A Lawyer’s Guide to Integrated Marketing

Like many lawyers, I did not learn about marketing in law school. I knew nothing about communications or media relations before law school, either. When I graduated and began practicing at a boutique matrimonial law firm, there was no internal or external marketing resource, and no direct conversations or plans about public relations or branding. One founding partner talked about the importance of reputation for connecting with potential clients and how his connections in the legal community resulted in many referrals, but he never mentioned marketing.

Yet, as I tagged along to bar association meetings, drafted articles that the partner published in a legal journal, and received encouragement to network at Inns of Court sessions, I saw this side of legal practice come to light. We didn’t call it marketing, or PR, and it was well before social media, but I understood that the partner was intentionally marketing the practice and generating awareness of the firm’s experience — an effort that resulted in new client engagements.

When I decided to leave law after a few years, I enrolled in a New York University course about marketing for professional services. As luck would have it, the instructor was Deborah Brightman Farone, an extraordinary legal marketer then and now — she was inducted into the Legal Marketing Association’s Hall of Fame at the organization’s 2022 annual conference. Deborah introduced me to the field of law firm marketing, and since then, I have worked with hundreds of lawyers and professional marketers on business development and integrated marketing plans, and have helped them make marketing part of their daily practice.

Most lawyers need to understand what this marketing thing is all about. I see firsthand their appreciation for the importance of building client relationships, cross-selling expertise within the firm, and networking. However, I don’t see an understanding of the terms and tactics of legal marketing as often. I think that with so much to learn in law school, there just isn’t time to learn the business side of law. Once a lawyer is practicing law, there may be little direction about how to reach prospects and referral sources, stand apart from other lawyers doing similar work, and find time to “market oneself.”

I frequently read articles where lawyers describe their routes to becoming partner or managing a practice or office. The words “PR” or “marketing” may not appear in their answers, but as someone who has advised lawyers about practice growth for more than 20 years, I know that positioning themselves as knowledge leaders played a role in the success of their relationship-building and practice development. And that, of course, is marketing.

This article will take you through five steps I always examine with lawyers who are just getting started with marketing, or participating in a firmwide marketing program.

  1. Acknowledge the Need for Education

Earning a JD and passing the bar exam prepare a lawyer for the practice of law, but not the business of law. My colleague Vivian Hood recently wrote, “Law schools focus on teaching the art of law, and not so much on the art of connections.” Courses about marketing, public relations, or social media are not part of the law school curriculum. Rather, law school teaches students to read cases and apply precedent, analyze facts and frame arguments, and spot the real issues and see the red herrings. Likewise, legal writing courses, moot court competitions, internships, and other hands-on work prepare them for practicing law. Their understanding of marketing may extend to billboards they see on their way to work, law firm ads in legal journals, or networking events with bar associations.

Lawyers know how to practice law, but do not know what marketing is or how it supports business development and revenue. Education is the first step to heightening awareness. On many occasions, I have explained how PR works so lawyers understand the events that result in being quoted in a trade publication, or the behind-the-scenes steps that go into earning a speaking engagement at an industry event.

  1. Discuss Perceptions of Marketing

The only way to know how an attorney perceives marketing is to ask, and then provide guidance about worthwhile and suitable marketing efforts.

Lawyers often shy away from marketing because they associate it with sales. My colleague Glennie Green explains, “Most attorneys envision some sort of sales when the idea of marketing and business development comes up. They see car salespeople, or aggressive pitches for timeshares. But that is the wrong mindset. Business development is not sales. Business development is cultivating and nurturing relationships.”

Relationships can be built in many ways. A common misconception is that marketing success is based on the ability to be a natural rainmaker who can walk into any room and instantly make connections for the firm. That belief can create unrealistic expectations and undue stress, because rainmakers are few and far between. Relationships can be built and nurtured without that unique rainmaker quality. Everyone adapts to situations differently ­— some of us are introverts, others extroverts, or a combination of traits.

  1. Assess the Impact of Previous Experiences

Lawyers may base their perceptions of marketing on prior experiences. Lawyers have told me, “I wrote many articles in the past, and they never amounted to any new business.”

“I traveled to speak at a conference, and not a single attendee turned out to be a new client.”

“I did an interview with a reporter who misquoted me.”

“I have a LinkedIn profile, but I’m not interested in doing anything with it; it’s just like Facebook.”

Many people fear failure, and many transactional lawyers and litigators are driven by winning. It is no surprise, then, that lawyers question the value of something that has not been a winner in the past. Understanding and acknowledging these hesitations can lead to productive discussions about marketing and, more specifically, about techniques that may be better suited for the lawyer.

  1. Discuss the Time Commitment

The billable-hour model of legal practice can affect a lawyer’s availability to market their practice. Too many business-driving commitments will inevitably frustrate a lawyer and diminish the success of marketing. It’s better to work with a distinct set of action items that can take only a few minutes a day rather than many hours each week.

Glennie Green has helped lawyers identify their advocates — assistants, paralegals, the firm’s librarians; people they can partner with to achieve their action items. One managing partner with a busy practice serves as an example of this effort. “He has made a commitment to conduct a certain number of meetings a month with current and potential referral sources,” she says. “He enlists a paralegal in the office to help schedule those meetings, as well as maintain his ‘marketing’ calendar. This allows him to keep his focus on his practice and manage the firm. He regularly checks his calendar for new appointments, and he says he looks forward to seeing whom he will meet with next. Once he realized that he didn’t have to do it all and enlisted some help, his plan and marketing goals became not only manageable but systematic.”

  1. Find the Comfort Zone

Marketing efforts must be tailored to a lawyer’s personality and interests. Everyone has a different comfort level. Some lawyers love to speak at conferences, and others would rather research a case and write an analysis for a journal. One lawyer may already enjoy engaging on social media, and another may feel crushed for time but would be amenable to doing a 30-minute interview with a reporter. Perhaps a lawyer may enjoy participating in an association’s events or committees. Green explains, “Knowing a lawyer’s areas of confidence, and recognizing what causes any discomfort, is crucial to establish the right marketing plan with the flexibility to change direction as needed.”

The avenues for marketing include website content and branding, social media posts and engagement, media relations, published quotes and articles, rankings submissions and awards, conferences and speaking opportunities, networking, events, and more. The questions and conversations I’ve provided lead to more precise choices of marketing tactics, as well as more informed expectations of results. An integrated marketing and business development program offers lawyers a selection of tactics, with deliberate matching to their preferences and the flexibility to change as needed.

© Copyright 2008-2022, Jaffe Associates

How Businesses Can Use LinkedIn Company Newsletters in Their Marketing Efforts

LinkedIn has added what I think is the most helpful tool in a long time for businesses to engage with and bring value to their followers – the ability for LinkedIn Company Pages to publish email newsletters right through LinkedIn.

This underscores the importance of having a company page and how it can be used as a content hub for marketing and recruiting your business.

Linked Company Page newsletters are available to businesses with more than 150 followers that actively maintain their LinkedIn presences.

You can create a LinkedIn Company Page newsletter in three simple steps:

  1. Create: Start writing an article on and select “Create a Newsletter.” Give it a title, add a header image (it prompts you with the dimensions) and cut and paste your text. You can add hyperlinks and images for each article too.
  2. Publish: When you publish your newsletter it will post to your feed and LinkedIn will notify your followers. They can opt in to receive email and in-platform notifications when you publish new content.
  3. Review performance: View the analytics of each newsletter sent out and see the number of subscribers. The number increases pretty quickly which is awesome. And it’s opt in so you don’t have to worry about GDPR rules.

There’s a lot of opportunity here because it is a new feature (for companies – it’s been available to individuals for a short time) and most companies don’t know about it yet (and certainly aren’t using it yet), so being an early adopter is to your benefit.

Even if you send out an email newsletter, you should still utilize the LinkedIn platform to send out a newsletter because you will reach a different audience and cast a wider net for your content.

In addition, people are opting into this newsletter, so it’s not building an audience from scratch, and if you haven’t ever sent out an email newsletter, this is a great way to start. If email marketing programs and CRM management tools overwhelm you, this is a great way to test out the waters.

It’s also really easy to repurpose content you already have. I would include hyperlinks to your website or blog with the full text (in order to keep the newsletter short and to drive traffic to your site).

You can embed links from YouTube into the newsletter to play. Check out my LinkedIn newsletter to see how it looks.

Here are some content ideas for what you can include in your LinkedIn Company Page Newsletter:

  • Article snippets with links to your latest blog posts or client alerts
  • Links to past webinars (provide a synopsis too)
  • Links to recent podcasts and videos (with shownotes)
  • Recent case studies
  • Q&As with your employees
  • Highlights of your community service/pro bono work
  • Announcements of your recent hires
  • Recent press coverage (this would be the only place where I would recommend including self-promotional items in the newsletter – the rest of it should be client-focused)
  • Upcoming events/webinars – this is a great way to promote them
  • Open jobs – why not promote them through this newsletter? It’s a competitive job market
  • News about your diversity and women’s initiatives programs – clients care a lot about this

Check out this new feature and let me know what you think of it. With nearly 800 million people on LinkedIn and the fact that your competitors are very likely not using it yet, it’s at least worth trying out.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Law Firms Respond to Russia’s Invasion of Ukraine: How the Legal Industry & the Public Can Help

On February 21, 2022, Russian President Vladimir Putin ordered ground troops into the eastern Ukrainian provinces of Donetsk and Luhansk. Invading under the guise of establishing independence for the region on February 24, Russia started bombing key points of interest around the country, including the capital city of Kyiv. At the time of writing, the skirmishes remain ongoing, with Russia expanding its invasion force as the days go on.

The ramifications of Russia’s war are widespread. In Ukraine, infrastructural damage is considerable, an estimated 2 million civilians are evacuating or have been driven from their homes. The death toll remains uncertain at this time, but the Ukrainian health ministry estimates that hundreds of citizens have been killed as a result of the violence. Globally, financial markets are in a state of rapid flux, seeing huge rises in inflation, a strained supply chain and plummeting stock prices.

Law firms in the United States and abroad have responded to the conflict by offering pro bono services in anticipation of resultant legal complications and organized means by which money can be donated to Ukrainian humanitarian efforts.

How Have Law Firms Responded to Russia’s Invasion of Ukraine?

In some instances, firms have also closed offices in Ukraine to protect workers, and severed ties with Russian businesses. Law firms that have closed offices in Ukraine include Dentons, CMS and Baker McKenzie, which have closed offices in Kyiv.

“Dentons has established a taskforce to monitor and manage the crisis situation, with a primary focus on protecting our people,”  Tomasz Dąbrowski, CEO of Dentons Europe, told the National Law Review“We are in regular contact with our team in Kyiv and are providing our colleagues and their families with any possible assistance, including transport, relocation and accommodation assistance in the neighboring countries. Furthermore, we have seen a wave of kindness and generosity from our people across Europe, who have volunteered to provide accommodation in their homes for Ukrainian colleagues.  Furthermore, in addition to the financial support our Firm is providing to our Ukrainian colleagues, we have also received financial donations from around the world to help them resettle.”

Many law firms have announced they are closing offices in Russia, including Squire Patton Boggs, Latham & Watkins Freshfields Bruckhaus Deringer, Akin Gump Strauss Hauer & Feld and Morgan Lewis & Bockius, among others. Norton Rose Fulbright announced March 7 that they are winding down their operations in Russia and will be closing their Moscow office as soon as they can, calling Russia’s invasion of Ukraine “increasingly brutal.”

“The wellbeing of our staff in the region is a priority. We thank our 50 colleagues in Moscow for their loyal service and will support them through this transition.”

Norton Rose Fulbright said they “stand unequivocally with the people of Ukraine,” and are taking steps to respond to the invasion.

“Some immediate actions are possible and we are taking them. We are not accepting any further instructions from businesses, entities or individuals connected with the current Russian regime, irrespective of whether they are sanctioned or not. In addition, we continue to review exiting from existing work for them where our professional obligations as lawyers allow. Where we cannot exit from current matters, we will donate the profits from that work to appropriate humanitarian and charitable causes,” the statement read. “We are working with our charitable partners in every region to raise funds to help the people of Ukraine, as well as providing pro bono support to those Ukrainians and others who are being forced to relocate.”

Law firms have also stepped forward to offer pro bono assistance to those affected by the Russian invasion of Ukraine.

Law Firms Offering Pro Bono Assistance to Ukraine

Akin Gump Partner and Pro Bono Practice leader Steven Schulman explained how the legal industry is collaborating and working to provide assistance:

“So what we often do in these crises, we will self organize, [and] say who’s a point person who knows what’s going on, and then we will share information so that again, we’re lightening the load on the legal aid organizations.”

Another law firm offering assistance to Ukraine is  Covington & Burling, which the country hired to help pursue its claim against  Russia at the International Court of Justice (ICJ). Specifically, Ukraine asked the court to order Russia to halt its invasion. Covington filed a claim on behalf of Ukraine to the ICJ.

Nongovernmental organizations (NGOs) are providing emergency aid in Ukraine, as well as in neighboring countries, such as Poland, Hungary, Slovakia and Romania to help people displaced by the war as they come across the border, Mr.Dąbrowski said. These organizations are providing food, water, hygiene supplies and other necessities, and urgent psychological counseling. Specific NGOs on the ground in Ukraine include Mercy CorpsFight for Right, Project HOPEHungarian Helsinki Committee, and  Fundacja Ocalenieamong others.

However, NGOs need cash donations in order to keep providing aid. Mr.Dąbrowski detailed what pro bono work Dentons is doing, and how the firm is supporting NGOs:

“Our Positive Impact team is in touch with numerous NGOs and lawyers from our firm to identify opportunities for pro bono legal advice, mainly in the countries which share a border with Ukraine.  We are already working with NGOs in Poland and Hungary which are helping Ukrainian refugees displaced by the war. We are assisting with issues related to employment law, contracts, establishment of charitable foundations, etc… We are also in discussions with an international relief agency which is looking to set up operations within Ukraine.

While men between the ages of 18 and 60 are currently prohibited from leaving Ukraine, as of March 10, 2022, the conflict has created one of the largest refugee crises within the last few decades.

“We have activated our registered charitable foundation to collect donations from our people around the world to support Ukrainian families – and particularly children –  displaced by the war, including some of our own people from Kyiv.  So far, our colleagues from around the world have donated or pledged close to €300,000,” Mr.Dąbrowski said. “We have already distributed €60,000 of that to eight NGOs in Poland, Hungary and Romania, which are providing emergency aid, food and water, hygiene supplies, transportation, medical and psychological care, shelter and schooling to Ukrainian civilians fleeing from the war”

Concerns with immigration and refugee asylum is the next expected complication. In the short-term, the Department of Homeland Security is prioritizing Temporary Protected Status (TPS) designations for those already in the U.S.

For the public, there are a number of actions to take to support Ukrainians. However, those wishing to help should make sure to do their research before making any donations in order to ensure the funds end up in the right hands.

How Can Members of the Public Help Ukraine?

Possible scam organizations and outreach programs are common during international crises, so it’s important to know the signs of fraudulent charities. Some best practices for providing support include:

  • Giving directly to an organization rather than through shared donation links on social media

  • Being wary of crowdfunding efforts

  • Doing a background check on an organization and its donation claims using Charity WatchGive.org, and Charity Navigator.

Some examples of charitable organizations focused on Ukraine relief include:

Informational resources for those affected are provided below:

Conclusion

Law firms and the public alike have stepped up to offer assistance and financial help to those most affected by the Russian invasion. Law firms cutting ties with Russian businesses and closing offices in Russia shows that the legal industry is standing behind Ukraine as the conflict continues to escalate.

In upcoming coverage, the National Law Review will be writing about how law firms are helping clients handle Russian sanctions, as well as the immigration implications of refugees displaced by the war in Ukraine.

*The quotes and input of interviewees reflect the latest information on the Russian invasion of Ukraine as of March 7, 2022. Readers can find the latest legal news from around the world on The National Law Review’s Global Law page.*

Copyright ©2022 National Law Forum, LLC

February 2022 Legal News Roundup: Women in Law, Promotions & More

Happy belated Valentine’s Day from the National Law Review team. Please read on for new legal industry hires, promotions and awards.

Firm Recognition & Awards

Much is included on the 2022 Top Workplaces USA list, which recognizes organizations with a people-centered culture.

“At Much, our culture centers on people: our employees, our clients, and our community partners,” said Managing Partner Mitchell Roth. “We work each day to support a collaborative, kind, and service-oriented environment, so to be recognized for our culture on a national level is a tremendous honor.”

The rankings are based on employee feedback from a survey administered by Energage, an employee engagement technology partner. The survey gauged various aspects of workplace culture, including  alignment, execution, connection, and more.

Womble Bond Dickinson is one of the Best Places to Work for lesbian, gay, bisexual, transgender and queer (LGBTQ+) workplace equality, earning a perfect score of 100 percent on the 2022 Corporate Equality Index (CEI).

The survey is administered by the Human Rights Campaign, and acts as a benchmarking tool to track how businesses are adopting equitable workplace policies, practices and benefits for LGBTQ+ employees. Womble Bond Dickinson earned perfect scores every year since 2015.

“We are honored to be named one of the HRC’s Best Places to Work for LGBTQ+ Employees once again,” said Betty Temple, Chair & CEO of Womble Bond Dickinson (US) LLP. “We at Womble Bond Dickinson have worked hard to promote diversity and inclusion. These efforts include earning Mansfield Rule 4.0 Certification. The goal of the Mansfield Rule is to boost the representation of historically underrepresented lawyers—including LGBTQ+ attorneys—in law firm leadership, partner promotions and lateral hires by broadening the pool of candidates considered for these opportunities. We have much more work to do, but we are proud to be recognized for the progress we have made.”

Lawdragon recognized Foley & Lardner partners Daniel Kaplan, John (Jack) Lord, Jr., and Rachel Powitzky Steely on its 2022 edition of 500 Leading U.S. Corporate Employment Lawyers, an annual recognition of the nation’s top advisors on workforce issues. Lawdragon selected the honorees based on submissions, editorial vetting and journalistic research.

Lawdragon said that this year’s honorees “specialize in defending corporations in everything from wage and overtime claims to trade secret disputes, while helping companies maintain global workforces throughout a pandemic.”

Law firm Hiring & Additions

Varnum LLP expanded its intellectual property practice with the addition of Timothy D. Kroninger. Joining the firm’s Detroit office as an associate, Mr. Kroninger focuses his practice on copyright law, trade secret law, patent and trademark prosecution and more. He also has experience in drafting design patent applications, as well as participating in United States Patent and Trademark Office (USPTO) trademark opposition proceedings.

Beyond his practice at Varnum, Mr. Kroninger works as a supervising attorney in the Trademark and Entrepreneur Clinic at University of Detroit Mercy College of Law. There, he instructs law students on copyright registration, drafting corporate documents, and protection of trademarks.

Beveridge & Diamond PC elected four new principals: Eric Christensen, located in SeattleAllyn Stern, located in Seattle; Michael Vitris, located in Austin; and Gus Winkes, located in Seattle. Mr. Christensen practices in energy law, assisting companies and consumers in navigating the legal and regulatory landscape. Ms. Stern, former U.S. EPA regional counsel, helps clients develop environmental compliance strategies. Mr. Winkles practices in a variety of fields, providing solutions-oriented legal representation in the areas of enforcement defense, regulatory compliance, and contaminated site cleanup. Mr. Vitris, former litigation attorney with the Texas Commission on Environmental Quality, defends companies in class actions and environmental mass torts.

“Each of these Principals’ talents, skills, and expertise deepen and enhance B&D’s dynamic regulatory compliance and litigation practice as environmental and energy law continue to evolve,” said firmwide managing principal Kathy Szmuszkovicz. “They’ve proven their ability to deliver top-notch service to clients and to serve as thought-leaders at a particularly exciting time in our practice. We look forward to their continued success and contributions in their new roles.”

Barnes & Thornburg LLP added five new attorneys and legal professionals across various offices. Associate William Choi  joined the firm’s Los Angeles office, and associate Albert D. Farr joined the New York office. Mr. Choi focuses his practice on product liability and complex civil litigation, and he is well-versed in all aspects of pretrial case management. Likewise, Mr. Farr practices in transactional tax law, counseling multinational strategic and private equity clients on transaction tax structuring, tax diligence and more.

Furthermore, legal professionals Amit DattaAl Maloof, and Soyoung Yang joined Barnes & Thornburg’s ChicagoIndianapolis, and Washington D.C. offices, respectively. Dr. Datta, a business transaction advisor, provides targeted legal advice and strategic insight for European clients conducting business in the U.S. Mr. Maloof, a client relationship specialist, provides strategic consultation among the firm’s government services, compliance and regulatory attorneys. Ms. Yang, a legal fellow, aids attorneys and clients on matters related to international trade, customs and the supply chain.

William L. Nimick  joined the Construction Litigation and Counsel practice group at Goldberg Segalla LLP. An experienced litigator, Mr. Nimick is located in the firm’s Raleigh office, where he counsels insurers, contractors, subcontractors and corporate entities in liability claims including but not limited to property damage, personal injury and construction defects.

Previously, Mr. Nimick worked as a civil litigator across North Carolina, representing clients in areas such as wrongful death, workers’ compensation, and subrogation. Specifically he  handled subrogation claims such as motor vehicle accidents, product liability lawsuits and large fire losses.

Women in the Legal Industry

Angela Bowlin of Frilot LLC law firm has accepted a position serving on the International Association of Defense Council (IADC), an organization for attorneys who represent corporate and insurance matters. Ms. Bowlin focuses her practice on mass torts and class actions, with experience in asbestos and other toxic tort cases.

“I am honored to have been selected as a member of IADC and look forward to working on the many important committees related to the law and its many facets,” said Ms. Bowlin.

Nicole Archibald joined Foley Hoag LLP as their Director of Legal Recruiting. Ms. Archibald will work alongside the Foley Hoag team to attract and promote a diverse group of attorneys to help the firm achieve its diversity and inclusion goals.

“We’re very pleased to welcome Nicole to Foley Hoag, and are confident that she will be a great asset to the firm and its culture. Her considerable prior experience as a director of recruiting, legal search consultant and practicing litigator will prove a valuable asset as we look to 2022 and beyond. Our executive committee, practice leaders, hiring committee and I are excited to begin working with Nicole to attract new talent and strengthen our market-leading practices,” said Foley Hoag Co-Managing Partner Kenneth Leonetti.

“I look forward to collaborating with Foley Hoag’s management, department chairs and practice leaders, and hiring committee to develop, implement and execute proactive recruiting initiatives to further the firm’s hiring goals and strategic growth plan,” said Ms. Archibald.

Norton Rose Fulbright appointed New York partner Robin Adelstein as the Co-Head of Commercial Litigation, joining Houston partner Andrew Price. Ms. Adelstein brings extensive experience in litigating complex commercial disputes and advises companies with respect to antitrust issues regarding mergers, joint ventures and more.

“Robin has long been respected as a leader within the firm as our Global and US Head of Antitrust and Competition, and she is a highly-recognized practitioner in her field. I look forward to seeing the great work that our commercial litigation group will do under Robin’s and Andrew’s leadership,” said Jeff Cody, Norton Rose Fulbright’s US Managing Partner.

“Our firm has a longstanding reputation for advising clients on their most complex and significant matters. It is an honor to head Norton Rose Fulbright’s commercial litigation group along with Andrew; I am proud to be leading such a talented group of lawyers,” said Ms. Adelstein.

Copyright ©2022 National Law Forum, LLC

Revenue Growth Strategy with Goulston & Storrs P.C.[PODCAST]

Your clients are here, are you listening? Rachel meets with Beth Cuzzone of Goulston & Storrs P.C. to discuss how to, “pitch less and listen more,” when it comes to law firm growth.

We’ve included a transcript of our conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for style, clarity and readability.

INTRO  00:02

Hello and welcome to Legal News Reach, the official podcast for The National Law Review. Stay tuned for more discussion on the latest trends in legal marketing, SEO, law firm best practices and more.

Rachel  00:15

I’m Rachel, the Editorial Manager at the National Law Review. In this episode we’re excited to talk to Beth Cuzzone, Chief Strategic Growth Officer for Goulston & Storrs. Beth’s role at Goulston & Storrs revolves around relationships.  Relationships internally and externally.  Relationships with prospects, clients and business partners.  With decades of experience in the industry, Beth has been inducted into the College of Law Practice Management and the Legal Marketing Hall Of Fame, published by the ABA, Thomson Reuters and several industry publications, and awarded several honors throughout her career. Beth is also a co-founder of Legal Sales and Service Organization.  Thank you, Beth, for joining us today.

Beth Cuzzone  00:53

Thank you so much for having me, Rachel. And I’m so excited to see that you’ve launched this podcast series.

Rachel  00:59

We’re very excited to have launched it and really excited that we got to have you on. So one of the main topics we want to dive in today was bringing the voice of the client into legal marketing. So I was wondering if we could just get your thoughts on that? Why is it so important to bring the voice of the client into firms?

Beth Cuzzone

That’s a great place to start, Rachel, that’s a great place to start. And I do think bringing the voice of the client into what we are doing every day in the in law firms is really important, let me give you a couple of statistics. 80% of revenue will come from 20% of existing clients and law firms. So your future revenue depends on 20% of your existing clients, I’m going to say that, again, 80% of revenue comes from 20% of your existing clients, then you’ve got five times as many resources to attract a new client than it does to keep an existing one, you take those and you marry that with market demand. So spoiler alert, for anybody who’s listening to this podcast, what we want you to be thinking about is bringing the voice of the client and listening more to client needs to basically help you be more competitive, generate more revenue, be more profitable, and increase your client service.

Rachel  02:16

It definitely seems like an important part, especially that statistic of keeping those 20% of clients to make sure you hang on to that revenue. That’s super important. How has COVID-19 affected firms relationship with their clients? Because it’s sort of, you know, buried its way into basically every single facet of our lives. So I’m curious to get your thoughts on that.

Beth Cuzzone  02:37

No, it’s true. I mean, if we start on the very premise that clients are the most important variable, and growing revenue and profit for law firms, and that the only thing that’s constant is change, right? Clients’ needs change, decision makers at client companies change, laws and regulations change. And so if we aren’t having those open dialogue conversations and getting feedback and conversations with our clients, then how do we stay ahead of change? And then you bring in COVID, you know, with great disruption, it brings great opportunity. And so I would say now is the time for lawyers and law firms to be implementing, bringing the voice of the client into their firm, no matter what they’re doing to bring it in even stronger. I think having client feedback programs and listening to clients was once a nice to have now it’s a need to have. So if you are still doing the exact same legal services in the exact same way that you were pre pandemic, not to sound harsh, I would consider this your warning light for b2b law firms. There aren’t new issues, new ways of doing business, new technologies. And so I think the pandemic has catapulted the need for firms to be doing this with much more vigor, and process and framework. So I also think that the pandemic has affected firms’ relationships with their clients in a lot of good ways. We are bringing clients or clients are bringing their lawyers into their home. I don’t know about you, but over the last year and a half, I’ve met pets, children, delivery people, family members, from our clients, and my colleagues and my friends in the industry that I probably never would have if not for the pandemic and the reality of Zoom. So I do think that we’re starting to get to know clients in a different way. That’s not a bad thing. But again, I also think that the business issues that have come with COVID has created opportunity, and it also has created the foundation for “let’s do things differently”

Rachel  05:00

That’s some really good insight there. I want to get your thoughts on what firms can do, why it’s important for firms to bring in their clients into their conversations in legal marketing, what firms can do right now to improve those relationships.

Beth Cuzzone  05:13

Beyond the feedback, I do think just in general, overarching, how you improve your relationship with clients, is about asking yourself and taking a little bit of a litmus test. Take your top 10 clients, your top 15, your top three, your top 20, it depends on the size of your firm your practice that sort of thing. And say, “Do I know every one of my clients strategic priorities, strategic directions, measurable goals in the next year or two?” I don’t think we’re going to find many people that can actually rehearse them for their top five, top 10, top 20, top 30 clients. The other thing I would say is, you know, really being able to impact your relationship is asking the people that you have relationships with at client companies – how are they evaluated? How are they deemed successful? What are they trying to accomplish, but sometimes their goals may be different than the company goals. If there is a software technology company, and they have an in house legal department, the technology company’s mission might be changing the way science is done or impact on a disease. So that’s kind of their mission and their strategic direction. And goals might be about how many new customers they can acquire and that sort of thing. That’s all very important information to know. But if you’re the General Counsel, you know, maybe what you’re trying to accomplish is budget certainty. So if you don’t know those answers to those questions, then it’s hard to be able to provide service that has value. And you know, basically, what I mean by that is, how are you spending time off the clock with your clients? What value are you providing? Because when you’re on the clock, they’re paying you to be strategic, substantive, proactive, responsive, accessible, all of those things they’re paying you for. But when you’re off the clock, how are you helping their business? What kind of information are you giving them? Are you making introductions to them? Are you saving them money? And so I think it’s a little bit like throwing something at the wall to see if it sticks if you don’t know the answer to those questions.

Rachel  07:28

We spoke a little bit about spending time with clients off the clock and, you know, engaging with them in that way. Is that part of that process? Or, you know, is that one of the ways that people can see that feedback out?

Beth Cuzzone  07:42

Absolutely. Bringing the voice of your client into the firm can be done in many different ways. And feedback is one of them. But that is a way that you can add value to the client, because you will hear when you’re asking for feedback about ways that you’ll be able to improve your service. And then you’ll be able to go back and implement change and in turn, increase client service and really impact your client relationship. It all ties together. And it is one facet of client service.

Rachel  08:19

So you recently wrote a book about client feedback for the ABA. Can you tell us a little bit about that?

Beth Cuzzone  08:26

Well, I think timing played a big role. We were just talking about this. I think this now is the time for law firms to really double down in this area. We’ve all been reading books and articles about obtaining feedback from clients. And it’s important. And they’ll focus on the business case, some of the statistics that you and I were just talking about, or they’ll focus on a phase of the feedback loop. The book that we wanted to create was an instruction that would lay out the entire process, step by step of how our industry can move along the maturation line of client feedback, bringing the voice of the client, making improvements, and keeping that loop moving.

Rachel  09:22

Seems like an exciting topic and a great opportunity. So what are some ways you’re seeing firms getting this feedback?

Beth Cuzzone  09:29

There’s a couple of things that are happening. First, there’s a huge technology push in business right now. And so I’m seeing some terrific uses of technology and lawyers and law firms or marketing. The marketing function in law firms can do after action reviews, which is at the end of a deal, or a case, being able to sit down with a client for a few minutes and say, how did we do? What did you think of our team? And what did you like best about us? Did we surprise you? Are there other things that other law firms do that you’d like that you’d like us to do in the future. There’s also online surveys, I’ve seen law firms put a couple of survey questions on their bills, every two years, we’re going to sit down and have an annual strategy session. And we’re going to take two or three hours off the clock. And we’re going to talk about how we’ve been doing. And we’re going to talk about the people on our team, we’re going to talk about the changes in your company, we’re going to talk about what the pipeline of issues look like, and how we can be preventative and try to bring down, you know, the legal spend that sort of thing. And that’s where you either hire a consultant, or in house, you do it, where it doesn’t have to be on a schedule. But you reach out to those top clients. And again, that could be 10% or 30% of your clients depending on your law firm size, and asking them how you’re doing. And then bringing it back.

Rachel  11:18

How can law firms really use this feedback to differentiate themselves from the competition and really take that feedback to heart and actually make some changes?

Beth Cuzzone  11:26

So these are all really great questions. So you will find this staggering, I think, Rachel, I have been conducting client interviews for more than 20 years. I was at a consulting firm. Before I went in house to law firms where we did some client interviews, I’ve been at a law firm that I’ve been doing client interviews at for a couple of decades. I can probably count less than a dozen times that I’ve encountered a client feedback interview when the client hasn’t commented “this is the first time my law firm has ever asked me these questions.” This is the first time I’ve ever been invited to a client feedback session. That’s the first time that I’ve been, you know, invited to give some client service input. So think about that 25 plus years of client interviews, and I think less than 12 have actually had something like this happen to them before. My point  is that the very nature of doing it is a differentiator, right. And what it will allow you to do is when you’re asking these questions, and getting the feedback about what they want to see, you can be that trusted advisor. That starts to bring all sorts of value, added value around your substantive legal service advice. And you can actually start to play a real business leader role with your clients so that you’re not seeing it as legal advice, or the necessary evil, but really start to see that you’re additive. And that you can be accretive to the company and their mission. And I think again, the way you do that is by taking the very information that you hear and turning it into value add.

Rachel  13:40

Moving into our next section here speaking a little bit about differentiating law from service from the competition, we’ve spoken about ways that law firms can interact with their clients and asking for that feedback allows them to, you know, show that they can be a really good added value. What are some ways that firms can really highlight the service they offer to clients and make that connection with them?

Beth Cuzzone  14:03

We’ve always had a hard time differentiating our services from our competition. I think we look alike. We sound alike. And I think where we’re going to find differentiation is – do we act alike? And so I think that some of the ways that we as law firms will be able to highlight the services that we offer to clients is instead of telling clients what we do, too, responding to clients about what they need and how we can solve, I think just sometimes we’ve gotten into a little bit of an automated notion of, we have a newsletter. And so we’re going to now send it out to every one of our clients that talks about a new law and something that we do. And that’s not differentiating, that’s not really highlighted. or services. Instead, I would say if law firms can start doing what I call Account Based Marketing, and looking at it client by client, and really understanding what’s important to the client, and the content and conversation that you put in front of those clients will be the way that you differentiate yourself. So move from content marketing, which was so popular a couple of years ago, I say, take the very tenets of content marketing, and bring them down to a client and have it, again, be client based. That’s where I think law firms will be able to differentiate those micro sites that are just for the client. And the information in that hub is just for that client. You know, if that client is a middle market, private company, they don’t care about what’s happening in the eye, you know, with no, by the way, with no interest in becoming a public company, you know, they don’t want to get 17 newsletters about a new law that’s impacting public companies. But you certainly can be looking at trends that are in the middle market space, and kind of what’s market deal points and be putting that into a hub. So that’s where I think I’d like to see law firms and lawyers and marketing departments really start to focus.

Rachel  16:32

I guess this is sort of like a two pronged question. How have you seen the legal industry pivot in the post COVID world in terms of how they interact with clients? And a larger question would be what changes have you seen with that sort of client interaction since COVID has taken place?

Beth Cuzzone  16:50

Well, I think that the playing field has leveled, I think that there used to be some type of hierarchy before you could have access to a client, when you were at a law firm. If you were the relationship partner, you were the bridge between the client and everybody else at your firm. And I have seen that collapse, that hierarchy collapse. And I think that these relationship partners have brought along, you know, some younger folks, or maybe one of their colleagues who’s an industry expert in something the client needs. But what I’ve also seen, which is so exciting for me, is the opportunity for people in marketing departments to have FaceTime with clients. And that’s always been a little bit of an obstacle for marketing departments and law firms. And I’ve heard so many of my executives, who are amazing brand ambassadors for their law firms say, I’m not sure how I can find a way to be client facing. And it’s been a goal of mine. And I think COVID has really changed that. And I think that now, there are lots of opportunities for the marketing departments, or the business development departments, the client, service departments, whatever they’re called, to really have that forward facing role. And I think feedback is one way, but using your CRM system, to really find some proactive opportunities, and bringing them to the relationship partner and saying, let’s talk with the client about this.

Rachel  18:49

So what are some things that Goulston & Storrs has done the past year to really adapt to challenges brought on by COVID-19? We’ve spoken to a number of law firms so far, and in making this podcast and it seems like all of them sort of have a different answer. So I think it’s interesting to get that perspective.

Beth Cuzzone  19:07

The first thing that we did, I think, as a firm was we took off the law firm or lawyer or legal services hat at the beginning of COVID. I think the place where we probably had a shining moment with our clients, we were worried about our clients, their families, their businesses, and we put down the webinars and the newsletters and the outreach, and just tried to reach out to them on a very personal individual level to be sure people were doing okay and were healthy, and that that’s the first thing we did. But then it came back to business as usual. And I’m looking at so many statistics Rachel that are showing me that law firms are having the best year they’ve had since the last downturn this year. And so we’ve done a number of things differently. First of all, the way we are packaging, pricing and delivering, our legal services looks a little bit different. We brought in a chief value officer a couple of years ago, and it’s a real growth spot for us a real bright light for us. Because we are spending a lot of time with clients trying to figure out how to price you know, our services that fall in line with where they may be, economically. And it’s a marathon, right, it’s not a sprint. And so they’re just, some years clients need a different approach than others, in terms of billing and payment terms, and that sort of thing. So we’ve really been trying to align with our client needs there. And, and just the way we’re talking to them is different, right, we’ve created more on demand video, versus hosting seminars in our offices.. So anything the same that you were doing pre COVID, probably time to look at that process. And I think that runs across all the business operations.  think we’ve all had to manage to change and adapt.

Rachel  21:48

Right. And I think the only constant in life is change. I think one of the things that we have heard from a lot of law firms is just having just a pivot and make all these changes. And now a lot of law firms are looking at adopting law these things long term. So hopefully, we’ll see some, you know, improvements and some changes going long term.

Beth Cuzzone  22:15

I’m wondering, Rachel, you and your team spend so much time out in the marketplace, so I’m interested to see what trends are you seeing in the marketplace around client service and client growth.

Rachel  22:32

We’ve spoken with quite a few law firms in creating this podcast. And I think one of the big trends that we’ve seen from the guests that we’ve interviewed is, and you mentioned this earlier, sort of pivoting more to bring in the client into what these law firms are doing in terms of their marketing efforts, and finding new ways to connect with them. I think one of the one of the big things that we’ve seen as like a company as like, working with clients on publishing their thought leadership and publishing, you know, their events and things like that, I think one of the big things we did see are more firms doing these virtual events. And, you know, putting their expertise out there when they couldn’t meet in person, and they can’t, you know, have a conversation with their clients or go to a conference, or things like that. So I think just finding new ways to connect with the people that they work with, outside of the office, when we can’t actually be with each other in person.

Beth Cuzzone  23:39

Or so you’re starting to see content marketing, turn into content selling in a way and content relationship building. And you’re part of that process.

Rachel  23:49

Right. And we do. One of our publishing clients, specifically writes a lot about ways that attorneys and law firms can really set themselves apart or improve their processes. And that’s been a shift in focus from what we saw before the pandemic.

Beth Cuzzone  24:07

I love that. Are there are initiatives that you’re seeing that firms are deploying that actually improve relationships with their clients? Are you seeing some of what we touched on earlier in other firms or in the marketplace?

Rachel  24:20

Right, I think it sort of goes along with what I said earlier, and really positioning themselves as you know, a value improvement and then also highlighting what they do well, as a firm. Specifically, one of the topics that’s come up in other interviews is really highlighting what the firm is doing more broadly in terms of their growth, some speaking more about, like diversity and inclusion initiatives, keeping themselves accountable for making sure those things happen and really taking on more of these changes that we’ve seen as COVID has progressed. I mean, it’s just Typically, I’m talking about, you know, remote work arrangements, you know, really listening to what their attorneys want and need. So I think that’s been a big thing that we’ve seen on technology.

Beth Cuzzone  25:11

Are you seeing any technology that’s hot around growing relationships?

Rachel  25:21

The main thing is, as I spoke earlier, really taking advantage of virtual events. And I’m not specifically talking about just webinars, one of the other firms that we had on spoke about how they interacted with clients. And this is maybe more than relationship building is sort of empowering attorneys to have like a coffee meeting with their clients like a virtual coffee meeting. So they would, they would give out these Starbucks gift cards. So they could sit down with their clients and have a cup of coffee virtually, and really hear about the things that they’re experiencing, their pain points, things like that. And one other thing that they were talking about was, before the pandemic, they maybe had never even heard of doing a virtual happy hour. And maybe a lot of people would have scoffed at that idea of having like, either like a drink or a cup of coffee over a Zoom call. But he said that, you know, he’s been on countless, or at least I think at least he said, at least three virtual happy hour since the pandemic began. I don’t really think a lot of people used Zoom a lot before the pandemic. So it’s been sort of a big way that people have connected with their clients. But I’d be interested in hearing what you have to say about that topic. You know, are there any technologies that you’re seeing that are helping firms grow their relationships with their clients?

Beth Cuzzone  26:47

I think there’s a couple of things that we’re seeing Goulston & Storrs. We are looking for technology that brings efficiency, and AI to some of the services that we provide. And so you know, you’re on a constant hunt nf figuring out how artificial intelligence and that sort of thing helps. But also, one of the things that we’ve done is we have adopted a technology in all of our business units that talk to each other. Finance, pricing, experience, relationship, management, enterprise, all of those products are talking to each other. So you are more informed. And we’ve been able to create some predictability around some of our client needs. Because there’s so many things talking to each other, as opposed to having these silos. I feel like you and I are experiencing and seeing a lot of the same trends, I think our highlights for today is great disruption brings great opportunity, service will be a differentiator, your client is another law firm’s prospect. Getting closer and digging further down into that relationship has never been more important. And client feedback is not only a way for that to happen, but I think it’s also a way for the marketing business operations functions to find client facing roles.

Rachel  28:23

Right. And I think specifically, your focus for this podcast about bringing the client into the conversation, I think, isn’t one that we’ve had so far. I think one thing that’s been really great about this podcast is just being able to learn so much from each of the people that we talked to. So yeah, thank you for joining us today. And thank you for those great questions.

Beth Cuzzone  28:45

I just want to again, thank you for bringing this podcast to us. And the series because I think we’re going to learn a lot from each other. I think there’s a real brain trust among a legal marketing and business development community. And I’m thrilled that you’re bringing it together and making it accessible for all of us.

Rachel  29:05

We had a great conversation about client feedback, revenue, and go-to-market strategies in the legal industry. Special thanks to Beth Cuzzone from Goulston & Storrs for joining us today.

Beth Cuzzone  29:15

Thank you so much, Rachel.

Copyright ©2021 National Law Forum, LLC

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

11 Ways to Tap into the Legal Market’s Greenfield

A survey conducted in 2019 determined that nearly 80% of Americans with a legal issue didn’t hire a lawyer to handle it. When you consider that over 50% of people in the US claim to have had a legal issue at some point over the last two years, you’re looking at a considerable amount of potential clients. In other words, there is an enormous array of people who need lawyers who simply aren’t hiring one.

The secret to tapping into this greenfield dormant legal market is knowing the reasons behind their aversion to lawyers. By understanding the reasons behind people’s hesitancy to pay for legal services, you can attempt to better appeal to them, and tap into a huge pool of potential clients.

Why People Are Hesitant To Hire Lawyers:

!Price

The first and most obvious reason why people are hesitant to hire a lawyer is the price tag attached to them. Considering the majority of Americans are living paycheck to paycheck, it’s not surprising that paying between $100 and $400 an hour for a lawyer (or more) is a stretch for their wallets.

Even “simple” legal cases can cost thousands of dollars, and more complex ones can be financially detrimental for a cash-strapped client. Although many lawyers are starting to move towards a flat-fee pricing system that delivers an upfront summary of costs rather than wondering how much your case will all add up, a lot of people still aren’t biting.

It’s time for lawyers to start asking themselves how they can transform the way they deliver and price their legal services to tap into this untapped world of would-be clients.

!Lack of Transparency

Ever heard the joke, “what’s the difference between a vacuum cleaner and a lawyer riding a motorcycle?” — “The vacuum cleaner has the dirtbag on the inside.” This is just one of the many zingers out there about lawyers. It’s no secret that many swindling lawyers have made it hard for the honest ones in the profession. Now, lawyers have to defend themselves against lousy reputations for lack of transparency about their prices.

That’s why it’s incredibly important that you lay out your pricing system from day one. Be clear about your prices, and you’ll save you and your client a world of trouble later on.

!Bad Past Experiences

Another frequent reason for the untapped legal market not hiring lawyers is because many people have had bad experiences with a lawyer in the past. Surprisingly, people’s biggest reason for a negative experience is often because they felt their lawyers were very bad at communication. Believe it or not, a positive client experience doesn’t always come down to their lawyer winning their case or not. Clients often just want to be informed on their case and answered in a timely manner when they have a question.

That means there are people out there thrilled with their lawyers and their lawyers didn’t even give them the best possible outcome on their case. Ultimately, what people want is a positive client journey. Yet, without a systematic method in place, it can be hard to deliver the kind of service that people want.

The only way to convince people that not all lawyers are bad is to get things started on the right foot. Using legal client intake software is the only way to respond quickly when you’re handling multiple cases at a time. Workflow automation for law firms makes your clients feel connected to you from the first moment they reach out. Legal client intake software allows you to set up trigger-based emails that automatically send a message out based on an action of your choosing. The end result is satisfied clients who feel as if they’re your only client.

©2021 — Lawmatics

Article by Sarah Bottorff with Lawmatics.
For more articles about the legal market, visit the NLR Business of Law section.

A Lawyers Spring Cleaning Guide to Decluttering the Intake Process

Spring is upon us and what better time than now for lawyers to clean up a process that can sometimes get messy —  the client intake process. Client intake is a pivotal step in converting those hard-earned leads to customers and can leave a lasting impression on your law firm. It’s important to periodically look at what is and is not working in your own firm’s intake process.

Prospective clients will be evaluating your professionalism, skill, personality, and customer service from this moment forward. Not only is it important for lawyers to ask the right questions so they may decide on the best approach to a case, but lawyers additionally need to consider the client experience.

Your prospective client is also interviewing you, wasting time shuffling through paperwork or unorganized files looks unprofessional and could be the difference in winning over that client or not. Keeping this in mind, don’t waste the client’s time with a slow intake process. A streamlined, clutter-free client intake is a win-win, let’s go over some tips in this guide.

Ask yourself the right questions

When thinking about client intake, lawyers should think about themselves first. It may be an odd concept but it will ultimately save you and the client time. The key is to ask enough screening questions to evaluate if the client will be a good fit. To do this, lawyers need to determine their ideal client and have a good understanding of the services their firm can realistically offer.

When evaluating what questions to ask the client, lawyers should consider the following:

  1. What key information do I need for this case?
  2. What is my timeframe?
  3. What type of cases can I take on?
  4. Are there other recommendations I can make if I can’t assist the client?

The answers to these questions will be different for each lawyer but they should get you thinking about what information you will need during client intake. Clients will appreciate lawyers who have a firm understanding of their capabilities and services instead of stretching the truth just to sign a client on board.

Automate your client intake

The easiest way to clean up your client intake is to streamline it with automated forms. Automated forms allow lawyers and their team to easily access and distribute forms to the client without having to jump on the phone or come into the office. This is even more important now that virtual or hybrid offices are here to stay.

Platforms like PracticePanther allow lawyers to create customizable client intake templates that are easily interchangeable and responsive. Implementing automated forms will:

Reduce non-billable hours

Client intake can be time-consuming for busy lawyers. Allowing clients to independently fill out their information will save you time and resources that could be allocated towards managing other aspects of your practice.

Eliminate human error

If your firm is using a paper client intake form or filling out the form on behalf of the client, mistakes can be made. This isn’t to say that you or your team are doing poor work – human error is sometimes inevitable. Transitioning away from paper to an automated form will greatly reduce the potential for human error and increase data accuracy.

Improve the client experience

Accessibility is an important aspect of the client experience. Having the option for the client to fill out the form anytime, anywhere will increase the likelihood they will complete it and in a timely manner. PracticePanther forms were made with this in mind and can be used across all mobile devices.

Provide multiple client intake funnels

Your firm’s marketing strategy should always include multiple client intake funnels. This will increase your online visibility to prospective clients and offer them options to choose platforms they are comfortable with. Whether a potential client is coming from social media, landing pages, ads, or a review website, the intake process should be uniform.

Taking this into account, it’s important to ensure all members of your team are familiar with the intake process and have easy access to the proper forms. Client intake should be a team effort (if your firm is large enough to handle it) especially when prospective clients can come from any platform, at any time. If you operate a solo firm, automating client intake through multiple channels ensures that customer service doesn’t suffer.

Keep it simple

If there’s one thing lawyers want more of, it’s time. Adopting processes and software that offer a “set it and forget it” approach will allow lawyers to focus their time on assisting clients. By using this guide, you’ll be on your way to a tidy intake of clients for seasons to come.

© Copyright 2021 PracticePanther

 


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

 

How to Use Client Trust Accounts to Actually Build Trust

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

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

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

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

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

What is a client trust account?  

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

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

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

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

When are these trust accounts used?

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

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

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

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

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

Here comes the fun part – accounting! 

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

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

Step 2: Keep a separate ledger for each client

Step 3: Add detailed notes for each transaction

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

© Copyright 2020 PracticePanther


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

Reimagining Jury Research: The Versatility of Online Community Attitude Surveys

Community attitude surveys (CAS) number among the very first research projects conducted by jury consultants in the history of the field. Social scientists have been conducting surveys for nearly a century, and such an examination of attitudes, beliefs, and responses to stimuli are a natural boon for practicing attorneys. The most sophisticated designs can assess a case in terms of extant juror attitudes toward the parties, strength of arguments, and likely damages.

Traditionally, these surveys have involved tedious collection of data via call centers and laborious statistical analysis. But online survey platforms have grown more sophisticated, the significance of this technology is threefold: online CAS allow for versatile research approaches, enhanced data analysis, and broader output in terms of results.

VERSATILITY IN PLATFORM

Test whatever you want to test.

The online CAS format offers an array of options that enable you to examine the most crucial elements of your case. The end result is a precise and actionable report on jurors’ responses to the given case element.

Need to know how a witness is going to be perceived? The online platform allows us to isolate the impact of a single witness to determine their credibility in terms of expertise, trustworthiness, and dynamism. This method is a cost-effective way to get quick but insightful perspective to inform the preparation of your witness.

Need to know whether jurors understand a patent? In patent litigation, it’s often crucial that jurors ‘get’ how something works. Through the online survey approach, we can test whether they see differences or congruities between products. We can isolate this piece of very complex litigation and see if jurors follow this fundamental element of the case. In essence, we test not only their objective knowledge following the video/graphical explanation of the patent, but we also identify their ability to recognize infringement.

An advanced platform for experienced researchers who use sophisticated methods.

The online approach has been favored by social scientists for several years because it also facilitates careful question construction and experimental design.

Unlike traditional telephone surveys, an online survey allows for more complex response types, including matrix questioning, hot spot testing, reaction time testing, and ranking lists. This type of data collection enables nuanced understanding of jurors’ attitudes and opinions.

Assess cases across multiple venues simultaneously.

Online surveys are a great option for attorneys who are trying similar lawsuits across several venues or those who want to weigh the value of trying a case in one jurisdiction versus another. Online surveys can be quickly and easily disseminated across multiple venues, such that you gain insights about distinct samples that represent several given venires.

For a client that anticipates multiple related lawsuits across several jurisdictions, the online research survey is an ideal method for assessing the environment in advance of litigation. An identical survey and methodology can be employed across multiple venues simultaneously. In instances where a change in venue is being considered, the online survey approach allows for a cost-effective side-by-side comparison of juror attitudes in multiple venues.

SCOPE OF ANALYSIS

The most efficient data analysis and reporting.

Unlike traditional community attitude surveys conducted by telephone, online surveys facilitate quick and reliable data output that is ready for analysis in powerful statistical software. With a telephone survey, the coding and translation must be done manually—an arduous process that typically results in an error-ridden spreadsheet.

But the online platform allows us to instantaneously download the dataset for cleaning and processing, such that you get the results even faster. Rather than the process taking a matter of weeks, the collection and analysis can be completed in just days. Additionally, this level of data output allows for more rigorous data analysis and more nuance in findings. Our examination of the data can result in advanced statistics like regression coefficients and factor analysis.

Longitudinal study and trend analysis.

Much of the litigation we consult on is drawn out or otherwise may face an extended timeline before it finally reaches a jury trial. This occurrence is especially common in the wake of the incredible backlog most courts face as a result of the COVID-19 pandemic. Fortunately, online surveys can be readily and inexpensively sent out in several iterations, thus enabling attorneys to stay on top of shifting attitudes.

Consider litigation that involves a company that is facing significant and repeated publicized missteps: how might jurors’ attitudes change over the course of several months? Online surveys can assess changes in jurors’ levels of punitiveness or anger toward a relevant party. Additionally, there may be historical artifacts that impact the jurors who will decide your case. Consider how major events like the Black Lives Matter movement may impact jurors’ evaluation of a case. Through the above-described statistical approaches, we can perform a trend analysis that maps the perception of a litigating party at multiple timepoints.

VALUABLE RESULTS

Insightful results at a reasonable price.

Traditional community attitude surveys are inefficient due to the costs of call centers—which generally charge by the minute—and the backend costs of coding the data. The cost associated with performing a telephone survey is prohibitive for many trial teams. Online research surveys are efficient: respondents are less expensive and the cost of call centers is eliminated. More time can be spent looking carefully at the data and gleaning the best results.

While not as involved or in-depth as a full mock trial or focus group, online surveys yield valuable findings that can inform case strategy, mediations, and even future research. Online CAS are significantly less expensive than other types of jury research, making them a wise first step in the consulting process.

An in-depth assessment of case-relevant attitudes and potential damages.

A major advantage of conducting an online research survey is that it enables us to obtain a large sample size, and thus, capture a powerful cross-section of jurors’ case attitudes. Since the cost of respondents is relatively low, we can sample hundreds of eligible jurors in a given venue and generate statistical power. An accurate description of juror attitudes toward the litigating parties and the case itself is ensured by this kind of methodology.

Online surveys can also help assess possible damages, particularly in high-profile cases or in litigation that involves high-profile clients. It allows us to determine not only an informed assessment of the probability of damages, but a range and estimation of how large these damages may be. Such insights may prove crucial in shaping settlement or mediation positions.

A quantitative foundation for your case.

At the preliminary stages of your case, an online research survey can offer valuable data on the potential outcomes should it proceed to a jury trial. It is an efficient and cost-effective first step in developing your case strategy.  We encourage clients to consider conducting this kind of research early in the process so the findings may inform strategic decisions, settlement decisions, witness preparation, graphic development, and even additional mock trial research. It helps place you in a position of greater knowledge and certainty as your case moves forward.

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For more, visit the NLR Law Office Management section.

It’s Here: How Law Firms Must Prepare for the Rise of “New Law”

Scan a list of legal trade headlines right now, and one or more are likely to reference “new law,” which has come to broadly mean leveraging technology to provide legal services in novel ways. Some law firms may ignore this trend and continue their “old law” approach – which could soon drive them out of business. Instead, firm leaders and administrators should embrace this shift and the tangible benefits that come with it.

The end of doing everything in-house

“New law” will be the death knell of vertical integration at law firms. The idea that everything must be done within the firm, whether it relates to the actual practice of law or not, is now irrelevant. A law firm’s core business is to provide legal services, and any other function outside of that should be examined to determine if it’s in the firm’s best interest to do it in-house. Law firms are not experts at everything, and many aspects of running a business can and should be left to outside experts.

For example, what law firm would deny the value of using artificial intelligence to parse endless reams of electronic data to prepare for discovery? Very few. Similarly, firms might be able to shift functions such as billing and marketing, and even reception and recruiting to companies that specialize in those tasks.

New law means asking questions about a firm’s core activities 

In the “new law” era, firms will have to make decisions about what they want to do in-house and what to outsource. Four questions can guide that analysis:

  • How important is this function to the firm?
  • What is the cost of the firm doing it versus outsourcing?
  • How good are we as a firm at doing this?
  • Do we have the right people in those roles, or could we use outside experts?

Applying these questions to any operation within the firm will reveal whether it’s something that should continue in-house or if there are alternatives. For example, is it cost-effective to have a billing department when outside companies specialize in this and can offer the same service at a reduced (and variable) expense?

Consider whether a firm understands a role enough to identify and hire the best people, and if the firm performs that task more efficiently than a company that specializes in that service.  It may be more effective to outsource that function in order to increase a firm’s client satisfaction and service.

Law firms must determine what is considered an essential service that must be done in-house. A firm working with wealthy clients may prioritize having staff in roles that deliver high-touch and personalized service. Billing and marketing, however, could perhaps be outsourced. By contrast, a law firm might make use of a virtual receptionist service to handle large volumes of inquiries and ensure no balls are dropped in answering calls and scheduling consults that lead to new clients.

“New law” offers firms the ability to be deliberate in deciding which functions must be done by someone working for the firm and which can be best left to outside providers. No one approach will work for every firm — and that’s the point. Whatever it takes for a firm to provide excellent service while increasing profitability is what should be done.

Make the shift or fade away

Many firms might see “new law” as a threat — but, in fact, it’s an opportunity. Those who make this shift away from vertical integration will benefit from increased profitability while also ensuring their clients receive the best possible service at every interaction.

Firms must stop thinking they can do it all. Lawyers know the law, and that should be the focus of the firm. Anything else that’s added must be weighed and considered against what’s most beneficial to the firm.

There is also a risk of not going through this shift now. Firms that engage in this process will likely become leaner, more competitive, and outbid those who don’t. A firm that trims overhead and broadens profit margins is far more flexible when it comes to pricing its services. Clients know that and will start to see the difference when reviewing RFP responses.

Quite simply, leveraging “new law” now means a firm will solidify its future in an increasingly competitive marketplace for legal services.

All lawyers use paper, but no firms make their own because of the cost and quality issues of doing so; any other non-core services that a firm performs should be similarly evaluated.

© Copyright 2021 Lexicon


ARTICLE BY Scott Brennan of Lexicon
For more, visit the NLR Law Office Management section.