Publish or Perish!

As anyone who has attended a four-year university can attest, “publish or perish” is the mantra for budding academics looking to secure the permanent, and virtually untouchable, position of tenured faculty. In modern academia, many have eschewed that thought ' claiming that it places too great an emphasis on research and not enough on actual teaching.

However, more and more lawyers are beginning to grasp the thought that its time for them to take the baton from their academic colleagues ' as the pressures of law firm consolidation and the necessity to stand out in a crowded field demand an aggressive visibility and communications strategy. Simply saying that you are the best (insert name of practice type here) lawyer is not enough. It is what others say about you that gets to the heart of reputation ' and a favorable reputation is singular in growing and maintaining your practice.

Utilizing the Media to Develop Reputation

Developing an effective media outreach function will go a long way towards enhancing your reputation in the marketplace. When Jonathan Glater, noted legal beat reporter for the New York Times, has you on his short list of “must have” sources for a particular issue, the underlying statement made to the reading, and purchasing, public is “this is someone who's opinion on this matter is reputable, trusted, and relied upon.” Not a bad thing for people to think about their outside legal counsel.

And the beautiful part about it: you didn't have to say it – you let the reputation of the New York Times as a publication speak to your reputation as a lawyer. One of the most respected newspapers in the world certainly wouldn't want commentary from anyone that isn't among the most respected in their field, would they?

But how do you get on Glater's and others list? By communicating (not marketing) and merchandising your media successes the same as you would your courtroom successes.

Merchandising Media Success

There is a very deliberate progression to becoming a media pundit, much like there are prerequisites in a school curriculum before you are allowed to focus on your degree track. Often, however, long-time lawyers tend to miss the importance of developing a media resume ' instead choosing to bemoan the fact that “so and so was quoted in that New York Times story and I am twice the lawyer that he/she is.”

What these lawyers are missing, generally speaking, is that when it comes to a reporter's awareness of a particular source, its not often because they heard that “this person is a great person to call.” Rather, in doing their research for a story they came across the name of the source from another story that may be related to the subject matter at hand. Or perhaps its because they have retained the services of a crafty internal or external public relations professional who has used past media successes to successfully merchandise the source.

Therefore you must begin to get on a reporter's “radar screen” by having media “hits” to your credit that you can begin to communicate to reporters or that can be found by using research tools like Westlaw, Lexis-Nexis, Factiva etc.

The Three Touchstones on the Way to Media Superstardom

The above illustration demonstrates the three important touchstones for media success: those publications that that cover the legal industry; those that cover the vertical markets or industries that touch your current and prospective clients; and those major national dailies and magazines that cover the waterfront of national and business news.

In order to secure a spot on Jonathan Glater's coveted short list at the New York Times, a daily business publication with a sizable circulation, you need to start with what you know best: publications that are targeted at your own industry. In our case, the business of law.

Publications that focus on the legal industry rely on news related to law firms to fill the pages of their publications. Many of these publications are narrowly focused ' covering only the legal industry in a particular city. Further, many of these publications are printed daily ' relying on the news and contributions of only a handful of firms each and every day. These publications want your opinion. After all, who better to talk about the complexities of municipal court rules in Any County, USA than the attorneys that live and breathe them every day?

Getting Started

Running on lean budgets and even leaner reporting staff, many legal industry publications (particularly at the local level) rely on two things to keep them up and running: money (either in the form of subscriptions or ad revenue) and the contributions of guest columnists. Generally speaking, these publications will set an editorial calendar that lays out, in advance, the subject matter to be covered in each issue (or in the cases of dailies, special supplements). Editorial calendars act to serve two purposes: they give advertisers advance notice of those issues where they suspect their target audience may be reading, and they give you, the potential author, the opportunity to get in front of opportunities to write on those topics that are near and dear to your heart.

In order to secure that coveted authorship spot, contact the editor responsible for a particular publication, or feature section within that publication, and begin a dialogue about how you may contribute. Be mindful that, just as you would ask a potential client what their needs are prior to beginning legal representation on their behalf, you must also be prepared to meet the needs of the respective publication you are interested in publishing in. Be sure that your topic is newsworthy, one that has not been previously written about ad nauseum (think Sarbanes Oxley) and one that will not be written as an infomercial for your own firm.

Once you have secured a commitment from the editor, go about writing your article but keep a few things in mind:

• Make your article interesting to the reader, not to you.
• Draw conclusions. When it comes to articles, no one is really interested in a simple recitation of the facts. Give them something to think about.
• Don't miss your deadlines. The surest way to guarantee that you will not have the opportunity to write a second article is to leave an editor scrambling for a replacement at the last minute your first time out!

So you've got an article published in XYZ Law Journal. Now What?

Once your article has appeared in print, now the real work begins. What do you do with it now (besides send a copy to your mother)? Merchandise it!

Beyond the conventional wisdom of securing reprints of your article to send to current clients, contacts and referral sources, one often overlooked group of people that may be very interested in what you have to say are journalists scouting for sources. While it may not be entirely necessary to forward your article to your entire media list, (although it may well be worth it if a topic is particularly timely or if you know that a certain journalist has a keen interest in one subject matter or another), you should pay close attention to the articles you begin to develop in your portfolio. Create your authorship/ media resume.

You will want to use your newly published collection of “thought leadership” to entice reporters at publications in Phase 2 and 3 of the above referenced diagram in order for them to begin to consider you as a “go to” source on a particular subject matter. You appear a much more credible source to the American Banker for a story on the market for mortgage backed securities, if you've already discussed the finer legal implications of new regulations related to the matter in the New York Law Journal. Likewise, the Wall Street Journal is very likely to be more interested in discussing the topic with someone who has written extensively on the matter, and has also been quoted extensively in vertical business publications, than someone who has no experience working with the media to their credit.

If you were a reporter at the Wall Street Journal, which pitch below would be more compelling to you?

• “I offer for your consideration on the topic of mortgage-backed securities, John Doe. John has been practicing in the area of securitization law for more than XX years, and really knows his stuff.”
• “I offer for your consideration on the topic of mortgage-backed securities, John Doe. John has been practicing in the area of securitization law for more than XX years, and he has written and commented extensively on the state of the industry for publications such as the New York Law Journal, Asset Securitization Report and the American Banker.

In Conclusion, Start with the Basics

Just as you cannot become a tenured professor without a list of publications to your credit, you cannot become a media pundit without first authoring by-lined articles for those publications that are focused on the business of law. These articles will result in new business and media opportunities for you by demonstrating precisely the sort of thought leadership that clients are looking for when they are seeking to hire outside counsel, or when journalists are trying to find the perfect sources for their story.

Jason S. Dinwoodie is the Director of Communications for Orrick, Herrington & Sutcliffe based in New York, NY. He is also a member of the Marketing the Law Firm Editorial Board. He can be reached at 212-506-5295 or 212-506-5295.

As anyone who has attended a four-year university can attest, “publish or perish” is the mantra for budding academics looking to secure the permanent, and virtually untouchable, position of tenured faculty. In modern academia, many have eschewed that thought ' claiming that it places too great an emphasis on research and not enough on actual teaching.

However, more and more lawyers are beginning to grasp the thought that its time for them to take the baton from their academic colleagues ' as the pressures of law firm consolidation and the necessity to stand out in a crowded field demand an aggressive visibility and communications strategy. Simply saying that you are the best (insert name of practice type here) lawyer is not enough. It is what others say about you that gets to the heart of reputation ' and a favorable reputation is singular in growing and maintaining your practice.

Utilizing the Media to Develop Reputation

Developing an effective media outreach function will go a long way towards enhancing your reputation in the marketplace. When Jonathan Glater, noted legal beat reporter for the New York Times, has you on his short list of “must have” sources for a particular issue, the underlying statement made to the reading, and purchasing, public is “this is someone who's opinion on this matter is reputable, trusted, and relied upon.” Not a bad thing for people to think about their outside legal counsel.

And the beautiful part about it: you didn't have to say it – you let the reputation of the New York Times as a publication speak to your reputation as a lawyer. One of the most respected newspapers in the world certainly wouldn't want commentary from anyone that isn't among the most respected in their field, would they?

But how do you get on Glater's and others list? By communicating (not marketing) and merchandising your media successes the same as you would your courtroom successes.

Merchandising Media Success

There is a very deliberate progression to becoming a media pundit, much like there are prerequisites in a school curriculum before you are allowed to focus on your degree track. Often, however, long-time lawyers tend to miss the importance of developing a media resume ' instead choosing to bemoan the fact that “so and so was quoted in that New York Times story and I am twice the lawyer that he/she is.”

What these lawyers are missing, generally speaking, is that when it comes to a reporter's awareness of a particular source, its not often because they heard that “this person is a great person to call.” Rather, in doing their research for a story they came across the name of the source from another story that may be related to the subject matter at hand. Or perhaps its because they have retained the services of a crafty internal or external public relations professional who has used past media successes to successfully merchandise the source.

Therefore you must begin to get on a reporter's “radar screen” by having media “hits” to your credit that you can begin to communicate to reporters or that can be found by using research tools like Westlaw, Lexis-Nexis, Factiva etc.

The Three Touchstones on the Way to Media Superstardom

The above illustration demonstrates the three important touchstones for media success: those publications that that cover the legal industry; those that cover the vertical markets or industries that touch your current and prospective clients; and those major national dailies and magazines that cover the waterfront of national and business news.

In order to secure a spot on Jonathan Glater's coveted short list at the New York Times, a daily business publication with a sizable circulation, you need to start with what you know best: publications that are targeted at your own industry. In our case, the business of law.

Publications that focus on the legal industry rely on news related to law firms to fill the pages of their publications. Many of these publications are narrowly focused ' covering only the legal industry in a particular city. Further, many of these publications are printed daily ' relying on the news and contributions of only a handful of firms each and every day. These publications want your opinion. After all, who better to talk about the complexities of municipal court rules in Any County, USA than the attorneys that live and breathe them every day?

Getting Started

Running on lean budgets and even leaner reporting staff, many legal industry publications (particularly at the local level) rely on two things to keep them up and running: money (either in the form of subscriptions or ad revenue) and the contributions of guest columnists. Generally speaking, these publications will set an editorial calendar that lays out, in advance, the subject matter to be covered in each issue (or in the cases of dailies, special supplements). Editorial calendars act to serve two purposes: they give advertisers advance notice of those issues where they suspect their target audience may be reading, and they give you, the potential author, the opportunity to get in front of opportunities to write on those topics that are near and dear to your heart.

In order to secure that coveted authorship spot, contact the editor responsible for a particular publication, or feature section within that publication, and begin a dialogue about how you may contribute. Be mindful that, just as you would ask a potential client what their needs are prior to beginning legal representation on their behalf, you must also be prepared to meet the needs of the respective publication you are interested in publishing in. Be sure that your topic is newsworthy, one that has not been previously written about ad nauseum (think Sarbanes Oxley) and one that will not be written as an infomercial for your own firm.

Once you have secured a commitment from the editor, go about writing your article but keep a few things in mind:

• Make your article interesting to the reader, not to you.
• Draw conclusions. When it comes to articles, no one is really interested in a simple recitation of the facts. Give them something to think about.
• Don't miss your deadlines. The surest way to guarantee that you will not have the opportunity to write a second article is to leave an editor scrambling for a replacement at the last minute your first time out!

So you've got an article published in XYZ Law Journal. Now What?

Once your article has appeared in print, now the real work begins. What do you do with it now (besides send a copy to your mother)? Merchandise it!

Beyond the conventional wisdom of securing reprints of your article to send to current clients, contacts and referral sources, one often overlooked group of people that may be very interested in what you have to say are journalists scouting for sources. While it may not be entirely necessary to forward your article to your entire media list, (although it may well be worth it if a topic is particularly timely or if you know that a certain journalist has a keen interest in one subject matter or another), you should pay close attention to the articles you begin to develop in your portfolio. Create your authorship/ media resume.

You will want to use your newly published collection of “thought leadership” to entice reporters at publications in Phase 2 and 3 of the above referenced diagram in order for them to begin to consider you as a “go to” source on a particular subject matter. You appear a much more credible source to the American Banker for a story on the market for mortgage backed securities, if you've already discussed the finer legal implications of new regulations related to the matter in the New York Law Journal. Likewise, the Wall Street Journal is very likely to be more interested in discussing the topic with someone who has written extensively on the matter, and has also been quoted extensively in vertical business publications, than someone who has no experience working with the media to their credit.

If you were a reporter at the Wall Street Journal, which pitch below would be more compelling to you?

• “I offer for your consideration on the topic of mortgage-backed securities, John Doe. John has been practicing in the area of securitization law for more than XX years, and really knows his stuff.”
• “I offer for your consideration on the topic of mortgage-backed securities, John Doe. John has been practicing in the area of securitization law for more than XX years, and he has written and commented extensively on the state of the industry for publications such as the New York Law Journal, Asset Securitization Report and the American Banker.

In Conclusion, Start with the Basics

Just as you cannot become a tenured professor without a list of publications to your credit, you cannot become a media pundit without first authoring by-lined articles for those publications that are focused on the business of law. These articles will result in new business and media opportunities for you by demonstrating precisely the sort of thought leadership that clients are looking for when they are seeking to hire outside counsel, or when journalists are trying to find the perfect sources for their story.

Jason S. Dinwoodie is the Director of Communications for Orrick, Herrington & Sutcliffe based in New York, NY. He is also a member of the Marketing the Law Firm Editorial Board. He can be reached at 212-506-5295 or 212-506-5295.