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November 28, 2009

Got a Little Black Book for you right here. But are you ready to do some work?

Note: Below is review of a very fine new book by Miami's Paula Black we did in August 2009. This holiday season "Black's book" would make an enduring and appreciated gift to savvy clients, to their fancy corporate lawyers, to many other services professionals--and even to certain family dogs. It's quite a book, folks.
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Most books on marketing professional services or client service--at WAC? we are asked to review quite a few of them and we usually get around to it--hit us the same way:

You just died and went to Hallmark.

For an instant, it's an immediate signal-sanction from the Cosmos of what kind of life you have led here on Earth--in case you did not understand before. It's physical.

You sag, visibly, like an animal taking a bullet. Your punishment. It came early.

And then you read on. These books tend to end the same way: "nurturing the relationship"--like that notion was revolutionary.

All of the books, to be fair, make sense. And they are all written by nice people. Especially the "marketing" books.

But rarely are any of them crafted to make things "stick." Or even make "sticking" a priority.

Then you wake up--and realize you have to write something nice. You put it off for a few more months, and go back to billing hours. There is simply nothing remarkable about that new nice book.

Well, not so for Paula Black's The Little Black Book: A Lawyer's Guide to Creating a Marketing Habit in 21 Days.

If you read this blog, you know that we think that for those with repeat corporate clients, or for those who would like such a happy component in their business model, you are always marketing when you are working. You work for a client; you are marketing right there. And woe to you and yours if you do not get that.

But we also think that very few of you have the discipline to make marketing, along with client service, a "frame of mind." In fact, we are sure of it. But the Little Black Book handles the discipline of habit-building admirably. And we like it for reasons which range from the critical and important to the purely whimsical and personal:

1. LBB is about getting quality habits--building them. The book takes you through a regimen of three weeks of getting your mind "right." There's an emphasis here on using three built-in sources of work: (a) current and former clients (everyone blows this), (b) marketing within your firm (no one can get this right, either--but Paula Black, again, does), and (c) joining organizations, which she does freshly. On (c), personally, I think of it differently--but mainly it's a matter of perspective and stress: my take is that you should focus your efforts on "influencers"--not so much organizations--who know, control or have the respect of hundreds of others.

2. The book is aesthetically pleasing. Graphically, it's a masterpiece. In fact, it's gorgeous. You might buy it just for its mode and technique of narrative. WAC? is famously shallow--it's no secret that a person who moves from D.C. to southern California just wants to get in touch with his inner cad--and just likes pretty things.

3. The book is literally indestructible. It's pretty heavy--at least a pound--and relatively flat at 155 glossy and quite durable pages. Distinctively and "horizontally" crafted (see above). On a recent trip to Alaska, I threw it four times to the three resident big goofy Labradors outside the lodge as far as I could throw it toward the boats and planes tied up on shore. They chased it, fought over it, and brought it back. All we had to do is hose LBB off. I could still pass it around at dinner. Even the ringed binding was intact. Perfect.

4. We just like the name of the book. There was once a book with a similar name I had written myself when I was in law school and working in D.C. before I was married that changed my life several times a week.

5. It contains actual advice from forty fancy lawyers who "get it"--including the IBLC's Paris member, a first rate management-side employment lawyer, who my law firm both respects and likes very much, and I will see again in October.

6. It is well thought out, easy to read, beautifully written, hard to forget--and worth every penny this blog did not have to pay.

Just buy it. But read it and do what it says. Okay? It can forge a hard-won good habit--if you work at it.

Posted by JD Hull at 11:59 PM | Comments (0)

Practice tip: Do timely object to hand grenades.

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Diane Arbus, Central Park, 1962

Even without notice, you can let some stuff slide a little when it slips into defense counsel closings: photos, videos, a few power point slides, and maybe blow-ups of handwriting samples. No reason to object. But you never know about those wild cards: firearms, working chain saws, certain munitions, live-looking grenades, those sorts of things. So do pipe up--even if you think you're winning big with the jury in an "I-can't-lose-here" jurisdiction. See at ABA Journal "Lawyer Under Fire for Using Dud Grenade in Closing".

There was no objection and the presiding judge simply asked that Kepfield remove the grenade from the table.

Kepfield's client was convicted following 15 minutes of jury deliberations, according to the Hutchinson News.

The grenade closing prop was used in a demonstration of a "real" imminent threat. A complaining witness claimed that one co-defendant in the case threatened "to kill her dog and harm her daughter" if she would not assist in the forgery of stolen checks. No timely objection to the grenade. But here the winning prosecution apparently could have it both ways:

District Attorney Keith Schroeder intends to also alert the Kansas attorney general's office.

"Clearly, I'm concerned about the situation and the safety of my employees, and I'm concerned about the way the jury's treated," Schroeder said.

Posted by Rob Bodine at 12:00 AM | Comments (0)

November 25, 2009

Greenfield

No computer will ever win a case. No gadget will replace the mind that drives the fingers that push the buttons.

SHG, Simple Justice, November 24, 2009

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NYC's Scott Greenfield in November 2004, days before alleged hunting accident in Hamptons.

Posted by JD Hull at 11:00 PM | Comments (2)

Dudes, man up! You can do it! Get a spine. Get a life. Use your real name on the Internet.

You went full retard, man. Never go full retard. Don't go home in pain.

--Robert Downey, Jr., gravely, to Ben Stiller, in Tropic Thunder (2008), about the latter's acting method in the fictional flick "Simple Jack". (DreamWorks/Red Hour Films)

Effective July 1, 2009, and absent compelling reasons, this blog deletes any comments of anonymous bloggers and commenters. Sorry if you said something touching, worthwhile or brilliant. But nameless blogosphere participants, in our view, are rarely worth anyone's time, thought, or respect. Anonymous writers have already "discounted" themselves. You can discount them, too, without worrying you're missing anything. They are second-class citizens, at best. See our past posts on the subject here and here.

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Above: The highly-respected French Resistance in action. Twenty-first century counterparts may qualify for a WAC? No-Anonymity Rule special needs exemption.

Posted by JD Hull at 03:59 AM | Comments (0)

November 23, 2009

Wanted: Improved, higher-functioning, digitally-competent Boomers.

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CBS

Baby Boomers were the first generation to grow up with TV--so why can't we take the next steps? Gen-Y and Gen-X are very right about one thing: Boomers really are big babies, and often arrogant, about Tech. We are above it, some of us think. But we aren't--and can't be. Time to grow up.

Boomers: They just don't [heart] tech enough. For a lawyer, and especially one born between 1946 and 1966, I'm not too bad at science, or even math. Geometry came easily. Calculus not so easily. At my mega-competitive college prep high school in Cincinnati, I was always one of the handful of underachievers in the mega-smart kids' math class. Those who went on to careers in medicine could always count on me to skew the grades in their direction.

I liked the Humanities much better, and still do. Science, Math, Tech, Numbers. It wasn't that they were hard; it was that they seemed, at the time, to lack mystery. Nowadays, and in doses, I do like playing with business numbers, market shares, and even budgets. Some people even say I'm good at it. But none of it really turns me on.

Numbers and the often-mathematical elegance of the Universe? Okay, I'm older now. It's all there--I admit it. But if something has "one" answer, or fits into a recognized theory, or model, it's still not as interesting to me as things that are, well, more complex, impossible to sort out quickly with Western logic, metaphysical.

I strongly associate "the need for certainty"--either scientific or moral, in either nature or society--with small ideas and small minds. I am sure that I am wrong about that. I am wrong, and wrong-headed, about many things.

Same with the new Digital World. And Word Processing, Document Management, Graphics. Frankly, I don't like any of "it"--and prefer others (always younger) do "it" for me. Documents especially. I do not like to type them, create them, edit them, manage them, store them and retrieve them. Secretly, I do not even like computers, cell phones, video-conferencing, anything electrical--and never will. I like humans, voices, winks, laughs, sneers, grimaces, smiles, flirtations, handshakes, and bodies in the room.

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Boomer lawyers discussing Cicero, Flaubert, existential dread, and EU politics before getting their Tech thing on.

But hating computers is hurting me--and wasting the time of others who I demand do it for me. I am working more and more on my tech. (If you think by the way that operating a blog is "technical", think again; the blogging platforms available make that all very easy.)

Gen-Y and Gen-X are very right about one thing: many Baby Boomers really are babies, and often arrogantly helpless cretins, about Tech. We are above it, we think. Well, we are not above it. We cannot be.

So for a guy who wrote his big thesis at Duke for a Japan history seminar on "How the Shishi Got the Chutzpah to Overthrow the Bakufu", I have come a long way with Tech.

But not far enough. I still drive two nice consultants in two cities crazy with my whines about the equipment, the programs, all the changes, all the... So I need to learn and keep doing more. I still prefer Boomers for co-workers, having given up on younger generations for the time being. Boomers will work long and passionately into their sixties, seventies and even eighties. They are never offended by hard work or complex problems. They don't think that digital toys make your work better--and they are right about that. Boomers like complexity, ambiguity, and genuinely hard problems. Gadgets? They just make you coffee, or give you a copy.

I'd rather work with a 50-year-old than anyone because he or she, generally, will go on until the last dog dies. Never prissy. Always engaged. Nothing is too hard. Boomers are "Foxhole People" to the core.

The tools of the digital world--creation, management, storage, retrieval and shipment of documents--may not make the work product better. But it does make work easier. The over-45 crowd must stop relying on younger people to do that work. And we must quit whining about Tech, and having to learn it. We cannot afford to be above it any longer.

Boomers, to be sure, are still digitally-challenged--and under-performing on Tech. We are too content to be able to turn computers on and off, send and receive e-mail, and use search engines. We were the first generation to grow up with TV--why can't we take the next steps?

So it's not enough. I promise to learn more. Anybody with me?

Posted by JD Hull at 11:59 PM | Comments (3)

November 22, 2009

Yes. But New Orleans birthed "it".

Posted by JD Hull at 12:47 PM | Comments (1)