BUILD YOUR PRACTICE ETHICALLY AND EFFECTIVELY A WEBINAR · 7/26/2016 · Provide a practical road...
Transcript of BUILD YOUR PRACTICE ETHICALLY AND EFFECTIVELY A WEBINAR · 7/26/2016 · Provide a practical road...
BUILD YOUR PRACTICE
ETHICALLY AND
EFFECTIVELY– A WEBINAR
Christine S. Filip, Esq. President, Business Development Partners (Watchung)
Jaimie B. Field, Esq. The-Rain-Maker,A Division of Marketing Field, LLC (Parsippany) Kimberly Rice KLA Marketing Associates (Cherry Hill)
WETH02016
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Build Your Practice Ethically and EffectivelyJuly 26, 2016
Speakers Today:Kimberly A. RiceJaimie B. Field, Esq.
Moderator: Christine S. Filip, Esq. President, Business Development PartnersCo-Chair, LOMC
1. Provide a practical road map to build your practice ethically and efficiently. Business development is a learnable science.
2. Our speakers today are highly qualified to help you1. Kimberly A. Rice, Principal, KLA Marketing Associates2. Jaimie B. Field, Esq., Principal, The‐Rain‐Maker3. Moderator, Christine S. Filip, Esq., Co‐Chair of the Law
Office Management Committee, President, Business Development Partners
Our Mission Today
1. Even in an over crowded market in which demand is notbrisk. Here are the opportunity gaps:
a. Law school grads start earlier with better toolsb. Boomer gap: a. 65% of law firms’ equity partners will transition into retirement in
the next 10 years, if not sooner;b. 63% of equity partners aged 60 or older control one quarter of
total firm revenue; only 31% of firms have a formal succession plan
c. Unreliable demand: clients willing to switch
Enormous Opportunity for Smart Business Developers
1. Business Development, a/k/a Marketing or Rainmaking is valid, probabilistic process you can learn and practice. Order of priority:
a. Network to build a referral base: join groups: networkers make more money http://on.wsj.com/2arD2jE
b. Speak to establish thought leadershipc. Publish to expand your audienced. Read intelligently about business and economics – the law
profession “bus” rolls on economics based wheels: a. WSJ, esp., Real Time Economic News…local
Enormous Opportunity for Smart Business Developers….
• Three Global Issues1. Everything you say and do regarding representing your practice, yourself
and your firm in anymedium is a communication under the RPCs;2. “Advertising” includes all communications of a lawyer about the lawyer,
the lawyer’s services, or the law firm; 7.1 (a); 3. “A lawyer shall not make false or misleading communications about the lawyer, the lawyer’s services, or any matter in which the lawyer has or seeks a professional involvement;” RPC 7.1 (a)*A communication is considered misleading if it omits a necessary fact(emphasis added).
Ethics Telephone Research Hotline ATTORNEYS ONLY 609‐292‐0694
NO LEGAL EFFECT BY CALLING
The RPCs Regulate Lawyer Marketing
Building a Prosperous Practice by
Effectively Networking
Presenter:
Kimberly Alford RicePresident/Chief StrategistKLA Marketing Associates July 26, 2016
About Kimberly Alford Rice• Principal/Chief Strategist, KLA Marketing
Associates• Founder, Women in Law Rainmaker
Forum• Nationally renowned keynote speaker and
author on business-building strategies; business development/sales skills;
• Champion advisor to women lawyers committed to pushing through legal services glass ceilings
• Editor-in-Chief, ALM’s Marketing the Law Firm
• ALM Market Services Expert• Mommy to 2 furry friends
Networking, Really?
• Developing productive networking mindset
• Give to get – engage Law of Attraction
• Continuously connect with AND for others
First Impressions: You Had Me at Hello
• Power of professional presence• Non-verbal communication – what are you
really saying• One opportunity to make it ‘the best’
Networking in the Moment: Best Practices
1. Think and behave like a journalist.
2. Turn off channel “What’s In It For Me”.
3. Be interested rather than interesting.
4. Sharpen active listening skills..
Leverage Relationship Builder
• Develop discipline to “toot your own horn” – how?
• Consistently expand your network – how?
• Continuously connect with others AND for others?
Develop Marketing Mindset
• Be proactive to recognize opps – for you andyour network
• Networking is not an event – but lifestyle
• Controlling outcome of opportunity
Ditch the Pitch
• The 55/45 Rule• Engage with open-ended questions• Practice languaging – examples
Now, the Heavy Lifting
• Create easy Follow-Up Plan• Schedule in calendar w/i 48 hours of initial meeting• Prepare for success – memory jogs• Practice languaging – examples• Be yourself
The Secret Sauce
Consistent, persistent massive amounts of action over a prolonged period of time
Sowing and Reaping
THANK YOUQ&A
Kimberly [email protected]@rice_kimberly609.458.0415
Please record this code for your MCLE forms:succeed@72616
There Is No One, Perfect Way To Make Rain For Your Law Firm
Find What Works For You and Do It Consistently & Constantly
I Don’t Have Time
200 Billable Hours/Per Year = 40 Hours/Week (For a 50 Week Year)
Or a Total of 160 Hours of Billable Time Per Month
I Don’t Have Time
On Average There are 20 Business Days Per Month
20 Business Days X 24 Hours/Day 480 Hours
480 Hours – 160 Hours (8 Hours of Sleep/Night for 20 Nights)
320 Hours – 160 Billable Hours
320 Hours Left
160 Hours
160 HOURS!
There Is No One, Perfect Way To Make Rain For Your Law Firm
Rainmaking = Relationships
Fish Where the Fish Are!
A) Know Your Ideal Clients
B) Know Where Your Ideal Clients Congregate
Myriad of Ways to Create Rain
Which Tactics Do You Choose?
• Social Media Networking Allows You to Meet Almost Anyone In the World and Create A Relationship with Them Virtually
• Blogging, Vlogging, Webinars & Live Broadcasting allows you to showcase your knowledge = you create relationships with those who comment
• Referral Marketing Programs allows you create relationships by helping others get what they want ‐ In return, they will help you get what you want
Which Tactic Do You Choose?
• Association Networking allows you to create relationships with your Ideal Clients.
• Referral Groups are specifically designed to promote referrals amongst and between the members
• Attorney Networks allow You To create relationships with other attorneys who do not compete for the type of work you do.
• Email Marketing & Newsletters allow you to keep yourself top of mind with potential clients, current clients and referral sources so that the relationship is continually nurtured
Which Tactics Do You Choose?
The Ones That You Will Do Consistently & Constantly
160 Hours Per Month15 Minutes:• Make a phone call to a client or former client. • Email an article or blog post to five contacts with a
personal note.• Use the Linked In’s “Ways to Keep In Touch Feature” and
make sincere comments to your connections• Find and follow 10 clients on Twitter.• Find and follow 10 leaders in your niche
30 minutes or so:• Meet a client or referral source for coffee.• Review your matter list for the past couple years. Make a list
of clients you can call when you have only 15 minutes or less.
• Create a list of referral sources whom you could meet • Review the Twitter/Blog posts from your clients, industry
leaders, or competitors. Forward and retweet relevant ones to your networks.
1 hour or so:• Write a blog post of a recent decision, or something hot in
the news.• Attend, or lead, a webinar.• Review and edit your bio or Linked In Profile taking into
account SEO and your client (their industry, their business problems, your legal solutions).
• Start working on your holiday cards. Don’t send the firm’s card. Send you own, with a personal note.
2 hours or so:• Research a byline piece for an industry journal or trade
publication.• Take a client, referral source, or influencer out to lunch.• Attend a local industry networking or educational event.• Participate in a local industry association • Edit an article you are preparing for a local industry or trade
publication.• Prepare slides and materials for an upcoming webinar or
CLE.3 hours or so:• Drive out and visit a client.• Take a client to a game or show.• Write and post a blog. • Finish writing articles for industry and trade magazines
DO NOT VIOLATE THE ETHICS RULES!
The-Rain-Maker
RPC 1.18 Prospective Clients
RPC 1.18 –d) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a “prospective client,” and if no client-lawyer relationship is formed, is a “former prospective client.”
The-Rain-Maker
RPC 1.18 Prospective Clients
• Avoid discussing legal matters at networking events or online.
• Herbert v. Haytaian 292 N.J. Super, 435‐436 (App. Div. 1996) The court found that under some circumstances, preliminary consultations may be substantial enough to form the basis of an attorney‐client relationship, even if the attorney is not actually retained to perform any further services.
• Procanik by Procanick v. Cillo 226 N.J. Super. 132, 146 (App. Div.), certif. den. 113 N.J. 357 (1988) ‐ “’threshold communications’ between a lawyer and a prospective client may impose certain duties and responsibilities on the attorney even if no legal representation emerges . . .”
The-Rain-Maker
RPC1.6 Confidentiality of Information
RPC 1.6 –a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation . .
The-Rain-Maker
RPC1.6 Confidentiality of Information
Reardon V. Marlayne, Inc., 83 N.J.460, 470 (1980) – “The ethicalobligations of every attorney topreserve confidences and secretsof a client is basic to the legitimatepractice of law.”
Kristine Anne Peshak - Illinois Assistant Public Defender - was disciplined under Illinois Rule 1.6 (exactly the same as New Jersey’s) for revealing confidences on her blog
The-Rain-Maker
RPC 1.7 Conflict of Interest – General Rule
RPC 1.7 – General Rulea) . . . a lawyer shall not represent a
client if the representation involves a concurrent conflict of interest. A conconcurrent conflict of interest exists if:
2) there is a significant risk that the representation o one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client, or third person or by a personal interest of the lawyer. (italics added)
The-Rain-Maker
RPC 1.7 Conflict of Interest – General Rule
Positional conflict - That is, when a decision favoring one client would likely create a precedent which would likely weaken the position the lawyer takes on behalf of another client.
Be Wary of Opinions on Your Blog
The-Rain-Maker
RPC 1.9 Duties to Former Clients
RPC 1.9c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
2) reveal information relating the representation except as these Rules would permit or require with respect to a client.
The-Rain-Maker
RPC 1.9 Duties to Former Clients
• Do not disclose information about former clients in a networking situation
• Do not disclose information about former clients in a blogging situation, unless such information is common or public knowledge
The-Rain-Maker
RPC 5.5 Lawful Practice of Law
RPC 5.5a) A Lawyer shall not:1) Practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.
The-Rain-Maker
RPC 5.5 Lawful Practice of Law
• Are you licensed in all 50 states?
• Be aware that your posts, tweets, blogs can be read by people from across the world
• However, it’s not the posts, tweets and blogs, but the interaction with people from outside of your jurisdiction that could create the issue
The-Rain-Maker
RPC 3.6 Trial Publicity
RPC 3.6a) A Lawyer who is participating or has
participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
The-Rain-Maker
RPC 3.6 Trial Publicity
• In our 24 hour need for information, more and more journalists are seeking stories.
• As jurors in cases, both civil and criminal, go home and use the internet, there is a risk for mistrial if lawyers who are participating in a case are blogging or tweeting about their case.
The-Rain-Maker
RPC 7.1 Communications Concerning a Lawyers Service
RPC 7.1a) A Lawyer shall not make false
or misleading communications about the lawyer, the lawyers services, or any matter in which the lawyer has or seeks professional involvement. . . .
The-Rain-Maker
RPC 7.1 Communications Concerning a Lawyers Service
• Contains a material misrepresentation of fact or law, or omits a fact . ..
• Is likely to create an unjustified expectation about the results the lawyer can achieve
• Compares the lawyers’ services to other lawyers’ services
• Relates to legal fees (with exceptions)
The-Rain-Maker
RPC 7.2 Advertising
RPC 7.2a) Subject to the requirements of
RPC 7.1, a lawyer may advertise services thought public media, such as a telephone directory, legal directory, newspaper or other periodical, radio or television, internet or other electronic media or though mailed written communications. All advertisements shall be predominantly informational. . . .
The-Rain-Maker
RPC 7.2 Advertising
No drawings, animations, dramatizations, music or lyrics shall be used in connection with televised advertising No techniques to obtain attention that depends upon absurdity and is irrelevant to the selection of counsel A copy of all recorded or written communications must be kept for 3 years along with the record of where and when it was used
All advertisements must include the contact information for the attorney or law firm
The-Rain-Maker
RPC 7.3 Personal Contact With Prospective Clients
RPC 7.3a) A lawyer may initial personal
contact with a prospective attorney or the purpose of obtaining professional employment
The-Rain-Maker
RPC 7.3 Personal Contact With Prospective Clients
• You cannot contact a prospective client if:
• You know that the physical, emotional or mental state of the person is such that the person is not exercising reasonable judgment
• You have been asked not to send any communications
• It involves unsolicited direct contact within 30 days of a specific mass disaster
• Not by Email
The-Rain-Maker
RPC 7.3 Personal Contact With Prospective Clients
• Rules for unsolicited contact with prospective clients:
• You must include the word “ADVERTISEMENT” in a font at least two sizes larger than the largest size used in the body of the letter
• You must have the word “ADVERTISMENT” on the envelope
• You must have appropriate language disclaimers:• “Before making your choice of attorney, you should give this matter
careful thought. The selection of an attorney is an important decision.”; and
• It must contain a notice that the recipient can report any misleading or inaccurate advertising to the Committee on Attorney Advertising
The-Rain-Maker
RPC 7.4 Communication of Fields of Practice and Certification
RPC 7.4a) A lawyer may communicate the fact that they
lawyer does or does not practice in particular fields of law. A lawyer may not, however, state or imply that the lawyer has been recognized or certified as a specialist in a particular field except as provided (in the rules)
The-Rain-Maker
RPC 7.5 Firm Names and Letterheads
From the Collection of Joseph Gunn /Letterhead
used by Ivan Reitman (1988) as he directed and produced Ghostbusters II
• You can use a “trade name” provided that you include the name of at least one managing member attorney and it is not false and misleading under 7.1
There Is No One, Perfect Way To Make Rain For Your Law Firm
Find What Works For You and Do It Consistently & Constantly
The-Rain-Maker
Tel: 201-264-6040 - www.the-rain-maker.com (coming soon) – [email protected]
© 2016 Marketing Field, LLC
Who I Am
Jaimie B. Field, Esq.The-Rain-Maker
I believe that every Attorney can become a Rainmaker becauseRainmakers Are Not Born, They Are Taught sm
Training Seminars
Workshops
Group Coaching
One-on-One Training
Law Firm Retreat Keynote Addresses
New Jersey Law Journal’s “Best of 2015”:* #1 ‐ Best Lawyer/Law Firm Business Development Coaching, and * #1 ‐ Best Law Firm Marketing Consultant
The webinar has ended.
The program handbook, relevant CLE forms and additional materials for this program can be accessed at:
http://tcms.njsba.com/personifyebusiness/njicle/WebinarInformation.aspx
Please hang up your telephone now.
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Profile of Christine S. Filip, Esq., President Business Development Partners
97 Anderson Rd., Watchung, NJ 07069
T: 908.279.7956; C: 917.733.5302; SKYPE: chris.filip @christine_filip
I am a seasoned leader, business developer and competitive strategist for
professional services firms and B2B companies, as well as not for profit
organizations. My firm’s work improves the multi-stakeholder drivers of
profitability in operating departments and enterprise wide, including the
dynamic interplay of Corporate Social Responsibility and Corporate Financial
Performance. We help firms gain clients and supporters by making
sophisticated services and causes easy to understand in these areas:
• Strategy: Make business generation and client and supporter loyalty
everyone’s business with coherent, inclusive strategic, competitive and
communication strategies;
• Financial Improvement via Business Development: Improve business
development, sales and marketing strategy and financial performance
using return on investment analyses through coaching of departments
and individuals to execute financial and partnering goals affecting the
revenue, gross margin lines;
• Personal Performance: Train executives for sophisticated self-presentation
and negotiation skills in the face of cultural, linguistic, generational, and
stylistic obstacles in face to face, video and social media environments;
• Leadership and Media Savvy: Enhance executive leadership by acquiring
significant speaking engagements; create and host thought leadership
conferences; draft and place articles, news and press releases; interact with
the media to gain expert commentary by in major media venues and social
media;
• Representation of Corporate Citizenship to the World by Design: Craft
superlative websites, unique marketing and sales collaterals for enhanced
SEO and social media penetration to target markets, always with a focus
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on the link between Corporate Social Responsibility and Financial Performance. I
helped establish, with Raymond M. Brown, Esq., the Corporate Human Rights Due
Diligence Practice at Greenbaum, Rowe, Smith & Davis LLP in 2010. In my firm, I
assist clients with the implementation or reframing of corporate social
responsibility.
I have been a media commentator, author of over 200 articles, a book, and speaker for
professional and business associations for over 25 years on all facets of business
development, public relations, pricing, media relationships, social media and
negotiations. I have been a professional journalist since 1988. In 2000
I was awarded the SBA Service Award by SCORE NYC, for developing and
delivering marketing seminars for small business owners in all five boroughs.
I began my career with IBM in sales, was a member of the Hundred Percent Club,
and I left corporate life as the first and only female General Manager of Savin
Corporation's New York Division, a fully functional business entity of 400+
employees with responsibility for all facets of management. In that post, I turned
around my branches from a loss to producing $50M per year.
In between IBM and Savin, I worked as a neuropsychological examiner at Tufts
New England Medical Center, testing adults and children and then representing
children for supplemental educational services under MA Chapter 766. During this
position I started law school at night.
In my law practice I represented authors in contract negotiations with publishers
and business owners in commercial transactions.
Before corporate life, I was a professional tennis teacher and coach. I taught all age
groups, and as the Women’s Varsity Coach, I led Gill St. Bernard’s team to an
undefeated season. I am an avid weight lifter, rower, tennis player, cross trainer and
grandmother.
Education University of Rhode Island, B.A., magna cum laude
E. New Mexico University, M.Ed., Renaissance Spanish Literature, English
Suffolk University Law School, J.D., admitted MA in 1982
Speaking Engagements & Appointments
• May 2016: “What You Say and How You Say It Influences Your Career”, for
Practicing Law Institute and Ivy Exec, a seminar addressing obstacles to effective communication (accents, cross cultural issues, multigenerational
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language differences), strategic leadership and negotiation skills;
• March 2016: “Leadership for Professionals”, NJSBA Solo and Small Firm Conference;
• October 2015: “Change Your Voice. Change Your Fortune!” at the Garden
State Human Resources Managers Annual Conference. Co-speaker with
Sharlene Vichness, this seminar addressed minimizing communication and vocal style differences and using one’s enhanced vocal presence in business negotiations and leadership skills;
• July 2015: Founder and moderator at “NJ Rainmaker Now!”, sponsored by NJSBA
for lawyers and CPAs in three locations;
• April 2015: Keynote, “A Master Class in Competitive Positioning”, AIA/NYC;
• December 2014: “Start Your Own Design Firm” at Zetlin & DeChiara
LLP, NYC for architects, engineers and designers;
• October 2014 to the present: Founder and Moderator of NJSBA’s Rainmaker College;
• May 2014, NJSBA Annual Conference: Moderator, “Marketing and Ethics”;
“Thinking On Your Feet©: Using Improv to Enhance Persuasion and
Presentation Skills In and Out of the Courtroom”;
• May 10, 2014, NJ Professional Services Marketing Group, “Evolve or Be
Yesterday’s News,” addressing competitive differentiation, social media to
sales, and pricing;
• April 10, 2014, Newark Regional Business Partnership, “Build Your
Business! Driving Marketing Into Sales,” ;
• March 5, 2014, Keynote, NYSBA Marketing Conference, NYC, “Pricing & The
Future of Law Firm Profitability”;
• December 2013, Appointed by the NJ Supreme Court to the Committee on
Law Firm Trade Names;
• August 2013: Founder of the NJSBA Business Developers Forum: “Establishing
a ROI Paradigm for Business Developers”;
• May 2013, NJSBA Annual Conference, “Ethical Business
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Development and Search Engine Optimization,”; “Marketing and Ethics”;
• February 2013, NJSBA Newly Admitted Lawyers Conference,
“Building a Successful Practice”;
• August 2012, NJSBA Technology Conference, Law Office Management
Committee Co-Chair, Speaker and Panel Moderator for “Ethics and
Marketing” with Carol Johnston, Esq. NJ OAE and Raymond M. Brown, Esq.,
Greenbaum Rowe Smith & Davis LLP;
• June 6, 2012, NJ Law Journal Conference: The New Partner Forum, Faculty
and Moderator, “The Career Arc: How Your Approach to Your Practice
Changes Over Time,”; www.njlj.com/newpartners;
• May 2012, NJ State Bar Association Annual Conference, Borgata Hotel,
3:30 p.m., “Master Class in Marketing: The Experts Speak”; “Social
Media”; “Marketing and Ethics”;
• April 2012, Rutgers Business School, Newark, Bove Auditorium: “Mastering
the Universe: Gender Equality and Leadership for Women MBAs”;
Affiliations NJ State Bar Association, Co-Chair Law Office Management Committee;
member, Lawyers in Transition Committee Former member, American Bar Association, Law Practice Management Section Member, Executive Women of New Jersey; Member, Corporate Boards
Committee, which runs the “Seat at the Table” Annual Conference and helps
women to be placed on the Boards of Directors of public companies;
Former Member, Association of Legal Administrators/NJ Chapter; Newsletter Committee
Advisory Board, Rutgers MBA Women in Business, Rutgers Business School, NJ Former Boards of Director memberships:
- Massachusetts First Feminist Federal Credit Union - Wider Opportunities for Women, Boston, MA
Former member, Small Firm Management Committee, Association of the Bar of the City of New York
Former Chair, Publicity Committee of the New Haven Bar Association Former Adjunct Professorships:
- Industrial Marketing, Marketing Management at Boston University’s
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MBA program
- Marketing at NYU’s Graduate School for Professional Studies
- Social Cause Marketing, Gray Marketing and Brands at the University of
Rhode Island
- Marketing, Branding and Channel Development at FIT’s federally
funded Program for Women Business Owners
Kimberly Rice, President/Chief Strategist, KLM Marketing Associates
For over two decades, Kimberly Rice has been providing strategic marketing and business
development services to help lawyers generate greater revenue with higher quality clients.
Through strategic marketing planning and focused business development skills training and
coaching programs, Kimberly collaborates with law firms and individual lawyers to guide
and assist them in building, growing, and sustaining a healthy client base. One of her
particular strengths is educating lawyers on the practicalities of how to exceed clients’
expectations and increase revenues.
For over 18 years, Kimberly served on and for senior management teams with several
corporate law firms in the metro Philadelphia area where she led firm-wide strategic
marketing programs to effectuate positive change within the firm as well as to drive a
positive culture change to illuminate the marketing imperative as a growing business model.
Sometimes serving as a virtual marketing director, Kimberly has built comprehensive,
integrated communication programs to produce measurable response and results for her
professional services clients.
She effectively works with all levels of an organization to bring an institutional awareness
and understanding of strategic business development, marketing, and client service
principals to enhance the efficacy of a firm’s operations, increase clients’ satisfaction, and
generate greater revenue.
Bringing decades of experience as a legal marketer, strategist, organizational development
specialist, project manager, and entrepreneur to bear on behalf of her clients, Kimberly
provides practical solutions for lawyers’ most challenging business development issues.
Among her professional activities, Kimberly serves as Editor-in-Chief of ALM’s
national Marketing the Law Firm monthly publication; is a member of the international Legal
Marketing Association and serves on the Board of Directors of its Metro Philadelphia
chapter. She is a member of the ABA and its Law Practice Management Section as well as
the Delaware Valley Law Firm Marketing Group.
In addition, Kimberly is a member of the Philadelphia Bar Association (Law Practice
Management Section) and is former Chair of Camden County Bar Association’s Law
Practice Management Committee. In other business activities, Kimberly is a member of the
Camden County Regional Chamber of Commerce and eWomen Network.
She is a frequent author and speaker to business, legal and community groups on a wide
array of professional services marketing-related topics. In her “off” hours, Kimberly enjoys
traveling, gardening, cooking and spending time with her family and their furry felines.