If you’re not losing clients, you’re not charging enough

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This is going to ruffle a few feathers, but think about it. You quote a fee, everyone signs up. You raise your fees, everyone stays with you. You keep raising fees and everyone still sticks with you. 

What’s wrong with this picture?

It’s good, isn’t? On a small scale, maybe, but over time, it probably means you are charging a lot less than you could. Less than the market will bear. 

Which is why you should regularly increase your fees. 

You’ll lose some clients, but more than make up the lost revenue, and then some from the ones who stay. 

That’s the idea, at least. 

One consultant who recommends regular fee increases says that if 60-70% of prospective clients, or more, sign up when you quote your fee, you’re probably charging less than you could. Raise your rates and let the market tell you how much it will pay. And keep raising them until the market tells you “enough”. 

How much should you raise them? Well, the stock market averages 9% per year, so if you only increase your rates by that much, you’re only keeping up. You’re not growing. And then there’s inflation. 

But don’t let your minimums be your maximums. You might be able to increase your rates much higher than you think. How long since you last raised them? What percentage? How much resistance did you get? 

You might be able to bump your rates 25%, 50%, or even 100%.

Prospective clients don’t know how much you used to charge. Raise your rates. If 3 clients sign up, says the consultant, raise them again. 

What about existing clients? They do know how much you used to (currently) charge and might resist an increase more than prospective clients who don’t know what you used to charge.

Or they might not.

 In fact, they are arguably less resistant to higher fees because they know you’re worth more.

Prospective clients often talk to other lawyers and compare your rates and services to theirs before they make a hiring decision. Your existing clients probably aren’t doing that. If they’re happy with your work and the results you’re delivering, they are more likely to pay those higher rates.

So, make sure they’re happy with your work. 

At some point, you will meet resistance to fee increases. Some clients will pay them, some won’t. Or can’t. 

Selling legal services isn’t as simple as selling groceries, but supply and demand is always a factor. The market will tell you what they will and won’t pay. 

But only if you ask.

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Make it easier for clients to say ‘yes’

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According to a number of studies, giving customers too many options makes it less likely they will buy anything. In one oft-cited experiment, grocery shoppers were given the choice of a dozen flavors of jam to choose during a promotion. They sold more jam overall, however, when they gave shoppers fewer choices.

Too many options tend to lower response, ostensibly because shoppers get overwhelmed and can’t decide which to choose. Too many choices, apparently, means too many chances to make a poor choice.

But if too many options lower response (and profits), can the same be said about giving customers too few options? 

Most lawyers give prospective clients only two choices—hire me or don’t. What would happen if they offered more options? 

If you handle estate planning, for example, you might offer a basic estate planning package and a more comprehensive package. Does this make it more likely clients will hire you? Will you generate more revenue if you give clients two choices instead of one?

When I sold my referral marketing course, I started by offering one option. You could buy the course or not. When I added a Deluxe version, I got more sales and more revenue. (60% bought the higher-priced Deluxe package).

Two options were much more lucrative than one. 

But selling courses and selling legal services aren’t the same thing. The only way to know what is best for you is to test different offers and see what happens. 

Try one option, e.g., buy or don’t, vs. two options, e.g., Basic or Comprehensive, and three options, e.g., Basic, Comprehensive, and something in between. 

Crunch the numbers. 

But keep in mind that getting more new clients might not be as profitable as getting fewer new clients who pay a higher fee. And don’t forget the “back end”–the lifetime value of a client via repeat business and referrals. 

So, it’s complicated. But worth testing different options. Just not too many. 

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What to do when prospective clients say your fees are too high

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You don’t want to lose them and you don’t want to cut your fee. What do you say or do with prospects who say you’re too expensive? 

First, you realize that this might be true for them. In which case, you let them go. But before you do that, offer a lower-priced service if you have one, or a smaller portion of your full service. If not, offer to introduce them to a lawyer or firm with lower fees.

Help them and they’ll remember you if their financial situation or legal needs change. And by referring them to another lawyer, you might earn that lawyer’s referrals when they have a conflict or a client who needs more help than they can provide. 

For everyone else, consider that you might not have a fee problem, you have a marketing problem. 

You might be targeting prospective clients who are not a good fit for you in terms of their needs and your capabilities. If you are a sole practitioner, for example, and they want to work with a bigger firm, you either need to show them why you are more nimble and can provide them with more personal attention as a sole practitioner than a bigger firm, or otherwise convince them you can deliver what they’re looking for. 

Your timing might be the culprit. If you’re speaking to a prospect at a low point in their cash flow cycle, or in the middle of an inflationary cycle, introduce them to a bank or other source of funding, or adopt more flexible payment terms yourself. 

Your timing might also be a problem if (they think) you’re not responding to their inquiry quickly enough. 

Maybe they think you’re too aggressive in trying to get them to sign up. Or not aggressive enough if that’s something they are used to or expect. 

They might not like your style. Some clients need a bit of handholding, and you might not be solicitous enough for their taste. Others might equate being overly nice with being weak.

It could be ineffective marketing materials. Your website or presentation might talk too much about features and not enough about benefits. You might not have enough testimonials or reviews to see the deal. Maybe you haven’t shown them you provide enough value, especially if they’re comparing you to your competition who offers more or does a better job of articulating that value. 

Maybe the whole package they see is too lawyer-like (somber, boring, tight-lipped) for them, or not lawyer-like enough. 

If you want to sign up more clients and have fewer prospects tell you your fees are too high, you need to find out what people want and what they expect. It comes down to research, testing, and conversation.

Try different approaches and see what works best. Survey or talk to prospects, new clients, and especially, the ones who got away. 

You can learn a lot just by talking to people.

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Quality doesn’t come cheap

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At least that’s what most people believe. They’ve learned that when something looks too good to be true, it probably is. So, even if it was otherwise a good idea (and it’s not), don’t compete on fees. You’ll scare off as many clients as you attract. At least the good ones. 

For professional services, high fees is the better way to go. That’s what “good” attorneys charge.

But right now, the economy is in the tank, competition abounds, and even if your clients and prospects love you to pieces, getting paid more than most is a tough sell. In this environment, how can you keep your existing clients happy and attract new ones? 

By offering more value than most attorneys offer.

That can come as additional services or benefits included in your fees. You’re expensive, but worth it, right?

But value can come in different flavors. 

One way to offer more value is to be the attorney who provides more information. More (helpful) articles, more forms or checklists people can use to improve their business or personal life, more onboarding guidance, more of everything a client might want to know.

Most attorneys don’t.

You can also deliver more value with a cleaner and leaner and more modern website. Think “Apple”. Easy to navigate, professional graphics, and devoid of anything extraneous or old and crusty. 

But not just a pretty face.  

Your website should have a compelling About page, forms that work, pages that are easy to find (and read), good answers to FAQs—things that make a visitor conclude you know what you’re doing and can be trusted to do it well. 

Clients want an attorney who is vouched for not only by their other clients but also by their success.

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Why you need to offer a “deluxe” package of services

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I used to sell a course in two versions: “Basic” and “Deluxe”. The Deluxe version had more value at a higher price. Customers got more services and “stuff” and I earned more revenue. 

You should do something similar in your practice. 

Bundle or package your services in ways that are attractive to clients because they get more value and/or the convenience of getting everything they will need from you sooner rather than later, all at an attractive “price”. 

For example, if you have a typical fee package that goes for $5000, consider putting together a higher-priced package that sells for $6500. 

If you don’t offer flat fee billing, consider it, at least for some of your services. Clients like the certainty of paying a flat fee rather than paying by the hour, and you may find more clients signing up (at a higher flat fee) for that reason alone. 

There’s another reason for offering higher-priced packages, however. It often generates more sales of your lower-priced or “regular” package because of a phenomenon known as “price anchoring”. 

It’s about perceived value. 

Your $5000 package appears more “affordable” because the client compares it to the $6500 alternative. If you only offer the $5000 bundle, however, the client has the choice of paying that or paying nothing, e.g., telling you they’ll think about it. 

Even if nobody signs up for your “Deluxe” package, you will often earn more due to the increased sales of your lower-priced package. 

Reason enough to get to work on your Deluxe package. 

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How to get new clients to pay you more

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Actually, you can do this with existing clients, too. Anyone who is about to hire you or authorize you to do some work. Before you hand them the retainer or ask for the go ahead, ask them one more thing:

“Do you want fries with that?”

That simple question sells more fast food and it can sell more legal services. 

It’s called an upsell, and it’s an effective way to get clients to hire you to do more than they originally contemplated. 

It’s good for them, because they get something else they need but might have postponed. It’s good for you because you get paid more, but also because it’s one less thing to ask them about later. 

It works because the client is in “buying mode”. They’ve already decided to hire you for something and thus are more likely to hire you for something else. 

Instead of asking if they “also” want your additional service or add-on (your fries) you can ask if they want to upgrade their entire “purchase.” If you offer a basic service and a deluxe version, explain why they should consider the upgrade—the additional protection they get, the convenience of not coming back for more later, and, if (if you want), that they will save money by buying the package instead of getting all of your services separately. 

You could instead position the extra services or addons as a free bonus for electing your deluxe package.

Another option for you is to “cross-sell” instead of “upsell”. Bundle your other unrelated services, or the services of another lawyer in your firm, and give the client reasons to get everything at the same time.

Upsells and cross-sells are simple ways to get clients to pay you more (and be happy about it). 

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Deal or no deal?

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When you have a client or prospective client who wants to negotiate on fees, you know what to do. Firmly and politely tell them no. 

But tell them why. 

Explain that your fees are reasonable, you do good work and deliver great value, your clients are happy, and if you were to give one client a lower fee than everyone else, it would be unfair to your other clients, and to you. 

You might explain that yes, your fees are higher than other lawyers, because you have more experience, so you are worth it. And give them proof—verdicts, testimonials, endorsements, awards—and how this translates to better results for your clients.

You could offer a payment plan, or get set up to accept credit cards. Or ask if they have someone who might lend them the funds or co-sign for them on a bank loan. 

You could suggest that you do part of the work they need or want, at a lower fee, and they can get the rest later. Or you could talk to them about waiting on everything until they’re able to get started. 

Finally, if they just can’t do it, offer to refer them to a colleague you know who charges less.

If these don’t work for them, or for you, thank them for considering you and wish them well. 

This kind of honesty, directness, and posture will often cause the client to figure out a way to say yes. 

Many people have the money but do their best to “get a bargain”. Nothing wrong with that. Smile and tell them no deal. 

You may lose a client or two but you’ll be better offer overall. 

If more than the occasional prospect or client tells you no, however, don’t even think about lowering your fees across the board. You’re not expensive. You just need a different niche or group of clients who can afford what you’re worth.

Getting the Check: Stress-free legal billing and collection

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Don’t show your clients how the sausage is made

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The law is complicated. Your clients hire you because they believe you can wade through that complexity and do things for them they can’t do for themselves.

Most lawyers are adept at making things more complicated than they need to be. And they make a lot of money doing that. But the lawyers who are adept at simplifying things do even better.

Your clients are busy. They’re scared or confused or have other things on their mind. They want to know that you will take care of them. Get the job done. They don’t want to know everything about how you do what you do.

Just like you don’t want to know how your car works, you just want to know that it does.

So, simplify things for them. Explain only as much as they need to know, and no more (unless they ask).

That goes for your bill, too.

Explain what you did, clearly and thoroughly, but keep it simple. Itemize your bill, but don’t bludgeon them with details.

They’re paying you to deliver a delicious sausage sandwich. Tell them the ingredients, but don’t show them how the sausage is made.

How to write a bill that gets paid

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How much should you charge?

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How much should you charge for your services? Well, how much are your services worth?

You don’t want to charge less than what you’re worth. That’s not fair to you or your kids.

But you can’t charge more than you’re worth because that’s not fair to your clients (or sustainable).

When it comes to fees, follow The Goldilocks Rule: Not Too Hot, Not Too Cold (but how much is ‘just right’?)

Well, you have to consider:

  • The size and complexity of the problem or goal
  • Clients’ willingness to pay to solve that problem or achieve that goal
  • Clients’ ability to pay
  • Urgency (deadlines, risks, pain, associated problems)
  • Your experience and reputation
  • The clients’ sophistication and experience in working with lawyers
  • How much other lawyers charge
  • The economy
  • And other factors

Yeah, it’s complicated. You can’t figure this out with a spreadsheet. So, let the market give you the answer.

It starts with you. How much do you want? Quote a fee and see what clients are willing to pay.

Willing buyer, willing seller.

If most clients complain or try to negotiate, if they hire you once and never again, you may be asking more than your services are (or appear to be) worth.

If most clients pay without blinking, however, you may be asking less than you could. A common affliction among our kind.

But if most clients pay what you ask, readily hire you again and refer others, your fees are probably about right.

But that doesn’t mean you should set them and forget them.

Over time, your kids (and creditors) want you to increase your fees and continue doing that until the market tells you no more.

But that’s not necessarily the last word on the subject.

If you want to increase your fees but the market says “too much,” you have three options:

  1. Add more value so more clients are willing to pay more
  2. Improve your marketing and salesmanship and increase the perceived value of your services
  3. Target a different market

The market tells you how much you can charge. But you have to ask. And listen.

The lawyers’ guide to stress-free billing and collection

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Your fees are too high

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Ever heard that? Maybe not. A lot of prospective clients will simply tell you they want to think about it, or some such, and not tell you what they really think.

But what about those who do?

How do you respond when they say you charge too much?

I’d find out if they understand what’s at stake. Talk to them about what it could cost them if they don’t hire an attorney, i.e., do nothing,, wait, or try to fix the problem themselves.

How much would it cost if the other party got a judgement against them or the tax man cometh and taketh away?

And what’s the value of knowing the problem is being properly taken care of and they can stop worrying about it and get on with other things?

More than anything, we sell peace of mind.

There’s a cost to hiring an attorney, but there’s also a cost of not hiring an attorney. So when someone talks about your fees being too high, show them what it might cost if they don’t hire you.

But suppose they mean your fees are too high compared to what other attorneys charge?

How do you respond?

I’d tell them it’s true, you don’t have the lowest fees in town, that you’re actually higher than most.

And then I’d tell them why.

You have more experience; you provide more benefits than other lawyers; you deliver better outcomes; you charge flat fees so they know up front what it’s going to cost (unlike other firms). . .

You charge more and you’re worth it.

I’d prove this by providing a boatload of testimonials and reviews attesting to your wonderfulness.

I’d follow that by offering to refer them to one or two other lawyers who charge less (because they don’t have as much experience or whatever) and might be a better fit for their budget.

They’ll see you aren’t defensive, you don’t try to talk them into anything, and you don’t negotiate.

Refreshing, isn’t it? Damn good posture.

You’ll often find that this is all you need to do to win the hearts and minds and retainers of prospective clients.

Here’s how to write your bill to show them they made the right decision.

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