Ambitious firms recognise that being excellent at their core legal skill is simply not enough – creating
an enhanced commercial understanding of their clients’ needs and building the business
development skills of their people are two ways in which the firm can create a strong and enduring
brand position.
It is clear that to run efficient businesses, create stimulating career paths and ensure sustainable
profitability, senior lawyers need to develop their interpersonal, strategic planning and management
skills if they are to prosper.
Of course these new abilities need to sit alongside rather than replace the traditional black-letter law
training that has been the staple of many professionals. Excellence at the law cannot be ignored but
it is, for the vast majority, a hygiene issue.
Hygiene is a marketing concept based on the notion that, whilst good sanitary practice may have a
crucial role in preventing illness, it will not positively make anyone healthy – this requires a different
kind of activity. Hygiene is crucial in preserving the general wellbeing of the person but more is
needed to foster overall vitality. An oft quoted example is the airline industry where passenger safety
is a key hygiene issue – if airlines do not perform on this measure they are soon out of business.
Few people investigate and select airlines on their safety record; it is other factors that create
customers and loyalty. In business, performing well on hygiene issues is necessary but not sufficient
to ensure competitive success.
It follows that clients of a typical law firm assume technical competence. They both select and
maintain their relationships with firms by evaluating performance across a range of other issues –
some connected with the overall brand of the firm and others vested in the individual bonds that exist
between professional and client.
The life of a professional – shifting priorities, shifting emphasis
“I became a lawyer to practice the law, not to be a manager or salesman!” is the cry (nay lament)
heard in law firms across the world. Senior lawyers and partners find the emphasis in their roles
changing inexorably as competitive pressures grow and demanding clients increase their focus on
the non-technical aspects of the service that they receive in their selection of law firms.
Some lawyers will have a natural inclination or gift that predisposes them to be good managers, good
salespeople or good client developers. However, many will not. These skills are not significant
factors in gaining entry to the profession nor are they crucial for their subsequent success in
becoming technically able lawyers during the initial years of their career.
Given what we know about technical competence being a hygiene factor, it should be self-evident
that acquiring a new range of business development skills and competencies must be an area of high
priority for firms. They will be key differentiating factors that allow individuals to build stimulating
careers and firms to create clear blue water between themselves and others in their weight-class.
Notwithstanding the fact that some will have natural ability, all will benefit from a structured
programme of training and development. This serves to create a common benchmark level of skills
across the business at each level of seniority. Importantly, it also ensures that all can converse
competently in the language of management and client development in just the same way as they
can discuss points of law.
Training and development activities represent a significant investment for many firms but, for a
significant proportion of professionals, personal development is not a high priority. This may be for a
number of reasons – genuine pressures of work, a lack of belief that the training will make much of a
difference or genuine discomfort with the idea that skills-gaps and weaknesses may be revealed in
someone who has a high-status position within the firm.
What sort of training and development makes a difference?
It is important to consider two tiers of training and development – termed below as core
and advanced.
Core skills
There is a range of fundamental business development skills and competencies that should feature
in the armoury of any rounded professional. These can be categorised into two broad camps:
• Enhancing abilities to win new business; and
• Ensuring that existing client relationships are managed better.
They are the obvious skills that will benefit both the client development and practice of every lawyer.
They will include, on the client development side, areas such as presentation training, sales process
and techniques, plain English communication and writing, active listening and networking techniques.
In terms of running a more efficient business and serving clients better, core training will often encompass financial management, project management, appraisal training and internal communications.
However all of these are, to a degree, vanilla since they represent the sort of nontechnical skills that clients will generally expect from a senior professional.
Advanced skills
Over and above these base-line capabilities, there is a segment of higher-order skills that
professionals may also acquire. They represent the icing on the cake that allows high-performers to
create distinct, highvalue relationships.
In some areas, this may mean honing preexisting core skills. The focus in other streams will often be
on building wider business understanding so that the lawyer can walk the talk of a more rounded
business advisor.
In many firms, for example, the instigation of a key client management programme carries with it a
need for further training of senior personnel. Of course, in this scenario, such programmes can act as
vehicles for achieving more broadly based objectives since the skills that are implicit in key client
management are also equally applicable to the management of all clients.
The new kid in town...
However, the best structured training and development model – planned to take people through a
range of development programmes as they progress in seniority through the firm – stills needs to be
flexible and adaptive to the needs of one group in particular. This is, of course, the lateral-hire that
joins the firm after a number of years of experience with another organisation.
The training and development that they have received in their career to date may have been
excellent or non-existent. An initial assessment is therefore needed to identify skills gaps and to
create a programme that quickly inculcates new personnel into the firm’s approach (at the
appropriate level and without duplicating training that they have already received at their
antecedent organisation).
At the same time, the importance of introducing new joiners to the common terminology that has
been adopted and the systems that have been developed must not be ignored; it forms a separate
and important facet of the induction process. It is part of the brand recipe.
Never stop learning…
Of course there is also the need to keep skills honed and to refresh learning on a regular basis. No one should rest in the belief that they know it all and firms should encourage everyone to participate
in new learning experiences. Whilst the concept of lifelong learning may appear passé to the busy lawyer, it is nevertheless important when considering an appropriate development path over the life of a career.
Benefits of a co-ordinated approach
As professionals become more senior and firms seek a more sophisticated approach, training and
development will often seek to address two distinct issues – making people more effective as
individuals and making the firm more effective as an organisation. This means developing skills
within a framework that encompasses a shared methodology, common underpinning infrastructure
and systems together with the use of language and terminology that is consistent across the firm.
Taking each of these in turn:
The way we do things around here
One of the important, yet often overlooked, tangibles that flows from a single approach to training
and development is the role that it plays in defining and building a cohesive brand – defined as the
way we do things around here.
A single approach is about much more than internal efficiency (although this is an important benefit in
its own right) but also about binding people across the business into building a consistent brand
experience both within the firm and with its client and prospect base.
Creating a single engine to drive growth
To fully realise the benefits of any new skills within the business it will often be sensible to create a
set of tools to support, measure and make more efficient their implementation.
Often these will take the form of IT-led systems to, for example, underpin a new sales approach or
aggregate knowledge to support a client development initiative. The key to efficient operations is to
create one system, ensure that it passes the “as complex as necessary, as simple as possible” test
and implement it across the firm. This stage will, of course, often create the need for a separate
training stream to ensure that systems and processes developed are implemented thoroughly.
Say what you mean and mean what you say
Consistency of language is important in conveying complex notions quickly and effectively. Training
provided by a range of suppliers will often employ different semantics to describe the same principleit
is part of developing the unique product that the provider desires but is ultimately frustrating for the
firm that is the unwitting victim of a lexicon of phrases all describing fundamentally the same thing.
Adopting a firmwide approach minimises the opportunity for confusion and disagreement. Whether it is termed a sales pipeline or a sales funnel is not the point, what matters is how the underlying approach is used in practice to drive revenue growth.
This final point is important for a number of reasons; a common language minimises confusion and misunderstanding, it creates a common sense of identity and it means that people from across a large and diverse business are able to engage quickly as part of the same family.
Whilst there may be some value to the individual in pursuing training and development activities on an ad hoc basis, purchased from a cohort of external suppliers, the benefit to the wider organisation is limited at best and potentially detrimental.
This is because for any particular topic area, there will often be a gamut of training providers each
offering products and services to satiate the appetites of training-hungry professionals. Of course, for
commercial reasons, each training provider seeks to create a unique approach (although in truth all
will be based on some fundamental bestpractice methodologies) which combines models and
language which they “own”.
For the training provider, this is an essential part of creating their product; something distinct and
arguably differentiated which can be offered to the market.
However, the benefits to a law firm of large numbers of wheels constantly being reinvented are much
less clear. Whilst each of the skills and approaches offered by different providers may in themselves
be valid, it is likely that when set alongside each other they present a confusing picture of the subject
area and muddle any single best-practice approach. This will be especially apparent when members
of the same firm embark on training using different providers. More time can be wasted in debating the relative merits of each system than invested in actually using the skills that have been gained to move the business forward.
In many respects, the choice of the training method to be followed is secondary, assuming of course
that it is one that adopts recognised principles and structures. What really matters is the consistency
with which it is applied. Also key is the ease of adoption of systems that are created to support people in the firm. They need to be placed in a position where they can apply the new skills that they have acquired and use them in practice to make the business more efficient and effective.
Make or buy decisions
There will come a point at which firms will need to consider make or buy decisions with regard to the
training that they provide. To what extent does it make good business sense to employ trainers
rather than outsource? Clearly, to a degree, this is a function of scale – a large firm with ongoing
training needs will be likely to bring at least elements of training in-house whilst a smaller firm will find such a move economically non-viable.
In many firms a de facto situation has developed in which quasi-training or coaching responsibility
falls to senior members of support departments. For example, business development managers will
often be called upon to run internal training for pitch situations while finance managers find
themselves creating seminars to help lawyers understand the principles of balance sheets and
financial statements.
Another common method is to send an individual to an external conference on the understanding
that they will subsequently disseminate the knowledge gained across the firm through distributing
notes and holding teach-in sessions.
Such approaches can deliver value but should be considered as part of a structured programme
rather than as an ad hoc intervention which varies across the business from office- tooffice or
department-to-department. It is disheartening for those involved to find themselves engaged by some
parts of the firm while others call on the services of external providers – the result is often
inconsistency and mixed messages that ultimately hinder rather than help progress.
By agreeing on a strategy that best suits the needs of the firm as a whole (with due consideration of
its current stage of development), partners can ensure that the full benefit of a common philosophy
accrues to the whole business.
Recognition and reward
In order to ensure that the firm obtains maximum value from a programme of development
interventions, broad participation is important. However, the bane of many training providers (and
those within firms responsible for the delivery of training and development) is the non-attendance
rates that plague such initiatives.
An initial rush of enthusiasm (or armtwisting) will create the full delegate list in advance of the
programme. However, as the day for training dawns, other forces come into play. These range from
genuine last-minute deadlines that have emerged from left-field, work pressures arising from poor
project planning (surely an endorsement for project management training if ever there was one!) to a
deep seated resistance to training based on fear of failure and the potential embarrassment of being
exposed as less than omnipotent to a peer group or, worse still, to subordinates. The savvy trainer
will be aware of the last issue and will ensure that the programme design and the structuring of the
delegate list at each session mitigate such risks.
In order to encourage high participation, it is vital to ensure that the development of new skills is
linked to the firm’s broader appraisal and performance measurement systems. Levels of engagement in appropriate training and development should be one feature of a rounded assessment process.
Indeed, the importance attributed by the firm to training and development is reflected both by what
benefits accrue to those who participate but also how constrained are those who do not engage.
However, any move to link training with performance evaluation must be genuine and credible rather
than formulaic. Forcing professionals to attend training programmes in which they perceive little
value or benefit will only create long-term resentment and disenfranchisement.
If the skills acquired do not add value to the careers of participants and the performance of the firm
then one must question the purpose and structure of the development programme. Where there is a
driving objective to create business skills to complement technical excellence then this is a
key consideration.
There is a plethora of training and development opportunities on which firms can spend their limited
budgets; what is important is that investment decisions are made with an eye to the skills that will
make the biggest difference to business performance.
What this means in practice is that there is a need to understand the experience of their clients and
invest to perform strongly on the things that matter most. If nothing else, an approach such as this
clearly demonstrates that business nous exists within the firm as it structures its training and
development programme to deliver results.