Law firms serving corporate clients face increasing pressure not only to make their workplaces more diverse and inclusive overall, but also to ensure that more women and people of color occupy top positions of power. Last January’s open letter from 170 general counsel serves as the most pointed example of this client demand. In it, they called on law partners to “develop, promote and retain talented and diverse attorneys”—or risk losing business to firms that take diversity and inclusion seriously.
Law firm leaders who have long paid lip service to these goals without actually changing their recruiting, professional development or performance evaluation practices face a true crisis, and mapping out a path forward that satisfies client demand, not to mention the moral imperative to create firms that better represent our society, will require a multifaceted approach. It might surprise you to learn that a sophisticated communications and media strategy is a crucial piece of that plan.
While public relations may not seem to have an obvious connection with diversity efforts, PR partners who specialize in the legal sector can provide law firm leaders with strategic, targeted support to meet their goals for equity. Effective law firm PR partners can help you:
Audit current initiatives. Most firms are doing something on diversity and inclusion, with varying results. If these initiatives are not yielding the desired outcome, it’s time to think about why. Sometimes the real problem is not a lack of effort but the flawed thinking behind a program.
For example, many initiatives intended to address gender equality target differences in women’s approach to risk-taking, negotiation, and work-life balance. While that may sound like progress, focusing on individual women’s choices furthers beliefs and stereotypes that have been debunked by decades of reliable data about fundamental gender differences. Men and women are not nearly so different as we persist in believing. They behave differently in various settings not because of inherent traits but because of organizational practices that reward and punish men and women differently. Equity initiatives that target systemic issues like parental leave and the pay gap are more likely to improve the promotion and retention of women.
As your approach to improving diversity evolves, your internal and external communications need to evolve too. PR support can help you demonstrate a more sophisticated understanding of the problems and the solutions—and show clients that you are serious about making measurable progress.
Reimagine networking. Today’s attorneys know they must provide excellent client service and master the art of business development. That typically involves some form of networking: getting out of the office to form relationships with clients and prospects, and planting the seeds for referrals and new business down the road. But old-fashioned networking—on the golf course, in the bar, at the country club—is not always a strategy that works for women, people of color, LGBTQ lawyers, and others who have come to the field from outside the old boys’ network. If you are serious about supporting your diverse attorneys, you can get proactive about professional development that helps them build their business in ways that work for them. And your PR team can help these attorneys become more active in relevant professional organizations, nominate them for awards, boost their online and social media presence, and facilitate alternative networking opportunities.
Activate a hands-on media strategy. A customized, targeted plan to promote your diverse attorneys’ immense skills and experience, as well as their innovative approaches to old problems, is key to raising their profiles and, by extension, your firm’s profile as well. PR support can help attorneys build relationships with the reporters who cover issues in their practice area so that they can become expert sources. Attorneys can partner with writers to create thought leadership articles for the publications most widely read by their clients and prospects. Nothing helps you take control of the narrative about your firm like media opportunities that highlight the skills and experience of your current and future diverse superstars.
With clients pressuring law firms to change their ways, creating a diverse and inclusive workplace has gone from a lofty goal to a strategic imperative. This necessary transformation presents leaders with significant challenges, but the good news is you don’t have to go it alone. Experts in communications and media strategy can help you take practical steps to develop and support the diverse attorneys who serve your most valued clients. And, of course, as you would expect, PR professionals can also help you share the good news about the progress you’re making in advancing diversity and inclusion in your firm.
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. Skellyand 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.
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.”
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.
Seyfarth 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, 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.
The 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.
Last week the Legal Sales and Service Organization announced the 2019 winners Sales & Service Award Winners. The awards were presented by John Hellerman at the 16th Annual RainDance conference. Winners were recognized in three categories:
Sales & Service Sales Team of the Year
Sales & Service Executive of the Year (small firm)
Sales & Service Executive of the Year (large firm)
The panel of judges included Erica Glass, Director of Global Corporate Communications and Wolters Kluwer, Chris Hummel, Director of Marketing and Business Development at Banner Witcoff and Samantha McKenna, LinkedIn Sales Navigator. The judges looked to recognize sales, business development, and marketing professionals who spearheaded initiatives that contributed to revenue growth in law firms in 2018.
Barnes & Thornburg was named the Sales & Service Team of the Year, recognized for their “Marketing Blitz 1.0.” In this initiative, the four-person team of Gretchen Helms, Business Development Manager, Karen Smith, Director of Communications, Susan Haag, Director of Marketing Services and Gwen Ragno, Digital Marketing Manager hit the road, visiting each of the firm’s offices to provide attorneys with training. Topics included new approaches to business development and showcased the capabilities of the department. The initiative was such a success, Marketing Blitz 2.0 is in the works.
Brandi Hobbs, the Director of Client Service & Strategy at Poyner Spruill was named the Sales & Service Executive of the Year in the small firm category. Poyner Spruill is a 93-attorney firm based in North Carolina, and Hobbs spearheaded a program to set strategic marketing and business development choices by focusing on “Clients as Advocates.” Throughout the year, Hobbs developed new approaches to training and increasing efficiency in the firm, with a focus on client service and learning client’s businesses to deepen relationships.
Christian Berger, Senior Advisor of Strategic Business Development at McGuire Woods was named the Sales & Service Executive of the Year for a large firm. Over the past year, Berger has originated or co-originated more than 75 new client relationships and participated in more than 160 first pitch meetings. Additionally, Berger has worked with attorneys to coach them on their own Business Development efforts, and Joe Cave, Chief Marketing and Business Development Officer says his impact on the firm is “nothing short of remarkable.”
Jennifer Tolsky was recently promoted to partner with the law firm of Gould & Ratner in the Tax & Wealth Transfer Group. Tolsky is a CPA whose tax knowledge augments her legal practice, giving her a heightened awareness of tax concerns with estate planning, wealth transfer strategies and business succession planning. Tolsky blends experience in tax compliance with an understanding of the personal nature of estate planning to provide nuanced and well-rounded counsel to clients of Gould & Ratner.
The Importance of Tax Compliance to Estate Planning
Although “technically” Tolsky received her law degree first, she points out that she began her career as a CPA. For Tolsky, her work as an attorney is built on a foundation of tax compliance knowledge. The recession of 2008 influenced her career trajectory, and she says, “My dad, who is also a CPA, urged me to pursue an advanced degree in accounting due to the job shortage.” This led to work in tax compliance, and she was able to marry the two by becoming an associate at Gould & Ratner. Tolsky says, “Tax law is ever changing and evolving, and I enjoy the challenges it brings. My accounting background, and specifically, my tax compliance background, informs my legal practice on a daily basis.”
Tolsky sees her current area of practice in the Tax & Wealth Transfer group as a “natural segue” from her previous experience in tax compliance. She says, “I always consider how an issue I am reviewing or a provision I am drafting will impact a tax return, as well as how items will be executed once implemented . . . because of my previous role in tax compliance, I was able to see many of the issues I deal with currently manifest themselves in the ‘real world’.” This practical familiarity is ideal in such a personal area of law such as estate planning, where there is a premium on tax efficiency and clients appreciate an in-depth understanding of the nuances of their individual situations.
With tax laws constantly changing, the challenges confronting estate planning clients continue to evolve. Tolsky sees her role as an advisory one, helping her clients understand how the changes can impact them on multiple levels. For example, the increased federal exemption on estate taxes, which has increased steadily since 1997, and according to the Tax Policy Center, the federal estate tax impacted the tax returns of less than 0.1 percent of the 2.7 million people who passed away in 2018. However, other issues are still in play for clients. Tolsky says, “Although the increased exemption may allow an individual’s estate to pass estate tax-free, there are other issues, such as probate, creditor protection, and ensuring that your assets pass according to your wishes.” While the playing field is constantly changing, a strong foundation in tax compliance provides real-world expertise for Tolsky as she guides her clients through these issues.
Value of Relationships with Estate Planning, Wealth Transfer and Business Succession Clients
Estate planning is an area of the law that can get very personal for individuals, and Tolsky knows how important it is that client concerns are addressed with an eye to all the issues in play. She works to establish trust with her clients by understanding their concerns as well as their goals, and finding solutions that deliver on both as efficiently as possible. She says, “Due to the individual nature of estate planning, relationships are important, and I believe that’s the best way to invest in building your book of business.” John Mays, the Managing Partner of Gould & Ratner, says, “she [Jennifer Tolsky] brings a wealth of experience to the firm and is a pleasure to work with on matters very personal and thus very important to our clients.”
Pierce Atwood, is launching a Class Action Mediation service with led by Don Frederico, Boston Partner and chair of the Class Action Defense Practice. Frederico took some time to share his insights on class action litigation with NLR readers. He offers some advice to attorneys who are looking for a career working in Class Action Litigation, as well as his insights into why mediation might be the best solution for clients.
Frederico has over three decades of trial and litigation experience. He says, “I have worked with many attorneys on both sides of the ‘v’ and have litigated, mediated, and settled many different types of class actions.” This experience gives Frederico the understanding to assist in the negotiation of settlement agreements that achieve client goals, satisfy the standards applicable to class action settlements and ultimately get approved by the courts. Frederico describes the intricacies of Class Action litigation, some advice for how to succeed in this area based on his experience, why mediation is sometimes the best answer for both plaintiffs and defendants.
Class Actions: A Complex and Challenging Area of Law and Some Guidelines for Success
Class action litigation offers many unique challenges for attorneys who practice in that area. Frederico says, “Class action litigation combines many things I like about practicing law. It is intellectually challenging and procedurally complex, and brings to bear interpretations of a complex set of case law, including many Supreme Court precedents.” Combine that with high stakes and a result that can impact not just an individual, but a wide group, he says, “You have an opportunity for vigorous courtroom advocacy in connection with the merits of the case, the class certification motion, and often the admissibility of expert testimony in a variety of fields of knowledge.”
In his view, a few elements are key to being successful with class action law. Though it may seem fundamental, he indicates the first piece for any aspiring class action attorney is to know class action law and know it well. He says, “So much depends on the class certification motion tha close familiarity with the key rules, principles, and cases is imperative.” Along those lines, Frederico suggests aspiring class action attorneys “master fundamental litigation skills. The best class action lawyers are good trial lawyers, and knowing how to try a case, prepare a case for trial, and present oral argument is just as important as knowing the key class action decisions applicable to your case.”
In the courtroom, reading your audience and assessing their familiarity with these knotty procedural guidelines is crucial. Frederico points out, “Some judges have handled enough class actions that they don’t need you to dwell on the basics, but others need and often want your argument to include an overview of the fundamental principles applicable to the class action motion.” Discerning what elements to include where and when, and if the judge you are arguing before wants those guideposts can have an impact on your outcome. Speaking to the procedural roller coaster than class actions can be, Frederico advises: “Fight hard against opposing counsel, but never make it personal.” In most class action situations, opposing counsel end up working together on questions of settlement, and he says, “ If you transition from making war to making peace, you and your opponent will need to work together to craft a reasonable settlement and may need to join forces against objectors who would derail it. Adversaries can quickly become needed allies.”
Mediation in Class Actions
As discussed, Class Action Litigation can be very expensive, time-consuming and risky. Mediation is attractive because it helps undercut those three downsides, and instead focuses on finding solutions to the disputes at hand. Frederico says, “Mediation can mean the difference between rationally managing each side’s business and financial goals and simply throwing the dice and hoping for the best.” Frederico points to the risk on both sides that class action litigation can entail–how it can take years for the process to unfurl through trial and appellate courts while defendants risk a large judgement and plaintiffs counsel risk uncompensated time and large costs. The court system itself is prohibitive, with high costs for expert witnesses and extensive discovery, briefing and argument before any sort of resolution is reached. While defendants don’t want to reward meritless cases with a settlement, Frederico says, “some defendants will endure high costs of defense as a matter of principle, but defendants also must weigh those costs against the business realities of expensive and distracting litigation as well as the probability and consequences of a bad outcome.”
With the risks inherent in class action litigation, mediation is often in the best interests of the client. Frederico says, “most class actions settle, and many of them settle after mediation. As a trial lawyer, I often don’t want my cases to settle, but as a business advisor, I recognize that a class action settlement often may be in my client’s best interest.”
While these lessons seem obvious, you would be surprised how frequently we get requests for etiquette training for lawyers. But it’s a fact that how we present ourselves has a significant impact on our brand. If you are seated next to a lawyer who slurps his soup, uses the wrong fork and drinks from your water glass, how likely are you to hire him?
Like our table manners, our communication etiquette sometimes needs attention, too. After all, good relationships begin with good communication. As a communications professional, here are my five biggest communication pet peeves:
Email Signatures: It is a best practice to include your telephone number in your email signature, even on the reply. In this day and age, a majority of our business is conducted without ever hearing someone’s voice. Sometimes, though, actually talking is the best way to communicate, and it is terribly frustrating to have to go digging through old emails, files and even paper notebooks to find a phone number.
If your law firm doesn’t already have a standard email signature protocol, now is the time to institute it. Use it as a way to market your law firm, being mindful not to overwhelm readers with too many ways to reach you. If you are including a graphic, make sure recipients can view it on a mobile device and that it does not make an email too large to open. Your clients will thank you!
Grammar & Spelling: They’re/their, who’s/whose, you’re/your, it’s/its. Learn it, live it, love it. Sure, we all can make mistakes when using our smartphones and blame them on autocorrect, but there are some basic grammar rules that we as legal industry professionals should know.
In addition, try to tighten up your sentences. For example, “I thought I would connect with Jane to discuss,” can be rewritten as “I am going to call Jane to discuss,” or “Jane and I are going to discuss.” To put it concisely, be direct.
And take the time to ensure that you do not have any spelling errors. Readers will automatically assume the worst of you – and your intellect – if you misspell words. Spellcheck is not always accurate, so proofread your work. If you are not a great proofreader yourself, enlist the help of a colleague or a professional proofreader before you send documents to clients. With emails, take a few extra seconds before clicking send.
Limit the Word “Just”: In the spirit of being direct, I want to share my dislike of the word “just.” Improper use of the word often weakens what you are communicating and implies an unspoken apology. I am certainly guilty of using it and am consciously trying to eliminate it from my vocabulary. For example, “I am just following up” suggests that I am sorry to bother you but have something that I think is important to say. “I just have to say” implies that what you have to say is somehow a side note.
Try eliminating the word “just” when you are asking someone to do something for you as well. “Can you just…” minimizes a person’s contributions. Count how many times you use the word “just” in a day, and see if eliminating it helps you become a stronger communicator.
“At Your Earliest Convenience”: Be careful with this term because, when used the wrong way, it makes you seem lazy and unengaged. It is perfectly fine to ask someone to respond at their earliest convenience, but how do you feel when I tell you that I will call you back at my earliest convenience? Probably like I will get to you after I drink my coffee and check social media. For most law firm marketers, your “clients” are the attorneys in your firm. They are your most important asset. Make them feel that way, and avoid telling them that you will do something when it is convenient for you. Try “as soon as possible” instead. It feels much better!
Emphasize Sparingly: When I receive an email that is filled with bold, underlined and all-caps words, I FEEL LIKE I AM BEING YELLED AT and that whatever isn’t emphasized probably isn’t important! Think about what you are emphasizing. Is it really crucial? As a general rule of thumb, focus on headers and deadlines to make sure that all of the content of your email is properly read and understood. Then think about using the signature at the bottom of the email to give the person a way to call to confirm.
All of the ways we present ourselves and communicate – both directly and indirectly – impact our personal brands. Making yourself available and easy to communicate with will boost your personal brand, make people feel good about doing business with you, and hopefully drive more business.
First of all, in many ways, marketing in law firms is tough because firms are naturally critical of new initiatives and leadership tends to be filled with “professional skeptics” who are quick to point out why something won’t work. So to be successful, one must be strategic. Turvill says, “It is difficult to get leadership on board with a strategy, and it will take time for strategies to show results. So the answer is to take these facts explicitly into account. I am a big believer in starting small, demonstrating that a particular approach is likely to bear fruit.” Burkhardt says, “It’s important to monitor and improve client satisfaction and to ensure that our clients are aware of all the services available to them.” Cuzzone offers two golden rules: “the marketing initiatives [should] align with the firm’s strategic direction, culture and values. The burden is on the marketing professionals to marry the implementation of the strategy with their firm’s people, personalities and budget.”
That means playing to people’s strengths. Many marketing professionals at law firms have the same complaint: getting attorneys to work on marketing goals can be a difficult ask. One example of this is content generation for content marketing: getting attorneys to write can be a challenge. Turvill reminds us that “Recognize first that writing or generating content may not be the right approach for all attorneys. As someone said to me, ‘you shouldn’t try and teach a pig how to sing opera; the pig will get angry and you’ll simply get muddy.’” Turvill points out that there are many ways to create content, and “it is not necessary for attorneys to be the laboring oar on content generation.” External consultants can be helpful, and finding ways for attorneys to have public obligations for writing give them a greater sense of commitment. Turvill says, “once the content is generated, then we repurpose that in as many ways possible.” Cuzzone agrees, saying, “Once an attorney produces one piece of content – members of our department are good at repurposing it in several mediums. We turn a litigation win into a case study . . . We turn a simple blog post into an executive briefing powerpoint to be given to clients or an article into a checklist, and so on.” Cuzzone adds that it is very important to have strong writers on your team.
Once you have content, a social media strategy is crucial for getting it out and seen. However, a good social media strategy is a bit more in-depth. Cuzzone says it’s all about creating a “unique social media personality by posting items that reflect our culture, people and clients … we don’t just post links to our newsletters and press releases. We also started interacting with clients on social media.” Turvill agrees that social media should be thought-out and deliberate, involving the basic principles of marketing. Social media channels should be segmented, so various practice groups have their own channels and the content should be tailored with client needs in mind. Turvill also suggests that content should be differentiated–so there is information available through your social media feeds that is unique to you. All of social media should be targeted, so that you know who your audience is broken down in terms of their position, industry and interest.
Turvill and Cuzzone agree that in terms of success, it’s important for law firms to know who they are and where they’ve been. Turvill says, “The single most important technology is a database of a firm’s experience that can be easily searched and then used to generate a listing of representative matters in response to a request from a client.” Being able to quickly reference previous work done, and its subject matter is an important tool to have, as Turvill points out, “Outside of references, a client will judge a firm’s appropriateness for a matter based largely on whether they’ve done something like this previously.” Cuzzone agrees, saying, “much consideration needs to be given internally before developing an external strategy.”
In his role as Client Services Director at Wyrick Robbins, David Burkhardt sees the importance of “listening opportunities.” Burkhardt sees his job to provide, “intentional and sustained client advocacy. Client service reviews, interviews and satisfaction surveys are a natural way to engage our clients in conversation.” These are the opportunities for firms to learn about their performance and how their client’s perceive their service, perhaps using different metrics than law firms are familiar with. Burkhardt says, “Law firms still have a ways to go to truly make their clients’ voices heard. Yes, you won the case or closed the deal, but that is not always the ultimate sign of client success.” Burkhardt points out that things like how your firm communicates with clients can have a big impact on how the client views the transaction. Similarly,something as minor as asking clients if they prefer an email to a phone call–can make a big difference.
As these steps are put in place, in order to demonstrate the success that might otherwise be difficult to measure, it’s important to create a measurement system that can show the growth or change. Cuzzone says, “Since implementation has a high failure rate in law firm marketing, benchmarks are essential to show progress along the process.” Being able to demonstrate success, with numbers and data, can go a long way to convincing skeptical law firm leadership that marketing initiatives contributed to the bottom line.
Successful marketing within law firms requires strategy, self-awareness, and a solid understanding of what your clients, and potential clients, want. Strategically playing to the strengths of your firm for marketing purposes, re-purposing content, having a social media plan, and making sure yardsticks are in place to monitor progress are all important steps in being successful.
The title “managing partner” falls short of the mark in describing the work of a law firm leader. “Chief executive officer,” in my opinion, is more accurate. Terminology evolves so that some titles no longer reflect their original meaning.
Managing partner has become such a term. When a managing partner is named, is the law firm really appointing a manager in the corporate sense? A manager, after all, is a caretaker responsible for oversight of a unit or department.
A recent survey on the topic of law firm management and leadership asked those polled to distinguish between a “manager” and a “leader.” Insights that the survey respondents offered included, “Management is mechanical, while leadership is inspirational,” and “The leader sets the direction and the plan, while the manager implements the plan.”
Another survey respondent was more pointed: “Managers implement what leaders want them to do. Most law firm managers want to be loved and not to lead.” Saying that managers want most to be loved may overstate the case. But it does sum up the problem. If a law firm needs vision, inspiration, motivation, cohesion, consensus, direction-setting and the establishing of firmwide goals, it needs strong leadership committed to that work.
Leading Lawyers
The hard realities of law firm leadership are apparent. Among them:
The authority of lawyer management (or leadership) is derived from the willingness of the firm’s partners to be managed (or led).
Partners perceive themselves as being owners of the firm, having certain prerogatives and independence, not as employees to be managed.
Each firm has its own personality and culture, and the management techniques effective in one firm may or may not be successful in another.
In the face of these hard realities, many managing partners retreat into the noncontroversial confines of day-to-day management, putting aside attempts to exercise true leadership. What is needed instead is a well-thought-out plan to lead your firm forward into the 21st century.
SEVEN STEPS TO SUCCESSFUL LEADERSHIP
1. Create Job Descriptions for Yourself, Your Successor and Other Firm Leaders.
Remember, you’re drafting a job description for a CEO, not a manager. Think of your job description as a contract with your partners. At a minimum, it should delineate the amount of time you will devote to management responsibilities. A CEO’s primary responsibilities should include strategic planning, setting the future direction of the firm, cultivating relationships with major clients, and identifying and grooming future firm leaders. To compensate for time lost from your personal practice, the job description should define your pay structure.
2. Redefine the Role of Practice Group Chair.
Practice group chairs are too often treated as lions among their prides. Often they are appointed because they are the senior member of the group or the most effective rainmaker. This does not mean they are the most effective manager, the best mentor or the most committed to the success of the firm. Practice group chairs should be elevated to the level of senior management. They should be given the full authority to manage their groups. Practice group leaders need to be chosen based on the ability and the commitment to lead.
3. Get to Know the Firm’s Client Base Personally.
No partner should “own” a key institutional client. Managing partners should reach out to client contacts and underscore the message that the firm—not only the client’s chosen counsel—is pleased to be of service. Ask the client for feedback, learn the client’s business and the industry, and strategize to help the client reach its goals. Do more for the firm’s clients than simply putting out fires.
4. Identify and Hire a Strong Chief Operating Officer.
If you are going to be an effective leader or CEO, you have to get the minutiae off your desk. Delegate day-to-day administrative responsibility to a strong, competent executive director or COO. This person should head up a team of business professionals and serve as your trusted “second hand” on the leadership team.
5. Offer Reforms to “Time and Money” Matters.
You will be asking senior management to take on a more extensive and defined role in the operations of the firm. Adjust the time demands on the executive committee and the practice group leaders to allow for sufficient nonbillable time for them to fulfill their management responsibilities. Likewise, adjust the compensation criteria for senior managers to acknowledge the time they must devote to management matters and for the firm-benefitting results that they achieve.
6. Start (or Reenergize) the Strategic Planning Process.
A strategic plan is a living document that requires modification and fine-tuning from the first day it is implemented. If you have been selected as the firm’s managing partner, presumably you have a vision of what you want the firm to become, what you want it to achieve. Sell this vision and muster a supporting coalition among the equity partners. You don’t need to win them all over, but you will need an effective critical mass and working majority. With this group at your back, start small and keep the initial goals simple. Suggest three or four one-year priority items with sufficient low-hanging fruit to show short-term wins. Consolidate your gains and move forward.
7. Maintain Your Firm’s Investment in Its Future.
The challenges of launching new initiatives, creating consensus and moving your firm forward can sometimes cause a firm leader to forget about the little things that, in the end, may prove to be just as important as greater goals. Don’t forget to implement a first-rate training and associate development program. Here lies the future of your firm. Don’t forget about marketing and business development initiatives. These provide the growth that will finance your firm’s future. Don’t forget about technology upgrades. These are the essential tools that keep your firm on the cutting edge and ahead of the pack. And don’t ignore your successor. Heirs apparent need the opportunity to learn the principles of law firm management.
The old Chinese proverb says that a journey of 1,000 miles begins with a single step. Becoming a leader of a law firm is similar. A CEO must, step by step, patiently bring along the uninterested, the doubters and the curmudgeons to join the advocates and the reformers. Bold vision and small steps are the stuff of leadership.
Everyone knows the generational stereotypes: Baby boomers are loyal and hardworking, people who believe in putting your nose to the grindstone and getting work done but who may have a difficult time working the latest mobile technology. Gen Xers are independent and skeptical, while millennials are tech-savvy, Instagram EVERYTHING, and are aggressively interested in collaboration and work-life balance.
In law firms across America, these groups are comingling and working together to manage client matters and relationships. The panel The Ties that Bind: Building Cross-Generational Leadership at the 23rd Annual Marketing Partner Forum discussed the business imperative of building a diverse, multi-generational client team to fortify legal services. NLR took the opportunity to speak with the moderator Amanda K. Brady, Global Practice Leader at Major, Lindsey & Africa, and Melissa R. Margulies, Client Service Counsel at Ballard Spahr, about generational issues facing law firms.
The first thing to keep in mind is what a general counsel wants from his or her outside counsel. GCs want a team that will work together and get the job done, and the law firm team should represent the business needs and goals of the client. General counsels want attorneys who make their jobs easier, and law firms are expected to meet the needs of the client. Amanda Brady says, “The client doesn’t need to meet everyone working on the matter, but my sense from the GC is that they really appreciate getting to know key attorneys working on their projects so they are more comfortable conducting follow-up communications.”
Every situation is different, and factors must be considered to appropriately handle each client. Open lines of communication that allow clients to communicate their needs to the firm are imperative. Melissa Margulies points out, “We ask the client for feedback about both partners and associates and how the team has helped the client. Additionally, we continually evaluate whether the relationship partner and team members are the right fit, based upon the changing business needs of the client.”
Margulies continues, “What I see and what I encourage are different tiers of client contact and multiple points of contact.” She points out that each generation brings its own strengths, and it’s important to set up a team that can do the work and further relationships. Margulies says, “It’s important that younger lawyers are given opportunities to interact with the younger business people at the client so that those two groups grow up together.”
Traditionally, the senior attorney has the relationship and brings the client to the firm. Junior attorneys do the work, while the partner manages the relationship, allowing the junior attorneys opportunities to interact and meet with the client along the way. Brady says, “The obvious challenge is for the junior attorney. They don’t bring as much experience to the table, so they have to tout the experience of the more senior attorneys and work as a team.” Collaboration is essential, and making sure junior attorneys are brought to the table is an important part of keeping the relationship viable as the years go by.
The question becomes how often and when do you introduce the junior attorneys to the client. Of course, the answer is, “It depends.” What’s important is keeping the client relationship current and making sure you are managing the client’s current needs—as well as any needs that come up in the future. Margulies says, “There is no rule of thumb for how long it takes to develop a relationship.” She points out that if there is a long-standing relationship between the client and the firm, it might not take long to introduce a junior lawyer. If it’s a brand new client, it could take a little longer. She says, “The longer the relationship, the firm develops an institutional memory of the client and it doesn’t take as long for lawyers to learn and understand the client’s business.”
There are a few strategies that work well in trying to get junior attorneys integrated with clients and to help understand the clients and add value to the relationship. One strategy is allowing junior attorneys opportunities to write, hold webinars, or give presentations on areas of interest to the client. Brady says, anecdotally, “Lawyers [in firms] are more specialists, more current than in-house counsel. They deal with the issues on a regular basis; in-house legal departments don’t necessarily have the education budget, so outside counsel can fill the gap. It’s a way to become dialogue partners as you sort through the information.”
Margulies suggests one way for junior attorneys to gain experience is to work off-site with a client. She says, “If we have chance for a secondment of a lawyer to a client, we will do that, as it presents an amazing opportunity for the young lawyer to go work at a client for a period of time, see what it’s like on the inside, and develop relationships that he/she might not have the opportunity otherwise to do.” Along with the benefits for the attorney and the connections that can be made, it shows a commitment by the firm to the client’s interests and the relationship.
Additionally, pro bono work is a fascinating way to get people together in an unusual context. With the good will inherent in helping others and the out-of-office environment where roles and expectations are shaken up a bit, conversation flows and relationships can advance. Margulies points out, “You can really forge relationships that way—sitting together in a different situation, doing something you might not normally do—but you’re also working together, solving problems, and building relationships.”
These are great strategies for involving junior attorneys, but at some point, the senior partner moves on and the torch must be passed. Brady says, “Continuity for the client is important for the firm’s well-being, and there is always someone wanting to build a relationship with in-house counsel.” Making sure there are no gaps in the relationship with the client is crucial; however, this transition can be difficult. There are a few important things to remember as the changes are considered. Margulies says, “It’s important to understand that, generally, lawyers are perfectionists; transitioning a long relationship, for whatever reason, is difficult. It’s very hard to relinquish control.”
That said, how does the change happen? Many of the strategies mentioned earlier can help ease the transition, Margulies says, pointing out that, “It is easier when lawyers are encouraged to involve younger lawyers early on so it becomes a natural progression. It’s a way to build trust and comfort, and letting go is easier when younger attorneys are involved earlier and the more senior attorneys are comfortable with their knowledge and abilities.”
Baby Boomers, Gen Xers, and Millennials are sharing the work at law firms and taking care of clients’ needs. There are difficulties and no real easy solutions, and the answer to just about every question is “It depends.” But as Brady points out, “Change is going to happen, and everyone is trying to figure out how to make it work.”
As the number of attorneys in the marketplace continues to grow, it is becoming more important to differentiate yourself. One of the best ways to do this is through specialization. Becoming a “specialist” can be a scary proposition as your messaging and marketing efforts change to accommodate this new direction. The obvious fear is giving up some potential business by speaking and marketing openly about your new focus. While most of these fears are not grounded in reality, most generalists are worried about the possible loss that may occur when making the transition. In working with hundreds of attorneys, we regularly discuss the ups and downs to becoming a specialist. If the timing is right and you are well prepared, it might be the best way for you to stay relevant, while also growing your practice and obtaining additional financial security. That being said, it’s one thing to be “known” as a specialist versus “identifying oneself” as a specialist. It’s always better to be considered an industry specialist and leader rather than having to advertise that information. In some states, calling yourself a “specialist” is not allowed. Be sure to stay in compliance within your states’ guidelines.
Take a moment and think about two of the most successful attorneys you know. Really, close your eyes for five seconds and get their names in your head. I would bet dollars to donuts that at least one of the names you thought of was someone who is a specialist. It should come as no surprise that an attorney who builds a reputation around being great at one thing is memorable to you. The reality is that when you build a reputation in one industry, market or vertical, your practice can grow more quickly than you ever thought possible. Of course, a number of elements need to be in place before taking this leap. Here are a few things to think about before making the switch to becoming a specialist:
#1.You need to be the best at what you do.
Whether you are a litigator or an estate-planning attorney, nothing is more important than being skilled at your craft. When thinking about specializing, be sure you have the baseline skills and experience to succeed in one particular area of the law. It might make sense to get at least 2-3 clients under your belt in a particular area to test it out and see if specializing in one area makes sense for you. Achieving notoriety as a specialist may take months or many years to achieve. The important thing is that you eat, sleep and breathe within the space that you’ve chosen.
A good example of this occurred when I was badly injured in a plane crash back in 1996. That’s right, I survived a plane crash. During my recovery from looking like a human pretzel, my father, a now retired attorney, put me on the phone with Bob Clifford of Clifford Law Offices. He chose Bob Clifford because he is well branded as the leader in aviation and personal injury litigation. We didn’t speak to any other law firms because who could possibly be better?
Being the best at what you do and building a strong reputation around that specialty can make obtaining new clients very easy. However, as you probably know, it takes real effort and conviction to build a specialized practice.
#2.Choose the right industry or vertical that’s a fit for you.
The easiest and most time effective way to develop a niche’ is to leverage the work you’ve already done in one particular area. It may make sense to target specific people, companies or issues that will allow you to draw out more work. For example, if you’ve worked with textile manufacturers and enjoy the work, be sure to target other textile companies in your area. You can do a search on google or LinkedIn to identify the people and companies to call on. Try to leverage your existing clients and strategic relationships to obtain introductions to these business owners if possible.
As an example, you could call up your client in the industry and say, “I know you’ve been happy with the work I’ve done for you over the past few years. I am looking to help others in the same area. Who are you friendly with in the textile industry that I should be speaking with as well?” The key here is to develop a great relationship with your client to ensure that he/she is open to making these types of strategic introductions. Think about it this way. If you had the best dermatologist and someone had a nasty rash, wouldn’t you feel great making the introduction?
Another easy way to find the right specialty for you is by asking yourself, “What am I truly passionate about?” If you care about something, it drives you to become more involved. For example, one of my clients is very passionate about animals and is now focusing on working with dog shelters and veterinarians. She joined the shelter’s board and is routinely interacting with prospective clients for her practice. She is wowing them with her ability to solve problems and is routinely asked legal questions from the board members. These inquiries turn into business meetings and eventually new business. She’s doing all of this without working harder than before as the new originations roll in. Finding a niche’ that you are passionate about can make your legal career much more meaningful and enjoyable. You will also have a greater chance of meeting prospective clients, as you will be interacting with them on a more regular basis.
#3.Find a space, where there is space.
Be aware of your market and niche’ and who else may already be there before committing to a specific specialty. While you may have vast experience in commercial real estate for example, there may already be too many lawyers in that area to easily separate yourself from the pack. Do your research and try to find a segment of real estate that isn’t as fully saturated. It might also make sense to branch off into other areas of law to ensure you have your eggs in a few different baskets.
When the recession hit in 2008, many real estate lawyers were hit pretty hard. One of my clients saw this as an opportunity to study estate planning as a backup plan to real estate law. This ended up being a great fit as he was able to leverage his real estate clients and personal contacts to help set up estate plans for everyone he could. Now that real estate is back, he has doubled his book by focusing on both specialties.
By studying the competition, understanding the marketplace and the amount of business generated in a particular area or niche’, you can better hedge your bets when selecting a specialty.
#4. Look to the future.
Earlier this year, I had the great pleasure of interviewing Jerry Maatman of Seyfarth Shaw to learn a little more about his successful practice. One of the key elements to his amazing achievements as an attorney came from his thirst for knowledge within his area of Labor and Employment. He voraciously read everything he could to better understand what was coming down the pipe to see how he could leverage it to build his practice. He describes in his interview, the 1992 legislation for the Americans with Disabilities Act and how he got ahead of the law to be seen as the premier expert on the subject. He effectively packaged a “Survival Guide” for companies to better deal with the changing laws and regularly spoke on the subject before anyone else. By being a forward thinker, he locked-in his success and was repeatedly hired as the expert on ADA law by some of the largest companies in America.
Developing a niche’ can be a game changer for you as a practicing attorney. For those who are worried about missing other business opportunities because of specializing, who’s to say you can’t take on new business in other areas? However, by focusing your outbound marketing on one thing, you’ll have the opportunity to build your brand name much more quickly than staying a generalist. You need to have the experience, the passion, the space or the forward thinking that will allow you to become successful in specializing.
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The 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.”
Brandi Hobbs, the Director of Client Service & Strategy at 
Christian Berger, Senior Advisor of Strategic Business Development at 
