Read an excerpt from "The Difference"-

by Sheryl Sisk Schelin:

Introduction

What's "the difference"?

Does it really matter what lawyer a client chooses? Aren't they "all the same"?

I believe it does matter, because the difference between the right lawyer and the wrong lawyer can mean the difference to the client between success and failure. I commit to making my practice - well, different - from other law firms that practice the business of law in fairly predictable, staid, "old school" ways - many aspects of which do not, in my opinion, serve clients well.

When I started my firm, I made a list of the aspects of an attorney/client relationship that could be perceived as "client-unfriendly."

I started with a simple question:

If I were a client, what would I question about "business as usual" at Typical Law Firm, LLC?

I made up a litigation scenario - an Equal Pay Act case. I imagined I'd selected an imaginary firm, whose practices mirrored the traditional litigation law firm model.  I then imagined I was given half an hour in the managing partner's office in which to state my grievances against the way I'd been treated since signing their retainer agreement. What would I offer up in the way of particulars? Why am I an unhappy client?

• Traveling out of my way to their fancy office, when it's convenient for them - and when it's almost never convenient for me, the client.
  
  
• Being charged for every fraction of an hour, usually in 6-minute increments, that they spend even casually pondering my case.
  
  
• No one will tell me how much my case is going to cost me, even though I repeatedly assure them that I'm not asking for a guarantee but just some kind of idea what to expect.
  
  
• Getting billed for every meeting, every email, every fax, both for time and for product, and the bill itself is practically incomprehensible ("research: six hours").
  
  
• Finding my case has been assigned to some anonymous associate I've never met - and whom I certainly didn't decide to hire - instead of the partner I did meet and with whom I felt comfortable.
  
  
• When I call, the lawyer can take days to return the phone call - if she decides to return the call at all.  Or it gets passed off to a paralegal or new associate fresh from law school.
  
  
• Sometimes I get the impression my lawyers think they're doing me a favor just by deigning to take my case. They actually make me feel guilty for not feeling more grateful! Who's paying whom, again?
  
  
• They make me run a gauntlet of paralegals, receptionists, junior lawyers and office managers before I actually speak to my lawyer on the telephone.
  
  
• They seem to care more about their win ratios than about doing what's right - or about me, for that matter.

1. Encourage efficiency

2. Empower the client
   

• I have a variety of convenient locations in which to meet clients, all over Horry County. I'll do my level best to make our meetings productive, comfortable, and as efficient as possible.
  

• Except when the client requests or when the court requires, I don't bill by the hour. I don't like it for many reasons, most of which boil down to this: it's not good for you, the prospective client.
  
  
• Because I don't usually bill by the hour, but instead offer a variety of alternative billing structures (depending on the type of case and other factors), we will be able to determine at least some idea of how much the representation will cost you. Whether it's a "minimum fee," a flat rate, a contingency rate plus costs, or some other innovative billing structure, that "blank check" feeling will be significantly diminished.
  
  
• Of course, there are lots of unknowns in litigation and some transactions, all of which can impact the ultimate price. But when I can anticipate those unknowns, we'll make those part of our agreement; as a consequence, you'll at least be able to determine beforehand in what circumstances the price can go up.
  
  
• Your invoice will be clear, concise, and easy to understand - and I never charge extra for faxes, emails and phone calls, which I consider to be part of my cost of doing business and are built into my operating costs overall, never billed separately to the client.
  
  

• I am a "true solo" - it's just me here. If we decide to team up to solve your legal problem, you'll be working with me, and no one else. Although I may on occasion retain "virtual assistants" (people who work from their homes or offices in remote locations via the Internet, thereby reducing costs to me - a savings which I can then pass on to my clients), I handle all client communications directly, and I am the one who will make court appearances, take and defend depositions in your case, help you through mediation and trial preparation, etc.
  
  
• I have a strict policy on returning phone calls. If your call is received prior to 2 PM, I will return your call that same day. If your call is logged after 2 PM, I will return it within 24 hours. Period. NO EXCEPTIONS.

• The ethical rules that apply to lawyers mandate that the client determines the goal of the representation. Most attorneys and law firms give at least a passing acknowledgment to this rule. I go further. My time is best spent putting into action the strategic plan that derives from an open airing of all expectations, all fears, all hopes, and all options. If that includes the retention of a specialist or professional other than me - even to the exclusion of my services - and that's the best option for the client, then that's what I will recommend.
  
  
• I will not sacrifice client service for the short-term gain of a few dollars. Such an approach can only backfire in the final analysis. The clients I want are the ones who come back, the ones who tell their friends I "did right" by them, the ones who come out the other side of our association feeling empowered, not drained or disrespected.