GoodLawyers and the Branding of Lawyers – 8 February 2012

Thank you all for coming this evening. In a moment I’ll introduce our guest speaker, but first I’d like to say a few words on how GoodLawyers got started, where we are now, and where we are going.

It has taken quite a few years to gestate the idea and to refine the model for GoodLawyers, a process that is still continuing.

I worked at Slater & Gordon in the early 2000s, not as a lawyer but running a large project, and I was impressed with how they were able to brand “Mum & Dad” litigation.

Clearly a brand name is missing in law, especially in the SME sector. The large firms deal with the top 500 companies, but where do the owners and managers of small and medium enterprises go? How do they find a good lawyer? The answer, as all lawyers know, is word of mouth, but clients have said to me ‘trial and error’!
There is a big difference in those two perspectives, which go to the very heart of what a brand is all about.

Most lawyers are only correct in nominating word of mouth as more important to their marketing efforts than branded law because there is no branded law firm in their space. In recent years some mid-tier law firms have been trying to change that, and I think in the long run they will succeed.

Once that happens, once the value of a brand and systems becomes significant enough that external investors can take a position in a law firm without fear of the professionals setting up down the road, a situation Slaters has made a reality, then access to capital becomes increasingly important in the business of law, and it becomes more difficult for two or three good lawyers to set up a successful practice.

Part of the purpose of GoodLawyers is to ensure that as branded law firms get stronger, lawyers in smaller practices have a brand name through which they can promote their own specific abilities.
I do not think it is good thing if law becomes corporatized and the vast majority of lawyers have no choice but to become employees of brands and capital.

Legal process outsourcing is becoming more important and through the Doha Round of the World Trade Organisation (WTO) the Australian Government is pushing for reduced trade barriers in professional services. Already, managers of Australian law firms are being offered Australian-admitted lawyers for 20 days per month for $2,500 per month. That is a real threat to the future of some lawyers and law firms, and of course is an opportunity for others.

But branding is only one element of the genesis of GoodLawyers: We have also seen that collegiality is as important to people running smaller practices and there are many opportunities for cost cutting and the acquisition of quality services through collaboration.

For most of the twentieth century lawyers were able to concentrate on their legal skills, and the most effective marketing really was who you served with in the navy or who your father knew. Marketing is rarely part of the DNA of lawyers, and this is one area where small firms can band together to access professional expertise, especially in relation to web-based marketing which is still a black art, sometimes promoted by charlatans. This is part of the purpose of GoodLawyers, to provide the requisite expertise and to help distinguish to good guys from the others. It is related to, but separate from, the need for branding.

The web is currently good at helping customers to identify low cost goods and services, but in time it will get better at identifying high quality offerings, and eventually good value offerings. In the long run, there is no substitute for or short cut to being good at what you do, in the sense of delivering the service the client demands, but in the short term there is a real risk that the firms who spend the most money on advertising will secure the most clients, leaving other firms behind.

We think that specialisation is generally a good indicator of quality, and that in the long run specialists will deliver the best value.

As I hope you all know, Goodlawyers therefore has a three part approach to generating increased revenues for Partner members:
1. We are encouraging members to refer work to each other, so that the lawyer who has most expertise in a matter gets that matter.
2. We will invest in on-line and traditional advertising to bring work to our members.
3. We will invite in-house counsel to these meetings so that they can meet and eventually instruct lawyers whom they might not usually meet, reducing some of the stranglehold large and mid-tier firms have on the mid-tier corporate work.

Clearly this dovetails with the development of the GoodLawyers business itself: Our first task is to acquire members, because without you we have very little to offer clients. We think that the ideal size of a group like this, the Sydney group, is about 100 partner members. That ought to see about 40 members at each meeting, assuming we have ten meetings a year and each member attends four meetings on average. Currently we have about 36 members, and another 100 people waiting for me to meet with them, so we are on the way.
Some people have asked what the benefit is of being a Partner level member rather than an Associate, which is free. The answer is that being an Associate is designed for more junior lawyers where their firm would not pay their subscription. It helps us to build the scale of the business quite quickly, but the risk is that there are only two Partner slots per area of expertise, and if someone else takes your slot, you will not receive many referrals. There are currently six or seven Associate members. Associates are obviously a good source of referrals and of expertise if a Partner retires and a slot become available.

Not all of our enquiries have turned into jobs, and we are investigating why that is. It may be that we will need to appoint “GP Lawyers”, people who are willing to talk to potential clients and to introduce them to Partner Members. Currently I am doing that by telephone, but my job is really to design processes so that we are scalable, so we can deal with a large number of enquiries and so we can filter out the real clients from those in search of attention or free legal advice.

I think that all of this, together with the establishment of groups in Brisbane, Melbourne and perhaps Adelaide, will take up most of the rest of this year.

I am happy to take questions later, but first I’ll introduce Leigh Adams, a Partner Member who is going to tell us about the Personal Property Securities Act 2009.

(Some of) what every lawyer needs to know about cloud computing

Cloud computing generally refers to software and data accessed via the Internet.  It derives its name from diagrams used by IT professionals to designate another network, usually the public network, with a cloud symbol.   The term requires some precision because it is currently used to refer to several different types of data storage, application programs and even commercial arrangements. These include:

  1. Web-based email like Hotmail, Yahoo or Gmail that are alternatives to MS Exchange servers run by your firm.
  2. Applications like Facebook, LinkedIn and GoodLawyers.com.au that are not owned directly by their users and have no traditional software licensing equivalent.
  3. Accounting and other applications like Saasu.com and Xero.com that are equivalent to MYOB or Quicken, but are hosted by their developers on a ‘Software as Service’ model; that is, based on a monthly subscription rather than a software license.  Sometimes these applications include additional fees for additional storage.
  4. Third party hosted storage (disk space) like DropBox, iDrive or Amazon Web Services (AWS).  Google Docs offers both on-line storage space and an on-line word processor in one product.
  5. Third party servers (or slices of a server) rented by your firm from iiNet, AWS,  RackSpace et al.  These are often called Virtual Private Servers and provide a web hosting space or application host that your IT staff can manage directly.
  6. Off-site servers owned or leased by your own company from your IT service provider and managed by them.
  7. Virtual desktops running MS Word, Outlook and various accounting applications offered by Matrix Solutions or Optus.  The hosting provider licenses a set of applications from Microsoft and others (for example MYOB) and then rents the package, usually including some support for a monthly subscription.  The applications and data are hosted by the service provider at their premises or at those of a fourth party.

The terminology ‘cloud computing’ is confusing because it blurs several important distinctions, some of which are technical while others are commercial or legal:

  1. Whether the software is licensed by your firm or your firm pays a time/user based subscription, or the software is ‘free’ or advertiser-supported, or a combination.   This affects your rights to use the software, and while in theory your access to data you own may be guaranteed under law, in practice the data may be useless without the application software.  For accounting data and business records, it is relevant that a company director is obliged to maintain proper records.
  2. Whether the equipment is owned by your firm, or leased, or your firm pays a time based fee, usually a monthly subscription.  Again, this might affect your ability to access data or to easily transfer to another provider.
  3. Whether the equipment is located at your premises or at a ‘server farm’.
  4. Whether the data is located in Australia or in another jurisdiction.

The number of permutations and variations on these themes is only going to increase, and with it the legal and commercial complexity of choosing between different options.

For lawyers, the decision of where to store data, whether made overtly or by default, may impact the ability of clients to access data even if a claim that data is privileged can be sustained.  This may expose lawyers to claims of negligence if these factors are not considered when setting up personal or office systems.

While it is easy to argue that well-managed off-site data is probably more secure than poorly managed on-site data, you may have little control over who accesses data stored at a remote location.

Well-managed on-site data is probably the most secure, but it is also the most expensive to manage because the cost of data management and security cannot be amortized across a number of people or businesses.

The greatest risk comes from poorly managed off-site data, especially data held overseas, but many applications do not give you the option of local data storage, or even local backup.  The recent Megaupload case in which Kim Dotcom was arrested by police in New Zealand on behalf of United States authorities, including the FBI, should be a reminder to all controllers of data that the security of data relies on those who have custody of data being ethically, technically and legally beyond reproach.  It is worth noting that while the majority of data stored by Megaupload was located in Hong Kong, the fact that the company leased some servers in Virginia was deemed to be a sufficient connection with the USA that the FBI was able to take control of all the data managed by Megaupload.

As usual, caveat emptor!

Christopher Eddison-Cogan is a partner at Barringer Leather Lawyers, a director of BHL Software Pty Ltd and a founder of GoodLawyers.com.au.  He is a member of the Law Society IT Committee for which this article was first prepared.

My second post

It’s taken me more than a year to do my second post – blogging seems so self-serving that I keep deleting what I write.  The last year has been very interesting; business conditions have been difficult and I have had a wide variety of clients and matters.  I claim to specialize in IT law, but much of my work has been acting for people – defending a client from their previous law firm, the usual debt recovery work, sales of businesses, employment law, family provision work, wills, probate, a divorce and even an assault case.

I went to California to find out about venture capital and the opportunities for Australian businesses in the United States, but I am pleased to report that there is now a healthy Angel Finance sector in Australia with well organised investors. When I started my first technology company more than 25 years ago there was no funding in Australia, but now, if you have a good business plan, there are opportunities to get it funded.

I also went to London to attend a conference on legal practice management.  The UK is introducing new regulations for law firms in October of this year.  Several of these changes have been operational in Australia for a while and it was interesting to see what the British thought in prospect about what we in Australia have experienced in retrospect.  There will be many changes in legal practice as technology and deregulation bring benefits for clients as well as for lawyers.  An Englishman, Richard Susskind was an early thinker in this area, and we started the goodlawyers.com.au website more than a year ago as an experiment in legal marketing.  Comments would be welcome.

My first post

I have started writing comments on on-line articles and letters to the editors of newspapers, and since the comments have been favourably received and the letters have been published I will gather a few of my thoughts together in this blog.

Coincidentally, today is the fortieth anniversary of my first day at boarding school, which I think was the first Tuesday in September, 1969. I was seven, but one of my clearest memories is of walking up the stairs to the third floor, following two “masters” who were carrying my school trunk. I think it was Mr Gorringe the Science Master and Mr Welham, who taught Maths.

I enjoy thinking about the past, even the bad times, but I also set goals for the future and try to make the most of now.  Most people consider me to be optimistic, but living in Australia, a privileged person in a privileged community, I count my blessings every day.