Let's Get Down to the 'Business' of Law and the Role of Nonlawyers
Today, being effective at “lawyering” does not always equate with being a successful attorney as there is now much more involved in what is now known as the business of law.
May 16, 2019 at 12:24 PM
7 minute read
If we traveled back in time to a law office of the 1950s, what we would likely find is a small, smoke-filled office with one or two male lawyers and a female assistant at a typewriter. This image tells us a lot about being a lawyer back then (including the fact that diversity of any kind barely existed in the profession at that point). In that era of the legal industry, it was extremely uncommon to have large firms exist, aside from a rare few, like mega giant Skadden, Arps, Slate, Meagher & Flom. It was usually a simple setup—a few lawyers and a secretary who were responsible for serving clients and running the firm. Those lawyers typically landed clients over dinner and a cocktail at the local country club. There was not a strong need for “developing” or “marketing” your law firm as relationships were key to the success of the firm. Fast forward to 2019, where it is not only about being a lawyer and servicing clients, but the industry has become a business with various departments responsible for efficiently running a law firm— including many nonlawyers. Today, being effective at “lawyering” does not always equate with being a successful attorney as there is now much more involved in what is now known as the business of law.
While there has been a significant shift in nonlawyers serving in high-ranking positions in law firms over the past 20 years, there is still a disconnect in the importance they play in firms. David Burgess, publishing director at The Legal 500, recently published the LinkedIn article “LMA Annual Conference: let's be honest, it needs to raise its game …” that talks about his frustration around the lack of support for nonlawyers in law firms because, from his perspective, “marketing is not taken seriously enough by the legal profession. Or rather, it isn't taken seriously enough by partners and, perhaps more worryingly, by associates, who aren't sure what it is there for, and see it as a drain on the profitability of the firm.”
From my perspective, the real issue isn't that departments run by nonlawyers lack credibility or effectiveness, but it actually runs much deeper than that. While marketing departments and business development professionals are essential and critical aspects of any law firm, they can only “sell” a lawyer so much. Lawyers today—both junior and established senior attorneys—must have the essential, critical skills of being a business person or they will not survive. As Harrison Barnes, a former lawyer turned recruiter, so eloquently put it, there is a reason “ Why Attorneys Often Fail as Businesspeople and Entrepreneurs“: “Lawyers place a lot of importance on their credentials. They believe that having a law degree, having done well academically and having worked with prestigious law firms gives them the credentials to be successful in anything they choose to do … But these 'lawyer' abilities are different from what is required to succeed in the business world.” Barnes goes on to say that “Business people succeed because they see ideas and possibilities, come up with ideas for products and services, organize and manage people to promote these products and services, and promote these products and services to the market. They also use feedback from the market to constantly change their products, services and marketing. This is a completely different set of skills and knowledge than what it takes to be effective as a practicing attorney. The difference is like night and day.”
Barnes's feedback does not discredit law firm marketing and business development departments, but actually demonstrates why their roles are particularly significant in a law firm. These are the professionals who are tasked with training lawyers on making a dynamic pitch to a client or networking effectively to build relationships and generate work. When lawyers lack those skills, it is those nonlawyer roles that step up and fill the gap. In my past article, “It Takes Two: The Attorney-Marketer Relationship,” I talked about the importance of nonlawyer roles in firms and how both sides can benefit from this collaboration. The article focused on the fact that creating brand awareness and reputation for the firm, as well as setting the framework for effective business development for each practice group, are essential to your firm's success. However, this only happens when there is a productive and mutually respectful relationship between marketers and their lawyer colleagues.
Big Law seems to have learned the importance of running the business side of their firms as we are seeing more and more nonlawyer business executives in C-Suite roles. There is also greater separation between the managing partner who used to be responsible for rainmaking, supervising teams and making overall financial decisions to now delegating some of those tasks to departments that are dedicated to those functions—many of which are led by nonlawyers. Take for instance my firm's hierarchy that functions on a smaller scale. I currently serve as the firm's chief operating officer and, after my managing partner, I am the second highest-ranking person in our firm. While our managing partner is responsible for overseeing all of the legal work and serving as our firm's biggest rainmaker, I oversee the remainder of the business. When curious observers ask us why we run our firm the way we do, our answer is always the same: Our managing partner takes care of the legal side while I take care of the business. We both understand that running a law firm today requires so much more than just being a great lawyer. I have a supportive team underneath me that helps me run our firm smoothly, train and develop our lawyers to become better business people, while our managing partner can focus on what she does best: being an amazing lawyer with unbelievable rainmaking skills.
Don't get me wrong—being a good lawyer who pays attention to client needs and produces high quality and efficient legal work is still of the upmost importance, but that is not the only priority a lawyer (or a law firm) needs to focus on in order to stand out in a highly competitive industry. There is strength in numbers and having departments of people (or for us smaller firms, a few select people) who support the great lawyering the attorneys are doing through operations, marketing and business development, is critical to the success of the firm regardless of size. For law firms today, there is a lot of truth behind the phrase “it takes a village,” because without the support and help from each person on the team (lawyers and nonlawyers alike), you fail. And failing is really not an option is it?
Jessica L. Mazzeo is chief operating officer of Griesing Law, where she focuses on overseeing and implementing all of the firm's business operations while establishing policies that promote and retain the firm's culture and strategic vision. In addition to her role at the firm, Mazzeo is vice chair of the committee on diversity and inclusion of the Association of Legal Administrators. She is also a volunteer for the National Association of Minority and Women Owned Law Firms and the Women's Business Enterprise Center East. Contact her at 215-732-3922 or [email protected].
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