Marketing

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Slick marketeers, snake-oil salesmen, racketeers, office assistants… Some lawyers believe marketing is not a valid profession or discipline. That’s B.S.

Legal marketers are misunderstood at best and completely maligned at worst.

As a legal industry outsider, I’m confounded by how law firms de-value marketing and their hard-working marketers. I understand how we got here, but ladies and gentlemen, lawyers and marketers, it’s time to get caught up with the rest of the world…

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Soon after I started my solo practice, I realized that I needed to develop and execute a plan for getting new clients. At first, I did it the old-fashioned way: networking, joining organizations, giving elevator speeches, passing out business cards, and doing contract work for other attorneys. This method took time and cost money and it didn’t work to the extent I had hoped. So I asked a few colleagues whether I should hire someone to help me improve my business.

I received the names of consultants, SEO experts, and coaches. Someone even suggested I talk to Tony Robbins. Some people swore by them while others said that the “advice” they provided was a bunch of hooey and can be found on the internet or at the library for free.

Over the last few years, I have become very skeptical of business development professionals (sometimes known as “marketeers”) who claim that they know the “secret technique” for improving my solo practice. A number of them are lawyers or ex-lawyers who — for one reason or another — decided to go into consulting and coaching. Also, some of these “experts” have questionable backgrounds and may not understand the professional rules that we lawyers have to follow.

I should point out that the purpose of this post is not to badmouth any particular person or the legal business development industry. This guy covered that already. But click onwards to find out the reasons for my skepticism and my thoughts on when it might make sense to retain a business development professional….

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A blog post represents our entry into a conversation. Nothing could be more true when it comes to blogging by lawyers and other professionals.

Dave Winer, an American software developer, entrepreneur and writer who is widely known for his contributions to blogging, established over a decade ago that a blog represents the unedited voice of a person.

Law firms and other organizations don’t edit what their professionals are saying when engaging others face-to-face. Nor should they do so with blog posts.

During last week’s Business Development Institute’s Social Media Summit for Law Firms, I asked the members of the panel I was moderating: do your firms vet or edit lawyers’ blog posts before publishing?

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Keith Lee

As has been discussed ad nauseam, it’s a tough time to be a lawyer right now. The legal industry is in a rut and the economy continues to limp along. With the flood of lawyers that have been forced to hang their shingle over the past few years, there has been increased competition for clients. This has led to some fairly cutthroat competition in the world of attorney advertising.

Many types of practice don’t advertise. Or rather, their advertising is of the tried-and-true “display expertise” variety. Write articles for your bar association magazine, speak at clients’ industry events, join boards and committees. Not so much talking about yourself, but showing that you are active and engaged in the legal industry. Let your reputation speak for itself; let others talk about you. Develop a reputation, not a brand.

But building a reputation is hard. Developing a brand is expensive. Wouldn’t it be easier if you could just mooch off of someone else’s hard work or money? Such was the proposition to New York attorney (and occasional ATL writer) Eric Turkewitz  this past week…

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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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Last week, I addressed how technological advances and freer access to information can help ex-Biglaw partners like myself transition to a boutique practice without disruption — from the standpoint of being able to conduct a litigation practice in much the same way it was conducted while in Biglaw. As I said, it has become much easier to gain access to the litigation work product of Biglaw firms, for example, reducing Biglaw’s edge in knowledge management over a start-up firm like ours.

Of course, how best to exploit that work product requires training and skill, and to some extent a Biglaw-caliber background to begin with. In other words, the information may be more accessible, but it does not come with an instruction manual. At least when it comes to patent litigation, everyone needs to learn the trade the hard way.

But there is another important area where Biglaw’s edge is eroding….

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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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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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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. . . .

double red triangle arrows Continue reading “‘Young Men Are Easily Deceived, For They Are Quick To Hope’: The Slow Process Of Developing Business”

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