Set in Style

I was reading this post about Martindale Hubble making strange comments on lawyers’ blogs, and what most caught my attention though was this:

When it comes to protecting your reputation, this is one simple rule for lawyers to follow: No one cares as much about your reputation as you do.

I read that and I thought, “hmmm . . . it’s the firm’s reputation that they don’t care about; that must be it!” Then I grabbed a cup of coffee and sat outside wondering how I’d been so wrong for so long.

You see, I’d been pitching editorial services to law firms, and — even though I knew better — I’d been acting as if they were like other businesses: organizations that are much more like teams than herds. (For instance, I figured the title Managing Shareholder was more descriptive than figurative.)

I figured that — since law firms care so much about their reputations — it wouldn’t be hard to  pitch editorial services at all. Given that law firms are publishers, and their attorneys are authors, I’d just call, introduce myself as a skilled and experienced editor and voilà: work, work, work!

I’d cruise the Web sites of great big law firms and I’d find endless amounts of work to do. I’d find lame copy like this:

The firm seeks candidates with excellent written and interpersonal skills, which will enable them to deal productively and confidently with clients, co-counsel and opposing counsel. In addition to choosing the finest talent available, the firm offers training, both in an academic setting, as well as on a day-to-day basis through mentoring.

and like this:

Internet and information technology has affected the daily lives of all of us. Whether a young start-up company with nothing but an idea or an established multinational powerhouse, each new innovation brings with it tremendous potential rewards, but also hides risks for the unwary.

Then, I’d call the firm’s marketing department and offer to find and remove all such blemishes (blemishes that could bring nothing but harm to the reputation of any firm that was broadcasting a sincere commitment to excellence).

I figured they’d jump at the chance to work with a skilled and experienced editor who had so much to offer. But, no . . . with few exceptions, they weren’t really interested at all. (Fortunately for me, a few were and still are.)

In fact, in a few cases, the firm’s CMO or marketing manager would get downright testy. Why, if you buy me a cup of coffee, I’ll take the time to tell you about the bizarre run-in I had with Kelly Pepper, Nossaman’s marketing manager.

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What happened was this: I came across this client alert published by Nossaman, and authored by one of its attorneys. I contacted the attorney, told him what sort of work I did, and suggested some ways I could help improve the firm’s alerts, both their appearance and their content.

As I recall, I mentioned to him that his alert had a small notice at the bottom of it which made it seem as if the firm wasn’t aware that the CAN-SPAM act had been passed years earlier. That certainly got his attention.

Well, after he expressed some surprise that anyone had actually read the alert, he said he’d pass my name and contact info on to the marketing department. What I was proposing was up to them, he told me.

Great!

But then I got a terse e-mail and an even terser phone call from Ms. Pepper — “Don’t you ever contact an attorney here ever again!”

Incredible! Absolutely incredible!

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One thing I’ve learned is that the marketing directors for some firms work in abject fear of their firm’s attorneys.

A recent reminder springs from another client alert written by an attorney who — I would presume — cares very much about his reputation. And if he really cares about his reputation, then he’s certainly concerned with how he appears in print, right?

Here’s the first line of the alert:

Recently the 7th Circuit in Sunstar, Inc. v. Alberto-Culver Company provided a reminder to attorneys engaging in a business transaction between domestic and a foreign parties.

Notice the grammatical error (and several others) in that line.

Certainly, an attorney who likes to look good before others would want that fixed lickety-split, especially since the alert is about poorly written agreements and the grief they can bring.

In fact, he’d want a bunch of things fixed in that article. Of course he would. What an easy sale this would be!

Well, I contacted the marketing director and she told me that if she brought this to the attorney’s attention and said it should be fixed, she’d probably get canned!

How does a law firm that claims a commitment to quality dare to threaten an employee who strives to achieve quality on behalf of the firm and its attorneys?

Incredible!

As fearless as I am, I called Scott Hervey, the attorney who authored the alert. For sure, he’d be interested in having me review his work. Certainly, he would want me to fix things like this:

Accordingly, the court turned to Japanese trademark law to determine whether the holder of a senyoshiyoken is permitted to use variants of the license the trademark.

and like this:

The court further explained that the longer the term of the license, the less plausible it is to assume that . . . the license was forbidden to make small changes to the licensed trademark.

Apparently not.

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I don’t get it. I know that serious law firms and their attorneys really care about their reputations, but why would an attorney NOT ask an editor to review an alert on the importance of good writing (especially if the alert contains too many examples of bad writing)?

Why . . . I find it . . . simply incredible!

I’ve written a number of posts (here, here, and here) about law firms republishing copyrighted materials without permission.

Are others republishing what you wrote without permission? Has someone lifted your copy (from a client alert, perhaps) and republished it without your consent?

To find out, try this: copy a line from something you wrote, wrap it in quotes, and then ask Google to search for it. If all Google can find is what you wrote, fine. If not, investigate.

If you’re an attorney, then I ask you to think about something you don’t often consider — how you appear in print.

Why? Because it’s important. How you appear in print affects your practice, your ability to attract clients, and what you can charge for the services you provide.

How so?

Let’s say you’re in Barnes & Noble and you’re looking through books about employment law. Your niece is about to become the HR manager of a firm with 100 employees, and you want to give her a good guide, one that she can refer to when it comes to hiring and firing employees, and so forth.

You take two books from the shelf and compare them. One is more substantial than the other, and has a much more inviting cover. You flip through the books, and you see that one has a much better design than the other.

If you’re like most, then — before you’ve read a single line from either book — you’re prejudiced in favor of the book that looks best.

It might not be the one you buy, but the better looking book has a competitive advantage over the other. Appearances count. And professional publishers know it.

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The same effect is at work when people read something you wrote. Before they read it, they already have some impression of it, and that’s a function of its appearance — be it a client alert, a practice area description, or the About Us section of your firm’s Web site.

Consider a client alert you author. Of course, your big concern is the content. How informative is it? How timely is the alert? How unique? How well written?

Sure, it’s up to someone else (most likely) to set the alert (to determine its appearance). But that should also be your concern.

Why?

Let’s say you’re a tall-building lawyer. Your clients are the GC of large businesses. In fact, that’s the very audience for your client alert, which — no matter its topic — is a promotional piece. Certainly, it’s meant to inform. But you know it as well as anyone else — you want it to help attract business. That’s why you spent the time writing it.

Now, there’s an army of law firm marketeers out there who will tell you that you need to make sure you use plenty of SEO terms in your alert, but — for someone in your position — that’s a bunch of nonsense. The sort of person who might retain you isn’t likely to find you by way of a client alert.

Potential clients are going to learn of you from former colleagues of yours, or satisfied clients, not a Google search that yields a client alert.

Before they call, they’ll get some background on you. They’ll read your bio at your firm’s Web site. They’ll look for articles you’ve authored and — you should know this as well as anyone — what they find will color their impressions of you.

Before they begin reading your most recent article — that client alert with your name on it — they’ll be forming impressions of you, and wondering whether you’re worth $800 per hour.

Simply because appearances count.

That’s why.

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Look. You wouldn’t meet a potential client without tending to your appearance first, right? And you wouldn’t put your name to a client alert that looks no better than junk mail, would you?

Let’s say you’re the managing partner of your firm’s IP practice group.

Here’s what you don’t need, especially if your firm claims to be technologically savvy:

1. Some unscrupulous marketeer pilfers some articles from your firm’s Web site.
2. He adds a bunch of SEO terms to them.
3. After that, he resells the articles to other law firms (as original works).
4. You don’t even notice what’s happening.

How can you make sure you’re protecting your firm’s IP rights*?

By searching for your content and seeing where it appears.

Note: If your firm really is technologically savvy, then your IT department has a formal and regular procedure for this.

Here’s how:

1. Copy a line from an article posted at your firm’s Web site.
2. Put it in quotes.
3. Ask a search engine to find it.

If all the search engine finds is the article at your firm’s Web site, good (though it’s not a guarantee that some unscrupulous marketeers aren’t pilfering your content).

If it finds the same exact content at other sites, see if your firm’s being quoted for some reason.

If it happens that another firm is republishing your content (and most especially if it’s added a copyright notice to it) without permission, you need to act.

That is . . . you need to act if you want others to believe that yours really is a responsible, competent, and technologically savvy law firm.

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* If you claim you can do this for others, and it’s a service of value you offer, then you’d best do this for your firm, right? Don’t actions speak much louder than marketing claims?