No one likes to think that they are a type, or so a psychologist told Don Draper last night in the latest episode of Mad Men. But, we’re all a type:

  • We all have personal and professional experiences that influence every decision we make, every day;
  • We all receive and digest information differently;
  • We all want what we want, versus what is expected of us.

For years, twelve or so now, I have listened to presentations of corporate counsel talking about what they want from their outside counsel. It rarely changes. I’ve listened to private practice attorneys talk about what they want (usually premium work and more billable hours) from corporate counsel. That never changes. I’ve listened to legal marketers trying to figure out how to get lawyers to interact with clients on the clients’ playing fields, and not the attorneys’. The only thing that changes here are the legal marketers. All kidding aside, over the years it seems to me that the only thing to have really changed in respect to client relations is the technology used to deliver the messages. We have gone from “Out of the Office” pink message pads to voicemail. Then came e-mail, and now text messages. We’ve gone from printed newsletters to PDFs to blogs. But we’re still conveying the same messages. And while the delivery methods have evolved, the senders and receivers of the messages have not. We’re all a personality type. Whether you subscribe to I-Speak (intuiter, thinker, feeler, sensor), Myers-Brigg (extravert/introvert; sensor/intuiter; thinker/feeler; judging/perceiving); DISC (dominance, influence, steadiness, conscientious), or a multitude of other personality systems, the goal is to get one type of person to work and communicate better with another type. All the systems, however, have one thing in common: By better understanding how we personally process and receive information, and by learning how to identify how others do the same, we best communicate and work with one another. The system works for inter-office relations, client teams, attorney/client management, beauty contests, sales calls, etc. Now, back to last night’s Mad Men and our star, Don Draper. While everyone around the conference table grabs a pencil and cookie on cue and begins filling in their bubbles, Don gets up, shakes the psychologist’s hand, apologizes and heads off to his office for a drink. He doesn’t see how understanding himself better will sell more Lucky Strikes. He IS Don Draper, after all. Unfortunately for Don, and for many lawyers, that’s his biggest problem. He cannot see the world through anyone’s perspective other than his own. He has created his world (his own personal sandbox), and everyone must play his game, his way, or get out … and, as we saw in last week’s episode, that goes for clients, too. Unfortunately, this style doesn’t work for the rest of the world (and, really, I don’t think it’s working too well for Don either). For us, I believe by understanding how WE see the world; how WE make decisions; how WE handle stressful situations; how WE prefer to receive, process and deliver information, we can then better understand how our clients and potential clients will do the same. By way of example, I am quite certain that I am as self-absorbed as the next person. It was incredibly enlightening to discover at my first real job after college, that not everyone is an ENTJ like myself, or an intuitor, or a driver. Over the years I have taken many self-assessments during training and coaching sessions. As I have better come to understand myself, I have been able to look at my co-workers in a different light, respecting our personality differences, and differing styles of work. I see how we complement one another, and how, at times, we unknowingly work against one another when we do not compromise our styles. And while some might think the following a form of manipulation, I have found that by understanding the different personality styles and types about me, I can better manage (package) the way I deliver information so that those about me, especially my CLIENTS (who are the attorneys in my firm, and for the most part are thinkers),  can better receive the messages I am trying to convey. Last night Roger Sterling summed it up this way: “It’s a great job … except for one thing … the clients.” I will sum it up like this: “The clients, and all of their differing personality styles and types, make my job great!!” Well, at least it’s never boring.

No trash in my office trash can.

I’m serious. I got a memo from the office of the building and everything. Office trash cans are for recycles only. Trash (including paper plates, cups, napkins, orange rinds, gum, etc.) needs to be taken to the communal trash cans in the kitchen. And, it’s not just an office thing … it’s a BUILDING thing. Double “and,” it’s not just an LA thing, because they’re doing it in San Francisco, too (but they have compost bins as well, to just complicate things further) … and I heard from someone on Twitter that they’re doing it in Chicago (so it’s not a nutty California thing either).

UPDATE: Found out it’s a union thing. Guess the unions don’t think their janitors should have to empty TWO trash bins in every office. COME ON!!!! What next??? Alternating cleaning the men’s and women’s restrooms because there are two on every floor???

Twitter DM autoreply – Ugh. You follow me on Twitter. I follow you back a few days (weeks) later, and I get a STUPID messages like:

Thanks for the follow! I hope we can get to know one another better!

Huh?? Why would I want to get to know your auto-reply better??

Hello. Thanks for the follow! We look forward to learning more about you. Please feel free to visit our Fan page at …

Ummm, I thought you already knew something about me, which is why you decided to follow ME in the first place. And, no, I’m not going to be a Fan. I’m questioning why I’m following you.

Signature lines in e-mails that show up as an attachment.

Come on … I sometimes search for “important” e-mails and “fell through the cracks” items by sorting on attachments, or I’m searching your e-mail for an attachment only to find that it’s just a stupid graphic signature line. Ugh. So, frustrating.

“Gurus” who don’t know the terminology.

Really, now. If you’re Tweeting call it a Tweet. And, no, it’s not “face book” or “You Tube.” It is, however, a website, one word.

Auto posts that are old … as in over a YEAR old.

Why do this?? Can’t you think of something new to say? And, no, the post wasn’t so brilliant that I needed to read it again.

Yes, I know, sometimes you don’t feel inspired, or have the time to blog. Happens to me, too. Check out how many posts I wrote in July. Not that many. However, I would think that most of my readers, followers, subscribers and fans were okay with me saying nothing, rather than just throwing something out there so that they wouldn’t forget me.

But when I follow your link, and see the blog post date, and it’s 6-, 9-, 12-months old, I feel so disappointed, cheated, jipped. It’s a switch and bait. You lose your credibility with me when you do this.

You can fix this by just having a “flashback” post, or a “best of” in the header. Just be transparent about it.

People who Tweet and Blog, but obviously aren’t tracking and following the conversation.

Don’t throw out a conversation topic and not be willing to reply or comment to those who are engaged.

Which leads me to … Using a hashtag on Twitter without searching on it first.

True. No one “owns” a hashtag, but if you’re not talking about basketball, then don’t throw a #NBA into your post. And just because YOU decided that #LMA means “last minute appointments,” doesn’t meant that the hashtag USERS agree with you.

Publicly calling out my typo when a DM or an e-mail message would do.

Enough said on that one.

Emailing my attorneys to learn more about your services, when you KNOW me.

What’s up with THAT?? Bad enough when strangers do it, but, come on … you KNOW me.

People with locked down profiles.

The main thing to know about this whole “social” networking and “social” media is it’s about being social. You wouldn’t go to a cocktail party and refuse to introduce yourself without clearing the other person first, would you? Unlock your profile and tell me a little bit about why I might want to get to know you.

Entities and businesses that try to “friend” me.

You’re a BUILDING, a SCHOOL, a DESTINATION. Start a page and let me “like” or “fan” you. I don’t know who is behind the profile, and once I friend you, you have full access to my profile and pictures of my kids. I won’t do it, and I counsel and warn others against it as well.

Having a surgical procedure at 6:00 PM, which means I can’t have any food or liquid after 7:00 AM.

So, if you’re wondering why I’m a bit cranky on this post today … it’s because I’m HUNGRY and THIRSTY. (But I’m fine, and it’s nothing major … so, please, don’t worry)

Like most of my Facebook friends, I sent the kids to bed at a decent hour last night and engrossed myself in the season premier of Mad Men. For those who missed it and have it DVR’d — this isn’t so much a SPOILER ALERT, but a discussion of a truism that popped up mid-way through the episode. For those who don’t watch the show, not to worry. This isn’t so much a post about Mad Men, but about legal marketing and the responsibility of the lawyer. Don Draper, ad man extraordinaire, blew an interview with Ad Age. He didn’t toot his own horn. He didn’t toot the horn of the firm. He didn’t mention the clients. His aloofness came across as arrogance … challenging the reporter to “do his job,” yet giving up no details. When confronted by his partners, Don defiantly holds onto he’s “Don Draper” and his work speaks for itself. He shouldn’t have to do the job of the reporter, finding out about clients, or how the firm created the latest ad. His partners disagreed. This interview was an advertisement for the firm, and now it was a liability. Senior partner Bertram Cooper admonished Don:

Turning creative success into business is your work.

Wow. How simple, succinct, and so very true. Yes, lawyers, that’s what it comes down to. It is YOUR job to turn YOUR success into new BUSINESS. The marketing department and the business development team can open doors, help create opportunities, make the reservations, help fill the table, get the reporter on the line, get you in the room. But, once the doors close, the hands are shaken, and the business cards exchanged, it is YOUR job to turn YOUR success into new BUSINESS. You need to SPEAK about your wins and successes. You need to SHOW your expertise. You need to STAND IN FRONT OF your work. You might not be able to mention your clients in specific marketing materials, or on the website, but you can showcase your capabilities: You can upload your public record filings to JD Supra. You can blog about similar cases to the ones you handle. You can speak about your expertise at conferences. Marketing: We can make it all look pretty, coordinated, sleek and professional. Business development: We can help identify the opportunities, get you in front of the right people, provide you with the background and competitive intelligence. Communications & PR: We can help put it all into words, and get it out the door and in front of the right people. As for you, the lawyer. What is your your job and your role in all of this?? It’s very simple: Your job is to turn your successes into new business.

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??

View from my hotel balcony
Ahhhh. I’m back from vacation. A real vacation. A vacation with really crappy WiFi (though the resort was fabulous, other than that) so that I couldn’t work even if I wanted to. It was the kind of vacation where you delete all the emails you get, except those from the really important people … and you only deal with those when you get back to the office. The kind of vacation where I actually read several books on my new nook, played lots of Yahtzee with the kids, and worked on my tan by the pool while sipping drinks with fruit hanging out of them.
View from the pool, looking out over the ocean.
I had that kind of vacation where I ignored my Google Reader, Twitter, industry news and gossip (other than that reported by TMZ and Perez Hilton). Yes, it was that kind of vacation that’s supposed to recharge me so I can get through the rest of the year until my next vacation (between Christmas and New Year’s … but who’s planning?). So, here I am sitting at my desk, trudging through my e-mails and catching up, planning a business trip for the end of the week to my San Francisco office and wondering … what am I going to blog about?? As Scarlett O’Hara profoundly stated,

I can’t think about that right now. If I do, I’ll go crazy. I’ll think about that tomorrow.

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?

Attorneys and legal marketers in Florida routinely face one of the most comprehensive and detailed sets of state restrictions on attorney advertising. Pre-publication review of advertisements, an outright ban on testimonial advertising, and rules that interpret Facebook “friend” requests as unlawful solicitation are but a few examples of the constitutionally-overbroad reach of the Florida Bar’s advertising rules. While the advocacy group Public Citizen and a number of Florida attorneys have attempted to challenge these rules in federal court, the Florida Bar has done an effective job of rebuffing or delaying this litigation. The latest example is last week’s 11th Circuit decision in Harrell v. The Florida Bar. Despite the decision’s length (some 63 pages), it effectively kicks many of the issues down the road to be decided at a later day. So, for the time being, Florida attorneys are left with most of the issues raised in Harrell – issued related to the vague and often arbitrary nature of the Florida rules and their application – unanswered. Nonetheless, there are several bright points to be found in the decision:

  • While not ruling on the issue directly, the 11th Circuit indicated a willingness to consider whether many of Florida’s attorney advertising rules, including those that prohibit “manipulative” ads and those that “characterize the quality of the lawyer’s services,” are impermissibly vague. Whether through further litigation by Harrell or the Florida Supreme Court taking it upon itself to clean this up, greater certainty would make the work of legal marketers in Florida far easier.
  • One of Harrell’s primary issues was his use of the slogan “don’t settle for less than you deserve.” The bar had flip-flopped on the slogan, approving it at one time and then reversing itself years later. In the course of the litigation, the Bar flipped again, approving the slogan and then moving to dismiss Harrell’s complaint as moot. The Court of Appeals rejected the Bar’s mootness argument, finding that “the circumstances here raise a substantial possibility that “the defendant has . . . changed course simply to deprive the court of jurisdiction.” This means the federal district court will be able to hear Harrell’s challenge to the Bar’s vague and arbitrary approach to reviewing advertising.
  • The one area where the Court provided attorneys and marketers the most guidance was around the Bar’s requirement that lawyers submit TV or radio ads for review at least 20 days prior to the first planned airing date. Harrell challenged this rule as an unconstitutional prior restraint on speech, but the court, relying on a long line of cases addressing the commercial speech doctrine, found that this 20-day filing requirement is constitutional.

Although it’s unfortunate that the Harrell decision did not get to the bottom of the vagueness that resonates in Florida’s rules, it did offer a step in the right direction. Hopefully Harrell will continue to press this case in district court, and rules can be pruned back to the point where they are both constitutional and amenable to consistent interpretation by those marketing legal services in the Sunshine State. By Josh King Josh is General Counsel & Vice President of Business Development at Avvo, Inc. He writes and speaks frequently on issues related to interactive media law and legal ethics.

Over the weekend I received a couple notices from friends who are leaving Facebook and other social networking sites for “real” relationships. They’re asking that people “write” them — snail mail … not even e-mail — if they want to keep in touch.

Buh-bye.

Look, I have a hard enough time MAILING my two bills a month that I can’t pay on-line … I just don’t see myself writing LETTERS to K.I.T.

As Bob “I’m almost 70-years old now” Dylan once sang, “The Times, They are a Changin’.”

The cell-phone is so 2008, and you are so 2-thousand late; it’s all about text messaging today. And, I don’t know about you, but I get more e-mail messages via my Facebook in-box and Wall than directly to my e-mail, for both personal and professional communications.

And while we’re dumping technology “trends,”  let’s just give up the cell-phone/Bluetooth combo for calling mom each week while driving into work (you really should go visit her). Dump those satellite channels and the DVR (hey, if you can’t make time to watch the show live, with commercials intact, why watch it at all??). And dump that RSS news feeder and start subscribing to Time Magazine again for your weekly news.

Wake up people. The way we communicate and receive information has changed, and it’s continuing to evolve. Who knows what it will look like next year, let alone five years from now.

If social networking and social media aren’t for you, if you receive no value from the tools, either personally or professionally, that’s fine. But don’t try and shove the genie (or me) back into the bottle.

Yes, my friends will leave social networking, and then they’ll wonder how we all knew about the new baby our mutual friends just had, the party that they missed, and the prayers we’re all saying for a friend’s niece.

I’ll miss the photos they post, hearing about their adventures in travel, and learning more about them, which enrich our personal exchanges when we see one another.

No, social networking shouldn’t replace “face-time” with friends, colleagues and loved ones. We all need to “log-off and meet-up” more than we probably do. But, in the harried and transient lives we live, how wonderful that when someone moves far away it’s no longer “good-bye” forever … just, “we’ll catch up later on Facebook.”

Hat tip to Patrick Lamb for his post discussing Richard Susskind‘s The Stages of Change:

Stage 1:  “What you’re saying is worthless nonsense.”

Stage 2:  “What you’re saying is an interesting but perverted point of view.”

Stage 3:  “What you’re saying is true but quite unimportant.”

Stage 4:  “I have always said so.”

For those of us (current or former) in-house  legal marketers, we can all recount stories on the evolution of change (or buy-in) that takes place within our firms.

Stage 1:  An idea is presented at a partner/practice group meeting, eyes peeking up from smart phones, feigning interest in the PowerPoint slides/handouts, waiting to bolt out of the room once “Do you have any questions?” is uttered.

Stage 2:  One-on-one with a partner you begin to notice that shoulders do not bristle when said idea is mentioned in casual conversation around the water cooler, or across the desk when discussing business development opportunities.

Stage 3:  Acknowledgment that competitive law firm is doing said idea, but lack of confidence that it will work HERE.

Stage 4:  Attorney walks into office excitedly announcing: “I have this GREAT idea!!!”

For me, I’ve come to find it takes 18-months, give or take, to get from Stage 1 to Stage 4.

Legal marketers just need to have patience, and the fortitude to know, that what appears to be lack of support for an idea does not necessarily mean the out right dismissal of that same idea.

This Friday, June 18, 2010, I’ll be joined by Renée Barrett, Jay Pinkert and Ed Poll at the Los Angeles County Bar Association‘s 3rd Annual Small Firm & Solo Practitioner Conference where we’ll present on:

What Happens in Vegas Stays of Facebook

Strategies – and lessons learned – to help you

develop and build your social media footprint

We have an aggressive agenda and will cover topics including:

  • From E-Mail to the Social Media Highway
  • The Tools
  • A Balancing Act (your social media portfolio)
  • 360° of Me (how much do you share??)
  • Best Practices & Success Stories
  • Pitfalls
  • Ethics
  • Promoting Your Blog
  • Directories
  • Time Management
  • Conversion (Turning conversations into clients)

We hope to see you there, if not, you can follow the Twitter conversation at #solocon.