David Enzminger Discusses Tips for Landing New Intellectual Property Work

Intellectual Property Practice Co-Chair David Enzminger was extensively quoted in the Law360 article “5 Tips for Landing New Intellectual Property Work” published on October 23, 2015.

Mr. Enzminger, who also serves as managing partner of Winston’s Silicon Valley office, prefaces the article with his statement that general practice firms have claimed some of the real estate in the IP practice domain, whereas 20 years ago it was dominated by specialty firms.

“IP work has become much more commoditized,” he said. “Nearly every general practice firm now does IP, which was not true 20 years ago. If you have more people doing something, it puts price pressure on everyone and makes it harder for individual partner to stand out. As a result, IP attorneys have to work harder.”

The first tip Mr. Enzminger suggests for landing new IP work is to build a network and keep in touch with prospective clients so that they know who to contact when a problem arises. Mr. Enzminger shared an example of when he met a general counsel of a gaming company for dinner who mentioned issues with the company’s engineering group. 

“In this instance, we weren’t discussing a legal problem, just some curious goings-on,” he said. “But the general counsel remembered our conversation and called me up a month later when those issues ripened into a problem, which we resolved successfully for the company.”

Similarly, after an attorney has built a network, Mr. Enzminger believes it is key to keep in touch. He notes that generating business often comes down to being a trusted adviser to clients and prospective clients before a lawsuit is filed.

“Much of it is keeping on top of a client’s industry and sending articles on developments in the law that may be of interest,” he said. “You should know what the client might find interesting, rather than just blanketing everyone with information.”

Mr. Enzminger advises that, while seeking out new clients may be exciting, the chase may lead to neglecting current clients. He recommends that attorneys do not spend too much effort on unrealistic pitches, such as cold calls to companies that have just been sued.

“Every lawsuit filed now is sent out on news services to every law firm in the country, so every case might draw the interest of 30 to 40 firms,” he said. “There needs to be a reason for why a company would hire you as opposed to another firm, and blanketing the marketplace based on filing reports is a waste of time.”

Mr. Enzminger concludes the article by stating that the best practice of all for landing new work is to deliver impeccable client service.

“That means living the client’s problems, being responsive to the client, making sure the bills are reasonable and fair and making sure the client is getting value for your service,” he said.