Law And More

Pile-on for MyPillow's Mike Lindell - Twitter Joins in

It is well known that major retailers ranging from Macy's to Kohl's have stopped selling MyPillow.

Dominican Voting Systems might sue MyPillow's founder Mike Lindell.

Mike Lindell felt it necessary to hire media powerhouse lawyer Charles Harder to get an alleged romance story straight with Daily Mail.

Now, the AP tells us that Twitter has permanently banned Lindell. That is for repeated violations of its civic integrity policies. Since the attack on the Capitol, Twitter has suspended about 70,000 accounts. 

However, Lindell doesn't seem to be stepping back from his contentions that the 2020 presidential election was fraudulent. In fact, he seems to perceive himself operating from a position of strength. As the Star Tribune reports, Lindell is open to speculation that he could take on current Minnesota Governor Tim Walz in 2022. 

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Puzzling - Respected Aon In-house Counsel/Former Jones Day Partner Mark Herrmann Uses Phrase "That Lunatic Joe Biden"

"With Trump out of office, Congress can pass a few laws purportedly to rein in that lunatic Joe Biden." - Mark Herrmann, "Predictions for 2021," Abovethelaw.com, January 4, 2021. 

We all have our political opinions. But, if we are professionals (as opposed to paid journalists) we usually keep them private. That's self-protective. 

So, it was puzzling to read in Abovethelaw yesterday that its weekly columnist Mark Herrmann explicitly referred to president-elect Joe Biden as "that lunatic Joe Biden." This is a prominent lawyer making that public statement. I assess it as irrelevant that he approaches his column as a what could be called "private citizen." After all, Herrmann is actually a working stiff, like many of the rest of the world. Indirectly, like all employees, he does represent his employer.

Currently, Herrmann is employed as in-house counsel at Aon. Previously, he had been a partner at elite law firm Jones Day. His book "The Curmudgeon's Guide to Practicing Law" remains a best-seller on Amazon (rank of 106,485).

Clearly, this is a player who has a vested interest in protecting his brand. Or, should have. Referring to a president-elect, especially at a time when there is a struggle to unify the nation, seems beyond risk-taking. It's downright reckless.

The full-time journalists on Abovethelaw such as Joe Patrice have the "license" to shoot from the hip - or, more accurately, the lip. Those who are employed in other professional fields should know not to cross the line from thought leader to something quite different. Words do do damage. 

Even though I am self-employed, I understand how much of a reputational third rail politics can be. 

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Changing Administrations, In-house Budget Cuts - Displaced Older Lawyers Pivot Away from 5 Self-Defeating Defaults

Of course, with the Administrations changing and the budget cuts coming in corporate legal departments, older, well-compensated lawyers could lose their employment. 

Also, age bias in professional life is real.

Primarily because of it, documents builtin.com, by your mid to late 60s, 90% of you will stop working. That's despite the reality that most of you do not have adequate financial resources to see you through your 70s, 80s and beyond without bringing in more income from work. 

But, that's not the whole story.

The other part is how too many of you are shooting yourself in the foot when it comes to searching for work, pushing for a promotion, moving on to better work, starting a business and/or growing a business. 

In my coaching those over-50, I have observed five specific ways in which you are stuck in self-defeating patterns when it comes to work. 

Gluing the aging stigma onto you. You buy in. No need to. You know your value as a member of the labor market. In addition, that mindset hardens into self-hate.

Pivot from apologizing for "being old" to talking the language of results. Explicitly let employers and clients/customers know what you can do for them better, faster and more affordably than your competition. 

Sure, there will be lots of rejection. Just move on. Remember how much rejection there also had been when you were just starting out in the labor market. Also, when you aimed for promotions or to expand your business ventures. 

Feeling compelled to explain (usually with too much detail) how things used to be done. You may be assuming such a description showcases your deep knowledge of the industry. Instead, though, it can brand you as stuck in yesterday. Those in power probably conclude you might not be flexible enough to catapult into all the changes going in that work setting. Embrace as your new mantra: The past likely has become irrelevant. 

Still chasing status. Work has to become a matter of income. Not career paths and especially not prestigious ones. That's not only a situation with the over-50. Increasingly, predicts Wallis Towers Watson, careers are being replaced by what you put together as a portfolio of skills and experiences. The path probably won't be linear.

Members of all generations are finding that, to continue to bring in income, they have to start over, again and again. Their industry might have gone kaput. Their skills are no longer marketable. The region they're living in is losing jobs to other regions. That re-start likely lacks status. It may pay less. But, as the old adage goes: Nothing gets you work like work. Working is more productive than not working. Also, when not working skills atrophy.

Here, a free read, is the bible for the over-50 on landing, holding and moving on to better work Download Outwitting ageism.

Allowing yourself to be overwhelmed by technology. The reality is that you only have to know the technologies associated with your work or those which will soon enough be part of your work. You don't have to know everything. And, your objective in learning is not to become a whizz in tech per se. 

Technology is a tool. It's your responsibility to have all the tools you need or might need in your tool box. No employer or client/customer is requiring you to have the expertise or even the perspective of an insider in the tech industry. 

Never learning the art of self-compassion. The burden of your past setbacks, errors of judgments and actual crashes is what you continue to carry around. You are not alone in looping into the negative, without the ability to understand and forgive yourself. That's exactly why the emerging meme is self-compassion.

Capitalism is a brutal economic system. You can't expect others to nudge you on the path of accepting the past and your own role in what didn't pan or went very wrong.

That's an inside job. How to learn the fundamentals of self-compassion?

There are religions which teach those. Shop around for a religious organization which is a good fit for you. 

Also, meditation can clear the channel in the mind. You can learn that exercise free on the Internet. For example, here is American Buddhist nun Pema Chodron on YouTube guiding you how to calm the turmoil of the mind. In one school of Buddhist thought, the mantra is: Clear thinking, don't know. That helps you from assuming you should have been infallible in your past decisions.

There are free 12-step programs such as Emotions Anonymous.

If you have good medical insurance, your co-pay for psychotherapy can be low. 

Or, you can start your own support group for acquiring the art of self-compassion. You may be surprised that youth will want to join. 

If you can find your way out of these five self-defeating behaviors, aging can be a gift. You can enjoy working without being excessively driven. Also, you have the wisdom to know when to stay and when to leave. That gives you the edge in the entire process of earning income from work - as an employee, gig player or business owner.

You may even become a late bloomer. University of Chicago researcher David W. Galenson documented there is such an entity. The book he published on that phenomenon is "Old Masters and Young Geniuses."

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Amazon Becomes Player in Podcast Space

As predicted in the Pivot podcast by Karen Swisher and Scott Galloway, Amazon has become a player in the growing podcast space.

Initially Amazon entered the category through podcasts on its Amazon Music.

Now, BusinessInsider reports that that Amazon announced it is acquiring podcast startup Wondery which is associated with the popular Dr. Death and The Shrink Next Door. The price has not been disclosed. But Wondery had been asking in the ballpark of $300 million to $400 million.

Apple Podcasts currently dominates podcasting. With its resources, Amazon could take on Apple. 

Here is my article on podcasting in 2021, published on Odwyerpr.com. Legal marketers should consider podcasting for their digital tactics. 

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Lawyers w/o Big Brandname - Probably Too Late to Start Podcasting

That was fast.

It took blogging more than a decade to become a mature medium. The question used to be: How to start a blog? Now, more often it's: Does blogging have enough ROI to be worth what the medium demands?

Currently, after what seems a relatively short time - even in fast time - podcasting has moved beyond what most amateurs can expect as a payoff. The playing field is already dominated by the big names. 

Overall, it's not an over-generalization to say that lawyers w/o major reputations won't move the dial much on getting one through podcasting. The category is under the control of personalities who can bring in the large number of listeners.

Essentially, that is what Karen Swisher and Scott Galloway hammered in their popular podcast "Pivot." New York Magazine published a transcript of the edition about their predictions for 2021.

Spotify, for example, Swisher forecasts will only be interested in names with built-in audiences. Therefore, a twinkle twinkle little star scenario is unlikely. That is, a lawyer launches a podcast hoping for syndication - and fame (along with money). The odds are against that from happening. Is there a chance it will? Of course. Will the power structure in a law firm, clients and prospects demand you start a podcast or up the resources you're using in yours? Sure. But the payoff will be limited.

Not that all is lost in your dreams of reputation enhancement through podcasting. 

What could happen is that a podcast, well-done, can develop a niche following. For example, you the lawyer have created a bit of celebrity through a confidential settlement in an employment-law case. On your podcast, you build on that. Your approach is pragmatic: Don't sue unless ... Your guidance catches fire in some circles. So, yes, podcasting can yield excellent promotional results. But, stardom, as we understand it, probably won't unfold. 

The same thing applies to blogging. Well-done ones focused on a niche in a differentiated way can become a mini publicity machine. The impact can be multiplied exponentially if the link from the blog post is repurposed on Twitter and LinkedIn. Lawyers must not only be on those two social networks. They also must be visible through postings, likes, retweets and comments.

Given that the brandname influencers had taken over the digital promotional tools, it's almost impossible to develop a global presence that way. Instead more effort probably should be placed in the old-line approach to success: the work itself. 

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Non-equity Partners: Learn to Sell (even on your own dime)

The average compensation gap between equity and non-equity partners is large. And so is the level of contentment between the two tiers in law firms.

That's what the new study by Major, Lindsey & Africa found out. And the primary reason, notes the study's head Jeffrey Lowe, is that business development, not hard work, is rewarded, reports Law.com.

For example, the average compensation for equity partners is between $1.24 million and $1.39 million. For non-equity, it's between $388 and $432,000. The satisfaction rates also showcase that fragmentation within the law firm. 

One quick take on this by Major, Lindsey & Africa is that non-equity partners tend to be strivers. Nose to the grindstone. They don't look up to figure out selling possibilities. They probably don't even do that fundamental in sales: Asking for more business from a satisfied client.

Yet, the strategies and tactics of effective selling can be taught. My hunch is that there are no "born salespeople." There are just alert hustlers who made it their business to observe why human beings buy, what form that packaging takes, the timing and the price. 

If the law firm doesn't provide training in marketing and sales, then the non-equity partners have to pony up the funds to enroll in a hands-on seminar on their own. That will break them open to what to them might seem to them to be a secret closed network of business development.

Back at the turn of the century, my industry collapsed. I took the initiative to start over again in my business perspective with an on-your-feet marketing and sales training program. After each class meeting we had to go out there and sell - anything. Even I, an intellectual, caught on. Yes, it was worth the high fee for the seminar.

Since then, in a world of growing uncertainty, I am convinced of one thing: Business is a sales call. It always was. And that will become even more the situation in the hypercompetitive work world as the global economy recovers from COVID-19. 

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Crisis Evolves into Just Another Rite of Passage

Even at age 71, long-time Vogue Editor Anna Wintour showcases her player skills. Recently, reports the New York Post, she had been promoted to Chief Content Officer at Conde Nast. 

Not long before she had been on the wrong side of personal-brand management.

Shade was thrown on her because of accusations of racial bias at Vogue. Smart in crisis communications, she stuck to the fundaments. At the top of the list was to do a mea culpa. In public she confessed her "sins." She implemented fixes. Then she laid low while the heat was on.

Now, she is stronger than ever. 

Most of us don't have the high-profile public crisis situations of a Wintour. But, with the world on edge, it's all too easy to find ourselves also on the wrong side of public relations. That's why it's downright necessary to learn the fundamentals of crisis management before we find ourselves in the soup.

A proven guide, actually guru, on crisis management is kglobal public affairs' partner Gene Grabowski. His experience is in such demand because, as Wintour demonstrates, crisis doesn't have to derail a career.

Whenever the business world is shaken with a crisis, media outlets, both general and public relations, interview Grabowski. The audience for these articles "gets it" that they could be next in the line of fire. PR News had selected him as Crisis Manager of the Year for how he helped clients manage national food recalls. Here is his seminal article on the need for rapid response in crisis. The context have been Blue Bell ice cream. 

From my experience interviewing Grabowski for communications articles I have found that his persuasive skill with clients frequently comes frim giving them a choice. They can do X or Y. Of course, either X or Y is what Grabowski knows will be most effective most quickly. Timing is everything. They usually make the right decision - in time. 

I have applied that tactic of choice to my career coaching mission. Usually the client consults me because something has gone very wrong. Yet, denial and defensiveness are high. In all of these traumas, the concept of choice does its magic. The client tilts toward acceptance of reality and steps toward reputation restoration. Incidentally, here is the advice I published on that for Yale professor Jed Rubenfeld who had fallen from grace. 

Prediction: Post-COVID and with the new Administration, it's foolish to expect a return to normal  in careers. Instead disruption will continue to be accelerated. It will be the survival of the most public relations-savvy.

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Law Firms Reimagine Presence

Brick-and-mortar locations not irrelevant for a law firm's presence. That's what John Quinn of Quinn Emanuel told Law.com. However, they matter less. 

That shift in perception by a major player from the law-firm sector is not breaking news.

Laterals, for example, already are being hired by BigLaw and allowed to do their tasks outside what had been the "footprint" of the firm, such as New York City or Silicon Valley. And, for years some clients have been declaring they rather do business with a law firm not operating out of  such fancy digs than one with all the traditional location and internal interior decorating markers. Recall that Chrysler's public relations signature during the Lee Iacocca turnaround was the frayed carpeting in the C-Suite. 

Essentially, "presence" is synonymous with "branding." And the brand remains key in preventing client churn and developing new business. The new game evolving seems to depend more on the field of public relations than commercial real estate.

Note that David Boies, co-founder of Boies Schiller, has been going to media outlets such as Bloomberg Law and Vanity Fair for what could be called "reputation restoration." There had been rumors of a cash flow problem and even concerns about the collapse of the iconic law firm. Now, he is talking with the media, in addition to making internal leadership changes. 

As the budget for leasing commercial real estate goes down, the one for public relations could increase. Presence includes showcasing the achievements of the law firm in legal matters and in pro-bono activities. The members of the media are needed to tell those stories. 

What that means is that the legal sector, just like every other business in America, has to become more savvy in how it positions and packages its news. The old-line stodgy tone has to be ditched. Law firms have to get it that they are competing on a jam-packed field for the right kind of attention.

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Personality Traits Make Lawyers Lousy at Business Development, But Prospects Want Direct Contact with Lawyers, Not Marketing Teams

Empathy and resilience. Those are the two dominant personality traits of successful salespeople.

And, according to psychology experts, most lawyers rate low in those two, reports Law.com. Instead they tend to be skeptical which is the enemy of the trust needed in empathy. They also live in their heads. And they tend to throw in the towel on a marketing outreach after early rejection. Unlike effective salespeople, they lack the innate capability to bounce back after those kinds of setbacks. 

So, it might be said, they climb into the emotional bunker and try to avoid all marketing/sales opportunities. They leave that function to professional marketing teams. But research shows that prospects want to confer with actual lawyers not marketers who often are not lawyers.

Fortunately, there is a fix for this. Dale Carnegie Systems is one of those training modalities which really can and does change behavior. That's because it's hands-on.

A clinical depressive since age 11 and way overeducated I shared many of the traits lawyers have. At the turn of the century, my industry collapsed. In order to transition to another niche in my field I had to sell. 

I figured that was impossible. But close friends pushed me to "learn how to sell." I enrolled a nine-week Dale Carnegie Marketing and Sales seminar with coach Michael Francoeur (michael_francoeur@dalecarnegie.com). Those courses are now also online. Francoeur coaches globally.

What I gained was this: I got it that I could sell.

During the seminar we had to present to the class actual marketing and sales processes. I was over the moon when I landed an assignment for my new boutique with a coffee multi-national.

Last Saturday, during a Zoom interview, I knew from the Dale Carnegie training, to "mirror" the search team's language pattern and facial expressions. Those seemed to immediately establish a level of comfort. There was a connection. Sunday evening they notified me that I had the account.

Given my success in marketing and sales since that seminar I know it's a myth that there are "natural salespeople." Those who are saluted as "naturals" probably had been observing from the get-go what tactics turn browsers into buyers. 

Tip: Lawyers who back off from developing new business should observe everything rainmakers do and don't do. Then, imitate. Eventually, you can put together your own way of pitching. 

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Doug Band Leaves Teneo - Tell-Alls Can Brighten Star Power or Blow Up Careers

Gretchen Carlson's tell-all to the press about Roger Ailes' alleged sexual misconduct enhanced her star power.

Then there was Susan Fowler's blog expose of the frat-house ethos at Uber. She took on the twinkle twinkle of a star.

However, as Daily Mail reports, tell-alls can embed risk.

Former consultant to Bill Clinton Doug Band has left Teneo, the public relations firm he founded. That was after his interview for Vanity Fair with Gabriel Sherman. Sherman's book "The Loudest Voice in the Room" helped nudge Ailes out of power.

In that Vanity Fair interview Band contended that Clinton undermined his wife Hillary's run for president. Also, he indicated that Clinton had visited Jeffrey Epstein on a Caribbean Island. He wasn't kind either to former First Daughter Chelsea.

Those statements were made about a former world leader who had been a major factor in Band's becoming wealthy. That could have left not only the leader but also many in the court of public opinion with a bad taste in their mouth. The latter could be thinking: Hell, I wish I had gotten that opportunity to build wealth.

Band has positioned and packaged his departure from Teneo as a desire to spend more time with his family and to attend to his family office. Of course, we have heard that before when there is one of those big-bang career thuds.

This might be a lesson to those with festering resentments. They yearn to out miscreants who they are convinced had done them wrong.

In addition to the risk of possible retaliation there is another: humiliation that no one seems to to care. Any media attention elicits smirks, not outrage. 

Reflection: The media giveth and the media taketh away. Dealing with it has as many uncertainties as does litigation. Just like you don't easily decide to file a lawsuit, you shouldn't easily become the source for a tell-all.

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