-
Cybersecurity Law & Strategy
Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'
Kim Peretti, Jon Knight, and Emily Poole
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
Read More ›
-
Marketing The Law Firm
How Do Business Development Efforts In High-Performing Law Firms Differ?
Meghan Frank
As firms and their clients continue to navigate ongoing business challenges in 2021, BD and marketing professionals first need to understand how mature their efforts are in specific areas. Then, they can look at what the successful firms are doing differently, so they can position themselves to join those ranks.
Read More ›
-
Marketing The Law Firm
Voice of the Client: What In-House Counsel Need from Outside Counsel As Pandemic Landscapes Shifts
Jennifer Simpson Carr
Responses from GCs on what matters most to their companies when hiring outside counsel.
Read More ›
-
Marketing The Law Firm
Competitive Intelligence: How Do You Listen When You’re Not In the Room?
Patricia Ellard
Although we understood how important in-person listening was before the pandemic, the background listening was something we used to take for granted. Here are five ways to practice active listening and remain engaged when we can’t be in a physical environment.
Read More ›
-
Accounting And Financial Planning For Law Firms
Building Successful Partnerships Requires Collaboration
DeWitt A. Sullivan
Partnerships are relationships, ideally relationships built on trust and a common goal. Successful partnerships require all parties working together — working together to service a client fully, generate revenue and to build a business. This requires openness and coordination.
Read More ›
-
The Bankruptcy Strategist
Asserting the Common Interest Doctrine In Plan-Related Discovery
Francis J. Lawall and Marcy J. McLaughlin Smith
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
Read More ›
-
Accounting And Financial Planning For Law Firms
Pandemic Drives Law Firms and Clients to Common Ground on Pricing
Dan Packel
The current circumstances are giving rise to conversations about pricing, and driving both sides of the law firm-client relationship to seek common ground — both in the form of tried-and-true alternative fee arrangements and those that reflect a more innovative approach.
Read More ›
-
Cybersecurity Law & Strategy
Using Legal Tech to Help Lawyers Protect Privilege and Better Serve Their Clients
Daniel Farris
A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.
Read More ›
-
Marketing The Law Firm
The Effective Act of Listening
Jennifer Papantonio
With GCs and other business leaders facing such incredible challenges, how do lawyers continue to manage clients’ transactional, litigation, compliance and regulatory needs, among others, while simultaneously providing professional, and even personal, support?
Read More ›
-
Marketing The Law Firm
Media & Communications: What ALM Reporters and Editors Expect from Law Firms and PR Pros In 2021: Part I
Gina F. Rubel
Instead of sharing my insights, experience and opinions as a 20-year vet in legal public relations, I went directly to the source – the ALM Media editorial staff. Here is what they had to say about the impact of COVID-19 on the industry as a whole and what they want and expect from law firms and PR pros in 2021.
Read More ›
-
Marketing The Law Firm
Sales Speak: 7 Reasons Networking Is Dead — Or Should Be
Eric Dewey
Networking is not the business development panacea many would make it out to be. In fact, I think networking can do more harm than good. To make my point, here are 7 ways “connecting” is better than “networking.”
Read More ›
-
Marketing The Law Firm
Digital Dive: The Digital Buyer’s Journey: How to Nurture Your Potential Clients
Spencer X. Smith
Is there an elegant and effective way to use the power of online media to nurture your potential clients? Yes, and here’s a process to follow for each of the steps of that journey:
Read More ›
-
Marketing The Law Firm
Voice of the Client: Map Processes and Workflows Together to REALLY Hear the Voice of the Client
Catherine Alman MacDonagh
Clients want better answers than “we are a fabulous, client centered team.” They want to know what you are doing for real and how working with you will actually help them. Process improvement and project management are incredibly effective for this purpose.
Read More ›
-
Business Crimes Bulletin
Does Corporate Attorney-Client Privilege Extend to Company Executive?
Elkan Abramowitz and Jonathan S. Sack
The question of when does company counsel also represent a company executive often comes up in white-collar issue investigations.
Read More ›
-
Accounting And Financial Planning For Law Firms
Why a Mutuality of Services Mindset In Legal Makes for A Better Post-COVID Culture
Leigh Vickery
In the legal industry, transitioning to a culture of care poses more of a challenge to law firms than other businesses. What is needed now is for attorneys to seize the chance to reshape their profession and strengthen their position as leaders of our society.
Read More ›
-
Accounting And Financial Planning For Law Firms
Providing Superior Value to Clients In a Rocky Economic Climate
Roger E. Barton
What kinds of firms are best positioned to provide superior value to clients and why this is such a critical consideration in the current economic climate.
Read More ›
-
Accounting And Financial Planning For Law Firms
AI Is Calling Time On the Billable Hour
Jason Brennan
The game has changed substantially for law firms today — the evolution of the legal business model is underway and artificial intelligence (AI) is playing a big role in calling time on the billable hour.
Read More ›
-
The Bankruptcy Strategist
Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases
Andrew C. Kassner and Joseph N. Argentina Jr.
One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.
Read More ›
-
Marketing The Law Firm
Professional Development: Three Essential Muscles Law Marketers Must Flex While the COVID-19 Crisis Continues
Debra Baker
During times of uncertainty lawyers can hunker down and wait it out, hoping that an opportunity to reengage with clients will present itself. Or they can lean into their discomfort and suspend their self-interest, meeting clients where they are even when there may be no immediate billable work or new business to be had. The latter approach creates a meaningful opportunity for lawyers to deepen relationships and set themselves apart from the pack.
Read More ›
-
Marketing The Law Firm
Competitive Intelligence: Back to Basics In Times of Uncertainty
Patricia Ellard
One of the keys to success in competitive intelligence is communication. Effective communication builds rapport with your clients, which, in turn, builds trust and instills confidence that you will be able to get what they need to achieve their goals. During the COVID-19 pandemic, these elements of trust and rapport have never been more important. In times of stress, there is no time, and it’s harder, to build trust and instill confidence.
Read More ›
-
Accounting And Financial Planning For Law Firms
Back to Basics In Times of Uncertainty
Patricia Ellard
One of the keys to success in competitive intelligence is communication. Effective communication builds rapport with your clients, which, in turn, builds trust and instills confidence that you will be able to get what they need to achieve their goals. In the last few months, this element of trust and rapport has never been more important.
Read More ›
-
Accounting And Financial Planning For Law Firms
Communicating During the COVID-19 Crisis
John J. Buchanan
The COVID-19 pandemic has likely changed how law firms operate from now on, and it has affected all areas, from client service and IT to business development and attorney recruiting and advancement. One area that has been especially hit hard is the communications function.
Read More ›
-
Marketing The Law Firm
If 2020 Is a Wash, Make 2021 Better By Setting a Marketing Strategy
Amanda Sexton
If you’re feeling drained or unsure what the next year will bring, try doing something optimistic and strategic. Try working on your 2021 budget.
Read More ›
-
Marketing The Law Firm
Communicating During the COVID-19 Crisis
John J. Buchanan
The COVID-19 pandemic has likely changed how law firms operate from now on, and it has affected all areas, from client service and IT to business development and attorney recruiting and advancement. One area that has been especially hit hard is the communications function.
Read More ›
-
Marketing The Law Firm
Make Your Marketing Purr
David McCann
Lessons from Our Pets During a Pandemic
Our furry companions have used this time of “forced togetherness” to cleverly remind me of some pretty useful marketing lessons for a mid- and post-pandemic world. Here are some of my favorites.
Read More ›
-
Marketing The Law Firm
Business Development While Social Distancing
Stefanie Marrone
While it is a little more challenging to build relationships that will turn into referrals and new clients today due to social distancing, it is not impossible by any means. It requires shifting to doing more thought leadership and relying on social media and webinars. Here are some ideas on how to incorporate these tools into your marketing and business development strategy and turn your connections into new business and referrals.
Read More ›
-
Entertainment Law & Finance
Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose
Stan Soocher
A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.
Read More ›
-
Marketing The Law Firm
How Cultivating Existing Client Relationships Can Boost Business Development
Scott Wallingford
Strategic business development is critical to support firm growth, and CRM software is the backbone of a data-driven approach. This article highlights a few ways to leverage data and software to improve your client experience and create future opportunities.
Read More ›
-
Accounting And Financial Planning For Law Firms
How Cultivating Existing Client Relationships Can Boost Business Development
Scott Wallingford
Strategic business development is critical to support firm growth, and CRM software is the backbone of a data-driven approach. It not only helps your firm prospect for future clients, but also helps you strengthen and expand existing client relationships.
Read More ›
-
Marketing The Law Firm
Client Development During the Pandemic
Larry Bodine
The new normal under the plague has put pressure on law firms to simply operate, as well as thrive. However, law firms have a unique opportunity during the COVID-19 outbreak to capture new files and business. Now is the time to use a personal touch and double down on digital marketing.
Read More ›
-
Marketing The Law Firm
Voice of the Client: Hearing the Voice of the Client
Deborah Farone and Michael Mellor
For the last decade, law firms have been touting that they are client-centered. While we generally agree that is the case, we also believe that there are still untapped opportunities to bring the “voice of the client” to additional aspects of the firm and improve the overall client experience.
Read More ›
-
Marketing The Law Firm
Competitive Intelligence: “Dear Marketing & Business Development Professional …”
Stacy Zinken
Letters from librarians on value and opportunities to work together to support firm goals.
Read More ›
-
Accounting And Financial Planning For Law Firms
Client Maximization: Doing Well by Doing the Right Things
Linda Hazelton
Making the most of your firm’s client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, ultimately, while also increasing the firm’s chances of thriving.
Read More ›
-
Marketing The Law Firm
Client Maximization: Doing Well by Doing the Right Things
Linda Hazelton
Making the most of your firm’s client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, while also ultimately increasing the firm’s chances of thriving.
Read More ›
-
Marketing The Law Firm
Competitive Intelligence: Helping Your Client Know Their Client
Patricia Ellard
We hear more and more that exceptional client service and in-depth knowledge of the clients’ business and industry are the differentiators in keeping current clients and winning new ones. Value far outweighs cost when it comes to long-term client relationships, bet-the-company work and ongoing client success.
Read More ›
-
Accounting And Financial Planning For Law Firms
How Law Firms Are Overcoming New Business Development Challenges
Julie Savarino
With the intense competition for new legal work, demands on lawyers’ available time and the increasing discounts clients demand, it’s getting harder for law firms operating under a billable-hour business model to support the consistent development of new legal work by investing in and maintaining a marketing department alone.
Read More ›
-
Marketing The Law Firm
Linking Content into the Client Journey: Why Content Experience Matters
Jennifer S. Bankston
One of the most effective components of legal marketing is thought leadership content. With today’s available palette of media tools, law firms are able to design, build and customize the content that their client’s experience like never before. Ensuring that this “content experience” is profound and impactful is a necessary and critical endeavor.
Read More ›
-
Accounting And Financial Planning For Law Firms
Increasing Client Requirements: Securing Law Firms for the 21st Century
Debra Gray
Clients expect sophisticated and secure systems to keep their information safe. This obviously makes your IT professional’s job much harder. Additionally, attorneys expect instant performance and near 100% up time. Achieving the delicate balance between accessibility and security is a challenge.
Read More ›
-
Marketing The Law Firm
Professional Development: Proactive Marketing for the Win
Meg Pritchard
I Tend to Think of Marketing and Business Development Efforts In Four Buckets: Passive Marketing, Active Marketing, Reactive Marketing and Proactive Marketing
The view of (most) law firm leadership has evolved, but there is a long expanse of ground between viewing the marketing function as a cost center and recognizing — and capitalizing on — its potential to drive revenue and profits.
Read More ›
-
Cybersecurity Law & Strategy
Effectively Managing Increasing Client Security Requirements
Christopher Perrotta
Gone are the days of naively assuming our confidential data is secure. Increasingly, clients, stakeholders, regulators and others are demanding proof that firms are actively protecting the PII to which they have access, and this evidence is being demanded both before and after security incidents. It is imperative law firms have the positions and processes in place to handle security incidents with urgency, accuracy and completeness.
Read More ›
-
Marketing The Law Firm
Professional Development: Reimagining Business Development Training and Coaching
Debra Baker
Six Pillars of a Successful Bus-Dev Program
For firms wanting to thrive through the next economic downturn and beyond, mastery of business development fundamentals is as essential as mastering legal skills. Yet training and coaching — whether done internally or through outside consultants — requires an investment in time and resources.
Read More ›
-
Marketing The Law Firm
Competitive Intelligence: Assumptions and CI Don’t Mix
Patricia Ellard
Sometimes I assume my clients know what I can do for them and what they should ask for. You all have heard the old adage about what happens when you assume. I still laugh when I think of my elementary teacher saying it, but It’s such a basic idea, and applies in so many situations. Here are just a few of which I’ve been reminded.
Read More ›
-
Accounting And Financial Planning For Law Firms
Resolving Fee Disputes: It’s in Your Best Interest, Too
Patricia King
Lawyers should know that they ignore clients with questions at their peril. The first thing to remember is the client is entitled to an accounting of the fee and costs. No matter how exasperating the client, or how stupid the question appears to be, client questions need to be resolved.
Read More ›
-
Cybersecurity Law & Strategy
Increasing Client Requirements: Securing Law Firms for the 21st Century
Debra Gray
Gone are the days of “basic security.” What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items to already be in place and are further expanding their expectations.
Read More ›
-
Accounting And Financial Planning For Law Firms
Producing Breakthroughs in Client Development
Arnold Keiser
It is easy to understand why many lawyers feel that only certain special individuals are blessed with the qualities necessary to be rainmakers. But almost anyone willing to develop the qualities necessary can become a rainmaker.
Read More ›
-
Marketing The Law Firm
When Being a Star Rainmaker is Not Enough: Why EQ Leads to Even Better Business Results
Marla Grant and Yuliya LaRoe
Why EQ Leads to Even Better Business Results
It is not uncommon for law firms to face negative business outcomes caused by the behavior of a star rainmaker who is unaware of the impact that they have on others. And that’s what emotional intelligence (EQ) is about and why it’s so important to lead to better business results. What can law firms do to help their star partners increase their emotional intelligence to avoid potentially disastrous business outcomes for themselves and their firms?
Read More ›
-
Marketing The Law Firm
Maximize the Impact of Firm Sponsorships with Social Media
Spencer X Smith
Pro bono work on an individual level is often not publicized, but the work you do in the community as a firm should be. Here’s how to ensure both you and the charities, nonprofits, etc. you’re supporting gain the maximum amount of exposure and awareness for their causes.
Read More ›
-
Marketing The Law Firm
15 Free Things to Do for Clients That Will Make Them Love You More
Stacy West Clark
There is a huge bonus to doing free things for clients at their place of business: You can bring as many lawyers from your firm with you as you like.
Read More ›
-
Accounting And Financial Planning For Law Firms
When Being a Star Rainmaker Is Not Enough
Marla Grant and Yuliya LaRoe
Why EQ Leads to Even Better Business Results
It is not uncommon for law firms to face negative business outcomes caused by the behavior of a star rainmaker who is unaware of the impact that they have on others. And that’s what emotional intelligence (EQ) is about and why it’s so important to lead to better business results. What can law firms do to help their star partners increase their emotional intelligence to avoid potentially disastrous business outcomes for themselves and their firms?
Read More ›
-
Delaware Supreme Court Theater Ruling Addresses Party’s Deposition Demeanor
Jenna Greene
There are difficult depositions. Unproductive depositions. Ones where people cry or are rude or angry. And then, as the Delaware Supreme Court noted, there’s Carole Shorenstein Hays. The 70-year-old Tony award-winning theater producer’s behavior during her deposition prompted the Delaware Supreme Court to issue a 20-page addendum blasting her.
Read More ›