Direct mail to lawyers, seeking referrals. Good or bad idea?

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I received a letter from a probate lawyer who is seeking referrals from large PI/Med Mal firms who need guidance in wrongful death and minors’ compromise cases. He and his partners had compiled a list of law firms and written a letter they intended to “mass mail”. The letter introduced the probate firm, described their capabilities, and requested referrals. He asked for my opinion of this strategy and letter.

I liked the idea of targeting specific kinds of cases from specific firms, (assuming they had reason to believe those firms didn’t have in-house capability to handle those matters), but I didn’t think their plan to mass mail letters would be effective.

One-shot mailings like this are unlikely to generate any business. About the only chance you have is to reach someone at precisely the time when he or she has a case they need help with and they don’t have anyone else to refer it to. While that could happen, it makes more sense to begin to build relationships with lawyers (anyone) who DON’T need your services at the moment and do what you can to be the one they think of when they do.

Marketing, especially referral marketing, is a process, not an event.

Here are some of my additional comments and suggestions:

** If you’re going to contact a cold list, you need to do something to get a response so that you can continue to stay in touch with them and win their trust, over time. I’d recommend offering to send a “Free Report” that educates them on the issues they need to be aware of so that (a) they can do a better job for their clients and (b) be better able to avoid malpractice. This will be a benefit to them and position you as an expert. You can also offer a free phone review of their case. If the list is short enough, you could SEND the report and make a second offer to get them to respond (so you can stay in touch). The second offer could be a second report, a checklist, a form, or anything else.

** I’d suggest that you find people you already KNOW who can refer you to the people on your list, OR to people who may know them, OR to people who may know people who know them. Then, you can contact these lawyers with the name of a mutual contact. Much more effective.

** I’d also consider working towards having a colleague (in this case., another med mal lawyer) write (sign off on) a letter in which they endorse your services to their fellow practitioners. They’ve used you, they recommend you, they trust you, etc. This is the strongest kind of letter you can send.

** Letters do a have a place, but, I’d prefer to see you call. You want to build relationships with these potential referral sources, and to do that, you need to talk to them.

Find a reason, and call. The reason could be because you want to interview them for an article, you’re doing a survey for your newsletter or blog, to invite them to your free seminar, to offer them a copy of your new report or a subscription to your newsletter. It could even be to simply introduce yourself and find out more about what they do.

You’ll hit it off with some of them and follow up with coffee or lunch. You only need a few good ones to start, then you can leverage those relationships to gain introductions and endorsements to others.

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What is the key to success?

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Bill Cosby is purported to have said, ""I don’t know the key to success, but the key to failure is trying to please everybody." Have you found that to be true? I have. I’ll give you a recent example.

I just launched a new website, PassiveIncomeForLawyers.com. Passive income is a hot topic and in a very short period of time, the site got a large number of visits and subscribers. Several attorneys have already joined me in the program. I’ve heard from many others who have said nice things about the program itself and about the way it is presented. The feedback has been very positive. Of course you usually don’t hear from people who don’t like something. They usually just quietly go away. But I did get the following email from one attorney:

"Please take me off of your miserable site. At first I thought you were legitimated, now we are getting the mass marketing crap. Passive income my ass! You wouldn’t know passive income if it hit you in the face. And what’s with the long winded motley fool type advertising site. Un professional. Get lost."

I didn’t reply, I simply removed him from the subscription list, and deleted his email. But then I got to thinking about what could be learned from his response and I retrieved the email. After all, this is not just anybody; according to his email signature, this individual is a partner in a firm of at least five lawyers. I presume he is influential. He may or may not be interested in something I offer, but I’d like to think he would reject the offer, not the person (me). But not only is he not a fan, he was so angry, he took the time to embarrass himself with this email.

From a marketing perspective, what should I do? He was turned off (to say the least) by the sales-y copy on my web page, although I have to wonder why he filled out the form to subscribe if he was so offended. Should I assume that others would be, too, and change it? Should I try to please the ones who don’t like what he calls "long winded motley fool type advertising," even though most people find it acceptable and the site is successful? The Motley Fool folks seem to be doing okay.

But if I create something that is less of what he does not like and it dramatically reduces the number of subscribers, I haven’t done myself any good, have I? So no, I shouldn’t try to please everyone. That truly is a formula for failure, and it’s an important marketing lesson.

Marketing is about metrics. You do something, measure the results, and compare those results to something else. It’s called testing, and it’s crucial to the success and profitability of any marketing campaign. So, I will create other versions of the web page and compare the results to the ones produced by the current one. Whichever version produces the highest percentage of conversions (subscribers) will become the "control," against which I will continue to test, seeking to best that control. But one does this to improve results, not in an effort to please anyone, let alone everyone.

You can’t please everyone anyway, and you’ll only hurt yourself if you try. So, as you design your marketing messages, intelligently consider the ethical standards of your bar association and your own sense of propriety, and perhaps the concerns of your spouse or partners, but beyond that, do what works best, and what works best is what brings in the most results.

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How would you advise this lawyer?

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An attorney who is struggling to build his practice asked for my help. Here’s a snapshot of what he told me:

  • He is also a CPA and former IRS agent.
  • He works three days a week as the controller for a major corporation, two days a week in his own practice.
  • He prepares 75 tax returns per year, and plans to advertise around tax time to get more (but has had limited success advertising in the past).
  • He has several PI and contract litigation cases.
  • He does unlawful detainer appearances for a paralegal firm.
  • He has tried direct mail (unsuccessfully) to build a bankruptcy practice.

Okay, now what would you tell him if he asked you for help? Would you tell him he’s spreading himself too thin and that he should choose one or two things and concentrate on those?

Of course. That’s exactly what I told him.

How can you possibly expect to have great success in anything when you do so many different things? Especially when you work at it only two days per week and compete with attorneys who do the same things full time?

I told him to first decide where he would like to be in five years, and then to look at what kind of work he enjoys. You can be successful doing just about anything so why not make it something you like? The chances are that what he enjoys and what he’s good at are the same thing, and that’s probably what he should do.

After speaking with him, my guess is that if he’s honest with himself, he would choose preparing tax returns. Now, I can think of three very good reasons why this is not the best choice:

1. Massive competition
2. Seasonality
3. He’s overqualified

But if that’s what he enjoys, that’s probably what he should do. His passion will help him overcome the challenges. He’ll develop a reputation for being the best at what he does and neutralize his competition. He’ll do corporate returns throughout the rest of the year, or build his practice so big that he doesn’t need to work the rest of the year.

If he’s happy and rich, does it really matter what his qualifications are?

There’s another point: why couldn’t he figure this out for himself? The answer is he could have, but when you are so caught up in making a living, sometimes you can’t think straight. It’s work, work, work, and there’s no time for reflection or planning. The wheel keep spinning and you can’t get off.

There’s an expression that comes to mind that applies not only in this situation but for all of us sometimes:

"Slow down to speed up."

What that means is we all need to periodically stop what we’re doing long enough to evaluate where we are and where we want to go. Will doing what we’re doing get us there? Is there a better plan?

Notice that you slow down "to" speed up. That means something. It means that if we’re not going in the right direction, if we have too much on our plate, our subconscious mind knows it and holds us back. Slowing down to re-evaluate allows us to get clear on what we’re doing, and it is that clarity that allows us to move more quickly towards what we really want.

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My newsletter mailing list has 2,000 names. Should I cut it?

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Q: My mailing list has 2,000 names on it and it’s getting costly to mail. What can I do reduce my mailing expenses? Should I cut down the size of the list?

A: Ultimately, you have to determine whether your mailings are producing a profit and the only way to know this is to rigorously track response. If you aren’t at least breaking even, you should make some changes.

You can reduce mailing costs by:

  • Cutting older names
  • Mailing to everyone and ask them to tell you if they want to stay on your list. (Make it easy for them to respond, however, with a postage paid response device, for example, because people are busy and may forget to respond even when they want to remain on your list).
  • Reducing the frequency of your mailings
  • Reducing the weight (which saves on printing/postage)
  • Using bulk rate postage and professional letter shops

But marketing professional services is a process not an event and tracking results can be elusive. How do you know that someone who has been on your list for three years but never hired you won’t become your client (or refer your next client) next month?

The answer is you don’t know. Therefore, I would err on the side of keeping people on your list. But I would segment the list and create different mailing categories.

Your best clients or referral sources, for example, should hear from you more often; monthly is not too often. People who have never hired you or referred to you, however, might hear from you only once or twice a year.

Your BEST source of NEW business will always be people who have hired you or referred to you in the past. Spend more on  them.

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How to get a competitive advantage over other lawyers

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A great way to stand out in a crowded field is to do something nobody else is doing. Nobody sends postal mail any more and that’s exactly why you should.

Everyone is moving online. Yes, you must have a presence online. In fact, that’s where you should concentrate most of your marketing muscle. But there are great fortunes to be had by those who use old fashioned paper and envelopes and stamps to communicate with clients and prospects and referral sources.

The volume of direct mail is way down. What that means is that your prospect’s mail box is emptier than a few years ago. As a result, when your client gets your newsletter in their mailbox, it won’t get lost in the clutter. Compare that to their email inbox, where they are inundated.

Your printed and mailed message means much more to them, too. They can hold it, they can sit in their favorite chair and listen to your words spoken from the page, or throw it in a briefcase to read on the train. Yes, they can do all that by printing your email or pdf, but it’s not the same. It lacks some of the warmth and personality of something actually delivered to their mailbox.

Just as there’s a big difference between an email that says "thanks" and a hand-written, personal thank you note sent by mail, you can get the essence of that difference with a printed newsletter or other message.

Also consider the retention factor. If you write a good newsletter or report and get it into the hands of clients and prospects, they’ll be more likely to hold onto it if they don’t have time to read it now. And, if they do read it now and it is good information, they’ll be more likely to hold onto it for future reference. By contrast, I’ve got emails I’ve saved in my inbox for years, but I’ll never find them.

What about "pass along"? Well, it’s easy for them to forward your email message to a large number of people, but what will those people do with the message? Probably not read it and probably not hold onto it, either.

There is a greater cost to putting things in the mail, and more labor, too. But the question isn’t the net cost of one medium of communication versus another, it’s net effectiveness. Return on investment.

Don’t stop sending email, but do consider starting (or re-starting if you have let lapse) a postal mail campaign to keep your name and message in front of the most important people in your business life. You’ve often heard me say, "They may not be able to hire or refer today, so stay in their minds and in their mailboxes until they do." Today, they have more than one mailbox and you should be in both.

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Do you know what “passive income” is?

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A friend of mine by the name of Brian used to be a real estate agent. He told me a story about a very successful business mentor of his who once asked him if he knew what “passive income” was. Brian said he did. “Well, do you have any?” he asked. When Brian said he did not, the mentor said, “Then I don’t think you know what it is, because if you did, you would crash through walls to get some.”

He went on to explain it this way:

“When you sell a house, you get paid a commission, right? And then you move onto the next deal. If you don’t sell a house, you don’t get paid. You’re only as good as your last deal. Now, what would you rather have, $5,000 when you sell a house or $50 every time someone opened or closed a door? That’s passive income.”

I once explained passive income to a lawyer this way: “Think about what you currently earn in your practice and imagine that you were paid that amount but you didn’t have to show up for work.”

What would it mean to you if you had enough passive income coming in so that you never had to work again? If you had money AND the time to enjoy it?

If there was a way to accomplish that, would you want to know about it?

(Keep reading. . .)

Very few people have passive income. Athletes, entertainers, artists, writers, are usually cited as examples. Some attorneys achieve passive income by taking a percentage of their client’s business venture or intellectual property. But most attorneys (and I was no exception when I was practicing) earn linear income.

Linear income means there is a direct correlation between your personal services and your compensation. It doesn’t matter whether you bill hourly, flat rate, or contingency, what you get still depends (mostly) on what you do.

When you have employees, you have leverage, and that provides a semblance of passive income. Someone else does the work, you bill the client at a higher rate, and you profit from the difference. But it’s not true passive income because you still have to supervise those employees and you are responsible for the work they do.

If your firm is big enough that you don’t have to do that, if you can stay home and the practice runs without you, then you have true passive income. But then you probably wouldn’t be reading this.

What if there was another way to generate passive income? What if, in the next few years, you could create a six-figure passive income and it didn’t interfere with your current practice or job?

And what if I told you that a lot of attorneys have already done it?

Including me.

It’s true. In just a few years, working part time, I created a six-figure passive income that continues to pay me today. The money comes in month after month, year after year, and I don’t have to work for it.

Now you know I’m telling you this for a reason. I won’t keep you in suspense any longer. I’ve just launched a new web site that will tell you exactly what I did to create this passive income, and, more importantly, how you can do it too.

Here’s the site: https://attorneymarketing.com/legal-plans

Take a look and let me know what you like best.

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Should you buy a “canned” newsletter?

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If you write a newsletter or a blog (and you should) you need content. But it takes time to write something worth reading and attorneys have precious little time to spare. There are services now that sell articles you can use, copyright free. You pay your money and you can print them under your name.

It’s a new twist on an old idea.

Canned newsletter for professionals have been around for years. My state bar sells pamphlets lawyers can send to their clients with their name stamped on the back. Of course you can hire a ghost writer, or assign someone in your office to write material for you. There are plenty of ways to get content that you don’t originate. The question is, should you?

In my opinion, you should not. Canned materials are never a good substitute for creating your own newsletter, articles and reports. They are better than nothing, but not much.

One reason is that far fewer people will read it. These articles and newsletters are very general and very bland. And a lot of people will know you didn’t write them. I toss my insurance agents newsletter in the trash, unopened, because I know it comes from a staff writer in New York and has little value to me. There is nothing personal or interesting in it. My dentist writes a personal newsletter, but it is terribly boring. I open and glance at it, in case there might be something that pertains to me in it (e.g., a change in his office personnel or procedure) but I don’t read it.

(Here’s a clue that it’s canned: there are no stories in them. Facts tell, but stories sell, and if what you write doesn’t have stories in them, either, you’re missing the boat.)

Now, there is some value in your clients getting something from you with your name on it, even if they don’t open the envelope or email. They are at least reminded that you still exist. But you’re missing the opportunity to build a relationship with them, and that’s costing you more than you can imagine.

The purpose of newsletters and reports and blogs is to (a) stay in touch, reminding people that you still exist, (b) demonstrate your expertise, your ability to deliver the benefits they seek, and (c) create a dialog with the reader that supports your relationship with them. With canned material, you can only stay in touch, and poorly, at best.

You want people to read your words, and "hear" your voice. You want them to believe you are writing just to them. You want them to read and appreciate your special news or offer. And you want them to see that you care enough about them to take a couple of hours once or twice a month to write something "just for them".

The time you invest in this process will not only be "worth it," it is the single most profitable thing you could do to build your practice.

Seriously. The people who know, like, and trust you will hire you again and again and they will efer people to you, too. There is no cost to acquire these clients, other than printing/mailing costs if you do that (and you should) and your time.

Now, don’t panic. Once you get the hand of it, it doesn’t take as long as you think.

Start by producing some "evergreen" materials, reports, for example, that once written, you can use over and over again for years to come. You have expertise in your field and you can write a report in two hours. Here’s your assignment for your first one: Take the five or ten questions you are asked the most by prospective or new clients, and answer them. There, you have a report.

A newsletter or blog require continual replenishment of material, but this is worth it, too. You don’t need as much as you think. A monthly newsletter could be two pages. A postcard, if that’s all you can do. Far more important than quantity is that they hear from a real person, sharing a story, a thought, a piece of your mind.

For a blog, three to five paragraphs, one to three times a week can be enough. What’s important is that it be your voice, your opinion, a glimpse into your world. Your clients and prospects (and referral sources) need to feel they are a part of your life and you a part of theirs. You want them to "know, like, and trust" you, and to do that, your material needs to be your own.

I’ve told attorneys in the past to order the canned newsletter or articles if they feel they must, but to make them their own. "Rewrite them, add your commentary, offer examples and advice that are specific to your practice. What do you agree with? Disagree with? What else does the reader need to know?"

Today you can pretty much do that without paying a service. Just go online, find something someone else has written, and use it as an outline or idea starter for your own material.

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How to un-overwhelm yourself

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Change is good. In fact, if you’re not changing, you’re not growing and if you’re not growing, guess what? You’re dead. Or dying.





work expands so as to fill the time available for its completion




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Free web site builder–get online in minutes

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If you don’t have a web site, but want one, you now get a free and very easy to use web site builder at www.weebly.com. Even if you do have a web site, you may want to use this site to create additional web sites. Here are some ideas for secondary sites:

  • A "personal" web site, where prospects and professional contacts can get to know you
  • Web sites for testing different Adwords or other advertising campaigns
  • Niche web sites, with information on narrowly targeted subject matters
  • One page "sales" web sites
  • Content-rich web sites, to draw search engine traffic and point it at your main web site
  • Experiment with a blog (or a second blog) before you go live on your main site
  • A portal web site, with links to your other sites
  • Hobby, personal interest sites

Check out this site I created recently: http://LawRich.com. What do you think? Yes, it’s simple, but it took me no time at all.

Weebly provides

  • Free web sites with no advertising
  • Free hosting
  • Easy as pie web site builder and designer
  • A free Blog
  • Great templates you can use to be online today!
  • Meta tags & the ability to track stats

Clients hire (and referral sources refer to) people they know, like and trust. Go put up a web site so folks can get to know you. Send me the link and, if you want, I’ll post it at AttorneyMarketing.com. You might get some attorneys you can network with, and you will certainly have some fun.

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How to choose a good domain name

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I’m not an expert on this, but choosing a domain name for your web site is a deceptively important subject and I’ll share some of my thoughts with you:

  • Shorter is better, but longer names aren’t strictly off limits. HowToIncorporateInKansas.com (not a real domain) is long, but not hard to remember.
  • Use your name, if it’s available. It’s often easier to remember a person’s name than a descriptive name.
  • Also use a descriptive name for marketing purposes. If you’re looking for an estate planning attorney in San Antonio, you might click on SanAntonioEstatePlanning.com whereas you probably wouldn’t click on JohnJones.com without some descriptive text next to it. You can use both URLs; point one name at the other.
  • Do whatever you can to get the.com version. If it’s not available, try another name. Use your initial, put the word “law” in it, or your state or city. For competitive purposes, you might also want to buy the other common variations (net, org, biz, info).
  • Avoid hyphens, abbreviations (your city or state might be okay), and numbers (i.e., “4” for “for”).
  • Choose a name that people can remember and spell. You will be giving out the name on the telephone, from the podium, etc.
  • If your web site is hosted at http://yourname.typepad.com, get your own domain and point it. Better yet, get your own hosting.
  • If you intend to advertise (offline, Adwords, etc.) you will want lots of descriptive domain names. You can set up separate lead capture pages, or point each name at different pages on your main web site. Get names for each practice area, each target market, at least.
  • Use key words in your domain names.
  • If people commonly misspell those words, consider buying the common misspellings, too.

You can buy domain names for under $10/year. I buy mine at http://homepagedomains.com

For more on what makes a good (and bad) domain name, and a lot of fun, check out http://goodurlbadurl.com/

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