Through her work and research for her book, Michele confirmed that clients are looking for a new type of collaborative service disguised in their request for innovation.

Along with lawyers that know their practice area, can guide and have a point of view; using business language to convey it; clients want lawyers that express the behaviors of innovators – asking different questions, listening and applying a different approach to problem finding and problem resolution.

Let’s look at an example.  A bank was struggling to show they had complied with a consumer-facing compliance request.  In this circumstance, an advisor would typically help the bank show and communicate that they’re in compliance.  The alternative response included talking with and hearing from consumers.  This bank didn’t have a compliance problem, they had a communication issue, once contacted the consumers noted that they didn’t understand the process employed. The result was education for consumers – and proof of compliance for the bank.

Recognizing the disconnect between what customers ask for and what lawyers deliver; this is an example of the culture change occurring within in-house legal and firms. They’re working jointly, investing in partnerships, and sharing risks to advance the industry.

Michele DeStefano is a lawyer, professor at the University of Miami, and guest faculty at Harvard Law School’s Executive Education program.  In her book Legal Upheaval, she provides evidence that collaborative innovation is the new value equation in law.

On Episode 121 we talk with LexisNexis, VP and Chief Product Officer, Jeff Pfeifer.  Jeff is responsible for product strategy having established his organization as a leader in legal analytics and data-driven law.

Jeff begins our discussion by noting that access to big data and incremental tech development is resolving legacy problems within the legal industry.  That in-house counsel is increasingly forward-thinking, using data to inform their responses, and looking to firms to use data in their recommendations.  This data is validating a path forward and supporting what is likely to happen.

An additional challenge brought on by the proliferation of data is the need for a different skill set to access the data and make data-based recommendations.  Helping organizations be change ready is where the opportunity lies. There’s a real need to build in-house teams in support of these initiatives including identifying team members who are not intimidated by tech and the advantages it brings.

There was agreement that both firms and in-house departments are in the early days of this new data, process and technology driven model.  Examples exist where workflows are undergoing reconstruction, and engagement of outside counsel is being radically modified.   An opportunity exists to break down and understand processes so that we can rebuild and better align with today’s environment.

This is less big bang and more incremental process improvement. It’s about 100s or 1000s of small improvements applied over time.   The time has come to stretch out in innovation labs, to take a serious look at iterative thinking, and failing faster within legal.

It’s 2019 and the Diversity Lab remains front and center in the conversation on Law Firm and In-house Legal department diversity.  Late last summer we sat down with On-Ramp Fellowship Managing Director, Jennifer Winslow and the Mansfield Rule initiative leader, Director, Lisa Kirby.  The Mansfield rule supports the diversification of law firm leadership, and the OnRamp Fellowship is the largest re-entry platform for female lawyers and other professionals.

An outcome of Diversity Lab’s 2016, Women in Law Hackathon, the Mansfield Rule has been moving the needle increasing awareness around diverse candidates for leadership and the transparency on who should be considered for leadership.  For Mansfield Rule 2.0 the program has expanded to include LGBTQ+ leadership candidates as well as measurement of inclusion and engagement in formal pitches.  The program which initially launched in 2017 with 44 firms, today has 65 firms participating in Mansfield 2.0.    Today, clients are looking for and confirming that they are benefiting from the value of diverse teams/diversity of thought.

The OnRamp Fellowship program started in 2014to alleviate concerns specific to work breaks and provide access to experienced lawyers looking for opportunities.   Ever since the OnRamp programming has been replenishing leadership pipelines with experienced lawyers alleviating concerns specific to work breaks; while providing access to experienced lawyers looking for opportunities.  Those applying for the program are typically unemployed or underemployed doing part-time or contract work.  Most are empty nesters with their eyes wide open.   Challenges include technology – whether you’ve been out 2 years or 20 the technology has changed.   The positives include resilience and problem-solving skills that only come through experience.

Looking back measurement and accountability was a missing element in many diversity programs.  By bringing challenges front and center the Diversity Lab has prevented programs from fading or ‘fizzling out’.  Today, information sharing; data; and accountability remain a significant part of the Diversity Lab’s success.

On episode 119 we talk with Mo Zain Ajaz, the 2018 Legal 500 Individual of the Year for Legal Operations.    Mo is accountable for operational excellence across National Grid’s Global Legal Function.

Having understood what is important to its business (including a 25% efficiency goal), the legal operations team at National Grid helped build a 3-year strategic program. They started by gaining visibility to their external spends.

The introduction of an e-billing system and a new panel of outside counsel provided an opportunity for improved scoping of work, matter budgeting and stronger alignment with firms.  To manage risk and drive efficiency, National Grid prioritizes and right sources legal work; matter profile and risk thresholds underpin decisions specifically what should be done in-house and what should be outsourced with the goal being to drive value and reduce cost without increasing risk.

With the addition of data and standards for outside engagement, the next step involved enabling change using lean and design thinking models including legal project management data-driven decisions, visual management; real time information. Through these models including the Hines Model for change National Grid ensured that their strategic road map remained on track.  The Hines model highlights the key conditions required for effective change and more importantly the consequences when a key condition is missing.

This and other lean models can be used to take an audience from current state to future state.  A lean tool that National Grid uses for stakeholder engagement is 3C.   Using 3C stakeholders are asked:

• What are your concerns with the current way of doing things?
• What is the cause of these concerns?
• What would be the counter-measure to this concern?

The project sponsor using 3C model puts counter-measures in place to address the concerns and create greater solution ownership from stakeholders.  

Creating the conditions for change and collaboration with law firms is the role of in-house teams.   National Grid holds quarterly Operational Excellence Workshops with their firms to address relationship or process concerns through collaborative design thinking workshops.  The internal team and a panel of outside counsel work to resolve issues by problems solving, sharing best practice and building a plan of deliverables for the next quarter.

Topics addressed at these workshops include a technology audit of the law firms National Grid uses to optimize the use of technology on National Grid matters and decision trees to right source work. 

The next frontier for National Grid is obligations tracking within a contract lifecycle.  Data suggestions a 10% savings on procurement spend when post-negotiation obligations are well managed.  Working with a broad team of stakeholders in the industry they are looking to partner and take on this challenge.  That’s what legal operations and executing change is about solving big hairy problems with your partners in the ecosystem.

Mo Zain Ajaz is the Global Head of Legal Operational Excellence at National Grid.  He has responsibility for legal function strategy, operations, embedding performance excellence, technology, as well as panel firm appointment and delivery. Mo is also engaged in a not for profit program called LExOpenSource.com, which is a platform where a number of other...]]>Enabling Collaboration Through Tools

On episode 119 we talk with Mo Zain Ajaz, the 2018 Legal 500 Individual of the Year for Legal Operations.    Mo is accountable for operational excellence across National Grid’s Global Legal Function.

Having understood what is important to its business (including a 25% efficiency goal), the legal operations team at National Grid helped build a 3-year strategic program. They started by gaining visibility to their external spends.

The introduction of an e-billing system and a new panel of outside counsel provided an opportunity for improved scoping of work, matter budgeting and stronger alignment with firms.  To manage risk and drive efficiency, National Grid prioritizes and right sources legal work; matter profile and risk thresholds underpin decisions specifically what should be done in-house and what should be outsourced with the goal being to drive value and reduce cost without increasing risk.

With the addition of data and standards for outside engagement, the next step involved enabling change using lean and design thinking models including legal project management data-driven decisions, visual management; real time information. Through these models including the Hines Model for change National Grid ensured that their strategic road map remained on track.  The Hines model highlights the key conditions required for effective change and more importantly the consequences when a key condition is missing.

This and other lean models can be used to take an audience from current state to future state.  A lean tool that National Grid uses for stakeholder engagement is 3C.   Using 3C stakeholders are asked:

• What are your concerns with the current way of doing things?
• What is the cause of these concerns?
• What would be the counter-measure to this concern?

The project sponsor using 3C model puts counter-measures in place to address the concerns and create greater solution ownership from stakeholders.  

Creating the conditions for change and collaboration with law firms is the role of in-house teams.   National Grid holds quarterly Operational Excellence Workshops with their firms to address relationship or process concerns through collaborative design thinking workshops.  The internal team and a panel of outside counsel work to resolve issues by problems solving, sharing best practice and building a plan of deliverables for the next quarter.

Topics addressed at these workshops include a technology audit of the law firms National Grid uses to optimize the use of technology on National Grid matters and decision trees to right source work. 

The next frontier for National Grid is obligations tracking within a contract lifecycle.  Data suggestions a 10% savings on procurement spend when post-negotiation obligations are well managed.  Working with a broad team of stakeholders in the industry they are looking to partner and take on this challenge.  That’s what legal operations and executing change is about solving big hairy problems with your partners in the ecosystem.

Mo Zain Ajaz is the Global Head of Legal Operational Excellence at National Grid.  He has responsibility for legal function strategy, operations, embedding performance excellence, technology, as well as panel firm appointment and delivery. Mo is also engaged in a not for profit program called LExOpenSource.com, which is a platform where a number of other legal professionals share market best practice on the business of law.

As part of our Executing Change series, focusing on in-house legal award winners and the changes they’ve implemented within their departments, we welcome back Alan Bryan, Wal-Mart’s Senior Associate General Counsel.  Alan was also a guest on LeftFoot Episode 68.

Walmart had an opportunity to change; to centralize, to change firm engagement, and increase legal dollar spend value through leverage – and it worked.  Walmart saw immediate value through the implementation of uniform engagement letters with uniform terms and rates; eliminating tens of thousands of agreements including agreements with different terms and rates with the same firm.

Uniform engagement letters set the stage for what was next.  In a legal department where the majority of matters are litigation; Walmart turned to data; matter-by-matter RFPs and reverse auctions to create fixed fee and phased fee proposals.  Dashboards and access to data remain critical parts of the program today, a process that began with data cleanup and the assembly of an analytics team to manage the data and data access.

From the outset, the Walmart Legal operations team had buy-in from the top and executed a detailed communication program with intended outcomes of the changes they were implementing.  Communicating the plan for change and ultimately the impact the programs were having they were surprised by the acceptance and willingness of their outside partners to assist. Becoming more predictive with data, including data from their stores is part of Walmart’s future; specifically the use of artificial intelligence in e-discovery and reporting at the outset of a matter; to save time and money.

We concluded our Executing Change discussion with Alan’s advice to legal professionals on change; move beyond being risk-averse; change your mindset specific to change; be creative, innovative; think strategically, holistically.  Today’s legal world is changing, and change is a necessity.

Alan Bryan, Wal-Mart’s Sr. Associate General Counsel, transitioned from law firm partnership to in-house counsel managing litigation for the world’s largest retailer.  Today, his office oversees his company’s relationships with all outside counsel measuring performance and cost with a focus on data and the use of time-saving technology.  The recipient of an ACC Legal Operations Professional of the Year Award; a 2018 Buying Legal Council Award winner for Process Improvement in corporate procurement; Alan recently accepted one of the 2018 ACC Value Champion Awards for Legal Operations on behalf of his team.

We chat with Matt Galvin of Anheuser-Busch  

Over the last three years, Matt Galvin has executed change and embraced the use of data in decision making as the Global Vice President for Ethics and Compliance at Anheuser-Busch InBev.  Following a significant global acquisition, Matt talks with us about both the volume of compliance matters and the risk factors associated with the newly combined organization.

To fulfill their compliance mission, Matt and his team created a living-breathing model to access risk quickly and educate the business about future risk.  Focusing on the data associated with potential compliance risk and the risk of the relationships present as the most efficient way to deal with the hundreds of millions of transactions of the combined organization.

Their initiative started with a pilot where they looked at data in terms of sets and systems and determined where the data sets were that represented the most risk.  They would then focus in and filter up and down in search of other risk factors.   Pleased with this approach they quickly determined that training someone to do this could take months and would require an audit layer and additional oversight.  To address this concern they took the project a step further creating 12 workflows and visuals to attach the model to different systems and situations.

Now armed with data and responding with full transparency to the business, a project that started as a compliance project is now a transparency project.   By risk scoring– every transaction, every vendor, every investigation – the business is taking notice where compliance risk is being identified.  Access to this information has also allowed for faster decision making.  Risk profiles are used to investigate related issues more thoroughly.

In evaluating compliance matters, lawyers typically look at the same facts over and over in the abstract.  By accessing multiple data sets, pulling the data from different data sources to build a compliance model, AB-InBev is relying on the truth of the data present.  Creating a compliance model based on real data versus the abstract the data sets and systems will get smarter as will our teams.

Matt Galvin, Global Vice President for Ethics and Compliance at Anheuser-Busch InBev, is skilled in Corporate Social Responsibility, Economic Sanctions, Anti-corruption, Dispute Resolution, and Big Data Analytics.

Creating an In-house Legal Department of Value

Cameron Findlay is the SVP General Counsel and Secretary at Archer Daniels Midland (ADM), the largest food processor in the world.  The legal department Cam leads has been recognized as one of ‘Corporate Counsel’s 2018 Best’ for executing change; notably firm convergence, upgraded matter management and insourcing.

Wanting the legal department to be a value center for ADM, Cam and his team set out to preserve and affect value where they could.   At the outset current spend and therefore savings goals weren’t clear, but ADM knew they needed to spend less and put better controls in place. Their efforts were less about innovation and more about executing change, applying ideas that had been used elsewhere.

When they looked at spend, a key factor was a total spend of which 85% was being spent on outside firms, and 15% was being spent on in-house work.  The iceberg effect was in full force, ADM’s time and effort were being spent managing the 15% above the surface with little time and effort focused on the 85%, below the surface.    By seeing and focusing on the 85% they were able to implement change and achieve real savings.

Educating and changing the mindset that a small in-house staff does not equate to lower legal spend; Cam and his team educated their colleagues on a more effective process, showing business leaders that a larger in-house team would create savings.  While the naming of panel firms is a suggestion, not a limitation, and that 100% compliance to matter management is a challenge a hurdle that pays off.  Technology is a great enabler to practicing higher value law, focusing on matters that matter and having the data to better manage matters and matter cost.  We can’t underestimate the impact of technology on the legal profession.

Outside counsel guidelines, agreeing to a specific rate structure, and concentrating work with a smaller group of firms in exchange for a value agreement is a culture change.  Budget certainty for in-house teams and volume-based incentives for firms requires communication and culture; as a profession, the legal industry needs to do a better job up front as to what ‘work’ will cost.  Firms add value when they proactively present cost saving and fee arrangement ideas, getting in front of alternatives; that proactive management matters.

Cam commented on the rise of activism putting pressure on companies to change the agreements they have with law firms; that every organization will have to do more with less. Today there is an opportunity to disaggregate the legal process to a variety of resources – contract lawyers, non-lawyer professionals, and that opportunity exists to utilize alternative providers. Cam and others are asking firms to understand the spirit in which they are entering into agreements and to come up with innovative ways to provide great legal service at a lower cost.

Cameron Findlay has been the General Counsel for three important organizations after a career in private practice and government – which included time as a law clerk for Justice Scalia.  Cameron Findlay Bio

Today’s guest a deep understanding of nonverbal communication and the perception of leadership presence. She’s worked extensively with lawyers and legal professionals, as they look to project the image of how they’d like to be perceived while remaining authentic.

Today’s guest Cara Hale Alter has a deep understanding of nonverbal communication and the perception of leadership presence. She’s worked extensively with lawyers and legal professionals, as they look to project the image of how they’d like to be perceived while remaining authentic.

Behaviors can lead to very predictable responses from others and lead others to your preferred assessment.   For lawyers and legal professionals, the behaviors that convey strength and leadership include strong posture, a strong voice with optimal volume, and eye contact.  Similar to other professionals, lawyers are often plagued with verbal fillers ‘umm, yes, and like’, and upward inflection ‘valley girl style’ at the end of a sentence.

While fillers can be easily replaced with pausing, coming to a complete stop at the end of a sentence; most people are uncomfortable with it.  Adults who came of age before or during the 80s, cascade down at the end of their sentences.   Others can credit “valley girls” with the lightweight style of upward inflection at the end of a sentence.  Removing upward inflection will go a long way in improving presence and credibility.

Do you keep your head still while your talking?  This alone is a very high-status behavior.  How about volume calibration issues?  If you get feedback that you need to speak up, doing so will increase your influence.   You can improve your physical presence by pointing your nose at the person your speaking with, and for video and video conferencing have your chin on the level with the camera not raised or down, and strong lighting will put your image in the best light.

Cara Hale Alter is the founder and president of SpeechSkills.  She is a sought after trainer and speaker working with a wide range of organizations including Facebook, Google, Caterpillar and numerous AM100 law firms including DLA Piper, Morgan Lewis, and White and Case.  She was a main session speaker at the 2018 CLOC Symposium.

EVP, General Counsel and Secretary of DXC Technology, Bill Deckelman is one of the most innovative General Counsels in the market today, we’re excited to feature him as our first GC in our Executing Change Series.

Bill Deckelman had a clear understanding of both the mission and execution that lead to the well-publicized rebadging of 225 of DXCs 525 lawyers.  Redundancy brought on by the merger that created DXC and the need to reduce legal spend sent Bill and his team searching for a solution that also met long-term goals of improving speed to market and compiling data to improve performance.

Once outlined there were many compelling reasons for DXC and the individuals directly affected to embrace the impending change. The legal industry and business are changing and the rebadged team saw this as an opportunity to work for an organization continually investing in technology and the discipline to be process driven; while DXC saw the value of accessing people operating within cutting-edge practices. Essential for Bill was the immediate support of the DXC CEO; noting a definite turning point when the concept clicked with the leadership team.  Over time, as the communication around the benefits became clear; support for the change continued to grow.

Bill sees the digital transformation as the driving force behind change in business and in legal, that technology will enable work, but people need to open their minds to new ways of doing things.  While technology can be implemented quickly; preparing people and changing an organizational culture takes time.   DXC is moving the needle on value; promoting the need to be efficient while exercising professional judgment when it comes to risk.

Newsjacking With Style

Out of the gate, our conversation with Mitch Jackson focused on the use of social media to enhance human-to-human behavior.  Connecting with 100s if not 1000s of people to create relationships and move your referral base beyond local to global.  We’re all in media publishing, and how you use social media makes a difference.

The market is moving fast to video and storytelling, and today’s news is the most relevant to the social media viewer.  Newsjackingallows you to capitalize on breaking news by sharing comments and offering a unique perspective or fact.  Mitch’s strategy is 70% listening, providing tips and giving back to the community; and 30% creating and publishing content that helps others solve problems and make improvements.

A few tips? Social media content lives into the future but doesn’t have to be perfect. Be engaging, humanize your brand, and find the unique intersection of timing, trust, and need.  Last point? When you combine social media and traditional marketing – magic will happen.

Jackson and Wilson name partner and blogger Mitch Jackson helps good attorney’s become, great lawyers.  He uses his experience practicing law and building businesses; along with his knowledge of technology and social media to help others become better communicators and resolve legal challenges.  Mitch Jackson Bio

In Episode 112 we talk with Ivy Grey, lawyer, Legal Tech Designer and Legal Tech author. For Ivy, the transition from lawyer to legal tech designer wasn’t difficult; growing up in Silicon Valley she naturally uses technology for efficiency.    Similarly, she’s embraced writing about technology with the goal of making the duty of technology competence accessible to all lawyers by focusing on the technology lawyers use every day; tools like Microsoft Word and the Microsoft suite of products.   Implementing legal technology shouldn’t be total upheaval; it’s about palatable changes that allow technology to impact how we work.

Ivy looks at changing market conditions as having forced the wall down between lawyer and client.  Clients today expect their lawyers to care about efficiency and outcomes.  For Ivy, that means understanding the whole situation not just the legal and risk components.  By following what’s going on, how we got here and working to correct the cause of the issue we put ourselves in the client’s shoes and show that we care.

In addition to her writing and legal tech design; Ivy Grey focuses her legal practice on bankruptcy and distressed transactions.   Ivy Grey Bio

On Episode 111 Brooks Brown of Goodwin Procter talks about the initiative and energy required for consistent business development success; that building relationships that lead to new clients and additional work with current clients should be part of each day. Reviewing a single page business development strategy document weekly and prioritizing tactical business development objectives is an important and enjoyable part of legal work and a priority within his practice.

For Brooks, repeat success comes from understanding the goals of his clients and their organizations.  Asking early what success looks like, beyond the facts then collaborating with them to meet their business objectives.  His success story reflects on educating firm relationship partners on a specific area of risk, and it’s associated litigation. Explaining a complex legal concept concisely using business terms that lawyers could remember and convey to others.

Brooks advise to those starting out?   Be focused on building a toolkit of what works in business development today.  Clients in today’s market value experience and expertise that allows them to be efficient in what they do. Using data intelligence to support alternative pricing models builds confidence both internally and with clients.  Sharing firm operations expertise; recommendations on fee arrangements; and providing input on e-discovery tools are examples of helping clients achieve effective outcomes.

Brooks Brown is a partner in Goodwin Procter’s financial industry group and co-chair of the banking and consumer financial services practice.  He specializes in defense of leading financial services and technology companies in consumer class action, government investigations, and enforcement actions.  Brooks Brown Bio

Today’s guest is Cat Moon a practicing lawyer, educator and business leader with more than 20 years of experience in human-centered design, agile project management, strategic communication, and the practice of law.

Human-centered design is a process, a set of tools, a mindset of curiosity and empathy.  It’s putting you in the shoes of the client; asking excellent questions and listening intently before offering solutions. Human-centered design is reorienting how you work and delivery service by putting the client in the center.

Along with human-centered design, Cat and her colleagues at Vanderbilt University Law School are teaching and practicing collaborative skills with cognitively diverse teams. Cognitively diverse teams are both efficient and effective in solving today’s business problems, serving client more broadly and with stronger conclusions than non-diverse teams.

Reflecting on her own experience as a practicing lawyer, Cat’s advice to others includes going above and beyond for clients and seeing feedback as affirming and valuable.   She also encourages embracing ambiguity, asking questions and gaining insight before presenting a solution.

Cat Moon is the Director of Innovation Design, Program in Law and Innovation at Vanderbilt University Law School; where she is also an adjunct professor.  Cat is the Chief Operating Officer, Chief Design Officer and Co-founder at Legal Alignment – a company focused on creating alignment in legal workflow through legal process management training and global certification.

A partner since 2007, Sarah Cave kicks off our conversation talking about digging in on tough problems, being highly organized, and listening to understand a client’s wants and concerns.  She then shares her three-pronged growth strategy:

• Show Up: be thoughtful about determining events and situations to participate in that allow you to meet potential clients and make connections with people who are good to know
• Put Up: keeps your skills toned and ready to assist clients and potential clients
• Shut Up: focus on listening, observing, and being keenly aware of the needs of your clients and their desired outcomes

Sarah reflects on her positive experiences getting involved and showing up for events with both her local Bar and the International Bar Association.  She conveys a success story that came out of meeting a lawyer at an International Bar Association event.   She also talks about seeing clients as people and ensuring you’re aware of the goals of the person and not just the matter at hand.

When asked what’s truly innovative in legal technology Sarah notes that strong communication and technical sophistication is expected by clients today.  That leveraging technology to effectively connect and respond to a client’s needs will enhance the trust and confidence a client has in you and your services.

Sarah’s advice to those starting out, have a plan that’s flexible; take advantage of opportunities that present themselves.  Be informed, not just about the law but about business and industry so you can respond to your clients’ needs and requests.  Lastly, listening is critical in developing client trust and confidence.

Hughes Hubbard & Reed, Partner, Sarah Cave leads a practice focused on complex securities litigation, professional liability, and bankruptcy litigation in federal, state trial and appellate courts across the country.  She’s worked on the largest financial crisis-related litigations of the past several years.  Sarah Cave Bio

As a former in-house lawyer within a big organization, Judy understands the path to success requires an understanding of the client’s culture and the goals of their legal department for the next several years.  With this understanding, she focuses her efforts on projects that align with both the long-term strategy of her firm and the strategic plans of her clients.  Key to this plan is creating a happy, productive environment – a joyous experience – on both sides of the table, enhancing client and outside lawyer communication expanding the opportunity to present ideas and resolve issues.

A focus of our episode was Judy’s success story where she highlights a pilot project designed to improve timelines, enhance institutional knowledge of the client, and ensure proper budgeting for a significant portion of the client’s legal spend.  For this project, Perkins is providing all outside counsel support (excluding litigation) for a subgroup of the client’s legal department in exchange the client is paying Perkins a monthly fixed fee with a discretionary bonus to be paid at the end of the year.  This 12-month retainer is a percentage of the clients typical yearly legal spend.

Perkins is managing this portion of the budget on behalf of the client assuming control and responsibility to ensure the work completed meets the client’s overall spend strategy.  New matters and projects are discussed weekly with the client and less strategic matters may be allocated to a lower cost provider or put on hold.  An added plus – by structuring an engagement that doesn’t require the firm to pitch on every matter, the firm can focus on being part of the solution; offering creative and strategic ways to assist the client

This success story is a great example of how law firms and in-house legal departments are changing and why partnering and delivering services in different ways is critical in today’s competitive environment.   

In this week’s episode, we talk with Lisa Konie, Senior Director of Legal Operations at Adobe Systems, and a CLOC board member.

Legal Operations and Efficiency

When defining legal operations it’s helpful to look at all the things that naturally fall on the shoulders of lawyers but don’t have anything to do with the delivery of advice. Legal Operations is focused on making in-house legal and their relationships with outside counsel and other legal services organizations more efficient.   Outside Counsel relationships and partnerships are built on a foundation of trust and satisfaction, legal operations make them better, faster, stronger, and ensures high quality.  Similarly by effectively implementing AI and other efficiency technology lawyers can focus on more strategic activities.  Legal departments today don’t want lawyers doing operational work; they want them doing what their uniquely capable of doing; work that requires legal advice.

Legal Operations Drives Value

When looking to create a relationship with a prospective client like Adobe, Lisa suggests thinking differently.  Learn the business model of the client, learn about their culture, and their industry.  Where legal operations exist understand their role within the business; if you’re bringing forward ideas and efficiency legal operations is a terrific entry point.   Think of in-house legal as a small law firm of peers that could use help with tools to be successful.  Lend your expertise and help them be more efficient, resolving pain points as a peer; not a super snowflake client.

Change the Conversation

It’s time to change the conversation to value, and how firms and vendors can help in-house legal can get more value for their spend.  In-house legal wants to talk about matters and effective outcomes for their organization; not billing and the allocation of resources assigned to our account. Talk impact; present data they can use, share, collaborate and help proliferate the ideas needed to do legal differently.

Lisa Konie is the Senior Director of Legal Operations at Adobe Systems and a CLOC board member. She’s responsible for her organizations Legal and Government relations departmental operations including strategic planning, outside counsel relationships, tool implementation, and communications.  Ensuring departmental effectiveness and efficiency while effectively fulfilling the needs of the business.

Lisa Konie on LinkedIn

In this week’s episode, we talk with James Libson, Executive Partner at Mishcon de Reya, about his practice and setting up the Mishcon Academy to help lawyers develop the skills needed in today’s modern legal environment.

Reflecting on his career; his success as a firm leader; and cultivating business, James talks about continuously servicing clients, guarding their interests while constantly being on the hunt for new clients; many of which will come through good service in the form of referrals.  He encourages his legal team to take advantage of both the institutional business development efforts available through the firm while also seeing business development as building their own business.   This encouragement along with the addition of business and commercial training available through the Mishcon Academy has shown accelerated results; and is now part of the formal training program for Mishcon team members.

When asked about growth strategy, it’s evident this is an area were the Mishcon de Reya has spent time and effort; and it’s paying off.    The process began by developing 3-year strategic plans for each of their 16 businesses.  Attention to these strategies has resulted in significant growth.   Taking this further Mishcon is rolling their 3-year plans under a 10-year vision for the company.  The business decisions being made by Mishcon today represent the desired essence of the firm 10 years into the future.   By thinking, working and planning for a future vision, they’re able to make brave decisions enhancing the business in areas they wouldn’t otherwise invest.

When analyzing the market, James finds the most innovative lawyers are looking at the application of the law in new areas like drone or blockchain law.    Dovetailing this with his advice to lawyers, seek an area of law that’s of interest to you; that’s intellectually stimulating.   Today lawyers need different skills; it’s these skills that will accurate the advancement of this new generation of lawyers within the firm.

James Libson is the Executive Partner at Mishcon de Reya.  He acts for a variety of clients in the areas of privacy, employment, commercial disputes and litigation.  He’s worked on several high profile cases and believes a lawyer in practice is nothing without clients.    James Libson Bio

The following highlights points from our discussion with Javier Fernandez-Samaniego, the Managing Director of Samaniego Law; an alternative Iberoamerican law firm.

Firms as Aggregators

Alternative firms offer a different structure for the delivery of legal solutions focusing on delivery as an aggregator of solutions.  This includes specialties not typically part of a traditional firm; non-legal services, technology, and outsourced solutions.  Offering overall consultancy and technology solutions within a firm often appeals to the General Counsel who doesn’t trust the disparate pieces but trusts the judgment of the alternative firm to provide a combination of services to assist in the resolution of business problems or facilitating business improvements.

Offering clients the coordination of and collaborative solutions is the way of the future.  Lawyers who think broadly and provide business solutions to clients, build trust and foster long-term client relationships.  It’s about the client and their business need with the use of technology benefiting the way a lawyer practices not as a replacement or a deterrent to practicing.

Firm Business Models and Innovation

While many US business models are innovative, the US legal industry isn’t seen as innovative, it’s seen as reluctant to change.  The legal industry needs to commit to staying current.  An example to replicate is the healthcare industry; an industry that’s saving lives by embraced innovation and continual advancement.  Looking at the medical industry and the need to stay current lawyers and firms may see the value of innovation, technology and embracing change.  Optimism exists with a new generation of lawyers hungry for change and a buyers market of General Counsel demanding it.

In the EU it’s a moment of transformation; lawyers are struggling which is driving innovation.  Referencing a report on the future of the legal industry by the UK law society of England and Wales from 2016.   We connect the change in the UK legal industry to the financial crisis and the liberation of the legal services industry through the law society’s approval of alternative legal business models – paving the way for UK firms as innovation leaders in their jurisdiction.  This change, along with allowing external capital in structuring the ownership of firms has greatly influenced how clients buy legal services in the UK today.   While large corporate organizations include fewer law firms and add several alternative law companies to their panels; organizations trying and having solid experiences with alternative firms we’re seeing change enabled.

Opportunity and Slogans

Today there are more opportunities than ever within the legal industry.  Being a lawyer is an incredible profession as lawyers are drivers of change.  Thinking about the needs of clients shouldn’t be a marketing slogan but a way of doing business.   It’s our obligation to understand the needs of clients and to find the most efficient and appropriate solutions to solve their business problems.

Javier Fernandez-Samaniego is the Managing Director of Samaniego Law; an alternative Iberoamerican law firm specializing in technology law and dispute resolution.    His firm has experience working with EU clients, Latin American Clients – and US clients undergoing EU expansion.   Javier Fernandez Samaniego Bio

On episode 104 we talk with Travers Smith, Managing Partner, David Patient.  David is clear on the approach he’s personally employed while growing Travers Smith in Europe.  Noting the importance of being front-of-mind with clients, the tireless pursuit of targets, and thinking about clients even when they may not be thinking about you.

Personal service and developing relationships – knowing as many people as possible – is important, and when given the opportunity to work with clients deliver the best service possible.   The practice of law is about people, and the people you’ll meet during your legal career.   By listening to what clients want, and what’s happening in the market, you and your practice will grow.

Be brave, be tactical; persevere.  When rebuffed don’t take it personally there may be a real reason you’ve been turned away, try again another day.  It’s a long career. It builds.  Maintain your network of peers and look for people who need your advice on a regular basis.

When asked what’s truly innovative today?   The conversation turned to innovation by press release.  The core of innovation in the delivery of legal advice and services today is listening to clients and being efficient.    While the innovation applied to attracting and maintaining a millennial workforce will be key to the future of firms.

Travers Smith, Managing Partner, David Patient leads the London and Paris presence for his firm. An international M&A specialist he also heads his firm’s International committee coordinating relationships with leading independent law firms throughout the world.   David Patient Bio

In episode 103 we featured Lisa Howlett, General Counsel, SVP and Secretary of Hunter Roberts Construction Group.  Lisa ensures her organization has effective advice and representation working on legal issues related to construction, contracts, corporate transactions, real estate, labor/employment law as well as strategic business consulting and intellectual property matters.  Lisa Howlett on LinkedIn

Lisa learned early that the two key skills of in-house and outside counsel are listening and being responsive to the businessperson you’re assisting; learning what they’re trying to accomplish.  Today, she hires outside counsel that cares and understands the personal and professional risk in-house attorneys are taking by bringing in outside counsel in with the hope they’ll provide valuable assistance that fulfills a business need.

Establishing trust with outside counsel is important, and as matters change and organizations grow you can’t rely only on people you know.  Continuously evaluate other outside counsel and be open to working with new people.  Look for attorney’s that are prepared and knowledgeable but also willing to share ideas in their area of expertise.

Save the meal invitations and trying to establish a business relationship by creating a social one first; no thank you.  Invite Lisa or someone on her team to a CLE, have coffee before; or introduce her and her team to someone who can help them.  Assist the team by providing something beneficial to the business.   Social relationships don’t create business relationships; helping solve business problems creates business relationships.

For Lisa and the businesses, she represents cost certainty is important.  RFPs are done for larger opportunities and smaller opportunities are often sent to new firms on a trial basis.  She looks for lawyers and firms that will work with her; that is willing to discuss alternative fees; looking for predictability where it exists breaking down the components of a deal and getting creative with overall costs.

As willing as she is to recommend paying for the advice of a specialist partner; Lisa and her team want to manage and be fiscally responsible about components leading up to advice.  Balancing alternatives to be efficient, including working with outside counsel for advice and in-house counsel and technology for document review her in-house department is stretching out in the new legal model.

In today’s world, the management of information is key and in-house counsel sees value in the culling of information done by outside parties presenting information to clients in a usable format.  Lisa is also a fan of co-utilizing technology recommended by the firms she’s working with.  Jointly using technology shows a commitment to efficiency and the long-term relationship.

Lisa’s advice to new lawyers just starting out?  When looking to establish a professional network that could ultimately provide business for your practice Lisa suggests looking at your peers and building for tomorrow.   When given the opportunity to bid on business make sure you convey the values of your firm.  In-house legal is aligning hired legal staff with members of a business team they need to know that the firm and lawyers are in alignment with the mission of the client and the firm.

Today’s legal industry lacks middle-level lawyers many left 2008-2010 exactly when law school attendance dropped. The opportunity exists and there are many different avenues for junior associates today.  

Lucy Bassli’s new adventure allows her to have a broad impact on the legal industry. Through her work at LawGeex and the organization she founded, InnoLegal Services, she provides both the ‘what’ of legal advice and the ‘how’ of a consultancy; advising on the effective delivery and receipt of legal services.   We summarize our LeftFoot Podcast, Episode 102, below.

Today’s in-house legal departments shouldn’t have to pick a law firm and an alternative service provider. They shouldn’t have to piece together service efficiencies and legal tech.   Today it’s more common that law firms are coordinating legal administration and technology on behalf of clients. Law firms are perfectly poised to offer a broad legal tech and human resource solution.

We’re at an inflection point, the volume of work is overwhelming and budgets aren’t unlimited. Lawyers need to get comfortable with other people and systems doing things on their behalf. It’s smart risk-taking. Relying on technology is no different from relying on a paralegal or an alternative legal solution or outsourcer to help.  When automating an integral part of a lawyer’s work adoption comes from positioning the new solution as not different but more efficient due to technology. The technology is not making decisions, its helping lawyers do things faster and with more information.

The UK and specifically London seem to be buzzing about legal innovation and legal tech. A recent LeftFoot guest suggested that professional services within the UK specifically London had to quickly implement innovation and efficiencies after the downturn in 2008. The UK didn’t bounce back like the States did. The alternative business structures in the UK allow the delivery of legal services by other businesses, other business people created a healthy tension for innovation.

While there are no reasons legal professionals should be threatened by legal technology and outsourcing; there is no reason the legal field should continue as is.

Lucy Bassli is a recognized leader in legal operations and innovation. The former Assistant General Counsel at Microsoft she recently joined LawGeex as Chief Legal Strategist. She also founded her own law firm and consultancy, InnoLegal Services.

Lucy Bassli Bio

A lawyer labeled as ‘commercial’ is a good thing. Commercial lawyers are interested in quickly and cheaply resolving the client’s business problems as emphasized in a recent interview with Kirkland Partner, Dale Cendali.  Dale leads her firm’s Copyright, Trademark, Internet and Advertising practice group.

It’s the age of competition and expertise. Even with the growing addition of professional marketing and business development resources within firms, there’s an expectation that partners manage their business; bringing in new clients; staying current, and important to clients. Being aware and accessible.  Seek out opportunities in your area of expertise.   Having started her career when specialization was less valued, Dale developed her IP expertise over time combing her interest in the arts and her work in intellectual property and fair use in support of artists and artist’s rights she researched and learned about her topic.  Enthusiasm alone will not get new clients you need to make people aware of your expertise.  She wrote article after article; and gave speeches to any group that would have her.

Become sought after. Over time Dale developed an expertise and a reputation in her field. Today she’s invited to pitches because of it.  Being contacted by someone you don’t know; or someone who doesn’t know someone you know; the un-affiliated is a sign that you’ve developed a practice. Today, clients seek the best lawyer for the project there is more competition and less institutional loyalty.  Mentor others, build your practice and continue to develop a presence.    You need success and a successful track record to be successful at pitches.

Business development is both new and old school. Be seen, be trusted, be friendly, and be knowledgeable. Offer a personal touch, and showcase others. When clients evaluate partners they see the team. Are they well operating, friendly, knowledgeable, and team players? A lot of business development is new and a lot is not; the accessibility of people through electronic means has changed the pace of client support; while being a nice person, having favorable results is not.

Just starting out? Get involved in bar association work. Pick a group, participate, go to meetings, get to know people and people will get to know you, you’ll learn and you’ll be seen in your community and in your firm as someone getting involved. It can be daunting to do business development; to add more tasks to your ‘list’.  A career is a marathon take a long-term view.

Dale Cendali is a nationally recognized leader in the field of intellectual property litigation. She’s successfully litigated and tried – numerous high profile cases including having argued before the US Supreme Court.   Dale Cendali Bio

Think Dynamically About Your Clients

In the 100^th episode of LeftFoot our guest Katie DeBord, Chief Innovation Officer at Bryan Cave highlights the substantive changes taking place in today’s legal environment and how it’s changing the lawyer-client relationship at every level.   That the firms, practices, lawyers and legal service providers who are doing things differently investing in innovation and that have a culture of innovation from the top down are making an impact.

Today outside legal providers are differentiating themselves by presenting tools to help clients operationalize their legal advice. There’s an increased awareness of legal operations and the integration of legal advice with the technology available.

It’s about holistic legal service delivery, lawyers asking and addressing business questions.  Recognizing that a client may need both legal advice and the efficiency of an LPO. By offering a collaborative approach that’s authenticated and process managed you’ll making it efficient for the client, meeting their expectations within a budget that works for them.

Katie’s advice to partners and senior associates taking on business development responsibilities. Get over imposter syndrome, ask your clients questions. They’ll appreciate that you’re interested in their business. Research, think dynamically about how you and your firm can help them meet their goals including and going beyond the delivery of legal advice.

As Chief Innovation Officer at Bryan Cave, Katie DeBord drives her firm’s global initiative to innovate the way the firm delivers client services. Including new ways of training and developing associates; and new processes and technologies to drive efficiency and collaboration within the firm. She also spearheads the development of custom technologies that enable clients to streamline and better manage their legal operations.

Katie DeBord Bio

Our guest on podcast episode 99, John de Forte has been advising law firms and other professional services organizations around proposals for over 30 years. He authored ‘Winning Proposals the Essential Guide for Law Firms and Legal Service Providers’ in 2017.

Legal Purchasing

We begin our conversation talking about the growth and influence of professional purchasing within in-house legal.  Not yet the final decision makers these professionals are influencing the process and are focused on getting value for money spent while creating a more objective buying process.

Value

In today’s environment, legal providers should be focused on presenting themselves in the most objective way possible connecting work product to value.  Clients are looking for assistance in the management of legal resources and overall legal spend, gone are the days that the role of the law firm is solely technical relative to the law.

Outcomes and Continuous Improvement

In-house legal is also looking at outcomes and what each partner has achieved specific to outcomes and the benefits of the result. Purchasing and in-house legal are looking for continuous improvement; and an increase in quantifiable value over time. Law firm partners are tasked with providing the data and cost breakdown to assist in evaluating value.

Incumbency

Retendering efforts for the next contract cycle should start the day after the initial contract takes effects.  Start with tracking achievements and implementing an independent review two years in advance of a contract renewal to access client satisfaction, and to surface issues to be corrected. This will be helpful in reiterating the positive things that have happened within an account over the life of the contract. Planning early is the best way to make the most of the natural advantages of having a current contract.

Qualification

The general feeling among professional services organizations specific to bidding is opportunistic. Implementing a qualification process and being more selective increases win rates and reduces opportunity cost.  Successful deal qualification should include positive responses in four areas:

Strategically, is this a sector we have a focus on and are committed to. Can we be successful?

Tactically, is there an existing relationship and do we have access to decisions makers during the tender. Without access or a relationship, your ability to develop a relationship is greatly reduced.

Logistically, do you have the resources to complete the tender well and would there be an opportunity cost specific to other tenders?

Commercially, would this be a profitable business?   Is there an opportunity cost of doing the tender that will jeopardize other more qualified deals.

Bid Strategy

First, develop as detailed an understanding as you can about the organization and the key players in the organization. Your tender is only as good as the evidence in support of the client’s specific requirements. It’s important to understand how the reviewer will be ‘seeing’ your submission.

Second, you need access to intelligence, having a relationship or the ability to develop a relationship during the bid process is important to understanding priorities which are not clear from the tender document.

Third, avoid the trap of looking at a tender as an exercise in compliance. It’s not about filling it out the questions and going through the exercise before a deadline, it’s about getting ahead of the competition. What is the client trying to achieve and how can we assist them. It’s not about capabilities]]>Legal Tender Strategy

Our guest on podcast episode 99, John de Forte has been advising law firms and other professional services organizations around proposals for over 30 years. He authored ‘Winning Proposals the Essential Guide for Law Firms and Legal Service Providers’ in 2017.

Legal Purchasing

We begin our conversation talking about the growth and influence of professional purchasing within in-house legal.  Not yet the final decision makers these professionals are influencing the process and are focused on getting value for money spent while creating a more objective buying process.

Value

In today’s environment, legal providers should be focused on presenting themselves in the most objective way possible connecting work product to value.  Clients are looking for assistance in the management of legal resources and overall legal spend, gone are the days that the role of the law firm is solely technical relative to the law.

Outcomes and Continuous Improvement

In-house legal is also looking at outcomes and what each partner has achieved specific to outcomes and the benefits of the result. Purchasing and in-house legal are looking for continuous improvement; and an increase in quantifiable value over time. Law firm partners are tasked with providing the data and cost breakdown to assist in evaluating value.

Incumbency

Retendering efforts for the next contract cycle should start the day after the initial contract takes effects.  Start with tracking achievements and implementing an independent review two years in advance of a contract renewal to access client satisfaction, and to surface issues to be corrected. This will be helpful in reiterating the positive things that have happened within an account over the life of the contract. Planning early is the best way to make the most of the natural advantages of having a current contract.

Qualification

The general feeling among professional services organizations specific to bidding is opportunistic. Implementing a qualification process and being more selective increases win rates and reduces opportunity cost.  Successful deal qualification should include positive responses in four areas:

Strategically, is this a sector we have a focus on and are committed to. Can we be successful?

Tactically, is there an existing relationship and do we have access to decisions makers during the tender. Without access or a relationship, your ability to develop a relationship is greatly reduced.

Logistically, do you have the resources to complete the tender well and would there be an opportunity cost specific to other tenders?

Commercially, would this be a profitable business?   Is there an opportunity cost of doing the tender that will jeopardize other more qualified deals.

Bid Strategy

First, develop as detailed an understanding as you can about the organization and the key players in the organization. Your tender is only as good as the evidence in support of the client’s specific requirements. It’s important to understand how the reviewer will be ‘seeing’ your submission.

Second, you need access to intelligence, having a relationship or the ability to develop a relationship during the bid process is important to understanding priorities which are not clear from the tender document.

Third, avoid the trap of looking at a tender as an exercise in compliance. It’s not about filling it out the questions and going through the exercise before a deadline, it’s about getting ahead of the competition. What is the client trying to achieve and how can we assist them. It’s not about capabilities alone.

Rapport

The primary purpose of oral presentations is to establish rapport. Don’t make the mistake of using a script instead change your mindset and think structure.  Know what you want to convey and what will be effective.  Strip away any barrier that could exist between you and your audience by showing them you’re in charge of the subject, that you have authority.

Evidence

Whether in a tender or an oral presentation it’s important to present information that can be supported by evidence.  Often tender documents contain phrases that are not verifiable. Put yourself in the position of the evaluator who has to pass a value judgment, don’t say anything you can’t prove or verify. Verify your position or the point has no value.

John de Forte has been advising law firms and other professional services organizations for over 30 years. He is the author of two books that highlight his experience with proposals. One he authored during 2017. ‘Winning Proposals the Essential Guide for Law Firms and Legal Service providers’. John de Forte Bio

For LeftFoot episode 98 we interviewed David Pashman, a former big law transaction lawyer turned startup general counsel and educator.  David is currently the Head of Integration following the WeWork / Meetup transaction.

Reality #1: Going In-House is a Transition

A big part of David’s transition was learning to work effectively with business people, presenting complex legal issues with an emphasis on ‘why his business partner should care’.   He also gained a comfort level working with risk and uncertainty, a necessity when delivering timely advice.   His approach is to rely on what he knows and doesn’t know.   For topics, you know use your own best judgment, for topics you don’t know rely on others.   Having a strong sense of what you know – and don’t know – is critical.

Reality #2: Cost Isn’t Always a Priority 

When evaluating outside resources, David’s focus isn’t locating a low-cost provider, noting by category that lawyers charge similar rates.  He’s looking for outside partners to assist in solving business problems outside his knowledge area with seasoned judgment and experience.  In his view, innovation and cost are less important than efficient problem-solving.

Reality #3: Specific Preparation is Expected

When looking to secure a new client, David suggests an amount of research similar to what you’d do if you were interviewing for a position.   With the access to information available today, it’s not OK to be uninformed.  David looks to evaluate a potential partner’s ability to understand the legal and business situation requiring resolution noting the presenting party should have thought through the business situation and offered suggestions for resolution – even without all the details.

Reality #4: The Goal is Efficient Problem Solving

When it comes to advising on business development, David suggests beginning with a problem the client looking to solve.   Describe a possible resolution – in detail; letting the client see how you’d work and communicate as a team.   Just starting out? Spend time with business people, understand how they think, what their day is like.  Do research to understand your client or potential client’s business mindset.

David Pashman is a former big law transaction lawyer turned startup general counsel and educator.  David sees the role of the lawyer as an advisor, business partner and consigliere as opposed to the technician. A true believer in Networking to be successful he joined Meetup as their General Counsel in 2010 and is currently the Head of Integration following the WeWork transaction.   David Pashman Bio

Our discussion with Michael McGee, starts off with a point we can’t emphasize enough; it’s about the client. A client’s needs come first. Go beyond the legal deliverable and ease the concerns of the client. Get to know your clients, see them in person; get to know their businesses. Listen and continue to ask (and earn) their business. Others are asking you should be too.
Mike’s firm has a yearly strategy for growth including a specific plan and targets for the year. The plan reflects known clients activities in the coming year; what’s happening in specific industry sectors; and what’s occurring more broadly in current events. He notes that the attitude of firm lawyers about the yearly strategy is important. Being smart is table stakes, it’s important that firm lawyers understand that competition exists; and that executing a strategy and plan with energy and enthusiasm matters.

When addressing changing market conditions our conversation quickly turns to data and the ability to break down cases and matters using the tools available today. The availability of data coincides with the shifting of fee risk from the client to the law firm. Originally requests for data and specific cost outlines were driven by clients looking to understand costs, as they owned the risk. With the acceptance and widespread use of fixed fees, the financial risk is now with law firms and the data insights are being used to establish fixed fee pricing agreements.

When establishing caveats for fixed fee agreements, Mike recommends broad-based discussions in advance. For example, ‘we’ve analyzed the drivers of cost within these 5 areas; we feel confident with the fixed fees within these 3 areas; and less confident in these 2 areas and this is why’; ‘we’d like to talk about alternative fee structures for these 2 areas before we agree on fees’. Establishing a basis for this discussion should not be random, get it on the table early, talk about it.

Noting that in some areas of the law, specifically public finance, fixed fee engagements have been in place for 80 years. Lawyers not used to this type of billing are often uncomfortable with the practice. Using analytics to assist with pricing drives accuracy and can alleviate risk bringing us full circle on both the risk and the need for data.

Advice to those starting their business development journey? Begin as early as you can developing a network within your age cohort. In 10 years many of these connections will be in positions of influence as in-house counsel and business leaders. Set-aside time. Focus on the fundamentals, find your authentic voice; make an effort, and business development success and the joy of that success will come.

Michael McGee, Miller Canfield’s, CEO, oversees a firm with more than 300 legal staff; across 16 offices; in 5 countries. A corporate transactions lawyer and a senior member of the Public Finance group he’s put his law, economics and public policy education to good use.

We had the pleasure of interviewing Aliza Herzberg on LeftFoot. Aliza started her own employment law firm in 2017 after a successful 24-year career working for others. Aliza’s key to business development success is making sure she understands and meets the business objectives of her clients. She gets to know her clients and presents them with solutions versus communicating solely about the law. She values a personal touch and makes time to get to know the people she works with at her clients.

As a success story, Aliza shared an experience with a junior lawyer hired to assist with research at a client. While working on the case Aliza spent time and provided mentoring to this lawyer. This lawyer later went in-house and when an employment law matter was raised she recommended Aliza. Over the next few years, this organization became a sizable client for Aliza. A strong reminder that building relationships matters; and that junior and midlevel lawyers make recommendations.

Remembering the advice of one of her mentors Aliza suggests when approaching people for business development you may need to reframe your thinking. You’re not asking the client to pay you, you’re asking them to let you help. You’re asking them to let you provide solutions and advice, you’re offering something of value.

When asked about changing market conditions Aliza conveyed that clients today more than in years past want to weigh in and be thoughtful on whether to litigate or not. They want to have a view of the costs and to be aware of the trajectory of a case at the beginning; as well as a sense of the case status and the cost as the matter as time goes on. They want to understand the routes to resolution and their associated costs keeping in mind that employee distraction and brand implications can be just as important when making the decision to litigate.

When it comes to innovation Aliza commented on the impact of technology and social media on reminding people of the work you do and getting information out. While this type of communication may not have an immediate impact, it will likely bring referrals and direct business over time. Communicate information that reinforces what you do and the manner in which you do it.

Aliza’s advice to those starting their business development journey? Get your skills down and gain a comfort level with your expertise. Wear what you do proudly and be the lawyer you are everywhere you go.

Get comfortable with saying that you require a specific retainer and what your billing rate is. Know your rate, the rates of others you may be referring, and the services of your firm. If needed, stand in front of a mirror and say 100 times ‘my firm has a policy of requiring a retainer of x’. Get comfortable saying it. Legal services cost money and that’s OK. Those who need your help understand and in the end will feel good about the benefit derived from your services.

Last word? Talk positively and with energy about what you do. Think how the work you’ve done and will do helps others. Feel comfortable talking about money.

The CEO and Founder of AltaClaro, Abdi Shayesteh is a corporate, bank regulatory, and finance attorney. He worked for a global law firm – a boutique firm – a powerful central bank – and a groundbreaking fintech company before starting the company he now leads. Abdi Shayesteh Bio

A proponent of experiential learning, Abdi implements what he’s learning from his network of advisors and mentors, going back to those advisors, with updates on outcomes after executing their advice and counsel. This process and the willingness to take risks and try new things has been key to his success.

In turn when asked for advice Abdi looks to be part of the process sharing his approach and methodologies for executing on specific advice.  His advice specific to implementing strategies for growth?  Get in front of the right audience being strategic and surgical about it. Before you engage establish a strategy. Which industries and companies are the right companies to use your services, and what are the types of companies and industries relevant to your practice. Spend time on your strategy then deploy tactics surgically to get in front of your audience both virtually and physically.

Be authentic, if you’re not a good networker in large groups and at large functions – don’t do it. Find what works for you think quality over quantity then ensure you’re connecting with people for the right reasons, that you’re sharing knowledge that’s of value to them, creating an authentic relationship. Authenticity includes knowledge of your expertise, your likability and creating an opportunity to evaluate chemistry specifically your ability to get along and communicate effectively.

Staying in front of clients especially global clients is challenging. It’s important to build a community and be savvy enough to use electronic communication and personalized learning for marketing and client development.  Abdi and his firm AltaClaro supports the use of short bites sized videos to communicate ideas, expertise, and likability leveraging digital content to get in front of others – to get your message out and be prescriptive to a specific audience that will value it. Today the international legal community is using technology for communication, there’s a real opportunity for US lawyers to do the same.

In developing your strategy and deploying tactical activities to execute on that strategy, experiment with different technologies to get in front of the right audience. Experiment and learn break out of the mold.

In Episode 94 we talk with Mark Cohen, former civil trial lawyer, big law Partner, national litigation boutique firm founder, and insurance industry outside general counsel. An early mover on Legal Tech and Legal process outsourcing, today Mark is the CEO of Legal Mosaic and Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services. Mark Cohen Bio

Mark attributes his success as a lawyer and businessperson to being relentless, authentic, persuasive, and relating to people as people – telling stories and relying on complex, factual legal matters in a way that people can understand and resonate with.  Noting that in today’s legal environment sophisticated legal buyers look seriously at data related to outcomes and efficiency as criteria for selection and for continued use of a lawyer or firm. That the change in the industry is not being driven by the proactive conduct of law firms but rather the insistence on the part of legal consumers for change.

Our discussion focused on the difference between legal practice and the delivery of legal services. That there’s a change occurring with a reduction in activities attributed in the practice of law and needing to be performed by lawyers; and an increase in the services attributed to and performed by non-lawyer legal professionals and the technology tools available to them.  This change is requiring law firms to either have an increased understanding of the business of law internally or to be partnering with firms that specialize in the delivery side of the law.

Within the traditional legal culture, lawyers are trained to ‘leave no stone unturned’ vs. to understand the client’s objectives and the value of the overall result of the matter. In the business world, everything has a value and sometimes good is plenty good enough.    Until relatively recently, lawyers decided what activities were legal tasks and which weren’t and how much time to allocate to each. Today clients make those decisions and distinctions.  This collision of traditional legal culture with the current business culture highlights the need for lawyers to align their efforts with the interests of their clients.  These updated work practices including outcomes-based agreements require mutual trust and a commitment from both parties for a positive and effective outcome.

We end our interview with Mark sharing his enthusiastic and optimistic view of the future of the profession. That it’s a terrific time to be going into the legal industry, whether you’re a lawyer, businessperson, technologist or entrepreneur.   That the many positive developments as a result of change are leading to the emergence of a global legal community and the opportunity solve some of laws problems. The stagnant, insular and non-diverse; legal culture is beginning to change; that there are limitless possibilities in the legal industry for people who are informed and qualified.

Tune into our full discussion with Mark Cohen, LeftFoot Episode 94 on iTunes, Soundcloud, Stitcher, and LeftFoot.com.

Paula Davis-Laack, is the Founder and CEO of Davis-Laack Stress and Resilience Institute. A former practicing lawyer, Paula is a stress and resilience expert and has taught stress and resiliency skills to thousands of professionals around the world.

Paula Davis Laack Bio

For those not excited about executing tactical business development responsibilities; networking; pitching on business without success, and generally taking time to grow your practice when you prefer to practice law– this episode is for you.

In LeftFoot episode 93 we talk with Paula Davis-Laack about lawyers and resilience and the relationship between resilience and business development. First, resiliency defined. Resiliency is the ability to deal with a challenge, change, and disruption: How to withstand it? How do you recover? How to bounce forward from these experiences and moving ahead more prepared.

We began our discussion with some common traits of resilient people. Resilient people think differently under stress and pressure. They connect with others more and have the ability to develop relationships, to be part of the conversation. Resilient people are curious about learning and finding out more.   Resilient people understand how to thrive, how you recharge and stay engaged.

Resilience is a skill set you can build and practice using tools that can get you through rejection – losing a client, loosing out on a new project with a client or prospect – and help you be more resilient and make meaningful strides.   Building resilience takes self-awareness and practice.

Paula shared a quick resiliency tool to assist with ‘thinking differently when under stress and pressure’.

Using the acronym STOP:

S – Stop

T – Take a breath

O – Observe – do a quick observation of how you feel, what your feeling

P – Proceed

Using this quick time out you can reflect on what you’re thinking under stress and pressure and carry more awareness into the next situation.

The relationship between resilience and business development lead us to discuss self-efficacy and ones belief in their ability to be successful.   People with high self-efficacy, look at difficult tasks as challenges to be mastered versus threats to be avoided. They believe they can stick with things longer – work harder, and look for resources to assist them versus ways to escape.

In a discussion following our interview Paula shared the following tips for building self-efficacy; an essential component of resilience:

1. Mastery experiences are the most effective way to build self-efficacy. Getting the chance to learn by doing, and being successful in the performance of new skills.
2. Vicarious experiences are the next best way. Observing others be successful at the desired activity.
3. Verbal persuasion – learn by being coached by a credible respected source about your efforts. They express confidence in your abilities to complete the task, give feedback and guidance and recognize a job well done.

Research shows that lawyers with high self-efficacy are better able to identify new business opportunities, create new products, think creatively, commercialize ideas and persevere under pressure.

Embracing resiliency is not difficult, but it does take practice. Like business development, it’s a skill set and can be learned.  Tune in next week for Episode 94 where we feature legal industry innovator, Mark Cohen, Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services.

First up was 2^nd-year associate Serena Shi. Serena’s strategy for business development and client retention is ‘spot on’ noting that responsiveness, the ability to engage with others as a team player, and consistency in execution are differentiators.   She also notes the value of adding a personal touch without compromising your professional image in this very competitive space.   When it comes to the future and taking on responsibility for business development as a partner, Serena feels it’s should be a gradual process starting as an associate versus an abrupt change.   Serena Shi Bio

The second associate we talk with is 3^rd year, Michal Netanyahu. Michal believes more client face time would be helpful. Noting the importance of understanding your client’s perspective, timeline, desired deal pace, and the overall business considerations your client is facing.   We discuss the advantages of a lower bill rate including being seen as an accessible resource and client-side peers that will be her clients in the future.   Simone Greenspan Bio

Next is Simone Greenspan, a 2^nd-year associate. Simone reflects on observing others and the business development best practices they employ.   Noting a partner’s ability to transition from a work social conversation to a business development conversation with ease. Simone and Nicole also discuss the power of watching and hearing from diverse role models.  Michal Netanyahu Bio

We conclude with points from 3^rd-year associate, Christine Poile. Chris reflects on consciously developing relationships that will grow over time. That as a 3^rd year, reframing business developing as a priority will be next step specifically focusing on developing relationships outside the firm. We conclude our conversation with Chris talking about the importance of listening and understanding a client’s needs; developing your own style; and how to be uniquely you as you present yourself to clients and prospects.  Christine Poile Bio

We hope you enjoy episode 92.   Tune in next week to hear from Paula Davis-Laack, on lawyers and resilience – and the difference between resilience and grit.

We’re sharing the 3rd of our 12 Business Development Challenges in this episode.  This Challenge is the first of three challenges in our Business Development Grit category related to networking.

The LeftFoot 12-SESSION Challenge is divided into 3 categories:

• Business Development Grit: Tactical habits that lead to BD success – including networking
• Nailing Your Niche: How to focus and develop an expert reputation
• Commercial Savoir Faire: a discussion on business and the revenue side of law

We believe:

• 20% of people are natural at business development
• 10% say ‘no’ to business development
• 70% are neutral and can adopt the skills necessary when presented in an organized, methodical way

It takes focus and thought to ‘Lead with the LeftFoot’… Until next time

Today’s guest is Brendan McInerney, Manager of Legal Project Management at Dorsey chats with LeftFoot about applying diligent matter planning practices understanding the necessity of transparency and clear communication with clients on legal matters.

Brendan McInerney Bio

More than software: Legal Project Management (LPM) is about execution and communicating value to clients

More LPM: means less administration for lawyers

Matter data: Making client billing and scope change discussions easier

Boost Client Communication: show value by sharing Legal Project Management data

Now available: innovative data mining due to AI

Disruption will continue: embrace and be part of it

Olga Mack started her career as an IP litigator before going in-house and working for several start-ups. Today she is active in the startup world, is on the board of two early-stage starts and is the General Counsel and Assistant Secretary for the San Francisco headquartered, sales and marketing engagement platform ClearsSlide.

Olga Mack Bio

• Contracting with Outside Resources: Referrals are important and powerful.
• Quality Expectations: Be explicit about what quality looks like. Communication is key.
• Legal Tech: It’s an expectation that providers embrace technology – including law firms.
• Added Value: The inclusion of technology within legal services is providing added value to both the client and the firm.
• Outcomes: Providers should proactively quantify service delivery value so in-house counsel can intelligently communicate with organization leaders, board members, and the CEO.
• We Like It: The efficiencies and improvements offered by legal tech create a more satisfying experience for the legal department and firm users.
• Predictability is key: Budgets have an inherent constraint. Hourly billing lacks precision.
• Pricing isn’t taboo its reality on both sides of the table.

Lucinda Low Bio

Habits: Put yourself out there, it takes a certain kind of energy and willingness to engage with people and open yourself up to possible rejection.

Referrals: Listen and being alert to opportunities.

Events: Identifying key opportunities in your field. Time is our most precious commodity. Think carefully about how you are going to allocate your time.

Build trust: Clients want to know how you can help them solve their problem. Don’t give up easily. The right opportunity may eventually come around.

Deliver Value: Help clients and prospects avoid risks by anticipating trends.

Advice:

• It is never too early to start developing the habits of business development
• With practice, most lawyers can develop these skills
• Don’t get frustrated
• Learn to adapt to changing market conditions

Andrew Spielman Bio

• Adopt a client service approach
• Be a team player
• Regularly evaluate your business development investment and adjust
• Have a plan and execute the plan – in a deliberate manner
• Show value before the client is a client through knowledge sharing
• Today’s in-house council is under pressure to be efficient
• It’s a business relationship – have direct business-to-business conversations
• Last Points:
  • Learn your client’s business
  • Get to know them
  • Celebrate their success
  • And thank them for letting you contribute
  
  

David Douglass is the Managing Partner of the Washington, D.C. office of Sheppard Mullin and a partner in the Government Contracts, Investigations & International Trade Practice Group.  He’s represented companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation. He draws on this experience to strengthen his clients’ compliance and risk management programs.

David Douglass Bio

• If you want to have a practice, if you want to represent clients, you have to ask people to hire you
• Have a goal, have a plan, and execute against the plan
• Outcomes: I owe it to my client to give them my best assessment of my ability to achieve their objective.
• Focus on who you are as a lawyer the kind of practice you want and let everything flow from there
• If you enjoy what you’re doing, you will do well and success, including financial success, will follow
• Invest in your practice and the development of your practice
• Make sure you are constantly working on intellectually challenging and engaging tasks

Steve Zager Bio

Clients look for lawyers who listen, who internalize what their hearing in a meaningful way and are prepared to act upon it.

Involve your Millennial team members at the beginning, get them involved in discussions on case strategy, introduce them to the client, take them to court.

There’s high demand for low-tech conversations.

“What would you attempt to do if you knew you couldn’t fail?”

If you don’t have something unique that you bring to the table, something that’s a value-add, then don’t fill up your client’s email inbox.

Business detests uncertainty. Give the client certainty.

“Buy the ticket. Take the ride.” – Hunter Thompson

Check out our GPS (Growth Practice Solutions) for business development success:

 Joshua Stein, is the General Counsel and VP of External Affairs at Zenefits. He leads his company’s legal, compliance, regulatory affairs and government relation’s efforts.  He brings a variety of experience to his current role having served as a Sr. Associate at Quinn Emanuel; an Asst. US Attorney; a federal judicial court clerk; and an Intelligence Officer for the US Army – a 4-year period which included leadership with a U.S. Army company deployed to Bosnia.

Joshua Stein Bio

• In-house: the pace is relentless and your focus and time are much more fragmented.
• Homework: Doing your homework shows that you value our business.
• Demonstrate: your expertise and analytical ability. Have a plan and provide insight.
• Budgets: ‘I live and die on that budget number.’
• Stage your proposal: It’s understood it’s difficult to provide an estimate. Project phasing and communication are key.
• Let’s huddle: It’s effective and cost-efficient. There is a big loss of quality in transmission.
• Nothing is perfect: If all the feedback you hear is perfect, start to worry about the relationship.

Andrew Sherman is a Partner and Chair of the Washington, D.C. Corporate Department of Seyfarth Shaw LLP. He focuses his practice on issues affecting business growth for companies at all stages, including licensing and leveraging intellectual property and technology assets. He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies.   Andrew has written nearly 30 books on the legal and strategic aspects of business growth. He has appeared as a guest commentator on CNN, NPR, and CBS News Radio, among others, and has been interviewed on legal topics by The Wall Street Journal, USA Today, Forbes, U.S. News & World Report, and other publications.

Bio Andrew Sherman

How Andrew succeeds at Business Development:  a genuine passion for helping people; being incredibly well organized; an educator at heart.

Strike the right balance between being excited to meet new people and help them and not being that guy handing out 80 business cards.

Make communication a habit. Make the time investment. Embrace it. Enjoy it.

We can’t offer ourselves as problem solvers if we don’t understand the business aspects of the problem. 

AI can’t provide the substantive judgment of a well-trained veteran lawyer.

It’s going to be an intermingling of a lawyer’s judgment and tools like Watson, data mining, and artificial intelligence that will make us more efficient.

This episode is sponsored by Doxly:

Mark Smolik, Vice President General Counsel & Secretary, Chief Compliance Officer, DHL Supply Chain Americas, leads his company’s legal, commercial contracts management, compliance, and economic development teams.   He’s a proponent of establishing strong operational disciplines and working closely with the business in support of their shared interests. He’s been in his current role for 8 years following successive in-house roles at three name organizations since 1990.

Mark Smolik Bio

• Corporate Lawyers: take a business approach to the practice of law; your demeanor should be that of a business person.
• Build Internal Equity: offer a supportive approach to the business.
• Provide Meaningful Value: your perceived value to the business is key.
• Be prepared: take the time to learn about the organization, the industry, the legal department, and the people on the legal team.
• Tie the services you offer to the needs of the client: show that what you have to offer is relevant.
• Ask for the business: reach out proactively and provide relevant information.
• Competitive Advantage: clearly state what you have that is a competitive advantage and why we should work with you.
• Advice: ask for the business; make a strong impression, don’t assume panels are locked down. Things change. They are always looking for additional talent.

This episode is sponsored by Axiom Law:

David Yawman is the SVP & Deputy General Counsel of PepsiCo, and General Counsel North American Beverages and Quaker Foods NA. He has 18 years of in-house public company operating division and global markets experience.   He works extensively with his organizations C-Suite executives and the audit committee of the company’s board of directors.

David Yawman Bio

Keys to In-house Success: Know the business, how the company makes money. Translate your knowledge of the law and the business to influence the decisions being made.

Expertise, Value, and Diversity: key components of PepsiCo’s decision-making process.

Betting on both the horse and the jockey:  when investing in legal tech, to ensure it’s implemented properly.

The Competition is Daunting: the events of 2008 resulted in a new normal on costs.

They value partners:  who share in the pressures they are under, who show an understanding of their business and are ready to execute.

Advice: be an expert in the legal matters, do your homework on the client’s business, and be patient while listening holistically to what is occurring.

Life is a journey: an accumulation of experiences – try to learn something new each day.

This episode is sponsored by Diversity Lab:

Anjli Garg, is the Director, Associate General Counsel, Citibank, NA.  She works with her organizations largest global institutional clients providing counsel on global B2B cash and card payment businesses.  She practices in a variety of legal disciplines including privacy and data security, internet/e-commerce, IP, bank regulatory, securities and bankruptcy.

Anjli Garg Bio

Keys to Practicing In-house:  Flexibility; adaptability; listening and hearing the goals of the organization, and being strategic when advising the business.

Outside Counsel Selection:  Is based on legal expertise, cost, and whether the lawyer has a business mindset and can employ a diplomatic approach. 

Law is a Service Industry:  Counsel needs to be responsive, employ a practical approach, be concise, and engaged.  Strong people skills and emotional intelligence are key.

Value:  Lawyers should prepare and communicate their value concisely, highlighting differentiators that address the client’s need.

Last Word:  Understand the value you bring to the table. Know yourself and how you can assist clients.

This episode is sponsored by Axiom:

Mackenzie Phillips is an Executive Vice President and Chief Corporate Counsel at JLL.   Prior to assuming this role formally, she was in the same role as a member of the Axiom Legal team.    She also advised Orbitz Worldwide on governance and security matters while at Axiom.  With additional experience at both Winston & Strawn and Mayer Brown as a Corporate Associate – and as an intern to the Deputy Counsel to the President during the Clinton administration, she’s able to draw from a variety of legal environments as we discuss legal business development and client retention in today’s market.

Mackenzie Phillips Bio

Relationships, Relationships, Relationships: Be deliberate about spending time with the people you’ll be working with the most.

Mackenzie’s 4 Cs:

• Connection: bring your authentic self to work
• Communication: have clarity of message and understand your audience
• Command: show credible expertise and the confidence to express it
• Composure: resiliency around the task at hand and demonstrating judgment

Input needs to be swift and timely: 80% is often good enough when making a decision to move forward or not.

Plug and Play: by getting to know a firm’s specific specialty they know, whom to call when that specific issue comes up.

Give us options: when it comes to legal tech and outsourcing provide 2 or 3 different levels of service and pricing.

Axiom Law: innovative and disruptive.

Ricardo Anzaldua served as EVP and General Counsel to MetLife until June 30^th of this year.   He is currently serving as special counsel to MetLife’s CEO. Prior to joining MetLife he was an SVP and Associate General Counsel at The Hartford Financial Services Group, following a partnership at Cleary Gottlieb.

Ricardo Anzaldua Bio       

Episode Highlights 

Law Firm Business Development: The days when an in-house lawyer chooses an outside lawyer and pays what the lawyer is asking are gone.

Legal Tech and Legal Services Outsourcing: Clients will no longer pay for repetitive and formulaic work being done by counsel at any level – where legal tech and legal services outsourcing should be employed.

Legal operations and procurement: Will be part of the structure within ALL in-house legal departments before the end of the decade.  

Hiring outside counsel: We’re hiring outside counsel for a specific expertise and creativity, diversity of thought and perspective.

Most career illuminating experience: The transition to in-house counsel.  Gaining an understanding of business and the drivers of business, the need for efficiency, flexibility, and adaptability within the legal department.

Diversity: Requires retention and elevation of diverse candidates.

Future legal leaders: Need to be selected and developed using a process.

Last word: Lawyers are advocates for justice in society it’s important to ensure the integrity of the profession.

This episode is sponsored by Axiom Law:

Professor, Scott Westfahl, is the Director of Harvard Law School Executive Education. He leads his organization in their mission to support and develop lawyers across the arc of their careers as they advance to new levels of leadership and responsibility.   He teaches law firm leaders, partners, associates and general counsel – collaborating with his colleagues and other school faculty. Prior to his current position, he was the Director of Professional Development at Goodwin Proctor.

Scott Westfahl Bio

• Generations experience the same motivations
• It’s the context in which each generation operates that is different
• The millennial generation is the most transparent generation that ever existed
• The power of a collective voice with a vehicle to express it publicly/openly
• Mastery, meaning and purpose, and a laser focus on client service as consumers
• A creative idea – seconded associates and design thinking
• Invest in an individuals strengths vs. areas for improvement…for real

This episode is sponsored by Axiom Law:

Today’s guests are not only leaders in the field of legal operations – but are on the forefront of transforming the legal ecosystem – through their leadership within CLOC – the Corporate Legal Operations Consortium.

The first of two guests on Episode 76 is the Chief of Staff and Senior Director of Legal Operations at NetApp and CEO of CLOC, Connie Brenton.   Connie has a JD and MBA, starting off her career in operations and subsequently legal operations at Sun Microsystems, Oracle and now NetApp.    She’s passionate about the need for transformation in the legal industry, through the use of technology and the application of tools, programs, and processes for greater efficiency.

Connie Brenton on LinkedIn

Joining Connie is Mary O’Carroll, the Head of Legal Operations, Technology and Strategy at Google. Transitioning from a career in investment banking and consulting Mary experienced law firm life joining Orrick in 2003 as a Profitability Analysis Manager – an experience that 5 years later led to her role at Google.

Mary Shen O’Carroll on LinkedIn

• Within legal operations, change management is a daily activity.

• Having the data has allowed in house counsel to be run in-house legal like a business.

• Legal Tech vendors, make your solution easy to understand. Be clear as to how it will allow in-house legal to be better, faster and more efficient.

• Today members of the legal ecosystem are co-creating solutions – law firms and in-house legal departments are working with legal technology and legal outsourcing companies to deliver solutions that work and are more effective.

• By adding technology and right sizing in-house legal departments the mundane work has been redirected allowing more creative work to take place.

• The thread of CLOC is the inherent challenge of change management. Law firm operations professionals share that challenge.

• We’re experiencing a tipping point within the legal ecosystem. It’s critical that legal tech firms and legal outsourcing organizations understand the business of the in-house legal client.

• Law schools are a critical component of the legal eco system. More and more law school graduates are heading straight into business – they need the skill set to ‘get the job and keep a job’ when they graduate.

• In 2027 the information accessible to the ecosystem as a result of strong data collection is likely to allow a price check on legal matters at the push of a button.

This episode is sponsored by Axiom Law:

COO of Goodwin, Michael Caplan manages his firm’s business, financial and administrative operations – focusing on growth strategy and execution.   He’s worked with over 30 different General Counsel during his career – many while running a legal operations consulting business. 

Michael Caplan Bio 

Today’s law firm environment is more competitive and relies on preferred panels making differentiation throughout the entire business development process more important.

Firms and lawyers benefit when they talk about the business of law AND the practice of law.

Professional staff today has more opportunities to drive revenue and manage risk for the firm.

Making investments in clients is not about discounts – invest in the risk.

Offer capped fees tied to milestones with both discounts and success fees.

Have an ongoing dialogue on project management and scope with your clients.

Law is a service business. Law firms need to be working WITH their clients on matters, the law, and the business of law.

Demand for Big Law is 0%; the demand for litigation is -%, taking business from other firms requires differentiation.

The bottom line on business development: find ways to invest in clients and differentiate your firm.

The Head of Legal operations at The Gap, Mike Haven is on the cutting edge of legal department management, creating, implementing and developing some of the industries most innovative policies, procedures, and tools.   He came to his role from NetApp where he managed legal operations and litigation across the enterprise.   Prior to joining NetApp, he was a partner at K&L Gates.

Mike Haven Bio

Today the legal eco system is a fundamental part of an effective legal department strategy.

Looking for flexibility and creativity in fee arrangements that help them manage their budget.

They are very open to potential partners presenting metrics to help the in-house department be creative and pivot.

When making sourcing decisions it’s the outlier qualities that make a difference.

Proactive, productivity improvement suggestions from law firms would be very welcome including sharing client specific relationship metrics.

Looking for creative value based fee arrangements that define value in a way that translates.

Change is occurring in an enormous industry that needs to change and improve.

This episode is sponsored by CLOC the Corporate Legal Operations Consortium:

Geoff Frost is the Director of Client Development at Bondurant Mixson & Elmore. He’s responsible for directing his firms business and professional development activities including structuring and pricing alternative fee arrangements and managing the firm’s corporate recoveries program.

Geoff Frost Bio 

Instead of teaching lawyers to sell – educate business developers on representing the firm.

Sales people unencumbered by the billable hour. Can confidently and competently represent the firm in the market.

Today business development is one of many other professionals in the legal ecosystem.

AFAs are not intended for a single instance and aren’t about one side making out much better than the other. Firms will do well on some – and not so well on others.

Clients should want a fee arrangement where the best lawyers are compensated above their hourly rate. Create an environment that rewards success and efficiency.

Legal business development can help relieve some of the pressure to bring work into the firm.

Bottom Line: Let lawyers practice law and business people practice business.

Daniel Yi is Senior Counsel for Innovation, at the Department of Justice, Civil Rights Division.  His work helps attorneys explore new approaches to persistent operational and mission-delivery challenges using innovation and creativity.   He also leads an incubator program called Concept Lab where legal professionals use design thinking and lean methodologies to make improvements.

Dan Yi on LinkedIn 

Dan has an intense curiosity and fascination for learning how smart people see and engage with the world.

Even with 11K attorneys, resource allocation at the DOJ requires on going effort.

Trial prep is stressful; there are lots of tasks, lots of terms, and time is limited.   Applying design thinking a Kanban board was used to outline workflows, and monitor progress including classic daily scrums.

A lawyer’s predisposition to identify risk and a cultural reaction to the risk of change multiplies the traditional product adoption curve.

Prior LeftFoot guest, Lucy Bassli of Microsoft – commented that change is about people, processes, and tools – in that order.

With outside vendors, you see the tool first.   The vendor may say it solves our problem but has the vendor taken the time to understand our problem? Can we test and evaluate whether it will solve the problem we intended to solve.

Problem framing, will they use it and can we maintain and improve it into the future.

Today we’re seeing a shift in the legal world to a people and client centric view. 

Dan and others are looking to create a legal system that is less complicated and does not require retaining a high-cost guide.

In-house legal counsel has been clearly communicating to outside counsel the need to present work product more in line with what they need in the way they will ultimately be using it.

We are living and working in a time of tremendous and rapid iteration.

This episode is sponsored by CLOC (Corporate Legal Operations Consortium):

Bruce Stachenfeld is the Managing Partner of his firm, Duval & Stachenfeld.He’s known for being one of the most ‘connected’ real estate lawyers throughout the worldwide real estate community.  He’s specialized and adapted his area of focus to meet the needs of the market over a 30-year legal career.

Bruce Stachenfeld Bio

Habits that have lead to Bruce’s success:

–      Being relentless

–      Being open minded

–      Experiencing and evaluating failure

–      Ruthlessly analyzing his and his team’s performance

Ask clients and prospects questions.  What do they care about? Learn how their business works, what their needs are.  Be helpful.

Being better than the competition (adding features) is less profitable than being different.  Competition drives similarity, adding features increases costs.

Define yourself differently. Strategically.

The Power Niche: 

–      Define ‘it’

–      Learn everything about ‘it’

–      Communicate about ‘it’ broadly

–      Until you’re identified with  ‘it’

Don’t be a lawyer who does legal work when asked. Stay in touch and educate on the issues. 

Advice to develop your practice:

1. Get out and about:you’ll get ideas/information about clients and prospects out in the field.

2. Be enthusiastic:show your passion, the thrill and the love of what you do

3. Knowledge is power:be dominant in your niche through knowledge

4. Follow-up is critical:if you don’t follow-up the above 3 points are futile

Respond to a changing market condition specifically. Business slow? Use the available time to market.

Bottom line: Clients care about why you’re different. If they value that difference – and need it, they’ll pay for it.

Michael Martinez on LinkedIn

• Marriott has a budget for litigation and looks at the cost-benefit of settling versus litigating.
• They often select cases to litigate that advance the longer-term goals of the company that drive broader principals.
• Marriott looks for partners when evaluating outside counsel, firms that understand their business and can be viewed as a partner.
• Marriott works with firms and lawyers that show a high level of integrity and are easy to work with.
• Mike shares a success story involving Jenner & Block and Sheppard Mullins noting successful partnering and collective decision making as they assist in-house counsel on a key case
• Marriott welcomes new ways of billing and complemented Crowell & Moring for creativity in this area.
• Advice to Lawyers pursuing clients like Marriott – be smart about it; tell me about your expertise, be likable, personable, and friendly.

This episode is sponsored by Doxly:

Jane Greyf is a partner in Goodwin’s Private Equity Group and a member of the firm’s Impact and Responsible Investing Practice. She advises private equity funds, companies, and management in leveraged buyouts and growth equity investment transactions. 

Jane Greyf Bio

Business development is like fitness – you have to keep at it. A little has to be done every day.  It can take years – keep at it – many interactions will result in business.

You can’t take rejection personally in terms of business development.  Your ability to control your response to things is a learned strength. 

Jane keeps a fluid list of top 5 prospects.   She spends a few minutes every day, every other day, once a week to execute that next step. It doesn’t take a tremendous amount of time.  Always, always, always keep in touch with current clients.

Success Story:

A lawyer at a client with a shared business background moved companies to a company new to the US market. Jane reached out (stayed in touch) and was hired. When the company expanded in the US, Jane’s business also expanded. Jane was able to position other Goodwin practices with success. Over time Goodwin gained business for the firm from this client in their businesses outside the US.

Business development is different for women but not harder.  It’s different because men and women develop relationships differently and business development is about building relationships.

Today there are a lot of women GCs – and firm team diversity is being demanded both are business development opportunities for women.

The fundamentals that apply to...]]>How Legal Biz Dev. is Like Fitness

Jane Greyf is a partner in Goodwin’s Private Equity Group and a member of the firm’s Impact and Responsible Investing Practice. She advises private equity funds, companies, and management in leveraged buyouts and growth equity investment transactions. 

Jane Greyf Bio

Business development is like fitness – you have to keep at it. A little has to be done every day.  It can take years – keep at it – many interactions will result in business.

You can’t take rejection personally in terms of business development.  Your ability to control your response to things is a learned strength. 

Jane keeps a fluid list of top 5 prospects.   She spends a few minutes every day, every other day, once a week to execute that next step. It doesn’t take a tremendous amount of time.  Always, always, always keep in touch with current clients.

Success Story:

A lawyer at a client with a shared business background moved companies to a company new to the US market. Jane reached out (stayed in touch) and was hired. When the company expanded in the US, Jane’s business also expanded. Jane was able to position other Goodwin practices with success. Over time Goodwin gained business for the firm from this client in their businesses outside the US.

Business development is different for women but not harder.  It’s different because men and women develop relationships differently and business development is about building relationships.

Today there are a lot of women GCs – and firm team diversity is being demanded both are business development opportunities for women.

The fundamentals that apply to establishing a personal brand are the same for men and women. Find out ‘who you want to be’; do you have a niche; a specialty. Then write, speak, network – get your name out in that industry.

Be yourself in developing your personal brand. Look to mentors and sponsors to shape how you create your approach but make it your own. Don’t try to behave exactly like that mentor or sponsor if it doesn’t feel natural, even though you like the perception. 

Positive Trends in the legal environment:

·     A more business-like approach to the practice of law – business will not come based on your expertise. You have to encourage and spend time on business development.

·     Law used to be a lone wolf profession – you brought a client in and worked on that client’s work. Today we see more of a team approach to working with clients – which is much more successful.

·     The use of technology is making collaboration much more efficient  – and it’s helping to develop a more standardized work product.

·     The open demand for diversity in the teams assigned. 

Advice: 

·     Millennials can reach large numbers of people quickly. Use it effectively.

·     There is no substitute for in-person discussions or for building relationships in person.  

Alan Bryan is the leader of the Office of Outside Counsel Management & Legal Operations for Walmart Stores. He transitioned from law firm partnership to in-house counsel managing litigation for the world’s largest retailer.  Today his office oversees his company’s relationships with all outside counsel measuring performance, cost and diversity.

Alan Bryan Bio

4 personal strengths that can lead to success in a changing environment:

1 – Patience with yourself as you transition. Give yourself time. Know that others will give you time.

2 – Honesty and humility. Successful change has a lot to do with attitude.

3 – Communication skills become increasingly important as teams and responsibilities grow.

4 – Passion for what you do.

On the transition from a firm to in-house legal and ultimately legal operations: As a firm lawyer you dive deep into a specialty. As an in-house lawyer and specifically a legal operations professional; your attention turns to costs, internal processes, vendor management and strategically looking at legal department operations as a whole. This effort has grown to include a Legal and Data Analytics team.

When asked what Walmart Stores looks for in their legal and business partners: Cost, diversity, and performance are a few of the top priorities.

We do not want to feel like we’re ‘the prize’ that was won: Often when a firm is awarded a matter they focus on the revenue and not the relationship they should be building. Get to know the people – we’re all people.

Be patient:  It’s highly likely your bidding against an incumbent and others in the market – there’s a lot of competition.

Explain why you’re unique: Why we should consider you and your firm versus the others in the market. Make it about us, do your research know our industry, what’s occurring, and present a resolution that highlights your differentiator.

A growth success story: A firm partner recommended an approach that resulted in an effective resolution and significantly less work for her and her firm than alternative approaches. By thinking about the long-term relationship versus short-term financial gain, this approach helped build an effective business relationship and lead to future assignments.

Get to know the person before you pitch:  Have patience, be in it for the long haul.

The problem with firm marketing materials: They talk about the lawyers and what they’ve done which is instructive but not unique. Focus on what you bring to the table that’s different.

Bring, assign and deliver a diverse working team: When bidding on matters with Walmart Stores.

Change is a constant in the legal profession:  The disaggregation of legal services has been a surprising and significant change in the market.    E-discovery, document review services, technology-enabled, and many other solutions have taken and will continue to take services out of the traditional law firm model.

AI will not replace lawyers but it will replace tasks: Like e-discovery, AI and the focus on Cyber Security will become part of the way we do business.

We have yet to see broadly scalable AFAs across the industry:  The organization that can expand AFAs across the industry and gets both in-house lawyers and outside counsel comfortable with them has a market advantage.

Risk and the billable hour:  Both sides have to be comfortable and it has to be of...]]>Walmart Stores – A Culture of Being Respectful to All

Alan Bryan is the leader of the Office of Outside Counsel Management & Legal Operations for Walmart Stores. He transitioned from law firm partnership to in-house counsel managing litigation for the world’s largest retailer.  Today his office oversees his company’s relationships with all outside counsel measuring performance, cost and diversity.

Alan Bryan Bio

4 personal strengths that can lead to success in a changing environment:

1 – Patience with yourself as you transition. Give yourself time. Know that others will give you time.

2 – Honesty and humility. Successful change has a lot to do with attitude.

3 – Communication skills become increasingly important as teams and responsibilities grow.

4 – Passion for what you do.

On the transition from a firm to in-house legal and ultimately legal operations: As a firm lawyer you dive deep into a specialty. As an in-house lawyer and specifically a legal operations professional; your attention turns to costs, internal processes, vendor management and strategically looking at legal department operations as a whole. This effort has grown to include a Legal and Data Analytics team.

When asked what Walmart Stores looks for in their legal and business partners: Cost, diversity, and performance are a few of the top priorities.

We do not want to feel like we’re ‘the prize’ that was won: Often when a firm is awarded a matter they focus on the revenue and not the relationship they should be building. Get to know the people – we’re all people.

Be patient:  It’s highly likely your bidding against an incumbent and others in the market – there’s a lot of competition.

Explain why you’re unique: Why we should consider you and your firm versus the others in the market. Make it about us, do your research know our industry, what’s occurring, and present a resolution that highlights your differentiator.

A growth success story: A firm partner recommended an approach that resulted in an effective resolution and significantly less work for her and her firm than alternative approaches. By thinking about the long-term relationship versus short-term financial gain, this approach helped build an effective business relationship and lead to future assignments.

Get to know the person before you pitch:  Have patience, be in it for the long haul.

The problem with firm marketing materials: They talk about the lawyers and what they’ve done which is instructive but not unique. Focus on what you bring to the table that’s different.

Bring, assign and deliver a diverse working team: When bidding on matters with Walmart Stores.

Change is a constant in the legal profession:  The disaggregation of legal services has been a surprising and significant change in the market.    E-discovery, document review services, technology-enabled, and many other solutions have taken and will continue to take services out of the traditional law firm model.

AI will not replace lawyers but it will replace tasks: Like e-discovery, AI and the focus on Cyber Security will become part of the way we do business.

We have yet to see broadly scalable AFAs across the industry:  The organization that can expand AFAs across the industry and gets both in-house lawyers and outside counsel comfortable with them has a market advantage.

Risk and the billable hour:  Both sides have to be comfortable and it has to be of value to the client.

Walmart supports supplier diversity: Working with solos, women-owned businesses, minority-owned businesses, AM Law 200, and virtual law firms.

In-house legal departments get into assignment habits: Walmart is doing more RFPs to add more firm variety into their firm mix.

Diversity is engrained in the culture at Walmart Stores: Around 260M people walk into a Walmart Store around the globe each week.  It’s Walmart’s culture to be respectful of all.

This episode is sponsored by Diversity Lab:

Suzie Scanlon Rabinowitz, is the Managing Partner of SRD Legal Group. Suzie is a virtual law firm legal pioneer having been in the space for more than 10 years. Her firm’s specialty is legal process management and high volume workflows for financial services companies.

Suzie Scanlon Rabinowitz Bio

• Hear why Suzie is excited to lead a mission-driven business
• Life Long Learners – Educating clients can be the key to biz dev success
• A silver lining to not winning business you bid on – listen in
• AFAs and relationship building
• Yes it’s happening, clients are driving legal tech adoption by firms
• How’s your social media etiquette?
• Why Suzie’s excited about a positive double bottom line…

Frank Citera is the co-Chair of Greenberg Traurig’s Product Liability & Mass Torts Litigation Group and Co-Chair of the Chicago Litigation Practice. He is ‘renowned for his toxic tort and product liability work’ and other complex litigation in both federal and state courts. He defends class actions for companies from all industries and business sectors.

Frank Citera Bio

Advice: ‘Get on the train when it’s leaving and worry about which seat you’re sitting in later’

Work hard: rarely miss an opportunity to work on a matter, no matter how busy you are

Strategy:   stay ahead on your topic – the specifics – so you can be a resource for our clients

Staying Power: success spreads as you become recognized for your expertise

Straight talk on AFAs: experience translates to efficiency; technology will help increase accuracy; success relies on a relationship of mutual trust and conversation with your client

Last Word: law is a profession, have a passion for what you do and a thirst for knowledge

This episode is sponsored by Doxly: 

Managing Partner and CEO of Catapult Growth Partners, Doug Johnson, recently hosted a group of top business development and marketing leaders from the legal, private equity and professional services industries for a day-long roundtable to discuss the latest trends in business development and marketing. Doug leads Catapult, a US consultancy with an emphasis on accelerating profitable growth within professional services firms.

Doug Johnson Bio 

• Tune in to hear how clients are choosing to allocate their legal fees–think outcomes and ROI
• When it comes to brand and creating a niche, listen in to hear why boutique firms have an advantage–at least at first
• Firm dog and pony? Be sure to include information on what you’ve implemented and how it’s improved efficiency
• Will law firms and lawyers become more proactive with client planning?
• Want to maintain a market focus without reducing the professional’s billable time? There’s a player-coach for that!

Kirkland Hicks is the EVP and General Counsel at Lincoln Financial.   He’s a member of company’s senior management committee, overseeing all law, compliance, government relations, and corporate secretary functions. Prior to joining Lincoln Financial, he was senior counsel at Towers Watson and Watson Wyatt Worldwide.

Kirkland Hicks Bio

• The keys to earning legal work at Lincoln Financial may surprise you
• Whether primary, secondary or tertiary financial agreements are always a consideration
• Learn how firms compete for business at Lincoln Financial – HINTS: be nimble, be ready to do upfront work, it’s very competitive 
• We discuss big data and predictive outcomes – as a likely part of the future legal culture – listen in
• Mentions: diversity; legal ops; legal purchasing; Axiom; Advance Law; Chris Groll – M&A Partner of Holland & Hart; Toby Brown – Chief Practice Director, Perkins Coie

This episode is sponsored by Axiom:

Damon Vocke is the Vocke Law Group, Founder and Managing Partner. In the fall of 2016, he and his partners launched their firm focused on the insurance, reinsurance, and financial services industries, covering corporate litigation, internal investigations, governance and regulatory compliance issues.   He’s the former president of the reinsurance firm, Gen Re. Prior to his role as president, he was the Gen Re General Counsel and worked previously for Lord Bissell & Brook.

Damon Vocke  

• Hear why firm size and design is not as important as the specific lawyer

• Forget ‘selling’ – talk about the facts what you’ve done and your experience in the market

• Hear how fees, specific experience, and overall delivery are the components of a fair deal

• Good judgment is critical

Natalie Bennett Bio

• We talk with Natalie about building on the opportunities in front of you

• About staying motivated and excited about client work

• We discuss the value of business development ‘at bats’

• Controlling costs and the pressures being faced by today’s in-house counsel

• Advice to work by – Those who stay will be champions

This episode is sponsored by Alt Legal:

Ilan Nissan is a Senior Partner and noted rainmaker at Goodwin. In addition to client work, he sits on the firm’s Executive Committee and leads the Private Equity and Mergers and Acquisition business. 

Ilan Nissan Bio

• Tune in to hear why packaging advice matters! Hint: client customization is key

• Specialized advice and the end of the ‘Dog and Pony’?

• It’s helpful and profitable to establish relationships at all levels. Hint: young people move

• Diverse teams and human nature – it’s not a ‘box check’

• What can you do today? Inventory your network, both personal and professional

• Get out from behind your specialty – know what your firm does well and doesn’t do well

Today’s guest Anusia Gillespie earned a JD and an MBA – employing both as a marketing and business development consultant for lawyers. She recently accepted a new position at Harvard Law School Executive Education and works with both the Harvard Law School Executive Education team and Harvard Law School professors to create programs designed to ‘turn lawyers into leaders’.

Anusia Gillespie on LinkedIn

• Listen in and hear how to view business development as a creative outlet – a way to grow yourself personally

• Many lawyers jump to socializing their message before thinking – which activities will be the most effective

• Anusia outlines 4 core steps to developing an effective personal brand and business development approach

• Play it cool with your brand – it’s a turnoff to see someone a little too eager.

This episode is sponsored by CLOC (Corporate Legal Operations Consortium):

Kristina Launey is the Managing Partner of Seyfarth’s Sacramento Office. She’s a litigator and counselor specializing in all aspects of employment law.  Efficient and effective, she provides clients with options that achieve results in light of their business realities.

Kristina Launey Bio

•  Having a genuine curiosity and interest in the law will go a long way.
• Would you like clients to cold call you like they cold call Kristina?
• There’s more to it than solving a client’s legal problem.
• Is your focus the Voice of the Client?

This episode is sponsored by Lawline:

Grayson Yeargin is a partner in the Washington, DC office of Jones Day. He concentrates his practice on assisting clients with compliance requirements and providing guidance through government investigations.

Grayson Yeargin Bio

• Yes, it is important to pay attention!
• Tune in to see how business development can be like trying to get hit by lightning.
• We discuss why clients are separating out commoditized work and specialized work.
• Push yourself to see business development differently.
• The first 5 seconds and the 1^st moment of execution are key.

This episode is sponsored by Lawline:

This is the first episode of our ‘Boutique’ series.

Today’s guest advises clients on protecting, enforcing and leveraging their intellectual property, the Founder of WR Samuels Law, Bill Samuels.

Bill Samuels Bio

Listen in as Bill and Nicole talk about:

– Seeing what people need and providing it to them

– Being a resource

– Client’s niche specific needs driving expansion

– Never stop building relationships

– Following-up

Episode Mentions: ALT Legal and TradeMarkNow

This episode is sponsored by ALT Legal:

Chief of Staff to the General Counsel and Sr. Director of Global Legal Operations at Yahoo, Jeff Franke; and VP and Deputy General Counsel at Cisco, Steve Harmon.

Today’s guests hold leadership roles in CLOC – the Corporate Legal Operations Consortium. Within CLOC, Leaders of some of the largest law departments in the US are coming together to solidify and implement legal operations standards in an effort to solve challenges in their ecosystems.

Episode 56 is the second of two episodes featuring these distinguished guests.

Listen in as we discuss why:

• The time has come for legal to focus on outcomes
• Legal Operations is gaining ‘seats at the table’
• The use of LPOs and legal tech and why it’s important to clients
• Today’s GCs are highly experienced lawyers – the best of the best
• The Corporate Legal Operations Consortium (CLOC) is:
  • Providing in-house legal with the content and competence to run legal departments
  • Gathering experienced legal professionals to share best practices and standards
  
  

Tune into Episode 55 on iTunes or Episode 55 on LeftFoot Website for the beginning of this discussion with Jeff and Steve.

This episode is sponsored by ThinkSmart:

Legal Operations Today

Chief of Staff to the General Counsel and Sr. Director of Global Legal Operations at Yahoo, Jeff Franke; and VP and Deputy General Counsel at Cisco, Steve Harmon.

Today’s guests hold leadership roles in CLOC – the Corporate Legal Operations Consortium. Within CLOC, Leaders of some of the largest law departments in the US are coming together to solidify and implement legal operations standards in an effort to solve challenges in their ecosystems.

Episode 55 is the first of two episodes featuring these distinguished guests.

Listen as we talk about:

• The effective use of law firm data as a differentiator

• Avoiding misalignment of expectations versus effort

• Corporate clients value outputs while firm pitches focus on inputs

• Counsel to counsel relationships are valued but not sufficient

Tune into Episode 56 for the continuation of our discussion with Jeff and Steve.

Episode mentions Mark Chandler, General Counsel, Cisco; and content from Episode 48 with Chris Groll, a Partner at Holland & Hart.

This episode is sponsored by ThinkSmart:

Toby Brown Bio 

Today’s guest is the Chief Practice Management Officer at Perkins Coie, Toby Brown. He leads his firm’s revenue management and efficiency programs, legal project management, pricing, process improvement, practice innovation, alternative staffing and new partner integration.   An industry leader he is the founder of LMAs P3 conference and co-founder of the blog ‘3 Geeks in Law’. He also co-authored the book Law Firm Pricing Strategies, Roles, and Responsibilities. 

Listen in as we talk about:

• The addition of business professionals in both law firms and in-house legal departments
• How legal tech can be a solution looking for a problem
• The nature of the lawyer/client relationship and fee discussions
• Large firm retainer agreements
• Artificial Intelligence and ‘then a miracle occurs’
• Scoping and the ‘magic bucket of prices’
• Pricing and risk. Timelines and risk
• Advice to the new partner

Episode mentions include Perkins Coie CIO, Rick Howell; and Dr. Silvia Hodges Silverstein of The Buying Legal Council.

This episode is sponsored by CLOC – Corporate Legal Operations Consortium:

Let’s hear from the other side of legal business development table. This is the first of several in-house General Counsel interviews on LeftFoot.

Lucy’s Bio on LinkedIn

Assistant General Counsel, Legal Operations and Contacting / Corporate External and Legal Affairs at Microsoft, Lucy Bassli practiced law at Davis Wright Tremaine before joining Microsoft where she oversees legal operations and a centralized contracting office specializing in process efficiencies and automation.  She recently moved into the Office of the President to expand Legal shared services and implement operational improvements.

Listen in to hear:

• The most rewarded attribute of the in-house counsel at Microsoft
• The multiple risks, not just legal risk managed by in-house counsel
• The importance of staying within budget for each piece of work
• The inherent bias that successful organizations face from outside firms and service providers
• Strategies for bill predictability
• Advice to firm Associates, Sr. Associates, and New Partners
• What the legal market requires today to secure clients like Microsoft
• What Lucy enjoys most about her role

Episode mentions include Author, Dr. Heidi Gardner – ‘Smart Collaboration: How Professionals and their firms succeed by Breaking Down Silos’; Dr. Silvia Hodges Silverstein of The Buying Legal Council; and Roger Meltzer, DLA Piper’s Global Co-Chair, and Americas Co-Chair.

This episode is sponsored by CLOC – the Corporate Legal Operations Consortium:

Dr. Silvia Hodges Silverstein is the executive director of The Buying Legal Council an organization of procurement and operations professionals tasked with sourcing legal services and managing legal services supplier relationships.

Dr. Silvia Hodges Silverstein Bio

Legal procurement involvement is a top management mandate to manage costs and supplier spend ensuring that purchases are in compliance with company policies and make sure they use the reputable firms and quality suppliers.

Makes sense for both sides to bring in purchasing and the business side of the law firm ecosystem the ‘bad cops’ so that counsel on both sides can remain ‘good cops’.

The unbundling of work is much more accepted and legal work will continue to shift from traditional firms to new model law firms.

Disruptors operate more simply and are more affordable. Traditional firms may not see those alternatives as attractive but they are attractive to clients.

E-auctions and reverse auctions. To use or not to use is the question the market it beginning to accept them as the new normal.

The use of RFPs and AFA continues to rise and will continue to be used at an increasing rate into the future.

Other very complex businesses figure out how to price their offerings.   There is not a lot of sympathy from other businesses about the hesitation to put a price tag on legal services.

Legal procurement is here to stay. They are number and metrics people – show them vs. tell them.

Seek a relationship with legal procurement. Reach out and have a conversation. Ask questions.

In episode 51 we talk with a transactional immigration attorney, Steve Maggi of SMA Immigration Lawyers.

Persevere, attempt everything from a marketing, business development perspective then comes up with a formula that works.

Be flexible and adapt with the industry and the needs of your clients. Create an environment of trust.

Consistently market.

For Steve referrals from other lawyers are a big resource. He teaches 2 or 3 CLE classes per quarter. From a time/value perspective, it’s well worth the time. 

Immigration has a very human element so they encourage reputational marketing by asking satisfied clients for reviews on Google.

It’s the 2nd referral that proves your doing good work. Invest in those you work well with which can lead to referrals without hesitation.

Be strategic and go after an environment where the client is under-represented. 

If you don’t love what you do – don’t do it. The money will come if you are the kind of person who does it because you love it.

Passion drives you to learn everything you can know about a topic and to think outside the box.

Choose the path you are excited about – don’t wait. 

This episode is sponsored by Roy Fenichel, Esq. of the National Law Institute: 

On Episode 50, Nicole talks with the head of Dorsey’s UK and Continental European Private Equity Group, Partner, Fabrizio Carpanini.

Fabrizio Carpanini Bio

Know your stuff – the law and your practice. Learn what do to and what not to do.

You can waste time and money chasing business. Be realistic, do research, go after prospective clients with the right amount and type of matters that align with the specialties within your practice.

Make sure you have a valid reason to compete against the incumbent.

It’s important to come up with ways to stay in touch and in front of current clients in a way that is of value.

Break down the financial roadblocks that prevent partners from bringing others in to assist their clients.  He supports a controlled effort to reward collaboration that benefits clients and has positive results.

The further east you go the more business becomes about relationship and trust rather than proving one’s ability and prior business accomplishments.

Protect the interests of the client but treat others fairly. In private equity engagements, those individuals will be part of the clients business going forward.  They don’t want to start the relationship with animosity and distrust caused by the advisor on the way in.

If you enjoy what you do you don’t really have a line between your social life and your work life. 

Push yourself to do the things that get you out into the market. Go.  You’ll always walk away with something positive.

Be sensitive to the clock ticking with clients. Give the clients something of value that won’t result in a bill 4 weeks later.

If you speak a second, third or 4th language develop it, keep it up, use it  – your ability to work across cultures can help grow your business.

This episode was sponsored by:

Bio Gene Pinover 

Eugene Pinover joined DLA Piper as a Partner and Chair of the New York Real Estate Practice in April of 2016; after a 20-year career at Willkie.

It’s important to understand the ‘give and take’ and appreciate that the other slides point of view is critical to getting a deal done.

Every client you’ve ever had you will lose for some reason you have nothing to do with. You always have to be to be thinking about the ‘next client’, where the business will come from and where you can make a difference

Lawyers are in the business of taking business from other very good lawyers. Clients can’t tell the difference between tactically super performance and very good performance. You need to sell yourself and your firm in a different way.

Most non-US and non-British lawyers are reticent to give business advice. They answer yes and no.   American and British lawyers are treasured because they think outside the box and are willing to come forward with proactive business ideas

Get to know your clients, go to their offices. You’ll end up with a matter you didn’t know was going on. You’ll simply get into a conversation, talk about a situation, and suddenly you’re involved.

For business development success participate with your clients in the decision making vs. solely implementing their decisions. This will get you a seat at the client’s table and will open and lead to additional business development.

Be honest with your clients and tell them what you think. You may lose clients if what you think and share doesn’t match what they’re looking for. Every client ends up with the lawyer they deserve.

If you hold yourself in high esteem you’ll attract clients that do the same.

To address changing market conditions, manage towards efficiency. Organize your teams and execute projects being considerate of the clients focus on efficiency specific to getting things done.

Working hard alone does not breed success. Know where your going, have a plan, understand your strengths and weaknesses and follow a course that will get you where you want to go. Having a plan will save wasted effort and time.

Get into the whole business, not just your specialty.

Gene hosted a dinner for his partners with the restaurateur, Danny Meyer, of the Union Square Hospitality Group.   Danny talked about his book ‘Setting The Table’.

The bottom line: To get, keep and grow your clients – go the extra mile, get the client what they need and care about them.

This Episode is Sponsored by:

Chris Groll Bio

Today’s guest is Chris Groll, a Partner and the chair of the Mergers and Acquisitions Sub-group within Holland & Hart’s Corporate Practice Group. Chris assists both buyers and sellers through M&A transactions and is the outside general counsel for several privately held companies across a variety of industries.

If you’re not an extrovert you’ll need to find ways of communicating with others that are comfortable.

As an introvert, large networking functions and working a room can zap your energy.

Chris gains energy through direct in-person relationships. She gets to know her clients, and the people they introduce her to. She gets to know them personally.

Develop honest relationships, not those developed specifically for business development.   Be truly interested in the person.

The stickiness of clients comes from relationships. Good work is necessary but not sufficient

Chris sends client bills personally seeing the bill as an important way to connect with clients. Bills are part of the relationship and can reinforce messaging in a positive way.

Clients are looking for certainty, the ability to budget their use of outside counsel. Chris’s team tracks their work by task allowing them to come up with estimates rapidly and accurately.

By more accurately estimating work the clients have a comfort level around budgeting. It’s especially effective when you meet the estimates.

Chris participated in the Women in Law Hackathon at Stanford Law School. The event originated from and organized by the good work being done by the Diversity Lab. 54 law firms supported, 7 teams who worked for 6 months to come up with innovative ways to expand diversity, equality, and equity for women in law firms; and culminated in a Shark Tank-style event.

Get outside your comfort zone, try new things, and don’t continue to do anything you hate, ‘more than once’.

This episode is sponsored by:

 Pierre Gentin Bio 

Nicole talks with 20 year Credit Suisse veteran; Cahill, Partner, Pierre Gentin.

Pierre keeps a guitar and keyboard in his office. He feels music can be helpful in thinking through ideas.

Solve client problems as a low-key provider of practical solutions.

Be careful not to pester clients or make suggestions that will be perceived as chasing business. Show your client something if it’s clearly in their interest and has urgency.  

Visibility is important and can be achieved in different ways. Put in the time – do the substantive work, speak, write, teach and take on pro bono efforts.

Teaching ‘keeps Pierre on his toes’ – it requires reviewing material and engaging with academics – it shows intellectual curiosity.

Be prepared to throw yourself at the things that interest you (in and outside work). Show your passion, which will translate to your work in the eyes of others.

Look for what is rewarding and fun in what you do. If you’re an energized, dynamic and curious person – people will respond well to you.

This episode is sponsored by Lawline:

Dr. Heidi Gardner Bio

Nicole talks with Dr. Heidi Gardner a distinguished fellow in the center for the legal profession at Harvard Law School. Our conversation highlights Dr. Gardner’s recently published book ‘Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos’.

Evidence shows that strong collaboration leads to higher profits and more dedicated and committed employees and that clients are more loyal when served by multiple partners.

Competence trust is the highest barrier to collaboration amongst partners. Professional skills are more of a concern than technical skills.

Requiring a business plan and specific collaborative activities before agreeing to bring lateral hires into a firm goes a long way towards integrating the lateral for longer-term success and client retention.

Ladder your client teams for a more client-centric approach. Natural conversations expand and become sophisticated conversations.

Newly elevated partners are keen to develop client relationships.   Use them on client assignments versus the ‘guru’ and gain a strong commitment and partner for success.

The role of the ringmaster is to keep ‘the tigers on their stools’. Create an incentive structure that supports collaboration and rewards both origination and ongoing client work.

This episode is sponsored by:

Show That You’re A Compassionate Person

 Joe Cadicina Bio

Joe Cadicina is a name partner and the managing member of his firm.

In family law reputation is the way to grow – Joe’s a reputable family law lawyer working for a reputable family law firm.

Be sincere and show you have your clients best interests in mind.

Bar association involvement shows your giving back to the community and contributing to the protection of the profession.

The manner in which you conduct yourself as a community member, as a neighbor, and as a member of a committee or organization, translates into how others perceive your ability to do good work in your profession.

Get involved, socialize – and you’ll expand your network through others.

It’s important that you enjoy the organizations in which you get involved with – that you have an interest in the topic and are enthusiastic about the cause.

Life requires that you work hard – it’s important to find a balance and make time for family, faith, and community.

Find something you enjoy and coming to work to do. You have to enjoy the ride.

This episode is sponsored by:

Highlights:

We launched in April of 2016.   As of today we’ve aired 44 episodes and have over 6000 listeners.

We are self-produced and responsible for technical production and distribution.

Being listed as New and Noteworthy on iTunes, and receiving two unsolicited media mentions have been highlights.

What’s on tap for 2017?

We’ll continue our weekly interviews.

We welcome suggestions of law firm partners and other successful professionals who are comfortable with their business development responsibilities to be guests on LeftFoot.

We recently purchased LeftFoot.com.

We’ve begun to take on sponsor advertisers – you’ll begin to hear industry specific sponsorship ads on all episodes starting on January 3^rd.

We’ve completed the pilot of our 12 session business development audio challenge and we have other business development courses in development.

Once again thank you for listening and a special thank you to our guests.

We wish each of you the most enjoyable of holidays and a fantastic 2017.

Roy Salins Bio

Today’s guest is Davis Wright Tremaine LLP, Partner, Roy Salins.

For Roy staying in touch with people comes naturally.

Be positive about what you do with everyone you come in contact with – not just your business connections.

Roy opts for direct communication versus blast emails. Sending an article with a tailored note that says specifically why the information provided is important to the client.

Busy people will take 5 minutes to talk with you. Check in, ask about what they’re working on, be interested not interesting. Offer to brainstorm – at no cost.

You can sell anything once but if the work isn’t excellent you’ll never get it again.

Stay in touch, do good work, be responsive, be efficient. 

Over the long term and with a volume of work – the data gathered by firms on work done at a client will be of value to the client.

Referrals result from excellent work, well received.

Robert Pay Bio

Robert Pay is a Contract Business Development Director at Alvarez & Marsal.

For consultants less comfortable with business development it’s helpful to think in terms of ‘the firm’ and what ‘the firm’ can do to assist a client.

Get comfortable through role-playing.

Gain a business development vocabulary that works for you.

It’s just a phone call. It’s how business gets done.

Today in-house legal departments are aware of what specific legal services should cost.

The ability to manage projects is linked to price. Project management is still a foreign discipline in law firms.

Look within existing clients and your personal network and hitch your star to someone you like – and who likes you.

Professionals like other professionals. Network with others non-competitors who focus in your niche.

Joshua Stein Bio 

Joshua Stein is a leading US commercial real estate attorney.  He’s the author of 4 books and over 140 articles on topics including practicing law in ‘plain english’ and negotiating.  His practice focuses on ground leases, hotel related transactions and unusual forms of collateral.

No lunches, no dinners, and no calls to check in.

Great legal work, fast.

Find what you’re comfortable doing that consistently brings in work.

Do something: if it doesn’t produce work, do something else.

An event invitation puts you on radar.   

Don’t try to convert people into clients.  Be out there.   The clients will follow through referrals.

Have a strong bedside manner – care about your clients, take matters personally, look beyond the document, express your views to the client.

Be a member of the client’s team.

Follow the money, pay attention and think to understand the transaction.

Michael Schmidt represents companies and management in all facets of employment law. He is the vice chair of Cozen O’Connor’s Labor and Employment Department.

Michael Schmidt Bio

We have limited time for business development. Take time to figure out what you do best, what you’re most comfortable doing.

Mike builds relationships through communication and creating trust overtime.

Surprised by the power of social media, Mike’s experience shows it’s an efficient way to connect with people you haven’t previously communicated with.

The brevity of twitter is valuable in teaching how to articulate, be succinct, stand out, and get a point across.  

Add value through efficiency – embrace ediscovery, electronic document review to be more efficient, and use data analytics to streamline and predict go forward trends.

Recognize the realities of the market around social and embrace it.

Thaddeus Wojcik, is the Founder and Principal at the firm bearing his name.  Thaddeus Wojcik Bio

Business opportunities come from reaching out.

Networking is doing what you like that involves other people.

Get out of your own paradigm – outside your box.

Stop worrying about working. Worry about meeting people.

Thaddeus’s firm uses 9 client driven billing approaches:

– A strategy to be able to budget

– A strategy that allows proactive legal advice

– One that assists in building trust

– Another that supports trusted clients in their role as a reference and referral resource…

With new clients get the money upfront, it’s inefficient to chase money. Offer something in exchange – a 20% discount off the normal hourly rate.

Once trust has been established, offer 2 hourly rate models: one that is cash sensitive, the other cost sensitive.

If you don’t like what you’re doing, you shouldn’t be doing it.

Nicole talks with Steven Weisbrot, EVP – Notice & Strategy Partner at Angeion Group. Steven is nationally recognized as a class action notice expert. He is a leading proponent for the use of digital and social media in the class action notification industry. Prior to Angeion he was the Director of Class Action services at a leading class action claims administration company; following a decade in a private law practice.

Bio Steven Weisbrot 

Establish differentiation – break with the mold of the traditional market.

Put out content, if your opinion matters – prospects will call you, they’ll trust you.

Most over think, over complicate growth.

People are out there talking about your services and your industry digitally.   Listen and participate in the conversation. By doing so you’re becoming an expert.   You become the guy/girl who talks about ‘x’ and when someone needs ‘x’ they will look to you.

It’s not ‘no’ forever. It’s ‘no’ at this time.

Need to develop tough skin around ‘no’ and the activities required to be consistent.

Put yourself on an even playing field in the industry; stop selling, it’s not about selling it’s about building relationships and building trust

If your not enjoying what you’re doing you’re not doing it well.

Sherrese Smith, a Partner in the Telecommunications, Media and Technology; Privacy and Cyber Security practices at Paul Hastings.

Bio Sherrese Smith

Help determine what a client needs and how you can address their needs in a practical way.

All the easy answers have been answered. In a new field you’re dealing with legal issues that haven’t been thought through.

Most lawyers are not as responsive as the corporate environment expects. Lawyers are trained to ‘get the right answer’ in most corporate environments you present the best answer you can in the time available.

Determine what you want to be known for? Then make sure people within the firm and outside know you’re a specialist in that area.

At the end of the day it’s necessary to stay in your sweet spot. Don’t chase everything – be thoughtful, smart, focused.

Be a credible advisor, honesty goes a long way. Look at each opportunity in a business oriented way.

You establish a mix of relationships along the way. Be true to yourself, your brand and who you are personally, professionally.

Nicole talks with Hitendra Patil the author of the recently published book Accountaneur. Hitendra has worked in the Outsourcing, IT, Finance and Accounting industries during including leadership roles in India, Thailand and the US.

Hitendra Patil Bio

Link to special purchase opportunity for the Accountaneur 

Create measurable value for your clients. It’s not about the ‘work you deliver’ but the impact you have on the clients you secure (the human being).

4 Kinds of Buyers:

1 – Commodity Buyer – price focused – good for business as it forces efficiency and productivity gains

2 – Product Buyer – looks for state of the art product and services, has a clearly defined need and is looking for a customized set of services

3 – Solution Buyer – has a specific need and is looking to ensure their need is within your core competency, they need you to be informed and to keep them informed

4 – Consultancy Buyer – looks at the professionals experience and willingness to partner for the long term over frequent interactions and a longer period

Determine where you want clients to come from – what category; and start talking to those clients. Create messaging/solutions specifically targeting at those clients.

Today business developers are more like consultants they’re providing clarification on what clients learned before contacting them.

In traditional outbound marketing – the provider contacts the buyer. Today a lot of professional business development is inbound where the buyer is contacting the provider – they’ve already determined there is fit between your services and their needs.

Technology allows clients to qualify providers and providers to target specific potential clients.

Ask your clients what ‘your Wow’ is – ask them what they value in your services. ‘Your Wow’ is delivering beyond expectations.

In business development you need opportunities with buyers. It helps to build risk reversal into your offer.   Offer a free trial period where the only risk is the time they take to try your services.

Last word: Be a keen observer/student of others. It’s about the human experience.

Today our guest is Jim Hassett , Founder, LegalBizDev. LegalBizDev helps law firms increase client satisfaction and profitability by improving project management and business development. Prior to working with lawyers, Jim spent 20 years as a sales trainer and consultant. He’s the author of 13 books, has published 80 articles; and regularly speaks at law firms and bar associations. Jim has a PHD in psychology from Harvard.

Bio Jim Hassett.

Lawyers can achieve marketing progress in as little as 1 hour per week with current clients and referral sources.

To get new clients the minimum per week is 3 – 5 hours – if you can’t spend that time – don’t bother.

Prioritize relentlessly. There are a million things you can do.   #1 nail down current clients.

Networking takes a lot of time – make sure it’s the best use of your time or do other things that are more likely to pay off.

Lawyers are not trained to be the best listeners.   Whoever does the most talking usually thinks a meeting went well. Since lawyers tend to do a lot of talking they often think a meeting went well.

The ‘advance’ get some kind of commitment. You’re looking for a next step that has value and moves the sale forward.

Value trumps relationship. If a prospect is low cost – don’t bid. Bid when you know the prospect and you trust each other.

Business Development doesn’t go away when you get good at it.

Be defensive – focus on current clients – defend what you have before you work on finding more.

Nicole talks with Jill Weber, Chief Marketing and Business Development Officer at Stinson Leonard Street; and the creator Fast Forward their Business Development Coaching and Professional Services Training Program. 

 Jill Weber Bio

It’s important to understand a clients business, culture, business philosophy, and the industry in which they operate.

The Fast Forward program works well with partners in ‘the valley of despair’. Second and third year Partners, who’ve gone from being an incredibly successful associate with high billable hours, loved by clients and partners, to no longer being at the right level, the right fit or the right bill rate to do the work.

Meet with people in your focus industry. You may get referrals from other lawyers but it’s helpful to spend time where you’re the only lawyer in the room, with industry executives who need your services.

Changes in the economy have lead to the growth of traditional in-house legal departments and the rise of different ways of managing these in-house departments. Specifically dedicated law department operations functions.

Traditional sophisticated procurement departments are now getting involved in the procurement of legal services. Their need to understand the delivery of legal services has been critical to the education of law firms and has driven firms to be as cost effective as possible while teaching firms how to better aggregate and report back statistics.

Marketing departments used to be more solo; today there is real collaboration between marketing departments and technical teams as technology can drive direct efficiencies.

It’s no longer just about the legal recommendation and whether the issue was handled appropriately, but whether it was done efficiently and effectively.

Nicole talks with Catherine Zinn the Chief Client Officer at Orrick. Catherine’s role is to ensure the firm is a steward of their clients’ businesses.

Bio Catherine Zinn.

Put the client first and acknowledge the clients interests in what you do.

If you ask for feedback, act on that feedback.

Does this make good use of my client or prospects time? If yes – go for it. If you don’t know ask.

Most firms ask gating questions, they qualify for fit and to make sure the economics make sense.

Legal industry is not flat. The responsibilities within the office of general counsel are way up – think global compliance, regulatory monitoring, and global data privacy.  It’s whose doing the work that has changed.

CLOC the Corporate Legal Operations Consortium; advises the Chief Legal Operations Executives within corporations that determine who should be doing each task.

Biz development is simple if you believe the opportunity exists to say what you think should be said. Most put their ‘head in the sand’ instead of taking on client issues directly.

Most rainmakers love their job; are curious and gritty. They genuinely look for ways to be of service to others. People who do this are successful, joyful, and are the best leaders – people follow them and want to be around them.

Nicole talks with Deana Calvelli, Consultant and Vice President at the Lockton Companies in the Northeast. 

Bio Deana Calvelli

3 Cs – Connect with the right people; Communicate in a concise and credible way; Coach prospects authentically.

More interesting selling experiences occur in the situations that are not ‘an easy ride’. It’s OK to feel discomfort in the room – that may be the opportunity with your prospect to discuss a solution they haven’t thought of.

60% of the buying decision has been made before they contact you.

Less meet and greet time allows you to use your time more efficiently.

Develop rapport and then stay in touch – you need to ‘come to mind’ when they’re ready to buy.

Clients and prospects do business on their schedule.

 Aric Press Bio

Nicole talks with Aric Press a name partner at Bernero & Press.

Read the situation and meet the client where they want to be met. ‘Take your Plaintiff as he comes.’

Get beyond the legal matter and talk about the client’s business.

You don’t want to be a mid-career lawyer who doesn’t know how to develop business.

Successful rainmakers are obsessive about keeping relationships going.

For god’s sake don’t do anything you’re not comfortable with.

Nicole talks with Melissa Croteau, Senior Director of Strategy & Marketing at Catapult Growth Partners

 Bio Melissa Croteau 

Set the strategy for your practice then operationalize it.

Effectively communicate what you do and explain why a client should work with you versus another firm, another lawyer.

Meet with the business people versus the legal team at your clients.

Communicate with your clients and jointly discuss a fee that the client is comfortable with.

Pricing czars and other business people are now critical additions to the legal client team.

Data analytics allow law firms to look at trends and respond to trends.

Speak to clients in a language they can understand.   Present information with a call to action that business people can respond to.

Anyone can sell. Have conversations; focus on the client and their business.

Nicole chats with Janet Markoff a partner in the NY office of Major, Lindsey & Africa. 

 Janet Markoff Bio

Strengths/habits that have led to success: Persistence, resilience, responsiveness and not taking things personally.

Growth strategy: Having a work spouse. The most significant benefit is emotional. It’s having someone in your corner in a competitive industry.

Tactical best practices: Gain the tools to be able to ask for business in a way that is part of your authentic self.

Changing market conditions: Loyalties have changed. Today it’s more about the lawyer than the law firm. You need to be so much more than a good lawyer

Advice to those starting out: Nothing can replace actual face time in business development.     Get out there and participate within organizations. Practice your face-to-face relationships.

What do you enjoy about the work you do: Being around smart people and making an impact on their life – their family and extended family 

Last word: Resources are available that can help you learn to develop business. You’ll need to devote the time and energy.

 A conversation with Laurie MacDonald, Director of Business Development at Hinckley Allen.

Laurie MacDonald Bio

Strengths/habits that have led to success: Knowing the partners and the strategic direction of the firm well, also resiliency and good listening skills.

Growth strategy: Identifying opportunities for growth within current clients and getting recommendations from current clients to other potential clients is one of the most powerful ways of getting new business.

Tactical best practices: Created a Business Plan Development Program for partners. Includes a 3 to 5 year business plan customized for each partner. This includes check-ins quarterly – and a yearly check-up. Plans are specific to the partner’s future vision for their practice. Follow-up is to ensure they get there.

Success story: A partner wanted to be a ‘go to environmental attorney’. Got him focused on what he needed to do, speaking, writing, positioning himself as an expert in that field and in the market. His practice has continued to grow and has gone national. He now makes decisions about how he uses his time to ensure he’s making decisions that position him as a leader in his field.

What’s innovative in the Legal business development today: Alternative Fee Arrangements especially if they’re thought through and align the clients’ interests with the firms.

Firm response to changing market conditions: Client expectations have changed. They anticipate better value, and require higher efficiency. Their firm and others have responded by changing their business model – offering alternative fee arrangements; and becoming efficient in the way they deliver services through project management.

Millennial, Mobile, Global: Business development is a contact sport.   Communication practices need to be thought through carefully.   Then try a lot of different things.

Last Word: New business development takes time, don’t be put off by lack of success. Have patience.

 Vivia Chen Bio

Nicole chats with Vivia Chen, a lawyer; Senior Columnist at The American Lawyer; and writer of the monthly column and blog ‘The Careerist’.

It’s about being persistent. Don’t pester but stay on radar.

Anticipate client needs, stay a step ahead.

Don’t forget the personal side people want to work with people they like and have rapport with. It builds trust.

Networking taps into primal fears.   Entering a room of strangers and looking to make a connection. You immediately become self-conscious.

You have something to offer. Think of yourself as a source of information. You have something to say, something to offer.

Networking is like speed dating, talk to someone for 5 or 10 minutes, then move on.

Go to events where you have something in common with others – events based on an affiliation.

Fear of rejection is inherent in networking and business development.

Be methodical about business development but also be relaxed and have fun. Be Zen about it.

Nicole talks with Adrian Dayton the Founder and Chief Innovation Officer at ClearView Social. 

Adrian Dayton Bio

Adrian is an attorney and a top social media consultant within the legal industry.

There is a significant difference in the ability, mindset and personality of rainmakers versus the average lawyer when it involves social media for content delivery and networking.

People you know today will lead you to who will buy tomorrow. You have to stay top of mind.

Best place for lawyers to stay top of mind? Data shows, is Facebook.

While content shared on Twitter gets more clicks than LinkedIn and Facebook.   Twitter is all about sharing content.

Lawyers are smart people and have the capability to create content and make a name for themselves and their firm.

It’s about the content you create; and how regularly you create and share it that builds a reputation.

Unlike LinkedIn and Facebook, Twitter is a completely open network. You attract people who are interested in the topic your writing about.

Adrian’s first book is Twitter for Lawyers – a concise read, provides a map for how to get started on Twitter. Listeners can email info@clearviewsocial.com for a free ecopy.

Nicole chats with Karen Kahn – Psychologist, Strategic Coach to Lawyers, and author of Daunting to Doable:  You can make it rain!

In exploratory conversations find the questions that feel good to you:  What occupies your time?  How did you get into that?

Comfortably use personal relationships for business by not selling:  Offer to assist.  Be aware, curious and helpful.

Growth strategy:  Pick an area that you’re interested in.  Become the best in the business.  Find a group that represents potential clients, can pay your rates and ‘gathers’.  Then participate.

A ‘simple’ Business Development Model:  what is your definition of success; who will help you get there; how will I develop sustained valuable relationships with that produce business.

Last Word:  You may be fascinated by ‘the work’, business is about ‘bringing in money’.

Nicole chats with Basha Rubin, CEO and Co-Founder of Priori Legal.

Technology is changing access to legal services: Priori is working to remove aspects of finding and working with lawyers that impede efficiency.

How did you come up with the idea for Priori: We felt a marketplace solution would help businesses: identify high quality lawyers, understand pricing, get a transparent look at what their purchasing; while using technology to make managing the relationship easier.

Clients’ value that Priori seriously vets their lawyers: Improving on the legwork businesses typically do themselves; they set mandatory minimum requirements; vetting is done by people who are expert at vetting lawyers; as are reference checks; and face-to-face interviews.

Lawyers value the business acquisition channel: Unlike other services – no bidding is involved. Lawyers get ‘pinged’ when a client is looking for services tailored to their experience, background and practice. Priori handles billing, invoicing and collection.

People network superficially: Basha suggests small networking groups where you become friends with peers is better than attending 30 cocktail parties in a month.

Advice to those starting out: Keep at it – you’ll feel you’re running hard and not making progress then you’ll have of breakthrough – it’s all about tenacity.

Nicole chats with Ron Baker, author and VeraSage Institute – Think Tank Founder

Ron Baker Bio

Value Pricing:  Setting a price commensurate with the value you’ll create for the customer before you do the work.

Value Pricing:  Is pricing certainty and reduced risk.  When you offer a fixed price with options – customers love it.

Value pricing: Is NOT using an estimate of costs calculated out to a fixed price.

Repetitive tasks have been replaced by technology:  More can be done in less time. Businesses that sell time (the billable hour) are being forced to change their business model.

Time doesn’t determine value: Value is a feeling not a number.

Define the business problem:  Assign a value and get to work.

Give the customer pricing options:  To differentiate service expectation levels.

For more information:  Go to www.verasage.com or www.thesoulofenterprise.com

Nicole chats with Peter Aziz, Founder and Managing Partner, Peter Aziz Associates.

Strengths/habits that have led to success: If you don’t know the answer ask, people want to help.

Growth strategy: Best form of advertising is a client you already represented, treat clients right so they will refer you.

Tactical best practices: Peter introduces himself, gives out cards and does an email follow-up. The Internet and social media have made the world smaller.

Success story: Gave a driver in Texas his card, the driver gave it to a CEO of a large company who is now his largest client.

Advice you’d give to someone starting out:  Map your professional identity, so people know your purpose.

Enjoy about work: Doing something for a client they didn’t think could be done.

Last word: If you don’t know how to do something ask. If you still can’t do it, hire someone to figure it out.

Bio Peter Aziz

Nicole chats with Ajay Raju, Executive Chairman/CEO, Dilworth Paxson, LLP

Ajay talks about how all great law firms are built at the intersection of relationship, value and judgement.

Strengths/habits that lead to success:   Provide counsel vs. focusing on the delivery of legal work.

Growth strategy: Technology is changing the way law is practiced. Clients want value. Act offensively – create profit while embracing an environment of disruption.

Tactical best practices: Quality starts with the finest lawyers doing the best work possible then a niche or value prop that makes you and your firm unique.

Success story:   White shoe firm absorbs change with enthusiasm.

Millennial, Mobile, Global: Millennial professionals have a native fluency with technology and are impatient. They are best equipped to take advantage of how technology and innovation will transition the industry.

Last word: Working with new concepts and in new industries has created excitement and energized the firm – you feel it in the hallways.

Nicole chats with Aaron Ross, best selling author and founder of Predictable Revenue.com. Check out his latest book, From Impossible to Inevitable.

All growth uses the same principals: including professional services.

Nailing a niche: where you’re truly unique from others.

Become a specialist: approach the market with a specialty. It’s about focus: who needs you and will pay for your services.

Real growth: comes when you get business from people who’ve never heard of you. They have a need in your ‘niche’. Build a system beyond your current network.

Doing great work is not enough: you can learn how to grow your business, but you can’t hide. You need to do it over and over as long as it takes until it works.

Grit:   will separate the people who double or triple their income versus those who grow 5% per year.

From Impossible to Inevitable: Frustration is part of it. If you’re not sobbing in a corner or pounding on the floor at some point your probably not doing new things and pushing yourself.

Aaron Ross Bio

Nicole chats with Danny Ertel, lawyer; founding partner of Vantage Partners; and Senior Researcher at the Harvard Negotiation Project.

Learn what we’re solving for what’s important to both parties – what each is trying to accomplish or avoid.

Negotiation frustration: games and false fronts meant to throw off a negotiation. When a negotiator is a messenger with a demand vs. a party with a vested interest.

Avoid the haggle: Pricing high and leaving ‘room’ for a concession. It teaches the client not to trust the first thing you say.

Scope and fee changes: Should be managed together as part of an ongoing decision making discussion versus tabled for the end of the project. It’s about leverage.

Historical data lead to portfolio pricing success: 5 plus year relationship provided significant experience and revealed patterns within the organization’s matters. Certain cases were sortable by criteria and could be categorized for pricing and staffing efficiencies.

Under pressure to reduce write-offs the firm required disciplined preparation before a negotiation, which allowed for creative problem solving; stronger controls on scope and scope management with regular client check-ins; and end of project – full debriefs.

BATNA – Best Alternative To a Negotiated Agreement: what we’ll do if we don’t reach an agreement. For professionals it measures opportunity cost using profitability and strength of relationship.

Nicole chats with (name, title, company): Steven Horowitz, a partner at Cleary, Gottlieb, Steen & Hamilton.

Strengths/habits that have led to success: Listen and be aware that clients with similar business issues may have different interpretations of a successful outcome.

Growth strategy: There is a great deal of randomness in acquiring clients including being in the right place at the right time.

Tactical best practices: Build on the strengths of your firm and use them as an entree for cross selling.

Success Factor: Law firms are organized by specialty while clients are unlikely to make intellectual boundaries. Lawyers and law firms that are intellectually flexible can most effectively respond to the client business problem or goal.

What Steven enjoys about his work: Helping young lawyers learn what the client cares about and where they can compromise.

Last word: To build a relationship opt-in to verbal communication – it’s difficult to develop a relationship by email.

Steven Horowitz Bio

Nicole chats with Paige Zandri, Attorney Network Director at Priori Legal

Paige Zandri Bio

Being prepared and practicing: is Paige’s personal success habit.

Tactical best practice is logging notes: Remembering the small details that make a difference and build trust.

Do quarterly 360s:  In a high growth business; look at your own work as if you’re evaluating a team member.

Legal tech has influenced significant change: Ethics rules and the rules of professional conduct require that lawyers know how to use technology and show competency.

Technology can trim fixed and embedded costs: A savings that can be passed on.

Create a scalable market presence: using technology to be high touch while remaining primarily remote.

Trial and error:  was necessary to limit and define who to go after and who to turn away.

Nicole chats with Mark Maraia, author of Rainmaking Made Simple and Relationships Are Everything!

Brief intro: A pioneer in combining coaching with training in the legal profession, Mark has worked with thousands of lawyers field-testing his ideas.

Technology’s role in networking: Approach meetings thoughtfully – use the tools you have to gain insight and ask interesting high-energy questions.

Invoices advertise: Invoices create an opportunity for a business discussion on value.

Be genuinely interested: Lawyers who think like entrepreneurs provide value to their clients.

On networking: Put people together for their mutual benefit.

Nicole chats with Ian Turvill, CMO, Freeborn & Peters, LLP.

Brief intro: You’re not selling to people, you’re not selling yourself, you’re demonstrating your capabilities.

Habits that lead to success: Persistence – without being overbearing.

Growth strategy: Understand your client as a business person and understand the challenges within their business.

Tactical best practices: Niche and get the business for which you’re best suited.

Millennial, Mobile, Global: Do great work; maintain the connections you made in law school; pick a niche and build a reputation and intellectual capital in that niche.

Last word: If you’re passive around biz development you’ll never have control.

Nicole chats with David Kaprielian, a Principal, with Mercer. 

Growth strategy: Ensure current clients are solid. You want to grow not just fill gaps with new business.

Tactical best practices: With strong technical skills you can rely on yourself to look at information and make decisions. It’s important to have a client team with separate and distinct skills.

Less than Success Story: Assigned to an unhappy client David used focus and effort to turn negative feedback positive. Then it wasn’t, he had become complacent, had reduced his sense of urgency, and hadn’t asked for feedback. Today he asks frequently and brings others in regularly to check client satisfaction.

Fixed Fee Pricing: To get from point A to point B with a fixed price you assume a straight line. In reality projects twist and turn – they add time, which equals money. If you can ask the client for more, they feel nickel-and-dimed. If you hold to your price, you feel nickel-and-dimed.

How is business development in professional services different from business development in other B2B businesses: Selling consulting, you’re selling yourself, not a product – it’s personal. Build a business relationship with clients for the long term.

Millennial, Mobile, Global: Keep your energy, focus and enthusiasm. Understand what you want and remain true to yourself. 

David Kaprielian Bio

Nicole chats with Marcia Wagner, President and Founder, The Wagner Law Group.

Strengths/habits that have led to success: Boldness – not being afraid to succeed; and subject matter expertise – being detail oriented.

Growth strategy: It’s about being a thought leader, being on the cutting edge of trends – reaching out and having people reach out to hear how to proceed.

Tactical best practices: A lawyer will always have his or her own way of growing their business. It’s more art than science.

Success story: Survival. Necessity drove the need to look for growth opportunities where the money was. They became extraordinarily expert in a specific area related to their core competency.

Pricing Strategies: Clients are reasonable. Stick to your word on pricing, and budgets.  If the client wants to work with your firm, work to get the cost reasonable so that all parties are satisfied.

Innovation in the Legal Profession: The Wagner Law Group is asking for and receiving payment for thought leadership. Lawyers you’re supposed to be at the forefront of legal development. What’s innovative is monetizing this activity.

Millennial, Mobile, Global: The elements of a successful business are ageless and timeless. Don’t recreate the wheel – look at what’s been done and build on it.

Last word: The Internet and technology are tools; the underlying project and goal has never changed. Do and be the best you can personally and professionally.

Marcia Wagner Bio

Nicole chats with Jeff Berardi, the Chief Marketing Officer of K&L Gates. 

Strengths/habits that have led to success: Looking outside of the legal industry for ideas and information.

Growth strategy: K&L Gates is communicating to specific industry groups. Clients don’t care how the law firm is structured they are focused on whether the firm understands their business, their industry.

Tactical best practices: Not solely focused on the largest accounts – they look for opportunities and potential across all their clients.

Success story: Their strategy includes being helpful and providing resources to clients and potential clients without being on the clock. Created a digital destination K&L Gates HUB, which is organized by industry to be more intuitive for clients. They also created a CLE center where anyone can register and take courses. Next up is a HUB resource that is more bespoke – showing content the client needs and wants to receive.

Millennial, Mobile, Global: Be patient with the development of your career and the speed at which law firms change. The ability of the firm to execute on a really good idea may be challenging due to the culture of the firm and the firms readiness to change.

Enjoy about work: Works with an incredible group of professionals. Enjoys watching team members grow, step up into new roles and take on new responsibilities.

 Jeff Berardi Bio

Nicole chats with Nick Araco Sr. Director of Growth Strategies and Business Development at Drinker Biddle, and CEO of the CFO Alliance.

Strengths/habits that have led to success: In this ever-changing noisy environment where time is the asset everyone is managing – be a qualified connector and break through the noise the C suite operates in.

Growth strategy: Position yourself as a trusted connector and your clients and prospective clients will come to you for advice and counsel – even outside your area of expertise and technical background.

Tactical best practices: Create meaningful dialogue – spend time learning what the firm does, how it’s delivered, and what it means to the clients you serve.

Success story: To assist a highly respected lawyer in the corporate and securities world, Nick identified a dedicated business development director to go deep from a focus perspective. After meeting a firm client, a PE firm. After evaluating the firm’s investment criteria, he used his Rolodex to bring potential origination opportunities to this client. He also put a process in place to meet regularly to review the PE firm’s origination objectives. The client recognized this effort beyond the billable project – and subsequently exposed this individual to additional opportunities within their portfolio companies.

Millennial, Mobile, Global: Talk to clients about their business – not to get work but to learn what’s happening today and into the future.

Enjoy about work: Nick believes in the power of people. Building confidence in people’s decisions through connector relationships.

Last word: Be authentic; use the information at your disposal to be more effective; and recognize that marketing and business development is not static. Stay connected with peers, seek training and use the information available to you.

Nick Araco Bio

Strengths/habits that lead to success: Not giving up after 2 or 3 connection attempts. It takes 9 on average to establish a connection.

What have you seen that’s innovative: What’s happening in digital marketing. We have the ability to watch how someone is consuming information and give them more information using those same preferences.

Tactical best practices: It’s important to ensure the voice of the client is heard. Avoid jumping to solve the first pain presented. There are pains clients are unwilling to solve.

Growth strategy: With tools like LinkedIn you’re able to build a network and communicate messages to that network building credibility in a way we’ve never had access to before.

Millennial, Mobile, and Global: Learn to be comfortable in conversations. Listen to what is said – and tailor your response to conversation content. Be polite and courteous. If you’re a jerk, no matter how smart you are, they won’t want to do business with you. Continuously reinforce your message within your network – stay in front of people – be intentional, be in contact.

Enjoy about work: Jeff is passionate about the changing frontier within digital and content marketing, producing the right amount of the right content at the right level.

Last word: Trust and follow your gut.

Link to BIO: Jeff Antaya Bio

Nicole chats with Brian Miske the CMO of KPMG MSLP.

Strengths/habits that have led to success: Creativity, curiosity and strategy, drive what Brian does on a daily basis.

Creativity: is the capability he’s used in professional services on a consistent basis. Use creativity to accelerate something fantastic.   Connect disparate pieces of information that break through convention.

Predictive analytics: Get creative in trying to understand the story behind the data. Confirm what you expected to see and note the interesting things that deserve another look. 3 to 4 different generations in the workforce and all process information and learn differently. Data is the one fact base for all.

Owning the conversation: marry statistics and marketing with creativity.   Having synchronization between the value proposition and the differentiators make it relevant for those buying the services. Truly address the perceived value of what will be delivered.

A true renaissance in learning is occurring: People think they’re learning through search but there’s no context, no synthesis of information. We have a tsunami of content and a fragmented approach to problem solving. Get out of your comfort zone.   Take a course. Newer concepts need focus. Invest in your education.

Last word: Get out there – get creative – get out of your own head create a break through solution that addresses the legacy perceptions in your industry and meet the future expectations of the customers.

 Brian Miske Bio 

Nicole chats with Michael Schwamm a Partner at Duane Morris in NYC.  

Brief Into: Get to know your clients, spend time with them. Make sure your billing practices aren’t pushing them away.

Strengths/habits that have led to success: Responsiveness, preparedness, persistent consistent follow-up that provides value.

Growth strategy: Become a trusted advisor and they’ll come to you and want your opinion beyond legal matters.

Tactical best practices: Before the first meeting gain an understanding of their needs, ask and do research – bring the right team.

Success story: “I’m the poster child for networking” – hints on how to be a better networker.

Millennial, Mobile, Global: The people you know today may be your strongest connections in the future.

Michael Schwamm Bio

Nicole chats with Rania Sedhom, Managing Partner, Sedhom Law Group, PLLC.  

Rania and her team take pride providing practical and efficient solutions to complex problems.

Strengths/habits that have led to success: Perseverance and being friendly.

Growth strategy: Provide value, be cost effective, show your client you’re economizing. Demonstrate your strong business sense and knowledge of their industry, their business.

Tactical best practices: Have a plan, calendar business development activities.

Success story: 90% of our clients are on retainer. We act as General Counsel, our client’s partner with us – and are engaged fully.

Millennial, Mobile, Global: Your best differentiator is you. Let people get to know you – through events, speaking etc.

Last word: “We’re kicking it old school” – similar to when the legal profession started.   “We meet our clients regularly; there is trust; we provide proactive counsel to solve business problems.”

Rania Sedhom Bio

Nicole chats with Terri Combs, a Partner at Faegre Baker Daniels.

Strengths/habits that have led to success:  Having success helps grow your business. Deliver expertise and value. Align the business you go after with what you’re good at.

Growth strategy:  Show both credibility and professionalism by being 100% clear. You’re contacting them because you’re looking for clients.

Tactical best practices: Market flexibility – adapt to changes, show you’re willing to adapt.

Success story:  Called out the client on what was turning into an adversarial relationship – it turned around.

Millennial, Mobile, Global:  Don’t sit around waiting for someone to tell you what you should do. Look for open space. Where there’s opportunity and go towards it.

What she enjoys about work:  You’ll be dealing with people in extremely stressful situations that are highly personal and you may be involved with them for many years. Helping them can be wonderful and rewarding.

Last word:  I went to law school to have a nice comfortable living.  I never thought about being a sales person. I thought selling was abhorrent, that I would never stoop to that. Selling is about connecting with someone who wants what you offer.

Terri Combs Bio

Nicole chats with Sigalle Barness – Lawyer, Faculty Member, and VP of Programming at Lawline.

Whole new areas of law have developed in response to changes in technology; innovation; and the law itself.