Every lawyer needs one of these

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I’ve had a lot of legal secretaries and assistants over the years. Some were good at their job, some were very good, and some were worth their weight in gold.

The most valuable assistants were the ones with the guts to tell me what I needed to hear when I wasn’t ready to hear it.

The ones who pushed me to do something I didn’t want to do (but needed to). The ones who didn’t put up with my stubborn ways or my “because I’m the boss” attitude. The ones who respected me but weren’t afraid of me.

They helped me see what I couldn’t see and do what I didn’t want to do. They helped me grow as a person and a professional.

If you have people like that in your life, be grateful. And listen to them. They won’t always be right, but they will be right more often than they are wrong.

I heard from an attorney who is fortunate to have an assistant like that in her life, and fortunate that she listened to her.

The subject: increasing her fees, which I wrote about recently.

She wrote:

This blog really resonated with me.  I got busier during the pandemic than I had ever been before, so my assistant convinced me to raise my fees by way more than I was comfortable with.  I raised my immigration consultation fee by 15%, the flat fee for my most popular service by 33%, and my hourly rate by 40%.  I’m still just as busy as ever and my assistant is going to get a big bonus this year. 🙂

Why do we often refuse to do things we know we should do, even things we want to do?

Fear. What if we’re wrong, What if we mess up, What if there are unforeseen consequences?

We’re smart but we’re human.

So why do we then listen to someone else when they tell us to do that very thing?

Because, through them, we hear the voice of our inner wisdom speaking truth. Because the voice we hear is our own voice, giving ourselves permission to do what we want to do.

Make sure you have someone in your life who cares about you enough to tell you what you need to hear.

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Give ’em the pickle

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Your client asks you for something extra. It’s small but you would be justified billing for it.

Don’t do it. If at all possible, give it to them, no charge. Because you are in a service business and that means keeping your clients happy.

At least that’s what Bob Farrell, founder of Farrell’s Restaurant and Ice Cream Parlor, would tell you.

“Give ’em the pickle,” Bob would say.

The other day, I watched a video about Farrell’s, which I remember from my youth. They had a big menu and a huge selection of outlandish ice cream dishes, all served up with a big dose of fun.

The video told the story about a regular customer who always asked for and got an extra pickle with his hamburger. One day, he asked a new waitress for an extra pickle but she insisted on charging him for it. He left the restaurant and wrote a letter to Bob Farrell, complaining and vowing never to return.

Farrell wrote back, apologized, offered the customer a coupon and encouraged him to return, which he did.

Farrell began training his employees and corporate staff on the importance of going the extra mile to take care of customers. His “Give ’em the pickle” policy and training was a big success for Farrell’s and many other companies that adopted it.

It’s the little things we do for clients that make a difference. The little things are often the reason clients return to you with their next legal matter, and the reason they tell their friends about you.

So, when they ask for something extra, look for ways to give it to them. The cost to you is negligible compared to the lifetime value of the client (and his referrals).

But don’t wait to be asked. Client’s appreciate the extra touches–your handwritten thank you note, personally greeting them in your reception area, or calling to see how they feel after their latest medical procedure.

Whether or not a client asks for something extra, look for ways to give ’em the pickle.

Treating client’s right is the key to repeat business and referrals

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No, I don’t want more clients

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Last week, I pontificated about the value of limiting the number of clients an attorney takes on to 10, because it allows them to earn more and work less.

I also said most attorneys won’t do it.

Some attorneys do, however. Appellate attorney Steve Emmert is one of them.

In response to my email, Steve wrote:

(Heh, heh!) I currently have fewer than ten files open. Most of them have seven-digit deltas, of course, so I can still make a living. But you’re absolutely right about this.

This week I took a call from an ad guy at SuperLawyers, in which I’ve been listed for several years, though I’ve never advertised with them. He asked if I’d like to have an extra three or four clients a month. I’m probably the only guy who’s ever told him, “No” in response to that question. I told him that I start getting nervous when I have more than about 12 files open, and three or four more a month would drown me. He really didn’t know what to say.

Who wouldn’t like to be able to tell a sales rep they don’t want any more business?

Steve also shared a story that illustrates the same idea in a different way:

Years ago I attended a brilliant presentation by a guy named Mark Powers, of the legal-consulting firm Atticus. He described his trip to a big firm for an in-house presentation. As soon as the introductions were complete, Powers said, “Now, the first thing I want each of you to do is double your hourly rates.” The ensuing uproar subsided just long enough for one of the partners to stammer, “But, but if we do that, we’ll lose half our clients!”

“Exactly!” a triumphant Powers replied with a smile. He explained to them that if they got the same amount of money for doing half the work, they’d have a better quality of life.

Point, set and match.

I’ve had discussions about raising fees with many attorneys over the years. When I do, I can almost always hear the wheels turning in their head as they wrestle with idea. Sadly, their desire usually loses out to their fear.

Not my friend Steve, however, who figured this out on his own.

I know this because I interviewed him and published a book based on that interview. In it, he shares the secrets to his success, or, as he might describe them, the methods to his madness.

How to Build a Successful Appellate Practice contains valuable practice-building and career-building advice for attorneys in any practice area.

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What if you could only have 10 clients?

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What would happen if you allowed yourself to have no more than 10 clients or 10 active cases at a time? Everyone else gets referred out or turned away. Or told they have to wait until you have an opening.

Because you only take 10 clients at a time.

I’ll tell you what would happen.

You would have more time to serve your clients, which would help you attract better clients and bigger cases. You would be able to charge more, have lower overhead, spend less time on admin and marketing, have more focus, less stress, and enjoy what you do.

In short, you’d earn more and work less.

That’s the theory, anyway. Is this practical? For most attorneys, no. Not without making a lot of changes they aren’t willing to make. So I’m not recommending this way of doing business to all attorneys.

I am recommending that all attorneys think about it, however, because this is the kind of thinking that can lead to some great ideas.

Ideas that can help you earn more and work less.

So. . .

What would you change about your practice if you adopted this rule? Which clients would you eliminate to make room for your 10?

What types of cases would you turn down? What would you change about your fees and retainers and billing? What expenses would you be able to eliminate or reduce?

What would you change about your work process? How would you make things easier, quicker, or more effective?

Let your mind run with this idea. Imagine what your practice (and personal life) would be like if you fully embraced the “no more than 10” rule.

You might get some ideas you can use immediately, or start working towards. Or gain valuable insights about what you’re doing well and what you need to improve.

After this exercise, you probably won’t go “all in” on the “no more than 10” rule. But you might.

Would you like to build a “100% referral” practice? Here’s how

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The need for speed

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I’m a simple man with simple needs. I don’t need a powerful computer because I don’t edit videos or images, work with complicated databases, or play games. I work with text and use a handful of simple apps to manage my work. 

I could do that on just about any piece of silicon, and as long as the gear I’ve got is still working, I usually wait until it dies before I replace it.  

The thing is, we don’t know what we don’t know and I didn’t know I was long overdue to replace my laptop, which I finally did after Calvin (yes, named after Calvin and Hobbes) recently bit the dust. 

Today, I’m a new man with a new computer. 

A fast processor, a fast SSD, and a new perspective on the value of upgrading even when you don’t think you need to.

I knew Calvin had slowed with age (he was 7 at time of his passing), but I didn’t realize how bad off he was. I blamed Evernote when I should have blamed Calvin. 

Now, Evernote flies. It launches in seconds, notes open as soon as I click them, and everything works the way it’s supposed to. 

All my apps work that way. I don’t have to wait for anything to launch, pages to load, or functions to engage. 

Who knew?

And, what else don’t I know?

Whether it’s computers, workflows, or the people in our lives, we get used to them and often can’t see their flaws. We don’t realize how much we might improve our situation if we change them. 

We need to train ourselves to periodically stand down from our daily routines and take inventory. Examine where we are and what we’re doing and see how we can improve.

What we’re doing might be working but something else might work better. 

Or faster. 

So that’s my story. I’m a new man with a new computer and I like the new me. 

There’s just one problem. I haven’t decided what to name my new baby. Hey, how about Barry? You know, Barry Allen, aka “The Flash”?

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The problem with keeping a journal–and a surprisingly simple solution

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Many of us who have kept a journal in the past, or are trying to do that now, face the challenge of keeping it up.

We get caught up in our day’s activities and don’t seem to find the time to do it. At the end of the day, we’re tired or have forgotten what we wanted to say. We miss a day and then another and soon, we’re not doing it anymore.

Which is a shame because a journal is a powerful tool for improving productivity, creativity, mindfulness, and more.

A journal can help us:

  • memorialize our days accomplishments
  • gain clarity about our goals and the path to achieving them
  • record ideas
  • improve our writing skills
  • prioritize our day
  • plan the future
  • make better decisions
  • track how we spend our time
  • track our daily state of mind
  • track our habits
  • record inspiring thoughts and ideas
  • and so much more

The solution? Instead of scheduling time to write in your journal, write in between your other tasks. It’s called “interstitial journaling” and for me, it’s just what the doctor ordered.

As you go about your day and think of something you need to do or want to remember, or you want to reflect on something you did well or something you want to improve, take a minute to write it down–in the moment.

No need to wait until it’s time for journaling.

Nor do you have to write it in an actual journal. Write it down in whatever you have available to you–your notes app, your task app, your legal pad, or your calendar.

Capture the thought or idea and get back to what you were doing. Do this throughout the day and at the end of the day, your journaling is done.

You might be recording notes about a file your working on when you have an idea about your upcoming presentation. Record that idea alongside your other notes.

No need to switch apps if you won’t want to, or wait until you’re working on the presentation.

Won’t those ideas get lost or buried under your other notes?

Not if you do this digitally and tag your thoughts or tasks or ideas. When you want to review your journal notes, click the tag or link to call them up. You can then transfer your journal notes to other apps if you want to, or keep them where they are.

When you get in the habit of journaling this way, you’ll find yourself doing more journaling than you ever thought possible. I write “journal” notes every day now, something I’ve never done before.

I don’t schedule time to write in a journal. I spend a few seconds, a minute or two, throughout the day writing a few lines here and there, between tasks or appointments or calls, or whenever I take a break. I write what I thought, how I felt, what I did and what else I want to do.

Not only has this made me more productive, it’s also liberating to be able to empty my head any time it fills up.

Keeping a journal this way is simple because your journal isn’t a special notebook, you don’t have to allocate time to write in it, and you don’t have to worry about having anything to say.

Write in between the cracks of life and you might be surprised at how much you have to say, and how easy it is to record it.

Do you keep a journal? Have your tried interstitial journaling?

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More is better, unless it isn’t

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The more books you read, the more likely you are to find the information you seek. The more people you know, the more likely you are to develop valuable relationships. The more marketing strategies you try, the more likely you are to find the one that works best for you.

All true. Unless they aren’t.

Because there’s a lot that can get in the way.

Reading a lot of books is a waste of time if they’re not the right books. The more people you engage with, the more opportunities there are for arguments and bad decisions. The more marketing strategies you use, the more opportunities there are to become distracted or spend time or money best spent on something else.

So, it depends.

Successful people get a lot done because they don’t try to do everything.

They reject most projects. Avoid most tasks. Take on fewer commitments.

Fewer projects started means less time spent on research, less money spent on failed ventures, and fewer projects abandoned. Fewer unfinished projects leads to more clarity and better results.

Fewer books read means fewer hours wasted reading things you already know or don’t need, and fewer opportunities to follow bad advice.

Fewer marketing strategies means less time spent learning and doing and supervising, and less time wasted trying to improve things that provide too little return.

The lesson?

Be selective, not exhaustive. Focus on high-value activities and high-potential projects. Take on fewer relationships, read fewer books, do fewer activities that don’t align with your most important values and goals.

Do less so you can accomplish more.

If you find yourself trying to do too much, working too hard and making too little progress, don’t increase your workload, reduce it.

Take a page from the most successful people in the world and regularly ask yourself, “What can I stop doing?” and “What or who can I avoid?”

Develop the habit of saying no to most things.

Because when you use the right strategies, cultivate the right relationships, and do the right things with your time and money, the results you achieve can be so much more.

Leverage is the key to bigger and better results.

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5 easy-to-write topics for your newsletter or blog

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If you’re struggling to find topics to write about in your newsletter or blog, or to post on social media, the place to look for ideas is right under your nose.

Start with the obvious. The things you do every day. 

These also tend to be the easiest ideas to write about–the kinds of things you could write in your sleep, or in the shower as one subscriber recently told me she does.

Here you go:

1. Check your email. What questions are your clients, prospects, and subscribers asking you? Answering their questions is about as simple as it gets. 
2. Check your files. No doubt you have or have had an interesting case or client at some time. It may be nothing special to you, but it’s the kind of thing your readers would love to hear.  
3. Put on your law professor’s hat. Explain the law or procedure or legal terms in your practice area. What does it mean, how does it work, what are the steps?
4. Check your calendar. Describe a typical day in the life of a lawyer: meetings, calls, letters, research, drafting, negotiations, settlements, discovery, arbitration, or whatever else you do. 
5. Go through your reading pile. Share your thoughts about an article, book, or blog you read, or a podcast or video you heard or saw. Summarize it, give your opinion, or use the ideas presented to write your own article or post.  

Writing is easy when you write about your world. The things you do or consume daily may be mundane to you but your readers will find them fascinating. 

How to build your practice with a simple email newsletter

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How to monetize your brain farts

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A lot of people want to know where I get ideas for my newsletter and how I’m able to write something half-way intelligent every weekday without fail.

They think its alchemy. An amalgam of pixie dust, good looks, and a lot of luck.

Not at all. I’ve simply trained my mind to produce a steady stream of ideas.

How? By a daily dose of reading and watching videos and taking notes.

A good percentage of what I write comes from reflecting on what others have written or said and putting my own take on it. Someone else thought it was an idea worth writing about and that’s often good enough for me.

But sometimes, often, actually, I start with something much simpler.

I’ll see a quote I like, hear an interesting statistic or fact, or, as I did yesterday, I’ll start by asking a question.

Yesterday, I asked myself, “Is it okay to tell a client you don’t know?”

Just a question. No article to play off of, no notes, no stories, no questions from subscribers, nada. And no idea what I would say or even what I thought about the subject.

I had the question in front of me. Other than that, I was naked.

Sometimes, I realize I have nothing to say about the subject and the idea goes back into the idea pile. And sometimes, a simple question is enough to ignite the kindling and before I can say Jumpin’ Jehosafats, I’ve written hundreds of words.

After I wrote down the question, I thought that admitting you don’t know tells a client you’re honest, not trying to fake things. It shows respect for the client. And I asked myself, “What if you should know the answer?” and “Doesn’t it make you look weak if you admit you don’t know?”

I had a place to start.

Naturally, I thought about how we tell clients not to guess, that unless they’re sure of their answer they should say they don’t know or don’t remember, and I had my lead.

The rest kind of wrote itself.

Because I basically asked and answered a few simple questions, put my fingers on the keyboard, and let my thoughts spill out of my head and onto the page.

If you’re not writing as often as you’d like to, this same “seat of the britches” method might work for you, too.

Try it. Write down a question that pops into your head, or a question a client asked you recently, or a quote or story or idea that catches your attention. Something you’re curious about and think other people might be, too.

Write it down, play with it on paper, and see where it takes you.

Imagine you’re writing to your mom, a good client, or a friend. Someone who will listen to you merely because its you. Say what you think about the subject or what you’d like to know.

You may be pleasantly surprised at how much you have to say.

If nothing happens, if your brain just won’t cooperate, let it go and try something else tomorrow.

Before you know it, you’ll be writing a post about where you get so many ideas and how you’re able to write so often.

How to get more writing ideas than you can shake a stick at here

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Is it okay to tell a client, “I don’t know”?

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When we prep a client for a statement or depo we tell them it’s okay to say, “I don’t know” or “I don’t remember”. It’s safe. A way to keep them from guessing or lying and getting caught.

If you don’t know, you don’t know, so that’s what you should say.

But what if it’s something they should know? Won’t they look bad if they say they don’t?

Sometimes they will.

If the question is, “Where were you seated in the vehicle?” yes. They will look bad if they say they don’t know.

You sign ’em up and you take yo chances.

But what about us? Lawyers who have clients (and spouses) who ask us questions we should be able to answer. Is it okay to tell them you don’t know?

Sometimes it is. Sometimes it’s not.

When a client asks, “How much is my case worth?” you better not give them an answer that doesn’t include the words “it depends.” On the other hand, if your spouse asks, “Do you love me” you damn well better have a different answer. And, for the record, if your spouses asks, “How much did you have to drink?” you probably don’t want to say you don’t recall.

But those are easy. What about difficult questions?

When a client asks you about the law, is it okay to say you don’t know? Should you offer an ambiguous “it depends” type of answer, tell them you’re not sure, or admit you don’t have a clue?

If you admit you don’t know something you should know, doesn’t that show weakness?

It’s certainly a good way to show the client you respect them and aren’t trying to bluff your way through an answer. It’s refreshing to hear an attorney provide a straight answer for a change, isn’t it?

Yeah, I know, it depends.

If you don’t know the answer, and you don’t know if you should admit that, I’d suggest going with, “I need to do more research.”

On the other hand, speaking from experience, I can tell you that’s not a good answer when your wife asks you (anything).

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