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

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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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Stupidity is contagious

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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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Three goals for your next presentation

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

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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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How to answer the phone in your law office

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If you want to be more productive and deliver a higher level of service (aka “earn more income”), every element of your law office operations should be planned in advance. Put it in a checklist, template, form, or script, so that everyone knows what to do, they do it right, and they do it that way every single time.

A good place to start is how you want the phone to be answered. Here’s how:

  1. Greeting (“Good Morning,” etc.)
  2. Lawyer/Firm Name (“Mr. Jones’ office,” “Jones & Michaels”)
  3. Name (“This is Sally speaking,”)
  4. “How may I help you?” (or, “How may I direct your call?”)

This lets the caller know they have reached the right place and that you are organized, professional, friendly, and ready to help. Ending with a question (“How may I help you?”) gets the caller focused on stating his or her business.

You should also have a standing instruction that no caller should be put on hold for more than 29 seconds. 30 seconds is too long. The receptionist should come back on the line, tell the caller why they are still on hold, and ask if they would like to continue to hold or be put through to voicemail (or take a message).

This is far more important than you might imagine. Clients, prospects, opposing counsel, and everyone else, judge you on these things.

Do yourself a favor, call your office right now and listen to how the phone is answered. If it’s not exactly the way you want it, write down what you want and make sure everyone who answers the phones has a copy and practices it.

Including you.

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Get more client referrals by giving away a $6 t-shirt

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I had a client once who liked me so much she showed up at my office one day with a gift. It was a t-shirt she had made up that said, “My Attorney is David M. Ward” printed in big letters on the front. She had one made for me and one for herself.

Imagine your happy clients going shopping or taking the kids to soccer or ballet, wearing a shirt with your name on it. Do you think this might start some conversations? Can you see how you might get some referrals?

You can buy imprinted t-shirts in quantity for a few dollars a piece. You can be “professional” and print your name, a slogan or practice area, and your web site in the breast pocket area. Or you can do something whimsical like my client, with big, block letters “bill board” style. Or something in between.

Give away the t-shirts to all your clients. Prospects, too. Give them extras for their spouse and kids.

You would be surprised how many people will wear them, even if only to run errands or go to the gym. They’ll advertise your firm and get people asking about you. New clients can’t be far behind.

The Attorney Marketing Formula shows you how to earn more than you ever thought possible. To learn more, click here! 

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How to clean up your messy desk or messy mind

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I was reading an article, “10 Simple Steps to Conquering Your Messy Desk,” and there are some good tips in it. Things like, “Use your walls” (cork board or white board), “Lose the paper trail” (scan paper documents and trash the original), and “Schedule daily maintenance” (10 minutes at the end of the day to tidy up).

My favorite is,”Files are your friend: If it’s a completed or upcoming project, file it away. . .If it’s ancient or obsolete, trash it. If it’s something you’re actively working on that day, it can stay in a file folder on top of your desk.”

It occurred to me that our desks get messy the same way our minds get messy–we’re trying to keep track of too many things.

I’ve written before about why people have messy desks:

Un-piling your desk isn’t difficult. I think the hard part for some people is the notion that if they file something away, they won’t remember a task they need to do or they won’t remember where they filed something they need. Ironically, that’s exactly what their mess of a desk does.

The solution is to have a system that (a) allows you to remember what you need to do, and (b) lets you quickly find what you have filed when you need it.”

The path to a clean desk (or digital desktop) and a “mind like water” is to put everything away, out of sight and out of mind, and trust your system. Focus on the one thing you have decided to do next, and nothing else:

  • Take out the one thing you have decided to work on, and nothing else.
  • Work on this task until it is done, if possible, or as far as you can go if it is not.
  • If the task is done, cross it off your list. If a project is complete, file it away in an archive.
  • If the task or project is not done, put the documents away and make a note regarding the next step. Put a reminder on your calendar or in your tickler system or keep it on your list and review that list during your weekly review or daily planning session.
  • Take out the next thing you’re going to work on.
  • And so on.

Do you have some tips for conquering a messy desk or messy mind? Please post them in the comments.

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The most important question you can ask a new client

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How many new clients did you get last month?

If you don’t know the number, either you didn’t get any new clients or you’re not keeping track.

You need to keep track.

You also need to keep track of where they came from. Who referred them? Which keyword did they use to find your website? Which ad did they click on?

You need to know how every new client made his or her way to your doorstep. That’s why the most important question you can ask a new client is: “How did you hear about us?”

You need to know so you know what’s working. Are your ads pulling or are you throwing your money away? Which ad is working better? Are you getting clients through your efforts on social media or are you wasting your time? Which social media platform is working better? Which posts?

John Wanamaker, who owned department stores in the early part of the twentieth century and spent a fortune on advertising, once said, “Half the money I spend on advertising is wasted; the trouble is I don’t know which half.”

Department stores do “brand advertising”. They don’t usually track response. Although they can do focus groups and track coupons, they don’t know with any degree of accuracy if what they are doing is working. You won’t have that problem if you ask, “How did you hear about us?”

Don’t just ask new clients, however, ask everyone. If they call your office, if they contact you through email, if they show up at your door, ask them.

In my office, our new client intake form had a space to record the name of the person who referred the new client. We kept track, so we knew who to thank. It also allowed us to bring up the subject of referrals with the new client.

We had a form next to the phone to record the name of the referring person or the phone book or other ad that prompted them to call. We tracked them after the call, to see if they became a client. In this way, we learned which of our ads generated new business and which ones didn’t. (Some brought a lot of calls but not a lot of clients.)

Today, there are other options for measuring response to ads and traffic to our web sites. But nothing beats asking, “How did you hear about us?”

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