CLE Leadership & Management
Ideas, Resources, and Techniques for CLE Professionals
A periodic e-newsletter

By Chuck Bingaman - chuck@chuckbingaman.com

#16 September 2004

Leadership    Congratulations to outgoing ACLEA President Mark Carroll for his splendid year in the chair and for his many years of hard work on our behalf.  ACLEA is a more effective, more inclusive, more productive organization because of Mark’s efforts.   Former New Jersey Governor Thomas H. Kean chaired the 911 Commission and gave us all lessons in leadership under very challenging circumstances.  Starting with the challenge of having his fellow commissioners chosen for him—a balance of five Republicans and five Democrats—he molded a potentially partisan, stalemated group into a unified, productive, highly motivated team.  Kean, a Republican, set the tone by defending a Democrat under fire from other Republicans and by standing up to the White House when it resisted cooperating at every turn.  Kean (and his vice-chair Lee H. Hamilton, a former Democratic congressman from Indiana) furthered showed effective leadership and gained the respect of the country by making Commission decisions totally transparent, by keeping the public informed by issuing periodic information reports and by making Commission hearings as public as possible.  When it emerges, the book on their leadership performance may be as valuable as the Commission Report itself.

Management    I am reprinting at the end of this issue the article I wrote for the ACLEA Annual Meeting in Denver on Ten Characteristics of Great CLE Programs.  While there can be no universally applicable list of such characteristics, I hope this one can serve as a useful starting point for planning and evaluating your CLE programs.        While we’re on lists, here are ten quick keys to good CLE DM copy writing.  Make it resonate with the reader’s internal dialogue.  Use testimonials.  Use action words.  Guarantee satisfaction!  Don’t be too slick.  Fear, greed and pride sell.  Asking questions makes your copy interactive.  Headline “hooks” are VITAL!  Every word should count.  Don’t be too cute; it’s the product that counts!   Stress long-term value in CLE advertising.  Describing the benefits of attending our courses or using our publications is vital in CLE advertising.  Much that lawyers learn in our courses or publications stays with them for years, even through their whole careers.  That’s a vital point that we should note in all lists of benefits!   The Australian real estate development company Lend Lease formed the Lend Lease Foundation in 1983 for the benefit of its employees.  Every Lend Lease employee receives an annual voucher to pay for his or her choices among a wide range of gym memberships, fitness activities, and counseling sessions including life-planning coaching.  The Foundation even offers specially designed courses ranging from singing to public speaking to MBA instruction.  Perhaps we could make our CLE organizations better places to work through similar, if smaller scale, programs.  See www.Lendlease.com.

Resources   Business Scenarios by Gill Ringland (John Wiley & Sons, 2002) is an innovative, alternative approach to strategic or long-term planning that was recently brought to my attention by Pat Nester.  Check it out!       I recently purchased a SONY IC Digital Recorder, a candy bar sized digital voice recorder that can record meetings, interviews and notes for articles, etc., for several hours at a time on two AAA batteries.  Just $49.50 at Radio Shack, and it’s already proven very useful.  Law Technology News is a terrific, free monthly publication filled with valuable news, advertising and CLE related ideas.  You can—and should—subscribe at www.lawtechnologynews.com.  The August issue has several articles on EDD—Electronic Data Discovery—that contain much that CLE people should understand and ideas for several possible programs or publications.  EDD could be a killer CLE topic for many sponsors.  I’d be interested in your experience with it.

I welcome your feedback!  Please keep in touch!  CCB


Following 20 years as Executive Director of a major CLE organization in the USA, Chuck now consults on strategic planning, marketing and management challenges with CLE and other legal organizations, law firms, law schools and others.  He is currently advising on new strategic directions with a national CLE provider, helping orient a new CLE marketing director, and advising on marketing strategy for a new private bank and an investment company.  He welcomes your inquiries on projects designed to enhance your organization’s effectiveness.  You can contact him at chuck@chuckbingaman.com, at 603-756-9268, or at P.O. Box 390, Walpole, NH 03068.  Past issues of this newsletter are archived at www.chuckbingaman.com.

 

Ten Characteristics of Great CLE Programs

 

            What’s a “GREAT” CLE program?  The answers are many, and they reside in the minds and hearts of the participants, the planners, the faculty and the sponsoring organizations.  No one criterion or group of criteria can fully capture the subject.  But perhaps a set of criteria can be useful in guiding an individual’s or an organization’s best efforts in maximizing the impact of its programs.  That’s my hope in suggesting the following list and explanatory comments.   

 

1.   Great CLE programs (GCLEs) respond to significant learning wants and needs of practitioners.

 

     CLE organizations owe it to those in their markets or constituencies to focus their resources where they are most needed.  Hence their choice of course subjects needs to be based on efforts to find exactly what their learners most want and need from time to time.

 

     CLE sponsors must find a balance between offering what their learners need and what they want.  Lawyers may need learning in many subjects such as writing, speaking, practice management, applying emotional intelligence skills, etc., but experience has shown that relatively few will spend the time or money for such courses.  Lawyers, on the other hand, have often shown that they WANT learning on cross-examination, new legislation, and estate planning techniques.  CLE sponsors, having unique financial needs and goals, must find viable balances in their curriculum planning between serving known wants and seeking out hitherto unknown ones.

 

     Choosing and offering a choice of learning media are critical to serving the learning wants and needs of diverse and changing populations of lawyers.  In-person programs will probably remain viable, but audio and video conferencing are growing, satellite TV and radio have interesting futures, online is growing, and other media are being developed.  Great CLE programs can be offered on many media, and careful thought needs to be focused on exploiting the peculiar advantages of each medium so they fulfill users’ wants and needs as effectively as possible.

 

2.   Great CLE programs help participants actually learn to DO something of value to their clients and themselves.

 

     While the occasional legal literature course may be valid and valued, even attended in reasonable numbers, lawyers in general want and need to learn specific, applicable skills in CLE courses to repay their investments and to feel that their time and effort are well spent.  Having the goal of helping people learn to apply specific skills is a vital discipline for all CLE faculty and planners.

 

     In fact, the definition of what lawyers will be able to DO following the CLE course should be the focus of educational objective setting for all CLE planners.  Such focus can suggest specific, practical educational activities consistent with effective professional education techniques noted below.

 

3.   GCLEs maximize learning with great faculty selections.

 

     Inspired subject and media selection and clear educational goals are of limited value unless highly capable, motivated and trained people serve as learning leaders.  (I use the phrase “learning leaders” mindful of the Winston Churchill quote that “I want to learn, but I do not want to be taught.”  Perhaps “learning leader” captures the ideal of the professional education faculty person who helps the lawyers to learn what they want and need in the most effective ways.)

 

     Learning leaders must have the motivation to serve the learners’ educational wants and needs in the most effective ways.  They must be enthusiastic and knowledgeable about their subject, willing to devote the necessary time to preparation and teaching, and willing to work with the CLE planners to lead the learning in effective ways.

 

     Learning leaders need not be the biggest names in the field, although big names seldom hurt!  Often the faculty member with the most motivation is the one that is relatively new to CLE and who wishes to establish a name in the field.

 

     Learning leaders as a group must represent the diversity of the profession because that diversity impacts the credibility of the program for many in the market and hence their motivation and satisfaction.


 

4.   GCLEs maximize learning through use of excellent professional education techniques.

 

     Great subject choices, great educational goals, and even great faculty choices fail to make a great course happen without the employment of appropriate professional education techniques.

 

     By now we’ve all learned through our own training and experience that professionals learn most effectively through a range of approaches including didactic, experiential, and kinetic.  Most CLE courses will be of maximum effect if they use such a range of approaches.

 

     Lawyers in general learn by “processing the material”—applying it in realistic ways through discussion, case studies, quizzes, role playing, etc.  A GREAT CLE program can hardly happen without “processing of the material” by the participants.

 

     ALL CLE sponsors must offer training in the use of effective professional education techniques to their learning leaders.  Such training will vary depending on the sponsors’ resources, and it may be offered in live seminars, publications, videos, web site resources, etc.  Without such focused training efforts, most learning leaders chosen from the bar will simply talk at people.  And, while some can do that with apparent success, most faculty members will squander their opportunity if that is the totality of their approach.

 

5.   GCLEs maximize learning with great supporting materials.

 

     “ Materials” now include traditional “printed on paper” things, CDs with outlines, forms, legislation, etc., web site references, and other things.  Whatever the medium, learning can be enhanced and extended by well-thought out and presented supporting materials. 

 

     Materials enable the learning leaders to provide examples, case studies, forms, checklists, problems, primary sources, etc.—learning aids to rely on to “process the material” during the course and afterward.

 

     Materials can add credibility to the course, the learning leaders, and the CLE sponsor.  The CLE sponsor, for profit or not-for-profit, is in business.  Credibility is crucial for long-term viability.  For the learning leaders, they too are in business, and credibility as well as memorability are important.  To give short shrift to materials is a serious mistake.

 

6.   GCLEs sensitize participants to the ethical and professionalism issues latent in the substance—and suggest responsible paths for dealing with them.

 

     Inherent in the skilled practice of any area of law is awareness of the ethical standards and pitfalls and the techniques for handling them promptly and effectively.  Hence no treatment of law practice technique can be deemed complete, let alone “GREAT”, without capable attention to the ethical aspects.

 

     Most often treatment of the ethical aspects will benefit from case studies, and effective treatment will usually include practical discussion of solutions—not merely observations about the existence of problems.

 

7.   GCLEs maximize learning by beginning and ending with ‘bangs”—events, stunts, demonstrations, and other techniques that stimulate attention and drive home learning.

 

     Lawyers are never far removed from thinking about the many problem-laden files sitting on their desks, credenzas and office floors.  To reach them, to gain and hold their attention, to drive home the importance of the immediate learning experience, and to send them away with motivation to implement new learning, CLE planners must ignite the fireworks from time to time.

 

     “ Fireworks” need not be flamboyant, although flamboyancy may be useful and appropriate at times.  Simple tricks such as intentionally provocative opening and closing remarks or short plays can do the job of seizing attention and stimulating learning.  Whatever the technique, without some excitement, some out of the ordinary approaches, few CLE programs will reach the “GREAT” level.

 

8.   GCLEs add value by including implementation steps for new skills/knowledge and suggest relevant practice marketing ideas.

 

     While it may be valuable to develop a new skill, the real value may come in knowing exactly how to implement it when returning to the office.  Perhaps it requires training or re-training other staff members.  Perhaps it will require communicating with clients or opponents.  To the extent that CLE planners can assist in the practical, immediate implementation of the new learning, they may be able to raise the value of their course from good to great.

 

     While a “GREAT” CLE course need not include marketing in its content, and to do so may be far beyond the essential syllabus, some consideration of practice building in light of the learning objectives and market involved may be just the right “bonus” item for a given course.  And, an essential key to superior professional eservice of any kind is the inclusion of unexpected bonus service—service that adds surprise and delight that bring back clients for future service and generates enthusiastic referrals.

 

9.   GCLEs attract appropriate attendance through great marketing plans and execution.

 

     Whether the attendance goal is 25 or 2500, CLE sponsors ill serve themselves if they do not take professional, skilled approaches to the whole cycle of marketing.  This means thorough needs analysis, testing, product development, presentation and evaluation, and new analysis.  Only by following all parts of the cycle can the CLE sponsor truly have ground to believe that it is serving the felt wants and needs of its markets.

 

     Advertising deserves to be well executed to stand out from the crowd and to do justice to the importance of the subject, the markets, the clients to be benefited, and the learning leaders whose work will often be done as a service to the bar.  How pathetic it is when superior volunteer work is let down by poorly conceived or executed advertising!

 

     Of special interest to me is the proper selection of titles for CLE courses.  Most titles CLE sponsors choose are bland, even boring, and fail to include a primary benefit of attendance in them.  Amid the avalanche of advertising mail lawyers receive daily, the pieces with dramatic, value-laden or otherwise arresting titles are the ones that are most likely to be read.

 

     While CLE will probably always rely most heavily on direct mail advertising, thoughtful, creative CLE planners should also be using thorough, detailed marketing plans tailored for each course and using a RANGE of approaches to attract participants.

 

10.  GCLEs serve their audiences with excellent, surpassing customer service.

 

     The credibility of the individual course, the CLE sponsor, and the faculty members can be enhanced—or diminished—by the quality of the customer service surrounding them.  Bright, friendly, knowledgeable, immensely helpful customer service people are vital in competitive, highly ambitious businesses.  This means careful selection, careful training, thoughtful incentives and reward systems, and regular expressions of appreciation from staff and governing board people.  Customer service people in CLE organizations are frequently the FIRST-LINE troops dealing daily with the heart of the business—the customers.

 

     Great customer service must provide ALL that the customers want promptly and with a great attitude.  Such service providers must be available, personal, flexible, open, and willing to admit and empowered to correct mistakes.

 

     Great customer service should plan for ways to surprise customers with added services or bonuses—techniques for adding the “Wow!” factor to each interaction.

 

11. [Bonus Criterion!]  GCLEs send participants back to work with renewed enthusiasm, energy, and motivation to implement new knowledge.

 

     Even if all the above elements were employed to make for a GREAT CLE course, I’d say it would fall short unless each participant leaves with a spring in his or her step and the desire to stop at the office and change things on the way home.  We’re really in the change industry—changing behaviors for the good of the clients, the lawyers, the society.  Change only happens with motivation.

 

     So, all faculty members should be encouraged to let their passion for the subject show through, to encourage all participants to appreciate the opportunities that the law and the practice have given them, to treat the new learning with appreciation and enthusiasm and to embrace it with energy and good humor!