Benchmarks for Lawyers, part 2

Benchmarks for Lawyers, part 2 BY http://www.magnusweb.com/

David H.Fauss Point of viewWhen writing part 1 of the post on benchmarks, it occurred to me thatsome people might ask if there are other benchmarks for servicebusinesses/practices. In fact, we have been asked many times over thepast 20+ years about our “success rate.” This is always a difficultquestion to answer because the answer, as Melissa will tell you as asocial scientist, is that it actually can’t be answered. And, no lawyer canreally, truly explain a success rate for similar reasons (which is why theBar does not allow such statements). The problem in litigation, andprobably in other service industries, one does not have a control groupagainst which to measure success. Does one A/C company performbetter than another? Does one photographer do a better job thananother at a wedding? Would one trial consultant get a better resultfor a client? Would a different attorney get a different settlement orverdict than another? The answer to all of these may be yes, or no.

The important factor is whether the client of these service providers ishappy, or satisfied, with the outcome. Thus, another benchmarkingmethod in service based practices is client satisfaction – which can andshould be measured to provide a benchmark. We routinely survey ourclients about their satisfaction with our services (and we receiveconsistently high responses). This same technique can be used in anytype of service practice and it can take the form of surveys, interviews,or in person sessions.The key is to track results over time and by attorney or otherprofessional. This is beneficial for marketing as well as training, amongother things. So, while in many respects we, as service professionals,cannot prove what might have happened, or what didn’t happen, wecan look for ways to measure success in other forms.

Melissa Pigott Point of ViewDavid mentioned the benchmark of client satisfaction as anindicator of our success on a particular case. As in any servicebased business, Magnus’ satisfied clients are the best source ofrevenue for our business. The primary way we have alwaysobtained new cases on which to consult is from past clients whomwe helped achieve a successful outcome on previous cases. Our second most important revenue source is referrals to newclients from past clients who were happy with the service weprovided. The common denominator is, of course, the satisfactionof our clients, without whom our business would cease to exist.

Suffice it to say that we cannot please everyone; indeed, we havefound that attorneys who enjoy working with another juryconsultant, and wish we were more like him/her, are better offnot working with us and instead, continuing to work with theconsultant they have always used.The world of consulting (in any field, not just ours) is relationshipbased, such that “one size does NOT fit all.” We strive to please allof our clients, and based on our analysis of the client satisfactionsurveys we send following the completion of our work on everycase, we are performing at an almost 100% level in terms of clientsatisfaction. Now, if that isn’t a good indication of our success,what is?

Author Bio:The writers Melissa Pigott and David H. Fauss are the co-foundingpartners of Magnus Research Consultants, Inc., and MagnusGraphics, Inc. Magnus Research provides jury research and trialconsulting services for civil and criminal litigation. Magnus’research is customized, on a case specific basis, to maximize theresults of litigation.Magnus scientifically evaluates jurors or fact finders (arbitrators,mediators) responses to case issues by using attitude surveys,focus groups, mock trials, and mock arbitrations to develop casestrategies, themes, voir dire questions, and more. Voir direconsultation and witness preparation are also available. Magnus’provides Insights for Successful Litigation®.Magnus has worked on cases throughout the United States, inboth federal and state courts. The Magnus team takes pride inproviding quality work. Please visit www.magnusweb.com formore information.