You’ve met with a prospective client, discussed their problem or desire, and explained what you can do to help them, but they don’t sign up. 

They might need to talk to someone, do due diligence about you or your firm, consider their other options, think about your fees and their ability to pay, and… and… the list goes on. 

When they tell you they want “to think about it,” what should you do? 

The answer is simple. Let them. Tell them you appreciate their consideration, you’re available to answer additional questions or provide additional information, smile, shake hands, and ask for their parking ticket so you can validate it. 

Some attorneys do more. They go back over information they’re already provided, remind the prospect about deadlines and urgency, and make the case (again) for choosing them instead of someone else. 

And then, in the days that follow, they call the prospective client and/or email them, and ask if they’re ready to get started.

Following up with prospective clients is smart. It’s good to show them you want their business, are ready to earn it and don’t take it for granted. It’s not good to contact them repeatedly to get them to say “yes”. 

When an attorney does that, they appear desperate. They look like they need the business, which differs from “wanting” it. 

Nobody wants to hire a lawyer who appears desperate. So, when someone tells us they want to think about, we should take the hint. Give them time to consider it.

Don’t leave 32 voicemail messages saying, “Have you decided yet?”

When a client won’t commit to hiring you or doing something you recommend, when they can’t decide, stall, or tell you they “have to think about it,” one of the simplest and most effective strategies you can use to get them to change their mind (and say yes) is to agree with them. 

If you’ve given them the whys and wherefores, made it plain that they need what you offer, instead of pushing them or warning them, let it go. Tell them they don’t have to. 

Because they don’t. Or at least they believe they don’t have to, which is why they have resisted.

When you say “you don’t have to,” however, or something akin to that, e.g., “You can wait” or “It’s up to you,” you’re giving back to them control of their fate.

When you do that, the decision, and the consequences thereof, is back in their hands. Sure, it always was in their hands, but seeing you “give up” and give them “permission” to do what they (they) think they want to do, often leads them to reject that option and decide to do what you previously urged them to do. 

Because it’s their idea now, not yours.

It’s called a “take away” and it’s an effective way to get people to see what they’re saying and change their mind. 

When you take away the idea of signing up with you, they want to. Because people want what they can’t have. 

They had something (the benefits of what you told them you would do for them), you took it away by agreeing that they don’t have to do it, and now, when it’s their choice, their “fear of loss” kicks in and they want it. 

There’s a similar effect when clients see a lot of other clients in your waiting room, attesting that you have something valuable to offer and if they don’t sign up, they may not get it.

This works especially well with a client who is resisting in part because they don’t like being sold. They resist because they think you just want to “get the sale”. When you don’t push,, their resistance lessons, they see that you really want to help them and they wake up. 

Any time you engage with a prospective new client, or an existing or former client about a new matter, there are 3 steps to follow.

First, you need to find out the PROBLEM—what happened and what they need or want. They tell you their situation and you ask questions to find out the details and the solution(s) they’re after.

Second, you explain the solutions you offer—your services, how they work, and how the client will be better off by hiring you (BENEFITS). At some point, you talk about fees, costs, the timetable, and other details they need to know. You also tell them (or remind them) about their risks if they delay or do nothing.  

Third, you tell them what to do to get the solutions and benefits you provide (the “call to ACTION”), e.g., fill out a form, make an appointment, talk to someone, or sign the agreement and pay you, and you ask them to do that (or what they want to do).

All 3 steps can occur during your first meeting or conversation or over a period of time. 

You may also need to provide additional information, answer more questions, respond to objections, talk to another stakeholder, do some research, and follow up multiple times, but ultimately, the path from prospect to client always includes these 3 steps. 

Some steps will be easy, almost effortless. Some will take lots of work and time. But you can’t skip any step, so make yourself a checklist and use it. You’ll be glad you did. 

Usually, prospective clients let you know they’re ready to hire you or tell you why they aren’t. But sometimes, they can’t decide what to do. You can help them by getting them to focus on what’s at stake.

The simplest way to do that is to (a) summarize what they told you they need or want, (b) what you told them about your solutions and benefits, and (c) the risks of waiting or doing nothing. Follow this with something like, “This (your services) seems to be your best option right now. What do you think?”

When they aren’t ready to say yes, you want them to tell you what they’re thinking (questions, objections, fears) so you can respond and try again.

If you have done that but they are still dragging their feet, ask, “Are you just in the information gathering stage right now, or are you serious about (fixing this problem, starting a business, getting this taken care of, etc.?”)

If they’re “just looking” let them tell you that. Hearing themself say this might help them realize they might not get what they want and tell you to get started.  

If they’re serious about solving their problem but still won’t commit, get them to focus on what’s at stake by pointing out what you’re hearing. “It seems like you’re not sure what you want to do” or “It seems like you’re not ready to do this right now” and ask a question that reminds them what is a take:

• “Are you okay with not taking care of this until next year?”
• “Are you willing to accept the risk of X getting bigger/worse?”
• “If you wait, it may cost you a lot more (because). Is that okay with you?”

If they want the benefits you offer, understand the risks of saying no or waiting, but still aren’t willing to commit, let them go. Tomorrow, they may think about what you’ve told them and the fact that you didn’t push them, their fear of loss may kick in and they’ll call you back. 

And if they don’t, you can spend your time talking to prospective clients who are ready to go.  

You’re sitting with a prospective client talking about their case or the services you can provide. You’ve made the case for why they need your help, explained what you will do, talked about fees, answered their questions, and you think they’re ready to sign up.

But you’re not sure. 

What should you do?

One thing you can do is “assume the sale”. Hand them the paperwork and a pen (or stylus) and tell them where to put their name. You might start with an authorization instead of a fee agreement or another document to fill out. 

If they fill it out, they’re saying yes to the dress.

If they have more questions or objections, they’ll let you know.

If you’re still not sure, ask them. “Are you ready to get started?”

It can be as simple as that. 

Actually, it should be. If they need you, can afford you, and don’t need to get anyone’s approval, it should be a done deal. 

So ask. 

“Are you ready to get started?” Or, “Would you like me to get started?” Or, “When would you like to get started?” Or, “Would you like to get started this week or is next week better for you?”

It’s all good.

You’re not asking for the sale. You’re asking what they want to do. If they’re ready, great. If they want to wait, that’s fine (although there are things you can say to get them to reverse course), but the best thing for you to do is to let them do what they want to do. 

Remember, they need you. 

Also remember, nobody likes to be pushed. And pushing makes you look desperate. And you don’t have to push.

Ask if they’re ready. If they’re not, their reasons or objections will tell you what you need to say to help them get ready. 

And there’s nothing better than a client who’s ready to put you to work. 

More than a few lawyers talk themself out of the sale by simply talking too much. 

Not all prospective clients want all the details. Which is why you should give prospective clients the opportunity to sign up immediately, without seeing your entire stable of dogs and ponies. 

You need to give them enough information so they can make an informed decision (and you can CYA), but if you insist on telling everyone everything they “might” want to know, you’ll scare off a lot of clients. 

You know, the ones who tell you they have to think about it. They really don’t want to think about it. They’re just scared.

Which is why you should give everyone the option to get started without hearing all the details. 

Tell them what you can do to help them, assume the sale, and hand them the paperwork. If they have (more) questions or want to see more information, they’ll tell you. 

If you’re not sure, ask them. “Do you want me to get started?” If they hesitate, then you can offer more information. 

Yes, this is easier in person where you can read their body language. It’s easier with contingency cases that don’t require payment up front. But a surprising percentage of prospective clients will not only sign up without hearing all the details, they actually prefer it. 

They want to say yes, so they can get on with their life and let you do what you do. They don’t want to think about their problem any more than they have to, they don’t want to wait for a solution, and they don’t want to talk to more lawyers. 

They want you. Now.

At least that’s what you should assume.