Business development

There are approximately 3,500 law blogs in the U.S.

Many are struggling. Many are not worth reading — even by folks with a keen interest in the industry or area of the law being covered by the blogs.

These blogs lack emotion. They’re milquetoast.

Those of you as old as me may remember Joan Armatrading’s hit song, Show Some Emotion.

Show some emotion
Put expression in your eyes
Light up if you’re feeling happy
But if it’s bad then let those tears roll down

Perhaps not tears, but any lawyer who wants their blog read ought be ready to blog with some emotion—and passion.

If you’re not passionate about the area in which you blog, start over….

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Ever since December 9, 2002, when I launched my first blog, MyShingle.com, I’ve extolled the virtues of blogging for lawyers all over the Internet, every chance I’d get. Way back in 2003, before the term “blog” entered the vernacular, I created a comprehensive presentation on the 13 benefits of blogging (in blog format, naturally) that’s largely still relevant today.  I also published dozens of articles and blog posts about blogging, spoke about blogging, and produced a short video on blogging as the centerpiece of social media campaign.  My blogging has lead to a couple of clients and many professional opportunities; most recently, a  blog post  that I penned right here at ATL earned me a twenty-second spot  on the Daily Show. Heck, I’ve even been sued for blogging!

Yet in spite of my love affair blogging, these days, I no longer believe as ardently as I once did that solo and small firm lawyers should take up blogging to market their practice or to show what they know to prospective clients.  Sure, there are exceptions. For lawyers who’ve already taken up blogging in law school or who have a unique viewpoint about practice area that they yearn to share, starting a blog is a no-brainer. Likewise, blogging makes sense if writing about the challenges of practicing law or handling particular types of cases offers a pleasurable release from the stress. If mind and computer keyboard operate as a seamless unit, with thoughts effortlessly transforming into cogent and compelling prose, then blogging makes sense as well.

But let’s face it: most lawyers aren’t built that way….

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As we noted last year when we spoke at length about law firm branding, “[a]side from the daily challenges associated with sustaining or exceeding gross revenue year after year, Biglaw partners are probably most worried about their firm’s brand.”

With so many law firms out there in the world, it may be difficult to figure out which one is right for a client’s specific needs. Amid recent layoffs of all kinds, even from the most respected of firms, how is one to decide which Biglaw firm to roll with?

As luck would have it, there’s a ranking to determine which firm has the strongest brand in the business — one that can withstand even the bad taste that layoffs can leave in a client’s mouth….

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Ed. note: Please welcome Shannon Achimalbe to Above the Law. Shannon will be writing about the journey from solo practice to a larger law firm.

Some time ago, I met with a consultant to discuss how I could improve and expand my solo practice. I told him my future goals: to be recognized as an expert in my areas of practice, make lots of money, and have free time for my personal life. He said I could accomplish these goals, but it would depend on how much time and effort I put in. He then told me that I would need to “invest” money in marketing, blogging, networking events, and joining various organizations. I would also need to make plans to upgrade my office and get a staff. Finally, he told me to pick a religion, because I’d be praying often.

But when I looked at the projected costs to accomplish my goals along with the non-guarantee of success, I hesitated. A flurry of questions went through my head: Who do I need to connect with and hire? What niches are marketable and enjoyable? When would I start to see a return on my investment? Where are my potential clients?  How many more networking events do I have to attend? Why am I doing this? Am I going to enjoy doing this? When I found myself asking that last question, I knew it was time to look at other options…

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Keith Lee

It’s always struck me as odd how isolated law schools tend to be. They often seem to be the loftiest towers in the ivory towers of higher education. Far removed from the day-to-day grind of their graduates and unconcerned with any sort of practicality as it relates to their instruction. Not only that, they seem to exist separately from the other enclaves of education within their university. For instance, at a university which contains both a law school and a business school, it would seem a natural conclusion for the two schools to work together and provide students with opportunities for cross-pollination of ideas and education. Particularly given law schools’ new found fetishization of “experiential education” and a focus on practical education for law students.

I mean, given the choice to learn how to run a business, would you rather learn from a law professor who spent a year or two as an associate in Biglaw before hitting the life-long professor track, or a MBA who spent 20 years in business before semi-retiring to teach a class or two in business school?

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Keith Lee

I recently noticed a post by James Levy over at the Legal Skills Prof Blog about LexisNexis’s new “Think Like A Lawyer” program. The program aims to help law students be more prepared to work at a firm while they are summer associates. But as Levy points out:

“Apparently some employers have hired summer law clerks chiefly for the purpose of taking advantage of their free computer research access which until now has been a violation of the end user agreement.  But Lexis is changing that with the announcement this week of a new training program called ‘Think Like a Lawyer’ that, among other features, gives 1Ls and 2Ls free, unlimited access to computer research over the summer which they can use in their jobs.  That’s going to make it easier for at least some students to find summer clerkships especially with smaller firms where free Lexis access will add value.”

Firms using summer associates purely for free legal research?!? Say it ain’t so. But if that’s the case, just call it the “Free Legal Research Monkey” program and not “Think Like a Lawyer.” Because my knee-jerk reaction was: “Ugh, law school graduates actually need to think less like a lawyer….”

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Am I wrong to be suspicious?

I knew a defense lawyer whose online bio said that he had “spent more than a year of his life in trial.” But I also knew the facts: He had tried precisely one case in his life; it lasted more than a year; at the end of the year, the jury awarded more than the plaintiff demanded in closing argument.

Despite having spent “more than a year of his life in trial,” I’m not certain he was a proven trial lawyer.

Google the words “consummate trial lawyer” or “quintessential trial lawyer” or the like. (The actual bio may use a synonym to those superlatives; I’m concealing my victim here.) One bio will pop up from a guy who has, in fact, tried a few cases. But he lost them all. He hasn’t secured a defense verdict at a jury trial since the early 1980′s. (He did manage to reverse on appeal several of his trial-level defeats, but I’m not sure that’s too comforting to someone who’s looking to retain trial counsel.)

These examples, of course, come from the guys who are being honest: The words contained in their bios are technically true. I’m not even talking about the folks who brazenly lie.

Given the skepticism that puffery breeds, how can you write an online bio that actually persuades a reader?

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Keith Lee

N.I.N.J.A – No Income, No Job, or Assets

Often used in connection with loans, it also applies to so-called social media “experts.”

There has been a ridiculous rise of people claiming to be some sort of expert or professional or guru in social media in the past few years. How many? Try this on for size.

So in the three years, the number of social media experts multiplied by 11 times. Either there has been legitimate, explosive growth in the need for social media marketers, or perhaps (just maybe) people are promoting BS and blabber. These people are hoping, desperately, that someone will buy into their BS for long enough to pay them for it.

Unfortunately, lawyers are often some of the people who buy into it. You would think lawyers would know better — logical reasoning, analytical thinking, problem solving, etc. Nope. Lawyers seem to fall prey to these people as often, if not more so, as every other business….

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Conventional wisdom says that solos and smalls should join a bar association — either the American Bar Association, a state or local bar, or a practice-specific bar (such as an association of telecommunications or criminal defense or real estate lawyers) — as a way to generate clients. Here’s but one recent article that recommends pounding the pavement at bar events to find clients.

I disagree.

I’m not suggesting that solos and smalls steer clear of bar membership entirely; after all, bar associations provide a myriad of practice benefits, including substantive information on practice trends, affordable continuing legal education (CLE), and advice on starting and running a law practice. But if lawyers think that they’ll find business through bar membership, most are sure to be disappointed….

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I took the title of this column from Aristotle: “Young men are easily deceived, for they are quick to hope.

But I’m really thinking about business development and, as I often do in my navel-gazing columns, simply using myself as a case study.

I graduated from law school in 1983 and published my first article (in California Lawyer) in 1986. (I’d provide a link to the article, but I’m afraid the internet didn’t exist way back when. The article was a thriller, though; trust me: “Reviewing the Unreviewable: Obtaining Appellate Review of Federal Trial Court Remand Orders.”)

Because I was a young man, I was quick to hope: I’d published an article! My phone would naturally start ringing off the hook within the next few weeks! I’d be deploying my novel thesis in cases left and right, and the partners at my firm would be dumbstruck by my ability to develop business! Life of Riley, here I come!

Because I was quick to hope, I was easily deceived: Publishing one short article — even an article with a pretty decent thesis in a journal with a fairly large circulation — does not generate new business.

So I expanded my analysis and published the long-form of my article in the Arizona State Law Journal in 1987.

Because I was still a young man, I was still quick to hope. . . .

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