Constant Content : Legal Ghostwriting & Content : Janet Raasch : Copy for Lawyers & Attorneys, Law Firm Business Development

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

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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

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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

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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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.)

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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

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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

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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

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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.

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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

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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

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(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

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(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

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(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

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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

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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

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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

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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

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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

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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 25^th 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

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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

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Decision-makers are also more receptive to a presentation that is well-researched and customized to their unique needs and wants.  To craft an effective pitch, you need to unearth and use intelligence about your audience, your competition and yourself.

First of all, research the prospective client.  Find out who will attend the presentation and conduct an Internet search to find out more about them.  Your firm’s resource department/librarian can be a valuable partner in this effort.  In addition, find out if someone at your own firm or in your network can provide more background.

“Research the prospect’s business and industry,” said O’Connor.  “Determine its strengths and weaknesses so that you can present a plan to enhance the former and alleviate the latter.”  It is also important to research your competition – other law firms the prospect is using or has used in the past, as well as other law firms currently vying for the same business.

Finally, research your own practice, brand and unique selling points – and be ready to use these in your presentation.  “Spell out how what you offer exactly matches what the prospect needs and wants,” said O’Connor.  “Clearly differentiate yourself from the other lawyers or law firms that might be pitching for this same business.  If you can’t differentiate yourself, then the decision will be based solely on likability.”

When your research is complete, focus on the actual content to be presented.  “It is important to craft your pitch in advance, and include no more than three main points,” said O’Connor.  “A pitch is about more than information-sharing; it is about persuading the client to work with your firm.  The points you make should build a case that demonstrates how your firm can meet the client’s needs and wants.”

Content and word choice in a presentation should be vivid, powerful, concise and concrete -- not bland, weak, rambling and abstract.  Make good use of statistics, rhetorical questions, analogies, case studies, testimonials, humor and stories, which are all tested ways of maintaining interest and improving memorability.  Use these tools to start strong, end strong and vary the flow of your presentation every five minutes or so.

In addition, presenters should anticipate all of the questions a prospect might ask – including negative questions -- and prepare answers in advance.

Practice is an essential part of preparing for a successful presentation.  “Only during a dry run can you (or your helpful colleagues) detect the weaknesses in the pitch,” said O’Connor.  Are the main points discernable?  Do you go beyond informing and also persuade?  Is the content compelling and vivid?  Is it clear that you want the business?  Is it convincing that you are the best candidate?

“I’ve heard of the phenomenon in law firms where the attorneys return from a pitch convinced that it was a success,” said O’Connor, “only to learn otherwise when they don’t get the business.  This could happen because we are programmed to remember things that are congruent with success.

“Even if you delivered your pitch flawlessly,” said O’Connor, “that does not mean it contained anything the prospective client wanted to hear.  Don’t fall victim to this disconnect.  Do substantive advance research.  Think through your likability, rapport, delivery and resilience.  Include a clear, sincere ‘ask.’”

Part three of a three part article.  For the full article:

How to "pitch" your legal services so that clients will "catch"

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Research demonstrates that when selecting a service provider – such as an attorney or law firm -- decision-makers are more receptive to those they like.  “At a certain level of achievement, expertise is assumed,” said O’Connor, “and decisions are made on the basis of an existing or anticipated relationship.

Rapport (the ability to build relationships on the fly and over time) plays a role in your likability.  This is especially true in the area of professional services – where the “product” you are selling cannot be distinguished from you as a person.

“The professional services offered by a lawyer are much more difficult to ‘test drive’ than a physical product like a hair-dryer,” said O’Connor.  “As a result, potential clients are looking for even the smallest clues to use in their decision-making.  They find these clues in seemingly silly places -- handshakes, eye contact and initial small talk.”

For those who do not find it easy to build rapport, tools like matching and mirroring can play a role.  “You don’t want to go overboard, however,” said O’Connor.  “Take your cues from the other person’s facial expression, subject matter, tone, pace, formality and energy level in an ongoing attempt to connect during the prospect meeting – but always be authentic and sincere.”

Nascent rapport can be damaged in numerous ways, including interruptions, disrespect and not listening.

“As wordsmiths, many lawyers tend to leap ahead to craft their next comments when they should be listening to the prospect,” said O’Connor.  “Frankly, it is something that we all do.  Try to remember that the spotlight should be shining on the client, not you.

“The business pitch isn’t for reeling off a list of the firm’s features and benefits – hogging the time allotted,” said O’Connor.  “While it seems somewhat counterintuitive, the amount of time you talk versus the amount of time you listen during a client pitch is inversely related to your ability to secure new business.”

Likability is also a product of how you look and sound as you deliver your message.  “Dress appropriately, of course, then square up your posture and maintain an open facial expression,” said O’Connor.  “Maintain eye contact and eliminate anything that interferes from your message, like distracting accessories or incompetent use of audiovisuals or scripts.”  Although some of these tips can seem simplistic, the goal is to remove any  “noise” from a channel where your message should be paramount.

How you sound also factors into your credibility.  Enunciate clearly and make sure that your pace, tone and emotional expression are appropriate.

“When people form an impression of you via the telephone,” said O’Connor, “87 percent of that impression is based on the tone of your voice.  Before making or receiving a phone call with a prospective client, take a moment to collect yourself and focus.  Because you are ‘backfilling’ for a ton of missing visual clues, your tone of voice carries a disproportionate amount of weight on the phone.”

Resilience is another component of likability.  Resilience is the ability to flex and flow with anything you encounter during a pitch.  “While PowerPoints and scripts can help keep people on track,” said O’Connor, “they can also serve as straight-jackets when you detect that a mid-course correction is needed during the pitch.

“The skilled presenter is constantly attuned to listeners’ reactions and makes appropriate mid-course corrections,” said O’Connor, “such as shortening the pitch, increasing the energy level, or reiterating or simplifying complex concepts.”

The final element of likability is follow-up – promptly via a hand-written personal note to each person in the meeting and over time via a structured contact system.  “Even if you don’t get the business you are pitching,” said O’Connor, “continue to build the relationship by sending articles, alerts, branded documents and holiday greetings.”

This is part two of a three-part article on effective client presentations.  For the complete article:

How to "pitch" your legal services so that clients will catch

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Congratulations!  Thanks to a lot of hard work, you’ve finally nailed down the opportunity to “pitch” your legal services to a targeted, qualified client.  Obviously, you want to make the most of this hard-won opportunity.

“Solid presentation skills are essential to securing new business,” said Brigid O’Connor, MBA.  “Whether you are delivering the pitch or helping prepare for it, you know that prospect meetings are both a vital marketing tool and a potential obstacle to success.”

O’Connor is founder of At Ease, LLC (www.at-easellc.com), where she uses speaking and training engagements to help people present with efficiency and purpose.  She delivered these remarks on effective new business presentations at the monthly educational meeting of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held Jan. 8 at the Marriott City Center in downtown Denver. 

According to O’Connor, successful pitches depend on two characteristics – likability and preparation.

This is part one of a three-part article.  For the full article:

How to "pitch" your legal services so that clients will "catch"

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In order to be focused and productive, most lawyers and other legal professionals need to take back their time -- setting aside a certain amount of quiet time within their "noisy" electronic, interpersonal and physical environments.  The following serialized article is a synopsis of a presentation by Paul Burton, developer of the QuietSpacing productivity method.

Final installment of a six-part article:

A constant source of “noise” is the workplace environment itself -- both physical and interpersonal.  “Research shows that, even when we think we are focused on one task, our brain is constantly distracted by the unconscious processing of the stimuli that fall within our peripheral vision,” said Burton.

“Your designated workspace should be completely clear of everything except the one task you are working on,” said Burton.  “If your desk is cluttered, move to a completely empty ‘work table’ – either in your own office or, if you find it hard to focus in your own office, in sequestered space elsewhere -- like a meeting room or a ‘guest office’ set aside for visiting clients.”

One simple tactic is to locate your dedicated work area in such a way that you are facing away from any door (which should be partially or completely closed) or window in your office.  “If you are not tempted to lift your eyes to see who is walking by or tune your ears to listen to passing conversations, you will have better focus,” said Burton.  “If those walking by do not make eye contact and see your friendly smile, they will be less likely to stop by and interrupt.”

Burton recommends that lawyers and other legal professional establish core ‘working hours’ when they are not to be interrupted and more flexible ‘office hours’ when interruptions are allowed.  “Let your staff and colleagues know that you appreciate ‘batched’ questions all at once, rather than serial, multiple interruptions,” said Burton.

“Noise” is a necessary part of any modern workplace.  Do not be enslaved by it.  Quiet this noise and become more productive as a legal professional by taking control of your electronic devices, tasks, schedule, meetings and workplace environment.

For full article:  Take (back) your time!  How legal professionals can control "noise" and be more productive in the workplace

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In order to be focused and productive, most lawyers and other legal professionals need to take back their time -- setting aside a certain amount of quiet time within their "noisy" electronic, interpersonal and physical environments.  The following serialized article is a synopsis of a presentation by Paul Burton, developer of the QuietSpacing productivity method.

Parts four and five of a six-part article:"

Quieting calendar “noise”

Mismanagement of the hours in your workday leads to a loss of control over your productive time – especially when faced with the inevitable and unpredictable train wrecks that are part of any practice.  “You can only control what you schedule,” said Burton.  “The rest of your day just happens to you.

“Each day, calendar four hours to deal with the tasks you have scheduled for that day,” said Burton.  “Review and lay them out at the start of the day, before checking your emails (which can throw you off track).  Survey and measure progress on ‘all you command’ again at mid-day and at the end of the day.”

“Also, schedule short breaks throughout the day in which you do something unrelated to work -- to clear and re-boot your brain for the next task,” said Burton.

Quieting meeting “noise”

Meetings are a common cause of interruption to a workday.  The secret is to control the time devoted to meetings – rather than letting it control you.

“If you are in charge of a meeting, reduce the time you think that you will need by 25 percent,” said Burton.  “Distribute all materials ahead of time so that attendees do not have to read them during the meeting.  Do not just rattle on with the meeting content.  Ask questions and elicit answers from attendees, so that they will remember what happened in the meeting and also need to ask fewer time-consuming questions.”

Schedule enough time between meetings to allow for time overruns and to provide time after the meeting to capture and manage what happened in the meeting.  “If meetings start on the hour, schedule them for 45 minutes rather than the entire hour,” said Burton.

For full article:  Take (back) your time!  How legal professioals can control "noise" and be more productive in the workplace

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In order to be focused and productive, most lawyers and other legal professionals need to take back their time -- setting aside a certain amount of quiet time within their "noisy" electronic, interpersonal and physical environments.  The following serialized article is a synopsis of a presentation by Paul Burton, developer of the QuietSpacing productivity method.

Part three of a six-part article:

Multitasking – so common in today’s workplace – is the bane of the productive professional.  “The same task can take twice as long when you are being constantly interrupted,” said Burton.

“Juggling too many ‘to do’ tasks in our minds is yet another kind of ‘noise,’” said Burton.  “Conduct regular ‘core dumps’ – preferably by intelligent use of the tools available in Outlook – that allow you to comfortably focus on one task at a time – without the constant nagging fear that you are forgetting something.”

The core of QuietSpacing®, in fact, is a structured system to organize a vast quantity of work inputs in this way.

“Prioritize your tasks by specific due-date (not ‘asap’), identify the tasks assigned for a given day, and focus all of your attention on those tasks (‘all you command’) for the duration of the allotted time,” said Burton.  “When you have finished the substantive portion of your day, select and complete ‘just one more thing’.  You will be amazed at how much you accomplish over time.”

Another simple but useful tool is to have just one screen open on your computer at a time.  Multiple screens or monitors introduce ‘noise’ that disrupts your focus and productivity.

For full article:  Take (back) your time!  How legal professioals can control "noise" and be more productive in the workplace.

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In order to be focused and productive, most lawyers and other legal professionals need to take back their time -- setting aside a certain amount of quiet time within their "noisy" electrnic, interpersonal and physical environments.  The following serialized article is a synopsis of a presentation by Paul Burton, developer of the QuietSpacing productivity method.

Part two of a six-part article:

The electronic office has brought many benefits to the practice of law, but has irrevocably changed its pace and its “noise” level.  Thanks to the Internet, we are on call 24 hours a day, seven days a week and 365 days a year – at our desks or on the move.

The few seconds it takes to respond to each distracting ping or vibration of an electronic device may not seem like much, but when you multiply it by the average of 100 emails a working person gets each day – and then add in social media and other alerts – it adds up.

“The trick is to learn how to leverage email as an important tool without becoming enslaved to it,” said Burton.  “Turn off the distracting ‘ping’ and then set a certain time – perhaps once an hour, or as often as you see fit – to scan and process your emails in a batch.  Do the same with your telephone ringer.

“In the days before email, you wouldn’t make a separate trip to the mailbox for each piece of mail,” said Burton.  “You would bring in the whole batch and process it at the same time.  The same rule should apply to your emails.  Batch-processing a task is much more productive than serial processing it.”

Other tools to avoid email distraction include:

Restrict each email you send to one subject, which allows it to be filed appropriately by the receiver for easy retrieval and reference.

Make your subject lines as specific as possible, so that the receiver knows what the email is about – and where to file it.  Never leave them blank or vague.

Minimize the use of the ‘reply all’ function, in order to decrease the burden on your colleagues’ inboxes (and time) and your firm’s hardware.

Learn how to drag emails into your appointments and tasks functions (in Microsoft Outlook), where it will be copied into the “comment” area for that appointment or task.

For the full article:  Take (back) your time!  How legal professionals can control "noise" and be more productive in the workplace

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In order to be focused and productive, most lawyers and other legal professionals need to take back their time -- setting aside a certain amount of quiet time within their "noisy" electronic, interpersonal and physical environments.  The following serialized article is a synopsis of a presentation by Paul Burton, developer of the QuietSpacing productivity method.

Introduction to a six-part article:

There are only so many hours in a workday.  We like to think that we are in control of our time during those hours -- but most of us, in fact, are not.  Slowly but surely, we have ceded control of our time to “noise” in our workplace environment.

Every interruption at work – the pinging an electronic device, the juggling of multiple demands, the time spent chatting with a friendly colleague – takes focus from the task at hand.  You feel busy -- but you’re not getting much done.  You are confusing activity with productivity.

In order to be focused and productive, most lawyers and other legal professionals need to take back their time – setting aside a certain amount of quiet time within their “noisy” electronic, interpersonal and physical environments.

“By following a few simple steps to control routine interruptions, you can gain six extra minutes of productivity each day – or three full work days each year,” said Paul Burton.  “This saves not only measurable time – but also immeasurable focus.”

Paul Burton is a lawyer and a nationally recognized expert on workplace productivity.  He developed the QuietSpacing® productivity method and is author of QuietSpacing:  Conquering E-mail, Mastering Work Loads & Achieving Balance.   He regularly speaks, trains and coaches on this subject, and also blogs at www.quietspacing.com.

Burton discussed productivity before the monthly educational meeting of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held Jan.11 at the Four Seasons Hotel in downtown Denver.

For full article:  Take (back) your time!  How legal professionals can control "noise" and be more productive in the workplace

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This time of year, many of us resolve to buff up our physical appearance – but what about our personal and professional appearance online?

Attorney biographies are the most-frequently visited pages on law firm websites and can make a strong first impression -- or no impression at all.  Referrals are important but, in the Internet age, potential clients, reporters and conference planners will almost always use online attorney bios to validate a referral before actually making contact.

In spite of their popularity with users, most attorney bio pages are “flabby” and make a non-descript first impression.

Here are some easy steps you can take to get your attorney bios in shape.

Think like a reporter.  Make the first sentence of each bio not a generic statement – but a news lead.  What makes this lawyer unique among his or her peers?  What kinds of problems are clients facing – newsworthy problems that this lawyer can solve?  Don’t start with the kind of law practiced, but with the kinds of business or personal problems solved.  There is no place for generic material like licensure, schools or practice areas in your narrative; generic material should be pulled from a database and run alongside.

Tell stories.  Research shows that people remember and repeat stories much more often than abstract qualities.  Instead of simply citing a category of work or a representative case or matter, tell a “case story.”  This is also a great place to indicate some of your values as a practitioner and demonstrate your level of client service.

Case stories can be told in four simple sentences (with a link to a more detailed case study, if necessary).  Define the client (with permission) and industry.  State the problem faced by the client.  State the smart and cost-effective solution you provided.  State the positive business or personal outcome for the client.  Once written, good case stores can also be used in practice/industry areas and pulled from the database to use in proposals.

Demonstrate values.  At a certain level, legal skill is a given and clients decide which lawyer (or law firm) to hire on the basis of values – all things being equal, they retain lawyers they know, trust and like.  A good way to demonstrate values is to include short quotes from the lawyer – usually as break-out quotes rather than within the narrative.  What does the lawyer love about his area of practice or industry?  What was the lawyer’s favorite case, and why?  What was the best piece of advice the lawyer received from a mentor?  What does the lawyer do outside the office – in the community or with family?

Multiply your media.  Most traditional lawyer biographies limit their “multi-media” capacity to a photo and perhaps a few links to the full text of articles and other written content.  The best modern bios are like personal home pages -- with links to audio, video and the lawyer’s social media sites.  Robert Algeri of Great Jakes gives the cutting-edge advice to think of each lawyer bio as an independent, free-standing, multiple-paged professional micro-site.

Lawyer bios are the most-valuable and least-leveraged real estate on any law firm’s website.  In 2011, resolve to buff up your firm’s flabby bios.

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The following is part three of a three-part article, based on a managing partner panel presentation in Denver.

Alternative fee arrangements --   The jury is still out.  In an hourly fee arrangement, there is no “upside” for the client.  Clients want to discuss arrangements that benefit both parties – up front but also during the course of a representation.  Emphasize effectiveness and efficiency over billable hours.

Associates – Associates are a mixed bag.  On the one hand, they are more focused on themselves, their families and their lives outside the office.  They are more likely to attend networking events that are age-appropriate.  On the other hand, they are more likely than their older colleagues to be interested in and support the “business” side of a law firm – and the marketing endeavors that are part of running any good business.

Budgets -- Clients must live within their departmental budgets.  When we blow our budget, they blow their budget.  As a result, clients want predictability.  Unfortunately, lawyers are lousy at budgeting.  Project and budget management is the “next big focus of improvement” between clients and law firms.

Client service interviews – CSIs are absolutely the best way to find out what your clients want in the areas of skill and service – and then give it to them.  We have been unbelievably impressed.  “We’ve done more than 100 CSIs over the past few years with our law firm clients.  Watch out, because now we are starting in on YOUR clients!”

Future – More mergers, bigger law firms, more global law firms.

Priorities – Marketing and business development priorities are a moving target.  You can meet weekly or monthly to measure progress and priority, but there is always going to be a crisis or special need (one lawyer who is feeling slighted) that wreaks havoc with your calendar.  The trick is to solve this problem and get back on track as soon as possible.

Sales – Local law firms are not seeing a “sales” function separate from marketing and business development.  “The lawyer/client relationship is still relationship-based.  It is very difficult to artificially insert a third party into that relationship process.”

Social media – Panelists use and see the potential, but feel “over-socialized.”

In summary, legal marketers can lighten the load for managing partners by devising a focused, strategic marketing plan; building and maintaining a firm-wide image; skillfully obtaining firm-wide buy-in for marketing initiatives; and putting plans into action in a way that makes each lawyer at the firm feel like your most important client.

For the full article:  Managing partners appreciate strategic role of marketing department

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The following is part two of a three-part article, based on a managing partner panel presentation in Denver:

In this economic climate, elevating the role of marketing and business development from reactive afterthought to proactive strategic weapon is essential.  The successful marketing professional will generate good ideas based on the marketplace and advocate for these ideas at the management and practice group level.  “Don’t come to me or these decision-making bodies with a list of problems,” said Finegan.  “Come to us with solutions.”

“Marketing played an important role in our strategic planning and execution during the economic downturn,” said Lund.  “Over the years, we had gotten soft about how we used our resources.  When these resources became limited, marketing helped us focus on (and compete strongly within) our core practices.  During troubled times, it is important to think of marketing not as an expendable cost center – but as an enhancement.”

“Hogan Lovells is a global law firms with 2,500 lawyers located in  branch offices around the world,” said Finegan.  “Just one-quarter of these offices are located in the United States.  In Denver, our marketing staff helps us focus on what we do best – and then ‘sell’ these unique services to Hogan Lovells’ offices and their clients around the world.  We have made ourselves successful as an ‘exporting colony’ that is much beloved by the ‘mother country’ in Washington, D.C.

“We market internally to our 44 offices as well as externally to the world of clients in need of our unique services – like energy law,” said Finegan.  “Our energy expertise is a hot commodity not only in Colorado, but also in Beijing and other energy markets.  At a recent retreat attended by 600 firm lawyers from around the world, marketers at the Denver office created a placemat for each place that listed our energy lawyers.”

“Lindquist & Vennum is a 180-attorney law firm headquartered in Minneapolis,” said Stasiak.  “Our Denver practice has 21 lawyers and focuses primarily on commercial litigation, construction, insolvency and restructuring.  As partner in charge of the Denver office, I rely on Minneapolis for marketing support on an as-needed basis.

“Too many lawyers can’t see the value in marketing because they do not understand legal marketing,” said Stasiak.  “It is up to you to enlighten them.  Come to us proactively with a recent newsworthy development in our area of the law – along with a plan for a useful seminar on that development we can present to our clients.  Execute the seminar flawlessly.  Now, you’ve concretely demonstrated the value of the marketing department to your internal lawyer/clients.”

For the full article:  Managing partners appreciate strategic role of marketing department

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The following is part one of a three-part article, based on a managing partner panel presentation in Denver:

A law firm or law office managing partner wears many hats.  Some managing partners are able to dedicate themselves full time to leading the law firm, but many others fulfill management responsibilities on a part-time basis while also representing clients.

Anything that a marketing professional can do to decrease the load that rests on the shoulders of these busy individuals is greatly appreciated.

The Great Recession of the past few years has greatly affected not only the relationship between lawyers and clients, but also the relationship between managing partners and law firm marketers.

With law firm operating budgets under the knife, short-sighted law firms have cut marketing staff and programs.  Savvy law firms, on the other hand, have taken this opportunity to re-energize their strategic marketing function.

“Industry-wide, we saw a drop in demand of 24 percent in the fourth quarter of 2008,” said Kenneth Lund, managing partner of Denver-based Holme Roberts & Owen (www.hro.com).  “In that kind of environment, you are not able to raise rates to make up the difference.  By responding quickly, we stabilized the firm and focused on our core practices and market demand -- and aggressive marketing activity to meet that demand.”

“Usually, when the economy suffers, businesses become more contentious and we see a rise in litigation,” said Cole Finegan, managing partner of Hogan Lovells’ (www.hoganlovells.com) Denver and Boulder offices.

“This time, the economic devastation was so complete that clients pulled back everywhere,” said Finegan.  “On the bright side, we are starting to see a pick-up in corporate work.  Cautious clients who have been sitting on their cash are once again looking for deals.  We also anticipate growth in regulatory work surrounding the growing field of alternative energy.”

“Our firm saw little change in the amount of litigation,” said Tiffanie Stasiak, partner in charge of the Denver office of Lindquist & Vennum (www.lindquist.com) and chair of the firm’s construction litigation group, “but we did see a change is what the litigation was about, and how it was resolved.  When we met with our clients, after the economy turned, our rate structure became very relevant.”

“In the area of litigation,” said Lund, “our clients are pushing back not only on rates, but also on how we plan to manage their cases.  They want to see a much shorter case lifecycle – with early evaluation, rapid resolution and reduced fees.”

This panel of law firm and law office managing partners discussed the economy and what they expect from their marketing departments at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held Nov. 9 at the Ritz-Carlton Hotel in downtown Denver.

The panel was moderated by Lisa Simon, chief marketing officer at Brownstein Hyatt Farber Schreck (www.bhfs.com).

For the full article:  Managing partners appreciate strategic role of marketing department

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Usually, I provide writing and ghostwriting services for lawyers, law firms, legal organizations and consultants to the legal industry.  But I can write just about anything for anybody.  Recently, for example, I was retained by a mining construction (Harrison Western Construction) and water process technology (HW Process Technologies) company to write a short profile of a Denver-based businessman and mining engineer -- Allan Gordon Provost.  Here's the first section:

Al Provost was just a teenager when he first worked on an oil rig.  One day -- as he was laboring away on a drill, cold and covered in mud -- he looked up to see a well-groomed man in a nice suit walking through the site.  “Who’s that?” he asked a pal.  It was the project’s engineer.  “Well, that’s the job for me,” he decided.

That decision was just the first step in a half-century journey that included the creation and growth of a successful company -- as well as many significant contributions to the mining and natural resources industries.

In June of 2010, Al fell ill while bear-hunting with his grandson in Canada.  An initial diagnosis of dehydration and exhaustion turned out to be an aggressive form of leukemia.  He died only two weeks later, on June 20, 2010.  He was 74 years of age.

While he was still in the hospital, the head and pelt of a record-setting black bear he’d shot in Canada on a previous trip arrived.  “If you meet up with that bear again in heaven,” said son Don Provost at Al’s memorial service, “my money’s still on you, dad.”

For the complete profile:  A helluva engineer:  A brief biography of Allan Gordon Provost

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Part three of a three-part article, based on a presentation made by Kent Zimmermann of Zeughauser Group.

Law firm partners resist CSIs for many reasons.  In particular, they erroneously think that they know everything there is to know about the client, they are in denial (they don’t want to know if a client is unhappy) or they don’t want others in the firm to now that the client is dissatisfied.

“It is important to position CSIs correctly,” said Zimmermann.  “Do not position them as a ‘checkup’ or ‘report card’ on any given lawyer.  Rather, position them as a way to provide better service, acquire intelligence on competitors and find new work.

“In Zeughauser Group’s experience, general counsel like to participate and find CSIs very therapeutic,” said Zimmermann.  “At the end of an interview, we often hear ‘I hope you will be coming back to do this again next year.’”

The CSI should not be conducted by the relationship partner.  “The client will not be as candid with this person,” said Zimmermann.  “CSIs can be conducted by the firm’s chairman or a senior partner – someone whose attention will ‘honor’ the client and whose authority within the firm will ensure compliance with feedback.”  Alternatively, CSIs can be conducted by a skilled outside consultant.

There are five stages to an effective CSI pilot program:

Design for success.   “Initially, work only with partners who understand how this process can bring them more work,” said Zimmermann.  “Never twist the arms of reluctant or hostile partners to make them participate in your pilot.  They will just drag you down – along with the entire process.”

Start with just five clients.  “Do not try to do too much at first,” said Zimmermann.  “Aim to do a focused job with five clients rather than spreading yourselves too thin with many clients.”

Use a tiered system.  “Consider putting the firm’s clients into three tiers,” said Zimmermann.  “Tier one might include clients that are largest in terms of revenue.  Tier two might include satisfied clients with potential for growth.  Tier three might include clients with known issues – troubled relationships that the firm wants to get back on the rails.  For your pilot, choose clients from tier two.”

Sell your success.  “Empirical and anecdotal evidence of success (from your carefully selected, tier-two, low-hanging fruit) should be shared throughout the firm,” said Zimmermann.  “Use this evidence to demonstrate how the CSI process works and the value it provides – and to sell the initially wary partners.”

Get ready for business.  “Once you have demonstrated success with your pilot program, expect a second wave of interested partners to line up at your door,” said Zimmermann.

Because of the challenging economic environment, general counsel are expecting much more from their law firms – and are much more likely to abandon firms that do not take active steps to meet those expectations.  CSIs are a best practice among successful law firms -- and part of the bedrock of any solid client-care and loyalty program.

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Part two of a three-part article, based on a presentation by Kent Zimmermann of Zeughauser Group.

Not surprisingly in this economy, cost has dominated the conversation between legal departments and law firms.  According to Inside Counsel magazine, 46 percent of general counsel agree that reducing costs is essential to improving law firm relationships.  Only eight percent of law firms see this issue as important.

“According to the Association of Corporate Counsel, the single most important thing a law firm can do is to provide alternative fees and value-based billing options,” said Zimmermann.

“Clients like to see retainers, for example, because this arrangement offers predictable cost from month to month.  Hourly rates will endure for bet-the-company work and more specialized, high-value work, but general counsel increasingly want to see alternative fee arrangements proposed for commodity work.  They might not always opt for alternative fees, but they like to see them offered.

“Rate discounts can be actual or they can be illusion,” said Zimmermann.  “General counsel need to be able to show their bosses that they are taking steps to control costs.  Some general counsel will tell you to visibly show discounts on your bills.

“One general counsel I interviewed asked that the firm show the rates of its top partners in New York with a discounted rate calculated on the bill for other lawyers who were performing the work,” said Zimmermann.  “Long story short – you want to help the general counsel look like a star to his or her superiors.”

Staffing can be another disconnect – especially when it comes to associates.  “You have to understand that the average first-year associate earns as much as an in-house lawyer with ten years’ experience,” said Zimmermann.  “In many cases, in-house lawyers are resentful -- and many are explicitly refusing to pay for work performed by first- or second-year associates.

Client satisfaction is a critical measure of a law firm’s success.  In many cases, a client will not volunteer dissatisfaction unless asked.  The conflict-averse client will not ‘fire’ a lawyer overtly, but will simply stop sending any new matters his or her way.

“Asking clients the right questions, listening actively to their answers, and turning feedback into consistent, meaningful actions are the cornerstones of client service – inspiring client satisfaction and loyalty,” said Zimmermann.   “Conducting effective CSIs can help you get in front of a problem before it’s too late – and discover opportunities for new business.

“A Bay Area client for which I did CSIs, for example, did about $1 million in legal work for an energy company in Texas that long had an external spend of $3 million,” said Zimmermann.  “The law firm was confident that it was handling about one-third of this client’s work.

“When we interviewed the client on the firm’s behalf, we found that they were indeed satisfied with the law firm – but that the client’s legal spend on the type of matter at issue had tripled over the years to $9 million.  Because the client had a misperception about the law firm’s ‘depth,’ it had been farming this work out to a number of small Texas boutiques.  Armed with intelligence gained from the CSIs, firm leadership flew right down there and secured a significant amount of new work.

“Many partners simply do not understand what clients think of them,” said Zimmermann.  “In an often-cited study by Inside Counsel magazine, outside counsel gave themselves pretty good grades on client satisfaction.  Nearly 43 percent said that they deserved an ‘A’ and 50 percent said they deserved a ‘B.’

“Clients strongly disagreed,” said Zimmermann.  “They gave an ‘A’ to just 17 percent and a ‘B’ to 72 percent.  There is a strong disconnect between what clients want and what outside counsel are giving them.  The only way to uncover this is to ask.”

For the full article:  Client service interviews help law firms keep clients close.

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Part one of a three-part article, based on a presentation by Kent Zimmermann of Zeughauser Group.

Economists may have declared that the Great Recession is officially over, but many businesses and their legal service providers would probably beg to differ.

Over or not, the Great Recession has dramatically changed the traditional relationship between legal departments and outside counsel -- in ways that are likely to continue even as the economy improves. Longstanding grievances have risen to the surface.

Businesses and general counsel understand the parameters of this new relationship, but many law firms and lawyers do not.

After years of immunity from corporate cost-cutting efforts, 85 percent of general counsel are now being asked to cut their budgets. Only 26.2 percent of them believe that outside counsel are sensitive to their budget constraints.

To control costs, general counsel are bringing more legal work in-house and, in many cases, using non-traditional providers of legal services. For example, they are turning to cost-effective legal process outsourcers for much of the work previously done by young law firm associates – and asking their law firms to work with these alternative providers for services like e-discovery, document review and even depositions.

For work that requires a law firm, general counsel are moving some matters from costly big national firms to reasonably priced mid-sized regional firms.

“General counsel are facing unprecedented pressure to control costs,” said Kent Zimmermann. “They are demanding discounts, more-predictable alternative fee arrangements and better service from outside counsel.”

“If general counsel do not get what they want in this buyers’ market – they are more than happy to shop around,” said Zimmermann. “Despite the common misperception within law firms, only 13 percent consider their current law firms ‘indispensible.’ More general counsel than ever are switching their primary providers.”

Zimmermann discussed this volatile new marketplace at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held October 12 at the Ritz-Carlton Hotel in downtown Denver.

Zimmermann is a general counsel, former CEO and management consultant with Zeughauser Group (www.consultzg.com), a leading legal industry consultancy.

“2008 and 2009 were challenging years for law firms,” said Zimmermann. “During the first half of 2010, there was reason for optimism for many firms – but demand has been unsteady at best, and performance across the industry continues to be mixed.

“In this highly competitive market, where general counsel have more choices and are less loyal than ever before, lawyers and law firms must do everything it takes to retain and expand their existing client relationships – especially by investing wisely in client-care programs,” said Zimmermann.

“One of the best ways to try to ‘bullet proof’ clients (and expand your relationships with them) is to invest in an ongoing and systematic program of client service interviews,” said Zimmermann.

“Marketing professionals understand the value of CSIs, but many partners do not,” said Zimmermann. “Longstanding ‘disconnects’ between client and lawyer expectations have been amplified by the market challenges facing the legal industry. CSIs are one of the most effective ways to discover (and remedy) these disconnects -- before it’s too late and they destroy an important relationship.”

For the full article:  Client satisfaction interviews help law firms keep client close
  

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Part four of a four-part article:

Brown emphasized the valuable role of the marketing department in helping law firms find and retain new laterals and helping new laterals accomplish their professional goals.

“All too often, marketing is looped into the process a day or two before the new lateral arrives – when they are asked to do some internal and external publicity,” said Brown.  “This is a huge mistake.  Marketing has unique knowledge and skills  to bring to all stages of the process – attraction, vetting, planning, integration and coaching.”

Attract.  Although laterals are interested in a firm’s financial stability and compensation, they are most interested in a plan and a platform to grow their own practice.  “The firm’s marketing person is aware of the firm’s market and internal synergies, and is best qualified to discuss these meaningfully with a recruit,” said Brown.

Vet.  Law firms carefully conduct due diligence with potential laterals regarding billable hours, collection rates, client lists and ability to integrate into existing operations.  “However, they often ignore business-development due diligence,” said Brown.  “Marketing should vet a potential lateral regarding marketing efforts.  Did she inherit her book of business, for example, or did she build and maintain it herself?”

Plan.  Only two-thirds of all law firms responding to a recent NALP Foundation survey created a plan for the integration of a new lateral or practice group.  What new markets are created?  How can the firm’s existing clients/partners benefit?  Who will do the work?  Who is accountable for the integration?  “Marketing should be closely involved with the creation of this integration plan,” said Brown

Integrate.  A person in a leadership position (including the firm’s CMO) should quarterback efforts to integrate a new lateral into a law firm – and should be held accountable for these efforts.  Lawyers from the interview and due-diligence process, whom the lateral has already met, should also be involved.

“All too often, a new lateral is met with a flurry of publicity – and then left to sink or swim on his or her own,” said Brown.  “I’ve met with unhappy laterals who complained that, in their first year at a new firm, no one even invited them to lunch.  Don’t be that firm!  Integration is an on-going, not a one-time, process.”

The integration team should:

n      Draft a plan based on strategic market goals

n      Make introductions to lawyers with complementary practices

n      Make introductions to practice area leaders

n      Arrange meetings with key internal people

n      Assign a mentor/buddy/coach as appropriate

n      Set regular meetings to review progress

Coach.  A lateral at a new law firm is highly motivated to integrate – and to justify his or her presence by bringing in new work.  This is an ideal time for coaching – either by someone in the marketing department or by an objective third party.

“Build on this motivation by creating action and building good habits right from the start,” said Brown.  “Find out what the lateral wants and what he or she needs in order to be successful.  Then, build a bridge between the two.”

Laterals joining a law firm from a government or in-house legal department often need special attention.  “They’ve never had to find new clients,” said Brown, “and may not know how to do it.  They will tell you, confidentially, that they are scared to death at the prospect of business development.  They really respond to coaching.

Doing a good job with the integration of new laterals can boost the careers of law firm marketing professionals.  “Everyone is watching new laterals to see if they live up to expectations,” said Brown.

“Helping a new lateral succeed raises your status with firm leadership,” said Brown.  “Plus, it is an opportunity to build a close relationship with a lawyer who will become increasingly influential and serve as an evangelist for your services.”

Involvement of marketing in the integration of new laterals is a win/win scenario for both the law firm and the marketing department.

For the complete article:

Mobile laterals present opportunities, challenges for law firms

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Part three of a four-part article:

Law firms are not the only ones exerting more care with lateral acquisitions.  Lawyers, too, are becoming pickier about their choices when they make a lateral move.

“In 2007,” said Brown, “laid-off attorneys were panicked.  They were primarily concerned about finding a new position and paying their bills.  They didn’t take the time to do their research.  As a result, many ended up in firms that were a bad fit.  In the current wave of lateral movement, lawyers are being much more careful.”

Many people think that compensation drives a partner’s decision to make a lateral move.  Although compensation is one factor, it falls far from the top of the list.  According to a Major, Lindsey & Africa study, lawyers are looking for (in this order):

n      Ability to support and expand their practice

n      Culture and reputation

n      Personality style of the partners

n      Financial health

n      Management strength

n      Compensation and compensation structure

When the researchers later asked laterals if their expectations had been met, they discovered that the laterals’ most-important wish – support and expansion of his or her practice – had fallen to the bottom of the list.

“By ignoring the most-important need of new laterals,” said Brown, “acquiring law firms are magnifying the chance that these laterals will remain disgruntled – and continue to look for new opportunities.”

Hildebrandt research supports these results.  A white paper concludes that laterals are looking for law firms that offer a strategic firm vision that clearly includes a plan for their particular area of practice.  They are looking for firms with a platform that supports that vision with one-on-one marketing, business development and coaching support.

For the complete article:

Mobile laterals present opportunities, challenges for law firms

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Part two of a four-part article, Mobile laterals present opportunities, challenges for law firms:

What law firms want

“It costs approximately $1,920,000 to bring on board a lateral partner with a $2 million book of portable business,” said Brown, citing an article by Richard Gary in Law Firm Inc.  An acquiring firm does not break even until the third year.”

“In the 2007 land grab, law firms were gobbling up available lateral partners and practices -- often without proper due diligence,” said Brown.

“In 2010, we see a second wave of lateral acquisitions,” said Brown.  “This time, the acquiring firms have changed from gobblers to picky eaters.  Due diligence has tightened up and the packages being offered are less generous.  Substantial financial incentives are being replaced by loans that will be forgiven if a lateral partner sticks around and lives up to his or her marketplace potential.”

According to a recent NALP Foundation report, law firms consider four factors when deciding whether or not to hire a lateral partner or practice group:

n      Can the lateral develop new business?

n      Can the lateral strengthen a particular practice area?

n      Does the lateral present a possible conflict of interest?

n      Is the lateral a good cultural fit with the firm?

“Considering that 16 percent of laterals hired during the first wave moved again within two years,” said Brown, “finding the right laterals can be a costly proposition. 

“Considering the time, effort and cost that go along with hiring a lateral lawyer or group, you would think that acquiring firms would do everything in their power to help the new lawyer succeed -- but often, they do not,” said Brown.

For the complete article:

Mobile laterals present opportunities, challenges for law firms

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Part one of a four-part article:

Not so long ago, a young lawyer would join a law firm as an associate, advance to partner and stay with that law firm until retirement.  Times have changed.

Today’s lawyers are much more mobile.  If their law firms are not providing the support they need to grow their practices and flourish as professionals, they will look for greener pastures – and keep looking until they find the right place.

Even before the most recent round of layoffs, which further weakened loyalty, lateral moves by partners were trending up – from 2,153 in 2006 to 2,775 in 2009 (American Lawyer magazine).  A second wave of defections is taking place in 2010.

“Savvy law firms with well-thought-out plans are conducting strategic ‘land grabs’ – scooping up entire offices and practice groups from their competitors,” said Craig Brown.  “Mid-tier regional firms, in particular, are gobbling up disgruntled and displaced big-firm talent.”

Brown discussed “what laterals want” at the monthly education program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held Sept. 14 at the Ritz-Carlton Hotel in downtown Denver.

Brown is a lawyer and founder of Motivera (www.motiveragroups.com), a Southern California-based business development consulting firm.  A large part of his practice is helping lawyers use their strengths to build relationships that lead to strong books of business.

For the complete article:

Mobile laterals present opportunities, challenges for law firms

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Recently, I posted my comments on lawyer biographies (profiles) and the emerging concept of lawyer microsites -- a concept I first read about on the Great Jakes blog.

In the July 2010 issue of Strategies:  The Journal of Legal Marketing, author Robert Algeri of Great Jakes Marketing Company elaborates on this intriguing concept.

Algeri states:

According to a 2009 survey of general counsel at major companies performed by the Wicker Park Group, law firm websites played a surprisingly large role in the process of selecting outside counsel.  The survey's revelations include:

-- One hundred pecent of respondents visited a law firm's website when evaluating and purchasing legal services.

-- Ninety percent of respondents said that the attorney bios section is the most important section of a law firm's website -- and the one they visit most.

Algeri continues:

My marketing firm recently ran the traffic data for several law firm websites that we manage.  We found the 56 percent of page views occur in the attorney bios section.  Some major law firms that we have spoken with report that over 70 percent of their traffic occurs in the attorney bios section.  All of which begs the question:  If attorney bios are the most important and most visited section of law firm websites, why do so many firms neglect them?

My regular readers know that I consider most attorney bios to be poorly written and a complete waste of valuable website real estate.  We know that clients and potential clients are going there.  How long will we continue to squander this resource?

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If you care about content marketing, you should subscribe to the Junta42 Content Marketing blog, written by Joe Pulizzi.

In a recent post, "How much should brands pay for content marketing," Joe delves deep into one of my favorite subjects -- how to price content writing services.  True content marketing involves not only individual bits of content, but also the strategy and execution surrounding that content.

Joe's post was inspired by another great content writing blogger, Kate Headen Waddell at Savvy B2B Marketing, who wrote Pay Peanuts, Get Monkeys.

According to Joe, the process of creating content includes:

The marketing plan

The content strategy within the marketing plan

The specific tactics (i.e, a blog) within the content strategy

An editorial plan for the tactic (the managing editor's role)

Base content for the tactic (i.e., a blog post)

Review of the base content (expert review and proofreading)

Distribution of the content through the content management system

Optimization of the content for search engines (on-page and off-page)

Syndication of the content (i.e., through Facebook and Twitter)

Integration of the content (back to the marketing plan and other content and traditional marketing strategies)

Measuring the content (through analytics, conversions, direct/cross sales or other qualitative measures)

Reevaluating the content (based on the feedback about the content through analytics)

When calculating cost, most clients look only at the base content -- not the entire process.

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Last night, master storyteller Ira Glass of This American Life was in Denver  to speak at a fundraiser for Colorado Public Radio.  The Paramount Theater was packed to the (very ornate) rafters with fans of all ages -- from tatooed hipsters through grey-haired grandparents.  The energy was palpable.  He used stories to hold the audience in his hand for two solid hours.

Glass spoke on how to tell a good story -- but also, more importantly, on why to tell a story.  There is no better way to create empathy, and empathy is essential to persuation.  He strongly believes that emotion should be interwoven with the news -- not limited to a humorous or "human interest" segment tagged onto the end of traditional news programming.

Glass also included lots of audio examples to illustrate his points (another good tactic!).

If you get the chance to see Ira Glass in person, take it.  It is worth every cent.  Otherwise, tune into This American Life on your local public radio station or dowload the podcasts.

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Nothing lends third-party credibility like getting one of your articles published in a respected publication -- print or online.

David Freedman, a writer in Chicago, recently published a good article at RainToday.com on "How to leverage bylined articles for business development"."  The article iincludes sections on publication, distribution and Web optimization.

Once you get an article published under your byline, you can expand the readership by:

-- Revising, adapting and updating it for other publications;

-- Repurposing it as a speech, website content or siminar handout; or

-- Expanding it (or aggregating more than one) into a white paper or book.

Freedman recommends posting your article online and submitting a link to a variety of social media -- including social networks like LinkedIn or Facebook, discussion groups and blogs.  He also recommends supercharging syndication by using plug-ins like Digg, Delicious and Share This on the online page where your article is published.

If you do not have strong writing skills, or do not have time to write articles and don't have writing expertise on staff, you can hire a freelance journalist, editor or ghostwriter -- one who has experience in your area of expertise -- to help you compose articles and get them published.

I couldn't have said it better myself!

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A just came across Tom Goldstein's latest video on YouTube -- "The Public Apology of Tom Goldstein" -- which riffs on some very highly publicized recent apologies.  It is hysterical!  The link is to his entire opus on YouTube.  The new video is the fourth one down (but don't pass up on the others if you haven't seen them).

Goldstein puts the lie to what you "can" and "cannot" do to market a legal practice.

Goldstein is co-chair of the Supreme Court practice at Akin Gump.  He is also founder of SCOTUSblog and SCOTUSwiki.  He is a master of the use of social media tools to propel a highly sophisticated legal career (from solo to prominent in a little more than a decade).  I blogged earlier about a report that NBC is considering a TV show based on his career.

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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.

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The good news is, lawyers and law firms seem to be increasingly aware of the value of blogs and other social media when it comes to establishing themselves as thought-leaders within a given legal practice area -- and showing up well in search engine results for these keywords.

The bad news is, many lawyers are having a hard time creating and posting the amount of content they need in order to maximize social media.

As a result, I am getting a lot of requests lately to "ghost-blog" -- requests that go nowhere once the lawyers realize the cost of creating a steady stream of good blog posts.  I counsel these would-be clients that it is almost always more time- and cost-effective for them to write and post their own blog posts.  It is also, in the spirit of social media, much more authenic.

I'm not saying I won't do it if the right project comes along.  I am just saying it won't be cheap.

Think of blog posts as poetry.  Fiction writers like to say that writing novels is hard, writing short stories is harder, and writing poetry is hardest of all.  I think that non-ficture writers would agree that writing books is hard, writing articles is harder, and writing good Web content is hardest of all.

To be a good ghost-blogger you have to be a good writer -- and know how to write for social media sites and search engines.

You have to take the time to know the client in order to "channel" his or her voice and values. 

You have to work with the client to develop a list of topics that will resonate with a target audience. 

You have to take the time to understand the subject matter and industry that the client is targeting. 

You have to create an aggregator to follow experts in these subjects and industries online so that you can comment on and link to their posts in your own posts.

You have to create at least one (and preferably more) posts each week, gain approval from the "author," post the content (including Tweets and social network links announcing new content) and monitor the post for any comments.

That's a lot of work for what might end up being relatively few words.  The traditional formula of charging "by the word" for books and articles falls apart when a writer is asked to come up with an estimate for ghost-blogging.  Lawyers and law firms should not be taken aback.

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Good biographies and profiles are more than a list of credentials.  They can stand alone as persuasive marketing pieces.  Their narrative sections have news value.  They also use compelling case stories and personal quotes to persuade.

I am a big fan of the use of case studies (which I like to call case stories) in online biographies.  In the courtroom, lawyers are great persuaders.  They know that they need to use evidence to prove their cases.  The same is true on an electronic biography.  You can't just say what you do in generic terms; you need to tell stories that illustrate how you actually do what you say you do.

In addition, a case story is a good way to  ndicate not only your skills, but also your values and contributions to the legal system as a professional services provider.

And when it comes to telling stories, the simple listing of a case citation does not cut it in a persuasive application like this.  I have seen countless lawyer  bios that include a long list of such citations -- which make a reader's eyes glaze over and do not tell a persuasive story.

A good case study should not be long and should tell a compelling story about how the lawyer solved a particular kind of legal problem for a client in a particular industry.  Unless the representation is particularly complex, I try to limit the case study to three or four sentences.

When working with a lawyer to write these stories, I seek the answers to the following questions:

1 -- What was the problem giving rise to the legal action?

2 -- What was the solution provided by the lawyer/firm?

3 -- What was the legal result?

4 -- What was the positive business or personal outcome for the client (financially and to reputation)?

Here's an example:

Do universities have a legal obligation to supervise a student’s personal, off-campus recreational activities? In University of Denver v. Whitlock, the Colorado Supreme Court said “no.” When a student who had been jumping on a trampoline at night in his fraternity house was seriously injured, the lower courts awarded a multi-million dollar judgment to the plaintiff. The Colorado Supreme Court reversed this decision and absolved the University of any liability

Obviously, it is essential that a lawyer or law firm achieve, in writing, permission from any client before using the client's name and representation information in any case study.  This is required by both confidentiality and publicity sections of the ABA and state codes of professional responsibility.  Contrary to popular opinion, this is true even if information about a case is already public on a court database or has been covered in the media.  This can be time-consuming -- but the use of actual cases as evidence is very powerful and well-worth the effort.

Failure to get permission can have dire consequences.  Last week, the law firm Quinn Emmanual published the amount of a confidential settlement in in its business litigation newsletter.  Facebook paid the firm's client, ConnectU, tens of millions to settle lawsuits accusing Facebook 's founder of stealing the idea for the successful social networking site.  Within hours, the law firm's snafu has spread far and wide over the Internet.

If you cannot get permission, it is posible to make the case study more generic -- as long as you do not use enough detail that the unwilling client can be identified.  Also, I have used hypothetical stories to demonstrate how a lawyer would approach a type of case -- but these must be clearly disclaimed as hypotheticals.  Getting permission and using names is the better alternative.

It is a good idea to use just three case studies on the main page of a bio.  I encourage my clients to use cases that are recent, newsworthy, and relevant to clients in the areas where they are actively seeking more business.  Others can be accessed via a link to "More cases."

Once they are written, there are many additional uses for these case studies or case stories.  They can appear in a lawyer's bio, but also in the practice area and community services sections of a Web site.  There can be a "case study" section on the site, where all cases are aggregated and searchable.  They can pulled for use in proposals and other marketing materials. They can be posted on outside egal content sites.

Research shows that a compelling story is much more persuasive and memorable to a client, potential client or reporter than any list of credentials.  Be sure to tell stories in your bios.

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The world of journalism has been revitalized by the input of enthusiatic citizen journalists writing for new online media.  This world will never be the same.  However, there are a few "tricks of the traditional trade" that would help these writers improve their posts.  One of these is headline-writing.

Back in the day (I taught journalism for ten years), "how to write a good headline" was part of the curriculum at any j-school.  Headline writers were the poets of the journalism world.  It was their job to condense the gist of of story into a certain number of characters that would fit meaningfully into an allotted amount of print space -- in a way that would attract the attention of the reader. 

The same rules apply to the headlines we write for blog posts and online articles (usually 160 characters) -- and especially posts on Twitter (140 characters)!  Many of these headlines appear in aggregators -- where they are skimmed by readers who make an instantaneous judgment about whether or not to open the headline and read further.  I have more than 100 blogs in my Bloglines aggregator -- which I use as a daily "newspaper" for my work-related news.  I can't tell you how many headlines I skim over each day (rather than opening and reading them) because the headline does not catch my attention as "something I need to know in order to do business."

Generic writing does not work in a headline -- in print or online.  Good headlines should let the reader know why they need to read further.  What is the news or value proposition you are offering in exchange for their time?  Use important nouns (keywords) and active verbs.

Bad:  New law takes effect in 2009

Good:  ADAAA takes effect Jan. 1:  Employers with disabled workers must make changes

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Constant content for the Internet

In the Internet age, clients and potential clients (or reporters or program organizers) will put your name or practice area into a search engine as part of their hiring or decision-making process. The first page of search-engine results equals your professional reputation online -- and determines whether or not you get the call.

Janet Ellen Raasch works closely with professional service providers – especially lawyers, law firms, legal organizations and consultants to the legal industry -- to enhance your online reputation by creating informative, keyword-rich content that appears on the Internet under your own name. She writes in a style carefully crafted to appeal to the Internet reader and attract search engines.

This content can be posted on your own Web site and/or electronic newsletter – and syndicated over the Internet via RSS feed. It can be contributed to the social media Web sites where your clients congregate – blogs, content sites, social networks and wikis. 

Constant copy for print 

A well-written, published article with your name at the top is perceived by clients and potential clients (or reporters or program organizers) as a reputable third-party endorsement of your expertise in a particular subject area.

Janet Ellen Raasch works closely with professional service providers – especially lawyers, law firms, legal organizations and consultants to the legal industry -- to successfully bridge the communications gap that often exists between the jargon and writing style of a professional practice area and the language and style preferred by business and consumer publications and their readers.

Raasch uses her journalism education and experience to help you create interesting, informative articles and white papers that will resonate with publishers and readers. In addition, she writes press releases, client letters, newsletters and the full range of print marketing collateral. Most print copy will also be posted as Internet content – so there is value in working with a writer who works in both media.

Constant marketing context

The writing and publication of content for the Internet and copy for print should take place within a comprehensive marketing and business development agenda. Professional service firms “sell” the expertise of their practitioners -- and good published content and copy provide an example as well as a third-party endorsement of this expertise.

Janet Ellen Raasch is an active member of the Legal Marketing Association – and has participated in this organization as both a consultant and as an in-house marketing director. She is widely published (see "Writing Samples") on subjects at the core of legal marketing. Many of these articles are based on presentations by experts to the LMA Rocky Mountain Chapter.

Because of her dual strengths as an experienced journalist and a professional services marketer, Janet Ellen Raasch can help you create the articles, white papers and marketing collateral that enhance your reputation within an overall marketing context.

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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.

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

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