Outside Counsel Overconfidence in Client Relationships: What In-House Practice Teaches Us

Lawyers are known for being confident professionals. Much of their confidence may stem from self-awareness of the acumen, drive, and dedication they bring to bear for clients.

Lawyers in private practice, especially high-performing firms with marquee clients, are no exception. Arguably, confidence is critical for a firm and its attorneys’ survival and success; it fuels substantive performance and empowers navigation through competitive firm hierarchies.

A past study found that lawyers exhibit overconfidence when predicting likely case outcomes.

In my experience, some law firm lawyers are similarly overconfident when perceiving the health of their client relationships.

The Project Bubble of Law Firm Practice

In private practice, clients come to you with a need to address. That may include, among other things, a question to answer, a dispute to resolve, a request to generate work product, a transaction to negotiate, or a situation on which to offer counseling.

No matter the nature of the project, usually you have some semblance of a starting point— like the “call of the question” in a law school exam.

You then delve into the project and hopefully deliver an excellent outcome for the client.

Some client relationships are closer than others, but most often you’re one step—maybe many steps—removed from what’s going on at your client and what’s in their minds. You only have the information they give you. You’re assisting the client, not living the client’s life.

Confidence Fills the Gap

Facing limited client information and perspectives, you do your best to intuit reality and conduct yourself accordingly.

This is exactly what I did during my twelve years in private practice spanning multiple firms. Looking back, I felt confidence in my (supposed) understanding of my clients’ challenges, needs, and wants.

I felt buoyed by my performance and commitment, and by the privilege of practicing in well-regarded, financially sound firms with a vibrant client base.

The In-House Reality Check

Then I became a corporate attorney.

I quickly discovered how mistaken I had been.

Many of my assumptions about what it’s like on the client side were wrong, incomplete, or misguided. Energies I expended in private practice could have been more closely aligned with client needs. Had I known better, I could have taken proactive steps to get closer to my clients for mutual benefit.

Simply put, I had been overconfident and lacked the tools to recalibrate my understanding and approach.

During my twelve years as corporate counsel, I saw my former self in many outside counsel who represented my employers. They, too, were overconfident. They, too, could have elevated their client service and fostered stronger client relationships.

Low-Hanging Fruit for Law Firms

I came across a recent LinkedIn post in which a law firm partner touted his client service techniques as the gold standard. While his zeal was laudable, his remarks evidenced a flawed understanding of the status quo in many corporate legal teams.

His views likely were formed by his work for a small cohort of clients: Having not practiced in-house, he extrapolated incorrectly—and overconfidently.

This lawyer is not alone. Many similarly struggle to fully understand in-house practice and size up their client relationships. As a result, they may not reach their full potential.

The good news is that outside counsel can drive stronger client relationships without necessarily becoming in-house lawyers. To do so, they need to get out of the project bubble and rewire their thinking.

Robust client relationship assessments are low-hanging fruit for gathering powerful new insights. When intentionally applied, these insights can help practitioners enrich their existing client relationships and become more client-attuned across their practice.

Don’t let overconfidence deter you from harvesting the fruit.