♫ Stand by your belief and have faith in this sound
You know that you can always turn it around
Feel the rhythm and its healing remedy
Listen to the sweet melody
Feel the rhythm and its healing remedy
RISE TO THE CHALLENGE! ♫
Bob Denney
Once again it is time for Bob Denny of Robert Denney Associates, Inc. [bob@robertdenney.com] to report on What’s Hot and What’s Not in the Legal Profession. With Bob’s kind permission, we are reproducing his latest report here:
In our 2009 year-end report, we said 2010 “will be a year of continued challenge and change.” It is proving to be so although the challenges may be greater than the changes. We cannot cover all the developments in this Update. These are the ones we believe are the most significant – or interesting.
PRACTICE AREAS
Hot
- Health Care. Of course, involving many areas: regulatory, transactional, employment, et all.
- Bankruptcy. Still. Pre-packaged bankruptcies are raising the temperature even more.
- Trusts & Estates. The temporary lifting of the “death tax” is raising the temperature here too.
- Regulatory. In many industries, not just health care, banking and finance.
- Commercial Litigation. Particularly “bet the company” cases, patents and labor.
- Employment Law. That’s why major L&E firms are opening new offices.
- Emerging Companies. It is surprising but the number of former big company executives starting new businesses hit a four-year high in 2009 and continues to increase. (more…)
♫ When the walls come crumblin’ crumblin’
When the walls come tumblin’ tumblin’ down…♫
Lyrics and Music by: George Green, J. Cougar Mellencamp
As of March 4, 2010 (the day of originally writing this column for the Canadian Bar Association) the Canadian legal competitive battlefield changed. Dynamic LawyersTM, led by Michael Carabash, B.A., LL.B., J.D., M.B.A., Founder/President, formally launched their website: www.dynamiclawyers.com.
Have a look – Carabash, a Toronto business lawyer, is one of a growing list of new entrants into the area of online legal services. What makes his web services a bit different is the use of online video guides that aid purchasers to complete the legal forms that he has made available. He also has a blog and an “online legal health checkup”.
Dynamic LawyersTM joins other online legal service providers such as LegalZoom that are seeking to tap the “do it yourself” legal consumer market. (more…)
♫ What are you doing the rest of your life?
North and south
and east and west of your life? ♫
Lyrics and music by: Alan Bergman, Michel Legrand, Marilyn Bergman, recorded by Barbara Streisand.
Robert (Bob) Denney of Robert Denney Associates, Inc. has just released the February 2010 Communique on What Firm Leaders Should Focus on Now.
With Bob’s permission, here is his communique, which I think is excellent in terms of strategic planning and vision for the year to come:
The economy is recovering although not as rapidly or steadily as we would all like. It is already apparent that this recession will have a far greater impact on the legal profession than any previous recession. Now it is time for firm leaders to shift from survival management to recovery and strategic management. Firms face challenges they have never faced before and for which there are few, if any, precedents. These are some of the areas where these challenges will occur and where firm leaders should now focus their attention.
Leadership and Management: Managers have a short-range perspective. Leaders, on the other hand, need to have a long-range perspective and a vision. They also need to build consensus throughout the firm for achieving that vision. Leadership is different from management. Right now both are critical.
Firm and Practice Management structure: The Managing Partner/President/CEO should focus on strategic issues and external factors – especially clients. But, in BigLaw firms and in many MidLaw firms, this top level manager should focus solely on running the firm and should not have any personal client responsibilities. There should be a senior management team including an Executive Committee, a Chief Operating Officer (or co-Managing Partner) and Practice Group Leaders. All positions should have job descriptions and the partners in these positions need to be given sufficient non-billable time to fulfill their management responsibilities. (more…)
♫ Baby, baby, I’m out on a limb
I’m giving in to you again…♫
Lyrics, music and recorded by Teena Marie.
I wanted to say a most gracious thanks to Steve Matthews and his crew at Stem Legal (Jordan Furlong, Emma Durand-Wood, and Laurel Fulford) for my 2009 Clawbie in the area of Practice Management (tied with Avoid A Claim Blog – Dan Pinnington the Director of PracticePro’s new risk management blog). I also wanted to say a hearty “Congratulations” to all those who won and who were nominated (a complete list of winners can be found here). Well Done!
I didn’t want this to be a typical acceptance speech (which can be rather boring) so I am giving into the urge to go out on a limb (which usually means someone comes after me with a chainsaw….but I digress…) and make some predictions for what will be seen in the 2010 ClawBies and legal blogs in general.
First of all, I think 2010 will be the year of the collective blog. www.slaw.ca is one shining example of what can be achieved by a powerful group of bloggers who have multiple eyes and ears and who are watching the world. Slaw has been recognized internationally for the quality of its work. Frankly I don’t know how a Canadian lawyer can practice today without following it – it is a great way to stay on top of current developments not only across Canada but in the international legal world as well. Hats off to Simon Fodden for herding this particular group of legal cats!
Another great group blog is Lawrence Gridin and Omar Ha-Redeye’s Law is Cool.
Second, individual bloggers will make more extensive use of guest bloggers on their sites. This adds variety and new voices to the mix (and also helps create cross-links). It also builds on the social aspect of blogging.
Third, 2010 will also be the year that legal organizations recognize the value of a blog. The Stream, a collective blog hosted by the BC Courthouse Library Society, illustrates what happens when an organization recognizes the informational value in hosting a blog and looks at how it can provide information differently. Johanne Blenkin and Mandy Ostick are leading the way here. Lang Michener LLP, Davis LLP, Clark Wilson LLP and other law firms fall into this emerging category.
Fourth, I would like to mention a few people to watch in the Canadian legal blogging community:
Doug Jasinki’s new blog: http://legalmarketing.ca/ is one to keep an eye on (disclaimer: Doug and his team designed my blog for which I am eternally grateful). Doug is a very bright light when it comes to online legal marketing and he and his company Skunkworks Creative Group Inc. are doing some truly innovative things in the legal marketplace (see his list of clients here).
Individual bloggers that I find particularly inspiring: Erik Mcgraken, Donna Seale and Jordan Furlong are three to watch, in my humble opinion.
Lastly, there is Steve Matthews. He is a true Canadian visionary when it comes to understanding the entire online social matrix in which lawyers and law firms are working. His work is international in scope and light-years ahead of the competition. He senses oncoming transformation from the briefest puff in the winds of change.
So there they are…baby, baby I am out on a limb again…
♫ It takes two, baby,
It takes two…♫
Music by Marc Shaiman, lyrics by Scott Wittman and Shaiman.
A couple of updates:
One: OnPoint Legal Research’s Take Five Newsletter is now up for November, summarizing the 5 most interesting cases for BC: November Take Five
Of course you can access past issues on their website as well as sign up for their newsletter by email.
Two: Bob Denney’s November 2009 Legal Communique has now been released:
BUSINESS DEVELOPMENT AND MARKETING MAXIMS
‘Maxim: General truth or rule of conduct expressed in a sentence.”
The Oxford Dictionary
1. Be the best lawyer you can be.
2. Be afraid. Fear of failure guarantees success.
3. Don’t sell. Educate. No one wants to be sold legal services. Ask clients and
prospects what their problems are, then educate them on how you can help them.
4. Focus. Specialize. You can’t be all things to all people.
5. Have a marketing plan and follow it. Hell is paved with good intentions – and
marketing plans that were never implemented.
6. Market like you were a sole practitioner. If you don’t, you may become one –and
then you’ll have to.
7. Everyone in the firm must be a marketer, from the Managing Partner all the way
down to the messenger.
8. Current clients are your best sales agents.
9. Word-of-mouth is still the best form of marketing and business development.
10. Your friends may not become clients, but your clients can become friends.
11. Your next client may be across the table.
12. To get and keep your client’s business, know his or her business.
13. Treat every client as if he or she were your only client.
14. The three keys to delighted clients:
• Listen and communicate
• Listen and communicate
• Listen and communicate
15. Under-promise. Over-deliver.
16. Don’t be afraid to say “yes” – but have the courage to say “no”. The
magic words to a client are: “Yes, if . . .” or “No, but . . .”
17. Be a problem-solver, not a problem-maker.
18. Give the client alternatives but don’t stop there. Say, “It’s your decision but
I think this is what you should do and these are the reasons.”
19. Know your competition. It’s just as important as knowing your client.
20. Ask for the business.
Robert Denney Associates Inc. has provided strategic management and marketing counsel to law
firms throughout the United States and parts of Canada for over 30 years. Reports and discussions of
other timely issues are posted on his web site, www.robertdenney.com. His annual report on “What’s Hot and What’s Not in the Legal Profession” will be coming in December…visit his website to sign up for his newsletters.
When it comes to this post, it takes two!
Simon Chester, a partner at Heenan Blaikie since 2004, is a member of their Toronto Litigation and Business Law groups. His practice focuses on knowledge management, research and legal opinions specifically. He has been a pioneer over the past 25 five years in the application of technology to the practice of law.
Simon studied Jurisprudence at University College, Oxford, and on winning the Canadian Rhodes Trust Scholarship did post-graduate work at Osgoode Hall Law School. After a decade in the Ontario government, he joined another major Toronto law firm as research partner. His earlier career included work as a faculty member at Osgoode Hall, on the research staff of the Ontario Law Reform Commission, and as Executive Counsel to the Attorney General of Ontario.
He has extensive experience in privacy and e-commerce.
Simon has held leadership positions in professional organizations and was the first non-American to chair the American Bar Association’s Tech Show. He chairs the ABA Law Practice Management Section’s Editorial Advisory Board. He served as President of the College of Law Practice Management and as President of the Oxford University Society in Toronto; he is a director of the Canadian Rhodes Scholars’ Foundation.
Simon has often testified before House of Commons and Senate Committees and is a frequent speaker at American, Canadian, Asian and European conferences on technology, international law and law practice management issues. He has contributed articles to the American Lawyer, International Business Lawyer, International Financial Law Review, Law Practice Management, CAMagazine, CBA National, Business Law International and the ABA Journal. He has written chapters for Winning with Technology, The Quality Pursuit, Environmental Rights in Canada and Canadian Legal Practice.
We welcome this opportunity for Simon, a perennial speaker at The Pacific Legal Technology Conference (including the upcoming 2009 version on Oct 2 in Vancouver) to answer 30 Questions for Busy Lawyers who use Technology:
1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc):
Heenan Blaikie is one of the ten largest law firms in Canada, although it is likely the youngest, since the firm was only formed in 1973. Practicing in four provinces, we currently have 495 lawyers, 6 Patent Agents, 67 Paralegals and 519 Support Staff : (which includes legal assistants and administrative staff (Accounting, Human Resources, IT, etc.). The firm’s historic strengths have been in labour relations, film, media and communications, public law litigation, pharmaceutical litigation and business law, but we have lawyers specializing in a vast number of areas from aboriginal land claims, mining project development, to atomic energy to minority language rights litigation. With the exception of the occasional white collar/regulatory defence, we eschew criminal work, and will refer out all family law work. The firm also has an active pro bono practice, and has been involved in a number of high profile recent constitutional challenges. In addition, the firm has an extensive international consulting practice, although this is generally conducted using advanced telecommunications and fly-ins. (more…)
♬ I think to myself living is a winning school
Winning on your feet, winning on the street
Winning as a golden rule
It’s seems there’s always a test
And I’m doing my best
But there still seems a long way to go
I try myself
Trying everything I know
Pushing me so
…
One step ahead
One more step ahead just to get me through♬
Lyrics, music and recorded by Nik Kershaw.
This is the latest in a series of interviews of busy lawyers who use technology in advance of The Pacific Legal Technology Conference, to be held in Vancouver on Friday, October 2, 2009 at the Vancouver Trade and Convention Center. In this interview, we pose our 30 questions for Mark Tamminga of Gowlings:
1. Could you briefly describe your firm (number of lawyers, staff, areas of practice etc)
Gowling Lafleur Henderson LLP is one of Canada’s largest national firms with an emphasis in business law, intellectual property and advocacy.
2. When was your firm established?
The firm traces its roots back to the 19th century…
3. Where do you practice (one office, multiple offices, virtual offices, regional, national, international)?
Gowlings is an International firm with 8 offices across Canada as well as offices in London and Moscow.
4. What are the demographic backgrounds of the lawyers and staff in your firm?
Varied – we have just under 700 lawyers and a proportionate number of staff. With that size comes a tremendous range in people. We have been listed as one of the 50 Best Employers in Canada by the Globe and Mail (2009).
5. What prior degrees and/or experience do the lawyers and staff bring to your firm?
Again this is very differentiated. For example, we have the Honourable Martin Cauchon who was the Minister of National Revenue
6. How would you describe the culture of your firm?
Result of the coming together of a whole bunch of smaller firms. Each firm brought their own flavour. I would say it is scrappy – willing to try new things. Open to innovation.
7. Can you describe the firm’s management style?
Consensual. We have a three person executive, a Board of Trustees and an Internal and External Management Committee. The different office managing partners are on the internal committee. The external one is made up of key hitters in the firm.
8. Does technology assist you in the management of your firm? If so, how?
My interest is practice modeling software, which is aimed at production of legal work. In terms of management, we have most of the back office accounting stuff…giving us the firm’s financial performance. GowLINKS is the internal web site for sharing information – the office’s intranet. (more…)
♫ Well its time to change
when its time to change
…when its time to change you’ve got to rearrange
move your heart to what your gonna be…♫
Words and Music by: Raymond Bloodworth, Billy Meshel, Chris Welch, recorded by The Brady Bunch.
A lawyer friend of mine lamented recently about an experience he had in running an in-house education session for his partners on web 2.0, social media, blogs and their implications for marketing by lawyers. One of his partners in the middle of the presentation asked how the teaching partner was recording his time spent learning about this stuff. My lawyer friend was expressing his frustration regarding this partner who not only was not connecting the dots, he wasn’t even seeing them. Unfortunately, there seems to be an ever-increasing gulf between those lawyers who ‘get’ the positive implications of technology, who see the benefits of learning about them and who know that entering into a dialogue with their partners regarding how to best take advantage of these new developments will result in the betterment of all; and those that don’t.
Perhaps those who do not ‘get it’ do not want for clients or are satisfied with the state of their practice and see no reason to change. But that does not accord with what I am told daily by many many lawyers who are constantly looking for ways to improve their practices. There are shining examples of lawyers who do ‘get it’ and who have embraced technology and have seen huge changes in their practice as a result. I will be shortly running interviews of select lawyers in upcoming posts under the new category “30 Questions for Busy Lawyers who use Technology” in order to shed some light on real examples of lawyers who are leaders in their understanding, use and application of technology.
But to introduce these interviews, I thought I would look at one technology that is already built and available for lawyers in BC. This is Dye & Durham’s Ecorp. For any solicitor who maintains corporate records, limited partnerships, proprietorships, partnerships and societies in BC or Federally, this is one incredible system.
From incorporating a new corporation from the precedent and form library, to maintaining the corporate records in an online library, to establishing a Trust or s. 85 or s. 86 transaction – the system is automated (and has built-in checks to ensure that you have dotted every “i” and crossed every “T”). Existing corporations can be brought into the system. Historical searches are straightforward (imagine trying to read an older paper-based minute book and trace what happened to a particular share issue…). The software maintains shareholder rights and restrictions – preventing you from inadvertently causing a problem. The document assembly and document library allows for quick generation of forms and documents once the data is in the system – without any spelling or typo errors. All filings are done electronically – and if you wish to also extraprovincially register the corporation in Alberta – that is also available.
You can upload your own share structures into Ecorp and have them available to you in future transactions. Tracing affiliate references between corporations can be performed, allowing you to produce graphical organizational charts simply and easily.
The system is web-based; Dye & Durham has taken the US Patriot Act and its privacy concerns to heart as all its servers and data are hosted within Canada. Within Ecorp, security access can be controlled via user management settings and the user administrative system. The system uses digital certificates to encrypt communications. Full backup of all data is performed real time and the system is further backed up onto tape throughout the day. Real customer support personnal situate in their New Westminster office are available during business hours to assist in any user issues.
Best of all, Dye & Durham has priced the system in a manner that is eminently suitable to lawyers starting up to established law firms. There is no purchase of software required and Ecorp bills you $29/corporation/year (or less) at annual resolution time – allowing you to run the system without any upfront costs.
In my opinion, this system offers solicitors a very powerful, accurate and cost-effective way to build and maintain a corporate records practice, particularly those who are just starting out or in a solo or small firm and who may not have a great deal of financial resources. It allows lawyers to gain from the built-in forms, checks and balances in the system – it even does the math for you!
When it is time to change you’ve got to rearrange – and Ecorp is a great example of how technology can be acquired, applied and appreciated by lawyers who not only see the dots, they know how to connect them to their future.
♫ Be not selfish in your doings:
Pass it on. (Pass it on, children)
Help your brothers (help them) in their needs:
Pass it on…♫
Lyrics and Music by Bunny Livingston (aka Bunny Wailer), recorded by The Wailers.
As a lawyer, I enjoy the study of law. As we all know, laws come in many forms. When studying laws, we are accustomed to dealing with a set of formal laws – being those duly considered and passed by a parliament, legislature, congress or other legislative body. In addition to these formal laws and associated regulations, at least in the common-law system, there is also precedent or judge-made law. However, experience tells us that outside these formal laws exists a parallel universe of unwritten laws. A good example of an unwritten law is the Pereto Principle: namely that in any business entity, 80% of the revenues arise from only 20% of the clients – or as it is usually restated, 80% of your time is occupied by 20% of your client base.
Read the rest of the post on Slaw.ca here.
♫ Hooray hooray
I’m your silver lining
Hooray hooray
But now I’m gold…♫
Lyrics and music by: Jenny Lewis, recorded by Rilo Kiley.
This morning I received my good friend Bob Denney’s (of Robert Denney Associates, Inc.) March Legal Communique. I thought it was excellent and with his permission, it is the first Guest Post on this blog:
DON’T BELIEVE ALL THE GLOOM AND DOOM.
MANY FIRMS ARE PROFITING IN THIS ECONOMY
“These are the times that try men’s souls.”
Thomas Paine
And that is certainly true today in most parts of our economy including the legal profession. Yet legendary investor Warren Buffett sees this downturn as providing opportunities. And, despite the dissolution of some firms and lawyer and staff layoffs in a number of others, many firms – particularly mid-size and smaller – are doing more than just surviving. Some are even doing well.
Why?
For the most part, their practices were not dependent on major clients in the financial, automotive and real estate industries among others. But, like Buffett, they have also identified opportunities to not only survive but, now or in the future, to thrive. This is what these firms, many of which are our clients, are doing to capitalize on these opportunities.
- Planning. To begin with, they are developing a strategic plan or, if they already have one, they are updating it.
- Practice area focus. As part of their planning they are focusing, not just on counter-cyclical practice areas such as Bankruptcy, but also on other areas including Litigation, Intellectual Property (particularly litigation and patent prosecution), Employment and Environmental. They are also re-emphasizing and expanding their expertise in traditional Labor Relations.
- Industry & geographic focus. In addition, many firms are focusing on certain industries such as Health Care, Energy and Technology. Surprising as it may seem, some of the mid-size firms are also expanding geographically by opening offices in other cities.
- Client relationships. They are devoting time, usually non-billable, to strengthening them. One of the principal strategies is by initiating or accelerating Client Audit programs, even outsourcing them to qualified consultants. As a result, they are identifying their clients’ problems and concerns and, in many cases, also finding new opportunities to serve these clients.
- Marketing. They are increasing, not decreasing, productive marketing activities such as electronic bulletins and client alerts to keep clients, as well as target prospects, promptly updated on important legal and business developments that may affect them.
- Business Development. Their lawyers aren’t sitting in their offices waiting for new business. They are out in the marketplace meeting with clients, referral sources and prospective clients.
- Pricing. They are not indulging in the annual habit of raising hourly rates – but neither are they cutting rates (a foolish step). What they are doing is finding ways to reduce the cost of their services by offering alternative fee arrangements including, where appropriate, fixed fees.
- Commodity work. Some firms are phasing out commodity practice areas where price is the only factor.
- Fee advantage. Having recognized that large corporations are vigorously trying to reduce their legal expenses, mid-size and smaller firms are seeking – and obtaining – work from these corporations by emphasizing that their cost structure, and therefore their fees, are lower than those of the large firms.
- Retreats. They are holding retreats and firm meetings to communicate their strategic plans to everyone in the firm and to report on the implementation of their new, as well as continuing, initiatives.
- Layoffs. Some of these firms have committed to avoiding layoffs by retraining and re-assigning lawyers and even staff from slow practice areas to areas where work and client demand is strong.
- Evaluating partners. At the same time, however, they are taking a closer look at partners who have been consistently under-performing and either removing them or changing them to non-equity partners.
- Training & development. While some firms are cutting their training budgets, these firms are maintaining and even increasing theirs. In addition to improving the legal, management and client development skills of their younger lawyers, they are finding this also is giving them an advantage in recruiting.
- Recruiting. They are strengthening key practice areas, and even developing new ones, by successfully recruiting skilled lateral entry partners and associates who have been laid off by other, usually larger, firms.
- Cash Flow. Most of these firms have recognized that “cash is king” in a slow economy. Therefore, they are reducing their work-in-process by practicing the advice of one Managing Partner who said, “Bill promptly while the glow of appreciation still shines in the client’s eyes.”
And, of course, they are diligently following up on accounts receivable, using an administrative person rather than the billing partner. In some cases they are giving this person latitude to set up payment schedules or even to settle for less than the total amount due.
- Firing clients. A growing number of firms are recognizing that many slow-paying clients are really costing the firm money and are not worth keeping. Therefore, they are advising these clients that they will no longer represent them.
- Morale. By being pro-active and by maintaining both a positive attitude and constant communication within the firm, these firms are also maintaining great morale among their lawyers and staff.
So, despite all the doom and gloom that is reflected in the legal press, there are many firms that have adopted Buffett’s perspective. For these firms, there is another statement that certainly applies:
“The reports of my death are greatly exaggerated.”
Mark Twain
Robert Denney Associates Inc. has been providing strategic management and marketing services to law firms throughout the United States and parts of Canada for over 30 years – including three previous recessions. Further discussions of some of these items, as well as of other timely issues, are posted on our web site, www.robertdenney.com.
ROBERT DENNEY Associates, Inc., 110 W. Lancaster Ave., Wayne, PA • 610-964-1938 • fax: 610-964-7956, email: bob@robertdenney.com • web site: www.robertdenney.com
This communique shows that there is a silver lining in all the bad economic news … and for the firms willing to chart a new strategic path, this silver lining could be gold…