Brian Tannebaum

Posts by Brian Tannebaum

The Practice: The Mid-Representation Conversation

By

It’s not part of a legal strategy or way to churn the file; it’s an attorney-initiated discussion about the client smack in the middle of the case.

What usually happens is that the attorney is retained, legal work begins, the client is updated as to the status of the case/matter, asked to weigh in occasionally on strategy, and reminded about the pending bill. We see this as part of the job, but how do the clients perceive the representation?

At some point in the representation, the best chance you have to hear what the client is really thinking is when they are not happy. You’ll get that anxious phone call, that question that is really a criticism, and it is during those times that you focus on trying to make the client happy.

What if you were proactive?

What if you scheduled a non-billable meeting with the client, outside your office, for the sole purpose of allowing the client to voice their overall concerns after you’ve been representing them for a while?

double red triangle arrows Continue reading “The Practice: The Mid-Representation Conversation”

The Practice: Free Advertising

By

A retail business owner asked me why I don’t believe in pay-per-click advertising or spending money on SEO strategies for my practice, as it has worked well for his stores. So I asked him: “What would you do if you needed a lawyer?” “I would call someone, get a name, and then look that person up,” he said. “You wouldn’t just do a Google search?” “No, never. After I got a name, I would check out the lawyer’s background, maybe see if he’s written anything that gives him credibility.”

No kids, he’s not talking about cute tweets or postings with links on a Facebook Fan Page. He’s talking about real writing, and he’s talking about getting your name from real people.

Now I know that I’m wrong, don’t know what I’m talking about, and am facing a sure death of my practice by suggesting that there are other ways of getting your name out there besides vomiting all over every social media platform, but it’s okay. When it all dries up, I’m sure I will have plenty of job offers from the wildly successful lawyers of the commentariat.

For those wondering if the life of a lawyer will ever be anything more than keeping track of your Google prowess by taking calls of, “I found you on the internet. How much do you charge?,” I have good news — it can be. There are actually real people out there that are looking for quality. It’s not that they found you first; it’s that they found you after a little research. If you’re going to be the type of lawyer that is found after someone gives your name, you might as well have something on the internet that evidences you have done more than just listen to some unemployed lawyer’s advice on building a practice.

My ideas are all free, and if you’re not afraid to use your real name, you may get some benefit from using them….

double red triangle arrows Continue reading “The Practice: Free Advertising”

The Practice: Creating A ‘Brand,’ While Others Create Your Reputation

By

Spirit Airlines is a cheap airline. They advertise a “$9 fare club.” They advertise a lot. Their goal appears to be to let everyone know, to create the reputation, that they are the low cost alternative to other airlines – just like you want everyone to know you are the “aggressive” alternative to all other “aggressive” lawyers out there that will “fight” for their clients (free consultations and payment plans available of course as well.). In fact, when you Google “Spirit Airlines,” you get this:

“Spirit Airlines – cheap tickets, cheap flights, discount airfare, cheap … ”

I’ve never flown Spirit, and I don’t know if anyone has actually flown anywhere for $9, but I do know that I’ve never heard anything good about this airline. They call themselves “cheap,” while others say they’re “bad.” They do make a ton of money, which should bring a smile to the growing number of cheap and bad lawyers out there….

double red triangle arrows Continue reading “The Practice: Creating A ‘Brand,’ While Others Create Your Reputation”

The Practice: Finding Meaning

By

Friday night, I attended the first ever Innocence Project of Florida dinner. I was invited by a close, personal Twitter follower board member, and upon acceptance, asked by someone in one of my Google+ circles the Incoming Chair of the Innocence of Project of Florida to turn over a fairly large amount of cash to be a co-sponsor. Apparently, while Holland & Knight was receiving an award for their thousands of hours helping to free the wrongfully convicted, money for the dinner wasn’t pouring in from the establishment. Maybe next year.

As lawyer-type dinners go, it was a little different — poor lawyers representing alleged violent criminals mixed with Biglaw lawyers who spent the last decade doing the same, as well as three dozen judges, the elected state attorney, the appointed United States Attorney, and a slew of law students. Also in the crowd were a half-dozen exonerees. The exonerees included James Bain, who served more time than any other exoneree — 35 years for a crime he didn’t commit. He went to jail when I was four years old, and got out as I was planning a trip for my 40th birthday.

The night had its share of speeches and awards. One of the awards went to lawyer Marty McClain, whose client, Juan Melendez, was there among the suits wearing a t-shirt. Juan spent 17 years, eight months, and one day on death row before being exonerated. Marty’s other client, Frank Lee Smith, couldn’t make it because he died of cancer on death row before being exonerated. At his table was Marty’s high school buddy, actor Tony Shalhoub, who looked like a stalking fan taking pictures on his phone when his lawyer-friend was honored for being poor and a hero. While people were asking Shalhoub for pictures and autographs, he was busy being enamored with Marty….

double red triangle arrows Continue reading “The Practice: Finding Meaning”

The Practice: The Danger and Pleasure of a Niche Practice

By

This week, I was introduced to an IP lawyer. Yawn. Another IP lawyer churning out trademark and copyright applications. Meeting one of them these days is no different than going to a lawyer cocktail hour and meeting yet another “commercial litigator.” (Translated: “I do general irrelevant crap. Where’s the guy with those little spinach things?”)

But I quickly saw in his email that this wasn’t just another IP lawyer:

“My area of practice is intellectual property, but with a twist: I represent technology companies in transactions involving the licensure, commercial exploitation and/or research & development of technologies — that is about 50% of my practice. The other 50% is representing digital marketing agencies, digital production companies, and related businesses in all of their IP and corporate needs. I handle a great deal of work in the area of data privacy rules & regulations, compliance with FTC rules for digital advertising, and matters involving outsourced technology transactions.”

Interesting. Next step is meeting this guy face to face, mainly so I can understand what that email just said. I realize he doesn’t want referrals from every guy in his garage with the next great invention, but although I think I know, I want to learn how and from where he gets his referrals, and how he built his practice.

There’s been a lot written about niche practices. A lot of it has been written by non-practicing lawyers, or those with a niche that they’ve had for five minutes. Although today’s kids would rather hear from those idiots than someone who’s been doing it themselves for a while, I’ll do what I do every week, and offer some advice that may make you less miserable, and cause you to think differently about your practice….

double red triangle arrows Continue reading “The Practice: The Danger and Pleasure of a Niche Practice”

The Practice: It’s Not Always About the Clients

By

Lawyers often let themselves be abused by clients. After all, the clients pay the fees, and because they pay the fees, they are entitled to behave how they want. Part of being a lawyer is learning that you have to accept clients who treat you and your staff like garbage.

And I’ve never understood that.

Sure, lawyers have clients that are emotional, anxious, demanding, time consuming, or confused, but our job is to try and use the “counselor” part of “attorney and counselor at law,” and help them through the journey as best as possible. Why that has to mean we just take their crap to no end is a ridiculous notion.

Small-firm lawyers are more often the recipients of abusive clients. The fees are usually being paid by an individual or small company instead of by some insurance company in another state. Instead of dealing with a legal issue that affects a whole company, it’s often someone’s marriage, injury, arrest, or contract dispute — something personal. The client has more of a one-on-one relationship with a lawyer and sees that lawyer as the reason for success, and failure.

The reason lawyers think state bars go after small-firm lawyers more than Biglaw lawyers is simple — there are more of us, and Biglaw clients usually (but not always) don’t see the bar disciplinary process as a worthy forum for their issues.

So we get threatened more, asked for fees back more, and often feel under siege by bad clients….

double red triangle arrows Continue reading “The Practice: It’s Not Always About the Clients”

The Practice: When Things Are Slow

By

Lawyers don’t like to be honest about not making money. (Unless you’re Jordan Rushie.)

I went out on my own in March of 1998. I did no advertising. The first month, I made three times what I was making monthly at the small firm I worked at for nine months. I was well on my way.

April was about the same, and so was May.

This was awesome. No looking back. Who said starting your own firm would be hard?

Then came June.

Nothing. No new cases, no money. The phone didn’t ring.

It was over. Three good months, and now I was done. I, of course, freaked out.

A few days into July the phone rang, and I was back. Whew. So I had one slow month. Now it would all be fine.

Then it happened again, and again, and again….

double red triangle arrows Continue reading “The Practice: When Things Are Slow”

The Practice: Growing

By

While self-anointed law futurists are competing for who can give the best advice on having a practice-from-laptop-sans-office and remain as small as possible (because happiness practicing law is being alone all day in front of a screen), some lawyers are still considering adding a lawyer as an associate, partner, or of counsel.

The question is, how?

Hiring a lawyer can be expensive, and there’s not always an extra chair next to you at Starbucks, so you’ll probably have to put them somewhere with a wall and a desk. Bottom line is that even when you get too busy to handle everything yourself, the cost/benefit analysis of adding another lawyer can be scary. You’re not just talking salary – but also benefits. And what about if that lawyer brings in business, how should they be compensated?

There’s no one way to do this, so here’s some considerations for those that are contemplating adding on…

double red triangle arrows Continue reading “The Practice: Growing”

The Practice: The Great (Stupid) Office Debate

By

When you went to law school or started thinking about starting your own practice, did you have dreams of waking up in the morning, walking down the hall to another room in your house and sitting down to do legal work? Did you hope to bounce ideas off of the dog, or plan strategy watching Matlock re-runs at 2 p.m.?
 
I’m sorry, I just don’t get this “Do I need an office?” back and forth, in which my “future of law” friends are quick to say “You don’t need an office.”
 
No, you don’t need an office. They’re right. You also don’t need to wear clothes that make you look respectable. You don’t even have to have any idea what you’re doing. You can work from your computer in your dining room, in shorts, and find answers (some which are correct) to questions like “how to draft a will,” on the internet. Some client, somewhere, will hire you. Maybe a few.
 
As you build your practice, you can do everything small, cheap, and sloppy. Forget about being downtown or by the courthouse. Forget about having to dress like you want to be hired for important legal work. Forget about building anything of significance. Just stay home and be happy that you’re saving money every month on an office. Way to go. Hopefully you won’t take advice from business owners who know building a business takes investment….

double red triangle arrows Continue reading “The Practice: The Great (Stupid) Office Debate”

The Practice: A Lawyer to Emulate — Marc Randazza

By

And so last week I wrote about mentors, questioning whether today’s young lawyers considered them crucial to professional and personal development. I questioned whether the high calling of being a lawyer has today been reduced solely to a desire for cash, and as such, nothing more than the hope to be “first” on Google and have a “game changing” web presence.

Which brings me to what you can call “Part II” of last week’s mentoring post, and an example of a lawyer to emulate.

There are certain lawyers that bring to mind a one- or two-word description. David Boies — Bush / Gore, Morris Dees — Civil Rights, Clarence Darrow — Criminal Defense, and when I hear “First Amendment,” I think Marc Randazza.

When I hear “first page of Google,” I can’t name one lawyer, and if I can, it’s not a lawyer that matters, except maybe to a bunch of lawyers looking to be the next internet sensation. Being an internet sensation as a lawyer is no different than having been a yellow pages sensation in the previous generation. Ever seen an obituary of a lawyer that said: “She was respected for her two-page, multicolored ads that were placed ahead of all other lawyers in the yellow pages”?

Marc Randazza isn’t an internet sensation. He’s only got about 275 followers on Twitter (and is therefore clearly on his way out of the profession if you ask any social media expert), but Marc Randazza matters.

Would you like to matter in this profession? Will you ever do anything important — anything that causes others to think of you as “that” lawyer for “that” type of case or issue? Or are you just hoping to win that stupid lawsuit against your law school for forcing you to go there because they promised you a job? Or maybe you’ve just bought in to the lie that to survive as a lawyer, you must vomit all over the internet with whatever your marketer tells you is the latest trick to game Google?

And before the commentariat’s collective head explodes, yes, Marc Randazza is my lawyer. I’m in the group currently being sued by Joseph Rakofsky….

double red triangle arrows Continue reading “The Practice: A Lawyer to Emulate — Marc Randazza”

The Practice: Does Anyone Want a Mentor Anymore?

By

Over the past few weeks, the ugly truth about the generational gap between those who claim the moniker of “Gen Y lawyer” and, well, everyone else, has been raging through the blogosphere. While younger generations have always looked at their elders as “stupid,” and not worthy of listening to, it has never been as much a part of the legal profession as it is now. The Gen Y cheerleading squad of lawyers and their marketers believe there actually is a “revolution” in the legal profession and that if those who have come before don’t get with it and move their practices to the iPad, they (we) will go the way of the dinosaur.

They also think their elders want them to fail, are scared of them stealing clients, and only offer criticism for these reasons. I hate to break it to you kids, but I want you to succeed, and my clients aren’t hiring you. They’re not hiring your website or your Facebook Fan Page. Really, they’re not…

double red triangle arrows Continue reading “The Practice: Does Anyone Want a Mentor Anymore?”

The Practice: Setting, Earning, and Keeping Fees in Small Law Firms

By

Ah, nothing brings around the lawyers of today like the talk of money. One of the most popular Google searches by law students and lawyers is “how to make money as a lawyer.” I rarely see searches for “how to cross examine the expert witness,” or “building a reputation, one case at a time.”

It’s all about the cash.

So here it is, here’s your red meat:

Charging “what everyone else charges” is for losers.

Good clients know you get what you pay for. Cheap, annoying, time-sucking, Bar-complaint-filing clients try to own someone for nothing. If you want the same clients everyone else has, charge the same legal fees. You can be Wal-Mart, or you can be Saks. More people shop at Wal-Mart, but people looking for quality shop at Saks, and they know the difference. They go in, they see something they want, and pay for it (without a payment plan). (And don’t tell me “credit cards are payment plans.” The seller gets the full amount, the buyer makes payments to the bank.) Saks doesn’t have “low prices,” and customers aren’t going there for low prices. They’re looking for quality. Price is secondary….

double red triangle arrows Continue reading “The Practice: Setting, Earning, and Keeping Fees in Small Law Firms”