Category: Law Office Management

The Evolution of Legal Marketing

Reflections from the past and top tips for the future

The close of each year naturally encourages reflection, evaluation and fresh perspective. As 2019 draws to an end, it’s enlightening to look back on developments and innovation in legal marketing from not only the past year, but also over the past several decades.

After the 1977 decision in Bates v. State Bar of Arizona, in which the Supreme Court held that attorney advertising was a form of commercial speech protected by the First Amendment, restrictions on lawyer marketing diminished significantly. Today, according to the Legal Marketing Association (LMA) – Bloomberg Law Joint Survey Report, 62% of law firm respondents said their firms were increasing emphasis on business development and marketing initiatives. Further, 41% of attorneys reported hiring or increasing marketing staff as one of the top new investments over the past two years, and 63% said the continued investment showed not just in headcount but also in budgets that are projected to increase in the coming years.

I recently had the pleasure of hearing Sally J. Schmidt, an esteemed founder and first president of what is now the LMA (National Association of Law Firm Marketing Administrators, or NALFMA, at the time), speak about her legal marketing journey and about the organization’s very first meeting in 1985. The event drew 15 marketing directors from across the country. Schmidt’s audience laughed as she recalled that several of the early members were not permitted to disclose the firms they represented because, at the time, law firm partners felt legal marketing carried a stigma and was somehow frowned upon. Some were worried that firm secrets would be shared and others thought that a firm conducting proactive marketing might earn a scarlet badge of shame in the industry.

My, how times have changed! Today, the LMA has more than 4,000 members in 33 countries, and unites industry specialists from firms of every size. The community of consultants, vendors, lawyers, marketers from other professions and students encourages camaraderie, connectivity, support and sharing of knowledge.

Schmidt, who has published numerous books about legal business development and client relations, proceeded to guide her captivated audience through a variety of prompts that encouraged candid and even therapeutic dialogue about challenges, successes and epiphanies of individual legal marketers from their own professional journeys.

In her book Marketing the Law Firm: Business Development Techniques, Schmidt writes:

If you mention the word “marketing” to attorneys, it conjures up a wide and disparate range of reactions. Marketing is related to such positive aspects of the practice as client satisfaction, client retention and lawyer training. At the same time, it is associated with activities considered distasteful by many attorneys, such as selling, television advertising or direct mail … One of the great myths in the legal industry is that marketing is a new phenomenon. In its emerging formal and institutional state, perhaps so, but marketing activities have been performed in every successful law firm throughout the ages. Only the techniques and level of sophistication have changed. A close look reveals that the traditional marketing activities of corporate America are being performed in the law firm setting.

As the legal industry continues to evolve, so too must those who support the success of each law firm, both big and small. Here are some top tips that will ensure success and continued progress as you and your colleagues enter the new year.

  1. Listen and learn — Take the time to listen attentively and glean insights from those around you. Listen to your colleagues, to your attorney clients and to their clients. Many of the smartest minds work in the legal industry, and a fresh perspective is invaluable. No matter how many years of experience your résumé boasts, seeking the input and opinion of respected colleagues and acquaintances is always worthwhile. Accept feedback with an open mind and make an effort to get to know, and genuinely connect with, those around you. Even individuals who don’t work in your department will have something meaningful to share.
  2. Unlock your “Yes, and” — Second City Works, the professional services arm of the world-famous comedy theater and improvisation school Second City, teaches the practice of “Yes, And.” They challenge professionals to designate time specifically for exchanging ideas and brainstorming freely, without judgment and without rejection. This practice can lead to great discoveries and a whole new mindset when it comes to tackling workplace challenges and driving innovation — in legal marketing, in client service and in life.
  3. Set goals — Goals are truly the roadmap of your career. Getting lost is unavoidable if you don’t take the time to identify and chart short- and long-term goals for yourself, your team, your practice and your firm. Further, it’s affirming to look back and celebrate goals that you achieved and to renew or adjust goals that are still in progress.
  4. Ask “why?” — All too often, we do what we do because it’s what we’ve always been doing. The best legal professionals have the wherewithal to ask “why?” It’s helpful to question your own habits and your routine. Why are you doing what you’re doing? Where can you make changes that would be beneficial?
  5. Be positive — Every occupation has highs and lows, as well as pros and cons, but those who maintain an unwavering positive outlook prove to be resilient, successful and immune to burnout. Embrace challenges and growing pains, and reframe anything negative as positive every chance you get.
  6. Keep the big picture in mind — Sometimes we can get so bogged down in our day-to-day routines that it’s hard to step back for an accurate perspective. Today’s greatest legal visionaries strike a balance between the macro and micro components of this field. Preserve a big-picture outlook by using all resources available, delegating well and remaining abreast of trends.

The legal world is fast-paced, fascinating and ever-changing, and the story of legal marketing is sure to continue with twists, turns, innovations and new heights. Whether you’re a legal marketing veteran of 30 years or just stepping into your first legal marketing role, you are on a professional journey that’s entirely unique to you. Whatever your piece in the legal puzzle, now is the opportune time to plot your own strategy for blazing a trail in the legal marketing evolution.

© Copyright 2008-2019, Jaffe Associates

For more in Legal Marketing, see the National Law Review Law Office Management section.

Three Ways Litigation Finance Can Help Corporate Legal Departments

Corporate legal departments are generally measured by their ability to control legal costs, manage risk, and deputize external litigation resources, especially when their company is involved in litigation. Although a common feature of modern business, litigation is an increasingly costly proposition that is fraught with risk. In recent years, commercial litigation finance has emerged as an effective means of shouldering case costs and redistributing risk. While the number of law firms that have seized the advantages of this type of financing has grown exponentially, general counsels (“GCs”) and corporate legal departments have been slower to recognize the many benefits that it can offer, which has handicapped their companies by keeping a potent tool needlessly out of reach. Here are three things every GC should know about litigation finance.

Litigation Finance Offsets Risk

Litigation costs and other financial risks inherent to the legal process pose a daunting challenge to GCs. As a result, companies often forgo bringing lawsuits due to their impact on financial performance. Yet even when legal departments decide to forge ahead with legal claims, their outcome is often far from certain. The decision to bring a lawsuit, therefore, has the power to make or break entire companies. This risk is even more acute for smaller companies and those facing financial headwinds. A victory could revive a company’s fortunes, while a poorly conceived effort might precipitate the firm’s demise. Litigation finance mitigates that risk through funding “without recourse,” which allows a company to shift costs to a third party and only share an agreed-upon portion of proceeds with the funder at the successful conclusion of the claim. If a case is lost and no proceeds are recovered, the company is under no obligation to repay the funding amount.

Consider the following example: Suppose a small tech startup sues an industry giant for theft of its trade secrets relating to a revolutionary new product. The startup’s case against its unscrupulous competitor is seemingly strong as the brazen theft greatly damaged the fledgling company. Unfortunately, the lawsuit comes with a steep price tag, forcing the startup to spend more than $100,000 each month on attorneys’ fees and associated costs. Small and vulnerable, the startup is quickly exhausting its cash reserves as its better-capitalized opponent employs a panoply of defensive tactics designed to delay and frustrate plaintiff’s efforts at all stages of litigation. As legal bills continue to mount, the startup may need to abandon its lawsuit or accept a paltry settlement far below the actual value of its claim.

Faced with an existential threat, what the startup really needs is a cash injection from a litigation finance provider to pay for the escalating litigation costs while also providing a much-needed insurance policy against unforeseen financial difficulties that can result from litigation. The startup’s GC is surprised to learn that this type of funding is an increasingly common financing option that is available to companies large and small. In a typical transaction, a third-party funder can finance most, or all of the legal expenses associated with the lawsuit in return for a portion of any recovery. The funds may be used to hire top legal talent or procure additional expert resources. Essentially a corporate finance transaction, this type of funding can even be used to supplement the company’s working capital or clean up arrears to legal service providers.

The example above is just one of the ways that litigation finance can be used to hedge litigation risk. More creative GCs have been able to offset their institution’s litigation costs entirely by using a portfolio-based approach to finance all of their legal claims.  This type of structure typically provides a much larger financing commitment but requires cross-collateralization of several litigation matters. Where portfolio financing is utilized, it may provide a greater degree of certainty about long-term future litigation spend.  If the funding amount is substantial enough, GCs may no longer need to allocate for litigation budgets on an annual basis and take a longer-term approach instead.

Litigation Finance Can Transform Legal Departments into Profit Centers Through Balance Sheet Management

Under GAAP, litigation costs are reflected as expenses, which can negatively impact a company’s financials and quarterly performance. This is especially troublesome for public companies that are valued on earnings or cash flow or require certain financial criteria to be met to comply with credit covenants. For such companies, litigation costs paid from company funds must be recorded as expenses immediately when incurred, thereby diminishing reportable earnings. Worse yet, recoveries from successful legal matters may not offset the adverse impact of lawsuit-related costs because such recoveries are generally treated as below-the-line items that do not increase earnings. Moreover, some actions may result in favorable judgments which then take months or years to enforce, leaving a temporary hole in a company’s cash flows despite a successful ruling.

It is no surprise then that corporate legal departments are frequently perceived by management as cost centers, necessary to put out fires or navigate the laws applicable to a particular industry, but not as potential revenue generators. Traditionally, GCs who have identified a roster of affirmative litigation likely to yield significant recoveries will still need to convince their c-suite to take on the risk and immediate financial burden of funding lawsuits from the company’s own balance sheet. Enter litigation finance. When both the risk and burden are shifted to litigation finance providers in exchange for a portion of any recoveries, a company’s legal department can focus on unlocking the hidden value of its legal matters without the risk of negatively impacting its financials, becoming a potential profit generator for the company.

An Experienced Litigation Funder Can Help Optimize Litigation Outcomes

The quality and breadth of resources that litigants are able to deploy can greatly impact outcomes in legal disputes.  For example, the skill of the legal team, the quality of expert witnesses and other litigation consultants are important drivers of how courts and juries perceive the merits of legal claims. With litigation financing mitigating the burden of paying for legal costs, GCs have greater flexibility in assembling a first-rate litigation team. A legal department buttressed by litigation finance can focus on the skill and effectiveness of its team without worrying about negotiating for the lowest possible fees. Access to the support of top-quality counsel and litigation consultants can improve a company’s overall likelihood of success and the magnitude of any recovery.

Experienced litigation funders can provide access to these top litigation support channels by leveraging their network.  In addition, they can provide an invaluable outside perspective on the merits of a case during the due diligence process and throughout the pendency of the claim. When choosing a litigation funder, consider the expertise of the funder’s team and if there are any practice areas which they target in their investment strategy.

A trusted litigation finance firm should demonstrate the highest professionalism, abide by the explicit understanding that a third-party funder should have no involvement in the litigation or strategy, and should protect attorney-client privilege and confidentiality at all times.  When these essential confidences are met, engaging with a third-party funder can be enormously helpful in assessing the merits and risk of a case, budgeting litigation spend, and providing access to first-rate litigation support.

Conclusion

As litigation finance continues to gain popularity among law firms, GCs should also take notice. As businesses continuously seek to gain a competitive advantage over their peers, the ability to mitigate the risks associated with litigation should be an important consideration, especially since poorly conceived strategies can often carry existential consequences.  GCs, therefore, should recognize litigation finance as an indispensable asset that has the potential to offset the risk of litigation, provide effective balance sheet management while unlocking the hidden value of prospective legal claims, and improve outcomes for meritorious cases.

 

© 2019 LexShares, Inc. All rights reserved.

ARTICLE BY Matthew Oxman of LexShares.

Marketing Ethics for Lawyers to Follow in 2020 and Beyond

Advertising and marketing have always played an important role in increasing a company’s brand awareness and in helping them acquire new customers to reach their corporate financial goals. Law firms are no exception. With the increasing competitiveness among law firms, it is extremely important that they understand the fundamentals of marketing in a competitive marketplace.

As early as the 1970s, most states didn’t allow lawyers to engage in any type of marketing efforts. In 1977, the US Supreme Court case of Bates v. Arizona, 433 US 350, changed all this and held that advertising regarding attorneys’ services was “commercially protected speech,” according to the First Amendment, and that truthful advertising should be allowed as a matter of public policy. The court held that lawyers serve society and that allowing them to advertise their services would provide consumers with valuable information about available legal assistance.

After this landmark case, attorneys could advertise to obtain clients. They relied on traditional marketing methods, like display ads, brochures, business cards, and word-of-mouth advertising. Although these marketing strategies are still effective in 2019 and beyond, lawyers must also combine them with other creative marketing strategies—including, but not limited to, pay-per-click; search engine optimization; email, article, video, and digital marketing; and social media marketing.

Additionally, attorneys who want to stay ahead of the marketing game must have stellar and properly optimized web content, engaging social media and blog posts, informative guest articles, engaging display ads, and more. However, unlike regular corporations, law firms are held to a higher standard of responsibility, in terms of marketing, than their corporate counterparts.

Law firms have to remain in compliance with rules and regulations concerning ethics and professional responsibilities, especially in advertising. This means that attorneys and their law firms have to be careful when treading the path of marketing their legal services. They have to engage in ethical and truthful marketing practices and have to steer clear of false or misleading marketing strategies.

That said, what are the ethics of marketing legal services? What should attorneys avoid to ensure that they don’t engage in any professional responsibility violations? Well, let’s have a look at the dos and don’ts of legal marketing.

Abide by Prospective Clients’ and Existing Clients’ Wishes

As an attorney, you have to be mindful when engaging in electronic marketing strategies. In my home state of Illinois, attorneys can’t continue to contact prospective and/or existing clients if they tell that attorney to not contact them. See Rule 7.3(b) of the Illinois Rules of Professional Conduct for details.

Basically, this regulation stipulates that you should never spam someone’s email or regular mail, even if they initially agreed to give you their email or physical mailing address in exchange for a free report or other offering. Therefore, if the individual asks you to “Take me off your list,” you must do so immediately. If you don’t, you will be in violation of Rule 7.3(b) or another professional conduct rule in your state.

Also note that certain state professional conduct rules, like Rule 7.3(c) in Illinois, require the words, “Advertising Material,” on the outside of every physical envelope mailed to everyone, as well as at the beginning and the end of every recorded or electronic solicitation—unless said contact person is exempt from this rule.

Avoid Making Misleading or False Claims

An important ethical element of legal marketing is that you practice honesty and refrain from making unsubstantiated or false claims that can’t be verified. Rule 7.1 of the Illinois Rules of Professional Conduct states that a law firm or an attorney cannot engage in misleading or false communication in reference to their service offerings. Any such miscommunication is a clear violation of the Illinois Rules of Professional Conduct.

One rule of thumb: Would a rational person read such statement and be misled by it? What would they believe to be true? If they would be misled by such statement, then you must alter the content so that you don’t violate any ethics rules. Always double-check facts before making any statements. Additionally, if you include any statistical information in your ads, make sure that it is correct.

Don’t Set Unrealistic Expectations in Your Ads

Whenever you create online and off-line marketing strategies, make sure that you maintain high ethical standards and don’t engage in any type of marketing efforts that might lead the reader to false assumptions. That is, set realistic expectations for your clients and be clear that “Results may vary.”

Yes, you can have a testimonial page but don’t include statements like “My lawyer got me more money than I ever dreamed of.” Although it might be true for this one client, this statement might create an expectation in the reader that you can do the same for all your clients. Instead, you should only include testimonials that share verifiable factual information and don’t forget to add disclaimers to keep client expectations in check.

  1. Never Use Comparative Statements If Your State Disallows It

Some states have specific rules about using comparative statements in your advertising copy. So, if you’re in a state that disallows this wording, you should avoid it. For instance, in Illinois, you are not allowed to use comparative declarations, like, “We are the best bankruptcy law practice in Illinois.” The fact that such statements cannot be proven with verified facts leads them to fall under the category of “false and misleading communication.” On the other hand, you may be allowed to mention a few successes of your firm through statistical data, like recent court cases won. But make sure that such data is factual and verifiable and current. Either way, check your state’s professional conduct rules and then find a way to creatively convey your skills and instill confidence in prospective clients without violating any rules.

Avoid Claiming to Be an Expert

Several states have rules prohibiting attorneys from portraying themselves as an expert or a specialist. These rules have been created to ensure that no individual practicing law can make misleading claims in relation to themselves and/or their services.

I often recommend that law firms work with a marketing consultant that has legal experience for just this reason. I recently reviewed a prospect’s website and it stated among other things, that the firm specialized in family law. This is a big mistake in Illinois. Had the prospect worked with a marketing consultant who was also an attorney or who had legal experience, this could have been avoided.

In Summary

At the end of the day, effective marketing is the key to having a successful law practice. However, law firms must practice honesty in all their marketing and advertising efforts. By following the above-mentioned guidelines, firms can avoid ethics violations, can win the trust of clients, and can bolster long-term growth for their law firms, while assisting those who need the legal help the most.

Copyright © 2019 LawFull Marketing. All rights reserved.

For more on legal marketing, see the National Law Review Law Office Management section.

Media Education Is Crucial to Preparing Young Attorneys to Speak on the Record

Last month, a photojournalist for The Daily Northwestern, Northwestern University’s campus newspaper, captured photographs of student protestors who rushed a lecture hall where former Attorney General Jeff Sessions was speaking on campus. One of the pictures the photojournalist published featured a protestor sprawled on the floor. Students involved in the protest reacted with sharp criticism: being photographed in public had caused the protestor trauma, they argued. In addition, the reporters who used the student directory to attempt to contact protestors for quotes had invaded those students’ privacy.

In response to this pressure, editors at the newspaper took the photographs down and published an apology — steps that were immediately scorned by seasoned media professionals who explained that reporting on public events, through gathering quotes and taking pictures, is one of the most basic functions of journalism.

As with many stories that go viral, overheated Twitter commentary led to cross-generation attacks, straw-man arguments and handwringing over the death of traditional media. But when you push aside the noise around this story, it becomes clear that what happened at Northwestern illuminates an interesting disconnect between young people on the cusp of the Millennial-Z generations and the rest of us: we have different ideas about the purpose and function of traditional media.

What does this have to do with legal marketing? The oldest members of Generation Z are preparing to enter law school in the fall of 2020, which means firms are just a few years out from welcoming this new crop of lawyers. Forward-thinking law firms have long understood the value of media training in helping their attorneys build fruitful relationships with reporters and manage individual and firm brands across multiple channels. The Northwestern case, however, demonstrates that firms must also be prepared to offer some basic media education to their business development curriculum.

Younger lawyers may have a steep learning curve if they want to launch their careers with a productive media strategy. Here are three lessons firms will need to figure out how to teach them:

It’s hard to understand what you don’t consume. As social media has become such a central part of the way we broadcast and receive information, it fills the role traditional media used to play in some people’s lives. Not only does this mean that fewer people are reading the newspaper and relying on quality objective journalism to understand the world, but that inexperience with traditional media also breeds ignorance about what reporters, including specialists in the legal media, do all day and why they do it.

A young attorney who does not read the most important media outlets in the legal industry may not have a proper understanding of how law leaders use the information and data reporters publish to make business decisions and innovate at the practice and firm level. While managing partners may not always be pleased with the coverage of their firm, they understand and accept that the health of the industry relies on these sources of objective information. What’s more, for every article that makes a law partner squirm, there is one that amplifies a firm’s accomplishments for the entire industry to see.

Those media mentions are worth their weight in gold, but you have to respect and understand the institution of legal journalism as a whole to ever have a chance at winning one for yourself or your firm.

Not all media is the same. The media landscape of 2019 exists across four categories: paid, owned, shared, and earned. Paid media is sponsored content and pay-to-play awards and features. Owned media is the content your firm creates and distributes through your website and newsletter. Shared media is social media and all the content it spreads so rapidly. And earned media encompasses mentions in traditional media outlets.

A sophisticated communications strategy creates a plan for all four categories and, importantly, recognizes the strengths and weaknesses of each one. The first step to making sense of it all is to recognize the tension between control and authority. Media that allows your firm complete control over the content — your Twitter feed, for example — does not carry much authority. Consumers understand that anyone can make any claim they like on the internet. Media outlets that carry authority in the industry — such as Bloomberg Law or the Wall Street Journal — are not going to offer you much control over the content. Their independence is what gives them authority.

Attorneys who are too focused on controlling the message will miss out on the chance to see their work featured in an outlet that prospective clients and recruits actually trust.

Your right to privacy is not unlimited in scope. While individuals, of course, have the right to live their private lives free from interference, attorneys engaged in work on behalf of law firms and companies, which in many cases involves actions that are matters of public record, should expect to occasionally face questions about that work. Fearing these encounters or, worse, painting this healthy professional interaction as some kind of victimization, is bad for both the legal industry and an attorney’s own career development. Attorneys who understand the role traditional media plays in their business development make themselves available to reporters and are ready to speak off the cuff about their cases, clients and the broader context of legal questions they spend time on.

Savvy lawyers have confidence that their integrity and expertise will stand up to scrutiny by a reporter, and they extend professional courtesy to journalists doing the hard work of chronicling a complex and dynamic industry.

As the media landscape continues to evolve, marketers and firm leaders will have to work harder than ever to play in all four media categories — paid, owned, shared and earned — and prepare their attorneys to build productive relationships with the reporters who can help them reach their desired audience.

© 2019 Page2 Communications. All rights reserved.

This article was written by Debra Pickett of Page 2 Communications.
For more advice for young lawyers, see the National Law Review Law Office Management section.

How Attorneys Can Overcome the Fear of Cross-Selling

Being able to help your client with multiple legal issues can be a boon for your firm. After all, it generally takes much longer to develop new relationships than to maintain existing ones. The opportunity to cross-sell to clients by keeping them “in-house” after resolution of a matter, is one that shouldn’t be passed up. Extending this relationship should always be the goal because it’s frankly cheaper, not to mention more effective and efficient to nurture an existing relationship than to cultivate one from scratch.

Overcoming Attorney Fears About Cross-Selling

The above shouldn’t imply that there aren’t valid concerns about cross-selling, both within your firm or through collaboration with attorneys outside of your firm. Some of the common fears or objections to cross-selling to a client you’ve built a relationship with include:

  • Fear of losing the client to another attorney or firm.
  • Fear that you’ll refer a client and the other attorney will not be successful.
  • Fear of sharing compensation.

The fear of losing a client to another attorney or firm is legitimate. However, if the client came to you for a “one-off” legal matter, it is entirely possible that with or without your referral to a trusted colleague, they will pursue a bid from another firm or attorney anyway. So, you really have nothing to lose in this regard.

As for the fear that you’ll refer them to an attorney within or outside of your firm and that attorney won’t do a good job, thereby making you look bad—the best way to overcome this is by sending your client to someone who has a vested interest in ensuring that you continue to send referrals to them.

Finally, in regard to fear of sharing compensation, simply agree ahead of time to a compensation split with the attorney with whom you plan to collaborate.”.

While it is true that there is some risk that all three of these fears could potentially materialize, when compared to the potential benefits to be reaped by collaborating with other firms or other attorneys, the potential pros overwhelmingly outnumber the cons.

Client Benefits of Collaborating with Other Attorneys

You’ll notice that from here on out, we will replace the term “cross-selling” with “collaboration” because the last thing your clients need—who are coming to you for help during a possibly negative or complex time in their life—is to be upsold anything. Your role as counsel is to be a trusted advisor and confidant not a salesperson working on commission.

As a trusted advisor, with your client’s best interest in mind, your role as counsel is absolutely to point them in a direction or guide them to a colleague either within your firm (this is ideal as you can begin to build teams), or at another firm who can help when a legal matter arises that is outside of your wheelhouse. This is particularly true today as specialization in a niche practice is prevalent. In sum, your clients deserve access to the best experts available.

Collaboration also reduces the number of vendors that your client has to work with. Whether you team up with a colleague in your firm or partner with an attorney at another firm your client will see you as a team. They won’t feel as if they are adding yet another advisor and ensuing legal fees.

Collaboration also helps you better understand the business of your client. By working outside of your primary or preferred practice area with another lawyer, you’ll gain a deeper understanding of your clients’ overall needs, business, etc. Knowing as much as you can about them will make you a better and stronger advocate.

Clients aren’t the only party to benefit when you decide to collaborate with a colleague—attorneys benefit by maintaining the existing relationship, learning to work as a team in an area of law that isn’t a primary focus and by earning income from an existing client.

Tips for Successful Collaboration with Other Attorneys

Here are a few strategic “dos” that should help you successfully collaborate with other attorneys:

  • Determine compensation share from the beginning.
  • Take time to get to know the other attorney outside of the scope of the case.
  • Create a communication plan, including method and frequency.
  • Clarify roles from the outset of the collaboration.
  • Develop a reporting/information sharing protocol.

And one major “don’t”: Turn a client over to another attorney and then disappear.

When done correctly, collaboration leaves every practice better off. It’s not just “more money for more products.” It is far more cost-effective and efficient to maintain and grow an existing relationship than to develop new business, and it’s often in your client’s best interest. It’s also an avenue for team building and an opportunity for reciprocal referrals, which can only help your law firm.

© 2019 Berbay Marketing & Public Relations

For more on attorney marketing, see the National Law Review Law Office Management page.

5 Beliefs About Law Firm PR That Need to Be Retired

One of the best parts of my job as a strategic advisor to law firm leaders is celebrating with them when our work to promote their attorneys and practice groups pays off in the form of a splashy feature article in the business press or an award for one of their up-and-coming lawyers. Not only is it wonderful to deliver great news to our clients, but often it is not until these moments that managing partners and CMOs truly understand what is possible for their firms and how we can help them achieve it.

But some firms never get to experience these victories because unfortunate beliefs about public relations limit their engagement with the professionals who could make a real difference in business development and recruiting. It’s time to “retire” these five outdated notions about law firm PR:

“Our managing partner speaks for the firm, so we don’t need outside support.”

Firms with a prestigious history are proud of the reputation they have built over the decades, and rightly so. But the marketing methods of the past do not offer a sure path to nurturing and protecting that reputation into the future. Your firm likely plays in multiple markets, whether regionally, nationally or globally, which means you are not the same firm in Chicago that you are in Toronto. The specifics of each market require a tailored message. Though every firm is aiming for a unified narrative, a firm’s reputation is actually a collection of the different stories it tells to these different audiences. Relying on a managing partner to represent all the facets of a firm’s identity almost guarantees the firm will miss opportunities to connect with prospects whose needs fall outside the parameters of this one-size-fits-all message. Sophisticated PR support can help firms navigate the tension between staying true to their brand and selling the services of their attorneys in customized ways.

“Our reputation speaks for itself.”

In addition to relying on a single leader to speak for them, firms with esteemed reputations also tend to overestimate the value of their name in today’s market, in terms of both business development and recruiting. Younger generations of lawyers and clients are much less likely to be persuaded to buy on name alone, and in some cases they are more skeptical of the top firms because of their elite status. Recent stories of law students refusing to interview with prominent firms that continue to use binding arbitration agreements serve as excellent examples here: name alone was not enough to overcome what these students perceive to be an unfair practice. Firms, no matter where they fall in the rankings, simply cannot rely on a belief that they are entitled to “first dibs” on the clients and recruits they covet.

PR professionals can make the case that a prestigious reputation is well deserved and built on a solid foundation that will withstand the scrutiny of millennials. Pros take nothing for granted, pursuing media opportunities in high-profile outlets as well as the workhorse legal journals that serve a niche but powerful audience: the buyers of legal services. A trove of credible research shows that these key players value and make decisions more often based on what they learn from the niche outlets that some large firms dismiss as small potatoes. Good PR helps you cover all the bases.

“The marketing department handles PR.”

Because marketing and public relations teams collaborate on many projects, and because digital media has so radically changed the landscape of all kinds of communications over the last decade, law leaders don’t always have a clear understanding of the differences between these disciplines. Marketing professionals directly promote and sell your firm’s services — through activities like writing the RFPs, creating digital and print promotional materials and planning important firm events. With the ongoing responsibility to provide support across practice groups, in-house marketers often do not have the bandwidth to take on more strategic promotional tasks.

That’s where outside public relations support comes in. PR professionals are trained to think like journalists (and of course many of them are former journalists) and to help your firm tell its story and maintain its reputation in the market. By building relationships with key members of the media that outlast a single opportunity, PR support can keep the lines of communication open between your firm and your target market. This takes the form of pitching story ideas to reporters, positioning your attorneys as thought leaders and expert sources, helping them place authored content and nominating them for respected awards. Creating these opportunities for attorneys can be game-changing when it comes to business development and recruiting, but the work requires an investment of time and resources that the in-house marketing department often does not have to give.

“All media is created equal.”

Firms with overextended marketing departments and little PR support sometimes rely too heavily on their own communications channels — company website and blog, social media channels — to push out their message. After all, the firm retains total control of the content and the timing, so doesn’t that make their own channels superior to others? The truth is that the media world has become far more complex in the past two decades and now includes four types of media: paid (sponsored content), earned (traditional media coverage), shared (social media) and owned (blogs, firm-produced videos, etc.). In order to maximize their position, firms need to understand the difference between, say, content best suited for their blog and content that could benefit from the credibility of traditional media outlets. Relationships with key reporters and outlets are an incredibly important piece of building a firm’s brand. They are also time-consuming and tricky to cultivate, and often can be slow to pay off. But when they do, they are worth a hundred sponsored content placements and blog posts.

“We should wait until we get the verdict to enlist PR support.”

Even when law firm leaders do understand the specific skills PR professionals bring to the table, they often wait too long to call them. Strategic-level PR is most effective — and efficient — when the consultants are involved from the beginning and can help your firm create a smart, integrated plan that supports its overall goals. Most firms don’t need a full-time PR strategist on their staff, but they should have access to one who understands their business and clients, strengths and vulnerabilities, and how to save the firm from itself in a crisis. Getting out of reaction mode allows firms to take control of the story they want to tell about themselves, now and in the future as they continue to grow and evolve to serve their clients.

© 2019 Page2 Communications. All rights reserved.

For more Law Firm PR advice, see the National Law Review Law Firm Management page.

Two Ways Technology Has Changed How Lawyers Practice

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

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

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

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

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

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

  1. Attorneys Must Be More Tech-Competent Than Before

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

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

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

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

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

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

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

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

© 2019 Schiff Hardin LLP

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

Preparing for Performance Reviews

Every legal recruiter and professional development professional understands the importance of planning for significant initiatives.  Operating by the seat of one’s pants simply does not work within this industry.  In the days that precede your performance review, consider the following:

Before you think short, think long

By definition, any annual performance evaluation must include a review of your key undertakings during the previous 12 months.  That review, however, should only consume a fraction of the time that you spend with your supervisor.  As quickly as possible, move your conversation from a focus on wherever you were a year ago to wherever you hope to be at some future stage in your life.

This means that you must invest time developing your long-term professional goals before your evaluation begins.  If you are less than certain as to what your next career move might be, as soon as possible, do the following:

  1. Set some time aside and let your imagination go wild.  Create a virtual or actual whiteboard and post every work and career possibility that tickles your fancy.  It doesn’t matter how crazy any one option now appears.  Post all options somewhere and give yourself permission to seriously consider them.  Eventually, narrow your focus to your two or three best choices.
  2. Once you’ve identified your best options, move from thinking to doing.  Research your top three options and identify the skills, talents and experiences that you need to develop or acquire for you to make your dream position a reality.  Engage in “radical collaboration”—reach out to valued colleagues and peers as well as experts in a particular field.  Inquire about the benefits and costs that might be related to any career shift.  If it’s possible for you to gain hands-on experience, by all means do.
  3. Reframe problems.  Be prepared for naysayers, the people who will suggest a multitude of reasons that should keep you from imagining a future that is different from your status quo.  When others point out potential obstacles, welcome their feedback.  Then, go off on your own and carefully consider whether a perceived obstacle is a proverbial mountain or a minor molehill.
  4. Realize that we are all on a journey.  All of the knowledge and experience that you have acquired thus far in your life has helped you arrive at exactly the position where you are right now.  But your journey is not over.  There’s nothing wrong with a periodic pause to consider whether you should turn left or right.  But just pause; don’t come to a complete stop.  Every experience that you have, every piece of knowledge that you acquire today will help you arrive at your next resting point.

To the extent that you invest in this effort before your performance evaluation, you can make the limited time that you have with your supervisor more useful and valuable.

[Two resources that might help you jumpstart your thinking include Start with Why (2009) by Simon Sinek and Designing Your Life, How to Build a Well-Lived, Joyful Life (2016) by Bill Burnett and Dave Evans.  Both books are thought-provoking, and the authors have created workbooks that can help you think through your general purpose in life and where you may wish to venture.  Burnett and Evans are responsible for the term “radical collaboration.”]

At your performance evaluation

Be prepared to address your performance during the previous 12 months, including activities in which you know that you exceeded expectations.  For activities in which you met or fell below expectations, be prepared to:

  • Analyze what you did well;
  • Analyze what did not go as well as you had hoped and why;
  • Identify what you could do better; and
  • Suggest what you plan to do next.

Throughout your evaluation, listen deeply to your supervisor’s perspective regarding your performance, which may be completely different from your own.  In a world in which we are all moving at the speed of light and distracted by a million-and-one requests, I am increasingly amazed at how frequently two people participate in a singular event and yet experience it very differently.  Your performance review should move you and your supervisor toward a shared understanding of the past and give you the opportunity to collaborate on creating your future.

If you’re blindsided

If your supervisor blindsides you—brings up some issue(s) about which you are totally unaware and unprepared to address—do not respond immediately.  Instead, give yourself the opportunity to participate in a future thoughtful and responsive conversation by stating the following:

  • I appreciate your feedback. 
  • Can you give me one or two specific examples when I didn’t hit the mark?
  • I’d like to take a day or two to process this information. 
  • May we schedule a follow-up meeting?

Be prepared to self-promote

Muhammad Ali once famously said, “It’s not bragging if you can back it up.”  If you’ve retained appreciation emails from firm partners or key firm decisionmakers that recognize your good performance, bundle these and carry them to your performance review.  If you’ve had numerical targets that you were challenged to meet during the previous 12 months, gather your quantifiable verifiables and be prepared to share them.

If your next professional move involves your current employer, be prepared to document that you have the natural talents to succeed in this new capacity.  The Top 5 CliftonStrengths assessment tool is an easy, affordable instrument that will help you confirm your unique talents.  Given your understanding of your employer’s wants and needs, be prepared to show a match … how you and your talents can help your supervisor and your employer accomplish their strategic missions.

© 2019 Mary Crane & Associates, LLC

For more on legal performance reviews, see the National Law Review Law Office Management page.

Law Firms and Millennial Attorneys: Strategies to Develop Leadership Pipelines for Smooth Firm Transitions

Next year millennials will make up one-third of the workforce.  A recent study released by ManpowerGroup provides some compelling insight about millennials in the workplace.   The study asked 19,000 Millenials and 1,500 managers across 25 countries how they viewed their careers and what were their career priorities, with the goal of offering practical advice for millennials and their employers in the quickly evolving work environment.  The results offer some statistics and finding for employers generally, and law firms, specifically, have some lessons to take to heart.

According to the survey, 23% of the millennial respondents said making a lot of money is their main goal, 21% want to make a positive contribution and 20% want to work with great people.  But only 22% of the millennials surveyed indicated an interest in growing into leadership roles and only 4% of millennial respondents valued “managing others.”

These factors, when combined with the boomer exodus out of the workforce is pointing to a leadership vacuum across industries, with 84% of organizations anticipating a shortfall of leaders over the next five years.  In fact, leadership transitions are becoming more frequent and complex, and developing a leadership pipeline in law firms needs to become a top priority.  Law firms, when working with millennial attorneys, would be well-served to find ways to incentivize leadership, increase transparency surrounding firm decisions, especially the partnership process in order to create a leadership pipeline to ensure successful succession planning and relationship management.  To examine this issue, we spoke to several law firm consultants on the state of leadership in law firms,  how firms can engage and cultivate their millennial talent to take on leadership roles, and how marketing and business development teams fit into this process.

Importance of Developing Millennial Leadership and Talent at the Associate Level

Jonathan Kirschner, CEO of AIIR Consulting, points to conditions in law firms, that may make developing leadership habits in millennial attorneys more challenging.  In a traditional law firm structure, leadership at the associate level is not incentivized. Associates are valued for their ability to work hard and long, creating a situation where young lawyers are not encouraged to reach out and develop leadership skills, but rather rewarded for keeping their nose to the grindstone.  Kirschner says, “If a newly minted lawyer has to choose between a single billable hour and coaching a colleague or peer, the former is a much more useful currency in today’s traditional firm.”  Alycia Sutor of GrowthPlay points out that many of the characteristics that comprise good leaders are important to millennials–just divorced from the authoritarian and hierarchical packaging associated with a traditional law firm. Kirschner says, “firms need to do a much better job defining what leadership is and why it is important.  If leadership isn’t treated as a significant factor in promotability, then there is a strong chance it won’t be cultivated.”

The Role of Transparency and Feedback in the Law Firm Leadership Pipeline

Sutor points out that firm looking to secure their leadership pipeline would do well to “exemplify the kind of behaviors that millennials value–being more transparent . . . and being relationship-focused and investing in the success of the people at the firm.”  In doing so, firms can cultivate their high-potential talent and help ensure the firm’s leadership for years to come.  By providing young lawyers with feedback and offering mentorship and advice, Kirschner says, “associates become more self-aware of their strengths to leverage, develop key leadership skills, and cultivate client management skills, and firms will, in turn, build up bench-strength.”  Finding ways to offer feedback and evaluation–in a positive, affirming way can show young attorneys that they are an important part of the firm’s future.  John Remsen, Jr of the Remsen Group points out that providing positive feedback in a public setting can be an easy, inexpensive way to cultivate the kind of behavior law firm leadership wants to see, and help younger attorneys feel invested in turn with the firm.

As part of embracing transparency,  Kirschner suggests that eliminating some of the mystery around the Partnership approval process can help. Young attorneys are often likely confused and frustrated–they have the ambition and desire to reach that level, but don’t know what else is required beyond hard work.  Kirkschner says, “firms with great succession planning practices favor transparency over keeping a black-box around both the process as well as the necessary skills and competencies.”   By clarifying advancement criteria law firms can develop a system where important metrics are met, and this can open the door to non-billable activities the firm may want to encourage–such as pro-bono work or legal marketing activities.  Remsen  agrees, saying, “Everyone will give you what you want, if you indicate that it matters, set the expectations, apply metrics and ultimately reward the desired behaviors.”

Creating a Law Firm Culture to Develop Leadership Talent

According to Remsen: “There are things law firms can do beyond dollars to build a culture where young lawyers want to go and thrive.”  Law firms find extreme value in taking steps to craft a leadership pipeline, such as shifting the hierarchical structure to create a space for younger attorneys to flex their leadership abilities and shape the firm into a place where they want to be.

There are plenty of ways to do that, and Sutor says, “firm leaders can give millennials opportunities to practice leading on a small scale.”  Remsen agrees, suggesting law firms create “deputy” positions with the firm to encourage younger attorney engagement.  By getting more creative about leadership development, firms can reconfigure talent pipelines to create new leadership levels, Kirschner says, “this can increase career optionality and make mobility less of a zero-sum experience.”

Firms should also consider asking younger attorneys for input on firm culture issues–especially in relation to changes to make the firm more attractive to attract and retain talent.  Sutor suggests: “create opportunities for millennials to reverse mentor or teach others . . . charge them with connecting to others across the firm for the purpose of feedback and perspective on an issue up for discussion.”  Keep in mind this may open the door to some dramatically different suggestions about how the firm does things–especially surrounding work-life balance issues.  However, the changing dynamics of the job market coupled with millennials’ willingness to change jobs or even careers, large changes in workplace culture at law firms may well be worth considering.

Pro bono projects are excellent opportunities for young attorneys to take a leadership role, manage a matter, and contribute to their own development in a way that can make a difference both to the pro bono client and within the firm.  This can be a win-win for the firm and the attorney involved, as he or she can use their legal education to make a positive contribution (something a fifth of millennials surveyed want to do) while elevating the firm’s reputation in the community.

The Role of Business Development in Law Firm Leadership Development

Client relationship management is very important for a firm’s bottom line, and the voice of the client–a voice that is increasingly demanding diversity from outside counsel can be instrumental in advocating for the kind of change many firms need to enact.  Sutor says, “Marketing and Business Development folks can champion millennial participation by encouraging senior partners and law firm leaders to consider who may not be represented at the table in key activities like client pitches or network building activities.”  Sutor explains that the demand for diversity coming from clients also includes a generational perspective.  Including associate attorneys in business development activities with clients–including networking or other events, not just at pitch meetings, the relationship between firm and client can be strengthened across generational lines.  Increasingly millennials are also making key decisions in retaining law firms.  By using the voice of the client, marketing and business development teams can make a compelling argument for law firm leadership to examine the gaps in their age, gender and cultural representation and encourage the participation and development of younger attorneys.

Law firms that are able to find ways to engage and develop their millennial attorneys through firm initiatives are building a competitive advantage in the increasingly competitive legal marketplace.  By harnessing the voice of the client, crafting pathways and pipelines for young attorneys to contribute meaningfully to the culture of the firm as well as providing newer attorneys with feedback and training opportunities to develop their own skills and abilities, law firms can smooth out some of the succession bumps and ensure the next generation of leaders will be ready to take the reins.    Kirschner says, “The best way law firms can gain leadership capacity is by growing it organically.”

Copyright ©2019 National Law Forum, LLC
For more legal career developments, see the National Law Review Law Office Management page.

5 Ways Traditional Law Firm Culture Burdens Lawyers of Color

City University of New York Scholar and Sociologist Tsedale M. Melaku studies diversity in the legal field, and in a recent Harvard Business Review article she wrote specifically about the social and professional challenges nonwhite lawyers face when they work for traditional law firms. While most white law leaders now appreciate the importance of fostering diversity, their own life experiences may blind them to the specific ways in which conventional law firm culture complicates the path for the lawyers they sincerely want to recruit, retain and support.

Fortunately, Melaku’s interviews with these lawyers illuminate the very concrete problems — and hint at solutions, many of which can be driven, or at least implemented, by marketing and business development teams. Here’s a handful of the challenges these lawyers face:

PR and marketing support automatically follows the rainmakers.

When an attorney lands a game-changing client or nabs a record settlement, the firm promotes the win with a press release, mention in the legal press and maybe even an opportunity for that lawyer to write a column on his practice area. Those are all smart PR moves. But if your marketing and PR “carrots” are distributed just to your firm’s big winners, you may find that every time a picture of one of your lawyers runs in the legal press, it is one of the same handful of white men.

Instead, firms need to imagine a broader purpose for PR: spotlighting attorneys for what makes them unique can be a catalyst for growth and advancement, rather than just a reward that comes after an important deal. Do you have attorneys taking a novel approach to some niche within their practice area? Or who came to their work in the law by an unusual route? What about interesting pro bono work? An active blog, a podcast or other creative use of technology to reach clients? All of these traits represent potential avenues for feature stories, bylined thought leadership articles, conversations with reporters or ideas for conference panels that will give new attorneys a chance to build their individual profiles and the overall brand of the firm.

Serving as the “face” of the firm’s diversity initiatives is (uncompensated) work.

Sadly, diversity is so rare in the leadership class that when firms do manage to advance a lawyer of color, that person is often tasked with representing the firm on panels and at events in addition to serving their clients. While some lawyers may welcome these opportunities, others might prefer to focus on the practice of law. So, even as firms provide additional PR and marketing support for diverse attorneys, firm leaders must recognize that contributing to outreach and diversity initiatives is work — and should be treated as such. Some firms allow attorneys to bill for this time just as they would for client work. Others consider it on performance evaluations when it comes time for raises or bonuses. Find a way to compensate these attorneys for this extra work.

Traditional networking depends on access.

Snagging clients on the golf course, in the country club, or during an ivy league alumni weekend are great business development strategies — for some people. But not all lawyers grew up playing golf, and many elite clubs in this country still have a checkered relationship with diversity, making membership far from routine or even comfortable for lawyers of color. Does your firm celebrate these “chance” encounters with clients at the expense of more formal and inclusive forms of networking?

Support your hires from nontraditional backgrounds by helping them build professional networks that feel authentic to their own experience. This might include support from communications professionals to pitch them for conference panels, nominate them for awards and help them get involved in professional organizations. There is more than one way to network, and lawyers need to know their firm supports their pursuit of new business in ways that honor who they are.

Mentors tend to choose mentees who look like them.

Mentoring has been held up as a key tool for improving retention and advancement. But when senior attorneys think about grooming the lawyers who will someday lead the firm — and inherit their clients — they tend to choose the lawyers who remind them of themselves. Firms are fond of saying that mentoring relationships should come together “naturally,” but for young lawyers who don’t see people like them in leadership positions, this often leads to no mentoring at all.

Firms can take action on this without getting paralyzed by the chicken-and-egg problem (the only way to advance young minority lawyers is to put minority mentors in place, but those lawyers need mentors to get there). Proactive planning to make mentoring part of the work process, and careful matchmaking to connect your firm’s best teachers with the lawyers who can benefit from their experience are good first steps. Not everyone is cut out to be a mentor, and that’s fine. The firm should take responsibility for facilitating these relationships and for evaluating the effectiveness of mentors. Are their mentees advancing in demonstrable ways? Mentorship should involve more than just offering advice; mentors should also be actively sponsoring and promoting their protégés for stretch assignments and leadership opportunities.

Dress codes privilege European standards.

Lawyers of color face both explicit and implicit expectations about how members of the firm should dress and wear their hair. While written dress codes that prohibit, for example, garments worn for religious reasons are obvious violations of equal employment opportunity laws, rules that bar styles worn for cultural or personal reasons may be legal but no less burdensome. In some firms, the written dress code is quite vague, requiring “professional dress,” but the implicit expectations that come along with it are specific and exacting.

The truth is, the notion that conservative business suits for men and women set the standard for professionalism is a white, Western idea. So are norms around hairstyles, facial hair, makeup, jewelry, fingernails, heel height and other aspects of personal expression. Body sizes vary, and not everyone can easily (or affordably) adhere to traditional requirements. Or they may not want to. Dressing authentically is, for many people, an expression of pride in their identities and an opportunity to increase visibility and inclusion, sending a message to younger attorneys on the way up that they, too, belong. If your firm insists on conformity, even when it doesn’t impact job performance, whom might that exclude? And what does your firm miss out on when your lawyers aren’t comfortable bringing their whole selves to work?

Firms that are truly serious about moving the needle on diversity and inclusion understand that the secret is not rearranging the seats at the table, but making that table bigger. In every aspect of work life at the firm — office culture, client engagement, mentoring, promotion and, of course, the practice of law itself — you must establish policies that encourage your attorneys to bring their unique perspectives and insights with them each day. It’s how you will retain and advance the diverse leadership class your clients demand. And it’s the only way you will realize the true benefits that come from different kinds of people solving problems in different ways.

© 2019 Page2 Communications. All rights reserved.

For more on law firm diversity, see the National Law Review Law Office Management page.