Whether we like it or not, we are going to be measured by our clients. The good news is that we can affect the measurement process. However, if we take a passive approach, the stick against which we will be measured will be an exclusive creation of our client, and likely imposed upon us.
Alternatively, most sophisticated clients would be delighted if their lawyer approached them at the outset of a matter, to discuss ways in which they could determine and provide value.
There are a lot of reasons why most lawyers don't bother: we're too busy to invest the extra time that it would take; there are no billable hours involved in doing it; we might be afraid to 'stir the pot'; and perhaps if we don't talk about it, then maybe it ain't really broke.
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