5 Types of State Bar Association Resources for Your Firm

They are an untapped gold mine. Your state bar association resources are a wealth of opportunity for your firm.

They are also neglected by most attorneys. The vast majority of attorneys fail to take advantage of the tools and resources offered by their state bar. This isn’t due to negligence, it’s a lack of awareness.

Many attorneys don’t know what state bar association resources are offered.

Do you?

Here are five common state bar association resources available to you and your firm.

State Bar Association Resource #1: Education

This isn’t new information.

In the back of your mind, somewhere you know that your state bar has educational content. Content you may be able to benefit from. Do you know how to use that content?

Here’s how you do it.

1. Identify yourself. Are you a maven (information gatherer), connector (people gatherer), or sales person (sophisticated persuader)?
2. If you’re a maven, make time to take advantage of the content that your state bar provides (i.e. dead time). Ask your state bar to (a.) provide you with content on the specific topics you’re looking for and (b.) offer content in the format and timeframe needed (i.e. short video files posted online).
3. If you’re a connector, identify mavens in your firm and/or social circle. Begin sharing information from your state bar with friendlies. Find out what they like, then provide them with intriguing and specific forms of data. Feed mavens with the information they crave, and you’ll have their attention. Ask the state bar to provide the content you want.
4. If you’re a persuader, work to persuade those around you. Use the education that’s provided. Again, ask the bar to provide you with education on the information and topics you want. If you’re a member of the bar or an influencer in your own right, you have more clout than your peers. Use it!
5. Request the information you need. If you need information for CLE, request it. Searching for a solution to a common problem in your firm? Request it. If you know someone who may have an answer to their problem, make a recommendation.

Here’s why this strategy is so effective.

You’re able to shape and control the direction your legal education takes. If you’re aware of the problems and issues you face or you’re aware of the problems that you have – use it! Then use this information to boost your professional social circle.

Here’s how:

If you’re a maven, position yourself as a specialist on the topics of your choosing. Provide your firm/peers with value whenever needed. If it’s free, they’ll grow to depend on you. If they depend on you, it strengthens your position in the firm hierarchy.

If you’re a connector, collect mavens and other connectors. Use this education to build connections. Work to become the firm resource, the attorney with specialist connections no one else has.

If you’re a persuader, use this education to add value to those around you. Use your persuasion skills to identify solutions to your problems. Then work to (ethically) solve those problems for your firm/peers.

State Bar Association Resource #2: Software

Key state bar association resources that are provided to members includes software licenses and discounts.

Some bar associates may provide members with access to tools like Fastcase. They may maintain their own library of books, video, audio and trainings on a variety of subjects/topics.

Take advantage of it!

Use their tools with the strategies and tactics I’ve laid out in resource #1. If you’re a member, ask for the tools and resources you want. Ask about the state bar association resources that they already have on hand and how they can be made available to you or your firm.

State Bar Association Resource #3: Insurance plans and discounts

Many state bars association resources offer insurance through approved third parties. These insurance plans typically cover some or all of the following:

• Cyber insurance
• Crime coverage insurance
• Surety bond coverage
• Auto and home insurance
• Health insurance
• Dental and vision
• Life insurance
• Long-term care insurance
• Disability insurance
• Professional liability insurance
• Accidental death and dismemberment plans
• Property and casualty and more

The collective clout of your state bar association resources means members are often able to get insurance at deep discounts.

Insurance options through your state bar association resources may provide you with significant savings and dramatically decreased premiums. If you’re a firm owner, that’s peace of mind and revenue you’ll be able to keep.

State Bar Association Resource #4: Marketing support

State bar associations, like any other publisher, are hungry for content. There’s a significant amount of pressure to provide an exceptional amount of value and service to both members and non-members. That’s where you come in.

It’s an opportunity to become a rainmaker. Attorney referrals are common, but they’re much more common for rainmakers. Attorneys on the outside often wonder how it’s done.

That’s a good question.

How do these rainmakers attract a disproportionate amount of attorney referrals? They provide other attorneys with an exceptional amount of value. Here’s how they do it:

1. They identify the content needs of their state bar (e.g. take a marketing coordinator, gatekeeper, or decision maker to lunch and ask questions).
2. They create a pitch, offering to provide their state bar with a regular stream of content
3. They go above and beyond, creating content in a variety of formats (e.g. ebooks, blog posts, videos, speeches, etc.) to serve both members and non-members.
4. They provide helpful hooks, lead magnets, downloads, consults and services for tangential attorneys. These are attorneys who serve the same clients in a different, yet complementary way (e.g. corporate attorney + IP attorney + tax attorney, etc.).
5. They parlay this experience into bigger publications and venues, increasing their status, prestige, and revenue as they go.

It’s a simple strategy most attorneys aren’t using.

Why?

They’ll state they don’t have the time. But 9 times out of 10, this isn’t true. There’s a simple strategy attorneys can use to get an enormous amount of work done in a very short period of time.

Dead time.

Dead time is occupied time. The time where you’re doing something tedious, repetitive, or mindless (mostly). Eating lunch at your desk, your daily commute to and from work, working out, etc. Here’s how you use dead time to become a rainmaker.

1. Get a topic from your state bar (see steps 1 and 2 in the previous list).
2. Write one question on that topic on your note cards (use as many cards as you need).
3. Take one note card and a voice recorder with you in the car on your way to work.
4. Answer the questions thoroughly, in great detail. Treat each question like a chapter in a book.
5. When you’re done, get this content transcribed and edited via a freelance provider.
6. Compile it into a blog post, video, speech or book.
7. Send the finished product to your state bar for review.

This is a simple strategy that you can use to add value to your state bar, fellow attorneys, and yourself. But it’s also an untapped state bar association resource few attorneys are aware of.

State Bar Association Resource #5: Assistance programs

Legal work comes with its own set of challenges and problems. Did you know that state bar association resources can include a variety of assistance programs? State bar associates provide attorneys with free and confidential help to deal with a variety of issues that attorneys commonly deal with.

• Burnout
• Stress, anxiety and depression
• Marital and familial problems
• Gambling addiction
• Eating disorders
• Work/life balance
• Career concerns

Here’s why this is crucial.

Many attorneys choose to struggle with these issues alone. Often times they struggle with an overwhelming sense of guilt and shame which induces them to hide their problems.

Assistance programs extend an olive branch.

They show attorneys they aren’t alone, that they don’t have to carry the burden alone. Many of the attorneys and professionals involved in these assistance programs have experienced the same problems. This significant for one important reason.

Empathy.

If they’ve gone through the same (or similar) struggles attorneys will most likely receive the empathy and support they need to recover and change for the better. Their services are confidential (who would use it if they weren’t!).

Your state bar association is an untapped resource

Most of your peers aren’t using it.

It’s an incredible resource that you can use to grow your firm and boost your career prospects. If you know how to use it. Most attorneys aren’t negligent, they’re simply unaware.

Don’t wait until it’s too late!

Take advantage of these resources and you’ll have what you need to produce unexpected value – for the bar, your firm, your peers and yourself.

Are your clients receiving value?

The automatic answer from most firms is yes. Here’s the truth of the matter about this assessment. In most cases, the law firm is right. Law firms have an intimate understanding of the value they provide.

Do clients agree?

Research shows the answer is no. According to Lexis-Nexis’ Age of the Client, 40 percent of clients believe the service they receive from their firm is above average. Unfortunately, 80 percent of attorneys believe their service is above average.

What firms call exceptional, clients call average?

Is the bar set too low?

Are firms simply mediocre? Are they focused on doing the absolute bare minimum to serve their clients? For some firms, the unfortunate answer to that question is yes. Read through anonymous posts like this one and you’ll see answers like these.

“Get on second call. Again have no idea what it will be about, but assume I can handle it because it is with an unsophisticated corporate client that we love because it lets us ring the meter. Junior comes to my office to listen to call. In-house lawyer bloviates about irrelevant points for 30 minutes and I field another 20 emails while on call and mark a document at my desk, occasionally paying attention to the call.”

Is this client receiving above average service?

Obviously not.

Here’s the thing about attorneys. This seems to be the exception rather than the rule.

How do I know?

Data shows a large amount of competition, downward pressure on fees and a variety of unpleasant changes means attorneys are more motivated than ever to provide exceptional service to their clients. They want their salaries and firms to grow!

Seems like common sense, no?

Attorneys are right. In the vast majority of cases, firms are doing exceptional work for their clients. Clients aren’t seeing it that way though.

Why is that?

Clients use a different standard to rate their firms

Client priorities are simple and straightforward. There are details that seem obvious when you read them, when in reality they’re actually obscure. Firms know these details are important, they just don’t know how important.

Here’s what matters to clients:

See that there?

There are 14 metrics listed here. Items number one and three are focused on one thing.

Your fee.

“Provides clear indication of likely costs/works to fixed fee” and “explains charging system clearly at outset” are two of the most important factors listed here, revolving entirely around money. In fact, this entire list is based on money or attorney/client communication.

Here’s another key point.

When it comes to fee arrangements, clients are interested in clarity and flexibility. When they find the right firm, they want to know their team will work with them on the price. The data suggests this flexibility is an unspoken deal breaker for clients.

This is why firms need alternative fee arrangements.

Clients demand it.

The attorney/client power dynamic has changed

A recent survey found a change in confidence.

Approximately 9 out of 10 attorneys believe they’re operating in a period of unprecedented change. The great recession has produced clients who are demanding, value-driven and cost-conscious. There’s an almost obsessive focus on the value-to-price ratios.

The market responded.

A flood of low-cost competitors and alternative fee arrangements flooded the marketplace. This seems disheartening at first glance but it’s actually a wonderful opportunity in disguise.

Here’s why.

1. Low-cost competitors struggle to provide/match a significant amount of value that quality firms Their business model isn’t comprehensive enough to meet the demanding needs of today’s client. Without an innovative (and proprietary) process this low-cost model is unsustainable in the long term.
2. As we’ve seen above, clients are using very specific metrics to gauge attorney/firm performance over the long-term. Firms that struggle to deliver compelling value over the long-term continue to lose clients, regardless of their traditional, alternative or low-cost pricing schemes. Price is not enough to retain profitable clients in the long-term.

Peter Thiel, PayPal founder and former attorney, created a model firms can follow. This model provides firms with the clarity they need to: (a.) Increase revenues consistently year-over-year (b.) attract and retain profitable, top tier clients.

Are you ready? Here it is.

1. Create X dollars of value for clients.
2. Capture Y percent of X.

Using the table above, you can structure your firm’s alternative fee arrangements on doing just that. Creating real, quantifiable value for each of your clients.

How can AFAs accomplish that?!

Let’s take a look.

The vast majority of alternative fee arrangements (and their variations) are based on one of these AFAs.

1. Fee caps: Hourly billings are capped at an agreed upon maximum for a given case, project or service. As you might have guessed, this is hourly billings with a slight modification. This arrangement is definitely more beneficial to clients than it is to your firm.
2. Fixed fee menus: This option provides set pricing on a variety of services provided by the firm. Additional flat fee charges could be added to the initial base price. An investment transaction could be billed at $25,000. Added to that, an additional $8,000 fee for assuming a loan. $10,530 for financing and so on.
3. Fixed fees for single engagements means firms set a hard price on several well-defined services. This isn’t ideal for new services or practice areas and it’s not a great fit for inexperienced attorneys. Firms using this AFA need volume to make this arrangement worth their while. This is perfect for services that produce the lion’s share of a firm’s revenue.
4. Full contingencies: With these no fee unless we win arrangements, survival depends entirely on success. These AFAs are common with plaintiff and defense attorneys. This AFA works best if your firm has a competitive advantage or noted ability in a specific practice area. Avoid this AFA if you’re unsure of the outcome or results you’ll achieve.
5. Holdbacks: A contingency arrangement where a predetermined amount is guaranteed as payment to the firm (say 20 percent). The rest is contingent on the firm’s success in achieving the desired outcome. Receiving fees at 80 percent of your usual rate, with the remaining 20 percent contingent on success. This is often combined with bonus or success fees, further incentivizing firms to deliver results.
6. Partial contingencies/Success fees: Similar to a holdback, the firm receives a portion of their fees during the engagement. They receive an additional lump sum at the end of the engagement if they’re successful. Partial contingencies typically define success criteria ahead of time. These criteria are sometimes left to the client’s discretion or spelled out in significant detail.
7. Portfolio fixed fees provide clients with a single, fixed price for a large number of services. For example, an organization’s intellectual property engagements over the course of a year. With this arrangement, losses are inevitable so you’ll need a significant amount of volume to come out ahead.
8. Retainers: The legal industry’s old faithful. A fee your clients agree to pay every month, for a set period of time, for a specific set of services. These are well known but they’re growing in popularity thanks to the surge in demand for AFAs.
9. Risk collars: An hourly billing arrangement that rewards efficiency. With this hourly billing arrangement, attorneys receive a bonus if their work is completed under budget. Clients receive a discount if the work goes over budget. The actual discounts and bonuses vary from firm to firm but it helps to align the client’s/firm’s interests.
10. Subscriptions: Similar to retainers, subscription plans give clients access to a specific set of services and engagements for a predetermined price. While retainers have a set timeframe and clear purpose, subscriptions are more universal in their application, continuing indefinitely. Subscriptions require a significant degree of experience as you’ll need to be aware of what it costs to provide a particular service.

That’s a lot to choose from.

We need to answer a more pressing question before we can create value with these alternative fee arrangements. The question is an obvious one. Which practice areas can benefit most from alternative fee arrangements?

The short answer is, all of them.

Every practice area can benefit from alternative fee arrangements. At first glance, this sounds unrealistic. Certain practice areas seem to be tailor-made for specific fee arrangements. Several practice areas seem to be exclusively oriented towards hourly billings.

Am I suggesting that every practice area must have infinite flexibility?

Not at all.

Instead, I’m recommending that your firm use alternative fee arrangements as a tool to align client interests with your own. Here are a few examples to show you what I mean.

• Example #1: A client retains your firm to initiate litigation against former executives, directors and officers for fraud. Your client agrees to pay all expenses and costs associated with said litigation. Your firm receives full reimbursement on a “first dollar out” basis as well as a percentage of recoveries from litigation.
• Example #2: Another client retains your firm to handle litigation and a complex legal matter. They agree to pay your firm a premium but ask that you “hold back” 30 to 40 percent of the agreed-upon fees; your client agrees to pay this holdback (plus multiples) provided that the outcome meets a previously agreed-upon standard.
• Example #3: A development client retains your firm to pursue arbitration against a joint venture partner. The project is worth $175 million. You and your client come to an agreement where they will pay 50 percent of your rate plus a percentage of the value received once the development project is sold or liquidated.

See what I mean?

In each of these examples, the alternative fee arrangement is used to align both parties in the attorney/client relationship. The AFA is used to (a.) Provide a win/win situation (e.g. value/profit) for both parties (b.) Create motivators that disincentivize manipulative, predatory or dishonest behavior (e.g. ring the meter).

Here’s why that matters.

Though clients are often unwilling to admit it, AFAs are about one thing and one thing only.

Control.

How do we know? They tell us. Here’s a direct quote from clients in the research I’ve shared above.

“I get a better-quality service or product if I do the homework upfront. I like to be in control.”

Historically, clients felt they weren’t in control. The attorney/client relationship felt as if they were writing a blank check. Their firm gave them a vague description, they outlined their hourly rate and the process.

Clients paid, begrudgingly.

Today firms are challenged by a new generation of clients who demand alternative fee arrangements. A greater degree of control gives these clients the power they need to protect their interests.

This is very good news for law firms.

But only if you approach AFAs the right way. When it comes to AFAs, there are only two ways to approach the problem.

Proactive or reactive.

Proactive firms initiate the AFA conversation with their clients, discussing pricing, budgets and expectations. Reactive firms wait for clients to initiate the conversation.

Which one is better?

An Altman Weil survey compared these two approaches. Here’s what they found.

“When asked to compare the profitability of non-hourly work and hourly work, 84% of proactive firms find their non-hourly projects to be at least as profitable as their hourly projects. This is the case in only 51% of reactive firms. Narrowing the focus, 40% of proactive firms report their non-hourly projects are more profitable than their hourly projects, compared to only 10% of reactive firms. The lesson is that firms that make a rigorous effort to understand and manage a new or evolving market tactic like alternative fees generally succeed in doing so, and enjoy increasing benefits over time.”

Here’s the obvious question:

Why aren’t more firms taking a proactive approach to alternative fee arrangements? The greatest obstacles listed weren’t technical (e.g. skills or software), they were cultural and political (e.g. resistance from partners). The fear is obvious – these AFA’s won’t be profitable.

The data shows otherwise.

Some firms try, and fail, to make these alternative fee arrangements work. The fault lies elsewhere. In the vast majority of these cases, fee arrangements weren’t given the proper attention and preparation. The obvious and hidden risks are ignored. Here’s how you can make these alternative fee arrangements work for your firm.

1. Collect performance and financial data: Make a detailed assessment of the practice areas under consideration. Create a list of all the tasks, routines, systems and procedures involve and handling matters in this practice area/group. Next, identify the costs involved for each of these items. Outline the costs for billable and non-billable work. Outline the average expenses and costs for each area and various employee levels (e.g. paralegal, first-year/junior associate, senior associate, partner).
2. Create optimization and improvement protocols: You’ll need to develop systematic and repeatable methods for producing, managing and maintaining the work that’s performed. Your goal is simple. Work to consistently (a.) produce high-quality work that’s (well) above average and (b.) Create innovative strategies and protocols to reduce the cost of the work produced (while still maintaining quality standards).

Sounds intimidating, doesn’t it?

It really isn’t.

First, take the time to consistently collect performance and financial data (a little at a time), and opportunities for improvement will present themselves regularly. If you’re using practice management software, data collection can be automated or semi-automated.

Just read the reports.

Then take some time to think about how you’d solve the problems presented in each report. Reach out to trustworthy advisors, chat with your mentors. Seek out help on an as-needed basis. Initiate conversations with clients regarding your AFAs. Work with them to create a solution that aligns both of you on the same page.

Then, position your firm.

Use the Cobb Value Curve in your practice area to: (1.) Create a massive amount of value for your clients (2.) Create pricing indifference (clients are consistently willing to pay what you ask).

How does it work?

William Cobb, creator of the Cobb Value Curve, explains it in detail.

Just one thing.

Using AFAs to create an ideal solution requires one thing.

Time.

You need enough time to work on your business rather than in your business.

What does this mean?

If you’re buried under client work and your obligations to the firm, you’re working in your business. If you’re using AFAs to solve your client’s problems and align your interests you’re working on your business.

Use the formula.

1. Use AFAs to create X dollars of value for your firm and your clients.
2. Use AFA’s to capture Y percent of X

Take a proactive approach to your client’s financial concerns, study your practice areas, then implement the changes gleaned from your learning.

It’s not rocket science.

You have the ability to produce a massive amount of revenue and profit for your firm. You have the chance to strengthen client relationships, to maximize the amount clients spend with you while reducing your overall expense.

Are you willing to do it?

The AFA isn’t a cure-all. Clients are still looking for the same things they’ve always wanted.

What clients want

Offering a clear indication of the likely costs/works to fixed fee

Regular progress updates

Explains billing system/fee structure clearly at the onset

Fully appreciates your needs and expectations when taking on your case

Personally responds to emails/calls within 24 hours

A good listener

Meets deadlines/follows a timetable

Demystifies the law/makes it understandable

Explains range of possible outcomes based on previous experience

Empathizes with clients and their situation

Treats clients as a partner in the relationship

Tailors service around an individual client’s needs

Proactively alerts ongoing clients to relevant legal changes

Retains a professional distance

Your fee is the beginning.

It’s the first big hurdle of the attorney/client relationship. Your alternative fee arrangement can align both parties in the relationship. With your AFAs you can offer clients a win/win situation and create motivators that disincentivize win/lose behavior.

Do this and you become exceptional

You and I know the truth.

If you made it this far, you’re already exceptional. Most attorneys do amazing work for their clients, clients aren’t seeing things the same way.

Are firms to blame?

Most likely not. Most firms know they produce exceptional value. They have an intimate understanding of the value they provide. This isn’t the exception, it’s the rule. As we’ve seen, competition, downward pressure on fees and commoditization motivates most firms to deliver tremendous value.

Most clients aren’t seeing it.

They’re using a different standard to rate their firms. Their priorities are easy, simple and straightforward. Use their rating system to teach clients about the value you’re already providing. Combine your learning with the Thiel formula and the Cobb Value Curve to create an AFA that maximizes value and profit for both parties.

Do this and you’ll find clients believe you’re the exceptional firm they’ll do anything to keep, value assured.

Can CLE resources do double duty?

Is there a way to squeeze an enormous amount of additional value from Continuing Legal Education (CLEs)?

Absolutely.

It’s doable but it requires a few important factors.

It depends primarily on your goals and the objectives you’re attempting to reach at your firm. In this post, I’ll share some non-traditional resources, strategies and tactics you can use to squeeze additional value from your CLEs.

Creating leverage with these 2019 CLE resource strategies

Most attorneys take the usual route.

They complete legal training that’s presented by experienced attorneys and/or an accredited source. Their education is typically in-person or on-demand. Which is absolutely something you should continue to do.

Knowledge = competitive advantage.

However, this isn’t the only way an attorney can meet their CLE requirements. Here are a few ideas worth pursuing in 2019. You’ll need to verify that these resources/strategies are allowed in your state and local area (obviously).

Let’s dive in.

Resource #1: Speaking and teaching attorneys

If you’re an experienced attorney, you may want to consider speaking and/or teaching. Certain jurisdictions allow you to earn CLE credits by speaking and teaching in a variety of accredited institutions.

What kind of institutions?

You can speak and/or teach a CLE course via an accredited teaching center, law school, university, college or community college.

Resources to pursue

Consider pursuing opportunities with:

• Law schools in your state/region (start with your alma mater)
• Online/distance teaching via in-state, out of reach schools
• Universities
• Colleges
• Community colleges

Then parlay your experience into larger speaking and teaching engagements you use to attract a large pool of clients all at once.

Resource #2: Write for attorneys

You may be able to earn CLE credits for legal research-based writing. The definition of published legal writing varies based on jurisdiction. As does the benefits. Many jurisdictions require that your writing meet a specific set of guidelines.

• It should contribute substantially to the continuing legal education of other attorneys
• It is original content you’ve written for attorneys, that’s published or accepted for publication
• Credits are typically given for each hour of research and writing with a cap on the number of credits offered
• Many jurisdictions also offer credits for updates and revisions made to previous articles (typically no credit for edits)
• This is typically available to experienced attorneys who have practiced law for a specific period of time (e.g. 24 months)

Resources to pursue

You’ll want to target publications that meet specific criteria.

• Publications with authority. The ABA Journal, National Law Journal and com are all authoritative publications. Authoritative publications boost your value and prestige, providing you with a greater amount of influence and reach.
• Publications with traffic. Publications like The American Lawyer, Law Technology Today and Trial Magazine are great examples of popular, high traffic, attorney-focused publications.
• Publications with opportunity. These are specialty publications that provide you with opportunities to win new business. In house counsel publications such as ACC Docket and Inside Counsel and are key examples.

Writing is a fantastic opportunity because it:

• Provides you with key opportunities to earn a substantial amount of your CLE credit
• Borrows the trust, influence and authority from key publications and makes it your own
• Simultaneously attracts new business, builds authority and positions yourself (and your firm) as influencers
• Creates a substantial amount of influence power and reach
• Provides substantial career opportunities with other like-minded firms and professionals

Is this it though?

This doesn’t sound all that compelling. Looks can be deceiving though.

Here’s why these strategies are so compelling

The benefits are outstanding. In the right hands, they’re sure-fire ways to catapult your expertise (and your firm) past your peers into the upper echelon of legal talent.

Here’s how these strategies create enormous leverage.

1. Authority: The format of writing, teaching and speaking sets you apart. If you’re able to provide students, attorneys and legal professionals with value you build authority automatically. These tasks give you a significant amount of power, turning you into a sought after thought leader and influencer. This opens doors for…
2. Networking: Writing, teaching and speaking, when used well, turns you into a super maven, connector or persuader. You’re able to rapidly build relationships with powerful influencers, administrators, gatekeepers, kingmakers and attorneys in other firms. Want to connect with a powerful and well-known influencer in the industry? Just interview them!
3. Recruiting: You’re able to find and connect with promising talent. These could be graduates who you perceive to be a good culture and character fit for the firm. It could be freelancers who are hungry for opportunity and looking for work. Potential partners and an opportunity for mutual benefit.
4. Intelligence: If you’re successful in your role as a speaker/teacher, your students will want to share their stories. This provides you with an incredible amount of intelligence. Shifts in the Overton Window, changes in thinking, etc. Writing, speaking and teaching place your fingers on the pulse of the industry. Do enough of it and you’ll have a keen sense of the mindset, desires, goals and fears of your audience.
5. Rainmaking: Good networking, recruiting and intelligence produce new opportunities. If you’re even average at writing, speaking and teaching you should be able to use your experience to leapfrog onto new (non-CLE) speaking and teaching opportunities. Make a note of your experience as a writer, speaker or teacher and you can use it to pitch a prestigious publication or venue for writing, teaching and speaking engagements. If you’re a corporate attorney, use your experience to pitch speaking events that consistently place you in front of entrepreneurs (e.g. writing for Forbes, Wall Street Journal or the Washington Post speaking at corporate events, entrepreneur and startup clubs in your state). Create a marketing funnel and you have a consistent and never-ending supply of leads, clients and
6. Careering: Depending on your jurisdiction, these strategies provide you with a massive jump on your CLE requirements. But they also place you far ahead of your peers. Clients are naturally drawn to authoritative influencers and thought leaders. If you’re a partner or associate at your firm, this strengthens your negotiating position. Losing you could be a costly proposition. These strategies provide you with the tools you need to negotiate an above-average salary, benefits and/or incentives.

We haven’t even begun to scratch the surface here.

CLE is a blessing in disguise

It’s often viewed as a tedious affair that takes attorneys away from important work. In reality, it’s actually the opposite.

CLE resources can do double duty.

You can use these CLE requirements to create an enormous amount of additional value – for yourself and your firm. It depends on your goals and the objectives you’re attempting to reach but it can be done.

As long as you see CLEs for what they are.

An opportunity.

With the right approach and a clear strategy to follow you can parlay your CLE requirements into the business development resource you’ve always wanted.

An attorney finds themselves in a precarious position. They’ve waited until the very last minute to complete their required CLE. Now they’re attempting to earn 24 hours of CLE credit, but they only have 36 hours left.

It’s stressful and disruptive.

It’s also completely unnecessary. If you’re focused on CLE best practices and you have a framework to follow,  your CLE requirements should be a breeze.

Why do attorneys wait until the last minute?

They obviously know better.

Yet practicing attorneys continue to scramble at the end of their registration period. Are most attorneys inefficient, lazy or clueless?

Not at all.

The vast majority of attorneys procrastinate because they’re overwhelmed. They’re struggling to meet the vast array of demands placed on them:

• Business demands: Owners of small firms are fighting a never-ending battle to keep the lights on and their doors open. Circumstance requires that they wear multiple hats. Many are exhausted, burned out and fighting to keep their firm afloat.
• Partner/firm expectations: Attorneys are expected to produce a certain amount (hours) of billable work. Year after year, that number continues to rise. To complicate matters further, many are expected to become rainmakers as well.
• Client demands: Clients are fixated on value and outcomes. The demanding clients of today expect a significant amount of communication from the attorneys handling their matter. They expect more work in less time and for less money.
• Familial expectations: There’s a price to pay for going above and beyond. Performing well at work often means underperforming at home. Many attorneys find it hard to balance the personal and professional demands placed on them.
• The deluge of non-billables: Attorneys are spending 6+ hours per day on non-billable work. They’re buried under administrative, document management, timekeeping and business development tasks.

Here’s the problem.

Pundits outline a list of best practices attorneys should follow. These are excellent tips, but they lack context and a keen understanding of the challenges attorneys face today.

Let’s take a look –

• Don’t procrastinate. Don’t wait until the end of your registration period to complete your CLE. Compliance periods range from one to three years, depending on your jurisdiction. Complete your courses year-round so you won’t have to cram 24 credits into a 36-hour time frame.
• Don’t pass the time. It’s a bad idea to optimize courses around credits. Don’t take CLE courses unless you’re actually interested in them. Your objective is becoming a better attorney, not passing the time.
• Track your credits. Lawline offers a free CLE tracker you can use with any state requirement, any provider and any course format. You can also download CLE worksheets to track your time. Take the time to ensure you receive credit for your hard work.
• Stay engaged. Don’t disengage from the process. If you’ve procrastinated and you’re scrambling to complete your CLE, stay engaged in the process. Don’t cheat yourself by tuning out, listening passively or disengaging from the course material. Stay focused and your learning will compound, giving you the advantage you need to surpass your peers.
• Remember specialty credits. Most states require some sort of specialty credits (e.g. ethics, mental health, diversity and inclusion or professionalism). You want to check the requirements for your state, ensuring that you have the specialty credits you need.

Here’s the problem with these best practices.

They lack perspective.

Life is messy, especially when combined with the bevy of business, partner, client, familial and non-billable demands placed on attorneys. These best practices are good habits you should do your best to follow.

They’re that important.

But they’re also not the best way to optimize your learning.

What does that mean?

It’s common for attorneys to view CLE requirements as a burden, an unnecessary load that they are forced to carry. In reality, these CLE requirements are a privilege.

That sounds strange, doesn’t it?

Think about that for a moment. A governing body requires that you continue your education. That you do what it takes to become a better attorney. This isn’t the way it works for most other industries. They tend to follow a Darwinian approach instead.

Survival of the fittest.

Firms with a competitive advantage, strong value proposition and superior marketing skills, outperform their competitors. If you’re better, you survive.

The legal industry is different.

CLE requirements are proof of that. You’re required to grow, to maintain a certain standard of competence and expertise. The reason? Your performance reflects on the industry as a whole.

CLE boosts attorney performance

When it’s used appropriately, CLE does double duty, creating leverage and opportunity. When it comes to CLEs, there are two basic perspectives.

1. CLE is something you receive in the form of in-person, on-demand or live training and courses. These courses cover a variety of general and special topics including ethics, professional responsibility, substantive or procedural law, communication, accounting, and record-keeping, among others.
2. CLE is something you do/give. You speak, teach, present and write – contributing substantially to the continuing legal education of other attorneys. In select jurisdictions, you’re also able to earn CLE credit via pro bono work on behalf of indigent clients through qualified pro bono programs.

Here’s an example:

Most attorneys focus on one or the other which, at first glance, makes sense. What if there was a better way? Here’s how you can use giving and receiving to maximize the leverage and value you receive from your CLE.

• Receiving education: Attending live and in-person events where you’re able to learn from experienced attorneys and legal professionals from approved/accredited institutions. You’re able to reach out to speakers, teachers and presenters, asking questions, exploring ideas and nurturing your expertise.
• Giving education: Certain jurisdictions allow you to earn CLE credits by speaking and teaching in a variety of accredited institutions. You can speak and/or teach a CLE course via an accredited teaching center, law school, university, college or community college.

Here’s where this gets exciting.

Giving and receiving creates enormous leverage.  With the right framework and a clear plan to follow, you can create a new set of best practices. A kind of compounding value that continues to grow with time.

Here’s what I mean.

Let’s say you need to earn 30 CLE credits every two years. You use receiving and giving as a strategy to maximize leverage.

• Receiving education: You choose to attend live, in-person and on-demand courses on a variety of topics. You carefully choose an accredited provider (e.g. an approved organization, law school, university or college).
• Giving education: You reach out to your preferred, accredited provider ahead of time and you pitch original content you’ve created specifically for attorneys. It contributes substantially to the continuing legal education of other attorneys, and it provides a tremendous amount of value.
• You give and receive at the same event. You focus your attention on learning and growing. You do the same for other attorneys. You reap the benefits and rewards in the process.

See it?

The benefits and rewards I mentioned earlier?

No?

Let’s take a look.

• More CLE credits, faster. Your willingness to give and receive education means you’re able to earn more CLE credits faster and in less time.
• Instant authority. As a teacher, speaker or presenter, you’ve created a significant amount of value. Provide students, attorneys and legal professionals with value, and you build authority automatically. You’re consistent, so you’ve become a sought after thought leader and influencer.
• Profitable relationships via networking. Teaching, speaking and writing has, over time, turned you into a super connector. Your willingness to give enables you to rapidly build relationships with powerful influencers, administrators, gatekeepers and kingmakers in other firms. You continue to serve key relationships with information, connections and helpful referrals.
• Valuable information. If you’re successful in your role as a speaker, teacher or writer, your audience will want to share their stories. You learn about what other firms are doing, how clients are responding, and important trends sweeping across your industry. But the most important part? You’ll receive this information first, before your firm, your peers and your competitors. If you have access to valuable information no one else has, you’re more valuable to your firm, clients and coworkers.
• Rainmaking naturally. Attorneys, like clients, are naturally drawn to authoritative influencers and thought leaders. Attorney referrals are easier to come by when your connections are built on a foundation of education. Education attracts attention, information converts that attention to value (e.g. referrals, consults and revenue).
• More career opportunities. Whether you’re a partner or associate at your firm, this strengthens your negotiating position. You have a large Rolodex of connections, resources, and you’re able to bring in a steady supply of referral and new client business. You also have access to a steady stream of top-shelf, A player talent. Losing ‘you‘ could be a costly proposition for your firm. These strategies provide you with the tools you need to negotiate an above-average salary, benefits and/or incentives.

See what I mean?

There’s an incredible amount of value here. How do you maximize the value you receive from your CLE? With more best practices.

• Use structured procrastination. John Perry won the Nobel Prize for his theory of structured procrastination. Here’s how it works. You use procrastination to accomplish a long list of to-dos. These tasks are used to avoid the work you’re supposed to be doing. It sounds crazy, but it works. Struggling to make headway on a client matter? Use your CLE to earn credits, create value, build connections and attract referrals.
• Double your CLE requirements. Does your state require 30 hours of CLE? Do 60. Some states allow you to roll a certain number of credits over into the next compliance. That’s icing on the cake. Instead, treat your CLE as a business development strategy. Use it to build a network of information, connections and Look for ways to serve your peers. Then parlay your experience, connections and referrals into a bigger opportunity. Use it to attract a steady stream of prospective clients.
• Avoid as many courses as you can. Specialize in a specific topic or practice area. This will enable you to maximize the benefits you receive while minimizing the output required. Create presentations, make speeches and write articles on the topic or practice area of your choice. Take mandatory courses, but avoid as many unappealing courses as you can.
• Make specialty credits better. As I mentioned earlier, most states require some sort of specialty credits (e.g. ethics, mental health, diversity and inclusion or professionalism). If it’s within your area of expertise or you have an interest, make these courses better. Become the go-to professional your peers count on to provide value in these areas.

This is great and all.

Just one problem. You don’t have the time to make any of this happen.

Am I right?

It’s a common (and understandable) retort to the CLE problem.

The good news?

There are lots of ways around this problem. Here are a few ways to take advantage of the best practices I mentioned earlier and maximize the benefits you receive from your CLE.

• Use Automation: If you’re the owner of a solo or small practice you can use automation to regain as much as six to eight hours per day! Law firm partners and associates can also use automation to regain lost time.
• Create marketing systems and workflows. Partners, solo and small firm owners can use this comprehensive guide to create marketing and client intake workflows. Solo and small firm owners can also use this to create a variety of systems and procedures for their firm.
• Use practice management software to minimize the amount of time spent (wasted) non-billable work (e.g. administrative and business development work. Your practice management tools should also include timekeeping, task, document, and project management tools.

These tools and resources enable attorneys to reduce/automate the business, partner,  firm and client expectations placed on attorneys. It also minimizes the deluge of non-billable work attorneys struggle with on a daily basis.

It’s an easy ways to free up 6 to 8 hours in your workday.

It starts with CLE best practices

These CLE best practices are simple and straightforward. Use them to maximize the amount of value you’re able to extract from your CLE resources.

Don’t wait.

Many attorneys find themselves in this position. The position where they’re attempting to earn 24 hours of CLE credit but they only have 36 hours left.

It’s completely unnecessary.

Your CLE can (and should) do double duty. You can squeeze an enormous amount of additional value from your continuing education. Treat your CLE as the blessing it is.

Most attorneys view it as a tedious affair that takes them away from important work. You have an opportunity to see CLEs for what they really are.

An opportunity.

Use the strategies and tactics I’ve shared to maximize the leverage, value and revenue you receive.  If you’re focused on best practices you have a framework to follow. Follow it and you’ll find your CLE produces value inside and outside the classroom.

It’s something your clients want.

They want your firm to make the leap with digital transformation. They aren’t asking for this explicitly, of course. It’s an implicit request that’s based on the pressures and changes that have been imposed on them.

It makes sense.

Yet, 8 out of 10 firms aren’t ready for a digital transformation. As we’ve seen previously, 77 percent of these firms haven’t even begun to make the transition.

Remember the definition of digital transformation?

Here’s how Greg Verdino, a leading thinker on digital transformation defines it:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.”

In my previous post, I outlined the steps firms would need to make in order to implement a digital transformation successfully and why these steps are important. Here’s a quick recap.

1. Identify explicit and implicit client expectations
2. Assess whether your firm is an analog, digital or hybrid firm
3. Outline what an analog firm delivers to clients
4. Outline the kind of service a digital firm provides to clients
5. Outline the kind of service your firm delivers to clients
6. Determine whether you’re aware of these required changes

A recent PwC found 80 percent of firms believe digital transformation is vital for future success.

Which is true.

Today law firms are in an innovate or die cycle. Clients, as a whole, are dissatisfied with the traditional law firm model they’ve experienced in the past. Clients of today are focused on three things: Value, communication and flexibility.

So, why aren’t firms changing to accommodate their client’s needs?

Resistance.

Law firm leadership has been, historically, resistant to change. On the surface, this seems unreasonable. Why can’t partners and firm leadership simply do what’s best for the firm? Dig a bit deeper and you’ll find a compelling motivator.

Transitional pain.

Whenever firms try something new – a new software tool, billing model, process, etc. – there’s always a transition period where firms shift from the old to the new. This transition period is painful (hence the name) because the “problem” that’s supposed to be alleviated will actually get worse.

That’s right.

If firm leadership attempts to fix any problem, that problem will most likely, get worse in the short term. Here’s the sobering part.

They’re usually right.

The worst part? In the hands of an unskilled professional, these problems often continue to get worse. If partners are paid based on the overall performance of the firm and they’ve been required to buy into that partnership, they aren’t all that eager to rock the boat.

Can you blame them?

In the wrong hands, a change could have a devastating impact on the hard-earned rewards they receive. The risks to the firm, to firm leadership, could be astronomical.

So, they resist.

This is a large part of the reason why partners at firms resist change so stridently. They hear the part about their current problems and frustrations. Sure, they also hear the portion about how digital transformation will double profits, boost client rosters and help firms survive.

But they don’t hear about transitional pain.

So what?

Why is that a big deal to partners in a law firm? It’s a big deal because attorneys are experts at assessing risk! These partners see the transitional pain, even if (especially when) it’s omitted.

Making digital transformation a priority

If you’re pushing for a digital transformation you’ll need to see the transition for what it is.

Selling.

Honestly selling the idea to firm leadership. It’s the only way digital transformation will become a strategic priority for firm leadership. This isn’t complicated, it’s just frightening and hard.

Here’s how you do it.

1. Study firm leadership. You take the time to look at the specific desires, goals, fears and frustrations of the partners in your firm. You chat with their associates and support teams, you analyze the bottlenecks in their day-to-day work.
2. Discussions with leadership. You ping leadership with touch and go conversations where you ask them about their desires, goals, fears and You listen closely as they describe their circumstances and share their feedback. If you have a basic level of trust and you’re listening closely, they’ll share their biggest reasons for supporting your ideas.
3. Amplify their fears. This isn’t arbitrary. You aren’t amplifying their fears to provoke a reaction. You’re communicating honestly with full transparency. You’re laying your cards in the table, outlining the exact amount of transitional pain they’ll experience as they move from the old to the new. This converts an unknown fear with unlimited power to a known fear with limited (and decreasing) power.
4. Elaborate on other fears. Outline the other transitional pains they’ll experience as your firm makes the switch from analog to digital (e.g. Initially, it may be more difficult to track associate performance). When you expand on their fears, you reduce the odds that an unexpected fear will derail negotiations later. Again, you convert an unknown fear with unlimited power to a known fear with limited and decreasing power.
5. Provide compelling evidence. You’ll want to show partners in your firm: (a.) Transitional pain is a temporary and manageable ordeal with a clear end (b.) That you provide a solution for the desires, goals, fears and frustrations of each partner and the firm overall and (c.) That things will improve moderately to dramatically in the long-term for each partner and the firm. This evidence needs to be quantitative. Do the math, create conservative projections and outline (in hard numbers) the value this change will provide. Provide data at the associate, partner and firm levels.

Wait a minute?

Am I suggesting that you share all of the terrifying details with the partners/leaders in your firm?

Absolutely.

Attorneys are generally risk-averse. Ignoring these issues means they retain their power in a partner’s mind. Research shows exposing yourself to the things you fear makes you stronger. It decreases the hold a particular fear or belief has over your mind.

This is crucial.

It’s also the key to implementing a digital transformation successfully. Digital transformation is a top-down affair. If leaders are willing to adjust to unfamiliar technology their subordinates will follow suit.

What does this mean exactly?

• Improve communication. From a client’s perspective, communication is still the most important part of the relationship. Use digital transformation to provide clients with an always-on, 24/7 connection to your firm. Find personalized, automated and persistent ways to give clients the communication they need, when they want it.
• Firm-wide training. Partners, associates, paralegals and support teams should have the consistent training they need to embrace this digital transformation. This includes: software, security, document, timekeeping and productivity training
• Embracing mobility. Your employees should be able to produce the results you need whether in or out of the office. Employees should be able to perform all of the key functions of their role whether they’re at their desk or on the road.
• Embrace AI/machine learning. If your firm is focused on transformation you need to focus your employees’ time and attention on the high-value tasks that matter. Use AI/machine learning to handle data-heavy, repetitive and tedious tasks (e.g. document management, indexing data and routine research). Use AI/machine learning to complement and amplify firm productivity.
• Immediate collaboration. Use practice management software and client portals to increase client collaboration in a fashion that’s convenient and immediately accessible to clients. Give clients multiple touch points, so they’re able to collaborate with their attorney and support teams at a moment’s notice.

These are the broad strokes.

If you’re looking to make digital transformation a strategic priority for your firm, you’ll need to spend some time with your clients. Interviewing and studying your clients gives you the data points you need to identify the key tasks you’ll need for your digital transformation. It starts with an answer to this broad question.

What do your clients want?

This is an important question because it requires firms to look at three distinct areas:

1. The types of clients the firm has vs. the type it wants (ideal clients)
2. The value (qualitative + quantitative) these clients provide to the firm
3. Firm longevity if the current types of clients are retained vs. ideal clients.

If you’re dealing with sophisticated clients who have been forced to adapt themselves, your window for change is smaller. If you’re dealing with older legacy clients (e.g. boomers) your window is larger, however your firm may need to make some drastic changes to flourish in the long-term.

Digital transformation isn’t coming

It’s here.

The legal landscape is shifting. Firms are in a sink or swim, innovate or die cycle. If you’re like most firms, you understand the importance of digital transformation.

Most firms are stuck.

They’re not focused on the change, they’re focused on tradition. When you observe things from their perspective this actually makes sense. If you’ve made it this far, you know what to do. Amplify your partner’s transitional pain to relieve it. Find their unknown fears, then make them known.

Make digital transformation their priority. Use Greg Verdino’s definition as a guide:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.”

Most firms haven’t even started the transition process.

This means they’re failing to meet client expectations. It’s your opportunity, a chance to overtake the competition. With the right approach and a clear goal, you’ll have the strategies and tactics you need to make your digital transformation permanent, productive and profitable.