Law And More

Legal Marketing When You're Over-50

There is the great divide: The over-50 and all the younger generations.

It will increasingly impact the effectiveness of marketing, even in the highly traditional legal sector.

That's to be kept in mind with a recession seemingly on the way. During it, more than 10,250 slots can be lost.

Here is a case study of sorts from another branch of professional services: public relations. 

For many holidays, The Dilenschneider Group (DGI) creates a commentary.

It is relentlessly upbeat.

Usually it contains a laundry list of what the readers should be grateful for.

That message is published on the bible of public of public relations Odwyerpr.com. 

The founder and head of DGI is Bob Dilenschneider. His background in public relations reaches back to a time when the discipline was separate from marketing. There had been a clear line between the Dilenschneider types and the Don Drapers from "Mad Men."

Now, of course, there isn't. How public relations agencies market themselves reflects on how they might be positioning and packaging their clients' marketing - and even hands-on sales.

Those of us over-50 have to become aware of blind spots in our marketing. Otherwise, those can throw shade on our branding. Obviously how we put ourselves out there is how we are perceived.

There are several negatives associated with the holiday tactic.

One goes all the way back to Harvard marketing professor Ted Levitt. In his signature book "The Marketing Imagination," he admitted that America is ambivalent about marketing. He phrases that as "Marketing and Its Discontents." Yes, the blockbuster American economy had been built on marketing. Simultaneously, there is a deep resentment of commercial messaging. Johnny Carson captured that in his staging of bored pitches for sponsors' products.

It's not only Christmas but also all the holidays that we push back on commercialization. When Dilenschneider zeros in on holiday greetings, that can become counterproductive to the marketing mix.

Another beef is the predictability. DGI doesn't miss a holiday. And the posting is always on Odwyerpr.com. In this era of fast time, tradition can be off-putting. 

That opens the template of the holiday greeting to ridicule.

Easter is coming. The smart-aleck in me wonders: Will DGI instruct us on Holy Thursday via Odwyerpr.com to be grateful for the invention of all those marshmallow chicks?

How could I have managed to live my life without that source of extreme pleasure?

Should I reach beyond the narrow confines of my self-absorbed self and distribute the chicks, along with peanut butter stuffed bunnies, to the less fortunate?

The third issue is larger: Have holidays become so commercially exploited that we have ditched the whole concept? The exception might be Halloween. Even my four-legged son enjoys dressing up for all the parties we are invited to. More and more of us ignore President's Day Mattress sales and specials on SUVs at the car dealership. 

A takeaway about marketing for us over-50 is the need to continually assess if it's hurting our branding and revenues or a liability? A sign of our current times, LinkedIn encourages us to continue to modify our all-important profiles. 

Part of my new marketing strategy is to reposition our enterprises as West Coast firms. At the end of the summer I will relocate them to the border of California. Then, one day at a time, I will measure what marketing tactics are panning out and which to ditch. A useful read on that is Henry Cloud's "Necessary Endings."

Reflection: Are legal marketers running their strategies and tactics by associates? That perspective is a terrible thing to waste.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

Papa Don't Preach - Trojan & Public Interest Messaging

Trojan, the brandname for the more than 70% of condoms purchased in the U.S., provides a template for public interest messaging.

Its approach is totally cool.

In addition, the positioning and packaging is smart product marketing. 

As everyone knows or should know, condoms should be used in every sexual interaction.

Heavy-handed "ought" public service announcements about that, though, are ignored. Smirk Smirk. Those Papa Don't Preach approaches can generate rebellion - that is, not using condoms. 

The current Trojans TV commercials combine engaging narrative and enticing product information.

In one, an iGen male ponders if he dare ask a girl out. There's fast shift to a visual of Trojan. The message is implicit: Hey, Bro, the more important issue is that you will use a condom.

Then there is the good news - product benefit - that Trojans have a very slim skin. That is, no real barrier to extreme pleasure.

Since law enforcement is often the front lines of public interest campaigns, it might study the Trojans template. Its parent company is Church & Dwight.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

Self-Made Witness Protection Program - Sell Olivia Jade Giannulli a Kit

Already Olivia Jade Giannulli has lost the accounts of Sephora, TRESemme, and Estee Lauder. 

That was through the alleged fraud her parents - Lori Loughlin and Mossimo Giannulli - committed in getting her admitted to college. Ironically, she told her parents she didn't want to go to college. Currently she is no longer in college. 

Now, reports the New York Post, Olivia blames those two parents for messing up her bigtime life. It is for their alleged sins that her career might never gain traction again. 

The college admission scandal is major. Olivia is a symbol of privilege. And not in a positive way. Back in the hood where I grew up she was the kind of rich girl we would wrestle to the ground and stick gum in her hair. 

Until the day she passes from planet earth she will probably not be able to shake that stigma of extreme wealth and a parent-given professional edge.

Olivia would be wise to put together her own version of a witness protection program. She should change her name, relocate to a nation where she can get a work permit or operate a business, and socially keep her head down. Her parents' BigLaw lawyers can sell her an assembly kit for all that. Monica Lewinsky could have had a fresh start had she chose the expat path. 

Olivia = poor little rich girl.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

Baby-Faced Alleged Grifter Anna Delvey Hasn't Paid Bill to Perkins Coie, Gibson Dunn, and Lowenstein Sandler

Anna Sorokin aka Anna Delvey may be the baby-faced version of Elizabeth Holmes, founder of Theranos. 

The focus of Delvey's trial in New York is the $275,000 she allegedly managed to steal from credit card companies, banks, hotels, and travel firms.

But, the story that has captivated the world as well as Netflix and HBO producers is how she allegedly also bilked major law firms. They had represented her in various transactions such as securing financing for a Park Avenue South rental in Manhattan. 

As Dan Packel reports in Law.com, this 20-something female allegedly has not paid:

Perkins Coie $160,000 

Gibson Dunn $65,000

Lowenstein Sandler $30,000.

She presented herself to law firms as a German heiress.  When the fee hadn't been paid, she told them that she had wired the funds but that they would take several days to clear in New York.

Shame on the law firms. They continued to do work for her instead of nicely saying they would continue on the assignment when the funds did arrive.

Some contend that law firms were so easily tricked because this Delvey character constituted new business they had developed. They were not going to risk losing it. So, magical thinking took over.

New business development is important to each lawyer in the firm. That's because of two reasons. One, it factors into their total compensation. And, two, it will help determine whether they will continue to hold their jobs or be pushed out for not bringing in enough business. 

The irony is that in the 21st century the practice of law had supposedly evolved into a brutal business. No longer was it a profession. Yet, as Packel notes, lawyers still focus mostly on the legal tasks, not the law firm business involved. 

This could change - and fast.

It took getting stiffed for me to transform into Total Business. The two in the non-payment loop were Rodney Burrell of Pittsburgh, Pennsylvania and Romeo Spino, founder of Stratas.

Eventually, because I pulled out all stops, I was paid via Burrell. The tipping point in that happening might have been my blogging about the experience. Here is one of the blog posts. However, the collection agency, of course, took their commission and I remain traumatized until today. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

Fox and Jones Day - The Trump Association

Today Disney closes the deal. It is purchasing, for $71.3 billion, 21st Century Fox assets.

And, according to Gabriel Sherman's analysis in Vanity Fair, that means the Lachlan Murdoch era hicks off at Fox News.

Here is the bombshell in Sherman's take: Lachlan, as CEO of Fox, could see his role as getting that television network ready for sale. It could be too small a business entity to operate as a stand-alone. 

Sherman is highly credible. For years he had been the go-to journalist for information and insight on both the founder of Fox News - Roger Ailes - and Fox itself. He had developed a deep pipeline of sources within Fox. Not everyone was a loyal Ailes soldier.

In 2014, Sherman published that negative best-selling Ailes biography "The Loudest Voice in the Room."

That seemed so threatening to those in the Ailes allies loop, that Ailes' personal public relations representative Bob Dilenschneider plowed $15k in publicity, on a supposed stealth basis, for a vanity biography.

Intended as a distraction, the Machiavellian move backfired. When the Dilenschneider caper was outed by the media, both Sherman and his book received even more attention. It was the must-read. However, it contained only a hint of possible sexual misconduct by Ailes. That was to be a whole other story which precipitated the end of Ailes.

Sherman still has unique sources within Fox. What they tell him is that Lachlan might have been waiting until the close of the Disney deal to start reshaping Fox. To do so when the deal was still in play could have attracted the retaliation of Donald Trump. And, according to Sherman, Lachlan, as well as other Murdochs, is not a devoted Trump supporter. 

The reshaping would be in the direction of a reduction of alt-right aka pro-Trump rhetoric from Jeanine Pirro, Sean Hannity, and Lou Dobbs. The Fox brand would become more middle-ground - and appeal to a larger group of potential buyers. 

Meanwhile, though, Lachlan knows the network has to make scale revenues and profits. Advertisers, Sherman tells us, have been complaining about the seemingly too-close Trump association. Money talks. And that advertiser unhappiness could have become the new loudest voice in the room. The voices at Fox supporting Trumpism could become muted.

There is speculation that the shift from hard right to middle will motivate Hannity to leave. Conservative media is big. He is also big. He could find a high-paying home elsewhere. But others such as Pirro and Dobbs could wind up as symbols of a time long passed. Will they be forced out and be unable to land comparable work? They are also aging on air personalities. Age bias is very real in glam professions such as media. 

The Murdochs are very smart. They might be anticipating the end of the Trump Administration and want to duck being crushed by it.

On the other hand, the collapse of Trump Everything could hurt the Jones Day law firm brand. It has become the go-go counsel for so many legal matters involving Trumpism.

Former White House head lawyer Don McGhan, who had been a Jones Day partner, has returned to Jones Day. About a dozen former Jones Day lawyers hold jobs in federal government. That might be labeled "The Jones Daying of U.S. government."

Takeaway: What happens at Fox could be a microcosm about what could shift in the U.S. brand of conservatism. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

The Influencer Game - Protecting the Brand

Influencers are playing an increasingly important role in marketing. Yet, that legal territory still remains the wild west. The field is so relatively new.

However, corporations recognize they better make progress fast on the learning curve.

That ah-ha moment emerged when Olivia Jade Giannulli became enmeshed in the college admissions scandal. Very quickly, two of her influencer accounts - Sephora and TRESemme - dumped her. 

In Corporate Counsel, Kristen Rasmussen presents steps that are necessary to take before entering into a formal agreement with influencers. The legal relationship should be treated in much the same way as has that with the traditional spokesperson type.

From the get-go, before even approaching a potential influencer, there should be comprehensive due diligence. That should include investigating:

•  Any previous scandals
•  Frequent participation in controversy
•  Tone and content of social media
•  Out of the box behavior such as use of heavy-duty profanity
•  Track record for staying on script.

However, the rub is this: Those with influence have done plenty to establish that force field. They are unlikely to be a Ken Doll or America's Sweetheart. To get, hold, and grow attention often requires outrageous theatrics.

Once the influencer is selected, then there will be the push and pull about what is now determined to be necessary to include in the contract. At the top of the list will be the morals clause.

The company will want the morals clause as broad as possible. For example, it might want to include the right to terminate the contract if influencer is convicted of a felony. 

The influencer will want the morals clause as narrow as possible. The greater the level of influence, the more negotiating power that person has.

Obviously, tremendous effort has to be plowed into protecting the brand from influencer scandal or even a controversy that can't be easily managed. But, the influencer game is one of the most effective in selling whatever, ranging from causes to products/services. Corporations would be downright negligent in leaving it out of the marketing mix. 

Corporations will have to ramp up their negotiating skills.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

Class-Action Lawsuit Could Blow Up Residential Real Estate Selling Industry

Sure, homeowners have the option to sell their homes themselves, without any middleman - that is, the licensed real estate broker who charges a commission of about 6%. Or, they can contract with non-traditional brokers for a lower fee.

But, most homeowners will go with the status quo. They will pony up the 6% commission to have a licensed real estate broker stage the property, photograph it, list it on the Multiple Listing directory, pitch it to other brokers, conduct open houses, and show it on-demand.

However, that status quo is in play. Here is the coverage by MarketWatch.

A class-action lawsuit has been filed in Chicago by powerhouse law firms Cohen Milstein and Hagens Berman. The defendants are the National Association of Realtors, 4 major real estate brokerage firms, and the Multiple Listing services. Here is a copy of the complaint. 

Essentially, it contends the dynamics of antitrust. Those in the loop, it is claimed, conspire to keep the commission at an inflated rate. For example, brokers representing buyers tend to not show residential property listed at a commission rate below 6%.

The real victim, argues the plaintiff class, is the buyer. That buyer will have to absorb the commission through the selling price. 

Therefore, those planning to purchase a home - the classic American Dream - should support this litigation. Meanwhile, all aspects of the residential real estate business are in play. This is yet another which is being disrupted. At the end, everyone in the loop could be earning less.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

Loyola Law School in LA - LLX Program for Executive Legal Literarcy (including how to stay out of jail)

A breakthrough in legal education, Loyola Law School in LA has created the LLX executive program. Targeted at businesspeople, in 6 weeks, both in online and on-campus formats, it trains in everything from contracts to what to expect if threatened with a lawsuit. The cost is $1,000. 

Why it could be a must for corporate types is, as Joe Patrice explains in Abovethelaw, the training can help executives stay out of jail.

Yes, it would provide both information and insight about what lines can't be crossed. In this era of moral ambiguity, such training in legal literacy might be a must. 

The irony here is that maybe even lawyers should enroll in the LLX program.

For instance, former co-chair at Willkie Farr Gordon Caplan, if convicted or if he takes a plea in the admissions scandal, could wind up in prison.

A program which positions and packages the law in terms of business per se might have prevented Caplan from allegedly entering the $75,000 transaction regarding his daughter's taking of the ACT exam.

As Patrice points out, innovative programs such as LLX can help law schools manage their budgets without continually raising tuition. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

Strange Legality: Ghostwriting College Term Papers Okay Because Process Classified as "Transaction"

Morally wrong. That's about all.

So, the FBI probably will not organize stings for ghostwriters who research and put together those growing number of college and graduate/professional school term papers for students who pay up the big bucks. That's because that process is classified as a paid transaction. So, it is perfectly legal. Wealthy insiders always knew that.

Now, the world finds that out through the Daily Mail article on former ghostwriter Jaimie Leigh. In addition to doing term papers she positioned and packaged the kinds of content which helped her clients not only get into college but on boards of directors. 

The reality of the ghostwriting world is much larger than enhancing academic and career credentials. But most of it is totally legit, that is, in the legal sense.

Essentially the game is: Pay some talent to look good. Instead of makeup and hairstyling, ghostwriters use research skills, analysis, strategic planning of content, and word mastery.

That's the source of myriad best-selling books, those opinion-editorials in The Wall Street Journal, erudite white papers produced by brandname management consulting firms, speeches, scripting for videos, blogs, social media, podcast talking points, and even fiction. 

Will the morality ever matter? Likely, not in America. That is, not until its current brand of capitalism grafts on other values.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

We Sit on Juries, We Educate Your Children, We Attend Your AA Meetings

Now we know - that is, the full extent of how the very rich game so many systems, including catapulting their offspring into elite schools. 

In Vanity Fair, William Cohan documents the ethos of the 1% and the few tiers under them.

The mindset is entitlement.

The tool is buying shortcuts to whatever.

When it comes to admission to educational institutions, the assumption is that going through the process the traditional way is for suckers. 

Yes, "they" scorn us mere middle class and below. In their orbits the old-fashioned American values of hard work, determination, creativity that is within the ethical and legal box, and grit could represent raw innocence about how the world really works. To them, that might seem cute. Or another reason to roll their eyes about the world view of the little people.

Of course, for a few weeks or a few months that could discourage us from continuing to try (I took the weekend off from re-doing my marketing communications, figuring the hell with it). But, come on, what choice do we have but to return to hustling.

More importantly, though, will be the subtle and not so subtle forms of backlash against the very rich and those who are quite privileged. 

We sit on juries. Some of those jury members will be involved in trials of alleged tricksters ensnared in the admissions scandal. No question we will be objective. But bits of our hearts have hardened. Justice reflects community values. Our values here in Eastern Ohio are to have no sympathy for the gilded age players. 

We also sell them services and products. As Cohan notes, already vendors charge them more than they do Everyman and Everywoman. 

We encounter them at recovery meetings. No, we won't go the extra mile to help them help themselves. Incidentally, those towns housing the 1% like Greenwich, Connecticut have more than the national average number of meetings of Alcoholics Anonymous. 

And, we teach their children in prep schools, universities, and professional schools such as law. Will instructors and professors struggling to make ends meet grow an unconscious bias?

It's sad that a talent such as F. Scott Fitzgerald so yearned to be one of them. That impossibility could have been what drove him to drink. Yet, part of him knew that, as the line goes in "The Great Gatsby," that they are careless people. 

The probability is low that there will be the analogue of the Russian Revolution here in America. No, we won't be marching into Greenwich, driving the residents out of their mansions, and becoming squatters. 

But, something big has changed since the outing of the exotic admissions scams. There is a target on the backs of those who tell the rest of us to work hard - then smirk about the absurdity of all that.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com.