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Revisiting MLF 2008: What You Missed!

By Elizabeth Anne 'Betiayn' Tursi
January 29, 2009

Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.

JULY

Ari L. Kaplan, a member of this newsletter's Board of Editors, wrote a great article on:

Business Development Does Not Have to Be a Pain in the Associate

Business development and creative networking are often mysteries to many lawyers, particularly associates. Ironically, the more junior one is, the better his or her chances of becoming a wildly successful rainmaker because the process is very much like investing. Unfortunately, the profession teaches lawyers to think about this many years into the future, but once they get there, they wish they had thought about it many years in the past. The key is to use a roadmap to look ahead with enthusiasm and create opportunities, rather than consider those one may have missed.

Networking

From LinkedIn to MySpace, this is easier now more than ever because there is more information that can help find common points and more quickly establish the foundation for a meaningful relationship. Nurture that relationship by staying in touch using online calendars, remembering birthdays, blogging, writing articles, hosting panels, starting a charity and creating a television show, among many other ideas.

The Science of Self-Promotion

The key is to focus on others, on their accomplishments, on issues of importance to the community at large and to be interesting. Distinguish yourself by being an interesting person and reminding others what you do and how well you do it. That effort can come in many forms and should be customized to your skill set and comfort level. Ultimately, rainmaking and self-promotion are learned skills. There are immensely talented people in-house at law firms who have sophisticated communication skills. Learning from them is essential because those who achieve the greatest success tend to be excellent storytellers, who can convey their expertise and understanding of a client's issue in a simplified and memorable fashion.

The Authentic Mentoring Relationship

Get a mentor, but not just anyone. There is a difference between having a mentor and creating an authentic mentoring relationship. Mentors tend to be assigned by firms and bar associations. They can be very effective, but mentoring relationships that organically evolve tend to last for one's entire career.

Live an Interesting Life

Ultimately, focus less on building a successful career and more on living an interesting life. Becoming a good lawyer is a given ' you must be skilled, though not necessarily world-renowned. Then make friends, not contacts. Engage with the community and your peers. And, have fun.

AUGUST

Joshua Fruchter, a member of this newsletter's Board of Editors, president and co-founder of eLawMarketing and a regular columnist wrote:

The Top 10 Law Firm Web Site SEO Best Practices

This column reviews the top 10 law firm Web site SEO best practices. The “best practices” are divided into two types ' “pre-launch” best practices implemented while your Web site is being designed and coded, and “post-launch” best practices to follow after your Web site has launched.

Pre-Launch Best Practices

One: Compose Unique, Accurate, and Catchy Title and Meta Description Tags

The title and meta description tags are pieces of descriptive text in a Web site's source code that describe each page of your Web site. While not visible on the Web site itself, they are accessible to search engine spiders to help them understand what a particular Web page is about.

Good site management software (also known as content management software, or “CMS”) makes it easy for site administrators to customize title and description tag copy for individual site pages before publishing those pages to the Web site.

Aside from helping search engines accurately categorize and display your Web pages in search results, title and description tags also directly influence the percentage of searchers who click on the link to your Web site in a search result.

Because they are displayed to searchers, well-written title and description tags can boost the percentage of searchers who click through to your Web site whenever it is displayed in search results. Conversely, poorly written (e.g., vague, incomprehensible) title and description tags discourage searchers from clicking through to your Web site.

Two: Use Targeted Keywords in Visible Page Text

Search engines evaluate the mix of all the words on a Web page to determine what a page is about. In other words, the keywords on a Web page help search engines determine the relevancy of a page to search engine queries, and thus whether a particular page should be displayed in the search results. As such, it is important to use targeted keywords as much as possible in the visible body copy on a page.

At the same time, indiscriminately stuffing a page with targeted keywords is not a good idea, and could even result in being penalized if detected by search engines. Poorly written copy will also turn off visitors. As such, the copy on a page should make sense to the average reader of the page.

Finally, the literal quantity of indexable content on a page can be a factor. Each page on your Web site doesn't need to have a lot of content, but it should have some. This is one reason why pages that are exclusively Flash don't generally rank well ' there is no text for spiders to index. Additionally, Flash causes problems for Google's spider, and thus makes a Web site less search-engine friendly.

Three: Enclose Targeted Keywords in H1 and Other Tags

The H1 tag is a headline tag intended to summarize the topic of a particular page. As such, search engines often use this tag to determine relevancy. One problem with the H1 tag is that in default mode, it displays as a large font size, and thus text enclosed within H1 tags look huge and unappealing. The solution is to use style sheets to control how text enclosed in H1 tags displays. Because the H1 tag is a high-level thematic signal, it should only be used sparingly on any individual page. Overuse can be detrimental and may appear as “spamming.”

Some SEO experts also recommend discretely enclosing keywords in other tags such as bold, italics and H2 and H3 header tags.

Four: Use Targeted Keywords in Image ALT Tags

The ALT tag is a tag associated with images that describes what the image is about when one hovers one's mouse over the image. Search engine spiders can't read the copy in an image, but they can read the ALT text associated with an image. Additionally, when crawling a link from one Web page to another Web page (the “destination page”), Google utilizes the text comprising the link (a.k.a. the “anchor text”) to determine what the destination page is about. When an image is used as a link, the ALT tag functions as its “anchor text.” Finally, ALT tags can occasionally drive traffic from image searches on Google and elsewhere.

Five: Update Web Site Pages Frequently

Search engines like to see frequent site updates since this means the content is fresh, and therefore probably more relevant.

Six: Engage in Internal Linking on the Web Site

Since Google and other search engines crawl the links on each page of your Web site (starting with the homepage) to find other pages on your Web site, linking to internal pages on your Web site from the home-page and secondary pages can be helpful to boost the search ranking of the destination pages. When doing so it is important to use descriptive “anchor text” in the hyperlink so search engines get a better idea what the destination page is about.

Seven: Link to High Quality, Topically Related Pages on
Third-Party Web Sites

Many law firms have a “resources” section on their Web sites with links to third-party sites of possible interest to their client base. Such outbound links help define the community to which your site belongs. Linking to quality, topically related pages builds trust in your domain.

Post-Launch Best Practices

Eight: Monitor Site Traffic with Analytics Software

Continually monitoring traffic to your Web site after launch with an analytics tool like Google Analytics can provide helpful insights. First, you'll identify “referral sources”; that is, other Web sites driving traffic to your site. This will help you determine the value of links from third-party Web sites to your site traffic. You'll also be able to measure the impact on site traffic of such online marketing initiatives as e-mail marketing campaigns. Second, analytics software identifies the keywords plugged into search engines that are driving traffic to your site. This will help you determine what keywords interested parties are using to find your Web site, and tweak your site copy and title and description tags accordingly.

Nine: Monitor Your Web Site with Google's Webmaster Tools

Because Google is such an influential search engine, periodically testing your Web site with Google's Webmaster diagnostic tools is important.

Ten: Aggressively Develop and Solicit Inbound Links

The number of inbound links from topically related sites is one of the most important criteria used by Google and other search engines to rank sites in search results. Accordingly, after its Web site launches, a law firm should aggressively seek to increase the number of inbound links from other topically related sites to the site's homepage and secondary pages. As noted, ideally, the “anchor texts” in these links should be descriptive of the destination page (instead of using a phrase like “click here”).

In conclusion, follow these law firm Web site SEO best practices, and you'll likely see improving search engine rankings and traffic over time for the keywords that matter most to your firm.

SEPTEMBER

In September, Catherine Alman MacDonagh, President and Co-Founder of the Legal Sales and Service Organization, and Laura Colcord, an internationally known Process Improvement expert, wrote an article for the Legal Sales and Service column:

Process Improvement for Law Firms MBD: Are You Operating at Optimum Efficiency?

All law firm leaders are responsible for ensuring that processes are running at optimum efficiency. Until now, process improvement courses have been designed to serve the needs of those in manufacturing rather than professional services. Perhaps it is because process improvement requires a certain organizational commitment and discipline that some law firms just don't possess. Or maybe it's because we don't know where to start ' and besides, how can we focus on this when we fight fires all day long anyway?

Why Process Improvement Is for You

In a marketing and business development department, there are many processes. Consider all of the activities in which we are engaged: firm events, responding to RFPs, the sales cycle, client team models, coaching, client development, lateral integration, strategic planning, client service, and so on.

The marketing and business development department exists to serve ' we are the service arm of a service business. Our clients are both internal (the firm) and external (the firm's clients). The things we do and the way we do them affect ourselves, the firm and our clients, so we must care about our processes.

As soon as we start to describe and measure a process, we will begin to see things that could be improved, either in the client's eyes or the firm's eyes or both. In fact, most of our processes fall far short of their potential and improving them will benefit BOTH the client and the firm.

There is tremendous external pressure for a firm to engage in process improvement. Changes in the business environment are constant and are taking place at an ever-increasing rate. Clients, partners, employees, and regulators all contribute to these changes, which, in turn, create requirements for higher process capabilities and higher process efficiencies.

If you're not already engaged in process improvement, there's another compelling reason to start now. Other law firms and, more important, clients are already using process improvement to their advantage.

Solving the Fire-Fighting Doom Loop

Getting out of the “doom loop” takes some doing ' it certainly seems that a good portion of any law firm administration professional's career is spent putting out fires, leaving little time for proactive work. There are three steps we can take to solve the seemingly inescapable “doom loop”: Evaluate, Prioritize and Improve.

First, we evaluate. This is done by objectively measuring process capabilities and efficiencies. Then, we prioritize by deciding which processes (and which aspects) most need attention. Then, we improve by employing a process improvement methodology (such as Six Sigma, Lean or LeanSigma) to bring the process to the required performance and efficiency level.

Lean Sigma uses a disciplined problem solving approach to execute projects. It is commonly known as DMAIC and is almost a mantra for process improvement practitioners. The acronym stands for:

  • Define the problem and why it needs to be solved;
  • Measure the current performance of the process;
  • Analyze the opportunities to reduce waste or variation;
  • Improve the process by identifying, implementing and validating process changes; and
  • Control the process by implementing methods to ensure improvements will be sustainable.

Lean + Six Sigma = Lean Sigma

Lean and Six Sigma are complementary methodologies and now are often used together. The focus of Lean is to simplify processes (or do the right things), eliminate waste or extra steps, maximize process speed, greatly improve productivity and scrutinize resource efficiency.

Six Sigma is concerned with variation and therefore looks at the relationships between variables. Our focus is on process capability and aligning capabilities with requirements. Our goal is to reduce and control variation (do things right). We care about variation because if processes vary, sometimes the results will be outside the client's acceptable range. Also, they can be harder to operate, and require more resources, if they vary.

Systematic Process Improvement

The important thing to know is that process improvement isn't just about a project. It's about baking it into your firm culture, it's continuous and systematic.

Take a case study from Morgan Lewis's Richard J. Sabat, a Six Sigma Green Belt. Morgan Lewis developed a Six Sigma legal services model “that reduces, often by more than 25%, the cost of delivering legal service for mortgage loan transactions.” Reportedly, the project was commenced first in 1974, employed on an institutional basis in 1988, retooled in 1997 and then again from 2000-2003.

Most firms that use Lean or Six Sigma to improve processes begin by focusing on learning and applying tools to improve local “hot spots.” In fact, Process Improvement programs should be thought of as having a place on a continuum that varies in scope and depth, and particularly in effectiveness and impact.

In sum, process improvement involves a learning curve, complex concepts and real discipline. However, when you're a process improvement practitioner, you can articulate the case for specific projects within your law firm that produce significant, measurable results. This is not only empowering, it adds to your credibility and makes you truly valuable.

OCTOBER

The Professional Development column is shepherded by Dr. Sharon Meit Abrahams, the Director of Professional Development at McDermott Will & Emery, LLP, and a member of this newsletter's Board of Editors. In October, we were privileged to have Sharon write a piece entitled:

A Guide to Connecting with Potential Clients

Following are a few tips that will help you feel prepared and confident in potential business development situations.

Prepare for Small Talk

Anticipate the fact that you will need to make some small talk. If you are not normally a gregarious, outgoing person it is difficult to know what to say to strangers or people you have just met. The thought of sharing a meal at a function with seven or nine unknown individuals can leave a person at a loss for words. Prepare yourself for small talk by doing the following:

  • Read at least the front page of one newspaper a day ' a local paper is always available even if you are traveling, but choose a global paper like The Wall Street Journal or USA Today, which are usually available in hotel lobbies. Discussing world events (stay away from religion and politics) is a suitable conversation starter.
  • Listen to a news radio station if you do not have time to read the paper. This is a good way to use your time wisely when you sit in traffic, on the subway or on a bus on the way to the event.
  • Read industry-related newsletters or publications. If you are attending an industry function or meeting prospective clients, this is must.
  • Peruse professional journals for hot topics. Subscribe to an executive summary publication or audio service ' the summaries they provide are from the latest business books and magazines.
  • Download podcasts. Many professional associations, radio stations and educational companies now have programs, updates and other tidbits of information that you can download directly to your MP-3 player.
  • Ask questions. All people like to talk about themselves, so ask open-ended dialog-encouraging questions.

Upon Arrival

When you first arrive at a function, take stock of the situation. Look around the room. Where is the food, the bar and the head table? Determine where people are congregating. Are they by a bar, a vendor table or just standing around? Is there an activity like a display or entertainment that people are involved in? Getting a sense of the room will alleviate some of your discomfort.

Change Your Mental Attitude

Offer to sit at the registration table, to hand out nametags, or to escort important guests to the head table. By taking charge, you exhibit confidence and helpfulness. People meeting you will have a positive first impression, which can lead to another more in-depth conversation later at that function or at the next function.

The Art of Mingling

The best way to start a conversation is to ask good questions. Ask people about themselves ' their jobs, their companies, their roles within the organization, their experience with the association, etc. If you spend 80% of your time asking questions (and listening to the responses) and just 20% of your time talking, people will remember you as an interested conversationalist, and seek you out in the future.

Conclusion

Making a connection is a skill, a technique and an attitude. You can learn how to do it, but you have to have the desire and tenacity. It just takes practice, practice and more practice.

NOVEMBER

In November, we revealed the highly anticipated Fourth Annual MLF 50. Below is a significantly pared-down version of the accompanying article to the listing:

The Fourth Annual MLF 50: The Top Firms in Marketing And Communications

With the current downturn in business, one would think that perhaps marketing and communications might be taking a holiday. The good news is that for 50 firms, marketing is front and center. To say the least, it has been an interesting year. We have all read about the layoffs, the restructuring of some firms and even the demise of others. What went wrong isn't important. What is important is that many firms are utilizing the capabilities of their marketing and communications departments in ways that they believe can capitalize on the downturn and even create profits. I want to say that it doesn't really matter where a firm ranked on this list. What does matter is that the firms on the list are examples of how first-class, first-rate marketing and communications can move the agenda of a law firm forward in a strategic manner and in so doing become invaluable to the success of the firm.

In formulating the criteria for this year, special emphasis was placed on firms that did more with less. While some law firms on the MLF 50 have not decreased their budgets and, in fact, many at the top of the list have increased their budgets, others have developed creative strategies that didn't “break the bank.”

Once again this year, many firms submitted detailed descriptions of their marketing, business development and communications programs. Some of the firms that are listed provided no information. As with past practice for those firms, extensive research was conducted. It should be noted that while I would have liked to feature examples of the ad campaigns that some firms created, this particular cover story is about strategy and the success of that strategy. I would also like to take this opportunity to thank Bill Crooks of Priority Search and a member of our Board of Editors for assisting me with follow-up on several firms.

Herewith, the submissions of the Top Five firms in this year's rankings.

NUMBER ONE: PROSKAUER ROSE

Proskauer, last year's top-ranked firm in the MLF 50, is again at the top and after you read about them, you will know why.

The firm has sustained the momentum it began building on Oct. 1, 2005, when the beginnings of a new marketing and business development team joined the firm. Under the leadership of Chief Marketing Officer Joseph Calve, the group has moved quickly to reinvent the firm's go-to-market strategy and transform virtually all aspects of its marketing and business development operation. Going forward, the firm is poised to accelerate the efforts that led MLF first to name it to the Top 10, and then, after just three years, to honor it with the top ranking in two consecutive years.

Flash back to Proskauer in the summer of 2005. The marketing department consisted of some 20 people, all but two located in New York and half of whom worked in its creative services group as designers, desktop publishers and Web administrators. Most of the balance of the group was scattered among events and database administration, with just a handful of junior staffers devoted to business development.

Proskauer had no department leader and no directors, managers or coordinators. Virtually everyone was a specialist, administrator or assistant. As mentioned above, only a small number of staffers, most junior-level, were devoted to business development and no one focused on important areas such as communications or competitive intelligence.

The firm was saddled with a first-generation Web site, it had no CRM system (the firm's contacts were maintained in an inflexible and inefficient DOS-based system few could operate), there was no experience database, making it a fire drill to respond to RFPs or get directory submissions and proposals out the door, and there was little if any professional collateral to speak of. Various business development initiatives had been attempted, but nothing had been sustained. The department budget, including salaries, was less than 1% of firm revenue.

That was three years ago.

As of today, the staff has more than doubled, and it has been completely reshaped. The firm has hired three experienced directors who cover marketing, communications and client development, along with a talented staff of managers, specialists and coordinators spread across offices in New York, Los Angeles, Washington, DC, London, Paris, Chicago and Boston. The staff includes two dedicated competitive intelligence professionals, a small group of knowledge managers, three experienced database managers, and a top-notch communications and design team. The new team members brought experience from a variety of AmLaw 100 firms.

Like last year, Proskauer is ahead of the curve in all respects. Joe and his staff are to be commended for their capabilities and for shaping what I believe to be the “new Proskauer.”

NUMBER TWO: K&L GATES

K&L Gates, which was Number 16 on last year's MLF 50, takes its place for the first time among the Top Five, coming in at Number Two.

K&L Gates LLP is a global law firm of approximately 1,700 lawyers located in more than two dozen cities across the United States, Europe and Asia. The firm has grown considerably over the last several years, including the execution of four major law firm combinations since 2005: Nicholson Graham & Jones (January 2005), Preston Gates & Ellis (January 2007), Hughes & Luce (January 2008), and Kennedy Covington (July 2008). During this time, there has also been vast international firm growth, including offices in London, Berlin, Paris, Shanghai, Beijing, Taipei and Hong Kong.

The K&L Gates marketing department has expanded and evolved as well throughout this rapid firm growth, now comprising roughly 60 professionals across 15 offices. Led by Chief Marketing Officer Jeff Berardi, the department is charged with supporting the marketing and business development activities of all K&L Gates lawyers.

The firm believes that a deep appreciation for clients' concerns, challenges and business objectives is the foundation for successful business development. To that end, K&L Gates has created a substantive and sophisticated brand and positioning platform that aligns its interests with those of firm clients. The brand communicates K&L Gates' unified commitment to providing the highest level of client service and quality legal counsel in all firm offices, and is strengthened by continuous and active measures to support, enhance and bolster the valued relationships that K&L Gates maintains with clients. In its 2008 Survey of Client Service Performance for Law Firms, the BTI Consulting Group reinforced the firm's commitment to clients by naming K&L Gates one of the top 30 law firms in client service as compared with more than 500 other leading firms. The rankings were the results of more than 250 independent, individual interviews with corporate counsel at Fortune 1000 companies and other large organizations.

The K&L Gates marketing department supports firm lawyers with an array of services aimed at increasing the value provided to firm clients, and the team works with practices and offices to develop and implement integrated programs and targeted activities, such as client feedback programs and internal client service teams that help ensure the retention of existing clients and enable the steady growth of new business. As the firm has grown through various mergers and combinations, it has been essential for the department to integrate quickly and efficiently, successfully joining together different cultures, styles and personalities. Furthermore, the department has been able to effectively manage costs by developing the vast majority of design, production and public relations work in-house.

The team actively collaborates with recruitment professionals to enhance their outreach to law students and lateral associate and partner candidates, with the Pro Bono Committee to facilitate continued growth of the firm's efforts in this area, and with K&L Gates' Director of Diversity to ensure outreach to a diverse professional population. As part of a joint initiative between the marketing and professional development departments, the firm also offers a substantive Client Development and Relationship Management (CDRM) curriculum for K&L Gates partners and associates across the firm. The CDRM curriculum includes Business Intelligence programs, moderated partner panels to discuss aspects related to career progression, networking skills training, and numerous other workshops.

Beyond the obvious internal and external marketing challenges that are presented by law firm combinations, such as team integration and branding, it is also essential to consider the legacy firms' existing business development and client relationship functions. In the case of the January 2007 combination of Kirkpatrick & Lockhart Nicholson Graham and Preston Gates & Ellis, the challenge facing Jeff Berardi was how best to meld the two firms' specific business development activities in order to create one formal client-focused tracking and measurement program.

K&L Gates' successful business development re-engineering efforts began with combining two distinct proposal tracking programs. First-year results of this integration showed a 20% increase in the firm's responses to RFPs, a 40% increase in the firm's proposal wins, and a 17% increase in the firm's win ratio.

At the heart of K&L Gates' business development function is a system created to track, report and ultimately refine the firm's client development efforts. All opportunities for new business ' requests for proposal, requests for information, responses to client inquiries, identified prospects ' are entered into a central repository, along with corresponding detail on practices, offices and lawyers involved, type of work, value, referral sources and next steps for follow-up. The data is entered and maintained by the firm's business development team, and monthly pipeline reports are generated from the repository and used by the team to follow up with the lawyers involved.

K&L Gates' marketing department places a high level of emphasis on qualities such as teamwork and collaboration, and consists of a set of professionals that interact frequently with lawyers to define and implement strategic initiatives. Divided into two main functional areas ' central marketing and business development ' the department approaches overall operations as an intertwined balance between awareness-building activities related to marketing, and revenue building activities related to business development.

In its May/June 2008 cover story, Law Firm Inc., a sister publication of MLF, named Jeff Berardi one of only five law firm C-suite Innovators of 2008. Jeff certainly deserves that accolade and more.

NUMBER THREE: JENNER & BLOCK

Jenner & Block moves up from Number Seven to Number Three on this year's list.

The Jenner & Block Marketing Department, led by Chief Marketing Officer Theresa Jaffe, distinguishes itself by seamlessly integrating into one of the industry's most dynamic and well-regarded law firms. Just as best-in-class business relationships are typified by an alignment of values and culture, Jenner & Block's Marketing Department is aligned with the partners at every level. This alignment allows the marketing team to develop programs, alliances and protocols that anticipate the needs of the partners and the firm on an enterprise level. Jenner & Block has about 500 lawyers and offices in Chicago, New York and Washington, DC. The firm has earned a place on The American Lawyer's A-list three times since its inception in 2003.

Jenner & Block's mission statement was developed eight years ago as part of a major strategic planning process the firm undertook. It reads: “To exceed our clients' expectations every day by providing the highest caliber of legal counsel and advice, to contribute to the legal profession, to maintain our long tradition of public and community service, and to provide our people with outstanding and challenging career opportunities.”

In 2000, as part of the firm's new strategic plan, the marketing department was formed. The marketing department has its own Mission Statement: “To provide strategic counsel, programs, solutions, tools and services Firmwide to help secure prospective new business opportunities; strengthen and expand existing client and other Firm relationships; achieve increased market position; strengthen the firm's visibility and name recognition; and improve profitability and market share,” which supports the firm's mission.

Since its beginnings eight years ago, everything that the Jenner & Block marketing department does is tied to the firm's mission statement and strategic plan. The department always has the “big picture” in mind. It supports all key activities of the firm ' including the practice groups, legal recruiting, pro bono, diversity, human resources, and professional development.

The marketing department conducts market assessment, builds brand awareness, performs lead generating activities, manages business development activities including the proposal process and builds strategic alliances all of which are in lockstep with the mission of the firm and the Department.

The marketing department at Jenner & Block has been highly successful because it has influenced others in the organization to actively embrace marketing practices and principles. Therefore, the execution of activities is highly leveraged and the Department has achieved remarkable results. For instance, the marketing department will design and lead a project with the execution done by another department. An example of this is database management, which is led by the marketing team and executed by the technology department. The impact of the department's work is measured every month via a set of metrics designed around the services it provides. Yearly reports are prepared showing the results that have been achieved documenting the year-to-year growth and impact of the department.

There is much talk in our industry about marketing professionals getting “a place at the table.” The vision the Jenner & Block partners had for the marketing department at its inception eight years ago, which is now in sharp focus, was to develop a marketing function with the same level of skill, dedication and impact as the attorneys of Jenner & Block provide to their clients. With the hiring of Theresa Jaffe, who built a team of skilled professionals with a diverse and unique set of skills, this vision was brought to life. This uncanny mix of strategy, tactics and skill has produced a marketing function unlike any other in the industry. The department's skill set is strong and flexible capable of supporting a significant number of simultaneous marketing initiatives.

NUMBER FOUR: GOODWIN PROCTER

Thought leadership and effective positioning has long been core to Goodwin Procter's marketing and business development strategy, and 2007/2008 was no exception. From early in the new millennium, the firm has gone to market by industry practice groups, several of which are considered its “areas of strategic focus.” These practices include private equity, tech and life sciences, intellectual property, real estate/real estate capital markets, financial services and product liability/mass torts, and are supported by significant “core” practices such as fund formation, securities litigation, white-collar crime and government investigations, financial restructuring and tax. A key driver of Goodwin Procter's overall marketing plan is positioning the firm by focusing on its areas of strategic focus ' and a key driver of positioning the firm's practices is through leveraging its intellectual capital through thought leadership initiatives. Under the superb leadership of Chief Marketing Officer Anne Malloy Tucker, these initiatives include the integration of targeted tactical activities such as: client alerts, custom publications, op-ed and opinion pieces, targeted media placements and commentary, speaking engagements and roundtables, customized events (some solely produced and others co-sponsored) such as breakfast briefings, Webinars and client-relationship building activities such as in-house training programs or external programs offering CLE credit.

Why are these and other thought leadership initiatives so effective for law firms and other professional firms generally? Goodwin's experience has been that if the topics are timely, focused on client needs and market demands, managed professionally, and leveraged appropriately across practices and geographies firmwide, there is not a more cost-effective way to position a firm, its practices and its individual attorneys concurrently.

In the past 12 months, Goodwin has been involved in over 300 external events that were built on the concept of “leveraged” thought leadership. For their purposes, this means that the event involved multiple practices (for example, private equity investing in financial services) and/or multiple geographies (for example, holding the same event on the East and West Coasts), or “piggybacking” on an existing event sponsorship (the firm's involvement in a “State Technology Index” for California as part of its ongoing relationship with the Milken Institute). This year, the firm's L.A. Office Chair Lewis Feldman again led a high level pre-event briefing as part of the firm's involvement in the global conference. The other factor in leverage is the ability to repurpose or repackage content. This might include expanding a client alert or bulletin to be the basis of a seminar or Webinar, or similarly creating and placing an opinion or op-ed piece, or taking general, timely content and tailoring it for different industries.

The materials generated can be further repurposed in a variety of ways, including posting on the firm's iNet for internal training purposes, expanded into broader sets of materials and used for client educational purposes in-house.

Anne Malloy Tucker has been honored with many awards. She and her team are so deserving.

NUMBER FIVE: DUANE MORRIS

After seven years at the helm, Chief Marketing Officer Ed Schechter can point to a marketing program at Duane Morris that has reached a level of maturity rare in law firm marketing. Ed has instituted a team-oriented, ego-suppressed approach that focuses on thorough planning, meticulous execution, and ROI assessment of all activities surrounding marketing and business development. The firm's leadership, partners and associates are all involved in the efforts of this dynamic group. Looking toward what the marketplace may have in store for the industry, Ed says, “While the economy has provided new challenges, this is not the time for law firms to slack in their sales and marketing initiatives to drive client satisfaction. We must maintain successes through focused energy and a more targeted approach to business.”

Duane Morris has always been at the forefront of ROI maximization of marketing and business development. The team utilizes decision matrices to evaluate the potential value of new client pursuits, marketing sponsorships, media opportunities and more. Post-activity ROI evaluations feed the system enabling even better informed decisions moving forward. This discipline has positioned Ed's program well to anticipate a moving marketplace and focus the firm's marketing investment and energies.

The maturity of the program, and the success in making the lawyers active participants in it, has enabled Duane Morris to do more with less. A few years ago, when Duane Morris began getting attention for its marketing efforts, the 600+ law firm had a marketing department of more than 40 people, with one marketer for every 14.5 lawyers. Through consolidating responsibilities and smart-sizing the team, the firm now has a full-time marketing staff of fewer than 30 people (with one marketer for every 23.25 lawyers). While this transition occurred, Duane Morris continued to ramp up its marketing and business development efforts, year after year increasing the number and quality of its client pitches, communications, events, etc. (For example: In 2008, it produced twice as many proposals, twice as many client alerts and three times as many firm-hosted events compared with 2006.)

All of this is made possible by Ed's penchant for attracting top people from other law firms and from outside the industry. His most recent coup was to lure Susan Shallcross from Washington, DC, where she served for almost 12 years as marketing and communications director at an AmLaw 100 firm, to be his new Marketing Director based in Philadelphia. Susan's 20 years of professional services marketing and communications experience adds yet another seasoned professional to an already impressive group. International business development and leadership coach Jeff Harth recently relocated from Buenos Aires to San Diego to lead Duane Morris' team of business development managers in their next phase of instilling the firm's partners with what they need to become ceaseless rainmakers. And Ed nabbed Hewlett-Packard's marketing lead for its Information Management practice, Michael Powers, to oversee the marketing efforts of Duane Morris' Corporate, Bankruptcy and International practices (key areas considering current economic conditions).

In a year when the volume of both the communications and media relations activities increased exponentially, Duane Morris dealt with one of the toughest challenges faced by corporate mouthpieces: a leadership change. Joshua Peck, handling with his usual aplomb, got wide press coverage for the transition in January from Sheldon Bonovitz to new firm chairman John Soroko, securing prominent and positive articles in general circulation newspapers, business trades and national and international legal publications. Ed Schechter and his team are again this year in the Top Five.

DECEMBER

Michael DeCosta wrote a great piece about deciding whether to be a freelancer or take a permanent in-house position:

Greater Impact ' Deciding Between an In-House or a Freelance Marketing Role

As an observer of the industry, I have been impressed with the progress law firms have made over the last decade. Marketing has been integrated effectively into a matrix-managed platform serving practice, geographies and other constituents simultaneously. In so doing, it has moved effectively out of a purely support function to one that is aligned more strategically to business decisions and innovation. Legal marketing has shed its use of euphemistic terminologies such as external relations and client management to describe the function and now identify it more clearly and concisely as of business development. And recently, I've observed perhaps one of the strongest indications of an industry transforming. In the wake of the Wall Street implosion, several firms launched restructuring or crisis management practices to help their clients in the floundering economy. Some are quick to dismiss this as “window dressing” or suggest it's just a redeployment of existing resources. So what if it is? Minimally, it gets their name in the press. But more importantly, it could actually garner new business. The hallmark of any good professional services firm is to be of the cusp of the “new-new thing” and to package a service offering around that. There's nothing cheap about it; it demonstrates nimbleness and market reactiveness. And CMOs and their teams deserve the credit for changing the way lawyers think about all of these things. They are making impact.

Keeping Perspective About the Journey

Both professions, in-house marketing and consulting, are noble ones. Neither is superior to the other and therefore, one need not look with envy at how the other half lives. Yet, before making the switch, a little self-decoding of one's executive DNA will go along way in not only determining success, but deciding what will ultimately make one happy and satisfied with his or her career platform.

Conclusion

What a year it was ' lots of great information for our readership written by people at the highest levels of our profession. We've got much more to come in 2009!


Elizabeth Anne 'Betiayn' Tursi is Editor-in-Chief of this newsletter.

Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.

JULY

Ari L. Kaplan, a member of this newsletter's Board of Editors, wrote a great article on:

Business Development Does Not Have to Be a Pain in the Associate

Business development and creative networking are often mysteries to many lawyers, particularly associates. Ironically, the more junior one is, the better his or her chances of becoming a wildly successful rainmaker because the process is very much like investing. Unfortunately, the profession teaches lawyers to think about this many years into the future, but once they get there, they wish they had thought about it many years in the past. The key is to use a roadmap to look ahead with enthusiasm and create opportunities, rather than consider those one may have missed.

Networking

From LinkedIn to MySpace, this is easier now more than ever because there is more information that can help find common points and more quickly establish the foundation for a meaningful relationship. Nurture that relationship by staying in touch using online calendars, remembering birthdays, blogging, writing articles, hosting panels, starting a charity and creating a television show, among many other ideas.

The Science of Self-Promotion

The key is to focus on others, on their accomplishments, on issues of importance to the community at large and to be interesting. Distinguish yourself by being an interesting person and reminding others what you do and how well you do it. That effort can come in many forms and should be customized to your skill set and comfort level. Ultimately, rainmaking and self-promotion are learned skills. There are immensely talented people in-house at law firms who have sophisticated communication skills. Learning from them is essential because those who achieve the greatest success tend to be excellent storytellers, who can convey their expertise and understanding of a client's issue in a simplified and memorable fashion.

The Authentic Mentoring Relationship

Get a mentor, but not just anyone. There is a difference between having a mentor and creating an authentic mentoring relationship. Mentors tend to be assigned by firms and bar associations. They can be very effective, but mentoring relationships that organically evolve tend to last for one's entire career.

Live an Interesting Life

Ultimately, focus less on building a successful career and more on living an interesting life. Becoming a good lawyer is a given ' you must be skilled, though not necessarily world-renowned. Then make friends, not contacts. Engage with the community and your peers. And, have fun.

AUGUST

Joshua Fruchter, a member of this newsletter's Board of Editors, president and co-founder of eLawMarketing and a regular columnist wrote:

The Top 10 Law Firm Web Site SEO Best Practices

This column reviews the top 10 law firm Web site SEO best practices. The “best practices” are divided into two types ' “pre-launch” best practices implemented while your Web site is being designed and coded, and “post-launch” best practices to follow after your Web site has launched.

Pre-Launch Best Practices

One: Compose Unique, Accurate, and Catchy Title and Meta Description Tags

The title and meta description tags are pieces of descriptive text in a Web site's source code that describe each page of your Web site. While not visible on the Web site itself, they are accessible to search engine spiders to help them understand what a particular Web page is about.

Good site management software (also known as content management software, or “CMS”) makes it easy for site administrators to customize title and description tag copy for individual site pages before publishing those pages to the Web site.

Aside from helping search engines accurately categorize and display your Web pages in search results, title and description tags also directly influence the percentage of searchers who click on the link to your Web site in a search result.

Because they are displayed to searchers, well-written title and description tags can boost the percentage of searchers who click through to your Web site whenever it is displayed in search results. Conversely, poorly written (e.g., vague, incomprehensible) title and description tags discourage searchers from clicking through to your Web site.

Two: Use Targeted Keywords in Visible Page Text

Search engines evaluate the mix of all the words on a Web page to determine what a page is about. In other words, the keywords on a Web page help search engines determine the relevancy of a page to search engine queries, and thus whether a particular page should be displayed in the search results. As such, it is important to use targeted keywords as much as possible in the visible body copy on a page.

At the same time, indiscriminately stuffing a page with targeted keywords is not a good idea, and could even result in being penalized if detected by search engines. Poorly written copy will also turn off visitors. As such, the copy on a page should make sense to the average reader of the page.

Finally, the literal quantity of indexable content on a page can be a factor. Each page on your Web site doesn't need to have a lot of content, but it should have some. This is one reason why pages that are exclusively Flash don't generally rank well ' there is no text for spiders to index. Additionally, Flash causes problems for Google's spider, and thus makes a Web site less search-engine friendly.

Three: Enclose Targeted Keywords in H1 and Other Tags

The H1 tag is a headline tag intended to summarize the topic of a particular page. As such, search engines often use this tag to determine relevancy. One problem with the H1 tag is that in default mode, it displays as a large font size, and thus text enclosed within H1 tags look huge and unappealing. The solution is to use style sheets to control how text enclosed in H1 tags displays. Because the H1 tag is a high-level thematic signal, it should only be used sparingly on any individual page. Overuse can be detrimental and may appear as “spamming.”

Some SEO experts also recommend discretely enclosing keywords in other tags such as bold, italics and H2 and H3 header tags.

Four: Use Targeted Keywords in Image ALT Tags

The ALT tag is a tag associated with images that describes what the image is about when one hovers one's mouse over the image. Search engine spiders can't read the copy in an image, but they can read the ALT text associated with an image. Additionally, when crawling a link from one Web page to another Web page (the “destination page”), Google utilizes the text comprising the link (a.k.a. the “anchor text”) to determine what the destination page is about. When an image is used as a link, the ALT tag functions as its “anchor text.” Finally, ALT tags can occasionally drive traffic from image searches on Google and elsewhere.

Five: Update Web Site Pages Frequently

Search engines like to see frequent site updates since this means the content is fresh, and therefore probably more relevant.

Six: Engage in Internal Linking on the Web Site

Since Google and other search engines crawl the links on each page of your Web site (starting with the homepage) to find other pages on your Web site, linking to internal pages on your Web site from the home-page and secondary pages can be helpful to boost the search ranking of the destination pages. When doing so it is important to use descriptive “anchor text” in the hyperlink so search engines get a better idea what the destination page is about.

Seven: Link to High Quality, Topically Related Pages on
Third-Party Web Sites

Many law firms have a “resources” section on their Web sites with links to third-party sites of possible interest to their client base. Such outbound links help define the community to which your site belongs. Linking to quality, topically related pages builds trust in your domain.

Post-Launch Best Practices

Eight: Monitor Site Traffic with Analytics Software

Continually monitoring traffic to your Web site after launch with an analytics tool like Google Analytics can provide helpful insights. First, you'll identify “referral sources”; that is, other Web sites driving traffic to your site. This will help you determine the value of links from third-party Web sites to your site traffic. You'll also be able to measure the impact on site traffic of such online marketing initiatives as e-mail marketing campaigns. Second, analytics software identifies the keywords plugged into search engines that are driving traffic to your site. This will help you determine what keywords interested parties are using to find your Web site, and tweak your site copy and title and description tags accordingly.

Nine: Monitor Your Web Site with Google's Webmaster Tools

Because Google is such an influential search engine, periodically testing your Web site with Google's Webmaster diagnostic tools is important.

Ten: Aggressively Develop and Solicit Inbound Links

The number of inbound links from topically related sites is one of the most important criteria used by Google and other search engines to rank sites in search results. Accordingly, after its Web site launches, a law firm should aggressively seek to increase the number of inbound links from other topically related sites to the site's homepage and secondary pages. As noted, ideally, the “anchor texts” in these links should be descriptive of the destination page (instead of using a phrase like “click here”).

In conclusion, follow these law firm Web site SEO best practices, and you'll likely see improving search engine rankings and traffic over time for the keywords that matter most to your firm.

SEPTEMBER

In September, Catherine Alman MacDonagh, President and Co-Founder of the Legal Sales and Service Organization, and Laura Colcord, an internationally known Process Improvement expert, wrote an article for the Legal Sales and Service column:

Process Improvement for Law Firms MBD: Are You Operating at Optimum Efficiency?

All law firm leaders are responsible for ensuring that processes are running at optimum efficiency. Until now, process improvement courses have been designed to serve the needs of those in manufacturing rather than professional services. Perhaps it is because process improvement requires a certain organizational commitment and discipline that some law firms just don't possess. Or maybe it's because we don't know where to start ' and besides, how can we focus on this when we fight fires all day long anyway?

Why Process Improvement Is for You

In a marketing and business development department, there are many processes. Consider all of the activities in which we are engaged: firm events, responding to RFPs, the sales cycle, client team models, coaching, client development, lateral integration, strategic planning, client service, and so on.

The marketing and business development department exists to serve ' we are the service arm of a service business. Our clients are both internal (the firm) and external (the firm's clients). The things we do and the way we do them affect ourselves, the firm and our clients, so we must care about our processes.

As soon as we start to describe and measure a process, we will begin to see things that could be improved, either in the client's eyes or the firm's eyes or both. In fact, most of our processes fall far short of their potential and improving them will benefit BOTH the client and the firm.

There is tremendous external pressure for a firm to engage in process improvement. Changes in the business environment are constant and are taking place at an ever-increasing rate. Clients, partners, employees, and regulators all contribute to these changes, which, in turn, create requirements for higher process capabilities and higher process efficiencies.

If you're not already engaged in process improvement, there's another compelling reason to start now. Other law firms and, more important, clients are already using process improvement to their advantage.

Solving the Fire-Fighting Doom Loop

Getting out of the “doom loop” takes some doing ' it certainly seems that a good portion of any law firm administration professional's career is spent putting out fires, leaving little time for proactive work. There are three steps we can take to solve the seemingly inescapable “doom loop”: Evaluate, Prioritize and Improve.

First, we evaluate. This is done by objectively measuring process capabilities and efficiencies. Then, we prioritize by deciding which processes (and which aspects) most need attention. Then, we improve by employing a process improvement methodology (such as Six Sigma, Lean or LeanSigma) to bring the process to the required performance and efficiency level.

Lean Sigma uses a disciplined problem solving approach to execute projects. It is commonly known as DMAIC and is almost a mantra for process improvement practitioners. The acronym stands for:

  • Define the problem and why it needs to be solved;
  • Measure the current performance of the process;
  • Analyze the opportunities to reduce waste or variation;
  • Improve the process by identifying, implementing and validating process changes; and
  • Control the process by implementing methods to ensure improvements will be sustainable.

Lean + Six Sigma = Lean Sigma

Lean and Six Sigma are complementary methodologies and now are often used together. The focus of Lean is to simplify processes (or do the right things), eliminate waste or extra steps, maximize process speed, greatly improve productivity and scrutinize resource efficiency.

Six Sigma is concerned with variation and therefore looks at the relationships between variables. Our focus is on process capability and aligning capabilities with requirements. Our goal is to reduce and control variation (do things right). We care about variation because if processes vary, sometimes the results will be outside the client's acceptable range. Also, they can be harder to operate, and require more resources, if they vary.

Systematic Process Improvement

The important thing to know is that process improvement isn't just about a project. It's about baking it into your firm culture, it's continuous and systematic.

Take a case study from Morgan Lewis's Richard J. Sabat, a Six Sigma Green Belt. Morgan Lewis developed a Six Sigma legal services model “that reduces, often by more than 25%, the cost of delivering legal service for mortgage loan transactions.” Reportedly, the project was commenced first in 1974, employed on an institutional basis in 1988, retooled in 1997 and then again from 2000-2003.

Most firms that use Lean or Six Sigma to improve processes begin by focusing on learning and applying tools to improve local “hot spots.” In fact, Process Improvement programs should be thought of as having a place on a continuum that varies in scope and depth, and particularly in effectiveness and impact.

In sum, process improvement involves a learning curve, complex concepts and real discipline. However, when you're a process improvement practitioner, you can articulate the case for specific projects within your law firm that produce significant, measurable results. This is not only empowering, it adds to your credibility and makes you truly valuable.

OCTOBER

The Professional Development column is shepherded by Dr. Sharon Meit Abrahams, the Director of Professional Development at McDermott Will & Emery, LLP, and a member of this newsletter's Board of Editors. In October, we were privileged to have Sharon write a piece entitled:

A Guide to Connecting with Potential Clients

Following are a few tips that will help you feel prepared and confident in potential business development situations.

Prepare for Small Talk

Anticipate the fact that you will need to make some small talk. If you are not normally a gregarious, outgoing person it is difficult to know what to say to strangers or people you have just met. The thought of sharing a meal at a function with seven or nine unknown individuals can leave a person at a loss for words. Prepare yourself for small talk by doing the following:

  • Read at least the front page of one newspaper a day ' a local paper is always available even if you are traveling, but choose a global paper like The Wall Street Journal or USA Today, which are usually available in hotel lobbies. Discussing world events (stay away from religion and politics) is a suitable conversation starter.
  • Listen to a news radio station if you do not have time to read the paper. This is a good way to use your time wisely when you sit in traffic, on the subway or on a bus on the way to the event.
  • Read industry-related newsletters or publications. If you are attending an industry function or meeting prospective clients, this is must.
  • Peruse professional journals for hot topics. Subscribe to an executive summary publication or audio service ' the summaries they provide are from the latest business books and magazines.
  • Download podcasts. Many professional associations, radio stations and educational companies now have programs, updates and other tidbits of information that you can download directly to your MP-3 player.
  • Ask questions. All people like to talk about themselves, so ask open-ended dialog-encouraging questions.

Upon Arrival

When you first arrive at a function, take stock of the situation. Look around the room. Where is the food, the bar and the head table? Determine where people are congregating. Are they by a bar, a vendor table or just standing around? Is there an activity like a display or entertainment that people are involved in? Getting a sense of the room will alleviate some of your discomfort.

Change Your Mental Attitude

Offer to sit at the registration table, to hand out nametags, or to escort important guests to the head table. By taking charge, you exhibit confidence and helpfulness. People meeting you will have a positive first impression, which can lead to another more in-depth conversation later at that function or at the next function.

The Art of Mingling

The best way to start a conversation is to ask good questions. Ask people about themselves ' their jobs, their companies, their roles within the organization, their experience with the association, etc. If you spend 80% of your time asking questions (and listening to the responses) and just 20% of your time talking, people will remember you as an interested conversationalist, and seek you out in the future.

Conclusion

Making a connection is a skill, a technique and an attitude. You can learn how to do it, but you have to have the desire and tenacity. It just takes practice, practice and more practice.

NOVEMBER

In November, we revealed the highly anticipated Fourth Annual MLF 50. Below is a significantly pared-down version of the accompanying article to the listing:

The Fourth Annual MLF 50: The Top Firms in Marketing And Communications

With the current downturn in business, one would think that perhaps marketing and communications might be taking a holiday. The good news is that for 50 firms, marketing is front and center. To say the least, it has been an interesting year. We have all read about the layoffs, the restructuring of some firms and even the demise of others. What went wrong isn't important. What is important is that many firms are utilizing the capabilities of their marketing and communications departments in ways that they believe can capitalize on the downturn and even create profits. I want to say that it doesn't really matter where a firm ranked on this list. What does matter is that the firms on the list are examples of how first-class, first-rate marketing and communications can move the agenda of a law firm forward in a strategic manner and in so doing become invaluable to the success of the firm.

In formulating the criteria for this year, special emphasis was placed on firms that did more with less. While some law firms on the MLF 50 have not decreased their budgets and, in fact, many at the top of the list have increased their budgets, others have developed creative strategies that didn't “break the bank.”

Once again this year, many firms submitted detailed descriptions of their marketing, business development and communications programs. Some of the firms that are listed provided no information. As with past practice for those firms, extensive research was conducted. It should be noted that while I would have liked to feature examples of the ad campaigns that some firms created, this particular cover story is about strategy and the success of that strategy. I would also like to take this opportunity to thank Bill Crooks of Priority Search and a member of our Board of Editors for assisting me with follow-up on several firms.

Herewith, the submissions of the Top Five firms in this year's rankings.

NUMBER ONE: PROSKAUER ROSE

Proskauer, last year's top-ranked firm in the MLF 50, is again at the top and after you read about them, you will know why.

The firm has sustained the momentum it began building on Oct. 1, 2005, when the beginnings of a new marketing and business development team joined the firm. Under the leadership of Chief Marketing Officer Joseph Calve, the group has moved quickly to reinvent the firm's go-to-market strategy and transform virtually all aspects of its marketing and business development operation. Going forward, the firm is poised to accelerate the efforts that led MLF first to name it to the Top 10, and then, after just three years, to honor it with the top ranking in two consecutive years.

Flash back to Proskauer in the summer of 2005. The marketing department consisted of some 20 people, all but two located in New York and half of whom worked in its creative services group as designers, desktop publishers and Web administrators. Most of the balance of the group was scattered among events and database administration, with just a handful of junior staffers devoted to business development.

Proskauer had no department leader and no directors, managers or coordinators. Virtually everyone was a specialist, administrator or assistant. As mentioned above, only a small number of staffers, most junior-level, were devoted to business development and no one focused on important areas such as communications or competitive intelligence.

The firm was saddled with a first-generation Web site, it had no CRM system (the firm's contacts were maintained in an inflexible and inefficient DOS-based system few could operate), there was no experience database, making it a fire drill to respond to RFPs or get directory submissions and proposals out the door, and there was little if any professional collateral to speak of. Various business development initiatives had been attempted, but nothing had been sustained. The department budget, including salaries, was less than 1% of firm revenue.

That was three years ago.

As of today, the staff has more than doubled, and it has been completely reshaped. The firm has hired three experienced directors who cover marketing, communications and client development, along with a talented staff of managers, specialists and coordinators spread across offices in New York, Los Angeles, Washington, DC, London, Paris, Chicago and Boston. The staff includes two dedicated competitive intelligence professionals, a small group of knowledge managers, three experienced database managers, and a top-notch communications and design team. The new team members brought experience from a variety of AmLaw 100 firms.

Like last year, Proskauer is ahead of the curve in all respects. Joe and his staff are to be commended for their capabilities and for shaping what I believe to be the “new Proskauer.”

NUMBER TWO: K&L GATES

K&L Gates, which was Number 16 on last year's MLF 50, takes its place for the first time among the Top Five, coming in at Number Two.

K&L Gates LLP is a global law firm of approximately 1,700 lawyers located in more than two dozen cities across the United States, Europe and Asia. The firm has grown considerably over the last several years, including the execution of four major law firm combinations since 2005: Nicholson Graham & Jones (January 2005), Preston Gates & Ellis (January 2007), Hughes & Luce (January 2008), and Kennedy Covington (July 2008). During this time, there has also been vast international firm growth, including offices in London, Berlin, Paris, Shanghai, Beijing, Taipei and Hong Kong.

The K&L Gates marketing department has expanded and evolved as well throughout this rapid firm growth, now comprising roughly 60 professionals across 15 offices. Led by Chief Marketing Officer Jeff Berardi, the department is charged with supporting the marketing and business development activities of all K&L Gates lawyers.

The firm believes that a deep appreciation for clients' concerns, challenges and business objectives is the foundation for successful business development. To that end, K&L Gates has created a substantive and sophisticated brand and positioning platform that aligns its interests with those of firm clients. The brand communicates K&L Gates' unified commitment to providing the highest level of client service and quality legal counsel in all firm offices, and is strengthened by continuous and active measures to support, enhance and bolster the valued relationships that K&L Gates maintains with clients. In its 2008 Survey of Client Service Performance for Law Firms, the BTI Consulting Group reinforced the firm's commitment to clients by naming K&L Gates one of the top 30 law firms in client service as compared with more than 500 other leading firms. The rankings were the results of more than 250 independent, individual interviews with corporate counsel at Fortune 1000 companies and other large organizations.

The K&L Gates marketing department supports firm lawyers with an array of services aimed at increasing the value provided to firm clients, and the team works with practices and offices to develop and implement integrated programs and targeted activities, such as client feedback programs and internal client service teams that help ensure the retention of existing clients and enable the steady growth of new business. As the firm has grown through various mergers and combinations, it has been essential for the department to integrate quickly and efficiently, successfully joining together different cultures, styles and personalities. Furthermore, the department has been able to effectively manage costs by developing the vast majority of design, production and public relations work in-house.

The team actively collaborates with recruitment professionals to enhance their outreach to law students and lateral associate and partner candidates, with the Pro Bono Committee to facilitate continued growth of the firm's efforts in this area, and with K&L Gates' Director of Diversity to ensure outreach to a diverse professional population. As part of a joint initiative between the marketing and professional development departments, the firm also offers a substantive Client Development and Relationship Management (CDRM) curriculum for K&L Gates partners and associates across the firm. The CDRM curriculum includes Business Intelligence programs, moderated partner panels to discuss aspects related to career progression, networking skills training, and numerous other workshops.

Beyond the obvious internal and external marketing challenges that are presented by law firm combinations, such as team integration and branding, it is also essential to consider the legacy firms' existing business development and client relationship functions. In the case of the January 2007 combination of Kirkpatrick & Lockhart Nicholson Graham and Preston Gates & Ellis, the challenge facing Jeff Berardi was how best to meld the two firms' specific business development activities in order to create one formal client-focused tracking and measurement program.

K&L Gates' successful business development re-engineering efforts began with combining two distinct proposal tracking programs. First-year results of this integration showed a 20% increase in the firm's responses to RFPs, a 40% increase in the firm's proposal wins, and a 17% increase in the firm's win ratio.

At the heart of K&L Gates' business development function is a system created to track, report and ultimately refine the firm's client development efforts. All opportunities for new business ' requests for proposal, requests for information, responses to client inquiries, identified prospects ' are entered into a central repository, along with corresponding detail on practices, offices and lawyers involved, type of work, value, referral sources and next steps for follow-up. The data is entered and maintained by the firm's business development team, and monthly pipeline reports are generated from the repository and used by the team to follow up with the lawyers involved.

K&L Gates' marketing department places a high level of emphasis on qualities such as teamwork and collaboration, and consists of a set of professionals that interact frequently with lawyers to define and implement strategic initiatives. Divided into two main functional areas ' central marketing and business development ' the department approaches overall operations as an intertwined balance between awareness-building activities related to marketing, and revenue building activities related to business development.

In its May/June 2008 cover story, Law Firm Inc., a sister publication of MLF, named Jeff Berardi one of only five law firm C-suite Innovators of 2008. Jeff certainly deserves that accolade and more.

NUMBER THREE: JENNER & BLOCK

Jenner & Block moves up from Number Seven to Number Three on this year's list.

The Jenner & Block Marketing Department, led by Chief Marketing Officer Theresa Jaffe, distinguishes itself by seamlessly integrating into one of the industry's most dynamic and well-regarded law firms. Just as best-in-class business relationships are typified by an alignment of values and culture, Jenner & Block's Marketing Department is aligned with the partners at every level. This alignment allows the marketing team to develop programs, alliances and protocols that anticipate the needs of the partners and the firm on an enterprise level. Jenner & Block has about 500 lawyers and offices in Chicago, New York and Washington, DC. The firm has earned a place on The American Lawyer's A-list three times since its inception in 2003.

Jenner & Block's mission statement was developed eight years ago as part of a major strategic planning process the firm undertook. It reads: “To exceed our clients' expectations every day by providing the highest caliber of legal counsel and advice, to contribute to the legal profession, to maintain our long tradition of public and community service, and to provide our people with outstanding and challenging career opportunities.”

In 2000, as part of the firm's new strategic plan, the marketing department was formed. The marketing department has its own Mission Statement: “To provide strategic counsel, programs, solutions, tools and services Firmwide to help secure prospective new business opportunities; strengthen and expand existing client and other Firm relationships; achieve increased market position; strengthen the firm's visibility and name recognition; and improve profitability and market share,” which supports the firm's mission.

Since its beginnings eight years ago, everything that the Jenner & Block marketing department does is tied to the firm's mission statement and strategic plan. The department always has the “big picture” in mind. It supports all key activities of the firm ' including the practice groups, legal recruiting, pro bono, diversity, human resources, and professional development.

The marketing department conducts market assessment, builds brand awareness, performs lead generating activities, manages business development activities including the proposal process and builds strategic alliances all of which are in lockstep with the mission of the firm and the Department.

The marketing department at Jenner & Block has been highly successful because it has influenced others in the organization to actively embrace marketing practices and principles. Therefore, the execution of activities is highly leveraged and the Department has achieved remarkable results. For instance, the marketing department will design and lead a project with the execution done by another department. An example of this is database management, which is led by the marketing team and executed by the technology department. The impact of the department's work is measured every month via a set of metrics designed around the services it provides. Yearly reports are prepared showing the results that have been achieved documenting the year-to-year growth and impact of the department.

There is much talk in our industry about marketing professionals getting “a place at the table.” The vision the Jenner & Block partners had for the marketing department at its inception eight years ago, which is now in sharp focus, was to develop a marketing function with the same level of skill, dedication and impact as the attorneys of Jenner & Block provide to their clients. With the hiring of Theresa Jaffe, who built a team of skilled professionals with a diverse and unique set of skills, this vision was brought to life. This uncanny mix of strategy, tactics and skill has produced a marketing function unlike any other in the industry. The department's skill set is strong and flexible capable of supporting a significant number of simultaneous marketing initiatives.

NUMBER FOUR: GOODWIN PROCTER

Thought leadership and effective positioning has long been core to Goodwin Procter's marketing and business development strategy, and 2007/2008 was no exception. From early in the new millennium, the firm has gone to market by industry practice groups, several of which are considered its “areas of strategic focus.” These practices include private equity, tech and life sciences, intellectual property, real estate/real estate capital markets, financial services and product liability/mass torts, and are supported by significant “core” practices such as fund formation, securities litigation, white-collar crime and government investigations, financial restructuring and tax. A key driver of Goodwin Procter's overall marketing plan is positioning the firm by focusing on its areas of strategic focus ' and a key driver of positioning the firm's practices is through leveraging its intellectual capital through thought leadership initiatives. Under the superb leadership of Chief Marketing Officer Anne Malloy Tucker, these initiatives include the integration of targeted tactical activities such as: client alerts, custom publications, op-ed and opinion pieces, targeted media placements and commentary, speaking engagements and roundtables, customized events (some solely produced and others co-sponsored) such as breakfast briefings, Webinars and client-relationship building activities such as in-house training programs or external programs offering CLE credit.

Why are these and other thought leadership initiatives so effective for law firms and other professional firms generally? Goodwin's experience has been that if the topics are timely, focused on client needs and market demands, managed professionally, and leveraged appropriately across practices and geographies firmwide, there is not a more cost-effective way to position a firm, its practices and its individual attorneys concurrently.

In the past 12 months, Goodwin has been involved in over 300 external events that were built on the concept of “leveraged” thought leadership. For their purposes, this means that the event involved multiple practices (for example, private equity investing in financial services) and/or multiple geographies (for example, holding the same event on the East and West Coasts), or “piggybacking” on an existing event sponsorship (the firm's involvement in a “State Technology Index” for California as part of its ongoing relationship with the Milken Institute). This year, the firm's L.A. Office Chair Lewis Feldman again led a high level pre-event briefing as part of the firm's involvement in the global conference. The other factor in leverage is the ability to repurpose or repackage content. This might include expanding a client alert or bulletin to be the basis of a seminar or Webinar, or similarly creating and placing an opinion or op-ed piece, or taking general, timely content and tailoring it for different industries.

The materials generated can be further repurposed in a variety of ways, including posting on the firm's iNet for internal training purposes, expanded into broader sets of materials and used for client educational purposes in-house.

Anne Malloy Tucker has been honored with many awards. She and her team are so deserving.

NUMBER FIVE: DUANE MORRIS

After seven years at the helm, Chief Marketing Officer Ed Schechter can point to a marketing program at Duane Morris that has reached a level of maturity rare in law firm marketing. Ed has instituted a team-oriented, ego-suppressed approach that focuses on thorough planning, meticulous execution, and ROI assessment of all activities surrounding marketing and business development. The firm's leadership, partners and associates are all involved in the efforts of this dynamic group. Looking toward what the marketplace may have in store for the industry, Ed says, “While the economy has provided new challenges, this is not the time for law firms to slack in their sales and marketing initiatives to drive client satisfaction. We must maintain successes through focused energy and a more targeted approach to business.”

Duane Morris has always been at the forefront of ROI maximization of marketing and business development. The team utilizes decision matrices to evaluate the potential value of new client pursuits, marketing sponsorships, media opportunities and more. Post-activity ROI evaluations feed the system enabling even better informed decisions moving forward. This discipline has positioned Ed's program well to anticipate a moving marketplace and focus the firm's marketing investment and energies.

The maturity of the program, and the success in making the lawyers active participants in it, has enabled Duane Morris to do more with less. A few years ago, when Duane Morris began getting attention for its marketing efforts, the 600+ law firm had a marketing department of more than 40 people, with one marketer for every 14.5 lawyers. Through consolidating responsibilities and smart-sizing the team, the firm now has a full-time marketing staff of fewer than 30 people (with one marketer for every 23.25 lawyers). While this transition occurred, Duane Morris continued to ramp up its marketing and business development efforts, year after year increasing the number and quality of its client pitches, communications, events, etc. (For example: In 2008, it produced twice as many proposals, twice as many client alerts and three times as many firm-hosted events compared with 2006.)

All of this is made possible by Ed's penchant for attracting top people from other law firms and from outside the industry. His most recent coup was to lure Susan Shallcross from Washington, DC, where she served for almost 12 years as marketing and communications director at an AmLaw 100 firm, to be his new Marketing Director based in Philadelphia. Susan's 20 years of professional services marketing and communications experience adds yet another seasoned professional to an already impressive group. International business development and leadership coach Jeff Harth recently relocated from Buenos Aires to San Diego to lead Duane Morris' team of business development managers in their next phase of instilling the firm's partners with what they need to become ceaseless rainmakers. And Ed nabbed Hewlett-Packard's marketing lead for its Information Management practice, Michael Powers, to oversee the marketing efforts of Duane Morris' Corporate, Bankruptcy and International practices (key areas considering current economic conditions).

In a year when the volume of both the communications and media relations activities increased exponentially, Duane Morris dealt with one of the toughest challenges faced by corporate mouthpieces: a leadership change. Joshua Peck, handling with his usual aplomb, got wide press coverage for the transition in January from Sheldon Bonovitz to new firm chairman John Soroko, securing prominent and positive articles in general circulation newspapers, business trades and national and international legal publications. Ed Schechter and his team are again this year in the Top Five.

DECEMBER

Michael DeCosta wrote a great piece about deciding whether to be a freelancer or take a permanent in-house position:

Greater Impact ' Deciding Between an In-House or a Freelance Marketing Role

As an observer of the industry, I have been impressed with the progress law firms have made over the last decade. Marketing has been integrated effectively into a matrix-managed platform serving practice, geographies and other constituents simultaneously. In so doing, it has moved effectively out of a purely support function to one that is aligned more strategically to business decisions and innovation. Legal marketing has shed its use of euphemistic terminologies such as external relations and client management to describe the function and now identify it more clearly and concisely as of business development. And recently, I've observed perhaps one of the strongest indications of an industry transforming. In the wake of the Wall Street implosion, several firms launched restructuring or crisis management practices to help their clients in the floundering economy. Some are quick to dismiss this as “window dressing” or suggest it's just a redeployment of existing resources. So what if it is? Minimally, it gets their name in the press. But more importantly, it could actually garner new business. The hallmark of any good professional services firm is to be of the cusp of the “new-new thing” and to package a service offering around that. There's nothing cheap about it; it demonstrates nimbleness and market reactiveness. And CMOs and their teams deserve the credit for changing the way lawyers think about all of these things. They are making impact.

Keeping Perspective About the Journey

Both professions, in-house marketing and consulting, are noble ones. Neither is superior to the other and therefore, one need not look with envy at how the other half lives. Yet, before making the switch, a little self-decoding of one's executive DNA will go along way in not only determining success, but deciding what will ultimately make one happy and satisfied with his or her career platform.

Conclusion

What a year it was ' lots of great information for our readership written by people at the highest levels of our profession. We've got much more to come in 2009!


Elizabeth Anne 'Betiayn' Tursi is Editor-in-Chief of this newsletter.

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