In-House Counsel Seek Value From Law Firm Marketing Dollars
by Micah Buchdahl
Published by The Legal Intelligencer, 02-27-2008

Clarence Darrow is dead and the rest of you are fungible," said David Machlowitz, senior vice president, general counsel and secretary for Medco Health Solutions Inc., in Franklin Lakes, N.J. He provided this reminder while addressing lawyers and marketers in one of the seemingly thousands "what are in-house counsel looking for" seminars that take place each year.

I, too, have served as speaker and attendee at some of these sessions and rarely leave with any tidbits of information that anyone couldn't garner in a "common sense 101" class. As a former in-house attorney, I can tell you that the expectations for outside counsel are generally relatively simple: (1) be attentive and responsive; (2) keep an eye on costs; (3) whenever possible, provide me with a positive outcome.

The "fungible" label, while it may be insulting to some, is generally reality. The ability to provide sound counsel and added-value components is always nice and sometimes necessary. However, there are dozens, if not hundreds or even thousands of attorneys capable of delivering the legal services required.

As law firms continue to shift toward traditional corporate business principles, more money is being directed at marketing, advertising, business development and sales. According to statistics published by ALM Media, the largest 100 law firms in the United States spend an estimated $9 million annually on marketing; and the second 100 spend approximately $3 million a year.

The question is: Are many throwing good money after bad?

This past November, the American Bar Association held its inaugural national marketing conference in Washington, D.C. The event, which I chaired in my role as vice chair of the ABA's law practice management section, will be held twice yearly.

One of the central themes of the conference - wasted time and wasted spending by the large national law firms - met with resistance from local chief marketing officers and marketing directors in Washington. Yet, as I often find in conducting marketing audits for many of these firms, dollars and time are misspent in budgeting, staffing and strategic business development decisions.

In writing this article, I spoke with 10 general counsel from a variety of backgrounds and companies. While most preferred to answer anonymously, a couple were willing to go on record. All were emphatic and their comments were relatively consistent.

Few saw significant value in the marketing efforts of the law firms they use. And most shared similar opinions - that for outside counsel, there are better ways to spend business development dollars - and similar concerns - that much like skyrocketing associate salaries, spending on marketing has a trickle-down effect on the cost of legal services and a bottom line impact on in-house budgets.

"The end-results of these efforts are a huge amount of wasted expenditure," Machlowitz said. "I am looking for greater value at less cost. I cannot recall a single law firm marketing or advertising campaign that I would deem effective, with efforts ranging from expensive and pointless, to arrogant and unproductive."

Some general counsel noted the trend toward naming clients in firm marketing efforts and expressed the opinion that being referred to at all in their outside counsel's marketing was inappropriate. For the most part, companies are not interested in highlighting the need for legal counsel to the public at large. And outside of an offer of compensation in exchange for appearing in an advertisement (a GC-celebrity spokesman), there is no bona fide benefit to the corporate client.

Others pointed out that a lack of proper targeting sometimes has a negative impact. "The key to effective law firm marketing is targeting. If I do not feel like it is meant for me or my needs, I'm not going to pay attention to it," said Jeffrey A. Feirick, general counsel for the Clemens Family Corporation, in Hatfield, Pa.

"We use a large Philadelphia law firm for some matters. I must have received three or four promotional mailings touting their involvement in a separation of church and state case. I am part of a relatively conservative organization that does not necessarily agree with the stance they took. We are a business client and do not want to see a firm we use touting issues that are contrary to ours. Instead of having a positive effect, it leaves us asking, 'Do we want to continue to use them?'"

A number of other GCs cited law firm involvement in community and pro bono efforts that were equally counterproductive. "You always like to see charitable and pro bono participation, but, to be honest, I feel like those are just efforts that we as clients are subsidizing," said Machlowitz. "For what we pay, they should be doing a whole lot more."

One vice president and general counsel at a financial institution based in Philadelphia said nothing law firms did from a marketing perspective played any role in doling out millions in annual legal spending.

"Most of us practiced enough that our own network will supply 95 percent or more of our outside counsel," he said. "You use people you know and people that they know. I'm not going to put the company or my job at risk by using people that had nice ads or invited me to a Webinar. Do you really think I got to where I am by not knowing where to go and what to spend?"

Important Marketing Tools or 'Colossal Waste'?

Many of the endeavors directed at GCs fall on deaf ears, or simply fail. The GCs interviewed had comments on the various marketing efforts of firms.

Publications

GCs read GC-targeted publications, not magazines targeted to lawyers in general. Machlowitz pointed out that publications such as The American Lawyer (an ALM publication) highlight profits-per-partner and other reminders of how much money outside counsel is earning.

Industry Associations.

"I had a situation that called for a particular representation need. I called the respective industry association in New York, who referred me to a law firm that was a member of the organization," said Feirick. Many GCs cited the value in being an active or involved member of an industry organization, rather than a peripheral sponsor or advertiser.

Newsletters

GCs expressed no consistent preference for the method of receiving newsletters or client alerts through e-mail or hardcopy. Some prefer the ability to take the hard copy home with them. Others mentioned the value in forwarding the electronic version to other interested parties in the company. Many GCs did note, however, that only the first newsletter or client alert in the door on a particular topic likely would get read, regardless of the form.

Being Best, Super, Top, Great, Influential, Powerful or under 40

Being a Super Lawyer (or related accolade) means little. Feirick noted he is unsure of the nomination process, and Machlowitz's thoughts echoed my own. These lists generally contain some good lawyers and some lawyers that are good at self-promotion.

Martindale-Hubbell listings

Rumors of the demise of the gold standard in law firm listings are somewhat exaggerated but only somewhat. GCs interviewed admitted that Martindale-Hubbell still has some relevancy. "If I'm looking for the largest law firm in Bozeman, Mont. to handle a matter, I might turn to Martindale," said Machlowitz. In addition, with constant name changes and mergers in major markets, many well-known law firms can get overlooked.

Online listings

Few GCs use Google to find lawyers. None use Findlaw. Yet many use Law.com (a Web site operated by ALM) as a resource. And while a law firm's Web site is a biographical resource, few GCs use other components of Web sites, no matter how dynamic. None of the GCs had the time or inclination to visit a blog. "You've got to be kidding," one GC said. "I'm busy."

Branding

Across the board, those GCs interviewed could not identify a single law firm "brand" that stood out in their minds.

Media/Public Relations

While being quoted in the media can be beneficial, most GCs say they feel the quotes generally lack insight and are more likely placements by the firm's PR agencies.

Annual Reports

"This is a colossal misjudgment," said Machlowitz. "I would tell these firms to scrap their reports and instead spend time reading ours, our competitors' and key business partners.'"

Client Surveys

In the interest of full disclosure, I conduct these for a number of well-known U.S. law firms. Overall, general counsel saw client surveys as a positive step for both the client and the law firm. The corporate client is able to give feedback off the clock or the time sheet. And for firms, client surveys can provide more quantifiable results - both tangible (potential new business) and intangible (invaluable face time with a client) - than most other marketing efforts.

Some GCs noted that if the relationship partner does not take the time to do the survey, then it's essentially a waste of time. All agreed that having nonlawyers conduct the survey — regardless of their backgrounds in the legal profession - is a failed route.

Law Firm Functions

"While some seminars provide excellent content, too many are there to sell, or are 'teasers' to get the meter running on a new matter," said Machlowitz. "Do not invite me to a cocktail party," he added. "I'm busy, and if I'm going to take the time for a drink and canapé, I would like to do it with my family."

In contrast, a properly run continuing legal education seminar is a win-win situation for all involved. Feirick pointed out that no-cost, on-point CLEs on issues of interest to his company have significant value, and many firms routinely invite in-house counsel - clients, firm alumni and prospects - to their in-firm CLEs in some of the fanciest meeting rooms you'll find in any business setting.

Advertising is an Important element of any Business

All the in-house counsel interviewed agreed the ability to advertise is still an important element of law firm business development, and should be properly tailored to be effective.

"I understand the challenges and needs for firms to find new clients. You need to be able to market your services," said Feirick, who cites Wolf Block Schorr & Solis-Cohen and Pepper Hamilton among the firms on his short list of about a dozen firms. The list includes a specialized boutique for environmental law, a more focused farming and agriculture law practice out of Lancaster, Pa., a sole practitioner for landlord/tenant issues and the expertise and depth of a larger law firm for corporate work.

"I think most marketing departments fail to recognize the sophistication of the audience," said a New York-based GC in the entertainment industry. "There is a disconnect. The people that need to sell me are the people that not only have JDs, but have personal practice experience."

Show You Can Provide Value — and Mind the Clock

One GC made her thoughts quite clear. "Be cost-effective. Be responsive. Don't bill me for a two-minute conversation. Know my business."

"We look for diversity," said Machlowitz. "Show me minority partners and women partners. I'm not interested in how many offices you have or that you are nationwide. That just means you likely have less quality control and more conflicts. A lot of that overhead is getting passed on to me. We hire individual lawyers, not law firms. We use about 30 firms annually. We use some small firms for local matters, but we use all types. It might be a solo or a partner at Sullivan & Cromwell.

"The key is to tailor marketing to my specific needs," he added. "We are a Fortune 50 company. It is amazing how often we've changed up firms and the firm losing business never asks why. Instead, focus on providing some relevant and substantive legal information, like a checklist for conducting an environmental audit - that would be valuable."

A tool like a checklist for particular practice areas and issues gives a firm the opportunity to hand a client something that has substantive value at no cost to the company. While it might eliminate some smaller opportunities for the firm to consult or offer billable advice to the client, when the checklist identifies potential problems, the firm may have the opportunity to handle those new matters for the client. Another win-win situation for the client and the firm.

MICAH BUCHDAHL a former in-house counsel, is president of HTMLawyers, Inc., a law marketing consulting company, based in Moorestown, N.J. Contact him at (856) 234-4334 or micah@htmlawyers.com

DEAR LC: To be honest, if you have a heartbeat and a JD, and can not get ranked by somebody somewhere, you've got serious problems. As a matter of fact, you can send me a thousand bucks and I will name you the "Marketing Attorney Lawyer of the Week" (complete with an e-mailed PDF of a "plaque" and a gold star sticker from my three year old daughter's sticker book. I know it sounds sarcastic, but call me if you've got the grand handy.

In Karen Donovan's piece in Conde Naste, entitled "The So-So Adventures of Super Lawyers," the topic is addressed yet again. While quoting me is always brilliant, my favorite quotes were from the people (one was an attorney at Paul Weiss) that said how relevant it was...they were interviewed at the Waldorf-Astoria Super Lawyer Cocktail Party (where do you think the money for that came from?). If clients at Paul Weiss are using Super Lawyers as a guide, things have really changed at that firm. And I would hesitate to suggest that the party would be the place to get an objective pulse on the subject.

Anyway...I received six solicitations for "accolades" in the last four days. Between Martindale, Chambers, Best this, Great that, Who's Who and Who's Not Who...not to mention dozens of local-yokel "honors (in my backyard, there is SJ Magazine and South Jersey Magazine...both with "honors" and with accompanying lawyer ads)...there is no shortage of places to get myself named "Best Lawyer named Micah in South Jersey*". *--Not admitted to practice in NJ; admitted in Pennsylvania.

LC...If you are still struggling to get named, how is this for chutzpah (a legal term, I believe)? There are people selling webinars and seminars on "how to get rated and/or named to lists". The people that attend are ideal for these awards, as you already have a propensity to be a sucker. I've got an "expanded profile" in Florida with your name on it. For $300, you can sign up for a webinar that features people that you can pay to help get you ranked, people that are paid to fill out the ranking forms, and people that will sell you the ranking. Sending me the thousand bucks directly would accomplish your dreams quicker and easier. Those teleconferences and webinars just confirm the argument that these are not scientific or independent in nature...you just need to know what to say and how to say it.

Best of luck LC! Thanks for writing. And, in all honestly, thanks for the timely question.

Sincerely yours, THE MARKETING ATTORNEY

The Law Firm Marketing Strategies Conference commemorates the 30th anniversary of Bates v. Arizona, and examines the state of law firm marketing for U.S. law firms, and the hottest issues presently on the table. After three decades, what is the current state of law firm marketing? Where do we take it from here?

This is the purest educational conference in law marketing you will ever attend...and at a few hundred dollars, is the best use of business development funds for you and your law firm.

This not-for-profit, no-trade-show, no-vendor conference features thirty leading attorneys in the industry for an intense two day program in Washington, DC, November 8-9.

Do you want intense?

An ETHICS panel featuring one of the key players from Bates, the advertising ethics counsel from the Florida Bar, the litigator that argued for overturning the bulk of recent changes to the New York State Bar advertising rules, the deputy general counsel from an Amlaw 100 firm…and me moderating.

The MEDIA STRATEGY program includes Chris Lehane--advisor to the Clintons, Michael Moore and others often at the center of public relations firestorms—on a panel with editors and reports from BusinessWeek and The American Lawyer, among others attorney participants.

Other powerful panels include:

--How do your firm’s marketing efforts integrate with DIVERSITY issues?
--What are the best uses of TECHNOLOGY in law firm business development today?
--Is your firm WASTING lots of time and money on ineffective hirings and intiatives?
--In 10x10, hear 10 attorneys on 10 marketing topics for 10 minutes each on areas ranging from recruiting to client surveys, law firm networks to associate development.

Be sure to visit the ABA site today for more information, and make your hotel reservations soon. See you in DC!

APRIL

Ethics Potpourri--Bates at 30: Three Decades of Lawyer Advertising Ethics
Pennsylvania Bar Institute
www.pbi.org
April 19 in Pittsburgh, PA; April 25 in Philadelphia, PA

This year marks the 30th anniversary of the U.S. Supreme Court’s landmark decision in Bates v. Arizona—signaling the start of attorney advertising. Today, firms large and small spend significantly on law firm marketing. Yet, the continuing debate over First Amendment rights, the ability to market a law practice, protecting the client and the dignity of the profession continues. This one-hour ethics program will discuss the cases, ethics opinions, model rules and debates over whether Bates has advanced the business of practicing law and how many state bars have continued to struggle with its impact.

Note: This program will be repeated live in both Pittsburgh and Philadelphia in August and December 2007. Please consult the PBI web site for dates and information.

JUNE

Starting Your Own Practice – “A Practice of One’s Own”
Client Development for Your Practice
New York State Bar Association
www.nysbar.org

June 5 in New York City; June 12 in Melville, Long Island

Learn how to create a marketing plan that encompasses all necessary aspects of business development, including advertising, networking and public relations. Understand how to ethically follow the New York advertising rules as they relate to marketing and client solicitation, and get 20 tips on how to market on a shoestring. Micah’s 45-minute presentation is part of the full-day CLE program.

AUGUST

Ethics in Advertising: Blogs, Websites and "Super" Claims - Implications for Interstate Mediation, Arbitration and Litigation Practices
American Bar Association – Annual Meeting
Saturday, August 11, 2007 at 3:45-5:15 pm, San Francisco, CA
http://www.abanet.org

In this timely CLE program, the speakers will analyze First Amendment/commercial speech jurisprudence over the past 30 years, beginning with the Supreme Court’s opinion on attorney advertising in Bates v. Arizona; examine key provisions on attorney and mediator advertising in ethics codes across the United States; and present practical applications of ethics rules in the area of marketing by law firms and mediation firms. The panel of speakers will cover relevant ethics rules on advertising including Section VII of the Model Standards of Conduct for Mediators (2005), the ABA Model Rules for attorney advertising, California and Florida ethics rules on attorney advertising, and the New York Advertising Ethics Rule changes that went into effect on 2-1-07. The panel will discuss how the First Amendment and ethics rules impact issues on dignified and effective marketing, including applications to web sites, blogs, e-mail, public relations, "super” lawyer and mediator listings, “best” lawyer or mediator self-designations, lawyers who have mediation practices, and multi-state practice issues.

Moderator: Margaret M. Huff, Margaret Huff Mediation, Nashville, TN
Panelists: Rodney A. Smolla, Dean and Professor of Law, Washington & Lee University School of Law; Micah Buchdahl, President of HTMLawyers, Inc.; Susan Kay, Associate Dean for Clinical Affairs and Clinical Professor of Law, Vanderbilt University Law School.

SEPTEMBER

BLOGS: Ethical Considerations for Your Practice, for Your Clients
American Bar Association – Law Practice Management CLE Teleconference
Thursday, September 20, 2007 – 1:00-2:30 pm EST
www.abanet.org/cle/

Learn about blogs, and the impact that they are having on the practice of law—both as a business development tool for lawyers, and as a hot area of law for practitioners.

More details and full faculty are coming soon. Please visit the ABA LPM web site for further information on the LPM Third Thursday Teleconference Series.

NOVEMBER

The Law Firm Marketing Strategies Conference
Thirty Years of Law Firm Marketing 1977—2007
A Comprehensive Two-Day Program for Attorneys, Law Firm Executives and Marketing Directors
November 8-9, 2007 | Omni Shoreham Hotel | Washington, DC
www.lawpractice.org/marketingconference

Micah serves as conference chair for the ABA’s first stand-alone law marketing conference. He will moderate the ethics panel discussion and speak on the panel regarding “Wasted Time, Wasted Spending.”

Have attorneys and law firms become better at marketing? Or do we continue to throw good money after bad? How has it impacted our profession? And, most importantly, what are the most successful approaches to strategic business development today?

Conference Highlights:
• Return to Bates v. Arizona – the Ongoing Ethics Debate, featuring Van O’Steen from Bates and a distinguished panel of national marketing ethics experts
• The Diversity Dilemma – a very special program on legal profession diversity initiatives and its impact on the bottom line and structure of law firms and corporate legal departments
• From ‘No Comment’ to ‘No Problem’ – Developing a Media Strategy For Handling a Crisis and Growing Your Business
• Wasted Time, Wasted Spending – Law Firms continue to be ineffective in their business development spending. How should I budget, hire and spend?
• Technology Marketing – From web sites to contact management and every “virtual place” in-between
• TWO 10x10 Extreme Marketing Programs – 10 speakers. 10 topics. 10 minutes each.
If you have never attended this LPM original, prepare yourself for the most interesting speed-learning experience of your marketing life. Day One will feature 10 different law firm case studies dealing with 10 different marketing initiatives. Day Two will feature a technology version. Twenty 20 partners from 20 law firms throughout the country will present.

Why attend the most unique law marketing conference in the nation?
1. In two days, learn more about the state of law firm marketing and how to best spend your firm’s time, money and resources on effective business development initiatives.
2. EVERY speaker, presenter and panelist is an attorney. No vendors. No non-lawyer consultants. Hear first-hand from practitioners! And hear from a faculty that does not appear on the for-profit marketing conference circuit.
3. No trade show floor, exhibit hall or vendor panelists. Two days of programs, learning and networking.
4. From the heart of the nation’s capital, attend a great program for a substantially low price…from the largest professional legal organization in the world.
5.
It has been thirty years since Bates v. Arizona opened the gates for law firms to market. While the debate over the appropriateness of lawyer advertising continues, the reality is that law firms of all sizes and practices have been spending significant sums of money on business development.

The profession’s leading resource on law firm marketing—the ABA’s Law Practice Management Section—has developed its first full two-day comprehensive program to address the topic and teach practitioners the best ways to move forward with their law firm’s marketing plans.

The ABA has put together the most comprehensive business development program for lawyers, law firm executives and marketing directors ever assembled.

Register now for the ABA Law Marketing Conference, and take advantage of Early Bird rates.

For information on booking Micah for your law firm’s in-house or retreat programs for 2007 and 2008, please contact him directly through HTMLawyers.

Don’t believe what you read

Outside of what you read here. In perusing dozens of articles and blog posts, I read dozens of inaccuracies and inaccurate quotes (a lot of those interviewed misspoke about what the rules were all about). One article quoted a legal marketer that said these rules effected few attorneys in New York (do you know anything about law firm business development?). An attorney cited that NY was at the forefront of these advertising ethics issues (you are not). And I read lots of quotes from non-lawyer marketers that have no say or influence in these decisions. Attorneys that make up the state bar decide what attorneys are going to do.

The reality? The whole thing was much ado about nothing. There are a few hoops to jump through. But, issues that every state keeps grappling with remain unresolved. And if you know how to issue-spot (I hope you do, if you went to law school), then you should be able to write a professional responsibility final exam poking holes through much of them.

In a nutshell, what do I do?

Since you are not likely a paying client of my firm (they receive detailed and specific marketing ethics compliance advice…this is not legal advice…consult your individual attorney…your results may vary), here is what you need to be sure about:

• If you are a New York law firm or promote a New York office, you need to have the words “ATTORNEY ADVERTISING” on your home page. Not on every page. Depending on the promotional use of representative clients and matters, you may need additional disclaimer language.
• The retention rule for NY is three years for all traditional marketing materials. However, electronic (i.e. web and mail) are one year (and only “minor modifications” to the web site need to be copied and retained).
• Testimonials are still OK in most instances, but require additional disclaimer and other rule compliance.
• The Man from UNCLE can still do a paid endorsement, just so you let people know he was paid to do so and is not really a partner at your firm (although he looks damn close).
• While you can not use monikers, nicknames or mottos, you can list “bona fide professional ratings.” Good luck with that one, New York. If I have a billboard that says “It’s a bird. It’s a plane. It’s SUPER LAWYER,” have I complied? And outside of hearing from the IP attorneys at Marvel Comics, what are you going to do about it?
• Your best bet is to read the actual red-lined version of the rules, and educate your attorneys and marketing staff on them. That is what I do with many of the law firms where I assist with marketing ethics compliance. You should do the same.

For further information, visit the LPM Web Site for program details.

Or download the informational PDF brochure from ABA LPM:
Download file

Define Your Event Strategy: Maximize Your Business Development Opportunities
Friday, Feb. 9, 2007 Time: 8:00 a.m. – 10:00 a.m.
JW Marriott – London II room

Marketing on a Shoestring: Tips for Making the Most of Your Business Development Dollar
Friday, Feb. 9, 2007 Time: 10:00 a.m.- 12:00 p.m.
JW Marriott – London II room

Olivia Fox Cabane, Spitfire Communications, New York, NY
Claudia Clontz, Clontz & Clontz, Charlotte, NC
Micah Buchdahl, HTMLawyers, Inc., Moorestown, NJ
Jamie Diaferia, Infinite PR, New York, NY

One Plus One Equals Three: Men and Women as Collaborators
Friday, Feb. 9, 2007 2:00 p.m. – 4:00 p.m.
JW Marriott – London II room

ABA Women Rainmakers Networking Reception
Friday, Feb. 9, 2007 4:00 p.m. – 5:00 p.m.
JW Marriott – Pool Deck

DEAR JB: To be honest, I'm encouraging firms I work with to stop all Verizon Yellow Pages advertising, because of these types of issues. The reality, in my opinion, is that it is a dying entity. Besides the fact that there are numerous competitors (I do not know which book I keep in my own kitchen--Verizon or Yellow Book--myself), when I need to look something up, I go online anyway. And for one of my law firm clients, we have spent more time trying to resolve a dispute with Verizon this past year than we have on our own business development plan. The best bet is to simply cancel your listing all together. You can always go back later (regardless of "losing your spot in line" sales gimmickery). Perhaps, you will get a new manager or rep that can start you off fresh, or simply try some other marketing tools for a year or two and see how things net out. I have chosen to redirect some of the Verizon money to Yellow Book, simply to see if the product, services and results are any better. Please feel free to contact me privately for further information. Thanks for writing. I feel your pain. Sincerely yours, THE MARKETING ATTORNEY

This is the story of DelawareIPLaw.com, brainstormed and created by three associates in the Intellectual Property section at Wilmington, Delaware-based Young Conaway Stargatt & Taylor.

For more information on this subject, feel free to contact me.

Read the ARTICLE here.

DEAR JC: Oh, the dilemma of sucking it up and earning big bucks with little life, or rolling the dice on making a good income and doing what you want. I know it well. Contrary to some recent reports, many have found recent success finding a niche that stands between a solo and a boutique--the mini-boutique. In most cases, the mini-boutique has a specialty in which a corporate client finds greater value and lower cost. In most cases that I've dealt with, the mini-b is started by partners that have a book of business to get rolling. So, unless you know that there will be some clients to get going, you might hold off a littler longer. Some of the mini-bs that have met with great success are IP and employment practices.

You think that you are on the partnership track? If you are within three years of that next level, stay the course and then reconsider venturing out. If you are a third-year associate, unless you have some clients that will be making the move, you may struggle. And, of course, there is always the opportunity to find a better fit at a full-size boutique. The grass is always greener, baby! Let me know how things play out. SINCERELY YOURS, THE MARKETING ATTORNEY

DEAR SP: You've struck a nerve. There is no entity that has less of a shot of getting a piece of marketing dollar from one of my firms than Verizon Yellow Pages or Super Book or whatever they call themselves. Dealing with Verizon is the worst vendor interaction experience that I have faced ANYWHERE on ANYTHING. I am in the process of looking for law firms that have had similar issues with Verizon sales personnel. Since I am not interested in getting into litigation with them, I'll leave it at that. However, firms with such experiences should contact me privately. I've had much better experiences dealing with the folks at Yellow Book. But that does not really answer your question. In some undersaturated markets, there are still consumer-oriented firms that see and get value from Yellow Pages-style advertising. However, the impact in today's market is far less than it once was. It has become an overpriced entity that is often too crowded to be effective. If you have a huge budget, I still put money aside for a Yellow Book, but if my dollars are tight, I go elsewhere first. Sincerely yours, THE MARKETING ATTORNEY

While many firms are dropping big bucks on "attorney sales coaching" or "rainmaking" for senior associates and young partners, the reality is that these efforts would not be necessary if you started training them much earlier. While I often read about such "coaching" leading to million dollar paydays, the reality is that any focus or concentration on bringing in business will result in an increase. Unless you are just terrible.

If your law firm is interested in receiving a copy of this article, please CONTACT me. I would be happy to forward it along. It should provide a good guide to developing your own curriculum.

DEAR KK: Much like domain names, my first and often last question in response to a vanity phone number is "how intuitive is it?" Naturally, I see no value in a 1-800-ANTITRUST for a corporate law firm. However, for many plaintiffs' firms, a vanity number that resonates with the consumer can have tremendous value. Of course, it needs to be part of a solid, overall marketing plan. I often pass billboards for PI firms that highlight ridiculous phone numbers and web addresses. So ridiculous that I can not offer up an example, because they are so "not memorable." A number that sticks in my head after I get out of the car, or turn off the radio or TV, is a winner. That is the question you need to ask yourself. And when purchasing a vanity number from a third party (not the phone company), you should take a hard look at the cost versus the potential benefits. Thanks for writing. Sincerely yours, THE MARKETING ATTORNEY

As many of my readers know, I speak at law firms on a weekly basis regarding marketing ethics (usually as in-house CLEs and at retreats). This morning, I was greeted with e-mails and phone calls from about 30 of those firms seeking advice on how this affects them. Especially here in the Northeast, where many New York and Pennsylvania firms have a NJ office.

My general rule of thumb is that firms abide by the strictest state in which they have an office. In many cases, that state is Florida. New Jersey is not far behind. In Iowa, I just say to stop marketing.

In response to many requests, I have prepared a brief memo recapping the New Jersey opinion and its likely effects on marketing ethics, including suggestions on how to proceed with the marketing of many of these "honors" or "designations." However, this document is only available "by request" and will not be made available on the web. To request a copy, please contact me directly at 856-234-4334 or via e-mail (info @ htmlawyers.com).

In just a few days on the web, the new IMA reviews and Nifty 50 have seen over 25,000 page views of readership. Thanks for your readership.