The question.

• Position: Ask the Authorities

Our 75-lawyer firm is in a merger discussion with a slightly smaller firm, and I am not included in the discussions. What are the high level marketing/client relationship issues they are unlikely to consider on their own, that I should raise now to get their attention?

Ann Lee Gibson

First, let's tackle due diligence. Do any of the other firm's clients provide more than 10 percent of that firm's billings? What is the average annual turnover among the major clients (those representing 80 percent of billings)? What were major clients' realization and profitability levels, which are two different things? How satisfied are they (ask them!) with the firm's services? What is the fee threshold to take a new client? How does the firm find, win and grow major new client relationships? Do they market as teams or as lone wolves? What are their business development weaknesses? Ask different partners the same questions and see how well their answers match up.

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Next, let's tackle your exclusion from the process. Did you ask to participate? If not, raise your hand now and offer to help; explain how your participation can improve or speed the process or make your firm's leaders' jobs easier. If they say yes, congratulations! If they say no, now they know you want to contribute next time, and they have an idea of how you could help. Never, ever sit around waiting shyly for someone to recognize and tap your potential value. If you don't ask for what you want, it is unlikely anyone will just hand it to you.

A member of the LMA Hall of Fame, Ann Lee Gibson advises law firms on new business development. She consults, teaches, and coaches in the areas of high-stakes competitions, competitive intelligence and sales presentations. She can be reached at 417/256-3575 or agibson@annleegibson.com.

Linda Hazelton

Create a list for firm leadership of all the marketing and business development issues and items that will require attention--it will be a long list. From collateral material, Web site changes, signage and directory listings to a media plan to client teams to internal information sharing, there are a myriad of things to address. In addition to the list, create a timeline and assign responsibilities for selected tasks. Begin researching your merger partner and its client base and create a list of your thoughts on the prime opportunities for expansion. Once these large projects are accomplished, take a look at prospects that will become key...