June 2003

Things to Learn from a Lawyer with Files in Piles

by Jeff Tolman

We three middle-aged lawyers met for lunch and, as often happens, our conversation turned to the lawyers who had preceded us in practice. How things were different, and the same; what we had learned from their experiences.

As we chatted we were reminded of one of the happiest and most successful lawyers in the history of Kitsap County. By all accounts a nice person and a good lawyer, he always had three separate piles of files on his desk. The pile farthest away from him was the "C" pile — cases of the clients who were behind in their payments or who weren't responding to his calls. The middle pile, the "B" pile, was the largest pile. It contained his average clients, who usually paid and were okay, but not great, to work with. In the pile closest to him, the "A" pile, were his best clients — those who paid promptly, who referred clients to his office, and with whom he had had a long relationship. Those who, month to month, fed his family.

Every day when the lawyer began his work he started with the A pile. When he had completed the needed work on those cases, he worked on the B pile. After that work was done, he spent any remaining time dealing with C-pile issues.

The lawyer was up front with new clients. After explaining the configuration of piles on his desk, he would tell them, "Your file will begin in the A pile. Whether it stays there or not is up to you."

When he stopped practicing, there were lots of A files. He had good clients. His bills were always paid, his family always well fed.

While the new Rules of Professional Conduct don't allow a lawyer a C pile that gets worked on only when time allows, modern rules do allow a lawyer to withdraw from cases. And under the "old lawyer's" organizational method, choosing the files to withdraw from was easy.

Several lessons can be learned from the old lawyer.

First, like any good businessperson, he deciphered and prioritized clients. He knew who paid their bills and who took up his time for intermittent or occasional payments. He knew who brought new business into his office. He knew who had earned getting his first, and best, effort. So did his clients.

Today, I know of no lawyer so organized, though we all should be. For years I had lists of 1) my 10 biggest cases going at any time, and 2) the 10 best referral sources among my clients. They got first priority. They got TLC.

Over time my lists have disappeared. Instead, I have fallen into the lawyer's dilemma of becoming a firefighter without every other day off. Too often, I come into the office and put out the biggest fire on my desk, then the second biggest, then handle the emergency phone call. My good clients, the ones who pay my bills, remain on my desk, often getting less attention than my "squeakier" nonpaying clients.

Every lawyer should keep the following lists, frequently updated:
 
 1. The 10 clients who refer the most business to the office;
 2. The 10 cases in the office anticipated to generate the biggest fees;
 3. The clients who pay their bills in full within 30 days of receipt;
 4. The 10 clients you enjoy working with the most.
 
These clients are your A pile, the clients who make practice bearable and enjoyable. The clients who give positive reinforcement for work well done. The clients who pay the bills.

Probably there should be a fifth list, too — the 10 clients who give a lawyer and office staff the most trouble. My bet (and certainly my personal experience) is that this group would take an inordinate amount of time and attention without the corresponding positive feedback or payment. Why I keep working for these demanding, nonpaying, unsatisfiable clients only a good psychiatrist (or another lawyer) could determine. Any reasonably good business-person would figure out immediately that my energies are misdirected, my priorities juxtaposed.

Every well-run business monitors its clientele. Lawyers (who are not generally in this category) should, too. 

No wonder the old Kitsap County lawyer was happy and successful. He knew who his best clients were and gave his best work to them.

Jeff Tolman is a lawyer and part-time municipal court judge in Poulsbo, and has served on the WSBA Board of Governors.

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