Archives for September 2012

How to be successful today, and also tomorrow

September 14, 2012 by
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In a previous post, “The one thing you need to know about success,” I noted the dichotomy between the premise that success is predicated on doing what you like doing (and avoiding what you don’t like doing) and studies which show that the ability to delay gratification is an accurate predictor of future success. I suggested that these conclusions aren’t really in conflict because thinking about your future success can be as enjoyable, if not more so, than the actual achievement.

Blogger Derek Sivers writes about the delayed gratification study and agrees that “future focused” people (i.e., those who can delay gratification) are the most successful, but notes that they may miss the enjoyment of the present. Similarly, too much focus on the present “can rob life of the deeper happiness of accomplishment.”

For true happiness, Sivers notes, we need to be flexible:

The happiest and most effective people are balanced: equally high in future-focus and present-focus, and viewing the past as positive. When you have work to finish, be future-focused. When your work is done and it’s time to relax, be present-focused. During family holidays, be past-focused to enjoy family customs.

He also says that our focus changes depending on our circumstances. “Cavemen needed a full present-focus at all times to survive in the wild and find food each day.”

When I started practicing and had no money and no clients, my circumstances forced me to delay gratification. I had to learn how to “survive in the wild and find food each day.” Like the caveman, I was not focused on the future, I was focused on eating. You can’t think about a five year plan when your rent is due next Tuesday.

If you want a marketing plan that really works, today, not five years from now, pick up a copy of The Attorney Marketing Formula. You’ll thank me later.

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Filed Under: Inspiration, Marketing Plan, Personal development, success Tagged With: , , , ,

How to grow your law practice by laughing at stupid people

September 13, 2012 by
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NYC Mayor Bloomberg has done it. He convinced the board of health to pass a ban on sodas and other sugary drinks being sold in public venues in cups bigger than 16 ounces. The vote was 8-0, with one abstention, the latter a doctor who said the ban doesn’t go far enough.

Can you believe the arrogance of these people? “We don’t care what people want, we know better. It’s for their own good.”

Can you believe the stupidity of these people? Like nobody is going to figure out that they can order two 16 ounce Cokes and call it a day.

As a lawyer, you can write about how this won’t pass constitutional muster, you can file lawsuits, or you can get angry and join protests, and many lawyers will.

Me? I’d have some fun with it.

Yes, it makes me angry to watch the erosion of freedom and common sense in our country. But I’d rather laugh than cry.

So, if I practiced in NYC, I might hand out 17 ounce cups with my firm’s name and phone number on it, and offer free re-fills at my office. I might sponsor a soft-drink drinking contest, like Nathan’s does with hot dogs. I might make a Youtube video where I offer to sue the city on your behalf if you get injured on your way for yet another refill.

Have some fun and get some clients. And thank Mayor Bloomberg for making NYC a healthier place to live and work. After all, laughter is good for your health.

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Filed Under: Advertising, Marketing legal services, Publicity Tagged With:

Jay Foonberg asks: Is the practice of law a business or profession?

September 12, 2012 by
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Jay Foonberg is writing an update to his book, “How to Start and Build a Law Practice”. He posted the following on Facebook:

From the chapter “The Profession of Law is Not the Business of Law”

“In my opinion, those who call the profession of law a ‘business’ insult and demean the legal profession and you as a lawyer, in addition to simultaneously displaying their own lack of knowledge of the differences between a profession and a business”

Your thoughts?

One attorney said, “I strongly agree! We are here to find justice, or help a person in need.” Another said, “I agree with Jay Foonberg. I also think being a Human Being is not a business. Socrates, General Patton, Einstein, and Mother Theresa weren’t in business. But they advanced the human race.” Another commented, “If you want to sell stuff, go sell houses, or coffee, or cell phones.”

My comment:

“It’s both a profession and a business. If you are self-employed, you (the professional) work for the business (practice).”

That’s what I said, but what I wanted to say was, “are you nuts? Of course it is a business, and it’s naive not to recognize that reality.”

It’s a business because you sell services, pay your expenses, and earn a profit. If you don’t earn a profit, you’re out of business. You’ll still be a professional, but broke and looking for a job.

It’s a business because you have to bring in clients and if you don’t know how to market your services, you’re not going to make it, no matter how good you are as a lawyer or how selfless you might be.

It’s a business because you have to hire and manage employees, stay up to date with technology, and keep your expenses under control. If you don’t, there won’t be enough left over to pay yourself a draw and you’ll have to fire yourself because you can’t afford yourself.

You know what’s insulting and demeaning? Telling new attorneys that it’s not a business. Letting them think that all they have to do is hang out a shingle and be a good professional and the world will beat a path to their door. If they put other people’s interests before their own, their rewards will come.

That’s the wrong message.

When you’re on an airplane, the flight attendant tells you that if there is a drop in cabin pressure, you should put the oxygen mask on yourself first. Then, you can take care of others who might need help. You can’t help anyone if you lose consciousness, you have to take care of yourself, first.

That’s reality. On an airplane or in the business of law.

I went to law school to make money and to help people, but you can’t do one without the other. You can’t practice your profession unless your business is successful.

Many of the other comments agree that it is a business and a profession. And to his credit, Jay is seeking our feedback and “Liked” my comment.

The world was a simpler place when Jay wrote the first edition of his book. Today, we’re on a plane and losing pressure fast. We should all do our part to make the world a better place, but first, we have to pay the bills.

If you want to earn higher profits in your “business,” pick up a copy of The Attorney Marketing Formula.

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Filed Under: Image, Law office management, Legal industry Tagged With: , , , , , , , , ,

Protests, calls for discipline as lawyer exploits 911 in marketing ploy

September 11, 2012 by
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Today is a day when Americans pause to remember the terrorist attacks that took more than 3,000 lives on September 11, 2001. My wife and I took a moment to remember where we were when we first heard the news and saw those terrible images.

I’ve received emails and Facebook posts with photos and sentiments marking the occasion. Everyone has been respectful. No one has said anything inappropriate or controversial.

Nobody wants to be accused of being unpatriotic or unsympathetic to the families of the fallen. Nobody wants to be seen as exploiting a tragedy for commercial gain. If a lawyer were to have a headline written about him like the one atop this post it would destroy his career.

Or would it?

Don’t they say all publicity is good, “as long as they spell your name right”?

Look, just because 911 is a solemn occasion doesn’t mean it is off limits for marketing purposes. There are many things you could do to leverage the memory of that day that are respectful and appropriate. For example, you could:

  • Sponsor a golf tournament, 10K run, or bake sale, with all proceeds going to one of the many 911 memorial foundations
  • Offer free disaster preparedness supplies or information to anyone who comes by your office
  • Use your newsletter or blog to promote a blood drive or CPR training

These are tame and unlikely to get any complaints or disagreements, unlike the following:

  • Write, lobby, in support of closing our borders
  • Campaign for candidates with a Second Amendment agenda
  • Write an editorial for your local paper denouncing the ongoing practice of allowing foreign nationals to enroll in flight school without verifying their immigration status

Most people who hear about your efforts will applaud them. You may get some positive press. Your clients and professional contacts will help you spread the word and more people will learn your name and what you do.

There may be cynics and malcontents who accuse you of exploitation or political incorrectness. Don’t listen to them. Do what you believe is right and say what you believe needs to be said. You may prosper as a result of your efforts, but you are also making the world a better (and safer) place.

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Filed Under: Image, Marketing legal services, Publicity Tagged With: , ,

Stupidity is contagious

September 7, 2012 by
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At one point in the presentation I gave last night I said, “stupidity is contagious.” I was referring to people who without thinking, buy into what someone else is saying or doing. We see this in politics, don’t we? Someone takes a position and others follow suit, often for no other reason than the person who said it sounds like they know what they are talking about.

It’s also true in business and marketing. An”expert” declares the new direction and like lemmings, legions follow. They sign up for the webinars, buy the courses, and invest countless hours with the new tools. Of course their friends take notice and they don’t want to be left behind so they do it, too. Before you know it, everyone is rushing after mobile or ebook publishing or Pinterest pinning, until something newer and better comes along.

People get caught up in the excitement. Greed sets in. Like the Gold Rush, nobody wants to be left behind. But like the Gold Rush, the only ones who make money are the ones who sell the picks and shovels. Most of the miners get the shaft.

I’m not saying these are bad ideas. Some are quite good. Some will take off and change the world. But you don’t have to be an early adopter to leverage these new ideas. Someone signing up for Facebook for the first time today, after nearly a billion other people beat them to it, can be just as successful in using it to generate leads and referrals. Arguably more so now that it has proven itself for so many others.

What I’m saying is, wait a bit. Don’t rush in. Stand back and observe. Let others spend their time and money sorting through the multitude of things that don’t work or don’t last, to find the few that do. Spend your time and money doing things that have proven themselves over time.

Technology comes and goes. There will always be something new. What has never changed, and never will, are strategies that invoke the human element: giving your clients extraordinary service, positioning yourself for referrals, and leveraging your existing relationships to create new ones.

Now, excuse me, I have to post a link to this post on Facebook.

If you want to learn the strategies that have always worked and always will, pick up a copy of The Attorney Marketing Formula.

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Filed Under: Law office management, Marketing legal services, Personal development, Technology Tagged With: , , , ,

Three goals for your next presentation

September 6, 2012 by
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I’m speaking tonight and I have three things I want to accomplish:

First, I want to INFORM.

That’s what the audience is paying for. But even if this were a free talk, the audience would still be “paying” with their time and I must give them their “monies” worth.

Second, I want to INSPIRE.

Facts and logic can only take you so far in persuading people to act. I want the audience to be motivated to follow through on my information and advice. I will do that by appealing to their emotions. I will tell them the BENEFITS of taking action and illustrate the benefits with appropriate STORIES.

Third, I want to PROMOTE THE NEXT STEP.

In this case, the next step is to attend the next event we’re conducting in this market. Your audience’s next step might be to sign up for a free consultation, fill out a form, or give you a check or credit card.

Information and inspiration set the stage for action, but not everyone will take the next step. Promoting the next step means giving them more reasons to act. This is done by providing additional information or incentives (i.e., special offers).

Promoting the next step is also accomplished through salesmanship. One thing I like to do at the end of a presentation is to invoke “social proof”. By asking for a show of hands of those who are committed to coming to the next event or who are signing up (or whatever the next step is) , not only will the people who reply in the affirmative be more likely to follow through, the undecideds will be more likely to cross over into the action column.

In marketing, or in the courtroom or boardroom, many lawyers rely on the weight and persuasiveness of their information to get the job done. Often, it’s not enough. You must also inspire your audience and promote the next step.

The ultimate goal isn’t to educate. It’s to get the check.

If you want to get more checks and bigger checks, pick up a copy of The Attorney Marketing Formula:

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Filed Under: Closing the sale, Communication, Marketing legal services, Presentations, Public Speaking, Salesmanship Tagged With:

How do you handle wealthy clients who want to negotiate fees?

September 5, 2012 by
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An attorney asked for advice in dealing with a wealthy client who tries to negotiate every bill. “I really want to fire him but how do I make him understand?”

If you bill by the hour, it is not uncommon for clients to have doubts about your bill. They question whether the work was necessary and why it took so long, and even though they agreed to your hourly rate, they can’t understand why it is so high. That’s why clients prefer flat rate billing. They know in advance how much something is going to cost and there are no surprises.

Whatever fee model you use, you must help clients to see the value of what you do for them. This is primarily done in advance, before they sign your retainer agreement.

Educate them about what you do and how you do it. Explain what they get for their money and why it is necessary. Talk to them about the options and contingencies. Show them other cases you have handled like theirs, explain the time line, and tell them how much those clients paid.

Of course you must also show them what those clients got for their money. What outcomes? What benefits? How were they better off as a result of hiring you?

If you do this right, clients will see the value of what you are about to do for them and they will rarely question your bill.

What about the wealthy client who tries to negotiate every bill? Here’s my advice:

Lawyers should never negotiate fees. It sounds like you have done this with him in the past and unfortunately, this puts you in a weaker position. You have three choices.

  1. You could change your billing model. Quote him a flat rate for each matter, a monthly rate that covers everything, or a hybrid that covers much of what you do flat rate but allows for additional charges in the event of certain contingencies.
  2. You could sit him down and show him the value of what you do, as described above. Do this one time. If he is convinced that you’re being fair with him, he must agree not to question you in the future. Kiss and make up.
  3. You could fire him. Be honest. Tell him it’s obvious that he doesn’t see the value of what you’re doing for him and that you don’t negotiate fees (or will not do so in the future if you have previously). Tell him you can recommend an attorney who charges less than you do.

If a client doesn’t see the value of what you do, it’s your fault, not his. Yes, there are clients who try to negotiate everything (it’s in their DNA), but you must not give in to this. Do what you have to do to get them to see that you are worth every penny you ask (and then some) and if they don’t get it, move on.

For more on how to convey the value of what you do, see The Attorney Marketing Formula.

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Filed Under: Attorneys fees, Fees and Billing, Law office management Tagged With: , , , , ,
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