Category: law firm

Supreme Court’s Decision In Famous Hale & Norcross Mining Case

Having read Professor Stephen Bainbridge‘s post about the origins of the judicial doctrine that directors must act on an informed basis, I passed along a reference to the California Supreme Court’s in Fox v. Hale & Norcross Silver Mining Co.,  108 Cal. 369, 41 P. 308 (1895).   The Hale and Norcross mine was a famous silver and gold mine in Nevada’s Comstock mining district.  Samuel Clemens (aka Mark Twain), who had worked in Virginia City, Nevada, even bought shares in the mine on margin, as he related in Chapter 15 of his autobiography:

“One day I got a tip from Mr. Camp, a bold man who was always making big fortunes in ingenious speculations and losing them again in the course of six months by other speculative ingenuities. Camp told me to buy some shares in the Hale and Norcross. I bought fifty shares at three hundred dollars a share. I bought on a margin, and put up twenty per cent. It exhausted my funds. I wrote Orion [his brother and the first and only Secretary of the Nevada Territory] and offered him half, and asked him to send his share of the money. I waited and waited. He wrote and said he was going to attend to it. The stock went along up pretty briskly. It went higher and higher. It reached a thousand dollars a share. It climbed to two thousand, then to three thousand; then to twice that figure. The money did not come, but I was not disturbed. By and by that stock took a turn and began to gallop down. Then I wrote urgently. Orion answered that he had sent the money long ago–said he had sent it to the Occidental Hotel. I inquired for it. They said it was not there. To cut a long story short, that stock went on down until it fell below the price I had paid for it. Then it began to eat up the margin, and when at last I got out I was very badly crippled.”

Samuel Clemens disappointing investment predated by a number of years the litigation that resulted in the California Supreme Court’s opinion.

The Hale and Norcross mine was located in Nevada, but the corporation that owned it was incorporated in California.  That is why the shareholders sued the directors in the Golden, rather than the Silver, state.  The Supreme Court’s decision was big news.  The day after the decision was issued, The San Francisco Call published this lengthy article that not only described the case, but also published the decision itself and a drawing of the plaintiff, M.W. Fox.

Article By Keith Paul Bishop of Allen Matkins Leck Gamble Mallory & Natsis LLP

For more Supreme Court and litigation legal news, click here to visit the National Law Review.

© 2010-2022 Allen Matkins Leck Gamble Mallory & Natsis LLP

THE NEXT TCPA MEGA-TRIAL APPEARS TO BE SET: Coldwell Banker and Realogy Appear to Be Headed to the Jury On $225MM TCPA Claim

As I reported a couple months back, a Court in California certified a TCPA class action against brokerage giant Realogy related to calls made by Coldwell Banker agents, amongst others.

The classes have enough members to put at least $225MM at stake in the case (and it could be a lot more.)

Well just last Thursday the Court just denied Reaolgy’s request to seek reconsideration of the certification ruling. So Realogy appears to be stuck in a certified class action, which is barreling toward trial.

In fact, the Court just issued an order setting a pretrial conference for November 10, 2022, and trial is set for November 28, 2022!

In the meantime, the Court also just denied motions challenging the Plaintiff’s expert Anya Verkhovskaya, meaning that she’ll get to testify at trial.

TCPAWorld hasn’t seen a true mega trial–i.e. a trial of a certified class action with nine (or ten) figure exposure in some time. Will be extremely interesting to see where this goes.

And while Realogy has added new counsel recently, I don’t see any true Czar-level “monster trial lawyer” types on their side just yet. (Maybe I’m missing it.)

Definitely don’t want to walk into this unless you’re loaded for bear folks.

Anyway, I’ll keep an eye on this one. I suspect it will settle for some ridiculous number. But if not I may send Kiera down to take notes on the trial. We’ll see.

Article By Eric J. Troutman of Troutman Firm

For more communications, media, and internet legal news, click here to visit the National Law Review.

© 2022 Troutman Firm

August 2022 Legal Industry News Updates: Law Firm Hiring and Expansion, Industry Awards and Recognition, and Women in the Legal Field

Welcome back to another edition of the National Law Review’s legal news roundup! We hope you remain safe, healthy, and cool as the summer winds down. Read on below for the latest in law firm hiring and expansion, industry awards, and a spotlight on women in the legal industry!

Additionally, be sure to check out the latest episode of our podcast, Legal News Reach, featuring Chris Fritsch, founder of CLIENTSFirst Consulting!

Law Firm News and Updates

Sunstein LLP has added attorneys Shane Hunter and T.J. Clark as partners. Previously the founders of Hunter Clark PLLC, an intellectual property law firm, both attorneys focus their practice in this field: Mr. Hunter assists individuals in developing billion-dollar companies and helps to protect their intellectual property. Mr. Clark’s practice focuses on patent prosecution and intellectual property portfolio counseling for software and web-based business methods, biomedical devices, and semiconductor processing.

“Shane and T.J. bring impressive backgrounds as engineers and skills as attorneys that greatly complement our firm’s focus on helping technology clients leverage their diverse IP portfolios,” said Chair of the Sunstein Patent Group, Kathryn Noll. “They are a great addition to our team.”

Insurance attorney Graham Pulvere has joined Wilson Elser’s Birmingham office as a partner. Mr. Pulvere’s practice focuses on litigating insurance coverage and bad faith actions. With experience representing clients in areas such as legal malpractice actions, bar disciplinary proceedings, and errors and omissions actions against insurance agents and brokers, he will be joining the Insurance & Reinsurance Coverage and the Professional Liability & Services practice group as well as the London Practice.

London Practice Chair David Holmes said, “Graham has significant experience working with the London market on first-party and bad faith matters and will add to our strong ability to handle complex coverage and bad faith matters not only in Alabama but also in Mississippi and Louisiana.”

Steptoe & Johnson welcomes associate Evan Janc to the business litigation practice group. Practicing in the firm’s Dallas office, Mr. Janc has experience representing clients in construction litigation, public finance, and real estate in front of Texas state agencies and government entities. Evan also analyzes and drafts construction contracts and real estate agreements.

Sidley Austin LLP added Jay Jariwala, Senior Director, Regulatory Compliance to the firm’s Food, Drug, and Medical Device Compliance and Enforcement practice. Joining the firm’s Washington, D.C. office, he previously served in the FDA’s Center for Drug Evaluation and Research, Office of Compliance, and Office of Manufacturing Quality. Mr. Jariwala brings more than 13 years of regulatory and leadership experience to Sidley.

Raj Pai, partner and global leader of Sidley’s Food, Drug, and Medical Device Compliance and Enforcement group, said, “We’re happy to welcome Jay to our growing team of former FDA officials who have world-class experience and insights. Jay’s background will strengthen our team’s ability to help clients understand, assess, and address compliance concerns effectively.”

Industry Awards and Recognition

Benjamin F. Wilson, former Chairman of Beveridge & Diamond PC, has been honored with the 2022 Environmental Achievement Award from the Environmental Law Institute. Recognized for his visionary leadership and service to local communities over the span of his entire career, Mr. Wilson has provided representation on a wide range of clients on environmental matters, both at Beveridge & Diamond and in other private practices. He has previously served in the Civil Division of the U.S. Department of Justice, and he established the African American General Counsel and Managing Partner Networks in 2012, as well as founding the Diverse Partners Network in 2008.

“Ben is a remarkable environmental lawyer whose impact reverberates so far beyond his immediate circle. An astounding number of people call him a mentor, and his lasting impacts are felt not only in the legal profession, but across diverse communities nationwide,” said Jordan Diamond, President of the Environmental Law Institute. “He spent a career championing the interplay of environmental and civil rights, and we are all better for it.”

Twelve attorneys at Clifford Law Offices have been recognized by Law Bulletin Media as Leading Lawyers. They are as follows:

According to the Leading Lawyers website, less than five percent of all lawyers licensed in each state have received this prestigious distinction. Recipients are selected based on external attorney surveys that ask which of their peers they would most likely recommend to a family member or friend.

Lawmatics has recently been ranked as a high performer in G2’s Summer 2022 Grid®️ Report for Legal Practice Management Software. G2, formerly known as G2 Crowd, is a peer-to-peer review site that collects information for various types of business software; to qualify for the Grid®️ Report in the Legal Practice Management category, the product must:

  • Manage law firm client information

  • Store relevant legal documents

  • Integrate with or provide functionality similar to legal case management solutions

  • Be designed for independent law firm use

In addition to the high overall satisfaction rating that Lawmatics boasts, the Summer 2022 report also found that 100% of Lawmatics customers rated the service 4 or 5 stars, 92% stated they were likely to recommend Lawmatics to their peers, and 90% believed their quality of support goes “above and beyond.”

Women in the Legal Field

The American Bar Association awarded five legal practitioners with the 2022 Margaret Brent Women Lawyers of Achievement Award at the ABA Annual Meeting in Chicago on August 7th. The prestigious award has been given to numerous pioneers in its more than 30-year history, including former U.S. Supreme Court Associate Justices Sandra Day O’Connor and Ruth Bader Ginsburg. This year, the recipients were health law and bioethics innovator Michele Goodwin, IP expert and radio personality Christina L. Martini, AbbVie executive Laura J. Schumacher, corporate executive and DEI leader Wendy Shiba, and Myra C. Selby, the first African-American woman to serve as Associate Justice for the Indiana Supreme Court.

“We are honored to recognize this spectacular group of women who have been trailblazers throughout their careers,” says Maureen Mulligan, chair of the ABA Commission on Women in the Profession. “They are role models for all women in the legal profession.”

Benchmark Litigation has recognized three Bradley attorneys on their 2022 Top 250 Women in Litigation List.  Birmingham’s Leigh Anne Hodge, Nashville’s Lela M. Hollabaugh, and Huntsville’s Kimberly B. Martin were all selected due to their respected positions in the legal community and overwhelmingly positive client feedback.

Ms. Hodge leads Bradley’s Litigation Practice Group and is a member of the Healthcare Practice Group, where she assists clients with matters related to insurance, medical malpractice, licensing board hearings, and product liability. Ms. Hollabaugh is a lead trial lawyer who has worked on dozens of jury and bench trials while helping infrastructure clients with land acquisition, construction, and operations. She recently co-authored an amicus curiae brief for the U.S. Supreme Court related to the Natural Gas Act and 11th Amendment immunity. Ms. Martin handles international health product liability and white-collar claims.

Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters said, “We are proud of Leigh Anne, Lela, and Kim and congratulate them on their continued recognition as top female litigators. Their inclusion on this prestigious list is well deserved.”

Varnum LLP Partner Maureen Rouse-Ayoub has been featured in Michigan Lawyer Weekly’s 2022 Class of Influential Women of Law. The list celebrates women in the legal profession who have attained excellence in their field and made significant contributions through leadership, mentorship, and volunteering. When she isn’t leading Varnum’s Labor and Employment Practice team out of the Novi office, Ms. Rouse-Ayoub speaks about labor law issues at the Michigan Chamber of Commerce and works with the State Bar of Michigan Labor and Employment Section and Michigan Chamber of Commerce Health and Human Resources Committee. In her spare time, she volunteers with Northern Michigan Adaptive Sports, where she uses special tools and instructions to teach alpine skiing to people with disabilities. Rouse-Ayoub and her fellow awardees will be celebrated at a September 23rd ceremony in Detroit, followed by a September 26th magazine profile.

Article By Chandler Ford, Crissonna Tennison, and Shelby Garrett of the The National Law Review / The National Law Forum LLC.

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Copyright ©2022 National Law Forum, LLC

5 Ways Legal Billing Software Increases Law Firm Revenue

In any business, keeping an eye on the bottom line is essential. For law firms, this can be a challenge, as there are many ways that money can be lost throughout a case. From inefficient time-tracking to inaccurate billing, there are many potential pitfalls. However, there is one solution that can help to increase law firm revenue: legal billing software. Choosing the right legal billing software is essential for maximizing its benefits. Consider time-tracking, billing accuracy, and customer service when evaluating different packages. Take a look at solutions built specifically for the legal industry to get the most out of your investment.

3 Common Ways Law Firms Lose Money

Time Tracking Issues

Many lawyers still rely on manual methods of tracking time by using spreadsheets or notepads. This antiquated approach to timekeeping is fraught with problems, including the potential for lost billable time and revenue, vulnerability to billing disputes, and high administrative costs.

With spreadsheet or notepad timekeeping, it is easy for lawyers to forget to record their time or lose track of their records, leading to lost billable hours and ultimately lost revenue for the firm. Manual timekeeping doubles the work since someone must manually enter all data into the system.

Manually keeping track of time leaves attorneys vulnerable to billing disputes. If a client questions a lawyer’s billing records, it can be difficult for the attorney to prove that the charges are accurate without detailed and meticulous records.

Invoicing Frequency

When it comes to law firm revenue, timely billing is everything. The longer you wait to send a bill, the longer you wait to get paid. Clients can’t pay a bill they haven’t received.

Not billing promptly sends the message to your client that prompt payment is not that important to you. Sending your invoices at the end of each month helps to avoid confusion or miscommunication and ensures that you and your clients are on the same page.

Billing Bottlenecks

Getting paid by clients is a significant problem for 61% of small law firms, according to 2019 research conducted by Thomson Reuters Legal Executive Institute. Law firms that don’t provide clients with various payment options, like online payments and accepting credit card payments, are more vulnerable to decreased law firm revenue due to not getting paid on time.

What is Legal Billing Software?

Legal billing software is downloadable or cloud-based that helps lawyers accurately track their time and invoice their clients. A robust software, like Bill4Time, will have the capability to track time, LEDES billing format, create custom invoices, accept online payments, and meet state bar regulations for billing. Law firms use dedicated legal billing software to improve their bottom line by improving invoicing processes and reducing inaccurate time management and billing bottlenecks.

What Billing Software do Law Firms Use?

Lawyers are always looking for ways to be more efficient and maximize their billable hours, so they prioritize cloud-based software solutions that have integrated time tracking, easy invoice options, and a client portal for online payments.

Law firms need industry-specific features like trust & IOLTA accounting which allows lawyers to reconcile trust accounts without a secondary application. They also look for software that provides LEDES billing, the most widely used e-billing standard for law firms invoicing corporate clients.

Why Does My Law Firm Need Legal Billing Software?

As a law firm, you know that time is money. Every minute spent on administrative tasks is a minute that could be spent on billable hours.

Automate the billing process

You, and your team, enter matter information as time-tracked once, and the software will take care of the rest, generating invoices and sending them out to clients on your behalf.

Manage your cash flow

You will always have a clear record of what has been billed and remains outstanding. You can responsibly allocate your resources to maximize your profits.

Track payments and expenses

Having this information organized and readily available can save you a great deal of time and hassle when it comes time to file taxes or apply for loans or lines of credit.

Billing automation will save you and your team considerable time each month, which can be spent growing your business.

How to Identify the Best Legal Billing Software

When choosing legal billing software, there are a few key factors to keep in mind.

Choosing a program compatible with your firm’s existing tech stack, including your law practice management software, is critical to success. Consider the cost, ease of use, and customer support options. Mobile access is also crucial for lawyers who can access their files on any device — iPhone, iPad, or Android.

And finally, security is always a top priority when it comes to sensitive legal information. Look for software that has industry-standard security protocols in place to protect your data.

By keeping these factors in mind, you’ll choose the best legal billing software for your needs.

Best Practices for Implementing a Legal Billing Software

There are many different types of legal billing software on the market, and it can be challenging to decide which one is right for your law firm.

When choosing new software for your law firm, there are a few important factors to remember:

  • You must ensure that the software is compatible with your existing legal practice management software.

  • Be sure to clearly understand your law firm’s billing policies before setting up the software to ensure everything is billed correctly.

  • The software should be easy to use, but you still need to take time to train your staff on how to use the new software.

  • You want a responsive and helpful company when you run into problems. If you run into issues, you can contact the support team.

A little upfront investment will pay off in the long run by preventing billing mistakes and increasing efficiency. Following these simple tips, you can set your law firm up for success with legal billing software.

Increase Law Firm Revenue with Legal Billing Software

Ultimately, you can improve your firm’s bottom line and the client experience by investing in legal billing software. Here are five ways a legal billing software can help you achieve success:

1 ) Accurate Time Tracking

Time entry and expense tracking are crucial for any organization looking to boost productivity and improve profitability. Yet many organizations struggle with manually tracking time and expenses, leading to inaccuracies and lost data. The software makes tracking time and expenses by the user, client, or project easy.

Move beyond the notepad, and start tracking your time with a cloud-based software solution.

Whether on the go or at the office, easy time entry makes it simple to run timers simultaneously, record multiple time entries on one screen, and automatically convert appointments into time entries. You’ll always know your organization’s productivity and financial status with daily and weekly time summaries.

2 ) Automated Billing

Automated billing and online payments can make it easier for clients to pay their invoices, resulting in quicker payment turnaround times. Clients tend to delay payment if they don’t understand the invoice. Prevent this from happening by providing detailed and informative invoices.

With legal billing software, you can set up invoice templates with custom settings such as your billing policy and payment links to pay online —  you can even perform batch invoice creation to save administrative time.

You can even extend your brand while increasing workflow efficiencies by personalizing and creating branded invoices with your logo.

3 ) Online Payments

Online payments are becoming increasingly popular, and customers expect businesses to offer this option. You may even miss out on potential customers if you don’t offer online payments.

Online payments allow firms to quickly and easily receive payments from clients. This can be done via credit card, debit card, or even PayPal. In addition, online payments are more secure than traditional methods, such as mailing a check.

4 ) Custom Reporting

Real-time data is essential for any growing business and managing cash flow. You’ll want a solution with comprehensive reporting to manage your firm’s financial performance better and identify trends to ensure success—review payment history, balance due, collections, expenses, productivity, and summary reports.

Legal billing software should be able to run user activity reports, so you can get detailed insights into how your team works, including efficiency, expense, schedule, and internal tracked time.  This data can help you identify areas of improvement so your team can work smarter, not harder.

5 ) Enhanced Client Experience

Client portals are a great way to provide your clients with more information and control over their billing. Empower your clients to log in, view their account balances, make payments, and see a detailed fee history.

Grow Your Law Firm Revenue with Legal Billing Software

The legal industry is one of the most competitive and rapidly-changing fields. To succeed, law firms must be cutting edge in all aspects of their business – including billing. With so much at stake, it’s no wonder that more and more law firms are turning to legal billing software to help them stay ahead of the competition.

This article was authored by Dan Bowman of Bill4Time.

For more business of law legal news, click here to visit the National Law Review.

©2006-2022, BILL4TIME. ALL RIGHTS RESERVED.

DOJ Forces $85M End to “Long-Running Conspiracy” to Suppress Poultry Wages

Three poultry processors and a consulting firm that circulated wage information among them have entered a consent decree with the Department of Justice to end a “long-running conspiracy to exchange information about wages and benefits for poultry processing plant workers and collaborate with their competitors on compensation decisions,” a violation of the Sherman Antitrust Act. The poultry companies — Cargill Inc. and Cargill Meat Solutions Corp., Sanderson Farms Inc., and Wayne Farms LLC – agreed to pay nearly $85 million. In addition to the payment, the producers must submit to antitrust monitoring for 10 years.

The decree brings a halt to the exchange of compensation information and deceptive conduct toward chicken growers designed to lower their compensation. The DOJ charged two of the poultry processors – Sanderson Farms, which was just acquired via joint venture between Cargill and Continental Grain Co., and Wayne Farms, owned by Continental – with violating the Packers and Stockyards Act. The companies engaged in deceptive practices via a “tournament system” which pit chicken growers against each other to determine their compensation. Jonathan Meng, meanwhile, president of the data firm Webber, Meng, Sahl & Company, is banned from the industry for his role as information broker for the producers.

Cargill is a privately held, multinational corporation based in Minnetonka, Minn. The corporation’s major businesses are trading, purchasing and distributing grain and other agricultural commodities. In 2021, Cargill generated revenue of about $134.4 billion. In the meat and poultry processing industry, Cargill’s $20 billion in revenue in 2021 put it in third place behind Tyson Foods Inc. ($43 billion) and JBS USA Holdings, Inc. ($39 billion) and one notch ahead of Sysco Corp. ($18 billion).

Just days before the settlement, Bloomberg Law reporter Dan Papsucn wrote, Sanderson Farms was acquired for $4.5 billion via joint venture between Cargill and Continental Grain Co. Wayne Farms was already owned by Continental. The acquisition combined the third and sixth-largest companies in U.S. chicken production to form the new Wayne-Sanderson Farms company. Before they were merged, Sanderson Farms and Wayne Farms annually were generating approximately $3.56 billion and $2.2 billion, respectively.

The DOJ’s investigation continues into the activities of several unnamed co-conspirators.  The government’s suit was filed in federal court in Maryland (U.S. v. Cargill Meat Solutions Corp., et al., No. 1:22-cv-01821 D. Md.).

Increased Federal Attention

The poultry industry case demonstrates that the antitrust law enforcers at DOJ, in addition to those at the Federal Trade Commission, remain dedicated to increasing competition in such concentrated labor markets. Worker mobility is something President Biden has promised to protect. FTC Chairwoman Lina Khan is considering new regulations to ban non-competes and to target them with enforcement actions, according to Wall Street Journal reporters Dave Michaels and Ryan Tracy.

Agreements entered without the cloak of legitimate competitive concerns by employers are called “naked” agreements. In 2016 DOJ and FTC jointly declared that naked wage-fixing or no-poaching agreements were per se illegal under antitrust laws. If the agreement is separate from or not reasonably necessary to achieve a larger legitimate collaboration between the employers, the agreement is deemed illegal without any inquiry into its competitive effects. Legitimate joint ventures (including, for example, appropriate shared use of facilities) are not considered per se illegal under antitrust laws. For these legitimate ventures the DOJ advocates the “rule of reason” or “quick-look analysis.” Also in 2016, DOJ said it would proceed with criminal actions against naked wage-fixing or no-poaching agreements.

Of course, support for the legitimacy of non-competes and no-poaching agreements splits along party lines. Sometimes the issue isn’t whether the agreements should be eliminated, but who should eliminate them. The question becomes: Is this the purview of the federal government or is it up to state legislatures?

Private Litigation

Private actions are another consideration for employers. Auto repair chain Jiffy Lube, which is owned by Shell Oil Company, recently agreed to pay $2 million to settle claims that it used illegal no-poaching agreements which prevented franchise owners from hiring current or recent employees of other Jiffy Lube franchises. The settlement will be shared among 1,250 hourly workers in the Philadelphia metropolitan area in Pennsylvania, New Jersey and Delaware.

According to the class action complaint, Jiffy Lube used these agreements to suppress wages and prevent workers from achieving better terms of employment. Employees had to wait six months after leaving one Jiffy Lube shop before attempting to work at another, according to the terms. Workers sued claiming this was a violation of the Sherman Antitrust Act.

The case was filed in U.S. District Court for the Eastern District of Pennsylvania (Victor Fuentes v. Royal Dutch Shell PLC, et al., Case No. 2:18-cv-05174, E.D. Pa.).

Employers Beware

As these cases demonstrate, many employers don’t realize (or may not care) that these types of arrangements can be considered anticompetitive or that their employment agreements can create substantial antitrust liabilities. In addition to public and private litigation, restrictive employment agreements can tank business deals. Imagine your M&A deal craters when a buyer discovers you have a no-poach agreement with competitors.  You might not have seen it as problematic until your prospective buyer walks away because of the risk and your once promising deal is over.

Employers and business owners who wish to protect themselves when employees leave for new positions need to be careful how they go about building their defenses because doing it wrong can mean both civil and criminal charges against corporations and individuals, as these cases illustrate. Critical questions need to be answered in employment agreements and business deals. Is the employer – such as a franchisor – trying to stop intramural poaching within its own system, effectively causing vertical restraint? Or is it trying to legitimately protect itself from losing employees to competitors, or horizontal restraint? These are questions best addressed by counsel with a sophisticated understanding of antitrust law, employment agreements, and mergers and acquisitions.

Article By Jennifer M. Oliver of MoginRubin

For more antitrust legal news, click here to visit the National Law Review.

© MoginRubin LLP

How to Practice Law in a Different State

There are plenty of benefits to being a multi-state lawyer.  Besides the most obvious advantage which is expanding your client base, it can also be practical when you live near a border between two different states. So, if you find yourself asking how to practice law in multiple states, you’re certainly not the first.  

In this article, we’ll detail how to become a multijurisdictional lawyer as well as some of the perks and drawbacks involved.

The Benefits of Practicing Law in Two or More States

Greater Client Base

It’s understandably appealing to be able to take on clients in different states.  It’s economically advantageous to generate more business in multiple locations.  Not to mention one state may have more demand for a certain practice area than another which can be practical for tapping into your niche market.

Furthermore, you may have clients that need representation in different states who don’t want to have to hire multiple lawyers.  Being able to offer all-in-one legal services can give you an edge over the competition. Of course, it goes without saying that you’ll need to allocate a bigger law firm marketing budget to market in not just one but multiple states. Or, just be more savvy with marketing strategies, such as familiarizing yourself with email marketing for law firms.

Greater Flexibility

Life events can spring up suddenly, forcing lawyers to relocate to a different state. Some states may only offer bar exams as little as twice a year, and as such, it can cause a significant delay before being able to accept clients. For many lawyers, anticipating the possibility of relocation without the worry of having to lose a second of work is an important advantage. So, ensuring they can practice anywhere is a nice added security to their business.

Ethical Responsibilities of Practicing Law In Multiple States

As more and more lawyers are working remotely since the onset of COVID, many are  accepting clients in other states.  Unfortunately, in many cases, these lawyers are violating the rules.

Rule 5.5 of the American Bar Association Model Rules of Professional Conduct states that lawyers may not practice in jurisdictions where they are not admitted. The consequences of violating these rules can range from a fine to disbarment depending on the gravity of the violation.   That being said, there are some exceptions to this rule.

For example, a licensed attorney may provide legal services temporarily in a different jurisdiction as long as they are associated with a lawyer who is admitted in that state.

How to Practice Law In Multiple States

Check For States That Offer Reciprocity

Some states offer reciprocity if you meet certain conditions.  Usually, these conditions depend on the amount of time you’ve been practicing and they may consider you eligible to practice in their state depending on the state bar that you’ve already passed.

It’s important to note, however, that you should never assume that just because a state offers reciprocity, you’ll be qualified.  It’s always important to contact the reciprocity state bar to ensure you are up to date with the latest policies otherwise you could risk serious disciplinary consequences.

Take the Uniform Bar

You might need to brush up on your legal education to retake the Uniform Bar Exam. The  Uniform Bar exam, also known as UBE, is a version of the bar exam that lets you practice between states with greater ease.  It’s important to note, however, that each state has its own bar admission requirements for the examination, and the passing score may vary by state. So, although it can be a solution in some scenarios, it’s not a sure thing. This is certainly more convenient than taking New York State, North Carolina, or any other state’s bar exam each time.

Take The Bar Exam For The States You Want to Work In

The most practical way to practice in another state is to pass the bar for that state.  However, there are significant costs and challenges involved which may not be ideal for everyone, and taking the UBE or opting for a state that offers reciprocity is much more common.

Take on Federal Court Cases

In theory, if you’re allowed to practice law in any state then you should be able to do so out of state. Yet, there is still some debate around this topic, and it’s still possible to find yourself in hot water with the state bar if you take this route.

Is Getting Licensed in Multiple States Right For You?

In the big picture, it’s much more convenient to practice in one jurisdiction for your entire career.  Yet, lawyers looking to take their practice to the next level may choose to pursue the route of becoming a multi-state lawyer despite the challenges.

The good news is that thanks to advancements like the UBE and reciprocity laws (as well as advancements in law firm technology), practicing law in another state is much easier than it was 20 years ago.  Deciding whether to get licensed in multiple states will come down to your unique circumstances and above all, how much time you have on your hands.

Getting licensed out of state requires a time commitment and administrative pile-up that may be difficult depending on your firm’s current workload.  Putting in the work it takes to acquire additional state licenses will be much easier if your practice is streamlined with the help of modern legal technology like a CRM and client intake software.  Not only can you access your firm from wherever you are thanks to cloud technology, but automation can help you stay on top of your most important tasks, and put your firm on autopilot while you’re focusing on passing the bar in another state.

FOOTNOTES

Shari Davison,  Reciprocity: What States Can You Practice Law?
https://www.onbalancesearch.com/reciprocity-what-states-can-you-practice-law/

Richard J. Rosensweig, Unauthorized Practice of Law: Rule 5.5 in the Age of COVID-19 and Beyond August 12, 2020
https://www.americanbar.org/groups/litigation/committees/ethics-professionalism/articles/2020/unauthorized-practice-of-law-rule-55-in-the-age-of-covid-19-and-beyond/

Article By Sarah Bottorff of Lawmatics

For more business of law legal news, click here to visit the National Law Review.

©2022 — Lawmatics

In the Weeds? Humira “Patent Thicket” Isn’t an Antitrust Violation

The US Court of Appeals for the Seventh Circuit affirmed that welfare benefit plans that bought the drug Humira did not have valid antitrust claims against the patent owner. The Court found that amassing patents by itself is not enough to give rise to an antitrust claim, and that the welfare benefit plans would need to prove that the patents were invalid. Mayor and City Council of Baltimore, et al. v. AbbVie Inc., et al., Case No. 20-2402 (7th Cir. Aug. 1, 2022) (Easterbrook, Wood, Kirsch, JJ.)

AbbVie owns a patent covering Humira, which is a drug used to treat arthritic and inflammatory diseases. Humira is not covered by the Hatch-Waxman Act because it is a biologic drug, rather than a synthetic drug. Biologics are covered by the Biologics Price Competition and Innovation Act (BPCIA), under which a competitor must ask the US Food and Drug Administration for permission to sell a “biosimilar” drug based on certain guidelines. From the first sale of the original drug, the competitor must wait 12 years to enter the market. If the original drug seller believes that a patent blocks competition and initiates litigation, the competitor is still free to sell its biosimilar drug. The competitor sells at risk of an adverse outcome in the litigation.

The original Humira patent expired in 2016, but AbbVie obtained 132 additional patents related to the drug. After the 12-year BPCIA requirement passed, none of AbbVie’s competitors chose to launch a biosimilar. Instead, competitors settled with AbbVie on terms to enter the US market in 2023. In exchange, AbbVie agreed that enforcement of all 132 of its patents would end in 2023 even if they were not set to expire.

Welfare benefit plans that pay for Humira on behalf of covered beneficiaries accused AbbVie of violating Sections 1 and 2 of the Sherman Antitrust Act. The payors argued that AbbVie’s settlements with potential competitors established a conspiracy that restrained competition in violation of Section 1, and that AbbVie’s “patent thicket” allowed AbbVie to reap unlawful monopoly profits from Humira after expiration of the original patent in violation of Section 2. The district court dismissed the complaint. The payors appealed.

The issue on appeal with respect to Section 2 was whether the payors had to prove that all of AbbVie’s Humira-related patents were invalid. Under the Walker Process antitrust doctrine, a party may be liable for an antitrust violation if it knowingly asserts a fraudulently procured patent in an attempt to monopolize a market. The payors did not argue that all 132 of AbbVie’s patents were fraudulent. The Seventh Circuit reasoned that because the patent laws do not set a cap on the number of patents a person (or company) can hold, the payors would need to prove that each of AbbVie’s 132 Humira-related patents were invalid to succeed in showing a violation under Section 2. Not only did the payors fail to prove that all 132 patents were invalid, but they did not even offer to do so. The Court thus agreed with the district court that AbbVie did not amass a patent thicket to maintain monopoly profits from Humira.

The issue on appeal with respect to Section 1 was whether AbbVie’s settlements with potential biosimilar competitors were anticompetitive. The Seventh Circuit found that the payors could have a Section 1 claim if they were injured by the terms of AbbVie’s settlements with its competitors (for example, by showing that AbbVie overpaid a competitor to defer entry). The terms of AbbVie’s settlements allowed the competitors immediate entry to the European market, and AbbVie agreed to US market entry before its last Humira-related patents expired. The Court found that those terms, as well as the payors’ failure to show that AbbVie overpaid the competitors to delay their entry, rendered the settlements lawful.

The Seventh Circuit therefore affirmed the district court’s dismissal.

Article By Alexandra Lewis of McDermott Will & Emery

For more intellectual property legal news, click here to visit the National Law Review.

© 2022 McDermott Will & Emery

Estate Planning Marketing: Tips & Tricks to Grow Your Practice

To be successful, estate planning law firms must have a comprehensive marketing strategy. We’ll dive into marketing tips that will help you attract new clients and grow your estate planning business. We will begin by addressing estate planning and then discuss the skills required to work in this area. After that, we will dive into a variety of digital marketing tips that you can use to attract more clients. These tips include social media, SEO, email chains, and many others. Finally, we’ll provide a few words about Lawmatics – an online marketing platform designed specifically for lawyers.

As an estate planner, getting in front of as many potential clients as possible is key to a successful practice. But how do you do that? This blog post will discuss tips and tricks for marketing your estate planning law firm. We will begin by addressing estate planning and then discuss how to market your firm using social media, SEO, and email chains. We will also discuss the benefits of using Lawmatics services to help grow your practice!

The rising number of individuals aged has contributed to the increasing demand for estate plan services. Is your estate planning practice effective at attracting more clients? A successful estate planning campaign should incorporate all relevant marketing methods. The best plan for lawyers beginning their clients’ development should be based on a clear plan to leverage their knowledge to gain clients.

Overview of Estate Planning Law

Estate planning is a process that helps individuals and families protect their assets while also ensuring that their wishes are carried out after death. It can encompass various activities, including estate tax planning, drafting wills and trusts, and creating estate administration plans.

A solid estate plan should take into account everything you own. To get you in the proper frame of mind, consider the many forms of property that make up your estate:

  • Real estate and property (e.g., houses, land)
  • Personal property (e.g., cars, artwork, jewelry)
  • Bank accounts
  • Retirement assets, stocks, and securities
  • Life insurance policies

Many individuals overlook all of the aspects that go into a finished estate plan. Estate planning entails more than simply putting your last will and testament in motion. You’ll help families anticipate as many circumstances as possible.

Skills Required to be a Good Estate Planning Lawyer

Estate planning law is a specialization within the legal field that deals with estate-related tasks such as estate tax planning, drafting wills and trusts, and creating estate administration plans. As an estate planning lawyer, you must comprehensively understand these areas to provide sound advice to your clients. In addition, you must also be able to communicate with your clients and understand their needs effectively.

You Think Ahead

Estate planning lawyers must think long-term because they often work with clients for many years. During this time, estate planners are responsible for helping their clients safeguard their assets and ensure their wishes are fulfilled after they die.

You Like to Help People

Some estate planning lawyers work with families through generations. When one client passes away, estate planners may be enlisted by any surviving family members, which means decades of service. Your client relies on you to safeguard their family assets. They entrust you to craft the plan that aligns with local and federal laws, manages taxes, and passes most of the wealth to the beneficiaries upon death.

You Like Dealing with Financial, Trust, and Taxation Issues

You must also communicate with your clients about their financial situation and estate planning goals. Many estate planners need to track a client’s assets, liabilities, and estate taxes.

Why Implement a Marketing Strategy For Estate Planning Attorneys?

Estate planning attorneys face a competitive marketplace that makes attracting clients difficult. An effective marketing program that attracts new business clients will be essential for achieving the company’s objectives and growth.

Beating Out the Old Guard

It can be challenging to break into markets with an “old guard.” Established players in a market often have a decisive advantage, and it can be hard to dislodge them. This is especially true in estate planning, where many attorneys have been practicing for years. Young attorneys must be prepared to work hard and develop creative marketing strategies to attract new business.

Competing Against Do-It-Yourself (DIY) Options

Many individuals may be tempted to take on writing their will themselves to avoid paying for a lawyer’s services. After all, many online resources, like LegalZoom, RocketLawyer, and other DIY kits, are available to help people create a comprehensive estate plan without legal assistance.

Competing with Financial Industry

The financial industry has been increasingly targeting estate planning to expand services. As a result, estate planners must continuously adapt their marketing strategies to stay ahead of the competition. There are many estate planning law firms, but how do you make yours stand out from the rest?

However, we know that estate planning is a complex process that requires the expertise of a qualified lawyer.

Foundations of Marketing Best Practices

A well-crafted marketing strategy can help you attract new clients, expand your client base, and grow your estate planning law firm.

Track Your Leads with Call Tracking

Call tracking is a valuable tool that estate planning law firms can use to track the success of their marketing campaigns. By monitoring the number of calls generated by a campaign, your estate planning law firm can measure the effectiveness of your marketing efforts.

Use a call-tracking service that offers local or toll-free number options, call recording, and detailed reporting.

Use a CRM to Manage Relationships

A CRM, or customer relationship management system, is a valuable tool that estate planning law firms can use to manage their qualified leads and clients.

A CRM can support your estate planning law firm’s marketing efforts by helping you keep track of all the essential details about your clients. With detailed information about each client’s assets, liabilities, and estate, your estate planning law firm can more effectively market to them. Additionally, a CRM can help you track the progress of your estate planning services, so you can more effectively measure the success of your marketing campaigns.

You can attract and retain clients more effectively by using a CRM to support your estate planning law firm’s marketing efforts.

Nurture Leads with Email Campaigns

One of the most effective ways to keep potential estate planning clients in mind is through email nurture campaigns. An email nurture campaign involves sending targeted emails to potential clients to persuade them to become clients. Creating a simple birthday email campaign can delight and remind your potential clients.

Each of the three foundations of marketing efforts – call-tracking, CRM, and email nurture – is necessary for estate planning law firms to succeed in attracting new clients.

5 Channels to Market Your Estate Planning Firm

Estate planning law firms have a unique opportunity to market their services in various ways. Networking, Google My Business, Content Marketing, Social Media, and Paid Advertising are five effective methods that estate planning law firms can use to reach more clients and grow their business.

Estate planning law firms should create a marketing plan that encompasses all of these strategies based on your goals, budget, and target audience.

1. Referrals, Online Directories, & Local Involvement

Start your marketing strategy by leaning on and growing your network. You can’t just sit and wait for clients to come to you. You need to be proactive and generate leads by getting the word out about your law firm.

Referrals and Networking

Start your marketing efforts by tapping into your network and community.

One of the best ways to market your estate planning firm is to receive referrals from other professionals. Financial advisers, accountants, insurance agents, and other attorneys are all potential sources of referrals for estate planning law firms.

Get Involved in Local Events

Attending and sponsoring local events allows estate planning law firms to gain exposure and build relationships with the community. Consider sponsoring a Fun Run or 5k that donates to cancer research, a local choir, theater, or museum, or buy a little league’s baseball shirts.

You show that you care and are committed to the community. Sponsoring local events is also a great way to get links to your law firm website.

When another website links to your estate planning law firm’s website, it is called a backlink. This strongly indicates to Google that your website is an authority on the topic and should be ranked. Backlinks are essential to SEO, and estate planning law firms should take advantage of them to improve their website’s ranking.

Online Directories

One of the most effective ways to market your estate planning firm is by listing your firm in online directories. Online directories are websites that allow businesses to list their contact information, products, and services. Listing your estate planning firm’s online directories can help you reach more clients and grow your business.

Some standard legal online directories you should consider are:

  • Avvo
  • Nolo
  • Justia
  • Lawyers.com and Lawyer.com (yes, they are different)
  • HG.org
  • Martindale-Hubbell

2. Google My Business

While, in a sense, Google My Business (GMB) is an online directory, it is also the best way to get in front of your community. It allows you to control your estate planning law firm’s appearance in search results and Google Maps.

The best part about using Google My Business is that it is a free business listing.

Claim & Fill Out Your GMB Profile

Claiming your GMB profile is the first step in taking control of your estate planning law firm’s online presence. To claim your business, you must log in to Google and either claim an existing profile or create a new one. You will need to coordinate with Google to receive a verification code to verify your profile. The default method for obtaining the code is by postcard to the address.

After you have claimed your listing, it is time to fill out your GMB profile. Your GMB profile should include:

  • Your business name
  • Your contact information (i.e., address, phone, website)
  • A description of your estate planning services
  • Your hours of operation
  • Answer questions

When filling out your Google My Business profile, include keywords that people may use to search for your services in the description.

Use GMB Like It’s Social Media

Did you know that you can post on GMB? When you post new content on your GMB profile listing, you provide local customers with helpful information about your company. This contributes to increasing your local authority.

Treat posts as additional ways to answer FAQs, promote your website, and add additional keywords.

Add Photos and Videos to your GMB Listing

Showcase your firm’s office, team, and services by adding pictures to your profile. Adding photos allows potential clients to understand you and your firm better.

Take it one step further and get 360 photography of your law office- think Street View, but indoors. To get 360 photos on your Google My Business, you must work with a Google Trusted Photographer.

3Optimize Your Website

Creating and updating content on your website will increase your authority on Estate Planning in the search results. The more information you provide on your website will help your site appear prominently online.

Practice Area Pages

When we talk about web content, we don’t only mean blogging. Make sure your website details all of your practice areas. Explain your topic and how you would handle that issue, and end with a call-to-action (e.g., “call today for a consultation).

Blogging for Busy Lawyers

An estate planning firm should consider blogging to keep its website up to date with relevant content. Use your blog to answer questions that your clients ask you over and over again. A blog is a great way to show your expertise on the topic and can also act as a resource for potential clients.

Experiment with other forms of content

Once you’ve built your website and started blogging as part of your estate planning marketing strategy, you can experiment with different media.

Estate planning can be a complex process, and many people have questions about it. Try filming a video to answer some of the most common questions. This is a great way to show your expertise and help potential clients understand estate planning better.

You can also create long-form, helpful content like an eBook that people can download. This is a great way to show your expertise and provide potential clients with additional information about estate planning.

4. Social Media and Reviews

Estate planning lawyers can use social media to connect with potential clients and build their businesses. Estate planning lawyers can attract new clients and grow their practices by creating interesting, engaging content.

Go Where Your Clients Already Are

Your prospective clients are online. They are watching videos, reading articles, and checking social media. Social media can be highly effective for keeping in touch with existing clients, reaching new ones, and expanding your referral network. That said, choosing the proper social media channels is important.

It makes sense for estate planning lawyers to be visible on social media platforms like Facebook, Twitter, and LinkedIn. Lawyers can use these platforms to share blog posts, answer client questions, and connect with potential clients.

Linkedin, Where Everybody Knows Your Game

LinkedIn is the most useful channel for estate planners. LinkedIn users are usually more professional, more established, and better educated, so it’s only natural to have a presence on this platform.

Like most social platforms, you can use it to share analyses or insights about changes in legislation or other timely news. You can promote your new blog articles, share information about your business, and add videos or images to enhance your posts.

Regular posts will help you establish yourself as an estate-planning expert and help you reach more potential clients.

Ask Your Clients for Reviews

Online reviews are incredibly important and give social proof to prospective clients. Make it easy for your clients to leave a review by providing them with a link to your online profiles to leave a review.

In an ideal world, every happy client would leave a 5-star review on Google, but sometimes clients are shy about leaving reviews on Google because it will list their name publicly. If your client feels more comfortable leaving a review on LinkedIn, Facebook, or even an online directory like Avvo—encourage them to do so.

5. Social Media and Reviews

As with all marketing strategies, you want to strike a balance in your approach. SEO and social strategy require consistency over time. Building strong relationships through networking and community involvement also take time.

Paying for advertising is a great way to ensure that your company is always at the top of the search results, and it can keep the phones ringing when your firm is in a slump.

Paid Advertising Campaigns for Estate Planning Attorneys

Law firms can also consider using paid marketing strategies to reach potential estate planning clients. Placing ads in relevant online and offline publications or websites targeting your desired audience can be extremely effective.

Additionally, law firms can use targeted online advertising, such as pay-per-click advertising or display advertising, to reach individuals interested in your services.

Use a Dedicated Landing Page to Track and Convert Leads

If you are investing in paid advertising, you need to take the extra step to include a dedicated landing page for each of your paid campaigns.

If you choose to have your landing page on your website, remove all site navigation so the lead will stay on that page and convert. You can also build out landing pages on platforms that specialize in converting PPC leads.

Your PPC landing page will be specifically designed to capture the contact information of individuals interested in learning more about estate planning services.

The advantage of using a landing page is that you can track how many people are visiting the page and how many are filling out the contact form. This data will be extremely valuable as you assess your ROI for your paid campaigns.

Test Google Local Service Ads

Google Local Service Ads is a relatively new advertising platform that allows you to place ads for their services in the local search results. These ads appear as a sponsored listing at the top of the search results and include a call-to-action button that allows potential clients to contact the law firm quickly.

To be eligible to participate in Google Local Service Ads, all of the attorneys at your firm must meet specific requirements, such as being licensed and insured. Additionally, your firm’s attorneys must undergo a background check conducted by Google.

Despite the effort, Google Local Service Ads can be an extremely effective way to reach potential estate planning clients who are searching for estate planning services in your area because you will appear at the top of search results (even above other PPC ads), and Google will have verified you.

Grow Your Estate Planning Practice With Lawmatics

Some of the most effective marketing strategies for an estate planning practice include creating helpful, optimized website content to address FAQs, sponsoring local teams or charities, and filling out your Google My Business. These strategies will help you reach prospective clients and connect you to the community.

FAQs

? What are the best places for estate lawyers to have an online presence?

There are several great places estate planning lawyers can have an online presence.

A website is a must-have. Your website should accurately represent your practice and what you provide. Consider an search engine optimization (SEO) strategy to optimize your website so that potential consumers may locate you online with ease.

You should also consider social media sites, as they are ideal for establishing connections with potential clients. LinkedIn is a fantastic platform for estate planning professionals to network and develop relationships with new clients.

? How can Google attract clients who need help with wills & estate planning?

You can use Google products like Google My Business and Google Local Service Ads to get in front of prospective clients.

To start, you need to claim and verify a Google My Business listing and optimize it for search engines, making it easier for prospective clients to find you. Once you have your GMB listing, you can write posts related to estate planning.

Google Local Service Ads will display your law firm information at the top of the search results page and push people to call you.

Article By Cate Giordano of Lawmatics

For more business of law legal news, click here to visit the National Law Review.

©2022 — Lawmatics

U.S. Government Pursues More Aggressive Action to Curb Espionage at Universities

The U.S. Governmental Accountability Office (GAO) thinks the FBI and other agencies are not doing enough to address the espionage threat on U.S. university campuses. It issued a report, “Enforcement Agencies Should Better Leverage Information to Target Efforts Involving U.S. Universities” on June 14, 2022, urging the FBI, the Department of Homeland Security, and the Department of Commerce to step up their outreach efforts to address the threat. Commerce, DHS, and FBI have all concurred with GAO’s recommendations. As a result, U.S. colleges and universities to face yet another organizational risk: an increase in campuses visits by export control and law enforcement agents.

The threat: U.S. export control laws consider the disclosure to non-U.S. persons of technology, software, or technical data to be exports, even if the disclosure occurs in the United States.

The overwhelming majority of non-U.S. persons studying and working at U.S. universities are not security risks and are valued members of their academic organizations. But U.S. intelligence agencies have long warned that foreign state actors actively acquire sensitive national security data and proprietary technology from U.S. universities.

A lot of the technology flow abroad from U.S. universities is perfectly legal, for two reasons: First, most university research, even in cutting-edge technology, is exempt from export controls under an exemption known as “fundamental research.” Second, even in cases where the fundamental research exemption does not apply, it takes time for the U.S. government agencies to add new items to the export control lists they enforce; namely the U.S. Munitions List, administered by the U.S. Department of State, Directorate of Defense Trade Controls; and the Commerce Control List, administered by the U.S. Department of Commerce, Bureau of Industry and Security.

But at the same time, either through inadvertence or outright espionage, unlawful transfers of technology to foreign nationals take place. A 2006 report by the U.S. Office of the National Counterintelligence Executive found that a significant quantity of export controlled U.S. technology is released to foreign nationals in the United States unlawfully each year.

Clash of values: One important issue for higher education in addressing trade controls compliance is cultural in nature. U.S. universities value open, collaborative environments which drive and accelerate innovation. For those institutions, the idea of cutting off information flows conflicts with those cultural norms. By contrast, U.S. export controls aim to protect U.S. national security by hindering the flow of sensitive information to potential adversaries.

GAO’s recommendations: The GAO report recommends that U.S. trade control agencies take more aggressive steps to curb foreign access to sensitive technologies at U.S. universities. The recommendations include steps to enhance risk assessment and ranking of universities by risk, and steps to increase agency cooperation in planning and conducting outreach visits to universities. As a direct result of this report, U.S. universities are going to receive more visits from U.S. government agents.

Practical takeaways:

  • Universities: Consider reevaluating your risk. The threat has evolved, and the U.S. government response is also evolving. A risk evaluation using modern tools such as a premortem can help you know where to dedicate resources to update your export control policies, procedures, and training. Any unlawful escape of technology or technical data are much more likely to be detected and punished under the new regime, in part based on the GAO report. Organizations have to evolve with the threat.
  • Students, faculty, and administrators: Consider how to jealously guard your academic freedom, but be wary of the national security risks of sensitive technology falling into the wrong hands.
  • Research sponsors: More and more U.S. university research is sponsored by U.S. companies and government agencies. Research sponsorship agreements play a major role in striving for both national security and academic goals of the U.S. university system. Sponsors need to be sensitive to how these agreements are drafted. Sponsors must be aware of the espionage threat to their technology. But imposing too many restrictions in the contract may undermine the applicability of the fundamental research exemption and hinder the success of the project.

Conclusion: In the face of organizational threats, institutions do best when they heed their values. In the realm of protecting sensitive technology, we must constantly evolve with the threat. But we must also continue to carefully balance national security considerations with our bedrock values of academic freedom and openness.

Article By J. Scott Maberry of Sheppard, Mullin, Richter & Hampton LLP

For more government and administrative legal news, click here to visit the National Law Review.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.

Law Firm Specialization: Why It Matters

While in theory, the idea of casting a wider net may lead you to believe that you’ll catch more fish, the truth is it doesn’t always apply to business. When it comes to catching customers, the more you appeal to one specific kind of customer, the higher your success rate, and the more qualified you’ll be at what you do. Practicing law is no exception. In today’s age, more and more law firms are starting to recognize legal specialization as a necessity for tapping into their target market. Not only does it benefit clients, but it also benefits legal professionals. 

Benefits for Lawyers

Better Client Relationships

When you specialize in an area of law, you intimately know your niche, whether that be corporate law, health law, criminal law, environmental law, or international law.  As such, you can provide the best possible representation to your clients and better pinpoint solutions to their problems as a certified specialist. Exclusively specializing also means that you are well informed of all of the latest updates, news, legal issues, strategies, and changes in that area of law. When compared to having a general understanding of the law, this is a tremendous benefit to your clients since you offer tailored legal guidance unique to their circumstances. A law practice that has handled hundreds of cases similar to their clients’ can anticipate and navigate the nuances of such a case on a much deeper level than someone who doesn’t have the same kind of experience under their belt.

Less Competition

As an expert in a very specific area of law, you effectively position yourself as the easy choice to opt for you over a competing attorney with a more generalized approach. In essence, your competitor pool shrinks significantly. General practice attorneys with a wide breadth of practice areas are going to be competing with every other such law office within a ten-mile (or more) radius. Yet, if your law practice specializes in boat accident cases, you’re likely one of few options, if any, in your respective region, thereby lowering your marketing costs, and potentially increasing client acquisition volume for this legal specialization. Assuming your reputation is top notch, the more specific you can be about your legal services, the more challenging it is for competitors to keep up with you.

Improved Visibility

Law firms that choose to specialize don’t just stand out, but are often featured in publications related to their practice area. The more you can partner with local businesses that are related to or adjacent to your area of expertise, the greater your sphere of influence. For instance, if your practice focuses solely on estate planning for the highly wealthy, you’ll likely opt to leave business cards where the wealthy are bound to spend time, like country clubs, civic clubs or auctions. Get creative with candidates in your referral network; it’ll pay dividends over the lifetime of your business.

Greater Satisfaction

As the saying goes, “do something that you love and you’ll never work another day in your life.” When choosing what you want to specialize in, consider an area that speaks to you on an emotional and even philanthropic level. One of the benefits of choosing a niche is doing something that you truly enjoy day in and day out. Not only will you get a real sense of fulfillment on the best days of your profession but clients can easily sense when your practice area originated from a true passion of yours. Plus, it’s always more advantageous to be a big fish in a small pond as opposed to a small fish in a big one.

Increased Expertise

Expertise involves becoming a thought leader in your area of law. Naturally, mastery requires experience. Attorneys who bounce between different types of cases don’t have the same familiarity with the nuances and challenges as someone who handles the same type of legal representation every time. While it’s always a good idea to have legal malpractice insurance, specializing in one niche area of expertise may also lessen the chances of your law firm having to put it to use. When you are recognized as an expert in your specialization area, you don’t just attract more clients, but you also win more referrals through client trust.

Better Efficiency

Completing the same workflows and legal documents over and over again in quick succession equates to faster completion, since you know them inside and out. As such, specialized lawyers can master the administrative side of running their law firm in a fraction of the time.

In today’s legal climate, more and more legal professionals are turning to automation tools to streamline recurring processes such as client intake and billing. Time-consuming document generation, for instance, can now be done in a matter of seconds rather than hours thanks to automated workflows.

Greater Profitability

When your practice is specialized you’ll increase your value thanks to the power of referrals.  Concentrating on one type of case brings extra knowledge and experience to the table that clients yearn for, who will in turn refer you to their friends and family. Since 80% of a law firm’s business typically comes from referrals, the more targeted you are, the more your practice may benefit from word of mouth.

As a result of your greater understanding of the inner workings of certain cases, you’ll develop a strong reputation for getting clients the results they’re after, ultimately increasing your overall profitability. The more you can offer experience paired with efficiency, the more work you can take on, increasing your overall revenue.

Benefits for Clients

Improved Guidance

When a client seeks out a legal professional that is well versed and focused on their particular needs, they in return receive much better guidance for their specific context. Beyond the legal support that a specialist offers, also comes a deeper understanding of the emotional needs of their client. For more turbulent cases such as divorce cases or immigration, a specialized lawyer can be an enormous benefit to the mental well being of those they have trusted with their case.

Increased Network

Specialists have a wide network of other experts that they can use to the client’s advantage. Because they have a more comprehensive list of contacts to support their case, clients have greater access to leading experts who can provide adjacent services and even strengthen their case.

Better Success Rate

There’s a reason why general practitioners in the medical field typically don’t perform spinal surgery — because it requires unique skills. The same logic can be applied to law. Attorneys specializing in a particular field generally have a higher rate of winning cases in court or settling successfully. Specialized lawyers who see the same case types day in and day out can offer a much higher success rate based on experience and dedication. Those who hire specialized attorneys generally are more at ease knowing they’re in good hands when it comes to their legal proceedings.

When is a Good Time to Consider Specialization?

It can be unnerving to dive into specialization from a generalized legal focus, so it’s important that you read the room first. In order to ensure that whatever you choose to specialize in will deliver the kind of demand that you hope for, answer the following questions using the data at your disposal:

  • What trends are you seeing in the types of cases you currently manage?
  • What is your success rate in those cases?
  • How satisfied were the clients?
  • Which cases have been the most lucrative for you?

If you notice that you take on a considerable amount of one type of case that’s yielding happy clients, then it’s a good indication that it would make a great choice to specialize in. If you don’t feel like you have the experience or know-how to call yourself an authority on one particular niche yet, then allow yourself more time to grow.

Ultimately, there is no defining moment that is the same for every lawyer who chooses to specialize. It all comes down to how much knack and drive you have for one kind of legal resource.

How to Identify Your Specialization Niche

1. Create a Vision

Every achievement starts with a vision. Your vision will be the very foundation of your overall success, and how you are perceived as a brand. When creating your vision, take into account not only your skills but also what drives you. How do you see yourself representing your clients and what do you hope to achieve for them? Are you passionate about one type of law specifically, such as civil rights, intellectual property, or family law? What do you love about practicing law and why? Let these answers be your guiding light when forming a vision for how you hope to stand out.

2. Consider Your Experience

First and foremost, it’s ill-advised to choose a niche that you have no experience in. Choosing to specialize in something that you aren’t well versed in would not only be setting yourself up for failure, but it’s a risk to any potential clients who choose to come your way.

One of the greatest tools you have for narrowing down your choices is consulting with other more experienced lawyers and mentors. Ask them for their advice based on personal stories, recommendations, and experience-based guidance.

Talk to other lawyers that specialize in the area you’re considering and pick their brains. Be direct and ask the questions that matter most like:

  • What are the biggest challenges in this area of law?
  • What are the greatest rewards?
  • What is the success rate?
  • What are the long-term implications?

When you hear about the advantages that law firm specialization can offer, it may be tempting to jump in head first. Yet, it’s important to step back and assess all of your choices. Weigh out the pros and cons, and go back to your overall vision.

Rushing in too quickly can lead to prematurely pigeon-holing yourself into something that ultimately restricts you from your full potential and passions.

Pick a Specialization and Pursue it

There are many advantages to becoming a specialized legal professional. If you can manage to pick a niche and master it, you won’t just find yourself with less competition, but you’ll have a greater devotion to practicing law.

Article By Sarah Bottorff of Lawmatics

For more business of law legal news, click here to visit the National Law Review.

©2022 — Lawmatics