Category: Legal Marketing

July 2021 Legal Industry News: Attorney Hiring, Law Firm Awards & Innovation

Happy July! We’re back with another edition of our legal industry news roundup. Read on for the latest law firm hiring, pro bono, and legal innovation news.

Law Firm Hiring & Moves

Much Shelist Law announced new management committee members and practice leaders for their firm.

Sheryl Jaffee Halpern, the chair of Much’s Labor and Employment group, joined the Management Committee. In her labor and employment practice, Ms. Halpern provides guidance to employers, devising practical solutions for complicated legal and business problems.

“The Much culture allows each individual to grow and develop, and I look forward to fostering our people-first philosophy as a member of our senior leadership team,” said Ms. Halpern. “I’m proud to be part of a firm that understands the power of diverse viewpoints when it comes to building a creative and collaborative workplace.”

Courtney E. Mayster, the chair of Much’s Real Estate group, joined the management committee. Ms. Mayster a commercial real estate attorney guides lenders, property owners, and investors through complex projects.

“Client relationships are at the heart of our firm,” said Ms. Mayster. “As a member of the Management Committee, I’m excited to lead Much’s efforts to enhance the client experience and ensure we continue bringing our clients smart, practical advice and innovative ideas.”

Mitchell Roth, Steve Blonder, Greg Mann, Michael Shaw, and Glenn Taxman were all re-elected to Much’s Management Committee.

Much also named six attorneys as vice chairs of their respective practice groups:

Mayer Brown named John Nadolenco as managing partner of the firm’s Los Angeles office. Mr. Nadolenco joined Mayer Brown in 1995 and whose civil litigation and trial practice focuses on high-stakes cases and class action defense.

“It’s a tremendous honor to assume the responsibility of leading the Los Angeles office, which is a key strategic geography of the firm’s West Coast footprint,” said Mr. Nadolenco.

“John is an exceptionally talented litigator who has held a number of key leadership roles at Mayer Brown, and is highly regarded in the Los Angeles business community and throughout the firm,” said Jon Van Gorp,  the chair of Mayer Brown.

Kennedy’s Global Law firm added Judith A. Selby as a partner in their New York office. Ms. Selby brings a wealth of knowledge and almost 30 years’ experience in the insurance litigation field, with a concentration in cyber and data privacy, and adds to Kennedys’ growing US niche in cyber incident response and data privacy compliance.

“I’m delighted to join Kennedys’ global Cyber and Privacy practice. Increasingly, cyber and privacy issues are international and have no borders. My clients will benefit from the firm’s deep bench and global resources as they confront today’s most challenging cyber, privacy, and technology-related issues,” said Ms. Selby.

“We couldn’t be more pleased to have Judy join Kennedys. Given her reputation in the US and globally, she will be a critical addition to our growing Cyber and Data Privacy practice in the US and globally throughout Kennedys,” said Meg Catalano, Kennedy’s U.S. Managing Partner.

Manatt, Phelps & Phillips, LLP added Ted Hunter as a real estate partner in its New York office. Mr. Hunter advises on investment, funding and joint ventures, with work ranging from acquisitions, dispositions and leases to financings, workouts and development transactions.

“A respected figure across the commercial real estate sector, particularly in New York and New Jersey, Ted excels at navigating complex real estate deals by finding common ground between his clients and other involved parties,” said Donna L. Wilson, Manatt’s CEO and Managing Partner.

“Manatt’s holistic approach to the real estate industry—which includes both comprehensive legal and advisory offerings—and the firm’s long-standing focus on servicing clients in this space make it the ultimate one-stop shop for my clients,” said Mr. Hunter.

Pro Bono & Recognition

The Public Interest Law Initiative’s (PILI) Pro Bono Recognition List recognized Barnes & Thornburg’s pro bono efforts, alongside 47 other law firms.

“We are deeply grateful for the recognition that PILI has bestowed on us for the sixth year in a row. We have worked diligently in the Chicago office to increase and enhance our pro bono activities. This recognition is a testament to our firm’s long-standing tradition of providing pro bono services to those in need,” said Kevin Driscoll, pro bono administrator for Barnes & Thornburg’s Chicago office.

Steptoe & Johnson PLLC is one of more than 160 law firms participating in the Mansfield Rule 5.0 certification process. The Mansfield certification process ensures firms are considering at least 30 percent women, racially and ethnically diverse disabled and LGBTQ lawyers for promotions and leadership roles.

“Mansfield certification is the gold standard for law firms that are committed to increasing diversity among their lawyers and professional ranks, and in leadership roles,” said Steptoe & Johnson CEO Christopher L. Slaughter.

“Our clients have made diversity and inclusion a crucial part of their business and they expect the same from their legal counsel.  As a firm, we have made great strides in our diversity and inclusion efforts and obtaining Mansfield certification is the next step in that journey,” said Michael E. Flowers, the Director of Diversity and Inclusion at Steptoe & Johnson.

Foley & Lardner partnered with Boys & Girls Clubs of America to spread the message of diversity and inclusion, and help kids meet their potential. Through the partnership with Foley, the Boys and Girls club will work to advance their diversity, equity and inclusion initiatives which offer culturally relevant programs and resources for children.

“We look forward to expanding our work with Boys & Girls Clubs of America and the kids they serve. The work Boys & Girls Clubs of America does every day is part of the change needed to provide equitable opportunity to all,” says Jay O. Rothman, Chairman and CEO of Foley & Lardner.

Foley also engages in pro bono work for Boys & Girls Clubs of America on legal matters helping local clubs to offer more programs to a broader range of children.

Law Firm Awards & Innovation

The Chicago Daily Law Bulletin and Chicago Lawyer Magazine recognized Susan A. Capra, a partner at Clifford Law Offices, as one of the 50 Salute! Woman in Law in 2021.

The Law Bulletin/Chicago Lawyer selection committee, Ms. Capra’s peers, and a Women’s Advisory Board selected Ms. Capra for the award from a pool of over 400 nominees. The committee selected the awardees  “for their work to mentor and promote other women in the profession, their success in the legal community and being a shining example of leadership.”

Ms. Capra, who is also a registered nurse, focuses her practice on hospital and medical negligence litigation.

“I am honored to be among those recognized for this honor in a profession to which I have dedicated my life,” she said.

The Legal 500 United States included 90 Katten Muchin Rosenman law firm attorneys on its 2021 guide. Katten received recognition as leader in 21 practice areas.

Katten ranked highly in the following areas:

  • M&A: Middle-Market (Sub-$500 Million)

  • Structured Finance: Derivatives and Structured Products

  • Structured Finance: Securitization.

Katten attorneys also made The Legal 500’s “Leading Lawyers” list, including:

Additionally, the Legal 500 selected Associate Brett J. Seifarth as a “Rising Star” for making major contributions to his practice.

The Legal 500 analyzes the strengths of law firms across the world, basing its rankings on feedback from 300,000 clients worldwide and a team of researchers.

FFor the 10th year in a row, DLA Piper ranked among the best law firms for women by Working Mother. Specifically, DLA Piper ranked highly for hiring and retaining women, providing flexible working arrangements and promoting the advancement of women in law.

“It is our responsibility as a firm to ensure that our leadership pipeline is made up of a diverse group of lawyers who are well equipped to face the challenges of helping lead a global law firm, and programs like DLA Piper’s Leadership Alliance for Women (LAW) are a crucial factor in our ability to meet that goal. These initiatives and policies promote a more inclusive firm culture, allowing us to better serve our clients across all industries,” said Jackie Park, co-US managing partner of DLA Piper.

LAW focuses on helping women attorneys through networking, leadership skill development, and business development opportunities.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.

The Secondment Trap: When Should Law Firms, Legal Departments & Attorneys Avoid a Traditional Law Firm Secondment?

For more than half a century, corporate law departments and law firms have used secondment arrangements as a way to solve the law department’s need for high-caliber, interim additional counsel to alleviate leaves of absence or sudden increases in legal work. These law firm-provided flexible talent arrangements have largely been considered symbiotic, with each side convincing itself how happy it is with the deal. As it turns out, however, many of these attorney staffing arrangements are not, in fact, strategic and often negatively impact clients, law firms and the lawyers who serve as secondees.

Why law firm secondments? Secondments are sometimes perceived as a viable flexible talent solution when additional bandwidth is needed in-house, but where hiring new team members doesn’t make sense for the legal department. Typical circumstances include major litigation and during pre- and post-merger integration phases. Secondments are also frequently used to fill the role of existing team members who take time off due to illness, military or family leave. Some companies use law firm secondments when headcount limitations or hiring freezes preclude adding a needed permanent hire.

What makes a secondment symbiotic? For law firms, secondments can sometimes provide a means to accommodate a good client’s request, with the potential added benefit of having a law firm team member embedded at the client, presumably producing enough revenue to at least cover the firm’s cost of employing the attorney. For the law department, its immediate needs for additional resources are filled by a talented, high-quality attorney, as vetted by one of its prestigious law firms.

Law firm secondment arrangements are symbiotic when the goals of firm and client are aligned. For example, a secondment can sometimes offer a convenient avenue for in-house teams to embed knowledge of the company at their law firm and for the law firm to gain greater visibility regarding its client’s needs. It may also be a way to help young attorneys develop experience “on the business side” before moving back into the firm to better serve the client in the future. In some cases, the company is test-driving a potential future hire for the company and the firm doesn’t mind losing the attorney permanently based on the expectation that new work will flow back to the firm if the attorney moves in-house permanently. Sometimes a firm is happy to simply outplace an attorney who is not a long-term fit with the firm.

But there are many instances—most of the time, actually—where the disadvantages of secondments outweigh the benefits. Clients often seek secondment arrangements—and firms agree to them—simply because “that’s the way it’s always been done.” A deeper analysis indicates secondments are often not actually beneficial for law firms, clients or especially the lawyers who serve as secondees.

Let’s start with law firms. First, secondees are usually billed at deep discounts, resulting in the firm taking a substantial financial hit. Often, firms bill out secondees much closer to the cost of their employment than their bill rate. In these cases, the firm misses out on the revenue that attorney could have earned for the firm by billing out at normal market rates. This often results in the firm’s loss of hundreds of thousands of dollars in profits for each secondment.

Second, clients also often request a firm’s most talented or marketable associates, leaving them unable to serve other important clients. A top associate may be working with multiple clients simultaneously; devoting them full-time to a single client may disappoint the other clients or, at a minimum, impact the workflow on those projects. That workflow disruption often results in the firm writing off hours so clients do not bear the cost of substitute personnel getting up to speed. Then, when – or if – the secondee comes back, the same workflow difficulties arise again as the attorney is reintegrated.

Third, pulling an associate off a team can have the same feel as if you lost them to another job (as is often what, in fact, occurs). For smaller teams, especially, the effect can be pronounced, including lowering morale on already stressed team members, and risks further attrition due to burnout. There is also the issue of a potential drop in the quality of work product caused by the transition.

From a client’s perspective, attorneys made available by law firms are often junior attorneys. And even if they are more senior attorneys, they almost never have experience working in-house. That limits the secondee’s near-term effectiveness and results in increased stress on the existing in-house team, which must devote time to training the secondee to practice law in a new way. Attorneys with in-house experience understand that the skills necessary to be an outstanding associate at a law firm are not necessarily the same skills needed to immediately be an outstanding in-house attorney. Law firms seek analysis of many issues that require detailed thought, consideration of many different permutations of issues, precise drafting – and the layered review of work product by sometimes multiple more senior attorneys. Firms are looking for precise answers to legal questions – and this takes time.

Law departments, on the other hand, are required to work at “the speed of business.” In-house counsel need to provide actionable answers, often immediately, consistent with the business objectives and risk tolerance of the company. Law departments are looking for answers to business questions – as quickly as possible. The shift between the law firm style of practice and in-house practice often takes time and training – yet legal departments often turn to secondments because they need an attorney who can begin taking work off others’ plates immediately.

Finally, even when a secondee is provided at a significant discount, law firm resources are not cheap and typically significantly more costly to the law department than comparable alternatives.

Perhaps most importantly, secondment agreements can also negatively impact the lawyers that serve as secondees. Many associates who agree to serve as secondees do so with the perception that it will be an easier way of fulfilling their billable-hour requirement or that in-house work will be less demanding. However, as discussed above, the skill sets needed in-house are different than those at a firm. That may frustrate the client, but it can also be a big shock to the secondee.

Second, from the perspective of their law firm career, the time seconded is time not generating the same revenue as their peers due to discounted work. That can be problematic, depending on the stage of the attorney’s career and the firm. While partners may understand that less revenue was generated because the attorney was seconded, it does not change the fact that many of the secondee’s peers will have far outpaced them in billings and in exposure to decision-making partners. (Secondees that are out of sight are also out of mind.) Upon their return, secondees often find they have been passed by other associates, have difficulty getting back onto the same client teams or are now out of the loop with other clients because they have missed key events. In some instances, upon their return secondees can face resentment from their peers who had to pull their weight while they were gone. Some returning secondees can even be considered failures for not having been permanently hired by the client.

Third, that period in-house likely requires the attorney to pause or at least deprioritize up to a year of traction toward being able to originate their own business. This often makes it more difficult to make partner.

In an era when law firm and corporate leaders are striving to better develop young attorneys, secondments can in many situations have the opposite effect on a promising young attorney’s career. In short, as often as not, a secondment opportunity is not in a young associate’s best long-term interest.

The legal industry is moving into a new era, with many new options for getting work done. So why are nonsymbiotic secondments often still used? Sometimes it is due to not being aware of other, better options, and often it is due to both firms and clients not fully understanding the disadvantages to all involved. Some, however, continue to be hesitant to embrace alternative means due to concerns over the quality of lawyers outside of traditional law firms. We are past the days when only law firms and legal departments employ top-tier attorneys, so there is no need to compromise on quality. There are now many outstanding attorneys with sophisticated Big Law and in-house backgrounds available on a flexible basis. These attorneys have track records of success that enable them to embrace the type of very well-compensated, flexible practice that is only available to the most accomplished attorneys.

While in the past law firms may have had little choice but to accede to a client secondment request despite the negative consequences to the firm and secondee – or refuse and risk driving the client into the arms of a competing law firm – now law firms have great alternatives to traditional secondments. Likewise, legal departments no longer have to press their law firms for a secondment and can instead preserve that request for a favor for other occasions.

With the growing pace of legal teams requiring highly developed specialties and rapidly changing activities, including the rise in proactive investigations and ESG-related compliance, there has never been more need for attorneys with a Big Law pedigree to bridge the gaps for corporate legal departments. But, in an increasing number of instances, traditional law firm secondments are not the best model. Instead, it will be imperative to find legal team members that can quickly and cost-effectively start working and fit in with the existing in-house team, without putting undue pressure on law firms or negatively impacting the careers of promising law firm attorneys. And flexible talent legal service companies may provide the key to filling in the gaps and avoiding those costly traps.

© 2021 Latitude. All Rights Reserved.
ARTICLE BY Ross Booher and Tim Haley of Latitude
For more articles on the legal industry, visit the NLRLaw Office Management section.

7 Questions to Ask Before Hiring a Crisis Communications Firm

Crisis communications is a sub-specialty of the public relations profession that is designed to protect and defend an individual, company, or organization facing a public challenge to its reputation.  Crisis communications is aimed at raising awareness of a specific type of threat, the magnitude, outcomes, and specific behaviors to adopt to reduce the threat.

                                                                            – Wikipedia

Over the last 20 years, we’ve learned five great lessons about crisis communications:

  • Crisis communications is very much different from “regular” public relations.  Quite often, the advice we give is counter-intuitive to the traditional practice of PR.
  • The ubiquity and speed of the internet has changed everything.  It’s more than likely your bad news is going to break on social media, not on TV or in tomorrow’s newspaper.  Today, rapid, accurate communications are critical to your crisis response.
  • You can’t learn crisis communications (along with sister sub-specialties crisis management, risk management, risk communications and issues management) from books, blogs or from relatively minor scrapes with small problems.  Proficiency in these specialties comes from having had previous careers in corporate communications, television news, traditional journalism, digital platforms and political campaigns, along with constant cross-training with other team members, combined with facing hair-on-fire situations with clients day after day.  Malcolm Gladwell’s 10,000 hours to proficiency rule isn’t terribly far off the mark.
  • More often than not, we’re not just helping people figure out what to say, but instead helping them figure out what to do.  A general rule of thumb: more often than not, you’ll be punished not for what you did, but for what you did after it happened.
  • There must always be someone in the room willing to speak truth to power.  And if it’s truly a crisis situation, you can be sure there will be attorneys present who too-often insist on saying “no comment,” focused narrowly on winning in trial, even though 97% of all cases filed in court never go to trial.

Another thing we’ve noticed, especially over the last few years, is the sheer number of PR firms now claiming to offer crisis communications services.  If a PR agency is already selling marketing plans, new product launches, social media management, brand building, employee engagement, investor relations and digital marketing, it’s a simple matter to add “crisis communications” as an agency specialty without having truly experienced professionals on staff to deliver that service.

The business model for most public relations firms is similar to that of law, accounting and architecture firms.  The senior people bring the work in and push it down to less-experienced (and lower-paid) junior people. (By the way, that’s not the model you want when you’re facing a make-or-break crisis.) Certainly, there are exceptions to this.  The largest PR firms in the country have dedicated crisis comm units dealing with a steady stream of crisis situations, continually honing their expertise.  But for most PR firms, real crisis work is usually a very small percentage of their total billable hours. That means there’s little opportunity for the team to build the expertise crisis situations require.

So, if every PR firm claims to offer crisis communications, how do you make sure the firm you’re calling isn’t overstating its abilities?  One place to start is with these seven questions:

  1. Can the PR firm share a list of clients for whom it has provided crisis communications or issues management services?
  2. Can you get a list of case studies that describe, in some detail, what the firm did for clients facing a similar situation to yours?
  3. Ask for the firm’s experience with crisis situations involving social media. Today, reputations built over years can be shattered in minutes on Facebook or Twitter.
  4. Ask specifically who you’ll be working with on a day-to-day basis, their experience and examples of similar situations they’ve worked on.
  5. Ask if the firm writes crisis communication plans and what goes into those plans. Even if you don’t need a plan right now – or don’t have time to build one – you’ll learn how deeply the firm is immersed in crisis communications.
  6. Ask what kind of training the firm provides, who provides that training and the depth and breadth of their experience.
  7. And, perhaps, the most important question: What percentage of the firm’s overall work would be considered “crisis” work? If the answer is 10%, 20% – even 50% – think about whether you want communications about your crisis in the hands of a firm that does something else half the time or more.

Finally, remember: you can’t talk your way out of a crisis. Your communications need to be backed by action and commitment to follow through.

When you’re choosing a firm to be your crisis communications partner, make certain to choose one that can walk the talk – a firm that’s earned its reputation for knowing its way around a specialty very few communication firms have mastered.

© 2021 Hennes Communications. All rights reserved.
For more articles on the legal industry, visit the NLRLaw Office Management section.

Five Critical Tips for Writing Newsletters and Alerts That Get READ

During the Covid pandemic, I’ve been delighted to see how often lawyers write alerts and newsletters to inform clients and prospects of new cases and developments. Having had the opportunity to read dozens of such materials across practices and offices, I’d like to offer five top tips that could significantly increase their value, impact, and reader engagement: 

  1. Write like People magazine, not a treatise.

    Even sophisticated readers prefer a light skim to a dense slog. Use short sentences, short paragraphs, small words, colloquial language, no legalese or case citations.  Write like you’re explaining the issue to a smart middle schooler and you’ll have happier, more engaged readers.  Help them skim with informative headings, bold type, etc. This applies to all marketing communications, including blog posts, LinkedIn articles and status updates, etc.

  2. Keep it short.

    Today’s Internet readers want one page, max. Offer simple, practical advice to help them save money, stay out of trouble, or do their job better and they’ll look forward to your next alert. Consider―they don’t need official case names or citations, or the lengthy formal name of the court or district it’s in. And don’t repeat numbers in parentheses, like “three (3).”

  3. Grab them with a simple, bold headline.

    Capture their attention and imagination with a short, powerful, useful headline. Your readers are busy, and they may get 100+ emails a day and 50 other law firm alerts and newsletters.  Your alert is an interruption, the headline and Subject line must compel them to stop what they’re doing immediately and read our material. Think Buzzfeed.

  4. Get to the point.

    If you don’t grab them in the very first sentence, they won’t read the second one. Tell them what you’re writing about and why they should care. Make the first sentence so simple, clear, and informative that readers exclaim, “Hey, this looks really useful―I want to keep reading!”

  5. Provide analysis, not information.

    Don’t simply repeat or summarize what happened―tell them precisely what they should DO about it. Remember, you’re a law firm, not CNN, the Tribune, or National Law Journal. Our target clients can obtain the basic facts about a new court decision or piece of legislation more quickly and thoroughly from a major print, TV, or online news source.  We’re the legal experts, we must provide specific, clear, actionable advice. That is the value we provide.

© 2021 Fishman Marketing

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

How to Effectively Do Legal Research

Research is a vital part of just about any legal profession. Whether you’re still in law school or working at your very own practice, legal research plays an essential role in helping you make informed decisions, craft compelling arguments, and enhance your working knowledge. However, there’s no denying that research can be a daunting prospect for even the most seasoned professionals.

In years past, legal research meant navigating dusty old libraries and sifting through gargantuan law books. Now, however, the advent of technology and research-focused software has revolutionized the research process. More than ever before, it is critical to have a solid grasp of the best practices of results-driven research to make the most of every tool available.

Streamline your next case by following these tips for the most effective legal research.

Identify a clear focus for your research

Just like delivering an argument in court, successful research requires careful planning and preparation ahead of time. When you start researching a new case, be sure to decide on a single goal or objective that you hope to achieve with your research. Doing so will enable you to ensure that your study yields beneficial results.

Don’t get caught up in researching every little nuance and minor detail when you’ve just started researching. Instead, keep your main goal in mind and let it guide you as you begin analyzing and annotating cases, articles, and other materials. It may be helpful to write down a one-sentence mission statement for your research to help you keep your intentions in mind.

After you’ve clarified your objective, begin committing your case to heart. Memorize all the vital information in the case, determine its jurisdiction, and develop a firm understanding of the circumstances surrounding the memo. Understanding all this core information while maintaining a core focus can set you up for success later in the research process.

Organize your research

Once you have thoroughly acquainted yourself with your case and ironed out your goals, take steps to ensure your research process is orderly and organized.

Logging your research is among the most critical things you can do to optimize your studies. By keeping track of the sources you find and your methodology for referencing them, it will be easy for you to find the sources you need when you start writing and explain your research strategy.

You have multiple options available for logging your work. While you can manually write down your thoughts on paper, you can also take advantage of a CRM or document management system to keep track of your work in one place, digitally. Regardless of the method you use, the best research logging practices typically include recording the date, keywords, process, and required follow-ups for each source you find.

Use the right search terms

If you plan to use an online database or search engines in your research, draw on the details and goals you identified in your initial analysis to develop a handful of precise search terms and key phrases. For example, let’s say you have questions about Texas copyright law. In that case, your search query might consist of a few keywords like “copyright infringement” and “Texas law.” Using specific terms in your searches will make it easier to discover the most relevant results.

Additionally, you can narrow down your queries by using Boolean search terms. For example, if your search includes the keywords “copyright infringement” and “Texas law,” then search engines will return any results that feature either “copyright infringement” or “Texas law.” However, if you only want sources that include both keywords, then use a Boolean like AND between them to tell the search engine to return results that contain the specified keywords. Using Booleans in this way can help you quickly find the sources you’re looking for without having to wade through potentially unnecessary results.

Draw from diverse sources

When you’re conducting legal research, it’s a good rule of thumb to try and draw from many different kinds of sources. Consider referencing a blend of primary sources, such as the original case and witness testimonies, as well as secondary sources like commentaries, dictionaries, and journals as you conduct your study. In the process, you’ll assemble more comprehensive information supported by a varied assortment of authorities.

Even cases that lack the outcome you desire can provide helpful insights for your purposes. For example, a case that ended in a guilty verdict can still offer valuable examples and precedents to consider as you’re building a defense closing argument.

Additionally, finding one relevant source can naturally lead you toward many others. Let’s say you find one law review that’s filled with helpful information. The chances are that this article will provide a treasure trove of references to other similarly valuable resources. Legal databases can make this process even more accessible, as many platforms have built-in functionality that can direct users to related articles, headnotes, and other sources.

It may be tempting to limit yourself to only the most recent sources for your research. However, that should not always be your tactic. Even decades-old cases can contain crucial details or set important precedents that affect your current project – provided that they haven’t been overruled or the law hasn’t changed in the meantime, of course.

Pace yourself where you can

One unfortunate reality that every lawyer must face in their career is that legal research rarely leads to the correct answer on the first try. Research can be inherently time-consuming, and it can be easy to get sucked into an endless loop of churning through databases searching for the perfect statute, article, or case.

However, the best researchers know when to stop. As you research, remember to take a step back every so often to evaluate your progress. If you find yourself encountering the same sources time and again, or if you’ve made all the headway you can realistically accomplish given your project’s timeframe, then it may be time to take a break or move onto writing.

Takeaway

There’s no denying that legal research can be an overwhelming process. However, taking steps like these to boost your efficiency and manage your time can empower you to overcome even the most challenging research-related tasks.

© Copyright 2021 PracticePanther
For more articles on the legal industry, visit the NLRLaw Office Management section.

How Law Firms Can Invest in Employee Wellbeing Through E-Relationship Building

The COVID-19 pandemic highlighted the need for an increased focus on mental health in the legal industry. In a recent webinar from GCC Portfolio, Renee Branson, a principal at RB Consulting and Executive Director at the Sexual Assault Resource Agency, Deborah Knupp, Managing Director at GrowthPlay and Lisa Buchanan, Director of Marketing and Creative Services at GCC Portfolio discussed the importance of mental health and E-relationship building at law firms.

The coronavirus pandemic provided an opportunity to speak about mental health in a way that allowed it to be destigmatized. Many in the industry were experiencing the same feelings of anxiety and depression. As a result, the legal industry recognized mental health was something that needed to be discussed.

To address the issue of mental health in the legal industry, law firms need to understand what the biggest issues are, how to address them, and how to get support from leadership to tackle those issues.

What are the Biggest Mental Health Issues in the Legal Industry?

With many in the legal industry beginning to return to the office, Ms. Branson said she’s seen higher levels of anxiety, guilt, and ambivalence among workers. These feelings manifest in social reluctance among employees, as well as an increased need for remote work flexibilities.

“What we have experienced really is a trauma,” Ms. Branson said. “First of all, frame it for what it is.”

Ms. Knupp said there is a phenomenon called the “shadow pandemic” emerging as a long term effect of the coronavirus pandemic. This shadow pandemic encompasses feelings of mortality, neurological disorders, and other mental health consequences of the COVID-19 pandemic that are expected to last for years.

“We’re going to see a broad expanse of different things,” Ms. Branson said. “For folks who had COVID, we still don’t know the long term neurological and mental health impacts of surviving that illness.”

For those who haven’t experienced COVID-19 firsthand, what the shadow pandemic could reveal are long term feelings of trauma. Ms. Branson said that once the pandemic subsides and people begin to feel a sense of security, they then begin to process the trauma they experienced during lockdown.

“That processing can take a short amount of time, or it can take years,” Ms. Branson said. “The way to keep that from feeling really overwhelming is to not add on really high expectations to yourself and others.”

Investing in mental health education for those in the legal industry is one way to help leadership be better coaches, issue spotters and counsel for their organizations and clients. This involves staying connected with clients to keep mental health issues a top priority. To achieve this, Ms. Branson said she utilizes what she calls a resilience library with six “books” that address mental health issues.

“One of those books is Connection,” she said. “When we feel disconnected from people and feel a lack of belonging and an inability to be authentic to ourselves, whatever burden we’re carrying feels twice as heavy. If they have a connection with someone that they can rely on, it helps ease [that burden].”

The law firms that are the most successful in addressing mental health issues are those that listen and adapt. Even though the coronavirus pandemic was a huge disruption, it also gave law firms the opportunity to adapt and examine their processes in order to better accommodate their employees’ needs.

“It’s really challenging right now because we do have this great ability to connect but also Zoom fatigue is real. We have to find new and different ways to stay connected…[especially] with small groups of folks, whether that’s done virtually or in person,” Ms. Branson said. “It’s about listening and being able to respond when you can.”

How Law Firms Can Connect Through E-Relationship Building

To tackle the issue of mental health during the pandemic, law firms need to be creative and innovative in the ways they reach out to employees. E-relationship building includes team-based activities, events, and communications. Ms. Buchanan said that one of the biggest changes GCC saw in the past year was law firms showing appreciation to their employees by acknowledging their hard work during challenging times.

With many feeling Zoom burnout, electronic and virtual communications are one way law firms are engaging with their employees and showing appreciation. These communications can be as simple as sending individual messages letting employees know they’re appreciated.

“It can be so impactful for a firm to say ‘thank you’ because we’re all having a rough time,” Ms. Buchanan said. “Little things can be so impactful… and make a huge difference in somebody’s life.”

Ms. Buchanan said the pandemic affected the way firms think in terms of focusing on small gestures instead of bigger initiatives. Investing in ways to give employees appreciation shows that the firm is focused on their wellbeing.

“I’m just blown away by the fact that our firms are so forward in being part of [mental health],” she said. “The law industry seems to be taking it and moving forward.”

How to Start Mental Health Initiatives at Law Firms

Even if employee mental health and wellbeing is top of mind for law firms, it can be a challenge to get leadership on board. One way to stress the importance of mental health initiatives is to highlight the impact poor mental health can have on productivity.

“Either spend a certain amount of time addressing feelings and mental health, or we’re going to spend a lot of time [addressing] inefficiencies and lack of productivity,” Ms. Branson said, quoting author and researcher Brené Brown. “These things really do have bottom line impacts.”

Ignoring mental health issues impacts both client relationships and a law firm’s finances. To deal with issues of decreased productivity, firms should focus on innovative ways to communicate with employees. Ms. Buchanan said firms who used GCC for holiday cards get input back from employees.

“Letting the firms be creative in the way that they want to portray who they are is the first thing,” Ms. Buchanan said. “It’s also a connection and letting their clients and people know ‘we see you.’ Just little touch points are really important.”

What Can Law Firms Do to Focus on Mental Health Moving Forward?

The coronavirus pandemic offered an opportunity for law firms to put an increased focus on mental health. Acknowledgement, education, acceptance, and understanding of mental health issues validates those who are struggling, and helps remove the stigma. By acknowledging mental health, firms will help improve their bottom line while also investing in their employees’ wellbeing.

“It starts at the top,” Ms. Buchanan said. “If you’ve got a leader in the firm that gets [mental health], you’ve got so many options.”

For law firms looking to prioritize their employees’ mental health, focusing on E-relationship building is a good place to start. With many firms still working remotely, Ms. Knupp emphasized that there hasn’t been a better time to reach out to employees and start an initiative.

“This is the time to let people know that you see them,” she said. “No matter what you do, be a kind human to humankind.”

Watch the full webinar here: GCC Presents Mental Health & E-Relationship Building

Copyright ©2021 National Law Forum, LLC
ARTICLE BY Rachel Popa of The National Law Review / The National Law Forum LLC
For more articles on the legal industry, visit the NLR Law Office Management section.

Tips to Determine Your Law Firm’s Contingency Fee

In the legal world, there are a lot of outlying factors to consider when setting up a new law firm or maximizing an existing one. And one of those factors is determining whether or not your firm needs a contingency fee, and, if so, how much that contingency fee should be.

What are contingency fees?

Law firm contingency fees are rates that a client agrees to pay after a lawyer successfully wins the case. Typically, these fees are agreed upon for cases involving money claims, such as workers’ compensation or personal injury. If the lawyer wins the case, they’re given a certain percentage of the money claimed. If not, then neither the lawyer nor the client receives any money. While in the latter situation, the client doesn’t have to pay the lawyer for working on the case, there are still court filing fees and other costs that occur, no matter if the lawyer wins or loses.

Lawyers who use contingency fees—also referred to as “no win, no fee” lawyers—can exist in almost any specialty area. However, contingency can only be used in civil litigation, not criminal justice. While the percentage of the fee varies by lawyer, typically contingency fees are 33 ⅓ percent of the case if a lawsuit is not filed and 40% if a lawsuit is filed.

5 Tips to establish contingency fees

Now that the basics of law firm contingency fees are covered, it’s time to go over the five best tips for determining your law firm’s contingency.

#1 Ask your network

Unfortunately, there are no hard and fast rules on contingency fee percentages in the legal industry. Books and statutes will give a lot of vague information but no straight answers on what’s reasonable for you and your clients. Because of this, it’s helpful to reach out to your colleagues and mentors for advice.

Sure, it can be a little awkward and uncomfortable to ask your peers what their contingency fee percentages are, but it’s one of the few ways to collect accurate data about rates in your area. And if it’s people you’ve worked with for some time, they most likely won’t mind the question. Just be polite, professional, and make sure they know that they only have to answer if they’re comfortable revealing that information.

#2 Discover your state’s rules

Once you’ve gathered examples from your colleagues on their contingency fee percentages, it’s important to verify that information against your state’s rules. This might seem obvious, but many lawyers fail to do so then have to pay for it later. And as an attorney, you know that rules change all the time.

So before you set your own contingency fee, spend some time getting to know the rules and regulations within the state you’re practicing. Be sure to make a note somewhere in your calendar to do an annual check in to see if those rules have changed to avoid falling into any unnecessary ethical traps.

#3 Weigh all the factors

You would think that having your colleagues’ data and your state rules would be enough to determine a reasonable percentage, but they might not.

Every state has a complex set of factors used to determine the reasonableness of client costs in addition to a set of rules about the fee. Get comfortable with these factors and weigh the average percentage from your colleagues against them. Spending some time scrutinizing now will save you a lot of headaches down the road.

#4 Get familiar with other types of contingency fees

That’s right—there’s more than just the standard type of contingency fee. Lawyers also have to consider using reverse contingency fees and hybrid fee arrangements.

In reverse contingency fees, lawyers are given a percentage based on how much money they saved the client rather than how much money the client was rewarded. For example, if you’re representing a client who is being sued for $1 million, but you negotiated the settlement down to $100,000, then you would be given a percentage of the $900,000 you saved the client.

Reverse contingency fees get tricky because someone can sue for an outrageous amount of cash that is unlikely to be paid in full. So a lawyer may have just negotiated down to a more reasonable rate, not really “saving” any money at all. However, because of the problems that can arise with these cases, they are very uncommon.

Hybrid fee arrangements, on the other hand, are a little more common. They include both a fee that’s based on the lawyer winning the case and the lawyer’s fixed, hourly rate. These arrangements must also hold up to the state’s requirements regarding contingency fees, but the fees are more of a bonus rather than the lawyer’s entire paycheck.

#5 Secure informed consent from clients

No matter how brilliant a lawyer you are and how hard you work to win your clients’ cases, you always run the risk of a client refusing to pay the agreed-upon contingency fee. They can then complain to the state bar. When you’ve done your homework and crafted a reasonable fee, this is unfair. But it happens, and it helps to be prepared for it.

It’s imperative to get informed consent from your client that explains the risk of the case, the likelihood of securing a victory, and the monetary amount that you could be taking home if the case is won. A good statement to use in your Informed Consent Agreement is the following: “the fee is not set by law but is negotiable between attorney and client.” A written and signed agreement protects both you and your client from any surprises at the end of the trial.

Takeaway

As confusing as they are to navigate and understand, contingency fees are standard practice in most law firms. They not only provide a great incentive for lawyers to win cases, but they also give an avenue for those who can’t afford legal help to have it.

© Copyright 2021 PracticePanther
ARTICLE BY Kamron Sanders of PracticePanther
For more articles on the legal industry, visit the NLRLaw Office Management section.

Top Legal Industry News for June 2021: Law Firm Hires, Pro-Bono, & Innovation

Summer is upon us and we’re back with another edition of the National Law Review’s legal industry news column. This week, we cover the latest law firm hiring, pro bono, and legal award recognition news. Read on for the latest updates:

Law Firm Hires & Moves

The Young Lawyers’ Section (YLS) of the Chicago Bar Association named Clifford Law Offices’ Tracy Brammeier as its next chair as well as an executive council at the YLS Annual Meeting held June 2, 2021.

Ms. Brammeier’s practice focuses on aviation, transportation, premises, and construction liability in addition to other areas of personal injury and wrongful death litigation. She also participated in the YLS Wills for Heroes project.

“For the last year, we have all worked to stay in touch with clients and colleagues, trying to adapt as we lost access to in-person meetings, hearings, and events,” said Ms. Brammeier. “As we figure out our ‘new normal’ in a post-COVID world, the YLS is more essential to its members than ever before by providing a consistent space for legal education and social engagement to sustain the community environment that is so important to our professional success and personal fulfillment.”

Steven M. Regan joined Steptoe & Johnson’s Business Department in its Pittsburgh office. Mr. Regan’s practice focuses on real estate, real estate development, and corporate transactions. Mr. Regan represents real estate investors in structuring real estate investments and executing acquisition and financing of projects in all asset classes.

“I am excited to welcome Steve to Steptoe & Johnson PLLC. He will be an asset to both our real estate and transactional teams,” said firm CEO Christopher L. Slaughter. “Veteran attorneys like Steve who know how to get positive results and build lasting relationships are a crucial part of our long-term effort to expand services to new and existing clients in the Pittsburgh market.”

Norris McLaughlin law firm hired new attorneys to join the Pennsylvania office’s litigation practice, as well as the addition of one summer associate. The new hires include:

  • Thomas H. Dinkelacker concentrates on municipal, land use, and real estate law and represents clients before zoning hearing boards, code appeal boards, governing bodies, and various Pennsylvania Courts.
  • Rebecca J. Grausam-Charamella focuses on complex litigation matters and represents a multitude of clients at jury trials, hearings, mediations, and arbitrations. She also served as a trial attorney for State Farm Insurance Company for eight years.
  • Andrew J. Shaw concentrates his practice on commercial litigation, and has a wide range of experience through all phases of litigation in both state and federal courts.
  • William R. Murphy III defends individuals involved in civil litigation for general liability matters. He also represents insurance carriers, and he has experience in insurance fraud and automobile accidents.
  • Rocco Beltrami will temporarily join as a summer associate to assist the attorneys while he is in law school at Villanova Charles Widger School of Law.

“We are excited to be growing in a way where we are continuously adding exceptional talent to our roster of great attorneys here at Norris McLaughlin,” said the Honorable Emil Giordano (Ret.), a member of the firm and co-chair of its Litigation Practice Group.

Manatt, Phelps and Phillips, LLP law firm announced the addition of Naeun Rim to their Los Angeles firm as a litigation partner. Ms. Rim represents clients at the intersection of civil litigation and white-collar defense matters across the health care, financial services, entertainment and technology industries.

Ms. Rim is also one of a few Asian American women to serve as trial counsel for a Fortune 150 company in one of California’s biggest environmental trials.

“Naeun will be a strong asset to what our clients view as a well-established litigation powerhouse,” Donna L. Wilson, Manatt’s CEO and managing partner said in the announcement.

Democracy Forward named lawyer Skye Perryman as its new President and Chief Executive Officer.  Ms. Perryman is a founding litigator of the organization. As president and CEO, Ms. Perryman will focus on confronting unlawful threats to democracy and social progress. She succeeds Anne Harkavy, the organization’s founding executive director.

“As we continue to see the basic values of our democracy under attack, Skye Perryman is the right leader at the right time for Democracy Forward,” said Marc Elias, head of the Political Law practice at Perkins Coie and chair of the board of Democracy Forward. “She is a successful litigator, effective strategist, and a coalition builder who is committed to taking on critical fights to advance social progress and democratic values. We are all thrilled to welcome Skye back to Democracy Forward to lead its next phase at a time when the stakes for our nation’s future could not be higher.”

Ms. Perryman most recently served as Chief Legal Officer and General Counsel of the American College of Obstetricians and Gynecologists, where she worked to enhance access and equity in women’s health care.

“We must use all tools at our disposal to fight for the promise of democracy at this crucial moment. It is an honor to be rejoining the team at Democracy Forward as we expand the scope and reach of our work.” said Ms. Perryman.

Law Firm Philanthropy and Pro Bono

Jackson Lewis P.C. partnered with The Association of Corporate Counsel’s Employment and Labor Law Network (ACC) to develop “RACE Talks: Realign Act Change Engage,”  a racial equity program that focuses on individual transformation and change to create a more racially just workplace and society. The RACE Talks program highlighted specific actions to advance social justice in society, and included podcasts, videos and articles.

Jackson Lewis’ Samia M. Kirmani led workplace bias sessions and facilitated live discussions with Michael D. Thomas and Tanya A. Bovée. Weldon H. Latham also added to the discussions.

“We were thrilled that ACC asked Jackson Lewis to create a program designed to advance racial justice,” said Ms. Bovée. “2020 was a racial awakening for many, and this was the perfect opportunity to focus on how individuals can transform and bring about positive change. We created this program with the goal that participants would step outside of their comfort zone, disrupt their own status quo, and think differently about race and the concept of bias.”

North Carolina’s Pro Bono Resource Center inducted four Ward and Smith law firm attorneys into the 2020 North Carolina Pro Bono Honor Society. Despite the challenges 2020 brought, Mary Cavanaugh, Chris Edwards, Paul Fanning and Lance Martin participated in a wide range of pro bono activities across the state.

“Many North Carolina attorneys recognized the needs brought about by COVID-19 and provided pro bono legal services to help ensure that ‘justice shall be administered without favor, denial, or delay,’ as is mandated by our state’s Constitution,” said North Carolina Supreme Court Chief Justice Paul Newby in the announcement.

Frost Brown Todd (FBT) is celebrating Juneteenth this year by providing the entirety of the ParentPreneur Foundation’s $10,000 Father’s Day grant awards, where ten dads of color will receive $1,000 a piece for their start-up businesses.

The ParentPreneur Foundation provides opportunities for black entrepreneurs who are in the start-up business to get a leg up and get started and strives to empower these parents to leave a good legacy for their children.

“The world of start-ups is a challenge no matter who you are, but that is especially true of Black entrepreneurs,” said Terrence Reeves, chair of FBT’s Venture Capital industry team. “Funding this grant is another example of how Frost Brown Todd’s venture capital services go beyond just providing legal support. Being part of this project at a time when the U.S. is celebrating Juneteenth makes it all that more special. We look forward to seeing the impact this grant program will make on the lives and livelihoods of the recipients.”

Legal Industry Awards & Recognition

The Globe and Mail named McCarthy Tétrault as a recipient of its first Report on Business Top 25 Best B2B Brands award. McCarthy Tétrault earned the top honor in the legal category out of 11 law firms.

The Best B2B Brands is a new research initiative from the Globe and Mail’s Report on Business Magazine with Ipsos. The list is based on 42 different evaluations related to culture, innovation and other initiatives from 406 Canadian executives who were surveyed in January and February of this year.

“This acknowledgement is a true testament to our firm’s core values of investing in our people, our clients and our communities,” said Dave Leonard, CEO at McCarthy Tétrault. “Our top priority has always been our clients’ sustained success, and we recognize that the best way to achieve this is to support a collaborative, inclusive and innovative culture that evolves with the pace of business.”

For the third year in a row, the Legal 500 United States 2021 ranked MoginRubin in the category of Antitrust and Civil Litigation/Class Actions: Plaintiff. The Legal 500 ranks practice areas nationally instead of by state.

The Legal 500 recognized the following MoginRubin attorneys:

Greenberg Traurig law firm received the Morgan Stanley Leadership in Excellence in Inclusion and Diversity award.  Bradford D. Kaufman, Greenberg Traurig co-president and the global chairman of Professional Development and Integration, accepted the award on behalf of the firm.

Greenberg Traurig invested $5 million over five years to address systemic racism and launched a Justice Action Initiative to target pro bono work in the areas of economic, social, and racial justice. The firm also joined in creating the Law Firm Anti-Racism Alliance.

“No company operates without the support of clients or customers. Leadership involves service and most professionals feel they have a responsibility to give back. Moving a diversity initiative from paper to impact takes intention,” Mr. Kaufman said. “I have had the privilege to represent Morgan Stanley during the past 35 years and therefore know the depth of its commitment to inclusion and diversity and it is truly inspirational.”

Chambers USA recognized Bracewell law firm in its 2021 rankings, giving the firm a Nationwide Band 1 ranking in Oil & Gas (Regulatory & Litigation) for the seventh consecutive year. Bracewell also ranked as a Band 1 firm in the Texas: Environment category for the fifth consecutive year.

Overall, Bracewell ranked with 89 other firms for excellence in representing clients in the real estate, technology, energy and infrastructure sectors. Additionally, Chambers ranked 50 percent of Bracewell’s partners as leaders in their practice areas.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.

Demystifying Marketing for Your New Law Firm

You’re not a marketer— you’re a lawyer. But any seasoned attorney knows that you need to get your new law firm’s marketing strategy in order if you hope to catapult your business to success. The problem is, you probably have no idea where to start.

There are many different marketing strategies out there. You might not know which ones are most important, or how to go about implementing a marketing plan that makes sense for your firm. In any case, you will need to figure out which strategies work best for your firm if you want to beat out the competition and become the go-to attorney in your area.

Why You Need to Market Your Law Firm

Whether you are a brand new law firm or have an existing practice, it is important that you get started on your marketing plan. There are many different elements that go into marketing a business. You need to choose how you will be identified in advertising and online, connect with other lawyers online, choose your branding logo and colors, purchase business cards, and engage in other efforts to get your name out there.

There are two primary ways budding law firms become successful— they build or engage in strong referral programs, and they become well-known within the community. Back in the late nineties through the early 2000s, you might have been able to purchase a billboard ad or create a commercial to get business in the door.

However, in today’s society, you have to market yourself online as well. But before you get ahead of yourself, first you need to figure out what marketing must-haves you will need the first day that your new law firm opens for business.

New Law Firm Marketing Must-Haves

Before you can open up the doors to your new law firm, there are several marketing materials you will need to have established and on-hand. Some of these are physical materials while others are various virtual tools. Both are equally as important at this stage of your business.

You will also need to begin at this stage of your marketing strategy if you are an established firm that is rebranding yourself. This often happens when existing law firms take on new managing partners, or simply have decided to go another direction in their branding.

No one said marketing your law firm was going to be easy. And you can also expect it to be time-consuming. But your efforts shouldn’t go unnoticed if you plan your marketing strategy out correctly.

Traditional Law Firm Marketing Materials

First and foremost you should begin your marketing efforts on your branding. Choose colors, what you want your firm to go by, and your brand logo. You want to be thinking about how you want your potential clients to perceive you as their lawyer when designing these elements.

From there, you can draw up and print your business cards. Once these are ready you can begin your new law firm’s networking efforts.

The new generation of lawyers who are anxious to get their practice up and running might be less interested in traditional law firm marketing materials such as postcards, newsletters, and other tangibles. But these tried and true methods of marketing are essential for your business.

A key component to marketing in 2021 is your Internet presence. You need more than just a good website. You need to set up your legal services description and professional biography, your website content, your law firm email address, and your professional email signature block.

You should also start to think about setting up your new law firm’s social media profiles including LinkedIn. Remember: referrals are one of the best ways for new law firms to get clients. And the only way to get referrals is by making connections— both in-person and online.

You may want to consider sending out formal announcements to colleagues and others who may be in your network that your law firm is officially open and accepting clients. Sending tangible cards and virtual announcements can both help gain exposure for your new law firm.

Search Engine Optimization for Law Firms

Your law firm is not likely to be successful if you do not have a strong online web presence. When potential clients are looking for a lawyer, they aren’t going to wait until they happen to see a billboard or commercial for a lawyer. They are going to open up their web browser and search Google for the “best (practice area) lawyer near me”.

You want your new law firm to show up in one of those top displayed search results because these are the only ones most internet users will click on. This is where search engine optimization (SEO) matters.

The legal industry is one of the most competitive online. You will be going up against established law firms that likely have teams of digital marketers working to boost their sites in the rankings. Your law firm may be new, but you cannot afford to not implement an SEO strategy for your site before or shortly after you open for business.

Marketing Tools You Need That Can Wait

Once your law firm opens, your marketing efforts shouldn’t stop there. You will need to continue to fine-tune and implement additional marketing measures to help your new law firm succeed.

Once you have your bearings and are ready to expand your marketing efforts, you can strategize further. Do you want to become involved in community organizations? Join bar associations? set up regular email campaigns? Maybe you want to send client retention gifts or order swag items and set up giveaways. Perhaps your focus is on giving back to your community.

No matter what your vision is for your law firm, you will need to continue to reimagine your marketing strategy over time. Even five years is too long to go without revitalizing your law firm’s marketing efforts. Your law firm should always be keeping up with marketing trends. This will help your firm stay ahead of the competition and point today’s clients to you and your law firm for the help they need.

© 2021 Denver Legal Marketing LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.