The Management Side of Sales Pursuits
February 03, 2006
In an increasingly competitive legal services market, where clients are less loyal to their law firms and law firms are competing for business, there is a growing need for law firms to be systematic and disciplined in their approach to business development. Marketing departments are increasingly retooling themselves with client service, business development and sales functions. Attorneys, marketing and sales staff need to work increasingly closely as a team taking on non-traditional roles to ensure continuity in pursuit of business from first contact through the pitching and closing of business.
<b>Commentary:</b> 'Cloaking' Information and the Marketplace for Lateral Associates
February 03, 2006
Last spring ,i>The National Law Journal</i> reported that firms are taking steps to make it harder for headhunters to poach associates, primarily by removing information about associates from their Web sites ' information as basic as direct-dial numbers, e-mail addresses and biographical or practice-group data. More recently, <i>Law Firm, Inc.</i> reported that only four of the top 10 firms deserved an "A" for the completeness of associate information on their Web sites (see, www.lawfirminc.com/texts/0505/dls0505.html). The first question this raises is simply whether "cloaking" associate information has any effect; and the second, more interesting, question is whether firms' cloaking associates - but not partners - tells us anything about how the market for lateral associates differs in structure and function from the market for lateral partners.
Introducing The Roth 401(k)
February 03, 2006
Nine years ago, Congress introduced a new savings tool for investors called the Roth IRA. This new version of an Individual Retirement Account was named after the Senator that was instrumental in its creation, and it offered substantial tax advantages to persons seeking to save for retirement. Effective Jan. 1, 2006, legislation extended the tax advantages of the Roth IRA to include 401(k) plans. The "Roth 401(k)" creates a new option for law firms offering 401(k) plans to partners and employees, and gives participants the opportunity to accumulate significant tax-free wealth during their lifetime.
<b>Professional Development University:</b> CLE For The Soul
February 03, 2006
With civility and ethics at the top of lawyers' agendas, it at times seems to some to be a fragile balancing act as the need to zealously advocate for one's client and keep the practice profitable in a very populated profession can bring one close to the ethical bright line. In fact, the inception of the continuing legal education mandate in many states came on the heels of ethics breaches that were grievous enough to demand that ethics, professionalism, and general professional development be mandated. Out of crisis did come opportunity.
NJ High Court Says Lawyers' Internet Listings Must Say They Were Paid For
February 03, 2006
As advertising gravitates more to the Internet, for lawyers as much as other service providers, the New Jersey Supreme Court's Committee on Attorney Advertising is doing its best to adapt its regulatory scheme to the medium. <br>This year alone, there have been four directives issued on what lawyers may and may not do on the Web, and the most recent puts new restrictions on lawyers' online listings to ensure that potential clients don't interpret them as official endorsements.
Is Anti-Spyware Legislation Congress's Killer App In 2006?
February 03, 2006
Reading the news, one might think the encroaching patchwork of state anti-spyware laws and the proliferation of high-profile cases against surreptitious spyware distributors could finally prompt Congress to take action on spyware in 2006. But a closer look reveals that states, Congress and the Federal Trade Commission have not yet reached a consensus on what spyware is and how best to address enforcement. Even if Congress does act on spyware this year, the legislation is likely to offer an incomplete solution to computer users and, for legitimate online behavioral advertisers, to leave substantial litigation questions unaddressed.
Associate Overcompensation?
February 03, 2006
As described in the following article abridgements from A&FP sibling publications, associate salaries and rates are headed up once again, pressures from cost-conscious clients notwithstanding. I have a possibly discomfiting view to offer on this, but first let's take a look at the bandwagon effect now in progress in some major U.S. legal markets.
Building a State-of-the-Art Anti-Bribery Program
February 03, 2006
Anti-bribery laws have serious consequences for anyone doing business internationally. Violations come to light during routine M&A due diligence, when competitors complain or employees blow the whistle, or when companies voluntarily disclose as a part of their Sarbanes-Oxley reporting obligations. When they do come to light, strong internal controls may shield executives from some liability and restore confidence amongst shareholders and regulators.
<b>Commentary: </b>In Law Firm Marketing Today, the Glass Is Half Full
February 02, 2006
When legal marketers are ahead of their lawyers, or when lawyers are ahead of their legal marketers, their expectations of one another are out of sync. These days, the departure of a marketer, whether by choice or with a nudge, presents an opportunity for a firm to reassess where it is, where it wants to go and how it will get there. Each new marketing hire represents an opportunity for more precise alignment of a marketer's skills and characteristics with a firm's strategic and financial objectives.
