Now you can pick up your iPhone or Kindle and place that order…

The highly regarded  Consumer Advertising Law Blog created by Arnold & Porter’s multi-disciplinary Consumer Protection & Advertising Practice Group is now available as an application for your iPhone or a download for your Kindle.

When I spoke with Neil Rosenbaum, New Business Opportunities Manager at the law firm, about their entry into mobile apps for law firm communications he agreed to share with VMO readers some the process and thinking behind their multi-channel communications program that provides clients and interested readers many ways to access their reporting and analysis.

According to Neil there were three primary reasons why Arnold & Porter LLP developed its first iPhone application for the firm’s Consumer Advertising Law Blog:

(1) “We constantly think about how we can reach out to our clients and readers in ways that are convenient for them. It seemed important that our blog content be easily accessible on a platform being used extensively by our business clients and blog readers.

(2) ”As a law firm with a significant consumer protection and advertising practice, and the publisher of the popular blog, we felt that it was important to mirror what many of our clients are already doing –creating their own iPhone Apps.

(3) “With the growth of smart phones, Arnold & Porter took this modest step to begin understanding mobile phones as a platform to reach out to and interact with our clients or others.”

JN: Can you tell us a little bit more about your multi-platform publishing strategy?

→  Neil: We were looking for new ways to distribute our blog content to reach our client and readers where they read. We already distribute versions of our blog postings via RSS feed, Twitter, and Kindle (another recent development).

In addition, our firm publishes a Consumer Products Marketing e-Newsletter, a publication that pre-dates our blog. The newsletter has blog content and other features. It works well for those clients and readers who prefer something they can read off-line.

JN: How was the idea born and what was the response of decision makers? Was the consensus in favor of this delivery channel overwhelming, lukewarm, or even adverse?

→  Neil: As an iPod Touch user myself, I came across a number of applications which focused on presenting content to readers, as opposed to playing a game, or performing a social network function. It occurred to me that we could do the same with our blog. I presented that idea to the editors of the blog, Randy Shaheen, Amy Mudge, and Robert Pitofsky. They were very supportive to the idea of creating this new channel for accessing their blog content. While we did not yet  hear a strong demand for an iPhone App, we could see that this is a direction that many of the industries we serve are headed. We believe it is important to get the experience early on so that we can take what we learn and apply it to future efforts.

JN: Can you briefly describe the process?

→  Neil: The key aspect of creating the mobile application was that we knew we had quality content from our blog. That was the foundation of the application. There was no point in doing an application unless there was something useful in it for our clients.

In terms of producing the App, we worked with a software developer who was very responsive and good to work with. A key element in working with him was to have open communication and a specific plan about what we wanted to see in the final product. The Arnold & Porter in-house graphic design team created the graphic items for the App. They follow the look and feel of the blog and our corporate website.

JN: How are you promoting the App?

→  Neil: Once the App was tested and launched, we thought it was necessary to use different approaches to get the word out. We posted an announcement on the blog, on Twitter and on the home page of our law firm’s website. We reached out to the legal press and to other bloggers and sent e-mails to friends. We posted status updates on LinkedIn. We also did extensive internal promotion, a very important step, to encourage our attorneys to spread the news to those who might be interested in downloading it.

JN: How can our readers get the App and how much does it cost?

→  Neil: The Application is free. If you have an iPhone or iPod Touch, you can download the application by clicking here (opens iTunes link). Or  you can access the App store from your iPhone, search for  Consumer Advertising Law, and download it directly.

A Kindle version of the content is available for $.99 a month at Amazon.

JN: How successful has the App been so far?

→  Neil: While still early in our launch period, initial comments about the app have been favorable. As far as we know, Arnold & Porter is the only AmLaw 100 law firm to offer a Kindle or iPhone application for distributing their content. We’re excited about being on the forefront, and we’re looking forward to our next step now that we have this experience under our belts.

Thanks, Neil. I’m sure VMO readers will be watching for your next steps!

I suspect we’ll be seeing a lot more activity from law firms in the mobile space. Personally, I often access the ABA Journal, Wall Street Journal, and JDSupra apps on my iPhone. It’s so much easier than opening the web browser to read content.

What do you think? Will more law firm clients demand cross format access to your content this year? Are you asking your clients how they want to receive your content? What about Blackberry? Anyone planning a Blackberry App? Or Android users? Not there yet?

If you have any developer resources to recommend to our readers, feel free to do so – please, no advertisements.

“What blogs do you read?”

That’s what CMO Melanie Green of Baker Daniels in Indianapolis, Indiana (Go Colts!) asks an attorney before approving their request to blog. Melanie was  a panelist on the break out session, “Success on the Social Web,” at the 17^th Annual Marketing Partner Forum, Hildebrandt Institute and West EdCenter.

“If you are not reading blogs how do you know if you’ll like the environment? Find some blogs you like to read and come back to us.” Melanie Green

Not a criticism, just an observation, other than that clever, tactical idea; the Success on the Social Web  breakout panel was surprisingly “101;” a lot of focus on blogs and push delivery. Lacking was any discussion about using enterprise social web tools or Google Wave for client team collaboration. No one was talking about integrating mobile applications, yet. …Though this year I predict everyone will be.  The panelists didn’t report that social web interactivity was taking hold.  And, there were no examples of firms implementing cross-platform strategies—except to promote blog content on Twitter or LinkedIn. (Stay tuned for an upcoming post on how Arnold Porter is using social tools satisfy their client’s appetites for multiple access points.)

The VMO often covers the social web from a more forward-looking perspective, but there were a few bits of information, graciously shared by the in-house marketing panelists, which readers may find beneficial.

• Law firms are using Facebook fan pages and Twitter to push out news releases, announcements and seminars.
• Involvement in LinkedIn is lawyer driven. Participation varies across the board. Most firms do have a firm profile. (Whether it differs from their website “About” page, I’m not sure. I’ll have to check that out. Missed opportunity if it’s the same.)
• Hubbard One shared numbers from a recent survey that showed 35 percent of the top 20 U.S. law firms are blogging.  And……
• The panelists confirmed the popularity of blogging. They all claimed to have a blog, sometimes several, in their marketing mix.
• In one example, a panelist described their blog as an extension of their PR campaign and replaced the firm newsletter. (Hmm…they didn’t take audience questions, but I was curious to know if the bloggers interacted with their readers or if it was truly just another method of pushing out newsletter content. Again, not a criticism, just wondering when corporate law firm bloggers are going to start leveraging the power of social to full extent. Why are they hands off? Share your thoughts….)
• That panelist also claimed to have tracked “client generation” from their blog.(Great!) Her firm now has six practice specific blogs and adds six new posts everyday. They now claim 1000 subscribers in total. (That’s cool. Statistics are always useful.)
• Another said that promoting seminars on the social web via twitter or blogging was delivering an entirely new audience. (Very nice.)
• Using hash tags on subject and keywords in Twitter posts significantly increased their exposure and brought in over “400 subscribers.”
• All agreed that when it came to interaction on the social web, the skill sets, or interest, was not yet in place.  (Perhaps they’re all still too risk averse?)
• The panelists like the social web’s inexpensive cost of entry. Most are do-it-yourselfers, committing some of their time or their staff-time to learn the tools.
• Significant challenge lies in training lawyers to integrate the social web into their daily activities. (Sounds familiar. We’re all time challenged. That’s why marketing success comes from “do what pleases you.”)

Overall, it seemed that, at least, “we” all now agree that the social web is not a fad and it’s here to stay. (That’s a relief!)

The Bottom Line

Bottom line for marketers: the social web offers new tools at a low-cost of entry and offers measures of progress via statistics to share with management. Further, social web activity places more of the burden on the individual lawyer-participant, freeing up time for marketers to work on strategy and look to the future for new opportunities.

DIY vs. Hired Help

Of interest to note, there was a healthy discussion among a few attendees after the session on the issue of DIY vs. outsourcing social web strategy. (Thanks Adrian Dayton for your insight!)  There are definitely legitimate arguments on both sides.

Having an outside agency or independent marketing consultant focused on social web tools, strategies and synergies, who lives and works in the trenches, who knows the legal industry, and knows how lawyers go to market, can take some of the details off the in-house marketer’s desk. In that regard, it is often worth having them around; especially if in-house marketers don’t have excess manpower.

I know how challenging it is to keep up with the evolving social tools. Sometimes it takes a while to connect the dots.  And, sometimes new tools can really make a difference.  Finding them among all the noise, taking time to test them and apply them to strategy can be a full-time occupation. I know. I read hundreds of pieces of content and look at new tools each week.  Of those hundred or so ideas, I am lucky to find a few usable pieces of information.  That’s a huge chunk of time for small return. But it’s my job. My clients benefit from my legal industry marketing expertise and my focus on what’s new and what’s on the horizon. Putting it all together is a task that often benefits from outside perspective.

Either way, in-house marketers must be familiar with the social web and conversant on its value to the overall marketing strategy of the firm or business development efforts of individual attorneys. The panel participants were certainly in that group. Thanks for your insights!

The joint 2009 price tag on outside legal services for three large corporations is enough to run a small country—Office Depot: 12 million (excluding an SEC action); Wal-Mart: 315 million; BJ’s Wholesale Club: 9 million—and these numbers represent significant revenue for the hundreds of law firms that serve them.  No surprise that the general counsel panel at The Hildebrandt Institute and West LegalEdcenter’s 17th Annual Marketing Partner Forum commanded attendees’ attention.

Elisa D. Garcia C., Executive Vice President and General Counsel of Office Depot, a panelist, told attendees:

“I want you guys to make money, but I also want you to bring your expertise in at a price that I can stomach.”

And, while value was the buzz word of the day, value, as attendees found out, is way more than alternative fees. General counsel are looking at the whole relationship because there are different value triggers for different matters.

So, if you haven’t already received “the memo,” take note. For law firms accustomed to having a captive audience for their expertise and bench strength—the rules are changing.

Read on for the candid advice offered on how general counsel evaluates and hires law firms. (All quotes are approximate or paraphrased.) If you get through to the end, let us know what you think. How is your firm addressing value in client relationships?

How General Counsel Typically Evaluates and Hires Law Firms.

On Directories:

• “Everyone I know is a Super Lawyer.”
• “Super lawyers, Chambers, U.S. News & World Reports, speaking generally they make no difference.”
• “Doesn’t mean anything to us. The most important information we get about hiring is from referrals from our colleagues and, surprisingly, from other law firms.”
• “Why do law firms spend money on directories?  Because it makes them feel good. It is not definitive at all.“
• When GCs go out to hire someone, they first talk to trusted colleagues and friends, and now they check the Association of Corporate Counsel (ACC) Value Index. (More on that below.)

On Knowing Our Company ……

• “My outside counsel will show that they can help the company. “
• “Delivering the right services that can help us save money (not talking about the legal bills exclusively, but the company’s bottom line) matters.”
• “Know our business. Know our sector. “
• “I heard a lawyer speak on the topic of negotiating credit card transactions with banks. He had great expertise. I hired him. His knowledge helped our company save a lot of money.”
• “Lawyers who are willing to put in the time to learn my business, on their dime, are so valuable to us.“
• “One firm came in, on their own dime, and spent time at our stores, observing operations, customers, and processes. That’s valuable.”
• “We expect our law firms to know and understand what the company culture is about. We want them to know our expectations:
  • Cost effectiveness
  • Diversity
  • Performance”

On Getting in Front of Us….How law firms can get noticed.

• “There is a glut of talent on the market now. Smaller boutiques with big law talent are getting our attention.”
• “CONTENT.  Give us content that is targeted, relevant, and pertinent. Forget the wining and dining.”
• “Give us content that says; we know about your business and we’re paying attention.”
• “A law firm that is willing to come in and train 10 attorneys on a topic, on their own dime, gets my attention.” (On their own dime was truly a theme!)
• “Time is a valuable commodity. If our outside counsel can help us find more ways to carry out our tasks in less time, that’s going to get my attention.”

On Word of Mouth…..

• “When I hear from another GC or staff attorney that a law firm, a team, a certain lawyer has done a great job for them, that’s the lawyer/law firm/team I want to meet and likely hire.”
• “Doing a good job with the work you have is the best marketing.”
• “More and more we are looking to the ACC Value Index as a tool to help us make hiring decisions.”
• “It only takes a few seconds to do a quick evaluation form at the end of a matter.  Law firms should take the lead and ask their general counsel to take part.”
• “I’m surprised at how many lawyers are including very specific comments in their ratings. It’s really helpful.”
• “I can always call an ACC member for more information and for recommendations.”

On the ACC Value Challenge….

According to Mike Roster, Steering Committee Chair for the ACC Value Challenge and panel moderator, GCs are evaluating the firms they are using. Of the 1500 law firm ratings on the ACC website most scores are pretty high, 4.2 4.3, 3.9, for firms across the board.

The two areas most likely to get low scores are cost control and management. “Surprisingly, many high rated firms (4.5) are in the “will not use again” category. Comments reflect that they are excellent attorneys, but totally out of control in what they are doing. Today, GC’s will look for firms rating high in those two areas when hiring. For law firms and CMOs, this is a way for you to differentiate your firm from the pack.”

• “CMO’s and lawyers need to impress upon their clients the benefit of adding to the value index on the Corporate Counsel site.”
• “Seyfarth Shaw built it into their client assessment. “
• “Consider asking GCs to evaluate, using the Value Challenge, half way through a matter. You can take corrective action for the second half. “

On RFP’s….

Law firms spend significant resources on the RPF process.  Each panelist had stories to tell about how law firms get it wrong.

• “The presentation of the RFP (and/or the first interview meeting) gives a pretty good idea of what it will be like to work with that firm. If the RFP starts with a firm history, they lose points.”
• “Firms involved in an RFP should already be familiar with our company, subject matter, and geography.”
• “Focus should be on what the lawyers on the team can do for the company; focus on substance. We want expertise.“
• “The response of the losing law firm is important. Stomping your feet and leaving the room is not how you build a relationship with GC. If you don’t win the first day, play for another day. The RFP process gives losing firms a foot in the door to build a relationship. A lot of firms miss that opportunity.”
• “Losing firms should stay engaged with follow-up after the RFP. Often GC will actually use the losing firm the next time around if they take the time to build the relationship. How a losing firm handles the follow-up reveals a lot about how the working relationship might be.”
• “The law firm cannot be intrusive; but we are not annoyed by follow-up from losing firms. The point of contact should stay in touch. It is an important step to nurture and grow a relationship with us for future work.”

On FEES…..

Mike Roster also reported that, surprisingly, “legal rates have gone up 75% during a time when most companies have to cut their operating costs. It makes no sense. Value relationships are changing the economy of the law firm in a great way. One big firm looked at the numbers and found it amazingly profitable to deliver value and they are changing their whole model.”

• “The price differentiation is shocking between large and smaller firms. “
• “GCs are moving down the curve of cost; similar to a time when banks moved from the more expensive financial centers such as New York to more affordable cities like Charlotte. “
• Office Depot has 40 smaller law firms in their approved counsel.
• “When GCs evaluate whether the large firm or small firm is better, they look to find the right person in a lower cost model that is highly capable, often with greater geographic convenience.”
• In some instances, like international expansion or class actions, GCs will have to use large firms. However, for local issues like real estate, zoning, tort litigation, they all agreed, they will go to smaller, local firms.
• “Make more money selling value.”
• Keep in mind that different matters have different value triggers.

On Fixed Fees….

• According to Joseph K. West, Esq., Associate General Counsel responsible for managing outside counsel for Wal-Mart, their overall spend on legal services this past year is much lower than normal due to more fixed fee arrangements with outside law firms and a ramp up of in-house capacity. He also predicts more work on an alternate fee arrangement basis is forthcoming.
• GCs, several who formerly worked for BigLaw, understand the business of law firms and say they are not trying to rob them of making money,
• “I know they know what it costs to do it, I know they can do it, I know they will make money at that price.”
• “Legal issues are reasonably predictable; including extraordinary stuff. It has a certain rhythm and can be put into a fixed fee box, but, at some point it may come out of the box. The relationship should allow you to work in and/or out of the box.”
• In instances where they are looking for extraordinary lawyers in extraordinary cases and they’re willing to pay for it.

On Metrics….

• “Billable hour and average profit per partner is offensive to the client. Get rid of it. When numbers are reported in the Wall Street Journal, our CEO’s wonder what’s up?”
• “ It’s a disaster to mark up associate fees to raise profits. The best-run firm, one that delivers value, is typically at a 2:1 leverage rate. These metrics work. But we still see 3:1 leverage and we don’t like it.”
• For one firm, no matter how many hours the partner spends on the matter, if the deal doesn’t go through, they don’t send a bill. Of course they get a nice percentage if the deal closes.

On Talent……

• “First and second year associate rates are not worth it. And, if there’s churn in that spot it has a multiplying effect on the client.”
• “Don’t pass through training costs of new associates to the client. Give them two years to get to know the client, then start to bill for them.”
• “We are looking at retention issues, training, and flex time. They are all creeping into the alternative fee discussion.”
• “No other company would treat its most important commodity poorly enough to cause a turn over rate of 85% for first year lawyers who are gone by the 6^th year. Why are you doing it? How can you get away with that?”
• “We look for our law firms to institute linkage to balanced work arrangements to retain female counsel. We want our outside law firms to work hard to retain women who need alternative relationships.”
• “Firms that offer to put an associate in the client’s legal department communicates that firm’s desire to keep the relationship.”
• “When a firm does lose an associate, they rarely debrief. Firms should consider using a 3^rd party person for the debriefing to aid the client in transitioning the work.  It saves us time. Time we don’t have.”

On Relationships….

• “Expertise leads to success; success to relationships; relationships to success.”
• “Point of contact is absolutely critical.”
• “We want someone in charge at outside counsel.”
• “We want to be on a first name basis with partner leaders who are putting the team together.”
• “We want to meet the people who are actually going to do the work. Don’t send in the wow person who isn’t going to actually work on the matter. In most cases I would rather meet with the associate working on it.“
• “Once a year I am happy to meet with the firm, someone not on the account, to go over the relationship from objective point of view. Someone with whom I can be honest and frank. Be it the managing partner, client service officer or a third-party.”
• “Our geographic reach disperses the information and sometimes law firm politics erupt when we’re only dealing with the relationship partner in the main office.  We’re not interested in the politics of the firm. We’d rather have the relationship with the practice group or lawyer we’re working with in the geographic location pertinent to the matter. “

On Communication…..

• “Large in-house departments HATE surprise.”
• They do not want to be caught off guard.
• “The relationship partner needs to have the gravitas to make sure the needs of the client are important to the larger scheme of things e.g. the rest of the firm.”
• One panelist noted that they did not receive even one congratulatory call from any managing partner or relationship partner when they took over the General Counsel position at the corporation.
• Worse, not one called to learn about the new management style until they fired an outside firm; then they all called.
• In another example, outside counsel called the CEO (directly) with a golf invitation. The CEO called the GC to ask if he should go. The situation infuriated the GC. Hmmm… don’t do an end run around the GC for anything.

On Community…..

• Actively helping and linking in with the client’s passions is helpful in building the relationship.
• “We want our law firms to align with us on foundations, charities, causes, etc when possible, but it’s not why we hire a law firm.”
• “I like it when my lawyers can get involved in our communities and when law firms partner with us. But, it’s not definitive.”
• “No golfing or lunch, please.  Don’t ask me.”

So there you have it! Seems to me that law firms interested in some of those corporate dollars would do well to:

• learn their client’s business,
• learn the GC’s preferences,
• communicate appropriately, and
• understand and address the unique value proposition for each matter.

If you’ve read this far and you have thoughts to share, please leave a comment.

Next up; more from the Marketing Partner Forum where I’ll be summarizing Dennis Snow’s insights on moving from service to an “experience” economy.

Just a quick note before I leave Miami this morning and take the long trip north to Palm Beach Florida for the Marketing Partner’s Forum. I’ll be covering the event here on the VMO and on Twitter #MPF. I hope you’ll subscribe to VMO via email, grab the feed, or follow #MPF on Twitter—@melaniegreen (Baker Daniels) @MeganMcKeon (McDonnell Boehnen Hulbert & Berghoff LLP) and @adriandayton (author of Social Media for Lawyers) will all be there.

The event is sure to have high impact participants, noting the great line-up of topics, panelists, presenters and keynote speakers. (see agenda below)  I plan to interview some peeps about their take on social technologies changing the landscape for business development and marketing for law firms in 2010, plus there’s a cruise ship load of other topics that I hope to cover as well. Stay tuned. (Full disclosure: I’m not being paid to promote this content.) If I’m up to it I’ll even report on the cocktail parties! NOT!

Here’s the agenda….

Thursday, January 14, 2010

Opening Remarks by Co-Chairs

Carolyn Rumpf Sandano, Director of Business Development, Proskauer Rose LLP

Mark E. Young, Chief Marketing Officer, Sonnenschein Nath & Rosenthal LLP

General Session Opening Keynote: Leading Excellence

Discover what it takes to deliver world-class customer service from Dennis Snow, acclaimed expert on the topic.  A book signing will follow the talk.

Setting the Stage:  Moving from Service to an“Experience” Economy

We’ve always been taught to focus on customer service.  What does it mean to focus instead on the customer experience? This panel will address making the change and why it is critical to law firm success.  Topics will include:

• Building client loyalty
• Adding value from a business perspective
• Bringing the Disney model of customer experience to your law firms

Moderator:

Simone Hughes, Chief Marketing Officer, Borden Ladner Gervais LLP

Speakers:

Paul Cushing, Legal Counsel, Partners Health Care System, Inc.

Tea Hoffmann, Esq., Chief Business Development Officer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Wendy Tucker, Director of Business Development, SeyfarthLean, Seyfarth Shaw LLP

Envisioning the Law Firm of the Future

You hear a lot of talk these days about “seismic” changes to the business of law.  What does that really mean?   A panel of law firm leaders and visionaries will discuss the steps they are taking now—and how they are transforming their law firms today to compete well into the future.   Find out where your firm is at on the spectrum, and strategies to move your firm forward.    Specific topics will include:

• Building partner and firm accountability into firm strategies and initiatives
• Aligning the firm with the client expectations
• Responding to challenges while maintaining firm profitability
• Measuring results

Moderator:

Joseph B. Altonji, Vice President, Hildebrandt Baker Robbins

Speakers:

Doug Benson, Chief Operating Officer, Orrick, Herrington & Sutcliffe LLP

Claudia Gilman, Vice President & General Counsel International, Boston Scientific Corp.

David M. Weiner, Partner, Seyfarth Shaw LLP

Lateral Integration:  What Really Works (and What Really Doesn’t)

We will define “integration” and offer best practices on how it works as we discuss headhunters, due diligence, the buddy system, marketing’s role in the process, and the client’s viewpoint.

Moderator:

Jeff Scalzi, Director of Marketing, Foley Hoag LLP

Speakers:

Ronna West Cross, Esq., Director of Client Initiatives, Patton Boggs LLP

Joanne McElhenney, Director of Marketing and Business Development, Brown Rudnick LLP

Jacqueline A. Simmons, Chief Marketing Partner, Baker & Daniels

Success on the Social Web: How firms are leveraging Social Networks, Blogs, Podcasts and more to drive business development and client growth.

Should your firm have a page on Facebook?  Do you know what social networking tools lawyers within your firm are using?  This breakout will discuss the evolving nature of online interaction, effective use of social media and networks, strategies for curbing ineffective use and best practices for firms entering these new areas.   We will also examine what’s effective from the client perspective.

Moderator:

John Simpson, Managing Account Director, Hubbard One

Speakers:

Gina Carriuolo, Director of Marketing, Edwards Angell Palmer & Dodge LLP

Allen Fuqua, Chief Marketing Officer, Winstead PC

Melanie Green, Director of Business Development and Marketing, Baker & Daniels

The Challenge of Leading Change in Today’s Law Firm Marketing and Business Development Roles

How do you effect change at the CMO and Marketing Partner levels?  Learn how to build your leadership skills to make yourself more effective in managing up—and down, while leveraging staff talent and advocating effectively on behalf of your team.

Moderator:

Alvidas Jasin, Director of Business Development, Thompson Hine LLP

Speakers:

Bruce Alltop, Chief Marketing Officer, Holland & Knight, LLP

Christopher Carter, Chief Marketing Officer, Shook, Hardy & Bacon L.L.P.

John Childers, Esq., M.S. in Organizational Development, Hildebrandt Baker Robbins

Darryl Cross, Vice President, Client Development, LexisNexis

The World Today As Seen By Your Clients: General Counsel Roundtable

This perennial favorite features leading corporate GC’s and this year, Mike Roster, Steering Committee Chair of the Association of Corporate Counsel’s Value Challenge.  The panel will discuss re-connecting the cost of legal services to their value and offer creative ideas for structuring partnerships between law firms and their clients.  The panel will discuss:

• Getting clients to focus on outcomes, not process
• Creative proposals versus discounts
• Examples of successful projects and new business models

Moderator:

Mike Roster, Steering Committee Chair, ACC Value Challenge

Speakers:

Elisa Garcia, Executive Vice President & General Counsel, Office Depot, Inc.

Lon F. Povich, Esq., Executive Vice President and General Counsel, BJ’s Wholesale Club, Inc.

Joseph K. West, Esq., Associate General Counsel, Walmart

Process Management:  From Theory to Practice

With the inevitable shift to alternative fees—even if only for a small percentage of the firm’s overall work— “process improvement” is the phrase of the day.  This session looks closely at how firms approach fine tuning the legal work along with the delivery and internal support systems that offer value to clients and increase profitability.

Moderator:

Carolee Swallie, Chief Business Development Officer, Brinks Hofer Gilson & Lione

Speakers:

Beth M. Cuzzone, Director of Business Development, Goulston & Storrs

Susan M. DiMickele, Partner, Squire, Sanders & Dempsey

Christopher Mirabile, Founder and Managing Director, Race Point Capital Group LLC

What’s Not Going to Work Anymore. Effective Pricing Strategies for the “New” Economy.

This “how to” on billing principles, alternative fees, and project billing will share current examples of successful partnerships with clients on pricing issues—including rate increases.

Moderator:

James P. Naughton, Shareholder, Brinks Hofer Gilson & Lione

Speakers:

Cynthia J. Kretz, Esq., General Counsel, Cook Group Incorporated

Peter N. Tassie, Esq., Senior Automotive Litigation Counsel, Ford Motor Company

Barry Toone, Partner, Bowman and Brooke LLP

Evolving Partner Roles in Client Services, Business Development, and Sales

Firms seeking an effective business strategy know that client and business development require top tier leaders.  With titles like Business Development Partner, Partner of Client Relationships, Marketing Partner, and a host of others, the role is taking on the prominence it has long deserved.   Learn how to spend your time wisely, balancing the demands of the role with managing your time and building your own business.

Moderator:

Preston McKenzie, Vice President/General Manager, Thomson Reuters – Hubbard One

Speakers:

Paul Eyre, Partner, Baker & Hostetler LLP

James Pagliaro, Esq., Managing Partner, Client Relations and Practice Development, Morgan, Lewis & Bockius, LLP

Douglas J. Sorocco, Esq., Director and Shareholder, Dunlap Codding, P.C.

Finding and Working with Professional Service Providers on the Web

In 2000, The Brand Research Company and Greenfield/Belser survey changed the way firms designed sites and provided valuable insights into the Web behavior of American business executives.  In 2009, they did it again! Learn how, how often, where, when and why professional services buyers search for and work with firms like yours. Better understand Web site preferences and pet peeves to improve your overall Web presence.

Speakers:

Sue Stock Allison, Managing Director, The Brand Research Company

Burkey Belser, President and Creative Director, Greenfield/Belser Ltd.

Sounds like a full plate. I’ll try to do my best, for all you folks freezing up there north of Palm Beach…..I’ll talk with you soon…

JN

There’s been a curious amount of discussion among law firm marketers, this New Year, about branding. When it comes to launching brand campaigns for law firms, the past two years have been as flat as the world before Magellan. It seemed as if everyone locked down the steering wheel and few boats left the harbor.

However, one seaworthy crew from a well-established Norfolk Virginia law firm, with roots back to 1918 and offices overlooking the lovely Elizabeth River and the world-famous Port of Norfolk, smartly set sail on their journey despite the gloomy outlook.

I had an exceptional opportunity to converse with the ever-illustrious, first-rate mate, Janet L. Davis, (JLD) law marketer at Kaufman & Canoles, P.C, last month after the launch of her firm’s fresh new branding and client service initiative that was in the making since 2007. The following summarizes some of the detailed information, she so generously shared, about how her firm developed core values and incorporated them into a firm wide brand identity that encapsulated what the firm stands for, and how that identity helps them focus internally. Perhaps her experience will give you some wind for your sails.

JN: What was the over-riding or critical event that caused you to revisit your core values and carry out a full-on client service initiative?

JLD: Kaufman & Canoles has always been proactive in regularly reviewing their strengths and weaknesses internally with their lawyers and staff, and compare them to other law firms in our market.  We continually conduct casual interviews with our clients to determine their satisfaction and recommend areas for improvement.  However, the key event was our new chairman’s commitment to branding as part of his vision for leading the law firm into the future.

JN: How did you get started?

JLD: In 2007 we conducted an internal attorney survey, using an online survey tool, to uncover their opinions on the strengths, weaknesses and opportunities for the firm. In 2008 we enlisted our marketing firm, OTTO, to conduct personal interviews with 20 select attorneys to dig deeper into their thinking, their personal vision for the firm and their opinions on various management and client service topics.

We began to recognize common themes and threads in what we observed and heard both internally with our staff and externally from clients. Using initial value statements developed by the firm, along with the insight from research and interviews, we arrived at 11 core value statements and a brand promise:  “We Can. And we will.”

JN: What happened next?

JLD: After further refining of the value statements through a newly formed Branding committee which consisted of key attorneys, the Director of Administration, the Marketing Director (me), and our CEO, Bill Van Buren, and with the help of our outside marketing firm, we distilled these 11 core value statements into three easy-to-remember ideals; integrity, stewardship and innovation.   We knew that these core values were important to the future of the firm. During the internal launch of our new brand we formally presented the entire staff with a brand architecture model providing a visual framework for the core values and brand promise.

JN: I understand that the branding campaign wasn’t limited to a new tag line, but also placed a high priority on getting the firm to buy into a new era of service.

JLD: Yes, we believe the core values must adopted by everyone in the firm from the receptionist to IT to secretaries to attorneys.   Each person has a specific and important role to play as they interact with our clients and their peers. So, we implemented GEM-Going the Extra Mile.  The GEM program recognizes staff members who adopt and personify our core values.  Any person can nominate any one in the firm and a prize and certificate are given out monthly to the winner.   Winners are photographed accepting the award and the photo is posted in the firm’s newsletter. The firm also has The Beryl Atkinson Award; given annually, with a generous cash award, to the staff person who exemplifies the firm’s commitment to client service.

JN: What do you consider the highlights of the client service part of your brand initiative?

JLD: Return calls or emails within 24 hours; give feedback and updates to our clients about their cases – sometimes regardless of whether they want them (i.e. Hunter Sims video ); and offer more educational seminars and newsletters for clients with the latest, relevant information for their business.

JN: What were some of your first obstacles?

JLD: Variety and diversity of opinion about what the new brand identity should look like.

JN: What are the ongoing challenges?

JLD: Successful branding can’t be completed and placed on a shelf. We continually look for strategies to reinforce our core values among staff and promote them consistently to our clients through our actions.

JN: How long did it take to get things going and how long did it take to arrive at a point where you felt you achieved your goal?

JLD: Once the momentum started, most people were on board and excited about the prospect of having a unified reason to be the very best law firm we could be for our clients and for future generations. The process took about 12 months.

Thanks Janet.  Visit www.kaufcan.com to see their BRAND new website. Check out the videos tab on the upper right utility bar. They’re some of the best I’ve seen!

Do you have a new brand roll out in your future? Let us know how it’s going…

It’s time to develop your marketing plans for 2010. Or so it seems, as the Internet is full of new posts and articles on the topic. It is this blogger’s humble opinion that too much emphasis on a plan and not the process is futile. If you’re not fitting authentic activities into your flow, even the best laid plans may be worthless. Further, if those plans don’t include a commitment to getting sales training, the kind that will teach you how to convert your leads into clients, why bother.

Marketing Plans are Overrated.

(NOTE: Rainmaking should not be a sexist topic in my opinion and this post is not about female rainmakers. The next section is simply being used to illustrate a point.)

A recent National Association of Women Lawyers survey of women attorneys reported that 72 percent of the responding firms have no women among their top five rainmakers and nearly half of respondents have no women among their top ten.  Several groups and conferences are, once again, trying to help female attorneys figure it out.  One such conference break out session was reported in the December edition of Your ABA. (Linkedin version)

To help address the gender disparity, a panel of women rainmakers at “Generating Business … Different Styles, Different Approaches,” during the Law Firm Marketing Strategies Conference last month, shared advice to help women lawyers develop business.

I read the article with interest hoping to glean something original, but I found the ideas quite predictable; easy to say, hard to do, and lacking focus on sales.

Panelist Julia Corelli of Pepper Hamilton LLP recommends that women first figure out where they are now, where they’d like to go and how to get there. Those answers should then be incorporated into a personal business development plan. Once created, that plan should be revisited often for retooling and for measuring progress.

Just out of curiosity, I wonder how many of those top 5 rainmakers in representative firms actually HAVE a written plan? And if so, how many would say the plan was the key to their success?  I’ve known my share of top rainmakers over the years and they don’t get there by drafting a personal business development plan.

They have a vision, they have financial goals, and they have a network.  And yes, they may have a written plan somewhere in the drawer—drafted for them by a CMO or a consultant. But, their success is not dependent on it nor is it being driven by it. If anything, the firm’s strategic plan drives their business development activities more than any personal plan. Getting to that point, though, is a process.

Exposure and Conversion.

In it’s most basic form, there are two parts to rainmaking: exposure and conversion.

When it comes to exposure, rainmakers typically;

1. Know who they are.
2. Know what they like to do.
3. Fit those activities into their flow.

It’s just harder to do stuff you don’t like doing. So be bold and get those things that may be good-to-do-but-aren’t-authentic off your plan. Natural sells. Being natural, acting authentically, and essentially being true to yourself will win friends and influence people. Although you may set up some systems, for example, to check in on your network regularly and pencil into your calendar important events, dates, opportunities, your plan has to be a natural part of your work flow and your being to succeed.

Secondly, and probably most importantly, you can’t be a rainmaker if you don’t know how to sell. Rainmakers know how to get chosen, not just found, as my friend Mike O’horo has said a million times.

Getting chosen from among those found (selling) requires a disciplined decision-management process that is entirely distinct from marketing [networking].  If you can’t sell, all the getting found (leads) in the world is just wasted opportunity.

….It all ties in with our concept of Social Intimacy v. Professional Intimacy. The former is characterized by someone’s inclination to share increasingly sensitive personal information; the latter the analogous sharing of increasingly sensitive business info, e.g., strategy, operations, finance, etc. Lawyers are very good at — and expend consistent effort at — earning the former, but are effectively unconscious about the need to earn the latter, equally painstakingly over time.

Becoming a rainmaker takes time and it isn’t a plan, it’s a learned skill and a process. It’s about being a good listener and more. It’s about tuning into the messages you are receiving, not just what you’re hearing, and finding the need or the want. That’s what rainmakers do. Females, by nature, have some of the best receptors and most can empathize without effort. What they don’t have, I think, is the confidence to do something with that information; the kind of confidence that most male rainmakers employ, always. (Forgive the armchair psychology!)

2010 Marketing Plan

So, there it is. Your plan for 2010. Integrate your marketing activities into your daily flow. Be authentic and do what pleases you. Learn how to do more with the leads and networks you already have in place by studying the sales process and making it your own.

As my buddy, Heather Milligan writes over on the Legal Watercooler Blog,:

I don’t like marketing plans. For the most part, they’re too long, too complicated, too detailed, too focused on what you think someone else expects of you. They are too easy to forget, toss into a drawer and ignore. I do believe that they have a place, but I think they need to be as simple as possible if they are to be lived (see A Simple Marketing Plan).

Heather favors the daily goals and resolutions approach, and so do I. No more than 5 bullet points and stay flexible. Most of all, do what pleases you and others will notice your enthusiasm. A happy lawyer is a successful lawyer. (I’m not talking bubbly, smiley faces here, law is serious business, but do the activities you enjoy and be rewarded.) Confidence inspires confidence. Authenticity, being true to your self always shows through. And as always, success breeds success. But, it’s a process, not a plan.

What do you think? What does your marketing plan look like?

(There are a number of great resources for lawyers interested in learning more about selling. One resource I like is Legal Sales & Services Organization; www.legalsales.org.)

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It’s time to reassess Twitter. Is it a conversation or just another channel in the communications tool box? What’s the value proposition today? Has it evolved for the better or what? I’m looking for your help in answering those questions.

For those of us in the trenches; e.g. conveying to busy (or non-busy for that matter) clients that the value of Twitter is found in having conversations on topics that interest mutual parties, the real test is in not simply “suggesting” that there IS value, but rather being able to help them make that happen. And, before that can happen they want to know what kind of return on their investment they can expect. That’s a little more challenging to explain, especially when there are so few examples and my own numbers don’t really add up.

Twitter By the Numbers

Indulge me in more personal terms. I am turning the corner on my second anniversary of participating on Twitter (20 months).  I have 473 followers; I follow 437 people, 14 listed. (I could have more, but I have plenty of excuses why I do not.)  I have 650 Tweets and 140 direct messages. There are pages of retweets of my stuff by others but to get that number I’d have to count the @jaynenavarre Tweets and that’s tedious.  I’m lousy at math so I won’t even attempt to calculate the numbers specifically. But, generally speaking, considering the number of Tweets and DM’s over 20 months, my exposure has been 39.5 times a month. Multiply that by the 473 followers and the number of times my Tweets have been retweeted by them to their networks that expand beyond my own tiny one and that’s significant exposure; certainly more than I could ever hope for in the bricks and mortar world. What’s not to like?

Exposure vs. Conversations

Well, taking all that exposure into consideration, the only “conversations” I’ve had on Twitter can be counted on my fingers and toes.  Except for the DM’s that are primarily between people I have met personally and have their email address where Twitter just adds another layer in those conversations, my live conversations on Twitter are RARE.

With one caveat. Twice in those two years I have had “rock star” contact. Once with Shel Israel talking about his book Twitterville and once with Jason Calacanis. Both are now following me (and thousands of others) But they never talk to me anymore.

Calacanis, being the most coveted follower, elicited this “email” to my friend (Heather Milligan of the Legal Watercooler) about the big day….

WaHOO! I’m in the big leagues now, baby…JC is following me on Twitter. Note below he has 77694 followers and is only following 1757! Them are some sweet odds. I sent a Tweet @jason about the Murdock may kill Google thing. It caught his attention. Waiting for his reply/discussion. 

I’m still waiting. (No disrespect to Jason he has added a significant dimension to my perspectives via his email blasts on various issues and he’s a busy guy.)

Through Twitter I have met a half dozen very interesting attorneys and a few new marketing professionals that have taken the time to have a non-DM conversation once or twice. Socially and professionally speaking those contacts are worth the 9100 characters I’ve typed over the last 20 months. From a business development perspective, I have no idea what my followers think of me, but I can assure you that I cannot directly link my Twitter investment to the growth of my business. And that’s where I need your help!!!!! No more soft stuff. I need the FACTS. Are you having conversations on Twitter? Where are they going? What is your time worth? Is it okay just to be social for social sake? Is that the value prop?

The Evolution of Twitter

In the beginning it really was a potential conversation, but currently, at least for me, my Twitter stream has evolved into an article-sharing database, a customer service outlet (I go there first when I need help with Comcast, Wachovia, Best Buy, or Apple) and a way to keep up with the news. As an article-sharing database it sort of, but not really, replaces Delicious, the social bookmarking site that I use to search for recommended web reading. As a customer service call to Comcast, it really rocks! You wouldn’t believe it. They are all over it when you Tweet something serious about their performance. (Reputation management!)

In my view, beyond the touchy feely—let’s get engaged, be transparent and collaborate rationale (Don’t get me wrong, I love social media and think Twitter is valuable subject to individual interpretation) Twitter has two aspects that dominate and make it hard to pin down.

1. It is very serendipitous. I can’t read every tweet and I can’t keep up with the public time line. So, it’s kind of like closing your eyes and pinning the tail on the donkey. When I go to Twitter, I open my eyes and see what I’ve pinned. E.g. I browse the latest Tweets in my stream and happen upon random information, but rarely conversation. Sometimes I comment. (Lists are an improvement but they’re still a bit awkward.)
2. Got conversation? (Granted, this may be my fault as I struggle with work and social balance.)  I see a lot of pushing articles, pushing blog posts, products, giveaways, and news. (This is not a bad thing, just another channel and may be where it’s evolving.)  Recently I re-tweeted a provocative post by John Cass, a blogger whom I do not know. Apparently he’s a really popular bloger and has thousands of followers. He direct messaged me asking me to add any thoughts as a response. That’s the right spirit and I’d certainly be smart to engage in that conversation, but at the time I found it I was swamped with work. Going back in to find it and connect my thoughts may be a bit of work. (He is a new follower of my Tweets though so who knows?) Ergo, you get back what you put in.

How can I, in all honesty, recommend to a client something that I can’t do myself? There’s probably a simple answer to that, only I’m too nearsighted. I need your help.

When is the last time you had a beneficial discussion/conversation on Twitter? I’m sure you have. If you can share some tips or stats on your actual experiences that would be helpful for me. Or, are you just using it to PUSH information? That’s not a bad thing, per se. But, is the purpose of Twitter changing? What is Twitter, really?

Just when you thought it was safe to play in the online sandbox – bam! Facebook dumps a load of broken glass into it.

This week Facebook announced that they made “changes to give you more control.” Truth is they actually made changes that give you less control over the content you share with your trusted network, unless you carefully moderate your settings now and be aware that everything you post defaults to EVERYONE!

If you didn’t already know this, now you will. When you publish content or information using the “everyone” setting on Facebook, it means that everyone, including people off of Facebook, have access to that information. That content is open to everyone and will indexed by search engines and appear in the public results.  You do not have control over what anyone who finds it does with it.

But you’re smart, so you care about managing your reputation on the Web. Stay alert.

What’s Up, Facebook?

Anyone who logged in to their account this week got a pop up message informing them to their new terms. PLEASE PAY CLOSE ATTENTION! When you click through the new terms, by default, you agree to share everything with everyone. Yes, EVERYONE.  After you agree to the new terms, Facebook gives you a screen (that suggests) that allows you to retain your current settings or accept the new settings by clicking the radial dials. Although I selected to keep old settings until I could review the new terms, a couple things happened that REALLY surprised me.

Each new posting to your wall requires that you select who you want to share the information with.

It’s in a box on the right hand bottom side of the text box. It defaults to EVERYONE! No matter what your privacy settings are in your master settings, you now need to CHOOSE, for every status update, who you want to share it with. So, don’t forget the extra step.

Why would Facebook do this? Because they want the site content to be searchable by major engines like Google and Yahoo!. Who does that benefit in this case? Well, primarily Facebook. It builds traffic and lures advertisers.

Your Online Footprint. Guard it!

I totally understand the value of building an online footprint via posting content and returning early in search results. It is effective exposure. In fact it is often the strategy that trumps any online participation. Content associated with your name that returns high in results essentially gives you greater exposure and it becomes your resume. And, that’s fine, but I don’t want my Facebook content indexed! If I were using Facebook only for business then maybe, but right now I use it as a private network of close friends and business colleagues that I know and trust. I do not want my vacation pictures showing up in the public time line on Google. Of course that may not be your choice, but if it is, be aware that the new Facebook settings have made ALL YOUR FORMERLY POSTED PHOTOS available to EVERYONE by default now.

Yesterday when I posted a group of vacation photos, weirdly it defaulted to Everyone. I’ve never shared my photos with everyone. No, indeed. Then I noticed that all my photos were defaulted to EVERYONE!  I had to go back in and manually change every album I had previously set to “Friends of Friends, Only Friends or Custom.

Furthermore, I was really freaked out when I went to Custom on a few, and it showed the override default as EVERYONE Even though my old default of Friends of Friends still showed. I was steamed!

I suggest that you go into Facebook right now and review ALL your settings and even your older content. Make sure if you go into custom settings on your photo albums you un-click the Everyone if you don’t want them visible to search engines. It doesn’t unclick just because you set it to friends of friends~!

Just to be safe, I went back into all my settings.  I made sure to untoggle the Allow Indexing for the Public Search Results settings.

I’m still digging into all of this. I will add more tips as I uncover them, but wanted to get this up right now. It’s that big of a deal to me.

There’s more chatter on the Web about the new settings. Let us know here at the VMO what you find and what you think.

Personally, I think this is a big mistake for Facebook – one of many they’ve made over the years. Positioning these changes as giving us more control over our content is dubious. These changes were made, in my opinion, to give Facebook more search results and increase the appeal to the advertisers they are courting.

At any rate, if you don’t want the world to know what you were doing Sunday afternoon, make sure you make the appropriate selection with the share button for every post update you make.

There may be a few USER benefits to the new settings, but over all, they make it harder to use – in my opinion. What’s yours?

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I’ve been away from my blog for a few weeks because I was traveling.  My travel included a self-imposed digitally restricted VACATION in Mexico. No email, no Web, and no unnecessary phone calls back to the states. Although it felt VERY odd, the break was healthy. I missed the Internet most. I was traveling in rural Mexico and there were several times when I would have loved to “look up” something on the Internet.

I could have easily stopped into an Internet café in Valladolid on our way to Chichen Itza.

Or accessed the wireless at the Posado el Moro in Puerto Morelos where we stayed. (great place!)

I could have browsed the web while munching a taco lunch at Trini’s.

But, I wanted to stick to my low noise vacation. I wanted to see how things would turn out sans Web.

Instead I relied on talking to people! Finding and reading printed books and pamphlets! Oh, and using (not very successfully) printed maps! Sure it would have been nice to have my iPhone data roaming turned on so I could access Google Maps when we got REALLY lost after taking a wrong turn, ending up in the city of Cancun (UGH!) on a Saturday night –really big cosmopolitan mayhem—but we eventually made it back to the sleepy little fishing village of  Pto. Morelos the old fashioned way–a tourist map, a flashlight, asking for directions at a gas station, following more advice from a kid in a McDonald’s parking lot, and finally getting yet another set of directions from a street vendor at a tennis court. It took long, but, heck, it was an adventure.

So, I learned that I could still be successful with or without the help of digital technologies, (That is a relief to know! Hahaha.) and it made me more aware of how people in Mexico, and specifically Puerto Morelos, live their lives plugged and unplugged.

Plugged.  An old (by U.S. standards) video game stored (hidden) under an ad banner on the front porch of their house, entertained these boys for hours every evening.

Unplugged.  While these children amused themselves and made a little pocket change by strolling among the restaurants entertaining diners with Christmas songs. No TEXTING! No iPods.

Plugged. The daughter of our innkeeper worked with a friend on a high school research paper for hours one Sunday afternoon using their computer at the kitchen table.  Still, they used paper and pencils for writing.

Unplugged. We watched from our balcony as a thatch roof was being built by hand on the house next door.

Unplugged. We enjoyed un-amplified music during Sunday comida.

Unplugged. And, a parade of children and parents, together, celebrating the Nuestra Señora de Guadalupe (Virgin of Guadalupe) entertained the town one Saturday afternoon.

The only caveat to my digital free vacation came when we realized that Pto. Morelos doesn’t have a bank.  So, we had to use digital cash machines. Unfortunately one we accessed malfunctioned and forced my travel companion to an Internet café to check his bank account via the net. Though he speaks Spanish, using a Spanish keyboard to navigate and write an email in English was awkward and took some time getting used to it.  All the same it gave us some peace of mind that the issue was going to be resolved and he needed the Net to get it done!

So, what do you think about going unplugged on a vacation? Have you done it?

It only took me about six hours to get through my most important emails when I returned to the states! Was it worth it? It was worth it.

If you love to eat fresh fish, tortilla’s, beer and enjoy bright white, sparsely populated beaches, go to Puerto Morelos. If you want to snorkel or fish an amazing reef with the most beautiful coral anywhere, go to Puerto Morelos. Recommended dining: Cucina Economica – incredible home made meals for a few pesos; Trini – nice location on the square (Internet connection optional); Pelicanos – a view that you won’t find just anywhere and try the whole deep fried fish it’s amazing. Off the main road look for Petita – the local’s secret – this is a funky, fabulous little spot with a sand floor, pleasant people, cold drinks and the best fish and fresh caught lobster anywhere! That’s living!