Introduction

Expectations of lawyers and legal services have changed and will continue to do so. When I started in private practice some 25 years ago, a lawyer's role was one of a legal advisor in the narrow sense of the term.

Within one generation, this attitude was no longer appreciated by clients. Instead of opinions, clients asked for solutions, and instead of legal advisors they looked for service providers. The service rendered became advice on how to solve a given problem. A memo could still summarize facts and reasoning, but the work product was now in the form of a presentation to the board, a step plan, or another text for immediate use by the client.

Clients today ask for even more, as providing a solution to a problem is no longer enough. Clients desire the next step where such a solution fits within and can be implemented into the company's processes and procedures. Lawyers need to be business oriented, understanding not only the goal but also the means available— such as people and resources—and how they can be utilized. The legal service provider needs to transform into a real partner within the client's business.

In past years, we have observed the transformation of in-house legal departments. Today's in-house lawyers are closer to business; they are involved in the project team at an early stage, and are consulted on business decisions. At the same time, the relationship to external lawyers has changed correspondingly. External advice is becoming more and more “internal”, as lawyers are becoming part of the client's team, and part of the project.

The challenge for a company when choosing a law firm is to examine which lawyers would fit best into an integrated team and will cooperate in a transparent and effective way, as this will ensure a successful transaction. Lawyers should make this task as easy as possible, through thoughtful preparation in order to increase their chances of being retained. This requires, most of all, a shift in mindset. Many lawyers still think that a presentation means talking about oneself (“We are global, we are qualified and experienced. Look at all our famous clients and big transactions.”) Instead, reflecting a change in attitude, they should talk about the client and the project to come, and present their thoughts and approach. Smart law firm managers are offering sales training to their partners and smart lawyers benefit from soft skill seminars. Some, like Dentons, even have a Director of Talent and a Director of Innovation who are constantly working on the shift in mindset.

Lawyering has become a business and therefore has to follow the rules of business. Pitching for work has become part of life for today's lawyers. Whereas in the past, an individual lawyer was retained due to his good personal relationship with the general counsel or management (and certainly because of his good reputation), there is rarely an interesting mandate today that will be assigned without a procurement process. To get invited to such a process more frequently requires having qualified to be on the law firm panel. The panel process reveals qualifications, expertise and competitive conditions. It is the battle for “better, faster, and cheaper”.

To win this battle, lawyers need to engage in strategic thinking on how to serve global clients in their global activities, how to use technology to be cost efficient and effective, and how to manage projects and integrate other service providers. At the same time, thought leadership, predictability on legal spending, and trust are the pillars of a successful client relationship.

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