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Thumbnail image for 12-4-08-iphone-omnia.jpgIn this month’s Web Marketing Today column, I address the importance of having a proper mobile marketing plan to accompany your law firm’s Internet marketing efforts. Regardless of a law firm’s audience, practice groups, size or location–“mobile” is a critical component.

Some law firms are still at stage one–trying to get some sort of compatibility for an iPhone or Android device. Others have moved well past that toward development of applications that serve purposes ranging from “marketing” to uses for partner retreats, recruiting and access to files and billing.

The strategies, however, do differ based on a law firms’ audience and clientele. As is the case with a typical website–what you develop for a Baker McKenzie is going to differ from what you develop for Sokolove Law. Although as of today, a quick look at both of those websites on my Droid were not online presences built for mobile. This column features firms that built a solid online mobile presence. It also addresses related issues tied to SEO and online advertising considerations as well.

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fb-lpt-sm.pngThe December issue of Law Practice Today begins with a tribute I authored to the memory of law professor and longtime ABA leader Gary Munneke. If you’ve been remotely involved in any aspect of law practice management over the last few decades, you know Gary. He was a pioneer in the field, a friend and mentor to thousands of lawyers, law students and anyone interested in the legal profession. If I’m talking to anyone in academia, in the New York or American Bar Associations, interested in alternative legal careers or any aspect of the business of law–I could always name-drop Gary, and get a welcoming smile and an anecdote of some sort. He passed away suddenly and unexpectedly on Thanksgiving morning. He will be missed–personally and professionally–by many. My deepest condolences go out to his wife Sharon, his children and grandchildren.

Many thanks to issue editor Allison Shields of Legal Ease Consulting, for putting together “A New Year’s Resolution: Time Management Tips,” including many great features on technology, marketing and finance.

To read the December issue, click here.

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Someone woke up yesterday and thought it might be a good idea to provide better professional development training for attorneys. Go figure.

Last week, I had the privilege of spending some time with the leadership of the Professional Development Consortium (PDC) at their annual meeting in Washington, DC. For the record, this organization has been looking to organize and improve PD in (mostly large) law firms since 1990. While the group is growing rapidly, the reality is that for a long time it has been a relatively small gathering of people dedicated to delivering PD for larger law firms. However, the idea that the need for stronger and better investments in PD for partners (and in some firms, gasp, associates too), is not new or news.PDC_logo.gif

With the ABA, I have had the opportunity to further professional development initiatives on multiple fronts. First, as a speaker and planning board member for the first two ABA New Partner Conferences, designed to provide a wide range of training–from business development and ethics to issues of diversity, electronic discovery, and managing legal relationships. Secondly, as the creator and chair of the ABA Law Firm Marketing Strategies Conference, founded in 2007, focusing on BD, marketing and overall rainmaking skill sets. Third, as a current ABA presidential appointee to the ABA Standing Committee on CLE–now entitled the ABA Center for Professional Development (go figure). Finally, as Editor in Chief of the ABA’s Law Practice Today monthly webzine, we have joined forces with the PDC to provide a bi-monthly column (beginning in March 2013) from some of the country’s leading PD professionals from the largest law firms, along with an entire themed issue dedicated to PD in May 2013. Thanks to PDC leadership, including Jennifer Bluestein of Greenberg Traurig and Jeanne Picht of Stites & Harbison, for helping to further develop this relationship. In addition, ABA LPM’s sister publication, Law Practice, has an issue devoted to the topic as well in the coming months. In other words, the American Bar Association has long recognized the importance of PD and continues to provide numerous resources to lawyers and law firms interested in better training.

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In August, I wrote about the Consumer Reports evaluation of online do-it-yourself legal sites (Legal DIY sites no match for a pro). This week, Wall Street Journal reporter Jennifer Smith writes on “No-Frill Legal Services Grow,” addressing many of the same DIY websites.

The impetus for the article is the lawsuit filed last month by LegalZoom.com against up-and-coming rival Rocket Lawyer. It is ironic that these entities are now fighting over what is and is not “free” in terms of form filing and other stuff where you apparently either don’t need a lawyer, or perhaps just need one that works for them at really cheap rates. Interesting side note: Both LegalZoom and Rocket Lawyer have real lawyers doing the fighting–I don’t think they are using their own self service offerings.

The debate often revolves around the potential “unauthorized practice of law.” Regardless of the semantics involved, the consumer is thinking this is a cost-effective way to resolve a legal issue. It is not like this business is new. Strip malls stores (Divorce! Bankruptcy! Wills!) have provided similar services for decades. Storefronts such as “We the People” have largely evaporated (thanks in part to the Internet and in part to State Bar issues with unauthorized practice). In recent years, the online offerings have changed the language in describing offerings to something akin to providing documents and/or providing a lawyer somewhere that can answer questions.

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What is it our parents always told us? If your friend jumped off a bridge, does that mean you should do the same? In this case, it is more like “Match Game 2012” than it is about “follow the leader.” So the question becomes, how necessary is it for a law firm to match another’s year-end bonus? And in my business, what are the marketing implications for a law firm that does or does not choose to follow suit?

As reported by Peter Lattman in The New York Times this week, “Cravath sets the tone for law firm bonuses.” Law firms don’t have NFL salary caps or MLB luxury taxes to help keep things competitive. In many ways, Cravath is like the New York Yankees of law firms–old, venerable and wealthy. They generate a lot of revenue that others can’t, and can spend accordingly. But most other teams simply don’t generate the same revenue and can’t pay out the same amounts. Spending more does not mean you always win, but you are usually in the game.

If the process holds true that Cravath sets the scale, then you could argue they could do it to squeeze others as much as it might be to reward the associates that spend the year billing the night away. If you think about it, if they force less profitable firms to profit less, are they not creating an even stronger market advantage for themselves?

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fb-lpt-sm.pngThis 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.

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

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.

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blog_image.jpgThis 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.

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november-december12cover.jpgIn 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.

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branding.pngIt 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.

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