source: Emily Carr:- ‘Practical Change Management for IT Projects‘
The ‘Valley of Despair‘ is a term used in IT process improvement projects to describe the period of time where productivity decreases immediately after the implementation of a new process. In essence it describes that period of time during which you shift away from what you know and are comfortable with to what is new and unknown (but which will ultimately, hopefully, results in better processes).
Although a term commonly associated with process improvement, to me this has also become a good way to best describe a growing trend in the modern lawyer’s life; namely that particularly difficult period during which a disruptive element impacts on their book of business. Examples would include:
- economic: with the GFC most securitization lawyers lost their practices overnight.
- panel: when your firm loses a panel appointment with your practice’s biggest client as a result of the client rationalizing the number of its panel firms.
- relationship: the key contact at your biggest client moves to a company your firm has no relationship with; or, worse, is promoted to a role where they no longer have influence over who gets the legal instructions.
There are many others, but you get the gist: your performance hits a wall called ‘change‘.
In my experience, partners who face this scenario come face-to-face with Elizabeth Kuber-Ross’ “Five Stages of Grief“:-
Denial —> Anger —> Bargaining —> Depression —> Acceptance
To overcome the Valley of Despair you need a sixth element: a desire to move forward.
- Step 1: Accept your fate
The first step in any recovery program is accepting you have an issue. Too often law firm partners stick their heads in the sand and refuse to accept that anything is wrong until the Managing Partner is knocking on their door asking them what their plans are for the future (wink, wink: it’s not with us!). By then, you are well and truly in to the ‘bargaining’ and ‘depression’ phases. If you want to rebuild your book of business you need to be much further ahead of the game than that.
- Step 2: Do an audit
Here’s the thing: things in life are rarely as bad as they first seem. So, as soon as you become aware of a change agent – such as those above – get out your pen and a piece of paper and write down a list of who you know, when was the last time you contacted them, what type of work could you be doing for them, are you already doing that type of work, etc.
In short, take stock of what you have and who you could be doing it for.
- Step 3: Make a plan
Alan Lakein is reported to have said: “Failing to plan is planning to fail“. I’m not sure if he actually did, but it’s pretty accurate and if you want to rejuvenate your book of business then you will need a plan of how to go about this.
This plan should include the obvious, like:
- what type of work do I want to be doing?
- who do I want to do this work for?
- what do I know [commercially] about these businesses [tip: if the answer is “not a lot”, get a research assistant on to it ASAP]?
- who are the decision makers at these companies?
- how likely are they to give you / your firm the work [tip: rank the likelihood from 1 – 5 (very – unlikely)]?
Your plan also needs to include things you may not think of, such as:
- will my partners give me relief while I try and rebuild my book of business? If so, how long?
- what level of fees do I need to generate (cost +, times 3, times 5)?
- what rates will I need to charge to generate that level of fees? will the target client accept these rates? if I need to discount, will my partners accept me discounting to win work when their clients are paying full freight?
- who is currently doing the work for the target and what am I bringing to the table that would make the target move the work to me?
- how will my competition react to me invading their turf?
- Step 4: Execute on the plan
I’ve heard it said that: “a plan without an action is a wish“. In the world of professional services, we see a lot of wishing!
So, as soon as you have your plan in place you need to get out from behind your desk and start to execute on it. Look at what
- inbound and outbound related activities you need to do;
- networking events are taking place and when;
then set yourself a 30-60-90 day action plan to work towards.
Most importantly, always be responsive and never, ever quit. Building a book of business takes patience and repetition, you cannot adopt a “lottery mentality” as one shot actions nearly always lead to failure.
So if at first you don’t succeed, try again. That way, you’ll give yourself the very best chance of rebuilding your book of business and moving forward.