Legal News Reach Episode 7: Creating A Diverse, Equitable and Inclusive Work Environment

National Law Review Web Content Specialist Shelby Garrett closes out Legal News Reach Season 2 with an impactful minisode featuring Stacey Sublett Halliday, Principal and DEI Committee Chair with Beveridge & Diamond. Diversity, equity, and inclusion look different for every law firm, and smaller firms like B&D have to be even more resourceful in their approach to fostering dynamic work environments. How can firms use organizational partnerships to augment their internal DEI strategies?

We’ve included a transcript of the conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for clarity and readability.

Shelby Garrett

Thank you for turning into the Legal News Reach podcast. My name is Shelby Garrett, Web Publication Specialist with the National Law Review, and this episode I’m super excited because I will be speaking to Stacey Halliday, an environmental justice attorney with leadership roles with the American Bar Association and the Environmental Law Institute. Hi, Stacey.

Stacey Halliday

Hi, Shelby, thank you so much. And thank you National Law Review for having me today.

Shelby Garrett

Of course! To kick things off, would you mind telling us a little bit about your background in legal and what led you to pursue a career in law?

Stacey Halliday

Sure. I’m a shareholder at Beverage & Diamond, and we’re an environmental law firm. I’m based out of Washington DC. As you mentioned, a large part of my practice involves counseling clients on environmental justice, identifying risks, opportunities, and helping them incorporate EJ in their work. And I also have a broader practice on ESG issues and product stewardship, so things like sustainability disclosures, ratings and rankings, green marketing compliance and circular economy, that sort of thing. I started the firm a million years ago, longer than I’d like to admit, and had the privilege of also spending two years in the middle of that as an Obama appointee at the US Environmental Protection Agency in the Office of General Counsel so…bounced around a little bit. It’s been a long journey, I sort of wandered into environmental law by happenstance, but it’s been an incredible journey so far.

Shelby Garrett

That’s awesome. We’re super excited to have you today, because we also worked previously on an article about the EPA. So this is perfect to actually get to see each other face to face and talk to each other. Today, we’re going to be talking about DEI initiatives. To start off with that, could you give us a basic definition for people who maybe aren’t familiar with it and tie us into how that relates to law firm operations?

Stacey Halliday

Yeah, absolutely. And I should mention, one of the other hats that I wear at the firm, besides a shareholder is also Chair of our Diversity, Equity and Inclusion committee. So that’s sort of my D E and I hat, I have been on the committee for the 10 years on and off that I’ve been at the firm. So for D E and I, in terms of definitions, it’s–I hate to give you the lawyer answer, but it’s an “it depends” kind of thing, right? So DEI efforts are defined in such a broad variety of ways and are very unique to each organization. So some folks call it DEI, some say DEIA to include accessibility, there’s variations on the theme. But at B&D, DEI is really focused on building and fostering an inclusive culture that allows everyone to be their authentic selves at work, removing obstacles that inhibit equal opportunities for all and promoting and supporting those from historically underrepresented groups outside of the traditional DEI bucket. So defined by race, ethnicity, sexual orientation, gender, identity, disability, or otherwise. So that’s sort of how we think about it at our firm. And I’d say the way that plays out is I as chair, and my deputies, and our committee work with the Management Committee of the firm, the Chief Talent Officer, the firmwide managing principal who oversees the management of the whole firm, and members of committee, we’re the largest committee at the firm, its attorneys and staff. And we work with developing internal and external policies and practices across the firm. We have a Working Parents Group, an Employee Engagement Committee focused on staff and a Women’s Initiative to develop more targeted programming, but that’s kind of how it’s structured across the operations of the firm.

Shelby Garrett

That’s awesome, and that’s great to hear some examples because like you said, it kind of is tailored to each firm and what the community of employees needs. So it sounds like it would be a really large undertaking, because it has to be pretty authentic and genuine with straightforward conversations that might be a little bit harder, with some self-reflection. What is a good place for companies to start out? What is step one?

Stacey Halliday

Step one, really, in my perspective is, tone from the top is a really big I think, ground floor for a lot of this. I came from an HBCU, I went to Howard University School of Law, very proud graduate. And after my clerkship, I met Ben Wilson, who was the Managing Partner of Beverage & Diamond. And Ben is legendary. He’s just a staunch and uncompromising advocate for diversity and for supporting attorneys of color. And he’s the reason I went to Beverage & Diamond because I saw so significant leadership of the firm, he is an individual, but across the firm from his leadership had embraced and embedded diversity as a priority in addition to doing excellent work for our clients. So that I think has continued. He retired, I think it was within the last year, which is very hard as somebody who worked very closely with him. But we’ve really seen the firm continue to demonstrate that absolute commitment, and you see it in the numbers. In our firm about 36% of our shareholders are women, 50% of our Managment Committee are women or minorities, we continue to get very positive accolades for our DEI work even after so I think we see that commitment from the top and that helps all of us understand, incorporate remember that DEI is something important every day.

Shelby Garrett

Absolutely, that’s a really great point, and very nice to hear how you got involved with the firm. When a firm is looking to measure their success, are there any indicators– I imagine it probably depends on what exactly they’re tasked with or what their initiative is. But is there anything that overall could help measure that success?

Stacey Halliday

Yeah, it’s it’s funny, coming into this with a DEI hat but also doing ESG work, I think a lot about metrics and how do you set targets and measure your progress and hold yourself accountable. And because we’re so small, we’re fewer than 150 lawyers or so, we partner a lot. And that’s we use third party groups that are really specialize in this work and specialize in best practices for law firms to measure our progress and hold ourselves accountable. And a leading example of that is our participation in the Mansfield program. So the Mansfield certification program–I see you nodding Shelby, so that’s something you’ve heard of before. It’s based on the Rooney rule for the uninitiated, so the–I know nothing about football, but I have heard it’s based on the football Rooney rule, and that requires consideration of candidates from historically underrepresented groups for certain leadership roles. So we’re Mansfield 5.0 Certified, Mansfield Plus, and that means that not only do we consider certain underrepresented groups for at least 30% of all significant leadership roles, lateral recruiting and business development opportunities, for the Plus certification, we exceeded that requirement by actually achieving 30% or more representation. So that’s been a program we’ve been involved in at least the last four or five years, and the requirements continue to elevate every year. So it’s really an incredible way to not only track our progress, but also keep ourselves challenged because the goalposts continue to move to keep us challenged and leaning forward into this kind of work.

Shelby Garrett

That is really awesome. Yeah, when I was preparing for this, I was looking at the Mansfield website, I think it’s run by Diversity Lab maybe? So I was looking through all of their documentation on their website so that’s awesome. While we’re talking about Beverage & Diamond specifically, I know you mentioned the tone from the beginning was very inclusive. Is there any additional training or education that is provided to employees, whatever you’re comfortable talking about, specific to the firm?

Stacey Halliday

Yeah, of course. I think we have a number of different programs, we have the committee and we have an annual survey across the firm that helps us understand where there might be need or interest in getting additional training and support in this space. So from an internal perspective, that’s something that’s more dynamic and focused on our particular firm and its community. So that could be anything from implicit bias training, to learning about more accessibility issues, or neurodiversity or something like that. So that’s something that we develop, and work as committee to build over the course of the year. But I think again, partnerships are a really big part of how we support our community in getting the best practices and cutting edge work in the space and support for each of our individual community members. So we partner with groups like LCLD, the Leadership Council on Legal Diversity, which is just unbelievable. The program is amazing. So we have Fellows, Pathfinders, and we have Summer 1Ls that are part of this LCLD partnership, and the Fellows and Pathfinder program supports individuals in either mid-career or senior level or entry level attorneys with things like professional development programs, leadership training, relationship building opportunities, and that’s for attorneys from historically underrepresented groups. So it’s really amazing, I haven’t actually I haven’t done it, but a lot of my close colleagues and friends have done it and they talk about the relationships they’ve built, the support they’ve gotten, in addition to what they get internally at the firm being just invaluable and a great resource. So that’s something that’s a good example of the kind of things that we do plus our internal training to really support those in our community.

Shelby Garrett

Sorry, I think I missed it. Was that a third-party group?

Stacey Halliday

Yeah, it’s unbelievable. It’s like there’s a couple of different programs like this and MCCA, Minority Corporate Counsel Association, and there’s–the acronyms, its an alphabet soup–CCWC Corporate Counsel Women of Color. There’s a couple of different programs like this that focus on different historically underrepresented attorney groups and communities. But LCLD is something where we’ve had a really in-depth relationship and pipeline coordination. So the 1L program through LCLD, we have a 1L Summer Associate. So usually they’re 2Ls, you’re a second-year law student when you come to summer at a law firm and then hopefully you get an offer afterwards for a job. But we have a 1L come in through the LCLD program from a historically underrepresented group. And it’s a great way to build a pipeline for talent in our community organization, especially in the environmental law space where diversity is a challenge.

Shelby Garrett

Absolutely. That is amazing. One of the things I think you mentioned towards the beginning was a program for working moms. Do you mind explaining a little bit more about that, is that like a third-party?

Stacey Halliday

It’s actually internal. We created a Working Parents Group, we had a Women’s Committee initially, and the Women’s Committee was dealing with a lot of coming together to talk about all of the challenges that women inherently face. But we were also finding that we had a lot of men who are parents, as well, who were kind of, you know, still tackling a lot of these challenging issues, especially coming into the pandemic, when we’re all working remotely. And I have two young kids under three… it’s a challenge, it’s a journey. And actually having that community to talk about what kind of resources we might need, how we might support one another, how we can share best practices and lessons learned, and just support each other in the work environment, which is inherently stressful in a law firm. But if we’re all being understanding and know more about what we’re facing, we can all kind of tackle it together. So the working parents group was an outgrowth, I think of the pandemic and of having a community of young parents, and of more veteran parents who could all sort of share these lessons learned and worked together on solutions.

Shelby Garrett

That is awesome to hear both the internal kind of programs and then also the third-party kind of programs. How does the firm’s DEI work align with its overall business strategy and its goals? I know we just talked about the 1Ls and having them have that exposure and the opportunity to network and really get involved early, but looking more broadly at overall business strategy and goals.

Stacey Halliday

I think it’s such an interesting time in this space, because where there might have been more skepticism, especially at a law firm where your time is billed in six minute increments, to dedicating time and resources to DEI, now we’re seeing some pressure from clients, some external pressure, that really sends home the business case for the importance of diversity and for supporting DEI from a retention perspective. And I think Beverage & Diamond is unique in that we’ve always embraced DEI as one of our core principles that are important to the firm. But were there any naysayers, it’s now you know, we’re really seeing that clients are bringing down the hammer. They’re asking for more transparency. We have dense, pages long surveys asking us to disclose information about our diversity performance, and how many people from historically underrepresented groups are on our pitch teams, how many folks are actually billing time, are they getting considered for promotion, like they, they want to know that level of detail. And if they don’t see it, there’s either a penalty in terms of fees or you don’t get the work. And I think that is something that has shifted, in concrete ways, the industry. You’re seeing a huge proliferation of Chief Diversity Officers, So C-suite level leadership and management in law firms that actually looks at this topic the way it is, a sophisticated practice, that’s on top of legal practice. So I think the business case is now kind of firmly being established across the industry more so than it has in the past. Just a really interesting trend.

Shelby Garrett

That is really interesting. When I was like reading different articles to prepare for this, I hadn’t heard of that. So that’s really great to hear that there’s some external pressure and investment in this bigger priority. You were talking kind of a little bit about, you know, billing hours. So building these DEI initiatives require some resources and support. What kind of resources and support can a firm offer to employees who might be affected by these issues? I know kind of just like, taking the time for the Working Parent Group. But what resources really go into that?

Stacey Halliday

I think for us, again, we’re fairly small. So you know, where you have these huge multinational global firms that have hundreds of 1000s of people who would be part of an affinity group or any type of program that’s associated with different subpopulations of a diverse community, we’ve got like five. So it’s not necessarily the same sort of thing in terms of the scale of the programs, which is why we end up doing more partnerships so that, you know, the Diversity and Flexibility Alliance might have a program or something like that, or we’ll say, “Hey, if you’re interested in doing this training, or engaging this community more aggressively, we absolutely support you, as an individual, doing that kind of work, because we don’t have the infrastructure necessarily to do it.” But some larger firms and companies do things like backup childcare, something like that, like, I think Bright Horizons or something like that, you know, you can go and, if your school’s closed, or if your kids sick, you can find some way to get some coverage so that you can still go to work. There’s all kinds of flexible leave policies and that sort of thing that really does help in terms of giving people the space that they need, still thinking from  the parent context. Affinity groups are something that we have decided to date not to really form more broadly, just because again, the numbers aren’t there. But for us our partnerships are the way that we do it. But a lot of other large organizations do things like affinity groups that have more of a build-out in terms of permanent programs throughout the year. So in terms of brass tacks for us, we have the committee, with its mix of associates and staff members, and we have a budget every year to support those external engagements and partnerships and certification programs and that sort of thing. But it really does run the gamut, I think, especially at larger shops, where they have more numbers to really build out more infrastructure and training programs and curricula and support benefits, like childcare.

I worked at a law firm before I went to law school, and it was a much larger law firm. And I think historically, there’s been a really strong divide between attorneys and staff at a lot of law firms, which I think can be problematic and unnecessary. It inhibits, I think, community and diversity in a lot of different ways. But B&D has been fantastic. Our DEI committee is fully integrated with staff and attorneys. And we have some pretty significant empowerment and promotion of non-lawyers at the firm in this space to try and get a better perspective on our community. We’re basically half non-lawyers. So it’s really important to make sure that we’re not only capturing the voices of those members of our community through the committee, but also investing in the non-lawyers. And so we have a couple of professional development programs and we encourage external training in the same way that we support our attorneys. So it’s, I think, something that gets lost a lot in the conversation for law firms, because they’re so focused on the folks who are billing, but it’s a much bigger biosphere, for the law firm to be successful. It’s a lot more to it than just the legal work. So I think it’s really been important to make sure those voices are captured, the broader diversity of the firm is captured through thinking about your staff, and not just your attorneys.

Shelby Garrett

That is an amazing point I had not even considered, there’s an additional kind of hierarchy of opinions being taken into account. That’s really interesting. As we start to come to a close, are there any final thoughts you wanted to share?

Stacey Halliday

I’m so grateful to the National Law Review, specifically to you, Shelby, for bringing this conversation to bear. And I think it’s really important for our community to really think about effective practices here so that we generate and support more diverse communities so that we have more diversity of thought, as well as other types of diversity in the way that we solve problems and do our work. And I’m happy that we had a chance to have this chat and celebrate the work that’s being done in the space.

Shelby Garrett

Yeah, that’s really great. I am very grateful that you joined us today, I appreciate you taking the time to really walk through all of this because it is pretty unfamiliar to me. So it’s really great to get the basic understanding of where firms can start if they haven’t started yet, and some inspiration of where they can go. So I really do appreciate that. And thank you so much for joining us today. For listeners who are interested in finding you and maybe some of your thought leadership in the environmental justice area, where can they look for you?

Stacey Halliday

Thank you for the plug, I will absolutely take it! bdlaw.com. So please check out B&D’s site, the Environmental Justice Practice Group has its own site. And we also have a podcast, another shameless plug for our joint podcast with the Environmental Law Institute called Ground Truth. That will be kicking back up in 2023, but we bring on folks and have some deep thoughts on EJ and what’s ahead and what’s coming down the pike. So hopefully check us out there as well.

Shelby Garrett

Fantastic. Thank you so much. Again, we really appreciate your time, and we will be back in a couple of weeks for a new episode of Legal News Reach.

Conclusion

Thank you for listening to the National Law Review’s Legal News Reach podcast. Be sure to follow us on Apple Podcasts, Spotify, or wherever you get your podcasts for more episodes. For the latest legal news, or if you’re interested in publishing and advertising with us, visit www.natlawreview.com. We’ll be back soon with our next episode.

Copyright ©2022 National Law Forum, LLC
For more Legal News Reach episodes, click here to visit the National Law Review.

Lawsuits Allege Fudged Fudge

 

hot fudge sundae misleadingly described as fudge dairy fat, are falsely and misleadingly described as “fudge.” (See Reinitz v. Kellogg Sales Company, Bartosiake v. Bimbo Bakeries

Three class-action lawsuits filed in district courts in Illinois allege that products containing vegetable oils, and not dairy fat, are falsely and misleadingly described as “fudge.” (See Reinitz v. Kellogg Sales CompanyBartosiake v. Bimbo Bakeries USA, Inc., and Lederman v. The Hershey Company).  The lawsuits, which are all filed by Sheehan & Associates, P.C. and are substantively identical, have targeted Kellogg Sales Company’s “Frosted Chocolate Fudge,” Bimbo Bakeries USA, Inc.’s “Chocolate Fudge Iced Cake,” and the Hershey Company’s “Hot Fudge” respectively.

The lawsuits allege that fudge is a candy made from the mixing of sugar, butter, and milk, and that the replacement of dairy fats (butter and/or milk) with vegetable oils in each of the three products at issue constitutes deceptive advertising.  In support of these claims, Plaintiff cites a hodgepodge of sources including three recipes from around the turn of the 20th century, a Wikipedia entry, Molly Mills, who is apparently “one of today’s leading authorities on fudge,” and a 1982 Bulletin from the International Dairy Federation.

Plaintiffs have not, however, provided any extrinsic evidence of consumer deception (e.g., market studies), and such information will almost certainly have to be produced for such a case to ultimately succeed. We have previously reported on several other class actions which allege that the replacement of dairy fat with vegetable oil is misleading to consumers (see here and here), and we will continue to monitor and report on the outcomes of these cases.

© 2021 Keller and Heckman LLP

Article by the Food and Drug Law at Keller and Heckman

See links for more articles on Biotech, Food, Drug law, and Consumer Protection law 

Build Better Relationships in 2014

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While social media, mobile advertising, content creation and blogs are important in your new year’s marketing efforts, building strong relationships with clients and potential clients is still your most important marketing tactic. Don’t neglect this foundation of your marketing efforts. Make relationship building an integral part of your 2014 marketing plan.

build better relationships in 2014

How do you go about building better relationships with clients and potential clients? The key is to communicate and communicate often! But all forms of communication are not equal. Let’s break down the ideal process for building a communication strategy that will lead to stronger relationships with clients and potential clients.

Understand Your Ideal Client:

First and foremost – know who you are targeting. Spend some time looking at your client list. Are there common attributes? What types of cases are you looking for? What types of information are important to potential clients? Or is there a practice area you are looking to expand or start? Now think about what types of information you provide or what types of information would be valuable for each type of client. Today’s consumers are driven by information. Providing highly personalized content directly to the right audience will give your firm the opportunity for direct engagement with potential clients.

How Will You Communicate?

Technological advances mean you have multiple ways to communicate to your audience? Ideally you should leverage more than one to get your message heard. Social media, blogging, and email marketing form a trifecta that attorneys can use to distribute content without having to develop individual messaging for each. This trifecta will allow you to reach not only new prospects (through social media and blogging) but current clients and contacts that are also an important marketing opportunity that shouldn’t be overlooked. Clients may have need or may have contacts within their sphere of influence that have need for legal representation.

If you haven’t already, develop an email marketing list of all your contacts, clients, former clients and referral sources. This will be the basis of the marketing list you will use for email communications. Simultaneously, create a blog (wordpress is fairly easy) and sign up for Twitter and LinkedIn.

Develop An Editorial Calendar:

Now that you understand what your potential clients are looking for and how you will communicate, develop a content list of what you want to write and a schedule (at least 3 months out, but a full 12 months would be even better) for when you will send each article. Once you have your topics laid out you will have a schedule that will be easier for you to maintain moving forward.

Note that more content does not necessarily mean its better! Some attorneys we work with have avoided developing a content strategy primarily because of time constraints – assuming that every article needs to be a treatise on the law. This isn’t the case. You can create compelling content in 1500 words or less that is easily digestible for the average reader. Ideally your content should be informative and conversational, engaging readers and provoking them to want to find out more information or share what they have read with others. Attorneys – this means skip the legalese as much as possible and write content that is easy to understand for the lay person.

Once you have written the article it can be emailed to your contacts, posted to your blog and shared on Twitter and LinkedIn. This allows you to get maximum exposure for every article you write.

Staying in regular contact with your clients and potential clients by providing them with valuable information builds trust, stronger relationships and loyalty.

When settling into 2014 and preparing your marketing strategy, it is important to understand what your potential client’s needs are. Building relationships and providing informative, engaging content is the key to continued success.

Article by:

Anush Alexander

Of:

RW Lynch Company, Inc.

What Every Attorney Should Know About Their Client Database

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Do you, as a lawyer, have a client database? Do you have a program (any program) that keeps their names, addresses, and phone numbers on file?
If you do, fantastic!

If not, you should.

Creating (and constantly updating) a database is integral to retaining clients. For every person that you meet with, or even contacts you, you should be getting their information and create a database for mailings.

Why aren’t you sending them out a monthly newsletter to let them know what has been happening in the firm? You may be thinking that people don’t care, right? Well, it’s not entirely untrue. I won’t tell you that people are going to read your newsletters religiously (they might!) but if you keep them in the loop, there is no other lawyer in their minds when they start thinking about signing a contract.

Tell them about a few cases you’ve won, talk about a new employee, or how you’re redecorating your office. Keep everyone in your database (or your “herd”) in the loop.

By taking the time and putting in this effort, you’re becoming more trusted and beloved by members of your herd. Not only do they know what’s happening in your firm, but you are making a constant effort to reach out to them and contact them. It really does make a difference. What other attorney in your area is doing that?

If you think of any at all, it’s probably a very short list. Now think of how many attorneys their actually are in your area. The difference is staggering.

These simple things will make you stand out. You will be different and therefore you will come to mind much more quickly.

Those people will also become excellent marketing that you don’t have to pay for. Word of mouth is one of the best tools to have in your arsonal. Being referred by a client to their friends or family creates another level of marketing that you can’t buy.

Even for other ventures, your herd can be of great benefit to you!

Say you decide to put money into an ad that will run in a newspaper or magazine. Those are great marketing opportunities, I won’t lie, but before you hit the green button, maybe include the ad you want to run in a newsletter to your herd. Make an effort to constantly remind those who already love you what it is you do. Even ask for their opinions! They see your ad from another viewpoint and could even be able to give you some genuine feedback! Show your herd that they are still a priority and you want to keep them around.

This is only possible if you have a database.

Article by:

Ben Glass

Of:

Great Legal Marketing, Inc.

Bedside Manner: The Key to Landing and Retaining Clients

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Practicing law is very much a client-centric business and providing exceptional service is pivotal to a successful practice. Are you providing the service that your clients expect?

Survey after survey will tell you that the #1 reason why clients fire attorneys is “lack of responsiveness” or in general an overall lack of customer service. Correspondingly, the top reason clients hire lawyers is empathy and responsiveness. Keeping clients and potential clients happy is the key to not only maintaining, but growing your practice. The following are a few tips for ensuring that your bedside manner doesn’t impede your ability to attract and retain new clients.

client retention bedside manner law office management

Return Calls Promptly

The legal industry and in particular personal injury law is highly competitive. Speedy response time to new leads is the key to higher conversions (See our recent article about response time:http://www.rwlynchblog.com/the-key-to-converting-more-leads/). But your bedside manner doesn’t end there: lack of responsiveness is the most cited reason for firing a lawyer. Return client calls as soon as possible, even if it’s an email (or a call from a secretary or paralegal) that lets them know that their call is important to you and that you will respond as soon as possible.

Listen

Our most successful attorneys can attest to this advice: listen to everything a potential client has to say about his/her potential case. Yes, some potential clients can run off on tangents that are seemingly unrelated to a case. However, some of the best cases our clients say they’ve landed are cases that other attorneys turned away; simply because they didn’t take the time to listen and ask the right questions. Don’t lose potential clients because “you don’t have the time” to sort through all of the “riff-raff”. Giving your full attention and asking questions will allow you to uncover the important nuggets of information you may miss otherwise.

Don’t Use Legalese

Take the time to explain legal issues in a way your clients can easily understand them. These are complicated issues and clients are often scared and confused. Explaining issues in a clear and concise manner devoid of legal jargon will put your clients at ease.

Above All Empathize

Taking the time to care, explain the process and reassure clients will not only help you retain clients but will create a lasting impression that will ensure those clients will continue to refer new business your way.

Article by:

Brian Lynch

Of:

RW Lynch Company, Inc.

Need Ideas for Your Legal Blog? Here's a Bunch

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If there is one thing I hear over and over again from attorneys when it comes to blogging, it’s this:   “What do I blog about?”

The reason to have a blog is to establish your authority as an expert in your field of practice. You must keep your target market in mind at all times when writing a blog – it needs to be about topics your clients and prospects are interested in, providing good in-depth information on each topic (now more important than ever for SEO) that they can’t find anywhere else.

Still, the creative juices do run dry at times. Which is why it’s so great that the LexisNexis Law Marketing blog has started highlighting monthly events, anniversaries, holidays and observances that have a legal connection.

Here is their list for October/November, categorized by practice area:

Civil Rights Law:

  • October is National Disability Employment Awareness Month
  • October is Gay and Lesbian History Month
  • Oct. 14: Native American Day
  • Oct. 17: United Nations’ International Day for the Eradication of Poverty
  • Oct. 20-26: Freedom from Bullies Week
  • Oct. 21-27: Freedom of Speech Week
  • November is National American Indian Heritage Month

Corporate Law:

  • October is National Crime Prevention Month
  • October is National Cyber Security Month
  • October is National Disability Employment Awareness Month
  • Oct. 16: National Boss’s Day
  • Oct. 16: Support Your Local Chamber of Commerce Day
  • Nov. 3-9: International Fraud Awareness Week

Education Law:

  • October is National Bullying Prevention Month
  • Oct. 20-26: Freedom from Bullies Week
  • Oct. 21-25: National School Bus Safety Week

Elder Law:

  • October is Health Literacy Month
  • October is Long-Term Care Planning Month
  • October is National Organize Your Medical Information Month
  • Oct. 15: Medicare open enrollment begins
  • Oct. 20-26: National Save for Retirement Week
  • November is National Alzheimer’s Disease Awareness Month
  • November is National Family Caregivers Month
  • November is National Home Care and Hospice Month
  • November is National Long-Term Care Awareness Month
  • Nov. 1-7: National Patient Accessibility Week

Environmental Law:

  • Oct. 18: Forty-first anniversary of the passing of the Water Pollution Control Act

Estate Planning:

  • October is Long-Term Care Planning Month
  • Oct. 20-26: National Save for Retirement Week
  • November is National Alzheimer’s Disease Awareness Month

Family Law:

  • October is Antidepressant Death Awareness Month
  • October is Breast Cancer Awareness Month
  • October is Domestic Violence Awareness Month
  • October is Gay and Lesbian History Month
  • October is National Bullying Prevention Month
  • October is National Organize Your Medical Information Month
  • Oct. 17: Get Smart About Credit Day
  • November is Military Family Appreciation Month
  • November is National Adoption Month
  • November is National Alzheimer’s Disease Awareness Month
  • November is National Family Caregivers Month
  • Nov. 1: National Family Literacy Day

Health Care Law:

  • October is Antidepressant Death Awareness Month
  • October is Breast Cancer Awareness Month
  • October is Health Literacy Month
  • October is Long-Term Care Planning Month
  • October is National Organize Your Medical Information Month
  • Oct. 15: Medicare open enrollment begins
  • Oct. 17-24: Food and Drug Interaction Education and Awareness Week
  • Oct. 24-31: Prescription Errors Education and Awareness Week
  • November is National Home Care and Hospice Month
  • November is National Long-Term Care Awareness Month
  • Nov. 1-7: National Patient Accessibility Week

Insurance Law:

  • October is National Crime Prevention Month

Intellectual Property Law:

  • Oct. 29: 44th anniversary of the creation of the Internet

Labor Law:

  • October is National Disability Employment Awareness Month
  • Oct. 16: National Boss’s Day

Personal Injury Law:

  • October is Antidepressant Death Awareness Month
  • Oct. 21-25: National School Bus Safety Week
  • Oct. 24-31: Prescription Errors Education and Awareness Week

Real Estate Law:

  • October is National Crime Prevention Month

10 Free Keyword Research Tools + How to Use Them [INFOGRAPHIC]

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An old friend – Google’s free Adwords Keyword tool – has gone off the grid for good, leaving in its place the new Keyword Planner. The Planner is a little more detailed, but still fairly easy to use and still free.

A recent post at the GroTraffic.com blog had a list of 10 free keyword research tools you will find useful, as well as a good infographic that provides step-by-step instructions on how to conduct keyword research:

Mergewords – especially useful for creating long tail keyword phrases which are critical to your SEO efforts.

Wordstream – will give you up to 30 free keyword results; after that, you have to subscribe.

SEMRush – the first 10 results are free; a subscription is required for more. Data analysis and keyword performance info is also offered on the site.

SEOBook – this site has a free keyword tool that requires free registration to access.

Keyword Eye – if you are more visually oriented, this site is for you.

KGen – if you use Firefox as your browser, this tool is available as an add-on and will rank keywords on any given website.

Bing Keyword Research Tool – part of the Bing Webmaster Tools.

Keyword Spy – lets you evaluate competitive websites for keywords they use.

Thesaurus.com – this website gives you synonyms for your keywords.

Ubersuggest – suggestion tool for more keyword ideas.

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12 Tips to Increase Referrals & Revenues With Email Marketing

Katten Muchin

Despite all the focus these days on social media, email marketing still remains the most effective way to reach prospects, remind clients, and reconnect with referral sources. According to the latest Pew Internet & American Life Project Report, email remains the top use of the Internet across all age groups.

Far too few law firms properly utilize email marketing to generate more referrals and develop new business. I’m going to lay out a game plan for your firm so you can implement an effective email marketing program.

He or She Who Has The Biggest List Wins!

I have said this to audiences for the last several years, but it bears repeating, he or she who has the biggest list wins! Your list is one of the few tangible assets of your law firm that is of a true lasting value. What makes your firm valuable is your ongoing relationship with your current and former clients, prospects and referral sources-that is to say, your list!

As a business owner, you must do everything you can to build, maintain and grow a healthy list of interested prospects, clients and referral sources. Developing a robust email marketing list should be at the core of your law firm’s business development efforts.

Here are proven ways to build a great law firm marketing list:

Insert a newsletter sign-up form on each page of your website and on your blog. Include a brief summary of the benefits of receiving your no-cost, monthly legal newsletter as well as a link to a sample they can read.

Promote your newsletter on social media. A growing number of law firms are using social media as a low-cost method to promote their law firms. Periodically include snippets from your newsletter in your social media.

Invite your connections on LinkedIn to join your list. Send out an email invitation to all your connections on LinkedIn asking if they would like to join your newsletter.

Use networking events to grow your list. If you’re like most attorneys, you have a stack of business cards somewhere on your desk from people you have met at networking events and you haven’t done anything with those names since then. Instead of letting them collect dust, put them on your newsletter list. It is the easiest way to stay connected long-term.

When you have a speaking engagement, provide a sign-up sheet for your complimentary newsletter. This technique has a very high response rate because the audience has already expressed an interest in your practice area by virtue of attending your presentation.

Partner with other non-legal professionals who serve a client base similar to yours. For example, if your area of practice is estate planning, financial planners, CPAs, tax attorneys or real estate professionals might have a target client similar to yours.

The overall goal is to continually grow your list and produce top quality content of interest to your list so they start to see you as a thought leader in the field.

Creating an Email Marketing Program for Your Law Firm

If you do not already have a regular email marketing campaign in place – like a monthly e-newsletter – here are 10 tips to keep in mind as you embark on your list building efforts:

1. Use every opportunity to build your list. Every prospect your office talks to on the phone, every person who fills out a form on your website, every business contact you network with, every visitor to your website or blog, every contact on social media, every referral source you meet for lunch, and every new client you sign up-invite them all to join your monthly newsletter.

2. Give away a free report on a topic of interest to your prospects when they sign up for your newsletter. This is a great way to entice reticent people to divulge their contact information.

3. Only send emails to people who have agreed to receive them. One of the services we offer is “done for you” newsletters for law firms and I will occasionally have a new client ask me about buying a list of targeted prospects. In general, I do not recommend purchase a list of names as they have no existing relationship with you and you will likely receive a lot of spam complaints.

4. Include an opt-out option in every email you send. Make it easy for people who are no longer interested in your content to unsubscribe.

5. Be sure your content is always relevant to your audience. Write about areas they are interested in. Don’t be afraid to take a specific point of view. As famous business author Robert Kiyosaki, author of Rich Dad, Poor Dad put it, I would rather be loved or hated, but not forgotten.

6. Always include a clear call-to-action. Tell them what you want them to do: Do you want them to call your office for a free consultation? Do you want them to visit your blog for more information on a specific topic? Would you like them to attend your upcoming webinar?

7. Use professional email marketing software to send it out. We recommend a program like Constant Contact, Mail Chimp, iContact, or Vertical Response. They are all very easy to use and costs start out around $20 per month. These programs will give you great insight into how many people are looking at your newsletter (open rates), how many people click on a link to “read more” (click through rates), and how many pass it on to a friend (“recommend” rates).

Due to spam blockers and concerns over viruses being sent via email, we do not advise you to send it out via Microsoft Outlook® or even worse as a PDF attached to an email.

8. Send your email on a consistent basis. We recommend every 4-6 weeks, but some of you could send it even more frequently.

9. Test to find out the best time to send your newsletter. The day of the week and the time of day can make a huge difference in the open rates of your newsletter. Email marketing studies show that in general, the best times for sending B2B emails is Tuesday through Thursday between 9:30 a.m. and 1:30 p.m. The best times for sending B2C emails is Tuesday through Thursday between 5 p.m. and 8 p.m. or on the weekend, but your audience may be different and the only real way to find out is to test it.

10. Keep the “from” name consistent. You should use your name or the name of your law firm in the “from” line.

11. Use clear, concise and interesting subject lines. Don’t make people guess what your email is about. Studies have shown the two biggest factors in determining if your email gets open is does the recipient recognize who it is from and the subject line.

Make your subject lines interesting. If you get two emails and you don’t immediately recognize either sender, but one of them has the subject line “10 ways to double your law firm’s revenue this year” and the other one has the subject line “March Newsletter from The Rainmaker Institute,” which one will you be more inclined to open?

12. Keep it short and sweet. You should be able to read your entire newsletter in less than 5 minutes. If you have a great article that is longer simply include several paragraphs in your newsletter then add a link to “click here to read more.” Everyone’s attention span is getting shorter as multiple mediums for messaging continue to grow.

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Promising #1 Rankings is Unacceptable for Legal Online Marketing Vendors

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Every reputable search marketer will tell you that a Web vendor promising number one rankings is blowing smoke. Google’s Matt Cutts warned about vendors that promise number one rankings as far back as 2008, then again in 2012.  Despite these voices, many companies still guarantee number one search engine spots – which raises the question: “Is promising number one rankings really that bad?”

Vendors who promise number one rankings for their law firm clients set unachievable standards for themselves, their clients and the legal marketing profession. Occasionally these damaging black-hat SEO tactics work for a few weeks or months — until Google catches up with them. When that happens, all the money invested into creating your Web presence is wasted.

online marketing rankings google

You can safely bet that Google’s algorithm will constantly change as the search engine giant places increasing emphasis on user experience. Strategies that may secure top rankings today might be the same strategies that hinder a site tomorrow. No company can be certain as to where their client’s site will rank next, and it is misleading for any company to indicate they do.

A legal online marketing vendor must also account for the fact that high rankings for a law firm website do not necessarily equate with an increase in newly signed clients. Websites have a shelf life. Many factors can affect conversions. If your design is dated or stale, you might need an upgrade before users are attracted to your site again. An outdated site conveys a lack of concern for the firm’s Web presence and image, almost as if you hadn’t refurnished your visitor’s lobby in 20 years. Additionally, a website that does not have calls to action and is not designed for conversions will hurt your ability to convert visitors to clients.

A guarantee of a number one ranking may lead a law firm to have unrealistic expectations of its Web marketing company. A vendor that works incredibly hard to stay abreast of search engine marketing trends, takes preemptive measures to protect their client sites and keeps lines of communication open sets the standard. But even that exceptional vendor cannot, and should not, guarantee top search engine spots. What they can and should do is promise to work tirelessly on a campaign to make it the best it can be. All sorts of factors, such as investment levels and client involvement, will affect a site’s ability to outrank other sites. Those factors are not entirely controlled by vendors, even the exceptional ones.

At the end of the day, what you really want is to be able to convert qualified leads into clients and grow your practice. You may not necessarily need number one rankings to accomplish this goal. What you need is a Web marketing vendor who is just as committed to your firm’s success as one of your partners. If the company handling your firm’s Internet marketing campaign is dedicated, then your campaign will be a success – whether your site occupies the first or fourth spot on a search results page.

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Potential Clients Only Care About 3 Things. Here They Are.

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When it comes to doing business with an attorney, prospects only care about 3 things:

  1. The Benefits they receive because of your services
  2. The Value they perceive a relationship with you will bring
  3. The Results they achieve from your service

If you’re an estate planning attorney, don’t sell estate plans.  If you’re a divorce attorney, don’t focus on the types of family law services your firm provides.  If you’re a defense attorney, don’t focus on how many different types of crimes you can represent.

These are all features of your service. People don’t buy features. They buy benefits.

They buy solutions not service, because they expect everyone to have great service.

They buy other people’s experiences of your service.

They buy your credibility as presented by your marketing image.

They buy based on their emotions, but they want logical reasons to justify their decision.

And they buy guarantees and promises, so don’t make them if you can’t keep them.

Fundamentally, the reason why people or businesses seek out your law firm is because they have a problem and they are asking you, “Do you have a solution?”

That’s why your law firm marketing must focus on more than communicating just the features of your product or service.  You must make sure all your legal marketing efforts answer the questions that prospective clients are asking, not just give them a laundry list of everything you can do.