Articles Posted in Law Marketing

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ABA Law Practice Magazine, March/April 2017

Diversity as a business development tool cuts both ways. For those law firms that lack it, there is often frustration in knowing there are matters and clients that they will lose. For those that have it, there are endless opportunities to be rewarded.

It was ironic that the March/April 2017 issue of the ABA’s Law Practice Magazine arrived the same week that I was working on another ABA responsibility—the March 1st implementation of the ABA’s new CLE diversity policy. As chair of the Standing Committee on Continuing Legal Education (SCOCLE), I have had the privilege of being involved in the many years where this policy was discussed, and ultimately adopted. Now I have the opportunity to oversee the implementation of a policy—that quite simply—requires an ABA program to meet a certain diversity threshold among the faculty, or not be accredited by the association. It is not unlike the requirement of many corporate legal departments that will dole out work to diverse lawyers.

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legal_tech_newsWhat do for-profit and nonprofit legal organizations stand to gain from publishing free or low-cost educational resources? Investment in a public good and expertise, to start, writes Law Technology News reporter Gabrielle Orum Hernández in the November 2016 edition.

In Online Legal Resources Straddle the Line between Public Good and Client Generation, Hernandez asked me about my experiences with the subject matter. I talked about a Hart-Scott-Rodino database I worked on with Morgan Lewis in the 90s—an early adopter for sure. I mentioned how I often use Tom Spahn’s legal ethics opinion summaries database at McGuireWoods—a great free online resource. I pointed out that many online resources that were once considered valuable content—links libraries, FAQs, online forms and brochures—were now often outdated, replaced by short and sweet videos, blog posts and on-demand webinars, podcasts and accredited (free) online continuing legal education (CLE).

But perhaps my most profound comment was sending her to my friend Greg Siskind, the king of online content development for the last 22 years or so at Visalaw.com. Greg’s start as a 26-year-old lawyer in 1994 trying to open up his own shop as a solo immigration attorney is the ultimate online rags-to-riches story—not as an immigrant (he’s from Nashville), but recognizing way back when that content development was the key…way, way before the term “content marketing” came into vogue.

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ABA Law Practice Magazine

ABA Law Practice Magazine

Although I typically write my marketing column around four months before publication (in this case, it was July 4th weekend), my timing for the November/December 2016 issue of the ABA’s Law Practice Magazine was spot on. It is early December and I’m in the thick of figuring out 2017 marketing budgets for about a dozen law firms. Micah…how much should we be spending?

In Law Firm Marketing Spending:  How Much Is Enough? I provide the answer.

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LP_Today_Logo-e1401945551625My first sit-downs with law firm management to discuss marketing strategies were 20 years ago. In the subsequent two decades, I held those discussions in the board rooms of Amlaw 100 law firms and in conference rooms of law firms with ten or fewer. Their approach to marketing expectations from young attorneys was consistently inconsistent.

Back then I was somewhat of a young lawyer. At least youngish. Not so much anymore. But there is certainly an increase in business development training and marketing support for newer attorneys. How quickly you are expected to assume a marketing role depends on the law firm. The larger the law firm, the less likely you will be asked to originate business any time soon. However, that does not mean you should not be laying the groundwork for when that expectation arrives.

Small and midsize law firms often like to indoctrinate young lawyers into marketing efforts sooner. After all, everyone at a boutique firm is a potential salesperson when out and about. There is a little more pressure to put you in a position to generate opportunities.

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LPM_JA16_1FrontDepts 3.inddAs National Football League coach Chip Kelly begins his first training camp with the San Francisco 49ers, my column in the July/August 2016 issue of the ABA’s Law Practice Magazine, A Business Development Coaching Clinic: Culture Beats Scheme, seems quite timely.

Much like many law firm BD coaching efforts, I wonder if Coach Kelly—who I believe is a smart guy, as are many of the attorneys I’ve coached—will make the necessary adjustments to learn from his past failings (and past successes). Unfortunately for me, his failings came with the Philadelphia Eagles, where I am a season ticket holder, as opposed to the Oregon Ducks, in which I have no personal allegiance.

The column looks at the heavy investment of time and money many law firms put into “coaching,” often with lukewarm results. I talk about the all-star attorneys—the rainmakers—that already know what they are doing. And the process that needs to be undertaken to make these efforts pay off.

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TLI.jpgWhen I chatted with The Legal Intelligencer’s Lizzy McLellan about Small Firms Look to Attract Middle Class With Flat Rates (TLI, May 6, 2016), she asked me about a law firms’ initiative that touted (in a press release) an original and unique attempt to target the middle class through the firm’s website. Unfortunately, I may have burst her (and that firms’) bubble when I said there was little unique about the website offering and less original about using the Internet to target this massive potential audience.

But it did get us talking about how much of a role the Internet has played in providing legal services options to middle-income individuals and families when it comes to estate planning purposes and related consumer-driven practice areas. I also noted that services from entities such as LegalZoom, Rocket Lawyer and Avvo often were competing with them, although in many instances, they are funneling work back to the same lawyers through various marketing initiatives.

For law firms, success on the web is driven by the power and credibility of their websites, paired with a combination of organic search results and paid online advertising–often a combination of both. But you can expect to spend on quality Search Engine Optimization (SEO) to win the battle of reaching your target audience. Make no mistake, I sit with law firms that are only targeting high wealth or possibly only targeting low wealth (more about quantity in numbers than quality of a matter).

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Thumbnail image for LP_Today_Logo-e1401945551625.pngPerhaps it is sad to think that customer or client service has gotten so bad of late that highlighting those that do it well should not be necessary, but it is. So many companies send us off to automated web and voice mail systems, force us to chat with folks half way around the globe that can’t speak the language too well and are flummoxed when forced off script, or in some cases show they simply don’t care. Where I live, Comcast’s monopoly means that no matter what happens I’m still a customer. When disgruntled with some experiences on Priceline, I simply took my business elsewhere. And in most cases, law firm clients can choose to do the same.

So when the service you receive is particularly personalized, attentive and caring, you practically go into shock. In serving as an issue editor for the Marketing-themed April 2016 edition of Law Practice Today (LPT), I contributed a feature story on Client Retention–It’s All in the Listening, which reminds us attorneys just how simple it can be to provide the type of client service that is both memorable and ensures repeat business. Taking some of my favorite personal recent examples–Kimpton’s Monaco chain for hotel travel, my long-time dentist Dr. Robert Marchinek, and two of the top Philadelphia restaurants in Bibou and Helm, I show how some simple listening and responsiveness goes much further than any sophisticated business development game plan can. It is all in the listening. See where you might fall in comparison to knowing the “personal” side of your clients.

With nearly 18 features and columns, the marketing issue of LPT is full of great ideas. In gathering articles for the issue, I thought about what I wanted to hear about and from whom. So I hit up some of the leading experts in the business to teach me something.

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LPcover_MarApr2016.jpgIn the March/April 2016 issue of the ABA’s Law Practice Magazine, my column asks the question: Do Lawyers Rule the Internet? Well, I would not ask the question if the answer did not lean toward “yes.”

With the 30th anniversary of ABA TECHSHOW on the horizon (and this is the TECHSHOW issue of the magazine), I examine the role that technology has played on the marketing and delivery of legal services. Google AdWord sales in 2015 approached $70 billion–and with 78 of the 100 most expensive keywords belonging to the legal profession, you realize just the impact the Internet has had on the practice of law, and vice-versa.

Throw in the changing landscape of social media, including changes LinkedIn made to accommodate attorneys (and the rules of professional conduct), and you can judge for yourself–do we indeed rule the web?

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LPcover_JanFeb2016.jpgIn the January/February 2016 issue of the ABA’s Law Practice Magazine, I was asked to put on my ethics attorney hat in authoring Struggling with Ethics Issues Surrounding Branded Networks. Issue Editor Nick Gaffney asked me to write this sidebar in a magazine dedicated to the theme of branded legal networks–a huge topic of discussion in law practice management.

There is not a more controversial area of lawyer marketing when it comes to interpretation and enforcement of the Rules of Professional Conduct (RPC) than the issues that arise from the ever-growing legion of branded networks in the legal profession. From Avvo and Justia to Best Lawyers and a slew of entities that may or may not be “lead generation,” the issues, rules and opinions vary from state to state. They remain…consistently inconsistent. One thing is for sure, these companies are not going anywhere. The question is where they end up fitting in the long term approach to business development among attorneys.

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LPcover_novdec2015.jpgIt was watching and reading news coverage from the aftermath of the deadly Amtrak crash in Philadelphia earlier this year that my marketing column topic came to light. Usually the theme finds me, and in this case, with each press conference, e-mail, press release and newspaper article–it occurred to me that Content Marketing is Outpacing the Ethics Rules (ABA’s Law Practice magazine, November/December 2015).

You can put this column under “Marketing” or “Ethics.” It works out well for my areas of focus. I spend the bulk of my time working with law firms on business development efforts. But I also maintain a niche ethics practice that only looks at marketing and advertising issues. Perhaps you will read this column and think of it as an ethics primer. Or you might read it and gain ideas and insight into marketing for a plaintiff’s practice. Before submitting my final draft to the Law Practice editors, I decided that I needed some differing perspectives beyond my own. The result was some hefty editing based on those thoughts. You’ll read some comments from the ethics attorney I myself turn to for advice, Tom Spahn of McGuireWoods. Some differing views came from my fellow LP columnist, Greg Siskind, who was focused on the value of content. A few unnamed ethics friends gave me some additional feedback and direction.

A number of pieces from The Philadelphia Inquirer‘s law firm beat writer Chris Mondics touched on many aspects of what I reference in his coverage of the Amtrak disaster–and the issues surrounding “the race for clients.” The simple speed of selecting counsel in today’s society–ramped up through social media and related technology tools–means that an attorney seeking a piece of this very lucrative pie needs to get moving fast. You might argue that your marketing needs to arrive before the actual matter at hand. The most successful lawyers in this space have figured out how to generate promotional opportunities without violating the Rules of Professional Conduct. If you are waiting for the dust to settle–as the 30-day moratorium was built to provide–you will find yourself a day late to the game.