What did I do to piss you off?

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We’ve had the same gardener for the last eight or ten years and we’re very friendly. Last week, out of the blue, something was different. My wife greeted him as usual but got little more than a grunt in return.

My wife was puzzled. Marcos is usually very talkative and engaging. Now, he wouldn’t even look her in the eye.

My wife thought she might have said something that angered him. Maybe he was disappointed with his Christmas bonus. Whatever it was, she’s been on edge all week, knowing that this morning she might have to have it out with him.

He’s here now. My wife just came back in the house. She talked to Marcos and he was his usual jolly self. No problems. Everything is fine.

Last week? He was probably just having a bad day. Or didn’t feel well. Whatever it was, he’s over it now.

But here’s the thing–when you’re having a bad day, you can’t let your customer know it. Especially if you make the customer think she may have something to do with it.

How about you? Do you let your clients know it when you’re having a bad day? If you can’t hide it when you’re in a bad mood (or worse), you shouldn’t talk to clients. Have someone else do it until you recover.

But here’s the other thing–you can’t let your employees see you like that either. You may think that because you pay them you can let your guard down. Not a good idea.

Your employees need to see you at your best. It’s not fair to saddle them with your burdens. If you’re having an off day, it’s okay to let them know, maybe ask for some time, but even if they know it has nothing to do with them, nobody wants to be around Mr. Grumpy Pants all the time.

Putting on a pleasant face comes naturally to my wife. If she’s upset about something or having a bad day, you would never know it. When she went to talk to Marcos this morning, he never knew there had been an issue.

Me? I have a harder time hiding it. That’s why I did my best to hire naturally upbeat people. Then I married one of them.

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Do you know what your client knows?

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When I opened my first law office shortly after law school, I volunteered one day a week at a legal clinic. I got some experience dealing with real people and I got a few paying clients.

Most of those clients were family law related. I had filed a few uncontested divorces but knew nothing about the grittier aspects of family law. A friend of mine from law school was also working there and I told him I thought I was in over my head. He told me not to worry, the clients would point me in the right direction.

The clinic’s clients were poor, mostly women, and mostly those who had suffered through bad marriages and abusive husbands. They had first hand knowledge of the concept of “domestic violence”. They knew what it meant to get a restraining order. They knew what they had to prove because they had either gone through the process before or they knew women who had. Sure enough, they pointed me in the right direction. In fact, many of them brought the correct court forms with them.

I learned a lesson that day. I learned to never assume anything about what my client did or did not know. True, most clients don’t know what we lawyers do, but some do.

Today, because of the Internet, many prospective clients know a lot about the law. They read articles and blog posts. They chat with others in forums. They watch or listen to seminars. When you talk to them, it is dangerous to assume that they don’t know anything. But it is equally dangerous to assume that they do.

The best course is to make no assumptions. Ask questions and find out what they know:

  • Do you have any experience with this issue?
  • Have you talked to any other attorneys about this?
  • Is this your first claim?
  • What are you looking to accomplish?

Listen to their answers. Listen to their questions. Also, pay attention to what they don’t say and don’t ask.

Many prospective clients today have incorrect or incomplete information. They think they know the way things are and their expectations are based on what they “know”. This is when you have to be especially careful. You have to help them understand the ways things really are without making them look bad or feel embarrassed.

On the other hand, sometimes clients know things we don’t know. They’ve lived with an issue longer, dug a little deeper, found the loopholes. We must never assume that because we went to law school and they didn’t that we are right and they are wrong. If they can point you in the right direction, let them.

Never make assumptions about what your clients know. Or about what you know.

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Do you charge wealthier clients higher fees for the same work?

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According to the Wall Street Journal, the Staples website quotes different prices for the same merchandise based on where the user is located when he visits the site. Staples said this is based on how close the visitor’s location is to a competitor’s store and various costs of doing business, but it appears to also be based on the customer’s ability to pay.

In New York, for example, certain products are priced higher in the boroughs of the Bronx, Manhattan, and Staten Island. By contrast, the same items sell in Brooklyn and Queens at a discount. These price differences come despite no more than 20 miles separating any two locations.

In other words, a Manhattan resident would save money on an item simply by driving to Queens and making the purchase there either online or through a mobile device.”

Apparently, this is not an uncommon practice among retailers.

It’s not illegal but is it “fair”? More importantly, is it smart business?

I think it is smart, and also fair. The retailer is entitled to charge whatever the market will bear. It’s called “free enterprise”. Where it gets dicey, however, is when customers learn about these practices and object to them. A retailer may win the pricing battle but lose the loyalty war.

Of course a savvy customer who knows about this practice might play the pricing game, logging onto web sites from different locations, to see which one gives him the lowest price.

Anyway, I got to thinking about this in terms of legal services. Is it smart business for a lawyer to charge different fees to different clients based on their ability to pay? From a business standpoint, I say why not?

If your clients don’t know (and there are no legal or ethical restrictions on doing so), why shouldn’t a lawyer be able to charge what the market will bear? Some attorneys routinely do precisely that. They size up a new client by their clothing or car or occupation and quote a fee commensurate with what they think that client can afford.

I can’t recall ever charging a client a higher fee because I thought he could afford it, but in looking back, had I thought about it, I probably would have. I sometimes charged clients lower fees, either because I wanted to help them out or because they were steady clients and I wanted to reward them for their allegiance. If there’s nothing wrong with this, there should be nothing wrong with charging some clients higher fees. Of course, by definition, charging some clients less means some clients are being charged more.

What do you think? Is there anything wrong with charging some clients more than others? Have you ever done it? Please share your thoughts in the comments.

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Christmas cards are for wimps

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When was the last time you wrote your clients?

No, I don’t mean sending a Christmas card, the same one you send to all your clients. I mean a real letter. With real words, not a holiday sentiment written by someone else.

A letter from you (not your firm), not to promote anything, or remind them to update their Will or do their fourth quarter Minutes. Just to say hello. Or to send them an article you thought they might like.

I know, you’ll get back to me on that.

Not long ago, this might have been a big project. Expensive, too. You don’t have that excuse today. Email makes it simple, and virtually free.

If you don’t have an email list for your clients, you need to. Make this your numero uno marketing project. At the top of your list. With a gold star and three exclamation points!!!

Because if you don’t, you won’t write your clients, at least not as often as you should. And if you do, you will have a mechanism for “fundamentally transforming” your practice. English translation: make a boat load of money.

An email list, and regular contact with it, to your clients, prospects, and professional contacts, is critical today. You want repeat business? Stay in touch with your list. You want referrals? Stay in touch with your list. You want traffic to your web site? Stay in touch with your list. All you need is a few minutes to write something and then click a button to send.

That’s the easy part. The hard part? Wanting to do it. See, I know you want the business. What I don’t know is if you believe me when I tell you that this is one of the best ways to get it.

If you’re afraid they don’t want to hear from you, you’ve got to get over that. Send them something interesting, valuable, or inspiring, and they will be glad you wrote and look forward to your next message. Stay in touch with them and when they need your services or know someone who does, they won’t go to a search engine to find a lawyer, they’ll go to their email inbox and find your number.

Lawyers are complicated. Marketing is simple.

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How to piss off your clients

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We had a repairman to the house to fix our dryer. It’s a family owned company and we’ve used them before.

The repairman diagnosed the problem and said he had to order some parts. It would be a couple of days. No problem.

Then, out of the blue he asked my wife what kind of car she drives. Weird question. She told him. He asked her where she gets it washed. Weirder, right?

It turns out his kid’s school was holding a car wash as a fund raiser. He asked my wife if she would help out and buy a ticket. It’s only ten dollars. And then he stood there waiting for her to answer.

Awkward.

My wife said she felt like she was being pressured and she didn’t like it. She got the feeling that if she didn’t buy a ticket, the guy would mess up the repair or find something else that was wrong so he could jack up the price.

Why on earth would you do this to a client? Make someone uncomfortable like that. Feel guilty if they said no. It might be okay to hand out a flier, but to stand there staring at a client, waiting for them to buy is really bad form.

I don’t know how many tickets he sold that day but it wasn’t worth it. People are funny when it comes to money. I’m sure his employer got more than a few complaints.

When your kid’s school is having a fund raiser (bake sale, magazine sale, girl scout cookies, etc.), don’t strong arm your clients. Most people won’t complain. They just won’t return.

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What your veterinarian can teach you about marketing legal services

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A couple of weeks ago, our cat had a thorn stuck in his paw and was limping. We took Seamus to a new vet, someone we’ve never visited before. She removed the thorn and gave us antibiotics for the infection. She called a few days later (personally) to ask how Seamus was doing. (He’s fine.)

Did the vet call to protect herself against possible liability? I’m sure that’s part of it. Would she have called if we had come in for a check-up and nothing was wrong? I don’t know. What I do know is that getting that call meant a lot to us.

When your clients leave your office, do you call to find out if they’re okay? You should.

See how they’re doing. See if they have any questions. See if there’s anything else you can do for them. And while you’re at it, thank them again for choosing you as their attorney.

Do this yourself if possible. At the very least, have someone from your office call. It only takes a minute and yes, you can leave a voice mail.

If you want to convert a first time client to a lifetime client, you need to get the little things right. In a professional practice, the little things are the big things.

Marketing legal services is simple, if you know The Formula.

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Why lawyers should target clients who WON’T hire them

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Are you planning to upgrade to Windows 8? I’m not. At least not right now.

I use Vista on my PCs. It’s not the most feature rich or trouble free, it’s certainly not the fastest, and in no way would anyone say it’s the best OS. But it works. So why switch?

If I switched, I might find that like any new software, Windows 8 has bugs or conflicts or other issues that cause me headaches. Why take the chance? I remember thinking the same thing when Windows 7 came out.

So, for now, I’ll stay where I am.

Guess what? It is this same mindset that keeps your clients from “upgrading” you. They’re used to you. You’re working. You may not be the best, but they don’t want to risk switching because your replacement could be worse.

So unless you’ve screwed up, your clients will probably stay with you. If you haven’t neglected your clients, they’ll probably return. Inertia keeps me from upgrading my software and it keeps clients from “upgrading” you.

But what works for you also works for other attorneys. Their clients will also stay put. So, if your marketing strategy is based on getting clients to switch firms and hire yours, you’re going to have a tough time of it.

However. . .

Eventually, some of those those other attorneys will screw up. At that point, their clients will be open to hiring another attorney. You should be there when that occurs.

But how do you do that? How do you get in front of prospective clients at precisely the moment when they are again “in the market” for a new attorney?

You have two options:

1. Advertise. Keep your marketing message in front of your target market. When someone is ready to change lawyers, they may (finally) notice your message and respond.

2. Build relationships. Network with prospective clients in your target market, even though they are happy with their current attorney. Be “number two” on a lot of lists and when “number one” screws up, dies, or retires (or has a conflict of interest), there you’ll be.

There’s a lot of money to be made signing up clients who are ready to upgrade their attorney. Just make sure your version is bug-free.

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What do you do when you f****d up?

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The other day an attorney asked me, “What do you say to your client when he says “you f***d up and I’m not going to pay you?”

I told him that if he did do something wrong, the answer is easy: admit it, fix it, and be prepared to offer a refund.

Don’t blame others for your mistake. Be honest about what you did or didn’t do. Your client will understand and respect you for admitting it. Then, do whatever you have to do to fix the problem.

The good news is that when you do the right thing after making a mistake, when you fix things to your client’s satisfaction, they often feel a stronger allegiance to you. You didn’t try to hide it, you took responsibility and respected them enough to admit your mistake. And, of course, you fixed the problem.

Even if the problem cannot be fixed, if you bite the bullet and offer to pay compensation, most of the time you can save the relationship. So when you mess up, see it not so much as a problem but an opportunity.

Of course the next thing you need to do is to figure out why you made the mistake and make sure it doesn’t happen again. Ask yourself some questions:

  • Are you taking on too much work?
  • Are you taking on work outside your core competencies?
  • Are you promising too much or too soon?
  • Would a checklist help?
  • Could you get someone to help you?
  • Are you allowing enough time to review your work before the deadline?

The most successful people in the world often attribute their success to having made more mistakes than anyone else. They learned from those mistakes and got better at what they do. Don’t be afraid to make mistakes or admit to them. Use them to get better.

But we’re not done with the subject.

What do you do when a client blames you and accuses you of making a mistake you did not make? Clients often blame their lawyer when they don’t get the results they want. Do you have to take the hit?

Not at all. When you aren’t at fault, stand firm. Show the client that you did everything you were supposed to do, everything you could do, and that whatever happened was the result of something outside of your control. If the facts are on your side, and you handle things firmly and respectfully, in time, most clients will see the light. Often, they will apologize.

But we’re still not done.

You will have far fewer unhappy and ready-to-blame-you clients by managing your clients’ expectations at the beginning of the case, rather than trying to explain things at the end. Clients need to acknowledge, before you take their money, that:

  • You don’t promise results of any kind (other than best efforts)
  • They understand the risks and contingencies you have spelled out for them
  • They have declined certain options or a course of conduct you have recommended
  • They know what you will do for them and also what you will not do

You can’t be so heavy handed about this that you scare the client off, but you do need to make sure the client understands, from the beginning, what to expect of you and their case. Then, if something goes wrong, it will be clear that you are not the one to blame.

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What do you like best about practicing law?

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“What do you like best about practice law?” I was asked that 1,000 times when I was practicing and I’m still asked that today. I’m sure you are, too. My standard reply is that I liked helping people and I liked making money, and that’s the truth. That’s why I went to law school, after all.

Do I like the title or the prestige of being a professional? Actually, it’s not important to me. When I’m introduced to people and they find out what I do [did], something changes in the dynamic and while sometimes it’s a good change, just as often it’s not. I can’t put my finger on it but I’m sure you know what I’m talking about. They look at you like you’re not a regular person. They become guarded, as if you’re going to ask them some tough questions and find out their secrets.

What about the work itself? There were some things I really enjoyed and some things I despised. Most of what I did I found boring.

But that’s me. How about you? What do you like best about what you do?

Make a list of all of things you do as a lawyer, and all of the things that being a lawyer means to you. Write down the big things and the little things, about the work, the people, the challenges and the rewards. Look at your calendar, look at the files on your desk or in your computer, look at how you spend your time.

Write down everything and when you’re done, look at your list and put a star next to the things you like best about what you do. And then, focus on those things.

Do more of what you like. The rest–the things you don’t like or the things you are bored by–don’t matter. Eliminate them, delegate them, or just do them, but focus on the things that you do like.

In my case, I focused on the people. My clients. Much of the work may have been routine and boring, but the people never were. They were unique. Every one of them. I enjoyed meeting them and finding out about their lives. I enjoyed explaining how things were going to get better for them and then helping make that happen. I enjoyed delivering the results and watching them smile and say thank you. And I enjoyed getting calls from their friends who had heard about me and wanted me to help them, too.

That’s what I enjoyed and that’s what I focused on. It made everything else, all of the things I didn’t like, relatively unimportant. It’s also what made my practice grow.

Whatever we focus on grows. By focusing on what you like about your practice, you will create more of it. Focus on your problems and you’ll have more of them. Focus on what frustrates you and you’ll have more to be frustrated about it. Focus on what you love, what gives you meaning, and you will create the life that you want because you will be doing more of what you want.

You don’t have to know how it works, just know that it does work, and do it.

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Good news: your clients don’t want to leave

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If a client leaves and hires another attorney to replace you, the odds are you’ve screwed up big time. Sure, they leave for other reasons but generally speaking, clients would rather stay with the devil they know (that’s you) than take a chance on the devil they don’t.

They don’t want to take the time looking for another attorney, or take the risk. The next attorney could turn out worse, and then what? It’s easier to stay where they are, even if they’re not crazy about you.

It’s like the story about the old hound dog sleeping on a nail poking out of the floorboards. “Why doesn’t he get up off the nail?” his owner is asked. “Doesn’t it hurt?” “Sure it hurts, just not enough.”

So that’s the good news. You don’t have to be that nice to your clients to get them to stay. You don’t have to smile or show them you care. You don’t even have to be competent (as long as the client doesn’t figure this out). Just don’t treat them like crap.

Of course you would be a fool to set the bar this low. Clients may stick with you because it’s easier than replacing you, but will they come back? Will they give you referrals? Will they Like your page or tell their friends about your web site or seminar?

Your clients may not leave because the nail doesn’t hurt enough, but once their case is done, they’ll find another place to take that nap.

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