Articles Posted in ABA Law Practice Management Section

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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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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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ABA_Lead_Law.pngIn the December issue of the American Bar Association’s Law Practice Today, I recap the inaugural ABA Lead Law program, a lawyer leadership conference presented by the American Bar Association’s Law Practice Division.

I had the pleasure of being asked to serve as Vice Chair of the ABA Lead Law planning committee, but it was chair Tom Grella who really saw this program through from start to finish. The one day program offered varying perspectives on how attorneys lead and need to lead in their firms and in the profession as a whole.

Read the article for a recap of the speakers and their respective topics. To access the program and materials, visit ABA Lead Law.

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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.

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LPM_JA15_cover-nospine.jpgYou could also call my column in the July/August 2015 issue of the ABA’s Law Practice magazine, “101 Uses for an Article,” but in The True Value of Your Published Work, I discuss how sitting down to write one article can pay dividends in so many ways. The key is not to think about the time spent as writing one article for one publication, but more as writing one thing that will be repurposed in so many ways.

This very blog post you are reading is yet another use of one article. Perhaps you reached this blog post through one of my social media feeds. Or maybe I handed you this very column during a pitch meeting at your law firm or during a subsequent meeting with an attorney about business development planning.

Print deadlines being what they are, I just submitted my next column for Law Practice earlier this week. You won’t see it until November. I would never spill the beans on the subject matter, but suffice it to say that while rereading it, I was struck that the column could be turned into an entire CLE program…and you will likely see it as my Ethics Potpourri offering in 2016 for the Pennsylvania Bar Institute. It is a little disturbing that this idea came to me in my sleep last night (there are better things to dream about), but it occurred to me that the column could be the centerpiece of the program and the accompanying written materials. In other words, the four hours or so that I put into writing, research and editing will pay numerous dividends moving forward. You get the idea.

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LP_Today_Logo-e1401945551625.pngThe March 2015 issue of Law Practice Today (LPT) focuses on the theme of multigenerational and multicultural issues at law firms. As Editor in Chief of LPT, I wanted to also serve as the issue editor for this particular topic. It is an interesting one that seems to creep into conversations at my law firms and in bar activities on a daily basis. It is a struggle, and it simply can’t be ignored.

Depending on the size and makeup of your firm, you might have traditionalists, baby boomers, generation X and Millennials in the mix. Many articles provide the definitions and traits tied to each. They often have little to do with the lawyer business and more to do with employers and employees in general. I’ve changed the “generations” around a bit to better identify with the real struggles that law firm management encounters–what I call the originals, “junior” senior partners, next-generation partners and the largest…”others” (entitled “not an equity partner and who cares?).

What this topic really addresses are underlying and overlying issues tied to attorneys of different ages and generations–work-life balance, dual-income households, retirement, telecommuting, technology, social media, the billable hour, nannies and au pairs, quality time with the kids, and materialism. Besides age, factors and issues related to race and gender become part of a firm’s cultural makeup. It is one thing to fund a women’s initiative and another to have female partners. It is great to have a diversity officer on staff, if the end result is actually diversity. Yet a complaint of many departing attorneys of varying diverse backgrounds is that the culture was simply not comfortable.

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LPM_MA15_cover.jpgIn the March/April 2015 issue of the ABA’s Law Practice magazine, my topic is relevant to pretty much every practicing attorney (not to mention almost every human being on the planet). What does your online portfolio look like, and why should you care?

Every week, I will meet, speak with or e-mail a prospective client. While I will send them my own crafted biography, links to my website and blog, and additional information–what they will often be more interested in is what they find when doing a search for my name. With a somewhat unique first and last name, what they see will almost always be me. This is not the case with many that have more mainstream names to search for.

While some individuals and firms are forced to use reputation management companies to “fix” a page of results, most of us simply live with what we see. But the thought that you have no control over what appears is not accurate. Taking advantage of profile pages on powerful sites should help control that first page of results. Few will venture on to page two. Almost nobody will get to page three. And only stalkers are likely going beyond.

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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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