Articles Posted in Speaking/CLE

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road-rules-logo.jpgThe December 2014 issue of Law Practice Today (LPT) is dedicated to the theme of New Partners, in advance of the annual ABA New Partners Institute in Washington, DC on April 17th. Amy Drushal of Trenam Kemker (a speaker for the NPI and co-chair of the first NP conference a few years back) served as issue editor.

I will also be presenting at NPI (and has served on the planning committee each year) on the topic of business development. However, at the recent ABA Women Rainmakers Mid-Career Workshop, I spoke on the topic of women progressing into partnership. While not talking, I took copious notes from esteemed fellow panelists for an article theme that fit right into the subject of partnership–whether you are trying to get there or are just arriving.

How do you get to partner? What are the criteria? What are the expectations? Can you have it all?

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Women_Rainmakers.jpgThe biannual ABA Women Rainmakers Mid-Career Workshop will take place November 7-8, 2014 at The US Grant hotel in San Diego, California. I will be speaking on a panel entitled “Progressing into Partner–Road Rules,” with an esteemed faculty that includes Rori Goldman of Hill Fulwider, Ali Sylvia of Plews Shadley Racher & Braun and Law Practice Division chair Bob Young of English Lucas Priest & Owsley.

I often remark to people that as a summer associate at Bernstein Shur in Portland, Maine, I quickly realized that my personality and career goals did not equate to a likelihood of becoming a partner at a law firm. It had nothing to do with Bernstein Shur–an excellent firm with outstanding people–but simply the partnership process at firms in general. My philosophy–right or wrong–was that if I was not going to be on a partnership track at a law firm, I’d just as well not be at a law firm at all. I won’t go into whether that thinking was right or wrong, but that was my approach at the time. In retrospect, I still think it was the proper path for me.

Of course, back in the day, most attorneys entered a law firm as summers or first years with the belief or understanding that you would put your head down for 6-10 years and lift it when the partnership committee came a’votin’. That is certainly way different today. As a matter of fact, most would argue that it is the opposite. Most attorneys start “training” at a law firm knowing they would not likely be there for the long haul–whether it is your choosing or the law firm deciding–maybe it is for life/work balance, maybe you seek a different area of practice, decide to relocate, or join a client in-house–the odds of becoming partner are better than a college basketball player making it to the NBA, but not enough for me to place a wager on it in Vegas.

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PBI.pngIt is hard to believe that I’ve been teaching the “advertising/marketing” ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I’m repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound and feel ancient.

As usual, I will be presenting this PBI program live in Pittsburgh and Philadelphia in April, August and December of 2014. My April programs take place on the 24th in Pittsburgh and 29th in Philadelphia–from 11:30 am-12:30 pm. For more information and registration, visit PBI.

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In today’s The Legal Intelligencer, reporter Gina Passarella writes about the trend toward sticking “business development” into the titles of many Philadelphia law firm lead marketers. She could have changed the title to “Philly Law Marketers should not let the revolving door hit them on the way out.”

The latest step (or misstep) for many of these firms is to add or change the CMO title to lead or include “business development” in it. Somehow, law firm management thinks this will make it all better. The irony is that most of the hires and candidates have the same set of credentials as their predecessors. It is nothing but semantics. Few have true BD experience, backgrounds or credentials. But that has not stopped many of these management committees from moving forward with their umpteenth marketing head of the last decade.

I often find myself reminding law firm management committees that there certainly is a connection between business development and marketing. In reality, every single employee of a law firm is somehow engaged in BD. We are all in business and we all are trying to develop more of the same. Marketing provides the image, messaging, tools and resources to develop said business. In corporate America, many CMOs are held to a number–meeting a revenue target, increasing market share, balancing the budget between them. In most law firms, it is the attorney that either generates a number–or not. They rely on the marketing team to give them what is needed to develop business. There are exceptions. But generally that is how it works.

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press_hat.jpgJoin me on February 13th in Washington, DC for a full-day tutorial on media and press relations, presented by the ABA Journal, in conjunction with the ABA Center for Professional Development.

I still recall my old friend Dan Leary telling me about a conversation they were having in the Major Indoor Soccer League office back in 1986. I was the PR Director of the New York Express and Sports Illustrated had sent top reporter Franz Lidz to spend the week shadowing the team. He was writing an SI piece about the importance of the New York franchise to soccer in the United States. Leary told me that in the league office they were trying to guess how high in the story I would be quoted. The answer was paragraph two. I might have been 23 years old, but I knew how to get myself quoted and interviewed–on TV, in the New York Times, Washington Post, SI and major dailies throughout the country.

In my pro sports days, I was known as a go-to guy by the media–for quotes, for off the record stuff, for ideas to fill a column or a TV interview. If you were a journalist, you knew that I’d call you back fast, tell you something you did not already know, and provide a colorful quote (even if I was giving an evasive answer). When I needed a favor–put this in the paper, don’t put this in the paper, quote this guy, do a feature on this player–I was paid back for being a reliable source. Some of the stuff I pulled was pretty clever. But even today, I would not write about it or give specific examples–I’m not sure the statute of limitations has run on everything. And many of those conversations and interactions were certainly off the record. But I was not a lawyer yet, so the Rules of Professional Conduct did not apply.

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Former ABA President Robert Grey will keynote the fourth annual ABA New Partners Conference, taking place on February 6-7, 2014 at the Swissotel in Chicago, Illinois. Advance registration for the full conference is only $300 for ABA members and $350 for non-members, making it the most affordable conference of its kind in the country. Between the programs and networking opportunities, this is a must-attend conference for any law firm new partners and those on the cusp of partnership.

Among the networking events are an opening welcome reception at Baker & McKenzie on February 6th, breakfast and lunch on February 7th, and a concluding reception. The always useful “speed dating” networking event following breakfast and before the programming is a not to be missed opportunity to meet other new partners from around the country. One of the things that really sets this conference apart from all others (and provides something internal professional development curriculum can’t) is the opportunity to meet other new partners and compare trials and tribulations. It also offers an outstanding opportunity to network for future referrals. Learn how other law firms and management teams face the challenges of partnership in today’s economy.

Visit the New Partner Conference page to learn more about the programs and schedule. A nationally renowned faculty of law firm and legal industry leaders address topics including:

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In the November 2013 issue of Your ABA, the monthly e-news for attorney members, they have effectively recapped my October CLE on lawyer rankings and ratings with an excellent top ten list of suggestions, based on speaker comments and the examples provided.

Nearly 5,000 ABA members tuned into the monthly ABA CLE Premier Speaker Series, which I led along with my esteemed colleagues–Florida Bar ethics counsel Elizabeth Tarbert and Best Lawyers co-founder and President Steve Naifeh. We were able to provide three very different perspectives of a powerful industry in the legal marketplace. Tarbert focused on bar compliance issues. Naifeh gave the perspective of the companies in this space. And I fell somewhere in the middle–since I provide guidance on ethics issues as an attorney and guidance on participation as a marketer.

The topic continues to spark controversy and interest in the profession–and will continue to do so as our business evolves. From the “original” Martindale AV to tier one in Chambers USA; top honors in the Best Lawyers/US News & World Reports law firm rankings to effective visibility on Avvo; working the popularity polls for your local-yokel “Top” Lawyer lists in your hometown to the truckload of lists, surveys and rankings from American Lawyer Media publications. There are thousands to choose from. Figuring out which matter is just the start of the process.

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ABA_CLE.pngAmerican Bar Association members receive free continuing legal education credits through the monthly CLE Premier Speaker Series. Sponsored by the ABA and the Center for Professional Development, thousands of attorneys participate in each month’s complimentary webinar program.

It is a tremendous honor to have my program, Lawyer Rankings and Ratings: The Impact on Ethics and the Profession, selected for inclusion, on Monday, October 21, 2013 from 1-2:30 pm Eastern Time. If you are an ABA member, be sure to take advantage of attending this timely and topical CLE.

There may not be a bigger “industry” in law firm marketing and business development circles than the continued growth and proliferation of rankings and ratings. The Rules of Professional Conduct and ethics opinions have tried in vain to develop workable ethics barriers and parameters, however, the impact on the profession is significant–from the time and money spent to the permissible uses for promotion. Learn about ratings and their methodologies, and the ethical considerations voiced by various state and national bar associations. From long-time services by Martindale, American Lawyer Media, Best Lawyers and Super Lawyers; to relative newcomers such as Chambers USA and Avvo; and the thousands of other companies that have recognized there is a lot of money to be made in the business of lawyer rankings. Are they helping buyers of legal services make more informed decisions or hindering the profession as a whole?

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specialties.jpgIf you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.

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aba_yld_logo.jpgIf you are attending the upcoming ABA Annual Meeting in San Francisco, California, you are welcome to attend this complimentary continuing legal education program being put on by the ABA Young Lawyers Division, at the Palace Hotel (Presidio, Second Floor) on Friday, August 9, 2013 from 11 am-noon PT. For more information, click here, or contact me directly for more information.

Moderated by Amy Drushal, a partner at Trenam Kemker in Tampa, Florida, I will offer tips and strategies alongside panelist Walter Karnstein, in-house counsel at Hewlett-Packard, who will provide the all-important corporate counsel perspective.

ETHICS CLE PROGRAM: Building a Book of Business: Ethical Boundaries and Sound Approaches to Business Development & Marketing