Author: National Law Forum

A group of in-house attorneys developed the National Law Review on-line edition to create an easy to use resource to capture legal trends and news as they first start to emerge. We were looking for a better way to organize, vet and easily retrieve all the updates that were being sent to us on a daily basis.In the process, we’ve become one of the highest volume business law websites in the U.S. Today, the National Law Review’s seasoned editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists. There is no log in to access the database and new articles are added hourly. The National Law Review revolutionized legal publication in 1888 and this cutting-edge tradition continues today.

Law Firms' Diversity Progress Stalls in Recession

The National Law Review’s Business of Law guest blogger this week is Vera Djordjevich of Vault Inc. Vera describes the findings of a recent Vault / MCCA Minority Corporate Counsel Association  survey which show  how law firm’s efforts to diversify have slowed down dramatically during these challenging economic times.  Read On:      

Law firms had been making steady, if slow, progress in diversifying their ranks.  Recent data collected by Vault and the Minority Corporate Counsel Association (MCCA), however, suggests that some of the profession’s advances have come to a virtual standstill.

This spring, as part of the annual Law Firm Diversity Survey, more than 260 law firms, including many of the largest and most prestigious law firms in the country, completed a detailed questionnaire on their diversity initiatives, programs and demographics. The results have been released in the Law Firm Diversity Database.

The data reveals how the economic crisis has affected law firm hiring, promotion and retention as a whole, and particularly highlights its impact on attorneys of color. While everyone felt the recession, the survey data suggests that minorities were, as many have feared, disproportionately affected.

Among the survey’s major findings:

Law firm hiring declined across the board

While it’s clear that law firm jobs are far scarcer now than they were two or three years ago, the data shows just how dramatic the change has been. For example, the size of the 2L summer associate class dropped by some 20 percent since 2008. In addition, far fewer of those summer associates were offered permanent positions than in the past: whereas nearly 93 percent of 2Ls were offered jobs in 2007 and 87.83 percent received offers in 2008, just 72.85 percent of 2Ls received permanent offers in 2009. Law firms also cut back drastically on the recruitment of experienced attorneys, with lateral hiring falling by more than 40 percent from 2008 levels.

Minority recruitment fell

Law firms have been primarily relying on increased minority recruitment to diversify their populations. What’s particularly troubling about the latest survey data is that not only did the overall number of attorneys hired drop in 2009, but also the percentage of those attorneys representing racial/ethnic minorities fell.

In fact, recruitment of minority lawyers declined at all levels — from law students to lateral attorneys. Of all lawyers hired in 2009 (including starting associates as well as laterals), less than 20 percent (19.09 percent) were minorities; a considerable drop from 2008 (21.77 percent) and 2007 (21.46 percent). And the 2009 2L summer class had the lowest percentage of minority students of the last three years: 25.19 percent (compared to 25.66 percent in 2008 and 25.91 percent in 2007).

Looking at specific racial groups, the most notable decline in hiring was among African-American students. In 2007, 7.32 percent of 2L summer associates were African-American; in 2009, that percentage fell to 6.42 percent. The percentage of Asian American 2Ls also declined, from 12.83 percent in 2007 to 11.74 percent in 2009. Meanwhile, the number of Hispanic students and multiracial students (those who identify with two or more races) inched upward a few tenths of a percent.

Minority lawyers continue to leave in high numbers

Meanwhile, as the number of minority lawyers entering firms has decreased, the number of minority lawyers leaving firms has increased. This is especially striking with respect to minority women. At every level of associate, the percentage of minority women who left their firms (voluntarily or through layoffs) has increased by at least two percentage points since 2007. For example, of third-year associates who left in 2009, 16.64 percent were minority women (compared to 13.98 percent in 2008 and 14.36 percent in 2007). In 2007, 12.83 percent of fourth-year associates who left their firms were minority women; by 2009, that number had climbed to 15.46 percent.

Overall, minority men and women represent 20.79 percent of attorneys who left their firms in 2009 — even though they represent just 13.44 percent of the overall attorney population at these same firms. Moreover, for the first time in three years, the percentage of minority attorneys hired was lower than the percentage of minority attorneys who left. In other words, firms are losing their minority attorneys faster than they can replace them.

Retention becomes more critical as recruitment drops

Given the likelihood that law firm recruiting will not return to pre-recession levels any time soon, there’s a danger that even a one-time drop in minority recruitment could have a long-term impact on overall law firm populations. In order to fend off this risk, firms will need to put greater effort into retention and professional development. Retention has long been a problem among large law firms, but the new economic reality makes progress in this area critical. More effective mentoring and mentoring, better monitoring of attorneys’ progress, overcoming unconscious biases, and ensuring that all have equal access to significant opportunities will help law firms build, and maintain, a talented and diverse workforce.

© 2010 Vault.com Inc.

About the Author:

Vera Djordjevich is senior law editor at Vault.com, where one of her areas of focus is diversity in the legal profession. She oversees the research and publication of information about law firm diversity initiatives and metrics for the Vault/MCCA Law Firm Diversity Database. She also edits Vault.com’s content related to law practice in the UK and co-authors Vault’s law blog, which provides career news, advice and intelligence to the legal community. Prior to joining Vault, Ms. Djordjevich was an editor at American Lawyer Media and practiced law in a small litigation firm in New York. She has a law degree from New York University School of Law and a bachelor’s degree from Stanford University.  www.vault.com / 212-366-4212

Sixth Annual General Counsel Institute Presented by NAWL Nov. 4th & 5th New York, NY

The National Law Review would like to spread the word about an upcoming event presented by NAWL (The National Association of Women Lawyers) .November 4-5, 2010 • Westin New York at Times Square

NAWL’s  Sixth Annual General Counsel Institute, is targeted to women general counsel and senior in-house counsel who want to build top-tier professional and management skills to improvetheir interaction with C-suite executives and the functioning of their legal departments.   The Institute provides a unique opportunity for women corporate counsel, in a supportive and interactive environment, to learn from leading experts and experienced legal colleaguesabout the pressure points and measurements of success for general counsel.

Who should attend?

Senior corporate counsel of public, private, large and small companies, non-profits, government, and educational institutions.

Registration is limited to in-house counsel. Scholarships are available; see “Upcoming Events” at www.nawl.org for a full conference schedule and more details.

Questions about the program?

Contact: Jonathan Becks, Program Coordinator, NAWL: 312.988.6186, becksj@nawl.org

Legal Risks Facing New Media Publishers

A new post from the National Law Review’s featured guest bloggers Neil M. Rosenbaum and Seth A. Stern of Funkhouser Vegosen Liebman & Dunn Ltd details some of the legal pits falls of social media platforms.  Read On:

The rise of online media means that many businesses are doubling as publishers, with all the attendant benefits and risks.  Every day, courts and lawmakers face the challenge of applying legal principles conceived in the era of periodic publications featuring bylines and mastheads to the unlimited, instantaneous, and often anonymous content communicated via the Internet.

Below are brief synopses of some of the issues facing online publishers that courts have discussed in recent months.

Anonymous Defamation

Federal law generally precludes defamation liability for websites based on third-party content.  This, however, does not mean that third-party content cannot land a webmaster in court.  Plaintiffs often issue subpoenas to websites for identifying information regarding anonymous commenters.  While companies may be reluctant to spend their money protecting someone else’s First Amendment right to speak anonymously, website operators — particularly those that have promised to protect users’ privacy — may face liability for turning over identifying information.

Businesses that have themselves been anonymously defamed and seek to identify the defamer must jump through a number of procedural hurdles designed to protect the commenter’s constitutional right to speak anonymously.  Some courts have suggested that these hurdles may be easier to clear when the anonymous defamer acted for commercial purposes.

Jurisdiction

Internet postings can be accessed anywhere and courts have suggested that Internet posters can therefore be sued anywhere.  A federal appellate court sitting in Chicago recently rejected the Arizona domain registrar GoDaddy’s argument that, absent specific intent to direct its Internet activities toward Illinois, Illinois courts should not hear a cybersquatting suit against it.

Additionally, at least three recent appellate courts have held that online defamers can be sued in states other than the one from which the content was published.  This means that companies with online presences must be prepared to defend themselves in jurisdictions that may apply varying legal standards.  Savvy plaintiffs are sure to choose the jurisdiction most favorable to them.

Privacy and Confidentiality

Many social media users assume that by setting posts to “private” they control their audience.  This is not always the case.  A New York court recently held that “private” Facebook and MySpace posts are discoverable during litigation and that there is “no legitimate reasonable expectation of privacy” in such posts.  Additionally, the United States Supreme Court decided this year that an officer’s privacy rights were not violated when the police department searched his text messages while auditing the department’s texting plan.  But some courts have found privacy violations where employers used false pretenses to access employees’ “private” content.

In another recent case a federal court decided that a company’s client list could not be protected as a trade secret because the same information could easily be found on sites such as LinkedIn.

Intellectual Property

While website operators can limit their copyright liability for third-party content by following statutory procedures, websites’ own content is fair game.  Online publishers, particularly bloggers, often quote and expand on content created by others.  While some perceive this as an opportunity to reach new audiences, others denounce the practice as free-riding.  Some media outlets have sold their copyrights to companies that have filed hundreds of suits against alleged online infringers.  Others have threatened to sue bloggers formisappropriation of “hot news.”

Courts have suggested that those who misuse an entity or individual’s name to bring attention to online gripes, for instance by impersonating their target, may be liable under trademark statutes, particularly when acting with a profit motive.  California has banned “e-personation” outright.

Harassment

A federal court dismissed an employee’s suit alleging that her employer subjected her to a “hostile work environment” by failing to act after coworkers posted inappropriate comments regarding her race on a personal Facebook page.  The court left open the question of whether a company can be liable for improper comments on a company-monitored social media site.

Excerpted from FVLD’s blog, http://www.postorperish.com, which regularly discusses these and other issues facing online publishers.

© Copyright 1999-2010, Funkhouser Vegosen Liebman & Dunn Ltd. All rights reserved.

Picking the Perfect Jury:What Should Be Done About the Problem of Race-Based Exemptions ABA Teleconference & Live Audio Webcast – October 21st

The National Law Review would like to make you aware of an upcoming ABA Teleconference and Live Webcast which has been approved for Elimination of Bias Credits in applicable jurisdications as well as CLE credit — Picking the Perfect Jury:What Should Be Done About the Problem of Race-Based Exemptions: 

Program Description

As recently reported in the New York Times, “Today, the practice of excluding blacks and other minorities from Southern juries remains widespread” and, according to the Equal Justice Initiative and defense lawyers, is “largely unchecked.” There is a continuing indifference to prosecutors’ race-based exclusions of prospective jurors.  Prosecutors have learned how to claim that their exclusions are race-neutral, even where they do not exclude white jurors whose answers during jury selection are indistinguishable from those of jurors of color whom the same prosecutors do exclude.

At this program, the renowned Executive Director of the Equal Justice Initiative, Bryan Stevenson, will discuss his organization’s June 2010 report on this subject (a report which was the basis for the Times story and other media reports) and will join with other expert panelists and discussing the report’s implications and what those who attend this program can do to rectify this situation.  There will be special focus on Tennessee, Alabama, Arkansas, and Mississippi.

CLE Credit

1.0 hours of CLE credit in 60-minute states/1.2 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.0 total NY CLE credits.

Elimination of bias credit has been requested in states with elimination of bias requirements.

The following states accept ABA teleconferences for CLE credit:
AL, AK, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, WY.

*States currently not accrediting ABA teleconferences: DE, IN, PA, KS, OH

Teleconference / Live Audio Cast Hours: 

4:30 PM-5:30 PM Eastern

3:30 PM-4:30 PM Central

2:30 PM-3:30 PM Mountain

1:30 PM-2:30 PM Pacific

To Register or for More Information: 

Register by Phone:  800.285.2221 / Monday – Friday 
8:30 AM – 6:00 PM Eastern Event Code: cet0rbe   http://bit.ly/dkP9EQ

Law Firms Should Syndicate Social Media for Maximum Results

From the National Law Review’s  Business of Law Featured blogger Margaret Grisdela of Legal Expert Connections  provides some nice specific things to do for attorneys getting started in social media: 

Attorneys who want to make time for social media among the competing demands of court deadlines, client meetings, and practice management can increase their online visibility with a few simple publishing techniques.

This article shows you how to create and implement a social media syndication plan that will increase your law firm’s Internet marketing visibility. Learn how you can develop and leverage your firm’s customized content to populate a broad range of social media outlets.

Common social media applications for lawyers include LinkedIn, Facebook, Twitter, and blogs. Broadly speaking, social media refers to any type of Internet and mobile-based tool for online networking, collaboration, and information sharing among web-based communities.

Getting Started With Social Media

Launching a social media campaign is actually quite simple. Signing up for LinkedIn, Twitter, and even a blog can be done in a few minutes. Momentum may quickly wane, however, when a busy attorney faces the on-going challenge of creating fresh content.

Start strategically by creating a 6-12 month editorial calendar. Let’s say you have an intellectual property law firm, encompassing several types of services. Pick one topic for each month.

Topics for three months of a calendar quarter could be: 1) copyright law; 2) patent protection; and 3) trademarks. Next, break each monthly topic down into four weekly supporting articles. For example, copyright law topics could be: a) fair use guidelines; b) protecting a copyright; c) international copyright issues; and d) negotiating licensing agreements.

Now that you have your calendar, you can start to write your articles in advance. Of course, the schedule can be interrupted or supplemented as needed to reflect breaking news.  Each blog post should be at least 250-300 words, including strategic use of keywords to attract visitors through search engine marketing. Writing for the web actually means writing for both Google and your actual site visitors.

Leverage your Social Media News Feed

Select one primary point of publication for your social media news feed. A blog works well for this purpose through the use of the “RSS” feed.  RSS is an acronym for “really simple syndication,” which means that your blog acts as a real-time news feed that can be used to distribute your content to other social media applications. Interested readers can also automatically subscribe to your blog using the RSS feed.

As a starting base, make sure all your social media accounts are properly set up and populated with a description of your law firm.

Plan to publish one main article from your editorial calendar to your blog at least once a week (more is better). It is fairly easy to use free services like HootSuite orNetVibes to then automatically transmit your blog posts to your Twitter, Facebook, and LinkedIn accounts. Alternatively, many social media services make it easy for you to automatically import blog posts by simply specifying the RSS feed within your profile.

You can easily extend your reach to multiple social media outlets without the need for additional time or effort when you leverage your original blog articles using these techniques.

Appoint a Social Media Manager

An essential ingredient in social media success is to put someone in charge of your campaign. Lawyers should be practicing law, so even the best laid plans for an attorney to manage a blog or other Internet marketing campaign will quickly fall to the wayside in the face of court and client demands. Look for a seasoned legal marketer with Internet marketing skills who understands the importance of complying with attorney advertising and other ethical guidelines to help manage your social media campaigns.

Business development through thought leadership marketing is a leading reason many attorneys are attracted to a blog and other social media services. The right legal marketing partner will understand strategic planning issues, the importance of keyword placement in blog posts, and the type of audience you wish to reach. They may even help you draft preliminary blog posts for your editing and publication.

Monitor Social Media Feedback

Social media is interactive, meaning that prospects and followers will comment on your posts and otherwise interact with your material. Prompt responses will make a favorable impression on your audience.  In addition to publishing fresh content regularly, you will want to watch for direct comments, republication (like “retweets”), and independent commentary. 

© Legal Expert Connections, Inc.

About the Author:

Margaret Grisdela is President of Legal Expert Connections, a national legal marketing agency serving law firms and litigation experts in the U.S. and internationally. She is the author of the legal marketing book “Courting Your Clients,” which presents a proprietary methodology for business development. An accompanying guide, the “Courting Your Clients Legal Marketing Playbook,” will be available to clients in November. Ms. Grisdela brings over 30 years of experience in marketing, publishing, and information technology to each engagement. She helps clients launch or expand successful practices in the legal field through integrated marketing programs including article placement, speaking, search engine optimized websites, publicity, and direct mail. A leader in professional organizations, she served as 2008 Co-Chair of the Legal Marketing Association South Florida City Group, and 2005 President of the Florida Direct Marketing Association. She holds a B.A. from Wayne State University and an MBA in Finance from The George Washington University. www.legalexpertconnections.com / 561-266-1030

National Forum on Clinical Integration Washington DC Nov. 16th-17th

The National Law Review is a  media sponsor of the National Forum on Clinical Integration  Monday, November 15 to Wednesday, November 17, 2010 Hilton Washington Embassy Row, Washington, DC   

Use Discount Code “NLR” and receive a $200 discount off your registration.

Health Care Reform is now a reality. You’ve heard the basics – now it’s time to learn the practical answers and solutions for developing long-term sustainability of commercial and PPACA integrated models

There is no time to waste – You must have strategies for forming, structuring, and implementing Accountable Care Organizations and other integrated models to stay competitive in the evolving health care market

Come to one forum that will help you understand how ACOs and other integrated models can be reconciled with existing delivery structures

The National Forum on Clinical Integration is your premiere guide to navigating the complexities of structuring and implementing Accounting Care Organizations and other integrated health care models in the wake of landmark Health Care Reform legislation.  The Patient Protection and Affordable Care Act (PPACA) expressly creates specific measures to curb, transform, and reduce spending while increasing quality of care through the introduction of ACO pilot programs that will have a tremendous impact on the legal and compliant structure, organization, and implementation of integrated care and health care delivery systems.

CLE credit has been approved in NY and CA  accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements.

Register now – Space is Limited and Seats Are Already Filling Up Fast
www.AmericanConference.com/ACOForum   Also remember to use Discount Code “NLR” and receive a $200 discount off your registration.

Buy-Sell Agreements: Considerations for Funding a Buy-Out

The featured bloggers at the National Law Review for this upcoming week are from the Chicago Law firm of Funkhouser Vegosen Liebman & Dunn Ltd. Partner James F. Growth and Michelle L. Wolf-Boze highlight some of the issues involved with buying out the owner of a business.  

You and your partner(s) have nurtured and grown your business to become a critical piece of your families’ and employees’ financial futures, and now you want to assure that it can survive and prosper when you are gone. One of the issues that keeps many business owners up at night is how their loved ones and their companies will fare if they or one of their partners leaves the business unexpectedly.

A company unprepared for the sudden loss of an owner-manager risks considerable organizational upheaval and financial hardship that can threaten its survival.  Privately-held, owner-managed businesses in particular depend on the leadership and efforts of their owners. If one of the owners dies, becomes disabled, or for some other reason ceases to fulfill her role as employee/manager, equity owner, or both, her remaining partners likely will need to replace her services.

In order to be in the best position to weather this potential storm, business owners often need to include, as part of their estate planning and business succession planning, what is known as a “buy-sell agreement.” A buy-sell agreement is an agreement among the company’s owners that provides the terms for transition of ownership upon an owner’s departure from the company. Preparation and agreement among the owners on the structure and terms of this document can make all the difference in ensuring an effective transition of the business following the death, disability, retirement or other departure of an owner-manager.

One of the big hurdles owners often face in structuring a buy-sell agreement is determining how the purchase of a departing owner’s interest will be funded without bringing in a new owner. Generally, there are three potential funding sources for the internal buy-out of a departing owner’s interest: 1) company cash, 2) the remaining owners’ non-company resources, and 3) insurance proceeds.

For many businesses, however, available cash is in short supply, and owners are unable or unwilling to count on borrowing or drawing upon other personal assets to finance a buy-out. Therefore, owners often turn to insurance products for these events. For example, to address a possible death, companies will purchase life insurance on the life of each owner with death benefits payable to either the company or the surviving owners. These benefits would then be paid to the deceased owner’s family in exchange for his equity in the business.

While the life insurance option solves the liquidity problem, many business owners find it has some unattractive drawbacks. Chief among them, many entrepreneurs are troubled by the idea that their families will receive only the proceeds of insurance, the premiums for which were paid out of the cash flows of their companies, in return for their equity in the businesses they worked so hard to build. They see that the end result is the same as if they had purchased the life insurance themselves (using the same dollars that would have been used by the company to buy the insurance), named their family members as the beneficiaries, and given their equity to their business partners. There are also tax issues that can result in a family paying more in estate taxes than they receive for the business in this scenario. For these owners, it is not acceptable to have their families, in effect, receive nothing for their equity if they die before they can either sell their companies or implement a succession plan.

Instead, owners may prefer to purchase and hold life insurance policies through tax-advantaged vehicles (such as irrevocable life insurance trusts) in amounts that are based on their families’ financial needs, rather than the estimated values of their businesses, and to use “seller financing” for a separate redemption of their ownership interests out of the cash flows of their businesses over a period of time following their deaths.  In this financing arrangement, the purchaser of the departing owner’s interest would make installment payments of the purchase price, plus interest, to the owner or the owner’s family over a number of years, and the family’s need for immediate cash would be satisfied through separate life insurance.

Regardless of your preferences for funding the buy-out of an owners’ interest, planning for the untimely exit from your company of you or one of your partners is critical. A carefully designed buy-sell agreement can provide valuable clarity and piece-of-mind for all of the stake-holders in an owner-managed business. Careful planning can minimize the tax costs while providing financial security for all owners’ families.

© Copyright 1999-2010, Funkhouser Vegosen Liebman & Dunn Ltd. All rights reserved.

About the Authors:

Jim Groth joined Funkhouser Vegosen Liebman & Dunn Ltd. upon his graduation from Northwestern in 1992 and is a member of the Firm.. Jim has extensive experience in mergers, acquisitions, divestitures, multinational business combinations, international trade transactions, international taxation issues, securities transactions, complex litigation including securities fraud litigation, labor and employment and various types of business financing transactions.312-701-6830 /www.fvldlaw.com

Michelle Wolf-Boze  joined FVLD after graduating from Law School. Since joining the firm, Michelle has gained experience in estate planning and administration, commercial real estate and general corporate matters. Michelle has represented both tenants and landlords in drafting and negotiating commercial leases for retail, office and industrial space. Michelle has also drafted a variety of corporate and employment-related agreements.312-701-6819 /www.fvldlaw.com


 

Fast Track Mastership of Legal Social Media- One Day Seminar / Webinar Oct. 21st Washington DC

The National Law Review would like to make you aware of a one day seminar / webinar presented by MyLegal.com designed to help lawyers gain a fast track mastership of legal social media. 

“I don’t think it’s too late to embrace social networking, it just rather disappoints me that other professions use these technologies, and lawyers for some reason are always rather late to the party. I have little doubt that within five years, social media, social networking systems, will play a central role in the daily lives of lawyers.”  Richard Susskind, September 2010.

The conference will be held on Thursday, October 21, 2010, at the Georgetown University Hotel and Conference Center in Washington, D.C. The conference will sell out at 300 on-site participants, so we will be introducing to the legal community a new technology called SMASH.  This technology aggregates the video stream of the sessions, along with the tweets, blogs and photos related to the conference, in one convenient landing page, allowing off-site attendees to experience the conference in a unique and interactive way.

By following the conference Twitter conversation directly from the SMASH page, off-site attendees can join in the live conversation while simultaneously seeing the speaker and checking out the live conference photos.  These are interactions and connections that might not otherwise have been made. 

After the conference, registered users will have access to the video of the sessions, along with the speaker presentations.  The sessions will also be available via iTunes, allowing registered users to listen and learn while on the way to work, running errands or housework (ugh)!  Multi-tasking is King!  After listening to the sessions, users can continue the conversation and commentary online.

Conference speakers / topics scheduled to be included are:

Matthew Asbell, Esq., Certified Legal Social Media Strategist will speak on the use and protection of trademarks in social media marketing.

Nicole Black, Esq., founder of lawtechTalk.com and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.

Larry Bodine, Esq., legal marketing expert and author of the Lawmarketing Blog will speak on business development with LinkedIn.

Steve Crandall, J.D., expert in digital media and business applications of social networks will speak on social media and the law.

Adrian Dayton, Esq., author of “Social Media for Lawyers: Twitter Edition” and the “Legal Marketing: Social Media Edition” blog will speak on starting to bringing in business with social media

Carolyn Elefant, Esq., creator of MyShingle.com, the longest running blog on solo and small firm practice, and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.

Sharon Nelson, Esq., author of the electronic evidence blog “Ride the Lightning” and co-host of the ABA podcast series “The Digital Edge:  Lawyers and Technology” will speak on on social media: ethical, compliance, E-discovery and liability implications.

Conrad Saam, runs marketing for Avvo, where he oversees the firm’s SEM, SEO, social media, online marketing, email and web analytics initiatives will speak on getting the most out of Avvo.

John Simek, co-author of “The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines” and “Information Security for Lawyers and Law Firms” will speak on on social media: ethical, compliance, E-discovery and liability implications.

For more information, conference schedules and registration forms, please visit:  http://mylegalmedia.com or call 253-405-7910.

Powerful Prospecting Starts with a Plan

The Business of Law Featured Guest Blogger this week at the National Law Review is Margaret Grisdela of Legal Expert Connections.  Margaret provides some great, concrete ‘things to do’  for effective legal business development.  Read On:  

Social media is all the rage these days, and it is indeed an effective way to maintain high visibility in the legal marketplace. Social media is only one piece in the business development puzzle, however.

Rainmaking success works best with an integrated marketing plan. There are many communications channels available to build your prospect list, and finding the mix for your law practice will reward you with new business opportunities.

Here are the top seven proven lead generation techniques for legal marketing:

1.  Speak.

Addressing an audience of prospective clients is one of the best possible ways to demonstrate your legal knowledge. While most of your preparation will focus on the presentation itself, lead generation is accelerated when you make the time to promote the event in advance and then quickly follow up on all your leads after the event. Make a point to get a list of all audience members, even if you have to give something away in exchange for a business card.

2.  Publish.

Getting your name in print as an author essentially provides an independent third party endorsement of your legal expertise. A well written article in a highly regarded legal or trade publication will contribute to your business development efforts for years to come.

3.  Prioritize your referral network.

Most attorneys maintain an informal list of referral sources. Take this a step further by writing down your best 5-10 referral sources, and assigning a priority to each contact person. Schedule a meeting with your “A” sources every 30-45 days, your “B” sources every 60-90 days, and stay in touch with your “C” sources with less time-consuming methods like email or a phone call. Constantly work to refine your list to maximize performance, and remember to reciprocate with qualified leads for your referral partners.

4.  Market to current and past clients.

Your best source of new revenue in the short run is hidden in your client list. Stay in touch with clients at least 4-6 times per year through newsletters, client alerts, or events to increase retention rates, up-sell, and cross-sell.

5.  Maintain a prospect list.

Refine your “ideal client” profile to the point that you can compile a list of at least 25 key prospects, identified by firm name and contact person. Work this list diligently in a continual effort to move to the “next step” of gaining the client. Start by identifying a mutual acquaintance who might provide an introduction, or an organization where your prospect is active. Move from getting acquainted to building trust, assessing needs, suggesting solutions, demonstrating your value equation, and closing the deal. The entire process may take months or even years, so be patient but politely persistent.

6. Leverage organizational memberships.

Whether it’s a bar association or an industry organization, turn your memberships into new business through speaking opportunities, newsletter articles, webinars, or by serving on a committee that gives you access to decision makers.

7.  Internet marketing.

Your website bio page is a good starting point. Make sure it is current and provides a recent headshot. Next evaluate your website to confirm that it is easy to navigate, frequently refreshed, and structured for search engine visibility. Online legal directories abound. LinkedIn is an easy first step into the social media scene, followed by blogs. There are so many Internet marketing options that space simply does not permit full coverage.

A strategic attorney marketing plan can serve to tie all of your business development efforts together around a focused practice.

While all these marketing activities can seem like a juggling act, there are a few techniques that will streamline the process.

Create a marketing calendar that includes your desired frequency for each campaign. For example, you should try to speak at least 2-4 times per year. You may want to get published twice a year. By putting these goals on your calendar, they are easier to manage and achieve.

Take a few minutes to identify 3-5 newsworthy topics within your area of expertise. You can then incorporate these topics into all your marketing efforts, such as speaking, publishing, newsletters, blogs, social media, etc.

A database can be your best friend in recording and tracking your prospects, outreach efforts, and follow up dates. This can be a simple Excel file, Microsoft Outlook, or a more complex customer relationship management system.

© Legal Expert Connections, Inc.

About the Author:

Margaret Grisdela is President of Legal Expert Connections, a national legal marketing agency serving law firms and litigation experts in the U.S. and internationally. She is the author of the legal marketing book “Courting Your Clients,” which presents a proprietary methodology for business development. An accompanying guide, the “Courting Your Clients Legal Marketing Playbook,” will be available to clients in November. Ms. Grisdela brings over 30 years of experience in marketing, publishing, and information technology to each engagement. She helps clients launch or expand successful practices in the legal field through integrated marketing programs including article placement, speaking, search engine optimized websites, publicity, and direct mail. A leader in professional organizations, she served as 2008 Co-Chair of the Legal Marketing Association South Florida City Group, and 2005 President of the Florida Direct Marketing Association. She holds a B.A. from Wayne State University and an MBA in Finance from The George Washington University.  561-266-1030 / www.legalexpertconnections.com

 

 

ABA's Fourth Annual National Institute on Criminal Enforcement of Intellectual Property Rights November 5th San Francisco, CA

The National Law Review is proud to support the ABA’s Fourth Annual National Institute on Criminal Enforcement of Intellectual Property Rights November 5th at the Hotel Nikko in San Francisco, CA. 

This comprehensive, one-day program will provide in-depth information concerning the complex issues that arise in connection with criminal enforcement of intellectual property rights (primarily involving trade secrets, copyright, and trademarks). The program consists of five panels whose members are key government insiders; policy makers; Assistant U.S. Attorneys; defense counsel; trade group leaders; and rights holders. Panel topics focus on current issues, trends, legal strategies, private industry case development and criminal referral, parallel proceedings and ethical issues in intellectual property enforcement.

This program brings together defense attorneys, prosecutors, members of law enforcement, policy makers, and business leaders to discuss hot topics and legal trends in the rapidly evolving field of intellectual property enforcement.

Mandatory continuing legal education (MCLE) accreditation has been requested from all states which require continuing legal education. 5.75 hours of CLE credit have been requested from those states recognizing a 60-minute credit hour and 6.90 hours of CLE credit have been requested from those states recognizing a 50-minute credit hour.

For more information & to register – click here: