Can The Legal Profession Learn Some Marketing Tips From Sly Stone?

Slystone

Nancy Myrland* In the legal profession, we tend to sit back and wait to innovate or do something we think we should be doing until we see another firm or another lawyer do it. We want to know that it looks okay.

Is It Safe?

We want to make sure it’s safe out there. We want to make sure that someone else has launched a podcast, has created video or livestreamed, or we want to make sure that someone else has invested in a certain community project. Then, when we find out they have, we think we have to do the same, because, well, we should be there, too.

Unfortunately, what that often creates is a me-too approach that makes us look just like the other sponsoring firms and organizations, versus standing out.

Summer of Soul…What?!

The reason I’m thinking about this now, and you might think this is odd, is because I have seen the movie Summer of Soul, (…Or, When The Revolution Could Not Be Televised) twice this Summer. If you haven’t seen it, you really should. I saw it in the theater, then told my husband, John, about it, so we found it on Hulu so we could watch it together.

Summer of Soul is about The Harlem Cultural Festival in 1969. It was hosted in Harlem over 6 weekends at the same time as Woodstock, but not too many outside of that area heard about it on the news because it wasn’t widely reported like Woodstock. Video footage has been stored in the basement of the videographer for FIFTY years because nobody was interested in purchasing it at that time. It is only now seeing the light of day…or the light of the big screen.

What Can We Learn From This Sly Stone Comment At The Festival?

You will love the movie because of the talent and the names you will see and hear. If you are anything like me, you will have a hard time sitting still in your seat.

One of the big names was Sly Stone, who was shown on stage a few times during the movie. At one point, he told everyone in the crowd to go ahead and start singing along, or maybe it was clapping. I don’t remember, which I should since I’ve seen it twice. In fact, I should know the whole thing by heart, shouldn’t I?

Sly was basically saying, come on, go ahead, get involved. Let yourself go and join in with me.

Don’t Wait For Your Neighbor

His exact quote (yes, I did pull out my phone and type this out immediately in Google Keep) was:

“Don’t be waiting for approval from your neighbor because your neighbor might be waiting for you.”

This resonated with me because I serve a profession that has, historically, waited for its neighbor to do something first. That is improving, but it continues to be a driver of a lot of movement, change, and improvement to this day.

We are a profession that likes to see precedent and safety. I understand that, but I would like to talk to you about not waiting for your neighbor in order to experience true innovation and progress.

What If? What If? What If?

Instead of using your neighbors’ or your competitors’ actions as the impetus to safely start a project or make change, what can happen when you wait for your neighbor is that you can hold your firm back. This is true on different levels.

It is true because you wait to do things. You wait to innovate because you are waiting for someone else to do it first, when really, what might be happening is that they might be waiting for you to do it, too.

So, what happens? It never gets done. Nobody starts because everybody is afraid to start.

It might also be true because there might be something you would really like to get involved in because it somehow speaks to you. It might feel consistent with your brand, your personal brand, the position you wish to stake out in the marketplace, but you are afraid to do it because it seems a little too out there, or a little too assertive.

Inside, your overly cautious voice asks:

  • “What if I look silly?”
  • “What if my voice sounds bad on this recording?”
  • “What if I don’t use perfect words?”
  • “What if the firm ends up being second to market with this idea?”
  • “What if they don’t like our new vision statement?”
  • “What if?”
  • “What if?”
  • “What if?”

You can “what if” yourself and your firm until it’s too late, until one day you regret it because you have never gone ahead and gotten involved or innovated like you knew you could if you had just stepped forward.

Maybe Your Neighbor Needs You To Go Ahead

When you think about it, not waiting for your neighbor can also mean that your friendly neighbor might need a boost in confidence.

It might mean that someone else in the industry or the profession is just waiting for someone else like you to lend a hand and say:

  • “What do you think?”
  • “How about you?”
  • “I’d love to hear what you think about this.”

You have the ability to help them feel comfortable stepping up, or helping them gain the confidence they need.

Be Like Sly. Don’t Wait To Innovate.

So, I urge you to be like Sly.

Don’t wait for approval from your neighbor because, for whatever reason, your neighbor might be waiting for you.

Let me know what you think about Sly’s quote and if this makes sense to you, to your firm, and to the profession.

No more what-ifs. Do your due diligence, then step forward and lead.

Innovate while you can so that your clients are served to the best of your ability. Remember, it is about them, not about you and your fear of innovation.

Don’t wait for your neighbor because your neighbor might be waiting for you.

Nancy Myrland operates Myrland Marketing as marketing and business development advisor, specializing in content, social and digital media for lawyers and their legal marketers. She may be contacted at LinkedIn or Twitter.


Littler Survey: Employers Increasingly Consider Vaccine Mandates as COVID-19 Delta Variant Spreads

Survey of more than 1,600 employers reveals key concerns and strategies surrounding mandating and encouraging vaccination 

(August 23, 2021) – Littler, the world’s largest employment and labor law practicerepresenting management, has released the results of its COVID-19 Vaccine Employer Survey Report: Delta Variant Update, completed by 1,630 in-house lawyers, C-suite executives and human resources professionals across the United States. 

While most employers surveyed are still encouraging, rather than requiring, vaccinations, the data shows an increasing openness to such mandates amid rising infection and transmission rates. The survey also explores how employers – many of whom updated plans early in the summer in anticipation of a return to normal business operations – are shifting their policies for incentivizing vaccination, return-to-office timing and mask wearing, among other pressing issues. 

COVID-19 Vaccination Plans 

While the majority of employers surveyed (63 percent) are encouraging, but not requiring, vaccination, the calculus may be shifting given the rapid spread of the highly contagious delta variant and the universal accessibility of vaccines for U.S. adults. Nearly half of respondents (46 percent) say they are more strongly considering a vaccine mandate in light of the recent rise in COVID-19 cases. Only 22 percent say they have firmly decided not to institute a mandate. 

This shift is further highlighted when compared with data from a survey Littler conducted in January. At that time, less than 1 percent of employers were mandating vaccination and just 9 percent were planning to in some form. Now, the percentage of respondents whose organizations are currently mandating vaccines or planning to in some form has more than doubled, from less than 10 percent to 21 percent. Five percent now require vaccines for workers, 8 percent are planning to require that workers be fully vaccinated by a specified date in the near future, and another 8 percent are currently or planning to mandate vaccines for specific subsets of individuals (e.g., those who attend meetings/events or interact with customers). 

Defining Vaccine Mandates 

Not surprisingly, given the myriad factors involved with establishing an effective vaccine policy, employers currently or planning to mandate vaccines have differing definitions of what such a policy entails. Thirty-three percent are taking a hard line, defining their policy as “workers will be terminated if they refuse to be vaccinated,” but a similar amount (35 percent) are taking a softer approach, saying workers must be fully vaccinated or regularly tested as a condition for returning to in-person/on-site work. A smaller percentage (14 percent) are splitting the difference, defining their policy as “workers must be fully vaccinated or regularly tested, otherwise they will be terminated.” 

“There is no one-size-fits-all approach to setting workplace vaccination policies,” said Devjani Mishra, a leader of Littler’s COVID-19 Task Force and co-leader of the firm’s Vaccination Working Group. “Employers need to gather the type of information that would guide any employment-related decision, including determining the number of workers who already have been vaccinated, understanding workforce sentiment, addressing and removing obstacles to vaccination, evaluating industry trends, and accounting for public safety and health policies and infection rates in their particular geographies.” 

Concerns with Vaccine Mandates 

Though employers’ sentiment and approach to vaccine mandates have evolved in recent months, their primary concerns have not. The top two concerns about mandating vaccination are the same as they were in January, namely resistance from employees who are not in a protected category but refuse to be vaccinated (75 percent) and the impact of a mandate on company culture and employee morale (68 percent). Yet the stakes for keeping employees happy have risen in today’s tight labor market and 60 percent now fear the possible loss of staff and difficulty operating due to termination or resignation of employees who don’t wish to be vaccinated. 

At the same time, other concerns have diminished, notably legal liability if employees experience adverse reactions (36 percent compared with 64 percent in January), the effectiveness of such a policy given exempt groups (32 percent compared with 57 percent in January), and uncertainty about a vaccine’s effectiveness in limiting the spread of COVID-19 (10 percent compared with 22 percent in January). 

Workplace Safety 

Regardless of where employers net out on vaccine mandates, maintaining a safe workplace remains top-of-mind. Forty percent of employers have delayed plans to return more employees to in-person and/or on-site work, and that figure rises to 50 percent for organizations with over 10,000 employees. Many are requiring that face masks be worn in the workplace (except in private offices), either for all individuals (54 percent) or just for those who are unvaccinated (42 percent). 

“The reality is that most U.S. workforces are not fully vaccinated, which leads to questions about whether and how to implement separate safety protocols for two different groups. Doing so, however, will require employers to develop a reliable and practical way of distinguishing between those who are vaccinated and not – without stigmatizing those who are unable to obtain the vaccine for legally protected reasons,” said Barry Hartstein, co-leader of Littler’s COVID-19 Vaccination Working Group and co-chair of the firm’s EEO & Diversity Practice Group. “If there’s one lesson here, it’s that, especially given the recent resurgence in cases, risk assessments in a pandemic are anything but static, and must be continually updated.” 

Additional Key Findings:  

·       Encouraging Vaccination: Providing information to employees about getting a COVID-19 vaccine has remained the top focus for employers over Littler’s past three surveys, with 84 percent still citing it as a current or planned action to encourage vaccination. Offering paid time off (e.g., to get and/or recover from the vaccine) has risen steadily since surveys Littler conducted in January (33 percent) and May (48 percent), with 65 percent now saying they plan or already offer this to employees. 

·       Worker Vaccination Status: In comparison to Littler’s 2021 Employer Survey conducted in March, more employers are now currently or planning to ask workers to voluntarily disclose whether they have received the COVID-19 vaccine. There was a considerable rise in employers asking about vaccination status for employees (68 percent, up from 41 percent in March), new hires (61 percent, up from 9 percent in March) and, to a lesser extent, independent contractors/contingent workers (38 percent, up from 14 percent in March). 

·       Healthcare Industry Employers: A higher percentage of healthcare employers are requiring vaccines or planning to (36 percent, compared to 21 percent of all respondents) and, among those who are mandating, more are planning terminate those who refuse to be vaccinated (57 percent, compared to 33 percent of all respondents). In addition, more healthcare industry employers are asking employees about their vaccination status (83 percent, compared to 68 percent of all respondents). 

·       Additional Industry Differences: Fewer employers in manufacturing (8 percent) and retail/hospitality (9 percent) are requiring vaccines or planning to (compared to 21 percent of all respondents). When asked about concerns with mandating vaccines, employers in these industries expressed greater concern about resistance from employees (81 percent for manufacturing and 80 percent for retail/hospitality, compared to 75 percent of all respondents), the impact on culture and morale (78 percent for manufacturing and 73 percent for retail/hospitality, compared to 68 percent of all respondents), and loss of staff (71 percent for manufacturing and 69 percent for retail/hospitality, compared to 60 percent of all respondents). 

Download Survey Report 

About Littler  

With more than 1,600 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com 

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