Marketing Attorney Blog

Published on: November 21, 2012

LPT: Prepare Your 2013 Business Development Goals Now

This is the time of year where I’m working with law firms on developing strategic marketing and business development plans (and budgets!) for 2013. As I said to one marketing partner yesterday, while we need to be fluid and creative, you still need an outline and parameters to be as effective as you’d like to be. It is with that thought in mind, as we enter the final “holiday” phase of the calendar year that this month’s LPT asked for contributions along that line.

Many thanks to Barbara Brown of Meagher & Geer in Minneapolis, MN for serving as the issue editor for the timely “Prepare your 2012 business development goals now” theme of this month’s Law Practice Today.

Among the excellent contributions are those from a number of my Philadelphia-centric colleagues. Nancy Gimbol of Eastburn & Gray (and a member of the LPT editorial board) discusses establishing a culture for marketing and business development in a mid-sized law firm. Amy Galie and Amanda Steinbach of big firm Fox Rothschild address big law issues in “Business Development – Fail to Plan and Plan to Fail.” Greg Stephens provides the managing partner view in “How to obtain and retain clients.” Thanks as well to this month’s feature contributors Allan Coleman, Greg Stephens, Steve Henning and David Freeman.

Published on: November 19, 2012

Are Women’s Initiatives in Big Law Firms Really Underfunded, or Misdirected?

by Micah Buchdahl

Why do I have the feeling that discussing Women’s Initiatives in law firms will only get me into trouble?

A recent report by the National Association of Women Lawyers finds that 97% of large law firms have women’s initiatives, but that they often lack the funding and goals to make a difference. I read the entire 34-page report, and came to a few conclusions. First, nothing surprised me about the results. Second, most of the concerns correlate to one another. Yes, there are less equity partners, thus yes, women don’t end up with as much rainmaking credit; thus yes, women don’t end up in positions of firm-wide leadership (since they are not equity partners and not originating business); and yes, women don’t receive the same compensation since they are not originating as much business. In the end, it all comes back to the ability to generate business.

What the report fails to do is offer any real solutions to the stated problems. I’ve worked with many similar initiatives over the last 10+ years and found mixed results. For the most part, it is not for a lack of funding. Law firms finance these efforts, and finance related activities. Surprisingly (that is my mocking voice), putting a firm logo or advertisement in a dinner program or similar magazine supplement does not make things better. Providing “workshops” on rainmaking by people that are not actually female lawyer rainmakers in real life don’t help either (if you are going to be effective, then you need to provide women partners from your own law firm). And, finally, providing spa services and high teas (yes, these are done) does not lead a female associate into the partnership and leadership ranks of a law firm.

Published on: November 14, 2012

WMT: Blogging for Lawyers – Lessons Learned

by Micah Buchdahl

This month’s Web Marketing Today column discusses the good, bad and ugly in the world of law firm blogging. As the bumper sticker says, “If you can read this, you must be on my blog.” Anyway, that in itself highlights one valuable element of blogging–in cross-promoting other marketing and publishing efforts.

I’ve selected successful blogs in the small, medium and large law firm categories to highlight approaches and styles–from Silverberg Zalantis, Young Conaway and Reed Smith. In the world of blogs, they are all operating on an even playing field.

One of the ways I know that blogging is still “where it’s at” in cyberspace is simply following the steps of my long-time web collaborator Pavel Ushakov. Between Pavel and Justia’s Tim Stanley, much of the direction and advice I give myself (and others) comes from following their paths. Tim practically shamed me into getting back on the blog bandwagon. Pavel played a pivotal role in my original transformation from “marketing attorney” to an “internet marketing attorney.” We worked together on original website projects for law firms like Morgan Lewis and Simpson Thacher back in the 90s. Remember the 90s man? He was then instrumental in creating the Internet Marketing Attorney website, IMA reviews and Nifty Fifty awards for me. And in developing my original business website and blog. Of course, as one of the true web pioneers, he has bigger fish to fry than helping me–but always responds quickly whenever I shout out for help. But his focus now is on blog development and consulting with Blogconsulting.com–with “little” clients like Adobe, Time Magazine and the Harvard Business School. But he is one of the go-to guys for blogging, and knowing what will come next.

Published on: November 8, 2012

LP Magazine – Auditing Your Law Firm Marketing Efforts

by Micah Buchdahl

In the November/December issue of Law Practice, my marketing column is entitled “Auditing Your Efforts” and discusses the value and importance of a law firm objectively auditing its marketing and business development efforts. Read it to see how I compare myself favorably to Tom Cruise (although the editorial team deleted my reference to Scientology).

There was a time when spending money on an audit would have been borderline crazy–since so little time and effort was being invested–what did you really have to lose anyway? Today, however, law firms are investing heavily in these endeavors and often find that efforts are often…overpriced, ineffective, or simply off the mark. A proper audit is an important accompaniment to a strategic plan and a budget. The time has come where ROI needs to be measured, and a firm’s marketing foundation solidified. It is not all that different from the recent energy audit conducted on my home–imagine how much I would save with the right equipment and resources in place? If your law firm has never conducted a thorough marketing audit, talk to me about it. Year-end and the start of a new year are perfect times to evaluate. As I like to say, stop throwing good money after bad.

Published on: October 31, 2012

Law Firm Branding – Take my conflicts, please!

by Micah Buchdahl

It is not Henny Youngman, but Stoll Berne managing partner Scott Shorr.

With the tagline — Take your conflicts. Not your clients. — the Portland, Oregon law firm of Stoll Berne got some nice play in the Portland Business Journal for its advertising campaign focused on getting lawyers to send them conflict work. When Journal reporter Andy Giegerich called me to get my take on the uniqueness of the campaign, it highlighted once again some greater lengths law firms are going to these days to find additional revenue streams.

Advertising in legal publications for conflict work is certainly not new. I’ve worked with law firms on such ads in the past–albeit with minimal success. As an attorney with a small niche practice, I end up with referral situations practically every week. It would never occur to me to send the work to anyone that I did not personally know. But, again, not every lawyer has a go-to person for every practice and jurisdiction. But I also know that the nature of conflicts in my business development business takes on much the same take as a legal matter. Because I won’t work with competing firms in a market (sometimes geographic, sometimes practice-driven), I often need to send work elsewhere. I’m looking at the same issues–will this person or company steal my client, and/or am I putting them in a better position to compete against me. And, oh yeah, I almost forgot–they need to be good lawyers who will represent the client well. It comes down to relationships, one hand washing the other, and trust. And the old adage, “burn me once,” certainly fits in the world of conflict work.

Published on: October 29, 2012

Hurricane Sandy Presents Preparedness Issues for Law Firms; Potential Legal Issues for Individuals

by Micah Buchdahl

READ the LPT Special Edition: Dealing with Disasters – Emergency Preparedness: A Joint Effort of the Law Practice Management Section and the ABA’s Special Committee on Disaster Response and Preparedness

With Hurricane Sandy bearing down on my backyard (in Southern New Jersey), it reminded me of an all-too-timely issue of the American Bar Association’s Law Practice Today from last April. For the past two years, I have served as the special issue editor for the Law Practice Management section, working with George B. Huff, Jr., Special Advisor, Special Committee on Disaster Response and Preparedness.

The articles included the following timely subjects, which may be relevant in the days and weeks ahead:

Published on: October 24, 2012

WMT: Law Firm Websites – Ethics and Compliance Issues

by Micah Buchdahl

In my monthly column on internet marketing for lawyers in Web Marketing Today, I tackle the sticky issue of ethics and compliance for law firm websites. If you had told me when I started teaching ethics CLEs on this subject in 1997 that I’d be this well-versed on the subject–and it would become a niche area of expertise for my practice, I’d have laughed. But lo and behold, the Rules of Professional Conduct have become my Ten Commandments. There are plenty of golden calves and false idols–but I won’t name names. Let’s just say that websites are now the tip of the iceberg in a land of Groupons and “ask the lawyer” sites, getting the disclaimer language right should be child’s play.

Published on: October 23, 2012

ALM: New Partners Fear Having to Originate Business

by Micah Buchdahl

The lead story in today’s Law.com distribution of The American Lawyer Daily touted, “Survey: Generally Content, New Partners Fear Lack of Training Will Hamper Ability to Win Clients.” One new partner quoted lamented, “I learned how to practice law, but I was not trained in how to develop business.” Claire Zillman reports on the internal ALM study.

There is no question that this training issue is changing–I would not say rapidly, but there are certainly firms willing to invest significant sums of money in BD training ranging from entry as summer associates right through the partnership ranks. I recently saw a 100-attorney firm invest one million dollars in BD development for partners. More and more firms are taking professional development more seriously. Yet, there are still what might be a majority of firms that don’t truly rank BD capabilities in partnership evaluations. I’ve met many a senior partner that has railed about the laziness of new partners, inability to originate, resting on the work of the past generation, etc., etc. We’ve all heard it.

Read the story and related survey for yourself. Last week, I chatted with a partner at an AMLAW 100 firm that was telling me how his firm did not credit any unbillable time toward year-end compensation. How do you get people to invest for the future, at the expense of the present, without incentive? There is a middle ground, and that should be the goal. Many of my clients refuse to train associates beyond some basics such as legal research. Yet, if I push too hard, the only lost BD will be my own. The truly great rainmakers usually took the long road–and have been able to benefit for the long haul.

Published on: October 22, 2012

WSJ Breaking News: Clients don’t like getting nickeled and dimed

by Micah Buchdahl

On an obviously slow news Monday, the Wall Street Journal front page touts “Law Firms Face Fresh Backlash Over Fees.” Jennifer Smith reports on the “widespread revolt” over big bills for “legal miscellany.” I can tell you that there is nothing new in this news from much of the last decade. But it does allow me the chance to once again discuss the issue of nickel and diming clients–often those that are paying seven figure invoices based simply on billable time.

Is this a marketing issue? It sure can be. While many in big law won’t change things anytime soon, small, midsize and boutique law firms recognize that this provides an opportunity to offer up a “differentiating factor” in selling its legal services. Often lost in price comparisons are the costs that go beyond the billable hour, depositions and filing fees. Those extra costs–planes, trains and automobiles; hotels, dinners, legal research and copying–can inflate the final tally by quite a lot. It is like looking at the $25/day rental car rate, only to find the actual cost to be around $70 after taxes and related charges.

All I know is that when I meet litigation friends in Philadelphia, often in town for a matter in federal court, we are usually getting together at the Four Seasons. Dining ranges from Morimoto to Buddakan; Morton’s to the Fountain. When you are working hard and traveling extensively, I’m not suggesting that we treat ourselves to anything less than first class accommodations. Unless, of course, the corporate counsel is staying at the Marriott. It is important to get a feel for the travel policies of your clients, and come in even or lower. There is nothing more damaging than outclassing the guy or gal that hired you during a trial. And when you get less work later, nobody will ever tell you why–the GC will just remember it when glancing at the final bill.

Published on: October 19, 2012

LPT: Billings and Collections

by Micah Buchdahl

It is my pleasure to serve as Editor-In-Chief for the American Bar Association’s Law Practice Today monthly webzine for the 2012-2013 bar year. This month’s theme is “billings and collections.” Thank you to issue editor George Leloudis of the Woods Rogers law firm in Roanoke, Virginia, and Associate Editor Andrea Malone of White & Williams in Philadelphia, for their hard work on this issue.

Among the interesting articles in this month’s issue is Arthur Greene’s “Collecting Your Fees with Ease,” Ed Poll on “effective collection requires a collection policy,” and Richard Goldstein discusses “inspire your clients to focus on the value rather than the bill.” In addition, we have our interesting monthly practice management themed columns.
To read the October issue, click here. And be sure to subscribe to receive LPT at no cost each and every month, compliments of the ABA and LPM.