Category: Legal Marketing

Farm Lending Pitfalls For Urban Lawyers

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

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

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

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

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

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

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

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

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP
For more articles on the agriculture industry, visit the NLR  Environmental, Energy & Resources

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

Introduction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Copyright ©2020 National Law Forum, LLC

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more articles on the legal industry, visit the NLR Criminal Law / Business Crimes section.

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

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

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

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

Benefits of Paid Social Media Advertising for Law Firms

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

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

How to Get Started with Paid Social Media Advertising

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

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

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

How to Use the LinkedIn Account Targeting Tool

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

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

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

Best Practices for Facebook Lookalike Audiences

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

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

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

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

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

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

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

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

Copyright ©2020 National Law Forum, LLC
ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more articles on social media advertising, visit the NLR Law Office Management section.

6 Tips for the Lawyer Working from Home

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

Create a Dedicated WorkSpace

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

Implement a Work from Home Morning Routine 

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

Invest in Software and Essential Tools

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

Implement Online Payments 

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

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

Communicate with Clients

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

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

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

Take Breaks

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

This article was written by Kamron Sanders.

© Copyright 2020 PracticePanther

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

Law Firm SEO: Top Search Engine Optimization Strategies for Lawyers

For most people, Google is their go-to search tool for finding legal services. Being the largest search engine online today, Google is a significant source of leads for law firms and practicing attorneys.

But ranking high in the Google search results is not always an easy feat. You need Search Engine Optimization to improve your law firm website, increase your rankings, and attract new leads in droves.

The good news is that SEO for attorneys is made simple with the right strategies.

In this comprehensive SEO for lawyers guide, you’ll learn:

  • What search engine optimization is (and why it matters)
  • The fundamentals of law firm SEO
  • On-site SEO tips for lawyers
  • How to conduct SEO keyword research
  • How to write legal content for your blog
  • The essentials of local SEO for law firms
  • Top link building tactics for law firms

Want to improve your Google rankings and drive more clients to your website? Let’s dive in.

What is Search Engine Optimization?

Search Engine Optimization (SEO) is a type of digital marketing that works to help businesses and websites attract more visitors from search engines like Google, Bing, and Yahoo. Specifically, law firm SEO is the practice of using data-driven tactics to attract more prospective clients online.

Prospective clients turn to search engines (namely, Google) to search for legal services, find a lawyer in their area, read law firm reviews, and compare their options. Law firm SEO helps lawyers stand out online, making them the obvious choice ahead of their competitors.

Why is Law Firm SEO Important?

SEO is a powerful marketing tool in helping law firms attract more clients online. Not only can SEO help your law firm rank higher in the search results, but it can increase website engagement and generate more leads for your business.

Ranking at the top of search doesn’t happen overnight, and it usually doesn’t happen without some intervention on your part to improve your site’s SEO. That’s why it’s important to invest in SEO strategies early on to increase your chances of ranking above your local competitors.

Benefits of SEO for Lawyers

There are a variety of benefits that come from using search engine optimization on your website. These benefits can include:

  • Attracting more users to your law firm’s website
  • Increasing your visibility in local search
  • Generating more positive reviews for your business
  • Increasing engagement on your website
  • Converting website visitors into potential clients
  • Attracting high-quality backlinks to your site
  • Ranking above your competitors
  • Tapping into new service areas and markets
  • Creating a holistic content strategy to reach more users

The benefits of SEO don’t stop there. If you want to attract more clients to your law firm on a consistent basis – and improve your digital marketing overall – it’s worth it to get started with SEO.

Does My Law Firm Need a Website for SEO?

The legal industry is highly competitive, which means law firms need to do everything they can to stay ahead of the competition. While it’s possible to attract clients without a website, it’s highly recommended that you have one in order to get the most out of SEO.

Having a website gives you a platform to optimize your business for Google search and provides a medium through which potential clients can contact you. It also gives you a place where you can publish content, post client testimonials, and provide clients with information about your firm.

Having an attractive, search engine optimized website can make a huge difference when it comes to getting your law firm noticed online.

The Fundamentals of Law Firm SEO

There are essentially four essentials that are required for a successful SEO strategy. These include:

  1. Technical SEO
  2. Content
  3. Link Building
  4. Local SEO

Technical SEO

Technical SEO involves the technical optimization of your website, including the site structure, navigation, load speed, and link structure. Without a fast, functional, and user-friendly website, no amount of content or backlinks will be enough to maximize your rankings.

To have a technically-sound website, your site must:

  • Be optimize for mobile devices (smartphones and tablets)
  • Be indexable by search engines (by having an optimized sitemap)
  • Be secure; having an updated SSL certificate
  • Avoid broken links and 404 pages
  • Be easy to navigate
  • Have a fast load time (under 3 seconds)

Technical SEO is arguably the most complex part of SEO, as it requires some knowledge of website management and development. When optimizing your law firm website, it may be best to work with a technical SEO expert and/or web developer the handle the technical optimization of your site.

Content Marketing

In the SEO world, content is king. It’s virtually impossible to have an informative, user-friendly website without content. With that in mind, your law firm website should have web pages and blog articles that contain valuable content that’s both written for your target audience and optimized for search engines.

Link Building

Backlinks occur when another website or online platform links to your website. When reputable, authoritative websites link to your site, this can boost your own site’s authority. This is a plus in the eyes of Google, as Google’s algorithm strives to show high-authority sites to users.

Link building is the practice of driving links to your website, through a variety of methods.

The key thing to keep in mind is that you should be working to earn high-quality links, not just a massive volume of links. It’s best to earn these links organically or through outreach rather than through buying links from a vendor.

Local SEO

Local SEO is a type of SEO that’s unique to local businesses. This is because local businesses serve specific geographical areas and, therefore, their potential customers are often using geo-specific terms to find services in their area.

For example, someone is more likely to search for “family lawyer in Seattle” than simply “lawyer” or “attorney”, because they know they need a lawyer in their area. So, law firms then need to use these localized terms in their content, as well as build out their local online listings (such as on Google My Business, Bing Places, and the like).

Google Ranking Factors for Law Firm Websites

The top Google ranking factors are essentially the same for law firms as they are for any other type of business, aside from local SEO. “Ranking factors” are essentially the elements Google’s algorithm looks for when determining whether (and how) it should rank a website.

Your goal as a law firm business owner is to try and tick off all of these boxes. If your site includes all of these top ranking factors, you’re well on your way to having an optimized site that ranks above your competitors.

These top ranking factors for Google include:

  1. Having a secure and accessible website
  2. Passing Google’s Page Speed and Mobile Page Speed tests
  3. Being optimized for mobile devices
  4. Your website’s domain age and authority
  5. Having optimized web content
  6. Tackling your technical SEO
  7. Optimizing for User Experience (UX)
  8. Having high-quality backlinks

How to Conduct Keyword Research for Law Firms

Before you can start optimizing your site for certain search terms, you need to figure out what those terms should be. Keyword research involves identifying what key terms your potential clients are searching for when looking for businesses like yours.

Many lawyers assume that their target audience is searching for keywords like “lawyer” or “law firm”, but this is not necessarily the case. You need to conduct thorough, data-driven keyword research to find the right terms, as well as uncover their search volume and competition level.

1. Use SEO keyword tools

Lawyers can use SEO keyword research tools like Ahrefs.com or SEMRush.com to find keywords. These tools not only show you how much search volume a keyword gets, but also how difficult it will be to compete for it.

Use these tools to research your own initial keyword ideas, find related keywords, and spy on your competitors’ keyword strategies. Knowledge is power, and having the best data on your side will only help your SEO strategy become stronger.

2. Brainstorm searchable key terms.

Sometimes it’s best to simply start with a brain dump of keyword ideas that might apply to your website. Consider:

  • The types of services you offer
  • How you would describe your business in a few words
  • The types of clients you work with
  • The results you’ve generated for clients
  • What your competitors are targeting
  • Your service area(s)
  • The questions your potential clients are likely asking

For example, a personal injury attorney in Los Angeles is likely to think up search terms like:

  • LA personal injury attorney
  • LA personal injury lawyer
  • Personal injury lawyer LA
  • Personal injury law LA
  • Los angeles pi lawyer
  • Who to call after an accident
  • Car accident lawyer LA
  • Personal injury law services
  • What does a pi lawyer do

The above terms are all potential keywords you could search for using your chosen keyword research tool. Over time, you’re likely to add to this list by discovering related terms and other keywords you’d like to target on your website.

3. Consider localized keywords.

In the previous example, you saw some keyword options that included localized terms like “LA” and “Los Angeles”. If you are a law firm that targets specific service areas, then you will want to identify localized terms as well.

See if you can find key terms for each of the areas you serve. Look for variations of these localized terms, such as “LA”, “Los Angeles”, and “Los Angeles, CA”. It’s best to target these terms so your law firm is able to compete locally versus at a more competitive, national level.

4. Identify related keywords.

Once you search for the key terms in your chosen SEO keyword research tool, you can use the tool to find “Related Keywords”. This is a great way to find terms you might not have thought of before. If they seem like a good fit for your site, add them to your list.

5. Scope out your competitors’ keywords.

Finally, you can use those same SEO tools to search your competitors’ domains and see which keywords they are targeting. You are likely to find some interesting phrases you might want to target on your own site. These terms can then be applied to new web pages or blog articles.

On-Site SEO Tips for Lawyers

On-site (or “on-page”) SEO involves optimization that occurs on your website (as opposed to optimizing your other online profiles or building backlinks). On-site SEO is important because your website serves as essentially the foundation of your entire SEO strategy.

Fortunately, on-page SEO tends to be the most accessible form of SEO and therefore the easiest for lawyers to implement on their own.

Here are a few tips for optimizing your website:

  • Use your focus keyword in the title tag of your page. Your title meta tag is one of the strongest signals that search engines look out for.
  • Include your keyword(s) in the meta description of your page or post. This description should accurately (and concisely) explain what the content is about.
  • Include your keyword in your H1 tag. This is the “title” that appears when you visit the web page or blog post.
  • Use keywords throughout your page copy. In writing a web page or article, your content should thoroughly cover the topic and naturally include your target keyword, as well as related keywords.
  • Optimize your page/post length. Look at the top-ranking pages or articles for your target keyword and try to write content that’s around the same length. Ideally, your content should provide more value than what’s already ranking.
  • Avoid duplicate content. The content on your web pages should be original, and you should avoid using the same content across multiple pages.
  • Optimize your images by reducing the file size, including a descriptive file name, and adding optimized (descriptive) image alt text. Only use original images or graphics, or royalty-free images, to avoid copyright issues.
  • Fix broken links by setting up 301 redirects. Avoid changing the URLs of your pages or posts unless absolutely necessary. Have a user-friendly 404 page that directs users to other pages of your site if they encounter a broken link.
  • Add internal links within your content to other pages and posts on your site. This helps users find the information they’re looking for and keeps them on your site for longer.

How to Write Legal Content for Your Blog

Your law firm website should contain optimized web pages that describe your services, but you should also have blog articles that draw in potential clients. Beyond your Home, About, Contact, and service pages, blog articles work to attract a wider audience and provide value to users.

This is where you can get a bit more creative with your content ideas. Brainstorm some topics and then use keyword research tools to determine whether any of these terms have search volume. Then you can turn them into blog posts.

For example, some interesting legal blog post ideas include:

  • “X Things to Look for When Hiring a Y Lawyer”
  • “X Things to Do Before Filing for Divorce”
  • “X Steps to Filing a Personal Injury Claim”
  • “What to Do if You Get Injured on the Job”
  • “X Steps to Settling a Child Custody Dispute”
  • “Complete Guide to X Law for [Audience]”
  • “What You Need to Know About [State]’s New X Law”
  • “Need a X Lawyer? Here’s How to Choose the Best One for You”

Once you have a topic in mind – and have confirmed that there is search volume for this topic – you can write an informative blog post. Then, follow on-site SEO best practices to ensure your post is optimized for search engines. Again, this includes:

  • Using the focus keyword in the title tag
  • Writing an optimized meta description
  • Using your target keyword(s) throughout the content
  • Adding descriptive H2 headings
  • Adding internal links
  • Including original, optimized images

Local SEO Essentials for Law Firms

As a local service business, your law firm needs local SEO in order to rank high in local search. This not only involves using localized keywords on your website, but also optimizing your local online listings.

Google My Business

Google My Business (GMB) is a free platform that allows businesses to create online profiles to drive traffic and attract customers/clients. You can claim an existing listing or create a new one. Best practices for optimizing your GMB listing are to include your business name, address, phone number, hours, and website link, add images to your profile, and generate positive client reviews.

Online Directories

There are a variety of reputable online directories that allow law firms to post their business information. This is a good way to generate traffic, attract clients, and, sometimes, earn a backlink. Some of the top legal directories include Avvo, FindLaw, BBB, eLocal, Superpages, Yellow Pages, Bing Places, and Yelp.

Localized Content

While it can be difficult to find localized keywords that relate to the services you offer, it’s still worth it to try and create localized content for your niche. This might include topics like “Best Lawyers in [ Area ]” or even something more broad like “X Businesses That Are Serving the Community in [ Area ]”.

You should use your geo-specific keywords throughout your content and be on the lookout for more localized keyword opportunities. This would be a good time to scope out what your competitors are doing and see if you can tackle any of these topics on your own site.

Link Building Strategies for Law Firms

The last “essential” of law firm SEO is link building, which involves earning links back to your website. There are many organic methods you can use, but this can be quite a competitive endeavor, especially in the legal niche.

Some of the most common law firm link building strategies include:

  • Creating linkable assets (blog articles, guides, ebook, etc.) that sites will link to organically
  • Conducting outreach to niche websites to earn links directly
  • Guest posting on other websites in exchange for links
  • Posting your business information to online directories
  • Creating white papers, case studies, and “ultimate guides” you can circulate to other platforms

Link building can get a bit tedious, but it is worth it when it comes to the authority you can earn for your site. Need more ideas? Check out this post on 8 link building ideas for law firms.

Law Firm SEO Made Simple

Law firm SEO can seem complicated, especially if you’re new to this type of digital marketing. But with the right strategies, you can start taking steps today to improve your SEO over time. SEO is a marathon, not a sprint, and now’s the best time to get started to set your site up for long-term growth.

By implementing on-page SEO, technical SEO, content marketing, local SEO, and link building, you’ll be well on your way to having an optimized law firm website. Over time, you’ll increase your Google rankings, generate more traffic, and, hopefully, attract more clients to your firm.

Copyright 2020 © Hennessey Digital

ARTICLE BY Jason Hennessey of Hennessey Digital
For more articles on law firm SEO, visit the NLR Law Office Management section.

How Law Firms Are Supporting Women Lawyers in The Pandemic

This year’s celebration of Women’s History Month is especially appropriate because it comes during the one-year anniversary of the COVID-19 shutdown. Working women have felt a tremendous amount of pressure in juggling demanding careers with the unprecedented challenges of the pandemic, especially closed childcare facilities and schools and eldercare.

The American Bar Association conducted a survey to understand the impact of the pandemic on the legal profession, particularly on women and diverse lawyers. It uncovered concerning data that all law firm leaders must consider going forward: Just as client demand for diversity is hitting an all-time high, the pandemic may force women to leave the workforce.

“The findings may forecast an exodus from the profession at a time when clients are demanding diverse talent,” noted Roberta Liebenberg of the Red Bee Group, which designed and managed the survey. The ABA presented findings of the survey, conducted in fall 2020, on February 17 at its virtual 2021 midyear meeting.

Since COVID-19 began, women have been exiting the workforce at higher rates than men, according to the Bureau of Labor Statistics.

These reports suggest that even greater challenges lie ahead for women lawyers as our country and our businesses begin to emerge from the pandemic.

Jaffe spoke with several law firms around the country about the impact of the pandemic on women lawyers and how their women’s programs have been helpful over the past year.

Women’s Initiatives and Pandemic Support

One positive and effective way that many law firms support their women lawyers is through women’s initiative programs or groups, which offer opportunities for women at any stage of their careers to connect, mentor and educate each other.

Women of Moore & Van Allen (WoMVA) chair Meredith Reedy said that the pandemic, while affecting working parents overall at the firm, has had an especially strong impact on working mothers. “Whether juggling work and young children or aging parents, women tend to take the brunt, intentional or not,” she said.

WoMVA brings together female professionals at the firm for mentoring, networking and career development opportunities. The group is devoted to promoting the interests and progress of women lawyers and non-legal professionals, including through efforts to promote women to leadership positions in the firm and the community.

She credits the firm for being flexible over the past year, but points to a common flaw she has noticed affecting all women lawyers. “We need to be better at creating boundaries between home and work. Work is always there,” Reedy said.

Melissa Ebel, co-chair of the professional development initiative Women of Eastman & Smith (WES) at the law firm Eastman & Smith Ltd., said the pandemic was a huge adjustment for attorneys who found themselves providing legal services while caring for young children, facilitating remote education for school-aged children or both.

Ebel, a mother to three children under age 5, needed a leave of absence to care for them. “The firm was fantastic,” she said. “My partners assisted in serving our clients; once my children’s childcare re-opened, I was able to gradually, and relatively seamlessly, return to my practice.”

WES, whose members are also members of the firm’s management team, took an important step toward advancing awareness of gender equality and equity issues within the firm last year, when the firm adopted a 12-week paid parental leave policy for all employees, regardless of gender, who need time to care for the birth, adoption or foster placement of children.

In addition, WES has enhanced the firm’s mentoring program for women attorneys, helping women associates develop and establish relationships with more-senior attorneys.

“Our need for WES to transition to virtual programming due to COVID-19 resulted in increased attorney attendance and participation,” Ebel said. “Each month, different WES members team up and decide on the theme of the programming. The goal is to provide our women attorneys with opportunities to share ideas, foster internal relationships, expand contacts and build leadership skills.

Lori Wisniewski Azzara, chair of the Women’s Initiative at the law firm Cohen Seglias Pallas Greenhall & Furman PC, said the firm has learned that attorneys can still be productive without being in the office. “As a result, the firm instituted a remote work policy for all attorneys, which provides attorneys with the option to work one day per week from home once our offices reopen,” she said. “This added flexibility is beneficial for our female attorneys, particularly those with younger children or those in caregiver roles, because it allows for balancing home and work demands on a more-convenient schedule.”

“Because many state and national events and conferences were being conducted virtually, we were able to broaden the number of female attorneys at our firm who could attend meetings,” said Azzara, noting another opportunity the pandemic offered for greater participation and engagement.

Mollie Farrell, Greensfelder’s Director of Professional Development, works with Women’s Connect, the firm’s internal initiative that organizes social and professional development opportunities to connect women attorneys across all offices and practice areas. She explained how the firm’s partnership with a community provider helps to ease stress and worry for firm employees when having to manage eldercare.

“One important priority has been to support caregivers, whether that is parents or others who are caring for elderly or sick family members,” Farrell said. “In 2020, the firm began partnering with Homethrive, a family elder care coordinator, to offer all of its employees a fully covered family caregiver service benefit as part of the firm’s broader benefits package. Through this new partnership, we have additional programming and support available to attorneys and staff.”

Farrell also pointed to the need for clear, consistent communication from firm management. “It has been important for employees at all levels to hear the message from top leadership that they are supported in their need for accommodation, whether that is related to their personal working situation, a need for family leave or other struggles,” she said.

Sanity and Service During the Pandemic

Women’s initiatives at law firms understood the need for socializing, albeit distanced, to maintain relationships and sanity during the pandemic.

While WoMVA’s biannual retreat had to be cancelled last fall, the group kept to a fairly normal level of activity, with programs such as a virtually guided wine and cheese pairing tasting, and an online holiday party.

One new effort that has been particularly well-received was the launch of the WoMVA book club. The women meet quarterly for meaningful discussion about a book’s relevance to their personal and professional lives, alternating between fiction and nonfiction reading choices, while catching up with one another. The book club cultivates cross-team relationships, which expands female attorneys’ professional and personal networks within the firm.

Women of Eastman & Smith (WES) did not slow down its service during the past year. Focusing on the importance of literacy, WES held an internal book drive in June 2020 to collect books to donate to a local nonprofit that assists low-income parents with how to prepare their children for kindergarten. WES collected more than 150 books from attorneys and staff to donate, tripling their initial goal.

At Cohen Seglias, Azzara said she hopes the Women’s Initiative will use 2021 to reconnect, both internally and with clients. “Our programing this year will focus on bringing us together and providing opportunities to engage with our clients, even if we are still operating in a virtual setting,” she said.

Maternity Leave

Pending motherhood brings unique challenges, and several firms provide formal support. WoMVA’s Advocate Program pairs expecting and new mothers with an internal advocate to help them at the firm with their transition to parental leave, and when returning to the firm. “This program has been especially helpful during the pandemic,” Reedy said.

Cohen Seglias recently implemented a ramp-down/ramp-up policy. “This provides new mothers with some breathing room and flexibility in their billable hour requirement as they prepare for and adjust to motherhood,” said Azzara. “The firm strives to support its female attorneys during this process, and this policy furthers that goal by providing an opportunity for the attorney to be successful, both personally and professionally.”

Women’s History Month

In recognition of International Women’s Day and Women’s History Month, these firms undertook different approaches to honor the women at their firms.

WoMVA invited all firm employees to a webinar, “How Men Can #ChooseToChallenge Gender Inequity in Law,” with a panel of business leaders and change-makers who addressed the role of men in advancing gender equality in the workforce, especially in the business of law.

Another firm accepted the #ChooseToChallenge theme. Eastman & Smith’s managing partner called on all attorneys and staff to work together to ensure the firm provides a culture where all are welcome, included and empowered to succeed, and provided a forum to discuss the firm’s commitment to creating an inclusive work environment.

Cohen Seglias is posting a daily feature in March about each of the firm’s female attorneys and leaders on its social media pages. With a significant presence in the construction industry, the firm also spotlights its female attorneys who practice in construction, since March also includes Women in Construction week.

The Women’s Connect group at Greensfelder undertook a new project this year to reach out directly to all of the firm’s women attorneys and have one-on-one phone conversations with as many as possible. The discussions served two purposes: to interview each attorney and learn a bit more about their personal and professional backgrounds, and to delve into how they feel about the firm and how Women’s Connect can best support them.

“That information is now being used in multiple ways, including for mini-profiles of each interviewee to be shared internally throughout March and as the basis for external messaging for International Women’s Day,” said Farrell. “Most important, it is serving as background knowledge to inform the Women’s Connect leaders and other firm leadership about ways they might consider enhancing their support for women. This has been a valuable and much-needed way to rebuild some of the personal connections that may have lost momentum during remote-work time and to remind people that their voices are important and heard.”

Women’s initiative groups at law firms are crucial to providing women lawyers of all ages with ways to feel empowered about their careers, professional relationships and work environments. As law firms have had to become more empathetic to the work-life balance and enable greater flexibility, women’s programming must remain a priority for women lawyers to succeed on all fronts as a new “normal” emerges.

© Copyright 2008-2020, Jaffe Associates

ARTICLE BY Vivian Hood of Jaffe
For more articles on the legal industry, visit the NLR Law Office Management section.

Credential Your Law Practice

Everyone wants to go with a winner, right? This sentiment is true when it comes to the legal industry. Attorneys and small law firms will do themselves a service by investing in law practice credentialing. Law firm credentials are not only accolades and awards that make you feel great about your work, but they also provide clients, peers, and businesses with insight into how well you operate.

Credentials Are Powerful

As of 2019, 84 percent of people trust online reviews and referrals as much as they would trust a referral from a close friend or family member. This number is staggering and did not change even through the COVID-19 pandemic. People are more risk-averse than ever, which means that you should give them every reason to hire you.

In law firm marketing, you can become more credible in a specific niche because of law firm credentials. However, it does take some attention and work to achieve these awards. Consistency and planning will help you obtain accolades and stand out amongst the competition with awards and credentials earned by you and your firm.

Credentialing Sources

There are several ways that small law firms and attorneys can obtain credentials. From attorney ranking sites to speaking and presentations, lawyers should put themselves out there. Remember, if people do not know that you are interested in nominations, they will not know to ask you or give you credit.

Follow my tips below for credentialing resources:

Attorney Ranking Sites

Attorney ranking sites are just one of many opportunities available to attorneys who want more credentials. These sources may also help you gain greater local visibility to potential clients.

Credentialing sources that you will want to consider include:

  • Martindale-Hubbell
  • Avvo ratings
  • Super Lawyers
  • Best Lawyers in America
  • Chambers USA
  • Local, national, and specialty bars
  • Civic leadership organizations
  • Non-profit organizations
  • Other niche credentialing sites

These accolades provide the social proof and legitimacy that they need to move forward with your services. Get recognized more often and stand out from the crowd by pursuing these types of credentials and awards.

It is also worth mentioning that attorney ranking and vetting sites tend to occupy the top 3 spots in search results. You should list yourself on these sites for this reason as well. Plus, it will help you obtain a large number of backlinks from highly ranked sites.

Publishing Opportunities

Aside from website badges and on-page listings, you can also obtain credentials through writing opportunities. After all, lawyers are excellent candidates for writing well-thought-out articles that provide value to readers regarding a specific law area. However, it is essential to remember that publication writing is different from legal writing.

Types of publications that you should consider include:

  • Bar associations
  • Legal groups
  • Newspapers
  • Blogs
  • Your website
  • Magazines
  • Independent interviews

In article writing, you must consider your target audience’s needs and write in a way that makes sense for their knowledge, intent, publication medium, and other considerations. Consider having your work featured in a legal magazine or publication to add additional credentials to your CV or resume, and always incorporate your law firm’s brand voice.

Speaking and Presentations

Speaking opportunities are another great way to get your name out there while building your list of credentials. Law firm marketing goes beyond digital efforts, making public speaking an excellent channel for your offline strategies. If you are capitalizing on writing credentials, you can easily score speaking engagements.

The speaking opportunities depend upon your specific practice area. However, you could use the following opportunities in general:

  • Seminars
  • Webinars
  • Chamber of Commerce meetings
  • Industry organizations
  • College presentations
  • Law school lectures

These credentialing opportunities are perfect for connecting more meaningfully with an engaged audience in real-time. They also help you become a thought leader in your practice areas. This thought leadership will enhance your efforts further.

Credential Placement

Where many law firms fall short is the promotion of credentials after obtaining them. The award or vetting site will not do all of the work for you, which means that you need to put in some effort on your firm’s part to maximize their benefits. It can be expensive and time-consuming to promote accolades and recognitions, so ensure that when promoting your credentials, you are investing efficiently. You can promote your credentials in the following ways:

  • Placing badges on your website
  • Updating your CV or resume
  • Updating marketing materials and brochures
  • Press releases
  • Blog posts
  • Social media posts
  • In-office placement
  • Email marketing

There are several rules and guidelines that apply to the use of logos, slogans, and brand names that are owned by attorney credentialing, vetting, and award sites. When you win them, review independent guidelines from each publisher to ensure you are not misusing their copywritten and trademarked materials. Doing so can result in embarrassing communications or forfeiture of your award.

Final Thoughts and Considerations

Law practice credentials can provide a tremendous amount of value to lawyers and law firms. The opportunities are available. Now, you and your team just need to go out there and pursue them. Consider investigating opportunities on attorney credentialing websites, but do not forgo the opportunities available through writing and speaking gigs.

Continuously update your credentials and display them in your legal marketing materials as appropriate. Be careful not to violate the intellectual property rights of publishers when doing so. This strategy can avoid uncomfortable attorney-advertising violations.

As there are significant advantages to be gleaned from credentialing your law practice, make sure you are not leaving any prospects on the table.

© 2020 Denver Legal Marketing LLC

ARTICLE BY Meranda M. Vieyra of Denver Legal Marketing
For more articles on the legal industry, visit the NLR Law Office Management section.

How to Use Client Trust Accounts to Actually Build Trust

We’ve all heard the old adage, “trust takes years to build, seconds to break, and forever to repair,” right? Well when it comes to winning and retaining clients in the legal world, that adage should be slightly tweaked.

Let’s go with – “trust takes seconds to build, years to perfect, but you’ll reap the benefits forever.”

How do you build trust in seconds? One tactic is to be as transparent as possible during your initial consultation while showing that you understand your client’s concerns. Better yet, if you can address those concerns on your client’s level and not in legalese, this can go a long way in building an instant connection.

One of the biggest stressors when it comes to hiring a lawyer is dealing with the transfer of money. Humans stressing about money is a tale as old as time. If you’re explaining the intricacies of your billing process in terms that aren’t used in everyday conversation like trust account, fiduciary responsibility, and disbursements —  your client’s eyes will glaze over and they won’t be able to pay attention to what you’re actually telling them.

In order to relay accurate information (thus building trust) about how your client’s money is going to be handled legally and ethically, you first need to understand the ins and outs of client trust accounts yourself. So let’s go over the basics, and come up with some ways that you can address these complex situations to further build client trust.

What is a client trust account?  

According to the ABA, “Standard rules and common practice dictate that lawyers use a client trust account (CTA) to hold funds paid by the client upfront as an advance on fees and expenses before the work is done and prior to the client’s approval of billing. Once the lawyer earns the fees and bills the client, and upon the client’s approval of the lawyer’s billing, the funds are no longer property of the client and should be removed from the lawyer’s CTA.”

Simply put —  a client trust account is a way to separate client funds from law firm operating funds. As basic as the theory is, the practice gets complicated when banks and credit card processors, who may not be acutely aware of the regulations, get involved.

If you want to ooze confidence and explain to your clients where their money will be at every step of your relationship, your first task is going to be to ensure that your firm’s client trust accounts are operating in compliance. Practice management software such as PracticePanther makes this easy by giving you a holistic view of all of your bank accounts, including client trust accounts, and even places stopgap measures and alerts in place so that you are using the appropriate funds at the appropriate times.

Pretty straightforward up until this point right? Here’s the kicker, each state bar has a different set of rules, so make sure you read up on your local bar’s requirements before you put yourself at risk for disbarment because you accidentally mishandled funds. The golden rule that remains in all states is that there is no commingling of client funds and firm funds, thus the need for detailed and accurate accounting.

When are these trust accounts used?

The three most common use cases of client trust accounts are as follows:

  • At the beginning of representation when initial funds are received.
    • In this situation, attorneys would place “unearned income” into the trust, including upfront fees, retainers, or cash advances. Again, by law attorneys can’t use this money for operations and it must be held in trust until the completion of their case or matter.
  • When and if there is payment from a settlement.
    • Transactions revolving around real estate for example must pass through a trust account and must not be commingled with operating accounts.
  • When an attorney acts as a fiduciary on behalf of a client or the client’s estate.
    • Similar to settlement, these “third party funds” that are handled by an attorney when acting as a fiduciary must remain separated.

Depending on your firm’s billing practices, here’s how you can explain client trust accounts.

“At the start of our relationship, we’re going to ask you to pay us (x amount of dollars) upfront.  We know this is quite a bit of money so we’d like to explain how we keep these funds safe. This money is placed in what’s called a client trust account and will remain untouched until we resolve your issue. We understand this may sound odd, but as attorneys, there are strict rules in place that we need to follow that ensure your money is used properly. Having your money stored separately means that we’re not using your money for someone else’s case.”

Taking a few minutes to walk through this process with your clients starts you off on the correct path.

Here comes the fun part – accounting! 

You’ve won your clients over and begin to represent them, diligence is the name of the game now when it comes to accounting. Here are a few best practices for you to remain compliant with your client trust accounting.

Step 1: Track each and every transaction whether it’s a deposit or a disbursement

Step 2: Keep a separate ledger for each client

Step 3: Add detailed notes for each transaction

Step 4: At the end of each month, you must reconcile the account. This helps you ensure accuracy, the goal being to match all activities going into and coming out of trust. This is called a 3-way reconciliation.

© Copyright 2020 PracticePanther

ARTICLE BY Dan Bowman of PracticePanther
For more articles on legal client trust, visit the NLR Law Office Management section.

Law Firm News and Updates for January 2021: Law Firm Merger, Diversity in Legal Industry and Law School News

We hope that your 2021 is going along well all things considered.  We wanted to extend a big thank you to our law firm publishing partners for helping the National Law Review surpass 25,000,000 page views in 2020.  You can read about some of the articles and authors we noted as exceptional high flyers in our press release from earlier this week.  Additionally, we recognized roughly 70 exceptional authors and contributors in our 2020 Go To Thought Leadership Awards issued a few weeks back which you can read about here. But enough about us and our talented authors, here are some recent updates from around the legal industry.

Law Firm Hires and Promotions

Ballard Spahr named Damon O. Barry the Office Managing Partner for the Denver office of the firm. Mr. Barry is an experienced deal and government affairs attorney, working on mergers and acquisitions, recapitalizations and other sophisticated commercial transactions.  The Denver office of Ballard Spahr is the epicenter of the firm’s western United States Labor and Employment, Public Finance Data Privacy and Cybersecurity practices.  Mr. Barry praised the Denver office of Ballard Spahr, pointing out the attorneys located there do exciting work with industry leaders in the region, and said, “I’m looking forward to building on our previous success and continuing to deliver first-rate service to our clients, both existing and new, while simultaneously driving and increasing our commitment to the Denver community.”

Idan Netser and Andrew Harper joined Sidley Austin LLP in the Palo Alto office.  Both attorneys will join Sidley as transactional partners, joining the Emerging Companies and Venture Capital practice, and Mr. Netser will also join the Tax Practice.  Martin Wellington, Managing Partner of the Palo Alto office describes the addition of Mr. Nester and Mr. Harper as an important milestone in Sidley’s expansion into Northern California, and the emerging technology field of practice.  Wellington says, “Idan has a well-deserved reputation both as a trusted adviser to entrepreneurs and emerging companies in the software, security, and life sciences markets, and as a leading international tax counselor for some of the technology sector’s best-known brands. Andrew is a rising star with established relationships at an exciting roster of both companies and blue-chip venture investors. Together, they elevate our brand in the Valley and position Sidley for sustained growth in this market.”

Vedder Price announced that Wayne M. Aaron has joined the firm as a member of the Investment Services Group and Corporate practice in New York.  Mr. Aaron is an experienced securities regulatory lawyer, and his practice includes financial services advisory matters, broker-dealer regulation and enforcement, government and regulatory investigations and FinTech.  He regularly advises securities firms on complex sales and trading, and other regulatory issues, as well as in examinations, inquiries and enforcement proceedings before the Securities and Exchange Commission and other government regulators.  Corporate Practice Area Chair at Vedder, Jennifer Durham King indicated she is looking forward to Aaron’s addition to the financial services and corporate-related practices in New York.  She says, “Wayne is a terrific addition to our existing broker-dealer and regulatory investigations practices as we look to continue to grow and diversify those practices, including into other complementary areas, such as high frequency trading and FinTech regulatory work.”

Murray Plumb & Murray is pleased to announce that Katherine Krakowka has been elected a Director of the firm as of January 1, 2021, and  Stacey Neumann has been named to Murray Plumb & Murray’s Management Committee.

Ms. Krakowka has been with Murray, Plumb & Murray since 2019, focusing on Business & Corporate Law and Business Reorganization & Insolvency, and she has been working with local businesses, navigating the COVID-19 pandemic.  Drew Anderson, Managing Director of Murry Plumb & Murray calls Katie a wonderful addition to the ranks, saying,  “She has been an active participant in the firm since joining our team and this year especially has played a crucial role in supporting our local business community as a thought leader on risk planning and a legal expert on pandemic assistance programs. We look forward to having the benefit of her wisdom, experience and intellect in this leadership role.”

Additionally, Stacey Neumann has been named to Murray Plumb & Murray’s Management Committee. Neumann is a Director at the firm and Chair of the Employment and Criminal/White Collar Defense Practice Groups, and she has extensive litigation experience with federal and state white-collar and other criminal defense, employment law with discrimination and other human resources matters, and Title IX investigations and other collegiate disciplinary processes.

Steven W. Zelkowitz joined Spiritus Law as Managing Partner, reuniting with Spiritus law founding partners Marbet and Robert Lewis.  Additionally, Jonathan Portuondo is joining Spiritus Law as an associate. Spiritus Law will be focusing on helping firm hospitality clients recover from the pandemic.

Mr. Zelkowitz comes to Spiritus Law with more than 30 years of experience in real estate, financial services industries, including infrastructure and development, hospitality and public/private partnerships.  Zelkowitz also has government relations experience, and experience in assisting businesses establishing or relocating to Florida by leveraging tax and other financial incentives.  Additionally, Zelkowitz has a long-established relationship with the firm’s founders Robert and Marbet Lewis, which will translate into a productive and effective working relationship.

“Spiritus Law is already known as a powerhouse nationally in the alcohol and hospitality industries. I am confident that my depth of experience will further cement the firm’s reputation in those industries in 2021 and beyond,” said Mr. Zelkowitz. “I am both humbled and excited to reunite with Marbet and Rob, and in applying my decades of experience growing law firms for the benefit of Spiritus Law and its clients at this pivotal moment in history.”

Dinsmore & Shohl Merges with Wooden McLaughlin

On January 1, 2021, Dinsmore & Shohl LLP has merged with Wooden McLaughlin LLP in Indiana, continuing Dinsmore’s growth across Indiana, adding offices in Indianapolis, Evansville and Bloomington.  Dinsmore added 47 Wooden attorneys, growing Dinsmore’s lawyer headcount by over 7 percent, and continuing Dinsmore’s goal of continued growth and strength in the Midwest.  George Vincent, Dinsmore Chairman and Managing Partner, says, “I’ve always believed in having a renewable five-year plan and working back from where you want to be. Five years ago, we wanted to be in Boston, Florida and Indiana, and we’ve done all of those things. We are in every state surrounding Indiana, so it is a natural place for us to be. There are significant opportunities for new and existing Dinsmore clients there, and Wooden has a great legacy.”

The merger builds on both firm’s legacies of valued client relationships that can span decades, with an emphasis and value on diversity.  Wooden Partner, Misha Rabinowitch, says Dinsmore’s focus on diversity was an important element in the decision, saying, “I’m personally excited to continue working to make our offices as inclusive as possible, now with the assistance of Dinsmore’s diversity initiatives that are already in place and have great momentum.”

Law Firm Diversity: Norton Rose Fulbright and Blank Rome Tap New Diversity and Inclusion Officers, and Nelson Mullin’s Diversity Pipeline Outreach Program Recognized

Norton Rose Fulbright announced that Katherine Tapley, a San Antonio partner, will replace Denise Glass as the firm’s new US Chief of Diversity and Inclusion.  She will chair the US Diversity and Inclusion Committee at the firm, and she will work closely with the US Management Committee to strengthen Norton Rose Fulbright’s diversity and inclusion efforts.  Tapley previously chaired the Women in Norton Rose Fulbright (WiN) Network.  Additionally, Tapley has served on the Real Estate Service Board of Directors for the San Antonio Area Foundation, and she currently chairs the Board of Governors of SA Youth, a non-profit working to improve the education, character and lives of high-risk San Antonio youth.

Jeff Cody, Norton Rose Fulbright’s US Managing Partner: “Katherine championed diversity for several years at Norton Rose Fulbright, consistently looking for opportunities for the firm to make meaningful enhancements. While we have made notable progress in our diversity and inclusion efforts, this important area remains a priority for us.”

Norton Rose Fulbright achieved several honors related to their diversity efforts, including a Gold Standard Certification by Women in Law Empowerment Forum (WILEF) for their inclusion of women into leadership positions.  Norton Rose Fulbright also received a perfect score from the Human Rights Campaign Foundation on its Corporate Equality Index for policies related to LGBT workplace equality, and Diversity Lab announced Norton Rose Fulbright had achieved Mansfield Rule Certification 3.0 and Mansfield Certification Plus status, both benchmarks in the legal industry.

Ms. Tapley announced a desire to continue the firm’s work in this important area, saying, “Fostering diversity and inclusion is a critical component to being the best possible place to work for our people. I will work tirelessly to ensure the firm succeeds in this arena.”

Nelson Mullins Diverse Pipeline Outreach Program was selected by Profiles in Diversity Journal as a winner in its Top 10 Innovations in Diversity for 2020.  The Innovations in Diversity honors inventive solutions in workforce diversity, selecting corporations, organizations, and institutions for ground-breaking programs furthering inclusion and diversity in their respective fields.

The goal of Nelson Mullins Diverse Pipeline Outreach Program is to combat a lack of diversity in the legal industry by working with Historically Black Colleges and Universities in the Carolinas and Georgia to provide students with an inside look at the legal profession.  By demonstrating the legal industry in action across a variety of areas and demystifying the steps to go to law school and become a practicing attorney and capping it off with a paid internship for one student at each school that participates. The first internship will begin in the spring of 2021.

The Nelson Mullins program is spearheaded by Ariel Roberson and Jack Slosson, partners in Raleigh and Charlotte, respectively.  Roberson says, “Diversity in the legal profession is tremendously lacking, but we all know how necessary it is to hear different perspectives in the courtrooms, boardrooms, classrooms, etc. across America.”   Slosson says, “I am hopeful that this unique program can have a real impact in growing diversity in the legal profession going forward.”

Blank Rome announced that Krystal Studavent Ramsey is the firm’s new Director of Diversity and Inclusion in Blank Rome’s Houston office.  As Director of Diversity and Inclusion, Ms. Studavent Ramsey will implement Blank Rome’s strategic DEI plans to create an inclusive environment within the firm, and to partner with clients on DEI plans and programs.  To further this goal, Studavent Ramsey brings her experience co-founding and co-chairing Blaxiom, a group of Black Axiom employees when she served as a senior legal consultant at Axiom, and her experience working as director of strategy and operations for the Diverse Attorney Pipeline Program, devoted to nurturing first-year, women of color law students.

Studavent Ramsey calls her new role “an amazing opportunity” and praises Blank Rome’s foundation of DEI.  She says, “I am excited to join Blank Rome as its Director of Diversity and Inclusion, especially at such a pivotal time in our world . . . [T]his is an amazing opportunity . . . to make sustainable change and a positive impact throughout our firm, the legal industry, the communities we serve, and beyond.”

Law School Updates

Over 150 academics issued a joint statement saying “The violent attack on the Capitol was an assault on our democracy and the rule of law. The effort to disrupt the certification of a free and fair election was a betrayal of the core values that undergird our Constitution. Lives were lost, the seat of our democracy was desecrated, and our country was shamed.”

Citing their role as the educators of the next generation of lawyers, the academics claimed an obligation to “support the rule of law and preserve the integrity of the legal profession.”  The statement frowned on the actions of attorneys filing frivolous and ungrounded lawsuits challenging the election, filings unsupported by any evidence, saying they “betrayed the values of our profession” by doing so.  Additionally, the statement praised the lawyers and judges who worked hard to bring about an honest election in trying circumstances.  Read the complete joint statement and see a list of academics who signed the Joint Statement on the 2020 Election and Events at the Capitol.

John F. Kennedy School of Law at Northcentral University welcomed its first cohort of law students in the online Juris Doctor program, the university announced last week.  Since 1996, Northcentral University has been a leader in graduate-focused online education, with over 11,000 students enrolled in graduate programs across education, psychology and now law.

The program is taught by faculty who are practicing attorneys, judges and other legal professionals, to bring real-world expertise into the virtual classroom.  Faculty areas of expertise include civil and criminal law, constitutional law, insurance defense litigation and public interest law.  Along with online classes, hands-on curriculum opportunities include clinical and internship experiences. Dean Hutton says the online JD program will have opportunities for students to get individualized feedback from faculty members.  He says, “”Students have multiple opportunities to apply legal doctrine throughout each course, along with personalized faculty feedback, allowing for a much deeper understanding of the material and greater preparation for exams and, ultimately, for the California Bar Examination.”

Other law offerings at Northcentral include a Bachelor of Arts in legal studies and a paralegal certificate program, both approved by the American Bar Association.

Copyright ©2020 National Law Forum, LLC

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more, visit the NLR Law Office Management section.

How to Level Up your Law Firm Technology and Marketing in 2021

Welcome back to our short series on forming new habits in 2021. I hope you all were able to take the time to digest and truly think about implementing our first three habits at your law firms this year. If you missed out, go take a look at the first part of our new habits series and then come right back.

Today we’re going to talk a bit more about expanding the technical aspects of your firm in 2021, and how you can enhance what you’ve already learned throughout the trial and error of 2020.

Reduce Tech Costs With An All-In-One Operating System 

You’re likely using several platforms or tools to run your practice and paying monthly SaaS fees for all of them. At some point in 2020 you likely looked at these expenses for opportunities to reduce your internal costs. This kind of regular belt tightening audit is important, but it’s even more important to make sure that you’re using the right tech that will get you the most bang for your buck.

Conduct an analysis of all of the tools you are using and paying an associated monthly fee. Eliminate tools you haven’t used in the past 6 months. If you’re using an all-in-one system, make sure you’re using all the included functionality instead of 3rd party providers. Are you paying a separate monthly fee for a CRM or payments tool? Taking advantage of all of the features offered by your all-in-one practice management system can help you cut the fat and reduce overall expenses while increasing efficiency.

Fill Your Marketing Pipeline & Develop A Growth Plan 

Next, start to think about your firm’s future over the next year, including your pipeline of new business and growth plans for your internal team. Do you know which 2020 referral sources were the most fruitful? Make sure to nurture those existing referral relationships heading into the new year. A small gift, handwritten note, or phone call to wish the contact a happy new year is a great way to thank them while staying on their radar for future referrals.

As for new business, now is the perfect time to brainstorm new marketing channels to test in 2021. If there is a specific practice area that was especially profitable in 2020 perhaps you can get more involved with that practice group within your local or state bar association. Or maybe there is an upcoming (virtual) conference where you can showcase an area of expertise as a conference speaker. Many firms have found great success by experimenting with a small online marketing budget to make their firm’s name appear higher in search results or serve ads for their firm to a targeted audience. If you need a refresher, here’s our guide on SEO for lawyers.

With a plan to fill your referral and marketing pipeline in place, you should start preparing for growth. Construct a hiring roadmap and budget to create a clear plan to execute against your goals. Do you want to bring on a new partner with an existing book of business to help fill your client pipeline, or would it be best to hire and train an associate first? Do you need to hire new support staff like a receptionist or would it be more cost effective and efficient to use a virtual receptionist service? Being strategic in how you’re thinking about what you want to accomplish a year from now, and setting a systematic plan to get there, can help you stay on track as the year continues and distractions inevitably arise.

Level Up Your Zoom Game & Adjust To The “New Normal”

Whether you like it or not, the way we practice law has changed due to COVID-19 restrictions and it will never be exactly the same as it once was prior to 2020. Just as medical professionals have adapted to the rise in telehealth, more lawyers than ever before have moved to practicing law virtually. While some billable tasks will return to normal in a post-COVID world, the industry as a whole is realizing that we can do many things virtually for increased productivity and profitability as part of the “new normal”.

Many clients will likely prefer to meet virtually moving forward because of the convenience, while others will still need to do so depending on geographic location and local restrictions for at least part of 2021. It’s safe to assume that online video conference tools like Zoom aren’t going anywhere. If you didn’t use it before COVID restrictions began, you’ve likely used it since, and if you already used it, you probably are using it much more frequently than you did before.

You’ve also probably heard stories about some very embarrassing Zoom gafs over the past 10 months and we’d like to do our part to make sure you don’t become a cautionary tale. Remember, even though you are meeting with a client, colleague or co-defendant virtually, you still need to make a good impression and present as professionally as possible.

Make sure to dress as you would for an in-person meeting and make sure your visible work area is organized. Double check what your Zoom partner will see during the meeting when you turn on your video — do you like the background the client will see behind you on the call or do you need to adjust? Do your best to limit interruptions like loud pets or children (no judgement, I have both). Check the lighting to make sure the video quality is good and ensure your internet connection is working properly (pro tip: if you share your network with others in the household ask them to log off the WiFi to improve the signal strength for your video call). If not, you might consider purchasing an inexpensive desktop Zoom light, increasing your internet speed, or adding WiFi boosters to help improve signal strength for areas furthest from your router.

Don’t forget, most video conferencing tools have helpful built-in features that you may not be utilizing.  If you’re using Zoom, try the “Touch Up My Appearance” option in your Zoom Settings – it’s like airbrushing for video calls and makes you look like you got 10 hours of sleep after a relaxing day at the spa. Lastly, if you are using Zoom for court appearances, mediations, or arbitrations, make sure you’ve got security settings like a virtual waiting room in place and learn how to properly use the break out room feature. Doing so will help you ensure client confidentiality is protected, even in a virtual setting.

Pulling It All Together

While these habits aren’t revolutionary by any stretch of the imagination, they are tried and true tactics which only require some extra time and effort to implement. By reducing your technology costs, creating your marketing and hiring roadmaps, and investing in your virtual presence, you’ll be well on your way to a successful and productive year and will thrive in the “new normal” of 2021.

© Copyright 2020 PracticePanther

ARTICLE BY Sarah Schaaf of PracticePanther
For more, visit the NLR Law Office Management section