Legal Technology Archives - Page 3 of 9

Legal News and Updates for January 2020: Law Firm Moves, Legal Industry Trends

Law firms and the businesses that surround them have hit the ground running in 2020, with tons of announcements, big moves by law firms and innovation across the entire field. Read on for a small taste of some of the exciting developments in the legal industry.

Hiring and Law Firm Moves

Patent preparation and prosecution law firm, Harrity & Harrity, LLP recently announced the firm had added four new patent attorneys: Joseph Lentivech, Patrick Hansen, McCord Rayburn, and Bret Tingey; as well as two new law clerks: Sara Ko and Abigail Troy.

Joseph Lentivech is based in Mobile, Alabama, and returns to Harrity & Harrity to practice after his service as an Administrative Patent Judge at the United States Patent Trademark Office (USPTO). His practice focuses on the prosecution of patent applications in electrical and computer technologies, encompassing telecommunications and computer hardware and software. Patrick Hansen will be based in the Raleigh office, and has experience representing petitioners and patent owners in post-grant proceedings, with specialization in patent applications for electrical, computer and mechanical technologies. McCord Rayburn has international patent experience, coordinating inbound national state patent application filings for foreign corporations, and he will work out of the law firm’s Charlotte office. Bret Tingey focuses on patent preparation and prosecution in mechanical and electrical technology, with extensive experience writing memos and briefs in IP litigation–including some submitted to the US Supreme Court–and he will be based in Raleigh. Law Clerks Sora Ko and Abigail Troy both have experience in patent preparation and prosecution before the USPTO and will work out of Harrity & Harrity’s DC office.

Paul Harritiy, a partner in the firm, called the group “superstars” and says, “we are excited for this group to join our team and assist the firm in continuing to provide excellent customer service to our Patent 300 clients.”

Lipson Neilson started off 2020 by announcing it has added nationally-recognized Surety & Fidelity Law attorneys Phillip G. Alber, Jeffrey M. Frank, Omar J. Harb, and Jessica L. Wynn, all four previously with Alber Frank PC law firm. Alber will head up a new Lipson Neilson office in Grosse Pointe, Michigan, and Frank, Harb and Wynn will be based in the firm’s Bloomfield Hills, Michigan office.

Jeffrey Neilson, a co-founder of the firm, says, “They’re a tremendous and immediate asset to our firm in the area of Surety & Fidelity Law and bring significant expertise in other areas of law and litigation as well. I think their decision to move to Lipson Neilson is a good indication of our reputation, our work and our culture.”

In a move that will strengthen the firm’s healthcare and corporate practices, Manatt announced that Paul A. Carr-Rollitt has joined as a healthcare partner in the Los Angeles office. Carr-Rollitt focuses his practice on corporate healthcare concerns, and his healthcare transaction experience includes mergers and acquisitions, joint ventures, reorganizations, affiliations, public offerings, and private equity transactions. His practice includes advising non-traditional and traditional health care entities, and his advice is legal, business-oriented, and incorporates strategy as well as policy concerns. Bill Bernstein, the leader of Manatt Health, calls Carr-Rollitt a “perfect fit” with Manatt’s growing practice. Bernstein says, “He brings with him an excellent roster of clients and has a national healthcare practice, which encompasses both payers and providers.”

On his end, Carr-Rollitt says Manatt’s blending of strategy with legal advice is an approach he’s always appreciated. “I am excited to be part of a firm that has a strong understanding of and commitment to the future of the healthcare industry and to work with some of the most forward-thinking professionals from coast to coast,” he says.

Last week, Katten announced that Mitchel C. Pahl has joined its Employee Benefits and Executive Compensation practice as a partner in the New York office. Pahl’s practice concentrates on employee benefits and executive compensation in private and public company M&A’s. He has also been involved in high-profile corporate transactions in a variety of industries including real estate, health care, and financial services. Additionally, he has advised clients on the operation and design of qualified retirement plans, equity incentive plans, and other compensation arrangements, as well as on negotiating executive employment agreements and separation packages.

Kate Ulrich Saracene, Katten partner and leader of the firm’s Employee Benefits and Executive Compensation practice, praises Pahl’s decades of experience across complex transactions. “Mitch also brings new capabilities to Katten with his focus on qualified retirement plans, benefit plans for non-profits and experience working with ESOPs,” says Saracene. “With the addition of Mitch, we’ve achieved our goal of building a full-service employee benefits and executive compensation practice, able to advise any type of client on any type of plan or transaction.”

Cornerstone Research started off 2020 by naming Dr. Yesim C. Richardson as President. In a departure for the organization, Richardson will share leadership with CEO Rahul Guha, who also took on his role on January 1, 2020. The duo succeeds Michael E. Burton, who had served in both roles since July of 2014.

Yesim Richardson Cornerstone Research — Yesim Richardson

After a period of succession planning, the organization decided it made the most sense to divide the responsibilities of the CEO and President, and have two individuals fill those roles instead of combining them. “At this stage in our history,” says Dr. Guha, “we believe splitting the CEO and president responsibilities ensures the most effective leadership structure for our future.” Prior to her appointment as President, Dr. Richardson served on Cornerstone Research’s board of directors, and has been active on firm governance committees. In her new role as president, she will focus on talent strategies and service delivery, and continue to consult and support Cornerstone Research experts on litigation matters and other consulting questions. “Cornerstone Research has always lived its values . . .we have been guided by our commitment to deliver top-quality work to our clients, provide exceptional support to our experts, and develop pathways to leadership for our outstanding staff,” says Richardson. “We have enhanced the way we run the firm to support this commitment even more fully. I am proud and grateful to partner with Rahul as we look ahead to the continued growth and success of this extraordinary company.”

Porter Wright announced last week that Deb Boiarsky was promoted into the firm’s Chief Operating Partner position. This development comes after the firm has grown, with two new offices and a 30-percent partner increase across the firm. Boiarsky focuses her practice on employee benefits–specifically ERISA and IRS compliance–but in her role as the Chief Operating Partner, she will work with firm leadership to oversee day to day operations at the firm with an eye towards strategy and securing firm growth and development. Bob Tannous, managing partner of Porter Wright and the former Chief Operating Partner, indicates that a business mentality is key to success in this role. “Deb is known for being measured and considerate,” he points out, “and for fostering strong relationships in and outside of the firm.”

Law Firm Innovation and Developments

Kluk Farber, a female-founded law firm in New York and Los Angeles, has partnered with Vivvi Early Learning, a provider of employer-sponsored on and near-site child care, to provide children aged six weeks to five years access to near-site back-up care. Vivvi has worked in a variety of industries with employers to provide childcare for employees, including hospitality, media, and advertising. Partnering with companies who understand childcare is a major pain point for their employees, and their solution can increase employee morale while lowering turnover and absenteeism.

Kluk Farber, already a progressive leader in the legal industry for providing flex-time and supporting work-life balance, entered into this partnership acknowledging that the way child care is traditionally set up is not ideal for working families. “Being a female in law is not an easy feat to begin with, but having a family and achieving work-life integration? That’s nearly impossible,” she says. “We learned of Vivvi’s transformational work through the NYC female founder community, and knew instantly that it was a resource we needed to integrate immediately.”

Norton Rose Fulbright advised on the development and implementation of the world’s first consumer-ready digital fiat currency, assisting NZIA Limited to create the currency for the Central Bank of the Bahamas. The currency, known as “Sand Dollars” is a central bank digital currency_or CBDC–and is part of Project Sand Dollar. Sand Dollars will be issued by the state’s central bank, and are the same as legal tender, backed by the government and used by the public. The currency went live in digital wallets in December of 2019 and was used locally immediately after, as local businesses were onboarded through banks and other financial institutions. Now, the sand dollars are basically, legally, the same as cash.

The Bahamas was one of the first areas to develop a CBDC, and the island nation will benefit in a variety of ways; including inclusion in the financial system of unbanked and improved expenditure and tax systems. Norton Rose Fulbright Vancouver-based partner, John Kim, commented: “The innovative nature of Project Sand Dollar required us to provide equally innovative solutions to our client. Our input resulted in a system that would not only meet the requirements of current financial and regulatory regimes but actually leverage them to provide a CBDC solution that enables people to conduct more secure and instant transactions.”

Fortis Law Partners will now offer legal guidance on estate planning practice, assisting clients with asset-protection strategies, gift planning, and tax reduction. Paige K. Justus, a senior corporate associate with the firm, will head the practice, which will also assist clients with wealth protection strategies, wills, living trusts, powers of attorney, guardian designations for minor children and healthcare declarations. Along with individual estate planning strategies, the estate planning practice group will work with nonprofits desirous of obtaining tax-exempt status assistance.

Legal Technology and Industry Developments

Embroker, Inc, a digital insurance company, announced the Lawyers’ Professional Liability platform, ideal for both large and small law practices. This platform allows law firms across a variety of sizes to secure and enroll in legal malpractice insurance quickly, efficiently and affordably.

Embroker CEO Matt Miller says the new Embroker platform can leverage technology to improve a traditionally onerous process. “They [attorneys] only have to spend a few minutes on each year and receive a quote from an A+ rated insurance provider,” Miller says. “By leveraging Embroker technology, our overhead is less intensive than the traditional decades-old model, and we are also able to provide lower rates that are going to be very attractive.”

Embroker will target law firms with 1-10 attorneys nationally, as these are traditionally most impacted by the onerous process of purchasing malpractice insurance without large staffs. The platform is currently available in 31 states, with approval pending in other states as the product is offered nationwide.

Lex Mundi recently released its Global M&A Trends Report, featuring insights from almost 70 Lex Mundi member firms from all over the world. Each of these firms shared insights on mergers and acquisitions within their purview, focusing on key concerns facing M&A practitioners, deal activity by segment, and 2020 predictions. The report indicated that due diligence and deal structure rank highly, with 18% and 14% of member firms respectively ranking those issues as major areas of concern. Matters of cybersecurity and data privacy are spurring concerns in due diligence, as buyer companies are working to mitigate risk across cyber, anti-corruption, and data privacy.

Despite global disruptions such as trade wars, Brexit, and economic instability, the majority of Lex Mundi Member firms (as much as 60%) indicated they expected M&A activity to remain the same in 2020; with the top industries such as energy and power, financial services, manufacturing, technology, healthcare, and life sciences seeing heavy activity.

Last week Jennifer Schaller moderated a panel at the 27th Annual Marketing Partner Forum in Miami, Florida on Client Journey Mapping for Law Firms. In conjunction with the discussion on Client Journey Mapping, the National Law Review is conducting a survey on elements of client journey mapping, and we will be analyzing and writing up the results. The survey is still open, so please consider taking a few minutes to add your insights. All responses are completely confidential.

That’s it for now. More to come as 2020 progresses!

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC.

For more legal industry news, see the Law Office Management section of the National Law Review.

Legal Industry Trends for November 2019: Law Firm News, Diversity Awards and Legal Technology Updates

As we march on to the end of 2019 and into the holiday season, the legal industry continues to buzz with constant development and innovation. Read on to learn about a few of the highlights happening in law firms across the United States, legal technology developments that are changing the way law is practiced, and things to anticipate in 2020.

Law Firm Developments, Hires and Moves

Buchalter recently announced the formation of a new Cannabis & Hemp Industry Law Group This, in many ways, is formalizing a group that has been operating for several years. In 2013, it all began when a client of the firm was tasked with operating a medical cannabis collective. Since then, the group has expanded to over 100 clients in the industry utilizing over twenty-five lawyers across each of its practice groups, demonstrating the broad reach of the cannabis industry. Building on those early experiences, Buchalter’s Cannabis & Hemp Industry law group will assist businesses in the industry across a variety of areas, including intellectual property, tax, real estate and financing. Oren Bitan, Shareholder in the LA office will co-chair the group with Martin P. Florman, Managing Shareholder of the Orange County office. Florman says, “We anticipate significant growth of this industry over the next decade while we continue to offer clients unparalleled expertise in distressed assets, banking and the Bank Secrecy Act, and real estate related concerns in this rapidly evolving industry.”

Davis Graham & Stubbs LLP, in Denver, Colorado announced the addition of four associates Omeed M. Azmoudeh (Trial Department); Stephanie Block-Guedez (Finance & Acquisitions Department); Molly Kokesh (Trial Department); and Rob McCary (Finance & Acquisitions Department). These additions will bolster the firm’s litigation and finance and acquisitions department, and two of the associates, Azmoudeh and McCary, were formerly summer associates at the firm.

Jeff Cody Norton Rose Fulbright — Jeff Cody of Norton Rose Fulbright

Norton Rose & Fulbright recently announced the election of Jeff Cody as its U.S. Managing Partner, effective Jan. 1, 2020. Cody will also serve as Chair of the U.S. Management Committee. The outgoing managing partner, Daryl Lansdale, says: “Jeff has a passion for our firm, its people and our clients. Our partnership has the utmost confidence in Jeff to provide leadership and vision during a time of change and innovation in the legal profession.”

Cody has been a partner with the firm since 2001, and is based in Norton Rose’s Dallas office. He has significant experience in complex commercial disputes in healthcare, financial and information technology industries; specifically healthcare reimbursement matters, complex stock and asset purchase and sale agreements, and information systems development projects. Cody: “I am proud and honored to be entrusted by my partners with this leadership responsibility. I am confident in the firm and optimistic about our future in this dynamic legal landscape. With leading lawyers across the U.S. and around the world, we stand committed to delivering a superior client experience with high-quality and high-value legal advice.”

Manatt, Phelps & Phillips, LLP announced that digital health regulatory advisor Yarmela Pavlovic will join the firm as a partner in its Health and Digital and Technology Groups. Yarmela has extensive experience working with digital health, software as a medical device and assisting life sciences companies as they navigate the FDA approval process. Lisa Suennen, who leads Manatt’s Digital and Technology practice, says: “Healthcare products and services companies at the intersection of technology and health are facing increasingly complex and rapidly changing regulatory processes, requiring expert counsel to plan and engage with the regulatory bodies that make it possible for high-quality health innovations to come to market. Yarmela’s experience will be a tremendous value-add to our already significant capabilities in the digital realm.” Pavlovic, who describes her work as “a mix of legal and consulting” is excited to join Manatt, and says: “Manatt is the ideal next step in the growth of my practice and will help me provide an even wider array of capabilities to both startups and large companies that engage with the FDA.”

Calfee, Halter & Griswold LLP recently announced the hiring of Phillip A. Casey to co-chair Calfee’s Public Utility Regulatory practice group. Casey has more than 25 years of experience in energy law focusing on public utilities, both in house and within a law firm. His experience includes economic regulatory matters, corporate governance, new entrant certification, and regulatory strategies across jurisdictions. Additionally, he has incident response experience and major litigation management in this field. Casey calls Calfee’s energy practice “an incredibly talented group of experienced attorneys” and he says, “I look forward to demonstrating Calfee’s capabilities and leadership beyond Ohio and throughout the Midwest in this new role.”

Law Firm Awards, Recognition and Achievements

Benchmark Litigation, designed to feed the need for specialized study in the labor and employment practice area, provides rankings based on law firm questionnaires, peer review interviews and client reviews. The publication recently announced its second annual Labor and Employment guide and included three attorneys from Ward & Smith as “Labor and Employment” Stars: Ken Gray, Will Oden, and Devon Williams. Oden and Williams lead the firm’s Workplace Safety and Health Practice and the firm’s Labor and Employment practice, respectively. Gray focuses his practice on employment-related litigation, advising clients from start-ups to Fortune 500 companies on breach of employment contracts, employment discrimination and wrongful discharge matters.

Ballard Spahr was recently named the “Law Firm of the Year” recognition for Litigation – First Amendment in 2020 Best Law Firms by U.S. News & World Report. This was on top of the 25 National Tier 1 rankings the firm achieved across a variety of areas, and especially noteworthy as only one law firm per legal practice earns that designation. Firm Chair Mark Stewart sees the award rankings as evidence of the success of the firm’s efforts to grow nationally in depth and experience. Stewart: “By executing our plan to expand thoughtfully and strategically, and keeping our focus on legal excellence and client value, we are serving more clients better than ever before.”

Jeff White Robinson Cole — Jeff White of Robinson Cole

Jeff White of Robinson Cole was recently named a “New England Trailblazer” in the inaugural list by Law.com and Connecticut Law Tribune for demonstrating an ability to “move the needle in the legal industry.” White, the chair of Robinson Cole’s Manufacturing Industry Practice, has significant experience on national and international issues related to the manufacturing industry, and this recognition is further evidence of his understanding of the challenges and need for change in some areas facing the industry. White: “With technological advances driving the boom in manufacturing, we need to continue to innovate in the kinds of things we’re focusing on. Our job as lawyers is to stay on top of these developments, because they’re going to have major implications that manufacturers deal with going forward.”

Under White’s leadership of Robinson Cole’s Manufacturing practice group, the group has risen to prominence as a leader in the field. One of his signature achievements was the creation of the Manufacturing Law Blog, which focuses on issues related to manufacturing rather than casting a wider, more business in general, net. In further recognition of his leadership in the manufacturing industry, in May of 2019 Robinson+Cole was recognized with the President’s “E” Award for Export Service by the United States Secretary of Commerce. The “E” award, established by President John F. Kennedy in 1961 is the highest recognition any U.S. entity can receive for making a significant contribution to the expansion of U.S. exports. Robinson+Cole was the only law firm in the country to receive the honor in 2019.

Law Firm Diversity Recognition

The law firm of Bryan Cave Leighton Paisner was recognized for its long-standing commitment to diversity by the Leadership Council on Legal Diversity, or LCLD. The organization named the firm a 2019 Top Performer and a 2019 Compass Award winner, one of only 21 member organizations that earned both designations this year. The awards indicate a participation in the organization’s programs, such as the Fellows and Pathfinder programs, as well as at least one pipeline program (Mentoring or 1L Scholars).

Bryan Cave is a long-standing member of LCLD, having been a member since the organization began. BCLP participates in the organization’s Fellows and Pathfinder programs, as well as the 1L LCLD Scholars Program and the LCLD Success in Law School Mentoring Program. The recognition came recently at LCLD’s Annual Meeting in Washington, D.C.

In more good news about legal industry diversity, the Diversity and Flexibility Alliance recognized fifty-one law firms for having a partner class in 2019 comprised of 50% or more female partners. These firms “tipped the scales” and were identified in the New Partner Report. The Report, a compilation of publicly available information and reported sources, revealed that 41.3 percent of new partners in 138 major U.S. law firms in 2019 were women, an increase of just over 2% from 2018. As well as the annual increase, the New Partner Report showed that women promoted to partnership is on an upswing overall, with an 8.1% increase since 2012, and more firms across the board are promoting partner classes that are more than 50% women, showing a trend towards “tipping the scales.” Click here for a full list of firms that were recognized for their 2019 Partner Class.

Law Firm Accomplishments and Deals

Sherin and Lodgen’s Renewable Energy Team represented Cambridge Savings Bank in developing a portfolio construction bridge and term loan for three ground-mounted solar facilities in Massachusetts. The project, built by Kearsarge Energy, will generate 8.8 MW of energy and features a 1.6 MW advanced technology battery storage component and will be one of the first to be implemented under the SMART program. The battery storage component is especially exciting, as industry analysts think this type of storage has the power to transform the renewable energy development and distribution in the near future. Sherin and Lodgen’s renewable team was led by Bethany A. Bartlett, renewable energy chair, and Colleen V. Collins, of counsel, and Tyler N. Ballew, and included syndicate partners Eastern Bank and Middlesex Savings Bank.

Global law firm DLA Piper represented SunTrust Robinson Humphrey and SunTrust Bank in closing of U.S. $60 million credit facility for Electric Entertainment. Electric Entertainment is a LA based production company founded by Dean Devlin. Devlin is a well-known producer, whose credits include films such as Stargate and Independence Day, and television series like The Librarian and Leverage. The credit facility will finance upcoming projects on WGN and the CW, and develop other film and television projects. The DLA Piper team representing SunTrust Robinson Humphrey and SunTrust Bank was led by partner Tom Ara, co-chair of the firm’s Entertainment Transactions and Finance practices, and included partner Afshin Beyzaee and associates Greg Young, Payvand Coyle and Rahul Sajnani (all of Los Angeles).

Looking at Pro-Bono work, during National Pro Bono Week in the United Kingdom, and Hogan Lovells ranked number one in Legal Week’s survey for the firm’s pro bono efforts in the UK. The firm did a total of 27,704 pro bono hours in the UK for 2018, and the publication also recognized the firm’s contribution to a variety of projects, including the Westminster and London Bridge inquests. Yasmin Waljee, International Pro Bono Director of Hogan Lovells called the recognition “fantastic.” She said: ” It is not the hours of pro bono that matter but the remarkable impact of the work undertaken by all the firms listed and those that were not.”

Legal Industry Trends, Research and Upcoming Events

Legal Technology company InCloudCounsel announced two new software automation enhancements powered by proprietary research in AI and machine learning. The developments are an Automated initial contract review; that automatically scans and flags clauses that conflict with negotiation requirements, helping to ease the negotiation stage and expedite the review process. The next piece comes into play when negotiation is finished–an AI-powered scorecard creates an abstract summary of key terms in the agreement, scanning the final agreement identifying the key terms in the common clauses. These tools were developed with InCloudCounsel’s proprietary technology, and assist attorneys in working more efficiently and accurately, maximizing their efforts to deliver legal services to their clients.

Hadayat Seddiqi, led the innovation process in his role as director of machine learning at InCloudCounsel. Hadayat’s resume includes work on space exploration robots at NASA, quantum computing at the Department of Energy and DNA sequencing software with a biotech startup. He says, “Our artificial intelligence models bring valuable tools to a field that historically has been very difficult to build similar solutions for. Our models are understanding increasingly complex abstract language and concepts – allowing our proprietary AI to automate a growing number of narrow tasks.”

The Legal Marketing Association released its agenda for the organization’s annual meeting in Denver, Colorado on March 25 -March 27, 2020. The committee putting the conference together, led by Kristen Bateman Leis of Parker Poe and Jonathan Mattson of BakerHostetler LLP, have put together an agenda focused around the organization’s body of knowledge, with an emphasis on wellness and mental health. The keynote speaker, Baratunde Thurston, a comedian, writer and cultural critic whose resume includes work with the satirical Onion, advisor to the Obama White House and work on The Daily Show with Trevor Noah.

Future Marketing Insights recently released a new intelligence report, projecting that legal transcription investments will increase, and those investments will focus on automation of legal transcription services. The demand for legal transcription solutions is global, and accounts for revenues worth 3 billion, indicated by the FMI insights report. This is anticipated to grow at a Compound annual growth rate of ~6% for the next ten years. The report indicated a heavy investment in legal tech startups in Asia Pacific, driving innovation. Additionally, new and improved Automation and Machine Learning technologies, coupled with Natural Language Processing are expected to fuel growth. Challenges include diverse pricing models and legal formats, and customers are demanding predictability and pricing consistency. The market is fragmented and major players are still jockeying for regional dominance–and focusing on innovation, to make the most of the technologies available.

That’s what we’ve got for now. Stay warm and enjoy the upcoming Holiday Season!

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC.

For more recent law firm news see the National Law Review Law Office Management page.

Two Ways Technology Has Changed How Lawyers Practice

Technology has changed all of our day-to-day lives. It also has impacted how lawyers practice. While having the internet at our fingertips is a convenience for most of us, it can cause headaches for judges and lawyers when jurors use the internet during trial to post or search online about the case. This means that lawyers must be more tech-competent than ever before. Here are two ways that technology has changed how lawyers practice:

Litigants Face the Challenge of Jurors’ Social Media and Internet Use

Imagine years of preparation, costly investigations, and hundreds or thousands of hours of work by attorneys and clients being shattered in a moment by a juror’s single click on his or her phone, tablet, or computer. Whether by posting 280 characters on Twitter discussing deliberations or punching a few words into Google to search for more information on a legal concept or a fact central to a case, jurors have the power to radically disrupt the judicial process at their fingertips.

Jurors’ use of the internet and social media during trial and deliberations can create a real toll on lawyers, litigants, and the judiciary. In fact, online activity by jurors recently has led to a mistrial in a $13 million police shooting case, a thrown-out fraud conviction, and a potential retrial for a notorious drug lord.

Judges often employ explicit instructions and the threat of contempt to dissuade jurors from googling the parties or trial lawyers, conducting independent research online, or posting about the trial or their deliberations on social media. Many then hold jurors in contempt when they deliberately disobey instructions. Judges have fined jurors anywhere from $500 to $1,200 for their online activity that disrupts a trial or verdict, and some states have flirted with legislation to increase penalties. In the United Kingdom, judges may jail jurors based on their internet use, in one case for two months when a juror googled additional information about the victims in a fraud case and shared it with fellow jurors.

Because more than 80 percent of Americans own smart phones and the average American spends at least 3 hours a day online, it is a tall order to prevent jurors from googling or tweeting. As a result, attorneys should vigorously monitor jurors’ social media from voir dire through the final verdict. As noted below, it even may be part of attorneys’ professional duty of competence to ensure that they are keeping a close eye on jurors’ Twitter feeds.

Attorneys Must Be More Tech-Competent Than Before

Lawyers also must keep up with other technological changes that impact the practice of law.

Under the Model Rules of Professional Conduct promulgated by the American Bar Association (ABA), a version of which has been adopted in 49 states, lawyers have a duty to provide competent representation to their clients and to maintain the knowledge and skills that their practice requires. In 2012, the ABA took the significant step of formally updating the rule to clarify that lawyers also have a duty to be competent in technology.

The new comment to the rules states that, “to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Since that change, 37 states have adopted the ABA’s Duty of Technology Competence as part of their version of the Rules of Professional Conduct, including Illinois, Michigan, New York, and Texas.

While the duty is clear, it’s not clear just what technology the rule refers to. While most agree that the duty includes basic competence in everyday technologies like e-mail and Microsoft Office, it has been left to individual jurisdictions and professional organizations to provide further guidance.

For example, the New York City Bar Association has suggested that attorneys have an affirmative duty to research potential jurors’ public social media information (see New York City Bar Association Formal Opinion 2012-02). While the research can help identify biases harmful to a client’s interests, lawyers must carefully avoid any direct contact with potential jurors online (via message or friend request) lest they violate other ethical rules. Juror consulting firms have stepped in with advanced tools to search and compile potential juror’s publicly available posts. But the onus is ultimately on the lawyer to ensure they are protecting their client’s interests by doing all they can to identify biased jurors.

Further, the duty of technology competence may affect an attorney’s obligation to protect clients’ confidential information from cybersecurity risk and to use appropriate electronic discovery practices and technology. These duties were at the center of a recent data breach, where lawyers disclosed confidential customer information in an e-discovery production because the lawyer did not understand the review process or the scope of the third-party vendor’s work. Further, in California, a state that has not adopted the ABA’s Duty of Technology Competence, the state bar has issued an ethics opinion stating that an attorney’s duty of competence requires, “at a minimum, a basic understanding of, and facility with, issues related to e-discovery.”

As technology continues to change at a rapid pace and impact the practice of law, clients will expect their lawyers to pay attention. To that end, lawyers must be competent in a range of technologies directly related to the practice of law.

These are just some of the most notable ways that technology is changing the practice of law. As technology continues to advance, the practice will continue to evolve with it. Lawyers should – and may be ethically obligated – to stay abreast of and develop competence in these technologies.

ARTICLE BY Chris Gerardi and Jeffrey Skinner of Schiff Hardin LLP.

For more on legal field developments, see the National Law Review Law Office Management page.

An Introduction to Digital Marketing Analytics for Law Firms

Analytics is the science behind the art of digital marketing and is an invaluable part of any law firm’s marketing strategy. Digital analytics can provide a wealth of information that not only tells you how effective your digital channels are, but if analyzed properly, can provide fact-based information that can help identify prospect behavior and needs. Legal marketers must be familiar with the proper web analytics tools to be able to capture and interpret the performance of their website but must also be able to go beyond their website to properly assess the performance and return of their digital marketing efforts. In this article we discuss how law firms can merge web analytics and digital marketing analytics to improve the overall performance of their online marketing efforts.

Why Marketing Analytics Matter

To benefit from your marketing analytics, you must understand why they are important. Analytics enables you to measure, analyze, and manage the performance of your digital marketing strategy in real time. Legal marketers can leverage analytics to pinpoint problems and uncover areas of opportunity and potential growth. Knowing which digital marketing analytics are important to your bottom line will help you stay focused on the metrics that matter.

Why You Need to Measure Your Efforts

Your analytics should always include a measurement of your efforts. This is for one simple reason, sustainability. Essentially, you want to ensure that your marketing efforts are contributing to the growth of your firm and producing a positive return on investment (ROI). By learning to create custom reports and glean actionable insights that actually matter to your firm, you can begin to make data-driven decisions and strengthen your marketing strategy. At any point during your campaign, you can apply the data to tweak or remove tactics that are not producing the desired return. By effectively leveraging data intelligence, you will build a more insightful and effective marketing plan. The good news is that the process of tracking digital marketing has become very straightforward. Your chosen marketing tool probably has analytics built-in, helping you measure your efforts.

Web Analytics Can Measure Those Efforts

Supplementing the built-in analytics with your marketing analytics is simple. Numerous websites offer web analytics tools, with Google Analytics being among the most famous and most popular. The most attractive reason to use Google Analytics is that it’s free! Google Analytics will show you the number of views and visits to your website, where those visitors come from and what pages they are looking at. This information enables you to easily see how your website is performing in real-time. Google Analytics will even allow you to organize and track website data across all devices – smart phones, tablets, computers and even smart TVs. To learn how to create a custom Google Analytics report, checkout this blog post.

Using KPIs

Evaluation of your efforts will come down to KPIs or Key Performance Indicators. You choose these criteria as measurements to demonstrate how effective your marketing strategies are at achieving your key business objectives. As such, they let you see if you are meeting your business goals, whether they are brand awareness or lead generation. Your marketing plan should include the KPIs that most closely meet your specific business objectives. Consider the following KPIs, as they are the most important for optimizing your campaigns:

Qualifies leads: This KPI lets you confirm that your campaign is generating qualified leads for your law firm
Cost Per Conversion: This metric allows you to evaluate how much you pay for each conversion to help you confirm that your marketing expenses are worth the expenditure.
Online Marketing Return on Investment: It should go without saying that your return on investment will let you know whether your efforts are worth it.
Form Conversion Rates: Form conversion rates help you determine how well your content marketing drives people to your law firm’s website and encourages them to take action. You can even use the combination of data from the forms and the form conversion rates to develop strategies that boost conversions.
Reach and share of voice on Social Media: Don’t forget to consider the conversions that you get from social media as one of your KPIs. This lets you determine which social media network is the best for you so that you can concentrate your efforts for the best ROI.

Takeaway

As a legal marketer, you must understand the impact of your marketing efforts through the effective use of digital marketing analytics and web analytics. Applying data intelligence is invaluable to the process of improving and optimizing your marketing strategy.

ARTICLE BY Talia Schwartz of Good2bSocial.

For more on marketing for law firms, see the Law Office Management page on the National Law Review.

Legal Industry News for August 12, 2019: Law Firm Updates, Hires, Awards and Legal Technology

Even though summer is still in full swing and folks are cycling through vacations, law firms and the legal industry continues to hum with activity.

Read on to see more on legal industry hires, recognitions, and new technology and research impacting the legal industry.

Law Firm Hiring, Strategic Partnerships and Expansions

Van Ness Feldman announces the return of Vincenzo Franco as a partner in the Electric and Renewable Energy Practices. Franco was at Van Ness Feldman from 2010-2014, and left the firm to work with Exelon Corporation, as Assistant General Counsel – Wholesale Trading Compliance and then Associate General Counsel at Exelon Corporation, where he led the compliance function for Constellation. With his return to VNF, Franco focuses on transactional, regulatory and enforcement matters representing utilities, generation owners, developers and other investors before FERC (Federal Energy Regulatory Commission). VNF Chair, Richard Agnew, indicated his excitement at Franco’s return. Agnew says, “His [Franco’s] in- house experience coupled with his knowledge of our clients makes Vincenzo an exceptionally strong addition to the firms highly regarded electric practice.”

Leading international technology and energy law firm Baker Botts LLP announced that it has formed strategic partnerships with the Cannon Houston, Station Houston and Capital Factory. These Houston organizations are designed to aid entrepreneurs and will specifically be working with Baker Botts’ Emerging Company and Venture Capital practice based in Palo Alto. The firm’s experience in advising entrepreneurs, emerging growth companies, investors and venture capitalists provides a valuable resource for the incubators and the entrepreneurs they nurture and host. Samantha Crispin, the Technology Sector Chair at Baker Botts points out this partnership will allow Baker Botts to work with a generation of Texas-based companies from their very inception. She says, “One of the most intriguing aspects of these partnerships is the expected cross-pollination of our Texas and California ECVC practices and that the most promising companies will gain exposure to potential investors, including those in Silicon Valley.”

Baker Botts Managing Partner John Martin embraces the opportunities for growth this partnership will provide. He says, “We have a history of working with emerging and technology companies throughout their full life cycle, and we expect these partnerships will expand those opportunities more broadly. Some of our firm’s largest clients are businesses with which we have worked since they were startups themselves.”

Dinsmore has expanded operations onto the East Coast, opening an office in the Boston Financial District. Three partners—Javier F. Flores, Eric V. Skelly and Brian Blaesser will lead the new office and the firm’s expansion into this region. The firm will primarily represent clients in litigation and real estate development in New England. With the opening of the office in Boston, Dinsmore now has a presence in 25 cities across the country.

Sherman & Howard announced they added two attorneys, Member James Beard and Associate Robert Thompson, to their Denver office in their Litigation, Trials and Appeals group.

Beard has been litigating complex civil and intellectual property matters for over ten years, with a particular emphasis on handling complex discovery matters. He has argued cases in federal courts across the country, and has handled matters before the International Trade Commission (ITC) and the U.S. Court of International Trade. Beard says, “With its history and reputation in Colorado, the Firm is uniquely positioned to serve the explosive growth of Denver’s high-tech market.”

Along with Beard, Sherman & Howard is also adding Robert Thompson as an Associate to the Litigation, Trials and Appeals practice group. Thompson’s practice will focus on securities litigation and enforcement matters. His previous experience in house at a leading financial institution has prepared him well for representing clients in SEC (Securities and Exchange Commission), DOJ (Department of Justice) and FINRA (Financial Industry Regulatory Authority ) investigations. Katie Varholak, Litigation Practice Group Leader at Sherman & Howard, “Thompson’s background in finance, securities and complex corporate investigations positions him to serve a wide range of the firm’s clients.”

Robinson & Cole, a 200 attorney firm with offices throughout the northeast announced Kenneth A. Sherman and Virginia K. Trunkes joined the firm as counsel in the Construction practice.

Sherman is joining the Boston office, while Trunkes will be in the New York office. Sherman has experience assisting project owners, developers and general contractors, and others, in navigating construction disputes, and with drafting contracts, negotiation and entity formation.

Trunkes works with developers, apartment building, brownstone and condominium unit owners, and others, in negotiating contracts and adjacent-owner license access agreements. R+C Construction chair, Gregory R. Faulkner, says the attorneys are welcome additions and will help the firm strengthen its presence in the construction market, and “Their hands-on experience is an added value to our practice and further enhances our collective ability to provide the best service to our clients.”

Law Firm Accomplishments, Awards and Recognitions

McKool Smith, noted litigation firm, secured an insurance recovery victory on behalf of Pfizer in Delaware Superior Court. This victory allows Pfizer to continue to compel two excess insurers to cover the costs related to defend and settle multidistrict litigation surrounding pain treatments Celebrex and Bextra. McKool Smith principals Robin Cohen, Adam S. Ziffer and Marc Ladd represented Pfizer in this litigation. A Delaware state court judge awarded partial summary judgment, saying Arch Insurance Company and U.S. Specialty Insurance Company were unable to apply a “specific litigation exclusion” in their D&O policies, and that these insurers must help cover the cost of the $486 million settlement.

Seyfarth Shaw was recently recognized for its commitment to diversity and inclusion by the California Minority Counsel Program (CMCP) receiving the Drucilla Stender Ramey Majority-Owned Law Firm Award. The CMCP is a state-wide non-profit dedicated to opening up the legal profession to attorneys from all backgrounds, by providing attorneys of color with opportunities for business development. Seyfarth Shaw has offices in Sacramento, San Francisco, Los Angeles and Century City. The firm has a recognized commitment to diversity, and was also recently named a “Best Law Firm for Women” for the ninth year in a row, and was shortlisted for the 2019 Chambers USA Diversity & Inclusion Awards. The firm is especially proud of its “Rooney Rule” initiative, where for every open associate position, at least one diverse candidate is considered and interviewed.

Full-service law firm Pillsbury’s Corporate practice, in a review of M&A and private equity, was ranked among the Top 20 legal advisers in the US and Japan. Factset highlighted Pillsbury as a top 20 firm in Japan for M&A deals, and in the United States, the firm was in the top 20 for middle-market M&A transactions. Along those lines, Refinitiv listed Pillsbury in the top 20 for deal count for firms handling U.S. middle-market mergers and acquisitions, so far in 2019, and Bloomberg named Pillsbury in the top 20 for active law firm advising on deals valued up to 250 million. Pillsbury has over 100 experienced M&A attorneys across the firm’s twenty global offices. Highlighted transactions for 2019 include Invitae Corp.’s acquisition of biotechnology company Jungla, Salarius Pharmaceuticals on its merger with Flex Pharma, and Intel’s acquisition of Barefoot Networks, just to name a few.

DirectWomen, dedicated to increasing the presence of women attorneys on corporate boards, will honor 2019 award recipients in October in New York City at the Sandra Day O’Connor Board Excellence Award Luncheon. These awards are given to recognize the efforts made by the recipients to increase corporate board diversity. The Sandra Day O’Connor Board Excellence Award honors women who have served on the board of a public company and have advanced the mission of diversity in the workplace. This year, Angela Braly, Co-founder of the Policy Circle and former Chair and CEO of WellPoint, now known as Anthem, among others, and Rose McKinney-James, Managing Principal of Energy Works LLC. PNC will be presented with the 2019 Board Diversity Award, which recognizes corporations that served as leaders in achieving board diversity by showing a commitment to diversity in the boardroom. Linda L. Addison, Immediate Past Managing Partner of Norton Rose Fulbright and Director, Torchmark Corporation will be recognized with the Distinguished Alumna Award, highlighting the accomplishments of an Alumnae who joined a large corporate board since completing the Institute. Finally, the Mary Ann Jorgenson Board Empowerment Award will be presented to DirectWomen Advisory Board Member Alan L. Beller, Senior Counsel, Cleary Gottlieb Steen & Hamilton LLP; Director, The Travelers Companies, Inc for his work preparing women attorneys to assume the responsibilities of board service.

Commercial Mortgage Alert once again ranked law firm Cadwalader, Wickersham & Taft LLP at the top of their commercial mortgage-backed securities (CMBS) tables, ranking Cadwalader as Number 1 for both Issuer Counsel and Underwriter Counsel, making it the 19^th year in a row Cadwalader held that spot for Issuer Counsel. Further, the firm represented 58% of the issuer offerings floated in the United States in the first half of 2019, and 44% of the CMBS transactions on the underwriter side. Mike Gambro, co-chair of Cadwalader’s Capital Markets Group, says of the rankings, “We work with great clients who expect us to provide top-notch advice and service, and we are fortunate to have the results reflected in our position in the law firm rankings for so many years.” Cadwalader’s Capital Markets Group has attorneys based in New York, Charlotte, Washington, D.C., and London.

Legal Industry Technology, Research and Software Advancements

Qorus, a sales platform connecting contacts, content, and data, recently announced a Share & Track feature to their software. This addition enables user to send documents securely without attachments, and track how their contacts engage with those documents, such as proposals, pitches, and contracts. This enables sales teams to see and analyze which part of their proposal process is most important to their prospects, and they gain insight into their materials to ensure they create content that is engaging and effective.

The documents are sent via tracked sharing links that can be inserted into messages to clients. These links, when clicked, track the engagement with the content and launch an online document viewer and the file can be viewed securely, providing the information securely to the prospect. The sales team can see how long the prospect looked at the document, which pages were looked at the most, and whether or not the document was passed on, providing valuable feedback on what really matters to prospects. Ray Meiring, Qorus CEO, explains “This creates a powerful feedback loop that tells the team how interested a potential buyer is, and gives them insight into the prospect’s true propensity to buy – allowing them to adjust their approach accordingly.”

With the constant concerns regarding cybersecurity and with increasing regulation on a variety of levels, the introduction of Digital Defense’s Frontline InsightTM with on-demand peer analysis of security risk metrics gives companies another arrow in their quiver to secure their data. Frontline Insight is accessible via Frontline.Cloud Digital Defense’s Saas security assessment platform. This allows Digital Defense users to access information to reduce their own security risk, and provide information on how to evolve and maintain their information security programs so that they perform at top levels. By offering comparison from an industry perspective, but also integrating suggestions based on organizational and employee size, the tool can highlight vulnerable areas and threats, and assist in the development of benchmarks. Larry Hurtado, President & CEO of Digital Defense says this is a useful product for companies looking to evaluate their data security practices in comparison to organizations similar in size and scope. He says, “Frontline.Cloud enables clients to gauge their success in ways that previously required more intensive consultative studies. Now, this information is available with just a few clicks.”

Of particular interest to law firms as they look at managing law firm succession strategies as baby boomers exit the workforce and millennials assume greater responsibility is the results of a Manpower Group Survey, indicating only six percent of millennials want to be leaders, and just four percent want to manage others. The survey indicates that millennials, on a whole, are more interested in developing their own skill sets, and less interested in learning to manage and lead others. This suggests that law firms will be among the 84% of organizations facing a leadership shortfall, and developing a leadership pipeline for law firms, as well as client relationship management, will become increasingly important as firm leadership transitions become more complex and frequent.

Intapp has recently released a white paper The Modern CMO: Advancing Marketing From Reactive to Predictive. This paper discusses how adopting a modern approach to law firm business development, and harnessing data across the entire client lifecycle can lead to insights that drive smarter and more strategic decisions in law firms. Topics discussed include the role of the CMO as a change agent, smart collaboration in action and how to transition from a reactive to a predictive approach.

This article was written by Eilene Spear of The National Law Review / The National Law Forum LLC.

For more law office updates, see the Law Office Management page on the National Law Review.

Technology as Opportunity for Law Firms

Technology is both a threat and an opportunity for law firms. On one end, technology has opened the door for market disruptors like LegalZoom and Rocketlawyer who provide some legal services faster and cheaper than law firms. Some of the low-hanging fruit that law firms and attorneys used to be able to count on is disappearing–or long gone. In a recent research study by Altman Weil, 21% of law firms surveyed said technology was a threat right now, and 53% of firms described technology as a future threat. But in many ways, technology is an opportunity for law firms. The proper technology can help law firms be better and faster, and it can provide law firms with the ability to provide clients with helpful information and analysis much faster than ever before. In our final installment of Re-Envisioning the Law Firm: How to Lead Change and Thrive in the Future, the survey from MPF Insight, the National Law Review will offer an overview of the recommendations surrounding technology in law firms offered in the survey.

Robert A. Young^[1] Former Chair, ABA Law Practice Division:

Technology has been increasingly important for today’s law firm with many experts predicting that it will soon surpass rent as your firm’s #2 expense after salaries. The time has come for managing partners to take a stronger and more proactive role in learning more about this vitally important area.

Having a plan for how technology fits in with your firm’s practice is a crucial part of any leadership strategy. Additionally, having an effective and robust cybersecurity policy in place is essential in today’s data-driven world.

Law Firms are investing more in technology. In 2016, firms surveyed increased law firms increased investment in the following areas by the following percentages:

Cybersecurity, 23% of respondents increased investment
Website, Internet & Digital marketing, 20% of respondents increased investment
Case Management Software, 12% of respondents increased investment
CRM & Database, 10% of respondents increased investment
Competitive Intelligence, 5% of respondents increased investment
Legal Research, 2% of respondents increased investment

Circle Graph Law Firm Technology Spending For obvious reasons, Cybersecurity is the top area for new investment with law firms. In fact, a Chase Cost Management survey report released in 2015 showed that AMLaw 200 firms spend an average of $8,000 per full-time equivalent on information security. As a major concern for law firms and their clients it is imperative that firms have all employees trained and all client data safely secured. Having cybersecurity as a living breathing part of your technology plan can help you reap the benefits of technology safely, and your firm and your clients will benefit. However, good cybersecurity isn’t simply changing your password every six weeks; it is a vital skill set that must be understood from the top down.

Sharon Nelson^[2], president of a digital forensics, information technology and information security firm says:

If your management mindset isn’t there, you are stuck in technological obsolescence. Good cybersecurity is good risk management, and better yet, a marketing tool to use with clients. Don’t just delegate this, that does not work. Learn it yourself, as much as you can-and lead by being knowledgeable–that’s how you ensure the future of your firm.

Website, Internet and Digital marketing is another area of growth in terms of law firm investment. Digital marketing tools can help a firm better target their marketing activities. Re-envisioning says, “The reach is as big or as small as you want it to be and the subject matter can be much more focused, speaking directly to industries and communities through email and social media channels.” By using the technology and data-gathering tools available, law firms can maximize their digital footprint and reach many more potential clients.

A final recommendation from the survey, “Don’t be held hostage by your technology vendors.” By embracing open-sourced Customer Management services and web development platforms, your firm can create a product that works seamlessly into your processes. The time and effort put in up front will pay off with the flexibility available in the end.

Technology is not going away, and the negative elements of technology are already happening. In order to enjoy the benefits technology has to offer, Law firm leadership needs to find the ways that technology can benefit their firms, their attorneys, and their clients.

ARTICLE BY Eilene Spear
Copyright ©2017 National Law Forum, LLC

This is the sixth article in this series. Please find the earlier articles below:

Time for a Change in Law Firm Leadership: A Preview of Re-Envisioning the Law Firm

Innovation, Change and Accountability: A Way Forward for Law Firm Leadership

Strategic Planning in Law Firms: Essential Steps for Success

Marketing Legal Services: It’s Everybody’s Job

Recruitment, Retention and Problematic Partners in Law Firms

_{^[1] Former Chair, ABA Law Practice Division and Former Managing Partner of English, Lucas Priest & Owsley}

_{^[2] President, State Bar of Virginia and Sensei Enterprises}

Legal Marketing: Finding Internal Champions and Other Blogging Strategies that Work

Does your law firm have one or more blogs? Chances are, one in four of you will nod yes. According to the most recent ABA Legal Technology Survey, about 26 percent of law firms currently have blogs, continuing a rising trend over the past few years. And of those lawyers who blog, an average of 40 percent have been able to attribute new clients as a result of that activity.

The ABA Journal wrote in April this year about an October 2015 LexisNexis survey concerning law firms and marketing. The survey indicated that “a majority of firms said they are planning to increase their investment in blogging and content marketing this year. According to LexisNexis, of the roughly 400 law firms that responded to the survey, 57 percent said they anticipated doing more blogging as a means of generating business.”

With all signs pointing to the fact that blogging is an effective element of a comprehensive business development strategy, what is holding your firm back?

Jacqueline Madarang, senior marketing technology manager at Bradley, provided many tips and recommendations for making the most of a law firm blog at the Legal Marketing Association Southeastern Chapter annual conference in September. She should know, since the firm has launched five blogs under her deliberate and effective guidance in the past two years.

“There are certain action items that must be done before we will even consider launching a new blog,” said Madarang. “We have a long checklist. It includes a lot of behind-the-scene commitments, such as that attorneys who request a blog have to seek their practice group leader’s approval and also meet with us. They must commit to writing at least two blog posts a month and they have to find at least two editors for the blog. They also are required to submit at least five blog posts before we will launch the blog, and we create a timeline on a calendar of blog development and content development that we follow.”

Find Your Internal Champion

“We have found that the attorney who requests to develop a blog becomes our internal champion in making the blog successful. After the practice group leader supports the effort, we have another champion. We work hard to earn their trust, we seek press and other coverage and awareness of the blog when it goes live, we show them results of their posts, we look to get their content repurposed through media interviews or published as bylined articles, and we always provide them with the support they need to keep it going,” said Madarang.

“We felt even greater success after large Fortune 100 companies (not clients, yet!) emailed our bloggers and complimented them when they were mentioned in our blogs; when Forbes reporters reached out directly to our attorneys because of a blog post; when reporters who followed cases our attorneys blog about asked about status of cases; and when we opened new matters from blog posts.”

“Our internal champions have become helpful advocates who have furthered our own PR within the firm about blogging and the successes we are having,” Madarang said.

Why Do a Blog?

Madarang poses this question to the attorneys to develop a strategy with defined goals and objectives. Some motivations include:

Build online visibility to help drive business development
Raise their profiles as thought leaders in the industry
Become a go-to resource in the area/industry
Boost their Google search engine ranking results

She said the firm’s marketing department has to complement and work cooperatively with the attorneys.

“They have to work together,” Madarang said. “The attorneys are the ones writing about the legal topic, but marketing provides the platform and provides all the marketing, social media and technical support.”

What Should I Write About?

“This is a frequent barrier for producing quality blog content,” noted Madarang. She offers these helpful tips for generating topics:

Write about topics you are passionate about. If you’re bored by it, your readers will be, too.
Talk to clients. What are they asking you about – what do they want to know?
Look at analytics. What are people searching for in the firm’s website, search engines and blogs?
Identify trending topics. Keep on top of current events and listen at conferences you attend.
Repurpose content. Repackage topics you are delivering in other formats, such as presentations.

Bradley Blogging Bootcamp

One of the most important pre-launch activities that Madarang has instituted at Bradley is required attendance to the Bradley Blogging Writing Bootcamp.

“During this bootcamp, we coach the attorneys on how to write an effective blog. We teach them to write to a specific audience and be more conversational, to find their own style,” said Madarang. “We coach them on how to craft titles, how to hook in a reader with an opening paragraph, how to make their blog posts more digestible and readable without any legalese, how to include the appropriate keywords and how to focus on the key issues. This has been an extremely successful approach that the attorneys have learned from and appreciate. They are committed and want the blog to be a hit, and we provide them with the tools and consistent strategies they need to help them.”

Post-Launch Activity

Once the blog launches, Madarang pays close attention to the results and fine-tunes with the attorneys as needed.

“We have several ways we extend the life of a blog post, whenever possible,” she said.

Her tactics include:

Measure success and show ROI. Look at the analytics and share with the bloggers to help them understand their performance. Create infographics to help them visualize how their results have translated into ROI.
Repurpose and reuse. Use blog posts for PR opportunities; publish on LinkedIn, JD Supra, National Law Review, Lexology and/or Mondaq; and share on social media.
Celebrate! Create fun awards for the attorneys with the most-read or most-shared posts or for those who wrote most often and opened new client matters as a result. Recognition is a motivator.

Developing and maintaining a law firm blog requires a deep commitment from the attorneys who are going to have to write regularly, as well as from the firm to support that effort from A to Z. Bradley’s blogs have become a well-read fixture under Madarang’s organized strategies, and these tips should provide aspiring law firm bloggers with a foundation for their own success.

ARTICLE BY Vivian Hood of Jaffe

The Future of Law Firm Marketing with Deloitte CMO Diana O’Brien [PODCAST]

In this podcast interview, John McDougall of McDougall Interactive and legalmarketingreview.com and Nicole Minnis of The National Law Review speak with LMA keynote speaker Diana O’Brien about her role as CMO of Deloitte, the future of law firm marketing, marketing technology, and the challenges that law firms face with traditional and digital marketing.

John McDougall: Hi, I’m John McDougall, CEO of McDougall Interactive, and I’m here today with Nicole Minnis, Lead Publications Manager at the National Law Review. And our guest is Diana O’Brien, the Chief Marketing Officer of Deloitte. Diana will be the Keynote Speaker at the upcoming Legal Marketing Association annual conference on April 11th – 13th, in Austin, Texas. Welcome, Nicole and Diana.

Nicole Minnis: Thanks John, hi, and hello to you, Diana, as well.

Diana O’Brien: Thanks John and Nicole, it’s great to be here today.

John: Absolutely, and Diana, thanks for taking the time. You are a fairly new CMO, and I know that you came to this role from a non-marketing background — given that, what inspired you to take this new role as CMO of Deloitte?

Diana: Well “inspired” is the right word. First, my passion was really clients. I’ve spent 30 years in client service. That’s really where I learned to listen to clients, and respond, and react to what it is that they needed, and that was really the impetus to me appreciating and becoming, I think, a champion for clients within our firm. So today being the Deloitte CMO, I’m really the champion for all of our clients, and I’m responsible for helping out stake-holders within the firm whether they be our newest associates to our partners, be responsible for listening and understanding the collective needs of all of our clients and creating an environment where our clients get every day, in every interaction, a world-class experience in every touchpoint. So the client experience is something that I’m just deeply passionate about.

The second thing I sort of married up with that is I had the chance, after having that career, to take on a responsibility of being the Managing Director of Deloitte University – which is our learning center in Texas – and that’s where I came to appreciate and recognize that the world has changed. What worked yesterday doesn’t work tomorrow. We need to create environments where people can thrive, and grow, and continue to evolve, and I had the chance to do that for all of the learning. But, really, the same is so true for marketing today. We’re moving from this world where you could just push out this sort of one-way message where you were communicating what you wanted to communicate and push it out there and hope people heard it, to this more interactive, 24/7, broader business connection, and creating an environment where your clients thrive and you’re part of that active engagement. So it’s not really a back office anymore, it’s right front and center with the clients, and it’s a new capability that you need in order to do that.

So when you marry those two things up, it was a perfect choice for me and I was excited to take it on.

John: Yes, it sounds like empathy and inspiration.

Diana: Yes.

John: And what’s your mandate as CMO?

Diana: It’s really simple. It’s really to drive growth for the firm; it really couldn’t be any more simple than that. What I would say that maybe would resonate, I think, for a lot of marketers is that it does still start with the Deloitte purpose, and I do think that you don’t grow unless you’re grounded in your purpose. So, a good CMO is always going to know what that is and be able to inspire all their professionals to link back to that. So, the Deloitte purpose is to make an impact that matters with our clients, our people, our communities. So, when I think about what my job is and I think about the 70,000 professionals that work at Deloitte, I need all of them every day to go out and strengthen our brand to grow the firm by showing up to our clients in a consistent but personalized way that creates strong relationships, that builds powerful experiences, delivers unique insights that helps our professionals and our clients establish the kind of connection that is sustainable over time so we can really help as problems and issues go over time.

Changes to the Marketing Organization at Deloitte

John: And what changes have you made to the marketing organization in order to execute on that mandate?

Diana: Gosh, I’ve been busy with that.

John: Quite a few.

Diana: We’ve streamlined a lot. We have really focused on optimizing the resources but we’ve been driving towards a new model. What’s interesting about Deloitte in this regard – and I don’t know that everyone’s appraised this quite yet but – we encompass, obviously, the most traditional elements, which is the communications and marketing capabilities, but all of the go-to market assets, if you will, sit under me as well. So, our go-to market channels [including our managing partners in key markets, our client leaders and our industry practice leaders] and thought leadership, public policy, corporate citizenship, they have been put under me as well and so that’s unique and actually I’m hearing some of that. I’ve met with a few other CMOs that are doing some of the same things and have had some of the same responsibilities, and so what I like about it is that it’s really this combined essence of, really, how does the market — How do you drive growth? How do you really develop a marketplace?

The other thing we think is really important is digital. Obviously we have a strong digital practice and that serves our clients, but it also serves our in-house marketing team and that’s key to us being able to deliver our brand every day and create those kinds of experiences that we were talking about and deliver those insights. So I work very closely with the consultative arm of our Deloitte digital practice.

John: That’s a lot of stuff going on. That’s fantastic. Go ahead, Nicole.

The Future of Law Firm Marketing

Nicole: Shifting gears slightly and thinking about our legal marketing listeners more specifically, what do you see on the horizon in terms of transformation or potential paradigm shifts for law firm marketing?

Diana: It’s so interesting, Nicole, I think in many ways. Professional services, accounting, and consultancies like our firm and law firms, have some real similarities in this regard. I think digital marketing is going to continue to grow and that’s really for all of us, it’s not just legal markers. But we need to face it in a way that maybe some others don’t have the same issues, partly because we come from professionals where we’re highly skeptical. That’s just our profession, so we have to maybe be a bit more willing to get into the data around the success of digital and how that may in fact change us and work to be a better adopter of it. With some of the increased competition that’s there, I think if we don’t do that, the professional services environment has some challenges to stay ahead of the game, and that’s particularly going to be the case, I think, with talent. That’s going to be one of the big challenges if we don’t address that.

Certainly social media, obviously law firms are doing things in social media, but I think it will continue to be a big focus. It certainly has been for us. We have worked to become more engaged and use more outside platforms – and my own micro-site is an example – to sort of meet people where they are. We use LinkedIn more than we’ve ever used before to help us connect into the marketplace. We’ve all got to figure out how to have our sites optimized for mobile so content can be more easily consumed. And again, when you come from a place where maybe adaptability is a little lower and skepticism is a bit higher, the mindset of professional services firms where we do have some of that, we have to work harder I think to embrace some of those things.

Marketing Technology

Nicole: It sounds to me like Deloitte is way ahead of the curve in terms of digital technology so I commend you and your firm on those efforts. What marketing technology do you see is getting the most buzz right now besides some of the things that you’re already working on?

Diana: It’s a good question. I have two things I want to say on this, one social listening is obviously incredibly important in content management systems or continuing to evolve publishing platforms, and it’s important that we stay thoughtful of that, but the number of channels that you now have to participate in is exhaustive, and it’s just growing, and I think it’s important that we not become sort of overwhelmed with the technology, but really solve specific business problems. One of the things I think that law firms can do is I think it’s important that they continue to differentiate themselves with eminence, and thought leadership, and specific things that you can differentiate yourself on. And one of the things I think that are particularly useful are – maybe not as technology-buzzing, if you will – but blogs and podcasts. I think they’re low-cost communication tools that really are a more direct engagement, and can connect more easily sometimes with the targeted audience that you want with the specialized information that you have.

Sometimes I think we can become sort of enamored with the technology. When I first took on I felt like, maybe the first four months, I was a bit enamored with the technology, but I kept coming back to, “Well, what problem am I really trying to solve for that’s going to drive my business?” While I think there are some interesting things out there that we all need to be aware of, I think it’s important to keep coming back to, “What problem am I solving?”

Marketing and Thought Leadership

John: As a follow-up to that, I love hearing you talk about thought leadership. I own a site, authoritymarketing.com, and we do a lot of work around the idea that your experts and your thought leaders, especially in professional services, will help propel your blogging, and podcasting, and marketing, and SEO, and social media. Would you say that those blogs and podcasts can also then be used by your sales people in business development, and is it kind of streamlining your efforts or killing two birds with one stone by doing both of those things at once? Not just doing the blogs and podcasts for their own right for their search in social benefits and all of that, but to also potentially use for biz dev?

Diana: Yes, there’s no question, and actually we did something interesting this last year. We actually did an active online course on a couple key topics that we felt we were expert in, and what I feel happened as a result of that is the level of engagement that we were able to achieve. It’s actually really a form of marketing in today’s world which is more interactive. It isn’t this push of a message. It’s this engagement where, let’s say you put a blog out there, someone comments back. In [this case], people are commenting on the course. People are exchanging ideas over the content. So you’re evolving it and working it together. That’s the new world. That’s the new model. It isn’t something that is just, “Here’s my ideas and here they are.” It’s a dialogue and exchange that ultimately is more productive for everyone.

The Biggest Challenges for Law Firm Marketers

John: Absolutely, and what about specifically for law firms, what are the biggest challenges for law firm marketers?

Diana: I think, similarly, something similar that we have is how do you keep differentiating yourself in a saturated market? How do you promote your brand? How do you continually evolve, and innovate, and show that you’re uniquely qualified over someone else? Obviously eminence is one way to do that. Engaging is certainly a way. Thinking beyond law firms and professional services firms like Deloitte have, in the past, always charged – for example – by the hour, and that’s just been a mindset that’s gone in. Starting to think more about, “What’s the real value we’re bringing in?” Thinking of ways in which you can differentiate yourself. I think the marketer has a role now to play in helping to shape the thinking around that.

It isn’t just the message. It’s really the mindset of the organization. It’s the type of strategies and tactics that you will use, such as what we were just talking about in thought leadership. It’s how you create the client experience end-to-end, how you think about all the customer decision-making, how the customer feels at all those points that the marketer plays a role in. I think they have a really unique place to influence the many stake-holders, the many lawyers that are in the organization and how they show up at their clients.

But I think even more importantly than that is the future of where their talent is going to come from. I mentioned it before, but we did a study that was a digital study, we did it with MIT Sloan Management, and what we found was across all these age groups that, primarily, talent is really looking for organizations that are technically capable and receptive to employees being able to be digitally sophisticated. And we found that in many cases companies are not nearly as mature as the upcoming workforce and current workforce wants to be, and so that’s a challenge so we have to deal with that.

Conveying the Value of Marketing to Management

John: Yes, absolutely, especially younger people, and not just very young people, certainly into the 30s, and 40s, and above, but a lot of people are just so attuned to social media these days and searching on their mobile phones so if your organization is lagging in that it doesn’t inspire them. I often hear legal marketers complain how hard it is to convey the value of what they do to the management of their firms; do you have any advice for them?

Diana: I think this is something relatively new for CMOs, personally. I don’t, in my consultative time with clients, I think CMOs often didn’t really find their way into the C-suite, and I think that has changed. This is now a real opportunity to affect the C-suite.

I think the CMO had a chance to connect with the CFO about the metrics that drive sales. I think they are instrumental with working with the Chief Talent Officer about how to empower their employees to be better brand ambassadors, to reflect the culture in their business. I think they need to work with the CIO on any new technologies that might be touching the customer or extracting customer insight within the organization. So now they are really up here and I don’t think that was the case before. So they have a chance to change the perception of marketing and that’s new and it’s really a great kind to build new relationships and I think the advice I would have is not to underestimate the power that you have right now to influence and build key relationships with their peers, to have a sit at the table, to take your seat at the table and translate the customer experience, and bringing the customer championship into business results.

John: Yeah and as you said that earlier, really tying that up into your core mandate, your core value proposition and mission statement and making sure that marketing especially things like in the past, SEO or certain things were easy to kind of push a button and they would happen over on the side. Now they need to be much more integrated, right?

Diana: Yes and I think people consider those tactics. They thought, “Oh, well, just go do that.” Now it is an embedded part of the strategy and you can’t really have an organizational strategy without understanding how the marketing message is linking to that and how you are making them come to life in every element of the customer experience.

Content Marketing

John: Do you think content marketing has really driven a lot of that because if you could do digital marketing in the past, it was a little bit of a fairy dust, you know. You could kind of just sprinkle it on. Now you can’t just do that. You have to really develop content that has to reflect the brand or fail, right?

Diana: Yes. I said one time in a talk, and I thought I’d share it even at the conference, but I used to think of marketing as sort of a little m where it was about this message that you pushed out. And now it’s so much more. It’s really about the big M. It’s about the meaning.

John: Right.

Diana: And you are exactly right. That comes from the content that’s really there and it has to be rich.

John: Yes. And the CEO, the CFO, they should take an interest, and I think they are, more so than ever.

Diana: I do too. I do too.

John: What are you up to these days and how can listeners connect with you online?

Diana: Well, I have been pretty busy with the new role but what I have done most recently, I just left Deloitte University, which is a home to me every time I am there but we just had about a thousand of our folks there that sit in our market development organization that had spent two days thinking about, with a number of guest speakers, thinking about how are we going to continue to create the right connections and gain the right knowledge and to think about the right technologies to keep moving our organization forward.

We don’t have, you know — we’re big and it’s hard always to get people together and I’m glad we made that investment. It’s not always easy to do but it’s important when we do to make the most of it, and I think we did. So I was thrilled to be able to have our people together and I encourage, even when you know, with all the options to do things socially and online and virtually, sometimes being in person is the best way to really further that bond. So I was glad to do that.

So connecting with me, obviously please check out our website, first cmo.deloitte.com where you will get lots of relevant content that’s perfectly relevant to the CMO and I hope everybody goes there. My twitter handle is @DianaMOBrien and I welcome anyone and I’d like to have an exchange with anybody, and then certainly deloitte.com. We welcome anybody to visit us there for our eminence.

John: Absolutely, well thanks for talking to us today and thanks for listening everyone to the National Law Review podcast. Visit the National Law Review website at natlawreview.com and for more information about the Legal Marketing Association’s annual conference, visit legalmarketing.org/annual_conference. I’m John McDougall and thanks for listening.

Article By John McDougall & Nicole Cudiamat Minnis

Lawdragon: Celebrating Ten Years Of Captivating Legal Journalism

For ten years, legal media company Lawdragon has been telling great stories about the law and lawyering. Lawdragon embraced the power of the internet early on, creating content open to all who were interested in stories about the law. Lawdragon has shown their commitment to high-quality legal journalism by crafting feature stories, a popular Question and Answer series, and an annual Lawdragon 500 Leading Lawyers in America devoted to attorneys, what they do, and what is possible with a law degree.

Lawdragon was founded by Katrina Dewey as a platform to tell stories about lawyers and lawyering. Dewey began her career as a lawyer, but in her words, “I quickly discovered that I wanted to write about lawyers instead of practicing the law myself.” She left her law firm associate job and “I did what I could to get hired as the lowliest journalist at the Daily Journal in California.” The “lowly” journalist position became Editor in 1996, a move that Dewey describes as “a huge and lucky break.” In 2005, with a desire to work more in the emerging online journalism market, Dewey founded Lawdragon. Daily Journal reporter John Ryan joined her and continues to serve as the company’s editor-in-chief.

Looking back at the first issue, Dewey describes the publication process as like “giving birth.” They wanted to kick off the magazine in an edgy, interesting way, and one of the first stories was on the idea of term limits for Supreme Court justices. Dewey remembers, “the week after we shipped our first issue, Justice Rehnquist passed away.” Another memory of the beginning was Hurricane Katrina. That disaster hit the same weekend the first publication went out, and it lingered as a sort of ghost each time Lawdragon has published an article that showcased the aftermath of the storm and the various legal issues that followed afterwards. Looking back, Dewey describes the early days by saying, “we saw ourselves as an intrepid band of journalists, taking on larger lawyer outlets that were a little slow on the digital uptake.” And that has been part of Lawdragon’s success. Dewey saw the writing on the wall about how the media landscape was changing–and she wanted to create a place for features and profiles of lawyers with a company that had “digital in its DNA.” After ten years, the company has grown into a marketing and branding platform packed with fascinating tales of the law, using the power of the internet to allow anyone who is interested access to their stories. In fact, the content had become so popular among firms and lawyers that Lawdragon created a new “Lawdragon Press” division that provides paid content, marketing and branding services for firms.

Along those lines, when asked to describe Lawdragon’s audience, Dewey says, “We write for everyone who can read and has an interest in the law.” The goal is to create intelligent, wide-ranging, eclectic content that shows what an attorney can do with a law degree. Dewey says, “The goal is to write stories that everyone can access, but are still interesting enough to appeal to attorneys.”

And true to the mission, reading Lawdragon provides perspective on just how far-reaching a law degree can be. With features on everyone from David Tolbert, President of the International Center for Transitional Justice, Adam Streisand of Sheppard Mullin, who litigated the trial that paved the way for the sale of the LA Clippers to Jodi Westbrook Flowers at Motley Rice, who has worked for over a decade for the victims of the September 11 attacks against the financiers and and supporters of Al Qaeda, the subject matter is an abject lesson on just what the law can accomplish.

“We’ve tried to cast a wide net on our coverage of interesting lawyers and legal matters, which is why we’ve done original reporting on justice issues in places like South Africa, former Yugoslavia, Rwanda, The Hague and most recently Guantanamo Bay,” Ryan said.

One essential element of Lawdragon’s philosophy is an unwavering optimism about high-quality articles and reporting. Dewey says, “We are optimists about good content; we believe there is a place for good content in the world.” With an intrinsic belief that the law has the power to change people’s lives, right wrongs, and inspire as well as an understanding that lawyers who practice law have compelling reasons to do so, over the ten years of its existence Lawdragon has demonstrated a commitment to showcasing those stories. Dewey says, “We are about the power of story, generally. We want to show the individual stories of these attorneys who are advocates of the law, who all have their own perspective and ways of contributing to justice. ”

A natural outgrowth of that philosophy is the Lawdragon 500 Leading Lawyers. This feature highlights some of the most captivating attorneys and the work they do across the nation. While the Lawdragon 500 is probably the best known element of the publication, it is not a ranking system. Through a careful process balancing editorial research by Lawdragon staff, law firm submissions, and an open online nominations form, the 500 are carefully curated, but not ranked. Instead, the guide is a way for Lawdragon to showcase attorneys and their perspectives, how they contribute to justice, and how they use the law as a tool to advocate.

As a result of the commitment to quality content and great stories, Lawdragon articles have strong SEO content and can be a great platform for the attorneys who are featured. One thing Lawdragon provides for the attorneys that are featured is objective, third party, independent recognition of their skills and reputation. Additionally, Lawdragon publishes an annual print publication, giving attorneys and their clients something to hold, beautiful pictures to see, and amazing articles to read. As Carlton Dyce of Lawdragon points out, “Our print publication is great for attorneys to have in their offices, handy for their clients to read while they are waiting. It’s a great way to showcase the attorney they are about to see.”

The tenth edition of the Lawdragon 500 will be released soon, an exciting milestone for the company. Over the years and after many compelling stories, Lawdragon remains excited about its core mission–telling stories of lawyers and lawyering. With millions of lawyers doing captivating work in many fields there is no shortage of stories, and Lawdragon remains committed to telling them.

Article by Eilene Spear of the National Law Review

Join LMA New England for their annual conference – November 12-13 in Boston

Please join the LMA New England Chapter next week at their 2015 Regional Conference, taking place on November 12 -13 at the Hyatt Regency in Boston. This year’s theme is “What’s Your WOW Factor?” Join attendees as they learn about the best tools and approaches to stand out among the competition, succeed at winning new business and become industry trendsetters. Don’t miss out on the chapter’s most important and popular event, one that saw record attendance last year!

When – November 12-13

Where – Hyatt Regency Boston

Hiring and Law Firm Moves

Law Firm Innovation and Developments

Legal Technology and Industry Developments

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Law Firm Developments, Hires and Moves

Law Firm Awards, Recognition and Achievements

Law Firm Diversity Recognition

Law Firm Accomplishments and Deals

Legal Industry Trends, Research and Upcoming Events

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Litigants Face the Challenge of Jurors’ Social Media and Internet Use

Attorneys Must Be More Tech-Competent Than Before

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Why Marketing Analytics Matter

Why You Need to Measure Your Efforts

Web Analytics Can Measure Those Efforts

Using KPIs

Takeaway

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Law Firm Hiring, Strategic Partnerships and Expansions

Law Firm Accomplishments, Awards and Recognitions

Legal Industry Technology, Research and Software Advancements

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Find Your Internal Champion

Why Do a Blog?

What Should I Write About?

Bradley Blogging Bootcamp

Post-Launch Activity

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Changes to the Marketing Organization at Deloitte

The Future of Law Firm Marketing

Marketing Technology

Marketing and Thought Leadership

The Biggest Challenges for Law Firm Marketers

Conveying the Value of Marketing to Management

Content Marketing

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