Few marketing and business development professionals believe their best use is in simply doing what lawyers ask. Similarly, few law firms hire MBD professionals to be order takers. Yet for many reasons, even experienced MBD pros at times revert to order-taker status. Why?
Four key traps regularly trip up marketing team members.
Trap 1 - Responsiveness: We say yes automatically, without first thinking fully through a request. Responsiveness can be driven by super-pleasing, our need to be liked, or simply not thinking critically.
Trap 2 - Busy-ness: Some days we are just overwhelmed. We move through our lists to knock out the next task, and before we know it we've ceded an opportunity to give a lawyer what they asked for, only better. Self-own.
Trap 3 - Risk Aversion: We know we shouldn't say yes--at least not as is--but this attorney is difficult. We've been down the "Yes and" road before, with only heartache to show for it. Rather than take the stand we know is right, we follow the path of least resistance.
Trap 4 - Survival: We we don't know who, if anyone, will back us up if we say no. See Trap 3.
How to avoid these traps?
First, buy time. And let's be clear: we can be responsive without saying yes. A quick reply to simply acknowledge, receipt will go a long way. "Hi Kate. I see this request. I'm juggling right now and will get back to you by tomorrow afternoon." If the request is time sensitive, acknowledge the deadline so they know that you know there's a clock running.
It can feel like a bad thing to slow things down. Remember, though: lawyers appreciate when we care about their work and want to be thoughtful and collaborate with others.
You could also say, "I want to think about this for a moment," or "I want to ask a team member for input." We work in such fast-paced environments that it can feel like a bad thing to slow things down. Remember, though: lawyers appreciate when we care about their work and want to be thoughtful and collaborate with others. That's an important step to be seen as a leader rather than an order taker.
Second, take the time to ask "Is there a trap here?" What is it? Recognizing which trap you face can inform your next move.
Third, empower yourself. Ask three questions to help evaluate your course of action.
Does my client know what I know?
Can my client do what I do?
Will my client benefit from what I know and do, even if they didn't ask for it?
If the answers are "No," "No," and "Yes," ask one more question: "Now what?" Chances are, you'll have a sense of what questions to ask or suggestions to make to lead a lawyer to a better outcome.
Finally, is it worth it?
Even when you see the trap and know how to avoid it, is the juice worth the squeeze? A quick analysis can help you make a final decision about whether to fight the good fight or fulfill the request as is.
What are the pros and cons if I give exactly what they want?
What are the tradeoffs for the firm?
Who is the lawyer? What's our history together? Does this align with firm/practice group/BD strategy?
Refining your choices through those lenses can ultimately help you reach an informed decision about your service delivery--rather than merely reacting and regretting it later.