Law Marketing

Published on: November 15, 2013

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

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: 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: September 12, 2013

Fox Rothschild hopes I’m inscribed in the Book of Life for 5774

by Micah Buchdahl

Law firm clients know how much I love the annual holiday card agenda items each summer. You can’t hear the sarcasm in reading a blog post, but it is there. Topics of political correctness, hard copy versus electronic, mailing list and CRM issues equate to multiple meetings and numerous arguments. These conversations are debated and renewed each year. And the harsh reality is that those cards–delivered anywhere from mid-December to early January often get lost in the flood of well wishes we each send out and receive. To be frank, if you do or don’t send me one–I likely won’t recall it.

Of course, there are still cards that stand out from the crowd–for right and wrong reasons. I see some cards that I do feel are politically incorrect in the theme and message. Some firms have turned (successfully) to humor and use of e-cards–like Akin Gump and Manatt Phelps. I always receive an early Thanksgiving card from Bill Bowser and the employment law department at Young Conaway in Wilmington. It arrives before the others, thus stands out in the crowd. Infinite PR sends out a postcard with their holiday card allowing me to choose which charity they will make a donation to. That concept stands out as well. But it was a “first” for me that I enjoyed receiving via e-mail last week. While driving to Baltimore on Erev (the first night of) Rosh Hashana, I received an e-card from Fox Rothschild wishing me a happy (Jewish) New Year. I enjoyed the greeting and the thought, and was impressed by the uniqueness of a holiday e-card that was outside the scope of the winter holidays, Thanksgiving and what most people consider New Year’s (on January 1…5774, by the way, is the 2013 year on the Hebrew calendar). Differentiation and standing out…that is what it’s all about. L’shana tova right back at you.

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: August 5, 2013

NY Says LinkedIn “Specialties” Verboten for Law Firms; Attorneys? Sometimes, but mostly NO.

by Micah Buchdahl

If you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.

Published on: July 24, 2013

Law.com : Deciding whether law firms should have an app for that

by Micah Buchdahl

In the July 23rd issue of The Legal Intelligencer, an American Lawyer Media publication, reporter Gina Passarella writes on the topic of “Deciding whether law firms should have an app for that.” Ms. Passarella quotes me extensively on the use and development of apps in the law firm marketplace.

The article discusses a recent app launched by Fox Rothschild family law attorneys Eric Solotoff and Eliana Baer, where they compare the launch of the iPhone-enabled app versus blogging and social media–as marketing tools. Another app example highlighted is that of West Virginia-based Spilman Thomas & Battle for labor & employment, and Cleveland-based Benesch Friedlander‘s recruiting app.

Some of the “original” law firm-launched apps include those from Delaware’s Potter Anderson and multiple apps from Morrison & Foerster. I will discuss the use and development of law firm apps in my August 2013 Web Marketing Today column. Every firm wants one now…it is a matter of whether it makes sense. But most importantly, do you have an app concept that truly benefits your target audience? Most think it is just cool. And it is. But it needs to make sense for the firm and the practice. Otherwise, use the money for a fancy lunch–and get something in return for the expenditure.

Published on: July 22, 2013

WMT: Law Blogs – Free Speech or Marketing? Hunter v. Virginia Bar Concludes

by Micah Buchdahl

It seems like I’ve been writing and speaking on Hunter v. Virginia State Bar for years! And that is because I have. But, alas, now it has come to a close with the United States Supreme Court once again deciding not to hear a case regarding attorney advertising regulation. One of these days, though!

With “cert. denied” just last month, I thought it was a good time to review the case in my monthly Web Marketing Today piece. I found the case fascinating on a number of fronts. There were components in which I found myself agreeing in part with both sides. While I did not always agree with Horace Hunter, I found his no-holds-barred desire to stand on principle–despite enormous time and cost–valiant. He believed that he had a right to free speech, and he also felt that the Bar was picking on the little guy. As I note in the piece, most attorneys and law firms would have simply capitulated to the original correspondence from the state bar. Not here. Hunter never backed down and openly spoke about the matter through years of litigation. You can argue that both sides won something.

On the flip side, I did agree with the Virginia Bar in viewing the blog through the lens of advertising regulations, simply because I did not think this particular state’s rules really hampered Hunter’s blog and content. In some states, I might not feel as strongly toward that point of view. But the reality is that state bars are simply not equipped to start parsing the gray areas that exist in today’s world of Internet communication–changing rapidly. Way too rapidly for the Rules of Professional Conduct to keep pace with the nuances.

Published on: July 8, 2013

LP Magazine – Proper Hiring & Staffing of your Law Firm’s Marketing Team

by Micah Buchdahl

In the July/August 2013 issue of the ABA’s Law Practice magazine, my marketing column addresses a sensitive topic for many firms and law firm marketers–hiring and staffing. When I first became involved in recruiting and job placement of marketing staff for law firms, it was generally the last piece of the puzzle in developing a marketing foundation at a firm. Over time, more firms approached me to handle their recruiting efforts for law marketing professionals, as they found that most of the search efforts (either on their own or through non-lawyer marketing recruiters) ended up yielding them the same cast of characters and the same mediocre results.

As a practicing attorney with an expertise in marketing and business development, I can often better identify the candidates that match up with the particular practice areas and lawyer backgrounds.

Over time, many legal marketing professionals have sent me resumes or scheduled conversations so that they are on the radar when a job placement occurs in their geographic area. Make no mistake–the law marketing market is a lucrative one. Some markets have more jobs than qualified candidates. Others simply pay very well. Either way, it allows for speedy upward mobility–which often creates a game of hopscotch across many of the same mid-size to large law firms in a given city. Knowing whether a candidate is moving up due to success or simply being moved out is often a critical component to putting forth successful candidates.