As an in-house lawyer who occasionally influences our selection of outside counsel, I hear an awful lot of law firm pitches. And I must admit that I’m often entertained by them. I spent better than 25 years in the private practice of law, where attracting new business was an important part of the game. I was never sure which pitches had a chance and which didn’t, so it’s pretty amusing to sit on the other side of the table to see how other folks approach this.
I recently saw one good pitch and one bad one, and I just have to share.
First, the bad one. Several lawyers from a firm visited us for a chance to explain their firm’s capabilities. I don’t remember why we were meeting with them — we actually had a need for them; someone recommended them; someone important asked us to meet with them as a favor; whatever. I used to think that getting in the door to meet with potential clients was a big achievement; I now realize that it meant less than I thought.
Anyway, these guys started the pitch the usual way: The firm has lots of great lawyers who’ve done lots of great things in their lives. The firm is divided into several departments, and those divisions should for some reason matter to me. A couple of magazines had bestowed some awards on the firm or its lawyers. Yadda, yadda, yadda.
On a nice, lazy, summer Friday, it’s good to know that rudeness still exists this world.
Today’s example of questionable behavior comes from a midsized Midwestern law firm. Yeah, apparently Midwestern manners don’t extend to how you treat people while you are rejecting them. This firm decided to use its rejection letters as an opportunity to market its new iPhone/iPad application.
It’s an app for people looking for work, of course…
Law firm advertising is expensive and certain methods may be cost-prohibitive for small firms. For instance, a small firm may not be able to afford a television or print campaign. Enter online marketing including, among other things, Google AdWords and sponsored links. In 2009, a law firm filed a lawsuit in Wisconsin state court challenging certain marketing strategies as an invasion of privacy, as defined in the Wisconsin privacy statute. Luckily for consumers and small firms, the court disagreed.
The case involved the two most prominent personal injury firms in Wisconsin. One of them, Cannon & Dunphy, used a Google AdWords PPC (price-per-click) strategy (and other search engines) to bid on the name of the state’s largest personal injury firm, Habush, Habush & Rottier. In other words, when a user would search the terms Habush or Rottier, a Cannon & Dunphy link would show up in the shaded section as a Sponsored Link.
Habush sued Cannon, alleging that Cannon’s online marketing campaign violated Wis. Stat. §995.50. That statute prohibits “the use, for advertising purposes or for purposes of trade, of the name . . . of any living person, without having first obtained the written consent of the person,” and provides a cause of action where such an invasion of privacy was unreasonable.
There is a small-firm lawyer I know who does not appear to me to be super at anything, other than perhaps being super-gross (yes, I am aware that I speak like a little girl on the playground). I recall a meeting in his office wherein he used his pen to clean his teeth, which resulted in his pen exploding on his shirt. Undeterred by his mess, this man continued to advocate for his client by explaining to me “all’s” he knew about a certain subject. As I was getting up to leave that meeting, I saw several wall mountings that indicated that he had been selected for inclusion in the SuperLawyers listing for several years in a row.
That experience made me wonder whether the SuperLawyers list, at least when it comes to small-firm attorneys, was somewhat less than “super.” Indeed, I felt that small-firm lawyers were disproportionately recognized as SuperLawyers. Who does not know a small-firm attorney selected for inclusion in that list?
So I decided to expose the SuperLawyers conspiracy….
Anthony Weiner at today's press conference (via Getty Images).
* Kashmir Hill’s take on Weinergate. She shares my admiration for Rep. Anthony Weiner’s sculpted physique, as showcased in his shirtless pics. [Not-So Private Parts / Forbes]
* Charles Colman poses a question for intellectual-property types to puzzle over: “at what point is a slogan so descriptive that it would simply be unreasonable to let just one company use it”? [Law of Fashion]
* Ross Fishman asks: How can law firms in smaller cities and legal markets generate inbound referrals? [Ross's Law Marketing Blog]
Before this column launched, I spent several moments stewing over possible pseudonyms. After all, branding is everything. So, I wanted to come up with a name that said to my audience that I was a small-firm expert and a super-cool chick. Naturally, I picked the name that is synonymous with post-menopausal Jewish bubbies. Perhaps I still have a thing or two to learn about branding.
I am not the only small-firm lawyer with a problem selecting the right name. Indeed, after Jay Shepherd opened my eyes to the hyphen-crisis, I began noticing a comma-crisis. Specifically, I noticed that there are a lot of small firms with way too many last names strung together with commas.
Why is it that many small firms have such problems coming up with the perfect firm name? Let’s explore this age-old question….
A few weeks ago, I was riding in a cab on the way to the airport. Right off the highway was a large sign for Le Massage Plac (the light for the “e” had died). I insisted that the cab driver make a pit stop. I needed to get le massage from Le Massage Plac[e], even if the dingy surroundings would give me le staph infection and require me to go le emergency room.
Yesterday I was walking through downtown Chicago and I was nearly run over by a food truck captioned The Meatyballs Mobile. I ran after the Meatyballs for several blocks. I just had to have a “Shweddy Balls” sub sandwich.
These experiences taught me firsthand the power of branding. What does this have to do with small law firms?
Funny story: One day during my third year of law school, I overslept and missed an important session of my Sales class. The problem is, when I tried to get the notes for the class, the only one who had … pardon me? Yes, Sales. No, not UCC Sales. “Sales.” As in “How to Market and Sell Your Legal Services.” … So, anyway, the only one who had the notes … what’s that? You didn’t? Seriously? So how were you supposed to learn how to sell your services as a lawyer?
Turns out my story, which was going to be hysterical, was also completely fabricated. Like you, I didn’t learn a damned thing about sales in law school. But at the time (the early nineties), that seemed OK. It’s a profession, you see. Sales is for commerce. Lawyers aren’t in commerce; we’re in a vocation.
As the practice of law careens away from its eighteenth-century traditions, where clients just find you, lawyers today (and especially small-firm lawyers) need to rely on sales skills to bring in business. Since we didn’t learn these in law school, we have to rely on our natural sales ability. Unfortunately, lawyers tend not to have any.
In fact, as a group, we suck at sales. But the reason we suck will probably surprise you.…
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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