I read another thoughtful post by Leo Babauta on the Zen Habits blog about the subject of practice. No, he wasn't writing about a law practice, but I thought his message of "practicing" to effect improvement applied as much to a law practice as to anything else. Plus, I like the play on words.

We are what we repeatedly do. We are the sum of our habits. If we want to change who we are, we have to change what we do.

Change begins with awareness. If you didn't say "thank you" to the new client who just hired you (you'd be surprised at how many attorneys don't), reading this sentence made you aware that you didn't and also aware of how important it is. (Your mother will tell you, it's one of the most important things you can do.) If you usually say thank you, but for some reason didn't do it last time, there is room for improvement. The standard of excellence isn't saying thank you most of the time, but every time.

Now that you are aware, make a decision to change. Then, practice your new habit. With something as simple as saying thank you, you might only need to be reminded. Write it down on your intake sheet, use a post it note, put it on your calendar, whatever you need to do to remember to always say thank you.

Also be aware of what happens when you get it right. Watch your new client's face as you look him in the eye, shake his hand, and sincerely tell him how much you appreciate having him as a client. Tell him you'll take good care of him. Let the handshake linger a few seconds longer. Give him your full attention. Say thank you, and mean it. You'll see some of the tension leave his face as he comes to realize that you really do care.

Your law practice is a collection of habits. What you (and your staff) regularly do and how well you do it defines you, distinguishes you from other lawyers, and plays a big role in determining your success. There are big habits and many small ones and they all matter.

Are you uncomfortable with self-promotion? I think most people are, even those of us with "healthy" egos.

According to this inc.com article, "How to Self-Promote–Without Being Sleezy," we feel this way in large part because of what we believe our friends will think.

Of course "being sleazy," as the author (or her editor) words it, and "feeling sleazy" aren't necessarily the same thing. It's not per se sleazy to promote yourself, yet we may still feel that it is.

Why? It comes down to our sense that when we promote ourselves, our friends will be jealous and stop being our friends. Or something like that.

I say, stop worrying about what your friends think. If they are truly your friends, they will support you even if they are a bit jealous. And if they're not your friends, it's okay to let them go.

Okay, that's easier said than done. Let's turn to the article for some suggestions on how to lesson the impact:

1. Tell the story of the struggle behind the success.
2. Be excited, but be humbled.
3. Give credit where credit is due.
4. Enlist the help of your friends to get the word out.

Okay, good ideas. But nobody wants to listen to your broken record about how great you are, not even your mother. So if you really want to do a good job of promoting your services, and not turn anybody off or feel sleazy about it, here's what you should do:

Don't talk about yourself.

Talk about your clients and prospects. Talk about their problems and the available solutions. Talk about the law and the procedure. And talk about your other clients and what they have been able to achieve.

Do this with intelligence and grace and you won't have to promote yourself.

When I opened my own office shortly after law school, I had an abundance of free time and a lack of clients or experience. Once or twice a week, I volunteered the day at a legal clinic for women. The clients had mostly domestic violence and other family law issues. When I began, I knew very little about family law but I quickly learned. I was able to use those skills in my private practice.

Last week was "pro bono" week. This article presents the "Top 5 Reasons to Do Pro Bono Work". I'm sure I can lay claim to all five. The article misses a reason, however. My pro bono work helped me to build my practice.

The clinic I worked at allowed us to offer our paid services to the clients. Granted, most of them had little or no money, but I did get some paying work. And little or nothing was definitely better than nothing. It allowed my nascent practice to stay afloat, which allowed me to continue to volunteer.

I also got some referrals from those clients. Yes, most of them were in the same financial shape as the clients who referred them, but not all of them.

I was also able to network with the administrators of the clinic, their benefactors, and the other attorneys who volunteered. I met people who introduced me to others and as my network grew, so did my practice.

I'm not ashamed to admit that growing my practice was one of the reasons I volunteered at the legal clinic. I don't think any of the hundreds of clients I saw for free or almost free would have any objections.

Lawyers are routinely vilified. Epithets abound. We are the subject of the cruelest jokes.

And yet, where do people turn when they are in trouble? Whom do they go to for advice when they want to protect their rights? Who defends the indefensible?

Amanda Knox was just released from an Italian prison after a four year nightmare. Without lawyers, she would still be languishing in her cell.

Without lawyers fighting the good fight, our rights, our entire way of life, would devolve and anarchy would ensue. We must never forget how important we are, not just to the individuals we serve, but to the society we live in.

In Shakespeare's Henry VI, Dick the Butcher says, "The first thing we do, let's kill all the lawyers". This is often quoted as a denouncement of lawyers but it is a misreading. Dick was referring to ways a rebellion in the planning might be successful. He recognized that to succeed, they must get rid of those who know and enforce a system of laws. It is, in a roundabout way, an endorsement of lawyers.

Lawyers, be proud of what you do. Defend not just your clients but your profession. Educate your clients and your friends about what you do, but also why it matters.

But don't stop there. When you see a colleague behaving in a way that belies the dignity of our profession, call him on it. Counsel him. And, if necessary, report him.

Be a champion of the high standards our oath demands and exemplify those standards in your words and deeds. Our profession must police itself. The alternative is a Bar that does it for us, but too often, they go too far.

In a victory for common sense, a Florida court just struck down as vague one of its Bar Association's limits on lawyer advertising. A bar association should enact rules of professional conduct that define standards of behavior and it should provide redress for the most egregious transgressions of those standards. But when a bar association imposes vague, arbitrary, and unreasonable standards upon its members, as Florida has long been criticized for doing, it says to the world, "We don't trust our members and neither should you."

Bar associations can improve the image of lawyers not by policing them more but by trusting them more.

We often hear that the secret to success in marketing is to "be yourself". But what if you're a jerk?

Can you build a successful law practice if you're not likable? Actually, I think you can. We all know lawyers who clearly haven't read, "How to Win Friends and Influence People" but build successful practices anyway. Their strengths–drive, work ethic, skill set–allow them to overcome their interpersonal shortcomings.

What if the successful jerks of the world weren't jerks–would their success have come any sooner or been any bigger? One could argue that it's better to have people like you and want to be around you, that it's better to be liked than respected. But that's not true of sports coaches or military leaders. They don't want friends, they want to win. In fact, in the sports and military realms, befriending your charges can be a liability.

Speaking for myself, yes, I do want to be respected and I also want to be liked. I feel good when people appreciate not only my work but me as a person. I like to be liked and I think you do, too, and while we may not need to be liked to be successful, for most of us, it does make it easier.

The article, "20 Reasons People Unfollow You on Twitter," provides practical advice for building your social followers, (actually, for not losing your social followers), but also a paradigm for un-likeability in general. If you are an unrelenting self-promoter of your legal services, for example, a common failing of many attorneys in social media and in-person networking, you're chasing people away. They don't like you and they don't have to listen to you–and they don't.

In social media, likability has another meaning: "follow-worthy". People may not like you personally but if you provide good content, they may "Like" you and follow you. Social media metrics don't care if you're nice or not, either your numbers are going up or they aren't and if they aren't, you can do something about it.

I just put, "Likeable Social Media: How to Delight Your Customers, Create an Irresistible Brand, and Be Generally Amazing on Facebook (& Other Social Networks)." on my reading list, after reading this review. I think I'm a likable guy but hey, who wouldn't want to be "generally amazing on Facebook (& other social networks)"?

Lawyer TV ads are often criticized for being tacky. "The Tackiest Lawyer Ad. . .Ever," is a fine example. A lawyer advertising firm, hoping to attract lawyers for their services, created a parody of bad lawyer TV ads, but does it work? Would you hire the firm that created this spot?

[mc src="http://www.youtube.com/watch?v=xSKe42bxMZ0" type="youtube"]Bad ad about bad lawyer ads[/mc]

Do you think this is funny?

I didn't laugh. Isn't that the first objective of advertising that purports to use humor? In the first few seconds, I thought this was a cheesy lawyer's attempt to advertise and I was embarrassed–for him and for our profession. Once I got the joke, I thought, "ah, a spoof, okay, we can all laugh at ourselves once in awhile." But I still didn't laugh; did you?

True, parody doesn't always demand LOL and if this was just someone fooling around and poking fun, well, okay, it worked for some and not for others, but this is an ad by a company that wants us to give them their business.

Would you hire this firm?

The ad says, "lawyers' ads are tacky and don't work; we can produce an ad that's not tacky and does work." But they use a tacky ad to make that point. Is that good psychology? Is that good advertising?

I don't think it is. At least not in this case.

If they showed us a successful ad they produced for one of their clients, would that be better? Yeah, I think it would. Show us what you do, not what you don't do. Ads that demonize or make fun of "the other guy" can sell. But they have to get all the elements right and in this case, I don't think they did.

What do you think? Click on the balloon above to add your comments.

Seth Godin talks about making your (practice) indispensable:

[mc src="http://www.youtube.com/watch?v=3vzuLbaMAF8&feature=player_embedded" type="youtube"]Seth Godin on making your business indispensable[/mc]

Getting exposure via published articles has long been a marketing mainstay for lawyers. In the age of the Internet, there are even more opportunities than ever as the need for quality content has multiplied.

Many books have been written on writing and publishing articles. If you are serious about promoting your practice this way, I recommend reading a few books and learning to do it right.

The basics of getting published never change. The first step is to identify those publications that are a suitable outlet for your articles. Offline, the venerable "Writers Market" (from Writer's Digest) lists thousands of magazines and newspapers that accept outside submissions.

Online, numerous directories list electronic newsletters and web sites that accept articles. Go to any search engine and type in and you'll find thousands of ezines and the directories that list them.

Once you have determined which publications you are interested in, the next step is to obtain their "writers' guidelines". This is a description of the kinds of articles they want, how many words, the rights they purchase (i.e., "first publication"), and the procedure for submitting the article for consideration.

You'll probably find writers' guidelines on the publication's web site. If not, contact the editor and ask if they accept articles and if so, what they are looking for.

Once you know the guidelines, the next step is the "query". Some publications want you to submit your article idea in outline form, along with a sample of your other writing, some publications want to see the whole article first. Whatever the guidelines, your query needs to sell the editor on three things:

1. Why their readers would want to read your article
2. Your credentials for writing it
3. Your ability to write it

Your query letter should be well written and to the point. It should demonstrate that the article you propose will be relevant to their readership and interesting to read. Editors read hundreds of queries and sort through them quickly; if you want to be considered, you need to get their attention and immediately make them see the value in your article.

Getting the first article accepted is the hardest. Once you have built up a list of publications that have accepted your work, you should find yourself getting published more frequently. Until then, don't assume that being a lawyer is enough of a pedigree to be accepted for publication. Actually, being a lawyer could work against you. If an editor assumes you "write like a lawyer," you'll have to work harder to show them that you can write something real people would want to read.

Don't hesitate to start with small publications. It will give you experience in writing and submitting articles. You'll also get a list of publishing credits and that will make it easier to get other editors to give you the go ahead.

Don't be concerned about payment for your articles; most publications pay little or nothing anyway. But do negotiate a listing of your web site or other contact information at the end of the article. You want readers to be able to reach you.

Be patient; it will be worth the effort. Even if they don't allow you to list your contact information in the article, just being able to say you have been published carries weight. Reprints of your articles make excellent marketing hand outs that can be used for years. And you can re-cycle your material (make sure you retained the right to do so) in other articles, speaking engagements, web/ezine articles, blog posts, reports, and so forth. Also, having been published can lead to interviews and speaking engagements and could also provide material for press releases. For example, your published article might be referenced in a press release where you offer a free report that amplifies the subject matter of the article.

Writing for publication will give you exposure and credibility as an expert in your field. It can also lead to even more exposure in the form of inquiries from other publications, joint venture partners, meeting holders, teleseminar promoters, and the like. Getting published will help you grow your mailing list, develop new referral sources, and create more clients.  It will also make your mother proud.

If I could recommend only one book on the keys to success, it would be "How to Win Friends & Influence People" by Dale Carnegie. It is a classic, a masterpiece of simple, effective advice for getting people to like you.

Mr. Carnegie's second of six keys is this:

"SMILE"

When we smile, there is a chemical reaction in our brains that makes us good. Try it! Even if you don't feel like smiling right now, do it anyway and take note of how it makes you feel.

When we smile at people, they tend to smile back at us. It is a natural human reaction. Our smile says "I like you" and people like people who like them, so they smile back. And they feel good when they do, and associate that feeling with their perception of you.

The more you smile, the better you feel and the more people will like you. This is clear. So why is it that people don't smile more often? One reason is they don't like their teeth. They may be discolored or crooked or there may be gaps or missing teeth. If your teeth need work or aren't as white as they used to be, it's hurting your business and probably your social life, too. Get them fixed, make them whiter, and SMILE!

A personal injury attorney wrote and asked me if I have a strategy for bringing in bigger cases. I was a personal injury attorney for most of my legal career and when I look back at what I did, I have to say that I did not have that strategy. In fact, I intentionally focused on bringing in a volume of smaller cases.

My thinking was that quantity would bring quality. Bring in thousands of clients over a period of years and you are bound to have some big cases in the mix. And that was certainly true for me. But I also recall thinking, as every personal injury attorney does, that one day, I'll get a case that will bring me millions of dollars in fees and I'll be able to retire if I want to. But in twenty years, that never happened. Big cases, yes, but not a single practice-making monster.

But there's something else I understood and that was that I was not one of the big boys. The biggest cases are almost always handled by the biggest names and most of the time, they are referred there by other attorneys. I wasn't prepared to compete in that arena. I didn't have the expertise and, more importantly, I didn't have the passion for developing it.

The best strategy for getting the biggest cases is to become one of the best lawyers. Win bigger and bigger verdicts, develop your skills and your reputation amongst the bar, and when you have the respect of your colleagues, you will get their referrals.

Another way to get big cases is the one adopted by a lot of attorneys who aren't one of the best and that is to appear to be. They swing a big stick with multiple full page yellow page ads and TV commercials, they sponsor charitable events attended by centers of influence in their community, they network with the right people, send press releases celebrating their victories, and otherwise promote themselves so that they appear to be one of the biggest and one of the best. And by and large, it works.

To do this, you need money and some marketing skills, but most of all, you need drive. The biggest promoters have big, healthy egos. They are driven as much by the desire for attention as the desire for money. I'm not taking anything away from them. They are usually good enough to serve their clients well and smart enough to bring in one of the best when they aren't.

If you're not one of the best and you aren't willing or able to become one, and if you're not willing to do what the big promoters do, there is an alternative: target niche markets. Become the biggest fish in a small market where word of mouth is strong and limited resources (and hubris) can go a long way. Become the attorney everyone in that market thinks of when they think of injuries. Network in that market, write for that market, serve that market and the centers of influence in it, and over time, you'll get big cases. Do it well enough and long enough and you may even get one of the very biggest.