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It’s that time of year.

The invoices and renewals are making their way to my inbox.

I’m going over the 2014 budget and looking to see who’s been naughty or nice.

I have to decide who stays and who goes. Who gets voted off my legal marketing island.

My number one request?

Show me the value!

Why should I renew my subscription, whether for a directory listing, or conference sponsorship? Did I get my $2400, $5000, or $10,000 in value?

Three recent and very real scenarios paint the picture for me.

Scenario 1: Annual association membership, including conference sponsorships at additional financial investment. Annual cost: Big Bucks. ROI: Great potential for new relationship building. Speaking opportunities. This group has the right people, but are we meeting them?? It’s definitely valuable, but expensive. Not too sure, but I need answers.

Continue Reading Breaking up is hard to do – Vendor Style

woman-drinking-coffee-computer-283x200In Let’s not be like the lawyers (Let’s not attack the example), I responded to what I thought was a deflection in the responses to Noam Scheiber‘s article, The Last Days of Big Law. At the bottom of that post I have a collection of “read these” articles that I keep updating. Here’s that list if you’ve missed it:

I will continue to update both lists as I find new articles.

I am late to the game blogging on The New Republic article, The Last Days of Big Law.  To quote my friend Diane Hamlin:

Let’s not be like the lawyers. Let’s not attack the example.

I would caution us here to not dismiss the premise of the article, there is big change in the legal industry, by attacking the example.

Is Noam Scheiber‘s article perfect? No.

Does he make some great points that we should be discussing? Absolutely.

But why are we wasting time arguing over whether the glass is half-full or half-empty when there is a hole in the cup?

Continue Reading Let’s not be like the lawyers (Let’s not attack the example)

trouble-with-tribblesNot sure if you’ve checked your in-box yet, but there’s another opportunity for you to purchase an ad based on your latest ranking. Oh, I know you are a preeminently, super, best lawyer, but please, stop buying these ads. The opportunities appear to be multiplying like tribbles, or ads for male enhancement paraphernalia in my junk mail folder. Yes, this one looks cool, and that magazine is great, but no one, no one, no one, especially a general counsel, will base their purchasing decisions on these ads and rankings. I have seen a few RFPs asking to know how many lawyers are Chambers or Martindale AV ® ranked, but I am very skeptical of how and why that question got in there in the first place. These “opportunities” are all about playing on the lawyer’s vanity, and some company making money off the plaque, video, or ad. Not sure if you realize this, but they never contact the marketing department on these opportunities, because they know what we know:

  • They mean nothing.
  • They are all for show.
  • They are all about selling advertising.

Don’t get me wrong. I am not against advertising when it is part of a branding campaign and done well. However, the purchasing of a vanity ads does not fall into this category. I do believe that you can strategically use the information to your advantage, but it needs to be strategic, which does not include purchasing an ad. General counsel do not hire you because of a ranking. They hire you because they have a business problem, and you have the skills and knowledge to solve that problem. You do not need one of these countless directories to tell that story for you. With all that said, if you’re cool with knowing that we will not be able to measure new business back to the vanity ad, that it is all for show, and it does not influence the purchasing decisions of general counsel, I’ll go ahead and spend your money for you. I’d rather get a new pair of shoes. But what the hell. At the end of the day, it’s not my money.

Going through my e-mails this morning and guess what?? I’ve been selected to join the newest and greatest online legal directory, ever.

Seriously, people. Stop with the new legal directories. I don’t care if it’s online. Made for the global world today. Will bring me all the clients my firm will ever need. Or that it is free.

Whatever.

What latent needs is your new directory going to satisfy that any of the dozens currently on the market are not?

Please, I beg of you. Why do we need a new legal directory? The lawyers are not, for the most part, using the ones that are out there. Why? Because that’s not how people purchase legal services, and the attorneys see no inherent benefit to them to spend the time and effort to join, yet another, online legal directory.

For the most part, we are still in a referral model. Or we’re Googling by issue or business problem. Which is why it is important to have a footprint on the Internet. But being listed in a “new” legal directory will not do much.

A sophisticated purchaser of legal services “might” got to Martindale.com, but not many these days (check your Web site stats).  Some might do a Google search. But, for the most part, they will pick up the phone and place a call, or tap out an e-mail, to their colleagues, or current counsel, and get a referral.

Then they will do their due diligence, which is what having an Internet footprint is all about.

Rant over.

Going back to do real work that actually has the probability of bringing in new business.

I just checked my calendar and, yup, it really is 2012.

Other than the earth coming to an end later this year, it’s about fricken time you got a website.

There just aren’t any good excuses out there.

Yeah, I’m talking to you solo and small firms out there.

And this is especially true for those of you who represent consumers – family law, divorces, child custody, employment matters, trusts & estates. I’d add personal injury, DUI and immigration to the list, but those folks are marketing machines.

Seriously. If you Google yourself or your firm, what do you find? If the answer is NOTHING, than you are LOSING business every day, and you don’t even know it.

Case in point:

Continue Reading Get a fricken website already

Thank you to guest blogger  Gail Lamarche for recapping Lexblog’s webinar, Find Your Voice – Speak With a Purpose , featuring Faith Pincus.

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Once again Kevin O’Keefe offered LexBlog’s clients a great webinar on March 16 with Faith Pincus, a licensed attorney who trains lawyers (and others) nationally on how to enhance their speaking ability. Faith blogs at Speech Advice. Faith began her presentation by quoting Thomas Edison,

Opportunities are missed because they are dressed in overalls and look like work.

Speaking engagements are work, but they are also excellent opportunities which allow you to shine as an expert in your field.  So how can you get speaking engagements? Think of Your Audience To whom do you want to speak? Typically, for lawyers, the audience can be broken down to three categories:

  1. attorneys that can refer clients to you;
  2. attorneys that can hire you directly; and,
  3. attorneys that can bring you on as a consultant;

Then, reach out to groups or associations that can refer business to you. Perhaps it’s a Realtor or builders association. Also check your local chamber of commerce websites for clubs, don’t forget the public can hire you directly too! Faith gave an example of trust and estate attorney she worked with, he found great success speaking to local church groups. Think outside the box! Who To Approach Once you determine your audience, do your research. Find out who handles the guest speakers for that organization and research the person who you will be “pitching”. Check social media avenues to see if you’re connected to them in some degree on LinkedIn. If you have a connection in common, reach out for a referral. Having a personal connection by someone who can attest recommend you is better than a cold call. After all, it’s all about relationships. How To Ask – Back to Basics If you can’t go that route through a connection, e-mail (or make a good ole fashioned phone call) and offer to speak for their group…nicely! Faith cautioned not to be arrogant by saying “you are the king or queen” of “x.” Offer to speak in a friendly, causal, but professional manner. There is nothing wrong with asking people for speaking engagements. The answer is always no if you don’t ask. If there’s a specific venue or program, ask to speak – especially if you are speaking for free. If you want to speak for a fee, that’s a whole different ball game. Be sure to include your background and qualifications, let them know why you are an expert in your niche. Also mention any honors or recognitions you earned (top 100 lawyers, 40 under 40, etc.). If you have an audio clip, presentation outline, newsletter or blog post, offer it to the conference organizer. Make Speaking Engagements Worthwhile If you are going to make the effort to speak, do a good job by meeting the needs of your audience. Faith recommends to show up at least a half hour early to meet your audience.  Ask them why they are there and what they wanted to learn. That way you can tailor your presentation on the fly and, as a bonus, you have that one-on-one connection. Faith also shared the “don’t” list:

  • Don’t show up 15 minutes before and just stare at your notes. Use this opportunity as much as you can to network. You already known as the expert. And have a better chance of getting referrals.
  • Don’t wait until the night before to prepare. Practice, practice, practice.
  • Don’ read, work from an outline. Get a DVD on public speaking, go to Toastmasters and check out Six Minutes blog, do everything you can to improve.
  • Don’t put up a whole bunch of text on slides and just read off them. PowerPoint is meant as a visual aid. Prepare an outline, review it and mark where will slides enhance what your message. Then find images, perhaps even create custom cartoons. Need inspiration? Prepare a leave-behind with the information.

Marketing

  • Use your blog pre and post event. Check out Class Action Countermeasurers. It lists topics on blogs with links to the presentations, speakers and organizations. Include your speaking engagements on your firm bio.
  • Repurpose your presentation. Use it as a blog topic or article in a newsletter. Plan ahead and ask if you can get an audio copy of the event. If you can’t, there are recording devices that can attach to a lavaliere. Hire a professional audio editor (at anywhere from $40-$100/hour) to get nuggets to post on your blog and website. The audio editor can make a nice introduction and cut out the “um’s and ah’s.” When you have a good video opportunity, use it.
  • If you get evaluations from where you speak, hang on to them for next time you want to speak. Get testimonials and get audio sample to pitch to other organizations.
  • Use social media. Post your presentation on Slideshare, an excellent resource for research and a plug-in application on LinkedIn. Speaking of LinkedIn, do you lawyers know that LinkedIn has surpassed Martindale Hubbell in lawyer profiles?
  • There’s also TripIt which allows your connections to see where you are going and when you are speaking.
  • Write a blog post before the event: hey I’m going, hope to see you there; here’s my email, reach out to me. A perfect example, is our Legal Marketing friend, Nancy Myrland. While there, do a short blog post on what you have seen, observed and learned. When you return from the conference, highlight hot discussions and share with your audience.

Recommended Reading:

  1. Swim with the Sharks Without Being Eaten Alive
  2. Slide:Ology

Q&A Kevin shared the following audience questions:

  • Q:  How do lawyers let people know what they do when they are speaking in front of a large audience? A:  Faith, Present in a thoughtful manner. Include short war stories and mention in the course of your presentation how you help your clients. Also prepare a leave-behind and include a checklist that is valuable, something your audience needs to refer to over and over again. Get that top of mind awareness.
  • Q:  Toastmasters, yay or nay? A:  Faith, Yay. Toastmasters is an excellent organization for people to get over the fear of public speaking and nervousness. The program is designed to allow you to practice over and over again in a non-pressured environment. The audience is just like – not trained public speakers that need help. Of course, you can also hire speaking coaches, like Faith.
  • Q:  What can you do with all those videos from previous presentations? A:   Faith, Hire professional video editors (typical hourly rate $60-$70/hour). Split up the video in two minute segments with great sound bites and post on YouTube, your website and blog. The video editor should be able to do a nice phase in and phase out and don’t forget to add a byline.
  • Q:  What can I do if I don’t have any video presentations? A:   Faith:  Go to an A/V recording studio and do a 5 or 10 minute presentation. A:  Kevin:  Bloggers have power to get speaking engagements. In fact, Kevin’s speaking engagements grew tremendously after he started blogging. He recommends: 
    • following blogs and publications distributed by organizations that invite people to speak via RSS feeds (or your Google Reader);
    • follow them on Twitter
    • reach out and connect with then on LinkedIn
    • get to know conference coordinators, become their confidant and someone they can trust
    • use your blog tools; share word of events on your blog; set up a speaking engagements or presentations topic that’s easy to find

    Two main take-aways:  do your research to get a speaking engagement and once you do, don’t waste the opportunity.

A couple people have asked me my thoughts on the “Best Law Firms” Survey by U.S.News and Best Lawyers® which were just published. Normally, I don’t take great stock in rankings and surveys. For the most part, they are vanity propositions designed to sell advertising. Very few hiring decisions are made on rankings and surveys. And, let’s face it, they’re a pain in the ass (my blog, I can say that). That being said, there are times you must play, and times when you can ignore. I play when the external exposure is too great.

  • You don’t want your clients flipping through the inaugural issue of the “Best Law Firms” Survey by U.S.News and Best Lawyers® and not find you there.
  • Chambers USA is too high-profile, and, let’s face it, they do the most legitimate research of the nominated firms and individual attorneys.
  • If your practice/industry have annual lawyer surveys (usually managed through an industry or trade industry publication).
  • If you have a strong local presence, or consumer-based practice within your city, you don’t want to lose out in the annual publication of Best Lawyers or Super Lawyers in your city magazine or newspaper.

When do you not play?

  • When it is 100% vanity.
  • Anything that begins with “Who’s Who.”
  • No local practice, don’t waste the time or money on your local newspaper.
  • We’ll just ignore Martindale’s AV Ratings for now.

When it comes to rankings and surveys, you need to decide what is of benefit to you, your firm and your practices. But, it really shouldn’t become a full-time job. All of this being said, I want to give a special shout-out to the attorneys at my firm, Barger & Wolen LLP. We received a First-Tier ranking in the Inaugural “Best Law Firms” Survey by U.S.News and Best Lawyers® for Insurance Law. Sweeter yet, our main competitors ranked in the second and third tiers. Not that we were checking.

I just got off an interesting survey call with BTI. I was pretty candid with my answers, so I’ll either throw the bell-curve off, or make for some interesting “comments.” At the end of the call I was asked if there was a question that they hadn’t asked? I thought for a few moments and came up with one:

What am I not doing today that was standard/common practice a few years ago?

Very quickly I popped out my answer: Advertising. I have lots of friends and colleagues who sell advertising in leading publications, and I feel for them. Personally, I just don’t see the point anymore. I no longer place articles in publications … that’s what the firm’s blogs are for. So why would I place ads there?? Face it. The reading habits of Americans, and, better yet, decision makers in the legal industry, have changed. Google is now the #1 research tool. And, honestly, how often do you pick up a newspaper? I live in LA and don’t commute on a train where a newspaper would come in handy, so I read my news online. The individual articles are delivered to my Google Reader, my Twitter stream, my Facebook Wall, and now I can have the whole newspaper delivered directly to my nook when I so desire. And then I thought about how many magazine subscriptions I have let lapse over the past few years. And, for those magazines I still receive (for work it’s The American Lawyer and Business Insurance), the majority of the articles I have already read online before the magazine actually arrives in my in-box. And speaking of magazines, has anyone else noticed that they’re more like pamphlets these days? Save for the AmLaw 100 issue of The American Lawyer (which is akin to the Swimsuit Issue of Sports Illustrated, or the Fall Issue of any fashion magazine), we’re looking at about 100 pages … and the advertising is NOTHING like it was a decade ago. I used to flip through each issue of The American Lawyer, pulling out every law firm ad, and I had FILES. In the latest issue sitting on my desk, there are 10 full-page ads, and 4 half-page ads from law firms in the 110 pages. And, other than Perkins Coie and Winton & Strawn’s submissions, I’d have a hard time remembering any of the law firms … and I have a vested interest. I’m not saying I’ll never advertise … I just think the practice of advertising has changed. It’s no longer about full-page, 4-color placement, month-after-month. For me it’s about targeted and focused audiences, along with measurable statistics. I remember speaking with the Martindale-Connected folks a couple years ago as they were building out their social media/networking product. At the time they were still focused on the subscription model á la the MH Directory. I told them that social media/networking is free to the user; however, I’d be interested in banner ads that popped up when someone searched for a specific type of lawyer in a specific geographic area. That idea was originally rejected … but I am so grateful to see advertising on there not only from law firms, but I just saw an ad for the new Jaguar XJ. The same thing goes with companies like JD Supra, Mondaq and Lexology. The products are free to the end-user. I do pay a minimum fee to post articles (my entire budget is less than the cost of placing ONE ad in the local business journal). However, it’s the reporting that I receive which is so valuable. I can instantaneously see the views and click-throughs. I know the companies who are viewing our posts, along with the titles of the individuals (and, in the case of Mondaq, the actual names and contact information of the individuals). Via my blog and website stats, I can see the referrals and increased search result placement. The phone is ringing more. The recognition is increasing. The opportunities are getting better. Once again, those are the results I am looking for. And, especially with JD Supra and Lexology, on a daily basis my firm’s blog posts are right there, next to our AmLaw 100 competitors. Once again, my budget for all of this is less than the cost of ONE advertisement in the local business journal. Targeted, focused, immediate stats, the evening out of the playing field … that’s advertising that I can buy into. I’m sure that there are people out there who will jump to the defense of standard advertising, and that’s fine. If it works for you, great! Spend $10-20,0000 per ad (not including the pre-production costs). I just have a different approach that is working for my firm … today. So, Coolerites … what are you NOT doing today that used to be common practice??

I was asked today by a colleague and friend, “What innovative things are you doing there?” (at my firm). My first reaction was to feel a little shame … and guilt. We’re not rolling out any new software, or launching any new programs. I have a proposal in to redo our website with some forward thinking features, and I have a Facebook page ready to launch as soon as I get the green light. Nothing really “innovative” there. And then I thought, “Well, what is innovative?” To tell you the truth, I don’t know what “innovative” is, and I don’t think it really matters. What matters is that our lawyers are busy, and our clients are happy. All things being equal, clients hire attorneys they know, like and trust. It’s been like this for the 12 years I’ve been in legal marketing, and I’m sure it was like that before I joined my first firm, and I don’t see it changing any time soon. I believe what has changed is within the “knowing” and “liking” parts of the equation. I do not think the “trusting” part has changed much. So how has a client getting to know an attorney changed?

  • We know that general counsel are turning more and more to Google for legal research and due diligence.
  • We know that general counsel no longer depend solely on referrals from trusted colleagues, current counsel and Martindale-Hubbell.
  • Law firms have more direct control in how we position the firm and the attorneys via our blogs, attorney profiles, SEO, etc.
  • Advertising, while not dead, has certainly morphed away from magazine placements, to targeted online placements.
  • By-lined articles and newsletters, while not dead, have given way to blog posts and e-zines.
  • Monthly breakfast briefings have given way to webinars.

So how has a client getting to “like” an attorney changed?

  • Through blogging, expanded LinkedIn profiles, Twitter and inviting clients into your “personal” space, via Facebook, for instance. These online tools and applications open up an attorney’s personal interests to the client in a non-aggressive manner. It allows for the sharing of content that includes both professional (a news article), and personal (you’re off to see a favorite band play, or you just received your iPhone4). Clients get to discover and uncover commonalities, through such subtleties as the Groups you join via LinkedIn, which might not be revealed any other way.

I have two stories here from Facebook. Both interactions took someone from my “external” circle of “friends,” and brought them closer:

  • I have a colleague in Florida whom I have yet to meet in person. Through a Facebook note, I realized that she (Vivian) is married to her high school sweetheart, Darl. Well, my grandmother’s name is Vivienne Darl. What a coincidence. That coincidence drew us into a deeper personal conversation, which has allowed us to uncover more commonalities, heightening our level of knowing, liking and trusting one another.
  • I’m working on my family tree and have one ancestor, William Jay Doyle, traced back to Philadelphia in the 18th Century. Unfortunately, there are two William Doyles living in Phillie at that time, and I am having a hard time confirming which one is mine. I noticed a colleague, whom I had met at a recent LMA Conference, and then “friended” on Facebook, changed her town to Doylestown, PA. I recounted my story. Low and behold, she did a little digging, and her town was founded by a William Doyle. Is it MY William Doyle … I’m not sure, but it’s a great lead! Once again, how would that information EVER be uncovered, other than by chance of a status update? As for me and my “pal,” well, Doylestown, and a visit to her farm and family, are definitely on my list of future vacation spots with my family.

Through all of the changes in technology we’ve experienced in the past few years, what hasn’t changed is the “trust” factor. We might get introduced, researched and “found” via “innovative” technologies, but, when it comes down to it, trust is built when we “log-off and meet-up.” Sometimes this is via a phone call, but, at some point, it has to come down to “face-time.” Lawyers must continue to get in front of clients to solidify relationships that have been introduced and developed via technology (either the phone, email or Internet/social networking). I think a lot of firms, in the name of “saving travel costs” are sacrificing in-person client development to the detriment of building and strengthening relationships. So, what is my firm doing that’s innovative these days? We’re getting out of the office and spending the day with our clients. We’re getting on planes and visiting our clients in their business headquarters. We’re taking our CLE seminars in-house. We’re walking the halls, and we’re shaking hands. It might not seem innovative, but, really, what is?