The cure for the overworked and overwhelmed attorney

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I don’t know a single attorney who wants to work more. Oh they want more work, they just don’t want to work longer hours.

Unfortunately, we have been trained to believe in an absolute correlation between our income and the amount of work we do, but that correlation simply does not exist.

As a young lawyer starting my career, I had very little work and an income to match. When I finally learned marketing and starting bringing in more clients, naturally, my income and work hours increased. Eventually, I had lots of clients and incredibly long hours, obviously proving there is a correlation, right? Well, that depends.

I realized that I wasn’t happy working so much but I wasn’t willing to cut back my schedule if it meant cutting back my income. I struggled with this for a long time and, thankfully, I figured out how to do it. I was able to significantly reduce my work week without reducing my income. In fact, when I got things fully underway, my income took a dramatic leap.

There were a few things I did to make that happen. One of those was to get comfortable with delegating.

Attorneys are famously bad at delegating. There are a number of reasons, ranging from fear that the person to whom the work is delegated will screw up, to ego, the notion that, “nobody can do it as well as I can.” I had a little bit of both going on in my head; it took some effort to come to terms with these beliefs, but I did.

On the “screw up” issue, I realized that I would still be supervising my employees, I was the failsafe. I also realized that happiness (or a successful law practice) doesn’t require the complete absence of risk. Risk can be managed. That’s why God created “E & O” policies, after all.

As for the idea that I was the best one for the job, I simply had to accept the premise that if I was ever going to have relief from eighty hour weeks, “good enough” would have to be good enough.

Once I crossed the threshold of acceptance,  I began to see that there were many functions in our office I could let go of and, in fact, there were many functions where I really wasn’t the best person for the job. Once I started the process of handing over responsibilities to others and saw that the sky did not fall and, in fact, good things were happening, I embarked on a quest to delegate as much as possible. Eventually, my philosophy was to only do that which only I could do, and this was a major turning point in my career.

If you are overworked because of reluctance to delegate (or delegate as much as possible), I urge you to do as I did. Change your philosophy and learn some techniques. Your kids will be glad you did.

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A marketing plan for lawyers–part two

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In a previous post, we examined the four steps to creating a marketing plan. You learned that a marketing plan should be simple, and that it is an ongoing process, with most of the planning taking place on a monthly and weekly basis.

You also learned the importance of having a long-term vision statement and annual goals.

Before we move on to discuss monthly planning and daily activities, let’s delve a little deeper into the goal setting process.

There are six major areas of life–Career/Financial, Physical/Health, Family/Home, Mental/Educational, Spiritual, and Social/Cultural. For most people, happiness comes from having a well-balanced life, with success in all six areas.

This doesn’t mean you need to set annual goals in all six ares. Some areas may be going well for you right now, or there may be one or two areas that are more important to you this year. Throughout your life, your priorities will change and so will your goals. So, right now, if you want to focus on just one or two areas of your life, that’s fine.

For each area of focus, you should have no more than three annual goals. One is even better.

Sometimes, people confuse “benefits” with “goals”. For example, in the area of Career/Financial, you may have a goal to earn a certain amount of money, another goal to buy a new house, and a third goal to pay off your credit card balances. But the second two are really benefits to be obtained from the first goal, so, in reality, you have just one goal.

Right now, I have just one area of my life I’m focused on and I have one goal in that area. There are many benefits to be derived from achieving that goal and there also many sub-goals I need to hit before I will achieve it. This works for me and you should do what works for you. (You can always change your goals.)

For each annual goal, follow these five steps and you will be well on your way to achieving them:

STEP ONE

Make sure your goal is S.M.A.R.T.–Specific, Measurable, Attainable, Realistic, and Tangible. Write your goal in the present tense, as though already obtained, make it specific, and attach a date. Since we’re focused on marketing, here’s an example of a S.M.A.R.T. financial goal: “I’m excited that I am now earning a net income of $15,000 per month, or more, in my law practice, by or before December 31, 2010.”

STEP TWO

List (a) the benefits to be obtained and (b) the losses to be avoided by achieving this goal. It’s important that you understand the value and importance of your goals and have some emotional investment in them.

Benefits to be achieved

  • Pride, feeling of accomplishment
  • Pay off debts
  • Increase savings, build for the future
  • Hire another paralegal, gain more free time
  • Reduce stress

Losses to be avoided

  • Cancelling next year’s vacation
  • Moving to a smaller office

STEP THREE

List (a) “Possible obstacles” to obtaining the goal and, for each obstacle, (b) “Possible Solutions”.

One of your obstacles is “you”. No doubt there are things you need to learn, things you need to do more of or get better at, or things you need to stop doing. What are they? What obstacles have prevented you from achieving your goal in the past? And what are some possible solutions? (Your goal is not S.M.A.R.T. unless you list possible solutions because without solutions, you can’t move forward.)

Possible obstacles/Solutions [Examples]

  • Obstacle: Me–my lack of patience. Solutions: Read Dale Carnegie, other books, find a mentor who has overcome that obstacle
  • Obstacle: Not enough clients. Solutions: Study marketing, set up a blog, join networking group.
  • Obstacle: Not enough time: Solutions: Find a “time management” system; hire another paralegal.

This will help you identity actions you need to take on the way to achieving your goals and help you identity sub-goals and projects you need to tackle.

STEP FOUR

List specific action steps you need to do to move you forward towards achieving the goal. Schedule target dates for each of these steps and put these dates on your monthly calendar.

These four steps will help ensure that you have meaningful goals, specific action steps and target dates for their achievement.

STEP FIVE

This goal setting process should be reviewed and re-written each month, at your monthly planning session. Ideally, this will take place a day or two before the end of the previous month. “Always plan next month before next month begins.”

Each month, as you make progress towards your goals, circumstances will change and your plan will change. As you move forward, you will conduct a weekly review of your monthly plans and make adjustments to your daily activities. We’ll talk about that in our next post on this subject.

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A marketing plan for lawyers–a lot simpler than you think

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Do you have a marketing plan for your law practice? I’ll bet you don’t. Most attorneys tell me they haven’t had the time to write one and they don’t know where to begin.

The good news is it’s a lot simpler than you think and you can get the most important part done in about an hour.

Most people think a marketing plan is a detailed, step-by-step blueprint for building their business or practice. Yes, plans like this are written every day, but a complex plan is neither necessary nor effective.

You can’t accurately predict what will happen six months or a year from now. There are too many variables. Effective marketing plans are written on the battle field, in real time. As circumstances change, the plan changes, and the plan you start with is almost never the plan that you end with.

Don’t get me wrong, a well planned life is a successful life, but most of the planning is done on a shorter time line–month to month and week to week. The planning process has the following elements:
  1. Long term vision
  2. Annual goals
  3. Monthly plans (and weekly reviews)
  4. Daily actions
You can do the first two in about an hour.

Start by writing a vision statement for the next five years (or ten). Where do you want to be? What do you want for your practice and personal life?

With respect to your practice, how much do you want to be earning? What do you want to be doing, in terms of practice areas, niche markets, and types of clients? Do you want a big, busy practice or something smaller but equally remunerative (e.g., fewer clients, less overhead)? Do you want partners or do you want to work for a firm? Maybe you’d like to be retired from practicing and doing something else. Or practicing part time so you have more time for travel and for your family or anything else. What do you want?

Think big! Turn on your dream machine and don’t limit yourself in any way. In five years, you can accomplish just about anything, so don’t hold back. You are the architect of your life, so make it a good one.

Take about thirty to forty-five minutes and start writing. A few paragraphs to one page is all you need. Write in the present tense, as though you are already living your vision. Some people like to describe their birthday, five years in the future: what they are doing that day, who they are with, what they have accomplished, what they are looking forward to.

Remember, there are no restrictions. Short of defying the laws of physics or being completely unrealistic, you can be, do, or have whatever you want. Don’t be logical about this. No, “yeah, buts. . .”, this is your dream for the future and you should make it as exciting and delicious as you want.

Once you have your vision statement, you know where you want to go. Everything you do hereafter will be designed to move you forward towards that vision.

The next step is annual goals. You can have goals for different aspects of your life–professional, spiritual, physical, and so forth, but within each category, one goal is usually best (and no more than three).

Read your vision statement and choose an annual goal that will move you forward towards that vision in a meaningful way. Write down that goal.

In about an hour, you will accomplished something that perhaps you have never done before. The most important part of any plan is to know the destination, and now you know!

Get out your calendar and find another hour some time before the end of this month. With your vision statement and annual goal(s) in hand, you’ll be able to effectively plan next month. I usually do this on a Sunday morning when it’s quiet.

I’ll talk about the monthly plans and daily actions in another post, but I want to leave you with a key to effective planning. If you do nothing else but embrace this concept, you will be incredibly effective in your growth and levels of achievement. What is the key? It’s this: “Always plan tomorrow before tomorrow begins. And always plan next month before next month begins.”

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Feeling stuck? Waiting to be rescued? Don’t let this happen to you. . .

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The principle of accelerating acceleration

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In “The Slight Edge,” Jeff Olson talks about the power of doing “the little things” over and over again, consistently, over time, until the compounded effect of those small efforts produces dramatic change. Brian Tracy, in “Create Your Own Future: How to Master the 12 Critical Factors of Unlimited Success,” calls this same phenomenon, “the principle of accelerating acceleration.”

Tracy, who sees the principle as a corollary of “law of attraction, says, [page 48], “Whatever you are moving toward [i.e., a goal] begins moving toward you as well.” His characterization of how the principle operates should be given to every attorney who is about to start their own practice:

“When you first set a new, big goal and begin moving toward it, your progress will often be quite slow. You may be frustrated and think of giving up. The bigger your goal, the further away it will seem. You may have to work on it for a long time before you see any progress at all. But this is all part of the process of goal attainment.”

“The 20/80 rule helps to explain the principle. . . . For the first 80 percent of the time that you are working toward your goal, you will only cover about 20 percent of the distance. However, if you persist and refuse to give up, you will accomplish the final 80 percent of your goal in the last 20 percent of the time that you spend working on it.

“Many people work for weeks, months, and even years toward a big goal and see little progress. They often lose heart and give up. But what they didn’t realize is that they had laid all of the groundwork necessary and were almost at the take-off point. They were just about to start accelerating toward their goal, and their goal was about to start moving at a great speed toward them.

“This principle of accelerating acceleration seems to apply to almost every big goal that you set for yourself. You must therefore decide in advance that you will never give up.

So, as you contemplate how you might create your own future in the new year, start with your long-term, visionary goals. Decide now that they are worth the effort you are about to make. Get used to the idea that you probably won’t see most of the results you seek for a long time. And then, and only then, when you tell yourself (and anyone else who will listen) that you won’t give up until you get what you want, you might actually believe it.

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The ABA Journal wants to know what lawyers think about the economy. I don’t.

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How’s business? The ABA Journal wants to know. They are surveying lawyers on the job market and the state of the economy. They’ve asked me to mention this on my blog, so here it is:

http://www.surveymonkey.com/s.aspx?sm=9Dhw2g7bX_2bxfq4mW8eB1Cg_3d_3d

Surveys are interesting, but guess what? The job market and the state of the economy have no bearing on your life. Unless you believe it will.

If you believe the economy will materially affect your practice or job, it will. If you believe it won’t, it won’t.

Does that sound naive? Some kind of new age hooey? Well, if you believe that, then for you, that’s exactly what it is. But I have different beliefs. I believe we create our reality. I believe we can choose to be successful in the face of adversity or we can choose to capitulate, wring our hands, and suffer along with everyone else.

It’s our choice.

You can choose personal responsibility. You can choose to be optimistic. You can choose to see opportunity when others see Armageddon. In the Depression of the 1930’s, unemployment was twenty-five percent and millions suffered. But many made fortunes. I guess they understood that periods of great change create opportunities for the status quo to change. Of course that’s also why many previously wealthy people jumped out of windows.

Business philosopher, Jim Rohn, said, “It is the set of the sails, not the direction of the wind that determines which way we will go.” How are you choosing to set your sails?

——-

Update: In case you’re interested, here’s a link to the survey results: http://www.abajournal.com/magazine/14307_lawyers_predict_the_future

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Never, Never, Never, Never give up!

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Where would our world be if these people gave up? Think about these people the next time you’re thinking about quitting.

As a young man, Abraham Lincoln went to war a captain and returned a private. Afterward, he was a failure as a businessman. As a lawyer in Springfield, he was too impractical and temperamental to be a success. He turned to politics and was defeated in his first try for the legislature, again defeated in his first attempt to be nominated for congress, defeated in his application to be commissioner of the General Land Office, defeated in the senatorial election of 1854, defeated in his efforts for the vice-presidency in 1856, and defeated in the senatorial election of 1858. He later became the 16th President of the United States of America.

Winston Churchill failed sixth grade. He was subsequently defeated in every election for public office until he became Prime Minister at the age of 62. He later wrote, “Never give in, never give in, never, never, never, never – in nothing, great or small, large or petty – never give in except to convictions of honor and good sense. Never, Never, Never, Never give up.”

Sigmund Freud was booed from the podium when he first presented his ideas to the scientific community of Europe. He returned to his office and kept on writing.

Robert Sternberg received a C in his first college introductory-psychology class. His teacher commented that “there was a famous Sternberg in psychology and it was obvious there would not be another.” Three years later Sternberg graduated with honors from Stanford University with exceptional distinction in psychology, summa cum laude, and Phi Beta Kappa. In 2002, he became President of the American Psychological Association.

Charles Darwin gave up a medical career and was told by his father, “You care for nothing but shooting, dogs and rat catching.” In his autobiography, Darwin wrote, “I was considered by all my masters and my father, a very ordinary boy, rathe below the common standard of intellect.” Clearly, he evolved.

Thomas Edison’s teachers said he was “too stupid to learn anything.” He was fired from his first two jobs for being “non-productive.” As an inventor, Edison made 1,000 unsuccessful attempts at inventing the light bulb. When a reporter asked, “How did it feel to fail 1,000 times?” Edison replied, “I didn’t fail 1,000 times. The light bulb was an invention with 1,000 steps.”

Albert Einstein did not speak until he was 4-years-old and did not read until he was 7. His parents thought he was “sub-normal,” and one of his teachers described him as “mentally slow, unsociable, and adrift forever in foolish dreams.” He was expelled from school and was refused admittance to the Zurich Polytechnic School. He did eventually learn to speak and read. Even to do a little math.

Louis Pasteur was only a mediocre pupil in undergraduate studies and ranked 15th out of 22 students in chemistry.

Henry Ford failed and went broke five times before he succeeded.

R. H. Macy failed seven times before his store in New York City caught on.

F. W. Woolworth was not allowed to wait on customers when he worked in a dry goods store because, his boss said, “he didn’t have enough sense.”

When Bell Telephone was struggling to get started, its owners offered all their rights to Western Union for $100,000. The offer was disdainfully rejected with the pronouncement, “What use could this company make of an electrical toy.” How many of you have a telephone today?

Rocket scientist Robert Goddard found his ideas bitterly rejected by his scientific peers on the grounds that rocket propulsion would not work in the rarefied atmosphere of outer space.

An expert said of Vince Lombardi: “He possesses minimal football knowledge and lacks motivation.” Lombardi would later write, “It’s not whether you get knocked down; it’s whether you get back up.”

Babe Ruth is famous for his past home run record, but for decades he also held the record for strikeouts. He hit 714 home runs and struck out 1,330 times in his career (about which he said, “Every strike brings me closer to the next home run.”).

Hank Aaron went 0 for 5 his first time at bat with the Milwaukee Braves.

Stan Smith was rejected as a ball boy for a Davis Cup tennis match because he was “too awkward and clumsy.” He went on to clumsily win Wimbledon and the US Open…and eight Davis Cups.

Tom Landry, Chuck Noll, Bill Walsh, and Jimmy Johnson accounted for 11 of the 19 Super Bowl victories from 1974 to 1993. They also share the distinction of having the worst records of first-season head coaches in NFL history – they didn’t win a single game.

Johnny Unitas’s first pass in the NFL was intercepted and returned for a touchdown. Joe Montana’s first pass was also intercepted. And while we’re on quarterbacks, during his first season Troy Aikman threw twice as many interceptions (18) as touchdowns (9) . . . oh, and he didn’t win a single game. You think there’s a lesson here?

After Carl Lewis won the gold medal for the long jump in the 1996 Olympic games, he was asked to what he attributed his longevity, having competed for almost 20 years. He said, “Remembering that you have both wins and losses along the way. I don’t take either one too seriously.”

Walt Disney was fired by a newspaper editor because “he lacked imagination and had no good ideas.” He went bankrupt several times before he built Disneyland. In fact, the proposed park was rejected by the city of Anaheim on the grounds that it would only attract riffraff.

Charles Schultz had every cartoon he submitted rejected by his high school yearbook staff. Oh, and Walt Disney wouldn’t hire him.

After Fred Astaire’s first screen test, the memo from the testing director of MGM, dated 1933, read, “Can’t act. Can’t sing. Slightly bald. Can dance a little.” He kept that memo over the fire place in his Beverly Hills home.  Astaire once observed that “when you’re experimenting, you have to try so many things before you choose what you want, that you may go days getting nothing but exhaustion.” And here is the reward for perseverance: “The higher up you go, the more mistakes you are allowed. Right at the top, if you make enough of them, it’s considered to be your style.”

After his first audition, Sidney Poitier was told by the casting director, “Why don’t you stop wasting people’s time and go out and become a dishwasher or something?” It was at that moment, recalls Poitier, that he decided to devote his life to acting.

When Lucille Ball began studying to be actress in 1927, she was told by the head instructor of the John Murray Anderson Drama School, “Try any other profession.”

The first time Jerry Seinfeld walked on-stage at a comedy club as a professional comic, he looked out at the audience, froze, and forgot the English language. He stumbled through “a minute-and a half” of material and was jeered offstage. He returned the following night and closed his set to wild applause.

After Harrison Ford’s first performance as a hotel bellhop in the film Dead Heat on a Merry-Go-Round, the studio vice-president called him in to his office. “Sit down kid,” the studio head said, “I want to tell you a story. The first time Tony Curtis was ever in a movie he delivered a bag of groceries. We took one look at him and knew he was a movie star.” Ford replied, “I thought you were supposed to think that he was a grocery delivery boy.” The vice president dismissed Ford with “You ain’t got it kid, you ain’t got it… now get out of here.”

Michael Caine’s headmaster told him, “You will be a laborer all your life.”

Charlie Chaplin was initially rejected by Hollywood studio chiefs because his pantomime was considered “nonsense.”

Decca Records turned down a recording contract with The Beatles with the  evaluation, “We don’t like their sound. Groups of guitars are on their way out.” After Decca rejected the Beatles, Columbia records followed suit.

In 1954, Jimmy Denny, manager of the Grand Ole Opry, fired Elvis Presley after one performance. He told Presley, “You ain’t goin’ nowhere, son. You ought to go back to drivin’ a truck.”

Beethoven handled the violin awkwardly and preferred playing his own compositions instead of improving his technique. His teacher called him “hopeless as a composer.” And, of course, you know that he wrote five of his greatest symphonies while completely deaf.

Van Gogh sold only one painting during his life. And this, to the sister of one of his friends, for 400 francs (approximately $50). This didn’t stop him from completing over 800 paintings.

Leo Tolstoy flunked out of college. He was described as both “unable and unwilling to learn.” No doubt a slow developer.

Louisa May Alcott, author of Little Women, was encouraged to find work as a servant by her family.

Emily Dickinson had only seven poems published in her lifetime.

18 publishers turned down Richard Bach’s story about a “soaring eagle.” Macmillan finally published Jonathan Livingston Seagull in 1970. By 1975 it had sold more than 7 million copies in the U.S. alone.

21 publishers rejected Richard Hooker’s humorous war novel, M*A*S*H. He had worked on it for seven years.

27 publishers rejected Dr. Seuss’s first book, “To Think That I Saw It on Mulberry Street.”

Jack London received six hundred rejection slips before he sold his first story.

Let’s end with Woody Allen: “I don’t want to achieve immortality through my work. I want to achieve it through not dying. Eighty percent of success is showing up.”

The message? Don’t ever give up. Don’t let anyone stop you from achieving success. Keep going, don’t lose faith, and don’t ever quit.

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California Bar Journal: “Depression takes a heavy toll on lawyers”. But that’s not why I retired.

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According to a Johns Hopkins University study, lawyers suffer the highest rate of depression among workers in 104 occupations. A University of Washington study found that 19 percent of lawyers suffered depression compared to 3 to 9 percent in the general population. So says the The California Bar Journal, the “official publication of the State Bar of California,” in a May, 2008 cover story.

Depression among lawyers is apparently such a big issue that a third-year law student who chairs the ABA’s Law Student Division, Daniel Suvor, has declared a national mental health day for law students. I don’t know about you, but to me, that’s depressing.

Tim Willison, a licensed clinical therapist who treats lawyers suffering from depression, describes the telltale signs: fatigue, low energy, a sense of being overwhelmed. Willison says, “They may have come to the point they can’t bear to open another envelope from the State Bar, and those unopened envelopes are piling up in a drawer somewhere. They don’t feel they can deal with one more demand from a client. They can’t answer the phone. If they’re at the beach on a beautiful, sunny day, it’s “So what?” They can’t experience pleasure. Nothing is fun. They may have trouble sleeping. There may have been a change of appetite.”

Willison says things are particularly hard on solo practitioners, who besides working long hours, do everything in the office, from making copies to filing papers at the courthouse. And as solos, they are isolated. California Lawyers’ Assistance Program Director, Janis Thibault, believes lawyers belong to a ‘lonely profession’ and have difficulty making connections because of the adversarial nature of their work.

Some readers of this article and these studies may say, “what’s going on, here?” I say, “why is anybody surprised?”

Recent articles about amazingly high attrition rates among lawyers, including those in their first few years of practice, are no longer news. It’s undoubtedly true that many lawyers leave because they can’t get a (high-enough paying) job or make it on their own. One law school graduate actually sued his law school for misrepresenting career prospects. But what’s equally true, and obvious for those of us who have “been there and done that,” is that being a lawyer is a thankless, lonely, and mentally punishing way to make a living, and it’s just not wroth it.

I don’t speak for everyone, of course. There are many happy lawyers. But there are just as many who, while not depressed in the clinical sense, range from disillusioned all the way to seriously unhappy with their chosen occupation. I was one of the latter.

My father is a lawyer. When my daughter recently graduated from college, he encouraged her to go to law school. He had done the same thing with me, and I bit. I knew it was a mistake almost right from the beginning of my career, but it was twenty years before I “got out.” Not surprisingly, I told my daughter not to go to law school. Yes, it’s a good education, but for too many lawyers, practicing law is not all it’s cracked up to be.

By most definitions, I had a successful career. I made money and I helped a lot of people. But if I added up all the pluses and minuses, I would have to conclude that for me, a law practice was too demanding, too stressful, and not rewarding enough. Overhead, employees, deadlines, responsibility, stress, lack of time, ethical compliance, CLE. I’m sure you can compile your own list. I don’t want to sound bitter, because I’m not. My legal career prepared me for who I am, and what I do today, and I am thankful for that. But would I do it over again? No way.

I have on my desk the form to submit to the California Bar formerly tendering my resignation. I was sworn in in 1979, and went “inactive” in 2001 and I’ve had this form for months. I don’t know why I haven’t sent it in. Maybe it’s because I worked so hard to earn my degree and license and build a practice. Maybe it’s because it’s difficult to say goodbye to something that identified me for so many years. The finality and quasi-irreversibility of the act (re-instatement is possible, but difficult) surely has something to do with it. And maybe it’s just ego.

I didn’t even read the letter that comes with the form, until yesterday, when I realized that I’m never going back. I signed the form, put it in the envelope, but still couldn’t mail it! But today, having written this piece and remembering what life was like “back in the day,” I’m ready. Off it goes, formerly closing that chapter in my life.

It feels good. Liberating. The right decision. The only weird part: my father is still practicing.

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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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A short course in attorney marketing (or, how to get back on track when you have lost your way)

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I got an email from an attorney who has lost his way.

"I’m 47 and have been an attorney for 20 years, the last 15 as a solo
practitioner. I bought your referral magic program in 1997 or 1998, and
started using some of its ideas. I’ve made good money over the years, but I
strayed from utilizing your system consistently. Over the last two years, my
client base has dwindled and I do not attract new clients on a consistent
basis. I’ve been stressed about this and to me, the future looks bleak
unless I change the way I’ve been doing things. I want to refocus and grow
my client base and my practice, so that I can count on it for the next 20
years, as I raise my family ( 3 kids ages 13-11-7 ) and plan for retirement.
Can/will you help me get back on track?"

I replied and asked for some additional information. His practice is PI, criminal defense, and divorce. He’s not doing any marketing now, and does not maintain a list of any kind, but he does get referrals from clients, friends, and professionals. He hasn’t thought about goals. He likes being his own boss but admits that if he could make the same money doing something else, he probably would.

He is at a turning point. He needs to get back on track in marketing his practice. That’s actually the easy part. He just needs to be reminded about what he already knows. First, he needs to reflect on where he wants to go with his practice and his life. If the passion is gone, he needs to find it again or admit it’s gone and consider some changes.

Here is the advice I gave him:


BUILDING YOUR PRACTICE

1. Pick one practice area. What do you do best, love the most, have the most success with? As a general practitioner, you’re trying to be everything to everybody. Instead, focus. Specialize. Be the very best at one thing, not okay at several. First thing that will happen is you will now be in a position to get referrals from attorneys who are now your competitors.

2. Target niche markets. You didn’t talk about who you represent and I suppose that’s because the answer is "anybody". A better answer is to target a very specific class of individuals. Be a big fish in a small pond. For example, if you chose PI and your target market was Honduran immigrants, you would eventually seek to become the lawyer most Honduran immigrants think of when they are injured. You would have fewer places to network, advertise, etc., and thus, with less effort and dollars, you could dominate that market. You would be using a rifle instead of a shotgun.

3. You need a list and you need it now. Start building it, adding to it, building a relationship with the people on it. Nurture them, communicate with them, stay in touch with them, educate them, and when they need your services (or know someone who does), you will be the one they will call. You can do this online and offline and I would suggest you do both.

4. If you’re not on the Internet, you need to be. Start a web site (or better, a blog) and start harvesting free (and paid) search traffic. You can "ramp up" your practice very quickly this way.

BEYOND MARKETING

1. You need to know where you want to go. Write out what you want your life to look like five years from today. What are you doing (or not), with whom, where, how. What is a typical day? And no limitations. It can be whatever you want it to be. Want to be retired and traveling? You can do that. Working from home? Investing? Teaching? Or, running a huge practice? In five years (or less) you can accomplish anything. I know. I did it, first with my marketing business and then with another business that now provides me with a six-figure passive, residual income, which means I will never have to work again unless I want to. It took me a few years to do this, working part time. (I’m working with other lawyers who are doing it, too, so if you’re interested, let me know and I’ll get you some information.) Once you know where you want to go, you can set some interim goals to help you get there, but start with the end in mind.

2. It’s supposed to be fun. If you are not enjoying what you are doing, you’re doing it wrong (or you’re doing the wrong thing). You can have it all. Really. Life is not meant to be a struggle, and if you are unmotivated and unhappy, listen to your emotions, they are telling you that you are not going in the right direction, you need to change.

3. I’m going to guess that your kids are your motivation. You want to provide for them, be with them, and make them proud of you. Never forget this. Once you know what direction you want to go, whenever you find yourself not doing what you need to do, remember your kids.

I hope this helps. Please keep in touch.

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