Why the average lawyer earns average income (and why you don’t have to)

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In yesterday’s post I made the point that most clients don’t price shop, that price isn’t at the top of their list of hiring criteria. A lawyer posted on Facebook that he sees price shopping all the time, the result of the commoditization of legal services.

Who’s right? We both are.

If the services you sell are just like everyone else’s, you have a commodity and if a client can buy it from someone else for less, they often will. In the age of the Internet, it’s easy to find dozens of lawyers who offer the same services. If the attorneys advertise their fees, as many who offer commodities do, it’s even easier to compare prices. When all the client has to go on is price, price becomes important.

At the same time surveys consistently tell us that price is not the number one criteria among clients. It’s not irrelevant, they are just more concerned with issues of trust and quality.

So, we have a dichotomy. Clients say price isn’t the number one factor in choosing a lawyer and yet many clients do compare prices. How do you reconcile these two statements? More importantly, how do you avoid the price shoppers?

There are two ways. The first is to not offer what everyone else is offering so there can be no comparison. When every other attorney is offering apples, you offer oranges.

Package and promote your services so that they are different from what other lawyers offer. The average lawyer offers a commodity, you don’t. You offer something different and better.

If you handle consumer bankruptcy, for example, look for ways to add value and scope to your services and offer a comprehensive bundle of benefits that goes beyond the core services you now offer. This might include loan modification, tax lien negotiation, foreclosure defense, and credit repair. You might offer these additional services yourself or partner with other professionals who do. If not a complete service, at least offer information and advice so the client can get the solutions they need.

Don’t just treat the disease, cure the patient!

Put on your thinking cap and get your creative juices flowing. But don’t start with your services, start with your clients and the problem they want to solve. What caused the problem? What do they need to do to fix it? How can they avoid having this problem in the future? What other problems do they have? What problems have they had in the past or are likely to have in the future?

The answers to these questions will allow you to create a unique bundle of services that distinguish you from other lawyers and allow you to charge more than they do.

If you offer what everyone else does, as the average lawyer does, you will continue to see price shoppers, and in today’s economy especially, downward pressure on your fees. If you offer what nobody else does, or if you promote your services in ways that nobody else does, you will be (or appear to be) unique. You can sell your oranges for more than average attorneys sell their apples.

The second way to avoid price shoppers is by getting referrals. Referred clients come to you pre-sold. Somebody they trust already checked you out, took the risk of hiring you, and gave you a passing grade. If the referred client does go looking at what other lawyers are charging, they still won’t know if those lawyers are any good. And they know they will have to “answer” to the friend who refers them if they decide to go somewhere else.

If you combine the two strategies, packing your services in unique ways and getting most of your business from referrals, your income will be anything but average.

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The problem with most consumer law practices

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Most consumer oriented law practices have a big problem. Lawyers who practice family law, bankruptcy, criminal defense, estate planning, personal injury, real estate, and other areas, have a preponderance of “one time” clients. Once the initial case or engagement is completed, the attorney gets no additional revenue, or at best, very little.

The problem is worsening. It costs more to bring in a new client today, and overhead and manpower expenses to service those clients are also higher. But clients aren’t willing to pay more, and they don’t have to. With more lawyers competing for the same clients, clients have more options.

I just spoke to an attorney who is spending $13,000 a month on yellow pages. The good news is that her ads bring in a lot of new clients. The bad news is that she loses money on every one.

The solution to this problem is for attorneys to develop their “back end”–services and other profitable initiatives they can offer their clients after the initial engagement.

In any business, most of the profits are made on the back end. There is a cost to acquire a new customer, and while it is hoped that this can be done at a profit, it’s not required. So long as the business can make enough profit after the initial sale, if the back end is big enough, most businesses are willing to lose money on the front end.

How can an attorney develop a back end?

Some attorneys are branching out into new practice areas. So the bankruptcy lawyer who sees a downturn in new clients starts offering family law or estate planning services. The problem with this is that it makes it much harder to get referrals from family law and estate planning attorneys with whom you are now competing. It’s also more difficult to market a general practice than a specialized one.

Instead of taking on new practice areas, here are two things an attorney can do to develop a back end:

  1. Expand and systematize referrals. Focus on getting more referrals, better referrals, and more frequent referrals from your clients. In this way, each client you bring in on the front end represents more profits on the back end. If you spend $1000 to bring in a new client who pays you $1000 on the front end, but you earn an average of $3000 from their back-end referrals, you can afford to bring in as many “break even” clients as possible. You can even lose money on the front end.
  2. Market the services of other lawyers to your clients. Instead of you taking on a new practice area, associate with other attorneys who are specialists in those areas and offer their services to your clients in return for a share of the fees (if ethically permissible) or in exchange for marketing your services to their clients. (You aren’t limited to working with other attorneys; you can also market the services of other professionals and businesses.)

A key number every attorney must know is the “lifetime value” of a new client. This includes the value of their repeat business, their referrals, and other revenue derived as a result of having them on your list. Take some time to determine this number and then work on increasing it.

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“It’s the cases I don’t take that make me money”

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“Besides the noble art of getting things done, there is the noble art of leaving things undone. The wisdom of life consists in the elimination of nonessentials.” -Lin Yutang, writer and translator (1895-1976)

Last night, I spoke at an event. One of the topics I talked about was “The 80/20 principle,” aka, “The Pareto Principle,” the idea that a large percentage of our results come from a small percentage of our activities.

Afterwards, I was chatting with a man who works for a bankruptcy attorney. He liked my talk and was telling me about their practice and how busy they were. He quoted something his employer said, but I wasn’t sure I’d heard him correctly so I asked him to repeat it:

“It’s the cases I don’t take that make me money”.

He explained that the attorney was very selective about the cases he accepts. A lot of business comes knocking on his door, but he turns down a large percentage. He turns down the lower-end of the spectrum of clients, the ones who don’t have enough for a retainer, who need installments, price shoppers, etc., in favor of those who can pay his higher than average fees.

A lot of attorneys will take the lower-end clients, figuring that whatever they pay will contribute to overhead. But this attorney understands that those clients would actually cost him money, and not just in the literal sense of “not paying,” but because they would take up a disproportionate amount of time and energy.

And, he doesn’t have the extra overhead he would have if he accepted the lower end clients.

By eliminating as much as eighty percent of the possible client pool, he is able to run a lean and profitable practice. I’m sure he also makes it home for dinner.

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How to make your clients appreciate you more than they already do

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free and discount services for lawyersLast week my wife went to her dentist for a cleaning. The bill arrived with a charge of $84 for the cleaning and $45 for the exam. Then, the bill showed a $45 credit for the exam. In other words, the exam was free.

Why? I don’t know. Maybe because it was a brief exam or maybe he never charges for an exam that follows a cleaning. Whatever the reason, my wife and I were pleased. We like our dentist even more than we already did.

Now, what if he simply omitted the charge for the exam? Would that have had the same effect? I don’t think so. We wouldn’t know that he was “comping” the exam. If we had thought about it at all, we would have assumed the exam was included in the cleaning and not given it another thought.

When you do something nice for your clients, whether giving them a free service, a discount, or something extra, make sure they know about it. Put the charge on the statement and then show a credit for that charge, so the client can see the value of the service they received.

Do this for free consultations, too. Send a bill for the consultation, show a 100% credit, and a zero balance due.

Do you think your would-be clients will better appreciate the value of what you do if they see that the consultation they got free is worth $400?

You bet they will.

Something else. If you don’t have free or discounted services you occasionally give to clients and prospects, it’s time to start. One way to do that is to take something you regularly include as part of your services and “break it off” as a separate item.

For example, if you charge $1500 to prepare a living trust and this includes a pour over will, power of attorney, and living will at no charge, simply send an invoice that shows the ordinary charges for those additional documents and 100% credit.

If you want clients and prospects to appreciate you more, when you do something nice for them, make sure they know about it.

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