Internet Marketing Attorney

NLJ Op-Ed Piece Addresses Archaic Lawyer Advertising Rules

OPINION
Archaic rules hobble attorneys
Businesspeople and consumers would laugh at advertising limits on lawyers.

Micah U. Buchdahl

Published in the National Law Journal - September 7, 2009

As the economy sputters and every morning's inbox is greeted with news of law firm layoffs and "out of business" signs, it highlights an obstacle to the business of law that is unique to this profession � often-stringent state bar rules of professional conduct related to advertising and marketing. For the past 30 years, state bars have taken a roller coaster approach to regulating lawyer advertising. However, the rules continue to block entrepreneurial lawyers and firms from soliciting and acquiring business at a time when "anything (ethical) to survive" should be the mantra.

Consumers and businesspeople alike would probably laugh at the regulations that are in place nationwide. In what essentially amounts to a federalist debate, attempts at national uniformity by entities such as the American Bar Association are met with resistance by the real owners of power, those who regulate all of our law licenses at the state level.

There is a laundry list of requirements in some states that range from preapproval filings of all lawyer ads to clumsy disclaimers. Enforcement arms of the state bars range from near-fanatical oversight to general uninterest. In a multi�jurisdictional practice world, firms need to monitor changing rules in dozens of states, with the result being that practice capabilities and competitiveness are hampered in a major market because of the need to comply in a small "satellite office" state. For example, a 500-lawyer firm with 495 attorneys in Washington, D.C., three in Florida and two in Connecticut would have to comply with the two latter-named states, even if the practice there was limited to a particular client or practice group. In a world dominated by online communication, this is more troubling than it might appear.

Attempts at heavy-handedness meet with mixed results in states such as Florida, New York, Connecticut, Louisiana, Missouri and New Jersey (to name a few). In recent years, some of the world's largest and most prestigious corporate law firms were forced to either scrap or change the way they sent out informational client alerts, due to the implied need to slap the phrase "ATTORNEY ADVERTISING" on the subject line of an e-mail. Pardon me, but I highly doubt the recipient, perhaps the general counsel of General Electric Co. or Johnson & Johnson, is hornswaggled (a legal term of art) by the trickery of a tax law update from Sullivan & Cromwell. I think the "this is not legal advice" disclaimer on the bottom probably would suffice.

Historically, through a slew of ethics opinions and court challenges, nobody has ever been able to show any data that suggest people have been harmed by lawyer advertising � accurate, misleading or otherwise. The concept that a loud and splashy TV ad for a personal injury firm, a law firm-sponsored "divorce seminar" at the Holiday Inn, or simply a brand-identity print ad in an industry publication involves varying degrees of trickery is simply unsubstantiated. And the underlying anti-advertising critics at many state levels are simply attorneys who just do not like it � and get on a small committee that can do something about it. Such is the way that law firms and the bars that regulate them operate.

Listen � (some) lawyers are smart people. We specialize (a word you better not use in your lawyer advertising�lots of words are violations) in the art of finding loopholes in laws, statutes and cases. The result is that the controls do not work anyway. Those harmed are often the average Joe or Joan Attorney just trying to promote his or her practice. A review of rules and opinions shows that those on the regulating committees are often out of touch and far removed from the realities of business development. Even in traditional advertising circles, trying to make sense of Facebook, Twitter, blogs and search engines can be a challenge. For old-tyme practitioners, it is just ridiculous. The opinions often show a lack of understanding. They are still stuck on Yellow Pages advertising (now that is archaic). The results are often laughable. Marketing methods continue to evolve � these folks are way behind the curve.

What exactly am I advocating here? Let ambulance-chasing lawyers run amok? Isn't that the real image and concern behind these arcane rules? Open the floodgates with distasteful and unprofessional billboards, Web sites and commercials? No � just let law firms market the way nearly every other business does. There are state and federal regulations that address consumer fraud and misleading claims. Let them deal with it. Many lawyers and law firms are trying to survive and prosper. The very people who should be helping them should start thinking about not being obstacles to their ability to earn a living. (Some) people are smart. They know the difference between a commercial and the news. I think they can figure it out.

Micah U. Buchdahl would like to say that he is an attorney who specializes in law firm marketing and business development, with particular expertise in advertising ethics. However, the words specialize and expertise would be a violation of lawyer advertising regulations. He is chairman of the American Bar Association's Sec�tion of Law Practice Manage�ment. He can be reached at micah@htmlawyers.com.

New IMAs and Nifty 50 Delayed to January 2010

The Internet Marketing Attorney is pleased to announce that the oft-delayed IMA Reviews & Awards, and the newest edition of the Nifty 50 is set to debut in January '10, later than originally scheduled. The 2010 awards will be the swan song for the IMAs and Nifty 50, marking a decade as the only objective resource for evaluating law firm web sites in the land. Once published (on a new web site platform), the outdated reviews will be removed from the web, although all of the Nifty 50 lists will remain online.

"The IMAs have been an incredible brand builder for me. However, in keeping with my 'platinum standard' of not building, selling or developing law firm web sites, it is also a difficult task to justify the dedication of time and resources to this voluntary endeavor," said Micah Buchdahl. "You can only say so much, and at 46, I'm entering 'senior citizen status' on the Internet. While I will continue to work with law firms every day on marketing efforts, I would prefer to spend my downtime with the family."

The IMA site, which continues to get tremendous traffic and response, will continue live through at least 2012.

What's New? What's Old?

As always, the largest 250 U.S. law firms will be reviewed, rated and ranked...whether you like it or not. There is no submission fee. No salesman will call. And, as always...please, no wagering. If you are a 250 firm, and are in the process of developing a new site, please contact the IMA, so that he may delay your review toward the end of the process. Because when it is over, it is over. You are also welcome to submit "pointers" about your site that may lend added-value to the review and perhaps land you in the Nifty 50.

Due simply to a lack of time (since no money changes hands and I have to eat), there will be a separate category highlighting some Small/Midsize and International Firm nominations. If you looked for the international rankings last time around, you did not find them because they were never completed. Historically, the vast interest in review reading has been of the 250 and the Nifty 50 list (which includes firms of all shapes and sizes).

You can not buy reviews. I do not sell web sites or web services. The IMAs are not a gimmick to sell you anything. Hopefully, you will learn something, and maybe have some fun along the way.

Any questions?

If you have any questions about the upcoming IMAs and Nifty 50, give me a shout. And, of course, you will feel free to disagree...

"Ethics and Professionalism in the Digital Age" at Mercer Law-November 7th

The Mercer University School of Law in Macon, Georgia hosts the 9th annual Georgia Symposium on Professionalism and Ethics on November 7, 2008. The topic for this year's symposium is "Ethics and Professionalism in the Digital Age." There will be presentations and panel discussions on e-discovery, the internet and lawyer marketing, and meta-data. The symposium will take place in the Law School Courtroom, and the CLE event is open to the public. Micah Buchdahl will serve as a speaker.

In-House Counsel Seek Value From Law Firm Marketing Dollars

by Micah Buchdahl
02-27-2008, as seen in The Legal Intelligencer

Clarence Darrow is dead and the rest of you are fungible," said David Machlowitz, senior vice president, general counsel and secretary for Medco Health Solutions Inc., in Franklin Lakes, N.J. He provided this reminder while addressing lawyers and marketers in one of the seemingly thousands "what are in-house counsel looking for" seminars that take place each year.

I, too, have served as speaker and attendee at some of these sessions and rarely leave with any tidbits of information that anyone couldn't garner in a "common sense 101" class. As a former in-house attorney, I can tell you that the expectations for outside counsel are generally relatively simple: (1) be attentive and responsive; (2) keep an eye on costs; (3) whenever possible, provide me with a positive outcome.

The "fungible" label, while it may be insulting to some, is generally reality. The ability to provide sound counsel and added-value components is always nice and sometimes necessary. However, there are dozens, if not hundreds or even thousands of attorneys capable of delivering the legal services required.

As law firms continue to shift toward traditional corporate business principles, more money is being directed at marketing, advertising, business development and sales. According to statistics published by ALM Media, the largest 100 law firms in the United States spend an estimated $9 million annually on marketing; and the second 100 spend approximately $3 million a year.

The question is: Are many throwing good money after bad?

This past November, the American Bar Association held its inaugural national marketing conference in Washington, D.C. The event, which I chaired in my role as vice chair of the ABA's law practice management section, will be held twice yearly.

One of the central themes of the conference - wasted time and wasted spending by the large national law firms - met with resistance from local chief marketing officers and marketing directors in Washington. Yet, as I often find in conducting marketing audits for many of these firms, dollars and time are misspent in budgeting, staffing and strategic business development decisions.

In writing this article, I spoke with 10 general counsel from a variety of backgrounds and companies. While most preferred to answer anonymously, a couple were willing to go on record. All were emphatic and their comments were relatively consistent.

Few saw significant value in the marketing efforts of the law firms they use. And most shared similar opinions - that for outside counsel, there are better ways to spend business development dollars - and similar concerns - that much like skyrocketing associate salaries, spending on marketing has a trickle-down effect on the cost of legal services and a bottom line impact on in-house budgets.

"The end-results of these efforts are a huge amount of wasted expenditure," Machlowitz said. "I am looking for greater value at less cost. I cannot recall a single law firm marketing or advertising campaign that I would deem effective, with efforts ranging from expensive and pointless, to arrogant and unproductive."

Some general counsel noted the trend toward naming clients in firm marketing efforts and expressed the opinion that being referred to at all in their outside counsel's marketing was inappropriate. For the most part, companies are not interested in highlighting the need for legal counsel to the public at large. And outside of an offer of compensation in exchange for appearing in an advertisement (a GC-celebrity spokesman), there is no bona fide benefit to the corporate client.

Others pointed out that a lack of proper targeting sometimes has a negative impact. "The key to effective law firm marketing is targeting. If I do not feel like it is meant for me or my needs, I'm not going to pay attention to it," said Jeffrey A. Feirick, general counsel for the Clemens Family Corporation, in Hatfield, Pa.

"We use a large Philadelphia law firm for some matters. I must have received three or four promotional mailings touting their involvement in a separation of church and state case. I am part of a relatively conservative organization that does not necessarily agree with the stance they took. We are a business client and do not want to see a firm we use touting issues that are contrary to ours. Instead of having a positive effect, it leaves us asking, 'Do we want to continue to use them?'"

A number of other GCs cited law firm involvement in community and pro bono efforts that were equally counterproductive. "You always like to see charitable and pro bono participation, but, to be honest, I feel like those are just efforts that we as clients are subsidizing," said Machlowitz. "For what we pay, they should be doing a whole lot more."

One vice president and general counsel at a financial institution based in Philadelphia said nothing law firms did from a marketing perspective played any role in doling out millions in annual legal spending.

"Most of us practiced enough that our own network will supply 95 percent or more of our outside counsel," he said. "You use people you know and people that they know. I'm not going to put the company or my job at risk by using people that had nice ads or invited me to a Webinar. Do you really think I got to where I am by not knowing where to go and what to spend?"

Important Marketing Tools or 'Colossal Waste'?

Many of the endeavors directed at GCs fall on deaf ears, or simply fail. The GCs interviewed had comments on the various marketing efforts of firms.

Publications

GCs read GC-targeted publications, not magazines targeted to lawyers in general. Machlowitz pointed out that publications such as The American Lawyer (an ALM publication) highlight profits-per-partner and other reminders of how much money outside counsel is earning.

Industry Associations.

"I had a situation that called for a particular representation need. I called the respective industry association in New York, who referred me to a law firm that was a member of the organization," said Feirick. Many GCs cited the value in being an active or involved member of an industry organization, rather than a peripheral sponsor or advertiser.

Newsletters

GCs expressed no consistent preference for the method of receiving newsletters or client alerts through e-mail or hardcopy. Some prefer the ability to take the hard copy home with them. Others mentioned the value in forwarding the electronic version to other interested parties in the company. Many GCs did note, however, that only the first newsletter or client alert in the door on a particular topic likely would get read, regardless of the form.

Being Best, Super, Top, Great, Influential, Powerful or under 40

Being a Super Lawyer (or related accolade) means little. Feirick noted he is unsure of the nomination process, and Machlowitz's thoughts echoed my own. These lists generally contain some good lawyers and some lawyers that are good at self-promotion.

Martindale-Hubbell listings

Rumors of the demise of the gold standard in law firm listings are somewhat exaggerated but only somewhat. GCs interviewed admitted that Martindale-Hubbell still has some relevancy. "If I'm looking for the largest law firm in Bozeman, Mont. to handle a matter, I might turn to Martindale," said Machlowitz. In addition, with constant name changes and mergers in major markets, many well-known law firms can get overlooked.

Online listings

Few GCs use Google to find lawyers. None use Findlaw. Yet many use Law.com (a Web site operated by ALM) as a resource. And while a law firm's Web site is a biographical resource, few GCs use other components of Web sites, no matter how dynamic. None of the GCs had the time or inclination to visit a blog. "You've got to be kidding," one GC said. "I'm busy."

Branding

Across the board, those GCs interviewed could not identify a single law firm "brand" that stood out in their minds.

Media/Public Relations

While being quoted in the media can be beneficial, most GCs say they feel the quotes generally lack insight and are more likely placements by the firm's PR agencies.

Annual Reports

"This is a colossal misjudgment," said Machlowitz. "I would tell these firms to scrap their reports and instead spend time reading ours, our competitors' and key business partners.'"

Client Surveys

In the interest of full disclosure, I conduct these for a number of well-known U.S. law firms. Overall, general counsel saw client surveys as a positive step for both the client and the law firm. The corporate client is able to give feedback off the clock or the time sheet. And for firms, client surveys can provide more quantifiable results - both tangible (potential new business) and intangible (invaluable face time with a client) - than most other marketing efforts.

Some GCs noted that if the relationship partner does not take the time to do the survey, then it's essentially a waste of time. All agreed that having nonlawyers conduct the survey � regardless of their backgrounds in the legal profession - is a failed route.

Law Firm Functions

"While some seminars provide excellent content, too many are there to sell, or are 'teasers' to get the meter running on a new matter," said Machlowitz. "Do not invite me to a cocktail party," he added. "I'm busy, and if I'm going to take the time for a drink and canap�, I would like to do it with my family."

In contrast, a properly run continuing legal education seminar is a win-win situation for all involved. Feirick pointed out that no-cost, on-point CLEs on issues of interest to his company have significant value, and many firms routinely invite in-house counsel - clients, firm alumni and prospects - to their in-firm CLEs in some of the fanciest meeting rooms you'll find in any business setting.

Advertising is an Important element of any Business

All the in-house counsel interviewed agreed the ability to advertise is still an important element of law firm business development, and should be properly tailored to be effective.

"I understand the challenges and needs for firms to find new clients. You need to be able to market your services," said Feirick, who cites Wolf Block Schorr & Solis-Cohen and Pepper Hamilton among the firms on his short list of about a dozen firms. The list includes a specialized boutique for environmental law, a more focused farming and agriculture law practice out of Lancaster, Pa., a sole practitioner for landlord/tenant issues and the expertise and depth of a larger law firm for corporate work.

"I think most marketing departments fail to recognize the sophistication of the audience," said a New York-based GC in the entertainment industry. "There is a disconnect. The people that need to sell me are the people that not only have JDs, but have personal practice experience."

Show You Can Provide Value � and Mind the Clock

One GC made her thoughts quite clear. "Be cost-effective. Be responsive. Don't bill me for a two-minute conversation. Know my business."

"We look for diversity," said Machlowitz. "Show me minority partners and women partners. I'm not interested in how many offices you have or that you are nationwide. That just means you likely have less quality control and more conflicts. A lot of that overhead is getting passed on to me. We hire individual lawyers, not law firms. We use about 30 firms annually. We use some small firms for local matters, but we use all types. It might be a solo or a partner at Sullivan & Cromwell.

"The key is to tailor marketing to my specific needs," he added. "We are a Fortune 50 company. It is amazing how often we've changed up firms and the firm losing business never asks why. Instead, focus on providing some relevant and substantive legal information, like a checklist for conducting an environmental audit - that would be valuable."

A tool like a checklist for particular practice areas and issues gives a firm the opportunity to hand a client something that has substantive value at no cost to the company. While it might eliminate some smaller opportunities for the firm to consult or offer billable advice to the client, when the checklist identifies potential problems, the firm may have the opportunity to handle those new matters for the client. Another win-win situation for the client and the firm.

MICAH BUCHDAHL a former in-house counsel, is president of HTMLawyers, Inc., a law marketing consulting company, based in Moorestown, N.J. Contact him at (856) 234-4334 or micah@htmlawyers.com.

Lawyer Advertising Ethics Issues in a Web 2.0 World

Lawyer Advertising Ethics Issues in a Web 2.0 World: From Facebook to Second Life; Web Sites to Blogs

The IMA returns to Pittsburgh and Philadelphia, December 11 and 18 respectively (although he will be "live on tape" in Philly), for his annual one-hour Pennslvania Ethics marketing/ethics CLE for the Pennsylvania Bar Institute. This year's focus is on issues that go beyond the basic web site or blog--Google, Second Life, Facebook, MySpace, LinkedIn--just to name a few of the plethora of topics that will be covered in lightning fashion.

PBI Course Description:

If you�ve ever visited Facebook or MySpace, you probably never thought about the Rules of Professional Responsibility. The Internet continues to be a seemingly endless land of lawyer marketing opportunities. What started with web sites and e-mail has expanded to blogging, social networking sites and a variety of referral sources�some ethically sound, others questionable. This one-hour ethics potpourri program will examine online marketing and the related rules and opinions guiding lawyers through the maze that is the World Wide Web.

The Evolving Tactics and Strategies of Law Firm Marketing

By Micah Buchdahl and Jamie Diaferia

A version of this article originally appeared in the ALA Magazine

Once upon a time, and not very long ago, the concept of marketing, marketers and a marketing department was foreign to law firm management�regardless of firm size, practice or geography.

At many small firms, this responsibility fell squarely on the heads of the firm administrator (assuming there was even one of those). At midsize firms, responsibility often fell to the person drawing the short straw. And, at many of the largest law firms, you were directed to the librarian. After all, he or she handled the firm�s attorney directory listings, so it was a natural fit, right?

Times have certainly changed in thirty years. According to statistics published by American Lawyer Media (ALM), the largest 100 firms spend an estimated $9 million annually; the second 100 spend approximately $3 million a year. Depending on the firm�s practice-type and market competition, it is not unusual to see some of the nation�s smallest firms with significant six-figure investments. While firm management has a better understanding today of the need to invest in business development, the struggle is more with the �how� than the �why.�

Building a team; setting a budget

There are those pesky �rule of thumb� statements that I often make. Rule #1 � One full-time marketer for every 30 attorneys. Rule #2 � Devote between 2 and 6 percent of gross revenue to create your budget number. And, rule #3 � Both those rules might not apply.

The reality in setting a budget should not be tied to the size of your firm, or necessarily to how much revenue you generate. It is about the marketplace, and where your firm sits when it comes to market share�which might be based on geography, on practice, or on uncontrollable aspects of the industries or client types you serve. I encourage firms not to pay attention to what �they� say in law firm marketing circles, but to follow what is being said in �corporate� marketing arenas. There really is no such thing as �law firm marketing.� There is marketing and there are law firms. Unfortunately, most attorneys have been unable to digest this concept. There is not �beer� marketing for Anheiser-Busch or �car repair� marketing for Aamco; no �doctor� marketing for physicians or �money� marketing for accounting. Learning how to read a market and create an effective strategic plan to attack and win should be your focus.

For a small to midsize firm, dynamics and time often limit how extensive your marketing operation becomes. A one-person department needs to focus on the basics well before racing off to create sideshow initiatives. This person is often left to respond to the important day-to-day fire drill requests�get this on the web site, get me a brochure, update this listing; I need an ad to accompany this sponsorship, etc. I often preach the importance of building a solid foundation before spending time and money on ideas that might not be crazy, but simply unworkable due to the aforementioned constraints.

From a tactical standpoint, it is wise to develop a rather rigid budget and plan at the start of the year, avoiding going off-track with the �opportunity� to buy lots of self-serving advertisements and honors that do not truly impact the bottom line. An attorney had demanded he be able to spend a few thousand bucks on an ad touting his �great lawyer� honor. He followed that up with a request that the firm purchase 1,000 reprints of this ad and honor for a few thousand more. When asked what to do with the reprints after the fact, I suggested his grandmother might enjoy it. The firm had spent a lot of money on something that would not have any successful impact on our marketing efforts. While a larger firm can afford to flush away some cash each year to appease some egos, too many wasted dollars at smaller firms will lead to total ineffectiveness of your efforts.

At larger firms, the strategy is often guided by the juggling act�directives from key partners with different agendas, offices spread across the globe, the ability to �service� more than lead. In an ideal world (and regardless of what some say, there is not a law firm CMO that truly has this authority, even if she or he says so), the lead marketer would create the plan, budget and execute, providing occasional updates to a managing partner or small management committee. The game plan would have nothing to do with egos, or appeasement, but an expert understanding of attacking the market.

Instead, most marketing operations are high-level Kinkos�with the ability to get a muffin delivered to the breakfast briefing, run a seminar at the Westin, respond to an RFP, provide articles to publications or get 100 umbrellas to a trade show. An exception to the rule is the use of public and media relations�until recently, an underutilized tool, but perhaps the easiest to evaluate ROI, monitor and succeed with. It is an aspect of marketing relevant to every firm size and any practice area.

Market Factors

If the resources devoted to marketing are not dependent on firm size or revenue generation, what are the market factors that should be considered, you might ask. Consider the following:

� How long has your firm been around? In standard marketing circles, there is an expectation that you will need to spend more in your first few years of operation�when you are getting the name out and building a book of business�than later, when the revenue is flowing more freely. Many firms work in reverse. Have you ever heard the term, it takes money to make money? I thought so.
� Who are you marketing to? The biggest budgets in the U.S. do not belong to the biggest firms. They belong to firms in �consumer competitive� spaces such as personal injury, family and criminal law. If you just look at dollars spent per attorney, you will find that there is a higher level of true marketing going on at smaller firms. The target audience is a key factor.
� Anything new? When a company launches a new product, changes a name or undergoes a significant structural change, it is usually led by an extensive strategic marketing plan. The same is true when a firm merges, acquires or starts a new practice group, opens a new office, or decides to target a particular industry. Have you heard this one? The horse is already out of the barn. I thought so.
� Where do you want to be in five years? When asked about my own career, I often give the same answer that I get from law firms�I have no idea. It is not smart for me to not have a path, goal and plan�and the same goes for the law firm. Have you ever heard the phrase,
� What is everybody else doing? This is the trickiest of all. First, if you are doing something really great and it is working for you�do not write articles about it! Do not have your marketer speak at a conference and tell your competition what is working great. Keep it to yourself. That is called business strategy. And along the same lines, do not just follow what other firms are doing. Most of them are doing it wrong (albeit with the best of intentions). Study your own business; hire smart people; spend the right amount of money�but do not just duplicate what you see elsewhere. Have you even heard the phrase, don�t throw good money after bad?

Media Relations

Thirty years after Bates v. Arizona (see side bar), the stigma associated with attorneys proactively generating media coverage has disappeared while competition for space has increased markedly. Not only are there legal-focused publications in each major market, but there are legal-beat reporters at newspapers and business magazines across the country that are barraged daily by law firms of all sizes seeking attention.

We talked earlier about effectively using media relations as a business development tool, but who is actually doing the work? Larger firms with few exceptions have an agency on retainer to supplement their in-house marketing staff�both of which are typically luxuries to smaller and mid-sized law firms. Regardless of size, law firms have important decisions to make about how to allocate their time and dollars to pursue valuable media coverage.

There are a few basic activities that firms of any size can take advantage of with almost no associated costs:

� Editorial calendars. With few exceptions, every legal, business and trade publication has a calendar of special sections outlined a year in advance, and it is designed to solicit ideas and bylined articles from outside sources. Lawyers should monitor all relevant calendars and submit ideas for the sections in their strike zones. It�s important to note that these publications typically have deadlines that are months in advance of the actual publication date.

� Conferences. There are myriad conferences that focus on virtually every imaginable area of law with an equally diverse number of audiences. Competition for speaking slots is stiff but there is a great deal of upside. Attorneys should identify one or two conferences where the audience is comprised of prospects and contact the conference organizers with a timely and useful topic�one that will also be timely when the conference takes place several months later.

� Lists. All of the legal trades and many of the business publications/vertical trades have awards and lists (July through December is a particularly busy time for submissions). Your firm should aggressively pursue these honors because while it's often difficult to make the cut, the benefits are tremendous in terms of validating the impression that the firm is a player in a particular area. Many of the lists have a place for smaller firms, so participation is not limited to the AmLaw 100.

There are additional activities that firms can try including pitching third-party commentary and reporter meetings, although they are often done by a PR agency due to their contacts and experience working with the media. These efforts are not exclusively the domain of larger firms with the resources to hire a consultant, but it is typically the case.

� Third-party commentary. Reporters covering business and legal issues often like to accompany their stories with commentary from impartial specialists. If Wal-Mart is sued for overtime wage violations and your attorney has handled similar cases�on either side�it is worth researching the case and contacting relevant reporters with useful commentary. As with all PR efforts, it�s useful to alert clients and prospects to your best media placements through low-tech means such as e-mail. Article clips provide a good opportunity to re-connect.

� Reporter Meetings. Developing a good rapport with journalists is one of the most important things you can do. Track what reporters are covering, contact them by email to request a coffee or lunch meeting, and go in with a plan�have a few story ideas in mind that dovetail with the things like they to cover. Publications are comprised of an ever-changing cast of characters, so persistence is important.

Regardless of your firm�s size�from solo practitioner to 1,000-person conglomerate�it�s important to allocate your marketing dollars and time wisely. Staying focused on reaching your target audience of prospects and clients requires intelligence about what they are reading and watching�a question that is typically answered with a guess rather than actual feedback. Equally important is using the work your attorneys are doing and their specialized knowledge about an area of law or business to best appeal to the media. Armed with both sets of information, there�s no reason why firms of all sizes and means can�t generate quality media exposure.

Micah Buchdahl is Vice Chair of the American Bar Association�s Law Practice Management Section, as well as president of HTMLawyers, Inc., a law firm marketing consulting company. He can be reached at (856) 234-4334 and at micah@htmlawyers.com.

Jamie Diaferia is the founding partner of Infinite Public Relations LLC, a national media relations firm for professional services organizations. He can be reached at (212) 687-0935 and at jdiaferia@infinitepr.com.

Law Firm Marketing's Summer of Discontent

Thirty Years after Bates v. Arizona, the debates rage on�

By Micah Buchdahl

Originally published by the ABA LPM Webzine - Fall 2007

There was an irony to this past �summer of discontent� in law firm marketing circles. On one hand, we were celebrating the 30th anniversary of the seminal U.S. Supreme Court case, Bates and O�Steen v. Arizona, which effectively opened the door to law firm marketing. At the same time, the legal profession continued to grapple with issues of ethics, professionalism and reputation in the way that attorneys chose to market their services.

A few cases in point:

� A Chicago billboard touts �Life�s short. Get a divorce.� The titillating images combined with the message brought an outcry from legal and non-legal communities about taste and appropriateness. However, outside of being offensive to some, did it really violate any rules of professional responsibility?
� The continued proliferation of �honors� and �awards� stoked the debate about whether it was appropriate to use such distinctions in advertising�from inclusion in a biography to mentions on billboards and television commercials. Are some of them �deceptive and misleading,� and if so, which ones? Who gets to make that call? The world of the rated and the ranked became cloudier still.
� New York became the latest state to try and significantly amend its state bar advertising requirements. After lengthy debate, a number of controversial rules were put into place. Before the summer was out, a bunch of those changes had been declared unconstitutional and the continued attempt to understand Bates was renewed.
� A Pittsburgh law firm�s immigration seminar on YouTube brought the kind of unwanted publicity that rankles the anti-advertising lawyers�instead of the seminar being hailed as a unique marketing tool in our conservative business, YouTube now features dozens of news clips about the seminar�and the accompanying negative images heaped on the reputation of lawyers.
� A New Jersey ethics opinion addressed the gray line that often exists between providing a non-legal service and practicing law. In this case, the big business of mediation�which may or may not be a �legal service� thus may or may not be �practicing law.� For the lawyer competing against non-lawyers in offering mediation, the question is whether or not the bar rules create an unfair business advantage for the non-lawyer.
� States are grappling with where blogs and other forms of web 2.0 fit in the scheme of things. Are they advertising? Are they editorial? The answer is a resounding, �yes.�
� We continued to hear about the demise of the billable hour (please!), alternate-fee arrangements, the impact of diversity on the dissemination of work, partner de-equitization and the portability of your book of business�who does the client belong to, the practitioner or the firm? And what about the results of the cases and clients? Are they the historical work product of the firm or the practitioner?

There was a time when many lawyers dismissed the impact of Bates as not affecting their own practices. Lawyer marketing was the Yellow Pages, billboards, TV, radio and newspaper advertising. Many of us scoffed that was not the way �we� practiced law. Today, the multi-billion dollar law marketing industry means web sites, podcasts, blogs, trade shows, sponsorships, public relations, market research and a litany of other categories that affects virtually anyone with a JD. The country�s largest law firms invest $10 million or more annually; the midsize will invest a few million as well. And those are the firms that �don�t advertise.�

The increase in multi-jurisdictional practices and ancillary businesses clouds the line of enforcement�in which states are you practicing, do you have an office, do you solicit business? And if there is an issue with the way you market, who is policing and enforcing? The Florida Bar continues to be among the nation�s leaders in creating strict rules and policies, but also in backing those up with enforcement procedures and proceedings.

The World Wide Web alone creates a set of possible ethical conundrums that go well beyond advertising restrictions, and often need to examine issues of attorney/client relationships, competence, confidentiality, conflicts, unauthorized practice of law, multi-state jurisdiction, and issues regarding referrals, references and fee-sharing.

In commemoration of Bates hitting the big �3-0�, and to address the needs of law firms trying to better spend time, money and resources on business development, the ABA�s Law Practice Management Section will present its first-ever conference dedicated to the topic on November 8-9, 2007 in Washington, DC. The Law Practice Management Section�s expectation is that the Law Firm Marketing Strategies Conference will do for marketing what ABA Techshow has done for the understanding and use of technology.

The event features a number of all-attorney panels that will provide practicing lawyers with the most comprehensive look at how law firm marketing has evolved and where the profession is heading, as well as programs aimed at assisting lawyers and firms with improving their business development strategies.

The two-day event will feature some of the most relevant and integral law firm marketing experts in the country, including Van O�Steen from Bates to talk about legal ethics; former White House media specialist Chris Lehane talking about crisis communications, as well as a program on the impact of diversity initiatives on law firm business.

For more information about the event and how to register, please visit www.lawpractice.org/marketingconference.

Lawyer Marketing Enters Its Fourth Decade

Thirty Years after Bates v. Arizona, we�re still figuring it out.

By Micah Buchdahl

It has been thirty years since the seminal U.S. Supreme Court case, Bates and O�Steen v. Arizona opened the door to lawyer marketing and advertising. Yet, law firms continue to struggle with issues of ethics and professionalism.

Despite valiant attempts by the American Bar Association and State Bars to figure out an effective way to regulate the world of lawyer marketing, the reality is that there continues to be tremendous friction, and little agreement. Rodney Smolla, Dean of the Washington and Lee University School of Law and a noted first amendment scholar suggests that the world of lawyers is divided about 50/50 regarding whether there should or should not be advertising in the profession. And, he often relates, it is not something based on age or practice, but an individual�s thoughts about professionalism and reputation.

In an age of multi-jurisdictional practices and ancillary businesses, virtual clients and virtual offices, the fact that some law firms still fail to designate attorneys to monitor and oversee the rules and the way the firm adheres to them, is no longer something to take likely. As leaders of firm management, making sure someone covers this base is as important as firewall protection for your computers.

New York has been a flashpoint of debate in the last two years, as the state has tried to tighten ethics rules in relation to advertising and solicitation. Just when they thought the rules were in place (in February), a court overturned a large chunk of them (in November). The state plans to appeal.

In New Jersey, ethics opinions in recent years dealing with domain names, lawyer awards, ancillary businesses (and mediation, in particular) and other forms of marketing have been met with mixed response and results.

While Iowa is still considered the toughest, it is Florida that has the greatest effect on the largest number of lawyers, in regard to their restrictions and enforcement mechanisms. They take it seriously, and they back it up with money and staff to monitor the market.

In an increasingly competitive market, rest assured, an expectation that you are �playing by the rules� is important to your firm�s success and reputation.

Untangling Today's Web

The Second Decade of Law Firm Web Sites � Tips and Trends

By Micah U. Buchdahl, Esq.

Originally published in The Legal Intelligencer - Summer 2007

During the Q&A session of a recent Pennsylvania Bar Institute Webinar entitled, �Creating a website for your solo, small or medium sized law firm�, I was stunned to still get the following question: �How many law firms have web sites?�

The short answer is that if you have to ask, your knowledge of general business development (law firm-related or otherwise) is severely lacking. The vast majority of firms�solo, medium or large�are working on iteration two, three, four or five. I used to suggest that having a web site was the equivalent to having a fax machine. However, with the advancements of the web, e-mail and related technologies, those are nearly obsolete. The web site�from budgeting to staffing; content to functionality�continues to evolve.

To get a feel for the changing web, visit the Way Back Machine internet archive (www.archive.org), where you can see what appeared at a domain name (i.e. web site address, uniform resource locator-URL, etc.) �way back� and how any site evolved, over more than a decade. While www.mlb.com today is one of the worlds most visited and profitable web sites (belonging to Major League Baseball), a visit to mlb.com in 1997 will take you to the web site of Morgan Lewis & Bockius (www.morganlewis.com). From the changing domain name to the increasing functionality and sophistication, a law firm web site today is often the centerpiece of any firm�s marketing strategy. At the same time, watching the growth of a site like www.visalaw.com, which was always one of the most successful law firm web sites, stay up to date on advancements in web tools and user sophistication is an easy lesson in what the web can mean to what once was a very small firm, and today is one of the nation�s largest in immigration law. To the largest corporate firms, it is a resource for clients; for many smaller plaintiffs� firms, it is the advertising mechanism for new business and growth.

For more than a decade, I have consulted on the development of nearly a thousand law firm web sites�from sole practitioners to some of the world�s largest law firms. In 1997, I developed InternetMarketingAttorney.com�home to law firm web site reviews of the 250 largest U.S. law firms and the Nifty 50 list of cool law firm web site components. Recently, I have been responsible for the oversight of law firm web site redevelopment projects with budgets exceeding half a million dollars, and others with a spending cap of $10,000. What you spend and develop varies greatly, and is dependent on many factors.

Tips for your firm

Solo/Small Firm

1. Budget your dollars for the year, including development, hosting and marketing of the site.
2. Budget your time. Who is going to update and maintain the content of the site?
3. Schedule your updates. Open your Outlook and schedule an appointment with your site.
4. Focus on site goals. Identify your audiences and strategic plans.
5. Strike when you�re hot, not when you�re not. My small firm mantra. Those that have lots of time to market usually are not busy enough with real lawyering. However, people want to hear about you because you are doing good work. Find a middle ground.

Midsize Firm

1. Play with the big dogs. Site costs and related technology means a midsize firm can easily afford to have a comparable presence to substantially larger firms.
2. Assign responsibility. If you do not have a marketer, someone needs to handle the site.
3. CMS is affordable. Content Management Systems means low-cost, high-result web site systems that do not require IT capabilities and can be handled by anyone at the firm.
4. Better less and fresh�focus should be on newness over lots of old stuff.
5. Make sure the �meat and potatoes� aspects come first�bios, practices, locations.

Large Firms � Tips

1. You may be overdoing it. Look at your traffic reports and talk to your clients. Much of the nice marketing work is being overlooked or ignored.
2. �Personalize� for the client. If you can make the site work for the individual client, usability increases. But, do not count on the client doing it him or herself.
3. Satellites � Ask for the key to the CMS. If you are not in the main office or your firm, you should still be able to get a level of administrative rights to your web site for updating.
4. Spend traffic budget directly with key search engines and SEO. Instead of paying third-party sites for exposure, spend the money directly with the engines and with SEO specialists that can maximize your site�s visibility.
5. Highlight �meat and potatoes�. You know what people really want. Give it to them.

Tips for Everyone

Here are ten tips to guide you before delving into the improvement or replacement of your current web model:

1. Audience Identification � What end-users is your site being geared toward? It is usually a combination of the following�current clients, prospects, lawyer referrals, recruiting and/or media/public relations. There are numerous other audience factors as well (i.e. corporate vs. consumer, niche/boutique, location, new practice areas, integration with firm strategic plan). The target will determine the message, navigation and depth of information.

2. Content � There are the �gimmes� such as biographies, practice area descriptions, office locations, and related marketing collateral. There are important components that are helpful, such as site searchability and resources that can range from online seminar registration to webinars and podcasts. Your audience, staffing and budget will drive the content.

3. Budget � You can still build a free web site (visit www.justia.com) or work with some strong larger law firm web site developers (i.e. Saturno Design, Firmseek, Duo Design, Inherent, ICVM Group, etc.). Either way, the better job you do in developing a requirements document and budget, the easier it will be to select the right vendor and needs. The more advance work you do prior to selecting a vendor, the more you will save and the faster you will be able to build. Budget components might include:

� Domain name registration
� Hosting and Maintenance Fees
� Site Designers and Developers
� Search Engine Optimization and Traffic Reporting
� Marketing of the site

4. Maintenance � The ability to update and build a site yourself, without needing a degree in computer engineering, is easier than ever. A strong CMS will allow you to keep long-term costs down and site strength up. Avoid ongoing licensing fees, subscription costs or maintenance contracts. Once a site is built, you should be looking at monthly costs closer to $50 than $500.

5. Search Engine Optimization � Depending on what you want your site to do, SEO might be the most important component, or a meaningless one. Either way, I prefer not to even look at optimization until after a site is built. The exception is making sure a site is search engine friendly.

6. Decision Making � Generally, I estimate that 90% of all law firm marketing initiatives are doomed to fail (although you never actually admit it). The more chefs in the kitchen, the weaker the outcome. I�m no Craig LeBan, but the more compromising, the more diluted and ineffective the result.

7. Ethical Considerations � From the disclaimer (and possibly a privacy policy) to adherence of specific state advertising guidelines, be sure you are compliant with the rules of professional responsibility. For each state in which you have an office and/or are practicing, there may be specific requirements in regard to the home page, disclaimer language, domain name use and client communications.

8. Blogs � There are millions of blogs (web logs) out there. In some cases, for a solo practice, a blog sufficiently stands in as your web site. In others, it can provide an effective off-shoot site or a feeder of content for your web site and for search engines.

9. Other Web Site Uses � Depending on your firm, development of extranets and sites specifically for alumni, press, recruiting, and practice groups that might not fit the overall firm messages often make sense.

10. For firms of all sizes, you can incorporate links to video (youtube.com), podcasts (using iTunes), and other useful �added value� components. For larger firms, incorporating technology for webinars, surveys and database access are popular. For consumer-driven firms, use of Ad Words and related accounts with the Big Three (Google, MSN, Yahoo) are central to your efforts.

Return on Investment (ROI)

In lawyer marketing, determining ROI on advertising and branding investments is practically impossible. One of the beauties of online marketing is the ability to disseminate numbers and statistics from site traffic reports. This is another area where the cost has dropped significantly in recent years. While Webtrends is still an industry leader (and can be quite pricey), companies such as Webstat offer comparable reports at little to no cost.

� Page Views � A much better measure of readership and guidance than �hits�.

� Visits � Be sure to have internal traffic taken out of the equation. Note frequency of returning visitors vs. one-timers.

� Most Visited Pages � Including specific practices, offices and articles. Note the frequency of downloads (such as pdf and word files, power point, etc.)

� Referring Sites � Search Engines and Common Links (i.e. Martindale.com, Monster.com). You should be able to see the host domain of the visitor and the search term that brought him to your site.

� Browsers/Platforms � Assists developers in making sure site is accessible and best designed to those that use it most.

� Route � Track the entry and exit pages. Note the route that a visitor takes. �Time� is not an accurate measure, but page views and routing are more useful.

Development and redevelopment of a web site is never a pain-free process. However, the results can be rewarding. Incorporating your web plan into your strat plan will make both more successful. Adding tech-marketing tools such as e-mail, or using third-party sites for developing online referrals and soliciting prospective hires will make your practice more efficient and profitable.

Micah U. Buchdahl, Esq. is the Vice Chair of the American Bar Association�s Law Practice Management Section, and is chair of the ABA�s first national law marketing conference, taking place November 8-9, 2007 in Washington, DC. He is president of HTMLawyers, Inc., a law marketing company that provides consultative services and programs to law firms throughout the world. He is a member of the Pennsylvania Bar, and attended Temple University as both an undergraduate and for law school. He can be reached at (856) 234-4334 or via e-mail at micah@HTMLawyers.com.

Anatomy of a Blog

Young Conaway Associates go from �what�s a blog?� to DelawareIPLaw.com in 30 Days

By Micah U. Buchdahl, Esq.

A version of this article originally appeared in the Law Technology News - Fall 2006

It started the traditional, old-fashioned way. A senior partner reads an article and passes it on to an associate in her practice group. It happens every day.

�Look at what this young associate did for his firm,� said the senior partner who passed on a magazine highlighting a successful intellectual property law web log (blog) to one of her associates. The associate, who had never visited a blog site, immediately followed up and got the �message��you too can be doing something to market our practice.

This true tale of technology and marketing all happens in less than 30 days (if you take out summer vacation days). One day you are asking �what�s a blog?� and the next day you are a blogger yourself.

The partner is Josy Ingersoll, who together with section leader John Shaw, run the intellectual property law practice at Young Conaway Stargatt & Taylor in Wilmington, Delaware. With more than 100 attorneys, one of Delaware�s largest law firms features substantial national practices that include bankruptcy, corporate law and intellectual property litigation. The associate is Karen Keller. �To be honest, I was not 100 percent sure what a blog was, but I checked it out,� said Keller. �While I saw how this site was extremely useful for keeping up with the federal circuit at the appellate level, it occurred to me that our practice could offer something unique in the form of a blog as well.�

Keller approached two fellow fourth-year associates, Chad Stover and Andrew Lundgren. �Where do our peers go for legal research?� she asked. �Not books. We Google things. And so I went to two of my peers with an idea that I though would be a nice way for a few associates to help make a name for ourselves.�

Keller also realized that it would not be long before she would make partner (she hopes) and be expected to bring in business. �Other than sending holiday cards, I needed to do a better job of marketing. This seemed like a good concept. I had been looking for a business development activity that would suit my interests.�

You need a niche.

Today, there are plenty of wide-ranging web sites and blogs for overarching practice subjects like IP, environmental, bankruptcy or labor law. Your best chance for true success is to become an expert in a niche. The �go-to� source for a particular part of a law practice. In this case, the subject matter is Delaware patent and IP case law, combined with news from the District and commentary on pending legislation.

�Delaware is so unique in our case law, local rules and small bench�that a site dedicated to IP law in Delaware would probably be of great interest to co-counsel, in-house counsel and colleagues,� said Keller. �While it would certainly promote the firm, it would actually be a nice way of promoting IP law in Delaware as well.�

Most blogs are just a single person�s point of view. By sharing the duties among three attorneys, the site provides a unique twist with differing perspectives and analysis.

�Our concern was that someone might have the same idea,� said Lundgren. �So getting thing moving quickly was a definite concern. Once the niche is filled, it is filled.�

Approval process

Unlike many large law firms, where the approval process for a marketing initiative can be slow and burdensome, the three associates found that with the help of their marketing director, the approval process would be quick.

�Delaware has a unique place in the practice of law throughout the nation and globally,� said Michael Nestor, Young Conaway�s marketing partner. �What happens with IP cases in Delaware has a ripple effect that goes well beyond our own borders. This marketing initiative provides relevant data to practitioners and in-house counsel everywhere. It is always encouraging to see our associates come up with an idea and just do it. No road blocks. Just the assistance and resources they need to make it happen.�

The Cost -- Peanuts

�While the actual hard-dollar cost of a blog is next to nothing, for a major law firm there is value in spending a few dollars to add some brand consistency, feature sophistication and protect our blog�s niche target. For a few hundred dollars, it is a no-brainer,� said Elise Martin, the firm�s marketing director.

There is value in ensuring the blog looks and feels similar to the law firm�s web site. In this case, the firm�s web designer was asked to build the blog. In this instance, they used the no-cost Nucleus platform.

�We wanted them to incorporate our website design and customize some features that we felt were important, such as a registration system that was required before you could post a comment, maximizing the blog for search engine effectiveness and giving me a little more control over the back-end console.�

When their first choice domain name was available, DelawareIPLaw.com, the firm also purchased a number of derivatives of Delaware, IP, patent and litigation in the dot-com and dot-net formats. �That cost all of a hundred bucks,� said Martin.

The Real Cost � Billable Hours

�We probably each put in over 100 hours in one month,� said Stover. �Getting the blog off the ground was time intensive and took up a lot of non-billable hours, but we think it is worth the investment for us as individuals, the practice and the firm as a whole. Going forward, we�re each looking at four to six hours each week.�

The three associates now have a standing Monday morning meeting to discuss who is watching which decisions, which judges and track filings, as well as what is going on with other blogs out on the web.

It makes us better lawyers.

Something the three associates realized was an additional benefit to blogging was that the process of monitoring cases, reading opinions and drafting an analysis was going to make them better lawyers.

�We would be reading these decisions and legislation anyway, so adding a little recap in the form of an analysis was actually making us read them a little closer and a whole lot quicker,� added Stover. �Now, when co-counsel calls you about a decision, you can say you�ve seen it, read it and have an opinion of your own.�

The downside.

The associates realize there are some downsides beyond the ongoing time commitment. They noted that in some cases, you could argue that the blog postings might eliminate the need for a client or co-counsel to call the firm right away. But, the reality is if you read the posting and are really interested in the case, you�ll need more information. Ultimately, it serves a publicity function for the bloggers and the firm.

Keller, Stover and Lundgren also note that they need to keep aware of matters that directly involve clients, relevant ethics rules, and making sure the postings are thought out and of the highest quality.

�We want to provide candid views and not be seen as writing �firm propaganda� to have our blog be as widely read as we hope,� said Keller. �In the end, you want to associate knowledge of IP in Delaware with us and our firm.�

As with the thousands of blogs on the Internet today, time will tell if this particular one becomes the �source� they desire. Timeliness, upkeep and expertise are the keys.

In some ways, the blog is a microcosm of society today,� said Lundgren. �It is a real-time culture. You have to adapt.�

TIMELINE

August 14, 10:42 am � Senior partner at Young Conaway approaches associate with an article about a successful IP blog created by an associate.

August 14, 10:47 am � Associate asks herself, �what is a blog?�

August 14, 11:27 am � Associate says, �oh, that�s a blog� and finds it to be quite the useful resource.

August 15, 8:43 am � Associate comes up with an idea for a blog of her own and enlists the help of two peers in the firm�s IP practice.

August 15, 9:12 am � Peers think to themselves, �what�s a blog�, but agree to participate anyway.

August 16 � Associates Karen Keller, Chad Stover and Andrew Lundgren flush out ideas for DelawareIPLaw.com.

August 18 � Associates ask the firm�s marketing director, Elise Martin, for help. She is thrilled at their eagerness, but makes sure they have the blessing of IP section leader John Shaw and marketing partner Michael Nestor. She then promptly leaves for a one week vacation.

August 28 � Back from vacation and well rested, Martin meets with the associates to discuss domain name registration, blog features and content creation. But, more importantly, the pros and cons of creating and maintaining a blog.

August 31 � Plan is set out, and a proposal is requested from the firm�s web developer.

September 6 � The total cost is about the equivalent of lunch for four, so they go ahead and approve it.

September 11 � The project moves forward. Expected turnaround is one week. Associates create content and select features and categories.

September 20 � The first post. DelawareIPLaw.com is a reality.

First-Year Associate Marketing Plans - It is Never Too Soon To Start

By Micah U. Buchdahl, Esq.

A version of this article was originally published in The Legal Intelligencer - Fall 2006

It was not too many years ago that the simple concept of talking to summer associates or first-year associates about a law firm�s marketing initiatives would be considered utter blasphemy. In year one, you had one job to do�keep your head down, do as you are told, and bill like nothing else exists in the world.

Times change.

Today, lawyers talk about crazy things like �work-life balance,� �flex time� and �attorney sales and marketing.� And they start talking about those things during the recruiting dance�not as some possible future consideration.

Joshua Ryan is getting ready to begin his third year as an Associate at Volpe and Koenig, an intellectual property law firm in Philadelphia. Just months into his first year, he sat down with the firm�s marketing shareholder to discuss an initial business development plan.

�I was asked about my interests and how I might get started,� said Ryan, who attended law school at Villanova and college at Penn State. �I decided to join the Young Lawyers Division of the Philadelphia Bar Association. That has led to many new contacts and involvement in some pro bono efforts. I�ve also now joined the Public Relations Board of the Young Professional's Network through the Philadelphia Chamber of Commerce. After just two years of practice, I�ve had a chance for public speaking, authoring articles and lots of association involvement. They say that it takes years to develop all these networks, so get started early.�

In just his second year as an Associate out of the Temple University School of Law, Ian Fredericks practically has a full-fledged marketing portfolio. The bankruptcy lawyer at Young Conaway Stargatt & Taylor in Wilmington, Delaware, is editor of the American Bankruptcy Institute�s financial advisors� committee newsletter. He has co-authored multiple articles for publication, attended networking functions with partners, and created a bookmark summary of the recently amended bankruptcy code�all in his first 24 months!

�It really makes you feel like a part of the firm�s overall business rather than just another associate in a large practice,� said Fredericks. �There is definitely a sophisticated business development philosophy here.�

These experiences by young attorneys are not necessarily the norm, but are reflective of a changing attitude in developing a better-rounded Associate that will be more prepared for �rainmaking� responsibility when the time comes.

�There are two schools of thought at play,� said Michael Nestor, Young Conaway�s marketing partner. �Some believe it is important for newer attorneys to just focus on the basics and not worry about things like marketing. Our feeling is that it is never too early to learn, and if you have the desire, we do not want to discourage it. At the same time, none of this is going to be forced on you in your early years.�

So, how does a first-year associate or his/her law firm get the ball rolling? The key is to remember that this is truly preparation for a marathon and not a race to develop business. You need to craft a short, mid and long-term marketing plan based on your own strengths and interests, paired with the firm�s practices and business plan.

Remember�networking trumps all.

You can write until your hand is numb. And speak until laryngitis takes its toll. People in this business will tell you that it is as much �who you know� as �what you know� when it comes to business development. And they speak the truth. It is never too early to build your network. Those relationships will provide a flow of business for the rest of your career. Whether you realize it or not, your college and law school classmates are most likely to be the easiest to build upon. Try your best to stay in touch. Nobody wants to hear from you after they�ve already become a CEO or in-house counsel someplace. Unless, of course, you have taken the time to stay in touch all along.

The myth for some is that most organizations are cliques, and it takes years to become active. Not in today�s world, my friend. Organizations of all size are usually desperate for people willing to �get their hands dirty.� There is no quicker route to boards, executive positions and great speaking & writing opportunities than to actually do something. There are plenty of potential routes to take:

1. Bar Associations � No brainers. State, county, national, international. There is no lack of choices. Pick one or two and devote some time and dollars. Your practice and firm size will guide you along. For example, if you have a local-oriented practice (i.e. family law, real estate, personal injury), keep your association local. If the practice is more national or international in nature, go that route. At the same time, while not always the case, the smaller the firm, the smaller the association. A sole practitioner will often join a county or city bar. A large firm associate will often lean toward the ABA or a related practice-specific organization. Think long-term.
2. House of Worship � I never advocate pulling out an �elevator speech� on Yom Kippur, but religious institutions often put people in a friendly, spiritual, non-threatening environment. Get on the board, join a committee, attend a service. Being a first-year can get trying; you would not be the first to reach out to your Almighty for guidance.
3. Charitable Organizations � It is often most effective to pick a charity near and dear to your heart. Besides the contacts you make, it is good for the soul. And lends itself to the intangible �human factors� that truly go into many decisions for selecting legal counsel.
4. Neighborhood Associations � Another network where you already have something in common with everyone else.
5. If you�ve got kids, use them � In a good way, of course. Volunteering for activities at school, scouts, karate, ballet, soccer. You might not think it is a �law firm business development opportunity�, but you�d be wrong.
6. Ply them with food and alcohol � Some of you have small business promotion accounts that can be used to entertain clients and potential clients. If you do, use it to build upon professional and personal relationships (in the end, the two blend together). If you do not, take some of your newfound wealth and invest it here. I read the Legal. I know what you are making. Pick up a tab, for goodness sakes.

Crafting the marketing plan.

1. In year one, pick one marketing activity to call your own. And devote a pre-set amount of time each month to business development. It can be an hour or a day, but lock in a reasonable time commitment.
2. Figure out a budget. And do not be shy about soliciting funds internally.
3. Don�t hesitate to market your own marketing. At a minimum, be sure to send your �news� to college and law school alumni magazines, your hometown newspaper and your current �home� local. Some large law firm marketing departments will do this for you.
4. Be sure your activity is making it onto the firm�s web site and onto your bio.
5. Regardless of your new law firm�s marketing department size, they are always looking for volunteers. Let them know you�d like to do some thing.
6. Attach yourself to a good rainmaker or marketer. Your mentor may be the right person, or not. Learn from those that are doing seminars, writing and networking. They are often eager for associates to help them with current initiatives.
7. Do not overdue it. �I was trying to be a rainmaker,� is not a justifiable defense when review time comes along. While your efforts may pay long-term dividends, the �super biller� is going to clobber you in the short-term.
8. However, if you just hate your new law firm and must get out, increase efforts to promote yourself through writing, speaking and volunteering. You are not on the partnership track anyway. You�ll need to beef up your post-law school credentials quickly.
9. Be patient. ROI (return-on-investment) in professional services is a little more difficult to track. But you�ll know when it starts working for you.
10. If you are not having fun doing it, you probably picked the wrong activity.

Pro Bono Counts!

If your firm has a significant pro bono program, that does count as �marketing� in my book. It provides networking, media and public relations opportunities, the �do-good� in the community, and can often be parlayed into many of the aforementioned marketing activities. It sometimes seems in poor taste to use �pro bono� and �marketing� together�but they do work hand in hand.

Advertising, Sponsorships and Conferences

While they all have marketing benefits, and are a big part of a law firm�s budget, for the new associate, the focus should be on the longer-term, more grass roots type of business development. There is a time for spending dollars on ads and sponsorships, but first you need to lay the groundwork that you build upon. Conferences are best used to support the organization�s you have selected as part of your network. And, no, getting your CLE is not a true use of a marketing budget (yet is sometimes an ancillary benefit).

Good luck!

Welcome to the practice of law in the 21st Century�where you might not need to practice business law, but everyone needs to understand the business of law.

Micah U. Buchdahl, Esq. is the Vice Chair of the American Bar Association�s Law Practice Management Section, where he leads many of the organization�s marketing and educational efforts. He is president of HTMLawyers, Inc., a law marketing company that provides consultative services and programs to law firms throughout the world. He is a member of the Pennsylvania Bar, and attended Temple University as both an undergraduate and for law school. He can be reached at (856) 234-4334 or via e-mail at micah@HTMLawyers.com.

ABA's First National Marketing Conference Is A Hit--Returns November 2009

The ABA's first-ever national law marketing conference took place November 8-9, 2007 at the Omni Shoreham in Washington, DC. Based on the tremendous interest and success, the second biannual conference is now scheduled for November 12-13, 2009 at the Four Seasons Hotel in Philadelphia, PA.

If you missed the last one:

The Law Firm Marketing Strategies Conference commemorated the 30th anniversary of Bates v. Arizona, and examined the state of law firm marketing for U.S. law firms, and the hottest issues presently on the table. After three decades, what is the current state of law firm marketing? Where do we take it from here?

In keeping with IMA policy, this is a not-for-profit conference in which there is no for-profit value to IMA or Micah Buchdahl, who served as program chair for the inaugural ABA conference.

Buchdahl Ascends to Chair-Elect of ABA's Law Practice Management Section

Moorestown, NJ, September 1, 2008: Micah U. Buchdahl, President of Moorestown, New Jersey-based HTMLawyers, Inc., a law marketing consulting company, has ascended to Chair-Elect of the American Bar Association�s Law Practice Management Section (ABA-LPM).

Buchdahl, a Pennsylvania-licensed attorney, continues as a member of the four-person executive board for the largest law practice management organization in the world. As he prepares for his upcoming year as section chair, beginning September 2009, Buchdahl has announced that the LPM Fall '09 Meeting will take place at the Westin Dawn Beach in St. Maarten; the LPM Spring '10 Meeting will be held in Las Vegas, Nevada. The second biannual ABA Law Firm Marketing Strategies Conference will be held November 12-13, 2009 at the Four Seasons Hotel in Philadelphia, Pennsylvania.

"I have enjoyed serving in leadership within the ABA and playing a role in the advancement of law firm practice management," said Buchdahl, who received his J.D. from the Temple University School of Law. "While working with law firms each day on marketing and business development strategies, I find the day-to-day interaction with LPM lends itself to furthering my education and abilities."

With automatic succession, Buchdahl will ascend to chair ABA-LPM following the terms of current chair Walter Karnstein.

The mission of the ABA Law Practice Management Section is to provide innovative and practical information on marketing, management, technology, and finance, enabling legal professionals to better serve clients, achieve career goals, and balance their lives. The American Bar Association is the largest voluntary professional membership association in the world, with more than 400,000 members.

Survey Says...You Should've Asked!

SURVEY SAYS�YOU SHOULD�VE ASKED!

Law Firms finally turn to a proven form of market research to learn what they thought they knew.

By Micah U. Buchdahl

For starters, it is important to point out that client surveys are different things to different people. And there is no single �correct� way of doing them; only �incorrect� ones.

Client Surveys can range from virtually no-cost (online, telephone) to little cost (via mail) to varying levels of budgets (in-person meetings, focus groups). Your budget should be driven by (a) the type of practice; (b) the type of clients (i.e. consumer, general counsel, prospective client); and (c) the goals for utilizing the survey data.

For budgeting purposes, the most significant cost is often in the third-party that structures the survey, conducts the interviews and creates a report from the findings. Many elements of the survey preparation (such as client/industry research) can be conducted by the firm to lower cost. Keep in mind the internal costs of billable hours and marketing staff when defining project cost.

Personally, I started focusing on client surveys after seeing the way many consulting firms promoted law firm client surveys in their own written promotional materials. They often focused on how the firm was described, or how they felt about the firm (i.e. satisfied, dissatisfied, tolerable); lots of benchmarking; and the process of hiring outside counsel. Those are weak starting points because human nature prevents people from telling the truth in response to those types of inquiries. That is not to say you can not get the answer. Only, it must be through more general approaches to the industry and the practice of law.

While �benchmarking� and comparative data from similarly-situated firms are nice to show how you might stack up with another, I often ask �who cares?� I need to now how I am doing and how I am perceived and how I can improve things. �Deliverables� through solid market research. Translating data into dollars, through action plans and better short and long-term strategic planning within your firm.

What a survey can help you accomplish:

� Get a clear picture of your relationship with the client.
� Redeploy resources in the direction that the client sends you.
� Discover ways to cross-sell and provide new business.
� Prepare marketing plans that mirror your data.
� Follow client revenue from survey participants in the short and long-term.
� Get an all-important �touch� from key clients and those you would like to become more significant to the firm.

Planning for a Successful Client Survey:

1. What are you trying to accomplish? You need clearly stated goals from the outset.
2. How expansive do you want this survey to be?
3. How much is the firm going to invest in dollars and human resources?
4. Figure out who you want to survey.
5. Determine who is going to conduct the survey.
6. Create a list of what you want to learn.
7. �Market� the survey to participants, showing them how they are benefiting from participation.
8. Have a game plan for disseminating and reacting to the data.
9. Track survey participants in the short and long term (i.e. revenue).
10. Before starting, have a start/end date for the survey and a realistic number of participants planned.

Which clients participate?

Depending on how extensive the project is will dictate the mix of clients participating. In some instances, a boutique may only seek out data from one type. In others, the target is limited to a specific set (i.e. Fortune 100 GCs). The selections go back to the goals (which can vary significantly).

1. High Revenue
2. Low Revenue (with greatest growth potential)
3. New practices/locations to the firm.
4. Hot Industries
5. Squeaky Wheels � They�ve been waiting for this chance.
6. Market Research � Use to determine firm planning for specific regions, practices or industries.

What type of questions do I ask?

Poor surveys focus too much on what the law firm does, do not or might supply. The true value is in learning what the client and the client�s industry is doing.

� How many law firms do you utilize?
� How do you budget for �legal�?
� What is the state of the company?
� What is going on in your industry?
� Increase or decrease in use of outside counsel?
� Have you been changing law firms, or decreasing the number of firms you use?
� To what type of matters is your legal budget going?
� What do you keep in-house vs. outsource?

Plan of Action

Do not ask about what you can do better and NOT immediately address the issue.

� How do you handle a client request or complaint?
� How do you disseminate the information in a usable form to offices, practice groups and attorneys?
� Do you share the results with the client?

Client Services:

Just one component to the standard in-person client survey meeting.

� How do you rank compared to other firms?
o Cost
o Responsiveness
o Delivery
o Quality of Work
o Need for multiple offices, practice areas
o Knowledge of Business
o Knowledge of Industry
o Ability to �make money� for the firm
o Loyalty
o Importance in Community
o Lawyer Pedigree
o Thinking Outside of the Box
o Are you pro-active?
o Do you anticipate the clients� needs?
o Education/Training Services
o Diversity
o Technology
o Office Space/Resources
o Attorney Staffing
o Non-Lawyer Staffing

Do you even get the RFP?

Make sure you are invited to pitch, for areas and offices that are outside the scope of the business you are getting, but not outside of what you or your firm can offer.

Is there such a thing as too much experience doing client surveys?

Yes. Chances are the more surveys a firm is doing, the more cookie-cutter the approach and the results. In addition, if you are doing major �players� in many markets and industries, you do not want the same third-party interviewer going back for yet another law firm. As a rule, I keep the firm; the results; and the findings from surveys strictly confidential. Many companies sell the idea that they make results available through databases and publications. That data, if handled right, is some of the most sensitive (and valuable) market research you�ve got.

Real Life Law Firm Survey Samples:

All of the following examples can be found on the respective law firm web site.

Fulbright & Jaworski
Litigation Trends Survey

For the second year in a row, F&J commissioned an independent survey of corporate General Counsel, in the US and UK, regarding a wide range of litigation trends. The 354 conducted interviews made this a statistically significant survey sample.

General Topics addressed: Litigation Exposure, Experience, Cost; Measuring Success; Litigation Management, Hold Policies; Class Actions; International Arbitration.

Kirkpatrick & Lockhart
Top of Mind Senior In-House Counsel Survey

For the third year, KL commissioned independent researchers to interview senior in-house counsel in FORTUNE 500 and 1000 companies. Phone interviews with 97 senior decision-makers.

Fennemore Craig
Client Service Survey
Online at www.fclaw.com

Powell Goldstein
Client Interview Program
The web site has a description of the rationale, purpose, outcome and program administered by the firm, online at www.pogolaw.com/f-cip.html

Micah Buchdahl, Esq. is President of HTMLawyers, Inc., a Moorestown, NJ-based law marketing company that provides client survey support to major law firms throughout North America. Micah can be reached at (856) 234-4334 or via e-mail at micah@htmlawyers.com.

Gorilla Marketing -- Is your law firm advertising ethical and PETA-friendly?

The rekindling of a long-standing debate in Florida regarding the use of a pit bull in law firm advertising beckons the question: Is your law firm advertising PETA-friendly, as in the promotional ethical treatment of animals?

Read Micah's marketing ethics article, as seen in the Fall 2004 issue of Small Firm Business.

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