Business Development

Some things appear to be so simple that we assume (dangerously) that everyone “gets it.” Bear with me a moment. For lawyers, it is imperative to consistently and persistently cultivate, nurture and strengthen their relationships with their universal network; with clients, to receive more work; with referral sources, to receive more referrals; with prospects, to develop new work; and so on. Then why is it that a significant number of lawyers either have no system—formal or otherwise—for getting and staying in touch with these people or do a dismal job of staying connected? What Does “Getting And Staying In Touch” Mean? Again, a seemingly obvious question, but in my legal marketing practice of more than 20 years, I have yet to encounter more than a handful of lawyers who understand, as a practical matter, the fundamental principle of this phrase. Starting with the widely known statistic that it takes from 7-10 “touches” annually to stay “top-of-mind,” lawyers are well served to develop—often with the support of their legal secretary/assistant/marketing or IT department—a consolidated contact list including clients; industry and professional contacts; referral sources; prospects; friends and family; school classmates—law school, college, high school, etc.; co-workers and former coworkers; contacts from former clerkships; association contacts; community contacts; holiday card recipients; and so on. Though it may be an arduous administrative task to assemble all the business cards, old Rolodexes (yes, I’m showing my age), database printouts, etc., it is important to have all your contacts in one system. As I often relay to my clients, no list equals no connections, no communications with friends, peers, industry contacts and prospects, and, ultimately, no clients. Remember, we’re in the “relationship-building” business, and it becomes much more daunting to foster relationships if we don’t proactively get and stay in touch. While I could outline the precise steps lawyers need to take in assembling, organizing, categorizing and systemizing their contacts, I’ll spare the reader the administrative details in this article except to point out that once the task of gathering and entering all your contacts into a central system—even Microsoft Outlook does a decent job of this—is complete, lawyers would be sorely remiss if they did not “categorize” their contact names. What Does This Mean? For purposes of communicating regularly with your various constituents (clients, referral sources, prospects, etc.), no one communication message will be of interest to everyone on your contact list. That is to say, if you develop an e-newsletter or legal update on the importance of developing social media policies for the workplace and send it to your human resource clients, that topic may be of little interest to your charitable organization contacts unless they are involved in employment law issues. Basically, you want to tailor your message to an intended audience and there is no better way than to develop “categories” of contacts. When it comes to knowing how, when and how often to reach out, paramount on most attorneys’ minds is that they do not want to be perceived as “too pushy,” “aggressive” or otherwise annoying. Understandable. One principle I often convey to my clients is that most people are so involved in their own world, business, family, etc., you are not capturing 100 percent of their attention most of the time. In other words, to adequately “register” on your targets’ radar, there must be regular, consistent and persistent “touch points,” be they via e-mail, phone call, face-to-face contact (for which there is no substitute) and social media outlets, just to name a few. Check Motivations To build and grow a healthy practice, it is imperative to develop a system of getting and staying in touch but doing so with the appropriate mindset. In short, “It’s not about you.” Lawyers often ask me: “What is it that I’m saying to all these people?” Lawyers sometimes say, “I don’t want to bother these folks,” and express other such sentiments. My response is usually a variation on the theme of reaching out with a helpful spirit and with true intentions of checking in on your contacts’ business, seeing how they are making out with a recent transition or starting a new position, or a company move, etc. The universal sowing of seeds of goodwill will certainly reap only good things. Or, said another way, employing Newton’s Laws of Motion, “For every action, there is an equal and opposite reaction.” The more “goodwill” you put out, the more it will come back to you ... usually multifold. Time Considerations Attorneys are very busy people, often logging their time in six-minute increments. Where do they “find” the time to get and stay in touch with everyone and have the oft-needed downtime? Just today, I explained to a junior partner client that, if addressed productively, his contacts will soon be in his personal network circle. Think about it: We all have certain people with whom we enjoy sharing time. What if those special people could be the same people in your categorized contact lists? How cool would that be? Kill two birds with, well, you know. For the successful senior attorneys among us, many of you have worked most of your professional careers to create this very scenario. But it didn’t happen overnight. It took years, in some cases, one contact at a time. This brings me to my next point. Leverage Technology In our global Internet age, it has never been easier to “get and stay in contact” with a broad base of contacts via the technological tools available (e.g., LinkedIn, Facebook, Twitter, blogging). Not a technophile? No sweat; there are “people” who make a career of helping clients “connect.” One such job title is “certified social media specialist.” Net-Net In the growing competitive legal services arena, cultivating strong relationships is more important than ever before. As a successful lawyer and business owner, you must find a way to get and stay in touch with your desired audiences, targeted constituents and those folks who ultimately can help you grow a healthy practice. It is most easily done by: Committing to making it happen. Gaining buy-in from your support resources (internal and/or external) so everyone is on the same page. Developing a viable and workable system for gathering, categorizing and maintaining contacts on an ongoing basis. Scheduling dates/calendar regular communication with your contacts in addition to the other regular “touches.” Repeat. 

CALIFORNIA COURTS OF APPEAL Arbitration Suarez v. Superior Court of San Diego County (2024) _ Cal.App.5th _ , 2024 WL 256450: The Court of Appeal granted a writ petition directing the trial court to vacate its earlier order granting defendant’s motion to compel compliance with the existing arbitration order and denying plaintiff’s motion to vacate the stay, and to enter a new order granting plaintiff's motion and denying defendant’s motion. Plaintiff sued his former employer. Defendant filed a motion to compel arbitration and stay the legal action, which the trial court granted. Defendant, however, failed to pay its initial arbitration fee within 30 days as required by Code of Civil Procedure section 1281.97. The trial court ruled that defendant’s payment was timely because Code of Civil Procedure section 12 extended the payment date from January 1 to January 3, and also concluded that because the arbitration provider JAMS had emailed the invoice, Code of Civil Procedure section 1010.6 (a)(3)(B) extended the deadline 2 additional days to January 5, making defendant’s payment on January 4 timely. The Court of Appeal disagreed, holding that section 1010.6 did not apply to the e-mail transmission of a JAMS fee invoice. By its terms, the statute governs the service of documents in an action filed with the court. An arbitration proceeding is not an action filed with the court, and the invoice required by Code of Civil Procedure section 1281.97 is provided to the parties but is not served. (C.A. 4th, January 24, 2024.) Civil Procedure Di Martini v. Superior Court (2024) _ Cal.App.5th _ , 2024 WL 227975: The Court of Appeal granted a writ petition directing the trial court to grant petitioner’s motion to expunge a lis pendens. Petitioner agreed to sell real property to real party in interest Puga Gupta. Gupta won an arbitration award and filed a motion to confirm the award as a judgment. She also recorded a lis pendens. Petitioner filed a motion to expunge which the trial court granted because the action to confirm the award was not a real property claim and there was no request to quiet title. Gupta then filed a new action seeking to compel petitioner to complete the sale of the real property, and recorded another lis pendens. The trial court denied petitioner’s motion to expunge, concluding that Code of Civil Procedure section 405.36 only applies to successive lis pendens filed in the same action, and also concluding that Gupta established a prima facie case regarding the probable validity of a real property claim. The Court of Appeal disagreed, concluding that under section 405.36, because the Gupta lis pendens had been expunged in a prior related proceeding, Gupta was required to seek court permission before recording her lis pendens and the trial court erred in denying the motion to expunge. The trial court erred by applying a prima facie standard for determining whether Gupta established the probable validity of her real property claim. A trial court must order a lis pendens be expunged if the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim. (§ 405.32.) (C.A. 1st, January 22, 2024.) Insurance Myasnyankin v. Nationwide Mutual Ins. Co. (2024) _ Cal.App.5th _ , 2024 WL 340287: The Court of Appeal, in a consolidated action involving two appeals, affirmed the trial court’s order denying defendant’s demurrer to plaintiff’s complaint seeking a declaration of his rights regarding the video recording of an examination under oath (EUO) in Insurance Code section 2071.1 (a)(4), and reversed the trial court’s order denying plaintiff’s motion for attorney fees under Code of Civil Procedure section 1021.5. Defendant carrier demanded an EUO, but objected when plaintiff wanted to video defendant’s attorneys and claims representatives during the examination. Defendant refused to proceed with the EUO, asserting section 2071.1(a)(4) only permitted plaintiff to video record himself. Defendant also threatened to deny plaintiff’s claim unless he agreed to proceed with the EUO. Plaintiff then sued defendant seeking a declaration of his rights under section 2071.1. The Court of Appeal, ruling on an issue of first impression, held that the plain language, statutory framework, and legislative history all support a construction of section 2071.1(a)(4) granting insureds the right to make a video recording of the insurer’s representatives at an EUO. The Court of Appeal concluded that the trial court erred in denying plaintiff’s motion for attorney fees under Code of Civil Procedure section 1021.5, and remanded for the trial court to determine the amount of fees to be awarded. (C.A. 1st, January 30, 2024.) Torts Gilead Tenofovir Case s (2024) _ Cal.App.5th _ , 2024 WL 94462: The Court of Appeal affirmed in part, and denied in part, a writ petition seeking to overturn the trial court’s order denying defendant’s motion for summary judgment or summary adjudication. The 24,000 plaintiffs in this coordinated proceeding alleged they suffered skeletal and kidney damage or other adverse effects from taking defendant’s drug tenofovir disoproxil fumarate (TDF) to treat HIV/AIDS. Plaintiffs did not allege that TDF was defective. Instead they alleged that defendant was negligent due to its alleged decision to defer development of another drug tenofovir alafenamide fumarate (TAF), which had fewer adverse effects, to maximize its TDF profits. Plaintiffs also alleged a claim for fraudulent concealment, reasoning that defendant had a duty to disclose information about TAF to users of TDF. The Court of Appeal affirmed the trial court’s denial of the summary judgment as to negligence. It concluded that the legal duty of a manufacturer to exercise reasonable care can, in appropriate circumstances, extend beyond the duty not to market a defective product. Analyzing duty under Rowland v. Christian (1968) 69 Cal.2d 108, the Court of Appeal concluded that it was possible that plaintiffs could assert a claim for negligence, without proof of a defect, as to decisions the drug manufacturer made after obtaining the results of Phase III clinical trials of the alternative drug. However, the factual record before the Court of Appeal was not sufficient to determine whether or not such a duty had been breached. The Court of Appeal reversed the trial court’s denial of summary judgment on fraudulent concealment, concluding that defendant’s duty to plaintiffs did not extend to the disclosure of information about TAF. (C.A. 1st, January 9, 2024.) Perez v. Oakdale Irrigation Dist. (2024) _ Cal.App.5th _ , 2023 WL 9113961: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ action for the wrongful death of decedents Hector Evangelista (husband and father) and Giselle Evangelista (daughter and sister). Decedents perished after a collision left their vehicle overturned in a drain where they drowned. Plaintiffs sued defendant on a theory the water level in the drain was, or resulted from, a dangerous condition of public property. The trial court granted summary judgment based upon the canal immunity in Government Code section 831.8 (b). The Court of Appeal affirmed, concluding that subdivision (b) only places a single limitation on state/irrigation district immunity for injuries caused by the condition of canals, conduits, or drains; immunity does not apply when the person injured was using the property for a purpose intended by the district or state. (C.A. 5th, filed December 20, 2023, published January 8, 2024.)

Deciding where to place a law firm is an important decision. From the size of the space to the cost of the rent, a law firm must make many important decisions. Law firms also have to consider the aesthetics of the office. Depending on the types of clients a law firm is trying to acquire, a law firm has to consider the appearance of the space. For example, higher-end office space may be necessary if the law firm is trying to attract high-net-worth clients. However, it may be unnecessary if a law firm is trying to obtain business from clients who may not be high-net-worth individuals in a volume-based area of the law, like traffic, bankruptcy, etc. Is Your Office Near Your Competition? One consideration many law firms fail to consider is where their competition is located. For example, many law firms may seek office space in the same building as their competition. If not in the same building, many lawyers might be just a block or a few short blocks from other law firms in the same area of law. Law firms can engage in this strategy because lawyers often congregate in the same part of town. Usually, it might be next to a courthouse or in the business district. Lawyers can often socialize with other lawyers off the clock at bar associations or social events. Being near other lawyers can benefit many law firms in these ways. But it might be wise for many lawyers to consider a different strategy. When looking at office space, it might be wise to pick a building where no other law firm practicing in the same area of law is in that building. To take that concept further, it might make sense not to be within blocks of other law firms in the same area of law. Thus, instead of staying in the crowd, many law firms might consider spreading out and creating some geographic space between where they are and their competition. Why Would a Law Firm Want to Be Away from Their Competition? There are numerous reasons for situating your law firm away from the competition. However, one obvious reason is that a potential client can shop between several attorneys within the same office building or a few short blocks, making it harder to get new business. In other words, a potential client could engage in multiple initial consultations on the same day if they see numerous lawyers within the same building. When lawyers are in the same building in the same area of the law, it becomes a lot like a shopping mall of lawyers. The potential clients can literally window-shop at various law firms–much like a person who window-shops at multiple clothing stores in the mall. As many mall store owners can attest, many walk in and out of their stores without buying anything. On the other hand, if a law firm is spread out from their competition and outside of the crowd, the window-shopping concern becomes less significant. Potential clients coming to the law firm must be very interested in that particular law firm. Otherwise, they would not have made the trip to the law office. A law firm also does not have to be as price-conscious when they are not in the same building as their competition. For example, a law firm in the same building as its competition probably has to ensure its rates are comparable to others in that building. Otherwise, it can make it hard to compete with them. Further, it is also harder to lose staff and personnel to their competition when the law firm is not in the same building as their competition. When a law firm is in the same building, it is almost effortless for a competitor to use recruiting techniques to siphon away your key employees. Yes, a law firm cannot be so far off the grid that potential clients do not want to go to their location. But at the same time, being in the same building as many competitors may be something a law firm should avoid when selecting office space.

CALIFORNIA COURTS OF APPEAL Arbitration Folke v. Pulliam (2023) _ Cal.App.5th Supp. _ , 2023 WL 7179443: The Court of Appeal reversed the trial court’s order denying plaintiff’s petition to vacate the arbitration award—the award provided that defendant was entitled to recover all fees paid to plaintiff—in an attorney fee dispute under the Mandatory Fee Arbitration Act (MFAA; Bus. & Prof. Code, 6200 et seq.) The trial court denied the petition, concluding it lacked jurisdiction because plaintiff had not timely served the petition to vacate within 100 days of service of the arbitration award as required by Code of Civil Procedure, section 1288.2. The Appellate Department disagreed, concluding that under Law Finance Group, LLC v. Key (2023) 14 Cal.5th 932, the failure to timely serve the petition to vacate was not jurisdictional, and plaintiff’s request for equitable relief should have been considered by the trial court. Plaintiff requested equitable relief from the untimely service of his petition based upon multiple and unsuccessful attempts of service, and also based on defendant having had actual notice of the action as evidenced by her opposition to the petition. The case was remanded to the trial court for it to take evidence and assess the three factors for equitable tolling of a statute of limitations: (1) timely notice to the opposing party, (2) lack of prejudice to the opposing party, and (3) reasonable and good faith conduct by the moving party. (Appellate Division of the Los Angeles Superior Court, October 6, 2023.) Attorney Fees Zarate v. McDaniel (2023) _ Cal.App.5th _ , 2023 WL 8182862: The Court of Appeal reversed the trial court’s order awarding plaintiffs $13,000 in attorney fees and costs after it concluded that defendant’s anti-SLAPP motion to strike plaintiffs’ complaint was frivolous. The Court of Appeal, however, reversed the attorney fee award because plaintiffs did not comply with Code of Civil Procedure section 128.5(f)’s safe harbor provision which required them to serve their sanction motion on defendant before it was filed with the court, and give defendant 21 days to correct or withdraw the challenged anti-SLAPP motion. Plaintiffs did not do this. Instead they waited to file their sanctions motion until after the court had denied the anti-SLAPP motion. Under these facts, Plaintiffs were not entitled to attorney fees and the trial court was directed to deny plaintiffs’ request for attorney fees and costs. (C.A. 2nd, November 27, 2023.) Snoeck v. Exak Time Innovations (2023) _ Cal.App.5th _ , 2023 WL 7014096: The Court of Appeal affirmed the trial court’s order awarding plaintiff $686,795.62 in attorney fees after plaintiff obtained a verdict, following a jury trial, of $130,088 in his disability discrimination action. Plaintiff requested an award of $2,089,272.50 in attorney fees. The trial court applied a .4 negative multiplier to its $1,144,659.36 adjusted lodestar calculation to account for plaintiff’s counsel’s lack of civility throughout the entire course of the litigation, awarding fees totaling $686,795.62. The Court of Appeal held that a trial court may consider an attorney’s pervasive incivility in determining the reasonableness of the requested fees, and may apply, in its discretion, a positive or negative multiplier to adjust the lodestar calculation (a reasonable rate times a reasonable number of hours) to account for various factors including attorney skill. The record in this case amply supported the trial court’s finding that plaintiff’s counsel was repeatedly, and apparently intentionally, uncivil to defense counsel, and to the court, throughout the litigation. (C.A. 2nd, filed October 2, 2023, published October 25, 2023.) Civil Procedure Vargas v. Gallizzi (2023) _ Cal.App.5th _ , 2023 WL 6781376: The Court of Appeal affirmed in part, and reversed in part, the trial court’s post-trial orders, following a jury trial in a personal injury case where the jury awarded plaintiffs $15,125 in damages. The trial court denied plaintiffs’ request for $350,000 in attorney fees and costs pursuant to Code of Civil Procedure section 2033.420 based on defendant’s failure to admit requests for admission regarding the medical records, a timeline of treatment, and causation, and awarded defendant $28,547.66 in costs pursuant to Code of Civil Procedure section 998. The Court of Appeal disagreed, concluding that the trial court erred by denying plaintiffs’ motion for expenses pursuant to section 2033.420. Code of Civil Procedure section 2033.420(a), provides expenses shall be awarded if the party requesting the admission “thereafter proves the genuineness of that document or the truth of that matter” and the statute contains no requirement the proof be made at trial. During a pretrial hearing the trial court ruled the medical records would be considered business records and plaintiffs therefore proved the matter. The trial court erred by finding plaintiffs were precluded from receiving cost-of-proof expenses because defendant, after the pre-trial ruling, had not disputed the medical records’ status as business records at trial. Having found plaintiffs proved the medical records were business records, section 2033.420 required expenses be awarded unless one of the exceptions was established. The Court of Appeal concluded that none were. Although plaintiffs’ counsel had failed to establish the medical records were business records in a prior trial, defendant had no reasonably held good faith belief she could prevail on the merits of the business records issue. The Court of Appeal affirmed the trial court’s award of costs to defendant section 998. The case was remanded for the trial court to determine the amount to which plaintiffs were entitled for proving the medical records were business records. (C.A. 2nd, October 13, 2023.) Employment Arce v. The Ensign Group, Inc. (2023) _ Cal.App.5th _ , 2023 WL 6890702: The Court of Appeal reversed the trial court’s order granting defendants’ motion for summary judgment in plaintiff’s action under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.). The trial court granted summary judgment concluding that plaintiff had not offered any competent proof that one or more cognizable Labor Code violations occurred during her employment in connection with her right to meal and rest periods. The Court of Appeal disagreed, holding that the trial court erred in granting summary judgment because defendants did not meet their initial burden of establishing plaintiff’s lack of standing. It was not enough for defendants to show that plaintiff had not been denied a meal or rest break during the year before she submitted her PAGA notice. They also needed to establish that plaintiff had been paid all outstanding meal and rest premiums—either before or after her termination. Defendants needed to provide evidence that either (1) plaintiff had never suffered a Labor Code violation, and thus, no premiums were due upon her termination, or (2) they paid all premiums at the time of the violations, so no additional monies were due plaintiff upon her termination. (C.A. 2nd, filed September 19, 2023, published October 19, 2023.) Landlord – Tenant Castaic Studios v. Wonderland Studios (2023) _ Cal.App.5th _ , 2023 WL 7592532: The Court of Appeal affirmed the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiff’s unlawful detainer action. Plaintiff and defendant entered into an agreement where plaintiff granted defendant the “exclusive right to use” certain areas of its commercial property. The agreement specified that it was a “license agreement,” as opposed to a lease, with plaintiff retaining legal possession and control of the premises. The agreement was to be governed by the contract laws and not by the landlord tenant laws. After defendant defaulted, plaintiff filed an unlawful detainer action seeking possession of the property. The trial court properly sustained defendant’s demurrer without leave to amend because plaintiff had waived its right to pursue the remedy of unlawful detainer. (C.A. 2nd, November 15, 2023.) Torts Brancati v. Cachuma Village, LLC (2023) _ Cal.App.5th _ , 2023 WL 6803375: The Court of Appeal reversed the trial court’s order granting defendant’s motion in limine to disqualify plaintiff’s medical expert in her action for personal injuries due to toxic mold exposure. The trial court granted defendant’s motion, concluding that plaintiff’s medical expert was not qualified to testify on whether toxic mold exposure was the medical causation of plaintiff’s illnesses. The Court of Appeal disagreed. Because the medical expert was qualified and his opinion was based on facts and a differential diagnosis, the trial court erred in excluding his expert opinion testimony. (C.A. 2nd, October 16, 2023.) Jones v. Regents of the University of California (2023) _ Cal.App.5th _ , 2023 WL 8229170: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiff’s action for personal injuries. Plaintiffs sued defendant after plaintiff Rose Jones (Rose), an employee of defendant, was injured while riding her bike on University grounds on her way home from work. The trial court properly granted the motion for summary judgment. Rose’s exclusive remedy was workers’ compensation because the “premises line” rule extended her course of employment until she left the University’s premises. (C.A. 4th, filed October 31, 2023, published November 28, 2023.) n

A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing to bring false advertising, false association and other claims against DNP, because it did not sustain concrete injuries due to DNP’s conduct. The case, pitting a traditional firm against an AI-driven legal service provider, raises questions about the role of artificial intelligence in the legal domain. DNP offers an online, subscription-based service that it claims will help consumers “fight corporations, beat bureaucracy and sue anyone at the press of a button.” It offers services related to marriage annulment, speeding ticket appeals, timeshare cancellation, breach of contract, defamation, copyright, child support, restraining orders, and trusts—as well as standardized legal documents. However, DNP is not licensed to practice law and does not employ licensed attorneys. Rather, it uses artificial intelligence to provide its services. MillerKing is a traditional law firm. In the lawsuit against DNP, it sought to bring a class action on behalf of “all law firms in the United States in existence during the Class Period,” with claims for: False Association under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), alleging that DNP made representations creating a false impression that it was affiliated with licensed attorneys and approved by the state bar; False Advertising under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), alleging that DNP falsely represented that its services were offered by a lawyer, which influenced the purchasing decisions of DNP’s customers; Violations of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510/1 et seq., alleging that DNP’s misleading statements misrepresented the affiliation, sponsorship, and quality of its services; and Unauthorized Practice of Law under the Illinois Attorney Act, 705 ILCS 205/1, and the Corporation Practice of Law Prohibition Act, 205 ILCS 220/1 and 705 ILCS 220/2. The case raises interesting questions about the nature of False Association and False Advertising claims under the Lanham Act. It also raised broader questions about how AI-driven services like DNP fit into the legal landscape, particularly when they operate in a manner similar to traditional legal services. Yet, the decision came down to a simple issue: Article III standing. As the opinion explained, Article III of the U.S. Constitution limits federal courts to resolving “cases” and “controversies,” meaning “actual and concrete disputes [that] … have direct consequences on the parties involved.” According to the court, the key is that the plaintiff must have a “personal stake” in the outcome of the suit. In particular, the plaintiff must establish that it suffered a concrete, particularized, and actual or imminent injury caused by the defendant that could be redressed by judicial relief. In the suit against DNP, MillerKing claimed to have injuries resulting from a “direct diversion of clients from [itself] to DNP” and “a lessening of the goodwill associated with [the firm] and [its] goods and services.” It further claimed that allowing DNP to practice law without the requisite experience, competence, and licensure would harm citizens in need of legal services, and also infringe the rights of law firms that employ licensed attorneys. The court found these arguments unpersuasive. It said that MillerKing “has not alleged any lost revenue or added expenditures as a result of DNP’s conduct, nor has it alleged that any client or prospective client has withheld business, has considered withholding business, or has even heard of DNP.” Further, the court found that MillerKing “has not presented facts to support its claim that DNP has hurt its reputation or lessened its goodwill.” While MillerKing claimed that DNP had provided poor customer service and caused adverse legal consequences for its customers, it didn’t show that such failures “were imputed to MillerKing specifically or lawyers generally.” The court dismissed the suit against DNP without prejudice, giving MillerKing an opportunity to amend its pleadings and try again. Regardless of how MillerKing chooses to proceed, the case has significant implications for the legal and tech industries: Regulatory Challenges. It highlights the need for regulations regarding AI in legal services, particularly with respect to consumer protection, ethical standards and the unauthorized practice of law. Competitive Landscape. Law firms must consider the growing competition from tech-driven legal service providers and the need to adapt to a changing marketplace. Technological Innovation and Legal Ethics. Balancing technological innovation with the ethical practice of law is a critical challenge, and this case serves as a reminder of the balance between embracing new technologies and adhering to the established legal framework. As AI continues to advance, the legal community must grapple with these emerging challenges, ensuring that innovation does not outpace the ethical and legal standards that define the profession and protect consumers.

From startups to multigenerational enterprises, there’s considerable opportunity for lawyers to serve small businesses—but little attention given to the demographic. Much of the legal press is concentrated on the largest corporations, but consider this: The average small business has 13 potential legal problems every year, and there are 33 million small businesses operating in the United States. Eighty-seven percent of those small businesses do not have in-house lawyers—meaning more than potentially 373 million matters could be outsourced to law firms every year. How can you best connect with and serve these potential clients? While we found no shortage of surveys on in-house counsel or individual consumers, we struggled to find reliable intelligence on how small businesses hire lawyers—so we created our own. Firesign conducted a survey of 100 small business owners and leaders to learn about their buying behavior when it comes to lawyers and law firms. In this article, we will look at how to reach small businesses before they have a specific legal need. Before a Legal Need It’s important to understand that small business operators are unlikely to engage with you before they need you. They are, after all, stressed and pressed: according to a survey by Entrepreneur, more than 40 percent of founders work more than 50 hours a week, and 41 percent feel stressed “pretty much every day,” with “never a dull moment.” They are not active consumers of legal news: Only 20 percent of respondents said they “frequently” educate themselves on legal issues, and 25 percent said they “never” do. They are unlikely to come to your conferences or webinars: Only 4 percent said they attend law firm educational events. So how do you reach them? Traditional media. Nearly half—46 percent—said they learn about legal developments through trade publications that cover their industry; the same percentage said they read the general business press. Law firm content. Thirty-seven percent will read law firm content on a law firm website or through direct communication, such as a client alert. By contrast, only 4 percent use legal news aggregators, showing these tools are best for targeting other lawyers, from in-house counsel to referral sources. Social media. About one-third—29 percent—look to platforms like LinkedIn to keep them abreast of relevant legal news. Interestingly, this order of preference is aligned with perceived reliability: Not only are news articles the most consumed, they are seen as the most trustworthy. Specifically, at 29 percent, trade media was seen as the most reliable news source. Law firm content followed at 26 percent Despite its popularity, content on general social media feeds was only viewed as reliable by 6 percent. We also asked small business respondents to provide any additional outlets they turned to for legal updates, and it’s worth noting that trade associations were mentioned multiple times. Key Takeaways: Marketing Before a Legal Need Do: Pursue quotes and bylined articles in the media, especially relevant trade publications. Post content on LinkedIn—and expect better circulation on lawyers’ personal posts versus the general firm account. Seek opportunities to share your expertise with trade associations, which enjoy high levels of small business trust. Explore opportunities to speak and write for them. Don’t: Assume small business operators are up to speed on relevant legal news. Provide context and recaps in your content. Rely on events to reach this demographic; they are too busy. Try to reach small business operators through legal news sites or syndicators. From Taxes to Torts There’s considerable opportunity for law firms to serve the nation’s 33 million small businesses, a demographic with the potential to generate upwards of 420 million legal matters each year. But this group doesn’t behave as consumers or corporations do, and their engagement varies depending on their buying stage. Firesign surveyed 100 small business owners and leaders to learn how they scout and select lawyers. In the first part of our series, we looked at how they interacted with lawyers and law firms before they had a specific legal need. In this installment, we’ll explore what happens after that need arises. When a problem (or opportunity) surfaces that merits lawyer involvement, where do small businesses turn? To their networks, by a wide margin: 63 percent of small business scouting lawyers will ask colleagues and friends for a referral, and 31 percent will ask another lawyer. These numbers absolutely dwarf other avenues; the next-highest response, “Searching for the relevant subject matter, i.e. ‘employment lawyer’,” was only used by 9 percent. It’s conventional wisdom, but a key point all the same: Small business clients are three to seven times more likely to seek lawyers by referrals than any other tactic. But they may not make their decisions based on referrals alone; in fact, a large number of small business operators conduct due diligence on the lawyer recommended to them. More than half (55 percent) review search results for the lawyer’s name; 44 percent review search results for the lawyer’s firm. And a note of caution: A not-insignificant amount (18 percent) review the lawyer’s social media profiles. With this in mind, schedule a quarterly review of your LinkedIn page: Is it complete, accurate and relevant to your audience? Does it provide your contact information? At the same time, review the privacy settings on more informal social channels, such as X, Instagram and Facebook, to ensure new acquaintances only see what you want them to. When it comes to establishing credibility with this audience, the most critical and trusted tool is the lawyer biography, used by 92 percent of small business operators in their selection process. Among the other valued tools: online reviews (83 percent) and law firm content (72 percent). It’s interesting to note the shifting role that law firm content plays as a small business moves along its legal buying journey. Before an incident occurs, recall that 37 percent of these clients will browse law firm content. After, law firm content is cited as helpful to lawyer selection by nearly double that amount. This should be taken into account for law firm marketing strategies; what topics and types of content can help you close? For these individuals—potential small business clients with a specific need, actively shopping for a solution—the best content is practical. Instead of publishing Supreme Court updates or broad explorations of a given subject, think pragmatically, and focus on what can help them understand the process. This can include Frequently Asked Questions, definitions of relevant legal terms, a list of documents a client would need to get started, or a general timeline. Assuming due diligence goes well, nearly half—46 percent—of small business operators will consider just one lawyer for their problem. And they act fast, with 60 percent hiring a lawyer within one week. Entrepreneurs move fast—and they want fast solutions to their problems. Law firms that are unresponsive or overly bureaucratic with Intake can risk losing this business to a faster, nimbler rival. What Marketing Strategies Can Help You Win the Business of Small Business? Cultivate strong referral networks (and practice good referral karma). Make sure referrals are a key component of any coaching or business development training curriculum. Be vigilant on your online profiles, from your biography to social media pages. Have a proactive strategy to collect positive reviews, and keep an eye on sites like Avvo to address negative reviews. Speed-test your intake process to ensure you match your prospects’ sense of urgency.

CALIFORNIA SUPREME COURT Employment Adolph v. Uber Technologies, Inc. (2023) _ Cal.5th _ , 2023 WL 4553702: The California Supreme Court ruled that where plaintiff has brought a PAGA action comprising individual and non-individual claims, an order compelling arbitration of the individual claims does not strip the plaintiff of standing as an aggrieved employee to litigate claims on behalf of other employees under PAGA. To have PAGA standing a plaintiff must be an “aggrieved employee”, someone (1) who was employed by the alleged violator and (2) against whom one or more of the alleged violations was committed. (July 17, 2023.) CALIFORNIA COURTS OF APPEAL Civil Procedure Braugh v. Dow (2023) _ Cal.App.5th _ , 2023 WL 4312617: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for relief from a default and default judgment in a partition action. Plaintiff, a lawyer, sued her former partner alleging several causes of action, including partition of real property they owned jointly. Plaintiff personally served defendant. Because she was a party, the service was not effective and the default and later default judgment were void. The trial court properly granted defendant’s motion to set aside the default and default judgment. (C.A. 2nd, July 3, 2023.) Park v. Nazari (2023) _ Cal.App.5th _ , 2023 WL 4729968: The Court of Appeal affirmed the trial court’s denial of defendants’ anti-SLAPP motion to strike (Code of Civil Procedure section 425.16) plaintiff’s complaint against defendants and their attorney for fraudulent transfer, quiet title, and declaratory relief. Defendants’ anti-SLAPP motion sought to strike the complaint in its entirety. During the motion hearing, defendants’ counsel suggested the trial court could strike some, but not all of the allegations in the complaint. The trial court properly denied defendants’ anti-SLAPP motion. Because defendants moved to strike only the entire complaint, and did not identify in their motion individual claims or allegations that should be stricken even if the entire complaint were not, the trial court was permitted to deny the anti-SLAPP motion once it concluded—correctly—that the complaint presented at least one claim that did not arise from anti-SLAPP protected conduct. (C.A. 2nd, July 25, 2023.) Employment Thai v. International Business Machines Corp. (2023) _ Cal.App.5th _ , 2023 WL 4443934: The Court of Appeal reversed the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiffs’ complaint alleging violation of California’s Private Attorneys General Act (PAGA; Labor Code § 2699 et seq.), section 2802(a) which requires an employer to reimburse an employee “for all necessary expenditures . . . incurred by the employee in direct consequence of the discharge of his or her duties.” Plaintiffs alleged that after Governor Newsom’s COVID-19 stay-at-home order defendant failed to reimburse plaintiffs for the expenses necessarily incurred to perform their work duties from home. The trial court sustained the demurrer, concluding that the Governor’s order was an intervening cause of the work-from-home expenses that absolved defendant of liability under section 2802. The Court of Appeal disagreed, concluding that the plain language of section 2802(a) flatly requires the employer to reimburse an employee for all expenses that are a “direct consequence of the discharge of [the employee’s] duties.” Under the statutory language, the obligation does not turn on whether the employer’s order was the proximate cause of the expenses; it turns on whether the expenses were actually due to performance of the employee’s duties. (C.A. 1st, July 11, 2023.) Torts Camacho v. JLG Industries (2023) _ Cal.App.5th _ , 2023 WL 4618687: The Court of Appeal reversed the trial court’s order granting defendant’s motion for directed verdict in plaintiffs’ action alleging strict products liability, failure to warn, and related claims against defendant after plaintiff Raul Camacho (Raul) fell out of a scissor lift manufactured by defendant when he was installing glass panels. During the jury trial plaintiffs alleged the scissor lift as designed with a chain across the entrance invited human error, and the foreseeable risk of harm could have been avoided if defendant had marketed only its alternative design with a self-closing gate, and also alleged there was a defective warning label on the lift. At the close of evidence, defendant moved for a directed verdict. The trial court granted the motion, ruling that in order to show causation plaintiffs needed to prove if the chain had been latched, the accident would have happened anyway. The Court of Appeal disagreed, finding that plaintiffs made a prima facie showing of causation. To overcome the directed verdict motion, plaintiffs only needed to make a prima facie showing that the scissor lift as designed with a chain was a substantial factor in causing Raul’s injuries, because the alternative design with the self-closing gate would have prevented his fall. Under a risk-benefit test, it would then be defendant’s burden to prove the benefits of the chain outweighed the risks. (C.A. 4th, July 19, 2023.) n

CALIFORNIA SUPREME COURT Employment Adolph v. Uber Technologies, Inc. (2023) _ Cal.5th _ , 2023 WL 4553702: The California Supreme Court ruled that where plaintiff has brought a PAGA action comprising individual and non-individual claims, an order compelling arbitration of the individual claims does not strip the plaintiff of standing as an aggrieved employee to litigate claims on behalf of other employees under PAGA. To have PAGA standing a plaintiff must be an “aggrieved employee”, someone (1) who was employed by the alleged violator and (2) against whom one or more of the alleged violations was committed. (July 17, 2023.) CALIFORNIA COURTS OF APPEAL Civil Procedure Braugh v. Dow (2023) _ Cal.App.5th _ , 2023 WL 4312617: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for relief from a default and default judgment in a partition action. Plaintiff, a lawyer, sued her former partner alleging several causes of action, including partition of real property they owned jointly. Plaintiff personally served defendant. Because she was a party, the service was not effective and the default and later default judgment were void. The trial court properly granted defendant’s motion to set aside the default and default judgment. (C.A. 2nd, July 3, 2023.) Park v. Nazari (2023) _ Cal.App.5th _ , 2023 WL 4729968: The Court of Appeal affirmed the trial court’s denial of defendants’ anti-SLAPP motion to strike (Code of Civil Procedure section 425.16) plaintiff’s complaint against defendants and their attorney for fraudulent transfer, quiet title, and declaratory relief. Defendants’ anti-SLAPP motion sought to strike the complaint in its entirety. During the motion hearing, defendants’ counsel suggested the trial court could strike some, but not all of the allegations in the complaint. The trial court properly denied defendants’ anti-SLAPP motion. Because defendants moved to strike only the entire complaint, and did not identify in their motion individual claims or allegations that should be stricken even if the entire complaint were not, the trial court was permitted to deny the anti-SLAPP motion once it concluded—correctly—that the complaint presented at least one claim that did not arise from anti-SLAPP protected conduct. (C.A. 2nd, July 25, 2023.) Employment Thai v. International Business Machines Corp. (2023) _ Cal.App.5th _ , 2023 WL 4443934: The Court of Appeal reversed the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiffs’ complaint alleging violation of California’s Private Attorneys General Act (PAGA; Labor Code § 2699 et seq.), section 2802(a) which requires an employer to reimburse an employee “for all necessary expenditures . . . incurred by the employee in direct consequence of the discharge of his or her duties.” Plaintiffs alleged that after Governor Newsom’s COVID-19 stay-at-home order defendant failed to reimburse plaintiffs for the expenses necessarily incurred to perform their work duties from home. The trial court sustained the demurrer, concluding that the Governor’s order was an intervening cause of the work-from-home expenses that absolved defendant of liability under section 2802. The Court of Appeal disagreed, concluding that the plain language of section 2802(a) flatly requires the employer to reimburse an employee for all expenses that are a “direct consequence of the discharge of [the employee’s] duties.” Under the statutory language, the obligation does not turn on whether the employer’s order was the proximate cause of the expenses; it turns on whether the expenses were actually due to performance of the employee’s duties. (C.A. 1st, July 11, 2023.) Torts Camacho v. JLG Industries (2023) _ Cal.App.5th _ , 2023 WL 4618687: The Court of Appeal reversed the trial court’s order granting defendant’s motion for directed verdict in plaintiffs’ action alleging strict products liability, failure to warn, and related claims against defendant after plaintiff Raul Camacho (Raul) fell out of a scissor lift manufactured by defendant when he was installing glass panels. During the jury trial plaintiffs alleged the scissor lift as designed with a chain across the entrance invited human error, and the foreseeable risk of harm could have been avoided if defendant had marketed only its alternative design with a self-closing gate, and also alleged there was a defective warning label on the lift. At the close of evidence, defendant moved for a directed verdict. The trial court granted the motion, ruling that in order to show causation plaintiffs needed to prove if the chain had been latched, the accident would have happened anyway. The Court of Appeal disagreed, finding that plaintiffs made a prima facie showing of causation. To overcome the directed verdict motion, plaintiffs only needed to make a prima facie showing that the scissor lift as designed with a chain was a substantial factor in causing Raul’s injuries, because the alternative design with the self-closing gate would have prevented his fall. Under a risk-benefit test, it would then be defendant’s burden to prove the benefits of the chain outweighed the risks. (C.A. 4th, July 19, 2023.) n

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the Great Resignation” in January 2021. And a year ago at this time, “quiet quitting” wasn’t on anyone’s radar. Despite the ever-present uncertainty, we asked our firm’s thought leaders to develop their best predictions for the coming year. You can read our entire FP Workplace Law 2023 Forecast online, or you can dive into this Insight for our top 10 predictions as pulled from our report. 1. Overtime Regulations Will Be Released Now that midterm elections are in the rearview mirror, the DOL will soon take up the “overtime” regulations and try to increase the salary threshold for exempt employees from the current rate of $684 a week to somewhere around $900-$1,000 a week. The DOL did not reveal its proposal as expected in April 2022—perhaps due to concerns about inflation and how the change would impact small and midsize businesses—but we expect this to be back on the table by early 2023. You can read more about how to prepare for this impending change here. 2. Big Shift in Labor Relations The introduction of a proposed labor-friendly joint employer rule and an NLRB ruling requiring continuity of dues checkoff after contract expiration was just the beginning. The last month of 2022 saw a bevy of new announcements from the Board further tilting the landscape in labor’s favor—expect this trend to continue well into the new year. The Board is preparing to implement some major policy shifts by reexamining workplace civility rules, prohibiting mandatory employee education meetings during union organizing drives, expanding the definition of ‘employee’ to capture more workers currently classified as independent contractors, and allowing union organizers to access/use an employer’s email system. 3. Expect to be Inspected by OSHA The federal workplace safety agency took things to the next level in 2022, and we expect even bigger things from them in the new year. Late in 2022, for example, it decided to cast a wider net to include even more workplaces in its enhanced inspection program known as the “Severe Violator Enforcement Program” or SVEP—bad news for employers that don’t prioritize workplace safety in 2023. Meanwhile, the odds of OSHA inspecting your workplace in 2023 are higher than ever. And when it does, anticipate that it will issue administrative subpoenas, both to produce documents and provide testimony. Remember that federal OSHA can’t enforce its own subpoenas and instead must file a lawsuit in federal court to do so. So be ready and willing to object if the subpoenas are broad or otherwise improper. 4. A Relaxed I-9 Rule, Once and For All The recent extension of relaxed I-9 rules allowing employers to remotely review employment documents aligns with DHS efforts to kick start the rule-making process for a permanent protocol. We see the latest extension as more proof that DHS is dedicated to creating a permanent remote document examination rule. 5. New Consumer Privacy Legislation is on the Horizon We expect to see more momentum to pass the American Data Privacy and Protection Act—which may cause some states to halt their efforts to pass new state-specific consumer privacy bills as they wait to see if a federal mandate takes hold. In the meantime, more localized and specific privacy regulations will proliferate, including those related to biometric data, employee monitoring, and AI technology. 6. A New Dawn for Employee Defection Laws We’ll see additional states consider new laws restricting the use of non-compete restrictions—especially those that trend blue (which have seen the majority of the anti-enforcement statutes). Now that Republicans have taken back the House, the chances of a federal restrictive covenant statute passing Congress have dimmed dramatically—pushing the Biden White House to use the administrative state to accomplish its policy aims in this area. As part of that, the FTC will continue to focus on what it deems to be the overuse of non-compete restrictions, especially on an industry-specific basis. 7. Increased Workplace Safety Penalties for Violations We expect the agency to announce an initiative to require all state-run OSHA plans to increase their penalties to the same level as federal OSHA. This will come as quite a surprise to employers in states that have grown used to a local discount—and will lead to intense litigation and sparring over the size of penalties when workplace accidents occur. 8. Decline in Hiring will Shape Background Screening Trends We expect some trends from 2023 to continue, but the hiring frenzy of 2022 will subside. Employers will become increasingly more selective when assessing candidates. When it comes to disputes over background screening procedures, we expect plaintiffs’ lawyers to continue pushing novel theories as the low-hanging fruit dries up. Rather than abandoning FCRA claims—and the potential for lucrative attorneys’ fees awards—they will likely focus on other components of FCRA disclosure, attack the validity of FCRA authorizations, and challenge the electronic display of otherwise compliant disclosures. 9. Expect Increased Attention on Reporting ESG Employment Data Government regulators and private stakeholders will put more pressure on organizations to ramp up their Environmental, Social, and Governance (ESG) reporting. Employers will be increasingly expected to perform equity audits, provide information on executive compensation packages, develop DEI programs, and report the results to shareholders and the public. Moreover, the SEC recently proposed a rule that would require public companies to disclose information about climate risks and greenhouse gas emissions. If the agency moves forward as planned, the rule will take effect in 2023 for certain large companies—so the time to prepare is now. 10. Jobs Will Go Abroad While immigration might help with supplementing the workforce, an uptick in demand for workers coupled with inflation at a 40-year high will result in companies looking abroad to find talent and keep costs down. Many companies adopted new technology during the COVID-19 pandemic and moved to remote and hybrid work arrangements—which will make it easier to look for overseas solutions. Additionally, the current strength of the U.S. dollar may increase employers’ interest in exporting jobs.

Businesspeople learn early in their careers the importance of a firm handshake and making eye contact when meeting other businesspeople for the first time. Both the handshake and eye contact are examples of how nonverbal communication contributes to first impressions. Murray Johannsen, in an article titled “Nonverbal Communication,” appearing in Legacee online, describes the subtlety of handshakes: “The example from the American culture is the amount of pressure one exerts on the other person’s hand during a handshake. One puts a certain amount of pressure into the handshake, and it should be neither too much nor too little. Another aspect of this is, when grasping another’s hand, the web of your hand intersects the web of their hand.” If a handshake can communicate so much, that’s indicative of the need to pay attention to all areas of nonverbal communication. The question then becomes: How do you improve your nonverbal communication skills as you listen to and speak with others? Step 1: Watch Yourself ... and Others. When communicating, focus on the use of your body. The goal is to increase the expressive nature of your body, when appropriate, without being overdramatic. Be aware that gestures are often more useful with groups, such as in meetings and presentations. If a person’s words fail to match his or her nonverbal cues, it’s best to trust the nonverbal messages. Listen with your eyes. In most cases, the nonverbal message is more accurate. Step 2: Maintain Eye Contact. Eye contact is crucial when speaking with anyone, particularly coworkers, superiors, or direct reports. It promotes trust and understanding. Try to increase eye contact when speaking with others, and see if they’re making and maintaining eye contact with you. If someone avoids eye contact, you’ll likely sense the person’s discomfort or dishonesty. You can ease another’s discomfort by asking questions that enhance communication. Step 3: Work on Your Posture. Your mother emphasized the need to stand up straight and avoid slouching in your chair. As it turns out, Mom was giving you your first lesson in nonverbal communication. Posture is a nonverbal indicator of confidence level. A gesture conveys a message by using one part of the body, whereas a postural shift involves the movement of the body as a whole. A closed posture (folded arms and crossed legs) indicates a closed personality and a lack of confidence. Open posture (arms spread in a relaxed manner) is a much more confident pose. Posture should also be in sync with conversations so you avoid sending mixed messages. When you’re sitting behind your desk or at a meeting table, sit up straight. Don’t slump; it conveys disinterest and inattention. Leaning back, or rocking back and forth in your chair, tells others you’re bored. In contrast, leaning forward in your chair when listening to someone speak demonstrates active interest in both the person and conversation. Step 4: Straighten Your Desk. A sloppy desk or office sends the message that you’re disorganized and careless. Messy desks may be a symptom of a larger problem such as inefficiency, which stems from an inability to find files or other important papers. Disorganization creates stress and limits productivity. Instead of creating vertical piles on your desk, rely on to-do files that can be stored inside a drawer. Step 5: Read Your Audience. If you’re making a presentation, be aware of your audience’s nonverbal communication. As your presentation progresses, watch for signs of slouching, yawning, or dozing off; this means you’ve lost their attention. If, on the other hand, the group is energized and interested, participants’ body language may convey that they want you to ask for their thoughts and input. Learning to read a group’s mood enhances your abilities as both a speaker and manager. Step 6: Listen to Your Voice. Paralanguage, or paralinguistics, involves the various fluctuations in one’s voice, such as tone, pitch, rhythm, inflection, and volume. These cues can have a powerful effect on communication. A loud or very forceful tone, for example, may convey a stronger and more serious message, as compared to softer tones. Sarcasm can also cause problems in the workplace. A manager’s sarcastic tone creates stress because his tone (joking) is meant to contradict his words (hurtful or biting). Step 7: Question Yourself. Throughout the day, monitor your progress. Ask yourself the following questions about your performance: How was I perceived at the meeting? Could I have done something differently? Were people really interested and paying attention to what I was saying? Did I listen well to others? As you answer these questions, your self-awareness will increase. None of these six steps can be taken for granted. True, some people are more aware of slight distinctions of nonverbal communications than others, but everybody can learn to use the six steps and thereby make dramatic improvements in their ability to communicate effectively with others. 

Regardless of whether you’re the managing partner of a firm with dozens of attorneys and support staff, or you’re a solo practitioner, relying on the assistance of a skilled paralegal, a legal secretary, and other assistants, there’s no getting around the fact that your firm needs to be prepared to handle employment issues. Fortunately, if you follow these six suggested tips for minimizing employee problems in your law practice, you can likely save yourself a great deal of time and frustration if and when an employment problem arises. Update Your Employee Handbook At Least Once Every Two Years Law firms of all sizes would be wise to make sure that their employee handbook is updated at a minimum of once every two years. This will reduce liability by clearly outlining the firm’s vacation payout policy, the employee complaint process, disaster recovery plans and policies on how workplace violence and/or harassment will be handled. In addition, your firm’s employee handbook must include code of conduct requirements, which should cover topics including dress code, code of ethics, safety, and attendance policies. In addition, your firm’s communications policy needs to address the proper usage and storage of mail/emails, text messages, and address any social media related restrictions. And of course, law firms of any size must address nondiscrimination policies, employment and termination policies, and include an acknowledgment letter. It’s important to provide all employees with a copy of any revisions to the employee handbook as they are implemented. Likewise, a new letter of acknowledgment of receipt of revisions to the handbook should be distributed and signed by all employees. Maintain Proper Documents When you find yourself in the undesirable position of having to terminate an employee, you’ll find that the process is far less anxiety inducing if you’ve kept proper documentation of their performance. All violations of the firm’s code of conduct or other policies must be addressed and documented, so as to protect your firm from a lawsuit later on. For example, when evaluating performance or taking disciplinary action, make sure that the meeting is documented with the dates and times of the incidents. Suggestions for improvements to be made in the future should also be provided for the employee facing disciplinary action. In addition, be sure to record the names, dates, and times of all who are in attendance when addressing the violation(s) with an employee. At the conclusion of any meeting regarding firm policy violations, be sure to have the employee sign an acknowledgment that they have received warning of the violation, understand the future disciplinary actions that may be taken if the problem is not corrected, and understand how to not make the same mistake again. Safely Store All Employee Records An I-9 is the absolute bare minimum of what needs to be safely stored for each firm employee. Savvy firms will also retain a copy of the employee’s resume, any background check results, any confidentiality agreements, and a copy of the acknowledgment of receipt of the firm handbook, along with items such as the offer letter presented, and the W-4. A second file for each employee ought to be created and maintained, which will include all health and welfare-related benefits information which may be protected under HIPAA privacy laws. This safely stored file ought to include items such as insurance benefit forms, drug screening consent forms and results, physician’s notes, and/or any personal or family leave information. In addition to keeping all personal information safe and secure, it’s smart to schedule an annual audit of your own files to ensure that all pertinent information is where it ought to be, and that it is safely and privately protected. Spend More Time Screening Employees An ounce of prevention is definitely worth a pound of cure when it comes to hiring new receptionists, legal secretaries, office managers, paralegals, law clerks and of course, attorneys. Discrepancies often exist between what potential employees report on resumes and cover letters, and what can be verified by their previous employers. In addition to a job history verification, you’re going to want to conduct an education verification, criminal background check, fraud detection, and a National Sex Offender Registry check. Because of the time commitment required to thoroughly pre-screen employees, it’s not surprising that many firms opt to outsource this process, including drug screening, background checks and more to companies who provide this service. If you choose to pre-screen employees on your own, be prepared for it to take time, but it’s worth every minute you spend upfront, to avoid the time and expense of terminating, and having to start the process over again with a new candidate. Focus on Onboarding Training Studies have shown that employee turnover costs employers much more than an employee’s annual salary. The time spent training only to have an employee leave, followed by finding another candidate is incredibly costly in terms of time and money. Onboarding training aims to reduce turnover. In its simplest form, onboarding refers to the process of acclimating and welcoming new members to your firm, by providing them with resources, tools, and the knowledge they need to be successful and productive members of your firm. In order to create a firm culture that matches with your vision, it’s smart to formalize an onboarding training program, so that new employees understand overall goals and vision for the firm. Be Careful with Classification of Employees Any slip-up with the classification of employees can wind up costing your firm a lot of money. You need to familiarize yourself with the differences between a non-exempt employee, an overtime exempt employee, and any independent contractors, including contract attorneys. The Fair Labor and Standards Act (FLSA) governs classification issues, while the United States Department of Labor Wage and Hour Division provides guidance on the FLSA. Visit www.dol.gov for more information. If being responsible for hiring, training, and classifying employees all seems like way more work than you signed up for when launching your firm, rest assured you’re not alone. As the head of a firm of any size, you’ll ultimately be responsible for the success and safety of your practice. But that doesn’t mean that you have to personally address all of the HR and employment issues facing your firm on your own. It is a misconception that Professional Employer Organizations (also called PEOs) are only available to large firms. On the contrary, firms ranging in size from 5-150 employees are actually perfect candidates for engaging the services of a PEO, because the firm will receive the “big firm benefit packages” which help to recruit and retain top talent. They also reduce many of the employer liabilities that your firm may currently have. Indeed, by offloading these responsibilities to companies who handle employment matters and HR issues each and every day, you can focus on what you do best—passionately advocating on behalf of your clients, so that your firm can continue to flourish.

Face it: anxiety is a part of your life. As lawyers, we are constantly pressured to deliver results for our boss, opposing counsel, the court, and most importantly, our clients. Regardless of what can be controlled, we are expected to foresee what could go wrong with every correspondence, motion, hearing, email, settlement agreement, and contract. It is no wonder that so many lawyers suffer from anxiety, among other illnesses. For most lawyers, anxiety is just another facet of life. In our do more culture, this means billing as many 0.1 increments as possible. Often, we do not realize how much stress we are under until we go on vacation—assuming we left our computers and phones behind. Despite the prevalence of anxiety among lawyers, we rarely discuss healthy ways of managing it. To learn more about anxiety, I reached out to Joe Gilbert, a Licensed Professional Counselor in Raleigh, NC. Gilbert says: Our brains are hardwired to scan our environment for potential threats. This served a purpose when our cavemen/cavewomen ancestors faced legitimate threats of starvation, attack by another tribe, or being an appetizer to a large animal. “Fight or flight” was necessary to stay alive. Thinking about anxiety as an evolutionary response is helpful, as we often try to understand our anxiety from a logical place. According to Gilbert: Most of us don’t face matters of life or death on a regular basis, [yet our] brain still tries to justify why we are feeling anxious. We may wake up feeling restless, irritable, or worried, and then our brain tells us “there must be a reason for this!” and works hard to find an answer to justify these feelings. In our culture of “knowing,” we believe that if we can find the logical answer, then we’ll feel better. Unfortunately, logic and analytics don’t always apply to human behavior. Often, stress and anxiety fuels our motivation and drive. As a caffeine fueled insomniac, I was certainly no exception. I would suffer from stomachaches starting on Sunday evening, which mysteriously subsided in time for Friday happy hour. However, I did not see this as a problem, as many lawyers I knew also lived this way. Our anxiety gives us a feeling of purpose and meaning; after all, the work must be important if it is making us miserable. After nearly a decade of living with persistent anxiety, I finally took action, and found healthier ways of working with anxiety. I started practicing mindfulness and meditation daily, and went through cognitive behavior therapy. What I know now is that debilitating anxiety does not have to be a part of law practice. Tips for Healthy Ways of Relating to Anxiety Breathe. Breathe. And Breathe: This is Gilbert’s first piece of advice, and has consistently worked for me. Our breath is a gift that is always under our nose. It is an anchor in stressful situations, and reminds us that we are living beings, not machines that are supposed to run perfectly. Reciting a mantra or prayer can help as well. Two of Gilbert’s favorites are: “This too shall pass” and “Easy does it.” Smile: Smiling loosens up the facial muscles and helps us relax. Focus on where the tension is in your body. Many of us carry anxiety in our forehead, throat, shoulders, chest, abdomen, and hands. If we can relax those parts of our body, it might help relax our mind as well. Honesty: One of the most powerful—and paradoxical—tools we have at our disposal is being honest, and naming what we feel. A surefire way to diffuse anxiety is to name it. Change Your Behavior: Gilbert offers the following mantra to his clients suffering from anxiety, “Move a muscle, change a thought.” If you are having an anxious thought, chances are that further rumination is unnecessary. Go for a walk or a run. Talk to a friend. Pick up a pen and journal. Toughing it out or fighting through anxiety may be a way to avoid the underlying issue. He encourages people to “put down the boxing gloves, and learn to dance with anxiety.” Write Your Worries: Slow your thoughts down to the speed of writing by journaling (with pen and paper, not on a computer). Ask for help, even though this can be hard. Talk with a trusted friend. Everybody experiences anxiety, even if they have a different word or definition for it. Good vs. Bad: According to Gilbert, labeling anxiety as bad can actually make it worse. In the field of mental health, there is a saying that may help explain this: “It’s not important how you feel, but how you feel about the way that you feel.” So when I feel anxious do I add a layer of judgment to this feeling? Am I mad at myself for feeling anxious? Do I believe I shouldn’t feel anxious? Rather than thinking about anxiety in terms of “good vs. bad,” I suggest focusing on healthy or unhealthy ways of relating to our inevitable anxiety. Back to Basics: It is important to maintain adequate sleep (typically 8 hours a night), exercise regularly, eat healthy foods, drink plenty of water, and cut out vices such as sugar and tobacco. Try meditation, yoga, or another form of mind-body awareness practice. Knowing When to Get Help How do you know when it is time to get help for your anxiety? “If you’ve been using the tools mentioned above for 90 days, and you still feel that anxiety is causing significant problems in your life domains [family, work, social, physical], seek professional help,” says Gilbert. I was not aware of how anxious I was until I learned to stop living with it. Today, I feel grounded, happier, and at ease. It was not an easy process. Having spent over a decade with anxiety, it was a part of my life and identity. However, the payoff from getting help was immense. I no longer suffer from insomnia, headaches, backaches, or stomachaches. Additionally, I am a better lawyer because I can stay calm and present in difficult situations. Start addressing your own anxiety with these tips from Dr. Gilbert, and seek help if you need to.

Driving client engagement is important. With demand for services remaining almost flat, firms are grabbing share of wallet from one another. Not sure what to ask clients? How to build long-lasting trusted advisor relationships? First, let’s take a look at the stages of relationships law firms have with clients. Study after study among law firm industry clients shows that, for the most part, they are ambivalent about their outside counsel. That’s not to say they don’t like the relationship with lawyer(s); it’s more to say that given a solid value proposition for changing counsel, some would make the switch. There is some need-to-know information to ensure the firm is retaining and growing long-lasting relationships with clients. If relationship partners don’t have the answers to these questions, then it’s time to get them packing to go visit clients, add value, and build revenue growth opportunities. Clients not only expect these proactive visits (preferably in person but, at the very least, virtually), they will slowly distribute work to those firms that show they care. There are two sets of helpful questions to make quick—but significant and necessary—work of advancing this aim. The purpose of the first set of questions is to proactively plan with the client by meeting once or twice a year. This alone will, by far, set a firm apart from its competitors. And, based on the responses, it allows the lawyers to anticipate related legal needs. ‘Legal planning’ is how we describe this. We all know these check-ins with clients are important. Make it a strategic priority of the firm and have partners report back on results. Client Retention and Growth Questions (Especially Important for Client Team Planning)  Please describe the company’s goals and objectives for the next 12 months. What are the company’s top three priorities this year? What potential challenges does the company face? Where do you see the business going in one, three, or five years? What growth opportunities do you foresee in the future? What are the greatest challenges you are facing in the legal department? What’s currently working in the legal department? What’s not? What are the best ways in which outside counsel may help you achieve your goals? Client Service Interview Questions Value How do you determine value received relative to professional fees? Regarding value, how does our firm compare to other similar law firms? As you consider all your service providers, what separates one from another? How do you manage your legal costs in terms of overall fees? Hours, rates, etc. Can you think of any services that we might offer that we don’t offer currently? What changes, if any, would you suggest? Outstanding Service When you think of “outstanding client service,” what comes to mind? How would you describe “quality service?” What should we stop/start/continue doing? What else can we do to make your efforts more successful? Understanding Your Business What does “understand my business” mean to you? How would you evaluate our understanding of your business? What level of understanding do you expect from your outside counsel? Can you suggest ways for us to better understand your business? Over the next year, what changes or challenges may impact your business and what you want or need from us? Are there any other business needs that we might address for you? Relationship How would you describe the relationship with our firm? In your relationship with our firm, what specifically impressed or disappointed you? What are the most important elements of a professional relationship to you? In general, what characteristics do you value regarding the attorneys on our team? In what specific areas could we improve? How likely are you to recommend our firm to others? To protect the firm’s client base, begin to incorporate client retention and growth plans into the firm’s strategy and discuss these strategic initiatives and progress at quarterly firm meetings. Invite clients to spread the word and provide additional thought leadership.

We recently asked the Baker Donelson community to share “one tip or piece of advice on how to create meaningful mentorships.” 1. “I had the good fortune as a senior associate and young shareholder to work closely with John Tomasso, General Counsel of our client, Rexel, Inc. Rexel had bought electrical supply distributors across the United States, and John was tasked with piecing it all together from a legal standpoint. John entrusted me with a great deal of responsibility for the employment law compliance in that regard. We worked together to prepare a multistate employee handbook and to resolve various employment disputes and litigation across the country. Along the way, John gave me feedback and helped me understand his role and how what we were doing related to the inner workings of the company. Thanks to John, I learned to understand the general counsel role and the challenges and pressures associated with it. I also learned how to be a better advisor and problem solver. To be blunt, John is one of the most influential and impactful people in my entire legal career. His advice, feedback, and trust were critical in developing me as a trusted advisor on significant matters for a large, indeed international, company. We worked together for many years and accomplished a great deal, for which I am still very proud. I cannot thank him enough for all that he did for me.” —Russell W. Gray, Shareholder, Baker Donelson 2. “We’ve all heard that you get out of something what you put into it. This is especially true for a mentor/mentee relationship. Both parties must be willing to commit to ‘doing the work,’ it simply will not work if only one person is invested. True successful mentorships that I’ve been a part of or witnessed have two active and engaged participants, two parties seeking to learn from and lean on each other. I have been blessed by a very strong mentor who has unselfishly shared his time, guidance, and support throughout the years, and I would not be where I am today without him. As our mentorship has grown, because we both continue to be invested, it is now more of a two-way street, and we lean on each other for advice and support. In my opinion, this is the only true way to succeed. Relationships are vital to our success, and that success is rarely, if ever, a solo effort. I try to focus on billable work during the week and non-billable work on the weekends. I am also trying to do better at what I say ‘No’ and ‘Yes’ to; making sure I am saying ‘Yes’ to the important things in life.” —Whitney M. Dowdy, Shareholder, Baker Donelson 3. “One of the most important things I learned from my mentor, Darlene Davis (now Managing Director at SMBC Leasing and Finance, Inc.), is that effective mentoring is a 360-degree process. Teaching technical skills is important, but it is equally important to expose mentees to all aspects of being a Trusted Advisor. As a result, I introduce my mentees to a variety of tasks, including attending structuring conference calls with clients, listening to negotiations with opposing counsel, learning how we produce fee estimates, understanding the billing process, and attending in-person business development activities.” —Kevin P. LaTullip Jr., Shareholder, Baker Donelson 4. “Sometimes I put so much pressure on formal mentorship and programming that I forget to appreciate the value of all the little nuggets our mentors can organically pass on every day. Firm shareholder Michaela Poizner went from being my associate mentor when I was a summer associate to being my shareholder mentor early in my career to now being my practice group leader, and the value and knowledge I’ve gotten simply from watching her progress and tips along the way, has been invaluable!” —Tenia L. Clayton, Associate, Baker Donelson 5. “I am supposed to provide one tip, but I really have two that I believe ultimately define whether a mentorship is successful. First, it is absolutely critical that both the mentor and the mentee take ownership over all aspects. Yes, the mentor has more experience to share, but a good mentee is not a passive part of that relationship. A successful mentorship requires that both the mentor and mentee view it as a commitment to a common goal in which they both are ready to commit time and energy. Second, we are all busy, and I have found that once a regular cadence of meetings falls off the schedule, it is difficult to put it back on. So, at the conclusion of every mentorship session, I have found it helpful to schedule the next session, on the spot, at that moment. Invariably, a loose commitment to circle back up in a month turns into two or three months. But, if both the mentor and mentee get the next meeting on the calendar at that moment, it is more likely to hold, and they can keep a regular pace of development” —Steven F. Griffith Jr., Shareholder, Baker Donelson 6. “My advice would be to make a regular, recurring appointment to meet. You may dread it, you may not be prepared for it, you may not have time for it, but, in my experience, the best way to make the arrangement work—either as a mentee or a mentor—is to meet regularly, even if only for a few minutes.” —Blair B. Evans, Shareholder, Baker Donelson 7. “My piece of advice is that both parties be authentic and open to learning from each other. The relationship does not need to be perfect, but everyone must make an effort for the relationship to be successful. Do not be afraid of being uncomfortable and ask thoughtful questions.” —Mark A. Baugh, Chief Diversity and Inclusion Officer, Baker Donelson 8. “The best mentorship advice I have is to be intentional about setting a recurring meeting. The best mentor/mentee relationship I have involved scheduling a weekly 15-minute ‘coffee break’ on my calendar with my mentee. They happened to be in my same office, so we would grab a cup of coffee and sit in one of our offices to discuss what was working well, what could be improved, opportunities I could provide, and obstacles I could help remove. The intentionality of a recurring time to sit and talk, albeit for a brief time, paid dividends over the long term as that individual was the best associate who ever worked with me.” —Timothy M. Lupinacci, Chairman and CEO, Baker Donelson 9. “I really like this quote from Oprah Winfrey that I wish I could claim for myself: ‘A mentor is someone who helps you see the hope inside yourself.’ But to answer your question about how to create meaningful mentorships: The greatest gift you can give is to listen with your full focus, your full presence, and your full attention.” —Dr. Mindy Howard, Cosmic Girls Foundation 10. “I’ve been in-house for 13+ years, so my perspective may be different than someone seeking a mentor specifically at their firm. However, here is what I have learned: (1) it’s worthwhile to consider that the best mentor for you may not be at your firm, or company, or may not even be a lawyer! I’d encourage seeking out someone whose career, leadership style, executive presence, or community relationships you admire, even if that person and their role is radically different from you. The best mentor to help you reach your goals, whatever they may be, could be an outside-the-box person. (2) I’ll take what others have said a bit further: I suggest that mentor and mentee define at the beginning of the relationship (or beginning of each year or other increment of time) a joint expectation, or “KPI” for the relationship. What is the ultimate goal of the mentorship, or the goal for this year/quarter? What does a successful outcome look like? For example, is it the ability to handle more matters for the mentor? Is the goal for the mentee to be ready for a non-profit board membership? Perhaps it’s a general learning experience that will evolve as time goes on. The point is, that having a joint KPI or agreement on the goal(s) can help keep the relationship on track even when we get busy!­” —Katherine Knight, VP, Chief Legal Officer, HR & Corporate Governance at Mitsubishi Motors North America, Inc. 11. “In my experience, one of the most helpful things a mentor can do is to introduce the mentee to others within the organization or field to help the mentee build their professional network and resources.” —Anna Long-Humphrey, General Counsel, DCI Donor Services, Inc. 12. “In my experience, the strongest mentors in my life have been those whom I connected with on both a professional and personal level. Having someone whom you feel truly supports your growth and development but also cares about your well-being, is absolutely invaluable as a woman in the legal profession­.” —Katie Martin, VP Operations Legal Counsel, Trilogy Health Services 13. “For both parties in the mentoring pair, it is critical to understand the answer to three questions: 1) What is her passion; 2) How does she want to grow: and 3) How does she want to be recognized? It’s impossible to have a successful relationship without understanding deeply what motivates your mentoring partner. And don’t overlook partnering with someone you consider to be at the same stage in their career so that you are equally mentor and mentee in the relationship—that type of mentoring relationship can hold you accountable in very honest ways.” —Christy Tosh Crider, Chair, Baker Women

Succession planning is a crucial aspect of the legal profession. As lawyers, we devote our careers to serving clients and providing expert legal counsel. However, it is equally important to plan for the future and to ensure a smooth transition for our clients and law practices when either the time comes to pass the baton or in the unexpected situation when we are no longer able to continue practicing law due to incapacity or death. Law firm succession planning is particularly important for solo or small firms to ensure a smooth transition of the lawyer’s practice in the wake of an unexpected circumstance. It is hard to believe, much less think about the possibility, that we might be involved in a life event that renders us incapable of practicing law whether for a period of time or permanently. Examples of these types of unexpected life events include loss or suspension of your law license, the onset of a life-threatening illness, suffering a disability that makes the practice of law impossible, involvement in an accident that results in temporary or permanent incapacity, a family emergency that requires an extended leave of absence, or the sudden loss of life. Unfortunately, these events happen, and we as lawyers need to make sure we have a solid succession plan in place just in case. Recently, our firm was contacted by a woman who called in a panic. She was the daughter of a lawyer who slipped, fell, and hit his head, rendering him incapable of practicing law. She was desperately reaching out to us as she did not know what to do with his law practice. She had researched other resources online, but none of those resources provided her with the assistance or detailed plan she needed to wind down and close her father’s law practice properly. Family members are often lost in this regard when an unexpected event or loss occurs, and they are unsure how to navigate this process. That is why it is so important to have a detailed succession plan in place to guide those we love and care about through the process of winding down and closing our law practice in the event of a catastrophic event. Without a succession plan, family members must figure out how to navigate the process or they must hire someone at great expense to help them through the process. Succession planning now for the future is important for many reasons. Among those reasons are protecting client interests, preserving your firm’s reputation, identifying and developing future leaders in your firm, creating financial stability and ensuring business continuity. Furthermore, proper planning helps minimize legal and ethical risks that can expose you to potential bar grievances and/or legal malpractice claims being filed against you. Moreover, proper planning ensures a smooth transition for your clients, your employees and your family. Protecting Client Interests One of the primary reasons why succession planning is essential for lawyers is to safeguard the interests of our clients. It is important to remember that just because we suffer an unexpected life event that results in our incapacity or death, our duties and obligations to our clients survive that incapacity or death. Incapacity or death is not an excuse. Clients rely on us for legal guidance and support, often entrusting us with highly sensitive information. By having a succession plan in place, we can ensure that our clients’ needs will continue to be met even in our absence. A well-executed plan will minimize disruptions, maintain the continuity of client relationships and ensure that the deadlines in their cases continue to be met in your absence. Preserving the Firm’s Reputation Law firms build their reputation over years of dedicated service, sound advice and successful outcomes. Without proper succession planning, a lawyer’s incapacity, departure, or retirement may leave a void that can impact the firm’s reputation and credibility. Succession planning allows firms to maintain their established brand and reputation by seamlessly transitioning responsibilities to capable successors. This ensures that the firm’s legacy and goodwill are preserved. Identifying and Developing Future Leaders For multi-lawyer firms, succession planning provides an opportunity to identify and develop future leaders within the firm. By assessing the skills, expertise and potential of junior attorneys, firms can strategically groom them for leadership roles. This process involves mentoring, training, and gradually increasing responsibilities, allowing the successors to acquire the necessary experience and knowledge to lead the firm effectively upon the incapacity or death of older members. Financial Stability and Business Continuity A well-designed succession plan helps to ensure the financial stability and continuity of the law practice. It allows for a smooth transition of ownership and management, minimizing the risk of business disruption. A comprehensive plan may include provisions for the transfer of client files, management of ongoing cases, and the handling of financial matters. By addressing these aspects proactively, lawyers can protect their own financial interests, provide for future cash flow, and preserve the long-term viability of their practice. Minimizing Legal and Ethical Risks Without a clear succession plan, lawyers will find themselves facing financial, legal and ethical challenges. In the absence of proper guidance, clients’ cases may be mishandled, deadlines missed, or confidential information compromised. This can lead to malpractice claims, ethical violations and reputational damage which will survive the lawyer’s incapacity or death. By implementing a well-structured succession plan, lawyers can mitigate these risks and ensure that their professional obligations are fulfilled, even after their departure. Each of these reasons illustrate that it is critical to take the time to develop a detailed succession plan for yourself and your law firm. It is never too early to start succession planning. Indeed, planning requires careful consideration, open communication and ample time for implementation. As lawyers, we owe it to our clients, ourselves, our families and our profession to ensure a seamless transition when the time comes to pass the baton, whether that time comes unexpectedly or by choice. Creating a detailed succession plan now will hopefully eliminate the need for your loved ones to contact an attorney in a panic.

Maximizing Efficiency and Minimizing Costs: Unleash the Power of Legal Bill Review Software In 2021, legal teams reported spending only a fraction of the day (just 2.5 hours) on billable work. Flash forward to today, and teams are still inundated with time-consuming administrative tasks like tracking hours, gathering data, reviewing line items, and finding invoice details that may be lost in a sea of back-and-forth emails. On top of that, manual invoice review processes can be time-consuming and prone to errors, leading to unnecessary costs. Luckily, with the advent of legal bill review software, businesses can streamline their processes, enhance accuracy, and ultimately reduce expenses. Here are seven ways legal bill review software can trim your expenses: 1. Automated Invoice Processing Reviewing invoices line-by-line and highlighting any guideline violations or non-compliant activity—aka managed bill review (MBR)—can be time-consuming, especially when it falls on in-house staff. Few among us find it rewarding to painstakingly validate each line item in a bill—much less hundreds or thousands of bills. And in a climate where worker burnout is on the rise (a 2022-2023 survey shows that 59% of all workers are experiencing at least moderate burnout), mitigating painful, manual processes has become a priority for strategic organizations. Legal bill review software automates the invoice processing workflow, eliminating the need for manual data entry and reducing the risk of errors. Automation also ensures that invoices are processed efficiently, saving valuable time and reducing administrative costs for both hard and soft savings. 2. Invoice Compliance Checks Legal bill review software comes equipped with advanced algorithms that can perform real-time compliance checks. This helps ensure that invoices adhere to predefined billing guidelines and comply with legal regulations. By flagging non-compliant entries, the software prevents overbilling and reduces the likelihood of disputes. Legal bill review software significantly enhances the efficiency of invoice compliance checks, leading to a substantial return on investment (ROI) for legal departments. The advanced algorithms embedded in the software not only flag non-compliant entries but also streamline the entire review process. This automation reduces the time and resources traditionally spent on manual invoice examinations, allowing legal professionals to focus on more strategic and value-added activities. The integration of legal bill review software not only ensures compliance with billing guidelines and legal regulations but also delivers tangible benefits through enhanced efficiency, reduced disputes, and strategic insights that contribute to a positive return on investment for legal departments. 3. Enhanced Bill Review Accuracy Manual bill reviews are prone to oversights and human errors. Legal bill review software employs artificial intelligence and machine learning algorithms to analyze and review bills with a high level of accuracy. This reduces the chances of approving inaccurate charges, leading to significant cost savings. Legal bill review software offers a systematic and standardized approach to the review process, ensuring consistency and adherence to billing guidelines. These tools are designed to automatically cross-reference each line item against established legal billing guidelines, flagging any discrepancies or potential billing irregularities. The implementation of AI-driven features, such as natural language processing and pattern recognition, enables the software to understand complex legal language and identify nuances that might be overlooked during a manual review. By leveraging these advanced technologies, legal bill review software not only minimizes the risk of errors but also enhances the overall efficiency of the review process. The automation of routine tasks allows legal professionals to focus on more complex aspects of their work, such as case strategy and client communication. This not only improves the quality of legal services but also contributes to a more streamlined and cost-effective workflow. 4. Streamlined Communication with Law Firms Effective communication with law firms is essential for managing legal expenses. Legal bill review software provides a centralized platform for communication, allowing for seamless collaboration and enabling legal departments to provide timely feedback to law firms. Real-time collaboration features enable quick resolution of billing disputes and clarification of any discrepancies, reducing the likelihood of prolonged disputes that could potentially strain the client-law firm relationship. This leads to a more harmonious working relationship and saves valuable time for both legal departments and law firms. Improved communication can also lead to better negotiated rates and discounts, contributing to overall cost reduction. 5. Real-Time Analytics and Reporting Legal bill review software provides real-time analytics and reporting capabilities, offering insights into spending patterns, trends, and areas of potential cost savings. This data empowers legal departments to negotiate more favorable terms with their legal vendors, optimize budget allocation, and make informed decisions based on historical billing information. The software’s ability to facilitate strategic decision-making contributes to long-term cost savings and operational efficiency, ultimately boosting the overall ROI for the organization. By having a comprehensive understanding of legal expenses, organizations can make informed decisions to optimize their budget and reduce unnecessary costs. 6. Standardized Billing Practices Legal bill review software enables organizations to establish and enforce standardized billing practices. This consistency ensures that all legal matters are billed in a uniform manner, making it easier to identify anomalies and negotiate better rates. Legal bill review software also ensures that discrepancies are identified promptly, enabling timely corrections before invoices are processed for payment. This proactive approach not only minimizes the risk of financial losses due to overbilling but also fosters stronger relationships with external legal service providers by maintaining transparency and trust in billing practices. 7. Efficient Matter Management Some of the best legal bill review software includes matter management features that allow organizations to track the progress of legal cases, allocate resources effectively, and identify opportunities for cost savings. By optimizing matter management, businesses can reduce the overall expenditure on legal services. Legal bill review software contributes significantly to streamlining the communication and collaboration processes within law firms. These platforms have the ability to integrate communication tools and document sharing functionalities, enabling legal teams to work collaboratively on cases in real-time with other departments. Efficient matter management through the software also facilitates better decision-making by providing comprehensive insights into case histories, key milestones, and potential challenges. This enhanced visibility allows legal professionals to make informed choices regarding case strategy and resource allocation. Optimizing Costs with Legal Bill Review Software Incorporating legal bill review software into your organization’s workflow is a strategic investment that can lead to substantial cost savings and improved resource allocation. From automated invoice processing to real-time analytics, these tools offer a comprehensive solution for managing and optimizing legal expenses It’s not just a cost-cutting measure; it’s a proactive approach to enhancing financial control and maximizing the value of legal services.

Even though the law firm business model is built around forging strong relationships and lasting connections, there is probably no other industry with more disconnected data systems than legal. Too often we hear complaints from legal marketers and business developers struggling with challenges caused by juggling so many disconnected data silos, including CRM and ERM, eMarketing systems, experience databases, proposal generators, and more. And don’t even get me started on the spreadsheets. CRM Integration: When, Where and Why When systems are not connected, it causes frustrating challenges such as vast sets of duplicate contacts and repetitious data entry. Attorneys and staff are often stuck wasting time on tedious manual tasks such as repeatedly entering the same data into multiple disconnected systems—time that should otherwise be spent serving client needs. These data silos keep attorneys from effectively analyzing the data to make informed, timely decisions. As firms transition to digital-first strategies, they are developing new ways to bridge the gaps between these disconnected silos through system integrations, allowing for a more enhanced flow of information. While there are many ways to integrate your data systems with your CRM, here are a few of the most beneficial integrations when it comes to legal marketing technology: 1. eMarketing Data The value of a CRM system can be exponentially increased with the integration of an eMarketing system. When integrated properly, these tools can connect critical data to your contacts and give you better insight into how they interact with your email or marketing communications. Many times, these integrations have been pre-built by system providers, offering huge cost savings for firms that implement them. Additionally, the data from an eMarketing system can help drive system adoption and provide added value, which most firms struggle to achieve. 2. Time and Billing Data Many firms have also tied their time and billing systems to their CRM. While this type of integration comes with a higher price tag, it can sync invaluable data like client information, rank and numbers for firms with common time and billing and CRM systems. Additionally, these systems can work in concert with one another to seamlessly pull a list for targeting and segmenting based on numerous criteria. 3. External Data Sets External data sets, like company news, information, and industry codes, can be connected to the firm’s CRM and to companies and contacts within the database. This type of connection can be extremely beneficial as it can help generate insightful reports on data coming into the CRM, like newly added companies, alumni changes or business development activities. Still, it often requires a meticulous initial matching and tagging process and an ongoing subscription cost to prevent the data from becoming outdated. 4. Human Resources Data Integrating the firm’s HR system can also provide additional value. This connection can automate the creation of new user accounts in the CRM, simplifying the onboarding process. The HR data can also be used to feed firm directories and provide computer or mobile access to the information of the firm’s key personnel. Attorneys can also be related to clients, matters, experience or opportunity records. Focusing on an integration strategy can provide firms with a solid foundation for CRM success. However, this is only the first step. The next steps involve addressing the people and process issues, including the daunting change management challenges that are inherent in CRM. n As a CRM Success and Business Development Technology Consultant, Chris Fritsch works together with leading professional services firms across the country to help them select and implement the right Client Relationship Management and eMarketing solutions to support their marketing and business development efforts and maximize value and return on investment. Learn more at www.clientsfirstconsulting.com.

As Tom Petty said, “the waiting is the hardest part.” After delivering a compelling pitch to a prospective client, the follow-up email is a crucial step in nurturing that initial connection and continuing the conversation. For lawyers, this is more than just a courtesy—it’s an opportunity to solidify the relationship and demonstrate the value they can bring to the table. Here’s a guide on how to craft an effective follow-up email that resonates with potential clients. Express Gratitude with a Personal Touch: Begin your follow-up with a personalized thank-you note. This gesture of appreciation for the client’s time and consideration sets a positive tone for your email. Make sure to reference specific topics or discussions from the pitch to show your attentiveness and genuine interest. Recap the Highlights: Include a brief summary of the key points from your pitch. Highlight how your legal expertise aligns with their needs. This recap helps in reinforcing your message and keeps the critical aspects of your proposal at the forefront of the client’s mind. Provide Additional Resources: If during your pitch you promised additional information or resources, ensure to include these in your follow-up. Attach relevant case studies, blog posts, whitepapers or links to articles that offer deeper insights into how you can address their specific legal concerns. Clarify the Next Steps: Outline a clear and concise action plan. Detailing the next steps, whether it’s a proposed timeline or a schedule for future meetings, provides clarity and shows your proactive approach. Share Success Stories: Including client testimonials or case studies relevant to the prospect can significantly boost your credibility. These success stories act as evidence of your proficiency and experience in handling similar cases. Offer Tailored Legal Insights: A brief analysis or legal insight related to the client’s industry or situation can be very impactful. This demonstrates not only your expertise but also your commitment to providing value beyond the standard pitch. Encourage Further Dialogue: Invite them to reach out for any additional information or discussion. Providing direct contact details and ensuring they feel comfortable to engage further is key in building a trusting relationship. Attach Useful Documents: If you referenced any brochures, service descriptions, lawyer CVs or other materials during your pitch, attach these documents to your email. Make sure they are easily accessible and relevant. Consider a Personalized Video Message: A short, personalized video message can be a unique and engaging addition to your follow-up. It adds a personal touch that can differentiate you from others. Suggest an Educational Session: Offer to host an educational session at their office or virtually via Zoom. This can be a workshop, webinar or Q&A session tailored to their specific needs or interests. It’s an excellent way to showcase your expertise, provide additional value and build a stronger connection with the potential client. Follow Up on Next Steps: Instead of just leaving the ball in their court, actively suggest a follow-up meeting or call to discuss the next steps. This can be a more effective approach than just providing a calendar link, as it shows your eagerness to keep the conversation going and work collaboratively towards a solution. Key Takeaways for Effective Follow-Ups Personalization Is Key: Tailor your follow-up email to reflect the specific discussions and interests of the prospective client. Balance Professionalism and Approachability: While maintaining a professional tone, ensure your email is approachable and encourages further dialogue. Demonstrate Value Continuously: From sharing additional resources to offering to do an educational session, consistently showcase the value you bring. An effective follow-up email can be the difference between a missed opportunity and a fruitful professional relationship. By incorporating these elements, lawyers can significantly enhance their chances of turning a prospect into a loyal client. Reviving Silent Conversations: Keeping the Momentum Going Even with a well-crafted follow-up strategy, there are times when the conversation with a potential client may go silent. This is a common challenge in the legal profession, but it doesn’t necessarily signify a loss of interest. Here’s how to tactfully re-engage and keep the conversation going: Follow-Up Check-In: If you haven’t received a response after your initial follow-up, send a polite check-in email. Frame it as a courteous reminder and express your continued interest in assisting them. A simple message asking if they had time to consider your proposal or if they need any further information can reopen the lines of communication. Share New Developments or Insights: Keep the prospective client informed about any new developments, insights or updates in your field that might be relevant to them. This approach shows that you’re thinking of them and their needs, even beyond the initial pitch. Offer Additional Value: Propose an additional value that wasn’t part of the original conversation. For instance, you could offer a brief legal analysis of a recent regulation change relevant to their business or invite them to an exclusive webinar your firm is hosting. Personalized Touch: Personalize your communication based on previous interactions. If they mentioned a specific business challenge or a personal interest in your earlier discussions, bringing this up can show your attentiveness and genuine interest. Set a Gentle Reminder for Future Opportunities: Sometimes timing isn’t right. Acknowledge this possibility and let them know you’re available to assist whenever they’re ready. A gentle reminder that you’re just an email or call away can leave the door open for future engagement. Networking Events and Casual Meetups: Invite them to networking events, seminars or casual meetups. This can provide a more relaxed setting to reconnect and can sometimes be more effective than formal business meetings. Reviving a silent conversation requires a balance of persistence, tact and providing value. By staying in touch and continually offering relevant insights and assistance, you can keep the relationship warm and potentially reignite their interest in working with you. 

When lawyers collaborate with an outside writer to help them craft and publish thought-leadership marketing content, they are making a small investment for which they could realize significant ROIs. I frequently speak with lawyers and law firm marketing or business development professionals regarding their firms’ investment in their content marketing and thought-leadership marketing programs. These conversations frequently touch on those lawyers’ and law firms’ experience and interest in collaborating with an outside writer (also known as a “ghostwriter”) to help those lawyers craft and publish thought-leadership marketing content like blog posts, bylined articles, client alerts, and the like. Very often, when I have these conversations, the “B” word is mentioned. You know, “budget.” Inevitably, a lawyer or law firm marketing/business development professional will tell me that they’re not quite sure if they have the budget—whether at a firm level, a practice group level, or a personal level—to spend on collaborating with an outside writer. Instead, they will explain to me that they could just save that money by writing that content themselves or having their lawyers write it themselves. At this point, I often remind the lawyer or the marketing/business development professional that allocating funds toward their content marketing and thought-leadership marketing efforts, including collaborating with an outside writer, like all other forms of marketing, is an investment. Those lawyers and their firms are spending money up front on a form of marketing in the hopes that by spending that money now they will bring in new client matters soon, and that new business will more than pay for the cost of the marketing efforts required to bring in those new matters. When it comes to collaborating with an outside writer, there are (at least) three ways lawyers can realize a return on their investment—one of which is guaranteed. 1. Write Less, Bill More The first way lawyers can realize an ROI when collaborating with an outside writer, which also happens to be a guaranteed ROI, is that lawyers free themselves up to be able to work on billable client matters. A lawyer who bills $400, $500, or $600 an hour but pays an outside writer $150, $200, or even $250 an hour, is going to realize a return on their investment—likely of at least 2x. By taking the reins on a piece of marketing content, an outside writer frees that lawyer up to service their clients and bill that time. Of course, if the lawyer was forced to write that piece of content themself without assistance from an outside writer, that lawyer would be unable to bill their time to a client. This first ROI is an instant, direct, and guaranteed ROI for lawyers and their law firms. 2. Content Leads to a New Matter The second way lawyers can realize an ROI when collaborating with an outside writer is when a piece of marketing content crafted by that writer directly leads to a new client matter. Perhaps that piece of content is a bylined article in an industry trade publication. Maybe it is a blog post a lawyer or their firm shared on LinkedIn or Twitter. Maybe it is a client alert. Or maybe it is a free guide or checklist. Whatever it is, it so thoroughly—and credibly—addressed a legal issue that a past, current, or prospective client is currently facing or expects to face that they felt compelled to reach out to the lawyer and eventually engage them. Given the fact that it is unlikely, without the assistance of the outside writer, that that particular piece of marketing content would have been written and published when it was (after all, that’s why the writer was hired), there is a direct connection between what a lawyer or law firm paid the writer and the fees the lawyer and law firm could expect from this new client matter. In this instance, it is almost a certainty that the lawyer’s or law firm’s investment in a piece of marketing content crafted by an outside writer will be dwarfed by the fees from the client matter that piece generated. 3. The Cumulative Effect of Content The third (and final, at least for the purposes of this article) way lawyers can realize an ROI when collaborating with an outside writer is what I refer to as the cumulative effect of content. When a lawyer collaborates with an outside writer over a long period of time, that lawyer will amass a body of work that is going to be more expansive than what that lawyer could have created on their own based on the competing demands on their time they face each day. That body of work as a whole is a signal to past, current, and future clients and referral sources that the lawyer has deep knowledge and mastery of the legal issues that arise within their practice area(s). After all, the lawyer wouldn’t have so much to say about those issues (in the form of thought-leadership marketing content) if they didn’t. That body of work creates a perception of thought leadership and mastery. That perception could very well compel clients and referral sources to contact the lawyer about assisting them with their legal issues. In these instances, that body of work led directly to new client matters. But that body of work, composed of blog posts, client alerts, bylined articles, and ebooks (along with perhaps videos, podcast episodes the lawyer has appeared on, and other indicia of their deep legal knowledge), also signals to other key audiences that the lawyer is someone they should be talking to about their area of expertise. Those key audiences might have platforms that lead to new client matters. Perhaps a representative from a trade organization comes across a lawyer’s body of work and thinks the lawyer would make an excellent speaker at an upcoming seminar. And that speaking engagement then leads to a new client matter. Perhaps a reporter from an industry trade publication or national business publication comes across the lawyer’s body of work and decides to interview that lawyer and include quotes from the lawyer in an article they are working on. That published article then leads to a new client matter. In these examples, a particular piece of content did not directly lead to new client matters. But the cumulative effect of that content, the perceptions created by that content, opened up doors for a lawyer that eventually led to new client matters. Investing in the Future of Your Legal Practice and Law Firm Content marketing and thought-leadership marketing, like all forms of marketing, are investments. They are not sunk costs. It is possible, if not probable, that you will realize a return on your investment in a content marketing or thought-leadership marketing program when you collaborate with an outside writer. I’ve identified three ways you might realize such a return. Remember, when you are contemplating investing in your content marketing and thought-leadership marketing programs, particularly when collaborating with an outside writer, you’re making an investment in the future of your legal practice and your law firm.

In today’s legal landscape, marked by rapid change and high demands on time, the integration and effective use of Customer Relationship Management (CRM) systems is not just a technological upgrade but a critical pivot towards operational excellence and client service enhancement. Overcoming the inherent resistance to change in legal environments is essential, as the successful adoption of CRM systems directly correlates to a law firm’s efficiency, client relationship management and ultimately, its competitive edge. Embracing a strategic approach that prioritizes value, simplicity and efficiency is key to unlocking the potential of CRM systems. This approach can transform them from mere administrative tools to indispensable assets for business development and client engagement. Here, we outline six pivotal strategies to facilitate this transformation and elevate CRM adoption among attorneys, ensuring that your firm not only keeps pace with the industry’s evolution but leads it. 1. Communicate the Direct Benefits Strategy: Explicitly explain how the CRM system benefits the individual lawyers, not just the organization. Implementation: Conduct workshops or one-on-one sessions demonstrating how CRM usage can streamline their marketing and business development efforts, ultimately leading to personal success and client satisfaction. Simplify and Personalize the User Experience Strategy: Opt for CRM systems with user-friendly interfaces and customizable dashboards that align with the daily needs of lawyers. Implementation: Choose CRMs that can integrate seamlessly with other systems lawyers use daily, like billing and document management, to create a centralized, efficient workspace. 3. Demonstrate Ease of Accessing Valuable Insights Strategy: Show lawyers how they can independently derive valuable insights from CRM data with minimal effort. Implementation: Regularly schedule sessions with marketing professionals to assist lawyers in updating and extracting relevant contact information and insights from the CRM. 4. Streamline Sharing of Appointments and Activities Strategy: Select a CRM system that facilitates easy sharing of appointments and activities, allowing marketing teams to provide proactive support. Implementation: Implement features where marketing professionals can access attorneys’ schedules to prepare strategic materials and insights for upcoming client or prospect meetings. 5. Ensure Data Integrity Strategy: Maintain accurate and up-to-date CRM data to ensure reliability. Implementation: Establish a regular data cleaning process, which can be outsourced if necessary, to maintain the CRM’s integrity and usefulness. 6. Redefine CRM Success Strategy: Shift away from traditional models that heavily rely on attorneys for data entry. Implementation: Adopt newer CRM approaches where the bulk of data entry and management is handled by support staff or automated systems, reducing the burden on attorneys and focusing their involvement on strategic input and relationship management. Conclusion: A Value-Driven Approach The cornerstone of successful CRM adoption lies in the “value exchange.” By making it straightforward for attorneys to contribute and extract value from the CRM, law firms can foster a culture of active participation. While the journey to full CRM adoption is gradual, the investment in these modern strategies is crucial for long-term benefits, enhancing both the efficiency of lawyers and the overall success of the firm.

Following up on my recent piece about navigating the complex landscape of 2024 law firm rate setting, I’d like to delve deeper into the symbiotic relationship between law firms and their clients, especially when discussing rates and value. Rate Setting Isn’t Adversarial At its core, rate setting is not about drawing a line in the sand against your client. It’s a strategic process that aligns the firm’s value proposition with market dynamics and client expectations. When approached collaboratively, it allows both parties to benefit mutually. A well-thought-out price strategy ensures firms deliver optimum service while clients feel they’re getting their money’s worth. Open Conversations Tighten Bonds A transparent discussion about rates and the firm’s value can bring them closer to their clients. By opening this communication channel, firms can better understand clients’ needs, expectations, and reservations. Clients, in turn, appreciate the honesty and effort, leading to enhanced trust and loyalty. It’s not just about numbers; it’s about mutual respect and understanding. Cutting Rates Isn’t Always Beneficial It may seem counterintuitive, but a reduced rate doesn’t always translate to added value for the client. While initial cost savings might appear attractive, they can sometimes come at the expense of quality, efficiency, or expertise. Over time, this could lead to suboptimal results, potentially costing the client more money and missed opportunities. Towards a Value-Centric Model The conversation needs to shift from mere pricing to the value delivered. Consider introducing the concept of Legal Service Return on Investment (LROI). It’s not just about the hours logged; it’s about the tangible and intangible benefits clients derive from those hours. This might include the successful resolution of a case, the prevention of potential legal pitfalls, or even the peace of mind of knowing they have expert counsel on their side. A Legal Service ROI emphasizes the impact and outcomes rather than just the input. It challenges firms to evaluate and demonstrate their worth continuously, ensuring they remain aligned with client expectations and market dynamics. This innovative approach to value can foster a more collaborative and beneficial relationship between firms and their clients. A Glimpse into the Future As we stand on the brink of the AI age, the concept of value in the legal realm is set to undergo significant transformation. In my upcoming blog, I’ll explore how AI might redefine pricing models and what it means for law firms and their clients. But one thing remains constant: the pursuit of genuine value. Whether through human expertise or machine intelligence, the goal is to deliver unparalleled service and results. To understand more about the value-driven approach to legal services and how it can revolutionize your firm’s relationship with its clients, stay tuned. Think innovatively, and let’s journey together into the future of law firm pricing. 

Ring ... ring ... ring ... ring ... ring ... Goodbye. Chalk up another lost client to your front desk. How seriously have you invested time and money into your intake department? Before you answer that, let’s step back a minute and consider the story of the young fisherboy. This angler grew up on the river with his father learning the art and craft of fishing. His dad would catch the fish and let his boy zealously reel them in, one by one. Eventually, the boy accepted the process of taking the rod from his father each time he had one hooked. Eventually, one day his father stopped going fishing with him and depended on his son to bring home dinner. The boy soon realized that he could no longer rely on his old process of depending on his father’s ability to set the hook. He had to learn to set the hook himself. I implore you, teach your staff how to set the hook. Stop treating your website leads like they’re referrals. The Problem With Referrals There’s no doubt that referrals are the best possible lead source. It is said that the average company generates 65% of its new business from referrals (NYT). Furthermore, your clients are said to be four times more likely to hire you when they are referred from a friend or from someone they trust. However, there are two major difficulties with referrals: You have to pay out a hefty sum at the end of the case (for a contingency fee-based lawyer); and There just aren’t enough of them. If you have accepted those two facts, you have likely considered Internet marketing for your law firm. The process of riding a bull is not the same process as riding a bike. Each requires its own unique techniques and training (although I can’t personally say I’ve ridden a bull). With Internet marketing, you should avoid applying your referral processes and mindset when handling your lead intake. Otherwise you risk damaging your law firm’s bottom line. A person who calls you after finding your website on the Internet, with no prior knowledge of your firm, has no personal loyalty or ties to you or your great firm. In fact, they have no reason to hire you other than what is said in those first few minutes when they call in. If you don’t have someone willing to greet them with exceptional service and a sales mentality, you will lose out to a law firm that does. Referrals vs. Internet Leads Here are some key points to keep in mind: Referral: A referred client will leave you a voicemail and wait for your return call. Internet: An internet lead will move on. Referral: A referred client will punch buttons through a phone tree in an effort to talk to you. Internet: An internet lead will hang up and call someone they can talk to immediately. Referral: A referred client may overlook your tired, disinterested intake “professional.” Internet: An internet lead assumes your intake “professional” is a reflection of your entire firm and representation ability. They move on. I strongly urge you to stop treating your website leads like they’re referrals. You are costing your firm tens of thousands in case fees and are wasting significant marketing dollars. Consider applying a portion of your advertising toward your intake team. Hire rock stars and offer ongoing training and coaching. Your intake process is one of your most important functions to growing your case load on the Internet.  The fishing was good; it was the catching that was bad. —A.K. Best

According to a national survey, the number 1 fear people have is speaking in public. Fear of dying is ranked number 7. So just remember when you attend your next funeral that more people would rather be in the coffin than giving the eulogy. I realize speaking is not for everyone, but if you enjoy speaking or educating people in a group, then speaking and seminars can be one of the best ways to grow your practice. There are very few practice areas I can think of whose marketing efforts would not benefit from participating in some form of education-based seminars or presentations. Giving a seminar or presentation can give you massive credibility, if it’s done correctly. It is also a proven lead generator, if the follow-up is efficient. For those litigators and trial attorneys, giving a seminar is old hat. You educate your juries on a regular basis and often some of the best public speakers I’ve seen are the trial attorneys. For the rest of us, there are many options to select from. Here are seven common ways you can implement speaking to generate more clients for your law firm: Give a public seminar or presentation Give a private, client-only seminar in your office Give an after-dinner presentation to a group of clients brought together by one of your referral partners Give a presentation over a conference bridge line (teleseminar or webinar) Be one of the experts on a panel with affiliated professionals (a banker, another attorney, a CPA or financial advisor) Give a keynote speech to a trade association Be the moderator/facilitator of a panel discussion There are three basic types of seminars you can participate in: Wholesale Seminars This is where you work with a referral partner who sets up a meeting with his or her existing clients and you speak to their clients and educate them about what you do. A common example of this is when an estate planning attorney works with a local financial advisor and speaks to the advisor’s clients on asset protection strategies. One of our estate planning clients used this type of seminar very successfully when he teamed up with a well-known certified financial planner. The advisor had a large client base and they spent a few thousand dollars each month on promoting the events via ads in local newspapers. They held most of the seminars for two hours on a Saturday morning and usually had 30 to 60 people show up. Each person spoke for about an hour. We helped our client implement a strong follow-up program and by the second event he was signing up 30-40% of the attendees for a free estate planning consultation! He was able to sign up over 60% of those people as new clients with an average fee of $3,500. When you do the math, if they only had 30 people show up per event and only 30% of them signed up for a free consult (9 people) and he closed 60% (that’s 5 new clients) at $3,500 each, that means that particular seminar was worth $17,500 in new work for the firm. Now multiply that by one to two seminars per month and you can quickly see how this can add up. Retail Seminars This is where you set up a public seminar (this can be free or paid) and you invite people to attend and listen to your presentation. For example, a small business attorney can invite local business owners to attend a half-day seminar on common legal issues faced by growing companies. I’m not sure why, but many attorneys seem to do this kind of seminar for free. I’m more in favor of charging a reasonable fee, as long as you are going to provide good content for attendees. This not only keeps out the tire kickers and your competitors, but also generally attracts a more serious person to your event. A retail or public seminar is usually the most expensive to conduct because you must market them heavily to generate enough attendees to make it worth your while. If you select to conduct retail seminars I recommend you either do a series (perhaps one topic each quarter) or you hold the same seminar multiple times per month or year. This is the model we use for our Rainmaker Retreat two-day law firm marketing boot camps for attorneys. We hold the same event 10-12 times per year across the country. Referral Partner Seminars This kind of seminar involves speaking to a group of potential or existing referral partners in a group setting. For example, you set up a meeting of CPAs and speak to them about how to generate cross-referrals with your law firm and how the two professions can work seamlessly together to better serve the client. Alternatively, you go to your local CPA society and offer to give a seminar at an upcoming meeting about a topic of interest to CPAs. As someone who makes their living from speaking, I know it can be a difficult, yet rewarding form of marketing. Yet, I always have attorneys come up to me afterwards and say something like this, “I gave a speech once and I didn’t get any new business from it.” Well, if you find yourself among the skeptics, here are some critical law firm marketing tips to remember so you can achieve better results from your speaking and presenting efforts. Tip 1: Only Speak to Decision Makers The first important tip is to always speak to the right group, and the right group are decision makers, not gate keepers! Make sure you get in front of the right group—people who can either refer you clients or who are highly likely to need, want and be able to afford your services. You can best accomplish this by asking the following questions: What is your average attendee like? What are the typical job titles of attendees? What is the size of the average attendance? What percentage of your usual attendees are decision makers? What kinds of topics have had the best turnout? Who has recently spoken to your group and what did they speak about? How did that go? Tip 2: Educate Your Audience Make sure your talk is about something they care about. Make it educational. Do not stand up there and spout legal jargon and legal theory or sections and codes because that’s not what people want, unless your audience is other attorneys. Most audiences want practical, useful information they can take away and immediately implement. Give them lots of practical, useful information that will help them. You may say, “Well, I don’t want to give away the store. I don’t want to give them so much information that they can do it themselves.” Please understand, if you could give them enough information where they could do it themselves, the people who actually would do it for themselves and not hire you are not good prospects for you. You want to target the people who have the money to hire an attorney and do not want to do it for themselves because they either understand the risks of doing so or simply do not have the time, energy, effort or expertise needed to successfully complete the task. You do not want to hire tire kickers or “do it yourself-errs” because they typically will only hire you if you have an absolutely ridiculously low price. At the Rainmaker Retreats, we actually follow the opposite principle. We purposefully try to overwhelm our audience with so much practical, useful, step-by-step information. Why? Because we want them to walk out of the room with so many great ideas that they don’t know where to start so they will turn to us and hire us to implement a proven law firm marketing plan for them. You must recognize that not everyone in every audience is in your target market and you need to qualify them as much as they qualify you! You want to ensure they need you, they want you and they can afford your prices. If you don’t want to attract “yellow page clients” then don’t charge yellow page prices. Tip 3: Obtain All the Attendees’ Contact Information Ideally, you want the attendees’ contact information before they ever come to your event. If you are speaking for an association, simply ask for it (be specific and ask for their first and last name, email and phone in an excel file), sometimes they will give it to you and other times they won’t. Either way, have a plan for obtaining the attendees’ contact information at your presentation. If the conference organizer will not give it to you, simply do a giveaway for a prize. You can try to be a little creative in your giveaways without going overboard like a bestselling book, a gift card to a local restaurant, a digital camera, a set of golf clubs, a coupon for a massage, tickets to a play at a theater, or a nice bottle of wine. Simply have them pass their business cards to the front or pass out 3×5 cards and have them fill out their full name, phone and email address and pass it to the front. Do a drawing for the prize at the end of your seminar. Obtaining their contact information is critical for success in speaking and seminar marketing. Tip 4: The Fortune Is in the Follow-up If you are a regular reader of this column, you have heard me say this before: the fortune is in the follow-up! The number one reason why lawyers don’t achieve great results from speaking and seminars is because they don’t have a written follow-up system. You must develop a follow-up strategy before your talk. Let’s say your follow-up strategy is a series of emails, phone calls and maybe a letter or postcard. Your follow-up system would include 4 emails, 3 phone calls and 1 letter. Email 1 would be sent within 24 hours post-seminar. It would be a thank you email with an offer for a free consultation, a special report or an audio CD. Phone Call 1 would be made by your staff and would be made within 24 hours post-seminar. The call would be to thank them for attending and make the same free offer that’s made in the email. Letter 1 would be sent out the next day (they should receive it within 3 days if they are local) and the letter would repeat what you have written in the email. All of this would happen in the first 24 hours after the seminar. Some of you will question if that’s too aggressive an approach. Let me assure you, it is not. A quick follow-up system like this demonstrates a high level of professionalism and commitment to your attendees. It tells them that you care about them and most of them will be impressed that you followed up so quickly. Email 2 is sent three to five days after the event. Remind them about the seminar they attended and invite them to sign up for a consultation or your newsletter. Email 3 might offer a brief tip about the topic you spoke about: top 10 tips or recommended resources, etc. Every person should be followed up with at least three phone calls before you stop trying to reach them. Every attendee should receive at least 5-7 emails and 1-2 printed letters from your law firm. If you use this kind of follow-up system, you will find significantly better results from your seminars and marketing efforts. Make sure you have a follow-up system in place before your presentation and make sure you have your staff doing most of the work. Your focus is on becoming a powerful Rainmaker for your law firm, serving your clients with excellence and bringing in new clients.

It’s a common sentiment, you think you’ve done everything possible to build your law business… You have worked hard on building a business that represents your ideals. You have built relationships in your industry. You have a great office space that you have spent time decorating to make your clients feel comfortable. You have hired an all-star staff. You have advertisements in relevant marketing channels. You have created a beautiful website that clearly depicts your firm’s purpose, but you still aren’t signing the cases that you want. This is a frustrating reality for many legal professionals, who have spent an unmeasurable amount of time and energy making their business the best it can be, but are not seeing the expected results. A simple area many professionals tend to ignore is the quality of the images they are posting on their site. In a society so hyper-focused on image and a marketing landscape where consumers have to digest thousands of images per day, your photos have to be top-notch, or you are wasting your time. Marcel Just, director of the Center for Cognitive Brain Imaging at Carnegie Mellon University, explains how important images are to digital marketing in an interview for Nieman Reports, saying: “Processing print isn’t something the human brain was built for. The printed word is a human artifact. It’s very convenient and it’s worked very well for us for 5,000 years, but it’s an invention of human beings. By contrast Mother Nature has built into our brain our ability to see the visual world and interpret it.” —Marcel Just, Director of the Center for Cognitive Brain Imaging, Carnegie Mellon University Professional Law Firm Photography Tips Be Personal Stock images always seem like a great idea at the time. They are cost effective, professional, and a stock image exists for almost any situation you can think of. However, stock images are impersonal, and many fall into the fake or cheesy categories. Stock images don’t give a genuine representation of the people behind your firm, making you seem untrustworthy, which is the last thing any law firm wants. Images of actual people sitting in your law firm will always win out. Be Interesting Your clients are inundated with images through media outlets that flood our inboxes, mailboxes, and social feeds. If your image does not spark any emotion in the viewer, it is worthless. I’m not necessarily talking about an intense emotional connection, but some type of spark that will keep your visitor interested. If your firm is involved in the community, give visitors a glimpse of your staff working hard to help locals. If you have a big case going on or an interview, snap a behind-the-scenes image so clients feel like they get the inside scoop on your work. Be Specific I have a background in retail marketing; nothing drives me crazier than an image with no subject and distracting background clutter. Make sure that your consumer knows exactly how your image relates to the topic they are reading about. To achieve this, you can blur out the background slightly or take images with a crisp clean background. Be Current Keeping out-of-date photos on your site signals to visitors that you don’t pay attention to detail and don’t care about being current. These red flags signal to your consumer that you may treat their case the same way. One of the easiest ways to tell if your photos are outdated is by examining the fashion and style choices made in the photos. A good rule of thumb is to update attorney profile images every year or two, and update images when you hire or lose staff members. In addition to the standard photos, continually post images from current events happening at your firm. Be High Quality The final and most important aspect of any photo is the quality. No matter how personal, interesting, specific, or current your images are, if they are of sub-par quality, you might as well not even have them on your site. A low quality image on a website demonstrates that the creators are apathetic to quality overall and will likely be apathetic to the quality of a client’s case. The best way to solve this problem is to hire a professional photographer to come to your business and take photos of your staff and your space. Types of Images to Include On Your Law Firm Website Smiling headshots of staff Group shots of staff inside or near your building Photos of staff interacting with clients Photos of your office(s) (Google offers Business View, a service where a professional photographer creates a virtual tour of your office the same way Google Street View does. This is a trust signal for Google and for your clients.) Behind-the-scenes shots Photos of staff collaborating with each other Images/videos of clients for testimonials

How do you help a client who doesn’t know what’s best for them and focuses on the wrong area? I work with hundreds of law firms every year and one of the most common requests I hear from attorneys is, “I need more leads.” Yet when I inquire further into the specifics of their situation, I often find that lead generation isn’t their primary problem—it’s lead conversion. Let me explain. I was recently speaking with a bankruptcy attorney who claimed he needed more leads to build his practice. I asked him approximately how many leads were coming into his law firm each month. Needless to say, I was astounded when he informed me his firm’s marketing was consistently generating in excess of 100 to 150 new leads every month! Even with modest conversion rates you should be able to generate at least $500,000 annually with this many leads. Yet he was experiencing serious cash flow issues. I kindly told him I did not believe his biggest issue was lead generation; it was lead conversion—converting more browsers into buyers. I walked him through our Rainmaker Lead Conversion System and how it could help him fix his follow-up and convert more prospects into paying clients. Unfortunately, either I did not do a sufficient job of justifying my response or he did not believe me because he persisted in the belief that he simply needed more “qualified leads” and all his problems would be solved. Lead conversion is the most overlooked area at most law firms and it has the potential to significantly increase your revenues this year. Imagine the impact on your firm’s revenue if you improved the rate of conversion by just 10%, much less the 20-40% increase we have seen when using a formal lead conversion system. I often ask attorneys about their closing rate—the number of appointments they turn into paying clients—and they invariably say that it’s “very high” or “excellent,” but careful examination tells a different story. I find the majority of attorneys significantly overestimate their closing ratio. Just like practicing law, converting leads into paying clients is a skill that takes practice, but you need to understand how to track your data and analyze it. Three Major Areas to Analyze There are many variables you can consider if your practice isn’t generating the revenues you want, but after nearly a decade of specializing in helping law firms improve their lead generation and lead conversion strategies, I have found there are really three major areas that tell most of the story: 1. Lead Generation This is the system of attracting new potential clients to your law firm. You can use both online and offline strategies. Online or internet related strategies include a website, blog, social media and search engine optimization. Offline marketing strategies include referrals from current and former clients, monthly newsletters, building relationships with potential referral partners, networking, speaking and seminars. It’s important to know that lead generation is the second most expensive thing you will have in your law firm, the first being payroll. You must take a systematic approach to lead generation. Without this, you are reduced to sitting in your office waiting for the phone to ring or a referral to walk in, which is not a good place to be. 2. Lead Conversion This is your ability to turn leads into paying clients and is what I will focus on in this article. 3. Client Retention How to keep your paying clients coming back for more and/or referring your firm to everyone they know with a similar problem to theirs. The first step in lead conversion is to develop a “universal lead definition” (ULD)—what precisely is counted as a lead, who counts the leads, how you track the leads, and what does not constitute a legitimate lead. We teach our clients that a lead must meet all three of these criteria: Someone who has never done business with you before (versus a repeat client). Everyone who contacts the firm via email, phone, social media, personal referral, internet, networking event, seminar, etc. They express an interest in your services. In order to build a financially successful law firm, you must be committed to tracking every single lead and following up with them religiously! Far too many attorneys only track the appointments that show up (and if truth be told, they are not even very good at doing that) or how many of the people they meet with in person who sign up as a paying client at the initial consultation. What they don’t recognize is that is only the fourth stage of lead conversion and there are five stages. Here are the five stages of lead conversion for law firms: Number of leads into the top of the funnel Number of leads that turn into appointments Number of appointments who show up Number of appointments who sign up at the initial consultation Number of appointments who sign up later No lead conversion system is complete without tracking all five stages. How many of your leads turn into actual appointments? How many of those appointments actually show up? How many of those people who show up sign up at the initial consultation? And how many people sign up later down the road? Each of these numbers is critical to track because if you know what your conversion rates are at each stage then you can determine where your biggest challenges are and develop a plan to improve. The greatest value of a true lead conversion system is that it gives you direct insight into the actual state of your company and allows you to efficiently automate the follow-up process with dozens and even hundreds of leads. We have helped our clients compete with and beat much larger law firms simply by creating an exceptional follow-up system. Lead generation too often comes down to a firm’s financial ability to “throw money at the problem,” but a lead conversion system can level the playing field and give small firms a true unique competitive advantage. What Is an Acceptable Conversion Rate? Conversion rates can differ widely, depending upon your practice area, but in general the lower your average client is “worth” to your firm the higher your conversion must be in order to run a successful firm. For example, if you practice consumer bankruptcy and the average chapter 7 client pays you $1,500 to handle their case, you must have a higher conversion ratio than the business litigation attorney whose average client pays them $50,000 to $100,000 in legal fees. For consumer attorneys you need at least a 15-20% conversion rate to run a decent practice. This means for every 100 leads your marketing generates, you need to sign up a minimum of 15-20 people. Consumer firms with a comprehensive lead conversion system often experience double this rate, which means they can be very profitable. Think about it this way: if you generate 50 leads per month and close 10% at an average fee of $5,000 per client, that means you made $25,000 in gross revenues (assuming 100% collection rates). However, if you increase that conversion rate to 20% you would double your revenues—with the same amount of leads! The key point is that even small increases in conversion rates can make a significant difference in your revenues. How to Increase Your Conversion Rate The key to increasing your conversion rate is to fix your follow-up! This is another area that many attorneys think they are doing a good job, but upon further investigation I often find massive gaps in their follow-up process. Too many firms follow the approach of “only taking one bite out of the apple,” that is to say they try to get the prospect to retain at the initial consultation (or worse, over the telephone), and if they do not first succeed then they give up and go on to the next person, without ever trying again to get that business. This is a major mistake! When someone doesn’t retain you at the first meeting, rarely does the problem that brought them to you go away on its own accord. Understand that when they don’t hire you, they are not saying “no,” they are usually saying, “not yet” or “I’m not ready.” But circumstances can change and sometimes very quickly. All of the sudden the legal issue goes from the back burner to the front of their mind and retaining an attorney becomes the most important thing in their world. If you have a system that helps you stay connected with them via email or periodic phone calls, then they will more than likely retain you when they are ready versus going to one of your competitors. However, if you fail to fix your follow-up, when they are ready they will likely start the search all over again and you will likely lose this client forever. Let me give you a simple illustration. When an attorney calls me to get some ideas on how to market their law firm, I often end up inviting them to attend one of our Rainmaker legal marketing seminars, but often the dates of our seminar conflict with their schedules. It’s not that they don’t want to go, it’s “not yet” or perhaps they are not mentally ready to make the jump to the next level. Either way, if I depended on my memory to follow up with them some time in the future, we would be in serious trouble! Instead, we have implemented a comprehensive follow-up system that includes multiple keep-in-touch emails and automated reminders that help us remember to call that person weeks or even months after the initial call. In addition, we are committed to sending out a newsletter every single month and have been doing so for years. I regularly hear from new clients how they have been receiving my newsletter for 5 to 10 years and finally were ready to sign up and start working with us. Talk about a long sales cycle! It’s a good thing I don’t depend solely on people like that to build my company. The point here is if you have a comprehensive system that follows up with potential clients for long periods of time, you will reap the benefits. If you are interested in how a lead conversion system can help your firm fix your follow-up and convert more browsers into buyers, I invite you to call our office and set up time for us to talk. 

A good lawyer biography provides an overview of your strengths and accomplishments, tells an engaging story, and describes the benefits you bring to clients (as it draws in your reader), piquing their interest so they want to learn more. It does not recount your entire career, list every case you won, and document every deal you closed since you graduated from law school. Five do’s and don’ts to make your biography stand out, whether on LinkedIn, your firm profile, or in the program notes for your next speaking gig: 1. Lead Off with How You Help People (Not Just Your Title) You need to tell people what you do and how you can help them. “Jennifer Jones is a Partner in the Litigation Group” does neither. Instead, make the opening sentence a value proposition that clearly states how you help clients, like: “Jennifer protects biotech startups against product liability theft and losses.” If that’s all that visitors to your website read, they’ll know what you do—what you’re good at—and what you can do for them. If your practice covers multiple disciplines, include that in your introductory paragraph as well. “In addition, she helps IP rights holders monetize their intellectual property and has particular strengths managing pharmaceutical and biotechnology patent portfolios across the globe.” 2. Tell Stories Client stories are engaging testimonies of your skills and commitment to clients. Always include one or two representative examples of your work in the text of your bio to demonstrate your experience and show readers how you solve the business and legal problems they face. ...demonstrate your experience Ideally, you’ll be able to tie practice strengths into the case studies you provide. “Biotech clients count on Jennifer’s understanding of sophisticated technology—she has a Ph.D. in biochemistry from Yale—to guide them as they pursue licensing and sales opportunities for their products. In one such instance, she helped a small biotech startup license their genetic engineering process to a global pharmaceutical company for an eight-figure sum.” 3. Don’t Talk Too Much When it comes to bios, less is often more. That doesn’t mean that you should exclude significant capabilities and practice strengths, but rather that you should always maintain a critical eye on the length of your bio when deciding what to discuss. Ask yourself if this skill or that experience is relevant to the audience you’re trying to reach. If so, keep it in. If not, consider highlighting it elsewhere, like in a representation list or with a practice group designation. Ask yourself if this skill or that experience is relevant to the audience you’re trying to reach.Of course, there’s no ‘right length’ for bios, particularly since they must complement your firm’s style and conventions and align with the time you’ve been practicing. Still, my rule of thumb is typically between 250 and 350 words for senior associates and junior and mid-level partners. First-year associate bios will be shorter, in the 100-150 word range, and those for senior partners and firm leadership can easily approach 500 words. 4. Use Plain English Nobody likes legalese. Not other lawyers, not CEOs and business managers, not even your mother. (Really. Just ask her.) And certainly no one wants to dig through legalese in a lawyer biography. Use plain English phrasings to make your bio easy—and enjoyable—to read. Avoid overly technical descriptions of client problems you’ve solved, lawsuits you’ve argued, and negotiations you’ve handled. Simple and relatable language that everyone understands will make your talents stand out so that readers won’t be left scratching their heads wondering what you actually do. 5. Don’t Hide Your Personality Remember the proverb “all work and no play makes Jack a dull boy”? Turns out it’s true for lawyers, too. Describing your activities outside the office gives readers the complete picture of who you are, what you care about, and how you spend your time. Extracurricular activities—professional and personal—can also be a great conversation starter. Law is a relationship business, and those relationships are often boosted by affinities you share with peers and prospects. Clients want to hire real people to do their work, people with personalities and interests that go beyond their practice. Whether you’re president of an industry trade association, a long-time runner who’s completed marathons in 25 states, or a volunteer at the local food bank, talk about it in a sentence or two at the end of your bio to illustrate what you do when you’re not working. Your bio should tell your story, what you’re good at, and why clients should hire you. Now get writing.

As social media marketing continues to grow in popularity, a question we often get asked by our clients is if posting on social media helps SEO. Read on to learn the answer to that question and learn more about the impact that posting on social media has on your SEO efforts. Social Media and Its Effect on SEO So, does posting on social media help SEO and your organic rankings? In short, the answer is no—however, posting relevant links from your website to social media can help not only boost your brand awareness but can drive traffic to your website as well. In fact, according to a study by Hootsuite and We Are Social, there are currently over 4.2 billion active users on social media worldwide. This represents a significant potential audience for businesses that are active on social media. In short, social media—while it does not have a direct impact on SEO—is a key asset in any digital marketing strategy. How Social Media Efforts Support SEO Investing your time in social media efforts while also investing in SEO can have a positive impact on your overall online presence. In fact, social media efforts support SEO in many different ways including: Social Media Profiles Can Show up in Search Results Have you ever done a branded Google search and had social media profiles come up in the results? I know I have! Well, if you have a strong social media presence, your profiles on those platforms may rank well in search results for your brand name or other relevant keywords. This can lead to increased visibility and potentially increase the traffic coming to your website. Drive Traffic to Your Website and Improve Visibility As mentioned previously, social media posts can drive traffic to your website. In fact, when you post content on social media, it can be shared by your followers and potentially reach a wider audience. If this content includes a link to your website, it can drive traffic directly to your site and even potentially improve your local search rankings. In addition, posting consistently on social media can help increase your visibility. With billions of people on social media sites, the more you post, the more eyes you can get on your posts. Going back to the point mentioned previously, a strong social media presence can help you rank higher for branded terms and thus increase your overall visibility online. Increased Brand Recognition Another way social media affects SEO is by increasing brand recognition. Essentially, the more channels you can have your name on, the more people will start to recognize your brand. So, if you are consistently posting on, say, Facebook, Twitter or LinkedIn just to name a few, people will begin to recognize your brand more and use those branded terms to find you online. Essentially, it can increase the branded organic traffic that comes to your website in a positive way Increase the Lifespan of Posts Social media affects SEO by increasing the lifespan of posts. For example, say you recently wrote an article that was seasonal as in having something to do with the winter season. Well, social media can help increase the lifespan of this post and help make it relevant again when a year passes and you reshare the article link on your social media profiles. This brings relevancy back to the article even though it was posted a while ago and, in the case of our example, a year ago, thus increasing the lifespan of the post by another year. This same method can be used each year by simply sharing the seasonal article on your social media profiles during the time of year it is most relevant. Gain More Backlinks Lastly, social media affects SEO by giving you the potential to gain more backlinks. For example, the more places you share your articles, the more people will see that article. The more people that see your article, there is greater opportunity for someone to discover it and even link back to it and as you may already know, backlinks are an extremely important part of any long-term SEO strategy.  To reiterate, social media is not a ranking factor when it comes to SEO; however, posting consistently on social media and having a strong social presence can help your business in a variety of ways.

In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries, judges, and tribunals than still images by comparison. Based on years of experience in the courtroom, we have developed five tips and considerations to optimize the use of this invaluable litigation tool.

Ask any long-time HR professional what the most significant change of the last few years has been, and they’ll all tell you the same things: the use of HR technology and the investment in human capital. The two are intrinsically linked to the success of organizations in today’s economy. As the face of HR changes, so too do the methodologies used. HR technology has paved the way for streamlined operations, seamless collaboration, and data-driven decision-making. From recruitment and onboarding to performance management and employee engagement, this powerful solution empowers organizations to optimize their workforce like never before. But does all of this change truly benefit employees, HR leaders, and organizations? Let’s take a look. The Evolution of HR Technology Over the years, HR technology has undergone a remarkable transformation alongside the importance of the department. Today, organizations rely on sophisticated software systems to streamline their HR processes and enhance overall efficiency while keeping the heart of HR the same. In the early stages, HR technology mainly focused on automating administrative tasks such as payroll processing and employee record management. However, as businesses recognized the potential for greater optimization, more advanced solutions were developed. One notable evolution is the rise of employee self-service portals. These online platforms empower employees to independently manage their personal information and professional development. This shift towards self-service not only reduces administrative burden but also enhances employee engagement by providing instant access to critical resources. With the emergence of mobile applications explicitly tailored for HR functions—such as recruitment apps or performance tracking tools—accessing vital information has become even more accessible through smartphones or tablets. As we continue into an increasingly digital age with rapid technological advancements—including data analytics capabilities like predictive analytics—it’s safe to say that this evolution will persist. The future holds exciting possibilities for leveraging AI-powered chatbots for candidate sourcing or utilizing virtual reality simulations for immersive training experiences. It also holds hope for Human Resources compliance, a growing area of risk and concern for organizations. Benefits of HR Technology in the Workplace HR technology has revolutionized how businesses manage their workforce, bringing numerous benefits to the workplace. One of the key advantages is increased efficiency and productivity. With automated processes for tasks such as recruitment, onboarding, and performance management, HR professionals can save time and focus on more strategic initiatives. Alongside this shift is an improvement in data accuracy and analysis. HR technology enables organizations to collect and analyze vast amounts of employee data, providing valuable insights for decision-making. From identifying skill gaps to tracking employee engagement levels, this data-driven approach helps companies make informed choices about talent management. HR Technology for Compliance Additionally, HR technology enhances compliance with labor laws and regulations. By automating processes related to payroll calculations or leave management, companies can ensure accurate record-keeping while minimizing errors that could lead to legal issues. Challenges in Adopting HR Technology Implementing HR technology can revolutionize the way organizations manage their workforce, but it has its challenges. One of the main hurdles companies face when adopting HR technology is resistance to change. Employees may be hesitant to embrace new systems and processes, causing a reluctance to fully engage with the technology. Another challenge is ensuring that the chosen HR technology aligns with the organization’s needs and goals. With numerous options available in the market, selecting the right solution can be overwhelming and time-consuming. It requires careful evaluation of various factors such as scalability, integration capabilities, and user-friendliness. Integration with existing systems poses yet another challenge. Many organizations have legacy systems in place that need to seamlessly integrate with new HR technology platforms. This can require significant effort from IT departments to ensure smooth data migration and synchronization between systems. Data security is also a concern when implementing HR technology. Organizations must ensure that sensitive employee information remains protected from unauthorized access or breaches. This means investing in robust cybersecurity measures and staying up-to-date on compliance regulations. While there are challenges involved in adopting HR technology, they can all be overcome through proper planning, communication, training, and support from management teams. Future Trends and Predictions for HR Technology The world of HR technology is constantly evolving, with new trends and advancements emerging each year. As organizations strive to stay ahead in the competitive market, it’s essential to keep an eye on the future of HR technology. Here are some exciting trends and predictions that we can expect to see in this field. The AI of it all. Artificial Intelligence (AI) will play a bigger role in HR processes. From automating repetitive tasks to analyzing employee data for better decision-making, AI will revolutionize HR operations. VR & AR come to the table. Virtual reality (VR) and augmented reality (AR) will be used for immersive training experiences. Imagine employees being able to practice their skills in a virtual environment or attending virtual meetings from anywhere in the world. Data analytics drive strategic decisions. Data analytics will become even more crucial in driving strategic decisions within organizations. With advanced analytics tools, HR professionals can gain valuable insights into workforce patterns, engagement levels, and talent acquisition strategies. A mobile-first world. Mobile-friendly applications will continue dominating the HR tech landscape as employees increasingly rely on smartphones for work-related activities such as accessing payroll information or requesting time off. Employee well-being takes center stage. Employee well-being technologies will take center stage as organizations recognize the importance of promoting physical and mental wellness among their workforce. Employee data. Blockchain technology may find its way into HR systems, ensuring secure storage and verification of sensitive employee data like certifications or performance records. Personalization is no longer optional. Personalization will be key when it comes to delivering tailored experiences for candidates during recruitment processes or providing customized learning opportunities for employees’ professional development. Gen-Z pulls focus. Gen Z-focused tools and platforms specifically designed to cater to younger generations entering the workforce are likely to emerge as companies adapt their practices accordingly. As these trends unfold, it’s clear that technological innovations have immense potential when it comes to transforming traditional human resource management practices. How HR Technology Can Drive Organizational Success HR technology has revolutionized the way organizations manage their human resources. With advanced software and tools, companies can streamline their HR processes, improve efficiency, and drive organizational success. One key benefit of HR technology is its ability to automate time-consuming tasks such as payroll processing and employee onboarding. By automating these processes, HR professionals can focus on more strategic activities that contribute to the overall success of the organization. Another advantage of HR technology is its ability to provide real-time data and analytics. This allows managers to make informed decisions about talent acquisition, performance management, and employee engagement. By having access to accurate data, organizations can identify trends and patterns that help them optimize their workforce. HR technology has the ability to change the way HR departments function within an organization, but it has to be done in a way that makes sense—and that is often not up to the HR leaders, unfortunately, but other decision-makers within the company. Collaborating with the people using these products will yield greater results in terms of implementation, ROI, and understanding. HR Technology Is Your Friend, Not a Foe The evolution of HR technology has been remarkable, with advancements in artificial intelligence, predictive analytics, and cloud-based platforms revolutionizing the HR industry. These innovations have enabled businesses to automate processes, gain valuable insights into their workforce, and make data-driven decisions. All of the benefits of adopting HR technology are evident across various aspects of the workplace. Improved efficiency in recruitment and onboarding allows organizations to attract top talent quickly and seamlessly integrate them into the company culture. Performance management systems help managers provide regular feedback and coaching, leading to increased productivity and employee satisfaction.

Even though online marketers seem to come up with new strategies almost weekly, email marketing remains one of the most reliable and profitable forms of online marketing. As social media continues to grow and content marketing techniques dominate SEO methods, email marketing continues to show a strong track record and high rate of success. If your law firm wants to get the most out of email marketing, though, it’s important to do everything you can to create campaigns that maximize lead generation and minimize costs. Email serves as a powerful direct communication channel that enables your organization not only to pinpoint potential leads but also to foster meaningful relationships with them, ultimately guiding them toward conversion into valued customers. Here are eight essential tips that will help you to do exactly that. Don’t Overcomplicate Email Marketing One of the biggest causes of failure with email marketing is simply overcomplicating the whole process. Compared to other digital marketing techniques, email is pretty straightforward and easy to understand. Whether it’s going to ten people or ten thousand, the bottom line is that you are just writing an email. Writing a good email message is going to do more for you than any other “trick” you might come across. 1. Use Relevant Subject Lines Subject lines have the potential to make or break an email campaign. In an email message, the subject line serves the same purpose as the headline on an article. It’s a big factor for drawing clicks. The pivotal moment when your audience decides whether to open your email hinges on their assessment of the subject line. While you can’t guarantee that any email gets opened, you can almost guarantee that people are going to see that subject line in their list of new emails. Make sure the subject line of the messages you send are relevant, interesting, and most of all, they tell the reader what they can expect to see if they open the email. If you’re giving away an eBook, putting on a webinar, or have something else of value for your readers, don’t try to be overly creative and surprise them. Put it right in the subject line and get them excited to see what’s inside. Enhance the effectiveness of your subject lines by making them actionable. Instead of a generic phrase like ‘New eBook,’ infuse a strong Call to Action (CTA) into your subject line. For instance, ‘Download our new eBook’ not only informs your audience about the content but also encourages them to take immediate action, directing traffic to your other platforms. 2. Keep Designs Clean Sloppy design and formatting can make someone close your email just as quickly as they opened it. It gives an instant impression of a lack of professionalism and can drive away leads that would have otherwise converted. If you are running a do-it-yourself campaign, you should strive to keep things as simple as possible. Write your messages the same way you would write any other email and don’t try to be too fancy with anything. Consistency is key when it comes to follow-up emails. By keeping them consistent in terms of color scheme and layout, you reinforce your brand’s identity. Consider incorporating your company’s logo into the email design as well; not only does this add a touch of professionalism, but it also establishes a visual connection between your brand and the content of the email. If you’re looking for a bit more than a plain black and white email message, you can hire a professional designer to create something for you or check with your email service provider to see if they have ready-made templates you can use. 3. Strive for Easy Readability Every email message your firm sends out needs to be easily readable and digestible. You should use large, clear fonts that readers won’t need to squint to see. Make sure the body of your message is easy to scan, just like you would a blog post. Make important points bold, or use bullet lists to make them easy to see. Above all, ensure that your call to action (CTA) is prominently displayed, starting right from the subject line, and seamlessly integrated throughout the email body. Utilizing action-oriented words like ‘attend,’ ‘register,’ or ‘read’ not only creates a clear and compelling CTA but also guides your recipients towards taking the desired actions you intend them to. Write your messages assuming that the recipients will be reading it while they are doing something else like commuting to work or waiting in line. This will help you to streamline your messages and make sure that you’re highlighting the most important information. Ensure that there is an easy way for the reader to actually complete the action after the email. Including hyperlinks within the email can streamline downloads and attendees. 4. Define the Purpose of Each Email Complete email campaigns can be made up of just a few individual messages or a few hundred messages. Either way, each individual message should have a clearly defined purpose as it’s put together. With one message you may want to educate the readers about a certain area of law. With a different message, you might be trying to get people to sign up for a webinar. Or you might be trying to drum up some attention for your social media presence. Whatever it is that you want to accomplish with each email message, you should have that purpose in mind right from the beginning and stick to it as you go through the process of creating the message. Details That Can Make a Difference Going beyond the basics of just writing a good email message, there are several things you can do to make each message more effective. By keeping an eye on some of the less obvious details, you can tune your messages and campaigns to continually get better results over time. 5. Use Specific Targeting No matter how big or small your email list is, you’ve probably got more than one audience under the surface. Some subscribers might be older while others are younger, and there are probably people interested in the different types of services that your firm provides. If you separate each of these subgroups and market to each of them with messages designed for their specific interests, you will be much more successful at converting leads. Using specific targeting strategies allows you to send the right message to the right people at the right time. This can lead to higher open rates, click-through rates, and most importantly, conversion rates. 6. Write Engaging Content Just like blog posts, if you want people to read your emails, the content has to be engaging, relevant, and interesting. Everything should be coherent, not a mismatch of random topics just there to fill up a page. Short and interesting articles in your emails will get your readers back to your website, your blog, or wherever else you’d like to direct them. Remember, the key to engaging email content is to provide value to your recipients. Make sure content meets their needs, interests, and preferences, as this will increase conversion rate. 7. Test Your Messages Even if your campaigns are doing well, it’s important to keep testing new ideas. You never know when you’ll come across something that can boost your returns even more. Most email service providers will allow you to conduct A/B testing or split testing. The basic idea is that you can send out two similar messages with specific differences, like the subject line or the wording of a call to action and see which generates a better response. When the test is complete, you can pick out the characteristics of each batch that worked the best and use those to improve future emails. When conducting A/B testing, it’s crucial to methodically test one variable at a time to isolate the specific impact of each change. Typically, you can experiment with elements such as subject lines, call-to-action (CTA) buttons, images, and send times. This approach ensures that your test results yield statistical significance, providing valuable insights. Over time, these tests serve as a valuable tool for refining your email campaigns and enhancing their overall effectiveness. 8. Analyze and Tune The most important thing to remember is that email marketing is not a “set it and forget it” kind of thing. You should regularly monitor things like open and click-through rates to make sure everything is going as planned. Sometimes just a small change in content can take your messages from people’s inboxes to their spam folders. If you’re not watching what’s going on, results could be disastrous. At the same time, you may need to make changes to keep open rates stable. If people start to think they’re just seeing the same thing over and over again they will understandably lose interest Takeaway: It doesn’t matter if your firm is just starting out with email marketing or if you’ve been doing it for a long time. Law firms of every size and type can benefit from an integrated email strategy.

Customer Relationship Management (CRM) systems have proven to be pivotal tools for numerous industries, and the legal sector is no exception. As law firms ramp up their marketing initiatives this October, it’s crucial to understand how a robust CRM system, bolstered by high-quality data, can elevate their marketing efforts. Importance of CRM in Legal Marketing Streamlined Client Interactions: A comprehensive CRM system captures every interaction, such as calls, emails or meetings, ensuring lawyers and their teams remain informed and can tailor their approach to individual client needs. Targeted Marketing Campaigns: By leveraging client and prospect data from CRM, law firms can create segmented marketing campaigns. For instance, a campaign targeted at clients seeking real estate legal advice in the fall can be distinctly different from one aimed at businesses looking for corporate legal services. Referral Tracking: Many lawyers acquire new clients through referrals. With a CRM, it’s easier to track which referrals come from where, enabling firms to focus their marketing efforts and appreciation on their most valuable networks. Data Quality: The Bedrock of Effective CRM For a CRM system to be effective, the quality of the data fed into it is paramount. Here’s why data quality is critical: Accuracy and Relevance: Ensuring that client data is accurate is vital. Incorrect contact details can lead to missed opportunities, while outdated information can render marketing campaigns ineffective. Enhanced Decision Making: Quality data enables law firms to glean actionable insights, from understanding which services are most sought after, to identifying the most influential referral sources. Personalization: In the age of digital marketing, personalization is key. Accurate and up-to-date data ensures that marketing campaigns resonate with their intended audiences. For instance, recognizing that a client has recently started a family business can lead to tailored communications about legalities related to family enterprises. Integrating CRM and Data Quality into October Strategies Incorporating CRM insights can refine each of the October marketing strategies mentioned above by: October Starter Webinar or Workshop: Use CRM data to identify topics that have been frequently discussed or queried by clients over the past months. This way, you can create content that directly addresses the pressing needs and concerns of your clients. Consider sending out pre-webinar surveys, leveraging CRM to select potential attendees and tailoring your content accordingly. By aligning your webinar or workshop topics with real-time data, you not only ensure relevancy but also boost engagement rates. Participate in Local October Festivities: Identify and reach out to potential clients or networks using CRM segmentation. By understanding the demographics, interests and preferences stored in your CRM, you can choose festivities that will best resonate with your target audience. Ensure your presence at these events is optimized for the clients you aim to serve. October Synopsis Newsletter: Include an item addressing common questions or issues stored in the CRM. This is a great way to demonstrate that you’re actively listening to your clients. Personalize the newsletter based on the data segments. For instance, for corporate clients, provide insights into upcoming legal changes that could impact their businesses. This proactive approach, fueled by CRM insights, establishes you as a thought leader in your domain. Strategize Ahead: Use CRM analytics to predict future client needs and craft early bird offers accordingly. By analyzing historical data and trends from previous years, you can anticipate client requirements in the coming months. Perhaps there’s a seasonal surge in certain legal queries around winter. Offer discounted packages or consultations related to those specific services. This preemptive approach positions your firm as both insightful and client centric. Revitalize Your Digital Footprint: Embed CRM feedback or client testimonials to make your website and social media more authentic and relatable. Positive feedback and testimonials can serve as powerful trust signals for potential clients. If, for instance, a client praised your swift response time or detailed consultation in the CRM feedback, highlight such commendations on your homepage or in your social media campaigns. By incorporating real client experiences, you humanize your brand and reinforce your credibility. Forge Ties with Autumn-centric Businesses: Use CRM to identify businesses that are active during the fall and approach them for collaborations. By understanding which businesses peak during the autumnal months through CRM analytics, you can offer specialized legal packages or workshops tailored for them. By deepening the integration of CRM insights into these strategies, legal professionals can craft more intuitive, targeted and successful marketing initiatives for the seasonal shift. With a focus on data quality, law firms can ensure that their marketing strategies are not only timely but also personalized, efficient and effective.

Generative artificial intelligence (AI) can be a powerful tool to create and enhance advertising campaigns, but it is important to ensure that the ads are legally compliant. Generative AI, a type of AI that can create new content, including text, images, video, audio, code, and simulations, has become increasingly popular for use in many industries, including advertising. However, there are a myriad of legal issues that can arise when using AI to create ads. Many advertisers, advertising agencies and public relations firms are now using AI chatbots such as OpenAI’s ChatGPT, Microsoft’s new Bing search engine and Google’s new Bard chatbot to brainstorm ideas for ads and advertising campaigns. Using AI merely to help brainstorm new ideas presents some legal risks. However, using AI to create ads, either in whole or in part, presents numerous legal risks. Here are some guidelines to follow when creating ads using AI to help reduce some of the legal risks. 1. Document the Creative Process Used to Create Ads When Using AI Under recently published guidance by the U.S. Copyright Office, works created with the assistance of AI may be copyrightable as long as they involve sufficient human authorship. The Copyright Office has stated that “it is well-established that copyright can protect only material that is the product of human creativity.” According to the policy statement, works created by AI without human involvement cannot be copyrighted because they do not meet the human authorship requirement. “When an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship’ are determined and executed by the technology—not the human user.” However, a work containing AI-generated material may be copyrightable, such as when a human selects or arranges “AI-generated material in a sufficiently creative way that ‘the resulting work as a whole constitutes an original work of authorship.’” Therefore, advertising that is created solely by AI is not entitled to copyright protection in the United States. There must be sufficient human involvement, which should be documented. A best practice is to document how the advertising was created, such as by saving the history of the prompts used, subsequent steps taken to modify the prompts, steps taken to modify the output, and other ways in which the advertising was created. Copyright protection for advertising created with AI varies by country. In the United Kingdom (UK), advertising and other works created solely by a computer can be protected. The UK Intellectual Property Office has stated that “computer-generated works without a human author . . . are currently protected in the UK for 50 years.” The European Union (EU) is less clear. It has stated that an AI-generated work “could qualify as a work protected under EU copyright law on condition that a human being initiated and conceived the work and subsequently redacted the AI-assisted output in a creative manner.” When there is no copyright protection for advertising created by AI, companies may not be able to enforce their rights over others if the advertising is copied, even if it is blatantly copied. 2. Review All Claims to Ensure That They Are Truthful, Nondeceptive and Substantiated Advertising created by AI is subject to the same false advertising rules as all other advertising. The Federal Trade Commission (FTC) prohibits advertising that is false, misleading, or unsubstantiated. False advertising is also prohibited under state and local laws and can result in law enforcement action by the FTC and other federal agencies, state attorneys general, and local district attorneys, as well as lawsuits by competitors under Section 43(a) of the Lanham Act and lawsuits by consumers, including class actions. The remedies for false advertising consist of cease-and-desist orders, injunctions, monetary penalties, and/or corrective advertising. In addition to monetary penalties, financial losses from false advertising can include fines and attorneys’ fees; the cost of defense; the cost of replacing existing advertisements, displays and packaging; the cost of fielding consumer complaints; the cost of issuing refunds; and the loss of sales due to damage to consumer trust. FTC Chair Lina Khan has stated that the FTC will be taking an active role in ensuring that the rise of AI does not violate consumer protection and antitrust laws. In a guest essay in The New York Times, she wrote: “As companies race to deploy and monetize A.I., the Federal Trade Commission is taking a close look at how we can best achieve our dual mandate to promote fair competition and to protect Americans from unfair or deceptive practices.” Additionally, objective claims for products and services must be true, nondeceptive and adequately substantiated. AI chatbots can make up facts that may seem plausible but are not true and generate misinformation. According to an article in The New York Times, “because of the surprising way [AI chatbots] mix and match what they’ve learned to generate entirely new text, they often create convincing language that is flat-out wrong, or does not exist in their training data. A.I. researchers call this tendency to make stuff up a ‘hallucination,’ which can include irrelevant, nonsensical, or factually incorrect answers.” Advertising created in whole or in part by AI can contain hallucinations and other misinformation. Of course, claims for products or services based on AI hallucinations are likely to be false. Consequently, it is important that advertising created by AI be carefully reviewed to make sure that it is not false, misleading, or unsubstantiated. 3. Be Careful to Avoid Copyright Infringement Many AI chatbots are trained by analyzing huge amounts of data from the Internet. Advertising created by AI reflects this data. In some cases, the output of AI can include identifiable portions of the training data. When such outputs are used to create advertising, there is a risk of infringement of third-party copyrights by reproducing copyrighted material without permission. Advertising created by AI may also constitute a derivative work of copyrighted material, which also creates a risk of copyright infringement. Specifically, if the advertising created by AI is too similar to a copyrighted work, the advertising may violate the Copyright Act or foreign copyright laws and expose the advertiser to copyright infringement claims. The difficulty is that because users of AI are not aware of all the copyrighted material on the Internet (and used to train the AI), users may not know how similar the advertising is to a copyrighted work and may publish infringing advertising. Even if this does not give rise to copyright infringement claims, it can cause significant damage to the advertiser’s reputation. Advertising created by AI should be carefully reviewed to ensure that it does not infringe third-party copyrights or result in reputational damage to the advertiser. 4. Be Careful Not to Use an Advertiser’s Confidential Information for Prompts Prompts are the queries that users input into an AI system to generate an output. Prompts can be used by AI software for training purposes to improve their models. Users should be careful to avoid sharing confidential or sensitive information when creating prompts, since AI systems can incorporate the prompts to generate outputs for other users. If an advertising agency, a public relations firm, or an employee of an advertiser uses the advertiser’s confidential information in prompts to create advertising with AI, this could result in liability based on a breach of confidentiality. Likewise, if a prompt uses a company’s trade secret, providing that data to an AI model could result in the information losing its trade secret protection. If a prompt uses information subject to the attorney-client privilege or work product doctrine, that information may lose its privileged status due to waiver of the privilege. Prompts that contain personal information can raise privacy law compliance obligations. There are United States and EU requirements regarding notice, consent, and data rights, such as the rights of individuals to access, delete or correct information. Many states have stringent consumer privacy laws, such as the California Consumer Privacy Act (CCPA), which was strengthened as of January 1, 2023. The Children’s Online Privacy Protection Act (COPPA) applies to the online collection of personal information about children under 13 years of age. In the EU, companies must comply with the General Data Protection Regulation (GDPR) when using AI tools. The GDPR covers the use of personal data to train, develop or deploy AI. 5. Review the Terms of Use of the AI System Companies using AI to create advertising should review the terms of use of the AI system to understand the ownership and other rights involving the prompts and the output generated by the AI system, such as advertising. For example, OpenAI’s Terms of Use provide: As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, OpenAI hereby assigns to you all its rights, title, and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. OpenAI may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms. These terms apply to all OpenAI products, including ChatGPT, GPT-4 (OpenAI’s most advanced AI model) and DALL-E2 (an AI system used to create images and art from text inputs). Since the AI system may have rights to use the output, the system may reproduce the same or similar content for another user. This can result in copyright infringement claims and reputational harm based on plagiarism. 6. Establish AI Usage Policies for Employees Considering the risks when using AI to create advertising, advertisers, advertising agencies and public relations firms would do well to develop AI usage policies for employees. If a company permits its employees to use AI to create advertising, there should be protocols for the use of AI tools and for review of the advertising before it is published. Specifically, the usage policy should contain guidelines for employees to seek approval to use AI to create advertisements and to use AI for other purposes. The guidelines should also cover what the review process of the advertising will entail, including higher-risk areas that employees should be aware of when using AI to create advertising. It is important for employees to understand that they should not use AI to create advertising unless they are permitted to do so by their employer. For example, the guidelines could prohibit employees from using AI tools for advertising unless approved by the legal department. 

Dan Martin, Trial Consulting Lead at IMS Consulting & Expert Services, shared his predictions concerning the types of trial technology that attorneys soon will be seeing—and using—in the courtroom and in online trials. When Dan Martin first started in the trial consulting profession 25 years ago, the practice of videotaping depositions was still fairly novel. Today, not only are many depositions videotaped, but their capture is often accomplished remotely. The attorneys Dan partnered with in the ’90s were still arriving at trial laden with graphics printed on large boards, a presentation medium that, while not forgone, has largely been supplanted by video displays. He has seen Ultra HD (4K) video slowly begin to take the place of plain old HD, which took the place of standard definition…and so on. Once satisfied with 2-dimensional graphic images, clients are increasingly requesting 3D animations. And the swiftest legal technology transformation Dan has witnessed took place about two years ago, when legal proceedings through the use of Zoom technology began to be conducted online. Innovation in Trial Technology As a trial consultant expert at IMS Consulting & Expert Services (one of the largest litigation support firms in the world), Dan has his fingers on the pulse of the courtroom technology industry. He and his colleagues typically are not only among the first to offer new technological tools to law firms, but they also play a role in the development of these innovations and are very often the catalysts for their widespread usage in courtrooms. When asked about courtroom tech and media trends on the horizon, Dan predicted we will continue to see a widening frontier in trial graphics that mirrors technological innovations taking place all around us. Dan shared, “My guess is that we’ll begin to see some level of augmented reality and virtual reality technology make its way into courtroom displays available to juries. To me the question is how ubiquitous that technology will become in the coming years. Lots of courts provide jurors with their own individual display monitors. It’s not farfetched to assume that jurors will be reaching down for a headset in five or ten years.” Augmented and Virtual Reality Augmented reality (AR) and virtual reality (VR) are similar in that they enable people to experience 3D images virtually, but there are differences between the two technologies. AR adds virtual images to a real-life setting, while VR replaces the real-life setting with a completely virtual reality. They could walk around the structure and examine it from every angle. VR, on the other hand, might be used in an environmental case, for instance, to allow jurors to fly over the scene of a contamination site, and thus, gain a sense of the scope of damage. Holograms Dan offered another prediction too: “We’re probably not far off from seeing hologram technology come to the courtroom. It’s pretty exciting to think of all the potential applications for storytelling, and ultimately as a teaching tool. Imagine using holograms to present an anatomy tutorial in a personal injury case or to spin a chemical compound around in front of a jury box in a biopharma patent case.” Holographic technology is similar to AR technology in that they both can be used to bring a nonreal 3D object into a real-life space. They differ in that holograms are created by a process that uses a split laser beam and photographic plates and AR is created digitally. Also, the resolution of a hologram is lower than that of an AR image; however, the hologram has an advantage in that it can be seen with the naked eye, meaning no headsets are needed. 3D Animation While Dan is excited to see these innovations appear in the courtroom, he said the high-tech tools his graphics team already has at its disposal, in most cases, relay information to jurors just as effectively. “In addition to traditional trial graphics and simple 2D animation, 3D animation continues to be an amazing tool. We’ve used 3D for years to teach concepts, to put forth a version of events, or provide the lay of the land. Now we’re seeing apps that use LiDAR-type scan data to quickly develop objects in 3D space. Anyone can play with this stuff,” he continued. Dan was referring to the new LiDAR sensor feature that is available on iPhones versions 12 Pro and up. LiDAR stands for light detection and ranging, and this technology uses waves of light pulses to generate information about the shape of an object or objects within a scene. A person with an iPhone can now download a scanner app, scan any object or scene with their phone, and then bring that scan into a 3D program (such as Blender) and use the information to create a 3D image for screen or to create a tangible model. The 3D image created by an iPhone can even be placed directly into a PowerPoint program. Using the morph feature within that program, the object’s movements can be displayed in a series of still slides—thus allowing jurors to see the image from every angle—or the object can be entirely animated on one single slide. Drone Footage Dan and fellow IMS Trial Consultant Andrew Buckley recently created an internal presentation entitled Camera Obscura: A Peek Inside the Black Box of Media Production at IMS. This demonstration contained drone footage of a swamp that was remarkably crisp and clear, so our viewers felt like they were actually there. When asked if drone footage of that caliber is rare within the trial graphics industry, Dan responded: “Anyone filming in 4K video these days, and most are, can achieve crisp imagery. What sets our drone videos apart from that of other trial consulting firms is the level of artistry, the viewpoints that we are able to capture. In order to create high-level drone footage, you need a skilled pilot who possesses the sensibilities of a professional photographer-videographer. At IMS, we happen to have a great one: my colleague Andrew Buckley.” Challenges to Consider Adopting New Technology While state-of-the-art display methods are widely used by law firms and their clients, including during online trial proceedings, some courtrooms may be a bit behind the times. “Your new tech is only as good as your display, and in terms of display equipment, lots of courts are stuck in the past,” Dan revealed. “We graphics people love our color-corrected 4K monitors and widescreen presentations, but the hot seat operators—the people who have to deal with actual tech in the courtroom—are often dealing with outmoded courtroom equipment with different parameters and are trying to fix things on the fly.” Dan gave two reasons why courts are sometimes slow to adopt recent technologies. The first is that they need to be absolutely certain innovations will not be unduly persuasive. Second, initially, new technology is very expensive, and courts may have little incentive to upgrade. “We are always going to design for the highest quality,” he said, “but we still need to be able to display those graphics in a courtroom that has old-fashioned equipment. They’ll be high quality, just not at their full potential. And the truth is, we’re not designing solely for the courtroom. Leading up to trial, graphics preparation aids the attorneys in their strategy development. Sometimes it’s the power of a great presentation that leads the other side to decide to settle.” Connecting Messages With Media The arsenal of display tools trial consultants and graphic designers have available to them has grown immensely and will continue to do so. But just like a power drill will not do the job of a tweezer, no tool is intrinsically superior to another. Each has their own purposes, and some are better suited than others to relay particular messages to jurors. “We never put the media before the message. We help tailor the presentation to the narrative and the strategy. It’s that alignment that keeps jurors alert and intrigued.” Dan and his team consider several factors when making determinations about the mediums to use in a legal matter. They make their decisions based on the key points that are crucial for jurors to receive; the testimony styles, capabilities, and preferences of attorneys and witnesses; and the cost. Our trial consultants and designers often have the luxury of being able to choose between several display alternatives—all of which are capable of effectively doing the job. Get Ahead of the Curve The only constant in life is change, and that adage is particularly true when it comes to trial technology. When AR, VR, and even holograms one day hit the courtroom, Dan and his trial consulting and graphics teams will be ready to utilize them. They ever invest in new technological tools, become proficient in their use, and share them with their attorney partners.  The one thing that never changes is Dan and his teammates’ overarching goal, which is to ensure attorneys are optimally positioned to win cases.

The word “disruption” triggers heavy, often negative, images or connotations. Almost no one likes disruptions, such as not being able to go to work due to illness or Netflix lagging due to bad internet as you’re trying to watch Lucifer. And even over the past two months, the lives of millions of people have been disrupted due to war and conflict. The instability and uncertainty that are generated by disruption can be extremely unsettling. But as much as we fear and dislike disruption, there’s also plenty of reason to enjoy and even celebrate disruption. That’s because the definition of disruption is a break in the status quo, or some interruption in the normal way of carrying out some activity. In other words, there’s no reason why disruption must always be bad. There are many cases when disruption has been a force of good that has greatly enriched the lives of everyday, ordinary people. The definition of disruption is a break in the status quo, or some interruption in the normal way of carrying out some activity. Artificial Intelligence (AI) is frequently described as a source of disruption, and that it will steal the jobs of hard-working individuals. It is true that AI is a disruption, but before you cave in to all the fear, uncertainty, and doubt (FUD), don’t forget that AI is a source of positive disruption. What the naysayers often leave out is that AI is not just a positive disruption capable of greatly improving peoples’ lives, but it’s a game-changing innovation. What Is Innovation? In general terms, innovation can be described as creating something that generates value. To complete the loop, the amount of value generated often depends on how innovative that something is. Innovations can occur with both emerging as well as time-tested tech. An example of the former might be augmented or virtual reality, while cell phones and smartphones are an instance of the latter (keeping in mind that telephones were invented in 1876). It’s also possible that an innovation can be the result of combining both emerging and established tech. Types of Innovation When it comes to innovation, there’s no “one-size-fits-all” definition. Just like we mentioned that innovation can appear from emerging tech, established tech, or a mix of the two, there are also several types of innovation. Some are small steps that build off of previous ones, whereas others are massive, life-altering, game-changing leaps (you know, “One small step for man, one giant leap for mankind”). There are many ways to categorize innovation. But one of the simpler approaches is to think about it as if it were a graph. On the y-axis, you have the “newness” of the technology. In other words, how young and novel it is. On the x-axis, it’s the impact the product or service will have on the market. With both axes set, you can divide the graph into four main quadrants: incremental (low newness, low impact), sustaining (low newness, high impact), radical (high newness, low impact), and disruptive (high newness, high impact).

Lawyers and professional services providers: Do you want to thrill your clients, customers, prospects, and other contacts (CPs)? If so, either become “ultra-responsive” or at least consider leveling up your responsiveness game and tool kit. The fact is this: In this current hybrid work world, the expectations, platforms, and tools available for and components of responsiveness have changed considerably! Studies show that many CPs now expect, want, and may need to reach a lawyer or other professional instantly, or receive some type of response “right away”—and by right away, CPs mean in less than one hour. Don’t believe me? Ask your clients, including (but not limited to) the general counsel, in-house counsel, C-suite executives, deal makers, referral sources, internal professional staff members, and other professionals you serve and work with. Decades of studies and surveys have shown (and continue to find) that the #1 complaint CPs have about lawyers (and other professionals) is their lack of timely responsiveness. This lack of timely responsiveness applies to ALL lawyers, whether a plaintiff or defense firm, and whether serving individuals, corporations, nonprofits, or any other entities, and applies to many other professional services providers too. Lack of timely responsiveness leaves CPs feeling like you are too busy for them, they are unimportant, they/their matters are not a priority or important to you, and generally are unwanted and/or unloved. Plus, lack of timely responsiveness threatens lawyers’, law firms’, and other professionals’ existing client and other relationships, reduces your new business pipeline, and can negatively impact future growth. The standard response time in the legal industry to get back to a CP used to be within two hours, but now it’s more like five minutes! Why? Because most CPs seek to contact a lawyer due to a stressful, important, or urgent situation/matter. Most CPs these days (especially C-suite decision-makers, business owners, and entrepreneurs) are in a hurry, need legal advice/service fast, and don’t have a lot of time to waste waiting—for anything. What Is the Number of Rings (and Total Time) Before Your Voicemail Picks up When Someone Calls Your Office and Cell Phone? If any of your phone lines make a caller wait for more than 15-30 seconds before your voicemail picks up, you have a problem. Many hard-driven professionals and clients are in a hurry, are short on time, and do not want to wait for a minute or more before they can leave you a voicemail (if you don’t actually answer within three rings, which is optimal). Check your setup now and minimize the number of rings before a personalized voicemail greeting picks up. The maximum number of rings should be five (but ideally, three). Do You Have a Personalized Voicemail Message on Both Your Office and Cell? You should take the 5-10 minutes needed to personally record a short and sweet voicemail recording on all your phones. Include the name and phone number for your assistant or someone else in the firm whom a caller can contact if they have an immediate/urgent issue. Return calls within three hours. Work with your secretary/assistant to have him or her return your calls within three hours if you are unable to return them yourself. If you are too busy, don’t think it’s important, feel as though you are too important and high ranking or simply don’t have time to record a personalized voicemail greeting, then (and only if it’s truly necessary) ask an assistant to record one for you, but be sure it’s short and optimized. If you have not recorded a personalized greeting on both your office and cell, consider doing so now. What Secure Messaging Options Do You Have and Use? According to the Legal Trends Report published annually by Clio, many CPs (especially younger ones) would rather text or email their lawyer than talk on the phone or face-to-face. They prefer not to call your firm or meet with you in real life. Most of us in the legal industry know that standard text platforms are not very secure, and while Google Voice provides a free forwarding number and texting through an app or browser, it may not be very secure either. So, ask yourself: Are you using stand-alone and secure messaging apps like Signal or What’s App for business? If not, ask your clients whether they would like secure messaging as a communication option. Does Your Website Have a Chat or Contact Us Option That Is Staffed Regularly? If your firm has a chat or “Contact Us” feature on your website but no one checks it or responds regularly to inquiries and questions, consider improving your process. If your firm does not have a way for CPs to contact you on your website, create one ASAP and be sure to respond in a timely manner (i.e., as close to “right away” as is possible). Optimize Your Email Email Response Time—Now that “right away” is the new standard, ask yourself: How long (minutes/hours/days) does it take for me to respond to 1) what I perceive as important and urgent emails, and 2) the emails I receive that I do not perceive as important or urgent? Use Your Assistant/Professional Staff: Arrange to give your primary assistant access to your email (not the contents of the email, just the occurrence of incoming emails), and train them regarding how to respond for you. For example, “Sue is in court all day today. Please let me know if your email is urgent, and I can text her. Thank you.—Assistant Name, contact info.” Use OOO (Out of Office) Messages: If you are a lawyer or other professional who does not currently practice a disciplined, daily email approach, or if you are super busy and not always able to check and read your email at least once a day (ideally four to five times daily, based on CPs’ expectations and “need right aways” as described above), consider creating an OOO message and then use it every day. For example, “Thank you for your email. Due to my workload, I only check my email twice a day, at around 8 am MST and 3 pm MST. If you need to reach me urgently, please (either) call my cell _______ or contact NAME (assistant/backup) email, phone.” Check Your Email Signature: Ask your clients whether your email signature is received in their inbox as an attachment. If so, streamline and optimize yours. The email firewalls in many (especially large) companies and organizations either block images or convert email signatures into images, which is a small but frequent annoyance to clients because they are not sure when an attachment is substantive, especially when they are on the go, using their cell/mobile. Your Presence on and Use of Social Media Platforms, Especially LinkedIn: Is your LinkedIn profile optimized? If you don’t think LinkedIn is a valuable tool and you don’t spend a lot of time on LinkedIn, check out the great two-part article, “Why Lawyers Need LinkedIn” by Ross Fishman. If you are not using LinkedIn to research, keep in contact, and stay in touch via its LinkedIn messaging feature, you are missing out. Don’t let the “I’m too busy” excuse impede your responsiveness as described above (and ultimately your success). The fact is, if you have a job (and even those who don’t have a job but raise children or care for a family), you are busy almost ALL the time.  We all need to force ourselves to make time to schedule and do these types of very important yet not necessarily urgent tasks so that we stay in tune with the times. Or, maybe hire a virtual assistant to help. 

What Should the Legal Industry Expect? With new technologies frequently surfacing during an eDiscovery review, it is time for legal departments to take a deeper dive into blockchain so they can be prepared for what is to come. Legal professionals are aware of what blockchain is and may even use this technology for some business functions like smart contracts or payment for services via cryptocurrency. However, blockchain is still evolving and there are many unknowns about how this technology operates and what role it will play in both the legal industry and general business. Blockchain—The Basics Blockchain is a complex type of distributed ledger technology that the legal industry is still learning about. A few important distinguishing features include: Users can record transactions over a distributed network that is very secure. Identities of the individuals involved in a transaction are not disclosed. The network can be either public or private. The transactions are permanent. The blockchain also creates a recorded transaction history that users can access, but never alter. Third-party facilitators are unnecessary. An established protocol instructs computers on the network about when a transaction is verified and should be added to the ledger. This is commonly referred to as mining and is the only way a transaction can become a permanent part of the blockchain. All of these features make blockchain appealing to individuals wanting to carry out secure transactions where asset ownership is permanently recorded without the need for a bank. It will only continue to gain popularity and continue to branch out to other areas besides virtual currency. Especially if smart contracts gain more acceptance, legal departments will start to see increasing exposure to blockchain technology with their corporate clients. P  redicted eDiscovery Implications Just as with any emerging data source, litigators need to be ready for collection and review hurdles that blockchain could impose. As more businesses utilize blockchain, it will pop up as discoverable electronically stored information (ESI) in cases and investigations. To prepare for this, legal departments should anticipate potential challenges, develop new protocols, and keep informed on new blockchain developments. Being able to advise corporate clients about what to be mindful of when deploying or encountering blockchain technology and accounting for this in information governance plans will limit eDiscovery issues in the future. The first step is to anticipate what will be easy and what will be challenging when dealing with blockchain as a source of ESI during litigation. Blockchain data contains several features that are attractive to litigators. The fact that the transactions are permanent and do not allow for editing ensures that a party cannot tamper with any relevant blockchain ESI which can limit the time spent on eDiscovery disputes (like spoliation) and aids with data authentication. However, the fact that blockchain transactions conceal identities makes it difficult to prove that a party or other person relevant to the case participated in a certain transaction. Legal departments should account for extra costs and time to track down proper custodians, establish identities, and decode blockchain transactions. Utilizing experts and AI-powered solutions may help accelerate this process and yield efficient results. These resources could provide methods to strip anonymity from transactions that are relevant to litigation. Additionally, when collecting blockchain data, lawyers need to prepare for any obstacles or unique methods they may need to deploy. Whether the data is easily exportable will highly affect collection practices. From what we know about blockchain, this may be an easier task than anticipated. The fact that the transactions take place over a secure network should make collection an easier feat than some unstructured data like chat messages or various dark data sources. Still, it is important to talk about blockchain collection with a legal department’s eDiscovery vendor to understand the process and plan eDiscovery workflows. Information Governance Considerations Even though the data contained in a blockchain transaction is reliable, there will definitely be more steps and new considerations—especially as the technology matures. As such, when a party needs to authenticate blockchain data as evidence for a case, they should expect to utilize additional resources and encounter evidentiary roadblocks. To avoid expending unnecessary resources, it is important to weigh the cost benefit of using this data as trial evidence. Organizations should account for these costs and concerns in their litigation readiness plans. To be proactive, legal departments should start talking about blockchain and resulting information governance considerations with their corporate clients. Taking this approach aligns with the current trend of taking a more business-centered approach with legal transformation efforts and ways to be more efficient. Besides accounting for blockchain in litigation readiness plans, organizations should have policies around using blockchain for internal and external business purposes. Updating data classification and mapping protocols will also help better manage these transactions if they become discoverable ESI in a future case. Other helpful actions include monitoring new blockchain developments, providing training opportunities to staff, and seeing how courts handle future blockchain eDiscovery issues. It is important to remember that how this technology influences litigation will change as legal departments discover best practices for eDiscovery workflows pertaining to blockchain. Therefore, it is crucial to keep track of any case law and court rulings on blockchain and eDiscovery to help refine practices. Just as lawyers have recently seen the courts respond to eDiscovery obstacles and arguments pertaining to AI usage, blockchain questions will undoubtedly follow.