Author Archive

Practical skills for lawyers? What a concept.

I read in today’s National Law Journal that California might, gasp, require lawyers to have practical skills training before they are licensed.

A task force of the State Bar of California has recommended that new attorneys be required to complete at least 15 hours of practical skills training and 50 hours of pro bono service before they are admitted to practice.

If adopted, California would be the first state to mandate real-world training in law schools and the second to require pro bono work of new attorneys. New York was the first state to require pro bono work and a judicial committee in New Jersey has recommended the move.

What is sad is that while a long time coming, what good will it be if we don’t continue to require such skills training once these associates join law firms or hang up their shingle?

Think about it. When the current rainmakers and managing partners were in law school there was no Internet to the degree there is now. No Blackberries. No iPhones. No social media.

There was no such thing as e-discovery. Scanning. Electronic filings.

“Real-world training” is not something you learn once and then you have it.

When I was working at a certain Am-Law 50 firm I put in to attend the Legal Marketing Association‘s annual conference. It was declined because budgets, bla bla, not fair that I go every year. I spoke with the firm-wide managing partner, who supervised our department:

So, this is it. I am as good as you will ever need me? I don’t need any new skills? I don’t need any new knowledge? You don’t need any more out of me than I am giving you?”

Her reply was “Have a great time at the conference.”

“Real-world” training HAS to be continuous. And there is only so much we can do without the support of our firms.

Unfortunately, in the “real-world” legal environment we motivate lawyers by money and hourly requirements.

If the bar associations want to make a real change and investment into the lives and success of our associates (who, by the way, are our future rainmakers and managing partners), then they need to start allowing marketing, business development, technology, and business trainings to be eligible for CLE credits.

They currently require ethics and substance abuse/addictive disorders credits, why not the “business of law” credits?

Until then, these “non-billable” “activities,” that can make or break a law firm’s business model and operations, will continuously be sent to the back burner, or ignored all together.

When you look at the latest AmLaw 100 rankings, you are looking at multi-million and multi-billion dollar a year GLOBAL operations. Yet they are loathe to turn the business operations over to “non-lawyers,” and God-forbid you actually pay them a salary that in on par with what the partners are making.

While I applaud the California Bar Association for taking this baby step, a leap is what we really need.

Why yes, Amy, I did learn two new things

After PartySpoke on a panel yesterday with Adrian Lurssen and Molly Potter on content marketing. Adrian Dayton was the ring-leader. Lots of good folks in the room.

Adrian D. kicked things off with a giant piece of paper on each table asking us to write down what we hoped to get out of the program.

From our table Amy Knapp threw out: “I want to learn two new things.”

As we were all presenting from our table, our knowledge base was different than the rest of the room, and I wondered if I would actually learn two new things.

However, I always say that I define a program as successful if I can walk away with one new ACTIONABLE idea.

I came away with three new things:

  1. Google Authorship. Seriously. What rock have I been sleeping under? Kevin O’Keefe wrote about it way back in March here. Time to play catch up.
  2. Clicky: Web Analytics in Real Time. I originally hosted The Legal Watercooler on Blogger and got great analytics, including the name servers visiting my site. When I switch over to WordPress a few years ago, I lost that feature in my analytics. Amy shared about Clicky and before I left the room yesterday I had added it to my blog. So watch out. I can see you again.
  3. Adrian L. simplified a concept into one sentence that resonated with me, and something I am sharing with the lawyers at my firm who blog: Blog titles should tell the reader WHY they should open up and read the post, not WHAT they are going to read. It’s not that I didn’t know this. I just needed to hear it this way.

So, all in all, very successful program.

Prospecting for Clients

Oh, those crazy kids over at Law Firm Satire are at it again. This time, an homage to Ken Burns inviting you to the LMA-Bay Area Technology Conference.

You can’t untweet that tweet: Lessons for my teen, Adam Levine and us all

A colleague posted a link to Teenagers: Why You Should Care About Your Digital Footprint that I shared with my teen who just got her Facebook account, and the parents of other teens.

It’s good reading, and a good reminder, for us all.

The main lessons:

  • Information travels fast and is often taken out of context
  • Don’t be impulsive
  • If you wouldn’t say it face to face, don’t say it in the social space
  • Not everything is personal
  • You are not as anonymous as you think
  • Your online actions could make or break you
  • Stop Before You Hit Submit
  • Further:
    • Who will see it?
    • What can they do with it?
    • Could this impact me in the future?
    • Why do I want or need to share it?

As Adam Levine is learning today, something said in passing can also be posted to social media, and take on a life of its own. I know Adam doesn’t hate America. But, wow, talk about a quip heard round the world.

On a smaller scale, it is the comment or picture that gets picked up and spread around the school.

Or the office.

Or the industry.

Teens and celebrities are not the only ones who hit that send or publish button too quickly. Or have something they said picked up and distributed out of context. That’s nothing new. Been happening since Outlook took over our e-mail servers in offices.

However, that was also before Above the Law started republishing, and then promoting,  e-mail scandals on its website. Before Twitter and Instagram and Facebook could reach thousands within a span of moments.

Remember the CFO of that company that got fired when he posted his YouTube rant. Just Google that phrase and you have page after page written about him. That will never, ever, ever go away. Bet he regrets that now.

  • So, remember your grandma, or your mom before hitting that send button.
  • Always assume anything you say or type is being recorded and could be shared.
  • There really is no such thing as privacy, and, as Ben Franklin said, “Three can keep a secret, if two of them are dead.”
  • You cannot hit delete, or recall that e-mail, fast enough. There will be a permanent record.

Knowing the nice Jewish boy that he is, I’m sure there’s an great-uncle, aunt or bubbe reprimanding Adam’s parents right now.

Trust me. I know. The last thing anyone wants is to the be the focus of the family’s gossip on Rosh Hashanah or Passover. Or the ridicule of the school yard. Or the gossip at the next industry event. Or be the lead story on Above the Law.

Should you hire for function or fit?

It is no secret that I’m very interested in how teams work, how individuals (ME) fit into a team, and how we all come together to get the job done.

A colleague of mine posted an interesting job description for a Director of Law Firm Marketing and Public Relations:

  • “Intense Measurement” is your mantra. You prescribe to the theory that water boils at 212⁰F. Not at 210⁰ or 211⁰. It has to be 212⁰F. Even if you have 99.5% of the heat you need – your water is at 210⁰F – it won’t boil. Yet if you just tweak one or two small things – move the pot slightly to the right or increase the fuel a hair – suddenly everything changes. The water starts to boil. The same applies to the Marketing and Public Relations Director’s job – you can put lots of effort into it, but nothing “boils” until you look for those missing, magical “degrees” that could change everything. Whether you need to place more “streaming ads” on sports radio stations on Mondays, you need a direct response campaign during the heaviest tax return weeks, or you’re convinced we need a same-sex only divorce site (one in five couples meet online, but three-in-five gay couples meet online)…you never give up and the “perpetual beta” is something that you focus on day-in and day-out;
  • You’re a quick study with strong people skills…you have the ability to read people quickly (and accurately)…you are approachable, inspire candor and welcome multiple points of view;
  • Basic marketing research skills: you know how to collect information, analyze research and develop reports explaining their findings. You use calculations and formulas to evaluate data as you attempt to forecast future trends, and use information you find to support these claims;
  • You have a love and knack for writing, you “rock” in social media marketing, and you can write original copy based on your solid understanding of our primary areas;
  • You are proficient in Microsoft Office and Acrobat, and you know the basics of Photoshop, Illustrator, and InDesign, and
  • You can juggle multiple priorities simultaneously, establish clear priorities, meet deadlines and remain laser focused on the goal in a never-ending environment of change.

I love it.

I would hope that the resumes coming in will be include a wider pool of folks who will be the right fit, but perhaps not have the spot-on skill set that you would get from a functionally focused job description.

Some of these skills can easily be learned, especially if you have an inquisitive personality, and enjoy learning new things. But you cannot teach someone to be inquisitive or have a desire to learn.

Reminds me of some interview questions I’ve been asked over the years: “How can you market us in New York when you live in Los Angeles?” “Can you tell us about your experience marketing lawyers within the ABC industry?” “Who are your PR contacts in XYZ community/industry?”

Really? Why not ask me what I’m going to do in my first 90 days?

I don’t need to live in Santa Barbara, or Silicon Valley, or Denver to understand how to build up and learn about those markets, manage resources, and identify opportunities. Yet I have successfully taken on responsibilities in all of those markets, and work with lawyers to expand their practices in each community.

I knew very little about the insurance industry when I took on my current job. Probably why I subscribed to every insurance industry/business publication I could find during that first week.

We recently held a very successful industry conference for one of our practice groups. I didn’t sit in the sessions as my head was focused on all the logistics and I wouldn’t have heard a thing.

One of the lawyerly types said I would probably be bored learning about the minutia of what they do.

Actually, I do need to know what the lawyers do, and how the clients operate, but on a just below the surface level.

As I told one of my partners: I need to know enough about what you do to identify opportunities and help you market your practice.

But the real answer goes a bit deeper then that:

  • I need to understand the marketplace where the attorney operates. I need a clear understanding of who their buyer and influencers are.
  • I need to know the legal resources used, and where to find the answers to questions I might have.
  • I need to know the legal terms, and the major laws and legislation surrounding the industry. Where are the hurdles and brick walls that clients come up against?
  • I need to understand the business lines of the clients involved, and how they are currently operating in the marketplace. I need to have a clear understanding of the business needs and concerns of the client.
  • I don’t need to know enough to do the lawyer’s job.
  • I don’t need to run the client’s business.
  • I need to be able to connect the dots between the client’s business problems and our attorneys’ legal solutions.
  • And I really need to understand how my firm and our attorneys differentiate from our competitors.

So lacking specific industry, marketplace or functional experience should not be a game-stopper for interviewing or hiring an individual for a specific job. For those involved in the hiring process I would want to know:

  • How does she fit in the existing teams within the firm, practices, departments?
  • What are the qualities of his personality that will move projects along and get the job done?
  • Does she have the thirst for knowledge and inquisitive nature to seamlessly take over an existing position, or create a new one?
  • Can he fit in and manage the attorney personalities within our firm and culture?

Back to the questions at hand: Should you be hiring for fit or function. I’ll go with the Pareto principle on this one. 80% fit and 20% function.

What’s the etiquette rule on returning unsolicited calls and emails?

I was out of the office sick on Friday (yes, I was legitimately sick, on a Friday before a 3-day weekend, thank you very much), and am slowly going through my 100+ emails.

The amount of spam is out of control. Usually I just “block” the sender and move on.

But I am noticing a new trend in here.

It’s the personal requests, that are turning into guilt, that turn into anger messages painting me as rude for not responding.

Some of these requests are so bold that they are now attaching meeting requests to drop onto my Outlook calendar.

Look, I didn’t ask you to email me. I didn’t ask for information about your product or service. And, frankly, if I responded to the emails, I think a tribble cascade would begin, so I delete. I mark as spam. I move on.

I just know if I were to reply “no thanks,” they will take that as a permission to start emailing me more. Or, worse yet, calling me and leaving messages.

So here’s my dilemma.

Sometimes I actually know these companies so I can’t block them.

Some of them are well-known service and product vendors in my industry. It might even be a product I am interested in for down the road, but I can’t let on, or the tribble cascade beings and the next thing you know it is out of hand.

I don’t think the onus should be on me to have to return an unsolicited call or email. If I don’t reply, can’t you take that as a “she’s not interested” and move on?

And don’t make me feel bad for not giving you 15 minutes of my time. Because it will never be 15 minutes. You and I both know it.

I’m not looking for an answer here. I’m just venting and justifying my deleting and blocking so many emails today.

 

Release the Kraken and Unlock that Content

Just sat in another program where the editor of legal publication said that under absolutely no circumstance will they open up their content. It is all safely tucked behind a firewall. They are in the business of selling newspapers, after all.

I disagree with you, Mr. Editor. You are in the business of distributing content.

Yes. You need to make money. But you want to make money off content that my law firm and my lawyers produce, either by writing articles, being interviewed, submitting our wins and losses, joining your submissions of best whatever.

As far as I am concerned, a publication is only as good as my hyperlinks to it.

If you lock away all of your content, you provide very little value to me and my firm.

I am not asking you to give away your content. But make it searchable. Accessible.

Include the headline, byline and first paragraph. Law360 does that. Gives me something to link to. Sure, it’s a paid service to read the content. I put (subs. req.) after the hyperlinks. But they give me something to hyperlink.

Oh, and I pay Law360 for that service, by the way. And happily so.

So release the Kraken and unlock that content. Or at least give me a little tease.

We are all Moore. We are all Boston.

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I am beside myself tonight. The news is horrible coming out of Moore, Oklahoma. And it keeps getting worse.

But that is not what is upsetting me the most.

It’s the damn auto tweets and posts that seem so out of place between the devastating news.

Here I am. Sitting safe and sound in Los Angeles. Yet I feel like I am there.

Social media provided me a first hand account of what was happening to my friends and colleagues in and around Oklahoma City today.

  • Patrick picked up his kids at school while his wife was huddling in the stairwell of her work.
  • Stacy was with the kids in the middle of the house as the storm passed through Tulsa.
  • My friend Tim is a reporter in Norman. I sent him a note via Facebook. I cannot imagine what he has seen today.

When The Voice tweeted out asking who I was going to vote for, I replied:

@heather_morse: .@NBCTheVoice no voting. Too busy praying for the missing children in Moore, OK. #stopautotweets

A few if us are commenting on Twitter how the auto tweets need to stop. It was only a month ago I wrote this piece, When tragedy strikes pull your auto posts immediately.

And yet someone on my feed defended them. She’s from OK. She thinks it’s OK to tweet about other things.

I disagree.

When you have hundreds, if not thousands of followers, you don’t know who is going to be offended. Who is turning to Twitter or Facebook to try and find and connect with family since phone lines are down.

How hard is it to just stop for 24 hours? Give everyone a breather from what you are eating, or what seminar you have coming up? We don’t have to always have something witty or pithy to say.

What does the disregard for others who are personally impacted by a disaster like this say about your brand? About you?

And it’s not just in social media.

I had an “owner representative” from my timeshare call me tonight. I told her that I found her call to be highly ill timed due to what was going on in Oklahoma. She didn’t get it and, oops, we were disconnected. Normally I’d call back and complain, but I was too invested in the news to care.

All I know is that tonight my heart is breaking for people I do not know. For the children. For their families. For the young man who was crying that all he owned in the world were the clothes he was wearing and his shoes.

I don’t want to be sold anything right now.

I don’t want a robo-call or auto post to invade my space.

I am turning to my social streams for news. Updates. Hope.

To quote Woodsy Owl, “Give a hoot. Don’t pollute” my social streams.

Tooting my own horn

I had a busy month. INSANELY busy month preparing for my firm’s inaugural industry-focused conference.

And it came off without a hitch. Seamless. Pretty damn perfect if you ask me, or read the evaluations. A couple typos and one missed nametag. A speaker had to back out at the last minute, but it actually set up a great joke.

Many years ago I got the worst piece of advice, ever: Do a good job and people will notice.

What a crock of shit.

When you do a good job, you need to let people know. When you do a damn good job you need to write a press release or a blog post and let the world know.

Speaking with a partner at the conference, he said the best marketing he does is doing a good job.

I called BS on him, and, after a brief discussion he agreed.

If the guy over there is doing a good job, but is promoting his successes as if they are great, people, and potential clients will take notice.

Everyone reading this knows “that guy” or “that girl.”

You know. Your competitor. Your rival, friendly or not. He isn’t that good at his job. She really isn’t that smart. Has a reputation for not being the best lawyer, marketer, reporter.

But dammit, they have the job, the client, the work. Not you.

They are the one speaking at the podium at that industry conference. Not you.

They are the one quoted in the article. Not you.

They got the job. Not you.

They got the raise and the bonus. Not you.

As I told my boss when the conference was nearing an end: I didn’t do just a good job, I did a great job.

I have a set of skills that is unique in the marketplace. I know enough about enough to throw a seamless event and conference with minimal, and I mean minimal, assistance. And on budget, thank you very much.

I don’t know too many people out there, other than Dee Dee Irwin, who could do the same.

But I had a lot of support. I have a boss who backs me up and allows me to speak freely. I work for a partnership that stood back and let me do what I had to do to get the job done. I am treated with respect as a colleague, not a staffer, or “non-attorney.

I am very lucky to work with the people I work with every Monday through Friday. But, then again, so are they.

What? There are only FOUR jobs in this world????

Who the hell is Lou Adler and how dare he come up with such a brilliant, simple, and concise description of the workplace? There Are Only Four Jobs in the Whole World – Are You in the Right One?

Everything starts with an idea. This is the first of the four jobs – the Thinkers. Builders convert these ideas into reality. This the second job. Improvers make this reality better. This is the third job. Producers do the work over and over again, delivering quality goods and services to the company’s customers in a repeatable manner. This is the fourth job. And then the process begins again with new ideas and new ways of doing business being developed as the old ones become stale.

In the post, Lou goes into more detail as to the roles the Thinkers, Builders, Improvers and Producers play. So go read it.

All of this reminds me of the team assessment I recently did for the LMA board of directors, via The Gabriel Institute. Talk about light bulbs going on in a room. Not only did I understand myself at a whole new level, I started to understand and appreciate the VALUE every person, including myself, on that board brings to the TEAM.

I am sooooooo tired of looking inward at me, me, me. I want to know more about how this mish-mosh, mutt of a person/employee/leader interacts and works with YOU. What dynamic do I bring to the team? And is the team the right group of people to get the job done?

So, let me introduce myself, I’m an ENTJ who is a Driver (dominance). But more importantly, to the team, I am the Conductor (solving tough problems) and an Improver.

 

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