If you saw an injustice in the world, would you stick up your hand and say something? Or stand by and watch it happen, again? The world is full of examples of individuals and governments standing by and saying nothing while atrocities rage. “Never again” is a slogan we all know from WWII. Yet, every day the world turns a blind eye, somewhere.

So, would you stand by and say nothing if you saw bad marketing or advertising by a colleague, a client, or (gasp) a competitor?

Whenever I have seen a bad advertising or marketing campaign I often wonder, “Who in the room thought this was a bad idea and said nothing?” “Who chose to not speak up in fear of what others would think of them?” THAT is the person I would want to fire.

One thing that I believe “differentiates” me from my competitors is that I am pretty darn average. I am born on the cusp of Baby Boomers & Generation X. I am that sweet spot for advertisers per my socio-economic background, education, age, marital status, consumer habits, etc.

So here’s my point: If I’m thinking it or seeing it, I wonder how many others are? And how many of them will actually speak up before it is too late?

I’ve told a partner that his edits reminded me of McDonald’s and “99 Billion Served.” I showed another partner that, on first glance, the font and design chosen by the client for their new bottled water looked like “phallic water.” Not the imagery they were going for.

And when a firm’s new logo was launched I heard my peers gossiping that it looked like a melting Big Stick Popsicle. Ironic thing is, when speaking to internal folks, I heard many of the same comments and more. However, I don’t think anyone stood up and made certain that their feedback was heard.

This morning I let a colleague know that his campaign, while cute, was striking me the wrong way. The imagery took me to the wrong place. It wasn’t how I, as the consumer, wanted to be thought of. What he does with that feedback is his own business.

I don’t know if anyone else will choose to speak up, but I value my relationships too much to allow bad marketing to happen to good people.

Another day and more bad news. If you’re sitting in your office wondering what redundancy reviews, halved or no bonuses, and more partner departures (from the good practices) mean to you, it means it’s time to update your resume. It also means it’s time to get to work creating your presence, managing your reputation, and networking.

Google yourself. If you can’t find yourself, neither can you future employers. If you find questionable returns, so will your future employers. You need to get to work to raise your profile, or push down the questionable content.

All about you

  • Create profiles on LinkedIn, Google Profiles, Facebook and Twitter. There are hundreds of others as well. Click here for a good list of what’s available.

  • Create your own blog that spotlights you and will help to differentiate you in the marketplace.
Contribute, Contribute, Contribute
  • Twitter posts are now being indexed by Google. As are the comments sections in highly visited blogs.

Manage and control your reputation.

  • Review your Facebook and MySpace pages.
  • Delete anything that is non-professional (including your friends who post questionable content).
    – Update your settings to create more privacy, allowing you to control who sees what.
  • Connecting on LinkedIn.
    – Upload your connections and start building your network.
    – Solicit recommendations from current colleagues, industry leaders.
    – Write unsolicited recommendations for your colleagues as well.
    – Update your profile to open your network, if closed. It is valuable to show people who you know.
    – Answer or ask questions that showcase your knowledge.
    – Join groups and continue to network through those
  • Other places to maintain profiles include Legal OnRamp and JD Supra for the lawyers out there. Both communities also allow you to contribute and share content.
  • ABA has started a new network for legal professionals, Legally Minded.
Start leveraging your network
  • With LinkedIn, Facebook and Twitter, you can see who your contacts know.
  • Start asking for introductions, make new friends, and follow.
  • Legal OnRamp has created a Career Ramp specifically to assist those recently laid off. More details here.
  • Never underestimate the generosity of others. Pick up the phone and call the “gurus” in your industry or community. Most will be happy to provide you with help, assistance and guidance.
Other stuff
  • Start cleaning up your files, emails folders, etc. Make certain you have good examples of your work product for your portfolio.
  • Read a few good books. The First 90 Days, Talking 9 to 5, Knock em Dead, 48 Laws of Power are a few of my recommendations.
  • Buy a new suit, shoes and accessories. First impressions count!
  • Show up at any and all networking events, dinners, cocktail parties, Tweet-ups. If cost is an issue, ask if they need volunteers to assist.
  • Always, always, always give credit where credit it due.

Thanks to

Melanie Green, Brian Tannebaum, Travis Franklin, Omar Ha-Redeye, John Christiansen and AdrianLurssen from JD Supra for their great suggestions.

It’s that most wonderful time of the year. Everyone is torn between on-line shopping and working. And, for the lawyers out there, they have to get those final hours billed. They have to get those year-end bills out to the clients, and turn them around before December 31st.

On top of it all, they’re all wondering: Do I have to send client gifts? Do I need to send holiday cards? Can I have my secretary sign the holiday card? Why is the marketing department on me to visit my clients? Marketing plans? Budgets? Ughhhhh!!!!!!

Yes, it’s December. And this year we all have the added pressure of the unknown. Will the recession take off or will the economy pick up? Will my work be valued, or will I be jettisoned like the corporate finance folks? Are my clients flush with cash, or are they caught up in the credit crunch?

There is a lot to think about right now. But client service should never be set aside, good times or bad. There are three simple things you can do, every day.

  1. Know your clients.
  2. Know your clients’ businesses.
  3. Add value to your client relationships.

If you’re not already following your clients on-line and in the press, don’t delay any longer. You must do the following:

  • Set up a daily Google alert on key clients, key people, and key words/terms.
  • Register on clients’ websites to receive newsletters and press releases.
  • Subscribe to clients’ corporate and personal blogs.
  • Add their blogs to your Blogroll.
  • Connect with your clients on LinkedIn, Facebook and Twitter.
  • Join the top industry associations aligned with your clients, and/or subscribe to their daily news recaps.

But my best piece of advice is an oldie but goodie: go visit your clients. I don’t care if you have to drive across town, or book a road trip. In today’s uncertain times you need to find a few things out:

  1. How is the economy affecting their businesses? Their industries? Their competitors?
  2. What trends are they tracking?
  3. Has their budget for outside counsel changed in 2009? If so, how?
  4. What type of work do they expect to send out, keep in-house?

You need to know if they are happy with the work you are providing. What do they expect from you in 2009 in terms of work product and value added services?

Now is not the time to sit back and guess. Just get out there and ask.

Lawyers, for whatever psychological reason you want to ascribe them, don’t like being first. Most legal marketers know this to be true. How often have we been asked by the final decision maker, prior to making that final decision, “who else is doing this?”

In every market, whether geographic or practice-centric, there is a firm that your firm looks to for leadership. In L.A., it is Latham or Gibson Dunn. In New York, it is Cravath or Skadden.

What many of us, particularly our friends over at the Association of Corporate Counsel, via their Value Challenge, are talking about these days is how the current business model of law is broken. Yet few firms, and fewer firm leaders, are willing to step up and try something new. Orrick’s Ralph Baxter, sums the problem up well here:

Going forward, he said the current system was clearly “not sustainable” because it depends on being able to charge clients and work associates more and more. Firms’ inability to do so in the crisis economy they will face next year will force them to make major changes, he predicted.

“The market was set up assuming that every associate coming out of law school wanted to work 3,000 hours a year so he could make partner and work 3,000 hours a year for the next 20 years,” said Mr. Baxter. “Clearly, that’s not reality.”

Yet, the headlines I keep reading don’t talk about ingenuity and forward thinking. It’s more of the same game of follow the leader, or the domino effect we saw after the White & Case layoffs.

Why do firms continue to follow, and not lead?

I’ve written here about how the current economic crisis is setting the stage for a new type of law firm to emerge. The law firm that is aligned with the business models of their clients. The law firm that is actually training and developing the future leaders of the legal industry, not burning out the youngest and brightest the law schools can churn out. The law firm that is willing to take a chance, to take a risk.

Oh, I know what you’re thinking, “There she goes again, getting all Pollyanish on us.” Turns out people, I’m not alone.

I was listening to a Law Firm Marketing and Web 2.0 podcast with Jay Jaffe earlier today. Towards the end he talked about how social media is the most exciting thing that has happened to law firm PR in last 10 years. I couldn’t agree more. However, I think Web 2.0 is much bigger than just PR.

Although social media will not cure cancer or the common cold, it will provide the opportunities for the new law firms to emerge. It will be the arena where the new leaders will identify, develop and build their tribes.

We are already experiencing how social media and social networking are allowing lawyers and clients to easily meet and connect. And the rules are changing every day.

The era of the institutional client, who was handed down, without thought or concern, from senior partner to junior partner, year after year, is dead. Clients are no longer constrained by the “top” firm in their marketplace. Clients can easily go out and explore their options.

The question I have is: who will be there to greet your clients when they arrive?

We often think of first impressions beginning with a handshake and continuing through the end of the first meeting. But first impressions begin well before then. Two Seconds, according to some studies. You have two seconds or less to make an impression. So, what type of impression do you make? Is that the impression you want others to receive? At the LMA-LA social last week there were a series of informal discussions. Jonathon Fitzgarrald hosted a session on marketing/branding yourself, imparting on the group that:

  1. In 1/4 of one second someone forms an opinion of you;
  2. A first impression is more important than the next five impressions combines;
  3. 80% of all people are visual, which means they are making up their mind about you based on what they see.

To prove the point, we then played the following game.

  • Hand out index cards pre-printed with everyone in the group’s name.
  • Call on each person to raise hand one at a time.
  • Have everyone write down the first word or phrase that comes to mind on back of index card.
  • Collect all cards.
  • Sort cards by name.
  • Hand back stack of cards, with person’s name and comments, to the person.
  • Watch people nod, get angry, see relief, go into shock.

Knowing what others think of you, just by their first impressions, is important if you are: 1) looking for a job; 2) trying to hold onto/having a hard time at your current job; 3) moving up the corporate ladder at your job; or, 4) looking for a date. Here’s what my group thought of me: Aggressive. Sharp. Cool. Sharp. Sophisticated. Thoughtful. Type A. Feisty. Not bad, really. Taking this information into consideration, along with a recent personal discussion I had, what I took away is that I might need to soften my approach … a bit.

I officially declare the holiday season open. We’ve had a week of doom and gloom, and I refuse to let it get me down!

Kost 103.5 began their month of holiday songs (you can stream it live), Holiday’s at Disneyland starts out today, with It’s a Small World (holiday style) reopening. We’ll be there on Sunday, celebrating DH’s birthday.

Thanksgiving is approaching, and I’ll be preparing my carrot souffle (sounds like it might be healthy, but it’s not. mmmmmmmmmmmmmmm).

Only thing missing here in LA are cool temperatures and snow, although Disneyland will have some after the fireworks!

Here’s a little something, something to get you in the mood as well. David Bowie and Bing Crosby singing “Little Drummer Boy.”

I know that many of us are watching the marketing, concerned about our clients, our firms, our jobs. Not a day goes by that I don’t check the Dow, the current stock ratings of our clients … are there any trends there that I can see?

I’m also looking for those internal signs on the job. Rainmakers leaving. Executive Director leaving. Key broken off in managing partner’s door.

Here are a few signs that it might be time to update your resume:

Hey, I could be wrong about all of this, but, then again, I might be right.

I have had several people ask me, “What is an Adopt-a-Family?”

The Westside Children’s Center here in Los Angeles will match you with families who are working “in the system” and who are in need during the holidays.

I am coordinating the adoption of 11 families for my Girl Scout Neighborhood.

My Troop has adopted the “Smith” family. Here’s the description of the family (not their real names).

Lindsay Smith is a single parent. She adopted her great grand children (James – 2, Matthew – 5, Mary – 8) because their mother was not able to provide for the children. Lindsay also adopted her granddaughter, Elizabeth because her mother passed away.

Wow.

When you look at the “wants” of these children you realize how all kids really are alike. They are into Spongebob, Hannah Montana, and they want video games.

But then you read about their needs and you realize how different they are then your own kids. I’m certain that all of our children have the clothes and shoes that they need. I’ll bet that there is a microwave and a toaster oven in your kitchen right now.

Yet this family, and so many others, are in need of help.

If you’re in Los Angeles, I urge you to contact the Westside Children’s center. If not, check with your county social service agencies. Most can refer you to these type of neighborhood organizations where you too can adopt a family.

And, once my kids are old enough to not believe in Santa, we’ll participate in the United States Postal Service “Operation Santa Claus. where all the Dear Santa letters are collected, and you are welcome to play Santa’s Helper. For more information on this, contact your local Postmaster.

Really, it’s almost getting old, but another week, another round of layoffs. Greenberg Traurig reportedly is laying off real estate associates. And when the former practice group chair of any firm jumps ship, when the former firm-wide chair will reportedly be removed from the executive committee, do we really have to ask why Above the Law added Cadwalader to their dissolution watch list.

And, yes, it is horrifying to think of the impact of another 53,000 Citi workers laid off in this economy. The ripples will be felt across the nation.

As I was updating my AmLaw 100 charts, adjusting firm headcounts due to layoffs, noting which firms have dissolved, which have been acquired, which ones have been added to the “watch” lists, I couldn’t help but be overcome with all the red marks.

How different the business of law will be in two years. And I’m not just talking about how the AmLaw 100 will be missing many historic names, like Thelen and Heller, or the new names that will be added, or created via mergers and acquisitions.

Will the current economic crisis that is engulfing our industry, and the industries of our clients, finally force the business of law to look inward? Will law firms continue to be structured and financed the same? Will the billable hour FINALLY be replaced by a system that not only rewards the attorneys performing the work, but satisfies the client’s desire for value?

I don’t have a crystal ball, but I do have a Pollyanna attitude. For the opportunistic law firm, for the attorneys willing to take risks, now is the time to make their power play, blindside their alliances, and “outwit, outplay and outlast” their competition.

Once a major blunder has occurred, can your reputation be saved? With the proper steps, yes, it can. For those of us old enough to remember the Tylenol scare of 1982, we know that a brand can not only recover, but be stronger than ever.

But Tylenol had the luxury of only having to deal with three networks, some local stations and two national newspaper to spread the news. A 24-hour news cycle, blogs and social media have changed the game, and you have to be on top of your reputation every day.

As two “brands” found out this weekend, the benefits of social media — the speed in which your message can get out, the ability to communicate directly with your consumers and buyers, and the viral nature of the medium — can all work against you.

Motrin released a new video campaign on their website that quickly went viral on Twitter. Unfortunately, the conversations were laced with anger and came with its own hash tag, #motrinmoms.

Within 36 hours there were blog posts outside Twitter threatening boycotts, blogs dissecting the action, a You Tube video to commemorate the ad for eternity, offers of brand reputation counseling and advice, newspaper articles, a Facebook page, a website crash, an e-mail apology, an ad campaign pulled, and hopefully a group of people moving on. As of this morning, the following message was posted the homepage for Motrin.

In my world, during the same time frame, we had a legal marketer make a really bad Nazi elevator speech joke, which was then picked up by Legal Blog Watch. It was discussed on Twitter, in back rooms, and comments as to why we were offended added to both blogs. While the reporter issued an apology and updated her blog, the original poster only became more defensive. There are no calls to boycott, but I have heard various colleagues note that they will no longer present on the same panels and webinars, or contribute articles and content to his blog and listserv.

Motrin’s reputation will survive this advertising fiasco, and will most likely end up stronger in the end. But will the legal marketer’s reputation ever recover?