In reading the October/November issue of Law Practice, the publication of the Law Practice Management Section of the American Bar Association, I was suddenly struck with a bit of irony.
The answer: YES!
The Court said that lawyers have the right to advertise their services. Advertising, by the way, is one aspect of marketing … Despite this prohibition of restriction, State Bars across the country continue to say that marketing (the broader version of advertising) is excluded from MCLE legitimacy … credit for programs on marketing are denied.
Now, what is wrong with the principle of helping lawyers identify those who can best use their services and how then to help them develop close relationships with them?
This is not a question of perpetrating a fraud on prospects, it is a question of how to identify what prospects want and then determining whether you, the lawyer, are competent to handle the matter.
How incredibly sad that the Bar discriminates against the small firm lawyer in this process … how incredibly arrogant of the Bar to refuse to help its members where they need the help most, with clients!
Frankly, I think a lawsuit on constitutional grounds against the Bar would succeed, as did Bates v. O’Steen. But, lawyers seem able to address these issues in other ways, subverting the Bar’s prohibition anyway. I prefer, however, to be straight rather than devious.
But then, this is only my opinion.
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This evening, in Philadelphia, I had the pleasure of meeting Fran Musselman, former chair of the ABA’s Law Practice Management chair. The occasion was the presentation of the LPM Section’s highest honor, the Sam Smith Award.
During his comments, Fran talked about the basic principles that guided him during his long, illustrious career and as chairman of the major New York law firm, Milbank, Tweed law firm.
His principles were:
1. The client comes first
2. The client comes first
3. The client comes first
4. The client comes first
5. The client comes first
He added that the lawyer must be the conscience of the client. The client is not necessarily “right” at all costs; the lawyer cannot allow the client to do anything, if that “anything” is inappropriate.
6. The staff must be considered; they are extremely important to the success of the law firm and are too often under-appreciated.
7. Take care of your staff.
8. Take care of your staff.
9. Take care of your staff.
10. Take care of your partners
11. Last, take care of yourself.
These are the principles which guided him to success. They are words to live by.
Parenthetically, I just learned that the Bar Association of the State Bar of Washington has rejected MCLE credit for a program focusing on “Managing Client Expectations.” In their words, the intent of the program is to teach marketing skills to lawyers. This is astounding! … And pathetic! Helping lawyers to understand the needs of clients and managing clients’ expectatins such that the rules of professional conduct are honored is the highest calling! Helping lawyers focus on clients, and concurrently make more money, also helps the clients by protecting lawyers from becoming marginal and likely invade the clients’ trust account.
Fran also suggested that the computer should be used as a management tool and lamented that the computer is too oftehn misused with the result that collegiality among lawyers is destroyed.
Wise words! Despite Fran’s 80 years, he is still active in the New York bar and very wise in his commentaries.
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This e-mail testimonial was just sent to me:
1. Ask Ed what to do.
2. Do what Ed says.
3. ????
4. Profit!
Thanks (more…)
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A further thought on this subject:
There seems to be something amiss here. Are lawyers ahead or behind the business curve? Are we more or less ethical than taxi companies? (more…)
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According to a recent survey, 2/3 of customers who try to get service online give up and use the phone instead. That’s an interesting statistic (Inc. Magazine, October 2005) and what’s more interesting is that the phone’s voice mail isn’t much better. An earlier study concluded that 14 out of 15 automated voice-response systems (more…)
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Manufacturer Ben Serotta, founder of Serotta Competition Bicycles, had a problem: The sales staff at his 320 independent bike retailers failed to fit their customers properly; the result was that his hand-built frames didn’t satisfy his objective. He decided that the instruction manuals, brochures and occasional face-to-face sessions with the disparate sales staff just didn’t suffice. (more…)
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A recent study concludes that products that (more…)
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Just received notice from Mark Kuiack, the editor of the Canadian Bar Association’s CBA PracticeLink Web site.
Mark said, “I’m writing let you know that I chose your blog as our ‘Feed of the Week’ in our Marketing section … I often refer to your site … I wanted to point CBA members in the direction of the great resources on the LawBiz blog…
Thank you again for providing such a valuable service!”
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Take a look at today’s USA Today, Section B (Money). Their (more…)
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