Given a significant part of a law firm's job is to help clients avoid "gotcha" moments, it's concerning to think about how outside counsel might unknowingly contribute to this fear—the fear of being blindsided. This is even more so the case knowing that most firms work diligently to make certain their clients are never caught off guard.

BTI Consulting Group recently reported that the top concern keeping general counsel up at night is the fear of "being blindsided." Its annual survey of top legal decision-makers placed negative surprises above data privacy breaches, regulatory concerns and workload, which ranked second, third and fourth, respectively.

That said, law firms spend so much time anticipating how and when their clients may be blindsided on legal matters that they may be overlooking a critical touch point that can just as easily cause anxiety as it can quell it.

The Invoice

Blindsiding your client with an invoice is also an issue that aligns with what Thomson Reuters recently found to be the highest priority among legal departments: controlling costs. With that in mind, an invoice that lacks context or is received as being out of line with expectations (or simply out of touch) can hit your client like a Mack Truck and leave you standing as the source of turmoil that you were hoping to help your client avoid.

The topic of the invoice was recently addressed by a panel of in-house counsel in a somewhat unexpected venue: a Legal Marketing Association event. The group hosted a discussion about which law firm marketing and business development activities resonate most to clients. In turn, the in-house counsel unexpectedly took control of the conversation by directing their comments to a piece of law firm business that many don't even consider to be marketing in the first place: the bill.

In the eyes of in-house counsel, however, the monthly invoice could not be a more key communication tool. As a result, the panel underscored the opportunity outside counsel have to grow their relationship by being thoughtful about how they approach invoicing.

"You can tell immediately the type of partnership you will have with your outside counsel by looking at nothing but the invoice they send you," one of the panelists lamented. The panelist's feelings were echoed by the two others, who collectively represented corporate counsel from businesses including international engineering, manufacturing and technology companies.

Not many consider the invoice a business development or marketing tool, but it stands as one of your business' most critical communications with your client. At the very least, the invoice presents an opportunity for any firm to highlight the value delivered to a client. It also can do a lot to strengthen your relationships with clients.

With that in mind, following are a few ways to make your invoice count by having it work for you, as a relationship-development tool, rather than against you, by catching your client off guard.

Include a Service Report

A service report creates an opportunity to put your time spent serving the client into perspective with substantive summaries that demonstrate the value of your work. It's important to go beyond simply noting the task performed by adding context to how even a minor billable item contributed to advancing on a broader goal or objective. In turn, this type of report can more clearly communicate your firm's commitment to demonstrating value in the relationship you have with clients.

Don't Bill for Voicemail

Whether for answering a voicemail or conducting another form of courtesy task, put yourself in your clients' shoes before billing for something that might be considered routine, administrative or outside the scope of something your client views as billable. Guidelines informing what is billable can certainly be established when you start a new relationship with a client, but it's important to take a long view in this regard and consider the impact billing for certain tasks can have on your client relationship. A law firm seen to be nickel-and-diming a client is not one seen as a partner to their business.

Introduce Your Invoice With Care

As one general counsel noted, the invoice is sometimes the only communication they receive from outside counsel in a given month, considering day-to-day tasks are handled by their team. With that in mind, dropping an invoice in their inbox without taking the time and opportunity to explain the value your firm has just delivered is a missed opportunity and can have a lasting impact. Don't just forward the invoice as an FYI; consider it an opportunity to demonstrate the type of partnership you have with your client—show them you care about their business.

Scope Each Project in Advance

Jumping into a new project on the assumption that you and your client are on the same page in terms of scope can be one of the easiest ways to blindside them. While even general counsel accept ownership in instances where expectations are not properly set, it is a law firm's job to make certain issues around scope are addressed on the front end. This is best accomplished with a process that allows both parties—in-house and outside counsel—to quickly come together on expectations in terms of how much time even the smallest matter may require.

Invite Your Clients' Feedback

With every invoice, a law firm should invite their client's feedback to demonstrate partnership in the work you're doing together. This simple gesture will let your client immediately know that you are confident in your billing and that anything she is about to read is open to discussion and further explanation. Not only can this calm nerves, but it also contributes to the building of a stronger, trusting relationship.

In Instances of Miscommunication, Eat the Bill

Disputing a time entry or defending a mistake on an invoice can not only cause your client added stress, it can leave a permanent mark on your relationship and be the beginning of the end for the business you do with them.

Fall on your sword and save the excuses not because you are right, but because you want to earn long-term work from the same client. In fact, when considering clients that work with law firms over the course of generations, it is not a stretch to imagine this is a characteristic that contributes to that type of longevity in a working relationship.

As we are all focused on helping clients avoid stress-inducing issues, while also growing meaningful relationships with them for the long run, these best practices can help ensure you're not the source of angst when it comes to invoices, but, rather, a reminder that a partnership with you pays dividends every time they get your bill.

Burton Taylor is president of Proventus Consulting, a legal public relations, marketing and business development agency that serves clients ranging from the largest law firms in the nation to the industry's most well-regarded boutiques. Contact him at [email protected].