Competitive intelligence about people

The gathering and analysis of competitive intelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part four of a four-part article.  For the complete article, see link below.

Sometimes you need information about an individual rather than a company.  This person could be a client, a prospective client, a competitor, opposing counsel, a potential hire or a potential merger partner.  When you know something about the person you are meeting with, you can plan appropriately.

 

Sometimes, you need other kinds of information about people.  For example, you might need to track down a former employee or a potential witness.  “When such a person has gone ‘off the grid’ electronically, you might not have much to go on,” said Goater.  “This is where creativity comes into play.

 

“In one such case, a former executive had been gone from a company for five years,” said Goater.  “He had a common name, which made the search even more difficult.  Someone recalled him saying that he wanted to take over his family’s farm.  By using the farm subsidy database and narrowing the search by general geographic area and the man’s age, we were able to locate him for our client.”

 

Another reason to search for people is to acquire their contact information for use in a marketing database.  Good sources of contact information include telephone directories, professional directories and professional licensing agencies (if you know a person’s profession).  Online sources include a search on Yahoo! People.

 

Many of the commercial and general resources mentioned in the “companies” research section in this article work just as well for people.

 

“We often use a site called Jigsaw, owned by Salesforce” said Goater.  “It is a business-to-business contract database populated by marketers and salespeople around the country.  By contributing their contacts, users gain access to the database.  It includes 30 million contacts.  It is an especially good source for the contact information of individuals below the usual c-level executives that show up in most directories.”

 

If you know a person’s location, you can search local and regional media for mentions of their names and activities.  Social media – like Martindale Hubbell, LinkedIn, Facebook, Google+, Twitter and YouTube -- are also good resources.  So are blog searches.  Social media include contact information, but they also broaden your research with less formal “chat” about people, their activities and the companies they work for.

 

“In gathering information about people,” said Goater, “you want to use a wide variety of sources – and you want to be very careful to validate any information you find before you act on it.  There is a lot of faulty information out there.  There are also privacy concerns.”

 

Today, information about companies and individuals is widely available. In fact, you could easily drown in all the data.  The trick is to focus your search in light of your business goals.  With this information in hand, you are well-positioned to make good decisions about the future of your law firm – and its work.

 

Competitive intelligence an essential component of better law firm decision-making

 

Competitive intelligence profiles

Th gathering and analysis of competitive intelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part three of a four-part article.  For the complete article, see link below.

When preparing to meet with a potential client, lawyers often ask marketers or librarians to prepare a profile of the client.  “All too often,” said McDavid, “this is done just a few hours before the scheduled meeting – and we need to scramble.

 

“Even with very little lead time, you would be surprised at how much information you can turn up by simply visiting and mining the potential client’s website,” said McDavid.  “You should also search company or firm pages on social media sites.”

 

When you have a little more lead time to prepare – like for a proposal or the resulting beauty contest – then you can delve more deeply into client background.  Good sources for public companies include SEC filings.  Good sources for private companies include Dun and Bradstreet reports.

 

A good profile addresses some or all (depending on your time and research skills) of these categories:

 

n      Quick facts

n      Company overview

n      Business segments

n      Products/services

n      Business partners

n      Board of Directors

n      Key executives

n      Key developments

n      Representative clients

n      Legal issues and litigation

n      Locations

n      Case studies

n      Patent information

n      Marketing strategy

n      Competitors

n      Sources

n      News articles

 

Armed with this type of information, your lawyers and law firm are well-prepared to make good decisions about how to approach a potential client (or anyone else), and how to make a good impression once the contact takes place.

Competitive intelligence an essential component of better law firm decision-making

Competitive intelligence on companies, competitors and adversaries

The gathering and analysis of competitive itelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part two of a four-part article.  For the complete article, see link below.

 

 

Some sources of competitive intelligence about companies, competitors and adversaries are paid and some are free to the public.  Because of the nature of their work, many law firms and law librarians already have access to many of the paid recourses.  These include products offered by industry giants LexisNexis and Thomson West.

 

 

“For industry research, I also like to use a product called Profound, offered by MarketReserch.com,” said McDavid.  “They offer a wide range of reports for purchase.  An entire report can be costly but, if you know exactly what you are looking for, you can order just part of a report for a lesser fee.

 

“And don’t forget,” said McDavid.  “Many of these paid resources are available for you to use free of charge at the Denver Public Library.”

 

Free resources for company research include www.llrx.com and Zimmerman’s Research Guide (http://law.lexisnexis.com/infopro/zimmermans).  In its database, Zimmerman’s offers links to both company information and company personnel.  “Both of these sites are great places to start if you are trying to get an overview of the kind of research that is out there,” said McDavid.

 

The Virtual Chase product by Justia.com offers business research as well as county and municipal law resources.  Information on companies can be found at Hoovers, Yahoo! Finance, Google Finance, Nexis company information and Valuation Resources.com.

 

“A lot of good research is available from Google,” said McDavid.  “We all know how to do a Google search, but much more refined searches and results are available via the Google Advanced General Search Page.  Google Scholar and Google Advanced Scholar Search offer useful results that have been ‘purged’ of casual hits.”

 

Court and government sites – especially the Secretary of State’s office -- include public records and a wealth of useful information.  “If you want to know where a company is headed,” said McDavid, “check the U.S. Patent and Trademark Office Database.”

 

Competitive intelligence an essential component of better law firm decision-making

 

Competitive intelligence an essential component of better law firm decision-making

Important law firm decisions should never be made in a vacuum.  Instead, they should be made with an abundance of the right information in hand.  For many law firm decisions, “the right information” means competitive intelligence.

 

Competitive intelligence is defined as a systematic and ethical program for gathering, analyzing and managing information about the external business environment – information that can affect all of a law firm’s plans, decisions and operations.

 

Competitive intelligence can be information about organizations – like your clients, potential clients and adversaries.  It can be information about other law firms – like collaborators, opposing counsel or even potential merger partners.  It can be information about the legal needs in particular industries or markets.

 

Competitive intelligence can also be information about people – like the people you will meet in a pitch, in the boardroom, in the courtroom (like opposing counsel or an expert witness) or in a hiring interview.

 

In any of these settings, knowledge of companies and people is power.

 

“When gathering competitive intelligence, there is a wrong way and a right way to go about it,” said Wanda McDavid.  “The wrong way is typified by computer hackers like Lisbeth Salander in The Girl with the Dragon Tattoo.  As much as we enjoy the book and the movie, and want Lisbeth to succeed, we cannot condone her tactics.  This kind of corporate espionage makes for good entertainment, but bad – and unethical – business.

 

“The ethical gathering of competitive intelligence complies with all applicable laws – domestic as well as international,” said McDavid.  “It is obtained from legitimate online and print sources, in both public and subscription databases.  When obtained by interviews (either with targeted competitor staff and customers or as general field research), the ethical interviewer discloses up front both her identity and the purpose of the interview.”

 

McDavid and her colleague Judy Goater discussed the ethical gathering and use of competitive intelligence by law firms at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.com/rockymountain).  The program was held Jan. 10 at Maggiano’s Little Italy in downtown Denver.

 

McDavid is president and Goater is director of services development at Access Information (www.access-information.com), a Denver-based firm that specializes in the discovery and compilation of competitive intelligence for use by law firms.  Both have master’s degrees in librarianship and vast experience in the legal industry.  The PowerPoint slides from this presentation have been made available on the company website, in the “training” section. 

“Before starting any competitive research project,” said McDavid, “it is essential that you have a plan.  Thanks to the Internet, there are an almost unlimited number of resources out there.  You can waste a lot of time and money searching them all.  If we know your goals for a particular research project, we can help you concentrate your resources on the most likely, valid and reliable sources for your purpose.”

This is party one of a four-part article.  For the complete article, see

Competitive intelligence an essential component of better law firm decision-making

 

 

Strategic content marketing and web analytics for law firms

This is part four of a four-part article.  For complete article, see link below.

“Web analytics programs are capable of generating a vast amount of information,” said Casey.  “There are far too many metrics for users to process and interpret.  Measurement tools are only useful when there is something specific to measure.

 

“The challenge is not to get more data, which can needlessly complicate your decision-making,” said Casey, “but to get better data.  Be strategic.  What is the purpose of this online content campaign (within the context of our business goals), and which select measurements will indicate progress towards achieving this goal?”

 

Let’s go back to that article on patent reform.  You post it on your website.  You reference it in your blog.  You e-mail it to clients, potential clients, referral sources and media sources.  You post it (with links back to your site) on a variety of social media sites and content syndication sites.

 

On your website, analytics will let you know who visited the page and how they got there.  In addition, you will discover if they stayed a while, read the article and downloaded a copy.

 

“If no one comes or if visitors take a quick look and ‘bounce,’ you know that there is something wrong with the content,” said Casey.  “The subject is not newsworthy.  The headline or keywords need work.  The article is too long or too short.  It is too dense and needs shorter lines and subheads, to encourage skimming.  It is too casual or too filled with legal jargon.  In other words, it needs work.”

 

An e-mail analytics program will let you know who opens the e-mail and clicks on the link.  Other analytics programs will indicate how your article fares in the blogosphere or is shared or re-tweeted on social media and content syndication sites. 

The information generated by web analytics is a valuable tool to help lawyers and law firms plan -- and continuously improve -- their content and their online content distribution campaigns.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

Web analytics for law firms

This is part three of a four-part article.  For complete article, see link below.

“Not only does the Internet facilitate the wide distribution of content,” said Casey, “it also allows lawyers and law firms to closely track distribution – to know how many visitors click on the content; how much time they spend reading, listening or viewing the content; and where (your website, search or some other site) they found the content.”

 

Web analytics is a process for collecting visitor or consumer data, analyzing those data and generating reports on the overall performance of these different channels.  It extends well beyond your website into virtually every online channel your law firm might be using.

 

“In the early days, web analytics programs focused on the simple measurement of activity on a law firm’s web site,” said Casey.  “Today, a good law firm website still contains useful information about the firm and its services, but the site functions more like an interactive hub to which all of the firm’s online content distribution efforts are tied.”

 

In addition, most social media sites have their own built-in analytics programs that can be accessed for more details about activity on your accounts on those sites.

 

The popular Google Analytics program is free and yields information about site visitors, including number of visitors (unique, new and repeat), page views, repeat rate, visit length, page view length, page view per visit, bounce rate (those who leave quickly from a given page), entry pages (where visitors enter you site), exit pages (where visitors leave your site) and referral sources (direct traffic, search engines and other referral sites).

 

Among other things, Google Analytics can chart data over time, compare data month-by-month or year-by-year, and internally compare different sets of results.

 

“Other commercial web analytics programs allow the site administrator to ‘dig deeper’ into the data,” said Casey.  “Most analytics programs will record detailed information at the user level, allowing administrators to track the number of times a given user came to the site, which pages he or she viewed and, in some cases, the location from which that user is connecting.”

 

“At Tenrec, we combine basic Google Analytics with a program called Urchin (essentially, Google’s commercial analytics product) to obtain different levels of results for our clients,” said Casey.  “There are many programs out there.  The one you select should be determined by how you plan to use the results.”

 

It is important to remember that no performance metric is inherently bad or good.  A limited number of the right kind of people visiting your content and reaching out to your firm is a better result than hundreds of visitors who take no action.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

Online content marketing for law firms

This is part two of a four-part article.  For a link to the complete article, see below.

Online content marketing involves publishing content (like the article on patent law) on your law firm’s website (including mobile website version), client extranet sites or blogs.  It involves the e-mailing of your article (or newsletter) to clients, potential clients, referral sources and media sources.

 

“An integrated online marketing program is an essential part of a law firm’s marketing program,” said Casey.  “Content marketing involves distribution of your content using popular social media sites (like LinkedIn, Facebook, Twitter and YouTube) as well as successful content syndication sites (like JD Supra, LegalOnRamp and Scribd).”

 

Each time your keyword-rich patent law article is published on one of these sites, it is indexed by Google and other search engines – enhancing results for searches on terms like your name, your law firm’s name, your geographic area and the relevant subject area.

 

“The term ‘content’ applies to almost any kind of material your firm is publishing,” said Casey.  “It applies to documents like press releases, experience descriptions, attorney biographies (profiles), client alerts, blog post, white papers, email campaigns and e-books on legal subjects.

 

“Content also includes non-written files, like an online ad campaign, courtroom graphics, a PowerPoint deck, or photos of an open house or employee charity event,” said Casey.  “It includes online surveys along with survey results.  And it definitely includes audio or video recordings of a presentation, a seminar or a webinar.”

 

All types of reputation-demonstrating content can be posted not only on your own website, but also to a wide range of (mostly free) social media and content syndication sites.  Once posted, this informative content is available 24/7 and around the world.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

Good content has always been one of the best ways for a lawyer to establish and maintain a professional reputation.  In the hands of potential clients, good content demonstrates your understanding of the law and your ability to do what you claim to do.

 

Let’s say you write an excellent article on the recently signed patent reform act.

 

Prior to the Internet, your options for distribution of that article would be limited.  You could submit it to print publishers who could decide whether or not to publish it and how to edit it.  By the time it appeared on a client’s desk, it might be three months out of date.

 

In addition, you could snail mail a copy of your article with a cover letter directly to your list of clients, potential clients and referral sources.  You could include it in the firm’s print newsletter. You could mail it to reporters covering the patent law beat and hope that they give you a call next time they are writing a story on that topic.

 

And that was about it.  You really had no way of knowing what happened to that hard copy – if the publication was read or if the envelope or newsletter was even opened.

 

Today, thanks to the Internet, the options for distributing a well-written and informative article (and all kinds of content) to a wide range of interested parties are vastly expanded.  So, too, are the options for finding out if the article was opened, was read and prompted further action on the part of the reader.

 

“In the Internet age, online content marketing is the best way for lawyers and law firms to establish their reputations and attract new business,” said Per Casey.  “And web traffic analysis is the best way for lawyers and law firms to measure the success of a content marketing campaign and move forward based on that information.  Content marketing and web analytics are inseparable parts of the same strategic process.”

 

Casey discussed strategic content marketing and web analytics at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association, held Oct. 11 at Fogo de Chao Restaurant in Lower Downtown Denver.

 

Casey is founder of Tenrec, a web technology consulting firm that focuses on the legal industry.  Over the years, he has collaborated with dozens of well-known law firms on successful web technology projects.  Casey also serves as member-at-large on the LMA International Board of Directors and as co-chair of the LMA Technology Committee.

 

This is part one of a four-part article.  For the entire article, see:

 

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign.

Law firms: How to encourage employee engagement

Good internal communication is one of the best ways to move employees out of the middle and into the “high engagement” zone.

 

“Internal communication is evolving,” said Wegscheid, “with the balance shifting from a model weighted by formality and control towards a model that facilitates employee engagement. Few organizations fall squarely into one of these four models.”

 

The inner circle model has the highest level of formality/control and the lowest level of employee engagement.  Executives confer behind closed doors with no employee input.  Information travels through formal channels from the top down to managers, who tell employees what to do – but not why.  “Most, but not all, organizations have moved beyond this model,” said Wegscheid.

 

The cascade model is still quite controlled, but has a little more employment engagement.  Decisions are made at the top and information flows from the top down, but managers are expected to share some information with their teams.

 

In the dialogue model, decisions and information still flow from the top – but are often accompanied by an invitation to ask questions.  Feedback is limited to topics raised by leadership.  The process is formal, but two-way, with the goal of making sure employees understand the information that was communicated.

 

“Most organizations, including law firms, currently operate at the cascade level and perhaps at the dialogue level,” said Wegscheid.

 

The community model combines the highest levels of employee engagement with informality and freedom of expression.  “This model shares a mindset with social media,” said Wegscheid.  “Knowledge is not controlled at the top, but contributed by and commented on by all participants in a network.  Everyone has something to contribute.”

 

In the community model, leadership is still needed but messages can be initiated by anyone, encouraging the free flow of information throughout an organization.  In this model, individuals feel comfortable sharing expertise and learning from each other, which results in spontaneous collaboration by employees at all levels to solve a problem, rather than formal teams composed only of executives.  Employees as well as owners feel invested in the results.

 

“Because of sensitive information, proprietary relationships and a billable hour model that does not reward efficiency, the community model can be challenging for law firms,” said Wegscheid.  “However, there are elements of this model that can be incorporated.

 

Engaged employees are those who understand and believe in a law firm’s message.  This message can be created at the top and then delivered formally to employees (a low-engagement model).  Conversely, it can be created collaboratively (with facilitation by firm leaders) and made part of an ongoing conversation among employees (a high-engagement model).  Or it can be somewhere in between.

 

“The important thing,” said Wegscheid, “is to understand the value of employee engagement and actively consider which steps your firm can take to improve it – and consequently improve the firm’s bottom line.”

 

This is part three of a three-part article.  For the entire article, see Truly engaged employees lead to highly successful law firms.

Law firms: The value of engaged employees

Modern research organizations use rigorous science to assess levels of employee engagement and link engagement to performance.

 

In 2009, Hewitt discovered that businesses with highly engaged employees have total shareholder return 19 percent higher than firms with average engagement.

 

According to a study of a large professional services firm by the Hay Group, the firm’s five most-engaged regional offices generated 43 percent more revenue per consultant (think lawyer) than the firm’s five least-engaged offices.

 

“According to Colorado Bar Association statistics,” said Wegscheid, “the average attorney has $446,500 in billable per year.  A 43 percent increase adds an additional $191,995 to this amount, for a total of $638,495 per lawyer.  That translates into $1.9 million extra for a firm of 10 attorneys, $3.8 million for 20 attorneys and $5.8 million for 30 attorneys.  This is a lot of money.”

 

Research clearly demonstrates that the more engaged your employees, the better your revenue, productivity, earnings, shareholder returns, employee retention and customer loyalty.

 

According to Gallup, about 16 percent of employees at any business are actively disengaged.  “Some call these people ‘CAVE dwellers,’ for ‘consistently against virtually everything,’” said Wegscheid.  “They will actively try to destroy your organization.

“An additional 29 percent truly believe in your business and are actively engaged in making it succeed,” said Wegscheid.  “That leaves the majority of your employees -- approximately 55 percent -- who are neither disengaged nor engaged.  Smart businesses focus on transforming these ‘neutrals’ into highly engaged employees.”

 

This is part two of a three-part article.  For entire article, see Truly engaged employees lead to highly successful law firms.

Truly engaged employees lead to highly successful law firms

A truly engaged employee is one who believes so strongly in an organization that he or she invests discretionary effort in its success.  In other words, a truly engaged employee is someone who regularly goes above and beyond his or her job description.

 

What does this mean in a law firm?  While equity partners (and those on the track to become equity partners) are best thought of as owners rather than employees, everyone else should be considered an employee.

 

The engaged non-equity track associate involved in document review will notice and point out an interesting new detail.  The non-engaged counterpart could ignore this detail, because it might make the job more difficult.

 

The engaged paralegal or legal assistant will cheerfully work evenings and weekends as a courtroom date draws near.  The non-engaged employee will complain and sulk.

 

The engaged mail room person will deliver a registered letter to a lawyer as soon as it arrives, allowing for timely consideration and response.  The non-engaged employee will wait until the next scheduled delivery cycle.

 

And finally, the engaged marketing director/manager/support person will devote extra time and effort to creating a truly customized client proposal, rather than simply answering RFP questions with the usual non-specific content.

 

In addition, employee engagement is not limited to the workplace.  An engaged employee will rave about his or her law firm outside the office as well -- whether to neighbors on the sidewalk, fellow parents at a soccer game, or someone they meet at book club or a cocktail party.

 

When you consider these examples, it is easy to see how truly engaged employees can propel law firms from run-of-the-mill to highly successful.  “Defining and communicating the unique story or message at the heart of your law firm is essential to employee engagement,” said Laura Wegscheid.

 

Wegscheid discussed why law firms should enhance employee engagement in order to improve morale, operations and the bottom line.  This presentation to the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain) took place Sept. 13 at Fogo de Chao Restaurant in Lower Downtown Denver.

Wegscheid is a senior consultant with Cast Communication Design (www.castcommunicationdesign.com), an internal communications consulting firm focused on helping businesses engage and align their employees.

 

This is part one of a three-part article.  For the entire article, see Truly engaged employees lead to highly successful law firms.

Don't be afraid of ghosts! A good writing consultant can give lawyers' content an extra edge

Lawyers and law firms often consult with outside writing consultants – or ghostwriters -- for important projects.  The lawyer provides legal expertise and the professional writer contributes speed, news context and clear, persuasive style.

 

A ghost helps lawyers meet deadlines.  Most lawyers are decent writers.  Given enough time, they can compile the law and the facts and pull together an acceptable article.

 

But lawyers are not always given enough time.

 

The article, chapter or white paper opportunity that seemed like a great way to enhance your reputation three months ago starts to spark panic attacks as the deadline looms.  You know what you want to say, and have a file-folder full of notes and research, but “real” work obligations are pressing and you simply lack the time to pull it all together.

 

When deadlines loom, a ghost can be a rescuing angel.  A good professional writing consultant can interview the lawyer, review the notes and research, and pull together a good draft in very little time.  The draft goes back and forth until the lawyer is completely satisfied that the final product accurately and ethically represents his or her knowledge, opinions and professional voice.

 

A ghost helps lawyers select topics and venues.  A professional writer keeps up with legal news and can help you choose (or fine-tune) a topic so that it will catch the attention of print and electronic publishers – along with clients and potential clients.  Most ghosts are trained and experienced journalists.

 

A good ghost reads the major national newspapers each day and uses an online aggregator to follow important legal blogs and online legal news sites.  The ghost uses this information to provide clients with story ideas regarding both breaking news and emerging trends, or to provide an attractive “news peg” for an article in progress.

 

A ghost helps lawyers translate into clear, persuasive language.  Lawyers are schooled in Bluebook style, which sets the rules for legal communications.  Professional writers are schooled in the AP Style Manual, which set the rules for virtually all business and consumer publications – and many legal publications as well.

 

Often, the greatest value a ghostwriter provides is “translating” a draft from legalese into a clear, persuasive article that will resonate with mainstream publishers and their audiences.  Publishers are much more likely to accept an article that complies with their style guidelines (especially length guidelines) right from the start and saves them the task of heavy editing.

 

Publishers want articles that relate to a breaking news story or a relevant trend.  They want articles that focus on providing useful information to their readers rather than “puffing” about the author.  They want articles with short, active sentences and paragraphs, broken into sections with interesting headlines and sub-heads.

 

Finally, publishers want articles with plenty of interesting and timely examples that illustrate abstract concepts in a clear and compelling manner.

 A good ghostwriter does not create a lawyer’s article from scratch.  A good ghostwriter works closely with a busy lawyer to quickly “translate” legal expertise into clear and persuasive language that resonates with publishers and their readers.

 

(A version of this article first appeared in Attorney at Work.)

Does cross-selling make you cross? Lack of compensation

This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is the conclusion of a six-part article.  A link to the entire article appears below.

For cross-selling to have the best chance of success, law firm compensation systems should be revamped to reward collaboration as a component of origination fees.  But even an improved compensation plan is no guarantee of success.

 

“Additionally, research shows that money is not the strongest motivator when it comes to attorney behavior,” said Nugent.  “Sometimes, the intrinsic rewards of public recognition and acknowledgement can be much stronger -- even among attorneys earning many hundreds of thousands of dollars a year.  Recognition or awards do not have to be serious, either.  Sometimes, even something whimsical can be an effective incentive.”

 

To illustrate that point, Holmes related a personal experience.  “When I was working in Washington, D.C.,” said Holmes, “I worked with a lawyer who became a highly successful cross-seller.  He came to me one day and said, ‘I am so good at this that I deserve an (expletive-deleted) award.’

 

“As a joke, I made him an (expletive-not-deleted) award to hang on his office wall,” said Holmes.  “When his colleagues saw it, they started coming to me to ask how they could get their own (expletive-not-deleted) awards for cross-selling.  I built on this interest to work with them, and ended up granting 25 awards!”

 

“Cross-selling is a proven way to lower costs, shorten sales cycles, increase client retention and business, and strengthen law firm culture and morale,” said Nugent.  “Do not let your lawyers use compensation concerns – or any of the above challenges – as an excuse to hold your firm back in today’s highly competitive environment.”

Does cross-selling make you cross?  Learn how to overcome lawyer reluctance and win new work

Does cross-selling make you cross? Distrust of colleagues

This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part five of a six-part article.  A link to the entire article appears below.

By nature, lawyers are a very cynical bunch – a fact that is supported by a wide range of widely publicized personality tests.  “Law school and legal practice hone this natural cynicism to a fine point,” said Nugent.

 

“The cynicism that is useful in an adversarial environment can be highly detrimental when it comes to knowing, liking and trusting your colleagues enough to make a referral.  Shockingly, I’ve heard of many lawyers who would rather refer to an attorney outside their own firm than to a colleague within their firm.”

 

In a previous section, Holmes discussed how to address this issue through building internal awareness.  Nugent discussed building internal relationships as an essential way of breaking down ignorance and distrust.  “The ‘know, like and trust’ paradigm is the foundation of every referral – whether external or internal,” said Nugent.

 

“Regular one-on-one social and professional interaction with colleagues in different practice areas should be an important and recognized component in each lawyer’s individual business development plan,” said Nugent.  “Lawyers should be encouraged to periodically locate themselves in another practice area or even work from other offices.

 

“Ideally, marketers are conducting ongoing research regarding lawyer capabilities, lawyer connections and client needs.  They can use their research in these areas to act as professional matchmakers within the firm,” said Nugent.  “Who might make a good couple?”

Does cross-selling make you cross:  Learn how to overcome lawyer reluctance and win new work

Does cross-selling make you cross? Fear and loathing

This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part four of a six-part article.  A link to the entire article appears below.

The general concept of sales is scary even to trained members of professional sales teams; it is even scarier to untrained lawyers.

 

“Plus, lawyers have more specific fears,” said Cusick Eddy.  “There is the fear of failure if you make a pitch and lose.  There is the fear that you will no longer ‘own’ the client relationship and your business will cease to be as portable.  There is the fear that you will lose credibility with the client if the new lawyer does not live up to expectations.”

 

In addition to fear, many lawyers dislike the idea of selling.  Now legal marketers and consultants are asking them to not only sell themselves, but also sell their peers.

 

“It helps to re-brand cross-selling by calling it something else – cross-marketing, cross-introduction, cross-pollination or cross-referral,” said Cusick Eddy.  “Emphasize introductions and improved/expanded service rather than sales.”

 

Address fear and loathing with persuasive facts.  “Start with willing participants who are not afraid,” said Cusick Eddy.  “Start small and keep it simple.  Circulate the news about positive outcomes throughout the firm to chip away at negative attitudes and bring the rest of your lawyers along slowly.”

 

One of the best ways to overcome fear and loathing is to demonstrate to your lawyers that most of their clients are pleased by a proactive approach and interested in a wider range of services.

 

“Conduct routine formal client interviews and informal checkups to assess client needs,” said Cusick Eddy.  “You will find that clients want to know about other areas in which you can make their lives easier or deliver better value.  Then, go back to the relationship attorney with this evidence in support of your cross-selling efforts.”

 

Planning and execution are the true keys to overcoming fear and dislike of sales among lawyers.  “You need the right people, on the right bus, at the right time and going in the right direction,” said Cusick Eddy.

 

“The ‘right people’ are lawyers who are interested in cross-selling and ready to put aside the six common objections,” said Cusick Eddy.  “The ‘right bus’ is a willingness to do what it takes to manage and exchange relationships.  The ‘right time’ is when a client need has been identified.  The ‘right direction’ is targeting existing clients who have a strong relationship with the lead attorney and a high level of satisfaction with the work.”

Does cross-selling make you cross? Learn how to overcome lawyer reluctance and win new work

Does cross-selling make you cross? Lack of awareness

This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part three of a six-part article.  A link to the entire article appears below.

Law firms tend to operate in a “silo” environment, with little communication among practice areas.  Surprisingly often, lawyers in one area are not aware of what their colleagues in other areas do -- and how they could add value to a client.

 

“The larger and more geographically diverse the law firm, the greater the lack of awareness among its lawyers,” said Holmes.

 

Marketing should facilitate on-going cross-selling sessions between practice groups or even small groups of interested attorneys.  “Everyone should do his or her homework before each session” said Holmes.  “The more you prepare, the better the results.”

 

Participants should be ready to succinctly describe the legal services they provide – and for whom.  “You must be able to describe your ‘product’ in order to sell it,” said Holmes.  “This is another area in which marketing can help you prepare.”

 

Each session should conclude with a list of follow-up action items.  “Take careful notes so that participants know who is responsible for what by the time the next meeting takes place,” said Holmes, “and then hold them to it.”

 

Lack of awareness also extends to “who knows whom” within the firm.  “Before any meeting, marketing should mine the firm’s CRM system and also social media sites like LinkedIn to uncover unexpected connections,” said Holmes.

 

Does cross-selling make you cross?

Learn how to overcome lawyer reluctance and win new work.

Does cross-selling make you cross? Lack of time

This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part two of a six-part article.  A link to the entire article appears below.

“When it comes to developing new business, most lawyers protest that they barely have time to market their own practices,” said Holmes.

 

“It can be very difficult to engage such a lawyer in a program aimed at developing business for a colleague or colleagues down the hall,” said Holmes.

 

Any effort to create a cross-selling initiative must be highly focused and must involve a lot of hands-on management by a firm’s marketing department.  It is the role of marketing to reduce the time constraint on lawyers as much as possible.

 

“Do your research to identify a core group of existing clients with potential additional needs, and to identify what those needs might be,” said Holmes.  “Provide dossiers on these clients.  Get input and buy-in from the attorneys who already work with the target clients.  Then assemble a small team of attorneys who could meet additional needs.”

 

Start with a small number of small groups composed of willing participants.  “One-to-one matchmaking between the relationship lawyer and a colleague who provides potentially complementary services often works just fine,” said Holmes.

 

“Launching a firm-wide cross-selling program comes with some negatives,” said Holmes.  “A large cross-selling initiative can raise expectations and spread marketing support too thin.  Not everyone will buy in.  Firm-wide programs allow skeptics to surface and undermine your efforts.  Instead, start small and publicize your successes.  Before long, lawyers will see the benefits and willingly join your program.”

Does cross-selling make you cross?  Learn how to overcome lawyer reluctance and win new work

 

Does cross-selling make you cross? Learn how to oversome lawyer reluctance and win new work

Experienced business developers know that it costs five times more to sell a new service to a new client than it costs to sell an additional service to an existing client.

 

After all, if you are doing your job right, your existing clients already know, like and trust you.  With these three elements already in place, the sales cycle is much shorter.

 

In spite of this fact, most lawyers and law firms concentrate their business development efforts and dollars on new client development.  This is a big mistake.

 

Cross-selling is the intentional and strategic effort to broaden the types of legal services a law firm provides to an existing client.

 

In addition to lower costs and shorter sales cycles, other benefits of cross-selling include protection of clients from “free agent” lawyers (because clients who work with more than one lawyer at a firm are less likely to leave when one of the lawyers leaves); increased competitiveness (as clients continue the trend of using fewer law firms for more of their work); a more collaborative firm culture (law firms deteriorate when lawyers and practice groups work in isolated silos); and improved morale.

 

Unfortunately, the mere mention of selling or cross-selling is enough to make most lawyers run for the nearest exit.

 

The benefits and challenges of cross-selling were discussed by a panel of experts at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held July 12 at Fogo de Chao in downtown Denver.

 

Panelists included Martha Cusick Eddy, managing director of Market Advisory Partners (www.marketadvisorypartners.com); Kathy Holmes, business consultant and executive coach with Holmes Communications (www.holmes-communications.com); and Phil Nugent, managing director at NCG Strategic Marketing (www.ncgmarketing.com).

 

The panelists surveyed LMA members to reveal six primary objections raised by lawyers to cross-selling – lack of time, lack of awareness, fear, loathing, distrust of colleagues and lack of compensation for their efforts.

 

(This is part one of a six-part article.  Access the complete article with this link.)

 

Does cross-selling make you cross?

Learn how to overcomelawyer reluctance and win new work

Who can benefit from attorney business development coaching?

(Part three of a three-part article; link to complete article below)

 

The panelists agreed that the best candidates for coaching are senior associates and junior partners who need to learn how to build and maintain their own books of business, and also new laterals who need help with the transition to a new firm culture.  Many firms also hire a coach when their long-time rainmakers near retirement or become ill, leaving the firm suddenly bereft of rainmaking talent and a pipeline of new business.

 

“Not all good lawyers are good candidates for business development coaching,” said Weiss.  “Half of the lawyers at any firm will be ‘below average’ in business development skills and potential, and realistically should be given some other support role to play.  A good writer, for example, could write a speech for a rainmaker to deliver.

 

“In addition, law firms have an unfortunate tendency to select their ‘problem children’ for coaching,” said Weiss.  “Even with the best of coaching, it is unlikely that these individuals will ever succeed.  Instead, law firms should select attorneys at the right stage of career development, who have innate ability and a true desire to do what it takes under the direction of a coach to develop new business.”

 

“Coaching candidates must be willing to make a time commitment of 10 to 15 hours per month,” said Beese.  “No one should be forced to participate.  In fact, it’s a good idea to make your lawyers apply for the ‘privilege’ of business development coaching.”

 

A good coach will work with each individual attorney to arrive at a customized goal that lies at the intersection of that lawyer’s personal and professional interests and abilities.

 

With this goal in mind, the coach will help the lawyer determine a plan (the specific tactics and activities that support those goals) and a timeline for each.  To be successful, tactics and activities must fall within a particular lawyer’s comfort zone.  Finally, the coach will meet regularly with the lawyer to monitor “homework,” offer suggestions and support, amend the plan and timeline as necessary, and set new goals going forward.

 

Jones has worked with three different business development coaches over the course of her career – including both Beese and Weiss.  “Each coach brought something different and valuable to the table,” said Jones.  “Also, you sometimes get into a routine.  Changing coaches can get you re-energized and keep you up-to-date with strategies that work for marketing. 

“When I started with a coach, I was told it would help me find more business – and it did,” said Jones.  “What no one told me up front was how much work it would be, and how that hard work would lead to positive changes in not only my practice, but also my life.”

Just like athletes, lawyers can benefit from (business development) coaching

What is attorney business development coaching?

(Part two of a three-part article; link to complete article below)

 

Business development coaching and business development training are often confused.  They are quite different.  Coaching involves a confidential one-to-one relationship between an attorney and a coach, and involves scheduled interactions over a course of time (often a year).  Training usually takes place in a group setting, with little follow-up.

 

“When more than one lawyer at a firm is being coached at the same time, there is some benefit in combining coaching with training,” said Beese.  “Monthly group sessions can address general concepts and expectations, offer cross-selling opportunities and provide a venue for sharing success stories and asking for advice.

 

“Individual coaching sessions – either in-person or by phone – can focus on the development of individual business development plans and the skills, strategies and motivation needed to implement those plans,” said Beese.

 

At the same time, coaches need to understand the realities of legal work.  “Even lawyers who develop the best of habits will drop these habits when they get busy,” said Beese.  “A coach knows when to step back, and then re-engage when the time is right.”

 

“Under normal circumstances, I like to handle most of my own business development efforts,” said Jones.  “For example, I usually answer all of my own ‘cold’ phone calls.  But when I get really busy, it is helpful if our marketing group can screen calls and take good notes.  When things calm down, I pick up right where I left off.”

 

All too often, lawyers are exposed to a lot of random information about business development – but do not know where to start.  “This is where a coach can add value,” said Weiss.  “Where does the lawyer want to end up?  What is the first step he or she should take to get there? What comes next, and next, and next?”

 

The coaching function can be provided by an internal expert (in the case of many large law firms) or an outside consultant.  There are pros and cons for each.

 

Inside coaches often are more aware of institutional culture and cross-marketing opportunities.  Since they are on-site, inside coaches are more available for casual “drive by” consultations and advice on projects that require a quick response.

 

On the other hand, inside coaches are more likely to get bogged down in conflicting responsibilities and putting out fires -- and therefore have less time for scheduled appointments.  The lawyers at a firm tend to perceive an internal coach as an employee who should take direction from them rather than giving it to them.  Lawyers often feel uncomfortable discussing personal issues with an employee.

“Attorneys will always take a paid consultant more seriously than a salaried staff member,” said Weiss.  “An outside coach has much more bandwidth and is bound by a confidentiality agreement,” said Beese.  “He is focused on just one thing.  He schedules time for appointments and also for appointment preparation."

Just like athletes, lawyers can benefit from (business development) coaching

Just like athletes, lawyers can benefit from (business development) coaching -- part one

(Part one of a three-part article; link to complete article below)

 

Professional athletes rely on their coaches – experienced individuals who help them hone their performance skills, create focused competition strategies and maintain a high level of motivation over the course of a career.

 

Similarly, a good coach can help any lawyer who is thrown into the competitive arena of business development.

 

Business development skills are rarely taught in law school.  If these do not come naturally to you, a coach can help.

 

Business development strategy is hard to formulate in the daily scramble to produce quality work for your clients.  If such focus does not come naturally to you, a coach can help.

 

The motivation to engage in business development activities runs hot and cold.  It may be sparked by a good article, speaker or training session, but can be difficult to maintain.  If you find it difficult to stay motivated, a coach can help.

 

A panel consisting of two attorney coaches and one coached attorney discussed business development coaching in a presentation at the monthly meeting of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held June 14 at Fogo de Chao restaurant in downtown Denver.

 

Panelists included Mark Beese, president of Leadership for Lawyers (www.leadershipforlawyers.com); Karen Samuels Jones, a real estate partner in the Denver office of Perkins Coie LLP (www.perkinscoie.com); and Bob Weiss, president of Alyn-Weiss & Associates (www.themarketinggurus.com).

 

Just like athletes, lawyers can benefit from (business development) coaching

LMA recent developments

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month.  This except covers recebt developments in LMA policy and operations.  It is part six of a six-part article.  For a link to the entire article, see below.

 

 

Roach also updated members and guests on recent developments in LMA policy and operations:

 

Membership:  The initiation fee for new members has been dropped, dues payment has been switched from joining-date to calendar-year date, and group rates will be available for organizations with multiple members.

 

Online learning:  The popular “QuickStart” program for new legal marketers, offered as a pre-conference program, will now be offered online as well to benefit younger members with limited travel budgets.  In addition, member participation in LMA educational programs can be tracked via a new online learning portal.

 

Chapter partnership:  To facilitate chapter operations, LMA will offer a centralized clearing-house for speakers.

 

Lawyer education:  The successful “Just JDs” program, a popular pre-conference attraction at the last two annual conferences, will be offered as an independent, day-long program for lawyers.  The Midwest Chapter will launch.

 

SIGS:  LMA has formed shared interest groups in the areas of competitive intelligence, service providers, social media and small firm/solo marketer.

For the entire article:  LMA conference and recent updates

LMA Program Synopsis: Honing your leadership skills

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covered the fourth of four conference tracks:  Honing your leadership skills.  This ia part five of a six-part article.  For a link to the entire article, see below.

“LMA created this track to focus on the personal leadership skills marketers need to succeed in the legal market,” said Roach.  “The first session discussed how legal marketers can use ongoing client and market research to drive strategy and deliver measurable results.  Research budgets are growing steadily.”

 

Also strengthening is the predatory character of the legal marketplace.  “Two out of every three law firm CMOs are taking steps to strategically target and actively hunt their competitor’s clients,” said Roach.  “Even high-profile law firms are cold-calling.  Smart firms are using client interviews to determine satisfaction and ‘bullet proof’ their clients.  The key question in this environment is whether your firm will be predator or prey.”

 

Other sessions discussed professional development paths for mid-level and top-tier marketing professionals, with a strong emphasis on the use of industry research to provide the kind of value that makes a practitioner indispensable.

 

In addition, a panel of managing and marketing partners pointed out the characteristics they most value in their marketing professionals.  A final session focused on the use of metrics and key performance indicators to demonstrate to firm leadership the return-on-investment of a law firm’s marketing efforts.

 

“To see how these trends continue to play out,” said Roach, “plan to join us next spring for the 2012 annual conference in Dallas.”

 

For the full article:  LMA conference, updates

LMA Conference Synopsis: Improving Visibility

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covered the third of four conference tracks:  Improving visibility.  This ia part four of a six-part article.  For a link to the entire article, see below.

“As professional marketers, we devote much of our time to improving the visibility of a lawyer, an industry or practice group, or a law firm within a targeted market,” said Roach

 

“The first session in this track focused on social media – and how to use these robust yet cost-effective tools to distribute content, raise visibility and build a network of new leads.  Also covered were social media policies and ethical concerns,” said Roach.

 

Winners of the 2011 LMA Your Honor awards participated in a panel to discuss the strategy and tactics of their cutting-edge campaigns.  Other sessions discussed the processes and value of various legal directories, rankings and “pay to play” opportunities; ways in which law firm professionals can assist the firm’s clients manage negative publicity and maximize positive publicity; and how small and mid-sized law firms can “do more with less” in their marketing budgets.

For the full article:  LMA Conference Synopsis: Improving Visibility

LMA Conference Synopsis: Maximizing client retention and value

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covers the second of four conference tracks:  Maximizing client retention and value.  This is part three of a six-part article.  For a link to the entire article, see below.

 

 

 

“During the economic downturn, corporate counsel were under unprecedented pressure to control the cost of legal services and provide budgetary certainty,” said Roach, “and they passed that pressure along to law firms.  These demands will persist into any recovery.”

 

The first session in the client-retention track discussed alternative fee arrangements.  “Although most clients still prefer the billable hour, they want firms to offer and to discuss potential AFAs,” said Roach.  “Because the movement towards AFAs is so new, finding a profitable model can be challenging – although some law firms have figured it out.  Profitability will improve with experience.”

 

Client feedback programs are a tested way to maximize value and client retention, and are currently being used by half of law firms surveyed by BTI Consulting.  Key elements of a successful program include planning and logistics, conducting the interviews, following-up on the results and managing the time commitment.

 

“Panelists at this session also suggested creation of a ‘co-development expectation brief’ at the start of each matter,” said Roach, “to determine the client’s wants and needs regarding communication, delivery, reports and check points throughout the project.”

 

Other sessions in this track covered the use of CRM and ERM systems to gather intelligence and put this knowledge to work; the use of “client lifetime value” as a marketing metric; and the role of the marketing department in the development and implementation of professional development programs for attorneys.

 

For the full article:  LMA Conference and updates

 

LMA Conference Synopsis: Driving growth and profitability

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covers the first of four conference tracks:  Driving growth and profitability.  This is part two of a six-part article.  For a link to the entire article, see below.

 

 

“One major theme of the conference was the continuing evolution of law firms from a purely marketing culture to a sales culture,” said Roach.  “This involves a reallocation of personnel and resources, an emphasis on niche marketing, the creation of industry and client-focused teams, the development of sophisticated and customized proposals, and the gathering and use of competitive market intelligence.”

 

As part of this process, successful firms are providing business development training and coaching to help select lawyers grow their books of business.  “After all, lawyers are not only the ‘product,’ but also the ones who have to close the actual ‘sale,’” said Roach.

 

Another session covered the strategy and tactics behind successful written and face-to-face client pitches, including pitch team composition and leadership, elements of the process (strategy, staffing, pricing, submissions and presentations), debriefing, and using what was learned to improve future effectiveness.

 

A session on law firm economics devoted considerable attention to the delivery of legal services less expensively in a highly competitive environment – especially through better pricing and better processes. “Increasingly, law firms across the country understand the need to operate like businesses,” said Roach.   Finally, technology was discussed as a robust way to deliver premium content to high-value targets throughout the sales cycle.

For the full article:  LMA Conference Synopsis and Update

Legal marketing in a competitive environment: LMA keeps practitioners out front with annual conference and new services (part one)

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This is part one of a six-part article.  A link to the full article follows.

 

 

The Legal Marketing Association serves the women and men involved in marketing, business development and communications within the legal profession.  LMA membership currently stands at 2,500 members working at law firms within the United States and 12 foreign countries.

 

The organization’s highly successful 25th annual conference was held last April at Disney Yacht & Beach Club Resort in Orlando, Fla.  More than 1,000 people attended.

 

The conference was keynoted by Jeff Williford of The Disney Institute, who set the tone with a spirited presentation on the Disney Approach to Business Excellence – including creativity, leadership excellence, people management, quality service and brand loyalty.

 

“Together, these elements forge a strong bond among inspired leaders, motivated employees and satisfied clients – driving solid financial results and loyal repeat business,” said Betsi Roach.

 

LMA Executive Director Roach presented a recap of the conference and an update of LMA developments at the monthly educational program of the Rocky Mountain Chapter.  The event was held May 10 at the Marriott City Center in downtown Denver.

 

In her presentation, Roach summarized notable points from sessions in each of the conference’s four tracks – driving growth and profitability, maximizing client retention and value, improving visibility and honing leadership skills.

 

For the full article:  LMA annual conference synopsis and update

 

Email marketing campaigns: More best practices

Part three of a three-part article:

n      Many EMS applications allow the “from” name in an email to be merged from the CRM or database, meaning that each recipient can receive the email from his or her specific contact within the law firm (which significantly improves “open” and “response” rates).

 

n      In order to maximize open/view rates, subject lines in an email campaign should be written to reflect the content of the email and also grab attention.

 

n      EMS applications allow users to segment data and send specific follow-up email campaigns.  Those who have clicked on links can receive one follow up, whereas those who have not interacted within a certain amount of time can receive a special offer in order to get them to re-engage.

 

n      Email recipients must always be able to opt-out or unsubscribe from a communication – or from all communications from your law firm.  EMS applications ensure that these emails can never inadvertently be added back.

 

n      An email marketing piece should never be more than two or three screens deep.  Links to “read more” can take the recipient to a website to read additional content – where more specific interests can be tracked.

 

n      Always comply with CAN-SPAM and EU data protection rules.

 

Carefully crafted email marketing campaigns can save lawyers and law firms a significant amount of time and money.  In addition, they generate a wide range of useful reports that can be used to refine the firm’s marketing efforts going forward.

For the full article:

Email marketing campaigns save time and money; generate useful reports

Email marketing campaigns: Best practices

Part two of a three-part article:

EMS platforms integrate with a law firm’s website and CRM system.  Directing email usage to the website -- linking to article content, event and webinar registration, and survey forms, for example -- allows email success rates to be tracked through the website’s tracking control panel.

 

Websites should also include a “preference manager” page – where visitors can choose which (if any) email communications they want to receive from a lawyer or law firm.

 

Registrations and preferences are in turn shared with the firm’s CRM system, where contact data resides and from which mailing lists are derived.  The CRM system can notify individual lawyers or marketers each time someone among their contacts registers for an event or webinar, or subscribes (or unsubscribes) to a newsletter or alert.

 

Additional email marketing campaign best practices include:

 

n      Pre-designed templates within the EMS guarantee that all communications will offer a consistent brand experience – and that important information always appears “above the fold” where it is most likely to be seen and read.

 

n      Images are attractive but often are blocked by webmail services.  Be sure to balance images with text – so that there is something compelling to read even when all of the images are blocked.  Add alt-tags to every image.

 

n      Use your marketing emails to drive traffic to your website, where actions can be tracked.  In a newsletter, for example, easily scan-able links “above the fold” can take the reader to a teaser – with a further link that takes the reader to the article content on your website.

 

n      EMS offers a range of formats that meet the needs and preferences of different users – HTML, MIME, a link to the web-hosted version, a link to a print/mobile version, and an attached PDF version (for printing out by those who prefer this option) -- of the email campaign.

 

n      To thwart phishing and spoofing schemes, establish a dedicated domain for marketing messages so that they are kept separate from regular email communications.  As an added benefit, if someone reports your email as spam, your firm’s entire email operation is not shut down.

 

n      The “to” line in each email should include the recipients first and last name.  Via a mail merge, the introduction should be personalized with a “Dear Mr. Green” or “Dear Anthony.”

For the full article:

Email marketing campaigns save time and money; generate useful reports

Email marketing campaigns save time and money; generate useful reports

Part one of a three-part article:

 

Not so long ago, lawyers and law firms relied on “snail mail” for delivery of the firm’s marketing communications – like invitations to events or printed newsletters or alerts. 

 

Today, many savvy lawyers and law firms have turned to email for their marketing campaigns.

 

Traditional mail has its place, but it also has many drawbacks.  Invitations take money to print, time to address and postage to mail.  Once invitations are mailed, the sender has no idea how many were actually opened.  If an invitation is opened, the recipient who wants to reply must take the extra step to do so via an RSVP card, a phone call or an email.

 

The same holds true for printed newsletters and alerts.  It is a big investment of time and money to get articles written, approved, laid out, printed and mailed.  All too often, news is sadly out of date by the time a print piece is received.   Once again, law firms never know which publications get read -- and which are simply tossed into the circular file.

 

“Email marketing systems provide a cost-effective solution to many of the snail mail drawbacks,” said Matthew Parfitt.  “An EMS features firm-approved templates, which can be quickly populated with newsworthy material – and sent out quickly.  There is no cost for paper, print or postage – or for staff or mailing house time to execute the mailing.

 

“Best of all,” said Parfitt, “an EMS tracks each mailing and generates useful reports that let you know how many and which recipients are actually opening your emailed marketing materials.”

 

An excellent “open rate” for marketing emails on timely subjects sent to a carefully maintained list is about 30 percent.  An EMS also lets you know which emails are undeliverable, to help you follow up and update your list, and which recipients opt-out of future email contact.

 

“In the case of invitations to events or webinars,” said Parfitt, “recipients can RSVP immediately via a link on the email.  Invitations are just one part of a comprehensive event-planning module.

 

“In the case of newsletters,” said Parfitt, “the EMS not only lets you know if the email has been opened, it also lets you know which subjects and articles in the newsletter are most popular – so you can include more of the same in future communications.”

 

Parfitt led a panel discussion on “best practices” in electronic marketing systems at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain).  The program was held March 8 at the downtown Denver offices of Patton Boggs (www.pattonboggs.com).

 

Parfitt is vice president for business development at Concep (www.concepglobal.com), an international digital strategy agency with offices in London, Sydney and New York.  Concep’s interactive email marketing system -- Concep Campaigner -- is used by more than 250 professional services firms, including 15 of the world’s 30 largest law firms.

 

Panelists included Kristin Alexander, special events coordinator at Sherman & Howard (www.shermanhoward.com); Greg Kalkwarf, sales and marketing leader for the Colorado office of BKD CPAs & Advisors (www.bkd.com); and Justin Knight, InterAction specialist at Holme Roberts & Owen (www.hro.com).

 

“Sixty-nine percent of businesses plan to increase their budgets for websites and social media in 2011,” said Parfitt.  “Fifty-nine percent plan to spend more on email marketing.  By comparison, only 15 percent intend to spend more on print.  These businesses understand the future of marketing.”  These statistics come from a recent MarketingSherpa B2B Marketing Benchmark Survey.

 

Alexander, Kalkwarf and Knight all vouched for the fact that email marketing had saved their firms a considerable amount of money.  “In addition,” said Knight, “the switch from snail mail to email fits in well with a law firm’s green initiatives.”

 

For the full article:

 

Email marketing campaigns save time and money, generate useful reports

 

Aristotle still rocks: Ethos, logos and pathos = Effective persuasion

For ten years, I taught persuasive writing in the College of Communications at Marquette University.  The primary text was Aristotle's Rhetoric.  As someone who uses the principles of ethos (shared values), logos (demonstration of expertise) and pathos (acknowledgement of feelings) every day to create persuasive content and copy for my clients in the legal industry, imagine my pleasure when I saw this great post by fellow copywriter Amy Harrison on Copyblogger!

Aristotle's Ancient Guide to Compelling Copy

Just JDs program at 2010 LMA Annual Conference

In an attempt to attract more lawyers, the Legal Marketing Association introduced a new full-day program at this year's conference -- Just JDs.  Here is a review of this program that I wrote for Law Week Colorado:

LMA made a strong effort to attract more lawyers to the 2010 conference.  The Just JDs session started out with about 25 attendees – all partners -- but had grown to 40 by the mid-day break as word spread about the quality of the speakers, many of whom were lawyers as well as consultants.

 

“In today’s competitive marketplace for legal services, it is not enough to be a ‘good lawyer and a nice guy (or gal)’ in the eyes of your clients,” said James Durham, chief marketing and business development officer at McGuire Woods.  “You need to be ‘the best lawyer your clients have ever worked with.’”

 

The way to do this, according to Durham, is to develop a goal-driven personal client-development plan.  “The biggest danger is getting bogged down in the planning process,” said Durham.  “Lawyers love the planning process.  It feels good to them.  Take a few hours to develop a common sense plan – then just get started.”

 

What makes a lawyer “the best lawyer I’ve ever worked with” in the eyes of general counsel?  “At a certain level, legal skill is a given,” said Durham.  “Clients perceive value in outside counsel who help them make money, save money, look good within their organizations and sleep better at night knowing their legal problems are being managed,” said Durham.

 

Deborah Knupp of Akina Corporation discussed “how lawyers can sell their legal services without making their skin crawl.”  She presented a useful list of top ten business development tactics as well as a set of worksheets.

 

Knupp suggested creating a list of 20 people who either need what you are selling or know someone who does.  “Then discover an authentic reason to connect with these individuals by introducing them to others, providing them with relevant information, or inviting them to join you for coffee or breakfast -- or at an event of mutual interest,” said Knupp.  She cautions against lunches, which are too time-consuming for both parties.

 

“Every lawyer should be prepared with two key messages at all times – a ‘quick pitch’ message and a ‘what’s new’ message,” said Knupp.  The ‘quick pitch’ answers the question, ‘what do you do?’ in language that states not only that you are a lawyer, but also the kinds of problems you solve for clients.

 

“The ‘what’s new’ message answers that question with a reply other than ‘not much,’ or ‘I’m swamped,’” said Knupp.  “Use this query as an opportunity to talk about something interesting – in the eyes of your target – that you are working on.  Be sure to follow up by asking the other person what they are working on.”

 

Ross Fishman of Fishman Marketing, who organized the Just JDs program, addressed the use of marketing tools – especially Web sites -- to increase a law firm’s exposure.  “Law firms need both marketing and business development,” said Fishman.  “Marketing creates opportunities by setting the stage.  Business development capitalizes on those opportunities to bring in new work.”

 

Fishman does a lot of work with small and mid-size firms.  “There is a common perception that bigger is better,” said Fishman.  “Small and mid-size firms have more to prove than large firms.  They can do this by focusing on a particular niche, by being less expensive, and by using creativity in order to be more memorable.”

 

When the economy is bad, many law firms attempt to cut costs by cutting back on marketing efforts – at a time when many large companies are actively looking for less-expensive small and mid-size alternatives.  “Cutting back on marketing is a big mistake,” said Fishman.  “As your competitors cut back, you can really widen the gap between them and you by marketing aggressively.”

 

Alvidas Jasin, director of business development at Thompson Hine, discussed the use of competitive and client intelligence to increase business from existing clients and gain new clients.  “Never try to guess what it is that your clients want,” said Jasin.  “Ask them.  Lawyers often hesitate to do this but, trust me, clients love to be asked.”

 

“To take care of your existing clients,” said Jasin, “create client teams that include lawyers, paralegals and staff – and let your clients know about it.  Use end-of-matter surveys as an opportunity to touch base, improve your service and perhaps gain new work.  Conduct annual client meetings with your most significant clients – and use this information to continuously improve your client relationship.

 

“Most importantly, do not seek client input unless you are fully committed to acting on the feedback you receive,” said Jasin.  “Nothing is more harmful to a relationship than seeking input, raising expectations, and then not living up to those expectations.”

 

When seeking new clients, use relationships.  “I strongly discourage any kind of cold call,” said Jasin.  “Find someone inside or outside your firm who can make an introduction.  Thoroughly research the target and its legal needs.  Create a team that reflects the client’s team and a pitch that is customized to the client’s needs.”

 

Public relations campaigns focused on narrow, niche issues were the focus of a presentation by John Hellerman of Hellerman Baretz Communications and Gina Rubel of Furia Rubel Communications.

 

“Lawyers gain credibility in niche areas when they are quoted by relevant publications or asked to speak by meaningful organizations,” said Hellerman.  “These opportunities are at the heart of public relations.”  In today’s environment, PR also includes reputation-building via a robust presence on the Internet.

 

“To attract media attention, you must think like a reporter,” said Rubel.  “News value is determined by proximity, impact, unusualness, timeliness, prominence and conflict.  To drive interest, your story needs to meet two or three of these criteria.  News value plus creativity makes a big difference in whether or not a story idea is picked up.”

 

In addition, Hellerman and Rubel discussed how to conduct public relations in accordance with ABA and state bar Rules of Professional Conduct.

 

Although the use of social media was a consistent theme throughout the day, it received special attention in a presentation by Richard Klau, a well-known blogger and product manager for Google Blogger.  He also holds a law degree.

 

“Social media allow individual lawyers – or anyone -- to take control of their own reputations without having to go through a third party,” said Klau. “You can create a blog to establish yourself as an expert in an area.  You can use saved searches in a reader or Tweetdeck to keep current with – and comment on -- breaking developments in your area.  You can use social networks to track down ‘who knows whom’ when you need an introduction at a potential client.

 

“Do not get hung up on online traffic statistics,” said Klau.  “On the Internet, influence and focus is much more important than numbers.  Twenty visitors to your site – if they are the right influential visitors – can be much better than 500 visitors.”

 

In addition to Just JDs, LMA offered on Wednesday full-day pre-conference sessions for the most senior and the most junior marketers – a Masterminds program for those with more than ten years experience and a Quick Start program for those with less than five years experience.

 

Janet Ellen Raasch of Contstant Content

The Constant Content Blog is engineered and hosted by the wonderful folks at LexBlog.  Over the years, I have interviewed Kevin O'Keefe a few times for articles I was writing on social media.  He always had something pertinent to add to my articles and was always generous with his time.  When it came time to start my own blog, Kevin and LexBlog were absolutely "top of mind" in MY mind.  This week, the tables were turned.  My blog and the strategy behind it were featured in an interview with Lisa Kennelly on Kevin's own site, Real Lawyers Have Blogs.  Actually, because it was so long, it was featured twice -- in Part 1 and Part 2.

Thanks for the Google juice!

New LMA social network

The Legal Marketing Association recently launched its new member social network -- LMA Connect.  I've created a profile there and uploaded a few documents in order to give it a test drive.  Brett Wangman at LMA was very helpful.  A few suggestions:  It would be nice if you could make edits to documents (and document information) after you've made a download.  Currently, if you want to make a change, you have to delete an entry and start all over.  Also, it would be nice if documents could link to your profile -- like in JDSupra's setup.

New LMA social network

The Legal Marketing Association recently launched its new member social network -- LMA Connect.  I've created a profile there and uploaded a few documents in order to give it a test drive.  Brett Wangman at LMA was very helpful.  A few suggestions:  It would be nice if you could make edits to documents (and document information) after you've made a download.  Currently, if you want to make a change, you have to delete an entry and start all over.  Also, it would be nice if documents could link to your profile -- like in JDSupra's setup.

Lawyers: Use public speaking to reinforce your professional reputation

 

Lawyers: Use public speaking

To reinforce your professional reputation

Janet Ellen Raasch

Janet Ellen Raasch is a writer and ghostwriter who works closely with professional services providers – especially lawyers, law firms, legal consultants and legal organizations – to help them achieve name recognition and new business through publication of keyword-rich content for the Internet as well as articles and books for print. She can be reached at (303) 399-5041 or jeraasch@msn.com.

Clients want to hire lawyers and other professional service providers who are thought leaders within a specific area of expertise. One of the best ways to establish yourself as a thought leader is to make a compelling presentation -- on the right subject -- in front of the right group of clients, potential clients or referral sources.

Your presentations can be intimate (face-to-face in a conference room) or public (to a large group in an auditorium) – or somewhere in between. No matter the size of the venue, the principles behind making an effective presentation are the same.

“Just think of Viginian Patrick Henry's 'Give me liberty or give me death' speech,” said Steve Hughes. “What if Henry had put the whole thing on PowerPoint (complete with schematics) and just read his speech off slides to the patriots assembled in St. John's Church that day back in 1775? Would his speech have had the same impact – enough impact to spark the American Revolution? Probably not.”

Hughes discussed presentation skills before members and guests of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain) at a program held Nov. 11 at Maggiano's Little Italy restaurant in downtown Denver. Hughes is president of Hit Your Stride (www.hityourstride.com), a St. Louis-based communications consultancy that helps clients create and deliver world-class presentations. His seminars have been featured on National Public Radio.

“With a bad presentation, a lawyer's best ideas will die a painful death on the conference room table or in the hotel meeting room,” said Hughes. “They will never have a fighting chance.”

Always remember that content is king. “When people think about presentation skills, they tend to think about how they will stand, and speak, and make eye contact and gesture,” said Hughes. “These physical skills are important, but not nearly as important as having something useful to say. Delivery is forgivable. Wasting the time of your audience with bad content is simply unforgivable.”

As you prepare your presentation, consider three things. “First, consider what you would like the audience to do, think or feel as a result of your presentation,” said Hughes. “Be specific. Do you want them to take action to update their employee handbook, to think about a new change in mining law or to feel worried about the new ADAAA – so they will follow up with you for additional information?

“Second, ask yourself why they should want to do, think or feel this way,” said Hughes. “What's in it for them? Third, combine what and why into a single theme sentence. If you can't state your theme in one sentence, you won't be able to discuss it in one hour.”

Once you know what you are going to say, and why it is important to your listeners, you can work on how to say it. “It is always a good idea to 'open big',” said Hughes. “You only have a minute – three minutes at the very most – to 'hook' your audience and get their attention. If you waste those first few minutes on generic niceties like thanking the sponsors, as many speakers do, you risk losing audience interest. You'll see the Blackberries start to come out. Make a strong start -- you can always insert the niceties later.

“I use the acronym 'SPARQ' as a reminder of ways you can 'spark' up your opening and the interest level of your audience,” said Hughes:

        Surprising statement: Spark your listeners' interest by opening with an interesting fact or a surprising statistic – something with an “ah ha!” effect. If a number is big, break it down into something easier to understand and more meaningful (like how much the federal bank bailout would cost each worker). If a number is small, project what its impact would be if you multiplied it by many people (like how a few drips of gas spilled in the course of each gas-station fill-up add up to many thousands of gallons).

        Picture: If you are using visual aids, spark your listeners' interest by opening with a good picture or chart (supporting your theme) – and talk about it.

        Anecdote or story: Spark your listeners' interest by telling a story or anecdote that grabs their attention and indicates the importance of what you are going to say.

        Real life example: Spark your listeners' interest by opening with a real life example. Think like a news reporter on television, who opens with a specific situation or individual, uses that to introduce the general issue, and then closes by referring back to the opening situation.

        Question or quote: Spark your listeners' interest by asking a question. This engages their brains in trying to come up with an answer and, by extension, in what you are saying. The question can be actual (call on them for answers) or rhetorical. An interesting quote (especially from an expert in the subject you are discussing) also works well. 

In the body of your speech, focus on the clear development of your theme. Focus on providing the information that your audience needs to know in order to reach a conclusion about what you are saying. “Keep you information straightforward – especially if you are trying to persuade,” said Hughes. “According to a study by Stanford research, a confused mind always says ‘no’. In Missouri, the number-one complaint about CLE presentations was that they went into agonizing detail with no logical flow.”

Hughes recommends the use of PowerPoint for presentations – as long as it is used to clarify and focus listener attention on what you are saying rather than confuse and distract listener attention from your message. “When listeners see a lot of text on a slide, they stop listening to you -- and start to read the slide,” said Hughes. “In that split second, you've lost their attention. Never, never use prose as a visual aid.

“Use words or phrases on your slides, not sentences or paragraphs,” said Hughes. “Put important words in bold and use a lot of white space. Don't make everything equal; use layout and font size to indicate hierarchy. Slides should be speaker-dependent – featuring just headings or images and relying on the speaker to fill in the words. If you want to leave listeners with more information, put it in the form of handouts to be distributed after your presentation.”

Hughes also cautions against the common practice of ending a presentation with a question and answer session. “Save a strong statement for last so you can 'stick the landing' – and leave your listeners with a rousing call to action (what they should do, think or feel). Do not abdicate control of your presentation by ending with a flat Q&A session that could potentially turn negative or veer off topic.”

To accomplish this goal,” said Hughes, “position your question-and-answer session second-to-last in your presentation. “Say something like, 'I have one more important point to make – but first, I'd like to know what questions you have.' If there are none, be prepared with, 'A lot of times, people ask me “x.” Here is what I tell them.' Follow up with 'What other questions do you have?' This simple tactic helps you avoid the dread deafening silence after a call for questions – when folks start gathering up their materials, checking their Blackberries and starting the leave the room.”

Prior to any presentation, be sure to think about the “three S's” – slides, speech and souvenirs. “Check your PowerPoint slides for clarity and simplicity and practice your slide navigation,” said Hughes. “The strategic tactic of hitting the 'b' key on your keyboard to temporarily blank out the screen, for example, can help focus attention on your spoken words. Hitting 'b' again refreshes the slide – as well as audience attention. There are many similar and equally useful tactics.”

Practice delivering your speech out loud until you are comfortable – preferably in front of a small, friendly audience of colleagues who can be trusted to provide honest feedback. Finally, prepare a useful print-out of your presentation (to hand out at the end) that includes not only your slide headings, but also your spoken comments – as well as any additional supplementary materials your listeners might appreciate.

“Your listeners are there for a reason,” said Hughes. “Even before you open your mouth – they believe that you will have something interesting to say. Don’t blow it. Make sure your content is clear and useful, and that your presentation skills are engaging and well-rehearsed.”  

About

A constant stream of good content -- with your name on it and appearing in skillfully targeted electronic and print media – is one of the most effective ways to enhance your reputation as a professional -- and get new business.

Janet Ellen Raasch is an experienced independent writer who helps professional service providers reach -- and persuade -- their ideal clients through creation of by-lined content for the Internet, and copy for traditional print media.

In particular, Raasch produces content and copy for lawyers, law firms, consultants to the legal industry and legal organizations (including ABA, CBA, LMA and ALA). Because she has been an in-house legal marketing director as well as a consultant, her content and copy is written with your unique marketing agenda in mind. She is one of the best-known independent writers in this market segment.

Janet Ellen Raasch is an accomplished journalist who has written and ghostwritten more than 1,000 articles for electronic and print publication (see "writing samples"). In addition, she has written and ghostwritten more than a dozen books and numerous white papers (see "writing samples"). She has created keyword-rich content for more than a dozen Web sites.

On a full fellowship, Janet Ellen Raasch earned a graduate degree in journalism from the Marquette University College of Communications. Her undergraduate degree in psychology (with a minor in English) is from the University of Dayton. Following graduation from Marquette, she was recruited by this program to teach persuasive writing and serve as faculty adviser to all Marquette University student publications – a position she held for ten years. Because of her journalism background, her writing style resonates with the electronic and print news media. 

Janet Ellen Raasch lives in Denver, Colorado. Before choosing to focus her practice on marketing communications for the legal industry, she was a speechwriter for the Mayor of Milwaukee, a marketing communications writer for a major healthcare provider, a writer and editor for a high-tech materials magazine, and author of numerous corporate histories. She is married to financial advisor Kevin O'Connor and has three adult children.

View Janet Ellen Raasch's profile on LinkedIn

JD Supra: http://www.jdsupra.com/profile/janetellenraasch