Since 2008, as a result of the Great Recession and the ACC Value Challenge, the legal industry has been focused as never before on one single—but not simple—concept: value. Yet, the legal industry has been perplexed by this challenging concept, with few resources to help advance the profession’s understanding. Until now.
THE VALUE BIKE™
It has been nearly 200 years since Karol von Drais obtained a German patent for his two-wheeled invention, the Laufmaschine (“running machine”), often considered the forerunner of the modern bicycle. In fact, today’s upright bicycle—the world’s leading vehicle—bears a remarkable likeness to its centuries-old predecessor.
The basic framework is easily identifiable: a front and rear wheel, each connected by a tube to the frame, which comprises three tubes. Add handlebars, seat and kickstand, and the familiar bike is assembled and ready to ride.
Adapting this framework to the legal industry, the Value Bike™ typogram illustrates the dozen-plus interconnected components that comprise a lawyer’s value. Each component plays a role in helping a lawyer to attract, maintain, and grow client relationships.
The core of the Value Bike™ is its frame. The frame represents the lawyer and what s/he offers to the marketplace. Each lawyer’s ultimate worth to the market is his or her Value–the top of the frame–which is supported by Differentiation and Branding, the keys to defining lawyer value.
The two wheels represent the foundation of the lawyer-client dynamic. The back wheel, which has all the energy to propel the bike forward, is the Relationship. The front wheel, which controls steering, is the Work Product.
The many spokes of a wheel help support and maintain the wheel’s operation. Spokes of the Work Product wheel include Client Budget, Outside Counsel Guidelines, Client Deadlines, Matter Outcome, Matter Expertise, and Time and Billing. Spokes of the Relationship wheel include Understand Business, Anticipate Need, Legal Education, Client Feedback, and Trusted Advisor.
Work Product
Relationship
The critical link of a bicycle is the wheel tube. Regardless of the frame’s quality, the bicycle cannot perform without its wheels, which are dependent on the wheel tubes to facilitate the connection. The Work Product wheel is connected to the frame by client Expectations. The Relationship wheel is connected to the frame by Communication.
Note the proximity of the wheel tubes with the frame tubes. It is no coincidence that Expectations – Differentiation and Communication – Branding are connected. These dynamic pairs are intertwined: the differentiation the lawyer promotes adds to the client’s expectations, and the branding effort only succeeds with the right communication.
The handlebar represent the client: in charge, directing Work Product via Expectations. In contrast, the lawyer is on the Attorney Seat, putting forth the effort to pedal the bike, with energy directed into the Relationship and going wherever the client steers.
Among the smallest parts, the kickstand plays a significant role on the Value Bike™. It represents the Marketplace, where competition tries to gain the attention of clients when the wheels stop spinning. Like the kickstand, the marketplace is not relevant when the wheels are working, but is a critical factor when the wheels stop spinning. For example, a flat tire—no work or no relationship—allows clients to survey the market. No matter how strong the good tire is, a flat stops the whole bike.
The Value Bike™ is now ready for assembly.
The first component a lawyer must assemble is the frame. The lawyer, as seller, must persuade a buyer that he or she is worth a certain value. The lawyer relies on Branding and Differentiation to sell services, and will promote Value with value propositions. With the core of the bike assembled, a lawyer next focuses on Relationship.
In the case of a prospect, the lawyer is putting all of his or her effort into the rear wheel, as there is no work from a prospect, essentially effecting a ‘wheelie.’ With only one wheel on the ground, it is easy to understand the uncertainty and fragility of a prospect relationship. Not until the front wheel hits the ground (upon receipt of an engagement letter) is the relationship stable.
In working with clients, lawyers tend to focus on the work: Work Product. That is a lawyer’s comfort zone, and that is where the client’s Expectations lie. Such a focus ignores the equally critical Relationship wheel, however, and leads to instability.
In addition, the dynamics of riding a bike are important to bear in mind. Like riding a bike, a good deal of effort is required to get the bike started. Once the ride commences, the effort is reduced to regular input of energy. It still requires effort, especially if Expectations are high; however, sometimes the pedaler may find an opportunity to coast. Just remember: if you coast long enough, the bike eventually comes to a stop, and that brings out the kickstand. Also, even if the ride is going well, the client can apply the brake to survey the marketplace (e.g., a competitor’s promotion).
RIDING THE WRONG BIKE?
Just as the modern bicycle evolved from von Drais’ “dandy horse,” the legal industry has gone through its own evolution: for example, from apprenticeship to law school, and from partnerships to corporations.
Over the centuries, lawyers have adopted value models that closely approximate three unique bicycle models:
Tricycle. The most well-known model is the tricycle. Lawyers tend to put their emphasis (i.e., pedaling) on Work Product, which enlarges the front wheel at the expense of a shrinking Relationship. Even worse, lawyers have a tendency to bifurcate their Relationship: the smaller wheels represent minimal investment in client development and prospect development. The result is a vehicle that is not as quick or as nimble as a bicycle.
Penny-Farthing. Too often, lawyers try to ride the old-fashioned, ‘Hi-wheel’ bicycle popular in the late Victorian era. They put most of their emphasis (i.e., pedaling) on Work Product, which enlarges the front wheel at the expense of a shrinking back wheel. The tall front wheel makes mounting rather difficult and falling rather painful. Without a comparable Relationship wheel, the penny-farthing model doesn’t offer a balanced approach, to bike riding or to value. There is a reason this model died out more than a century ago.
Unicycle. The least-effective model is the unicycle. Too often lawyers think of Relationship and Work Product as two separate activities (i.e., wheels), riding only one wheel at a time. Without a value frame and second wheel, the lawyer’s effort is very inefficient and very unstable. For example, if a lawyer decides to focus on Work Product alone, Expectations not only serve as the only connector between lawyer and client, they also become the full support of the engagement. More importantly, legal work becomes a “pay for services” offering without any connection to value.
From these failed examples, it is clear that a successful model is a bicycle with two equal wheels supporting a strong frame. For lawyers, this requires equal effort in Work Product and Relationship, along with strong Branding and Differentiation. The right bicycle model for lawyers is the Value Bike™.
FIRM VALUE
As lawyers strive to understand the Value Bike™ framework and to improve their cycling performance, they should understand that, like road bicycle racing, value is a team sport. All lawyers are tied—at least in part—to their firms’ marketing efforts. Therefore, a firm should utilize the V=B-C formula to understand its own value. A firmwide value initiative would help pave the road ahead of its lawyers, providing a smooth pathway for the swoop of bicycles serving clients and seeking prospects.