Category: Legal News

Improving the Return on Investment of Your Legal Marketing Dollars

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At the end of April, Avvo hosted its “Lawyernomics” conference.  Some 300 lawyers from across the country assembled at the Bellagio in Las Vegas to hear from speakers from a variety of disciplines and communications platforms (including representatives from Avvo, Twitter and Yelp).  Although a wealth of information was shared, there was a broad, tactical theme that permeated the entire program:  Improving return on a firm’s business development investment.

Choosing Your Investments Wisely

For an industry that pays so much to get in front of consumers, lawyers are often poor at converting interested consumers into paying clients.  Similarly, even those firms investing heavily in numerous forms of advertising – online and traditional – usually don’t have a clear picture of which of those advertising channels are effective.  They’re left to “go by gut” when choosing whether to continue investing in an advertising campaign.

The lowest-hanging fruit in this area is establishing systems for following up with client inquiries.  It should be simple, but far too many firms don’t have adequate processes in place to ensure that consumer inquiries are immediately followed up on.  With the likelihood of making contact with someone who leaves a message plummeting within minutes of their reaching out, establishing a follow-up system is critical.  Doing so involves a mix of “rules and tools.”  The “rules” are business processes established and monitored to ensure that phones are covered, calls are answered, and inquiries get an immediate response.  The “tools” can be as simple as an excel spreadsheet tracking inbound inquiries to as sophisticated as powerful Customer Relationship Management (“CRM”) systems such as Salesforce or Avvo Ignite.

Measuring Marketing Channel’s Effectiveness

Having a good system for contact and customer management is key to calculating marketing channel effectiveness. Used diligently, the CRM tools of such a system will tell the firm where each inquiry originates from (its website, a search marketing campaign, the Yellow Pages, etc.). Over a period of months, the firm will then be able to tell the rate at which those inquiries turn into actual clients. This may show, for example, that while a conference sponsorship is driving a lot of calls, such contacts become clients at a far lower rate than the smaller number of calls and appointments generated from a webinar. When all marketing platforms are matched up, the most successful ones should stand out for future business development projections and budget reviews.

By layering the cost of these marketing initiatives on the number of clients generated, a firm can get a very clear picture of the return on investment of each channel (i.e., what it costs to generate a client).  That information allows the firm to identify those channels where it can profitably increase its marketing investment – and those that it needs to cut loose.

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False Claims Trial Institute – June 05 – 07, 2013

The National Law Review is pleased to bring you information about the upcoming False Claims Trial Institute.

False Claims Institute

When

June 05 – 07, 2013

Where

  • The Liaison Capitol Hill An Affinia Hotel
  • 415 New Jersey Ave NW
  • Washington, DC 20001-2001
  • United States of America

As the number of False Claims Act cases filed, and settled, continues to rise, an increasing number of cases are litigated through discovery and trial. This one-of-a-kind institute will focus on the discovery, evidentiary, and trial challenges that must be successfully overcome to try a False Claims Act case. The capstone of the program will be a two-day mock FCA trial, from voir dire through jury deliberations.

Attendees of this program will improve their knowledge of the challenges involved in litigating a False Claims Act case, including::

  • Developing trial themes and a litigation plan
  • Obtaining discovery from the government
  • Building or limiting damages
  • Assessing and reducing the risk of exclusion

Women Lawyers Must Also ‘Lean In’ to Realize Their Career Dreams

After spending nearly two decades working in law firms, I have witnessed and experienced enough discrimination and recrimination to know from the front row the many challenges women lawyers face in law firms today.

Still a Way to Go

According to a 2012 National Association for Law Placement (NALP) survey on the demographics of equity, we should not be surprised to learn that 64% of male partners are equity partners while 47% of both women and minority partners were equity partners, a differential of 17 to18 percentage points. More dramatically perhaps, among equity partners, about 85% are men, 15% are women, and fewer than 5% are racial/ethnic minorities. (The minority figures include both men and women, so the three figures add to more than 100%.)

Among non-equity partners, the respective figures are 73% men, 27% women, and 8% racial/ethnic minorities. Finally, among all partners, the equity/non-equity split is about 61%/39%. Just over half of partners are male equity partners; just over 9% were women equity partners; and almost 3% are minority equity partners.

What these stats may convey to us is: 1) Caucasian males remain in the power seats; 2) women lawyers must step it up if we are committed to making a measurable advancement in their careers and quality of work environments.

Despite these figures, the ranks of women lawyers also must claim their role as well with not “leaning in” (Sheryl Sandberg reference intended) to clear the path for power and advancement in their legal careers.

In Sheryl’s book, “Lean In: Women, Work and the Will to Lead,” she says that we women are hindered by barriers erected by ourselves, as well as society (read law firms). “We hold ourselves back in ways big and small, by lacking self-confidence, by not raising our hands, and by pulling back when we should be leaning in,” she says, pointing out that women tend to internalize lifelong negative messages that say it is wrong to be outspoken, aggressive, more powerful than men. “We lower our expectations of what we can achieve,” she says. “We compromise our career goals … Compared to our male colleagues, fewer of us aspire to senior positions.”

Compound these troubling realities with the well-known fact that law school curriculum does not appropriately prepare law students in the business of law or how to build and grow a client base, and women lawyers have their work cut out for them, as we sometimes say.

Difficult, no doubt, but possible nonetheless.

Reality Check

Recognizing that women must prove themselves to a far greater extent than men do (2011 Kinsey Report noted that men are promoted on potential while women are promoted based upon past accomplishments), I suggest women learn from this and advance in spite of it.

Striving to be a “glass-half-full” individual, I know for sure that attitude is everything.

Assess your mindset toward building a prosperous practice to check your “atty tude” before taking the first action.

Do you believe in what you are doing? Are you resentful that you are placed in “selling situations”? Do you begrudgingly attend networking events? And, when there, do you not use the time productively? You are not alone.What we see very often is that women law­yers frequently behave from a position of fear, not confidence. If I had a nickel for every time I’ve heard, “I’m not good at xxxx,” I could buy an island in the Pacific somewhere. The question is not whether you are “good” or “bad” at any particular behavior or action, but rather whether you are willingto work at it.

This reminds me of a great quote byHenry Ford: “If you think you can do a thing or think you can’t do a thing, you’re right.”  It’s all in the attitude.

Leverage Your Strengths

As a gender, women are hardwired to cultivate and nurture relationships. We are born for relationships. Leverage this strength to turn everyday contacts into powerful business and client connections.

In our everyday lives, we constantly encounter people who may be in a position or have a connection to help us. The only way we will know is to engage…ask openended questions, offer to help, to connect, to listen. It’s really that simple. This is what we do each and every day for our partners, for our children, for our parents, and now is not too soon to take ahold of this natural ability of connecting to propel your legal career.

From a traditional business development perspective, consider the state of your network – how and how often do you get and stay in touch. Is our contact database organized, categorized and current? Do you have systems to implement and support our continual connecting efforts? Anything short of an “absolutely” and we suggest seeking out resources to check this off the “must-do” list of critical business development initiatives.

In contrast to the old cliché that lawyers must “eat what they kill”, I challenge you to adapt a “give to get” mentality. As you attack the crucial elements of building a prosperous practice with fervor, do so by discovering an attitude of abundance by sharing your skills and expertise. Be willing to “lift as you climb”, to reference a favorite phrase. Women so often regard each other as rivals instead of colleagues on similar journeys. Those women lawyers who take the time to help out a junior associate as she is finding her sea legs will find much more pleasure in a sometimes otherwise mundane work day or contract review or deposition preparation.

Make Your Network Work For You

As much as you cannot develop a prosperous practice without cultivating solid relationships, it is imperative that you define your network and craft an actionable plan to:

  1. Get and stay connected with former classmates; co-workers (past and present); non-client referral sources; clients (past and present); qualified prospects; professional contacts, etc.
  2. Attend with the intention of joining and becoming involved in targeted networking opportunities. Dependent upon your area of practice and the profile of your “perfect client”, you want to get and stay in front of those individuals who are in a position to retain you. To truly gain a firm understanding of who these folks are may require some research and professional guidance (another topic for another day).
  3. Raise your visibility and profile in front of the aforementioned “qualified target prospects”.

New Rules

Productive systems can be a savior to building a healthy practice wherein to organize and track your connections. They result from targeted networking and the ongoing steps one must take to consistently stay in front of your targeted audience.

The “new rule” of building a healthy practice is to accept that networking is NOT an event but a lifestyle. Clients may be right in front of you but if you are not looking (and more importantly, paying attention) for them, a successful practice may become elusive.

As my clients will attest, I continuously teach the imperative of developing a “marketing mindset” – – to pay attention to your environment, to others around you (even at your daughter’s ballet class or son’s Little League practice) and to always have your radar on high alert for prospective opportunities. Not just client inquiry or retention opportunities but strategic alliance and partnership opportunities. We do this by actively listening for business and legal problems in every day conversations of ours and those around us. This is a skill which requires discipline to develop and perfect. Believe me when I say, opportunities abound IF we are actively looking for them.

Design a Business Development Plan “That Works” For You

While women lawyers must work a bit smarter and harder than their male counterparts, the basics of business development apply to all. If you fail to plan, you are, in effect, planning to fail.

Craft your business development blueprint, a map, if you will, by capturing your specific action steps in a written plan. There is no magic to this document or even what it actually looks like, but make no mistake, you will see a measurable difference in developing a strong practice by creating and effectively implementing a written business development plan.

As you correctly guessed, this exercise requires some thoughtful consideration and gaining clarity of your career dreams and goals. There are a number of ways to accomplish this, but the quickest path would be to:

  1. Define your target audience (outline a visual picture of whom you want to attract)
  2. Find out where these targets go during and after work hours
  3. Outline steps to get on these targets’ radar and to achieve “top-of-mind” awareness

For the sake of the length of this article, I have skipped many of the details but the points above can be considered a part of your broad business development plan.

Clarity is key. To reference the late Steve Jobs, “The world is very noisy so we must be very clear about what we want people to know about us.”

One defining element that separates a business development plan that “works” from one that does not is this– your commitment to turning interactions into transactions by:

  • Having a written plan.
  • Accessing your resources (all and often).
  • Concisely communicating your needs. Do not be reticent in voicing what you need professionally.
  • Executing your devised plan to help accomplish your career dreams and goals.
  • Follow up, follow up, follow up with every person you encounter who may have a business need that you or someone in your network can help fulfill.

Too many times in my legal marketing career have I heard lawyers complain, “I tried public speaking and it really does not ‘work’ for me”; “Networking is not my cup of tea. I have better things to do than to attend an event at which I know so few people”.

My reaction is usually the same: Building a prosperous practice is not a “one-hit wonder”, meaning that no one action will win the day. In addition to being clear of what you are endeavoring to achieve, you also must you be committed to the process.

Anatomy of a Successful Business Development Plan

Essentially, there are two parallel tracks to a successful business development plan and attracting quality clients: through relationship and reputation-enhancing marketing tactics. These tactics may include public speaking and targeted networking, but also will involve:

  • Building a robust online presence (aka website, social media development).
  • Devising an aggressive public relations effort to raise your profile and visibility.
  • Getting involved in a professional/community/government association, among others.

Once you have taken the requisite steps to:1) Clarify your career dreams and goals; 2) Address your limiting internal barriers; 3) Define your network; 4) Develop a written business development plan; 5) Embrace and leverage your natural relationship builder, it is time to become the conductor of your business-development orchestra, ( journey).  Actively allow others to help you, to connect you with others who may be useful in achieving your professional goals. Relax and enjoy the actual process of getting and staying connected, of learning more about your clients’ industries, of being of service to others.

Relish in your unique ability to connect with others and your hard-earned legal skills to be the rocket boosters to your fulfilling and rewarding legal career. There is but one secret sauce to business development success and realizing your career dreams:

Consistent, persistent massive amounts of action over a prolonged period of time.

That’s it, in a nutshell.

Conclusion

As women, we’ve always had to fight harder, be more resilient, and press more than some of our counterparts. While the professional landscape is creeping forward slowly, let us forge on to meet our professional goals.

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Emerging Insurance Coverage & Allocation Issues in 2013 – May 14th, 2013

The National Law Review is a proud sponsor of Emerging Insurance Coverage & Allocation Issues in 2013 Conference:

Perrin_May2013InsurCov

When:

Tuesday, May 14th, 2013

Where:

The Rittenhouse Hotel
210 W Rittenhouse Square
Philadelphia, PA

All in-house counsel and insurance professionals always complimentary at Perrin Conferences. Special Restrictions Apply. Registration fee is $895 and includes private website access to course materials, continental breakfast, refreshment breaks and networking cocktail reception. Group discounts available, please inquire.

Is Your Smartphone Costing You Thousands Each Month in Billable Time?

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Back in the early 2000s, I had a friend who’d recently purchased a new-fangled flip-style mobile phone. Oohing and aahing, I asked if he loved all the things he could do with it. “I can play games on it and check the news, stock prices, sports scores, and weather” he lamented, “but I can’t figure out how to just make a phone call.”

Flash forward a decade to the ubiquity of smartphones, with their sleek design, shiny screens, and bright, colorful icons. Nearly every lawyer, young and old, has one. Newsletters and blog posts extol the smartphone’s positive impact on a lawyer’s productivity. New apps appear in the store almost daily to assist with note taking, dictation, file creation and storage, calendaring, practice management, and time tracking, to name a few. Bar associations and professional organizations host conferences, meetings, and CLEs to offer practical training on making the most of tablets, smartphones and cloud services.

Despite this, when lawyers use their smartphones for the most basic of tasks – talking on the phone – they struggle with capturing and billing that time. Are you one of them? Ask yourself the following questions:

  • Do I spend a lot of billable time on the phone?
    Surveys show that lawyers spend nearly one-quarter of their billable time on the phone, with over 70% percent of that time spent on the desktop phone in their office.
  • Do I use my mobile smartphone for work calls when I’m out of the office?
    If you do, you’re not alone. Lawyers report spending an average of 23 percent of their time working outside the office, during which time over 85 percent make work calls on smartphones.
  • Have I struggled finding good smartphone apps to use for work?
    Although a majority of lawyers responding to the 2012 ABA Legal Technology Survey use their own personal devices for work (making them part of the growing Bring Your Own Device, or BYOD, movement), two-thirds have never downloaded a general business app, while even fewer have tried a legal-specific smartphone app.
  • Have I ever forgotten or been unable to bill my time spent on the phone?
    You’re human and you’re busy, so you’re probably like most lawyers, who estimate that they lose a conservative five billable hours related to phone calls each month. Some of these hours are for forgotten, undocumented, or untimed calls. Others come from time spent reconstructing the call history for billing purposes, an arduous and inaccurate task.

If you answered yes to these questions, then that ubiquitous productivity tool – your smartphone – may make you more productive but still not help your bottom line. At an average hourly billable rate of $250, an office of four lawyers stands to lose nearly $5,000 every month, just on billable phone time.

With numbers like these, it’s never been more important that attorneys have access to timekeeping solutions that make it simple to track billable hours while on the phone. There are many time-trackers on the market, but common complaints about them include:

  • They’re too complex and full of bells and whistles that I will never use” (just like my friend with the fancy new flip phone).
  • “They require the use of a timer, which I often forget to start and stop.”
  • “They don’t capture time on the desktop phone, where I make the majority of my calls.”
  • “There’s too much manual entry required to create detailed records. Postponing the entry does nothing to alleviate the chore of billing reconciliation at the end of the month.”

When evaluating the options, consider these requirements:

  • Choose a solution that’s so simple, compliance is a snap.
    Look for a solution that is compatible with both mobile and desktop phones. From here, you can easily capture the call details and duration as it happens, no matter which device you’re using. In seconds, you can ensure that every minute spent on the phone is billed.
  • Simplify the billing reconciliation process with 24×7 access to the captured call data.
    A worthwhile solution will reclaim the hours previously spent digging through voicemail, paper phone messages, calendar appointments, and mobile call logs to reconstruct billable phone time. The internet is the perfect platform for the billing staff to gain access to captured call data from any browser whenever and wherever needed.
  • Impress your clients with descriptive, auditable billing records.
    Capturing comprehensive call details as they happen will improve your billing accuracy and show your clients exactly what they’re paying for. The more detail you can provide, the more they will trust your records, and the more likely you will be to collect on each invoice. Greater detail will help speed up your billing reconciliation time as well.
  • Minimize training time and increase usage by ensuring that the app is virtually identical on any device.
    If the process of capturing call information is the same on both office and mobile phones, it will quickly become a habit, no matter which device is in use. Consolidating the records generated from every device in a single, intuitive place online will help billing staff easily export and create line items for invoices.

While many time-trackers offer bells and whistles that sound great on paper, their complexity leaves many lawyers feeling like my friend who couldn’t figure out how to make a call on his new flip phone. Focus on simplicity to find a telephone timekeeping solution that you’ll actually use. An app that works automatically on any device will eliminate lost revenue for billable phone time, provide an audit trail for your clients, and allow your lawyers to be both productive and profitable.

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“The Power of Professionalism:” An Attorney’s Take on the Nexus Between Professionalism and Personal Success

The National Law Review a top volume legal news website

Professionalism serves as a constant in the legal profession but its potential benefits remain untapped. Among practicing attorneys, professionalism vacillates in between a theoretical concept and the more mundane aspect of working in a law firm environment. We study the topic in law school, abide by the Model Rules of Professional Conduct in our careers, are warned by our bosses of the consequences of acting in a manner not deemed professional. But can embracing professionalism elevate us in our own careers? Can professionalism uplift the legal community as a whole? Can professionalism serve as an omnipotent guidepost to attorneys across the spectrum?

Gregory Gallopoulos, Senior Vice President, General Counsel and Corporate Secretary for General Dynamics and selected keynote speaker for the upcoming 13th Annual SuperConference, seems to thinks so. In his speech entitled “The Power of Professionalism” that addresses in-house attorneys across the country at the SuperConference, Mr. Gallopoulos plans to explore the nexus between professionalism and personal success. In doing so, he simultaneously reframes professionalism from an abstract notion to a philosophy encompassing the hallmarks of law, as well as brings a sense of vigor back to the legal field.

In an interview with me regarding his speech, Mr. Gallopoulos explicated on professionalism, its upsides and consequences and how he envisions the legal industry. He identified key attributes of a professional in the legal industry as one who renders objective and independent counsel, free of barriers. The professional in her legal capacity is one with a mastery of legal knowledge and an adherence to ethical standards that are more rigorous than the norms.

In his analysis of how an attorney can embrace professionalism. Mr. Gallopoulos stressed the commerce-dominated world the attorney inhabits. He theorized that the legal professional must act intentionally in the interest of the law over monetary and ancillary factors. Moreover, the legal professional must constantly ensure her own independence– while attorneys owe a duty of loyalty to their clients, they cannot be dominated by their clients’ interests. Rather, they must strive to be objective and render advice based on the situational circumstances.

If the attorney is successful in doing so, she will enact the role of a professional as opposed to just an employee. Mr. Gallopoulos distinguished the two based on the professional’s obligations to the ethical standards of the profession that transcend employee duties. For instance, the professional’s advice cannot be tied to the employer-employee relationship if it is truly objective and independent. Instead, the lawyer’s obligation to the legal system supersedes that to his workplace.

Mr. Gallopoulos argued that the benefits are twofold in that attorneys who conduct themselves professionally empower themselves in the workplace. By providing objective and independent counsel and assisting others, an attorney can gain stature that leaves her qualified, in turn safeguarding her job security. Secondly, the attorney can also earn personal success when acting in a professional manner. Mr. Gallopoulos stressed the personal satisfaction that comes from contributing to the profession and earning the approval of one’s peers.  He also established the common sense argument that the sought-after attorney is one who has impeccable judgment– that which is independent and objective.

But there are difficulties associated with acting in a professional capacity and Mr. Gallopoulos acknowledged this. The reality is that the world may not be prepared to hear independent and objective advice, regardless of whether these attributes may be the essence of the profession. However, Mr. Gallopoulos suggested that the competent lawyer can provide counsel to her clients with a sense of empathy that displays a commitment to assisting the client.

The question of whether professionalism serves a purpose in the contemporary legal setting still remains.  Mr. Gallopoulos readily pointed out that though it is far too easy to focus on pension plans and billable hours, the law is more than a means of earning livelihood. In his interactions with young attorneys, many of whom appear unhappy practicing law, he has noticed a failure to make professionalism a priority which would have provided them with a sense of contentment. In today’s evolving legal profession which has been affected by the failing economy, he urges attorneys to take the road less travelled and maintain professionalism, thereby contributing to the legal profession as a whole. In his portrait of professionalism, he depicted a structured legal profession that will flourish when its own thinking and methodology is shared and promoted by attorneys alike.

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“Innovation Meets Insight:” An Intellectual Property Expert’s Take on the Revised America Invents Act (AIA)

The National Law Review a top volume legal news website

Speaking of the latest developments in the legal field, legislation for the Leahy-Smith American America Invents Act (“AIA” or “Act”) was signed by President Obama and passed in September of 2011 and has gone into full implementation this past March. The Act massively overhauls U.S. patent laws and sets forth the most comprehensive, sweeping changes to the U.S. patent system since 1836.

In an exciting era for intellectual property, David Kappos, one of the world’s leading experts on intellectual property law and a partner at Cravath, Swaine & Moore LLP, recently sat down with me to discuss the revisions to the AIA and their implications. Mr. Kappos ended his term as director of the U.S. Patent and Trademark Office (“USPTO”) this past January, where he acted as advisor to the president on intellectual property policy matters. He will serve as keynote speaker for the upcoming 13th Annual SuperConference, where he will present the new-and-improved AIA to an audience of senior-level legal professionals. In doing so, Mr. Kappos will introduce a revolutionary patent system in which “innovation meets insight.”

However, the AIA almost did not materialize due to its largely stagnated history. Initial calls for changes to the patent system began in the 1980s, but negotiations for the actual legislation did not start until 2001. Mr. Kappos was in private practice at that time and helped with the negotiations. It took nearly five session of Congress for the legislation to finally gain approval.

The ensuing legislation affects many tenants of the patent system. Among the most prominent amendments to the Act is the U.S.’s conversion from a first-to-invent system to a first-to-file system, resulting in the first inventor to file an application with the USPTO for the claimed invention to be granted the patent. In addition, improvements have been made to the post-grant challenge system, resulting in the ability of an inventor to appeal to the USPTO to reconsider any issues related to granting approval of a patent.

According to Mr. Kappos, the AIA espouses a modern, pro-innovation outlook that has “leapfrogged” legislation. The patent system tends to treat innovation as highly valuable and offers incentives. For example, the U.S. now retains an interest-based system for enabling third parties to participate in the patent process.

The Act’s pervasiveness has led to progress and evolution in numerous industries. Mr. Kappos identified the life sciences and pharmaceutical sectors of the business community, which among other fields, have been granted supplemental examination, thus enabling patent owners to request timely additional examination of their inventions by the USPTO for further consideration. The finance and banking industry is expected to progress, due to the covered business method which permits parties to request a post-grant review hearing, providing patent owners an alternative to litigation for challenging a decision related to a patent. For small inventors, a new category has been carved into the Act for 75% off of fees owed to the USPTO associated with obtaining a patent.

Mr. Kappos believes that the legislation will overall bring more clarity to the U.S. innovation system. He characterized the AIA as a “more streamlined and effective way to perfect your innovations.” Any person or business seeking a patent will find a more clear, efficient and cost-effective arrangement in the AIA.

As far as the legal community catching up to the legislation, Mr. Kappos points out that there are numerous changes in the law and recommends attorneys read about the Act and focus on the modifications. The revisions are also great fodder for exchanging ideas and asking questions to other members of the IP field because there are multiple angles to look at.

Overall, Mr. Kappos has said that progress in terms of innovation is amazing and things that were unimaginable five to ten years ago are now possible due to invention and technology. He is optimistic about the future and the ability of technology to change the equation. In his own words,  “Through innovation we — humanity — has the ability to meet and overcome our most critical challenges. And when you talk about innovation, you are talking about invention and insight.  And following that thread, there is only one system of laws that protects invention, incenting it and encouraging creative people to spend their resources on it.  That one system of laws: the patent system.”

 

Price Transparency and the Legal Marketplace

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My teenage children don’t know a world without the internet; a place where the sum of all human wisdom is a few clicks away.
Or where it’s really easy to research and buy the latest videogame.

 

Aside from the democratization of information and sharing enabled by the internet, the biggest impact of the web in most people’s lives is how it has transformed the consumer experience.  It has done so in two important ways:  by creating unprecedented levels of transparency and removing friction from the purchase process.   In nearly every industry, a wealth of information is available to consumers prior to making a purchase:  what the options are, differences between products, user feedback, and price transparency.  With full information about products, including price, the internet makes comparison shopping easy.

 

And with all of that information, purchasing is smoothed out as well.  Web services continue to refine the art of removing friction from the purchase process.  Amazon aggressively knocked down reasons to purchasing goods in brick-and-mortar stores.  Uber removed the transactional choke points from cab rides.  iTunes made it easy to buy music on an a la carte basis.  Much of the consumer internet continues to iterate and expand on the winning concept of blending ever-higher levels of information with ever-smoother transaction processing.

 

This online purchasing revolution has also reached beyond everyday consumer goods and services.  Buying insurance, trading stocks, even government licensing – all have been streamlined online.

 

But there’s one notable area that has remained largely impervious: legal services.  Despite some increases in transparency on lawyer backgrounds (Avvo) and do-it-yourself online legal forms (LegalZoom), the legal marketplace has seen nothing approaching the change in consumer empowerment and ease of transacting experienced in virtually all other industries.
It’s not as if legal services is a tiny economic niche.  The market for legal services in the U.S. is worth over $250 billion per year, and nearly 40% of that is made up of consumer legal spending.  Rather, a mixture of byzantine regulation, barriers to market entry, and restrictions on common forms of marketing have kept consumers from experiencing the same form of experimentation and innovation that has transformed the delivery of so many other goods and services:

  • Until the late 1970’s, lawyers in the U.S. could not advertise in any meaningful way, and many states still have laws on the books prohibiting lawyers from using common advertising techniques.
  • Non-lawyers cannot own even a minority interest law firms, preventing outside investment in the industry and removing the ability to offer equity compensation to talented non-lawyer leaders.
  • Except in limited circumstances, attorneys are prevented from participating in services that attempt to match clients with lawyers based on specific legal circumstances.
  • Rules based on the geographic location of an attorney prevent many forms of remote counseling, even when the matter in question is not dependent on a given state’s law.
  • Legal obligations in most states make it difficult for attorneys to offer limited-scope services that attempt to counsel or coach consumers through specific legal issues rather than engage in full-blown client advocacy.

Some of these restrictions are rooted in a learned profession’s reliance on tradition and resistance to rapid change, and much of it stems from a desire to protect clients and ensure the quality of legal work.  But a consequence of the locked-down nature of the industry is that many consumers who would otherwise use legal services do not avail themselves of them.

 

It’s not hard to see why.  There’s no way to shop for a lawyer-reviewed estate plan the way you would for a pair of shoes or a flight to Mexico.  And beyond price transparency, attorneys and law firm have shown little interest in marketing fixed-price, entry-level offerings that work fine for a large percentage of consumers.  Instead of leading with such offers and then upselling to those needing more involved help, the vast majority of lawyers treat every client as being in need of a custom solution.

 

It’s a shame for both consumers and lawyers. Many consumers who choose to do without a lawyer’s help are no doubt getting suboptimal outcomes in their legal matters.  And lawyers, by failing to deliver the transparency and ease of transacting that consumers have become used to, are missing out on a massive, underserved market.

–          Josh King is vice president and general counsel of Avvo.com, the web’s largest legal Q&A platform, directory and marketplace.

NLR 2011 Law Student Writing Competition

The National Law Review would like to remind you of the Winter Law Student Writing Contest deadline is November 21st!

The National Law Review (NLR) consolidates practice-oriented legal analysis from a variety of sources for easy access by lawyers, paralegals, law students, business executives, insurance professionals, accountants, compliance officers, human resource managers, and other professionals who wish to better understand specific legal issues relevant to their work.

The NLR Law Student Writing Competition offers law students the opportunity to submit articles for publication consideration on the NLR Web site.  No entry fee is required. Applicants can submit an unlimited number of entries each month.

  • Winning submissions will initially be published online in November and December 2011.
  • In each of these months, entries will be judged and the top two to four articles chosen will be featured on the NLR homepage for a month.  Up to 5 runner-up entries will also be posted in the NLR searchable database each month.
  • Each winning article will be displayed accompanied by the student’s photo, biography, contact information, law school logo, and any copyright disclosure.
  • All winning articles will remain in the NLR database for two years (subject to earlier removal upon request of the law school).

In addition, the NLR sends links to targeted articles to specific professional groups via e-mail. The NLR also posts links to selected articles on the “Legal Issues” or “Research” sections of various professional organizations’ Web sites. (NLR, at its sole discretion, maydistribute any winning entry in such a manner, but does not make any such guarantees nor does NLR represent that this is part of the prize package.)

Why Students Should Submit Articles:

  • Students have the opportunity to publicly display their legal knowledge and skills.
  • The student’s photo, biography, and contact information will be posted with each article, allowing for professional recognition and exposure.
  • Winning articles are published alongside those written by respected attorneys from Am Law 200 and other prominent firms as well as from other respected professional associations.
  • Now more than ever, business development skills are expected from law firm associates earlier in their careers. NLR wants to give law students valuable experience generating consumer-friendly legal content of the sort which is included for publication in law firm client newsletters, law firm blogs, bar association journals and trade association publications.
  • Student postings will remain in the NLR online database for up to two years, easily accessed by potential employers.
  • For an example of  a contest winning student written article from Northwestern University, please click here or please review the winning submissions from Spring 2011.

Content Guidelines and Deadlines

Content Guidelines must be followed by all entrants to qualify. It is recommended that articles address the following monthly topic areas:

Articles covering current issues related to other areas of the law may also be submitted. Entries must be submitted via email to lawschools@natlawreview.com by 5:00 pm Central Standard Time on the dates indicated above.

Articles will be judged by NLR staff members on the basis of readability, clarity, organization, and timeliness. Tone should be authoritative, but not overly formal. Ideally, articles should be straightforward and practical, containing useful information of interest to legal and business professionals. Judges reserve the right not to award any prizes if it is determined that no entries merit selection for publication by NLR. All judges’ decisions are final. All submissions are subject to the NLR’s Terms of Use.

Students are not required to transfer copyright ownership of their winning articles to the NLR. However, all articles submitted must be clearly identified with any applicable copyright or other proprietary notices. The NLR will accept articles previously published by another publication, provided the author has the authority to grant the right to publish it on the NLR site. Do not submit any material that infringes upon the intellectual property or privacy rights of any third party, including a third party’s unlicensed copyrighted work.

Manuscript Requirements

  • Format – HTML (preferred) or Microsoft® Word
  • Length – Articles should be no more than 5,500 words, including endnotes.
  • Endnotes and citations – Any citations should be in endnote form and listed at the end of the article. Unreported cases should include docket number and court. Authors are responsible for the accuracy and proper format of related cites. In general, follow the Bluebook. Limit the number of endnotes to only those most essential. Authors are responsible for accuracy of all quoted material.
  • Author Biography/Law School Information –Please submit the following:
    1. Full name of author (First Middle Last)
    2. Contact information for author, including e-mail address and phone number
    3. Author photo (recommended but optional) in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 150 x 200 pixels.
    4. A brief professional biography of the author, running approximately 100 words or 1,200 characters including spaces.
    5. The law school’s logo in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 300 pixels high or 300 pixels wide.
    6. The law school mailing address, main phone number, contact e-mail address, school Web site address, and a brief description of the law school, running no more than 125 words or 2,100 characters including spaces.

To enter, an applicant and any co-authors must be enrolled in an accredited law school within the fifty United States. Employees of The National Law Review are not eligible. Entries must include ALL information listed above to be considered and must be submitted to the National Law Review at lawschools@natlawreview.com. 

Any entry which does not meet the requirements and deadlines outlined herein will be disqualified from the competition. Winners will be notified via e-mail and/or telephone call at least one day prior to publication. Winners will be publicly announced on the NLR home page and via other media.  All prizes are contingent on recipient signing an Affidavit of Eligibility, Publicity Release and Liability Waiver. The National Law Review 2011 Law Student Writing Competition is sponsored by The National Law Forum, LLC, d/b/a The National Law Review, 4700 Gilbert, Suite 47 (#230), Western Springs, IL 60558, 708-357-3317. This contest is void where prohibited by law. All entries must be submitted in accordance with The National Law Review Contributor Guidelines per the terms of the contest rules. A list of winners may be obtained by writing to the address listed above. There is no fee to enter this contest.

Congratulations to our Spring 2011 Law Student Writing Contest Winners!

Spring 2011:

NLR 2011 Law Student Writing Competition

The National Law Review would like to remind you of the Winter Law Student Writing Contest deadline is November 21st!

The National Law Review (NLR) consolidates practice-oriented legal analysis from a variety of sources for easy access by lawyers, paralegals, law students, business executives, insurance professionals, accountants, compliance officers, human resource managers, and other professionals who wish to better understand specific legal issues relevant to their work.

The NLR Law Student Writing Competition offers law students the opportunity to submit articles for publication consideration on the NLR Web site.  No entry fee is required. Applicants can submit an unlimited number of entries each month.

  • Winning submissions will initially be published online in November and December 2011.
  • In each of these months, entries will be judged and the top two to four articles chosen will be featured on the NLR homepage for a month.  Up to 5 runner-up entries will also be posted in the NLR searchable database each month.
  • Each winning article will be displayed accompanied by the student’s photo, biography, contact information, law school logo, and any copyright disclosure.
  • All winning articles will remain in the NLR database for two years (subject to earlier removal upon request of the law school).

In addition, the NLR sends links to targeted articles to specific professional groups via e-mail. The NLR also posts links to selected articles on the “Legal Issues” or “Research” sections of various professional organizations’ Web sites. (NLR, at its sole discretion, maydistribute any winning entry in such a manner, but does not make any such guarantees nor does NLR represent that this is part of the prize package.)

Why Students Should Submit Articles:

  • Students have the opportunity to publicly display their legal knowledge and skills.
  • The student’s photo, biography, and contact information will be posted with each article, allowing for professional recognition and exposure.
  • Winning articles are published alongside those written by respected attorneys from Am Law 200 and other prominent firms as well as from other respected professional associations.
  • Now more than ever, business development skills are expected from law firm associates earlier in their careers. NLR wants to give law students valuable experience generating consumer-friendly legal content of the sort which is included for publication in law firm client newsletters, law firm blogs, bar association journals and trade association publications.
  • Student postings will remain in the NLR online database for up to two years, easily accessed by potential employers.
  • For an example of  a contest winning student written article from Northwestern University, please click here or please review the winning submissions from Spring 2011.

Content Guidelines and Deadlines

Content Guidelines must be followed by all entrants to qualify. It is recommended that articles address the following monthly topic areas:

Articles covering current issues related to other areas of the law may also be submitted. Entries must be submitted via email to lawschools@natlawreview.com by 5:00 pm Central Standard Time on the dates indicated above.

Articles will be judged by NLR staff members on the basis of readability, clarity, organization, and timeliness. Tone should be authoritative, but not overly formal. Ideally, articles should be straightforward and practical, containing useful information of interest to legal and business professionals. Judges reserve the right not to award any prizes if it is determined that no entries merit selection for publication by NLR. All judges’ decisions are final. All submissions are subject to the NLR’s Terms of Use.

Students are not required to transfer copyright ownership of their winning articles to the NLR. However, all articles submitted must be clearly identified with any applicable copyright or other proprietary notices. The NLR will accept articles previously published by another publication, provided the author has the authority to grant the right to publish it on the NLR site. Do not submit any material that infringes upon the intellectual property or privacy rights of any third party, including a third party’s unlicensed copyrighted work.

Manuscript Requirements

  • Format – HTML (preferred) or Microsoft® Word
  • Length – Articles should be no more than 5,500 words, including endnotes.
  • Endnotes and citations – Any citations should be in endnote form and listed at the end of the article. Unreported cases should include docket number and court. Authors are responsible for the accuracy and proper format of related cites. In general, follow the Bluebook. Limit the number of endnotes to only those most essential. Authors are responsible for accuracy of all quoted material.
  • Author Biography/Law School Information –Please submit the following:
    1. Full name of author (First Middle Last)
    2. Contact information for author, including e-mail address and phone number
    3. Author photo (recommended but optional) in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 150 x 200 pixels.
    4. A brief professional biography of the author, running approximately 100 words or 1,200 characters including spaces.
    5. The law school’s logo in JPEG format with a maximum file size of 1 MB and in RGB color format. Image size must be at least 300 pixels high or 300 pixels wide.
    6. The law school mailing address, main phone number, contact e-mail address, school Web site address, and a brief description of the law school, running no more than 125 words or 2,100 characters including spaces.

To enter, an applicant and any co-authors must be enrolled in an accredited law school within the fifty United States. Employees of The National Law Review are not eligible. Entries must include ALL information listed above to be considered and must be submitted to the National Law Review at lawschools@natlawreview.com. 

Any entry which does not meet the requirements and deadlines outlined herein will be disqualified from the competition. Winners will be notified via e-mail and/or telephone call at least one day prior to publication. Winners will be publicly announced on the NLR home page and via other media.  All prizes are contingent on recipient signing an Affidavit of Eligibility, Publicity Release and Liability Waiver. The National Law Review 2011 Law Student Writing Competition is sponsored by The National Law Forum, LLC, d/b/a The National Law Review, 4700 Gilbert, Suite 47 (#230), Western Springs, IL 60558, 708-357-3317. This contest is void where prohibited by law. All entries must be submitted in accordance with The National Law Review Contributor Guidelines per the terms of the contest rules. A list of winners may be obtained by writing to the address listed above. There is no fee to enter this contest.

Congratulations to our Spring 2011 Law Student Writing Contest Winners!

Spring 2011: