Heather J Gore Liddell & Christopher Marohn

As the legal landscape continues to evolve, continuing legal education (CLE) organizations face new challenges in providing effective leadership to drive business growth. In today's competitive environment, CLE organizations must be agile and innovative in their approach to building business. In this blog post, we will explore strategies, resources, and common problems associated with providing leadership in CLE organizations, with a focus on building business in new ways.

One key strategy for CLE organizations to build business in new ways is to prioritize market research and customer insights. Understanding the needs and preferences of your target audience is essential in developing relevant and appealing CLE programs and services. This can be achieved through various methods such as surveys, focus groups, and data analysis. Traditional methods such as phone calls or conducting in-person, face-to-face 1:1 conversations with the potential market are also quite effective. Further, when conducting market research, many junior or transitional lawyers may not know the skills and competencies they need. Connecting with a few more senior subject matter experts will ensure all “need to know” topics are also covered in your market research. While this may be a time-consuming exercise, by collecting and analyzing data on market trends, customer feedback, and competitors' offerings, CLE organizations can identify opportunities for growth and tailor offerings to meet the evolving needs of their customers. TIP: Ensure your chosen format is accessible to those you are questioning, and that the questions are written in a clear, non-leading manner. You should also clearly communicate the time commitment participation in the survey, focus group, etc., will require.

Another important strategy is to embrace technology and innovation. Technology has transformed the way we live and work, and CLE organizations need to adapt to the digital age to remain competitive. Investing in cutting-edge learning management systems (LMS), online platforms, and other technological solutions can enable CLE organizations to deliver high-quality and convenient learning experiences to customers. This may include offering online courses, webinars, virtual conferences, and other digital offerings that provide flexibility and accessibility to busy legal professionals. Additionally, can technology, collaborative platforms, or AI be used by your team to help streamline and create efficiencies in their day-to-day work tasks? ChatGPT4 has a host of new features that could contribute—successfully—to work product. For instance, could this help write marketing copy? Provide analysis of data or the competitive landscape? For these reasons, and more, any CLE organization should not only research these as topic ideas for their programs, but for internal training as well.

In addition to technology, CLE organizations should also explore strategic partnerships and collaborations as a way to expand their business. Partnering with other organizations, such as bar associations, law firms, or legal vendors, can provide access to new markets, expertise, and resources. Collaborating with other stakeholders in the legal industry can lead to mutually beneficial relationships that may drive business growth and innovation.

Resources play a critical role in the success of CLE organizations. Ensuring that the organization has the necessary financial, human, and technological resources to execute its business strategies is essential. This may involve securing funding from sponsors or donors, recruiting and retaining top talent, and investing in infrastructure and technology to support the organization's operations. Adequate resources are key to supporting the execution of strategic initiatives and driving business growth. Over the last few years, the competitive job market and virtual on-boarding has been a challenge for many organizations, including CLE providers. While this may not be the case long-term, these are issues that will confront all senior leaders for at least the next one to three years. While it may be daunting and unclear what the right path is, leaders can only make the best decisions possible with the information they have (or best predictions based on such information). The key to success is to check in on your plan and strategies to ensure you have time to pivot and revise before it is too late. It is also important to have a succession plan in place and clearly documented processes to ensure your organization is protected, should any key staff leave.

However, there are also common problems that CLE organizations may face in providing effective leadership for business growth. One challenge is navigating the complex and changing regulatory environment. CLE organizations must stay updated on changes in accreditation requirements, compliance standards, and other regulations that impact their operations. Failure to comply with regulatory requirements can result in penalties, loss of accreditation, and reputational damage.

Another challenge is addressing the diverse needs and expectations of a multi-generational workforce. CLE organizations may have employees and customers from different generations, each with their own unique preferences and expectations for learning and professional development. Effective leadership requires understanding and accommodating these differences, such as offering a mix of traditional and digital learning formats, providing opportunities for mentorship and coaching, and fostering a positive and inclusive work culture that embraces diversity.

In conclusion, providing leadership in CLE organizations is complex and requires a strategic and innovative approach to building business in new ways, including frequent touchpoints on whether or not your strategy is “winning.” Strategies such as prioritizing market research, embracing technology and innovation, exploring strategic partnerships, and ensuring adequate resources are essential for driving business growth. However, CLE organizations must also navigate challenges such as regulatory compliance and addressing the diverse needs of a multi-generational workforce. By leveraging these strategies and resources while addressing common problems, CLE organizations can position themselves for success in today's dynamic legal landscape.

I joined ACLEA in 2000, the year also known as “Y2K.” The numeroynm was an abbreviation for the year 2000 software problem related to the formatting and storage of calendar data. Back in the 1960s, computer memory was expensive and scarce, so programmers decided to use a two-digit number to represent the four-digit year. Which wasn’t a problem until, well, the approach of the year 2000. Programmers scrambled to fix the problem and for the most part, things worked okay, but we learned a valuable lesson: when it comes to technology, we always need to be looking ahead.

For the nearly two decades I’ve been around, the Publications SIG has been discussing how to keep our products offerings relevant as technology transforms the legal industry. We know lawyers are typically “late-adopters” of technology, but according to the results of the Wolters Kluwer 2019 Future Ready Lawyer Survey, lawyer use of transformational technologies will double by 20222. The survey of 700 professionals from law firms, corporate legal departments, and business services firms focuses on current state, future priorities, and preparedness in three key areas: tools and technology; client needs and expectations; and organization and talent. The resulting report is a great resource for those of us planning products and programs for lawyers. The key trends expected to impact legal organizations over the next three years are:

• Coping with increased volume and complexity of information;
• Emphasizing improved efficiency and productivity;
• Understanding legal technology of highest value;
• Meeting changing client and leadership expectations; and
• Coping with financial issues, including greater competition, new and alternative fee structures, and cost containment pressures.

The free survey report has a great deal of interesting statistics and findings, including how firms currently use foundational, enabling, and transformational technology; the emerging generation gap with transformational technologies; the top reasons new technology is resisted; and much more. I highly recommend checking it out!

ACLEA’s 52nd annual conference in Seattle featured a series of TED-style talks focused on the future and what different aspects of the legal profession and continuing legal education might be like in 2025. This post is based on one of those talks, The Future of Marketing, presented by Carmen Hill.

Is the Future of Marketing Already Here?

By Carmen Hill

It’s hard to believe, but by the time 2025 rolls around, it will have been 50 years since the U.S. Supreme Court upheld the right of lawyers to advertise their services in the case of Bates vs. State Bar of Arizona. During that time we’ve seen changes that would have seemed like science fiction: the internet, smartphones, social media, marketing automation… the list goes on and on.

Meanwhile, legal marketing evolved (devolved?) into the over-the-top genre of late-night TV and billboard ads that inspired the hit Netflix series Better Call Saul. And it’s safe to say change is only going to accelerate between now and 2025.

Meet the Class of 2025

In 2025, there will be almost 10 more years of new, young lawyers in the field, and many older lawyers will have retired by then. Generation Z is the cohort of six to 18-year-olds that makes up 25% of the U.S. population. In just a few years they’ll account for 40% of all consumers.

It almost goes without saying that this will be a generation of digital natives. Lawyers who graduate in 2025 have never experienced life without the internet or Google. They’ve been able to tap an iPhone screen since they were in second grade, and swipe right for “yes” or left for “no” since they were old enough to go on their first date.

Meanwhile, millennials, or Generation Y,  are already the largest generation in the U.S. workforce. By 2025 they’ll make up nearly half of it. You may already be sick of hearing about millennials, but ignore them at your peril. More than 70% of millennials are involved in researching or making decisions about what products and services their companies buy (The Next Generation of B2B). And they are far more likely to use digital channels like search engines and social media to make those decisions.

The Future Is Already Here

It’s not just the future of marketing that will be digital; it’s the present. Today, you’re not only competing with other law firms for attention you’re competing with everything else on the internet. The days when you could buy an ad and expect millions of people to see it are long gone. Because at the same time marketers look to technology for new ways to reach consumers, those same consumers are finding new ways to filter them out.

First we had the mute button. Then we had TiVo and DVRs. Now, a lot of people—especially younger people—are getting rid of their TV altogether and watching online. Oh, and if you want to reach people online? That’s getting harder too.

• There’s a less than one percent chance that someone will click on your banner ad (Think with Google).

• And 41% of millennials will never see your ad to start with, because they’re using ad blocking software (Page Fair).

The Generation Gap

Jill Switzer, who writes for Above the Law, says both oldster and youngster lawyers are battling for the same slice of the shrinking pie. One of the “youngsters” is Bryan Wilson, from Fort Worth, Texas: The Texas Law Hawk. He graduated from Texas Tech law school a few years ago, and was voted “Most likely to do a TV commercial.” But he put a millennial twist on that notion: rather than pay big bucks for TV advertising, he made funny videos with his friends and posted them on YouTube.

This Fourth of July-themed ad is one of several that Bryan Wilson has produced. This one alone has had nearly 200,000 views on YouTube.

Wilson spent just $500 on his first ad and not a whole lot more than that on the others. But his phone is ringing off the hook. In this recent interview with D Magazine he said his biggest problem right now is that he has too many clients.

Others are disrupting not only legal marketing, but also legal services. Joshua Browder, a 19-year-old Stanford University student, launched a chat bot app called DoNotPay (Business Insider). It helps people who can’t afford a lawyer to fight simple legal battles like parking tickets for free. His “robot lawyer” has already beat more than 150-thousand tickets. Joshua Browder isn’t paying for advertising… he’s getting it all for free in the form of media coverage.

So, what’s next?

The Guardian writes that over the next 10 years most marketing will become like Amazon Recommends on steroids. If it creeps you out to have a pair of shoes you saw on Zappos follow you around the internet, just wait till your refrigerator tells you it’s time to stock up on ketchup—or even places the order for you on Amazon. Technology, combined with both big data and small data, will make it possible for marketers to be even more targeted, personalized and automated than we already are.

What if lawyer ads appeared on your car dashboard when you have an accident or get pulled over? This is not all that far-fetched. Several years ago Mercedes unveiled its concept of an augmented reality dashboard at the Consumer Electronics Show. And some predict that within only a few years, 90% of cars will be connected to the internet (CNN).

Wi-Fi-enabled cars could offer some intriguing opportunities for audience targeting: For example, parents and kids on the way to school or people commuting to work. What if you’re not even driving your car? How does a driverless car talk its way out of a ticket? This is what’s coming, sooner than you think.

Digital Trends You Should Not Ignore

It’s impossible to say for sure what marketing will look like in 2025, but many of the same trends are affecting every business. As we’re already seeing, communication will become increasingly fragmented, broken into smaller bits on mobile devices and social media. Generation Z will be filtering what they choose to see and hear with split-second speed and precision. And it will all be happening all the time.

While you’re waiting to see what comes next, there are a few future-friendly things that simply cannot wait.

1. Make sure your website loads fast. You’ve only got a couple of seconds to show someone why they should stick around.

2. Make sure your website is mobile-friendly with a responsive design that is easy for visitors to use on any device. If you don’t, site visitors will punish you by leaving, and Google will punish you with a bad search ranking.

3. Invest in high-quality, valuable content that meets the needs of your prospective clients. Because if you don’t, your competitors else will.

Technology Is Just an Enabler

Regardless of where technology goes, the future of marketing still comes down to people. Nearly 40% of people still choose a lawyer the way they did a century ago: through someone they know (Moses & Rooth). No billboard, TV ad or even viral YouTube video holds a candle to the recommendations of trusted friends, family and colleagues. In short, understand the clients you’re trying to reach. Be helpful. Be interesting. And focus on providing the kind of experiences that clients love, even before they become a client.