15 minute read
Using Internet Research to Get to Know Your Prospective Jurors
by Miles Hutton
With the rise of social media, there is now a great deal of public information existing on the internet about many individuals. As part of jury selection, this information can be gathered and analyzed to provide attorneys with a much fuller, richer picture of a prospective juror than would be attainable through voir dire alone. This article guides you through how professional jury consultants, such as those at DecisionQuest, can aid the process.
CAN’T HURT TO ASK
The best way to maximize a thorough background internet search on each prospective juror is by getting the jury pool list several days in advance. Therefore, it is important to ask the judge or the court clerk if he or she will be willing to provide this list to you early.
GO BEYOND SOCIAL MEDIA
Social media sites such as Facebook, Twitter, LinkedIn, Instagram, and YouTube, along with a cursory Google search, can provide valuable information on prospective jurors. However, it’s important to go further to uncover more potentially useful information that exists on the web about a particular individual.
Searches can be conducted on public websites that give information about a person’s family members, political party registration and campaign contributions. Public websites can also be used to obtain pictures of the person’s home and valuation of his or her property. Many trial consultants then supplement the information found publicly on the internet through an online subscription database that gives information about bankruptcies, liens, civil cases in general, criminal history, professional licenses, and incorporation filings.
AVOID INADVERTENT COMMUNICATION
The ethical rules governing attorneys’ conduct prohibit ex parte communications with prospective jurors and members of a sitting jury. Bar associations around the country have expressed different opinions as to whether the generation of an automated message to the prospective juror because of an attorney or jury consultant searching him or her constitutes an ex parte communication.
Regardless of the rules in a particular jurisdiction, it is better to avoid the ethical quandary of a consultant inadvertently sending a prospective juror such a message. To avoid this possibility, research should be conducted anonymously and use privacy settings so that the prospective juror never knows that his or her information has been searched.
THINK AHEAD
Before conducting searches, full juror profiles should be created for both the plaintiff and defense, i.e., a list of the demographic, experiential and attitudinal characteristics that are indicative of whether a person will likely be receptive towards either the plaintiff’s or defense’s case.
Once these profiles are created, lists of topics to be on the “lookout” for can be created. These “positive” and “negative” factors produce insight in terms of whether each fact found is indicative of someone who will likely be more receptive to your side or the other side’s arguments at trial.
It is also useful to be on the alert for characteristics that indicate which prospective jurors will likely lead during deliberations such as those individuals with advanced degrees, management positions at work, jobs that involve public speaking or those with expertise with issues involved in the case or prior jury service.
When finding information about a prospective juror on the internet, it is typically not useful to indiscriminately save everything. As a better alternative, jury consultants typically create a summary sheet for each prospective juror, which contains only the information that is judged to be useful for jury selection based on the juror profiles that were created prior to conducting the searches.
At the clients’ request, jury consultants can analyze the internet search results (along with any information provided on a written juror questionnaire, if applicable) to provide an overall rating of the juror in terms of the likelihood of him or her being receptive to your case arguments.
CONCLUSION
If done improperly, internet research can turn out to be a “headache” that takes up a lot of your time from reviewing the unorganized voluminous information found without much positive gain. Performed correctly, internet research on prospective jurors can greatly enhance your chances of seating a jury that is receptive to listening to and appreciating your case arguments. n
Miles Hutton is a Senior Consultant in DecisionQuest’s Boston office. Dr. Hutton works with high-profile clients on case evaluation, strategy development, venue studies and juror profiling. He has consulted a variety of cases throughout the country including insurance, contract, patent, securities, pharmaceutical liability, white-collar crime, antitrust, asbestos, and toxic tort matters.
3 Ways to Use Content to Create Relationships with Your Referral Network
by Lindsay Griffiths
As a lawyer, in addition to the network of clients and potential clients that you’ve built, you’ve also built a network of referral sources. This may be formal or informal (or more likely, both). One of the most overlooked opportunities for further developing your relationships with these sources of referrals is content—not only does it help you to get to know these sources better, but it also provides you with collateral that you can use with your primary client/potential client networks.
Before you dive into the following recommendations (and, of course, as a best practice for leveraging any relationshipbuilding activity), I suggest that you identify your goals— what are you looking to achieve and what are the key practice/ industry areas/jurisdictions that you and your firm are focused on. For example, if you really get along with an IP lawyer in London that you met at a conference once, but you’re hoping to develop more clients in M&A from Brazil, then it doesn’t make sense to reach out to the former, except as a friend.
GET INSPIRED
When we refer to content, this can mean articles, blog posts, podcasts, video, client alerts, etc. Content refers to the universe of items produced by you and your colleagues that you share with your clients, potential clients, and the legal or business community that is designed to educate them on your area of practice or industry. Use the content that your fellow members or referral sources are creating as a springboard for your own commentary—as you would with outside inspiration, cite your fellow members or referral sources and add your own thoughts on similar laws, recent legislation, decisions, etc. for your own jurisdiction that may similarly impact your clients. This highlights collaboration, as well as your own expertise. Don’t forget to then send your content back to the original authoring firm to share with their own clients as well, and to the network (if formal or semi-formal) itself to share more broadly.
SHARE REFERRAL SOURCE CONTENT
This is particularly effective when you’re in a formal or semi-formal network—take the content that other firms are authoring or producing and share that with your clients and potential clients, as well as internally with your colleagues. You don’t have to share everything but include targeted, relevant articles, alerts, etc. in your firm’s newsletters and alerts to showcase the breadth of your firm, the expertise of your fellow members, and get your clients to begin thinking regularly about referrals and multijurisdictional opportunities. Not only does this benefit others, but they may realize that because of the reach your firm has, they can come to you for work that they would have taken elsewhere. Similarly, ask if your referral sources will consider doing the same with your content.
CO-AUTHOR CONTENT
The goal with this suggestion is to reach out to one or more of your referral sources and work together on that content that you’re already producing—write an article together that showcases your expertise, co-host a podcast where you invite clients as guests, collaborate on a blog. Get creative about the ways in which you create content, which will allow you to get to know each other better, and then you can share that content externally with clients and potential clients—this not only reinforces your bond, but it showcases the breadth of your abilities as a lawyer by your access to other experts.
With so many of us still in a lockdown of some type, content is a great way to build and leverage the relationships that we have in order to showcase the breadth and depth of our reach. I particularly love the idea of two firms in a network with a shared goal starting a podcast together to interview their clients or get to know each other on a deeper level. What other creative ideas can you identify to use content to further your referral relationships? n
Lindsay Griffiths is a law firm network executive responsible for the oversight and management of dayto-day operations of the International Lawyers Network. Develops strategies and implementation plans to achieve the ILN’s goals. Responsible for recruitment, member retention, and a high level of service to members. Engages in the legal industry to stay on top of trends, both in law firms and with law firm networks.
Not All Partners Are Created Equal: A Look at Partner Compensation
by Shari Davidson
This white paper is only intended to be a guide. Each law firm is unique when it comes to compensation and organizational chart. This subject is very complex with many moving parts. No law firm’s compensation models are the same. Each law firm compensates their partners and staff based on their strategic goals and organizational structure.
Not All Partners Are Created Equal
All attorneys start their careers as associates, and many will go on to become of counsel, non-equity partners, or equity partners.
EQUITY VS NON-EQUITY PARTNERS
There are two main types of partnerships within a law firm, Equity and Non-Equity. The main difference between Equity and Non-Equity is that Equity Partners take the most risk and for doing so, get the most rewards. This typically creates a twotier compensation system for partners.
Equity Partners lead the firm into the future. They have full voting rights which include, but are not limited to, evaluating attorneys, firing, recruiting, and strategic direction of the firm.
Many law firms offer their attorneys Equity partnership and Non-Equity partnerships. An Equity Partner is an owner of a law firm. Looking from the outside, you may not be able to know who an Equity Partner is and who is not. Sometimes, law firms will differentiate by title (see below on firm titles and what they mean). • Non-Equity Partners do not have the same job security as
Equity Partners. • Non-Equity Partners have more flexibility to where and how they want to work. • Most Non-Equity Partners receive a salary instead of partnership distributions. • Non-Equity may be paid by W2 vs. Equity Partners who are paid by a Schedule K-1. Both Equity and Non-Equity attorneys can receive a base salary or draw with bonus. Again, this depends on the firm.
There are two ways an attorney can be invited to be an Equity Partner: • Buy in—Each firm has a different buy-value. It depends upon the overall value of the firm, over-head etc. Some firms will offer an attractive loan for an Equity Partner to
finance the buy-in. Each law firm determines how the buyin and buy-outs are structured. The terms are included in the shareholders agreement. • Sweat Equity—It’s just that. How much effort and business the attorney brings to the table. The value is determined by the attorney’s practice, originations, and leadership within and outside of the law firm. Typically shares or percentage points are awarded based on the lawyer’s contributions to the firm’s bottom line. This compensation is clearly defined in the firm’s bylaws.
Both Equity and Non-Equity Partners demonstrate many similar traits. Partners typically demonstrate ambition and drive, interpersonal skills, strong work ethic and leadership skills.
WHAT’S IN THE TITLE? WHAT IS IT WORTH AND WHAT DOES IT MEAN?
• Equity Partners / Member / Shareholder / Executive
Partner—Essentially these titles indicate that you own a percentage of the firm’s earnings. Many firms may not identify an Equity Partner by title. In large firms, an Equity
Partner may be forced to retire early or take a step down in title and position. Since the new 70 years young is now considered the old 50 years young, the older attorneys are leaving the large firms to continue to practice in smaller firms. • Non-Equity / Income / Contract Partners—Non-Equity attorneys usually do not bring enough business to the table necessary to be an Equity Partner. It is easier and less complicated for Non-Equity Partners to move to another firm. Equity Partners and Named Partners (Partners name on the firms door) have been known to move to other firms.
Many attorneys may laterally move to another firm taking their book of business to become an income partner. Law firms are very careful who they ask to marry, it’s all about your ability to make it rain. • Managing Partner (CEO)—A managing partner can be an equity partner, income partner, staff partner and sometimes a senior associate.
• Staff Partner—This title is given to those lawyers who have the expertise but don’t have a book of business. A
Staff Partner can charge Partner billing rates.
Clients prefer working with any partner of the firm as they take comfort knowing they have an experienced attorney advising them, not an associate. • Of Counsel vs Counsel (Also, includes Special Counsel and Sr. Counsel)—Yes, this is very confusing. Again, each firm views and defines titles and compensation differently.
One firm’s title and compensation may be very different from another firm’s.
The Bar Association provides guidelines regarding titles.
The information is directional at best, as each firm interprets the guidelines differently to suit their needs.
Generally, Of Counsel is an attorney who is employed by a firm but not as an associate or partner. Some use this term for those who are associated with the firm but are not employed with the firm.
Often the designee is a former judge or government official transitioning to private practice, or an attorney that is not an associate or at partner level, or an attorney who is getting ready for retirement.
COMPENSATION MODELS
There are two types of compensation approaches: Closed and Open. • A Closed compensation model means it is a mystery to everyone except the compensation committee as to how much each attorney makes. • An Open compensation model is transparent, all are able to review how the partners are compensated. Compensation models can be a hybrid system as there are benefits to both models. When creating a compensation model take into account the firm’s:
• Size
• Type (regional, boutique, middle market, virtual law firms to top AM200). • Approach How they bill their clients (contingency vs. retained or hybrid). Each category can have numerous subsets of how they are going to compensation the partners. Every firm designs how they want to compensate their attorneys. One approach is using the Formulaic Approach which accounts for: • Client originations—how much work one did on the case, billable hours, non-billable hours.
• Administrative and managerial duties. • Leadership, marketing, mentoring etc. The Lockstep Model is based on tenure at the firm. All equity partners are paid the same scale based on the number of years at the firm. Each year equates to pay increases automatically. This is seen in many of the top AM law firms.
This model creates transparency, stability as well as loyalty, by placing emphasis on group achievement and teamwork. A lockstep model provides certainty and benefits from diversifying opportunities and spreading risk. Lockstep does not address underperforming partners or those who make it rain.
A Merit-Based System, or modified lockstep, enables partners looking to retire to continue to fit within the structure as well as reward those who bill more hours. This is seen in some of the AM law, although mainly seen in smaller firms.
The Eat What You Kill model bases compensation on the revenue that each attorney generates. Eat What You Kill doesn’t account for referrals and developing the firm’s standing in the community and from within. Many smaller firms use this model, some AM laws and virtual law firms also use this model.
Here too, maybe a hybrid of all the above.
The Rule of Thirds or the One-Thirds Rule is a quick down and dirty way to calculate what a Partner’s book is worth and the base draw/salary they will receive. Bonus and origination credit percentages can be formulaic or negotiated.
This is how the Rule of Thirds works: • 1/3 of the attorney’s book goes to salary. • 1/3 of the attorney’s book goes to overhead. • 1/3 of the attorney’s book goes to profit.
Again, this is just a guideline. Virtual law firms may pay the attorney up to 80% of their book of business. Some smaller firms may pay the attorney 40% or higher for new business. The Rule of Thirds only looks at origination credit, not the intangibles that the attorney brings to the table.
Partner compensation is very complex and is different, varying from firm to firm. Billable hours are your friend. This is a wonderful way to measure your success in hard numbers. But there are several other factors that line your pockets.
Each firm has a list of criteria that they use to measure your contributions for compensation. The criteria may account for the size of the firm as well as the book of business you bring to the table and your leadership.
An attorney that wants to be promoted in their firm needs to know what targets they should be aiming for. Talk to the executive compensation committee and find out what is important to your firm.
If you are seeking to make a lateral move, know the law firm practice inside and out. Who are your clients, what has been your originations for the last three years. Have a marketing plan ready. Get all information you need for the lateral partner questionnaire (LPQ).
Watch out for the next white paper on making a transition. n
Shari Davidson is the founder of On Balance Search Consultants LLC. and On-Balance Life Centers. On Balance Search Consultants is a boutique search firm that specializes in finding top talent in the legal community. Shari has placed lateral partner attorneys, as well as group acquisitions and law firm mergers. And has assisted her clients in recruiting lateral associates, paralegals, and legal secretarial positions. Learn more at: www.onbalancesearch.com.
