Touching the (Marketing) Void

Watched the incredible survival story of two mountain climbers and their adventure gone awry, Touching the Void. A few marketing parallels:

You can accomplish impossible feats by breaking it down into 20 minute increments. Over and over again, Joe Simpson played a mental game: pick a point, look at watch, make it to that point in 20 minutes. He says he became obsessed with the game as a way to keep himself focused not on the miles and painful miles laid out in front of him, but on the moments and seconds within his power. Marketing is the same...you can't rub a magic golden goose belly and transform into a rainmaker. An overall goal is key but the important work is doing the tasks currently within your reach. Then doing them over, and over, and over again. Write the article. Attend the networking event. Reach out to an old colleague. Complete your LinkedIn Profile and connect with others. Now.

Believing in yourself is as important as the team you choose. The climbers both alluded to the great trust required of anyone climbing in the Alpine Style. It's not the ropes that hold you, rather the person on the other end of the ropes. This trust allowed the climbers to achieve their initial goal of reaching the summit and part one of the descent. But if Simon hadn't of cut the rope, they both would have been pulled down the mountain. Ultimately, each man was forced to rely on his own will rather than leaning on his teammate. Even if your firm has a well developed marketing strategy and great brand recognition, it is up to you to create new business. Remember the old saying, people hire attorneys, not law firms? This applies to your marketing abilities as much as it does to your legal skills.

It doesn't pay to stay comfortable. At one point during the crawl back to base camp, Simpson said that he almost became too comfortable and slipped into a sleep. Hungry, dehydrated, tired, cold...I imagine that sleep is a welcome state to anyone after such a gut-wrenching ordeal. Had he succumbed to this natural inclination, I'm guessing it would be all the more difficult to wake up and begin moving again, to put himself through the initial shock of pain and desperation. He fought against it and ultimately made it out alive. In what areas of your business development efforts have you become comfortable? Do you talk only to people that you know at CLE events? in the break room? Staying away from the comfort zone is easier than slipping in and trying to make your way back out again.

Stay Open, Stay Active

This weekend I read the poem,Ts' its' tsi' nako, Thought-Woman, by Leslie Marmon Silko. I also learned about the work of  former Winston & Strawn attorney turned lego artist Nathan Sawaya. TAKEAWAY: staying open to what the universe has in store works best when you actively pursuing your dreams.

Attorney Marketing: 2 Things in 5 Minutes.

There is absolutely a need for articles like this (10 items for your law firm marketing to-do list), this (10 ways to optimize your LinkedIn profile) and this (marketing your law practice with a blog). However, how often does an attorney successfully complete even half of the proposed 10 steps without being interrupted?

It's too complicated. These articles belong with the marketer to build a portfolio of ideas and support the firm's overall strategic planning. Get your attorneys to devote 5 minutes a day to marketing their practice and you'll have over 20 hours a year from each lawyer. For the first 5 minutes tell them to:

1. Google yourself

2. Google your client before you call

Need proof? Here is an article from Corporate Counsel Magazine quoting 3 in-house counsel on precisely this issue.



Don't Quit Your Day Dreaming Job

Words like job, work and paycheck take up a lot of space in our collective unconscious these days while ideas like profession, fulfillment and reward are all but forgotten.

Shortly after the economic collapse, somewhere around the fifth or fifteenth round of Bad Unemployment Reports and Home Foreclosures the notion of loving what you do and doing what you love was sacrificed in favor of survival.
Hard Concrete Examples of day to day living replaced optimistic and joyful examples of loving the life you live between 9 to 5.

I say it's time to get back to the Work of Day Dreaming. "If you can't be with the (job) you love, honey, love the (job) you're with". Pretend that you just got the job after a long and tedious search...you made it to the final interview and nailed it! They hired you for this job because nobody can do it better. Start each day accomplishing your least favorite tasks first and move on to the things that you love (or remembered enjoying) about your job when you first started. This way, when you leave the office for home, you will end on a high note, leaving work that you enjoy, not tasks that you dread.

While you can't control the economy and you can't control decisions that are made in board rooms you can control the way that you respond. Sometimes it's not really the man that's bringing us down, it's the person we face in the mirror instead.

Want a free lunch? Take this quiz.

This post from Al Ries, Long Slogans Are Absolutely, Positively More Effective Than Short Ones, got me thinking about Law Firm taglines and slogans....I didn't have to think very long. I bet a gift certificate for lunch to your favorite restaurant (first person to correctly respond) that you won't be able to identify the law firms who currently utilize the following slogans (from the September issue of The American Lawyer). I haven't invested in a virtual proctor so I trust that you won't blatantly cheat by going through the magazine page by page! 

• One Among Many.
• High Resolution.
• Leading in business law.
• Canadian Lawyers.
• Asia Specific.
• Labor Lawyers.
• Intellectual Property law isn’t just something we do…it’s all we do.
• Critical matters. Critical thinking.
• Choose ______
• The international law firm with seriously local knowledge.
• There’s really no difference between law firms.
• Employment & Labor Law Specialists.

 

 

Better by Association

Joining an Association is a relatively painless way to Enhance your Book of Business

Business development, like exercise, is a vague and ominous expression. We are all familiar with the ultimate benefits, but taking the first endorphin-free steps can be intimidating. Trick yourself into business development by joining an association (or reviving a stale membership). As workout partners and trainers are to exercise, an association is to marketing and business development. They encourage you to stretch outside your comfort zone and eventually flex your business development muscle. Some thoughts to stimulate your journey:


Expand your Kingdom of Expertise. Associations offer something for everybody. Not only is it easy to find an association that matches your personal or professional interests, but within that association you are likely to find a volunteer commitment that suits your strengths OR allows you to further develop an aspect of your character. Association work is a great way to cross-train, add life to your resume and keep you engaged with a pool of professionals that can ultimately deliver referrals or transition into straight business contacts. When selecting an association think about the particular skills or network you are looking to develop. At the gym, you might consider doing curls to strengthen your biceps. In a similar fashion, you might look to the National Association of Minority and Women Owned Law Firms or California Minority Counsel Program if you are keen on learning more about diversity as it relates to the legal industry.

Bar Associations are a great place to start and offer a variety of groups linked by geography (i.e. Bar Association of San Francisco or State Bar of California), specialization (i.e. American Intellectual Property Law Association) and cultural identity (i.e. Charles Houston Bar Association or Bay Area Lawyers for Individual Freedom). Consider branching out into a specific industry, personal passion or curiosity that interests you. Don’t limit yourself to your resume. Try it until you like it, leave it if you don’t. Associations are not permanent and allow you to explore personality traits outside of your current professional experience. Search around on LinkedIn and Google or ask your colleagues, friends or clients for recommendations if you get stuck.

Quick Wins and Positive Reinforcement. Without participations, associations die. Therefore, successful groups are designed to encourage participation from the get go. You will likely be offered a volunteer opportunity or welcomed to an upcoming reception/meeting shortly after joining, DO IT! Later on in your tenure you can be more selective and carve out a position that suits you. The first few months of your membership should be dedicated to meeting the membership in order to figure out whether or not it’s a fit. Just because a pair of gym shoes looks great on the shelf, doesn’t mean they will feel good on your feet. Devote as much time as you can to attending social activities and meetings in the first few months. Seek out opportunities to write (most groups have a monthly newsletter or magazine with someone who is always looking for content), attend networking groups and mixers, attend the programs and be certain to take advantage of registration time to get a little networking in, find out if they hold an annual event and if attendance is within your budget, consider speaking on a panel.

Active participation early on will positively reinforce your business development goals and allow you to get a sense of the group, learning about the personality and organizational structure of the membership. In order to achieve a sustainable program, you must think strategically about how you allocate your time. After all, you joined the association to help with your professional career, not to supplement your personal calendar. But for now, your motto is try it, try it, try it!

The shortest distance between two points is a curvy line. While the ultimate goal of association work is to develop your book of business and sharpen your skill set, the path is never linear. A hard sell won’t work unless you join replete with sponsorship-lined pockets (a different matter entirely). Association work is a long-term commitment and the dividends are greatest for those with stamina.

Associations are team oriented sports. You are part of a group and your personal needs come second to the needs of the group. Many associations have rules that strictly regulate solicitation and, generally speaking, you’ll have an easier time making connections by staying on point. Get to know people (who they are not how they can help you) and offer your services (not on an hourly rate) to others. This is the best way to gain acceptance in an association. Once you’ve earned the trust of your peers, they will likely seek out ways to help you achieve your goals…but as a newbie, you aren’t there yet.

You get what you give. Although late-night pitch men make it seem otherwise, scientists have yet to perfect a pill that will slim you down and tone your muscle. They haven’t developed a magic pill for marketing yet either. Returns are greatest for those who put in the work…then get up the next day and do it over again. By selecting the right association, putting in the time to determine whether or not it’s a good fit and extending yourself to participate, the “work” in working out will transform into something invigorating.



Associations to consider:

Consumer Attorneys of California

Legal Marketing Association

National Association of Women Judges

Women in E-Discovery

Forensic Expert Witness Association

California Lawyers for the Arts

Super Best Top Attorney Under 40

Next time your attorneys lobby for your help in making the Attorney List/Ranking du jour...ask them to complete a quick (and easy!) homework assignment. For the next two weeks, ask them to take note of all the plaques, window stickers and logos on the walls, windows and menus of the restaurants they patronize. Do they visit these restaurants because of the rankings? Do the rankings in any way enhance the flavor or improve the ambiance of the establishments? Can you distinguish one list from the other (ie SF Weekly / Yelp / Zagat / Michelen...)?

While this excercise will not prevent the tide of inquiries to a marketer's inbox, it might give you brainstorming fodder.

What about Law Firm Secret Shoppers?

We all know about Client Interviews... an effective and underutilized tool that allows law firms to receive marketing intlligence directly from their clients. Let's take it one step further and consider law firm secret shoppers, primarily a consumer-based marketing tool. Would your law firm benefit from implementing such a program?

Watching The Doctor, a film based on the non-fiction book A Taste of My Own Medicine, I couldn't help but wonder how attorneys would feel if they called upon their own services. Would their opinions of their partnership/receptionist/billing practices/response time change in any way? Over the course of the movie The Doctor's perception of his very own hospital changes in subtle and profound ways as a direct result of his personal experience with billing and insurance, lack of privacy/humanity in hospital rooms, and malpractice (big and small).

In order to see the world through another man's eyes, it is often necessary to first walk in his shoes.

Gross Law Firm Happiness

Vermont is hosting a conference on Gross National Happiness adapted from the efforts in Bhutan which got me thinking...what if law firms measured their performance on a Gross National Happiness scale rather than profits per partner? The American Lawyer's A-List touches on this notion but it's a very superficial touch and ignores all of the small-mid size firms that probably do a better job of it. Here are brief notes adapted for firms to The 9 Dimensions of Gross National Happiness below to get the juices flowing.

How does your job measure up?

1) PSYCHOLOGICAL WELL-BEING Assesses the degree of satisfaction and optimism in individual life. A high degree of satisfaction can build morale within the firm and encourage a greater level of participation in the community and with clients (free PR). Psychologically satisfied attorneys are more likely to spread the good word about their firm (think recruiting) and deliver higher quality service (ideally you want to keep the client satisfied!). Firms can impact this dimension with efforts like a structured mentor program, employing a diverse work force (affinity programs), and regular pro bono efforts.

2) HEALTH Measures the effectiveness of health policies, with criteria such as self-rated health, disability, patterns of risk behavior, exercise, sleep, nutrition, etc. Examples might include: office pantry supplied with healthy options instead of sweets and caffeine, internal meetings built around healthy activities- for example, I know of a small firm that conducts its partner retreats while hiking.

3) USE OF TIME The use of time is one of the most significant factors in quality of life, especially time for recreation and socializing with family and friends. A balanced management of time is evaluated, including time spent in traffic jams, at work, in educational activities, etc. Work-life balance is a well-worn topic in law firm culture. Consider efforts like working remotely, implementing bring your child to work day and vital maternity/paternity programs.

4) COMMUNITY VITALITY Focuses on relationships and interactions in communities. Again, pro bono efforts, association activity, etc. The key is a top-down approach to these efforts so that everyone in the firm understands that these activities are important to the firm's management.
5) EDUCATION Takes into account several factors such as participation in formal and informal education, development of skills and capabilities, involvement in children’s education, values education, environmental education, etc.

6) CULTURE Evaluates local traditions, festivals, core values, participation in cultural events, opportunities to develop artistic skills, and discrimination due to religion, race or gender.

7) ENVIRONMENT Measures the perception of citizens about the quality of their water, air, soil, forest cover, biodiversity, etc. The indicators include access to green areas, system of waste management, etc.

8) GOVERNANCE Assesses how the population views the government, the media, the judiciary, the electoral system, and the police, in terms of responsibility, honesty and transparency. It also measures involvement of citizens in community decisions and political processes. Is management approachable? Are the mentor/protegee pairs successful? Is the leadership strong?

9) STANDARD OF LIVING Evaluates individual and family income, financial security, the level of debt, employment security, the quality of housing, etc.

It's always somebody's Birthday

How will you connect? Every birthday I receive a handful of advertisements from businesses that have managed to get hold of my special digits. Generally,these are glorified advertisements: "10% off on your birthday" or "come visit us (and spend money) on your special day". This leads me to wonder...since a birthday is such a personal thing, the one day in the year that you are allowed to celebrate life with reckless abandon by sticking your face in a plateful of frosting and cake or indulging in some exotic and fruity libation or going on a spending spree to replace old socks and underwear, why don't businesses bother to personalize their offer a little more. Naturally, for the consumer market their is only so much personalization that can be cost-effectively accomplished but for boutique shops or professional services it seems like an ideal opportunity to connect in a memorable way with your clientele.

Find a partner in the community. Give a restaurant or spa discounted or trade services in exchange for gift certificates to send to your elite customers on their big day. You could be the hero lest their friends and family forget.

Spend a little dough on dough. Donuts or pastries are a relatively inexpensive way to brighten some one's morning...drop them off in person and you've really gone the extra mile.

Send a hand-written note or card. Least expensive but perhaps the most memorable option is a surefire way to stand out. People seem to have forgotten the potency of pen and paper.

Cute Cats won't make you dumb, Attending College won't make you smart

From the Wall Street Journal: Does the Internet Make You Dumber? Does the Internet Make You Smarter?

To answer questions with more questions: Does reading a holy book make you more spiritual? Does going to college make you more educated? Does shopping at Whole Foods make you healthier? It's all about intention. What do you want the Internet to do? I bet it can help you achieve either option.

South San Francisco's Rigel Pharmaceuticals announces changes

Dolly Vance assumes the title general counsel and executive vice president of Corporate Affairs. For the full line-up:  http://www.prnewswire.com/news-releases/rigel-pharmaceuticals-names-raul-rodriguez-president-95303394.html

LECG announces new leaders in consolidation

Yuri Rozenfeld appointed new General Counsel of LECG

SuccessFactors welcomes new General Counsel

Hillary B. Smith from Yahoo! - Right Media

Adam Sand joines ZL Technologies

Adam Sand Joins ZL Technologies as General Counsel.

Quantcast Appoints Chief Financial Officer and General Counsel

Julio Pekarovic, formerly of Google, and Michael Blum of Fenwick & West join Quantcast as CFO & General Counsel

Christopher M. Patti joins University of California

Mr. Christopher M. Patti joins University of California as Chief Campus Counsel for the UC Berkeley campus

New General Counsel at Ameron and Women's Council of Realtors

Ameron Appoints Leonard J. McGill as Senior Vice President-Secretary and General Counsel


Mary Beth Martin named general counsel for Women’s Council of Realtors

At first I was afraid, I was petrified...

Once upon a time I signed up for LinkedIn and Twitter. And then I let the profiles sit and wait...I said that it was because Social Media was just a fad and I told myself that it probably didn't matter that much anyway. Mostly I was just afraid of messing up, a little shy and confused by the jargon. One of the things that has helped me out of the shell is applying practical applications to each of the Social Media Tools. Practical Applications lead to Measurable Results (i.e. the quantity of connections or the quality of a new connection). These little wins each day encourage me to stretch my neck outside my comfort zone each day...Measurable Results lead to further experimentation and bigger wins. Before you know it...you are Social Media. You are no longer a lurker. Here are some Practical Applications for LinkedIn:

• After each business meeting I send a follow-up note to connect on LinkedIn: something to follow-up with and a new way to connect.  
• LinkedIn provides constant updates about my connections. If a prospect gets a promotion, for example, I act on it by sending a handwritten (to stand out but email will work) note of congratulations. Social Media offers a ton of passive avenues to gather information about my network.
• Connect your Personal Life to your Business Life. LinkedIn is the easiest way to marry your personal and work life in order to create new business opportunities. For example, you should connect with the coach of your son's baseball team or the members who sit on an association board with you. This allows you to share with your personal connection "what you do for a living" without pitching them for services. It's seamless. 
• In the same way that LinkedIn allows you to learn more about the activity of the contacts in your network, it allows you to share information about your world. Speaking at a conference? Publish an article? Share it! People will connect with you because they want to know more about you. You no longer have to wonder whether or not it's worth sharing or if you are bothering clients with an email or phone call

Law Firm Marketing Ideas for the taking...

AKA me on a Friday afternoon with too much caffeine.

Take a cue from this Maestro Home Center ad and do some guerilla style client interviews. Ask the clients waiting patiently in your lobby...or those just leaving a partner's office their thoughts on the firm's service.

Find a creative way to Sponsor a Tweet (ie announcing a great win for a client or thanking clients for their business)...or simply make sure your firm has a Twitter profile. You'll be ahead of the law firm pack.

Make up a cool T-Shirt representing an interesting aspect of your firm and give them to attorneys, clients and staff. People love T-shirt.

Jacqueline Le named General Counsel of Stonnington Group

Stonnington Group, a premier financial services firm based in Los Angeles, recently named Jacqueline Le as general counsel.

Earl Lariscy joins DoubleLine Capital

Earl Lariscy joins DoubleLine Capital as Legal Counsel, headquartered in Los Angeles

Somaxon Pharmaceuticals announces leadership promotions

Matthew Onaitis was promoted to Senior Vice President and General Counsel

Piping Hot Buckets of Greasy Fried Marketing

It wasn’t the usual collection of PETA Protesters and their stomach-turning illustrations of animal abuse that caught my eye while passing the neighborhood KFC this morning. The Colonel’s marketing elves must have visited overnight and trimmed the window-front in a bright display of pink buckets…apparently KFC and Susan G. Komen have teamed up to raise money and awareness to the fight against breast cancer.

I am all for brands joining for mutual benefit. I am all for supporting the fight against breast cancer. But doesn’t this partnership seem a little out of balance? I don’t know of any studies that show a line between eating fried chicken and getting breast cancer…but I do know that being healthy and eating a consistent diet of fast-food (especially fried food) don’t go hand in hand. Will the number of pink buckets (0.50 cents a pop) they sell offset the number of clogged arteries? Do you think the people from the American Heart Association are happy with this partnership?

My point, and the connection to law firm marketing, is that as marketers we have a responsibility to remain true to our company’s cause. In this case, KFC is remaining true to their job of selling buckets of fried chicken---someone who might have visited Burger King could be swayed to grab a pink bucket instead. But it seems that the marketers at Susan G. Komen are failing their community by raising money for one part of the body at the expense of another.

Law firms (and marketers) make similar mistakes when marketing things like diversity, women’s initiatives and alternative billing…I mean if it were as great as the ads make it out to be, there wouldn’t be a problem (see the March issue of The American Lawyer for a snapshot of Diversity at big firms).

Happiness is Business Development

Something is in the air....call it change, discipline, follow up or commitment.

Check out: This new book Switch: How to Change things When Change is Hard  For real-time applications, read today's blog post from Gretchen Rubin of The Happiness Project. Think about ways you can apply these deceptively simple tactics to your marketing and business development strategy.

As a sales professional, I can promise you that the best thing you can do to motivate yourself to make sales is to sell something. See item number 6.

ABA Journal Panel- Alternative Billing: Who’s Actually Doing It?

If you haven't spent much time researching alternative billing...this is s great overview. Includes the perspective of both in-house counsel and private practice attorneys with case study discussion.

If you have spent a lot of time in the alternative billing space it's still worth a listen.

In-house Counsel from Cisco, General Electic
Law Firm represented by Foley & Lardner, Gonzalez Saggio & Harlan, Horvitz & Levy, Shook Hardy & Bacon

What Would Law Firms Do

What would you do if you had to bring in 10 new clients in the next 6 months or else...[enter your own awful scenario here or choose a Hollywood Favorite- the rabbit gets it - the world ends - the Grinch wins]

Woud Law Firms start selling instead of hiding sales behind marketing and business development?
Woud Attorneys pick up the phone to call clients? or would they still be too busy.
Would Sernior Partners go on client interviews?
Would law firms stop reading reports, wondering about and dancing around the edges of social media or would they jump in and try it?

Recommended Reading: Twitter Case Studies.

The best way to learn about new technology is to use it. You can't imagine or understand the possible uses for things, like Twitter, until you have an understanding of what it does and how it does it. HOWEVER, reading case studies is the next best thing. Check out examples from companies including Dell, Best Buy and Levi's. While you read think about the ways that their social media strategy might apply to your practice. Can brief and immediate contact with clients improve your overall communication?

California's full of women (lawyers), whiskey and gold..

Of the five Women to be honored by the American Bar Association with the 2010 Margaret Brent Women Lawyers of Achievement Award, 3 are from California.

We hire RFPs not law firms...

Last week I attended an LMA panel on Best Practices for Responding to RFP's. The most profound takeaway:

Make sure that the effort (time + energy + money) you spend on an RFP aligns with the strategic goals of the firm

This means you don't have to answer every RFP that comes in the door just because it's an RFP but it also means that when you decide to respond, you should plan to win the work. To win you must have these tools in place:

• research capabilities
• a keen understanding of your growth areas
• customizable pitch packages
• an exceptional knowledge of your law firm's network (by attorney)
• ability to customize invoices (alternative billing)
• historical information (cases)

You should have these tools in place:

• diversity in your team
• a relationship with the company or their counsel
• a strong understanding of the prospect's industry
• desire to form a long-lasting relationship

California Counsel In the News

Thomas Sabatino Jr. named General Counsel for United Airlines, after a career in pharmaceutical industries

Safeway's Valerie Lewis, Senior Corporate Counsel, named one of the Most Influential Blacks in Corporate America by Savoy Magazine

Cheree McAlpine, General Counsel for Wyse Technology discussed latest legal forecasting on Cloud Computing yesterday

Questions about body painting? Ask Michael Alonso, General Counsel for MontBleu

Profile of Yahoo Inc. Exectutive VP and General Counsel Michael Callahan in today's Recorder (sub req)

Do legal work for McAffee (or want to)?

Check out this profile of Mark D. Cochran, general counsel of McAfee Inc. from the National Law Journal
He thinks that 5 cents per copy is reasonable, expects firms to provide hourly rate discounts and blames trolls for litigation surge.

Colin Sturt named GC and Corporate Secretary of Micrel

Based in San Jose, Micrel is an industry leader in analog, high bandwidth communications and Ethernet IC solutions. View the Press Release here.

Disaster Planning...not the Earthquake kind

I attended a Safety Committee meeting at my son's school last week and realized that there are so many things around us that we don't care about...until we do. Until the next big earthquake hits the school, it's ok that the emergency supplies aren't fully organized. Until someone gets sick from the leaky pipes, it's just an inconvenience and mess to clean up. Until a child is unaccounted for, there are more important administrative duties than visitor and volunteer passes.

Marketing works the same way. When times are good and clients are calling, it's ok to postpone the website redesign or push off that lunch with an old friend. If an attorney is busy with the actual practice of law, and the time-sheets are flush, how can you justify devoting valuable time attending a non-billable networking event or writing an article to get your name out.

Adapted to Law Firm Marketing from FEMA's Preparedness Guide
You plan only once, and are able to apply your plan to all types of hazards.

• Get informed about hazards and emergencies that may affect you and your family. Where does your business come from now, how will this change in the next year?

• Develop an emergency plan. Work with your marketing staff to create a personal plan and make sure you are doing your part to pitch in for the firm's.
• Collect and assemble disaster supplies kit. Learn about yourself and the type of marketing that suits your personality. Not everyone can work a room or maintain a blog. 

• Learn where to seek shelter from all types of hazards. Network: have wide range of people in your network that can help you get business, find a new job, take work that doesn't fit in your area of expertise.

• Identify the community warning systems and evacuation routes. Stay on top of industry news and information.

• Include in your plan required information from community and school plans. Attend association meetings, stay in touch with law school peers and other firms alum to develop a referral network

• Practice and maintain your plan. Amen.

Christopher E. Kevane Promoted to Sr. VP & GC for Rural/Metro Corporation

Rural/Metro Services the following California communities: Del Mar, Encinitas, Rancho Santa Fe, San Diego, San Diego County, Solana Beach

Attorney Coaching à la Tolstoy

An adaptation of Tolstoy's short story, "Three Questions was recently released as a beautifully rendered children's book. It got me thinking, how might the story apply to attorney coaching?

The Busy Attorney and Three Questions (an adaptation)

A busy attorney wanted to fulfill the commitment to marketing his practice. But every time he considered undertaking a marketing effort, he was quickly overwhelmed because he didn’t know when was the right time to begin; who were the right people to listen to and above all what was the most important thing to do, in order that he would never fail in any business development activity he might undertake.

He realized that these questions were blocking his success so the busy attorney sought the advice of every consultant and website and colleagues he could find. Many, many educated and experienced people spoke with the attorney but everyone answered the questions differently. Some advised him to work for three months on a business plan before undertaking any effort- in this way he would be more educated. Some advised him to hire a team of experts and outsource the work so that it would be efficient and inexpensive and still others advised him to take to the internet and trust social media to answer his questions.

Finding little solace in the range of advice, the attorney felt more confused than ever and sought out the advice of a rainmaker from a firm across the country who had come to the city on a business visit. The busy attorney took the train downtown to the exhibit hall where the sage rainmaker was setting up his booth. When the busy attorney arrived he found the elderly rainmaker sweating and struggling to set up a booth by himself. The busy attorney approached the rainmaker’s booth and said, “I have come to visit you to find answers to three questions: How can I learn to do the right thing at the right time? Who are the people I most need? And, what affairs are the most important and need my first attention?

The rainmaker listened to the attorney but answered nothing. He just opened another box and commenced work on his booth. “You look tired”, said the busy attorney. “Let me have a hand at setting this booth up for you”. The rainmaker obliged. When the booth was nearly completed, the busy attorney walked to the lobby of the convention center to find the rainmaker seated at a café chatting with a small group of people. As the busy attorney approached the group, he realized that the rainmaker was talking with colleagues from his law school days. The busy attorney approached the group and instantly struck up a conversation and rekindled relationships he had lost with his fellow alumni.

Later that afternoon as the busy attorney and rainmaker were heading back to add final touches to the booth, the attorney posed the three questions to the rainmaker again and begged of him to answer. The rainmaker took a deep breath to speak but instead of answering quickly turned and shook hands with a an executive who was approaching them from across the room. The executive greeted the two and she and the rainmaker fell into a discussion of an important employment case she was dealing with. The executive mentioned that she was in desperate need of an expert in this area. Employment law was the busy attorney’s specialty and he had just successfully closed a case with strong correlations to the situation the executive was describing. He enthusiastically spoke up and volunteered his services.

As they took leave of the executive, the young attorney broached the three questions again. The rainmaker replied, “Don’t you see! If you had not helped me to set up the booth you wouldn’t have stayed long enough to meet your college buddies. So the most important time was when you were setting up the booth; and I was the most important man and to for me good was your most important business. Afterwards, when we were walking back to the booth, the most important time was when you spoke up about your specialty and if you had not walked back to the booth with me you wouldn’t have met the executive so she was the most important person and to speak up was the most important business.

(From the original) “Remember then: there is only one time that is important—Now! It is the most important time because it is the only time when we have any power. The most necessary person (client/colleague) is he with whom you are, for no man knows whether he will ever have dealings with anyone else: and the most important affair is, to do him good, because for that purpose alone was man sent into this life”.

Questioning the Questioner

At a certain point during Q&A of every in-house panel I've attended an audience member will stand up and ask some form of, ".....BUT how do I get your business?"

In-house attorneys always respond in a measured tone but I'm left wondering if the audience has been listening to the preceeding 90 minutes of discussion that included a myriad of ideas like: give me something I need to do my business better, communicate effectively, network.

Instead of just wondering, I am exploring the idea of throwing the questions back at the questioner. The Socratic Method: Leveraging Questions to Increase Performance offers a nice explanation of putting these types of questions to work in the leadership of your law firm (Bonus! There's also a case study).

A sample: "Although leadership is about moving people, the simple truth is that nobody moves anywhere unless they move themselves. The Socratic Method is a way to help people see when they need to move, and where they need to move to."

Retail General Counsel Unite!

The First of its kind Retail Litigation Center will be guided by its own Board of Directors, chaired by Janet Dhillon, executive vice president, general counsel & secretary for J.C. Penney Company, Inc. Also serving on the RLC Board of Directors are:

•Timothy Baer, Executive Vice President & General Counsel, Target Corporation
•David Goldston, Senior Vice President, General Counsel & Secretary, Jo-Ann Stores, Inc.
•Susan Lanigan, Executive Vice President & General Counsel, Dollar General Corporation
•Samuel Reeves, Senior Vice President & General Counsel, Walmart US, Wal-Mart Stores, Inc.
•Michael Veitenheimer, Senior Vice President, Secretary & General Counsel, Michaels Stores, Inc.

Lady Gaga...future law firm CMO?

Great post from Church of the Customer blog on the ways that Lady Gaga actively cultivates her fan base. There is plenty of opportunity for law firms to incorporate these techniques into their marketing strategy and create loyal clients...a Tribe


1. Give fans a name (or take on the name they call you)
The first example that comes to mind is Morrison Foerster adopting MoFo in their marketing efforts.

2. Make it about something bigger than you
Law Firms are often the first to step up to the plate and donate funds in a crisis and have a long history of supporting their communities (stable economy = steady legal work). This is headed in the right direction but try considering ways that you can incorporate this spirit into your everyday work culture not just in times of need or when the sponsorship committee comes calling.

3. Develop shared symbols
Sponsoring industry events is a dry example of how you can accomplish this goal...but when you attend be creative! Engage your clients. Make the trip to your exhibit booth worth their while. Anybody can slap a brand on a chotchke...understand the industry and needs of your customers so that you can anticipate matters related to their business and speak their language

4. Make your customers feel like rock stars
Think about the last time you felt like a rock star: did you get the best seat in the house and the most knowledgeable server at a restaurant? did your partner make you breakfast in bed or a customer service rep go out of the way to insure your grandma got her Christmas package in time despite your last minute efforts? What did it feel like? Now think about ways you can make that happen for your clients? Hint: Sometimes all it takes is listening

5. Leverage social media
Legal Marketing is plagued with social media discussions. At the end of the day what matters most is how you use the tools that are available and if your efforts are sustainable. If Twitter doesn't feel right to you, then invest time and energy optimizing your website or revitalizing your blog.

David Harshman promoted at Toshiba America Information Systems Inc.

From The Recorder

LinkedIn...or Chained Down

I've never been interested in horoscopes. However, as a June baby I have picked up some elementary understanding of the Gemini- twin or two faces. By their nature, legal marketers must adapt personality traits commonly ascribed to Geminis - the ability to move back and forth between the forces of law firm marketing strategy and the business development of individual attorneys.
Last night I had a great conversation about LinkedIn specifically and social media in general. What are the best practices for legal marketers to optimize their individual attorneys' online profiles while meeting the overall strategic goals of the law firm? Should attorneys focus on their expertise and specialities or will this pigeon-hole them and subvert the firm's cross-selling efforts?
I will revisit these issues in future posts. Taking a look at your LinkedIn Profile is a good place to start.

R. Hewitt Pate succeeds Charles James as Chevron Legal Executive

From the New York Times.

Advertising in a crowded market, 14 years later

1996: Two years before Goolge was founded, while Twitter and Facebook were in elementary school, WIRED Magazine published a couple of stories, Beyond the Banner and Reclaim the Deadzone While the vehicles for these conversations have changed dramatically (replace banner ad and microsite with SEO, blogging, social media) the questions remain the same...what's the best way to connect with potential clients in a crowded market?
The answer is unique to each firm and marketer but the ad on page 23 might offer some clues, the tagline from the previous page reads, "Go through life with less baggage".  Sticking to a core strategy seems to be working for Apple.

SF Outlook for February: Cloudy with a Chance of More Law Firms

Three new law firms added SF to their list of office locations in February:
Greenberg Traurig, Downey Brand and Morris Polich & Purdy.

The common denominator is opportunistic growth. Each firm took on laterals rather then re-planting their own attorneys (GT took attorneys from Weil, Gotshal and Quinn Emanuel; DB took attorney from Paul Hastings; MPP took attorneys from Carroll Burdick)

The regional firms said that it was a response to client requests and that they are able to offer lower rates to their current clients that do business in SF. All firms are looking to build out their new offices in the coming months.

And February isn't over yet...

Billing Roundup

Kraft Foods Free Market Award given to Morgan, Lewis & Bockius
The firm cut legal costs not by introducing alternative billing, not by arbitrarily offering a discount to cut the bottom line, rather they found, "easy, common sense ways to reduce" the bill by "moving matters around to different offices in various cities".

Pfizer Legal Alliance
A group of 19 law firms that receive a flat annual fee for all the work completed over the entire year for the company. The Alliance took roots in 2004 when then GC Allen Waxman reduced the companies outside lineup by 80 percent to 39 firms in a program called Pfizer Partnering Program. It was, "designed to find a mutually agreeable way to promote strategic thinking and give the client predictability and stability". It's not about discounts but building better long-term relationships with outside counsel says GC Amy Schulman.

Levi Strauss has one law firm, Orrick.
Orrick partner Johnson-McKewan uses the words"open and flexible" and "trust" to describe the multimillion dollar arrangement between her firm and Levi Stauss where Orrick now handles all of the company's legal work worldwide in exchange for a fixed yearly fee paid in monthly increments (Townsend and Townsend and Crew continues brand protection work).

Law Firm initiated alternative
Smithline Jha's monthly subscription model delivers predictability to clients. For the monthly subscription model to work it has to be a practice area that is steady, Smithline Jha specializes in IP Licensing for software and Internet companies. In-house counsel and private practice attorneys agree that this model will not work for litigation. In the words of the firm, "The net effect was we got so much closer to our clients" -who doesn't want that?

There is no one-size fits all solution to billing arrangements. But there is a requirement for any creative agreement: LISTEN to your clients!

24-7 Brochure

Today's The Recorder roundtable "How to Win My Business" featured in-house counsel
Seth Jaffe- SVP and General Counsel Williams-Sonoma Inc., Brett Fletcher- VP & General Counsel Gilead Sciences, Inc and Joseph Catalano- SVP & Chief Litigation Counsel Union Bank.

One of the actionable items that resonates with me 4 hours post-event is communication. Of course communication between outside lawyer and in-house counsel (responsiveness, openness about how a matter is going and billing, etc.) but also the way that a law firm communicates with its clients. Seth Jaffe (who likes lists by the way) included the importance of a firm's website as a way to get noticed on a firm's short-list. It's crucial for law firms to maintain an accurate picture of their firm's capabilities online. I grabbed a couple recent articles on the topic to make sure your "website brain" keeps at it:
Master of your Domain Name- Is it time to bring web maintenance in-house?
Law Firm Websites that Work- various perspectives from ABA Journal
You can get my quick takeaways of the roundtable discussion on Twitter @pryplewski

Sending the bill, Getting the Business and Keeping the Women

A general overview of legal industry billing standards, a non-beauty contest from Kraft (it's all about the numbers!) and Canada struggles with renention issues too...all in a day's reading for the legal marketer.

Can you guarantee satisfaction?

Post Valentine's Day cupcake decoration, I stared at the sparkles, sprinkles and candied confetti in a slight sugar coma and noticed that one particular brand guaranteed "100% Satisfaction or Your Money Back". Exactly how do you become dissatisfied with sprinkles?
It reminds me of the law firm that guarantees a call back within an hour and how that guarantee affects client’s perception of the firm and, more importantly, the affect it must have on the attorneys and staff of the firm. A team with a single, concise understanding of client service clearly has an easier time figuring out what is expected of each client interaction than a team with individualized standards or vague internal communication. Can you imagine a law firm that would be willing to put “or your money back” on their service?

The Third Leg

I learned that a milkstool always has three legs to ensure stability....two legs- not enough support ; four legs- too many variables.

On the new reality show, "Undercover Boss" cameras follow executives on a journey to work the fields with the hourly employees that fuel their businesses. The promotions contrast the plain-talk and gumption of employees with the disbelief and impotence of executives as the white-collar men fumble through menial tasks like picking up paper with a stick or brewing a pot of coffee. The show seems to be to be a very public display things great companies do privately, whether or not the cameras are rolling: soliciting feedback and, more importantly acting on that feedback. Feedback from employees, from leadership, from clients. In a two person interaction it is easy to crowd out third party feedback. But remember, without a third leg, the stool will fall down.

Solyndra Inc.

John Gaffney joins the Fremont, CA based designer and manufacturer of photovoltaic commercial rooftop systems as Sr. VP & General Counsel

ADVENTRX Pharma, Google

ADVENTRX Pharma- based in San Diego, Brian Culleu promoted to CEO, Patrick Keran promoted to President and COO

Google's Deputy General Counsel and Vice President, Nicole Wong, to testify on Cybersecurity

ACC Value Index- Circle of Concern or Influence?

After months of nervous fidgeting, Law Firms can now access information from ACC's Client Satisfaction Tool to see what clients are saying about them. It strikes me that those firms who are actively participating in their client's world (i.e. client surveys, alternative fee arrangements when requested, relationship partners doing the work) would already have a general sense of their client's feedback. Feedback, in all forms, is a valuable thing. But if you are relying on someone else to give you information rather than seeking it out yourself, in which circle are you playing?

Along the same theme, here are some great takeaways for individual partners from an Altman Weil, Inc. consultant:
The habits of highly effective law firm partners

100 Business Development Things...

As my son heads off to celebrate his 100th day of Kindergarten, here's a list of 100 things you can do to keep the business development ball in motion:

1. make a plan that includes a "to-do" everyday
2. read a business development book
3. read a work of fiction- something to help strike up a conversation
4. start a blog
5. submit an article to a magazine for publication
6. call an old client
7. take a colleague to lunch
8. take a friend to coffee
9. set up a LinkedIn profile
10. send a personalized invitation to 15 people to connect on LinkedIn
11. explore twitter
12. set up a twitter account
13. Google reader- have you optimized your queries recently?
14. go to a Chamber of Commerce Event
15. go to a Bar Association event
16. sit down next to a stranger (not a colleague) at the next luncheon you attend
17. repeat an affirmation in your head (even Stuart Smalley works)
18. read On the Move columns and send a follow-up to congratulate someone you know
19. send a note- hand written and stamped!- to someone in your network
20. make a cold-call
21. make some warm calls
22. check your sent email folder from 1 year ago--any follow up items?
23. follow-up on them
24. check-in with your boss
25. visualize yourself 1 year from now
26. write down the steps you'll take to get there
27. volunteer somewhere
28. optimize your RSS feeds
29. make a list of your top 10 clients
30. are you maximizing those relationships?
31. are they happy? anything you can do to make them happier?
30. make a list of your top 11-20 clients
31. what could you do to move them up to the top 10 slots
32. make a list of 10 clients you'd like to have
33. what can you do right now to get them?
34. pull up your resume...would you hire you?
35. re-do your resume
36. thank your support staff
37. thank your family
38. go on a 15 minute walk
39. write down your thoughts, the list of things that came up on your walk
40. drink water instead of soda
41. send a newspaper clipping or article of interest to a client
42. visit your firm's website
43. thank a marketer for their work
44. visit a marketing website
45. read the Wall Street Journal
46. drink green tea instead of coffee
47. cook something new- conversation starter
48. thank a PR professional for their work
49. next time someone tries to sell you something pay attention
50. think about what they did right or wrong- incorporate your thoughts into your pitch
51. take a knowledgeable vendor up on their lunch invite
52. prepare questions that might benefit you (i.e.- what are you hearing in the marketplace?)
53. go to a museum or concert
54. think about ways that art relates to your profession
55. be passionate about something
56. think about why/how you became an attorney
57. rekindle the fire
58. do more Pro Bono work
59. peronalize this list of 100 to suit your needs
60. make a point to share your expertise with a potential client somehow in the next 2 hours
61. visit your competitor's web site
62. visit the websites of a firm that has what you want
63. attend a business development webinar
64. listen to a TED speech
65. consider how it applies to your business
66. put those loose business cards into your database
67. clean your desk
68. buy a new suit
69. ignore the urge to dress casual on Friday and call on a client instead
70. get to work early on Monday
71. get a mentor
72. get a mentee
73. pick an empty day on your calendar
74. fill the day with client appointments
75. polish your shoes
76. clean out your briefcase
77. smile before you pick up the phone
78. listen
79. do one more thing each day than you think you possibley can
80. take a deep breathe
81. google yourself
82. google your law firm
83. google your clients
84. follow-up on the things you haven't followed-up on
85. do the thing you've been putting off
86. clean out your inbox
87. talk business at the watercooler
88. take a different mode of transportation to the office
89. pick up the phone instead of sending an email
90. post a comment
91. learn more about your client's clients
92. when you ask, "How are you?" mean it
93. when you respond to "How are you?" be unique
94. look up when you walk
95. send a thank you note with an invoice
96. check your invoices to be sure they make sense to you
97. commit to returning all client calls/emails within 1 business day
98. read an in-house counsel profile
99. read a judicial profile
100. put a new item on tomorrow's calendar