He came to the office wanting only one thing: to clear his name by fighting the accusations. They were accusations that were currently civil (and very public) in nature, but could become criminal and administrative. He got my name, and he brought his file and his checkbook. He had his assignment for me, and just wanted a pen.
There was nothing I needed to do. No selling of my qualifications, no answering questions about what I think about other lawyers, no internet marketer to thank. He checked me out, was told the possible amount of fees, and made his decision before walking in the door.
I read his documents, asked a few questions, noted a few things I saw, and then told him he was going to get killed. I explained not only the legal aspects of his case, but the consequences of fighting and losing. I also explained his other options based on things he wanted to do, and why I thought there was another way to go that would put him in a better position to avoid other issues that would surely arise.
He immediately got up and walked out wanted to continue talking.
You may be thinking this is pretty obvious. This is what lawyers do, they give advice to potential clients on the risks and possibilities and let the client make the decision.
I know you were expecting a round-up of last week’s Legal Marketing Association rainbow and unicorn festival conference where this year’s theme was… well, the same as last year and the year before: “Why won’t lawyers listen to our buzz words?” Instead of a round-up of the group hug, which will only make you dumber, here’s all you need to know based on the #LMA13 Twitter feed:
Formalizing client process via increased measurement and increased services provided is making difference in accounting client satisfaction.
That comment was made after Popehat read the Twitter feed and instead of voluntarily running into the path of a fire truck, asked this question:
How will your firm embrace synergizing social leverage rebranding communication channels to market integration strategies of scale?
Of course if you didn’t go, you also missed the 4,759 announcements of:
We have another winner for our iPad giveaway! Stop by booth 300.
And that was it, buzz words and iPads. Get ready for an onslaught of marketeer emails and cold calls with game-changing new normal worthless ideas that will be criticized at next year’s conference, after you’ve paid for the marketeer to implement them in your practice.
So while all the marketeers are busy convincing you with buzz words that they have ways to get you more clients, clients, clients, I, of course, want to talk about getting rid of clients.
This is my favorite time of year. The ABA TechShow and the Legal Marketing Association Conference will headline a slew of multi-day conferences for very successful lawyers, some with clients, to mix with very successful, genius, game-changing marketeers and tech hacks, some who don’t work from their dining room tables or live at home, while hanging out in vendor halls looking for free coffee and a sponsored meal in between listening to the next law futurist spew stats on how clients they don’t represent want to receive legal services or hire lawyers.
If you’re on Twitter (which I am, even though I say in my bio here that no client has ever asked me if I’m on Twitter — because I enjoy the genius commenters saying, “But you’re ON Twitter dude?”), you can follow the dribble enlightening thoughts by searching #ABATECHSHOW. (That’s a hashtag. See, I’m one with the future.) In the coming weeks, you’ll find #LMA13, or just look for a bunch of people predicting the future of law and crying about “why lawyers don’t listen” to them.
When you look through the tweets, disregarding the vendors begging you to “come visit” their booth for a free Tootsie Roll and a chance to win the most important tool for any lawyer, the iPad, and the requests from very successful professionals to “share a cab” from the airport, you’ll come to something like this….
One of the good moments in the practice is when you see the result of a networking event, online introduction, “hit” on that marketing blog that you’ve never written a post on, or God forbid, a happy former client.
The result being a referral.
A real referral. A real case, a paying client who wants to meet with you “as soon as possible.” This person calls and says they got your name from someone you know. They read your canned post on the latest fatal accident, they think your automated Twitter feed with links to your website is awesome, or they heard you did a great job for their good friend and now they need you (but I hear that never happens anymore and that lawyers that rely on doing a good job and getting referrals as a result of that are part of the past and are going to go out of business very, very, very soon).
So this is all very nice. It shows that something you are doing is working. It may for a while take your mind off suing your law school for lying about getting you a job.
But then there’s the call that goes something like this….
There’s lots of misery in our profession. Much of it occurs because lawyers didn’t realize that the practice is not like some television show glamorizing our daily lives. We are also a miserable bunch because many of us do the same thing every day, we hate what we do every day, and we deem it useless. Even if you’re one of those rare lawyers who loves what they do, you stand the risk of being around the miserable ones.
I love what I do. I don’t love it every day, and like everyone else on the planet, occasionally think about doing something else. There are days when, like everyone else, I have to deliver bad news to a client, or wonder if every conversation I am having is a conspiracy to cause me to jump out a window.
So because I love what I do and love you all so very much, I thought I’d give you some thoughts about how to actually enjoy lawyering….
You want to know what the future of law entails for you? Probably not much. You do the same crap everyone else does. You’re some run-of-the-mill commercial litigator, or you write the same wills as every other estate planning lawyer, or you’re an “aggressive” and “caring” and “passionate” criminal-defense lawyer that will “fight for your rights.”
It’s all garbage. You don’t matter. You compete on price and spend your day wondering what works better — pay-per-click, or your Facebook Fan Page. You’ll pay the bills and get a nice case every so often, but you’re just another lawyer wondering why the world hasn’t lined up to hire you.
The future of law is specialization. I’m not just talking about “niche” practices, I’m talking about specialization within your practice. I’m talking about being a resource in your practice area, or knowing more about a specific issue than the others. And yes, I have examples, calm down, I’ll lay this out for you in simple, easy terms that you can understand. Maybe you can even put some of this to work in the middle of contemplating your miserable life as a lawyer….
You and your partner are going separate ways. It sounded like a good idea — you left the same firm together, or quit the prosecutor’s office at the same time. You got a little corner of another firm’s space, a wood sign with silver letters, a nice desk, and those two chairs in front of it that would make the clients believe they were in the right place. You plugged in a new phone system and off you went.
But your partner isn’t bringing in business, or maybe it’s you. Maybe a small law firm isn’t for you and you’re headed back to Biglaw or in-house. Maybe your partner can’t seem to get in before 10 or your contingency cases are way too contingent.
Lawyers split up; they have issues like any other type of relationship. They fight about money, space, others (read: clients) in their lives, and who knows, maybe they even sleep together. Sometimes the split occurs over time, and sometimes it happens suddenly.
Last year, I wrote about the thing that gets me yelled at almost as much as when I rail on SEO and tech hacks — when I dare to mention that practicing lawyers looking to build their practice should have an office.
Your practice may be “built.” You may be getting more calls than you can handle. You may be a low-volume lawyer that only needs/wants a couple cases a month, and your referral sources take care of that for you.
But I’m talking about the rest of the profession. The debt-laden, the hungry, the ones still trying to get to that place where they have the types of clients and cases they want.
This is not a post about the merits of having an office, it’s about when it’s time to move — to something nicer, closer to the business center of town, or closer to the courthouse you are in three days a week. If you’ve already decided that having an office is the worst thing you could ever imagine because “no one has an office anymore,” stop reading here and go yell at that law dean, or Wallerstein, or my boyfriend Elie….
You loved that story, huh? Couldn’t get enough of Ms. “F**k You” to the judge. Everyone ran right to YouTube, 7,000,000 times. Non-practicing “legal experts” claimed they knew exactly why this was the wrong/right thing for the judge to do, while the coddlers and tough-love morality commentators claimed this was an example of a bigger problem.
So yeah, young people just in to the jail from a drug-induced night out don’t always have the best manners. Sometimes they say “f**k you” to people who are in a position to help them.
So do lawyers and law students.
Lawyers, you are the worst at valuing your colleagues time. You have a legal issue or question, you feel entitled to advice, case law, representation. You feel entitled to the extent that your appreciation is often nonexistent. You often want referrals to lawyers that will help you or your client for free because, well, now that you’ve been paid, there’s no more money.
This is a post about the internet, and yes, it’s about small law firms.
You’re still in the race to page one of Google. Nothing is more important. It’s tiring. Your marketeer tells you that blogging is king. You don’t have time to blog, you need clients now — you aren’t interested in waiting for some client to think you had something interesting to say in your blog, and in turn, call your office, or some lawyer to read what you wrote and refer you a case.
Not a problem, says the marketeer. It doesn’t matter what you write, as long as your website is linked throughout the posts, like this:
Recently, this Craptown family lawyer read about a father being held in contempt for failing to pay child support. This case was not in Craptown and did not involve a Craptown family lawyer. As a Craptown family lawyer, it is important that anyone in Craptown who has a problem with Craptown family law call a Craptown family lawyer. It is unclear whether the father sought the services of a Craptown family lawyer, but contempt is a bad thing and is a reason to seek out a Craptown family lawyer. So for those of you fathers that are broke, it may be time to call a Craptown family lawyer.
These blogs all suck, say nothing, and exist only based on the marketeer’s promise of clients finding you via Google and dropping off a pile of cash at your office. The authors are very very very proud of their prose, as the marketeers cheer on their attempts to game Google. “Hey man, that last post was great, you had 27 links to your website.”
Obviously, this doesn’t apply to the vast amounts of Biglaw associates who read every single word of this column under duress every single week while waiting for their next assignment, but for those small firm and solo practitioners, I have a question: Does it work?
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: firstname.lastname@example.org.
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.