Attorney Journals, San Diego, Volume 186 by Attorney Journals

SAN DIEGO

Volume 186, 2019 $6.95

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

Andrew Jillson Law Firm Hospitality

Epiq

5 Reasons Why Law Firm Practice Management Structures Donâ&#x20AC;&#x2122;t Work

Susan Lambreth Millennials in Big Law: Resistance Is Futile

9 Growth Marketing Strategies and Tactics from Industry Insiders

Joe Przybyla

What Clients Love (and Hate) about Email from Lawyers

Laura A. Meherg

Content Marketing Strategy that Gets Results

Jay Harrington

Jeffrey A. Lowe

Attorney of the Month

Phillip Stackhouse Defending Those Who Defend Us All

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2019 EDITION—NO.186

TABLE OF CONTENTS 6 Profitability and Client Satisfaction: Using a Pricing Pro to Achieve Both by Andrew Jillson

8 Millennials in Big Law: Resistance Is Futile by Jeffrey A. Lowe

12 Community News 14 Law Firm Hospitality EXECUTIVE PUBLISHER Brian Topor

by Epiq

EDITOR Wendy Price

ATTORNEY OF THE MONTH

16 Philip Stackhouse, Military Defender, San Diego Defending Those Who Defend Us All

CREATIVE SERVICES Penn Creative CIRCULATION Angela Watson

by Jennifer Hadley

PHOTOGRAPHY Chris Griffiths

22 Content Marketing Strategy that Gets Results

STAFF WRITERS Dan Baldwin 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.

by Jay Harrington

24 Five Reasons Why Law Firm Practice Management Structures Don’t Work by Susan Lambreth

26 What Clients Love (and Hate) about Email from Lawyers by Laura A. Meherg

28 Nine Growth Marketing Strategies and Tactics from Industry Insiders by Joe Przybyla

Editorial material appears in Attorney Journals as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journals. Attorney Journals makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journals is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2019 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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

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 6

Attorney Journals San Diego | Volume 186, 2019

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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Millennials in Big Law

Resistance is Futile by Jeffrey A. Lowe

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. 8

Attorney Journal San Diego | Volume 186, 2019

… 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.”

Attorney Journal San Diego | Volume 186, 2019

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

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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COMMUNITY news n Wingert Grebing Brubaker & Juskie LLP

is proud to announce Ian R. Friedman has been elevated to a partner. Friedman’s diverse practice area includes professional liability defense, business litigation and defense and prosecution of personal injury cases. He was previously named the 2016 Young Attorney of the Year by San Diego Defense Lawyers and has been designated a Southern California Super IAN FRIEDMAN Lawyers® Rising Star since 2017. Friedman joined Wingert Grebing as an associate in 2013 after graduating from the University of San Diego School of Law. n Greco Traficante Schulz & Brick is

pleased to announce Michael E. Rogaski as the firm’s new Partner. Mr. Rogaski brings over 20 years of experience and leadership in handling complex litigation matters. He is a University of California, Davis, graduate and obtained his Juris Doctorate from McGeorge School of Law where he graduated with distinction and as a member of the Traynor Academic Society. The members of the firm are excited to have Mr. Rogaski on their team and are proud of his accomplishments. n The law firm of Schwartz

MICHAEL E. ROGASKI

Semerdjian Cauley & Moot (SSCM) is pleased to announce that it has acquired Small & Schena LLP, and that attorneys William F. Small and John A. Schena joined the firm as partners. With a focus on business litigation, employment WILLIAM F. SMALL AND JOHN A. SCHENA law, intellectual property and related practice areas, Small and Schena will add nearly two decades of combined litigation experience in state and federal courts throughout California to SSCM’s extensive roster of expertise. “We couldn’t be more excited about Will and John joining our firm,” said SSCM Managing Partner Ross Schwartz. “John actually started his career with our firm in 2009 as a law clerk. When he left to join Will in 2014, we continued to work with both of them and are thrilled that things have come full circle. They are both exceptional attorneys and great people, and are a welcome addition to our team.” SSCM will continue its extensive practice in civil trial and appellate practice in state and federal courts, with an emphasis in business and commercial litigation, employment litigation and labor counseling, construction litigation, personal injury, wrongful death, product liability, officers and directors liability, professional liability, insurance defense, intellectual property, including trademark and copyright, and unfair competition litigation. 12

Attorney Journals San Diego | Volume 186, 2019

n Gomez Trial Attorneys

Partner Bibi Fell has been named as one of the three finalists for the Consumer Attorneys of San Diego’s Trial Lawyer of the Year. The winner will be announced at its 60th annual awards and installation dinner on February 22.

BIBI FELL

n Crosbie Gliner Schiffman

Southard & Swanson LLP (CGS3), announces the addition of Sean Gaffney as senior counsel. Previously with Procopio, Cory, Hargreaves & Savitch LLP, Gaffney joins CGS3’s growing real estate litigation group and will be based SEAN GAFFNEY in the firm’s San Diego offices. With nearly 20 years of litigation experience, Gaffney has represented both plaintiffs and defendants in all phases of trial work and alternative dispute resolution relating to California real estate law, including claims arising from failed real estate transactions and development projects; landlord/tenant disputes; corporate, partnership and LLC governance disputes; easements/adverse possession claims; construction and property management insurance coverage disputes; fraud/warranty claims arising from residential real estate transactions; construction defect and delay claims; and eminent domain and public/ government construction claims. Most recently, Gaffney was a member of the commercial litigation group at Procopio, Cory, Hargreaves & Savitch LLP in San Diego, where he worked for eight years. Prior to that, he practiced with Sullivan Hill for six years. Gaffney began his career with the boutique litigation firm Davidovitz & Bennett LLP in San Francisco. 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 ANTHONY CHALIFOUX to represent a wide variety of clients in civil litigation and transactional matters with a particular emphasis in intellectual property law.

n Finch, Thornton & Baird, LLP has added four

attorneys to its growing legal team. Lindsey C. Herzik has been practicing since 2015, focusing on business disputes and litigation, construction law, federal civil procedure, and antitrust and shareholder litigation. Melissa H. Rose practices in diverse areas of construction law including claims and disputes, collections, insurance defense, both private and public works litigation, and labor and employment. Thomas E. Diamond practices in areas of ADAM C. WITT construction law including claims and disputes, collections, as well as general business and commercial litigation. Cory P. DiBene practices in the areas of construction law including contractor and subcontractor disputes, federal procurement and claims, and commercial real estate. In addition, Adam C. Witt was named Partner effective January 1, 2019. Witt focuses principally on serving the broad-based transactional needs of business owners and executives, contractors and developers, tenants and landlords, and buyers and sellers of real property. His practice includes the drafting and review of a broad range of contracts; advising on real estate transactions; construction and general business dispute negotiation and litigation; and guidance on business formation, operation, and governance. Clients include real estate developers, general contractors, subcontractors, and a rich mix of both large and small business owners, investors, and lenders. 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 education and PETE DOODY 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.”

CORY P. DIBENE

LINDSEY C. HERZIK

MELISSA H. ROSE

THOMAS E. DIAMOND

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 of ROBERT ALLENBY 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 San Diego | Volume 186, 2019

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 14

Attorney Journals San Diego | Volume 186, 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 San Diego | Volume 186, 2019

Defending Those WHO DEFEND US ALL Retired Marine JAG Officer Phillip Stackhouse Fights for Service Members and Contractors Across the Globe, from His Home Base in San Diego by Jennifer Hadley

here are plenty of attorneys who say they’ll go to the ends of the earth for their clients, but Phillip Stackhouse, L.L.M. has literally done it, successfully defending service members and contractors in the U.S., Europe, the Far East, and the Middle East. Indeed, Stackhouse, a two-time Meritorious Service Medal recipient, a Joint Service Commendation Medal recipient, and recipient of the Navy-Marine Corp Commendation— who also earned the Outstanding Career Judge Advocate Award in 2006—has devoted his life to going to any length to protect others. At Stackhouse’s San Diego-based Military Defense firm, “We help service-members and veterans protect what they have earned in Courts-martial, Court-martial Appeals, Separation Boards, Review Boards, Record Corrections, VA Disability Appeals, and Security Clearance actions,” he says. “Our clients are typically active duty service members accused of allegations that range from unauthorized absence (AWOL) to drug abuse, drug distribution, aggravated assaults, sex assault/rape or murder. We also represent reservists and members of the guard who find themselves facing violations of the Uniform Code of Military Justice.” Additionally, Stackhouse assists service members and veterans needing records corrected, discharges upgraded, and those who need help obtaining or protecting their security clearances. Suffice it to say, Stackhouse is also a rare breed amongst 16

Attorney Journals San Diego | Volume 186, 2019

attorneys in that he has spent the last two decades representing service members charged with war crimes occurring in Afghanistan and Iraq—many of which have become internationally high-profile cases. Admitting that some of the cases he takes can initially appear sickening, Stackhouse is unapologetic about defending his clients, no matter the circumstances. “We firmly believe that everyone deserves the best defense possible, regardless of the crime for which that person stands accused. That belief isn’t shared by all lawyers. However, we work very hard with our clients to discover their story—because we know that none of us are defined by our worst day, or the worst thing that we have done. We are much more than that. We find that story in each of our clients, and it allows us to take the hardest, most repugnant cases. We take the cases where the government is seeking to imprison or kill the accused, perhaps unfairly.”

Seeds of Service to Others Sown Early Stackhouse’s steadfast belief that every individual is entitled to the best defense possible began taking hold when he was just a child. “Growing up, my stepfather was a public defender, and later a private attorney. From my perspective, I didn’t really understand why it appeared that

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2019

he gave so much for what seemed to be very little in return,” Stackhouse recalls. But he was barely an adult when he began to truly understand the concept of putting service before self. “I enlisted in the Marine Corps when I was 18. I was able to complete my undergraduate degree while on active duty and then serve as a Marine Infantry Officer, a profession that embodies the ethos of servant-leader. I knew when I retired from the Marines that I wanted to continue serving others in a different profession,” he says. As luck would have it, Stackhouse, who planned to attend law school using the GI Bill, wouldn’t have to leave the military to become an attorney. “I was able to take advantage of an opportunity to apply for a program in the Marine Corps wherein they would allow me to attend law school while I was on active duty in exchange for paying back that opportunity by serving additional years on active duty.” It was a seamless fit for Stackhouse, who enjoyed the nuances of practicing military law, and spent his last seven years on active duty—barring time off to obtain his Master

of Laws in Military Law (Criminal Law Specialty) and his Military Judge certification—litigating criminal cases as either a defense attorney, supervising defense attorney, prosecutor, or supervising prosecutor, trying upwards of 100 cases and resolving hundreds more. “Practicing in the military justice system is extraordinarily unique. There are different rules, the judges are military judges, the clients are military clients, the jurors (members) are military and the prosecutors are military. It is a system that is designed to move very quickly from beginning to end,” he explains. Today, as a civilian attorney working in the military courts, Stackhouse confirms that those years of experience laid the foundation for the successful launch of his private Military Defense firm, upon retiring from the USMC in 2006. However, his discipline and relentless pursuit of service to others hasn’t waned in the slightest since transitioning to a civilian attorney. On the contrary, he specifically sought to stay in the niche field, as it was not only a natural transition, but an “honor to represent our men and women in the military.”

Phil and Renée Stackhouse are both relentless in the representation of their clients.

Principle-Driven Private Practice

Stackhouse retained the principles that his career in the military instilled in him when he opened the doors to his own practice in 2006, and they remain firmly intact and adhered to by his team nearly 15 years later. “We are students of the profession,” Stackhouse says. “We either immerse ourselves in education or teach others advanced trial techniques for 3-4 weeks each year.” To that end, Stackhouse is a staff instructor at The Gerry Spence Trial Lawyer College, and presents trial advocacy courses throughout the year, including Death Penalty Seminars, and military courses such as the Air Force Advanced Trial Advocacy Course in Montgomery, Alabama. Likewise, Stackhouse studies affiliate fields, in an effort to provide the strongest defense possible for the accused. “We study outside of the law, by studying acting, psychology, psychodramatic techniques, storytelling, and other methods that help us to be better communicators.” Stackhouse and his team are also fearless and relentless, refusing to give up, no matter the charges their client is fighting. “We care about our clients. It doesn’t matter what they are accused of or what they may have done. We listen, we learn, we discover who our clients really are, and what got them to where they are today. It takes time and effort, but it’s that time and effort we are committed to for our clients. We don’t punch a clock, we work until the preparation is done and we are ready as we can be; we taskorganize a composite team of experts in the field and trial lawyers for every case so that we outwork the prosecutors and the government.” From pretrial through trial, and if necessary, sentencing, Stackhouse says that no stone is left unturned, including employing cutting-edge techniques to mitigate punishment, and seeing clients through any necessary appellate processes. Stackhouse’s discipline, experience, dedication, fearlessness and subsequent incredible results for clients have yielded him a well-deserved reputation as one of the nation’s most renowned military defenders. These talents have also thrust him into the spotlight, due to the high-profile nature of the cases he continues to take. For example, Stackhouse is currently representing Daniel D’Ambrosio, a SEAL accused of detainee abuse in Afghanistan, in US v. Daniel D’Ambrosio. He is also defending Edward Gallagher, a SEAL

Phil, Renée, and Gabriel enjoying time together in Vista, California.

accused of murder and attempted murder in Iraq in US v. Edward Gallagher, and Matthew Golsteyn, a Special Forces Officers accused of murder in Afghanistan in United States v. Matthew Golsteyn. He is also defending Tony DeDolph, a SEAL accused of killing a Special Forces Soldier in Mali in United States v. Tony DeDolph. “Cases originating out of combat zones have been defining for us. We’ve represented and are representing several men who have been accused of unlawfully killing someone in combat—in the fog of war—where leaders and the service member on the ground can’t go back and review the black letter of the rules but need to understand the spirit of the rules. The second guessing, the failure of leaders to reverse roles with the guy on the ground is repugnant to me. When we can help an infantryman, a SEAL, a Special Forces soldier or a Marine Raider who is being asked to do the unimaginable in combat and then being second guessed by their government—it gives us a cause that empowers, enlightens, and inspires. We get inspiration from helping the Nation’s warriors, who are being hung out by our government,” Stackhouse says. In many cases, Stackhouse’s efforts have not only helped his client, but have helped countless others by proxy. Stackhouse points to the strides made by Ilario Pantano, after a dismissal of charges against the Marine Second Lieutenant who was accused of shooting two Iraqi men 60 times. Since that dismissal after the probable cause hearing (on the grounds of self-defense), Ilario went on to run for Congress twice, and “is a very successful executive helping veterans around the country,” Stackhouse says. Similarly, Stackhouse recalls the gratification that came from defending service member, David H., who was accused of wrongfully killing an Afghan man in a combat zone. “It’s difficult to get to know a client 7,000 miles away, but we spent time on the phone and Skype when we could. We attended and defended David H. at the probable cause hearing and got the murder charges dismissed, but he still faced manslaughter and negligent homicide charges,” Stackhouse says. Upon returning for trial in Bagram, Afghanistan, Stackhouse was successful in showing the jury that what had happened was an accident— absence of due care—and as such, although the conviction of negligent homicide remained intact, David H. received no jail time, no discharge, and was only reduced two military ranks. “Each juror stopped to tell David that he was going to be ok. They cared, because we did our job,” Stackhouse recalls. Attorney Journals San Diego | Volume 186, 2019

Stackhouse’s empathy, ability to reverse roles to put others in his client’s shoes, and capacity for remaining calm under pressure have proven key to his firm’s steady growth, which he expects to continue into the future. “We hope to grow to 5-10 attorneys and open an East Coast office within the next five years, so that we can serve the two largest populations of service members and veterans in the country,” he says. Although Stackhouse’s life story could ostensibly fill volumes (including time spent working at the Pentagon, which he modestly describes as “an interesting time, where I worked with and met interesting people,” and his work as a legal advisor and investigator for a tragic aircraft crash, which culminated with clearing the names and reputations of the pilots after 10+ years), he’s currently enjoying the relative calm of his civilian life. “I love the law and the business of law, so my focus for the firm right now are the current cases, and business development, in addition to reading about international affairs in the locations of my cases,” he says. As for his life outside of work, Stackhouse says that the most enjoyable use of his time is spent with his wife, trial attorney Renee Galente Stackhouse, and their young son Gabriel. “We practice in the same location, so we get to spend time together most days. We help each other, we work cases with each, we push each other, and we work hard to spend all of our free time with our little boy— which is awesome,” Stackhouse says. However, in spite of his firm’s eastward expansion, and the global travel inherent in his practice, San Diego is finally home for Stackhouse. “Since 1984, I’ve lived all over, and even since retiring from the Marine Corps in 2006, I’ve moved three times. I’ve found my home in San Diego and I’m here to stay.” n Contact Phillip Stackhouse 427 C Street, Suite 220 San Diego, CA 92101 760-456-5386 stackhouse@militarydefender.com www.militarydefender.com

Attorney Journals San Diego | Volume 186, 2019

EXPERIENCE

Future Expansion from Foundation in San Diego

» ADMISSIONS • • • • • • • • • • • •

Colorado, 2014 District of Columbia, 2010 Military courts worldwide North Carolina, 2007 Supreme Court of the United States of America, 2004 Supreme Judicial Court of Massachusetts, 1999 United States Court of Appeals of the Armed Forces, 2006 U.S. District Court, District of Colorado U.S. District Court, District of Columbia U.S. District Court, District of Wyoming U.S. District Court, Eastern District of North Carolina Wyoming, 2014

» LEADERSHIP EXPERIENCE • • • •

USMC, Infantry Officer USMC, Lead Legal Advisor April 2000 Osprey Mishap Investigation USMC, Military Justice Officer USMC, Senior Defense Counsel

» TEACHING EXPERIENCE • • • • • • •

Advanced Trial Advocacy Course, USAF Judge Advocate General School Defense of the Damned, Trial Lawyers College Department of the Navy “Defending Complex Cases” Thomas Jefferson School of Law, National Trial Team Presenter Trial Lawyers College Weeks 1, 2, and 3 Trial Lawyers College Graduate Course I Trial Lawyers College Regional Programs (all trial skills)

» AWARDS, HONORS AND ACCOLADES

• AVVO Rated 10.0 (Superb) • Veteran & Military Entrepreneur Awards, San Diego Business Journal • Outstanding Career Armed Services Attorney Award, Judge Advocate’s Association • Meritorious Service Medal (x 2) • Joint Service Commendation Medal • Navy-Marine Corps Commendation Medal • Who’s Who of American Law Students • Dean’s Award, Western New England University

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Attorney Journals San Diego | Volume 186, 2019

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.

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. 22

Attorney Journals San Diego | Volume 186, 2019

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.

Attorney Journals San Diego | Volume 186, 2019

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:

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 24

Attorney Journals San Diego | Volume 186, 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).

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.

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.

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.

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 San Diego | Volume 186, 2019

What Clients Love (and Hate) about Email Communication from Lawyers by Laura A. Meherg

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: •

•

“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 San Diego | Volume 186, 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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GROWTH STRATEGIES AND TACTICS from Industry Insiders by Joe Przybyla

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.

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.”

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 28

Attorney Journals San Diego | Volume 186, 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.

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.

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.”

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.

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.”

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.”

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.”

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 San Diego | Volume 186, 2019

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