Why people don’t trust lawyers

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Why is it that so many people don’t trust lawyers? Unless they’ve been burned by a lawyer before, or know someone who has, I think it comes down to how we are portrayed in the media, movies, and TV. And let’s not forget all of those lawyer jokes.

And yet I think most people who meet us for the first time are willing to give us the benefit of the doubt. They will assume that we can be trusted, because it’s too difficult to assume that we cannot. They come to us with a problem and they want to believe that they can trust us to help them.

But their trust can evaporate in an instant.

The smallest misstep can trip us up. A little white lie, missing a deadline by a day or two, a bill that comes in for a few dollars more than expected.

For many clients, one screw up, one broken promise, or even one exaggeration is all it takes.

I thought about this over the weekend when I was looking at a book on Amazon. A five-star review said something like, ” . . .although it took some time to read. . .” and then praised the book. But the book was only 26 pages. Seeing that, I knew the review was phony. The author had purchased the review.

That’s cheating. And against Amazon’s terms of service. If the author did that, what else is he dishonest about? Why should I trust his information or advice?

So I didn’t “buy” the book, even though it was free.

One strike and he was out.

Learn how to build trust

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Do you get nervous when quoting fees?

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You’ve met with the prospective client, diagnosed their situation, and told them what you can do to help. You’ve got your retainer agreement ready and it’s time to quote a fee.

How do you feel at that very moment?

If you’re like many attorneys, you’re nervous. You’re afraid they will say no or try to haggle. They’ll balk at signing up and you won’t know what to do next.

Maybe they sign up, maybe they don’t, but the next time you quote a fee, you’ll remember that feeling and your apprehension will grow.

It doesn’t get better over time, it gets worse. It gets worse because deep inside you may believe that your fees really are too high and you telegraph that to the client.

What’s the solution?

Reduce your fees. Lower them until that uneasy feeling goes away and you feel that you are offering them a great deal.

Hey, if YOU believe your fees are too high, they’re too high.

Think about it. If you truly believe that what you are proposing to do for the client is worth more than what you’re asking them to pay, if you truly believe that you deliver immense value and the client would foolish to turn you down, you would have no trouble looking the client in the eye and telling them that. No nerves, no doubts, no hesitation.

Okay, okay, you want to know if there is another solution.

Sure. Instead of lowering your fees, increase the value of your services.

Look at what other lawyers do and do more. Provide better service, bonuses, guarantees, payments options, and other tangible and intangible deliverables that make the totality of what you do worth more to the client.

When quoting fees, you’ll be able to tell the client the advantages of hiring you. You’re worth more so you can charge more.

What’s that? You believe your fees are fair? You’re nervous because you think the client won’t understand.

Ah, but they will understand. You just have to do a better job of selling your services.

Don’t just show them the “features” of what they get–the documents, the process, the work product–show them the “benefits”. Show them how they will be better off as a result of hiring you. Show them how they will save money, increase their profits, protect their business or family, minimize risk, or achieve peace of mind.

Features are what you do. Benefits are what they get as a result of your doing it.

Don’t hold back. Tell them what could happen if they don’t fix the problem. Give them both barrels, right between the eyes.

Tell stories about other people who tried to fix that problem themselves, hired the wrong attorney, or waited too long, and suffered the consequences. And then tell them success stories of clients you’ve helped get the benefits you offer.

Give them a vivid picture of how things could be if they hire you, and how they might be if they don’t.

Sales is about the transference of belief. If you believe in the value of what you do, and you transfer that belief to your prospective clients, you’ll sign up more of them and never get nervous quoting fees.

For more about using features and benefits to sell your services, get The Formula

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Mr. Spock was only half right

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As a kid, I loved Star Trek. I watched the original series and thought that Mr. Spock’s unemotional, logical approach to problem solving was the way to go.

Examine the evidence. Calculate the probabilities. Make your decision.

I even took a class in logic in college. It was one of my favorites. My professor noticed my enthusiasm for the subject and wrote me a letter of recommendation to law school.

Anyway, I started my legal career with a penchant for logic. I calmly reasoned my way through problems to find the best solutions. I did my best to keep my emotions in check.

And it’s a good thing I did. Those first few years were awful. I didn’t know how to bring in clients and, oh yeah, I barely knew how to do the legal work. Every month was a struggle to survive and if I had let my emotions out of their box, I would surely have fallen apart. Logic got me through some tough times.

Later, when I had turned things around and had a thriving practice, logic only took me so far.

At one point, I had an important decision to make. I can’t recall the subject but I remember having a terrible time deciding what to do. I had a paralegal who saw my consternation and offered a suggestion. She told me that I was more intuitive than I realized and that I should trust my intuition to provide me with the right answer.

I listened to her. And then I listened to the voice inside me that told me what to do.

Whatever the issue was, my intuition provided the solution and the problem is long forgotten.

We should remember that Spock was half-human. Somewhere inside him was a reservoir of intuition and human emotion. We saw flashes of it when he made illogical decisions to save the life of Captain Kirk.

We all have great intuitive powers and we shouldn’t ignore them. There is a voice inside us that wants to guide us but most of us (men) don’t listen.

Feelings, who me? I’m a lawyer. I don’t let my feelings tell me what to do.

Maybe we should. Maybe we should listen to how we feel about things before we make decisions.

I do that now. When I think about choosing A or B, for example, I ask myself how I feel about those options. More often than not, I choose the option that feels better.

I also do that when charting my future. I look at the pantheon of options available to me–all of the projects I could work on, all of the tasks on my master list–and do the ones that I feel pulled toward.

I have one such project I’m working on right now. It’s something I feel good about and I can’t wait to get back to work on it. Isn’t that how our work should always be? Mostly doing things we enjoy?

Look at everything on your plate right now, and everything on your list of ideas. Which one calls to you? Which one feels good when you think about it?

That’s probably what you should do next.

Mr. Spock might not approve, but he’s at the Science station and you’re in the Captain’s chair.

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Do you make clients feel welcome?

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Most people have never hired an attorney before. When new clients or prospective clients come to your office, they are nervous. Do you make clients feel welcome? Do you make them feel comfortable?

If you do, you take a big step towards ensuring that they like you, hire you, and recommend you.

First impressions count.

What are you doing in your waiting room to make clients comfortable? What do they experience when they talk to the receptionist? What impression do they get when they meet you for the first time?

Take inventory of what it’s like to come to your office for a first appointment, or any appointment.

Here are some suggestions:

Reception Desk

  • Greet client with a smile
  • Ask about traffic, parking, weather
  • Make it easy to fill out paperwork: sticky notes, highlights, clipboard, pen
  • Tell them how long it will be before attorney will see them
  • Offer coffee, water

Waiting Room

  • Something to read , TV–take their mind off their situation
  • Kids: coloring books, toys
  • Plants, pleasant decor, comfortable seating

You/Your Office

  • You come to get them
  • Business attire, well groomed
  • Handshake, smile, eye contract
  • Greet by name, ask how they are doing
  • Comfortable small talk
  • Offer coffee, water, refills
  • Explain what will happen at the appointment
  • Free consultation: explain no cost or obligation
  • Ask open-end questions, take notes, ask”confirming” questions
  • 100% attention: no calls, texts, emails; continue making eye contact
  • Summarize plan of action before they leave
  • Walk them back to reception room
  • Consider: brief office tour, introduce staff

Make clients feel welcome and appreciated. Help them relax. Show them that you are a professional and that you will take good care of them. Show them that they made the right choice when they chose you.

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Stop trying to convince people they need a lawyer

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I started walking again. Three days a week, a couple of miles to start. At least I think it’s a couple of miles. I’m not really sure, so yesterday, I went to the app store to see if they had a pedometer.

Yes they do.

I had no idea how many apps there were for measuring body movement. I had no idea because I had never looked at any “health and fitness” apps.

I figured these were for runners or people who played sports or people with complex workout regimes. I just like to walk.

So now I’m looking at all these choices, comparing features, reading reviews. I even read a couple of articles.
I want a pedometer. I’m trying to decide which one.

Today, I’m “in the market” for an app; before, I wasn’t.

If you were the developer of the best app in the world in this category, before I was in the market your words would have been wasted on me. I paid no attention to your ads, your free trials, or your reviews.

I wasn’t a prospect. Now I am.

So here’s the thing. You may have the best legal services in town–a great track record, the best offer, fabulous “customer service”–but if you’re offering it people who aren’t in the market for what you do, you’re wasting time and money.

Instead of trying to educate the masses about the benefits of hiring a lawyer, target people who are actively looking for a lawyer who does what you do and show them why you are the best choice.

Pretend that there is a app store category for legal services and you’re in it. Instead of trying to convince people who are “not in the market” to come look at the legal services “apps” that are available, focus on making your “app” the top rated, best selling app in that category.

There is a place for educating people about what a lawyer can do to help them solve a problem or achieve an objective. But the sweet spot in marketing is found by targeting people who already know they (probably) need a lawyer and are trying to decide which one.

Marketing is easier when you know The Formula

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When to hire your first (or next) employee

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A sole practitioner asks, “How do I know when I can afford to hire my first employee?”

That depends. If you think like a lawyer, you’ll wait until you have so much work piled up you can’t keep up with it. Hiring your first, or your next employee will be a matter of necessity.

But you’re not just a lawyer. You’re also a business owner and if you think like a business owner, you will invest in the future of your business (practice).

You won’t wait until it’s obvious you need help. You will imagine the future of your practice the way you want it to be and make sure you get there ahead of time.

In other words, you’ll hire staff before you absolutely need them.

I did this. I hired people when I didn’t yet have enough work to keep them busy. I expected my practice to grow and I wanted to be ready.

I did the same thing with office space. I got bigger space before I needed it. I was nervous about signing a long term lease, but I filled the space every time.

Don’t dwell on where you, imagine where you want to be. Buy some big boy pants and know that you will grow into them.

I was once in the real estate business with another lawyer who thought even bigger than I did. He wanted us to lease the penthouse suite in a building on Wilshire Boulevard in Beverly Hills. The rent was gag-inducing. He also wanted us to hire several secretaries and buy new computers, and the business was barely getting started.

We did it. We invested in the future we expected to create and our investment paid off.

Of course we were also motivated by a tremendous fear of loss. We had huge overhead and had to make it work.

We charged higher fees, took out bigger ads, and worked out tails off. In less than a year, we were paying all of our expenses, had leased top of the line Mercedes, and took home six-figure draws, and this was in the 80’s when six-figures meant something.

If you expect your practice to grow, invest in that growth. Take on bigger space before you need it. Hire more people before you have enough work to keep them busy.

Start with employees, because they are scalable. Unlike a lease, if the work doesn’t materialize, you can easily downsize.

If you’re still not sure, start with temps or part time help. If you share space with another attorney, talk to them about sharing a secretary.

Don’t be reckless, of course. But don’t play it safe, either.

If you wait until you’re sure, you’ve probably waited too long.

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How to beat procrastination without really trying

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There are hundreds of tips and strategies on how to beat procrastination floating around. That’s too many, if you ask me.

Instead of giving you a laundry list of ideas I want to share with you just three.

(1) DON’T DO IT

Not everything on your task list needs to be done. Many tasks aren’t that important, at least in comparison to other things on your list. After all, being productive isn’t about getting everything done it’s about getting the most important things done.

So ask yourself, “Do I really need to do this?” and if the answer is anything but an unqualified yes, either cross it off the list or put it on a “someday/maybe” list and look at it at some future date.

If a task does need to be done, ask yourself, “Who else could do this?” If you can delegate the task to someone else, you should.

(2) CREATE A DEADLINE

If something needs to be done (by you), and you don’t already have a deadline, give yourself one. Pick a date when the task will be done, or when a significant portion of the project will be done, and put this on your calendar.

You may be inclined to give yourself ample time but it’s usually better to do just the opposite. Shorter deadlines make it more likely that you will complete the task.

If you give yourself three weeks to complete something, you might not get started until a few days before the deadline. Or, as you see the deadline approaching you will extend it. So instead of three weeks, give yourself three days to complete the task, or even three hours.

Once you have a deadline, tell someone about it–your client, spouse, partner, or a workout buddy–and ask them to hold you accountable. When I tell my wife I will have the first draft of something done by a certain date, I am much more likely to do it.

(3) START

The most important part of any task is getting started. The first step in doing anything puts you one step closer to the second step.

Start with something small and easy. Make a list of everything you need to do, for example, or re-write the list you already wrote.

Tell yourself you’ll work on it for just five minutes. No matter how unpleasant the task might be you can do it for five minutes. The odds are that once you get started, you’ll feel compelled to continue.

These three strategies should help you beat procrastination most of the time. If you still find yourself procrastinating, however, ask yourself why you are resisting doing things you know you need to do.

The solution might be simple. If you don’t know how to do something, for example, schedule time to learn. If you’re afraid of doing a poor job, get some advice or ask someone with more experience to help you.

There is always a reason why you are procrastinating. Instead of ignoring that reason, embrace it. Your subconscious mind knows what you need and if you listen carefully, you will hear the solution.

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Delegate and grow rich

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Okay, you (finally) agree that you can’t do it all and that if you want to earn more and not work yourself to death you need to delegate (more).

Where do you start?

You start with the philosophy that you should delegate everything, except “that which only you can do”.

That’s not as much as you might think.

If you have attorneys working for you, start there. Give them as much work as possible.This is clearly a “20% activity that yields 80% of your results”. It’s why the big firms are the big firms. It’s where you can take giant leaps in increasing your income.

If you have business clients, you can still be the “account representative”. You meet with the clients, hold their hands, take them to lunch, and keep them happy. Let your staff attorneys do the grunt work. Okay, you can show up for trial, but only if you must.

If you have a consumer oriented practice, you can meet with the clients on their first appointment and at their last appointment. Let your attorneys and other staff do the rest.

So, job one: if you don’t have attorneys working for you, get some.

If you don’t have enough work to justify that, set this as a goal. Get enough new business coming in to justify hiring your first attorney.

If you don’t want the hassle of hiring and supervising attorneys, set another goal–to bring in enough new business to justify hiring attorneys AND someone to hire and supervise them.

If you have other staff (secretaries, assistants, office managers, HR, IT, bookkeeper, etc.), they’re next. Make sure they are tasked with all other tasks, except two:

(1) Signing checks.

Call me paranoid, or call me a lawyer, but I always made sure that I saw and signed every check issued in my office. Today, with everything digital, you have to be even more careful.

(2) Marketing.

Marketing professionals services is about building relationships and you can’t delegate that. You’ve got to talk to people. Don’t relinquish responsibility for this. It’s the most important thing you do in building a practice, even more important than the legal work.

However. . .

There are many aspects of marketing that can be delegated. Too many to mention here. So get as much help as possible but make sure you have a hand in all of it.

If you don’t have any staff, or enough staff, hire people or outsource. Immediately, if not sooner.

Don’t let the absence of delegatees stop you from delegating.

If you want to get better at delegating, get this

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How to select more profitable cases and clients

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A subscriber asked for my thoughts on how to select, “more meritorious and profitable cases and eliminate smaller cases or “junk” that takes far too much time in proportion to profit potential.”

I thought he was talking about contingency fee cases but when I went to his website I saw that he handles everything but. It’s a general practice, handling everything from divorce to banking to foreclosure, construction law, even appellate work, but no personal injury or anything tort related that I can see.

Unless I’m missing something, as long as they get a retainer fee, they get paid. Even if the case isn’t that good.

So my oh-so-glib answer to the original question is, “Pick a number. Decide, in advance, that you won’t accept anything that won’t provide you with a minimum fee of X dollars.”

That’s easier to do when you charge flat fees instead of hourly, and that might be part of his challenge. If that’s so, and he wants to continue charging hourly, he might consider having a minimum fee, if this is ethically permitted. So, $400 per hour for that divorce case, with a minimum of $5000. Or whatever.

Okay, I realize it’s not always that simple. But I don’t know what else to say. Meet with your partners, pull out the spreadsheets, and see where you’re making money. Draw a line or two to demarcate the kinds of cases or clients you will focus on and the ones you will think twice about accepting or eliminate completely.

Before you make any final decisions, however, there’s something else to think about. It’s something I did in my practice and I recommend that you consider it in yours.

Think clients, not cases.

Essentially, that means you take the small stuff, even if it’s not terribly profitable, because you are serving the client who will have other matters for you, stick with your firm long term, send you referrals, and otherwise help your practice grow.

The lifetime value of those clients, and the collective fees earned from them, is many times what you might (or might not) earn on one particular matter.

If you don’t have those kinds of clients, or enough of them, start weaning the firm away from clients with “one time” cases and focus on clients with lots of repeat work.

Think clients, not cases.

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The Real Housewives of Orange County

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I get a fair amount of direct mail from lawyers and other professionals inviting me to a free dinner at a nice restaurant. Basically, they buy you steak or seafood and you listen to a presentation, followed by a pitch to make an appointment.

If the professional gets all the bits and pieces right, this can be an effective strategy for marketing high ticket items like legal services, securities, and insurance products.

The other day, I got one such mailing from one of my neighbors, a financial adviser who is conducting a retirement planning dinner. My wife saw it and recognized the name of the host as one of the stars of “The Real Housewives of Orange County”.

Yep, she’s one of our neighbors.

The mailing doesn’t mention her “Housewives,” connection, however. I’m sure this was intentional. Aside from the fact that she may be contractually precluded from leveraging the show by name, no doubt she wants real prospects to attend, not just star struck folks who want to meet a celebrity.

The mailing contained a brochure, the invitation, and two tickets. Fairly typical and reasonably well done.

There is something on the invitation that’s not that common, however.

The invitation says,

Would you prefer a face-to-face meeting?

If you would rather discuss your retirement questions in a private setting, you can schedule a consultation with [her name] in the comfort and privacy of our office. As a sincere “thank you” for your time, you will be presented with a $50 gift card after completing your consultation appointment. No purchase is required. Call xxx to schedule your appointment.

If you are using free dinner (or lunch) presentations to market your services, you might consider adding this option. You’ll get in front of people who can’t make the event or who prefer privacy. If you’re willing to buy them dinner to hear your presentation, why not make the same offer if they come to see you privately?

Actually, you might want to do this even if you don’t use dinners as a marketing tool.

Am I suggesting that you pay people to come see you for a free consultation?

Yes. It will increase response.

If there are no legal or ethical restrictions, and your numbers work, i.e., you close enough prospects to make it worthwhile, why wouldn’t you?

You don’t have to offer this to everyone. You could use it for special occasions, a holiday promotion for example. You could offer it in some ads or mailings and not others. Or with certain joint venture partners.

For example, if you’re working with a CPA, have him email his clients and tell them about your consultation or seminar, etc. When his clients come to see you and mention the CPA’s name, they get a gift card or other freebie.

If you don’t want to offer a gift card or other cash equivalent, offer a “planning kit,” a copy of your book, a resource guide, or a presentation on CD.

Whatever you call it, bribes work. Even if you’re not a real housewife.

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