Business Development

Contentious divorces often involve years-long battles over child custody, asset division, and spousal support. False claims of infidelity, domestic violence, child abuse, or financial misconduct are unfortunately common in high-conflict family law cases. One party may attempt to control the narrative by defaming their former spouse on social media. They may create fake profiles, connect with their ex’s contacts, and post lies designed to inflict maximum reputational harm. For these situations, family law attorneys should consult defamation counsel to evaluate any potential claims, remove unwanted online content, unmask anonymous online actors, and mount an aggressive defense. Benefits of Working with a Defamation Attorney on Family Law Matters Determining the necessity of a defamation lawsuit Are the false statements made by an ex-spouse or in-laws actionable? Could a properly worded demand letter stop the defamation and harassment and return your client’s leverage? Defamation counsel can roadmap a potential lawsuit—separate from the family matter—including the likelihood of success and claim valuation. Family law clients must consider that a new defamation lawsuit may increase hostilities between the parties—is it worth it? Would a defamation lawsuit serve the client’s overarching family law matter or make matters more acrimonious? Preventing client liability Amidst emotional turmoil, family law clients may be tempted to retaliate by making their own accusations online. Defamation counsel can educate clients on defamation laws and help them avoid liability while still defending themselves. Enforcing non-disparagement agreements Non-disparagement agreements may be essential components of a resolution plan for family law matters. Defamation counsel can provide proper language for those agreements to ensure they are enforceable, clear, and can be used to navigate alleged breaches of those agreements. Crafting effective demand letters Attorneys without defamation legal experience can draft a demand letter involving complained-of speech—but it’s unlikely to be an effective one. A mediocre demand letter does nothing more than inform your adversary that you hired counsel—a waste. A defamation attorney can help you to create a proper demand letter that explains why the offending speech is defamatory (i.e., specifically, why is it unlawful rather than merely disparaging). Is a defense or privilege implicated by their offending speech? Address it in the demand letter explaining why it is inapplicable. Pre-emptively defanging their defense will leave them with nothing other than the fear of an adverse verdict. Your defamation attorney will follow up the letter with a call to discuss what you truly want and to explore paths there. How Family Law Attorneys Can Work with a Defamation Lawyer Consult early Address defamation concerns at the outset of a case to prevent long-term damage. Defamation claims must usually be brought within one-to-three years from publication (depending on the state). Monitor online activity Monitor social media and public statements that could harm a client’s reputation. Take immediate legal action Issue demand letters, request content removals, and file lawsuits when necessary. Include reputation protection in settlements Non-disparagement agreements requiring prompt arbitration for breaches with attorney fees flowing to the prevailing party. These should be non-negotiable terms. Defamation attorneys should not charge for those consultations or case work-ups (we don’t). False accusations and online defamation can derail a family law case, affecting everything from custody arrangements to personal and professional reputations. By consulting with a defamation attorney, family law attorneys can provide a more comprehensive legal strategy for their clients.

Kenneth Economy v. Sutter East Bay Hospitals, et al. was a California wrongful termination case in which the trial court found a hospital liable for restricting a physician’s privileges without providing notice and a hearing. The hospital was ordered to pay damages for lost income, future lost income and tax neutralization. On appeal, the hospital only challenged the trial court’s damage award for tax neutralization. The Court of Appeal opinion filed on February 4, 2019 confirmed the lower court did not err in awarding an additional amount of damages intended to offset the tax consequences of a lump- sum award for lost earnings. The opinion further indicated there were no reported California decisions regarding the concept of tax neutralization and that federal appellate courts had endorsed it. The Court held that a tax neutralization award was consistent with Civil Code section 3333 which provides for damages to include “the amount which will compensate for all the detriment proximately caused by the wrongful conduct.” The purpose of a tax neutralization calculation as stated in the appeal was “to offset the increased tax burden on plaintiff resulting from a lump sum award of damages as compared to what plaintiff would have owed in taxes if the earnings had been received sequentially each year.” This tax neutralization award will neutralize the adverse tax consequences a plaintiff will face from having to pay taxes on a lump sum award in a single year instead of paying taxes at a lower rate over several years. Additionally, it will account for any changes in tax burden resulting from changes in income in both the past and future periods. I will illustrate this point with a simple example. In this example, Mr. Brown was terminated from his job as a supervisor at Common Industries and filed a wrongful termination lawsuit against his former employer. At the time of his termination, Mr. Brown received $85,000 per year in earnings and an additional $15,000 per year in benefits, for a total of $100,000 annually. At the time of his termination, he had a remaining statistical work-life expectancy of 20 years. If he had worked for the company for an additional 20 years, he would have received a total of $2,000,000 in earnings and benefits ($100,000 per year times 20 years). Mr. Brown prevailed in his litigation against Common Industries and received a total judgment of $2,000,000. The award is taxable; therefore, Mr. Brown will pay taxes on $2,000,000 in the year the award is paid. Total federal and state taxes are estimated to be 50%, or $1,000,000. If Mr. Brown had not been terminated from Common Industries and earned $2,000,000 in earnings and benefits over 20 years, the total amount he would have paid in taxes would have been less. His total earnings were $85,000 per year and the remaining $15,000 was the value of the benefits he received. He would have only paid taxes on the $85,000 per year. Mr. Brown would have been in a lower tax bracket earning $85,000 per year than he was in the year he received $2,000,000. If total federal and state taxes are estimated to be 30%, Mr. Brown will pay $25,500 each year for 20 years for a total of $510,000. In this simplified example, Mr. Brown should receive not only his lost earnings and benefits of $2,000,000 but also an additional $490,000 to account for the additional taxes he will now have to pay. However, this conclusion does not take into consideration several other factors which affect a tax neutralization calculation. One factor that needs to be considered is the time value of money. In the example, Mr. Brown will have to pay $1,000,000 in taxes in the present day compared to $510,000 in taxes over 20 years. Due to the time value of money, the $510,000 Mr. Brown would have paid over 20 years should be discounted to present value. This is the same type of calculation which would have been performed when analyzing his loss of earnings and benefits and any offset earnings and benefits. All future amounts are discounted to present day dollars. This present value adjustment will decrease the value of the taxes paid over 20 years—thereby increasing the amount necessary to compensate him for his additional tax burden. For example, $25,500 per year for 20 years discounted at a 4.0% net discount rate is $346,554, instead of $510,000 prior to discounting. Once the time value of money is taken into consideration, the difference between taxes Mr. Brown would have paid had he not been terminated and the lump sum taxes he will now pay is $653,446, a 28% increase in the original tax neutralization amount of $510,000. A second consideration is what additional amounts comprise Mr. Brown’s taxable earnings in any given year. The previous example assumes the only data necessary to determine Mr. Brown’s annual taxable income is his earnings from employment. However, in most instances this is not accurate. There are multiple other types of income which need to be considered when determining one’s total taxable income. Examples are spouse’s income, dividends, interest, Schedule C income, capital gains and losses and rental income. These amounts can be considerable and drastically alter an individual’s tax burden. Additionally, one should consider the plaintiff’s tax filing status, the type of deductions the plaintiff would have claimed and any changes in the status of dependents. A review of historical tax returns is helpful in determining how each of these items should be accounted for in a tax neutralization calculation. In a wrongful termination matter, post-termination or offset earnings are subtracted from the but-for earnings to determine a plaintiff’s economic loss prior to consideration of any tax neutralization amount. These post-termination earnings are also a factor when analyzing a change to a plaintiff’s tax burden. If the plaintiff is earning more or less than they had been prior to their termination, this will affect their tax burden. Taxes on this stream of income are considered along with taxes on the lump sum award when calculating the total taxes that will be paid by the plaintiff in his or her current situation. The same additional considerations are relevant for this income stream when calculating the total taxes that will now be owed: income to be included in taxable income, deductions, filing status and status of dependents. Once the initial tax neutralization calculation has been performed, this is not the end of the analysis. I will illustrate this with a continuation of the previous example in which Mr. Brown was awarded $2,000,000. Assuming the economic expert calculated a tax neutralization amount of $650,000, the result is total damages of $2,650,000. Therefore, the lump sum award is no longer $2,000,000 but instead is $2,650,000. The tax neutralization calculation now needs to be based on this updated award amount, which results in an increase to the tax neutralization amount. Each increase to the total lump sum amount awarded needs to be taken into consideration in the tax neutralization calculation. In conclusion, a tax neutralization calculation can be a considerable component of damages in a wrongful termination matter. As the total amount of damages increases, so too does the tax neutralization amount. Depending on the specific facts of a case, this additional calculation can increase a total award by 50% or more. As illustrated with the Brown v. Common Industries example, a multitude of factors need to be considered when performing this type of calculation. It is a detailed and complex calculation with multiple inputs. Considering the complexities and possible economic magnitude of this type of calculation, one will want to ensure they engage an economic expert who is familiar with this type of calculation and the nuances involved.

We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing out the need to thoroughly understand deposition-related procedural rules, reporting on the professional imperative to develop and maintain technology competence, or tracking evolving professional obligations to conduct depositions ethically and securely, we’ve endeavored to offer helpful information for litigators working in a rapidly changing, increasingly tech-driven environment. Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys. So, we were heartened when several of these themes were mentioned by litigation experts during a recent American Bar Association presentation. Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys. Their “Top 10” tips were: Know all procedural and evidentiary rules applicable to the case Allow no surprises Be prepared Be the trusted person in the room Be a good teammate Maintain your reputation Take responsibility for professional development Be receptive to criticism Be willing to ask for help Practice self-care Several of the tips mentioned above have a direct relationship to pretrial practice in general and deposition practice in particular. Know Procedural and Evidentiary Rules A thorough knowledge of the rules governing pretrial matters—whether it’s a deposition or summary judgment motion—is critical. In deposition practice, litigators must be familiar with the rules on making and preserving objections to deposition questions. Making unwarranted objections, or directing witnesses not to answer appropriately asked questions, can be expensive. And some attorneys mistakenly believe that “remote depositions” are the same as “video depositions,” an error that the American Bar Association recently pointed out in its 2023 Best Practices for Remote Depositions guidance. Joseph Schaeffer, a Pittsburgh-based commercial and environmental and energy litigator in Babst, Calland, Clements and Zomnir P.C.’s litigation practice group, remarked that he’s frequently heard partners complain that new associates often fail to learn applicable court rules. “There’s no easier way to frustrate a partner and even worse to frustrate a court than not having read the rules before taking some type of action,” Schaeffer said. Applicable rules can come from several sources: jurisdiction-wide rules, local rules, and court orders. Familiarity with case-specific orders is also vital. Scheduling orders, case management orders, and stipulated e-discovery protocols need to be consulted and understood. Mark Romance, a commercial and business litigator and partner in Day Pitney L.L.P.’s Miami office, pointed out that making assumptions about which rules apply can be dangerous business. For example, he said, the court rules for the Southern District of Florida are different than those applicable just north in the Middle District of Florida. Court rules frequently change too, he added. “You really have to take the extra time to read the rules, read the rules, and read the rules again to make sure that you’re familiar with them in the jurisdictions in which you are practicing,” Romance said. Be Prepared In 2025, judges have no patience for litigators who have not mastered the technology used in depositions and court hearings. They didn’t have all that much patience for technology foot-draggers in 2022 either. “In terms of technology, I would say being prepared includes, if you’re going to be on a Zoom, for example, and you’re going to share documents, make sure your documents are ready,” Romance said. “Anticipate what you might want to use so that you’ve got it at your fingertips, and you can pull it right up whether it’s at a hearing or a meeting with clients or your team, and also knowing how the technology works.” Romance added that new litigators should make an effort to find out exactly which types of technologies are in use in the courtrooms where they will be practicing. Maintain a Good Reputation A reputation built by painstaking trial preparation and adherence to the highest standards of the legal profession is an asset that litigators can draw on, for themselves and their clients, throughout their legal careers. In deposition practice, this means unfailing honesty, reasonableness, courtesy, and reliability as far as knowing the law and meeting obligations to clients, the courts, and opposing counsel. Monette Davis, an insurance defense and commercial litigator with Stone Pigman Walther Wittmann L.L.C. in New Orleans, remarked that cultivating a reputation for trustworthiness will advance a new litigator’s legal career. “You want to be the person that the partner or the superior can go to and they know that they’re going to be able to rely on you, and even if it’s a small test, if it’s research, if it’s something you know that may not be the end-all, be-all for the case,” Davis said. Doing a good job on a small matter will build trust and lead to bigger assignments down the road, she said. Schaeffer remarked that being disrespectful to court staff is a sure way to get on a judge’s bad side. Romance added that, for attorneys whose reputation is not quite what they want it to be, it’s not too late to build a better one. Do you have a reputation that you’re the person who’s always late? Do you have a reputation as the person who’s known to be difficult, doesn’t give extensions, or requires three or four follow-up calls or emails before responding? “What is the reputation that you want,” Romance asked. “Take steps affirmatively to establish that reputation. Start one by one, little by little, re-establishing the reputation that you want to have in your community, in your firm, and it just takes one step and then another and another.” Take Responsibility for Professional Development Legal education and other professional development activities are necessary for success in the fast-changing practice of law. This is particularly true in the area of technology competence, a topic that crops up everywhere these days: electronic filing, e-discovery, data security, and remote depositions and virtual court hearings. Several states (Florida, North Carolina, and New York) have all mandated technology education in recent years. New Jersey is considering adding a technology education component to its lawyer regulations as well. Beyond strict legal education requirements, new litigators should learn how to network and add skills beyond those related to trial practice. New litigators are responsible for their own professional development, Davis said. Their law firm won’t necessarily do it for them. She advised new lawyers to “put themselves out there,” so to speak—to meet new people, to grow their network, and be open to new experiences. Pro bono work, joining a firm committee or a bar committee, serving on a non-profit organization’s board of directors all present opportunities to develop professionally. “Putting yourself out there, it can be scary, especially as a new lawyer, but being able to get out and open yourself up can help with your professional development,” she said. Practice Self-Care Wellness is a topic of growing interest within the litigation community even before COVID-19, which added rapid change, uncertainty, and social isolation to the list of challenges lawyers were already coping with. In 2020, for example, the Illinois Supreme Court Attorney Registration & Disciplinary Commission noted 29% of sanctioned attorneys had cited mental impairment or substance abuse as a contributor to their alleged ethical lapses. Davis said that she believes there is a connection between wellness and client service. Taking vacations and paying increased attention to physical fitness and emotional health will translate into delivering a better work product for clients. Romance advised finding time to take vacations longer than just a three-day weekend. The first day of a short weekend break is spent wondering about work left undone at the office and the last day is spent worrying about the week ahead. Ergo, no vacation at all. Schaeffer recommended that new lawyers find a hobby or some other fulfilling outside activity so that their sense of self-worth is not strictly tied to their sense of how their law practice is going. He added that the busiest lawyers he knows also take the most vacation time. It keeps them at the top of their game, Schaeffer said.

CALIFORNIA SUPREME COURT Civil Procedure Madrigal et al. v. Hyundai Motor America (2025) _Cal. 5th_, 2025 WL 943693: The California Supreme Court decided a narrow question regarding the interplay between Code of Civil Procedure section 998 and the recovery of costs as the prevailing party under Code of Civil Procedure sections 1032 and 1033.5. The trial court ruled that section 998 did not apply because the parties settled before the trial was concluded. The Court of Appeal and the California Supreme Court disagreed, ruling that cost shifting under section 998 is not limited to cases resolved by trial or arbitration. The California Supreme Court ruled that when a plaintiff rejects a 998 offer or allows it be deemed withdrawn, and later agrees to settle before trial, section 998 sets the default rule regarding cost shifting if its terms are met, but the parties are free to agree to their own allocation of costs and fees as part of the settlement agreement. (March 20, 2025.) Torts Escamilla v. Vannucci (2025) _Cal. 5th_, 2025 WL 943692: The California Supreme Court reversed the Court of Appeal and the trial court, ruling that an action for malicious prosecution against an attorney, brought by formerly adverse parties and not by the attorney’s clients or the intended beneficiaries of the attorney’s clients, is governed by the two-year statute of limitations in California Code of Civil Procedure section 335.1, not the one-year limitations period in California Code of Civil Procedure section 340.6 for actions against attorneys. (March 20, 2025.) CALIFORNIA COURTS OF APPEAL Arbitration Arzate v. ACE American Insurance Company (2025) _ Cal.App.5th _, 2025 WL 309326: The Court of Appeal reversed the trial court’s order that reversed its earlier order granting defendant’s motion to compel and lifted the stay of litigation after neither of the parties took any action to initiate arbitration. The underlying action was a wage and hour action by employees against defendant employer. The arbitration agreements at issue required any person having employment related legal claims to submit them to arbitration. They also required the party who wanted to start the arbitration procedure to begin the process by filing a demand for arbitration. The trial court concluded that the defendant had the obligation to commence arbitration, which is why it lifted the litigation stay after no one initiated arbitration. The Court of Appeal disagreed and reversed the trial court, concluding that under the arbitration agreements the party wanting to assert a claim governed by the arbitration agreements had the obligation to commence arbitration. In this case that was the plaintiffs. Defendant did not breach the arbitration agreements or waive its right to arbitration by failing to submit the plaintiffs’ claims to arbitration. (C.A. 2nd, filed January 27, 2025, published February 19, 2025.) Employment Lowry v. Port San Luis Harbor Dist. (2025) _ Cal.App.5th _, 2025 WL 615281: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment against plaintiff’s single cause of action alleging that defendant violated the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) when it concluded that plaintiff was not eligible for relief under FEHA and denied plaintiff’s request for disability retirement payments after plaintiff suffered a workplace injury rendering him unable to perform his essential functions as a harbor patrol officer even with reasonable accommodations. The Court of Appeal concluded that the denial of disability retirement payments is not an adverse employment action under FEHA. Disability retirement payments do not facilitate a qualified employee’s continued employment, job performance, or opportunity for advancement. They serve as income replacement for employees who can no longer work. An individual who is not a qualified employee cannot bring a disability discrimination claim under FEHA for the denial of disability retirement payments. (C.A. 2nd, February 26, 2025.) Contracts Miles v. Gernstein (2025) _ Cal.App.5th _, 2025 WL 942514: The Court of Appeal affirmed the trial court’s judgment, following a bench trial, concluding that an oral traditional surrogacy agreement that plaintiff (a single lesbian) entered into with defendant (a single gay man) controlled the relationship between plaintiff and the child born following that agreement, and plaintiff was not a parent to the child under that agreement. The Court of Appeal affirmed the trial court’s judgment, concluding that the law does not require that a traditional surrogacy contract be in writing, that Family Code section 7610 did not mandate a finding that plaintiff was the child’s mother, California case law did not prohibit the oral surrogacy agreement, and public policy supported the enforcement of the oral surrogacy agreement. (C.A. 3rd, March 28, 2025.) Insurance Prahl v. Allstate Northbrook Indemnity Co. (2025) _ Cal.App.5th _, 2025 WL 942513: The Court of Appeal affirmed the trial court’s order denying plaintiff’s petition to compel arbitration of his underinsured motorist claim. The accident occurred in 2016. After settling with the two other drivers, plaintiff initiated his underinsured motorist claim with defendant and defendant agreed to arbitrate the claim on May 29, 2018. The matter was set for arbitration in November 2022, but was continued due to the unavailability of plaintiff’s counsel. In late 2023, plaintiff contacted defendant to reschedule the arbitration, and defendant took the position that the arbitration could not go forward because the five-year deadline to complete arbitration set forth in Insurance Code section 11580.2(i) had expired. The trial court properly denied the petition to compel arbitration, properly concluding that arbitration was barred by Insurance Code section 11580.2(i) and Judicial Council emergency rule 10 (Cal. Rules of Court, appen. I, emergency rule 10) did not extend the deadline. (C.A. 3rd, March 28, 2025.)

A change in leadership in Washington always brings uncertainty, and law firms are watching closely. A new administration always sparks speculation about what’s ahead for businesses and the legal industry. While law firm marketing isn’t directly dictated by who’s in the White House, economic policies, regulatory shifts and changes in corporate priorities can all influence how law firms position themselves. So, will legal marketing change under the Trump administration? Maybe, but not in the ways you might think. Here’s how your law firm can prepare and stay ahead of industry shifts, client expectations and market trends. What Might Shift and What to Do About It 1. A Renewed Focus on Corporate and Regulatory Work If financial regulations, antitrust enforcement or environmental policies change, law firms will need to adjust their marketing strategies. Clients in heavily regulated industries such as banking, healthcare and energy will likely pay close attention to potential policy shifts. What can firms do? Get ahead of client concerns with timely thought leadership and client briefings. Write client alerts, host webinars, invest in podcasts and videos, and publish LinkedIn posts analyzing regulatory updates and their practical impact. Make it easy for clients to find your firm’s expertise. If your firm handles compliance work, ensure your website and marketing materials reflect the specific challenges clients may face under the new administration. 2. Potential Uptick in Private Equity and M&A Activity If corporate tax policies shift or regulatory oversight on deals changes, private equity and M&A activity may also increase. When the business environment favors deal making, law firms with strong transactional teams should be ready to capitalize on it. What can firms do? Ensure your lawyers are visible in the right places. Speak at industry conferences, contribute guest articles in financial publications and build strategic partnerships with deal-making organizations. Refresh your deal highlights. If your website or pitch materials don’t reflect recent transactions, now is the time to update them. Potential clients want to see what you’ve done and how you’ve handled similar deals. Be sure your lawyers update their bios as well. Leverage LinkedIn. Posting about deal trends, client successes (when appropriate) and industry insights can position your firm as a go-to resource. Prioritize content marketing. Consistently sharing insights through blogs, newsletters and thought leadership pieces helps demonstrate expertise and keeps your firm top of mind for potential clients. 3. A Continued Spotlight on Litigation and Investigations No matter who is in office, companies will face disputes. Commercial litigation, SEC enforcement and white-collar investigations will remain top concerns for businesses navigating a shifting regulatory landscape. What can firms do? Be proactive with content marketing. Litigation teams should consistently publish updates on key cases, regulatory enforcement trends and risk mitigation strategies. Use case studies strategically. While confidentiality is key, anonymized case studies or past wins that reflect the depth and breadth of your expertise can help build credibility and visibility. Use case studies in new business pitches, on your website and as social media posts. Strengthen relationships with the media. Litigation teams should cultivate relationships with legal and business reporters to ensure their perspectives are included in industry coverage. 4. Client-Centric Marketing Will Matter More Than Ever Regardless of political changes, the firms that succeed will be those that focus on their clients, not themselves. Marketing that simply highlights how great a firm is won’t be effective. Clients want to work with firms that understand their industry, their challenges and their specific legal needs. Client-centric marketing strategies are imperative to be a successful law firm today. What can firms do? Make content relevant to your audience. If you’re publishing insights, avoid generic overviews and focus on what your clients actually care about. Get more personal in your outreach. Targeted, thoughtful emails or LinkedIn messages based on a client’s current challenges will be far more effective than generic firm announcements or a checking in email. Showcase your lawyers as industry insiders. Encourage lawyers to write, speak and engage with clients and prospects in meaningful ways. 5. A Strong Digital Presence Will Continue to Be Essential If there’s one thing that won’t change, it’s the importance of having a strong online presence. The way firms market themselves has evolved dramatically in recent years, and that shift isn’t slowing down. Firms that invest in content marketing, video, podcasts, LinkedIn and SEO-driven strategies will have an edge over those that don’t embrace these strategies. What can firms do? Audit your firm’s digital presence. Is your website up to date? Are your lawyers’ LinkedIn profiles complete? How about their LinkedIn presence? If not, now is the time to fix it. Invest in high-quality content. Whether it’s LinkedIn posts, blogs or videos, firms that create consistent, valuable content will stand out. Use data to refine your approach. Look at engagement metrics to see what’s working and adjust your strategy accordingly. 6. The Power of Content Marketing in Uncertain Times One of the best ways to stay relevant in a shifting landscape is through content marketing. Timely topics create opportunities to connect with your audience, demonstrate thought leadership and provide real value. In times of uncertainty, people seek insights that help them understand how changes will impact them. What can firms do? Create content that answers the questions your clients are asking. If clients’ express concerns about regulatory changes, litigation risks or deal flow, use that as a prompt for your next webinar, blog post or LinkedIn post. Be nimble. Content marketing isn’t just about long-term strategy, it’s also about responding quickly to what’s happening now. Keep a pulse on engagement. If a topic resonates, lean into it. Write a follow-up post, do a podcast, host a webinar and share additional insights based on client feedback. What Comes Next for Legal Marketing A new administration always brings change, and law firms need to be ready. Shifts in regulations and client concerns will shape marketing strategies, but the firms that succeed won’t just react, they’ll stay ahead by anticipating what’s next and adjusting their approach. At the end of the day, legal marketing is about relationships, expertise and visibility. No matter what happens in Washington, the firms that consistently show up and provide value will be the ones clients turn to when they need guidance. Make sure that your firm is at the top of that list. 

The way we work is changing rapidly and changing in ways that legal professionals never expected. Expectations are different. The pace is faster, and managing the complexity of information is growing at a pace that the industry hasn’t faced before. With 79% of law firm professionals now incorporating AI tools into their daily work, and corporate legal departments being even more proactive in adopting AI technologies, legal professionals are no longer asking if they should adopt AI but how they can do so effectively. With so much advancement in the world of AI, what should legal professionals be aware of and prepare for throughout the next year? Based on research and input from hundreds of industry experts and professionals across legal, the 2025 Legal Tech Trends report by NetDocuments shares top trends shaping the future of AI-driven legal practice, why these trends are making such an impact in legal, and what your team can do to prepare. Here’s a sneak peek at what’s covered. AI Abilities and Knowledge Take Center Stage AI is accelerating legal workflows, including document interaction, summarizations, and contract review and analysis, and more. It’s no surprise that the use of artificial intelligence by law firm professionals increased 315% from 2023 to 2024. It’s not just law firms that see the value of using AI: 67% of corporate counsel expect their law firms to use cutting-edge technology, including generative AI. The legal industry’s interest in AI reflects a broader trend of workforce transformation, where 75% of survey respondents expect to change their talent strategies within two years in response to advancements in GenAI. Law schools are responding to the demand for AI skills by integrating generative AI training for new junior lawyers. Organizations that don’t adapt their roles and job architecture to the new norms of an AI-powered workforce could miss out on top talent. And with almost one-third of legal professionals considering leaving or having already left the industry due to mental health, burnout, or stress, AI presents a unique opportunity to ease the burden of many time-intensive tasks and curb the mental drain currently being felt. AI Agents Become a New Secret Weapon For the legal sector, agentic AI has the potential to be transformative. In 2025, early adopters will gain a new superpower—effectively adding a new legal assistant to their team. When they no longer need to constantly supervise AI, legal professionals will be able to deliver services better and quicker than ever before. This trend reflects a user-centric approach to software, where technology serves as a natural extension of workflows and enables professionals to focus entirely on delivering results. With 37% of law firm employees and 42% of their corporate counterparts saying they experience challenges in integrating GenAI with existing legal systems and processes, this will be the year that legal tech heads toward an agent-to-agent world, where AI agents facilitate instant access to information, providing answers to complex queries across various platforms and contexts. Legal professionals increasingly expect AI tools to work invisibly within their existing platforms. Embedding AI capabilities into familiar environments eliminates the need to switch between tools, allowing legal teams to manage their work more efficiently. By bringing AI to content, rather than requiring content to be migrated to standalone AI platforms, legal teams can maximize the value of these technologies while minimizing disruption. They can also deploy much faster. Proof of AI Will Be the Dealmaker of 2025 Leading vendors in the legal tech space are increasingly viewed as essential collaborators who can help organizations integrate AI-driven tools tailored to the unique demands of the legal profession. These partnerships facilitate faster deployment, access to ongoing innovation and the ability to stay ahead of emerging trends. “Nearly half of Am Law 100 firms report relying on external partners for AI implementation and support, citing cost efficiency and access to innovation as primary drivers.” Echoing this sentiment in the broader business landscape, “Traditionally, only large enterprises with deep pockets could afford to build advanced AI infrastructure. Today, strategic collaborations are democratizing AI, making it accessible to businesses of all sizes.” If a service provider doesn’t have a clear strategic plan for the use and advancement of AI, it could influence whether a partnership continues or a contract is renewed. DMS 2.0 as Legal’s AI Powerhouse An intelligent DMS enables legal teams to bring AI to their content versus taking content to the AI. With 67% of firms indicating plans to upgrade their DMS by 2025, AI-driven features will be essential capabilities to support businesses strategic goals. AI capabilities are being built into the DMS so that content can stay within the platform rather than having to move the content into a separate AI tool. Semantic search capabilities allow legal professionals to query systems using everyday language. For example, if searching for “dog,” it would know to also look for terms like “Labrador” and “Poodle.” This will finally give lawyers the type of search experience they’ve always wanted—without the manual effort of adding tags or metadata. -generation DMS platforms are also introducing automation and intelligence into document workflows. Tasks like tagging, compliance checks and version control are now automated, freeing legal teams from repetitive administrative work. For example, an intelligent DMS can extract renewal dates from contracts and trigger a renewal email alert three months prior to the date. These DMS platforms are also highly scalable, ideal for ambitious legal teams. Greg Lambert, speaking at the KM&I conference this year, adds this observation, “The adaptability of AI-powered DMS is another significant advantage. These systems can scale with a firm’s needs, automatically adjusting to changes in data volume, practice areas or client demands.” Ethics and Transparency Reign in AI’s Next Frontier As AI adoption accelerates across the legal industry, ensuring ethical use and transparency is crucial. While AI offers immense potential, it also presents challenges, including accuracy, bias in algorithms, lack of explainability and data security concerns. Addressing these issues is essential for building trust in AI-driven solutions and ensuring compliance with emerging regulations. Privacy and data security are critical in the legal sector, where sensitive client information must be protected. AI systems must adhere to stringent security protocols, including data anonymization and encryption, to meet regulatory standards. The American Bar Association Standing Committee on Ethics and Professional Responsibility released its first formal opinion this year covering the growing use of generative artificial intelligence (GAI) in the practice of law, with more guidelines sure to follow. While AI can automate tasks and generate insights, legal professionals must validate these outputs to maintain accountability. Workflows must incorporate reviews by qualified lawyers before finalizing AI outputs. Transparency is equally important, particularly as AI systems increasingly influence legal decisions. Explainable AI models, which include interpretability layers, allow legal professionals to understand how conclusions are reached. AI Will Reshape Legal Billing More than half of legal professionals expect AI-driven efficiencies to impact the prevalence of the billable hour. Some firms have already shifted toward flat fees, subscriptions and hybrid models. Firms can use the same approaches for AI-assisted work. For example, firms might charge a fixed fee for AI-assisted document review while continuing to bill for strategy development and client consultations on an hourly basis. These alternative arrangements provide greater predictability for clients and align costs with outcomes rather than time spent. Alternative fee models support client expectations as well, with 42% of surveyed firms exploring hybrid models to account for AI’s impact on efficiency and clients increasingly demanding alternative fee arrangements. Clients now expect law firms to use AI where possible to improve efficiency so they can spend appropriate time on strategic thinking for their cases Additionally, as clients demand faster, more transparent services, fixed or subscription-based fees provide clarity and flexibility. This approach aligns objectives, encourages deeper collaboration and helps firms differentiate themselves in a competitive market.

CALIFORNIA SUPREME COURT Real Property JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (2024) _Cal. 5th_, 2024 WL 5164746: The California Supreme Court affirmed the Court of Appeal decision that upheld a cotenancy provision in a commercial lease as reflecting the parties’ agreement regarding acceptable alternative performance of agreed upon contract obligations. The California Supreme Court declined to follow the analysis of the Fifth Appellate District Court of Appeal in Grand Prospect Partners, L.P. v. Ross Dress For Less, Inc. (2015) 232 Cal.App.4th 1332, 1336 that had concluded that a cotenancy provision operated as an unenforceable penalty under California Civil Code section 1671. The trial court and Court of Appeal in this case properly analyzed the cotenancy provision as a form of alternative performance because the provision allocated risks and benefits between the two parties and provided plaintiff a realistic choice between accepting lower rent or taking additional efforts to increase occupancy rates or secure replacement anchor tenants. The lease and cotenancy provision were enforceable because they simply created a rent scheme in which there were two applicable rents. (December 19, 2024.) CALIFORNIA COURTS OF APPEAL Arbitration Leeper v. Shipt, Inc., et al. (2024) _ Cal.App.5th _, 2024 WL 5251619: The Court of Appeal reversed the trial court’s order denying defendants’ motion to compel arbitration of plaintiff’s action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.). The trial court denied the motion based upon its conclusion that plaintiff’s PAGA action did not allege any individual claims subject to arbitration under the parties’ arbitration agreement. The Court of Appeal disagreed and reversed. Based on the unambiguous, ordinary meaning of the relevant statutory language and the legislative history of that language, the Court of Appeal concluded that every PAGA action necessarily includes an individual PAGA claim. The Court of Appeal reversed the trial court and directed the trial court to enter a new order (1) compelling the parties to arbitrate plaintiff’s individual PAGA claim and (2) staying the representative PAGA claim portion of the lawsuit. (C.A. 2nd, December 30, 2024.) Employment Chavez v. Cal. Collision (2024) _ Cal.App.5th _, 2024 WL 5064368: The Court of Appeal reversed the trial court’s order awarding defendants’ costs against plaintiff Samuel Zarate because he had rejected defendants section 998 offer and recovered a smaller amount at trial, it affirmed the trial court’s award of attorney fees to plaintiffs Jorge Chavez and Aldo Isas (for work performed before they accepted 998 offers), and attorney fees for Zarate (for work performed before he was served a 998 offer that he ignored), and it concluded it had no jurisdiction to hear plaintiff Zarate’s challenges to two interlocutory orders (pretrial motion for summary adjudication and motion for a directed verdict) because he failed to file a notice of appeal from the final judgment entered after trial. The Court of Appeal found no abuse of discretion in the trial court’s award of attorney fees of $5,705 to Isas, $8,300 to Chavez, and $260 to Zarate. The trial court erred in awarding costs to defendants and against Zarate under section 998 because the award violated Labor Code sections 1194 and 218.5 which specified the costs and fees that could be recovered in Zarate’s action. The trial court was directed to enter a new order denying defendants’ motion for costs and a new judgment reinstating Zarate’s total award of $26,804.91. (C.A. 1st, December 10, 2024.) Medical Malpractice Ng v. Super. Ct. (2025) _ Cal.App.5th _, 2025 WL 323098: The Court of Appeal granted a writ petition that directed the trial court to vacate its earlier order granting defendant Los Alamitos Medical Center, Inc.’s (defendant) motion to strike portions of plaintiff’s complaint seeking two MICRA caps in an action for wrongful death and a survival action. The dispute was whether recent amendments to the cap on noneconomic damages (Civ. Code, § 3333.2) under the Medical Injury Compensation Reform Act of 1975 (MICRA) and to the availability of noneconomic damages in survival actions (Code Civ. Proc., § 377.34) permitted plaintiff to recover noneconomic damages under one or two MICRA caps. The Court of Appeal concluded that the recent amendment to Code of Civil Procedure section 377.34, which authorized a decedent’s personal representative or successor in interest to recover noneconomic damages, means a plaintiff can seek two MICRA cap awards (one for himself or herself and one for the decedent) under Civil Code section 3333.2. Because a wrongful death claim and a survival claim—even when premised on the same alleged medical malpractice—are separate and distinct claims, a plaintiff suing for both claims can seek to recover two MICRA caps. (C.A. 4th, January 29, 2025.)

A year or so ago, I became a full-time mediator. While mediation had been a routine component of my 35-plus years as a trial lawyer, conducting mediations as the mediator is a strikingly different role and has taught me some valuable lessons. Many of these lessons I anticipated because of the fine formal (shoutout to Tracy Leissner and Robert Hughes and the University of Houston Law Center’s 40-hour training program) and informal training I did beforehand, as well as the countless mediations in which I participated as an advocate. But some surprised me, and they may surprise other new mediators—as well as attorneys who are new to mediation. Here are six mediation lessons I want to share. A Dispute Can Settle Early On A case—even a dispute that has yet to be filed—really can settle before the parties spend substantial sums in discovery and motion practice. There is a caveat: The parties and their lawyers must put work into the mediation process. I was skeptical at first, but I have seen it happen firsthand. Trying to resolve disputes early on—the process is now often called early dispute resolution or EDR—seems to be gaining popularity. That is no surprise as litigation continues to get more and more expensive. When I have seen it work, I have noticed at least three things were present: The lawyers had convinced their clients (or maybe it was vice versa) to come to mediation with open minds and positive attitudes about how to reach an early resolution. The parties and their lawyers worked diligently during the mediation process to bridge material information gaps. The lawyers (and therefore their clients) had good handles on their claims, defenses and potential damages. Preparation Matters When a lawyer shows up to the mediation having provided her client with a true assessment of the risks of the case, she has served the mediation process and her client well. When a lawyer shows up without having assessed the risks, he has potentially hindered the settlement process. As a young trial lawyer coming out of Baylor Law School’s Practice Court and starting as an associate in the premier trial firm of Strasburger & Price, I was taught to draft a jury charge as soon as you knew enough about your case and then assess the chances of winning the answers that you want. That meant that you were also assessing the chances of winning or losing issues as a matter of law. Did I—and do we trial lawyers—always do that? Of course not. But the more I can tell a lawyer at mediation has done that kind of work, the better I feel about our chances of success on the day of mediation. One Person Can Derail a Mediation Even when the parties are adequately prepared, one “rogue” lawyer or party can derail a mediation. To help avoid this, I have learned to do as much as possible before the mediation, or at least at its very beginning, to unmask that person. It is usually not hard to spot him or her. What is harder is predicting whether that person’s attitude will change during the day. I try to learn more about the person’s motivation for being difficult. Sometimes it is emotion. Sometimes it is an unrealistic view of the case. Sometimes it is a person being overly aggressive for aggression’s sake. The more I learn, the better I can enlist other participants to help me bring the rogue in line. An Opening Session May Be Productive—or Not I have learned to handle whether to have an opening session on a case-by-case basis. By the end of my days as a trial lawyer handling mostly large, complicated commercial disputes, it was customary to skip an opening session. While training to mediate full time, I questioned whether skipping an opening session was always the right thing to do. Sometimes it absolutely is, but sometimes it is not. I have watched opening sessions do their part to advance the parties more quickly to a settlement. I have also skipped opening sessions only to get together later in the day to tackle an issue that we could have taken care of upfront. But I have also had mediations where certain folks should not have been in the same room together. So, I have learned to address whether to have an opening session in my pre-mediation calls, and I have found myself encouraging opening sessions when I notice some reason for participants to eyeball each other at the beginning of the day. Pre-Mediation Calls and Video Teleconferences Matter Pre-mediation telephone calls and/or video teleconference sessions are a valuable part of the mediation process. A year ago, I wondered how many busy lawyers would take the time for such a call. So far, every one of them have chosen to. We have used them to do many things, such as identifying missing information needed for effective negotiations, encouraging a more fulsome risk assessment, discovering the potential rogue, discussing whether an opening session makes sense or just getting to know each other if we did not already. These calls help set the stage for a successful mediation. Following up Can Make the Difference Finally, lawyers appreciate persistent follow-up when a settlement was not reached the day of mediation. (No, I’m not batting 1000%.) By persistent, I mean following up until the lawyers tell me to go away. I have learned that such follow-up may lead the parties to realize that much of the groundwork for a settlement was already laid, and we may be able to achieve after the mediation what we were not able to do the day of mediation. Originally published in The Texas Lawbook—December 2024 and reprinted with permission. 

CALIFORNIA SUPREME COURT Civil Procedure California Capital Insurance Company v. Hoehn (2024) _Cal. 5th_, 2024 WL 4812045: The California Supreme Court overruled the rule in Rogers v. Silverman (1989) 216 Cal.App.3d 1114 (Rogers) and its progeny that Code of Civil Procedure section 437.5’s two-year time limit applies to Code of Civil Procedure section 473(d) motions to vacate a judgment that is void, stating that procedural hurdles that are unnecessary to the fair adjudication of default judgments should not stand in the way of the vindication of a defendant’s due process rights. In the underlying case plaintiff attempted to serve defendant in 2010 and allegedly obtained substituted service on defendant’s girlfriend. In 2011 plaintiff obtained a default judgment of $486,528 against defendant. In 2018 plaintiff assigned the default judgment rights, and in 2020 after the judgment creditor tried to garnish defendant’s wages. Defendant then filed his motion to set aside the default judgment which the trial court denied based upon Rogers, and the Court of Appeal affirmed. (November 18, 2024.) North Am. Title Co. v. Superior Court (2024) _ Cal.5th _ , 2024 WL 4599235: The California Supreme Court reversed the decision of the Court of Appeal regarding disqualification of the trial judge. The Court of Appeal ruled that the nonwaiver provision set forth in Code of Civil Procedure section 170.3(b)(2) precluded waiver of a party’s right to seek judicial disqualification when the claim would otherwise be barred by the requirement in section 170.3(c)(1) that a claim for disqualification should be at the earliest practicable opportunity. The Supreme Court disagreed, concluding that the nonwaiver provision of section 170.3(b)(2) applies only in circumstances of judicial self-disqualification, where a judge has determined himself or herself to be disqualified and, absent an explicit waiver of disqualification by the parties, would recuse himself or herself from the proceedings. (§ 170.3(a)(1) & (b)(1).) The nonwaiver provision is inapplicable when a party seeks disqualification by filing a written verified statement of disqualification. (October 28, 2024.) CALIFORNIA COURTS OF APPEAL Attorney Fees Ofek Rachel, Ltd., et al. v. Zion (2024) _ Cal.App.5th _ , 2024 WL 4849692: The Court of Appeal affirmed the trial court’s order awarding defendant Chaim Cohen (Cohen) to pay the judgment creditors $185,095.20 for their attorney fees and $8,964.71 in costs. Cohen was not involved in the original lawsuit leading up to the judgment. In a post-judgment debtor’s examination and other discovery, the judgment debtor admitted that his friend Cohen was paying all of the judgment debtor’s expenses, often with American Express credit cards in Cohen’s name. Cohen then became involved in post-judgment enforcement proceedings. The Court of Appeal concluded that under Code of Civil Procedure section 1218(a), a trial court has authority to impose attorney fees against a person who violated a court order compelling discovery issued during the post-judgment enforcement proceedings—even though that person was not a party to the lawsuit giving rise to the judgment being enforced. (C.A. 2nd, November 21, 2024.) Civil Procedure Gorobets v. Jaguar Land Rover North America, LLC (2024) _ Cal.App.5th _ , 2024 WL 4456864: In this important new case dealing with CCP 998 offers, the Court of Appeal affirmed the trial court’s order holding that because defendant had sent one valid CCP 998 offer that plaintiff rejected, and plaintiff failed to get a more favorable result at trial, plaintiff’s costs and attorney fees were limited and defendant was awarded its post-offer costs. The twist in this case was that defendant made two simultaneous 998 offers that it labeled as “alternative offers.” After plaintiff leased a new 2016 Land Rover LR4 from defendant, he experienced numerous defects and nonconformities that defendant was unable to repair. Plaintiff sued defendant in a lemon law case under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) and alleged (1) breach of express warranty, (2) breach of implied warranty, and (3) breach of the duty to return the vehicle from service without defects within 30 days. Defendant sent two simultaneous 998 offers. One was a lump sum offer, offering to pay plaintiff $85,000.00 to return the vehicle with free and clear title. There was no dispute that this was a valid CCP 998 offer. The other offer was a category-based offer with a dispute resolution mechanism where defendant agreed to pay undisputed damages and allowed plaintiff to pick a dispute resolution process to resolve disputed damages. For both alternative offers defendant offered to pay plaintiff’s attorney fees and costs in either (1) a flat amount of $7,500 or (2) an amount to be determined by the court. The Court of Appeal concluded that simultaneous offers to the same party are not effective under CCP 998 because such offers do not allow the trial court to determine whether a judgment is more favorable than the offer. The Court of Appeal also concluded that category-based offer was invalid. However, the Court of Appeal ruled that when an offeree makes two simultaneous offers, one of which is invalid and the other valid, this does not make the independently valid offer ineffective. The trial court properly evaluated the valid 998 offer and concluded that plaintiff was limited to recovering his pre-offer costs and attorney fees and was required to pay defendant’s post-offer costs. (C.A. 2nd, October 10, 2024.) Haidet v. Del Mar Woods Homeowners Association (2024) _ Cal.App.5th _ , 2024 WL 4677484: The Court of Appeal affirmed the trail court’s order entering a dismissal with prejudice against defendant, and awarding defendant $48,229.08 in attorney fees. The trial court entered these orders due to plaintiffs actions in filing a first amended complaint that did not name the original sole defendant (instead naming other defendants), and later seeking to dismiss the original defendant without prejudice, after the trial court had sustained defendant’s demurrer with leave to amend as to two causes of action and sustained the demurrer without leave to amend as to the other cause of action, in plaintiffs’ action alleging causes of action for breach of contract, breach of fiduciary duty, and declaratory relief against defendant. After plaintiffs filed their first amended complaint defendant requested that it be dismissed with prejudice. Plaintiffs could have dismissed defendant without prejudice by filing a dismissal before filing the first amended complaint, or by naming the defendant in the first amended complaint and then dismissing that defendant without prejudice. Plaintiffs failed to exercise either option. Instead, plaintiffs elected to amend their complaint and then, several days later, sought to dismiss, thereby forfeiting the right to voluntary dismissal without prejudice. (Code of Civil Procedure, section 581(f)(2).) The trial court had discretion to dismiss with prejudice or without prejudice, and it did not abuse its discretion in dismissing with prejudice. The trial court did not abuse its discretion in awarding defendant its attorney fees. (C.A. 4th, November 5, 2024.) Real Property JCCrandall v. County of Santa Barbara (2024) _ Cal.App.5th _ , 2024 WL 4599704: The Court of Appeal reversed the trial court’s order denying a petition for a writ of administrative mandate seeking to overturn respondent’s decision granting a conditional use permit (CUP) for the cultivation of cannabis where a private easement over a neighbor’s land was the only access to the land subject to the CUP. The Court of Appeal disagreed with the trial court and reversed its order because under federal law cannabis is illegal in California and everywhere else in the United States. The servient tenant’s objection on this ground was sufficient to defeat the CUP. (C.A. 2nd, October 29, 2024.)

The legal profession is standing at the edge of a radical transformation. Technology, shifting client expectations, new business models, and the accelerating pace of change are exposing a critical question: Will your law firm exist in five years? At Best Era, LLC, we consult with clients around the world and begin by asking them where they want to be in five years. If you aren’t thinking about five years from now, you should pause, and spend some time doing so. This isn’t just a rhetorical question. It’s one that demands sober, strategic reflection. The truth is that many firms won’t survive, not because they weren’t competent or profitable, but because they failed to adapt. If you’re leading a law firm, here are seven key questions that will determine whether you’ll still be in business half a decade from now. 1. Why Does Your Firm Exist? If you can’t answer this question clearly and persuasively, you’re already in trouble. Too many firms define their existence by inertia: We’ve always been here. Or circumstance: We signed a 10-year lease. Or comfort: We’re still making money. These are not reasons—they’re symptoms of complacency. A firm that wants to thrive must have: Well-defined values that serve as a compass in turbulent times. A clearly defined niche, because “we do everything” no longer works in a world of specialization and rapid information access. A value proposition that evolves, rooted in solving real problems in unique ways. If you don’t know why your firm exists beyond paying salaries and overhead, your future is up for grabs. The firms that will survive are mission-driven, nimble, and clear on their why. 2. Why Would Anyone Work for You? If your answer is “money,” you’re in serious danger. The legal workforce is shifting. Lawyers, especially younger ones, are increasingly driven by meaning, impact, lifestyle, and growth. Yes, they want to be paid fairly—but they also want: Purpose-driven work. Opportunities to innovate and lead. Work-life integration, not just work-life balance. Transparency and autonomy. In the age of remote work, digital tools, and widespread entrepreneurship, it’s never been easier for a talented lawyer to go solo. If your culture is built solely around compensation, you’ll find yourself in a constant cycle of turnover and talent drain. Firms that win in the next five years will create environments people want to be part of—because of how it feels, what it stands for, and what it enables. 3. Are You Hiring for the Skillsets of the Future? The skills that made a great lawyer in 2010 are not the same ones that will define success in 2030. Traditional legal education emphasized: Deep legal research. Meticulous writing. Adversarial thinking. Those skills still matter, but they’re no longer sufficient. Today, forward-thinking firms are hiring for: Project management expertise— because legal matters increasingly resemble complex operations. AI fluency— understanding how to prompt, audit, and collaborate with artificial intelligence tools. Client experience design— because value is judged not just by outcomes, but by process and communication. If your hiring is rooted in resumes and class ranks alone, you’re missing the moment. Firms of the future need people who can build, adapt, and lead in uncertainty. 4. How Strong Are Your Community Relationships? Law is a trust-based profession. And trust is built through proximity, consistency, and value. Firms that operate in a vacuum, rarely engaging with their community, industry, or niche—are out of touch and at risk. Ask yourself: Are we showing up where our clients and peers are? Are we listening to what they care about? Are we giving back in meaningful ways? Whether it’s through thought leadership, nonprofit partnerships, pro bono efforts, or local presence, community is your moat. Weak relationships mean weak referrals, poor retention, and diminished brand strength. 5. Is Your Business Model Built for a Post-Billable-Hour World? The “death of the billable hour” has been written about for decades. But today, it’s finally on life support. Why? Because AI, automation, and process optimization are collapsing the time it takes to deliver legal work. Tasks that used to take three days now take 30 minutes. If you’re billing by the hour, you’re incentivized to be slower, not smarter. Clients are noticing. The future belongs to firms that: Offer value-based pricing. Bundle services with subscriptions or flat fees. Use data and transparency to build trust, not mystery. If your margins depend on dragging out routine work, your model is in jeopardy. Start rethinking value, not as time spent, but as problems solved. 6. Are You Ready for a Leveled Playing Field? The tools of BigLaw are no longer exclusive. A solo practitioner armed with Westlaw AI, a decent case management system, and a smart strategy can now: Draft contracts at scale. File complex litigation. Deliver 24/7 client updates. This is a tectonic shift. Technology is democratizing legal services. You don’t need a floor of associates and paralegals to compete anymore—you need leverage and precision. This means: Rethinking your firm’s cost structure. Redesigning workflows for maximum automation. Competing on strategy and insight, not brute force. Legacy is no longer a moat. Agility is. 7. Can You Justify Working at Your Firm? Let’s say you’re a talented associate or even a partner. You’re watching AI eat time, remote work untethering geography, and legal entrepreneurs thriving with minimal overhead. Why stay? That’s the question your current and future lawyers are asking. If you want to retain and attract top talent, you’ll need answers like: “Because we offer growth and mentorship you can’t get elsewhere.” “Because our platform helps you scale your impact.” “Because we make it easy to do your best work without burning out.” Gone are the days when security and tradition were enough. Today’s legal professionals want alignment, innovation, and freedom. And if they don’t get it from you, they’ll go build it themselves. Conclusion: Five Years Is Closer Than You Think This isn’t alarmism—it’s realism. Law firms that thrive in the next five years will not be the biggest or the most prestigious. They will be: Mission-aligned. Tech-enabled. Client-centered. Talent-smart. If you’re not actively evolving in those directions, the clock is ticking. Start with the hard questions. Build from first principles. And above all, don’t assume you’re safe just because you’re profitable today. The winds have shifted. Make sure your sails are set.

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace investigations, which in turn helps build trust within the organization, lends a listening ear to aggrieved and accused employees and protects the organization from liability. This alert highlights strategies for ensuring that your workplace investigations promote organizational integrity, establish fair treatment, and foster a positive work environment. Identify the Scope Defining the scope of a workplace investigation is fundamental to its success and efficiency. A well-defined scope acts as a roadmap, preventing investigators from pursuing irrelevant leads while ensuring all pertinent issues are thoroughly examined. Without clear boundaries, investigations risk becoming unfocused fishing expeditions that waste resources, delay resolution, and potentially create additional liability. Investigators must identify the specific allegations and the relevant time period(s), parties involved, and evidence. They should also establish which policies are at issue and may have been violated. This framework helps maintain objectivity and ensures investigations remain focused on substantiating or disproving specific claims rather than expanding into tangential matters. Create Your Investigation Plan The moment a complaint is reported, the clock starts ticking. It is imperative to promptly investigate and to not unreasonably delay an investigation or to appear unresponsive to the allegations made. A timely investigation is critical to resolving and addressing any issues and to asserting possible defenses should the matter lead to litigation. While an effective investigation isn’t necessarily completed overnight, companies should consider timelines of one week, two weeks, or sometimes a month depending on the nature of the claims, the number of documents to review, and the number of interviewees involved. The investigator should come into each witness interview armed with an outline of questions to help guide the discussion. While the outline need not be followed rigidly, the outline can help the investigator stay organized, ensure key topics are covered, and help maintain a structured flow, ultimately leading to a more focused and successful interview. Additionally, the investigator should consider what the relevant documents are and ensure that all documents pertinent to the claims have been reviewed. For instance, does the investigator have access to relevant emails, text messages, complaints to human resources, disciplinary documents, and personnel files? Though it is not uncommon for new documents to be discovered during an interview, the investigator should enter the interview with a grasp of what the file entails. Last, when establishing a plan, choose a location where the interviewee will feel comfortable speaking frankly and truthfully. The environment of the interview can play a significant role in shaping the outcome of the interview. If the interviewee feels embarrassed, threatened, or spotlighted, the interviewee may not speak with full candor. To the extent possible, interviews should take place in a private room free from distractions or visibility to the interviewee’s colleagues. Off-site conference rooms or even remote interviews during which the interviewee is at home are encouraged. In some cases, it may be necessary to choose different locations for the various interviewees depending on the circumstances. In other words, a high-level manager with a secluded office may be interviewed in a different setting than an intern assigned to a cubicle alongside other colleagues. The investigator should also consider whether the individuals being interviewed are hourly employees who need to be compensated for the time spent participating in the investigation. Decide Whether Immediate Action is Necessary Businesses may be confronted with the issue of whether it is necessary to take immediate action after a complaint is reported. Depending on the nature of the complaint, taking immediate steps to protect the complainant may be critical. This may take the form of paid temporary leave, schedule adjustments, or physically separating the workspaces of the complainant and accused to prevent any further misconduct. Employers must be aware, however, that such decisions should not go so far as to burden or inconvenience the complainant and their ability to perform their job duties during the investigation. For example, placing the complainant on an unpaid suspension or transferring their work location without their consent can be perceived as retaliatory and is not recommended. Similarly, an employer must consider whether to remove the accused from the workplace pending investigation, temporarily reassign the accused to an alternative work assignment, and/or whether to compensate the accused if they are suspended pending investigation. Each investigation is unique and may warrant different circumstances during the pendency of an investigation. Communicate the “No Retaliation” Rule One of the most pressing considerations is ensuring that a workplace investigation does not result in retaliation. Every interviewee should be told at the outset that retaliation will not be tolerated against those who complain or those who participate in investigations. It must be made clear that acts of retaliation will be subject to disciplinary action, up to and including termination. Workplace investigations can place employees on the defensive, because they often feel like they are being accused of wrongdoing, even if they are not. This can lead to a sense of personal attack, fear of repercussions, and a desire to protect themselves by minimizing their involvement. Thus, communicating a “no retaliation” rule is critical in protecting the company and encouraging participation in the process. Employees should be instructed not to retaliate against anyone and should similarly be put on notice to report any retaliation they may face as a result of their own participation. Additionally, the investigator must explain that information provided during the interview may be shared with others only if absolutely necessary. Interviewees should understand that complete confidentiality cannot be guaranteed and may be virtually impossible to maintain in the event that a lawsuit arises. Should litigation be pursued, the interviewee should know that relevant parties will require copies of all statements and case-related documents. At the same time, the investigator can reassure the subject that they intend to uphold confidentiality as much as possible and that they plan to gather all available facts before reaching any conclusions. Choosing the Right Investigator One of the most avoidable hiccups is choosing the wrong investigator. The choice of investigator directly impacts the investigation’s credibility, effectiveness, and legal defensibility. Employers should pay heed to choosing an investigator with awareness and sensitivity. Differences in background, understanding, and experiences might affect communication styles, power dynamics, and interpretation of events. Remain Impartial Impartiality is key. The investigator should focus on maintaining a neutral and impartial tone throughout the course of the interview so as to not discredit impartiality or cause the interviewee to question their motives. While it may be tempting to gain the interviewee’s trust by acting like you are on their side, any flaws in the process can be used to challenge the credibility of the investigation’s findings, leading to potential legal liability for the employer. Reaching a Determination and Communicating to All Parties After conducting the initial interviews and any necessary follow-up interviews, there should be a formal conclusion to the investigation memorialized in writing. The final written report should reach an ultimate conclusion as to the facts and whether policies were violated, but should not opine on issues of law or use legal terms. The report should also highlight a section that provides a clear statement of the findings of the investigation on each key issue, including any issues that were not resolved. The final report should also include a list of the parties involved, employer policies or guidelines relevant to the investigation, and the parties responsible for making the final determination. The report should assess the credibility of witnesses. Did the interviewee display a clear sense of personal interest in the results of the investigation? Is the interviewee’s job on the line and would they have any reason to be untruthful? Does the interviewee have an obvious animus towards the complainant or accused? The investigator should be assessing the interviewee’s subjective credibility in ensuring whether their answers are truthful and accurate. The investigator may be tasked with issuing a recommendation on the employment decision, at which point a member of the business, in consultation with legal counsel, will assess, finalize, or reject that recommendation. If tasked with issuing the business a recommendation, the investigator should clearly identify the basis for their recommendation in an impartial manner, using the facts and information obtained during the course of the investigation. Last, effective communication is paramount when closing an investigation. An organization may want to consider the following approaches: providing appropriate notifications to involved parties while maintaining confidentiality, communicating outcomes to relevant stakeholders without disclosing sensitive details, ensuring transparency about the process and commitment to organizational standards, and offering support resources for employees affected by the investigation. Closing the Investigation Closing a workplace investigation is a delicate and crucial process that requires careful attention to detail, legal compliance, and organizational integrity. The manner in which an investigation is concluded can significantly impact employee trust, organizational culture, and potential future legal implications. Based on the investigation’s findings, the organization will want to develop a clear and actionable plan for resolution. This may include: Disciplinary actions for substantiated misconduct; Targeted training or educational interventions; Policy revisions or organizational practice improvements; Mediation or conflict resolution strategies for interpersonal issues. An investigation’s closure is not the end of the process, but a new beginning. Organizations should work to implement a follow-up plan to monitor the effectiveness of corrective actions, conduct periodic check-ins with the involved parties, track any recommended organizational changes, and assess the long-term impact of the investigation’s outcomes. By approaching the closure of a workplace investigation with thoroughness, empathy, and strategic insight, organizations can transform a potentially challenging situation into an opportunity for positive change and continuous improvement.

Let’s get it out of the way: Referrals still reign supreme when it comes to getting new clients. In the 2025 edition of Greentarget and Zeughauser Group’s survey of decision-makers, “recommendations from sources you trust” is the No. 1 method clients use to find new outside counsel, cited by 92 percent of in-house counsel and 86 percent of C-suite executives. While referrals remain the dominant go-to method for your potential clients, they are also frustratingly finite: Your potential referrals are limited by your personal network. While the Pew Research Center estimates that most of us have about 634 ties in our overall networks, the number of relationships we can maintain for mutual benefit (i.e., I do your legal work, and you refer me to a friend) is 150. So how can you attract clients outside your 150 ties? Let’s look at the other tactics your prospects turn to: Publications and Presentations Writing and speaking take second place with both in-house counsel and C-suite leaders, used by 78 percent and 74 percent, respectively. And for good reason: both provide the equivalent of free samples of your perspective and your approach—exactly why they would hire you. The influence of your writing and speaking is amplified when it is delivered through a publication, organization or event they highly trust. Professional Biography If your law firm website was a store, the biography is your product description, showing potential clients your experience, background and—ideally—the benefits they can expect by hiring you. Bios are reviewed by 67 percent of in-house counsel and 74 percent of business leaders. Related, your LinkedIn profile matters, too: It’s consulted by 62 percent of in-house lawyers and 74 percent of the C-suite. Content While they lack the third-party endorsement of a major publication or trade organization newsletter, blog posts on topics that are relevant to their particular industry or issue are used by a majority of potential clients in the scouting process—62 percent of in-house counsel and 57 percent of executives. Peer-Driven Rankings and Directories Love them or hate them, accolades like Chambers, Benchmark, IP STARS and others still carry weight with more than half of your prospective clients—56 percent of in-house lawyers and 62 percent of executives. Quotes in Relevant Media Outlets Being quoted as an expert source helps with fewer than half (42 percent) of in-house lawyers, but earned media remains a popular way to reach business leaders, with 51 percent considering quotes in their attorney searches. What’s not on the list? Posts on X (formerly Twitter) took a precipitous drop in this edition of the survey, going from use by 48 percent of the C-suite to just 36 percent, and from 21 percent of in-house lawyers to just 13 percent. Meanwhile, law firms should not be overly concerned with their Wikipedia pages, referred to by 24 percent of C-level executives and 13 percent of in-house lawyers. What does this mean for you? To reach potential clients outside your immediate network—and to bolster your standings among referrals who look you up—consider four activities: Pursue writing and speaking opportunities with outlets that are relevant to your target clients. Think beyond bar events; what conferences or conventions do your prospects attend? Where do they speak or sponsor? What do they read? Some light LinkedIn stalking can be very informative. Want to be a true authority in your priority industries or markets? Consider conducting a survey to position yourself as an authority with exclusive insights. Update your firm biography. This website page may be the most powerful document in your marketing arsenal, capturing the attention of two out of three in-house counsel. Make it current and compelling, and make sure it provides evidence of your capabilities, not just claims. Show your expertise through content. Publishing insights and analysis on your firm’s website gives you an owned media channel that can impress potential clients and draw additional traffic, expanding your network even more. Make it useful, current and concise. Take a purposeful approach to awards and rankings. The Greentarget/Zeughauser report refers to these as “icing on the cake” for your prospects; they may not get you the work on their own, but they can serve as a third-party seal of approval in the consideration process. Survey your competition: Where are they ranked? Where can you unseat them? Are there any industry awards—e.g., the ‘Widget Industry Lawyer of the Year’—that could mean more to your clients than another lawyer-to-lawyer prize? Choose one award you can either add or upgrade, and play to win. In 2025, nearly half of attorneys and law firm marketers said that business development will be harder than in 2024, according to BTI Consulting—and that was before increased chatter about a possible recession. In this kind of environment, it’s dangerous to rely on passive referrals alone; improve your business development probabilities with marketing communications tactics that are shown to get the attention of the prospects who matter most.

A Familiar Story of Communication Chaos You’ve likely lived this scenario. It’s Monday morning. You have a deposition at 10, a court call at 2, and a mountain of emails to sift through. Your paralegal pokes her head in: “Hey, did anyone ever follow up on that new lead from Thursday?” You haven’t heard a thing. You join a hastily scheduled Zoom meeting where no one seems prepared. The marketing head talks about leads. Finance interjects with cashflow concerns. Operations need clarity on hiring. Forty-five minutes go by. You hang up frustrated, knowing nothing really got done. Afterward, a partner swings by: “Hey, what did we decide about intake scripts?” You sigh. “I don’t think we actually decided anything.” Welcome to the paradox of modern law firm life: we have too many meetings and not enough communication. How is that possible? Because what most firms suffer from isn’t over-communication, it’s misaligned communication. The Cost of Misalignment According to a study by McKinsey, employees spend nearly 61% of their workweek on “work about work”—status updates, internal communication, and meetings—not actual productive tasks. Harvard Business Review reports that senior executives spend nearly 23 hours a week in meetings, and 71% of them say meetings are unproductive and inefficient. The legal profession isn’t immune. In fact, we might be one of the worst offenders. Lawyers are busy. Everyone is in trial prep, answering client emails, or billing time. So, we add more meetings to fix the problem—weekly check-ins, project updates, all-hands. But instead of solving issues, we drown in overlapping conversations, vague follow-ups, and inconsistent decision-making. At the same time, critical information isn’t shared across departments. Marketing launches a new campaign, but intake doesn’t know how to qualify the leads. A new associate is hired, but no one trained them on file naming protocols. Sound familiar? What this creates is not just inefficiency—it’s exhaustion. Communication Without a System Is Just Noise I’ve lived this chaos. At my firm, we grew from a napkin-and-Panera vision to a $100 million verdict and a thirty-person team. But in the early years, it was messy. We were reactive, putting out fires, and throwing more meetings at the problem. We were trying to scale without a map. Eventually, we discovered that the issue wasn’t just our communication—it was our lack of a system for it. That’s why we built The Way —a law firm operating system designed specifically for small and mid-sized firms. It’s how we transformed our leadership team from stressed-out survivors to aligned strategic thinkers. It’s how we cut meeting time, improved decision-making, and turned our firm into a business we actually loved running. Meetings Aren’t the Enemy—Bad Meetings Are The problem with law firm meetings isn’t quantity—it’s quality and clarity. The Way flips the typical meeting culture on its head. Instead of endless unstructured discussions, we use a rhythm of short, purpose-driven meetings that keep the team aligned and the business moving forward. Here’s how it works: 1. Weekly Check-Ins (30 Minutes Max) We run sacred 30-minute meetings each week with our leadership team. The agenda is simple: Good news (1–2 minutes each) Progress snapshots (quick “on schedule” or “off schedule” updates) KPI review (to make sure the business is healthy) One pressing opportunity (a real problem we tackle together) That’s it. We don’t talk in circles. We don’t problem-dump. We don’t meet unless we have a reason. These check-ins have saved us hundreds of hours. More importantly, they’ve made our leaders accountable for their priorities. 2. Monthly Stops (90 Minutes) Once a month, we replace a weekly check-in with a deeper 90-minute review where we explore three opportunities in the business—things we’ve been observing and tracking. This meeting creates space for reflection, cross-functional problem-solving, and strategic pivots. 3. Quarterly Milestones Every 90 days, we run a half-day planning meeting. We review how the last quarter went, identify missed goals (and why), and reset priorities for the next 90 days. Everyone leaves that meeting knowing exactly what they’re responsible for—and how success will be measured. 4. The Annual Meeting (The Big One) The annual meeting is where alignment becomes reality. We reflect, set our 5-year vision, define quarterly milestones, and recommit to our firm’s values. For a lot of firms, this is the first time the leadership team is truly rowing in the same direction. And that, in my experience, changes everything. Communication = Culture = Results When you implement The Way, something surprising happens: your firm gets quiet. The “just checking in” messages disappear. You stop playing calendar Tetris with everyone’s schedules. Team members start solving problems on their own—because they already know the goals, systems, and expectations. The result? More time. More energy. Better decisions. That’s not just our experience—it’s what the research shows: Companies with highly effective communication practices had 47% higher total returns to shareholders over a five-year period (Towers Watson). 86% of employees cite lack of collaboration and ineffective communication as the main causes of workplace failures (Salesforce). High-performing teams are twice as likely to have clarity on goals and individual responsibilities (Harvard Business Review). When law firms build a communication system that reinforces clarity and accountability, the business doesn’t just survive—it scales. The Magic Is in the Structure The genius of The Way is its simplicity. You don’t need an expensive consultant, a team of MBAs, or a complicated org chart to implement it. You just need to: Run a proper Annual Meeting with a clear destination and quarterly milestones. Create a cadence of check-ins (weekly, monthly, and quarterly). Assign responsibility for each milestone. Track a small set of KPIs to know whether the business is healthy. Stick with it. Over time, you’ll start noticing things: People stop asking what the priorities are. Deadlines don’t slip through the cracks. Morale improves, because clarity reduces stress. Leadership becomes a team sport. No More “Winging It” I’ve talked with dozens of firm owners who have some version of this confession: “Honestly, we’re kind of just winging it.” There’s no shame in that. Most of us didn’t go to law school to run businesses. But here we are. What The Wa y offers is a blueprint—not just for meetings, but for alignment, accountability, and long-term success. You don’t have to wing it anymore. You can lead with intention. You can give your team structure. You can run meetings that actually move the business forward. And if you do, the business you’ve always wanted isn’t just possible—it’s inevitable. Final Thoughts You don’t need more meetings. You need better meetings, guided by a better system. The Way was built by lawyers, for lawyers. It’s designed for small and growing firms who want to stop reacting and start leading. It’s not fancy. It’s not magic. It just works. In our firm, implementing The Way tripled our revenue in three years—not by working more, but by working smarter. If your leadership meetings feel aimless, your team seems confused, or your calendar is filled with noise— The Way might be the solution you’ve been looking for. Let’s stop wasting time. Let’s start building the business you deserve. 

“We just can’t find good people.” Sound familiar? You’ve probably heard it in a leadership meeting. Or muttered it to yourself after another fruitless attempt at trolling for resumes on Indeed and LinkedIn. The truth? Hiring in today’s legal market feels like trying to find a unicorn in a thunderstorm. The great ones aren’t applying. The good ones ghost you. The ones who do come through the door often aren’t a fit. And the question law firms keep asking is: “Where are all the great candidates?” But maybe that’s not the right question. Maybe the better question is: “Why would a great candidate choose us?” Hiring Is a Marketing Problem For years, law firms have treated hiring like a back-office function. Put out a job post. Wait for resumes. Complain about the talent pool. Rinse and repeat. But here’s the wake-up call: The hiring market isn’t an HR issue, it’s a marketing issue. You’re not just offering a job. You’re making a promise. A story. A future. And in 2025, the best talent isn’t looking for just a paycheck. They’re looking for purpose. Your Future Hires Are Watching You Just Like Your Future Clients Are Today’s law students and young lawyers are some of the most values-driven professionals the industry has ever seen. They care about more than salary. They care about: Work-life balance (and not just in the brochure) Whether you actually support mental health DEI efforts that go beyond hashtags Whether your firm aligns with their personal values They’re not just Googling your Glassdoor reviews. They’re scrolling your Instagram. Watching your TikToks. Reading your “About Us” page with the same scrutiny you apply to a closing argument. They’re asking: “Would I be proud to work here?” If the answer isn’t clear, or worse, if it’s no, they’re moving on. If You Want Better Talent, Build a Better Brand The firms that are winning the war for talent have figured it out: Your employer brand is just as important as your client-facing brand. You wouldn’t launch a new client service without a clear value proposition, a compelling story, and a consistent message. So why would you hire that way? The same marketing principles that attract clients should be used to attract top-tier talent: Positioning— What makes your firm different from every other mid-size litigation shop? Messaging— Are you telling the story of who you are and why it matters? Social proof— Are your current employees sharing why they love working for you? Clarity— Do your job descriptions sound like human conversations or legalese soup? Values Are the New Differentiator Here’s the part most firms miss: Culture isn’t ping-pong tables or free coffee. It’s what you believe. And today’s hires want to work for a firm that stands for something. That might be: A commitment to justice reform Being trauma-informed in client interactions Supporting working parents Prioritizing mentorship and growth Whatever it is, you need to say it out loud and often. And not just on your Careers page. On your LinkedIn. In interviews. At law school recruiting events. In every story you tell. Because when your values are clear, two things happen: The right people are drawn to you. The wrong people screen themselves out. That’s what strong branding does. “But We’re Not That Interesting…” Yes, you are. Every law firm has a story. A heartbeat. A reason it was started in the first place. The problem is, most firms forget to tell it. They default to vague descriptions like “dedicated to excellence” or “client-centered advocacy”. Phrases that mean nothing and inspire no one. You don’t need to be flashy. You just need to be real. Tell the story of why your founders walked away from BigLaw. Share your vision for building a practice that values family. Highlight the alumni of your summer associate program who’ve gone on to do amazing things. That’s what resonates. Make Marketing a Hiring Tool If you want to attract aligned, invested, high-performing team members, your marketing should speak to them before you ever post the job. Here’s how to start: Audit your online presence. Would you want to work at your firm based on what’s on your website and social media? If not, fix it. Feature your people. Showcase associate wins. Highlight team culture. Turn your people into your best recruiters. Tell real stories. What’s it actually like to work at your firm? What do you believe in? What are you building together? Lead with values. Define your core values and weave them into your marketing, onboarding, and decision-making. Think like a recruiter. Your job posts should sound like invitations, not requisitions. Sell the opportunity, not just the requirements. Final Thoughts: People Don’t Want Perfect, They Want Purpose The firms that attract the best talent in the next 5 years won’t be the ones with the fanciest perks or the biggest budgets. They’ll be the ones who mean it. Who stand for something. Who show up consistently. Who use marketing not just to grow revenue, but to grow community. So, if you’re struggling to hire: stop tweaking your Indeed ad. Start telling a better story. Because in a world full of noise, the firms that win will be the ones that are clear, aligned, and unapologetically themselves. Want a team that actually wants to work for you? Start marketing like it.

Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement. Until recently, outside funding for litigation was prohibited by the concepts of “maintenance” and “champerty”. The erosion of these common law concepts first began in Australia, then moved to the United Kingdom, before entering the U.S. and changing the litigation landscape. Over the last fifteen years, litigation funding in the U.S. has expanded from a prohibited practice to a $15 billion market, and one that is expected to grow to over $25 billion by 2030. In patent litigation, conservative estimates presume funding undergirds about 30% of all patent litigation. Litigation funding shifts the financial risks of lawsuits away from firms and individual plaintiffs to outsiders willing and able to shoulder that risk. In contrast to the traditional contingency fee model, litigation funding shifts the risk from the firm to the funders. The financial model of litigation funders allows the risk-shifting. Such investments in litigation are non-recourse loans, meaning that whether the suits are won or lost, the lawyers get paid. In addition, litigation funding may help smaller entities and individuals compete with corporations. Without capital from funders, small businesses and even some non-practicing entities would not be able to take their cases to court because they could not compete against a large corporations’ legal departments, outside counsel, and sizeable budgets. Here, funding gives some patent holders a fighting chance. Litigation funding also benefits patent holders by monetizing their claims up front. For example, an influx of capital from a funder can sustain a small startup, help launch its technology, and defend its interests. Without funding, smaller and startup businesses would need to take on all the risks and costs of litigation, and if they won—whether at trial or by settlement—they would have to wait for the case’s resolution to receive any money. Further, there is an argument that litigation funding increases access to justice. When a smaller entity holds an otherwise valuable patent, but one that it cannot litigate due to financial constraints, litigation funding allows the smaller entities access to litigation. Without funding, a small-time patent holder may have no other recourse or access to justice. Nonetheless, litigation funding is not without criticism. For example, funders may exercise significant control over litigation. This could arise from the terms of the agreement. Or the control may come from calculated decisions about where to file to maximize likely return, or determining the parameters of settlements. Or a funder may determine the parameters of settlements. This type of influence can interfere with the professional independence of lawyers and their loyalty to clients. In a similar vein, funding may contravene the Model Rules of Professional Conduct, which are designed to ensure that lawyers act in the best interest of their clients. For example, Model Rule 1.2(a) says, “[a] lawyer shall abide by a client’s decision whether to settle a matter.” But, in some funding agreements, provisions allow funders to make decisions about whether and when to settle. And, unlike attorneys, funders do not owe a fiduciary duty to the plaintiffs and may not be acting in their best interest. As another example, Model Rule 5.4 prohibits fee-splitting between a lawyer and a non-lawyer, except under some outlined exceptions. However, some funding agreements violate Rule 5.4’s fee-splitting provision because funders are paid a percentage of the legal fees secured by the plaintiff’s attorney. Another criticism of litigation funding is that it allows outsiders to use courtrooms as a trading floor. Such funding can incentivize the filing of non-meritorious litigation. Litigation is expensive, so most businesses avoid it. Indeed, businesses often settle cases rather than engage in protracted and costly litigation, regardless of whether the claims are legitimate. Since litigation funding shifts the risk from plaintiffs to outsiders, there is less risk associated with non-meritorious claims. Lastly, third party funding in patent suits may pose a threat to national security where the identities of funders are hidden. The fear is that this secrecy could allow foreign adversaries to benefit by influencing the American legal system, devaluing existing patents, interfering with innovation, gaining access to sensitive information, including military technology, evading sanctions, or otherwise harming U.S. interests. With these national security concerns in mind, about two years ago fourteen state attorneys general signed a letter expressing their concerns. As Vice Chairman of the Senate Intelligence Committee, current U.S. Secretary of State Marco Rubio and Senator John Kennedy (when he was Ranking Member of the Subcommittee on Federal Courts) have also echoed these concerns. In Washington, U.S. Representative Darrell Issa, Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, is leading the charge to regulate. The related hearing, “The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities,” examined IP litigation financed by third party investors and foreign entities, including the impact of those developments on the U.S. IP system and U.S. national security. Following the hearing, Rep. Issa released the Litigation Funding Transparency Act of 2024, which requires the disclosure of any third-party that has a right to receive any payment contingent on the outcome of the civil action and require the agreement creating the right to receive payment be produced to the court and named parties. It would not, however, require disclosure of any individuals or entities who do not receive payouts from funds obtained in settlements or court judgments. The Act further includes exceptions for funders who receive payments solely for the purposes of reimbursement or loan repayment. Ultimately, the Act would require transparency and the disclosure of the third-party funders’ involvement to ensure the court and parties are aware of the agreement. In sum, litigation funding may improve access to justice to smaller entities, shifts the risk from lawyers and or clients to others, and keeps many lawyers employed. On the other hand, litigation funding may threaten the professional independence of lawyers, contravene the Model Rules of Professional Conduct, decrease transparency in the legal system, and pose national security risks. Regardless, as a $15 billion industry occurring in about 30% of patent infringement suits, it is a behemoth that has invited much criticism and some government response.

For decades, law firm financial models have been built on a simple premise: people doing lots of work. The industry has functioned on the billable hour, where time is directly equated with money. It has become a universal metric of value. But that model is standing on the edge of a cliff, and over the next five years, it will be pushed off by the rapid and unrelenting advance of artificial intelligence. We are entering a period of fundamental transformation. The implications are not just about technology, but about values, business models, pricing, training, and what it even means to be a lawyer. The traditional calculus of legal services is about to change dramatically. The Crumbling Foundation: Time-Based Pricing in a Post-AI World The billable hour has always had its limitations. It rewards inefficiency, punishes productivity, and creates misaligned incentives between lawyers and clients. But it persisted because clients had few alternatives. That is about to change. AI, particularly generative models, are already transforming the way legal work gets done. Tools like Harvey, Spellbook, and even ChatGPT are accelerating contract review, research, drafting, and analysis. McKinsey projects that up to 44% of legal tasks could be automated by current technologies. Goldman Sachs suggests that as much as 23% of the work of lawyers could be replaced by generative AI. For clients, this is a game-changer. They will no longer tolerate being billed hundreds of hours for tasks that AI can complete in minutes. They will demand efficiency and transparency. They will seek legal partners who align with their values and needs, not those who cling to outdated revenue models. The Rise of In-House Legal Teams and Legal Ops One significant shift we will see is the continued growth and sophistication of in-house legal departments. As law firms lag behind in adopting AI or cling to the billable hour, clients will bring more work in-house. General Counsels, equipped with AI tools and increasingly trained in legal operations, will build leaner, more tech-savvy teams. In fact, the Association of Corporate Counsel (ACC) reports that 57% of in-house teams are already using legal technology to increase efficiency. The legal ops revolution is not coming. It is here. And it is only accelerating. Clients will simply refuse to pay for inefficiency. They will expect law firms to deploy AI just as they expect them to use email or e-filing systems. Those who fail to do so will be outcompeted by firms that embrace change or by in-house teams that deliver faster, cheaper, and better. A Shift to Values-Based Pricing In this new world, the value of a lawyer will not be in the number of hours they work, but in the judgment they bring. As AI handles more of the grunt work, what clients will pay for is wisdom. Strategic thinking. Creative advocacy. Trusted counsel. Relationships and reputation. This is why we will see a dramatic increase in hourly rates, even as the hours themselves become less central. Lawyers will be hired for the problems they can solve, not the tasks they can perform. Value-based pricing will become normative. This isn’t theoretical. We’re already seeing this shift. At elite firms, partners command rates of $2,000 an hour or more. That rate isn’t about the time it takes to draft a document. It’s about the experience, network, and influence that lawyer brings to the table. In the next five years, that kind of pricing model will become mainstream, not niche. Firms that succeed will shift from selling labor to selling insight. A fifteen-minute phone call that changes the trajectory of a deal will be seen as more valuable than a hundred hours of AI-assisted document review. This is a fundamental reframing of legal value. Implications for Law Firm Business Models These changes will ripple through every part of the firm. First, staffing will change. Fewer junior associates will be needed to grind through discovery or research. Firms will need to be leaner, with a greater emphasis on senior attorneys who can deliver high-value judgment. Compensation models will need to evolve. Originations, relationships, outcomes, and innovation will matter more than sheer billable hours. Firms will invest in knowledge management, AI fluency, and client service over traditional leverage ratios. We will also see the rise of new kinds of firms entirely. Boutique, virtual-first, AI-native practices will emerge and thrive. They will offer flat fees, subscriptions, and project-based pricing. They will meet clients where they are. And they will force legacy firms to adapt or die. Training Tomorrow’s Lawyer If the work of lawyers is changing, then so too must the way we train them. Law schools can no longer produce attorneys who are good at issue spotting and memorization alone. They must cultivate empathy, creativity, adaptability, and business sense. The curriculum will shift. Expect to see more courses in legal tech, innovation, negotiation, and human judgment. Clinics and experiential learning will become even more critical. AI literacy will be as essential as legal writing. And beyond law school, firms will need to rethink mentorship and training. Associates will not learn by osmosis from endless hours in the trenches. They will need structured development and exposure to strategic thinking early and often. The Lawyer as Strategic Partner In a world where machines do much of the heavy lifting, the human lawyer becomes even more important—not as a technician, but as a strategic partner. This is the lawyer who understands the client’s business, anticipates issues, and guides them through risk and opportunity. The human edge will be judgment, empathy, persuasion, and the ability to operate in ambiguity. Lawyers who can synthesize complex information, build coalitions, and negotiate outcomes will be indispensable. This is a hopeful vision. It is not about obsolescence. It is about elevation. AI will take over the mundane so that lawyers can do what they do best: help people solve problems and make better decisions. Conclusion: Five Years to Reinvent the Profession The legal industry has five years. Five years to rethink its pricing, value, and purpose. Five years to reimagine its training, staffing, and culture. Five years to build a profession that is not only AI-resilient but AI-enhanced. The firms that will thrive are those that embrace this moment. That see AI not as a threat, but as a catalyst. That understand that the billable hour is not sacrosanct. That are willing to lead. The upside here is agile firms will be able to serve clients whose matters they were previously unable to serve. Because the future is not about time. It is about value. And the time to start is now. 

In an article I wrote long ago, I encouraged law firm managers and owners not to manage by email. Email is mainly ineffective for conveying messages or instructions to specific employees. Emails can be helpful when conveying firm-wide messages. They can also be used if a law firm is trying to document something for legal purposes with a specific employee. However, email can often be misinterpreted. Frequently, somebody can read an email and take it the wrong way. They may think somebody is upset when they are not, or they might think something is clear when it is vague. Employees Are Not Reading Your Emails Another drawback of sending many emails within your law firm is that few employees read them. Law firm managers and owners often send detailed instructions to other employees, which could involve legal or administrative tasks they want completed. However, with the voluminous number of emails flying on a given day, many employees are not even reading your emails. If they are reading them, they may just be glossing over them quickly. Emails sent after hours are read with even less frequency than emails sent during work hours. this reason, when a law firm owner or manager wants to convey an essential message to an employee, it is almost always better to speak to that person directly. If that is not possible, calling that employee on the phone or having a virtual meeting with them can be far more effective. A law firm owner or manager can email to follow up on the conversation and document it. However, if the instructions are emailed, the employee often has not even thoroughly read the email. They Should Read My Emails Upon hearing this, many law firm managers and owners insist that employees read their emails. They might think the employee is disrespectful or insubordinate by not reading their emails. The reality, however, is that if the law firm manager or owner wants a task done, they need to walk down the hall and talk to somebody, call them, or do a virtual meeting with that employee. Talking to somebody directly increases the chances of the task being done correctly. On the other hand, if the law firm manager is firing off instructions via email, the chances of that task being done correctly infinitely decrease. A law firm manager or owner can insist on sending lots of emails. However, if the emails are not working, the law firm manager or owner needs to change by communicating less by email.

The legal profession, steeped in tradition and hierarchy, is undergoing profound generational shifts that challenge the way law firms operate internally. These shifts reveal the complexities of managing intergenerational leadership and highlight the need for firms to adapt to a rapidly evolving landscape. The Evolution of Leadership in Law Firms Traditionally, law firms have been led by senior partners who rose through the ranks, often dedicating decades to their firms with an implicit understanding of long-term loyalty and eventual leadership. This model emphasized extensive hours, sacrifice, and the eventual reward of equity partnership. However, the career mindsets of younger generations have upended this traditional trajectory. When I was young in my career, the expectation was 60-hour work weeks. The M&A attorney in the office next to me even had a sleeping bag in his office. Unfortunately, I bought into that leadership mentality, and my expectations for my staff were often unrealistic and perfectionist. Over the years, I have realized how important understanding generational influences and expectations can be in altering your career trajectory and how you lead. Today, younger lawyers approach their careers with a vastly different set of priorities. For many, the goal of making partner holds less allure, and work-life balance is a non-negotiable cornerstone of their professional lives. This generational shift is not inherently negative; in fact, younger lawyers’ ability to set clear boundaries and advocate for balance is commendable. However, these boundaries often collide with senior leadership’s expectations and working styles, creating friction within firms. The Challenges Facing Leadership Leadership in law firms now faces the dual challenge of honoring the well-established demands of client relationships while navigating internal generational dynamics. Increased Pressure on Leadership: Senior leaders are more taxed than ever as they strive to bridge the gap between maintaining client satisfaction and accommodating the workstyles of younger lawyers. While young attorneys excel at setting boundaries, firm leaders’ responsibilities often extend beyond their own professional boundaries—responding to clients at all hours, mentoring associates, and driving business development. The result is a leadership cohort at risk of burnout as they shoulder the burdens of these shifting expectations. Client Expectations in a Changing Landscape: Clients themselves are evolving. They demand efficiency, innovation, and responsiveness, leaving little room for the traditional methods of operating that once characterized the legal sphere. As client needs evolve, law firm leaders must adapt and ensure their teams align with these expectations while maintaining internal harmony. How Leaders Can Embrace Change and Be Impactful Adapting to these generational and client-driven changes requires intentional strategies. Below are a few actionable approaches for law firm leaders: Foster Open Communication: Leaders must prioritize transparent, consistent dialogue across all levels of the firm. Understanding younger lawyers’ motivations, challenges, and goals can help bridge the generational divide. This includes creating forums for associates to share their perspectives and leadership to share insights into the broader business implications of their decisions. Lead by Example in Boundary Setting: While it’s critical for younger lawyers to set boundaries, firm leaders must also model sustainable practices. Demonstrating the importance of taking breaks, delegating effectively, and respecting personal time can help shift the firm’s culture to one of mutual respect. Innovate Career Pathways: Recognize that the traditional path to partnership no longer suits every associate. Leaders should explore alternative career trajectories within the firm, such as hybrid roles, project-based leadership opportunities, or client-facing non-equity positions. Some law firms are even creating flexible hour arrangements for associates that allow a “choose your own adventure” type model that can change when the associate’s circumstances change. For example, Steptoe LLP recently introduced flexible billable hour tracks for associates as part of their revamped compensation system, allowing lawyers to tailor their career progression to their personal and professional needs… Invest in Leadership Development: Equip partners and senior attorneys with the skills to manage intergenerational teams effectively. This includes training in emotional intelligence, change management, and mentorship tailored to varying generational needs. Recognizing this industry-wide challenge, we are working with key collaborators to develop a unique conference and training initiative to help professional services organizations, including law firms, address these intergenerational leadership issues through targeted learning and development initiatives. Use Leadership Voices to Drive Cultural Change: Senior leaders must be vocal advocates for evolving firm culture. By aligning internal strategies with client expectations and fostering a workplace where all generations feel valued, leaders can shape a more cohesive and resilient organization. Intergenerational leadership within law firms is no longer a theoretical challenge but a practical reality requiring immediate attention. By understanding the differing perspectives and motivations of today’s workforce, law firm leaders can turn these challenges into opportunities. With intentionality and innovation, leadership can create a thriving firm that meets the needs of its people, clients, and the broader legal market.

Marketing evolves so quickly in the Internet age that sometimes businesses, and even marketers themselves, have trouble keeping up. While some take advantage of cutting-edge concepts and technology, others hold firm to old ideas that still seem to work, but could actually be hindering results. One of the key marketing metrics that every law firm should monitor is their number of qualified leads. Qualified leads allow you to target prospects most likely to become clients, concentrating your efforts where you’re likely to get the best results. Qualified leads are generally categorized in one of two ways: Marketing Qualified Leads (MQL) A prospect becomes an MQL based on some type of interaction with marketing materials. In online marketing, this often involves actions like completing a form to request additional information or subscribing to an email list. Sales Qualified Leads (SQL) An SQL may or may not start as an MQL, but it meets other criteria set by sales staff that indicate a prospect is more likely to actually become a customer or client. This type of qualification and categorization does, indeed, help to concentrate sales effort on prospects who are more likely to become clients. However, it falls short in many ways. In reality, it is applying an old concept to a new technology. Why the Concepts of MQL and SQL Don’t Work in the 21 st Century The problem with the concepts of marketing and sales qualified leads is that they require prospects — even those ready to become clients right now — to slow down and take extra steps before they are connected with the person who will close the sale. This process is very much at odds with the instant gratification, get-it-done-and-give-it-to-me-now culture that we live in. Everything moves at the speed of the Internet. When people have questions, they want to talk in real-time. When they want to buy something, they want to buy it now. Older generations barely remember the once common phrase, “Allow 4 to 8 weeks for delivery.” Younger generations would laugh at the suggestion of waiting so long for anything. The idea of a marketing or sales qualified lead is tied to a time when businesses and marketers barely had any contact at all with the people they were trying to convert into clients. Advertising was blasted out on TV, radio or newspapers and correspondence was carried out with pen and paper through the post office. Times have changed. The Concept of Conversation Qualified Leads One of the biggest benefits the Internet offers marketers is unprecedented access to the audience they are trying to reach. Two-way communication is fast, free and easy. You or anyone at your law firm can reach out and talk to potential clients any time you wish. The concept of conversation qualified leads takes full advantage of the multitude of communication channels available through the Internet. It’s a concept so simple that it has been almost completely overlooked. Don’t make your prospects jump through hoops to get in touch with you. Make it easy for them. Just talk to them, and they will tell you exactly what you need to do to convert them. Qualify your leads based on actual conversations, not arbitrary actions taken through a website or an email. It may sound like a lot more work, but stop and think about it for a moment. Let’s look at someone who’s trying to contact you through live chat on your website or social media platform, versus someone who’s subscribed to your email list. Email Subscription When someone signs up for an email subscription, they’ve shown interest, but you don’t know exactly what they are looking for. Maybe they just want some information, but have no real intention of hiring your firm. You may have to send five, ten, or even more emails just to get them to take the next step and let you know what they really want. The bottom line is that this person has become a qualified lead, but you still don’t know what they want or if they’ll even convert into a client. That’s not to say that this type of lead isn’t worth following up with, but you obviously get a much clearer picture of what you’re dealing with when there is a conversation involved, and you get that picture much faster. How to Start the Conversation Communication with prospects is not difficult. In fact, you’ve probably already got plenty of possible clients waiting to talk to you. There are four main ways of initiating the communication that leads to conversation qualified leads: Live chat on your website Chat bots on your website Live chat through social media Chat bots through social media Live Chat Adding the option to chat with someone live on your website can make a tremendous difference in how visitors react to your law firm’s brand. People absolutely love the idea of getting real-time answers, rather than filling out a form and waiting hours or even days for someone to respond. It really goes a long way toward building trust and confidence. There are plenty of free and paid solutions that make it easy to add live chat to any website. Once it’s set up, it’s as simple as keeping a web page open in a tab of your browser and answering basic questions when someone asks for help. Some social networks, like Facebook, will also let you chat live with your followers. Chatbots It might seem a bit impersonal at first, but chatbots can also do a good job of qualifying leads while keeping up the fast pace prospects expect. Bots can be set up to answer the most common questions your firm receives, and then either pass new leads off to a live person, or allow the visitor to schedule follow-up if nobody is available immediately. Again, bots can be set up to interact with visitors on your website, or through social networks. Using Data Analytics to Enhance Lead Qualification Incorporating data analytics into your lead qualification process can further refine how your law firm approaches potential clients. By leveraging detailed insights, your firm can identify patterns, preferences, and behaviors that signal a high likelihood of conversion. Behavioral Tracking: Analytics tools can monitor how users interact with your website, emails, and social media. Knowing which pages they visit, how long they stay, and which content resonates with them allows you to better understand their needs and level of interest. Lead Scoring Models: Data analytics enables the development of lead scoring models that assign values to leads based on certain behaviors, such as website visits, downloads, or social media engagement. This helps prioritize high-value leads and guide your team’s outreach efforts accordingly. Predictive Analysis: By identifying trends in the behaviors of converted leads, you can predict which current leads are more likely to convert and adjust your approach to them. Predictive analytics helps your firm focus its efforts where they’re most likely to be successful Utilizing data analytics in combination with conversation-driven strategies ensures your firm is optimizing lead generation efforts, making informed decisions, and accelerating the path from prospect to client. Key Takeaways In the end, other than talking directly to potential leads, your firm won’t need to change anything else in their marketing strategy. You can still use all the same advertising methods and lead processing procedures. When someone clicks on an ad and returns to your firm’s website, they’ll still see the same landing pages. They will have the option to speak with someone live, either in addition to or instead of filling out a form. When someone has been established as a lead, they’ll still be handed off to the person most able to serve their needs. Nothing changes there. What you’ve done by opening these direct lines of live communication is to take full advantage of the Internet to put your absolute best leads on a fast-track to becoming clients. It’s a win-win situation for everyone. The job of closing the sale is easier, and the client is happier. Your firm, quite literally, has nothing to lose and everything to gain by embracing the concept of conversation qualified leads.

When lawyers collaborate with an outside writer to help them craft and publish thought-leadership marketing content, they are making a small investment for which they could realize significant ROIs. I frequently speak with lawyers and law firm marketing or business development professionals regarding their firms’ investment in their content marketing and thought-leadership marketing programs. These conversations frequently touch on those lawyers’ and law firms’ experience and interest in collaborating with an outside writer (also known as a “ghostwriter”) to help those lawyers craft and publish thought-leadership marketing content like blog posts, bylined articles, client alerts, and the like. Very often, when I have these conversations, the “B” word is mentioned. You know, “budget.” Inevitably, a lawyer or law firm marketing/business development professional will tell me that they’re not quite sure if they have the budget—whether at a firm level, a practice group level, or a personal level—to spend on collaborating with an outside writer. Instead, they will explain to me that they could just save that money by writing that content themselves or having their lawyers write it themselves. At this point, I often remind the lawyer or the marketing/business development professional that allocating funds toward their content marketing and thought-leadership marketing efforts, including collaborating with an outside writer, like all other forms of marketing, is an investment. Those lawyers and their firms are spending money up front on a form of marketing in the hopes that by spending that money now they will bring in new client matters soon, and that new business will more than pay for the cost of the marketing efforts required to bring in those new matters. When it comes to collaborating with an outside writer, there are (at least) three ways lawyers can realize a return on their investment—one of which is guaranteed. 1. Write Less, Bill More The first way lawyers can realize an ROI when collaborating with an outside writer, which also happens to be a guaranteed ROI, is that lawyers free themselves up to be able to work on billable client matters. A lawyer who bills $400, $500, or $600 an hour but pays an outside writer $150, $200, or even $250 an hour, is going to realize a return on their investment—likely of at least 2x. By taking the reins on a piece of marketing content, an outside writer frees that lawyer up to service their clients and bill that time. Of course, if the lawyer was forced to write that piece of content themself without assistance from an outside writer, that lawyer would be unable to bill their time to a client. This first ROI is an instant, direct, and guaranteed ROI for lawyers and their law firms. 2. Content Leads to a New Matter The second way lawyers can realize an ROI when collaborating with an outside writer is when a piece of marketing content crafted by that writer directly leads to a new client matter. Perhaps that piece of content is a bylined article in an industry trade publication. Maybe it is a blog post a lawyer or their firm shared on LinkedIn or Twitter. Maybe it is a client alert. Or maybe it is a free guide or checklist. Whatever it is, it so thoroughly—and credibly—addressed a legal issue that a past, current, or prospective client is currently facing or expects to face that they felt compelled to reach out to the lawyer and eventually engage them. Given the fact that it is unlikely, without the assistance of the outside writer, that that particular piece of marketing content would have been written and published when it was (after all, that’s why the writer was hired), there is a direct connection between what a lawyer or law firm paid the writer and the fees the lawyer and law firm could expect from this new client matter. In this instance, it is almost a certainty that the lawyer’s or law firm’s investment in a piece of marketing content crafted by an outside writer will be dwarfed by the fees from the client matter that piece generated. 3. The Cumulative Effect of Content The third (and final, at least for the purposes of this article) way lawyers can realize an ROI when collaborating with an outside writer is what I refer to as the cumulative effect of content. When a lawyer collaborates with an outside writer over a long period of time, that lawyer will amass a body of work that is going to be more expansive than what that lawyer could have created on their own based on the competing demands on their time they face each day. That body of work as a whole is a signal to past, current, and future clients and referral sources that the lawyer has deep knowledge and mastery of the legal issues that arise within their practice area(s). After all, the lawyer wouldn’t have so much to say about those issues (in the form of thought-leadership marketing content) if they didn’t. That body of work creates a perception of thought leadership and mastery. That perception could very well compel clients and referral sources to contact the lawyer about assisting them with their legal issues. In these instances, that body of work led directly to new client matters. But that body of work, composed of blog posts, client alerts, bylined articles, and ebooks (along with perhaps videos, podcast episodes the lawyer has appeared on, and other indicia of their deep legal knowledge), also signals to other key audiences that the lawyer is someone they should be talking to about their area of expertise. Those key audiences might have platforms that lead to new client matters. Perhaps a representative from a trade organization comes across a lawyer’s body of work and thinks the lawyer would make an excellent speaker at an upcoming seminar. And that speaking engagement then leads to a new client matter. Perhaps a reporter from an industry trade publication or national business publication comes across the lawyer’s body of work and decides to interview that lawyer and include quotes from the lawyer in an article they are working on. That published article then leads to a new client matter. In these examples, a particular piece of content did not directly lead to new client matters. But the cumulative effect of that content, the perceptions created by that content, opened up doors for a lawyer that eventually led to new client matters. Investing in the Future of Your Legal Practice and Law Firm Content marketing and thought-leadership marketing, like all forms of marketing, are investments. They are not sunk costs. It is possible, if not probable, that you will realize a return on your investment in a content marketing or thought-leadership marketing program when you collaborate with an outside writer. I’ve identified three ways you might realize such a return. Remember, when you are contemplating investing in your content marketing and thought-leadership marketing programs, particularly when collaborating with an outside writer, you’re making an investment in the future of your legal practice and your law firm.

In today’s legal landscape, marked by rapid change and high demands on time, the integration and effective use of Customer Relationship Management (CRM) systems is not just a technological upgrade but a critical pivot towards operational excellence and client service enhancement. Overcoming the inherent resistance to change in legal environments is essential, as the successful adoption of CRM systems directly correlates to a law firm’s efficiency, client relationship management and ultimately, its competitive edge. Embracing a strategic approach that prioritizes value, simplicity and efficiency is key to unlocking the potential of CRM systems. This approach can transform them from mere administrative tools to indispensable assets for business development and client engagement. Here, we outline six pivotal strategies to facilitate this transformation and elevate CRM adoption among attorneys, ensuring that your firm not only keeps pace with the industry’s evolution but leads it. 1. Communicate the Direct Benefits Strategy: Explicitly explain how the CRM system benefits the individual lawyers, not just the organization. Implementation: Conduct workshops or one-on-one sessions demonstrating how CRM usage can streamline their marketing and business development efforts, ultimately leading to personal success and client satisfaction. Simplify and Personalize the User Experience Strategy: Opt for CRM systems with user-friendly interfaces and customizable dashboards that align with the daily needs of lawyers. Implementation: Choose CRMs that can integrate seamlessly with other systems lawyers use daily, like billing and document management, to create a centralized, efficient workspace. 3. Demonstrate Ease of Accessing Valuable Insights Strategy: Show lawyers how they can independently derive valuable insights from CRM data with minimal effort. Implementation: Regularly schedule sessions with marketing professionals to assist lawyers in updating and extracting relevant contact information and insights from the CRM. 4. Streamline Sharing of Appointments and Activities Strategy: Select a CRM system that facilitates easy sharing of appointments and activities, allowing marketing teams to provide proactive support. Implementation: Implement features where marketing professionals can access attorneys’ schedules to prepare strategic materials and insights for upcoming client or prospect meetings. 5. Ensure Data Integrity Strategy: Maintain accurate and up-to-date CRM data to ensure reliability. Implementation: Establish a regular data cleaning process, which can be outsourced if necessary, to maintain the CRM’s integrity and usefulness. 6. Redefine CRM Success Strategy: Shift away from traditional models that heavily rely on attorneys for data entry. Implementation: Adopt newer CRM approaches where the bulk of data entry and management is handled by support staff or automated systems, reducing the burden on attorneys and focusing their involvement on strategic input and relationship management. Conclusion: A Value-Driven Approach The cornerstone of successful CRM adoption lies in the “value exchange.” By making it straightforward for attorneys to contribute and extract value from the CRM, law firms can foster a culture of active participation. While the journey to full CRM adoption is gradual, the investment in these modern strategies is crucial for long-term benefits, enhancing both the efficiency of lawyers and the overall success of the firm.

Following up on my recent piece about navigating the complex landscape of 2024 law firm rate setting, I’d like to delve deeper into the symbiotic relationship between law firms and their clients, especially when discussing rates and value. Rate Setting Isn’t Adversarial At its core, rate setting is not about drawing a line in the sand against your client. It’s a strategic process that aligns the firm’s value proposition with market dynamics and client expectations. When approached collaboratively, it allows both parties to benefit mutually. A well-thought-out price strategy ensures firms deliver optimum service while clients feel they’re getting their money’s worth. Open Conversations Tighten Bonds A transparent discussion about rates and the firm’s value can bring them closer to their clients. By opening this communication channel, firms can better understand clients’ needs, expectations, and reservations. Clients, in turn, appreciate the honesty and effort, leading to enhanced trust and loyalty. It’s not just about numbers; it’s about mutual respect and understanding. Cutting Rates Isn’t Always Beneficial It may seem counterintuitive, but a reduced rate doesn’t always translate to added value for the client. While initial cost savings might appear attractive, they can sometimes come at the expense of quality, efficiency, or expertise. Over time, this could lead to suboptimal results, potentially costing the client more money and missed opportunities. Towards a Value-Centric Model The conversation needs to shift from mere pricing to the value delivered. Consider introducing the concept of Legal Service Return on Investment (LROI). It’s not just about the hours logged; it’s about the tangible and intangible benefits clients derive from those hours. This might include the successful resolution of a case, the prevention of potential legal pitfalls, or even the peace of mind of knowing they have expert counsel on their side. A Legal Service ROI emphasizes the impact and outcomes rather than just the input. It challenges firms to evaluate and demonstrate their worth continuously, ensuring they remain aligned with client expectations and market dynamics. This innovative approach to value can foster a more collaborative and beneficial relationship between firms and their clients. A Glimpse into the Future As we stand on the brink of the AI age, the concept of value in the legal realm is set to undergo significant transformation. In my upcoming blog, I’ll explore how AI might redefine pricing models and what it means for law firms and their clients. But one thing remains constant: the pursuit of genuine value. Whether through human expertise or machine intelligence, the goal is to deliver unparalleled service and results. To understand more about the value-driven approach to legal services and how it can revolutionize your firm’s relationship with its clients, stay tuned. Think innovatively, and let’s journey together into the future of law firm pricing. 

Ring ... ring ... ring ... ring ... ring ... Goodbye. Chalk up another lost client to your front desk. How seriously have you invested time and money into your intake department? Before you answer that, let’s step back a minute and consider the story of the young fisherboy. This angler grew up on the river with his father learning the art and craft of fishing. His dad would catch the fish and let his boy zealously reel them in, one by one. Eventually, the boy accepted the process of taking the rod from his father each time he had one hooked. Eventually, one day his father stopped going fishing with him and depended on his son to bring home dinner. The boy soon realized that he could no longer rely on his old process of depending on his father’s ability to set the hook. He had to learn to set the hook himself. I implore you, teach your staff how to set the hook. Stop treating your website leads like they’re referrals. The Problem With Referrals There’s no doubt that referrals are the best possible lead source. It is said that the average company generates 65% of its new business from referrals (NYT). Furthermore, your clients are said to be four times more likely to hire you when they are referred from a friend or from someone they trust. However, there are two major difficulties with referrals: You have to pay out a hefty sum at the end of the case (for a contingency fee-based lawyer); and There just aren’t enough of them. If you have accepted those two facts, you have likely considered Internet marketing for your law firm. The process of riding a bull is not the same process as riding a bike. Each requires its own unique techniques and training (although I can’t personally say I’ve ridden a bull). With Internet marketing, you should avoid applying your referral processes and mindset when handling your lead intake. Otherwise you risk damaging your law firm’s bottom line. A person who calls you after finding your website on the Internet, with no prior knowledge of your firm, has no personal loyalty or ties to you or your great firm. In fact, they have no reason to hire you other than what is said in those first few minutes when they call in. If you don’t have someone willing to greet them with exceptional service and a sales mentality, you will lose out to a law firm that does. Referrals vs. Internet Leads Here are some key points to keep in mind: Referral: A referred client will leave you a voicemail and wait for your return call. Internet: An internet lead will move on. Referral: A referred client will punch buttons through a phone tree in an effort to talk to you. Internet: An internet lead will hang up and call someone they can talk to immediately. Referral: A referred client may overlook your tired, disinterested intake “professional.” Internet: An internet lead assumes your intake “professional” is a reflection of your entire firm and representation ability. They move on. I strongly urge you to stop treating your website leads like they’re referrals. You are costing your firm tens of thousands in case fees and are wasting significant marketing dollars. Consider applying a portion of your advertising toward your intake team. Hire rock stars and offer ongoing training and coaching. Your intake process is one of your most important functions to growing your case load on the Internet.  The fishing was good; it was the catching that was bad. —A.K. Best

According to a national survey, the number 1 fear people have is speaking in public. Fear of dying is ranked number 7. So just remember when you attend your next funeral that more people would rather be in the coffin than giving the eulogy. I realize speaking is not for everyone, but if you enjoy speaking or educating people in a group, then speaking and seminars can be one of the best ways to grow your practice. There are very few practice areas I can think of whose marketing efforts would not benefit from participating in some form of education-based seminars or presentations. Giving a seminar or presentation can give you massive credibility, if it’s done correctly. It is also a proven lead generator, if the follow-up is efficient. For those litigators and trial attorneys, giving a seminar is old hat. You educate your juries on a regular basis and often some of the best public speakers I’ve seen are the trial attorneys. For the rest of us, there are many options to select from. Here are seven common ways you can implement speaking to generate more clients for your law firm: Give a public seminar or presentation Give a private, client-only seminar in your office Give an after-dinner presentation to a group of clients brought together by one of your referral partners Give a presentation over a conference bridge line (teleseminar or webinar) Be one of the experts on a panel with affiliated professionals (a banker, another attorney, a CPA or financial advisor) Give a keynote speech to a trade association Be the moderator/facilitator of a panel discussion There are three basic types of seminars you can participate in: Wholesale Seminars This is where you work with a referral partner who sets up a meeting with his or her existing clients and you speak to their clients and educate them about what you do. A common example of this is when an estate planning attorney works with a local financial advisor and speaks to the advisor’s clients on asset protection strategies. One of our estate planning clients used this type of seminar very successfully when he teamed up with a well-known certified financial planner. The advisor had a large client base and they spent a few thousand dollars each month on promoting the events via ads in local newspapers. They held most of the seminars for two hours on a Saturday morning and usually had 30 to 60 people show up. Each person spoke for about an hour. We helped our client implement a strong follow-up program and by the second event he was signing up 30-40% of the attendees for a free estate planning consultation! He was able to sign up over 60% of those people as new clients with an average fee of $3,500. When you do the math, if they only had 30 people show up per event and only 30% of them signed up for a free consult (9 people) and he closed 60% (that’s 5 new clients) at $3,500 each, that means that particular seminar was worth $17,500 in new work for the firm. Now multiply that by one to two seminars per month and you can quickly see how this can add up. Retail Seminars This is where you set up a public seminar (this can be free or paid) and you invite people to attend and listen to your presentation. For example, a small business attorney can invite local business owners to attend a half-day seminar on common legal issues faced by growing companies. I’m not sure why, but many attorneys seem to do this kind of seminar for free. I’m more in favor of charging a reasonable fee, as long as you are going to provide good content for attendees. This not only keeps out the tire kickers and your competitors, but also generally attracts a more serious person to your event. A retail or public seminar is usually the most expensive to conduct because you must market them heavily to generate enough attendees to make it worth your while. If you select to conduct retail seminars I recommend you either do a series (perhaps one topic each quarter) or you hold the same seminar multiple times per month or year. This is the model we use for our Rainmaker Retreat two-day law firm marketing boot camps for attorneys. We hold the same event 10-12 times per year across the country. Referral Partner Seminars This kind of seminar involves speaking to a group of potential or existing referral partners in a group setting. For example, you set up a meeting of CPAs and speak to them about how to generate cross-referrals with your law firm and how the two professions can work seamlessly together to better serve the client. Alternatively, you go to your local CPA society and offer to give a seminar at an upcoming meeting about a topic of interest to CPAs. As someone who makes their living from speaking, I know it can be a difficult, yet rewarding form of marketing. Yet, I always have attorneys come up to me afterwards and say something like this, “I gave a speech once and I didn’t get any new business from it.” Well, if you find yourself among the skeptics, here are some critical law firm marketing tips to remember so you can achieve better results from your speaking and presenting efforts. Tip 1: Only Speak to Decision Makers The first important tip is to always speak to the right group, and the right group are decision makers, not gate keepers! Make sure you get in front of the right group—people who can either refer you clients or who are highly likely to need, want and be able to afford your services. You can best accomplish this by asking the following questions: What is your average attendee like? What are the typical job titles of attendees? What is the size of the average attendance? What percentage of your usual attendees are decision makers? What kinds of topics have had the best turnout? Who has recently spoken to your group and what did they speak about? How did that go? Tip 2: Educate Your Audience Make sure your talk is about something they care about. Make it educational. Do not stand up there and spout legal jargon and legal theory or sections and codes because that’s not what people want, unless your audience is other attorneys. Most audiences want practical, useful information they can take away and immediately implement. Give them lots of practical, useful information that will help them. You may say, “Well, I don’t want to give away the store. I don’t want to give them so much information that they can do it themselves.” Please understand, if you could give them enough information where they could do it themselves, the people who actually would do it for themselves and not hire you are not good prospects for you. You want to target the people who have the money to hire an attorney and do not want to do it for themselves because they either understand the risks of doing so or simply do not have the time, energy, effort or expertise needed to successfully complete the task. You do not want to hire tire kickers or “do it yourself-errs” because they typically will only hire you if you have an absolutely ridiculously low price. At the Rainmaker Retreats, we actually follow the opposite principle. We purposefully try to overwhelm our audience with so much practical, useful, step-by-step information. Why? Because we want them to walk out of the room with so many great ideas that they don’t know where to start so they will turn to us and hire us to implement a proven law firm marketing plan for them. You must recognize that not everyone in every audience is in your target market and you need to qualify them as much as they qualify you! You want to ensure they need you, they want you and they can afford your prices. If you don’t want to attract “yellow page clients” then don’t charge yellow page prices. Tip 3: Obtain All the Attendees’ Contact Information Ideally, you want the attendees’ contact information before they ever come to your event. If you are speaking for an association, simply ask for it (be specific and ask for their first and last name, email and phone in an excel file), sometimes they will give it to you and other times they won’t. Either way, have a plan for obtaining the attendees’ contact information at your presentation. If the conference organizer will not give it to you, simply do a giveaway for a prize. You can try to be a little creative in your giveaways without going overboard like a bestselling book, a gift card to a local restaurant, a digital camera, a set of golf clubs, a coupon for a massage, tickets to a play at a theater, or a nice bottle of wine. Simply have them pass their business cards to the front or pass out 3×5 cards and have them fill out their full name, phone and email address and pass it to the front. Do a drawing for the prize at the end of your seminar. Obtaining their contact information is critical for success in speaking and seminar marketing. Tip 4: The Fortune Is in the Follow-up If you are a regular reader of this column, you have heard me say this before: the fortune is in the follow-up! The number one reason why lawyers don’t achieve great results from speaking and seminars is because they don’t have a written follow-up system. You must develop a follow-up strategy before your talk. Let’s say your follow-up strategy is a series of emails, phone calls and maybe a letter or postcard. Your follow-up system would include 4 emails, 3 phone calls and 1 letter. Email 1 would be sent within 24 hours post-seminar. It would be a thank you email with an offer for a free consultation, a special report or an audio CD. Phone Call 1 would be made by your staff and would be made within 24 hours post-seminar. The call would be to thank them for attending and make the same free offer that’s made in the email. Letter 1 would be sent out the next day (they should receive it within 3 days if they are local) and the letter would repeat what you have written in the email. All of this would happen in the first 24 hours after the seminar. Some of you will question if that’s too aggressive an approach. Let me assure you, it is not. A quick follow-up system like this demonstrates a high level of professionalism and commitment to your attendees. It tells them that you care about them and most of them will be impressed that you followed up so quickly. Email 2 is sent three to five days after the event. Remind them about the seminar they attended and invite them to sign up for a consultation or your newsletter. Email 3 might offer a brief tip about the topic you spoke about: top 10 tips or recommended resources, etc. Every person should be followed up with at least three phone calls before you stop trying to reach them. Every attendee should receive at least 5-7 emails and 1-2 printed letters from your law firm. If you use this kind of follow-up system, you will find significantly better results from your seminars and marketing efforts. Make sure you have a follow-up system in place before your presentation and make sure you have your staff doing most of the work. Your focus is on becoming a powerful Rainmaker for your law firm, serving your clients with excellence and bringing in new clients.

It’s a common sentiment, you think you’ve done everything possible to build your law business… You have worked hard on building a business that represents your ideals. You have built relationships in your industry. You have a great office space that you have spent time decorating to make your clients feel comfortable. You have hired an all-star staff. You have advertisements in relevant marketing channels. You have created a beautiful website that clearly depicts your firm’s purpose, but you still aren’t signing the cases that you want. This is a frustrating reality for many legal professionals, who have spent an unmeasurable amount of time and energy making their business the best it can be, but are not seeing the expected results. A simple area many professionals tend to ignore is the quality of the images they are posting on their site. In a society so hyper-focused on image and a marketing landscape where consumers have to digest thousands of images per day, your photos have to be top-notch, or you are wasting your time. Marcel Just, director of the Center for Cognitive Brain Imaging at Carnegie Mellon University, explains how important images are to digital marketing in an interview for Nieman Reports, saying: “Processing print isn’t something the human brain was built for. The printed word is a human artifact. It’s very convenient and it’s worked very well for us for 5,000 years, but it’s an invention of human beings. By contrast Mother Nature has built into our brain our ability to see the visual world and interpret it.” —Marcel Just, Director of the Center for Cognitive Brain Imaging, Carnegie Mellon University Professional Law Firm Photography Tips Be Personal Stock images always seem like a great idea at the time. They are cost effective, professional, and a stock image exists for almost any situation you can think of. However, stock images are impersonal, and many fall into the fake or cheesy categories. Stock images don’t give a genuine representation of the people behind your firm, making you seem untrustworthy, which is the last thing any law firm wants. Images of actual people sitting in your law firm will always win out. Be Interesting Your clients are inundated with images through media outlets that flood our inboxes, mailboxes, and social feeds. If your image does not spark any emotion in the viewer, it is worthless. I’m not necessarily talking about an intense emotional connection, but some type of spark that will keep your visitor interested. If your firm is involved in the community, give visitors a glimpse of your staff working hard to help locals. If you have a big case going on or an interview, snap a behind-the-scenes image so clients feel like they get the inside scoop on your work. Be Specific I have a background in retail marketing; nothing drives me crazier than an image with no subject and distracting background clutter. Make sure that your consumer knows exactly how your image relates to the topic they are reading about. To achieve this, you can blur out the background slightly or take images with a crisp clean background. Be Current Keeping out-of-date photos on your site signals to visitors that you don’t pay attention to detail and don’t care about being current. These red flags signal to your consumer that you may treat their case the same way. One of the easiest ways to tell if your photos are outdated is by examining the fashion and style choices made in the photos. A good rule of thumb is to update attorney profile images every year or two, and update images when you hire or lose staff members. In addition to the standard photos, continually post images from current events happening at your firm. Be High Quality The final and most important aspect of any photo is the quality. No matter how personal, interesting, specific, or current your images are, if they are of sub-par quality, you might as well not even have them on your site. A low quality image on a website demonstrates that the creators are apathetic to quality overall and will likely be apathetic to the quality of a client’s case. The best way to solve this problem is to hire a professional photographer to come to your business and take photos of your staff and your space. Types of Images to Include On Your Law Firm Website Smiling headshots of staff Group shots of staff inside or near your building Photos of staff interacting with clients Photos of your office(s) (Google offers Business View, a service where a professional photographer creates a virtual tour of your office the same way Google Street View does. This is a trust signal for Google and for your clients.) Behind-the-scenes shots Photos of staff collaborating with each other Images/videos of clients for testimonials

How do you help a client who doesn’t know what’s best for them and focuses on the wrong area? I work with hundreds of law firms every year and one of the most common requests I hear from attorneys is, “I need more leads.” Yet when I inquire further into the specifics of their situation, I often find that lead generation isn’t their primary problem—it’s lead conversion. Let me explain. I was recently speaking with a bankruptcy attorney who claimed he needed more leads to build his practice. I asked him approximately how many leads were coming into his law firm each month. Needless to say, I was astounded when he informed me his firm’s marketing was consistently generating in excess of 100 to 150 new leads every month! Even with modest conversion rates you should be able to generate at least $500,000 annually with this many leads. Yet he was experiencing serious cash flow issues. I kindly told him I did not believe his biggest issue was lead generation; it was lead conversion—converting more browsers into buyers. I walked him through our Rainmaker Lead Conversion System and how it could help him fix his follow-up and convert more prospects into paying clients. Unfortunately, either I did not do a sufficient job of justifying my response or he did not believe me because he persisted in the belief that he simply needed more “qualified leads” and all his problems would be solved. Lead conversion is the most overlooked area at most law firms and it has the potential to significantly increase your revenues this year. Imagine the impact on your firm’s revenue if you improved the rate of conversion by just 10%, much less the 20-40% increase we have seen when using a formal lead conversion system. I often ask attorneys about their closing rate—the number of appointments they turn into paying clients—and they invariably say that it’s “very high” or “excellent,” but careful examination tells a different story. I find the majority of attorneys significantly overestimate their closing ratio. Just like practicing law, converting leads into paying clients is a skill that takes practice, but you need to understand how to track your data and analyze it. Three Major Areas to Analyze There are many variables you can consider if your practice isn’t generating the revenues you want, but after nearly a decade of specializing in helping law firms improve their lead generation and lead conversion strategies, I have found there are really three major areas that tell most of the story: 1. Lead Generation This is the system of attracting new potential clients to your law firm. You can use both online and offline strategies. Online or internet related strategies include a website, blog, social media and search engine optimization. Offline marketing strategies include referrals from current and former clients, monthly newsletters, building relationships with potential referral partners, networking, speaking and seminars. It’s important to know that lead generation is the second most expensive thing you will have in your law firm, the first being payroll. You must take a systematic approach to lead generation. Without this, you are reduced to sitting in your office waiting for the phone to ring or a referral to walk in, which is not a good place to be. 2. Lead Conversion This is your ability to turn leads into paying clients and is what I will focus on in this article. 3. Client Retention How to keep your paying clients coming back for more and/or referring your firm to everyone they know with a similar problem to theirs. The first step in lead conversion is to develop a “universal lead definition” (ULD)—what precisely is counted as a lead, who counts the leads, how you track the leads, and what does not constitute a legitimate lead. We teach our clients that a lead must meet all three of these criteria: Someone who has never done business with you before (versus a repeat client). Everyone who contacts the firm via email, phone, social media, personal referral, internet, networking event, seminar, etc. They express an interest in your services. In order to build a financially successful law firm, you must be committed to tracking every single lead and following up with them religiously! Far too many attorneys only track the appointments that show up (and if truth be told, they are not even very good at doing that) or how many of the people they meet with in person who sign up as a paying client at the initial consultation. What they don’t recognize is that is only the fourth stage of lead conversion and there are five stages. Here are the five stages of lead conversion for law firms: Number of leads into the top of the funnel Number of leads that turn into appointments Number of appointments who show up Number of appointments who sign up at the initial consultation Number of appointments who sign up later No lead conversion system is complete without tracking all five stages. How many of your leads turn into actual appointments? How many of those appointments actually show up? How many of those people who show up sign up at the initial consultation? And how many people sign up later down the road? Each of these numbers is critical to track because if you know what your conversion rates are at each stage then you can determine where your biggest challenges are and develop a plan to improve. The greatest value of a true lead conversion system is that it gives you direct insight into the actual state of your company and allows you to efficiently automate the follow-up process with dozens and even hundreds of leads. We have helped our clients compete with and beat much larger law firms simply by creating an exceptional follow-up system. Lead generation too often comes down to a firm’s financial ability to “throw money at the problem,” but a lead conversion system can level the playing field and give small firms a true unique competitive advantage. What Is an Acceptable Conversion Rate? Conversion rates can differ widely, depending upon your practice area, but in general the lower your average client is “worth” to your firm the higher your conversion must be in order to run a successful firm. For example, if you practice consumer bankruptcy and the average chapter 7 client pays you $1,500 to handle their case, you must have a higher conversion ratio than the business litigation attorney whose average client pays them $50,000 to $100,000 in legal fees. For consumer attorneys you need at least a 15-20% conversion rate to run a decent practice. This means for every 100 leads your marketing generates, you need to sign up a minimum of 15-20 people. Consumer firms with a comprehensive lead conversion system often experience double this rate, which means they can be very profitable. Think about it this way: if you generate 50 leads per month and close 10% at an average fee of $5,000 per client, that means you made $25,000 in gross revenues (assuming 100% collection rates). However, if you increase that conversion rate to 20% you would double your revenues—with the same amount of leads! The key point is that even small increases in conversion rates can make a significant difference in your revenues. How to Increase Your Conversion Rate The key to increasing your conversion rate is to fix your follow-up! This is another area that many attorneys think they are doing a good job, but upon further investigation I often find massive gaps in their follow-up process. Too many firms follow the approach of “only taking one bite out of the apple,” that is to say they try to get the prospect to retain at the initial consultation (or worse, over the telephone), and if they do not first succeed then they give up and go on to the next person, without ever trying again to get that business. This is a major mistake! When someone doesn’t retain you at the first meeting, rarely does the problem that brought them to you go away on its own accord. Understand that when they don’t hire you, they are not saying “no,” they are usually saying, “not yet” or “I’m not ready.” But circumstances can change and sometimes very quickly. All of the sudden the legal issue goes from the back burner to the front of their mind and retaining an attorney becomes the most important thing in their world. If you have a system that helps you stay connected with them via email or periodic phone calls, then they will more than likely retain you when they are ready versus going to one of your competitors. However, if you fail to fix your follow-up, when they are ready they will likely start the search all over again and you will likely lose this client forever. Let me give you a simple illustration. When an attorney calls me to get some ideas on how to market their law firm, I often end up inviting them to attend one of our Rainmaker legal marketing seminars, but often the dates of our seminar conflict with their schedules. It’s not that they don’t want to go, it’s “not yet” or perhaps they are not mentally ready to make the jump to the next level. Either way, if I depended on my memory to follow up with them some time in the future, we would be in serious trouble! Instead, we have implemented a comprehensive follow-up system that includes multiple keep-in-touch emails and automated reminders that help us remember to call that person weeks or even months after the initial call. In addition, we are committed to sending out a newsletter every single month and have been doing so for years. I regularly hear from new clients how they have been receiving my newsletter for 5 to 10 years and finally were ready to sign up and start working with us. Talk about a long sales cycle! It’s a good thing I don’t depend solely on people like that to build my company. The point here is if you have a comprehensive system that follows up with potential clients for long periods of time, you will reap the benefits. If you are interested in how a lead conversion system can help your firm fix your follow-up and convert more browsers into buyers, I invite you to call our office and set up time for us to talk. 

A good lawyer biography provides an overview of your strengths and accomplishments, tells an engaging story, and describes the benefits you bring to clients (as it draws in your reader), piquing their interest so they want to learn more. It does not recount your entire career, list every case you won, and document every deal you closed since you graduated from law school. Five do’s and don’ts to make your biography stand out, whether on LinkedIn, your firm profile, or in the program notes for your next speaking gig: 1. Lead Off with How You Help People (Not Just Your Title) You need to tell people what you do and how you can help them. “Jennifer Jones is a Partner in the Litigation Group” does neither. Instead, make the opening sentence a value proposition that clearly states how you help clients, like: “Jennifer protects biotech startups against product liability theft and losses.” If that’s all that visitors to your website read, they’ll know what you do—what you’re good at—and what you can do for them. If your practice covers multiple disciplines, include that in your introductory paragraph as well. “In addition, she helps IP rights holders monetize their intellectual property and has particular strengths managing pharmaceutical and biotechnology patent portfolios across the globe.” 2. Tell Stories Client stories are engaging testimonies of your skills and commitment to clients. Always include one or two representative examples of your work in the text of your bio to demonstrate your experience and show readers how you solve the business and legal problems they face. ...demonstrate your experience Ideally, you’ll be able to tie practice strengths into the case studies you provide. “Biotech clients count on Jennifer’s understanding of sophisticated technology—she has a Ph.D. in biochemistry from Yale—to guide them as they pursue licensing and sales opportunities for their products. In one such instance, she helped a small biotech startup license their genetic engineering process to a global pharmaceutical company for an eight-figure sum.” 3. Don’t Talk Too Much When it comes to bios, less is often more. That doesn’t mean that you should exclude significant capabilities and practice strengths, but rather that you should always maintain a critical eye on the length of your bio when deciding what to discuss. Ask yourself if this skill or that experience is relevant to the audience you’re trying to reach. If so, keep it in. If not, consider highlighting it elsewhere, like in a representation list or with a practice group designation. Ask yourself if this skill or that experience is relevant to the audience you’re trying to reach.Of course, there’s no ‘right length’ for bios, particularly since they must complement your firm’s style and conventions and align with the time you’ve been practicing. Still, my rule of thumb is typically between 250 and 350 words for senior associates and junior and mid-level partners. First-year associate bios will be shorter, in the 100-150 word range, and those for senior partners and firm leadership can easily approach 500 words. 4. Use Plain English Nobody likes legalese. Not other lawyers, not CEOs and business managers, not even your mother. (Really. Just ask her.) And certainly no one wants to dig through legalese in a lawyer biography. Use plain English phrasings to make your bio easy—and enjoyable—to read. Avoid overly technical descriptions of client problems you’ve solved, lawsuits you’ve argued, and negotiations you’ve handled. Simple and relatable language that everyone understands will make your talents stand out so that readers won’t be left scratching their heads wondering what you actually do. 5. Don’t Hide Your Personality Remember the proverb “all work and no play makes Jack a dull boy”? Turns out it’s true for lawyers, too. Describing your activities outside the office gives readers the complete picture of who you are, what you care about, and how you spend your time. Extracurricular activities—professional and personal—can also be a great conversation starter. Law is a relationship business, and those relationships are often boosted by affinities you share with peers and prospects. Clients want to hire real people to do their work, people with personalities and interests that go beyond their practice. Whether you’re president of an industry trade association, a long-time runner who’s completed marathons in 25 states, or a volunteer at the local food bank, talk about it in a sentence or two at the end of your bio to illustrate what you do when you’re not working. Your bio should tell your story, what you’re good at, and why clients should hire you. Now get writing.

If you haven’t tried ChatGPT yet, you’re missing out! It’s a powerful tool that can be used to save time across a variety of tasks. Is content creation one of the things that ChatGPT is useful for? While some people suggest using AI tools to write web content, most experts recommend against it. In this article, I’m breaking down what you need to know about using ChatGPT for creating your law firm’s website content. The Risks of Using ChatGPT for Web Content ChatGPT and similar AI tools are extremely valuable if you’re looking to work smarter rather than harder. That being said, using these types of platforms does have a downside. Here are the key risks associated with using ChatGPT to create web content. ChatGPT can be wrong— and often is. One of the main problems with AI tools is the confidence with which they display incorrect information. Though the tools will always generate a response, you might not get accurate information. That would never be a great thing, but it’s especially troublesome for the legal industry. People searching for legal content must be able to rely on the truthfulness and accuracy of the information they find. ChatGPT relies on patterns in its existing training data, which can fall out of date (or be based on information that wasn’t correct in the first place). Proceed with caution when leveraging AI tools for information that you present as factual. AI tools are short on creativity and depth— ChatGPT cannot produce original ideas or content. It can only leverage information that’s already out there. Even if you are super careful about the prompts you enter, the content you get back is unlikely to be as engaging as what a human would write. Furthermore, you can’t expect such a tool to match your brand voice or be consistent with what you’ve already published. Readers who follow your blog or normally read your content are likely to recognize a different tone. AI-generated content lacks emotion and won’t be able to humanize your firm’s brand. Who owns AI content? Since we know that ChatGPT gets its information from the training data it has access to, there’s no good way to know where the information really comes from. The content it supplies exists somewhere else on the web—but you have no way to cite the original publisher. That also means that if you prompt ChatGPT with “Write a blog article about 5 steps for filing unemployment claims”, what is returned will have been published elsewhere—maybe even by a competing firm. So, who would own that content? You wouldn’t just go to another firm’s blog and copy their content, but ChatGPT isn’t all that different. ChatGPT content can reflect biases— There can always be inherent biases present in the training data AI tools use. As of right now, we don’t really know the source of all ChatGPT data and how it’s reviewed for biases. We don’t know if information has been fact-checked or how. Information could exhibit stereotypes or make assumptions that make people uncomfortable. This could lead to all sorts of issues that you don’t want to deal with. Information can’t be verified due to a lack of crawling— ChatGPT cannot crawl the web like a search engine. Unlike traditional search engine results, ChatGPT is based on a current database and can’t “look around” for new information. That means content may not be up to date on the latest laws, regulations, rulings, or other important legal matters. Again, this is particularly troublesome for anyone offering legal insights. You’re much better off relying on the specialized expertise of your team, even though it takes more time. Your Website Deserves Better Than Generic AI Content Your website isn’t just a digital brochure—it’s your most important business development tool. The words on your site should reflect your firm’s expertise, speak directly to your ideal client, and guide visitors toward taking action. That’s why using ChatGPT or other AI tools to generate web copy is particularly risky. Beyond the issues of inaccuracy, lack of originality, and brand inconsistency, AI-generated content often misses the mark on search engine optimization (SEO), user experience, and conversion best practices. In a competitive legal market, that’s a risk your firm can’t afford to take. At Good2bSocial, the digital marketing division of Best Lawyers®, we specialize in building high-performing legal websites that don’t just look good—they drive measurable results. Our human experts ensure your content is aligned with your brand voice, optimized for search, and strategically crafted to convert visitors into clients. How Law Firms Can Use AI Tools Like ChatGPT Strategically While we don’t recommend using ChatGPT to write your law firm’s website content from scratch, that doesn’t mean AI tools have no place in your marketing workflow. When used thoughtfully, they can support your content creation process without compromising quality or credibility. Here are a few ways law firms can leverage ChatGPT strategically: Brainstorming content ideas If you’re stuck on what to write about, ChatGPT can help you quickly generate blog topic ideas based on your practice areas or common client questions. Creating first drafts for internal content ChatGPT can assist in drafting internal documents, social media captions, or outlines for longer-form content that a human will then refine and edit. Summarizing complex legal topics AI can be useful for distilling large amounts of information into simpler summaries—as long as a legal professional reviews and verifies accuracy before publishing. Repackaging content for different channels Repurpose your existing content into email copy, meta descriptions, or content snippets for platforms like LinkedIn by using AI to speed up formatting and ideation. Grammar and clarity checks Tools like ChatGPT or Grammarly can help clean up grammar and improve sentence clarity during the editing phase. Pro Tip: Always treat AI-generated content as a starting point, not the final product. Human insight, legal accuracy, and emotional intelligence are still irreplaceable—especially in an industry built on trust. Takeaway There are many great use cases for ChatGPT, but creating web content isn’t one of them. In fact, doing so can actually hurt your brand if the information you share is inaccurate, out of date, or just plain unengaging. Remember, part of the appeal of original content is to connect with your audience at a more human level. Relying on technology may have the opposite effect.

In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries, judges, and tribunals than still images by comparison. Based on years of experience in the courtroom, we have developed five tips and considerations to optimize the use of this invaluable litigation tool.

Ask any long-time HR professional what the most significant change of the last few years has been, and they’ll all tell you the same things: the use of HR technology and the investment in human capital. The two are intrinsically linked to the success of organizations in today’s economy. As the face of HR changes, so too do the methodologies used. HR technology has paved the way for streamlined operations, seamless collaboration, and data-driven decision-making. From recruitment and onboarding to performance management and employee engagement, this powerful solution empowers organizations to optimize their workforce like never before. But does all of this change truly benefit employees, HR leaders, and organizations? Let’s take a look. The Evolution of HR Technology Over the years, HR technology has undergone a remarkable transformation alongside the importance of the department. Today, organizations rely on sophisticated software systems to streamline their HR processes and enhance overall efficiency while keeping the heart of HR the same. In the early stages, HR technology mainly focused on automating administrative tasks such as payroll processing and employee record management. However, as businesses recognized the potential for greater optimization, more advanced solutions were developed. One notable evolution is the rise of employee self-service portals. These online platforms empower employees to independently manage their personal information and professional development. This shift towards self-service not only reduces administrative burden but also enhances employee engagement by providing instant access to critical resources. With the emergence of mobile applications explicitly tailored for HR functions—such as recruitment apps or performance tracking tools—accessing vital information has become even more accessible through smartphones or tablets. As we continue into an increasingly digital age with rapid technological advancements—including data analytics capabilities like predictive analytics—it’s safe to say that this evolution will persist. The future holds exciting possibilities for leveraging AI-powered chatbots for candidate sourcing or utilizing virtual reality simulations for immersive training experiences. It also holds hope for Human Resources compliance, a growing area of risk and concern for organizations. Benefits of HR Technology in the Workplace HR technology has revolutionized how businesses manage their workforce, bringing numerous benefits to the workplace. One of the key advantages is increased efficiency and productivity. With automated processes for tasks such as recruitment, onboarding, and performance management, HR professionals can save time and focus on more strategic initiatives. Alongside this shift is an improvement in data accuracy and analysis. HR technology enables organizations to collect and analyze vast amounts of employee data, providing valuable insights for decision-making. From identifying skill gaps to tracking employee engagement levels, this data-driven approach helps companies make informed choices about talent management. HR Technology for Compliance Additionally, HR technology enhances compliance with labor laws and regulations. By automating processes related to payroll calculations or leave management, companies can ensure accurate record-keeping while minimizing errors that could lead to legal issues. Challenges in Adopting HR Technology Implementing HR technology can revolutionize the way organizations manage their workforce, but it has its challenges. One of the main hurdles companies face when adopting HR technology is resistance to change. Employees may be hesitant to embrace new systems and processes, causing a reluctance to fully engage with the technology. Another challenge is ensuring that the chosen HR technology aligns with the organization’s needs and goals. With numerous options available in the market, selecting the right solution can be overwhelming and time-consuming. It requires careful evaluation of various factors such as scalability, integration capabilities, and user-friendliness. Integration with existing systems poses yet another challenge. Many organizations have legacy systems in place that need to seamlessly integrate with new HR technology platforms. This can require significant effort from IT departments to ensure smooth data migration and synchronization between systems. Data security is also a concern when implementing HR technology. Organizations must ensure that sensitive employee information remains protected from unauthorized access or breaches. This means investing in robust cybersecurity measures and staying up-to-date on compliance regulations. While there are challenges involved in adopting HR technology, they can all be overcome through proper planning, communication, training, and support from management teams. Future Trends and Predictions for HR Technology The world of HR technology is constantly evolving, with new trends and advancements emerging each year. As organizations strive to stay ahead in the competitive market, it’s essential to keep an eye on the future of HR technology. Here are some exciting trends and predictions that we can expect to see in this field. The AI of it all. Artificial Intelligence (AI) will play a bigger role in HR processes. From automating repetitive tasks to analyzing employee data for better decision-making, AI will revolutionize HR operations. VR & AR come to the table. Virtual reality (VR) and augmented reality (AR) will be used for immersive training experiences. Imagine employees being able to practice their skills in a virtual environment or attending virtual meetings from anywhere in the world. Data analytics drive strategic decisions. Data analytics will become even more crucial in driving strategic decisions within organizations. With advanced analytics tools, HR professionals can gain valuable insights into workforce patterns, engagement levels, and talent acquisition strategies. A mobile-first world. Mobile-friendly applications will continue dominating the HR tech landscape as employees increasingly rely on smartphones for work-related activities such as accessing payroll information or requesting time off. Employee well-being takes center stage. Employee well-being technologies will take center stage as organizations recognize the importance of promoting physical and mental wellness among their workforce. Employee data. Blockchain technology may find its way into HR systems, ensuring secure storage and verification of sensitive employee data like certifications or performance records. Personalization is no longer optional. Personalization will be key when it comes to delivering tailored experiences for candidates during recruitment processes or providing customized learning opportunities for employees’ professional development. Gen-Z pulls focus. Gen Z-focused tools and platforms specifically designed to cater to younger generations entering the workforce are likely to emerge as companies adapt their practices accordingly. As these trends unfold, it’s clear that technological innovations have immense potential when it comes to transforming traditional human resource management practices. How HR Technology Can Drive Organizational Success HR technology has revolutionized the way organizations manage their human resources. With advanced software and tools, companies can streamline their HR processes, improve efficiency, and drive organizational success. One key benefit of HR technology is its ability to automate time-consuming tasks such as payroll processing and employee onboarding. By automating these processes, HR professionals can focus on more strategic activities that contribute to the overall success of the organization. Another advantage of HR technology is its ability to provide real-time data and analytics. This allows managers to make informed decisions about talent acquisition, performance management, and employee engagement. By having access to accurate data, organizations can identify trends and patterns that help them optimize their workforce. HR technology has the ability to change the way HR departments function within an organization, but it has to be done in a way that makes sense—and that is often not up to the HR leaders, unfortunately, but other decision-makers within the company. Collaborating with the people using these products will yield greater results in terms of implementation, ROI, and understanding. HR Technology Is Your Friend, Not a Foe The evolution of HR technology has been remarkable, with advancements in artificial intelligence, predictive analytics, and cloud-based platforms revolutionizing the HR industry. These innovations have enabled businesses to automate processes, gain valuable insights into their workforce, and make data-driven decisions. All of the benefits of adopting HR technology are evident across various aspects of the workplace. Improved efficiency in recruitment and onboarding allows organizations to attract top talent quickly and seamlessly integrate them into the company culture. Performance management systems help managers provide regular feedback and coaching, leading to increased productivity and employee satisfaction.

Even though online marketers seem to come up with new strategies almost weekly, email marketing remains one of the most reliable and profitable forms of online marketing. As social media continues to grow and content marketing techniques dominate SEO methods, email marketing continues to show a strong track record and high rate of success. If your law firm wants to get the most out of email marketing, though, it’s important to do everything you can to create campaigns that maximize lead generation and minimize costs. Email serves as a powerful direct communication channel that enables your organization not only to pinpoint potential leads but also to foster meaningful relationships with them, ultimately guiding them toward conversion into valued customers. Here are eight essential tips that will help you to do exactly that. Don’t Overcomplicate Email Marketing One of the biggest causes of failure with email marketing is simply overcomplicating the whole process. Compared to other digital marketing techniques, email is pretty straightforward and easy to understand. Whether it’s going to ten people or ten thousand, the bottom line is that you are just writing an email. Writing a good email message is going to do more for you than any other “trick” you might come across. 1. Use Relevant Subject Lines Subject lines have the potential to make or break an email campaign. In an email message, the subject line serves the same purpose as the headline on an article. It’s a big factor for drawing clicks. The pivotal moment when your audience decides whether to open your email hinges on their assessment of the subject line. While you can’t guarantee that any email gets opened, you can almost guarantee that people are going to see that subject line in their list of new emails. Make sure the subject line of the messages you send are relevant, interesting, and most of all, they tell the reader what they can expect to see if they open the email. If you’re giving away an eBook, putting on a webinar, or have something else of value for your readers, don’t try to be overly creative and surprise them. Put it right in the subject line and get them excited to see what’s inside. Enhance the effectiveness of your subject lines by making them actionable. Instead of a generic phrase like ‘New eBook,’ infuse a strong Call to Action (CTA) into your subject line. For instance, ‘Download our new eBook’ not only informs your audience about the content but also encourages them to take immediate action, directing traffic to your other platforms. 2. Keep Designs Clean Sloppy design and formatting can make someone close your email just as quickly as they opened it. It gives an instant impression of a lack of professionalism and can drive away leads that would have otherwise converted. If you are running a do-it-yourself campaign, you should strive to keep things as simple as possible. Write your messages the same way you would write any other email and don’t try to be too fancy with anything. Consistency is key when it comes to follow-up emails. By keeping them consistent in terms of color scheme and layout, you reinforce your brand’s identity. Consider incorporating your company’s logo into the email design as well; not only does this add a touch of professionalism, but it also establishes a visual connection between your brand and the content of the email. If you’re looking for a bit more than a plain black and white email message, you can hire a professional designer to create something for you or check with your email service provider to see if they have ready-made templates you can use. 3. Strive for Easy Readability Every email message your firm sends out needs to be easily readable and digestible. You should use large, clear fonts that readers won’t need to squint to see. Make sure the body of your message is easy to scan, just like you would a blog post. Make important points bold, or use bullet lists to make them easy to see. Above all, ensure that your call to action (CTA) is prominently displayed, starting right from the subject line, and seamlessly integrated throughout the email body. Utilizing action-oriented words like ‘attend,’ ‘register,’ or ‘read’ not only creates a clear and compelling CTA but also guides your recipients towards taking the desired actions you intend them to. Write your messages assuming that the recipients will be reading it while they are doing something else like commuting to work or waiting in line. This will help you to streamline your messages and make sure that you’re highlighting the most important information. Ensure that there is an easy way for the reader to actually complete the action after the email. Including hyperlinks within the email can streamline downloads and attendees. 4. Define the Purpose of Each Email Complete email campaigns can be made up of just a few individual messages or a few hundred messages. Either way, each individual message should have a clearly defined purpose as it’s put together. With one message you may want to educate the readers about a certain area of law. With a different message, you might be trying to get people to sign up for a webinar. Or you might be trying to drum up some attention for your social media presence. Whatever it is that you want to accomplish with each email message, you should have that purpose in mind right from the beginning and stick to it as you go through the process of creating the message. Details That Can Make a Difference Going beyond the basics of just writing a good email message, there are several things you can do to make each message more effective. By keeping an eye on some of the less obvious details, you can tune your messages and campaigns to continually get better results over time. 5. Use Specific Targeting No matter how big or small your email list is, you’ve probably got more than one audience under the surface. Some subscribers might be older while others are younger, and there are probably people interested in the different types of services that your firm provides. If you separate each of these subgroups and market to each of them with messages designed for their specific interests, you will be much more successful at converting leads. Using specific targeting strategies allows you to send the right message to the right people at the right time. This can lead to higher open rates, click-through rates, and most importantly, conversion rates. 6. Write Engaging Content Just like blog posts, if you want people to read your emails, the content has to be engaging, relevant, and interesting. Everything should be coherent, not a mismatch of random topics just there to fill up a page. Short and interesting articles in your emails will get your readers back to your website, your blog, or wherever else you’d like to direct them. Remember, the key to engaging email content is to provide value to your recipients. Make sure content meets their needs, interests, and preferences, as this will increase conversion rate. 7. Test Your Messages Even if your campaigns are doing well, it’s important to keep testing new ideas. You never know when you’ll come across something that can boost your returns even more. Most email service providers will allow you to conduct A/B testing or split testing. The basic idea is that you can send out two similar messages with specific differences, like the subject line or the wording of a call to action and see which generates a better response. When the test is complete, you can pick out the characteristics of each batch that worked the best and use those to improve future emails. When conducting A/B testing, it’s crucial to methodically test one variable at a time to isolate the specific impact of each change. Typically, you can experiment with elements such as subject lines, call-to-action (CTA) buttons, images, and send times. This approach ensures that your test results yield statistical significance, providing valuable insights. Over time, these tests serve as a valuable tool for refining your email campaigns and enhancing their overall effectiveness. 8. Analyze and Tune The most important thing to remember is that email marketing is not a “set it and forget it” kind of thing. You should regularly monitor things like open and click-through rates to make sure everything is going as planned. Sometimes just a small change in content can take your messages from people’s inboxes to their spam folders. If you’re not watching what’s going on, results could be disastrous. At the same time, you may need to make changes to keep open rates stable. If people start to think they’re just seeing the same thing over and over again they will understandably lose interest Takeaway: It doesn’t matter if your firm is just starting out with email marketing or if you’ve been doing it for a long time. Law firms of every size and type can benefit from an integrated email strategy.

Customer Relationship Management (CRM) systems have proven to be pivotal tools for numerous industries, and the legal sector is no exception. As law firms ramp up their marketing initiatives this October, it’s crucial to understand how a robust CRM system, bolstered by high-quality data, can elevate their marketing efforts. Importance of CRM in Legal Marketing Streamlined Client Interactions: A comprehensive CRM system captures every interaction, such as calls, emails or meetings, ensuring lawyers and their teams remain informed and can tailor their approach to individual client needs. Targeted Marketing Campaigns: By leveraging client and prospect data from CRM, law firms can create segmented marketing campaigns. For instance, a campaign targeted at clients seeking real estate legal advice in the fall can be distinctly different from one aimed at businesses looking for corporate legal services. Referral Tracking: Many lawyers acquire new clients through referrals. With a CRM, it’s easier to track which referrals come from where, enabling firms to focus their marketing efforts and appreciation on their most valuable networks. Data Quality: The Bedrock of Effective CRM For a CRM system to be effective, the quality of the data fed into it is paramount. Here’s why data quality is critical: Accuracy and Relevance: Ensuring that client data is accurate is vital. Incorrect contact details can lead to missed opportunities, while outdated information can render marketing campaigns ineffective. Enhanced Decision Making: Quality data enables law firms to glean actionable insights, from understanding which services are most sought after, to identifying the most influential referral sources. Personalization: In the age of digital marketing, personalization is key. Accurate and up-to-date data ensures that marketing campaigns resonate with their intended audiences. For instance, recognizing that a client has recently started a family business can lead to tailored communications about legalities related to family enterprises. Integrating CRM and Data Quality into October Strategies Incorporating CRM insights can refine each of the October marketing strategies mentioned above by: October Starter Webinar or Workshop: Use CRM data to identify topics that have been frequently discussed or queried by clients over the past months. This way, you can create content that directly addresses the pressing needs and concerns of your clients. Consider sending out pre-webinar surveys, leveraging CRM to select potential attendees and tailoring your content accordingly. By aligning your webinar or workshop topics with real-time data, you not only ensure relevancy but also boost engagement rates. Participate in Local October Festivities: Identify and reach out to potential clients or networks using CRM segmentation. By understanding the demographics, interests and preferences stored in your CRM, you can choose festivities that will best resonate with your target audience. Ensure your presence at these events is optimized for the clients you aim to serve. October Synopsis Newsletter: Include an item addressing common questions or issues stored in the CRM. This is a great way to demonstrate that you’re actively listening to your clients. Personalize the newsletter based on the data segments. For instance, for corporate clients, provide insights into upcoming legal changes that could impact their businesses. This proactive approach, fueled by CRM insights, establishes you as a thought leader in your domain. Strategize Ahead: Use CRM analytics to predict future client needs and craft early bird offers accordingly. By analyzing historical data and trends from previous years, you can anticipate client requirements in the coming months. Perhaps there’s a seasonal surge in certain legal queries around winter. Offer discounted packages or consultations related to those specific services. This preemptive approach positions your firm as both insightful and client centric. Revitalize Your Digital Footprint: Embed CRM feedback or client testimonials to make your website and social media more authentic and relatable. Positive feedback and testimonials can serve as powerful trust signals for potential clients. If, for instance, a client praised your swift response time or detailed consultation in the CRM feedback, highlight such commendations on your homepage or in your social media campaigns. By incorporating real client experiences, you humanize your brand and reinforce your credibility. Forge Ties with Autumn-centric Businesses: Use CRM to identify businesses that are active during the fall and approach them for collaborations. By understanding which businesses peak during the autumnal months through CRM analytics, you can offer specialized legal packages or workshops tailored for them. By deepening the integration of CRM insights into these strategies, legal professionals can craft more intuitive, targeted and successful marketing initiatives for the seasonal shift. With a focus on data quality, law firms can ensure that their marketing strategies are not only timely but also personalized, efficient and effective.

Generative artificial intelligence (AI) can be a powerful tool to create and enhance advertising campaigns, but it is important to ensure that the ads are legally compliant. Generative AI, a type of AI that can create new content, including text, images, video, audio, code, and simulations, has become increasingly popular for use in many industries, including advertising. However, there are a myriad of legal issues that can arise when using AI to create ads. Many advertisers, advertising agencies and public relations firms are now using AI chatbots such as OpenAI’s ChatGPT, Microsoft’s new Bing search engine and Google’s new Bard chatbot to brainstorm ideas for ads and advertising campaigns. Using AI merely to help brainstorm new ideas presents some legal risks. However, using AI to create ads, either in whole or in part, presents numerous legal risks. Here are some guidelines to follow when creating ads using AI to help reduce some of the legal risks. 1. Document the Creative Process Used to Create Ads When Using AI Under recently published guidance by the U.S. Copyright Office, works created with the assistance of AI may be copyrightable as long as they involve sufficient human authorship. The Copyright Office has stated that “it is well-established that copyright can protect only material that is the product of human creativity.” According to the policy statement, works created by AI without human involvement cannot be copyrighted because they do not meet the human authorship requirement. “When an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship’ are determined and executed by the technology—not the human user.” However, a work containing AI-generated material may be copyrightable, such as when a human selects or arranges “AI-generated material in a sufficiently creative way that ‘the resulting work as a whole constitutes an original work of authorship.’” Therefore, advertising that is created solely by AI is not entitled to copyright protection in the United States. There must be sufficient human involvement, which should be documented. A best practice is to document how the advertising was created, such as by saving the history of the prompts used, subsequent steps taken to modify the prompts, steps taken to modify the output, and other ways in which the advertising was created. Copyright protection for advertising created with AI varies by country. In the United Kingdom (UK), advertising and other works created solely by a computer can be protected. The UK Intellectual Property Office has stated that “computer-generated works without a human author . . . are currently protected in the UK for 50 years.” The European Union (EU) is less clear. It has stated that an AI-generated work “could qualify as a work protected under EU copyright law on condition that a human being initiated and conceived the work and subsequently redacted the AI-assisted output in a creative manner.” When there is no copyright protection for advertising created by AI, companies may not be able to enforce their rights over others if the advertising is copied, even if it is blatantly copied. 2. Review All Claims to Ensure That They Are Truthful, Nondeceptive and Substantiated Advertising created by AI is subject to the same false advertising rules as all other advertising. The Federal Trade Commission (FTC) prohibits advertising that is false, misleading, or unsubstantiated. False advertising is also prohibited under state and local laws and can result in law enforcement action by the FTC and other federal agencies, state attorneys general, and local district attorneys, as well as lawsuits by competitors under Section 43(a) of the Lanham Act and lawsuits by consumers, including class actions. The remedies for false advertising consist of cease-and-desist orders, injunctions, monetary penalties, and/or corrective advertising. In addition to monetary penalties, financial losses from false advertising can include fines and attorneys’ fees; the cost of defense; the cost of replacing existing advertisements, displays and packaging; the cost of fielding consumer complaints; the cost of issuing refunds; and the loss of sales due to damage to consumer trust. FTC Chair Lina Khan has stated that the FTC will be taking an active role in ensuring that the rise of AI does not violate consumer protection and antitrust laws. In a guest essay in The New York Times, she wrote: “As companies race to deploy and monetize A.I., the Federal Trade Commission is taking a close look at how we can best achieve our dual mandate to promote fair competition and to protect Americans from unfair or deceptive practices.” Additionally, objective claims for products and services must be true, nondeceptive and adequately substantiated. AI chatbots can make up facts that may seem plausible but are not true and generate misinformation. According to an article in The New York Times, “because of the surprising way [AI chatbots] mix and match what they’ve learned to generate entirely new text, they often create convincing language that is flat-out wrong, or does not exist in their training data. A.I. researchers call this tendency to make stuff up a ‘hallucination,’ which can include irrelevant, nonsensical, or factually incorrect answers.” Advertising created in whole or in part by AI can contain hallucinations and other misinformation. Of course, claims for products or services based on AI hallucinations are likely to be false. Consequently, it is important that advertising created by AI be carefully reviewed to make sure that it is not false, misleading, or unsubstantiated. 3. Be Careful to Avoid Copyright Infringement Many AI chatbots are trained by analyzing huge amounts of data from the Internet. Advertising created by AI reflects this data. In some cases, the output of AI can include identifiable portions of the training data. When such outputs are used to create advertising, there is a risk of infringement of third-party copyrights by reproducing copyrighted material without permission. Advertising created by AI may also constitute a derivative work of copyrighted material, which also creates a risk of copyright infringement. Specifically, if the advertising created by AI is too similar to a copyrighted work, the advertising may violate the Copyright Act or foreign copyright laws and expose the advertiser to copyright infringement claims. The difficulty is that because users of AI are not aware of all the copyrighted material on the Internet (and used to train the AI), users may not know how similar the advertising is to a copyrighted work and may publish infringing advertising. Even if this does not give rise to copyright infringement claims, it can cause significant damage to the advertiser’s reputation. Advertising created by AI should be carefully reviewed to ensure that it does not infringe third-party copyrights or result in reputational damage to the advertiser. 4. Be Careful Not to Use an Advertiser’s Confidential Information for Prompts Prompts are the queries that users input into an AI system to generate an output. Prompts can be used by AI software for training purposes to improve their models. Users should be careful to avoid sharing confidential or sensitive information when creating prompts, since AI systems can incorporate the prompts to generate outputs for other users. If an advertising agency, a public relations firm, or an employee of an advertiser uses the advertiser’s confidential information in prompts to create advertising with AI, this could result in liability based on a breach of confidentiality. Likewise, if a prompt uses a company’s trade secret, providing that data to an AI model could result in the information losing its trade secret protection. If a prompt uses information subject to the attorney-client privilege or work product doctrine, that information may lose its privileged status due to waiver of the privilege. Prompts that contain personal information can raise privacy law compliance obligations. There are United States and EU requirements regarding notice, consent, and data rights, such as the rights of individuals to access, delete or correct information. Many states have stringent consumer privacy laws, such as the California Consumer Privacy Act (CCPA), which was strengthened as of January 1, 2023. The Children’s Online Privacy Protection Act (COPPA) applies to the online collection of personal information about children under 13 years of age. In the EU, companies must comply with the General Data Protection Regulation (GDPR) when using AI tools. The GDPR covers the use of personal data to train, develop or deploy AI. 5. Review the Terms of Use of the AI System Companies using AI to create advertising should review the terms of use of the AI system to understand the ownership and other rights involving the prompts and the output generated by the AI system, such as advertising. For example, OpenAI’s Terms of Use provide: As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, OpenAI hereby assigns to you all its rights, title, and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. OpenAI may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms. These terms apply to all OpenAI products, including ChatGPT, GPT-4 (OpenAI’s most advanced AI model) and DALL-E2 (an AI system used to create images and art from text inputs). Since the AI system may have rights to use the output, the system may reproduce the same or similar content for another user. This can result in copyright infringement claims and reputational harm based on plagiarism. 6. Establish AI Usage Policies for Employees Considering the risks when using AI to create advertising, advertisers, advertising agencies and public relations firms would do well to develop AI usage policies for employees. If a company permits its employees to use AI to create advertising, there should be protocols for the use of AI tools and for review of the advertising before it is published. Specifically, the usage policy should contain guidelines for employees to seek approval to use AI to create advertisements and to use AI for other purposes. The guidelines should also cover what the review process of the advertising will entail, including higher-risk areas that employees should be aware of when using AI to create advertising. It is important for employees to understand that they should not use AI to create advertising unless they are permitted to do so by their employer. For example, the guidelines could prohibit employees from using AI tools for advertising unless approved by the legal department. 

Dan Martin, Trial Consulting Lead at IMS Consulting & Expert Services, shared his predictions concerning the types of trial technology that attorneys soon will be seeing—and using—in the courtroom and in online trials. When Dan Martin first started in the trial consulting profession 25 years ago, the practice of videotaping depositions was still fairly novel. Today, not only are many depositions videotaped, but their capture is often accomplished remotely. The attorneys Dan partnered with in the ’90s were still arriving at trial laden with graphics printed on large boards, a presentation medium that, while not forgone, has largely been supplanted by video displays. He has seen Ultra HD (4K) video slowly begin to take the place of plain old HD, which took the place of standard definition…and so on. Once satisfied with 2-dimensional graphic images, clients are increasingly requesting 3D animations. And the swiftest legal technology transformation Dan has witnessed took place about two years ago, when legal proceedings through the use of Zoom technology began to be conducted online. Innovation in Trial Technology As a trial consultant expert at IMS Consulting & Expert Services (one of the largest litigation support firms in the world), Dan has his fingers on the pulse of the courtroom technology industry. He and his colleagues typically are not only among the first to offer new technological tools to law firms, but they also play a role in the development of these innovations and are very often the catalysts for their widespread usage in courtrooms. When asked about courtroom tech and media trends on the horizon, Dan predicted we will continue to see a widening frontier in trial graphics that mirrors technological innovations taking place all around us. Dan shared, “My guess is that we’ll begin to see some level of augmented reality and virtual reality technology make its way into courtroom displays available to juries. To me the question is how ubiquitous that technology will become in the coming years. Lots of courts provide jurors with their own individual display monitors. It’s not farfetched to assume that jurors will be reaching down for a headset in five or ten years.” Augmented and Virtual Reality Augmented reality (AR) and virtual reality (VR) are similar in that they enable people to experience 3D images virtually, but there are differences between the two technologies. AR adds virtual images to a real-life setting, while VR replaces the real-life setting with a completely virtual reality. They could walk around the structure and examine it from every angle. VR, on the other hand, might be used in an environmental case, for instance, to allow jurors to fly over the scene of a contamination site, and thus, gain a sense of the scope of damage. Holograms Dan offered another prediction too: “We’re probably not far off from seeing hologram technology come to the courtroom. It’s pretty exciting to think of all the potential applications for storytelling, and ultimately as a teaching tool. Imagine using holograms to present an anatomy tutorial in a personal injury case or to spin a chemical compound around in front of a jury box in a biopharma patent case.” Holographic technology is similar to AR technology in that they both can be used to bring a nonreal 3D object into a real-life space. They differ in that holograms are created by a process that uses a split laser beam and photographic plates and AR is created digitally. Also, the resolution of a hologram is lower than that of an AR image; however, the hologram has an advantage in that it can be seen with the naked eye, meaning no headsets are needed. 3D Animation While Dan is excited to see these innovations appear in the courtroom, he said the high-tech tools his graphics team already has at its disposal, in most cases, relay information to jurors just as effectively. “In addition to traditional trial graphics and simple 2D animation, 3D animation continues to be an amazing tool. We’ve used 3D for years to teach concepts, to put forth a version of events, or provide the lay of the land. Now we’re seeing apps that use LiDAR-type scan data to quickly develop objects in 3D space. Anyone can play with this stuff,” he continued. Dan was referring to the new LiDAR sensor feature that is available on iPhones versions 12 Pro and up. LiDAR stands for light detection and ranging, and this technology uses waves of light pulses to generate information about the shape of an object or objects within a scene. A person with an iPhone can now download a scanner app, scan any object or scene with their phone, and then bring that scan into a 3D program (such as Blender) and use the information to create a 3D image for screen or to create a tangible model. The 3D image created by an iPhone can even be placed directly into a PowerPoint program. Using the morph feature within that program, the object’s movements can be displayed in a series of still slides—thus allowing jurors to see the image from every angle—or the object can be entirely animated on one single slide. Drone Footage Dan and fellow IMS Trial Consultant Andrew Buckley recently created an internal presentation entitled Camera Obscura: A Peek Inside the Black Box of Media Production at IMS. This demonstration contained drone footage of a swamp that was remarkably crisp and clear, so our viewers felt like they were actually there. When asked if drone footage of that caliber is rare within the trial graphics industry, Dan responded: “Anyone filming in 4K video these days, and most are, can achieve crisp imagery. What sets our drone videos apart from that of other trial consulting firms is the level of artistry, the viewpoints that we are able to capture. In order to create high-level drone footage, you need a skilled pilot who possesses the sensibilities of a professional photographer-videographer. At IMS, we happen to have a great one: my colleague Andrew Buckley.” Challenges to Consider Adopting New Technology While state-of-the-art display methods are widely used by law firms and their clients, including during online trial proceedings, some courtrooms may be a bit behind the times. “Your new tech is only as good as your display, and in terms of display equipment, lots of courts are stuck in the past,” Dan revealed. “We graphics people love our color-corrected 4K monitors and widescreen presentations, but the hot seat operators—the people who have to deal with actual tech in the courtroom—are often dealing with outmoded courtroom equipment with different parameters and are trying to fix things on the fly.” Dan gave two reasons why courts are sometimes slow to adopt recent technologies. The first is that they need to be absolutely certain innovations will not be unduly persuasive. Second, initially, new technology is very expensive, and courts may have little incentive to upgrade. “We are always going to design for the highest quality,” he said, “but we still need to be able to display those graphics in a courtroom that has old-fashioned equipment. They’ll be high quality, just not at their full potential. And the truth is, we’re not designing solely for the courtroom. Leading up to trial, graphics preparation aids the attorneys in their strategy development. Sometimes it’s the power of a great presentation that leads the other side to decide to settle.” Connecting Messages With Media The arsenal of display tools trial consultants and graphic designers have available to them has grown immensely and will continue to do so. But just like a power drill will not do the job of a tweezer, no tool is intrinsically superior to another. Each has their own purposes, and some are better suited than others to relay particular messages to jurors. “We never put the media before the message. We help tailor the presentation to the narrative and the strategy. It’s that alignment that keeps jurors alert and intrigued.” Dan and his team consider several factors when making determinations about the mediums to use in a legal matter. They make their decisions based on the key points that are crucial for jurors to receive; the testimony styles, capabilities, and preferences of attorneys and witnesses; and the cost. Our trial consultants and designers often have the luxury of being able to choose between several display alternatives—all of which are capable of effectively doing the job. Get Ahead of the Curve The only constant in life is change, and that adage is particularly true when it comes to trial technology. When AR, VR, and even holograms one day hit the courtroom, Dan and his trial consulting and graphics teams will be ready to utilize them. They ever invest in new technological tools, become proficient in their use, and share them with their attorney partners.  The one thing that never changes is Dan and his teammates’ overarching goal, which is to ensure attorneys are optimally positioned to win cases.

The word “disruption” triggers heavy, often negative, images or connotations. Almost no one likes disruptions, such as not being able to go to work due to illness or Netflix lagging due to bad internet as you’re trying to watch Lucifer. And even over the past two months, the lives of millions of people have been disrupted due to war and conflict. The instability and uncertainty that are generated by disruption can be extremely unsettling. But as much as we fear and dislike disruption, there’s also plenty of reason to enjoy and even celebrate disruption. That’s because the definition of disruption is a break in the status quo, or some interruption in the normal way of carrying out some activity. In other words, there’s no reason why disruption must always be bad. There are many cases when disruption has been a force of good that has greatly enriched the lives of everyday, ordinary people. The definition of disruption is a break in the status quo, or some interruption in the normal way of carrying out some activity. Artificial Intelligence (AI) is frequently described as a source of disruption, and that it will steal the jobs of hard-working individuals. It is true that AI is a disruption, but before you cave in to all the fear, uncertainty, and doubt (FUD), don’t forget that AI is a source of positive disruption. What the naysayers often leave out is that AI is not just a positive disruption capable of greatly improving peoples’ lives, but it’s a game-changing innovation. What Is Innovation? In general terms, innovation can be described as creating something that generates value. To complete the loop, the amount of value generated often depends on how innovative that something is. Innovations can occur with both emerging as well as time-tested tech. An example of the former might be augmented or virtual reality, while cell phones and smartphones are an instance of the latter (keeping in mind that telephones were invented in 1876). It’s also possible that an innovation can be the result of combining both emerging and established tech. Types of Innovation When it comes to innovation, there’s no “one-size-fits-all” definition. Just like we mentioned that innovation can appear from emerging tech, established tech, or a mix of the two, there are also several types of innovation. Some are small steps that build off of previous ones, whereas others are massive, life-altering, game-changing leaps (you know, “One small step for man, one giant leap for mankind”). There are many ways to categorize innovation. But one of the simpler approaches is to think about it as if it were a graph. On the y-axis, you have the “newness” of the technology. In other words, how young and novel it is. On the x-axis, it’s the impact the product or service will have on the market. With both axes set, you can divide the graph into four main quadrants: incremental (low newness, low impact), sustaining (low newness, high impact), radical (high newness, low impact), and disruptive (high newness, high impact).

Lawyers and professional services providers: Do you want to thrill your clients, customers, prospects, and other contacts (CPs)? If so, either become “ultra-responsive” or at least consider leveling up your responsiveness game and tool kit. The fact is this: In this current hybrid work world, the expectations, platforms, and tools available for and components of responsiveness have changed considerably! Studies show that many CPs now expect, want, and may need to reach a lawyer or other professional instantly, or receive some type of response “right away”—and by right away, CPs mean in less than one hour. Don’t believe me? Ask your clients, including (but not limited to) the general counsel, in-house counsel, C-suite executives, deal makers, referral sources, internal professional staff members, and other professionals you serve and work with. Decades of studies and surveys have shown (and continue to find) that the #1 complaint CPs have about lawyers (and other professionals) is their lack of timely responsiveness. This lack of timely responsiveness applies to ALL lawyers, whether a plaintiff or defense firm, and whether serving individuals, corporations, nonprofits, or any other entities, and applies to many other professional services providers too. Lack of timely responsiveness leaves CPs feeling like you are too busy for them, they are unimportant, they/their matters are not a priority or important to you, and generally are unwanted and/or unloved. Plus, lack of timely responsiveness threatens lawyers’, law firms’, and other professionals’ existing client and other relationships, reduces your new business pipeline, and can negatively impact future growth. The standard response time in the legal industry to get back to a CP used to be within two hours, but now it’s more like five minutes! Why? Because most CPs seek to contact a lawyer due to a stressful, important, or urgent situation/matter. Most CPs these days (especially C-suite decision-makers, business owners, and entrepreneurs) are in a hurry, need legal advice/service fast, and don’t have a lot of time to waste waiting—for anything. What Is the Number of Rings (and Total Time) Before Your Voicemail Picks up When Someone Calls Your Office and Cell Phone? If any of your phone lines make a caller wait for more than 15-30 seconds before your voicemail picks up, you have a problem. Many hard-driven professionals and clients are in a hurry, are short on time, and do not want to wait for a minute or more before they can leave you a voicemail (if you don’t actually answer within three rings, which is optimal). Check your setup now and minimize the number of rings before a personalized voicemail greeting picks up. The maximum number of rings should be five (but ideally, three). Do You Have a Personalized Voicemail Message on Both Your Office and Cell? You should take the 5-10 minutes needed to personally record a short and sweet voicemail recording on all your phones. Include the name and phone number for your assistant or someone else in the firm whom a caller can contact if they have an immediate/urgent issue. Return calls within three hours. Work with your secretary/assistant to have him or her return your calls within three hours if you are unable to return them yourself. If you are too busy, don’t think it’s important, feel as though you are too important and high ranking or simply don’t have time to record a personalized voicemail greeting, then (and only if it’s truly necessary) ask an assistant to record one for you, but be sure it’s short and optimized. If you have not recorded a personalized greeting on both your office and cell, consider doing so now. What Secure Messaging Options Do You Have and Use? According to the Legal Trends Report published annually by Clio, many CPs (especially younger ones) would rather text or email their lawyer than talk on the phone or face-to-face. They prefer not to call your firm or meet with you in real life. Most of us in the legal industry know that standard text platforms are not very secure, and while Google Voice provides a free forwarding number and texting through an app or browser, it may not be very secure either. So, ask yourself: Are you using stand-alone and secure messaging apps like Signal or What’s App for business? If not, ask your clients whether they would like secure messaging as a communication option. Does Your Website Have a Chat or Contact Us Option That Is Staffed Regularly? If your firm has a chat or “Contact Us” feature on your website but no one checks it or responds regularly to inquiries and questions, consider improving your process. If your firm does not have a way for CPs to contact you on your website, create one ASAP and be sure to respond in a timely manner (i.e., as close to “right away” as is possible). Optimize Your Email Email Response Time—Now that “right away” is the new standard, ask yourself: How long (minutes/hours/days) does it take for me to respond to 1) what I perceive as important and urgent emails, and 2) the emails I receive that I do not perceive as important or urgent? Use Your Assistant/Professional Staff: Arrange to give your primary assistant access to your email (not the contents of the email, just the occurrence of incoming emails), and train them regarding how to respond for you. For example, “Sue is in court all day today. Please let me know if your email is urgent, and I can text her. Thank you.—Assistant Name, contact info.” Use OOO (Out of Office) Messages: If you are a lawyer or other professional who does not currently practice a disciplined, daily email approach, or if you are super busy and not always able to check and read your email at least once a day (ideally four to five times daily, based on CPs’ expectations and “need right aways” as described above), consider creating an OOO message and then use it every day. For example, “Thank you for your email. Due to my workload, I only check my email twice a day, at around 8 am MST and 3 pm MST. If you need to reach me urgently, please (either) call my cell _______ or contact NAME (assistant/backup) email, phone.” Check Your Email Signature: Ask your clients whether your email signature is received in their inbox as an attachment. If so, streamline and optimize yours. The email firewalls in many (especially large) companies and organizations either block images or convert email signatures into images, which is a small but frequent annoyance to clients because they are not sure when an attachment is substantive, especially when they are on the go, using their cell/mobile. Your Presence on and Use of Social Media Platforms, Especially LinkedIn: Is your LinkedIn profile optimized? If you don’t think LinkedIn is a valuable tool and you don’t spend a lot of time on LinkedIn, check out the great two-part article, “Why Lawyers Need LinkedIn” by Ross Fishman. If you are not using LinkedIn to research, keep in contact, and stay in touch via its LinkedIn messaging feature, you are missing out. Don’t let the “I’m too busy” excuse impede your responsiveness as described above (and ultimately your success). The fact is, if you have a job (and even those who don’t have a job but raise children or care for a family), you are busy almost ALL the time.  We all need to force ourselves to make time to schedule and do these types of very important yet not necessarily urgent tasks so that we stay in tune with the times. Or, maybe hire a virtual assistant to help.