Tag: law firm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

© 2019 Page2 Communications. All rights reserved.

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

Communicate with Clarity and Precision: Five Steps to Improve Your Efficacy

Can You Still Hear Me, Now?

Over-connected. In the history of human life, we have never been so connected to one another. In fact, with the explosion of the internet and social media, social scientists caution on the impact to our over-connected brains.

Per Brandwatch, the world’s leading social intelligence company:

With all this connection, even the most efficient communicators are taxed. According to Gigoam, an international digital tracking firm, Americans consume 31.4 gigabytes of data monthly, primarily on mobile devices. How does that equate to words? Statistically, that’s roughly 100,000 words per day, on average, that Americans consume. Wow!

As technology brings more avenues for communication to our personal and work lives, it’s important for lawyers to keep an eye on their personal communications practices to remain effectual.

In a reasonably short timeframe, people have gone from snail mail to email to messaging each other via social media platforms. And, our society has embraced the new ways of communication in everyday life. The fun fact remains that we are caught in an evolving new normal.

A 2014 Gallup surveyed 1,015 people on how frequently they used various communication methods the previous day. Seventy-three percent of respondents reported they had read or sent a text every day. Eighty-two percent had made a phone call on a cell phone. Seventy percent had sent or received an email, and 55 percent had used social media to communicate.

Recognizing that communications platforms continue to emerge with essentially an infinite number of data and media messages incessantly bombarding us, we must be highly sensitized to our communication styles if we ever want to be heard by our desired audiences.

Lawyers rely greatly upon the spoken word in their work so perfecting their communication style is a wise investment.

Below are five quick tips:

  1. Think before you speak. No, really. Humans have a tremendous capacity to listen, absorb and respond to messages at a relatively high rate. Because of this, it is very tempting to get caught up in the fast-paced process (depending upon in what part of the country you live) and instead of actively listening and absorbing your audiences’ messages, you volley back and forth in the interaction, sometimes faster than your mind can compute.

To become a more effective communicator, one must demonstrate a disciplined approach in your oral communications. Before responding too quickly, put the brakes on to consider the impact of your words, verifying whether it is in your or your audience’s best interest to respond so quickly as to either short circuit the communications process and/or suffer the consequences of an ill-timed response. We adapt a 20-second rule. Before you respond, take 20 seconds (at minimum) to consider the implications of your words. Better to be a bit delayed with our response than to kick ourselves later for the words that impulsively escaped through your lips.

  1. audience considerConsider your audience. The same message is not appropriate for every audience. As a private practicing lawyer, what you say to a referral source about your legal focus may be different then how you would explain it to a client or contact. The question to ask is “why would anyone care”? and “what is most important to my audience”? Let these questions guide your communications, both verbal and written.
  2. Listen first and second, and then speak. We do not learn when we are speaking. It is imperative that as professional services providers that we actively listen to our audience to learn how we may help them.
  • Remove distractions immediately. Check the room temperature and light and sound in the room and within proximity. Create a positive environment in which to assure maximum attention and exchange of ideas.
  • Turn off your mobile device (even on vibrate, it can be distracting and disruptive) or leave it in your office.
  • Learn from your speaking partner (whether this is a client, referral source or other valuable contact) by asking select open-ended questions and then really listen to his/her responses to guide further conversation. Be curious.
  1. Speak to be heard; message sent/message received. Mind the communications gap. Too many miscommunications occur when we “think” we told someone (message sent) but found out later either did not and/or the listener did not remember it (message received) as we remembered sending it. It matters not where the miscommunication occurred but rather how to avoid miscommunications. First, refer to tip #1 above: think before you speak to ensure that you are in control of your message. Second, to become a more effective speaker, you are well advised to confirm with your audience that the message received is the message you intended to send.

How do you do this? Ask for feedback “are you with me?” “Does this make sense?” Adapt these feedback questions to your natural communications style and you will likely see eyes light up when you speak.

  1. Accentuate the positive; look inside first. Individuals who choose to lead with the negative often find they are talking only to themselves. Nobody wants to listen to negativity, especially when there is so much coming at us from the media and various social media channels. Learn the positive approach via disciplined practice and/or having a pal send you a signal if you “go off the ‘positive’ reservation”.

BONUS: Make every word count. KISS – – keep it short and simple. Do not offend your audience by offering too many examples when they understand your point in one. Treat words as the golden charms that they are. We simply have too many words in our day to waste the excess unnecessarily.

Becoming a more effective communicator requires a concerted effort, practice and willingness to adapt to new ways of thinking. There are few things more impactful than to present your well-crafted message and to be understood through the spoken and written word.

© 2019 KLA Marketing Associates.

More on successful legal communications on the National Law Review Law Office Management page.

Legal Research News; Law Firm Updates and Awards and Law School Admission Changes: September 9, 2019

Labor Day is in the rearview, and the legal world churns on, with new developments, innovations and changes coming in on an almost a daily basis.  This week’s update on the trending news in the legal industry features Clark Hill merging with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese, former FedEx Senior Vice President responsible for US Litigation joins Bradley, and six attorneys from Le Clair Ryan move to Fox Rothschild.

Read on to learn more about what’s happening.

Law Firm Hires, Moves and Mergers

Michael Best recently announced the addition of Mark Yacura to the firm’s Washington DC office.  A seasoned attorney with more than 30 years of experience, he will join Michael Best as a partner and focus on FDA Regulatory issues.  In his career, he has advised his clients on FDA approval and clearance processes, and worked on matters regarding synthetic pharmaceuticals, biotechnology diagnostics, medical devices and conventional foods, along with regulatory matters involving other agencies, such as the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC), among others.

Eric Callisto, Group Chair of Michael Best’s Regulatory Practice, sees Yacura’s experience as crucial in advising the firm’s international and domestic clients on the shifting political landscape.  Callisto calls Yacura “highly respected” and says, “it’s an honor to welcome him to our team in the Beltway.”

Conne Lensing Fed Ex Bradley
Connie Lewis Lensing

Bradley announced that Connie Lewis Lensing, formerly in house at Fed Ex, has joined the firm’s Nashville office.  Lensing had a long and storied career at Fed Ex, where she most recently served as the Senior Vice President responsible for U.S. Litigation.  In her role at Fed Ex, she pioneered the idea of an in-house law firm, bringing litigation and trial responsibilities into the corporate legal department and also  oversaw litigation across the  United States and the Virgin Islands, with an emphasis on employment matters as well as antitrust, governmental actions, and EEOC (Equal Employment Opportunity Commission charges.

Along with being a trailblazer of corporate legal services, Lensing also demonstrated her commitment to civil justice as the Vice-Chair of the Board of Directors and as Chair of the Executive Committee of the US Chamber of Commerce’s Institute for Legal Reform; additionally, she has leadership roles in the organization the Lawyers for Civil Justice.

Throughout her career Lensing has seen the experience of women in legal dramatically changed.  This life experience has given her insight, and she shares her insights by mentoring young women attorneys and championing them.   Kim Martin, chair of Bradley’s Litigation Practice Group, calls Lewis-Lensing’s record of mentoring younger attorneys as “fantastic.”  She says, “We look forward to including her insights and experience in this area to further support Bradley’s mentoring efforts.”

Bradley Nashville Office Managing Partner Lela Hollabaugh calls Lensing joining Bradley “a thrill” and “a tremendous honor” to partner with Lensing as she “enters a new phase of her career as a litigator and innovator in private practice.”

Fox Rothschild LLP recently welcomed six attorneys from Le Clair Ryan to be spread across the firm’s Washington DC, Texas, and New Jersey offices.

Joining the Washington DC office are four attorneys, with Robert Fletcher and Brian W. Stolarz coming in as partners and Kristin W. Broz as counsel in the litigation group.  Ashleigh R. Eames joins the firm as an associate, working in the labor and employment practice group.  Fletcher works with corporate clients on litigation in industries such as retail, government, insurance, pharmaceutical and biotechnology.  Stolarz works with clients on white collar criminal defense, with an emphasis on False Claims Act defense and securities enforcement.  He also assists with internal investigations and securities enforcement.  Broz has experience in class action litigation, and her background also includes experience with US and international regulations, consumer protection data privacy matters. Also joining the DC office is Ashleigh R. Eames, she will be an associate in the labor and employment practice, focusing on wage and hour issues and leave and accommodation matters, as well as hiring and workplace compliance matters.

William E. Hammel joins the firm as a partner focusing on labor and employment matters in Dallas, Texas, he has broad experience across labor and employment law, and in arbitration and litigation, but he has a focus on avoiding litigation through prevention and training, utilizing internal auditing tools and conducting investigations. His Texas roots run deep, with a JD from Baylor University and a BA from the University of Texas.

Christopher L. Pizzo joins Fox Rothschild as a partner in the corporate group in the Morristown, New Jersey office. He has a diverse group of clients, frequently working in industries that have a lot of regulation, and focusing on corporate, transactional and Mergers and Acquisitions.

In other big moves, Clark Hill recently announced it was joining forces with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese (GCMAS), with six attorneys joining Clark Hill, four as members, two as senior counsel.  This combination grows Clark Hill’s presence in Las Vegas.  Donald Ridge, Member in Charge of Clark Hill’s Los Angeles, San Francisco and Las Vegas offices, says “We’re excited about the combination as the team brings significant litigation and trial experience, along with a strong presence and network in Nevada that will benefit all of our clients.”

Dominic Gentile Attorney
Dominic Gentile

The attorneys from Gentile Cristalli Miller Armeni Savarese will work out of Clark Hill’s Las Vegas office.  Dominic Gentile, a founding member of GCMAS is a trial attorney with an impressive record of representing his clients in white collar and bet-the-company litigation matters, nationally and internationally on civil, criminal, securities and commercial fraud investigations and litigations.  Gentile is involved in a variety of organizations associated with trial and litigation law, and he has a long career teaching trial advocacy and evidence at law schools across the country.  Michael Cristalli will be a member with Clark Hill, using his experience representing clients in complex criminal, corporate and civil litigation matters.  Some of the cases he worked on may seem familiar, as they have been featured on dateline NBC, CBS 48 Hours, and Cristalli has been a legal analyst on shows like Good Morning America, MSNBS and Fox and Friends.  Ross Miller is a former Secretary of State of Nevada, the youngest to serve in this role in both Nevada and in the country. In this position, he oversaw Commercial Recordings, Securities, Elections, Nevada Business Portal, and Notaries Public.   His public service also includes serving on State of Nevada Boards including the Board of Prison Commissioners, the Governor’s Office of Economic Development, and the State Audit Committee.  Along with this public service, Miller was the Deputy District Attorney in Clark County.  Paola Armeni will join Clark Hill as a Member, and she has a resume that includes representing clients in criminal defense and civil rights cases in Nevada state and federal courts.   Vincent Savarese has worked in federal criminal defense, constitutional law, federal civil rights and asset forfeiture, in complex litigation at the pretrial, trial and appellate stage in state and federal court. He will join Clark Hill as Senior Counsel.  Mark Dzarnoski is joining Clark Hill in the securities and investments group as a Senior Counsel having 30 years of experience.   He guides clients through allegations of criminal fraud and SEC/FTC investigations and civil enforcement actions. s.

Gentile indicates this is a merger based on shared values.  He says, “It was important to all of us that we merge with a firm that shared our client service philosophy, work ethic and values, and in Clark Hill we found the perfect alignment.” (image of Gentile?)

Law Firm Victories, Achievements and Awards

On September 3, 2019, Gilbert LLP announced that the Commercial Division for the Supreme Court for the State of New York ruled that Gilbert client, Michael Cohen, could continue his litigation against the Trump Organization, his former employer.  Cohen is arguing that the Trump Organization failed to provide attorneys’ fees and reimburse his costs in connection to a variety of legal proceedings and investigations.  Hunter Winstead, who serves as the lead attorney on the matter, indicated an intention to pursue this matter to conclusion, saying, “We intend to obtain full payment of Mr. Cohen’s claims.”

Just in time for back to school, Hinshaw & Culbertson LLP, announced the publication of their Third Edition of a 50 State Guide on Student Loan Servicing Regulations.  The second edition was published in June of 2018, and this edition captures the changes in the regulatory landscape of this industry, with 6 additional states enacting laws concerning student loan servicing: Colorado, Maine, Nevada, New Jersey, New York and Rhode Island.  The third edition covers changes up to May of 2019, and captures some of the updated regulations on licensing fees, processes and actions—demonstrating the steps loan servicers need to take to remain in compliance.  Additionally, changes made in regulation requirements in Washington, DC-based on court rulings are covered by the guide. In this rapidly shifting regulatory landscape, this guide is designed to be a quick reference for student loan servicers (but does not constitute legal advice or create an attorney-client relationship) with state by state summaries covering state laws, licensing processes, and loan servicers’ duties, as well as each state’s enforcement mechanisms. (link to guide?)

North Carolina law firm Poyner Spruill announced partners Karen Chapman, Sarah DiFranco, and Susie Gibbons were recognized as North Carolina Lawyers Weekly’s 2019 Women of Justice Award honorees.  This is a designation that recognizes the highest ideals of the legal profession, and women attorneys in North Carolina who demonstrate leadership, integrity, service, sacrifice and accomplishment in improving justice quality across the state.

Peter Friedenberg and Sara Jane Shanahan of Sherin and Lodgen were both recognized as a “Lawyer of the Year” in Best Lawyers.  Friedenberg was recognized for his work in Real Estate Law, and Shanahan was recognized for Litigation—Insurance.  This is a designation reserved for one attorney in each specialty and location who has received the highest overall peer-feedback for their specific practice area.

Legal Industry and Law School Developments

ScantronContinuing with the back to school theme of this edition of NLR’s Legal Industry Trends; at the end of August Berkeley Law School announced that it will now consider some applicants on the basis of a GRE or GMAT score, and those applicants can avoid the LSAT.  The GRE and GMAT will be accepted for those interested in concurrent or combined degree programs, or for those who are enrolled in graduate school at the time of their application to Berkeley Law.  Part of the reasoning behind this development is the school’s goal to admit “outside-of-the-box thinkers” and a holistic approach to application review, according to Kristin Theis-Alvarex, Assistant Dean of Admissions and Financial Aid.  She says, “Test scores—from any source—are important, but not dispositive.”  Dean Erwin Chemerinksy says, “Allowing these students to apply with the GRE and GMAT will further our interdisciplinary mission and help us to continue to attract outstanding law students.”  This move is part of a pilot program, and the school will evaluate the results of this decision over the next three years carefully to maintain ABA compliance.

ABA ReportOn the other end of the spectrum, The American Bar Association released its white paper, the ABA’s 2019 Profile of the Legal Profession. This report is the first of its kind from the ABA, crammed full of data about the state of the legal profession, compiling information from surveys, studies and reports about lawyers and law firms across the United States.  The report has specific sections devoted to lawyer demographics, pay, legal education, and specific information related to women attorneys, pro bono efforts and legal technology.  Some interesting points below:

  • Male attorneys still outnumber female attorneys, almost 2 to 1. Male attorneys are 64% of all attorneys while women attorneys are at 36%.
  • Most state bar associations do not track race and ethnicity of attorneys, but more did in 2019 (20 states) compared to 16 states tracking in 2009.
  • The average lawyer salary is $144,230, but increases have slowed down after the recession of 2008-09, but from 1998 to 2018 overall, lawyer salaries almost doubled, but the cost of living rose 53%.
  • Of the students who enroll in law school, 35% enroll right after undergrad and 65% take at least a year off between undergrad and law school. The most common reason cited for going to law school was a route to careers in politics, government or public service, at 44%.

Full of information and factoids, this report deserves a close reading by anyone interested in getting a handle on the legal industry.

Gartner, a leading research and advisory company, recently reported the results of a survey on cost-effective legal departments.  To provide this data, Gartner surveyed more than 140  companies in different locations,  industries and revenue size to identify those that spend in the lowest quartile of their peer group, while handling a similar workload.  Overall, the study indicated in house legal departments that invested in improving internal processes and growing internal capabilities with investments in staff training as well as standardizing legal work and developing legal ops capabilities were the most cost-effective.  In fact, 63% of in-house legal work is routine, and can be standardized, and departments that lack legal operations capabilities spend 30% more than those with those abilities.  These steps assist legal departments in bringing work in house and saving outside counsel expenditures for critical matters.

Michael Mayfield, research director in Gartner’s Legal & Compliance practice, says, “General Counsel also need to invest in the right areas to equip their teams to be successful, this is most clearly on display when looking at the differential in training spend between cost-effective legal departments and their higher-cost peers.”

That’s a wrap for this week.  We’ll have more later in the month!

Copyright ©2019 National Law Forum, LLC

Legal Industry News for August 12, 2019: Law Firm Updates, Hires, Awards and Legal Technology

Even though summer is still in full swing and folks are cycling through vacations, law firms and the legal industry continues to hum with activity.

Read on to see more on legal industry hires, recognitions, and new technology and research impacting the legal industry.

Law Firm Hiring, Strategic Partnerships and Expansions

Vincenzo Franco

Van Ness Feldman announces the return of Vincenzo Franco as a partner in the Electric and Renewable Energy Practices. Franco was at Van Ness Feldman from 2010-2014, and left the firm to work with Exelon Corporation, as Assistant General Counsel – Wholesale Trading Compliance and then Associate General Counsel at Exelon Corporation, where he led the compliance function for Constellation. With his return to VNF, Franco focuses on transactional, regulatory and enforcement matters representing utilities, generation owners, developers and other investors before FERC (Federal Energy Regulatory Commission). VNF Chair, Richard Agnew, indicated his excitement at Franco’s return. Agnew says, “His [Franco’s] in- house experience coupled with his knowledge of our clients makes Vincenzo an exceptionally strong addition to the firms highly regarded electric practice.”

Leading international technology and energy law firm Baker Botts LLP announced that it has formed strategic partnerships with the Cannon Houston, Station Houston and Capital Factory. These Houston organizations are designed to aid entrepreneurs and will specifically be working with Baker Botts’ Emerging Company and Venture Capital practice based in Palo Alto. The firm’s experience in advising entrepreneurs, emerging growth companies, investors and venture capitalists provides a valuable resource for the incubators and the entrepreneurs they nurture and host. Samantha Crispin, the Technology Sector Chair at Baker Botts points out this partnership will allow Baker Botts to work with a generation of Texas-based companies from their very inception. She says, “One of the most intriguing aspects of these partnerships is the expected cross-pollination of our Texas and California ECVC practices and that the most promising companies will gain exposure to potential investors, including those in Silicon Valley.”

Baker Botts Managing Partner John Martin embraces the opportunities for growth this partnership will provide. He says, “We have a history of working with emerging and technology companies throughout their full life cycle, and we expect these partnerships will expand those opportunities more broadly. Some of our firm’s largest clients are businesses with which we have worked since they were startups themselves.”

Dinsmore has expanded operations onto the East Coast, opening an office in the Boston Financial District. Three partners—Javier F. Flores, Eric V. Skelly and Brian Blaesser will lead the new office and the firm’s expansion into this region. The firm will primarily represent clients in litigation and real estate development in New England. With the opening of the office in Boston, Dinsmore now has a presence in 25 cities across the country.

Sherman & Howard announced they added two attorneys, Member James Beard and Associate Robert Thompson, to their Denver office in their Litigation, Trials and Appeals group.

Beard has been litigating complex civil and intellectual property matters for over ten years, with a particular emphasis on handling complex discovery matters. He has argued cases in federal courts across the country, and has handled matters before the International Trade Commission (ITC) and the U.S. Court of International Trade. Beard says, “With its history and reputation in Colorado, the Firm is uniquely positioned to serve the explosive growth of Denver’s high-tech market.”

Along with Beard, Sherman & Howard is also adding Robert Thompson as an Associate to the Litigation, Trials and Appeals practice group. Thompson’s practice will focus on securities litigation and enforcement matters. His previous experience in house at a leading financial institution has prepared him well for representing clients in SEC (Securities and Exchange Commission), DOJ (Department of Justice) and FINRA (Financial Industry Regulatory Authority ) investigations.  Katie Varholak, Litigation Practice Group Leader at Sherman & Howard, “Thompson’s background in finance, securities and complex corporate investigations positions him to serve a wide range of the firm’s clients.”

Kenneth A. Sherman and Virginia K. Trunkes

Robinson & Cole, a 200 attorney firm with offices throughout the northeast announced Kenneth A. Sherman and Virginia K. Trunkes joined the firm as counsel in the Construction practice.

Sherman is joining the Boston office, while Trunkes will be in the New York office. Sherman has experience assisting project owners, developers and general contractors, and others, in navigating construction disputes, and with drafting contracts, negotiation and entity formation.

Trunkes works with developers, apartment building, brownstone and condominium unit owners, and others, in negotiating contracts and adjacent-owner license access agreements. R+C Construction chair, Gregory R. Faulkner, says the attorneys are welcome additions and will help the firm strengthen its presence in the construction market, and “Their hands-on experience is an added value to our practice and further enhances our collective ability to provide the best service to our clients.”

Law Firm Accomplishments, Awards and Recognitions

McKool Smith, noted litigation firm, secured an insurance recovery victory on behalf of Pfizer in Delaware Superior Court. This victory allows Pfizer to continue to compel two excess insurers to cover the costs related to defend and settle multidistrict litigation surrounding pain treatments Celebrex and Bextra. McKool Smith principals Robin Cohen, Adam S. Ziffer and Marc Ladd represented Pfizer in this litigation. A Delaware state court judge awarded partial summary judgment, saying Arch Insurance Company and U.S. Specialty Insurance Company were unable to apply a “specific litigation exclusion” in their D&O policies, and that these insurers must help cover the cost of the $486 million settlement.

Diversity AbstractSeyfarth Shaw was recently recognized for its commitment to diversity and inclusion by the California Minority Counsel Program (CMCP) receiving the Drucilla Stender Ramey Majority-Owned Law Firm Award. The CMCP is a state-wide non-profit dedicated to opening up the legal profession to attorneys from all backgrounds, by providing attorneys of color with opportunities for business development. Seyfarth Shaw has offices in Sacramento, San Francisco, Los Angeles and Century City. The firm has a recognized commitment to diversity, and was also recently named a “Best Law Firm for Women” for the ninth year in a row, and was shortlisted for the 2019 Chambers USA Diversity & Inclusion Awards. The firm is especially proud of its “Rooney Rule” initiative, where for every open associate position, at least one diverse candidate is considered and interviewed.

Full-service law firm Pillsbury’s Corporate practice, in a review of M&A and private equity, was ranked among the Top 20 legal advisers in the US and Japan. Factset highlighted Pillsbury as a top 20 firm in Japan for M&A deals, and in the United States, the firm was in the top 20 for middle-market M&A transactions. Along those lines, Refinitiv listed Pillsbury in the top 20 for deal count for firms handling U.S. middle-market mergers and acquisitions, so far in 2019, and Bloomberg named Pillsbury in the top 20 for active law firm advising on deals valued up to 250 million. Pillsbury has over 100 experienced M&A attorneys across the firm’s twenty global offices.  Highlighted transactions for 2019 include Invitae Corp.’s acquisition of biotechnology company Jungla, Salarius Pharmaceuticals on its merger with Flex Pharma, and Intel’s acquisition of Barefoot Networks, just to name a few.

DirectWomen AwardsDirectWomen, dedicated to increasing the presence of women attorneys on corporate boards, will honor 2019 award recipients in October in New York City at the Sandra Day O’Connor Board Excellence Award Luncheon. These awards are given to recognize the efforts made by the recipients to increase corporate board diversity. The Sandra Day O’Connor Board Excellence Award honors women who have served on the board of a public company and have advanced the mission of diversity in the workplace. This year, Angela Braly, Co-founder of the Policy Circle and former Chair and CEO of WellPoint, now known as Anthem, among others, and Rose McKinney-James, Managing Principal of Energy Works LLC. PNC will be presented with the 2019 Board Diversity Award, which recognizes corporations that served as leaders in achieving board diversity by showing a commitment to diversity in the boardroom. Linda L. Addison, Immediate Past Managing Partner of Norton Rose Fulbright and Director, Torchmark Corporation will be recognized with the Distinguished Alumna Award, highlighting the accomplishments of an Alumnae who joined a large corporate board since completing the Institute. Finally, the Mary Ann Jorgenson Board Empowerment Award will be presented to DirectWomen Advisory Board Member Alan L. Beller, Senior Counsel, Cleary Gottlieb Steen & Hamilton LLP; Director, The Travelers Companies, Inc for his work preparing women attorneys to assume the responsibilities of board service.

Commercial Mortgage Alert once again ranked law firm Cadwalader, Wickersham & Taft LLP at the top of their commercial mortgage-backed securities (CMBS) tables, ranking Cadwalader as Number 1 for both Issuer Counsel and Underwriter Counsel, making it the 19th year in a row Cadwalader held that spot for Issuer Counsel. Further, the firm represented 58% of the issuer offerings floated in the United States in the first half of 2019, and 44% of the CMBS transactions on the underwriter side. Mike Gambro, co-chair of Cadwalader’s Capital Markets Group, says of the rankings, “We work with great clients who expect us to provide top-notch advice and service, and we are fortunate to have the results reflected in our position in the law firm rankings for so many years.” Cadwalader’s Capital Markets Group has attorneys based in New York, Charlotte, Washington, D.C., and London.

Legal Industry Technology, Research and Software Advancements

Qorus, a sales platform connecting contacts, content, and data, recently announced a Share & Track feature to their software. This addition enables user to send documents securely without attachments, and track how their contacts engage with those documents, such as proposals, pitches, and contracts. This enables sales teams to see and analyze which part of their proposal process is most important to their prospects, and they gain insight into their materials to ensure they create content that is engaging and effective.

Computer SoftwareThe documents are sent via tracked sharing links that can be inserted into messages to clients. These links, when clicked, track the engagement with the content and launch an online document viewer and the file can be viewed securely, providing the information securely to the prospect. The sales team can see how long the prospect looked at the document, which pages were looked at the most, and whether or not the document was passed on, providing valuable feedback on what really matters to prospects. Ray Meiring, Qorus CEO, explains “This creates a powerful feedback loop that tells the team how interested a potential buyer is, and gives them insight into the prospect’s true propensity to buy – allowing them to adjust their approach accordingly.”

With the constant concerns regarding cybersecurity and with increasing regulation on a variety of levels, the introduction of Digital Defense’s Frontline InsightTM with on-demand peer analysis of security risk metrics gives companies another arrow in their quiver to secure their data. Frontline Insight is accessible via Frontline.Cloud Digital Defense’s Saas security assessment platform. This allows Digital Defense users to access information to reduce their own security risk, and provide information on how to evolve and maintain their information security programs so that they perform at top levels. By offering comparison from an industry perspective, but also integrating suggestions based on organizational and employee size, the tool can highlight vulnerable areas and threats, and assist in the development of benchmarks. Larry Hurtado, President & CEO of Digital Defense says this is a useful product for companies looking to evaluate their data security practices in comparison to organizations similar in size and scope.  He says, “Frontline.Cloud enables clients to gauge their success in ways that previously required more intensive consultative studies. Now, this information is available with just a few clicks.”

Of particular interest to law firms as they look at managing law firm succession strategies as baby boomers exit the workforce and millennials assume greater responsibility is the results of a Manpower Group Survey, indicating only six percent of millennials want to be leaders, and just four percent want to manage others. The survey indicates that millennials, on a whole, are more interested in developing their own skill sets, and less interested in learning to manage and lead others. This suggests that law firms will be among the 84% of organizations facing a leadership shortfall, and developing a leadership pipeline for law firms, as well as client relationship management, will become increasingly important as firm leadership transitions become more complex and frequent.

Intapp has recently released a white paper The Modern CMO: Advancing Marketing From Reactive to Predictive. This paper discusses how adopting a modern approach to law firm business development, and harnessing data across the entire client lifecycle can lead to insights that drive smarter and more strategic decisions in law firms. Topics discussed include the role of the CMO as a change agent, smart collaboration in action and how to transition from a reactive to a predictive approach.

Copyright ©2019 National Law Forum, LLC

This article was written by Eilene Spear of The National Law Review / The National Law Forum LLC.
For more law office updates, see the Law Office Management page on the National Law Review.

The National Law Review’s Legal Industry Overview: July 22, 2019

The National Law Review staff uses this space to explore and recognize law firm changes, including new law firm hires. Additionally, we like to highlight law firm awards and individual attorney achievements, as well as explore technology and software developments that make legal research and law firm management easier and more efficient.

Law Firm Additions, Promotions and Hires

Bracewell LLP announced they added two public finance partners, Bill Mahomes and E. Steve Bolden II. The men have been practicing together for the past ten years, and they both have extensive experience in public finance projects.  Bracewell Managing Partner, Gregory M. Bopp says, “Bill and Steve are exceptional public finance lawyers. They have a strong public finance practice in Dallas and across Texas that will deepen the capabilities of our nationally-recognized team.”

Mahomes has experience in public infrastructure projects and P3s, and has served on the board of directors of the Dallas/Fort Worth International Airport and the Texas Turnpike Authority, giving his advice the heft of on the ground experience.  Bolden, along with his public finance work, also practices in corporate and securities law; specifically, experience in mergers and acquisitions in public and private companies.  In terms of his public finance practice, he focuses on bond counsel, disclosure counsel and underwriters’ counsel matters.

Alan Brunswick MSK Attorney
Alan M. Brunswick

Mitchell Silberberg & Knupp announced that Alan M. Brunswick will join the firm as a partner in the Los Angeles office.  Brunswick has established a practice representing clients in labor relations matters, specifically in the media and entertainment industry. His experience spans wrongful termination, employment discrimination, wage and hour as well as ERISA disputes in union and non-union settings. Before moving to law firms, Brunswick was the former Vice President and in-house counsel for the Association of Motion Picture & Television Producers.  Kevin Gaut, chairman of MSK, praises Brunswick’s reputation for creativity and intelligence, and he says, “Adding Alan to our team of sophisticated entertainment industry labor attorneys only strengthens MSK’s standing as a go-to firm for companies facing tough negotiations.”

Perkins Coie announced their Labor & Employment practice added three new partners—Richard B. Hankins and Brennan W. Bolt to their Dallas office, and Seth H. Borden to the Washington DC office.  All three bring experience in labor relations advising, and have experience working with corporations and in working with the NLRB.

Hankins has over twenty years of experience working with companies on a wide range of labor relations issues; with specific emphasis on working with companies on labor relations strategies during acquisitions and divestitures, as well as plant reorganizations.  Additionally, Hankins has experience before the NLRB and the US Circuit Courts of Appeals, arguing cases in over 15 regions of the NLRB.  Borden has built his career on helping organizations navigate labor relations strategies, including helping to negotiate collective bargaining agreements and labor arbitrations.  He has specific expertise in social media and other communications technologies and how they integrate into labor law.  Brennan works with employers, providing counsel on unfair labor practice proceedings, collective bargaining, strikes and boycotts.  He has litigated on the employer side on Title VII, the ADA, FMLA, FLSA, trade secrets and non-compete claims. Ann Marie Painter, Chair of the Perkins Coie Labor & Employment practice calls the addition of the attorneys a “valuable resource.”  She says, “When it comes to the labor and employment space, this group has a stellar and nationally recognized reputation as the go-to team for some of the world’s largest companies. They have successfully handled large-scale ‘bet-the-company’ labor cases, but can also nimbly aid employers of all sizes with their day-to-day labor issues.”

Additionally, Perkins Coie announced that Joydeep Dasmunshi has joined the Mergers & Acquisitions (M&A) practice as a partner in the Chicago office.  Dasmunshi has focused on middle-market M&A transactions, and his record includes a $4.25 billion airline acquisition, a $1.75 billion sale of a global valuation, corporate finance and governance-related advisor company to a private equity firm two years ago, and work with various middle-market portfolio companies in technology, media, financial services and healthcare.

Pallavi Banerjee
Pallavi Banerjee, PhD

Pallavi Banerjee, Ph.D. joins Womble Bond Dickinson as a Science Advisor in the firm’s Boston office. A former fellow with Boston Children’s Hospital and Harvard Medical School, Banerjee’s background in cell biology, cancer biology and immunology assists life sciences clients develop their patent portfolios.  She has experience working with biotech companies and universities on IP due diligence and drafting and prosecution of patent applications with the USPTO. Her research on cellular and molecular mechanisms of diseases and how to identify therapeutic targets using in vitro and in vivo mechanisms have been published in the Journal of Biological Chemistry, Cancer Research, Cancer Letters, and International Immunology.

Venable recently announced that Paul C. Levin has joined the firm as a partner in the Real Estate Practice.  Levin has experience at all levels of the real estate transaction process, and he has worked on some of the most recognizable projects in the Bay Area.  Levin is a LEED Green Associate and is a member of the U.S. Green Building Council, Northern California chapter.  Additionally, he has experience with P3 projects.  He will be working in Venable’s Baltimore and San Francisco offices.  Levin is excited about his bicoastal work with Venable, saying, “The firm’s deep practice and stellar reputation will allow me to continue to grow as a deal lawyer. I am thankful to have the opportunity to continue to build my Bay Area practice while returning to my hometown to expand my East Coast deal flow.”

Law Firm Recognition and Accolades

John Allen, of Varnum, was recently appointed to the Ethics and Professionalism Standing Committee of the Tort Trial and Insurances Practice Section of the American Bar Association.  Allen, who focuses his practice on business and commercial litigation, has served this committee devoted to consideration and understanding of issues on attorneys maintaining professional independence, at several points throughout his career.  Along with being certified as a civil trial advocate by the National Board of Trial Advocacy, he is also a certified arbitrator and mediator.

Carmen Cole Polsinelli Attorney
Carmen Cole

Labor and Employment Attorney Carmen Cole, with Polsinelli, was recently appointed to the Board of Directors of Public Counsel.  Public Counsel is a non-profit dedicated to providing legal services to individuals, families, veterans and immigrants who live below the poverty level and do not have access to legal representation.  In order to address civil rights and systemic issues facing this population, the group works with volunteers from major law firms and corporations.

Cole, a Principal in Polsinelli’s LA and SF office, says, “Public Counsel plays a critical role ensuring that individuals in underserved communities within the Los Angeles area have access to quality legal representation,” said Cole. “I am honored and humbled to be a part of this mission. As someone from an environment where statistically it would have been more likely for me to have become a client of Public Counsel rather than a member of its Board of Directors, this appointment will provide an opportunity to pay it forward. This is a great way to give back to the Los Angeles community.”

Cole has a long list of community volunteer and leadership roles. She has been active with the California Minority Counsel Program; she has worked hard to make the legal industry more accessible to women and minorities.   Cole has also contributed her time in raising awareness and funds for the African American Chamber of Commerce’s (GLAAC) Education Fund & Foundation program.

For the sixth year in a row, Davis Wright Tremaine was named one of the country’s Best Law Firms for Women by Working Mother magazine in conjunction with the ABA Journal. This accolade recognizes the firm’s success in retaining and recruiting women attorneys, the firm’s family-friendly policies and the resulting high number of women in leadership roles. Women comprise 27% of the equity partners at Davis Wright Tremaine.  The magazine highlighted the firm’s Mentoring Circles program, which was recently revamped and now helps support over 100 women attorneys at all levels in the firm.

Labor and Employment law firm, Jackson Lewis was also one of the 60 firms recognized by Working Mother magazine as a “Best Law Firm for Women.” Firm Co-Chairs Kevin G. Lauri and William J. Anthony  say they are pleased with the firm’s designation by the magazine, and they “consider it to be a direct result of the firm’s inclusive culture together with our commitment to fostering the promotion of women throughout every level of the firm.”

Meredith Borgas, editor-in-chief of Working Mother, says she hopes the magazine’s accolade highlights best practices for law firms and encourages others in the industry to follow suit.  She says, “It’s heartening to see the progress women lawyers are making at firms committed to fully utilizing these attorneys’ abilities. The war for talent is increasing incentives for law firms to invest in retaining women lawyers, which is why we’re seeing more women’s initiatives and parental-support groups.”

Daniel Wolf
Dan Wolf

Dan Wolf, an Associate with Gilbert LLP, was recently honored with the Making Justice Real Pro Bono Award by the Legal Aid Society of the District of Columbia.  Wolf has an outstanding record in pro bono achievement, having worked with clients referred from Legal Aid and leading pro bono efforts at his firm; which he has done since he joined Gilbert in 2012.  Wolf has worked with pro bono clients on consumer law matters, rental housing and public benefits, and he has recruited colleagues to take on these matters as well.  Scott Gilbert, the founder and Chairman of Gilbert LLP, says Wolf “sets an example for the firm.  We are both very proud and quite fortunate to have Dan as a colleague.”

Legal Industry Tech, Tools &

Thomson Reuters recently announced Westlaw Edge Quick Check, designed to harness AI technology to streamline and supercharge legal research.  Quick Check allows Westlaw users to go over documents with citations to ensure everything is covered and no major points were missed. By uploading a document into Quick Check, users can have the text analyzed and Quick Check will identify the legal issues at hand, offering recommendations of relevant to the issues in the document that are not cited.  Users can filter results based on previous reviews, and additional indicators are assigned based on established categories.  Quick check is integrated with KeyCite to catch cases that are bad law, to ensure the results are accurate.  Additionally, QuickCheck can be used to identify weakness in briefs, highlighting citations that are invalidated or overturned, and can find citations that were passed over but are relevant.

Khalid Al-Kofahi, vice president of Research & Development at Thomson Reuters says:

We’ve built Westlaw Edge Quick Check to be very sophisticated in terms of selecting which language and citations to extract from motions and briefs, and it executes several search strategies, sifts through primary and secondary law results, follows citation networks, and finds and filters by Key Numbers, courts and other data attributes. In doing so, it often considers hundreds of thousands of possibilities – far more than any researcher could go through, even if he or she had all day to do it – yet it returns a concise report of relevant material that might have been missed in a traditional research process.

Wilson Allen, a software and technical services provider for professional services law firms, and ClearlyRated, a client satisfaction, service quality research provider,  have teamed up to help law firms take client experience data to distill actionable insights for business development. Norm Mullock, Vice President of Strategy at Wilson Allen, says, “After experiencing the ClearlyRated client survey program first-hand, it became clear that real-time insight into client experience would be a pivotal improvement for the firms that we work with.”

This partnership will allow law firms to maximize the data available in both client feedback and business analytics to provide the tools needed for data-driven decision making. The companies have launched an API Integration that pairs the ClearlyRated Client’s Service program with business intelligence tools in order to ensure those data points are available for business planning.  Eric Gregg, ClearlyRated’s CEO, says, “The client experience is important to all professional services businesses, but it is also a prime opportunity for law firms to differentiate from the competition. Our partnership with Wilson Allen will ensure that the law firms we serve have access to measurable insight on the client experience in a way that supplements business intelligence and informs strategies for growth.”

With the need for efficiency ever-present in legal operations, LawLytics, the leading website platform for small law firms, and PracticePanther, the cloud-based practice management system, have partnered to provide customers of both forms with native integration between their platforms.  By simply embedding some code, a law firm’s web leads and client forms can be linked to their PracticePanther account, simplifying the process of integrating new clients, setting up billing and matter management.  Instructions, with screenshots, are available and this process can be implemented with just a few clicks.

Copyright ©2019 National Law Forum, LLC
For more legal industry updates, please see the National Law Review Law Office Management page.

Last Minute Extension, Discrimination & Due Process: Attorneys Fight for Victims of Hurricane Maria

The stakes were very high: Puerto Rican refugees, victims of Hurricane Maria were about to become homeless as FEMA planned to cancel its Temporary Shelter Assistance program.  Thousands of refugees living in hotels and motels would find themselves evicted, many having nowhere to go.  A telephonic hearing and a last minute ruling required FEMA to continue the program, but the legal battle continues.  Offering insight on the issues at hand are attorneys Craig de Recat and Justin Jones Rodriguez of the law firm Manatt, Phelps & Phillips, who, along with Eve Torres of Manatt, LatinoJustice and the Law Offices of Hector E. Pineiro, are working hard to ensure the victims of Hurricane Maria receive the proper assistance and due process they deserve under the law, holding FEMA accountable to their responsibilities to individuals who have already lost so much.

FEMA announced plan to terminate the Transitional Sheltering Assistance program for victims of Hurricane Maria on June 30th.  The previously mentioned partners filed a lawsuit and emergency motion for a Temporary Restraining Order, a move that would fend off the evictions and compel FEMA to continue providing rent subsidies.  After a telephone conference that evening, Federal Judge Leo Sorokin issued a temporary restraining order to provide shelter throughout the weekend and through the 4th of July holiday.  On July 2nd, another hearing was held with Judge Hillman, who issued a TRO extending the program for a longer stretch of time.

Discrimination in FEMA’s Response Efforts A Major Issue in Litigation

Justin Jones Rodriguez, an attorney with Manatt, said: “we had a hearing on August first and the judge recognized there were some unanswered questions, particularly about our discrimination claim.”  The hearing on August 1st extended the TSA program until the end of August, and allows evidence to be gathered and testimony to be given and considered.  That said, Rodriguez says,  “We believe the facts are clear here that hurricane victims after Harvey in Texas are treated one way and hurricane victims in Puerto Rico after Maria were treated a very different way. “  Craig de Recat, also with Manatt, compares FEMA treatment of Hurricane Maria victims with the FEMA treatment of Hurricane Harvey, pointing out that Puerto Ricans hold a dual nationality, but are US citizens nonetheless, and are entitled to FEMA relief.   He says:

The facts are abundantly clear and even confirmed by FEMA in its post-incident report, showing that they did not treat Puerto Rican refugees, including these individuals that are in the continental United States in the same way they treated Harvey Refugees.  Harvey Refugees had a  much quicker response, a much more robust response, were promised financial aid for a longer period of time and an assurance that they were going to be given personal individual case management support to help the individuals and their families.

One way this discrimination case is laid out is the complaint is through comparison of Presidential tweets on the respective tragedies.  The complaint points to a tweet on September 30, 2017 from President Trump that says:  “Puerto Ricans ‘want everything to be done for them.’”  Roughly two weeks later, President Trump sent out a tweet that said FEMA and other disaster relief could not stay in Puerto Rico “forever!”  In comparison, two weeks after Hurricane Harvey hit Texas and after the President had visited the state, he tweeted: “After witnessing first hand [sic] the horror & devastation caused by Hurricane Harvey, my heart goes out even more so to the great people of Texas.”  The complaint goes into greater detail, comparing the response of FEMA on several levels as being discriminatory against the victims of Hurricane Maria, everything from the initial rate of individual grant denials being double in response to Hurricane Maria than for Hurricane Harvey, and pointing out that even though Hurricane Maria destroyed more homes in Puerto Rico than Hurricane Harvey did in Texas, the relief has overwhelmingly been provided to Texans–of the 60,000 households provided housing assistance by FEMA, over 54,000 of the affected households receiving relief were devastated by Harvey–not Maria.

FEMA Failed to Provide Appropriate Due Process

Another claim against FEMA is their failure to provide the victims of Hurricane Maria with due process under the law.  De Recat points out that if FEMA Is going to pull services, they have a responsibility to provide the individuals affected with information on how to appeal that decision.  He says:  “If FEMA is saying, we are not going to give you financial assistance or we’re not going to help you anymore, then those individuals should be provided with knowledge of how they can appeal that decision. That is a fundamental due process right that all Americans have and that is not being given to these people. They’re just given a summary determination without any right or knowledge of their right of appeal.”

Making a comparison again, to Hurricane Harvey victims, Rodriguez points out that FEMA had provided case management services to victims of Hurricane Harvey, ensuring each individual and family had a place to go when the TSA program terminated. However, victims of Hurricane Maria were not given the same level of attention.  Rodriguez says, “Case management services consisted of a published toll free telephone number posted for them to call, which we’ve received reports that it wasn’t working.”

The case continues, and attorneys representing the Hurricane Maria victims remain dedicated to seeking a legal solution and holding FEMA to the appropriate standard.  Rodriguez, when asked about his involvement, says simply, “It’s the right thing to do. When Latino Justice reached out to me I was happy to jump on board as an individual.  It would be dishonest  for me to say that I’m not motivated by the fact that I’m a Hispanic American and the way that these Puerto Rican individuals are being treated by the administration is unjust and unconstitutional.”  de Recat says it is a privilege to represent the victims of Hurricane Maria and to stand with them against this injustice.  He says, “when we have opportunities like this to step in and help the disenfranchised or the least powerful of our community, then that is part of our obligation, our duty as practicing lawyers within the profession, and I don’t mean to sound corny, but It is a privilege to represent these people and to stand by them and for them. And that is personally enormously rewarding.“

A decision is expected in this case by August 31st.

Copyright ©2018 National Law Forum, LLC.

Strategic Planning in Law Firms: Essential Steps for Success

Law firms doing the “same old thing” isn’t going to work anymore. Despite all the legal industry changes discussed in Part 1 and Part 2 of this series, 66% of Managing Partners report that their law firm’s strategy has not changed.  It is imperative for today’s law firms to have a strategic plan that evolves with the firm and changes in the market; however, only 24% of law firms report having strategic plans, even though 71% of Managing Partners report that having a strategic plan improved their firm’s performance.

Strategic PlanningWhat makes a strong strategic plan?

Successful strategic planning is an ongoing process; the first step is creating the plan, but just as crucial is the follow-up. Steps include:

  • Implementation
  • Review
  • Making changes as needed (and things can change fast)

When drafting a strategic plan, it’s important to think about the process–and to incorporate measurable capabilities.  The tenets of good goal setting should apply–keep things simple, realistic, and achievable, looking ahead three to five years with annual goals.  As you create the plan, build it with the knowledge that it is a living document that must change, because the world is changing.  It should function as a sort of guiding principal, and it reminds your firm of your priorities when crisis situations arise.

Chart, Data

With rapidly changing technology, crises and unexpected opportunities, keeping in mind your strategic objectives is a good way to keep your firm focused on your priorities.  When surveyed, Managing Partners indicated the most important strategic objectives were Marketing and Business Development, Succession Planning, Firm Growth and improved lawyer productivity.

Where should a law firm allocate Marketing and Business Development resources?

With Marketing and Business Development as one of the most important pieces of the strategic plan; it’s important to describe what a solid strategy looks like.  For many firms, marketing and business development is not a top priority–it should be.  The research for Re-Envisioning focused questions on trends in allocating marketing resources in the following seven areas:

  • Website and Internet Marketing
  • Firm Events & Seminars
  • Organizational Involvement
  • Charitable Contributions
  • Rankings and Directories
  • Marketing Staff
  • Lawyer Sales Training

When asked about 2015 investments v. 2016 investments, it was clear that most firms are continuing to do what they have done before.  According to Re-Envisioning, “firms are doing the same old things because ‘we’ve always done it this way,’ budgets are set by equity partners unwilling to support marketing expenses, or there is a ‘let’s wait and see what the other firms are doing’ attitude.”  Investing in Marketing & Business Development can pay off in a big way, but of the firms surveyed, only 25% of them invested more than 4% of their revenue in Marketing  & Business Development.   To successfully move forward, law firms need to change their perspective and to truly innovate in terms of their Marketing and Business Development practices.

A good place to start is with the clients your firm already has–and wants to keep.  Break them into A list, B list and C list–so you can identify who may be happier working with a competitor, and who you want to make sure stays with your firm.

What should a law firm consider when developing a business development model?

Beyond an inventory of current clients, it’s important to develop a BD model–representing how your firm views business development and how it works for your firm’s situation.  Your model should answer the following questions:

  • Why do people buy?
  • How do they buy?
  • What are prospects and clients motivations and fears?
  • What is the process for finding prospects and transitioning them into clients?
  • Where does business come from?
  • How does your business development efforts focus on building relationships?
  • How does your firm become a trusted advisor to your clients and community?
  • What differentiates your firm and your lawyers, and how do those differences align with your clients’ needs?

Asking questions like this can help your firm ensure that your marketing and business development resources are going in the right direction–and can help your firm create a deliberate way forward, with an integrated approach to ensure goals are met and resources are not squandered.  Additionally, creating a plan with measurable tenets can help your firm track return on investment so it’s clear what’s working and where additional investment might be warranted.

How does a law firm achieve buy-in for the marketing and business development plan?

Another area to consider is asking individuals in the firm–partners and associates– to create a personal business development plan.  By asking individuals to think about marketing and business development, your firm is demonstrating its commitment to these principals.  Additionally, asking partners and associates to think about how they can best contribute to business development encourages accountability and personal reflection, so individuals can find a way to contribute that is best for them, increasing the likelihood that the commitment will be lasting.

These changes may be around the corner, many law firms are incorporating them already.  Brent Turner, Client Development–Peer Monitor & Thought Leadership at Thomson Reuters, comments, “For the first time in many years, we’re seeing healthy acceleration in the marketing and business development budgets of US Law Firms, let primarily by AMLAW 200 firms.  We’re also seeing evidence that these investments are starting to pay off in a big way.” Terry Isner Jaffe PR Law firm business development

 

 

ARTICLE BY Eilene Spear & Jennifer Schaller of The National Law Review / The National Law Forum LLC

Copyright ©2017 National Law Forum, LLC

Law Firm Data Breaches: Big Law, Big Data, Big Problem

law firm data breachesThe Year of the Breach

2016 was the year that law firm data breaches landed and stayed squarely in both the national and international headlines. There have been numerous law firm data breaches involving incidents ranging from lost or stolen laptops and other portable media to deep intrusions exposing everything in the law firm’s network. In March, the FBI issued a warning that a cybercrime insider-trading scheme was targeting international law firms to gain non-public information to be used for financial gain. In April, perhaps the largest volume data breach of all time involved law firm Mossack Fonesca in Panama. Millions of documents and terabytes of leaked data aired the (dirty) laundry of dozens of companies, celebrities and global leaders. Finally, Chicago law firm, Johnson & Bell Ltd., was in the news in December when a proposed class action accusing them of failing to protect client data was unsealed.

A Duty to Safeguard

Law firms are warehouses of client information and how that information is protected is being increasingly regulated and scrutinized. The legal ethics rules require attorneys to take competent and reasonable measures to safeguard information relating to client. (ABA Model Rules 1.1, 1.6 and Comments). Attorneys also have contractual and regulatory obligations to protect information relating to clients and other personally identifiable information, financial and health, for example.

American Bar Association’s 2016 TechReport

Annually, the ABA conducts a Legal Technology Survey (Survey) to gauge the state of our industry vis-à-vis technology and data security. The Survey revealed that the largest firms (500 or more attorneys) reported experiencing the most security breaches, with 26% of respondents admitting they had experienced some type of breach. This is a generally upward trend from past years and analysts expect this number only to rise. This is likely because larger firms have more people, more technology and more data so there is a greater exposure surface and many more risk touch-points.

Consequences of Breach

The most serious consequence of a law firm security breach is loss or unauthorized access to sensitive client data. However, the Survey shows there was a low incidence of this, only about 2% of breaches overall resulted in loss of client data. Other concerning consequences of the breaches are significant though. 37% reported business downtime/loss of billable hours, 28% reported hefty fees for correction including consulting fees, 22% reported costs associated with having to replace hardware/software, and 14% reported loss of important files and information.

Employing & Increasing Safeguards Commonly Used in other Industries

The 2016 Survey shows that while many law firms are employing some safeguards and generally increasing and diversifying their use of those safeguards, our industry may not be using common security measures that other industries employ.

1. Programs and Policies. The first step of any organization in protecting its data is establishing a comprehensive data security program. Security programs should include measures to prevent breaches (like policies that regulate the use of technology) and measures to identify, protect, detect, respond to and recover from data breaches and security incidents. Any program should designate an individual, like a full-time privacy officer or information security director, who is responsible for coordinating security. However, the numbers show that the legal industry may not be up to speed on this basic need. Survey respondents reported their firms had the following documented policies:

Document or records management and retention policy: 56%

Email use policy: 49%

Internet use/computer use policy: 41%

Social media use: 34%

2. Assessments. Using security assessments conducted by independent third parties has been a growing security practice for other industries; however, law firms have been slow to adopt this security tool, with only 18% of law firms overall reporting that they had a full assessment.

3. Standards/Frameworks. Other industries use security standards and frameworks, like those published by the International Organization for Standardization (ISO) to provide approaches to information security programs or to seek formal security certification from one of these bodies. Overall, only 5% of law firms reported that they have received such a certification.

4. Encryption. Security professionals view encryption as a basic safeguard that should be widely deployed and it is increasingly being required by law for any personal information; however only 38% of overall respondents reported use of file encryption and only 15% use drive encryption. Email encryption has become inexpensive for businesses and easier to use with commercial email services yet overall only 26% of respondents reported using email encryption with confidential/privileged communications or documents sent to clients.

5. Cybersecurity Insurance. Many general liability and malpractice polices do not cover security incidents or data breaches, thus there is an increasing need for business to supplement their coverage with cybersecurity insurance. Unfortunately, only 17% of attorneys reported that they have cyber coverage.

Conclusion

It is important to note that the figures revealed by the 2016 Survey, while dismaying, may also be extremely conservative as law firms have a vested interest in keeping a breach of their client’s data as quiet as possible. There is also the very real possibility that many firms don’t yet know that they have been breached. The 2016 Survey demonstrates that there is still a lot of room for improvement in the privacy and data security space for law firms. As law firms continue to make the news for these types of incidents it is likely that improvement will come sooner rather than later.

ARTICLE BY Kathryn T. Allen of Polsinelli PC
© Polsinelli PC, Polsinelli LLP in California

Law Firm Business Development: How to Stop Procrastinating

law firm business development procrastinatingMany of my clients procrastinate doing the hard work of business development.  Time, fear, not knowing where to start or something else seems to tie them in knots and prevent action. As a law firm business development consultant and coach, part of my job is to help my coaching clients understand the underlying reason for their business development procrastination so we can attack the problem together and move forward.

When working with procrastination issues, I often use something called the Zeigarnik effect to help people get started. You can use this tool to overcome procrastination in a variety of settings. At its core, the method can be reduced to a simple phrase: “Take the first step.”

In his recent book 59 Seconds: Think a Little, Change a Lot, Richard Wiseman tells the story of a young Russian psychology graduate student named Bluma Zeigarnik, who was seated at a café in Vienna in the 1920s observing the behavior of waiters. She noticed that the waiters had the ability to remember details of multiple food orders without writing themdown. They retained this information until each check was paid. When queried after the check was paid, they struggled to remember items on the order.

Zeigarnik’s study led her to conclude that starting a task creates a sort of psychic need or anxiety to complete what was started. If you begin and are then interrupted, the mind creates a way for you to remember what is necessary and pesters you until you’ve completed it.

The theory is often applied to students. Those who suspend their studies briefly and undertake alternative activities (studying other subjects, playing foosball, etc.) tend to remember material better than do those who don’t take a break.

Psychologist Jeremy Dean posits that procrastination is most crippling when we are faced with a large task and don’t feel we have all the information to start. Lack of business development training hampers lawyers because they don’t know where to begin and desperately don’t want to fail. What the Zeigarnik effect teaches, as Dr. Dean points out, is that one way to beat procrastination is simply by starting whatever you’ve been avoiding. Just start somewhere. Don’t attempt the hardest part first. Pick something trivial and easy, such as making a list or meeting with a coach or making a phone call. Once you’ve made a start, however trivial, you’ll want to finish to allay the anxiety you feel around not having completed the task.

We use the Zeigarnik effect as a tool in our workshops by requiring participants to write down the names of people with whom they know they should be in touch. Try it right now. Write down a list of people you really ought to be keeping in touch with but haven’t reached out to in the past six months. Keep it on your desk and then go back to the rest of your day. Perhaps making the list will create the anxious mind you need to stay on task.

ARTICLE BY Craig Brown of LawVision Group LLC

Content copyright 2016 LawVision Group LLC All rights reserved.

Law Firm Holiday Cards – Do’s and Don’ts

Q: Are holiday cards effective?

A:  I think that they can be considered one more nice way to stay in touch, to send a friendly communication to a large number of clients and prospects all at once.  Of course, I said that they can be effective, not that they typically are.

Holiday cards pose complex issues of database management and client ownership, combined with the logistical questions of who signs which card(s).  Through hard work and discipline, these are mightily overcome — only to become one of a dozen bland, look-alike cards depicting politically correct images like pine trees, ice skaters, snow-covered skylines, ambiguously decorated snow men, or handicapped children’s artwork — which are then sent to dead former clients.

All in the name of strengthening client relationships?

Superhero, CardDone well, the cards should reinforce your firm’s unique brand message, or at least stand out somehow, so they don’t get immediately discarded and forgotten.

When I was the marketing partner of a law firm, it wasn’t unusual for me to get as many as 25 generic holiday cards per day from vendors all wanting our business.

Glance, toss, forget.

Glance, toss, forget.

Glance, toss, forget.

It helps if you have a strong brand message to use, or at least an interesting design to leverage. 

For example, a number of years ago we used an olive-based branding theme for Florida’s Bryant Miller Olive law firm.  Here’s the cover of their olive-themed holiday card:

Holiday Card

The point is — the card represents your firm and your practice.

Don’t rub clients’ noses in your firm’s lack of creativity by doing the same thing as everyone else.  Find some way to do something different. Those that avoid the spam filters don’t generally create much goodwill.

On rare occasion, extra creativity causes one to stand above the pack and get a notice or a smile.

For example, Phoenix’s Engelman Berger law firm always goes the extra mile.

Baseball Card, LawyerEvery year they try something new, including lawyer baseball cards, comic books, TV Guides, and parodies of board games like Clue and Scrabble, Mad magazine, and a children’s book, “Are You My Lawyer?”

Finally, while I know this whole rant is making me sound like Scrooge, I’ve never been a big fan of cards that promise:

“In lieu of a personal gift to you, we’re making a donation

in your name to the following charity(ies).”

In my actual name?

Did they ask me whether I’d prefer receiving the gift?  Or at least help select the charity? Do I get a tax deduction on that money?  And because they never tell you how much they’re donating, everyone I’ve quizzed about this assumes that they’ve taken this approach because it was cheaper and easier.  (And generally, from my experience, they’re right.)

At least that’s how I see it.

Season’s greetings.

ARTICLE BY Ross Fishman of Fishman Marketing, Inc.
© 2016 Fishman Marketing