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.

Uber's Playbook: Pitch to Public, Delay Court Rulings Being Enforced through Legal Appeals

In California, Uber has not been doing so hot. The latest ruling reclassifies Uber's gig workers as employees. But that's on hold as Uber appeals.

Bloomberg Law examines the Uber playbook. It is betting its business model - depending on gig workers - on how it is playing its game in CA.

There, AB-5, which became law in January 2020, requires that gig workers, with some exceptions, are reclassified as employees. 

A key strategy in the Uber game plan is directing its arguments to the public. It invested in the funding of getting on the ballot for November a Proposal that exempts from AB-5 app-based transportation and delivery carriers. 

It also is "educating" the public on how AB-5 will eliminate jobs in CA. In essence, Uber, it is telling the public, couldn't "afford" to employ the large number of drivers it does currently.

Indirectly, if it ceases operating in CA, it could also deliver a harsh message that it means business. It has threatened to shut down service in CA if it can't retain its gig economy model. That will not only eliminate the drivers' jobs. In addition, those who depend on Uber for affordable transportation will be stranded. During the COVID-19 epidemic, many are fearful of using public transportation.

Another key strategy is to do whatever is necessary to achieve delays in what the courts can mandate. In London, it has been involved in that kind of delay process for 5 years.

Uber has the resources to play a long game in public outreach and in terms of litigation and regulations. 

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

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

 

BU Trademarks @fckitwontcutit

The fundamental of marketing is to identify and figure out how to appeal to the mindset of the target market. The language is especially important. 

In the serious matter of protecting university students from the coronavirus, the stakes are high in that.  As BusinessInsider documents, across the U.S., young adults are being affected the most by the pandemic. 

So, what is being done?

Boston Magazine reports that the Boston University student-run AdLab and PR Lab came up with a bold experiment. The objective of the campaign is to shake students returning to campus out of their denial about the high contagiousness of COVID-19. It embodies how students think and actually talk.

The meme is: F*ck It Won't Cut It or @fckiwontcutit. The brass in administration has approved it. Yes, BU has trademarked it. 

Of course, this innovation is news in the global distressed industries of advertising and public relations. There is bound to be plenty of chatter.

But the bottom line, as in all marketing, is the question: Does this dog hunt?

Will students dutifully maintain social distancing, wear masks and maintain hand hygiene? Or will BU have the same amount of COVID-19 infections and deaths as campuses not embracing such a cool type of warning?

However, that could all be mere speculation about results. 

The game might never be played or not for long. BU can decide against reopening or shut down campus pronto after opening. After all, many schools at Harvard, including the Law School, have gone total remote in instruction for the fall semester.

Time will tell. But time is not on the side of those vulnerable to the virus. At the top of the list are young adults. Gen Z and the youngest of Millennials could be wiped out.

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

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. 

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

 

Both Drivers, Riders Take a Hit - Uber, Lyft Threaten to Shut Down Service in California

As was major news, in California, San Francisco Superior Court Judge Ethan Schulman ruled Uber and Lyft had to reclassify their gig drivers as employees. The defendants have 10 days to appeal. Until then, the ruling will be put on hold.

Meanwhile, though, both Uber and Lyft threaten to shut off their ride-hailing services throughout California, reports MarketWatch.

For some drivers, that gig represents income which is comparable to a full-time job. For others, they are doing the driving because they need the supplemental income. 

For riders, ride-hailing could be their only affordable option in the era of the coronavirus. Public transportation might seem too risky. Those could be stranded. 

It will be interesting to observe if there is a public outcry about Uber's and Lyft's considering no-service. 

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

Transparency in Online Political Messaging - UK Proposes Labeling (Can that happen here in broadcast?)

From websites to podcasts, the UK is seeking for transparency in online political messaging.

Today, reports TechCrunch, the Cabinet Office issued a proposal for the public to review.

If enacted it would mandate labeling of all online political campaign communications.

What would be disclosed are both who or what is behind the promotion and who or what is ponying up the funding.

The public has until November 4, 2020 to respond to the proposal, which you can read here.

It is not unthinkable that a similar movement could catch fire in the U.S. The focus would be partisan broadcasting. Programming would be analyzed for how much content typically represents political campaign messaging. If a certain percentage is measured to be embedded in the daily broadcasting, then there would have to be disclaimer slapped on it. Such could read "Promoted by X and funded by Y." 

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

NBC "Dateline" Documentary Featuring Lawyer Norm Pattis Nominated for Emmy Award

The disappearance of Connecticut Gold Coast wife, mother and writer Jennifer Dulos transfixed the world.

It had all the usual suspects in news grabbers: wealth, pedigree, beauty, divorce, a custody battle, a suicide and even a celebrity lawyer.

Jennifer was never found. The divorced husband, Fotis Dulos, was arrested and later committed suicide. Had Dominick Dunne still been alive he would have done a series on it for Vanity Fair. 

Instead, NBC's iconic "Dateline" parachuted in with an analysis of that piece of CT legal history. Of course, major questions still hover. Therefore, the "Dateline" documentary likely will be followed by othere deconstructions over the next centuries.

But that particular "Dateline" documentary - well, the National Academy of Television Arts & Sciences has nominated for the 41st Annual News & Documentary Emmy Awards. Here are the details.

When NBC received the good news of the nominations it notified that celebrity lawyer who had been in the loop - Norm Pattis. Since he had been the criminal defense attorney for Fotis, Pattis had been prominently featured in the documentary.

As is usual with Pattis' approach to how he represents his clients, the defense was no ordinary one.

In fact, Pattis proposed conducting a trial post the suicide to have Fotis acquitted and his name cleared for his family. In addition, in the days Fotis remained alive after the attempt, Pattis was on the scene, ministering to his needs.

Pattis' role in the documentary confirms that in the current era of fascination with legalities, the lawyer often becomes the story. That can overshadow the alleged crime, the defendant and the supposed victim.

No fools, those in the soup have it in their self-interest to hire a celebrity lawyer to represent them. That practically guarantees having their contentions covered in great detail and on a sustained basis in the court of public opinion. 

Pattis has extended his thought leadership beyond legal issues and causes.

For example, LinkedIn Updates has become one of his platforms for political and cultural analysis. His provocative observations have attracted a steady following. Their interest is so fierce that they will argue among themselves in the comment section of LinkedIn.

Frequently Pattis is on talk shows. His supporters are pushing him to get his own talk show and start podcasting. 

So, who does the judging for the Emmy Awards? The process consists of a review by a pool of 875 peer professionals. They are from the niches of television and streaming/digital in the News & Documentary Industry.

The actual Emmy Awards for documentaries will be presented on Tuesday, September 22nd, at 8 P.M. EDT. That will be streamed, including on mobile. 

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