There’s no question that prospective clients of non-hourly priced legal services can’t find the “new normal” firms offering these services unless the firms are doing some shouting online, see our Nov. 30 post. It’s equally as clear that the shouting can be done ethically, see our Dec. 18 post. But is Google AdWords,
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Shouting Via Pay-Per-Click Advertising is OK
Online advertising by attorneys via pay-per-click* is an effective and most likely necessary means of reaching many of the prospective consumers of new normal legal services, as discussed in our previous post on “shouting.”
But before jumping in, what is the regulatory environment? Simply put, is this allowed?
More than a few of…
Marketing New Normal Firm: Shouting Still Necessary
The shift in the balance of power towards consumers means less “shouting” (marketing) about your product or service, according to Jeff Bezos, Amazon founder. “Before if you were making a product, the right business strategy was to put 70% of your attention, energy, and dollars into shouting about a product, and 30% into making a…
Patent Marking Ruling Means Bigger Damages
The Federal Circuit’s recent decision affirming the patent jury verdict in Funai v. Daewoo effectively increases the money damages that can be recovered by millions if not tens of millions of dollars. (Full disclosure: I tried the case and among other things was responsible for the damages evidence introduced at trial.) Background: The Accounting Period…
Non-Lawyer Investment Will Happen: Follow-up
Some recent posts highlight why it is inevitable that the ethical rule barring non-lawyers from investing in and managing US law firms will be lifted. See our 6/11 post. Bruce MacEwen, in Adam Smith, Esq., characterizes as “managerial malpractice” the failure by lawyers to analyze data on such things as client spending patterns,…
Smart Buyers Ask if Subs are “For Real”
I’ve had the pleasure of speaking with Andrew Moore and Sam Sweet about using their company NCC Group as a neutral “escrow” site for producing highly confidential source code in IP litigations. Andrew and Sam made a good case for using NCC’s services, which we’ll get to after the jump. First a more general insight:…
Don’t Include Trial in the Price?
Pat Lamb, in his very good book on value pricing Alternative Fee Arrangements: Value Fees and the Changing Legal Market, says that the fees and costs of a trial should never be built into the fixed fee proposed to a client. “Never”? Really? Really, says Pat. Paraphrasing what he says in his book,…
Non-Lawyer Investment Will Happen
Earlier this week, I was asked whether I had considered approaching venture capital firms to take a stake in my business [Confluence Law Partners (CLP)] large enough to cover our “burn rate” for a year or two. Apparently, what makes CLP an attractive investment is that we are, in VC-speak, “post-revenue,” i.e., in…
Litigation Price: Flat Fee Used as a Stalking Horse.
How to win the heart’s and minds of prospective clients BEFORE you give them the leverage of a flat fee…
Lack of Numbers Holds Up AFAs
JED [walking away] Numbers, Mrs. Landingham.
MRS. LANDINGHAM Excuse me? JED If you want to convince me of something, show me numbers! THE WEST WING “TWO CATHEDRALS” (2d season finale, 2001) While clients agree with the criticism of hourly billing, the reality is they still have significant reservations about using an alternative…