How being a better writer can help you become a better attorney

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An article in Writers Digest, “How Being An Attorney Helped Me Become A Writer,” caught my eye. The writer said: 

“The best legal job I ever had was clerking for a federal judge. I was responsible for writing the first draft of the rulings he would ultimately issue to the litigants. I lost sleep over the first case I was assigned, struggling to figure out the correct outcome. The draft I handed in to the judge reflected my own indecision—the writing was hedged and weak. The judge gently admonished me that the court must always project confidence and authority. He returned my draft with my wishy-washy words crossed out and the following written in: “The Court has reached the inexorable conclusion that . . .” I had to look up inexorable (it means unavoidable), but I learned a valuable lesson. Sometimes actual confidence will flow from appearing confident. A reader wants to feel she is in good hands. If you write with confidence and present yourself as a serious person, the reader will feel safe with you.”

Me thinks it works the other way, too. Clarity and confidence in your writing helps clients feel safe with you. 

Is there any wiggle room? Is it okay to act confident even when you’re not?

Ultimately, that’s what each of us has to decide.

Sometimes, you have to bluntly tell the client how the course of action you’re recommending could blow up in their face. Sometimes, you have to offer a more gentle weighing of the possible outcomes. And sometimes, you have to point out all the options and ask them what they want you to do.

One thing is certain. When you’re in court, make sure your conclusions are always inexorable.

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What’s in it for me?

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Two new studies appear to confirm something most of us have been taught from an early age (but may have doubted), that it is better to give than receive.

“Joy from giving lasts much longer than joy from getting,” the studies show.

I have a thought.

If we get more pleasure from giving than receiving, then it appears that we are hard-wired to give because we are hard-wired to seek pleasure.

The more we give to or help others, the better we feel. The better we feel, the more the recipients of our giving benefit from our giving.

The best way to help others and make the world a better place, then, is for each of us to put ourselves first.

It’s a kind of spiritual capitalism.

Merry Christmas.

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Here’s your plan

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With a little planning, next year could be your best year ever. 

Start by deciding what you want to improve or expand or what problems or bottlenecks you want to remove. These should be relatively high-level strategies that relate to your long-term goals. 

Things like

  • Entering a new market or niche
  • Developing a new skill or improving an existing skill
  • Offering a new service
  • Finding new referral sources/jv partners
  • Improving your billing and cash flow
  • Starting a newsletter, blog, or video channel
  • Cutting overhead
  • Trying (or increasing) PPC advertising
  • Hiring more employees/outsourcing
  • Streamlining your workflow

There are many more possibilities. 

Make a list and then choose no more than three to five strategies for the year. (If you get them done, you can go back for more).

The next step is to decide what “success” looks like for each strategy. 

What’s the desired outcome? How much/how many? When do you want this to occur? 

It might help to think about why you want this result. What will it help you do, have, or become? How will it materially improve your practice or life?

Write a short description of each desired outcome or goal. 

Once you chosen the what and why, it’s time to consider the how. How will you implement these strategies? How will you achieve these goals?

For each strategy or goal, write down specific action steps.  Make each step as simple as possible. Break up big tasks or projects into small, bite-sized pieces. 

Organize all of your action steps into logical order and add them to your task management system or calendar.

And there’s your plan. 

This will help you create a simple marketing plan

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When a prospective client says you charge too much

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What do you say to a prospective client who says you charge too much or you charge more than other lawyers for the same work?

If you don’t at least occasionally hear this, you may not be charging enough. But that’s a discussion for another day.

Anyway, what do you tell the client who balks at your fees?

One thing you can do is explain what you don’t charge for.

Tell them about free services or extras you provide, at no additional charge. This will not only increase the perceived value of your services, it will imply that other lawyers don’t include those things, even if they do.

For example, you might tell them that instead of having an employee meet with them, you will personally meet with them and go through the documents (discovery, etc.), explaining everything, answering all of their questions, and making sure everything is done right.

Or, tell them that when they hire you to do X, they also get Y.

Turn a potential negative into a selling point. A reason to choose you instead of any other attorney they might find.

But don’t wait for clients to complain about your fees or ask why you charge so much. They might not bother to ask and just call someone else.

Instead, post information on your website describing all the value and extra services you provide your clients. Tell them what’s included, and don’t scrimp on the details. Explain this at the first appointment, too.

You want clients to think, “She may charge a bit more but I can see that she’s worth it,” and this is a simple way to do that.

How to prepare invoices that get paid promptly

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You’re doing something right

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Where are most of your clients coming from right now? Look at your current client list, tally up the score, and make some notes.

How many were referred by other clients? Which clients referred them? What legal issues? What did the referred client ask? What did the referring client tell them or do?

Describe what happened if you have it in your notes (and start taking notes if you don’t).

How many new clients were referred by other professionals? Write down the names of any and all referral-givers and the types of clients they’re sending your way.

How many clients found you online? What keywords did they search? What articles did they read? Which sites did they visit before finding yours?

How many came in from advertising? Which publications or sites? Which ads? Which keywords? Which headlines? Offers? What was the cost per click/per lead?

How many came from networking, speaking, writing, or other sources? Where? When? What did you say or do that led to them contacting you?

Look at last year’s new clients and cull out the same information. 

Look for patterns. Figure out where most of your clients or cases are coming from. Figure out where your biggest or best clients are coming from. Calculate your highest ROI’s on marketing.

You need to know these things so you can manage and improve your marketing. Tracking numbers will tell you what to repeat and expand, and what to reduce or give up. Keeping notes will help you improve your process and your results.

If you’re getting clients now, you’re doing something right. But you can always do better.

Marketing is easier when you have a plan

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How old farts get more done

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I read about a study that says people over 40 are most productive when they work three days a week or less.

Great. Where do I sign up?

Actually, I signed up a long time ago when I was still in my twenties. Cutting my work week to three days (from a less-productive, stress-filled six-day schedule) allowed me to multiply my income and start enjoying life.

So, even though I haven’t always worked only three days a week, this idea gets a thumbs up from me.

The question is, what are you going to do with this piece of information?

If you aren’t self-employed and you want to give it a whirl, you’re going to have to negotiate with your employer. See if you can work out a way that you get paid for your output instead of your time.

When I started paying my staff a salary instead of by the hour, I told them I didn’t care how many hours they worked as long as they got their work done.

They did and we were both happier.

If you’re self-employed and you want to cut your hours, sit down and have a talk with yourself. See if you can work something out.

What if you bill by the hour?

Stop doing that.

Try flat fees or package your services in a way that you can get paid no matter how many hours the job takes you.

You’ll work less and earn more. And you and your clients will be happier.

Even if you’re still in your twenties.

Get the check: stress-free billing and collection

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How Ebeneezer Scrooge got rich

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One thing that distinguishes successful (accomplished, wealthy) people from the rest of the folks is how much they value their time. 

Because of this, they say “no” more than they say “yes”. 

They say no to requests for their time or money that don’t align with their mission, values, or plans. They say no to low priority projects. They say no to things that waste their time or that they don’t enjoy. 

Which lets them focus on important things, which is how they get rich.  

If you want to follow suit, you must commit to saying “no” more often. 

On the other hand, Mr. Scrooge was a miserable old coot. He might not have realized this until he saw depictions of the harm he had done and the bleak future that awaited him, but once his eyes were opened, he redeemed himself and was happier for it. 

His dream provided context and allowed him to realize what was truly important.  

Say no more often, say no to most things, so you can say yes to important things. Just make sure you know what’s really important. 

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How much is your time really worth?

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On my walk yesterday, I heard a doctor being interviewed on the radio. He was talking about his book. It was a one-hour interview and I wondered how much income he was giving up by not seeing patients during that time. 

When I got home, I checked the books ranking and saw that he was selling a ton of books. I guessed he probably earned $500 to $1,000 for the day. 

Was that a typical day or was there a spike in sales from his appearance on the radio?

Actually, it doesn’t matter. 

The book is clearly getting him a lot of exposure, and that exposure will bring him a lot of patients, and other opportunities to be interviewed. 

Promoting his book allows him to leverage his time and earn far more than he would have earned seeing patients for an hour.  

Which is how attorneys should think about all of their marketing. 

The hour you spend with a prospective referral source, for example, might open doors to an incalculable influx of new clients. Two hours invested in writing content for your website might lead to picking up a new client every month.

No, you don’t know if what you’re doing will work, or how well. You keep doing it, trusting that some things will work well enough to make it all worthwhile. 

In fact, if you keep doing “it” (marketing) long enough and consistently enough, you may eventually reach a tipping point where your practice starts growing at an accelerated rate. 

When that happens, when you’re bringing in more business than you can handle and your income is doubling and tripling, you won’t ask yourself if all that time you spent marketing was worth it.  You’ll ask yourself why you didn’t do more of it. 

The New Year is around the corner. Do you have a  marketing plan?


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Why I turned down law review

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In law school, I was invited to join law review. I turned it down, much to the chagrin of my father who thought I was making a mistake.

I did it so I could concentrate on school and the Bar exam.

I worked for my father in law school and the plan was that I would continue doing so after I graduated. So I didn’t need to add law review to a resume to get a job.

I got good grades and passed the Bar the first time. I don’t what would have happened if I’d had the additional burden of law review eating into my schedule.

Writing for law review would certainly have improved my research and writing skills, which could have helped me as a practicing lawyer.

So, did I make a mistake?

To answer that, I have to be honest about another reason I said no: fear.

I remember thinking, What if I’m not good enough? What if I can’t handle the work?

Yes, I knew I had been recommended by a professor who apparently thought I could handle it, but it wasn’t his ego on the line.

Unfortunately, I’ll never know if I could have handled it, so to that extent, I regret turning it down.

Throughout my career, I’ve successfully navigated more than a few challenges. Once I opened my own office, for example, I had to figure out how to bring in clients.

I had to do it, so I did.

Which makes me wonder, What if I hadn’t had a job waiting for me out of law school and needed to add something like law review on a resume?

What are you not doing because you don’t have to?

How to get maximum referrals

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Big plans start with small steps

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I did a coaching call with an attorney who is planning to leave the firm where he works and open his own office. He’s been planning this for a few years. 

I remember what it feels like to open your own office and I’m excited for him. He’s got a lot of promise, and a lot planned, and I think he’s going to be very glad he made this move. 

But there was one part of his plan that bothered me and I told him so. His plan called for him to immediately open two offices, followed soon by a third, in different cities many hours driving time from each other.

He has reasons for believing he can succeed in all three locations, and I have no reason to doubt this, but I told him he should start with just one. 

One office, get it going, make it profitable, hire help, and then explore opening office number two. 

Keep it simple. 

Simple means “something you can do”. Something he can do: open one office.

With some experience in opening the first office, some cash flowing and some help helping, he will have the knowledge and wherewithal to open the second office and make it profitable in less time and with less effort.

As for marketing, we talked about his many options, but here again, I suggested that he keep it simple. Other than getting his website up and running, that means continuing to do what he’s been doing to bring in business–an email newsletter. 

It is his primary marketing method and it’s working well for him. I gave him suggestions for expanding and streamlining what he’s doing, leveraging what he already knows and does to get to the next level. Given his experience, I have no doubt that he will do exactly that.

Start where you are with what you have. Good advice for marketing and opening offices. 

Marketing online for attorneys

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