Business Development & Marketing Strategies and the Ethical Considerations That Come With Them By Micah Buchdahl November 2010 The care you take in creating and growing your book of business may be just as important as the clients within it. Sometime after you learn the secret handshake and get the keys to the executive washroom, many new partners find themselves faced with an uncomfortable new role rainmaker. In too many cases, the increased expectations in the area of business development and marketing still come as a bit of a surprise. Who said anything about building a book of business? During the upcoming ABA New Partner and In-House Counsel Conference in Philadelphia, February 25-26, 2011, three successful attorneys with a business development bend will provide insight and tips on successful approaches along with a primer on the ethical issues that can accompany such efforts. Being an Entrepreneur and using technology tools to advance your business development; good approaches to media relations Greg Siskind has been at the forefront of business development strategies in the legal profession for decades. Using entrepreneurial savvy and an early adopter attitude toward the Internet, Greg gained some early experience at a large law firm in Tennessee before heading out on his own to build Siskind Susser, one of the largest immigration law firms in North America. His Visalaw.com was one of the first law firm Web sites in the nation launched in 1994, yes I said 1994 and typically receives more than 1,000,000 hits every week from more than 150 different countries. Siskind Susser was also the first to utilize a listserv for distributing a firm newsletter and one of the first to use Internet voice and video conferencing software to serve clients. A key element to business development success is an understanding of positioning yourself in the media as a resource in your practice, said Siskind. Our firm has combined an online presentation of knowledge with an appreciation of a journalists job to increase visibility leading to more clients. Greg offers new partners the following tips when developing these aspects of your marketing plan: Don t wait for reporters to call you. We all know that one of the best ways for a lawyer to develop a brand is to be quoted regularly in the media as an expert on a particular area of law. But you can t depend on reporters to figure out for
themselves that you re the right person to contact. How can you be more proactive in getting reporters to rely on you for their stories? Here are a few suggestions 1. Monitor the media and start to develop a list of reporters writing about your area of expertise. One easy, free way to do this is to use Google Alerts to send you e-mails whenever news articles meeting your search criteria show up online. For example, if you are an adoption lawyer, getting e-mails that contain phrases like adoption law or adoption legislation might work. Note the reporters name, news organization, e-mail address and phone number if they re in the byline. Otherwise, most news outlet Web sites have a reporter directory on the site that will get you this information. 2. Have a blog on your particular area of expertise and write about breaking news events as well as subjects you think reporters should be covering. 3. Periodically contact reporters on your list whenever you think you have a story idea and then direct them to your blog post. An e-mail is usually fine, particularly if you don t know the reporter. Be sure to keep the e-mail brief and let the reporter know in a sentence or two your background (e.g. I m a bankruptcy lawyer with 20 years experience in the field and a partner at the firm of Doe and Dear in Philadelphia. ). You can give a link to your Web site bio if they need further information on your background. 4. When a reporter covers a story, you can contact them with feedback. I d usually suggest keeping it upbeat. For example, you might say My name is John Smith and I m a litigation partner at Ray, Drop and Sun. I found your story really compelling and you did an excellent job conveying the difficulties that individuals in this predicament face because of [fill in the problem in the law, courts, etc.]. If you re planning on writing further about this subject, you might want to consider doing a story on [fill in a related issue]. I would be happy to help you if you re interested as I have clients who might be interested in speaking with you and I can provide you with an expert s viewpoints. Be opinionated One of the most effective, inexpensive and least time-consuming ways to reach a large audience is to write an opinion piece for your local newspaper. Is there a particular subject in the news that would be of interest to your clients and prospective clients? Maybe you re an immigration lawyer and you are concerned about anti-immigration legislation working its way through your state s legislature. Op-ed pieces are usually prominently featured in the newspaper, readers know that guest columnists are often experts or prominent in their field, and the columns are an excellent way to show your knowledge as well as that you re in the corner of your clients and prospective clients. Be sure to pay careful attention to the word limits a newspaper places on an opinion piece, keep the story compelling (usually commenting on something that s a hot news subject is a way to get attention) and assume your readers have little or no expertise on the subject about which you re writing. Also,
don t submit the piece to more than one publication at a time. If your first choice turns you down, then shop the piece to another publication. Most of the time, a newspaper will tell you in just a couple of days if they intend to publish or not. And if you don t get your first piece accepted, try again. Sometimes you just need to pick a different topic or need a little more practice writing in a style that will appeal to the editorial staff. An internet search will prove that Greg not only is good at providing effective pointers, but his quotes can be found in The Wall Street Journal, New York Times, and on C-Span when he was asked to testify in front of Congress on important immigration legislation. Old-Fashioned Contacts, Networking and Visibility While Greg took the large firm to small firm (eventually growing rather large again) approaches to building his immigration practice, another member of the program taking place in Philadelphia has taken a different approach to reaching great success as a new partner. Michael R. Nestor is a partner in the Bankruptcy and Corporate Restructuring Section at Young Conaway in Wilmington, Delaware. Mike's practice emphasizes the restructuring of business organizations ranging in size from large publicly held companies to mid-market closely held companies. As a new partner in one of the largest bankruptcy practices in the Northeastern United States, he learned from his mentors early on that marketing was an important factor in their success. As I moved through the ranks from associate to partner, our firm always encouraged us to be proactive in business development, said Nestor, who as a new partner quickly became the firm s marketing partner for five years. It takes time and commitment, but if you want to grow your practice and be successful as a partner, you need to do it. Mike offers new partners the following suggestions: 1. Be responsive - seems like a restatement of the obvious, but being responsive (to clients and counsel) is always overlooked and extremely invaluable. Your best marketing is always your good work, and being known as a quick responder is the ultimate calling card for repeat business and referrals. 2. Be sure you understand the law/practice - it s tough to sell without understanding the law, the issues and the practice. This is one reason why junior associates should spend their time becoming an expert in their field(s) of practice and not on marketing per se. As you develop professionally, slowly add in professional development components that address those areas of marketing you will need in a few years. 3. Never underestimate how a contact can evolve - one matter can lead to a lifetime of practice. Recognize this is not an overnight accomplishment and there is no silver bullet. Massaging and growing relationships with clients and colleagues is still your best tool. 4. Stay on the radar of your clients/referrals sources - periodic communication (not too frequent) with relevant, real-time content (not spam). Sending case alerts quickly after the case has been decided
demonstrates that you are on top of the law, you know what the client/referral sources would find of interest, and that you care. 5. Take advantage of any marketing resources your law firm provides. Many law firm marketers are beating on doorsteps offering help take it. 6. Develop a strategic marketing plan and reasonable budget to accompany it following through and revising from year to year. If you create something that works with your practice, time, budget and resources you will see dividends. Somewhere between Greg and Mike s varying approaches to business development comes an often overlooked area of great importance the confusing and complicated Rules of Professional Conduct that come into play. Understanding Ethics; Following the Rules While building or increasing your book of business or figuring out which tools to use from live networking to social networking; online, offline, across state lines highlighting where the Rules of Professional Conduct come into play for compliance with the standards of the states in which you both practice and solicit business is key. While my focus as a lawyer has been to help law firms create and implement business development goals, strategies and budgets I ve also been relied on to provide ethics counsel in the marketing arena. Staying compliant is tough for the most vigilant of firms. The good news is that the more you learn about what you can not do, the more you are learning about what you can. State oversight ranges from the could care less to the let me see every marketing piece before you distribute it. In today s multi-jurisdictional practice world, it is rare that our interest is confined to a single state. And these rules are continually changing, with new ethics opinions and revised rules being published in many states. Law Firms with offices in numerous states and countries still need to look at rules and ethics opinions for each location to determine compliance. There are rules that apply to Internet use (which ranges from Web sites to blogs, e-mail, social networking, directories and various sponsorships), solicitation, print advertising and seminars. Here are a few tips to consider. Appropriate Disclaimer Language/Privacy Policies Some states require specific disclaimer language on the home page of a firm Web site. Be sure to follow the rules of all relevant states. For the most part, the disclaimer is simply provided on the bottom of the home page, or a link is provided at the bottom of the home page to a separate disclaimer section. The use of privacy policies is generally more prevalent in e-commerce sites in which the end-user is concerned that the Web site owner may provide information to third-parties. If your site has an e-commerce edge, you might consider adding a privacy policy. Helpful Hints:
You do NOT need to have someone click on a disclaimer acceptance prior to using your informational site. Click-wraps often scare off potential clients simply seeking a look at your credentials. Consider following the rule employed by some states in which the disclaimer states the name of the attorney at the firm responsible for the Web site. Make the attorney name a hyperlink to either his/her biography and/or e-mail address. This way, if anyone has any questions or doubts about the site or any content posted, you make it easier to identify the appropriate person in the firm to contact. You do not want a state bar calling the webmaster or another non-lawyer administrator. It also shows people that you are taking the site seriously, and that a member of the firm is keeping tabs on it. Make sure you are watching the rules for each state in which you maintain an office and/or practice. You may have 399 of 400 attorneys in Pennsylvania, but if the 400 th is in a Florida satellite office, you now must follow those rules as well. Look at what your colleagues are using for disclaimers and privacy policies, to come up with better ideas of coverage. While many of us prefer to put too much disclaimer language rather than too little, past experience lends a hand in how these sections are crafted. Know which states you are practicing in! It sounds like a pretty inane statement, but do you know which states you need to concern yourself with? Helpful Hints: Which states are your attorneys admitted to practice? In which states are you actively seeking clients? In which states do you have offices? What exactly are some of the potential issues I am trying to avoid? Take yourself through a list of the following potential pitfalls, and ask yourself if your presence could create any of these predicaments. Attorney-Client Relationship: The number one concern for many attorneys on the web is ending up with an a/c relationship that you did not seek, ask for, or want! Conflicts: In taking in clients and information, have you had a chance to run the appropriate conflicts checks? The more you automate the intake system, the more likely you may be missing a few things. Confidentiality: How easy have you made it for an inquirer to forward inappropriate information to you? Competence/Unauthorized Practice of Law: Do you make it appear that your expertise runs from Antitrust to Zoning Laws? Do you make it appear that you may be practicing in New York when your only bar admittance and office location is in Tennessee?
Advertising Restrictions: States sometimes identify requirements in regard to advance filing of advertising, specific disclaimer terms, recordkeeping, and information specific to billboards, radio, television and the Internet. Be sure you are complying with the specifics. While the rules are more cumbersome than in almost any other profession, the reality is they should not prevent you from participating in almost any form of business development you just need to know how to identify the particular issues and address them something we ve all been trained to do. The rules are not an excuse for poor business development initiatives and execution. Follow our advice, and increase your standing as a new partner. Learn more from Buchdahl, Siskind and Nestor at the New Partner and In-House Counsel Conference, February 25-26, 2011, in Philadelphia. About the Authors Micah Buchdahl is the immediate past chair of the ABA s Law Practice Management Section, and president of HTMLawyers, Inc., a law marketing consultancy. He can be reached at micah@htmlawyers.com. Greg Siskind is managing partner of Siskind Susser in Memphis, Tennessee. He can be reached at gsiskind@visalaw.com. Mike Nestor is a partner at Young Conaway in Wilmington, Delaware. He can be reached at mnestor@ycst.com.