Attorney Journals, Orange County, Volume 155

ORANGE COUNTY

Volume 155, 2019 $6.95

9 Growth Marketing Strategies and Tactics from Industry Insiders

Joe Przybyla

Law Firm Hospitality

Epiq

Millennials in Big Law: Resistance Is Futile

Content Marketing Strategy that Gets Results

Jeffrey A. Lowe

Jay Harrington

What Clients Love (and Hate) about Email from Lawyers

Laura A. Meherg

5 Reasons Why Law Firm Practice Management Structures Don’t Work

Susan Lambreth

Profitability and Client Satisfaction: Using a Pricing Pro to Achieve Both

Andrew Jillson

Law Firm of the Month

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2019 EDITION—NO.155

TABLE OF CONTENTS 8 Five Reasons Why Law Firm Practice Management Structures Don’t Work

by Susan Lambreth

10 Law Firm Hospitality

by Epiq

12 Community News

14 Nine Growth Marketing Strategies and Tactics from Industry Insiders

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

by Joe Przybyla LAW FIRM OF THE MONTH

CREATIVE SERVICES Penn Creative

16 Burris Law, Santa Ana Extending the Meaning of Family Business

CIRCULATION Angela Watson

by Dan Baldwin

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Andrew Jillson Laura A. Meherg Jay Harrington Susan Lambreth Jeffrey A. Lowe Shannon Murphy Joe Przybyla WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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16

22 Content Marketing Strategy that Gets Results

by Jay Harrington

24 What Clients Love (and Hate) about Email from Lawyers

by Laura A. Meherg

26 Millennials in Big Law: Resistance Is Futile

by Jeffrey A. Lowe

30 Profitability and Client Satisfaction: Using a Pricing Pro to Achieve Both

by Andrew Jillson

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Are Your Practice Groups Working?

5 Reasons Why Law Firm Practice Management Structures Don’t Work

by Susan Lambreth

I recently got a call from a firm that wanted to talk about changing their practice management structure. They had questions about how to improve the selection and accountability of the practice group leaders (PGLs) and whether their current structure was working and other models to consider.

While those can be valid issues to address, in most cases, that is not the real cause of an ineffective practice management structure. Here are the most common reasons:

q

Failure to get partner buy-in and to communicate clear roles and responsibilities To have a functioning practice management system means significant cultural changes in most firms. It means that partners need to commit significant time to group activities, not just focus on their individual practices. They need to be willing to work toward group goals and put the group and firm goals above their own individual interests. They have to be willing to “be managed” in some ways, i.e., giving up some of their individual partner autonomy. However, partners cannot be expected to fully buy in to practice management if they do not know what will be expected of them, the practice leaders, and firm management under the new structure. In most firms, effective practice management is critical to the firm’s strategy, profitability and overall success. Thus, most partners are 8

Attorney Journals Orange County | Volume 155, 2019

willing, even excited, to buy in when they fully understand the connection and believe the firm strategy is compelling—not to mention that it is a more rewarding (financially and in terms of collaboration) way to practice. Many of the firms I have been brought in to help improve their practice management operating over the past 25 years had rolled out a structure, new leaders and roles, but never really gotten partner buy-in.

In those cases, in a few years (could be 3 to 10), when they realize it and try again, the best people for the leadership roles have often either burned out or burned bridges (a subject for a future blog all its own).

w

Rolling out a new practice management system without aligning the compensation incentives to support group goals and performance, rather than “lone cowboy” activities The compensation system must reward the activities involved in practice management such as working toward the group’s

goals, sharing work and resources, working on group projects and targets, etc. If all partners see is an emphasis on individual performance (production and business generation—“personal numbers”), there is no incentive for them to participate and, in fact, there can be a significant disincentive to spend time on group activities if it takes away from the time for their individual practice.

e

Starting the practice management structure with only the marketing and business development functions and hoping to evolve to the other critical functions like intake, work assignment and financial management While BD and marketing are critical functions of any practice structure, trying to have practice groups focus on marketing or BD without the other related functions that affect it is a prescription for failure. Literally dozens of law firms in the U.S. tried this, particularly between the early ’80s and late ’90s and failed. Practice groups were expected to develop marketing plans and implement them—without authority over the other critical areas that affect success in bringing in clients— its differentiation through recruiting, training, workload management and lawyer development, innovation, research and development, and more.

r

Thinking the firm can evolve slowly to an effective practice management structure While all firms should carefully implement practice management with planned and measured steps that fit their strategy and culture, a common mantra in some firms is “evolution, not revolution.” What they really mean is that they have been unable or unwilling to deal with the tough issues of achieving partner buy-in so they are going to take baby steps toward implementing practice management. Usually this means that they are unable or unwilling to vest any authority in the practice leader to deal with the critical aspects of running a practice group such as intake decisions, financial performance of group members, work assignment and staffing. Basically, the practice leaders do not have the authority to deal with the issues which threaten the individual autonomy of the firm’s partners.

In every firm I have seen that did this, they never achieved the benefits of practice management until they fully empowered the groups and their leaders to function like business units.

t

Reluctance of firm management to hold lawyers accountable Practice management only works if the lawyers are held accountable for their commitments, including helping to build the practice. If some practice groups are performing well and making strong contributions to the firm’s success and others are not­ —and management does not deal with the underperformers—morale can drop dramatically, as will long-term commitment to practice group activities. The same goes for underperforming partners. All practice groups and all lawyers need to be held accountable for contributing to implementation of the firm’s strategy and to the firm’s performance standards. When practice groups work well in firms, the practice group leaders help firm management by holding the lawyers within their groups accountable. Practice leader roles are not ones where the leader is primarily an advocate or cheerleader for the group with firm management at compensation or other times—that is one of the best ways to fail as a practice leader. When firm management has established a culture of holding partners accountable, then a practice group leader who is accountable for the financial performance of the group, as well as other measures of success, will typically hold his or her group members accountable.

Naturally, there are some people who are better practice leaders than others but many more can be effective in these roles when there is partner buy-in across the firm to the practice group structure and to working toward group goals. Few can be effective in a firm that does not have that buy-in (usually only those who control a lot of business can affect people through that power). Also, while there are more optimal structures for practice management, there is no “one size fits all” structure that is suitable for every firm. There are almost as many models as there are firms.

Almost any model will work if you have three things: •

• •

High levels of partner buy-in to practice management functions and “being managed” (vs. complete autonomy—particularly over areas like intake and associates they use); Strong accountability, and; Clearly defined roles and responsibilities—for leaders and partners.

Susan Lambreth is a founding Principal at LawVision and is nationally recognized as one of the top leadership, practice group and project management consultants for law firms. For over 25 years, she has helped law firms of all sizes improve their profitability and enhance their lawyers’ leadership and management skills.

Attorney Journals Orange County | Volume 155, 2019

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Law Firm Hospitality

by Epiq

Picture this: A law school graduate walks into the law firm’s lobby. She’s a little nervous.

She walks up to the receptionist, who takes a moment to look up at her. “Can I help you?” she says. She’s not trying to be rude, but she’s busy and doesn’t recognize the visitor.

The woman tells the receptionist she’s here to see one of the partners. The receptionist phones the attorney’s administrative assistant, tells her they will call for her when they’re ready, and nods towards a chair. The woman is thirsty after a long trip but decides not to ask for water. When the admin comes to direct her to the partner’s office, he introduces himself but says nothing else.

When the law firm offers her a position the following week, they are disappointed that this graduate with the 4.0 grade point average and president of Harvard Law Review decided on a smaller firm in the next building. When they asked her why, she said she appreciated the interview, but was honest about feeling unwelcome.

Now picture this instead: A year later, two young entrepreneurs walk into the same law firm’s lobby. They’re a little nervous too, a little loud, and casually dressed. The same receptionist rises and walks around her desk 10

Attorney Journals Orange County | Volume 155, 2019

to greet them by name. She quickly calls the partner’s assistant.

He’ll be just a few minutes, so she offers them water and tells them that they will serve coffee and tea in the conference room.

She offers to take their jackets.

The assistant arrives promptly and shakes their hands, sincerely asking how their commute was. When he shows them back to the conference room, there are coffee, tea, and snacks. During the meeting, one of the young entrepreneurs has a problem connecting on her phone. The assistant promptly calls IT, who quickly fixes the problem. Another hospitality professional keeps the drinks hot and the snacks topped off.

When the meeting is over, the assistant thanks them and takes them back through the office to the receptionist, who is ready with their jackets. She asks if she can validate their parking slips, and if either of them would like a bottle of water to take with them. Both staffers warmly wish them goodbye by name and say they hope to see them again.

The law firm failed to impress the star recruit the year before.

This time they sign two of the hottest young entrepreneurs around. The partner was the same. The law services were the same.

What was different was the white glove hospitality service, which creates unique, memorable, and one-of-a-kind experiences for valued visitors.

What is White Glove Hospitality Service?

Hospitality can make or break signing a new client, retaining an existing one, or recruiting rising legal stars. White glove service is first and foremost professional. Highly-trained teams present themselves to guests with professional appearance, speech, and behavior.

Well-trained teams do not just focus on the mechanics of getting the job done. They think about how to make the guest feel good—and that translates to a positive experience with your entire firm.

Team members trained in white glove hospitality service: • • • • •

Provide the best hospitality service in the legal industry Build authentic connections with visitors Create amazing experiences for your guests Deliver personalized services to proactively fulfill requests Are attentive to visitor needs

• • •

Are patient friendly, knowledgeable, and service-oriented Take ownership of the visitor experience Exceed guest expectations

Training is the Key to Law Firm Hospitality Most pricing professionals are aware of numerous ways to face-to-face, customized instruction is key to comprehensive training. By tailoring the training, instruction can be adjusted to meet the specific roles and responsibilities for the firm’s onsite employees. For example, some hospitality employees have additional responsibilities like mail or print.

By training teams in-person, instructors can offer one-toone observations and feedback for all trainees. This ensures consistency of service for all reception and hospitality staff. It is key to work with a strategic training partner to review specific needs of each office, implement office hospitality processes and procedures, and update best practices.

A well-trained hospitality staff equipped with white glove training is a competitive differentiator that will set firms apart to clients, prospects, and future hires. n Editorial provided by Epiq. Epiq, a global leader in the legal services industry, takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Learn more at www.epiqglobal.com.

Attorney Journals Orange County | Volume 155, 2019

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COMMUNITY news n The OCBA Masters Division is pleased to announce Mark Minyard will serve as the 2019 Chair. His one-year term began Jan. 1, 2019.

Minyard is Managing Partner of Minyard Morris LLP in Newport Beach. He limits his practice to Orange County Family Law matters.

He has been recognized by Super MARK MINYARD Lawyers and Super Lawyer Top 50 Orange County Lawyers each year since its inception in 2004. Mark is one of only three family law attorneys in California who are Fellows in the American College of Trial Lawyers. He is also a fellow in the American Academy of Matrimonial Lawyers.

Mark is AV Peer Review Rated (the highest rating)

by Martindale.com, has been listed in the Preeminent Bar Registry for 25 years, and is a Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization. n Newmeyer & Dillion LLP is pleased to announce that partner Leonard Polyakov has been named the firm’s General Counsel. Len will report to the Managing Partner, Executive Committee and other senior level management as it relates to the firm’s governance, policy and risk management. “The LEONARD POLYAKOV creation of the General Counsel role several years ago was an integral, proactive approach to our strategic growth and success,” said Managing Partner Jeff Dennis. “Len will undoubtedly excel in this new role and we are grateful to have him as Counsel.”

Len is a partner in the Newport Beach office of Newmeyer & Dillion, concentrating his practice in the areas of business, construction, land use and insurance litigation. In his new role, he will leverage extensive experience representing clients in complex business litigation, including trade secret disputes, intellectual property matters, and unfair trade practices. “It is my honor and privilege to serve as General Counsel to a group of outstanding attorneys. I will work hard to prove worthy of their trust in me,” said Len on his appointment. Len earned his B.A. from the University of California, Los Angeles and his J.D. from the University of Southern California.

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Attorney Journals Orange County | Volume 155, 2019

n Attorney B. James Pantone was sworn in as the Incoming President of the Orange County Trial Lawyers Association at the 56th Annual Installation & Awards Program on January 26, 2019. Pantone has dedicated his career to advocating for injured victims, including in the areas of product liability, wrongful death, B. JAMES PANTONE catastrophic injury, premises liability, general negligence and construction law. He has served on the Board of Directors for OCTLA since 2004. n Troutman Sanders LLP has promoted Christine Byrnes to partnership. Byrnes represents clients in connection with the financing, development, acquisition and restructuring of energy projects, including in connection with the negotiation of tax equity partnership and lease investment structures.

CHRISTINE BYRNES She has negotiated financing and commercial agreements for both lenders and developers, including debt and equity financing documents, letter of credit facilities and joint venture agreements. Byrnes has also represented a number of clients in Shari’ah-compliant finance and investment transactions, including private equity acquisitions, real estate transactions and working capital facilities. n John S. Gibson, Partner at Crowell & Moring LLP, was honored as Lawyer of the Year at the Thurgood Marshall Bar Association’s 2nd Annual Gala & Installation Dinner on January 19, 2019, at the Avenue of the Arts Hotel in Costa Mesa.

JOHN S. GIBSON

n The law firm of Balestreri Potocki & Holmes is pleased to announce that Anthony Chalifoux has been named a Member of the firm. Chalifoux joined the firm as an associate in 2011 and attained Senior Attorney status in 2018. As a firm Member, he will continue to represent a wide variety of clients in civil litigation and transactional matters with a particular emphasis in intellectual property law.

ANTHONY CHALIFOUX

n Trutan & Tucker, LLP announced the promotion of five attorneys to partnership. Alan Fenstermacher specializes in land use and regulatory issues, including general municipal law, handling both litigation and transactional matters for public and private clients.

Andrew primarily represents developers in the acquisition, disposition and financing of various real estate asset types, including multifamily projects, master planned communities, retail and industrial ALAN FENSTERMACHER ANDREW LAMMING RAVI MOHAN projects, and raw land.

A member of the firm’s Intellectual Property group and co-chair of the firm’s Automotive Practice, Ravi Mohan manages IP strategy and thoughtfully scales IP portfolios that attract funding. He also guides companies in IP transactional matters and assists in pre-litigation and settlement counseling. Proud Usahacharoenporn, a member of the firm’s Litigation and Trial section, handles a broad range of business disputes, including litigation regarding contracts, real and personal property, fraud, class actions, insurance coverage, business and intentional torts, unfair competition, and intellectual property. Kenneth Zielinski handles a wide PROUD KENNETH ZIELINSKI variety of employment-related litigation matters on behalf of employers, USAHACHAROENPORN including wage and hour class actions; employment discrimination, harassment, and retaliation claims; wrongful discharge; and prosecuting theft of trade secrets by departing employees. His practice also focuses on complex commercial litigation including contractual disputes and business torts. n More than 400 attorneys in San Diego are honoring Higgs Fletcher & Mack Attorney Peter Doody as San Diego Defense Lawyer of the Year on January 26 at the Omni Hotel. These 400 attorneys are members of the San Diego Defense Lawyers association. The group is focused on advancing the PETE DOODY education and professional conduct of its members who focus on civil litigation and torte defense work. Each year, the association honors a member for their advancement of the profession.

Doody served as president of the association in 2003 and continues to advance the profession with volunteer work, exceptional client representation and educating others via speaking engagements and mentoring. “It’s such an honor to be recognized by my peers for work I’m passionate about,” said Peter. “I’m humbled by the recognition and look forward to continuing to further our profession in San Diego County.”

n Sullivan Hill is pleased to announce the appointment of Robert Allenby as the firm’s new managing partner. He succeeds Christopher Hawkins, who served a five-year term as managing partner. Allenby has served on Sullivan Hill’s Executive Committee, as chair ROBERT ALLENBY of the Litigation practice group and as firm counsel to Sullivan Hill. A native of San Diego, he has been practicing in San Diego as a civil litigator for over 27 years.

Allenby has extensive experience in all aspects of litigation, with an emphasis in construction disputes, insurance coverage litigation, employment disputes and general business litigation. He has an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell and was named a Top San Diego Lawyer in 2015-2018 by San Diego Magazine.

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Attorney Journals Orange County | Volume 155, 2019

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9

GROWTH STRATEGIES AND TACTICS from Industry Insiders

by Joe Przybyla

P

rior to 2008, the legal market was experiencing a 4-6% annual growth in demand. Today, the demand for legal services has stalled at 0%, according to the Thomson Reuters’ 2018 Report on the State of the Legal Market. Combine this with the fact that an HBR Consulting survey found that corporate clients have increased their internal legal spend by 4% to cut outside counsel costs, and it appears as though independent law firms are losing their share of the market.

But the good news is, with the right strategic focus and insight, your law firm can stem the tide, raise awareness for your firm, and lock down new business.

And thanks to the insights of nine law firm marketing experts, below you’ll see their top strategies and ideas to help you grow your firm in today’s contentious legal market.

1

JOHN REMSEN JR.

Remember: Clients Hire Lawyers, Not Firms

John Remsen Jr., the President and CEO of Managing Partner Forum, suggests that the best way to secure your firm’s future is through relationships.

“Generally, clients hire lawyers, not law firms. And they hire lawyers they know, like and trust,” he explained. “Looking ahead to 2020, building and maintaining trusted relationships— especially with current clients and referral sources—will become more important than ever. It starts with demonstrating that you care by delivering great service, by knowing your client, her business and her industry. Beyond that, visit your clients on a regular basis. Break bread with your key contacts from time to time. Invest in relationships. You can’t buy them. They must be earned over time.”

2

FRANK STRONG

Increase Relationship ROI Through Technology

Founder and President of Sword and the Script Media, LLC, Frank Strong, believes technology needs to play a bigger role in relationship development and management, helping firms get 14

Attorney Journals Orange County | Volume 155, 2019

a greater ROI from their contacts. He predicts that “by 2020, most large law firms will reaffirm that relationships still matter in law firm business development, but how they manage those relationships will be heavily augmented with technology.”

For example, relationship analytics tools automatically track and measure the activity and connections of all of your firm’s relationships to determine whether your firm’s relationships are growing stronger or declining. Based on the health of your relationships, your team can then proactively manage important accounts or protect at-risk contacts from going with your competition.

3

JILL S. WEBER

Automate Processes Through Artificial Intelligence (AI)

Another proponent of technology is Jill S. Weber, the Chief Marketing and Business Development Officer for Stinson Leonard Street, and the Past President of the Legal Marketing Association. She believes law firms need to utilize AI technology to increase lawyer productivity and provide superior service.

“We’re starting to see some law firms implement what I call AI platforms. This is where processes that might have been handled manually by a team of lawyers can now be automated,” Jill says.

“They can do things via technology that reduces the time it takes to get clients an answer, significantly reduces client cost, and enables access to information 24/7. Clients will no longer have to wait for a lawyer to call them back. This technology is just beginning to develop and emerge for law firms.”

For example, the average CRM user spends 5.5 hours each week on manual data entry tasks. But through CRM automation tools like Introhive, those mundane data entry and management tasks are eliminated, increasing both lawyer and partner productivity in the process.

Introhive’s customer Fenwick & West, LLP, a Californiabased law firm with over 350 attorneys, is leveraging Introhive’s relationship intelligence and AI powered automation to increase efficiency across their marketing and business development functions. Specifically, the firm is integrating Introhive data with their CRM and financial system and using

tools like Tableau business intelligence (BI) platform and Excel to analyze the firm’s widespread data to improve data integrity, contact management and relationship intelligence. Click here to download their story.

4

DAVID ACKERT

Adopt a One-to-One Approach

David Ackert, the President of Ackert Inc., suggests that law firms need to bring it back to basics with more one-to-one marketing efforts instead of mass marketing strategies.

“The most effective revenue generation strategies across lawyer and firm demographics involve a one-to-one rather than a one-to-many approach,” David starts. “Individual business development conversations with clients and referral sources generate better results than one-to-many marketing activities like advertising and PR, with the noteworthy exception of thought leadership, which is often used to initiate one-to-one conversations on topical issues.”

5

VANESSA HILL

Take Advantage of Social Selling

As the marketing coordinator for McManis Faulkner, a major law firm in Silicon Valley, Vanessa Hill credits social media and social selling for their marketing success.

“An active social media presence is just as important as your firm’s website,” she says.

Vanessa encourages lawyers to pick a social media platform that will benefit the firm and their connections—and to stick to it. In addition, firms should help lawyers share valuable content with their connections by making content easily accessible and shareable through employee advocacy platforms.

6

MICHELE RUIZ

Create a Content Marketing Strategy

Award-winning broadcast journalist and author of “Content Marketing for Lawyers,” Michele Ruiz believes becoming a thought leader will help firms grow.

“The firms that have quality content online, and an effective social media strategy to distribute that content, are building their firm brand and their personal brand—and a strong book of business—effectively and cost-efficiently,” Michele says.

“They are also winning clients over their competition,” she adds. “Here’s the big takeaway: A content marketing strategy that is client-centric helps not only attract clients but helps retain clients.”

7

HEIDI K. GARDNER

Enable Better Collaboration

Heidi K. Gardner, a Distinguished Fellow and Lecturer on Law at Harvard Law School, sees the need for firms to bring lawyers together.

“Lawyers who collaborate earn higher margins, build trust with their colleagues, gain access to more lucrative clients, and attract more cutting-edge work,” Heidi states. “Lawyers who want to operate in this way need to share marketing and business development information with each other. Those who don’t collaborate are missing out on significant growth, revenues, and profits—and risk that their siloed work becomes commoditized.”

8

YOLANDA CARTUSCIELLO Share Your Hero Moments

According to Yolanda Cartusciello, Partner at PP&C Consulting, sharing stories of past success is the key to motivating prospects and partners.

“Tell the ‘hero stories’ about the success that sharing has brought to the firm,” she says. “Demonstrate that it has brought more money, work, and prestige to the firm. That may motivate partners, as well.”

9

JOSHUA LENON

Actively Seek Client Feedback

Joshua Lenon, the Lawyer in Residence and Data Protection Officer at Clio, knows that firm growth isn’t all about sales, it’s also about retention.

“Begin soliciting feedback formally from clients,” he suggests.

“Firms that listen to client feedback have a 30% higher client retention rate.”

And considering the fact that improving your retention rate by just 5% has been known to increase profits by 25% to 95%, listening and acting on client feedback isn’t something law firms can ignore.

WHAT’S NEXT? Today’s legal market is undergoing a significant shift. But the advice and tactics above can help your firm reach success in a struggling marketplace. So, if you’re in the process of creating your law firm’s marketing plan, consider incorporating the strategies above such as asking for client feedback, demonstrating case studies, encouraging collaboration, automating mundane processes, and more. n Joe Przybyla is the Sales Director at Introhive. Introhive syncs with your existing CRM system to automatically update client and contact records. Learn more at Introhive.com.

Attorney Journals Orange County | Volume 155, 2019

15

Extending the Meaning

OF FAMILY BUSINESS Married Attorneys Build Extended Family in Real Estate, Trust and Estate Planning, and Business Practice

by Dan Baldwin

W

hile dating at Chapman University Fowler School of Law, Ariana and Jason Burris discussed forming a practice together. That 2007 dream became a reality four years ago with the formation of Burris Law. Beyond that, the couple wanted to create a one-stop firm that treated clients and staff as members of an extended professional family dedicated to a way of doing business well-above the “turn and burn” mentality.

“We decided to practice together because we wanted to build the type of personal and professional life that we wanted for us, and that we wanted to share. We have the desire to write our own story, and not be a cog in the wheel of someone else’s story.

We want to be able to work hard, have a supportive staff, and spend time growing as a family,” says Ariana Burris, Principal and head of the Trusts & Estates practice. Jason Burris, Principal, adds, “We had the opportunity to create the firm culture that we wanted to have from the ground up. You can try to affect the culture of a firm, but when your name is not on the building you can’t control it. We have a good-hearted culture at Burris Law that we share among ourselves, with our staff, and with our clients—I think that’s paramount.”

Ariana Burris served in the Orange County Public Defender’s Office and handled appeals in the federal judicial system prior to forming Burris Law. She now assists clients with estate planning; trust preparation, execution and funding; will preparation, documentation and execution; and prep and management of an array of simple-to-complex legal services 16

Attorney Journals Orange County | Volume 155, 2019

associated with trusts, estate planning, probate and wills.

Before attending Chapman, she earned her Bachelor of Arts from Brigham Young University.

Jason Burris, Head of the Real Estate practice, has extensive experience in residential and commercial real estate settlements and transactions; business contracts and business litigation; LLC, partnership, corporate and individual entity formation and support; and a myriad of other related business legal issues with some of the most prominent real estate and business law firms in Orange County.

A self-described “deal junkie,” he says he goes into overdrive on cases to make certain he develops the right solution. “It’s different for every single client, but I push hard for clients to get into the mindset of resolution. Going to trial isn’t always the best solution for the client, but 99 percent of the time we can get the cases resolved and that should be our focus. I never want a client to throw good money after bad, just on principle.

We want them to be able to move on to the things in their lives that really matter.”

Of Jason Burris, a satisfied client, Richard Slijk, wrote.

(Jason takes) A very methodical approach to his research and discovery work. And he actively listens, a very rare quality among attorneys. He was very easy to work with. These traits afford him the unique ability to convince opposing parties, as opposed to coerce, to get results.

JOURNALS

LAW FIRM

OF THE MONTH

2019

© christopher TODD studios

Curiously to some, perhaps, the couple that planned to be and are in business together, Ariana and Jason Burris do not work that closely in the office. They describe the experience as having two practices that co-exist under the same roof.

Ariana Burris jokes that, “As a married couple, if we worked together on all cases we probably wouldn’t be married anymore. Jason’s department is the real estate and corporate arm of the practice. My area is trust and estates. There is overlap, but by and large we operate independently of each other.”

But the system they developed and perfected works and works well, as attorney Meghan O’Brien Taylor wrote.

As a fellow attorney I take who I refer cases to very seriously. The quality of the attorney I refer a case to also reflects on me. I confidently refer cases to Ariana, knowing that the good work she does will make me look good in return! I recommend anyone with estate planning needs contact her, you will get the one on one attention you deserve.

From a beginning as a couple working at the kitchen table, Burris Law has grown from just Ariana and Jason to also include two associate attorneys, an HR & Operations Manager, and two administrative staff.

The firm serves clients throughout California.

Client Focused Family Operation Both Principals always wanted to build a law firm that was different and strongly client-focused. Ariana Burris says, “We are literally a family operation. We try to be real people and be relatable to all our clients and help them find solutions to whatever ails them.”

For example, she frequently conducts business in the home or offices of her clients. She has often visited clients in their hospital room to conduct business, especially for estate planning needs. Recently she had a client who was in intensive care and desperately needed planning in place, particularly power of attorney and health care documents. She was able to help him establish his legal capacity to do so. In addition, she then made several visits to the hospital and care facilities to make sure that he was protected. The client later hired Burris Law to create a full estate plan for him and his family, which relieved a tremendous burden at a time when the family needed to focus on other personal and emotional challenges.

A client, Lauren DeLeonardis, recently wrote, I found Burris Law after seeking help with a trust for an ailing relative.

From the minute I met Ariana and Jason, I felt at peace putting the trust and estate in their hands. After my relative passed, Burris Law administered the estate in an efficient way, while being sensitive to my needs in this difficult time.

Jason Burris says that the family approach that sets them apart and gives the clients added value is derived partially from real-world experience.

“There is a quality about the lawyers in this firm that is born out of the fact that we all came out of law school at the dark depth of the financial crisis. We have knowledge, experience and hustle beyond our years. It was 18

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sink or swim in that market and you had to have the strength go out there and find work, to claw and scratch your way to find and conduct business while other lawyers sat on the sidelines thinking ‘Oh, I’m not going to do that kind of work.’ That pays dividends to our clients on so many levels—billing, managing cases, treatment of clients, and so on. We really do understand the entrepreneurial mindset.”

The one-stop shop approach developed naturally.

Many clients have a family, own property and run a business and they often need additional legal or other professional services. Burris Law is a hub for clients for everything that comes up in their lives— financial, legal, or reputation issues. Ariana and

© christopher TODD studios

The team of Burris Law with their fearless leaders, Jason, and Ariana Burris.

Jason Burris tell clients to reach out if they need a referral, a connection, or a helping hand in the community. If they can’t help directly, they have the professional contacts to find out exactly who can. “We have such a deep and broad network of other service professionals who are like-minded. We get them to the right person,” Ariana Burris says.

The couple notes that while working for others was most often a positive experience and certainly a learning experience, they didn’t have a lot of choice in their work load and travel schedule. They often felt like “marionettes” in the corporate culture. Ariana Burris says, “I just didn’t have any ownership of my work, and I didn’t see any opportunity to pursue things I wanted to do in the law. For us the trigger for me was the birth of my daughter—it’s not just me anymore. We realized that we

could set ourselves up for success by having something that’s ours that we can control and as a result we get to be involved with our daughter in meaningful ways as she grows up.”

The professional family experience is felt by members of the staff in a mentor/mentee environment. In addition to working with their employees to improve their legal and administrative skills, the couple invests time and energy in helping them through the inevitable life stresses that arise. “We want to be a meaningful experience beyond the day-to-day work. We build strong relationships and those relationships continue even when an employee or client moves on. I even get referrals now from opposing parties and their counsels,” Jason Burris says.

The couple works with their employees to help set a tone for their lives—to instill responsibility and boundaries. “We want

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our staff to have a life, to spend time with their families and not have to be living and breathing Burris Law every second of the day. We need a break every day and we think our people do, too. We have worked for firms that sucked the life out of us. There’s a better way to do it and we’re finding that way. Coming to work shouldn’t be a bummer,” Ariana Burris says.

Out of the Office and Into the Community

© christopher TODD studios

The Burris family lives in North Tustin and has lived there for nine years. They have one daughter, Cameron (age two), and a rescue dog named Wheaties, who is a frequent unofficial member of the firm’s client-greeting staff.

There is more to life than just work, a culture of work-life balance is the key to success.

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They are active in supporting the legal and the civic community. Each year the firm anonymously provides help for a family in need. They work closely with Mercy House, an organization providing housing and other services for people coming out of homelessness.

As Chapman graduates, they are involved as volunteers, donors, and mentors to the university, faculty and staff, and the students. “We wear a lot of hats with Chapman,” Ariana Burris says.

She is an active member with Wealth Counsel, an association and think tank comprised of estate planning, trust and probate attorneys, financial planners and other professionals.

Jason Burris is active with his Chapman University undergraduate and law school Alumni Associations. He serves as the Chairman of the Fowler School of Law Alumni Board; serves as a hands-on volunteer Elder with his church; and is also a prolific legal and business writer, successfully publishing articles throughout his academic and professional life.

Ariana Burris remains active with the Chapman University Alumni Association (serving as Board member and Vice President for the past four years). Her stressrelief regimen includes running marathons, half-marathons and other long distances.

Burris Law is also proving an ability to go the distance in client service. As Jason Burris says, “This might sound like a cliché, but for me it’s a thrill when you reach that moment where you look back and you see all the work you’ve put in and you say, ‘You know this person came to me months or years ago and they picked me, they paid me, they followed my advice, I created the solution and the result. And here is where we’ve arrived.’ It’s a beautiful thing. It’s like composing a symphony.” n Contact Burris Law 200 North Tustin Avenue Suite 110 Santa Ana, CA 92705 714-941-8122 www.burris-law.net

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How to Create a Law Firm Content Marketing Strategy that Gets Results

by Jay Harrington

A comprehensive strategy, which incorporates written content, guest-posting, visual storytelling, PR, distribution, and in-depth analytics is required.

L

aw firms that consistently produce high-quality content produce better business results. If you’re not convinced that content is key to improving your firm’s marketing, consider that content marketing generates three times as many leads as outbound marketing tactics yet costs 62% less, and that 74% of companies indicate that content marketing increases lead quality and quantity. Last month, I published a post on JD Supra that explored the five reasons why content marketing offers the best ROI for law firms in 2019.

But too many law firms fail to realize these benefits. They’re so busy racing to create new content that they never stop to consider the myriad ways that they can improve their efforts.

“Doing content marketing” does not start and end with running a blog, because blogging is not nearly enough to break through in today’s crowded, saturated marketplace of ideas.

To do content marketing well, a comprehensive strategy, which incorporates written content, guest-posting, visual storytelling, PR, distribution, and in-depth analytics is required. To stand out, your law firm must produce and market content that is high quality, strategic, and valuable to a defined audience.

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What Is Involved in Developing a Content Marketing Strategy?

A comprehensive, documented content strategy is crucial for successful content marketing. Yet only 37% of marketers have one, according to the Content Marketing Institute’s 2018 B2B Benchmarks report.

That’s unfortunate, because the CMI also found that 65 percent of the most successful content marketers have a documented strategy in place. While a strategy doesn’t guarantee you success, it’s certainly better than the alternative and it’s especially helpful in getting your team working toward common goals with defined tactics.

Blogging is not nearly enough to break through in today’s crowded marketplace of ideas.

If your law firm is looking to enhance its existing content marketing strategy, or create one for the first time, what follow are some ideas on what to focus on. Through years of experience working with law firms to develop content strategies, I’ve

come to learn that each firm’s approach is different, but that every plan tends to include some common elements (or at least should). Here’s what’s involved:

Setting Goals and Defining KPIs Why are you investing in content marketing and how do you define success? These are critical questions to consider but few dig in to answer them. Instead, many firms employ a “publish and pray” approach that leads to mixed results at best.

How do you define success?

For many firms, increasing brand awareness is an important content marketing goal. After all, if your firm is well known and well regarded in the marketplace, it’s more likely to be on the shortlist when clients go searching for a solution. But how do you know if your firm’s brand awareness is increasing? Leading key performance indicators to watch out for—and to define in your content strategy—include social media metrics (increased following, likes, comments, and shares) and website article views and time on site. For each content goal you set, link it to the KPIs that will allow you to measure whether you’re getting closer to achieving it.

Defining Your Audience Knowing who your clients are and understanding their needs and desires is probably the most important element of your documented content strategy. Your firm isn’t for everyone—at least it shouldn’t be if you hope to stand out—so specifically identifying who you hope to serve with your content, and ultimately your legal services, is critical.

The objective is to provoke, engage, and speak the language of your audience through your content, and that requires, first, knowing your audience inside and out.

Get granular and define audience “personas” as part of your strategy.

The best content is written with a specific person in mind (for example, I’m envisioning my reader as a senior level marketing professional within a law firm), so get granular and define audience “personas” as part of your strategy. To whom are you communicating? What is their role within a company? What challenges are they facing? What do they care about? For many firms, who produce content for many different practices and industries, this exercise must be conducted with several different audiences in mind.

Plan Your Content Mix and Incorporate Visual Storytelling Once you have a solid handle on whom you’re trying to reach, and for what purpose, determine what form your content will

take. Written content? Infographics? Videos? SlideShare decks?

A mix of all these formats? A campaign created for the purpose of driving website traffic may involve the promotion of a white paper through the creation and distribution of infographics and social media graphics. One geared toward conversion of leads may include the development of an animated explainer video that dives more deeply into the benefits of a service offering geared toward a specific audience. Mix it up.

The written word is only one way to express thought leadership, and if it’s the only format that your firm uses then you’re missing out on opportunities to reach audiences in interesting and engaging ways through visual storytelling.

Plan for Distribution Just as you can create content in different formats, there are many different channels you can publish to. These include owned properties, such as your website and blog, and social media properties, such as LinkedIn and Twitter.

One of the best strategic decisions and investments you can make is to also pursue opportunities to have your content published on earned properties, such as third-party trade journals, websites, and publications that are focused on the industry you’re hoping to reach. If your experts publish in publications that are already known, liked, and trusted by members of your target audience, they’ll grow to know, like, and trust you as well.

Establish an Editorial Calendar It’s unrealistic to think that a law firm that produces huge amounts of content can create a plan for a year’s worth of content in a single sitting, but it’s important to have a sense of what the year ahead holds.

Start thinking through how much content, and what types of content, your firm needs to produce each month to reach your goals. How many blog posts do you need? What guest posts for external publications will you pursue? How often will you create visual content, such as infographics and animated videos?

Written content, and the visual storytelling that supports it, takes time to create, so give your team a head start by creating an editorial calendar that helps head off the mad rush that so much content creation otherwise entails.

Content marketing is an incredibly powerful tool for your law firm, but to get the most out of it, it’s critical to have a documented strategy in place. The alternative is to keep publishing blog posts and hoping for the best. n Jay Harrington is the owner of Harrington Communications, a leading digital marketing agency for law, consulting, and accounting firms.

He specializes in helping law firms build engaging websites and digital marketing strategies through creative design and storytelling. Jay is author of the recently released book The Essential Associate: Step Up, Stand Out, and Rise to the Top as a Young Lawyer.

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What Clients Love (and Hate) about Email Communication from Lawyers

by Laura A. Meherg

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lients are increasingly asked to do more with less. They have greater responsibilities, have more work to do and often spend all day going from meeting to meeting or conference call to conference call. Email is often the best way to get messages to clients during hectic days, but their inboxes are on overload. Many clients estimate receiving 250 to as many as 500 emails a day. Who has the time to wade through all of that?

And more importantly, who wants to?

While we know that “one size fits one” and each client has specific preferences and needs, these are some tips (provided by clients we have interviewed) to improve email communication: •

•

•

•

•

•

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“I can get up to 250 emails a day. I need things simplified to key messages and bullet points so I can just read what is important. Attorneys can communicate more efficiently and can listen better.”

“Email is fine, but don’t let it accelerate beyond two or three exchanges. It is not a conversation. If something requires a conversation, it’s okay to send an email that says that. You should use the email to cover the essence of what you need to communicate but not to have the conversation.”

“Always take the extra time to edit email communications to make it easier on people like me who are trying to sift through hundreds of emails a day.”

“Use the subject line wisely. Let me know if something is urgent, if I need to do something (and by when) or if it’s just information and doesn’t require a response.”

“If I’m not asking for a response, I don’t need one. I really don’t need that email that says, ‘thanks’ or ‘got it.’ That just sends my email count up to 402.”

“Strive to improve on being succinct in written communication and particularly with email. It’s easier to write out everything you want to communicate, but for someone like me who is getting 300 to 400 emails a Attorney Journals Orange County | Volume 155, 2019

•

•

•

day it’s hard to read a two- or three-page email. There is a style they should try to emulate that is more business oriented and just focus on the business points and refer to an attached, more detailed memo if needed. An email should be as brief as possible.”

“If you are working on something time sensitive and your colleague, client or counterpart is expecting to hear from you at night or on the weekend, you should send the email. But if it is ordinary course of business, then delay delivery until business hours.”

“Most lawyers think the emails they send to clients are going to be the most important thing the client receives that day, and that’s just not the case.”

“I have lawyers who send me a PDF of a letter via email and the email just says, ‘Please see attached.’ What I want them to do if it is important enough to send via email is to provide a brief summary outlining the key points in the letter. Then I know I can look at the letter later or that I can file it away for future reference. It’s just about a right way and a wrong way to use email. Most lawyers abuse it.”

So, before you draft your next email, ask yourself these six questions below: • • • • • •

Why are you communicating?

What does the recipient need to know to get up to speed?

What does the recipient need to do?

What is your recommendation?

Who is the ultimate audience?

Are you being as succinct and clear as possible? n Laura A. Meherg Founded Meherg Consulting, which later became part of The Wicker Park Group.

The Wicker Park Group helps law firms establish and implement client feedback programs. Learn more at: WickerParkGroup.com.

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Millennials in Big Law

Resistance is Futile

by Jeffrey A. Lowe

N

ot since the Baby Boomers has a generation had such a profound impact on our culture, nor has our culture had such a profound impact on a generation. Born between the early 1980s and mid-1990s, millennials are the first digital generation, coming of age at a time when information— virtually all information—has become commoditized and universally accessible.

Now, the oldest millennials are becoming law firm partners and beginning to make a true imprint on the legal profession.

Rather than resisting the tide, Big Law will need to adapt in order to motivate and retain them. Here’s a hint: It’s not about the money.

Coming of Age In her seminal series of articles on millennials in Big Law, Lizzy McLellan has noted that “millennials make up the largest generational group among lawyers at large and midsize firms” and that “the numbers starkly illustrate the reality facing law firm leaders: Millennials will soon take over the legal profession in sheer numbers—and soon enough they’ll dominate leadership positions and partnerships, too.”

Like the Boomers, millennials have been vilified by the generations preceding them. Millennials are often described as “self-centered, needy and entitled with unrealistic work expectations,” Jada A. Graves wrote in U.S. News & World Report, in June 2012, and perception has changed little in the ensuing six years. However, “this unsavory list of descriptors is in sharp contrast with how this generation views themselves.

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… They don’t see themselves as entitled, they see themselves as very hardworking, dedicated and loyal,” she wrote. Like Graves, we believe millennials are no different than their predecessors, and what they really suffer from is a classic communication gap between generations. Moreover, given their unfettered access to information via the internet, millennials are arguably the most well-informed generation. They don’t think they’re lazy—just misunderstood—and they don’t seem to care what their elders think.

The vast majority of millennials are still associates whose main responsibilities are billing hours rather than business development, and the data suggests that the traditional system of leverage, with partners landing major clients and associates putting in the hours to service them, continues to produce favorable financial results. According to McLellan, 61 percent of attorneys at the top 10 law firms by profits per equity partner are millennials, and that percentage decreases as the profitability of firms decreases. However, with the oldest millennials now entering their mid-30s and nearly a decade in practice, firms are looking to elevate them into the partnership vacancies left by the significant number of Boomer retirements expected in the coming years. Given millennials’ priorities (which differ significantly from their predecessors) and the significant postrecession shifts in the way law is practiced, it seems obvious that Big Law will need to get creative in how to accommodate, retain and elevate its largest and arguably most leverageable group of attorneys.

2018 partner compensation survey Earlier this year Major, Lindsey & Africa (MLA) released the results of its 2018 Partner Compensation Survey, the fifth in its series of biannual compensation surveys. In addition to tracking metrics such as compensation and origination, the survey also digs deeper to understand partners’ satisfaction with compensation and their compensation systems. For the first time in 2016, and again in 2018, MLA asked partners if they would be willing to trade a portion of their compensation for other benefits, including more time off, a flexible work schedule, a cut in billable hours, better health benefits, more pro bono hours, and more time for greater career training and development.

In the 2016 survey, just over 60 percent of respondents indicated they would trade a portion of their compensation for one or more of the benefits listed above. The willingness to trade was significantly higher among more-junior partners, with 69 percent of respondents who made partner in the last five years willing to trade a portion of their cash compensation for non-monetary benefits. The 2018 survey saw a decline in the total number of respondents willing to make the trade, but the percentage of those responding in the affirmative was still over half, at 51 percent. Again, the group most inclined to do so was those who had made partner within the last five years. Included in this group were the very first of the millennial partners (i.e., those who were born in the early to mid-1980s), and while they accounted for just 3 percent of respondents in the 2018 survey, they will surely comprise a higher percentage of respondents in the 2020 survey.

The Millennial Trade-off When asked which benefits partners would be willing to trade, regardless of tenure, the greatest percentage favored more time off. Following more time off, the most-junior partners (under five years) were most amenable to trading cash compensation in exchange for a cut in billable hours, a flexible work schedule, better health benefits, more time for greater career planning and development, and more pro bono hours, in that order. These junior partners, which include the first millennial partners, are seeking the benefits that support the lifestyle and priorities its generation has identified as most meaningful—a holistic approach to personal and professional life, proclivity toward self-development and mentorship, autonomy, and a dose of reality around the rising costs of health care.

Across all levels of seniority, one-third of all partners who would trade were willing to sacrifice cash compensation for more time off. Notably, in 2018 the percentage of those willing to trade for time off increased among the two more-senior bands (11 to 20 years and over 20 years) by only 5 percent, while the two more-junior bands (six to 10 years and less than five years) each jumped 10 percent. Regarding fewer billable hours, only the more-junior bands reflected a meaningful increase in their desire to make this trade-off.

The two senior bands stayed even at about 14 percent.

The willingness to trade for better health benefits nearly tripled among the most-junior partners, increasing from 4 to 11 percent. Though not expressly stated, this seems to reflect a desire to offset the ever-increasing costs of health care and continue the push for more generous parental leave policies. The responses from mid-level partners did not change meaningfully, but the most-senior partners (presumably those more likely to be requiring health care services) reflected a slightly greater increase, from 2 to 5 percent.

Partners with fewer than five years of tenure comprised the only group to have 5 percent of its members express an interest in additional career development and training, but the percentage within this group more than doubled from 2 to 5 percent from 2016 to 2018. This is not surprising given that millennials have been vocal about finding meaning and purpose in their work, as well as aggressively pursuing “the next step.”

Motivating and Retaining Millennial Partners With millennials just beginning to edge into partnership, there is still some time for firm management to rethink and revise their strategic approach to motivating and retaining millennials—but not much. “While the millennial generation is large, fewer of its ranks are going to law school, and even fewer are enticed by the traditional law firm lifestyle.

Partnership is not the Holy Grail it once was,” according to Siobhan Handley, chief talent officer at Orrick, Herrington & Sutcliffe, in McLellan’s reporting. As the firm’s chair, Mitch Zuklie, told McLellan, “The war for talent … requires us to be more thoughtful about adapting our firms to the workplace they would find engaging.”

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Having a committed group of millennials among a firm’s partnership will be important for developing new client relationships and ensuring continued growth in the years ahead.

As law firms discovered in the late 1990s, particularly among their tech clients run by CEOs in their 20s and 30s, business leaders, particularly younger ones, gravitate toward lawyers they can relate to and who they believe share their values. Sending older partners in Brooks Brothers suits to woo clients in Silicon Valley was not a winning formula. If you believe that the demand for legal services is diminishing (a claim we have heard often but remain skeptical of ), having a new generation of partners poised to capitalize on new business opportunities will be critical.

It seems obvious that if more than half the partnership is willing to trade cash compensation for better benefits and other modifications to the traditional working arrangements, firms should pay heed. Given millennials’ affinity for technology and comfort with accessibility beyond traditional working hours, allowing a more flexible schedule or remote options would likely go a long way in providing autonomy without sacrificing responsiveness. It may also provide a welcome reprieve from ever-rising real estate costs and the jockeying among partners for prime office space.

Similarly, to assuage the desire for continued training and development, firms should continue to invest in robust mentorship programs. When effectively executed, these programs provide the one-on-one guidance, feedback-rich

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relationships millennials crave. Clear expectations around performance and promotion eligibility paired with the necessary resources are the keys to success within this group. Millennials have been clear that their loyalty is to values, people and purpose before the organization. High-touch communication and continued engagement will serve to strengthen the bond necessary for firms to continue to thrive and limit attrition.

Given these trends, we predict that our 2020 survey results will show an even more pronounced preference by millennial partners for the compensation trade-offs described above. This prediction is bolstered by the ever-growing number of attorneys opting in to lucrative, nontraditional practice arrangements that allow, and even promote, flexibility and autonomy despite record-low unemployment. n Jeffrey A. Lowe is the Global Practice Leader of the Major, Lindsey & Africa Law Firm Practice Group, the Managing Partner of our Washington, D.C., office and the leader of the Washington, D.C., Partner Practice Group. He regularly handles the most significant placements in Washington, D.C., and is widely regarded as one of the leading partner recruiters and advisors in the United States. Shannon Murphy is a Managing Director and Office Leader at Major, Lindsey & Africa for their Interim Legal Talent group, Shannon Murphy oversees business development initiatives, client delivery and recruiter leadership.

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Law Firm Profitability and Client Satisfaction: Using a Pricing Pro to Achieve Both

by Andrew Jillson

L

aw firm leaders understandably see lucrative client work as an important key to overall firm profitability. Left to their own devices, those leaders would eagerly raise rates or otherwise take steps to ratchet up the yield on work. In contrast, their clients often consider the containment of legal costs as a key component to valuable legal services. If clients were in control, they frequently would reduce rates, or seek other ways to manage down their legal bills.

While these respective objectives may seem incompatible, they don’t need to be. Hitting the sweet spot of simultaneous law firm profitability and client satisfaction is possible—it simply requires greater effort in managing the law firm/ client relationship.

In recent years, some firms are learning that achieving firm profitability and client satisfaction can be aided through the use of a law firm pricing professional. The recent Thomson Reuters paper, Law Firm Pricing Insights–Value, Profitability, and What Comes Next, provides an informative overview about this breed of professional and some of the successes enjoyed to date. Law Firm Pricing Insights makes the case for using pricing professionals to meet law firm financial objectives while growing client relationships and satisfaction.

Its review of the growth, use, and roles of pricing officers at law firms is commended for your review and will not be repeated here. But it may be worth looking at five of the more practical benefits for a law firm that utilizes a substantively empowered pricing professional:

Enhances the Understanding Between Firm and Client By already knowing the firm’s financial strategies, the firm’s pricing professional can concentrate on listening to the client to understand its objectives. Instead of acting as an advocate to convince the client that it must accept the firm’s financial terms, the pricing professional takes what is learned from the client to arrive at a solution that works for both sides. Communication improves understanding, the client relationship, and in many cases, financial results.

Brings a Bigger Toolbox to Fixing the Profitability and Value Conundrum Most pricing professionals are aware of numerous ways to price legal services. With a firm pricing professional involved, creative financial arrangements can be discussed to keep the 30

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firm/client discussions from getting bogged down. The bigger pricing solution toolbox reduces the likelihood that an impasse with the client will arise.

Can Foster the Institutionalization of Clients While working on an acceptable financial arrangement with a client, a pricing professional may see opportunity beyond the immediate engagement. Instead of the analysis being limited to a short-term pricing arrangement, the pricing professional may recognize ways the client’s fundamental requirements can be leveraged long-term. An astute pricing professional may see how it may be worth strategically investing in a new relationship in order to build a long-term one.

Lets Lawyers Concentrate on What Lawyers Do Best A pricing professional can free a lawyer to focus on client service. Once an acceptable arrangement between the firm and the client is endorsed by the firm, the firm’s backing may make it be easier for the lawyer to concentrate on achieving substantive results. While a priced arrangement does not excuse a lawyer from managing a file correctly, it can establish a clear understanding between firm and client that engenders the efficient delivery of client service.

Improves Lawyer Morale Too often lawyers are told to raise their rates beyond their comfort zone. It’s not as if lawyers don’t value their own worth, but they see firsthand the impact of being priced out of the market. The firm’s desire for higher rates versus the lawyer’s desire to not rock the client boat can amp up the pressure at the firm. By moving outside the attorney rate merry-go-round, a capable pricing professional can find a solution that satisfies firm leadership, the lawyer, and the client. A busy lawyer is a happy lawyer.

More and more law firms are turning to pricing professionals to improve the client experience and financial results. Is it time your firm does likewise? n Andrew Jillson is a founding principal of Hayse LLC, a business advisory firm that provides counsel and strategic alternatives to law firms that face transition. Hayse LLC’s analytical process and experience develops workable solutions for law firms and enables them to emerge from critical change. Learn more at: HayseLLC.com.

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