March 11, 2026

Are You Working In Your Business or On It? With Ben Gideon and Jeff Wright

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Live from Portland, Maine, it’s Ben Gideon and Jeff Wright, the team from Gideon Asen taping a special edition of “Elawvate: Build and Grow Your Law Firm.” Ben and Jeff walk through 10 proven strategies for building a financially successful law firm, covering everything from dominating a niche and making data-driven decisions to scaling without losing your culture and building systems designed for the law firm of the future. They also take audience questions. If you’ve had a question about being a law firm entrepreneur, tune in; someone else may have wondered the same thing – and Ben and Jeff may have answered it on the air.

Learn More and Connect

☑️ Ben Gideon | LinkedIn | Facebook | Instagram

☑️ Jeff Wright

☑️ Gideon Asen on LinkedIn | Facebook | YouTube | Instagram

☑️ Rahul Ravipudi | LinkedIn | Instagram

☑️ Panish Shea Ravipudi LLP on LinkedIn | Facebook | YouTube | Instagram

☑️ Subscribe: Apple Podcasts | Spotify

Produced and Powered by LawPods

Sponsored by SmartAdvocate, Hype Legal, Expert Institute, Filevine, and Steno.

Speaker:

Welcome to Elawvate, the

podcast where trial lawyers,

 

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Ben Gideon and Rahul Ravaputi talk

about the real issues that come with the

 

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fight for justice. So let's

find inspiration in the wins.

 

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Let's learn from the

losses. But most of all,

 

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let's keep learning and getting better

and keep getting back in the ring.

 

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Are you ready to elevate your own

trial practice, law firm, and life?

 

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Let's get started. Produced

and powered by LawPods.

 

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Hey, it's Ben.

 

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Rahul and I started this podcast because

we love hanging out with fellow trial

 

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lawyers and sharing ideas

that can make us all better.

 

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And both of our firms also regularly

collaborate with other lawyers across the

 

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countries in cases where we can add value.

 

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If you're interested in collaboration or

even if you just have a case or an idea

 

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that you want to bounce

off us or brainstorm,

 

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Rahul and I are going to be hosting

confidential case workshops the

 

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first Wednesday of each

month. So here's how it works.

 

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If you have a case or an idea that you

want to talk about or brainstorm with us,

 

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just send me an email to ben@elawvate.net,

 

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E-L-A-W-V-A-T-E. Net,

 

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or go online to elevate.net and

submit a case workshop request.

 

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We will schedule you for a confidential

30-minute Zoom meeting where we can talk

 

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about your case to see if we can help.

If you feel like there would be good

 

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value in collaborating on the case

further, we can talk about that. If not,

 

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that's okay too.

 

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We enjoy helping other trial

lawyers because we know

someday you'd be willing to

 

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do the same for us if we

needed your help. So again,

 

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if you're interested in

workshopping your case with us,

 

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just send an email to ben@elawvate.net

or fill out a case workshop request at

 

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elawvate.net, and Rahul and I will

look forward to chatting with you soon.

 

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Today's episode of the Elawvate

Podcast is brought to you by Filevine.

 

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Filevine has a software

program called Lead Docket,

 

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which is the gold standard for managing

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So check them out at Filevine

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Rahul, you guys work with Steno.

 

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Steno is the best in

court reporting services,

 

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not just in court reporting services,

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We're talking about AI a little bit

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Genius, where they can summarize and

take interrogatories based on deposition

 

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transcripts is so useful. If you

haven't tried it, definitely try it.

 

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Now we're brought to you by Hype Legal.

 

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Hype Legal does digital marketing

web development for trial

 

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firms. It's owned by our good

friends, Micah and Tyler.

 

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They recently redeveloped our firm's

website, so you can check our website out.

 

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If you like it, give them a call and

they can help you out too. And finally,

 

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we're brought to you by Expert Institute.

Rahul, you guys work with them, right?

 

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We both use Expert Institute because you

always need to be cutting edge in the

 

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experts that we use in our cases.

 

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Going to the repeat experts every single

time is going to make you a lesser

 

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lawyer and you always want to keep up and

the best way to do that is with Expert

 

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Institute.

 

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For more than four years, you've helped

us elevate the practice of law. Now,

 

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we're ready to take on

the business of law.

 

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Say hello to the new podcast

from the Elawvate team,

 

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build and grow your law firm.

Enjoy this special preview episode.

 

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It's like Rachel was

saying, thank you very much.

 

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This is the first time they're doing it,

first time we're doing a live podcast,

 

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so keep your fingers

crossed and we're excited.

 

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So welcome to a live

taping of the Elawvate:

 

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Build and Grow Your Law Firm podcast.

 

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We're coming to you from the

Main State Bar Association,

 

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winter bar conference and the fantastic

Western Portland Harborview in

 

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Portland, Maine. I'm Jeff Wright,

Chief Operating Officer at Gideon Asen,

 

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and I'm here with Ben Gideon, owner,

partner, founder of Gideon Asen.

 

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How's it going today, Ben?

 

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It's going well, Jeff. Are you nervous?

 

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You were commenting that the lights are

awfully bright and I know you're now

 

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entering the big time here.

 

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Yeah, big time. It's one way to put it.

 

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I would like to.

 

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Point out-.

 

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Jeff has humble roots.

 

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Yeah. I'd like to point out that Ben

said we were dressing down today.

 

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And so I wore jeans and a pullover

and Ben showed up in what looks like

 

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a brand new suit. So

apologies for my appearance.

 

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I was duped.

 

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This is a common theme in our

business. But as I pointed out,

 

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since you're not a lawyer, you

don't really need to wear a suit.

 

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You're not expected to wear a suit. I.

 

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Do love how you point out how I'm not

a lawyer all the time, but that's okay.

 

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I consider that an advantage.

It is, but we won't go there.

 

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Before we get started, we've

had a busy couple weeks,

 

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so I don't know if you want to kind of

talk about what we've been doing as a

 

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firm and then we can introduce for sure.

 

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Yeah, sure.

 

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So we just got back from our leadership

retreat three days out in Denver,

 

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Colorado,

 

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where the leadership team

focuses on our goals,

 

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what we've achieved for the past year,

 

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and then what our plan is for the

future year. Very productive meeting.

 

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I think we identified some important

goals and keeping our progress

 

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moving towards our four-year

vision. What did you think?

 

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Yeah, I thought it was very

productive out in Denver.

 

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And then one of the things, and we'll

talk about it later, is at the firm,

 

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we try and have as much transparency

as possible with the entire team.

 

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So a week after we got back from our

senior management retreat in Denver,

 

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we had an all day offsite retreat

for all staff and covered our

 

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strategic plan, our goals,

 

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our plans for not only

first quarter of 26,

 

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but for the year up through our

strategic plan ended at the end of

 

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2028. It's nice. It's

been a busy couple weeks.

 

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I think you left out that you were

skiing in Austria before that.

 

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I was, but that doesn't have

anything to do with our business.

 

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No, it doesn't.

 

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No, we did manage to get to a rodeo

in Denver, which was interesting.

 

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I don't know if anyone here has

been to the rodeo in the West,

 

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but they have something called

Mutton Buston. Anyone aware of that?

 

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It's where they take little kids and

they put hockey helmets on them and put

 

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them on sheep, and then they go in

like ... It's like a bucking Bronco,

 

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but for infants and children.

It seems like child abuse to me,

 

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but they love it out there. We're going

to introduce that in Maine, I think.

 

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All right, let's move into the

substance of the program here.

 

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All right. So we have a

pretty truncated timeframe.

 

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So we have 10 topics we want to

get through in less than an hour.

 

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Each one of these topics would

be a full hour unto themselves.

 

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So we're going to be as quick and

concise as possible. As Rachel said,

 

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this program today is the top 10

proven strategies every lawyer,

 

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entrepreneur needs to know to build

a financially successful law firm.

 

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At the end of this,

 

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they have allotted us time when we're

done with the podcast to do a Q&A.

 

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So I would welcome anyone that

has a question or anything or

 

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needs more clarity on

something at the end.

 

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We will do a Q&A if anyone's interested.

 

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I know it's the last session of the day

and most people will be running for the

 

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Hills, but we are available.

 

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Yeah, you can come up and sit at the table

with a mic and you can join us on the

 

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podcast and introduce yourselves.

 

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And if you have a question or want to

take issue with anything we've said or any

 

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discussion point, we're happy

to do that at the end. So Jeff,

 

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I thought before we covered the topics,

 

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can you just give us maybe the 30 second

summary of where we are as a firm so

 

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people will understand the context from

which we're discussing the points we're

 

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talking about today?

 

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For those of you not

familiar with Gideon Asen,

 

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I'm going to give you kind of the Reader's

Digest version and paint a picture on

 

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what makes these guys think they can

get up here and give their opinions and

 

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advice on what makes a financially

viable, successful firm.

 

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So Gideon Asen, as most of you know,

 

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is a plaintiff firm focused on

complex medical malpractice and

 

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catastrophic personal injury.

 

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The firm was started in 2020

by Ben Gideon and Taylor Asen,

 

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the other founder partner. And really

it started in 2020 with three of them.

 

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Since 2020,

 

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the firm has grown not only in staffing,

 

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but also in revenue where

the firm from 2020 to

 

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2024 added more than a million dollars

in revenue every year in existence.

 

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At the end of 2024,

 

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Ben and the leadership team

met and they said, "Well, geez,

 

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we've met all our goals from what we

wanted to do to start the firm." And

 

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somebody said,

 

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"So what's next?" And so the team

took that to heart and wrote a very

 

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detailed four year strategic plan.

And one of the first things on that

 

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plan was to bring in a

chief operating officer,

 

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preferably a chief operating officer

that did not have a legal background that

 

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could look at a firm from a business

standpoint and not through the eyes of an

 

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attorney that chief operating

officer happens to be me.

 

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And I started in- The.

 

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Jury's still out. The.

 

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Jury's still out. I

started in January of 2025,

 

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so I've been there roughly, well, a

little over 12 months now. In 2025,

 

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which we just ended,

 

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we were able to increase

our revenue by 100%

 

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and we've increased our staffing by 50%.

 

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We've gone from 12 full-time employees

to 18, and our revenue doubled this year.

 

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Coming off of our strategic plan,

 

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we plan on adding two or three

more positions this year,

 

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and we are projected based upon our

pipeline and everything to double our

 

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revenue again in 2026.

 

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So we want to talk about some of the

strategies that we've implemented and that

 

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we think firms that are

looking to grow and expand

 

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and/or people that are looking to start

their own firms could have some benefit

 

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from. All.

 

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Right. Let's jump into it.

 

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All right. So number one,

 

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everyone should have a handout

on their tables if you don't.

 

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We do have more back there.

And the first one, Ben,

 

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I guess my first question, Ben,

 

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is how did you come up with these 10

things and kind of the title of this

 

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program?

 

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The 10 items here are all ...

 

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So my process in trying to understand

how to build and grow a law

 

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firm,

 

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I started probably like many of you

as a lawyer only. For many years,

 

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I had a job at a firm and I practiced

law. That was my primary work.

 

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And I didn't really spend a lot of time

focused on learning much about running a

 

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business or running a law firm.

When we started our business,

 

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I've invested a lot of

time and I've become very

interested in the topics of the

 

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business issues relating to

building and growing a firm.

 

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And part of that has been reading.

So I've read a lot of books.

 

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I listened to podcasts,

 

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but some of the books that were most

informative and influential for me are

 

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listed here under each topic.

 

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And my process is I'll read one

of these books and as I do it,

 

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I take notes and then I

consolidate those down. And then

 

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over time, I've moved those

into different categories.

 

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And so that's sort of how

the 10 categories came to be.

 

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It's a distillation of my learning,

I would say both from my reading,

 

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but also from our own experiences

that we've gone through,

 

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mostly learning by trial and error,

making many mistakes, fixing problems,

 

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and coming to understandings

about different things.

 

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Well, kicking into number one,

 

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the crux of your thing there

is being a great lawyer doesn't

 

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necessarily translate to being a great

owner of your own firm. And I guess,

 

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why do you feel that way and why

do you use the word entrepreneur

 

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kind of in the title of this,

which I think is important?

 

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Yeah. I mean, this is something that

took me a little bit of time to come to.

 

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I don't know. Has anyone here read

Michael Gerber's book, The E-Myth?

 

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The central concept of the book is that

you can either work in a business or you

 

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can work on a business. If

you're working in a business,

 

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you're doing the tasks that are necessary

to make that business successful.

 

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So as lawyers,

 

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typically what we're doing every day

is legal work and practicing law and

 

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serving our clients. That's

great. I did that for a long time.

 

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I got a lot of joy and satisfaction out

of it, and I still do to some extent.

 

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If you want to build a business though,

 

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you can't just work in your business.

You have to work on your business,

 

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and that's a different skillset

that involves ... In fact,

 

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it means you have to give up a fair

amount of the day-to-day legal work and

 

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focus on the business issues relating

to building and growing the business,

 

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which we'll get into. So it's sort of

that core insight that to some extent

 

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by training yourself to focus

only on doing legal work,

 

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you're not in a great

mindset to build a business.

 

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We have a whole episode just on this

topic, and it can consume an hour or more,

 

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but I do distinguish between ...

 

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There are many lawyers who

very successfully translate

their legal skills to

 

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a very successful practice,

 

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building a solo or a small practice

with a couple of lawyers and a

 

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few staff. That's not what I mean.

 

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I think that that's very doable even

if you're not really focused on the

 

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issues relating to business

development and scaling.

 

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When I'm talking about

building a business,

 

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and that's why the word

entrepreneurial is important to me,

 

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I'm talking about building

an entrepreneurial business

that's designed for

 

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growth, because those are

two very different things.

 

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Having a platform where you're

just using a business as a

 

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foundation to sell your

own personal services,

 

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that's not what I mean

by growing a business,

 

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because there's very limited business

related skillsets you need to do to

 

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accomplish that successfully.

And I don't mean to minimize that.

 

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I think that can be a very

successful career and practice,

 

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and many people do very well

like that, and that's fine.

 

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There's no reason you need to change.

 

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But the goal, if somebody wants

to build and scale a business ...

 

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Right. And I guess I would ask you, Jeff,

 

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since you've been here a year now and

you came in midstream from a different

 

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sector, brand new to the legal business,

 

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how do you see your role and

your past experience in business

 

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integrating into a legal setting?

 

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I was surprised though-.

 

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You should tell people what you used

to do before this, just so they know.

 

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Well, again, probably going

to hold it against me.

 

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I was a banker for 25 years.

 

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We like bankers.

 

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You like bank? You figured

that? It's the way ... Oh, geez.

 

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I've tried to shed the look. So

I was in banking for 25 years,

 

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kind of climbed the ladder on my last

role as a chief operating officer of a

 

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billion dollar bank. And long story short,

 

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I got sick of banking and wanted to

change, but thought my operational skills,

 

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my project management skills and

everything were translatable to another

 

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business. Didn't know what business

it was. Saw the opportunity.

 

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A recruiter reached out to me at Gideon

Asen and I was trepidatious because I'm

 

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like, "Okay, it's a plaintiff firm. What

does that mean?" I was literally like,

 

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"How does that differ from a

defendant's firm or what do they do?

 

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" And it's personal injury. And I'm like,

 

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"How is it going to translate and do they

really want to know an attorney?" And

 

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I think this might sound arrogant,

 

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but I think it's probably one of the

better decisions they made is to bring in

 

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somebody that knew nothing about

the legal world because I look at

 

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everything through a completely

different set of eyes and the

 

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skills are very translatable to

building and scaling a business

 

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and working with business owners

over the last two decades,

 

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it doesn't matter whether it's an

attorney or whether it's somebody

 

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starting a car wash business.

The scale and the

 

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concerns that every small business

owner has are translatable.

 

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And Ben had said to me during

the interview process, he said,

 

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"Most law firms are run by attorneys

and they run like law firms, Jeff.

 

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They don't run like businesses.

 

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We need to translate this into

running like a business.".

 

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Does that mean growth?

 

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Is that what we're talking

about here's nothing but growth?

 

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We're supposed to repeat the questions

because they won't pick up on the mic.

 

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So the question from the audience

is, does that mean growth? Jeff,

 

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why don't you take that?

 

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I don't know if it necessarily means

growth. I mean, I think first of all,

 

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you have to look how the business is run,

 

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whether your ultimate goal

is going to be growth.

 

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One of the first things we worked

on was the firm's mission and

 

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the firm's culture. What type

of firm do we want to be?

 

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What do we want our attorneys

and our staff to represent?

 

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How do we want our day-to-day to be there?

 

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And once we kind of solidified the

culture that we wanted and the core

 

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values,

 

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that has really translated into

virtually every decision we've made.

 

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Every hiring decision, yes,

we look at resumes, yes,

 

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we look at experience and everything

else, but it comes back to,

 

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do they fit the firm's culture? Do

they fit the firm's core values?

 

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So I think it's a lot more than

profits and scaling and growth.

 

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It's what do you want your

business to represent?

 

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And to Ben's point at the beginning,

if you want your business to be,

 

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you're a sole practitioner and

you're not looking to scale,

 

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you're looking to just provide good

services under your own umbrella,

 

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great. But what do you want those services

to be? What's your niche going to be?

 

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Are you going to try and go head to

head with a Goodwin Proctor as a sole

 

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practitioner? You're probably going

to lose. So what's your niche?

 

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What's your value that you're

going to add to those clients?

 

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And to be able to make those

decisions and look at them internally,

 

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long answer to your question, I

apologize. It's more than profits.

 

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It's more than scaling.

 

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It's developing the

business that you want.

 

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To be in every day. You

moved into topic eight,

 

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hiring for values and

reinforcing the culture.

 

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So I think we should cover that because

we're going to run out of time to cover

 

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everything. But so I would say, first of

all, we have to be practical about it.

 

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You have to get to a certain size and

scale and revenue before you can afford to

 

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hire somebody full-time as a chief

operating officer that's not available to

 

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everybody.

 

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And I don't recommend that if you're a

one or two lawyer firm with a couple of

 

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staff. But what happened

for us was we got to ...

 

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When you start an entrepreneurial

endeavor, at the beginning,

 

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you're doing everything, you're wearing

all the hats. And that's my partner,

 

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Taylor and I were doing that

initially. We were doing the finance,

 

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we were doing the HR, we were

doing the legal services,

 

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we were doing the marketing,

 

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all of it.

And what we found as we grew over time was

 

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we weren't capable of doing all of those

things and at least we're doing them

 

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very well.

 

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And so there got to be a point where

our highest and best use was no longer,

 

Speaker:

for example, doing HR. What

happens is, and I think,

 

Speaker:

and this goes to the core values

point in topic eight and the culture,

 

Speaker:

we kept running into growth

problems and ceilings in our

 

Speaker:

business because of internal

conflict and culture.

 

Speaker:

We would have staff that were not fully

bought into our mission in certain ways.

 

Speaker:

There was internal conflict

at times between staff.

 

Speaker:

It made for a difficult environment.

 

Speaker:

My partner and I would then get into

policing internal disputes where someone

 

Speaker:

would come to me with a criticism or

complaint and then they would go to my

 

Speaker:

partner and there would be ...

 

Speaker:

So just got to be that navigating

the people part of the business

 

Speaker:

became emotionally draining

and distracting and

 

Speaker:

having us, once we got to

a certain scale of people,

 

Speaker:

more than a dozen employees,

 

Speaker:

that became an overwhelming problem and

one that was distracting us from our

 

Speaker:

mission.

So hiring Jeff allowed us to offload that.

 

Speaker:

I think the thing that Jeff brings to

our organization more than any other

 

Speaker:

single value is that

he's extremely good at

 

Speaker:

interpersonal relationships and

making everyone on our team feel

 

Speaker:

100% supported and valued and

bringing out the best in everyone.

 

Speaker:

And since Jeff has come,

 

Speaker:

we've had some people that didn't

fit into our culture that left

 

Speaker:

and had to leave and we've hired many

new people and we've been very careful

 

Speaker:

about vetting people to make sure they

are a good cultural fit so we don't go

 

Speaker:

back to a world where we

have internal conflict.

 

Speaker:

But I think anybody who runs a business

would probably agree that the people

 

Speaker:

part of the business is the hardest part.

 

Speaker:

And particularly when you're

dealing with law firms,

 

Speaker:

because lawyers tend to

have very big egos and Well,

 

Speaker:

not present company, but ... Yeah, no,

 

Speaker:

I mean the reality is

law firms generally ...

 

Speaker:

And I started my career at

a big firm in New York City,

 

Speaker:

then I was at a relatively good sized

firm in Maine and then started my own

 

Speaker:

firm. So I've seen it

at all different levels.

 

Speaker:

Law firms tend to have a model

where there's two sets of rules,

 

Speaker:

one that lawyers get to play by and then

one that everybody else gets to play

 

Speaker:

by. Of course, the staff

sees that right away,

 

Speaker:

that they have to follow the

rules, but the lawyers don't.

 

Speaker:

And that already creates a toxic internal

culture, if you ask me. Secondly,

 

Speaker:

you then tolerate people because let's

say they're good rainmakers or they're

 

Speaker:

very exceptional at their

craft of practicing law,

 

Speaker:

but they're like frankly assholes or

they treat the staff poorly or they don't

 

Speaker:

represent your firm to the external

world in a positive way that you want,

 

Speaker:

but they're generating a lot of revenue.

And most firms tolerate that because

 

Speaker:

the bottom line is revenue. If you

value culture, you don't tolerate that.

 

Speaker:

And I should say, one of our core

values, and we talk about core values,

 

Speaker:

is one of our things here is making

decisions based on science and data,

 

Speaker:

not fear or ego.

 

Speaker:

And we have incorporated science

and data into our hiring process.

 

Speaker:

When we hired Jeff,

 

Speaker:

every candidate for his position

took a psychological test.

 

Speaker:

All of our leadership

team took that same test.

 

Speaker:

It was extremely valuable in identifying

characteristics of people that you

 

Speaker:

might want or not want.

 

Speaker:

And it's surprisingly difficult to

ascertain that through just like a

 

Speaker:

typical interview process.

 

Speaker:

We've now created a tailored

psychological profile

 

Speaker:

for a trial lawyer that we had the

company make just for us that we are

 

Speaker:

now able to use to get science and data

before we hire a lawyer for our firm.

 

Speaker:

And if anyone's looking

for a job, we're hiring,

 

Speaker:

but you have to pass the

psychological test first,

 

Speaker:

which means you can deal with Jeff mostly.

 

Speaker:

So you want to move on

to another topic here?

 

Speaker:

Yeah, we're all over

the map, but it's good.

 

Speaker:

Well, we covered topic eight now. All.

 

Speaker:

Right. So we've done one and eight,

so we only got eight more. It's good.

 

Speaker:

That's exactly how I knew

this would go. Number two,

 

Speaker:

treat business decisions with the

same rigor as legal decisions.

 

Speaker:

What do you mean by that?

 

Speaker:

This one's very simple,

 

Speaker:

and I think it's something that gives

me confidence in building a business

 

Speaker:

because as lawyers,

 

Speaker:

we're all really good at doing

analytical work and problem

 

Speaker:

solving. After all, that's what

we're there for, right? Clients,

 

Speaker:

whatever they're transactional,

commercial, criminal defense, whatever,

 

Speaker:

somebody comes to you for a problem, you

help them solve it. And fundamentally,

 

Speaker:

that's all running of businesses.

It's a different set of problems,

 

Speaker:

but the issue is that I

found is that as lawyers,

 

Speaker:

we employ a lot of rigor when it comes

to solving the problems for our clients

 

Speaker:

in the legal setting,

 

Speaker:

but then when it comes to running the

business part of what we're doing,

 

Speaker:

we don't employ the same amount of rigor.

 

Speaker:

So we've tried to impose those kind

of systems of rigor onto our business

 

Speaker:

decision part of the business in addition

to the trial part. It's been really

 

Speaker:

great because that's what I'm used

to anyway. For every case I do,

 

Speaker:

I impose that kind of rigor.

 

Speaker:

So it's very natural to do

it in the business setting.

 

Speaker:

And some examples of that are,

 

Speaker:

there've been a lot of really

bad decisions we've almost made.

 

Speaker:

Yes.

 

Speaker:

We've made some really bad decisions.

We've made some really bad decisions,

 

Speaker:

but we've also avoided making some

because we have a system for decision

 

Speaker:

making, which involves multiple

people that all have strong

 

Speaker:

personalities and points

of view that weigh in.

 

Speaker:

So there's a vetting process

where if Ben has an idea,

 

Speaker:

it doesn't within 24 hours

translate into execution.

 

Speaker:

There's a process that's

discussed, vetted,

 

Speaker:

and then decided upon by smart people

that are all willing to speak their mind.

 

Speaker:

Part of that is having people that

are willing to speak their mind.

 

Speaker:

So one of our values is truth and

communication, openness and transparency.

 

Speaker:

As Jeff said, I come up with a terrible

idea. Hopefully Jeff will tell me, Ben,

 

Speaker:

that's a really bad idea. And that has

led to a lot of near misses, I would say,

 

Speaker:

where we were about to buy very expensive

buildings or hire people that we

 

Speaker:

shouldn't have hired,

 

Speaker:

or you can go down the list of things

where we almost made bad decisions.

 

Speaker:

That more or less covers that topic.

I mean, the books that I cite there,

 

Speaker:

Ray Dalio Principles,

 

Speaker:

great book that talks a lot about this

and the need to confront reality where it

 

Speaker:

is, to be very honest about the reality

that you're dealing with and not

 

Speaker:

characterize the reality in

the way that you want it to be.

 

Speaker:

You have to deal with reality

as it is. Second book there,

 

Speaker:

the Daniel Kahneman book,

Thinking Fast and Slow,

 

Speaker:

that's all about cognitive bias.

And we all make so many decisions,

 

Speaker:

not even aware of it

based on cognitive bias,

 

Speaker:

whether it's group think

because everybody's thinking

the same thing and you're

 

Speaker:

not having a contrary position

or a bias towards a risk aversion

 

Speaker:

or the bias towards sunk cost fallacy

where you started down a path and you

 

Speaker:

continue down the path because you've

already invested in it without realizing

 

Speaker:

you're just putting good money after bad.

So many things like that that affect

 

Speaker:

decision making have to be avoided

to make the best decisions.

 

Speaker:

So do you want to add to a

topic two about decision making?

 

Speaker:

No, just, I mean,

 

Speaker:

there's a great quote that I try and

abide by when it comes to decision making.

 

Speaker:

John Wooden, the legendary

basketball coach at UCLA said,

 

Speaker:

"Be quick,

 

Speaker:

but don't hurry." There's a lot of

truth to that where you have so many

 

Speaker:

decisions every day,

 

Speaker:

whether you're trying a case or

whether you're running your business,

 

Speaker:

that you need to be decisive

and you need to be focused,

 

Speaker:

but be quick,

 

Speaker:

but don't hurry because hurried

decisions usually lead to bad decisions.

 

Speaker:

We try and avoid that wherever we

can and we put things in place,

 

Speaker:

like Ben said internally to avoid it,

we're going to make bad decisions,

 

Speaker:

but we have metrics and processes to

 

Speaker:

minimize those as much as possible.

 

Speaker:

Yeah. And that's a good segue to topic

three, design before you execute,

 

Speaker:

but don't over-engineer early.

 

Speaker:

So there's a good quote I've

heard from many sources.

 

Speaker:

I don't know who quoted it initially,

but something to the effect of,

 

Speaker:

"If you have no plan,

 

Speaker:

you'll certainly get there."That's

really been a driving force for us.

 

Speaker:

When Taylor and I started this firm

before we even began, we sat down,

 

Speaker:

we wrote a business plan and it's really

apocryphal because if you look back at

 

Speaker:

that plan, even our

year-to-year revenue goals,

 

Speaker:

we literally met them

within a short range of 50,

 

Speaker:

$100,000 year to year,

 

Speaker:

which just demonstrates the power of

having a goal and having a clear idea of

 

Speaker:

what you're setting out to accomplish,

but the concept of don't over engineer.

 

Speaker:

I don't know if any of you are

familiar with the lean startup concept.

 

Speaker:

This is sort of the stuff that is very

hot in Silicon Valley with especially

 

Speaker:

tech startups,

 

Speaker:

AI startups. There's an author named

Eric Reese who wrote that lean startup,

 

Speaker:

but the concept is minimal

viable product now.

 

Speaker:

This is how tech startups

and software companies work.

 

Speaker:

And the idea is that you don't

want to spend inordinate amount of

 

Speaker:

time early on in design

because without having

 

Speaker:

enough feedback to understand if your

design is really salient to your consumer,

 

Speaker:

to the public and the market. So

what you want to do is put out,

 

Speaker:

and this is the software concept,

 

Speaker:

you put out the minimum viable

product and then you iterate,

 

Speaker:

you're constantly refining, you're

constantly improving with feedback.

 

Speaker:

And so that's what we've tried to do in

 

Speaker:

our service sector type of business

Because we don't want to get paralyzed by

 

Speaker:

trying to design the perfect system.

 

Speaker:

We want to design something that

we want to have large vision and

 

Speaker:

goals and then just start moving

forward on that and then getting

 

Speaker:

feedback loops to help us iterate.

I mean,

 

Speaker:

one example is we recently launched

a television radio ad campaign.

 

Speaker:

We've never done that before.

 

Speaker:

I've been doing this for almost 25 years

and have never done direct to consumer

 

Speaker:

marketing. Now, how do we do that?

What's the perfect ad campaign?

 

Speaker:

You could spend years

designing a perfect campaign.

 

Speaker:

There probably is no

definition of perfect.

 

Speaker:

We used our core value of science and

data. So we designed a messaging campaign.

 

Speaker:

We actually did survey data where we put

that out there and compared it to other

 

Speaker:

competitors on the market and got

real world information for that.

 

Speaker:

70% of the people who took the survey

said they would hire us based on our

 

Speaker:

messaging compared to our competitor

commercials if they were only basing

 

Speaker:

their buying decision on the

commercial. So that was some data point.

 

Speaker:

It wasn't a ton of data,

 

Speaker:

but it was good enough. Then we launched

it and now we have a feedback loop.

 

Speaker:

So every client who contacts our office,

 

Speaker:

our staff takes very detailed

information about how they found us,

 

Speaker:

what they're looking for for lawyers,

 

Speaker:

what the characteristics are in a lawyer

that they want to hire, all of that.

 

Speaker:

Our marketing director, Matt, over there,

is shaking his head. He's fantastic,

 

Speaker:

by the way. So now we're iterating.

We've got a feedback loop.

 

Speaker:

We've got data and we can

make smart decisions on that.

 

Speaker:

We could have spent years designing the

perfect campaign and we still wouldn't

 

Speaker:

be doing anything right now. So that's

just one example of that concept.

 

Speaker:

So understanding the topic four,

 

Speaker:

understanding which risks

to take and which to avoid,

 

Speaker:

this is kind of risk management. I've

got a spiel on that, but I'm interested.

 

Speaker:

If there's one main difference,

 

Speaker:

I would say between banking and

trial law on the plaintiff's

 

Speaker:

side,

 

Speaker:

it's going from a highly risk averse

culture to a highly risk tolerant

 

Speaker:

culture.

 

Speaker:

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Speaker:

So what have you noticed about that, Jeff?

 

Speaker:

I mean, to a certain extent,

but at the end of the day,

 

Speaker:

there are so many parallels to banking

because you assess the risks of a case

 

Speaker:

and you look and you see maybe what the

 

Speaker:

insurance caps are. And

if you take it to trial,

 

Speaker:

you might get X number of

dollars. If you settle it,

 

Speaker:

you're going to get X number of

dollars. What's right for the client?

 

Speaker:

What's right for the firm?

How long is it going to take?

 

Speaker:

How much case costs are you going to

carry for two or three years before it

 

Speaker:

settles? So you're assessing your risk

virtually every day with your cases.

 

Speaker:

And it's the same thing

on the bank side. I mean,

 

Speaker:

especially on the lending side.

 

Speaker:

You could do a $40 million

loan for a commercial customer,

 

Speaker:

but what's your risk and how are you

going to hedge it? And so there's a lot of

 

Speaker:

parallels to it.

 

Speaker:

And I think every firm

has to make a decision or

 

Speaker:

there has to be tactical times when

you want to take risk and when it makes

 

Speaker:

sense.

 

Speaker:

And you have to be very

clear on your risk tolerance

 

Speaker:

as a firm, but also on

a case by case basis,

 

Speaker:

which I'm sure is what you're

going to lend your wisdom to.

 

Speaker:

I'm very interested in this concept of

risk because it permeates everything we

 

Speaker:

do.

 

Speaker:

We always have to counsel clients on

what are the risks of taking a case

 

Speaker:

to trial versus settlement. In the past,

 

Speaker:

you were always operating on very

limited data because it was largely past

 

Speaker:

history and intuition, which

isn't notoriously unreliable.

 

Speaker:

We now do big data studies

on every significant case,

 

Speaker:

which really in our practice

is really every case.

 

Speaker:

And that gives us at least

more ... It's not perfect,

 

Speaker:

but it gives us more data we can work

with in order to do this kind of risk

 

Speaker:

assessment. I've read two books recently,

 

Speaker:

which I think are phenomenal

on the topic of risk.

 

Speaker:

One is the Nate Silver

book called On the Edge.

 

Speaker:

I don't know if anyone here read that

book. It's Nate Silver was known for 530,

 

Speaker:

was it 536, 538,

 

Speaker:

The Political Prognostication website.

He's also a

 

Speaker:

quasi-professional poker player.

 

Speaker:

So the book is kind of like talking

about the risks involved in poker,

 

Speaker:

how people in Silicon Valley with the

startup culture evaluate risk and then

 

Speaker:

how the rest of the world looks at

risk. And it's pretty fascinating.

 

Speaker:

There's another book called

The Black Swan by Nasim Taleb,

 

Speaker:

which is also a take on

risk. Like most things,

 

Speaker:

there's inconsistent and

contradictory concepts involved.

 

Speaker:

The concept of this black swan is

that there's a lot in the world that's

 

Speaker:

inherently unpredictable.

 

Speaker:

And yet most things that we

deal with relating to risk,

 

Speaker:

like if you're going to invest

in the S&P 500 index, well,

 

Speaker:

you're told that that's low risk,

 

Speaker:

but it's not low risk when some

 

Speaker:

macroeconomic force occurs

that causes everybody to go

 

Speaker:

down and lose their shirts, which

happens more often than you'd expect.

 

Speaker:

Like once every decade, that basically

happens. The concept he came up with,

 

Speaker:

which made him very successful

in financial investing

was you have to identify

 

Speaker:

asymmetric opportunities for

asymmetric returns where the

 

Speaker:

unpredictability works in your

favor and not against you.

 

Speaker:

And there's no better world

where that exists than trial law

 

Speaker:

because when we tried a case recently

where the offer on the table was

 

Speaker:

$300,000 and our verdict was 25 million.

 

Speaker:

So there's an opportunity

for asymmetric returns.

 

Speaker:

So that's a black swan working for you.

Now, in another case we had recently,

 

Speaker:

there was an offer in excess

of $30 million on the table.

 

Speaker:

We could have taken that

case to trial, but if we did,

 

Speaker:

the unpredictable result

would've worked against us there.

 

Speaker:

So the asymmetric return probably

would have worked against us.

 

Speaker:

So trying to figure out

whatever your business is,

 

Speaker:

where are those opportunities

for asymmetric returns based on

 

Speaker:

unpredictability that you can

take advantage of and other people

 

Speaker:

aren't seeing?

And so we've really tried to do that.

 

Speaker:

And it's always a challenge

to identify where the

 

Speaker:

tipping point is there. But I

would say that back to that,

 

Speaker:

so many decisions that

we make are not based on

 

Speaker:

objective criteria or

expected value calculations of

 

Speaker:

actual results. They're

based on things like,

 

Speaker:

"I'm really worried that I won't be

able to make payroll this month," or,

 

Speaker:

"Somebody told me about

something that happened to them,

 

Speaker:

so this is probably going to

happen to me. " Or like we said,

 

Speaker:

"I've already invested so much money

into this. I have to keep going.

 

Speaker:

" Those are all the kind of cognitive

biases or individual fears that

 

Speaker:

cause you to make decisions that are not

objectively maximizing your ability to

 

Speaker:

manage risks.

 

Speaker:

So we really have tried to reduce

the number of decisions we make

 

Speaker:

on those kind of anecdotal

knee-jerk thinking. And one

 

Speaker:

example is we've developed a very

complex settlement matrix where,

 

Speaker:

like Jeff was describing

earlier, we can plug in there.

 

Speaker:

So we're thinking about

advising our clients about

the risk of settlement versus

 

Speaker:

trial

 

Speaker:

or continuing down the path for a while

before we settle or so other things.

 

Speaker:

And I think lawyers often think

about that as it's either A or B,

 

Speaker:

but you're forgetting about things

like, well, what's the opportunity cost?

 

Speaker:

Because you're employing staff and

resources to litigate this case, right?

 

Speaker:

They could be spending time on something

else that may have a higher upside.

 

Speaker:

You're also forgetting about,

 

Speaker:

so you think about the first

order benefit of a settlement,

 

Speaker:

money in the pocket of your client or

money in the pocket of your law firm,

 

Speaker:

but there's second order consequences.

 

Speaker:

What is the social value

of that public trial to

 

Speaker:

getting the word out about certain

conduct that your client wants to shine a

 

Speaker:

light on? What is the downstream value

to your law firm or the reputational

 

Speaker:

value of winning a big verdict and getting

the next big case because you've been

 

Speaker:

willing to do that?

 

Speaker:

If you're only looking at first order

consequences and not second and third

 

Speaker:

order consequences,

 

Speaker:

you're missing a lot of the value

in your decision making process.

 

Speaker:

So let's move on to the next,

 

Speaker:

so that's topic or we've

covered eight already.

 

Speaker:

So we've got 15 minutes. Let's do topic

five, financially unbreakable systems.

 

Speaker:

You want to talk about that, Jeff?

 

Speaker:

We were just ironically talking to our

accountant about those kind of things

 

Speaker:

this morning.

 

Speaker:

Financially unbreakable

systems. Yeah. So yeah,

 

Speaker:

you kind of need money to do

everything that we're doing,

 

Speaker:

but along the lines of

you want to build, I mean,

 

Speaker:

and Ben puts it financially

unbreakable systems,

 

Speaker:

but you have to try and look

holistically at your firm.

 

Speaker:

You can't look ... Although you're

looking on a case by case basis,

 

Speaker:

you have to look at, again,

 

Speaker:

the second and third tiers of what

your decisions are going to make.

 

Speaker:

What's your cushion?

 

Speaker:

How much do you want for a cushion at

your firm and how your decisions are made

 

Speaker:

from that? We spend a lot of time,

we have a finance meeting every week.

 

Speaker:

We met with our accounting

firm an hour ago,

 

Speaker:

right before we came into this meeting

to already project and plan ahead for 26

 

Speaker:

and quarterlies and everything else

and made some decisions as a group

 

Speaker:

on how we're going to make the changes.

But you have to be very deliberate.

 

Speaker:

And I think part of that also is what

is, and Ben alluded to it before,

 

Speaker:

and it may deviate from this,

but I think it all goes the same.

 

Speaker:

But what is the best and

highest use of your time?

 

Speaker:

Because having Taylor Asin or

Ben Gideon opening the mail or

 

Speaker:

doing intake calls is not the

highest or best use of their time.

 

Speaker:

It's something that had to be done when

the firm was first started because they

 

Speaker:

didn't have the financial systems

in place to have other people

 

Speaker:

doing that.

 

Speaker:

You can't run out and hire eight people

when you first start unless maybe you're

 

Speaker:

a trust fund person or something

or somebody's gifted you.

 

Speaker:

And then your goals have

to be centered around being

 

Speaker:

financially viable and

understanding ... I mean,

 

Speaker:

case costs are perfect example, I think.

 

Speaker:

We fund our case costs internally

right now and we talk and it

 

Speaker:

revisits probably every quarter,

 

Speaker:

should we finance these?

Should we do this? Should we do that?

 

Speaker:

Should we charge interest? Should we ...

 

Speaker:

And we throw around

all these other things.

 

Speaker:

But when Ben was talking about

that matrix we put together,

 

Speaker:

a big part of that is the carry

costs of those case costs.

 

Speaker:

And you have $500,000 worth of case

costs that have been out there for three

 

Speaker:

years, you better factor

that into your decision.

 

Speaker:

And when you have a pipeline of cases

that are on your books that are getting to

 

Speaker:

the point where those case costs and

the experts are starting to ramp up,

 

Speaker:

where are those funds coming from

and how is it going to be allocated

 

Speaker:

appropriately?

 

Speaker:

And having those systems

in place to help drive your

 

Speaker:

decisions is critical.

 

Speaker:

Yeah. I mean, the core insight in

financially unbreakable systems is that

 

Speaker:

durability is critical.

If you can't survive,

 

Speaker:

you're not going to

accomplish anything else.

 

Speaker:

So your first order of

business has to be to build a

 

Speaker:

strong foundation that

allows you to survive.

 

Speaker:

And that includes through

weathering storms when

 

Speaker:

not all of your projections come to

fruition where, I mean, we have to assume,

 

Speaker:

everybody who knows me well knows

that I've lost a lot of trials and

 

Speaker:

I lost a very big trial a year ago that

we had a huge amount of money and a huge

 

Speaker:

offer on the table.

 

Speaker:

And we were able to weather that

storm and it didn't really even

 

Speaker:

impact our bottom line

materially because we had a

 

Speaker:

strong financial footing.

If we didn't have that,

 

Speaker:

a single case like that could have

bankrupted our firm and meant we wouldn't

 

Speaker:

have been around any longer to do our

further cases. So you've got to earn ...

 

Speaker:

I feel like you've got to earn the right

for that. If I want to go try a case,

 

Speaker:

I've got to earn the right to do it by

making sure I'm doing it from a position

 

Speaker:

of strength, not I need to win that case.

If I go into trial and I need to win,

 

Speaker:

it's going to be desperate.

 

Speaker:

It's like when you need to have a date

and you're going up to every girl in the

 

Speaker:

bar asking her for a number,

 

Speaker:

there's a smell of desperation that

everyone consents and you don't succeed in

 

Speaker:

that setting. You have to

be coming to it with a ...

 

Speaker:

And I'm not talking from

personal experience.

 

Speaker:

I.

 

Speaker:

Just.

 

Speaker:

Didn't know if you had firsthand.

 

Speaker:

Experience.

 

Speaker:

With.

 

Speaker:

That. And then anyway,

 

Speaker:

that doesn't apply in the modern

world with the internet anyway,

 

Speaker:

but I've been married for 25 years,

 

Speaker:

so I don't know how any

of that works these days.

 

Speaker:

I think the other point

there, and one thing-.

 

Speaker:

The other point is we

need a good HR person.

 

Speaker:

Which we have.

 

Speaker:

Right.

 

Speaker:

I'm the HR person as well. But

I think another point there,

 

Speaker:

and we talk about it a lot when it comes

back to culture and core values is you

 

Speaker:

can't make case decisions based on your

 

Speaker:

finances because they're

going to be bad decisions.

 

Speaker:

And what I mean by that is you

decide to settle a case maybe

 

Speaker:

prematurely because it'd be

nice for that firm to get that

 

Speaker:

$700,000 in the bank

and you can't put your

 

Speaker:

clients in that position and

you can't have your firm in that

 

Speaker:

position and building that financial

durability so you never have to

 

Speaker:

make that decision as critical.

 

Speaker:

All right. Moving on. Topic six,

 

Speaker:

dominate a niche instead

of fighting market leaders.

 

Speaker:

So one of my favorite books on that is

Seth Godin has written a lot of books on

 

Speaker:

marketing. The one I thought was the

best is called This Is Marketing.

 

Speaker:

His sort of core insight

is that your initial

 

Speaker:

foray when you're starting any kind of

an entrepreneurial venture is to identify

 

Speaker:

the smallest viable market because

by identifying the smallest

 

Speaker:

market for your services,

 

Speaker:

what you're doing is

mapping what you do best,

 

Speaker:

what you bring your highest and best

value to a niche that is going to benefit

 

Speaker:

from that service.

 

Speaker:

So if you were starting a small firm

going head to head with Pierce Atwood and

 

Speaker:

being a full service law

firm that offers M&A and

 

Speaker:

bankruptcy and whatever,

immigration, so forth,

 

Speaker:

you're not going to compete effectively

with Pierce Outwood doing that,

 

Speaker:

right? But if you are really

good at one niche thing and can

 

Speaker:

make a name for yourself in that,

 

Speaker:

you will grow rapidly by

reputational value and word of mouth

 

Speaker:

and so forth. And so we did

that when we started our firm.

 

Speaker:

We were very deliberate about focusing

like a laser on we are the best at doing

 

Speaker:

complex medical malpractice cases.

And for the first several years,

 

Speaker:

I would say the lion's share of our

new cases were in the field of medical

 

Speaker:

malpractice.

 

Speaker:

It's a good niche because very few

lawyers want to do those cases.

 

Speaker:

They're expensive, they're complicated,

 

Speaker:

there isn't a lot of room for mistakes

there because you can quickly lose

 

Speaker:

your shirt on them and so forth.

 

Speaker:

So we did that and all of our

marketing was very targeted on

 

Speaker:

that. We would write

articles focused on that.

 

Speaker:

We wanted to establish kind of industry,

being industry leaders in that area,

 

Speaker:

and I think that was very

effective for us. Since then,

 

Speaker:

we've now expanded out into other

areas of kind of complex civil

 

Speaker:

litigation and personal

injury cases beyond that.

 

Speaker:

But if we had tried to

do that at the outset,

 

Speaker:

I think we would've been

much less successful at

building our business because

 

Speaker:

there's a million lawyers out there

who want to do garden variety personal

 

Speaker:

injury cases. So that's just one

example. Whatever niche you're in,

 

Speaker:

you want to simplify and narrow it to

the thing you do the very best and then

 

Speaker:

put all of your focus and eggs

into that basket initially,

 

Speaker:

develop those relationships,

build that business,

 

Speaker:

and then gradually concentric

circle out from there.

 

Speaker:

I think you'd be great to talk about,

Jeff, building systems, metrics,

 

Speaker:

and accountability.

 

Speaker:

We build a lot of systems, metrics,

 

Speaker:

and accountability.

So part of our strategic plan was we

 

Speaker:

tried to narrow down and focus on what our

 

Speaker:

biggest metrics and measurements

are going to be, KPIs,

 

Speaker:

key performance indicators.

 

Speaker:

And there are so many different things

that you could try and point to.

 

Speaker:

And we've really narrowed it

down to less than a handful of

 

Speaker:

things that we think are the

most important things to our

 

Speaker:

firm. And then we back it up

with data and we track it.

 

Speaker:

And it goes back to, again,

 

Speaker:

one of our core tenants that we

try and do everything as data

 

Speaker:

driven as possible, which I think

for attorneys, what I've learned is,

 

Speaker:

especially for trial attorneys,

 

Speaker:

a lot of it is your past experience

and your gut instinct and how you can

 

Speaker:

react in real time and in front of a

jury or giving an opening or giving a

 

Speaker:

closing. But those may serve

you very well in that role,

 

Speaker:

but they may not serve you great

if you can't reel those things

 

Speaker:

in and have the metrics. And one

of our biggest KPIs is what we call

 

Speaker:

qualified cases.

 

Speaker:

And we look at it and we

decided what we felt were

 

Speaker:

qualified cases for our

firm. What were cases that,

 

Speaker:

to the niche part, we weren't

expanding beyond our reach.

 

Speaker:

We had the expertise, we have the systems,

 

Speaker:

and we have the ability to handle

this case and add a lot of value

 

Speaker:

to it. And we found out

that in order for us to get

 

Speaker:

qualified cases,

 

Speaker:

we probably have to talk to anywhere

between 500 and a thousand potential

 

Speaker:

clients to get those qualified cases.

 

Speaker:

So everything else that we're doing

is really trickling down from that

 

Speaker:

KPI. If we have to talk to

that many potential clients,

 

Speaker:

how does that impact our marketing?

How does that impact our intake team?

 

Speaker:

How does that impact our onboarding team?

 

Speaker:

How do we get the data so that

we are more focused from a

 

Speaker:

marketing standpoint,

from an intake standpoint,

 

Speaker:

to try and drive more qualified cases?

So I mean,

 

Speaker:

Ben, I can kind of kick over to you.

 

Speaker:

Yeah. And the other part

of it is we try to do,

 

Speaker:

we have a Monday meeting every meeting.

 

Speaker:

So anybody here run

their business or follow

 

Speaker:

the EOS model, entrepreneurial

operating system.

 

Speaker:

It was kind of discussed in this

book called Traction by Gino Wickman,

 

Speaker:

which I've listed here,

 

Speaker:

but there's some different

systems like that businesses,

 

Speaker:

entrepreneurial businesses use,

 

Speaker:

and we use many of the

tenants of EOS in our company.

 

Speaker:

Part of that is having

regular meeting pulses,

 

Speaker:

but one of those is we have a Monday

meeting every week where everyone in the

 

Speaker:

firm is there for the

first hour of the meeting.

 

Speaker:

We have a defined dashboard

that lists out our

 

Speaker:

KPIs and key performance indicators that

apply to each different segment of our

 

Speaker:

practice.

 

Speaker:

So every week we're looking at what

are the number of intakes that came in,

 

Speaker:

how many phone calls were answered,

how many cases were accepted, rejected,

 

Speaker:

how many are in this category,

 

Speaker:

how many are in this category?

What is our settlements, revenues,

 

Speaker:

how many case reviews were completed?

 

Speaker:

So the thing about that is there's

really at least one or two metrics that

 

Speaker:

applies to every different

department in our firm.

 

Speaker:

So the intake department has metrics,

 

Speaker:

the litigation teams have metrics.

 

Speaker:

And it's a way to kind of impose

some level of accountability,

 

Speaker:

public accountability

at the weekly meetings.

 

Speaker:

Public shaming.

 

Speaker:

And public shaming to some extent,

 

Speaker:

although we try to do it with good humor

most of the time, most of the time.

 

Speaker:

Yeah. So we do that and that

really drives everything we do.

 

Speaker:

And those KPIs are not arbitrary.

 

Speaker:

They were developed because they all

track to something we're trying to

 

Speaker:

accomplish in our

mission. So as Jeff said,

 

Speaker:

we need a certain number of qualified

cases. For us, that's the key metric,

 

Speaker:

because for instance,

if we looked at revenue,

 

Speaker:

revenue in a plaintiff's firm goes

like this because you might have a big

 

Speaker:

settlement in a big case, all of a sudden

your revenue looks really impressive,

 

Speaker:

but that's not really an indicator of

the health of your business because you

 

Speaker:

may not have another case like that

coming in the pipeline anytime soon.

 

Speaker:

And so if you were basing your decisions

only on revenue or your health of the

 

Speaker:

business,

 

Speaker:

that would not be a good indicator.

So what we've come to as qualified cases,

 

Speaker:

because we know if we have a certain

number of qualified cases in our pipeline,

 

Speaker:

that will translate into a certain number

of revenue over a certain period of

 

Speaker:

time. And whatever kind

of practice you have,

 

Speaker:

I think a good first step is to identify

what are the two to three or one key

 

Speaker:

metrics that you really want to

track. And it's going to be different.

 

Speaker:

If we were an hourly rate practice, it

would be a totally different metric.

 

Speaker:

And then the systems part is just having

replicable systems that once you've

 

Speaker:

figured out how to do something well,

 

Speaker:

you continue to do it the same way every

time and train people to do it that way

 

Speaker:

so you're not constantly reinventing

the wheel and you have consistent high

 

Speaker:

quality standards across the

board. And when we started,

 

Speaker:

we would have multiple paralegals and

they would all be doing things their own

 

Speaker:

individual ways. And one way would be

better and the other way would be worse.

 

Speaker:

And at some point it occurred to us, well,

 

Speaker:

why aren't we just taking

the best practice and having

everyone do it that way?

 

Speaker:

So we've really tried to do that across

the board and systems that define what

 

Speaker:

we're doing. So we covered eight.

 

Speaker:

Let's move quickly onto nine in our

last three minutes and we'll cover 10.

 

Speaker:

Nine,

 

Speaker:

scale without diluting

identity or quality.

 

Speaker:

This is kind of the stage we're at right

now, Ben. We've laid our foundation.

 

Speaker:

We had a fantastic year last year,

 

Speaker:

and now we're in our scaling

phase. What's our next step?

 

Speaker:

We're filling out our litigation

team. We're increasing our marketing,

 

Speaker:

we're increasing our intakes.

 

Speaker:

How do we scale without losing

all the things that we've put in

 

Speaker:

place that have been

successful up to this point?

 

Speaker:

And a lot of that is very simple things,

 

Speaker:

but the service you try and give

every potential client that calls in,

 

Speaker:

if we all of a sudden go

from 60 intakes a week to 250

 

Speaker:

intakes a week, are we going

to lose that personal touch?

 

Speaker:

Are we going to lose that ability to

be able to decipher on whether it's an

 

Speaker:

appropriate or qualified case or can

we refer it out to another attorney? So

 

Speaker:

to be able to scale and not lose your

 

Speaker:

culture, not lose what made

you successful to begin with,

 

Speaker:

I don't want to say is what

we're struggling in, but

that's this year for us.

 

Speaker:

That is 2026 and we're

three weeks into it.

 

Speaker:

Yeah. I mean, for me,

 

Speaker:

this is very personal to me because I'm

getting older as the days and years go

 

Speaker:

by and there comes a point

where I'll want to do less.

 

Speaker:

I want to have a firm where the

firm isn't about the individuals,

 

Speaker:

it's about having the firm.

 

Speaker:

And the firm comes first and

we have a powerhouse firm,

 

Speaker:

not just people that have good

reputations. And so we're now, I mean,

 

Speaker:

I no longer do most of the

legal work on most of the cases,

 

Speaker:

which I did for years.

 

Speaker:

I've very intentionally

taken myself out of ...

 

Speaker:

I'm not lead counsel on any case

in our office now, which I love.

 

Speaker:

It doesn't mean I'm not

intimately involved in every case.

 

Speaker:

I am just in a different way, but

that's been critical to scaling.

 

Speaker:

In order to scale, it's self-evident,

 

Speaker:

but you have to take yourself

out of being indispensable

 

Speaker:

for everything. Otherwise, you can't

scale. You have limited amount of time,

 

Speaker:

you have limited time horizons.

 

Speaker:

So there's things where I can

add value and strategy and input

 

Speaker:

into some of the critical

junctures in cases.

 

Speaker:

I'm still going to probably be first

chair in every trial we do for the

 

Speaker:

foreseeable future, which

I'm happy and excited to do.

 

Speaker:

But if I don't take another deposition

in my lifetime, I'll be very happy.

 

Speaker:

I'm doing two next week. But the

reality is I'll still do a few,

 

Speaker:

but I'm for the most part not doing

depositions, not doing the briefs.

 

Speaker:

I'm trying to take myself

out of most of that.

 

Speaker:

This is how I know we're

on the right track.

 

Speaker:

It's very easy for the Benzen

Taylors of the world to give

 

Speaker:

up things that they don't enjoy.

 

Speaker:

They gave up facilities and

buying office furniture.

 

Speaker:

They gave up dealing with our IT vendor.

 

Speaker:

Taylor really enjoyed the office version.

 

Speaker:

He did. I had to pry it away from, which

that's because he likes a good deal.

 

Speaker:

We hired a marketing person and brought

him in house, so they gave up marketing.

 

Speaker:

So all those things were the easy things

for them to give up. The hard things,

 

Speaker:

and I know we're on the right path because

Ben and Taylor are starting to give

 

Speaker:

up things that they've been doing for

the last two decades and been doing very

 

Speaker:

well,

 

Speaker:

and they have the confidence

in the team that we've

 

Speaker:

built to hand over those

duties that in the past,

 

Speaker:

"If I want it done right,

 

Speaker:

I got to do it myself." And so

that's the exact trajectory we want

 

Speaker:

to be on. And I don't know, it's good.

 

Speaker:

Yeah. So we sort of at the end, but let

me just comment on the very last topic.

 

Speaker:

One of our goals in addition to our

financial goals and client services

 

Speaker:

related goals is we actually

have an internal goal.

 

Speaker:

We call it building the law firm

of the future. And I think, I mean,

 

Speaker:

we all probably use AI in

different capacities currently.

 

Speaker:

I am a huge user of AI.

I'm probably on ChatGPT,

 

Speaker:

much to my wife's dismay,

like five hours a day,

 

Speaker:

but it has enormous power to

leverage what we currently

 

Speaker:

do and to make us more

efficient and productive.

 

Speaker:

It also has the power to

distract and be useless.

 

Speaker:

So we have to use it in a very

deliberate and intentional way.

 

Speaker:

But I think it's fair to say

that what a law firm looks

 

Speaker:

like even two or three years from now,

let alone five or 10 years from now,

 

Speaker:

is going to be totally different.

There will no longer be teams of

 

Speaker:

people answering phone calls that will

almost certainly all be handled by AI.

 

Speaker:

A lot of the things that paralegals

currently do will be done by AI,

 

Speaker:

a lot of things that young

associates ... I mean,

 

Speaker:

in our medical malpractice cases,

 

Speaker:

getting a lawyer competent to

review a complex medical record and

 

Speaker:

make decisions about even whether that

is or isn't the case would take years in

 

Speaker:

the past and hours and

hours or days of time.

 

Speaker:

It can be done for the most

part in about an hour now,

 

Speaker:

utilizing AI and training somebody

on how to issue spot through that

 

Speaker:

process.

 

Speaker:

So there's just so many ways in

which whatever industry you're in or

 

Speaker:

practice, AI is going to revolutionize it.

 

Speaker:

I think in terms of being a

law firm owner and a leader,

 

Speaker:

the goal now is to start building

your practice with that in mind,

 

Speaker:

not to use AI to substitute

for anything right now,

 

Speaker:

but to be thinking about how that might

be done in the future and creating

 

Speaker:

systems that will enable you to do

that as the time becomes ripe for it.

 

Speaker:

So we could talk a lot more about that,

but we were out of time. So with that,

 

Speaker:

as we said at the outset,

 

Speaker:

we'd love to have anybody who has a

thought or questions or wants to continue

 

Speaker:

the conversation. Feel free to

come up. You can use this mic.

 

Speaker:

You can join us on the podcast

if you want. Otherwise,

 

Speaker:

it was great to see everybody. I hope

you enjoyed the conference. Rachel,

 

Speaker:

thank you for inviting

us. Have a nice day.

 

Speaker:

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Speaker:

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Speaker:

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time with us today. And Remember,

 

Speaker:

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