If your law firm isn’t focusing on inclusivity and diversity in its marketing, you may be missing out on opportunities to grow your business and provide legal help to those who need it.
Being inclusive with your law firm marketing might be difficult when you have no idea where to start. But you will need to figure out how to show people from all different types of backgrounds that you’re the law firm for them with your advertising and marketing efforts.
Audit Your Law Firm’s Current Marketing Strategies
In order to be more inclusive, you first need to get really honest with yourself about where your law firm is currently at in terms of diversity and inclusion, and which systems you might have in place that have prevented your firm from becoming more inclusive in your marketing approach.
Start off by auditing the content your law firm has already released. You should be looking for any unintentional messages about who your law firm is, what matters to you, and who you will or will not work with. For example, does the content on your website use terminology such as “his or her”, or “he or she”? To be more inclusive, your content should always address your target client as “they” to be most inclusive.
Comb through your social media profiles, your attorney bio, and every piece of media you’ve created and analyze them. Are there ways that you could have been more inclusive to ensure that people from more diverse backgrounds recognize that you’re the law firm that can help them?
What Photos Does Your Law Firm Use?
One of the first things you should go through when you’re reviewing your law firm’s marketing materials are the photos you have used. Any images on physical materials, and more importantly, online, should be carefully considered. Do all of your photos and images have people of the same nationality, gender, or race? What about individuals who have disabilities? There are a few different ways you can go about being more inclusive when it comes to your photos.
First, you should start hiring with inclusivity and diversity in mind. This means hiring people from varying backgrounds to work with you and your law firm. It is the most natural and authentic way to be more inclusive with your marketing, because your law firm is living it.
Another way to be more inclusive in your marketing photos is by engaging with and participating in your community. Volunteer with organizations that care about inclusivity and diversity. Host fundraising events where possible. These are just a couple of options, but ultimately you want to immerse your law firm in the community that you want to be representing.
Have You Thought About Accessibility?
Another way to be more inclusive in your marketing is to take accessibility into consideration. Is your current website accessible for those with visual, neurological, cognitive, or auditory impairments?
Are there ways that you could make it easier for clients to find you and interact with the current materials your firm has already created? Some easy upgrades to make your website more accessible could include adding keyboard navigation capabilities, adding ALT Text to your images, and descriptive URLs.
Consider Language Barriers
When you live in a particularly diverse area, and when you want to take steps to be more inclusive, you should take into consideration the fact that not all of your prospective clients are going to speak English as their first language. Some clients may not speak English at all. By having lawyers in your team who can speak multiple languages, you may be able to uniquely bridge a language barrier gap that your competitors may not be taking into consideration.
Make sure you let your future clients know that a language barrier won’t be a problem with your law firm, because you have people on staff who speak their native language. This is not only a great marketing benefit, but provides your client with an overall better experience with your law firm.
Establish a Solid and Ongoing Review Process
Most attorneys know that getting a bad review online can have a significant impact on your law firm. One of the best ways you can be more inclusive and diverse in your marketing is by establishing an ongoing review-getting process.
If successful, you could be seen as a law firm with a solid reputation. If your reviewers leave open and honest feedback on their experience with your firm, those searching for an attorney could resonate with your client’s experience and view you as the best option for their legal representation.
You should also be sure to respond to any negative feedback or reviews you might receive. And be sure to utilize constructive criticism that may be holding your law firm back from achieving optimal inclusivity.
In the legal world, there are a lot of outlying factors to consider when setting up a new law firm or maximizing an existing one. And one of those factors is determining whether or not your firm needs a contingency fee, and, if so, how much that contingency fee should be.
What are contingency fees?
Law firm contingency fees are rates that a client agrees to pay after a lawyer successfully wins the case. Typically, these fees are agreed upon for cases involving money claims, such as workers’ compensation or personal injury. If the lawyer wins the case, they’re given a certain percentage of the money claimed. If not, then neither the lawyer nor the client receives any money. While in the latter situation, the client doesn’t have to pay the lawyer for working on the case, there are still court filing fees and other costs that occur, no matter if the lawyer wins or loses.
Lawyers who use contingency fees—also referred to as “no win, no fee” lawyers—can exist in almost any specialty area. However, contingency can only be used in civil litigation, not criminal justice. While the percentage of the fee varies by lawyer, typically contingency fees are 33 ⅓ percent of the case if a lawsuit is not filed and 40% if a lawsuit is filed.
5 Tips to establish contingency fees
Now that the basics of law firm contingency fees are covered, it’s time to go over the five best tips for determining your law firm’s contingency.
#1 Ask your network
Unfortunately, there are no hard and fast rules on contingency fee percentages in the legal industry. Books and statutes will give a lot of vague information but no straight answers on what’s reasonable for you and your clients. Because of this, it’s helpful to reach out to your colleagues and mentors for advice.
Sure, it can be a little awkward and uncomfortable to ask your peers what their contingency fee percentages are, but it’s one of the few ways to collect accurate data about rates in your area. And if it’s people you’ve worked with for some time, they most likely won’t mind the question. Just be polite, professional, and make sure they know that they only have to answer if they’re comfortable revealing that information.
#2 Discover your state’s rules
Once you’ve gathered examples from your colleagues on their contingency fee percentages, it’s important to verify that information against your state’s rules. This might seem obvious, but many lawyers fail to do so then have to pay for it later. And as an attorney, you know that rules change all the time.
So before you set your own contingency fee, spend some time getting to know the rules and regulations within the state you’re practicing. Be sure to make a note somewhere in your calendar to do an annual check in to see if those rules have changed to avoid falling into any unnecessary ethical traps.
#3 Weigh all the factors
You would think that having your colleagues’ data and your state rules would be enough to determine a reasonable percentage, but they might not.
Every state has a complex set of factors used to determine the reasonableness of client costs in addition to a set of rules about the fee. Get comfortable with these factors and weigh the average percentage from your colleagues against them. Spending some time scrutinizing now will save you a lot of headaches down the road.
#4 Get familiar with other types of contingency fees
That’s right—there’s more than just the standard type of contingency fee. Lawyers also have to consider using reverse contingency fees and hybrid fee arrangements.
In reverse contingency fees, lawyers are given a percentage based on how much money they saved the client rather than how much money the client was rewarded. For example, if you’re representing a client who is being sued for $1 million, but you negotiated the settlement down to $100,000, then you would be given a percentage of the $900,000 you saved the client.
Reverse contingency fees get tricky because someone can sue for an outrageous amount of cash that is unlikely to be paid in full. So a lawyer may have just negotiated down to a more reasonable rate, not really “saving” any money at all. However, because of the problems that can arise with these cases, they are very uncommon.
Hybrid fee arrangements, on the other hand, are a little more common. They include both a fee that’s based on the lawyer winning the case and the lawyer’s fixed, hourly rate. These arrangements must also hold up to the state’s requirements regarding contingency fees, but the fees are more of a bonus rather than the lawyer’s entire paycheck.
#5 Secure informed consent from clients
No matter how brilliant a lawyer you are and how hard you work to win your clients’ cases, you always run the risk of a client refusing to pay the agreed-upon contingency fee. They can then complain to the state bar. When you’ve done your homework and crafted a reasonable fee, this is unfair. But it happens, and it helps to be prepared for it.
It’s imperative to get informed consent from your client that explains the risk of the case, the likelihood of securing a victory, and the monetary amount that you could be taking home if the case is won. A good statement to use in your Informed Consent Agreement is the following: “the fee is not set by law but is negotiable between attorney and client.” A written and signed agreement protects both you and your client from any surprises at the end of the trial.
Takeaway
As confusing as they are to navigate and understand, contingency fees are standard practice in most law firms. They not only provide a great incentive for lawyers to win cases, but they also give an avenue for those who can’t afford legal help to have it.
Business development, marketing and public relations initiatives can be intimidating to even the most-seasoned legal veteran. The idea of creating a successful plan seems daunting, much less the prospect of executing, maintaining and measuring the plan’s performance metrics. The steps to effective business development are rooted in creating visibility and thought leadership that successfully position both you and your firm within the marketplace and that translate into new clients and business referrals.
Here are five business development myths that make creating and executing a successful business development plan seem impossible. It is important to remember that most attorneys did not go to law school or begin their legal practices with the aspiration of becoming a seasoned marketer. However, it is possible to become successful at business development by reevaluating how you measure success and how you focus your efforts — and debunking these myths.
Myth #1- There Is a “One Size Fits All” Marketing & Business Development Plan
Each individual’s marketing and business development plan should be customized to highlight not only their unique strengths but also to incorporate their priorities, experience, capabilities and commitment level. For example, if you’re more extroverted, your plan could include large networking events or speaking engagements. If the idea of speaking to a group of strangers is intimidating, then perhaps your plan includes writing articles or providing your expertise in small roundtable discussions. Additionally, before creating a business development plan, each individual needs to evaluate factors like where they are in their career, what their short-term and long-term goals are, and what they need to get out of their business development initiatives to be considered effective.
Myth #2- Being Successful at Business Development Means You Are a “Rainmaker”
There is often a stigma that the successful business developer is defined as a rainmaker. Business development success should be measured on an individual level and not compared to the firm as a whole or measured against any other attorney’s business development contribution. There are too many factors for each person and their experiences and circumstances to label only the rainmaker as successful. Just like a law firm requires many layers of expertise to run smoothly, there are different levels of contributors to business development, and each level should be valued and encouraged if individuals are participating to the best of their ability and expanding their business development experience.
Myth #3- New Clients Are the Only Measure of Business Development Success
While the obvious end goal of all business development initiatives is more business which equals more billing and revenue, signing new clients is not the only measure of successful business development. Expanding your network to broaden the exposure of your expertise is a fundamental part of a successful business development plan. Often, attorneys get too focused on cultivating the relationship with a potential client and miss opportunities to connect with valuable referral sources, thus limiting their network.
There are also other business development initiatives that can be measured as successful beyond singing a new client- including getting a bylined article published, being honored with a significant award or ranking, or being quoted in the press. Each of these things help to create an integrated and effective business development plan that sets up the foundation for long-term success.
Myth #4- Executing Your Plan Needs to Be Done Alone
Simply because your business development plan “belongs to you” doesn’t mean you have to execute it on your own. Working with someone to hold you accountable is crucial to the process. This is not to say you need to immediately run out and find a business development coach to be successful, but you do need someone to discuss which initiatives are working in your plan and identify any challenges you’re facing. This should include regular check-in meetings to make sure your plan is progressing the way you’d like and to ensure your goals are being achieved. It also includes evaluating the success, or lack thereof, of initiatives and adjusting or revising goals to be more effective.
Having a mentor or aspirational influence is also a helpful tool for both planning and execution. While you don’t have to model your plan to mirror someone else’s, there is value in knowing where you’d like to be and seeing someone else achieving that level of success. A mentor will serve in a more interactional role, but if that model doesn’t fit with your personality or your business, identifying with a person or people whose success you would like to emulate is helpful when crafting a strategy and long-term goals in your business development plan.
Myth #5- Business Development Is a Fancy Term for Networking
Many people declare they don’t need a business development plan because they are “active” within their industry and regularly attend events. Event attendance is a piece of a larger initiative that creates a successful and measurable business development plan. Often, attorneys put all their marketing eggs in one basket. They become frustrated when those efforts are unsuccessful and give up. An integrated approach is key to being successful in business development. This includes not only networking but also incorporating other things like writing, ranking and honors, digital strategy, and public relations.
It’s easy to focus on client work and push business development initiatives to the side or add them to a to-do list. The idea behind breaking down these common myths is to empower everyone to feel they can create a manageable business development plan, use the tools and resources they need to execute these plans successfully, and to execute these plans with short-term and long-term goals that are easily achieved. Business development does not need to be intimidating, overwhelming or time-consuming if your plan is personalized to highlight your strengths, comfort level and readiness. The goal of business development is not just to meet people and hope they’ll hire you, but to create lasting impressions through initiatives and actions that enhance your visibility and position you as a thought leader.
The legal industry continues to respond to larger forces in society, and along with our usual focus on law firm moves, hires, and accolades, we take a look at the specific ways law firms are pledging to combat racism and fight for social justice in their communities and across the country.
Law Firm Moves, Hires and Recognitions
Down in Texas, Erin England joined Katten’s Dallas office as a partner in the firm’s commercial finance practice. England represents alternative lending institutions and banks in negotiating and structuring domestic and international commercial transactions. She also has experience in the real estate finance industry, representing lenders and borrowers in real estate and construction loans involving retail space and industrial properties.
“In the last two years, we’ve added leading attorneys like Erin in key growth areas such as commercial finance,” said Mark S. Solomon, managing partner of Katten’s Dallas office. “As an active member of several organizations committed to the hiring, retention, and promotion of diverse lawyers, Erin also shares in Katten’s deep commitment to diversity and inclusion, which is a fundamental part of the culture in our Dallas office.”
Michael Gaston-Bell of Katten
Also joining the Katten Dallas is Michael Gaston-Bell, who is the first labor and employment attorney in the firm’s Dallas office. His previous experience includes representing clients on Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) workplace matters in state and federal court, and working with corporate leadership on complex and often crisis level employment issues, including internal investigations, unfair competition and major transactions in health care, entertainment, banking, military contracting and retail industries.
“Michael is a talented attorney who will offer our clients in Dallas and across the country exceptional employment litigation counsel,” said David Crichlow, national chair of Katten’s Commercial Litigation group. “He has the skills to succeed and a track record for being a true advocate of his clients who often face tough, complicated issues.”
Katten opened the firm’s Dallas office with seven partners in 2018 and has grown to over 40 attorneys in the past two years.
George Howard joined the Restructuring & Reorganization practice of Vinson & Elkins (V&E) in their New York City office as a partner. Howard represents distressed debt investors, asset purchasers, companies, banks and secured lenders in out of court restructurings, chapter 11 reorganizations, distressed M&A, cross-border insolvency proceedings, and secured financing transactions.
“We are focused on growing the firm’s restructuring team particularly to meet increasing client demand for company and debtor side representations,” said V&E managing partner Scott Wulfe. “George is a great addition to the team not only because of his significant debtor experience, which perfectly complements our existing strengths but also because he is a natural team player and a great cultural fit for V&E.”
Matt Jones Ropes & Gray
Ropes & Gray’s Chicago office added Matthew (Matt) R. Jones to the firm’s employment, executive compensation, and benefits practice group. Jones advises private equity firms and their portfolio companies on executive compensation in relation to complex commercial transactions. Jones also advises clients on Securities and Exchange Commission executive compensation arrangement reporting obligations.
“We are very excited that Matt has joined the firm,” said global private equity practice co-chair Neill Jakobe. “Chicago is a priority market for our clients and our firm, and it is critical that we continue to attract the top talent in this market. Matt is an exceptional fit from a strategic and cultural perspective and he will further enhance the value we deliver to our clients locally, and globally.”
Christopher Passodelis Jr., James M. Sander, Brandon T. Uram and Megan L. Tymoczko-Korch joined Steptoe & Johnson PLLC, working remotely from the firm’s Southpointe office in Canonsburg, Pa., with plans to move to the downtown Pittsburgh office this fall. All four attorneys practice in the firm’s Business Department, handling business transactions and corporate services and tax. Uram focuses his practice on transactions and business litigation.
“Chris, Jim, and Megan bring an entrepreneurial spirit and many decades of diverse experience representing businesses large and small to our firm. Brandon is a creative and fierce advocate for clients who are faced with litigation,” said CEO Susan S. Brewer. “As Steptoe & Johnson grows its presence in western Pennsylvania, they will play a key role in helping us meet our clients’ needs.”
Immigration attorney Sarah Hawk joined Barnes & Thornburg (B&T) as a partner, along with Of Counsel Terra Martin and Paralegal Elizabeth Wei. She has 20 years of corporate immigration experience representing universities, corporations, and individuals, and leads the firm’s Southeastern immigration practice.
“In this critical time, we couldn’t ask for a better resource for our clients than Sarah,” said B&T’s labor and employment department leader Kenneth Yerkes. “COVID-19 has complicated many employees’ immigration statuses, whether it stems from remote work, reductions in force, border closings or shortened internship programs.”
David F. Johnson of Winstead was named to the Board of Directors for the Texas Board of Legal Specialization (TBLS). Established in 1974, the TBLS is a certifies lawyers and paralegals in their specific area of law, bestowing certification upon demonstration of expertise, after passing a rigorous exam and demonstration of completion of CLE continuing education credits. Out of 110,000 attorneys licensed to practice in Texas, only 7400 are board-certified. Johnson, who writes extensively on Fiduciary law in Texas, is also Board Certified in Civil Appellate Law, Civil Trial Law, and Personal Injury Trial Law. He will serve a three-year term on the TLBS beginning July of 2020.
Law Firm Contributions to Social Justice
Law firms have responded in a variety of ways to the recent protests, civil upheaval, and calls for change surrounding the murder of unarmed minorities at the hands of police. Many law firms announced Juneteenth observances, and encouraged their employees to use the day as a chance to reflect on how to best encourage tolerance and justice in their lives and through their legal work.
Below is a sampling of some initiatives, pro-bono efforts, and other steps towards positive change announced by law firms.
One thousand attorney law firm BakerHostetler announced the firm’s intention to develop firm-wide plans to become a more “inclusive, diverse and successful place to work and thrive.” The firm announced plans to partner with civil and human rights organizations to develop an environment welcoming of honest conversations about race and discrimination, as well as resources to educate firm-wide to effect change. As an initial step, the BakerHostetler Foundation is donating $100,000 to the Equal Justice Initiative, a non-profit dedicated to justice, ending mass incarceration and police reform. Along with the donation, BakerHostetler acknowledges “like many other law firms, we have work to do to increase diversity among our attorneys and leadership, and we will not stop working to address these issues.”
A global law firm focused on technology and innovation, Orrick has also announced plans to advocate for racial equality and diversity in the legal industry. Along with increased resources devoted to the firm-wide pro-bono program, Orrick Cares, Orrick has also announced the Orrick Racial Justice Fellowship Program. This program will allow at least five attorneys within the firm to devote a year each to focus on social justice and civil rights issues.
Additionally, two associates with Orrick, Tatyanna Senel and Yasmina Souri rallied almost 1,000 attorneys to provide pro-bono representation to protesters in Los Angeles. Senel and Souri helped formalize a working relationship between Orrick and the National Lawyers Guild, an established bar association with a mission of using the power of the law for the people, by bringing together lawyers, law students, legal workers and jailhouse lawyers to work together on a wide spectrum of issues, and create change on the local, regional, national and international levels. The National Lawyers Guild (NLG) is one of the most progressive bar associations in the country, as well as one of the oldest, and the first to be racially integrated. Additionally, Senel and Souri activated their own networks to rally friends and colleagues to the cause. Senel says, “We’re [Senel and Souri] both passionate about the message, and we felt like there was something we could do with our law degrees.”
According to the LA Times, almost 3,000 protesters were arrested in Southern California during the upheaval surrounding George Floyd’s death. Through this partnership, NLG is able to deploy almost 1,000 attorneys with varying levels of expertise to provide legal defense to protesters arrested. Criminal Defense attorneys will handle the more complex matters, while attorneys with limited or no experience in criminal law will handle lower-level issues, like curfew violations. Additionally, the volunteers will provide training on how to act as a legal observer.
Wiggin and Dana LLP, in response to racial inequalities brought to the forefront by recent events, has announced the Wiggin Opportunity Initiative, a pledge to provide $10 million in pro-bono legal services to minority-owned businesses over the next decade. Managing Partner, Paul Hughes, said, “While born of current events and frustrations, the firm wants to do something that will outlast the spotlight of this particular moment and support long-term improvement in opportunity and equality in our communities. By leveraging the particular skillset of our sophisticated lawyers in a sizeable, sustained and focused effort over time, we hope to make real change in a way that we could not achieve by more modest, incremental efforts.”
The next step in the initiative is to identify, through collaboration with community partners businesses that could benefit from the initiative. The legal services will be available across a variety of practice groups in order to meet a variety of needs in the business community. With a ten-year commitment, the firm is hoping to develop long-term relationships with the minority businesses to form partnerships to amplify the success of the businesses, to best impart lasting change on the landscape.
WilmerHale is a full-service, international law firm with 1,000 attorneys is focusing their racial equality efforts on police reform. WilmerHale announced their intention to donate at least a quarter of a million dollars to organizations working on police reform efforts, and select two fellows to work with civil rights groups addressing issues related to systemic racism, criminal justice and holding police accountable.
Focusing on WilmerHale’s proven track record in Police Department Counseling, the firm has established a pro bono client initiative focusing on police reform and social inequities affecting minorities, focusing on police accountability—using WilmerHale’s long-standing expertise in advising police departments in Baltimore and Chicago under Department of Justice (DOJ) investigation to assess practices and bolster public safety by helping departments adopt best practices. WilmerHale indicates these steps are just the beginning, saying: “These are our initial steps in our efforts to ensure meaningful change. We plan to build on and expand this work.”
Many law firms have announced their intention to contribute financially as well as look internally and find ways to make their own workplaces more inclusive, by formalizing initiatives to increase diverse attorney representation across the industry. In fact, to further this goal, over 125 law firms have joined the Law Firm Antitracism Alliance, with the purpose of:
. . . leveraging the resources of the private bar in partnership with legal services organizations to amplify the voices of communities and individuals oppressed by racism, to better use the law as a vehicle for change that benefits communities of color and to promote racial equity in the law.
Through coordination of Pro-bono efforts, law firms will partner with legal services organizations to “identify and dismantle structural or systemic racism in the law.”
Akin Gump, wrote an amicus curiae brief on behalf of the respondents, in conjunction with the American Historical Association, the Organization for American Historians and the Fred T. Korematsu Center for law and Equality, along with over 40 individual historians, supporting the legal challenge to the Trump Administration’s decision to rescind the DACA program. The brief looks at the historical context of decisions such as these, with a focus on the coded language and implicit bias used by the government to support policies. The brief indicates, in part:
. . . [A]mici seek to ensure that this Court understands the ways in which racially coded language has been used by government actors, both past and present, to mask illicit discriminatory motives—particularly in the immigration context, including the rescission of DACA.
Pratik Shah, co-head of Akin Gump’s Supreme Court and appellate practice, pointed out that many DACA recipients have only ever known the United States as their home, and all who earn DACA protection had done so by furthering their education or serving in the military. He says, “The Court’s decision that the administration cannot arbitrarily upend the lives of hundreds of thousands who arrived in our country as children . . . is a victory for both the rule of law and common decency.”
Marketing is the backbone of your law firm’s growth. Think of it this way: a bad attorney can still drum up a substantial amount of business with an impressive marketing plan, but an excellent attorney’s skills will not save them from a weak or nonexistent marketing plan. If you are wondering if you have outgrown your current marketing plan, look for these signs that you need an outside professional.
1. Marketing Takes Up More Than 15 Minutes of Your Billable Time
As an attorney, you should spend most of your time doing what you do best. If you spend more than 15 minutes per day writing and scheduling tweets, checking marketing metrics, or optimizing your blog posts, you are wasting time that should be spent researching, meeting with clients, or preparing for court. Outsource these tasks to a professional.
2. Your Returns Have Plateaued
Seeing big returns on your law firm’s marketing efforts is exciting, which is why plateaus are so disappointing. Without in-depth marketing education and experience, you are unlikely to know what it takes to overcome those plateaus. And while there is a wealth of online information on how to do it yourself, it is a better use of your time and skill to involve a professional consultant that can highlight new ways to bring in potential clients.
3. You Want to Take Your Marketing to the Next Level
No matter how brilliant and creative you are when it comes to selling yourself and your practice, you would be amazed at the opportunities and ideas that a professional can bring to the table. Whether it is identifying a potential sub-market that could grow your law firm, or developing new branding ideas that speak to a different demographic than your typical client, an outside marketing consultant can enhance your current strategy and increase your return on investment.
4. A Big Change or Event is Approaching
An important event or big change in your firm is a massive marketing opportunity, but can also be a massive source of stress. With so many small details to consider, as well as pressure for the event to be successful, a holistic marketing company can provide you with wrap-around support for your event. Not only can they show you the best ways to market your event, but may also offer event planning services, subcontractor management, and even discounted purchasing on your behalf.
5. Your In-House Team Has Become Complacent
In-house marketing teams can work as well-oiled machines, properly allocating their efforts across different team members and projects. In some cases, though, they become complacent and stop giving your firm the time and effort necessary to bring in new clients. Instead of trying to motivate a team that has lost passion for seeing your law firm succeed, consider adding an outside marketing eye to your mix. Often legal marketing consultants offer hourly consultation rates that are perfect for when you simply want a fresh perspective and a new direction without a long-term commitment.
6. You Are Striking Out on Your Own
Starting your own law firm is a significant accomplishment. Avoid the trap of saving money by engaging in DIY marketing. Although it may seem like a good way to cut costs at the outset, shoddy marketing and tone-deaf messaging can actually do far more financial damage than the amount you might save. From logo design and business cards to innovative pay-per-click campaigns and social media marketing, it is better to start out on the right foot with a solid marketing team or consultant that can give you a solid foundation for the future.
7. Circumstances Call for Rebranding
No one is perfect, and every law firm has had its fair share of blunders. However, when a huge mistake smears your name and causes any Google search of your firm to reflect poorly on your brand, it is time to call in a professional legal marketer. They can help mitigate reviews, consult on best next steps, and develop a re-branding strategy that can save your business before negative press starts affecting your bottom line.
8. You Do Not Have Time to Pursue Further Credentialing
In the legal world, reputation is key to success. For many lawyers, this means participation in cause marketing, leadership in relevant associations, and pursuing awards and credentialing opportunities. Unfortunately, not every lawyer has the time, means, or energy to research these opportunities and develop them. A good outside marketing consultant will be able to review your experience and professional strengths and use them to find appropriate places for you to speak, guest author, and submit yourself for public recognition for the good that you do.
9. You Want Help Understanding Your Marketing Analytics
Whether you work with an in-house marketing team or do your own law firm marketing, detailed analysis is a vital part of knowing what is working with your marketing strategy. This can become very frustrating, especially if you are receiving or running reports that you do not understand. Instead of trying to give yourself a full marketing education, turn them over to a specialist. An outside legal marketing consultant can review your analytics with you, highlight the areas that are meeting expectations and give suggestions on how to improve those areas that are slow.
10. Blog Upkeep is Getting Away From You
Companies with blogs get, on average, 67% more leads than companies without blogs, according to Demand Metric. It is not enough to create a new post whenever your schedule allows; blogging has to be a scheduled and highly prioritized part of your marketing plan. If your updates are becoming more and more infrequent, a marketing specialist can create a content calendar and even help you hire a ghostwriter to ensure that the posts keep coming.
11. Your Presentation and Publication Schedule Is No Longer Manageable
If you are not on top of your presentation and publication schedule, a marketing specialist can help you organize, prepare for, and promote these important parts of your marketing strategy. Remember, every presentation you make and every publication you produce is a chance to reach new clients. It makes sense to hire someone who knows how to best identify new avenues for this kind of credentialing and can take the time to ensure that everything is in order so that you are set up for success with no stress on your part.
12. Client Prospects Are Drying Up
Every law firm has slower spells and busy times. Still, if you are noticing a downward trend, it is time to analyze whether it is a normal dip in activity or a problem with some element of your marketing plan. If you have already exhausted your current networking and marketing efforts but business is still not picking up, a marketing professional can give some much needed insight.
13. Your Online Properties Are Out-of-Date or Poorly Managed
Your image is everything. Attorney websites with broken links, attorney bios that have not been updated in years, and abandoned blogs can lead clients to think you are no longer practicing. Hire a marketing specialist to consolidate online properties and manage their upkeep.
Choosing the right marketing expert can breathe new life into your client prospects and take your success to the next level. With the right support, your law firm can be flexible and relevant, able to identify new opportunities that will keep your law firm growing into a legacy worth having.
Blogging is one of the most straightforward ways to share your legal expertise, strengthen your reputation amongst peers and potential clients, and become a valuable resource to your community. Once you know basic SEO principles and have a writing schedule that you stick to, it can be fairly simple. You already have the expertise. Now, learn how to share it by creating an engaging, educational, and helpful legal blog.
Before All Else, Know Your Law Firm’s Target Market
Being an expert in your area of practice is one thing; effectively sharing that knowledge with your target market is another. One issue that legal professionals run into while blogging is failing to write to their audience. When writing to non-lawyers, avoid using legal language that lay people do not understand, cite sources in a way that does not interrupt the flow of your writing, and avoid an overly formal tone.
You already know who your target market is: your clients and potential referral sources. If your goal is to connect better with potential clients, write in a way that appeals to their needs and is easily readable. It is easy to write about complex, multifaceted issues in a technical and legally accurate manner, but it is an art form to write about those same topics in a way that a person with no legal background can digest.
If your target market is lawyers—as is the case when you rely primarily on other attorneys for referrals—feel free to write in a way that connects with other attorneys. Still, avoid jargon and make sure that your work is clear and concise, as unnecessary “filler” bogs down your writing and can lose readers.
Regardless of who you are marketing your blog to, make sure that your tone matches your branding as well as your intended audience. If you are not writing in a way that connects with your audience, the time you put into your blog will not pay off.
Top SEO Tips for Law Firm Blogs
Knowing just a handful of common SEO tricks and techniques is enough to get you started. As you expand your legal blog and spend more time using it as a marketing tool, you may wish to invest in marketing services that allow you to expand your reach. To begin, use these techniques in your writing:
Make the first 50 words pop. The first lines of your blog post are important for catching both readers’ and search engine robots’ attention. Increase your SEO score by including key terms in these first 50 words including your location and specialty area as well as the keywords for your article.
Take advantage of location-based keywords. Instead of targeting a phrase like “bankruptcy lawyer,” which is nearly impossible to rank for organically, use your city name and the names of neighboring cities to find people who are looking for specific local advice in your area of law.
Choose a handful of supporting keywords for each post. These are terms that have lower search volume than your main keywords, but are relevant to the main keywords. This casts a wider net with your piece.
Check the readability of your piece with online tools like WebFX. If your average visitors reads at a ninth grade level and your piece is written at a 12th grade level, you are losing potential readers.
Make use of links. Linking out to authority sources increases the authority of your blog post, and getting your post linked to by others boosts its trustworthiness. Be sure to link back to pages on your own website as well if you can.
Diversify Your Law Firm Blog Posts
This is a tough balance to strike. You want to be narrow enough that people know what type of topics to expect every time they visit your blog, but you also want to be diverse enough that people do not get bored. Mix up your content between evergreen topics and trending topics. Articles that are not contingent on timely topics bring in readers over years, while trending topics can bring big boosts of readers as they are relevant to current events. Both are necessary to maintain high traffic and get new eyes on your website.
In addition, consider diversifying blog post lengths. Data from HubSpot indicates that long-form posts perform best, with the target range being around 2,000 words. Still, if 200, 500, or 1000 words will suffice, padding it out to 2,000 words is a waste of your readers’ time. What this does mean is that you should spend considerable time crafting in-depth posts that answer questions and offer clear value to readers. The shorter posts can also be helpful when the point is clear and they are meant to be quickly read through.
Make Law Firm Blog Posts Engaging and Attractive
No one clicks on a blog post and wants to be hit with a wall of text. There are many ways you can make your posts easy to digest, attractive, and welcoming. Make use of subheadings and bold text within your posts, which not only break up your information, but signal important key topics to search robots. White space through paragraph breaks is a great way to increase readability of longer posts.
In addition, posts with relevant images get 94% more views than those without images. To avoid copyright issues, use royalty-free image sources like:
You can also create or commission infographics that sum up the main points of your post into an easy-to-share format.
The Power of Consistent Action
When you commit to blogging, commit fully with a realistic schedule. When lawyers begin blogs, they often plan on posting whenever their schedule allows. Unfortunately, this often translates into occasional posts or an empty blog. A blog that has not been updated for weeks or months tells potential clients that you may not be active, that you may be too busy for new clients, and that you may not even be in business anymore. By creating a consistent blog schedule, you can get into the habit of producing high-quality content and steadily increasing your readership each week.
Your legal blog could help you reach an entire new audience. From new professional connections to new clients, the benefits of a legal blog are endless.
The path to partnership, which many attorneys aspire to achieve, can be a long and challenging road. In order to get there, an attorney’s ability to generate new business is a critical component. The partnership track can be even more difficult for diverse attorneys, as this group tends to lag behind their counterparts in business development. It begs the question: Why do diverse attorneys face challenges in business development, and how can marketing and business development professionals better support their diverse attorneys?
During the Legal Marketing Association (LMA) Southwest Region Conference in September 2019, Tasneem Khokha and Holly Barocio from GrowthPlay, presented on how we can better understand and counsel diverse attorneys, and examined the main challenges these attorneys face in building and sustaining their book of business.
Some of the key challenges Tasneem and Holly discussed, include:
A lack of, or much smaller network of, potential business as compared to their counterparts.
Feelings of being labeled as the token diverse attorney to add to a pitch.
Feeling as though they lack a common ground with decision-makers because of different life experiences.
Feeling pressure to have to work harder in order to “prove” themselves.
Feeling uncomfortable asking for opportunities as compared to their counterparts.
So how can marketing and business development professionals help their attorneys navigate these concerns? It starts with listening and understanding. No one can make the experiences that diverse attorneys face disappear, but marketing professionals can help them turn these challenges into opportunities and set them up to handle future experiences with ease. It’s important to remember the underlying characteristics of great business development, which are:
Being an authentic relationship builder.
Having the ability to provide solutions to problems, even if you aren’t always rewarded for your efforts.
Avoiding pitfalls, such as rushing to sell too soon.
While some diverse attorneys may inherently have a smaller network, if they are armed with the skill set to build authentic relationships and provide solutions to problems, they will be viewed as someone others can trust – a key characteristic of someone who can build a strong book of business. As a marketing and business development professional, being able to authentically counsel diverse attorneys is invaluable. Here are some techniques:
Not having commonalities with decision-makers because of different life experiences is not a make or break situation. You can find commonalities in anything – love for sports? hobbies? pets? You’d be surprised the connections people can make if they listen and pay attention to the person they are talking to.
From a poll of the audience, some diverse attorneys may feel that being the token diverse attorney is a negative and does not allow them to be recognized for their skills and experience. Be candid and acknowledge the elephant in the room, but advise them to take the ball and run with it. Encourage them to open up about whether they like the work or prefer to do something different, but they must seize the opportunity.
Another common concern is that diverse attorneys are less inclined to ask for opportunities. For marketing professionals, be there to help connect the dots and nudge diverse attorneys to openly discuss what excites them and what they want more of. Diverse attorneys may feel siloed, but you can help connect them with others in the firm who can propel them further in their careers.
Marketing professionals and other non-lawyers are all too familiar with the age-old hierarchy that pervades law firms and treats attorneys differently from everyone else. Reminiscent of a caste system, this throwback aspect of law firm culture offers attorneys and staff two separate benefits packages, two separate leave policies, two separate dining rooms.
While this system never could have been called equitable, a few professional generations ago firm leadership could provide an understandable justification for it. Law firm staff worked a predictable nine-to-five schedule, while the lawyers put in hundreds more hours per year, working many “all-nighters.” Lawyers’ jobs were highly specialized, while the firm’s non-lawyers performed administrative tasks that were not central to generating revenue.
What a difference a few decades make. Technology has changed the nature of every role within the firm, allowing lawyers to at least assert some work-life balance by working remotely while non-lawyer staff members likely spend longer hours than ever in the office. In addition, today’s forward-thinking firms have expanded the c-suite to include chief marketing officers, chief information officers and chief financial officers. Increasingly they are also hiring internal operations managers and other pricing experts who can speak the same language as the procurement professionals GCs count on to save their companies money. Each of these members of the team bring highly specialized training and skills to their role — and make a measurable impact on the bottom line. And whether managing partners genuinely value their skills, or are simply responding to client demand for their expertise, the result is the same: these professionals now have a seat at the table with clients.
Given this new reality, it no longer makes sense to cling to a law firm culture that renders non-lawyers second-class citizens. And yet old habits die hard. CMOs may finally be getting (a portion of) the respect they deserve, but what about the members of their teams who execute marketing strategy and play a crucial business development role with existing clients?
To be sure, marketing professionals still face an uphill battle in demonstrating their value to firm leaders. But the upheaval in the old system has created an opportunity for CMOs and marketing directors. With the right strategy and messaging, they can use their newfound platform to advance a discussion about firm policies and shed light on the fundamental work of non-lawyer professionals. Here are three ways to get started:
Rebrand your legal marketers as a business development team. Think carefully about how you talk about what you do when you interface with other stakeholders in the firm. Craft your messaging to emphasize the ways in which marketing directly generates revenue. For many large firms, a significant portion of new business comes from expanding engagements with existing clients, and marketers are on the front lines servicing those client relationships and creating opportunities for attorneys to sell across practices.
And make the case with data. Marketing leaders can use many available tools — from the simple to the sophisticated — to collect and process information about their campaigns and initiatives, and understand what really gets results. Firm leaders respect and respond to hard numbers that help them assess how your department is converting firm resources to new opportunities for business development.
Speak up about policies that don’t pass the smell test. The broader culture is extremely sensitive to matters of diversity and equity, and while law firms may be later arrivals to this conversation, their corporate clients are paying close attention. Is the cost savings of a two-tiered benefits package (assuming there is one) really worth the potentially damaging optics of a negative news story on the firm’s throwback culture? Is your diversity and inclusion initiative really embracing inclusion if only lawyers — and not professional staff members — are invited to participate? Legal marketing leaders can use the credibility they have gained to make the case for reexamining problematic policies and suggesting alternatives.
For most legal industry veterans, it’s impossible to imagine law firms that don’t elevate lawyers high above the rest of the staff. And while we probably won’t be saying goodbye to this outdated aspect of firm culture anytime soon, the demands of the marketplace have introduced some much-needed wiggle room into long calcified roles. Don’t miss this opportunity to help firm leaders appreciate the crucial contributions of legal marketers.
KnowIt is a groundbreaking new annual event that brings together the community of creators and protectors of intellectual property and other innovative outputs for an unprecedented discourse and collaboration. With dramatic shifts in both consumer and business technologies, as well as social trends and business models, now is the time for KnowIt.
THE DIALOGUE AT KNOWIT:
Includes intellectual property, but goes beyond IP to include all human (and artificial) intellectual output;
Includes lawyers and matters of law, but goes beyond law to include the business and science of creating and protecting innovations;
Includes panels and speakers, but goes beyond the passive listening experiences of the past to facilitate actionable exchange and collaboration.
Attendees at KnowIt will include lawyers (in-house and outside counsel), academics, inventors, authors, brand creators, cybersecurity and privacy professionals, leaders in government, regulators, startups, tech companies, investors, non-profits, media, Wall Street analysts and more.
As an attendee, you will be immersed in unique and engaging sessions about the future of intellectual enterprises, and will connect with peers beyond those that hold the same job title as you. The agenda features unique general sessions as well as more intimate conversations. KnowIt also provides a multitude of ways to meet and interact with your peers, clients, lawyers, creators, partners, vendors and friends.
KnowIt doesn’t focus on the nuts and bolts. Instead, it examines critical issues that are fundamental to understanding the changes happening today, and the changes that will define the innovation of the future.
Join us on May 11-14, 2020 at the Aria Hotel in Las Vegas, as we define intellectual output in a digital world and usher in the Fourth Industrial Revolution!
Lawyers aren’t necessarily thought of as those who practice in a “creative” profession. At least not in the same way that artists, writers, musicians or marketing professionals are deemed “creatives.” However, lawyers and those who support them know that nothing could be further from the truth. In fact, the practice of law demands creativity in virtually all aspects – creating ingenious defense strategies, crafting brilliant opening statements, structuring unique partnerships or mergers or acquisitions, etc. Law firms also routinely launch creative marketing campaigns or inventive business development strategies. Plenty of law firms even get creative in terms of alternative billing structures. Indeed, the practice of law and the business of running a law firm require virtually nonstop creative thinking and strategy.
However, as most attorneys and firms know, generating creative inspiration can prove challenging. After all, some of the best ideas seem to materialize out of thin air, with an out-of-the-box design for working up a case coming to light during the course of other work. Since trial-winning ideas or successful marketing strategies that generate a particularly impressive ROI often seem to come to life out of the blue, it’s worth asking the question: Is there a way to generate creativity on demand? The short answer is: yes.
Drew McLellan of Agency Management Institute addressed the notion of sparking creativity on demand in a recent article, which we’ve expanded on below, including one of our own strategies. Here are five suggestions for drawing out creative ideas at your law firm when you need them.
Ban the Notion of Bad Ideas & Champion Creative Chaos
Obviously, not every idea is going to prove to be a winning strategy for your firm or your client, but by making it clear that all ideas are worth exploring, you may lay a foundation for creative chaos. Sometimes the worst ideas serve as the catalyst to make your team members think, which then spawns a great idea that otherwise wouldn’t have emerged. Too, if you set a culture where people can’t speak up, or their ideas are snuffed out, you may be silencing that one person who will come up with the dead-on idea for the brainstorming session.
Allot Time for Creative Idea Sharing at Meetings
During regular meetings, be sure to include time for idea sharing before heading back to your respective offices. Often, due to time constraints, meetings are held to strict time limits. Unfortunately, because of the volume of information shared during a meeting, there may not be time for an associate or team member to share an idea they have, which likely took shape during the meeting. By scheduling an extra 15 minutes at the end of regular meetings, you may just generate some of your best ideas yet.
If this isn’t possible, try scheduling an agenda-less meeting once a week, just to pick the brains of your colleagues. Simply open up the meeting by asking something like: “Are there any ideas that you have that would make this firm run smoother or would make this case progress?” Then, open the floor up to input from your attorneys and team.
Champion Your Team’s Growth
Supporting the individual passions of your attorneys and staff is another great way to generate creativity. If you have an attorney who is an avid rock-climber, for example, encourage them to keep it up, and share their experiences about it. Likewise, if you have team members who are curious about pursuing a particular hobby, ask for updates on their progress and learn more about what they find fulfilling about it. The more you get to know your colleagues and who they are outside of the office, the greater the likelihood they may share ideas that come to them during off-hours.
Suggest Both Reasonable and Risky Solutions to Challenges
Creativity often emerges while pursuing solutions. When you’re brainstorming a solution to a problem, try to come up with one solution that is safe and practical, but also one that is risky, or otherwise unusual. By offering these ideas up to your peers, you’re likely to spark creative thinking on their part as well.
Embrace Creative Activity Team Building
Much like supporting the individual growth of attorneys and staff, it’s valuable to invest in team building. Consider a creative endeavor for your next team building exercise, such as a group night out at an art museum. Any activity wherein the focus isn’t just on chatting—such as attending a sports game or a happy hour— may just help to solidify friendships amongst firm members, who are then more open to idea sharing with the group.
Generating on-demand creativity in and of itself requires a bit of creativity. Consider these five suggestions or other ideas that these spark, in order to keep your firm investing in ingenuity.
