In The News

Published on: December 23, 2013

LPT: ABA New Partner Conference Edition

In advance of the fourth edition of the ABA’s New Partner Conference, Law Practice Today highlights the topic with an issue dedicated to the theme of new partners. With the New Year upon us, many new partners are taking their places at the management tables of law firms throughout the country. Yet many find themselves wondering what the new role brings with it. Many of the New Partner Conference speakers and planning board members have authored the articles that coincide with their respective program topics.

LPT issue editor and conference speaker Amy Drushal of Trenam Kemker in Tampa, Florida, authors Transitioning from Associate to Partner: What now? Yours truly, also a conference presenter, writes about the new partner’s role in marketing and business development. Kerri-Ann Bent and Vanessa Cotto write on the effects of mentoring on the duty to supervise.

Avvo honcho Mark Britton discusses the New Partner Cheese–taking lessons from “who moved my cheese” to the law firm board room. Justia’s Tim Stanley, with co-authors Ken Min Chan and David Kemp, writes about building great relationships online, focusing on LinkedIn, Facebook and Google+.

Published on: November 21, 2013

WMT: The Upside/Downside of Online Publicity for Lawsuits

by Micah Buchdahl

In this month’s Web Marketing Today column, Pros and Cons of Online Publicity for Lawyers, I write about the issues that struck me coming out of Perez v. Factory Direct of Secaucus, LLC. There is a significant difference in determining the impact of media attention on a case in the “traditional media” days versus the “blog/social media” era. That is the lesson defendants’ counsel for Ashley Furniture learned when filing suit against the plaintiffs’ law firm for defamation–stemming from online publicity.

My article breaks down the impact and pros/cons that all parties involved–plaintiff, defendant, and counsel for both sides–in measuring how the World Wide Web might affect not only the outcome of a case, but the long-term consequences that can be far more detrimental than whether you won, lost or settled.

As I note, I would never have heard about what I’d suggest is a relatively common “employee lawsuit against an employer for wrongful termination”-type filing if not for the third party action taken by one law firm against the other for what amounts to unwanted publicity on the case.

Published on: November 15, 2013

Bloomberg BNA: Some Procurement Practices Thriving Despite Sequestration, Budget Cuts

by Micah Buchdahl

Sequestration may be bad for the economy, but it has boosted some law firms’ federal procurement practices, attorneys and marketing professionals told Bloomberg BNA, in an article by reporter David Hansen, published on November 14, 2013.

Those interviewed in the article included McKenna Long & Aldridge LLP Partner Elizabeth Ferrell, Lateral Link Group LLC Principal Larry Latourette, Center for Responsive Politics (CRP) Personal Finances Researcher Dan Auble, CRP Research Director Sarah Bryner, George Washington University Law School Assistant Dean for Field Placement Jessica Tillipman, and yours truly.

The story touches on what sequestration has meant for law firms’ federal procurement practices, including the impact on those practice groups, their desperate need to recruit experienced government contract attorneys for both litigation and lobbying, the impact on lobbying efforts, and internships–namely unpaid law school interns to fill staffing needs.

Published on: November 1, 2013

Your ABA: 10 Tips for Approaching Lawyer Rankings and Ratings

by Micah Buchdahl

In the November 2013 issue of Your ABA, the monthly e-news for attorney members, they have effectively recapped my October CLE on lawyer rankings and ratings with an excellent top ten list of suggestions, based on speaker comments and the examples provided.

Nearly 5,000 ABA members tuned into the monthly ABA CLE Premier Speaker Series, which I led along with my esteemed colleagues–Florida Bar ethics counsel Elizabeth Tarbert and Best Lawyers co-founder and President Steve Naifeh. We were able to provide three very different perspectives of a powerful industry in the legal marketplace. Tarbert focused on bar compliance issues. Naifeh gave the perspective of the companies in this space. And I fell somewhere in the middle–since I provide guidance on ethics issues as an attorney and guidance on participation as a marketer.

The topic continues to spark controversy and interest in the profession–and will continue to do so as our business evolves. From the “original” Martindale AV to tier one in Chambers USA; top honors in the Best Lawyers/US News & World Reports law firm rankings to effective visibility on Avvo; working the popularity polls for your local-yokel “Top” Lawyer lists in your hometown to the truckload of lists, surveys and rankings from American Lawyer Media publications. There are thousands to choose from. Figuring out which matter is just the start of the process.

Published on: October 29, 2013

LP Magazine – Branding is the Heart of Your Marketing Message

by Micah Buchdahl

In the November/December 2013 issue of the ABA’s Law Practice magazine, my marketing column talks about a favorite topic of many law firms (sarcasm) – branding! My constant yipping, yapping and yammering at the conference room table to law firm partners about branding is often met by head nods, eye rolls and that innate sense they believe my briefcase contains a liter bottle of snake oil.

Truth be told, there is really no such thing as marketing without branding. Because what we are doing with all that time, money and energy is developing, enhancing, refreshing or creating a brand or brands. Together with determining market position and looking to increase market share, the brand truly is the heart of the marketing message. This article should provide attorneys with a quick primer on what goes into branding–and why you need to care about it. There is a reason corporations spend huge sums of money protecting their brand–because that is what the public is buying. And damage to a brand or a weak brand identity will eventually lead to your demise.

Many attorneys and some law firm marketers still seem to think that a brand is a logo–determining colors and what type of coffee mug to put it on. When was the last time your firm refreshed its brand? Or conducted a branding & positioning audit? If you don’t know the answer, it has been too long. You’ve likely added an office here, a new practice area there, an attorney or two along the way. All of those components can shift your focus. If this is a topic of interest, you can learn more about Brand Development & Strategy here.

Published on: October 24, 2013

The End of Internships? Recent court rulings will only damage job prospects for many

by Micah Buchdahl

The recent spate of class action lawsuits by unpaid interns seeking pay is disturbing. Perhaps it is yet another example of my own failure to fully understand millennials. Or maybe these young ‘ins don’t understand that they are crippling their own job prospects. Unfortunately, many will no longer get the chance to decide for themselves. For many premier companies and opportunities, internships will be a thing of the past.

There has been lots of coverage about the legal underpinnings of these cases. And I was particularly intrigued by a guest blog post on Forbes.com from Jack Newhouse, a lawyer with Virginia & Ambinder in New York. He represents interns in lawsuits against Warner Music Group, Atlantic Recording, Chung King Studios, Viacom, Sony, Universal Music Group, Bad Boy Entertainment, Donna Karan, and Madison Square Garden Company. In his post, Unpaid Intern Lawsuits May Reduce Job Opportunities, Newhouse is basically instructing employers about the need to change with the times to avoid these payouts later. Instead, many employers are simply choosing to eliminate the internships altogether. But what he does not talk about is how damaging this is to the job prospects of many college kids entering the real world.

The success that I had in developing my public relations and marketing resume was built around unpaid internships. From the Baltimore Blast of the Major Indoor Soccer League (MISL) while in high school to internships with the Philadelphia Fever, MISL league office and the Philadelphia Flyers in college. Yes, they were unpaid. Yes, there was some grunt work. I still recall the pain of preparing and copying the weekly press clippings for distribution to the Flyers’ brass. Boring! And additional “administrative” responsibilities that did not really enhance my portfolio. We called it “paying our dues.” And for each of those lackluster chores came the opportunity to write articles for Flyer Magazine, draft a press release, work hands-on with members of the media, and hang out in the press box.

Published on: October 22, 2013

Mis-Tweet by Reed Smith Partner Highlights Social Media Ethics Issues

by Micah Buchdahl

Last night, my five year old son asked me what the “f” word was. While dancing around the answer, my nine year old daughter suggested she knew it and was pretty sure she had heard it from me. I won’t lie to you. I’ve used it from time to time. I’m sure while sitting in Lincoln Financial Field for the last nine Philadelphia Eagles home losses in a row, I’ve used it 10-10,000 times. But never online.

However, when Reed Smith real estate partner Steven Regan cursed at SCOTUS on Twitter, the story became a Reed Smith partner cursing on Twitter. It was not really about Steve. He quickly deleted his Twitter account, and if the firm functions like most big law firms I work with on these issues, he was probably met with a much more private profanity from some of his partners in management. If they were one of my clients for social media compliance, I might have actually said, “Steve, WTF!”

Unlike much of the work I do in making sure a law firm’s marketing efforts are compliant with the rules of professional conduct and the states in which they practice/market, this is not an ethics violation (although I did find one here, which I’ll point out in a moment). This is just bad publicity. Public relations crisis management. You simply don’t want people thinking your law firm does not know how to properly use social media. Especially a firm like Reed Smith, which has a significant media and advertising practice.

Published on: September 27, 2013

ABA CLE Premier Speaker Series — Lawyer Rankings and Ratings: The Impact on Ethics and the Profession

by Micah Buchdahl

American Bar Association members receive free continuing legal education credits through the monthly CLE Premier Speaker Series. Sponsored by the ABA and the Center for Professional Development, thousands of attorneys participate in each month’s complimentary webinar program.

It is a tremendous honor to have my program, Lawyer Rankings and Ratings: The Impact on Ethics and the Profession, selected for inclusion, on Monday, October 21, 2013 from 1-2:30 pm Eastern Time. If you are an ABA member, be sure to take advantage of attending this timely and topical CLE.

There may not be a bigger “industry” in law firm marketing and business development circles than the continued growth and proliferation of rankings and ratings. The Rules of Professional Conduct and ethics opinions have tried in vain to develop workable ethics barriers and parameters, however, the impact on the profession is significant–from the time and money spent to the permissible uses for promotion. Learn about ratings and their methodologies, and the ethical considerations voiced by various state and national bar associations. From long-time services by Martindale, American Lawyer Media, Best Lawyers and Super Lawyers; to relative newcomers such as Chambers USA and Avvo; and the thousands of other companies that have recognized there is a lot of money to be made in the business of lawyer rankings. Are they helping buyers of legal services make more informed decisions or hindering the profession as a whole?

Published on: August 26, 2013

WMT: Law Firms Join the Apps Craze

by Micah Buchdahl

If it appears this month’s Web Marketing Today article on law firm apps is courtesy of the Department of Redundancy Department, I apologize. In the time I was writing it, I was also interviewed on the subject by two law publication journalists reacting to what must have seemed like an onslaught on law firm press releases touting the latest & greatest app. But I certainly saved some of my tips and examples for the loyal WMT audience.

In Corporate Secretary magazine, Abigail Caplovitz Field writes on “Law firms offer mobile apps to attract new clients.” Her article revolves around two US Foreign Corrupt Practices Act (FCPA) apps developed by Latham & Watkins and O’Melveny & Myers. In developing apps, the type of law firm and the related content runs the gamut from global mega firms to mom & pop shops.

Almost every attorney involved in the development of an app at a law firm will (accurately) tell you that the expectation is not that it will generate new clients, but more likely offer a branding or awareness tool that (hopefully) will be seen as an added-value item by clients, colleagues and the media.

Published on: July 25, 2013

Buchdahl to present Ethics CLE on Building a Book of Business at ABA Annual Meeting

by Micah Buchdahl

If you are attending the upcoming ABA Annual Meeting in San Francisco, California, you are welcome to attend this complimentary continuing legal education program being put on by the ABA Young Lawyers Division, at the Palace Hotel (Presidio, Second Floor) on Friday, August 9, 2013 from 11 am-noon PT. For more information, click here, or contact me directly for more information.

Moderated by Amy Drushal, a partner at Trenam Kemker in Tampa, Florida, I will offer tips and strategies alongside panelist Walter Karnstein, in-house counsel at Hewlett-Packard, who will provide the all-important corporate counsel perspective.

ETHICS CLE PROGRAM: Building a Book of Business: Ethical Boundaries and Sound Approaches to Business Development & Marketing