The Captain's Log

For Love and The Game

2010-04-02T22:24:00.003-04:00

If you subscribe to Sports Illustrated, go find the March 15, 2010 edition and flip to the "Point After" column inside the back cover. This issue's column was written by Chris Ballard, the generation X basketball writer. Chris describes his father's love for the game of basketball. His father, approaching 71 years of age, continues to play regularly. It's a nice story about how age and declining skills aren't enough to kill the love of the game.

I thought about this as I took time off this week and headed to the park for a midday picnic with my 11-year old daughter who is on school vacation. We played a little 1 on 1 soccer, then played 1 on 1 basketball. Later we played "horse" in the driveway, as well as a variation of the game that she invented, complete with running commentary from an imaginary announcer. We followed that by taking turns shooting and defending penalty shots in the soccer goal in our front yard. (For the record, she always wins any soccer-related game, even though I honestly try to beat her; and I always win basketball-related games, except when I ease off and let her win.) There's nothing like playing sports with your children, and doing so brings back fond memories of throwing a ball in the yard with my own father, who was not particularly athletic but loved to play catch.

Ballard writes of a recent game with his father, one in which the old guy was defended loosely by some young athletic stud, and the old guy contributed several shots in the game, and eventually the game winner. I know the feeling. At my local health club I've grown into the "old, pudgy white guy" who the young guns don't believe can play. My assignment is often unspoken but I've learned that the young guys expect me to "guard the other team's worst player, if you get the ball pass it right away before you turn it over, and when I drive into traffic after having ignored 2 or 3 open guys, I may pass you the ball from some wild angle in mid-air, and if you catch it you're supposed to make it, and if I throw it out of bounds you're supposed to take the blame for being out of position."

The Saturday morning health club run has disintegrated into the sort of ridiculous facsimile of the game played at the local park, where guys get more exercise barking at each other than they do actually playing basketball. Often I'll be assigned to guard a much more skilled player while a young stud guards a corresponding old guy on the other team. You'd think this would lead to mismatches for my teammate, but no, it means he can be lazy and stay on the defensive end if he doesn't get the ball on a fast break, leaving his defender free to double team. The young guys typically don't recognize a screen and roll, they tend to believe 2 for 10 shooting from 3-point range allows them to have the green light anytime they're open (even moreso when they're well-covered), and they will outright freeze out a guy open on the wing in lieu of crazy drives into traffic where if a crazy shot doesn't fall they'll always call a foul. In these games, one takes pleasure in small successes, like pulling down a rebound and leading a fast break, or making an open jumper, or defending an attack without fouling... because one certainly won't see the results in the stats line!

Other times, I have the luxury of being considered a quality player. On a recent trip to Las Vegas I had the opportunity to play with my friend Mike at his weekly run. I enjoyed several games where I made my open shots, converted my drives and hit the open cutter several times, surprising the locals with my, shall we say, unusual moves. Several months ago I joined a few pickup games at a health club in Palo Alto, and on the first play my guy took me back door and scored an easy layup, snickering all the way. At the other end I took a pass at the top of the key, drove left looking for a cutter and when no one came I finished with a finger roll as my young opponent stood embarrassed that he couldn't defend my slow first step! I also made the game winner on a left-handed reverse layup against the opposing team's tallest defender after a switch, when he clearly didn't expect me to either drive the baseline or shoot the ball. A couple weeks ago I played in high-altitude Denver and while I played okay, my return to NJ was particularly fun as I was unstoppable on my Sunday morning pickup game at the health club. Working out in high altitude helps with one's conditioning for a few days. And on my Monday night run, in a league I help run, we maintain a particular vibe that allows everyone the opportunity to be a hero or a goat, and with few exceptions no one will be called out for making a bad play. Good thing too, or I'd be taken to task quite a bit!

When my kids see me travel a lot but still make time to suit up and play basketball a few times a week, and when they see me return home in a cheerful mood even after a miserable run with young studs who not only play poorly but exhibit poor sportsmanship, I hope they get the message that being able to play sports into middle age -- and hopefully beyond -- is a gift that one should cherish. Whether I'm playing at the park or in the driveway with my kids, or stuck on a squad of studs who won't feed me the ball, I'd much rather be playing a game I love than to be sitting home on the couch. Because sooner or later, that game you live for happens, when your shots drop, your drives are solid, your defense is sound, and your teammates look to pass you the ball. These days that happens pretty infrequently, but once in a while is enough to keep this baller going.

Incarnation Hoops Update - 4 January 2010

2010-01-04T23:38:00.003-05:00

Welcome to the new year, everyone. The "aughts" are over and we're into the teens. For many of us, 2009 was a year to forget. Here's to a fresh start in 2010.

We had 18 players on hand for the weekly Incarnation run tonight, a run marked not so much by savvy cuts, sharp shooting and solid defense as by whining, aggressive play and uncharacteristic barking amongst friends. I could go on about the hows and whys, but suffice it to say that we're all culpable of acting like buffoons, and let's agree that it's now out of our system and we're moving on.

To the recap...

The best pass of the night may have been a lob pass on a break from Jesse Glover to newcomer Jim Kelly in the low, low post. Jim caught the pass and looked to pass it back out, but flipped in a reverse layup through a double team. Jesse had several passes like this during the session, with lookaways, fakes and misdirection baffling the defenders who aren't used to a true point guard's moves. Jesse also dropped some sweet outside shots when his defender overplayed the passing lanes. Big Jim joins us from PEAC where he dominates the paint with savvy post play, and tonight he showed us what he's got with a variety of clever drives in traffic. Kevin Drulis joined us after a few weeks away tending to his Notre Dame freshmen hoops team, and as usual had his way in the post despite clawing, biting, scratching and IEDs on every move. But he started the night with two 3-pointers over surprised defenders. Lawson McElroy contributed to the crowd in the paint with some aggressive moves to the left and the right, and also spent some time distributing the ball on the break.

There was a bevvy of ball handlers on hand tonight, making for some interesting switches on the perimeter. Rich McLaughlin didn't have a lot of room to get off his shot, but he was able to find his post players in the half-court sets. John Stracquatanio spent more time at the top of the key directing traffic and less time making his usual left-side drives, but his rainbow jumper was on display all night, particularly when trailing fast breaks led by lesser-skilled players looking for a bailout when encountering a triple team at the rim. Aaron Burnett handled the rock for his squad all night and came out of his shell to drop in numerous outside shots and make some clever passes into the paint for easy assists. He's got a sweet combination of outside shooting, finesse drives and an unselfish streak... when he comes to play. Today he was all in.

John DeVaney had several uncharacteristic misses from 3-point land, some wide open. His hook shots in the post were also off the mark, indicating that perhaps playing four days in a row has an impact on his legs! Pete Reynolds used his blazing speed to work the break and the passing lanes, so on both ends of the court he was a force to be reckoned with. Bill Riordan brought his own blasing speed, stealing something like 9 or 10 passes as idiotic opponents (ahem, primarily this reporter) failed to adjust to his speed and positioning time and again. Joe Yehl delivered his usual clever passes into the post as he unfailingly finds the cutter who just hit him on the wing. When guarded closely he used his pump fake and baseline drive to get to the rim.

Caitlin Grant continued her aggressive play, making several outside shots and some drives in traffic. She missed a wide-open layup in transition from the right side, but hopefully she shook it off and will remain aggressive, because with her shooting ability and court awareness she's an asset you can't ignore. Brian DeVaney joined us for about half the night and did his thang, putting in outside shots and drives when the spirit moved him. Rumor has it he pulled a 14-hour day today at work so we cut him a break when he doesn't dominate as he usually does. Mike Seipp put in quite a work day on the court, running the floor and using his strong, strong moves in the paint to get his shots off. He had a few misses from close in which drove him crazy -- reminiscing of the days when he was unstoppable on the drive -- but he compensates with a deadly midrange jumper when he shoots rather than dishes.

Lou Perrochino had his usual touches tonight, though the crowded lane posed some challenges for his dribble drives into the post. A few of his hard bank shots caromed off in the wrong direction as he was pushed out of his comfort zone. Hank Van Slooten also had some trouble getting his shots off in the early going, but as the night wore on he got some touches and scored with the hook shot and short-range jumper. Chris Zelechowski joined us again after an excellent outing at the recent HAngover Run, and as he gets his sea legs back he had some nice passes and some nice cuts, on one occasion he was robbed as his shot spun out.

As for this reporter, I came in feeling good but left disgruntled. I don't mind physical play but unequal calls at different ends of the court left a bad taste. I had my share of being abused by smarter, faster players, and while I had a handful of open jumpers and finishes and assist on the fast breaks, I had more turnovers on both the breaks and in the half court sets to more than override my offensive contribution. After playing 3 of the past 4 days, I'm looking forward to a rest as I'll be traveling for the next couple weeks and won't get many chances to play. But stay tuned for a recap of my upcoming London run where we play on our court where the walls along the baseline are in play, like wallyball with a basket!

I'll be away next week, but we're on at 7 PM as usual. If you haven't given your Spring donation of $20, please bring it next week and deliver to John D.

Incarnation Hoops Update - 29 December 2009

2009-12-29T13:17:00.003-05:00

Thirteen players showed up last night to work off the holiday egg nog and chip dip. This reporter arrived home in NJ at 6:25 PM after a 6 hour drive, leaving a scant 35 minutes to unpack the car, grab the gear and get to the gym. Priorities, people!

The match ups changed all evening, but most games were relatively close. Well, they were when Brian DeVaney decided to slow down to our pace! Brian had his way from inside and out, drifting further away as the night wore on to try to keep things competitive. One game winner was launched from 3 miles away in the parking lot of a dry cleaners. But Brian rarely takes a break on defense, which made the impressive drives by sister Erin Reynolds and Lawson McElroy even sweeter. Erin drives on anyone, almost always going left and banking in floaters from high off the glass. But in close her up and under moves are deadly, and she juked Brian for an easy score on one notable possession. She also played good defense on speedy Pete Reynolds. Lawson arrived a little late but rather than dive in without any warm up as we usually make him do, he had time to get some shots and loosen up. As a result, his inside spin moves were generally falling and he dropped in a couple from outside as well. Pete runs the floor well, and after some time away he seems to have regained his inside touch, converting every breakaway drive but one. He also took a few mid range shots to mix things up.

John Stracquatanio the elder handled the ball and delivered his usual number of assists, plus a few rainbow shots from outside and a handful of drives. He seemed to especially enjoy driving on his son John the younger when they were matched up. John Stracquatanio the younger played well, delivering one nifty alley-oop pass to Brian at the rim while on a fast break, making another touch pass to this reporter from the left block for an easy assist, and making some other outside shots. The 3rd John, John DeVaney, used his cunning to turn up on the floor on every defensive rebound and converted several fast break points as his defenders slacked off. He also drained his usual complement of hook shots and 3-pointers. One of his breaks was started with a full-court pass from son Brian, which Caitlin Grant touch passed to John for an easy finish. Caitlin has gotten more aggressive in recent weeks, showing the old guys what she's got as she drives, shoots and dishes rather than defers. She was blocked on one drive but otherwise put up impressive numbers.

Lou Perrochino played well last night in the paint, putting in his usual complement of bank shots off the glass after his stutter-step move to his left. When we play run and gun as we did much of the evening Lou's half court game is minimized, but luckily there were enough half court sets for him to get his shots. Hank Van Slooten, in his second week back after a lengthy absence, played both the half court game and ran the floor on offense and defense. Anyone not accustomed to Hank's game and who therefore assumes this elder statesman isn't a threat learns quickly to respect his post moves, particularly his passes from the paint, and his ability to hit a pull-up jumper in the lane after trotting up the floor trailing a fast break.

Tom McManimon played strong all night, and he's really turned his left-handed flip after a cut into the paint into a go-to move. On nights when we have good spacing Tom's good for a few savvy cuts for open looks, and on other nights he'll take turnaround jumpers from anywhere on the perimeter. He also plays solid defense, if by solid we mean immovable object! Mike Slom arrived plenty early, which apparently threw him off as his outside shot was not nearly as reliable as those nights when he dashes in late! He warmed up after a while, but called it an early night after tweaking something.

As for this reporter, I had little time to stretch but having played only once in the last week (shout out to nephew Jeremy Conte for inviting me to join him at the Pittsford Community Center over the holiday!) I wasn't as stiff as I usually am. Despite imbibing copious amounts of unhealthy food in recent days, I had the energy to run most of the night. My breakaway layups were about 50%, however, due to an uncharacteristic inability to spin the ball into the hoop. Anyone who played with me ten years ago knows I couldn't make a full-speed layup to save my life, so I've worked hard to add a little "English" to the ball from either the right or left side and my conversion rate is substantially higher, but last night I lost the touch and missed several that I usually make. However, I made enough to count, including an around-the-back-to-finger-roll shot between Brian and Pete that had no right going in, except that it's so unconventional it's hard to defend, and a few good assists, particularly to Caitlin and Erin who always drift to the right spot in transition. With the holiday schedule I'll probably play Tuesday night, Thursday during the day and again Friday. My youth team has practice on Saturday so I'll miss that run, but I'll play Sunday morning, and start another week with a Monday evening session. All I want for Christmas is the health to keep playing, and maybe, occasionally, to get better at the game I enjoy!

Note to all: We WILL hold our annual Hangover Run on New Year's Day at 11 AM. ALL are welcome, including veterans we haven't seen in a while, and guests. Many of us will be up until the wee hours celebrating the arrival of the new year, which just has to be better than this one, but rather than sleep off the hangover we encourage you to come out and play some ball in the sunlight. There will be several varieties of body spray on hand to mask the alcohol-scented sweat!

I'll see some of you at 11 AM Friday morning. The rest, I'll see you Monday evening at 7 PM. Classes will have resumed, so please park along the tree line again.

No Sleep For You!

2009-10-23T12:12:00.004-04:00

In many large law firms, partners expect associates to work all night regularly, stay in touch via phone and email around the clock and basicaly give up their life in return for the income and growth potential on the endless treadmill ride to becoming a law firm partner. But when are such requests misguided? In their zeal to impress clients do partners sometimes confuse speed with responsiveness?

Read the full post on my professional blog here.

Is Pro Bono At Risk?

2009-10-23T12:06:00.003-04:00

Many if not most lawyers and law firms devote a portion of their time each year on Pro Bono causes, or providing legal advice to those who cannot pay. It's one of the compelling characteristics that defines the practice of law as a profession and not just a business. But law firms are businesses. As clients demand lower fees, and in light of the recent layoffs have limited the number of new associate lawyers, will law firms begin to shift their focus away from doing good to doing well? Is pro bono at risk in the post-recession law firm? Not so fast.

Read the full post at my professional blog here.

Verizon Chaperone

2009-10-23T11:12:00.009-04:00

I enabled the "chaperone" feature on both of my daughters' cell phones, allowing me to locate them through the GPS chip embedded within their phones. I'm not particularly nosy, and when my kids are with their friends and doing what kids do I know when to turn off my eyes and ears. (Trust me: the stuff your kids write on Facebook, the lyrics of their music, and what teenage girls say about boys while I'm driving them around are not things you really want to know!) But now that one daughter is driving, and after the news reports of yet another tween kidnapped, I felt that having the ability to know where they are would be helpful in an emergency. Verizon offers this capability on many phones for something like $10 per month per phone. I'm sure it's quite a profit center... particularly when it doesn't work.

My issue is still unresolved, but essentially the online map showing my kids' locations (or more appropriately, my kids' phones' locations) consistently shows them about 20 miles from where they really are. On several calls to Verizon tech support, I've had both phones on my desk and yet the map shows them miles away. I've had a few amusing discussions with Verizon tech reps who ask me repeatedly, "Are you sure your kids are where they say they are?" because they can't seem to comprehend that the phone sitting in front of me on my desk is fairly solid evidence of the phone's location and questioning whether my kids lie to me because the online map deems it so is somewhat irrelevant.

More maddening than the tech support issue is the tech support process I must endure to find a resolution. I've learned that Verizon tech support doesn't generally call you. In my case, they send a voice mail directly to my phone and ask me to call back. They never leave the ticket number (the reference number which tracks the issue in their system) so if I pick up the message away from my notes I'm caught in an endless cycle of "But how we can help you if you don't provide the ticket number?" They will also periodically send text messages to my phone which state: "DO NOT REPLY: Your issue is still being investigated."

If I do have the ticket number, the call center agent I speak with must put me on hold to discuss the issue with the tech support agent. They try hard to ask me all the right questions before putting me on hold, because they seemingly only get one chance. "The tech support agent says it's fixed," he'll say upon returning. Then I'll say, "But it's not." And then he says, "Oh, well let me see if I can get the tech support agent on the line again. We both closed the outstanding issue in our respective systems because we believe it's resolved. Do you have the ticket number again so I can re-open it?"

Each time before I hang up, I advise the call center agent, "Remember to note once again that I have not agreed to pay for this feature until the issue is resolved. I want a full credit for the month (now 6 weeks) this issue remains unresolved." To which the agent will generally reply, "I don't have access to the billing system but I'll put that in my notes here and I'm sure the billing team will see it and act upon it." What are the chances?!

I'm presently waiting for the tech support agent to call, which he agreed to do because he's mystified -- after all, the GPS vendor proclaimed the issue fixed. Clearly, I must be confused because the vendor wouldn't lie. The call center agent advised me 45 minutes ago to expect a call in 10-15 minutes. Tick tock. When he does call (or more accurately, when I find the time in a day or so to follow up directly) I'll explain again that my kids' phones are displaying a location far from their actual location, which sort of defeats the purpose of a GPS locator. Wish me luck!

Incarnation Hoops Update - 19 October 2009

2009-10-23T11:05:00.002-04:00

There were 13 players on hand Monday evening, including two newbies, and it was an enjoyable basketball run, made even more enjoyable by the outing to the Firkin Tavern afterward. Life is kinda busy lately so no time for a proper recap, but we'll acknowledge the players in attendance: Erin Reynolds, John Stracquatanio, Leo Stinson, Mike Seipp, Tom McManimon, Lawson McElroy, Caitlin Grant, Mike Slom, Aaron Burnett and this reporter. We were re-joined by Chris Milinowicz who has returned to the area.

PLEASE NOTE: Several of you have not yet submitted your summer donation, and many of you have not yet paid your Fall donation. We have the rights to the gym year-round, in good weather and bad, during the school year and on holidays, for a modest donation of $20 per "season," for a grand total of $60 per player per year. Please submit your donation so we can make the sports equipment purchases the school sorely needs.

Demystifying Outsourcing for Corporate Counsel

2009-10-17T07:08:00.004-04:00

Corporate law departments face an unprecedented level of pressure to reduce costs, to do more with less and to deliver a quality legal product to internal corporate clients. In days past, as the saying goes, the chief legal officer would offer executive management a choice: “We can do the work well, we can do it quickly or we can do it cheaply. Pick two.” In a recent article published in the corporate counsel section of the Philadelphia Legal Intelligencer, the oldest law journal in the United States, I discuss how corporate legal departments are turning to outsourcing as a way to obtain quality legal work at less than Wall Street prices. Does this mean jobs are moving overseas? Does this mean large law firms are on the brink of extinction? Not at all... that is, if they embrace some of the same principles and do more with less.

See the full article at my professional blog here.

Fungibility - An Organizational Malaise

2009-09-20T19:21:00.005-04:00

In a recent blog post, Fortune's Stanley Bing discusses the critical employee, the one with specialized knowledge, the one who is irreplaceable. There's the sales manager who brags that he “closes every one of his sales team’s deals personally” and the finance manager who proclaims that “the revenue recognition model is so complex, no one else can run the reports.” I’m sure that they believe they're establishing job security. After all, if no one else can do the job, then they should have jobs for life. However, in business just as in sports, the organization or the team is what’s important. So if you're so critical to the team that they can’t live without you, then the team’s highest priority is to find a way to live without you. Or, in other words, your irreplaceability makes you highly risky, and, therefore, replaceable.

To read the full post, visit my professional blog here.

Welcome to Law Firm Inc.

2009-09-19T11:59:00.003-04:00

In a recent Law.com article, American Lawyer reporter Brian Baxter quotes a Bloomberg story discussing the increased level of interest by private equity investors in purchasing large stakes in UK law firms, once such an investment is allowed in 2011. Savvy readers already know of the UK’s Legal Services Act of 2007 which opened the door for private investment in traditional closed law firm partnerships, a process already underway in Australia.

For my take on what a law firm that's run by private equity investors might look like, visit my professional blog here.

10 Sales Tips for Legal Vendors

2009-09-19T11:57:00.001-04:00

I’ve spent years in sales, sales management, general management or CEO roles with a focus on law firms and corporate law departments. I’ve also worked on the buyer side leading business development efforts for a global law firm. Over the years I’ve made every sales mistake possible, and if I’ve missed any my team or my competition made up for it! Now, as part of my consulting practice I advise law firms and legal vendors on how to improve their business development and sales efforts. With this in mind, the ILTA 2009 conference team asked me to present a session for legal vendors on selling to law firms in a tough economy.

I’ve written previously that some of us have been fortunate beneficiaries of high demand for what we offer, and as a result we have generated successful results, even if our sales efforts are not particularly effective. As I walk the exhibit hall at legal technology conferences and trade shows, I see as many examples of poor salesmanship as I see of excellent consultative selling. So as I considered what to present, it occurred to me that a tough economy is a good time to get back to basics.

To read the sales tips, visit my professional blog here.

The ACC Challenge – What does it mean for law firm technologists?

2009-09-19T11:53:00.003-04:00

I recently had the pleasure of speaking on a panel at the ILTA 2009 Conference in suburban Washington, DC. ILTA is “the premier peer networking organization, providing information to members to maximize the value of technology in support of the legal profession.” The panel was attended primarily by law firm technologists, most in senior roles, along with a smattering of law firm leaders from varying firm sizes. The purpose of the panel was, as described by the title, to describe the ACC Value Challenge and how it will impact law firm technologists. Or, more to the point, how law firm technologists can impact the ACC Value Challenge. ACC, the Association of Corporate Counsel, has put a voice and a framework around the need to improve the value proposition for long-suffering in-house counsel, that is, deriving quality work product at a fair price. I say long-suffering partially tongue in cheek. As I’ve written previously, any party who considers himself long-suffering at the hands of another is partly culpable for not changing his situation.

Read a recap of my remarks, complete with a Far Side comic, by visiting my professional log here.

Incarnation Hoops Update - 14 September 2009

2009-09-19T11:48:00.002-04:00

Hi all,

No time for a recap this past week. And I'll be traveling for this week's session. So this note serves as a reminder for two things:

*The religious education classes have started up again so please park along the tree line and leave the parking spaces near the doors open for parents. And drive carefully while the students are present

*We are collecting the Fall donation of $20. The school has submitted a list of athletic items it needs for the gym. Everyone wins when we donate funds - we get the use of the gym all year, with heat in the winter and air conditioning in the summer, and the school gets the benefit of our contribution. Some regulars haven't paid for the summer session yet, and when I return I will let you know who are. For everyone else, please be diligent about making your donation. Give to John D. in my absence.

Enjoy Monday's session. I will probably play once in London, but it just won't be the same!

Incarnation Hoops Update - 7 September 2009

2009-09-09T22:44:00.004-04:00

Hi all, busy week so very brief notes on our Monday evening basketball run. We had 9 players, so we ran 5 on 4. Tim Grant, Bill Riordan, his son (Junior?), Caitlin Grant and Greg Adamsky took on Kevin Drulis, John DeVaney, John Stracquatanio and this reporter. Despite the disparity, it was fairly evenly matched all evening. The team of 5 won more games, but they only took one by a large margin.

Bill had multiple steals; his son had some nice open looks; Caitlin shot well and ran the floor, converting on the breakaway; Greg was masterful, demonstrating how a good point guard can make a world of difference, and also dropping in fadeaways, 3's and a few drives; and Tim continues to regain his old form, dominating the glass on one possession with 3 guys draped on him! Kevin ran the floor on every possession and when he touched the ball he converted. Problem was, he didn't touch the ball nearly enough so he drifted to the outside and began draining jumpers. John D. had some savvy hook shots in the paint as well as some open 3's. John S. did his usual excellent job running the point, though the passing lanes were continually jammed. He had some nice full-court lobs to a streaking Kevin, and some nice rainbow jumpers of his own.

As for this reporter, I had some hops on a few drives, but as the night wore on Billy wore me down and I couldn't penetrate or dish the rock on the break, leading to multiple turnovers... mostly when Kevin was wide open. I stepped back and shot a few from outside, but at least one was a total airball. My defense was suspect, as someone was always open and my rotations weren't crisp. As an old friend tells it, the worst day on the basketball court is better than the best day at work... though it sucks when you actually have that worst day on the court!

See you next week at 7 PM. Please bring your $20 Fall donation... and if you haven't submitted your $20 Summer donation, bring that too.

Incarnation Hoops Update - WE ARE ON TONIGHT

2009-09-07T13:07:00.001-04:00

There will be a regular hoops run tonight at 7 PM. See you there.

Roman chicory tot is actually a Torch City moron!

2009-09-01T20:57:00.004-04:00

The latest Facebook time waster is an anagram generator for your name. I've been using an anagram generator for years to add some humor to my speeches. For example, in my sales training courses I point out that "persistence" can be rearranged to spell "sincere pest." (Some salespeople don't realize that calling a prospect every day for a month can be annoying!) But it never occurred to me to look up variations of my name. Here are my favorite variations of Timothy Corcoran:

A crotch monitory
Chromatic on Troy
Chaotic moron try
Coach monitor try
Chancy Riot Motor
Catchy riot moron
Arctic horny moot
Raccoon mirth toy
Cocoa thorny trim
Harmonic cry toot
Monarchy cot riot
Charm tycoon trio
Achy moronic tort
Romantic cry hoot
Roman chicory tot
A torch city moron

Incarnation Hoops Update - 31 August 2009

2009-09-01T15:47:00.004-04:00

The calendar tells us Fall won't be here for another three weeks, but with a slight chill in the air and with a shiny, clean gymnasium floor, we know summer is over and the school year is about to begin. For those of us with grade school children, we welcome the peace and quiet. For those of us with college or private school kids, we shudder to think of the tuition bills. Either way, a good hoops run is a way to forget our troubles and run over your fellow man. Which is exactly what transpired last evening.

Fourteen players showed up to break a sweat, only to discover that the school's air conditioning was not adjusted for the lower temperature so it was, shall we say, a bit chilly to begin with. But we heated up pretty quickly. Quick recap below, but first...

PLEASE NOTE: We have not received the donation for summertime play from everyone. If you are in college or out of work, you're exempt. Otherwise, if you have played three or more times in a season we kindly ask you to donate $20 so we can purchase athletic equipment for the school in return for their kindness in reserving Monday evenings for us all year round. We are about to begin collecting for the Fall donation, so the tardy ones will be doubling up. Please be conscientious about submitting your donation(s).

Tony Hunting gave a clinic on how to use the rim to protect the ball on smooth reverse layups. Kevin Drulis gave a clinic on how a big man should run the floor and finish in transition. John DeVaney gave a clinic on the old-school hook shot. Bill Riordan gave a clinic on how to lurk in the passing lanes to intercept pass after pass. The rest of us merely attended the clinics. Caitlin Grant ran the floor hard all night, taking shots when open but missing a wide open right-side layup in transition! New guy Greg showed some smooth curls off screens for clean 12-foot jumpers. Joe Yehl played great defense and pump-faked and drove the baseline all night. Aaron Burnett played conservatively early on then heated up and drained several long-range bombs, then pushed the ball in transition. Lawson McElroy arrived late and grumpy, then took out his frustration on the ball and brother Aaron, but both were up to the challenge! John Stracquatanio worked the ball closer and closer for easy entry passes or mid-range floaters. Tim Grant is closer to regaining his old form every week, with several clever flip passes on drives and a deadly mid-range jumper. His stop-and-start spins in the lane are also too quick to guard. Bill's son, um, Junior (?) ran the floor, played good defense, made a few shots close in and generally made his presence felt... while quietly listening to Dad coach him up and down the floor! And Tom McManimon ran the floor, played solid defense, dropped in several step-back jumpers and managed to scare the heck out of us with his periodic medical stoppages. All I know is if he needs mouth to mouth resuscitation some week, he'd better start bringing breath mints!

As for this reporter, the feet are feeling good so I was able to run up and down two days in a row, despite spending a week on the road eating poorly and imbibing more than the recommended daily allowance. My only exercise was an evening run with former regular Ben Husch, who invited me to his pick-up hoops league in suburban Washington, DC. The fellas are still probably talking about the plump, pasty, old white guy who managed to score time and again with spin moves in the lane and in transition with scoop shots! More of the same last evening, though I've been taking fewer outside shots and also passing more. Sometimes too much. Hopefully I'll get a few more runs in this week and work myself back into shape... egg-shaped that is.

See you next week... and bring your donations, please!

Your Thoughts and Prayers Are Needed

2009-08-05T18:08:00.004-04:00

My brother-in-law, Paul Skelly, was recently diagnosed with an aggressive onset of Sarcoma, a cancer affecting connective tissue, e.g., bone, fat, cartilage, with three sizable tumors appearing since a full body scan last winter. Paul conquered melanoma last year, after aggressive treatment. So this relapse is particularly unwelcome.

Very few readers of this blog will know Paul, but our family believes in the healing power of prayer... although not at the exclusion of very good doctors! So to the extent you can fit this into your daily routine, please offer up a prayer for Paul and other loved ones who suffer from diseases like this.

Paul is a lieutenant with the Rochester (NY) fire department, and grew up in the suburb of Chili, where the family resides today.

If you know Paul and would like to follow along, my sister Terry has established a web journal at Caring Bridge. I know that Paul, Terry and my nieces Kristin, Deanna, Erin and Paula, and the rest of us appreciate your thoughts.

Incarnation Hoops Update - 3 August 2009

2009-08-05T15:41:00.003-04:00

We had a very light showing on Monday evening, which allowed us to squeeze in a good run and get home early. The kids were annoyed when I demanded the good seat on the couch!

Another busy week so no time for a detailed recap, but don't want to miss the opportunity to praise the stalwarts for showing up:

John DeVaney
John Stracquatanio
Lawson McElroy
Mike Slom
Lou Perrochino
Joe Yehl
Rich McLaughlin

As for this reporter, after a decent session on Saturday morning and a very good session on Sunday morning, I was fearful that the back-to-back-to-back would kill me. But other than being weary from running 4 on 4 (nowhere to hide!), I had a good night. Maybe my slump is over? But just to be sure, don't put my name on the top of your NBA draft lottery card just yet!

See you next Monday!

Incarnation Hoops Update - 27 July 2009

2009-07-27T22:46:00.006-04:00

It's been a busy summer so little time to write to the blog. But the fans are restless so here's a quick recap.

We started with 18 players tonight and as the night wore on our numbers dwindled. And many of those who stayed left with bruises after a very physical session.

Lawson McElroy gets top billing tonight not because he's looking for press, but because he played hard and in control all night. His spin moves from 8 feet out in the paint and from both baselines were deadly, his passes into the post, his occasional short jumper and his stifling defense were all on display all night.

Aaron Burnett had a great run last week, totally messing up our matchups because he ran hard all night. Tonight he was back to his usual half-speed self. No disrespect intended, but when he decides to play at either end of the court few can stop him.

Erin Drulis started off with some deadly 3-pointers from seriously deep, and continued to impress all night with her shooting, her defense, her passing and her hilarious commentary from the sidelines during the breaks.

Joe Yehl had some nice rebounds and a few of his deadly shots, coming just when you think the ball has rotated one too many times and he can't possibly be open.

Tom McManimon had a great night, turning into the lane for some tough lay-ins and starting off one game with a deadly 3-pointer. When his squad lost the sub he gamely played on during his usual breathers. It's going to be a heavy Advil day tomorrow but it'll be a good sore.

John Stracquatanio made some amazing turnaround shots along the baseline against rotating defenders. His passing and outside shooting were up their usual high level but the deadly rainbows from short range were simply daggers in the hearts of the opponents.

Speaking of heart, Kevin Drulis is all heart as he takes abuse week after week, rarely calling fouls unless someone is visibly hanging on his arms as he goes up. Alas, this week his usual array of low-post moves spun out as much as they spun in, but his early ball-handling on the break and his relentless energy more than made up for a few missed shots.

Pete Reynolds used his blazing speed and hang time to get open on breaks and pull-ups in the lane. However, his hang time worked against him once or twice as weak side defenders were able to alter the shot from behind, but in the open floor the only thing that can stop Pete is a poor decision, and he makes few of those.

Speaking of decisions, one of our finest pure point guards showed up tonight. Greg Adamsky deferred at first, roaming the floor and looking to get the skip pass for the assist, but as the night wore on his teammates implored him to take control and when he did the assists started racking up. His defense against taller defenders and his movement in the passing lanes were notable contributions.

John DeVaney didn't rely too heavily on his un-guardable hook shot, because he was effective with the pump fake and drive, the outside shot and the pass out of a double team to an open teammate. And not once did he get knocked to the floor!

The floor is where Mike Reynolds spent some time, after a few nasty fouls that looked suspiciously like undercuts rather than box outs. This reporter also whacked him in the head while trying to retrieve a loose ball. Mike can play as rough as anyone, but were glad he sticks to his finesse game rather than give back what he gets.

Giving is what Tim Grant did tonight, as he delivered some beautiful passes in the middle of his drives. In one notable example, we were admiring Tim's fancy footwork to get open in the low post while his even more impressive behind the head pass bounced off a wide open teammate. Tim's energy is coming back a bit more every week and with it comes his very impressive game.

Erin Reynolds had her usual impressive run, showing her long-range shooting and her fearless left-side drives in traffic, and an occasional up-and-under when the defense adjusts.

Mike Slom had a short night but was able to drop in several long range shots with his quick release. He also delivered a few nice passes into the post, and pushed the ball up the floor on the point which worked well with his speedy teammates.

Mike Seipp played his usual tenacious game in the paint, whether on offense or defense. In warm ups his shooting percentage from anywhere on the floor is 90%+, so it's surprising that he takes relatively few outside shots and instead lowers the shoulder and gets in the lane. Either way, he's effective.

Leo Stinson brought his keg o' tomato juice for his health and then risked his health by roughing up one defensive assignment after another. Nobody is craftier with hands, hips and body than Leo, though crafty wasn't the adjective most chose. Let's hope he takes an Advil and a Prozac before next week!

Caitlin Grant made her usual savvy cuts, opening up lanes behind her and getting in position for defensive rebounds. She wasn't open often but made the shots that counted. This follows her performance last week where she more than her usual share of energy and drive, dropping in shots from all over the floor.

As for this reporter, I'm in the midst of a turnover frenzy, making passes to teammates who aren't looking for the ball and driving into triple-teams but failing to pass the ball to the open wing fast enough. My assists have gone down naturally, and I've drifted to the wing where I'm trying more dribble drives than outside shots -- and when I did shoot from outside, not a single one touched even the net! All in all, not a very good run of late. On the plus side, when I do spend time in the lane I'm getting offensive rebounds and putting most back in with a simple head fake. On defense I'm generally matched up against post players where I usually hold my own, though the occasional player driving down the lane will bounce off me and get the call. Time to hit the driveway and work on the fundamentals.

We've collected about half of the donations for the summer session. We're only a month and half away from our Fall session, so it's going to be painful for those of you who will have to pony up twice. Get your donations in now... you know who you are!

See you next Monday at 7 PM.

Incarnation Hoops Update - 13 July 2009

2009-07-17T03:58:00.002-04:00

Very busy lately so haven't had time for an update. We've had 13-17 players the last few weeks, and the heat has been brutal. This past week the air conditioning must have been turned on earlier in the day for some other event, because it was downright chilly at the start! The level of competition heated up quickly however, and we had a good time. As for this reporter, my decision-making skills lately have been suspect. For every great assist, wide-open jump shot or impressive drive I convert, I throw an ill-timed cross-court pass in traffic, or force a shot against a double team or turn the ball over on a 3-on-1 drive. I think there's a correlation between how many distractions are taking place in my life and how focused I am on the court. I'd think about it more, but I'm too busy!

The main point of this recap is to remind all players that we are collecting for the summer donation. If you haven't brought your $20, please do so next week. As you recall, we now collect three times -- once in the Spring, Summer and Fall. That's $60 per year for those of you keeping score at home. College students and anyone between jobs are exempt. For the rest of you, we're hoping to purchase a portable defibrillator for the premises so your donation will go to a good cause.

See you next Monday!

Lawrence-Hamnett U-11 Wildcats 2009 Spring Season Champs!

2009-07-07T14:04:00.003-04:00

Isabella's travel soccer team tied for first place in their flight this past season. This likely means a transfer to a more challenging flight for the Fall season. As I type this, most of the girls are attending the UK Elite soccer camp at the Lawrenceville School, a 5-day 12-hours-a-day epic effort. With desire and dedication like this, the Wildcats should have a good Fall season too.

From left to right, kneeling: Katie, Sophie, Isabella, Catherine, Becca, Persis, Courtney.

From left to right, standing: Abby, Hannah, Sophie, Christine, Sidney, Jackie, Hailey, Raven, Yasmin.

The coaches are Brian (L) and Mark (R).

Global Beatles Day - June 25

2009-06-25T08:50:00.003-04:00

There are a couple competing groups trying to establish an informal Global Beatles Day. Today is one, another is July 10th. Who cares? Every day should be Beatles Day! At this moment, my iTunes is shuffling through a mix of 568 Beatles and post-Beatles songs from all four of the lads from Liverpool. For those keeping score at home, here are my favorite Beatles tunes:

John Lennon: Ballad of John & Yoko, In My Life, Imagine

Paul McCartney: Things We Said Today, Got to Get You Into My Life, With A Little Luck, Take it Away

George Harrison: Something, Don't Bother Me, What is Life, All Those Years Ago

Ringo Starr: Octopus' Garden, With a Little Help From My Friends, Photograph

Area Man Drowns In Deluge of Law Firm Pitches

2009-06-18T16:42:00.005-04:00

A large law firm partner submits a query: “I am fully versed in how to pitch my — and my firm’s — specific experience and other typical efforts,” but he goes on to ask for advice on what more subtle factors are considered when selecting outside counsel. Why do general counsel hire law firms? What magic words must be delivered in a pitch to convince the buyer that your capabilities are must-have? Some lawyers might be surprised to learn that selling legal services the same way cell phones are sold isn't a good idea, particularly in today's economy. And what about the lawyer who visited his client not to understand the client's business, not to even ask for more work, but to whine about his lack of work. Lawyers, these are your competitors!

Read the full post on my professional blog.

Incarnation Hoops Update - Rules of Play

2009-06-16T22:31:00.003-04:00

Periodically we like to reaffirm our rules of play because of the regular influx of new players. As I learned during my college years, every bar has its own set of rules for the pool table, and you'd better know them before the game begins. Similarly, we establish our house rules which may or may not match what other basketball leagues enforce. So please take a look and if you fail to see a situation that should be addressed, let us know and we'll establish a house rule.

* We alternate white and dark and the lineups generally change all evening. So bring a white shirt and a dark-colored shirt, or a reversible jersey. No skins or gray shirts!

* We play 5 on 5, with subs up to 12 players. With 13-18 players we rotate 3 teams with subs. Over 18 players, we hope for mild, but temporarily debilitating, injuries to some! Once we reach 19 players, we switch to the side courts.

* Games are usually played to 15 straight up, no “win by two” rule, with 2’s and 3’s. We do not shoot free throws.

* Substitutions are allowed only on offensive possessions. If your team has a sub, please rotate out equitably and without prodding.

* After a substitution, a foul, an out-of-bounds or other stoppage in play, we reset at the top of the key. We never inbound the ball from the sidelines, and we inbound from the baseline only after a made basket.

* The scoring team should not touch the ball after a made basket. This is unnecessary and poor sportsmanship.

* We do enforce “over and back” or backcourt violations.

* The side, bottom and top of the backboard are in play; the back and support are out of play.

* Offensive players, call your own fouls. Don't hope the defensive player will volunteer the call. And be consistent. Those who never commit fouls but coincidentally are always fouled will be looked upon with scorn and pity.

* Blind picks, under-cutting, boxing out to the groin, swinging elbows or other deliberate rough play is not welcome at any time, even in the heat of battle. We are all friends. We all have to go to work tomorrow. Keep your cool. This is not the playground. If you play dirty, you will be asked to leave. If you constantly yell at your teammates or opponents, we may ask you to leave as well. (We have invoked this rule on a few occasions.)

* Offensive fouls and moving picks do occur, but are rarely called. Please police yourself. And respect the call when it's made, because generally it means that several prior offenses were not called.

* A “kicked ball” is called only when it’s deliberate.

* For jump balls, alternate possessions. The team starting on defense gets the first jump ball.

* A “self pass” is not called when the shot was a legitimate attempt near the basket.

* Some of us are old and we get knocked down a lot. When this happens, we stop play and the team with the ball gets a reset at the top of the key. It's more important to protect each other from injury than to score on a 5 on 4 advantage.

Navigating the Acorn Minefield

2009-06-16T22:19:00.004-04:00

It's common practice in law firms to use discounted pricing to win an initial engagement, in the hopes that future engagements can be billed more profitably. I call this the acorn theory because it calls to mind the practice of planting acorns and awaiting the emergence of a mighty oak tree. As a large law firm partner put it, “We’ll practically give away some early work, but we hope to make it up with more profitable work later on.” An article in this week's Law.com echoed the theme by quantifying the investment one firm makes in planting acorns: “During the past three years, the firm says it has given away more than $100 million worth of billable hours, but it hopes to make the revenue back through follow-up work from those clients.”

Does this approach work? Do clients become loyal repeat buyers or do they become well-trained price shoppers? Most large law firm lawyers might be surprised to find out that growing acorns into mighty oaks is not as easy as it sounds.

For the full post, please visit my professional blog.

Incarnation Hoops Update - 15 June 2009

2009-06-16T19:35:00.004-04:00

As I write this I'm wearing an outfit I haven't worn since the 7th grade. Due to the heat and humidity in the gym last evening I've lost so much weight that I can comfortably fit into my parachute pants and Members Only jacket. Aren't you jealous?

We had 20 players at the start of last evening's play, and then 30 seconds into the evening we lost our first player due to an ankle injury. As the night wore on we saw a few more ankle sprains and there were at least 2 more ice bags being passed around.

Bill Riordan arrived early and with a change of clothes for the after-bball outing. Alas he was the first to drop and headed home bemoaning his fate, and likely moaning in pain. Let's hope he's not absent as long as last time. We have several lace-up ankle braces on standby for his return.

Pete Reynolds used his speed, ball handling and hops to, well, to lose the ball several times on blocks and steals. Very uncharacteristic of him. To his credit, he simply ran up the floor to play defense rather than fabricate calls. By the time we switched from the side courts to the main court, he was running and finishing with ease.

Bob Mark had a very good night, running the floor, working the defense, turning into the paint for turnaround jumpers.

Rich McLaughlin also had a very good night, distributing the ball well, putting up threes... though he had some open shots that he chose not to take.

John DeVaney successfully used his old-guy hook shot, his 3-pointer from the wing and his up and under move in the post to score at will on anyone guarding him. He also played excellent defense on a variety of larger, faster players.

Caitlin Grant was the 5th scoring option for multiple games so she gamely distributed the ball, played defense, and when her few chances arrived she, well, she passed out of several of them. But she got going after converting a 3 on 1 break and then started launching shots.

Mike Slom punished several people with his quick release 3-pointer from the top of the key. When he's greedy and in rhythm, Mike's outside shot is as dependable as they come.

Mike Reynolds defines dependability as he took, and made, every single "make it take it" shot to start each game. And while the clock was running he converted breaks, bank shots, baseline runners and long outside shots with ease. He also had his hands full guarding big guys Kevin and Lawson and silky smooth Tony.

Speaking of Tony Hunting, he returned from what we hope was a successful planting season on the Iowa homestead, hung up his overalls and straw hat and donned shorts and hoops shoes to show us how to score from either side of the rim with either hand after pulling down multiple offensive rebounds in traffic.

Kevin Drulis pleasantly accommodated the barnacles that were assigned to defend him, clamping onto his arms and holding on for dear life. While his 2-dribble drives and post work were as infallible as usual, it was his 3-point shooting that took us all by surprise as he shamelessly launched multiple outside shots while the hapless barnacles waited in the paint. On one drive he took out Lawson and Bob to pick up the 7-10 split and score a spare in the 10th frame.

Lawson McElroy arrived on time and dove right in, working in the lane and using his size to pull down rebounds. Due to our numbers we were on the side courts for a number of games, which probably inhibited Lawson's ability to spin and shoot and rebound and shoot again because the lane was so crowded. But when we switched to the main court by night's end the big fella had a lot of room to show his stuff.

And stuffing is what Zack Williams must have had for dinner, two helpings even, because for the second week in a row he allowed this old guy to take the ball away. However Zack doesn't gripe, he just puts his head down and plays defense. When we switched to the main court Zack had a number of impressive drives and mid-range shots, showing his athleticism.

Athleticism and fearlessness are what defines Erin Reynolds, as she drove the lane against anyone, and converted her patented left-side runner time and again, and also used the simple pump fake and drive to get open for her outside shots. Her defense was also spot-on, as she helped in the lane when her teammates forced the play to the inside, leading to several turnovers.

Leo Stinson showcased his deadly one-dribble jump shot, his shot off high screens and his dribble drives using that long final step to get to the rim.

Mike Seipp was forced outside in the early going as the short courts limited his ability to work the paint, and when he did get low there was always a help defender nearby. But that didn't stop him from scoring. While Mike can drive he will, but when he decides to give the knees a rest his outside mid-range shot is better than ever.

Tom McManimon returned after a week off to attend his youngest child's graduation from 8th grade. The good news is that Tom is now only a mere 4 years away from his final Notre Dame tuition bill, though the college bills will last much longer. Speaking of which, Tom lasted all night even after the layoff, undoubtedly helped by the short runs on the side courts. In the early going Tom launched multiple turnaround jumpers and mid-range shots from the elbow, making most.

John Stracquatanio really shined on the main court as his conditioning allowed him to run as many others had slowed down, and he started off the first game with an impressive coast to coast drive to convert a tough right-side layup in traffic. His rainbow outside shot was not as deadly on the side courts that lack lane markings, but his ball distribution from the point was impeccable.

Joe Yehl had the pass of the night, making him the unofficial lifetime achievement winner in this category, with his touch pass from the left baseline. I forget who tossed him the ball low but without looking he touched it right back to a driving Kevin who laid in a pretty left-side layup against a waiting double team that was caught off guard. Joe also showed his savvy defense, poking balls away in traffic.

Lou Perrochino was in his element when odd numbers forced a 4 on 4 on the short courts, giving him space to launch his left-side stutter step dribble drive pull-up jumper. With 10 players on the short courts Lou was forced outside where his outside shot, when he chooses to launch it early rather than wait for the defense to adjust, can be a threat.

As for this reporter, I was feeling good after a good workout Sunday morning. Well, if you define good as staying a long time at the gym. Lately I've been trying to pass more than drive and some passes generate whistles of praise, but a few more generate whistles as they sail past a teammate's ear or fly out of bounds into the cheap seats. Not sure whether the window closes before I pass, if my passes are executed poorly, if I'm seeing an opening that isn't there, or maybe all of the above. In any case, for the 2nd Sunday in a row Mike R. and John D. fell victim to my unforced errors all day, but somehow I ended up teaming with them again last evening where hopefully I improved my assist to turnover ratio somewhat. I still had a few lousy unforced errors but by and large I was able to get the ball to an open guy (or gal) or create my own shot. I had some surprising defensive stops, and one slithery right-side layup over an out-stretched Lawson, so I'd call it a good night over all. The paws were hurting far more than at the health club, so this morning I hobbled like Lakers' coach Phil Jackson as he ambled up to the podium to accept the championship trophy. (Did you hear the rumor that Kobe will now retire, move back to the greater Philadelphia area, and join our Monday night run? You can have him, I can't wait to take him one on one!)

Please note: We are collecting for our summer donation. For those whose minds have deteriorated, recall that we collect $20 every Fall and Spring, and in the last few years every Summer too. Our donations go to the purchase of sports equipment for the Incarnation school and to help defray the cost of the air conditioning during hot summer evenings. Since we haven't seen any evidence of air conditioning yet, perhaps we should be sure to contribute right away and see if we can change that. So please bring your $20 next week. (Also note that college students and unemployed members are exempt from any donation.)

See you next week!

EZ Pass Takes its Toll

2009-06-11T22:40:00.004-04:00

Each of my cars has an EZ Pass radio transmitter installed on the windshield which allows us to use the highway express lanes all throughout the Northeast and all tolls are automatically debited to my account. I maintain a cash balance in my account and every so often when it falls below a certain threshold it charges my credit card to replenish. Occasionally the radio transmitter battery will die and a sign at the toll booth will alert me to order a new one. The first time this happened I was entering a toll highway and the sign said "Call EZ Pass." I called in a panic but the nice customer service agent calmed my fears. Apparently since each EZ Pass device is associated with my license plate, if my transmitter doesn't work a photo of my license plate will be taken and my EZ Pass account will be debited manually. This process works well when you're waiting for a new transmitter to be mailed to you. In fact, the overall EZ Pass system is wonderful and I truly can't imagine life commuting without it.

Recently this system broke down. Apparently my account couldn't process an "auto replenish" payment. I think my credit card expiration date had passed and I didn't update my account. When the sign at the toll booth indicated the low balance I signed onto my account and processed a manual payment. Have you ever made an online payment and while it's processing you get the screen that says "Don't go Back or click Refresh or your payment may be applied twice?" I sat watching that screen for minutes until it was apparent it wasn't going to complete. I tried again by closing the browser and doing it all over again. Same result. I tried again and left it overnight, and in the morning it still hadn't processed. I then tried it on another computer. Same result. I waited a day, assuming the site was having problems but surely someone else would have reported it. Next day, same result. I wasn't too worried, knowing that any tolls would be applied manually to my account. Meanwhile, I sent an email to EZ Pass customer service explaining the problem and asking them to either debit my updated credit card on file or help me process a manual payment.

Now the sign at the toll booth was giving no reaction whatsoever -- no "Call EZ Pass," no "Low Balance," nothing. A few days later, having still not heard from EZ Pass, I tried one more time. This time I was able to process a manual payment. It occurred to me that my prior attempts had been made on my Mac or my kids' Mac using a Safari browser. The successful attempt took place when I used Internet Explorer on my old PC, completely by random chance. There is no mention anywhere in the EZ Pass FAQs indicating that Safari is incompatible, and indeed no other website I've visited in years has ever posed a problem with Safari. I updated the credit card, replenished the account and all was well. Several days after that EZ Pass customer service responded to my query with a cryptic "Your request has been processed." However, as far as I can tell, they did nothing at all since the only transactions were those I completed myself.

Today in the mail I received four EZ Pass toll violation notices from the Pennsylvania Turnpike Authority, each for $0.65. So after all that, EZ Pass or the PA Turnpike Authority was somehow unable to associate my license plate with my account as it has in the past and found it necessary to bill me for the $2.60 manually. And it cost them $1.76 in postage to notify me. This wouldn't ordinarily be a big deal, but each violation assessed a $25 processing fee. So now the total due is $102.60. I have the opportunity to dispute each of the four violations, which of course I will do. But now it takes time and energy and I have to explain how the EZ Pass system broke down.

Do you think it will help if I explain that I lost a few days between my several unsuccessful attempts and my final successful attempt because I was out of town attending my mother's funeral, and I didn't have my account information handy? Come to think of it, it's probably easier to just print this post and attach it to the dispute form. Wish me luck!

Whither Sales in Law Firms?

2009-06-10T15:44:00.002-04:00

Lawyering is a noble profession, not to be confused with the untidy and significantly less elegant profession, if one can call it that, of sales. I didn’t go to law school to learn how to sell. My clients trust me; they don’t want some smarmy sales pitch. I can see why firms of a lesser reputation resort to such tactics, but my firm is different and that won’t work here.

Hogwash or doctrine? Should the modern law firm embrace sales, particularly in light of the changing economic climate where demand for legal services is no longer a given? Or will sales blow over like the other corporate fads that have no place in the practice of law?

Last week I had the good fortune to share a daïs with several experts in the field of law firm sales. For the full recap, please visit my professional blog here.

Reflections on a 20th College Reunion

2009-06-09T12:22:00.011-04:00

I had the good fortune to attend my university's reunion weekend the other day. In attendance and celebrating were the classes of 2004, 1999, 1994, 1989, 1984, and so on. You can probably discern the pattern. Incredibly, there were 9 members of the class of 1949 in attendance. The largest class was 2004, with about 87 attendees, followed by the class of 1984 with about 82. My class of 1989 had a respectable showing of about 58.

After 20 years, most of us are married with children, some of us have less hair, many others have gone gray, a few have expanded, very few have contracted, most of us have mellowed, and in one notable case from my class, a Joe became a Joanna.

Some months ago when the mailings arrived, I wasn't sure I wanted to attend. I'm not one of those who has moved on to such an extent that a college reunion would comprise faces and names I couldn't or wouldn't want to recall. On the contrary, I've maintained quite a few friendships from my college days, augmented in recent years by Facebook and Classmates.com which make finding each other and staying in touch much easier. However, my circle of friends is sprinkled with graduates from the classes immediately ahead and behind mine, so the artifice of a reunion of merely my graduating class is sub-optimal for seeing all of my old pals.

The trip was secured once I was invited to participate in a panel discussion on the growth, or lack thereof, of sales in law firms, my particular area of expertise. I would have to fly over my hometown of Rochester to return from Chicago to my New Jersey home, so it made sense to stop in on Friday, take the folks to dinner, then head to the college reunion weekend the next morning. My mother's recent death didn't alter my plans, because joining my Dad and brother for dinner seemed even more important now. All went according to plan and by midday Saturday I was on campus.

I spent 18 hours in Olean and Allegany, the communities astride which my alma mater sits. Despite the short visit, I rekindled a few friendships, enjoyed an excellent meal of comfort food exactly as it was prepared 20 years prior, and downed a few cold beverages in my old stomping grounds. I also came away with a few observations.

As we have grown, most of us have acquired self-confidence. Whether it's career success or the unquestioned authority with which we order our children around, there seemed to be less of the endless "What do you want to do tonight?" "I don't care. What do YOU want to do tonight?" We discuss options and we go. Those who were once followers now lead. Those who have always led are content letting others lead.

Related to the self-confidence is the loss of pretension. I am quite certain that there were several 5-year alums bragging about their corner office, their fancy car, complaining about the volume of business travel they must endure, how annoying their secretary is, why their staff sucks, and so on. These are well-rehearsed laments designed to convey the not-so-subtle message that only a few years out of school and "I'm a player." By the 20th reunion, such artifice is largely missing. We are able to talk freely about our jobs, our families, our kids, without wondering if others question our college investment. Even the old friend who responded "I'm just a mom" when asked what she does for a living said it with ease and without any self-doubt.

There is always an exception. At 18 years old I dated a spunky, chatty, friendly blond girl from a town as small and backward as my own. Her roommate was a moody, brooding, self-conscious and self-described wealthy girl from the big city. 20 years later my former flame is a happy mother and small business owner, and the roommate is still acerbic, unfriendly and self-conscious. In the several dozen "What have you been up to..." conversations I held during my visit, hers was the only one where within minutes I was prepared to simply stop pretending to care and just walk away. Her attitude was so distasteful, and her practiced recitation of her youth suffering at the side of her poor country roommate was so epically inaccurate, that I was astonished she had even bothered to attend given her sad misfortune. Luckily someone else interrupted, or I swear in another 10 seconds I would've walked away while she was in mid-rant.

Notwithstanding the above anecdote, many of us seemed to have gained tolerance. It's no secret that humans are the only creatures able to experience retroactive embarrassment (think about it: imagine an embarrasing episode from your distant past. Do you feel your cheeks growing red?). Over time I've allowed that the shenanigans of the "bad" crowd are less an indictment of their character and more a function of youth, stupidity and newfound freedom. As far as I know, the crowd that lived across the hall from me my sophomore year, and whose perpetual drug-induced haze induced my own perpetual derision and haughty self-righteousness, are contributing members of society with good jobs, nice families and a few fond memories that I will never share. In retrospect, I had no right to be judgmental.

In turn, I seem to have been forgiven for some of my own failings. This same crowd continually requested that I play their endlessly hissing and rambling Grateful Dead bootleg tapes at the radio shows, oldies nights and dances at which I was regular fixture as a prominent local DJ. I always refused, claiming that my shows were highly-organized productions and the low quality of the tapes would not reproduce well over my state of the art sound system. Besides, I can read a crowd and I know when "Build Me Up Buttercup" and "Surfin' USA" will put a crowd into a dancing frenzy and when an 18-minute Jerry Garcia classic will put them to sleep. I realize now that in a college crowd in the late '80s, a Dead song, even an 18-minute low quality bootleg recording, would really not have been much of a buzzkill! Perhaps I read too much into it, but one of that crowd made a it a point to shake my hand and say Hi, and then later to connect with me on Facebook.

You can't really ever go home again. My Dad always told me that people act and dress like their contemporaries from their highest point of education. This isn't necessarily a class distinction, but more an acknowledgement that once we identify ourselves with a certain crowd we tend not to change. Similarly, wherever you come of age carries fond memories that time and the inevitable march of progress cannot erase. To me, the community in which my college resides looks the same as it did 20 years ago, even though it was once a backwater and now it's a middle American city. I crave the beef on 'weck and homemade German potato salad at one of the area restaurants, and I was not disappointed. Later in the evening I marched right up to my old "home" pool table and skewered my opponents, a group of very friendly locals. I was able to navigate the back roads, some of them yet unmarked, to make it from the highway to my hotel, from the hotel to the campus, and so on. I've lived in my current town for nearly 15 years and I still get lost. However, I couldn't help but feel as I drove out of town that the town didn't need me, or my comrades, any longer. We were important and integral cogs in the wheels during our time, but within a breath we were gone -- not forgotten exactly, but relegated to the "Do you remember when..." anecdotes of those who followed us, then were but names to those who heard the stories second hand, and then, well, now, we have assumed the role of visitor. Like pulling on an old shirt that fits comfortably, but that you only wear around the house in the morning while you read the paper and feed the cat.

By and large I have enjoyed success in my work and home life. My college days carry fond memories of solving the world's problems at 3 AM, of eating food at times and in quantities that today would induce life-altering heartburn, of exploring the darkness with willing partners, of unveiling my true nature to myself and others when alcohol released my inhibitions, of expanding my mind with content that today I never use (Giotto kicked off Renaissance art, the French subjunctive, how to splice reel-to-reel tape to record a radio public service announcement, coding a dbase IV macro) and content I use daily (public speaking, how to think, how to learn, how to persuade others) and of slowly realizing that the world was far larger and more complex than the several mile radius we ruled. I am who I am today in large part because of those college experiences, and I'd like to think that my recent visit has refueled me and continued my college education.

Here's wishing that you too get the opportunity to experience a 20th reunion that matters.

Incarnation Hoops Update - 8 June 2009

2009-06-09T07:58:00.000-04:00

A very sweaty, hot run last evening for 18 players. We had a little of everything - run and gun, crazy turnovers, blistering outside shooting, injuries, and one undefeated team.

Let's start with giving props to Brian DeVaney whose team went undefeated all night. I can barely remember everyone who showed up, let alone who played on which squad, but let's give it a shot: Brian was joined by Erin DeVaney, Erin Drulis, Bob Mark and Joe Yehl. That means squad two must have included Caitlin Grant, Zack Williams, Lawson McElroy, Mike Reynolds, Lou Perrochino and Pete Reynolds. The final squad was comprised of John DeVaney, John Stracquatanio, Kevin Drulis, Aaron Burnett, Mike Seipp and this reporter. Arriving late and moving around was Mike Slom. Let's assume I'm about 80% correct on the matchups and move on.

Amidst his many drives, Brian delivered several step-back threes that were designed not just to score points, but to send a message. That message was "I can't be stopped today." Message received. Joe Yehl played his usual sneaky defense, poking the ball away from behind on one drive, although his own pocket was picked later in the evening. Erin Drulis launched some long threes herself, and one notable possession gave up a wide open layup for a failed assist. In the later games she fearlessly stood in the lane to stop big brother Kevin. He was not even slowed down. Erin DeVaney did her usual smooth spin and up and under moves to get open in the lane. Bob had several fantastic finishes while driving the lane trailing the break.

Zack Williams redeemed himself and then some after a few defensive lapses last week. His outside shots were unerring, and he dropped in a game winning layup off a nice assist from Brian. Caitlin was not to be overshadowed and put in her own outside shots, one after another. Lawson had a few tricks up his sleeve (or in one of the many pockets of his cargo shorts!) and strung together some nice spin moves into the post and assists to a cutting Mike to make his presence felt. In addition to filling the lane, Mike Reynolds drained the outside shot and put back numerous offensive rebounds. Lou was able to drop in some midrange shots but his stutter step drives were stymied when no one shoved him on his approach, leaving him too wide open to finish! Speedy Pete played a great game, leaping for rebounds, driving and finishing at the rim, pulling up for some nice outside shots... and shaking when he meant to be baking and turning his ankle and calling it a night.

Elias Sports Bureau has officially declared that John DeVaney averages 1.72 falls per session, and last night was no exception. John is often in perfect position the moment before the offensive player makes his move, so he takes a lot of out of control charges. After dropping in hook shots and outside shots, and one pump fake and drive by son-in-law Mike, John was laid out and decided to watch the final few games from the banch with ice on a sore knee. This left John Stracquatanio as our outside shooter and he perfomed well, though lately he seems to like driving and lofting floaters over helpless defenders. Mike Seipp plays hard in the post and when he gets the ball on either block there really is no way to deny him the bucket. Kevin Drulis doesn't just play hard, he plays with one or two players draped on his arms as time after time he lays in the softest shot ever seen from a big man. Aaron arrived late but dove right into action, distributing the ball and using his speed to finish at the rim when he saw a mismatch. Mike Slom showed his Marino-like quick release whenever he touched the ball on the wing, dropping in 3 after 3 if his feet were set.

As for this reporter, it was a light week. After playing 3 times last weekend, I was traveling all week and managed only one session on the road, visiting a glass and chrome hoops haven in the Loop in Chicago. I was well-rested and worked the drives several times, but also unveiled a fadeaway midrange shot which was not planned, but necessary because of good defense. As the night wore on I turned the ball over a few times but maintained a decent assist ratio. I also dented my head as I was rounding the corner on a screen set by Brian when he turned into me and stopped my progress with his eye socket. Alas, it only made his shooting more deadly!

Bring a few extra shirts next week, because it appears we will not be blessed with air conditioning at the level to which we've become accustomed. Personally, I like losing 8 lbs in water weight over the course of the evening -- and oozing my way thru slimy defenders is an added bonus! Let that mental image percolate for a few moments. And then mark your calendars, because we will be back on the Incarnation hoops court at 7 PM next Monday. See you then!

Is a Law Firm CMO Essential?

2009-05-26T08:46:00.002-04:00

The legal marketing community has been abuzz in the last few days after the National Law Journal posed the question, “How Essential is a CMO?” following the announcement that a long-tenured BigLaw CMO had left his firm. Why are so many law firms eliminating, or considering eliminating, those CMOs they have in place, or delaying replacement hires? It’s as simple as BigLaw leaders not understanding the revenue-generating impact of a good CMO. But the legal marketing community isn’t blameless either. Since a seasoned BigLaw Chief Marketing Officer is all-in a half million dollar investment, it certainly makes sense to question whether in today’s economic climate this is a wise use of a law firm’s capital. Like most good debates, there are multiple valid perspectives.

See the full post on my professional blog.

Incarnation Hoops Update - 25 May 2009

2009-05-26T08:11:00.007-04:00

After some initial concern whether there'd be enough players to field two squads on the holiday, we ended up with 18 players and a vigorous run last evening. Many of the usuals were on hand, plus a handful of guests, so it was a good mix of interesting matchups. Today's recap will be short and sweet, as I've been preoccupied with other matters of late and I need to dig in to get caught up.

Andrew Slom joined his dad, Mike Slom, to deliver a strong one-two punch of speed and outside shooting. John Stracquatanio the elder did his usual point guard thing while son John Stracquatanio used speed and crafty defense to excel at both ends of the floor. John DeVaney punished the young folks with his hook shot and up and under moves in the paint. Erin Reynolds also worked the up and under move, but also drove on anyone. Mike Reynolds avoided stepping on the gnat-like little people who seemed to always be draped on his arms as he worked the post and nailed the outside shots. Pete Reynolds used blazing speed and savvy finishing moves to show us how youth and finesse look together. Caitlin Grant was torched a bit on the defensive end but came back strong with her outside shooting. Boyfriend Zack Williams had a number of impressive putbacks and shots in the lane. Lawson McElroy came in cold but when he warmed up he was impossible to stop in the lane. His brother Aaron Burnett did his coldly efficient ball distribution and finished at the rim. Tom McManimon had several fantastic finishes at the rim which resulted from his constant cutting into the lane. Bill Riordan, in his 2nd week back after a nasty ankle sprain a few months back, immediately made an impact by blocking shots and stealing passes, and he drove at will on the offensive end. His son Dan Riordan showed good speed and outside shooting before he retired early with a bum foot. Amanda Haines rejoined us after a long absence and once she found her range punished anyone who failed to guard her cuts and turnaround jumpers in the lane. Kevin Drulis graciously accepted his usual fouls while putting in a number of impressive shots in the deep post.

As for this reporter, I had just returned from my injury two weeks ago when I had to take a break due to some family obligations, so my return to form has been delayed. Nevertheless, I had a lot of energy until the last game when my cuts to the rim were slower and my shots off the glass at full trot failed to connect. The early drives were dropping and my contribution was marred only by a few lapses in defense as the young guns ran circles around me. I should have a chance to play one evening this week and again this weekend, so by next Monday I will hopefully be a step faster and a few pounds lighter.

The temperature in the gym was just short of boiling, so next week bring your foil suit and we'll all lose 25 lbs on the court! See you then.

Incarnation Hoops Update - 4 May 2009

2009-05-05T13:26:00.006-04:00

Happy Cinco de Mayo day! Or is it Feliz dia de Cinco de Mayo! Or should I say, see you at the bar later! We held our own celebration last evening at Incarnation as twenty (20!) players showed up to do battle. Since I'm out of the habit of blogging the hoops recap and recapping 20 players' contributions will take time, I'm skipping it this week, other than to applaud those who showed up:

Kevin Drulis
Leo Stinson
Mike Seipp
Greg Adamsky
Mike Slom
Erin Drulis (welcome back!)
Tim Grant
Lawson McElroy
Mike Reynolds
Brian DeVaney
John Stracquatanio
John DeVaney
Caitlin Grant
Tom McManimon
Rich McLaughlin
Bob Mark
Aaron Burnett
Dana Williams (welcome!)
Pete Reynolds

As for this reporter, it was my 3rd session back on the court after last Monday's run and a Sunday morning run at the health club. I'm confident my injured right foot is healthy again, as I spent the night driving the lane without fear. The outside shot wasn't as consistent, probably because with 20 players we switched to the side courts which lack lane markings. Next on the list to recover is my svelte figure -- with 2+ plus months eating bon bons on the couch, I've lost whatever conditioning I had. Time to get back into regular rotation at the gym!

Some are concerned that we've had a few 20 player (or more) sessions lately. I'm not overly concerned. We have an overflow solution with the two smaller courts, and as the weather turns nicer we'll start to see some players less frequently. So plan to be there next week and whether we have 10 or 20, a good run is guaranteed for everyone. See you next Monday at 7 PM.

Incarnation Hoops Update - 27 April 2009

2009-04-28T06:04:00.004-04:00

It was a sweltering 90+ degrees on the court last night as 11 players battled to a 2-2 tie. Leo Stinson was scoring on his pull-up jumper. Kevin Drulis was scoring in the paint and running the length of the floor to finish drives. Tim Grant had a number of shake and bake baseline jumpers. Mike Seipp drove hard both ways, putting in jumpers and drivers. John DeVaney was left alone on the wing and converted several open threes. Lawson McElroy spun his way into the paint time and again for some tough inside points. John Stracquatanio drove freely all night, and hit his rainbow jumpers. Lou Perrochino worked the open jumper and passed off to open cutters. Caitlin Grant finished with a flurry of outside shots. Tom McManimon put up step-back jumpers and played tough defense.

As for this reporter, it was the first time back since a February injury so expectations were low. I picked the right night and the right crowd to ease back into things. The first made basket was a turnaround off the glass from the right block; the last was a breakaway layup. In between were several assists and several turnovers that started out as assists! The foot feels fine, though it's not 100%. And of course I now need to shed all the excess baggage that comes from eating poorly and not exercising for over two months. But all in all, a successful outing.

Seven players convened at the Firkin afterward to rehydrate with some of that sudsy amber-colored beverage. Of course some of us enjoyed a tall Captain & Coke (with lime). It was nice to be back among friends. See you next week!

What's More Important - Business or the Law?

2009-04-21T10:08:00.002-04:00

Should businesses equate the law with their break room coffee service?

After all, most businesses provide coffee in the break room yet there is far less hand-wringing in the board room over the plight of coffee vendors, or how technology is disrupting the traditional means of production, or whether the coffee producer’s billing models appropriately reflect the value of the product, or whether globalization should displace the role of traditional suppliers, and so on. So maybe it's unfair to equate law with coffee. But it’s also unfair to saddle business with the burden of sustaining an inefficient legal marketplace.

See the full post on my professional blog.

How to Make the Complex Simple

2009-04-20T18:34:00.003-04:00

Have you ever read an article, or a memo, that is five times longer than it needs to be to get the points across? Imagine you bill for your time but still being asked to spend a few unbillable hours reading a memo because your colleagues aren't able to condense or distill large volumes of information into precise summaries. It's hard work to write less. But it can and should be done well -- in business, in law and in every field.

Read the full post on my professional blog.

When Business Managers Meddle in the Legal Department

2009-04-16T00:24:00.003-04:00

Should in-house lawyers allow their internal clients, the business managers, to micro-manage the law department budget? Should business people be allowed to help select outside counsel, to sit in on transaction or litigation updates with outside counsel, or even to attend trials or participate in negotiating sessions that are beyond business issues and deep into legalease?

When we in the business ranks meddle, it’s because funds inefficiently diverted to the legal function create an opportunity cost elsewhere. Let us behind the curtain, because we might have something to add. And what’s the worst outcome? Perhaps after a day of sitting through law firm presentations we’ll end up like the young teenager whose parents provided her first cigarette. While choking and turning blue, she exclaimed, “What a stupid idea. I won’t try that again.”

Read the full post on my professional blog.

Commuting Hassles

2009-04-10T05:44:00.004-04:00

I recently began commuting to a suburban Philadelphia office about 45 miles from my New Jersey home. I am a seasoned traveler, but it's been a few years since I've commuted primarily by car. On most days this commute takes an hour. I'd forgotten what an annoyance rush hour drive time can be! The last two weeks of this commute I've driven my wife's car, a standard transmission sports car, which has added to the pain. Some observations:

"Terrestrial" commercial radio is dead. Put a fork in it. In my own car I'm accustomed to listening to my Sirius satellite or my iPod, which is loaded with over 10 thousand songs, books, comedy routines and podcasts. As a last resort I have a CD in my changer. The satellite receiver in my wife's car is broken, her CD changer is full of hip hop music that makes my teeth rattle and there is no iPod connection. So my only choice is old-fashioned radio. I like two music stations, one from a local college with a weak signal that fades quickly, and one from Philadelphia. I also listen to sports talk radio and NPR. Everything else sounds the same. And with the exception of NPR, the stations will play one or at most two songs before launching into an endless litany of commercials. The other day on the sports talk show I counted nine 30-second commercials in a row. And I like NPR, but you can only hope that you will enjoy whatever 10-minute "special interest" segment they choose to play... unique bird calls, the increasing variety of smokeless tobacco products directed to kids, how society coddles pets, and so on. Some days, I find it's better to turn the radio off.

Traffic jams happen when roads built for lower volume are over capacity. But why do so many people knowingly contribute to congestion by sitting in the left lane? I know, every comedian by law must riff on airline food and left-lane drivers so this isn't a novel observation. But still, those of you who drive 10-15 miles per hour slower than surrounding traffic and attract tailgaters and rage-inducing detours around you to the right, is it that you don't notice or that in your anonymous vehicle you simply don't care? Traffic is not a random occurrence, but it's exacerbated by those who don't adjust to their surroundings.

The last two days my one-hour commute has more than doubled, as traffic accidents have interrupted the flow. Two hours and ten minutes to come home yesterday, two hours and twenty minutes the day prior. On the first day, I was about a mile into a several mile long 3-lane wide crawl with periodic dead stops when I noticed a PennDOT truck with a sign on its top parked on the right shoulder. The sign flashed "Accident Ahead. Be Prepared to Stop." Now surely the driver could observe that traffic had already stopped, and was stopped behind us far into the distance. Wouldn't it make more sense to park that warning a mile before the previous exit, which would allow commuters to make a choice and select an appropriate detour? I see this recurring pattern all the time - notice of an accident or congestion, if there's any notice at all, appearing too late to do anything about it.

But, you might be thinking, why not turn on the radio, endure the endless commercials in the hopes of hearing a traffic report. Well, I try. But even then I'm thwarted because the local radio stations assume intimate knowledge of the nicknames and geography. Don't they realize that if you're unfamiliar with the area, what you need is route numbers and context? I'm learning that the Pennsylvania Turnpike could be any of 3 different route numbers (at least) depending on where you are, and apparently the only way to know which they're referring to is by the exits. But the exits don't always list the towns, so you have to know where you are on a map, I guess. What's a Conshohocken Curve? How will I know when I'm on the Blue Route? On a highway circling Philadelphia, why is the one they call the Philadelphia exit the farthest one from the city? Yes, we have a portable GPS and I should start bringing it with me, but I only have to make like 4 or 5 turns in 45 miles so on a normal day it's overkill.

And these last two days have confirmed for me that I will never, ever purchase a standard transmission for my car again. It's fine for my wife, but when her broken foot heals and she can drive a stick shift again, I will gladly give up this little sports car and revert to my sedan. Constantly shifting while puttering along at 5 mph for 90 minutes is likely to give me unseemly Popeye-sized leg muscles. Sure chicks dig it and all, but if I'm going to attract attention I'd much rather it be in your rear-view mirror, so you'll move over and let me get home.

A Note on RFP Responses

2009-04-08T17:18:00.001-04:00

In his excellent blog “Set in Style” that demonstrates how lawyers can become better writers, Mister Thorne suggests today that responses to an RFP (request for proposal) are ineffective when written poorly and contain primarily propaganda about the law firm, rather than something interesting, innovative and compelling. Bullet points don’t replace good prose, and the assumption that no one reads anymore is false. Thorne quotes an article (original author not provided):

“If the content is truly interesting and valuable to its audience then you should have no fear of lost readership as a result of communicating in well written prose.”

This calls to mind a time when I was managing business development efforts for a BigLaw firm. I retained an experienced proposal manager to help us clean up our disorganized RFP response process, and move us toward client-focused needs analysis as the basis for our proposals. She was wholly ineffective. As one senior partner and department chair expressed, “This isn’t rocket science and we don’t need a high-paid professional to do it. List our past deals, attach our bios, fill in the blanks on the RFP and we’re done. This has worked in the past and will work in the future.” Perhaps he confused high demand with competence?

His work has since dried up. The proposal writer is now successfully assisting another law firm take work away from the BigLaw firm. When demand declined, the partner’s template responses that highlighted his experience were ineffective at winning the work from competitors who place the client’s needs above all else, and in their RFP response offer specific solutions and techniques. THIS is interesting to the prospective client, and will ensure a full read-through.

Vendor Participation at Industry Conferences

2009-04-08T17:12:00.003-04:00

Some years ago when I led a company that was a prominent vendor and sponsor of a certain business community, I would regularly take the community's industry association to task for its tone-deaf and heavy-handed approach to vendors. They listened and today the association is far more receptive and embraces the involvement of vendors and suppliers. Don’t get me started on other associations which appear to regard vendors as evildoers whose role is to send money and logos in return for some token table scraps.

I recently attended that industry association's annual conference, and I had an enjoyable time. But did the service providers and vendors find it to be a worthy investment? Wearing my vendor hat, I walked the exhibit hall and I also observed vendor interaction elsewhere throughout the conference. My take: Some might not have found the conference to be a stunning success... but perhaps a look in the mirror is in order.

My commentary on vendor participation at industry conferences is here.

Don't Let the Terrorists Win! Leave the Calculator Home!

2009-04-08T08:06:00.008-04:00

I was sitting at my desk yesterday and I needed to do a Present Value calculation, and it was easier to grab my old calculator from the drawer than to fire up Excel on my slow home PC. I don't use a financial calculator much these days, but pulling it out called to mind a vivid memory from my visit to a small airport in the months after 9/11.

Business travelers will no doubt remember the tremendous hassles put into place at airport security after 9/11. You could carry almost nothing through security, and anything electronic had to be turned on and off to prove to the security officer that, well, that it could turn on and off I suppose. (Was this step designed to thwart the terrorists who were clever enough to plant a weapon in a laptop shell but not skilled enough to reconnect the electrical supply?)

Powering up a laptop was a particularly insidious and onerous chore. We travelers wondered, doesn't anyone at the newly formed TSA own a laptop? Do they know how long it takes one of these friggin' things to boot up? And once the Windows splash screen displayed, that was enough to prove whatever it was they wanted us to prove, so before it even fully booted we'd shut it down again. Does anyone recall what sort of file corruption that used to generate in Windows 95?! And just imagine the commotion when the battery died. In addition to being taken from the line as an imminent security threat when the laptop failed to power up, the simple remedy of plugging the laptop in using the power cord was often delayed because the only electrical outlets near the security line had big X-ray machines plugged into them!

My favorite experience occured in a regional airport. I won't pick on it by name, but suffice it to say that the security staff at many of the smaller airports take their jobs very seriously, presumably under the theory that "The next time the terrorists won't come thru Boston or Newark but will target a small airport thinking we'll be an easy mark... and we'll be ready for them."

After waiting 45 minutes in a line of about 20 people, it was finally my turn. After putting everything through the X-ray scanner, the security officer then pawed through every pocket of my briefcase, pulling out every single electronic device, asking what it was, rotating it to look at all sides, then carefully setting it aside as if it were a Faberge egg. I typically carry a lot of electronics, and so I had a Palm Pilot, a handful of international power adaptors and converters, networking gear, my laptop and accoutrements and my calculator.

When the officer finally reached the calculator and asked me what it was, my impatience finally burst forth. "It's a calculator!" I cried. I mean no disrespect to airport security officers everywhere when I assume they aren't intimately familiar with a typical financial calculator, which has a lot of buttons with obscure labels. But right there in the middle are the usual numbers and arithmetic functions which anyone with a high school degree should recognize. It's a big calculator, but it's a calculator nonetheless. The officer didn't take kindly to my outburst and snapped back, "What's your hurry? I'm trying to do my job here!"

It was now approaching an hour from when I first stepped in line. Naturally, people who had entered the line behind me were already working on their 3rd cocktail at the sole airport bar. They were lucky enough to be directed to the only other security line at this small airport, which by comparison was moving travelers through as if it were an Al Qaeda recruiting reception. My agent was evidently single-handedly trying to redress the wrongs of airport security officers everywhere.

"I'm in a hurry to catch a plane, which is the only reason I would be here," I cleverly retorted. The agent then proceeded to carefully and deliberately press each button on the calculator, trying to make it come alive. I don't recall the brand but I don't think it's novel or uncommon for a calculator to be solar-powered, is it? Mine has a little solar receptor bar at the top which allows it to work just fine in almost any lit room. For whatever reason, the security officer wasn't able to turn it on. After several unsuccessful attempts, she reported that the calculator would not be allowed through security. At this point I grabbed it from her hands, held it up to the light, pressed ON and showed her that it was operating just fine. "It's solar powered, look, when you hold it up to the light you can see it come alive!"

I then started to put my possessions back into the briefcase. (Most airports instructed the officers to put things back for you, but savvy travelers know that it's far more efficient to do it yourself, or else you end up with a full bag and handfuls of things that no longer fit.) The officer shrieked, "What are you doing, I haven't released you!" and I snapped, "I'm leaving. You've checked everything twice. We're done here."

At this point a police officer wandered over from his post at the wall where he had been preening, with his many-pocketed pants tucked into combat boots and toting some kind of impressive, shiny black machine gun in his burly arms. He seemed amused by the ordeal, asking if he can be of assistance. As I packed my things, I explained that the security officer had completed the laborious search and I was leaving to catch my plane. He allowed me to proceed as he asked the security officer if she had any objection. Practically in tears she looked at me and bleated, "Doesn't 9/11 mean anything to you?!" A supervisor came over (where had he been all this time?) and walked her to a curtained-off area where presumably he encouraged her to take her lunch break.

I'm not heartless, and I understand she was doing her job. But she stands out in my mind as the epitome of what fear and dogma combined with a little bit of authority will do to a person. I hope by now this airport security officer has found a less stressful job. But just in case, the solar-powered financial calculator will stay in the desk drawer where it will have little opportunity to be an instrument of terrorism.

The Author on YouTube

2009-04-06T16:52:00.003-04:00

Though I have managed to avoid being captured on YouTube while in compromising situations, it appears I have finally been captured in a work setting. While attending the recent Legal Marketing Association annual meeting, I was interviewed by Incisive Media, the preeminent legal publisher formerly known as American Lawyer Media. I don't usually watch or listen to recordings of my speeches or interviews, so I can't tell you whether I drool or stutter or mumble, but I can tell you we did this in one take with no preparation other than, "We're going to talk about legal marketing. Are you ready?"

Click here to enjoy yourself at my expense.

A Note on Reducing Law Firm Associate Compensation

2009-04-06T13:23:00.003-04:00

A recent op-ed in the New York Times stated the obvious point, at least for readers of this blog, that some of the mechanics of the legal profession are in dire need of updating. The author specifically identifies associate compensation as a leading target for significant revision. But is it enough? I don’t believe reducing associate compensation, or laying off staff members, is even close to approaching the solution. Rather than limit the conversation to compensation and overhead and billing rates, it’s time to take a good hard look at how law is practiced.

For the full text of this post, please visit my new blog.

Law Firm Leaders -- Save Money By Cutting Marketing!

2009-04-04T08:36:00.003-04:00

One truism in any economic downturn is that marketers will unfurl the union banner which reads “Good companies grow share by expanding marketing while others cut.” Another truism is that business leaders, when faced with an economic slowdown, will often apply the cost-cutting scythe to all departments in the interest of fairness, suggesting that every department should bear its proportionate share of the burden.

You may note that these approaches are mutually exclusive. Both can’t possibly be right. However, both approaches, if interpreted or executed incorrectly, can be dead wrong.

The remainder of this post can be found on my new blog.

Recreational Sports Gone Wild

2009-04-03T21:00:00.002-04:00

My little hometown made national news recently. Last summer, during a rec softball game, players began talking smack, and this escalated into a scuffle, until one player sucker punched another player in the back of his head. The assailant fled into the woods; the victim collapsed and died. The assailant, a two-time prior felon, was recently convicted of criminally negligent homicide.

I grew up in a very small town so of course I knew the victim. He lived down the street, though we were a few years apart and ran in different crowds.

I play a lot of recreational sports. I also attend a lot of kids' sporting events. On the field or court or on the sidelines, I occasionally observe outlandish behavior from adult players or parents, seemingly unable to control their emotions. What sort of frustrating life would compel a player to sucker punch another, from the rear no less, over a stupid softball game? Or, as I witnessed two summers ago at an 8-year old girls soccer game, a father pacing the sideline shouting, "That kid purposely knocked down my kid. I'm going to find her father and kick his ass." (These were 8-year old girls!)

I have thrown out exactly one player from the pickup basketball league I have helped to run for many years. He seems like a nice guy, and I still see him occasionally at the gym. But his specialty is setting back court picks when a teammate pulls down a defensive rebound and turns up the floor to start the offense. As the offensive-player-now-defender turns to head upcourt as well, he runs into a blind pick. In a pickup game. With no warning. Setting and working through picks is a fundamental part of basketball. Since by design a pick catches a defender by surprise, teammates are coached to call out picks for others. This works well in an offensive set, but no one expects a pick after a defensive rebound. When this player set a punishing backcourt pick on a popular guy who was in his first game
back after a year of recovery from a knee injury, I nearly took his head off. He seemed genuinely baffled: "It's a pick," he cried "It's not a foul!"

I have no inside information on this criminal matter in my hometown. And I'm not particularly fond of frivolous litigation. But I'm told that the killer's teammates were aware of his prior criminal record. In today's society, this often leads to a negligence lawsuit -- as in, surely by allowing a known violent criminal on your squad you share some responsibility for the outcome. Even if a plaintiff in such an action doesn't prevail, it can be costly for the other player/defendants to mount a legal defense.

It's important to keep in mind when playing rec sports that we all have to go to work tomorrow, so if your desire is play the most aggressively (even if technically legal) physical game you can, perhaps you should find a league that suits your style. If you're unable to control your emotions, stay home. And finally, if one of your teammates is like this, on behalf of all rec players everywhere, I ask you to kick him off the team. The incremental wins or the plastic trophy that you get from having a talented jerk on your team simply isn't worth it. And I don't want to be a defendant because of your unresolved aggression.

Business of Law Content On the Move

2009-03-31T21:31:00.005-04:00

I originally started this blog as a simple way to communicate to friends and family en masse. In addition to the weekly basketball recap, I've posted family photos and commented on other activities in my family life. Over time, my professional life has crept in, and I've enjoyed commenting on the business aspects of the practice of law. In fact, many others have apparently enjoyed my comments because visitor traffic has skyrocketed and quite a few people follow this blog in their RSS readers.

Part of the "charm" of this blog is, presumably, that I am not all work or all play. Nevertheless, the time has come to split apart the professional commentary and launch a new blog. And so I have.

Effective immediately, most commentary on law firms, law departments, legal vendors and general business topics will be published on my new professional blog at http://corcoranlawbizblog.com. I will retain the existing commentary here, and in fact I may post some content in both locations. But by and large, if your interest in my comments is limited to the business aspects of the legal field, you should update your bookmark, RSS feed or Follow.

Tough Times Need to be Acknowledged

2009-03-02T11:10:00.008-05:00

Today's blog post by Dilbert creator Scott Adams brought back fond memories. He mentions a work group that ordered team mugs imprinted with an unintentionally inappropriate acronym.

Many of us have been part of these teams at work. A cross-functional team is pulled together to build a new product or tackle a major assignment and as part of the team-building process they order mugs or shirts with a snappy new logo or saying. Fairly harmless, except when the brain power exerted to come up with a slogan exceeds the effort directed to the project itself!

I had a related experience many years ago. The business I ran was a traditional print publisher poised on the precipice -- either retool and remain relevant in the digital age, or hide under the covers and hope for the best. A colleague and I decided to bring together a large group of our employees to share what we saw in the market and what it meant for our business, laying the groundwork for what would likely be years of fundamental change. The troops were not unaware of the market turmoil, but recent management changes and apparent random cost-cutting had left a wake of confusion. Our HR colleagues strongly recommended against sharing facts with employees (a stance to which they continue to adhere, presumably assuming employees left in the dark are productive employees). Since we were insistent on proceeding, HR decided to boycott the session so they wouldn't be held accountable for too much information sharing.

Essentially the message we wanted to send was one of hope. Yes the markets were battering us, and yes the corporate parent was tone deaf to our plight and continued to cut our expenses while increasing our revenue and profit targets, but nevertheless we had a plan to succeed and we needed everyone to pull in the same direction. Due to low morale, we had mugs printed with the slogan "The pride is back" alongside a photo of a majestic lion. Corny symbolism, but it served as one small token of the pride we felt in our history and our future. As with most tokens of this sort, many of the employees embraced the message, a few laughed and few weren't moved at all.

After a nice lunch and more than enough talking heads, we dismissed the employees back to their cubicles to finish out the day. By that evening, HR had convinced one of our new senior leaders that our slogan might be interpreted as a sign of looming trouble for our business. So later that evening they methodically visited each cubicle, taking away the mugs and destroying them. They left no note, no explanation, and refused to discuss the matter with me or my colleague. They would not acknowledge the mug theft program the next day when employees entered their cubes and found the mugs gone. Nothing was ever said. After all, if you don't speak about bad news, it won't happen. The symbolism of confiscating and destroying the mugs so the employees wouldn't lose morale had, as you might imagine, the opposite effect.

Several years of more profit squeezing and a determined failure to invest and I moved on. Since then the company has, naturally, lost tens of millions of revenue and profit, irreparably harmed goodwill with legions of customers, and been deemed irrelevant if not a laughing stock by industry insiders. A senior leader at the parent company predictably blamed prior management, claiming everyone failed to note the market changes.

How many business leaders today are afraid to speak openly about the challenges every industry and every business faces? How many leaders pay more heed to their "mug police" advising them to stay mum because potential legal liability or bad press is far worse than addressing the challenges head on, with conviction and bold action? Too many. Tough times should be addressed. The vast majority of employees are grown ups who manage to get dressed every day, raise their families, send kids to college, make it to work every day without the kindly mother ship directing their every move! Sharing tough times with employees doesn't mean you've somehow created a lifetime employment contract. They know there will be cost-cutting and even layoffs. But I'd much rather foster a work environment where employees know why things happen than one where we purposely keep everything secret out of a misguided sense of fair play.

This post can now be found on my new blog.

Incarnation Hoops Update - 23 February 2009

2009-02-23T23:57:00.003-05:00

I have no idea how many ball players showed up tonight. I wanted to attend, but it's impossible to drive with a large solid cast on your right foot and lower leg. Believe me, I tried. I made it down the driveway and scraped the side of the neighbor's car. Then I caromed off two mailboxes and one stop sign before coming to a halt in a ditch. Luckily I was able to extract the car and get home before anyone noticed. I hope no one reads this and traces the carnage back to me!

Careful readers will note that I have been nursing a stress fracture for some weeks. I had the green light to return to the court, but as it turns out my foot wasn't ready. Yesterday morning on the basketball court at the health club I landed hard and re-injured the foot, more seriously this time. I spent the day shuttling between two different hospital emergency rooms and the podiatrist's office and finally arrived home in the evening with a cast immobilizing my right foot and a shiny new pair of crutches. I'm told I can switch to a removable boot pretty quickly, as soon as the excruciating pain diminishes. Until then, I'm on the disabled list.

So this isn't much of a hoops update. I'll be out of commission for a few weeks but I'll try to recruit some eyewitnesses to report on the play while I'm out. And as soon as I can manage it, I'll join the crowd at the Firkin for a drink afterward.

Twitter Update

2009-02-21T18:02:00.004-05:00

About six months ago I joined Twitter. About 90 days ago I started to ramp up my activity. About 60 days ago I posted that I had very quickly become a NJ Twitter "elite" with a grade of 73 (out of 100) and 33 followers.

I tweet when I have a new blog post. Or I'll reply to someone else's comments on my favorite topics of law firm management, law firm technology or law firm marketing. I'll also retweet blog posts or articles I enjoyed. (For insight into the lingo, go here.)

There are techniques to increase your ranking and increase your followers. One technique is to follow those who follow you. With new tools such as TweetDeck you can quickly sort through the noise and focus on the Twitterers you like. But I haven't really availed myself of these techniques. As a consultant to law firms, legal vendors and corporate law departments, I suppose I should be following anyone who might be a potential client. But I'm not doing this solely for commercial reasons. I've already been asked by several clients to guide them as they dip their toe into the social web. So it helps to be up to speed and using the latest tools.

Nevertheless, my "popularity" continues to rise, and I'm humbled by the attention. Of course, there are some who have tens of thousands of followers so my puny few is nothing to brag about. But for the most part, I write industry-specific items to a limited audience, and the vast majority of my followers are part of that target community. I have a few odd followers (an apparent stripper, a heating & air conditioning repair shop, a chef) and for the life of me I don't know why they find me interesting. But they're all welcome and I hope I educate or at least amuse.

As of this moment, according to Twitter Grader I have 148 followers and a grade of 94. My ranking is 64,965 out of of 1,360,188 total Twitterers.

Below is a mosaic of my current followers. Welcome to the show!

Get your twitter mosaic here.

Are Buyers Irrational When They Don't Select Me?

2009-02-18T13:04:00.006-05:00

The other day Seth Godin posted one of his usual life lessons. The moral of the story is that buyers are irrational so no matter what you're selling be prepared to adapt to the customer's wishes... or find other customers.

Patrick Lamb followed up with the legal angle, cautioning law firms not to assume their "buyers," namely corporate law departments and executives, are irrational. In his words, "I AM NOT suggesting that clients are irrational customers. Far from it." He then follows up to declare that when the buyers have "(1) the money you want and (2) the power to decide whether to hire you or not, any discussion of rationality is wasted breath."

Patrick makes an excellent point. Semantics don't matter so much when the real point is to demonstrate value, to prove that you'll make their life easier.

But it might be helpful to define terms. After all, logic and rationality play a fundamental part in how lawyers -- both buyers and sellers -- think and act.

Lawyers often market their services as an exercise in logic: You have a business which has a need for legal services. You need to hire a law firm to assist. We have worked with companies like yours. We have smart, well-educated, experienced lawyers on staff to think through big issues so you don't have to. We have many offices and a large staff with cutting edge technology. We have worked on engagements addressing problems substantially similar to the sort of problems you're like to encounter in your business, if your business follows the pattern of our other, similarly situated clients. We have summarized our expertise into biographies and deal lists, and we show glimpses of our smarts by posting articles on our website. We charge a lot but we're worth it, for the aforementioned reasons. Our reputation will insulate you from criticism should forces beyond our control lead to an unwelcome outcome for the engagement. THEREFORE, we kindly await the arrival of your first engagement.

Or as one law firm partner explained to me: "We pitched them our credentials and we're waiting for the deal flow."

Surely a rational buyer can't object to the sound logic. And even if the buyer's reasoned analysis inadvertently allows a few competitor firms to slip into the conversation, we'll still get the work because we're demonstrably better.

When it's put this way, no wonder many law firms are too busy to actually learn about the client's business, because it's not the law firm's problem. At the law firm, it's our job to show how good we are. It's the clients job to figure out where we can help.

But buyers are irrational. They don't make decisions based solely on sound logic. Or at least not the logic we've outlined here. But that doesn't mean they act foolishly and without forethought, their decision process is rational in their minds.

Company executives and by extension their legal departments have business challenges. They need to defeat the challenges, work around the challenges or even learn how to live with the challenges. When seeking help, they turn to people who understand the challenges and the context. They seek people they trust, whose contributions are additive, in keeping with the business philosophy and risk profile, whose contributions are delivered in the manner that is most effective to the business. They seek help from people whose reputation for excellence is beyond reproach from a variety of perspectives -- including perspectives of many who have no legal domain epertise. They seek help from people they like to work with, who fit into the culture. And let's not kid ourselves, buyers seek help from people who have contributed in the past because sometimes they're too busy to research alternatives. They seek cheap when they otherwise can't explain why higher cost is better. They seek well-known names when there's no time to seek lesser-known names and low tolerance for a learning curve.

Is this irrational? Not at all. It's a rational process to decide who's the best fit. But best fit is defined by the buyer, not the seller.

Rationality is in the eye of the beholder.

Law firm partners, stop what you're doing and go find the last RFP response you submitted, or the latest pitch book, or the latest proposal letter you drafted. View it from the eye of the buyer. Have you incorporated any of his or her concerns, fears, desires or wishes? Or have you done a lot of describing yourself and your firm?

If a "best practice" proposal is 80% about the client's needs and 20% about you, then how close are you? What can you do to address this in time for the next proposal or pitch session?

What are you waiting for?

This post can now be found on my new blog.

Differentiation

2009-02-17T22:11:00.005-05:00

I spoke to a legal marketer today who is struggling with how to differentiate her firm from the many perceived competitors of a similar size, in a similar geography, serving similar clients. No question this is challenging. In the legal marketplace we tend to create even more obstacles because we focus inward... What do WE want to be known for? What messages do WE think will resonate with our clients? When we do look outside our four walls, we tend to look at peers or competitors for guidance (and assurance?) that our message is articulate, even if it's the same message everyone else is sending.

Over time, the leading law firms -- whatever their size, whatever their geographic reach, whatever their practice specialty -- will come to realize that it's the client's perception that matters. Their perception of the law firm IS the brand, and we establish these perceptions based on how we act, how we service their needs, how well we align our legal services to achieve their business needs, and so on. Branding and differentiation aren't merely about presenting a different look in our marketing materials or having a snappy tag line, though these tactics can be helpful. It's all about ensuring that when a client or potential client has a particular need, your firm comes to mind as the only possible advisor to get them through it.

Incarnation Hoops Update - 16 February 2009

2009-02-16T23:02:00.005-05:00

I missed last week, been a bit busy. Happy belated valentine's day to all readers. Hope you were able to snuggle with your loved one. Or at least enjoyed your own snuggie!

We had 18 players tonight, with some interesting matchups, some good up and down, and plenty of physical play. I don't have the energy to recap everything but some very quick notes on each player's contribution:

Rich McLaughlin - Nice to have him back, goatee and all. Nice outside shooting, good defense
Tom McManimon - Career night with multiple game winners, outside shots, cuts in the lane, and ferocious offensive rebounds
Pete Reynolds - Speedy guy on the speediest team, leading the break and finishing at the rim
Kevin Drulis - A beast underneath. Literally unstoppable, even with double and triple teams
Caitlin Grant - A little hesitant to shoot tonight, good defense
John DeVaney - Hook shot unstoppable tonight, and finishing on the break
Tim Grant - Slowly working in the deceptive spin moves on the baseline, and don't leave him open on 10-footers
Joe Yehl - Making all the right cuts, though a little trouble hanging on, and always looking for the open guy
Erin DeVaney-Reynolds - Left alone too often on the wing, makes you pay with deadly 3-pointers
Lawson McElroy - A beast in the paint, strong on both ends and vocal on D
Aaron Burnett - Deadly outside shot when he takes it, and deceptively quick into the lane when he wants to
Brian DeVaney - Didn't have to carry his team tonight, allowing him to feed cutters and finish breaks
Mike Reynolds - Making the skip pass, converting the skip pass, and cutting to the rim for easy finishes
Mike Seipp - Strong inside play, excellent defense, moves well off the ball
Leo Stinson - Unstoppable jumper curling off screens and tenacious defender
John Stracquatanio - Rainbow shots from all over, sharp passing for easy assists, solid defense
Lou Perrochino - Hesitated shooting, but some nice moves to the rim in a crowded lane

As for this reporter, as careful readers will note, I have a broken foot! The podiatrist recommended another week off, but I have no more pain when I walk so I was tempted to test it out. The trial run at PEAC went well yesterday, though I only played a couple games. Tonight I ran all night, had some tough defensive assignments and held my own while using up all my fouls, made a number of jumpers off high screens and converted a few offensive putbacks. I was thrown to the floor and mauled by Caitlin, or perhaps that was just me turning the ball over in spectacular fashion and looking for someone to blame! The foot feels good now, and though I'm sure it will ache some tomorrow it's clearly on the mend. I'll skip volleyball and my basketball league this week and give it some more time to heal. Soon I'll be dunking again! Luckily Mike at the Firkin was able to provide some liquid medicine to make the foot pain go away. I highly recommend an over the counter dose of Captain Morgan for whatever ails you!

See you next week at 7 PM.

Reduce Fees or Stay the Course?

2009-02-13T21:03:00.005-05:00

Much has been written lately about whether law firms should reduce their hourly rates, in light of decreasing demand and a worldwide economic slowdown. First the debate centered on whether firms should raise rates, and now it's shifted to whether firms should reduce rates. A prominent UK law firm partner was panned this week in some circles for rebuking his peers:

“You have to be very careful you don't treat your best clients worse than you treat those you are trying to get work from - it is a habit of lawyers to try to do that, and I think it is a particularly stupid one. Clients are not foolish themselves – they get wind of what’s going on, but they do not necessarily respect a law firm that comes round and says we will do the work that your existing law firm will do, but for a third less, because they might have doubts as to whether a firm is really able to deliver quality at a suicide rate.”

David Cheyne, Linklaters senior partner (C) LegalWeek, 2 December 2009.

Another law firm leader speaking at the same panel offered a rebuttal:

“Supply remains constant for employers pretty much, but demand is going down. That means you have to move your price. Good quality firms can move their price down and still be busy.”

Slaughter and May partner Nigel Boardman, ibid.

It's a challenge to reduce microeconomics to sound bites. But the statements aren't mutually exclusive. It is in fact true that given constant supply and reducing demand, price sensitive clients will gravitate toward lower cost alternatives. This generally holds true when there is little distinction among the alternatives.

Cheyne's point, I presume, rests partially on the premise that law firms delivering "best of breed" services do not attract price sensitive clients, and therefore demand for their services isn't directly influenced by price fluctuations in the same way that commodities are. To the contrary, a common observation of best of breed offerings is that there is often an inverse correlation between price and demand. The lower the price, the lower the demand. Buyers seeking quality and lacking perfect information to assess the alternatives will often use high price as a proxy for quality. (Most wine consumers follow this trend. Absent a taste test or a reference point, they assume high price equals better wine. You know who you are!) In this scenario, Cheyne's fear may be that by reducing price, a pre-eminent firm may invite comparisons to lesser firms, and where brand equity and quality are diminished and price is all that's left, clients will take flight to another quality alternative.

There is an implicit assumption baked into Cheyne's last point as well. It's already a sore point with clients that law firms report record profits at their (literal) expense, in much the same way that oil producers reporting record profits in a year when families can't afford to take a vacation due to high gas prices isn't palatable to the general public. If a law firm can simply reduce price and offer the same services, clients will suspect that (a) the firm has simply been charging them substantially more than it costs to deliver the services ("You've been gouging me all along, how do I know you aren't gouging me still?"); or (b) the firm will now lower its costs to deliver the legal services, such as by replacing experienced lawyers with lesser-trained young lawyers, and quality will suffer. Clients do not trust that law firms will continue the same quality legal services while simply absorbing the profit hit.

Can you blame them?

This note isn't intended to answer the question of whether or not to reduce rates. Every law firm has a different set of variables to consider. But it serves to illustrate that microeconomic discussions don't have to occur in a vacuum. A law firm shouldn't take action without explicitly understanding its clients perceptions. Law firms have extraordinary access to "point of sale" feedback from their client base, but many simply fail to ask.

Perhaps it's time to pick up the phone.

Benchmarks As Proxies For Intelligence

2009-02-13T14:53:00.004-05:00

There was a recent request on LMA Connect, the legal marketing association's discussion forum, for benchmarking data for paralegal and legal secretary staff to lawyer ratios. There are a number of good sources for this sort of thing, which savvy readers submitted.

However, I was compelled to provide a contrarian response.

I question the validity of benchmarking data like this, particularly in today's economy.

Human nature generally nudges us toward safe choices as defined by how many others have made similar choices. In many law firms, precedence is the dominant method of decision making mostly because it's the method learned by lawyers in the practice of law. But those of us tasked with bringing sound business practices into today's law firms have an opportunity to introduce more rigor into the discussion. This applies to many areas of practice management, but in light of the recent law firm layoffs and downsizings, it seems even more poignant when applied to law firm staffing.

I'd like to hypothesize why staffing ratio benchmarks might be a hot topic lately:

A benchmark for paralegal/secretary to lawyer ratio is undoubtedly of keen interest to law firm leaders entertaining the question, "Which staff positions can we eliminate to reduce our cost base?" The problem is, the ratio is a function of the nature of the practices, the current workload, the culture and productivity levels.

Practices that rely heavily on paraprofessionals, e.g., real estate, litigation, will carry different ratios than other practices. Some practices are busier than others, for example those addressing counter-cyclical client work. Those that aren't busy tend not to delegate work downward, so partners are doing work today that a year ago a mid-level associate might handle. And some cultures better exploit technology and knowledge bases to improve productivity levels, so their ratios will differ from competitors in the exact same practices.

In this light, it seems a trifle presumptious to believe that much value can be derived by examining staffing ratios compiled by surveying dissimilar firms in dissimilar markets comprised of dissimilar practices and targeting dissimilar clients.

Unfortunately, it's hard work for leaders to examine the organization's business processes and culture to determine the appropriate staffing ratios for their firm. But if the objective is to recalibrate capacity so it's aligned with current demand levels, with enough flexibility to adapt as demand returns, then it's sensible to roll up the sleeves. Too often, however, the objective appears to be to find a quick and easy rationale to lower costs by "bringing our staffing ratios in line with industry standards."

Cost cutting in an enterprise impacted by a recession is by definition necessary. Tough decisions have to be made. The law firm leaders who assess their enterprise in light of its long term outlook and make specific adjustments based on sound business rationale will have an easier time ramping up when demand increases than those firms using imprecise benchmarks to simply lower costs today without regard for tomorrow.

Business process re-engineering and improvement programs are more effective in the long run for aligning staff to workloads. These processes generally result in cost savings and are, therefore, often self-funding exercises. And we shouldn't have to repeat the growing theme (but we will) that law firms which find more efficient ways to deliver legal services are better positioned to implement alternative fee arrangements, which in turn lead to increased client retention.

These are not just good ideas for today's law firm leaders. They are essential.

Legal Marketing Expert Tim Corcoran Joins Altman Weil

2009-02-10T23:11:00.004-05:00

I'm sorry for the inherent vanity in the title. But it is the title of the recent press release announcing my arrival at a prestigious law firm management consulting firm (below). I'm pleased to join a fantastic group of people, many of whom I've known for years, several of whom I've hired for consulting assignments, and all of whom contribute impressive thought leadership to this quirky world of law firms that I've come to love.

I will migrate my law firm management and business commentary to a new blog shortly. Stay tuned for that.

LEGAL MARKETING EXPERT TIM CORCORAN JOINS ALTMAN WEIL

Newtown Square, PA, February 10, 2009 - Legal marketing expert Timothy B. Corcoran has joined the management consulting firm of Altman Weil, Inc. as a Senior Consultant. In that position, he will advise law firms on marketing and business development strategy and client relationship management. He also will work with legal vendors and service providers on market assessment and sales force readiness.

"We are extremely pleased to have someone of Tim's breadth of market experience join the firm," says Altman Weil principal Tom Clay. "His knowledge of law firms and their clients, as well as his sophisticated understanding of business strategy will be a great asset for Altman Weil."

Prior to joining Altman Weil, Mr. Corcoran was Director of Practice Development for one of the world's largest law firms, where he led all business development efforts, including strategic planning, market intelligence, client relationship management, proposal management and key client programs.

He has served as the CEO of a publicly-traded legal technology company where he initiated a successful turnaround effort including a reorganization of marketing, sales force and strategic business development activities.

He also held several key positions at LexisNexis, including Vice President of Sales & Market Planning for LexisNexis Client Development and Vice President & General Manager of the Large Law, International and Corporate Segments at LexisNexis Martindale-Hubbell. In those positions, he employed his deep understanding of the global law firm community to help large law firms better serve their clients.

Earlier in his career, Mr. Corcoran helped to launch Counsel Connect, one of the first social networking legal communities; he was involved in the design and implementation of the first wide-scale law firm website development business; and, throughout his career, he has worked to incorporate innovative technology tools into law firm marketing and business development processes.

"Tim's practical, business-oriented approach to legal marketing will be particularly valuable to our clients in the current economic environment," notes Charles Maddock, head of Altman Weil's Marketing Practice Group. "He will help law firms maximize the return on their marketing investment."

Mr. Corcoran is a frequent writer and speaker on law firm business development issues. His articles on the legal industry have appeared in Legal Week, Lawyers Weekly, Corporate Counsel, Corporate Legal Times and other publications.

He is an active member of the Legal Marketing Association, a Fellow of both the College of Law Practice Management and the Center for International Legal Studies, and an Associate Member of the ABA Law Practice Management section.

Mr. Corcoran received a B.A. from Saint Bonaventure University in Olean, NY and a MBA in Marketing and Finance from Rutgers University in Newark, NJ. He has completed post-graduate course work at the Harvard Business School Executive Program.

About Altman Weil
Founded in 1970, Altman Weil, Inc. is dedicated exclusively to the legal profession. It provides management consulting services to law firms, law departments and legal vendors worldwide. The firm is independently owned by its professional consultants, who have backgrounds in law, industry, finance, marketing, administration and government. More information on Altman Weil can be found at www.altmanweil.com.

Basketball Hiatus

2009-02-10T22:37:00.003-05:00

Careful readers will note that in several recent updates I've complained of a sore foot. A month ago I visited the podiatrist and he wrapped my foot, explaining that I have tendonitis. A returned a week later to repeat the process. But the second wrap was more painful than the tendonitis so I pulled it off and have been playing basketball (and volleyball!) a couple times a week since then and playing through the pain.

I expected the tendonitis to slowly fade, knowing that if I took a week or two off it would fade more quickly. It hasn't. So last week I visited the podiatrist again and we agreed to get an X-Ray. As it turns out, I have a stress fracture, a.k.a. a broken bone in my foot! The prior wrap was in the wrong place so it actually increased the stress on the broken bone! I had the choice of wearing a hard boot for a speedy recovery or wearing a better-placed wrap for a slightly longer recovery. I opted for the latter, because I have some upcoming travel and a boot is inconvenient. But this wrap is in the right place so I can walk normally and I'm without pain for the first time since the holidays!

But alas, I promised the doctor I wouldn't play any sports for a week or two. Poor me. Feel free to send get well gifts in the form of Captain Morgan & Coke (with freshly squeezed lime)!

Below you can see one of the X-Rays, which naturally I scanned upside down and didn't have the energy to fix. You can't see all of my defects in this view, but here's a partial list of what the doctor found upon review:

(1) Noticeable and chronic bone spurs on the ear of the heel and at the front of the heel
(2) High raised arch
(3) Some sort of odd open space along the big toe where missing bone should be
(4) Stress fracture in the 5th metatarsil of the little toe. It's already healing, which means I've been walking -- and playing basketball -- on it for weeks
(5) Signs of degenerative arthritis in the ankle
(6) Some sort of bone on the big toe is in two parts, but should have been fused at birth
(7) Second toe takes a hard right turn

USAirways Hudson River Landing Re-Enactment

2009-02-06T09:01:00.001-05:00

This is cool.

My Cool Kids Are Better Than Your Cool Kids

2009-02-05T00:34:00.000-05:00

Author and NPR commentator David Sedaris discussing his realization that the popular kids in his school were not universally popular:

"Call me naive, but it had simply never occurred to me that other schools might have their own celebrity circles. At the age of twelve, I thought the group at E.C. Brooks was, if not nationally known, then at least its own private phenomenon. Why else would our lives revolve around it so completely? ... But what if I was wrong? What if I'd wasted my entire life comparing myself to people who didn't really matter? Try as I might, I still can't wrap my mind around it."

When You Are Engulfed in Flames; Little, Brown & Company; Copyright 2008

A law firm managing partner recently asked me to meet with a senior partner to calm him down after his latest outburst over what he considered poor marketing practices. Apparently the partner is a BIG DEAL. Everyone knows him. Presumably his presence is one of the factors laterals and incoming associates consider when choosing whether to come on board. He's one of the top rainmakers. He's well known to both political parties and has been considered for high office several times.

Or so I was told by the marketer as we prepared for the meeting. I had never heard of him. I'm fairly knowledgeable about the legal marketplace, and his name meant nothing to me. Nothing at all.

The senior partner was as articulate and bright as I had been led to believe. He had a sincere desire to grow his practice. He believed that if the firm overall and the marketing minions in particular would simply act as he directed, his practice would thrive. The practice was doing well by any measure, except that in his view inferior firms with inferior talent were winning engagements that should come to him. Not only was the senior partner more accomplished than the competition (and arguably he was as good as he claimed to be) but the various General Counsel who had been hiring the competition were often his personal friends.

We quickly learned that the senior partner did not regularly reach out to his personal network. Many of his friends didn't explicitly know about his practice. Much of his practice consisted of referrals from past clients. And they appeared to be pleased with his work product. But he didn't land many of the noteworthy clients in the news who needed exactly what he offered.

To me, the challenge was simple. We needed to raise his profile. I was strongly encouraged not to express this opinion, because it would set the senior partner off on a rant. Furthermore, it was wrong. Everyone knows who he is!

In troubled times like these, we need to really question our own rhetoric. It's perfectly fine for a senior partner at a large law firm to believe he's well known and popular, so long as he understands the practical reality that his popularity often extends only to the boundaries of his own "school." There are plenty of other schools and they have their own cool kids.

Practicing law requires the application of logic. Senior partners like this one believe that (a) clients need well-credentialed counselors; and (b) I am a well-credentialed counselor; so therefore (c) clients will hire me. Makes sense. In recent times when demand was high, the phone rang, thus proving the theory. Trouble is, it's flawed logic.

We could apply this logic to another scenario. Analysts note that the number of drowning deaths at the New Jersey shore rise dramatically on days when vendors sell the most ice cream. The obvious solution is to limit the sale of ice cream. Eliminate the cause, eliminate the effect. However, clever readers will note that drownings and high volume ice cream sales both occur on days when the temperature is highest, which also corresponds to high numbers of beach visitors. More visitors, more drownings. As it turns out, ice cream doesn't cause drownings!

My advice to the senior partner: Work the phones. Reach out to your network. Author a blog. Write an article. Give a webinar. Deliver a speech to a trade association. Take specific, tactical action to inform your network about the work you do. Don't assume your prominence and popularity will automatically lead to new business.

Winning business isn't a high school popularity contest. And even if it were, it's safe to assume no one's ever heard of your high school. So go make some new friends.

Incarnation Hoops Update - 2 February 2009

2009-02-05T00:17:00.002-05:00

Hi all,

Busy week with no time for a full basketball recap. Just the essentials: Brian DeVaney's team went scoreless one game, probably the first time that's happened since Brian was 8 years old. Caitlin Grant wins the award for being ignored more than anyone while she's wide open. Lawson McElroy plays hard, sometimes too hard for our demographic. John DeVaney left early to tend to his wife, Diane. We all wish her well.

As for this reporter, my right foot is perpetually sore, and as a result of favoring it now my entire leg and knee are sore too. Time to go back to the foot doctor. It's hard enough losing speed from age. Losing it from a nagging but unexplained injury is worse. I made some open shots, passed well, and played okay defense. Nothing spectacular.

See you next week at 7 PM!

Continental Airlines: A Study in Service

2009-02-04T18:16:00.007-05:00

Over the years I have flown to a lot of places. As a result I have earned many miles and points from various airlines, hotels, rail lines, car rental companies and other assorted vendors to the business traveler.

I have countless horror stories. You've all heard them. Or something like them. It's part of our culture to mock airport security, or express frustration at airline pricing, or bemoan the inattentiveness that leads to lost baggage and is compounded by further inattention in returning it.

But today I won't discuss what's gone wrong. I'll mention a couple incidents that went right.

Continental lost my bag last week. More accurately, I had 12 minutes to make a connection in Houston and I made it but my bag didn't. When we arrived at the final destination, the gate attendant came on board and paged me, asking me to see him as I stepped off the plane. He apologized that my bag didn't make it. He gave me the specific name of an agent in the baggage service office who was waiting for me, ready to complete the lost bag forms. Since I was awaiting a colleague on a later flight, I first stopped at the food court and had lunch. Apparently I was paged several times in baggage claim, as I received calls and text messages from alarmed friends. Then I received a call on my cell phone. The baggage service agent had called my home, explained to my wife that she wanted to help me expedite my claim, and asked for my cell phone number. I spoke to the agent briefly, stopped by the baggage claim office to fill out the form, and in about 4 hours the bag was waiting for me at my hotel. Two days later I received a letter in the mail from Continental, apologizing for the mixup and thanking me for being a customer.

Last year was my lightest travel year in over a decade. This was a blessing. But also a curse. Veteran travelers know that losing "elite" status means waiting in long lines with extended families, students, sports teams, foreigners baffled by the cacophony and vacationers. As it turns out, I flew just enough to attain Million Miler status on Continental, which earned me lifetime elite status. I received a nice letter, a few related tokens of appreciation and another thank you for my business. At the exact moment I expected to have no priority status while traveling and would therefore be more of a price shopper than a brand loyalist, Continental secured my loyalty. Again.

This is even more pleasing because several years ago I asked Continental -- the reason why now escapes me -- for a running tally of my earned miles. The agent who responded via email was curt: "We don't divulge that information except by court order." I forwarded the unusual email to the head of OnePass, the loyalty program, who immediately apologized, provided the necessary information, and thanked me for my business. I suspect the customer service agent also received a scolding for not reflecting the proper service posture.

Continental still serves food. There are still pillows and blankets on the flights. Their rates are as good as anyone else's. These are good reasons to travel on Continental. But business travelers demand a high level of service, the sort of service posture I have come to expect and enjoy from Continental. So unless I move to a city which requires extraordinary effort to connect to a Continental hub, or unless the airline goes out of business, or merges with another airline and the service posture declines to the industry's lowest common denominator, then I will remain a fiercely loyal, and frequent, Continental Airlines traveler.

I thought you should know.

You Stink, I Stink, We All Stink - A Note on Accepting Responsibility

2009-02-02T16:52:00.007-05:00

Lots of noise lately about the billable hour, the dissatisfaction of corporate counsel, the awkwardness of every idle lawyer calling long dormant clients "just to say hello." Actually, only the volume has increased; these are the same discussions that have taken place for years.

It's true in every business, and no less true in the practice of law: if you don't like the service, don't return.

I once attended an excellent training class (shout out to the American Management Association) about 6 months after my promotion to manager after years as an individual contributor. The instructor gave the class a simple assignment. Take a clean white sheet of paper. Turn it sideways. Along the left margin list the names of your employees. Along the top list the competencies (skills) expected of the employees. At the intersection of each name and competency, rate your employees' performance as great, average or poor.

We gleefully went about the task, amidst snickering like "Boy, it turns out all my people stink" and "I wish I could get new people." As young managers heady with the wisdom bestowed on youth, we were as confident in our competence as we were dismissive of our employees. For most of us, there was no bell curve: most of our employees were poor performers in most categories.

Then the instructor dropped the bomb.

He characterized the grid as less an indictment of our employees than a report card of our own skills as managers. If we know what it takes to succeed in the roles, and we know which employees are not performing to expectation, then as managers we have an obligation to address the situation by providing the tools, training or alternatives so the employees can succeed. It's not just sensible, it's our fiduciary obligation as managers of the firm.

I can assure you, the room was silent as those of us who gave such poor grades to our employees realized we had just been our own harshest critics.

The object lesson is that if you know what the problem is and you don't do anything about it, then you're complicit in the outcome.

If the local pizzeria consistently forgets the mushrooms but you keep going back, whose fault is that? If you ask for your dressing on the side but the server perpetually delivers a drenched salad, why are you surprised? If you encounter the same slow service every time you walk into your local electronics retailer, then why not find a new retailer?

I'm not alone in enjoying the horror stories of terrible service committed by law firms against their in-house counsel clientele. I've moderated countess roundtables of corporate counsel and outside lawyers and I've been the instigator in asking for juicy anecdotes to liven up the "law firm bashing" session. In fact, there's one fantastic corporate lawyer who has spoken on several panels with me. Whether true or apocryphal, she has the most outrageous stories of outside counsel blunders and so I keep inviting her.

But this begs the question. Has she gotten any better at hiring outside counsel over the years? Does she fail so spectacularly in instructing her outside law firms that the outrageous outcomes should come as no surprise? Those that bemoan the billable hour, do they have such low standing in their organization that they can't negotiate an alternative structure and then defend this to the business owners? Is the average corporate counsel so lacking in credibility that when a deal goes sour his job hinges not upon the merits but upon the brand name of the outside firm he hired -- a name that in all likelihood (with apologies to BigLaw lawyers everywhere) most business owners don't know or care to know?

We're in this together. It's nice to see the usual dialog finding so many new venues. But these aren't new problems. Corporate counsel are as invested in finding a new model as outside counsel. Whether the billable hour is dead, I don't know (Bruce MacEwen has a perspective). But like that new manager grading his employees, are we ready to take responsibility for implementing the change we know is needed?

Let's all take out a clean white sheet of paper and find out.

You're Only As Old As Others Say You Are

2009-01-27T06:39:00.002-05:00

I learned of this hilarious site the other day, called HowOldAreYou.net. It's a beautiful marriage between the narcissistic web 2.0 world and modern technology. The premise is simple: you post your picture anonymously and people guess your age. That's it. You can check your counter to see your perceived age -- but be forewarned, the results may not make your day.

As of this writing, I am perceived to be 6 years younger than my actual age. I can live with that.

Click here to indulge your fantasy that you're all that.

Incarnation Hoops Update - 26 January 2009

2009-01-27T05:25:00.005-05:00

As January winds to a close, there's a temptation to stay inside and lay on the couch and keep warm. But 17 hearty souls braved the 20 degree weather to sweat off a little winter weight.

Bob Mark had his first 3-pointer in competition. With a crowded lane and his unselfish style he roamed the outside looking to feed others, but when he was open he took the shot. Tom McManimon had an MVP game in the middle of the evening, putting away several left-side drives in traffic, some from passes on cuts, others off the offensive glass. His step back shot was also working much of the night. John DeVaney worked his sneaky moves in the paint, pulled down rebounds, passed again and again for easy assists and shot the three when left open. Lou Perrochino ran the floor well and looked to pass rather than shoot early on. He generously gave up several shots in the paint where his jump shot is otherwise deadly, but made sure to show his offense before he left. On one drive he slithered all the way from the top of the key to the rim for an easy lay-in. Hank Van Slooten returned after a couple weeks away and chugged up and down the court, not seeing too many shots early on but playing excellent defense (including a clean block on this reporter). He was able to put a few away from the paint before calling it a night.

Erin DeVaney took her usual abuse (from this reporter, among others) but let her actions do her talking as she was deadly from outside, drove the lane at will, played stifling defense and earned countless assists. Aaron Burnett handled the ball for his squad much of the night, often walking it up instead of showing us the blazing speed that surprised us last week. He earned some good assists and finished at the rim on breakaways, though his long-range shot wasn't as effective as usual. Pete Reynolds used his speed and savvy to finish at the rim on several breakaways against excellent defense, stole the ball in the open court and drained several mid-range jumpers. Leo Stinson arrived a bit late after tending to his coaching duties, then schooled us with his picture-perfect jump shot after curling around a screen. His ability to drive either side forces the defender to make a choice about going under or following him around a screen, and when you go under he makes you pay.

Brian DeVaney had the whole package tonight, showing off his long range ability, with one particularly nasty game-winner in the face of two defenders from the farthest point on the wing. His drives in traffic, including his several reverse layups moving right to left, were unstoppable. Lawson McElroy arrived last but dove in and played hard, working the paint and shooting from outside. On one play he nearly obliterated young Caitlin who valiantly defended the paint, and then he played tough defense on the other end. Caitlin Grant missed some shots early but picked up the tempo on defense with several defensive rebounds and a couple steals, then made several layups and outside shots after drifting smartly to the open spot in transition, and had one beautiful offensive putback when forgotten under the boards. Mike Seipp had an excellent night, running the floor early leading and feeding the break, playing tough defense and working the ball to the open man. As always, if Mike gets anywhere close to the rim it's a guaranteed 2, or he's fouled in the attempt.

Joe Yehl arrived with a tender achilles which limited his playing time. Sometimes we forget how solid a defender he is until a sore paw limits his ability to make his rotations and run the floor. With limited PT his offensive stats were minimal. Kevin Drulis carried the defense, that's right, not the offense, as he was kind enough to bring whichever defender was draped across his arms right to the rim with him time and again without complaint. But Kevin likes nothing better than scoring in transition and Erin was kind enough to give him several perfect lobs in the lane where only Kevin could pull them down, and he easily finished with his soft touch at a full trot. Dean Gray brought his usual game where he plays at least 6 inches taller than you'd expect, with his jumping ability and excellent timing. He had several offensive putbacks in a crowded lane, somehow spinning the ball into the basket after an even more amazing feat of coming down with the rebound. His smart cuts in the lane, turnaround jumpers and excellent defense make his teammates better and frustrate his defenders.

As for this reporter, I'm still nursing some mild tendonitis so my speed is limited. I think playing more than 2 hours at the health club yesterday added to the tenderness. On one possession I had a clean steal but was caught from behind and the ball was poked away off my knee and out of bounds. I had several nice skip passes for assists, and two nice lead passes for breakaway layups, but I also lost a couple - oddly enough not forcing the ball into the lane, but dishing from the wing to the top of the key. I felt good on defense, and other than Erin scoring on me at will I was able to stop my guy on most possessions. I also had some offensive putbacks, using the pump fake effectively except for the one time two defenders landed on me. All in all it was a solid night, though I'm looking forward to a healed paw and maybe dropping a few pounds to reduce the stress on the feet.

Five charming, good looking and intelligent ballers convened at the Firkin Tavern afterward to watch Oklahoma topple Oklahoma State while we enjoyed a few wings and sampled the cold beverages. You too can be part of the cool crowd, all you have to do is show up.

Please note: If you haven't submitted your Spring donation, please do so next week.

See you next week at 7 PM.

The Demise of Circuit City

2009-01-21T15:51:00.004-05:00

Undoubtedly you've heard of Circuit City's demise.

I like to shop online, particularly for electronics. I've become a fan of Circuit City's process to order online and pick up right away at the local store. I'm sure other retailers offer this, but I've become accustomed to the process so even when prices have been slightly higher, I'm loyal to Circuit City. However, one thing that has always bothered me is the terrible front end service.

When I arrive to pick up my online purchase, there is no one at the pickup counter. Ever. I typically have to wait in the cash register line to announce my intention. This gives me time to observe the 3 or 4 customers in line, and the 7 or 8 cashiers or clerks or managers who are huddled at the front end near the one open cash register. I'm not sure what complicated transactions they're discussing, but it's usually intense and often involves a phone call to another section of the store, and periodically someone will run into or from the back room. Occasionally the complicated discussion interests the cashier, who will turn from tending to the current customer to chime in. No one seems to notice the line of customers. Ever.

When I reach the front of the line and declare that I have an online purchase to pickup, the cashier will point to the pickup counter and advise me that I need to check in over there, and then he or she will look to the next customer. This is when I patiently advise the clerk that no one is at the pickup counter, and suggest perhaps someone could be summoned for me. That usually does the trick. The cashier asks the group behind her for assistance, and one of the 7 or 8 busy workers will then look up in surprise ("What, another customer? Here? Now?") and then cheerfully and efficiently review my paperwork, fulfill my item and I'm out the door in 5 minutes. Well, 5 minutes after I attracted attention, but often 15 minutes after I walked in the door.

When a business sells a commodity, which by definition is differentiated primarily on price, it's important to add something to the mix so when the competition offers a lower price there is still a switching cost to the loyal consumer. For Circuit City, that's been the convenience of the online purchase/local pickup process. Despite the poor service I keep coming back. Come to think of it, the online process is the ONLY reason I've been loyal to Circuit City. I can imagine that other customers have sought out alternative retailers if they experienced the poor service that I've encountered. Hmmm. I wonder if there's a correlation between the service posture and the company's demise?

The local Best Buy store is about 3 minutes further from my house. I don't know where an online purchase might be picked up, if at all, but I'm sure I can figure it out. I can always revert to Amazon, where I have spent the equivalent of a year's income in the last 10 years. But that doesn't address my need for instant gratification. When I get back to spending money on foolish gadgets and extravagant electronics, I'll be looking for a new suitor. Who's up to the task?

You Like Me, You Really Like Me!

2009-01-21T10:44:00.010-05:00

Those words are a misquote attributed to Sally Field when she accepted her Oscar in 1985 for her performance in Places In the Heart.

In keeping with my theme today of just reacting to everything Rees Morrison writes ;-), today he discusses an ongoing dialog with Kevin O'Keefe, law firm blog guru, regarding the proliferation of LinkedIn as a means for learning about top law firms.

LinkedIn automatically aggregates content from members who have self-identified a relationship with a current or former employer. These connections, as well as other data gleaned from member self-reporting, form the basis for company profiles. Rick Klau provides a good overview here. As a result, LinkedIn provides intelligence about many prominent companies, whether or not the company representatives choose to create and maintain a profile.

If you're not using LinkedIn for networking and researching your next career stop, then you're apparently not trying all that hard!

On a personal note, I reviewed the LinkedIn profiles of three former employers a few weeks ago. On each, my own profile (here) was listed in the top 5 most popular (as measured by profile views). I find this endlessly amusing. I have about 400 connections, very few of which are vague or distant names, and I've been spending more time networking lately (see here for my comparison of LinkedIn and other social networking tools). But there are many folks out there who actively recruit connections and end up linked to thousands of people they've never met. That's not me.

One former employer is a law firm with over 2,200 lawyers. Law firm marketing is all about marketing the lawyers. Yet I as a former marketer at the firm have a more prominent profile than all the lawyers?

Another former employer is a player in the legal community, and it recently announced products and services specifically geared toward connecting lawyers using its network. This suggests in-depth understanding and use of the prominent tools in the field. And yet I, an executive who departed years ago, has a more prominent profile than most of its current staff.

UPDATE: I re-ran the profile searches today, as I suspect some of you will. My name has finally dropped from the list of most popular profiles at each of the former employers.

"We Hate Surprises"

2009-01-21T10:09:00.004-05:00

In a post today on his fantastic blog directed to corporate counsel, Rees Morrison describes the opening statement in a communication from a corporate General Counsel to his outside law firms. The statement emphasizes the need for prompt and full communication between the law firm and the law department.

This lesson cannot possibly be repeated enough.

I've had the good fortune to lead businesses. It's hard to forecast revenues and expenses well in advance (see here for some earlier commentary), it's hard to make progress when talented employees come and go (see here), it's hard to make profits when those confounded competitors keep catching up or overtaking us! Each of these presents uncertainty. Uncertainty is a fact of business. Some have even found a way to quantify uncertainty so it can be incorporated into business planning processes (see here, but have Advil and a very good calculus textbook on hand).

With the market presenting uncertainty all day every day, the last thing business owners want is another surprise, particularly those that are self-generated, particularly from its suppliers.

Most law firms add up revenues and expenses at the end of the year, and then decide whether to raise rates in the coming year. Problem is, the coming year has long since arrived when the rate increase notice is distributed in January or February. When's the best time to issue notices of rate increases? Late December? By Thanksgiving? In the corporate world, most managers have to submit all revenue and expenses for the coming year by the end of August, and several revisions will take place until we lock it down by early October. Anything past that date constitutes a surprise.

The same goes for budgets for ongoing matters. Sometimes costs exceed expectations. As a service provider, you shouldn't necessarily bear the brunt of overruns if your actions are in keeping with the assignment. But don't ever ever rely on the invoice to communicate the delta between actual and expected costs. Make a phone call. Make it long before the invoice is generated. Give the client as much runway to adjust accordingly. It may even impact their business decisions concerning how to proceed.

But it's not just about fees. We all know litigation is by nature unpredictable. That said, there is a finite set of potential outcomes. Each outcome has a financial and public relations cost. The savvy law firm helps its client identify and quantify the potential outcomes, within reasonable ranges. It's not just good client service, it also helps the client make business decisions. As I've written previously, most business owners don't consider legal issues in the same way that a law professor might, as an opportunity to explore fascinating areas of the law. It's merely risk management. What path gets me to my goal most expediently? Given my appetite for risk, what legal tactics further my business objectives? I may not even care about being "wrong" as long as the cost and PR impact are manageable. I don't want to be surprised if the legal tactics you advocate present unforeseen challenges.

By the way, if you're a lawyer and you don't explicitly know your client's appetite for risk, and how this shades his business decisions, and instead you provide legal advice based on what you feel is "right," then you might very well be the next to receive a surprise.

Talent Management - A New Way to Recruit?

2009-01-20T16:16:00.002-05:00

In an earlier post, I provided some tips to improve the recruiting process. One suggestion touched on preserving unsolicited resumes, or resumes that arrive when there isn't a pending opening. This step in the recruiting process is extraordinarily inefficient for both employers and job seekers. It's simply inefficient to submit a resume to the same employer each time it posts a relevant opening over a reasonable time period (say, 6 months to a year) and it's even more inefficient and costly for an employer to advertise and attract candidates for a new opening that is remarkably similar to a role that was recently filled. If only there was a way to connect the dots in some way so that resumes could be retained after a closed search and reviewed when a new opening comes along! What a novel concept!

In fairness, many organizations have evolved recruiting from a discrete, repeatable but isolated process into a continuous workflow where candidates come in and out and openings come and go. This is certainly a step in the right direction.

But recent schools of thought around talent management take it an order of magnitude further. Talent Management has different meaning to different audiences. For our purposes here, it refers to a continuous sourcing process rather than the professional development of valued employees.

In this context, employers actively recruit candidates without respect to the timing of openings. The process of educating and attracting quality candidates is a continuous process which helps to spread brand awareness, foster goodwill and maintain an on-call pool of warm candidates. In the corporate world, the large consulting and accounting firms, and whatever banks are left standing, sometimes use this approach. In law firm land, something resembling this approach is in play, but generally there has been a predicable hiring schedule (Summer Associates, then Fall Associates) so it's not as novel as it may seem. It's similar in concept to maintaining regular contact with the press even when there's nothing newsworthy to report.

Talent management suggests that recruiting is constant, and good organizations will interview candidates even when both parties know there is no presently available opening, and in fact nothing suitable may be available in the foreseeable future. But creating goodwill in the talent pool involves talking to quality candidates all the time. Sometimes it leads to jobs, sometimes it leads to excellent and well-informed referrals from candidates who have found a happy home elsewhere, sometimes it just increases brand awareness.

How does an organization, particularly a law firm, get started? First, understand that quality candidates may be in school or may be gainfully (and happily!) employed elsewhere. Set your standards high, target quality candidates -- or encourage quality candidates to self-identify -- and use the power of the web and other technology to "register" and then maintain contact with the talent pool community. Only quality candidates become part of the community (a law firm can establish minimum criteria as it does when posting specific openings), and then the firm embraces the community in much the same way as it does its alumni: regular news, events, tips & tricks, commentary, and so on. Some law firms embrace the opposite sentiment and, for example, routinely prune newsletter subscription lists of any competitors.

As opportunities arise, the requirements for a specific role can be filtered against the known talent pool and matches can be invited in to interview. This process can augment the usual law firm on-campus interview process, or even supplant it in the present economy. It can continuously generate fresh new lists of quality lateral candidates and keep the known talent pool warm until the right fit appears -- conceivably even a couple years down the road. But let's be clear, there's a real financial benefit obtained by reducing inefficiency in the recruiting process. Law firms with ready access to quality talent reduce or eliminate the huge cost of retained search firms and the online and print advertising fees typically needed associated with attracting new candidates when a position is available.

Face it, the supply (of lawyers) exceeds demand (many law firm layoffs). So there's no time like the present to explore new approaches to managing the influx of resumes, because those law firms in hiring mode have a greater opportunity to pick the best and brightest, and staying in touch with the best and brightest even if there's not a fit today is just good business sense.

I've had the occasion to explore some tools offered by cvmail, an innovative Australian company specializing in legal recruitment, but there may be others equally suited to the task. If your organization is not presently in hiring mode but you don't wish to drop off the radar of potential recruits, think about courting new talent while being completely honest and un-front that there's no present opportunity. In the nightclub scene, young people in a committed relationship will often "trade digits" (share phone numbers) with potential suitors to be prepared for that uncertain point down the road when they might be on the market. Why not trade digits with some quality candidates today?

Why Is Recruiting So Often So Painful?

2009-01-20T14:38:00.002-05:00

I've spent a lot of time with recruiters over the years. Much of my interaction has been on the buyer side, sometimes working with a name brand firm for a retained search, sometimes working with internal recruiters. At times I've been pleased, at times I've been disappointed. But regardless of my experience, it's typically across the traditional span of recruiting activities. Below, a couple suggestions for improvement. In a later post I'll briefly explore the new school of "talent management," which is to recruiting as NASA is to bottle rockets.

Traditional recruiting tasks undertaken by professional recruiters, and HR generalists, generally include meeting with the hiring manager to understand the role, advertising for the role, pre-screening candidates, presenting candidates to the hiring manager, interview logistics, advising candidates of yes/no decisions, serving as a go-between in negotiations, and pre-hire administrative tasks. Success requires organizational skills, discretion, empathy and business sense. Like so many other roles in our recently-concluded national wave of success, for some poor recruiters success has meant just showing up for work.

If we assume that companies will resume hiring soon, then here are a few suggestions for recruiters to improve the process:

Take the time to really understand the position. Titles are meaningless. Two jobs with the same title can be vastly different, even within the same organization. For example, sales roles can be as fundamentally different as programmers and network administrators, even though the former call on customers all day and the latter spend all day "on computers." It's okay to ask questions of the hiring manager. In fact, it's mandatory. Don't rely simply no the job spec that was copied and pasted from a similar position a year ago. Demonstrate that you understand the role as well as I do.

We advise candidates to have prepared questions. As a recruiter, prepare responses to common questions. Don't wing it. Don't defer the questions to the hiring manager. If you want to add value to the business, then learn the business. Who are the customers? What's the customer retention rate? Who's the competition? What market forces pose a threat? What are the revenue and profit trends from recent years? The company always wants to attract talented people who have a choice of where to work. You are the face of the company. Show it.

If you're an internal recruiter, treat the external recruiters with respect. If you're an external recruiter, treat the internal recruiter with respect. It doesn't have to be a competition to prove who's better. In my experience, the company wins when the internal and external resources work seamlessly. Remember, to you there are huge distinctions in what you do. To the business owners, you're all HR and you shine or fail as a group.

Above all, treat the candidate with respect. You will get unsolicited resumes. You will get unsolicited calls. You will post blind ads but creative job seekers will deduce the employer hunt you down. As a hiring manager, frankly I'm intrigued by such creativity and diligence so I might not object if you pass on the most creative candidates. If the timing isn't right, just say so. Sophisticated recruiters store resumes for future review in an advanced repository - a manilla folder! If the timing isn't right, save the resume and quickly scan the pile during your next search. Store the resumes 3-6 months and then toss. Rinse and repeat.

Set proper expectations for job seekers. If the interview process is weeks away, say so. If there's a pending offer to a competing candidate, say so. Allow job seekers to plan their time and make decisions accordingly. If the timetable changes (and it will!), be up front with pending candidates. Even better, you're allowed to call high-potential candidates to give a heads up.

Good job seekers will of course do their own research. But there's nothing wrong with preparing a candidate. If X and Y are critical, suggest he bone up. If X is important to one interviewer, but Y is important to another, it's okay to say so. Remember the hiring manager is (presumably) a subject matter expert. Advising a candidate what to expect can't overcome a line of B.S. if the candidate isn't qualified.

When a candidate is not selected after an interview, it's important to let him or her know right away. This means a phone call within a day. Not in a weekly batch mailing, not at the conclusion of the hiring process. Within a day. I'm sorry that you're busy. But you are the face of the company to someone we thought well enough of to interview, someone who's potentially going to stay in our field, someone who may be a future customer or competitor, someone who may be a visible voice in our marketplace. Treat the candidate with respect and she or he will move on with dignity intact, and retain fond memories of the experience (and our brand!). You may follow up with a formal letter within a few business days, but put forth the extra effort and make the call right away.

If you are so busy that your policy is to simply ignore candidates once they've been deemed undesirable, then please do us all a favor and find a new line of work. You harm our brand and you make the business owners look bad. If you're an external recruiter and I find that you use this practice, not only will I not rehire you, I'll recommend to my colleagues, friends and competitors not to retain you either. Here's why: desperate job seekers lie. They juggle multiple offers because they don't trust us to be candid, then when they choose to go elsewhere we lose time starting over. Unfilled positions have a huge carrying cost to the business! They waste your time too. Isn't it easier to make a 2-minute call than to spend time constantly deleting voice mails and emails from prospects who are waiting for word? Be humane. Job hunting is like sales: getting to a yes first requires getting through the no's. Help out a brother or sister by giving them a no so they can move on.

Unsuccessful candidates will ask why they didn't get the job. We've all heard the standard answers: "It wasn't you, a different candidate just had better credentials." Or: "They put the position on hold." Or: "They hired internally." Once again, our brand is at stake. Tell the truth, and be as candid as the organization's guidelines allow. I'm no lawyer, but I don't see any problem telling a candidate: "You interviewed well and you have good credentials, but the hiring manager didn't feel any chemistry." Or if there's a more concrete reason: "This role is stressful, and we didn't feel you acted well under the pressure of the interview process." Or: "Your career changes appear to be based on what your prior employers did or didn't do for you. Here we want our team to be responsible for our own successes or failures." And so on. It may require some thinking. It may require a debrief with the hiring manager beyond a yes/no. But to do your job, wouldn't you want to do this anyway so you can re-calibrate your expectations for the next candidate?

Resumes and cover letters will have typos. It's unfortunate. Every book about resume writing says this is the kiss of death. Hogwash. If the resume displays a startling lack of intelligence, toss it. Otherwise, get over your bad self. Typos happen.

Some quality candidates aren't presently working. Sometimes this means they left their former employer under a cloud. Sometimes it's for reasons that are entirely different. If you want to know, ask. Some recruiters as a rule don't talk to unemployed candidates. Get over it. Whether in this economy due to factors outside their control, or in flush economies due to a conscious choice, or sometimes due to chemistry, quality candidates are sometimes unattached. Give them the look their credentials deserve. Character flaws will appear in the interview process.

I didn't touch on logistics. I've been involved in -- as a victim or a cause! -- some egregious violations in protocol. I left a candidate at the airport without arranging a ride to our offices. I've left candidates waiting while I scurried through my overbooked day. But as a candidate I've also been faced with making life decisions based on sketchy information from harried potential employers, and sometimes I've been forced to make a decision based on which organization appeared to be more, well, organized. So the minimum obligation is get the candidate where he needs to be, on time and without hassle, and to keep the hiring manager(s) on time and on task as well.

Put yourself in the shoes of the candidates who are interested in your company. What service posture are they observing? What does your company brand represent to them? If the next candidate you meet is your CEO's nephew or niece, what will they report?

Ethical Choices of Leaders

2009-01-20T10:00:00.002-05:00

When I was a young sales manager, I attended a training session delivered by a fantastic veteran sales leader, Jim Hackett of the Bunker Hill Consulting Group, now deceased. Among several great lessons he imparted, the one that resonated most was his advice on how to act once I reached the corner office.

Jim advised the class that many leaders don't share the same goals as their sales team. Instead, many leaders set the sales goal higher than their own personal goal or the organization's goal. So, for example, the sales team may carry a $100M target while the organization's goal is $95M. What happens is that leaders place a little cushion between the actual goal and the goal assigned to the sales team, ensuring that even if sales are slightly off the organization will still meet plan. As each successive layer of management adds a little cushion, the goal carried by the sales team becomes even more disconnected from the reality of the organization's goals. You can imagine what happens. Sales reaches $97M, or falls short of plan, yet leaders up the chain enjoy increasing rewards for over-achieving plan. Unsurprisingly, salesperson compensation and advancement are adversely impacted.

It may sound naive, but when I heard of this practice I didn't believe it was that widespread. I was naive. I've since learned that nearly every organization I've worked at does this regularly. The practice is driven by two factors, in my observation: Many leaders don't trust their teams, which is of course a reflection on their own leadership style; and many leaders are too disconnected from the customer to truly understand the market forces, and thus they pad their forecasts to cover uncertainty. There's nothing illegal about such a practice, but my own moral compass finds it reprehensible.

However tempting it has been, however much we leaders can justify being rewarded for our hard decisions despite the organization's performance, I have steadfastly refused to take on a goal lower than the goal I have assigned to my sales team. During my years leading a sales team and eventually serving as GM of a division of a prominent multinational firm, I always carried the exact same revenue goal as my team. I don't know that anyone knew or cared, and I don't believe I should be rewarded for such a "selfless" act. I walked away from quite a bit of easy money.

So why talk about it now? Because Jim Hackett shared his wisdom with me and I feel obligated to pay it forward. Leaders face these decisions every day. Hopefully some recognize the inherent unfairness of enjoying performance rewards while the team deals with the fallout from underperformance. Understanding customers leads to better forecasts. If we hire and trust our teams, we should be willing to rise or fall with them.

Incarnation Hoops Update - 19 January 2009

2009-01-20T09:06:00.005-05:00

We were back to normal numbers last evening. 16 players tore themselves away from CNN's early coverage of today's Inauguration, braved the cold and came out to play.

If you haven't heard, this morning at 12:00 PM ET we will witness a peaceful transfer of power in the most powerful country on earth, an extraordinary and unprecedented convention in this history of mankind. More often, men in power do no let go despite overwhelming public opinion and economic pressures, as we are witnessing with Mugabe in Zimbabwe right now. Already today I've observed a handful of snarky comments from friends on Facebook, apparently in support of their preferred and now minority political party. Politics aside, all Americans should celebrate the strength of our Constitution and the love of country that our leaders possess which allows them to step aside according to the will of the people dictates.

Uptempo play and excellent matchups marked last night's play, as we had our own little celebration at the return of play to the long court. We started with 13, peaked at 16, then dropped to 12 to finish up. As a result, squads changed all evening but we managed to maintain parity.

Pete Reynolds showed his speed and finishing ability, as did almost as speedy Zack Williams, whose layups and mid-range shots in traffic were timely and effective. Tim Grant took on some of the tough defensive assignments, then contributed on the offensive end by roaming the perimeter looking for the open J. Mike Seipp played hard and departed early, securing a good work out while preserving the knees. As always, Mike runs the floor, dishes freely and moves to the open spot to drain open jumpers. John DeVaney lofted several hook shots, most successfully and roamed the 3-point line. Caitlin Grant took some good shots early then stayed busy chasing her defensive assignment. John Stracquatanio was defended closely but racked up assists and converted several wide open rainbow shots from a point normally outside his comfort zone. Kevin Drulis played carnival ride, lifting one, two and three players on his arms and giving them a ride to the basket as he laid in multiple tough shots. Jon Husch spent little time in the crowded lane, but licked his chops when left open on the wing and was able to convert from outside, then departed a bit early. Erin DeVaney-Reynolds played hard, taking her usual hard left-side drive but also putting her head down and juking her defender back and forth at the top of the key until she found daylight for a shot or a lane for an assist. On one notable assist, she bounced the ball across the lane in traffic to a driving Mike Reynolds for an easy 2. Mike made quite a few easy twos, but had his share of tough drives into a crowd. He was especially effective with a quick release off a low screen. Aaron Burnett drained several three-pointers from the wing early on, using his laconic stroke to keep the defender at bay, then showed his deceptive speed later in the night with two full-bore drives, one to the left, one to the right, on late breakaways. Lawson McElroy continues to work himself into game shape, and he had a number of excellent catches in the low post then used some savvy moves to get an open look at a well-defended basket. He also earned some assists while taking his turn at the top of the key. Brian DeVaney wasn't hitting from outside but his drives were picture-perfect, particularly his right to left reverse layup in traffic. Dean Gray displayed his savvy ball-handling and excellent rebounding, particularly on the defensive end, leading to easy shots at the other end.

As for this reporter, I've been nursing tendonitis in the right foot so I've cut back my schedule. I felt good on my Wednesday league so I braved the health club Sunday morning and I was in good shape most of last night. I've been getting smarter about taking the open shot off a screen when the defender slides under to guard against my usual drive, and it's always nice to start the night off with open looks. I had a number of rebounds on both ends, using pump fakes and fadeaways to put back the offensive boards. After poking the ball away from Caitlin I drove hard on a breakaway, only to have Zack catch up to defend Caitlin's honor. There was once a day when I wouldn't be caught from behind... but luckily Zack bit on the pump fake and I was able to convert. Finally, I had several good assists but had my usual turnovers throwing away a combination of bad passes and bad choices. All in all, it was a solid run, hopefully proving I can still play even when I don't have my usual speed.

For those who have submitted their Spring donation, thank you. For those who haven't, please bring it next week. For our recent arrivals, the donation goes to purchase athletic equipment for the school and, during the summer, to pay for air conditioning. College students and those out of work are exempt from paying, otherwise anyone attending 3 or more sessions in a season is kindly asked to contribute. Three other house rules we occasionally repeat -- bring a dark and a white shirt (no gray!); we enforce the over and back rule; and the sides, bottom and top of the backboard are all in play. For a refresher of all of our house rules, click here.

Enjoy the inauguration. It should be interesting to see if, and how, the tone of the nation and the world will change in the coming days. We could all use a dose of optimism.

See you next Monday at 7 PM.

Incarnation Hoops Update - 12 January 2009

2009-01-16T01:55:00.003-05:00

It appears the New Year's Resolution bump in attendance will last longer than anticipated. We had 22 players at Monday's session! I'm not going to list the players or the contributions, because with so many it's impossible to keep track. After two consecutive weeks, it's getting more comfortable playing on the short courts. It's a bit crowded with 5 on 5, the lack of lane markings takes some adjustment, and there are no 3-point shots without a 3-point line!

A couple observations: we have a "no gray shirt" rule in effect at all times. Please bring a white and a dark shirt. It's now white vs. non-white, it's white vs. dark! Repeat offenders will be forced to go "skins" forever!

We are collecting our Spring donation. If you will attend 3 or more sessions this Spring, we kindly ask you to remit $20 so we can purchase athletic equipment for the school. Recent events suggest that necessary purchases include a power drill to quickly lower and raise the side backboards, and official lane markings! College students and those temporarily on leave from gainful employment are exempt from the donation.

Finally, with large crowds and new faces we sometimes forget what a collegial group we have. We very specifically recruit new players who recognize that (a) we do this for fun; (b) many of us make mistakes that frustrate skilled players, but we accept everyone equally; and (c) we don't bark or coach each other when mistakes are made. I play regularly at the local health club where every other player considers himself an undiscovered Kobe, and in the summer I'll head out to the park where every player is about to sign an NBA contract. That's where we expect to hear barking and playground smack talk. Let's keep our tone more congenial. You know who you are.

For next week, if you have a hangnail or sore eyebrow, we probably won't miss you if you stay home! Actually, we'll make do no matter how many participants show up so come out join us for some fun. Also, bring your wallet because we'll be going out to the Firkin for a cold one afterward.

See you Monday at 7 PM!

Exceptional Service Starts With Setting Proper Expectations

2009-01-16T00:30:00.000-05:00

In earlier remarks I briefly clarified the difference between Marketing and Sales, two functions that are often confused because they operate hand in hand. There's a more important marriage of functions -- the critical alignment between sales and service, whether in a traditional business context or in a law firm. Simply put -- you can do a fantastic job touting your credentials (Marketing) and winning a new engagement (Sales) but you won't win a second engagement if you don't instill a sense that everyone who touches the client shares the responsibility for delivering exceptional service.

One of the most common mistakes many business people make, and law firm partners are no exception, is equating service with speed. Indeed, sometimes a client will call and demand something right away. But very often, I'd venture to say even most often, what clients seek is a quality response and a clear expectation when they'll get the response.

Let me explain. When Mr. Bigshot sends an email or leaves a message asking for clarification on a recent invoice, some variation of the following fire drill often takes place: a partner will immediately reach out to the c-level executives in finance, marketing and IT, and copy the practice chair and the firm chair for good measure. If Mr. Bigshot has used words like "mistake" or "error" in his inquiry or otherwise expressed some dissatisfaction, the partner will often "encourage" his colleagues to be even more responsive by using words that would make a sailor blush. There will be a few rushed calls and meetings, and half-formed explanations given, and a caucus among relevant partners involved with Mr. Bigshot will result in a discount to be offered, and a second discount as a fall back, because after all aren't all disputes really just about cost, and then the partner will call the client. Trouble is, it could take a while to gather the data, and in a rush it's not uncommon to have insufficient data to be properly responsive. And worst of all, Mr. Bigshot has no idea the partner has even received the email because the partner couldn't get back to the client without having the answer in hand.

In reality, this situation can often be handled differently and with a better outcome. The first thing the partner should do, the moment she or he can spare 3 minutes, is to call the client. Not email. Call. It's a simple discussion: "Mr. Bigshot, I'm in receipt of your inquiry about the invoice. So I can properly run down the answer, can you help me better understand the nature of your concern?" And then shut up. The client will repeat what's in his email and add a few more details. The partner's only response at this point is, "Okay, let me repeat back what I've heard. [repeat salient points] Does it sound like I understand what you're looking for? Good, then as soon as I hang up I'll gather my team and we'll look into it. When do you need a response? Ideally I'll need a day or two to fully research the issue but we'll work to your timetable if you need an answer more quickly."

A couple of things went on here: you've demonstrated concern by responding right away -- even though you don't yet have the answer -- you've played back the concern, and you've demonstrated that you'll be responsive to the client's timetable. Almost invariably the client will feel comforted and allow a day or two before he needs the answer... so you've also bought time to properly look into the matter.

This technique works in almost any customer service situation. Immediately call the client. Ask questions to clarify your understanding. Don't try to solve the problem on the phone (unless it's a slam dunk). Commit to looking into it. Commit to a time when you will call again with the response. It's all about setting expectations, and until you confirm it with the client, it's safer to assume the client expects the right answer in a timely manner than the wrong answer in a rush.

Aside from the above anecdote, there are other examples of what service means. I'll illustrate with a few examples:

My team helped a major package delivery company with a convergence process (reducing its outside counsel from a large number to a more manageable number). This company is well known and you see their trucks, stores and drop boxes everywhere. The RFP didn't explicitly say so, but it was assumed that law firm respondents who wished to win a position on the new preferred provider panel would use the client's delivery service, if not all the time at least when corresponding with this particular client. You know where this is going, don't you? Every law firm that shipped its RFP response to the client using a competitive delivery service failed to win the work. In fact, the responses never made it out of the client's mailroom, per the instructions of the General Counsel. Should we hold the law firm mailroom responsible? Well, no, though you'd hope the firm fostered a culture where an observant clerk could raise the issue. The partners and marketers involved in preparing the RFP response needed to see it through to the end.

In another example, a lawyer was proud of his connectivity, always touting that no matter where he was in the world he'd be reachable by BlackBerry and would return calls within an hour. As a result, he had his office phone forwarded directly to his BlackBerry which left him with no receptionist support after hours. Naturally, a client called and the lawyer didn't pick up, so the client left a voice mail. The client's need wasn't so time sensitive that it couldn't wait, but the client had been convinced of the lawyer's response time. When no response was forthcoming within two hours, the client called another lawyer. When the lawyer finally called back a few hours later (maybe he was in the air, or in a meeting, or in the hospital deliver room, it doesn't matter) it was too late. The client wasn't upset, just disappointed that the lawyer failed to meet expectations. There was nothing time sensitive about the request; it was the improper expectation that led to the miscommunication. Once again, it's not necessarily the speed at which one responds, it's ensuring that the caller has proper expectations for when he'll receive a call back.

I used to have a colleague who specialized in "lunching," which is the process of returning phone calls when she knows the client isn't there. She could leave a message to the effect that "I received your message and will call you back at X time with an answer." It was an effective way to signal responsiveness to the client, but without being pulled into the issue before she was prepared to do so. Be forewarned: use this technique judiciously, if only because someday a client will pick up when you least expect it and you won't have anything to say!

And one more anecdote that might appear to be from ancient history but is actually quite recent, and frankly fairly common. A client wished to call a lawyer. He was working late and he knew the lawyer was working late. Problem was, the client was in a hotel room away from his office and contacts so he poked around the firm website. The firm website didn't list direct phone extensions. There was no night receptionist. The phone system allowed a caller to type in a name but it didn't recognize the lawyer name. The client failed to reach the lawyer even though the lawyer was sitting next to his phone. In this case it was a series of missteps -- why in the world wouldn't the website list direct dials? It's okay in this cost-cutting age to forgo 24/7 operators, but then it had better be easy to type in a lawyer's name, and common misspellings should be anticipated and entered into the phone system. Every once in a while, ask someone unfamiliar with the firm to telephone your firm at different times of the day and ask to speak to someone. Test the user experience. Your clients are not the ideal lab rats for such things.

What's the Difference Between Marketing and Sales?

2009-01-16T00:22:00.002-05:00

A recurring discussion I have with colleagues in the law marketing space is defining the difference between Marketing and Sales -- or Business Development as we call it so the lawyers don't feel diminished. It's really not that difficult a distinction: Marketing creates awareness, and awareness helps generate opportunities for trials. In this context, a trial doesn't refer to the legal procss. In marketing a trial is when a prospect tests your product or service.

Sales is a process that commences with an identified need and ends with a purchase. It's most certainly not a process by which one coerces another into purchasing something they don't want or need.

In the law firm context, Marketing increases the visibility and name recognition of the firm (or lawyer), and educates the buyer about the firm's expertise in solving specific problems. And Business Development is the process of working with prospects or clients to identify and understand business challenges, then recommending a business solution that relies on the firm's legal skills.

Already I've used more words than I think the topic warrants. Marketing is about getting in the competition; Sales is about winning the work.

Unfortunately, too many of us in the legal marketing field confuse the two. Sometimes it's aspirational -- "If Business Development is the next frontier in my field but all I've ever done is Marketing Communications, then I'm going to re-label myself as a Business Development expert." But more often it's simply that those of us with formal education in the business processes of client acquisition have an enormous lead over the lawyers we serve, and as a result perhaps the distinctions don't matter as much as we'd think they should.

Managing Legal Directories, Lists and Rankings

2009-01-15T14:03:00.002-05:00

I had the pleasure to participate as a panelist on a webinar today discussing strategies and tactics for managing your law firm's presence in the various directories, and in particular how to improve your standing or ranking.

The panelists were:

Fiona Boxall, Managing Editor of Chambers
Rosemary Clancy of Incisive Media (ALM)
Mark Britton of AVVO
Our moderator was Elizabeth Lampert.

The CD-ROM of the webinar should be available soon from Incisive Media's LawCatalog here.

I will also shortly post a summary of my remarks.

Muzeview Ranks Law Firms' Web Presence

2009-01-14T12:21:00.006-05:00

In a post today, Above the Law summarized a recent report from Muzeview ("Intelligence For Professional Service Firms") which ranks the web efforts of prominent law firms. Muzeview analyzes the firms' websites in both qualitative and quantitative manners, observing such factors as search engine optimization strategy, visitor statistics, depth of thought leadership content and traffic. In addition, the firms' use of web 2.0 and social networking are important: "How much coverage the firm receives in social media, and the level of participation by a firm’s professionals in business-oriented social networking sites such as LinkedIn."

What's not surprising to me is that the usual BigLaw names appear at the top of the list. It's not surprising not because I think the ranking reflects their investment in web technology and adoption of social networking. Rather, on the surface I suspect it reflects the dominance of traffic and size as factors in compiling the ranking. In my days at a legal directory, we spent a tremendous amount of time poring over online statistics and generating reports for law firm clients. We would offer comparisons to peer firms (names redacted) to demonstrate the impact of different content on traffic. One thing we couldn't avoid is the impact of size on traffic -- so a mid-size firm that felt it competed with a BigLaw firm across town would always fall short in traffic stats. A firm with 1,000 lawyers simply generates more traffic than a firm of 150, even if the 150-lawyer firm is far better at search engine optimization techniques (more mothers searching their children!). Of course, there are exceptions. The point is that traffic plays a role, but it shouldn't outweigh other critical criteria.

Which brings to mind the social networking aspect. There are numerous discussions and critiques of the penetration of blogs and other social media in BigLaw, and now Twitter is the new frontier. Generally speaking, large law firms like those represented in Muzeview's top web presence index are slow to the web 2.0 party. Smaller firms, boutique firms, solos, generally are more effective, more quickly, using the web. Admittedly I haven't spent much time on Muzeview's site to understand the nuances. But my initial reaction is that this is a very good tool whose purpose is to show BigLaw how they stack up against other BigLaw on the web, and not to show which law firms --regardless of size -- maximize their web presence. Muzeview suggests the same on its site when it refers to the index as a resource for "leading law firms." Nothing at all wrong with that, it's Muzeview's sandbox. But it's helpful to know that even the top firm on this index may not represent best practices, or even barely tolerable practices, when it comes to embracing the web, particularly web 2.0, but being better than their peers counts for something.

The Dawn of Twilight

2009-01-14T11:51:00.004-05:00

In today's New York Times Freakonomics blog, Steven Levitt expressed his surprise to learn that one author, Stephenie Meyer, occupied the top 4 slots on the bestseller list. These books are, of course, the Twilight series, and relate the stories of young vampires living among us. Perhaps you've heard of it? The first installment hit the big screen just before the holiday, and every bookstore, bigbox retailer, online site and car wash (just kidding... I think) prominently displayed a table full of the 4 current books to capitalize on the holiday shopping season. Sure, retailers report that consumer spending is way down compared to prior years, but not for this series. You can walk into any bookstore today and still see at least one table full of the books, and board any subway, bus, train or airplane and you'll easily count 4 or 5 passengers carrying one of the distinctive black covers.

Unlike Levitt, I haven't read any of the books in the series. Haven't even been tempted. I've been dividing my time between Buyology and Artie Lang's Too Fat to Fish tell-all, but that's an entirely different post. But I have nothing but fondness for the Twilight series. My teen is an excellent reader but she rarely finds anything other than MTV's reality shows to capture her attention for very long. But on Christmas Day she spent from 10 AM to 8 PM reading the first book with only a short break to eat, and even then she had to be coerced to set the book down at the dinner table. She's since consumed the remaining books, as have all of her friends. My wife wondered about all the fuss, so she started and finished the series over the holiday break. All the cousins and nieces have read the books too.

Remember when the Harry Potter series and the Da Vinci Code hit the scene and caused similar stirs? I find it comforting that every so often, despite the obvious economic woes, people will spend their hard-earned money on a pursuit as worthy as reading. As someone who is always reading something, and always encouraging others to read, I'm pleased to see my family members take up a pastime that will never grow old and will never let them down. Vampire lore may not be my preferred topic, but if it enriches the reading experience for so many, then bring 'em on.

Galileo Was Wrong: The Earth Revolves Around Lawyers

2009-01-12T18:08:00.007-05:00

In BigLaw, there's an established hierarchy: Partners are at the top of the heap, followed by junior partners, non-equity partners, senior associates, associates, paralegals and then staff (although some C-level administrators have risen to a more exalted status). Where do clients fit in? It depends. Sometimes they are listed in strategy documents as more important than the partners, but generally we know this not to be true. In actual fact, few law firms rely on client needs as their driving force. Law firms are law firm-centric. In fairness, the legal market is at the tail end of a cycle of near limitless demand for legal services. In such a market, old clients or new clients will come calling no matter what you do, so it's hard to expect a change in behavior when it's so profitable to stay the course. But where clients are concerned, there is general agreement that the client's law department, represented by the General Counsel or Chief Legal Officer, is the appropriate focus of attention. By and large this works. Many business leaders aren't sophisticated enough to grasp the nuances of legal issues, so it's best to have a buffer between the businesspeople and the lawyer/counselors.

I don't buy it.

I've had the good fortune to lead divisions of publicly-traded businesses, and I can't recall a single instance where I or my colleagues felt insufficiently equipped to address business or marketplace issues and as a result needed to turn to our in-house law department or outside counsel for insights. In fact the opposite was often true. In over a decade of boardroom participation, only a few enlightened colleagues of mine regularly invited the General Counsel or law department liaison to our strategy meetings. These were the same leaders who invited the head of HR to attend as well. The feeling was, it's important for everyone to understand what we're trying to accomplish as a business, and what challenges we face, so everyone can execute their function in accordance with the agreed-upon goals. Very rarely did the HR leader or the lawyers have a speaking role in the substantive discussions, though they were expected to provide updates on their functional areas. This is not a slight to the in-house lawyers or HR professionals. It's merely a fact. In any enterprise there are those who formulate strategy and those who execute. The legal department and the HR departments executed.

On a number of occasions where we gathered with the board or executive team of an acquisition target in a secret location to discuss a business combination, we always invited the lawyers because there were items on the checklist that only they could handle. But they otherwise didn't speak much. When outside lawyers were invited, they sat next to the in-house lawyers and spoke even less. Again, none of this is meant to demean the important role lawyers play in doing deals, but the point is they were there to identify and quantify risks in executing the deal so the business people could incorporate this into the financials, or choose to build versus buy if the risk was too great. We never asked for a go/no-go decision, and we didn't ask for exhaustive explanations of the legal issues in play. We asked about the obstacles, the techniques to overcome the obstacles, and the cost of doing so -- and not the legal cost, i.e., the legal bills, but the cost to proceed. For example, I wouldn't want to know how much the law firm will charge to counsel us on new regulations; I wanted to know how complying with new regulations would impact the cash flow projections. Again, the point is, on the business side we rarely think of things in legal terms, but in terms of how legal issues impact our ability to proceed.

In point of fact, the earth does not revolve around the lawyers.

I met recently with the managing partner of a well-established mid-size firm. I was advised that he was brilliant, an incomparable mind in a firm of brilliant minds, which led to his status as the firm's lead rainmaker for a generation. Indeed I found him charming, engaging and clearly of high intellect. But his "secret" approach to winning business is simple and he knows it: he discusses business issues with his prospects and clients, always looking at things from a business perspective rather than a legal perspective. As a result, he has become a trusted business advisor to his clients, not merely a lawyer. This partner is held in high esteem by his colleagues, but many find his approach mystical and unconventional. I find it to be perfectly in keeping with the sentiment expressed above. Business executives don't need legal advice; they need to identify and quantify how legal issues will impact business decisions. This managing partner is concerned that not enough of his young lawyers get this point. I think he's right.

You may have heard about the brilliant dialog taking place on Legal OnRamp regarding the hoped-for demise of the billable hour, which picks up the gauntlet thrown down by ACC in its Value Challenge to change the in-house counsel/outside counsel dynamic. Along these same lines, a very smart colleague of mine, Ron Friedman, recently wrote a short discourse positing how a corporate CEO and his CFO likely came to the conclusion that finally, after years of waiting for the law department to reign in legal spending, it was time to change the game. It's a clever piece and you should read it. My only quibble is the premise for the conversation:

CFO: We need to talk about how much we spend on legal. Since our fiscal year ends in November, I usually have time over the holidays to do some real thinking. This year, I read up on the legal market. It’s not pretty. And I’m not sure our general counsel is the solution.

CEO: Ok, you catch me at a good time. Yeah, I agree our GC is not controlling costs. What can we do?

CFO: Legal costs keep going up, both in absolute dollars and as a percent of revenue. Other cost centers – HR, Marketing, Facilities, and even my own Finance department – have driven costs down as a percent of revenue. Sure, we face more regulations and law suits. But give me a break. Lots of articles report on inhouse lawyers complaining about costs. The GC response? Precious little beyond begging for discounts.

CEO: You’re preaching to choir. I hear lots of complaining about legal costs. The whole legal thing is like that movie Ground Hog Day with an even worse twist. Every day is the same but nothing ever improves, lawyers don’t learn from re-plays. It’s hard to figure out how a whole economic sector got so stuck.

CFO: Actually, it’s easy to see why we’re stuck. Who buys legal services? Lawyers. Where do our lawyers come from? The law firms we retain. Do our lawyers think the same as our outside firms? Yes. Are lawyers trained to manage? No. What do our inhouse lawyers do? Lawyering, not managing. So we’re stuck with buyers who share the same bad traits as our suppliers and who travel in the same circles. The hard question is how to get the system unstuck.

In my experience, it's very unlikely that a CEO and CFO would frame the issue in terms of the evolution taking place in the legal industry any more than we'd investigate changes in coffee bean production when looking for cost savings from the company's hospitality vendors. More likely the annual (now often quarterly) exercise to identify and reign in uncontrolled costs will eventually paint the legal department as the only function unable to provide and stick to a budget. I've written before about how division heads are required to submit revenues and costs 18 months in advance, incorporating whatever uncertainty we can and notwithstanding exogenous events we're held to these targets, and for acquisition or new product business cases we're often held to 5 to 8 year cash flow projections. However, we routinely receive reports from the legal department indicating that they can't provide even a broad range for legal costs for the usual transactional items, e.g., immigration, employment, real estate, etc., let alone pinpoint complex litigation or M&A costs. So a more plausible premise for the discourse above might be:

CEO: Have we identified the cost centers that have unallocated funding and swept them of all but the costs linked to our strategic priorities?

CFO: All but the legal department. They claim there are too many uncertainties to fix a budget beyond headcount costs, and even these may fluctuate depending on the volume of legal work.

CEO: Hogwash. Give them another chance to establish a budget using a decision tree or Bayesean analysis or whatever methods they feel are appropriate, incorporating the risks and complexity of our strategic priorities. If they can't do it, assign them a fixed reduction percentage and then tie the GC's bonus to achieving the funding envelope.

CFO: Done.

If this conversation hasn't occurred in the board room of most companies in recent months, it will. If you're a law firm partner, are you ready to help your client identify and quantify the risks associated with his organization's business strategy? Do you understand that if you are unable to participate in this discussion, there are many other law firms who are gearing up for this exact conversation? What will you be doing instead?

How Well Do You Know Your Clients?

2009-01-12T12:22:00.007-05:00

We all have a friend who's a name-dropper, someone who brags about his chance meeting with someone famous, or her close relationship with that girl in high school who went to be a bit player in a few sitcoms, or the guy whose brother is a roadie for today's flavor of the day rock band and boy does he have stories. I suspect we all do this to some extent, probably some vestigial need to be allied with the pack leader, but we all know someone who derives a giant thrill from proximity to fame.

This point was hit home to me as I was catching up with an old friend who's a Chief Marketing Officer of a global law firm. I mentioned that her name came up in an earlier conversation I had with a former colleague at a legal vendor. "Williams sends his regards," I said. My friend the CMO didn't know who I was talking about. "You know, William, he's a sales manager for Vendor Co., says he talks to you regularly. At least that's what he tells his colleagues and superiors. It's how he 'stays on top of the market.'" My friend the CMO finally recalled meeting him a couple years earlier at a conference but had no recollection of chatting with him since. My former colleague always was a name dropper, claiming to be on a first name basis with countless clients. When we occasionally asked him to call on his contacts to help us out, the client was invariably on vacation or busy with a project, thus preventing us from making contact. Now it's a bit more clear -- my colleague imagined a greater relationship with these clients than was actually the case. In many organizations, businesses and law firms alike, access and close relationships to clients is real currency.

There are any number of ways to define "knowing your client" but I'll illustrate with a few anecdotes about what it's not.

My old sales team used to attend a lot of industry conferences. We spent very little time in our exhibit booth and instead spent time interacting with our clients in the educational conference sessions, in the lobbies and bars, at breakfast, lunch and dinner. Our clients were our friends and these conferences were a chance to catch up, so very rarely did we "conduct business." But during the year when it came time to renew contracts and/or introduce new products, we never had a problem securing an objective audience. Occasionally sales colleagues from other divisions of our company would join us at a conference. Their approach was different. Conferences and trade shows were looked down upon as events for marketers from HQ to attend, people who had time to spare, for the salespeople were too busy in their territories doing, you know, sales things. They relied on a booth schedule, showing up when assigned and leaving when their shift was over, rarely attending sessions or keynote presentations. At night when we joined clients for dinner, they begged off, usually so they could dine together. Sometimes we'd see them in a nice restaurant, 2 or 3 or 4 salespeople eating together, billing the company for their "business dinner." We'd wave to them from across the room and go back to chatting with our friends, the buyers of the products and services we offered.

At a law firm client of mine, the chair of a practice group received an email from a client he hadn't heard from in a couple years, but suddenly she sent him 3 RFPs in quick succession. He reached out for help from the marketer assigned to his team, and to me, since this would require some extra effort. He had already compiled and emailed 2 responses, but the latest RFP required an unusual response format and we had a few questions. I asked when he'd next speak to the client so we could get clarification, and he indicated he hadn't spoken with her in a couple years. "How did you respond to the two RFPs without talking to her?" I asked. He was a bit miffed and replied, "The RFPs were clear and described the process for replying. We listed our recent deals in this area, included our practice brochure and bios, and attached a cover letter explaining why we're the right firm for the jobs, then emailed them off as instructed. There was no need to bother her."

I suggested that the unannounced appearance of 3 RFPs indicated a change in her business, possibly an opportunity to secure more work. At the very least, understanding more about the business needs could help us tailor the RFP response. Also in the discussion we could possibly ferret out whether this was a "wired" RFP process, e.g., the client needed a few competitive bids but had already selected a supplier. The partner declined, stating he was too busy to call. But if marketing needed to call the client to gain clarity about the format of the response, he was fine if we asked a few questions if we thought it would help. Not surprisingly, two weeks later in a practice group strategy discussion the chair wondered why the team was losing bids to firms that were clearly higher priced, and concluded that we needed to lower rates in our next round of RFP responses.

We had a solid relationship with a key client firm. Colleagues in another division were in a competitive situation with the same client. The internal buyers at the client firm were completely different, the product lines were unrelated and in fact our offering was a premium-priced, highly competitive product and our sister organization was selling a near-commodity -- meaning there was a lot of competition and very little differentiation. Problem was, our colleagues had for years failed to recognize the declining value of their product so their offering price was substantially higher than the competition, and as a result the client conducted an analysis and decided to switch suppliers. Our colleagues asked us to chip in to see if our contacts could overrule their contacts and keep buying their offering at the higher price. That was very quickly a non-starter, but we offered to explore some sort of bundling option that would allow the client firm to achieve the savings it desired but retain the existing product lines, and the collective concessions might secure all of us, including the client, a long-term stable contract. Our colleagues quickly took ownership of the discussions and presented the client with two options: (a) take the commodity product at the higher price or we would discontinue doing business with the firm across all product lines; or (b) combine the commodity product, our high-value product and add in 5 or 6 new products (which the client didn't ask for) and increase the price by 20% more than the client was already paying, explaining that the "effective discount" from the list price for all these products is a great bargain. The client firmly declined either option, and we all lost our business with the client. Our colleagues chalked it up to yet another case of predatory pricing by the competition. They still use this tactic today.

We all talk about getting close to the client. We all spend a lot of time doing things which appear to be client-focused. But are they really? Clients buy answers to their problems. They buy peace of mind. They don't buy products and services. How can we possibly expect to understand and address the client's needs if we don't spend time with them, time that isn't spent selling them something? There are times when clients need to buy, but they have a choice of suppliers. All things being equal, they buy from people they enjoy. Are your clients friends or accounts? When's the last time you spent with a client, off the clock, after-hours? It's 6 PM on the East Coast. There's still time to make a call to a client, er, a friend, to meet for a drink. What's stopping you?

50 Marketing Tips in 50 Minutes

2009-01-12T09:53:00.006-05:00

I had the good fortune to speak on a panel at the Association of Legal Administrators' Annual Conference in San Antonio way back in 2002. I recall the conference fondly, because I arrived directly from Madrid, Spain, where I had been on holiday. Despite the jet lag the panel presentation went brilliantly, due substantially to the excellent speakers I had the pleasure to join on stage. My friend Ross Fishman has archived the content of that presentation here. Fellow panelists included Deborah McMurray, Rick Klau and Laura Thompson.

The world has changed a lot since 2002. The legal marketplace has changed even more, some might say. But the nuggets of wisdom contained in this presentation are timeless and as relevant today as they were then. And while the audience contained administrators of primarily small to mid-size law firms seeking advice to help their lawyers better serve clients, the sentiments in the presentation are relevant for anyone conducting business. Take 15 minutes and scan the 50 tips. You might walk away with an idea that can change your business or outlook today.

More family pics

2009-01-09T10:01:00.001-05:00

More family photos can be found here and here.

Here are some examples:

This is BrieAnna playing for her Notre Dame Varsity soccer team

Isabella, Carmen and BrieAnna, at a rest just before the end of Carmen's Anchor House charity bike ride.

The family at the horse riding ranch in the Poconos, summer 2008

Enjoy!

Incarnation Hoops Update - 5 January 2009

2009-01-07T16:26:00.003-05:00

This may be the first time I typed '2009' on the blog. It will feel odd for a while. I have distant memories of sitting in grade school classrooms working on assignments, the kind where you have to write your name, teacher, class and date on every paper, and every January it took several days to adapt to the change in years. I've always written my 7's with the little line through them just to be different, so I recall 1977 being a fun year for me. Yes, I know, I find amusement in the small things.

Small is not a word I'd use to describe the turnout Monday evening. We had 21 ballers on hand. Yes, you read that correctly. There were four teams plus a sub at one point, which easily beats our prior record of 18. Some lamented the crowd, but we turned lemons into basketball by dropping the side backboards and running two games simultaneously on the short courts. This allowed non-stop play for everyone, though the lack of lines on the court and the end walls only a pace beyond the rim made for some interesting play.

We encourage and enjoy having regulars re-join us after long absences, and we do not intend to revoke recent invites to new players even if we get crowded. Nevertheless, we have never had two back to back weeks where we had to shift to the small courts, so it's likely to be back to normal next week.

With so many players and games it was a challenge to monitor everyone's contribution, so this week I won't even try. I will, however, do a roll call of attendees.

Bob Mark
John DeVaney
Tom McManimon
Greg Adamsky
Caitlin Grant
Joe Yehl
Mike Reynolds
Zack Williams
Jon Husch
Tim Grant
Chris Zelechowski
Bill Riordan
Dean Gray
Leo Stinson
Mike Seip
Brian DeVaney
Hank Van Slooten
Aaron Burnett
Tony Hunting
Kevin Drulis

As for this reporter, I started the night well with several solid assists, a few incredible assists, and a few midrange jumpers. Then a nagging foot injury (tendonitis) flared up and my turnovers picked up. Because we had extra players, when we switched to full court for the final game of the evening I took the opportunity to sit one out and observe. The podiatrist treated me yesterday and by next week I should be as good as, well, a pasty, pudgy white guy with unsufficient coaching can be!

Please note: We are collecting our Spring donation of $20 for the purchase of athletic equipment from Dick's Sporting Goods to donate to the school. You are exempt if you are a student or unemployed or if you attend fewer than 3 sessions per season. Otherwise, please kindly bring your donation next week.

See you next week at 7 PM!

How to Fire Someone... Who Might Become a Client

2009-01-07T13:46:00.010-05:00

A fantastic recent Wall Street Journal article "If You Fire People, Don't Be A Jerk About It" by Kelly K. Spors discusses different approaches for terminating an employee. The article strongly urges business owners to act reasonably so the terminated employees can depart with dignity and self-respect. The advice provides excellent guidance in a few specific areas to help managers conduct the distasteful task efficiently but humanely. Please go read it, then come back here. We'll wait.

Everyone has witnessed or heard a horror story about someone getting the boot. Here are a couple of mine:

A colleague who had been with the organization a very long time, a very nice woman, the kind of ultra-loyal employee who lived and breathed for the company, was targeted as a dinosaur by a new manager looking to make his mark. There was some truth to that, though my colleague had trained nearly everyone in the company, including the new manager and most of the executives, so her contribution was extremely valuable. The new manager collaborated with Personnel to arrange the termination one morning, she was escorted to her desk to pack her personal effects into a box and within 30 minutes then she was escorted out of the building in full view of everyone.

Another beloved and long-time employee was deemed redundant in a downsizing. She expected the news and was ready to move on, but during the termination discussion her manager broke down and wept about the injustice and sadness of the action, and couldn't get through the termination checklist. The terminated employee kept her poise, helped the manager compose herself, and concluded the termination discussion herself!

I have plenty of others. In my own career I've laid off (e.g., for budgetary reasons) and terminated (for performance) many employees, and every single time I've tried to conduct myself professionally while protecting the company's interests and allowing the departing employee to retain some measure of self-respect. That said, I suspect some of my former employees might characterize their departure differently that I do. But while helping to preserve dignity is a noble objective, there's a greater rationale for not being a jerk when you terminate someone.

Many organizations are beginning to wake up the notion that talent management, usually defined as recruiting and professional development tasks, takes place across a broader continuum. Managing talent includes courting and maintaining contact with quality candidates, even when there's not a suitable opening, as well as preserving goodwill with alumni. Call it brand building or protection, call it turning your employees into evangelists, call it turning alumni into customers, or just call it good business sense. Businesses that strive to create and maintain goodwill with prospective employees, current employees and former employees benefit from the multiplier effect: your own marketing spend can go only so far, but the combined weight of these different communities spreading your goodwill throughout their own viral networks is an extraordinary return on a modest investment.

There are numerous law firms with fledgling alumni networks. Most law firms don't spend nearly enough time identifying and staying in touch with alumni, and those who do fumble about like a love-struck teenager asking for a date: "Hi, welcome to the firm's new alumni network. If you happen to be in a position to refer work to us, please call. Hope to see you at the special alumni reception next year."

If you're a law firm or business leader exploring options for downsizing your workforce, it's sensible to take an approach that preserves the departing employees' dignity, and preserves for your organization the opportunity to do business again somewhere down the road with these employees, their family, their friends, their acquaintances, and so on.

Valuing Black Sheep - A Note on Organizational Behavior

2009-01-07T10:13:00.009-05:00

There's an excellent post by Marc Scibelli regarding the utility of "black sheep" as disruptive innovators in an organization. (Hat tip to Bill Pollak for alerting me to the post.) McKinsey reports that the black sheep at Pixar (cutting edge animation movie studio) are defined as:

"...artists who are frustrated. I want the ones who have another way of doing things that nobody’s listening to... all the guys who are probably headed out the door.”

I've been a black sheep. I've recruited, trained and fostered black sheep. I've also recruited, trained and fostered, um, white sheep? Company men or women who toe the line, do what they're told, and do it very, very well. No organization can survive without both. Too many drones who do what they're told without disruption or complaint and you have a profitable six sigma-certified business that runs smoothly until it's obliterated by the competition. Too many black sheep with unbridled innovation and you have anarchy, like 1998 in Silicon Valley where any Stanford dropout could receive $100 million in seed money, a ping pong table and zero expectations for providing a sustainable, profitable business model. But in the real world, there needs to be a tension between keeping the trains running on time, and, if I may belabor the metaphor, developing new transportation systems.

This is not easy to do. Black sheep excel as individual contributors, and they thrive on breaking rules and flouting convention. Not only are they not attracted to a staid corporate environment, most corporate environments reject them like mismatched organ transplants. Managers and leaders, even those with a little black sheep in their DNA, often lose these disruptor instincts as they become more adept at navigating the boardroom where, by and large, collaboration and fostering a sense of unity are far more important than achieving the optimal business outcome. One American dream is the innovator who was rejected time and again but ended up making it big doing it his way. But there are more Tuckers than Michael Dells. Also, innovation happens more often on a small scale than on a large scale. Every business on the planet needs to find ways to improve its widgets, which isn't the sexy stuff of movies.

For black sheep who wish to lead, the challenge lies in adapting, but without losing the desire and instinct to confront the status quo. It's hard to know when you've arrived. There are many good resources discussing the challenge, including Myers-Briggs Type Indicator, or Goleman's work on Emotional Intelligence, or DuBrin's Your Own Worst Enemy, or HBR's The Young and the Clueless. They all speak to the need to adapt and evolve, to play the game, to develop a more collaborative style, because you can't drive change from within if you can't get in.

Some of us have a style which allows, even seeks out, confrontation because it's an efficient path to getting multiple views on the table, from which the optimal business outcome can be determined, regardless of who originated the ideas. Once the debate concludes, we head to the bar to celebrate with out colleagues. In many corporate boardrooms, and in many law firm boardrooms, there is a strong aversion to disruption, to confrontation, so after a tough session some will refuse to socialize afterward because they're bruised, upset and confounded by the team's inability to get along -- forgetting that the team actually achieved the desired optimal business outcome. Could the same optimal business outcome have been achieved by less confrontational means? Of course. But there are different styles and without intensive regression testing in parallel universes, I'm not sure we'll ever determine if there is a best style.

Black sheep should be cherished, when they have the ability to constructively disrupt and innovate. Never-deviate-from-the-norm types should be cherished for their ability to execute today. The best organizations, and the best leaders, embrace multiple styles and encourage different approaches to achieve optimal business outcomes.

"Now I wear a hat made of money"

2009-01-07T05:57:00.006-05:00

Today's Dilbert comic struck a chord with me. I've managed and worked alongside many hundreds of salespeople over the years. I'm a firm adherent to the consultative school of sales, which is a world apart from the cheap hacks glorified in movies like Glengarry Glen Ross, Tommy Boy and Boiler Room. I'm always amused by a good movie, but I'm never amused when terrible salespeople fleece good people through smooth talking, deception and obfuscation. A more common occurence, however, is the salesperson who has the good fortune to sell a product in high demand, so regardless of how inept he may be, he'll earn a good living simply by filling orders.

We all know people like this. Walk into any mall today and you'll find at minimum four or five cell phone stores or kiosks. Would you characterize the guy behind the counter as a professional salesperson, or an order taker? In my experience there's a fairly standard patter -- he glances at my phone and says something innocently insulting ("I see you're still using one of our classic models"), he waves a few shiny objects at me and quickly recites a lot of jargon intended to confuse me, and then talks about the great prices and discounts. And that's if he even needs to approach me at all. Usually I walk into these places with the specific intention of upgrading my phone, so his greatest contribution was showing up for work. Yet some of these people win awards and trips for their sales volume! It seems to me the greatest ingredients for success in such a sales job are to pick the right kiosk location and work the busiest shift.

The other day I heard from a legal technology salesperson I had managed over a decade ago. "Bill" is a great guy and it was nice to hear about his successes in the years since we had last spoken. He's now in the electronic discovery field, selling software and services to corporate law departments and law firms. You may have heard of the changes to the Federal Rules of Civil Procedure which now require the use of electronic discovery methods and tools, methods that previously were best practices but certainly not ubiquitous. As Bill describes it, his recent sales jobs have been like "printing money" which in the land of Dilbert, is quickly fashioned into a hat.

The legal market has been a perfect storm of opportunity for vendors with electronic discovery offerings, and good salespeople like Bill are able to jump around and maximize their income by continually working their rolodex of contacts to introduce the latest and greatest. Nothing wrong with that, I suppose, particularly when the buyers are fairly sophisticated, and there is a clear need. But let's not confuse order taking with the professional skills needed to conduct a thorough needs analysis and to develop a customized solution, which is the domain of consultative salespeople.

But it's not just legal vendors who have benefited from high demand. As I observe the flailing taking place in many law firms today, it strikes me that the average partner in the modern large law firm has operated as an order taker for far too long. With unlimited demand for legal services, what lawyer wants to take the time to understand his client's needs? This will take too long, and the next customer in line will tire of waiting and move on to the competition. Today, lawyers who understand their client's business, who seek to solve business problems, who can differentiate their offerings by crafting specific solutions to unique business problems, will get to wear the hat made of money.

2008 Corcoran Family Chrismas

2009-01-03T10:20:00.010-05:00

For the benefit of those family members who are still not on Facebook, here is a selection of holiday pics.

Don't bother the crazy chef!

Isabella waiting for dinner

BrieAnna waiting for dinner

Chicken stuffed with lobster, sauteed broccoli, goat cheese mashed potatoes, dinner rolls, and 2 bottles of Far Niente chardonnay

Santa has visited

Brie attacking her pile o' goodies

Isabella attacking her pile o' goodies

Two days after Chrismas, on the annual trek to Rochester, there was enough snow to make a snowdwarf

Dave Barry's: 2008 Year in Review

2009-01-03T07:26:00.002-05:00

I own every Dave Barry book. And so should you. He's no longer writing weekly columns for the Miami Herald, but he continues to publish the hilarious year in review. Read it here. Enjoy!

Reading List

2009-01-02T18:26:00.010-05:00

I'm a voracious reader, always have been. Someone recently asked me how I stay abreast of news in my field, since there's so much clutter and noise. Good question. So here's a list of what I read every day via Google Reader, an aggregator that allows me to easily read multiple sources in my browser or PDA. I monitor 48 sources at the moment, separated into 4 main categories. I generally keep the reader open all day and monitor big news, but I do most reading in the early morning or late at night and while commuting. In addition to the online sources, every day I read the Trenton Times and the Trentonian, my two local newspapers, and the Wall Street Journal. I'm open to all suggestions for additions to the list.

News

Wall Street Journal
CNN
MSNBC
ESPN

I also read the Rochester Democrat & Chronicle (my hometown newspaper) online every few days because I haven't been successful in adding its RSS feed to my reader

I also skim the International Herald Tribune, the New York Times and the Times of London about once a week.

Legal News

Law.com - Legal Technology
Law.com - Newswire

I could monitor a heckuva lot more legal news sources, but I find that the legal blogs catch and link to most items of interest anyway.

Legal Blogs

Above the Law, the infamous legal tabloid
Adam Smith, Esq. by Bruce MacEwen
Business Development by Peter Darling
Cotterman on Compensation by Jim Cotterman of Altman Weil
Get Creative by Merrilyn Astin Tarlton
In House Rants by an anonymous in-house lawyer
In Search of Perfect Client Service by Patrick Lamb
In House ACCess by the Association of Corporate Counsel
Inhouse Blog by Geoffrey G. Gussis
Law Department Management by Rees Morrison
Law Firm Competitive Intelligence by Ann Lee Gibson
Law21 by Jordan Furlong
LawBeat by Mark Obbie
Leadership for Lawyers by Mark Beese
Legal Blog Watch by Carolyn Elefant and Robert Ambrogi (among others)
Legal Marketing Blog by Tom Kane
LSSO Raindrops by Legal Sales & Service Organization
Maddock on Marketing by Biff Maddock of Altman Weil
Martindale blogs by the staff at Martindale-Hubbell
Progressive Marketing by Russell Lawson
The Common Scold by Monica Bay
the legal thing by Mike Dillon
The Legal Watercooler by Heather Milligan and Jayne Navarre
the [non] billable hour by Matthew Homann
Thoughtful Legal Management by David Bilinsky
What About Clients? by Dan Hull
Wicker Park Group Blog by Nat Slavin and the Wicker Park team
Wall Street Journal Law Blog by Dan Slater

Other

Erik J. Heels - an old friend who posts on law, music, baseball and technology
Dilbert Blog by Scott Adams, an interesting read having little to do with the Dilbert comic
Dooce by Heather Armstrong. I don't fit the target demographic of modern moms, but I enjoy her wit and rants
New York Times Freakonomics Blog by Stephen Dubner and Steven Levitt, the authors of the popular book
GraphJam, a site for silly charts and graphs posted by people with too much spare time
Great Public Speaking by Tom Antion
Rochester NY Cardinal Mooney High School Blog by some fellow alums of our long-since-shuttered high school
Stuff White People Like by Christian Lander, a sarcastic take on pop culture
The Becker-Posner Blog by economist Gary Becker and Judge Richard Posner
The Onion, the classic satirical newspaper

I also occasionally drop by the Sports Pickle, a satirical sports news site, though I haven't been successful in adding it to my reader.

I also like to read sports columns from college classmate Mike Vaccaro at the New York Post, but I haven't been able to parse out his columns in the newsfeed.

Finally, every single day I monitor all the postings from fellow legal marketers at the LawMarketing listserve and the Legal Marketing Association's LMA Connect discussion forum.

Twitter - NJ Elite! 74 out of 100!! 33 followers!!!

2009-01-02T17:55:00.009-05:00

I recently provided an update on my various social networking fatigue, and I briefly mentioned Twitter, a new technology that essentially mimics the "status update" feature of Facebook. In 140 words or fewer I can provide commentary on my life, what I'm up to, where I'm going, or some concise social commentary on business, and people can register to automatically "follow" my comments. At the moment, 33 people have willingly chosen to follow me. So far I've primarily posted mundane schedule updates ("Headed to the gym"), plus an occasional Seinfeld-like though usually humorless observation ("Why does NJ law require the gas station attendant to pump the gas?") and less frequently I'll chime in on relevant business discussions, like a recent one discussing my former employer. I'm sure that just as I'm gaining momentum, discipline and interest to blog more on business topics, I'll also develop the parallel habit to issue brief summaries on Twitter. But I'm not there yet. Nevertheless, one of the Twitter rankings sites has declared me a Twitter Elite in NJ with an overall ranking of 137,722 out of a total base of 866,704 and a combined score of 74 on a scale of 100. This score represents my frequency of posting, my followers, my followers' networks, the breadth of my profile, and my zodiac sign (just kidding... I think). Today alone several new people have chosen to follow me, and I know only a handful of them. I like the Twitter concept, I just haven't yet fully embraced or maximized its features for my benefit. A colleague of mine has expressed similar thoughts after two months on Twitter. Like my reaction, his appears to be more wait and see than to move on. It appears the jury is still out, but apparently we're enjoying the catering and the company while we deliberate.

Incarnation Hangover Run

2009-01-01T23:44:00.007-05:00

I don't normally post a recap of our periodic holiday sessions, but I thought a few items were worthy of mention.

First, the time of day was a bit odd -- I play weeknights in the evenings and weekends in the morning, but playing at midday is an interesting adjustment, particularly when the sun shines directly through the skylights and becomes a factor. There was one corner of the court where it was impossible to shoot, catch or defend because of the glare. Brian DeVaney was clever enough to miss the opening shot to decide who gets the ball first, so his team could shoot at the safe end. Or so he says. It might have been the hangover.

Secondly, it always seems quieter when we play during the day on holidays so I had planned to bring my iPod and Bose SoundDock. However, I was the designated DJ at our New Year's party last evening and even though we left at 1:30 AM the party was still raging so I left the equipment behind (running an '80s mix) and neglected to pick it up today in time for our run. I'm committed to bringing it next time, and to avoid debate about what music to play I'll create a playlist populated equally by '70s and '80s rock and current alternative rock.

We had 16 players, which is highly unusual for a special holiday session, though the physical play was par for the course when we have a lot of guests and newcomers. Not everyone will get a mention, just a few random comments: Bob Mark was frustrated with his play because he missed several wide open shots from 5 feet out, and this tends to turn him from an unselfish passer to a very unselfish passer, so his teammates benefited from his largesse. Tim Grant's game is improving every week (or should I say it's returning, since he's always been an excellent ball player). Today he had several quick release jump shots, and if you watch closely he demonstrates excellent technique by always staying on his toes and jumping into position when receiving a pass rather than catch it flat-footed. He also showed a glimpse of his sneaky baseline spin for an easy layup. Andrew Slom joined us as a guest today and worked his way to the rim several times. He missed a few layups when he ducked to avoid contact, but he made just as many and his speed and good attitude were welcome additions. Joe Yehl had the pass of the day from an unusual position for him. Erin DeVaney-Reynolds was on the right wing looking to pass the ball to Mike Reynolds on the right block. Mike was defended well so Erin passed to the top of the key where Joe touch-passed it to Mike just as he turned into the lane and sealed the defender. Easy two. Tom McManimon topped that pass a little later when he received a pass on the right block, a position where he'll normally turn outside and step back for a jumper, but as he turned he glimpsed a cutting Zack Williams, so Tom tossed him the ball and Zack laid it in over the front of the rim. We hooted in appreciation. Then 5 minutes later in the same game, Tom and Zack did the exact same play from the exact same positions. Another easy two by Zack. Well done, boys. Greg Adamsky joined us as he generally does for the special sessions, since he has a recurring Monday night conflict. Once his teammates figured out he's the most skilled point guard on the floor, he was able to drive, dish and pop at will. We all enjoy playing with Greg, but the most-skilled and best-coached among us (not me!) love it even more because he confidently distributes the the ball when and where he's supposed to every trip up the floor. Ben Husch was home from DC and showed us what we've been missing for the last few months, with hop steps, tough defense and running the floor.

There were other excellent contributions from the remaining participants: Mike Reynolds (welcome back after missing a few sessions due to coaching duties), Erin DeVaney-Reynolds (same welcome back for the same reasons), John Stracquatanio, Zack Williams, Caitlin Grant (great shooting today), Mike Slom (welcome back!), Aaron Burnett, Lawson McElroy (calm down big fella) and Brian DeVaney.

As for this reporter, it was a good run though it's time for some new shoes since the paws are a bit sore. I had a few nice passes toward the end of the run, in traffic with multiple cutters and defenders, hitting both Brian and Zack on the run a few times, and while I racked up a few decent assists to Mike and Erin, I had a few bad turnovers when forcing the ball to them, one which cost us a game we had been leading until game point. My own offense was mostly uneventful, though I did fake Tim with a baseline stab step and then faded to the wing to drop in a long 2 after a perfect entry pass from Greg; and in an earlier game I successfully used a hop step moving right to left after a breakaway to lay one in over Greg.

All in all, a good way to kick off the new year. 2008 was an interesting year for me, and my family, and in my career, so I'm looking forward to an even more interesting 2009. I'm glad to be enjoying the ride with you.

Social Networking Fatigue?

2008-12-31T12:33:00.014-05:00

I posted recently on my evolving thoughts of the various social networking sites out there. See here and here. I also made the decision to drop Plaxo and MySpace and migrate all of my connections in these communities to either LinkedIn or Facebook. I was surprised at the reactions to this announcement -- so many people also have web 2.0 fatigue! It can be a full-time job keeping up with everything. Here's a quick recap, plus some added commentary about the legal communities I frequent:

Facebook - Love it, and I intend to primarily maintain my "friends and family" persona here, but I won't reject business colleagues who wish to connect. I also won't mind if colleagues or acquaintances drop off my connection list because they don't care to see my family pics and my silly updates of what I'm cooking or when I'm headed to the gym.

LinkedIn - Love this too, and I intend to maintain this primarily for my business persona. I've joined quite a few of the business-related groups, though I'm finding many of them dormant or populated by well-meaning but self-serving members, such as those who wish to compile a lengthy list of connections as if it's a popularity contest. I'll prune these groups in the coming year.

Twitter - I'm still getting started, but in the last few weeks some interesting people have signed on to "follow" my comments. I still don't get it, exactly, but it's corny and fun so I'll keep at it.

Plaxo - Made the decision to drop this shortly. The best feature is the ability to categorize friends, family, business colleagues, etc., so that different groups see different content. I hope Facebook adds this eventually.

MySpace - Made the decision to drop this shortly too. A good site, and the first to market, but FB's just better. I hope FB founders cash in before somebody beats them at the game (and someone will).

Naymz - Don't intend to visit again.

Spoke - Don't intend to visit again.

Classmates - I intend to maintain a profile here, but primarily as a pointer to LinkedIn or Facebook.

A few people have asked about my take on the various legal-related social networking tools. Here's a few brief comments on the big players:

LMA Connect - This new site replaces the Legal Marketing Association's official member listserve. A listserve is a very old (in Internet terms), but very functional tool, and it's hard to replace the simplicity of threaded conversations that take place in your own email inbox. I've registered for the new site and I understand and respect all the tough design decisions -- but I prefer to see all legal marketing conversations in one place rather than reading, and posting, in different locations depending on the topic. The posts will apparently replicate to your email so you may not need to sign on if you just wish to read, but for some reason my current PDA won't display these at all... which means at the moment it's useful to me only when sitting at my computer.

Lawmarketing - This is a listserve/site launched by "Uncle Lar" in '96 or so, and I was somewhere around the 30th person to join. I can honestly say that except for a few short interludes in the past 12 years, I've read every single post from this community (seriously!), learned a great deal and made quite a few "virtual" friends. This existed long before LMA launched its listserve, and while they now compete for eyeballs each serves a valuable role in the legal marketing community.

Legally Minded - The American Bar Association entered the fray with a networking site, and as a long-time ABA member I joined right away, but I've yet to see the benefits. Admittedly due to the social networking fatigue theme I haven't likely given it a fair shake yet, but I suspect it will end up being more of a communications tool for the sections and sub-sections I belong to rather than a means to meet new colleagues.

Legal OnRamp- I have met, and like, Paul Lippe, the energetic founder and chief cheerleader. This site has the potential to break new ground in connecting clients and their lawyers. However, it's tough to break in new habits and though I've been a member for nearly a year I find it hard to make the time to visit. It's entirely possible I'm not maximizing the features, but I'm committed to giving it a valiant try in the coming year. (Quick aside, for those of us who used or were employed by Counsel Connect in the early 90's, Legal OnRamp is in many ways merely a current version of that community. Back then we had the dual challenge of bleeding edge technology and a community not predisposed to social networking, even though we didn't call it that. Not sure that anyone has solved this puzzle yet in the legal space.)

Martindale Connected - My former colleagues propose to launch a networking tool fueled by the many connections native to the Martindale-Hubbell database. Great idea! In fact, my team first proposed this in the 90's (remember, I was with Counsel Connect before I was with Martindale so this wasn't revolutionary to us even 10 years ago!) but suffice it to say that a variety of factors conspired against it during my tenure. Many of those same factors undoubtedly persist today, which is why the service still hasn't launched months after its announcement despite its critical importance to the survival of the brand. I'll reserve judgment until I see it live.

Incarnation Hoops Update - 29 December 2008

2008-12-30T15:03:00.006-05:00

We had a lively run Monday night, and despite the absence of several regular players a couple new entrants filled in nicely. So here we go:

Pete Reynolds is usually the speediest guy on the floor and he can get to the rim at will, but in the past he had trouble finishing because of the velocity of his drives. But he's now able to finish on breakaways and he's also developed a nice pull-up short-range jumper. Tim Grant joined again and contributed mid-range jumpers, multiple rebounds and excellent defense. Hank Van Slooten had limited touches early on but he ran the floor and took several well-timed passes in the lane and converted with a variety of hook shots, and this opened up opportunities for turnaround jumpers in the high post. John Stracquatanio was defended well on several trips up the floor, requiring him to use the stutter dribble, crossover and change of speed to get open, which he did several times successfully. When he was free to roam, he made multiple assists to cutters and wingmen. Joe Yehl demonstrated his usual savvy passing, starting with being in the perfect position on the wing or baseline so he can receive the skip pass, and noting where everyone is on the floor so he can touch pass the incoming ball. Joe almost never turns the ball over, but he racks up multiple assists in his quietly efficient way.

Tom Reynolds joined and took on the daunting challenge of keeping up with his brother. When not chasing Pete, Tom worked the lane and as the night wore on he was more and more effective at putting in layups and offensive rebounds. Brian DeVaney took a few outside shots but spent most of the evening waltzing into the lane like a hot knife through, um, a tangle of slower, shorter, less-skilled defenders. He used the stutter step moving right, the fake behind-the-back-pass moving left, the up and under (under one and two defenders) and the offensive rebound behind the glass that required a step-through a double-team for an easy lay-in. In a bit of family rivalry, Brian topped off his performance by spinning a bounce pass around Tom on a breakaway and then caught it himself for an easy coast-to-coast lay in. Let's hope he has a hangnail next week and slows down to our speed! Tom McManimon had a solid night, and though his early turnaround jumpers missed the mark he compensated by cutting through the lane and making several nice layups at a full trot. Tom's specialty is catching up to a breakaway that has slowed due to a double team and charging in for a wide-open shot.

John DeVaney had his usual well-rounded mix of hook shots in the lane and deadly outside shooting, though he didn't have many scoop-shot layups. In one notable possession his shot was blocked from behind by Caitlin, a very rare event. And for the first time in many nights, John wasn't knocked to the ground at all! Bob Mark was first to arrive and eager to play, and spent the night running the floor and cutting through the lane. When Bob is aggressive, he can't be stopped. When he looks to pass first, particularly when he passes out of the post while covered by a shorter defender, his effectiveness is reduced. But he rarely slacks off on defense, and had several excellent breakaway stops after catching up from behind. Caitlin Grant had an excellent night, playing tough defense against this reporter and others (see above), plus she ran the floor and distributed the ball well. She also moved to the right spot on the floor and was aggressive about taking, and making, the open shot when given the ball. Just don't tell her she's not aggressive, or she'll aggressively tell you she is!

Lou Perrochino was only able to get the ball at the top of the key in the early going, leaving him several dribbles and a guaranteed double team away from reaching his comfort zone about 8 feet away from the rim on the left side. His efforts at directing traffic either away from the paint or into the passing lanes were in vain initially, but as the night wore on and movement increased, Lou was able to move inside for his strong jumpshot, and a few times made it all the way to the rim before graciously accepting his usual fouls. Speedy Zack Williams moved from the practice squad (a.k.a holiday guest player) to regular status and wasn't shy about taking the first 3 shots of the evening and plenty more after that. He showed some savvy drives and pull-up jumpers, and a willingness to pass the ball (especially to Caitlin, which shows good sense!). Alas speedy Pete was defended much of the night by big brother Tom so we didn't get to see Zack and Pete defend each other. Maybe next time.

As for this reporter, I took another week off due to the holidays but I was itching to play so I squeezed in one game at PEAC after a strenuous workout Monday afternoon, and as a result I was predictably sore by game time. The matchups also worked out so that I was the primary ball handler for my squad much of the night, and though I have a good handle and as much as I like to play point guard it's not my strong suit. I tend to pass a second after the opening closes because I don't see the opening until it's there rather than anticipate it. I also forget to protect the ball when well-meaning teammates cut next to me, drawing their defender right to the weak side where they freely poke the ball away. Yes it's a dumb cut that creates a double team on the ball, but still I have to anticipate and protect. Nevertheless, once I settled in after a game or two where my turnovers exceeded my assists, I was able to reverse the trend and feed a cutting Bob or a well-positioned Hank or a driving Tom for some easy assists. I was defended equally well by Brian and Caitlin all night, meaning no matter what I tried I was mostly able to get just garbage points and I didn't do particularly well defending either of them. A tough critique, but it was still a good run and it helped to salve the wounded ego with a cold beverage at the pub afterward.

Please note: We will host our annual "hangover run" at 1:30 PM on Thursday, New Year's Day. You may bring a guest to ensure we have sufficient players. Don't forget that we will be playing with sunlight streaming through the windows, so iron your replica Kobe outfit, wear the clean knee-high sox and install the UV shades on your protective goggles! Wait, that's not you? For a quick laugh, watch the video here and guess which player you are!

Enjoy your New Year's Eve and we'll see many of you Thursday, and the rest of you next Monday.

Incarnation Hoops Update - 22 December 2008

2008-12-23T14:50:00.003-05:00

'Twas the Monday before Christmas
And all over the court
Ran 12 hoops players and wannabes
Some tall and some short

Jon Husch played good D
Marco Peralta crashed the boards
John Stracquatanio was crashed into
and cried foul, a tad sore

Brian DeVaney smooth as silk
as he cut through the lane
while his dad John DeVaney
shot the 3 with no shame

Lou Perrochino
showed us all how to pass
while Hank Van Slooten
made shots -- then fell on his ass

Erin DeVaney
fresh from coaching
Drove, dished and shot
without much coaxing

Joe Yehl returned north
in a reverse snowbird commute
and used savvy passing
to help contribute

Tom McManimon worked hard
for his step-back three
while young Caitlin Grant
was fearless when free

As for this reporter
I made some tough drives
Then distributed fouls
like I was giving high fives!

Okay, not my best attempt at prose, but what do you expect for 10 minutes of effort! Some additional insights: Jon Husch had the ball poked away on a right side drive, then immediately hustled back on defense and poked the ball back to his team. A nice lesson for those of us who stand and wait for the whistle that never comes. Caitlin is getting more aggressive, and even though she missed an early layup (and two follow up attempts!) she made her layups and shots later on. Plus, she made several savvy cuts through the lane that drew her defender out of the middle, allowing her teammates to drive right in behind her to score. That kind of coaching doesn't show up on the stat sheet. Marco had multiple offensive rebounds on the stat sheet but it's how he does it that's so impressive. He pokes the ball up and out or off the glass to keep it alive until he can get position to pull it down, or he taps it in without ever coming down with it. Hank had some trouble keeping his balance on the dusty floor until we swept it (twice!) so we were amused to see him fall down on a drive... but only his teammates were amused when he played the rest of the evening on fire and didn't look at all like a guy who took 6 weeks off. As for this reporter, I took the last week off due to business travel (normally I play 2-3 times during the week) so I was fresh for the Sunday morning run and played well. I was less fresh last night, but I'm honing in on the right combination of rest, stretching and equipment (e.g., gel inserts) to keep the feet functional.

We had only the regular 6 at the Firkin afterward. I guess everyone else had to rush to the late sales at the Mall. As a courtesy to my fellow shoppers, I waited until this morning to finish up my shopping!

Please note: We WILL play on Friday of this week, the day AFTER Christmas, at 1:30 PM. You are welcome to bring a guest. I will be traveling so feel free to use my fouls as you see fit!

Merry Christmas to all (and to Jon, Happy Hanuhkah!)

Web 2.0 and Social Networking

2008-12-19T13:19:00.010-05:00

I commented on this about 18 months ago (see here), but it's time for a quick recap. As professional marketer and an occasional prominent name in my field, I try to stay on top of the latest trends so I can better advise my clients. Here's my very brief take on the latest developments in social networking:

LinkedIn - This has proven to be a tremendous resource for me personally, and an asset to my friends and colleagues. I have "connected" with nearly 400 business colleagues and friends, allowing us to share professional contacts and experience. As I leisurely search for new professional opportunities, access to friends of friends has been helpful, and making my profile public has generated a number of recruiter inquiries. There are a handful of names in my contacts list whom I can't readily recall, but I'm more tolerant of distant connections here because I do a lot of public speaking and I'm happy to connect with pleased audience members. My advice - pump up your profile, ask for a few recommendations, connect with your friends, comment in a few of the professional discussion groups, and make it a habit to add new people you meet that you'd like to stay in touch with. This is the only site where I've paid a fee to access additional features.

Facebook - This can be addicting. I joined in 2007 and now sign on a few times a day, and I'm still amazed at how many names from the distant past keep popping up and reconnecting... some I haven't spoken with since the 80's! I have about 170 friends, with a few more added each week. I'm not aggressive about adding people here since I view this as primarily a family and friends site, but there are a fair number of professional colleagues whose invitations I've accepted. It's a little weird knowing people I've only met professionally may be poking around my photos and comments that I post for my family to see, but what the heck... I don't post anything in poor taste and it's nice to get to know your colleagues in a new way. Facebook adapts quickly so the people I correspond with most often stay front and center on my dashboard, while those I rarely interact with fade into the background.

Twitter - It's hard to explain why this is popular. Essentially, this site allows you to post periodic (in some cases, incessant) updates on what you're up to (headed to Boston, at the mall, reading a good book, baking cookies, etc.) but the catch is you're limited to 140 characters. Why in the world does anyone care that I'm headed to the gym?! Why in the world do I feel the need to broadcast that fact?! I have no idea, but more than 20 people now "follow" my posts. I follow several people whose professional credentials I respect, and who post concise but insightful comments in my line of work, but most of them also blog so it's a bit redundant. This is becoming very popular, but it remains to be seen how valuable a networking tool it can be.

MySpace - I still have a profile there but I rarely visit it. It has declining value as the world appears to be migrating to Facebook. Sorry MySpace... someone built a better mousetrap.

Classmates.com - I maintain an active profile here, but it's essentially a pointer to LinkedIn or Facebook so friends who want to reach out can do so, but it's a good site to troll occasionally to learn which forgotten friends have now resurfaced.

Plaxo - This site is a lesser version of LinkedIn. Not sure what the distinguishing features are, possibly just personal preference. I suspect it serves as a combination of LinkedIn and Facebook -- a site for professional colleagues to interact in a more dynamic way. I maintain a profile here but visit it maybe once a week.

Spoke - Another mini version of LinkedIn. I registered here mainly to connect with a few colleagues who were here exclusively, but they've long since surfaced in other places so I don't visit here much.

Naymz - I must have stumbled on this site at one point and somehow registered. They have a good search engine index process so if someone googles my name they'll be directed here, and in turn Naymz will alert me that someone's visited my profile. But my profile is empty so there's not much value for me or a visitor. Maybe I'll go post my LinkedIn address and redirect visitors.