Inspecting the inner workings of the Chambers submission machinery (Photo by Shane Aldendorff on Unsplash)

Changes to Chambers Submission Template (UK onwards)

Not the most exciting title but since (a) Chambers & Partners hasn’t shouted from the rooftops about the changes and (b) these are important things for directory submission-preparers to know about, I’m shouting about it for you.

Chambers introduced a new submission template when it announced the Chambers UK schedule. The template can be found in the “Forms” section of the menu on left-side of screen here: https://chambers.com/research/submissions

At first glance, it looks like not much changed but the changes are significant.

Key changes as follows:

1) Chambers has essentially merged the old sections B10 and C2 (“what is the department known for” and “feedback on your rankings”) under the new section B10, so all your key arguments go in one place – that’s a sensible step. There’s a nominal 500-word limit, so it’s more important than ever to avoid fluff and to present concisely – even more reason to use bullet points.

2) As some SavageNash blogs had trailed earlier this year, Chambers has introduced specific segments to cover diversity & inclusion data. These are covered in sections B2-B6 in the new form. They ask explicitly for gender, minority, LGBT and disability stats (by practice, which may make it hard to get some of the requested data). Now that Chambers has broken through that wall, I would fully expect The Legal 500 to follow suit in due course.

3) Chambers has excised the old section B11 (notes on press coverage, other awards and rankings) and the old sections B8-B9 (foreign experts and foreign desks). These were largely superfluous and it makes sense to get rid.

4) The old sections B6-B7 (lawyer nominations) have been merged under what is now section B9 in the new form. This means that all nominations of ranked and unranked lawyers go together in the same section (with a Yes/No box to mark whether they are currently ranked or not).

In summary: use the new form for Chambers UK and all other guides going forward after that!

 

About the author: my name is Mike Nash and I’m one of three specialist directories consultants at SavageNash Legal Communications, all of whom are senior former directories editors; two of us also worked in-house in marketing & communications at international law firms. If you’d like to know more about how we could help your law firm with your directories needs, then please use the “Contact US” section to get in touch.

 

 

The NFL and Directories – The Stretch

They say don’t combine business with pleasure. Sage advice. I’m going to ignore it.

You see, The Legal 500 EMEA deadline is here and so is the NFL Preseason. And there are only three more Sundays until the next Chambers USA and Europe deadlines. Yup, you guessed it: only three more Sundays until the NFL Regular Season.

Anyone who’s spent enough time in my company will know I’ve spent a long time working in directories and even longer loving American football. There are more links between these things than you can possibly imagine.

So, in a sequence of tenuous segues and comparators, I mash up some powerful lessons for legal directories out of the magic of the NFL. If you feel the need to look away, do so now! Law firms can end up saying the same things as other law firms, much in the way that NFL teams copy what works and often run the same offense (US spelling for this as it seems wrong to use UK spelling in this context!). So be the Ravens, not the Lions. But be Juju, not Antonio.

Bonus points if you figured out who Philip Rivers thinks is wide open in the picture above.

Lesson 1) The Longest Yard. No, not the film. I mean Kevin Dyson catching a pass from the late, lamented Steve McNair (RIP) and straining every sinew to get the ball across the line on the final play of Super Bowl XXXIV but being held one yard short by the iron grip of Mike Jones. One of the best Super Bowls ever played. And simultaneously the worst, if you’re a Titans fan. It was also the last and only time the Titans made the Big Dance. But there’s always next year. Or this year!

Translation: Don’t let last year’s ranking disappointment, erm, disappoint you. Just like an NFL team with $177 million for player salaries this year, keep trucking for the next cycle. Persistence pays off because the directories want to see consistent performance over time. Learn from the errors of last year with honest self-analysis: what’s new? What’s different? What did the directories tell us? What didn’t the directories tell us? What does the writeup reveal? Modify the messages for this year to show what you do outstandingly well, not just an everyone-says-it list of what you can do. If your client referees didn’t respond, change the list for this year and communicate to them how quick and painless it is for them but how important it is to you. Promise them a year off from being a referee if they reply!

Lesson 2) Moving on. You might be Mike McCarthy but, now that you’ve moved on, you’re still Mike McCarthy and you still need a job. When you get a job, you still won’t have Aaron Rodgers; even worse, you’ve been replaced by a young offensive mind who was such an offensive genius that it took him nigh on half a season to work out THAT DERRICK HENRY IS A BEAST and you could, you know, hand him the ball once in a while and things might go better. Life isn’t fair, Mike McCarthy. When you’re Andy Reid, meanwhile, you have a big name and an emerging superstar. But you didn’t win a Super Bowl at your last place of employment (the one which won a Super Bowl without you just after you left) and now your current team just looked like world beaters until being ground into the dust just short of the aforementioned Big Dance. So, what does this season hold for you?

Translation: It’s common for big-name lawyers and teams of lawyers to expect the directories to transpose a prior ranking of the person or practice from one law firm to another. But it doesn’t always work out that way and the benefit of the move needs to be outlined and evidenced. Here are steps you can take to improve the chances that it does: (1) make sure the move is brought to the attention of the researcher prominently, and update the researcher if the move happens during the research period; (2) substantiate the person’s move by showcasing which clients or pieces of work have moved over to the new practice – the directories want to see that the lawyer/team is still in demand and clients following is a sure sign. If the move occurred in a tricky period – just before the submission deadline or after research ended – then update the researcher as you go along. A deadline that is in September, for example, might not finish research until 1-3 months later, so use that period to gather some new work highlights for the new arrival and provide them to the researcher during the research period. (3) Make sure to provide client referees to support the lawyer or team. Lastly, (4) be patient. If the move happened soon before research, then it might take a year for enough clients to move across for you to be able to make the convincing argument for the team or lawyer to be ranked higher. If, like Andy Reid, you have a rising star in your team (of counsel, senior associate, young partner), make sure to flag it up to the directories and substantiate their case for recognition. This is going to help the individual but it’s also going to help show the team’s depth of talent. Let’s assume you can’t put them on an NFL field for a critical no-look pass, so let’s just settle for evidencing the work they’ve been involved in and making sure some of the client referees can speak about them.

Lesson 3) The Stretch. Stretching is important. Keeps those hamstrings loose. Winning down the stretch is important, otherwise your 6-2 start turns into a 9-7 limp backwards into the Playoffs and a first-round loss. Jeff Fisher is Bill Belichick is a stretch. Tom Brady* is the most successful quarterback in NFL history. Blake Bortles is not. To take the decision to pay Blake Bortles vast sums in an effort to persuade yourselves and the public that he will lead the path to greatness would be a stretch. Oh. Wait. You did what?

Translation: Don’t pad the unpaddable. I’m talking arguments in favour of a law firm’s practice here, not shoulder pads. It is an unadorned truth that most good to excellent law firm practices in any area of the law could (and usually do) say in their directory submissions that they can do everything. The issue is that any researcher will be presented with anything from high dozens to 150 submissions saying much the same during one reporting period (across one jurisdiction or multiple practice areas), thus said similar messages from many sources blur into one. So, dial in on what the practice has done exceptionally well (a) traditionally and (b) recently and make those the focus. Aside from a brief acknowledgement of the practice’s comprehensive scope, focus opening arguments on the points of difference. When set against a field of a dozen or so law firms with similar scope and presenting high-calibre work, it’s the sophisticated, difficult, innovative and/or just downright biggest ever which make the difference. Placement of the most impactful (precedent-setting or first of a kind / largest) deals and cases high up the running order is a crucial part of that because researchers wade through thousands of examples of work. State the difference-making nature of the matter explicitly, rather than leaving it implicit on the assumption that it speaks for itself. Often, it doesn’t.

*Note to Pats fans: I said most successful. Note to 49ers fans: I said most successful.

Lesson 4) Ringing the Bell. The NFL has come a long way in terms of health safeguards since the issue of concussion arose. Many other sports have now followed suit with concussion protocol tests for players suspected of being injured in this way. Helmets are more loose-fitting. Team-mates and opponents no longer “ring the bell”. Certain types of tackles and techniques have been outlawed from the game or become obsolete. The demise of the XFL rather proved that spear tackles are gone for good. After one of the biggest crises the game has endured, the NFL has been upfront about how it is working to make things better.

Translation: In the same forward-looking spirit, it is worth considering your law firm’s statistics and initiatives for diversity, inclusion and wellbeing. These are subjects which have come up regularly in questions over the past year or so as both Chambers and The Legal 500 begin to explore these issues more fully, and to champion mental health and wellbeing in the law. It’s pretty likely that in the foreseeably near future one or other of the major directories will request D&I and wellbeing information in its submission processes; some processes for certain awards and national directories already request it. If one major directory does so, the other is sure to follow suit. Your law firm might be hesitant to release such information, for fear of looking bad. But the law firms which accept they have work to do and show the improvements and efforts they are making will earn some measure of credit for doing so. I would expect a minority of law firms to provide such information in the first year it is requested, but then more to follow the next year as many law firms realise their situation is comparable with or better than some of their peer law firms. So, why not be forward-thinking to collate and voluntarily supply information on these statistics and initiatives in your next round of submissions before you’re requested to provide it? You can only affect the conversation by being in it.

Lesson 5) Trust the process. Do. Your. Job. You might not like the Pats, but you have to acknowledge (genuine) greatness when you see it. A dominant franchise and the sport’s best coach combined with its most successful quarterback* and a rolling cast of important contributors from great to small. Imitations abound. Famously working to the maxim: Do Your Job. Trusting the process – that if you do yours, your teammates will do theirs.

Translation: Directories season is a grind for each practice but it’s essential to do it right if you want results. Claims need to be substantiated and you must have fresh examples of relevant work and client referees to push the case for a practice or its lawyers. If one aspect of information or another is missing, little by little it diminishes the chances of the whole submission. Be clear and explicit about every positive, difference-making point. Advance the arguments you made last year to show progress since. If you show the researcher strong arguments and supporting evidence, then follow best practice guidelines on selecting client referees and encouraging them to reply, you can trust the directories process to achieve results for you with consistent participation.

*Note to Pats fans: I said most successful. Note to 49ers fans: I said most successful.

To put my money where my mouth is, the first US law firm wanting help drafting or editing a Chambers or Legal 500 sports law submission will get that help for free. Unless they work for the Colts.

Pretty sure peeps stopped reading a while back but, in case you’re still with me, this is the end of the article. You’ve done well. Here are some random wishes for the upcoming NFL season: Marcus Mariota plays every game. Derrick Henry plays every game. Kevin Byard plays every game. Taylor Lewan plays every game (after his suspension!). Titans win a game against the Colts (yay!). Titans go deep in the Playoffs. Browns make the Playoffs. The NFL ditches the pass interference review.

#TitanUp

About the author: my name is Mike Nash and I’m one of three specialist directories consultants at SavageNash Legal Communications, all of whom are senior former directories editors and collectively have 40 years’ experience of legal directories; two of us worked in-house in marketing & communications at international law firms. If you’d like to know more about how we could help your law firm with your directories needs, then please look around our website, use it to contact us directly or contact me via LinkedIn.

About the article: This is a SavageNash website version of an identical article uploaded simultaneously on LinkedIn.

Don’t Howl. Listen.

Staring at the moon. Staring at legal directory rankings. Both likely to induce involuntary howling.

But don’t. Listen instead.

Leaving aside the moon part for the astronomers out there, I’ll focus the rest of this short soliloquy on the subject of new legal directory rankings and how to approach them. It seems like a good time to do so, since Chambers & Partners launched its High Net Worth and Canada guides in the past couple of weeks (here), and The Legal 500 UK 2018 edition went live about 15 hours ago (here).

So, you’re mid mouth opening, ready to scream at the rash of results and the awareness that some folks are going to be less than best pleased. You’re attempting to get your head round the results and how it compares to last year, and related issues such as, “why don’t they show last year’s results to make my job easier?”

Bite your lip, stifle that howl, and do not – under any circumstances – look at the moon. Then take a look at the new rankings. The positions are what they are, but the rankings and the written content, in particular, can tell you a lot.

Leaving aside the obvious need for self-awareness of (a) whether you made a submission for the practice area and (b) whether key lawyers left in the lead-up to (or during) research, here are just some of the things those new results can tell you:

1) Are there any quotes cited by the directory? No? This is a decent sign that your reference outreach efforts weren’t successful. The ideal scenario is that numerous referees reply and say much the same thing, giving researchers a clear trend to follow (and then evidence). Even if responses were limited in number, there’s some value in anecdote. In either situation, researchers will quote client comments (peer comments too, in the case of Chambers). If there are no quotes, then it’s highly likely that very few or no references replied, or – at the very least – that what they said was monosyllabic and unhelpful. This gives point 1 in the list of tips for improving things during next year’s application. (Note to self: find more references to respond!)

2) Are only one or two of your lawyers mentioned? If so, it’s worth looking at whether you supplied enough references or examples of work to support the application of lawyers who were not recommended. This is especially important in the case of Chambers, where you are limited to 20 references – don’t let one star partner hog all the referees but, equally, don’t try to share 20 between 15 lawyers. A good rule of thumb is that 1 in 3 or 4 references will reply. Spam filters and busy workloads will get in the way of the rest of them. So try to have at least 3 or 4 references for each partner you really want to push for a ranking. And give the younger lawyers some airtime with some references of their own (often possible to do where they have worked for a client alongside one of the partners you are putting forward).

3) Did you work on the very same matters as the firms in Tier 1 / Band 1, but you’re in Tier 3 / Band 3? Did you actually tell the directories about those matters? And, even if you did, did you do so on a publishable basis? If not, that’s something to reconsider for next year. Researchers can only work with what is available. Matters not in the public domain can only come to their attention through conversation with the parties involved. While there is always a concern over client confidentiality (especially in some more conservative markets or practice areas), information is the currency of the directories and they need something to go in order to make a best case for your firm. The leading global directories (and the leading local ones) have reputations that are utterly reliant on how they treat confidential information. Breaches are vanishingly rare. Trust them with some of your best examples of work – fully communicating your involvement in a top case or deal, even on a confidential basis, will allow researchers to go away and cross-reference, and often validate the matter. If it can be validated, then you’ll get full credit, just like your Tier 1 / Band 1 rival did.

4) Did the writeup miss a crucial point of the practice? Check if your firm did an interview in the practice area. Was that point mentioned in the submission or the interview? In these situations, often it turns out that it wasn’t. (Note to self: point of emphasis for next year.)

5) Is the write-up bland and lacking incisive coverage of your cutting-edge case? If so, take a look if you pitched the submission at the right level. If the submission reads like an excellent lawyerly article, then it’s too high-level. Some researchers have done legal training or practised, but most have not. Pitch the practice to them in the language of what they are: intelligent layman journalists that will understand complex points when explained clearly. Help them understand how that acronym is actually the most fundamental point of law governing your firm’s practice in this area.

6) Is your firm working for the same clients and on the same matters as your higher-ranked rivals? If so, and these matters are written about in both write-ups, then that is a signal to pose the question to the directory: where did we fall short? How can we provide better evidence? Chambers and The Legal 500 both openly invite queries about the rankings, so take advantage. The answers will give you points to focus on for next year. Sometimes it might provide a useful reality check such as, “yes, you acted on that top matter but all of the Band 1 firms were doing that level of work routinely, whereas this was an exceptional matter for your firm”. In those circumstances, it helps to manage expectations and perhaps even to look at diverting resources to focus on optimising more important submissions next year.

New Practice Area – Foggy Thinking?

Alternative title: “It’s New! Should I Be Excited?!”

Look carefully through new directory guidelines and you will often see that there’s been a change to the coverage – something changed in some way or something is being looked at for the first time, whether that’s a new jurisdiction or a new practice area.

What do you do when you see one (and after you’ve checked if your firm has such a practice)? Here’s some brief advice:
1) Ask the directory in question for a practice area definition (if none has been provided)
2) Correlate your firm’s own practice area definition to the directory’s description
3) Don’t be constrained – assume that a new practice area will be open to some modification, dependent on the research information accrued. That means you have a chance to shape the new practice area coverage – maybe there is something your firm does that is clearly relevant to the area but which is not covered by the directory’s definition
4) Check with the lawyers – ask them for an honest view of whether the practice is deep or expansive enough to compete with leading practices in the area
5) Check the other directory – if one major directory launches a new practice area, check if the other major directory already covers it, or vice versa. The directories tend to obtain similar information and while the minutiae of results may vary, typically the nature of the practices and the bulk of contenders will be similar. If there is existing coverage by one directory, it will give you a sense of the level of opposition
6) If it’s entirely new – if the practice area has not been previously covered by either major directory, it is worth making a submission in the first year because nobody knows the level of the opposition. If you can substantiate your arguments, you have a fair to good chance of a ranking and the chance to establish your track record from the very beginning of the coverage
7) Outline prior track record – consistency of practice is a key judgement, so outline your firm’s prior track record in the area, whether that’s from decades back or examples of work from the year prior to the main time period under review
8) Get an interview early – in a new practice area, the researcher will be feeling their way through the subject. Obtain an interview and get in early, so that your lawyers can help the researcher to understand the subject and to help shape their view. That allows you to help them and, in doing so, to help them see what’s good about your firm’s proposition.

Chambers: How To Request Adding A New Category

A question we’ve been asked a lot over the past few weeks is, “how do we suggest to Chambers that they should add a new ranking table in state X/practice area X?”. As Chambers USA is gearing up for its 2018 research cycle (yes, we can hear the screams of joy/pain from here), it’s a good time to lay out a few guidelines. Please get in touch if you’d like further advice – we’d love to help.

The key things when proposing new categories is that (1) you don’t appear purely self-serving, and (2) you convey how this will be a useful resource for corporate counsel (Chambers‘ primary intended readership). An expansion of those considerations is below – we’ve used a hypothetical Texas Leisure & Hospitality table as an example throughout.

Process: Send a one or two-page proposal (no more than that – as ever, the more concise the better) to the relevant Chambers editor, explaining why the addition of a new category makes sense based on the criteria below.

Timing: Ideally before the research cycle starts, so the editors have time to consider the proposal and work it into their deadlines if they decide to go ahead. Given the current USA research cycle is essentially underway, the sooner the better.

1. Why would CLIENTS find a separate table for Texas Leisure & Hospitality useful?
Note CAPS above: remember that Chambers writes predominantly for corporate counsel, not for law firms. The tables therefore need to be useful for corporate counsel first and foremost.

Things to consider might be – why do clients need specific advice in Texas Leisure & Hospitality? For example, does Texas have a distinct set of regulations surrounding the leisure & hospitality industry that make specializing in that state essential for doing deals there, as opposed to simply having a strong nationwide Leisure & Hospitality practice?

2. Is the Texas Leisure & Hospitality market big enough?
Chambers will be reluctant to add a table where the niche is so small as to be insignificant. Do you have stats that show overall year-on-year deal volumes? The type of clients doing deals in the area?

Your aim should be to show Chambers, “look, here’s this multibillion-dollar industry in this jurisdiction, deals are numerous, complex and sizeable, involving major corporates/banks, and you’re missing it”.

3. Is there a distinct and sizeable group of firms that would comprise this table?
Obviously a firm is unlikely to suggest an additional table in an area where the firm has no chance of being ranked. But Chambers will take a dim view of a firm that says, “we think you should add a new Texas Leisure & Hospitality category – oh, and by the way, we are basically the only law firm that operates in this space – we’re so great that nobody else gets a look-in”. That’s not going to get you anywhere.

You need to prove, ideally through hard evidence (league tables could be one obvious way, though there are many more), that there’s a group of firms – I’d suggest at least 5 – competing for a significant amount of high-end work, who are all known as leaders in the area among clients, who all have partner-level expertise based in that jurisdiction, who all represent major players in the market, and who all play lead roles on major matters each year.

4. Consider a joint proposal
The most effective way of not being self-serving is to do a joint proposal with other firms in the market that might have a stake in this table. Even better, team up with amenable corporate counsel who can reinforce the message to Chambers that Texas Leisure & Hospitality is a notable omission from Chambers‘ coverage that should be rectified.

If there are a couple of specialist firms who ONLY do this type of work and who are therefore missing out on the chance of a Chambers ranking altogether (because of a lack of an appropriate table), think about approaching them too. More ranked firms theoretically means more potential sales targets for Chambers, so you’re appealing to the business case too (call me cynical, but it’s still a valid consideration I think).