Fishman Marketing

Big Laughs & Big Ideas. ChatGPT & AI at the NACTT Conference

Ross Fishman — Fri, 11 Jul 2025 03:58:38 +0000

NACTT President Lon Jenkins said my presentation “reminded him of John Mulaney!” High praise indeed – I LOVE John Mulaney. So, check out this quick 30-second clip. It’s mostly the 600 Chapter 13 bankruptcy trustees, debtor and creditor lawyers, and legal professionals enjoying the jokes:

VIDEO LINK: youtu.be/y2t48AXiuUQ

Big shout-out to the amazing NACTT crowd for being such a fantastic audience!

I had the privilege of keynoting the 60th annual conference on “ChatGPT, Artificial Intelligence, and The Future of Law.” We talked about how generative AI tools like ChatGPT can help bankruptcy professionals work more efficiently. For example, drafting letters and instructions, summarizing documents, creating clear debtor guides, and handling repetitive questions. It can even help draft LinkedIn profiles for trustees that give nervous debtors some comfort that they are skilled, experienced, and fair.

If you’re being asked (told?) to do more with less, AI can help pick up the slack.

Of course, we also covered the real risks and ethical considerations: confidentiality, data security, accuracy, and the importance of human supervision. These professionals care deeply about fairness and integrity, and we had great discussions about using these tools responsibly.

Beyond the jokes, the big takeaway was clear: AI and new technologies aren’t just coming — they’re already here. The most forward-thinking firms and organizations are asking, How can we use this to serve people better?

Thanks, NACTT!

Thanks again to everyone at NACTT for being such a warm, engaged, and thoughtful audience. And to Lon, Regina Logsdon, Chapter 13 Trustee Melissa Davey, and the entire NACTT leadership team for the kind invitation.

Need an entertaining speaker?

If your group or organization is looking for a lively, engaging, and occasionally funny speaker on marketing, AI, or the future of law — let’s talk. Let’s get your team ready for what’s next and share a few laughs along the way.

Watch my law firm speaker demo video for more information.

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Interested in booking Ross Fishman for your retreat, marketing training, or Ethics CLE program? See rossfishman.com.

Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post Big Laughs & Big Ideas. ChatGPT & AI at the NACTT Conference first appeared on Fishman Marketing.

ChatGPT, Generative Artificial Intelligence Stole My Blog!

Ross Fishman — Wed, 19 Feb 2025 20:58:54 +0000

**“The same odds as winning the lottery twice while being struck by lightning and bitten by a shark.”**

It was the craziest thing. I was doing a bit of quick research on best practices for writing congratulatory ads — those straightforward, sometimes creative messages that law firms and businesses post whena client or colleague receives an award. I did a quick Google search, clicked on a promising article, and immediately had the sinking feeling of déjà vu.

I HAD WRITTEN THIS ARTICLE.

Not this exact one, of course. But in 2013, I had penned a snarky yet educational blog post analyzing a dozen congratulatory ads from a business magazine notorious for its pay-to-play honors. My piece critiqued the ads, highlighting which ones were creative and which ones looked like they were designed in PowerPoint by an intern. I rated each ad on a 1-to-10 scale and explained my reasoning in detail.

Fast forward to 2025, and here was a nearly identical blog post, right down to the structure, tone, and scoring system. Even weirder? It reviewed a 2013 issue of the magazine — despite the fact that the magazine had run a new version of this feature every year since. Coincidence? Not likely.

AI CONFIRMS: 40% COPY-PASTE JOB

I decided to run an experiment. I copied both articles — mine from 2013 and this “new” one from 2025 — and fed them into ChatGPT, asking it to compare the documents for similar language. The result? Entire paragraphs were copied verbatim. ChatGPT estimated that 40% of the new article was lifted directly from mine, with only minor superficial edits.

Just for fun, I asked ChatGPT: What are the odds this is a coincidence? The response was as blunt as it was amusing:

“Zero. The chance of this being a coincidence would be like winning the lottery twice while being struck by lightning and simultaneously bitten by a shark.”

HOW DID THIS HAPPEN?

I promptly emailed a Takedown Order to the marketing firm that had published the article, demanding an explanation. The mortified owner admitted he’d outsourced his blog writing to a third-party company that used artificial intelligence to generate content.

Curious, I looked up that company online and booked a free sales consultation. A perky 20-something salesperson cheerfully assured me that all content was carefully reviewed by humans to ensure there was no plagiarism. When I pointed out that they had, in fact, blatantly stolen my article, she became flustered and promised that the CEO would call me immediately!

Yeah, that was six weeks ago. Still waiting on his call.

THE BIGGER PROBLEM: AI AND UNINTENTIONAL PLAGIARISM

So, what actually happened here? The marketer probably asked an AI tool like ChatGPT to “Draft a blog post on ‘how to craft a congratulatory ad.’” And AI, in its infinite wisdom, found my 2013 article in its training data or from scraped sources, stitched together pieces of it, and spat it back out as “new” content.

The problem? There’s no easy way for AI users to track where content originates. AI doesn’t cite sources or provide footnotes — it simply generates text based on patterns. And that makes it incredibly risky for law firms and professionals who care about copyright and intellectual property.

Yet, I see this happening constantly in law firms across the country and around the world. I’ve trained thousands of lawyers, accountants, marketers, and other professionals in the use of ChatGPT and Generative AI (Gen AI), and oversight in this area is still inadequate.

Law firms, desperate for content and inexperienced in Gen AI, ask ChatGPT to write their articles. Some firms even outsource their content creation to marketing agencies that rely heavily on AI without realizing they’re potentially publishing plagiarized material.

HOW CAN LAW FIRMS AVOID THIS MISTAKE?

Law firms instituting AI policies need to be aware of these risks. The temptation to use AI-generated content is huge—you can produce exponentially more blog posts, website pages, and social media updates with minimal effort. But there are ways to protect yourself:

Always check AI-generated content for plagiarism before publishing. Use a plagiarism checker or ask ChatGPT for its sources — but don’t rely on AI alone. In my experience, this isn’t foolproof. When I tested it with the stolen article, none identified my original as the source.
Require a human editor to verify and fact-check all AI-generated content.
Ensure your content is original by adding unique insights, client experiences, and legal perspectives that AI can’t fabricate.
Train your team to recognize AI hallucinations, errors, and potential copyright issues.
Consider using AI as a research, brainstorming, or editing tool — but not as an unchecked content generator. Start with your own material.

Generative AI tools are powerful, but they are not infallible. And in some cases, they may be stealing content — without the user even realizing it.

For a law firm, the ethical and legal consequences and embarrassment of getting caught plagiarizing someone else’s work (or violating copyright law) is pretty bad. It’s a risk not worth taking.

THE FINAL WORD

If 2.7 billion blog posts are published annually, what are the odds that you’ll stumble across someone plagiarizing your own material? (Apparently, in my case, about 100%.)

So, let this be a cautionary tale. AI is an incredible tool — but like any tool, it must be used responsibly. And when it comes to law firms, marketing, and professional content, the last thing you want is to find yourself unintentionally stealing your educational material from another expert. Your intellectual property lawyers and insurance carrier will thank you.

As for the content-generation firm that stole my original work? The CEO hasn’t responded. What do you think? Should I publicly out them? After all, the company’s entire business model seemingly depends on using AI to steal from actual human experts. Maybe it’s time to remind people that the original minds behind great content still matter.

Leave me your thoughts in the Comments.

If you’re looking for a firm retreat or training speaker on ChatGPT or Generative Artificial Intelligence? CALL ME ASAP at +1.847.921.7677! Watch my law firm speaker demo video for more information.

All graphics are (c) 2013 the respective companies.

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Interested in booking Ross Fishman for your retreat, marketing training, or Ethics CLE program? See rossfishman.com. Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post ChatGPT, Generative Artificial Intelligence Stole My Blog! first appeared on Fishman Marketing.

The 10 Hottest Law Firm Retreat and Training Topics for 2025

Ross Fishman — Wed, 20 Nov 2024 19:47:54 +0000

Today’s 10 Most Important Law Firm Retreat and Marketing Training Topics

Firm retreats are cyclical. When times are good and money’s flowing, firms spend heavily to get together, renew relationships, and refresh their culture with educational and social events.

COVID forced the cancelation of nearly all firm, associate, and partner retreats. Lawyers temporarily fell behind in their marketing education, but in-person programming returned strongly in 2024.

This is critical, because as we know, meaningful relationships are formed in person, not by Zoom. Most of the most popular topics 20 years ago remain hot today, with some modern additions.

Today’s Hottest Topic is…

ChatGPT, Artificial Intelligence, and the Future of Law.

Obviously. AI is completely revolutionizing the practice of law and its pace is accelerating far faster than even the experts could have imagined. If you’re not actively and regularly training your lawyers to understand and use AI, you’re already falling behind the competition.

AI is the most disruptive technology we will experience in our lifetimes.

Its impact will be greater than the Internet, computers, and the calculator combined. I’ve presented on this topic a dozen times in 2024 to thousands of lawyers and accountants from 100 countries, and have seen how many older professionals are reluctant to learn to use it.

Literally dozens of lawyers, accountants, auditors, and consultants in their late 50s and 60s have confided that they’re hoping to ride into retirement without having to adapt. Those are your senior partners.

We have to impress on our lawyers that it’s URGENT.

The asteroid has hit. You can’t ignore it — the only question is whether you’ll be a dinosaur or a mammal.

In my direct observation, most of their heel-dragging is due to a simple lack of understanding of (1) how powerful it can be, and (2) how easy it is to learn. Older lawyers remember how painful it was to learn complicated new technologies. But AI is different, it does not require a 300-page manual – I teach them the basics in a few minutes. That’s jaw-dropping.

If you do nothing else in early 2025, help them learn to use generative artificial intelligence. They’ll thank you.

Let’s now move to today’s hottest Marketing-related topics.

The Top Ten Marketing and Business Development Topics for 2025

Based on conversations with over 100 marketers and administrators seeking speakers for their firm retreats, here is my list of the Top Ten Most-Popular Marketing Topics:

Focused Marketing (Finding a specialty niche or industry to dominate, the most important marketing-related topic)
Networking Tips (Practical ways to motivate good behavior and reduce social anxiety)
LinkedIn for Lawyers (Drafting a powerful profile and using LinkedIn effectively)
Social Media and Online Marketing (Telling your story online, e.g. LinkedIn, Google, Avvo, Twitter/X…)
Client Service Strategies (Learning how to improve a firm’s service and client-retention efforts yields enormous profits)
Personal Branding (Standing out in a crowded marketplace)
Developing an Individual Marketing Plan (Setting long- and short-term goals)
Business-Development Techniques (How rainmakers turn contacts into prospects then clients)
Client Roundtables (Hearing the clients’ voices, aggressively moderated to avoid generic platitudes)
Associate Acquisition and Retention (How to attract and keep the best talent)
Substance Abuse and Mental Health for Lawyers (Increasing awareness and showing lawyers how to get help for themselves and others)

If you’re looking for a firm retreat or training speaker, CALL ME ASAP at +1.847.921.7677!

Watch my law firm speaker demo video for more information.

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Interested in booking Ross Fishman for your retreat, marketing training, or Ethics CLE program? See rossfishman.com.

Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post The 10 Hottest Law Firm Retreat and Training Topics for 2025 first appeared on Fishman Marketing.

Next Wednesday’s CLE Webinar: ChatGPT and AI for Lawyers

Ross Fishman — Fri, 01 Nov 2024 14:54:20 +0000

Lawyers — curious about ChatGPT but not sure where (or how) to begin?

Join me for a free, highly-rated CLE session on ChatGPT and Generative Artificial Intelligence in Law — a practical, hands-on guide that’s already earned 5-star reviews at a dozen conferences from Des Moines to Dubai!

When: Next Wednesday, November 5
Time: 12:00 PT | 3:00 ET
Hosted by First Legal

– Last Call!

Time’s almost up for registration, and if you’re a lawyer or marketer, you won’t want to miss this! This CLE-approved webinar is packed with practical insights for immediate use. AI’s evolving fast, and the legal profession is already actively using these tools.

Here’s why this session is essential for you and your team:

Agenda Overview:

The presentation will break down what AI tools like ChatGPT and Microsoft Copilot really mean for law and how you can use them right away to make your work easier, faster, and more effective.

In under an hour, you’ll gain hands-on knowledge of prompt engineering and learn tips for maximizing AI’s benefits across areas like legal research, drafting, and even client communications.

What is Generative AI?
Generative AI goes beyond traditional AI by creating new content, whether text, images, or data. In our session, we’ll focus on Large Language Models (LLMs) like ChatGPT, which are designed to mimic human language and handle tasks ranging from simple drafting to complex legal arguments.

You’ll get a concise intro to AI categories, from general Machine Learning (ML) to the specialized realm of Generative AI, where models learn from data to produce new, contextually relevant outputs.
Using ChatGPT as a Legal Professional:
This section covers real-world applications that legal professionals find most useful, from document review to due diligence. You’ll see how ChatGPT can assist with:
- Drafting contracts, intake forms, and client letters.
- Translating legal documents for international clients.
- Conducting due diligence in M&A, summarizing large volumes of documents, and identifying key terms and risks.
- Research and brief writing, even helping draft initial arguments and organize case law.
Prompt Engineering Essentials:
The key to getting the most out of AI is mastering how to ask the questions that elicit the best results, called “prompt engineering.” We’ll delve into crafting prompts that include context, task clarity, and output format—like instructing ChatGPT to draft a contract outline in plain language or summarize a complex legal precedent. Effective prompting can transform ChatGPT from a basic tool into a sophisticated assistant that adapts to specific legal needs.
Ethics, Confidentiality, and ChatGPT:
ABA Rule 1.1 (Duty of Competence) demands that lawyers stay updated on technological developments, especially if they improve efficiency and client service. But AI use also raises confidentiality concerns, covered by ABA Rule 1.6. We’ll discuss the ethical landscape, potential risks, and how to responsibly use ChatGPT without compromising sensitive data.
ChatGPT in Marketing and Content Creation:
For those in your marketing team, ChatGPT can streamline content creation for blogs, social media, and alerts. We’ll touch on the efficiencies AI offers, like drafting targeted content quickly and crafting bios, newsletters, and educational articles — all without sounding robotic.
What AI Means for Law Firms: Winners and Losers:
AI is here to stay, but it’s also changing the game. We’ll consider who benefits most from AI — whether large firms with high rates or smaller generalist firms — and discuss the implications for hourly billing rates and client expectations. With AI making many tasks more efficient, rates may shift, and the legal profession will need to adapt.
Beyond ChatGPT – The Future of AI in Law:
As we close, we’ll look at the evolving landscape: how AI might eventually handle predictive analysis in cases, provide insights on settlement ranges, or even assist in complex litigation preparation. AI isn’t a replacement for lawyers, but it will likely supplement — and sometimes outperform — certain traditional tasks. Understanding these shifts early on will keep you ahead of the curve.

Invite your firm’s Marketing and Professional Development teams, too, as the discussion on prompt engineering and content creation will be invaluable for their roles. This CLE provides a blend of technical training, ethical guidelines, and forward-looking insights tailored for legal professionals.

Join us next Wednesday! It’s an exciting opportunity to explore how AI can become an integral part of your practice. Let me know if you have questions before the webinar.

Secure your spot today! Hope to see you there!

Ross

Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post Next Wednesday’s CLE Webinar: ChatGPT and AI for Lawyers first appeared on Fishman Marketing.

“We’re Smart. We’re Old. And We’re the Best at Everything.”

Ross Fishman — Tue, 09 Jul 2024 14:29:36 +0000

Does it drive you crazy that big-firm lawyers can charge 30-50% more per hour than you?

You know you’re just as skilled, but the marketplace doesn’t, so you charge $100 or $250 less for every single hour.

Hour after hour.

Day after day.

Month after month.

Calculate how much more revenue that totals every single year. Go ahead, I’ll wait….

Is that frustrating?
Actually, that’s branding.
And that’s what this book is about.

Do you look like “Before?” Don’t you want to look like “After?”

Aspire to more.

I want you to aspire to more. To look different. To be different. I want you to create an individual or firm brand that helps you get so much more out of your career.

Represent better clients. Charge more money. Have more fun.

Build a rewarding, fulfilling career as a market leader.

I want you to figure out how to offer something more, and then tell that story persuasively to your potential buyers. This book shows precisely how, step by step, with hundreds of examples and case studies. [Click here to see ten quick and powerful before-and-after examples of law firm brand overhauls.]

**A strong firm brand takes you from this to THAT:**

Click the link below to download the 200-page full-color book:

CLICK HERE: Download “We’re Smart. We’re Old.” book

Marketing isn’t easy, and branding is harder still. But its inherent difficulty is what makes it so powerful; it ensures that only the savviest firms can wield this strategic weapon.

When training lawyers in marketing, I’ve found that they learn best when I:

Provide a new idea they might not have previously considered,
Explain the underlying theory, then
Show a bunch of actual examples.

So that’s how we structured this book, in two sections:

PART ONE starts by explaining the basic concepts of marketing, branding, and differentiation; identifies a variety of common issues or challenges; provides some background; and uses real-life examples from leading law firms to show how we solved those problems.

PART TWO details dozens of common marketing and branding challenges and how we addressed them for specific firms, hopefully providing some guidance for firms that find themselves facing a similar situation.

And we always show lots of cool pictures.

Learn how your “Before” firm can become an “After”:

Good luck, I hope you enjoy the book! Download it below:

CLICK HERE: Download “We’re Smart. We’re Old.” book

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Looking for some strategic marketing assistance? [Click here to see ten powerful law firm rebrands.] Contact Ross at ross@fishmanmarketing.com, or 1.847.921.7677!

The post “We’re Smart. We’re Old. And We’re the Best at Everything.” first appeared on Fishman Marketing.

Ross named a Lawdragon “100 Global Leader in Legal Strategy”

Ross Fishman — Mon, 06 May 2024 14:27:51 +0000

The whole Fishman Marketing team is delighted to announce that Ross Fishman was selected as one of just three “Strategic Legal Consulting” professionals in the “2024 Lawdragon 100 Global Leaders in Legal Strategy & Consulting” guide.

As Katrina Dewey writes:

“This is our 10th edition of this guide, whose members have had a dizzying ascent in the past decade as the law transformed utterly and permanently into a global business. This year’s guide salutes the recruiters who build and transform billion-dollar law firms, opening offices in treasured cities helmed by the most coveted talented.

Hats off, as well, to the crisis communicators, marketing, PR, and list gurus who conjure narratives and brands from mere mortals.

At their side are the world’s best management consultants and diversity dynamos, who challenge law firm leaders to not just build bigger, but also better.”

We love the quality of the Lawdragon writers. Few editors would anoint the marketers as “gurus who conjure narratives and brands from mere mortals.” Ross is definitely adding that line to his bio.

A hearty congratulations to the amazing Deborah Brightman Farone and Jonathan Fitzgarrald for their well-deserved recognition in the same category. Your contributions to the legal industry are inspiring.

A big thanks to Lawdragon for honoring Ross with this recognition and for showcasing the diverse talent and expertise within the legal community. The guide is “50% female and 18% inclusive.”

Looking for some strategic marketing assistance? Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post Ross named a Lawdragon “100 Global Leader in Legal Strategy” first appeared on Fishman Marketing.

Keynote: ChatGPT4, Generative AI, & The Scary Future of Law

Ross Fishman — Mon, 25 Mar 2024 16:24:35 +0000

ChatGPT4 and Generative AI are today’s hottest firm retreat topics.

I’ve been presenting on generative artificial intelligence (AI) for almost a decade now, predicting its powerful effect on the legal, accounting, and medical professions. But ChatGPT4 has become a total game-changer. It took our previous understanding of big data and machine learning and turned it on its head. Even the leading AI experts were shocked by how quickly ChatGPT advanced the state of the art.

ChatGPT4 will be more disruptive than the PC!

I think ChatGPT4 will prove to be more disruptive to law, business, and the professions than the introduction of the personal computer and the Internet. And a year ago, I couldn’t imagine that anything possibly could be. It’s simply miraculous.

I’ve been presenting a LOT of ChatGPT programs at law firm retreats lately.

**Imagine you’re a lawyer at a firm retreat, and I did THIS:**

Waiting in the lobby for my turn to present, I conducted a simple Google search and found and downloaded a random PDF of a Complaint from a lawsuit pending in Alaska state court. It was a complex business dispute with many different counts and 50 numbered paragraphs of information and allegations.

When I got up to speak, live on screen, in front of the lawyers, with a few keystrokes I copied the entire Complaint, and pasted it into ChatGPT. Then, with a deft Prompt, while they watched. . .

I drafted a credible Motion to Dismiss… in 20 seconds.

It detailed NINE separate defenses and provided detailed citations to (presumably) relevant state court cases for every point and proposition, including references to the local rules.

The Motion looked beautiful.

It sounded exactly like a skilled litigator drafted it; I’d challenge you to tell the difference with a quick reading. The lawyers would have spent perhaps a week or more drafting an equally thorough motion. And. . .

They’d have charged tens of thousands of dollars for it.

The motion probably wasn’t perfect, but it was unquestionably darn good, certainly better than a first draft. It looked like it might need some tweaking around the margins, but certainly not an overhaul.

It cited (seemingly) relevant state law cases for each proposition using standard Blue Book structure. It was even formatted correctly and attractively, including the case caption and signature line. It looked ready to file with a court.

The lawyers’ jaws dropped.

It led to a fascinating debate. I asked how many defenses they’d have come up with themselves. Nine, like ChatGPT, or even more?

Or fewer?

That is, they had to consider: Was ChatGPT more creative than they were?

Next, we discussed how they’d bill a client for ChatGPT’s motion.

Can firms still justify spending five days writing a detailed motion if ChatGPT could create a credible first draft in just a few minutes? It might only take a moderately skilled associate a single day to validate the existence and accuracy of the cases and propositions cited, plus a bit of minor tweaking to finish it.

What happens to those four days of lost billable hours?

Should the firm start offering flat fees for certain documents? Would they need to tell the client that they used AI to draft it in a fraction of the time? (Obviously, the firm can’t bill the client for 40 hours of work if they only spent 10 hours drafting it using AI. That’d probably be felonious mail fraud, a serious RICO violation, and a quick disbarment.)

Do they have an obligation to start using it?

If not now, then when? If you had a firmwide policy prohibiting your associates from using ChatGPT, don’t you suspect that some of them probably still might? (Of course they will! They just won’t tell you…) And how many of those would prop up their hours by claiming they worked the full 40 hours? The pressure to keep up your billables can be pretty intense.

On the other side, how soon will insurance companies start insisting that firms use ChatGPT for the first draft? We predicted how the conversations would go with their insurance company clients. Insurers love slashing legal fees, and they’re starting to develop their own proprietary AI systems using OpenAI’s platform. It’s only a matter of time before they order their law firms to use them, that seems obvious.

If you’re interested, the entire presentation should qualify for Ethics CLE credit. It includes additional topics like:

Data Overload
Biases in Ourselves and Our Systems
The Law and AI
Using AI to Draft Legal Documents
Using ChatGPT to Create Marketing Materials
Billing Changes and Challenges
ChatGPT4 Tips and Tricks
Drafting an Effective Prompt
Ethics Issues
Predictions for the Future

Things are changing fast; we all need to work to stay current. Please let me know if you’d like a presentation on “ChatGPT, Generative Artificial Intelligence, and The Future of Law” for your own firm! Watch my speaker demo video here. Interested in booking Ross Fishman for a retreat, marketing training, or Ethics CLE program? See rossfishman.com.

Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post Keynote: ChatGPT4, Generative AI, & The Scary Future of Law first appeared on Fishman Marketing.

The 10 Marketing Classes Law Firm Associates Need in 2024

Ross Fishman — Mon, 15 Jan 2024 17:43:49 +0000

A 10-Part, One-Year Marketing-Training Curriculum

I get asked regularly by marketers what I think associates need to learn about marketing. So here’s a simple list of 10 associate marketing and business development programs that provide lawyers with a comprehensive education designed to improve their skills and set them on a clear path to becoming rainmakers down the road.

Studies show that young lawyers value quality professional development training, that is, training programs can reduce costly turnover.

So, what are the ten most important marketing-training presentations for law firm associates?

I always suggest starting with a (1) Niche/Industry Marketing program, which helps them find a specialty area that they can work to dominate over time. It’s basically strategy and personal branding.

Seeking to become the market leader in a small and specialized industry or practice area is a significantly more efficient and effective approach than marketing a general category like “commercial litigation,” “M&A,” or “real estate.”

Generic areas bury them in the middle of the pack as just one more smart but non-differentiated lawyer. (I wouldn’t want to be known as a generalist when the next recession hits―they’re too easy to fire now and replace later when business picks back up.) I’d want to offer some sort of specialized skill or industry expertise that would be hard for the firm to replace.

Developing a Marketing Plan

Once they have a narrow focus that helps them stand out, I’d suggest (2) Developing an Individual Marketing Plan, that directly supports that effort and identifies the group or organization they can get active in. This also determines the specific steps they need to take to help them attain market leadership.

Then provide training on (3) Networking and Working a Room, to teach them what to do when they’re in a room full of targets and at conferences. This includes specific, tangible tips like where to put their name tag, how to give out business cards (yes, cards are still relevant), what questions to ask, and how to get into and out of a conversation with a new contact.

It should also emphasize listening skills―beginner rainmakers tend to do too much of the talking. Let’s help them focus on learning about the prospects more than talking about themselves and their law firm. This would also include how to network online, where much of the activity has moved in recent years.

Then (4) Telling Your Story Online: Ten Tips to Improving your Google Results, which shows how to use social media to spread their name and build their online reputation as a credible professional.

If they’re out there networking, prospects will search for them online. We can influence what these prospects see and learn about your lawyers at a particularly critical time. Let’s make sure they’re leveraging the power of Google and the full range of internet platforms (LinkedIn, Twitter, YouTube, Instagram, etc.) to tell a robust, comprehensive, and positive story about them.

LinkedIn and Social Media

Next, (5) LinkedIn for Lawyers teaches them how to write a compelling LinkedIn profile that tells their story persuasively to prospects who are looking for more information about them, using all the right search engine keywords. Most hot prospects will read a lawyer’s LinkedIn profile before deciding whether to call, so it should be a great one.

Think “storytelling“!

Business Development

Also useful is (6) Business-development training, to show step-by-step how rainmakers turn contacts into prospects and then clients. This should also reinforce the listening skills techniques learned in the previous Networking training. Skilled rainmakers know that selling comes from listening and asking good questions.

Further, all associates need to learn about (7) Client-Service Strategies, which shows the importance of service attributes like responsiveness, clear communication, timeliness, and accessibility, and how to keep the firm’s clients happy and interested in using the firm next time.

Many associates need to be taught the critical difference between technical skills and client service. We can help them step into the clients’ shoes and empathize with the stress they may feel in dealing with lawyers or legal matters.

Cross-selling

It’s also helpful to teach them about (8) Cross-selling, particularly how to use the phone calls and emails they’re regularly having with clients to find new business opportunities. This also covers how to turn the firm clients they’re working with into their own clients when that client quits and moves to another company.

Substance Abuse and Mental Health

I’d also include a program on (9) Substance abuse and mental health. Recent studies have shown that younger lawyers are struggling with anxiety, depression, and other issues.

Pre-COVID more than one-third of all associates were “problem drinkers.” Newer studies show that pandemic-related stress and loneliness may have as much as doubled these figures. Let’s get them some help.

Generative Artificial Intelligence

Finally, and I would argue the MOST important issue today: let’s help them stay current with ChatGPT, Copilot, Claude, and the other AI platforms with (10) Generative Artificial Intelligence, and the Ethics Rules.

Lawyers need to understand whether, when, and how to use ChatGPT. Should they use it? (Of course they should!) And if so, how? And when? How should they bill for it? Will they get penalized for billing fewer hours because of AI’s astonishing new efficiencies?

What are the top tips for prompt engineering? How should they deal with the critical confidentiality issues? What are the firm’s policies and ethics rules?

That’s a comprehensive marketing education.

I generally suggest offering the training either (1) in 2-3 half-day mini-retreats, or (2) roughly quarterly. Offering non-billable programs more than every 2-3 months can cause attendance to decline. I like to offer one or two individual hour-long programs per session, either during lunch or at 4:30.

If you want more ideas, read a list of our 25 Hottest Topics HERE:

Please contact me directly if you want to discuss marketing training generally, or possibly bringing me in to work with your lawyers. Watch my speaker demo video HERE.

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Interested in booking Ross Fishman for a retreat, marketing training, or Ethics CLE program? See rossfishman.com.

Contact Ross directly at ross@fishmanmarketing.com, or 1.847.921.7677!

The post The 10 Marketing Classes Law Firm Associates Need in 2024 first appeared on Fishman Marketing.

So, what’s the Litigation Counsel of America (LCA)?

Ross Fishman — Mon, 18 Sep 2023 16:30:26 +0000

Good question.

There’s been quite a bit of buzz about the LCA, an honorary association of 3,500 top trial lawyers. When they receive an invitation in the mail, some lawyers have asked their firms’ marketers what they know about LCA (litcounsel.org/) and whether it’s a legitimate honor. Over the years, many of these marketers have asked for my opinion, so I thought I’d simply post my thoughts publicly.

I know LCA very well. It’s legit.

That’s in contrast to many of today’s fake “honors” that are simply bogus money-grabs by scammy directories and companies who create faux awards simply to sell costly trophies, plaques, website badges, and “featured profiles” to ill-informed lawyers. Professional legal marketers actually began keeping a running list of the Spammy Awards to help keep track of them all.

These organizations can look superficially similar, making it difficult for inexperienced lawyers and marketers to tell which ones are worth participating in. I’ve written and spoken pretty extensively regarding my disdain for their frustrating waste of marketing dollars.

So, what exactly IS LCA? The Litigation Counsel of America is an honorary network of trial lawyers, founded by the same people who run the Construction Lawyers Society of America (CLSA), see constructionsociety.org. I personally believe that membership in the LCA should be considered a (1) legitimate honor, and (2) great networking opportunity for those who actively participate. I’ve nominated a number of my qualifying friends as LCA Fellows.

A Commitment to Diversity

One attribute I particularly like about LCA is its foundational commitment to diversity. The founder and General Counsel, Steve Henry, created LCA 25 years ago in response to his observation that talented women and minorities were proving unable to gain entrance into the then-existing honorary trial-lawyer societies.

LCA Competitors

LCA’s analogous competitors include the Federation of Defense and Corporate Counsel (FDCC) (which we also rebranded; I can personally verify its quality and vigorous vetting process), as well as the American Board of Trial Advocates (ABOTA), and National Trial Lawyers Association (NTLA), which I’ve heard good things about but don’t know personally.

Full disclosure – we’ve worked closely with LCA for 12+ years — we rebranded LCA and developed the website, and I’ve spoken at their last ~20 semiannual national conferences. We’ve represented many LCA Fellows’ firms over the years. That is, I know these guys very well.

The two questions to ask about honorary groups

Generally, there are two things to ask regarding whether to accept an invitation into an honorary organization:

First, does the association enhance your professional credibility, i.e. is membership considered a significant professional credential? For example, if you’ve been selected as a Fellow of the American College of Trial Lawyers, lawyers and sophisticated clients know that you’re vetted and pre-qualified. LCA is building a strong quality brand, to enhance its Fellows’ marketing.

Second, does it offer personal networking opportunities that can lead to referrals? Unlike the “honorary” groups that are pure directories (e.g. Super Lawyers, Best Lawyers, or Who’s Who), this type of organization encourages in-person attendance at their regular conferences — which are always at fabulous 5-star resorts.

The Conferences

I just presented a keynote at another fabulous conference at the beautiful Fairmont Banff Springs in Banff, Alberta (on “ChatGPT, Generative Artificial Intelligence, and the Future of Litigation”; watch it at https://youtu.be/YTjruZZvjH4). The attendees clearly had a terrific time (some photos are below), and there’s always an over-the-top black-tie gala event to introduce the new inductees.

LCA Leadership

I can attest to the quality and integrity of the people behind LCA. They’re some of the most white-glove customer-service-oriented people I know. They sincerely seek to make it a valuable resource for LCA’s Fellows. They go above and beyond.

In Conclusion

So, in short, if you or one of your lawyers are invited to become an LCA Fellow, I’d say give it a shot; attend a conference and get inducted. You’ll have a great time, learn a lot, and get a ton of CLE credit. I’ll probably be speaking on some hot marketing topic; please stop by and say hi!

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Improve Law Firm Recruiting with Strategy & GRAPHICS (2of2)

Ross Fishman — Wed, 31 May 2023 16:15:37 +0000

Using Marketing tools to aid Lateral Recruiting.

Last week in Part 1, we discussed how law firms can increase their lateral-hiring results by building their brand within the legal community. If you show your style, approach, or culture, or find a way to offer something more or look like a better alternative, the professionals who are seeking that thing will volunteer to work at your firm.

Here’s an example from last week’s post about Levenfeld Pearlstein:

This has the additional benefit of screening out those who may be skilled lawyers but aren’t a good fit for your firm. If your firm is a “round hole,” clearly expressing the type of person who fit your system will help avoid attracting ill-fitting “square pegs.” Those bad hires are short-timers, and making bad hires is costly, disruptive, and inefficient.

That is, you don’t just hire more people, you hire more of the right people. BTW, it works for law students too.

I think Sidley gets it.

At the height of the business boom, they announced that they were offering something more to their associates―an impressive-sounding leadership and executive-training program conducted through top universities (that counts toward their billable-hour requirement). According to “Above the Law”:

“[A]ssociates will have access to executive leadership programs at business schools such as Harvard, Columbia,… Which is in addition to internal executive leadership academies focused on business, client, and professional skills. As they move through the program, they’ll also be afforded the opportunity to work on ‘hands-on passion projects’.”

Why it works:

I can’t vouch for Sidley’s program, but it was brilliant from a marketing and recruiting perspective:

First, it helps brand Sidley among clients and prospects as a progressive firm whose lawyers have a greater understanding of real-world business than their competitors.

Next, it will proactively attract the type of lateral associates they want, i.e. those who would value having a practical business education.

And finally, it locks in the top Sidley associates who are participating in the program, increasing retention. (Oh, and presumably it’ll teach them valuable professional skills too, but that’s almost beside the point.)

Do something great. Then tell EVERYONE.

Sidley cranked up their public relations machine to persuade prominent publications to write about their new program, e.g. Above the Law, Reuters, Law.com, Law360, and other popular sites. That’s the type of initiative I’m talking about! There are so many innovative new recruiting ideas to explore―low-hanging fruit just waiting to be plucked off the tree. If only firms would execute.

Other law firms may start offering their own leadership programs, but Sidley will have earned first-mover advantage, an 8-12-month head start, and all of the publicity. (The media doesn’t waste many column inches proclaiming that more firms are offering the same program they detailed a year earlier. That’s not news.)

Kirkland gets it too.

Not long after Sidley’s announcement, Kirkland & Ellis made its own bold move toward associate recruiting and retention, shortening the firm’s partnership track by a year:

“‘A shorter partnership track may bolster Kirkland’s appeal to senior associates at other firms and may prompt senior associates and non-equity partners already at Kirkland to think twice before leaving,’ said Kate Reder Sheikh, managing director of the associate practice group at legal recruiter Major, Lindsey & Africa.”

“I think every firm right now should be thinking about ways to make themselves appealing,” Sheikh said. “The partnership track is one of those levers they can pull.” Exactly.

Orrick and Sheppard Mullin

Orrick and Sheppard Mullin give billable time to “unplug and recharge.”

According to Above the Law,

“The firm offered everyone (i.e., staff, associates, of counsel, career associates, and partners) the chance to truly ‘unplug’ by crediting up to 40 hours of bonus-eligible time for everyone to sit back, relax, and simply stop doing work. Many Biglaw firms talk a good game about mental health and wellness, but Orrick was the first firm (that we know of) to offer bonus-eligible hours dedicated to taking time off work. Now, almost one year later, [Sheppard Mullin] is following in Orrick’s footsteps.”

It’s a simple idea really, but one designed to help refresh some stressed-out, burned-out associates, many of whom could be seeking some light at the end of the tunnel before they stagger away to a competitor or out of the profession entirely.

The firms are not paying additional cash, they’re just giving the associates 40 hours of billable credit for the time they spend off duty. (It feels like they’ll make up the hours―the work will still get done, the hours will still get billed.)

But a one-week paid sabbatical in those extraordinary times might have kept some from leaving. That’s cheaper than paying a 30% headhunter fee on every $400,000 associate, and much less disruptive.

More good ideas, Quinn and Mintz

Other new ideas included Quinn Emanuel allowing their lawyers to work full-time from home. Mintz Levin, et al. updated its Compassionate Leave Policy “for losses including miscarriage, failed surrogacy, adoption, or fertility treatment.” Don’t you want to work at a firm that seems that caring? Nicely done, Mintz.

Headhunter fees are costly one-offs.

Building your brand lasts for YEARS.

Most importantly, building a persuasive brand that will linger for many years is an investment in the firm’s future. That requires an innovative strategy, followed by an effective use of marketing and branding tools to spread the word, e.g. print and online advertising, social media, professional announcements, direct mail, etc.

And in my experience, if done right, you’re also attracting the right lawyers―the ones who best fit your culture and are most likely to succeed within your system.

Law.com Update

Here’s a December, 2021 Law.com article discussing “the frantic war for talent” that mentions some of these same recruiting incentives, opening with the biggest incentive, CASH:

“The most ubiquitous strategy in Big Law was simply offering attorneys, especially associates, more money in order to entice them to stay or join their firm.”

Perhaps the scariest takeaway from the article was one recruiter’s comment that inadequate recruiting is costing big firms “tens of millions of dollars”:

“And the downside of not having enough talent is more costly. Suzanne Kane, a partner at Macrae, told Law.com reporter Jessie Yount in October that one partner estimated the loss of business due to not having enough attorneys to staff matters at 15% to 20% of the revenue the firm could have generated this year.

“’Firms that have lost associates are desperate. It’s affecting their year to the tune of tens of millions of dollars,’ Kane said.”

April 12, 2022 update:

Some firms went a step further, according to an article in the ABA Journal entitled, “Law firms increasingly offer the title of partner to lure lateral associates”:

“Law firms ‘needed bodies,’ said Adam Oliver, CEO and co-founder of Firm Prospects, in an interview with Law360. ‘The only way they could get people to jump ship was to offer partnership on day one.’”

May 19, 2022 update:

I saw this Quinn Emanuel advertisement in a national legal blog. The firm’s new “Work from Anywhere” policy had garnered significant publicity and once the media stopped writing about it, Quinn started pushing it out with paid ads to its target lawyer audience. Smart.

**So, it begs the question―with stakes this high, why aren’t more firms supporting their recruiting with better marketing?**

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Need to enhance your OWN Marketing and Recruiting? Call or text Ross NOW at 847.921. 7677!

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The post Improve Law Firm Recruiting with Strategy & GRAPHICS (2of2) first appeared on Fishman Marketing.