Archives for February 2008

Two-headed client gets whiplash reading lawyer’s retainer agreement!

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Gary Halbert was one of the greatest copywriters of all time. He wrote some of the most successful headlines, ads, and sales letters in the history of direct marketing, earning millions for himself, and billions for his clients. The headline that brought you to this page is my homage to his talent (how can you NOT read this?), based on a fake headline he wrote for one of this clients.

Halbert, who passed away last year, believed that in advertising, the headline is everything. I agree. An ad with a bad headline but brilliant copy will never be read. A mediocre ad with a GREAT headline, however, will pull far greater response simply because more people are reading it. 

Headlines are not just in ads. The title of your article or report is a headline. Same for your brochure. The title of your seminar is a headline. So is the opening line in your presentation. The “re” in your letter is a headline. And the “P.S.”

What goes at the top of your web page? That’s a headline. What’s the first thing you say when you call a potential referral source to introduce yourself? Yep, a headline.

Halbert, who styled himself, “The Prince of Print,” sometimes spent 80% of his time on a piece crafting the right headline. When you get the headline right, everything else seems to fall into place. Get it wrong, and nothing you do thereafter seems to work.

My love for copy writing began when I subscribed to The Gary Halbert Letter in the late 1980’s. I read and re-read every word he wrote. He was also the inspiration for the sales copy I wrote to promote Referral Magic marketing program and my own newsletter, The Attorney Marketing Letter. Copywriting is the highest paid skill in marketing, but I consider it essential for any kind of marketing, and that includes marketing professional services.

Copywriting can be learned. I used to write like a lawyer but I trained myself to write copy that sells. It is a skill that has earned me millions. One of the best investments you can make in your career is in studying and applying the lessons of the great masters of copywriting. There is, of course, no better place to start than by reading the back issues of Halbert’s newsletter. Fortunately, all of them are posted online at the web site that survives him, TheGaryHalbertLetter.com. I encourage you to spend some time reading through this treasure chest of brilliant lessons in copywriting. But I have to warn you: Don’t start unless you have several hours available, because once you start reading Gary Halbert, you won’t be able to stop.

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Direct mail to lawyers, seeking referrals. Good or bad idea?

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I received a letter from a probate lawyer who is seeking referrals from large PI/Med Mal firms who need guidance in wrongful death and minors’ compromise cases. He and his partners had compiled a list of law firms and written a letter they intended to “mass mail”. The letter introduced the probate firm, described their capabilities, and requested referrals. He asked for my opinion of this strategy and letter.

I liked the idea of targeting specific kinds of cases from specific firms, (assuming they had reason to believe those firms didn’t have in-house capability to handle those matters), but I didn’t think their plan to mass mail letters would be effective.

One-shot mailings like this are unlikely to generate any business. About the only chance you have is to reach someone at precisely the time when he or she has a case they need help with and they don’t have anyone else to refer it to. While that could happen, it makes more sense to begin to build relationships with lawyers (anyone) who DON’T need your services at the moment and do what you can to be the one they think of when they do.

Marketing, especially referral marketing, is a process, not an event.

Here are some of my additional comments and suggestions:

** If you’re going to contact a cold list, you need to do something to get a response so that you can continue to stay in touch with them and win their trust, over time. I’d recommend offering to send a “Free Report” that educates them on the issues they need to be aware of so that (a) they can do a better job for their clients and (b) be better able to avoid malpractice. This will be a benefit to them and position you as an expert. You can also offer a free phone review of their case. If the list is short enough, you could SEND the report and make a second offer to get them to respond (so you can stay in touch). The second offer could be a second report, a checklist, a form, or anything else.

** I’d suggest that you find people you already KNOW who can refer you to the people on your list, OR to people who may know them, OR to people who may know people who know them. Then, you can contact these lawyers with the name of a mutual contact. Much more effective.

** I’d also consider working towards having a colleague (in this case., another med mal lawyer) write (sign off on) a letter in which they endorse your services to their fellow practitioners. They’ve used you, they recommend you, they trust you, etc. This is the strongest kind of letter you can send.

** Letters do a have a place, but, I’d prefer to see you call. You want to build relationships with these potential referral sources, and to do that, you need to talk to them.

Find a reason, and call. The reason could be because you want to interview them for an article, you’re doing a survey for your newsletter or blog, to invite them to your free seminar, to offer them a copy of your new report or a subscription to your newsletter. It could even be to simply introduce yourself and find out more about what they do.

You’ll hit it off with some of them and follow up with coffee or lunch. You only need a few good ones to start, then you can leverage those relationships to gain introductions and endorsements to others.

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What is the key to success?

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Bill Cosby is purported to have said, ""I don’t know the key to success, but the key to failure is trying to please everybody." Have you found that to be true? I have. I’ll give you a recent example.

I just launched a new website, PassiveIncomeForLawyers.com. Passive income is a hot topic and in a very short period of time, the site got a large number of visits and subscribers. Several attorneys have already joined me in the program. I’ve heard from many others who have said nice things about the program itself and about the way it is presented. The feedback has been very positive. Of course you usually don’t hear from people who don’t like something. They usually just quietly go away. But I did get the following email from one attorney:

"Please take me off of your miserable site. At first I thought you were legitimated, now we are getting the mass marketing crap. Passive income my ass! You wouldn’t know passive income if it hit you in the face. And what’s with the long winded motley fool type advertising site. Un professional. Get lost."

I didn’t reply, I simply removed him from the subscription list, and deleted his email. But then I got to thinking about what could be learned from his response and I retrieved the email. After all, this is not just anybody; according to his email signature, this individual is a partner in a firm of at least five lawyers. I presume he is influential. He may or may not be interested in something I offer, but I’d like to think he would reject the offer, not the person (me). But not only is he not a fan, he was so angry, he took the time to embarrass himself with this email.

From a marketing perspective, what should I do? He was turned off (to say the least) by the sales-y copy on my web page, although I have to wonder why he filled out the form to subscribe if he was so offended. Should I assume that others would be, too, and change it? Should I try to please the ones who don’t like what he calls "long winded motley fool type advertising," even though most people find it acceptable and the site is successful? The Motley Fool folks seem to be doing okay.

But if I create something that is less of what he does not like and it dramatically reduces the number of subscribers, I haven’t done myself any good, have I? So no, I shouldn’t try to please everyone. That truly is a formula for failure, and it’s an important marketing lesson.

Marketing is about metrics. You do something, measure the results, and compare those results to something else. It’s called testing, and it’s crucial to the success and profitability of any marketing campaign. So, I will create other versions of the web page and compare the results to the ones produced by the current one. Whichever version produces the highest percentage of conversions (subscribers) will become the "control," against which I will continue to test, seeking to best that control. But one does this to improve results, not in an effort to please anyone, let alone everyone.

You can’t please everyone anyway, and you’ll only hurt yourself if you try. So, as you design your marketing messages, intelligently consider the ethical standards of your bar association and your own sense of propriety, and perhaps the concerns of your spouse or partners, but beyond that, do what works best, and what works best is what brings in the most results.

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How would you advise this lawyer?

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An attorney who is struggling to build his practice asked for my help. Here’s a snapshot of what he told me:

  • He is also a CPA and former IRS agent.
  • He works three days a week as the controller for a major corporation, two days a week in his own practice.
  • He prepares 75 tax returns per year, and plans to advertise around tax time to get more (but has had limited success advertising in the past).
  • He has several PI and contract litigation cases.
  • He does unlawful detainer appearances for a paralegal firm.
  • He has tried direct mail (unsuccessfully) to build a bankruptcy practice.

Okay, now what would you tell him if he asked you for help? Would you tell him he’s spreading himself too thin and that he should choose one or two things and concentrate on those?

Of course. That’s exactly what I told him.

How can you possibly expect to have great success in anything when you do so many different things? Especially when you work at it only two days per week and compete with attorneys who do the same things full time?

I told him to first decide where he would like to be in five years, and then to look at what kind of work he enjoys. You can be successful doing just about anything so why not make it something you like? The chances are that what he enjoys and what he’s good at are the same thing, and that’s probably what he should do.

After speaking with him, my guess is that if he’s honest with himself, he would choose preparing tax returns. Now, I can think of three very good reasons why this is not the best choice:

1. Massive competition
2. Seasonality
3. He’s overqualified

But if that’s what he enjoys, that’s probably what he should do. His passion will help him overcome the challenges. He’ll develop a reputation for being the best at what he does and neutralize his competition. He’ll do corporate returns throughout the rest of the year, or build his practice so big that he doesn’t need to work the rest of the year.

If he’s happy and rich, does it really matter what his qualifications are?

There’s another point: why couldn’t he figure this out for himself? The answer is he could have, but when you are so caught up in making a living, sometimes you can’t think straight. It’s work, work, work, and there’s no time for reflection or planning. The wheel keep spinning and you can’t get off.

There’s an expression that comes to mind that applies not only in this situation but for all of us sometimes:

"Slow down to speed up."

What that means is we all need to periodically stop what we’re doing long enough to evaluate where we are and where we want to go. Will doing what we’re doing get us there? Is there a better plan?

Notice that you slow down "to" speed up. That means something. It means that if we’re not going in the right direction, if we have too much on our plate, our subconscious mind knows it and holds us back. Slowing down to re-evaluate allows us to get clear on what we’re doing, and it is that clarity that allows us to move more quickly towards what we really want.

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My newsletter mailing list has 2,000 names. Should I cut it?

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Q: My mailing list has 2,000 names on it and it’s getting costly to mail. What can I do reduce my mailing expenses? Should I cut down the size of the list?

A: Ultimately, you have to determine whether your mailings are producing a profit and the only way to know this is to rigorously track response. If you aren’t at least breaking even, you should make some changes.

You can reduce mailing costs by:

  • Cutting older names
  • Mailing to everyone and ask them to tell you if they want to stay on your list. (Make it easy for them to respond, however, with a postage paid response device, for example, because people are busy and may forget to respond even when they want to remain on your list).
  • Reducing the frequency of your mailings
  • Reducing the weight (which saves on printing/postage)
  • Using bulk rate postage and professional letter shops

But marketing professional services is a process not an event and tracking results can be elusive. How do you know that someone who has been on your list for three years but never hired you won’t become your client (or refer your next client) next month?

The answer is you don’t know. Therefore, I would err on the side of keeping people on your list. But I would segment the list and create different mailing categories.

Your best clients or referral sources, for example, should hear from you more often; monthly is not too often. People who have never hired you or referred to you, however, might hear from you only once or twice a year.

Your BEST source of NEW business will always be people who have hired you or referred to you in the past. Spend more on  them.

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