Lawyers and managers view the business world through different lenses, and each side is partial to its own view.  In The Clash of Cultures (1985), Joseph A. Raelin attributes these differences to a unique set of educational backgrounds, work habits, and professional social cultures.  For the legal profession, these differences have sadly evolved into caricatures and lawyer jokes that have earned the profession an unflattering stereotype.

     I’ll be the first to admit that I’ve met lawyers I don’t care for.  Every industry and profession has its share of opportunistic rogues, and the legal profession is no exception.  But, it’s sad that an unscrupulous few can taint the rest.  Sadder still is when the malignancy metastasizes into stereotyping and causes managers to shun legal advice until the business situation has gotten too hot to handle.

     A lawyer’s legal senses are sharpened and honed in law school through the rigorous study of appellate case law.  The intense desire to win in court activates the desire to build an airtight case that then manifests itself into an “I know better than you” kind of arrogance that says “NO” to any proposed activity not alighted with the winning agenda.  Sadly, law schools’ laser-like focus on appellate cases and the study of rules of civil and criminal procedure, as well as the rules of evidence, puts litigation on a pedestal and leaves little room for the client’s business perspective and the role of preventive law.

     Managers and executives are wired differently.  Business schools instill the virtues of calculated risk taking.  That’s all dandy.  But to make an informed decision about legal risk requires management to have enough legal literacy to recognize it and understand how it relates to their business — and that’s where most business schools fall short.  Of the top U.S. business schools, the Wharton School of Business at the University of Pennsylvannia is the only program that includes law as one of its five required core disciplines.  Other schools may offer business law in the form of an occasional elective, but the trend post-Enron is to focus on ethics instead of law.

     We can’t change the way we’ve been hardwired, but we can modify our circuitry with new learning that adds circuit breakers and surge protection to keep relationships from overheating.  Better understanding builds bridges between the disciplines of business and law and leads to respect.  Respect fosters trust and trust opens the door to terrific relationships.

     The attorney-client relationship is exactly that: a relationship.  I sometimes get asked by law firms what they can do to improve the relationship and I never have to think twice about the answer: communicate better.  Not necessarily more, just better.

     Let me give you an example.  How would you like to find out that your law firm has assigned a new senior partner to your cases without telling?  His billing rate is higher than anyone else’s previously on the team and no one has bothered to explain why the change was necessary.  Actually, you find out about the change from the billing department looking to authorize a new timekeeper, not from any of the lawyers managing your cases.  Would this make you happy?

     Let’s face it, it’s a poor way to manage client expectations.  It’s the equivalent of someone giving you a different product and charging more all because they think it’s good for you.  If law firms want to be a client’s legal sounding board and a true part of the team they need to focus on more than stellar credentials and meticulous legal analysis.  They need to focus on all aspects of their “service,” including the business side of the equation.  They need to examine the relationship from the client’s perspective.

     It’s bad enough when in-house counsel have to deal with such billing blunders.  We’re lawyers.  But when managers have to deal with them, such a faux pas fuels negative stereotypes that hurts us all.

     If there’s a compelling reason to adjust case staffing and add a seasoned heavy weight, fine.  But please pick-up the phone and tell me why.  Show me the value.

     [On Wednesday: Why there's a culture clash between lawyers and clients and what to do about it. ]