Law Firm 4.0 Blog

What law firms can learn from Banana Joe

On Monday, February 11, no one outside the dog-show world knew of “Banana Joe,” the affenpinscher who won Westminster Dog Show’s platinum crown – “Best in Show.” Two days later,the five-year old super-pooch is ubiquitous, appearing on all the major networks and in every brand name online and print news publication.

Jason Gay, the popular sports writer for the Wall Street Journal, penned an article for the February 14 issue  in the style of a call-in radio show. The article, entitled “Longtime Listener, First-Time Barker,” scripts “calls” from listeners named Snickers, Biscuit and Peanut Butter, among others, who happen to be Labrador Retrievers. (These dogs made the point that Labs are the number-one most popular dog in America – the most owned and trusted canine among all breeds.)

The Labs are in an uproar about losing at Westminster year after year, especially in light of their dominance in the popular vote.  Dog after dog gets on the line whining about how unfair it is – they even wonder if they should hire Phil Jackson to help turn it around for them. 

Then Banana Joe calls and weighs in (a/k/a/ trash talks).  When asked by the radio show host, " . . . what do you make of this whole Lab controversy?” 

Banana Joe says, “Champions win. Talkers talk." . . ." I am sick and tired of the Labs just whining on Westminster. Same goes for the golden retrievers, too.  All they do is talk . . . “

So what can lawyers and law firms learn from this? There is more talk among lawyers about business development and rainmaking than there is actual rainmaking. I do advocate effective planning, and not going out willy-nilly to try to expand your client base. But, if lawyers spent more time doing it and less time talking about it, I know the success rate would be greater. And I am confident it would be more fun.

Too much planning and talking is paralyzing. It sabotages the self-confidence that a lawyer needs to effectively engage in a conversation that will matter to a client or prospect. Find out what truly concerns your buyer, what his horizon issues are - hear his opportunities and challenges.The best rainmakers know how to gently guide and facilitate this discussion – with very little talking – so the person making or influencing the buying decision senses the lawyer’s authenticity and sees her brainpower uniquely applied to his issues. 

Let the prospect do the talking and you get to be the champion.

 

Embrace Life - The most moving YouTube video

Today's post is not about marketing and business development technology, knowledge or experience management, websites, marketing strategy, lawyers or law firms.  It's to share a link of a remarkable and powerful advertising campaign promoting the use of seat belts. 

It could be one of the finest, most moving ads I've ever seen.  http://www.youtube.com/embed/h-8PBx7isoM

Readers, please buckle up and enjoy your weekend.

2013 advice for law firms to ensure a bright future

My friend and colleague Leigh Dance published a terrific article in AmLaw Daily structured as advice for global law firms.  But most of it applies to law firms of any size.  I've linked to the article here, but I have also pulled the key points so you can scan them.

Leigh's advice comes from more than 20 years consulting to corporate legal departments in multinational companies and global law firms.  In addition, she recently conducted a major study for World Law Group with survey respondents from more than 30 countries.  Her "to-do's" are designed for law firms with international offices and how they can best serve domestic clients abroad and foreign clients at home.  For firms with local, regional and national practices, take this advice and extrapolate to find the nuggets that will work best for you.

1. Inhabit your client's world; they want you there.  "Your clients in corporations around the world are busy rethinking and reworking every aspect of making and delivering legal services. While they’ll proceed with or without you, they’d like to have their preferred firms at their side. Unfortunately many of you are simply not involved enough in their world. Their focus is not just the legal part—it’s how legal advice is sourced and delivered in the company."
   
   Spend the time and money to meet your clients on their turf.
2. Build project management tools, including financial accounting ones.  "Your clients want more certainty. Clients still love what you do for them, but many want to manage smarter so they can use you less. To nourish the relationship, your numbers must show you can deliver on your promises. Most of your firm’s financial and account management exists to give you (and The American Lawyer and the banks), productivity and profitability info. What’s in it for the client?"
   
   Clients want to know how you will ensure that you won't under- or over-deliver.  And they want to know this on the front end of a matter or engagement.
3. Use knowledge management and IT across borders to reinforce client relationships.  "Trust is a relationship thing, and your clients long ago stopped thinking of relationships as one-to-one. In multipolar business, relationships between international law firms and corporate clients are inevitably multipersonal. Across the time zones, organizational structures, legal systems, and compliance frameworks, trust is a network constructed with information and project continuity that supports good personal relationships."
   
   Law firms of all sizes struggle with client relationship and experience data.  Many are paralyzed because of inefficient processes - or even knowing what to do with the data when they capture it.  I'll write much more about this in 2013, but here are two recent blog posts that will further the discussion in your firms.  http://lawfirm4-0.typepad.com/law_firm_40_blog/2012/11/experience-management-and-databases-the-results-of-a-survey-of-cmos.html and http://lawfirm4-0.typepad.com/law_firm_40_blog/2012/02/experience-management-its-been-elevated-to-mission-critical.html 
4.  Demonstrate international know-how.  "Your firm should provide specific and compelling proof of your knowledge of laws and regulations across the diverse places where your clients are selling, buying, sourcing, or investing.  It seems so basic, but global clients say their most pressing concern in high-growth markets is: understanding local and regional laws and regulations. Hello? Big Law, step up to the plate."
   
   If your lawyers are effectively collaborating across practices and geographies, then you are heads and shoulders above your competitor firms.  This is what it takes to make your global clients happy with you and your firm. 
5. Show off your multicultural strengths.  "Since many of your clients are worldly, they can quickly discern your lawyers’ and your firm’s ability (or failure) to get things done with a diverse cultural mix of stakeholders, executives, employees, and regulators (many of whom have not mastered your language). Clients active in multiple new markets recognize that service styles and practices vary across cultures. They also know that great short- and long-distance service can be as important as technical legal skill in giving valuable counsel."
   
   Brilliant legal technicians who don't care about the human side of the relationship are not a good fit for many clients - domestic or abroad.  The human and cultural understanding are what causes firms and lawyers to get hired - and without it, fired.
   
6. Figure out what you do that's better or different and emphasize it.  "Big Law has aced the task of providing expert lawyers who speak brilliantly on their subject matter. It’s far harder, yet more important now, for lawyers to present the firm’s advantages in a way that resonates with the particular client. To do that, you need to understand better what your key clients worry most about, for the issue at hand. Is it meeting a deadline, managing a far-flung legal team, compliance monitoring, reducing costs, cross-border coordination, getting along with a prickly regulator? Only then can you present a differentiated offering that addresses the client’s specific needs."
   
   Your marketing and business development department can be a great asset here.  But, in addition to people who understand positioning and messaging, it requires effective processes and the right technology, such as experience management and proposal generation tools. 
7. Make your global brand real by aligning it with how you serve clients. "Given point Number 6, it frustrates me that many firm marketing efforts travel poorly to clients (and the firm’s own lawyers) around the world.  Global law firm branding tends to overemphasize visual identity and underemphasize how specific services and the firm’s resources are discussed with and delivered to clients. Many firms send promotional messages that don’t make sense across cultures and thus mean little to the clients you are trying to win." 
   
   Clients will see through "brand" messages that are distinctly different than lawyers' service delivery.  Ensure that your key messages resonate with buyers of legal services across all borders.  While your messaging might be aspirational, it surely won't ring true.

Here is Leigh's byline and a link to the World Law Group summary of the study. 

E. Leigh Dance is president and founder of legal services management consultancy ELD International, based in New York and Brussels. She speaks three languages fluently, and for more than 20 years has worked with global corporate law departments and law firms. The study referred to is the World Law Group Global Agenda 2012: Issues & Priorities for Senior In-house Counsel Worldwide, conducted in conjunction with LexisNexis Martindale-Hubbell and ELD International. Download the study report on home page of www.TheWorldLawGroup.com.

 

A TED Conference LMA-style - Part 1. Guest post by Allen Fuqua.

If you aren't a TED-head yet, it's time you become one.  TED Conferences are described by attendees as "The ultimate brain spa" and "A 4-day journey into the future, in the company of those creating it." 

TED stands for technology, entertainment and design - three huge subject areas that are shaping our future.  A typical TED offering is a 4-day conference, which includes more than 50 speakers and topics - a flurry of new and ground-breaking ideas in a concentrated time and space. 

The planning group for the Legal Marketing Association's Los Angeles chapter conference determined that the TED format would be more engaging and inspiring than a typical LMA conference format, and, according to Winstead CMO Allen Fuqua (who spoke at the LMA TED conference), it was.  This post from Allen is a short recap of this conference, and Part 2 will be a summary of his presentation, "The Smart Work Matrix: Helping You and Your Staff Work Smarter, Better and With Less Pain/Stress."

Guest Post by Allen Fuqua

True innovation in the law firm industry is a rarity.  And I was fortunate to witness and be a participant in it on September 28, 2012 at the Legal Marketing Association's Los Angeles CME event.

The LA group hosted a Continuing Marketing Education event based on the TED big idea format. 23 speakers spoke for 20 minutes each on a big idea about which they felt passionate.  Actually it was 17 solo speakers and 2 panels of 3 speakers each.

With an LMA Los Angeles membership of some 110 professionals, the event was at capacity with 110 people registered for attendance.  The quality of the program may have been best represented by the fact that even for the last two sessions of the day-long event, the crowd remained entranced and enthusiastic.  I had the privilege to be the last solo speaker of the day and I was impressed by the numbers, the engagement and participation of that audience that endured.

The speaker's ideas came fast and furious.  Burkey Belser launched the program by providing a different take on elevator speeches, emphasizing story, personality and personal connection. Then, speaker after speaker brought insight and application to new ideas, as well as clear thoughts around issues that needed them. Too many highlights to list them all, but they included:

1. Austin Holian - talked about membership mentality and the opportunity to bring clients closer to the law firm.
2. A great group of global law firm marketing executives discussed everything from how they define success, to the importance of progress measures, to their personal approach to managing their groups and themselves.  Truly an impressive panel to aspire to emulate. 
3. Carol Schiro Greenwald explained how our communications must be defined and limited to how the brain takes in information and how it really processes the data.  Certainly it helps explain why some things work and many others are useless.
4. Jeff Gottschalk brought the latest applications of QR codes to light transforming the idea from useless flash to potential real value.  
5. Dr.Silvia Hodges challenged the crowd to consider building relationships with company procurement personnel and to get serious about using metrics.

And on and on it went. 

The entire conference was videotaped – I encourage you to find it online at the LMA LA site once it's finally posted.

Other highlights for me included Peter Ozolin, founder and CEO of Manzama, who walked attendees through the importance of identifying content and public information without ever mentioning his own product.  Weird vendor is he.

David Freeman presented different leadership styles in a succinct manner.

Nat Slavin, Partner, Wicker Park Group, and David Fish, Business Development and Communications Manager at Jones Day, producers and directors of the event, provided energy and leadership for their panels and the overall quality of the conference.

Jonathan Fitzgarrald, CMO at Greenberg Glusker and president of the LMA LA chapter started off the event with the seminal, ground-zero story of how law firm marketing began. 

And seriously, I’m not even covering half of the content highlights.

Point is, this high velocity, big idea approach produced an experience for the Los Angeles audience, which may have set a new standard for these type of events.  I do hope other LMA chapters consider this format.  Great bang for the buck and time invested.  It keeps speakers focused, makes them less inclined to talk about themselves and provides audience members a vast array of content from which to find new opportunities for their teams and their own personal work.

Once again, kudos to Nat, David, Jonathan and the rest of the organizing committee.  Certainly time well spent.

 

Bloomberg Law video -- Law firm predictions for 2013 - opportunities for the nimble.

Kent Zimmerman, a consultant with the Zeughauser Group, was featured in an interview with Bloomberg Law's Lee Pacchia about the state of the legal industry in Q4 2012 and 2013. Using the recent Citi Private Bank Annual Survey of Law Firm Performance data, plus insights gleaned from Zeughauser Group's law firm clients, Zimmerman predicts that demand for legal services is slowing enough that law firms will have to make some hard choices.

Among other things, for 2013 he predicts:

• Lay-offs of under-performing lawyers and further reductions in staff
• An increase in the use of LPOs (LPO annual revenue reached $1 billion for the first time this year)
• Firms must get "leaner" and stay "nimble" to best compete
• There will be at least one large law firm merger
• 3-5 AmLaw 200 firms might fail
• More firms will finally embrace "what they are known-for" as their go-to-market strategy.

As dour as this might sound, it signals opportunities for firms:

• with strong leaders in place (who are given permission to have a vision and execute on it)
• that embraced "lean" in 2008 and before
• which understand that superior technology infrastructure on the marketing and business development side can both increase revenue and lower cost/headcount, and
• that are tired of talking about "the new normal" and are finally doing something about it.

Here is a link to the Bloomberg Law interview:  http://www.youtube.com/watch?v=R5b8AclrZuE&feature=youtu.be

 

Back in America

I've just returned from two weeks touring and cruising Italy, plus other countries that are on the coastlines of the Mediterranean and Adriatic Seas.  It was a great immersion in ancient cultures and centuries-old cathedrals and basilicas, combined with the joy of spontaneous, contemporary exploration and choice-making.  But this post isn't about my trip.

The first thing I did when I landed in New York was pick up the Sunday New York Times and read it from cover to cover.  As a news and contemporary culture junkie, I didn't receive enough "news" via iPhone data roaming or at-sea WiFi on my vacation to prevent me from feeling fully out of the know.

So this post encapsulates what I learned that was beyond the traditional world news headlines.  There are lessons for law firms and marketers, too.

1.    One of the more interesting headlines was "The Coffin-Maker Benchmark," a story about the drop in Africa's AIDS deaths and how the U.S. is largely responsible for it because of our foreign aid funding.  The author chatted with "mortality experts" in Africa - the coffin-makers in the street markets. He quotes one as saying, "Before a lot of people were dying of AIDS ... Now there is medication, so fewer people are dying. I'm not very happy because this is my future." 

According to the article, six or so years ago, this coffin-maker sold 20 or more coffins per month.  Now it is down to five or six.  It's an interesting and unique data point to measure the success of this American funding.

Lesson for law firms:  When you are seeking proof of your marketing return on investment (ROI), seek data from multiple sources. Your most compelling arguments for or against success may be supported by data sources that surprise you.

2.    In an article called, "Don't Indulge, Be Happy," the authors report about Gallup data collected by Princeton researchers who found that Americans are NOT happier when they make more money.  They found that $75,000 was the average number that met the "comfortable standard" test, and that more money didn't increase Americans' happiness. 

Many of us might argue with this seemingly low salary ceiling, and this isn't the most interesting part of the article.  The researchers found that Americans were by far the happiest when they shared with others, when they had enough money to give away. "It's pretty simple.  Even children feel better when they share what they have."

Having more money and indulging more -- buying more for ourseslves -- "are ineffective at turning money into happiness.  A decade of research has demonstrated that if you insist on spending money on yourself, you should shift from buying stuff (TVs and cars) to experiences (trips and special evenings out).  Our own recent research shows that in addition to buying more experiences, you're better served in many cases by buying less - and buying for others."

One of the cleverest lines I've read in a long while follows:  "Indulgence is often closely trailed by its chubby sidekick, overindulgence."

Lesson for law firms:  There is a two-fold lesson here --a)  Instead of buying clients gifts this holiday season, design experiences for them - things you can do together or that they can do with their families.  b) Increase your charitable contributions budget, pro bono commitments and civic responsibilities for 2013.  Budget season is soon upon us - be more generous and reap the bountiful emotional (and other) benefits.

3.    Are you secretly shy?  In the Cultural Studies part of the Times, an article titled "The Spotlight Dims and Shyness Sets in" reveals that comedian Chris Rock is "painfully shy."  His wife says, "At a dinner party, you want to sit next to me."

In addition to Chris Rock, the article points to former Britsh Prime Minister Gordon Brown and business leaders like former Washington Post publisher Katharine Graham, who could stand up and give speeches and lead groups of people, who could be exuberant and verbose - but who self-identified as shy.

A call-out in the article says, "Some shy people are able to find their voice after a glass of wine or with a lengthy blog post."  Have you ever wondered if the proliferation of bloggers on topics ranging from animal welfare to travel to make-up and fashion - not to mention the thousands of business and law blogs - results from secret shyness in these writers?  Truly un-shy people would rather be surrounded by people than sitting quietly at their computers. In fact, when I speak to lawyers who are naturally gregarious who want to start a blog, I caution them about the solitary nature of this ubiquitous commitment.

The article states, "Social media (with the 'social' part more remote, almost oxymoronic) can be the shy person's best friend, such common respite that it has been dubbed ' electronic extroversion.'"

Lesson for law firms:  Social media isn't for all lawyers, but it can be a remarkable fit - an effective voice - for the secretly (or unsecretly) shy.  And it is likely not a great fit for your biggest extroverts.  They'll have a hard time following through.

4.    "Estate Planning for Savvy Zombies" -- isn't that a great title?  Well, it was inspired by an Iowa Law Review article called "Death and Taxes and Zombies" written by Adam Chodorow of the Arizona State University Law School.  The essay says, "This timely academic work explores the important question of whether zombies should be considered dead for purposes of the estate tax."

"If we relax the assumption that death is, in fact, permanent" . . . (don't you love that?! Relaxing the assumption that death is permanent - ha!) . . ."it turns out that there are a lot of traps for the unwary and planning opportunities for the well-advised.  Under a rule of 'merely undead not really most sincerely dead,' a wealthy person could delay paying the estate tax upon his passing into the zombie realm; those taxes would have to be paid only after a more decisive event, like having his head blown off with a shotgun."

The article continues, "'Those with assets of more than $5 million, [the author] said, should consider becoming a zombie.'"  And, it continues, peppering in advice about vampires and werewolves.

Lesson for law firms:  Scholarly articles don't have to read like ancient treatises unearthed from a Roman crypt.  If you are a lover of contemporary culture, pepper your intellectual offerings with references that keep you and your audience fully engaged.  I am still hunting for a copy of this article and will post a link when I find it.

5.    There were two articles that referenced James Bond as a role model and teacher.  The first one was called, "Why CEOs Need a Dose of James Bond," and was an interview with Joel Babbit, CEO of Mother Nature Network.

I especially liked this next quote - and agree with it.  It's about meetings - and the length of meetings.  ". . . I believe that the majority of meetings could easily be cut to a third of what they are and accomplish much more.  People just lose track after some point, and it doesn't matter what's being said.  If you go into a meeting where somebody's talking more than 15 minutes, 90 percent of the people are looking at their BlackBerrys and not paying attention."  (I'm sure RIM would appreciate that call-out given its plunging market share.)

Babbit continues, "I've also found that the higher up you go in a corporation when you have a meeting, the shorter the meetings are.  So, if you meet with somebody who's an assistant vice president, the meeting will  be two hours.  You meet with a vice president, that's an hour.  You meet with the Chief Financial Officer, it's a half-hour.  You meet with the CEO, it's 10 minutes.  That's how it works.  By the way, you often see the same thing with returning phone calls:  assistant vice president takes four days; vice president takes two days; the CFO in one day; and the CEO calls back in 10 minutes."

So, where does the James Bond role model come in?  Babbit said that he watched "Goldfinger" 100 times, and when James Bond was working on "serious stuff, like saving the world, he always enjoyed himself.  He would have a drink every night and go out on a date and would make witty remarks in the midst of crisis.  I think that's a very good business lesson."

Lesson for law firms:  If you are or want to be viewed as a senior executive, shorten your meetings by half (or more), and return your phone calls half-again faster (or more) than you normally do. 

6.    Finally, in an article called, "Got Milk?  You Don't Need it" by super-chef/author Mark Bittman, he writes about his chronic issues with acid reflux (or GERD) and chronic heartburn.  "Although treating heartburn is a business worth more than $10 billion a year, the solution may be as simple as laying off dairy," which, he notes is free.  He also notes that it is easier to digest cheese and yogurt than it is milk in its liquid form.

Lesson for law firms:  If you suffer from chronic heartburn and you are on prescription meds, it may not be the pizza with anchovies or the Steak Oscar or the screaming senior partner.  As much as I love the "Got Milk?" advertising campaign using celebrities, you might try giving milk or dairy up altogether. 

It's great to be home and back to my blog.

 

Client service tips that will make a difference in your relationships today - from Ritz Carlton and more

Anyone who has stayed at a Ritz-Carlton property appreciates why the company is twice a winner of the Malcolm Baldridge National Quality Award winner.  And if you are fortunate enough to frequent the same hotel, the next time you arrive they make you feel like they missed you -- really missed you.

A law firm client held a panel discussion last week as part of a business development series for lawyers.  The panelists were Alexandra Valentin, Corporate Director - Leadership Center, Ritz-Carlton, Cordell Parvin, a client development training leader who was a practicing lawyer for 35 years, and me. 

Alexandra Valentin has held her position at Ritz-Carlton's Leadership Center - a corporate university open to the public - since 1999.  She spends most of each year on the road, traveling around the world talking to business audiences about how Ritz-Carlton does it - "it" being providing and sustaining exceptional quality, creating memorable experiences and guaranteeing unparalelled service.

Here are a few points from our speakers that resonated with me (in the order we discussed them):

1.    As important as guest engagement is, employee engagement is even more important at Ritz-Carlton.  Alexandra said, "We are clients of each other."  It ensures respect, even if there is disagreement.

2.    The Ritz-Carlton customer service culture is non-negotiable.  Meaning, if you don't like it or don't agree with it, find another job.  So, culture is mandatory - and learning the goals of the culture is part of everyone's job. 

Does it work?  Yes - hotel industry personnel attrition rates are as high as 65-80%.  For the last 15 years, the turnover rate at R-C has been 15%.

3.    Up and down the R-C organization, they hold short daily meetings where they talk about some aspect of the culture.  Every single day.  They believe you can't absorb it without this repetition.  This includes every person on the service staff up to and including the senior executives.

During these meetings they review what went wrong and right the day before.  They don't point fingers or blame when there are issues - they focus on the process that resulted in a problem, not the person.

4.    The employees create the company's strategic plan. 

5.    Every three years, Ritz-Carlton does a relevancy survey to ensure that they are focusing on the right things.  They keep refreshing their thinking, processes, methods.  R-C has had this reputation of customer service for decades - but these hotel employees are masters at making their luxurious properties feel both classic and new.

6.    R-C has a variety of incentive programs for its employees.  If a guest writes a letter praising the service of an employee, these "wow letters" are published and read at the daily meetings.  They recognize "5-star" employees and have a program called, "Lightening Strikes," which recognizes employees who go above and beyond.  R-C also has a "First Class Card" that employees can win for exemplary performance and service, which they can redeem for trips anywhere in the world, including airfare (and of course, complimentary stays at glorious R-C properties).

R-C does accountability and feedback sessions every week. 

7.    Cordell has followed the success stories of companies like Apple, Ritz-Carlton and Starbucks - and recommends that law firms apply elements to their work.  Find elements that can be adopted in law firm service delivery.

8.    He reviewed the websites of the AmLaw 200 firms to glean their client service commitments and found that 60 of them don't even have the word "service" on their websites.

9.    Cordell concluded by telling the audience:  "Just suppose . . . Just suppose you are the gold standard for client service in the legal industry - you are the best.  What would it look like and what would you do differently?"

A GREAT question.  It's one I am now asking myself about my company.

 

The Twitter logo: 2 years old and over-the-hill

Twitter leaders decided that the old bird was over-the-hill. And too fat.  No more tubby, toddler-appropriate tiny "Ts," either.  Logo refreshes aren't unusual, but they typically happen over decades, not months.

 

 

For example, take the evolution of the NBC logo (all the NBC logos below are the property of NBC):

             

Lightening Bolt logos - used 1931-1842.  (The NBC Chimes were first heard on the radio in 1927.)

 

           

 Microphone logo - used 1942-1953                   Xylophone logo - used 1954-1959

        

Original Peacock logo - used 1956-1962                   Original "snake" logo - used 1959-1975

                     

"Laramie Peacock" logo - special uses 1962-1975         The "Fancy Cut N" logo - 1976-1979

                             

"Proud N" logo - used 1979-1986      And finally, today's logo used since 1986

NBC has numerous variants you'll see, too - green for St. Patrick's Day, black/orange for Halloween, red/pink for Valentine's Day, the logo with a Santa hat for Christmas and donning a party hat to celebrate a New Year. 

Imagine if law firms fussed with their logos in this way, making them holiday-appropriate - a brand stewardship challenge for sure.

For now, adios little fat Twitter bird, and a warm welcome to the younger chick.

 

Lawyers (and everyone else), ask yourself: Am I my resume?

With yet another high profile resume-fake (Scott Thompson, who was ousted as Yahoo! CEO after four months among accusations that he lied on his resume about having a computer science degree) I am compelled to write this blog post about telling the truth on your website and other biographies.

Whether you call it biography, bio, profile, CV, vita or work history, this document should never have an ounce of fiction on it.  No fudging on capabilities and experience, board and community service, education (years, your major, the institutions you attended) . . . simply, don’t say you did something if you didn’t do it.

I read an article in the Dallas Morning News yesterday about a new book by author James Donovan, “The Blood of Heroes,” with the subtitle, “The 13-day struggle for the Alamo and the sacrifice that forced a nation.”  Apparently, the Alamo stories that we were taught in K-12 history classes were not true.  Davy Crockett was not executed by Mexican hero/despot Santa Anna, and the storied Alamo battle didn’t last 15-minutes, but more like 45 minutes or longer.  You might wonder what this has to do with lawyer biographies?

Donovan's Dallas Morning News article started:

“Everyone knows that Davy Crockett was executed after the battle of the Alamo by Santa Anna.  Except he wasn’t.”

Donovan, a Dallas author, writes:

“Crockett’s death, and the duration of the Alamo battle, are two examples of how historical events often become encrusted with myth, legend and error, deliberate or not. Particularly before the invention of electronic recording devices around the turn of the 20th century, history was more pliable, especially for those with an agenda — or simply to make a good story even better.”

I love the phrase, “…history was more pliable, especially for those with an agenda – or simply to make a good story even better.”  We do this all the time in conversation, subconsciously believing that facts should never get in the way of a good story.

He concludes his article:

“History, like life, may be messy, awkward and embarrassing on occasion, but that’s because it’s about people, and none of us is perfect. Without respect for historical truth, we compromise our ability to grow and improve both as individuals and as a society.”

Too many lawyer resumes include every line of what the person has ever done, spoken or written.  Bios should follow the governing clothes-closet management rule:  Don’t put one new clothing article in your closet without eliminating something old.

Without such stewardship, the result of this year-after-year layering of data, whether online or on paper, is that your memory fades and you no longer remember if it was true.  If there was an error or omission 20 years ago, chances are you are still carrying it forward – simply because you aren’t looking at it that carefully, you can’t remember, and you assume it must be true because it used to be true. And it’s about you, so what’s the big deal?

My company, Content Pilot, is preparing to conduct our fifth research study, “2012 AmLaw 100 Websites: Ten Foundational Best Practices,” where we analyze the websites of America’s top 100 law firms based on gross revenue. The 4^th Foundational Best Practice is lawyer biographies.  I’ll write more about the foundational attributes of a “best practices” lawyer resume in another post, but the glaring problem we see is that too many senior partners don’t care about their bios.  This opens doors, however, for those partners who do care – by comparison, who stand out as relevant, current and subject matter experts in their fields.  After all, that’s the goal of your website (and other online sources, such as LinkedIn) biography – come across well enough that you are short-listed for a particular matter.  Then it’s your job to get chosen as “the one.”

When your bio is riddled with old information – or worse, lies (a strong word, I know) about what you’ve done – everything else that is accurate is questioned.  Don’t risk the reputation damage by being “too busy” to update your resume when your marketing team requests it.

The musical, “A Chorus Line” starts with an energetic number, “I Hope I Get It,” where the auditioning dancers start competing against each other for a job in the chorus.  In unison they sing,

“God, I hope I get it. I hope I get it.  How many boys, how many girls?  Look at all the people, at all the people” . . . Then one dancer sings, “I really need this job, please god I need this job, I’ve got to get this job!”

As it continues, it segues into a lone male dancer singing,

“Who am I anyway? Am I my resume? That is a picture of a person I don't know. What does he want from me? What should I try to be? So many faces all around, and here we go. I need this job, oh God, I need this show.” 

So, ask the question:  Am I my resume?  Take a fresh and critical look at every claim you make – the three-prong test against which your assertion should be judged is:  1) Is it truthful? 2) Is it current? (If it’s not, buyers of legal services may not care about it.) And, 3) Is it relevant? (If it’s not, buyers of legal services won’t care about it.)

What law firms can learn from Dyson's (think vacuum cleaners) anti-branding slur.

British industrial designer, Sir James Dyson, is best known for his iconic bagless vacuum cleaner that he peddles on television. And among frequent travelers who wash their hands in airport restrooms, for the Dyson Airblade, which dries your hands as would the edge of a tornado.

But after a recent comment in which he said he didn't believe in branding - "We're only as good as our latest product. I don't believe in brand at all." - he is now famous for being the anti-branding guy.

Matt Straz, blogger of MediaPost's Online Spin, wrote yesterday, "Like a cat coughing up a hair ball, Dyson's comment caused a loud, involuntary response from the advertising world."

Let me give you some context: Dyson was speaking at Wired magazine's "Disruptive by Design" conference earlier this month. He responded to the question, "Does brand make the product or does product make the brand?" He said that "Brand was the only word that was banned at his company," then concluded with the statement above.

A Forbes.com article about his statement said, "A remarkable comment from someone who has stood in front of a camera for the last decade or more on behalf of creating his own eponymous brand of vacuum cleaners, and spending millions in the process."

The Forbes article suggests that Dyson may not understand what "brand" or "branding is, and it goes on to describe what it is. It talks about how successful brands create new rituals:

"Powerful brands have rituals. Much as Starbucks changed how we have coffee in the morning, and Ikea has changed how we interact with newly-purchased furniture, Dyson has changed the ritual of how we interact with our vacuum by handing us one that can be snapped together (or unsnapped) much like Lego blocks. The rollerball changes the way we move across the floor. The quick-open canister lets us dump right into the garbage can, rather than unleashing those nasty vacuum bags. And if you really want to get into it, there’s the ritual of innovation–and creating 5,127 prototypes, and more innovation."

I asked friend and colleague Norm Rubenstein, Partner and branding expert at the Zeughauser Group, about his take on Dyson's slur - and whether law firm leaders with an anti-branding bias might have new fodder to dispute its efficacy.  Norm says:

"There is profound irony in Dyson’s claim 'I don’t believe in brand at all.' Dyson’s company is reminiscent of Apple, a company whose followers buy products, often products they don’t need, because of their elegant marriage of form and content. In creating his high-end vacuum cleaner, Dyson has made it the ultimate status symbol: what greater triumph of brand recognition than to invest in a luxury good that lives in a closet with one’s cleaning supplies as opposed to on a desk or adorning one’s person? And once people got on the Dyson bandwagon, reinforced through traditional advertising that always has extolled the product’s innovative technology and consumer benefits, they suddenly found a need for Dyson’s chic fans, and one suspects, will require his future products in the same way as they are introduced."

Online Spin also points to Nike, who has significantly reduced its investment in traditional branding pillars, such as advertising.

"Having relied for years on mass branding messages like 'Just do it,' the company has now dramatically scaled back its investment in traditional branding. Nike has also reduced its emphasis on big brand athletes like Tiger Woods, Michael Jordan, and Lance Armstrong. Instead, the company has focused on creating software and gadgets like its new Fuel wristband that measures athletic output. Instead of marketing products, Nike is using products to market itself."

To that, Norm says,

"The truth is that brand development and brand maintenance, decidedly different stages in a product’s life cycle, are opportunities to employ different tools and tactics for reinforcing brand awareness and loyalty. Products and services require significant marketing focused on developing and raising visibility in their infancy: in their adolescence, assuming they come to enjoy unaided top-of-mind recognition as both Dyson and Nike have done, they can rely on satisfied customers to help sustain their brand equity."

Social media has changed the branding landscape in ways we couldn't have imagined even four years ago. It supports both mass customization and engagement at the most powerful of all levels - person to person. And the dollar investment is a fraction of the cost of traditional broadcast and print advertising.

Norm agrees,

"The emergence of social media makes it possible for a company like Nike to shift the extent to which it has to rely on traditional branding tools. In its previous marketing, which always has been advertising-intensive, Nike has made its 'swoosh' synonymous with the achievements of admired athletes. By creating ongoing demand for its products and aligning them with a promise of quality and performance, Nike now enjoys the benefit of extensive brand equity. As the marketplace shifts and consumers now have become their own product reviewers/marketers, the company theoretically can take advantage of marketing that shifts its focus away from admired role models (who often disappoint in real life) and place it on the traditional—might one say, the average, buyer—the buyer whose endorsement in the Zagat world in which everyone’s opinion counts—can begin to redefine its approach to the marketplace."

So, what does this mean for law firms? It's challenging for law firms, even the largest of the AmLaw 100 firms, to defend their brand positions as unique among all their competitors. Is it possible? Yes, absolutely, but it requires research, rigor and patience, plus a significant and consistent investment of time and money. Law firms can take advantage of all the media that Dyson, Nike and Starbucks use - but they often don't have the stomach for it or the budget to sustain it. It also requires leadership and vision constancy - meaning, firms whose Chair and Managing Partner positions are up for grabs every two or three years will have a harder time than those firms who invest in the same leaders year after year.

Norm concluded our interview by saying,

"... For a law firm to follow the lead of a Nike and begin to shift its marketing focus, say by taking greater advantage of new media as a critical component of its marketing mix, it needs to assess the brand equity it already enjoys, and if it is not an acknowledged market leader in the spaces for which its seeks to be known (defined not by the firm, but by the market), it will need to maintain or to develop a robust strategy that well may continue to require extensive use of traditional marketing tools (e.g., thought leadership and credentialing)."

I'd say that Dyson is all about branding, even if he doesn't call it that.