The Either / Or Language Gap
Lawyers, like many other professionals, have a language all their own, even when it involves words that may have a seemingly clear meaning. The problem with understanding the message such words convey often involves the unique tensions between practicing law as a business while still observing the ethical requirements of the Rules of Professional Conduct. The end result of similar words and ideas that convey different things doesn't have to be a language gap - so long as the usage is clear. Consider these three either/or examples.
Marketing and Selling. Both concepts relate to the necessity of getting work for the lawyer and the firm. Marketing, however, is a more passive concept in that it is informational. In marketing you are putting out information about what you do - whether through advertising, a website, a blog, a bylined article, or any other communication modality - so that a potential user of your services knows you exist. Selling is the more assertive next step in which you use the information you provide and move a prospect to action ... the action of hiring you to represent them. Marketing ideally is the prerequisite of selling; but selling is the real payoff.
Fees and Expenses. There are typically two components of legal service costs: fees and expenses. Fees, typically expressed as an hourly rate, get the most attention, and often the most outrage. Much has been written, for example, about the $1,000 per hour legal fee as a symbol for professional "greed." But the Rules of Professional Conduct state only that fees need be "reasonable" in terms of the service provided; a $1,000/hour fee may be perfectly reasonable for a complex or high-stakes matter. Expenses have no such requirement, but definitely are subject to client perceptions of what is reasonable. First class airfare, photocopying or fax charges, stays at expensive hotels may be costs of business, but not ones that clients want to pay.
Cost and Worth. Both fees and expenses together define the cost of legal services. Worth is something quite different, and goes to the heart of client perceptions of value received. The seller of any service must understand costs, set profit targets and gauge market demand. Demonstrating the worth generally involves ethical questions of professional conduct. Is the amount of the fee proportional to the value of the services performed? Do the lawyer's skill and experience justify the fee? Does the client understand the amount and nature of the fee and consent to it? The way that these questions are answered defines whether clients will see you as valuable, or expensive.
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