6 Tips to Better Organization for Lawyers

Practicing law involves managing countless details and deadlines. For this reason, organization for lawyers can become a challenge for many lawyers in a high-paced law firm juggling various projects.

Without essential organization skills or resources to support the workload, it’s easy for information or tasks to innocently fall through the cracks. Adversely, this can leave lawyers feeling burnout or overwhelmed which could lead to a deterioration of quality of service, impacting overall client satisfaction.

Maintaining organization for lawyers is more than having pristine files and an uncluttered office — it includes critical skills like strategic planning, time management, and task prioritization.

Why Do Lawyers Struggle with Organization?

For years, lawyers were often depicted as busy professionals constantly shuffling through papers and running to the courthouse. Remote work and the rise in legal technology have certainly modernized a lawyer’s day-to-day activities, but that doesn’t mean those tasks are necessarily organized.

Lawyers have a lot to manage in a high-stress, high-performance environment. Often, this can lead to a system of organization that’s known only to the lawyer — billable hours written on sticky notes, case files interspersed with other papers, and deadlines tracked on a notepad. To avoid chaos, here are a few tips to have a more organized work life.

Organization for Lawyers: 6 Tips

Maintain an Organized Workspace

There’s no right or wrong way to set up an office or workspace, but it should work for you. That said, clutter can be a barrier to organization. Keep your desk tidy and free of clutter. Put away anything you’re not working on right now and gather loose documents and file them.

If your law firm relies on paper, consider the benefits of transitioning to a digital process. Lawyers have traditionally dealt with mass amounts of paper which can lead to disorganization and hinder productivity. Limiting the amount of paper you use in your day-to-day with a digital filing system will greatly improve the accessibility you have to the work you need.

Establish a Routine

While we all have the same amount of hours in the day, the way we use them directly impacts our productivity.

Highly productive people often start the day with a priority to-do list that reflects the tasks that absolutely must get done that day. The rest are tasks that you could do, if you have time, to get a jump on the next day’s work.

When you’re planning your routine, be sure to leave time to make calls and emails, take a break, and have lunch. Before signing off for the day, take a few minutes to create your priority to-do list for the next day.

Block Time

We’re more connected than ever before, which comes with the pressure to stay in touch with work colleagues, family, and friends at all times. Our devices can become a source of distraction instead of productivity at work.

This is where blocking time comes in handy. For some, using time blocks and a calendar is more effective than to-do lists. Use your calendar as a time-blocking tool and divide your day into different blocks of time, each with a specific task.

Improve Time Management

Lawyers often find themselves struggling to balance time spent on non-billable administrative tasks and their caseload.

Fortunately, legal project management tools can help with time management, time tracking, and overall organization, with project management features to manage your caseload along with time tracking and billing functionalities. The right platform allows you to separate time and expenses, add notes or related files, collaborate with colleagues, and set customizable notifications to ensure you’re focused on the highest-priority tasks.

Commit to Better Communication

One of the casualties of disorganization is a reduction in client satisfaction. This can be due to a decrease in the quality of service a lawyer provides because they’re so busy.

A simple way to combat this is by blocking time, but also leveraging modern technology to streamline your communication. Features like client portals are a way for clients to feel connected to your firm while also having on-demand access to the information they need.

Track Time in Real Time

When you’re shuffling between cases, it can be easy to lose track of your billable time. This is why it’s important to have resources that allow lawyers to work as they go without having to guess how many hours they spent on a client.

Neither overestimating nor underestimating billable hours is good for a law firm. If you overestimate your time, you could be in violation of the American Bar Association’s Rule 1.5 on billing and fees. If you underestimate your time, you’re leaving money on the table for valuable services you’ve provided to your client.

Tracking time in real-time is important for accuracy and your organization’s well-being. Time tracking tools allow you to set timers on your laptop, tablet, smartphone, or desktop.

Proper timekeeping not only helps you stay organized and bill accurately, but it helps you identify where you could improve your time management and productivity to get more accomplished in your day.

How Legal Technology Keeps Lawyers Organized

Law practice management software offers plenty of tools to help you stay organized. Time tracking, project management, and document management tools ensure you can organize files, plan your calendar and tasks, communicate with clients, and track time to improve your productivity from anywhere.

Organized Lawyers Are an Asset

Firms and clients realize the value of having modern processes to assist lawyers with staying on top of tasks and deadlines. It may not happen overnight, but taking steps toward better organization with tools like law practice management software will improve your efficiency and productivity.

This article was authored by Nina Lee of Bill4Time.

For more law office management news updates, click here to visit the National Law Review.

©2006-2022, BILL4TIME. ALL RIGHTS RESERVED.

The “Iron Curtain” has Fallen: A Radical Shift in Lawyers Representing Whistleblowers

Whistleblower Network News (WNN) recently revealed, for the first time, that major corporate law firms specializing in representing defendants before the U.S. Securities and Exchange Commission (SEC) have, in some cases, switched sides and are now representing whistleblowers who are turning in corporate fraudsters.  All but one of the firms identified by the SEC did not call public attention to their new-found client base – most likely because they did not want to upset their bread-and-butter corporate clients.  It appears that major corporate law firms now understand that the Dodd-Frank Act’s whistleblower reward provisions are incredibly effective in incentivizing corporate insiders to report fraud, even when those insiders are executives usually on the other side of a whistleblower issue.  Lawyers who traditionally represent whistleblowers understand that Dodd-Frank is well designed and is being professionally implemented by the SEC.  Corporate lawyers and their firms have apparently caught on to this new reality and are now representing whistleblowers.

That defense firms are now actively engaged in representing whistleblowers cannot be denied.  Lists of law firms that have prevailed in Dodd-Frank whistleblower cases, disclosed in response to Freedom of Information Act (FOIA) requests filed with the SEC, document that 9.3% of firms that have obtained rewards on behalf of whistleblowers were traditional defense firms.  These firms include some of the largest defense firms in the United States that represent numerous corporations subjected to SEC enforcement actions for violating securities laws as well as firms that have defended corporations against whistleblowers in retaliation cases.

If that statistic holds, it is clear hundreds of corporate defense firms or their attorneys are representing whistleblowers in confidential investigations.  Why are these cases still under review?  Dodd-Frank is still a young law, and the vast majority of cases have not yet resulted in formal reward determinations.  Cases often take five years or more to be finalized, and as of the end of Fiscal Year 2021 over 51,000 whistleblower cases had been filed with the SEC.  Furthermore, under the FOIA requests the SEC only released the names of law firms that prevailed in a whistleblower case.  The names of firms that did not prevail in a claim, or firms that represent whistleblowers in ongoing investigations, were not disclosed.

Time will tell whether defense firms’ representation of whistleblowers who accuse their employers (or other corporate wrongdoers) of fraud is a good or bad development.  But unique issues will arise whenever a firm that primarily generates its profits from representing corporations accused of wrongdoing switches sides and represents a whistleblower who has accused an executive of engaging in fraud.  Although such representations may be permitted under the attorney’s rules of ethics, this does not mean that such representations are always in the best interest of a lawyer’s clients.  There are inherent potential conflicts whenever a defense firm switches sides and decides to represent a whistleblower reporting major corporate crimes.

Regardless of where you stand on this issue, one thing is clear: the ethical, policy and legal implications of defense firms representing whistleblowers is a dramatic shift in legal practice and must be carefully evaluated.  Defense firms must understand that whenever they represent a whistleblower, they must zealously advocate on their behalf, even when the precedents set by their cases may be used against their corporate clients.  Likewise, whistleblowers need to be aware of the implications of choosing a lawyer whose primary practice is representing corporate crooks.  Conflicts of interest may not initially be visible but can unfold as a case progresses.

The Revelation

In August of 2022, Bloomberg Law and a draft non-peer-reviewed article published by University of Kansas Professor Alexander Platt raised the issue of which law firms represent whistleblowers.  Bloomberg and Platt obtained lists of law firms that prevailed in Dodd-Frank whistleblower cases.  They used the lists to identify a small number of firms, all of which could be classified as pro-whistleblower firms.  These firms’ practices are centered on fighting corporate fraud and speculated whether these firms were being given preferential treatment by the SEC. Neither publication offered proof of any wrongdoing.  But Platt and Bloomberg did not list all the law firms that prevailed in Dodd-Frank cases.  Significantly, neither even mentioned the fact that major defense law firms had already filed and won Dodd-Frank cases on behalf of whistleblowers.  Additionally, the two authors did not explore the special issues that could arise when firms dedicated to defending white-collar criminals quietly switch sides.

In response to Platt and Bloomberg, WNN filed its own Freedom of Information Act (FOIA) request to obtain access to the documents relied upon in the two articles.  The SEC released over 1000 pages of documents to WNN, including all its correspondence with Platt and all the records provided to Platt (and Bloomberg) that identified law firms that successfully represented whistleblowers.

On September 27, 2022, WNN revealed, for the first time, that the SEC had identified 64 law firms that successfully obtained a reward on behalf of a whistleblower.  Among those firms were six that primarily represent corporations and individuals accused of corporate crimes.  These defense firms included industry giants such as Winston & Strawn and Akin Gump.  Together, the defense firms have already obtained over $56 million in rewards on behalf of whistleblowers.  In response to the Platt, Bloomberg, and WNN FOIA requests, the SEC only identified firms that had already prevailed and obtained a reward on behalf of their clients. Approximately 50,000 cases are pending within the SEC’s reward program, and there is a long delay in processing whistleblower cases.  Therefore, one can assume that numerous other pending cases where these or other defense firms are actively representing whistleblowers that were not disclosed by the SEC.

It is important to note that the Dodd-Frank provisions only apply to large fraud cases.  No reward is available unless the SEC issues sanctions against the entity being investigated in excess of $1 million.  Thus, the cases previously targeted by the defense firms and currently under investigation by the SEC would implicate major frauds.

The defense firms identified by WNN as being listed in the SEC-released materials were:

Winston & Strawn, LLP:  Winston advertises itself as defending “companies and individuals in SEC enforcement and regulatory matters related to allegations involving securities fraud.”  But not mentioned on its webpage is that it also represented a securities law whistleblower who obtained a $2.2 million reward.

Akin Gump Strauss Hauer & Feld LLP: Akin Gump also describes its practice as representing “companies and individuals” under investigation by various regulatory agencies, including the SEC.  Akin’s attorneys obtained a Dodd-Frank reward of $800,000 award.

Haynes and Boone, LLP: This 600-lawyer defense firm’s website explained that it has “represented employers” in “whistle blowing.”  However, the SEC documents revealed the firm also represented a whistleblower who obtained a “20%” award against a corporate fraudster.

Levine Lee LLP:  Although this firm markets itself as successfully representing clients accused of violating anti-fraud laws, like the other defense firms, it has apparently started a whistleblower practice and obtained a reward of $10 million on behalf of a whistleblower.

Leader Berkon Colao & Silverstein LLP:  This defense firm prevailed in cases filed on behalf of two separate whistleblowers and had considerable success.  Their whistleblower clients obtained $15 million and $27 million in awards.

Sallah Astarita & Cox, LLC: Although this firm “regularly represents financial institutions” in “fraud” cases, the firm also represented a whistleblower who obtained a $1.8 million award.  Sallah Astarita was the only firm that listed its Dodd-Frank Act whistleblower case on its website as among the victories achieved by one of its partners.

The SEC’s Dodd-Frank Whistleblower Program

Professor Platt and Bloomberg Law criticized the SEC’s Dodd-Frank program as having a bias in favor of a small number of whistleblower-rights law firms that had employed former SEC lawyers.  However, the information revealed by WNN completely refuted this negative implication raised by Platt and Bloomberg.  Instead, the FOIA documents support a finding that the SEC program is a paradigm of fairness and openness.  The extensive correspondence between Platt and the SEC demonstrates that the Commission freely disclosed the names of the firms that had won cases while carefully balancing the confidentiality needs of the whistleblower clients.  These numbers illustrate a program open to law firms regardless of their reputation or whether they employ former government lawyers.  They also reveal a program open to working directly with whistleblowers and rewarding them even if they had no lawyer.  Not one document produced provided any evidence whatsoever of wrongdoing, bias, or unprofessionalism.  The numbers speak for themselves:

  • Over 50 pro se whistleblowers won cases on their own behalf.  This high percentage of unrepresented applicants who successfully navigated the SEC’s program is remarkable.  In other legal programs, pro se whistleblowers (and other unrepresented persons) lose the vast majority of their cases.  Not so under Dodd-Frank. This demonstrates a high level of commitment by the SEC to helping individual whistleblowers who could not afford or obtain lawyers.
  • Of the 64 law firms that prevailed in a Dodd-Frank reward claim, only 12 had hired former SEC lawyers to assist in the cases.  Thus, the vast majority of successful law firms (52 of the 64) had no “insider” connection to the SEC.   This fact demonstrates the Commission’s staff’s willingness to work closely with attorneys who had no “friends” in the agency and whose information was solely merit-based. Moreover, a significant percentage of the firms that did employ former SEC or Justice Department lawyers were the very defense firms that Bloomberg Law and Platt did not discuss or analyze.
  • The Commission’s staff demonstrated no bias against firms based on their practice areas.  The Commission’s enforcement staff and Whistleblower Office worked with law firms that were defense-based (6) and law firms that traditionally represent whistleblowers or employees in lawsuits against companies (many of the remaining 58).

The FOIA documents support a finding that the Commission’s staff is open to whistleblowers, regardless of whether they represent themselves or whether or not the firms raising the concerns have any “insider” connections.   Organizations such as the National Whistleblower Center, which regularly works with whistleblowers, have widely praised the program, as have the last three Chairs of the SEC, appointed by Presidents ObamaTrump, and Biden.  The Commission itself confirmed that as of September 2021, it returned over $1.3 billion to harmed investors based on whistleblower cases.

The Future Role of Defense Firms in Dodd-Frank Cases

The SEC cannot implement special rules that would be prejudicial to traditional defense firms that file whistleblower cases.   Likewise, whistleblowers have the right to hire counsel of their choice and, in most cases, can knowingly waive potential conflicts of interest.  But the mere fact that traditional defense firms can lawfully represent whistleblowers without violating any SEC or local Bar rules does not address the special problems that may exist when a defense firm represents a whistleblower.  For example, such representations can result in significant conflicts of interest that may not be apparent at the commencement of a case. This may result in the whistleblower’s attorneys not advocating for legal precedents that could harm their other corporate clients.

Traditional defense firms should implement internal procedures to guard against potential problems based on the obvious conflicts that can arise when they represent clients on both sides of whistleblower-disclosure cases.  More significantly, it is absolutely crucial that whistleblowers fully understand the potential for conflicts of interest when deciding on the best attorneys to hire.  Attorneys working for defense firms must clearly spell out these issues and ensure that when representing a whistleblower, their prospective client is fully aware of all the risks and limitations.

Among the rules, procedures, and practices that defense firms should implement or carefully consider are:

  1. At the very least, defense firms representing whistleblowers should identify this on their websites.  Corporate clients should know that the firm also represents whistleblowers and should be able to question counsel on these matters so they feel comfortable that no conflicts would arise.
  2. Whistleblower clients need full disclosure of how the defense firm’s primary practice may impact the representation.  This is particularly true whenever a case would require advocacy on behalf of a whistleblower that could expand legal interpretations benefiting whistleblowers.  It is hard to reconcile how a law firm defending some clients against whistleblowers can effectively argue before administrative agencies or courts of law legal precedents that could expand the rights of whistleblowers.  These expanded rights could and would ultimately not be to the advantage of corporate clients accused of wrongdoing.
  3. Similarly, defense firms need to reconcile how they can advocate for a whistleblower who engaged in tactics, such as removing documents or one-party tape recording, that their corporate clients may find offensive.  This is particularly true when the zealous representation of a whistleblower requires expanding the ability of whistleblowers to obtain evidence of wrongdoing, and the precedent this advocacy establishes may be used against the firm’s current or future corporate clients.
  4. The potential for a conflict of interest needs to be fully explored in every case.  One issue that firms and clients may not be fully aware of is how the “related action” provisions of the laws impact potential conflicts.  Once the SEC obtains a sanction of over $1 million in any case, all “related actions” become eligible for a reward.  Sanctions issued by other law enforcement or regulatory agencies based on “related” claims can form the basis of a reward.   When examining whether a conflict exists, law firms need to look beyond the SEC action and determine witnesses, parties, and issues that may be implicated in a “related action.” This determination is critical even if the related action is not based on any securities law violation.
  5. Defense firms can also explore ways to refer potential whistleblower clients to attorneys whose practices are based solely on representing whistleblowers.  These referrals would help ensure that the defense firm is not conflicted (either as a matter of ethics or marketing) and that the client can obtain the best counsel.

Conclusion: The Iron Curtain has Fallen

Whistleblower representation is entering a new world.  The “iron curtain” that formerly separated law firms that represent corporate crooks from those that represent whistleblowers has fallen. This new reality is not without serious risks to whistleblowers (and corporate clients).  Whistleblowers must be fully aware of the dangers of having a corporate law firm represent them.  Corporate law firms must institute procedures to guard against conflicts of interest and to ensure they can zealously represent whistleblowers.  Zealous representation is needed even when the precedents established in these cases may create trouble for their other client base.

At the end of the day, the fact that defense law firms are now representing whistleblowers affirms the success of Dodd-Frank.  It is an affirmation of the critical nature of the information whistleblowers provide to the government and the role of this insider information in stopping otherwise hard to detect corporate crimes.  The “iron curtain” has fallen, but it has fallen in the direction that helps whistleblowers.  It has fallen in the direction that affirms the quality of their disclosures. It refutes the often-repeated slander that whistleblowers are somehow simply disgruntled employees.

Whistleblowers are essential to ensuring fairness in the markets, holding wrongdoers accountable, and deterring future wrongdoing.  The SEC has publicly recognized this, and now leading corporate defense attorneys have quietly recognized it. Defense firms like Akin Gump, Winston and Strawn, and Hayes and Boone got it right when they advocated for paying whistleblowers substantial rewards.  Whistleblowers whose information holds corporate criminals accountable deserve large rewards. These rewards are in the public interest, and the SEC Dodd-Frank whistleblower program must be protected, enhanced and expanded.

Sources:

  1. Whistleblower Network News, “WNN Exclusive: SEC FOIA Documents Reveal Big Law Defense Firms are Confidentially Representing Dodd-Frank Whistleblowers,” (September 27, 2022)
  2. List of Law Firms that Obtained Rewards in Whistleblower Cases as of 2021
  3. List of Awards Obtained by the Six Defense Law Firms
  4. List of pro se Cases where Whistleblowers Obtained a Reward
  5. FAQ on the SEC’s Dodd-Frank Act program
  6. FAQ on Confidentiality of Dodd-Frank Act claims
Copyright Kohn, Kohn & Colapinto, LLP 2022. All Rights Reserved.

How to Use Images and Blogs to Boost Your Google My Business Profile

Whether you are wondering if you should create a listing for your business or searching for the most effective ways to boost your local presence, Google My Business is a wise investment of time. Not convinced yet? Consider the following statistics:

  • 97 percent of people learn more about a local company online than through any other source
  • Over 90 percent of the search engine market share belongs to Google
  • According to Google, 46 percent of all searches have local intent
  • 64 percent of consumers have used Google My Business to find contact details for a local business

Listing your law firm on Google is a significant step towards a complete online presence, but it doesn’t stop there. For instance, you should update your Google My Business Profile every month or so. While this profile isn’t a social media profile, it still requires the same amount of cultivation.

The Benefit of Adding Pictures

There are a few more ways you can leverage your profile to your advantage.  One of these ways is to use images to help boost your profile. For example, using photos on your Google Business Profile is beneficial not just for aesthetics but also to provide your law firm with an SEO advantage.

According to Google, businesses that use pictures on their Business Profiles see 42 percent more direction requests on Google Maps and 35 percent more clicks through to their websites than those who don’t use them. In fact, after a 2020 experiment, DigitalMaas came to the same conclusions. There’s no denying that law firms and attorneys who regularly upload photos on their listings will get more clicks and appear more on search results than their competitors who don’t.

When adding pictures, ensure you:

  • Add photos promptly. Without pictures, Google will default to showing street views which can make potential clients doubt if you are still in business.
  • Add photos regularly, including different shots and angles, taken at various times of the day.
  • Use quality photos without over-editing them. You want them to be clear but not filtered.
  • Use categories when adding pictures. Having a minimum of three relevant photos for each category is recommended.
  • Stay relevant to your location—avoid using screenshots, stock photos, GIFs, and other manually created images.

The Benefit of Blogs

Blogs are an essential piece of SEO marketing. If your firm doesn’t already publish one, now is the time. In addition to publishing your blog on your website, make sure you take its URL along with the picture and create a post from your Google My Business Account. Google will recognize your blog under your profile, and you will start to rank higher in SEO. When you add your blog to your Google Business Profile, you essentially double the benefit of having a blog without doubling the work. Linking a blog to your profile shows your authority in the legal realm and that you remain active online.

Don’t Forget Reviews!

Another key piece of optimizing your Google My Business profile is adding reviews. Google knows that reviews are the primary influence on consumer behavior, so they are a crucial ranking factor in the algorithm. However, you can’t add reviews if you don’t have any. Getting more reviews can be simple if you follow these tips:

  • Start with your long-time, loyal clients.
  • Make leaving a review as simple as possible by creating a review shortcut link or using a shortcut link generator.
  • Add a “Reviews” page on your website with a call to action to leave one.
  • Don’t forget to ask for reviews by email, text, social media, and in-person conversations.
  • Let clients know that reviews help others in similar situations to find a solution and make informed decisions.
  • Respond to reviews as this will incentivize clients to leave theirs and improves your local SEO.
© 2022 Denver Legal Marketing LLC

September 2022 Legal Industry News and Updates: Law Firm Growth and Expansion, Industry Recognition, and Spotlights on Women in Law

Happy autumn from the National Law Review! As the seasons change, we hope you are having a safe and healthy year. Please read on for the latest news coverage in the legal field, including law firm hiring and expansion, industry awards and recognition, and continued updates on women in law.

In addition, please be sure to check out Episode 4 of the Legal News Reach podcast: “The Perfect Storm: Law Firm Marketing & Business Development Budgeting with Beth Cuzzone, Global Practice Leader of Intapp.”

Law Firm Hiring and Expansion

Shumaker, Loop & Kendrick, LLP has named two new attorneys to lead their growing Public Sector practice group: partner Andy Mayts will serve as the chair of the group, and partner Patrick Duggan will serve as co-chair. Mr. Matts focuses his practice on banking, finance, and construction-related litigation. He handles complex civil litigation for many clients, including large businesses, national banks, and other financial institutions. Mr. Duggan practices employment law and litigation in complex workplace public sector and business disputes, with a specific focus on the Americans with Disabilities Act, the Fair Labor Standards Act, and other prominent legislation.

“It will take unique thinking and creativity to help governmental and public entities meet the growing needs of our communities,” said Shumaker Management Committee Vice Chair Jennifer Compton. “Andy and Patrick are top-performers and ready to meet this demand. With their leadership, we are confident that Shumaker’s Public Sector Practice will have continued growth and success.”

Stephanie J. Blumstein has joined law firm A.Y. Strauss as a partner in the Franchise practice group. Ms. Blumstein has a great deal of franchise litigation experience, including matters related to breach of contract, trademark infringement, fraud claims, business competition, and lease negotiations. She has assisted prospective franchisees as well as veteran franchise owners on all types of issues. Ms. Blumstein was also recognized in the 2023 edition of The Best Lawyers in America.

“I am thrilled to welcome Stephanie to the team,” said Marisa Rauchway, chair of the firm’s Franchise Group. “As a veteran of the national franchise community, her broad legal talents and deep industry knowledge will add immediate value to both existing and future clients of our practice.”

Michael Best added Dan Forest, former Lieutenant Governor of North Carolina, as a senior advisor in the firm’s Raleigh office. Joining the Government Relations practice group, Mr. Forest assists Michael Best Strategies with developing a strong bipartisan team of professionals who are focused on serving clients with public affairs and government relations needs. In his former role as Lieutenant Governor, Mr. Forest also served as President of the North Carolina Senate, Chairman of the Energy Policy Council, and Chairman of the Digital Technology Committee as a member of the State Board of Education.

“We’re excited to add Dan to our leadership team in North Carolina,” said Andy Jones, North Carolina Managing Partner for Michael Best & Friedrich, LLP. “Dan’s record of service and deep network across the State will help us continue to build our entrepreneurial-minded team of professionals and round out our ability to provide full-service solutions to our clients.”

BakerHostetler added Lisa Houssiere as a member of the firm’s Litigation Practice Group and Energy Industry team in their Houston office.  Ms. Houssiere has extensive experience in international disputes and investigations, particularly in the energy sector, and has worked on several high-profile Foreign Corrupt Practices Act cases and advised clients under investigation by the U.S. Department of Justice, the Federal Bureau of Investigation, the Commodity Futures Trading Commission and the European Commission.

Commenting on Ms. Housssiere’s addition to the firm, W. Ray Whitman, chair of BakerHostetler’s national Litigation Practice Group, stated. “Her range of trial work, including complex energy, antitrust and intellectual property matters, brings additional depth to our internationally recognized litigation practice.”

Venable LLP expanded its Product Liability and Mass Torts team in the Chicago and Los Angeles with the addition of partner John Roberts (Chicago) and partner Karen Firstenberg (Los Angeles). Mr. Roberts assists clients in the areas of product liability, commercial litigation, insurance recovery, and regulatory compliance, with much experience serving as national litigation counsel for a variety of clients. Mrs. Firstenberg provides counsel to life sciences companies on compliance, toxic torts, and product liability, representing clients in all fields, including medical devices, materials science, biotech, and pharmaceuticals.

“We are thrilled to welcome John and Karen to Venable and to our product liability team. Their addition will not only diversify our practice, but further solidify our presence in Los Angeles and expand it to Chicago, a long-standing life sciences hub and the home of some of our most valued clients. John and Karen’s success in the courtroom also deepens our bench of proven products trial lawyers,” said Kathleen Hardway, a co-chair of Venable’s Product Liability and Mass Torts Group.

Industry Awards and Recognition

Steve Adamczyk, partner at Varnum LLP, has been named to the 2022 Gulfshore Business 40 Under 40. This magazine seeks to recognize young legal professionals in the Southwestern region of Florida who have aided the area through volunteer work and philanthropy. Mr. Adamczyk has served on the board of the Florida Southern Gulf Coast to Heartland Chapter of the American Red Cross since 2015. He has also supported local elected officials and long-term recovery efforts in the wake of Hurricane Irma.

Mr. Adamczyk has a great deal of experience in estate and trust planning services. At Varnum, he broadly focuses his practice on residential and commercial real estate transactions, as well as community association representation, providing counsel and assistance for condominium and homeowners associations across the state of Florida.

Katten Muchin Rosenman LLP was recognized at the 2022 HFM US Services Awards ceremony as the best onshore law firm for hedge fund client services in the United States. Recipients were chosen by a panel of leading hedge fund chief operating officers, as well as chief financial officers and general counsels. Wendy Cohen and Allison Yacker, co-chairs of the firm’s Investment Management and Funds practice, accepted the award on behalf of the firm.

Lance Zinman, Global Chairman of Katten‘s Financial Markets and Funds group, said the following of the award: “Receiving this distinction underscores what clients and others have told us they appreciate about Katten: That we provide excellent and sophisticated counsel in a business-savvy manner that takes into account the practical aspects of our clients’ business; that we analyze complex market and legal issues and close investments and transactions, navigating regulatory issues quickly and comprehensively; and that we quickly see the big picture, to name just some of what we hear.”

Lawmatics, a leading legal client relationship management platform, was named a “Hot Product” in the 2022 TechnoLawyer Buyer’s Guide. TechnoLawyer continues to report on the latest developments in legal technology and law office management; the publication cited Lawmatics’ versatile automation capabilities as a particularly significant feature that set the platform apart.

“We’re extremely proud to be identified as a premier tool for helping law firms grow,” said Matt Spiegel, CEO of Lawmatics. “Our software empowers law firms to spend less of their time on administering the business of their practice, and more time focusing on the clients they serve. We know that firms thrive when they can prioritize people rather than paperwork.”

Thomas F. Zych, co-chair of Thompson Hine’s Antitrust, Competition & Distribution and Emerging Technologies practices, and Privacy & Cybersecurity team, has been selected to chair the American Bar Association’s Antitrust Law Section, through August 2023.

Based in Cleveland, Mr. Zych has over 39 years of experience in a wide range of data protection, intellectual property, consumer protection, social media, competition and antitrust matters. He also represents a full range of business enterprises in their privacy and data security operations.

Los Angeles Business Journal’s 2022 “Most Admired Law Firms” list added Sidley, as one of the most distinguished and “best law firms to work for” in the Los Angeles area. The Los Angeles Business Journal’s list recognizes law firms who are working toward creating diverse, positive, and supportive professional environments.

Of note is the 2022 launch of Sidley’s “Built to Lead,” program designed to help the firm’s associates by equipping them with greater business acumen by partnering with top business schools and helping young lawyers grow their leadership capabilities by partnering with select nonprofit legal and community organizations.

Women in Law

Foley and Lardner Partner Natasha Allen has been recognized on The Recorder’s California Legal Awards “Women Leaders in Tech Law” list. A co-chair of Foley’s Venture Capital Committee and Innovative Technology Sector Artificial Intelligence Section, Ms. Allen guides domestic and international corporations through mergers, acquisitions, and divestitures, with a special focus on cybersecurity, software, and virtual reality firms.

The California Legal Awards celebrate legal innovators who are influential in the ongoing development of technological jurisprudence. Allen and her peers will be celebrated at an awards ceremony on November 3, 2022.

Paula Cozzi Goedert, a leading nonprofit attorney with Barnes and Thornburg specializing in tax, compliance, and strategy, has been recognized on Crain’s Chicago Business 2022 “Notable Women in Law” list. Crain’s annual list illustrates the power of women in law by showcasing leaders with compelling professional stories.

Ms. Goedert chairs Barnes and Thornburg’s Associations and Foundations Group and has served over 300 clients, including the National PTAAmerican College of SurgeonsAmerican Library Association, and Bank Administration Institute. Goedert’s expertise was invaluable during the COVID-19 crisis, where she guided her clients through challenges including staff furloughs, endowment raids, and insurance claims.

Additionally, Perkins Coie Partners Gina LaMonica and Lucy Park, were included on the 2022 Chicago Business Notable Women in Law list, whose requirements include mentoring other women lawyers, promoting inclusive practices in the workplace, and assuming a leadership role in professional organizations and civic and community service initiatives.

Ms. LaMonica practices white-collar criminal defense and is regularly retained to conduct internal investigations involving employee misconduct, regulatory violations, financial fraud, and is co-chair of Perkins Coie’s Educational Institutions & Services industry group and a co-founder and current secretary of the Chicago chapter of the national Women’s White Collar Defense Association.

Ms. Park  a partner in Perkins Coie’s Trust & Estate Planning group, counsels high-net-worth individuals, families, and family-owned businesses on wealth preservation and transfer, charitable giving, and succession planning and is a member of the firm’s Executive Committee, Strategic Diversity Committee,  and co-chair of the firm’s Women’s Forum, a  resource group, which works to attract, retain, and promote and support the firm’s female lawyers.

Former White House Administrator Sharon McGowan is adding her anti-discrimination background to her new role as partner at nationally-recognized civil rights law firm Katz Banks Kumin. Ms. McGowan has previously worked as Chief Strategy Officer and Legal Director for the Lambda Legal Defense and Education Fund, staff attorney with the ACLU’s LGBT and AIDS projects, and lead attorney for seminal trans workplace antidiscrimination case Schroer v. BillingtonDuring Obama’s administration, Ms. McGowan worked toward ending various forms of discrimination as Principal Deputy Chief at the U.S. Department of Justice’s Civil Rights Division and Acting General Counsel and Deputy General Counsel for Policy at the U.S. Office of Personnel Management.

“Sharon is a brilliant legal advocate who has played an unparalleled role in securing some of our nation’s greatest achievements in civil rights,” said firm Co-Founding Partner Lisa J. Banks. “Her unique perspective and wide range of counseling experience will be a tremendous asset to our clients in the areas of whistleblower law, employment law, sexual harassment law, and civil rights and civil liberties matters.”

Firm Co-Founding Partner Debra S. Katz added: “Sharon’s experience as one of President Obama’s top anti-discrimination attorneys, as well as her deep level of public policy and advocacy expertise, will be invaluable to our clients and the firm’s ongoing efforts to advance civil rights in the workplace.”

Copyright ©2022 National Law Forum, LLC

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for jury selection in the trial jurisdiction. Although local counsel can be a great resource for obtaining more information about jurisdictional rules and individual judges’ preferences, there is also a wealth of information available in online publications to help you prepare for what to expect in most trial venues.

Rules of Civil Procedure

The vast majority of states outline their procedures for jury selection, including standards for hardship and cause, within their Rules (or Codes) of Civil Procedure. These days, many states post their statutory Rules of Civil Procedure directly on the court’s website. It may take a little fishing, but a search for the “[State] Rules of Civil Procedure” on any major search engine will often yield a link directly to the table of contents, where you can then locate the sections pertaining to jury selection.

For example, California’s Code of Civil Procedure Sections 190-237 on Trial Jury Selection and Management provides detailed guidance to judges and attorneys regarding juror questionnaires, mini-openings, breadth and scope of voir dire, and the processes and standards for exercising challenges, among other things. Though less detailed than California, Virginia’s standards and procedures are also online. As another example, the Louisiana Legislature posts its Code of Civil Procedure online, with the procedures and standards for jury selection beginning with Article 1751.

Of course, this information can also be obtained through subscription services like Westlaw and LexisNexis, but if you need to access the statutory language quickly from a tablet or cell phone in court, it is wise not to discount these shortcuts.

Handbooks and Articles

Other valuable resources for trial attorneys include handbooks and articles that summarize the pertinent information. These handbooks are sometimes published by the courts themselves, such as New York’s Implementing New York’s Civil Voir Dire Laws and Rules. This 32-page handbook is especially helpful since, in this jurisdiction, voir dire and jury selection is conducted almost entirely outside the judge’s presence and there are bound to be disagreements between the parties. The handbook is written in common vernacular and includes a helpful table of contents for quick reference, along with citations (and corresponding links) to supporting statutory language from the New York Civil Practice Laws and Rules.

Many bar associations also publish articles that summarize the applicable statutes, as well as the subsequent case law, that further define the scope of voir dire in these jurisdictions. For example, this article on the law of jury selection in Missouri state courts, published in the Journal of the Missouri Bar, discusses limits that the court has imposed on the scope and manner of jury selection, including the incorporation of jury instructions, previewing case facts, seeking commitments and rehabilitation—to name a few. It also includes a lengthy explanation of how the courts deal with juror non-disclosure in this jurisdiction.

While we always recommend that counsel review and Shepardize or KeyCite any case law they find in articles such as these, they can be a valuable first step in identifying the important rulings that may be at issue during jury selection in any given jurisdiction.

Incorporate Cause Standard into Voir Dire Questions

Some of the most important pieces of information to know in advance of voir dire are the court’s standards for securing cause challenges. While each judge may have their own “magic words,” incorporating the statutory language into your cause sequence and rehabilitation efforts can be a powerful tool for gaining an edge over opposing counsel.

For example, knowing whether the statute references words such as “fair,” “impartial,” “bias,” “unequivocal,” “assurance,” or “leaning” should guide the language you use when questioning the jurors. Then, when cause challenges are argued before the judge, we advise counsel to first cite the statutory language, followed by the quotes from jurors that mirror such language. While this is not a fool-proof technique—judges can always exercise their discretion—it will be difficult for any judge to deny a challenge that directly reflects the legal standard.

Similarly, if opposing counsel fails to get jurors to echo the statutory language, you can argue that they have failed to meet the requisite cause standards, increasing the odds that their challenges will be denied.

Prepare for Jury Selection

We recommend researching the applicable rules or code in advance of jury selection and printing them, so they are readily available to cite or hand over to the judge when appropriate. It is also helpful to know your judge’s procedures for jury selection. (Some important questions to ask local counsel can be found in this article.)

Though most jury consultants are not lawyers, selecting a jury consultant with experience in your trial jurisdiction is an important consideration. Your consultant may be able to help you prepare for jury selection by identifying what information you will need to gather in advance and helping you find it quickly.

© Copyright 2002-2022 IMS Consulting & Expert Services, All Rights Reserved.

Medical Staff Leaders: 10 Things Your Lawyers Want You to Know

Whether you are new to medical staff leadership or have served in the past and have been called to serve again, there are times when you will need to consult a lawyer who specializes in medical staff matters. While there is nothing simple about medical staff affairs, there are some basic guidelines and protections that your lawyers would like you to know that will make your term easier and make you more effective.

Understand that hospitals and medical staffs are highly regulated organizations with a myriad of laws and standards that must be followed. As a medical staff leader, advisor or medical staff professional, you are leading and advising the professionals responsible for practitioner competence and conduct within the organization. Medical staff law has evolved from the lawyer in the office who would return your call in a week, or fax you a letter, to a specialty area where your lawyer is your partner and there to assist in all aspects of medical staff affairs.

We hope you will benefit from and find the following 10 recommendations make your term or role more informed and manageable.

10. Keep Your Governance Documents Up to Date and Reflective of Actual Practice.

We don’t suggest you must read every page of your governance documents, but you should be sure you know where to look and how to use them. Governance documents include the medical staff bylaws, credentialing manual, hearing plan, rules and regulations, policies and other documents approved by the medical staff and designed to set and guide medical staff processes. Too often we have found the documents will conflict or are missing critical passages. Your medical staff bylaws or medical staff governance committee can be one of the strongest committees in the organization. This is the committee that will annually review the documents and make sure they are internally consistent, reflect actual practice and are relevant to your organization’s practice and clinical services. Remember the medical staff bylaws set the overall guiding principles for the medical staff organization. All other governance documents flow from the foundation of the medical staff bylaws and must be consistent with their principles and mission. Undoubtedly, there will be some inconsistencies but look at those inconsistencies as opportunities to reexamine the principles and consider what is best for your organization. All governance documents should be reviewed in the context of the laws and regulations that require these documents. State and federal laws and regulations set out the basic requirements for the contents of the documents, as do many of the accreditation standards. It is far better to review and revise your governance documents regularly, rather than learn they are deficient during an unannounced survey or regulatory proceeding.

9. Use Your Committees Effectively.

There are two types of committees: those with authority to act and those that are advisory. The committees with authority are generally the Medical Executive Committee (“MEC”) and clinical department committees. All other committees are advisory to the MEC. Advisory committees can develop and recommend policies, rules and clinical practices. Authoritative committees approve policies and rules, take disciplinary action and make recommendations to the MEC. The MEC is the final medical staff authority that submits recommendations for final approval to the governing body. Knowing which committees to use and when is key to leadership success.

8. Know the Scope of Your Authority.

As a leader, you are an agent of the medical staff and the spokesperson for the committee/ department you chair. There are times when you will need to act without the benefit of input from your committee/department. Medical staff bylaws will generally identify the circumstances under which you can act alone and when your action(s) will need to be ratified by the committee. As the chair, you are acting on behalf of the committee/ department between meetings. Do what is needed when needed, within the scope of your authority, but report your actions to the committee/department on a regular basis and be sure your actions are properly recorded in the appropriate minutes. If summary or urgent action is needed, do not hesitate to call a special meeting. You are better off to have the protection of a committee action than to be acting alone or without ratification.

7. Know the Peer Review Protections of HCQIA, Your State and Organization.

Many, if not most, of your actions and the actions of your committees will be covered by federal, state and organizational protections. The Healthcare Quality Improvement Act (“HCQIA”) provides protection from liability for members of a professional review body/ medical staff, who take a professional review action (a) in the reasonable belief the action was in furtherance of quality health care, (b) after a reasonable effort to obtain the facts, (c) after adequate notice and hearing and (d) in the reasonable belief that the action was warranted by the facts. In addition to this federal protection, many states have laws that similarly protect peer review participants, and often, your organization will have an indemnification policy or provision that further protects you and your committee members from damages. Remind your committee participants and members on a regular basis of these protections and that they were specifically designed to encourage peer review by allowing free discussions aimed at improving patient care.

6. Know Your Reporting Obligations.

The National Practitioner Data Bank (“NPDB”) defines the circumstances under which a physician or dentist must be reported. Those include (a) when a professional review action adversely affects their clinical privileges for 30 days or longer or (b) when a physician surrenders clinical privileges while under investigation or in exchange for not conducting an investigation. The failure to report when required to do so can result in the loss of immunities under HCQIA for up to three years, along with a monetary fine. There are many nuances to reporting to the NPDB and we recommend you consult a medical staff attorney who can assist with identifying when to report and what to say. Additionally, each state may have reporting requirements for professional review actions to the state licensing board that exceed the NPDB’s requirements. The state licensing board may also have defined penalties for failure to report. In one state, the knowing failure of a physician leader to report a practitioner to the state licensing board can be considered unprofessional conduct, which can subject the physician leader to state board action.

5. Understand Confidentiality and Peer Review Privilege Protections.

A best practice at the beginning of each meeting is to remind committee members of the importance of maintaining confidentiality. State peer review privileges and protections are often dependent on maintaining confidentiality of the records and proceedings. The failure to maintain confidentiality can act as a waiver of the privilege and permit the introduction of confidential peer review documents and testimony in litigation in the future. Peer review privileges and protections are designed to promote candor in the peer review process. This permits free discussion and identification of opportunities to improve patient care. Without confidentiality and the corresponding privileges and protections, committee members would be reluctant to analyze and frankly discuss areas for improvement in a peer’s clinical care. Obtain information about your state’s peer review privilege and protections and fully understand the circumstances that may cause a waiver, which would permit confidential peer review information to be discussed in open court and stifle important, free-flowing discussion of quality of care at peer review meetings.

4. Know Your Options.

Every professional competence or conduct situation you face will be different. A sound guideline to generally follow is selecting the least restrictive action that will protect patients. Keep in mind that the goal of all peer review is education and remediation. For example, if a practitioner is having complications with robotic surgery, evaluate whether the complications are the result of technical skill, which can be remediated with more practice, or if the complications are the result of poor clinical judgment, which reaches into all areas of performance. In the first case, proctoring, monitoring or an additional educational course may correct the problem. But with the second, the cause of poor judgment is more challenging and may require a further workup, including a fitness for duty evaluation, retrospective review of cases, or an external expert review. Work with your committee and medical staff lawyer to identify all the facts and options to address the problem that has been brought to your attention. In some cases, it may be appropriate to have the issue addressed by the individual’s department or interdisciplinary peer review committee, but in others, the nature of the problem may require the immediate attention of the MEC. In some cases, a discrete referral to your organization’s well-being committee may be appropriate. Regardless, each matter must be carefully and thoughtfully analyzed in light of all the available facts. Then, with all appropriate actions on the table, an informed determination may be made.

3. Act When Indicated but Don’t Shortcut the Process.

. The law and your medical staff bylaws provide for the ability to take emergency action against a practitioner’s privileges when there is a concern of imminent threat to patients or others. What constitutes an “imminent” threat or danger is often the source of hours of discussion and analysis by medical staff lawyers throughout the country. Your legal team is invaluable in working through the facts of a given matter and determining whether a decision for summary suspension is legally sound. If there is a circumstance where emergency intervention via summary suspension is necessary to avoid patient harm after an initial evaluation of the matter, do not hesitate! Take the action to summarily suspend and remove an errant practitioner from the bedside. Afterward, there is time to re-examine the basis for the action and analyze whether continued suspension is necessary to protect patients or others. At that time, it is important to call on your MEC and legal team for their analysis and determination of whether the summary suspension should be upheld.

There are also times when summary suspension will be considered prospectively to address a chronic problem that is rising to an acute stage. The practitioner whose disruptive, bullying and retaliatory conduct has been tolerated may have reached a level where the cumulative effect creates the potential for patient harm because staff, for example, are afraid to call the physician at night about a patient’s health condition, seek clarification of an order, or question whether a procedure is being done on the right side or on the correct patient. Following the medical staff bylaws investigation process will allow for a careful analysis of the reported conduct, which will provide a solid framework for later defense, should it be necessary. That process will almost always involve a committee evaluation of the facts, interview of the practitioner, and a determination of the appropriate next steps. Each of these steps, if followed, will support the action when later scrutinized by a court or jury.

2. Do What is Right for the Patients.

Always put the patients first. There may be procedural missteps during a disciplinary process as the healthcare organization balances the need to protect patients with providing a practitioner due process. However, if the peer review being conducted is based in the foundation of improving patient care and patient safety, courts will generally consider the health care organization’s goals before making a determination that would go against the organization and potentially place patients in harm’s way.

1. Utilize Internal or External Counsel to Navigate Medical Staff Law so You Can Focus on Improving Patient Care.

I (Erin) was asked recently what possible motivation there would be for a physician to enter leadership in a medical staff organization if their role consisted solely of consulting with a medical staff lawyer. In response, I reminded this physician that medical staff leadership and medical staff lawyers work together on challenging matters and daily operations with the lawyer recommending limitations and guardrails and advising on how to avoid legal missteps and pitfalls. This advice from the lawyer enables the leader to focus on monitoring the business of the organization and improving patient care.

Final Take-Aways

Our medical staff organizations need people who are willing to serve as leaders during challenging times when caregivers are stretched thin, suffering burnout and subjected to daily difficulties that can be demoralizing. Strong leaders who are reassured of their legal protections can perform their leadership responsibilities without fear of reprisal when following the advice of their legal counsel. We encourage you to reach out and make your lawyer an integral part of your team so that they can understand your organization and business and provide you the best available advice that will reassure you and other leaders in the organization of the legal protections and immunities.

© Polsinelli PC, Polsinelli LLP in California

A Paralegal’s Guide to Legal Calendar Management

Law firms of all sizes are increasingly relying on legal technology to address their day-to-day responsibilities. From family law to criminal law to personal injury law, law practice management software can help law firms run smoothly and efficiently.

The benefits of this legal technology aren’t limited to lawyers — it extends to the paralegals they work closely with.

The demand for paralegals is growing at an average of 12% each year, and paralegal technology can be used to support their efficiency and workflows. Many of the manual tasks that paralegals do, such as creating, organizing, and filing court documents, can be automated to free time to focus on more critical tasks.

What Do Paralegals Do?

Working under the supervision of an attorney, a paralegal’s work is merged with and used as part of the attorney’s work for the client. Paralegals cannot give legal advice or perform any legal duties that fall under the scope of the licensed attorney, and they must be clear in their non-lawyer status with clients and the public.

The typical duties of a paralegal may include:

  • Conducting client interviews and maintaining client contact

  • Locating and interviewing witnesses

  • Conducting investigations and statistical and documentary research

  • Performing legal research

  • Drafting legal documents, correspondence, and pleadings

  • Summarizing depositions, interrogatories, and testimony

  • Attending executions of wills, real estate closings, depositions, court or administrative hearings, and trials with the attorney

  • Authoring and signing correspondence, as long as the paralegal status is clearly indicated and does not contain independent legal advice or opinions.

In a law firm, a paralegal’s time for legal work — not clerical or administrative work — may be billed to clients the same way as an attorney’s time, but at a lower hourly rate.

The paralegal profession originated in law firms, but now, paralegals may be employed by government organizations, banks, insurance companies, and healthcare providers.

Aside from basic technology tools for sending emails, making calls, or creating documents, there are resources specifically designed for paralegal work. Some of these include:

  • Case management software: One of the responsibilities of a paralegal is helping firms track client case information. Case management software supports paralegals and other staff to collaborate on cases in real time.

  • Billing software: Client billing is a time-consuming process at the end of the billing period. Paralegals may use billing software to help automate bill generation, collection, and review. Online billing allows clients to receive bills directly and gets the firm paid faster.

  • Client intake software: With manual client intake, clients fill out paperwork and the information must be transcribed digitally. This process is inefficient and error-prone, even with a fillable PDF. Automated client intake technology captures vital details for paralegals, and forms can be shared with a link. The information can be synced with other technologies to avoid duplicate data entry.

  • eSignature software: Signatures are required for most legal documents. Instead of hand-signing and scanning documents, e-signature technology allows paralegals to collect, sign, and store documents with a click of a button.

Paralegals may use some or all of these legal technologies, depending on the size of the firm and its practice areas.

Calendar management is the systematic process of organizing tasks, meetings, and events with the goal of maximizing the return on investment for the time put in. The work can be time-consuming, but it’s essential to the function of the firm.

A well-managed calendar should support attorneys to ensure success. Calendar management has the power to make or break the attorney’s daily workflow and long-term success, which is why it’s one of the most important skills for a paralegal to perform effectively.

Legal calendar management is a resource that manages deadlines, meetings, and events in a centralized location. Paralegals, attorneys, and other staff can have shared access and individual alerts or notifications to ensure that crucial tasks never fall through the cracks.

Prior to digital legal calendar management, attorneys had to calculate deadlines manually — a time-consuming and error-prone process. Legal calendar management automatically calculates deadlines to expedite the process and ensure accuracy.

With automated workflows, legal calendar management allows legal professionals to build workflows for each type of case or practice area of the firm.

For busy professionals juggling multiple responsibilities and clients, this ensures that important deadlines are not missed.

Just like you would schedule a meeting or task, paralegals should block focus time to manage and organize their calendars. Use these best practices to simplify how you manage your calendar.

Use a Coding System

Color coding creates an organizational schematic for the calendar. For example, using colors for different categories like client, internal, recurring, reminder, and travel helps everyone quickly identify the tasks that are relevant.

Implement a Centralized, Firm-Wide Calendar

Law firms should have a centralized calendar that’s used throughout the firm and managed by an experienced paralegal. This ensures that the firm staff has access to crucial information and deadlines from anywhere.

The calendar should be flexible and allow for different departments to toggle their view of desired information.

Legal calendars have a lot of moving parts that may involve multiple parties. This is why it’s important to create guidelines or rules for everyone in the firm when updating the calendar. For example, who submits case information? Who verifies the deadlines and completes follow-ups?

Incorporating this information in your firm’s workflows will ensure all staff members understand what they’re responsible for, and when. This process should be standardized, to alleviate bottlenecks or help with onboarding and training new staff.

Get The Entire Firm On Board

A new process takes time to implement and may come with learning curves. However, an efficient, organized legal calendar can’t be accomplished without buy-in across the firm.

There can be friction among staff when implementing new technology, especially if the firm has been more traditional. Take a top-down approach that begins with senior partners and managers. They can take the lead to bring everyone on board and get them excited about the capabilities of the new technology. No one likes change, but preparing the team can reduce friction and make the implementation process more efficient.

But remember, the best technology in the world is still just technology. It’s up to your firm and staff to use it to its fullest. Establishing clear roles and responsibilities for leaders and staff, providing training, and both giving and receiving feedback ensure that the legal calendar management software’s features and tools are used appropriately for your firm’s needs.

© Copyright 2022 PracticePanther

Legal News Reach Episode 4: The Perfect Storm: Law Firm Marketing & Business Development Budgeting with Beth Cuzzone, Global Practice Leader of Intapp

Welcome to Season 2, Episode 4 of Legal News Reach! National Law Review Managing Director Jennifer Schaller is joined by Beth Cuzzone, Global Practice Leader of Intapp. Together, they discuss the best budgeting strategies for legal marketing departments as firms emerge from the pandemic with a new set of priorities and perspectives.

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

Jennifer Schaller

This is Jennifer Schaller, and I’m the Managing Director of the National Law Review. We’ll be speaking with Beth Cuzzone, who’s the Global Practice Leader of Intapp. Beth, can you tell us a little bit about your background and what you do at Intapp?

Beth Cuzzone

Thank you for asking, Jennifer. I think it’s an important table-setting question. So I recently joined Intapp in 2022. It’s a global technology firm, and it partners with investors and advisors to help them run their businesses. And it basically follows those companies through the lifecycle of their companies, whether it’s intake or relationship management, or deal management, or billing or marketing or risk, and so many other operational functions. But my role Intapp sits in the marketing and business development corner of those companies. So as a Global Practice Leader, I’m responsible for working with a team of subject matter experts who help clients align their strategic priorities with our solutions. It’s been an interesting and challenging shift, because I spent more than 30 years of my career in the very types of companies that Intapp now helps. So it’s been an interesting and exciting and challenging change all at once. And I think it also gives me a unique lens into what we’re going to be diving into today.

Jennifer Schaller

Okay, wow, it sounds like a spot-on match here we have today. So let’s dig into it. We’re talking about law firm budgets. So for this upcoming budget cycle, for firms who are either almost done with it, or in the process, or close to wrapping it up. What’s different this year than in previous years in law firm marketing and business development departments?

Beth Cuzzone

In one word, everything. If we take a step back and look at the easy formula that law firms have used traditionally when creating their budgets, there hasn’t been a lot of secret sauce. In its simplest form, and I am oversimplifying it for illustrative purposes, but in its simplest form, law firms for years and years and years, and year over year, would take into consideration their former budget number and give it an increase that aligned with the firm’s increase in their revenue for that year. And then the real work would begin on saying, Okay, we’re going to give ourselves a 2 or 3% increase, because we increased our revenue by 8%. So we’re going to take some slice of that, and we’re going to increase what we did last year, and then they would reallocate that number. And so if it was my budget was $1,000 last year, and you know, now I’m going to increase it by 3%, it’s going to be $1,300. And now let me just play around with the line items and see where we want to spend a little more, where we want to spend a little less. Given the years that we’ve had coming up to the 2023 budget season, we had 2020, when the pandemic hit, we had 2021, where we were still experiencing the effects of that. And then in 2022 as people tried to move back into some normalcy of spend market, you know, marketing, outreach, awareness, credibility, relationships, going back into the office, that sort of thing, the budgets are a little bit all over the place. So to answer your question, why is this coming year’s budget different? It’s because you don’t have last year’s budget that you get to just reset.

The interesting thing is that I think it actually is going to provide opportunities to relook at the way you think of your budget and think a little bit about very specific line items. You know, I do think one of the places that people are going to spend a lot of time thinking about is digital marketing. And, you know, a question I had for you is, have you seen an uptick in the digital marketing spend from law firms, where we were pre-pandemic, to pandemic to where people are moving towards?

Jennifer Schaller

That’s kind of a multi-layered question. I mean, over the last five years, there’s obviously been a switch to more digital. There’s a couple of different things going on in the larger digital advertising industry. Advertising rates right now as a whole are pretty suppressed digitally. So that’s impacting us a little bit, just because the baseline is down. But if you’re in a specific niche, like the National Law Review, where you know, we very much have the traffic and the audience, there’s always going to be a demand for it. What’s going to be super interesting to see is when cookies go away. People keep talking about that, because that’s going to make the content on the website far more relevant, as opposed to having retargeting ads and things like that. But the date keeps changing on that. So, you know, we’ll let you know when we know. And related to publishing end of it, there’s been a bit of a sea change on that. There always was sort of a pushback or a stigma somewhat attached to pay-for-play publishing. But a little bit of a difference with that is, over time, most marketing professionals, especially in legal, understand that there’s costs involved in running a quality publication, if you want to have analytics, if you want to have a responsive staff who’s around to make edits, that you have to pay for that, and that, you know, if you don’t have money coming in from subscriptions, if you’re a no login website, that there’s going to be cost. So there’s been a bit of a change there. There’s more receptiveness to it. And I think maybe because law firms themselves understand what it takes to publish, they’re a little more forgiving, and understanding that we have costs too, if that makes any sense.

Beth Cuzzone

It makes complete sense. It makes complete sense. And again, there’s no direct answer to some of these complicated questions that we’re asking each other today about where people are spending and where it’s going versus where it’s been when we’ve had this pause on so many levels. And like you said, I also just think that the lens of the marketing and business development departments and law firms are really starting to appreciate that looking at digital assets as a way to create awareness and credibility is going to be a leader in their budget.

Jennifer Schaller

Well, yes, especially since events have changed and gone away. And a lot of sponsorships have changed. And given that pandemic ripple effect of live events versus sponsoring tables at events, which used to be a part of legal marketing department spends, what’s becoming more the standard for law firm, legal marketing department and business development spend, is it changed? Is it reallocating? How is that working?

Beth Cuzzone

That’s a great question. So typically–I heard somebody say once, law firms are like snowflakes, everyone is different. And I know that when I look at industry statistics that talks about the swing of spend, that has to do with you know, the percentage of revenue of law firms, that it goes anywhere from 2 or 3% to 18, 19, 20%. And the reason that they have that swing is because in some marketing and business development department budgets, they include personnel when others don’t, okay, or in some marketing and business development, department budgets, it’s all marketing, whether it’s for the HR department, or legal recruiting, or the firm, and others. Those are each very separate departments and separate budgets. So there is this huge spread across the industry. But I think for most firms, we’re going to find that there’s that 3.5 or 4% to 8% budget target of revenue. And that’s kind of where people settle in. There are outliers on both sides. And interestingly, there’s often some surprises. I find that sometimes some of the smaller, mid-sized firms have larger percentage budgets. But I think that’s because they can’t enjoy the scales of economy that larger firms can. If you’re looking at your budget, and we can talk about this in a little bit, you know, in 2020 when the pandemic started, all discretionary budget items were removed from law firms, whether it was in marketing and business development or not. So it was like, “Unless we’re contractually obligated to pay something, we’re taking it off the table.” And so now firms are getting that opportunity to rebuild it. And again, that approach and that budgeting exercise is a real opportunity for these firms to say, “What haven’t we been asking ourselves?” Or, “What haven’t we done that we’ve wanted to? What’s not in our budget? What should be or what are the opportunities out there in terms of places or people or technology or intersections that we’ve never tried before?” So I think there’s some of those questions that are happening, too.

Jennifer Schaller

Yeah, I think if anything, this is just helpful to know, to have legal marketers or even law firm administrators, or management know how to ask questions about legal marketing budgets, that there is such a wide range, but the wide range prompts people to ask the question, “What’s in that figure and what’s not?”  I’ve never really had it broken down that well before. So thank you for taking the time to spell that out. Because it’s not spelled out a lot of different places. Many people will appreciate that.

When you’re talking about law firm marketing budgets, what’s the difference between acquisition marketing and retention marketing and preparing budgets? Should law firms dedicate more resources to one or the other? Or is it some sort of blend?

Beth Cuzzone

That is a very forward-thinking question that you’re laying out there. Because I think that law firms basically had two types of buckets, if you will: they thought of it as awareness and credibility building, or relationship building, it was one of the two. And so they had some things around awareness and credibility, we talked a little bit about it earlier, you know, it’s that one to many, the website, you know, the content, the newsletters, the big events, that sort of thing. And then the relationships are kind of those one-on-ones. It’s the spending time going out and sitting down with a prospective client to learn something, or having an entertainment budget or doing some small roundtables with thought leadership, or sitting down with different decision makers at a particular client site so that you’re staying close to them. And it was a little bit all over the place. And the shift that I’m starting to see happen is that law firms are starting to break down their budgets into exactly what you said: acquisition marketing, which is, “How are we getting new clients?” versus retention marketing, which is, “how are we keeping and growing the clients that we have, or the brands that we have, or the relationships that we have?” And by doing that, they’re also starting to do account-based marketing. And they’re able to put their budgets together and say, “We’re going to spend 70, or 60, or 80% of our budget on our existing relationships, because we know that it costs six to eight time more money, resources, people budgets to get a new client than it does to keep and grow an existing one. So when you look at the scale of acquisition versus retention, retention is going to get that bigger budget. And then the acquisition is going to have a smaller wallet share of the overall budget. But within that big budget, you’re going to start that retention budget, you’re going to start to see that being broken down a little bit by account-based marketing as therefore account based budgeting. Again, this is a little bit around the corner. And this is I think what firms are going to be dealing with over the next five years of exactly being able to measure their return on objectives or their return on investments and where their money is really being spent. Because they’re going to be tying it down to very specific objectives and very specific strategies, if you will.

Jennifer Schaller

Okay, so what would be some of the areas that there would be an overlap, like between acquisition and retention marketing, would that fall in the digital area? Or where would that be?

Beth Cuzzone

That’s a perfect example, please look at what we’re talking about like a Venn diagram, right, you’ve got your acquisition, you’ve got your retention and then there’s the place where they overlay. Digital assets are a perfect example that fall into both. It’s helping you in the marketplace. And it’s helping you find your next big relationships and clients and referral sources. And those are the same assets that you can use to add value and stay close to some of your existing relationships, places where they start to separate a little bit, again, is really by account or by client, client-based marketing versus account-based marketing. And so you might have a firm where you say, we’re going to spend a lot of our travel and entertainment budget on going to each one of their offices and doing junior executive training. So that we’re aligning ourselves with the next generation of decision makers, and that’s how we want to spend our money and our time and our budget and our resources and our people on that particular client this year, sort of thing. So it all depends, again, on the strategy. And it also depends a little bit on the firm.

Jennifer Schaller

Yeah, would it vary by practice group, or just like, if you had a firm that was, you know, just intellectual property law based, would there be differences in the ratio or the mix or network?

Beth Cuzzone

That’s a great question. So there are some firms and also practice areas where there’s annuity streams, if you will, right. There’s just an ongoing, “We represent this particular finance institution on all of these sorts of loans. And, you know, we do 5, 10, 15 a year for them.” Think about if you were actually a litigator, and you were representing financial institutions where you didn’t know how many you were going to have in a year or whether you were not going to have any for two years and how they think of you and they call us when it’s about the company or they don’t call us when it’s about the company so you have to again, look at the firm, its strategy, the cadence of those open matters, the cadence of when they’re being asked to help clients and then try to align your budget and the activities in your budget around those very objectives. Does that make sense?

Jennifer Schaller

Yeah, it does. A lot of what you’re breaking down is really helpful because people throw numbers out there, but they don’t go into the details of what moves the numbers up or down, like your example of depending on if the law firm is including the expenses for HR, or including the salaries of the marketing department in there, that should make a big difference. And nobody really spells that out. So that was very helpful.

Beth Cuzzone

What kinds of trends are you seeing…there’s this nuance that’s happening now Jennifer, where there was a period of time “back in the day” where all law firms took out one-page ads in some of the biggest business-to-business publications and journals, or like yours, very, very niche, industry-specific news-related channels. And it was “we want to be top of mind” with whoever the reader is, whether it’s our peers, whether it’s our competition, whether it’s a referral source, whether it’s a potential client, whether it’s somebody on the other side of the table, and over time, that awareness campaign started to move into that content campaign. And I’d really be interested to see how are law firms maintaining that mindshare in the marketplace? What are you seeing?

Jennifer Schaller

Some big change from print, and what’s really changed–COVID was sort of terrible for the world, but in a lot of ways good for law firms and legal publishing. Because there were so many rapid developments of a legal or administrative or regulatory nature going on, there was just a lot of content to be written on and a lot of people looking for that content. So there was inherently a lot of traffic just being driven by COVID and all the related changes to it. Now that that’s leveled out a little bit, what we’re seeing from law firms is when they do their informative writing, meeting, talking about cases that happened and why that’s important to a particular industry, or new regulations that are on the horizon, what’s a little bit different is they’re starting to impose–not impose, but impart–their personality a little bit more. We’re seeing more content come in where it talks about people’s journey in the legal profession, how they balance working from home or transitioning out of working from home in a little bit more with the content. So before there was very little of that. I mean, there was some. It’s pretty prevalent now where we’ll see many law firms just have entire blogs and podcasts and a whole kind of vertical dedicated to life balance, people’s career paths, and things like that, which is a bit different than what we’ve seen before. I think it provides a good opportunity for law firms to tease out their competitive differences just by letting people know who they are, because ultimately, with law firms, they’re buying the person and their knowledge and their background. And this is kind of a more forward way of doing it than what’s been done in the past.

Beth Cuzzone

You know, it’s so interesting to hear you say that. I don’t think I really put such a fine point on it until you just mentioned it. All law firms do the same thing. For the most part, a general practice firm does the same thing as the next general practice, you know, an IP boutique does the same thing as the next IP. But how you do it, who you do it with and the culture is what your differentiator is. And you’re right, as I’m thinking a little bit about the sorts of information that I’m seeing, either the types of information or the personality in which people are writing, it really is giving firms a way to showcase their culture and who they are and their differentiator as opposed to all sounding like really smart law firms.

Jennifer Schaller

It’s that and I think it’s a little bit recruiting as well. I mean, the whole world has experienced quite a bit of turnover. Law firms have always had more turnover than other industries. So we’d have some stuff coming in where folks are interviewing their summer associates. And they’re doing that on a couple different levels. I think it plays to people who may be interested to know how a person got a summer associate position at an Am law firm, but also, you know, it’s a big hug to that person, and it shows in a recruiting sense that that law firm really cares about folks at all levels of the organization. We wouldn’t have seen that 10 years ago, so that’s just really different.

Okay, so let’s get into the fun part: budgeting tips! You’ve been doing budgets for years, you work with an organization that helps law firms kind of balance competing things for their attention and help tease out what’s probably the best bet for the firm. Do you have a few tips to share with our readers, or our readers and our listeners today, concerning law firm budgets, what to include what to not get pushed back on?

Beth Cuzzone

Yes, I think that there are a few best practices out there that law firm marketing and business development departments want to be thinking about as they’re either negotiating their budgets with firm management, or if they’re actually putting it together. We talked a little bit about the fact that historically firms have used the previous year and that budget number is a benchmark. Ironically, in 2022 law firm marketing and business development budgets increased by more than 100%. And again, it’s because in 2020, and 2021, they were decimated, it was the place where there was the most discretion in the budget, there were things like they weren’t going to be doing sponsorships, they weren’t going to be holding webinars, they weren’t going to be traveling to see clients or things–like take it all out. So then when we started to move towards this normalcy of, “let’s get back to business in 2022”, with a kinder, gentler, more softer approach, they had to increase their budgets by more than 100%. So the first thing I would say is, do not prepare your 2023 budget based on your 2022 budget, because you’re going to show that there’s already been 100% increase, and there will probably be very little wiggle room. I would also scrap 2020 and 2021. So I think one of my tips or best practices is, use 2019 as your benchmark, not 2021 or 22. For the reasons we’ve just talked about.

The other thing, you just mentioned this in the way you asked the question, is that there is a very complex ecosystem in law firms, and the marketing and business development budget is one of many competing priorities. And I think understanding that budgeting is a long-term game, not one you win every year. And so what I’m trying to say is, take a panoramic view of where the firm is, what they’re trying to accomplish, what some of their major goals are for the next year or two, look left and look right at what other operating department budgets are going to be impacted by that, and prepare your budget within the context of what’s happening. So don’t ask for the greatest budget increase among every operations department, every year. There becomes a fatigue, where it’s like, “Nope, just give them the 2%, we’re not going to listen to why they deserve more every year, year over year than every other department.” So I think walking in and being able to communicate, “We understand that lateral growth is one of our top strategic priorities, and that you’re going to be spending a lot of our budget on legal recruiting. So this year, I’ve put in some particular items and activities that will support legal recruiting, and I’ve moved my budget request from a 6% increase to a 2% increase.” And again, you can negotiate two or three years in advance, then say, “I just ask that when we’re looking at my budget in two years, or in three years that we appreciate that I’m asking for a smaller increase this year, given where we are, what we’re doing.” You know, it also goes a long way when there’s been a down year.

So, so far we’ve said, use 2019 as your benchmark, don’t ask for the greatest budget increase among every operations department every year, try to negotiate for two or three years in advance at your firm, but also negotiate two or three years in advance with your partners or vendors, depending on what you call them. You know, to be able to say, “Listen, we want to do this. And we can’t be all-in this year because our budget isn’t going to allow us, but can we negotiate an 18-month relationship with you and spread it over a 24-month period?” Negotiate a little bit! These are companies that want to partner with you. I also think it never hurts to ask and get comfortable with, again, just partnering with your vendors. That’s why I always call them partners and not vendors. Be comfortable with partnering with them and saying, “Look here are two or three things I’m trying to accomplish. And I only see one of those things in the proposal that you sent to me. Are there some things that you can put in here that are revenue neutral? Or are there ways that you can reallocate our spend and help me hit these other budget objectives?” They’ll work with you. So negotiate with management and then partner with your vendors.

I’ve been talking with a lot of firms. And another thing that I’m seeing firms really start to do is ask themselves, “Where is the lowest risk and the highest return?” and vice versa, and making sure that your budget is representing that like, “Boy, this is the lowest risk and a really good return. So we’re going to do more of this. And this is a really high risk, very questionable return. We’re going to do less of this.” And by the way, having those conversations with your management committee or your manageing partners or your executive committee about the ways that you’re looking at risk versus return, or contextually where you are in the firm’s operational churn, if you will, those sorts of things will help you in the long run.

Jennifer Schaller

It’s really great that you point out the need to let your vendors know what your goals are. It’s very challenging sometimes when people are like, “What’s the price? You know, what, what, what is your best price?” What is important to you? It’s not really a negotiating technique, we want to know where to focus to best meet your needs. And if we have no concept of what your goals are, or what you’re trying to highlight, it makes it infinitely more challenging.

This year, or any historically, are there budget items that you would suggest CMOs pay more attention to this year than in previous years or anything that’s unique about this year that they might want to highlight other than the points that you made about using 2019 as a base point versus the previous two years? Which were just weird. Is there anything else different?

Beth Cuzzone

You know, I think this is the time everybody is peeking over the horizon wondering, “Is there a downturn? Is there a recession? Is there a down year coming? What do we do?” You know, you’ve got, you’re asking yourself all of those questions. I think this is also a year, when you’re looking at your budget, to look at things that are driving efficiencies, scalability, revenue generation, right? There’s a difference between cost and investment. Make sure that your budget has a nice healthy mix of, “These are things where we want to spend money to get more money. And then these are places where we want to spend money so that we can meet an objective,” and I call them return on objectives, and return on investments. “We want to be known in this new market. We want to open up an office in Texas. And so we’re going to be spending a lot of time and money and energy and budget on really getting the word out creating some top of mind awareness in Texas.” That’s an objective, right? If it is that we really want to get a little closer to the bottom quartile of our clients in terms of revenue and say, “How can we help them with more problems than we do now? How do we take them and really try to grow the wallet share that they spend on outside counsel?” That’s a return on investment. So you know, have that healthy mix on return on investment, and return on objective.

Jennifer Schaller

Fair enough. So briefly, your firm Intapp? How do they help law firms with their budgeting process? Are there specific things that they’re set up to do to help?

Beth Cuzzone

Thank you for asking me that and for being so gracious. Because yes, I think the answer is yes. So Intapp can help law firms create insights to find revenue, find where there’s work that’s more profitable, find where, you know, there’s whitespace, and opportunities, or be able to basically measure things, and have this one source of truth in your law firm, where you’ve got all of these technologies that help all of these different operating departments that all connect, that’s why it’s called Intapp, there’s an integration to this, and they all integrate and talk to each other. And those kinds of insights can inform law firms about the kind of money that they’re spending and the kind of return that they’re getting. And it can be as simple as looking at your marketing campaign open rate for your last email, all the way to looking at some very strategic insights of “here are some spaces or places in our firm where we could be working closer with clients, or an industry where we haven’t saturated as much as we could.” So it can go from tactical to strategic, and that’s what Intapp does. That’s why it’s such an amazing company.

Jennifer Schaller

So is Intapp more process or technology based or kind of marrying the both of them when they work with law firms?

Beth Cuzzone

That’s another great question. So it’s a technology company. And I think the thing I’ve been most surprised with is the brainpower that sits in Intapp and all of the people that are there to help clients successfully deploy, or change management professionals that help you get more engagement at your firm, or help you with use cases of smarter ways to use the technology.

So Intapp sells technology that has professionals that help you with the people in the process as well. It’s a little competitive secret.

Jennifer Schaller

Sounds like a good match. As always, we appreciate Beth’s time sharing her thoughts with us and her experience and kind of the trends that she’s seeing and marrying it with the experience that she’s had over the years. Thank you very much.

Beth Cuzzone

It was so great to see you, Jennifer. So great to see you. Thank you for inviting me and be well. True North.

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

Why Selecting the Right Company Swag is so Important for Your Business and Brand

I recently went to use a pen that I got at a conference from a law firm service provider. It’s my favorite pen. It writes perfectly, it never leaks, it has the perfect consistency and it is a bright color, so I can always find it in my purse.

On the flip side, I have another pen, from a top 10 Am Law ranked law firm with profits of more than $3 million per partner per year that ran out of ink the second time I used it. It’s flimsy and plastic. I was surprised that a firm of this caliber would give out hundreds of these pens to their clients, recruits and prospects.

It’s incredibly important that each touchpoint your target audience has with your brand is truly reflective of your brand.

That means even the pens you hand out at a conference (when we go back to conferences), the coffee you serve, the way the bathrooms look and the tidiness of the reception areas (including ensuring the plants in the reception area are healthy looking) need to be well thought out.

And the kind of swag (or promotional items or tchotchkes as I prefer to call them) you choose to represent your company is much more important than you may think. It’s part of your outward facing brand and can be an easy way to gain positive visibility for your organization.

Let me give you an example. I was a guest in a summer share a few years ago in the Hamptons. One of my housemates walked into the house wearing a baseball hat that said “MoFo.” I said, “do you know what that stands for?” and you can guess yourself what he replied. I told him that MoFo was actually a global law firm. He was shocked. He said he had been given the hat by a lawyer friend of his about 10 years prior and didn’t know (or ask) what the abbreviation stood for. He just assumed it stood for – well you know what.

This is a great example of how the wording and branding on a swag item can make all the difference.

Once I told him MoFo was the name of a major law firm, the hat lost its “cool” quotient to him. Later that summer I saw his once beloved hat thrown on a heap of beach gear in the basement. The MoFo hat had been demoted.

Company SWAG is the abbreviation of “Stuff We All Get” (I personally didn’t know that until I researched this article). It is free stuff and giveaways that employers give out to their current employees, alumni, recruits and clients.

As with so many things in marketing, one size doesn’t fit all, so it’s important to have multiple promotional pieces from which you can choose. Many firms keep closets full of promotional items and have an online catalog to make it easy for employees to choose items when they need them.

It should go without saying that your company branding should appear on every promotional piece.

So, how do you choose awesome company swag that your clients and other target audiences actually want?

There’s a huge difference between being thoughtful with your company swag items and just putting your company logo on the cheapest or coolest items you can find. The benefits of doing the former go way beyond what you might think.

Investing in high-quality swag has the potential to earn you extra brand impressions, build awareness, cultivate strong company culture, and build good rapport between your brand and your prospects.

  • Make sure it’s well-made: The number one rule when considering company swag is making sure it’s high-quality. While the initial excitement of a new or free thing might last a week or so, if it’s not something of true value, people will be over it just as quickly. When you take the time to pick out swag items that are worthwhile, people are going to use it far beyond the first week, giving your swag more longevity and the chance to garner more impressions. If it falls apart, so does your reputation.

  • Think outside of the office. Find something that is useful even outside of the office – it doesn’t always need to be a pen or a flash drive!

  • But sometimes the tried and true works. I have an umbrella from Paul, Weiss, Rifkind, Wharton & Garrison given to me for Employee Appreciation Day many years ago when I worked there. This is the Mercedes Benz of umbrellas. It still works after two decades! It even has a cool wind technology that doesn’t allow it to bend during crazy storms. I carry it with me whenever there’s a bad rainstorm. We always had high-end umbrellas stowed away as giveaway items at several law firms when it rained for client events. Don’t underestimate the power of a good quality basic like an umbrella or a tote bag. Just put your logo on it so you get free publicity. You want your brand to be associated with high-quality items, because you are a high-quality company.

  • Keep your company culture at the forefront when choosing swag items. This one really doesn’t need an explanation. Make sure the items you select truly represent you and your organization.

  • Consider thoughtful details. When planning what kind of items you want to order for company swag, think about which items you can use to relay small details about your company and/or its culture.

  • Make sure your logo/brand name is on each item – and that it’s not too big and not too small. Remember promotional items are walking advertisements for your organization. I still get stopped on the street sometimes when I wear a tote bag from one of my prior law firms – someone will inevitably ask me if I am a lawyer and it’s a nice starting conversation point. I am not a huge fan of doing special logos for an anniversary or special event – I think it’s smarter from a brand and cost perspective to stick to the basics, especially if you are not a household name.

  • Extra points if you can work yourself (or your clients) into the item. Intellectual property law firm Amster Rothstein & Ebenstein has one of the coolest promotional items I’ve seen in years. It’s a metal straw – but it’s not because it’s trendy as a metal straw – it’s because they helped the client obtain the patent for that straw. They actually have the patent number on the item – which is super cool too. So, if you did something novel like this – by all means please use it as your promotional item. And if your clients create items that you can use – even better. Why not support them? It helps to build stronger relationships. One of my prior firms had a program where they would source promotional items and startups from small businesses the firm represented. What a great way to support small businesses and your clients!

Taking the time to pick out the right swag will enhance your brand and reputation, promote your company culture and promote positive buzz your organization.

I’d love to hear more about the promotional items your firm is using.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

How To Help a Jury Understand Complex Litigation

We hear this quite a bit from our clients. An attorney, when introducing us to his pending complex litigation matter, tells us up front, “This is a complicated case.” It’s code for, “I don’t think jurors will understand this case.”

We hear it again in opening statements: “This is a complicated case.” So now, the attorney knows it’s a complicated case; the consultants know it’s a complicated case; the jurors know it’s a complicated case. Great. What now?

Here are a few ideas to help you connect your complex litigation to the jurors and make them more comfortable hearing it.

Change the Question

Instead of asking, “How can I make jurors understand my complex case?”, how about asking, “How can I simplify my case for the jurors (and the judge and the witnesses)?” This basic reframing can change your focus—instead of concentrating on the complexity, you and your team begin to think about simplification. There’s a big difference.

Don’t Tell the Jury It’s a Complicated Case

When you tell a juror the case is complicated, they hear one of two things: “They think I’m too stupid to understand this” or “This is going to be way above my head.” The first can cause them to feel offended and the second tends to stop them from listening. Finding ways to explain the unfamiliar in familiar terms helps them understand the concepts underlying your case. Characterizing the case does no good for anyone.

Tell the Jury a Story

 

 

 

Try thinking about your case as a story: What tale do you want to tell? Or think of it this way: If someone at a dinner party asked about your case, what would your side of the story sound like?

We all think in stories, especially from the jury box. Jurors want to know what happened between these opposing parties that landed them in court, not a list of evidence and intricate facts. Instead, tell a story that answers jurors’ questions about motives for the lawsuit and the significance of your case, which should (again) simplify the details. Talking in stories makes your complex litigation more jury-friendly.

There’s a saying that goes, “What you focus on expands.” Ultimately, the key to helping jurors understand your complicated case lies in focusing not on its complexity, but on its simplicity.

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