At the beginning of this year I posted a note on how businesses could get more out of their external lawyers. That note focussed on how businesses and their lawyers could use technology to achieve a better relationship through sharing of information and collaboration.
I have just read an article by David Maister ,a professional service firm consultant, titled Do You Really Want Relationships? which discusses the difficulty on the one hand in moving professional service firms generally (not just lawyers) from acting as experts to acting as advisers and the caution on the other hand shown by businesses in developing relationships with external firms .
If you are a business do you see your professional service firm as your enemy or someone you have a profitable long-term relationship with?
Some key quotes:
"many people have built their past success on having a transactional view of their clients, not a relationship one, and it is not clear that they really want to change. Stated
bluntly, professionals say that they want the benefits of romance, yet they still act in ways that suggest that what they are really interested in is a one-night stand. ..
Most professional-to-client interactions involve little if any commitment to each other beyond the current deal. The prevailing principle is “buyer beware.” Mutual guardedness and suspicion exist, and the interaction is full of negotiation, bargaining, and adversarial activity. Both sides focus on the terms,
conditions, and costs of temporary contact. Each side treats THEM as “different,” as “other.”
This is the way many professionals and their clients want it to be. They want a
transaction, and may not yet (if ever) be ready for relationships. Rather than acting to build relationships, both sides might initially have the brakes on...
Although it is not an identical concept, the difference between transactions and relationships is similar to the distinction between being an expert to one’s client versus being an
advisor.
An expert’s job is to be right—to solve the client’s problems through the application of technical and
professional skill. In order to do this, the expert takes responsibility for the work away from the client and acts as if he or she is “in charge” until the project is done.
The advisor behaves differently. Rather than being in the right, the advisor’s job is to be helpful, providing guidance, input, and counseling to the client’s own thought and decision-making processes.
The client retains control and responsibility at all times; the advisor’s role is subordinate to this, not that of a prime mover....
Relationships can be scary, particularly if they rush too quickly into creating obligations that neither side is yet ready to accept. Both client and provider may be reluctant to commit to each other for future activity until significant experience with each other is developed."
Whether you are a professional service firm or a business that uses one, read the whole article and think about the issues it raises.
UPDATE 13 December: HBS Working Knowledge has an interview with Constance Bagley the author of Winning Legally: How to Use the Law to Create Value, Marshal Resources, and Manage Risk.