Be normal

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News flash: lawyers are people. Human beings with personal problems, interests, and quirks. We have a lot in common with our bretheren (and sisteren) but we’re also different. 

Different personalities, looks, and styles. Which prospective clients notice, are attracted to, and remember. 

Which is why we all need to embrace our individuality and not try to be like everyone else. We need to be who we are, not who we think our clients want us to be. When we all look and sound alike, nobody pays attention.

We need to be who we are, but normal. Because clients don’t want to hire weirdos. 

Clients want an attorney who looks like an attorney. And sounds like an attorney. Professional, well-dressed, well-groomed, and well-spoken. 

Your headshot photo on your website and marketing materials needs to tell the world you know what you’re doing and are successfull doing it. The car you drive should tell the world you’re no slouch. How you dress, shine your shoes, and conduct yourself from the stage or speaking to clients and prospects and business contacts needs to fit an image that makes people like and trust you. 

You don’t have to hire a stylist or pay big bucks for a photo shoot. Just pay attention to the basics and don’t look like a slob. 

But don’t go the other direction, either. You don’t need $7,500 suits or $400 haircuts. Plastic surgery isn’t a requirement. You want to look your best but not look like you spend (your clients’) money recklessly. 

Perhaps the most important element to pay attention to is your writing. Your articles and blog posts, letters and emails, reports and memos, are often not only the first impression many people see of you, they live on the Internet for a very long. 

Write like a lawyer, but to be understood, not to impress. 

Spell-checking is a must. Grammar-checking and ai can help a lot. You don’t need to be paranoid about your writing or hire an editor for everything, but it couldn’t hurt to have someone look over your shoulder before you hit publish.

Lawyers are expected to write formally, mostly, use upper-and-lower-case words and complete sentences, avoid emojis, and do their best not to sound glib. But lawyers can also be familiar and informal, plain spoken, and down-to-earth. 

Don’t write like a professor or intellectual, unless you’re writing to professors or intellectuals. You can be warm and personable, and have a little fun with your words.

You know, normal. 

And if you want clients to feel comfortable with you and want to speak to you and work with you, you will. 

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Potty mouth

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The other day I started listening to a podcast about a productivity subject that interests me, but I couldn’t finish it. Not because the subject was dry or the content bad but because the presenter couldn’t seem to say anything without infusing it with curse words.

I just wanted to hear about the tools and the process, but every time there was another f-bomb or scatological reference, it was so distracting, I gave up.

I’m not a prude. I’m not strictly against cursing or rough language. But context matters, and when I’m listening to what is supposed to be a professional presentation, about a professional subject, I expect it to be done professionally.

This guy didn’t and it was off-putting. His manner of speaking made him look unintelligent and I judged the value of his content (that I didn’t stick around to finish) as unworthy of my time. It cost him a listener and potentional client.

I’m sure you understand this and don’t do what this fellow did. I know you are a professional and abide by professional standards.

So why am I telling you this?

To make a point about the importance of paying attention to what you say and do in front of clients and business contacts because some of them are judging you and the value of what you offer by what you say and how you conduct yourself.

It doesn’t mater how rough your audience might be, as professionals, we need to operate at a higher level.

Rule of thumb: if you wouldn’t say it in open court, don’t say it on stage or on YouTube.

But cursing is only one area we need to watch. I always have to look over my shoulder when I try to be funny and, too often, come off looking juvenile.

And, as I’ve mentioned before, politics is the third rail of interpersonal communication. Unless you have a political channel or have built your following based on who and what you support, or denounce, do yourself a favor and don’t go there.

Just don’t.

Religion? Lifestyle choices? Even something as seemingly innocuous as which celebrities you like and which ones you wish would stop talking, be careful.

There are a lot of opinionated people in the world and many are ready to “cancel” anyone who doen’t agree with them (especially lawyers, yes?), and you don’t need any of that.

This isn’t about pandering or being excessively timid. It’s about doing your job. It’s about knowing what’s important and what isn’t, and avoiding unforced errors.

I’m pretty sure nobody has refused to hire you because you didn’t curse enough or talk about politics enough. If you have a choice, and you always have a choice, don’t let anything get in the way of doing your job.

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It’s simple

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Building a successful practice isn’t easy. There are no shortcuts or hacks. Even if you have a lot of money and experience, even if you’re very good at what you do and have a great reputation, it takes a lot of blood, sweat, and tears (and years) to build the career and lifestyle I’m sure you want. 

Stop looking for the secret sauce. Success is complicated. 

But it’s also simple. 

Yes, you have to get a lot of things right, but most of those things are small and obvious. You probably do most of them already.

Treating clients like you would like to be treated if you were in their shoes, for example. Being nice. Patiently explaining things. Going the extra mile. 

Simple things like that. 

But there’s a catch. You can’t be complacent. You have to keep doing the little things and you have to continuously improve them. 

Professional services, after all. 

So, here’s your plan: 

Take inventory of every element in your marketing, client relations, and practice management. Brainstorm, talk to your employees and partners, and write down everything you do to get and keep clients and perform your services. Everything you do to attract them, get them to hire you, get them to return, and tell others about you. 

It might be things you already do well but it could also be things that need fixing, or things you don’t do at all. 

It should be a long list. Because success is complicated. 

Next, the part that’s simple. 

Choose something on your list you believe can be improved. Even a little. Because in any business, but especially in professional services, small, incremental improvements can make a very big difference. Attorneys work closely and directly with clients and those who can refer them, and little improvements get noticed. 

All those little improvements compound and help you grow.

So, pick something and work on it. Make it better. Do it faster. Help clients and prospects feel a little better about you and your office. 

Pick something you can improve and improve it. Then, look for something else and do that. 

That’s the plan. And you can start on it immediately. 

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Don’t be an arrogant twat

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According to a search, “the phrase “arrogant twat” is a vulgar British insult combining the adjective “arrogant” (showing an exaggerated sense of one’s own importance) with “twat,” a slang term for a foolish, contemptible, or obnoxious person. It describes a person who is condescending, self-important, and believes they are superior to others, often dismissing anyone who disagrees with them as an idiot.”

In other words, most physicians today. 

Okay, that’s probably an overstatement. Or is it? I’ve had appointments with several doctors in the last year and found most of them to be precisely what’s on the tin (to use another British expression). I’ve also watched a lot of videos about medical issues and nutrition, and found some wonderful professionals but also a lot of jerks.  

This isn’t anything new. I’ve known many doctors over the years, have several in my family, and believe the stereotype is often right on the money. As bad as it’s been before, things are even worse today. For at least two reasons, I think. 

First, doctors have only a few minutes to see patients because insurance companies pay very little per appointment so doctors triple-book patients and see them for only five or ten minutes. They don’t have time for more.

Constant pressure. Overhead. Assembly line medicine. 

The second reason? The Internet. 

Patients have access to an almost endless supply of information online. They read about their diseases and conditions and treatments, watch endless videos, query their favorite ai bot, and talk to friends who followed a different path than conventional medicine traditionally advises. 

And they’re not shy about talking to their doctor about what they’ve heard. 

When every other patient tells a doctor they don’t want to take this medication or follow that treatment, when they question the doctor’s advice instead of being a good little patient and doing what they’re told, nobody should be surprised when doctors aren’t patient and understanding, they just want to write script, keep the insurance carrier happy, and get through their day.

They don’t like like the idea that there are other treatments than what they learned about in med school, or never learned about in med school. They don’t want to hear about how a proper diet can cure a lot of ills and that more pills isn’t the answer.

They know better. 

The genesis of arrogant twatism. 

But surely lawyers aren’t like that? 

No. We’re not. Not yet, anyway. But Ai and YouTube are making it more and more likely that this could change. Our clients will start questioning us, if they haven’t started already. 

So, lawyers need to be prepared. Because when those doubts and questions come, we need to not only be prepared to address them and patiently explain things to our clients and prospects, we need to scrupulously avoid any hint of arrogance. 

I know, it’s hard. But we must. 

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How to increase your legal fees

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When my accountant completed my tax returns last year, he sent them to me for my signature, along with his bill. Everything looked good, except for one thing. His fee was a lot higher than it was the previous year, and that was higher than the year before that. 

And it was a big increase. Almost shockingly so. 

What did I do? 

I paid it. 

I thought about making a stink, even finding another CPA, or at least telling him I wasn’t happy about the increase and asking him why. But I’ve been with him for decades; he does good work and I trust him and I’m pretty sure he saves me more than his fee. And, let’s face it, inflation has been bi-otch for the last several years. 

So I said nothing. 

But the increase still rattled my bones.

So, if you’re thinking about increasing your fees anytime soon, I have some advice. 

First, don’t agonize about it; do what you have to do. Clients understand that the price of everything goes up and that things tend to cost more this year than last. But don’t just send your clients a higher bill—give them a heads up. 

Tell them in advance that your fees are going up and tell them why.

Mention inflation or other factors. If it’s been a while since the last time you increased your fees, mention that, too. And don’t wait so long next time because the longer you wait, the bigger the increase, and the more shock and awe your clients might feel.

Also, do what you can to take care of your most loyal clients. The ones who have been with you for a long time. Consider delaying the increase for them and tell them that. “As one of our most valued clients, we’re keeping your rate the same for the next 3 months,” for example. 

I would have appreciated getting a note from my accountant along those lines. 

In short, show your clients you don’t take them for granted. Put yourself in their shoes and do what you would like them to do if your roles were reversed.

They might be shocked at the size of your next bill, but if you’ve done things right, they’ll pay it. 

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When a prospective client isn’t ready to sign up. . .

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You’re speaking to a prospective client about their case or matter, but they’re not ready to hire you. They tell you they need to think about it. Or say something else that means they’re not ready to say “yes”. 

In effect, it’s a “no”. 

What should you do? 

Many lawyers will correctly say that “no” means “not now”. The client may not be ready to sign up today, because they don’t have the money or don’t want to spend it, their pain or problem isn’t bad enough yet, they have people in their ear telling them they don’t need a lawyer and/or urging them to get more information or competitive quotes, and the list goes on. 

But that’s today, and tomorrow it could be a different answer. Assume that “no” means “not now” and let them go, those lawyers will tell you. If, and when they decide they need you, they’ll let you know. 

That’s the nature of business. You win some, you lose some, and some are delayed by rain. 

Letting them go is your first option. Is it your best choice? 

Other lawyers (and advisors) will tell you that “no” means they need more information or more convincing. You didn’t tell them enough or make things plain enough or urgent enough, and your job, as a professional persuader is to persuade. So get to it. 

Tell them more about the law, the risks of not taking action or waiting too long, why you are the best lawyer for what they need, and everything else you want them to know, so they can make the “right” decision. 

After all, if it’s in their best interests to hire you, you owe them a duty to pull out all the stops and get them to see the light (and other metaphors you could mix). 

So, don’t give up that easily. If you told them once, tell them again. More information, more examples, more stories about clients who made the wrong decision, or the right one. Maybe talk to the person who referred them, or a mutual business contact, and see if they can help. 

Many attorneys agree with this and will at least try to get the client to reconsider. And the client often does. They decided to hire the attorney, wrote a check, and all was right with the world.

So, those are your first two options. Let them go or do more convincing. But there’s a third option, and it’s the one I recommend. 

Your third option is to do for them what you would want them to do if your roles were reversed. If you were the prospective client and not ready to sign up, what would you want the attorney to say or do? 

Here’s what I would want:

I’d want the attorney to tell me they understand I’m not ready and won’t push me, thank me for speaking to them, and ask me what I want them to do. 

Do I want them to send me more information? Follow-up with me next week or next month? Validate my parking ticket?

I’d want the attorney to make sure I knew my options and let me tell them what I want to do.

That’s what you would want, isn’t it? That’s what your (prospective) clients want, too. 

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You’re not just paid for your legal services

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Clients hire attorneys to solve legal problems and deliver desired outcomes. They want our advice and our work product. They pay for our services and the results we get for them.

But that’s not all we’re paid for. 

We’re also paid for the experience we give our clients and, in great measure, that experience is just as important and valuable as the legal work we do and the outcomes we deliver.

It’s true. Airy-fairy as it may sound, clients value how we make them feel when we do what we do. 

Your mom might have told you, it’s the little things that make the difference. 

Little things like showing clients how hard you work to help them and how you give them hope.

A lot of it is in the tone of your voice, the look in your eyes, and the urgency with which you do what you do. The little things really aren’t little at all.

The way you respect them by seeing them at the time scheduled for their appointment (and apologizing if you were even a few minutes late); the way you refuse to look at your phone during your time with them, or the extra time you spend with them (off the clock) when they have more questions or are worried and need you to hold their hand.

And more.

The things you say or do that have nothing to do with your services, like sharing an idea you have that could help their business or telling them about your health challenge to encourage them about theirs. 

Little things, like introducing them to people who can hire them, telling them about a support group you heard about that might have some answers they need or want. 

It all counts. More than we might realize.

When you show clients you care about them as human beings more than you care about their business, you make them feel good about choosing you as their lawyer and good about themselves for overcoming their doubts and fears and taking a chance on you.  

How you make clients feel doesn’t replace the work you do and the results you deliver, but it’s close. 

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How to ethically ask for reviews and referrals

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I have homework for you. You need to research the latest ethical rules and guidelines in your state or jurisdiction regarding asking for reviews, testimonials, endorsements, and referrals. 

Here are three reasons:

  1. Compliance. You don’t want to violate any rules, and since rules change and are often ambiguous, you want as much currency and clarity as possible. 
  2. Educate clients and contacts. You want them to know what they can and can’t do to help you and avoid inadvertently getting you in trouble, or getting themselves in trouble if they are also an attorney or other licensed professional. 

Staying current with the rules and guidelines can not only protect you and your contacts, but sharing those rules and guidelines can make it more likely your clients and contacts will be comfortable providing you with referrals, testimonials, and reviews. 

Which leads to the third and perhaps most important reason for doing this: 

  1. Building connections. Sharing your knowledge about the rules and best practices you discover and practice, not only shows your commitment to the highest professional standards, it gives you a great “excuse” for bringing up this subject—in conversation, in presentations, articles, social media, and in other content—without looking like you’re “always” asking for help.

In short, taking the time to stay up to date with the law and ethical rules and widely sharing this information not only protects you and your contacts, it’s a simple way to build your reputation and bring you more business. 

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Is this the ‘third rail’ of client communication?

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Many attorneys don’t like to talk about their fees and billing practices, and it’s easy to understand why. But it’s obviously important, and avoiding the subject can lead to misunderstandings, unhappy clients, billing disputes, and worse.

So, discuss it you must. 

Here’s a good rule of thumb: don’t wait for the client to ask; tell them everything up front. 

Explain in detail about hourly fees, retainers, and costs, and, and why you do it the way you do. Talk about the pros and cons of hourly rates versus flat fees. Explain how contingency fees work, how they benefit the client, and (if applicable) why you don’t charge the same percentage as other attorneys do. 

If your fees are higher than what other attorneys in your field charge, explain why. Tell them why you ask for a retainer for fees and also for costs, and why you require clients to replenish these when they fall below a certain threshold. 

In other words, tell them everything they need to know. 

Not just because you are ethically required to do so or to avoid clients later claiming you didn’t explain something or misled them. Tell them everything because it’s the right thing to do and because clients will appreciate your candor and clarity.

In fact, you should also provide a (less detailed) version of this information in your marketing materials, presentations, and social media posts. Educate your market about the subject. It might become the very thing that differentiates you from other attorneys and firms. 

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Client retention made simple

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Have you ever interviewed a new client, asked them the name of their previous attorney, and they can’t remember it? 

Yeah. Me too. 

Their previous attorney might have done a decent job for them, and treated them okay, but it wasn’t enough to get the client to return. 

Don’t let that happen to you. Don’t assume that clients who aren’t unhappy will return, let alone give you referrals. 

With client retention, assume nothing.

You need a plan. 

Your plan has to be simple or (we both know), you won’t do it. Or won’t keep doing it, improving it, updating it. You’ll get complacent, and complacency is the enemy of a successful professional practice. 

So here’s what I propose. 

If you don’t already have one, in addition to the case file or a file dedicated to the legal matter for which you are hired, set up a separate file dedicated to the client who hired you. 

What goes in that file? That’s up to you, of course, but I suggest you start with these 4 elements: 

  1. Profile. Everything you know about the client, their business, family, friends, contacts, interests, billing preferences, birthdays, milestones, what they want from you, why they left their former attorney, who they know, their ideal client or customer—everything. 
  2. Notes and ideas. What can you do to exceed their expectations? Future plans, people you might introduce them to, people they can introduce you to, ways you can promote their business or causes.
  3. Diary. Keep a running record of personal communications (not about their legal matters)–what you said, what you sent them, what you did, what went well, what you could improve.
  4. Calendar. In the future, how and when will you stay in touch with them? What will you send them, or tell them, and when? Will you call or email or send postal mail? This is the heart of your plan.

And that’s it.

The plan is simple, but you have to work at it. Review what you’ve done and what’s next. And again, assume nothing.

Pretend the client isn’t a client but is a prospect and you have to earn their business. 

Because they are and you do. 

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