As the February 8, 2015 premiere for the Breaking Bad spinoff, Better Call Saul, approaches, I could not help but revisit everyone’s favorite sleazy lawyer, Saul Goodman, and his experience and interactions with the man who decided he wanted to be “in the empire business,” Walter H. White, otherwise known as “Heisenberg.”

I missed Breaking Bad when it originally aired on AMC. I was too busy with work, raising small children, and working on a start-up. It also didn’t seem like my kind of show. And I was suffering from a Lost hangover. Yet several close friends and family members insisted, “You have to watch this show. It’s awesome.” I believe “awesome” is a difficult level to reach. But I gave it a shot.

On a cold December evening in 2013, I re-upped with Netflix and watched the series premiere. I thoroughly enjoyed it. Every minute of it. Everything from Walt telling his boss to do something disgusting with his eyebrows, to his explanation to Jesse Pinkman for why he would “break bad” so late in life (“I am . . . awake.”), to the final scene, when he gets home late at night, crawls into bed, and re-introduces his wife, Skyler, to the new purpose-driven, full-of-life Walter White. The rest is history. I binge-watched the show.

The best thing about Breaking Bad was that it raised the stakes every season. Each season, the show runners introduced something new that made things more interesting. In season 2, episode 8, we were introduced to Saul Goodman, a criminal lawyer – portrayed by Bob Odenkirk – who ran his practice out of a strip mall, had large Greek columns in his office, was known for his low-budget television commercials (“The Constitution says you have rights! So do I!”), and offered a vast array of hilarious one-liners and off-the-cuff remarks.

Photo by Frank Ockenfels/AMC

Goodman was perhaps best known for his utter lack of ethics and conspiratorial role in many of Walt’s and Jesse’s criminal undertakings. However, putting aside the sleazy nature and character of the man, Goodman remarkably embodied many traits lawyers should adopt. I am obviously not talking about the scene in which he explains the concept of money laundering to Jesse or similar reprehensible conduct. No one questions Goodman often took certain traits to an extreme. As Tim Ferriss wrote in his book, The Four-Hour Workweek, “It is possible to have too much of a good thing. In excess, most endeavors and possessions take on the characteristics of their opposite.” Goodman represents such an example of a lawyer who took his talents and qualities to an extreme.

However, if you looked behind the curtain a bit, there are many things all lawyers could learn from Saul Goodman. If you look past what Breaking Bad embellished about him, there are – by my count – 12 specific things every lawyer should learn from Goodman and apply in his or her practice.

So, without further ado . . .

1) Be a Zealous Advocate

“I fight for YOU, Albuquerque!”

The preamble and scope of the Model Rules of Professional Conduct states a lawyer must “zealously assert[] the client’s position” and be “a zealous advocate on behalf of the client.” There is no doubt Saul Goodman epitomized this requirement. He fought for his clients, advocated on their behalf, and produced meaningful results. Granted, he took that advocacy to an extreme and often compromised his ethics. But that misses the point.

In my experience, there is nothing a client appreciates – and deserves – more than to have an attorney who “goes to the mat” for his or her interests. Every lawyer should undertake a representation and advocate a client’s position and interests with enthusiasm and passion. In litigation, a client who engages an attorney often has a problem that produces a significant level of stress and anxiety. Knowing he or she has an attorney who is fighting hard to rectify that problem provides a very reassuring level of comfort.

2) Plan ahead

“Did you not plan for this contingency? I mean the Starship Enterprise had a self-destruct button. I’m just saying.”

In this scene, Saul Goodman chastised Walt and Jesse for not planning ahead and taking certain contingencies into account. (For the record . . . which one was his client? Or was the criminal enterprise the client? Never mind.) He understood that a lack of planning in the first instance could either produce difficult problems later on or leave a party with an absence of options to address that problem.

As a litigator, many of the cases I have handled often involved a dispute that could have been avoided if the parties had planned for the possibility of it occurring. When two parties have a contract dispute, for example, that dispute usually concerns an ambiguity in the contract or the absence of language in the contract to address a problem that has arisen.

A lawyer should focus significant effort on helping a client plan for issues and problems down the road, whether when drafting a contract for that client, negotiating an acquisition, or making a decision in the middle of a lawsuit. Proper planning at the outset alleviates the client of many headaches on the backend.

3) Provide comfort

“You’re now officially the cute one of the group. Paul, meet Ringo. Ringo, meet Paul.”

Photo by Ursula Coyote/AMC

Sometimes, a lawyer’s duties extend beyond the precise obligations stated in an engagement letter. Here, in this superb episode, Goodman humorously contrasted Walt with a battered Jesse as he stood by Jesse’s hospital bed. Unfortunately, the phenomenal ending to this episode – where Walt’s brother-in-law, Hank, had to figure out what to do with the phone warning that “two men are coming to kill you” and the fact that he had “one minute” to get out of his car and run or Tuco’s deadly Cousins would surely kill him – overshadowed Goodman’s humor . . . and lawyerly comfort.

A lawyer should always try and do more for his or her client. A representation should not just end with getting that contract signed or winning that motion to compel. Clients – whether corporations or people – always have problems. At times, they will need comfort or a shot in the arm that lifts them up and paves a way for optimism. Goodman’s twisted humor in this scene probably isn’t the way to go. But his heart was in the right place.

4) Be creative

Skyler White: “Do you even know Walt? I mean, how would he of all people buy a laser tag business? It doesn’t add up.”

Saul Goodman: “It adds up perfectly. Walt’s a scientist. Scientists love lasers. Plus, they got bumper boats, so . . .”

Saul Goodman was a master at helping his clients find ways to hide money or convert it into legitimate income. Here, setting aside the clearly illegal advice to purchase a laser tag business so Walt could launder the millions of dollars he was earning from cooking meth, you have to credit Goodman for his creativity.

When representing a client, many situations arise where doing the same thing other lawyers have done or applying the same kind of thinking may not be sufficient. Lawyers should strive to think outside the box and come up with creative solutions for their clients’ often complex problems. It takes more effort to go against the grain, but the results are often more productive and beneficial for the client.

5) Provide value

“Don’t drink and drive. But if you do, call me.”

Photo by Ursula Coyote/AMC

Another of Goodman’s traits was that he understood how to market and how to do so effectively. In today’s world, businesses that adopt the “givers gain” marketing philosophy and provide value to potential customers for free often attract more paying customers. Even if Goodman directed the advice above to Walt, Jr., it likely left an impression . . . and you couldn’t help but wonder who else Walt and Skyler would call if Walt, Jr. ever found himself in that kind of trouble.

Some lawyers often refrain from providing free advice or giving away helpful legal tips to non-clients because they feel they should be compensated for that information. This approach, however, is costing them valuable opportunities to demonstrate their expertise. Customers are more likely to purchase a product or service only when they understand the value they will receive. Lawyers should adopt this philosophy and be proactive about giving away helpful advice.

6) Tell a compelling story

“If you’re committed enough, you can make any story work. I once told a woman I was Kevin Costner, and it worked because I believed it.”

Whether or not this story was true, Goodman understood the concept behind it: Certain paths to success often require telling a compelling story. When a lawyer is an advocate for a client, he or she is more likely to persuade if he or she can craft an engaging story.

In litigation, for example, lawyers are much more effective when they can take the facts and information a client provides and convert all that into a convincing narrative that will sway a judge, arbitrator, or mediator to rule in the client’s favor. Because storytelling is less mechanical than the dry, logical progression of legal reasoning, lawyers should spend extra time learning how to convert uninteresting information into something anyone would want to read.

7) Get to know your client

[Talking to Skyler after Walt introduced his wife to Saul]

“Hello. Welcome. What a pleasure it is to have you. Just gonna call you Skyler if that’s OK. It’s a lovely name. It reminds me of the big, beautiful sky. Walter always told me how lucky he was, prior to recent unfortunate events. Clearly his taste in women is the same as his taste in lawyers: only the very best with just the right amount of dirty.”

Photo by AMC

Always the charmer, Goodman found a way in this scene – despite the circumstances – to, ahem, compliment his client’s wife and butter her up a bit. Even if her reaction wasn’t positive, again, Goodman had the right goal in mind.

A lawyer should always take the time to learn about a client.

If the client is a business, learn about that business. Understand it. Recognize what makes that business tick, and what needs it will have in the future. Imagine that you are responsible for the livelihood of that business.

For clients who are individuals, take them out to lunch (on your dime), and learn about them, their interests, their families. Become genuine friends with your clients. This approach will help you anticipate their needs and find cost-effective ways to solve their problems.

8) Be candidly honest

“Look, let’s start with some tough love, alright? Ready for this? Here it goes: you two suck at peddling meth. Period.”

--------------------------

Walter H. White: “What are you offering me?”

Saul Goodman: “What did Tom Hagen do for Vito Corleone?”

Walter H. White: “I’m no Vito Corleone.”

Saul Goodman: “No sh-t! Right now, you’re Fredo!”

Photo by Ben Leuner

Goodman was never shy about calling Walt and Jesse out on their mistakes or identifying their weaknesses. Lawyers should be equally as candid. A lawyer should always explain to a client the weaknesses of his or her position, or the challenges that lie ahead. When a lawyer promises a client everything under the sun -- particularly in litigation -- frustration will inevitably arise if events do not transpire as promised, and the pressure on everyone will increase. Although a brutally honest forecast for a case or a negotiation may dissuade a client from proceeding, it is much more preferable than the alternative, which can cause severe headaches for everyone involved.

9) Take on your client’s problems and solve them

“As to your dead guy, occupational hazard. Drug dealer getting shot? I’m gonna go out on a limb here and say it’s been known to happen.”

Goodman always knew how to address and solve Walt’s and Jesse’s problems. Perhaps the second most important thing a client will appreciate is knowing that he or she has hired someone (the lawyer) to deal with a difficult problem. Clients often encounter situations they do not know how to address, or they develop solutions they are hesitant to implement. Lawyers should understand that their role often is to assume and take on their clients’ problems. It may produce stress and anxiety, but that is the direct result of assuming this role. Fortunately, lawyers – particularly litigators – encounter similar problems all the time. The value we can provide is in using our experience and knowledge to help clients solve the same issues and disputes.

10) Don’t be afraid to encourage your clients to do better

“Alright, $16,000 laundered at 75 cents on the dollar, minus my fee, which is 17%, comes out to $9,960. Congratulations. You’ve just left your family a second hand Subaru.”

Goodman’s bedside manner in this scene left a lot to be desired (even if it was hilarious). However, he was direct and highlighted the inadequate results of Walt’s and Jesse’s meth business. It was harsh, but it drove home a point: Walt and Jesse had to step up their game.

Clients benefit more from a lawyer who develops helpful ideas for them and encourages them to do better. This kind of advice can manifest itself in many ways. For example, a lawyer can suggest a more beneficial corporate structure for an early-stage company looking to grow. A lawyer can also suggest a more effective negotiating stance in a settlement conference that will improve the client’s chances of resolving a dispute. Lawyers should never be shy about finding and suggesting ways for the client to improve his or her situation.

11) Incorporate flat fees into your business model

[To a client who has been arrested]

“I’m gonna get you a second phone call, OK? You’re gonna call your mommy or your daddy or your parish priest or your boy scout leader, and they’re gonna deliver me a check for $4,650. I’m gonna write that down on the back of my business card. Four, Six, Five, Zero. OK? And I need that in a cashiers check or a money order, doesn’t matter. Actually, ah, I want it in a money order and, ah, make it out to ‘Ice Station Zebra Associates.’ That’s my loan out. It’s totally legit. It’s done just for tax purposes. After that, we can discuss Visa or Mastercard, but definitely not American Express, so don’t even ask, alright? Any questions?”

Photo by Ursula Coyote

One of the best Saul Goodman monologues also reveals some of his most blatant and fundamental ethics violations. For example, shouldn’t that $4,650 go into a trust account? Who owns this “loan out” company, Ice Station Zebra Associates? Is Goodman splitting his fee with a non-lawyer? Is he an employee of this entity? Why funnel the money to that entity at all? Tax purposes? Unbelievable.

However, there is one take-away from Goodman’s monologue all lawyers should note: he is charging this client a flat fee. I have been advocating for years that lawyers incorporate flat fees into their billing. (We do this at my firm.) I abhor the traditional model where lawyers charge clients by the hour for legal services. That model pits the lawyer’s financial interests (more time = more fees) against the client’s interests (less lawyer time/work = fewer fees). It has never made sense to me.

In contrast, flat fees provide many advantages for both the lawyer and his or her client.

First, it harmonizes the lawyer’s interests with the client’s interests.

Second, it provides predictability for the client. The lawyer can quote the client a specific price, and that price does not change. (You know . . . the way practically every other good or service is priced.)

Third, it emphasizes the value of the lawyer’s service rather than his or her time.

Fourth, the lawyer can actually learn how to run a business properly. If Toyota can anticipate all known variables and place a flat price tag on a Camry, lawyers can perform a similar analysis, anticipate variables inherent in the service being provided, and quote a client a specific flat price for that service. A lawyer has fewer variables to worry about than Toyota. There is no reason lawyers cannot follow a similar model.

12) Get out there and network

“Better call Saul!”

Image by AMC

Goodman had a very effective networking “hook.” In his tacky commercials, and even in casual conversation, he always left a lasting impression with the catchy phrase “Better call Saul!” Many Albuquerque residents instantly remembered him because of that phrase.

The best networkers will tell you that you need to have a “hook.” Ivan Misner, the founder and chairman of the international business and networking group BNI, defines a “hook” as something in your introduction or explanation that so vividly describes your product or service that people will be able to visualize it clearly in their mind’s eye, and it makes it easier for them to refer you whenever they meet someone who needs your service. Goodman mastered this concept with his catch phrase.

Lawyers are generally good at lawyering, but not very good at marketing or networking. There are many companies and individuals who need legal services, but lawyers’ general inability to market themselves effectively prevents these clients from benefitting from the services of a competent lawyer. Lawyers should take a page out of Saul’s book and develop an effective networking hook they can use when meeting new people or marketing their services.

--------------------------

Saul Goodman wasn’t an ethical lawyer, and he embodied the kind of sleaze that many consumers have come to despise about some lawyers. However, once you dug through the humor and glorification regarding Goodman that Breaking Bad tried to emphasize, it is not hard to see that Goodman’s many antics started with a baseline of effective and helpful traits many lawyers should follow. Learning and applying the traits and strategies above will make you a better lawyer.

Just don’t cross that line that Saul crossed many, many times. Or else you’ll have to call Ed, the “Disappearer.”