Articles Posted in American Bar Association

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ABA Law Practice Magazine

Ah, the ancient art of face-to-face. Ironically, it is still perhaps the greatest business development tool known to man (and woman). Yet, as we seemingly get busier and busier each day, face time has been replaced by FaceTime and Facebook and all other sorts of live-people-avoidance tools aided by a variety of technologies.

This is not to say that those all-important “touches” that remind people of you, your law firm, your brand, your expertise—delivered by e-mail, newsletter, social media, pure advertising, online search or secondary public and media relations efforts are not effective. A touch is a touch. But actually seeing someone in the flesh in their office, at a meeting, over lunch or some other public space is still the most powerful and likely way to generate a new referral or matter.

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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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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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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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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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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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ABA_Logo.pngMicah U. Buchdahl of Moorestown, New Jersey has been appointed chair of the American Bar Association’s Standing Committee on Continuing Legal Education (SCOCLE), the entity that oversees CLE for the largest professional organization of lawyers in the world. Buchdahl, president of the law marketing consultancy HTMLawyers, was appointed by ABA president Paulette Brown.

READ PRESS RELEASE HERE

“There are numerous critical issues surrounding the continuing legal education of attorneys,” said Buchdahl. “They include diversity of faculty, consistency of educational requirements from state to state, how lawyers should best be positioned to meet CLE requirements and how bar associations are best positioned to deliver them.”

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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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