Category: law firm

How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against a number of defendants, with the complaint identifying the defendants as “The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A hereto.” [See, e.g., Opulent Complaint]

The trademark owner may file Schedule A separately from the complaint with a request to the Court that the schedule be placed under seal. Sometimes, trademark owners file the entire complaint under seal. After filing sealed pleadings that shield the defendants’ identities, the trademark owner may then file ex parte motions for temporary restraining orders (“TROs”) against the secretly-named defendants. Because the proceedings are ex parte, the alleged infringer is not given notice of the proceedings or an opportunity to appear. If the Court grants the TRO, the trademark owner may then present the TRO to online marketplaces with a demand that the marketplaces immediately stop selling the allegedly infringing goods. The result may be that an alleged infringer may find all of its activity frozen by the online marketplace, including a freeze on the alleged infringer’s cash held with the online marketplace. This may create cashflow problems for the alleged infringer and prevent the alleged infringer from making future sales. Because its identity is sealed by the court, an alleged infringer may first learn of the TRO after its accounts are frozen.

Schedule A cases appear to be concentrated in the Northern District of Illinois because judges in that district have been receptive to granting ex parte relief. See, A. Anteau, “The Northern District of Illinois v. the Internet: How Chicago Became the Center of Schedule A Trademark Infringement Litigation”; Law.Com, December 19, 2023. At least two judges in that district even provide templates for TROs, preliminary injunctions and default judgments in Schedule A cases. See Northern District of Illinois (uscourts.gov); Northern District of Illinois (uscourts.gov). The justification for the ex parte nature of these proceedings is that it, if notice was required, online counterfeiters (frequently from China) could hide their assets or move their counterfeit products to new sites as soon as an infringement case was filed.

Notwithstanding the foregoing, remedies and relief do exist if an entity is the subject of a wrongfully obtained ex parte TRO. Recently, Ya Ya Creations, a defendant in a Schedule A trademark case, obtained an attorneys’ fees award against a plaintiff that failed to conduct a proper investigation before naming two Ya Ya-affiliated entities as alleged infringers in a case filed in the Northern District of Illinois. [Award of Fees] The dispute began in August 2021, when the plaintiff filed a lawsuit against Ya Ya for trademark infringement and a variety of other causes of action in the Eastern District of Texas. The Texas court transferred the case to the Central District of California in April of 2022. Four months after the transfer, the plaintiff filed a very similar lawsuit against Ya Ya in the Middle District of Florida. On May 26, 2023, the Florida court transferred the case to the Central District of California, and then the CD California consolidated the cases due to the similarity of the facts and claims. On September 26, 2023, the plaintiff filed yet another lawsuit. This time, the plaintiff filed a Schedule A trademark infringement case against a number of defendants in the Northern District of Illinois. In the Schedule A case, the plaintiff named two entities affiliated with Ya Ya as alleged infringers.

Notwithstanding the litigation history between the parties, the plaintiff obtained an ex parte TRO against Ya Ya in the Northern District of Illinois. Ya Ya first learned about the TRO after the court issued it and after an online marketplace froze Ya Ya’s accounts.

Ya Ya’s first step in seeking redress was to file an emergency motion asking the court to dissolve the ex parte TRO. [Ya Ya Motion to Dissolve TRO] Ya Ya argued that, because the parties were actively litigating against each other in California, the plaintiff had no basis to seek ex parte relief against Ya Ya or its affiliated entities without notifying Ya Ya of the proceedings. Ya Ya also argued that the plaintiff’s ex parte TRO was a transparent attempt to gain a litigation advantage in the California cases to either leverage a settlement, force Ya Ya into a position where it could not even pay its lawyers to mount a defense, or force Ya Ya to file for bankruptcy. In response to Ya Ya’s motion to dismiss, the plaintiff agreed to dismiss all of its claims against the Ya Ya-affiliated entities.

Ya Ya’s next step was to file a motion for recovery of the attorneys’ fees it expended in the Northern District of Illinois proceedings. [Ya Ya Request for Reimbursement of Attorneys’ Fees]. In response, the plaintiff argued that it was not obligated to pay Ya Ya’s attorneys’ fees, because it did not know the entities it named in the Northern District of Illinois lawsuit were affiliated with Ya Ya. But the court rejected that argument. The court concluded that, pursuant to Federal Rule of Civil Procedure 11, a court may award attorneys’ fees incurred while defending an ex parte TRO when (1) the TRO caused “needless delay” and unnecessarily “increased the cost of litigation,” or (2) the TRO was obtained by pleadings that were not “well grounded in fact” or made after “reasonable inquiry.” The Court determined that plaintiff could have avoided increasing the costs of litigation if it had conducted a reasonable inquiry to determine if the two entities were affiliated with Ya Ya, but it failed to do so. As a result, the Court awarded Plaintiff to pay Ya-Ya almost $100,000 in attorneys’ fees.

Trademark litigators should be aware that judges in the Northern District of Illinois have been receptive to granting ex parte TROs in trademark cases. If you represent a client that is the subject of an improperly granted ex parte TRO, be prepared to move quickly to dissolve the TRO and consider whether you have a basis to move for an award of attorneys’ fees.

Copyright © 2024, Sheppard Mullin Richter & Hampton LLP.
For more news on Recovering Trademark Infringement Attorney’s Fees, visit the NLR Intellectual Property section.

Get Off the Beaten Path: Three Ways Outsourcing Can Help Firms Achieve CRM & Data Quality Success

Normally, the path most traveled is thought to be the better road as it represents the path that leads to achieving goals and success while the less traveled path leads to stressful processes and unknowns.

But for firms trying to achieve CRM success, the “beaten path” involves investing tens of thousands of dollars into the latest and greatest technology and hiring internal Data Stewards to maintain the data flowing into the system. This can take up a significant number of firm resources and there is no guarantee that CRM Success will be achieved.

Let’s face it, the traditional approach to CRM and Data Quality Success often leads to more headaches and challenges than it does to success. Without the right experience and expertise, leading a CRM implementation project or a data quality clean-up can be disastrous.

Hundreds of thousands of records flow in from departmental databases which need to be analyzed and categorized properly. Meetings need to be held with firm leadership to understand their expectations for the system, and meetings need to be coordinated with vendors to set up demonstrations along with Requests For Proposals (RFPs).

To add more fuel to the fire, meetings also need to be held with end users to understand their needs and requirements so system selection can be catered to them. In the end, firms are left with high training and implementation costs; limited staffing pools due to required expertise; and increased employee burnout due to the overwhelming nature of the work.

The Path Less Traveled: Outsourcing

Many forward-thinking firms have taken the path less traveled to CRM success and have outsourced many of their core marketing technology positions and data quality work to trusted service providers. Outsourced Marketing Technology Managers and Data Stewards can provide all the benefits of retaining these positions in-house at a cost-efficient price all while reducing managerial headaches.

The route less traveled gives you access to a pool of highly skilled professionals without the additional costs associated with hiring internally. Many outsourced Marketing Technology Managers and Data Stewards have years of industry experience working with the nation’s top firms tackling complex data quality issues and guiding implementations ensuring they are implemented and integrated effectively.

To achieve CRM and data quality success, sometimes the beaten path won’t get you there. Here are three ways taking the path less traveled can help you achieve CRM and data quality success:

1. Cost Savings

Utilizing outsourced service providers for marketing technology or data quality roles can help firms save a significant amount of money. For firms with around 250 professionals, hiring an internal CRM Manager and Data Steward can cost firms around $116,640.

For firms that have limited resources and budgets, outsourcing providers offer various pricing models for their services. From contracting their workers on an as-needed basis for short-term or long-term projects to paying-as-you-go. This allows firms to allocate more of their investments to higher-priority projects or initiatives. Depending on the rate of the service provider, firms can expect to pay up to 33% less ($77,350) when they outsource their core marketing technology and data quality work.

2. Improved Data Quality

Opposed to internal Data Stewards, outsourced data quality professionals can focus on key responsibilities and can work more efficiently than their internal counterparts who have to focus on other tasks or priorities. These outsourced professionals understand the intricacies of the professional service industry and seamlessly fit into your firm’s day-to-day processes.

Outsourced Data Stewards have the ability and know-how to implement data standardization processes and protocols, minimizing the number of dirty records that may flow into the system. They also have access to industry-leading tools that can streamline and automate data management so your attorneys and professionals can worry less about maintaining their contacts and more about serving their clients.

3. Reduction In Turnover

Traditionally, hiring Data Stewards internally has been a revolving door, where firms would hire a new team member to maintain their data quality, train them, compensate them, motivate them, then, replace them. Given how outsourced service providers are not directly involved with the firm’s core services, they assume the role of finding, hiring, training, motivating and managing the data quality professional.

This frees up your marketing and business development teams to focus on growing the firm and nurturing client relationships rather than chasing down contact data from the organization’s professionals. They can help you with a wide range of data-related activities including:

  • Regularly reviewing new records
  • Enhancing records with geographical information, financial data, or who-knows-who relationships
  • Creation and management of segmented and targeted lists for marketing or business development campaigns

To achieve CRM and data quality success, sometimes the beaten path won’t get you there. So, if you are struggling with your marketing technology or data quality, don’t be afraid to explore alternate routes, like outsourcing. It can open your firm up to a pool of highly skilled professionals who have years of experience solving the same issues you may be going through. An outsourced team can provide your firm with significant cost savings, improved data quality, and a reduction in employee turnover and managerial headaches.

These operational efficiencies lead to greater productivity and returns on marketing spend – meaning greater profitability for the firm.

© Copyright 2024 CLIENTSFirst Consulting
For more news on CRM Development, visit the NLR Law Office Management section.

Best Practices for Associate Compensation

Welcome back to our in-depth exploration of compensation within law firms. In our previous post , we emphasized the significance of establishing a robust compensation system to attract and retain top talent and keep them motivated. In this post, we’ll discuss the crucial components needed to make an effective compensation plan for associates within the firm.

Compensating associates is a multifaceted task that law firms tackle annually to attract and maintain a talented workforce. Unfortunately, numerous small to mid-sized firms lack a robust structure that anticipates market trends and internal changes, and they also often need a simplified process for determining raises and bonuses.

Key Considerations for Developing Compensation Plans for Associates:

Associate compensation programs should incorporate the following elements:

  • Market Competitiveness: How does the firm’s associate compensation compare with market standards and rival firms?
  • Progression: Does the firm have a consistent and progressive structure for raises and bonuses that aligns with its associates’ experience and performance progress?
  • Incentive Alignment: Does the firm incentivize behaviors aligned with its vision and priorities?
  • Transparency: Does the firm clearly communicate with associates about their earning potential over time and at specific experience and performance levels?
  • Feedback: Are associates given enough performance feedback to understand the relationship between their salaries, raises, bonuses, and performance?

Capacity and Performance Expectations

Establishing a compensation structure begins with assessing attorneys’ current and future economic and qualitative potential. Firms should project the expected performance and contributions over the first eight to ten years of an attorney’s career in the firm.

  • Production Capacity – How much work will the attorney handle, and what is the value of that work? Production metrics may include billable hours or caseload, expected billings and collections, and, by extension, rates and realization.
  • Qualitative Performance – Which skills does the attorney need to succeed in the position/ to create value? Consider legal skills, case management, business development contributions, compliance/ interpersonal skills, recruiting support, etc.
  • Profitability – How much economic value should the attorney create beyond their cost? (Expected profit or profit margin)

The qualitative increases in value and objective contributions to revenue and profit indicated in the table below provide an example of the most common factors. Contributions should be considered in the context of increasing long-term value and offering short-term profits.

 

INCREASES IN VALUEInvestment_Icon

Profitability_icon-1CONTRIBUTIONS TO PROFIT
  Quality of professional work Personal Productivity
   Work ethic

(consistency of quality and quantity)

 Profitability of others

(supervision and training)
  Client relations and service Originations
  Personal development and accountability Recruiting profitable lawyers
   Business development contributions

(networking, publishing, speaking, etc.)

 Business hygiene

(timekeeping, billing, collections)
  Cultural support
  Firm building

(recruiting, training, process development, etc.)
  Adding to the reputation of the firm

The table below indicates an example of expectations by experience level.

PERFORMANCE EXPECTATIONS

KEY

  Consistent 

  Approaching consistent 

  Optional

 Not expected at the experience level 

 

ECONOMIC FACTORS

EXPERIENCE (YR)

Productivity

Realization

Training Supervision

 Profit Threshold

Billing Management

 Origination

1

2

3

4

5

6

7

8

9

10

 

A firm may combine all economic scores and consider the aggregate result as a qualitative factor. As long as the selected system is consistently applied, room exists for customization.

 

QUALITATIVE FACTORS – WEALTH CREATION

EXPERIENCE (YR)

Work Ethic

Work Quality

Bar, Professional Civic

Content Publishing Speaking 

Business Development Competence

Recruiting Contributions

Client Relations and Service

Pro Bono

1

2

3

4

5

6

7

8

9

10

 

Designing a rewarding compensation strategy is essential for maximizing the value from your law firm’s legal team. This involves careful deliberation over economic and qualitative criteria. Balancing these factors and customizing your approach enables your firm to attract and retain top lawyers while nurturing a consistent organizational culture.

  1. Start by clearly defining the skill set that brings long-term value to your firm and reward attorneys accordingly to ensure retention of the most compatible talent.
  2. Employ strategies to recognize and financially reward lawyers who consistently excel in high-value areas such as work ethic, quality, and client service, thus motivating them to sustain their high performance.
  3. For firms with top lawyers nearing retirement, devise a compensation plan that encourages emerging talents to take on leadership roles, guaranteeing a smooth transition and enduring success.
  4. Recognize and remunerate specialized expertise appropriately, for instance, by providing incentives to skilled litigators in a trial-focused litigation firm.
  5. Acknowledge and reward qualitative achievements, like the publication of influential content, encouraging lawyers to align with the firm’s broader objectives.

It is also necessary to acknowledge the value of specialized expertise and reward it accordingly. For example, if trial experience is highly valued in your litigation firm, compensating successful litigators who excel in this area is an excellent strategy. Finally, recognizing qualitative accomplishments, such as publishing high-quality content, can motivate your lawyers to contribute to the firm’s mission.

A compensation strategy that considers both qualitative and economic performance is vital for motivating and retaining the best-fit individuals for your law firm. By extending recognition beyond mere base salary increments to contributions that exceed expectations, you uphold the fairness and prosperity of your organization.

Join us as we continue to explore compensation best practices for law firms. Stay tuned for upcoming articles that will provide in-depth insights and actionable guidance on creating compensation systems that not only draw in and retain top legal talent but also bolster the firm’s long-lasting prosperity and cultural ethos.

©2024 PerformLaw
For more news on Compensation Strategies for Law Firms, visit the NLR Law Office Management section.

Smart Lawyer Marketing: The Benefits of Becoming an Adjunct Professor or Guest Lecturer

If you’re a lawyer looking to stand out and grow your practice, here’s a strategy worth considering: becoming an adjunct professor or guest lecturer. This isn’t just about adding a title to your resume; it’s about enriching your professional credentials, elevating your personal brand, building connections with the community and opening doors to new opportunities. Here’s why venturing into academia could be a smart move for your legal career and how to do it.

  • A Spotlight on Your Expertise: Engaging in a teaching role will elevates your visibility within the academic and legal communities. Universities are vibrant ecosystems of learning, networking and professional exchange. By sharing your knowledge and experience in such settings, you not only enrich the learning environment but also spotlight your expertise to a broader audience. It’s an effective way to get noticed and remembered in the circles that matter.
  • Networking with Purpose: Teaching at a university isn’t just about imparting knowledge; it’s a dynamic platform for meaningful networking. Every semester offers a new opportunity to connect with ambitious students, fellow educators, and visiting professionals. These connections can lead to new business opportunities, collaborations and referrals. Building a network in such a rich environment can provide a steady stream of advantages for your legal practice.
  • Establishing Your Thought Leadership: There’s no better place to showcase your legal acumen than in a classroom or lecture hall. Teaching allows you to demonstrate your depth of knowledge and commitment to your field, helping to establish you as a thought leader among your peers and potential clients. Engaging with students and faculty on complex legal issues not only reinforces your standing but also keeps you at the cutting edge of legal developments.
  • The Dual Benefit of Learning: While teaching, lawyers often find themselves learning alongside their students. Because a professor and lecturer must stay current and deeply understand the subjects they teach acts as a catalyst for personal and professional growth. This continuous learning cycle not only enhances your legal practice but also ensures that your teaching is informed, relevant and highly valued.

How to Become an Adjunct Professor or Guest Lecturer

If you’re interested in becoming an adjunct professor or guest lecturer, here are some steps to get you started:

  • Get Your Credentials and Experience in Order: An advanced degree is usually required for adjunct positions, but if you’re eyeing more prestigious spots or specialized subjects, a PhD might be necessary. Beyond degrees, real-world experience in your field isn’t just icing on the cake—it’s another layer of cake. It shows you can apply what you teach outside the classroom, making your lessons more relevant and engaging.
  • Network Like a Pro: Building connections is key in academia, but think of it as making friends rather than networking. Attend events, engage in discussions and be active in online communities related to your field. It’s about finding your tribe—people who share your interests and can tip you off to opportunities you might not find on your own.
  • Bolster Your Teaching Credentials: If teaching isn’t something you’ve done a lot of, look for opportunities to get some practice. This could be anything from volunteer teaching gigs, leading workshops or even taking on a teaching assistant role. These experiences are valuable not just for what they teach you about instructing others, but they also give you stories and insights you can share when you apply for jobs.
  • Polish Your Application: Your application is your chance to shine. Make sure your CV is not only comprehensive but clear and engaging. Cover letters should be tailored to each application, showing why you’re excited about the position and what makes you a great fit. Don’t forget a teaching statement that reflects your unique approach and philosophy towards education.
  • Apply Thoughtfully: While casting a wide net could result in the kind of role you are seeking, aim for opportunities that truly resonate with your expertise and teaching style. Explore various institutions, from community colleges to universities, and don’t overlook less traditional teaching environments that might be in need of your particular skill set.
  • Stay Curious and Keep Growing: Staying informed and continually developing your skills is important. Seek out professional development opportunities, stay abreast of new research in your field and be open to new teaching techniques (including technology advancements) and methodologies. Your growth as a professional not only enriches your teaching but also makes you more attractive to potential employers.

KEY TAKEAWAYS

  • Enhanced Visibility: Teaching roles at universities put you in front of an engaged audience, amplifying your professional visibility.
  • Strategic Networking: The academic environment offers unparalleled networking opportunities with future and current lawyers, colleagues and industry experts.
  • Thought Leadership: Sharing your expertise as a teacher reinforces your status as a knowledgeable and respected professional in your field.
  • Continuous Learning: The act of teaching encourages ongoing education, keeping you at the forefront of legal developments and practices.

Teaching as an adjunct professor or guest lecturer offers a lawyers strategic benefits beyond traditional networking and marketing efforts. It provides a platform for visibility, a hub for networking, a stage for establishing thought leadership and an opportunity for personal growth.

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more news on Law Firm Marketing, visit the NLR Law Office Management section.

AI Got It Wrong, Doesn’t Mean We Are Right: Practical Considerations for the Use of Generative AI for Commercial Litigators

Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a dispositive motion, the client is also facing cost constraints. This forces you to get creative when crafting a budget for your client’s defense. You remember the shiny new toy that is generative Artificial Intelligence (“AI”). You plan to use AI to help save costs on the initial research, and even potentially assist with brief writing. It seems you’ve found a practical solution to resolve all your client’s problems. Not so fast.

Seemingly overnight, the use of AI platforms has become the hottest thing going, including (potentially) for commercial litigators. However, like most rapidly rising technological trends, the associated pitfalls don’t fully bubble to the surface until after the public has an opportunity (or several) to put the technology to the test. Indeed, the use of AI platforms to streamline legal research and writing has already begun to show its warts. Of course, just last year, prime examples of the danger of relying too heavily on AI were exposed in highly publicized cases venued in the Southern District of New York. See e.g. Benajmin Weiser, Michael D. Cohen’s Lawyer Cited Cases That May Not Exist, Judge Says, NY Times (December 12, 2023); Sara Merken, New York Lawyers Sanctioned For Using Fake Chat GPT Case In Legal Brief, Reuters (June 26, 2023).

In order to ensure litigators are striking the appropriate balance between using technological assistance in producing legal work product, while continuing to adhere to the ethical duties and professional responsibility mandated by the legal profession, below are some immediate considerations any complex commercial litigator should abide by when venturing into the world of AI.

Confidentiality

As any experienced litigator will know, involving a third-party in the process of crafting of a client’s strategy and case theory—whether it be an expert, accountant, or investigator—inevitably raises the issue of protecting the client’s privileged, proprietary and confidential information. The same principle applies to the use of an AI platform. Indeed, when stripped of its bells and whistles, an AI platform could potentially be viewed as another consultant employed to provide work product that will assist in the overall representation of your client. Given this reality, it is imperative that any litigator who plans to use AI, also have a complete grasp of the security of that AI system to ensure the safety of their client’s privileged, proprietary and confidential information. A failure to do so may not only result in your client’s sensitive information being exposed to an unsecure, and potentially harmful, online network, but it can also result in a violation of the duty to make reasonable efforts to prevent the disclosure of or unauthorized access to your client’s sensitive information. Such a duty is routinely set forth in the applicable rules of professional conduct across the country.

Oversight

It goes without saying that a lawyer has a responsibility to ensure that he or she adheres to the duty of candor when making representations to the Court. As mentioned, violations of that duty have arisen based on statements that were included in legal briefs produced using AI platforms. While many lawyers would immediately rebuff the notion that they would fail to double-check the accuracy of a brief’s contents—even if generated using AI—before submitting it to the Court, this concept gets trickier when working on larger litigation teams. As a result, it is not only incumbent on those preparing the briefs to ensure that any information included in a submission that was created with the assistance of an AI platform is accurate, but also that the lawyers responsible for oversight of a litigation team are diligent in understanding when and to what extent AI is being used to aid the work of that lawyer’s subordinates. Similar to confidentiality considerations, many courts’ rules of professional conduct include rules related to senior lawyer responsibilities and oversight of subordinate lawyers. To appropriately abide by those rules, litigation team leaders should make it a point to discuss with their teams the appropriate use of AI at the outset of any matter, as well as to put in place any law firm, court, or client-specific safeguards or guidelines to avoid potential missteps.

Judicial Preferences

Finally, as the old saying goes: a good lawyer knows the law; a great lawyer knows the judge. Any savvy litigator knows that the first thing one should understand prior to litigating a case is whether the Court and the presiding Judge have put in place any standing orders or judicial preferences that may impact litigation strategy. As a result of the rise of use of AI in litigation, many Courts across the country have responded in turn by developing either standing orders, local rules, or related guidelines concerning the appropriate use of AI. See e.g., Standing Order Re: Artificial Intelligence (“AI”) in Cases Assigned to Judge Baylson (June 6, 2023 E.D.P.A.), Preliminary Guidelines on the Use of Artificial Intelligence by New Jersey Lawyers (January 25, 2024, N.J. Supreme Court). Litigators should follow suit and ensure they understand the full scope of how their Court, and more importantly, their assigned Judge, treat the issue of using AI to assist litigation strategy and development of work product.

© 2024 Proskauer Rose LLP

by: William T. Walsh Jr of Proskauer Rose LLP

For more news on Artificial Intelligence, visit the NLR Communications, Media & Internet section.

How to Maximize February’s Holidays for Your Social Media Content Calendar

February, though the shortest month, is rich with opportunities for lawyers and law firms to deepen connections with their audience and spotlight their commitment to pivotal social causes. From raising awareness on privacy and internet safety to celebrating historical contributions and advocating for health, this month is ripe for engagement. Here’s a guide on leveraging these special days to not only boost your firm’s social media footprint but also to underscore your expertise and societal commitments.

  • Engage with #PrivacyAwarenessWeek (First Week of February): Kick off the month by demystifying privacy laws and sharing protective measures for personal data. Consider hosting webinars or interactive Q&A sessions to discuss privacy-related topics.
  • Participate in #SaferInternetDay (Second Tuesday of February): Highlight the importance of cybersecurity with informative articles or infographics. Provide valuable insights through free digital security workshops or consultations.
  • Celebrate #WorldJusticeDay (February 20): Showcase your firm’s dedication to justice by spotlighting pro bono work and initiatives that champion social justice. Share impactful stories that illustrate your contributions to upholding justice.
  • Honor #BlackHistoryMonth (Throughout February): Dedicate the month to celebrating the achievements of African American legal luminaries. Engage in discussions about diversity, equity and inclusion (DEI) within the legal field and share how your firm is actively supporting these values.
  • Promote #AmericanHeartMonth (Throughout February): Focus on heart health awareness, sharing wellness tips and how your firm supports the well-being of its people and clients. This is an excellent opportunity to show the human side of your firm. Organize or partake in health-focused community events and share wellness tips that encourage a balanced professional life.
  • Reflect on #PresidentsDay (Third Monday of February): Delve into the legal legacies of U.S. Presidents and their influence on current laws. Host enlightening discussions or debates on historical legal precedents and their relevance today.
  • Recognize #InventorsDay (February 11): For IP-focused firms or firms with IP practices, spotlight groundbreaking inventors and their journeys through the legal system. Share advice on navigating the patent process and protecting intellectual property.
  • Embrace #RandomActsOfKindnessDay (February 17): Inspire your team and followers by engaging in and sharing acts of kindness within your community. This day is a great opportunity to humanize your firm and reflect its values.
  • Inform during #ConsumerProtectionWeek (Last week of February): End the month by enlightening the public on consumer rights and the legal frameworks that protect them. Host free legal clinics or informative sessions to empower consumers with knowledge.
  • Celebrate #ValentinesDay (February 14): Utilize this day to express appreciation for your clients and colleagues. A simple message of thanks can go a long way in strengthening relationships.
  • Leverage #GroundhogDay (February 2): Incorporate Groundhog Day as a fun way to engage your audience. Perhaps draw a light-hearted parallel between the groundhog seeing its shadow and predicting weather patterns to the predictability and preparation in legal processes. It’s an opportunity to showcase your firm’s personality and connect with your audience on a relatable level.

When using hashtags, be strategic and relevant; use popular hashtags like #ValentinesDay, #BlackHistoryMonth or #PresidentsDay to increase visibility, but also incorporate niche or branded hashtags to stand out and engage directly with your target audience. Always ensure your content is respectful, inclusive and aligns with your brand’s values. Creatively linking your products or services to these holidays can boost engagement, foster a deeper connection with your audience and enhance your brand’s presence on social media.

February’s diverse holidays present a unique platform for law firms to engage with their audience on a deeper level. By actively participating in these observances, your firm not only enhances its visibility but also fortifies its relationship with the community. This strategic approach to social media not only highlights your expertise and services but also showcases your firm’s dedication to important societal issues and causes.

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more news on Optimizing Social Media Content Calendars, visit the NLR Communications, Media & Internet section.

What Software Is Used in a Law Firm?

Law firms leverage a spectrum of digital solutions to streamline their operations. From intricate case analysis with legal research platforms to seamless accounting with legal billing software, technology has become the unseen backbone of a successful practice. In fact, 77% of firms worldwide have reported increasing legal tech usage at their organization in the past few years.

This piece aims to explore the diverse digital tools essential for legal professionals, showcasing how these technologies and legal software examples collectively enhance the operational efficiency of a law firm.

What Software Does a Lawyer Use?

Lawyers today rely on a variety of software to maintain their competitive edge. Here’s a brief overview of the most commonly used software:

CASE MANAGEMENT SOFTWARE

Legal case management software serves as the operational hub for many law firms. It allows legal professionals to organize case files, track deadlines, and manage day-to-day tasks. High-quality case management software will also offer calendar integration, task assignment, and advanced reporting, all of which promote collaboration among team members and boost law firm growth.

COMMUNICATION TOOLS

Are law firms using Slack for communication? Texting? Teams? Numerous communication tools exist, but the best option is communicating through practice management software. With this method, users can save various conversations to different clients and matters, ensuring the recording and organization of all conversations. Firms can also easily communicate with their clients if the practice management software has a client portal to exchange information and documents securely.

DOCUMENT MANAGEMENT SOFTWARE

With the bulk of legal work being document-intensive, legal document management software is indispensable. It allows for secure storage, quick retrieval, and easy sharing of documents. Robust search functionality is a hallmark of this software, enabling lawyers to find specific documents or reference materials in seconds. Version control is also crucial, ensuring everyone works on the latest document without losing prior edits.

BILLING SOFTWARE

Billing software automates invoicing, tracks billable hours and expenses, and manages client payments. It is often a part of case management software, providing a seamless transition from work performed to invoice generated. Modern billing software bolsters trust through transparent, customizable invoices that outline specific actions taken with only a few clicks of a button.

LEGAL RESEARCH SOFTWARE

Lawyers use this software to navigate the vast ocean of legal precedent and statutory material. When initiating a research project, approximately 38% of attorneys typically start with well-known search engines, and 37% prefer using paid online legal databases, illustrating the reduced reliance on printed materials, which only 4% of lawyers now use as a starting point. Legal research software boasts powerful search features, annotation capabilities, and collaborative functions, seamlessly connecting lawyers with the precise information they need for their cases.

What Is the Best Legal Office Management Software?

Identifying the best legal office management software involves looking for key features like the following:

  • User-Friendly Interface: Reduces training time and enhances productivity.
  • Robust Security Features: Protects sensitive client information.
  • Comprehensive Case Management: Manages all case-related information in one place.
  • Native ePayments: Makes it easy for clients to pay their invoices.
  • Seamless Billing: Offers efficient time tracking and invoicing.
  • eSignature Capabilities: Reduces the signing process to mere minutes.
  • Effective Client Communication Tools: Enhances client engagement with secure portals.
  • Document Handling: Organizes documents with their corresponding matters.

What Is CRM for Law Firms?

CRM software for law firms focuses on client relationship management, a fundamental aspect for any law firm looking to grow and maintain a strong client base. CRM systems help attorneys track interactions with current and potential clients. These features are essential in a field where timely and personalized communication can significantly impact client satisfaction and retention.

A well-designed CRM tool will assist with the following:

  • Automated Intake Forms: Client intake and CRM software go hand in hand, and automated intake forms are a must-have feature. This feature ensures that client data is accurately and efficiently transferred to your CRM, reducing manual data entry and enhancing the accuracy of client information.
  • Custom Tags and Workflows: Custom software tags make organizing client information more manageable. Firms can categorize contacts as clients, prospects, or professional contacts and even filter these tags for business insights. Automated workflows enable the creation of triggered tasks and events, improving client interaction and ensuring no one misses critical deadlines or appointments.
  • Intuitive Dashboard: You’ll want an intuitive dashboard that offers a comprehensive view of case statuses, including contact and matter details, account balances, and payment information. This centralized view aids in better case management and client service.
  • Client Communication and Reminders: Look for CRM software that automates the scheduling process, including sending automatic meeting reminders via email, SMS text, or through the client portal. This feature ensures effective engagement with clients at various touchpoints.

The ability to blend CRM with existing practice management software is beneficial for law firms. Lawyers can access everything from case documents to client communication histories in a single system, which reduces the risk of errors likely to occur when flipping between different platforms.

What Accounting Software Do Law Firms Use?

Law firms use specialized accounting software to handle legal-specific financial needs like trust accounting, billing, and expense tracking. With accurate accounting, law firms can maintain financial compliance and keep a pulse on their financial health.

Efficient law firm accounting software should also automate time-consuming tasks like invoicing, expense tracking, and financial reporting. This automation saves valuable time, allowing lawyers to focus on client cases rather than financial administration. Moreover, it helps in forecasting and budgeting, which is essential for strategic planning and growth.

For law firms, an integrated approach to software solutions is the best choice. While standalone accounting programs exist, law practice management software with accounting features offers a more streamlined experience. These integrated solutions reduce the need for multiple software platforms, simplifying workflows and minimizing the risk of data entry errors.

© Copyright 2024 PracticePanther
For more news on Software for Law Firms, visit the NLR Law Office Management section.

Don’t be Content with Subpar Content: Five Content Marketing Best Practices

In the past, we have outlined eMarketing best practices, integrating your eMarketing system with other marketing technology, and even discussed using artificial intelligence in your email marketing strategy. However, if you’ve got all the elements in place and your email marketing metrics are still disappointing, what else can you improve? Well, let’s address the 10,000-pound elephant in the room – your content.

For many law firms, content is typically written by lawyers. This can be a challenge because lawyers by trade, are legal writers – favoring a particular writing style that often is not favorable for eMarketing purposes. This leaves the marketing department to attempt to shape the content to make it as effective as possible.

So what is a marketer to do when faced with a partner who is convinced that posting 5,000 words (1,000 of which are footnotes) on the latest regulation change is the best way to communicate with clients and prospective clients? Here are five suggestions and talking points to help build consensus and buy-in for improving your firm’s publications and content marketing.

1. Best of the Bunch

Take a look at some of your firm’s recent publications by practice area. Are there one or two groups that consistently provide concise, well-written content that is not drowning in legalese? Next, it can be a good idea to look at their metrics. If their mailing list is in good shape, they should also have some of the best open and click-through rates at the firm.

These are the folks to hold up as examples of how to correctly write marketing content. Anyone who has been a marketer in a professional service firm knows that capitalizing on the competitive nature of professionals can be a powerful tool for changing behavior. If you can find one or two practices with superior metrics and can tie it to their content, then you have something to hold up as an example to the rest of the firm.

2. Train ’em Young

Today, associates have grown up with unparalleled access to the internet, email, Twitter (now X) and LinkedIn, so they get it. Firms should capitalize on the technology-savvy and sponge-like nature of the younger members and utilize them by creating content that resonates with their clients. They will likely already understand the importance of concise messaging as the key to effective communication.

3. Break Down Their Mailing Metrics

Lawyers tend to write for other lawyers. As marketers, we need them to write for people from all walks of life. Remember, many CEOs probably don’t have a JD. A quick analysis of their mailing lists may help persuade them that they are not just sending to other lawyers. It is important for lawyers who write to understand that well-written and relevant pieces are often the ones that are most likely to be circulated throughout companies.

Human resources and marketing, for example, are the two departments that are often the ‘beneficiaries’ of law firm alerts. Writing in heavy legalese can be counterproductive for these groups. For attorneys who are still hesitant to alter their writing style, remind them that lawyers also read newspapers, magazines, and even novels. Some of the most important and complex issues of our time, involving matters such as foreign policy, terrorism, taxes, the economy, and healthcare, are communicated every day in these publications—without the use of footnotes.

4. First Is Not Always Best

While it is important your clients know your firm is on top of recent developments, simply sending out a regurgitation of the new regulation doesn’t necessarily convey that your firm understands the impact of the law on the client’s business. Yes, you want your email on the topic to be among the first received, but there’s more to it. You need to demonstrate an understanding of the implications of the law by addressing questions like, “What does this mean for me? Do I need to be concerned? What can I do to prepare or minimize the risk for the company?”

Both speed and depth are important when it comes to content marketing. Get the alert out quickly and explain why it is important to your readers. Later, your lawyers can write a longer, in-depth piece for an outside publication which can also be forwarded to their mailing list.

5. Size Matters

65% of digital media consumption occurs on mobile devices. No one, including your own lawyers, would be inclined to read a 3,000-word piece on their iPhones, no matter how much time they have. The fact is, today’s professionals use their phones to consume quick-hit content – get in, get the jist, and get out, onto the next. This means we need to meet them where they are and produce similarly easy-to-digest content.

An excellent way to help dissuade your lawyers from writing lengthy, dense alerts, is to appeal to their billable hour. Long pieces take longer to write – when a piece half the size will not only take them half the time but ultimately increase readership by twice as much.

© Copyright 2024 CLIENTSFirst Consulting
by: Christina R. Fritsch JD of CLIENTSFirst Consulting
For more news on Content Marketing for Law Firms, visit the NLR Law Office Management section.

Why Lawyers Should Prioritize Business Development and Marketing in 2024 and Beyond

Simply being a great lawyer is not enough to be successful as a lawyer today. The modern lawyer must be a multifaceted professional, combining sharp legal expertise with savvy business development and strategic marketing acumen.

Whether you’re a partner or an associate, understanding and implementing effective marketing strategies is vital. It’s not just about attracting clients; it’s about building a robust personal brand, establishing a solid reputation and nurturing a network of valuable connections and referral sources.

In this blog post, I will explore essential tactics and innovative strategies that lawyers can employ to distinguish themselves, enhance their market position and build a sustainable and thriving practice in the legal industry.

BUSINESS DEVELOPMENT AND MARKETING IN 2024 AND BEYOND FOR ASSOCIATES

For associates, learning how to master the art of business development and marketing early on is not just advantageous—it’s imperative. As you lay the foundation of your legal career, it’s crucial to pair your growing legal expertise with robust business development strategies and marketing acumen. These tips are designed to help you effectively build your brand, establish enduring professional relationships and position yourself as a subject matter expert – all of which are important as you embark on your legal career.

  1. Build Relationships Early: Start networking as soon as you enter the field. Attend industry seminars, join legal forums, trade associations and alumni groups, and stay active on Linkedin. Cultivate relationships not just with potential clients but also with mentors and peers. The connections you make early can become your most valuable assets.
  2. Develop a Niche: Specialize in an area of law that interests you. This specialization will help you stand out and attract specific clients. In addition, becoming an authority in a particular legal area can lead to more targeted and effective marketing opportunities.
  3. Mentorship and Learning: Seek mentors such as partners at the firm who your admire who can guide you in understanding the nuances of legal marketing and client relationship management. Learn from their experiences and insights. Being proactive in seeking knowledge and advice will accelerate your growth and confidence in navigating the complex world of legal marketing.
  4. Utilize Technology: Embrace legal tech solutions for efficiency and better client engagement. Understand and leverage social media and content marketing to enhance your online presence. Being tech-savvy can significantly increase your visibility and appeal to a broader client base.
  5. Consistent Personal Branding: Develop and maintain a consistent personal brand across all platforms. Your brand should reflect your professional values, expertise and the unique solutions you provide. A strong, consistent brand will make you memorable and help you stand out in a crowded market.
  6. Pro Bono and Community Service: Engage in pro bono work or community service related to your field. This not only will help you broaden you network but it will also contribute to your personal development, experience, commitment and compassion—qualities that are highly attractive to potential clients and employers.
  7. Feedback and Adaptability: Seek feedback regularly from peers, mentors and clients and be willing to adapt your strategies accordingly. The legal market is continually evolving, and so should your approach to business development and marketing.

BUSINESS DEVELOPMENT AND MARKETING IN 2024 AND BEYOND FOR PARTNERS

As partners, your role extends beyond legal practice to shaping the firm’s strategic direction and business success. With extensive experience and a comprehensive network, you are in a prime position to influence growth and innovation. Here are some practical, impactful ways you can leverage your position to drive business development and market yourself and your firm effectively in an ever-evolving industry.

  1. Lead by Example: Encourage a culture of business development within the firm. Demonstrate your commitment by actively engaging in networking, speaking engagements and thought leadership. Your involvement sets a precedent and motivates junior lawyers to emulate these practices.
  2. Leverage Your Network: Your years in practice have earned you a vast and valuable network. Utilize your established connections for referrals, collaborations and strategic partnerships. Your reputation and relationships can significantly amplify business opportunities and open new doors for the firm.
  3. Innovate and Adapt: Stay abreast of the latest marketing trends, especially in digital marketing, and adapt them to fit the legal industry. Embrace new technologies and platforms to reach wider audiences and offer innovative solutions. Your willingness to innovate signifies a forward-thinking firm that’s prepared for future challenges.
  4. Strategic Client Relationship Management: Deepen relationships with key clients by providing bespoke, value-added services and regular engagement. Use your insights and experiences to anticipate their needs and offer solutions before they arise. Strong client relationships often lead to retention and referrals.
  5. Invest in Talent and Mentorship: Identify and nurture the next generation of lawyers in your firm. Provide mentorship and invest in their business development skills. Their growth will contribute to the firm’s legacy and ensure a steady stream of innovative leaders.
  6. Thought Leadership: Regularly publish articles, speak at industry events and participate in discussions that showcase your expertise and the firm’s capabilities. Thought leadership not only enhances your personal brand but also elevates the firm’s profile.
  7. Evaluate and Refine: Regularly assess the effectiveness of your business development and marketing strategies. Be open to refining approaches based on outcomes and industry changes. A flexible, results-oriented approach ensures that the firm stays competitive and relevant.

HOW TO OVERCOME DISCOMFORT IN MARKETING

You may find the marketing aspect of law somewhat out of your comfort zone. Overcoming this discomfort is crucial for personal growth and the firm’s success. Here are some strategies to ease into effective marketing and business development.

  1. Training and Workshops: Invest time in business development and marketing workshops tailored for lawyers. These workshops can provide valuable insights into the latest trends and techniques, making the process more approachable and less daunting.
  2. Start Small: If the thought of large networking events is overwhelming, begin with more manageable one-on-one meetings or small group gatherings. As you build confidence, gradually increase the size and scope of your engagements.
  3. Collaborate with Peers: Partner with colleagues on marketing initiatives. Collaborating can divide the workload, play to each person’s strengths and make the process more enjoyable and less intimidating.
  4. Mentorship and Coaching: Seek a mentor or coach who has successfully integrated marketing into their legal practice. Learning from their experiences and insights can demystify the process and provide practical steps to follow.
  5. Set Realistic Goals: Establish clear, achievable goals for your marketing efforts. Small victories can significantly boost your confidence and motivate you to tackle more ambitious projects.
  6. Reflect on Successes: Keep track of your progress and take the time to celebrate successes, no matter how small. Reflecting on positive outcomes can reinforce the value of your marketing efforts and diminish discomfort over time.
  7. Leverage Personal Interests: Incorporate your hobbies or interests into your networking and marketing strategies. Connecting over shared interests can make interactions more natural and less forced.
  8. Understand Your Audience: Spend time understanding the needs and preferences of your target audience. Tailoring your approach to what they find engaging can make your efforts feel more genuine and less like a chore.By incorporating these strategies into your routine, you can gradually overcome discomfort with marketing, turning it into a natural and rewarding extension of your professional activities. As you become more comfortable, your ability to effectively market yourself and your firm will undoubtedly grow, resulting in greater business success.

CONCLUSION

For lawyers at any stage, embracing business development and marketing is not an option but a necessity. It’s about building a personal brand, expanding your network and ensuring a steady stream of work. Marketing and business development are powerful tools that can significantly transform a lawyer’s career trajectory. By actively engaging in these practices, lawyers can:

  1. Enhance Visibility: Establishing a strong personal brand makes you more recognizable in the legal community, leading to increased trust and a higher likelihood of referrals.
  2. Expand Client Base: Effective marketing strategies attract a broader client base, including more lucrative and high-profile cases.
  3. Build a Reputation: Consistent business development efforts help in building a reputation as an expert in specific legal fields, making you the go-to lawyer for those particular matters.
  4. Foster Relationships: Through networking, lawyers can foster long-term relationships, not just with potential clients but also with other professionals who can provide referrals.

Key Takeaways

  1. It’s Never Too Early or Late: Whether you’re a junior lawyer or a seasoned partner, now is the right time to start focusing on business development and marketing.
  2. Consistency is Key: Regularly engage in networking, personal branding and strategic marketing efforts.
  3. Adapt and Evolve: Stay updated with the latest marketing trends and adapt them to your practice.
  4. Seek Support: If marketing doesn’t come naturally, seek training or collaborate with colleagues to ease into the practice.
  5. Measure Success: Keep track of your efforts and adjust your strategies based on what works best for you and your practice.
Copyright © 2023, Stefanie M. Marrone. All Rights Reserved.
For more news on Business Development and Marketing for Lawyers, please visit the NLR Law Office Management section.

10 Resolutions to Elevate Your Personal Brand in the New Year

Personal branding has become more than just a buzzword – it’s a crucial element of career success. As we embark on a new year, it’s essential to recognize the power of a well-crafted personal brand. It’s not just about making a mark in your industry; it’s about creating a distinct identity that resonates with your professional ethos and vision.

Every individual inherently has a personal brand. It’s an amalgamation of your skills, experiences and the impressions you leave on others.

Even without conscious effort, your interactions, online presence and professional accomplishments contribute to how you are perceived. This unintentional brand can impact your career and opportunities positively or negatively. Actively shaping your personal brand allows you to control this narrative, ensuring it aligns with your career goals and reflects your professional identity. Neglecting it means letting others define it for you, which might not always match your aspirations or values.

Building your personal brand can feel overwhelming, but with a strategic and thoughtful approach, this process can unlock doors to new opportunities and personal growth, allowing you to shape and share your unique professional story with the world.

This blog post will guide you through easy and effective strategies to build and enhance your personal brand, which will help set you apart from your peers and competitors.

  1. Define Your Unique Brand: Delve deep to articulate your core strengths, values and the distinctive qualities that set you apart in your industry. Reflect on your career highlights and how they shape your professional narrative. For what do you want to be known? Be clear.
  2. Ensure Consistent Messaging: Audit all your professional platforms to ensure they convey a unified story about who you are and what you offer. This includes everything from your LinkedIn bio to your website/website bio.
  3. Be Active on Social Media: Plan a content calendar to regularly share insights, engage with industry conversations and connect with thought leaders. Being active also means responding to comments and messages to foster connections.
  4. Create and Share Valuable Content: Consider starting a blog or a podcast, or contribute as a guest writer to industry publications. Share your experiences, case studies or lessons learned to provide real value to your audience.
  5. Network Actively: Attend industry events, webinars and workshops. Be proactive in reaching out for informational interviews or mentorship opportunities.
  6. Commit to Personal Development: Identify key areas for growth and seek out resources like online courses, books, podcasts or coaching. Staying updated with the latest industry trends is also crucial.
  7. Seek and Adapt to Feedback: Regularly seek feedback from peers, mentors or through professional assessments. Use this feedback to refine your brand and address any gaps.
  8. Maintain Professional Visual Branding: Invest in a professional headshot and ensure your visual branding (like color scheme, fonts, etc.) is professional and consistent across all platforms.
  9. Get Involved in Your Community: Align with causes or organizations that resonate with your personal values. Share these experiences on your platforms to show your commitment beyond work.
  10. Monitor Your Online Presence: Use free tools like Google Alerts to keep track of your digital footprint. Ensure that your online presence is positive and accurately reflects your personal brand.

To begin crafting your personal brand, start by reflecting on your unique skills, experiences and what differentiates you professionally. Set aside time each week to engage with your network, create content that showcases your expertise, and participate in relevant online discussions. Regularly update your professional profiles and assess the alignment of your online presence with your brand. This proactive and consistent effort will gradually build a strong, authentic personal brand.

These resolutions are more than just annual goals; they are commitments to ongoing personal and professional growth. Remember that visibility is each of our responsibility. By following these steps, you can significantly enhance your personal brand, making it a powerful tool in your career advancement.

Copyright © 2023, Stefanie M. Marrone. All Rights Reserved.
For more news on Building Your Personal Brand, visit the NLR Law Office Management section.