In The News

Published on: July 18, 2018

AAJ Conference Track Focuses on Professional Negligence

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Home of AAJ 2018 Annual Convention

The American Association for Justice (AAJ) Annual Convention that recently took place July 7-10, 2018 in Denver, Colorado, was an eye-opening experience. I was asked to speak on Avoiding Ethical Missteps in Promoting Your Firm, as part of a Professional Negligence Section CLE Program track. Besides a multitude of CLE programs on themes that ranged from trampoline injuries to the hugely popular (standing room only) sexual assault litigation group programs in what is now the #MeToo era, I found that a walk through the Expo Hall offered dozens of vendors providing products and services geared toward marketing, business development, and simply getting leads…and converting them. Some were quite entrepreneurial and unique; some made me a bit queasy (regardless of whether I was wearing my marketing attorney hat or ethics attorney hat, or both). There are seemingly hundreds of companies with the “best” web development, SEO and PPC strategies. And, yet, there were products that got me to stop, watch a demo, and grab a business card.

The track in which I participated as a faculty member, Professional Negligence, offered an excellent day of subjects and attorney speakers, including: Finding Damages Through Every Witness Defense and Plaintiff, J. Jude Basile; my Avoiding Ethical Missteps in Promoting Your Firm session; Cross-Examination of Defendants in Medical Negligence Cases, Paul A. Casi; Captivating the Jury, William P. Lightfoot; Leveling the Playing Field: A Jury Selection System that Roots Out Bias, Keith R. Mitnik; Practical Application of Electronic Medical Records for Trial, James Puga and Don Hanson; The Affordable Care Act: Are Future Damages a Thing of the Past?, Emily G. Thomas; Topics in Calculating Economic Damages for Personal Injury and Wrongful Death, Gene A. Trevino; Direct Examination or “The Heart of the Trial”: Direct Examination From A to Z, Thomas J. Vesper; and Avoiding Legal Malpractice, David L. Wikstrom.

Published on: June 1, 2018

The Ethics of Virtual Law Practices and Multi-Jurisdictional Lawyering

by Micah Buchdahl

NewMexicoCLE-300x156 Recently, I had the privilege of serving on a panel at the American Bar Association’s Law Practice Division continuing legal education program on the ethics of virtual and multi-jurisdictional lawyering in Santa Fe, New Mexico. The program was co-sponsored by the State Bar of New Mexico, and took place on May 18, 2018 at the Inn and Spa at Loretto.

Moderated by Albuquerque-based practitioner Charles Gurd, panelists included fellow Philadelphia area attorney Dan Siegel, and Charity Anastasio, Associate Practice Management Advisor at the American Immigration Lawyers Association. It struck me that the audience interest, interaction and participation were greater than in the vast majority of CLEs that I teach. These two intertwining and overlapping issues—virtual law practices and multi-state jurisdictional issues—go hand in hand, and often create as many questions as answers.

When I’m driving down I-95 and leave New Jersey to cross into Delaware, I know it. When I then cross from Delaware into Maryland, I know it as well. I also know that if I’m caught speeding in Delaware, the only police I need to worry about are the ones with Delaware on the side panels. Of course, reciprocity when it comes to fines and points are sometimes blurry, but not nearly as confusing as crossing state lines in your law practice, typically on the Internet. However, as many of the CLE audience opined, most lawyers today have practices that are not confined to one or two states.

Published on: May 1, 2018

Successful Launch for Law Mentoring Weekend at the University of Delaware

by Micah Buchdahl

The Inaugural Law Mentoring Weekend at the University of Delaware

No law school? No problem.

The Legal Professional Preparatory Program and HenLaw Society at the University of Delaware just held their inaugural Law Mentoring Weekend on campus at Clayton Hall in Newark, Delaware. The program was designed to provide mentoring skills and actual mentoring (from U-D alumni) to students interested in pursuing legal careers while also offering attorneys that are U-D alums an opportunity to network with colleagues.

Published on: March 15, 2018

LPT: What’s New in Social Media Marketing for Lawyers?

by Micah Buchdahl

SM_Pic_LPT_2018-300x144 In the March 2018 issue of the American Bar Association’s Law Practice Today webzine, I put around 2,500 words to web in my article, What’s New in Social Media Marketing for Lawyers? It seems like just yesterday that Facebook, Twitter and LinkedIn (and plenty others) came into our lives. It’s been longer than that…as a nine year old post this morning on Facebook reminded me of an event from days’ gone by. The tools have changed, and for business development purposes, lawyers have had to change with them.

In preparing to write the feature, I kept putting down notes on various social media news, programs and events—seemingly by the hour. At the same time I write this very blog post, I’m mere minutes away from moderating an ABA CLE on The Law and Social Media: Tips for Every Lawyer, with my colleagues Cynthia Dahl, Kathryn Deal and Molly DiBianca, covering social media issues that range from employment law matters to tweeting jurors, messaging witnesses, friending judges, cybercrime and prosecution, DMCA and trademark issues, virtual law practices, professionalism, and marketing.

Just last week, the ABA released Formal Opinion 480 from the Standing Committee on Ethics and Professional Responsibility reminding lawyers of the confidentiality obligations for lawyer blogging and tweeting. It is an opinion that has been widely panned as being late to the game. This provides another reminder as to the speed that social media runs. The suggestions are already somewhat old and outdated.

Published on: March 2, 2018

LP Magazine – Marketing to and for Millennials

by Micah Buchdahl

LPcover_MarApr2018-235x300 Oh, remember the ‘80s? Alf, Madonna, Pee-Wee’s Playhouse, Garbage Pail Kids? I was in New Orleans to see Keith Smart’s last-second shot for Bobby Knight’s Indiana Hoosier over Syracuse in the NCAA Championship Game in 1987. I watched the Baltimore Orioles defeat the Philadelphia Phillies in the 1983 World Series (when the O’s still were more important to me than the Phillies). And I was at the Stanley Cup Finals between the Flyers and the Edmonton Oilers in 1985 and 1987. Those were just some of the games I attended in person. I worked in the Major Indoor Soccer League and the NHL during the 80s—attending hundreds of games. I remember the end of high school, my college years, first jobs, and the start of law school. Little did I (we) know at the time that those babies being born were—Millennials! And that—in the here and now—it would all be about them.

It certainly seems like every day over the past few years has had an issue or conversation regarding the topic of Millennials at the law firms I routinely visit. How do you hire them? (Can we even fire them?) How do you retain them? How do you work with them? How do you make them happy? And, as I write in my marketing column for the March/April 2018 issue of the ABA’s Law Practice Magazine, Marketing to and for Millennials.

The reality is that Millennials today are often the core focus for marketers. And for law firm marketers, there needs to be a shift in the approaches taken to be successful in this space. I’ve worked with law firms on efforts geared toward Millennials for a few years now. In 2016, I spoke on an ABA panel, Bridging the Generational Divide: How Millennials Can Communicate with Baby Boomers and Succeed in the Workplace. There was a Law360 article on How to Manage the Millennial Lawyer. And in 2015, I served as the Editor in Chief for an entire issue of Law Practice Today geared to Law Firm Management Struggles with Multigenerational Issues. As detailed in the column, I have had to shift my own marketing strategies—not only to engage the millennial lawyer, but more importantly, engage the millennial client.

Published on: January 18, 2018

ABA Midyear: Fishing for Prospects – Ethical Limitations Can Create Muddy Waters in Catching New Clients

by Micah Buchdahl

ABA Midyear Meeting, Vancouver, B.C., 2018

If you are attending the ABA Midyear Meeting in Vancouver the first weekend in February, reside in the B.C. area or simply are looking to escape to Canada (as so many U.S. citizens and non-citizens now are), be sure to attend this free CLE program, Fishing for Prospects – Ethical Limitations Can Create Muddy Waters in Catching New Clients on Saturday, February 3, 2018 from 2:30 p.m. to 3:30 p.m. PST at the Vancouver Marriott Pinnacle Downtown.

This ABA CLE, co-sponsored by the Law Practice Division and the Young Lawyers Division focuses on ethical strategies for business development and relationship building. We will cover ethic rules and related pitfalls when soliciting new clients and advertising your practice. The Rules of Professional Conduct, various US Supreme Court cases and numerous state bar ethics opinions can create an often-unseen myriad of issues when soliciting new clients.

Published on: November 17, 2017

LPT: The Niche Marketing Issue

by Micah Buchdahl

In a world where every law firm is (or says) they are “full-service,” comes this issue of Law Practice Today dedicated to niche practice marketing. Depending on your firm, practice and related industries, a niche can be many things to many people—with no real right or wrong answers…so begins the intro to my article on The Pros and Cons of Niche Practice Marketing in the November 2017 edition of the ABA’s Law Practice Today (LPT) webzine.

As a member of LPT’s Board of Editors, past Editor-In-Chief and past chair of the ABA Law Practice Division, I’ve long-enjoyed seeing the growth of the law practice webzine—which is delivered in the inbox of every ABA member (that opts into e-mail) and numerous syndicated bar association partners throughout the country, giving it the largest circulation of any online law practice resource in the U.S. I had the pleasure of serving as issue editor for the niche practice issue, with my colleagues Editor-In-Chief Andrea Malone of White & Williams in Philadelphia and Associate Editor Amy Drushal at Trenam Law in Tampa, Florida.

It is unusual for me to contribute two pieces to an issue, but I had to add a sidebar on How Niche Marketing Helped Me Escape an Arizona Traffic Jam as well. It goes hand-in-hand with an interesting article on When Photo Radar is Worse Than DUI by my (now) favorite firm in Scottsdale, Arizona. You’ll learn about the niche at R&R Law Group, along with how solid marketing efforts brought this educated consumer (that would be me) to their practice for counsel. Spoiler alert—they were 100% successful in their representation of the client.

Published on: November 16, 2017

Free PBI Program in Philadelphia — Mastering the Three Rs–Lawyer Ratings, Rankings & Reviews –November 28th

by Micah Buchdahl

Pennsylvania Bar Institute

In order to get your ethics credit while attending my annual PBI marketing ethics program, you will need to watch me “live…on tape…from Philadelphia” (Larry Sanders Show reference) on December 19^th in Pittsburgh or December 21^st in Philadelphia. HOWEVER, if you’re interested in the subject matter, you are invited to attend the free live taping of that program (without the CLE credit; written materials will be provided via e-mail in PDF form), at The CLE Conference Center in the Wanamaker Building on Tuesday, November 28^th from 10:30 am to 11:30 am.

If you are fascinated by the topic and enjoyed my recent ABA Law Practice Magazine column, Revisiting Lawyer Ratings and Rankings, you’ll learn a lot in this one hour program. Thank you to PBI for allowing me to extend an invite to the local lawyer and law marketing communities to attend the taping.

Published on: November 2, 2017

LP Magazine – Revisiting Lawyer Ratings and Rankings

by Micah Buchdahl

LPcover_NovDec2017-235x300 When I wrote my marketing column for the November/December 2017 issue of the ABA’s Law Practice Magazine, Revisiting Lawyer Ratings and Rankings, I lamented how dealing with the R&R industry felt like it took up time during every single working day. So it seemed somewhat ironic that the magazine arrived in my mailbox on the same day that I penned more than a half dozen press releases for law firms announcing their results from the 2018 U.S. News/Best Lawyers’ “Best Law Firms” honors.

Now it happens that as ratings go, I have respect for the good people at Best Lawyers and U.S. News. They are always easy to work with—and unlike some others named in the column—they avoid the used car sales approach with my law firm clients. They lend a guiding hand with the process, regardless of how much the firm might be spending on the “award” product line. Perhaps your experiences have varied. We all have very subjective feelings to who and what in this business is credible. You may find the ones that give you the highest honors to certainly be the most legitimate!

What entities are referenced by name in this month’s column? In order of appearance: Best Lawyers and U.S. News, Chambers USA, Avvo, American Lawyer Media (ALM), Lawyers of Distinction, Expertise.com, Yelp, Super Lawyers, Rising Stars and Martindale.

Published on: July 21, 2017

WSJ: Time to Rank the Rankers of Lawyers?

by Micah Buchdahl

Wall Street Journal

You have NO IDEA how much I nodded my head when picking up this morning’s Wall Street Journal and seeing reporter Sara Randazzo’s article on Time to Rank the Rankers of Lawyers? It has seemingly been a huge part of my work days over the past few weeks.

Unfortunately, you will have to wait by your mailbox for the November/December 2017 issue of the ABA’s Law Practice Magazine to see the marketing column I authored for it a few weeks back entitled Revisiting Lawyer Ratings and Rankings, which is a follow-up to my 2014 column, The Impact of the Three R’s: Ratings, Rankings and Reviews—which still draws e-mails and phone calls. In the column, I highlight past and present issues with an industry that is still burgeoning and remains largely unregulated (despite generally failed attempts by state bars and even the Better Business Bureau) to reign them in.