Retail Law and the Restaurant Model Comparison

Milton Friedman wrote that the only relevant test of the validity of a hypothesis is comparison of prediction with experience. When considering if a restaurant has anything in common with a law firm, a person could be forgiven if their first instinct is to resist the concept entirely.

The perspective of the average consumer, however, sees legal services similarly to any other major purchase of a similar value. Once engagement letters are signed and money exchanges hands, the new client is going to expect a show of service similarly as they would from any other business.

Restaurants the world over can generally be broken into two sections, front and Back-of-House. Front-of-House is generally any staff that the consumer would regularly interact with or even observe in the course of their duties. This generally includes Hosts/Seaters, Servers/Bartenders, Runners/Barbacks/Bussers, and Management.

Back-of-House in a restaurant generally includes Chefs, Sous Chefs, Line Cooks, Pantry Cooks, Preppers, and Dish Washers. Back-of-house staff are not generally interacting with the consumer directly.

In the restaurant model, a law firm is split in a similar manner. The typical retail law firm will have Intake/Legal Assistants and a Paralegal for front-of-house operations. These positions leave the largest impression on the consumer due to being heavily involved during the intake and onboarding processes. First impressions are lasting as they tend to be.

In the typical retail law environment, your back-of-house staff are typically going to be the Responsible Attorney, Managing Attorney, and any third party used for attorney work product. While the attorney is the principal agent providing the service, similarly to chefs and cooks, it is the front-of-house that more regularly interacts with the consumer.

Both industries have methods and practices for helping their consumers move through their processes in a manner that results in the best outcome. Both industries require setting expectations on time and results or risk blow back if problems arise. Both industries generally aim for high volumes of business.

To maintain high standards under high volumes of business both industries can struggle. While restaurants have evolved at a much faster pace with technology, law firms have adapted but at a slower pace. Restaurants have moved from receipt pads and pens to fully digital sales operating systems.  Law firms have moved from paper filing cabinets to fully digital case management systems and remote hearings.

There could be a benefit to any practicing attorney to observe their firm from the consumer perspective by analyzing the consumers’ journey through the process. Doing so may help better identify stress points that could be mitigated in the future.

The firm might consider:

  1. How long does the typical intake call last before an appointment is set?
  2. How much time passes between the initial call and the initial consultation?
  3. Does the client receive appointment confirmations, marketing materials, or any instructions after booking a consultation?
  4. How much time passes between payment and confirmation for paid consultations?
  5. Does the client receive a reminder before the scheduled consultation?
  6. How much time passes after the consultation concludes before the prospective client receives a fee agreement/initial fee?
  7. Once the prospective client signs/pays, how much time passes before they are contacted again?
  8. Does the new client receive materials explaining how best to take advantage of the legal services?
  9. Does the firm have any published materials that new clients might access to better understand the process?
  10. Does the firm leverage any technology that might help with service?
  11. How much time passes between a client signing/paying until they receive and complete onboarding forms?
  12. Are there any friction points throughout the course of a typical matter that occurs often?
  13. Are active clients contacting the responsible attorney/paralegal directly or filtered via reception/intake?

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