"ABA Law Practice Magazine"

Published on: July 11, 2023

LP Magazine — Market Share Competition Among Diverse Law Firms Heats Up, and Gets Heated

The cover of the final hard copy issue of Law Practice There seemed to be some irony in receiving the final, hard copy, mailed issue of Law Practice magazine in the same week that the U.S. Supreme Court effectively ended race-conscious admission programs at colleges and universities across the country. I won’t get overly political here except to say that I’m not a fan of SCOTUS these days, between these harmful rulings and ridiculously unethical behavior by appointed Justices that I would not welcome at my dinner table. It’s quite sad.

In Market Share Competition Among Diverse Law Firms Heats Up, and Gets Heated, my marketing column in the July/August 2023 issue of Law Practice, I address the state of doling out work to diverse lawyers and law firms—for the first time since my March/April 2017 column—a lot had changed. The first section of the recent column subtitled “Diversity in Reverse,” seemed so apropos after the SCOTUS decision. It already felt like progress that took decades to implement now saw courts turning back the clock. Again, quite sad.

Writing about competing for work in the diversity space was triggered by a joint report last year from the National Association of Minority and Women Owned Law Firms (NAMWOLF) and the Institute for Inclusion in the Legal Profession (IILP), “Understanding and Assessing the Use of Minority- and Women-Owned Law Firms by Corporate Clients.” Blend the George Floyd murder in with the COVID world of Zoom and Teams…and you get a picture of the modern landscape of the legal industry. There isn’t even a clear definition anymore of what diversity is, when contemplating the distribution of work.

Published on: March 1, 2023

LP Magazine – Guilt by Associations

by Micah Buchdahl

ABA Law Practice Magazine In my March/April 2023 marketing column in the American Bar Association’s Law Practice Magazine, I address the pros and cons of organizational involvement in Guilt by Associations.

It should come as no surprise that I tout my ABA involvement as a core component of my own business development strategy. At some point, I decided I was going to go “all in” on ABA activity—and it has been beneficial on so many fronts. For me, as an attorney, I wanted to network with other lawyers. And because my own business and practice is national in scope, a broader-based organization made more sense. As a bonus, many of my closest friends today are people I met through ABA activity.

Now my home for most of the last 20+ years of ABA membership has been the Law Practice Division. But choosing the right places to hang your hat have a lot of variables—geography, practice type, cost, ability to travel, ability to meet on nights or weekends, ability to build a referral network, exposure through writing or speaking, and opportunities to be a leader. Are you an introvert or extrovert? Who else is active in the organization? The thinking should go well beyond, “I live in Chicago. I should join the Chicago Bar Association.” Or “I’m an IP lawyer, I should go to INTA.” It might involve a women’s initiative, or something outside the scope of legal, like a House of Worship or Museum group. Some of the wisest moves in organizational involvement is to sit on a board with huge potential clients on the left and right of you—but in a completely non-work, non-legal setting.

Published on: November 10, 2022

LP Magazine – Marketing Ethics Compliance Continues to Confound

by Micah Buchdahl

Marketing Column

In the November/December 2022 marketing column in the American Bar Association’s Law Practice Magazine, Marketing Ethics Compliance Continues to Confound, I combine a number of business development topics into one.

When writing my column, I often start by thinking about what “hot” areas I’m working on at the moment. In the 21 years-plus since launching HTMLawyers, I’d say most years that the bulk of law firm clients have been on the marketing and business development guidance side; a slight amount dedicated to my related but separate ethics practice. However, in recent years, it has flipped. I find myself spending a lot of time behind the desk reviewing a vast variety of marketing campaigns for law firms around the nation—not to give my two cents on the marketing aspects, but to review for ethics compliance. I help law firm managing partners and GCs sleep better at night. They don’t want to be at the helm when that disciplinary letter rolls in, or worse. It is a practice area loaded with inconsistencies, confusion and varied levels of enforcement. All of which makes it a super fun area to practice.

Published on: July 21, 2022

LP Magazine – Recruiting and Staffing Your Law Firm Marketing Team

by Micah Buchdahl

LPcover_JulyAugust2022-231x300 The last few years of recruiting and hiring marketing staff for law firms has certainly been interesting. On the plus side, law firms continue to invest in marketing and business development personnel. Some might argue that it is even more important as we come out of COVID and start to connect and reconnect with clients, prospective clients, and referral sources. The law firms that have retained me have been wiling to make the proper investment to hire the right people. On the minus side, depending on geographic location (I’ve placed marketers in the MidAtlantic, Northeast, Midwest, and South in the last year), the pool of candidates can be quite shallow. I won’t go into specifics, but some markets simply have more available talent than others.

My marketing column in the July/August 2022 issue of the American Bar Association’s Law Practice Magazine, Staffing Your Law Firm Marketing Team, addresses many of the issues and concerns that law firms have (or should have) when it comes to new hires. Like the job market everywhere, there are lots of moving people and moving parts. In some cities, the best some law firms can do is poach junior personnel from competing law firms by overpaying. This is happening more at the lower to mid-level positions on a marketing team. To oversimplify things, you end up hiring someone else’s marketing coordinator by offering him/her $75k when they are earning 50k where they are.

Pre-COVID, there was no talk of hybrid versus fully remote, and less discussion of a willingness to hire in a satellite office market versus one of a law firm’s more substantial office locations. As I often tell my law firm clients, I’m still a bit old school when it comes to having a marketer that you can see and interact with at the water cooler on occasion. On the flip side, I’ve had some marketers complain to me that it made no sense to sit in an office when 95% of the attorneys there are working from home (or the shore, or in the Virgin Islands somewhere). I’ve found that “back in the office” is more about geography than a law firm deciding across the board. I’ve sat down in many law firm offices across the country in the last year—yet not a single visit to New York City (which is a quick New Jersey commuter train from my home), although I’ve been to ballgames and other sporting events in NYC.

Published on: March 2, 2022

LP Magazine — The Return of Law Firm Retreats

by Micah Buchdahl

LPcover_MarchApril2022-232x300 In that brief time snugly between delta and omicron, I had the opportunity to speak at a law firm retreat. Live. In-Person. With people. No masks. In a hotel. Food served. It was circa 2019 and it was so nice to put on a suit and close the Zoom app. In the March/April 2022 issue of Law Practice, I discuss The Return of Law Firm Retreats.

An argument can be made that the law firm retreat in 2022 or 2023 will look and feel a lot different from those in the past. For a myriad of reasons:

Mergers and movement of attorneys and practice groups did not stop over the last few years, meaning there are lots of people at your law firm that you’ve never actually met before. The retreat becomes the perfect venue for getting acquainted.

Published on: November 18, 2021

LP Magazine – The Law Marketing Up/Down Drill 2021

by Micah Buchdahl

LP Magazine - Leadership Issue The third annual Up-Down Drill, which played off my favorite morning-after column in The Philadelphia Inquirer after an Eagles game (why did Jeff McLane stop doing it?), was one of the more difficult to write. In the November/December 2021 issue of Law Practice, The Law Marketing Up/Down Drill tackles relationship-building, lawyer ratings, webinars, social justice and getting back out in the real world for in-person business development.

It was especially difficult to write due to my failure to prognosticate exactly how COVID would play out since the first quarter of 2020. It is still hard to believe we’re getting ready to hit the two year mark—and normalcy still seems to still be slightly in the rear view mirror (remembering that “objects are closer than they appear”). However, I finally got to go out and do my first in-person presentation last weekend—a law firm retreat in the DC area—in front of a crowd and without a mask over my mouth), so there is that. See my next LP column for more about the return of the law firm retreat.

Roaring back—hopefully—is true blue relationship building. While Zoom happy hours and wine tastings were quite the creation, the option of grabbing a drink or lunch or golfing has never looked so good. And as I’ve been counseling my law firm clients, strike while the iron is hot. People are not overbooked or over traveling yet—and are eager to accept the invites. That will not last forever. The “I’m way too busy to get together” will return in time.

Published on: August 17, 2021

LP Magazine – Getting to In-House Without Ending Up in the Outhouse

by Micah Buchdahl

LPcover_JulyAugust2021-231x300 Yes, I went with the lowest hanging fruit of topics for my marketing column in the July/August 2021 issue of Law Practice, Getting to In-House Without Ending Up in the Outhouse, by doling out pearls of wisdom as it relates to a law firm’s successful pitching of corporate counsel. It never fails to draw an audience.

Unfortunately, one of the key pieces of advice is simply this—everyone is different. It is a very subjective measuring stick. And for some reason, many articles written, and programs presented respond to a handful of in-house folks’ personal philosophies as if they were trends in the industry. When I drafted the column, I used as an example the Benjamin Moore & Co. decision to dismiss its entire legal department. Spoiler alert—it was not a trend. It was a one-off. And if I were writing the same column from scratch today, I’d replace that example with the recent uproar created by Eric Grossman, Morgan Stanley’s longtime chief legal officer, who sent a “warning” to the bank’s outside law firms about their policies allowing remote work and “the lack of urgency to return lawyers to the office.” Hey, if that is a “requirement” for Eric and/or Morgan Stanley—then perhaps my law firm would comply to get or retain the business. Because, as I said, it is a subjective target.

Of course, putting the squeeze on law firms to get attorneys back into the office is probably a little tone deaf today. Most of the law firms I work with and interact with most certainly would like to see attorneys and staff back in the workplace—but not at the expense of health and safety. They also must balance the happiness of associates—who are often in positions to bolt for greener pastures if they don’t like the arrangement. Work from Morgan Stanley would be great; but if you don’t have lawyers to staff it, then you lose regardless.

Published on: March 4, 2021

LP Magazine – Replacing Face-to-Face in Business Development

by Micah Buchdahl

LPcover_MarchApril2021-231x300 Earlier this week, I read an interesting article about how business travel will never fully return, because you can just go on Zoom, saving a ton of time and money. The story and premise all made sense until a quote at the end saying that the first time someone lost a sales pitch to a competitor that presented in-person—they’ll be right back on those airplanes. And I shook my head knowing that was so true.

Zoom fatigue is very real. Many of us have slowly chopped down on screen time whenever possible. However, when you really think, imagine life without it the last year? At least we see each other’s faces. What if the whole year was just thousands of hours of faceless conference calls?

Most of my phone and videoconferencing meetings with attorneys and law firms these last 13 months or so have revolved around the topic of my marketing column in the March/April 2021 issue of Law Practice, Replacing Face-to-Face in Business Development. While the subject of virtual online meetings is already old and stale (if you have not figured it out by now, nobody can help you), unfortunately we are still living a life of staying relevant and visible without the fun part of business networking—lunches, conferences, social outings—all those things that in the end really seal the deal for new business, winning business, referrals and references. I hope this column is soon very outdated (I’d like it to be laughable), but the timeline I give out about resuming face-to-face is a moving needle. So we still need to approach much of 2021 like we did most of 2020. Having said that, I’m scheduled to get dose one of the vaccine this week—and with it you start to think a little more wide-eyed about the people you can see and the places you can go. My calendar now shows some very possible business and conference travel in Q4. You can only hope.

Published on: November 5, 2019

LP Magazine – Marketing Musical Chairs

by Micah Buchdahl

LPcover_NovDec2019-231x300 There was some sense of irony that on the same day the latest issue of Law Practice arrived via the U.S. Mail that I was in Philadelphia talking to the Greater Philadelphia Law Library Association at their 2019 GPLLA Institute Bringing a Marketing Mindset into the Law Library program at Drexel’s Kline Institute of Trial Advocacy. You may be wondering how I am going to tie in that speaking engagement into the subject for my marketing column in the November/December 2019 issue of the ABA Law Practice Magazine, Marketing Musical Chairs.

At the GPLLA program, I was asked to speak on the topic of “Marketing Your Organization’s Milestone Anniversaries.” For my remarks, I was able to basically work from my magazine marketing column from 2014 on Age over Beauty? Marketing a Law Firm’s Anniversary. Another friendly marketing reminder on the power of blogs and search—in making content not only still relevant six years later, but repurposing itself into a speaking slot.

What do librarians have to do with the rapid turnover of professional marketing personnel in the law firm business? Well…back when I started working with law firms on marketing and business development initiatives in the late ‘90s, it was not unusual for a law firm to point me towards the library when chatting with the person in charge of marketing. While we were technically nearly two decades beyond Bates vs. Arizona and the ability for lawyers to market themselves at the time, attorneys were super slow to accept and adapt. So the person that updated the text-heavy, pay by the line, six-figure investment that was the Martindale-Hubbell print directory listings was marketing in their eyes.

Published on: July 6, 2019

LP Magazine – Wild Pitches: Law Firms Often Miss the Strike Zone

by Micah Buchdahl

LPcover_JulyAugust2019-237x300 In the nearly 20 years that I’ve run my law marketing consultancy, HTMLawyers, there are few things I enjoy more than the in-person pitch. For me, those pitches are always at law firms, and often are delivered to a variety of audiences—a few select attorneys, a management committee, or marketing committee. But I always feel like if I have the opportunity to describe my services and offerings “live” that I have a great chance of getting the business.

Of course, I also find from time to time that those opportunities are not real. Some firms are just looking for free advice, others are looking to get a better price out of their current providers, and some really have no idea what they are looking for (but it is not what I’m selling). While I never hesitate to spend out-of-pocket travel and time on a pitch invite that sounds viable, I still feel a bit deflated when I quickly realize I was wasting my time. But that goes with the territory. On the flip side, there are pitches that I thought were a waste of time and turned out to be quite lucrative. Yet others did not pay off at that moment in time, but many years later. In some cases, declining the invite–which I did not too long ago from an Am Law 200 law firm—can be the smartest move yet. You just know it is a loser. So you don’t waste your billable time and money on something that was not going to be profitable.

Just this week I was preparing one of my law firm clients for a huge pitch opportunity at a Fortune 100 company. In reviewing the correspondence between the in-house legal department and the law firm, I was as excited about it as if it was me doing the pitching. Because I know that getting in the door to sit down with corporate counsel and pitch a law firms’ services is as good as it gets in business development. Yet I continue to be amazed how many law firms blow it…and that is the subject for my marketing column in the July/August 2019 issue of the ABA Law Practice Magazine, Wild Pitches: Law Firms Often Miss the Strike Zone.