Archive for the ‘ Random Rant ’ Category

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.

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.

Hitler and I agree: Damn You Google

I invited JD Supra’s Adrian Lurssen to my San Francisco office to give a presentation to our lawyers up here. Fire them up to take our blogging and content to the next level. We had a full house. Great discussion. And then he broke the news to me about Google Reader being retired.

Just had a cool working lunch with @heather_morse at @bargerwolen in SF. Biggest takeaway for Heather: Google Reader is shutting down. :-)

— Adrian Lurssen (@AdrianLurssen) March 14, 2013

I had my own little tantrum. But I have to say, Hitler sums it up for me below. Enjoy. Damn you Google.

You really are not that special, and neither am I

Oh, I’ve been seeing people posting on Facebook and elsewhere how special they are. Seems LinkedIn sent them a notice that they are in the top 5% or 1% of profiles viewed.

Yeah, yeah. Bla, bla. Me too. So what?

HMM LinkedIn

Am I better than 99% of you because I’m in the top 1% of LinkedIn profiles viewed?

Does this new elite status make me a better legal marketer, board member, blogger, Girl Scout Leader, wife or mother?

If my profile is viewed more than Despina Kartson, does it make me a better strategist?

If viewed more than Aleisha Gravit, a better organized and systematically logically thinker?

No.

My value and contributions to my profession are not based on how often my profile is viewed. This new LinkedIn status does not make me special, a best, or super, or whatever person.

My value and contributions are based on my actions and my reputation. My work product, and my ability to showcase it.

Being in the top 1% of LinkedIn profile views just means the spam-bots have found me. Now, do you want to buy some cookies or what??

Buy the Cookies

 

Step away from the vanity ad …

trouble-with-tribblesNot sure if you’ve checked your in-box yet, but there’s another opportunity for you to purchase an ad based on your latest ranking.

Oh, I know you are a preeminently, super, best lawyer, but please, stop buying these ads.

The opportunities appear to be multiplying like tribbles, or ads for male enhancement paraphernalia in my junk mail folder.

Yes, this one looks cool, and that magazine is great, but no one, no one, no one, especially a general counsel, will base their purchasing decisions on these ads and rankings.

I have seen a few RFPs asking to know how many lawyers are Chambers or Martindale AV ® ranked, but I am very skeptical of how and why that question got in there in the first place.

These “opportunities” are all about playing on the lawyer’s vanity, and some company making money off the plaque, video, or ad.

Not sure if you realize this, but they never contact the marketing department on these opportunities, because they know what we know:

  • They mean nothing.
  • They are all for show.
  • They are all about selling advertising.

Don’t get me wrong. I am not against advertising when it is part of a branding campaign and done well. However, the purchasing of a vanity ads does not fall into this category. I do believe that you can strategically use the information to your advantage, but it needs to be strategic, which does not include purchasing an ad.

General counsel do not hire you because of a ranking. They hire you because they have a business problem, and you have the skills and knowledge to solve that problem.

You do not need one of these countless directories to tell that story for you.

With all that said, if you’re cool with knowing that we will not be able to measure new business back to the vanity ad, that it is all for show, and it does not influence the purchasing decisions of general counsel, I’ll go ahead and spend your money for you. I’d rather get a new pair of shoes. But what the hell. At the end of the day, it’s not my money.

The First Rule of Legal Marketing

TRUST. If you ask me, the first rule of our profession is trust.

Without trust we cannot do much in our firms. Without trust we cannot learn and share with one another. Without trust we cannot mentor, or be mentored, by the incredible leaders of our profession, who are still around. Which says a lot about who we are as a community.

We had a breach in trust yesterday.

I started a Facebook group for legal marketers a year or so ago. I had a question I needed to ask. I should have known the answer, but I didn’t. I didn’t want it posted in a public forum where it would live there forever. So I started a group with a dozen or so of my legal marketing friends. Not all LMA members.

I invited my friends to invite their friends, and the group has now grown to 257. I don’t even know a lot of these folks. But I still feel comfortable openly sharing. If I trust you, and you trust your friend, then I trust your friend.

Per Facebook rules, the group is “secret” so that our conversations remain completely private on our personal walls, but is open to all to join. (If you want to join the group, send me a message on Facebook).

But whether on Facebook, in an e-mail thread, at an LMA meeting, or a board meeting, we legal marketing professionals openly share with one another.

We don’t collude or plot, but we share our difficulties and frustrations that come with our jobs, and seek out solutions to our challenges from our peers.

This level of trust amongst us has allowed us to create something really, really special: friendships.

I count amongst my closest friends members of my profession and/or professional association. Some are service providers. Some are competitors. Some are true peers.

These close friendships allow me to not only do my job better, but allow me to be a better and more authentic Heather.

I trust you to see the vulnerable me. The real me.

When I am mentoring new members of our profession, I always start by telling them about this trust thingie we have going on. How you can pick up the phone and call anyone. How you can ask a stupid question.

In the past 14+ years that I have been doing this, I can honestly say that breaches in trust are few and far between, but the damage one breach can cause can be immense, and can do great harm.

However, I would caution all of us to not allow these rare breaches of trust to impair our culture of trust. It’s what makes us special. It’s what makes us a better community. It’s what makes us better legal marketers. And it’s what makes us better friends.

No More Excuses. Learn This S*** Already

Jonathan Fitzgerrald, CMO, Greenberg Glusker (Bad for the Brand and so much more) and I sat down yesterday to discuss our upcoming Webinar Best of the Web for Professional Development.

Of course, a Vente iced-coffee propelled us off topic now and again, and at one point we started ranting about legal marketers (none of whom are reading this, so we were not talking about you, in general or specifically) who REFUSE to learn or participate in social media, and are clueless about legal (business) technology in general:

  • I don’t get it.
  • I don’t have time.
  • I’m too private.
  • That doesn’t apply to me.
  • I like to keep my work and private life separate.

Get over it. You don’t have the luxury of remaining clueless much longer. If the lawyers need to know and understand this “stuff,” so do we.

An article in today’s Law.com, Are Proposed Changes to ABA Ethics Rules Too Little, Too Late? (free subscription),  includes a whole nifty section on how lawyers “must be technologically competent.”

The commission has proposed that “Comment 6″ be revised to read: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” (Changes noted with italics.)

These additional words are a game changer. In a surprising statement, the commission stated that “this obligation is not new. Rather, the proposed amendment emphasizes that a lawyer should remain aware of technology, including the benefits and risks associated with it, as part of a lawyer’s general ethical duty to remain competent in a digital age.” (emphasis added)

There you go folks. The pre-season for social media and technology is over and game is on.

If lawyers are operating in a cloud, using Dropbox on their iPads, opererating in a virtual environment, communciating and blogging digitally and remotely, than you must understand how this works. Period.

You don’t need to be fluent in tech and social media, but you need to be conversant and knowledgeable. This is not something you can downsource to a recent college grad sitting in a cubicle.

And it’s not just about doing a good job at your firm right now. It’s about your next job and your career in general.

Just like you need to know and understand how to use Word and Excel as a basic tool, you need to understand and know how to use Twitter and LinkedIn, at least in their simplest forms. Not to mention how groups, lists, and hashtags really make these applications soar.

How are blogs being used? And what is an RSS feed? And why do people care so much about keywords, tagging and hyperlinks?

I could go on and on, but I’m just preaching to the choir here.

Call it link bait, if you will, but here’s my lawyers, legal marketers and Chick-fil-A post

So, here’s my take on the whole Chick-fil-A debacle going on in our country:

And that’s what it should be for those reading this.

Why? Because we are service providers. We provide something to someone else, based on our personal reputations, and they pay us for doing it.

We get hired because people know, like and trust us.

And, judging from the lines around the blocks, looks like this is a hot-button issue, and you just never know where someone’s take (client, boss) might fall.

In regards to this whole debacle, I can have an opinion, you can have an opinion, and so can all the “theys” out there.

But the rhetoric has gotten out of hand, the passions are out of control, and just like abortion and politics, looks like we shouldn’t talk about crappy fried chicken sandwiches (which aren’t good for you anyway) in polite company any longer.

Here is all I have shared about this whole thing:

Mr. Cathy has his First Amendment right to say what he wants to say, believe what he wants to believe, just as long as the government doesn’t get involved, I’m fine with it.

Make no mistake, I might not like what he says, but I support his right to think and say it.

I’m also fine with withholding my dollars from his establishment (which I was anyway, so it won’t make a difference, see comment about crappy food above).

I’m also for having a dialog on why people were lined up for hours to buy a crappy chicken sandwich and why that is causing pain to people I love.

However, as partners of law firms, executives and employees of said firms, we are visible representatives of the entire firm.

Speaking out in an unprofessional way, publicly, even if limited to our “private” Facebook walls, can hurt our businesses and reputations.

It can hurt the business of your partners. And it can hurt the business of the folks who pay you to do your job.

Unless you poll every single client, employee, and employer about ever nuance of their politics, you are walking a fine line when these issues come into focus.

And the elections are still months off. Oy vey.

Unless you have chosen to draw a line in the sand and not do business, ever, with companies you do not philosophically believe in 100%, 100% of the time, you need to STFU, and tone down the rhetoric.

Just ask the (former) CFO of Vante, a medical device company. He decided to post a video of himself harassing a Chick-fil-A employee (Vante CFO Adam Smith fired for rude behavior at Chick-fil-A).

Was it worth it to Mr. Smith? I don’t know. Perhaps in the moment he found great satisfaction. In the short term he is out of a job.

Perhaps it will lead to a bigger and better job with a company more welcoming of his style. Only time will tell.

Will this video follow him forever when companies do their due diligence during the hiring process? Yup.

Either way, it is living proof that the First Amendment protects your speech from government intrusion, but not your boss’ wrath.

At a former firm it was pounded into our heads, for good reason, that we are agents of the firm.

As an agent of my firm, I can have my opinions, but if my opinions negatively impact on my employer’s reputation, then I need to self-censor myself.

Notice: I said self-censor.

Once again, not saying to not share your beliefs. Just saying, tone down the rhetoric.

Now, who’s up for Tito’s Tacos??

Just what we needed. ANOTHER legal directory.

Going through my e-mails this morning and guess what?? I’ve been selected to join the newest and greatest online legal directory, ever.

Seriously, people. Stop with the new legal directories. I don’t care if it’s online. Made for the global world today. Will bring me all the clients my firm will ever need. Or that it is free.

Whatever.

What latent needs is your new directory going to satisfy that any of the dozens currently on the market are not?

Please, I beg of you. Why do we need a new legal directory? The lawyers are not, for the most part, using the ones that are out there. Why? Because that’s not how people purchase legal services, and the attorneys see no inherent benefit to them to spend the time and effort to join, yet another, online legal directory.

For the most part, we are still in a referral model. Or we’re Googling by issue or business problem. Which is why it is important to have a footprint on the Internet. But being listed in a “new” legal directory will not do much.

A sophisticated purchaser of legal services “might” got to Martindale.com, but not many these days (check your Web site stats).  Some might do a Google search. But, for the most part, they will pick up the phone and place a call, or tap out an e-mail, to their colleagues, or current counsel, and get a referral.

Then they will do their due diligence, which is what having an Internet footprint is all about.

Rant over.

Going back to do real work that actually has the probability of bringing in new business.

Follow

Get every new post delivered to your Inbox.

Join 164 other followers

%d bloggers like this: