LMA Sample

Strategies 07.09V11.N06

The Journal of Legal Marketing

You’re So Vain, LawyerDeveloping Your Leadership SkillsPR that Impacts the Bottom Line

Do You TrustYour Clients?

LegalMarketingAssociation1926WaukeganRoad,Suite1Glenview,IL60025-1700

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Strategies 07.09V11.N06

The Journal of Legal Marketing

CONTENTS

ART I C L E S

Amy I. StickelTrust –Another Casualty of the Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4As the economy continues to stagger, businesses and law firms alike are struggling and laying off huge numbersof workers. But being in the same boat doesn’t mean lawyers and clients are looking out for one another.

Dave PostonAre Your Public Relations Efforts Contributing to the Bottom Line? . . . . . . . . . . . . . . 6Looking for more ways to tie PR to business development? Here are four tips to do just that.

Martha Carnahan & Jodie CharlopMarketer as Leader: Step Up to Leadership! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Buried in day-to-day work, it’s hard for most legal marketers to break out and develop true leadership skills.With the right commitment and focus, it can happen.

Silvia CoulterSales Training for Legal Marketers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10“Sales” was once a word that wasn’t whispered in the hallowed halls of law firms. Now, it’s often a criticalpart of the legal marketer’s role.

Jonathan Groner & Liz LindleyWhy Content Matters on Your Web Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12In a Twitter-obsessed, viral-media environment, it’s easier to focus on the firm’sWeb site visuals. But gettingthe words right still matters.

William DollThe Vanity Distortion in Law Firm Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Some attorneys are so vain they probably think this article is about them.And they’re right.

Louis C.AbramovitzInformation Wants to Be Free (Well, Sort of…) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Even in these budget-conscious times, it’s easy to gravitate to expensive, pay-per-useWeb sites for researchand marketing needs. But there are still many excellent, free resources that disprove the notion that you getwhat you pay for.

F E ATUR E S

President’s Podium, Jennifer Manton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2About This Issue, Dave Poston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Dicta: Marketers on the Move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20You’re Invited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Ask the Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Event Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Message from the Editors, Jeff Scalzi & Jennifer Smuts . . . . . . . . . . . . . . . . . . . . . . . . . 24

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2 | Strategies: The Journal of Legal Marketing, July 2009,V11.N06

Editorial BoardCo-Executive Editors

Jeff ScalziFoley Hoag LLPBoston, Mass.

Jennifer SmutsConnolly Bove Lodge & Hutz LLP

Wilmington, Del.

Editorial Board MembersCarol AlfredInsideCounsel

Washington, D.C.

Stephen BurkeMintz, Levin, Cohn, Ferris, Glovsky

and Popeo P.C.Boston, Mass.

Marguerite G. DowneyAdduci, Mastriani & Schaumberg LLP

Washington, D.C.

Diane HamlinHamlin Strategy Group

Belmont, Calif.

Brian HickeyCJP Communications

NewYork, N.Y.

Silvia HodgesEmerson CollegeBoston, Mass.

Melissa HoffMBH StrategiesKirkland,Wash.

L. Russell Lawson IIISands Anderson Marks & Miller

Richmond,Va.

Deborah McMurrayContent PilotDallas,Texas

Leesa PetrieFenwick &West LLPMountainView, Calif.

Dave PostonPoston Communications

Atlanta, Ga.

Mark UsellisDavisWright Tremaine LLP

Seattle,Wash.

Managing EditorAmy I. StickelChicago, Ill.

Art Director/Graphic DesignerAnthony Iacuzzi

Wilmette, Ill.

As legal marketing professionals, sometimes we make small stepsforward– at other times, giant leaps. But when it comes to our LMAcolleagues in Vancouver, B.C, moving mountains is the description thatI think fits best, while epitomizing the leadership that LMA can takenot only in our profession, but in the legal industry as a whole.

The LMAVancouver Chapter, like many of the attorneys and law firmsthat its members represent, maintained that some of the marketing rulesestablished by the Law Society of British Columbia (the equivalent ofstate bar associations in the United States) were outdated. Some rules,they said, were particularly harsh – specifically, the one requiring that allmarketing be “true and verifiable.”When technically applied, that meantno subjective client testimonials and no rankings quotes.

The Law Society realized its rules were antiquated, so it was turning ablind eye to the myriad of little marketing indiscretions that wereoccurring. Meanwhile, it was awkward for any lawyer or law firm tochallenge the rules directly to institute change, because they might drawattention to their own thwarting of those rules.

I know first-hand as a law firm CMO how difficult these circumstanceswere for our colleagues in Vancouver. After all, as law firm marketingprofessionals, they still had to walk a fine line between doing their joband staying within the law. However, after many conversations,Vancou-ver Chapter members determined that they were actually well-posi-tioned to serve as an advocate for the profession. After all, LMA was a“neutral third party” that could initiate the request without subjectingany individuals or law firms to unwanted scrutiny.

Armed with LMA International’s position statement template, thechapter created and submitted a powerful argument for change. Thestatement they prepared pointed out the evolution of technology and itsimpact on legal advertising. It explained how the proliferation of direc-tories using endorsements actually helped the public make informeddecisions. It mentioned that virtually all industries use endorsements formarketing purposes. It summed up the situation by saying that the “trainhas not only left the station, it is leaving by the hour” and tactfullypointed out that the Law Society’s current rules were actually limitingaccess to consumer information rather than protecting consumers.

“We risk appearing dated and even irrelevant if we insist on adhering toa policy that is no longer followed by our own or any other professionin this day and age,” they wrote.

Our LMA colleagues weren’t expecting much of a response. After all,the Law Society had never before accepted input from non-members,much less non-lawyers. However, change was in the air.

Not only did they get a response, they received an invitation to meetand discuss their recommendations with the Law Society’s Ethics Com-mittee! The meeting went well...so well, in fact, they were invited back

PRESIDENT’S PODIUM

Members Move Mountainsin British Columbia

by Jennifer Manton, LMA President

StrategiesThe Journal of Legal Marketing

Continued on page 11


Strategies: The Journal of Legal Marketing, July 2009,V11.N06 | 3

LMA Board of DirectorsPresident Jennifer Manton

Loeb & Loeb LLPNewYork, N.Y.

Immediate Past President Lisa M. SimonBrownstein Hyatt FarberSchreck, LLPDenver, Colo.

President-Elect Nathan DarlingVan Ness FeldmanWashington, D.C.

Secretary Leesa PetrieFenwick &West LLPMountainView, Calif.

Treasurer Jeff ReadeCole Valley SoftwareCoeur D’Alene, Idaho

Treasurer-Elect Alycia SutorAkina CorporationOak Park, Ill.

Members-at-Large Mark BeeseLeadership for LawyersEvergreen, Colo.

Audra CallananRobinson & Cole LLPBoston, Mass.

Adam SeversonMinneapolis, Minn.

Jasmine Trillos-DecarieGoodwin Procter LLPBoston, Mass.

Judith WeingarzThe Interlex GroupChicago, Ill.

Chapter President’s Jennifer JohnsonCommittee LiaisonWisnik Career Enterprises, Inc.New York, N.Y.

Executive Director Betsi RoachLMA, Glenview, Ill.

The Legal Marketing Association (LMA) is a not-for-profitprofessional association serving the needs and maintainingthe standards of those involved in marketing for the legalprofession. Advertisements are not an endorsement by theLegal Marketing Association.

Strategies (ISSN 1099-0127) is published monthly withcombined issues in May/June and November/ Decemberfor $45 by the Legal Marketing Association, 1926Waukegan Road, Suite 1, Glenview, IL 60025-1770,www.legalmarketing.org. Periodical postage paid atGlenview, Ill., and additional offices. Postmaster: Sendaddress changes to Strategies, c/o LMA, 1926 WaukeganRoad, Suite 1, Glenview, IL 60025-1770.Strategies is distributed to LMA members as a professionaldevelopment tool for those involved in law firmmarketing. In addition, it is distributed to others whosupport and write about this industry. The annualsubscription fee is included in LMA members’ dues.Theviews expressed herein are not necessarily those of LMA.Strategies is copyright protected and is not to be reproducedin any form without written permission from the LegalMarketing Association. Article reprints are available bycalling RossWeber at LMA at 888.562.9494 (USA&Canadaonly) or 847.657.6700, ext. 3019. An additional fee will becharged for this service.

© 2009 Legal Marketing Association

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ABOUT THIS ISSUE

The Qualities That Matter

by Dave Poston, Issue Editor

Association of Legal Administrators www.alanet.org/move . . . . . . . . . . . . . . 7Hubbard One (312) 873-6881 . . . . . . . . . . . . . . . . . . . . . . . . inside back coverincisivemedia: Corporate Counsel (212) 545-5987 . . . . . . . . . . . . . back coverInsideCounsel (312) 654-3500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13LexisNexis (800) 659-8505 . . . . . . . . . . . . . . . . . . . . . . . . . . inside front coverSchmidt Marketing (651) 222-6102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Find out how your company can benefit from advertising in Strategies.Contact Betsi Roach, [email protected],

888/562-9494 (Toll-free, USA & Canada only) or 847/657-6717.

In these difficult times, many people are going back to basicsand focusing on what really matters.With this issue of Strategies,we try to focus on getting back to the things that are important: trust,leadership, value, investing in yourself, honing in on substance andnot just style, and never shying away from a challenge.In our cover article and the Message from the Editors, Co-executiveeditors Jeff Scalzi and Jennifer Smuts and Managing Editor AmyStickel look at trust. Do we have the trust of clients? Do we trust ourclients? And do we trust too much, or not enough?

Martha Carnahan and Jodie Charlop explore the challenges of lead-ership, and how legal marketers can break out of their day-to-dayroutines and develop those skills that law firms particularly need inthese times. Silvia Coulter’s article looks at the role of sales andoffers tips for legal marketers on investing in that skill set.

Bill Doll looks back at a century of lawyerly vanity, and finds thatit’s not all bad – but too much of it can derail truly effectivemarketing plans.

Our LMA President Jennifer Manton describes how our colleaguesin Vancouver saw a challenge that may have scared others off.Instead, these legal marketers willingly challenged old rules thatinhibited our profession, and came out victorious.

In this issue, we also offer tips on improving the content, and notjust the appearance, of the firm’sWeb site, along with some extreme-ly useful free or low cost Web site resources.

As we head into the summer, many of us are looking for a silver lin-ing to the economy and the difficulties that are affecting our depart-ments, our firms and our colleagues. Hopefully, the articles in thisissue will help inspire you to get back to basics and remember whatreally matters. ■

Dave Poston, Esq., is president of Poston Communications LLC. He can bereached at 404/607-7306 or [email protected].



Trust (noun): A: assured reliance on the character,ability, strength, or truth of someone or somethingB: one in which confidence is placed.

— Merriam-Webster

Trust may be a highly valued virtue, but it is a slip-pery one to gauge. That is particularly true when itcomes to the trust levels between law firms and theircorporate clients.

Of course, relationships between in-house counsel andtheir law firms have not always been a shining beacon ofclear communication and striving towards mutual goals.As one example, in July 2006,“InsideCounsel”magazinereported that 42 percent of in-house counsel surveyedfor the 17th Annual Survey of General Counsel agreedthat law firms pad their bills. On the law firm side, only16 percent of firms agreed that they pad their bills.

Nonetheless, many observers think that the trustbetween law firms and organizations is flounderingeven more than it has in the past, as the economy hascratered. In an environment where businesses and lawfirms are wracked by plummeting revenue andwrenching layoffs, there should be common groundbetween lawyers and clients. But that does not seem tobe the case, according to Charles H. Green, founderand CEO of Trusted Advisor Associates. “I don’t seemuch empathy on behalf of clients,” he says. “There’salways been a town and gown relationship between lawfirms and in-house counsel, and that attitude is bleed-ing through.”

This type of feeling could be part of a broader trend, astrust with the business environment in general seems to

be fraying. According to the 10th Edelman TrustBarometer, which was released earlier this year, nearlytwo-thirds of those with college educations and highincomes reported that they trust corporations less thanthey did a year ago.When U.S. respondents were askedabout trust in business in general, only 38 percent saidthey trust business to do what is right, which representsa 20 percent decrease from 2008. According to Edel-

man, this is a lower level of trust than those in thewakes of Enron, the dot-com bust and 9/11.

In June, “The New York Times” published an articleabout the difficulties of several well-known corporatelaw firms in Manhattan (see sidebar: “When the GreatGray Lady Meets White-Shoe Law Firms.”) Green sayshe was startled by the vitriol in some of the onlinecomments that readers posted after the story was pub-lished. “What struck me was the level and magnitudeof vituperation,” he says. “The rate structure is underattack, and clients are seeing that. They are like sharksto blood in the water.”

Right now, much of the conversation is being drivenby fees, agrees marketing coach Robert Moment. “Allthe law firms are faced with is lowering fees,” he says.

While it’s hard to gain a sense on whether trust levelshave truly changed, the relationships between law firmsand clients–and within law firms–certainly requiresmore attention, says Alycia Sutor, a partner with AkinaCorp.“The need to focus on trust internally and exter-nally is greater than ever,” she says. Fortunately, lawfirm marketers are positioned to fill that void. “Thegood news is that now, law firms have the opportunityto increase trust, reliability and the ability to stand out,”says Sutor. “This is a great moment of opportunity foreverybody to use in this moment of stress.”

Improving RelationshipsThe very characteristics that make people good lawyerscan actually hamper their ability to develop levels oftrust with clients, Green says.“You can make gross gen-eralizations of lawyers, but there is an over-belief

among lawyers that the world is a rational place,” hesays. “That creates a lack of emotional connection.”

Now, law firms need to “get real” in his words. Theyneed to meet with clients to acknowledge the currentlack of trust, apologize for any past behavior and figureout a way to improve the situation.

Marketers can involve themselves in the process byworking one-on-one with their lawyers to improve

Trust –Another Casualty of the Economy

by Amy I. Stickel

“Before minds set back in concrete, now is the time to rejigger.All the chips are up in the air.”



their interactions with clients and boost their business-development skills. “They need to encourage theirclients to go visit their clients,” he says.

Lawyers don’t do that because of personal fear. Greendescribes that fear as a bottomless pit, and he adviseslaw firm marketers to carefully consider how to coachtheir attorneys in ways that can improve their relation-ships with clients. Law firm marketers can’t supply thespecific words – instead, they need to offer suggestions,coaching and advise along general themes, and thenhelp lawyers to practice for these client meetings.

Fear can also drive lawyers to agree to restructure fees,says Moment. Instead, marketing departments shouldwork with lawyers to help them better communicatethe value they bring. “Sell your experience and youroutcome, and that will add value,” he says. And whileMoment isn’t a proponent of automatically loweringfees, he suggests lawyers should consider offering initialconsultations and other advice without billing for it.

Communication is key, agrees Sutor.“You need to over-communicate, especially when there is a lack of com-munication,” she says. “In those instances, people makethings up, and the things they make up are not good.

“Marketers at all levels can help send out the appropri-ate messages in all types of conversations,” she says.

What the Future HoldsAt the 23rd Annual LMA Conference, keynote speakerJames Carville talked about how the world has changedin the current economy, and how it will continue tochange. Carville compared those changes to the wayboxer Mike Tyson fought . S upposedly,Tyson could hitopponents so hard, he could actually change the waythey tasted.“Tomorrow is not going to look like yester-day…We’re never going back,” Carville told attendees.

Rees Morrison, president of Rees Morrison Associatesand a legal department consultant, isn’t so sure that thisis the long-lasting, transformative inflection period somany keep talking about. “In 2011, if we are enjoyingthe Obama boom, this will all be forgotten,” he says.“Some innovative firms may change, but most willrevert to the past. It’s human nature.”

When the Great Gray Lady MeetsWhite-Shoe Law Firms

On June 7, “The New York Times” published anarticle that quickly began flying around the Inter-net and became the buzz at law firm water coolers:“A Study inWhy Major Law Firms Are Shrinking.”

The article focused onWhite & Case, among oth-ers, and the firm’s financial difficulties during theeconomic crisis. These include layoffs and shrink-ing profits per partner.

But while the article had many talking, Charles H.Green, founder and CEO of Trusted Advisor Asso-ciates, was also interested in the comments on the“Times” Web site – and surprised by the fury insome of those comments.“I was taken aback by thebreadth of it,” says Green. Some of those com-ments included:

� “Normally I’d be sympathetic, but in this case,not. Just a reduction in the number of thievesin suits.”

� “Well, this is one crowd who gets not a shredof sympathy from me.With all the dough thesearrogant clowns made over the years theyshould be set for life. If they’re not, then theywere stupid.”

� “The only fools here are the clients.Thesefirms are notorious for padding their hoursand driving up fees wherever possible. Clientswould be wise to go to lower priced attorneysfrom less ‘prestigious’ [law] schools because, inthe end, all these guys are the same.”

But while many of the comment writers gleefullytook the opportunity to criticize lawyers, somecame to their vigorous defense. And some eventook notice of the hardships suffered by the staff atmajor corporate firms.

Wrote one commenter, “The entire focus of thisarticle [sic] the impact on lawyers’ lives with noattention whatsoever on the even great [sic]impact on non-lawyers at the affected law firms.The only reference to this group of second classcitizens is in one revealing sentence: ‘The firm…has been among the most aggressive in cuttingstaff: nearly 600 people, 279 of them lawyers…‘This shameful disparity in compassion is what gotthis country into the current mess.” ■

— Amy I. Stickel

Green agrees human nature may prevail when the crisisis over. But it presents an enormous opportunity for thelaw firms that are savvy enough to take advantage of it.“Before minds set back in concrete, now is the time torejigger,” he says. “All the chips are up in the air.” ■


More and more, public relations professionals,whether they serve in an in-house position or as anoutside agency, are asked one question: “Can youplease tie our public relations efforts to specific busi-ness development goals?”And while the ongoing pub-lic relations campaign clearly warms up cold leads,many are shocked when they hear the simple response:“Of course!”

With a slight shift of perspective, here are a few of themethods that creative thought leaders are using in mar-keting departments today.

1. It’s a lawyer’s responsibility to understandmedia relations.The number-one rule of business development is to dogood work. In this day and age, the best advocacy clear-ly includes an understanding of, and confidence indealing with, the media.

A recent survey of European in-house counsel byLovells law firm identified potential damage to reputa-tion as the top consideration when deciding whetherto contest or settle a dispute. Are your attorneysequipped to help their clients measure this?

Damage to a company’s reputation can affect shareprice and the ability to trade. It can lead to significantcivil and criminal penalties for a company and its exec-utives. Think about the impact of every decision a bankregulatory attorney must make today!

At the same time, corporate counsel in many leadingcompanies are now responsible for overseeing market-ing, communications and public relations efforts. UPSis a well-known example of this.The message for yourattorneys? If you leave the law firm world for an in-house job, understanding the media could become evenmore relevant.

2. The media landscape is changing.We all hear about “social media” and online publica-tions. But what are the other media outlets that presentoptions for tying public relations and business develop-ment together?

Do your attorneys want to represent Oracle? Write alegal article for their magazine. Are you interested inother tech companies? Speak at their user’s conferenceor contribute to a user’s newsletter. Is your firm moreinterested in working with franchisers? Contribute acolumn to their franchisee newsletter. (In fact, in manyinstances you’ll find your article must go through legalcounsel for final approval. Not a bad way to reach thosetargets!) Is your firm focused on manufacturers? Goafter the communications sent to distributors.

3. Using public relations with your target list.Begin by learning as much as you can about your targetthrough research. One of the cheapest and most effi-cient ways to do this is by setting up Google alerts oneach [see “Information Wants to Be Free (Well, Sortof…),” p. 18]. From that knowledge, determine whatissues the target is facing that you might solve for them.PR can also target certain subject matter for which acurrent client is facing or may face in the near future.Therefore, these same issues will serve as topics forwhich you are pitched to the media as experts.A mediaplacement on that subject matter expertise can opendialogue or even close new practice area matters.

Pitch local, regional or national publications – simplybecause they are of importance to the target. Thisincludes industry newsletters and publications. Askyour clients which publications they read when youconduct client interviews!

In order to improve ROI, consider the following steps:Once a media placement is secured, send reprints toyour target with a letter,“I believe the topic of this arti-cle may be an issue of concern to you and your col-leagues.With this as the start of a broader conversation,I will follow up with you on it. In the meantime, pleasedon’t hesitate to contact me.”

But go a step further and deliberately conduct certainpublic relations tactics to have a reason to connect witha target. From the networking perspective, considergiving without getting. Secure a writing opportunity


AreYour Public Relations EffortsContributing to the Bottom Line?

by Dave Poston


In this day and age, the best advocacy clearly includes an understanding of,and confidence in dealing with, the media.



Marketer as Leader: Step Upto Leadership!

by Martha Carnahan (left) & Jodie Charlop

What is the ongoing, everyday, ultimate chal-lenge of the legal marketer? Being seen as a key partof the law firm’s strategic decision-making team! Butto achieve this place of value, we believe legal mar-keters must break out of the production trap so attor-neys can view them as leaders at the firm.

The topic is regularly discussed, but with only variedand random thoughts about how legal marketers cango from marketer to leader through professional devel-opment. These disjointed thoughts can be wonderfullycreative, but their scattered nature can render thempowerless to impact sustainable change. From time totime, organizations have considered a certification pro-gram. CMOs participate more often in sales calls, aswell as market analysis regimes. Business developmentstaff fights to get moved off administrative floors.

Now is the time to think of moving from marketer toleader as a psychologically, human development basedprocess that can be applied in an organized manner.And isn’t getting organized to take action what a leaderwould do?

What Is a Leader?As starting points for self-analysis and learning, it isimportant for marketers to seek greater understandingof leadership models and there are many diverse andtime tested theories to explore. As leadership assess-ments can’t be administered through a magazine, con-sider a few perspectives from notable writers andresearchers on the subject.

[1] John Gardner in his book,“On Leadership,” identi-fies a common list of traits that are found in all leaders.

� Physical vitality and stamina� Intelligent� Action-oriented judgment� Eager to accept responsibility�Task competent� Understands followers and their needs� Skilled in dealing with people� Need for achievement� Capacity to motivate people� Courage and resolution�Trustworthiness

� Decisiveness� Self-confidence� Assertiveness� Adaptability/flexibility[2] The behavioral leadership models developed byRobert Blake and Jane Mouton plotted leadership stylesbased on a leader’s concern for tasks versus people.

Concern for task: Leaders are achievement- and pro-duction-centric. Leaders look for high levels of pro-ductivity and ways to organize people and activities inorder to meet those objectives.

Concern for people: Leaders look upon their followersas people – their needs, interests, problems, developmentand so on. They are not simply units of production ormeans to an end.

[3] Paul Hersey and Kenneth Blanchard contend in theSituational Leadership method that leaders must use dif-ferent styles to adapt to the situation. Depending onemployees’ competencies and commitment, leaders varytheir style to one of four typical approaches: telling,selling, participating or delegating.

[4] Finally, consider Bernard Bass, James Burns, PeterWright and many others…who categorize leaders astransactional or transformational. Transformation formarketers is a thrilling word that describes what leaderscan be and ironically marketers have the greatest natu-ral ability to be transformational.After all, isn’t transfor-mation a key element of what marketing is about?

Transformational: These leaders raise our level ofawareness, our level of consciousness about the signifi-cance and value of designated outcomes and ways ofreaching them.They get us to transcend our own self-interest for the sake of the team, organization or largersystem.They alter our need level and expand our rangeof wants and needs.

Transactional: These leaders recognize what it is thatwe want to get from work and try to ensure that we getit, as long as our performance merits it. This styleexchanges rewards and promises for our effort. Thestyle is responsive to our immediate self interests if theycan be met by getting the work done.

Your View of LeadershipProfessional services marketers get caught in the trap of



focusing largely on production – responding to therequests of others, reacting to last-minute “opportuni-ties,” keeping up with the endless to-do list – all in aneffort to prove your value to the firm as an “overhead”position.

Professional service marketers working in this way aremerely skimming the surface of their talents andexpertise, thus, limiting their potential contribution tothe firm’s growth and success.

Legal marketers must take ownership to examine theirtrue effectiveness in their firms. Are you operating at areactive, surface level? Or are you challenging yourself,and firm leaders, to push marketing into a leadershiprole? Are you a “go-fer,” or a “go-to”?

Here is one framework to advance leadership develop-ment along an authentic but critical evolutionary path.

Consider the model:

Productivity Zone (White):The centerportion of the model consists ofeight wedges representing keyproductivity functions of amarketing leader:

� Planning� Setting Direction� Being Organized� Building Relation-

ships� Problem Solving� Influencing and

Motivating� Managing My

Time� Promoting ChangeOf course, effectiveleaders are highly pro-ductive, but to get“stuck” in the productionzone limits the marketers’growth and contributions tothe bigger picture of where mar-keting drives full value. The moremarketers focus on driving productionhoping to prove their value, the more they ultimatelydecrease their value – and therefore, never really achievethe recognition and influence they so desire. Quite theparadox!

Self-Awareness Zone (Yellow): The next ring repre-sents the areas of self-awareness marketers must devel-op as they step toward their leadership strengths:

� Self-Confidence� Self-Control� Self-Motivation� Social Impact

The move from production to greater self-awareness isa marketer’s first critical development breakthrough. Inthis zone, marketers begin to objectively examine theirpersonal motivations, gain greater courage and learnthe vital skills to influence others in the firm. It is aspace and place where marketers begin to gain greaterconfidence in their role.

Leadership Zone (Red): The next ring in the modelrepresents levels of leadership marketers can embrace asthey develop:

� Self Leadership

� Relational Leadership

� Organizational Leadership

Leadership is more than just a label. It is navigating thecomplex dance between leading yourself, creating andmanaging relationships and influencing professionals at

every level of the firm– and they must learn todo so masterfully with no positional

authority.

Power Zone (Black): Theouter r ing represents the“eco-system” that youswim in as a humanbeing in a marketer’srole. In the midst ofyour busyness, youmay ask yourself:“Why am I workingthis hard?” “Whereis the meaning inmy work?” “What’sthe point?”

Sur rounding yourday-to-day workwith this kind ofinternal exploration

will help you clar ifyyour purpose, enhance

your power, emboldenyour leadership stance and

ultimately contribute to yourpersonal fulfillment as a marketer

and your contribution to your firm’ssuccess. The power zone helps marketers

achieve an incredible level of confidence because youknow how you walk in the world.

In addition, as you gain influence in your firm and withfirm leadership, you can become a leadership catalystand global strategist, helping guide your firm to reflecton its own business and community footprint. As firmscontinue to grow and evolve, especially as legal servic-es become more commoditized globally, asking andanswering hard questions regarding your firm’s valuefootprint is a critical next-level competitive strategy.

With all this knowledge and experience about leader-




Sales Training for Legal Marketers

by Silvia Coulter

At one point in time, the word “sales” was notuttered inside law firms. Much has changed in thelast two decades, and now sales and sales strategy is atthe forefront of every firm’s strategic initiative. Once, itwas nice for marketers to know about sales – now, salesare need to know.To be truly effective as a legal mar-keter, it is critical to understand the sales process andhow a specific marketing role integrates with thatprocess. Further, the more that marketing activities andstrategies are tied to revenue, the better the job securi-ty for those positions.

Invest in yourself with education and learning! Hereare some resources which anyone in legal marketingtoday may find useful (and arguably, necessary) to helpreach the full potential of your role in the firm andhow it ties to helping the firm retain and grow clientsand build new business.

Process Management, ProcessImprovement and Pricing ModelsUnderstanding process management will be critical inhelping you, your team and the marketing departmentsupport the future growth of the firm. Change is com-ing and it’s driven in part by the clients. Get on boardand learn everything you can to help meet the chal-lenges and the opportunities for improving firmprocesses. Here are some usefulWeb sites and program-ming information:

� Association of Corporate Counsel Web Site(www.ACC.com)

The Association of Corporate Counsel’s Value Chal-lenge initiative is strong and taking on greater strengthas it grows.The association’sWeb site has a lot of infor-mation about the relationship between today’s lawfirms and their clients.You will also find tools that willdirectly help with budgeting and other important partsof the pricing and process models now becoming part

of everyday business in the legal industry.

� West Paces Consulting(www.westpacesconsulting.com)Leonardo Inghilleri, the former Ritz Carlton leaderwho helped the Ritz win not one but two BaldrigeAwards, is now at his new firm with former Ritzfounder Horst Schulte. Long known for his prowesswith process improvement and service excellence,Inghilleri has helped bridge the concepts from the Ritzto the law firm and is a great speaker for any marketingdepartment off-site meeting or a firm retreat.

� The LSSOYellow Belt Program(www.legalsales.org)Whether it’s a group session or one run at your firm,don’t miss out on the ability to learn about processmanagement and process improvement in a forum thathas been designed specifically for law firms.The LegalSales and Service Organization, an LMA Partner inEducation and Programming, bases all its concepts ontraditional Six Sigma programs.

� Snow & Associates (snowassociates.com)Dennis Snow (a former long-time Disney executive)has a useful Web site, as well as CDs and books, aboutservice excellence. Snow is a well-known speaker onthe topic and can add value to any firm’s bottom lineby helping develop strategies to focus on providingclients with the best service experience possible.

Recommended Reading

� The Art of Giving Quality Service,by Mary S. GoberSomewhat basic, this book is a good introduction tounderstanding some simple steps to help your depart-ment and firm focus on service strategies.

� The New Six Sigma: A Leader’s Guide to AchievingRapid Business Improvements and Sustainable Results,by Matt Barney and Tom McCartyBarney and McCarty have brought Six Sigma to a newlevel. No longer just for engineering firms and manu-facturing processes, Six Sigma may now be implement-ed to help businesses improve and see long-termresults. All this can ultimately improve client retentionand bottom-line growth.

To be truly effective as a legal marketer,it is critical to understand the sales

process and how a specific marketingrole integrates with that process.



SalesBuilding a book of business is tough stuff. Those whohave worked on commission or built long-term prac-tices often welcome the opportunity to help othersachieve success in this area. If you have not been inyour lawyer’s business-development shoes, that’s OKtoo. There are plenty of resources available to helplearn how to integrate your skills and area of marketingexpertise with the sales side of the business. The moreyou learn, the more welcome your assistance will be atyour firm.

Sales TrainingSome good programs are offered by well-known legalconsultants. Tried and true is WJF Institute’s open ses-sion in Austin,Texas, where marketers can attend withone or two partners from their firm and immerse in theneed to know aspects of key client managementincluding sales presentations. More information isavailable at www.wjfinstitute.com.

Hildebrandt offers Rainmaking Advantage, which teach-es at three different levels: associates and support staff;partners; and experienced rainmakers. Its Client ConnectK.I.T. includes pipeline reporting tools and other usefultools to help you support the lawyers’ sales activities.More information can be found at www.hildebrandt.com.

Traditional training programs such as Miller Heimanare not adapted to the legal market, but legal marketerswill learn a lot in a classroom setting that includes indi-viduals from companies like the companies who hireyour law firm. The tools they provide are helpful topush you outside of the box and think about how youwould adapt them for the legal environment.

Do you want to learn everything you need to knowabout key client planning? Then hurry and join SAMA.Many corporate sales teams rely on SAMA’s program-ming and resources to help them stay ahead of thecompetition, and SAMA University can be an excellent

resource.Visit them at www.strategicaccounts.org.

Recommended Reading

� Hope is Not a Strategy, by Rick PagePage will help you to understand the critical steps towinning complex sales–and certainly, selling legal serv-ices is complex.You will need to bridge the concepts,but it’s worth the bridging and thinking time and willhelp you learn the necessary strategies.

� The Ultimate Sales Managers’ Guide,by John KlymshynThis book will help you to become a better coach andalso learn the ins and outs of sales management. Theconcepts are easily bridged to any environment.

� Influence, by Robert B. CialdiniThis is one of the best books I’ve recently read andpossibly one of the best you could recommend to part-ners. An excellent book on the psychology of selling, itis not a bad resource to help you with selling your ideasinternally either!

� The art of woo, by Shell and MoussaSpeaking of strategic persuasion to sell your ideas, thiswill be a bookshelf necessity. The authors, directors atthe Wharton School’s Strategic Persuasion Workshop,identify a systematic science for closing business. If youbuy no other books, these last two are musts.

Other resources include the traditional Dale Carnegie,Sandler Institute and related books and CDs.

Sales is a skill you will use forever in your career, andit’s certainly a skill that will help you get to the nextlevel in legal marketing and business development.Committing the time to learning about sales will payoff for you, your team and your law firm. ■

Silvia Coulter chairs the client development and growth practiceat Hildebrandt. She can be reached at [email protected] 617/697-4869.

a few months later to present suggested changes notonly to the rule in question, but to the entire chapterof the Law Society Handbook dealing with marketing.

The outcome of this effort is without precedent. Amajor overhaul of the guidelines was recently releasedand, indeed, represents the most significant set ofchanges to come out of the Law Society in years, if notdecades. Our LMAVancouver Chapter President SusanVan Dyke (principal,Van Dyke Marketing & Commu-nications) and Chapter Member and Past PresidentHeather Gray-Grant (business development director,corporate/commercial and labor & employment

groups, Borden Ladner Gervais LLP) led this effort.They have said they are “very pleased with the sweep-ing reform.” These are changes that will make theirwork product more effective and more compelling.

I am inspired by the courage and determination thatSusan, Heather and all their colleagues displayed asthey rallied around this cause.They are the epitome ofLMA professionals and have demonstrated the enor-mous power that a well-respected organization such asLMA yields.This has also demonstrated a new level ofvalue proposition that LMA can have for our membersand the law firms we represent. I hope all of us can takea page from their playbook the next time we see amountain we feel should be moved. ■

—Jennifer Manton, 212/407-4112 (NewYork),310/282-2045 (Los Angeles), [email protected]

President’s PodiumContinued from page 2



Why Content Matters onYourWeb Site

by Jonathan Groner & Liz Lindley

“Our Firm’s success stems from key strengths: clientfocus, legal skill, depth of people, experience and

resources, team orientation, a one-firm organization.”

“We provide clients with seamless global supportthrough a structure of strategically placed offices in

the U.S. and Europe.”

“Our Firm seeks long-term, partnering relationshipswith clients, to the end of providing the best total

solution to the client’s legal needs.”

“Clients commend our ability to lawyer ahead of thecurve when they tackle tough obstacles and pursue

challenging opportunities.”

Sentences like these are not hard to find in a cur-sory search of the Web sites of major American lawfirms (names are omitted to protect the guilty.) Butwhat do they really say, and how do these words helpmarket the firms that wrote them? What would apotential client learn about the law firm that he or shedidn’t know already? Haven’t these firms missed anopportunity to create a great first impression?

Most major law firms have, quite rightly, begun to paya great deal of attention to the organization of theirWeb sites, the technology that the sites use and the

quality of their graphics. Since in most cases the site isthe first thing that a potential client or referral sourcewill look at in the process of selecting a firm, that timeand attention are well spent.

In general, however, major firms have not given equalthought to what their sites actually say. And even in amarketing world that often seems to be driven byvideo, social networking and other hallmarks of Web2.0, content still matters. A firm that can show on itsWeb site, that it can use the English language to pro-duce marketing copy that is clear, succinct and persua-sive has already taken an important step to differentiateitself from its peers.

Law firmWeb sites need not, and probably should not,contain prose that is as compelling as a great mysterynovel or as dramatic as a riveting piece of theater. Buta Web site, among other things, is a piece of writingthat is intended to persuade, and a site should at least

do a good job of that. Lawyers know how to writebriefs that persuade judges; law firms should know howto write marketing copy that persuades clients.

Here are a few of the common pitfalls.

[1] Web sites contain language that is full of clichés andbuzzwords that clients are tired of hearing.

How many law firms are “client-oriented” or rely on“teamwork” or provide “global solutions” or employpartners who “think strategically” or “tailor our effortsand communications to suit clients’ specific preferencesand needs” or “have significant experience in…?”Weary general counsel read that sort of thing on aWebpage and simply move on, or worse, click on someoneelse’s site.

[2] Web sites use language that no one would ever speak.

We all learn to speak before we learn to write, andgood writing should have some of the sound of spokenlanguage. But look at some of the law firm Web sitewriting:We might occasionally use the (tired) expres-sion “ahead of the curve” in conversation, and wemight occasionally use the (clunky) verb “to lawyer” inspeech as well. But who has ever heard anyone say thatsomeone “lawyers ahead of the curve?” Similarly, a firm

might support its community, but would anyone say, asone major firm did, that “supporting communitieshelps make a difference?”

[3] Web site writers miss the opportunity to distinguishtheir firms from others by citing the telling detail.

Every firm has at least a bit of fascinating history that,in the eyes of a creative writer, can differentiate it fromall those other firms. But most firms didn’t write any-thing like what Crowell & Moring wrote on its Website: “Like many lawyers, we pride ourselves on ourintegrity, client relationships and ability to win cases.But that’s not why 53 of us left a major law firm in1979 to start Crowell & Moring.We did it because webelieved we could create a different kind of law firm.Aplace where lawyers could think differently. Act differ-ently. Be themselves.”That’s good writing.

As any good writer knows, it is always more effective to show than to tell.



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Good writing like this is not easy and does not comenaturally to everyone. It takes hard work. Sometimes ittakes a writer who is not a lawyer to frame the contentand objectively dissect what is compelling versus whatwill make a reader’s eyes glaze over. Lawyers tend tounderestimate their experience, perhaps because it isjust so close to home.

For example, a trial lawyer may feel that everyone alreadyknows the details of his case, as it’s been monopolizinghis time for many months. It’s hard for that lawyer to step

aside and see the case as new information for a reader.Further, a biography that lists case citations as representa-tions of work, without providing the context of any case,assumes that the reader will actually research the cite andglean that lawyer’s role in the case.The attention span ofaWeb site visitor is remarkably short, and a reader shouldnever be expected to look elsewhere to figure out why alawyer can get the job done.

Another example is the lawyer who lists 25 representa-tive matters without giving thought to prioritizing andselecting the most meaningful matters, or what thewords will mean to a prospect, referral source, lateralhire or incoming associate. Readers want to know howa lawyer’s experience will benefit them specifically.Doesn’t it make much more sense to describe the case,the result and its unique characteristics than to simplystate “Obtained $2 million malpractice verdict?”Whodid the firm represent (in vague terms if a client willnot permit disclosure), what was the legal issue withinthe realm of malpractice, did the verdict come swiftly

after the trial, did the case establish any new principlesof law? Wouldn’t a reader be more interested in thesedetails and more able to connect his or her own matterto the lawyer’s stated experience?

Law firmWeb site writers struggle with how to articu-late the expertise of a lawyer and must rely to someextent on the lawyer to provide the raw material thatwill enable the writer to write effectively, and with ele-gance as well.The process can eat up much more timethan anyone would originally expect.

But the effort pays off. A law firm whose Web siteexhibits the hallmarks of good English prose shows itsreaders that the lawyers in the firm care about detail,that they are different from their peers at other firmsand that they wish to communicate forcefully and pre-cisely with others.

What better messages could a firm wish to convey toits readers? And what a terrific way to convey them.After all, these themes – attention to detail, differentia-tion and communication with clients – are preciselywhat a potential client wants to be sure of beforechoosing counsel. But as any good writer knows, it isalways more effective to show than to tell.

Good writing not only creates a good impression; itcan also help the bottom line.Yes, a law firm’s Web siteshould be appealing to the reader but never forget thatcontent still matters. ■

Jonathan Groner is an independent writing and media relationsconsultant inWashington, D.C., and can be reached at202/246-5516 or [email protected].

Liz Lindley is the senior VP of PR and marketing consulting atJaffe Associates, and the director of the firm’sWritersForLawyersgroup. She can be reached at 201/767-2690 [email protected].


Why Content Matters onYourWeb Site

Continued from page 12

Client loyalty and trust are paramount to the success ofthe business. Investing time to retain and grow clientrelationships is easy to understand but unfortunatelymuch harder to execute.Words like Change, Fear andDenial seem to carry more weight than the word Trustwhen times feel uncertain.

The best example of trust I can think of is a law firm’sinstitutional client. This client has remained with thefirm for decades because of a partnership they devel-

oped with either a single attorney or team of attorneys.Between regular communication, respect and under-standing, a valued relationship was born.You can pointto various factors that keep the relationship going butultimately, there is trust that glues it together.

I agree with Jeff that this economy presents an oppor-tunity for firms to think introspectively, but now is thetime to really identify and focus on your client’s issues.Whether it’s a solution to a problem, an answer to aquestion or a connection to a colleague, your helptoday will be the reason they stay connected for thelong term.With so many reasons to be skeptical or cyn-ical, isn’t it refreshing to meet someone who simplywants to help because it’s the right thing to do? ■

— Jennifer Smuts, 302/888-6214, [email protected]

Message from the EditorsContinued from page 24

But as any good writer knows, it is always more effective to show than to tell.


In 1909, the editors of “Editor & Publisher,” thenewspaper industry trade paper, concluded a long dia-tribe against nagging publicity agents this way: “Andthe lawyers! No class of men on earth know the valueof publicity better than the NewYork lawyers, who, tolet them tell it, are the best in the business.”

Imagine that – self-promoting lawyers, nearly 70 yearsbefore the U.S. Supreme Court’s Bates v. State Bar ofArizona permitted lawyer advertising! This may notcome as a surprise to law firm marketers, and it is prob-ably not confined to members of the Empire State’s bar.So the bane of self-promotion–seeking publicity, mar-keting and advertising to satisfy an attorney’s vanity,rather than implementing the dictates of a productivefirm marketing strategy –has been with us for quitesome time.

Why is this “vanity” part of the law firm marketingmix? It will inherently fail to do little more than makethe attorney feel good. By their nature, marketing andbusiness development take time and planning. Bounc-ing from one possibility to another, seeking to show-case an attorney’s visage, name or inclusion on a “best”list (one of publishing’s own smartest money-makingstrategies ever) are one-offs that contradict the cardinalrules of marketing: analysis, planning, money andsteady commitment.

Remember, the tortoise won, not the hare.Though thehare may have more press clips.

Bates, of course, at its core wasn’t about lawyers pro-moting themselves at all and it wasn’t about law firmsadvertising. It was about educating potential clients:“assuring informed and reliable decision making” byproviding consumers “relevant information,” JusticeBlackmun wrote in the ruling.

What Ads DoOn the one hand, maybe law firm marketers shouldn’tcomplain about creative interpretations of Bates to getone’s name in print and face on screen. Findingingenious ways to work within the rules to reach a

client’s goals is the point of doing law and some of itsvisceral kick for practitioners. On the other hand,vanity promotion distorts law firm marketing, dis-tracts it from its true objectives of getting new busi-

ness or branding the firm, frustrates marketingprofessionals and wastes money.

Consider, for example, law firm advertising. With theexception of some large and sophisticated firms, adver-tising seems less about getting business than making thefirm’s attorneys (and their families) momentarily happy.

An effective ad campaign takes an ad budget beyondmany firms’ comfort level, along with clear objectives,creative thought, good design, the right media place-ment and with enough frequency to be remembered.

And, in the end, alone it won’t get you clients. That’snot the work that professional service ads do. Ads,including public radio spots, start the conversation beforeprospects meet you. Ads, op-eds, seminars and othermarketing and public relations techniques can nudgethe firm towards a recognizable identity in the market-place. But the work of successfully dispelling market-


TheVanity Distortion inLaw Firm Marketing

byWilliam Doll

Vanity promotion distorts law firm marketing, distracts it from its trueobjectives of getting new business or branding the firm, frustrates

marketing professionals and wastes money.

— Lindsay Griffiths, International Lawyers Network



place anonymity takes time, care and money.

Firms often seem unaware how difficult movingbeyond anonymity is. They throw money at one-shotads to announce –with scores of others attorneys fromscores of other firms – inclusion on some list or specialsection (which exist to lure such ads) on estate plan-ning or bankruptcy.

Why? Vanity. A partner feels good. The practice groupfeels good –maybe even the marketing people feelgood. But marketing feels good for the wrong reason:They know if their firm is not among all the otherfirms taking an ad, they may get flack. Alas, the ad willhave a hard time standing out on a page of similarlydignified and unmemorable squares and rectangles.

Your partners will notice it, pleased that their ad is somuch better than the competition –while the competi-tion is smugly concluding the same about their own adcompared to yours.

This is not where your money, time and effort should be.

The same distortion infects media relations. As the100-year-old “Editor & Publisher” editorial suggests,seeking to get one’s name in the paper is nothing newfor lawyers. In the 1930s and 1940s, the WalterWinchell-style celebrity column existed precisely toshowcase names – it’s safe to assume that lawyers wereamong them. Today, every beat reporter has become apotential Winchell, a target to hammer on seeking tobe quoted on a legal matter or (if the gods are smiling)to be the subject of an article.

If the reporter is doing the calling, great.Mission accom-plished. The slow work of building a reputation useful tothe media is paying off. Other than that, though, it’s aone-off; it’s vanity, not business development. It feels

good but it’s quickly yesterday’s –or in today’s hyper-news cycles – this morning’s forgotten news.You’re build-ing nothing.

None of this is to say that vanity is inherently bad.One-shot, scattershot, hit-and-miss vanity-poweredexercises just do not build a practice. Rather, it is high-level human resources.Attorneys feel good seeing theirname. Other attorneys in the firm (if they are not com-petitors) feel good about the firm’s recognition. Thatrainmaking partner of inconstant loyalty may stay put alittle longer. And a happy partner is a good thing.

Clients, too, may feel validated in seeing their firm inthe media as experts. In short, stoking vanity is to somedegree a necessary and economically useful function ata firm. So the question isn’t, “Can you get rid of thevanity distractions at your firm?” Of course not.Lawyers are lawyers; people are people. And the vanityquest does offer some institutional benefits.

The goal is to manage these insistent urges so that yourenergy, creativity and budget can be focused on sus-tained, eye-on-the-prize campaigns to develop newbusiness and markets. To some degree, these pleas forattention may diminish in larger firms or in those withmore structured, insulated marketing arms.

In fact, the well-developed campaign itself may be yourshield, if not a perfect one. “It’s not in the plan” mayend the discussion or slow things down, even if, likethose New York lawyers of a century ago, your attor-neys are “the best in the business.” ■

William Doll is an attorney and sociologist who heads Bill Doll& Co., a professional service research and communications firmworking with law firms since 1986. Doll can be reached at216/721-2542 or [email protected].

Remember, the tortoise won, not the hare.Though the hare may have more press clips.

ship as background, what is the process that legal mar-keters can follow to create their own leadership pro-file? Self-study, coaching or formal leadershipcoursework can help you successfully navigate eachstep of the critical journey to leadership. But in theend, in the professional services arena, marketers areultimately in charge of seizing every opportunity todevelop their own leadership profile.Who is ultimatelyholding you accountable to being the greatest leaderyou can be? ■

Martha Carnahan is a credentialed member of the InternationalCoach Federation and certified professional co-active coach andcan be reached at [email protected]. Jodie Charlop isfounder and chief coaching officer for Potential Matters and can bereached at [email protected].

Marketer as Leader: Step Up toLeadership!


This topic was presented at the 23rd Annual LMAConference in April 2009.To keep the dialogue going, theauthors have established www.marketerasleader.com anda LinkedIn Group for those who want to break out ofproduction into their next level leadership roles. Forparticipants, it is an invitation-only but open community formarketers and will be focused on professional developmentdiscussions for marketers (no solicitations permitted).



Let’s face it.We’re all in a hurry. There’s so muchto do, too little time. So the last thing you need is tospend hours fruitlessly searching theWeb. Because timeis money in the law firm environment, there is a ten-dency to automatically look to fee-based resources fora solution to one’s information needs. ThomsonReuters, LexisNexis and other vendors have first-rateproducts, and firms tend to have flat-rate agreements inplace that help control costs.

At the same time, given the current state of the econo-my and its ripple effect on the legal services industry,it’s important to be aware of at least some of the manyexcellent free or low-cost Web resources that are avail-able. Think of these resources as part of your profes-sional toolkit, one that both complements thefee-based services and helps you stay organized.

With this in mind, here are several very cool Web sitesthat can be a tremendous help in managing your busi-ness development and legal marketing activities.

Search EnginesLexisWeb: http://www.lexisweb.comThis legal content search engine (currently in Beta)features both free results from the open Web and paidresults available on LexisNexis.What makes it so specialis that the free content consists entirely of sites thathave been selected and verified for accuracy by Lexis-Nexis editors.

Hakia: http://www.hakia.comHakia is a “semantic search” engine.This means it triesto understand what you’re looking for and return fewerbut more relevant results from Web sites vetted bylibrarians. This is particularly useful given the anony-mous nature of the Internet, where anybody can claimthey’re an expert. It brings to mind the classic “NewYorker” cartoon depicting two dogs, one seated at acomputer telling the other: “On the Internet, no oneknows you’re a dog.”

Jux2: http://jux2.comResults differ across major search engines. Jux2 runsa simultaneous search across the major engines

(Google, Yahoo!, MSN) and returns the top resultsfrom each, including where these rank in a particularengine’s results.

Blawgsearch: http://blawgsearch.justia.comThis free site searches for results across thousands oflegal blogs on theWeb. It also features a categorical list-ing of blogs on a wide range of legal topics – everythingfrom intellectual property to animal and dog law. Onceyou find a blog you’re interested in, you can previewposts and subscribe to RSS feeds.

People and Business FindersSearchsystems: http://www.searchsystems.netThis is the Internet’s largest public records directory. Inthis amazing portal, many of the sites linked to are free;others can be accessed with a credit card. For instance,there are free databases to locate registered corpora-tions by state, find a out whether someone is a licensedacupuncturist or search the business white pages inParis (in English!).

Pipl: http://pipl.comThis site provides one-stop shopping for informationyou can use to assemble a quick and dirty profile onalmost anyone. Search results on individuals are pre-sented by category, such as blog posts, social forums(including LinkedIn and Facebook), quotations in themedia, publications written and political donations.Some of the information is free and some pay as yougo, such as background checks.

In the NewsGoogle Alerts: http://www.google.com/alertsIt’s difficult to say enough about this tool. It’s a tremen-dous labor-saving device, free and, most important, afont of relevant news, trade press and blog posts. Set upa tracker on one of your key partners with a few key-words, and results will be emailed to you as they hap-pen, or once a day or week.

Help A Reporter Out:http://www.helpareporter.comSuppose you’re proactively trying to get sound bites

InformationWants to Be Free(Well, Sort of…)

by Louis C.Abramovitz

…there is a tendency to automatically look to fee-based resources…



and invite the target to co-author an article with you.Secure an interview and invite the target to participatein the interview with you. Perhaps you have a relation-ship with a journalist who might appreciate an intro-duction to your target and his or her expertise. Howabout inviting the target to speak at one of your firmseminars at which you also have journalists speaking orattending? This is especially effective if the target is awarm lead.

4. Use your newsletter.A final idea would be the untapped cache of your firm’sown reputation as a publisher of important business con-tent. Many of the best firm newsletters position a lawfirm as an expert in one area – banking, hedge funds, realestate, etc. Firm newsletters are often restricted, howev-

er, simply by being limited to legal content. Law firmclients often spend time seeking expertise on their prob-lems from many different service providers.

So, why not open up a slot for your targets to reachyour clients by providing varied content? Don’t youhave access to C-level executives like very few organi-zations have? Wouldn’t your targets like the chance toreach into the depths of your CRM system free ofcharge? (This also has the great benefit of taking someof the “writing” load off of your attorneys!)

All this takes is the creativity to identify solutions thatyour clients might need to learn about, finding targetswho can speak to those topics and setting up your owneditorial calendar. It’s an incredible way to get to knowyour circulation data and intimately get to knowclients.The process will even reveal areas of concern tothem and lead to conversations that could drive newrevenue for your firm. ■

Dave Poston, Esq., is president of Poston Communications LLC.He can be reached at 404/607-7306 [email protected].

from your attorneys picked up by the media.This freeservice will send you up to three daily emails withjournalists’ queries.When you see a query you’d like torespond to, you simply answer it.

Getting and Staying OrganizedGatherGrid: http://www.gathergrid.comOne of the biggest time-wasters law firm staff face asbusy professionals is the inevitable flood of emailswhen trying to schedule a conference call or meeting.With just a couple of clicks, this easy-to-use tool letsyou create a scheduling grid with potential meetingtimes and send it out as a poll.

PBworks: http://pbworks.comUpload documents and comment in a collaborativeonline space with your colleagues on single or multipleprojects. It’s easy to set up (translation: no need to askyour IT department for help).There is a free basic edi-tion, but the professional edition is only $8 per monthfor up to 50 users. There is also mobile access foriPhone and BlackBerry users.

Jott: http://www.jott.comThis can be a great time saver. Jott turns your voicemailmessages into text and then sends you emails or textmessages, so you don’t have to spend an inordinateamount of time sorting through emails.You can use itto screen when you’re in meetings, set call backreminders or reply to them. The cost is $9.95 permonth for up to 40 transcribed voicemails.

Dropbox: http://www.getdropbox.comDropbox is a free service that lets you sync your filesonline and across computers. It works across different

platforms, so it doesn’t matter whether you’re runningMac,Windows or Linux.The free version is up to 2GBof files, or $9.99 a month gets you 50GB of storage.

Dingitsup: http://www.dingitsup.comIt is so annoying to discover that aWeb site you need toaccess is offline. So you end up checking back everyfew minutes or having to ask your assistant to monitorit for you. This free service will text you and let youknow when a site is down or when it comes back up.

BlogPulse: http://www.blogpulse.comPart of the Nielsen Co., this site allows you to identifyhot trends in the blogosphere.You can track buzz overtime for certain key words or phrases (for instance,TARP or net neutrality) or track conversation threadsstarting from the original post.

Internet Archive:http://www.archive.org/index.phpLooking for a version of a Web page that’s long gone?Old Web pages don’t necessarily die, thanks to thisnonprofit project, founded by Internet pioneer andWeb entrepreneur Brewster Kahle. It provides perma-nent access to content that was “born digital” andwould otherwise be lost.

One final tip:When all else fails, ask your firm’s librar-ian for suggestions. It’s in a librarian’s nature to want tohelp-though the occasional “bribe” in the form of afresh Krispy Kreme or bagel and cream cheese is notout of the question. ■

Louis C.Abramovitz is a librarian atWilkinson Barker KnauerLLP.Abramovitz can be reached at 202/383-3420 [email protected].

AreYour Public Relations EffortsContributing to the Bottom Line?




One of the biggest guessing games in the legalindustry right now is identifying how the law firm ofthe future will look. And recently, it literally became agame–FutureFirm 1.0. Over the course of two days, 44players converged at Indiana University and embarkedon role playing exercises to save the fictional – andstruggling –AmLaw 200 firm Marbury & Madison LLP.

The game, created by IU’s Maurer School of Law Asso-ciate Professor William Henderson and AnthonyKearns of Australia’s Legal Practitioners Liability Com-mittee, pitted teams of law firm partners, clients, lawstudents, and consultants against each other to create astrategy that would allow Marbury & Madison to liveanother decade.

According to an article by Aric Press, who coveredthe event for the “The American Lawyer,” “Whatemerged from the exercise was a surprising conver-gence of strategies that gave an outline to what a new

model might look like.” Press identified several areas ofconvergence the teams developed:

■ New associates would be paid less and trainedmore, while being freed from some or all billablehour requirements and assisted with law schoolloan payments.

■ Clients would be offered a variety of alternativefee arrangements, frequently based on the min-ing of actual billing data. The firm would alsoshare at least some of the fee risk as a sign of trustand shared enterprise, whenever possible.

■ In order to make the plan work, partners wouldtake a hit in pay, at least initially.They would alsonot buckle under the pressure of dissatisfied rain-making partners at their firm who were threat-ening to leave.

Press’s article about the event can be accessed atwww.law.com.

DiDictacta

As law firms continue to be battered by the econo-my, just about every expense is on the table. So, it may benatural to assume that programs such ashiring, training and retaining womenlawyers would be facing the ax.

But that shouldn’t necessarily be thecase, according to Patricia K. Gillette,a labor and employment partner atOrrick, Herrington & Sutcliffe andfounder of The Opt In Project.Writ-ing for the “AmLaw Daily” in anarticle called “Cracks in the Ceiling,”Gillette urges firms to take thisopportunity to step away from thevery salary and bonus structures andbillable hours that have destroyedflexibility in the law firm model.

“Now is the time to take advantageof the immobility of partners andassociates and the weakening bar-gaining position of law students, to

make changes that may not be popular with everyone,but are long overdue,” she wrote.“And these changes, in

the long run, will benefit womenand will answer the cries of all GenY lawyers for a kinder and gentlerlaw firm life.”

She outlines what the “cracks in themodel” mean to every lawyer, butespecially women:

■ The demise of the billable hour;

■ Competency-based progression;and

■ Rethinking the first two years.

“If timing is everything, then thetime for this change is now,” sheconcludes.

Gillette’s article and informationabout The Opt In Project can befound at www.law.com.

You’re Invited! The Editorial Board of Strategies invites LMA members to contribute ideas, articles andoriginal cartoons and artwork for future issues. If you would like to pitch a contribution for an upcoming issue,email Amy Stickel at [email protected]. Issues close at least two months prior to the publication date.

Creating the Law Firm of the Future, for Fun and Profit

More Opportunities for Women Lawyers Now?


Allen Matkins Leck Gamble Mallory & Natsis LLP hasnamed Bruce Allen senior business development man-ager. Most recently, Allen was marketing director withRutan & Tucker, LLP.

Previously with Maslon Edelman Borman & BrandLLP as client development coordinator, Elizabeth Bolthas joined Faegre & Benson LLP as practice area mar-keting specialist (litigation).

Christopher Frawley has joined Jones Day, NewYork,as business development & communications coordina-tor. Previously, Frawley was director of business devel-opment at John E. Osborn, PC.

Monica Phillips Jalil has joined Steptoe & JohnsonLLP,Washington, D.C., as manager of marketing opera-

tions & communications. Previously, she was withTroutman Sanders LLP as senior manager of marketing& client services.

Previously marketing manager for the Jewish Commu-nity Centers of Greater Boston, Kim Kaufman Lipsyhas joined Murtha Cullina LLP as marketing specialist.Lipsy has previously held marketing positions with Tar-low Breed Hart & Rodgers and Sherin and Lodgen.

Sullivan & Cromwell LLP, New York, has named Ste-fanie Marrone senior manager, communications. Mar-rone was previously marketing communicationsmanager at McKee Nelson LLP. ■

New job? Let your colleagues know by emailing job changeinformation to [email protected].


Stefanie MarroneKim Kaufman LipsyMonica Phillips JalilBruce Allen Elizabeth Bolt

Marketers on the Move



THE QUESTION

Terri Pepper GavulicThere’s a strong case for alternativepricing. If you’re not able to giveclients pricing flexibility, you willlose clients. Many people mistakenlybelieve this discussion is aboutbilling and that ultimately, there is awinner and a loser. This is aboutpr icing – giving clients the value

they seek at a fair cost.

Clients are asking for: predictability (e.g., fixed fees);budgets (implying that law firms get a handle aroundtheir actual costs and manage matters to budgets); andflexibility (recognize that not all matters are equallyvalued by clients and don’t war rant a uniformapproach in project management or pricing).

With the current economic downturn, many clientsare asking for steep discounts, and people assume this isalways how the discussion around alternative pricingwill evolve. Actually these are two separate issues.Clients need a price break right now in tough times.The discussion about pricing is ongoing and will lastfor many years. It has to do with the value equation –how can law firms continue to increase profitability ifthe mechanism of automatic annual rate increases isnot available?What can they do to enhance value fromthe client’s perspective? The Association of CorporateCounsel is showing leadership with its Value Chal-lenge, and all legal marketers would be well advised tolog onto www.acc.com for a look.

As of July 4, 2009,Terri Pepper Gavulic is president and co-founder of Competitive Advantage Training, offering practicaltraining at an affordable price. She has over 20 years ofexperience in the legal industry as a management consultant,author, trainer and professional marketer.

Nathaniel SlavinYour lawyers need to talk with their clients to definevalue and understand their financial pressures beforerolling out a new fee initiative.Value pricing and alter-native fees are two very different beasts. Value should

AsAskk ththee AAuuththooritritieiess

I know our firm should be consideringalternative pricing and value pricing,but our lawyers are hesitant to consideralternatives. How should I get people tostart considering this – and should weeven bother?

be a given, not something open fordebate. Everything that a lawyerproduces should have value that isagreed to by the client. If the clientand the law firm attorneys have dif-ferent definitions of “value,” thenthe client will always be disappoint-ed and the attorney will always be

frustrated. Some firms, such as Valorem, even have avalue adjustment line on the bills they send to clientswhere they can add (or subtract) dollars based on thevalue received

Also, too often firms provide value and fail to commu-nicate that value to the client. If the attorneys areworking hard, writing off hours and otherwise invest-ing in the client, make sure that’s communicated tothe client.

Many firms get stuck in the notion that “alternativefees” is code for “discount;” quite simply, it is not. Fig-ure out what will work with your clients to meet theirneeds on fees. Clients hate when firms reinvent thewheel. If you have a few models in place that workwell for the firm and other clients, approach the client,share the models that are working and ask if any ofthose models would work for them.

Nat Slavin is a partner at theWicker Park Group, a boutique firmspecializing in implementing client feedback. He was the 2007LMA president and can be reached at [email protected].

Kristin SudholzYou should definitely bother. I have seen situations

where outside lawyers are notretained because they are unwillingto offer an alternative billingarrangement. As to how to sell theconcept internally, here are someapproaches:

1. Work with a practice group thathas more routine and regular work

where the lawyers feel confident of the skill and effortneeded, and develop a fixed price.

2. Do a historical analysis of past matters that might besimilar to the matter for which you want to propose analternative fee.

3. Pick a matter and develop and test a fee structure forit and monitor it for profitability.Test on other matters,then share your approach with the lawyers.

4. Develop a desktop handbook for the lawyers onalternative fees that lays out the argument for them(put in statistics from surveys of in-house counsel tobolster your case), best practices, types of fee structureswith examples, worksheets, approval process and ideal-ly, a list of people in the firm who can assist them withdeveloping a fee structure. Of course, get appropriateapprovals from firm management before circulating.

What is most important is to create a comfort level for



07.01.09 – LMAWebinar SeriesMastering the Strategic Planning ProcessPresented by Mary KYoung, partner at Zeughauser Group andKeri Cupples, director of business development at Howrey LLP.Law firms increasingly understand that strategic plans areessential to achieving growth and profitability goals. Seniormarketers often have the skills to play a leadership role in theprocess but encounter hurdles in the process. This Webinar isdesigned to help you hone your leadership skills and overcomeobstacles including:■ Convincing the firm to try again when planning has failed

in the past;■ Reviving and adapting an existing plan that has been

shelved or become obsolete;■ Jumpstarting a planning process that has become bogged

down;■ Ensuring that you are in a leadership role and refining your

leadership skills;■ Integrating office, practice and firm plans; and■ Ensuring impact and accountability in plan implementation.Time: 11:00 am Pacific Time, 2:00 pm Eastern TimeFees: $99 Full Member, $149 Limited Member, $199 Non-member

07.08.09 – Minneapolis ChapterLMA Legal Marketing Industry BenchmarkJoin us for a review of the LMA benchmark results. The mostdetailed and comprehensive survey ever undertaken by LMA,this provides law firm marketing and business development pro-fessionals with valuable data on the responsibilities and compen-sation within our field. Betsi Roach, esteemed executive directorof LMA and member of the LMA survey task force, will providean overview of the survey.Time: 12:00 pm

07.14.09 – The Virginias ChapterMake Rain by Being YouDevelop business by leveraging each lawyer’s unique qualities withspeaker Craig A. Brown, Esq., David Freeman Consulting Group.

07.14.09 – Capital Chapter, Baltimore City GroupBusiness Development in an Economic DownturnBusiness development is a higher priority than ever for legal mar-keters. The downturn has meant marketing staff freezes and evenreductions at the same time lawyers are scrambling to find newsources of business to make up for the severe constraints manyclients are under.The economic downturn is creating many chal-lenges for law firm marketers but it is also presenting opportunities.Time: 12:00 pm

EveEventnt CCaalleenndadarr07.14.09 – Chicago ChapterConducting Client and Prospect ResearchLMA Chicago’s Brown Bag Lunches are designed to be educa-tional while providing a casual, peer-to-peer networking envi-ronment focusing on topics and issues of importance to theindividual legal marketer.Time: 12:00 pm

07.16.09 – LMAWebinar SeriesLegal Transformation Study:Your 2020 Visionof the FuturePresented byTom Clay, principal at AltmanWeil.There are signif-icant practice disruptors that will cause fundamental change inlaw firm business models – that is not at issue.The great challengefor law firms will be the pace and scope of that change. Thosewho meet change with innovation will leave behind those whorefuse to see a future significantly different from today.The LegalTransformation Study 2020 identifies key trends and uncertain-ties in the legal marketplace and presents four provocative futurescenarios for how legal services may be delivered in 20/20.Can’t make it July 16? Register now and a program link will besent to you for later viewing.

07.16.09 – Southeastern ChapterMarketing MeGaining influence – within our firms, with colleagues and clients,and in our professional community – is a significant aspect ofcareer growth and satisfaction for law firm marketing profession-als. In this interactive program, participants will develop strate-gies they can implement immediately to gain that influence andimprove career fit, on-the-job effectiveness and overall satisfac-tion with work, even in a down economy.Time: 12:00 pm

07.23.09 – Southeastern ChapterBeen There, Done That:Tips for Working With theNews MediaFormer news reporter and producer Terri Thornton has practicaladvice for getting positive coverage and encouraging good long-term relationships with the news media. News coverage cangreatly enhance the return on legal marketing investment by rais-ing awareness and attracting clients. But a few common mistakescan send a story in the wrong direction. ■

07.24.09 – Los Angeles ChapterThe Los Angeles Chapter has put together its own stimulus pack-age with the 2009 LMA-LA Continuing Marketing Education(CME) conference.The CME will offer you a unique opportuni-ty to stimulate all areas of your career, your professional develop-ment and your interaction with your clients/attorneys.This year’spackage includes incredible educational programs and network-ing opportunities with in-house professionals, consultants,exhibitors, vendors and other legal marketing professionals.Time: 8:00 am

the lawyers by increasing their sense of certaintythat an alternative fee arrangement will work for thefirm and the client.

Kristin Sudholz is the director of practice development at DrinkerBiddle & Reath LLP and is driving the firm’s efforts with theACCValue Challenge. ■

Do you want toAsk theAuthorities, or serve as an authority?You may submit your questions in confidence to RossWeberat LMA, or a short bio to his attention at [email protected] names and questions will be forwarded to StewartHirsch of Strategic Relationships, a member of LMA’sResources Committee.

For more information about these and other events, visit www.LegalMarketing.org.



He SaidThe June 2009 issue of The Harvard Business Reviewfeatures a cover story entitled “Rethinking Trust” bysociologist Roderick M. Kramer. In the article, Kramerargues that most of us trust others too easily.With theMadoff scandal, the credit crisis and even the demise ofonce-infallible white shoe law firms, media punditsbespeak the importance of rebuilding the public trustin our institutions as a necessary prerequisite to eco-nomic recovery. Kramer suggests, however, that weshould proceed with some skepticism and learn totemper our trust. I agree. Trust is critical to businesssuccess, but doesn’t the economy provide an opportu-nity for us to rethink the definition of success (andtherefore, build trust carefully)? How does this apply tolaw firms and how can legal marketers lead this discus-sion at our firms and with our clients?

Fortunately, the majority of us have not fallen victimto the dissolution of our firm-employer, either drivenby perceived impropriety or by economics. Yet theDreiers and Heller Ehrmans of the world were ourpeers, our brethren, and the circumstances befallingthose firms are ones that affect all of us.Trust is at thevery core of the provision of legal services, and Krameroffers lessons in his article that we would be wise toheed. Even if our firms or lawyers are not grabbingheadlines of the scandalous kind, Kramer’s rules forrebuilding trust actually shadow many of the basictenets of marketing and business development.

Rule 1: Know yourself. Kramer segments people intotwo buckets: those who are overly trusting and thosewho are too mistrustful when entering into a relation-ship. He encourages people to identify into whichbucket he/she falls in order to change behavior. Theeconomy presents a huge opportunity for firms tothink introspectively–at least for a moment–so as toidentify the strengths and weaknesses of the firm andrefocus efforts and client service accordingly. Makesure that the perceptions that the lawyers have ofthemselves and of the firm match what clients per-ceive; otherwise, that disconnect will quickly becomea disadvantage.

Rule 5: Recognize the other person’s dilemma. In times ofeconomic duress, our own concerns and dilemmas areexacerbated and tend to overshadow those of our con-stituents.Where Rule 1 teaches us about client service,

MESSAGE FROM THE EDITORS

DoYouTrustToo Much?Or Not Enough?

by Jeff Scalzi & Jennifer Smuts

Rule 5 shows us that our lawyers and firms need todemonstrate more than ever that they understandclients’ needs and challenges–that we are truly “livingin the world of our clients.”

Finally, Rule 7, and one for legal marketers especially:Remain vigilant and always question.Whether by forceor by necessity due to fewer resources, the practice oflegal marketing and business development todayrequires constant monitoring of the landscape aroundus–both internally and in the marketplace. If askedtoday, a decision made six months ago (or even six daysago) might yield a different outcome, a different choice.

Kramer is the first to point out that the science of trustis not an exact science; nor is legal marketing and busi-ness development. A healthy dose of skepticism, andtemper, might in fact serve us well as we continue tochart a course through the myriad of challenges theindustry faces today.

— Jeff Scalzi, 617/832-7004, [email protected]

She SaidTrust is an interesting topic. In a very informal officepoll I noticed that people generally have a hard timedefining the word trust. But they certainly know itwhen they experience it. Is it a feeling, a thought, abehavior? The “Rethinking Trust” article in the Juneissue of HBR opened my eyes to this topic. Just asRoderick Kramer suggests, “we’re born to be engagedand to engage others, which is what trust is largelyabout. However it’s these connections that make usvulnerable to exploitation.”

Admittedly I am one of “those people” he refers to inhis article that generally judges trustworthiness basedon surface cues that are likely skewed by seeing what Iwant to see versus what’s actually in front of me. (Whatcan I say, I’m optimistic!) However I will say I’ve beenburned enough to admit that I do not have a goodability to “size up” people accurately, so I rely on thirdparties to verify, and then I rely on their biased view tohelp me formulate an opinion.This seems like a lot ofeffort and it typically is. But it’s an exercise we ask ourattorneys to go through with clients day in and out.Now more than ever before, legal marketers are beingcalled on to assist with client development efforts.



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July09StrategiesCovers:Cover 6/18/09 11:31 AM Page 3

When asked by an independent,third party research organiza-tion*: which industry publicationdo you read regularly?

83% of Fortune 1000 in-house lead-ers surveyed said Corporate Counsel.

When asked: which industry publica-tion is most useful in keeping youabreast of legal issues of interest?Corporate Counsel was again the easywinner.

Studies based on one magazine’ssubscriber list won’t reveal any surpris-es. A third-party study tells a differentstory. So, when it ’s time to choose,smart marketers pick the publicationthat the nation’s in-house leaderschoose: Corporate Counsel.

* Beta Research (1/07) Readership profile of Fortune 1000 Companies.

Based on tabulations of 260 surveys completed by Fortune 1000

in-house respondents.

Request a media kit today

212-457-9400 l [email protected]

More Top In-House Counsel Prefer

July09StrategiesCovers:Cover 6/18/09 11:31 AM Page 4

LMA Sample

Documents

Transcript of LMA Sample