Category: Law Office Management

Are Alternative Fee Arrangements (AFAs) the New Standard for Law Firms?

From the National Law Review’s Business of Law guest blogger, Meredith L. Williams of Baker Donelson Bearman Caldwell & Berkowitz, PC discusses the current legal marketing ‘it’ topic – alternative fee arrangements or AFAs.  Meredith provides a great historical perspective on this topic and goes into nice detail on how law firms should address this new hot issue.  Read on: 

The Supreme Court of the United States answered this question when they released the opinion for Perdue v. Kenny A. In this case, the Supreme Court rejected the statement “departures from the hourly billing are becoming more common.” In addition, the court noted “if hourly billing becomes unusual, an alternative to the lodestar method [hours worked times billing rate] may have to be found. However, neither the respondents nor their amici contend that that day has arrived.”

Are AFAs new?

Although the U.S. Supreme Court stated hourly billing is the usual practice, alternative fee arrangements remain a growing trend in law firms. From 2008-2010 law firms have seen an increase in AFAs from 4-16% (Source: CounselLink). However, the question remains are AFAs new or are they a natural evolution?

Alternative fee arrangements have existed for decades in many law firms. Examples include blended rates, contingency fees, fixed fees, capped fees, collared arrangements, etc. Although the concept of AFAs is not new, the push to offer more alternative arrangements has never been more prevalent in law firms as it is today. Key drivers of this shift are the economy, the ACC Value Challenge and the clients demand of more risk sharing and consistent, transparent, value-based project pricing.

The ACC’s Value Challenge is based on the concept that law firms can improve the value of delivering legal services without increasing the cost. For law firms, this concept alters and increases the focus on efficiency in the delivery of those legal services. This new focus on efficiency creates a demand to price legal services, manage the legal work process, manage the right talent and form a strategic alliance with clients to improve the service delivery. Clients are now looking for transparency and true cost control. AFAs are the new way of delivering on these demands.

Ultimately, alternative fee arrangements are about risk sharing. With the economic and global shift, clients and companies are now in the driver’s seat. They are attempting to shift more risk of legal service delivery to law firms. However, law firms are only agreeing to this risk transfer as long as the arrangements are still profitable.

What do law firms do now?

As AFAs become more common, how can a law firm compete in this area? Law firms must understand the different sides to alternative fees – estimation and management – and align their firm strategies to these areas.

First, firms need to learn to estimate the cost of legal services. Estimates and budgets must now be based on cost rather than billable rates. Firms are beginning down this path of price estimation with many different budget and estimation tools that are new to the market. A standard starting point is data mining previous matters of similar nature of suit. This process provides an accurate view of prior costs for a type of service. However, using historical data can also show the inefficiencies in those former processes. Finally, the data mining of former data can be incredibly difficult if law firms have not previously used phase and task billing codes in their time entry system.

Next, firms must learn to manage the alternative fee arrangements effectively in order to remain profitable. Budgeting tools, case management tools/ strategies and process analysis are key pieces to this phase. As stated above, there are many new budgeting tools to the market that now help law firms manage budgets and control expenses. However, most tools rely on the use of phase and task billing. In addition, law firms are now considering strategies to aid their attorneys and staff in the understanding of legal project management. This is a difficult task to accomplish because lawyers are not project managers by nature and the norm is not to look at legal work in phases or tasks. Finally, firms are looking at any and all tools that exist within their firm our outside their firm that can aid in efficiency. Things such a document assembly, form production, expertise databases, case/deal management software and extranet collaboration with clients are just a few tools that firms are considering. When an alternative fee arrangement is used, without management of the budget, deal/case and processes, the risk of profitability loss now falls to the law firm instead of the client.

What will change?

The largest change seen by law firms is that billable rates are no longer the driver of profitability. Firms have previously been raising rates at a 6-8% increase with each passing year. With the economy, the practice of raising rates had to change. We now live in a buyers-market for legal services. Clients no longer stand for the standard rate increases but instead now look for a strategic partner. Additionally, the entire law firm model on compensation and partner track are called into question with the change from billable hour and rates. Firms that move to alternative fee arrangements need to look to alternative metrics and measures for compensation, partner track, staffing and bonuses. Some firms are turning to metrics such as overall performance, expense management, practice management, client development, and leadership skills instead of the maximum billable hours.

Conclusion

In conclusion, alternative fee arrangements are not the new standard for law firms in 2010. Currently, AFAs only make up 10-16% of business. However, just as we saw this percentage increase from 2008 to 2010, we expect a further increase over the coming years. In order to stay competitive, law firms must determine their stance and strategy with AFAs and learn to remain profitable in this changing time.

©2010 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. All Rights Reserved.

About the Author:

Meredith L. Williams is Baker Donelson’s Director of Knowledge Management.  Although trained as a lawyer, she is not actively engaged in the practice of law.  Instead, she oversees BakerNet, the Firm’s industry-leading intranet, and coordinates strategic growth on behalf of the Firm in knowledge management, competitive intelligence and technology.  Ms. Williams is widely recognized as a leading authority in knowledge management issues for the legal field, and is a frequent presenter and author on knowledge management and competitive intelligence. 901-577-2353 /www.BakerDonelson.com

The Ten Commandments of Drafting a Social Networking Policy

The National Law Review’s featured Guest Bloggers this week are from Steptoe & Johnson PLLC. Vanessa L. Goddard provides some concrete do’s and don’ts for drafting a company Social Media policy.  Read on:

You’ve probably heard this “fact”: if Facebook was a country, it would be the fourth largest country in the world! Web 2.0 has infiltrated every aspect of our lives, including the workplace. As a result, most lawsuits in which employers become mired are fraught with electronic data issues. To guard against a wide range of legal claims, as well as reap the benefits of a global marketplace, many employers are instituting social networking policies. But, as with any policy, a social networking policy must be carefully drafted to meet your business needs. With that, I introduce to you the 10 Commandments of drafting a social networking policy:

NUMBER ONE: Thou shalt NOT use a sample policy pulled willy-nilly from the Internet.

While your search results will pull up dozens of fine looking policies, you won’t know who wrote them, the legal jurisdiction from which they hale, or the business interests the policy seeks to promote. Many times, a bad policy is worse than no policy at all.

NUMBER TWO: Thou SHALT work in harmony to craft a policy appropriate for your business.

If you decide that a social networking policy is appropriate for your business (and it may not be), the combined cooperation of your IT department, human resources, legal, and company decision-makers is necessary to formulate an effective policy.

NUMBER THREE: Thou SHALT know the risks and guard against them.

Employee use of social networking media can have wide-ranging legal ramifications for employers. Possible claims include: harassment, discrimination, defamation, invasion of privacy, and a variety of statutory violations.

NUMBER FOUR: Thou SHALT proclaim that the eye of the employer sees all.

Notify employees that they have no expectation of privacy in their use of company technology, that their activities should be work related only, and that their communications may be accessed at any time.

NUMBER FIVE: Thou shalt NOT take the name of the employer in vain.

The policy should require disclaimers be used indicating that the opinions stated therein are those of the employee and not the employer.

NUMBER SIX: Thou SHALT respect thy co-workers, customers, competitors, and employer.

Require employees to act respectfully in their social networking/blogging activities. Provide guidance on what is and what is not appropriate behavior.

NUMBER SEVEN: Thou shalt NOT steal or do other really bad things with your employer’s computer.

The policy should prohibit disclosure of confidential information, the use of legally-protected/copyrighted information, and the dissemination of personal information of co-workers.

NUMBER EIGHT: Thou SHALT know the consequences of thy actions.

Inform your employees that their social networking activities on the job are subject to all company policies and explain the consequences of violating your social networking policy.

NUMBER NINE: Thou SHALT spread the word throughout the masses.

Distribute the policy. Have your employees sign off on their receipt and understanding of the policy. Provide training on the policy.

NUMBER TEN: Thou shalt NOT commit random acts of destruction.

You MUST ensure that your litigation hold policy incorporates procedures and methodologies to capture and preserve social networking data in the event of litigation.

© 2010 Steptoe & Johnson PLLC All Rights Reserved

About the Author:

Vanessa Goddard’s primary focus is in the area of labor and employment law. She has been involved in representing clients in various employment cases, including sexual harassment, deliberate intent, age, race, and disability discrimination, wrongful discharge, and various other employment-related torts. She is admitted to various state and federal courts as well as the Third Circuit Court of Appeals and Fourth Circuit Court of Appeals.  304-598-8158 /www.steptoe-johnson.com

Is Your Email Service Provider the Best?

This week’s Business of Law Guest Bloggers at the National Law Review are from Duo Consulting.  Sonny Cohen of Duo provides some good specifics on what to look for in an emailing service.

We recently received this question from a law firm marketer. I’ve edited it slightly for brevity and anonymity:

“Our email service is earning a big #fail at this point. We’ve used (Name Brand provider) with great success for small jobs and I’m talking with them about an enterprise solution. Do you have a provider you love (or a crappy one I should be warned away from)? What are the pros and cons of the systems you’ve used?”

The question, submitted to a listserv, engendered responses of affiliation with one ESP or another because they liked them, had no problems, or other good indications of service. But email delivery is more complex than you might first imagine and one size does not fit all. It is not (yet) a commodity. Personal recommendations of quality service or indications of being satisfied are a good start of an evaluation but an insufficient qualifier for engaging an email service provider. Like the acquisition of almost any service (legal or technical) it is important to understand requirements.

This is not intended to be comprehensive but merely to illustrate my point. Get this part and you might get there is more to the story. So let’s take a look at these simple factors:

  • What does your email subscriber base look like? gmail.com? or bigcompanyname.com?
  • How big a mailing would you execute at one time?
  • What is your mailing frequency?

If you send a lot of email frequently to corporate email addresses, the email reputation is critical to getting into the inbox of your subscriber. The better email service providers (ESPs) do 2 things. First, they manage the reputation of the email addresses from which they send the email (their IP addresses). The best ESPs offer you the opportunity to set up your own email address on their system. This will look something like email.lawfirm.com and email will come from something like sonny@email.lawfirm.com So while it still looks like your business, it is isolated from your domain (lawfirm.com) and from the email sending behavior or misbehavior of other clients of this ESP. Are you with me?

What happens if you send an email to a lot of people at the same domain such asxxxx@client.com where xxxx is lots of different people? When all these emails show up @client.com at one time, they look like spam. It may even look like an attack on the email server. The corporate email server receives these emails so you probably see these emails as being delivered. But they never make it into the inbox of the individual email recipients.

The better ESPs offer the capability to throttle the sending of emails so that they don’t look like a spam attack on an email server. It more closely resembles natural email commerce. Good commercial ESPs can afford to throttle the send of their emails. Spammers cannot because they’ve got way too much email to send. Are we getting esoteric yet?

ESPs are commercial companies and not a part of any website development company’s core competency. We have our favorites but we are not linked at the hip. Email services built into CRM systems such as Interaction, Salesforce, etc. are bulk mailers and do not have these deliverability features and a deliverability desk (personnel) focused on managing IP reputation. This doesn’t make them bad by any stretch. But it does affect deliverability performance.

Finally, the best ESPs are becoming messaging companies capable of delivering text messages and voice messages. If your communication strategy is to be first to market with targeted information, you may find that a text message alert system is a client service you haven’t yet considered. It is unlikely that your “economy” bulk email guy who is “friendly to deal with”  offers these extended and diversified contact capabilities. And maybe you don’t need it and never will.

Being able to track email performance is a common feature but it is not the test of a quality system. And these tools may not even provide accurate or complete information regarding the effectiveness of your email marketing campaigns. Even the best (i.e. more costly) ESPs come only close to precise. Third party firms like Return Path and Pivotal Veracity might provide this higher level of email evaluation and deliverability improvement.

Price is not always a guarantee that you will get better delivery services like what I’ve identified above. But a low price pretty much guarantees that you will not. For my part, I think reaching targeted contacts for a few pennies is a pretty good deal. If you are driven to cut that penny in half, you should at least know what you are getting and what you aren’t.

Whew! Hope this is helpful. Oh yeah, who do we use? ExactTarget. But remember. One size does not fit all. Think about your requirements.

Email open rate is only one indicator of email success

© 1999-2010 Duo Consulting

About the Author:

Sonny works closely with Duo’s clients to develop their online business and marketing strategy. His tactical responsiblities include: Implementing and managing paid search engine campaigns;  Consulting on and implementing permission-based email; Providing strategic online marketing consultation to law firms and others using web analytics to help drive website and business performance and Conceputalizing and implementing social media marketing.

312-529-3003 / www.duoconsulting.com

What's Hot in Marketing Technology for Law Firms?

The National Law Review’s Business of Law featured blogger is Kristyn J. Sornat of the International Legal Technology Association (ILTA) – who was a panelist at ILTA’s recent annual conference in Las Vegas.  Kristyn recaps some of the valuable information she picked up at the conference.  Read On:  

Lessons learned from the International Legal Technology Association’s Conference – ILTA 2010

For the past several years, the International Legal Technology Association (ILTA) has included a one-day marketing technology track at their annual conference. While the track originally focused on client relationship management (CRM) software (namely InterAction), it has grown to include all things related to marketing technology. This year there were four sessions:

I.   Web Analytics and Search Engine Optimization: Smart Strategies

II.   Using Technology for Successful Events

III.  ERM and CRM: Compare and Contrast

IV.  Marketing Technology Roundtable

I. Web Analytics and Search Engine Optimization: Smart Strategies

In order to stay competitive it is important that law firms utilize a search engine optimization (SEO) strategy to help improve their rankings in both branded and non-branded searches performed on Google, Yahoo, Bing, etc. This session focused on changes firms can make to their websites to support their SEO goals, including:

  • Eliminate pages with duplicate content
  • Name URL’s rather than using numbers
  • Add metadata to all pages
  • Create links between pages on your site and use meaningful phrases to describe the content to which you are linking (not just “click here”)
  • Seek inbound links to pages on your site from reputable sources
  • Push out your content as much as possible through e-mail distributions, RSS feeds, social media and syndication services – such as the National Law Review.

Also, the session covered the importance of using web analytics to track how your website is performing and whether the changes implemented are successful. Several free web analytics tools are available, including Google Analytics, Yahoo! Web Analytics and Piwik.

At the end of the session, the panelists provided the audience with 10 Questions about SEO and Web Analytics That You Should Know How to Answer.

II. Using Technology for Successful Events

This session focused on the increasing importance of e-mail communications for events and tools available to manage those communications. Two e-mail platforms were mentioned that link directly to CRM software: Tikit eMarketing andConcep. The Tikit eMarketing solution requires your firm to have in-house resources to design and send e-mails through your own server. The Concep solution involves a third-party vendor that aides in template design and uses its own servers to distribute your e-mails.

Important things to remember regarding invitations and RSVP forms:

  • Include disclaimers, the firm’s address and an unsubscribe link (important to comply with CAN-SPAM).
  • Apply alt tags for all images.
  • Use a combination of images, background color and text, rather than one big image for your invitation.
  • Link to a survey in your invitation to find out what people are interested in hearing about.
  • Link to a survey in your post-event follow-up e-mails to gauge the response of the audience, find out what else they would have liked to learn and their interest in future events.
  • Cross-market events in appropriate client alerts and other news-like e-mail distributions.
  • Personalize the e-mail with the recipient’s name in the subject line or body of the e-mail for a better response rate.
  • Use social media to promote the event to an audience who may not already be familiar with your firm.

 III. ERM and CRM: Compare and Contrast

This topic turned into a hot debate among the panelists and drew a large crowd of enterprise relationship management (ERM) and CRM vendors who were anxious to hear how their solutions would be discussed. There were three panelists from different law firms, one with only an ERM solution, one with only a CRM solution and one with both solutions in place. One of the main functions of both ERM and CRM software is tracking “who knows who” among your clients, prospects and referral sources. ERM gathers this information by monitoring e-mail traffic and possibly phone calls of your employees and brings that information into the system automatically. Most CRM systems pull this information from address books in Outlook (and other e-mail systems) and require more active participation from attorneys to be successful.

The message from the panel was that every firm is different, and selecting one or both solutions depends on the culture of your firm and its needs. If you have attorneys who won’t take the time to share their contacts through CRM software and will not object to the information being pulled automatically, an ERM solution may work for you. If you have attorneys who are concerned about privacy and want to be able to do more (such as track business development efforts, e-mail marketing lists and client information), the CRM option is the way to go. If you have a combination of needs, you might look into implementing both solutions.

During the presentation, the panelists were careful not to mention what vendors they used, but did supply the following list of ERM and CRM providers that to cater to the law firm market.

CRM Vendors

LexisNexis – InterAction

Versys Corporation – IntelliPad

Client Profiles/Microsoft – CRM4Legal

Cole Valley Software – ContactEase

Hubbard One – Contact Manager

ERM Vendors

Cole Valley Software – Relationship Discovery

LexisNexis – InterAction IQ

Hubbard One – ContactNet

BranchIt Corporation – BranchIt

 

IV. Marketing Technology Roundtable / Hot Trends in Law Firm Marketing Technology

In the fourth session, all panelists from the previous sessions returned to answer audience questions about marketing technology. The first thing discussed was what’s hot or new in the market. Below are some of the advances that are happening now or may be coming your way in the near future.

Websites: Looking at the future of law firm websites, the group saw many changes on the horizon.  One panelist described a recent demo she attended from Saturno Design that featured a new tool that essentially sets up a “mapping” feature to deliver customized content to each visitor based on what they viewed during prior visits to your site. Several panelists also predicted a blurring between the traditional law firm site and social media. Examples included pulling content from LinkedIn profiles for attorney bios or replacing the traditional newsletter and alert sections with blogs.

Video: Video was a hot topic throughout the sessions. Many firms have already begun to use this medium on their websites and in their electronic communications, adding a human element that was not possible before. Mary Tomaro, Web and Interactive Marketing Manager for Jones Day, said videos on their website have become quite popular. An important note, if your firm is comfortable using YouTube to host its videos, there are two benefits to this approach: 1) you can save the cost of purchasing software to host them yourself, and 2) you can increase the reach of the videos, as they can be spread virally and are more easily found by search engines.

Mobile Apps: To date, only a select few firms have released applications for use on mobile devices. The panelists saw this as an increasingly important trend as users move away from traditional desktop computers and use their mobile devices and other tools, such as iPads, to search for and read content. Read a blog post describing the recent success of Morrison & Foerster’s iPhone app.

Social Media: Although social media may not be a new tool, many firms have yet to establish a usage policy or firmwide strategy. As you iron out how your firm will utilize social media, keep in mind that relevance is more important than reach – it doesn’t matter if you have 2,000 Twitter followers if the content you give them doesn’t resonate.

© 2010 International Legal Technology Association  

About the Author:

Kristyn is Marketing Technology Specialist at Chicago-based Much Shelist. She is responsible for the firm’s CRM database (InterAction), electronic marketing campaigns (from basic HTML design through distribution and analytics) and social media strategy. She also has various duties related to the firm’s Web site, including search engine optimization and Web analytics interpretation. Kristyn was recognized by the International Legal Technology Association (ILTA) with a 2010 Distinguished Peer Award for outstanding achievements in marketing technology at the organization’s annual conference. She has nearly five years of marketing technology experience in a law firm environment.

www.muchshelist.com / 312-521-2125

 

Top 10 Rainmaker Best Practices to Win in 2010 – Part 3

In the final installment of her three-part Business of Law guest blog posting at the National Law Review, Deborah Knupp of Akina Corporation details the final four steps to help focus and streamline legal business development.  

This week’s posts are identifying the Top 10 Rainmaker Best Practices, that when focused on with discipline and intention, distinguish you and your firm and help you gain a competitive sales advantage.  Our previous posts Part 1 and Part 2 focused on the first six Rainmaker Best Practices.  Today’s article focuses on the last set of four Best Practices and discusses WHAT works in any market and HOW to implement the best practices to impact your business with increased revenue, increased leverage of time and resources and improved accuracy and predictability in your sales pipeline.

7) Networking and Working a Room

Networking effectiveness has less to do with personality and more to do with readiness.  Simple answers to questions like, “What is my goal or objective for the event?”  “How many people do I want to meet at the event?”  “How might I follow-up after the event if I make a connection?” turn networking situations into productive treasure hunts.  Networking basics include having your Quick Pitch ready, having business cards accessible and managing your time to meet your objectives.  When possible, ask for the attendee list in advance and peruse the day’s headlines (news, sports, current events) to have small talk ready to break the ice.

8) Campaign Thinking

The ethos of Campaign Thinking is any single act of marketing or business development should be leveraged minimally for a 3:1 payback.   3:1 leverage could be turning an article into a speech and a webinar.  3:1 leverage could be turning a single event into a 3-part communication plan: pre-event communication, during the event conversation and post event follow-up communication. 3:1 leverage can also be geography based by utilizing travel as the authentic reason to connect, i.e. one meeting in NYC turns into three meetings in the Northeast Corridor.

9) The 6 Silver Bullets for Closing and Managing the Red Zone

Unfortunately, there is no magic phrase or silver bullet to close business.  There are however, six qualifiers that can be like silver bullets to understand when business should close.  Business will generally close if there is:

1)     A legitimate problem

2)     A good fit solution

3)     A sense of urgency attached to the timeline to make decisions.

4)     Access to the decision makers and their decision-making criteria

5)     Expectations that are in alignment regarding the level of effort it will take to initiate a relationship and work successfully with you

6)     Budget that fits with your fee structure

When your prospect’s interests align with your six qualifiers, business has a way of closing itself.  If you aren’t sure if your prospect’s interests align against a specific qualifier, asking additional Discovery Questions will provide clarity and a sense of what the appropriate next steps might be.

When business does close, it is understandable that when a prospective client gives you a verbal “yes,” it is tempting to celebrate and step back from your selling efforts.  However, managing the Red Zone means that you recognize that when you get the “yes”, the incumbent has gotten the “no,” which can often lead to desperate decisions and measures to retain the client.  Business is not truly closed until work has started.  Therefore, when you receive word that you have been hired you are on the 20-yard line.  You will want to continue to stay connected, step-up communication and set clear definitive next steps as you ready for the actual work.

10) Create SuperFans through Client Experience

Many professionals assume that if they do good work, clients will continue to hire them for more work. However, reality tells us that just doing good work is not enough.  The competitive market tells us that we need to continuously manage the client relationship to inspire client loyalty while simultaneously looking for additional problems to solve for the client. Recognizing that loyalty is usually a result of an accumulation of good experiences rather than one outstanding moment, we can create SuperFans by finding ways to deepen value within the client experience in seven areas of innovation:

1)     Client feedback

2)     Client intake process

3)     Communication and expectation management

4)     Client appreciation

5)     Knowing a client’s business

6)     Non-legal client project participation and facilitation

7)     Alternative fee arrangements

Summary

Whether you are new to business development or a seasoned veteran, the Top 10 Rainmaker Best Practices are designed to give you greater focus, greater control and greater results with more predictability.  When you remember to focus first on building authentic relationships and solving the problems that should be solved, you will have greater joy during the journey and greater impact in the communities in which you serve.

To see Part I of Top 10 Rainmaker Best Practices to Win in 2010 click here.

To see Part II of Top 10 Rainmaker Best Practices to Win in 2010 click here.

COPYRIGHT © 2010 AKINA CORPORATION

About the Author:

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families.www.akina.biz /312-235-0144

Top 10 Rainmaker Best Practices to Win in 2010 – Part II

This week’s National Law Review Business of Law Guest Blogger is Deborah Knupp of  Akina Corporation . Deb authored a very helpful three part series on specific steps that attorney’s can take to increase business!  The following is part two: 

This week’s posts are identifying the Top 10 Rainmaker Best Practices, that when focused on with discipline and intention, distinguish you and your firm and help you gain a competitive sales advantage.  Our previous post focused on the first three Rainmaker Best Practices.  Today’s article focuses on the next set of three Best Practices and discusses WHAT works in any market and HOW to implement the best practices to impact your business with increased revenue, increased leverage of time and resources and improved accuracy and predictability in your sales pipeline.

4) Operate by the Platinum Rule through Discovery Questions

At Akina, we often speak about operating out of the Platinum Rule, which says “do unto others as they would be done unto,” or in more basic terms seek to serve another’s interest first, understanding that your own interests will be satisfied over time.  By operating from the Platinum Rule, we take on a posture of service over self-interest.  One of the best ways to evidence the Platinum Rule is through Discovery Questions.  “Discovery” implies that we are interested and care about others.  We often demonstrate more credibility by the types of questions we ask because our questions reveal our character.  Discovery Questions ultimately get others talking about the thing that they know best… themselves.  If new business is the natural outcome of solving problems, then the only way to understand what problems should be solved is to ask.

Getting into the habit of asking good Discovery Questions also enables us to find the most authentic way to stay connected over time.  When we ask good questions, it often becomes obvious how we can be most helpful to someone else, either through our introductions, information (knowledge) or invitations (access to events or opportunities).

Finally, good Discovery Questions help orient us as to where a prospective buyer might be in their decision-making process.  We don’t have to worry about “hard closing” if we’re paying attention to a buyer’s readiness to close.  Discovery Questions give us access and insight into a prospect’s perspective so that we can respond appropriately and adequately.

5) Time-Boxed Follow-up

Which brings us to the next best practice…great rainmakers call out Definitive Next Steps as they go.  Time-boxed follow-up is the opportunity to set next steps in the moment.  It’s saying “I’ll call you next Friday to set up lunch” or “I’ll reach back out to you in six months if we don’t connect again before then” versus leaving next steps open-ended or saying “we should do this again some time.”  Time-boxed follow-up concretely identifies what actions will be taken and by when.  Definitive Next Steps give us the chance to demonstrate that we are our word, that we are responsive, and that we care.

6) Prep/Plan/Strategy

At a high level, effective preparation demonstrates that you honor another’s time by caring enough to have a game plan designed to get to a clear destination. Tactically, effective preparation helps you control the variables you can in an uncertain market place.

At a minimum, they key elements of preparation include identifying: 

  • Your objective for why you want to meet
  • Your distinct key messages to convey interest and value
  • The discovery questions you will ask to deepen understanding and relationships
  • Anticipated scenarios and outcomes with potential definitive next steps, typically from a best case, likely case and worst case scenario

When done well, effective preparation, planning and strategy is done more than 24 hours before a meeting and is not conducted in a parking lot, elevator or car while driving.  Look for the final Rainmaker Best Practices in the following days!

To see Part I of Top 10 Rainmaker Best Practices to Win in 2010 click here.

COPYRIGHT © 2010 AKINA CORPORATION

About the Author:

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families. www.akina.biz /312-235-0144

 

Have You Been Sued…or Are You About to Sue Someone? Ten Questions to Ask Your Attorney

As recently posted on the National Law Review –some great “How To” advice from Anthony C. Valiulis of Much Shelist Denenberg Ament & Rubenstein P.C. on things to consider when retaining an attorney & law firm: 

Like a visit to the dentist, litigation is often necessary but seldom fun. It takes time, interferes with your business, disrupts your life, and can exact a substantial monetary and emotional toll. So if you have to go down the litigation road, choosing your travel guide is one of the most important decisions you will make. In a very real sense, your legal counsel will lead you on this journey. Therefore, you need someone who is not only skilled but also compatible with you and right for the case.

Despite the stereotypes, attorneys are as diverse as any group of people can be, each with a different approach and level of knowledge and experience. Most of us, however, do share one characteristic: we strive zealously to represent the interests of our clients.

Within that context, how can you determine which attorney is best for you? Although there are no guarantees (and if a lawyer tells you differently, immediately start looking for someone else), here are 10 questions you can ask to determine if an attorney is right for your matter.

Question 1: Why Should I Retain You or Your Firm?

Attorneys are not one-size-fits-all. You need a lawyer with whom you are comfortable, who also has the knowledge and skills necessary to represent you well and can differentiate himself or herself from other lawyers. To use a cliché, you need someone who can add value. After all, adding value for our clients is what lawyering is all about.

Although attorneys approach this challenge in many ways, generally it all comes down to one thing: helping you solve your problem in the most efficient and cost-effective way possible. This is especially true in litigation, where the emotional cost often exceeds the financial one. Thus, it is vitally important to discuss up front your attorney’s perspective and strategy. How will he or she proceed in order to accomplish your goals? Of course, that presupposes that you have already established those goals, which brings us to the next question. 

Question 2: How Strong Is My Case?

This is perhaps the most obvious and most important question to ask. It’s also what you want to know more than anything else, with the possible exception of Question 4. This is your opportunity to learn exactly what your lawyer believes about your case, which can be quite revealing in other ways. For example, if a lawyer tells you that you have a “slam dunk,” pick up your things and leave. There are no slam dunks! Why? Because there is no certainty whatsoever when a case goes before a judge, a jury, an arbitrator or any other third party.

Question 3: What Are the Weaknesses?

Here is the flip side to Question 2, and it is just as important. What you want from your attorney is an honest assessment of the strengths and weaknesses of your position—not only why you are likely to prevail but also why you might lose. As human beings, we tend to view everything through a self-serving filter. Your lawyer, however, should strive to see beyond that filter in order to accurately evaluate your case.

Question 4: How Much Will It Cost?

When you embark on litigation, it is important to decide whether it makes economic sense to fight to the end or settle as quickly as possible. In other words, if you have a $50,000 dispute, you need to know if it’s going to cost you $5,000, $15,000 or $40,000 to resolve it.

In a litigated matter, your lawyers might not be able to provide much certainty with respect to cost. But they can share their billing rates and estimate how much time they expect to devote to the case. This information will help you make an informed decision about how to proceed. If you are considering a lawyer who is not willing to give you an estimate or budget, find someone else who will.

Question 5: Will You Consider Alternative-Fee Arrangements?

Although lawyers generally charge by the hour and that traditional approach works for many clients, there are other methods of billing. For example, many attorneys are willing to handle certain matters on a blended-rate, flat-fee or contingent basis. Others might be willing to discuss an arrangement based on the result achieved.

Question 6: How Much Relevant Experience Does Your Lawyer Have?

You need to feel confident that your lawyer has the skills and knowledge to effectively represent you in the matter at hand. Likewise, your lawyer should want you to feel comfortable with his or her ability to represent you effectively. Therefore, don’t be shy about asking your attorney how much experience he or she has related to your particular dispute.

Question 7: Who Will Handle My Matter?

Let’s say you’ve met with a lawyer, were impressed with her capabilities and retained her to represent you. Will it really be that lawyer who acts on your behalf, or will your matter be relegated to a less experienced associate or maybe even a paralegal? You can’t know for sure unless you ask. Of course, when you select an attorney from a firm like Much Shelist, you are really hiring a team of lawyers at different billing rates, which may be advantageous on multiple levels. Research, for example, can often be done better and less expensively by associates or younger partners. If, however, you want a particular lawyer to handle everything, you should make that clear up front.

Question 8: Where Is the Engagement Letter?

Once you have decided to retain a lawyer, make sure there is an engagement letter signed by both you and the attorney. An engagement letter protects the client as much as, if not more than, the attorney. It should set forth the fee structure, the scope of the engagement, any requirement for an up-front retainer (including the amount), how out-of-pocket costs will be handled, what other charges are involved and so on. If there is anything in the letter that you do not understand, make sure the attorney explains it to you. Most importantly, your lawyer should never dismiss the engagement letter as “just boilerplate.” If he or she does, then you should seriously consider getting another lawyer. Ultimately, the engagement letter constitutes a contract between you and your attorney and is invaluable in establishing the parameters of the relationship.

Question 9: What Charges Should I Expect to See on My Bill?

This may seem like an obvious question, but in many respects, it is not. Generally, if you phone your attorney, you are going to be billed for that call. If your attorney has a substantive discussion about your matter with someone else in his or her office, you will usually be billed for that conference. If an associate does research on your file, you will likely be billed for that work. If a paralegal reviews documents or organizes a file, you will probably be billed for his or her time. There is nothing particularly surprising about these examples, but what about charges for electronic research like Westlaw? How about faxes or photocopies? All of these billing issues should be addressed in the engagement letter. And if it includes something you do not like, discuss it with your attorney before you sign on the dotted line.

Question 10: What Is the Likely Outcome?

Although your attorney will not be able to answer this final question with certainty—especially during the initial stages of the matter—it is important to discuss the issue right away. As I’ve said before, there are no guarantees, but experienced counsel should be able to give you an idea of what might take place down the road. Ultimately, there is no benefit to you or your relationship with your lawyer to have unrealistic expectations.

This list of questions is by no means exhaustive, and that’s a good thing. You should never hesitate to ask your lawyer anything, no matter how big or small. We are here to help, so ask away!

© 2010 Much Shelist Denenberg Ament & Rubenstein, P.C. 

Social Media Policy Drafting: What are the Ethical Risks & Pitfalls?

The National Law Review’s featured Business of Law Guest  Blogger Meredith L. Williams of Baker Donelson Bearman Caldwell & Berkowitz, PC outlines some very real concerns for lawyers and law firms related to social media and state bar assocation guidelines.  Ms. Williams also offers some very concrete Do’s and Don’t on how to address these concerns.  Read on….

Today, social media encompasses a broad sweep of online activity, all of which is trackable and traceable.  These networks include not only the blogs you write and those to which you comment, but also social networks.  Each day brings new online tools and new advances introduce new opportunities to build your virtual footprint.

As a law firm, social media can help drive business initiatives and support professional development efforts. In basic business terms social media can be considered the least expensive form of large scale advertising. However, social media is not exclusively used for business by law firm employees.  When it comes to expressing opinions about anything having to do with the law, firm employees are in a position that requires limitations and have certain limitations. Statements in public forums may inadvertently create an attorney-client relationship, and they may also violate the rules prohibiting law firm advertising.  The wrong communication can be construed as exposing firm or client secrets; invasion of privacy and defamation; trademark violations; and may even lead to wrongful termination claims. Therefore, a law firm must attempt to provide reasonable guidelines for online behavior by members of the firm.

The following are five (5) ethical areas that all law firms should address when drafting internal social media policies. These can also be utilized by law departments when dealing with lawyer and non-lawyer employees.  All of these rules are simply an extension of model rules of professional conduct & state rules of ethics.  The over arching principles should remain the same as new social media sites and technologies emerge.

Advertising (Model Rule of Professional Conduct 7.2)

Marketing and advertising are key functions for any business survival. However, lawyers, especially in law firms, are held to a higher standard when advertising through electronic means. Model Rule of Professional Conduct 7.2[1] states a lawyer or law firm may advertise through written, recorded or electronic means.  This includes all social media sites.

  Quick Reference
  Do

  • Have any personal or professional social media site as desired.
  • Use appropriate disclaimers as needed.

Do NOT

  • Use the organization’s name or email address on a personal site unless using the appropriate disclaimers.
  • Use the organization’s assets to update personal sites.
   

Example: A law firm creates a site on Facebook, MySpace, LinkedIn, Twitter, etc. using the firm name.  Is this advertising?

Example: An employee of a law firm uses the firm name or firm email address on their personal Facebook site.  Is this advertising? 

State ethics boards consider the true crux of the advertising issue to be not who creates the site or the intent of the site but rather whether or not the site can be considered to be used for professional use.  If being used for professional use, social media presence and communication can be considered to fall within the advertising rules. 

Below are a few guidelines to include in firm policies to teach your employees (lawyers and non-lawyers) how not to create a professional site unless intended.

  • Employees should not associate the firm name or firm email address with the site unless it is intended for professional use.  This includes stating they are an employee of the law firm. 
  • Do not use firm assets to update personal sites.  This includes any law firm owned laptop or computer, I-Phone or blackberry, firm IP address and email address.  Using the firm email address implies the employee is acting on the firm’s behalf. 
  • Create an advertising disclaimer to help employees specifically state their use is personal or professional. 

This subject is difficult to approach with employees. Many will argue it is the same as verbally telling someone they work at a specific law firm. However, state boards have compared the online activity to a law firm website vs. verbal communication.  The best approach is helping employees understand how not to blur the lines of professional/ personal sites for their own protection.  As an employer, you want employees to continue using social media sites to broaden and help promote the firm brand.  However, you only want them to do it in the most ethical way.

Attorney-Client Relationship (Model Rule of Professional Conduct 1 Series)

The attorney-client relationship is one of the oldest legal ethical standards.  It creates a certain set of duties the lawyer owes the client. The model rules of professional conduct set forth a series of guidelines that help regulate the creation and existence of this important relationship. In the electronic world, especially when utilizing social media, the important issue is whether any electronic communication creates an attorney-client relationship inadvertently. 

  Quick Reference
  Do

  • Post non-legal comments, blogs, etc. on any personal or professional site.
  • Use appropriate disclaimers as needed.

Do NOT

  • Post legal advice.
  • “Friend” anyone on a professional site unless previously corresponded or known.
  • “Friend” a Judge on a professional site.
   

Example: A lawyer of firm ABC is blogging on a social media site regarding new tax laws. A non-client comments to the blog inquiring about his specific tax situation. The lawyer in turn comments again discussing how the new tax laws apply to the non-client. Has an attorney-client relationship been created?

Law firms presently use disclaimers for emails and firm websites to verify no implied relationship is created.  But how do we instruct employees to this standard when social media sites are interactive by nature? Below are a few key policy guidelines to help employees navigate this difficult area.

  • Employees should never post legal advice.  This does not mean employees cannot comment or post to social media sites. It only relates to publishing or posting that could be construed as legal advice or opinion.  If the subject matter is related to a legal or ethical situation, attorneys and staff may only discuss the legal standards but not apply those standards to any particular fact situation. 
  • Firms should provide a disclaimer for employees to utilize when posting or commenting on professional social networking sites. 
  • When using social networks with firm e-mail and professional identification, employees should not “friend” anyone they do not know and/or with whom they have not previously corresponded. 
  • Some states have even gone so far as to also state that lawyers and judges cannot be “friends” on any professional social media sites. State ethics rules should be consulted prior to drafting any policy.

Client Confidentiality (Model Rule of Professional Conduct 1.6)

Client confidentiality and business privacy are two of the largest concerns of employers when dealing with social media communication. Generally, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.  In addition, privacy of the organization, the business processes, the firm brand and the IP of the firm are key for business continuity.

  Quick Reference
  Do

  • Discuss job generically
  • Avoid uncontrolled forums.
  • Be respectful of other’s and the company’s privacy.
  • Get approval when responding to negative requests.

Do NOT

  • Discuss job specifics.
  • Use the client’s name.
  • Disclose specifics related to the business.
  • Disclose confidential information.
  • Upload law firm contacts onto a social media site.

 
   

Example: A lawyer begins discussing a case he is handling on his personal Facebook blog.  Although not referencing the client name, details of the case are discussed. Has the client confidentiality been broken?

Example: A law firm employee tweets about a firm staff meeting discussing salary and new hires.  Has the privacy of business been destroyed?

Law firms must address confidentiality and privacy standards in social media policies.  In addition, consequences for breaking these standards should also be detailed. Below are a few policy considerations to navigate this area. 

  • Employees should never use a client’s name unless written permission has been received.
  • Employees should never disclose confidential or private business information.  Sharing this type of information, even unintentionally, can result in legal action against the employee, the firm, and/or the client.
  • Outside the workplace, rights to privacy and free speech protect online activity conducted on personal social networks used with personal email addresses.  However, what is published on personal online sites should never be attributed to the firm and should not appear to be endorsed by or originated from the firm.
  • Employees should avoid forums where there is little control over what is known to be confidential information.  In the world of social networking, there is often a breach of confidentiality when someone emails an attorney or posts a comment congratulating him/her on representation of a specific client or on a specific case. 
  • Respect the privacy of other employees and of the opinions of others.  Before sharing a comment, post, picture, or video about a client or other employee through any type of social media or network, his/her consent is not only a courtesy, it is a requirement. 
  • Get Marketing/ PR departments involved when responding to certain inaccurate, accusatory or negative comments about the firm or any firm clients.

Expertise (Model Rule of Professional Conduct 7.4)

  Quick Reference
  Do

  • Allow recommendations.
  • Review and monitor all recommendations carefully.
  • Edit or hide recommendations as needed to remove any verbiage that states you are “better”, “the best”, “expert”, “specialized” or “certified”.

Do NOT

  • Be false or misleading in online credentials.
  • Use the words “better” or “the best” in credentials or when recommending others.
  • Use the verbiage “expert”, “specialist” or “certified” to describe experience unless certified by an organization that is accredited by the ABA or the state bar. 
   

Many lawyers are considered experts or specialists by their peers in select areas of law.  However, using the expert designation can only be done with appropriate approval. Model Rule of Professional Conduct 7.4 generally states that a lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.  In addition, a lawyer may promote the engagement in specific areas of practice.  However, a lawyer shall NOT state or imply that a lawyer is an expert or a certified specialist unless the lawyer has been certified by an organization that is accredited by the ABA or the state bar. 

This model rule affects the use of credentials and recommendations on social media sites.  What are the key areas to include in law firm policies?

  • Employees should never be false and misleading in online credentials.  All employees should maintain complete accuracy in all online bios and ensure no embellishment. 
  • Recommendations should be used carefully. Employees should review all recommendations created for them for any embellishment (i.e. use of the words better or best) expertise, certification or specialization listing.   Edit or hide recommendations as needed.
  • Employees should not include the words “expert”, “certified”, or “specialized” in their credentials unless authorized to do so.

Expertise and specialization is heavily regulated at the state level.  Some states have gone further in their restricted verbiage. State rules of ethics should be reviewed prior to any policy drafting.

General Communications (Model Rule of Professional Conduct 7 Series)

The final social media ethics concern revolves around general law firm and lawyer communication. In personal and especially professional communication, all communications must be truthful and accurate. 

  Quick Reference
  Do

  • Credit appropriately
  • Fact check
  • Spell & grammar check
  • Correct errors promptly
  • Be transparent
  • Follow firm policies
  • Obey the law

Do NOT

  • Personally attack, become involved in an online fights or hostile communication.
  • Solicit or use commercial speech.  The content must be informative only. Nothing should propose a commercial transaction
   

Law firms and law departments should consider the following general policy guidelines when drafting social media policies. 

  • Identify all copyrighted or borrowed material with citations and links.  When publishing any material online that includes another’s direct or paraphrased quotes, thoughts, ideas, photos, or videos, always give credit to the original material or author, where applicable. 
  • Ensure material is accurate, truthful, and without factual error prior to posting. 
  • Spell and grammar check everything.
  • Correct any mistakes promptly.
  • When participating social media sites in a professional manner, disclose identity and any firm affiliation.  Never use a false name, alias, or be anonymous.  Many courts have looked poorly on law firms and lawyers using alias names while on social media sites.
  • Follow all firm policies and procedures regarding online communications.  Be respectful and do not make statements that are defamatory; racially, sexually, or otherwise insensitive or offensive; or otherwise improper or likely to conflict with the interests of the firm, its employees, clients, affiliates and others, including competitors. 
  • Follow the site’s terms and conditions of use.
  • Do not post any information or conduct any online activity that may violate applicable local, state or federal laws or regulations.
  • Avoid personal attacks, online fights, and hostile communications. 
  • Employees should never solicit or use commercial speech.  Employees should not use a site as a way to directly solicit business for the firm.  While a blog itself is not subject to the limitation on commercial speech, the content of a blog can be.  The content must be informative only, and nothing in the content should propose a commercial transaction or be for the purpose of directly gaining a commercial transaction.

Conclusion

As discussed in this article, there are many ethical considerations when law firms and their employees decided to use social media sites.  Similar to email emerging as the main form of business communication ten (10) years ago, social media is now the communication wave of the future. This new format is how the next generation of leaders presently lives and communicates day to day.  The legal community must embrace the new technology and the opportunity to educate employees.

[1] Model Rules of Professional Conduct are professional standards that serve as models of the regulatory law governing the legal profession.  However, each state board of professional responsibility has additional or supplemental states rules of ethics. State rules should be considered prior to policy drafting.

©2010 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. All Rights Reserved.

About the Author:

Meredith L. Williams is Baker Donelson’s Director of Knowledge Management.  Although trained as a lawyer, she is not actively engaged in the practice of law.  Instead, she oversees BakerNet, the Firm’s industry-leading intranet, and coordinates strategic growth on behalf of the Firm in knowledge management, competitive intelligence and technology.  Ms. Williams is widely recognized as a leading authority in knowledge management issues for the legal field, and is a frequent presenter and author on knowledge management and competitive intelligence. 

Ms. Williams is a member of the Association of Women Attorneys and the American, Tennessee and Memphis Bar Associations. In addition, Ms. Williams is Conference Vice President for the International Legal Technology Association 2010-2011. She is a recipient of the Dean’s Distinguished Service Award from the University Of Memphis Cecil C. Humphreys School Of Law for her volunteer work.   901-577-2353 / www.BakerDonelson.com

Easy Tweeting – A Few Suggested Applications to Simplify Twitter

From the Business of Law Section of the National Law Review -by  Tom Ciesielka of TC Public Relations   suggests some applications that help streamline Twitter use for busy attorneys – read on:

For all those lawyers out there on Twitter, I’d like to suggest a few programs to simplify your Twitterverse.

TweetBeep

This web-based application enables users to set up a search for any keyword or phrase on Twitter, and receive hourly updates via email when any tweets include that keyword, phrase or hashtag. TweetBeep is an easy tool for tracking talk on Twitter about your firm, website, events or services. By monitoring the conversation about your firm, you can make sure you are managing your reputation and engaging with people who are interested in you – people who can become potential clients. You can also use TweetBeep as an application to measure the impact and engagement level of various cases, or track the reactions to your firm’s announcements or legal victories. It can also be a valuable tool for industry research if you monitor industry-specific terms (such as “intellectual property”) or even a competitor’s name. 

Tweet All About It

Sometimes it takes too much time to think about what to tweet (and we all know time is money). Tweet All About It makes it easy as “highlight” and “right click.” This downloadable program allows you tweet pieces of text from websites viewed on Firefox or Internet Explorer by highlighting the text, right clicking and selecting “Tweet All About It.” The text will automatically be tweeted from your Twitter username, and you will have saved time, energy & potentially, money.

Monitter

Anyone, even those without Twitter accounts, can go on the Monitter website and search and track keywords being using on Twitter (somewhat similar to TweetBeep). Users enter words into the search box and instantly see relevant tweets streaming in real-time. They can also send tweets or retweet to their accounts directly from the Monitter interface. You can download the widget for your website to keep track of what people are saying on Twitter about you or your firm.  It also can help you identify social media influencers for a certain legal topic or in a specific conversation and it allows you to quickly respond to or join those conversations.

This posting is republished with permission from the Chicago Lawyer Magazine Blog “Around the Watercooler” located at:  http://h20cooler.wordpress.com/2010/

Copyright © 2010 TC Public Relations 

Practice Descriptions and SEO: Distinguish Your Firm from the Competition

Originally posted on the National Law Review and in the LMA Virginia newsletter and contributed by Lauren Hum of Hunton & Williams LLP – some quick tips for SEOing practice descriptions on law firm’s websites: 

Differentiating your firm’s legal services from those of another firm is one of the basic tenants of legal marketing. Many firms offer the same general legal practices that directly compete with other firms for the top spots in legal rankings and search engine results. Fortunately, search engines are predictable creatures that use objective measurements to determine in what order websites are ranked. Below are a few suggestions on how to craft the most effective practice description in order to maximize search engine visibility.

Long-tail Keywords. Each practice has key phrases, usually names of specific laws or regulations, that are unique to that particular practice. It is important to identify these industry-specific keywords and include them in an appropriate place within the practice description. Using long-tailed keywords, such as “EU data protection directive,” will have the added benefit of generating traffic from visitors who have in-depth knowledge about the specific industry as opposed to more generic keywords, such as “climate change,” that will cast a wide and rather ambiguous net.

Keyword Variation. Some practices, like international arbitration, have standardized names that are used universally by almost all firms who offer that practice area. Other practices have different names that describe the same general practice area. For example, a practice may be called “Business Restructuring & Reorganization” at one firm and “Bankruptcy, Restructuring & Creditors’ Rights” at another. Even if there might be slight distinctions in their niche expertise, they are generally targeting the same sector of the legal community. Although the name of the practice should remain consistent throughout the description, not including other commonly searched alternative forms of the practice within the text will limit your reach.

Inbound Links. One of most powerful ways to raise a practice area’s search engine rank is to increase the number of inbound links to the practice description. The more links that lead to your content, the more weight search engines will give to the ranking, and the more traffic will be directed to your practice area description. There are many opportunities to place a link to a practice description on your current material, including blogs, client alerts, and other related practices.

Intelligent Design. Search engines use header, sub header, bullet, and boldface tags to determine the content of a webpage. Using these elements to structure practice area descriptions will not only make your content more comprehensible to search engines, but also present your information more effectively to website visitors.

Consider the Medium. Practice descriptions used for the website should not be the same length as practice descriptions used in proposals and other print materials. By using a practice area description that spans several pages, you are inadvertently sabotaging its chances of appearing in search results. Search engines use complex algorithms that calculate the frequency of keywords divided by the overall length of the content and thus long practice descriptions will dilute the keywords you use to categorize your law practice.

While incorporating any one of these elements into your practice’s website description will be beneficial, it is critical to keep in mind that effective SEO is dependent upon multiple components that work in unison to produce the desired effect. Furthermore, many of these recommendations can be extrapolated to attorney biographies, as they are another opportunity to distinguish your firm from the competition.

DISCLAIMER. The views expressed in this article are those of the author and do not necessarily reflect the views of Hunton & Williams LLP.

Originally published in the Summer 2010 issue of LMA Practice Marketing Newsletter Copyright 2010 Legal Marketing Association –The Virginias Chapter.

Authored By Lauren Hum:

Lauren Hum is a Marketing Technology Specialist at Hunton & Williams LLP and lives in Richmond, Virginia. Ms. Hum is a Communications & Technology committee member for the Legal Marketing Association’s Virginia Chapter and a board member for the William & Mary Richmond Alumni Chapter.