Marketing Attorney Blog

For the May issue of Law Practice Today, focusing on the theme of professional development, I asked my colleague Megan Greenberg, formerly Director of Professional Development at Richards Layton in Delaware to lead the charge as issue editor. Megan's experience as a practicing attorney and PD director, along with her involvement in the Professional Development Consortium (PDC) made her the perfect person to put together leading experts and authors, with timely qualified topics on the ever-increasing role of PD in the law firm.

If you are looking for a compendium of professional development topics and expertise, look no further than this month's LPT. Among the highlights are:

Peta Gordon's very timely piece on "The Other Half." With the popularity of Facebook COO Sheryl Sandberg's best-seller Lean In, the author talks about work/life balance following the birth of her second child. Peta is a senior associate in Kaye Scholer's litigation department. Her story will resonate with many female attorneys working to balance a demanding professional life with raising a family.

Nick Gaffney's Roundtable series takes on Law Firm Associate Perspectives on Professional Development, with contributions from Chandana Ravindranath, an Associate at DLA Piper in New York, Henry Warnock, with Ford Harrison in Atlanta, and Tracy Weiss, an associate at Greenberg Traurig in Phoenix.

Why are associate attrition rates so high? Author Rachel Silverman asks and answers the question in "Associate Engagement Is No Laughing Matter." A key reason is a lack of genuine engagement in the most important drivers of professional satisfaction. A savvy associate engagement strategy will increase your associates' motivation and productivity--and your bottom line.

Of course, I'm going to highlight my own contribution. In "Ethics Imperative to Business Development Learning," I address the way PD and marketing programs intersection when it comes to ethics compliance. From websites and social media, ratings and rankings, the ethical implications of marketing activities are varied and complex. Ensure your professional development program isn't forgetting the ethics component of marketing. It is highly embarrassing to law firm management than the letter from the state disciplinary counsel citing a firm for violating the RPC in marketing, advertising or solicitation.

To read the May issue, CLICK HERE.

For lawyers, there is so much more to LinkedIn than creating a profile, getting some connections and joining a few groups. The real value of participation is from the other products and services they offer. In this month's Web Marketing Today column, I try to address some of the components that go "beyond the basics."

Personally, I probably don't use LinkedIn the same way as many other marketing professionals or attorneys. I find the tool extremely valuable--but more as a super-powered directory of contacts for lead generation, competitive intelligence and a better source of data about people and companies. I find it very useful when following up with someone, learning more about a business card picked up at a networking function or refining a list of prospective clients. Others, however, spend hours on end building a network and doing a slightly more sophisticated method of cold calling.

As noted in the column, there is no disputing the power of LinkedIn. It is the second search result when looking myself up on Google--behind only my own website. With 200 million-plus users, there is a pretty good chance that the professional I'm looking for is in the network. He or she may have a skeletal profile and three contacts--but they are there nonetheless.

Like many friends and colleagues, I'm on Facebook multiple times each day. But I'm there to show you what my kids are up to, talk Phillies, Eagles, or Temple Owls basketball. My wife--a master at the "check in"--makes it easier for me to get served with a subpoena, since you know what restaurant to find me in on Saturday night. While I do mix personal and professional contacts, it is clearly a social environment. Depending on your practice area, it might be fertile ground for marketing. And with recent changes in design, it is becoming a more viable advertising option for law practices as well. But it is not for everyone.

Twitter, the third major player in today's social media circles, skews a little younger. The audience is huge, and loyal followers are avid. But, once again, the interest in participating among law firms is not always there. Somebody has to be tweeting all the time, and that does not work everywhere.

You may or may not choose to engage in Facebook or Twitter, but any business professional should maintain a level of activity on LinkedIn.

It is rare that I make a trip to Chicago or Toronto without spending an evening at Second City. There is nothing more entertaining (to me) than great improvisational comedy. Growing up, I was a Second City TV groupie of sorts, now possessing the entire DVD collection of SCTV. I love the creativity, thinking on your feet and ability to laugh at oneself (and others). So it was easy to talk about Drexel University Law School's "Improv for Lawyers" class in an article written this week by Associated Press reporter Kathy Matheson.

Matheson was writing about the uniqueness of such a law school elective, taught by actress/comedian Sharon Geller, who has also provided improv training as a CLE to lawyers in various settings. While this all coincidentally took place in my home base of Philadelphia, it was my role in the American Bar Association--as a past chair of the Law Practice Management Section and a current member of the ABA's Standing Committee on CLE that led her to ask about my experience and views on the subject. I was asked about the uniqueness of the program and the value to a new or seasoned attorney.

In many law firm retreats where I've participated in some manner--either in organization, as a speaker, or in conjunction with a business development project--an improv session taught by one of many skilled troupes in the United States (including Second City traveling casts) is used to develop skills including team building, public speaking, "thinking on your feet" and training for improved client and prospective client interactions. Improv has also been used by a number of law firms I work with for associate and partner professional development training programs in-house. Whether or not they qualify as "substantive legal training" as a CLE is a state-by-state matter--but that is a subject for another post. Whether or not it is CLE accredited, the program provides a useful training ground that incorporates numerous elements of law practice.

The Drexel class is a huge hit. The school has always been known for providing some out-of-the-box "real world" training. In a short time, the law school has done a nice job carving out space and a good reputation in an excellent Philadelphia area law school market (led, of course, by my undergrad and law school alma mater Temple).

In the AP article, Matheson quotes a former course participant and present Ballard Spahr associate about being prepared for responding to difficult things or difficult people. Yes, those are not wasted skills for a new attorney to possess. And at a time where law firms are becoming increasingly more focused on PD and business development, an ability to be creative, think outside the box and challenge conventions is not a bad thing to include in the workplace curriculum. Many law firms should take note of the interest that a course such as this one has generated. It takes some guts and personality to succeed on the improv stage. There is no question that the skill set translates to the practice of law.

Recent rulings and advisories by the National Labor Relations Board regarding social media policies in the workplace impact law firms in a variety of ways. Today's New York Times article by Steven Greenhouse reviews how the NLRB is basically telling employers to scale back limitations as it relates to many social media policies that might be seen as illegal blanket restrictions.

Can you really stop Facebook and Twitter from happening in today's workplace? Nope.

The NLRB says workers have a right to discuss work conditions freely and without fear of retribution, whether you are in the employee cafeteria or on Facebook. Although Facebook might have better food options (I said that. It is not in the article).

The bottom line--many companies are rewriting social media rules. If you want to read about social media in the workplace from an employment law perspective, you are better off going to Molly DiBianca on The Delaware Employment Law Blog. I'm here to discuss the potential impact on the law firm from an ethics compliance and business development perspective.

Having taught social media courses at many law firms, written a few of the policies myself, and conducted ethics compliance reviews for a number of the AMLAW 200, I can tell you that some of the policies--both written, unwritten and suggested--are somewhat out of whack with recent developments. I often remind some firms that they might "suggest" or "guide" employees (lawyers and staff alike), but some of the policies I've seen have been overbroad and overreaching. The Rules of Professional Conduct take care of many of the ethics issues for the lawyers. However, there are plenty of gray areas as they relate to LinkedIn profiles, Facebook posts and tweets.

Be sure your law firm's approach to social media is appropriate. Because it is one thing to read about a corporation coming out on the short end of these rulings; it is another for a client to see you listed as one of the offending parties.

In this month's Law Practice magazine, my colleague and alternating "marketing columnist" Greg Siskind provides an outstanding primer on the benefits and how-to of trade show marketing for the law firm. Greg's immigration law practice, Siskind Susser, has successfully used trade show participation as a significant marketing tool for many years.

In the article, Greg discusses budgeting, show selection, booth planning, working the booth, follow-up and ethical issues. Depending on the practice and the personalities, I've been a fan of trade show participation for lawyers--when appropriate. The breakdown is often in the lack of strategic planning, the people sent, and the all-important follow through. When you start adding up everything up from the organization sponsorship, to the booth development or rental, travel & entertainment, promotional giveaways and proper follow through, it can be a big nut in a practice group's marketing budget. However, if done right, and tracked properly, it can be a lucrative leader in generating new clients and matters. In most cases, attending a trade show is not a one-off event. It is usually the culmination of many other activities related to the specific trade, and often, a multi-year effort before a real payoff.

Many years ago, I authored a similar (but not as good) article on trade show marketing for lawyers. I discussed my own experiences and what I'd witnessed in visiting some law firm booths at a local Chamber of Commerce event. In reading Greg's piece and rereading my own, I'm reminded that in the right situation, trade show participation continues to often be an underutilized or under strategized component of a law firm marketing plan. However, if the target market is on-point and there is proper access to the attendees, it provides an opportunity often lacking in this age of social media and virtual society--in-person, real time contact with decision makers and buyers of legal services. But make sure that participation in a trade show is well planned and thought out, or the results can be detrimental instead of positive.

Someone woke up yesterday and thought it might be a good idea to provide better professional development training for attorneys. Go figure.

Last week, I had the privilege of spending some time with the leadership of the Professional Development Consortium (PDC) at their annual meeting in Washington, DC. For the record, this organization has been looking to organize and improve PD in (mostly large) law firms since 1990. While the group is growing rapidly, the reality is that for a long time it has been a relatively small gathering of people dedicated to delivering PD for larger law firms. However, the idea that the need for stronger and better investments in PD for partners (and in some firms, gasp, associates too), is not new or news.

With the ABA, I have had the opportunity to further professional development initiatives on multiple fronts. First, as a speaker and planning board member for the first two ABA New Partner Conferences, designed to provide a wide range of training--from business development and ethics to issues of diversity, electronic discovery, and managing legal relationships. Secondly, as the creator and chair of the ABA Law Firm Marketing Strategies Conference, founded in 2007, focusing on BD, marketing and overall rainmaking skill sets. Third, as a current ABA presidential appointee to the ABA Standing Committee on CLE--now entitled the ABA Center for Professional Development (go figure). Finally, as Editor in Chief of the ABA's Law Practice Today monthly webzine, we have joined forces with the PDC to provide a bi-monthly column (beginning in March 2013) from some of the country's leading PD professionals from the largest law firms, along with an entire themed issue dedicated to PD in May 2013. Thanks to PDC leadership, including Jennifer Bluestein of Greenberg Traurig and Jeanne Picht of Stites & Harbison, for helping to further develop this relationship. In addition, ABA LPM's sister publication, Law Practice, has an issue devoted to the topic as well in the coming months. In other words, the American Bar Association has long recognized the importance of PD and continues to provide numerous resources to lawyers and law firms interested in better training.

Recently, Claire Zillman of The American Lawyer, wrote about her publications' latest survey of new partners. The most significant finding she reported form the survey was that "new partners fear lack of training will hamper ability to win clients." The survey confirmed what many law firms know--that reaching partnership usually means you learned how to practice law pretty well, but nobody is talking to you about the need to develop your own book of business--until now! The survey results highlight the obvious. For decades, the concept of understanding the law biz outside of actually practicing law was considered an afterthought.

The incoming chancellor of my hometown bar, Kathleen Wilkinson of Wilson Elser, is touting the need for expansion of training and educational programs for the Philadelphia Bar Association, as one of her highlighted initiatives, according to Chris Mondics in The Philadelphia Inquirer. The story touts her plan to "institute a new speakers' series next year that will focus on bolstering young lawyers' skills in networking, business development, and other areas on the theory that many are not getting that guidance from their firms." In reality, especially at mid-size and larger law firms, this training needs to be as much a part of the internal curriculum as legal research and billing.

Over the years, I've had the opportunity to do numerous programs in conjunction with a law firms' PD professional or department, including introductory marketing training for summer and first year associates, rainmaking strategies for new partners, use of social media, ethics for everyone, and related areas of "the business of law." But the number of firms that do it seriously and do it right are small. Of course, this could mean I'm not being retained enough as a speaker, or firms are not doing it. Let's just call it a little of both. Either way, the concept and need for effective professional development in law firms is not news--but the changing marketplace, increasing competition and higher business acumen has once again brought the need to the forefront. PD is suddenly hot again, and just in time to grab an increase in the line item for your 2014 budget. Lawyers--young and not really young anymore--recognize that a lack of investment from the firm into an individuals' well-roundness as an owner or potential owner in the practice sends a message too.

This is the time of year where I'm working with law firms on developing strategic marketing and business development plans (and budgets!) for 2013. As I said to one marketing partner yesterday, while we need to be fluid and creative, you still need an outline and parameters to be as effective as you'd like to be. It is with that thought in mind, as we enter the final "holiday" phase of the calendar year that this month's LPT asked for contributions along that line.

Many thanks to Barbara Brown of Meagher & Geer in Minneapolis, MN for serving as the issue editor for the timely "Prepare your 2012 business development goals now" theme of this month's Law Practice Today.

Among the excellent contributions are those from a number of my Philadelphia-centric colleagues. Nancy Gimbol of Eastburn & Gray (and a member of the LPT editorial board) discusses establishing a culture for marketing and business development in a mid-sized law firm. Amy Galie and Amanda Steinbach of big firm Fox Rothschild address big law issues in "Business Development - Fail to Plan and Plan to Fail." Greg Stephens provides the managing partner view in "How to obtain and retain clients." Thanks as well to this month's feature contributors Allan Coleman, Greg Stephens, Steve Henning and David Freeman.

To read the November issue, click here.

If you are interested in writing for LPT, please contact ABA LPM for more information. We are always looking for good, original contributions from "real life" lawyers and industry experts.

Thanks,

Micah U. Buchdahl
Editor in Chief
Law Practice Today

Why do I have the feeling that discussing Women's Initiatives in law firms will only get me into trouble?

A recent report by the National Association of Women Lawyers finds that 97% of large law firms have women's initiatives, but that they often lack the funding and goals to make a difference. I read the entire 34-page report, and came to a few conclusions. First, nothing surprised me about the results. Second, most of the concerns correlate to one another. Yes, there are less equity partners, thus yes, women don't end up with as much rainmaking credit; thus yes, women don't end up in positions of firm-wide leadership (since they are not equity partners and not originating business); and yes, women don't receive the same compensation since they are not originating as much business. In the end, it all comes back to the ability to generate business.

What the report fails to do is offer any real solutions to the stated problems. I've worked with many similar initiatives over the last 10+ years and found mixed results. For the most part, it is not for a lack of funding. Law firms finance these efforts, and finance related activities. Surprisingly (that is my mocking voice), putting a firm logo or advertisement in a dinner program or similar magazine supplement does not make things better. Providing "workshops" on rainmaking by people that are not actually female lawyer rainmakers in real life don't help either (if you are going to be effective, then you need to provide women partners from your own law firm). And, finally, providing spa services and high teas (yes, these are done) does not lead a female associate into the partnership and leadership ranks of a law firm.

In highlighting "networking", the question is whether largely internal, female-isolated events really do anything to correct the problems of partnership, origination and compensation. Isn't your best bet to expose attorneys of any gender to the most successful rainmakers (of any gender) within your firms? Many of the networking events are subliminal (or not) recruiting and retention vehicles for women attorneys. With more and more corporate counsel expecting (and demanding) a more diverse mix, law firm leadership often sweat the lack of representation from the non-male core. Simply not having female partners can lead to lost business--and at the end of the day revenue is revenue, regardless of who specifically is bringing it in.

I've found it imperative that a women's initiative be led by example--by a female attorney that has successfully navigated the minefield to partnership at your law firm. Rather than run around and attend "women's" programming, attend practice-specific and leadership conferences that are not necessarily about gender. The greatest benefit of affinity groups--and I could say the same thing about groups directed toward race, religion, charitable or civic commonality--is that we are more likely to send business to similarly situated colleagues--thus the value there is in networking that would ideally lead to actual origination.

Where my views and ideas tail off is when the conversation really shifts from sexism and bias to work-life balance and parenthood. Many of the post-report articles morphed into discussions about quality of life, and in some cases, pointed to the publicized departure memo from a Clifford Chance associate. I read the memo, and to be honest with you, gave out a quiet "boo hoo." She briefly references her husband as a do-nothing helper. I have no idea who he is or what he does, but I can tell you that if he does not contribute his fair share to child-rearing, they can go see a therapist. That is not a big law issue, it is a marital one. There is a tradeoff to the money you earn at Big Law. In working with young associates, I'll often remind them that they are not earning $200k for nothing. And there are family decisions to be made by the "corporation" of two partners (if I sympathize with anyone on these issues, it is one parent households). You can maximize revenue at the expense of day-to-day happiness; hire help at the expense of raising your own kids; and have a household with two inflexible jobs that leads to constant stress. I live in a two professional household with two little ones (4 and 8), and we weigh the pros and cons of each of these things in all of our decision-making. I know that in the last week, I missed one day taking care of one sick kid and my wife missed one day taking care of the other.

If your firm is serious about narrowing the gender gap, then you need to get more serious as to process, procedure and where the money is spent versus being able to say that you support it and fund it. There is support and then there is support. Some of the most effective law firm management committee partners I interact with are female. For the most part, they are not thought of as "representing the female constituent" but are in those positions of power because they have been successful lawyers. Building initiatives that can lead to the desired end result would be a welcome change.

In the November/December issue of Law Practice, my marketing column is entitled "Auditing Your Efforts" and discusses the value and importance of a law firm objectively auditing its marketing and business development efforts. Read it to see how I compare myself favorably to Tom Cruise (although the editorial team deleted my reference to Scientology).

There was a time when spending money on an audit would have been borderline crazy--since so little time and effort was being invested--what did you really have to lose anyway? Today, however, law firms are investing heavily in these endeavors and often find that efforts are often...overpriced, ineffective, or simply off the mark. A proper audit is an important accompaniment to a strategic plan and a budget. The time has come where ROI needs to be measured, and a firm's marketing foundation solidified. It is not all that different from the recent energy audit conducted on my home--imagine how much I would save with the right equipment and resources in place? If your law firm has never conducted a thorough marketing audit, talk to me about it. Year-end and the start of a new year are perfect times to evaluate. As I like to say, stop throwing good money after bad.

The lead story in today's Law.com distribution of The American Lawyer Daily touted, "Survey: Generally Content, New Partners Fear Lack of Training Will Hamper Ability to Win Clients." One new partner quoted lamented, "I learned how to practice law, but I was not trained in how to develop business." Claire Zillman reports on the internal ALM study.

There is no question that this training issue is changing--I would not say rapidly, but there are certainly firms willing to invest significant sums of money in BD training ranging from entry as summer associates right through the partnership ranks. I recently saw a 100-attorney firm invest one million dollars in BD development for partners. More and more firms are taking professional development more seriously. Yet, there are still what might be a majority of firms that don't truly rank BD capabilities in partnership evaluations. I've met many a senior partner that has railed about the laziness of new partners, inability to originate, resting on the work of the past generation, etc., etc. We've all heard it.

Read the story and related survey for yourself. Last week, I chatted with a partner at an AMLAW 100 firm that was telling me how his firm did not credit any unbillable time toward year-end compensation. How do you get people to invest for the future, at the expense of the present, without incentive? There is a middle ground, and that should be the goal. Many of my clients refuse to train associates beyond some basics such as legal research. Yet, if I push too hard, the only lost BD will be my own. The truly great rainmakers usually took the long road--and have been able to benefit for the long haul.

The other stark reality for senior associates working up the ranks should be this--get BD help and get better at it, because you want to, not because the firm dictated it. In my work years, inside and outside the law, I have always believed that the majority of the time, the biggest revenue-producer is the most important player. You might think of yourself as generating revenue because you are billing hours--but in reality, you are simply delivering the services for the big man or woman that brought the work in the door. Yes, the bulk of the onus for providing, encouraging and fostering better business (and professional) development is on the management of the law firm, but some of the weight rests on the shoulders of the future "part-owner" of the law firm.

Recently, I authored an article on First Year Associate Marketing Plans: It is Never Too Soon to Start, for The Legal Intelligencer and Pennsylvania Law Weekly publications. More and more law firms are beginning marketing plan development for first-years, often setting the stage with introductory programs during the summer associate season.

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.