Understanding Change Triggers

Timothy Corcoran

In the Biglaw legal marketplace, it’s taken as gospel that loyalty is dead. Corporate clients that once retained the same law firms over a multi-year period may now issue RFPs and shift the work to lower-priced firms. Partners with solid and portable client relationships may leap to new firms offering more generous compensation packages. Associates with certain pedigrees are test-driving their newly-rediscovered market appeal and selecting employers who will pay above-market rates. These changes are arguably a healthy reflection of a dynamic and competitive marketplace. One thing that hasn’t changed, however, is that all of these changes are preceded by triggers; they don’t just occur spontaneously. For examples, clients who change law firms always signal their dissatisfaction, though sometimes you have to watch closely to see the signs. I’m baffled why any law firm relationship partner is surprised when a new General Counsel or new Chief Executive Officer predictably launches a cost-cutting initiative or brings in trusted advisers from a prior life.  Why is it a surprise when a longtime client demands rate discounts several months after implementing a new e-billing system? When a client or prospective client issues an RFP and invites its procurement or finance team to the negotiation, why are law firm partners surprised to discover that alternative fees or discounts may be a necessary factor in winning the work, and not just pedigree or length of relationship?

Some years ago in my corporate life my team established a “risk index” for our key clients, incorporating several independent factors that, when viewed in isolation, were mildly helpful indicators of satisfaction. However, when viewed collectively, these factors were surprisingly accurate in predicting when a valued client relationship was at risk, allowing us to be proactive in our retention efforts. This wasn’t rocket science. We simply looked at factors like our contract terms (were they paying higher than average prices?), and depth of relationships (did we rely on one well-placed “friend in court” in the client organization, or had we established relationships at all levels?), and product penetration (did the client invest in numerous offerings or was our relationship limited to a single product or service), and product reliance (did the client have mission critical business processes relying heavily on our services, or were we in the “nice to have” category?), and even our own loyalty (has our sales and service team been consistent, or are we constantly re-assigning people and confusing the client with who to call?), and more. Two factors were highly correlated with risk, or a potential change in circumstances in our relationship. One was a change in our primary contact. The other was a notable change in the client’s financial performance. When our primary contact changed, this nearly always led to a review where we had to defend the investment in our service offerings. And if the client or its parent organization had a bad year, even in an area totally unrelated to the line of business we were in, this nearly always led to belt-tightening that would sooner or later impact us.

As a result of this ongoing analysis, my team was rarely surprised. We developed a proactive toolkit when one of our key client relationships was flagged as high risk. And the clients loved it, because we often offered some creative solutions before they had formulated an attack plan, and in some cases, before they even were consciously aware that changes were needed. Who was unhappy? Our parent company, whose executives rejected any notion of proactive renegotiation because the only indicator of a relationship at risk that they would accept was an outright cancellation! This probably sounds familiar to many law firm leaders who hear soothing words from relationship partners of key clients until the client suddenly defects, or fades away without ever lodging a formal complaint. “But they love(d) us,” the partner in charge will claim, all evidence to the contrary.

I was recently reviewing an old article in which I shared an instance of proactive service recovery by my preferred airline at the time, Continental. My closing remarks were prescient. Frequent fliers have certain buying triggers, and when an airline stops rewarding loyalty, the frequent fliers stop being loyal. Continental merged with United several years later, and, as loyal Continental fliers anticipated, the combined airline took on the service posture of United which is, shall we say, more focused on What have you done for me lately?” than “Thank you for your many years of loyalty.”

“Over the years I have flown to a lot of places. As a result I have earned many miles and points from various airlines, hotels, rail lines, car rental companies and other assorted vendors to the business traveler.

I have countless horror stories. You’ve all heard them. Or something like them. It’s part of our culture to mock airport security, or express frustration at airline pricing, or bemoan the inattentiveness that leads to lost baggage and is compounded by further inattention in returning it.

But today I won’t discuss what’s gone wrong. I’ll mention a couple incidents that went right.

Continental Airlines lost my bag last week. More accurately, I had 12 minutes to make a connection in Houston and I made it but my bag didn’t. When we arrived at the final destination, the gate attendant came on board and paged me, asking me to see him as I stepped off the plane. He apologized that my bag didn’t make it. He gave me the specific name of an agent in the baggage service office who was waiting for me, ready to complete the lost bag forms. Since I was awaiting a colleague on a later flight, I first stopped at the food court and had lunch. Apparently I was paged several times in baggage claim, as I received calls and text messages from alarmed friends. Then I received a call on my cell phone. The baggage service agent had called my home, explained to my wife that she wanted to help me expedite my claim, and asked for my cell phone number. I spoke to the agent briefly, stopped by the baggage claim office to fill out the form, and in about 4 hours the bag was waiting for me at my hotel. Two days later I received a letter in the mail from Continental, apologizing for the mixup and thanking me for being a customer.

Last year was my lightest travel year in over a decade. This was a blessing. But also a curse. Veteran travelers know that losing “elite” status means waiting in long lines with extended families, students, sports teams, foreigners baffled by the cacophony, and vacationers. As it turns out, I flew just enough to finally attain Million Miler status on Continental, which earned me lifetime elite status. I received a nice letter, a few related tokens of appreciation, and another thank you for my business. At the exact moment I expected to have no priority status while traveling and would therefore be more of a price shopper than a brand loyalist, Continental secured my loyalty. Again.

This is even more pleasing because several years ago I asked Continental — the reason why now escapes me — for a running tally of my earned miles. The agent who responded via email was curt: “We don’t divulge that information except by court order.” I forwarded the unusually hostile email to the head of OnePass, the loyalty program, who immediately apologized, provided the necessary information, and thanked me for my business. I suspect the customer service agent also received a scolding for not reflecting the proper service posture.

Continental still serves food. There are still pillows and blankets on the flights. Their rates are as good as anyone else’s. These are good reasons to travel on Continental. But business travelers demand a high level of service, the sort of service posture I have come to expect and enjoy from Continental. So unless I move to a city which requires extraordinary effort to connect to a Continental hub, or unless the airline goes out of business, or merges with another airline and the service posture declines to the industry’s lowest common denominator, then I will remain a fiercely loyal, and frequent, Continental Airlines traveler.”*

There are two lessons here for law firm leaders. One: identify the change triggers that are likely to signal a potential change in circumstance with your client’s buying patterns. Better yet, build this into a predictive index and apply it regularly to all clients that you wish to keep. Two: develop a proactive response for at-risk clients. The trigger vary, so the responses will vary. But the earlier you act, the greater the chance to salvage or even rejuvenate the relationship. You’re going to hit some roadblocks. Relationship partners tend not to like anyone looking over their shoulder. And data is hard to come by. And developing a collaborative response plan is a challenge in an organization where collaboration isn’t necessarily rewarded. But do it anyway. On occasion will you “poke the bear” and provoke a “Hey, we hadn’t been thinking about you lately but now that you mention it, we’re unhappy” response? Sure. But I’d rather control that conversation and stay involved in designing the outcome than have my competitor provoke the conversation unbeknownst to me. Loyalty isn’t dead. It just needs some attention.

Written by:

Timothy Corcoran

Corcoran Consulting Group on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.