How to sustain and promote IP business development during a pandemic

Due to the pandemic, the majority of IP practitioners are  working from home. In order to adapt to their new digital workplace environment, they’ve have had to develop and refine soft skills and other professional skillsets outside their core functions.

To help young practitioners and the trademark community navigate the disruptions caused by the crisis,  INTA’s young practitioners committee (YPC) is hosting  a virtual discussion series: “Adapting to the digital workplace”.

Each discussion covers a different aspect of IP practice and explores how practitioners need to adapt their approach to an entirely digital workplace.

While the pandemic has significantly affected all forms of personal and professional interaction, IP attorneys have found that business development, usually a face-to-face affair, has been particularly affected. To reflect and address this challenge, the YPC’s second virtual discussions on May 27 explored the issues regarding business development during these unprecedented times.

Focus on your existing clients

During the discussion, participants suggested that developing new business with existing clients is proving easier than finding new clients.

Olaf Gillert, partner at law firm  Taylor Wessing, provided tips on how to maintain these relationships. He said: “First, bear in mind that your clients have been overwhelmed with information coming from different sources over the past few months. They may also be receiving updates from competitors.”

He urged attorneys to act quickly when informing clients about potential deadline extensions by local IP offices or courts, and to personalise any emails to clients according to their specific needs, instead of sending out generic emails to an entire client database.

Gillert added that IP practitioners should meet clients’ needs by adopting a broader and more long-term approach in their thinking. He pointed to webinars covering recent office practices and news as an effective way to inform clients about various topics. In addition, he added, attorneys should collaborate with colleagues from other firms to co-host virtual discussions or webinars on specific topics, so they can benefit from their areas of expertise.

Nicholas Hawkins, associate at US firm  Womble Bond Dickinson, said: “Client and business development is all about building relationships with people and making sure they know you are there to help.” To be most effective in this endeavour, he added, you need to anticipate your clients’ existing and future needs.

Adapting to the new normal

The participants noted how picking up the phone has returned to favour during the pandemic and that clients appreciate phone calls because they allow for a general conversation on non-work related topics. This, they suggested, helps to  deepen their relationship with clients and build trust.Moreover, they agreed, phone calls cut down on emails, a benefit appreciated by many.

The participants felt that social media can boost a firm’s visibility and provide another touchpoint with existing and potential clients and colleagues. But they noted that it was important for lawyers to ensure that their own social media profiles and firm’s pages are up to date, and to invest time in posting and engaging content on social media to strengthen their and their firm’s brands.

They urged young IP attorneys to participate in webinars and online discussions, as well as seeking out opportunities to write articles for specialist journals and trade publications.

They added that prioritising clients’ ongoing and future legal costs was pivotal as many companies have experienced difficulties in processing payments. It was essential to inform clients in advance on budgetary matters and discuss it with them to allow for adjustments in financial decisions.

The participants noted that to provide clients with adequate and efficient counsel, it’s vital to be aware of new laws and regulations introduced as a result of the pandemic, and how they affect or benefit clients. They agreed it was essential to understand how the market is changing and identify how to support a client with new opportunities or their corporate social responsibilities.

They discussed how some companies have adjusted their core business operations to respond to the pandemic, eg, clothing brands producing face masks and alcohol companies manufacturing disinfecting gels as a new revenue stream or a pro bono initiative.

In these cases, the participants suggested advising clients on any regulation or law regarding the new product or manufacturing process, and how to protect the product or initiative with the appropriate IP tool.

Engage your colleagues

The participants felt that it was important to note that business development is carried out not only with clients but also with colleagues. They pointed out that IP practitioners should maintain relationships with fellow attorneys and collaborate within the community, and agreed that virtual coffee breaks or “happy hours” are an excellent way to keep in touch and share work and non-work related challenges and ideas.

The participants concluded by noting that although the pandemic has affected personal and business relationships, many attorneys have kept their attention focused on the business wellbeing of their clients.

The key to success, they agreed, is to adjust approaches to fit circumstances and to remember that relationships are essential in navigating and emerging from this global crisis.

Nicole Gorlier is an attorney at law at Interpatent and the member of INTA’s Young Practitioners Committee.

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