In-Person Client Meetings and COVID-19

A fellow attorney just circulated a poll to his friends asking, “Are you starting to meet with your clients in person?” If you are restarting in-person meetings with your clients, consider whether you are in a jurisdiction that mandates contact tracing and whether that conflicts with your duty to maintain a client’s confidential information confidential.

Every jurisdiction has adopted some form of ABA Model Rule 1.6, Confidentiality of Information. It provides in part that:

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

The mere fact that a person has consulted an attorney can be in itself confidential information. One obvious example is a famous celebrity visiting a divorce attorney.

The problematic situation arises if you learn that the client has COVID after an in-person meeting. Alternatively, what if you learn after the meeting that you have COVID? In jurisdictions that require contact tracing disclosure, or even for public policy and health considerations, you may need to disclose your client’s identity to contact tracing authorities. As an attorney, you should take a moment to learn the contact tracing and public health reporting laws in your jurisdiction. For example, right now, I understand that there is a tracing program in Massachusetts, but disclosure is voluntary, not legally required. This may change.

The easy answer to this dilemma is to discuss the issue before meeting a client in person. Model Rule 1.6 permits the disclosure of otherwise confidential client information with informed consent, so you should inform the client about contact tracing so the client can decide whether to meet in person or remotely.

The hard answer arises if you have not had this conversation. Absent informed consent from a client to disclose their identity to contract tracers, Model Rule 1.6 does permit – but does not require – disclosure to comply with a statutory requirement for contact tracing:

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: . . . (6) to comply with other law or a court order . . .

While the ethical rules may permit you to comply with a statutory requirement to disclose your client’s identity in a COVID tracing situation, such a unilateral decision to make disclosure may not be good for your attorney-client business relationship.

In conclusion, you should seriously consider discussing the possibility of contact tracing disclosure obligations before meeting with a client in-person.

© 2021 SHERIN AND LODGEN LLP


For more articles on the legal industry, visit the NLR Law Office Management section.

How to Elevate Your Law Firm Brand

You can have the best law firm in the world, but if no one knows you exist, you will not attract business. Marketing your law firm is incredibly important because you need to constantly broadcast your firm’s messaging, offering, and identity. You want to establish yourself as the go-to law firm of the community. Even by attempting new marketing strategies for lawyers, you are outpacing most of your peers.

However, most solo attorneys and small law firms are not taking an intentional marketing approach and instead engage in “random acts of marketing.” The American Bar Association states the majority of small law firms do not have a strategic marketing plan in place.

This behavior is self-sabotaging as it is critical for law firms to stay relevant in the legal community and firmly establish their brand voice and marketing plan.

Overall, lawyers have an incredible opportunity to network and expand their brand in a world that has seemingly gone virtual. To grow your practice, you need to experiment with new marketing strategies and mediums. After all, if you do not market your services, how would anyone know your services are available?

This article will cover some ideas on how to determine what your brand identity is and how to elevate it through marketing tactics.

Be Crystal Clear on Your Law Firm’s Brand Identity

A law firm should establish the message they want their clients to remember them for. Start by asking yourself the following:

  • What is the identity of our law firm?
  • What are the values of our law firm?
  • What makes our law firm unique from competitors?
  • What makes our legal services different from other firms?

It is often said in marketing, “People do not buy from businesses; they buy from people.” Answer these questions to establish your unique perspective and differentiator, and then move onto executing traditional marketing tactics for lawyers.

6 Ways to Elevate Your Legal Brand with Marketing Tactics

Potential clients are looking for lawyers who are good at what they do, helpful to the people they serve, and that show strong leadership skills and community commitment. Marketing is a holistic tool that helps the best attorneys become more visible to their clients and in the legal community, which grows their reputation, increases their referrals, and grows their practice.

  1. Utilize Snail Mail.

Striking the right balance between traditional and digital advertising is tough; however, traditional media still has tremendous value for law firms, and its utilization continually carries an air of authority and prestige. Direct mail  is not dead, and in fact, postcards outperforother mediums, leading to a response rate of 42%. Creating personalized postcards that have a unique touch also increases the likelihood your potential clients will respond. You can include an incentive such as first-time client deals, a free consultation, or a local resource list.

  1.  Radio Still Wins

The majority of the Americans are still tuning into the radio; 90% of adults ages 18 to 30, 94% of adults ages 35 to 49, and 91% of adults over 50 years old are listening to their local radio station, making it the leading platform for reach in the US.

Additionally, radio audiences are also becoming more diverse. 45 million Latinos and 35 million Black Americans are tuning in monthly.

Radio advertising also offers the unique advantage of a high frequency, meaning how many times the average person hears your ad over the course of a week. It can take your customer seven times to hear about your legal service before they take action. Radio provides many opportunities to get in front of your community again and again. It is scientifically proven that a person needs to hear an ad about three to four times per week to achieve maximum effectiveness.

  1. Embrace Virtual Networking Sessions

As the legal community is a relationship-based industry, in-person activities historically laid the foundation for the most powerful marketing strategies. However, COVID-19 brought those activities to a grinding halt, pausing almost all face-to-face marketing opportunities for law firms.

However, Zoom usage soared from 10 million daily meeting participants back in December 2019 to over 300 million in April 2020. There are endless opportunities to get involved with networking. Search for areas in your legal specialty for speaking opportunities, mentorships, or even just a monthly meetup. Take advantage of the new ability to catch up and network with multiple people a day, from the comfort of your home office, without having to drive around town.

  1. Email Marketing is Powerful

Email marketing is still one of the most popular traditional marketing practices. Over half of the world’s population uses email every day, and 54% of email is read on a mobile device. Also, email marketing continues to deliver one of the strongest returns on investment, with every $1 spent averaging an ROI of $42.

Building out monthly newsletters and embracing consistent email communication is key in staying top of mind with your community.

  1. Collaborate with Fellow Attorneys in Your Area

I often advise legal professionals to capitalize on developing an attorney-to-attorney referral network. Instead of seeing local law firms as competition, it is essential to create a reciprocal relationship among ten to twelve attorneys that practice in non-competing areas. Develop authentic relationships with your peers, and you will find that more business will come your way, making collaborative advertising one of the most affordable forms of marketing.

Even though you can’t grab dinner or coffee, there are many ways to stay connected with other local attorneys virtually, including the following:

  • Consistently engaging with their LinkedIn posts, offering congratulations on a hard-won case, or simply adding your insight to their thought leadership.
  • Not forgetting milestones such as birthdays or work anniversaries – for your fellow local lawyers building their business, their fifth-year anniversary of starting their firm is an emotional milestone for them. Send a handwritten congratulations card or a special treat to their office.
  • Staying connected on inside jokes, sending a funny gift through the mail, or shooting over an email that references a great time you had together in the past.
  1. Billboard Advertising Offers High Frequency and Familiarity 

Billboard advertising utilizes local awareness and promotes your law firm to a broad range of your local community. Like radio ads, billboard advertising offers a high frequency, meaning your potential customers are driving or walking by your signage every day, becoming more and more familiar with your face and brand name.

This familiarity breeds comfort; studies show that brand familiarity is the most rudimentary form of consumer knowledge and increases your customer’s likelihood of seeking out your services when they need legal help. This continued exposure builds trust and establishes your image as the go-to attorney in your area.

Elevate Your Brand Through Trusted Marketing Strategies for Lawyers

As a lawyer, you first need to establish what you and your firm stand for. Create a solid brand identity that guides your usage of traditional marketing strategies. Put pen to paper on your vision and know how impactful you can be in your community, which directly leads to your firm’s branding. Once this is created and solidified, experiment with trusted traditional marketing strategies like postcards, email, billboards, radio, and virtual networking sessions, and you will find that marketing your business was well worth the investment.

© 2021 Denver Legal Marketing LLC

For more articles on the legal industry, visit the NLR Law Office Management section.

 


A Lawyers Spring Cleaning Guide to Decluttering the Intake Process

Spring is upon us and what better time than now for lawyers to clean up a process that can sometimes get messy —  the client intake process. Client intake is a pivotal step in converting those hard-earned leads to customers and can leave a lasting impression on your law firm. It’s important to periodically look at what is and is not working in your own firm’s intake process.

Prospective clients will be evaluating your professionalism, skill, personality, and customer service from this moment forward. Not only is it important for lawyers to ask the right questions so they may decide on the best approach to a case, but lawyers additionally need to consider the client experience.

Your prospective client is also interviewing you, wasting time shuffling through paperwork or unorganized files looks unprofessional and could be the difference in winning over that client or not. Keeping this in mind, don’t waste the client’s time with a slow intake process. A streamlined, clutter-free client intake is a win-win, let’s go over some tips in this guide.

Ask yourself the right questions

When thinking about client intake, lawyers should think about themselves first. It may be an odd concept but it will ultimately save you and the client time. The key is to ask enough screening questions to evaluate if the client will be a good fit. To do this, lawyers need to determine their ideal client and have a good understanding of the services their firm can realistically offer.

When evaluating what questions to ask the client, lawyers should consider the following:

  1. What key information do I need for this case?
  2. What is my timeframe?
  3. What type of cases can I take on?
  4. Are there other recommendations I can make if I can’t assist the client?

The answers to these questions will be different for each lawyer but they should get you thinking about what information you will need during client intake. Clients will appreciate lawyers who have a firm understanding of their capabilities and services instead of stretching the truth just to sign a client on board.

Automate your client intake

The easiest way to clean up your client intake is to streamline it with automated forms. Automated forms allow lawyers and their team to easily access and distribute forms to the client without having to jump on the phone or come into the office. This is even more important now that virtual or hybrid offices are here to stay.

Platforms like PracticePanther allow lawyers to create customizable client intake templates that are easily interchangeable and responsive. Implementing automated forms will:

Reduce non-billable hours

Client intake can be time-consuming for busy lawyers. Allowing clients to independently fill out their information will save you time and resources that could be allocated towards managing other aspects of your practice.

Eliminate human error

If your firm is using a paper client intake form or filling out the form on behalf of the client, mistakes can be made. This isn’t to say that you or your team are doing poor work – human error is sometimes inevitable. Transitioning away from paper to an automated form will greatly reduce the potential for human error and increase data accuracy.

Improve the client experience

Accessibility is an important aspect of the client experience. Having the option for the client to fill out the form anytime, anywhere will increase the likelihood they will complete it and in a timely manner. PracticePanther forms were made with this in mind and can be used across all mobile devices.

Provide multiple client intake funnels

Your firm’s marketing strategy should always include multiple client intake funnels. This will increase your online visibility to prospective clients and offer them options to choose platforms they are comfortable with. Whether a potential client is coming from social media, landing pages, ads, or a review website, the intake process should be uniform.

Taking this into account, it’s important to ensure all members of your team are familiar with the intake process and have easy access to the proper forms. Client intake should be a team effort (if your firm is large enough to handle it) especially when prospective clients can come from any platform, at any time. If you operate a solo firm, automating client intake through multiple channels ensures that customer service doesn’t suffer.

Keep it simple

If there’s one thing lawyers want more of, it’s time. Adopting processes and software that offer a “set it and forget it” approach will allow lawyers to focus their time on assisting clients. By using this guide, you’ll be on your way to a tidy intake of clients for seasons to come.

© Copyright 2021 PracticePanther

 


For more articles on the legal industry, visit the NLR Law Office Management section.

 

Legal Industry News Update: Women’s History and Achievement, Legal Industry Innovation and Professional Moves

We’re back with another edition of our latest legal and consulting industry news column, focusing on women’s history and achievement in the legal industry, coronavirus legal innovations and professional moves. Read on for all the latest updates:

Legal Industry Professional Moves

Legal operations veteran Bob Taylor joined Deloitte Legal Business Services team as a managing director based in Boston. Taylor will focus on business of law and legal department transformation at Deloitte Tax.

Mr.Taylor has 25 years of experience as senior corporate counsel and manager at Liberty Mutual  in the company’s legal operations function.

Dr. Darrell G. Kirch, president emeritus of the Association of American Medical Colleges (AAMC), joined Manatt, Phelps & Phillips as an advisor in Washington, D.C. Dr. Kirch was the president and CEO of AAMC from 2006 to 2019 and prior to his tenure at the AAMC, Dr. Kirch served as dean, university senior vice president and academic health system leader of two medical institutions: the Medical College of Georgia and the Pennsylvania State University Milton S. Hershey Medical Center. At Manett, Dr. Kirch will work with the firm to enhance its healthcare policy and legal practice with the nation’s leading academic health care institutions.

“Innovation and transformation are our guiding principles as we advise our clients and help them navigate today’s new economy,” said Donna L. Wilson, Manatt’s CEO and Managing Partner. “Darrell’s impressive background and commitment to being an agent of change embody this ethos, making him an ideal fit to our integrated legal and consulting platform.”

Carlos M. Velazquez was named Senior Counsel at  Ditchik & Ditchik, PLLC. Mr. Velazquez brings 50 years of New York real estate tax litigation experience, advising NYC real estate developers, landlords and hoteliers on the particular ecosystem of New York real estate and will serve in a leadership capacity at the firm alongside Managing Partner Joel Ditchik and Partner Steven Tishco.

“Ditchik & Ditchik’s approach to this niche field of law is unmatched. I am delighted to join its established group of pioneering tax certiorari lawyers,” said Mr. Velazquez. “I look forward to applying my experience and skills to serve the firm’s impressive client base.”

Managing Partner, Joel Ditchik, expressed confidence in the contribution Mr. Velazquez will make to the firm, saying that  “Carlos will not only offer astute leadership to our attorneys, but will continue to grow our firm’s capabilities across the full range of property tax law services to our loyal clientele.”

Legal Industry Innovation

Documate, a San Francisco-based legal software provider, received the 2021 Louis M. Brown Award for Legal Access from the American Bar Association’s Standing Committee on the Delivery of Legal Services  (ABA). Documate increases access to legal services for those of modest means through its platform that allows attorneys to easily automate documents, principally through its “no-code” platform that allows attorneys to create tools to expand their service offerings without the need to hire a software developer. Documate software is used by courts, legal aid organizations as well as private attorneys.

Another initiative recognized by the  ABA with a Louis M. Brown Select Award includes COVID H.E.L.P. Illinois, a pandemic-inspired free to use tool designed to help anyone in Illinois with legal problems related to the pandemic which was created by a group of Illinois legal aid programs, including CARPLS Legal Aid, Illinois Legal Aid Online, Legal Aid Chicago, Land of Lincoln Legal Assistance, Prairie State Legal Services, Westside Justice Center, and others and was funded through a grant from the Lawyers Trust Fund of Illinois.

The awards are scheduled to be presented at the ABA Annual Meeting August 4 – 10, 2021.

Thomson Reuters is introducing improvements to HighQ3E and Marketplace. The new version of Thomson Reuters HighQ has over 60 new features for enhanced workflow collaboration.  HighQ and 3E help corporate and government legal departments, as well as law firms, deliver customer-driven enhancements and customizations, improving project management, contract management and managing critical files with more flexibility.

“Over the past year, our customers have relied on HighQ to improve their productivity and serve their clients at the highest level, all at a time of unparalleled disruption,” said Chris Kitchener, vice president, Product Management for Thomson Reuters HighQ. “Version 5.5 brings new features and tools to multiple use cases, with significant enhancements to the legal project management and contract lifecycle management capabilities. Additionally, much of the work done to this point has laid a strong foundation for what is yet to come for HighQ this year, anchored by significant upgrades and key product integrations.”

Thomson Reuters Marketplace allows users to find and test solutions to extend the functionality of existing products for legal and tax professionals. Marketplace offers over 120 add-on enhancements and integrations across 18 categories ranging from contract / document management and automation and CRM / business development tools to timekeeping and billing integrations.

“We anticipate further cloud adoption and acceleration in the digitization of how legal work gets done,” Fischer said. “Through our content-driven technology, we are continuing to innovate and deliver products and new features, focusing on customer input to really move the dial on connectedness and productivity, so legal professionals can make the most of their new skills and implement technologies that create a competitive advantage.”

The American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) has developed an integrated smart videoconferencing technology platform to provide a seamless virtual arbitration experience which is helpful with current social distancing rules and travel restrictions.

The camera system is a hands-free system, where up to seven cameras can be positioned around the room.  The cameras are activated by the voice of the speaker.  The recording capabilities are built-in, so proceedings are easily archived.  All participants, whether present or are completely remote, can easily engage.

Michael A. Marra, the VP of AAA ICDR’s Construction Division said that “COVID19 has changed everything, but no matter how long social distancing and other pandemic rules remain in effect, or what the post-pandemic reality looks like, the AAA-ICDR is positioned to ensure people receive uninterrupted ADR services even if not everyone involved can be in the same room or venue.”

Women’s History & Achievement

Stradley Ronon Associate Aliza S. Dominey was selected for the 100 Women in Finance’s Washington D.C. Education Committee where she plans philanthropy, peer engagement and educational events to help progress the careers of women in the financial services industry.

At Stradley Ronon, Ms. Dominey counsels investment companies and private funds on regulatory, compliance and transactional issues, in addition to reviewing registration statements, proxy solicitation materials and researching various securities and corporate law issues; and preparing board materials.

100 Women in Finance has nearly 20,000 registered members and works to strengthen the global finance industry by empowering women to achieve their professional potential at each career stage.

Eve Howard, Global Head of Capital Markets at Hogan Lovells, was selected as a member of the DirectWomen Board Institute class 2020-2021.  General Counsel of Fortune 500 companies, senior partners of law firms, and lawyers from private equity and government are selected after a thorough selection process, and attend the DirectWomen Board Institute, taught by CEOs, C-suite executives, and directors of public companies.

Since its inception, more than 215 women have participated in the Board Institute, and more than a third of the Board Institute’s alumnae have been elected to serve as directors of major companies, including Tesla, Inc., Visa Inc., The TJX Companies, Inc., Valero Energy Corporation, Party City Holdco Inc., Intercontinental Exchange, Inc., and many others.

Ms. Howard, a partner at Hogan Lovell’s Washington D.C office, and Global Head of the firm’s Capital Markets practice has more than 30 years of experience structuring and negotiating complex corporate transactions and serving as a trusted advisor to public company clients. Howard has also served on Hogan Lovells’ International Management Committee.

Per Howard:

“I am honored to be selected to participate in DirectWomen Board Institute’s prestigious program. DirectWomen aims to increase the representation of women lawyers on corporate boards and serves as a great opportunity for those with a wide range of business knowledge and experience in their industries to bring that expertise to the boardroom.”

The Board Institute will be held in New York in October 2021.

Jacquelyn E. Stone, a partner with decades of experience advising clients on government relations, regulatory and immigration matters at McGuireWoods, won the Phoebe P. Hall Mentorship Award from the Metro Richmond Women’s Bar Association (MRWBA).

Ms. Stone is based in Richmond, VA and has worked as a mentor with several organizations, focusing on helping the next generation succeed in the legal industry, including Just the Beginning—A pipeline organization to create opportunities for underrepresented groups to pursue legal career and Partnership for the Future, a college prep and workforce development program for Richmond area high school students.

“I am honored to receive this prestigious award from the Metro Richmond Women’s Bar Association,” said Stone. “It’s important for me to be a mentor, to share my experiences and help others on their path to personal and professional success.”

Ms. Stone was the first African-American woman to be named a partner at a major Virginia law firm, and she was also is the first African American to serve on McGuireWoods’ Board of Partners. At McGuireWoods, she created the Diversity & Inclusion Committee in 2006 and served as its chair until 2017.

Copyright ©2020 National Law Forum, LLC


For more articles on the legal industry, visit the NLR Law Office Management section.

Paid Search Adverting for Law Firms: Part 6 Good2bSocial Academy

The eight modules of Good2bSocial’s Digital Academy provide legal marketers with critical components of an effective digital marketing program adapted for the unique needs of the professional services industry. Good2bSocial’s Digital Academy fills the need for legal marketers to demonstrate that they have a baseline of digital marketing concepts, and also provides law firm CMOs an objective way to assess team members’ or potential hires’ legal marketing knowledge. Last week, we covered Good2bSocial’s Digital Academy’s course on search engine optimization (SEO) strategy for law firms, providing the components of an effective SEO strategy for lawyers, stressing steady and exponential website visitor growth over time which increases both search visibility and law firm credibility.

Module 6 helps legal marketers learn effective ad bidding strategies and outlines best practices to create effective advertisements on Google Ads and other platforms. Good2bSocial’s program helps legal marketers navigate the Google Ads interface through real-life examples, providing actionable tactics to improve click-through rate, lower advertising spend and maximize performance.

Per Kevin Vermeulen Good2bSocial’s COO:

Google Ads and Bing Ads are a highly effective way to deliver quality traffic and leads to your law firm’s website.  But there needs to be thorough keyword targeting so Google displays your ads only to those searching for your legal services. Google’s global audience and the audience data they provide is unrivaled in the industry and it is critical to know how to properly set up new campaigns and how to optimize existing ad campaigns to assure that your law firm receives the maximum return on investment (ROI).

Pay Per Click Basics for Law Firms: An Overview.

As the name indicates, with pay-per-click  (PPC) advertising, your firm only pays when someone clicks on your ad. PPC ads strategies include purchasing ads on search engine results pages, social media advertising as discussed in Good2bSocial’s Academy Module 4 and purchasing ads on partnering websites.  Guidance is given on how to compete with others who want the same key words you are targeting in an auction to determine who wins the ad spot. Ad spot bidding is impacted by the key word’s relevance, the query made by the person doing the search, and your law firm’s landing page.

Get Your Law Firm’s Message at the Top and Most Viewed Parts of Search Pages.

Pay-per-click advertising on search engine results pages places your firm’s message in a prominent spot right at the top, bottom or side of the search page. PPC ads that appear at the top of the search page are more likely to be clicked on than the top-ranking search result.

Other Types of PPC Ads that Provide Value for Law Firms

Vendors like Google Display Network and Microsoft Advertising, previously known as Bing Ads, display ads on partnering websites such as the National Law Review. Google Display Network includes more than 2 million partnering websites and the ability to reach more than 90 percent of those online. The Bing Ad Network audience includes 60 million desktop searchers not reached on Google.  There are many networks out there and other niche options for law firms. For example, Quora, where people come to ask questions and to read and share answers, is particularly suited to reach customers at the point they are evaluating and researching a product or service. Good2bSocial’s Academy PPC module provides a great deal of analysis of the various pay-per-click options for law firms in addition to explaining remarketing or retargeting campaigns that show your PPC ads to those who have visited your website in the past.

Critical Points to Consider for Google Ads Campaigns Setup and Maintenance include:

How to Choose and Manage your Law Firm’s Advertising Keywords?

When using pay-per-click advertising, you have the freedom to customize your keywords, allowing for extra targeting focusing your spend on keywords that are more likely to indicate an urgent need for a lawyer. Additionally, your firm wants to make sure your keywords are unique so that you don’t end up competing with yourself.

The checklists in Good2bSocial’s Academy PPC module provide useful information on:

  • How to organize similar keywords into groups helping you keep things organized and streamlining your targeting efforts.
  • How to silo lower performing keywords into a campaign to determine if they should be dropped or can be improved.
  • How to prune underperforming keywords and how to improve the lower performing keywords through adding negative keywords to your lists.
  • How to look for new keywords and phrases.
  • How to do split testing.
  • And how to tweak landing pages and ad copy for optimal performance for high performing keywords.

What are Best Practices for Law Firm Ad Campaign Set Up and how to Avoid Costly Missteps?

Because of the high cost of PPC advertising for attorneys, law firms should research to ensure your firm chooses highly targeted keywords that will deliver an impressive ROI. Key words in the legal field are highly competitive. According to Good2BSocial, the average click costs $54.86 for keywords related to legal services and lawyers.

Good2bSocial’s Academy Provides Useful PPC Organization and Execution Advice Including:

  • How to consolidate PPC campaigns by performance.
  • Why your firm should check landing pages and URLs and making sure the landing page works as intended.
  • How to download your ads and look at them in Excel or Word to organize them and assure simple things like the spelling is correct, as misspellings can have a negative effect on click through rates (CTR).
  • How to include your keywords in your law firm’s ad copy and your landing pages’ URL and setting page paths.
  • And how to make the most of your clicks by enhancing your ads with things like ad extensions and going into detail on how Sitelinks, Review, and Call extensions can be useful for law firms.

How to Set Budgets and Choose Location and Language Targeting for your Law Firm’s Ad Campaigns.

According to Good2bSocial, certain geographic locations and more specialized key words may require higher suggested PPC bids, with some firms setting a monthly budget for PPC ads of $30,000 or more. If a law firm is going to enter into and thrive in the PPC marketplace, Good2bSocial’s checklists, real life examples and detailed explanations provide an invaluable roadmap, including:

  • How to define your CPC bids to ensure you don’t bid too high on cost per click amd how attorneys can use Google’s keyword planner to get an idea of the PPC range your firm should be aiming for.
  • How to set your PPC budget.
  • How to set location and language targets.  Not all legal consumers in the U.S. are browsing in English, so setting proper language targeting and then assuring that prospects are taken to a landing page in the language they are using to browse.
  • How to choose ad rotation and delivery method.
  • How to set “Search Network Only.”  Google will set your campaigns to search with display by default. And because display ads show up on websites other than Google search engine result pages, inadvertently including display ads outside of search results can cost your firm significantly more money.
  • How to set ad scheduling. If you want to schedule ads so they only show while your office is open and how to set target devices if you’re running a campaign specifically designed for mobile/ desktop/ or tablet only.
  • How to exclude your own IP address(es) to avoid skewing your tracking results and how to use  Google’s ad preview tool to check to see where or how your ads are showing up.
  • And how to set up conversion tracking. To monitor your ads and selected campaign attributes to assure they met your law firm’s PPC campaign goals.

Key Takeaways for Law Firms Paid Search Advertising

Per Vermeulen:

Google ads and other PPC outlets are highly effective for the law firm market at producing rapid lead generation results.  But it’s not as simple as “setting and forgetting” a law firm’s PPC campaigns.  However, while the extensive configurability of the Google platform, in particular, makes it extremely powerful, it also makes it easy to forget a step somewhere and cause problems with your firm’s campaigns.  To prevent wasting time and money, checklists, forethought, monitoring and routine recalibration checks are needed when launching and evaluating existing PPC advertising campaigns.

To Read Part 1 Good2bSocial Digital Academy for Law Firms — Inbound Marketing and Client Journey Mapping, click here.

To read Part 2 Good2bSocial Digital Academy — Content Marketing Strategy for Law Firms, click here.

To read Part 3 Good2bSocial Digital Academy — Developing a Successful Social Media Strategy for Law Firms, click here

To read Part 4 Good2bSocial Digital Academy — Paid Social Media Advertising Campaigns for Law Firms, click here

To read Part 5 Good2bSocial Digital Academy — Search Engine Optimization for Law Firms, click here.

Stay tuned for more details on the topics and key takeaways included in the other modules of the Good2bSocial Academy.

Copyright ©2020 National Law Forum, LLC

For more articles on legal marketing, visit the NLR Law Office Management section.

Taking the Jump to Virtual with Jennifer Schaller, Managing Director of The National Law Review and Megan Braverman, Principal of Berbay Marketing & Public Relations [PODCAST]

What you’ll learn in this episode:

  • The pros and cons of a virtual office.
  • The biggest challenges of working remotely.
  • Transitioning your technology to a virtual “platform.”
  • Advice for firms considering going remote.
  • What to ask prospective employees to ensure they’re a fit for remote work.

Listen to Taking the Jump to Virtual, Episode 87 of the Law Firm Marketing Catalyst podcast.

Sharon:      Welcome to the Law Firm Marketing Catalyst podcast. Today, we’re talking about a timely subject which is affecting many of us, and that is working remotely. First is Jennifer Schaller who is a co-founder and the Managing Director of The National Law Review, a publication which many of you are familiar with, and Megan Braverman, Principal of Berbay Marketing & Public Relations, and I am Sharon Berman, Managing Principal of Berbay Marketing & Public Relations. So, we’ll be here from each of our desks today talking about their experiences and what they have to learn and what we can learn from them about working remotely. Jennifer, can you tell us about your experience?

Jennifer:    Sure, absolutely. We started as a remote company just simply because we were formed by a group of attorneys at different in-house law departments, so it wasn’t like most of the co-founders were leaving their regular positions working in corporate law departments. A former law firm administrator and I and a few other young attorneys actually started the more public-facing part of The National Law Review. So, it wasn’t like we had an office and we moved to remote. We were kind of a remote group to begin with and then we hired more remote people, if that makes sense.

Sharon:      Yes, it does. O.K., so you’ve been remote from the beginning. Basically, you started—

Jennifer:    Yes.

Sharon:      O.K., that’s a great way to start in terms of not having to transfer technology and think about things. Megan, can you talk a little bit how Berbay—we have just gone totally remote, but we’ve building to it for a while, so tell us about the Berbay experience.

Megan:       So, Berbay was founded in 1995 and since that date, we’ve had a physical office in Los Angeles and our most recent office we were in for just over twenty years in West L.A. It’s a long time and as you said, we were really thinking about going virtual for some time. For those that understand the L.A. world, traffic and the commutes are painful, and we really ran the agency like just get the work done; we don’t care what time you clock in and clock out and everybody really liked that and so the past few years, we would walk into the office and it felt like a bit of a ghost town. People were coming in later and leaving earlier to help avoid the commutes and traffic, and so once COVID hit, it came at an interesting time because our lease was coming due at the end of that year and so it really just propelled us into going virtual. I think in many ways it was a blessing in disguise because it really got our—we had to get our act together, whereas if COVID and the pandemic didn’t happen, I think we would have probably taken our time and maybe reluctantly gone out the door. So, we officially went virtual on February 1, 2021.

Sharon:      That’s true and when you say it would have taken a long time, I think about it because we had talked about, “Well, let’s talk again in a few months” and then it’s like, “O.K., how do we do this?” and it probably would have been five years from now if we really hadn’t been sort of forced in—well, not forced. It’s not that we didn’t want to do it, but it’s like, “O.K., we’d better get it done.” So, for both Jennifer and Megan, what did you think before you set this up? For both of you, what do you think the biggest challenges were going to be working remotely?

Jennifer:    We’ve always had a physical office space. It’s just having space for initial training and storage of conference and office supplies in Chicago. Right now, we have people in our main office Chicago and then we grew to Denver, and we have one of our tech people in Detroit. Since it’s always been mature attorneys or an office manager who has thirty years’ experience, there wasn’t the need to have the supervision of making sure people come in on time because in running a news service, we know if you’re producing work or not. It’s really more for initial training or for the purposes of picking stuff up. So really more of the remote issues that we’ve encountered along the way have been dealing with operating in different states and some of the laws relating to that.

Sharon:      Yeah, you just have to think about the fact that different states have different compliance standards to think about. Did you think when you brought on people in different locations like Seattle or Detroit, did you think, “Oh my god, how am I going to keep everybody together?” or what did you think the challenges might be?

Jennifer:    It is really, really organic. The Detroit person is one of our more technical guys and he has a tight relationship with my spouse, who actually handles the real high-level oversight of the more technical end of the website because we’re an extremely high-volume website and they’re kind of buddies. So, they handle their thing and the Denver part of it grew very organically by adding an additional tech person in Denver. We had a person who had been working with us for a while who was relocating out there for her husband’s position and so we agreed to keep her position and we’ve just found a whole little kind of hub of really good talent out there. We’re actually now starting to actively hire more towards the East Coast and bring in people in specific time zones where we might not have anybody, but the other part of it was just based on people—we try to accommodate the needs of our employees and to try to make it a win-win with the company’s goals.

Sharon:      And Megan, were there challenges that you expected or that you didn’t think about that popped up?

Megan:       Most of the challenges that we faced were expected. I mean the typical ones like—well, change is really hard, especially from a technology standpoint, so I think there are always technology issues along the way. I expected that. I knew people were going to have trouble adapting to the new system, especially when you’re used to something for so many years. I think there will be challenges to come because we’re still in the midst of a pandemic. In California, we’re pretty locked down here. I think there will be different kinds of challenges when everybody can start seeing each other again, like logistical I think is a little bit hard right now. Before, we would all be at the office and we’d jump in the car together and go see a client and I think that will be different. I think what Jennifer said—it’s like Jennifer has an office where you can kind of do some physical pickup of things. That’s all going to be remote for us and we’re going to be doing drop-offs of computers when we have a new employee and if someone leaves, picking them up and how that’s all run and handled. Those things I think are challenging. You don’t really think about all those little things as you move virtual, but those were all challenges and things you have to figure out a plan for.

I think the one challenge that—not only is it happening now, but I think it will get harder as we continue to be virtual and live in this virtual world longer, is we’re in the creative space and so there is a lot of collaboration and right now every collaboration is intentional. So before in the office, you would just say, “Hey, Sharon, can you swing over here and take a look at this? Look what do you think?” And we would sit there and have it out or I’m sure it happens the same with you, Jennifer. We sit down randomly and have brainstorm sessions and strategize. Now all of that has to be intentional. It’s more like, “Sharon, do you have twenty minutes tomorrow at 10:00 a.m. to go through this” and so it’s less of a spur of the moment and I think that that will—it can impede collaboration.

I think there are ways to combat and ensure that we’re doing the same things as we once did physically. For example, we’ve created something called Co-llab which is really just an intentional weekly meeting where we can all get together and bring things to the table. There’s no agenda. It’s just like, “Here’s my challenge” or “Hey, can you look at this ad? What do you think?” or “What about this copy” or “I’m struggling with this pitch” and we can all just bring things to the table. So, it has to be much more planful and intentional now.

Sharon:      In technology—because technology was the most daunting thing—I mean there are a lot of like you say, bugs that have to be worked out, but to me, from my perspective, it was thinking about how do we move the technology, are we in the cloud or is it a server or whatever and then also, we use Microsoft Teams in terms of collaboration. Jennifer, you are on Slack?

Jennifer:    Yeah, the technical end of it has been the easy part for us because we’re a tech-based company given the volume of publishing that we do. We publish anywhere from 65 to 85 articles a day, and that’s why we also have people in different time zones. It’s sort of challenging when we’re hiring and we’re like, “We’re publishing anywhere from six in the morning to seven at night” and interviewees are like, “I’m not working those days.” We split that up into different work teams and that concept gets kind of messy in a lot of the minds of people we interview who are working nine to five, but ultimately our clients win if we get the best results for them which means a quick turnaround on their publishing and we win because we make half of our revenue from advertising, so we have every incentive to get their content out there quickly and to do the best with it that we can. So, since we have people working in different shifts, in different time zones, all to produce news content, they have developed a great system on Slack where they talk throughout the day, figure out who’s doing what, who’s doing the social media, who’s doing the formatting of the content and the SEO work and who’s publishing it.

On the front end, we do scheduling as far as a month out on our work calendar. We have a system where; we ask folks to put their preferred hours to help fill publishing time slots during the day so we can cover the publishing cycle. Then we also have staff available on the weekends for publishing and customer service—so it’s like our road map for things. I wish I could have found something to read on how to do this, but we just kind of felt our way through it with both the scheduling of people and the timekeeping and then the daily conversations on Slack kind of evolved organically.

We have subcommittees for social media, advertising and SEO and a couple of other groups for projects and then we have regular team meetings. We usually will have a written agenda of things for our meetings that we want to go over, not that we can’t talk about different things, but in order to have a roadmap of who’s going to be covering what and what the deliverables are from the last meeting, so everybody knows they’re going to be held accountable and to have their stuff ready. So, we’ve just had to develop a lot of formalized systems but have done it through technology.

Sharon:      It’s interesting how—I’m sure you’ve hit roadblocks along the way and said, “O.K., we tried that. That wasn’t really the way to go.” You also have been able to do this over time, whereas a lot of firms are scrambling right now. Yes, there’s an aspect of scrambling, but we had a foundation of people working remotely. It wasn’t like, “Oh my gosh, what are we going to do?” It’s nice to have that luxury of trial and error and it sounds like it’s really served you well in terms of “O.K., we tried this. This is the way we want to go. Let’s go around this way.”

Megan, for firms that are considering or who are in the midst of going remotely or debating whether to revert back when get to the new normal or to go totally remote, what do you think the firm should be thinking about?

Megan:       Well, I think it’s a big decision for a lot of firms to decide what to do when things start to get back to normal. I’ve talked to so many people who have said that they love the virtual world, and their employees and the staff love the virtual world. It gives them a lot of flexibility; a better workplace balance and they can’t imagine going back. I’ve spoken to a lot of employees who have said they’re not going back. So, they’re really hoping that their employer’s going to be amenable to their request because they can’t imagine going back into the office. I’ve talked to a lot of folks that feel differently. They really believe in having that physical presence and having that office and having people there every day.

I do think that this pandemic has changed the mindset on virtual. I think there are a lot of sort of nonbelievers out there that turn believers because in their minds it was impossible. I mean there was no way that they could operate virtually, but when you’re forced to operate virtually, you realize that you can and actually there are a lot of benefits that come with it. I do think there are more believers out there. I think that that will change permanently. I think if you’re considering embarking on going virtual, even partially virtual, maybe you decide to have your employees come in twice a week or whatever it might be or downsize your offices. You just kind of share space differently. I think you really have to come up with a plan of action. To me that was so crucial when we made the decision, we were going to officially go virtual.

I did a ton of research and thought about—I mean technology is one small piece. Privacy is a big piece. For example, there are some employees who are sharing their living with a roommate or a partner and you have to think about privacy issues beyond just secure technology, but what if someone’s overhearing conversations of confidential information, but they’re living in 600 square feet, what do you do? So, there’s a lot under each umbrella. I think that plan of action includes everything from how meetings are going to work, as Jennifer went into detail about how they handle their meetings, what to do when like for example the internet isn’t working very well at home. That happens all the time. It’s amazing. It’s like no matter how much you call your internet provider, nothing happens. So, what do you do when something is the matter with your internet?

I think of all these things—first there’s a lot online. There are a lot of people who’ve done this, so talk to people who’ve done this; they can tell you their mistakes or the things that they overlooked, but a simplified plan of action of all the things we needed to be thinking about really kept us on track and made sure that we really—and we did things in phases. I think that was a big thing for us. Don’t try to tackle everything at once. We had almost a year to move out of our office. We took that time, and we did little by little by little. That was so helpful. If you try to move out of an office in a month, you are going to be scrambling.

Sharon:      I think you made some very good points about the fact that if you do it in phases. First of all, I do have to say that you were the main planner and driver of going virtual and I give you a lot of credit because it really went—it happened, and it didn’t happen with people tearing their hair out. So, I think that’s—

Megan:       Just me tearing my hair out.

Jennifer:    Your hair still looks very good.

Megan:       Thank you, thank you.

Sharon:      Jennifer, you must have seen over time a real evolution in how people view—ten years ago, you just didn’t say if you weren’t going to the office. You must have seen a real change.

Jennifer:    Well, we have one advantage. We’re the kind of business that nobody visits us, so it’s not like we’re going to have client visits. That was one thing that kind of made things a little bit easier with the whole virtual situation, but yes, perceptions have changed drastically over what it means to work from home and we work very purposely when we interview to ferret out people’s perception of what it means to work from home because being in the publishing business, there’s a lot of freelancers and there are a lot of folks who are like, “I’m just going to work when I want to work” and we try to explain the rigid schedule of news publishing, if they haven’t worked for a newspaper or a daily publication, how—no,  it’s got to be between certain hours and that there’s structure in order to produce the product that we do for our clients. But yeah, I mean initially ten years ago, there was a perception either that it was kind of two extremes, either you were like some lady who’s doing quilting in her basement or you’re like Bill Gates and you can work from the south of France and there were very few in-the-middle kinds of situations.

So yeah, it took a little bit to educate people whom we were bringing onboard on what the expectations were. I mean we’ve learned an amazing amount over the years—it’s a huge red flag if somebody says in an interview like, “How do you know if I’m working” and it’s like, “Oooh.” So, we just have figured out mostly through being exceedingly descriptive when we post jobs and then continuing through the interview process of explaining what our daily routines are, and to explain that there is some expectation of an in-person component for both work and training.

For training, we train normally pre-COVID three weeks one-on-one to get folks into the publishing process because it is pretty difficult to find people who have SEO experience and legal experience and publishing experience, we’ve yet to find the trifecta of somebody who has all those things. So, we’ve found it most effective when we train to sit down with people so we can see if, versus virtual, if their eyes are glazing over because we’re going over something that’s routine for them or if it’s a new task that they have no clue what’s going on, so we can better tailor our training and also develop rapport because we know eventually, we will be working remotely.

We have multiple people interview everybody when we hire, which some interviewees are confused by. Especially in the publishing process, it’s an all-day-long cycle of either different team members coming on and tagging in or working jointly in different parts of the publishing process. We really want a cohesive team, and we want anybody who’s joining us to know what they’re getting into and to have as many different people to talk to, to get a flavor for that. And by the same token, anybody we bring onboard, we want the full buy-in of our staff. So, the net of it is, in person when we can, monthly in-person meetings, like we do an LMA meeting and usually work together as a group in the afternoon pre-COVID. -. In-person training and then we do lots of conferences, and we try to mix up the people who are going to different events and can get to know their coworkers and their clients better.

Sharon:      That’s really nice. You have the independence and then really work to build the camaraderie among different people. Megan, what do you think? What are some of the questions or what are you looking for when you’re asking somebody about coming onboard to Berbay?

Megan:       So, we’ve only hired one staff member virtually and onboarded and trained this person virtually, so we’re fairly new to doing this and I think a lot of the questions and sort of what we’re looking for in a candidate is very similar to before. There are of course questions related to their space. Do they have a designated office space or not, and have they had experience working virtually? Would this be their first experience? How do they manage their time productivity?

It’s interesting. I found that we are working more productively, longer hours virtually than when we were in the office and there are a couple of reasons for this. I think one reason is that we’re all locked down, so there’s nothing else to do, so we just fill our time with things that we need to get done. I think that because you have a lot more flexibility, that you kind of work different hours. Sometimes you’ll work a big chunk in the morning and then you’ll take an hour or so break, eating lunch, maybe going outside and then you’re back to working. The fact that you’re able to break whenever you want during your day at the convenience of your schedule I think works really well versus when you are in the office, you are in the office. Even if there was a slow period, you were in the office.

You just kind of did what you needed to do, but I do think when you’re finding candidates, I mean you really need someone that is used to that autonomy and if they’re used to working side by side with people and they’ve never had that remote autonomous position, I think that’s going to be challenging. With that said, if they’re a very disciplined person and motivated and proactive, all the qualities that probably any company looks for, I think that a lot of people can adjust and will find—if you probably talked to anyone at Berbay including myself, we all agree that it’s just been so amazing working virtually. I mean there’s a lot less planning you have to do and that frees up your mind for other things, like for example a lot of us who go to the office, we think about meal planning: what should I make the night before so I can bring lunch in the next day or what time do I need to leave so I can get into the office on time for whatever call I have? You have to think through all those things. You have to plan them. Even your outfit, when you’re at your office, some people love to do the day before if you have a meeting. So, there are a lot of things you have to think through. I think the fact that you have more brain space now and not have to think about that makes a big difference. I know I sort of got sidetracked with the questions, but I think those are all the things that you can kind of probe a candidate for in terms of discipline, ability to be autonomous, their experience with remote work, etc.

Sharon:      No, I mean there is more brain space because you don’t have to figure out what time do I go to the gym, should I make lunch, should I pack dinner for the night before for lunch. I think the main difference—what Berbay and Jennifer are saying—and I thought that was an interesting point—is somebody in what we do, can be a freelancer in a sense. I mean they can be part of our team, but be a freelancer, where, Jennifer, you need somebody who is going to be available at certain times; it doesn’t matter if there in an office or not; they have to be available to take an assignment at a certain time and get it done at a certain time. So, that’s interesting because I think candidates who haven’t been exposed to what Jennifer is saying would have a hard time sort of wrapping their heads around the fact, “Well, I’m not a freelancer, but I’m not in an office.”

Jennifer:    Yes, it’s been challenging. We really, really, really, really try to front everything in the interview process. That makes it sound like there’s something sinister going on here. We have exceedingly talented people. Most of them have advanced degrees and have years and years of either publishing or SEO experience or editorial experience and some legal, and so to talk to interviewees and say, “Well, we kind of work in an assembly-line environment” for lack of a better way to put it because we have somebody who checks what’s coming in and then verifies that we can publish it, formats it, does the SEO work, has an editor look at it and makes it go live, does the social, does homepage placement. We kind of repeat that process for 60 to 85 articles throughout the day.

As things come in, editorial questions come in from our clients who want changes to things or just have general questions and to understand the interdependence of how to do that for 12 hours a day with different people working, it’s easy to explain it to somebody who’s worked in a news environment, but even with that, that tended to be more print, intended to be super deadline specific, we tend to publish live and cut things off at a certain time in the day. So, there’s a lot of judgment calls at the end of the day if we have things coming in still if they’re breaking news, if we publish them or wait until the next day.

So, that whole process I think is somewhat unique between having our own writers’ writing, original contributed content and then syndicating content from law firms and mixing it up into a newsfeed. That’s not super-common out there. It’s not like we can recruit people who’ve been doing the same thing at other places. There’s a learning curve and a trust curve.

Sharon:      No, I can understand that. That would be a difficult thing to find. To me, I’m still struck by having to explain these to them overnight. It’s not freelance, but you’re working virtually basically. So, Megan and Jennifer—Megan, let me start with you.  Based on your experience, what would you tell other firms who are considering going totally virtual or what would you say the benefits are? What would you do differently? What would your advice be to them?

Megan:       My advice to those that are going to go virtual, first is give yourself—however much time you think it’s going to take to really go virtual, I would double it. I think the fact that we had essentially a year to do it was incredibly beneficial and mind you, I took that year very seriously. It’s not like I started four months out. I mean I really started at the top of the year and just started chipping away at the paint because that was the only thing that my brain could actually handle getting out of this physical office and transferring technology and all of the things that had to come with it. So, I would say give yourself ample time.

I think that there are an enormous of benefits from working virtually, challenges too, but I think that there is a new meaning to the work-life balance. I think that whatever the new normal looks like, I believe that people are going to be permanently changed. Maybe everybody can’t wait to get out of their house and I’m sure a lot of people can’t wait, but at the same time, I think once we’re able to get out, I think we’re going to love the fact that we had that time at home and with our family and the quality time and we’re going to need that, and I think the virtual workplace offers that.

I would say the other piece of advice too is have someone to support you. Don’t think that you have to do this all your own. This was very a team approach of Berbay. Everybody had a role in going virtual. Every single staff member had a role in helping get to the virtual space. So, someone has to lead the charge of course, but just rely on your staff as much as possible and everything is overwhelming with change. I think just taking it day by day—I know that that’s such a simple piece of advice, but it’s really true. I think I had a realization moment where I knew that I couldn’t think too far ahead. You just think about the day, think about the week and what you’re going to achieve and over time, you’ll see how much progress you’ve made.

Sharon:      Megan, we had that year, and you had that year, but that still sounds like if you could have had more time, you would have. At the same time, if this hadn’t happened and we said, “O.K., we’re going to go virtual,” I think that five years down the line we’d still be converting. So, what do you think? Do you have an idea of what—is it a couple of years you think? What would you say?

Megan:       It’s a good question. I think it depends on the size of your company. I think that plays a big role. I mean we had one office. We were a small team. We can work leanly. There’s not a whole lot of bureaucracy, so decisions were made very quickly, very easily. So, I think depending on the size of the company, that can change. I think if you’re working with multiple offices and maybe each office is doing something different, that can be a challenge. I do think creating some kind of timeline, even if it’s over a long period of time, that’s O.K. You just have to create a timeline and really stick to it because we were forced into that timeline, but I think that it was probably one of the more beneficial motivators we had in place. It was like we had that—we couldn’t change the timeline. It wasn’t like we could say, “Well, our lease was up. We weren’t going to renew, so we had to get out of the office by February 1.” I think that’s why the timeline is so crucial, but again, I think you’ve got to rely on your staff and it’s so important. You can’t do this on your own. I talked to probably ten other employers who went virtual. I just picked their brains for 20, 30 minutes and just got the rundown of everything I needed to know, and you just get it done.

Sharon:      And you did and once again, I give you a lot of credit. Jennifer, in wrapping up, what would you like people to know? What do you think they should know about working remotely or going remote or words of wisdom?

Jennifer:    Well first of all, what a wonderful way you guys rolled it out, you had a hard deadline, but a lot of runway at the same time in order to make it happen and it’s fantastic that you pulled together as a group. One thing I can say, we were exceedingly blessed to have an extremely strong office administrator when we first started. Not only was she very experienced in the law firm world, but she was technology savvy, and you don’t always find somebody with a huge amount of experience in tech and office systems. So, we had her—thank you, Shirley—early on and actually now she works for a client of ours and came from a client of ours before.

So, I would say if you can, start out with strong parameters like having filing protocols and having systems for reporting time and requesting time off, formal systems for payroll. Just because you’re working remotely or have a small team, that stuff doesn’t go away. I think the stronger systems that you have in place like they do at larger companies makes it simpler to make that transition and then just letting team members know not only do they have input into how to change them or tweak them, but that we actually do take our team’s input and implement the changes.

Sharon:      And I think that’s a good point because I think that goes a long way in terms of pulling people together and making them feel like they’re part of something, at least knowing what the protocols are. It’s not like, “Well, I can do whatever I want. I’m floating in space. I can do whatever I want.”

Jennifer and Megan, thank you so much for talking today. I’m sure that those listening gleaned a lot of information and we gave everybody a lot to think about and I hope we didn’t scare anybody off. Thank you once again for being here. Jennifer Schaller who is the Managing Director of The National Law Review and Megan Braverman who is Principal of Berbay Marketing & Public Relations. Thank you both.

Jennifer:    Thank you.

Megan:       Thank you.

Sharon:      We hope you apply what you learned here today to propel your firm forward. If you have questions or want even more resources, go to Berbay.com and as always, thank you for listening.

© 2020 Berbay Marketing & Public Relations


For more articles on remote work, visit the NLR Labor & Employment section.

Farm Lending Pitfalls For Urban Lawyers

OK, so you’re a sophisticated lending attorney in Metropolis who is comfortable with everything from aircraft financing to syndicated loans secured by casinos in Macau. Yet you feel a twinge of uncertainty when a business loan is to be secured by wine inventory made from grapes grown in both California and Washington. You know intuitively that anytime farmers, ranchers or food processors are in the mix, either as a borrower or a supplier to the borrower, the underwriting and documentation challenges are not uniform on a state-by-state basis, and are compounded by an overlay of federal laws designed to protect growers of perishable crops and providers of livestock. To get a reality check, you sometimes will secretly call your law school classmate who oddly returned to Smallville and now represents its one bank.

Your concerns are justified but can be reduced by understanding a handful of specific laws that should prompt discussion of documentation and collection risks. First and foremost, all 50 states have unique lien statutes designed to protect those who provide goods, services, land and labor to farmers, ranchers and food processors. Dealing with competing liens and quantifying risk is nothing new to lenders, but the problem posed by agricultural liens is that they often are not searchable (no public filing is required), yet they often are senior in lien priority to conventional Uniform Commercial Code (UCC) security interests. As a result, the number and size of such liens are unknowable except from reliance on the borrower’s own books and records, which hopefully are current and accurate.

To exemplify this risk, let’s return to the winery loan that made you uneasy. California law provides a Producers Lien (Cal. Food & Agric. Code 55631-55653) to unpaid grape producers in an unlimited amount without requiring any public or searchable filing. A Producer Lien’s priority is senior to all UCC security interests and other claims, except for UCC warehouse liens and laborers’ wage claims. Cal. Food & Agric. Code 55633; Frazier Nuts v. American AgCredit, 141 Cal. App. 4th 1263 (2006). The Producers Lien attaches not only to the wine sitting in the borrower’s inventory, but also to the accounts generated by the sale of wine. Frazier Nuts, supra, at 1270. Thus, the lender’s $10 million revolving line of credit, ostensibly well secured by wine inventory and accounts valued at $20 million, has a far different risk profile if the borrower did not fully disclose the amount of unpaid grower claims, an amount which varies during the winery’s business cycle. The full amount of these Producer Liens will prime the lender’s unpaid loan if collection remedies ever become necessary. Cal. Food & Agric. Code 55634.

Faced with this risk, a reasonable lender might attempt to identify likely holders of Producer Liens and obtain a waiver or subordination of the statutory liens. This solution is possible but not foolproof; waivers of Producer Liens laws have been overturned on grounds showing they were not knowingly and intentionally given. See, e.g., Silva Farms v. Wells Fargo Bank (In Re GVF Cannery, 202 B.R. 140 (N.D. Cal. 1996).

Before throwing in the towel, however, bear in mind that some statutory agricultural liens are searchable because of public filing requirements and are also governed by the UCC’s “first in time” priority rules. Seee.g., California’s Dairy Cattle Supply Lien, Food & Agric. Code 57401-57414; Agricultural Chemical and Seed Lien, Food & Agric. Code 57551-57595; and Poultry and Fish Supply Lien, Food & Agric. Code 57501-57545. These filing and priority rules resulted from efforts by the UCC’s Permanent Editorial Board to bring statutory liens within the UCC’s framework, but only with partial success. Thus, the lawyer’s analysis includes not only spotting the potential statutory lien, but knowing when its risk is manageable or mitigated by the specific lien’s UCC-like searchability and collection priority.

Moving beyond state lien laws, which by themselves are powerful tools in a priority dispute with a conventional UCC lender, federal laws sometimes provide an even more powerful tool. Growers of perishable fruits and vegetables, as well as providers of livestock and poultry, are afforded federal protections under the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. 499, and the Packers and Stockyards Act (PASA), 7 U.S.C. 181. PACA and PASA do not simply create a lien that competes with a UCC security interest; they may actually impose a trust on the farm products, the inventory created from such products and all receivables and other proceeds generated by those perishable commodities and livestock. 7 U.S.C. 499e(c)(2). By placing these products and proceeds in a trust, any purported security interest in the same assets is limited to the residual value after the trust beneficiaries – the unpaid suppliers – are paid. And when assets are subject to a PACA or PASA trust, certain individuals are saddled with the legal duties of a trustee to pay those unpaid beneficiaries, creating strong incentives for the PACA or PASA trustee to do so to avoid personal liability.  Seee.g. Coosemans Specialties v. Gargiulo, 485 F. 3d 701 (2d Cir. 2007).

To quantify the risks posed by these federal statutory trusts, the limits of these statutes and common defenses to them must be understood. For example, the most common questions for the application and extent of the PACA trust include: (1) is the product a perishable agricultural commodity under 7 U.S.C. 499a(b)(4); (2) was the receiver of the produce licensed or otherwise subject to PACA under 7 U.S.C. 499a(b)(6); and (3) did the PACA claimant comply with, or waive the protections of, PACA? A common defense to a PACA claim is that the payment terms exceeded 30 days. 7 C.F.R. 46.46(e)(2). Other more technical disqualifying terms or deficiencies are numerous. But once the lender is aware of the possibility of a federal trust being imposed on the collateral in question, the lender cannot rely upon the prospect of the trust beneficiary’s mistakes to value its own collateral when making underwriting decisions.

In short, an agricultural loan backed by a UCC security interest must be underwritten, sized and subsequently monitored based on the risks posed both by these federal trust statutes and a host of non-uniform, state agricultural liens. A survey of state agricultural liens, PACA and PASA are the subject of entire treatises and beyond the scope of this overview.  (Excellent scholarly papers and 50 state surveys are available from the National Agricultural Law Center, https://nationalaglawcenter.org.) The key for the careful transactional lawyer is to identify the risks and ask the right questions. Because these statutory liens and federal trusts reflect strong public policies, most of these statutory liens and trust rights cannot easily be waived or avoided, but they can be understood and the associated risks managed. In few areas of commerce is this exercise more challenging than agricultural lending to farmers, ranchers and food processors of every type.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.


In Appreciation: An African American Woman Lawyer on Dewey’s Mob-busting Team

Introduction

As the legal profession addresses issues of diversity, recruitment, and fairness, National Law Review looks back to spotlight the role of an African American woman attorney on Thomas Dewey’s mob-busting prosecution team during the Great Depression. We interviewed Marilyn Greenwald, professor emerita of journalism at Ohio University, about Eunice Hunton Carter. Carter helped convict Charles “Lucky” Luciano in 1936 and later served as a legal advisor to the early United Nations. Professor Greenwald and Yun Li are co-authors of a book on Carter that will be released in April:  Eunice Hunton Carter, A Lifelong Fight for Social Justice (Fordham University Press). Li earned a Master’s degree in journalism from Ohio University in 2016 and is now a reporter at CNBC.

This fascinating look at history explains the role of a legal pioneer and also deals with litigation topics as timely as today’s headlines:  jury selection, the power of the state, preparation of witnesses, and the role of the press.

NLR: The legal profession, media, and other institutions are focused on spotlighting forgotten figures from history, particularly women of color.  How did you learn about/discover the African American woman lawyer on Thomas Dewey’s mob-busting prosecution team?

Answer:  We learned about Eunice Hunton Carter during a visit four years ago to the Mob Museum in Las Vegas, a non-profit museum dedicated to the history of organized crime. The museum features an exhibit about the sensational mob trial of Lucky Luciano during the summer 1936. On the walls are individual photos of Special Prosecutor Thomas E. Dewey and his team of 20 assistant prosecutors, whom the press had labeled the best attorneys in the city. All were men, and all were white – except for one black woman. We knew at the time that there must be an interesting story behind her appointment during an era of stifling racism and sexism, and at a time when very few attorneys were women.

NLR:  June 7, 2021 marks the 85th anniversary of the Lucky Luciano conviction.  What stands out about this case, and the role of Ms. Carter?

Answer:  Carter established the crucial link between prostitution and mob activity — a connection that had been unrecognized by law enforcement officials, and one that ultimately clinched the case. Law enforcement officials in New York City and around the country had been unable to prosecute members of organized crime for actual criminal activity. In Chicago, Al Capone was prosecuted for tax fraud; other mobsters slipped through the legal system entirely. So prosecutors had their work cut out for them. Before she was appointed to the legal team, Carter – the first black female assistant prosecutor in New York – had been working in Manhattan’s Women’s Court, where much of her job consisted of prosecuting prostitutes. After Dewey named her to the team, she remembered that many of the penniless prostitutes she had prosecuted employed high-priced attorneys and bail bondsmen. She theorized that the financial help may have been coming from the mob.

Dewey at first rejected her theory; he didn’t believe it, and thought it would be bad public relations for the team to imply that poor prostitutes were somehow involved with mob activities. After more research by Carter and another member of the team, the theory was borne out. Carter was also instrumental in extracting evidence from the prostitutes and prepping them for their testimony. At first, the women were so intimidated by other tough investigators on Dewey’s team that they wouldn’t speak up. Carter ultimately earned their trust and had them open up so that they would serve as credible witnesses. The testimony of the prostitutes – and what they witnessed – was breathtaking and emotional.

NLR: Dewey and Carter formed a lifelong friendship and professional alliance after the mob trial, even though they were very different personally. How did these differences help the prosecution?

Answer: Carter had a low-key personality and a quiet demeanor. Dewey, who was once a professional singer, was a showman who loved the spotlight.

Carter’s forte was conducting dogged research, often perusing thousands of documents in solitary offices and libraries for weeks at a time. Dewey used his charismatic personality to get information from people and subtly – sometimes obviously—manipulate people and institutions. Dewey, the consummate public-relations man, realized that the legal team could not work effectively under the continual scrutiny of the press and the public. So he met with top editors and publishers to work out a deal – if the newspapers of the era would lighten or eliminate their coverage of the investigation, Dewey would talk to reporters when the probe was completed. The editors agreed, and the actual year-long investigation and the prosecution’s methods got very little coverage in the New York newspapers.

NLR: Dewey was a charismatic prosecutor and he of course won the Luciano case. But wasn’t the team accused of using some questionable tactics?

Answer: Lucky Luciano was convicted of more than 60 counts of compulsory prostitution and sentenced to 30-to-50 years in prison. It marked the first time a New York mob boss was found guilty of a significant felony. Thomas Dewey instantly rose to fame as the nation’s top mob buster.

After the trial, some labor officials and civil libertarians questioned some of his tactics during the investigation. Dewey arrested 100 women in secret round-ups and left them behind bars at the New York House of Detention in Greenwich Village as material witnesses. All the prostitutes were kept in jail while Dewey’s lawyers interviewed them day and night, and sometimes threatened them with prison time if they did not agree to link Luciano to the vice ring. This practice was under scrutiny on cross-examination during the trial. After the trial, some of the prostitutes recanted their testimony, but the verdict was maintained, and a retrial was denied.

Other questionable methods revolved around jury selection and wiretaps. Judge Philip McCook approved Dewey’s request for what was called a “blue-ribbon” jury – a jury made up of middle- and upper-class people, all of whom had served previously on juries. The Luciano jury consisted of 14 white men, many of whom were business executives. Dewey’s team even approached the president of Goldman Sachs to be a juror. All of them had also read about the case in the newspapers, which at the time were overwhelmingly supportive of Dewey, painting Luciano as the nation’s most dangerous and brutal crime lord. Later, research indicated that in more than three-fourths of criminal cases studied, “blue-ribbon” juries voted to convict. The year after the trial, the New York state senate attempted to abolish such juries but they were not ruled unconstitutional in New York until 1965.

Without a court order, Dewey authorized full-scale wiretaps and the tailing of some of the key bookers, which uncovered the inner workings of the prostitution ring. The wiretaps confirmed the fact that many prostitutes had used the same lawyers employed by the mob to get them out of trouble. The liberal use of wiretaps was widely criticized in the aftermath of the trial. The New York state senate also attempted to limit the use of wiretaps shortly after the trial when some labor organizations and civil libertarian groups claimed law enforcement abused their use. These groups argued that evidence gathered from wire taps should be held to the higher standards followed in federal courts. Due in part to a politicized atmosphere – with Republicans including Dewey opposing the proposal and Democrats supporting it – the measure was defeated.

Interestingly, these questionable methods were not brought to light by any of the reporters who covered the case – or, if they were, their controversial use did not appear in published stories.

NLR: How did Thomas Dewey come to know about Carter and her work?

Answer:  In some ways, Dewey was ahead of his time when he hired the team to investigate the mob. For instance, he hired Jewish lawyers on his team at a time when some law firms would not hire Jews. He always maintained that he hired the best people for the job regardless of their race, ethnicity or religion.

In the case of Carter, she entered Dewey’s radar after a brutal race riot in Harlem in 1935 that led to scores of injuries and the arrest of 50. Mayor Fiorello LaGuardia immediately appointed a bi-racial, eleven-person panel to investigate the possible causes of the riot. Carter, who was then a social worker in Harlem, was named as the group’s secretary, assigned to collect tips and evidence and organize the final report. The group concluded that the ultimate cause of the riot was economic inequality, and it marked the first time that black residents spoke about the toll poor housing, unequal education and inferior medical care took on their neighborhoods. Her work – which ultimately resulted in the passing of seven bills in the state legislature – was widely admired, leading to praise from LaGuardia himself. Shortly thereafter, Dewey named her to his team.

NLR: How did Carter manage to succeed as an attorney and prosecutor in a profession that was almost exclusively white and male?

When Carter graduated from Fordham Law School in 1932, there were few white women and even fewer black women in the profession. In 1920, there were about 1,500 female lawyers in the United States and only four were black, according to Ebony magazine.  By 1947, there were 6,615 women lawyers in this country, 83 of whom were black, compared to 174,550 male attorneys.

Carter succeeded in part because she was adept at networking and working to cultivate alliances with other attorneys and with other women who were interested in social justice and civil rights causes. She had always been a member of several attorney organizations, and she was extremely active in the clubwomen’s movement, a reform movement formed in the 19th century devoted to community service and designed to improve the lives of women and families through the promotion of education, health, and women’s suffrage. For decades, Carter was an officer or a board member of the influential National Council of Negro Women, and she served as its legal advisor for many years.

NLR: Besides the Luciano case, how else did Eunice Hunton Carter stand out?

Answer: Carter and Dewey became lifelong friends and associates; after the Luciano case, he was voted New York County prosecutor, and he named Carter head of the office’s Special Sessions bureau, which handled 14,000 misdemeanor cases a year. She worked there nine years before returning to private practice and becoming more active in civic and social-justice causes. A lifelong Republican, she also campaigned for Dewey during his bids for New York governor and U.S. President. Shortly after she left the prosecutor’s office and re-entered private practice, Carter became a legal adviser to the United Nations shortly after its founding in 1945, working with Mary McLeod Bethune and other national educators and reformers.

Copyright ©2020 National Law Forum, LLC


For more articles on the legal industry, visit the NLR Criminal Law / Business Crimes section.

Paid Social Media Advertising Campaigns for Law Firms: Part 4 Good2bSocial Academy

Last week, we looked at creating an effective law firm social media marketing strategy, the third module in the Good2bSocial Digital Marketing Certification for law firms.  Previously, having an active law firm social media profile as a place to promote firm content was an effective strategy; however, the social media landscape has changed. Due to a saturation of business content on social media networks and shifts in algorithmic preferences, in order to achieve organizational goals and the desired ROI for social media, a paid advertising strategy can help ensure your social media efforts gain traction. Good2bSocial Digital Marketing Academy was developed after years of law firm training and is designed to meet the unique marketing needs of professional services firms and offers paid social media advertising best practices targeted to the needs of legal marketers.

Jay Plum, Director of Communications of Bracewell LLP, says, “The Good2BSocial Digital Marketing Certification program provides current and practical information that is tailor-made for legal marketing professionals at all levels who want to up their digital and social media marketing game.”

Below is a short preview of what’s included in the fourth module of Good2bSocial’s Digital Marketing Certification.

Benefits of Paid Social Media Advertising for Law Firms

A paid social media advertising campaign is an effective strategy offering a variety of benefits.  For example:

  • A paid social media advertising campaign expands your reach beyond your firm’s existing followers; opening up a new audience to educate about your law firm and its abilities.
  • The targeting abilities of social media advertising can allow you to choose who you want to see your content–putting the client persona’s your firm developed (discussed in module 1)  to good use.
  • Most social media platforms run on a pay-per-click budgeting system which simplifies budgeting and helps with cost predictability. Additionally, your firm only pays if the user takes the action you want.
  • With a paid social media advertising campaign, you have flexibility–the campaign can go for as long or as short as you want, and it is easy to stop, start and manage.

How to Get Started with Paid Social Media Advertising

Having a clear objective and understanding of the goals of your social media advertising campaign is a cornerstone of success. Are you looking to expand brand awareness through promotion of a brief introductory video about your firm? Perhaps your goal is to net qualified leads through content marketing, or to promote a webinar or other event designed to showcase attorney expertise? The key is to ensure your strategy is thought-out, and measurable, with a clear idea of what success will look like.

Additionally, creating a budget and having a clear idea of your target audience is crucial. Uncovering the ideal buyer’s persona is a good cornerstone for developing your paid social media advertising campaign.

Through the Good2bSocial Digital Marketing Certification course, legal marketing professionals can learn about the pros and cons of each social media platform, and use that information to help develop their own paid social advertising campaigns. Legal marketers learn about the standard costs associated with Twitter, Facebook, and Linkedin, as well as a look at YouTube and Instagram.  Through the course, students learn about the different targeting options as well as other helpful tools offered through each social network to facilitate targeting. Building on previous segments of the course, students learn to use the information gathered about their law firm’s goals and client profiles to create their own paid social media advertising campaign.

How to Use the LinkedIn Account Targeting Tool

Research conducted by Good2bSocial’s Social Law Firm Index reveals that 37% of AM Law 200 firms are using paid LinkedIn to increase brand awareness and for lead generation, and this number is expected to increase. LinkedIn’s Matched Audience components, Account Targeting is a way to market B2B and integrate Account Based Marketing (ABM) strategies into paid social media advertising. This is a technique that has demonstrated its efficacy–according to ITSMA 85% of businesses indicate an ABM strategy has increased their ROI.

The Linkedin Account Targeting tool is a self-service ad platform that allows sponsored content and sponsored InMail campaigns to be structured to a list of targeted accounts. A user can upload a list of up to 300,000 company names in .csv formats, and Linkedin will cross-reference this list based on the site’s 8 million company pages. An advertiser can go with the information provided by Linkedin, or can refine the list manually.

The Linkedin Account Targeting tool is a self-service ad platform that allows sponsored content and sponsored InMail campaigns to be structured to a list of targeted accounts. A user can upload a list of up to 300,000 company names in .csv formats, and Linkedin will cross-reference this list based on the site’s 8 million company pages. An advertiser can go with the information provided by Linkedin, or can refine the list manually.

Best Practices for Facebook Lookalike Audiences

Facebook also offers a Lookalike Audience tool which takes a current audience, and builds a similar audience based on shared characteristics of individuals who are not currently connected to your organization. By providing Facebook with a prospect or client list, or analyzing engagement on your website, or looking at who is currently following your Facebook or other social media pages, Facebook can take that information and build a campaign to an audience with those shared characteristics.  There are a few options available for building a Lookalike audience, but the effort can pay off with higher Click through rates and ROI. Again, understanding of your buyer’s persona is crucial here, to ensure you are able to effectively harness the power of Facebook’s targeting abilities.

Additionally, in 2018, Facebook announced an algorithm change that would prioritize “meaningful interactions” from friends and family over content from brands. Thus, paid support on Facebook has become crucial part of the mix for firms looking to make a meaningful impact on the platform.

Social media moves fast, and while that’s great for getting results and data, it can be hard to keep up with the changing trends, shifting algorithms and targeting tools. Additionally, creating effective thought leadership is big time and money investment, so harnessing the power of social media to get your desired message out there is crucial. Our goal here was to highlight pieces of the course available, but there is more information available through the Good2bSocial Academy. By going through the Good2bSocial Digital Certification, legal marketers are able to master the fundamentals–and better keep up with the shifting trends and changes in landscape.

To learn more about the Good2bSocial Academy and the law firm-focused topics covered please click here.

To Read Part 1 Good2bSocial Digital Academy for Law Firms – Inbound Marketing and Client Journey Mapping, click here.

To read Part 2 Good2bSocial Digital Academy – Content Marketing Strategy for Law Firms, click here.

To read Part 3 Good2bSocial Digital Academy – Developing a Successful Social Media Strategy for Law Firms

Stay tuned for more details on the topics and key takeaways included in the other six modules of the Good2bSocial Academy.

Copyright ©2020 National Law Forum, LLC
For more articles on social media advertising, visit the NLR Law Office Management section.

6 Tips for the Lawyer Working from Home

If you struggled with work-life balance before working at home, it can be easy to fall into unhealthy patterns that will burn you out and ultimately sacrifice your quality of work. These six tips for the lawyer working from home can help you be your most productive self while making room to nurture your wellbeing.

Create a Dedicated WorkSpace

A dedicated workspace will set the tone for your productivity and ability to focus throughout the day. It’s best to choose a location in your home that provides ample amount of natural light and a barrier to distractions. Your desk should be clutter free and have enough space for you to work without feeling cramped.

Implement a Work from Home Morning Routine 

Among all of the uncertainties that may arise during the day, your morning routine is one you should strive to consistently complete. You may already have a routine, or maybe you’re wondering how to find the time. It may require waking up a little earlier than usual but it will make a world of difference on how you approach your day. Your routine can be as simple as relaxing with coffee, walking your dog, or doing a quick workout before diving into your day. Check out this blog for more morning routine tips.

Invest in Software and Essential Tools

Long before the pandemic hit, tech companies have been creating a digital world with software that makes your work day flow seamlessly. In fact, technology built in the cloud, like PracticePanther, means you can access it without being in the office or sacrificing on the security of your company’s data. Lawyers working from home shouldn’t have to stress about accessing their data securely.

Implement Online Payments 

Many law firms are still holding onto outdated payment methods, the main culprit tends to be paper checks. Risk averse firms often aren’t familiar with new programs or they’re hesitant to implement them due to policy regulations. However, there are payment software systems that meet the rigorous legal industry’s regulations, and simplify the payment process for lawyers and clients alike. Not only will implementing an online payments system streamline your payments, but you’ll get paid faster and your clients will appreciate the efficient, secure process.

If you’re introducing online payments while working from home, be sure to effectively communicate with your clients the change and the benefits of offering this new payment option. The more educated and confident you are, the more likely your clients will feel comfortable making payments online.

Communicate with Clients

You likely have a variety of clients with varying levels of comfort when it comes to utilizing new technology or software. To limit unnecessary frustration, lawyers working from home should create a communications plan and send it to their clients. The communications plan should answer the following questions:

  • How long will you be working from home?
  • What are the different channels of communication you can be reached at?
  • What are your office hours?
  • How can I make payments?

Creating this plan will show your clients that you are committed to providing quality customer service while working from home and diminish any uncertainties they may have. Additionally, this plan will act as a way for you to set boundaries with your clients and stick to your routine.

Take Breaks

It’s very easy to fall into a cycle while working from home where it seems like there is no way to disconnect. Each day you will have to make a conscious decision to schedule breaks. Whether it’s cooking a quick nutritious meal or walking your dog, taking time for yourself is important and will limit burnout.

This article was written by Kamron Sanders.

© Copyright 2020 PracticePanther


ARTICLE FROM THE Practice Panther Blog
For more articles on the legal industry, visit the NLR Law Office Management section.