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In the April 1984 issue of The American Lawyer, an Incisive Media sister publication of this newsletter, David Maister authored a groundbreaking article entitled “Quality Work Doesn't Mean Quality Service.” Stressing the professional services provider's need to be “client centered,” Maister contended, “Whether logical or illogical, sensible or not, even the most sophisticated client will ' come to focus more heavily on the quality of service than on the quality of the work.”
Sometime thereafter, in my role as CMO of one of the then-Big 8 accounting firms ' and working with a marketing communications firm ' I commissioned an extensive internal survey as well as a survey of the marketplace to determine, among other things, what it would take to differentiate my firm from the competition. Sure enough, we concluded that technical capability, competency and qualified professional personnel, i.e., the basic ingredients of quality work, were “not leverageable” characteristics. Rather, if we truly wished to appear distinctive, our emphasis in communicating about the firm, and establishing our identity, should focus on the personal elements of the business relationship. In effect, the survey results agreed with Maister.
Accordingly, my firm embarked on a campaign with a most compelling and apt tagline: We take business personally. Based on subsequent awareness surveys, our campaign seemed to work. Moreover, the partners loved it and felt they were living the brand. Since then, many marketing professionals with whom I've spoken have no doubt that quality work, while clearly essential, will not cause a firm to stand out from the competition ' but that quality service will.
Moving Forward, Developing Doubts
It has been 25 years since David Maister's article first appeared. For some time now, I have begun to question his conclusions, as well as my own survey's similar ones. Not that quality service isn't important. But whether there is still the perception, and even the reality, that quality service is more important than quality work in elevating a firm's prominence and its ability to generate business from its targeted marketplace.
Maister started his article with a scenario about you and your auto mechanic. I prefer an analogy using someone from the professions ' your family doctor. Assuming you are not a doctor yourself, how do you determine your doctor's capabilities when asked whether or not you'd recommend him or her to a friend or relative? The two essential attributes that normally form the basis of a recommendation seem to be tender, loving care and bedside manner. Key indicators of quality service, right? But what about the quality of the doctor's work? Well, you're probably in no position to judge that or its importance relative to TLC or BSM.
But what if I were to ask you to objectively assess the attributes of a fellow marketing professional whom you know well? You'd obviously want to know the reasons for my asking, so you could respond accordingly. But, generally, what attributes would come to your mind as being most important? Think about it, and then classify those attributes as either work-related or service-related.
A Defining Moment
It's probably appropriate at this point to briefly define the terms:
Quality Work ' the performance or actual conduct of what has to be accomplished to successfully complete the engagement so as to meet, and preferably exceed, the client's needs and expectations.
Quality Service ' the actual or implied promise and commitment to what is to be accomplished to meet the client's needs and expectations, and the ongoing communication of progress through to the completion of the engagement, and possibly beyond.
In other words, it's how it's done versus how it's delivered, with the added assumption that both are to be carried out highly effectively and most efficiently ' i.e., with quality. Admittedly, as between quality work and quality service, there is some overlap, as will be apparent from the client feedback excerpts included later in this article.
The Present
Over the years, as Maister anticipated, businesses have developed certain in-house capabilities that have provided them with well-informed personnel to interface with third-party providers of relevant services. This has enabled those businesses to deal more effectively with outside vendors. Hence, a situation such as the one you may encounter in assessing your doctor's attributes is no longer comparable to what your law firm will experience in pitching one of its key clients or key prospects. Your firm has to anticipate that it will be interacting with a highly sophisticated and knowledgeable buyer who has a fairly deep understanding of both your firm and the matter(s) your firm will be addressing or has been asked to address.
So, in interacting with these key clients or key prospects, should your firm's representatives emphasize the quality of their service or the quality of their work to make the greatest impression? Obviously both, but which one will have more impact on your firm being successful? Assume the key client or key prospect is important to the firm; assume the personnel your firm is meeting with are important executives and decision makers; assume also that the matter or matters being addressed are of considerable significance both to them and to your firm. It would seem that their focus will be primarily skewed to making certain your firm has an adequate understanding of the issues involved and is highly qualified to perform the work required ' with quality service being of lesser importance.
There is considerable support for such a conclusion. Let me first refer to two recent postings from The Am Law Daily blog on AmericanLawyer.com. The first, dated Aug. 7, 2009, and entitled “Another Jewel in the Weil Bankruptcy Crown,” leads with: “Another week, another major retail company turns to Weil, Gotshal & Manges to guide it through bankruptcy.” While the firm had a pre-existing relationship with the company, it is undoubtedly Weil's reputation for quality bankruptcy work that won the day.
The other posting also dealt with a firm that had a pre-existing relationship, but the result was entirely different. The Aug. 11 headline for this one read: “Merck Passes Landmark Securities Case from Cravath to Williams & Connolly.” This matter pertains to Vioxx and the case that was first filed in 2003. Cravath was successful at the district court level, but the decision was reversed by the Court of Appeals. Now, months away from arguing the case before the U.S. Supreme Court, Merck has changed firms because of a partner with extensive and successful Supreme Court experience. Sounds again like reputation for quality work was clearly the deciding factor.
Findings, in the Words of the Clients
While the instances cited above are but two examples, the client feedback we have received over the past several years seems to support the notion that quality work is an increasingly important attribute, and now possibly the key attribute, in the selection of outside counsel, especially where the decision makers include members of the General Counsel's office, as is often the case.
Furthermore, when queried about their reasons for judging their relationship with a law firm as highly satisfactory and loyal, most interviewees highlighted commendable performance and/or favorable results that exceeded expectations. The following are but a few examples:
Some may argue that I've included only anecdotes that prove my point. But, as you've noted, many of the comments also mention elements of quality service that helped optimize the relationship, as there is some overlap because, as indicated above, whatever quality work has been performed must be compellingly delivered to clearly evidence its value to the recipient. Nonetheless, in the minds of discerning interviewees, quality service is no longer enough to distinguish a professional services provider. After all, to use an extreme example, it's highly unlikely that a firm will be selected for a bet-the-farm case primarily on the basis of quality service.
Conclusion and Reassessment
For sure, quality service is not unimportant. But over the last decade we've experienced Enron, Tyco and Collateralized Debt Obligations, to mention just a few. And more recently, we've been exposed to the exploits of Marc Drier and Bernie Madoff. While these two gentlemen were ostensibly providing their clients with quality service, the quality work they were performing was aimed at turning many of those clients into victims. As a result, we have hopefully learned to be much more leery of the subjective personal stuff and all that bedside manner. So be continuously mindful that you'll seldom meet an obnoxious con man. “He was always 'Uncle Bernie' to me!”
Accordingly, the need for due diligence has hardly ever been more apparent. And this would include the selection of outside counsel, where the key criteria should necessarily emphasize experience, expertise, excellence and favorable results, as well as integrity and trust, interspersed with at least a modicum of TLC.
Finally, with all the emphasis on quality service over the past two decades, that essential attribute should by now be taken for granted. Unfortunately, that's not the case. It still requires attention and emphasis ' as does quality work. However, for the reasons cited above, quality work appears to have replaced quality service as a distinguishing and most valuable characteristic of a professional services provider.
Addendum
In my “Client Speak” column in the July issue on Alternative Fee Arrangements (“AFA”), I stated in the first paragraph under “Conclusions and Recommendations” that, given certain relationship attributes, “fees will never be a problem.” I have received some criticism of that statement, in part possibly due to the old shibboleth: “Two words you should never use are 'always' and 'never.'” While I generally agree with that, I respectfully stand by the quoted statement from the article as appropriate under the circumstances as described therein.
Donald E. Aronson is the President of D. E Aronson Associates LLC and a member of this newsletter's Board of Editors. Don's firm conducts market research by interviewing executives of professional services firms' key clients with a primary focus on client feedback. Don is located in New York City and can be reached at 212-874-4181 or [email protected]. Copyright ' 2009 by D. E. Aronson Associates LLC.
In the April 1984 issue of The American Lawyer, an Incisive Media sister publication of this newsletter, David Maister authored a groundbreaking article entitled “Quality Work Doesn't Mean Quality Service.” Stressing the professional services provider's need to be “client centered,” Maister contended, “Whether logical or illogical, sensible or not, even the most sophisticated client will ' come to focus more heavily on the quality of service than on the quality of the work.”
Sometime thereafter, in my role as CMO of one of the then-Big 8 accounting firms ' and working with a marketing communications firm ' I commissioned an extensive internal survey as well as a survey of the marketplace to determine, among other things, what it would take to differentiate my firm from the competition. Sure enough, we concluded that technical capability, competency and qualified professional personnel, i.e., the basic ingredients of quality work, were “not leverageable” characteristics. Rather, if we truly wished to appear distinctive, our emphasis in communicating about the firm, and establishing our identity, should focus on the personal elements of the business relationship. In effect, the survey results agreed with Maister.
Accordingly, my firm embarked on a campaign with a most compelling and apt tagline: We take business personally. Based on subsequent awareness surveys, our campaign seemed to work. Moreover, the partners loved it and felt they were living the brand. Since then, many marketing professionals with whom I've spoken have no doubt that quality work, while clearly essential, will not cause a firm to stand out from the competition ' but that quality service will.
Moving Forward, Developing Doubts
It has been 25 years since David Maister's article first appeared. For some time now, I have begun to question his conclusions, as well as my own survey's similar ones. Not that quality service isn't important. But whether there is still the perception, and even the reality, that quality service is more important than quality work in elevating a firm's prominence and its ability to generate business from its targeted marketplace.
Maister started his article with a scenario about you and your auto mechanic. I prefer an analogy using someone from the professions ' your family doctor. Assuming you are not a doctor yourself, how do you determine your doctor's capabilities when asked whether or not you'd recommend him or her to a friend or relative? The two essential attributes that normally form the basis of a recommendation seem to be tender, loving care and bedside manner. Key indicators of quality service, right? But what about the quality of the doctor's work? Well, you're probably in no position to judge that or its importance relative to TLC or BSM.
But what if I were to ask you to objectively assess the attributes of a fellow marketing professional whom you know well? You'd obviously want to know the reasons for my asking, so you could respond accordingly. But, generally, what attributes would come to your mind as being most important? Think about it, and then classify those attributes as either work-related or service-related.
A Defining Moment
It's probably appropriate at this point to briefly define the terms:
Quality Work ' the performance or actual conduct of what has to be accomplished to successfully complete the engagement so as to meet, and preferably exceed, the client's needs and expectations.
Quality Service ' the actual or implied promise and commitment to what is to be accomplished to meet the client's needs and expectations, and the ongoing communication of progress through to the completion of the engagement, and possibly beyond.
In other words, it's how it's done versus how it's delivered, with the added assumption that both are to be carried out highly effectively and most efficiently ' i.e., with quality. Admittedly, as between quality work and quality service, there is some overlap, as will be apparent from the client feedback excerpts included later in this article.
The Present
Over the years, as Maister anticipated, businesses have developed certain in-house capabilities that have provided them with well-informed personnel to interface with third-party providers of relevant services. This has enabled those businesses to deal more effectively with outside vendors. Hence, a situation such as the one you may encounter in assessing your doctor's attributes is no longer comparable to what your law firm will experience in pitching one of its key clients or key prospects. Your firm has to anticipate that it will be interacting with a highly sophisticated and knowledgeable buyer who has a fairly deep understanding of both your firm and the matter(s) your firm will be addressing or has been asked to address.
So, in interacting with these key clients or key prospects, should your firm's representatives emphasize the quality of their service or the quality of their work to make the greatest impression? Obviously both, but which one will have more impact on your firm being successful? Assume the key client or key prospect is important to the firm; assume the personnel your firm is meeting with are important executives and decision makers; assume also that the matter or matters being addressed are of considerable significance both to them and to your firm. It would seem that their focus will be primarily skewed to making certain your firm has an adequate understanding of the issues involved and is highly qualified to perform the work required ' with quality service being of lesser importance.
There is considerable support for such a conclusion. Let me first refer to two recent postings from The Am Law Daily blog on AmericanLawyer.com. The first, dated Aug. 7, 2009, and entitled “Another Jewel in the Weil Bankruptcy Crown,” leads with: “Another week, another major retail company turns to
The other posting also dealt with a firm that had a pre-existing relationship, but the result was entirely different. The Aug. 11 headline for this one read: “Merck Passes Landmark Securities Case from Cravath to
Findings, in the Words of the Clients
While the instances cited above are but two examples, the client feedback we have received over the past several years seems to support the notion that quality work is an increasingly important attribute, and now possibly the key attribute, in the selection of outside counsel, especially where the decision makers include members of the General Counsel's office, as is often the case.
Furthermore, when queried about their reasons for judging their relationship with a law firm as highly satisfactory and loyal, most interviewees highlighted commendable performance and/or favorable results that exceeded expectations. The following are but a few examples:
Some may argue that I've included only anecdotes that prove my point. But, as you've noted, many of the comments also mention elements of quality service that helped optimize the relationship, as there is some overlap because, as indicated above, whatever quality work has been performed must be compellingly delivered to clearly evidence its value to the recipient. Nonetheless, in the minds of discerning interviewees, quality service is no longer enough to distinguish a professional services provider. After all, to use an extreme example, it's highly unlikely that a firm will be selected for a bet-the-farm case primarily on the basis of quality service.
Conclusion and Reassessment
For sure, quality service is not unimportant. But over the last decade we've experienced Enron, Tyco and Collateralized Debt Obligations, to mention just a few. And more recently, we've been exposed to the exploits of Marc Drier and Bernie Madoff. While these two gentlemen were ostensibly providing their clients with quality service, the quality work they were performing was aimed at turning many of those clients into victims. As a result, we have hopefully learned to be much more leery of the subjective personal stuff and all that bedside manner. So be continuously mindful that you'll seldom meet an obnoxious con man. “He was always 'Uncle Bernie' to me!”
Accordingly, the need for due diligence has hardly ever been more apparent. And this would include the selection of outside counsel, where the key criteria should necessarily emphasize experience, expertise, excellence and favorable results, as well as integrity and trust, interspersed with at least a modicum of TLC.
Finally, with all the emphasis on quality service over the past two decades, that essential attribute should by now be taken for granted. Unfortunately, that's not the case. It still requires attention and emphasis ' as does quality work. However, for the reasons cited above, quality work appears to have replaced quality service as a distinguishing and most valuable characteristic of a professional services provider.
Addendum
In my “Client Speak” column in the July issue on Alternative Fee Arrangements (“AFA”), I stated in the first paragraph under “Conclusions and Recommendations” that, given certain relationship attributes, “fees will never be a problem.” I have received some criticism of that statement, in part possibly due to the old shibboleth: “Two words you should never use are 'always' and 'never.'” While I generally agree with that, I respectfully stand by the quoted statement from the article as appropriate under the circumstances as described therein.
Donald E. Aronson is the President of D. E Aronson Associates LLC and a member of this newsletter's Board of Editors. Don's firm conducts market research by interviewing executives of professional services firms' key clients with a primary focus on client feedback. Don is located in
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