How to be more persuasive in your writing and speaking

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When I was in law school I helped a friend with her divorce. I prepared the Petition (yes, under supervision) and served it.

In those days, even though there were no children or real property and the matter was uncontested, she had to appear in court. I went with her to the hearing in downtown Los Angeles and we waited in the hallway for the courtroom to open.

I’d never seen my friend so nervous. She had never been in a courtroom and was afraid she wouldn’t know what to say. I told her this was a very simple case, the judge would ask a few basic questions and everything would be over in a few minutes. I kept talking, trying to calm her down, but nothing seemed to work. She was visibly shaking and barely able to speak.

Finally, I said, “Oh, here comes the judge.” I was looking over her shoulder behind her. She turned to look. Coming towards us was a shabbily dressed old man with dirty, unruly hair and an unshaven face. It was not the judge of course but a homeless man and the sight of him shuffling down the hall made her laugh.

A good laugh was exactly what the doctor ordered. My friend was able to get through the hearing and soon, we were on our way home.

In the car, she thanked me for helping her and especially for helping her to calm down enough to get through the hearing. It meant a lot to her that I cared enough to do that. We are still very good friends today, more than thirty years later.

So, why did I tell you this story? I could have simply made the point that your clients want to know you care about them and really do appreciate the little things you say or do.

Telling you that story was a better way to make that point, don’t you think?

I talk a lot about using stories in your writing and presentations. You’ve often heard me say, “facts tell but stories sell” and I’ve explained why:

  • Stories have people in them and the reader or listener can relate to them and their experiences.
  • Stories have a dramatic theme; people want to know, “what happened next?”
  • Stories have verisimilitude; they “show” instead of “tell,” and are often more persuasive than a logical argument
  • Stories appeal to human emotion. When you make people feel something, you connect with them on a deeper level.
  • People remember stories long after the facts are forgotten.

As you read my story, I hope you were you able to see my friend and me in that hallway and you could relate to the experience of trying to comfort a nervous client. If you could, then my story did double duty–it made the point about showing clients you care and it showed you why you need to put more stories in your writing and presentations.

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How to get fence sitters to pull the trigger

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Yesterday, I talked about using a special offer to get prospects on your list to hire you instead of another attorney. But what if they’re not ready to hire an attorney? How can you persuade them to do so?

Send them to school.

In your blog posts, newsletter, seminars, and private conversations, you must educate people about why they need an attorney, and why it should be you.

If they don’t know they have a problem, they’re certainly not going to do anything to resolve it. If they aren’t aware of the seriousness of the problem and the potential consequences, they still may not do anything. And if they don’t know the options that are available, they may think they don’t have any.

Your job is to continually make them aware of these problems and your solutions. But you can’t simply tell them, you have to show them, by telling them stories

My eighth grade history teacher made history come alive by telling stories about the people who lived it. Hearing about George Washington’s life, his struggles and victories, we not only learned about that period in our nation’s history, we were affected by it. We not only understood what it was like, we felt it.

If your prospects don’t feel something, if you simply deliver a steady stream of facts, they will eventually tune out. The facts are boring. Talk about people.

Pepper your messages with stories about people who are similar to your prospects. Give them a face and a name if possible. Describe their background. Talk about their problem and the pain it caused them. Or about the opportunity you helped them take advantage of. And then, talk about how this relief from pain or pleasure from gain. . . made them FEEL.

Because if you want your reader to do something (i.e., hire you), you have to transfer to them the feelings of other people who were in the same boat.

If you are allowed to use testimonials, do so. But a well told story can achieve almost the same effect.

But wait. You’re not done. In addition to stories of relief from pain or achievement of gain, you need to tell stories about people who didn’t take action, or took the wrong action. They did nothing, and lost. Or they delayed and missed out. Or they hired the wrong lawyer and wound up worse than when they started.

Success stories and tales of disaster. You need both.

And yet they still may do nothing. Why? Because. . . they don’t want to.

In “The Seven Reasons Prospective Clients Don’t Hire an Attorney,” I said that of all the reasons people don’t hire an attorney the most difficult to overcome (and the most frustrating) is, “No Want.”

If they don’t want it, they don’t want it. Why is that? I really don’t know. And as the late Jim Rohn used to say, “I wouldn’t enroll in that class.”

Keep them on your list. Continue to educate them. Keep telling them stories. One day, they may see the light. Maybe when someone they know encounters the very issue you’ve been warning them about. It’s like people who won’t do any exercise or quit smoking until their brother or best friend drops dead of a heart attack. That’s a story they can’t ignore.

In the mean time, don’t worry about it. Focus on the “easy to get” clients.

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An easy way to improve your marketing results

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I’ve got good news and bad news about your marketing. Which would you like first?

The bad news? Okay. Here it is:

Most of what you write in your marketing–articles, letters, blog posts, emails–will never be read by the recipient. Even worse, most of the people who do read it won’t take action. They won’t call you for an appointment, Like your page or forward your email.

Most of the writing you do for marketing purposes is wasted effort.

The good news is that this is easy to change.

You can get more people to read what you write and do what you want by getting better at writing, or, more specifically, copywriting–writing that is designed to get a response.

You can subscribe to blogs that focus on copywriting. Learn a tip every day and start using it. There are many books and courses, too. (In the legal realm, check out my own, Lawyers’ Marketing Toolkit).

You can study good copy. The books and courses will supply you with examples, and point out what makes them good and what needs to be improved. You can also find good copy online and in your mailbox. When you read something that gets you to take action, save it and study it.

You can re-write good copy. Take proven sales copy and re-write, ideally by hand, to get a sense for the rhythm of the words and the “staging” of the information.

And you can practice. Write and re-write your letters and articles, constantly seeking to improve them. Over time, you will get better.

Pay particular attention to your headline, opening, offer, and call to action.

The headline (email subject, report title, etc.) is critical. It must capture the attention of the reader and make them curious to read more. If you don’t accomplish this, it won’t matter how effective the rest of your message might be, or how enticing your offer is–nobody will see it.

The title of this post is a good example. It promises a benefit I believe you want: an easy way to improve the results of your marketing. It made you curious to read the post or the email, as you are doing that right now.

Once you get the reader’s attention with your headline, your opening must continue the job. I did that by promising you “good news and bad news”. This is one of many effective openings.

I spoke with an attorney this morning about a sales letter he is preparing to send to his estate planning clients. He wants to get them to come in for a review. I suggested a “bad news/good news” opening and that’s what he’s going with. It works.

I also suggested the following formula for the body of his letter:

  1. Problem (The bad news–what could be wrong with their estate plan or the execution thereof).
  2. Agitate (What could happen as a result. Tell stories about clients who thought everything was okay but found out otherwise. What happened to them? What did it cost?)
  3. Solution (The good news–it’s not difficult or expensive to fix the most common problems you see. An amendment or two, an extra step, a few instructions to carry out.)
  4. Benefits (What they get or avoid as a result of this solution. Peace of mind, security, savings, etc.)
  5. Call to action (Tell them what to do get the solution and benefits. Call for an appointment, send in a form, go to a web page.)

Copywriting can be learned and it’s well worth the effort. Not only can it improve your marketing results, it can help you become a better lawyer. Copywriting is “salesmanship,” something you can use anywhere else you need to persuade people to act.

I used to “write like a lawyer” and taught myself how to write to sell. It is a skill that has earned me a fortune.

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Success in legal marketing is yours for the asking

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Marketing your services is so much easier when other people help you. And help you they will. All you have to do is ask.

So ask.

Ask for referrals. Ask for introductions. Ask for advice from other attorneys. Ask your clients for information about your target market. Ask people to Like your Facebook page. Ask people to forward your newsletters and recommend your seminars. Ask clients what you can do to better to serve them and ask prospects how you can win their business.

Ask and ye shall receive. Seek and ye shall find.

Often, attorneys have trouble asking for help for themselves. They have no problem asking a judge or jury for relief for their client but when it comes to asking people to help them, they get uncomfortable. Their ego gets in the way. They think it makes them look weak. But the opposite is true. Asking for help is not a sign of weakness, it’s a sign of confidence and strength.

And people want to help you. It makes them feel good to do it. It makes them feel appreciated and important. You flatter them when you ask.

Don’t you feel good doing favors for others? You know you do. You like being asked and you like being able to help. It feels good when someone says, “thank you”. So look at asking for help as an opportunity to make others feel good.

Now, I want you to do me a favor. I want you to ask someone for help today and let me know what happens. It will make me feel good to know that my advice worked for you. So will you do me that favor? Thank you, I appreciate your help.

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My political views finally revealed (not)

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When I first got stated on Facebook, one of my “friends” posted an incendiary political comment on my wall. In response, friends with opposing viewpoints took him on. Back and forth they went, telling each other in heated tones who was right. Others joined in. Soon, a full blown flame war was taking place.

It was great theater.

I let the two sides go at each other for while and I stayed out of it. No way was I going to get involved in that mess.

And then it really got ugly.

The original poster starting insulting people. Despite repeated requests by the majority to curtail the invective and stick to the issues, he continued his name calling. The more he was asked to tone things down, the worse he got. I had no choice but to remove him as a friend.

Even though this was an extreme situation, it reinforced the notion that discussing politics in public is not a good idea. Unless you are certain that everyone in “the room” is of a like mind, you’re just asking for trouble.

If you’re a professional or in business, your political views should not be posted on social media. Why risk alienating half of your friends and followers? Even when the discourse is civil, political postings provide an insight into your thoughts that can drive a wedge between people who might otherwise get along just fine.

I have political views. Not a day goes by that I don’t feel like posting my opinion about one thing or another, or re-posting what someone else has said.

I’d be nuts to do it.

So I bite my tongue. And save it for a private conversation.

It’s called being in business.

I have many friends on the other side of political aisle. We like each other. We do business together. We can talk about almost anything.  But not politics. We don’t go there.

In business, you can’t go there.

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LinkedIn: The number one social media platform for attorneys

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I’ve said before that if you’re new to social media you should start with Twitter. Reason: you only need to fill out one paragraph of information to set up your account. Your profile on LinkedIn, by contrast, requires more effort.

LinkedIn is important for attorneys because it serves as a sort of online CV. In fact, many professionals link to their LinkedIn profile precisely for that purpose. Your profile helps prospects and other professionals quickly assess what you have done for others and thereby see what you can do for them.

As LinkedIn develops, it is also becoming a platform for meeting and engaging others. Their forums are a great way to find and connect with other lawyers, as well as prospective clients and referral sources (or employers).

And LinkedIn is all about business. Unlike Facebook, you won’t have to wade through photos of your friend’s kids or cats, or listen to updates about their most recent meals. In fact, one writer is predicting that LinkedIn will survive Facebook precisely because it is dull and business-like.

But while LinkedIn may be considered dull, your profile need not be. You aren’t limited to posting only the facts about where you have been and what you have done. You can add personality to your profile, and well you should.

As much as your capabilities, people want to know about you, the person. Give them a sense of what it would be like speaking with you and working with you:

What motivates you to do what you do? What kind of movie or book character do you identify with? What is your mission?

If you don’t yet have a LinkedIn profile, don’t let the volume of information requested, or its importance, stop you from getting started. Fill in the basics today. You can add more tomorrow. You can use this brief tutorial on optimizing your LinkedIn profile as a starting point.

A lawyer’s bio is the most important part of his or her social media profile and web site. Use it to tell people your story, not just the facts. Facts tell but stories sell.

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How I studied for the Bar exam and how I use those skills today

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The other day I found the outline I used when I studied for the Bar exam over thirty years ago. It was from a Bar review course I had taken, a single “mini-outline” that condensed eight volumes of study material into one paper-bound book.

I remember the process I followed to study for the exam. I went through each of the eight subject volumes, all of my notes, practice exams, and handouts from the review course (and anything I had saved from law school), distilled everything to what I considered essential and re-wrote this in my “mini-outline”.

There was plenty of white space for additional references, notes to myself, case citations, and examples that I wanted to remember. When I was done, I was able to put everything else aside and study just from the mini-outline.

Of course I learned most of what I needed to know not from studying the mini-outline but through the process of creating it. In deciding what to include in the outline, I had to read everything with a critical eye. I couldn’t just read everything as we typically do when we study, I had to think about what I was reading and make decisions about what it meant.

“What is the essence of this idea?” “Is it essential or tangential?” “How does this fit in with what I already know?” “How would I illustrate this?” “What is the opposing or minority view point?”

I didn’t think about it at the time but I was essentially doing research (my study material) for a paper (my mini-outline). I had to read like a writer, not a student.

Next, I went through the mini-outline with a hi-lighter and then again with a red pen. I circled key phrases, drew arrows from printed notes to my hand-written examples, and otherwise marked up my outline so that after several times through it, I had mastered it.

I remember during the exam itself, when I needed to recall something, I was able to see in my mind’s eye the actual page in my mini-outline where the information was written. I could see the yellow hi-lights and red arrows, what was at the top of the page and what was below. I could see and “read” my hand-written notes.

I had spent so much time creating the outline and studying it, I had all but memorized it. It was as if I had the book with me in the exam room.

There was something else I did to prepare for the exam. I knew I needed to have all of this information in my head, but I also needed to be able to “output” that information. We study for exams by reading but exams are taken by writing, so I knew I had to do as much of that as possible.

I took lots of practice exams. This helped me to discover where I might know something but not be able to express it. Or I had memorized something but really didn’t understand it. I could then go back and fill in the blanks and add those notes to my outline.

There was something else I did to prepare for the exam. I created, from memory, a one-page outline for each of the eight subjects. This really showed me what I knew and what I only thought I knew. I then re-wrote my one-page outlines, adding the material I had not been able to write from memory in red ink. When I was done, I had an “outline of my outline” and was able to study from those eight pages.

For good measure, I then wrote a one page outline of those eight pages. It was a summary of everything I had studied, reduced to a single page. There wasn’t room for details, and that was the point. While it didn’t really add anything to my body of knowledge, it was inspiring. “Everything” I needed to know was on one piece of paper.

I felt completely at ease during the exam. It was almost too easy. I was delighted when I got the news that I had passed, but not surprised. I knew the material and I was able to “output” what I knew onto the printed page. All of my preparation had paid off.

Today if I was studying, I would use “mind maps” to create a visual depiction of the information and how it fits together. It’s a better way to outline because it groups things organically, the way your mind sees them, instead of artificially forcing that information into linear order.

The process I used to study for the Bar exam has helped me over the years. I have used it to prepare litigated cases and in marketing. I use it in writing, preparing course material, and in live presentations. I often write first drafts “to see what I know”. I distill large quantities of information into shorter summaries. I outline my outlines.

For your next presentation, brief, report, or trial, when success is predicated on explaining and persuading, take what you know and distill it to its essence. Practice your presentation to see what you know and what you need to improve. Make an outline and re-write that outline until you can recite it from memory.

The job of an advocate, writer or presenter (or test taker) is to make things so clear that the listener or reader cannot possibly misunderstand. You don’t need to be brilliant or a gifted writer or orator to accomplish this. But you do need to know your material.

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How to find out what your clients want (so you can give it to them)

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Attorneys ask a lot of questions. We ask to find out what our clients want and need so we can prepare the right documents. We ask questions through discovery, to avoid surprises, develop a strategy, and gain an advantage. Questions are how we tell a story in the courtroom or negotiate a settlement in the hallway. Questions are even how attorneys answer questions they don’t want to answer.

We’re good at asking questions.

We know when to ask open-ended questions and when to ask leading questions. We know how to question a hostile witness, an expert witness, and our own client. We know when a question is proper and when it is objectionable.

All day, every day, we ask questions in our work. Why don’t we do the same thing in our marketing?

Your clients and prospective clients can tell you what you need to do to grow your practice. They can tell you what you need to say to get them to say yes. They can tell you what you need to do (or not do) to make them happy. They can give you information you can use to improve every aspect of your practice.

All you have to do is ask.

You can ask about the specific handling of their case, what they liked best in your latest newsletter, or how they were treated when they called to make an appointment.

You can ask what topics they would like you to write about in your newsletter, whether they are interested in other services you’re thinking about offering, and whether they think your fees are too high, too low, or just right.

You can ask them what you did well for them, and where they felt you could have done better. You can ask which headline they like best, which blogs or magazines they regularly read, or whether they want paper copies mailed to them or if email is just fine.

You can ask in person or over the phone, through email or online surveys and polls. You can ask directly or, for more honest feedback, let them answer anonymously.

You can ask anything, and they will tell you, and what they tell you could be worth a fortune to you.

What if you have always assumed your clients wanted updates only when there is something important to report but in reality, most of them want to hear from you every month? What if you’ve been writing about how to avoid infringing on others’ patents but they want to know is how to minimize employee lawsuits? What if you have always assumed your receptionist is doing a good job but half of your clients think he is rude?

And guess what? People like being asked. They like giving their opinions and they will appreciate you for asking. It tells them that you care about what they think, and that you want to make them happy.

Make a list of questions to ask your clients and prospects and business contacts. Get in the habit of regularly asking people what they want, what they like, and what you can do to improve. And then do something even more important: listen.

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If I could use only ONE marketing tool

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I started this post intending to make the case in favor of email as my favorite marketing tool. There’s no question that it is one of the most effective ways to deliver messages to people who can hire you or refer someone who can. It’s (almost) free, almost everyone has an email address, and email is still more popular than social media.

With the click of a button, you can send out an email to hundreds or thousands of people, and almost as quickly, get orders or phone calls and appointments.

Strange that so many attorneys (most?) don’t use email in their marketing, at least not as much as they could. Or should.

You may have a list of people–clients, former clients, and business contacts–but if you’re not communicating with them on a regular basis, you’re not going to get their business. They forget about you, or they forget how to contact you, or they’re just not motivated to contact you because. . . you haven’t contacted them.

The point of having a list, indeed, of all of your marketing efforts, is to stay in touch with people. Or as I put it, “. . .to be in their minds and their mailboxes so that when they are ready to hire a lawyer, or know someone who is, there you are. . .”.  Email is one of the most effective ways to stay in touch.

So, I was going to say email is my favorite marketing tool, but that’s not quite accurate. Nope. My favorite marketing tool is. . . a sales letter.

Lawyers may not call it that. We’ll call it a newsletter or information or anything but a sales letter (because we don’t sell, right?)–but whatever you call it, and however you disguise it, if it’s designed to get someone to do something, it’s a sales letter. My favorite marketing tool.

A sales letter is words, on paper (or electrons), that communicate a message and an offer or a request. People read it and call for an appointment, Like your web page, or sign up for your seminar. You can send it by postal mail, or by messenger. Hand it to someone in person, or deliver it via fax or text message. You can post it on your blog, web page, or on Facebook.

Oh, and guess what? Every time you talk to a prospective client on the phone or in person and you tell them about your services and what you can do to help them, you’re delivering a sales letter. A spoken sales letter.

Do yourself a favor and write it down, so you can send it by email.

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