Legal tribe: The science behind strong client relationships

It may sound counterintuitive, but the business of law isn't about law. Rather, it's about forming a tribe of mutually-supportive relationships between lawyers and clients. To the human brain, a legal matter or case is merely an excuse for forming mutually-advantageous relationships. The building of these relationships (in all areas, not just law) is what human beings are really all about.¹ In these challenging times, a strategic, coordinated focus on client relationships can make the difference between success and failure. But, very few lawyers do this exceptionally.

When asked how he grew and deepened his impressive client base, Grant Marjoribanks, one of Herbert Smith Freehills' most successful litigation partners, said: "Some time ago, I gave up relying on promoting my experience or my expertise. I realised that subject expertise was a given, it was assumed. Clients found it a turn-off to be reminded of it.

"I discovered that what was important to them was my ability to understand their business and their overall objectives. By non-intrusive questioning, I was able to find out their real needs of me. I found that they stayed with me because they saw me as an integral part of their support network."

You can become an essential part of a current or prospective client's support network without jumping to meet all of their demands at any cost to your team. In this article, we explore the learnings from recent scientific research on our evolutionary heritage, neurobiology and genetics, and discuss their implications for how to form high value and lasting client relationships.

 

Supportive relationships

Science tells us that 80 per cent of our genetics and neurobiology is geared toward surrounding ourselves with a nexus of supportive relationships in order to get our needs met.²

The human system is quite black and white - someone is either a part of your support network or they are not; you either view them as having your back and your interests at heart, or you don't. But, the depth of the relationship is judged according to the depth of the perceived support that can be expected.³

The brain gauges the strength of relational support by the answer to two simple (usually unconscious) questions:

1. Can this person meet my needs?

2. Can I understand and meet their expectations and needs?

In fact, a relationship in any area of life can be defined as the mutual satisfaction of need. In terms of making strong relationships with clients, the job of partners or fee earners is therefore to:

• find out the client's real needs of your firm or the matter;

• be clear about their own needs and boundaries;

• show interest in the things that really matter to the client, not just their legal issues; and

• be in frequent face-to-face communication with them.

 

Know your client

Never assume that you know what a client really needs. Research tells us that 90 per cent of all our assumptions about other people are wrong in some way.⁴ And, the more you have to guess what another person's needs are, the less secure is the relationship.

"Often the general need is immediately apparent because the client comes to the firm for a particular reason," says Paul Gleeson, managing director of Australian law firm Russell Kennedy.

"However once you have established the basic parameters of the need, your next set of questions should be aimed at finding out the client's overall business objectives and how whatever it is that they have come to see you about fits into that picture."

He continues: "Once those objectives have been established, you can then get into more detail about the specifics of how you and the firm will assist the client in meeting them. Start with the big picture, find out the parameters and then work your way back down to the detail."

Never assume that the client's specific needs will remain the same.

"Relationships and client needs are often dynamic," comments Robert Regan, division leader at Corrs Chambers Westgarth. "So it is important to keep asking and listening."

Finding out the client's needs doesn't mean you commit to meeting them; often this is the first item in a negotiation. Be clear about your own needs and boundaries.

Research on adult attachment applied to professional service firms shows that clients expect partners to be like good parents who know what they are doing and can guide them, rather than supplicant children willing to burn out themselves or their teams, or even to undersell their services to get work.⁵

If you cannot say 'no' and establish boundaries, you will not give clients confidence in the value you can add. This is as important as being able to give clients facts they may not want to hear.

 

Relationship needs

Research shows that there are six basic relationship needs:6

1. physical safety;

2. status;

3. certainty;

4. autonomy (or self-determination);

5. trust; and

6. belonging.

 

1. Physical safety

In terms of a relationship with clients, physical safety will probably mean your ability to protect them from their enemies, to 'watch their back'. In every matter, clients will usually experience a sense of danger - a sense that they are being attacked. This is true even if your client is the one wanting to sue the other party, evict them or litigate against them. One of the most important ways that you can give a feeling of support to a client is by understanding where they are.

"In litigation, many of the issues that a client has are often far from legal, but are more generally to do with their overall business strategy, their individual fears and hopes," says Marjoribanks. "It's the job of the partner to listen and to ask questions to show that he or she is interested and prepared to offer support."

Another way of providing clients with a sense of physical safety is to be very clear in your language. Studies in many professions show that the clearer you are in your communication - the less jargon and profession-speak you use - the greater the sense of safety your client will feel.⁷

"Don't worry about being in their shoes, be in their head. Don't let your professional ego get in the way," says Dr Niv Tadmore, a senior tax partner at Clayton Utz. "Make your communication with clients simple and direct. Avoid jargon or complex terminology. If they understand, they will feel more secure, they will see the problem and the solution at room temperature."

To make a client feel safe in terms of the partner/client relationship, you should:

• be very clear about your own needs and boundaries;

• keep the client informed at all stages of the matter;

• use simple language in all communications;

• ask the client about their hopes and their fears; and

• listen without judgement before offering solutions.

 

2. Status

Status is closely related to physical safety. Status is a really important need, but it is relative. In human neuropsychological terms, it means a sense that the other party either sees you as important and/or can offer you something which will increase your importance in the eyes of others.⁸

To meet this need:

• ask questions which will tell you who they most need to please;

• use specific praise to show that you are aware of their strengths and achievements; and

• show interest in their ideas and interests.

 

3. Certainty

Almost above anything else, the human system craves certainty.⁹ Many studies have shown that the most highly sought-after kind of certainty is that of relational certainty. For clients, this means being able to rely on you to be there for them, to be part of their support network.¹⁰ This relational certainty is obviously not so vital at the 'courtship stage' of a client relationship, but it becomes increasingly important as the relationship deepens. Uncertainty at this stage can spell the end of a relationship.¹¹

For example, when a partner hands client work over to a colleague and then taken little or no visible interest in the matter, the client feels abandoned. The client's sense of relational certainty with the original partner (and, by extension, the firm) is broken. It is vital for the original partner to be visibly interested in the matter and to be in frequent contact with the client.

Gleeson puts it this way: "Frequent communication concerning the progress of matters is the best forum for continually delivering the relationship value message to the client."

In terms of gaining and retaining clients, science tells us:

• remember that what you are selling a client is the certainty of a continually-supportive relationship, not just your legal expertise;

• the human brain never assumes that the relationship is there, but is always testing that assumption, so take pains to reaffirm your support for the client; and

• never pass work to another lawyer without showing that you are still connected to the matter.

 

4. Autonomy

Humans need to feel that they are in charge, that they have autonomy. This is one of our prime motivators.¹² In practice, this means that a lawyer must find out which aspects of a matter the client wants to remain in charge of. Although the need for autonomy is universal, some clients will need to be more in control than others, or in control of different aspects.

It used to be thought that the drive for autonomy was only important in more individualistic cultures and that it was less important in others (such as China). However, recent brain studies have shown that this is not the case. Autonomy is a universal drive in all cultures; it is just expressed differently.¹³

Delivering autonomy to a potential client may involve not appearing to rush or pressure them into giving you work. Dr Tadmore began his relationship with the CFO of a company which turned into one of his largest clients by saying: "Gaining your trust sufficiently for me to be your advisor is probably going to take two years. Let's start now."

To ensure your clients feel that you value their autonomy:

• make yourself less of an aloof 'legal expert' and more of a colleague to your client;

• show that you value your client's opinions and beliefs regarding the matter and that his or her approach is as worthwhile of consideration as your own; and

• never rush to 'close the sale' to a potential client.

 

5. Trust

Recent studies have shown that there are five essential elements to building trust. These are:

• Benevolent concern. This is demonstrated by someone going out of their way, or taking a risk to help someone else. The trick here is to make sure the person you are taking a risk for is aware of what you are doing.¹⁴

• Commonality. People are more likely to buy your services and stick with you if they feel that you share things in common with them. Commonalities can be large or small: a shared name, place of birth or even support of a football team can be enough.¹⁵ The more you and your client have in common, the more you will trust each other.

• Communication. Human beings are genetically wired for frequent, preferably face-to-face, communication.¹⁶ Frequent communication is important for trust, because the relationship-forming part of the brain, the striatum, needs that continued interaction to confirm that the relationship is still supportive.¹⁷  So, ensure you have frequent face-to-face meetings with clients.

• Competence. In terms of trust, competence refers to our ability to keep our promises. We trust those who deliver on their promises more than those who promise more and deliver less than they promise, even if they in fact deliver more than those who promise less.¹⁸ Make sure you either keep your promises or explain early on why you're not going to keep them.

• Consistency. This ties into the brain's need for certainty. We tend to trust those who behave consistently in a certain way towards us. Of course, consistently benevolent behaviour gets the biggest trust boost.¹⁹

 

6. Belonging

The need to belong is extremely powerful. If you can tap into this, you can get a client who stays with you for the long term, rather than just seeing you as part of their support network. It's a matter of getting them to feel that you, your team and your firm are part of their tribe.

The human sense of belonging derives from the action of two powerful neurochemicals:

• dopamine - the reward neurochemical (sometimes called the 'pleasure' chemical); and

• oxytocin - the transmitter of trust and bonding.

A client will want to belong to a tribe whose members show that they enjoy working with each other and are securely bonded to each other. This is a tribe worth joining because it is giving off signals that, within it, a person will find happiness (reward) and belonging.²⁰

Sometimes this sense of belonging can be sparked by something completely outside of the lawyer/client interaction. Potential clients often say they are put off by the cold 'efficiency' of the firm's reception staff. To create that sense of belonging, Herbert Smith Freehills' Sydney office has a friendly receptionist who recognises clients and treats them as special friends. Several clients have said this helps them to feel the firm 'cares for their clients'.

To take advantage of clients' need for belonging, you should:

• ensure you have created a team who really enjoy working with each other;

• ensure clients feel that they are part of that team - make them feel 'at home'; and

• ensure that the sense of belonging begins as soon as the client enters your offices.

 

Communication strategy

Given the above, what is the best medium to convey support and to explore mutual needs?

Over the past couple of decades, people have become obsessed with computer or internet-based communication - emails, LinkedIn, Twitter, Facebook, YouTube and so on. Yet, everything that we know about the genetics of communication show that these methods do not easily increase trust or lead to the creation of solid relationships.²¹ In fact, emails, Facebook and the like reduce trust.²²

It's not that face-to-face communication is the only effective way to communicate; far from it. But, it does lead to the establishment of trust much faster than any electronic form. Virtual teams that only communicate electronically take far longer to develop trust.²³

Strong relationships with clients depend, very largely, on frequent face-to-face communication.²⁴ This is because of the way we are genetically wired - the development of trust depends on our being able to use all our senses to decide whether someone is being honest with us.²⁵

"Particularly at the early stages of a relationship, a face-to-face meeting is worth a thousand emails," says Gleeson. "Face-to-face communication conveys far more information in a more accurate, complex and nuanced fashion than one-dimensional communication like email. Telephone calls and video conferences are better, but there is no substitute for face to face."

Dr Tadmore agrees. "I don't use Facebook or any electronic media to communicate with clients, outside of the occasional unavoidable email," he says. "I use LinkedIn to help keep in touch with existing clients, but you don't add to your client list that way."

Based on the neuroscience and neurogenetic research conducted over the past ten years, we have rated communication mediums in terms of their effectiveness in forming lasting and meaningful relationships with clients in Figure 1.²⁶

 

Figure 1: Effectiveness of client relationships management approaches
Communication medium						Score ( /10)
Face-to-face and in person						10
Face-to-face via videoconferencing, with close-up on faces						7
Telephone, plus some face-to-face in person						6
Telephone alone						4
Social media plus some face-to-face in person						4
Mostly email, plus some face-to-face in person						3
Social media alone						-3
Email alone						-8

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Relational support

Building high value and lasting client relationships comes down to the basic fact that we are relationship-focused people who look to form connections with those who can support us and who can meet our needs.

Law firms are in the business of selling this relational support. Those that understand and act on this will be the ones that survive and succeed in these very challenging times.

Bob Murray, MBA, PhD and Alicia Fortinberry, PhD won the 2012 American Science achievement award for their work on the behavioural neurogenetics of motivation and personality. They are founders and principals of global consultancy Fortinberry Murray (www.fortinberrymurray.com).

 

References

1. See Evolutionary Psychiatry, A. Stephens and J. Price, Routledge, 2000

2. See 'Biology and Behavior', P. Cooper, in Handbook of Emotional and Behavioural Difficulties, P. Clough et al (eds), Sage Publications, 2004

3. See 'Brains, Genes and Primates', E. Callaway et al, Neuron, Vol. 86, No. 3, 2015

4. See The Invisible Gorilla, C. Chabris and D. Simons, Harmony, 2011

5. See 'Patterns of stability in adult attachment: an empirical test of two models of continuity and change', C. Frarley et al, Journal of Personality and Social Psychology, Vol. 101, No. 5, 2011

6. See Social Psychology: Handbook of Basic Principles, A. Kruglanski and E. Higgins, Gilford Press, 2007

7. See 'Professionalism and team care in the clinical setting', D. Page, Clinical Anatomy, Vol. 19 No. 5, 2007

8. See 'The repurposed social brain', C. Parkinson and T. Wheatley, Trends in Cognitive Neuroscience, Vol.19, No. 3, 2015

9. See 'Feelings of the Future,' B. Miloyan and T. Suddendorf, Trends in Cognitive Neuroscience, Vol. 19, No. 4, 2015

10. See 'Relational Uncertainty in Interpersonal Communication', L. Knobloch, in New Directions in Interpersonal Communication Research, London, S. Smith and S. Vilson (eds), Sage Publications, 2010

11. See L. Knobloch, 2010

12. See 'Self-determination theory: A macrotheory of human motivation, development, and health', E. Deci and R. Ryan, Canadian Psychology, Vol. 43, No. 3, 2008

13. See Deci & Ryan, 2008

14. See 'Moral Character in the Workplace', R. Taya et al, Journal of Personality and Social Psychology, Vol. 107, No. 5, 2014

15. See 'What a Coincidence! The Effects of Incidental Similarity on Compliance', J. Burger et al, Personality and Social Psychology Bulletin, Vol. 30, No. 1, 2004

16. See 'The Effect of Communication Frequency and Channel Richness on the Convergence Between Chief Executive and Chief Information Officers', A. Johnson and A. Lederer, Journal of Management Information Systems, Vol. 22, No. 2, 2005

17. See 'Oxytocin Shapes the Neural Circuitry of Trust and Trust Adaptation in Humans', T. Baumgartner et al, Neuron, Vol. 58, No. 4, 2009

18. See Under promise, over deliver, T. Peters, TPG Communications, 1987

19. See 'The Role of Trust in the Modern Administrative State', S.E. Kim, Administration & Society, Vol. 37, No. 5, 2005

20. See 'Genetics of Human Social Behaviour', R. Epstein et al, Neuron, Vol 65, No. 6, 2010

21. See 'Evolution of the Social Brain', R. Dunbar and S. Shultz, Science, Vol. 317, No. 5843, 2007

22. See Technology, Organizations and Innovation: Towards 'real virtuality'?, I. McLoughlin et al, Taylor & Francis, 2000

23. See 'All in due time: The development of trust in computer-mediated and face-to-face teams', J. Wilson et al, Organizational Behaviour and Human Decision Processes, Vol. 26, No. 1, 2014

24. See 'How to distinguish innovative suppliers? Identifying innovative suppliers as new task for purchasing', H. Schiele, Industrial Marketing Management, Vol. 35, No. 8, 2006

25. See 'Functionally Defined White Matter Reveals Segregated Pathways in Human Ventral Temporal Cortex Associated with Category-Specific Processing', J. Gomez et al, Neuron, Vol 85, No. 1, 2015

26. Adapted from ideas in Communication, Conflict and the Management of Difference, S. Littlejohn and K. Domenici, Waveland Press, 2007

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