Still crazy after all these years

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It’s difficult being intelligent and having opinions about important things. You see evil people with terrible ideas and you want to vanquish them. You see stupid people with power and you want to cry.

If you say anything, those people point an ugly finger at you and convict you of the same offenses of which they are guilty.

It’ll drive you crazy if you let it.

Don’t let it.

Don’t pick fights you can’t win. Don’t take on everyone or every issue. In fact, unless your work or the safety of your family demands it, your default response should be to keep quiet and walk away.

Does that mean putting your head in the sand and ignoring most of the noise? Yes. That’s exactly what it means.

Unless you were hired for the job, don’t waste social capital, don’t risk losing business. Let those who were hired to fix the problem do their job. Support them, but don’t make yourself a spokesperson.

You can’t fix stupid. Evil has always existed and always will. Yes, there will be times when good conscious demands that you speak out or take action. To fight with every ounce of your strength.

But those times are rare.

You have to get good at compartmentalizing. Put things in a lock box in your brain and don’t open that box. Train yourself to smile and change the subject.

It’s okay to compare notes with your like-minded spouse or best friend; with everyone else, just don’t go there.

That goes double for social media.

Keep busy with work. Focus on building, not tearing down, on love not hate. And have faith that everything will eventually be okay. Because it surely will.

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Why you shouldn’t hire a marketing manager for your firm

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Wouldn’t it be nice to turn over all of your marketing to someone else? Put a marketing manager in charge of your marketing? Let them take care of bringing in the business so you can concentrate on the legal work?

That may sound good but it would be a mistake. Marketing professional services cannot be delegated. Clients may write their checks to your firm but it is you they are hiring.

Nobody can build relationships with clients and prospects and referral sources like you can. Nobody can speak or network for you. Nobody can make the case for hiring you like you can.

So forget the idea of hiring others to do your marketing.

On the other hand, you can (and should) delegate many marketing support activities.

Have others do most of the leg work, organizing, research, editing, website updating, confirmation emails and phone calls, event planning, slide-making, and other activities that support your marketing.

Under your guidance and supervision.

You need to be involved and make the big decisions. You need to put your imprimatur on every ad, every article, and every email. You need to be in charge of your marketing.

Because clients hire you, not your firm.

Marketing assistants can help. Outside consultants and agencies can help. But you are the marketing manager for your practice.

Marketing starts with the right strategies. Start here

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How much detail do you have in your lawyer referral database?

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I got a call from an old friend the other day. She was injured and wanted to know if I could help her find an attorney. I live in California, she’s in Virginia, but fortunately, I knew some attorneys near her.

I emailed an attorney friend in her city and asked if he could help. He replied, “I can find you the right person. Let me know the nature of the claim: medical malpractice? Vehicular collision? Police shooting? Premises liability? There are different lawyers who would be best, depending on the cause.”

I wrote back, gave him more details, and he provided me with two names and phone numbers which I passed along to my injured friend.

If she is able to hire an attorney through this referral:

  1. My friend will get the help she needs from a lawyer who is right for the job
  2. The attorney who takes the case will have a new client
  3. My attorney friend gets the credit for making the referral, and
  4. I get the satisfaction of helping put this together.

I knew my friend was well-connected. He is a great lawyer and a consummate marketer. What I didn’t know is how much he knows about the lawyers on his list.

Knowing what the lawyers on your list do best allows you to be a better matchmaker. That increases the odds of a successful referral and saves everyone a lot of time.

There’s a lesson here, aside from the obvious one that lawyers should keep a list of other lawyers to whom they can refer. It is the value of taking the time to get to know more about them—what they do best, what kinds of cases or clients they prefer, which ones they won’t take—because as you learn this information about them, you prompt them to learn the same information about you.

In your lawyer database, don’t stop with just practice areas. Dig. Ask questions. Get a description of their ideal client. And then give them yours.

Learn more about getting referrals from other lawyers

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You may not like this idea but you may love the results

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You want your practice to stand out in the crowd. You like the idea of free publicity. The idea of “going viral” appeals to you. You’d love to bring in a lot of new business.

Here’s an idea for a promotion that could help you accomplish all of the above.

Step one: find a “safe” charity or charitable cause

Choose a safe charity or cause to align with. Something that would appeal to your target market.

“Safe” means the organization is the real deal. Most of their revenue goes to causes, not overhead. There are no scandals. No political overtones to what they do.

It’s probably best to go with something small and local. You’ll be able meet with the people who run things, which can lead to additional marketing opportunities for you (e.g., networking, referrals, speaking).

Step two: choose one of your services you can give away free

(Yeah, that’s the part you may not like; but it could lead to results you’ll love).

This free service should be a “leader” or entry-level service, for new clients. For example, a simple Will package, incorporation, or an employee handbook review. If you bill by the hour, it could be a six-hour bundle.

Obviously, you’ll want to offer a service that is likely to appeal to the kinds of clients you target.

Make it as valuable and attractive as possible. Remember, the end game is to get publicity and traffic and new clients. The bigger you go, the more likely it is that your offer will accomplish this.

If you go really big, however, you may want to limit the number of “packages” that are available.

Step three: “Pay what you want—it’s for charity”

Promote your offer with a theme that new clients can pay what they want for the services and that 100% of the proceeds go to [name] charity.

Tell them the value of the package, or a suggested minimum donation.

For added punch, tie the promotion to a specific project the charity is running, e.g., the homeless shelter fund. And put a time limit on it.

Some clients may “cheat” and pay only a few dollars. But most people are honest and will do the right thing, if for no other reason than to help the charity.

Advertise and promote your offer as broadly as possible. Send out a press release. Email all of your lists and contacts and all of the bloggers and writers in your niche. Ask the charity to promote it in their newsletters, website, and bulletins. Ask them to ask their major donors and supporters to do the same.

You should get some favorable publicity from this. Traffic to your website and sign-ups for your newsletter. Meet some new referral sources connected with the charity. And get some new clients.

If all goes well, the next time you do this, you can partner up with other lawyers, other professionals, and other businesses, each of whom will promote this to their contacts, generating more goodness for all of you.

Leverage is the key to earning more without working more. Here’s the formula

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It ain’t over ’til it’s over

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At half-time, I thought, if Atlanta can score 21 points in the first half, New England can do the same in the second half, and win. That’s the way The Pats have to look at it. There’s a lot of game left.

Yeah, I’m so smart I turned off the game early in the fourth quarter and missed the comeback of the century.

I thought it was over. No time left. Too big a deficit. But it wasn’t over. Because it wasn’t over until it was over.

So, is that it? Is the lesson to never give up, no matter what? Keep fighting no matter how bad things look?

Yes.

The game isn’t over, the election isn’t over, the trial isn’t over until its over (and you’ve exhausted all appeals).

Never give up. Never give in.

Now, it’s easy to give up when nobody is watching. All those projects you’ve started but never completed, all those goals that were quietly swept under the rug. When you’re the only one who knows, giving up is no big deal.

So if you want to win, make sure lots of people know.

There are those who say we should never share our goals or plans with others, that we should keep them to ourselves. Telling others, they say, puts too much pressure on you to perform and causes you to mess up.

But it is precisely that kind of pressure that leads to great victories.

When hundreds of millions of people are watching you, cheering you, counting on you, that’s when you do the impossible.

Go public with your plans. Share your goals. Be accountable. Take the chance that you will mess up. Because in this way, you will summon all that you have and accomplish things you might otherwise never accomplish.

There’s a related lesson, one that Atlanta missed, and that is assuming you’ve won before you’ve won. The Falcons took the win for granted and blew it. As Lost in Space’s Dr. Smith would put it, “Oh the pain”.

Never give up, and never celebrate before all the beans are counted. Because it ain’t over ’til it’s over.

What’s your goal? How many referrals are you going to get this month?

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Extreme vetting of lawyers

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I got an email from a lawyer who had a bad experience with a referral to another lawyer who mishandled the case (and the client). She’s feeling gun shy now about giving referrals and wants to know what she might do to vet lawyers before sending them any business.

First, let me point out that most lawyers do a decent job most of the time so there is no need to panic or stop referring because one lawyer messed up. It happens, we deal with it, and we move on.

In choosing lawyers to whom you will refer, do what you might do if you were going to hire them yourself. Start with obvious due diligence measures: check with the bar for discipline and complaints, search online to dig up any dirt, review their web site(s) and examine their experience and other qualifications.

Make sure they have sufficient staff to handle the job and carry E and O insurance.

You might give them extra points for expert certification, serving as an arbitrator or judge pro tem, teaching CLE, bar association committees, awards, and so on.

In addition, you may want to

  • Talk to other lawyers who know them, including opposing counsel and judges who have seen them in action
  • Read articles they have written and articles that were written about them. Get a sense of their world view, processes, communication skills, and personality.
  • Run a credit check and/or a background check if there’s a lot at stake or your Spidey-sense is telling you there’s something wrong

If you’re still not sure, have a chat with them. Tell them you want to make sure they’re the right lawyer for the job. Anyone who is qualified should respect that.

You might ask them to fill out a questionnaire, something like the ones E and O carriers use, where they are asked to disclose their calendaring and conflict checking systems and other safeguards and to disclose any malpractice lawsuits against them. Check with your carrier because some require this information as a prerequisite to defending a claim against you for a negligent referral.

While you’re at it, consider whether your client will be comfortable with the lawyer’s personality and style. Not every competent lawyer is a good match for every client.

Start by referring small matters, so you can see how they handle them and how they treat the client. Stay involved with the case, not to micro-manage it but as a second pair of eyes on behalf of the client. They are still your client, after all. Check in with them regularly, to see how things are progressing and to look for signs of trouble. Make sure they know to contact you if they have any questions or concerns.

Bottom line: do your homework but don’t let a bad experience with one lawyer unduly color your judgment in choosing others.

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What to do with a referral source who isn’t referring?

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What do you do when a referral source isn’t referring?

The wrong thing to do, of course, is to push them. Point out that they haven’t referred much lately or that their numbers have fallen off. Or that they “owe” you.

That’s probably not going to work. In fact, it could easily backfire by alienating them and causing them to do even less.

No, the best way to get a referral source to refer more is to assume (until you learn otherwise) that he is doing all that he can and then help him to be able to do more.

In other words, help his business or practice grow so he will have more customers or clients to refer.

You can do that by introducing him to some of your business contacts who might be able to send him business, make introductions, or open doors to speaking or networking opportunities.

You can feature his business or practice or his products or services on your website and in your newsletter.

You can recommend marketing experts or vendors, or share information you’ve found (books, courses, blogs) that could help him get more clients or bigger clients.

And you can send him some referrals of your own. No, he won’t be able to refer those clients back to you but those clients might refer other clients to him, which he can refer to you. Also, the cash flow your referrals generate might allow him to expand his business in other areas.

But here’s the thing. Even just offering to help him could make a difference. How many other lawyers do that?

Show him you’re trying to help him and when he’s able to refer more, you can bet that you’ll be number one on his list.

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Referral cards for the win

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On the counter in my dentist’s waiting room, prominently featured, is a supply of referral cards. They are full-color, glossy, and about 50% bigger than a regular business card. They are folded in half, creating four panels.

On the front panel is a stock photo of a (smiling) family. Under the photo, it says, “Care Enough to Share”. Under that, it says, “New Patient Gift Card”.

When you open the card, the upper panel’s headline says, “Valuable Offer To New Patients”. Under this, it says, “The referral of a friend or family member to our office is one of the finest compliments our patients can give us. We welcome you to become part of our practice.” (Remember, these are meant to be given to prospective new patients.)

The next paragraph presents a special offer (exam, x-rays, cleaning). The fee ($99) is large, centered and written in dark red. Under that, in smaller print, it says that the regular fee is $298.

The next panel has four bullet points that describe the practice: highly skilled dentists, friendly and caring staff, convenient hours and location, that sort of thing.

Under the bullet points are three “blanks” for the referring party to fill out: “Presented to,” “Referred by,” and “Expires”. Ostensibly, the referring patient fills out the first two, and the dentist’s office fills out the third one if they want an expiration date on the special offer.

These are followed by the names of the two dentists, address, phone number (large and in dark blue), and finally, the practice’s web site.

Turn the card over and the fourth panel has a map of the office, the practice’s name, the dentists’ names, and the office address. Finally, it says, “Call Today!” (large) and provides the phone number. Under that, once again, is the practic’s web site.

The card is colorful and professionally produced. It’s a simple concept: a special offer for new patients and the suggestion that as a current patient, you are “allowed” to bestow this offer on your family and friends.

I’ve talked about referral cards before. It’s an idea that just about any consumer or small business attorney can use. Once you have these made up, you can display them on a desk or counter and let them go to work for you. Or you can point them out to your clients and encourage them to use them.

You can also put a small supply in your “new client” kit, or mail them to clients once or twice a year.

You can also use referral cards to offer information. A Special Report or ebook, available on your website, for example. You can offer this in addition to a special offer on services or a free consultation, or to offer the information by itself.

When your clients take one or more cards, they might not have someone in mind to give them to but it should get them thinking about who they know who might benefit. It also tells your clients that referrals are normal, expected, and appreciated, planting a “referral seed” in their mind.

Referral cards are a simple, inexpensive way to promote your practice, stimulate referrals, and build your email list, and I encourage you to use them.

Learn more about referral cards and other “referral devices” here

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How to get prospective clients off the fence and onto your client list

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Over the weekend I was looking at a piece of software I was considering. I’d seen a few reviews and watched some videos. I liked what I saw but the developers didn’t provide a lot of information and I wasn’t sure I wanted to spend the money.

Do I really need this? How much would I use it? Is it as good as it looks? What if I get it and find something better?

They offer a money back guarantee and I was leaning towards buying but decided to sleep on it. See if I could find more reviews, maybe write to the developer and ask some questions.

Today, I went to the website from another computer. Lo and friggin behold, the software was available for one-third of the price I saw last night.

Not one-third off. One-third of the original price.

I saw nothing about a “sale” or promotion. Were they price-testing? Did I somehow load an old page?

Who cares. I bought the sucker.

It really wasn’t that expensive at the original price. But at one-third the price, it was a no-brainer. Take my money.

Two lessons for you my young Padawan.

First, don’t scrimp on the info. Make sure your website and other marketing materials show prospective clients as much information as possible. Make sure you have lots of reviews and testimonials. Answer every question a prospective client might ask about you and your services. Do your best not to give them any reason to “sleep on it” because they might not come back.

Second, don’t lower your “prices” but do offer lower-priced alternatives. If a prospect sees your full-priced package but isn’t sure they want to go ahead, your lower-priced package could be just the thing to get them to take the plunge. Get the client, even at a lower fee. You can sell them on buying additional services later.

When it comes to pricing and the perception of value, context counts. A $3,000 fee may seem expensive when that’s all the client sees, but a bargain when they are first presented with your $9,500 package.

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How many clients have you seduced this week?

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Marketing is a seduction, not a bludgeoning. You don’t walk up to a prospective client and ask them to hire you, nor do you dump a truckload of information on them or talk their ear off. You introduce yourself, tell them almost nothing about what you do, and ask them about themselves.

You don’t sell your services to them from the get-go, you pique their interest in learning more.

You might do that by commenting on something they say or sharing a story that relates to their situation. You let them know, with questions and body language, that you know something about their business or situation and then see if they ask questions.

Eventually, they’ll ask for your card. Or they won’t. If they don’t need your services, the chemistry between you is wrong, or they don’t want any information, you’ll part company. No date. Not this time.

Your website shouldn’t be an information dump, either. It should also pique interest. It should first show visitors the big picture about what you do (e.g., your practice areas and target markets), and invite them to “drill down” through the pages to find information that addresses their specific interests.

When you meet someone and they don’t ask for your card, you should ask for theirs so you can contact them again. You might offer to send them some information about something you discussed.

Your website should do the same thing. It should ask visitors to sign up for your newsletter or download your report to learn more. Let them give you permission to stay in touch with them.

Any kind of marketing–advertising, speaking, writing, networking, social media, joint ventures, referrals–should seek to connect with prospective clients and the people who can refer them, pique interest, and invite them to take the next step.

Don’t ask everyone you meet to go to bed with you. Seduce them. Let them get to know you, see how smart and charming you are, learn something about what you have to offer, and decide that they’re ready to go on that date.

Marketing is simple. Lawyers aren’t. 

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