Category: Legal Employment

NLR Legal Industry News July 1, 2019: Law Firm Recognition, Tech and Talent

The legal industry is continuously changing and we want to share the good news about strategic hires and notable industry achievements. We’re also looking to pass on interesting legal tech developments that aid lawyers and law firms in streamlining and growing their practices.

Notable Legal Industry Recognitions 

The law firm of Frost, Brown & Todd was honored by the Women in Law Empowerment Forum (WILEF) for their diversity and inclusion efforts with a 2019 Gold Standard Certification, and the firm was only one of 45 firms to receive this honor.  In order to be recognized firms had to meet a variety of criteria, including the mandatory criterion that at least 20% of all equity partners are female, or 33% or more of attorneys who became equity partners during the last year were women.  Additionally, there are other criteria that must be met, some incorporating other diversity measures including LGBT attorneys or women of color in equity partner roles.  FBT has been honored with this designation by WILEF seven times.

top-50-construction-law-firmsCarlton Fields and K&L Gates both ranked in the Construction Executive’s inaugural “The Top 50 Construction Law Firms” list. Carlton Fields’ Construction practice has received multiple accolades, including being named by Chambers USA as the No 1. Construction practice in Florida for 17 years straight. K&L Gates has over 2,000 attorneys in offices on five continents, and was named one of the top 5 firms in the inaugural edition of the list.  The list considered the number of attorneys working in the area, as well as the number of states where the firm is licensed to practice, the year the practice was established and percentage of the firm’s total revenue that comes from the Construction practice.

Wiggin and Dana LLP Corporate M&A practice was recently recognized by IFLR 1000 US 2019 edition as a Tier 1 firm for Corporate M&A work in Connecticut.  Additionally, five attorneys with Wiggin and Dana were specifically recognized: Paul Hughes, William Perrone, and Mark Kaduboski were named as Highly Regarded, while Evan Kipperman and James Greifzu were designated as Future Rising Stars.

For the fourth time, Chambers USA named McDermott Will & Emery the 2019 Healthcare Team of the Year. The health practice at McDermott earned a Band 1 ranking in the Healthcare category for the 10th year in a row earlier this year, and it is the only firm to hold that distinction.  In fact, the practice group has picked up a variety of accolades over the years, including commendations from US News and World Report and The Legal 500.  Practice Chair Eric Zimmerman says, “Our team is dedicated to helping health care companies push the boundaries of what it means to be innovative.”

Ballard Spahr attorney Judy Mok, has been named to the New York Law Journal‘s 2019 Rising Stars list. Ms. Mok has extensive experience negotiating payments transactions for some of the world’s largest retailers and financial institutions. Prior to joining the firm, Ms. Mok served as Senior Payments Counsel for Apple Inc.

Per Alan S. Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group. “Judy represents the best that our legal profession has to offer—she has a sophisticated understanding of the payments ecosystem, she leads by example, and she fosters an inclusive environment.”

Legal Talent Update

EDITThomasSengelwaltSJ
Thomas J. Sengewalt

Steptoe & Johnson PLLC announced that Thomas J. Sengewalt has rejoined the firm’s Denver litigation practice.  Sengewalt has experience in energy litigation and energy transactions.  Steptoe & Johnson CEO Susan S. Brewer expressed excitement for Tom’s return to Steptoe & Johnson, saying,   “His work in litigation and transactions helped some of the Appalachian region’s largest energy producers, and we know he will bring the same skill and passion to our clients in the Rockies.”

Former Commissioner of the California Department of Business Oversight, Jan Lynn Owen joined Manatt, Phelps & Phillips, LLP as a senior advisor in the financial services group.  Owen is known for her embrace of technology and using technology to foster innovation, and she worked to find banking solutions for the cannabis retail industry, working with state regulators and business owners to innovate practical and safe solutions for these businesses.  Additionally, she worked to develop fintech start-ups, working to reduce regulatory burdens in this industry while safeguarding consumer privacy. Owen says, “I knew Manatt’s financial services group would be the ideal place for me to advise and counsel businesses that face a number of complex regulatory and marketplace challenges in today’s rapidly evolving new economy.”

Feinberg Day Alberti Lim & Belloli LLP in Menlo Park, California is increasing its intellectual property punch with the addition of five intellectual property attorneys, including two new Partners Robert Kramer and Russell Tonkovich.  The firm will undergo a name change and be called: Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.  Kramer and Tonkovich each have assembled an impressive resume of awards and a history of winning verdicts in significant patent infringement cases.  Tonkovich is a medical doctor as well as an attorney.  Additionally, Feinberg Day is also adding attorneys Kate Hart, Aidan Brewster and Nick Martini to their IP focused law firm.  Feinberg Day was founded in 2011, and has a reputation for assisting clients in monetizing their patent portfolios.

EDITMonahanChris.WinstonStrawn.DC
Christopher B. Monahan

Winston Strawn announced the addition of Christopher B. Monahan to their Washington DC office. Monahan works with clients on compliance with International Traffic in Arms regulations, the Export Administration Regulations and sanctions programs under OFAC and FCPA.  He assists clients with internal investigations and compliance reviews, and he helps clients in determining jurisdiction and export control classification of their products and technology.  Monahan will join the firm as a partner in the White Collar, Regulatory Defense & Investigations Practice.

Legal Technology News

Legal Services Link recently launched ioRefer™ Referral Software designed to streamline the referral process within law firms, bar associations, legal networks and corporate law departments.  ioRefer’s interactive database helps attorneys looking for assistance on particular projects to quickly post and distribute staffing needs notices either within their law firm or within a broader legal network.  Conversely, law firm attorneys or network professionals with extra capacity can search the database for staffing needs on specific projects. ioRefer for Corporate law departments simplifies the process of retaining qualified law firm talent via targeted matter postings or by searching an intuitive, current directory of qualified professionals.

Attorney and co-founder, Matthew Horn: “ioRefer solves the ineffective, outdated, manual processes used to refer and staff client matters and helps balance the workload distribution of matters to qualified professionals who are looking to take on more work.  For law firms, it keeps client matters from being sent outside the firm and at the same time helps lawyers become more interconnected with their colleagues.”

Cheryl Kaufman, CEO of Alliance Legal Solutions
Cheryl Kaufman

Alliance Legal Solutions recently launched Fundafi.com, a technology-enabled lending platform that improves access to financing for small U.S.law firms.  Fundafi’s business model is designed to nurture a law firm’s growth much like a private equity firm would do for an emerging business. Fundafi has deep knowledge of small law firm practices gained during 8 years of experience working with thousands of law firms. Alliance Legal Solutions was founded in 2011, by Cheryl Kaufman, a graduate of Wake Forest School of Law.

Over three billion images are shared online each day, and around 85% of them are unlicensed, with estimated revenue lost at more than $600 million daily,  as reported by COPYTRACK and summarized in its recently released  2019 Global Infringement Report.

Some of the more interesting findings from the 2019 report reveal that the U.S. is the world leader in image theft comprising 22.96% of worldwide theft.  But less obvious is the #2 offender, Panama, a country with four million inhabitants, comprising a 6.76% share of global image theft. This anomaly is likely the result of “Privacy Protection Services,” who registers site domains in Panama to mask the owners’ personal information. China, considered by many to be the world leader in authorized use, comes in third place with a surprisingly small 6.57%.

2018 bus email graphicCyber Special Ops, LLC, recently announced a new delivery model for cyber services called Concierge Cyber™ which is modeled after the growing practice of concierge medicine.  It includes à la carte or bundled service offerings. same day appointments, phone or email access on evenings and weekends, and pre- and post-breach services as needed at pre-negotiated rates. Breach response services are provided by My-CERT™, a team of highly credentialed legal, information security, credit and identity restoration, and public relations specialists

Per Kurtis Suhs, founder and managing director of Cyber Special Ops, LLC: “Currently only 2 of 10 organizations have purchased cyber insurance, and their policies may not cover theft of monies. So, who do organizations call in the event of a wire fraud loss on a Friday evening? Concierge Cyber makes it possible for organizations of all sizes and budgets to have immediate access to world-class cyber risk management support. The My-CERT™ team provides expertise, experience and agility to effectively respond to a cyber incident under the protection of attorney-client privilege.”

Notable legal industry news?  Submit your stories for consideration in the National Law Review’s Legal Talent and Tech Update.

Copyright ©2019 National Law Forum, LLC
For more on the business of law, please see the National Law Review Law Office Management page.

Next week! Join NAWL at their General Counsel Institute – November 5-6 in NYC

nawl general counsel institute new york GCI national association of women lawyers

Register today!

The last several years have brought significant changes to the General Counsel position and for many, a rise of greater prominence within their companies. Large-scale forces are transforming the economics of corporations as they face challenges related to accelerating competition, cost controls, technology development, reporting transparency, and Wall Street’s focus on short-term profit maximization.

As a result, the General Counsel increasingly has a broader scope beyond being strictly a legal advisor to also being a C-suite executive, senior counselor to the Board, the CEO, and the CFO, and the ultimate guardian of the company’s integrity. The General Counsel and her in-house lawyers are expected to understand the full spectrum of their company’s business and provide expert legal advice, business strategy input, and ethical guidance.

At GCI 11, you will explore ways to create and promote your legal department as a key business partner, develop and employ critical business relationships, and strategically advance your expertise and skills to bolster your prominence within the company. Through powerful personal stories, substantive legal workshops, and GCI’s unique open exchange of ideas, you will soar to new heights as you develop practical solutions to stay relevant in today’s evolving corporate legal and business environments.

To Specialize or Not to Specialize, That is the Question for Attorneys

As the number of attorneys in the marketplace continues to grow, it is becoming more important to differentiate yourself.  One of the best ways to do this is through specialization.  Becoming a “specialist” can be a scary proposition as your messaging and marketing efforts change to accommodate this new direction. The obvious fear is giving up some potential business by speaking and marketing openly about your new focus. While most of these fears are not grounded in reality, most generalists are worried about the possible loss that may occur when making the transition.  In working with hundreds of attorneys, we regularly discuss the ups and downs to becoming a specialist. If the timing is right and you are well prepared, it might be the best way for you to stay relevant, while also growing your practice and obtaining additional financial security. That being said, it’s one thing to be “known” as a specialist versus “identifying oneself” as a specialist. It’s always better to be considered an industry specialist and leader rather than having to advertise that information. In some states, calling yourself a “specialist” is not allowed. Be sure to stay in compliance within your states’ guidelines.

Take a moment and think about two of the most successful attorneys you know.  Really, close your eyes for five seconds and get their names in your head.  I would bet dollars to donuts that at least one of the names you thought of was someone who is a specialist. It should come as no surprise that an attorney who builds a reputation around being great at one thing is memorable to you. The reality is that when you build a reputation in one industry, market or vertical, your practice can grow more quickly than you ever thought possible. Of course, a number of elements need to be in place before taking this leap. Here are a few things to think about before making the switch to becoming a specialist:

#1. You need to be the best at what you do.

Whether you are a litigator or an estate-planning attorney, nothing is more important than being skilled at your craft. When thinking about specializing, be sure you have the baseline skills and experience to succeed in one particular area of the law. It might make sense to get at least 2-3 clients under your belt in a particular area to test it out and see if specializing in one area makes sense for you. Achieving notoriety as a specialist may take months or many years to achieve. The important thing is that you eat, sleep and breathe within the space that you’ve chosen.

A good example of this occurred when I was badly injured in a plane crash back in 1996. That’s right, I survived a plane crash.  During my recovery from looking like a human pretzel, my father, a now retired attorney, put me on the phone with Bob Clifford of Clifford Law Offices. He chose Bob Clifford because he is well branded as the leader in aviation and personal injury litigation. We didn’t speak to any other law firms because who could possibly be better?

Being the best at what you do and building a strong reputation around that specialty can make obtaining new clients very easy. However, as you probably know, it takes real effort and conviction to build a specialized practice.

#2. Choose the right industry or vertical that’s a fit for you.

The easiest and most time effective way to develop a niche’ is to leverage the work you’ve already done in one particular area. It may make sense to target specific people, companies or issues that will allow you to draw out more work.  For example, if you’ve worked with textile manufacturers and enjoy the work, be sure to target other textile companies in your area. You can do a search on google or LinkedIn to identify the people and companies to call on. Try to leverage your existing clients and strategic relationships to obtain introductions to these business owners if possible.

As an example, you could call up your client in the industry and say, “I know you’ve been happy with the work I’ve done for you over the past few years. I am looking to help others in the same area. Who are you friendly with in the textile industry that I should be speaking with as well?” The key here is to develop a great relationship with your client to ensure that he/she is open to making these types of strategic introductions. Think about it this way. If you had the best dermatologist and someone had a nasty rash, wouldn’t you feel great making the introduction?

Another easy way to find the right specialty for you is by asking yourself, “What am I truly passionate about?”  If you care about something, it drives you to become more involved. For example, one of my clients is very passionate about animals and is now focusing on working with dog shelters and veterinarians.  She joined the shelter’s board and is routinely interacting with prospective clients for her practice. She is wowing them with her ability to solve problems and is routinely asked legal questions from the board members. These inquiries turn into business meetings and eventually new business.  She’s doing all of this without working harder than before as the new originations roll in. Finding a niche’ that you are passionate about can make your legal career much more meaningful and enjoyable. You will also have a greater chance of meeting prospective clients, as you will be interacting with them on a more regular basis.

#3. Find a space, where there is space.

Be aware of your market and niche’ and who else may already be there before committing to a specific specialty.  While you may have vast experience in commercial real estate for example, there may already be too many lawyers in that area to easily separate yourself from the pack. Do your research and try to find a segment of real estate that isn’t as fully saturated. It might also make sense to branch off into other areas of law to ensure you have your eggs in a few different baskets.

When the recession hit in 2008, many real estate lawyers were hit pretty hard. One of my clients saw this as an opportunity to study estate planning as a backup plan to real estate law. This ended up being a great fit as he was able to leverage his real estate clients and personal contacts to help set up estate plans for everyone he could.  Now that real estate is back, he has doubled his book by focusing on both specialties.

By studying the competition, understanding the marketplace and the amount of business generated in a particular area or niche’, you can better hedge your bets when selecting a specialty.

#4. Look to the future.

Earlier this year, I had the great pleasure of interviewing Jerry Maatman of Seyfarth Shaw to learn a little more about his successful practice. One of the key elements to his amazing achievements as an attorney came from his thirst for knowledge within his area of Labor and Employment. He voraciously read everything he could to better understand what was coming down the pipe to see how he could leverage it to build his practice. He describes in his interview, the 1992 legislation for the Americans with Disabilities Act and how he got ahead of the law to be seen as the premier expert on the subject. He effectively packaged a “Survival Guide” for companies to better deal with the changing laws and regularly spoke on the subject before anyone else. By being a forward thinker, he locked-in his success and was repeatedly hired as the expert on ADA law by some of the largest companies in America.

Developing a niche’ can be a game changer for you as a practicing attorney. For those who are worried about missing other business opportunities because of specializing, who’s to say you can’t take on new business in other areas? However, by focusing your outbound marketing on one thing, you’ll have the opportunity to build your brand name much more quickly than staying a generalist.  You need to have the experience, the passion, the space or the forward thinking that will allow you to become successful in specializing.

Article By Steve Fretzin of Sales Results, Inc.
Copyright @ 2015 Sales Results, Inc.

The 9 Top Habits of Successful Rainmakers, Part 3 of 3

The Rainmaker Institute

Working with more than 10,000 attorneys over the past dozen years has taught me a lot about what it takes to be a successful rainmaker. Some would argue you’re born with it; however, I believe many of these successful habits can be learned.

To read about the first six top habits of successful rainmakers, go here to access Part 1 and here to access Part 2. These are the final three:

7.  Incorporate Sales Into Daily Life

While personality is a key factor in successful selling, developing a sales mindset so that it permeates your daily activities is a key attribute for high-achieving rainmakers. These attorneys consistently:

Differentiate contracts from prospects. Listen for the signals that distinguish a real prospect from someone who is simply price shopping or worse (using you to obtain a lower fee from another lawyer).  Create a list of questions to disqualify contacts focusing on the criteria of “need, want, afford.”

Interview qualified prospects directly. Are you consistently talking directly to your prospects (versus their gatekeepers and time-wasters)? Make sure you are speaking to the real decision-maker.

Give prospects a call to action. Make sure each prospect receives one clear call to action. Make it easy for them to follow. Ask for their business!

Follow up. Have a process in place that will follow up with a thank you letter or e-mail within 24 hours of the interview. Be sure to end every interview with action steps (e.g., what each party agrees to do as next steps and when they will do it by). If you agree to do something, be sure to do it before the deadline.

8.  Answer the Question, Why Hire Us?

To be able to successfully pitch why you are the best choice, you must understand the problem the prospect sitting across from you is facing.  They are coming to you seeking a solution to a specific problem, which for you could be something you see every day, but for them are new and unique.

Don’t emphasize the kinds of services you offer, the quality of your services, the size of your law firm or your years of experience. What you need to tell prospects is the benefits they will get because they are doing business with you, the value you will provide them (value does NOT mean price) and theresults they can expect from the services you provide.

9.  Perfect the Close

One of the primary reasons that a company or person hires an attorney is to alleviate some type of “pain”. They may use words like “challenges”, “problems”, or “obstacles”, but all of the words amount to the same thing; they are experiencing discomfort; they are experiencing pain. Their “pain” is whatever they are asking your assistance with. Successfully closing a deal with a prospect relies upon your ability to identify their pain and effectively communicate how you will help them resolve it.

Some attorneys have a very bad habit of making clients feel stupid by using too many legal terms in conversation. Stay on your client’s level and always make sure they understood what you are trying to communicate.

In perfecting the close, great sales people:

  • Lead with benefits

  • Can articulate and add value to the conversation

  • Build credibility and trust

  • Are perceived as a trusted advisor

  • Identify a prospect’s wants and needs

  • Sell to the prospect’s goals

  • Focus on prospect’s gaps

  • Demonstrate how they will solve the prospect’s problems or needs

ARTICLE BY

Stephen Fairley
The Rainmaker Institute

Part 2: The 9 Top Habits of Successful Rainmakers

The Rainmaker Institute

Successful rainmakers consistently apply certain habits and characteristics to distinguish themselves from competitors and increase the revenues of their law firms.

Click here to read Part 1 for the first three top habits of successful rainmakers. Here are the next three:

4.  Mind and Grow Your Referral Network

Just like any cash crop, a referral network needs to be nurtured in order to grow. And one of the best ways to nurture your referral network is to keep educating them about your firm so they can send you great referrals.

Here are five things you need to tell them:

  1. What your perfect client looks like. Provide a detailed description of your ideal client.

  2. Why someone should hire you. Be clear about your unique competitive advantage.

  3. What problems you solve. Again, be as specific as possible.

  4. How you follow up. Tell them your process so they are comfortable with referring you.

  5. Why referrals are important to you.

In addition, you need to find unique ways to thank your referral sources and, whenever you can, reciprocate.

5.  Leverage Relationship Building Tools

Staying connected with referral sources and clients you want to hire you again and again is the hallmark of a great rainmaker.  In my experience over the dozen years of working with more than 10,00 attorneys, I’ve found one simple solution that will help you achieve this goal without much effort or expense on your part: an e-newsletter.

E-newsletters provide an easy way for you to reach out to your entire network at the same time and to keep your name and your firm in their mind. The key benefits include:

It Establishes a Dialogue – Most email marketing companies make it easy to provide links to email and social media. The easier you make it for a contact to share information, the more likely they will share it.

It’s Easy to Track – Your email marketing provider will make tracking your effectiveness simple. They know who opened your email, who opted out, who clicked through. It’s an easy way for you to find out if the newsletter is working.

Keeping Them Informed – With a newsletter, you can include information about other firm highlights you want to share. Did someone just get an award? Did a case just settle? Did someone new join the firm?

Keep in Touch – Use the newsletter to keep in touch with former clients. It will reinforce the positive impression you had on them and ensure that you are top of mind if a new issue arises.

Educate Your Clients – If you handled my divorce, then I may not think of you when it comes time to hire an estate planning attorney. That isn’t my fault though, it’s yours. Educate your past, current and future clients and referral sources about all your practice areas.

It is a long road of small interactions, but by focusing on creating a solid relationship with your network you will benefit in the end.

6.  Develop a Marketing Mindset

The Internet and social media has blown the old legal marketing model to bits, and those with the entrepreneurial mindset and vision to harness the incredible power of these modern marketing tools create their own opportunities for revenue and growth beyond their wildest dreams.

Be proactive to recognize opportunities for you and your network and keep the radar on in every aspect of your life. Marketing is not an event, it is a mindset and a lifestyle. Access every resource available to you — internal, external, memberships, friends, family, and colleagues.

ARTICLE BY

Stephen Fairley
The Rainmaker Institute

The 9 Top Habits of Successful Rainmakers, Part 1 of 3

The Rainmaker Institute

Successful rainmakers have certain habits and characteristics in common that drive them to greater levels of success. These habits and characteristics manifest themselves as key behaviors and specific actions, and understanding how to implement these actions on a consistent basis will distinguish you from your competitors and increase your revenues.

1.  Develop a Solid Personal Brand

rainmakerFor most attorneys, reputation is everything.  It used to be that attorneys gained their reputations primarily through word-of-mouth and personal interaction.  Today, building a reputation must contain an online element since this is where most people gather and interact.

A personal brand is the expression of your identity that answers the question of why clients should want to work with you. Having a niche is important in creating your personal brand. Plus, it is much easier to build your brand in a select niche than it is to stand out in a huge market like “attorneys”.   Even online, it’s important for you to niche your practice in an area that can provide living, breathing clients for your practice.

2.  Proactively Manage Digital Assets

What do prospects see when they type your name into a search engine? If it’s not much, that can often be as harmful as something negative. Here are some tips on managing your online reputation:

Update your website and social media profiles. Research shows that 76% of people searching for an attorney go online first, so your website and social media profiles are likely one of the first chances you will have to make a good first impression on a prospect. Be sure these are robust reflections of your expertise and the market you serve.

Create good, meaningful content. Wherever you are online – your law firm website, your blog, your social media networks – make sure you are creating and posting valuable and relevant content that your target prospects will find interesting and helpful.

Look and listen. Create a Google Alert for yourself and your firm so you can monitor what is being said. If you find something negative on a site that allows you to comment, do so professionally and unemotionally.

3.  Aggressively Build Contacts

Having a great contact list is key to being an effective rainmaker. While you may not realize it, you probably have more contacts than you think. Not only do you have all the contact information of the people you have done business with, you can look at your email contact addresses and also get the email addresses of those individuals you are connected with on LinkedIn. Right off the bat this will give you a bigger database then you thought.

You can also begin to speak, attend networking events or create Free Reports that motivate people to give you their contact information in order to get valuable information back.

In addition, any time you meet someone or someone calls your office, get their contact information so you can begin to communicate with them on a regular basis in a meaningful way.

To succeed at building contacts, you need to err on side of inclusivity in all your interactions. Be clear on your follow-up systems, maintain a process for adding new contacts and regularly review contact lists for updates.

ARTICLE BY

Stephen Fairley
The Rainmaker Institute

Law School Applicants Drop 50% in Last Decade; Class of 2010 Provides Insights Into Reason for Decline

The Rainmaker Institute

According to a report just released by the Law School Admission Council, the number of people applying for law school in the Fall of 2015 as of March 13 is less than half of the number of people who applied to an accredited law school for the Fall of 2005 — 41,136 vs. 95,800.

Another study just out from Ohio State University’s Michael E. Moritz College of Law professor Deborah Jones Merritt, who examined the job prospects for new lawyers admitted to the Ohio bar in 2010, reflects the stark realities facing recent law school grads:

  • Overall unemployment rate is 6.3%

  • 40% work for law firms

  • 20% currently work in jobs that require no law degree

  • Percentage of solo practitioners is up significantly from graduates a decade ago

This chart from Merritt’s report details the employment status for the Class of 2010 nine months and 55 months post-graduation:

law

Merritt found that many law school graduates might have difficulty finding legal work because of geographical constraints. She reports that two-thirds of the students seek bar admission in the state where they attended law school, and three-fourths stay within the same region as that school.

Gender also has a role to play, according to Merritt:

  • Men are more likely to work in private practice or business

  • Women are more likely to work in government, public interest and academia

  • Men outnumber women in solo and small firm practices

  • Four years after passing the bar, 58% of male lawyers were in private practice vs. 45% of female lawyers

This data may be welcome news to current practitioners who see the glut of graduates taking a toll on market rates for legal services and who struggle daily with increased competition. What’s your take?

ARTICLE BY

Stephen Fairley
The Rainmaker Institute

Traditional Law Firm Professional Development Models Obsolete?

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Law Firm, North Carolina

Most firm’s lawyer staffing model is not far removed from what might be called “traditional” or “old fashioned.” That means that they still hire most new lawyers immediately upon their graduation from law school, or judicial clerkships – and assume that when they join, they are not ready to practice law. We lawyers assume our new lawyers will learn by working with experienced lawyers (what the consultants call the “apprenticeship” model).

Depending on many variables, we assume that it takes four to seven years before most new lawyers become “stand-alone” professionals. We assume that in time our associates will become our partners and spend their careers as members of our firm. This model helps us to deliver a standard of client service that, we hope, sets us apart.

Are we obsolete? In a changing world, we hold to the conviction that our way remains the best: the best professional development model for lawyers who will become counsellors and advocates for clients facing the most difficult problems.

The greatest challenge to our model has come from high turnover among associates, which we attribute to demographics. Turnover among young lawyers at law firms generally is high, as apparently turnover is high for Millenials generally.

We believe that turnover at Brooks Pierce is lower than among our peers, but – at our size and in our practice niches – turnover (or, retention) is still a challenge, and it is expensive. We cannot ignore it.

Whaddaya gonna do?

We manage. Specifics (our not-so secrets) will come in posts to follow this one.

We believe that we have have continued to make the economics of the old model succeed, even in a time of high associate salaries – and on terms that are fair to our clients, yet work for us. That part is a story for another day.

ARTICLE BY

Edward C. Winslow III
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP

From Federal Prosecutor to Law Firm Life: A Conversation with Grant Fondo on Business Development Strategies when transitioning from Public Service to Private Practice

The National Law Review - Legal Analysis Expertly Written Quickly Found

The National Law Review recently had to the opportunity to attend Thomson Reuter’s Legal Executive Institute’s 22nd Annual Marketing Partner Forum in Rancho Palos Verdes, California where Grant Fondo, Partner at Goodwin Procter, LLP participated on the panel event: Coaching for Success: Collaboration between Marketing & Professional Development to Deliver Training that Drives Revenue. This Panel focused on the intersection between business and professional development, exploring the potential impact partnership efforts can have on business growth.

On this panel, Grant spoke from his experience concerning his transition from Federal Prosecutor and former Assistant US Attorney of the Northern District of California to his work at Goodwin Procter.

Post-conference, Grant was kind enough to answer our questions concerning his career trajectory and gave us some insight from his unique experiences in the legal world.  Below are his answers to the questions posed by NLR.

1.  What were the considerations you took into account when choosing a law firm to join?

I was looking for a firm that was a market leader in the technology and white collar practice areas, a firm that I thought was on an upward trajectory, a firm that understood Silicon Valley, and that was collegial and believed in a collaborative work place.  I have been fortunate to work in collaborative places before, and that type of environment is the best fit for me.

2.  What role, if any, has your firm’s business development and marketing staff had in helping you grow a book of business?

I started from ground zero, so I needed help. I still need help, as this is a long-term process and I am still working toward my goals.  The staff has had an important role from day one, both in the context of internal and external marketing.  They helped me quickly integrate with many of my partners nationwide in my practice group, as well as outside of it, and helped me feel like part of the firm.  Externally, they worked with me to train me to be better at marketing, focus on the marketing efforts I enjoyed, and presented me with opportunities.  They also acted as a sounding board for different marketing events, provided guidance to improve my ideas, and helped me execute on those ideas.

3. What role, if any, has speaking engagements and / or thought leadership, played in helping you stay front of mind with existing or potential clients?

It has helped, but it is time consuming.  You have to be thoughtful about what events you speak at, in that not all speaking opportunities and topics are created equal.  When I returned to private practice, I wanted to focus on marketing I enjoyed, and pass on areas I disliked and was not good at.  Thought leadership is an area that lends itself to that type of philosophy.  My experience as a former federal prosecutor helps in certain areas of the law that intersect well with Silicon Valley clients. For example, there is a lot of concern here with privacy and government intrusion into and demands for company and customer data. This past year we teamed up with clients to file an amicus brief in the landmark smart-phone privacy and 4th Amendment case of Riley v. California.   I enjoy spending time on areas that also hit home for clients.  It also permits you to reach out to a client to let them know about the latest development, or after a meeting is over discuss a topic that is important to them but not necessarily the focus of today’s meeting.  Sometimes they call back a few days later with something new or interesting.

4. How did you form and maintain relationships with potential and current clients?

My partners have been good about introducing me to clients that need my expertise, and letting me further develop those relationships.  When you connect with a client, you want to foster that relationship in a way that is not intrusive or pandering.  I am fortunate in that Goodwin has a really interesting client base doing pretty amazing things, so there is always something to talk about or learn from your client.  Building relationships is also about focusing on what your client wants and trying to understand their perspective–if they want three quick bullet points on a topic so they are armed for their meeting with the CEO, you don’t give them a three page memo five minutes before that meeting.  I also like to develop the relationship on a more personal level.  I love to go fly fishing, and I have a client or two that share that passion.  Simply swapping photos and stories once in a while is a lot of fun, and hopefully has the added benefit of keeping me top of mind.

5. Did you take any affirmative action to meet attorneys from other practice groups within the firm?  Has this been an effective in generating referrals or helping you transition to private law practice?

I believe this is probably the most important thing a new partner can do.  During my first year I took advantage of every opportunity to fly back to Goodwin’s East Coast offices to meet my partners from all practice groups, and I still try to do it.  I also made similar efforts in California.  Getting to know my partners and associates has helped me in a number of contexts.  First, it made me feel more a part of the firm on a professional and social level.  I want to enjoy going to work — I certainly spend a lot of time there, and this helps.  Second, as my partners got to know me, it made me more top of mind if an issue came up. Goodwin genuinely strives to be collaborative, so by making the effort to get to know my other partners, it has paid dividends in getting phone calls about new matters or interesting cases.  Third, it allowed me to respond to client inquiries when I was not the right person.  Recently a client called me, and I was able to immediately direct him to my partner in another office with the needed expertise, because I had had gotten to know him during one of my trips back East.

6. Is there anything different you wish you had done earlier in your legal career to help you with practice today?

I wish I had become a federal prosecutor earlier.  It was an honor doing public service; I learned so much about being a lawyer, particularly a trial lawyer, and working as a team for a common goal.  I was fortunate in that I worked with a lot of really good prosecutors that were willing to share their time and knowledge.  I also wished I had focused my marketing efforts, rather than haphazardly engaged in marketing activities. I look back and realize I wasted a lot of time doing things that I did not enjoy and were ineffective.  I also wish I had made a better effort to keep in touch with people whom I genuinely enjoyed working with over the years.

7.  What are the advantages / disadvantages of working in a prosecutor role vs. in a private practice defense attorney role?

When I was a federal prosecutor, people immediately returned my calls.  There is no shortage of criminals, so I always knew I would have a new case next month.  Another benefit is you have the luxury of spending as much time as you want on a case, without worrying about bills.  In private practice, you are always thinking about your next case, and constantly balancing quality legal work with efficiency.  Also, when you represent a company or individual, government inquiries and prosecutions are immensely personal and unsettling, so there is more of a human element that factors into your representation.  I do think it helps to have been a prosecutor, because you can provide your client insight into how the process works, and the likely viewpoint of the prosecutor or regulator.  One disadvantage is the level of interest in what I do.  When I was a prosecutor, my friends and colleagues always asked what type of case I was working on, and what the criminals were up to—Ponzi schemes and drug cases are inherently interesting to most people.  Similarly, my kids thought I was pretty cool because I worked with federal agents with guns, met the President, and put bad guys away.  Now, my friends and kids rarely ask me what type of case I am working on.

ARTICLE BY

Eilene Spear
OF
The National Law Review / The National Law Forum LLC

APPLY NOW: Government of District of Columbia Now Hiring: Supervisory Attorney Advisor (Deputy General Counsel)

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

                                                                                                            

The District of Columbia’s Department of General Services is seeking candidates for the Supervisory Attorney Advisor (Deputy General Counsel) position. The Deputy General Counsel will specifically provide management and support in the following areas: real estate transactions, leasing, real estate portfolio management, energy, sustainability and green initiatives and other agency operational issues as needed. The Deputy General Counsel reports to the General Counsel and will supervise at least two other attorneys.

The incumbent of this position will provide legal counsel and support to DGS in the following activities:

  • negotiating and preparing commercial leases and other real estate documents—rights of entry, license agreements, etc.;
  • handling real estate transactions;
  • providing legal support for lease administration, including preparing amendments, work agreements, estoppels, SNDA’s, extension requests, termination notices, default notices;
  • providing litigation support;
  • advising the agency in matters related to energy, sustainability and green initiatives; and
  • providing assistance, as needed, in all operational areas of the agency including: contracts, procurement, facility management, security services and human resources.

A successful candidate must:

  • have a law degree;
  • be a member of the District of Columbia Bar Association or eligible for waiver into the bar. If selected and not a member of the District of Columbia Bar, he/she must apply for membership and show proof of such prior to the commencement of employment.
  • have at least 10 years of experience in the following areas: local government, real estate, leasing and/or procurement law.
  • have the skill and ability to gather, develop, evaluate and analyze investigative information from a variety of sources to determine compliance with District government and federal statutes, rules and regulations.
  • have experience in negotiating, drafting and reviewing commercial real estate documents including drafting of commercial leases and land purchase and acquisition contracts.

How to Apply:

Applications for this vacancy must be submitted online at www.dchr.dc.gov for consideration. When completing applications, candidates submit resume and respond to specific ranking factors that will be used in the evaluation process. In responding to the ranking factors, please describe specific incidents of sustained achievements from your experience that show evidence of the level at which you are applying. You may refer to any experience, education, training, awards, outside abilities described in ranking factors. The information given in response to the ranking factors should be complete and accurate to the best of your knowledge, FAILURE TO RESPOND TO ALL RANKING FACTORS WILL ELIMINATE YOU FROM CONSIDERATION.

Deadline: Closing date for the vacancy announcements until 11:59 pm on December 12, 2014. 

Contact Information: All inquiries related to employment and job applications should be directed HR Answers, (202)442-9700—please reference agency (DGS) and vacancy number (26253).

  

2000 14th St. NW, 8th Floor  Washington DC 20009  |Telephone (202) 727.2800 | Fax (202) 727-7283