Law And More

Legal Marketers - Tell How Your Law Firm Is Pivoting

The term "pivot" will peak.

And then another word will replace it.

Those still putting out there "pivots" will sound like yesterday.

But, currently, everything, such as careers, must be positioned and packaged as "pivots." Not doing so dooms the speaker, texter, emailer, journalist, thought leader or politico as out of the loop. That also applies to those playing in that very special sandbox: legal marketing. 

As legal marketers and the lawyers they promote know: We are our language.

It had been Donald Trump's use of workingman's language that catapulted him onto the global radar. Immediately he differentiated himself from the typical potential presidential candidate. And the media, which served him so well back then, moved in to take a closer look. 

 Next week I'll be pivoting to the next in my communications career. That's because this week I had two articles published, for my own byline, in third-party media. This is the one on how COVID-19 is reshaping marketing. 

Takeaway for legal marketers: Boost attention. Tell the world about your law firm's pivot. It doesn't have to be major. Just some new wrinkle on WFH. 

The Message Glut. You need bold strategy/ghostwriting. Let’s talk about what will work. Please contact janegenova374@gmail.com.

Legal Marketers & The Message Glut: Learning from Boston University Student-Run AdLab/PRLab

Legal marketers are working 12 to 14 hours a day.

After all, the partners can't go out there and wine and dine prospects or rent a booth at a beauty show.

So, the law firm is depending on you. And because they are, you have more status. 

But what kinds of results are you getting amid The Message Glut? 

In Odwyerpr.com today, I tell how the brass at Boston University realized that the only way to send a marketing message was boldly. Otherwise, well, don't bother sending it. 

Those powers that be allowed the student-run AdLab and PRLab to launch the @fckitwontcutit (F*ckitwontcutit) campaign.

See, the stakes are high. Those returning to campus had to have the Ah-Ha Moment that COVID-19 is real and not just for old people. Otherwise they could die. And take lots of members of Gen Z, along with professors and administrators, with them. 

Well, you legal types will want to at least know this: Boston University trademarked @fckitwontcutit. Yes, the administration knows that there is value (bigtime) in innovation.

And messaging at Boston University will never be the same. History might chronicle this campaign as the Communications Boston Tea Party.

The Message Glut. You need bold strategy/ghostwriting. Let’s talk about what will work. Please contact janegenova374@gmail.com.

Theranos' Elizabeth Holmes/Sunny Balwani - Finally, Trial Date Set for March 2021

It's hard to envision an in-person jury trial. But that could play out again. So bets U.S. District Judge Edward Davila. He seems to be assuming COVID-19 will be a done deal. 

The New York Post reports that that judge overseeing the fraud trial for Theranos' former executives Elizabeth Holmes and Sunny Balwani has scheduled it for March 2021.

As some might recall, it has been rescheduled a number of times. The more delays the better for the defendants. They face 12 counts of wire fraud and conspiracy. If convicted each faces up to 20 years in prison and a $250,ooo fine.

The Post predicts it will be high-profile.

But, a nation badly battered by COVID-19 and the resulting economic fallout might have lost its interest in juicy courtroom drama. Also, the details have already been covered so comprehensively. Do we really want to hear more about all those old white men on the Theranos Board of Directors or celebrity lawyer David Boies who represented Holmes?

That pile on of expose  began with The Wall Street Journal reporter John Carreyrou's book "Bad Blood."

What might remain of interest could be far away from the courtroom. Move the attention to the offices of psychologists and psychiatrists. Bouncing around are questions if Holmes has some kind of character disorder. Her behavior seemed that of a person devoid of normal human emotion. As an alleged case of aberrant personality, she is fascinating.

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Hey, the Partner Poached My Work - Red Flag of Systemic Trouble in Law Firm Industry

It had been confirmed by Peer Monitor Report that overall demand is down in the legal sector.

But, work is up. And, that is also being confirmed by documentation that partners, who bill higher than associates, are doing more of the assignments. As Law.com puts it: Work is moving upstream.

The results will include that the business is evolving, at least for now, into a zero-sum game. And out in the cold will be the associates.

The gallows humor in law firms could be: Hey, the partner poached my work.

But at that level of earning capacity, there is no place for humor.

During the fallout from the 2008 - 2009 global financial collapse, associates who were pushed out rarely landed work which paid comparable salary and benefits. As the recovery kicked in, law firms hired brandname laterals and recruited very recent law school graduates. 

Obviously, associates should be hedging. That includes studying help-wanted ads (Craigslist is adequate) to find out what lines of work within the legal sector and outside law are growth sectors. Then they should stretch the creative thought processes to determine if they can retrofit their experience, skills, and education to apply for those jobs or gig assignments. Mock out resumes and cover letters. Role play interviews in which they pitch themselves in this way: Here's is what I can do for you. You bet, it's time to read and pore over the bible in job search and career transition - "What Color Is Your Parachute?"

Both Abovethelaw and Law and More hammered yesterday that starting their own law firms was not a sensible option for most displaced lawyers. The key obstacles are the large upfront investment, length of time to build a client base, and the need for non-stop marketing. The latter is the business of the solo and small law firm. Not practicing law.

But, in addition, this poaching can signal something is rotten in the state of Denmark.

I encountered a similar lack of work and its going only to those in some kind of magic circle at IBM in the late 1980s. Microsoft and Apple were making the corporation look totally old line in a sector in which innovation was and is everything. 

Eventually the IBM chief executive officer John Akers was forced out. Parachuted in was outsider (now, that was an innovation for closed-loop IBM) Lou Gerstner Jr. For a while, IBM enjoyed a strong turnaround. Currently, not so much so.

Clearly the law firm sector has to change itself in significant ways in order to boost demand. But, it might not be able to pull that off. 

Sure, there are strong firms, such as Paul, Weiss headed by ultimate connector/deal-maker Brad Karp, which will keep on scaling. For example, Paul, Weiss just began establishing its presence in Silicon Valley. 

But many other law firms could be replaced by competition from, for example, BigAccounting. That has the edge of cross-selling. Clients trust its audit services. Why not also try out its legal ones. 

There's also tech. Already LegalZoom, which started out B2C, is in B2B. Mostly small business. It could retrofit itself to take on the assignments of large businesses. 

The powers that be in corporate could allocate the budget so that its in-house legal has the resources to manage those bet the ranch cases (with a little help from outside law firms).

The possibility exists also that American business will become less litigious. Instead of see-you-in-court, it can seek out other methods of dispute resolution.

Here's what we know: After IBM went on its downward trajectory, with the exception of a brief time in the sunlight, it really never recovered. If demand keeps falling off for law firms, the sector may never be what it had been. For instance, its autonomy could be taken over by litigation funders. Gone will be the whole concept of the divine right of partners. 

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Not the Lawyer You Used to Be - Lifequakes & Story Time

"I don't know who I am."

That's how people in transition usually sum up how they feel. Lawyers who had depended on their work to have an identity usually feel especially dismal when there could be change. Or the change has already happened. Those upheavals range from a stealth layoff to being forced into early retirement. 

But what would be more accurate and what would make moving forward less painful is if they noted "I need a new story."

We are the stories we tell about ourselves.

Both professionally and personally.

Way back when in a less chaotic era we used to call that the "elevator speech." In a sentence or two it summed up what we were about. If it concerned our professional identity, it could help our career. For instance, "I'm Joe and I help big companies sell a lot of products." 

In transition, that identity, once so solid, is shifting. In the interim and then longer term, folks can gain control of the process if they put together a fresh narrative. That tells the world where they are in their careers and personal lives. More importantly, it delivers the message to themselves that they are in-charge.

That's especially needed in what Bruce Feiler, author of "Life Is in the Transitions," has called "lifequakes" or seismic shifts. As MarketWatch reports, Feiler anticipates lifequakes to increase in number and intensity.

So, as folks sense a lifequake coming to rattle their lives to the core, a multi-dimensional tool could be conjuring up a new story.

The partner at a law firm gets it: The firm wants him out. He isn't bringing in enough new business or billing enough hours. The way to emotionally, socially, and professionally manage that experience is to capture it in a story that moves the process forward. An example? "I'm reviewing what could be Next. This is the first time in 30 years I looked up from my desk." 

A former star in public relations contacted me for a complimentary consultation on her career. She wanted another one. So typical she framed that in the narrative embedded in the past, in who she used to be. "At Corporation X, the world knew my name. I made a lot of money. The media quoted me." 

To have a shot at a Next, she had to extricate the story from the past to possibility. During four coaching sessions, she came to manage this lifequake with the story "I fix brands. That could be your personal or social brand. Or the brand of, say, Uber." That got people interested. Even before she had fully established her communications boutique she had business. 

In COVID-19, it's the rare professional, parent or retired who isn't being rattled by a lifequake.

How to start on the new story? 

Accept that what was is no longer. Then be ready to take the first few steps. Get those down in one or two sentences. Let language take charge. It's not what is happening. It's how people manage that whatever. Christians came up with the narrative of how the word was made flesh. 

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.  

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

Ageism in Labor Market Not Just U.S. Bias - Older Workers in U.K. Also Hit Hard During COVID-19

Older workers in the U.K. are, just as in the U.S., targeted for unemployment during the pandemic. 

Forbes reports that the U.K. Office of National Statistics documented that, along with predicting a surge in the overall unemployment numbers in October. This week the U.K. will probably officially declare that it is in a recession.

There are all the usual suspects for this kind of bias. At the top of the list are:

Relatively high compensation for the years of experience

Employer perception of a lack of tech savvy - and no willingness to learn new software packages

Anticipation that outdated skills will be difficult to let go of - or overall inflexibility.

The organization's fear of higher medical costs (at least in the U.S.) associated with aging.

The typical mistake the older forced out workers make as well as self-employed whose businesses collapse is this: Chasing after work in that same career path, with anticipation of the same compensation, and the same status. As a result they could be unemployed for years and drift into involuntary retirement or semiretirement.

The smart move is the willingness to start over from scratch. That could mean investing funds in retraining or becoming certified in a growth area. 

A classic example is the professional who regears for blue-collar work. One man I coached had been forced out of a middle management position in a research corporation.

Eventually he took the leap across socioeconomic classes. He invested about $7K to train to become licensed as a long-distance truck driver. After the first year on the road he had the experience to negotiate for compensation and the preferred route. Because of what he had suffered financially and emotionally when unemployed he never looked back at the context of his previous worklife. When recession hit the trucking industry he regrouped again. That entailed retraining to be an addiction counselor. That's a growth field and he's still at it. 

Experts in the working aged also recommend certification for tech jobs in manufacturing. That can be picked up at the community college in nine months. Tech doesn't necessarily mean a big job in Silicon Valley. A little tech can go a long way. 

Meanwhile, while the older displaced worker is figuring out The Next, the bills have to be paid.

In my coaching I hammer: Grab work, any kind. Not only does a job or gig assignment get you another job or gig assignment. Equally important, the socialization of how to go to work and get ahead there doesn't fade. During unemployment, if it goes on too long, it's inevitable that you're off your game. That will show up in interviews.

Here, free to download, is my book on landing, holding onto, and moving toward better work, no matter your age Download Outwitting ageism.

Will the displaced older workers ever earn what they had in their previous employment? ProPublica documented that will happen to one out of 10.

Also shift the mindset has to be from career to the ability to pay your bills. 

Also, let go of memories of star performance in the former work situation. It's universal: They were hot. Then they were not. Sure, there could be future high-profile accomplishments. But at this stage of earning a living it's become more about simply bringing in income.

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.  

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

 

McDonald's & The Amazing Mr. Easterbrook - Lawsuit Introduces New Era in Managing Corporate Crisis

Brit Steve Easterbrook was perceived as a corporate magician. After a long career at global McDonald's he was catapulted up to the role of chief executive officer. That was to get the fast food empire out from being stuck in lackluster performance.

Along the way the new usual happened: Easterbrook became romantically involved with an employee. It was consensual. Later, reports The New York Times, the number was calculated to three more. Such conduct violated McDonald's policies on relationships among employees. And that was that.

It's the current drill to fire those, especially high profile executives, who break the rules on sexual behavior, forced or welcomed by the both internal parties.

Usually that is done. The bad publicity endures through a few news cycles. The organization introduces a comprehensive code of behavior. And that's that. There is the crisis of disclosure, then the organization moves on. Frequently there is gush coverage about what it learned from the ordeal.

McDonald's is veering from that standard MO.

The New York Times explains how the corporation has filed a lawsuit in Delaware state court, months after the November 2019 termination. It is accusing Easterbrook of lying, tampering with evidence and fraud. It is seeking a clawback of the $40 million severance package, as well as the stock grant allegedly provided for one of his internal romantic partners. 

So, it is re-opening the past to present scrutiny - and, you bet, a whole bunch of media attention.

This had been triggered by an anonymous employee whistleblower. The sharing of data occurred after the firing. What had been disclosed included the allegation about numerous relationships and the transmission of nude photos among which had been those of an employee. Regarding the latter, the corporation hadn't reviewed Easterbrook's digital communications.

In terms of corporate values, McDonald's will likely be saluted for its willingness to impact negatively its own self-interest to make wrongs known and punished.

Crisis management experts have case studies to create.  McDonald's is BigBrand. So those kinds of deconstructions can bring professional fame and influence.

Meanwhile, the legal world, especially employment-law attorneys, will follow the lawsuit closely.

Bottom line: Will this deter executive sexual misconduct? Probably not. Power can and does trigger delusional mindsets. Those with it might assume they can get away with anything. 

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

 

The Momo Mob - Maybe They Are onto Something

Sure, U.S. President Donald Trump is threatening the funding of Social Security and Medicare.

And research documents that more than half of us will be forced out of our jobs (more and more during COVID-19) and only 1 in 10 of us will ever make comparable money, at least not from working for income. Soft landings are so 20th century. 

But, there is good news, for now, about our investment portfolios - and more.

Last week I made more from gains on equities than I did from operating my two boutiques.

Earlier things were so good that I contacted the financial advisor to lock in those gains and sure, I would pay taxes on those which hadn't been housed in my Roth IRA. But even with that I created unexpected wealth. If I choose, I can ride into the sunset and semiretire in a few years. 

This could keep up.

On MarketWatch, there is the opinion that the momo (momentum) mob could have the day. They are optimists about equities. They forecast the good times in equities will roll, despite the gyrations of external events. Among the signs of two chickens in every pot, for those who invested in equities, is that Facebook could take over the TikTok space. That will keep pulling up its stock price and with it the overall market.

Companies like Apple which are doing well seem able to sustain that. 

Pockets of the legal sector are enhancing their brands. That attracts new lucrative business. For example, Paul, Weiss, through the vision of its chairman Brad Karp, has launched a presence in Silicon Valley. For those in the media who configure concepts about leadership in volatile times, Karp is the model to analyze.

Small businesses who have learned to pivot are scaling. Not every small business owner is on PBS tearfully recounting operating at a 10th of capacity or shutting down. Those I do marketing communications for have spotted the opportunity in the catastrophe. And exploited it.

And professionals predictably cut loose during COVID-19 times are regrouping. For instance, several lawyers I coached did forms of apprenticeships in marketable niches as a bankruptcy. At first, the compensation was peanuts or none. Now it's a fresh career path to travel. 

Reflection: Adversity opens new doors. That bunch of misfits who couldn't make it in the old country - the Puritans - set up their own economic system in the new land. That became the most profitable economy for centuries.

The same goes for building brandnames. After he had been fired from Ford, the guy primarily known only for marketing - Lee Iacocca - went over to Chrysler. He evolved into a global folk hero. 

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.  

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

Edelman Parachutes In - Elizabeth Warren's Concern about Kodak Stock Activity Prior to Announcement of $765M Loan

Giant public relations firm Edelman has developed a brandname representing controversial people, organizational developments, and corporations. Some may recall it represented GE employee Peter Lanza whose son Adam Lanza orchestrated the Sandy Hook, Connecticut massacre and his own suicide.

Currently, Edelman is representing Kodak, reports Kevin McCauley in Odwyerpr.com. U.S. Senator Elizabeth Warren wants SEC head Jay Clayton to investigate the stock activity before the announcement of a $765M loan for Kodak to pivot to become a pharma corporation. 

The issue concerns alleged insider trading or unauthorized disclosure of material nonpublic information associated with the loan. Warren has questions about the stock purchases of two Kodak insiders. They are executive chairman Jim Continenza and board member Phillipe Katz. 

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Language Lay-Low: Mike Pence Is "Disappointed"

Although this is a visual era, words still function as public relations workhorses.

One of those words is "disappointment."

It can damn whomever or whatever is discussed and, simultaneously, position and package the speaker as sophisticated. Yeah, wasn't it always a smart rhetorical move in upscale circles to understate.

As Law.com reports, U.S. Vice President Mike Pence labeled U.S. Supreme Court Chief Justice John Roberts a "disappointment."

Predictably, Roberts has been doing what so many approved for SCOTUS do: Surprise. He has turned out to be more a legal thinker than a one-dimensional conservative. 

The strategic use of language has even penetrated parts of society not considered sensitive to the power of words.

A blue-collar trucker who sometimes hires me for marketing communications for his wife's enterprises wasn't happy with the first draft of a mission statement. He indicated that by saying he was "disappointed." I have a hunch that cancel culture has forced everyone to pay extreme attention to rhetoric.

Meanwhile "cool" seems to be losing its cool. That could be because there still are so many COVID-19 hotspots around the world. Little seems cool if you anticipate you could become very sick, perhaps even die.

Observation: The gush hypermanic ethos of talk show hosts such as Ellen and Oprah could also be over. I call it "Language Lay-Low."

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