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A Front-Line Interview on "the Currency of Impact" with Author Dorie Clark

In the second of my Front Line interviews, I have the pleasure of engaging with author and HBR contributor Dorie Clark, on how our thoughts and ideas can have a real impact “on the ground” beyond ‘clicks and likes.’ Dorie’s...more

The One Secret Ingredient to Creating Raves

Restaurateur Danny Meyer has been delighting diners in New York City since he opened Union Square Cafe in 1985. Thirty years and 15 restaurant concepts later, he and his team at Union Square Hospitality Group (USHG) have perfected the art of “enlightened hospitality.” more

Corcoran: Infighting on Compensation Costs BigLaw Time and Money

Nov. 14, 2014 (Mimesis Law) -- Tim Corcoran, president of the Legal Marketing Association and head of the Corcoran Consulting Group, talks with Lee Pacchia about some of the myths and bad practices he sees in law firm compensation.more

Zimmermann: "Two Class" Partnership Culture Emerging in BigLaw

Nov. 5, 2014 (Mimesis Law) -- Kent Zimmermann, consultant at the Zeughauser Group, talks with Lee Pacchia about how current market forces are creating substantial differences in compensation between equity and non-equity partners at large law firms. Kent also comments on the potential for a blockbuster merger within BigLaw before the end of the year.more

Senior Privilege: How Some Law Firms Stifle Rainmaker Development

Apr. 22 (Mimesis Law) -- Tim Corcoran, consultant to law firms and president of the Legal Marketing Association, talks with Lee Pacchia about some of the obstacles law firms face in cultivating new rainmakers. According to Corcoran, senior partners at some large law firms are reluctant to give their more junior colleagues the tools and incentives to build meaningful books of business. Corcoran notes that the partnership model of law firms makes removing these cultural barriers particularly difficult. "It's a ridiculous model for people an equal vote on how an operation should run is just silly," he says.more

Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms

Mar. 19, 2014 (Mimesis Law) -- Mike McDevitt, CEO for Tandem Legal Group, is not a lawyer, but thanks to an obscure rule in Washington, D.C.'s code of ethics for lawyers he is able to have an ownership interest in the law firm he runs. But that doesn't mean he's advising clients on legal matters. "My level of knowledge on law is not that high, so I'm not going to get involved in legal decisions for our organization," he tells Lee Pacchia. "My job as CEO is to help our organization run an efficient and effective firm." McDevitt also talks about Tandem's willingness to take equity stakes in its clients as payment for services. "You'd be amazed at what that little small percentage of holdings does for an attorney as he's sitting at his desk there wondering [if he] should he bill that extra quarter hour."more

What you need to know about Canada's new Anti-Spam Law (CASL)

Bennett Jones launches Canadian Anti-Spam Information Site TORONTO, January 22, 2014 – In response to the long-awaited regulations pertaining to the Canadian government's anti-spam legislation, Bill C-28, Bennett Jones LLP has created a one-of-a-kind informational site designed to help businesses and individuals plan a comprehensive compliance strategy. According to the Government of Canada website the intent of the new law is to deter the most damaging and deceptive forms of spam from occurring in Canada. Covering far more than unsolicited emails, the legislation, which will come into effect on July 1, 2014, also goes after all forms of spyware, malware and phishing. The Bennett Jones Anti-Spam Learning Centre opens with a "what you need to know" infographic primer video that covers everything from simple definitions, to what is covered under the Act, to some tips that may help ensure compliance. This user-friendly site informs the viewer of the need to act while taking away the mystery surrounding this piece of legislation. The Anti-spam Basics section gives the user background information to orient them before they move to the more in-depth sections covering what a business needs to do to prepare. "This was the obvious response to the question of how best to help our clients conform to this new law", says Martin Kratz, a Partner and Head of the Bennett Jones Intellectual Property practice group. "With maximum penalties in the millions it is not something to be taken lightly," he adds. With so many grey areas and vague implications within the legislation, this new site hopes to bring clarity to what can seem a daunting task. The word "consent" and what that entails will pique most viewers' interest. On a number of occasions the site reminds users that consent can be "expressly given or implied". It is the latter form of consent that may have businesses resting a little easier. "If a customer has already requested to be on a mailing list, a business may potentially infer consent moving forward", said Lisa Abe-Oldenburg, a Partner with Bennett Jones' Information Technology practice group. "The grey areas still remain as to what will constitute a commercial electronic message and how broad is the definition for implied consent." Considered the harshest legislation of its type within the G-8, it is still to be discovered to what extent the government will prosecute offenders. The intent of the law is to protect businesses, so it will be interesting to see if the government prosecutes to the letter of the law or its stated intent. Please visit our Anti-Spam Learning Centre at for more information. About Bennett Jones Bennett Jones is one of Canada's premier business law firms and home to more than 380 lawyers and business advisors across eight offices. With exceptional experience in complex cross-border and international transactions, Bennett Jones is well equipped to advise foreign businesses and investors with Canadian ventures, and to connect Canadian businesses and investors with opportunities around the world. more

How to Build the Visual Foundation of Your Case

We all know by now that we live in a world in which information is delivered visually, and that people learn best when they have visual aids. Attorneys who head to court with demonstratives to show as well as tell their case are at a distinct advantage over attorneys who lack graphics that make their oral and written presentation more understandable and engaging. The question for trial attorneys is, how best can you create visuals for a powerful case presentation—especially if your time and budget are limited? Last week, I answered that question and showed a three-step plan for creating simple yet effective graphics at a presentation for the Melvin Belli seminar on trial practices, hosted by the Santa Clara County Trial Lawyers Association. This blog post will summarize some of my key points and show a few images as examples. This presentation focused on PI cases, since most of the attorneys in attendance specialized in personal injury, but the steps below can apply to almost any type of case. The expression of legal issues in a visual manner is open to endless creative possibilities, with the primary goal being to impart information and enhance understanding. Let’s take a look at ways you can make some basic graphics for a typical case involving an incident with injury. My plan involves (1) what to do before depositions, (2) what to do before mediation, and (3) what to do before trial. Each step builds on the prior work done and results in powerful, admissible demonstratives for trial.more

The Proactive Approach to Client Service – Interview with R. Robert Popeo, Chairman, Mintz Levin

Attorney R. Robert Popeo, Chairman of Mintz Levin, talks about the importance of serving clients proactively, not reactively.more

What is a domain name? Is it the same as a company name?

Maria Crimi Speth, an Intellectual Property and Internet Law attorney at Phoenix Arizona business law firm Jaburg & Wilk, P.C. discusses domain names. She describes what a domain name is and talks about how it relates to company names. She also talks about the changes that are happening with domain names and explains where you can find the domain name list and how you can protect your brand. more

When Lawyers' Work Product Goes Viral

Thanks to websites like Reddit and Buzzfeed, legal writings are increasingly going viral. So when lawyers write a demand letter or legal brief, they must consider not only how the recipient will perceive the document, but also how the public may respond if it ends up online. Most recently, a New Jersey lawyer made headlines for his response to a cease and desist letter sent to his client. The initial demand letter concerns a website operated by Jake Freivald. According to a lawyer representing the New Jersey township of West Orange, Freivald's website,, is "is unauthorized and is likely to cause confusion." The lawyer demands that Freivald cease using the domain name and "anything else confusingly similar thereto." Freivald's attorney suggests in his response, heralded by Buzzfeed as the "best response to a cease and desist letter ever," that the letter must have been sent in jest. He also writes: "Not that we didn't get the joke ... but since Mr. Freivald has not previously encountered a humorous lawyer, he actually thought your letter may have been a serious effort by the Township to protect its legitimate interests. Rest assured, I've at least convinced him that it was certainly not some impulsive, ham-fisted attempt to bully a local resident solely because of his well-known political views. After all, as lawyers you and I both know that would be flagrantly unconstitutional and would also, in the words of my 4-year-old son, make you a big meanie." more

Kanzlei Life! No 4 Das Juristenmagazin für Rechtsanwälte und Notare in Deutschland, Ausgabe 02/2013

Kanzlei Life - Das Magazin für Anwälte & Notare in Deutschland, Ausgabe 02/2013 News, Facts, und Kanzleimarketing für & aus dem lebendigen Kanzleialltag in Deutschland Sehr geehrte Leserin, sehr geehrter Leser, kanzleiLife entwickelt sich permanent weiter – nicht zuletzt durch vielfältige Wünsche und Anregungen, die wir aus unserem Leserkreis erhalten. Die Rubrizierung hat sich weiter gefestigt, so dass wir wiederkehrend zu bestimmten Themen Stellung beziehen werden. In dieser Ausgabe sind einige auch pekuniär wichtige Gesetzesnovellen Titelthemen. Es geht um die seit Jahresbeginn aktuellen Änderungen im Zwangsvollstreckungsrecht sowie um die vor der Tür stehenden Kostenrechtsnovellen in RVG und GNotKG (als Nachfolger der KostO). Wie wir aus persönlichen Gesprächen mit einigen Kanzleien wissen, gibt es hier massiven Schulungsbedarf – neben den verpflichtenden Änderungen in Ihrer Kanzleisoftware. Dem Thema modernes Lernen haben wir daher auch einen eigenen Platz eingeräumt. IT und Technik haben eine nach wie vor steigende Bedeutung im Rechtsverkehr. Wir haben von der Notwendigkeit einer gewarteten Software bis zu moderner, skalierbarer Hardware einen weiten Bogen gespannt. Ab sofort finden Stellenanzeigen und Kanzleinachfolgegesuche einen eigenen Platz im Heft. Schauen Sie doch mal rein. Sie suchen selbst neue Mitarbeiter? Dann adressieren Sie über kanzleiLife genau die richtige Zielgruppe. Mit freundlichem Gruß Marco Buhleier INHALT: Titelthema : Gesetze im Wandel Fit für das neue RVG Zwangsvollstreckungsrecht renoviert IT/Technik Kanzleisoftware intensiver nutzen - Ertrag steigern Signaturkarten - Elektronischer Rechtsverkehr wird Pflicht Sicherheitsrisiko Mensch Nicht blöd - BladeServer sind die Besten Alles aus einer Hand für hohe Systemverfügbarkeit Anwenderbericht Supercheck - Wer wohnt wo? Kanzleipraxis Stellenmarkt & Nachfolgemarkt Kurioses aus anderen Ländern Oldtimer als Firmenwagen „Ergebnisse“ der Umfrage - Teil 1 Lifestyle Kaffeemaschinenvergleich Der etwas andere Sommerurlaub Quarterly Product : Grillen wie die Weltmeister Coaching Bericht vom Referendartag in Wiesbaden Lebenslanges Lernen leicht gemacht MEHR INFORMATIONEN UNTER und IM KATALOG DER DEUTSCHEN NATIONALBIBLIOTHEK UNTER :

MacEwen: Weil Gotshal Layoffs Start of Wave

June 27 (Bloomberg Law) -- Weil, Gotshal & Manges' announcement this week it is firing 60 associates and 110 support staffers, and cutting the pay of about 30 partners, is the start of a wave of such downsizings, according to law firm consultant Bruce MacEwen, publisher of the blog Adam Smith, Esq. The cuts put Weil in a stronger position, he says, but that's not always the case. He discusses how to tell if a firm is making cuts from a position of strength, or from a position of weakness.more

Lawyers Poaching Clients Could Face Suit in NJ

In a tough economy, businesses often go to great lengths to generate new business. However, for New Jersey lawyers, client poaching could land you in hot water. Poaching Clients Could Face Suit in NJ The New Jersey Supreme Court recently ruled that New Jersey lawyers could pursue tortious interference claims against their peers in some rare situations. The case, Nostrame v. Santiago, A-40-11, clarifies that plaintiffs in these cases must allege specific wrongful conduct, including misrepresentations, fraud or ethical violations, in order to sustain a suit. In Nostrame v. Santiago, Frank J. Nostrame, Esq. was retained to pursue a medical malpractice claim. After filing the complaint, Nostrame received a letter from the client discharging him as her counsel and instructing him to turn over her file to Mazie Slater Katz & Freeman, LLC (Mazie Slater). After the case was ultimately settled for $1.2 million, Nostrame filed a lawsuit for a part of the legal fee claiming that Mazie Slater had tortiously interfered with his contract with the client by inducing her to discharge him.more

Survey: Firms With Blogs Grow Revenue Faster

June 6 (Bloomberg) -- Kevin O'Keefe, founder of the social media company LexBlog, talks with Sarah Kopit about who's blogging in the AmLaw 200 law firms and how those firms are turning blogs into revenue. Source: Bloombergmore

How To Unseat The Competition

Here is something they never taught you in law school: No one changes lawyers unless they first question the value they get from their current lawyer. Shaking a client loose from the comfort of an existing relationship requires that client to see a higher reward in quality or value or see some degree of risk in remaining with their current provider. Barring that, clients are unlikely to switch. Diagnostic questioning is a process which will reveal the lapses or under performance of any service provider. It requires a subtle yet disciplined line of questioning which helps clients reveal unmet needs and unrealized issues. By engineering a diagnostic conversation in such a way as to illuminate the variety of areas that can cause friction or discomfort in a client relationship, you will more likely cast doubt on the current provider's service delivery and sow the seeds of discontent. And, of course, this is the ideal position from which to offer an alternative solution. more

Revenue Limiting Marketing Fallacies

Every attorney wants more of the right kind of business, yet I regularly encounter smart professionals who operate under revenue-limiting marketing fallacies that hamper their business development efforts. Very often, lawyers adhere to longstanding — yet erroneous — myths, handed down by successful people who have served as role models for generations of attorneys. Because these myths emanate from such respected sources and were at one time accurate, or at least contained a facet of truth, they are difficult to reject. more

Deloitte: Turnarounds and Democracy Don't Mix

April 26 (Bloomberg Law) -- William Snyder, co-head of the corporate restructuring group at Deloitte, talks with Bloomberg Law's Lee Pacchia about a new survey his group conducted on executive management during corporate turnarounds or bankruptcies. Deloitte asked 1200 professionals from a wide range of industries on the dynamics of addressing change in turnaround management. The vast majority of respondents stressed the importance of communicating with vendors, lenders and employees when a company experiences difficulties. Snyder agrees with the results, reasoning that communication in a crisis is a fundamental part of working to a solution. "It's the red thread that goes throughout the entire restructuring," he says. Still, Snyder notes that executing a communications strategy is quite complicated. "Many times a management team needs a co-pilot to help them through an area they've never navigated," he says. In particular, Snyder often sees a reluctance among corporate executives to speak before they craft a solution to the problem. "Many times it is best to have a solution to the problem before you announce it", he says. The survey also asked what type of leadership approach executives should adopt in a crisis. While many of the survey's respondents aspired to consensus building and democratic decision-making, Snyder points out that turnaround scenarios actually need the opposite. "Authoritative is the way to go. Somebody needs to step up and make a decision because the company is paralyzed," he says.more

Zimmermann: Up to 20% of AmLaw 200 "Badly Weakened"

April 25 (Bloomberg Law) -- A substantial percentage of the nation's largest law firms enter the sixth year of the Great Recession "badly weakened," and more firms are expected to fail, according to law firm consultant Kent Zimmermann of the Zeughauser Group. Their problems boil down to "too many attorneys for too little work," he tells Bloomberg Law's Lee Pacchia. Zimmermann says firms should be concerned when average billable hours fall below 1,600 for two consecutive years and when realization rates -- the percent of bills the firm collects -- fall below 90 percent.more

Survey: Law Firms Must Change, But Don't Know How

April 11 (Bloomberg Law) -- A survey of the readers of the Adam Smith, Esq. law firm management blog has found that there is widespread agreement that law firms have to change their fundamental business models, consultant Bruce MacEwen tells Bloomberg Law's Lee Pacchia. But lawyers have real doubts that law firms will be willing to invest the money necessary to compete with legal process outsourcers, or even know how to compete in a changing legal profession, he says.more

Kanzlei Life! No 3 Das Juristenmagazin für Rechtsanwälte und Notare in Deutschland, Ausgabe 01/2013

Kanzlei Life - Das Magazin für Anwälte & Notare in Deutschland, Ausgabe 01/2013 News, Facts, und Kanzleimarketing für & aus dem lebendigen Kanzleialltag in Deutschland Sehr geehrte Leserin, sehr geehrter Leser, wie Sie sehen, etabliert sich kanzleiLife mehr und mehr. Wir haben eine Rubrizierung vorgesehen, die wir versuchen, stets mit neuen Inhalten zu füllen. Neben dem Titelthema – in diesem Heft: die erste intelligente Kanzleisoftware – gehören dazu beispielsweise Kanzleimarketing, IT/Technik, Kanzleipraxis, Coaching-Themen, Lifestyle und interessante Produkte des Quartals. Wichtig und daher immer wieder im Heft sind die Themen Ausfallsicherheit, Datensicherheit und aktuelle Reports. Zu dieser Ausgabe gehört daher auch ein Beitrag über die neuen Möglichkeiten der Online-Datensicherung sowie ein weiterer über das Thema proaktive Hardwareüberwachung und -wartung, um Katastrophen und Reparaturen zu vermeiden. Sehr wichtig ist uns noch der Hinweis auf unsere Marktforschung mittels Online- Umfrage (s. Seite 26). Bitte machen Sie mit, damit wir Ihnen regelmäßig neue Erkenntnisse aus der Praxis und Empfehlungen für die Praxis präsentieren können. Und seien Sie versichert, dass wir keine kanzleiindividuellen Daten erfragen, sondern nur Infos über Arbeitsprozesse, Marketingmaßnahmen oder technische Grundausstattung, um nur einige zu nennen. Ihre Teilnahme wird außerdem belohnt… Mit freundlichem Gruß Marco Buhleier Inhalt Schicke Kraftprotzze Datensicherung Kanzlei-Software muss mehr können Kanzleimarketing in der Praxis Hardware-Landschaft absichern Kanzleisoftware für den Apple Macintosh Kanzleien stellen sich vor Erfolgreich vor Gericht punkten We want you! Kuriose Rechtsfälle Kanzlei Identität - CI für Rechtsanwälte Dokumentenmanagement-System Digitales Diktat in der Praxis Trekking Schicke mechanische Uhren Das neue Apple iPad mini MEHR INFORMATIONEN UNTER und IM KATALOG DER DEUTSCHEN NATIONALBIBLIOTHEK UNTER :

Retirement Plan Sponsors Have More to Fear Than Fear Itself

In his inaugural address in 1933 amidst the Depression, Franklin Delano Roosevelt said that the only thing we had to fear was “fear itself”. 1933 predates ERISA by 40+ years, so FDR clearly didn’t understand the dilemmas of being a retirement plan sponsor. Even today, too many plan providers and too many professionals who have no background in retirement plans calmly tell retirement plan sponsors that the issues regarding fiduciary liability are overblown because they rarely affect retirement plans of similar size. While Chicken Little isn’t telling plan sponsors that the sky is falling, there are enough issues out there that retirement plan sponsors can clearly avoid by reviewing their plans and hiring retirement plan providers that take great care of them. This article is about the actual fears that retirement plan sponsors should anticipate and how good practices can help minimize the threat of those fears.more

Do Expert Witness Fees Impact Access? High Court Considers

We all know the cost of retaining an expert can be pricey. But does the price tag affect vindication of individual rights under a federal statue and impact court access? Should the cost of expert witness fees play a role in determining whether class action waivers contained in arbitration agreements are enforceable? A hotly-debated topic, complete with this expert question – which may be the proverbial elephant in the highest courtroom in the land – has come to a head in the case of American Express Company v. Italian Colors Restaurant. more

Consumer Law Revolution: The Lawyer's Guide to Working with Online Marketing Tools (Branded Networks)

This ebook will serve as a practical how-to manual with best practices for lawyers wishing to collaborate with branded networks to market their law practice, deliver legal services to clients online, and for lawyer brand building and client development. Introduction There is a revolution occurring in the delivery of legal services in the United States. Consumers in need of personal and business legal services are turning to the Internet to seek legal assistance. This should not come as a surprise. The public is going online for almost every other consumer need in their personal and professional lives. Instead of marketing legal services to the public, lawyers need to understand how to create a better marketplace for legal services. Companies focused on the legal industry have identified this enormous unmet market need and are making strides to brand their reputations online as affordable and accessible solutions. These companies are developing technology platforms to deliver services directly to the public. They are also inviting lawyers to team up with them to deliver legal services online. Speeding up consumer law revolution, the number of legal technology startups has grown rapidly. They are obtaining funding from major venture capitalists, gaining support of academic institutions and startup incubators, and entering into relationships with companies outside of the legal profession that have more experience in ecommerce. These startups are also testing the waters of lawyer regulation and ethics to find models of monetization that will sustain their growth. More importantly, these companies are actively building their lawyer networks. They need licensed lawyers who recognize the change in the legal marketplace to join with them to serve the consumers seeking online legal services. The legal profession must learn to collaborate with nonlawyer legal service companies in order to meet the public’s need for affordable and accessible online legal services. Rather than attempt to compete with the online “branded networks” with million-dollar marketing budgets, innovative lawyers will understand how the consumer law revolution impacts the legal marketplace, their private practices, and their clients, and will learn to collaborate with these companies and their branded networks. As a form of lawyer advertising and client development, the use of online marketing tools has great potential to increase access to justice in our country for certain legal needs, as well as become a resource for additional client development and revenue for many lawyers. The purpose of this ebook is to introduce the different and evolving models of branded legal services networks and to review the different forms of online marketing tools they provide. Included in the full book is a background on online lawyer advertising with a discussion about the underlying assumptions behind our existing restrictions on methods of advertising legal services. The full book also goes into the many ethical issues that may arise from the use of online marketing tools without the lawyer’s attention to best practices.more

"Suicide Prices" & the Coming Crisis at Big Law Firms

Oct. 12 (Bloomberg Law) -- An increasing number of major law firms are quoting "suicide prices" just to get business that will keep their lawyers occupied, even though the firms can't make money on the work, according to law firm consultant Bruce MacEwen. Those firms may be training clients, like department stores have done with their customers, only to buy when prices are discounted, which could lead to more major firms going out of business, says MacEwen, who writes at Adam Smith, Esq. ( There are simply too many partners and associates at many firms. Adding to the firms' economic challenges, the revenues of legal process outsourcers (LPOs) are expected to grow 85 percent in the next few years. The result is more attorney layoffs are likely ahead, he says. Big firms have "avoided the really difficult, awkward conversations" about trimming partner ranks. But "that day is coming, because that's where the money is," he says. "Most partners actually don't understand the firm's business. It's not their job. They want to serve their clients. That's why they made partner. But it presents a tremendous challenge to managing partners" in a time of economic challenges, MacEwen says. Twenty-five years ago, average partner pay at the AmLaw 100 law firms was 11 times higher than that of the average American worker. Today it is 23 times higher. "You cannot grow that tree to the sky forever," says MacEwen. "Some firms get it completely; other firms just are hoping they can hold their breath and it will be 2006 again." MacEwen talks with Bloomberg Law's Lee Pacchia.more

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