3 Reasons Why Every Lawyer Should Study JD Supra's Readers' Choice Awards

JD Supra just published their inaugural Readers’ Choice awards, featuring top authors and top content across 26 categories in 2015. The accompanying report provides critical insight into who’s reading what – and in which industry – that every lawyer should know. Some observations:

Clients Read What They Need To Know

First, the awards make clear that the “secret” of leading authors on JD Supra is to give the people what they want. These authors are writing about the issues relevant to the companies they want to reach. That may seem self-evident, but it’s not. Because it means you have to step away from your perspective as advisor, as someone who knows what her clients SHOULD be worrying about, and step into the shoes of those clients trying to understand a hundred different and diverse legal issues all at once. Of course you can (and should) write about issues you think your potential clients need to know. But if you’re not analyzing the developments they think are important, you’re not going to gain the credibility that will lead them to take your word for it.

This is particularly important because the issues keeping your clients up at night may not always be the ones you think. A top concern of Silicon Valley, according to the report? Immigration. Of insurance companies? Cybersecurity and data breaches. Of businesses in the broadcast media industry? Employer liability. And of course you may already know this (200 lawyers writing on JD Supra did…), but the point is the same: you’ve got to drill down and figure out what’s important to the people you’re writing for, if you want them to read your work.

Content Marketing Works

Second, the reader analysis done by the folks at JD Supra demonstrates that content marketing is working: industry insiders really do read the legal analysis and insight that you post online. A quick look at the “notable readers” makes that clear: people from Chevron, Johnson & Johnson, Amazon.com, Time Warner Cable, Wells Fargo, Cisco, Microsoft, Texas Instruments, Bank of America, Office Depot, Medtronic, etc., are going to the Internet for guidance on understanding and responding to the legal and business issues they face every day.

Less Is Definitely Not More

And finally, while it may seem obvious, the awards really drive home the point that you shouldn’t ignore a topic because you’ve already written about wage and hour law, or because your competitors have covered data breaches in the insurance industry, or because there’s nothing more to say about the Affordable Care Act. Your job – like every other lawyer – is to demonstrate expertise on the subjects that matter to your clients. A single article does not do that: you must write about the topics you know again and again and again. People are going to read your work when they need it, so your job is to make sure that when they are trying to understand an issue, your analysis is available to them. You do this the way almost every author in these awards did it: by turning up again and again and writing what matters to your readers and clients.

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First published on JD Supra

3 Questions As You Rewrite Your BD Plan for 2016

The end of the year is always a good time to take a hard look at your business development efforts of the last 12 months: what worked and what didn't, where you want to spend your time and effort next year, etc. If you're going through that exercise – and you should be – here are three questions you should ask yourself:

1. What do I like to do? No, I'm not talking about horseshoes or hang-gliding (though there are no doubt many lawyers who have turned these and similar interests into BD tactics). Instead, you need to figure out what you enjoy, what you're most comfortable doing, and what you don't like, so that you can shape your BD efforts accordingly. Put another way: if you're more at home in front of the keyboard than in front of a crowd, you probably should put public speaking lower on your list than starting a blog. Because you're not going to actively engage in BD activities you don't like to do.
2. What makes me special? Obviously, you wouldn't be a successful lawyer if you didn't bring something special to the table. Something tangible for your clients. Something that makes you stand out, that makes them continue to give you work. Once you figure out what that is – you might even consider asking one or two of them – you can start figuring out a way to exploit that strength, to determine who will be most interested, to articulate that which sets you apart from the competition.
3. What is the market telling me? Staying on top of trends in the market – what regulators are doing in your key clients' industries, what's going on in China, how the presidential election is likely to change the way your clients do business – is essential at all times. But as you're trying to figure out where your biggest opportunities will lie in the coming year, you should be paying closer attention. A good place to start is BTI's recent Mad Clientist blog post reporting on a survey of more than 300 General Counsel on the areas in which they plan to spend their legal services dollars in 2016.

7 Ways To Make In-House Lawyers Happy

Earlier this week, I attended a Legal Marketing Association Ohio conference, "Perfect Your Pitch," featuring six in-house lawyers:

• James D. Campbell, Senior Counsel – Litigation and Claims, Big Lots!
• Ria Farrell Schalnat, General Counsel and Director of Intellectual Property, Vora Ventures
• Mark G. Stall, General Counsel, Escort Inc. and Cobra Electronics Corporation
• Peter Jurs, Vice President and Legal Counsel, Fifth Third Bank
• Robert Horner, Vice President, Corporate Governance and Secretary, Nationwide
• Fred Stein, Senior Vice President and General Counsel, Redbox

The group shared useful insight into what we should be doing to make them happier and get more work. Some observations (in no particular order):

1. In-house lawyers want meaningful relationships with outside counsel. For the in-house people who sat on the panel, it's all about the relationship. They won't give work to people they don't know, people they just met, people who haven't spent the time and effort to get to know them and their company. One panelist said that two years is the minimum amount of time necessary for a relationship to develop into work for the outside lawyer, and that ten years is probably more realistic. That might be a bit extreme, but the point is that they want to work with people they know and like, so the better your relationship, the more opportunities you will see.
2. They like free stuff. All of the in-house lawyers were in agreement that they appreciated lawyers who give them free stuff: forms and checklists, ideas and suggestions, introductions to potential customers, etc. Doing so demonstrates that you care, that you're willing to invest in the relationship, that you're the kind of lawyer they'll want to have on their team. It gives you a chance to "audition" for more work and, most importantly, it opens the door to reciprocity: additional work, referrals, and the like. It was clear that most of the in-house lawyers who spoke have to operate on limited budgets with fewer people than they need, so becoming a "knowledge source" is a great way to stand out as you help your clients get smarter and do their jobs better.
3. They require transparency. All of the panelists talked about the importance of transparency at one point or another. A pet peeve was outside counsel who blew through a budget without telling anyone, instead sending a bill for twice the amount. That isn't to say that firms must stick to expected costs for unpredictable work (think litigation), but rather that they want their lawyers to keep them in the loop when fees start to exceed the budget. They recognized that it's not an easy phone call to make, but were clear that it absolutely had to be made for the relationship to continue and grow.
4. In-house counsel is always interviewing other lawyers. Like all of you, in-house lawyers attend seminars, conferences, social events, and the like. They talk regularly to other providers, and they meet people they like and want to work with. That's a given. For you, it means always taking that extra step, making your clients happy, asking them what they want and then delivering it. But it also means that you're only as good as your last piece of work, and that your client relationships are always at risk.
5. They're struggling to please their own clients. Several times during the day each of the panelists referenced his or her own clients: the CEOs, executives, Boards, etc., to whom they all report. Those clients are just as demanding as yours and, as one speaker pointed out, the risks are much greater for the in-house lawyer who doesn't make her clients happy. Another said (and said again) that he wants his outside lawyers to ask him how those clients are doing every time they're on the phone together. The bottom line? Knowing who your clients report to and how they're being evaluated can make or break a relationship.
6. They're tired of Alternative Fee Arrangements. "Alternative fees are a race to the bottom where associates are getting squeezed." That's a direct quote from one of the panelists, who said that getting work "on time, on spec, and on budget" was better than an alternative billing arrangement. It's not that they're wedded to the billable hour, but rather that they have learned that AFAs do not always mean lower costs – or greater efficiency – so they are understandably skeptical when outside lawyers pitch alternative fees. We should instead be creative in developing billing agreements that are win-win and that allow both sides to benefit from technology and other delivery improvements.
7. They don't like staleness. From the panelists' perspective, outside counsel should always be improving the delivery of legal services, the relationship, the quality of work. One in-house lawyer called it CQI: Continuous Quality Improvement, and said that he liked lawyers who kept the relationship dynamic.

Have you made your resolutions for the New Year?

I was interviewed Friday by Chelsey Lambert at Total Attorneys for their Total Expert Radio broadcasts. I'm not used to sitting on the interviewee side of the table, and it was a lot of fun. Chelsey did a great job keeping me on topic. Thanks too to Kevin Chern and Kate Battle, who made the interview possible.

Chelsey and I talk about new year's resolutions for lawyers in three areas: growing their business, communicating their message, and managing their practice. We cover a lot of ground, especially with respect to business development, communications and practice management trends in 2010 and how those trends will translate into 2011. You can listen to the interview below, but if you don't have time right now, here's the summary of my new year's resolutions for lawyers and law firms:

Growing your business

1. Make a plan, a road map, that contemplates what you want to achieve in your practice, the people that will help you get there, and they ways in which you are going to connect with those people.
2. Set priorities. Time is not unlimited. Decide what's most important, and focus your efforts on that. And don’t make grandiose projects that will never come to fruition. Baby steps are fine.
3. Talk to your clients more. Go through the list of your clients, not just the ones easy to talk to, and start connecting with them. Talk about service, about value, about their problems, about solutions.

Communicating your message

1. Revamp your marketing materials. Practice descriptions, biographies, boilerplates, etc. They get stale quickly. Try to tell more -- and more meaningful -- stories.
2. Write where your clients read. If they read blogs, write a blog. If they read trade publications, do what you can to publish in the trades. How do you find out what they read? Ask them.
3. Draft a communications plan but don't get hung up on the process. Write down what you want to say, who you want to say it to, what you want to achieve from saying it, and where you should say it.

Managing your practice

1. Set objectives for your practice beyond just practicing law. If you don’t plan your route you may end up somewhere you don’t want to be.
2. Embrace alternative billing. Develop some meaningful alternatives to the billable hour that you can offer clients without hesitation.
3. Explore new technology. Cloud computing, client extranets, mobile technologies, etc. Figure out how you can use technology to provide better service, and start doing it. 

Listen to internet radio with Total Attorneys on Blog Talk Radio

What I’ve learned from a year of 22 Tweets

This week marks the one-year anniversary of 22 Tweets. It’s been a great first year. I’ve learned a lot from the interviews, about the lawyers I’ve interviewed, about the practice of law, about how what I hope is a representative slice of the Web 2.0 legal crowd markets themselves and their practices. And I’ve also learned a great deal about communication and communicating, about messages and crafting them, about stories and articulating them. While it would be hard to sum up everything I've learned in a single blog post, a few lessons stand out:

• Everybody has a great story to tell. Most of the lawyers I’ve met over the past 20 years have interesting and engaging stories to tell, the kind that convey their passion, intelligence and conviction, the kind that draw you in and keep you on the edge of your seat and make you glad you heard them, the kind that make clients want to hire them. They tell great stories (when they’re not so busy trying to pitch their services that they forget how powerful their own stories are), just like each and every lawyer I interviewed for 22 Tweets.
  
  
• The medium is not the message. Whether you’re tweeting or blogging or meeting with a client or giving a presentation to an auditorium full of your peers, the medium is not the message. The message is the message. And lawyers need to understand and use the full range of communications channels their audiences are using – with a common message, one that conveys their strengths, their differences, their story – if they want to be heard.
  
  
• The message received is the message. Not the message sent. There are few “do-overs” in real life, and even fewer in communication: what you mean is irrelevant if your audience doesn't understand what you are trying to say. Not because you can’t recover from miscommunication, but because when neither of you are aware that you aren't talking about the same thing, you’re not going to know it.
  
  
• Effective communication is hard work. Part of the challenge (and I hope the fun) of being interviewed on 22 Tweets is responding in 140 characters. Finding a way to say who you are, or what you do, or why you do it, in a single tweet takes time and effort and work. And although life doesn't place the same constraints on communication as Twitter does (though many days I wish it would), the people who communicate most effectively apply the same rigor to all their words across all channels.
  
  
• Value is king. Whatever your message, whatever the channels you use to communicate it, whatever the content you provide, unless it adds value to your audience, unless it helps them do their jobs better, make more money, get smarter or sleep better at night, then it probably doesn't hold a lot of value for them. Lawyers are in the business of providing value. Shouldn't your tweets, your blog, your website, your brochures and your speeches provide the same value as your legal work?

It’s been a great first year. Thank you all, readers and interviewees alike, for making it possible.