Helping the competition?

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In Lawyer to Lawyer Referrals, I show you how to find and befriend lawyers who work in complementary practice areas and can send you referrals. One way to get on their radar, and in their good graces, is to help them do a better job for their clients.

Educate them about your area of expertise, even if that means they help those clients instead of referring them to you.

Karma, and all that.

It’s similar to what I said yesterday about encouraging clients and prospects to call you for “micro-advice,” without the meter running.

My friend Steve Emmert, a very successful appellate lawyer, emailed and said, “I always give free micro-advice to my customers (trial lawyers). It quite often comes back to me in future business, when they need an appellate lawyer and remember who looked out for them all these years.”

Indeed.

He continued, “. . .I also give free micro-advice to my competitors. It’s the neighborly thing to do, it promotes collegiality within the appellate “guild,” and refusing to do so would be giving in to a scarcity mentality. There’s plenty of work to go around.”

He gave a couple of recent examples–showing a new-ish appellate lawyer how to set up a section of a document, going to lunch with other lawyers who want to start an appellate practice and telling them what to do. “Why should I make them learn the hard way all the lessons I’ve learned in almost 15 years?”

He continued: “Most lawyers wouldn’t think of doing this because they have a scarcity mentality: ‘I have to take this client because I might never get another. I have to guard all my secrets so no one can compete with me.’ Jeez Louise!”

Aint that the truth.

It seems counterintuitive to share your time and expertise with lawyers who do what you do, or want to. But not only does it feel good to help others, it can pay dividends.

“One fringe benefit: My competitors get the message that I’m confident in my market position, and that means they’re very unlikely ever to really challenge that position.”

I’ll tell you what else it does. It gets other lawyers sending you referrals when they have a conflict or a case they otherwise can’t handle. They know you’re the BMOC (that’s “Big Man on Campus” for you Millenials and other whippersnappers.)

“I got some great advice long ago: “Identify a niche market and seek to dominate it,” Steve said. “This is one way I do that: I let my competitors know that I don’t regard them as competition, but as my friends. All the while, they’re realizing that I’m very good at this. See how that works? As long as no one gets the idea of hiring a hit man to take me out and make room at the top …”

Ah, there’s the catch. You actually have to be good. (Or make them think you are.)

Anyway, great advice from a very smart guy. If you want more of his advice for building a successful practice, read my interview with him in my Kindle book. 

Lawyer-to-Lawyer Referrals

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Do you charge for “micro advice”?

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Many business attorneys won’t talk to a client without the meter running. So many clients don’t call their attorney before they make important decisions, often to their detriment.

The client then has to pay the attorney to fix their mess, often a lot more than they would have paid had they gotten advice in advance.

In the short term, the attorney makes out. In the long run, maybe there’s a better way for both client and attorney.

What if attorneys let their clients know they won’t charge them for “micro advice”? A quick call to find out if they’re going in the right direction, a question or two to see if they do (or don’t) need something else?

I heard that’s what many smart business attorneys do.

I concur.

You want your clients to call you often and they’re more likely to do that if they know they won’t be charged by the nanosecond. Maybe they have something that needs your help, maybe they don’t, but it’s better for both of you to find out.

How is this better for you? For one thing, it builds trust. The client sees that you’re looking out for them, not just sucking them dry.

It can also lead to more work for you. In the short term, if they need your help, you’ll be able to show them why. In the long run, by looking out for your clients, you help their business grow and you can grow with them.

Yes, some clients will (try to) take advantage of you. You will have some line drawing to do. But most clients will appreciate you for “not being like all those other attorneys”. You’ll earn their loyalty and their referrals.

This isn’t just for business attorneys. It’s a good policy for all clients. Even one-off clients can send referrals.

Referrals are good for your fiscal health

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When to qualify prospective clients for money

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Some clients can’t afford you. They need your help, they trust you and want to sign up, they just don’t have the money, or they have it but don’t want to spend it.

When would you like to find that out?

Before they meet with you, or after you’ve spent a lot of time talking to them about their problem and your solution?

If you talk to them and they don’t hire you, is that a complete waste of time?

Maybe. Maybe not.

Maybe they’ll realize they have to do something and they will beg, borrow, or steal the money to pay you. Maybe they’ll hire another lawyer who will mess things up and they’ll come back to you to fix things, at greater cost. Or, maybe they can’t afford your primary service right now but they can afford one of your “entry level” services and get more help later.

Maybe they won’t ever hire you but they will appreciate you for meeting with them and send you referrals.

So, it depends.

Clearly, however, you can’t spend all your time talking to people who don’t have any money. You need to weed them out in advance.

How do you do that?

By promoting your services to target markets and prospective clients who have money and avoiding the ones who don’t.

By educating your referral services about your ideal client and including something about fees and retainers.

By giving prospective clients (on your website, in your ads or other marketing materials), a general idea of what they will need to pay up front.

And, when you meet with prospective clients, qualifying them as to their ability to pay.

How do you the latter? Early on, say something like this:

“I’ll need to get more information, of course, before I can tell you what I can do for you. If I can help you, you need to know that my minimum fee is X [I’ll need a retainer of X]. Would that be a problem for you?”

If they say it won’t be a problem, mazeltov. If they say it might be a problem, or their body language tells you it is, you can explore that subject further or head in a different direction.

How to get referrals from people who don’t hire you

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Hanging with the big dogs

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“Who you know is more important than what you know”. It’s a law. The Law of Association.

We tend to be like the people with whom we associate most. If your personal and professional contacts consist primarily of smart, successful, and well-connected people, you are probably smart, successful, and well-connected.

We tend to share many of the same habits, attitudes, and opinions of the people in our inner circle. We read the same types of books, talk about the same subjects, and know many of the same types of people.

Your life would be different if your contacts consisted primarily of lazy people with bad habits and a poor work ethic.

Your task is clear. To continually upgrade your associations.

On a scale of 1 to 100, we are all 50s. There are people we look up to–the 80s, 90s, and 100s, and there are people who look up to us. To upgrade your associations, you’ll want to seek out and associate with the 80s and above.

It’s not easy to meet the top people in any field, let alone convince them to invite you into their world.

But you can do it.

Start by eliminating the bad influences in your life. They’re holding you back.

If you now associate with 20s and 30s, people with bad habits, bad attitudes, and poor motivation, stop spending time with them. If it’s difficult to remove them completely from your life, perhaps because they are family or co-workers, spend less time with them.

Then, start filling the void with people who are a little higher up the scale from you.

You’re a 50, right? So find and meet some 60s. People who have more experience, better skills, or more success than you.

Get to know them. Bring value to them. Eventually, you’ll become like them.

Then, as a 60, seek out some 70s.

Work your way up the scale, in increments. Eventually, you’ll be associating with 90s and 100s.

Maybe then I’ll take your call.

How to get referrals from lawyers and other professionals

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Where are you thinking about?

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I’m at the Orange County Superior Court in Santa Ana, CA. It hasn’t changed much since the last time I was here but I feel a bit strange because I’m not wearing a suit. My wife was called for jury duty and I’m keeping her company.

One thing that has changed about the civic center is the scope of the homelessness problem. Outside the third floor window, I see a massive encampment. It’s like nothing I’ve seen before.

I’m not going to think about that right now, however. Right now I’m thinking about the words I’m typing for this post and about the book I’ll be finishing up after that.

I do my best to focus on things I can control. I think about where I want to go and what I need to do to get there. If a negative thought arises or a problem occurs, I deal with it appropriately and then push it aside.

I hope you do the same.

Earl Nightingale urged us to think about what we want, not what we don’t want. He said, “. . .the man who has no goal, who doesn’t know where he’s going, and whose thoughts must, therefore, be thoughts of confusion and anxiety and fear and worry, becomes what he thinks about. His life becomes one of frustration and fear and anxiety and worry. And if he thinks about nothing. . . he becomes nothing.”

So, what are you thinking about?

Are you worried about how you’re going to make overhead this month or are you planning your next big project? Are you frustrated by problems at work (or outside your window), or are you excited about the many opportunities at your feet?

If you’re like most people, you spend a lot of time focused on the work you have to finish today and very little time thinking about your future.

That allows you to survive, not thrive.

If you want a brighter future, you have to think about that future. Because we become what we think about.

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You can’t win them all (but let them know you tried)

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It happens. You do everything for a client, bending over backward to serve him and get the results he wants. If those results aren’t forthcoming, however, or things don’t happen quickly enough, the client may blame you.

And fire you.

That’s what happened to an attorney who wrote and shared his tale of woe.

He had a client complain about “zero results”. He said the attorney did nothing for him, even though he had done everything that could be done.

The client said the attorney was wasting time to “rack up fees,” even though the client was paying an agreed upon flat fee.

“How do you make clients [understand and appreciate] what you’re doing for them?” the attorney asked.

In this client’s case, nothing. He’s a bad egg. Nothing but trouble since day one.

But while all clients want results, if those results aren’t forthcoming, or take too long to achieve, most clients appreciate their attorney’s efforts or their behalf, if they are made aware of it.

Job one is to make them aware of it.

At the beginning, you spell out everything that is about to happen. You tell them (orally and in writing), exactly what you will be doing, when, and why.

Why A instead of B? Why next month instead of immediately?

You tell them about possible delays, contingencies, and problems. You also tell them what you will do if and when those issues occur.

You tell them stories of clients who had successful outcomes despite delays, contingencies, and problems. You provide testimonials from clients who watched you shed blood, sweat, and tears for them and loved you for it, even if things didn’t turn out they want they wanted.

You send copies of everything, of course, and update them frequently. Weekly is not too often. Even if “nothing” happened, let them know that you’re still on the job.

You report everything you have done, everything the opposition has done, and what you plan to do next.

You bring them into your head so they can see and hear what you see and hear and understand why you do what you do.

And you get their okay every step of the way.

No, you don’t let them manage the case. You encourage them to provide feedback and ask questions and you show patience when they do.

Sounds like raising a child, doesn’t it? Yeah, that’s pretty much what it is.

The difference is that you can fire a client, and in this case, that’s exactly what you should do.

Client relations 101

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A simple way to get more done in less time

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You’ve heard that multitasking is less efficient than doing one thing at a time. But do you know why?

The answer is that we’re not really multitasking. That’s a misnomer. The term implies that we’re doing two (or more) tasks at the same time. In truth, our brains won’t allow this. What we’re really doing is “task switching”.

We may switch rapidly from one task to the next but according to research, the simple act of constantly switching tasks can cost us up to 40 percent more time.

Apparently, when we stop one task and start another, in order to help us focus, our brains go through a process of shutting down the rules it is following for the first task and opening up a different set of rules for the task we are about to switch to.

Minimize task switching, and you might be able to get the same amount of work done in five hours that would otherwise take eight.

To minimize task switching, we should do whatever we can to finish one task before starting another. That means giving ourselves a big enough block of time to complete a project, or take it as far as we can, in one sitting.

Researching and writing a brief for a solid two hours is better than doing it 30 minutes at a time.

If you have smaller tasks, do them in batches. For example, do all of your research or make all of your calls during the same block of time.

And, minimize distractions and interruptions. Turn off your phone when you’re working on a writing project. Make sure your staff knows not to disturb you. Because according to other research, every time we get interrupted or distracted, it takes an average of twenty minutes to get back to where we left off.

Step-by-step: How to get more referrals

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Some thoughts about multiple streams of income

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My income doesn’t depend on any one source. That affords me a degree of safety and peace of mind and lets me peruse creative interests. I didn’t create these sources of income at the same time, however, and if you’re thinking about starting something new, neither should you.

Don’t spread yourself in too many directions or you will find it difficult to excel at anything.

Mark Twain said, “Put all your eggs in one basket and watch that basket”. If you want another basket, make sure the eggs in your first basket are safe.

Make sure you have partners or employees you trust and systems in place that afford you time to invest in your new venture. And, if possible, choose as your next venture something that allows you to leverage the knowledge, contacts, and resources you developed in your practice or first business. This will give you a running start.

On the other hand, it is by no means clear that you should do anything other than what you’re already doing. If you’re doing well and enjoy it, why stop?

Don’t start something new merely because you think you must have additional sources of income. You don’t. Unless you have a strong reason to start a new business, you’re almost always better off taking what you’ve already built and making it even bigger.

As you develop excess cash flow, you can invest it in ventures that don’t require much of your time or mental bandwidth.

I retired from my practice because I didn’t want to do it anymore. If that had not been the case, I probably would be just as happy and prosperous today, or even more so.

How to earn more and work less: click here

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Say what?

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You may have heard the pejorative term “hairography”. According to the Urban Dictionary, this is “choreography using a lot of dance movement with the head that causes the hair to thrash about.” Basically, it’s done to disguise a lack of dancing skills.

Sadly, some lawyers do something similar when they hide behind big words and legalese.

I call it “lexography”.

I have to admit, as a fledgling attorney, I spoke the lingua franca. My letters and pleadings sounded like they were written in another century. Formal, stilted, passive voice, and boring.

I didn’t want to be seen as lacking experience in the arcane world of the fraternity I had recently joined. I wanted to sound like a lawyer and I thought that’s what I had to do.

I even did it with clients. I was young (and looked it) and I wanted to sound like a grown up.

It all ended quickly. I hated the way I sounded, and it was too much work to keep up, so I said, “the hell with it” and I stopped.

What a relief!

I spoke plainly. Simple words. Colloquial expressions. Cliches.

I used short sentences.

Like this.

Nobody complained or looked down on me. Nobody refused to hire me because I sounded inexperienced or unprofessional.

So, if you’re new to this club, or you (still) have issues with “sounding like a lawyer,” let it go.

I get a lot of email from lawyers. Some lawyers (lawyers!) can’t communicate a cogent thought to save their life.

Seriously. I can’t understand them.

C’mon, people. We are word merchants, you and I. We get paid to communicate. We need to be on top of our game. Better than good. Clear, concise, and persuasive.

You don’t need to be eloquent but if writing doesn’t come naturally to you, do what you have to do to get better. Take classes, get an editor, read outside your field.

Get a writing “workout partner”. Get lots of practice. And most of all, have fun with it. You’ll be glad you did. So will your clients.

How to write a “special report” that brings in clients

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Are you a perfectionist?

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I’m told that perfectionists tend to achieve less and have more stress than other folks.

The struggle is real.

In addition, perfectionists are more prone to procrastination. Because they worry about not doing things right, they delay starting or finishing. They often do nothing at all.

If this sounds familiar, take heart. Most (all?) accomplished people like you and me struggle with these issues, at least some of the time.

But there’s hope.

Sometimes, when I find myself procrastinating, I tackle some of the easy parts first. As you check off items on the punch list, you build confidence and momentum. Continuing is easier than a cold start.

I might review my notes, make a list of ideas, or gather up my research. I might draft some language or brainstorm some of my options.

When I don’t feel like going on my walk, putting on my walking shorts takes me a step closer to getting out the door.

Sometimes, I do the hard things first. I eat those frogs. Once I get something difficult or intimidating out of the way, the rest is much easier.

While starting is the hardest part, finishing is the most important.

How do you finish things you’re having trouble finishing? I don’t know, I’m still working on that.

Joking aside, one thing I do is try not to “break the chain”. I have an app for tracking my daily walking. It gives me visible feedback about my progress (and a little fanfare when I hit the daily goal). What can I say, it helps.

Another thing I do to finish is to focus on the process, not the outcome. With writing, for example, I don’t dwell on word count, I just make sure I do the work every day.

I also bribe myself. I promise to reward myself as soon as I finish things. For example, when I finish this, I’m going to play around with a new app I just downloaded.

Okay, as soon as I get back from my walk.

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