Archives for March 2012

Get more writing done in less time with OmmWriter

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I wrote this post in OmmWriter, an application that creates a quiet, uncluttered writing space. Just a simple, full page of blank writing surface, a few basic fonts, and little else.

The idea is to be able to write without being distracted by Facebook, email, or other web sites or applications. It gives you a quiet place to be alone with your thoughts, so you can get more writing done in less time.

I remember going to the library in high school to write papers I didn’t want to write. Once I settled down and resigned myself to getting started, the quiet helped me to focus. Applications like OmmWriter create a similar environment.

On the other hand, I usually don’t need a quiet setting to write. In fact, like many people, I enjoy having some distractions. I think that’s why you see so many people writing or doing homework at Starbucks.

Also, when I write I usually refer to notes or articles I’ve saved or have open in a browser. Being in a writing app that takes over the full screen means I have to close the app to get to those notes or articles.

I do enjoy writing in OmmWriter, especially when I’m writing about something I know a lot about or have strong feelings about. The writing is quicker and flows more freely. What I mean is that I’m not so much engaged in the act of writing as I am in connecting my thoughts with my keyboard. For first drafts especially, it’s a more intuitive, natural process, and in some ways, the writing is better.

Applications like this are a good idea for writers who need that quiet space where they can let their creativity flow. If you ever find yourself unable to settle down and get into your writing, this is a good solution.

I’ve tried other applications like this. Some are browser based, some, like OmmWriter, you download. OmmWriter offers a feature I like, background colors and sounds (music) they have found to be conducive to writing. They provide a sort of “white noise” that helps me focus better.

OmmWriter is free and there is also a paid version (donation-ware) with more colors and sounds. I have used it off and on since I first downloaded it a month ago and I will continue to use it. It’s easier than driving to the library, and a lot cheaper than Starbucks.

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Smart marketing by a smart lawyer

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Yesterday, I was interviewed live via a new video broadcast service, Spreecast. The interviewer was my friend and fellow attorney, Mitch Jackson. The subject was using Evernote in a law practice and my Evernote for Lawyers ebook. You can watch the replay here.

In the interview, you’ll note my comment to Mitch that his Spreecasts are smart marketing on his part because it allows him to network not only with the experts he interviews but with a large number of attorneys and allied professionals who come to watch. It positions him as a leader and gets his name in front of a lot of people who can either directly refer clients to him or who can lead him to others who can.

Although these Spreecasts are new, I know Mitch has for many years done a great job of networking in this fashion, promoting others’ law practices, books and events to his large network. I also know he gets a lot of referral business.

Smart marketing, and you can do the same thing. It’s called being a connector.

Being a connector can not only help you grow your practice, it is also a great vehicle for learning. I’m sure Mitch will tell you in reading the blogs and books of the experts he interviews, he learns the best ideas and latest techniques, which help him become a better lawyer and a better marketer.

To become a connector you need two things.

First, you need a platform. This can be a blog, a Facebook or LinkedIn Group, a newsletter, your own Spreecast channel, or a local breakfast group. This is where you match up content (writing, speaking, interviews) with your audience. You are the organizer, the master of ceremonies, the interviewer, the publisher. Everything goes through you.

The platform is easy. Just pick something and plant a flag.

The second thing you need might be a little more difficult. It’s not something you sign up for, it’s something you must have within you. To be effective as a connector, you need to truly enjoy helping others. It’s true, the more value you create for others, the more you promote them and champion their practice or product, the more you will benefit. But you must be willing to help others without any agenda, other than the pleasure you get from seeing others succeed.

Mitch has a series of great interviews lined up. Follow his Spreecast Lawyers Group (channel) and invite your friends.

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How to get your tweets re-tweeted

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I am not an expert on twitter. So when an expert says something, I’m inclined to listen. But sometimes, what an expert says doesn’t feel right to me. Case in point:

This article quotes a social media expert (a professor–hmm, maybe that’s the problem) who says that every Tweet should include:

  • One @ mention (This makes it more likely that someone will read the Tweet)
  • One hash tag (Makes the Tweet more searchable)
  • One link: (Links represent value and value is more likely to be shared)

I agree, we should make an effort to include these in Tweets, but all three? In EVERY Tweet?

If I Tweet a link to my latest blog post, who am I supposed to @ mention? I don’t know about you, but it kinda bothers me when someone mentions me for no apparent reason other than to get me to read something that doesn’t necessarily pertain to me.

I think a better rule of thumb is to do what’s natural. Tweets, like any social media message, are meant to communicate, and that should be the operative rule. If you force these three things into every Tweet, you may write the “perfect” Tweet but find nobody is reading it. As one comment to the post put it,

“Ick. I’m afraid that if you include one of each of those in every tweet, I for one will not follow you! I prefer the people I follow to be original, not simple link factories or repliers to someone else’s thoughts.”

The article has some good advice on the best times to Tweet, best practices for link placement, and other expert tips. But here’s this expert’s advice: don’t listen to any advice without having your BS detector in the on position.

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If I could use only ONE marketing tool

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I started this post intending to make the case in favor of email as my favorite marketing tool. There’s no question that it is one of the most effective ways to deliver messages to people who can hire you or refer someone who can. It’s (almost) free, almost everyone has an email address, and email is still more popular than social media.

With the click of a button, you can send out an email to hundreds or thousands of people, and almost as quickly, get orders or phone calls and appointments.

Strange that so many attorneys (most?) don’t use email in their marketing, at least not as much as they could. Or should.

You may have a list of people–clients, former clients, and business contacts–but if you’re not communicating with them on a regular basis, you’re not going to get their business. They forget about you, or they forget how to contact you, or they’re just not motivated to contact you because. . . you haven’t contacted them.

The point of having a list, indeed, of all of your marketing efforts, is to stay in touch with people. Or as I put it, “. . .to be in their minds and their mailboxes so that when they are ready to hire a lawyer, or know someone who is, there you are. . .”.  Email is one of the most effective ways to stay in touch.

So, I was going to say email is my favorite marketing tool, but that’s not quite accurate. Nope. My favorite marketing tool is. . . a sales letter.

Lawyers may not call it that. We’ll call it a newsletter or information or anything but a sales letter (because we don’t sell, right?)–but whatever you call it, and however you disguise it, if it’s designed to get someone to do something, it’s a sales letter. My favorite marketing tool.

A sales letter is words, on paper (or electrons), that communicate a message and an offer or a request. People read it and call for an appointment, Like your web page, or sign up for your seminar. You can send it by postal mail, or by messenger. Hand it to someone in person, or deliver it via fax or text message. You can post it on your blog, web page, or on Facebook.

Oh, and guess what? Every time you talk to a prospective client on the phone or in person and you tell them about your services and what you can do to help them, you’re delivering a sales letter. A spoken sales letter.

Do yourself a favor and write it down, so you can send it by email.

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Getting things done by letting your “trusted system” remind you

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Waiting for others to do what they’re supposed to do used to make me anxious. Not anymore. Instead of trusting my memory, scraps of paper, post-it notes, et.al., I record the task in a “trusted system” and let the system remind me. Until it does, I don’t think about it.

A trusted system usually starts with a calendar. Most attorneys routinely calendar due dates, but are sometimes unprepared when the due date “sneaks up on them.” The solution is to add a review date prior to the due date, prompting you to check up on the outstanding task. Or a series of review dates if there is a long time horizon. You can also calendar review dates even when there is no fixed due date.

Another way to handle “waiting” tasks is to keep a separate list of them and review that list on a regular basis, i.e., during a weekly review. Or, instead of keeping everything on one list, you can assign a tag or label to each individual task. During your weekly review, check everything that has the “waiting” tag or label or is in your “waiting” folder.

For your own tasks, you can keep separate lists or folders labeled “Now” or “Next” or “Someday” or use tags for the same purpose.

For my trusted system, I use my calendar (google) for tasks with a due date or a review date, and Evernote for everything else. Anything on the calendar that has an associated note in Evernote is linked to that note with a “note link,” a hyperlink that opens the note in Evernote.

Gmail now allows you to star or label your outgoing emails, which makes tracking replies so much easier. Before you click “send,” add a “waiting” label, for example, to any email where you are waiting for a reply. You can then forget about it until your periodic review.

Getting things out of your head and into a trusted system can help you achieve a “mind like water”. The “open loops” still exist, but you can relax and let your trusted system take care of the remembering and reminding.


I’m being interviewed live this Wednesday at 3pm Pacific about using Evernote in a law practice and my Evernote for Lawyers ebook. I hope you can join us. If you can’t make it, you can post your question on my new Evernote for Lawyers ebook fanpage.

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A stupidly simple way to get referrals

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So you want more referrals, eh? Okay, here are two questions you can ask people that should do the trick:

  1. “Who do you know who. . .?” (and yes, I know it’s “whom”), and
  2. “Will you introduce me?”

Yep, that simple.

Of course you have to finish the first question so that it frames the referral request properly. If your request is too broad (i.e., “. . .who might need my services”) you’re making it too hard on the person you’re asking. They can’t see, in their mind’s eye, anyone who fits that description, at least not without a lot of work on their part.

If your request is too narrow, (i.e., “. . .who owns an ios app development company and wants to file a patent claim against Apple”) you’re probably not going to get a lot of positive response.

Your work is to write a question that’s not too hot, not too cold, but just right for the person you are asking. Don’t ask them to mentally inventory everybody they know in search of someone they can refer to you. Help them narrow their focus to a handful of candidates so that they can spot someone who fits the description.

You can do the same thing to get referred to prospective referral sources instead of directly to clients: “Who do you know who is a fee-based financial planner in West LA or the South Bay?”

Even though you ask the right question, you’ll still get people who don’t know anyone they can refer, or don’t realize that they do. That’s okay. You’re follow-up question is, “Who do you know who might know someone who does. . .?”

If they don’t know a fee-based financial planner in West LA or the South Bay, they might know an accountant who does. Or a commission-based planner who does. Or a planner on the other side of town who does. Help them to help you by asking a question they can answer, and they will.

Oh, and always ask, “Who do you know,” not “Do you know anyone. . .?” The former assumes they know someone and, through the power of suggestion, makes it more likely that they will come up with a name or two. The latter begs them to say no.

Ask enough people, “Who do you know. . .” and “Will you introduce me?” and before you know it, you’ll be talking to someone who can hire you or refer you to someone who can.

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Why some lawyers shouldn’t bother with marketing

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On a discussion board I follow, a link had been posted to an article about why attorneys should write a blog. Several attorneys added their comments, most of which were in agreement.

One poster said, “In an industry which is increasingly commoditized, blogging allows a a lawyer to show creativity and wit — skill sets that are underrepresented in the profession, but vital for client development and practice management.”

Another mentioned that blog posts provide a record of your ideas and create an inventory of material you can use elsewhere in your marketing.

Good stuff.

But one comment in particular caught my attention: “I would be concerned that if the public began to know you too well, legal strategies could be predicted.”

Sure, we all have a few tricks up our sleeves we don’t want everyone knowing, but c’mon, that’s not a reason to avoid blogging.

Want to know what I think? I think she’s afraid. She’s afraid that if she writes a blog, she will no longer be able to hide behind her technical skills, she will have to expose her true self to the world.

And she’s right.

Building a law practice means building relationships. You have to meet people and make them like and trust you. You can’t do that without showing them who you really are.

When you write a blog or a newsletter, or do any public speaking or networking, you must do more than state the facts and provide the citations. You must give color and contrast to what you write or say, and that means injecting your personality, your opinions and your experiences.

Clients buy us before they buy our services. If you want people to like and trust you, you have to expose yourself to them and if you’re not willing to do that, you probably shouldn’t bother with marketing. You’ll be happier in a job where client development isn’t required or with a partner who is good at bringing in new business while you handle the paperwork.

There are many reasons why you should write a blog. There’s only one reason you shouldn’t: you don’t want to.

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How is important but don’t forget why

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I did a presentation last night for some of my business partners and their guests. The objective was to get the guests to either invest in our business directly or provide referrals to our partners.

I talked about the history of our company, the value of our services, and the size of our market.

Lots of facts and figures. Very compelling, if I do say so myself.

But in order to get the ball over the goal line, I made sure I also told them why.

Why the facts I recited are important. Why I got involved, and why they should, too.

I did this by telling stories about some of our partners, their backgrounds and motivation, and also my own. I showed them what motivated us. Facts are static and lifeless. Stories have people in them and everyone wants to know “what happened next”.

Whenever you want to persuade people to act, tell them why. What’s in it for them? What will they get if they do? What might they lose if they don’t?

On your web site, tell people why they should opt-in to your newsletter. What’s the benefit? What do they get? Why will they be better off as a result?

In your demand letters, tell them why they should say yes. Why is it in their best interest? What might happen if they refuse?

In your oral arguments, explain why something was said or done. Tell the judge why he should accept your version. Tell him why he should grant your request.

You may have the weight of evidence in your favor, but it’s your job to interpret that evidence and tell people why it matters. Don’t assume they will know. It’s not always obvious. And even if it is obvious and even if they do know, tell them anyway. Tell them stories that reach beyond their intellect and pluck the heart strings of their emotions.

How is important but don’t forget to tell them why.

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How to get a bigger return from your seminar or conference

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I was reading some tips on planning a successful conference and thought there was one tip that was missing. Every event you run should be recorded.

It doesn’t matter whether it’s a speech, an all day seminar, a webinar, teleseminar, or a multi-day conference, why settle for only what you can get from a one time event?

If you record it, you can

  • Make it available for those who couldn’t attend
  • Sell the video, or create products from portions of the content
  • Run the video periodically on your web site
  • Offer the video, or portions thereof, as a lead generation incentive
  • Transcribe the event and create reports, articles, blog posts, and audio content
  • Watch the event so you can make the next one better
  • License the event to other lawyers in other jurisdictions

In fact, with any content you create, whether it’s a live event or something you write on the weekends, always look for ways to get a bigger return on your time and investment. Evergreen content that you create once and use over and over again is a smart, leveraged use of your time.

Wouldn’t it be great to do the same thing with your services? No, it’s not possible with a service, but you can do the next best thing. Every time you create a form, a checklist, a template, or a script, something you can use over and over again, you are leveraging your time and increasing your return.

To earn more and work less, never settle for a one-to-one return on your time or investment.

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Going from huh? to duh! The four stages of learning how to market legal services

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When I opened my first law office, I had no idea how I was going to get clients. Had I known how tough it was going to be, I may have given up before I began.

But I was motivated by the need for independence and the stubborness of youth and I found myself with an office, a typewriter, and no work.

What to do. . .?

I had read a lot about mail order and direct marketing in my youth, but I didn’t know anything about marketing legal services. I didn’t think I could use mail order to bring in clients (although I think that now) and so I took out some ads (to other lawyers) and that did bring in some work. Not the best work–overflow and some appearances, mainly. It helped pay the rent.

I knew there had to be something else I could do. Other lawyers brought in clients, why couldn’t I?

Experts in learning would say I was a “conscious incompetent”–I knew that marketing could bring in clients and I also knew that I was clueless about how to do it.

Years later, I learned that there are four stages to learning:

  1. Unconscious incompetent: You don’t know what you don’t know. Think of the young child in the car seat with one of his parents behind the wheel. The child doesn’t know what “driving” is, let alone how to do it.
  2. Conscious incompetent: You know what you don’t know. The child is aware that his parent is doing something to make the car go but he does not know what or how.
  3. Conscious competent: You are able to do it with focus and mental effort. You are aware that you are doing it. After drivers’ training and some practice, the child is able to drive, but he has to think about what he is doing.
  4. Unconscious competent: You can do it effortlessly, without thinking about it. Eventually, like the rest of us, the child is able to drive on autopilot.

As a “conscious incompetent” in marketing legal services, I made the decision to start learning. I read every book I could find on the subject. I studied ads and brochures and seminar sales letters. I talked to other lawyers and asked them what they were doing.  And I tried lots of different things. Eventually, I had some success.

But I wasn’t good at everything. Some things came easily to me. Writing, for one. And speaking. But other skills I am not as good at. I know how to network, for example, and I’ve certainly done enough of it, but it’s not my favorite thing to do. As a result, I have to think about what I’m doing while I’m doing it. (“Jeez, why on earth did I say that. . .!?”) With networking, I am a conscious competent.

Knowing these four stages of learning has helped me to appreciate my strengths and weaknesses. Whatever you’re trying to learn or improve, it helps to know where you are and what you need to do to get to the next level:

  1. Unconscious incompetent: Read, listen, observe, ask questions. Find out what you don’t know. You’ll discover things you’ve never heard of before, (especially in the social media arena–and let’s use that as an example) and you will become aware of what you don’t know.
  2. Conscious incompetent: Now that you know, you need to do more reading, listening, observing, and asking even more questions. You need guidance and support from others. And you need to try it. Open an account, set up a profile, play around with it. Practice and you will get better.
  3. Conscious competent: So you know what to do. You’re posting regularly, networking online, integrating your web site, and downloading the newest apps. You know what you’re doing but it’s still something you have to think about and remind yourself to do. You need to continue doing what you’re doing (more practice) and you need to get feedback and advice from others.
  4. Unconscious competent: You have mastered it. You tweet and post and link like a pro and you can do it in your sleep. The risk here is that you will get bored and stop learning and stop growing, so make sure you stay up with all the new tech and trends and continue to challenge yourself. Even better, help others learn because the teacher always learns more than the student.

If you find yourself stuck in stage two or three and you never get to stage four no matter how much effort you put in, the odds are this is not a natural strength. You might want to get someone to do it for you so you can go do something else.

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