Many, many years ago I was on the stairmaster at the gym. The two people next to me were flirting, which included the young woman gossiping about a public official. I was a lobbyist at the time, and I happened to personally know said public official. I slid off my machine and casually told the young woman: “You should be careful who you’re gossiping about. You have no idea who you’re standing next to.” And I left. I don’t know if I made an impression on her, but she made an impression on me. When I’m in an elevator, at a restaurant, or out on the street, I have no idea who I am standing next to. If I take that moment to speak out of turn, be rude, gossip … well, I’ll never know the damage I just caused to myself. The same lesson applies to our electronic footprints, particularly on Facebook. I have a very wide range of “friends” on Facebook. We are all over the map geographically, ideologically, religiously and politically. Some people are close, personal friends and family. Other are colleagues, former classmates, and members of my personal community. I am open to any type of political discussion taking place on my Wall as long as it remains respectful to all involved. I do not allow conversations to digress into name-calling. Period. And, yes, I’ve been known to delete conversations that get out of hand. With only a week before the interim-elections, I would caution us all:  One or some of your Friends will post something you disagree with, and that’s A-OK. The question is: “How will you respond?” I think debate is good. I think differences of opinion and ideology make for a more engaged and educated electorate. I think it REALLY important that people realize that not everyone agrees with everything they believe in. However, we are not wholly anonymous to one another. And, just because we are posting something from the privacy of our homes, does not make it private. Take heed: ANYTHING you post can be seen by your client, potential client, referral source or an influencer within your network. I might not be friends with my boss on Facebook, but how can I be 100% certain we’re not friends of friends?? For that matter, what is the degree of separation between you, the reader, and me? How can any of us be certain that the “wrong” person won’t read something we wrote and make a critical judgment about us from that?? Once again, ask yourself: “How do I want to be perceived by the silent majority of viewers of any Facebook post?”  “Well, we obviously don’t agree on the gubernatorial candidates, but I enjoyed the debate” or “What an A******!” For some reason, there’s never an in between. I don’t think anyone should feel that they cannot have a voice, or fear reprisal for having a political ideology that is not shared by another. Unfortunately, not everyone shares this enlightened position. So consider this your warning. Think before you post. Here some tips to remember before you hit that “share” button or leave a comment:

  • Be respectful.
  • If commenting on someone else’s Wall, take their personal politics into account (just as you would if you were in their home).
  • Avoid insults, name-calling and petty debates, especially with people you don’t personally know.
  • Pause before commenting and ask yourself: “Do I REALLY need to say this?”

And remember,

  • Sarcasm and humor do not necessarily translate.

I know things are tough out there, and a CMO’s gotta do what a CMO’s gotta do. Jolene Overbeck, former CMO for Orrick, Latham, Shearman & Sterling, and DLA Piper, just landed a new job with Hogan Lovells, and of course the rumors have started on her salary:

All that experience doesn’t come cheap. Industry sources say compensation packages for CMOs at top law firms tops out in the $600,000-$700,000 range. And as word spread that Overbeck had joined Hogan-Lovells, the buzz was that she had set a new high-water mark in the process: a compensation package worth $1 million. Overbeck declined to discuss her compensation in detail, except to say that the $1 million figure is incorrect. “I would just say I am regarded to be at the top of the field,” she says. “I am compensated at that level, and I deliver at that level.”

I’ve met Jolene at a couple LMA conferences, but I don’t know her personally. I do know people who’ve worked for her, and she runs a pretty tight ship that’s not the right fit for every legal marketer. And that’s the point of this post. There are only 100 AmLaw 100 firms. But, there are thousands of smaller shops across the country, and around the world, who need sophisticated legal marketing assistance. These smaller firms might not have the budgets, staff members and resources of the larger firms, but they’re doing the same type of work. They’re marketing. They’re communicating. They’re business developing. They’re dabbling in social media. These smaller firms are located in the same buildings. Their attorneys are admitted to practice before the same courts. Their staff get their coffee at the same Starbucks. And, they share in common some of the same clients. Personally, I’ve spent the majority of my legal marketing career in AmLaw 100 & 200 firms. However, my two favorite (and most rewarding) jobs have been with smaller firms (40 and now 75 attorneys). Not only do I personally know each and every partner, of counsel and associate, I get to do much of the same work I did at the big firms, and I’m home in time, EVERY NIGHT, to enjoy a meal with my kids, participate in the school fundraiser (I got PINK’S Hot Dogs to come and cater our Halloween Hurrah later this month), put my kids to bed, and enjoy a little something off my DVR. I travel when necessary, but not enough to be a premier member of anything. I rarely get an e-mail after hours, and everyone is respectful of my outside interests, namely MY FAMILY. I don’t make the money that an AmLaw 100 or 200 CMO makes. But I betcha I make more than the directors under them, and I am home, in my comfy clothes, before they’ve left the building! Now, I’m off to the gym! I get to do that too, every day, at 1:30.

I read somewhere that what you wanted to be when you were 10-years old is your true passion. As adults I think we forget this. As lawyers, I think it is abandoned.

One of the partners at (my firm) Barger & Wolen, Michael Rosenfield, is living his passion this Saturday night on VH1’s Rock and Roll Fantasy Camp. Check Michael out beginning at the 4:00 minute mark, and don’t forget to set your DVRs.

[youtube=http://www.youtube.com/watch?v=DkHcQEN4Y2w]

All “plugging my partner” aside, by incorporating your passions into your life, you 1) are a happier person; 2) have something more interesting to talk about; and, 3) are exposed to a whole new group of people you might never meet. People who might actually need the services you provide.

The commonality of our passions can bring us together and bond us … or they’re just a great excuse to get out of the office and have fun. Either way, it’s a win-win.

So, ask yourself, “What’s my passion? And, am I living it?”

My old boss Steve Barrett shared this story with me many, many years ago. It was meant to illustrate how lawyers really don’t like change. Considering the 8:45 a.m. phone call I got this morning, all I can say is, ten years later, the story still has merit:

The Banana Story

Start with a cage containing five monkeys. Inside the cage, hang a banana on a string and place a set of stairs under it. Before long, a monkey will go to the stairs and start to climb towards the banana. As soon as he touches the stairs, spray all of the other monkeys with cold water. After a while, another monkey makes an attempt with the same result – all the other monkeys are sprayed with cold water. Pretty soon, when another monkey tries to climb the stairs, the other monkeys will try to prevent it. Now, put away the cold water. Remove one monkey from the cage and replace it with a new one. The new monkey sees the banana and wants to climb the stairs. To his surprise and horror, all of the other monkeys attack him. After another attempt and attack, he knows that if he tries to climb the stairs, he will be assaulted. Next, remove another of the original five monkeys and replace it with a new one. The newcomer goes to the stairs and is attacked. The previous newcomer takes part in the punishment with enthusiasm! Likewise, replace a third original monkey with a new one, then a fourth, then the fifth. Every time the newest monkey takes to the stairs, he is attacked. Most of the monkeys that are beating him have no idea why they were not permitted to climb the stairs or why they are participating in the beating of the newest monkey. After replacing all the original monkeys, none of the remaining monkeys have ever been sprayed with cold water. Nevertheless, no monkey ever again approaches the stairs to try for the banana. Why not? Because as far as they know that’s the way it’s always been done around here.

So, dear event organizers, if you choose to change how you’ve always handled your event sponsors, please let us know in advance. Attorneys really don’t like change.

Ok. I’m pissed off today, but in a good mood over all, so go figure. I’m having problems with one of my products. I’ve called – reported it – submitted the issue to the help desk – talked to the person who should have fixed it – they said nothing was wrong, it was me, I wasn’t using it right – I knew they were wrong – I proved my point – I called the boss – they assigned the problem to someone else – they thought they figured out what was wrong – but it still isn’t fixed – I’ve called AGAIN – I’ve e-mailed AGAIN – it’s no longer acceptable – I’m PISSED. So here’s the deal. I haven’t yelled. I haven’t screamed. I haven’t slammed the product or the vendor on Facebook, Twitter or here on my blog. But don’t get me wrong … I’m REALLY pissed. I know shit happens … but don’t let my being and acting professional send you the wrong message. I’m pissed. The question becomes: “At what point will my frustration lead to a negative action?” And when I say negative, I mean taking my money to your competitor (or moving the project in-house)? Think about it. I’m not only a client, I’m a referral source and an influencer. That should mean something. And I know it does. Look, I know how things work. I work in a LAW FIRM with LAWYERS (who LITIGATE for a living), for goodness sake. The squeaky wheel gets the grease. He who shouts loudest gets the most attention. But can’t silent and polite be just as dangerous? Can that silent, polite, yet dissatisfied, client cause as much, if not more damage, and harm?? If a partner is pissed off at me and voices it, I can deal with that. I can address the problem and fix it. I can circle back, confirm that the issue is resolved to THEIR satisfaction, and move on knowing that we’re good. But, if I don’t know that the partner is dissatisfied and angry, imagine all the damage and harm he or she can cause me in, let’s say, a compensation meeting, or my annual review. What don’t you know about your clients’ satisfaction? Is the problem fixed to THEIR satisfaction?? Or are they silently breaking up with you??? photo via www.thenerdybird.com

It happens. The rumor. The gossip. The office buzz. The phones start ringing. The emails start pinging. All hell breaks loose. SOMETHING is happening in your office. But no one is too sure yet what it is. But the BUZZ will take off and the less information people have, the worse the damage they can cause. Just ask the boys at Sterling, Cooper, Draper and the other guy. The fallout from Lucky Strike’s parent company consolidating all of their lines of business with BBDO continued this week. Word is out on the street and the boys at SCD and the other guy are the last to know. Fast forward 45 years and nothing much has changed when it comes to office gossip, except now, with the Internet, well, rumors fly faster and keeping a lock on information is next to impossible. The entertainment world has TMZ and Perez Hilton … while we, in the legal industry, have Above the Law. I have said it here that you MUST stay in front of your message. You MUST maintain transparency. A recent law firm merger discussion highlights the necessity. An announced rumor last week involved a possible merger between legal powerhouses AmLaw 100 firms Orrick (#25) and Akin Gump (#31). To their credit, a confirmation of the discussions was made. However, the panic had already set in for some of my friends at the firms, and I can only imagine what was going on inside the hallowed hallways. What would a merger mean?? We all know many practice groups and partners do not survive mergers due to client conflicts. What about the redundancies (how many marketing directors does a firm need?)? What about Orrick’s model of on-shoring back office services to their Wheeling, WV campus?? What does that mean to the Akin Gump staff???? Well, I got an email early this morning from an insider that the merger talks are off, to a huge sigh of relief. I even sent it out via my Twitter. I then read about it in the blogs an hour later. I don’t think Orrick and Akin Gump could have moved faster on the news than they did. They are staying out in front of the story. The blogs have been kind. They are, however, forgetting about Twitter. One piece of advice: Twitter is going to get the message, and, perhaps, misinformation, out faster than any blog or press release. I just checked and Orrick’s last Twitter message is from October 1 and it is in regards to a design magazine; Akin Gump did post today, unfortunately, there is nothing about the merger discussions. Nonetheless, the conversations are taking place on Twitter (see search results for Orrick and Akin Gump), but they are being lead by people outside the firm, who might not have the firm’s best interests in mind. And that can lead to PR trouble and a weakening of your message. So let us all learn from this today. Whatever is going on inside your firms is only an e-mail tip away from headlining a blog post. We are only a Tweet away from all hell breaking loose. There is no longer such a thing as embargoing information. No more keeping “need to know” information locked down within a conference room or an executive committee. If it’s going on inside your firm, and is salacious in any sense of the word, it will hit the blogosphere, Twitter and, eventually, the main stream press. So here’s what I suggest:

  • You MUST get in front of the story and STAY in front of the story.
  • You have to simultaneously post that press release, e-mail staff, Tweet out the link, and send it to the press and influential bloggers.
  • And then you must monitor the conversations, respond and redirect when necessary.

Phew. That’s a lot of work. But, getting drunk in your hotel room, hoping it all goes away, won’t help. Just ask Roger Sterling.

It was a bad night for the Mad Men at Sterling, Cooper, Draper and the other guy. The firm’s number one client, Lucky Strike, accounts for 80% or so of the firm’s business. This is a precarious place for a firm, or a lawyer, to be. One client controlling this much of your business places your business in jeopardy every day. Roger Sterling found that out at dinner last night. Lucky Strike’s board of directors decided to consolidate all of their business, and of all their lines of business, into one firm … and it wasn’t going to be the boys of Sterling Cooper. Roger is later seen hitting the Rolodex (remember those, kids???) trying to drum up some business. It’s a little too little too late. After chit-chatting with the wife for a few moments, he finds out his client has DIED. UGH. This KILLS me every day. Not the client dying, but waiting until it’s too late. Marketing and business development isn’t about today. It’s about tomorrow. It’s about the pipeline. It’s about the future. You never know when that special, super-duper client the firm has had for 35 years, that has been handed down from senior partner to junior partner, decides that another firm is better suited for their work. To quote the Lucky Strike client, “I don’t owe you anything.” And that’s the truth. A client relationship is about today. Client development is about tomorrow. If you ignore either, you risk failure.

We all know how I feel about directories and such. They’re all about egos, and, well, let’s face it, we all have egos, even me. The ABA Journal is taking nominations for legal blogs (Blawgs), and, yes, there’s a Legal Marketing and Consulting category. And while I can tell you why I think my blog should be included, I’m sure they’d rather hear from you. Just do me a favor, if you choose to nominate my blog, make sure you nominate another one as well. You can submit your favorite legal blogs here through Friday, October 1st.

As I mentioned here, I was invited to participate on a panel at the Legal Marketing Association-Bay Area Chapter’s 12th Annual Technology Program on a panel, Beyond Print: Moving Marketing Communications into the Audio and Video Realms.

The panel was moderated by Jen Klein from Blattel, and included Joe Calve, CMO, MoFo; Brian Colucci, Director of Marketing, Townsend; and Dave Pistoni, Principal and Creative Director, doubledave (great company name, by the way).

First of all, kudos for Jen leading a great session. We had our notes, our questions, who was going to take the lead when and where. But we collectively agreed to let the audience drive the content. Come on. We can talk AT you and tell you what WE think you want to hear as an audience member, or we can actually discern what YOU want to hear and respond accordingly.

Jen asked the first questions, then we, as a panel, began interacting with the audience.

Sometimes the questions came from Jen, sometimes the audience, sometimes the audience were talking amongst themselves, sharing their experiences. It allowed for a lot of energy, and as we (the panel), discussed afterward that we all LEARNED something too. I got some great ideas, and left the room more energized than I was when I arrived.

Obviously, I couldn’t take notes while on the panel, so Lydia Bednerik rocked it by tweeting the program via #lmatech.

After the jump, I’m going to pull a few of her comments out, and elaborate. Continue Reading Beyond Print … Marketing Communications Continues to Evolve