Most consumer oriented law practices have a big problem. Lawyers who practice family law, bankruptcy, criminal defense, estate planning, personal injury, real estate, and other areas, have a preponderance of "one time" clients. Once the initial case or engagement is completed, the attorney gets no additional revenue, or at best, very little.
The problem is worsening. It costs more to bring in a new client today, and overhead and manpower expenses to service those clients are also higher. But clients aren't willing to pay more, and they don't have to. With more lawyers competing for the same clients, clients have more options.
I just spoke to an attorney who is spending $13,000 a month on yellow pages. The good news is that her ads bring in a lot of new clients. The bad news is that she loses money on every one.
The solution to this problem is for attorneys to develop their "back end"–services and other profitable initiatives they can offer their clients after the initial engagement.
In any business, most of the profits are made on the back end. There is a cost to acquire a new customer, and while it is hoped that this can be done at a profit, it's not required. So long as the business can make enough profit after the initial sale, if the back end is big enough, most businesses are willing to lose money on the front end.
How can an attorney develop a back end?
Some attorneys are branching out into new practice areas. So the bankruptcy lawyer who sees a downturn in new clients starts offering family law or estate planning services. The problem with this is that it makes it much harder to get referrals from family law and estate planning attorneys with whom you are now competing. It's also more difficult to market a general practice than a specialized one.
Instead of taking on new practice areas, here are two things an attorney can do to develop a back end:
- Expand and systematize referrals. Focus on getting more referrals, better referrals, and more frequent referrals from your clients. In this way, each client you bring in on the front end represents more profits on the back end. If you spend $1000 to bring in a new client who pays you $1000 on the front end, but you earn an average of $3000 from their back-end referrals, you can afford to bring in as many "break even" clients as possible. You can even lose money on the front end.
- Market the services of other lawyers to your clients. Instead of you taking on a new practice area, associate with other attorneys who are specialists in those areas and offer their services to your clients in return for a share of the fees (if ethically permissible) or in exchange for marketing your services to their clients. (You aren't limited to working with other attorneys; you can also market the services of other professionals and businesses.)
A key number every attorney must know is the "lifetime value" of a new client. This includes the value of their repeat business, their referrals, and other revenue derived as a result of having them on your list. Take some time to determine this number and then work on increasing it.
Filed under Advertising, Attorneys fees, Fees and Billing, Increase your income, Marketing legal services, Specializing by
Let's be honest, most attorneys don't like marketing. Or so they say.
"I didn't go to law school to be a salesman," they'll say, or, "I'm good at what I do, I shouldn't have to promote myself."
I understand how they feel.
And to some extent, their "good work" will serve as a magnet for referrals or repeat business. But to categorically dismiss marketing of any kind is foolhardy.
Advertising isn't so bad, is it? Even Abe Lincoln advertised:
Do you have a web site? Guess what? You're advertising. Same goes for a directory listing.
Do you ever answer the question, "What do you do for a living?" Well, whatever you say in response is selling.
In fact, every letter we send, every conversation we have, every article, blog post, or speech, is an opportunity not just to deliver words and ideas but to sell the reader or listener on us and our ability to deliver benefits.
When a client signs your retainer and gives you a check, a sale has taken place.
The sales aspects of our communications are more subtle than an informercial pitch, but it's sales, nevertheless.
And I'm not even going to mention that negotiating, demand letters, motions, and closing arguments are sales of the highest order.
Lawyers sell. (But that doesn't make us sales people.)
Lawyers "do" marketing. Marketing is defined as everything we do to get and keep clients.
Sales, marketing, public relations, publicity. . . what's the difference?
I've found no better explanation than this one:
If the circus is coming to town and you paint a sign saying, “Circus is coming to Fairgrounds Sunday,” that’s Advertising.
If you put the sign on the back of an elephant and walk him through town, that’s a Promotion.
If the elephant walks through the Mayor’s flower bed, that’s Publicity.
If you can get the Mayor to laugh about it, that’s Public Relations.
If the town’s citizens go the circus, you show them the many entertainment booths, explain how much fun they’ll have spending money at the booths, answer their questions and ultimately, they spend a lot at the circus, that’s sales.
- M Booth & Associates
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When attorneys are getting fewer clients and their income is waning, it's only logical to look at cutting expenses. After all, every dollar you don't spend on overhead is a dollar more in net income.
There are a lot of ways to reduce overhead. Go through your ledger (or bank and credit card statements) and I'm sure you'll find many small items that can be reduced or eliminated. $30 or $50 a month expenses may not jump out at you, but when you add them up, you may find yourself spending thousands of dollars you don't have to.
Also look at big items. Can you move to a smaller office? Can you work from home and use another attorney's office to see clients? Can you get by with a less expensive car?
There's one category of expense that you should not cut. In fact, when times are tough, it's the one expense you should look at increasing. When times are tough you should spend more on marketing.
Attorney Philip Franckel explains why on his blog:
Reducing your advertising and marketing budget will cause your law firm. . . to fall further behind and allow your competitors to gain a substantial advantage. When revenues increases, you will have to start all over again. Additionally, all previous work and investment in branding will have been for nothing. In a bad economy, this is preciously the time to take advantage of lower marketing costs.
I agree completely. Think about it, the business is out there, at least enough business for YOU. If they aren't finding you now, what makes you think they will find you later? You've got to help them find you. So when business is down, you must increase your marketing, not cut it.
Franckel also commented on another attorney who boasted that his firm had cut expenses by eliminating advertising contracts in favor of "variable" marketing expenses, ostensibly allowing the firm to spend more when they can and less when they cannot. Franckel points out that this strategy will wind up costing the firm more, not less:
Fixing marketing costs can be a huge benefit. When entering into a large five figure advertising spend on TV, I committed to a 12 month budget to fix the cost of media. This allowed me to pay the same known cost for media every month. Otherwise, I would have faced huge increases, or have been forced to temporarily discontinue advertising, because of temporary changes in media demand such as elections.
I agree with this, too. In the past, when I was spending hundreds of thousands of dollars a year on advertising, I saved as much as 70% and sometimes even more by locking in a yearly contract, versus what I would have paid "month to month". (NB: I only agreed to the contracts, however, after testing the ads and the publications.)
Now, what about attorneys who don't spend money on advertising or marketing? It may be time to consider it. You don't have to start advertising if you've never done that before and don't want to do it now. But how about improving your web site or joining a new networking group? How about doing a mailing to your former clients?
Note also that your time (spent marketing) is another expense. Don't cut down on this, either.
When business is slow, yes, cut your overhead but don't cut marketing. Investing more time and more dollars in growing your practice will always be the best way to increase your net income.
Filed under Advertising, Increase your income, Law office management, Marketing legal services by
For the last several years, the demise of the yellow pages has been repeatedly predicted, but they will never die.
In the same way that AT&T and other "wire" phone carriers re-invented themselves as mobile carriers, the yellow pages has reinvented itself in search engines and online directories. These new and improved directories allow advertisers to have a bigger presence, with more information about their firm, at lower cost. Smart attorneys (and other advertisers) are taking advantage of these changes by creating better web sites (and more of them), optimizing their sites to improve search engine ranking, and promoting their sites through social media.
There are other improvements. Technology makes it easy to see which ad is working best, allowing you to adapt immediately instead of having to wait until next year's print edition. You can increase or decrease your advertising investment with a click or two and you can just as easily change your headlines and copy and offers, making the same dollars bring in even more business.
If you previously spent $1,000 a month on yellow pages ads, that same $1,000 spent online could yield a much greater return. A small firm that had been limited to smaller ads in print directories can, with some marketing smarts, compete with firms with a bigger budget. Consumers obviously benefit by the added information and convenience of the online world.
So, for advertisers and consumers, the changes are positive. But what about the publishers of print directories? What will happen to them?
Some have already made the shift to online and are will thrive. Others, will die out. And some will see a void in the market left by the disappearance of their competitors and make a killing in the next frontier.
What do I mean? Our mailboxes today contain far fewer pieces of mail compared to ten years ago. As a result, direct mail advertising is potentially more effective. Smart advertisers will eventually shift dollars into mailings–catalogs, solo sales letters, coupon books, and so on, and I believe we'll eventually see phone (and web site) directories being delivered by the post office. But, as more and more advertisers shift dollars from online to offline, the effectiveness of that advertising will decline and advertisers will shift yet again back to the Internet or to the next big thing.
Change is inevitable in business and advertisers need to be nimble to survive. Gone are the days when an attorney could write a check to "the" yellow pages, the only viable advertising option, and forget about it until the following year. Attorneys today must understand that advertising online is just one facet of an integrated marketing plan and they must be prepared to continually acquire the knowledge and resources needed to stay competitive.
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