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A Daily Record blog devoted to Legal Affairs

Law blog round-up

By: Caryn Tamber

Happy Monday!

  • An innocent man from Baltimore has been in prison for more than 25 years, writes Dan Rodricks.
  • Should jurors get to ask questions at trial?
  • Are you an unemployed attorney? Sue your law school!
  • New projections say the legal market has stabilized and will grow 3 percent next year.
  • This sounds like a distasteful and offensive way to market your legal services, but does it merit sanctions?
  • Slate’s Dahlia Lithwick summarizes each Judiciary Committee member’s vote on Sotomayor–in haiku. Awesome.

Category: Advertising, Crime, Supreme Court, economy, jurors, law, law blog round-up, law school, marketing

How do you promote these schizophrenic Orioles?

By: Liz Farmer

Yesterday’s ninth-inning comeback from the Red Sox — one night after the Orioles executed a similar feat against them — highlighted what has become a theme for Baltimore this year: you never know which O’s squad you’re going to get.

The Orioles have been streaky this year, to say the least.  Seven-game losing streaks, five-game winning streaks. They blanked the Rays one night then allowed 11 runs the next. They were scoreless against the Yankees on May 8, then touched home plate 12 times the next night. More than half of their wins have come from runs scored in late innings.

I recently heard a radio ad highlighting the fact that the Orioles have been an exciting team to watch because you can’t count them out in the later innings. Last year, the O’s marketing team launched a tongue-and-cheek promotion around the team’s bad luck on Sundays. At that point, the Orioles had a 13-game losing streak at Camden Yards on Sundays and marketers launched a “You Win We Win” promotion on July 6 that promised to give fans a free ticket to a future, non “prime” game to fans in attendance that day if the O’s broke their Sunday streak.

From talking with fans, I get the sense that there isn’t really any ill will about the streakiness because most know it’s just a characteristic of a young squad.  That being the case, can you market this unpredictability? The radio commercial I mentioned touches on it, but I wonder if team marketers can take it a step further and design a promotion around the team’s come-from-behind drama they’ve frequently displayed at home.

For example, they could print up a bunch of $8 off and $9 off ticket coupons and have them ready to hand out after a game for an eighth- or ninth-inning comeback (making it clear to fans that the go-ahead run is scored in one of those innings for the promotion to take effect).

On the other hand, as the manager of a ball club, you want to see your team jump out early and hold on to the lead. Would a promotion like the one I mentioned be a conflict in philosophy?

Category: Baltimore, Baseball, Orioles, marketing

A recruiting video like no other

By: Caryn Tamber

You must check out this video.

[kml_flashembed movie="http://www.youtube.com/v/RIZJT9edXpA" width="425" height="350" wmode="transparent" /]

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Here’s the story: Micah Buchdahl is a legal marketer in New Jersey. He was approached by a mid-size law firm in a top five market to work on a marketing campaign for lateral recruitment. (He won’t say which firm; the reason for that will become very clear in just a moment.) The firm wanted “edgy,” they said.

Buchdahl figured he’d create a mini-movie and try to get it to go viral on the Internet, generating some real buzz for the firm. He wrote a script for three installments and had the first one produced by some friends in California. It’s pretty polished and pretty funny. It shows a young megafirm partner trying to talk to a comically arrogant managing partner about his future. (Memorable exchange: “Gary, what can I do for you?” “I’m Steve. Steve Johnson.” “Of course you are.” And: “We think the world of you. There’s not a better IP attorney in the city.” “I’m a real estate lawyer.” And also: “We want you here as long as it makes sense.” “What does that mean?” “It means you’re here until you’re not.”)Watch to the end for a bleeped expletive, which Buchdahl sort of wavered about including. “Obviously, it’s designed to make you flinch a little bit,” he told me yesterday.

When he screened the ad for the firm’s management committee, they were “horrified,” Buchdahl said.

“Using the word ‘hate’ wouldn’t do the word ‘hate’ justice,” he said.

It wasn’t even the expletive that got them, he said. No one cracked a smile during the whole four-minute video.

He had told the firm before showing them the video that if they didn’t like it, they didn’t have to pay for it. He figured the couple of thousand it cost him to make would be an investment; maybe he could find a firm that was interested in using it. But the firm actually offered to pay for it so they could destroy it. They told him they liked the concept but wanted something a little more “traditional,” which he took to mean your standard recruiting video. He said he thinks the real reason they wanted the video was because they were afraid of being proven wrong if another firm bought it and found success with it.

“That’s when I said, I’m still going to put it out there but I’m going to release it as my own marketing tool, just put it out there,” Buchdahl said. He said it would be great if a firm wanted to buy it and even better if they wanted him to make the other two installments, but he is at least hoping a lot of people watch it.

So he hired a viral video expert to get the ad out, and they posted it Monday to a bunch of Internet video sites. He also sent it to some friends, including one of my editors here, who passed it on to me.

What do you think of Buchdahl’s skewering of big law firms? If you’d been on the managing committee of the firm that hired him, would you have shown him the door or taken the chance on this ad?

Category: law, marketing

Law firm marketing: Remember your “please” and “thank you”s

By: jackie.sauter

If you believe John Remsen Jr., the most important thing you can do to attract and keep clients is to excel at customer service.

Being a good lawyer alone doesn’t cut it, the law-firm-marketing guru explains. “Lousy service is the number one reason clients fire law firms, and there are dozens of surveys and reports concluding that most lawyers don’t do a very good job in this area,” he writes in his June report.

Click here to read Remsen’s eight rules of thumb, which he says come straight from the mouths of in-house counsels at a panel he moderated.

Among his reminders:

-Clients hire lawyers, not law firms. “That means you – not your firm and not your marketing department – need to get out there and cultivate relationships.”

-Be there when they need you. Expectations have risen dramatically in recent years; 24 hours might not be an acceptable time frame for a response.

-Be nice to the staff. Your clients’ secretaries, paralegals and staff have more influence than you might think, and you just never know where or when you’ll run into them in the future.

Thanks to sister blog The Michigan Lawyer for the link.

JACKIE SAUTER, Web Editor

Category: law, marketing

Word play

By: jackie.sauter

As one who reads and writes news stories for a living, I am continually amazed and revolted at the bastardization of the English language by PR people who write news releases for a living. My pet peeves are the overuse of the words “leading” and “solution.”

According to Merriam-Webster, the “leading” definition of “leading” is “coming or ranking first.” The definition of “solution” is “(a) an action or process of solving a problem,” or “(b) an answer to a problem.”

The fallacy of using “leading” to describe a company is obvious: Not every company is a leader. And a “solution” frequently causes more problems than it solves.

Here is a sample of offenders, taken from one day’s perusal of releases carried on the PRNewswire and Business Wire.

“Stratos Global Corp. (TSX: SGB), the leading global provider of advanced mobile and fixed-site remote communications solutions, today announced …”

“GetWellNetwork, Inc., a leading provider of Interactive Patient Care solutions, today announced …”

“I4 Commerce [helps] to connect leading merchants with high value customers. … I4 Commerce’s payment and marketing technology solutions help establish and maintain …”

“CDW Government, Inc. (CDW-G), a … leading source of Information Technology (IT) solutions to governments and educators, and Discovery Education, the leader in digital video and multimedia-based learning …”

My “solution” for this problem is simple: Just eliminate these two words from the public relations vocabulary.

Imagine what that would do for the quality of business writing.

-PAUL SAMUEL, Associate Editor

Category: marketing, public relations

Not exactly meals-on-wheels

By: jackie.sauter

KFC, Yum! Brand’s cash-hungry chicken chain, has announced an “aroma-focused” product placement program to market their new $2.99 deal. The Wal-mart-esque price covers KFC chicken, mashed potatoes and gravy and a biscuit, all for less than Metro fare.

KFC piloted a “scent-focused” program in three cities, including the nearby District of Columbia, by having corporate mail carts carry plates of KFC chicken on their pre-lunch mail route through the cubicle maze.

“We couldn’t think of a better way to showcase the value of our new $2.99 Deal than to inject the mouth-watering scent of Kentucky Fried Chicken into the corridors of corporate America,” said James O’Reilly, chief marketing officer for KFC.

Sound devious? Very.

Am I hungry as I type this post? Getting there…

From the release:

To bring the sweet-smelling promotion to life, KFC collaborated with Chemistry.com in Dallas; the Trade Association & Society Consultants of Washington, D.C.; and the Chicago offices of the Salvation Army.

Anyone else wondering what the Salvation Army is getting out of the (hopefully-not-raw) deal?

-JACKIE SAUTER, Multimedia Editor

Category: marketing