Marketing Training for the Next Generation of Rainmakers

The practice of law has seen many changes in the past 10 years. The profession has changed to become more client focused, associates are entering at higher salaries, and firms are pressured to be more efficient. All this adds up to the necessity for new associates to be productive sooner ' and that includes developing business. However, young lawyers do not learn how to develop clients during law school. They learn to research, cite cases, and think logically, but they do not learn the practical skill of getting and keeping clients. This must be taught by senior lawyers, outside consultants, or others responsible for training.

As law firms change their attitudes toward clients, they have changed their attitude toward client development training. Firms realize attorneys need brushing up on their client relation skills, marketing skills, and general communication skills. Consultants have jumped on this bandwagon by offering a variety of expensive training programs; however, training may be best conducted by successful in-house attorneys.

Marketing Training

One of the most recent developments in law firm training is the training associated with building up the practice through client relationships and improving internal working relationships among lawyers. These 'soft skills' are being identified as the key to improving a lawyer's understanding of a firm's investment in people. Losing clients because of poor service or losing good associates because of poor management is the ultimate economic aspect of training.

Marketing training began slowly 10 years ago, accelerated five years ago, and now is conducted in many of the large and medium-sized firms. Marketing training covers all aspects of business development and addresses a wide variety of areas such as public speaking skills, courting clients, making client pitches, and handling billing and collection issues. Traditional sales techniques are now finding their way into standard marketing programs. Skills in positioning, handling objections, and even closing the sale are often covered in current marketing programs.

Sources for Marketing Training

The market is flooded with a variety of options for conducting marketing and sales training. The key is to determine what the firm commitment is to the training, what the expectations of the training are, and how is success measured. This will help to determine if the program should be a one-shot deal at a retreat or an ongoing series of programs.

Prepackaged Materials

Training materials that have been designed and prepackaged are available for immediate use. These 'off-the-shelf' materials merely require someone in-house to administer the program. Typically, marketing directors with little training experience use such materials. The materials should be thoroughly reviewed by someone with an education background to determine quality, ease of use, and application.

Outside Consultant

There are a number of individuals, both lawyers and non-lawyers, who offer their services as marketing trainers. Firms should carefully interview these individuals, thoroughly check their references, and fully review their course outlines. Determine, among other things, whether the consultant's program content can be customized to your organization, and whether the materials are appropriate for your firm's type of legal practice.

In-house Program

The benefit of designing your own in-house marketing program is that it will be the most meaningful to the participants. Unfortunately a quality program can take months to design, and few attorneys are willing to spend hours in the design process. In-house programs should use real-client case studies, rainmaker presentations, and active discussion among seasoned and inexperienced lawyers.

Client Relationship Training

Client relationship training is still relatively new to many law firms. Lawyers mistakenly consider marketing training to be equivalent to relationship training, which is similar, but addresses different goals. Marketing training is geared to generating new business; relationship training is geared to building client relationships. It is hoped that the later will eventually turn into new business, but that is a bonus ' not the goal itself. An example of marketing training would be learning how to cross-sell other departments. Relationship training would be learning how to listen more effectively.

Topics

Relationship training focuses on topics that cover communication, managing expectations, and trust. The goal of the program is to enhance an attorney's personal skills. These are the skills that will endear clients, create loyalty, and possibly develop into lifelong friendships.

Interpersonal Communication. Few lawyers have spent time developing their communication skills. To improve in this area, lawyers should address their listening skills, questioning skills, and empathy skills.

Managing Expectations. Working closely with clients and giving them continuous feedback is imperative to the health of the relationship. Clients feel their case or their deal is the most important and expect their lawyer to feel the same way. Lawyers need to explain details, time frames, and possible obstacles to the clients so the legal process will become less foreign to them. Skills training in this area is based on understanding how to cut down on legalese in correspondence and in conversations.

Nonverbal Communication. A lawyer may have no idea how he or she is perceived through personal appearance, body language, and even office decor. Nonverbal communication training is best taught through demonstration.

Forms of Training

Educators might debate which is the best format to use for training; however the key is to determine what format works best for the intended audience. Lawyers have a personality and demeanor all to themselves, so the training format chosen must fit the attorneys. The type of practice area and the time allotted for the training are also factors in deciding which format would be most effective.

Behavior Modeling

Behavior modeling is when an individual watches another person perform a behavior and then copies that behavior. All topics can be taught in this manner. Marketing training can incorporate videos that role model how to make an effective pitch, and a program participant can then repeat that behavior. The key is that when the behavior is being repeated there is some form of feedback given by a facilitator. To be most effective, the facilitator should be trained in the art of giving performance-enhancing feedback.

Self-Study

Materials that are prepared to be used in a self-study mode must be well researched and well designed. Because there is no interaction among program participants, a learner is likely to learn only the point of view presented in the materials. Therefore, self-study materials should be thorough in their attempt to provide all points of view on a given topic. Self-study materials are often augmented with videos, CD-roms, and DVDs.

Case Study

Case studies used as learning tools are similar to teaching techniques used in law school; therefore, many attorneys are comfortable with this type of training. In teaching client relationship skills, the case study method is very effective. By looking at a real situation in which an attorney has failed to establish a strong relationship, the participants can develop a plan to repair the relationship. This technique can also be valuable in marketing and in management training.

Informational Sessions

Otherwise known as 'talking head' sessions, informational sessions are advantageous in disbursing information quickly. This however does not give the participants opportunity to process or use this information in an informal training session. Therefore these sessions should be limited to topics that are quickly absorbed without an application component.

Cost-Benefits of Training

It is difficult to measure an intangible learning experience. The benefits of attending a training program may not manifest themselves until the participants find themselves in the exact situation that was discussed during the session. At that point the skills learned are implemented, and the desired outcome is the result. It is almost impossible to measure what that is worth. In the area of marketing training, however, it is possible to try to measure revenues as a result of learned skills. A systematic and financial approach will have to be devised prior to training, and participants will need to be informed. The costs of training can range from the intangible loss of billable hours for an attorney who designs and conducts programs to the very tangible fees of consultants.

In-house Attorneys

When possible, use your own lawyers and professional development or marketing staff to conduct programs because this will be least costly. However, it is rare to find an attorney who is willing to spend the appropriate level of time required. Firm management must support in-house training efforts so that designated lecturers feel rewarded for their time investment.

In-house Trainer/Professional Development Staff

Most of the large firms (150+ lawyers) have hired either a lawyer or a non-lawyer to act as the firm's full-time professional development director. A professional development person can take the burden off in-house lawyers by doing research and creating materials, thereby requiring less preparation time. This can be quite successful because the program is developed in-house, and the presenter is familiar with the material.

Outside Speakers

Outside lecturers are the easiest to deal with ' they are scheduled, show up to teach, and get paid. The easiest, however, can be the most expensive. Research must be conducted to ensure you have the right person to teach the program. Qualifications to evaluate in a speaker include educational background; previous clients; program content; stage presence; and, most importantly, ability to engage the participants.

Miscellaneous Costs

You cannot forget to account for all the small costs associated with putting on a training program. If a program is off-site there are rental expenses at the hotel or facility for equipment, space, and food. If the program is on-site there are still expenses for refreshments, photocopies, and sometimes staff overtime. Material fees may or may not be included in outside speakers' costs, so find out if you have separate per person charges for books, etc.

Billable Time

Only your firm can decide whether or not to count loss of billable time as an expense. Some firms choose to conduct training at lunch, in the evenings, or on the weekends.

Evaluation of Training

Within the study of adult education, researchers have devised a theory of evaluation that is often used as a model for educational programs. This model focuses on four levels of evaluation that can measure a program's successfulness.

Participant's Opinion

This most commonly used level of evaluation is typically called a 'smile sheet.' It evaluates whether or not a participant enjoyed the program. An evaluation form is used to ask questions about the program, the content, and the speaker. This level of evaluation is most often used in large group informational sessions. The value in this type of evaluation is that it gives immediate feedback about the program.

Information Regurgitation

The next level of evaluation is based on the participants' ability to repeat information learned within a training session. This evaluation is usually given in the form of a test. Training designed to impart factual information is best measured using this approach. Within a law firm context this level of feedback can be reserved for bar review courses.

Demonstration

A more meaningful measure of program success is when a participant can demonstrate the learned skill. In a program that is based in behavior modeling, a participant will be asked to role-play the behaviors that were learned. At this point, if the behaviors (i.e., asking clients questions) have been demonstrated by the participant, it is appropriate to say the skills have been successfully learned. For marketing training this is the most effective measure that the attorney will be able to implement what was learned.

Return on Investment

This is the most difficult of all levels of evaluation because training and skills development often cannot be affixed with a monetary value. When a skill can be tied to an end result that can be associated with a cost reduction or a revenue enhancement, then a return on investment can be determined. To establish the success of marketing training, a measurement can be taken of the participants' 'marketing efforts' (in whatever format your firm measures) prior to the training and then six months to one year following the training.

Sharon Meit Abrahams, Ph.D., a member of this newsletter's Board of Editors, is the director of professional development for the international law firm, McDermott Will & Emery, LLP. She has more than 20 years of experience in the training and education field and specializes in client relations, marketing, sales, communication, and management development training. She can be reached at [email protected].

The practice of law has seen many changes in the past 10 years. The profession has changed to become more client focused, associates are entering at higher salaries, and firms are pressured to be more efficient. All this adds up to the necessity for new associates to be productive sooner ' and that includes developing business. However, young lawyers do not learn how to develop clients during law school. They learn to research, cite cases, and think logically, but they do not learn the practical skill of getting and keeping clients. This must be taught by senior lawyers, outside consultants, or others responsible for training.

As law firms change their attitudes toward clients, they have changed their attitude toward client development training. Firms realize attorneys need brushing up on their client relation skills, marketing skills, and general communication skills. Consultants have jumped on this bandwagon by offering a variety of expensive training programs; however, training may be best conducted by successful in-house attorneys.

Marketing Training

One of the most recent developments in law firm training is the training associated with building up the practice through client relationships and improving internal working relationships among lawyers. These 'soft skills' are being identified as the key to improving a lawyer's understanding of a firm's investment in people. Losing clients because of poor service or losing good associates because of poor management is the ultimate economic aspect of training.

Marketing training began slowly 10 years ago, accelerated five years ago, and now is conducted in many of the large and medium-sized firms. Marketing training covers all aspects of business development and addresses a wide variety of areas such as public speaking skills, courting clients, making client pitches, and handling billing and collection issues. Traditional sales techniques are now finding their way into standard marketing programs. Skills in positioning, handling objections, and even closing the sale are often covered in current marketing programs.

Sources for Marketing Training

The market is flooded with a variety of options for conducting marketing and sales training. The key is to determine what the firm commitment is to the training, what the expectations of the training are, and how is success measured. This will help to determine if the program should be a one-shot deal at a retreat or an ongoing series of programs.

Prepackaged Materials

Training materials that have been designed and prepackaged are available for immediate use. These 'off-the-shelf' materials merely require someone in-house to administer the program. Typically, marketing directors with little training experience use such materials. The materials should be thoroughly reviewed by someone with an education background to determine quality, ease of use, and application.

Outside Consultant

There are a number of individuals, both lawyers and non-lawyers, who offer their services as marketing trainers. Firms should carefully interview these individuals, thoroughly check their references, and fully review their course outlines. Determine, among other things, whether the consultant's program content can be customized to your organization, and whether the materials are appropriate for your firm's type of legal practice.

In-house Program

The benefit of designing your own in-house marketing program is that it will be the most meaningful to the participants. Unfortunately a quality program can take months to design, and few attorneys are willing to spend hours in the design process. In-house programs should use real-client case studies, rainmaker presentations, and active discussion among seasoned and inexperienced lawyers.

Client Relationship Training

Client relationship training is still relatively new to many law firms. Lawyers mistakenly consider marketing training to be equivalent to relationship training, which is similar, but addresses different goals. Marketing training is geared to generating new business; relationship training is geared to building client relationships. It is hoped that the later will eventually turn into new business, but that is a bonus ' not the goal itself. An example of marketing training would be learning how to cross-sell other departments. Relationship training would be learning how to listen more effectively.

Topics

Relationship training focuses on topics that cover communication, managing expectations, and trust. The goal of the program is to enhance an attorney's personal skills. These are the skills that will endear clients, create loyalty, and possibly develop into lifelong friendships.

Interpersonal Communication. Few lawyers have spent time developing their communication skills. To improve in this area, lawyers should address their listening skills, questioning skills, and empathy skills.

Managing Expectations. Working closely with clients and giving them continuous feedback is imperative to the health of the relationship. Clients feel their case or their deal is the most important and expect their lawyer to feel the same way. Lawyers need to explain details, time frames, and possible obstacles to the clients so the legal process will become less foreign to them. Skills training in this area is based on understanding how to cut down on legalese in correspondence and in conversations.

Nonverbal Communication. A lawyer may have no idea how he or she is perceived through personal appearance, body language, and even office decor. Nonverbal communication training is best taught through demonstration.

Forms of Training

Educators might debate which is the best format to use for training; however the key is to determine what format works best for the intended audience. Lawyers have a personality and demeanor all to themselves, so the training format chosen must fit the attorneys. The type of practice area and the time allotted for the training are also factors in deciding which format would be most effective.

Behavior Modeling

Behavior modeling is when an individual watches another person perform a behavior and then copies that behavior. All topics can be taught in this manner. Marketing training can incorporate videos that role model how to make an effective pitch, and a program participant can then repeat that behavior. The key is that when the behavior is being repeated there is some form of feedback given by a facilitator. To be most effective, the facilitator should be trained in the art of giving performance-enhancing feedback.

Self-Study

Materials that are prepared to be used in a self-study mode must be well researched and well designed. Because there is no interaction among program participants, a learner is likely to learn only the point of view presented in the materials. Therefore, self-study materials should be thorough in their attempt to provide all points of view on a given topic. Self-study materials are often augmented with videos, CD-roms, and DVDs.

Case Study

Case studies used as learning tools are similar to teaching techniques used in law school; therefore, many attorneys are comfortable with this type of training. In teaching client relationship skills, the case study method is very effective. By looking at a real situation in which an attorney has failed to establish a strong relationship, the participants can develop a plan to repair the relationship. This technique can also be valuable in marketing and in management training.

Informational Sessions

Otherwise known as 'talking head' sessions, informational sessions are advantageous in disbursing information quickly. This however does not give the participants opportunity to process or use this information in an informal training session. Therefore these sessions should be limited to topics that are quickly absorbed without an application component.

Cost-Benefits of Training

It is difficult to measure an intangible learning experience. The benefits of attending a training program may not manifest themselves until the participants find themselves in the exact situation that was discussed during the session. At that point the skills learned are implemented, and the desired outcome is the result. It is almost impossible to measure what that is worth. In the area of marketing training, however, it is possible to try to measure revenues as a result of learned skills. A systematic and financial approach will have to be devised prior to training, and participants will need to be informed. The costs of training can range from the intangible loss of billable hours for an attorney who designs and conducts programs to the very tangible fees of consultants.

In-house Attorneys

When possible, use your own lawyers and professional development or marketing staff to conduct programs because this will be least costly. However, it is rare to find an attorney who is willing to spend the appropriate level of time required. Firm management must support in-house training efforts so that designated lecturers feel rewarded for their time investment.

In-house Trainer/Professional Development Staff

Most of the large firms (150+ lawyers) have hired either a lawyer or a non-lawyer to act as the firm's full-time professional development director. A professional development person can take the burden off in-house lawyers by doing research and creating materials, thereby requiring less preparation time. This can be quite successful because the program is developed in-house, and the presenter is familiar with the material.

Outside Speakers

Outside lecturers are the easiest to deal with ' they are scheduled, show up to teach, and get paid. The easiest, however, can be the most expensive. Research must be conducted to ensure you have the right person to teach the program. Qualifications to evaluate in a speaker include educational background; previous clients; program content; stage presence; and, most importantly, ability to engage the participants.

Miscellaneous Costs

You cannot forget to account for all the small costs associated with putting on a training program. If a program is off-site there are rental expenses at the hotel or facility for equipment, space, and food. If the program is on-site there are still expenses for refreshments, photocopies, and sometimes staff overtime. Material fees may or may not be included in outside speakers' costs, so find out if you have separate per person charges for books, etc.

Billable Time

Only your firm can decide whether or not to count loss of billable time as an expense. Some firms choose to conduct training at lunch, in the evenings, or on the weekends.

Evaluation of Training

Within the study of adult education, researchers have devised a theory of evaluation that is often used as a model for educational programs. This model focuses on four levels of evaluation that can measure a program's successfulness.

Participant's Opinion

This most commonly used level of evaluation is typically called a 'smile sheet.' It evaluates whether or not a participant enjoyed the program. An evaluation form is used to ask questions about the program, the content, and the speaker. This level of evaluation is most often used in large group informational sessions. The value in this type of evaluation is that it gives immediate feedback about the program.

Information Regurgitation

The next level of evaluation is based on the participants' ability to repeat information learned within a training session. This evaluation is usually given in the form of a test. Training designed to impart factual information is best measured using this approach. Within a law firm context this level of feedback can be reserved for bar review courses.

Demonstration

A more meaningful measure of program success is when a participant can demonstrate the learned skill. In a program that is based in behavior modeling, a participant will be asked to role-play the behaviors that were learned. At this point, if the behaviors (i.e., asking clients questions) have been demonstrated by the participant, it is appropriate to say the skills have been successfully learned. For marketing training this is the most effective measure that the attorney will be able to implement what was learned.

Return on Investment

This is the most difficult of all levels of evaluation because training and skills development often cannot be affixed with a monetary value. When a skill can be tied to an end result that can be associated with a cost reduction or a revenue enhancement, then a return on investment can be determined. To establish the success of marketing training, a measurement can be taken of the participants' 'marketing efforts' (in whatever format your firm measures) prior to the training and then six months to one year following the training.

Sharon Meit Abrahams, Ph.D., a member of this newsletter's Board of Editors, is the director of professional development for the international law firm, McDermott Will & Emery, LLP. She has more than 20 years of experience in the training and education field and specializes in client relations, marketing, sales, communication, and management development training. She can be reached at [email protected].