No option for Law Firm

Did you see the #trafigura storm on twitter yesterday? It was down to the “Guardian gagged” story in the press (Go over the editors blog post for a good synopsis of what went on or if you want a shorter version take a look at Peninsulawyer’s post)

Now I’m not going to get into political commentary (if you want to read the political blogosphere’s take on the story try Iain Dale or Guido Fawkes blogs) or touch on the legal ramifications, I wanted to do a quick post on it from a Legal IT point of view.

In fact one twitter post stood out for me yesterday and this kind of sums up my thoughts:

The Carter-Ruck/Guardian/Trafigura press censorship story is classic example of what happens when old time lawyers meet Web 2.0 media

It’s not about actually using web 2.0. I really don’t believe that every lawyer should have a blog, be on facebook or linked in, update twitter, use instant messaging (IM). To me these are all just tools, just as the old telephone is. In fact think about it, you wouldn’t evangelise about the telephone and how everyone really must use it would you? People either use it or they don’t. The key point is that they know what it is and what it is useful for (and as important what it’s useless for).

The same goes with blogs, micro blogs, wikis, social networking, IM etc. Lawyers need to know what it is, how it is used and how it is now mainstream (don’t believe me? Read “Youth can’t live without web” and “Finland makes broadband legal right“). If they choose to use it great, but it doesn’t matter as long as they know and understand what it is.

And this is where I believe Legal IT departments can help.

I remember, back in the late 90′s when the Internet was still fairly new, doing a series of presentations with a colleague around our firms UK offices. The aim was to talk to lawyers about the technology behind the web. This was mainly for technology and media lawyers, but it was giving them an insight into the technologies that their clients would be talking about. This is what law firm IT people need to be doing now. Not necessarily advocating they use it, but talking to lawyers and helping them to understand the web 2.0 technologies, how they are used and in this case how it is impossible to “gag” a story anymore (the “Streisand effect”).

Final thought, the term “web 2.0″ or “new media”. Is it me or does this seem really dated? Surely it’s just “web” and “media” now?

I’m a strong advocate of Flexitime, I used to work in an environment where it was available and I still miss the benefits ten years on. For an employee it is a great way to get that work life balance as well as generally making you feel more productive (you put in the hours when your work demands it rather than just when the clock tells you to).

I see from today’s Legal Week that Allen & Overy are looking at an initiative to bring in flexible working. Now whether this is a true move to flexitime for all staff (including support staff),  just general flexibility for partners or meeting the 2003 legislation for parents you can’t really tell from the article. But the fact it’s in the press to me shows at least law firms are starting to think about it.

Looking at Legal IT in particular, what are the benefits of flexitime? As well as the afore mentioned obvious benefits to the employee it also has benefits for the employer.

Key at the moment are the cost savings you could get immediately by extending the core hours:

Say your current hours are a usual 9 to 5. To get staff to work long after 5 you’ll either have to have very well motivated willing staff or more likely you’ll have to pay overtime.

In a flexitime environment you could extend core hours to 6 to 8 (staff chose which 7/7.5 to work in this time), staff know that if at busy periods they work a 10 hour+ day they will be able to work shorter days when it isn’t busy. The employer gets the savings in reduced overtime pay.

Another benefit of the extended core hours is you widen your coverage in the day for customers as some will rather come in early and some will rather stay late.

Productivity usually increases as people maximise the work when it is required. They will put in the effort to reach milestones, get pieces of work done etc as they know that in the lulls they can claw the time back.

Personally I think the UK has an unhealthy focus on just the hours you’re in the office. These being more important than the work you do in those hours. Two stories stick in my mind regarding this:

• First was from a friend of mine who went to work in Germany, he told me the story of a British manager who had gone to work for the same company. The manager did the usual British thing of staying in the office late, after a few weeks his boss had pulled him to one side and told him if he couldn’t do the work in the hours allotted he clearly wasn’t the man for the job.
• The second I heard was of a manager who spoke up when challenged by the boss on the reasons why there was no one in the office late. Clearly this was an indicator that the dept needed to be busier. The manager responded by asking whether he (the boss) wanted an office where people came in and simply sat at their desks from 7 to 7 or where people were in (maybe for less time) but got the job done?

Yes there are times when extra hours are needed to get jobs done, but as I’ve pointed out flexitime helps this by allowing employees to be somewhere else when there isn’t the demand. Most employees when they feel they are being looked after will give a lot in return.

Have a look at this great post by Adrian Dayton that highlights the generational difficulties in adapting from the old way to the flexible way.

Will it happen in Legal? I recall when I first started in a law firm, the working week for support staff was 37.5 hours, thanks to competition in the London firms support staff (secretaries at the time) this was reduced to 35 hours to keep the good people. If more city firms look at flexitime then it could ripple through the top 200 fairly quickly!

I caught this article from the Times today about regional law firms (“Regional law firms take severe steps to cut costs”). The main angle of the article is nothing new to those in the legal world, another round of cost-cutting measures, shorter working weeks, sabbaticals, secondments, salary freezes etc. It focussed on regional firms or probably more specifically the mid sized UK firms (as someone pointed out in the comments Pinsents aren’t what you would call a non-London/regional firm).

I looked at this in context of an article I posted a link to on twitter yesterday “Overworked corporate counsel cut back on use of outside firms”.

Then thought to myself: Is there going to be enough legal work to go around?

I mean if the work has dried up to such an extent, are firms wise gambling that levels of work will pick up to pre 2008 levels?

What if the corporate counsel continues with the primary firms and never goes back to using larger numbers of firms? What if the general drive to keep costs low in business continues and puts pressure on law firms? And then it is highly likely we will have a change in government in the UK , one that will maybe reverse the current situation where the solution to all problems is more laws and legislation being introduced, easing the red tape on business.

The question then becomes: Will we simply have too many law firms for the work out there?

I’m guessing therefore that we will start to see a fair bit of consolidation in the legal industry in the coming years.

A series of mergers outside the top 20? Perhaps it wouldn’t interest the magic circle but maybe others in the Top 20 will refocus back on the UK and absorb some of the mid range players? I just can’t see there being the number of firms there are now around the £150m revenue mark and so I’m guessing 2010 will be a bumper year for mergers leading to a whole range on new brands in “The Lawyer UK 200 – 2010”.

I predicted Clarke and Haddin would go early on Monday this week and England would wrap up the Lord’s test early afternoon, will this be another case of a great prediction or will it be a Tony Meehan (Decca) moment? Time will tell.

Forget twitter it’s back to email marketing? Well maybe not, but a couple of things this week reminded me that email marketing is still useful and it is still used a lot.

First off was a post I caught on Larry Bodine’s blog entitled “Forget Twitter, Go Back to Email Marketing”. Now I don’t necessarily agree with the title, but there is a point in the article that I do agree with. The fact that “There is limitless opportunity for real interaction with your customers sitting right there in your email database” i.e. start using email better to interact rather than just ‘tell people’ and the fact that in most law firms CRM systems I bet there isn’t one twitter username, but there will be hundreds of email addresses.

Second was that I attended the inaugural user group for the Tikit eMarketing product yesterday (this is basically a bolt on to InterAction that manages email marketing activity) and I was surprised at the turn out. It shows that email marketing is still big for law firms.

So does the Tikit product address the direction of the blog post? i.e. the ability to react and engage with those you are mailing?

The upcoming release (v4.6) looks promising.

As well as consolidating the user interfaces of the current version and improving the technical side. There are changes proposed to enhance the reporting to generate metrics from multiple mailings and compare. So you can start to see what content is relevant to which clients. All this can be linked back to InterAction data to categorise by contact types, folders etc

These changes are setting the platform to build on the product in 2010 to allow enhanced process flows and multiple page events (allowing choices to be made by the recipient and different content delivered). There are also plans to enhance the ability for fee earners to deliver dynamic content to clients simply through the InterAction interface. There was also a session at the end on Spam. And this is the difficulty in trying to get personal in email marketing, especially if you go down the articles path of emails from partners addresses rather than “noreply@bigcompany.com”. Last thing you want is a badly formed email broadcast resulting in the partners email address being added to a spam list!

Email marketing though is still widely used and is definitely here to stay for a while, products like this are allowing you to make it more individual and relevant by track the metrics and allowing dynamic personalised content.

I did ask the “Twitter” question to the product team in a coffee break and although it isn’t planned I did get the impression that discussions about it had taken place internally. But the feeling they had was one I can see, how would you integrate twitter campaigns into CRM systems? I had an initial think on the way back and came up with:

• You could broadcast links to content and track clickthru’s, can’t really see real benefits of that as you could gain this from web stats.
• If twitter usernames were collected in the CRM system then you could @ or direct message your customers?
• Maybe you could add to the first point a tracking of RT’s of your articles and collate this information as to which twitter users are interested in what content?

But I concluded that I’m still not sure twitter is tuned to traditional eMarketing, it’s less a centralised marketing function and more an individual tool. I’m sure though there is some way to link the two, but haven’t thought of it yet. Any ideas?

Let me guess you clicked on that link for the same reason you might click on a sports link of “Ryan Giggs signs for Liverpool” or a politics link of “Gordon Brown resigns”, it seems so unlikely that you have to find out more.

Blogging is old hat, the term was first coined back in 1997. However this doesn’t mean they are obsolete by any means, in that time they have grown to the position where they are starting to really challenge television and newspapers when it comes to breaking and shaping news stories.

In the US blogs have been used widely in business for a number of years and with great effectiveness in politics. In the UK there are some great blogs out there and bloggers (especially political bloggers) appear regularly on the 24 hour news channels now. However I would argue that blogs really haven’t hit the mainstream in business and certainly not in UK law.

There are some UK legal bloggers out there, but your average big law partner isn’t blogging. It’s probably a similar argument that a certain MP for Salford used “I’m not against new media. YouTube if you want to. But it’s no substitute for knocking on doors or setting up a stall in the town centre”, this may be true but why not use both?

So to all the lawyers, what’s stopping you?

And if your IT dept hasn’t given you the software or shown you how here are some resources:-

What is a blog? Watch this video “Blogs in Plain English”

How do I start? Start by setting up a blog on WordPress.com or Blogger.com

That’s pretty much all you need.

So go on give it a try I’m sure your clients would appreciate hearing from what you have to say, you never know it may also lead to some business coming your way!