Law And More

Daniel Muessig: Out-of-box Advertising Came from Hip-Hop Culture

The legal sector is reluctant to market in out-of-the-box ways.  

So, when a member does, the odds are that the outreach can generate over-the-top results.  Pennsylvania criminal defense lawyer Daniel Muessig is a recent example of that.  

Muessig's background in hip-hop conditioned this to make one of the most candid and in-your-face promotional videos. Ever.  Here you can view it and read Amanda Hess' interview with Muessig in Slate.  When you do, you will understand why it has gone viral, got the phone ringing non-stop and attracted media attention. 

Candor, because it is so rare, is a very disarming entity.  It breaks through people's protective layers. They are ready to trust. That's the first step in the process for buying a service like legal representation.

In the video, Muessig has street types emerging from the courthouse in a happy mood.  Their body language blares: We won our case.  Then the audio portion says, "Thanks, Dan."  Dan can thank himself for having the smarts and courage to do this commercial.  The American Bar Association should invite him to deliver a keynote speech on marketing and sales. 

Thank you to Charlotte Toal of central Pennsylvania for flagging me on Facebook about this news.  Toal and I were roomies in college.  She became an artist who married a lawyer.  The good news is that their daughter Julia also became an artist, not a lawyer.  I became a writer whose fantasy of becoming a lawyer landed her a 1L at Harvard Law.  She fled with the first lucrative offer to ghostwrite a book and return full time to communications.  

Pope Francis, Turnaround Expert: What Patton Boggs can learn from him

The timing couldn't be better for the turnaround of what was once the most powerful and enduring global brand: Roman Catholicism.  On this holy day Ash Wednesday, Pope Francis is having his rock star status confirmed with the launch of a new magazine Il Mio Papa (My Pope).  It is published by Mondadori.  

If anyone could turn around the scandal-plagued Roman Catholic Church Francis could.  His memes of compassionate change, tolerance and income equality resonate around the world. Here is coverage in The Wall Street Journal.

Meanwhile, the timing for a turnaround couldn't be worse for one-time lobbying and law powerhouse Patton Boggs. Over the past few years, it has cut 100 lawyers, shuttered its Newark, New Jersey office, made an abortive outreach to a possible merger partner, outsourced the job of trying to turn itself around (Zolfo Cooper).  

The situation has worsened with the development that it is now associated, both in the courts of public opinion and law, with fraud in the long-playing environmental lawsuit against Chevron.  Here are the grim details from the National Law Journal.  The bottom line on this is bad publicity and a lawsuit against it by Chevron.  Its early merger talks with Squire Sanders could represent another abortive initiative. 

However, Patton Boggs can analyze and leverage the strategy and tactics of Francis.  These make the top of the list:

Admit mistakes have been made.  Those hurt people.  In the situation of Patton Boggs, those threatened the reputation and jobs of lawyers and staff in a downsized market.

Be kind.  That boils down to, as Charles Dickens hammered during the worst of economic times, be of human kind.  Feel for others. Try to help others.  No matter how awful things got for the good guys and girls in Dickens' novels, they never lost their humanity.  Patton Boggs has to remove any garlic from its soul.

Have a plan that makes sense.  During his one year in leadership, Francis has shared his plan for change with the world.  It makes sense. We are listening. We are willing to give Catholicism another chance.  It could make competitors like Buddhism minor players in the spiritual space.

Sacrifice.  Francis drives around a Ford.  He is taking a page from the playbook of other turnaround success stories like Chrysler's during the early 1980s.  There was plenty of sacrifice, including frayed rugs in the executive suite. 

Be sunny.  Like the greats in politics, ranging from Winston Churchill to Ronald Reagan, Francis is optimistic.  He sees the glass as half full.  Patton Boggs has to find some good news.  

Like the Roman Catholic Church, Patton Boggs can have a roaring comeback. Adversity is the platform for unexpected success.

Getting Work: New Law of Attraction in Legal Sector

Only underemployed/unemployed academics are more resistant to marketplace realities than displaced lawyers.  This weekend I sat down with a few starving former lawyers as a favor to a client who wanted to help them get unstuck. To my surprise, they showed up.  But in mindset and emotion they were insulated behind a drawbrige and moat. 

Soon enough I got into the castle of past glory and their "yes, buts."  The battering ram was the economic truth that their debts were increasing, not going down during this recovery.  

Once in, I told it to them straight, "In the current marketplace, with few exceptions, you no longer have a margin for error." That meant, I explained, you had to tap into the New Law of Attraction for getting work, of any kind.  The any kind can include being part of the security patrol in a senior citizen complex.

Law of Attraction, 2014      

Dump the lawyer persona, even if applying for a legal job.  Everyone hates lawyers, including many lawyers.

Frame every search, from what you're going after to the markting materials such as resume and cover letter to interview, as a learning experience.  Very few things come through. But you can always learn from your tries.

Be opportunitistic.  The interview is going south.  Smoothly insert that if not chosen for full time position you are available for part time and contract slots.  Success is frequently a build.

Increase Emotional Intellignce (EI).  While few of you may train yourself to be a BIll Clinton, you can get better at bonding through giving others what they need and want.  Make the world your MA program in EI.  Observe the winners. Graft on what will fit your personality and stage in your career. 

Do Favors.  You know the head honcho who farms out contract assignment has a son with math challenges.  Offer to tutor pro bono.  Or, she has an emergency so you offer to work straight through until the all-clear whistle is blown.

Develop an edge. You need that even if you're already in a niche market.  Make that edge explicit in marketing materials, interviews and buzz.

Avoid making enemies.  That was fun in more affluent times.  Now that fun is done.

After our marathon session on the Law of Attraction, the lawyers may or may not have returned to their castle, filling up the moat with reality-eaters and drawing up the drawbridge.  If they did, they may just need a few more years to suffer. After all, that might be all many lawyers know.

 

Food Labeling & Lawyers: Don't let parents serve real (sugar-heavy) cake at birthday parties

You bet, folks are focused on food labels.  Those range from the aging such as myself who have been told we've forked our way to a Death March to parents who have obese children and actually risk losing custody.  The food fight is on.  The labeling part could mean tremendous new business for both plaintiff and defense lawyers. Let the good times roll.

Consumers are demanding more information.  If there was a lack of accurate information in the past, you bet, they can sue.  So far the class action ones haven't panned out in trials but there have been settlements. Good work if you can get it.  Meanwhile, defense lawyers are educating food and beverage companies how to both comply and be proactive. Sugar has become public-enemy number-one.  Could parents hosting children's birthday parties with real cake made with real sugar be sued for being a public nuisance.  Will Jones Day's Mickey Pohl ride in to defend them, just as he did in the lead paint state class action public nuisance suits? 

Here is coverage from The Wall Street Journal on labeling (sub. req.)

Blogging v. Taking Care of Business

Lawyers may be laggards in tech in general.  But most have caught on to the utility of blogging in attracting new business, branding and networking.  However, the readers of their blogs might have noticed that sometimes the quality and quantity of the posts fall off a cliff.  I know why.

Blogging is a tool. Often it works all too well in attracting clients.  That means there is no time available for doing a bang-up job posting blog content.  Of course, revenue or the bird in the hand wins out over the uncertain gains from blogging.

For that very reason lawyers experiencing success are farming out their blogs to be done by content-providers savvy about the medium.  Time will tell if that's a smart way to go.  After all, a blog mirrors the unique professional who's sharing opinions, information and insight.  Since producing them doesn't pay as well as ghostwriting bylined articles which will be published in established media like The Wall Street Journal, lawyers aren't going to get and keep top talent. 

Takeaway: Think long and hard before farming out your blog.

 

Laid Off: Buddy, we're on our own

Face it, when we're cut from the team, most people want us to just go away.  Even neighbors might try to duck us.

Our presence reminds them how fragile professional relationships are.  Historically, though, the organization which cut us loose would provide some kind of transitional support.  That ranged from a lucrative package of severance pay and benefits to outplacement services.  The latter provided sophisticated guidance on how to land our next job.

Now, as The Wall Street Journal explains, organizations are assuming less responsibility for how we recycle ourselves.  For instance, the terms and conditions of outplacement services are less generous. Also, the guidance provided might be mundane, that is, not truly insightful on how to secure professional opportunities after a setback.  Here is the article.

The reality is that the unemployed and the underemployed are on their own.  It's up to them to figure out how to get enough work to pay the bills and then how to re-build a career path.  That's the universal situation.  Lack of success is the new Black Plague and, you bet, folks are self-protective.  They aren't knocking on our door with offers to help, including introducing us to their contacts.

After we bite the bullet on this new reality, though, we take that leap into becoming cagey.  We are better at spotting opportunity and doing what it takes to gain access to it.  Also, our little universe becomes binary: Either there's money to be made or there is not money to be made.  If the latter, we shrug and move on.

During the 21st century, which is only 14 years old, my business tanked twice.  The first time I did get some support, emotional and concrete. The second time all I got was the message: Buddy, you're on your own.  Yes, times mirror those of Charles Dickens.  Either we are going to adjust to a new era or we will drift into poverty.  It's that brutal.  

Unfinished Business: CA ruling could discourage lawyer job-hopping

A blast of cold air might be blowing through legal-sector head-hunting firms.  Some make their living from recruiting, screening and then placing seasoned lawyers in positions at other law firms.  

A ruling by California Judge Dennis Montali in the Howrey bankruptcy could deep-six job-hopping, even for stars.  Judge Montali states, reports Jennifer Smith in The Wall Street Journal, "there is no reason to limit the definition of unfinished business to matters pending as of dissolution." That means that lawyers who left the firm before it folded and took clients with them have to kick back the profits to the bankruptcy trustee.  Here is that coverage in WSJ (sub. req.)

The implications are huge.  Depending on the state's partnership rules, lawyers exiting even a solvent firm for another firm may find it is unprofitable to take their book of business with them.  Their current employer could demand the profits. Currently when that happens those who flew the coop are hiring lawyers from firms like Jones Day to argue that the financial profits from client work after their departure belong to them.  

The unintentional side effect of this could be increased tension among partners at law firms, hurting the business.  Those who find themselves tethered to the current firm could stir up plenty of mischief, as only lawyers know so well how to do. 

Era of the Antihero & Lawyer Branding: Would you want Atticus Finch or a known shark as your lawyer?

In "To Kill a Mockingbird," that town lawyer of great integrity Atticus Finch lost his case.  Some opine he could have won it had he stepped over being a fine human being to lawyer shark space.  

Today, as new business development becomes a zero-sum game, lawyers in firms of all sizes should get shrewd about their branding.  There may be little payoff in being known as a lawyer with character.  Prospects might prefer a lawyer with a track record for winning verdicts and high settlements for his clients.  That could be the situation even if the lawyer uses controversial methods. 

What is reinforcing shark lawyer branding is the current fascination with the antihero.  The most compelling television charcters range from sociopath Tony Soprano to totally self-absorbed, self-hating Don Draper. In real life we can't get enough information on how Bernie Madoff is putting together a new life as a prisoner.  In many circles, Edward Snowden the antihero is a hero. 

Reputation management is a complex game.  Currently, it's not for those with Boy Scout or Girl Scout mindsets. Could it hurt a lawyer's new business development to put the term "integrity" on the firm's website?  

 

Eric Barron Appointed Penn State President: University attempts to move on from child-sex scandal

In spring, Eric Barron takes over the job of president of Penn State.  Currently he is president of Florida State University but he had previously been a faculty member at Penn State.  So, yes, he knows the university.

It will be Barron's mission to bring the institution beyond the child-sex scandal.  In addition, he will have to unite the factions who were pro and con about cutting loose legendary football coach Joe Paterno.  Here is The Wall Street Journal's account of this appointment. 

The spotlight will be on him as to how quickly and how solidly he can restore the Penn State brand to its elite status.  Not only was it a leader in football.  It was also known for its excellence in academics.  If he succeeds, case studies will be published everywhere from the Harvard Business Review to Odwyerpr.com. If he is moving too slowly, the university might decide to buy out his five-year contract and go with a leader more adept at branding.

Meanwhile the president who had served during Jerry Sandusky's abuses of children Graham Spanier has pleaded not guilty to perjury and other counts.  Prosecutors claim he lied to a grand jury.  He had been replaced in 2011 by Rodney Erickson who will retire in the spring.

Dumb Starbucks: Power of a gimmick and it's time law firms experimented

The legal sector tends to shun the use of gimmicks in marketing communications.  After the success of the "Dumb Starbucks" gimmick, law firms may re-think that conservative stance.  

In Los Angeles, Nathan Fiedler put up a pop-up coffee shop named "Dumb Starbucks" which distributed free simulations of what is on the real Starbucks menu.  It was to promote his Comedy Central reality-TV show "Nathan for You," which provides funny advice to small business folks. Execution is everything and Fielder didn't miss a trick.  That in itself escalated the already huge media coverage.

For example, he was prepared for Starbucks to contend that the pop-up could not use its trademark.  Fieldler had FAQ which argued that Dumb Starbucks was a work of parody art.  Wisely, explains Lisa Shuchman at Corporate Counsel, Starbucks did not push the issue. It would have been perceived as everything negative ranging from Goliath overwhelming David to a corporation without a sense of humor.  Also, it would have had a tough time going further as in claiming there was dilution of its brand.  Here is that article by Shuchman.

So, what kind of gimmicks could law firms experiment with?

They could sponsor a mock trial of a hacker. Constituencies, ranging from corporations and government officials to think tanks and privacy activists would be all eyes and ears.  Likely, some broadcast media property would donate time to air it live.  

Another is to have a contest for the most insightful lyrics and music about the importance of intellectual property. 

A third would be to lend out its top marketer for six months to help solos.  Each one who hung out a shingle would get one day of analysis and recommendations.  Now and then the process would be live-blogged, tweeted and put on YouTube.  Yearly the alumni would come together, report where they are and provide self-mentoring.  That too would be digitally recorded.

Okay, now law firms, their in-house marketers and outside public relations agencies have the hang of it.  In the late 1970, "What Color Is Your Parachute?" observed that the person who gets the job is the one best at applying for the job.  That person may or may not be the most qualified.  The law firm which markets the best could wind up with the most quality business.  It may or may not have the best track record on behalf of clients.  Yet, it will be the first choice.