Articles Posted in Speaking/CLE

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PBIIn the 15+ years where I’ve taught the marketing & advertising ethics CLE hour of Ethics Potpourri, this years’ program has elicited some of the most fascinating exchanges from the audience. I teach this hour live in Philadelphia and Pittsburgh every April, August and December. The coming weeks include the live presentation in Pittsburgh on August 25th and Philadelphia on August 30th. For directions and registration information, visit PBI. If you missed the program in April and can’t make August, the December dates will be here before you know it.

The deadly Amtrak train crash in Pennsylvania last May (2015) serves as the backdrop for a program that examines whether today’s ethics rules regarding solicitation and advertising are still effective in protecting victims and their families?  For an attorney who believes in the reasoning and philosophy of the Rules of Professional Conduct, does waiting out a 30 day moratorium on contact mean you’ve lost out on the lucrative race for clients? The program examines related court cases, ethics opinions and the RPC as they tie into various forms of business development for plaintiff’s attorneys that are seeking clients in a highly competitive marketplace. Some of the concepts might disgust you—but they are kosher. Some might remind you that today’s society, spurred on by a different news cycle, social media and a more cutthroat landscape means changing the way you do business, and get business.

The program flows from a column I wrote for the ABA’s Law Practice Magazine in late 2015, Content Marketing is Outpacing the Ethics Rules. That column also elicited many e-mails from colleagues on the somewhat controversial subject matter. As I witnessed the aftermath of the deadly crash at home in Philadelphia, I watched the way attorneys used newspaper articles, press conferences, e-mail, social media, press releases and other semi- or non-“advertising” means to promote themselves and position their law firms for prospective clients. It reminded me that so many of the ethics rule in place today to protect the client are simply outdated or ineffective. Judge for yourself.

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law360.jpgIn today’s Law360, reporter Matthew Bultman writes on How to Manage the Millennial Lawyer. This is certainly one of the years’ hottest law firm management topics, and my interview with Matthew came on the heels of my panel participation in Bridging the Generational Divide: How Millennials Can Communicate with Baby Boomers and Succeed in the Workplace at the recent ABA Business Law Spring Meeting in Montreal.

“Running a major law firm has always had its challenges, but firm leaders in recent years have found themselves facing a new question: how to best manage millennials, a tech-savvy generation that values flexibility and wants meaning in work,” writes Bultman. “The truth of stereotypes around millennials — that they’re entitled, job hoppers, nonconformist — is debatable. But what is true, according to the Pew Research Center, is that the generation now makes up the largest section of the workforce.”

“You can’t keep things status quo or business as usual,” said Micah Buchdahl, the president of law marketing company HTMLawyers Inc. “There is a realization in BigLaw that you have to make these shifts if you’re going to attract the same caliber of talent you always have. A failure to do that will not put you in the market for the best talent that’s out there.”

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millenials2.jpgWhat do Baby Boomers expect from millennials in the workplace? How can and should millennials act in the workplace while still preserving their values? This program focuses on how millennials can communicate with Baby Boomers and other generations in a way that is collaborative and allows junior lawyers to thrive.

This diverse panel discussion features five attorneys coming at this hot law practice topic from different roles, ages, geographic locations and career experiences. Join Micah Buchdahl, President, HTMLawyers, Inc., Moorestown, NJ and fellow panelists Jonathan Stemerman, Shareholder, Elliott Greenleaf, P.C., Wilmington, DE; Jared Perez, Shareholder, Wiand Guerra King PA, Tampa, FL; Amy L. Drushal, Shareholder, Trenam Law, Tampa, FL; and Lauren Rikleen, Boston, MA for what should be a provocative and enlightening two hour conversation.

The CLE program takes place as part of the ABA Business Law Spring Meeting on Friday, April 8, 2016 at the Fairmont Queen Elizabeth in Montreal, Canada.

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PBI.pngIf it is August (another Pennsylvania bar CLE compliance month), then it must be time for another round of ethics CLEs for the PA Bar Institute (PBI). This month, besides my usual PBI ethics potpourri program hour (presented every April, August and December), you can catch me at the Jersey shore too, reprising “Linkedout and Mistweeted – Ethical Uses of Social Networking in Marketing Your Law Practice,” a hit program from 2014 (updated!).

Law Marketing and Ethics 2015 Update: Balancing Smart Business Development, Adhering to the Rules,” will be presented in Mechanicsburg on August 20th, Pittsburgh on August 25th and Philadelphia on August 27th. In the 38 years since Bates v. Arizona, law firm marketing has grown from whether or not to advertise to committing significant resources toward business development. The trick is to do so in an effective, dignified and ethical fashion. In this newly updated one-hour ethics program, learn about the rules, regulations and ethics opinions that require the greatest attention, how to improve your marketing efforts without missteps, and discuss real-life examples and intriguing hypotheticals in this fast-paced, entertaining course.

When PBI asked if I could reprise Linkedout and Mistweeted as part of the CLE Down the Shore program in Atlantic City on August 14th, I said sure. After all, how much could I really lose at the blackjack and craps tables before and after my session at the Golden Nugget Hotel? The answer, of course, is plenty. At least my room and meal are comped. However, “reprise” is a bit misleading–as my slide deck from December 2014 is already quite outdated. Social media issues continue to be prevalent. The program has been updated through July 2015 to include recent ethics opinions and rule changes impacted by the use of social media for lawyer marketing purposes. What are the implications of LinkedIn’s recommendations, endorsements and specialization components? How have state bars addressed these issues? You’ll learn the how-to, how-not-to and the latest lessons in social networking participation.

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TOlson.jpgSince the inception of the ABA New Partner Institute in 2011, I have had the privilege of serving on the planning board and speaking on business development each year. While many law firms provide excellent professional development to its attorneys from summer associate through associate and ideally partnership, ABA New Partner provides something unique that you can’t get in-house–different firm perspectives and philosophies, and the opportunity to network with fellow new partners from around the country–new partners eager to help one another build a bigger book of business.

This year, for the first time, New Partner moves to Washington, DC. And it is difficult to think of hearing from a bigger name partner than Ted Olson, and a more prestigious firm than Gibson Dunn.

For less than the cost of a billable hour, New Partner takes place as a one day conference in the heart of Washington. Make sure your law firm is represented with one or more of your new, recent or soon-to-be partners. It is built as a 50-person maximum program to better allow networking and intimacy among attendees and faculty.

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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.