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Attorney Journals is a Southern California B2B trade publication for and about private practice attorneys. The magazine brings information and news to the legal community as well as providing a platform to spotlight the people, events and happenings of the industry. But that's not all. From marketing advice to business and personal development tips, we're the top resource you need to thrive in the ever-evolving and highly competitive legal industry.

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By Gregory D. Hamman and Julie Henson January 30, 2025
About half of lateral partner moves involve a search firm, according to the 2023 Lateral Partner Satisfaction Survey. Engaging a recruiter isn’t just commonplace, it’s often critical, as search firms have access to networks (and marketplace buzz) that law firms do not. Recruiters are an investment, typically commanding placement fees in the healthy six figures; an AmLaw 50 lateral partner’s headhunting fee averages $598,400. But given that 64 percent of lateral partners will fail to bring their promised book of business, and that 48 percent of laterals will leave within five years, how can law firms maximize their recruiter ROI? After screening thousands of lateral partner candidates—a significant number represented by highly professional recruiters and recruiting firms—we have 10 questions you should be asking to help distinguish the best from the rest: What is the hiring rationale? Why are you bringing this specific candidate to our specific firm? Why are we a good fit for their book of business, industry expertise, practice specialty? How will they advance our goals? The right recruiter will have a working knowledge of your firm’s strengths, and even without a copy of your strategic plan, can articulate why this hire makes sense for both sides. How was this candidate sourced? It’s important to understand the basis of the initial contact: Is this truly a strategic candidate who’s looking seriously at firms like yours, or is this a friend-of-a-friend situation where the search firm is tossing out some breadcrumbs and hoping for a bite? What does the book of business look like? Firms must go beyond composite numbers; a “$5 million book” doesn’t provide enough context for a real assessment. Keep in mind that on average, lateral partner candidates claim to port about 57 percent of the clients they list on their lateral partner questionnaires; the actual portability rate is about 35 percent. If that $5 million book is all tied to one client, odds are against it all coming to your firm. Who filled out this Lateral Partner Questionnaire? When we are screening candidates, it is consistently surprising how many LPQs are actually completed by search firms, not the candidates themselves. Not only is this borderline unethical, it often results in inconsistencies between the LPQ and any kind of screening, making due diligence a longer and more cumbersome process. What are the candidate’s strengths and weaknesses? No candidate is perfect, and the right recruiter should be forthright and transparent. Savvy search firms will have some constructive feedback on even senior rainmaker candidates; if your recruiter presents laterals as too good to be true, they probably are. What questions do you have for us? Another red flag: the recruiter who only wants to talk and never wants to listen. Again, you don’t have to give the search firm your strategic plan, but the right recruiter will show genuine curiosity, not just Google research. They will want to know about the strategic fit, practice area and cross-selling potential—not just for this client, but for future connections, too. How do you define “data”? Some search firms are following the Big Data trend and purporting to offer quantitative screening or proprietary analytics. This should be viewed skeptically, and law firms should absolutely ask to see the math. Search firms are not in the business of gathering independent intelligence; far too often this “data” takes the form of surveys or candidate-provided information. How are you incentivized for long-term success? While every search firm is different, it’s common for recruiters to receive their fees shortly after the lateral partner joins. However, it can take a while to onboard the lawyer and even longer to realize there may be issues with client portability, cultural fit or bad behavior. Granting refunds within months isn’t long enough; law firms should ask for consideration periods of at least 18 to 24 months. Where else are you presenting this candidate? As we said, you want to work with search firms that know your business and bring you lateral partners that fit into your strategic plan and culture. If that is truly what they are doing, they will not be shopping candidates all over the market; what makes a great fit at Firm A can make little sense at Firm B. On a related and crucial note: What’s your timeline? Resist the fire-sale lateral, and run from any search firm that uses strong-arm tactics to pressure you into hiring a candidate quickly. Whether it’s an artificial deadline or buzz about the competition, hurried moves don’t allow you to conduct the necessary pre-hire due diligence that keeps out problematic partners. Ask for the timeframe you need for both due diligence and strategic planning, and be prepared to walk away if the recruiter will not honor it. Even with the very best search firms, we offer two caveats: Let your recruiters bring you candidates; use data to strategically grow identified needs. Recruiters play an important role connecting law firms with laterals who want to move; these transactions make the most of search firms’ networks and expertise. However, when it comes to filling a talent pipeline—and sourcing talent for an office, practice or industry team—it’s far more effective to apply a strategic, data-driven approach that takes into account the entire market, such as Decipher’s custom talent playbooks. Trust but verify. Your search firms should screen candidates before they introduce you, but this is no substitute for true due diligence. Comprehensive due diligence should incorporate objective intelligence as well as human intelligence, but above all, it should be conducted by an independent resource with no financial tie to the ultimate result. Decipher offers three levels of pre-hire due diligence that protect your firm’s revenue and reputation.
By Katie Hollar Barnard January 30, 2025
Best Lawyers, Super Lawyers, Chambers, Martindale: Law firm rankings have a new relevance as prospective clients increase their use of AI tools like ChatGPT. Indeed, as Clio reports, more than one in three potential clients start their attorney searches online. What’s notable is how they are searching—or more specifically, where. Google remains dominant, but it’s losing market share: A survey released this week showed that 78 percent of respondents say it is their first choice for searching, down from 80 percent in June; meanwhile, ChatGPT increased its standings from 1 percent in June to 5 percent in December. It may be 5 percent now, but Google shouldn’t get comfortable: Gartner predicts that search engine volume will fall by 25 percent by 2026 due to generative AI solutions. Given that 2026 is—shockingly—just a year away, it’s imperative that law firms understand how ChatGPT (and its compatriots) are delivering information to their potential clients. Let’s take a look. Where We Started: ChatGPT A Year Ago In November 2023, in an experiment on Medium, a ChatGPT user (and legal tech CEO) asked various platforms to find the best personal injury lawyers in Philadelphia. All were different: The free version of ChatGPT told him to do his own research. The paid version of ChatGPT gave a list of lawyers and law firms, all of which were recognized by Best Lawyers in America and Super Lawyers. Subsequent searches brought forth lawyers from Avvo and FindLaw, directories that allow clients to rate their attorneys. In a Google search, sponsored firms dominated the “front-page” results—firms that bought Google ads for the keyword in question. As I wrote last year, this experiment showed that ChatGPT and its compatriots are being trained on lawyer rankings and client reviews. What about now? Google vs. ChatGPT in 2024 I conducted my own experiment in December 2024. Because personal injury is so contentiously competitive in both paid and organic search, I went for a more B2B approach: “commercial litigation lawyers in Cleveland.” (This is also a market where I have no clients or vested interest.) From the Free Version of ChatGPT “Help me find commercial litigation lawyers in Cleveland. Please include your source.” Squire Patton Boggs Thompson Hine Benesch Friedlander Coplan & Aronoff BakerHostetler It’s a safe list, to be sure; all are AmLaw stalwarts, and three of the four are headquartered in Cleveland. As for sourcing, ChatGPT told me: “The sourcing for the list of commercial litigation lawyers in Cleveland was primarily based on a combination of law firm websites, legal directories such as Martindale-Hubbell, and local business journals that cover legal industry news and rankings. These sources provide insights into the firms’ areas of expertise, professional accolades, and client reviews, ensuring the recommendations are relevant and reliable.” When pressed further, ChatGPT said the “local business journals” referred to Crain’s Cleveland Business, where the first firm on the list, Squire Patton Boggs, has been included in eight articles this year. Key takeaways: Free ChatGPT may favor big firms that are more likely to have larger body counts on sites like Martindale; here, for instance, Squire Patton Boggs has 113 attorneys in Cleveland. Moreover, earned media matters—and may be a more feasible tactic than adding 100 lawyers. From the Paid Version of ChatGPT “Help me find commercial litigation lawyers in Cleveland. Please include your source.” Interestingly, there was no overlap between the list supplied by the free version and the paid version of ChatGPT. The paid version supplied 10 firms, nine of which were attributed to attorney rankings: Hahn Loeser & Parks (Best Lawyers) Frantz Ward (Best Lawyers) Taft Stettinius & Hollister (Best Lawyers) Buckley King (Best Lawyers) Garson Johnson (Garson Johnson) Sutter O’Connell Co. (Lawyers.com) The Chandra Law Firm (Super Lawyers) Jeckering & Associates (Super Lawyers) Ritzer, Coughlin & Paglia Ltd. (Super Lawyers) Cavell Law, LLC (Super Lawyers) This confirms the 2023 experiment’s hypothesis that the paid version is being trained on rankings and credentials. With the exception of Taft, this list is skewed toward small and midsize firms, ranging from 1 lawyer (Cavell Law) to 130 (Hahn Loeser & Parks). Key takeaways: Best Lawyers supplied the top four spots on the list. While Best Lawyers rankings are dependent on peer rankings, law firms (and their marketers) should stay vigilant about nominating their qualified lawyers. As for the firm names supplied by Super Lawyers, I have no firsthand knowledge of these firms or their marketing plans, but at a glance it appears that all four have a paid profile for at least one lawyer. This merits more investigation, but there could be a new argument for investing in Super Lawyers positioning. From Google “Commercial litigation lawyers in Cleveland” The third search method produced yet another list of firms with no repeats from the ChatGPT lists: Axiom Law (sponsored) Super Lawyers Calfee, Halter & Griswold Dworken and Bernstein Best Lawyers Gertsburg Licata Shumaker The only overlap: Super Lawyers and Best Lawyers. Google stays true to its algorithm, delivering first a paid ad. The list includes two sites with high domain authority—Super Lawyers and Best Lawyers—as well as a number of firms with high relevance for the location-based query: Calfee, Halter & Griswold has an Ohio-specific positioning: “From our offices in Columbus, Cleveland, and Cincinnati, we provide comprehensive and efficient legal and government relations services.” Its commitment to the Buckeye State is evidenced by its 100-page e-book, Guide to Doing Business in Ohio. Dworken & Bernstein, “serving all of Northeast Ohio,” has a commercial litigation landing page that adheres to many SEO best practices, including the use of questions and key phrases. Gertsburg Licata—“Headquartered in Cleveland. Serving the Globe”—may appeal to the Google algorithm’s rumored “freshness factor” with blog posts like “What Every Business Owner and CEO Should Do Before December 31.” Key takeaway: It’s little surprise, but classic SEO techniques reign supreme in Google searches. Given that Google still controls 78 percent of the search market, law firms that value search traffic should continue working to appeal to the algorithm. What to Do Now While this is a limited experiment in a wildly evolving landscape, there are a few actions for legal marketers to take: Start by running your own experiments. How does your firm appear in logical, likely-to-actually-be-used queries on AI platforms? If you are not ranking where you believe you should, start identifying the factors that may be working against you. (Don’t be afraid to ask the robots to show their math.) Refer to strategy. Before making any adjustments to your marketing mix, make sure you’re working purposefully. Who is your ideal client? Are you focusing on local prospects or national companies who happen to have local needs? Are they likely to be using Google or ChatGPT? (More than 56 percent of ChatGPT users are 18 to 34 years old; only 5 percent are older than 65, according to DemandSage.)  Reconsider directories and rankings. There’s no denying that rankings factor into the fastest-growing search method—and the one used by nearly half of Gen Z. The free version of ChatGPT referred to rankings for nine out of 10 recommendations in our scenario, while the paid version consulted Martindale-Hubbell. Again, run your own experiments, but take a close look at your competitors’ ranking strategies (and use of paid or premium profiles) as they relate to the results. There’s an old marketing adage that it’s not what you know; it’s who knows what you know. In this brave new world, law firms must work to ensure ChatGPT can find them—and in a funny twist of fate, that may mean reinvesting in some old-school tactics.
By Noel Diem January 30, 2025
Performance reviews can often feel like a necessary evil in the workplace. Managers and employees dread them. They’ve become commonplace for a good reason: when they’re done correctly, they’re effective. A meaningful performance review sparks growth and enhances team dynamics. Often, it’s the singular opportunity for open dialogue, constructive feedback, and genuine recognition. These are the things that employees crave—so why do we hate them so much? Unfortunately, most organizations just go through the motions. But your organization doesn’t have to be that way. Crafting a thoughtful review process not only boosts morale, it also drives productivity. When done right, these discussions empower employees and align their goals with organizational objectives. Research shows that when employees feel they contribute, they are happier and better at their jobs. Ready to transform your approach? Let’s dive into how you can conduct truly meaningful performance reviews. Understanding the Importance of Performance Reviews Let’s pause for a moment—if everyone hates performance reviews, why do we do them? Performance reviews play a vital role in employee development and organizational success. In fact, they might be one of the biggest tools for development and success. How? They provide an opportunity to assess achievements, clarify expectations, and stop attrition. It gives managers a chance to align individual goals with the company objectives. Regular performance evaluations build open communication channels between managers and employees. This dialogue encourages growth and enhances job satisfaction, motivating team members to perform at their best. But in order to get these benefits, your reviews have to be meaningful. How to Conduct a Meaningful Performance Review Conducting a meaningful performance review begins with preparation. In fact, just doing this can transform your performance review process. How can you prepare? Gather relevant data, such as previous reviews and project outcomes, to provide context. If you’re keeping track throughout the year, this should be easy. If you aren’t, it’s a little more time-consuming—but you’ll keep track better next year. Schedule the reviews early enough so everyone can prepare. Don’t rush this! Ensure you have enough time so that discussions can be thorough. As a manager, you know which of your employees talks more. Create an open environment where employees feel comfortable sharing their thoughts. This starts before reviews! Build up trust between managers and team members. When in the session, encourage two-way communication by asking questions and listening actively. As you (and your team) grow, you’ll be able to refine this process. This just a bare-bones skeleton. The magic comes with adjusting the format so that it meets your needs. The ultimate goal? More productive conversations about growth and development. How to Create Growth from Performance Reviews If the ultimate outcome of performance review season is growth, how can you build a process that promotes it? Well, that’s difficult to answer without looking into the DNA of your organization. However, there are six pretty key ways to create growth: Implementing 360-degree feedback. Writing effective performance review comments. Being comprehensive and positive within your reviews. Getting specific with your feedback. Incorporating developmental support. Focusing on the future. Implementing 360-Degree Feedback Implementing 360-degree feedback transforms performance reviews into a comprehensive assessment of an employee’s contributions. What are 360-reviews? It’s when managers gather insights from multiple sources. This could include peers, managers, and even clients. It paints a well-rounded picture of strengths and areas for improvement. For managers with large teams or working different shifts, it gives insights that they might not have otherwise. In some instances, employees may request 360-reviews themselves or managers may request them. It’s good to have both happen to avoid things like bias. Writing Effective Performance Review Comments Written comments help employees understand what their next steps are. Of course, verbally saying them helps too, but giving employees something they can reference is even better.  Writing effective performance review comments isn’t easy. It requires clarity and specificity. A few brief tips to get it right: Use examples to illustrate your points. Focus on behaviors rather than personality traits. Aim for a balance between positive feedback and constructive criticism. Ensure that comments are actionable and supportive in nature. Being Comprehensive and Positive A meaningful performance review should encompass all aspects of an employee’s work. This means the good and the bad. While it can be challenging to talk about the bad for some managers, that’s where the magic is. This balanced approach ensures individuals feel valued while still recognizing opportunities for growth. Maintaining a positive tone is crucial. Focus on what employees do well before discussing challenges. This fosters a supportive environment, encouraging them to embrace feedback and strive for excellence. You don’t want your employee walking away feeling like they got beat up, but you do want to be constructive. It is important to note that high achievers want feedback too! They want to know what they can improve upon over the next year to get to that next level. Sharing Specific Feedback and Examples Specific feedback provides clarity and direction. Instead of vague comments, highlight particular moments where the employee excelled or faced challenges. Within Mitratech’s performance management system, it’s easy to make notes so that your managers have a record of these moments. Then, when it comes time to do annual reviews, they can pull up the information they have. This eliminates recency bias, which some employees use to their advantage. This approach helps them understand exactly what behaviors to continue or adjust. Use concrete examples to illustrate your points. For instance, rather than saying “you did well,” mention a successful project they led or how their teamwork improved departmental efficiency. This level of detail reinforces positive actions while still promoting growth. Incorporating Developmental Suggestions Incorporating developmental suggestions in performance reviews is essential for growth. It allows employees to understand how they can improve and further their careers. Offering specific, actionable advice empowers individuals to take charge of their professional development. When suggesting areas for improvement, align them with the employee’s goals. Provide resources or training opportunities that can help bridge any skill gaps. Mitratech’s performance management system ties directly into our learning management system. When a performance review session is over, managers can enroll their employees in training courses. That way, they are able to see the results and track progress from the day of the review. It’s an easy way to ensure there’s action after the review! Focusing on the Future When conducting a meaningful performance review, shift the focus toward future growth. Encourage employees to set ambitious yet achievable goals. This approach fosters motivation and creates a roadmap for success. Discussing potential career paths can inspire team members to envision their professional journey. Help them identify skills they want to develop or projects they’d like to tackle. By emphasizing forward-thinking dialogue, you empower employees and enhance overall engagement in the workplace. Best Practices for Performance Review Writing When crafting a meaningful performance review, clarity is key. Use straightforward language that conveys your message effectively. Avoid jargon and ensure the feedback is easy to understand. This helps employees grasp their strengths and areas for improvement. Balance positive comments with constructive criticism. Highlight achievements while addressing challenges without being overly harsh. Incorporating specific examples provides context, making feedback more tangible and actionable. Remember, your words shape their future potential within the organization. If you’re writing your review comments while being mad at the employee, struggling with your own work, or just in a bad mood, consider coming back to them with a fresh perspective. Using Action Verbs and Maintaining Balance Using action verbs in performance reviews enhances the clarity and impact of your feedback. Words like “achieved,” “developed,” and “improved” highlight specific contributions, showcasing strengths. This approach offers a precise picture of their performance. Maintaining balance is equally important. Strive to create a dialogue that encourages growth while recognizing successes. Avoiding Common Mistakes in Performance Reviews Many managers stumble by focusing too heavily on negative aspects. This can demoralize employees and hinder their growth. Instead, aim for a balanced approach that highlights strengths along with areas for improvement. Another common pitfall is vague feedback. Generic comments lack impact and clarity, making it difficult for employees to understand how they can improve. Use specific examples to illustrate your points, ensuring your message resonates clearly and constructively. Finally, only doing reviews once a year is a huge mistake. Continuous reviews, particularly in the first year of an employee’s tenure, help to keep the train on the tracks. You want to do the same thing with every promotion. Involving Employees in the Process Involving employees in the performance review process is vital. When employees participate, they feel valued and heard. This engagement fosters ownership of their development and encourages transparency. Encourage open discussions about goals, challenges, and achievements. Allowing employees to share their thoughts leads to more meaningful insights. They can provide context that managers might miss. Create an environment where feedback flows both ways. This collaboration not only strengthens relationships but also enhances the quality of reviews.
By Stan Popovich January 30, 2025
Many lawyers underestimate the impact that mental illness can have on an individual or family. It can be difficult to admit that you have a mental health problem in your life. Secondly, it can be just as difficult in getting the people you know to understand your situation without making any kinds of judgments. As a result, here are six reasons why you should make your mental health an important priority in your life. 1. Your Situation Will Improve if You Get Help Your anxieties and fears can be challenging to manage and more than likely you will need some help. Just as you talk to your doctor about your regular health, you should not be hesitant in seeking help for your mental health. If left untreated, your anxieties and fears may not go away. 2. Drugs and Alcohol Are Not the Answer Drugs and alcohol can make your problems more complicated. Many people have said that drugs and alcohol will only add more problems to your situation. Be smart and learn how to cope with your mental health issues by talking to a qualified professional. There are many health professionals in your area that can give you some ideas on where you can go for assistance. 3. You Will Save Time and Money Eventually, you will have to confront your fears and mental health issues. Save yourself the time and heartache and confront your problems now rather than later. You will save months of struggling by getting help right away. The sooner you get assistance the faster you will start getting some relief. 4. You Are Not Alone Everyone deals with fear, stress, and anxiety in one’s life whether your friends and others care to admit it. In addition, do not be embarrassed that you are getting help. We all learn new things from others on a daily basis and learning how to manage your anxieties is no different. In addition, your goal is to get your life back on track and not to get everyone’s approval. If people start asking you questions, just say you’re dealing with stress. Most people can relate to dealing with stress and anxiety! 5. Do Not Make the Mistake of Doing Nothing There are many people who struggled with anxiety and other mental health related issues, and they tried to ignore their problems. As a result, some of these people struggled on a daily basis and eventually things became more difficult. It can be scary asking for assistance, but the key is to take things one day at a time. 6. You Have a Variety of Options There are many mental health support groups, organizations, and counselors in your area that can help get your life back on track. Talk to your doctor to get more details on where you can go for some assistance. Help is available but you must be willing to make the choice of getting better. Remember that every problem has a solution. You just have to make the effort to find the answers. 
By Chris Fritsch January 30, 2025
As law firms move further into the digital age, CRM (Client Relationship Management) systems have emerged as critical tools in the marketing and business development (BD) toolkit. The CLIENTSFirst 2024 CRM Success Survey (the “Survey”) highlighted a clear takeaway: while most law firms have a CRM system in place, many struggle to fully realize its potential. In a time where technology solutions are transforming industries, law firms must rethink how they use CRM to connect with clients, streamline operations, and ultimately grow. The legal sector, known for its measured pace in adopting change, now finds itself at a crossroads. Law firms are facing mounting pressure to adapt, not only from peer firms but also from clients and prospects who expect faster, more personalized service experiences. While law firms have traditionally used CRM systems for tasks like managing contact lists and organizing event invitations, the real value of CRM lies in its ability to enhance client relationships and generate new revenue streams. However, as revealed in the Survey, satisfaction rates with CRM are alarmingly low. Many firms rated their CRM effectiveness only a 5 out of 10, indicating persistent frustrations with data quality, user adoption, and ROI measurement. With the right approach, CRM can move from being just a contact management tool to a powerful platform that enhances client service, boosts collaboration, and enables firm-wide strategic insights. Here are the top seven steps law firms should take in 2025 to elevate their CRM success and transform how they engage with clients. 1. Commit to Data Quality The foundation of any CRM system is the data it contains. Yet, our survey found that data quality remains a top concern. Poor data—whether incomplete, outdated, or duplicative—leads to inefficiencies, missed opportunities, and user frustration. Law firms should consider implementing dedicated data quality measures, such as regular audits, cleaning protocols, and data stewardship. Outsourcing data management can be a cost-effective way to ensure high-quality data without overextending internal resources. 2. Emphasize User Adoption Through Training and Support One of the most significant barriers to CRM success is inconsistent user adoption, especially among attorneys. A CRM system is only valuable if people use it consistently. Firms can address this challenge by offering targeted, ongoing training that aligns with user roles and needs. Consider multiple training formats, such as workshops, quick-reference guides, and individual coaching sessions, to ensure users feel confident and empowered. 3. Shift the Focus from Data Entry to Data Quality Redefining how CRM success is measured can drive more meaningful use of the system. Traditionally, CRM success was often measured by the quantity of data entered. However, our survey suggests that focusing on the information’s utility—how well it supports client service and relationship-building—is more effective. By framing CRM as a tool that adds value rather than an administrative burden, firms can encourage adoption and create a more impactful system. 4. Leverage CRM for Strategic Business Development CRM can be a powerful business development tool, yet many firms still underuse it in this capacity. Advanced CRM features, such as client segmentation, activity tracking, and pipeline management, can help identify growth opportunities and streamline outreach. Firms can leverage these tools to reinforce existing relationships, pursue cross-selling opportunities, and track the ROI of BD efforts. In 2025, firms should strive to use CRM to capture the “big picture” of client interactions. 5. Integrate CRM With Other Key Systems Integration is essential for maximizing CRM’s value. When CRM is linked with systems like timekeeping, billing, and marketing automation, it creates a comprehensive view of client interactions and needs. This integration can streamline workflows and provide deeper insights into client engagement and business outcomes. For example, connecting CRM with billing data allows firms to tie events and sponsorships to new revenue and justify marketing investments more effectively. 6. Ensure Leadership Commitment and Vision Firm-wide CRM adoption requires more than just a great tool; it needs commitment from leadership. Firm leaders set the tone for how technology is used and embraced. When leadership champions CRM as a strategic priority, it fosters a culture that values data-driven insights and continuous improvement. Leaders can also help by communicating CRM’s benefits clearly and demonstrating its impact on client relationships and firm growth. 7. Adapt CRM to Support Firm-Wide Collaboration A well-implemented CRM system can facilitate collaboration across practice areas and offices. By organizing client teams within CRM, law firms can coordinate client service efforts and build a more cohesive client experience. Collaboration tools within CRM can help prevent uncoordinated outreach by centralizing client information, thereby enabling attorneys to work together more effectively. This cross-functional approach not only benefits clients but also uncovers additional service opportunities, such as cross-selling. By focusing on these seven strategies, law firms can transform their CRM systems from a tool of convenience to a cornerstone of client engagement and business development. With intentional, data-driven practices, CRM can become a pivotal resource that aligns with the needs of clients, attorneys, and firm leaders alike, ultimately positioning the firm for success in a competitive legal landscape. 
By Sasan Nematbakhsh January 30, 2025
In a highly globalized world, commercial disputes are more likely to involve cross-cultural features. (“Cultural features” refers to aspects like language, expression, body language, value systems, governments, and negotiation styles that differ from region to region.) Each litigant’s unique culture, identity, or cultural value system may pose unique challenges to resolving disputes. This adds a layer of complexity in negotiations, further signifying the importance of a mediator’s cross-cultural competency to facilitate the resolution process. When negotiating across cultures, different perspectives may result in potential misunderstandings, which can reduce the chance of exploring and finding solutions that integrate various perspectives and resolve disputes effectively. These tips can provide you with valuable tools to add to your complex dispute mediation toolbox. Actively Recognize and Identify Cultural Differences While obvious cultural differences in one’s tone, expression, or language may be easily identifiable, it takes a well-trained mediator to effectively navigate non-obvious cultural differences. Recognizing the subtle cultural differences such as mannerism and business etiquette require stronger observation. In a multicultural resolution environment, the actions, gestures, and speech patterns encountered by individuals are susceptible to a wide array of interpretations, potentially leading to misunderstandings and hindering cooperation. The main challenge arises from perceiving parties through our own cultural perspectives. Cooperation can become particularly difficult when these value systems clash. For instance, someone from Saudi Arabia or Japan may take a longer time culturally to establish trust, the slower pace of which could be misinterpreted as a lack of enthusiasm for reaching a resolution by someone from the United States. Meanwhile, the Saudi party might view the American’s fast-paced approach to reaching an agreement as disrespectful and overly transactional, lacking long-term interest in actual dispute resolution. In such cases, it is essential for the party, and mediator, to consider the perspective of the opposing party’s cultural value system rather than solely relying on his or her own. However, achieving this understanding is challenging and requires competence in navigating delicate cultural nuances. Recognizing the cultural divide adds another dimension to resolving the dispute. It requires more adjustment than a typical behavioral analysis in a domestic setting so the mediator must actively recognize and identify cultural barriers. The mediator’s strongest currency in resolving a dispute is arguably the trust of the parties, and cultural nuances affect how parties perceive authority, build relationships, and establish trust. To remedy often-unintentional divides in dispute resolution, one would be served well by becoming more competent in their cultural intelligence. Cultural intelligence refers to an outsider’s innate capacity to interpret unfamiliar and ambiguous gestures in a manner consistent with the expectations of the person’s fellow country persons. Possessing cultural intelligence can assist the mediator with the ability to build trust and avoid roadblocks because a mediator with cultural intelligence knows how to properly interpret social cues. For instance, a seemingly innocuous thumbs-up gesture, commonplace for Americans, between Greek or Iranian parties, could have disastrous consequences, as it will be deeply offensive to those parties. Similarly, discerning facial expressions accurately is crucial, as it distinguishes between various possible cues. A smile, for example, may not universally signify happiness, and a nod may not always indicate agreement but rather understanding or a simple “I hear you”. Throughout these interactions, understanding the context is paramount. Context serves as a guide for mediators, informing them of the appropriate responses in various situations. Ultimately, establishing relationships and fostering trust, respect, active listening, and open collaboration are crucial. By actively learning, cultivating self-awareness, and demonstrating empathy, individuals can develop the necessary skills to discern the appropriate cues, sharply understand context, and overcome challenges in cross-cultural negotiations. Beware of Implicit Bias The value system of a party influences his or her approach to negotiations. Unconscious implicit bias is our natural preference for people who look like us, think like us and behave like us. Once mediators understand their own behavioral patterns and the blind spots of other parties, they will properly respond to tone, negotiation style, body language, hand gestures, and ways each party may handle rejection. A proper response is situational and depends on the circumstances. When unsure how to handle a matter, caucusing and respectfully asking a party about the nuances involved may be a reasonable path to avoid a roadblock. Mediators are wise to admit the potential for ignorance on the subject matter to facilitate a transparent discussion. Seeking understanding of the system at work by facilitating a resolution-oriented conversation about difficulties that unfamiliar customs pose can in fact show respect for these differences and facilitate trust-building. The parties will likely appreciate mediator’s effort and the good faith shown, which can help avoid ill feelings that may lead to an impasse. Calibrate the Process Prior to the mediation, in preparation and during the joint conference, mediators are encouraged to address cultural differences. Additionally, in the opening session, whether done jointly or in a caucus, the mediator has another opportunity to present ground rules that demonstrate the mediator’s cognitive grip on the cross-cultural features of the dispute. For example, in the opening, a mediator with parties of Eastern and Western culture would be served well by addressing decision-making processes of the negotiating parties and how each company would approach corporate decision-making. In addition to adjusting the process itself, the mediator must think critically about the underlying needs of each party, how those needs may be driven by their cultural values, and how that positions their interests. Mediator should stay flexible during the proceeding and when necessary, recalibrate their strategy. For example, a mediator may recognize that a party is at unease by the pace of the process. It may be too fast, or too slow for that party. The mediator may benefit by caucusing and discussing the pace of the process with each party separately, and to provide context of the other party’s norm to avoid misunderstandings between the parties. Include Cultural Competency in Preparation While we often prepare for the legal aspects of a case, it is essential for the mediator to also prepare for the unique cultural elements of a dispute. Become aware of your own and others’ potential biases beforehand and anticipate how these elements may impact the proceeding. A wise mediator recognizes the process of decision-making is different in every culture. It is important for mediators to familiarize themselves with the unique process for each party’s culture and adjust their process accordingly. Be aware of the actors not in the room. Often, there may be informal influencers in each culture who may not be present at the mediation proceeding and yet make or break a deal. As such, the conscious mediator must find out early on who the players are and how each party will make a decision. Use Empathy to Avoid Pitfalls It is quite common when confronting cultural differences for people to oversimplify their counterpart and rely on stereotypes. Instead of focusing on stereotypes, shifting the attention to prototypes, or “cultural averages on dimensions of behavior or values,” can better allow both the parties and the mediator to understand each other’s behavior and adapt their negotiating technique to that prototype. Having empathy can help the mediator avoid generalization, stereotypes, and other similar pitfalls (like, Middle Eastern people may enjoy “haggling” or Thai people are always welcoming). Yet, each party is an individual who may not conform to common stereotypes. Each culture may possess different expectations, practices, and experiences that affect communication, trust-building, negotiations, and dispute resolution. When the mediator is aware of these differences, he or she is better equipped to guide the parties to a resolution. Whether or not the parties settle, adopting these strategies makes an impasse due to cross-cultural unawareness of the mediator unlikely. Originally published in the Daily Report and reprinted with permission.
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ORANGE COUNTY

SAN DIEGO

January 30, 2025

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