By Michael Gardner

Do you want to impress the partner you’re working for and win your client’s affections?  I know you do; I would give my left pinky toe to get a glowing review from a partner who celebrates birthdays more than he/she compliments associates.  The problem is, as young associates, we don’t always come up with that nugget of pure golden wisdom in the midst of a trial, deposition or conference call.  But, we can pick up those nuggets (and some unanswered questions) and repackage them to the partner/client with some creativity and original thought as the “post-mortem memo” and come out smelling like a rose.

I recently wrote one for a client following a favorable settlement in a products liability suit about one month short of trial.  We wanted to go the extra mile by writing the post-mortem memo, the purpose of which is to summarize the case and make recommendations to the client going forward.

In retrospect, I wish: (1) that it was my idea (it wasn’t.  Had I suggested it to the partner rather than the other way around I think she would have been pleasantly surprised by the initiative); and (2) that I had planned to write the memo all along (I hadn’t, it never occurred to me.  Taking notes in the heat of battle whenever we came across a good practice tip would have made writing the memo much easier).

One important element of a post-mortem memo is that it is non-billable.  That way, the client doesn’t think you are just churning the file after the fact.  Before you run screaming for the hills, keep in mind the potential upside.

As I see it, a good post-mortem memo could:

1. help you reinforce the lessons you’re picking up along the way and show the partner/client you were listening;
2. let you spend some time creatively thinking about solutions to your client’s problems (the non-billable side gives you the freedom to relax and mull it over.  It could be borderline fun – like Sudoku);
3. convince the client to send more work (this could be a “separate you from the competition” sort of project).  The client’s contracts and policies are fertile ground for post-mortem suggestions; consider suggesting helpful revisions. 

One caveat, I sent my first one to the client about two weeks ago, so I have no idea if the business development part pans out with any regularity.   Add a post if you have found them to be worthwhile (or not) or if you have any insights you want to share.