If your five year old was managing your law practice

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It’s been a long time since I had a five year old in house but not so long that I can’t remember what kids are like. Hey, I can even remember what I was like.

So, what if kids ran the world? More to the point, what if your five year old was managing your law practice? What changes might they make? What would they tell you to do?

1. Have fun. Find ways to put some fun into what you do. Because if you don’t, you’ll burn out. Or get sick. Or ruin your marriage.

That might mean you need to delegate more tasks. Eliminate others. And loosen up. Find some light in the darkness. Find something to smile about and laugh about every day. Put some play into your day. Because if your practice isn’t fun, at least some of the time, you probably need to do something else.

2. Learn stuff. Kids love to learn. It’s keeps them young. If you’ve stopped learning, you need to rekindle your innate thirst for knowledge and learn something. Legal stuff doesn’t count.

Read and listen to things outside your normal areas of interest. You can use those nuggets in your blog posts, articles, speeches, and conversations.

Schedule weekly learning time and study marketing, writing, speaking, leadership, management, and productivity. Read history. Read profiles about business leaders and creative people. Go to museums and art galleries.

3. Tell me a story. Kids love to read stories and have you read them stories. You do, too. You just forgot. So, read some fiction now and then. All facts make Jack a dull boy.

And tell stories to your clients and prospects. Stories are the best way to show people what you do and how you can help them. They are interesting because they have people in them and because something happens to them. Put stories about clients and cases in your marketing materials.

Visuals can tell stories, too. Put photos on your website. Use charts and diagrams to deliver information (but only if they are simple and interesting).

Oh yeah, make sure you have some coloring books and crayons in the office so your client’s kids have something to do.

4. Could I have a dollar? Kids like to have their own money to spend so we pay them for chores or give them an allowance. If they ran your practice, they wouldn’t understand it if you did work but didn’t get paid. Get rid of clients who don’t pay. Ask people who owe you money to pay you (but don’t cry or throw your toys if they don’t).

5. Nap time. Stop running all day. Take breaks. Get some rest. Have a snack. And make sure you get a good night’s sleep because tomorrow is going to be a busy day.

If your five year old were managing your law practice, your law practice would be pretty cool place.

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How to get more business clients

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An article in Entrepreneur, “Hiring a Lawyer: Five Mistakes to Avoid,” tells startups what to do to save money and avoid getting hurt when hiring a lawyer. If you want to get more business clients, you might want to know what kind of advice they are listening to.

Here are the “five mistakes,” followed by my thoughts on how you can use this information:

1. Hiring a lawyer too soon.

Summary: Some startups hire a lawyer before they know what they want and need. See if there is a pro bono legal clinic at a law school where you can learn about the issues and process. Consider “hiring” them to do some basic work.

DW: What can you do? How about offering free information that does the same thing? Educate your target market about the issues, process, risks, and options. How about holding your own “clinic” where startups and young companies can come and learn (and network) and maybe even get some basic work done free?

You might get endorsed by a business school or community organization, perhaps the chamber of commerce, and get some publicity for your good work in helping the community.

2. Hiring the wrong lawyer.

Summary: Avoid hiring someone who does not specialize in what you need. Get referrals and interview several attorneys before you choose.

DW: Clients prefer specialists (and articles recommend them). Specialists earn more, too. So if you don’t specialize, maybe you should. If you do specialize, start promoting the fact that you do and educate your market about why this is important to them.

3. Hiring a big firm when you don’t need to.

Summary: You will pay more and you may not need to. Many smaller firms have great lawyers, some of whom came from big firms.

DW: Educate your market about the advantages of hiring a smaller firm. Not just lower fees. Smaller firms usually give more personalized attention. Make sure clients know why this is a benefit to them.

4. Not haggling on fees.

Summary: Negotiate fees. Offer equity in partial payment.

DW: Never negotiate fees. You can be flexible about retainers, payment options, and offer alternatives to hourly billing, but never negotiate (reduce) your fees. If you do offer alternative fees, promote the heck out of it. Clients like them.

Take equity if you want to. You could hit a winner. But since most startups fail, don’t go “all in”.

5. Seeing a lawyer as just a lawyer.

Summary: If offering equity, you’re taking on a business partner. Make sure your lawyers have expertise in your field and can do other things for you, e.g., lead you to investors.

DW: Every business lawyer has a stake in it’s client’s business, even if they don’t own any stock. As the client grows, they have more legal work. There are more opportunities for referrals from partner companies, vendors and suppliers. You can grow with them, so help them grow.

Use your contacts and knowledge to help your clients get investors, better financing, new customers, and better suppliers. Look for opportunities for them. Make introductions. Send articles about their industry, marketing, and management. And make sure your prospective clients know that you provide this kind of help.

If you don’t have these connections and knowledge, start developing them. Because the world doesn’t need more lawyers who merely deliver competent legal work. It doesn’t need more lawyers who merely “protect and advise”. It needs more lawyers who can help their clients prosper.

Marketing is not difficult, when you know The Formula.

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The problem with lawyer directories

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I got yet another unsolicited email from a new lawyer directory inviting me to list my practice. Aside from the fact that I no longer practice, why would I want to be listed with a company that does marketing through unsolicited bulk emails?

Anyway, I’ve got a problem with lawyer directories. Actually, several problems:

  • People searching for lawyers usually prefer to go directly to individual lawyers’ websites, rather than wading through a directory (which is another search engine, after all). If they do visit a directory, they’ll see little to help them narrow their search, other than practice area and location, and that’s not enough. (See next point.)
  • Directories make everyone look alike so it’s harder to stand out among your competition. Premium (paid) listings give you better placement, more room, and more features, but it’s still a directory and the kind of information found in directories usually isn’t enough to convince people to call. (See next point.)
  • What makes you stand out isn’t telling people what you do, it’s showing them what you do. Articles, blog posts, client success stories, YOUR story, photos of you and your staff successfully doing what you do, show people your capabilities, experience, and commitment in a way a rote listing of practice areas never can.
  • Therefore, a listing is only as good as the website it links to. Most people won’t call based only on a directory listing. They want to see more. They want to see your website.

The good news is that not only will a content-rich website sell visitors on you and what you can do for them, it will also bring them to your site through search engines and social sharing. In other words, you don’t need to depend on directories.

If a directory is free, sure, go ahead and add your listing. It will provide another inbound link to your site and yes, you may get some business from it.

Should you get a paid listing? Hey, you only need one case or client all year to pay for it. That’s the pitch, isn’t it? I won’t say never. But I’d rather see you put your energy into building your own website and getting some of that free organic traffic Google would love to send you.

If you want to learn how to build a successful website and get traffic, this is all you need.

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Fracking your law practice

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You’ve waited long enough. It’s time to finally open the floodgates of untapped resources that lie beneath your feet. New clients, better clients, and an abundant and fulfilling lifestyle await you. All you need to do is go get them.

Every law practice has natural resources that aren’t being accessed. What are these resources?

Your client list that could easily bring a steady stream of repeat business and referrals but is all but ignored in favor of expensive and time consuming efforts to find new clients.

Your knowledge and experience that could be packaged and presented in a way that makes you stand out from the crowd and be seen as the best lawyer for the job but instead, is shackled by the chains of conformity.

The passion that drove you to choose a legal career but has been dulled by low margins and mindless work could be rekindled with new ideas, if only you would slow down long enough to learn them, and loosen up enough to try them.

These and other resources, if allowed to surface, could transform you from struggle to success, from success to untold wealth. All you have to do is embrace these resources, develop them, and allow them to deliver their bounty.

Why aren’t you developing these resources? Adherence to tradition. Not wanting to admit there is a problem. Fear of what others will think or what might happen if something goes wrong.

Yes, there are dangers. If you start a blog it might take up too much time. But what if it doesn’t? What if it takes up much less time than you thought? And what if it brings you lots of prospective clients who see why they should hire you instead of anyone else, and do?

If you get started with social media, your unhappy clients and crazy clients may smack talk you and harm your reputation. But what if they are few and far between and your happy clients set the record straight and build up your reputation and increase your following?

If you stay in touch with your clients and former clients, you might waste time that could be spent getting work done. But what if staying in touch brings you so much work you can afford to hire staff to do most of it and you can get home before the kids are in bed?

There are dangers to doing things you’ve never done before. You might be embarrassed. There may be costs. Things could go wrong. But the greater danger is that you will never discover what was possible, never realize your potential, and never have the time or financial resources to make the world a better place.

If you’re ready to tap into your natural resources, this and this will show you what to do.

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People are stupid

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It is said that one should never underestimate the intelligence of our fellow man.

That’s a load of crap. People are stupid.

They can’t think. The can’t write. They don’t understand.

Their vocabulary consists of twelve words, none more than two syllables. They have the attention span of a goldfish.

Dumb. Thick as a brick. Stoo-pid.

If you don’t believe me, go read the comments on just about any Youtube video.

See? People are stupid.

At least that’s what you should assume when you write or speak.

Never assume people will understand what you are saying. Spell it out. Say it so they can’t possibly misunderstand.

Use plain words. Short sentences. Word pictures.

Short lists. Simple examples. Precise instructions.

This actually takes some work on your part. It’s not easy to write simply and plainly and not sound like you are talking down to people. It’s much easier to write like a lawyer, but I urge you not to, even if you’re writing for lawyers.

Write and speak to communicate, not to impress. Don’t make people work any harder than necessary to understand your message.

Keep things simple so everyone can understand. Stupid people will thank you. Smart people won’t mind.

If you want a (simple) marketing plan that really works, get this.

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The need to read (books)

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If you are a book lover like I am, you know there’s never enough time to read everything. In, “How to read a lot of books,” college student and fellow book lover Dan Shipper shares how he read lots of books.

First, he keeps track of everything he wants to read in Evernote. He always has his list with him so he can pick up books on his “want” list any time he’s in a book store. Of course I keep lists in Evernote, too, but I buy mostly ebooks, now.

Next, he prioritizes his master list (using Trello) so he knows what to read next. I’m more of a shoot from the hip kinda guy, so unless I’m working on a project that calls for me to read a certain book, I just pick something I feel drawn to and read that. If I did prioritize my list, however, I would use Evernote tags instead of another application.

As for actually reading the books, Shipper follows this rule: “I never read more than one book at a time, and I always finish every book I start.” Here, I disagree.

I often read several books “simultaneously”. No, not literally. I start one book, then switch to another before finishing the first. I may go back to the first or go on to another. Why? I like the variety, I guess. When I get tired of hearing one author’s voice, I like to tune into someone else’s.

As for finishing every book, I must ask why? There are a lot of bad books out there. Why continue reading something that’s boring or that doesn’t deliver on it’s promise? Why punish yourself? So you can say you finished what you started? So you can tell yourself you gave the author a fair shot?

Besides, the 80/20 rules tells us that 80% of a book’s value is contained in 20% of the pages. If you can deduce that value by skimming or by skipping chapters, why wouldn’t you do that?

I guess it depends on why you are reading. I read to gain information, mostly. (I don’t read much fiction these days.) When I can get most of the information I need or want without finishing the book, I do.

Not finishing books is one of my top productivity strategies.

Finally, Shipper says he takes notes as he reads and records the page numbers, so he can refer back to those notes in the future. I do that, too. On Kindle, you can highlight passages and add notes and the system will keep track of those highlights and notes, along with the page numbers. (I haven’t figured out how to export them, though. I’d like to save them in Evernote.)

So, that’s what I do to read (or skim) lots of books. What do you do?

Glad I’m done with this post. I’ve got five books I’m planning to start.

If you use Evernote, get my Evernote for Lawyers ebook. If you don’t use Evernote, helloooooo!

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Overcoming the money objection

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You’re sitting with a new client. At least you think he’s a new client because he needs your help and wants to hire you. But when it comes to the subject of fees, he balks. Too often, he walks.

Overcoming the money objection in it’s various forms–I can’t afford it, I don’t have it, it costs too much, other lawyers will do it for less–is critical. The best way to handle this objection, or any objection, is to eliminate it before it comes up. Here are four ways to do that:

1. PRACTICE AREA AND TARGET MARKET

If you handle contingency fee cases, the money objection usually doesn’t come up. Lawyers who do work for big business and government usually don’t have clients who can’t pay their fees. Targeting well to do consumers for your services will also eliminate or severely curtail the no money objection.

In addition, if you handle legal work where clients must have an attorney or face dire consequences, rather than discretionary legal work, clients who might otherwise be limited in their ability to pay will often find a way to get the money. Someone who is in jail, being sued, or facing foreclosure, for example, has different motivation than someone who needs to update their will.

2. INFORMATION

The second way to deal with the money objection is to provide ample information to prospective clients before they call for an appointment. This means posting information on your website that explains fees, costs, retainers, and payment options. It means mailing or emailing prospective clients this kind of information (“a pre-appointment information package”) prior to the actual appointment.

You don’t necessarily quote fees in advance but you do provide a general idea of what the client can expect if they hire you. Give them a range of fees so they know it might be as much as $10,000 and they don’t come in expecting to pay $1,000. Show them different packages of services you have available, so they can see that while they might not be able to afford package A, they can probably handle package B. Explain the payment options that are available to them, so they can see that they don’t have to have all of the money up front.

This is also how you deal with the issue of other attorneys with lower fees. This is where you build the value of what you offer and make the case for why clients should choose you. This is where you explain how some attorneys don’t tell the whole story regarding fees and costs, until someone is sitting in their office. This is where you show prospective clients the wisdom of hiring someone with your experience and how, in the long run, it will probably save them money.

3. ON THE PHONE

When a prospective client calls for an appointment, or calls to ask questions, make sure they understand how much they will be expected to pay (or the minimum) if they decide to hire you.

Some will tell you it’s better to get them into the office first, that once they have taken the time to meet with you and become impressed with you, they will be more likely to find a way to hire you and less likely to go shopping for a less expensive alternative. That may be literally true, but if they don’t have the money they don’t have the money and you and the client are both better off dealing with this reality before spending any more time.

There are exceptions, but a policy of giving prospective clients a general idea of how much will be expected of them if they hire you, in advance of the actual appointment, and confirming that they can handle that amount, will go a long way towards overcoming the money objection once they are sitting in front of you.

4. IN YOUR PRESENTATION

The fourth way to deal with the money objection is to anticipate the objection and dispose of it in your presentation, before the client can raise it.

For example, explain how some clients sometimes tell you the fee is on the high side. Then tell them that once the client sees everything they get, they realize that in the end, they are actually saving money.

Bring up the subject of other attorneys who charge less than you do. Then explain why it makes sense to choose you instead.

Explain what it might cost the client if he chooses to delay. A client who might otherwise want to wait will now know why he should not.

Whatever objections you have heard in the past, deal with them before the client raises them.

Some clients will slip through the cracks. You will still occasionally hear the money objection. But by taking the above steps to deal with the objection in advance, you should find this to be the exception, not the rule.

Do you discuss fees on your website? If you want to know what to say, get this.

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The truth about duplicate content in blog posts and newsletter articles

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I used to worry about duplicate content in my posts. I didn’t want to repeat myself. I thought people would notice. “Wassup, you wrote about that six months ago. Out of ideas already? Wimp!”

Now I know that most people don’t notice and don’t care.

But even if they do notice, it doesn’t matter. What I write today will be different because I’m a different person today. I have different experiences to draw on. I’ll use different words and different examples.

You’re different, too. You’re not the same person you were six months ago. Your experiences give you a different context within which to receive my words. You will notice things you missed before. Ideas that weren’t important to you before will take on new significance.

My audience is different, too. Every day, new subscribers join my list and read my posts for the first time.

And good ideas bear repeating. I never stop reminding you to stay in touch with your clients. Even though you know you should do this, I’ll bet hearing it again helps.

So don’t worry about writing things you wrote before. It’s probably a good thing because you’re writing about something important.

No, Google won’t penalize you for duplicate content. Google’s Matt Cutts says, “I wouldn’t stress about this unless the content that you have duplicated is spammy or keyword stuffing.”

When you write as much as I do, you’re bound to re-visit old ideas. You can create new content by updating or expanding old posts, but if you wind up writing the same thing you wrote before, it’s okay. Somebody needs to hear it, or hear it again.

Need help with creating content for your blog or newsletter? Click here. 

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Attention lawyers who hate practicing law

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If you hate practicing law I have a question for you: If you were earning five times the income, would you hate it any less?

If the answer is yes, you’re lucky. All you need to do is increase your income. Keep reading. I’ve got something that can help.

If the answer is no, then you might need to get a new career. Before you decide to jump ship, however, let’s see if there’s anything we can do about the things you don’t like (and that includes “not enough income”).

I’m going to give you a simple exercise to do. I’ve done this exercise before and I can tell you that it really does help.

Grab a legal pad and write at the top of the page: “What I don’t like about practicing law” or “. . .about my practice”. Draw a line down the middle of the page.

On the left side of the page, write down everything that you don’t like about your practice. Write fast. Don’t worry about repeating yourself. Take as much time as you want and get it all out.

Done? Good. How did that feel? When I’ve done this before I’ve had mixed feelings. It feels good to give voice to my frustrations. Cathartic. Therapy on paper. But I also feel angry that I have allowed things I don’t like to continue for so long.

The point of this isn’t to make you feel bad or to dwell on the things you don’t want, however. It is to find solutions. So, on the right side of the page, next to each item that you don’t like, write down what you can do about it.

You don’t like the stress of litigation? What can you do about that? Don’t think too much, just write whatever comes to mind. If you can’t think of anything, perhaps you can ask someone who might know or you can do some research. Write that down. Or, just skip it and keep writing.

What can you do about your high overhead, inconsistent income, or ungrateful and overly demanding clients? Write down what you can do even if it’s radical, strange, or not something you want to do. If it’s something you CAN do, write it down.

There will be things on your list that you can’t do anything about it. You can’t change people, for example, only yourself. Don’t worry about what you can’t do or can’t change.

Write down as many “can do’s” as possible. When you’re done, go through the list again and see if there’s anything you can add.

You don’t have to tolerate things you don’t like. You can fix them, delegate them, or get rid of them. You can find ways to make things better.

A “can do” list is very empowering. It gives you a list of tasks and projects you can begin to work on. It gives you a checklist of ways to make your practice better, more profitable, more fulfilling. Even if you choose not to do some of the things on your can do list, you’ll feel better knowing that you have that power.

Look at your list of can do’s. Before you had problems and frustrations. Now, you have a list of things you can do. Imagine how good you’ll feel getting those things done!

What’s next? Transfer your list of “can do’s” to your task management system and hide your original list. No sense looking at what makes you frustrated (the left side of the list). It’s time to focus on taking action to eliminate problems and improve results.

A few months from now, when things are better, take a peek at your original list to see how far you’ve come. Smile. Then, start another list.

Need more income? Want to know what you “can do”? Study this and this.

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The art of the handshake: how not to be creepy

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“The probing handshake is where the other person probes you with their index finger pressed against the inside of your wrist.” Sounds creepy and, according to this article on “The Art of the Handshake,” it’s not something you ever want to do (or have done to you).

We’ve all been the victim of bad handshakes. My favorite is when the other person doesn’t look you in eye. Ladies, I’m sure you know what I mean.

I wrote before about Bill Clinton’s hand shake. I said, “He doesn’t just clasp your right hand in his, he also touches your arm with his left hand. During the conversation, as he makes a point, he might reach out again to touch your arm or put his hand on your shoulder.” This is the right way to do it, according to the author, who says we should never use the more familiar, “Politician’s Handshake”:

“That is where you use two hands to cover or cup the other person’s hands. No one likes it, it is too personal, and you have to earn the right to do it. Politicians do it thinking you will like them more – you won’t. If you feel you need to touch more, shake the hand normally and with the other touch the forearm.”

Apparently, Hillary doesn’t have Bill’s touch. The author quotes an executive who said, “I shook hands with Hilary Clinton: two-handed and clammy.”

I used to have an office administrator who had an incredibly limp handshake. I couldn’t stand it. It was like shaking hands with a corpse. Actually, no. A corpse would be stiff. Of course being the he-man that I am, I had to squeeze his hand to show him how it should be done. Apparently, I was an ignorant and ill-mannered boob:

“If you are meeting with a person who gives a very weak handshake, perhaps that is their custom. Don’t grimace and don’t make a face, match their handshake with equal pressure and give thanks you have an opportunity to demonstrate that you have social intelligence and good manners.”

It could have been worse. When Bill Gates was introduced to the president of South Korea on a recent trip, he kept his left hand in his pocket. That’s rude in any country, but especially so in South Korea. But hey, at least he didn’t stare at her chest.

Need a marketing plan? Get this.

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