I heard the following story from a friend this week, and it struck me as representative of a common frustration with lawyers (in this case outside counsel).
1. The 7 Wastes of Lawyers. Waste #6: Pre-Processing, a true story in 10 tweets. http://t.co/vzC3MEvWB0 #DoLessLaw #Lean #LegalValue
— John E. Grant (@JEGrant3) August 19, 2014
2. Client email to big firm lawyer #1: “I have some Qs about a new employment policy.” Lawyer: “Let’s schedule a meeting with Lawyer #2.”
— John E. Grant (@JEGrant3) August 19, 2014
3. 2 days later, email from Lawyer #2: “I have attached your new policy, slightly modified from my template.”
— John E. Grant (@JEGrant3) August 19, 2014
4. Client: “Um, okay. I thought we were scheduling a meeting.” Lawyer #2: “Don’t worry, this was easy.” Client: "But I just had a question."
— John E. Grant (@JEGrant3) August 19, 2014
5. End of Month: Bill arrives: “Lawyer #2: .2 hrs: receive & review email; .5 hrs: Conf. w/ Lawyer #1; 2hrs: Document drafting & review.”
— John E. Grant (@JEGrant3) August 19, 2014
6. Bill Continues: “Lawyer #1: .2 hrs, receive & review email; .5 hrs, Conf. w/ Lawyer #2; .5 hrs, document review.” Total bill > $2,000.
— John E. Grant (@JEGrant3) August 19, 2014
7. Client: “What is this for? I just had a question.” Lawyer #1: “Oh, OK, I’ll give you a discount.”
— John E. Grant (@JEGrant3) August 19, 2014
8. Client: “A discount on what? I just had a question.” Lawyer #2: Oh, OK, I’ll write off the hours.”
— John E. Grant (@JEGrant3) August 19, 2014
9. Client: “Thank you?” The end…. for now.
— John E. Grant (@JEGrant3) August 19, 2014
10: Moral: … I bet you can figure it out… http://t.co/vzC3MEvWB0 #DoLessLaw #Lean #LegalValue
— John E. Grant (@JEGrant3) August 19, 2014
The client was billed over $2,000, and she hadn’t even asked her question yet! This is a solid mid-sized company, but one for whom $2,000 still means something.
And of course nobody wins here. The client has a legal document, but still has no idea whether the policy she got is necessary or applicable. The lawyers got to count some hours against their annual targets, but in the end the firm got no revenue from the exchange and frustrated a client.
I have no doubt the lawyers involved thought they were being “efficient.” They were “anticipating the client’s needs” and “being proactive.” And look what they have to show for it.
As I said in my Twitter thread, this is classic Legal Waste, specifically waste from Pre-Processing. I won’t reiterate here, but remember what happens when you assume:
http://cdn.someecards.com/someecards/usercards/MjAxMy1iM2E0NDdkMWQ2MGFlNTAw.png
© 2014 John E. Grant.