vision are a good starting point, you should never underestimate the importance of actually liking your partner.

Then, get down to the nitty-gritty: hire a lawyer and form a legal entity. The legal process forces partners to face tough issues right at the outset. Legal documents will clearly define the specific roles each partner is expected to play, as well as address other issues; like how to bring in another partner or drum up additional financing. Divide business roles according to each individual’s strengths. It may seem logical and fair to split ownership into equal 50% shares, but this ownership structure can impair decision-making in the future. Instead of having decisions stalemated by a disagreement, consider a 49% – 51% split.

Discuss possible exit strategies. It seems counterintuitive, but the best time to begin exploring how to end a business partnership is at the outset. Of course, in a perfect world, all partnerships would last until all of the parties involved are ready to sell, merge or otherwise move on to new things. It is seldom that simple. The more likely scenario is that one partner will end up buying out the other, so it’s wise to put a buy-sell agreement in writing by which partners agree in advance that should a dispute arise later on, one partner can buy out the other.

For a partnership to be successful, all parties involved must agree on the same strategic direction of the company. A winning business partnership capitalizes on the strengths and skills of each partner. A strong business partnership is built on an open, communicative relationship. Meet on a monthly basis to share grievances, review roles and provide constructive criticism.

So what makes a “good client?” The glib answer, for many attorneys, would simply be a client that pays his or her bills. But the fact that someone is willing to give you their money in exchange for your legal services, while a good thing, does not automatically make them a good client. I have many clients, each with varying personalities and qualities that make them unique. What I have learned over many years is that the clients I consider the best generally share a number of characteristics.

Communicates expectations clearly. The number one characteristic of a good client is that they are able to express what they want and need.  This ability is vital to delivering the right service.

Allows a reasonable amount of time for the work. The world is filled with clients who want it “yesterday.” Often, what these clients actually get is a rushed job, potentially full of mistakes, and ultimately requiring a lot of rework. A good client, however, understands that quality work takes time and plans accordingly.

Is accessible. There’s nothing more frustrating than being surprised by an obstacle and being unable to reach your client. Good clients make themselves available are prepared and give 100% to every meeting.

Understands the value of the work performed. A good client understands the difference between value and cost. At the end of the day, it is the value received from a service that matters, not what it cost.

Has high integrity. Honesty is at the core of every successful relationship. Both the good client and K&G conduct all of their business together in an honest and transparent fashion.

Seeks an ongoing relationship. The best clients understand the value of an ongoing relationship. They are a good fit with K&G’s talents and skills. Regardless of how much creativity and versatility K&G offers, we are better suited for some clients than others. The closer K&G’s talents and skills match a client’s needs, the more enjoyable and beneficial their relationship will be.

Allows the attorney to do the job. A good client keeps an open mind and is not constantly second-guessing. Negotiation and debate is, and should be, a part of every engagement involving professional services.  It should be characterized by a friendly and realistic give-and-take, to arrive at an agreed upon strategy. However, once that strategy is established, a good client demonstrates trust in the attorney. Clients who micro-manage every action may not understand what is truly involved in representing them, and are likely to get a worse result than if they let their attorney perform the tasks they are paying for.

The best client relationships are ones where there is mutual respect and appreciation. Fun, challenge, prestige, satisfaction, creative freedom, peer recognition, personal chemistry: these are all important aspects of a good attorney-client relationship. If you like your client, and vice-versa, it influences attitude and energy level. A client with the right attitude is a proven asset.

Each year across the USA, reports surface of drivers being pulled over by people who are impersonating police and intending to rob or assault them. These concerns are at issue now as many law enforcement agencies step up their use of unmarked patrol cars to catch speeders and other traffic law violators.

With a car that is not clearly marked, people are sometimes very apprehensive about pulling over. Obviously, an unmarked car could certainly cause people concern. Anybody can go out and buy a light of the regular variety and stick it on their car.

I am urging my daughters, and anyone else, for that matter, to exercise caution if they’re concerned about an officer’s legitimacy.

I am suggesting following tips, if you are being asked to pull over, to ensure safety:

• Activate your hazard lights to notify the officer you are complying with the request to pull over.
• On your cell phone call 911, and ask the dispatcher to verify that it is an officer attempting to pull you over. If the 911 operator has verified your vehicle description and your location, stop immediately for the officer.
• If you are still unsure, with your hazard lights activated, drive to a nearby public area that is well lighted; keep your doors locked and don’t roll down your window until you see that he is in uniform.
• If the unmarked car is being operated by a plainclothes officer, you request that a uniformed officer respond to the scene.

Unmarked police cars are commonly used in law enforcement worldwide. But rest assured: Using cars with no identifying law enforcement insignia or markings is legal.

• “The First thing that we must do is To Be or Not to Be—Prepared:”
  Be prepared, be prepared, be prepared: the necessity of forming a collaborative group of advisors around the owner, or potential owner. This group is targeted to advise and prepare for the foreseeable consequences of several actions; the key concept is to be prepared thoroughly investigate each and every option that is available. Not to prepare is an exercise in potential failure;
• “The importance of a face-to-face meeting, timing, location, and other logistics:”
  While the social media phenomenon is essential to greatly enhance your professional exposure, and to be able to keep in contact with several diverse people, when the time comes for an important decision, it should only be done in person. Email can transmit huge quantities of information, but it is still unable to deliver the passion and sincerity of the deliverer!

It is amazing how certain basic principles survive even as the landscape changes!

How does an attorney become the client’s trusted advisor? The term “trusted advisor” is fiendishly hard to define, but it seems to boil down to one essential component: giving priority to the client’s best interests and being fully invested in business practices that put those interests first. It means having the business acumen, experience, training, knowledge and subject matter expertise to be trusted to advise the clients well, and taking the time a client needs to be able to do so. A trusted advisor has the ability to diagnose the client’s business problems and challenges and then to make the right recommendations to improve their situation; to act as a change agent to build the case for change and to manage the politics of change within the client’s organization; and to ensure the client achieves the outcomes that you have represented.

By being totally involved with my clients, I am able to coordinate with their team of trusted advisors. These services, again, are not just legal services, but also include skillfully coordinating the communication and collaboration among each of these professionals, resulting in a unified approach to the client’s issues.

The truth is that we all need trusted advisors. We cannot be experts in everything. Any good trusted advisor will assist with five key tasks. They will:

• Educate with relevant and timely information
• Provide objectivity in evaluating the current situation
• Seek to understand the client’s goals and why they are important to the client
• Suggest several possible strategies for achieving the client’s goals
• Use their expertise and network of contacts to help the client accomplish their goals in the quickest, most economical way possible

There are many guards, but very few point guards!

• Proper attire;
• Punctuality;
• Good posture;
• Be very respectful to everyone in the room;
• Look the person asking the question right in the eyes;
• Be concise and direct in any response;
• Pause, three full seconds, before answering any question;
• Answer the question that is asked, not the one you want to answer; and
• Of course, be prepared!

This person then stated that those were almost verbatim the same principles that this person’s father had proposed as it relates to how to conduct yourself in a job interview.

It is amazing how certain basic principles transcend so much of our lives.