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Dealing with Change: Law firm leaders discuss challenges and the effects of technology

Al Dotson

  Managing partner-elect, Bilzin Sumberg, Miami

 Al Dotson Al Dotson

Dotson has served on his firm’s executive committee since 2012 and also served as practice group leader of the firm’s land development and government relations practice group for years. He is managing partnerelect and will formally take over management of the firm in 2019. He succeeds John Sumberg, who has served in this capacity since the firm’s inception 20 years ago. Sumberg will assume the role of chairman.

Q: What’s the most challenging aspect of running a law firm today?

A: Attracting and retaining talent is a challenge for any law firm, particularly in today’s cross-generational workplace. Bilzin Sumberg places high priority on leadership development because we recognize the importance of cultivating the next generation of leaders. Our associates and junior partners work one-on-one alongside senior partners, and because of our lean staffing model, our associates are provided greater opportunities for hands-on learning. This not only leads to a more cohesive firm culture, but it makes us more responsive to the needs and concerns of our next generation.

Q: How has the practice of law changed most in the past five to 10 years?

A: Clients are willing to pay for good work but are increasingly demanding that a firm understands their business objectives and provides good and efficient legal services. More than anything, clients want predictability with their legal services and fees. We accomplish this through legal project management, which is based on principles of predictability, accountability, transparency and open communication, utilizing software platforms to increase efficiency and control costs.

Q: Has your firm’s policy on pro bono work changed through the years? If so, how?

A: We augment pro bono legal services with expansive involvement by our attorneys in community-based organizations and community initiatives as leaders. We also provide financial support to numerous non-profits. All of our employees participate through our signature volunteer program, Bilzin Sumberg Cares. An example of our community engagement is the firm’s support of the development for a new $25-million five-story facility for Lotus House Women’s Shelter in Miami. On a pro bono basis, we assisted with legal work behind the real estate, financing, zoning and environmental requirements for the project. The new facility opened earlier this year and is capable of housing nearly 450 homeless women and children — providing them essential services from housing, to medical care to skills training to re-enter the workplace.

Marie Tomassi

  Managing shareholder, Trenam Law, Tampa / St. Petersburg

 Marie Tomassi Marie Tomassi

Tomassi, who served as one of three lawyers on Trenam’s management committee for about seven years, became managing partner five years ago after a change in leadership structure created the managing shareholder role.

Q: What’s the most challenging aspect of running a law firm?

A: We are highly collaborative and collegial at Trenam. We want to maintain this culture while also continuing to grow our firm, which requires diligence in the growth and integration process. Making strategically smart, nimble changes can be challenging. For example, we added cybersecurity as a practice area earlier than many firms, which can be risky but, in this instance, turned out to be spot-on.

Q: How has the practice of law changed most in the past five to 10 years?

A: Technological advances have permitted much more efficiency in parts of the practice, freeing up some lawyer time to learn more about a client’s business and have an even better understanding of the context for client needs. Access to useful information is now at our fingertips. It is an exciting, fast-paced time to practice law. There also has been a record number of mergers happening during the past couple of years, leading to more large firms and more competition for client work.

Q: How has technology changed your firm’s practice?

A: We’ve streamlined many operational tasks, such as time-entry, expense-processing and new-matter opening. And we’ve been able to embark on more marketing and business development adventures with new customer relationship management software. Technology also has made the practice more of a constant presence or, as some say, a 24/7 profession. New solutions help our attorneys respond to client needs from wherever they may be, whether from home or working at night and over the weekend. Being responsive is one of the tenets of our Code of Client Commitment. Technology makes this more readily possible.

Q: What was the biggest case your firm handled successfully in the past year?

A: One of particular interest given the parties involved was Trenam’s continued successful representation of Commodores Entertainment Group, the entity behind the musical group The Commodores, in a trademark dispute with an ex-member of the group. Trenam previously had secured a court order restricting former band member Thomas McClary’s use of the name “The Commodores” and the group’s trademarks. In a January 2018 decision, the 11th Circuit Court of Appeals upheld that order.

H. William Perry

  Managing shareholder, Gunster, West Palm Beach

 H. William Perry H. William Perry

Perry has been managing partner of his firm for 10 years.

Q: How has the practice of law changed most in the past five to 10 years?

A: Technology has dramatically increased the speed of play, particularly with respect to a client’s expectations for quick responses. There are many questions that can be answered quickly. However, some of the tougher legal problems often require a thoughtful or strategic approach that is not possible to develop or convey by return e-mail or text. Sometimes slowing down the client or the decision-making process is the right approach and often leads to better outcomes.

Q: How has technology changed your firm’s practice?

A: We have been fortunate to work on several cutting-edge cases involving electronic discovery and its implications. The law and science of predictive coding is beginning to strike a balance between a fair and open discovery process and not allowing a party to use discovery for fishing expeditions or harassment. Technology enables lawyers to complete many tasks more efficiently; however, overreliance on both technology and speed creates its own set of challenges.

Richard Cole

  Managing partner, Cole, Scott & Kissane, Miami

Richard Cole Richard Cole

Cole has been his firm’s managing partner since its inception in 1997.

Q: What’s the most challenging aspect of running a law firm today?

A: The most difficult thing is combining in a meaningful way the various generations with their expectations and desires. We strive to attract talented people, understanding that they may have unique needs or desires because of family situations. However, different generations tend to approach life and work in their own unique ways, and developing a team approach is often a challenge.

Q: How has the practice of law changed most in the past five to 10 years?

A: Technology has revolutionized the practice of law. Instantaneous communications and client expectations require 24/7 responses. Case management systems and computer software allow for significant downsizing of staff, at the same time creating immediate access to firm work product across the entire firm.

Q:How has technology changed your firm’s practice?

A: We have become far more efficient. Communications with clients and others is immediate, regardless of lack of presence in the office. We are now able to hire and retain talented lawyers with unique needs because of remote access. The quality of research and exchange of legal product across the entire firm has become easier and thus more cost-effective.

Q: What was the biggest case your firm handled successfully in the past year?

A: The case involved a horrible tragedy where a 6-year-old boy witnessed his father murder a third party, murder his brother and then attempt to kill the boy before committing suicide. All of the experts testified that this was one of the most horrific crime scenes they had ever seen. The pictures that were admitted into evidence were graphic, and the story was extremely sympathetic. The firm’s client was a social service organization that agreed to allow the father to be reunited with the son after prior allegations of sexual abuse had been reported. All experts (including the defendants’) testified that the plaintiff suffered from PTSD and would need therapy and medication long term, if not for the rest of his life. The plaintiff’s economic damage claim was over $13 million, and they asked the jury for $17 million. After two days of deliberation, the jury returned a defense verdict.

Grace Dunlap

  Managing shareholder, Bryant Miller Olive, Tampa

Grace Dunlap Grace Dunlap

Dunlap has been managing shareholder for about six years.

Q: What’s the most challenging aspect of running a law firm today?

A: Maintaining interpersonal relationships between lawyers through face-to-face meetings and discussions. Our hurried existence challenges many aspects of practicing law.

Q: How has the practice of law changed most in the past five to 10 years?

A: There are more and more attorneys and thus more competition for work — there are 12 accredited law schools in Florida alone. Today, we see more clients seeking alternative fee structures. Since Bryant Miller Olive opened nearly 50 years ago, we have primarily used either a monthly retainer structure or a fixed flat fee, which benefits clients and increases attorney happiness and retention. The monthly retainer provides predictable billing for both sides. More importantly, our attorneys can focus on quality and collaboration instead of hitting a certain number of hours. Clients truly have access to the varied expertise of our firm’s partners, and associates have a great opportunity to learn and hone their practice.

Q: How has technology changed your firm’s practice?

A: Technology continues to be both wonderful and the bane of our existence. Clients’ expectations of 24/7 attorney availability have increased. Maintaining a healthy work-life balance is helped by technology enabling work outside the office but is hurt by the non-stop slew of communications through various technology platforms.

Q: What was the biggest case your firm handled successfully in the past year?

A: Alan Zimmet, head of our State and Local Government practice group, led the City of Largo, Florida vs. AHF-Bay Fund LLC case that the Florida Supreme Court ruled on March 2, 2017. Our State and Local Government practice group and our Appellate Advocacy practice group subsequently withstood an appeal to the decision in May 2018. In a 6-0 decision, the Florida Supreme Court upheld Largo’s right to accept payments in lieu of taxes from a non-profit organization that owns an affordable housing community in the city. The case was closely watched because of the far-reaching implications. The ability to use tax-exempt bonds and also meet a municipality’s tax obligations can be a key driver in making affordable housing and other types of projects financially feasible. This decision allows a key financing mechanism to remain in place going forward.

Michael Malfitano

  Managing partner, Constangy, Brooks, Smith & Prophete, Tampa

 Name

Malfitano has been managing partner for 18 years.

Q: What’s the most challenging aspect of running a law firm?

A: As a national labor and employment boutique law firm, the most challenging aspect today is the need to provide value to clients who face increasing pressure to control the cost of legal representation. I think all firms are looking for new ways to work more efficiently and effectively. It’s also spurred a significant increase in alternative fee arrangements and other competitive pricing models.

Q: How has the practice of law changed most in the past five to 10 years?

A: The most significant change is the recognition that, in order to provide to clients the services that they expect, we have to become strategic partners with each of our clients. This includes learning their business, their culture and their risk tolerance in dealing with issues involving their employees.

Q: Has your firm’s policy on pro bono work changed through the years? If so, how?

A: Our pro bono policy has not changed. We offer individual attorneys the flexibility to provide pro bono work for causes that are important to them, and we certainly encourage them to do so.

Q: How has technology changed your firm’s practice?

A: We have made significant upgrades in technology that have made us much more efficient and able to provide greater value to clients. As a boutique firm, we are often required to go to where our clients are located, and technological improvements have enabled us to work as efficiently when we are traveling as we can when we are in our office.

Q: What was the biggest case your firm handled successfully in the past year?

A: We successfully defended a major client in a federal court disability discrimination suit involving telecommuting, which is increasingly an issue for clients who have employees who are unable to travel to or work in the office because of medical issues. The federal court granted our motion for summary judgment, agreeing that the claim should be denied as a matter of law.

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