7 out of 10 lawyers agree

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Remember that toothpaste commercial from years ago claiming that, “7 out of 10 dentists agree. . .”? What if I told you the real number was “8 out of 10”? Why on earth would they low-ball it?

Actually, I don’t know what the real numbers were. They might have been “8 out of 10,” “9 out of 10,” or nearly “10 out of 10,” but they would have been smart to use a lower number.

Because “7 out of 10” is more believable than “9 out of 10”.

“7 out of 10” has verisimilitude. The appearance of truth. Which is a critical element in sales and persuasion. Because if your prospective client, reader, judge or jury, doesn’t believe your assertion or promise, it doesn’t matter that it is true.

As long as there are no legal or ethical reasons why you shouldn’t do it, it’s better to understate the truth.

I guess you could call this “reverse exaggeration”.

Anyway, remember this for your presentations, negotiations, advertising, motions, and anything else where you want to persuade someone to do something. If the real numbers or facts stretch credulity, lie (in a positive way) to tell them something they will believe.

Add qualifiers if you must. Say, “More than. . .” or “Better than. . .” before your statement, to cover your behind and let your conscious be clear. But as long as what you say is true, it doesn’t matter that it’s not completely accurate.

Okay? Make sense? Good stuff.

Now before I let you go, you’re probably wondering what it is that 7 out of 10 lawyers agree on?

You probably think I’m going to say “nothing”. Lawyers are a bunch of cantankerous, argumentative, pugnacious souls, genetically incapable of agreeing on anything.

But this isn’t true. In fact, it’s just the opposite.

Most lawyers, more than 7 out of 10 I am sure, agree about nearly everything. No, not when it comes to arguing a client’s case or negotiating their lease. We do the job we’re paid to do. I’m talking about things like marketing and image, the things that allow us to stand out from other lawyers so that clients will choose us instead of them.

When it comes to marketing, most lawyers look the same.

You could take their ads, marketing documents, presentations, and the like, put another lawyer’s name on it, and no one would be the wiser.

The reasons aren’t important. What’s important is that because 7 out of 10 (or is it 8 out of 10?) lawyers conform and follow the same (narrow) practice-building and career-building path, most lawyers never get past “average”.

Average activities, average results, average income, average lifestyle.

If you want to stand out from other lawyers and have more clients choose you, if you want to have a better than average lifestyle, you need to be one of the 3 who isn’t like the other 7.

Let everyone else do what everyone else does. You be one of the few who doesn’t.

To be different, start here

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I like big checks and I can not lie

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I like big checks. The bigger the better. Yeah, I admit it. Big checks really make my day.

Wire transfers, direct deposits, and piles of cash also make my heart sing. If it spends, I like it. That’s just how I roll.

I like big checks and I can not lie. You other lawyers can’t deny, that when a client walks in and pays big money it’s exciting–a thing of beauty to behold.

Yeah, I like big checks, because big checks let me pay big bills and buy big things and watch my bank account grow.

Nothing wrong with that. It’s natural. So if you have a big check I want to talk to ya.

But you know what? I also like little checks. Because little checks can pay little bills and lots of little checks can pay lots of little bills.

It’s a beautiful thing.

And clients with little checks can come back and I’m always happy to see them. Sometimes they come back with big checks, and you know I like that. Sometimes they send you their friends with little checks, and big checks, too.

It’s all good.

So yeah, I like big checks but if you’ve got a small check, I like that, too.

Client got check.

C’mon, you know you want more referrals

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Maybe you should start a side business

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During my career, I’ve started more than a few businesses. While not every business was successful, each business taught me something about commerce and marketing and about working with people–partners and customers alike.

And that’s one reason I suggest you start a side business.

Selling products is different from selling professional services. You’ll be introduced to strategies and techniques you may have never considered and be able to use some of them. You might, for example, find that advertising isn’t an abomination and find ways to use it to build your practice.

The second reason for starting a side business is that the business itself might be an excellent way to indirectly expand your practice. If you handle PI, divorce, estate planning, bankruptcy, or other consumer practice areas where almost anyone is a potential client, your side business could introduce you to a world of new contacts. Some of those contacts will need your services. Others will become new referral sources.

The third reason for starting a business is that it might provide you with additional income for retirement, or an exit strategy when your practice tells you it’s time to move on.

My network marketing business has been all of those things for me.

I know you’re wondering how you could possibly justify taking time away from your practice to start a business. I asked myself the same thing when I started looking.

The answer to that question is “part time”. Find a business that doesn’t require full time to run. Fortunately, there are many businesses today that fit the bill.

Also, look at your ROI. Yes, it will take time to run a side business, but if the time you invest therein brings lots of new clients for your practice, or lots of income from the business itself, if your ROI is big enough, then your investment will have paid off.

I don’t know if starting a business is right for you, or if you will find the right one for you, but I encourage you to look at what’s available. Even if you never take the plunge, you’ll learn some things and meet some people, and the next time you meet with a prospective client who owns a business, you’ll have a lot more to talk about.

Leverage is key to increasing your income

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I’d rather have four quarters than 100 pennies

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I love keeping things simple. But simplicity for simplicity’s sake is a foolish economy if it results in fewer or poorer results. “Leverage” means getting MORE results with less effort, or at least more results with the same effort.

A marketing guy I follow echoed my philosophy when he said, “I’d rather have four quarters than 100 pennies”. He was talking about the value of having fewer but better clients.

Fewer clients with bigger cases, or fewer clients who have more work for you and are willing and able to pay higher fees.

Fewer but better clients means you have fewer hands to hold, problems to solve, and fires to put out. It means you can spend more time and more money bringing in new clients and keeping them happy. It means you can earn more income with less effort.

That’s why I talk about letting the mass market of lawyers handle the mass market of clients, while you focus on the upper crust. Let everyone else fight over the scraps while you feast on the steak.

Unless you are especially well funded or daring, you probably won’t be able to do this immediately. But you can immediately state this as your objective and start working in that direction.

When you make it your intent to transition your practice to better clients, you start looking at the universe of clients differently. You make changes to your ads and marketing documents and websites, you start networking with a different crowd, and you do other things that affirm the new direction of your practice.

Eventually, you will embrace this new paradigm and make bigger changes. You eliminate marginal practice areas, for example, and focus on one or two. You might cut down on marketing channels or techniques and focus on the ones that are better suited to the practice you are trying to create.

You may be nervous about some of these changes. I know I was when I started turning down business. There’s a big void in your file drawer when you no longer handle anything that shows up, but if your experience is anything like mine was, you will quickly fill that void with new and better clients.

Then, one day, you’ll get your first “quarter”–a big case or client–and you’ll realize that if you can get one, you can get more. And that’s when everything will change.

This helps you create a profile of your ideal client

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Solve problems by asking “why?”

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Toddlers are experts at asking “why?” Why do I have to go to bed? Why can’t I have ice cream? Why are you and daddy wrestling with your clothes off?

They ask why so they can better understand the world around them. When they get an answer they don’t like or don’t understand, they ask why again.

Adults also ask why. But unlike our little tykes, we often accept the first answer and fail to dig deeper.

If you realize that you’re not going to have enough money to pay all of your bills this month, for example, and you ask yourself why, you might look at your accounts receivable and solve your problem by sending out “late” notices to clients who owe you money.

That might be a good idea, and it might solve the immediate problem, but it doesn’t help you to get to the root problem.

So next month, you might again have a shortage of cash.

Asking “why” you have a problem helps you find the solution, but asking once may not be enough, as this post explains.

In Japanese, Kaizen roughly translates to “continuous improvement”. One of the discipline’s techniques for problem solving is to ask “why” 5 times. This helps you find the root problem.

Here’s how you might apply this to your money problem:

  1. Why don’t you have enough money to cover this month’s bills? Because I don’t have enough clients.
  2. Why don’t you have enough clients? Because I don’t do enough marketing.
  3. Why don’t you do enough marketing? Because I’m not good at it.
  4. Why aren’t you good at marketing? Because I haven’t found enough strategies that I am comfortable using.
  5. Why haven’t you found enough strategies? Because I haven’t spent enough time learning about the available options or how to use them.

The root of your money problem, and the solution thereto, is thus revealed.

If you stop asking “why” after your first answer (not enough clients), you may not discover a solution other than sending out late notices. If you stop after your answer to the third “why,” (you’re not good at marketing) you might conclude that things are hopeless for you in this department and give up.

Ask why 5 times and see where it takes you.

Why? Because I said so. Now go play with your toys. Mommy and Daddy are busy.

Avoid having to send out late notices with this

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Time is money. Unless it’s not.

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If you bill by the hour, time literally is money. You get paid based on how many hours you work. If you offer flat fees, contingency fees, or anything other than hourly billing, however, time isn’t money. It’s just time.

When you bill by the hour, there are only four ways you can increase your income. You can raise your hourly fee. You can work more hours. You can lower your overhead. Or you can hire people to do some of the work and pay them less per hour than you bill your client.

Unless you use one or more of these methods, you can’t increase your income. Bringing in more clients won’t do it because there are only so many hours you can bill in a day.

If you want to earn more, instead of selling your time, you should be selling your advice or your problem-solving solutions. Not only will you earn more per client, the more clients you bring in, the more you will earn.

If you charge $400 per hour and bill out $2000 per day, you’re earning $10,000 per week, which is nothing to sneeze at. But you’ll never earn $30,000 per week.

I know it’s “hard” to come up with an alternative to hourly billing that protects you when you estimate too low or when contingencies occur, but it’s not impossible.

First, you need to stop thinking like a lawyer and start thinking like an entrepreneur. Instead of trying to eliminate risk, you will intelligently manage risk and use the law of averages to your advantage

If you take on twenty hourly-billed clients who each pay you $5000 to $20,000, or an average of $10,000, you take in $200,000 in gross fees. If you charge flat fees, however, and twenty clients each pay you $15,000, you gross $300,000. Now, if one or two of those twenty clients or cases wind up costing you more than you expected, even double what you expected, you’re still way ahead of the game.

I know I’ve said this many times before but I thought it was time for a reminder. Because time isn’t money. Unless it is.

How to earn more per client: here 

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What you focus on grows

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What are you focused on right now? If you said, “doing client work,” or something similar, I understand. You have bills to pay so you draft documents, negotiate settlements, or attend hearings because, well, that’s what you do.

If you want more work like that, great. Keep thinking about that, because what you focus on grows.

But what if you want more? What if you want better clients or bigger cases? What if you want to dramatically grow your practice and income?

If you do, you have to stop focusing on your work and maintaining the status quo and start focusing on the future you’d like to create.

Because what you focus on grows.

Think about the kinds of clients and cases you want. Think about the bigger fees you’d like to charge. Think about getting referrals every day, and about what your practice will look like when it is running smoothly and efficiently and helping you create the lifestyle of your dreams.

When you change your focus from your current reality to the way you’d like things to be, your subconscious mind goes to work and helps you create that future. It causes you to notice things you have previously ignored. It helps you meet the right people and say just the right things, organize your thoughts and priorities, and re-distribute your energy.

Your thoughts create your reality.

So think about the reality you’d like to create. Pretend you have a magic wand and can make it come true with a simple flourish. What would your new reality look like? Write that down.

Then, think about it often. Read your description several times a day. Imagine your better future in all it’s glory. If those thoughts feel good when you think them, you’re on the right track. You will be guided towards the activities you need to start or modify or eliminate, and you will start moving towards your better future.

If you have doubts, if a “yes but” inserts itself into your thoughts, acknowledge it and then let it float away. Those are old tapes playing old messages and you should just let them go.

Think about what you want, not why you can’t have it, and you will attract what you want. Because what you focus on grows.

You need a marketing plan. You can get one here

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You need to talk to your clients

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You frequently hear me tell you to “think clients, not cases,” meaning you must consider the lifetime value of your clients and not just the fee from a single case or engagement. That $1500 fee for a first-time client could lead to $15,000 or $50,000 in fees over the lifetime of the client.

Even if a client never hires you again, cultivating a relationship with them can bring referrals, traffic to your website, sign-ups for your list, attendees at your seminars, and followers on social media, all of which will lead to new business.

Get it? Got it. Good.

So. . . stay in touch with your clients and former clients (an oxymoron).

How? Letters are great, but can get expensive. Email is great but may be overlooked. Send letters and emails but don’t ignore your number one tool for building and sustaining relationships: the phone.

You need to talk to your clients, bro. They need to hear your voice.

Yes, people still answer their phone. If they are away, leave a message. They’ll hear your voice and get an injection of your essence. Virtual you is almost as good as the real you.

Here’s my challenge to you: invest six minutes a day calling people. In six minutes, you could talk to one or two clients, or leave five or six messages.

Why 6 minutes? One hourly billing unit. If you bill $300/hr., you’re investing $50/day or $1100 per month (22 work days) to grow your practice. If that brings you one new client per month, will it be worth it? What if it brings two?

What do you say when you call? Did yo mama teach you nothing? Say hello. Ask them how they’re doing. Tell them you were going through your contact list, saw their name, and thought you’d give them a quick call.

Another? Okay, tell them you just posted a new article or blog post or video on your website and thought they might like to see it. Tell them where to find it and tell them to have a nice day.

Easy stuff. Even for a lawyer.

You want it even easier? You’re lazy? Okay, have someone who works for you make the call. Tell the client, “Mr. Jones [that’s you] asked me to give you a quick call to say hello and see how you’re doing.” It’s not your voice the client hears, but you by proxy will do.

Anyway, I can hear what you’re thinking. Yep. You’re thinking this won’t work. It’s ridiculous. Nobody will hire you again or send you referrals just because you called and said hello.

Fair enough. Try it for a week or two. It may not work for you. On the other hand, what if it does?

Marketing online for attorneys is a real thing

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How to get more clients with “The Puppy Dog Close”

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The Puppy Dog Close is a well-known concept in marketing and sales. Here’s the skinny:

You go into a pet store, just to look. The salesman sees you playing with the puppies in the window. You’re almost there, but the salesman can tell you’re not sure. So he says, “Why don’t you take one of these little fellas home for the weekend. No charge. If it doesn’t work out, bring him back on Monday.”

You bring the puppy home, give him a name and fall in love. There’s no way you’re bringing him back.

The salesman didn’t have to close you, you closed yourself.

You may recognize this approach when you go looking at new cars. The test drive is a form of The Puppy Dog Close.

Okay, so you don’t sell puppies or cars. How can you use this approach in your practice?

The odds are, you already do.

Think about it. Aren’t you giving people a “free sample” of your wisdom when you do a seminar or other presentation? When you write articles or blog posts or give away reports or videos, aren’t you showing people how you think and giving them a sense of what it might be like to work with you?

You also do it when you network. As people get to know you, they begin to like and trust you, and that leads to hiring you or sending you referrals.

If you offer free consultations, prospective clients get a chance to try you out and fall in love with you, or at least the benefits you offer. You help them gain clarity about their problems and the available solutions. You help them see a way out and a way forward and they like you for it. It’s hard for them to walk away from that.

You might want to take this up a notch. In addition to offering free consultations, you might offer a free entry-level service. Prepare a free simple Will, for example, as a gateway to doing a trust or other estate planning services. Give prospective divorce clients the first hour free, so they can see how much value you deliver.

Once a prospective client tries you for an hour, they’re probably not going to take you back to the lawyer store.

Crazy talk? I don’t know. How about giving this idea a try before you say it’s not for you. You might fall in love with this puppy.

To learn more about promoting trial, get The Formula

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Are you getting stale?

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You’ve been a lawyer for more than a few years and you’re good at what you do. So good, you could do most of your job in your sleep.

You know the forms to use and the words to say. You know the best places to park at the courthouse. You know the judges and other lawyers, and they know you.

Your job has become routine. Easy. Life is good.

Don’t get too comfortable. Before you know it, some rookie lawyer will come along and eat your lunch.

They may not know what you know or be able to do what you can do, but they’re fresh and hungry. Everything is new and exciting. They’ve got energy and drive and something to prove.

And let’s not forget that they have been using computers since pre-school.

If you’re not careful, as their practice grows, you may see yours diminish.

But you can stay ahead of them by re-inventing yourself and your practice. Become a new lawyer again. Look at everything with fresh eyes.

Imagine that you have just opened your doors and you don’t have any clients. Get hustling and bring some in before the end of the month.

Take classes in your practice area and also in practice areas you know nothing about. Take classes in business, marketing, sales, writing, and speaking.

Take some cases you’ve never handled before. Find another lawyer to associate with you or mentor you.

Start over, from scratch, and build your practice again.

In the military, for a day or for a week, a unit will periodically stand down and review all of their operations. You should do the same thing. Examine all of your office management procedures and forms, look for holes that need to be patched, find expenses that can be reduced or eliminated, and processes that can be improved.

Do the same thing with your marketing. Find ways to make it better. Eliminate things that aren’t working, do more of  the things that are, and find new ways to bring in business you’ve never tried before.

Examine every piece of paper in your office and every electron in your computer. Resolve to get organized, eliminate clutter, and streamline your workflow.

And from this day forward, do something new every week. New ideas, new projects, new people, will keep you fresh and alert and sharp and open new doors for you.

Get excited about the future you are about to create and then go eat someone else’s lunch.

Get your marketing plan here

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