I was recently at a meeting where a former general counsel now in private practice talked about surprises—namely, the surprise of receiving an invoice from an outside law firm for an amount much higher than initially discussed.  Upon receiving this bill, the attorney said he would of course be irritated by the amount. But more importantly, he pointed out, these “surprises” would cause him to lose his trust in the professional-services provider—the trust that the provider would deliver what they had promised, at the cost they had promised.

Cost overruns happen. And when they do happen, the best thing a provider of professional services can do is give their client a heads-up. What this attorney was saying, though, made explicit something all of us in professional services know implicitly: the most valuable element in any business relationship is trust. After all, as long as you have a client’s trust, you have the opportunity to work with that client in the future, and that opportunity is invaluable. It makes you think: When a professional-services provider surprises their client with cost overruns, who really incurs the greater cost?

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According to a recent study, by 2015, 40 percent of all website traffic will come from mobile visitors. It is critical to be thinking about the diverse devices that people are using—whether it’s from Apple or Android, and whether it’s a tablet, laptop, phone or iPad. Depending on the device, your website will display differently and could potentially turn off visitors if it doesn’t display the way it should.

Google recently endorsed a responsive design technology that repackages and resizes every page of your website so that it will display properly regardless of the device being used.

The time to be thinking about this is now. The iPad generation and devices will only continue to advance, and if firms aren’t being proactive in responsive web design, they will be left in the dust.

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• TBU, “True but useless.” Many professionals when describing their services tend to ramble on, trying to educate their listener. Eloqui believes you shouldn’t try to educate, but instead, persuade your listeners.

• Three core pieces to speaking – visual snapshots, novelty and surprise, and authenticity.
  • Visual snapshots. Eloqui encourages speakers to communicate through visual snapshots, meaning, make the other person see what you are trying to say.
  • Novelty and surprise. Be more of a storyteller than a dictator. Stories always have an obstacle, benefit and solution. Using this model, you will entice the person to want to hear your full story.
  • Authenticity. It’s always better to be yourself versus acting like a professional. If you are acting, it’s more likely you will come across fake.

If you haven’t yet attended an Eloqui Business Communication Workshop, I strongly recommend it. You won’t regret it.

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As marketers, we know that websites, newsletters and other marketing materials are evolutionary. Developing one template or look that will work for the life of the firm is not realistic. For this reason, at Berbay we constantly discuss ways we can improve our own newsletter layout, internal website pages and other marketing materials. We are always looking at ways to present information to our clients and prospects with a current and creative approach.

In a world with so many ways to market your firm, it’s important to take a step back and think about your marketing collateral and ensure that it reflects how you want the firm to be represented.

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1. Is my pitch relevant to the publication I’m targeting? Make sure your article is in line – both tonally and topically – with the media outlet you’re approaching. Pitching an article about the real estate market to a magazine that caters to litigators is a waste of your time, and will make you look lazy and unprofessional. If your pitch is on target, you stand a much better chance of actually building a relationship with that website or publication, even if they pass on your current pitch
2. Does my pitch offer exclusive information or a unique perspective on a hot topic? You want to offer something new, not a straightforward rehash of a story that everyone has already heard. Establishing the credibility of your facts and experts is important, but so is clearly identifying the angle that will make your article stand out.
3. Have I delivered my pitch in a way that is both concise and respectful? It may be tempting to pitch your article again and again if you don’t hear back, but doing so is a sure way to alienate your media contacts! Instead, create a clear, concise and intriguing pitch and send it via a brief email or direct message on social media. If you’ve done your job, your pitch will stand out – no need for repeated attempts.

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According to a study referenced at the Legal Marketing Association’s Annual Conference, 67 percent of General Counsel use LinkedIn in their hiring decision when considering outside counsel and 43 percent of General Counsel said blogs have an influence on them. The General Counsel panel said that blogs not only demonstrate expertise but also show a willingness to educate, which they find very valuable.  In terms of a blog, General Counsel look for short, concise information that is timely and focused and provides hyperlinks to additional information.

So, if you’ve considered starting a blog or haven’t updated your LinkedIn profile in years, it may be a good time to consider how these platforms can work to your advantage and put you ahead of the competition.

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One notable example is a mobile application on natural disasters called Disaster Radar.  Disaster Radar is the first and only real-time worldwide natural disaster and emergency monitoring application. We are currently working with a law firm that represents victims whose homes were destroyed in natural disasters, so this provides a great way to stay on top of the world’s natural disasters.

The moral of the story is, always consider mobile applications whenever possible, because more often than not, there’s an app for that!

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According to Kurt C. Peterson with Reed Smith, legal malpractice lawsuits were rare occurrences 25 years ago. However, attorneys who are embarking on their professional lives now can expect to face an average of three legal malpractice suits against them over the course of their career – and the size of the claims is increasing.

Malpractice cases usually fall into one of three areas: real estate, corporate and securities, or trust and estates. Frequently cited reasons for malpractice claims include missed deadlines, missed laws, clerical error, and conflicts. With these commonalities in mind, the panel offered suggestions to lawyers looking to sidestep such messy legal entanglements. These tips include:

1. Utilize discretion when taking on a new client. As James P. Fogelman with Gibson, Dunn, & Crutcher LLP pointed out, if a client has already sued another attorney, it raises serious red flags.
2. Make sure your firm has a strong system for conflict checking, especially if there are partners in other offices. Disparate locations can lead to confusion and disorganization.
3. Stay on top of fees by billing and collecting regularly. This helps eliminate the possibility of a huge outstanding amount that a client might try to sue as opposed to paying.
4. Be very specific regarding what you plan to do and who you’re representing in your engagement letter. Some attorneys have been sued by individuals who they didn’t even consider to be clients, underscoring the importance of laying out the specifics of each engagement in writing beforehand in order to manage client expectations.
5. Retainer agreements are similarly important, according to Paul A. Traina with Engstrom, Lipscomb, & Lack. Attorneys often forget the scope of the retainer agreement during litigation, and conflicts may arise or new parties are added in practice. These agreements should also have conflict waivers, which many top defense firms neglect to include, at their own peril.
6. Mr. Fogelman also pointed out that the wise attorney sends a termination letter at the end of an engagement – an important step that tells the client, “Thank you for allowing us to represent you. This matter is concluded.”
7. Finally, if an error is made, don’t hide your mistakes. Be upfront about them, and you can hope to lessen the blow and avoid a lawsuit later on.

The essence of preventing legal malpractice really comes down to good client service and meticulous recordkeeping and communication. If attorneys make a concerted effort to put things in writing and to communicate clearly and regularly with clients, the incidence of legal malpractice suits will surely diminish over time.

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When I stopped into my room for a quick break after lunch, they had left an ad on my mirror. It made me stop and look around the room to see if someone was there. I will give them credit for going the extra mile to get my attention, but I can’t help to think it walks the boundary of invading privacy.

-By Berbay Account Manager Erica Hess

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Marketers reported the following trends:

• 44% of respondents agree that sending emails on Tuesday results in better open rates.
• 53% have had the most success sending emails between 8 a.m. and 12 p.m.
• 53% say that Friday is the worst day for email open rates.
• The most effective offer to include in an email is an invitation to a webinar.

-By Berbay Principal Sharon Berman

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