Law And More

Legal Marketers - The Art of Nudge

Language, even in this visual era, is everything. Of course, lawyers have that down cold. Their legal marketing teams already struggle over each work for promotional content. 

Then, totally obvious: Be they the words used at dinner during a new-business-development pitch or for search engine optimization, the terminology remains a work horse.

Both commercial and personal rhetoric now includes the language as well as the mindset associated with "nudge."

A headline in The Wall Street Journal contains the term "nudge." That, of course, reinforces that it is okay for business types to use the nudge word. 

A human resources client was playing with the idea of titling a future book on networking "Nudge." That idea was shelved when it seemed more marketable to do a book on how recruitment already is being overhauled by artificial intelligence.

And, way back in 2014, my executive coach gently recommended  that I had to "nudge" myself out of relationships which no longer served their purpose, including my own personal growth. (Here is that story.) Yes, very much the sticky thinking of Henry Cloud in "Necessary Endings."

The magic of the language of nudge is that it is both direct and indirect. 

The direct part is the lawyer informing the prospect shopping around for representation during a transactional service how many moving parts there are and how many things can go wrong. You bet, the fear imperative. Nudge conceals the hammer in a velvet glove.

The indirect part is praising the prospect for entering that space, along with an invite to a dinner at a posh restaurant to sort out ideas. The old-line Dale Carnegie approach of how to win friends and influence people.

However, nudge is an art. Not everyone has the talent to be on the front lines of nudging. That includes some parents who need to parachute in trained nudge types. 

The implications are huge. Legal marketers in-house/outside firms have to retrofit much of the promotional language.

Ditch "the law."

Replace with "consider this narrow passageway through your problem." 

Obviously, this represents a migration of selling to what isn't selling. 

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Melissa Quesada - Beauty, with Alleged Inner Beast

This is one scandal which may not throw too much shade on the Cuomo Administration. Right now the powers that be are taking no action on the matter which might be labeled as "Beauty, with Alleged Inner Beast."

One-time beauty queen Melissa Quesada has been indicted in Westchester, New York for assault, harassment, and endangering the welfare of a child. Since 2016 she has been NY State Director of Latino Affairs. She received a law degree from Hofstra. Here is the coverage from tabloid Daily Mail. Her LinkedIn profile is not available at this time.

Allegedly, Quesada attacked her former lover and father of her child Adrian Roman. For the resulting injuries he went for medical treatment and notified the police. Also, she is accused of leaving their baby unattended in a bath.

Roman and she are now living apart.

While the Cuomo players might not be significantly tarnished by this development, Quesada's career could go off the tracks. Currently the world, not just the U.S., fears unbridled emotions. A resentment, the wrong word, a stressor (as they say in "Criminal Minds?) could set in motion a fatal incident.

As a lawyer, Quesada should have been aware of how much she put at risk when allegedly not being able to manage anger.

In addition, she could be damaging the image of Latinas. That's the group who should have their antenna up for backlash. 

Since this story allegedly involves theatrics, it has legs. 

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Crazy - The Edge, Dating Back to Puritan Times

Johns Hopkins professor Kay Jamison documented the correlation between creativity and mental illness. That was in her breakthrough book "An Unquiet Mind," which remains a brisk seller. Although published way back in 1996, it still ranks 1,969 on Amazon. Here it can be ordered.

Incidentally, Jamison herself struggles with a bipolar disorder and had attempted suicide. In 2002, she won the MacArthur Genius Award ($500,000 was the monetary part).

Yet, those with various sorts of mental illness can't shake the stigma. Actually, that bias against mood disorders and intermittent faulty perception often eats deeply into their own self-esteem. They drag around that diagnosis like stink on their shoe. 

Help could be on the way. Really.

As the New York Post records, the Van Gogh Museum is in the loop of certifying two things. One is that Vincent Van Gogh's self portrait is not a fake. And, two it was created by him in a psychotic state. The authenticity had been debated because the color patterns were muted, not the usual vivid hues. Some contend that reflected the artist's pulling back from being so out-there. He recognized his psychic shift at the time.

On February 21st, the Van Gogh Museum opens an exhibit with that painting in it. If the public relations is sophisticated it will hammer that the artist was producing from what could be thought as another dimension. 

Given the rigidity of capitalism, dimensions other than the maximizing of profits aren't welcome. A current commercial about insurance makes fun about that. It's labeled "being your parents." The art-student waitress is asked how she intends to earn a living after she graduates. 

Experience in professional life, though, indicates that being in other dimensions, full-time or just now-and-then, doesn't exclude being self-supporting or a big success. 

Actually, success driven by mental illness might not be reserved for the creative arts. In 2011, psychologist John D. Gartner published an amazing book. It is "The Hypomanic Edge: The Link Between (a Little) Craziness and (a Lot of) Success in America." Here it can be ordered.

Gartner starts off with that misfit group from the Old Country - the Puritans. Certainly they were operating in another dimension. But once freed from the establishment rules in the UK, they went about putting together an economy which had been for centuries the most powerful in the world. 

Ever since the Puritans, it's likely that many of the brandname entrepreneurs in America would be classified by those in the "helping professions" as, well, crazy. And, yes, like the Puritans they created a new kind of economy.

The authentic reason for concern about mental illness is that it can open the doors to suicide. A theory of suicide is that the distressed keep traveling through a series of unthinkable scenarios. "What if I simply stopped trying" could then open the next door which could be the psychotic "Suicide would help me feel better." The final door is the decision to go for it.

It could be that former partner at law firm Sidley Austin Gabe MacConaill might have travelled that corridor.

He had confided to his wife Joanna Litt his perception of emotional deterioration. Simultaneously, he had a hunch that going for professional help would tarnish his professional branding. Lawyers I have spoken to about that agreed that MacConaill was right. The sharks would have smelled vulnerability, circled, and that could have been the end of a high-powered career.

If the stigma around mental illness can be blown up and those saddled with that disease able to forgive themselves for imperfection, the "career price" paid for being treated could be reduced. In time, it could disappear. 

After all, from "Genesis" on, civilization has recorded examples of aberrant thought processes. Eve had to be out of her mind to risk what she had for a dream of more autonomy. Even more crazy was for Adam to buy in. Of course, the history of ideas punished them harshly. That included inflicting on them a son who was a murderer. However, Eve got the worst of it. Crazy women are more unwelcome in society than crazy men.

An effective constraint for moving on to the next door is to contact the deep listeners at Samaritans. The hotline is confidential, free, and operates 24/7. The phone number is 212-673-3000.

Full Disclosure: I have taken on clinical depression since age 11. Despite the family suicide gene I am still here.  

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"Nicholas Murray v. Janssen, et al." - Are Those Nuclear Verdicts In Play?

Are those nuclear awards for punitive damages merely symbolic?

That could be.

In "Nicholas Murray v. Janssen, et al.," Judge Kenneth J. Powell Jr. reduced the punitive damages from $8 billion to $6.8 million. He didn't adjust the one for compensatory damages - $680,000. As The New York Times reports, the defendant will appeal the original verdict and the plaintiff will appeal this recent decision. 

The lawsuit, filed in 2013, contended that Janssen did not adequately warn medical doctors of the risks associated with psychiatric drug Risperdal. Murray took it as a young boy for autism. Over the years he grew breasts. 

The first time unusually large verdicts, compensatory and punitive, came onto Everyman's/Everywoman's radar had been in "Hulk Hogan v. Gawker." Funded by venture capitalist Peter Thiel that litigation yielded a $140 million award - which eventually bankrupted Gawker. It also made Hogan's lawyer Charles Harder a media-law superstar.

Obviously, courts have not seen the last of "Nicholas Murray v. Janssen, et al."

For those in communications, the issue is: Will this decision help the distressed Johnson & Johnson brand? It has also been taking it on the chin in the opioid public nuisance litigation niche. Public nuisance has evolved into a power tool for the plaintiff bar. 

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Court Appearance - Elizabeth Holmes Ditches Steve Jobs Minimalism for Glam

Her trial for 11 counts of wire fraud and conspiracy to commit wire fraud will begin in August 2020. 

Leading up to that, founder of collapsed Theranos Elizabeth Holmes has shifted personas. Gone is the minimalist Steve Jobs look. Instead she showed up for a court appearance in San Cruz. California, reports Daily Mail, glam. 

Her usually tied back hair was arranged loosely around her face. That softened her. She wore a Hugo Boss outfit which sells at retail for about $1,000. Nice, but not too expensive. 

She had pleaded not-guilty. 

Silicon Valley as well as investors and consumers allegedly duped by her will all be following the trial. At one time, Superlawyer David Boies has been both on the Theranos board of directors and serving as legal counsel for Holmes. In his book  "Guilt by Accusation," Alan Dershowitz fingered that dual role as a conflict of interest.

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Authority in Play - Lessons for Lawyers from Megxit, Iran, France, and the American Revolution

With a very American perspective in The New York Times, columnist Maureen Dowd reflects on the "corgi-and-gin-loving racket." That is, the very wealthy reign of the House of Windsor. 

Essentially, ranging from Prince Andrew's alleged sexual misconduct to Megxit, this is yet one more institution in which trust is lost.

Actually those in the new land went to through that crisis of belief and support about two and a half centuries ago. What was to evolve into the headquarters for global capitalism, the colonists' mindset was about money. The British form of taxation was siphoning off too much of it. 

Windsor's moral authority on everything and anything has blown up.

It would be no surprise if in a future Edelman Trust Barometer there is an allusion to the collapse of belief in the need for the British monarchy.

There is a push-back on the leadership in Iran.

And, in France, Everyman and Everywoman are saying "nonono" to the government's big idea about upping the age of retirement. 

Obviously, Megxit is a microcosm of an extreme paradigm shift in values. That mirrors the intensity of rebellion of not only the American Revolution, but also the French and Russian ones. Of course, lawyers have to pay heed. Law is a man-made institution. The human intersects with all those rules.

The world is bearing witness to that in how Judge James Burke has decided to oversee the Harvey Weinstein trial. Sure, his interpretation of the rules could give ammo to the defense to appeal a conviction. However, currently, it's a kind of "woke" for how judges impose common sense in the convoluted entity that the legal system has become. In time, SCOTUS could decide on the side of simplification: It's that simple that Weinstein shouldn't have been using his cell phone in the courtroom.

With the Barbarians at the Gate, all those with any authority will have to revisit what they consider their "core competence." The question is: What are you best at, what value does that create, how to communicate that, and what is an appropriate reward for all that? 

That type of comprehensive review includes lawyers, both litigation and transactional.

Law.com keeps presenting evidence of the disruptions in the legal sector. Actually, what could be happening is one of those Big Bangs. Law firms, courts, trade associations such as the US Chamber of Commerce, and clients have the opportunity to be proactive on this one.

Communications specialists such as myself are already busy bees recommending:

The new language of authority. Bring on the "we." That's why diversity is so important. With all the current challenges, it's necessary to be inclusive of all points of views and backgrounds. No secret, the legal sector suffers a diversity-challenge. 

Toned-down tone. Authority must sound like it recognizes the unknowability of so much. A Zen mantra is: Clear Thinking, Don't Know.  On "Criminal Minds," there is often an overhaul of the profile. A great moment in broadcasting had been when superprofiler David Rossi had to wrestle with ambiguity.

Confidence in the ability to try on ideas and experiment with solutions. That's how law firm Motley Rice became a respected brand. It put out there and kept refining the traditional concept of public nuisance apllied to product liability. In the California lead paint class action litigation that had resulted in a seminal win. SCOTUS wouldn't review the conviction. 

Connecting. For centuries, the model for that has been how Jesus Christ reached myriad constituencies. Harvard, Stanford, and Yale law schools can launch seminars analyzing the persausive genius of the early Christians. Lawyers have to achieve, metaphorically, eye contact in new business development and all other constituencies to generate positive outcomes for those clients. 

Meanwhile, the 2020 campaign provides a platform for wrestling with the issue of what kinds of leadership are a fit for times of such change. Lawyers should have lots to say about that.

Takeaway: Underneath all the rules is the human need to trust. 

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U.S. Legal Media - Changing Playbook

Globally, media is zero-growth business. That's what influential New York University professor Scott Galloway hammers. 

That's the big picture.

Within the generalization are niches which could grow. One is legal media in the U.S., including both broadcast and digital.

After all, America is a litigious nation. Everyman and Everywoman make it their business to learn more and more about law in case they find themselves or put themselves in that loop. "Court TV" serves that purpose well. 

And, from the get-go, legal procedures such as trials have provided entertainment.

That kicked off in 1692 in Salem, Massachusetts, with 200 accused of witchcraft.

Currently, observing Harvey Weinstein make it into the courtroom with his walker is a visual treat.

So, it's instructive to leaders in all parts of the media landscape to analyze what has been going on in the American legal media sector. They can learn plenty from that changing playbook.

Many recall the big bang in platform from print to digital and from buttoned-down to conversational set off by The Wall Street Journal's Law Blog. Headed by Peter Lattman, now with Emerson Collective, it was the go-to for the underground feel about anything and everything in law. Who didn't leave a comment! 

Next, David Lat gave birth to what was then legal news tabloid Abovethelaw. It evolved into a highly influential advocacy site for law students and junior lawyers. Along the way it might have sucked the wind out of The Wall Street Journal Law Blog, which eventually was shuttered. Simultaneously, the traditional coverage of legal by The Wall Street Journal was beefed up. Unfortunately it's currently behind a paywall.

Courthouse News made it all the way to hard-hitting investigative reporting.

ABC had and still has Dan Abrams as legal analyst. He also launched a news media site whose platform is essentially video. That mutated into the current Law & Crime. Last July Abrams noted it had about three million monthly visitors.

Law.com became more provocative in what it covered. You bet, it seems to love those gender discrimination lawsuits such as "Tolton et al. v. Jones Day."

In much of the current media, the star figure is employment plaintiff lawyer David Sanford of Sanford Heisler Sharp. Legal media has helped shape The Lawyer as Character Actor.

And, so on.

Right now, likely the game being watched closely is being played out on the digital platform of Abovethelaw.

Founder and business hustler David Lat left to become a recruiter in legal executive search.

More recently the editor in chief and activist Elie Mystal also left.

One journalist is on maternity leave.

That leaves the media outlet down three people. The space is being filled by regular guest columnists. But they lack the distinct Abovethelaw voice. That had been rigidly maintained by the original band of merry rebels at Abovethelaw.

All this puts its branding in play.

Without Mystal, there's less of an activist tone.

Given that Law.com is covering much of the juicy stuff that had been Abovethelaw's signature, there's a loss of a clear differentiating identity.

With the legal sector having made a strong recovery there's less to protect law students and junior lawyers from (with the exception of high law school tuition and the resulting over-$100K student loan debt). Therefore the role of a kind of Holden Caufield saving them has withered. 

Many who got their introduction to legal media as fun with The Wall Street Journal Law Blog and felt part of the Abovethelaw community wonder what will be the new playbook. Its current holding pattern can't hold.

Will it veer toward the more traditional to compete toe to toe with Law.com, conduct more investigative journalism like Courthouse News, and/or assign staff as with Law & Crime to be in the courtroom? Could its target market extend to seasoned lawyers? Will it be partners, not disgruntled associates, who send anonymous tips, including internal communications, to Abovethelaw?

Meanwhile, it's Court TV which is educating the masses about what dress, style and color, defendants should wear, the strategy of jury selection in a sexual misconduct trial, and hits and misses in opening and closing arguments. The language of law has gone mainstream. And those points of law -  so many laypeople have them down cold.

Legal media has served America well. 

This blog wished an amazing Next to the "orphans" at Abovethelaw.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Lawyers Over-40, Who Aren't David Boies or Alan Dershowitz - AI Can Be Career-Extender

The findings of several recent research studies scream one thing: Workers in America are finished at 40, reports MarketWatch.

Of course, there are exceptions to that.

One had been mega celebrities such as Tom Brady, number 12 in the Patriots. When he is a free agent he will have his choice of plum opportunities.

Another group who seem insulated from the brunt of age bias are brandname lawyers. They range from David Boies to Alan Dershowitz.

But a surprising result from the research of David Neumark at the University of California at Irvine brings hope to older job searchers. That research is published in the National Bureau of Economic Research, which you can read here. 

Neumark investigated the recruitment process at a restaurant chain. When interviews were conducted in-person those over-40 were 46% to 65% less likely to be hired.

However, when they were conducted through automated decision-making systems (yes, think artificial intelligence) the age bias didn't prove out to be a factor in hiring. 

There are two major implications from Neumark's findings.

One, as more recruitment is automated, age bias could actually become less.

Two, aging workers should opt to apply for jobs in which the screening is primarily done through automation. Sometimes automation kicks in end-to-end. That extends from submitting a resume to the actual interview, which is conducted online. Then, what comes in the email are the job offer and the date when the employment starts. 

Another insight from overall research is that more of the aging who need to make income are embracing opening their own businesses or becoming independent or on-call contractors.

As just-in-time hustlers, workers can learn about myriad kinds of new ways to bring in income. In addition, they might gain the knowledge and confidence to start their own businesses. For example, the dog walker for Wag might launch a comprehensive service for canines. That could include transporting them to the vet and groomer.

Or they can land a fresh career path.

One older displaced lawyer who did a gig as a contract security guard wound up managing all the loss prevention staff at the security firm which hired him for a temporary seasonal assignment. Another unemployed over-60 generalist lawyer did a contract job at a collection agency. She hated it, but eventually she was able to be hired for a three-fourths job at a bankruptcy practice. 

Here, free to click open, is my book on making a buck, at any age Download Outwitting ageism

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.

The Next - Laterals, JD Class of 2020, Career-Changers Have to Get Their Elevator Speeches Just Right

In her 70s, Maye Musk remains a super model. 

In addition, she has become a best-selling author.

About a week ago, her book "A Woman Makes A Plan" was published. Immediately, it caught fire. Currently, it has the amazingly high Amazon ranking of 1,509. 

A central meme of "A Woman Makes A Plan" is the fresh opportunity that comes from starting over. Musk grabbed it during distressful parts of the her life and leveraged it as a platform for personal and professional success.

That's Musk's story.

Your own experience with starting over might not have been so rosy. That could even have begun when you were a 1L in law school. Or, sooner, during the unhinging of being a freshman in college. 

One major problem might have been this: You brought the past with you. Not only internally, that is, in your head, heart, and soul. You also didn't recognize the need to create a new "elevator speech." From the get-go that puts limits of possibilities.

Essentially the elevator speech is a short "commercial" which captures who you are and how that "who" can benefit others - employers, co-workers, subordinates, clients/customers, friends, neighbors, community groups, and other kinds of constituencies. That benefit can be as simple as lifting their spirits and making them feel good about themselves. Or it can inform them how you can be useful in their careers. 

Ironically, the elevator speech is not about you. It's about them, via the genius of indirect communications. 

The elevator speech is all positive.

It requires an investment of your time.

And, you bet, you must put it together, fine-tune it, and practice it before you parachute into your Next. Remember you only have about 7 seconds to transmit the right message.

Advanced preparation prevents blowing it because once you're in-place you're overwhelmed. Such stress leads to blurting, disclosing negatives, and ignoring the nuances of human bonding. According to the researchers on mirror neurons, we humans influence each other, cell by cell. It's up to you to leverage that to your advantage. Otherwise you can become downright self-defeating in the new setting. 

Let's look at effective and counterproductive elevator speeches:

Effective: Isn't Cleveland special! (That level of enthusiasm puts you in the conversational driver's seat.) It's such a blessing to have a position with Jones Day. How the kids love their school.

Counterproductive: We're having an adjustment leaving Manhattan (That's an immediate put-down of Cleveland) But Jones Day made me an offer I couldn't refuse (You sound arrogant.)

Effective:  I'm here. Can't believe it. I was 6 years old when my family vacationed in Tucson. The rest of my life I made it my business to return. I want the kind of life you have. How blessed you are. 

Counterproductive: Los Angeles was such a rat race. Too much traffic. (That positions and packages you as a complainer.) I hope this works out better.  Does the heat get to you? (Listeners get annoyed that you didn't factor that in before making the decision to relocate.)

Effective. I want to hear all about you. (There is the Dale Carnegie fundamental of showing a sincere interest in people.) Can I treat you to a latte? (Free can't be resisted). Starbucks, I found, is on the corner. (You sound like you are making a real effect to make this home.)

Counterproductive: When I get settled let's get together. (No body cares about your state of being overwhelmed.) By then, I will probably heal from being unemployed from the crash in the legal market. (You brought the stink along with you.)

Sure, new starts can be brutal rites of passage. But that transition can be transformed into the adventure of taking on another identity. Graduates of elite colleges are willing to earn peanuts just for a shot at being hired for acting roles. Trying on another persona can be equally satisfying. Plus, the return on the investment could be extreme success, in life and work. 

Experts on building power relationships - be they dramatist William Shakespeare or sociologist Erving Goffman - hammer the importance of setting a face to meet all the faces out there. That entails putting together the right elevator speech. Then continually modifying it as time passes. 

After a year in Cleveland and at Jones Day, here is how that could play out:

Effective: Cleveland has been so good to us. But you know the needs more than we do. How can we make a difference? My two boys want to pitch in, too.

Ineffective: The long hours of work. I haven't even gotten to the museum yet. I shouldn't be annoyed but I am that my kids want me to coach their teams.

Takeaway: The most efficient route to success is through other people. It's your mission to talk your way in. 

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1:47 P.M. ET, 1/2/20 - Abovethelaw's Game-Changer in Legal Journalism Elie Mystal Announces His Departure

Here it is.

Yes, you heard right: Elie Mystal posted a notice to his followers on Abovethelaw.com and his nemesis The Republicans that he is leaving.

Sort of.

Although he is exiting his leadership position and daily content-creation, he will parachute in for the occasional podcast and stories that need to be told.

Those kinds of articles, as is Mystal's signature, will be about stealth mischief by the power structure which have  to be unmasked.

Back when The Crash generated massive layoffs in the legal sector, Mystal exposed how law firms were positioning and packaging them as firings for performance reasons.

It was Mystal who brought mainstream the term "stealth layoffs." Since it's predicted that in the next economic downturn, 10,000 legal sector jobs could go poof, Mystal probably will be returning for a few articles to reassure those axed that they are victims of stealth layoffs. 

That notice at 1:47 P.M. ET mirrored Martin Luther's nailing his manifesto against Roman Catholicism on the Church door. Mystal is going out there as a total reformer. His mission is to really make a difference. His territory, of course, includes the legal sector.

Meanwhile, Mystal leaves behind a legacy of bringing legal journalism into the digital era. In 2008, he joined the news site, created by David Lat. His approach was conversational. As did the early adopters in blogging, he injected himself. The content, often resulting from leaks from law firms and law schools, was the antithesis of spin. 

What initially bonded so many of us to Mystal were his soul-wrenching but hilarious anecdotes about taking the wrong turns on the road.

His pursuit of academic excellence at Harvard undergraduate and Harvard Law School resulted in a career path rejected early - and $150K in student loan debt. When landlords saw his credit rating their eyes popped.

We figured: If Mystal can forgive himself for that kind of myopia, hell, so could we. Yes, I was among those who took that leap into, first, self-forgiveness, then self-love. (I had been to Harvard Law School also. Lordy, what was I thinking!)

When Mystal branched out to social networks he essentially operated a Daddy Blog. In detail, for instance, he recounted the extreme frustration of the two boys' bedtimes, which naturally they resisted. 

So, what should we think about this new development - Mystal's exit?

My sense is that his mission had expanded beyond the parameters of Abovethelaw.

He needs a bigger sandbox to play in and to invite different kinds of kids in with him.

Question: Does he want his two sons to join him in that sandbox? Or does he wish them a safer journey?

This blog wishes Elie Mystal whatever he wants.  

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