Treating your competition

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You read that right–”treating” your competition, not the conventional advice about “beating” them. 

It’s a different philosophy. 

Reach out to other lawyers in your niche or market and get to know them, or, if you already know them, get to know them better. 

See them not as a threat but as a friend. Not someone to “beat” but someone to work with.

Treat them to lunch, share your presentation or article, find something positive to say about theirs.

Yes, even though they might target the same cases or clients you target. Even if they are literally your competition.

I know what you’re thinking. You’re thinking I’m suggesting this because if these other attorneys or firms see you as a friend, you might get some referrals from them when they have a conflict or a case or client that’s not right for them. 

This is obviously true and how I started my practice. But the philosophy of reaching out to other attorneys in your niche goes beyond that. You can learn from them and be inspired by them, even if just by observing them. 

What are they doing that’s working? Maybe you can do it, too. What mistakes have they made? Perhaps you can avoid doing what they did. Who do they know you should know, if not by name but by category?

Why would other lawyers be willing to embrace you this way? After all, you might look at them as a friend or business asset, but most attorneys, raised on a zero-sum “beat the competition” mindset, are unlikely to see you the same way. 

Maybe. In which case, their reticence might become a self-sorting mechanism, showing you who might be worth knowing and who might be best kept at a distance. 

On the other hand, maybe your openness will unlock something in them that could be mutually beneficial. Maybe they would love to get to know you (or know you better), learn from you and be inspired by you.

In the end, it’s not about them. It’s about you. Your habit of seeing everyone as a potential friend and a willingness to see where that could lead. 

I know lawyers who are like that. Natural networkers, with lots of friends and contacts, and very successful practices as a result. 

It’s not the only path to building a professional practice, not something I’m good at or enjoy. But it’s something I’ve been willing to do over the years, and it has almost always led to good things.

We don’t have competition, you and I. Just people we don’t yet know, or know well enough to call a friend.

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Action isn’t (always) the answer

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It’s called having a bias for action and is often said to be a recipe for success. “Don’t wait until you’re ready or you are motivated,” we’re told. “Do something, and when you see something happen, you’ll be motivated to continue”. 

I agree. Action is often the answer. 

But not always. 

Sometimes, it’s a mistake. 

You take the wrong action and someone gets hurt. You make an error, and it creates an even bigger problem. Or nothing happens, the problem persists, and you’ve wasted time you could have used doing something else. 

Sure, we learn from our mistakes. But mistakes can damage our reputations, our relationships, and our self-esteem. 

A bias for action isn’t always the answer. 

Maybe that project or idea is a good one, but you get bored or nervous about the cost and abandon it and squander a great opportunity. Maybe It is a bad idea, but you continue working on it because you’ve already invested in it. 

A bias for action can work against you. 

It may sound old-fashioned, but it really is better to think before we act. Aim before we fire. 

Do some research, consider the options, crunch the numbers, talk it over with someone you trust. 

Don’t decide right this minute; sleep on it. 

That’s what you advise your client’s to do, isn’t it? 

On the other hand, after you’ve done some research and thought it through, a bias for action is likely to be your best friend. 

Because nothing happens until you do something. 

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Tell visitors to your website what to do 

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People come to your website looking for something they want or need, and you should help them find it. Tell them where to see an article about this problem or that solution, where to find a description of your services, and where to find information about you and your firm.

Tell them, but don’t leave it at that. Always tell them what to do next. 

That means telling them what else to read or watch (and why).

It means telling them to contact you, giving them options for doing that, and telling them why they should.

And it means telling them to sign up for your newsletter or other list, pointing to the page and telling them what they will learn or get when they do. 

Most visitors won’t do anything you tell them to do. They’ll consume what they came for and leave. Or just leave. 

That’s okay. Let them go. 

Statistically speaking, most visitors won’t contact you or sign up for your newsletter.

Focus on the ones who do. 

When someone signs up for your newsletter (or contacts you), they’re holding up their hand and saying, “I’m interested in learning more”. Tell them more and tell them what to do next. 

The simplest place to do that is on the “thank you” page, where they arrive immediately after clicking the “subscribe” button. 

Your “thank you” page is more than a mechanism for being polite. It is an opportunity for you to guide them on their journey to becoming your next client or paving the way for someone else to do that. 

What should you put on your “thank you” page? You have many options (in no particular order): 

  • Ask them to fill out a form, telling you more about their situation and what they need or want 
  • Tell them about your other content, e.g., your 5 most popular blog posts or articles or videos
  • Encourage them to share your content on social media and provide links or share buttons to make that easy to do
  • Invite them to your next webinar or local event
  • Invite them to subscribe to your podcast or video channel
  • Tell them more about your services, your background, and your personal life, I.e., family, hobbies or outside interests 
  • Point them at your testimonial or “success stories” page
  • Give them a preview of what to expect in your newsletter or upcoming event
  • Remind them to watch their email inbox, what they will receive, and when
  • Offer a free consultation or invite them to contact you with questions

Lots of options. But don’t make your page exhaustive. You don’t want to overwhelm them with information or push them to do too much. They are on your email list now, and you’ll have plenty of opportunities to tell them more and ask them to do more. 

For now, thank them warmly for subscribing, invite them to learn more and make it easy to do that and share your information with others.

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The most important decision of your legal career

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Ever notice that the most successful lawyers aren’t necessarily the best lawyers? If you’re smarter, work harder, and do a better job than those other lawyers, why do they earn more than you do? 

It’s because being a better lawyer doesn’t mean prospective clients and the people who can refer them will notice you, trust you, and hire or refer you. 

You may be a brilliant lawyer, dedicated, hard-working, and well-liked, but if you’re not good at the business side of your practice, you’ll always be a step behind. 

The good news is that you can change that. It starts with a decision. 

The most important decision of your career.

You have to decide to commit to the business side of your practice. That it is at least as important as the legal work and deserves your time and energy and money. 

Decide to get serious about business and marketing. Study it, schedule time for it, and consistently and enthusiastically work at it. 

Average lawyers don’t do that.

Average lawyers provide lip service to marketing and management, taking action only when something falls in their lap, there is a fire to put out, or they have a few extra minutes between appointments.

Unless driven by desperation, they don’t schedule anything, try anything new or otherwise work on improving the business side of their practice. They see it as a burden, an expense, at most a necessary evil, instead of embracing it as the path for achieving their biggest goals. 

Why? Ego, mostly. They believe that to be successful, they shouldn’t “have to” do anything more than be a good lawyer. Or they don’t know what to do and aren’t willing to find out. 

They might assume that the lawyers who earn more have the right connections, innate interpersonal skills, or just got lucky. 

Excuses. And any excuse will do. 

Don’t make excuses. If you want to achieve more, decide that you will do everything possible to make that happen. And do it. 

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A simple way to get more clients to say ‘yes’

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They’re interested. They know what you do and know they need your help. They (probably) want to hire you, but they don’t call or return your retainer agreement. 

What can you do to get them off the fence?

The answer is simple. Easy to do. And could double or triple your sign-ups (according to studies). 

What is this miracle strategy? Follow-up. Contact them again. Send them another letter, or email, or call.

Many (most) attorneys don’t. One email or conversation and they’re done. “If they want to hire me, they have my phone number” is the prevailing thought.

They don’t want to appear needy or pushy or bother the client. Or they followed up already and don’t know what to say to the client or prospect that they haven’t already said. 

But here’s the thing. You’re not being a nuisance by following-up with someone who needs your help; you’re doing them a favor. 

They contacted you or responded to you because they need your services but aren’t sure it will be worth the cost or if there are other options. Or they’re dealing with even more important, possibly urgent problems, and haven’t been focusing on this one. 

They might have forgotten your initial conversation, or gotten distracted. When they hear from you again, they remember their problem or need and remember that you could be the solution. 

Following up helps them decide to say yes. 

But you need a plan. 

Without a follow-up plan, when you follow-up randomly, you don’t know what to say or do, or when, or how often, or you get busy and forget to do it.  

To your detriment and to the detriment of the client. 

I can’t give you your plan, of course, because this will depend on your practice area, target market, deadlines, and other factors. But I can give you some guidelines. 

In general, depending on your services and the urgency of their situation, plan to follow-up at least 3 times. If possible, do these a few days to a week apart, to give the prospect enough time to consider your solution but not so much time that they lose interest or find another lawyer. 

Send these follow-ups at different times of the day, to increase the odds that they will see them, and for the same reason, use different media, e.g. email, regular mail, and, if appropriate, social media, phone or text. 

Never apologize for contacting them again. Remember, they need your help. 

Don’t limit your follow-ups to providing more facts or discussing the law. Stories and testimonials and emotional appeals can make a massive difference.  

If appropriate, consider offering different services and payment plans. 

Give them alternative ways to reply—filling out a form, calling your office to schedule a phone appointment or office consultation, calling your assistant with questions, or calling your cell. The more options you give them, the more likely it is they will do something and thus take the next step to hiring you. 

Test different approaches, timing, and offers. Track your results and be prepared to modify your plan. But don’t get caught up searching for the perfect approach. 

The most important element in a follow-up plan is that you do it. The second most important element is that you do it more than once. 

However flawed your follow-ups might be, doing them more could be all you need to double or triple your sign-ups.

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Following up with leads and inquiries

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Wouldn’t it be great if you didn’t have to follow-up with prospective clients, if they found the answers to their questions and booked their own appointments? 

But they don’t, do they? You need to tell them what they need to know (even if they don’t ask), tell them what to do to take the next step, and make sure they do it. 

You could ‘wing it’ and perhaps you do. But it’s better to use a system. 

A follow-up system will help you sign up more clients more quickly and with less effort. You will have fewer questions to answer, fewer objections to overcome, and fewer delays to slow down the process. 

A system will help you close a higher percentage of leads and prospects, with less work and overhead and friction. When someone calls or writes, your system tells you precisely what to tell them; you have documents and links ready to send them, and you don’t have to rely on your memory—you follow your checklist.  

Professionals don’t wing it; they use a system. I encourage you to create and use your own. 

Keep it simple. Start by identifying the first step—what to say, what to do and when. 

What will you tell them? What will you offer them? What will you say to get them to take the next step?

Set up a file with forms and templates and answers to FAQs. Make notes about how to handle leads that come in from ads, from referrals, and from visitors to your website. For each type of case or matter, identify language to describe the benefits and value of what you do and pair these with illustrative stories of cases or clients.

Automate subsequent follow-ups via letters or texts or calls. Decide how many follow-ups to make and how often. Account for those prospective clients who need a lot of hand-holding and won’t be ready to hire you for weeks or months, and for others who want to get started immediately. 

You don’t have to figure it all out immediately. Just start. Think about your last new case or client—what you said and did, what worked and what didn’t. You’ll figure it out, one step at a time.  

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Fake productivity

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We all do it. Scroll through websites and call it research, update our task management system and call it productivity, try different apps and tell ourselves we’ll find one that’s better or faster than what we already use. 

We’re not actually being productive, we’re having fun and distracting ourselves from our daily burdens. And there’s nothing wrong with that. Sometimes, all that playing and tinkering leads to ideas and improvements. 

Go ahead, ask me how many task management and notes apps I’ve tried before landing on my current favs. 

Don’t ask.

Fake productivity is okay. Unless we overdo it, or do it instead of doing things we really need to do. 

I’m not talking about our regular work. We usually get that done, because we have to. Clients are waiting, deadlines are looming, and we do what we have to do. 

I’m talking about the things we don’t have to do, but should. Big things that help us take our practice or career to the next level. 

Otherwise known as “deep work”. 

Deep work requires a lot of thinking, concentration, and hard work. We know we should do it but, too often, we can’t find the time or energy.

Marketing often falls into that category, unfortunately. Planning a series of seminars, writing a book, starting a blog or channel, for example, takes a lot of time and creative energy and are especially difficult when we try doing them at the end of a busy day, or on Saturday after a busy week.

Most advocates of deep work tell you to block out an hour or two each day, ideally in the morning when you (arguably) have the most energy.

Most professionals can’t do that. They have too much else to do. 

There is a compromise. Instead of scheduling an hour or two every day, schedule an hour or two every week. 

Chose a day. Choose a time. Put it on your calendar, and… do it. 

You can accomplish a lot in one hour. Especially when you make it a habit. When you do anything regularly, your subconscious mind continues to work on the subject during the rest of the week while you’re doing other things.

You have other options. Instead of an hour or two each week, you might schedule a half-day every other week. Or a full day once a month. 

Choose something, put it on your calendar, and… do it. 

Because doing nothing isn’t an option.

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Prepare for the busy season before the busy season

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Busy season? Do lawyers have busy seasons? Sure. It may not be a certain time of the year, but lawyers clearly have times when they have more work than other times. 

Lots of work, new clients signing up, trials, meetings, travel, old clients who got in trouble…. 

Maybe an ad took off. Maybe they were in the news for something they did and got noticed. Maybe they got a few referrals, and those led to more referrals. Maybe they met someone at a party and became BFFs. 

Something happened, momentum kicked in, and they got busy. 

You’ve had busy periods, yes? You’ve also had periods when the phones were quiet and you were twiddling your thumbs, waiting for things to change. 

Don’t wait for anything to change. Prepare.

When things are slow, do something. Move. Shake your booty and make something happen. 

Create a seminar or update and promote your old one. Talk to your clients and professional contacts, see if there’s anything they need or if they know anyone who might. Run more ads or hire a consultant to help you improve your campaigns. Get out of the office and meet some new faces. 

While you’re at it, when things are slow, update your systems, forms, and templates, catch up on CLE, take marketing classes, research new markets, experiment with new strategies. 

If things pick up, great, you’ll be ready. If they don’t pick up, hopefully the energy you’re putting in will eventually pay off.

Every lawyer goes through seasons. You don’t know if they will be feast or famine, if or when they might occur or how long they will last. 

The only thing you know is that anything can happen and you need to be prepared.

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Faster than a speeding bullet

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Yes, I know, you are more powerful than a locomotive—at least that’s what you want your clients to believe. You’re invincible—in the courtroom, boardroom and everywhere else. 

As images go, that’s hard to beat. 

But are you faster than a speeding bullet? 

Your clients would like this, too. 

They would like you to complete your work, settle their case, or deliver your work product quickly, because the faster you do that, the sooner they get the benefits they desire. And (they hope) save a bundle on legal fees.

So you might make “speed” a part of your marketing message. 

It can’t be your “unique selling proposition” because, of course, lawyers can’t promise results, quick or otherwise, but it’s a good way to show prospective clients an advantage to working with you. 

Show prospective clients, and the people who can refer them, that you are someone who gets the job without delay.

How do you suggest “speed” without promising it, or sounding like a fast-talking car salesman?

Carefully.

  • When you schedule appointments, offer to see the client today or tomorrow, instead of two weeks out, and schedule those appointments at ten-minute intervals, suggesting that you are busy and work fast.
  • Under promise so you can over-deliver. Tell clients “two weeks” and complete the work in one. Surprise and delight them and create a story they can share.
  • If you use testimonials or quotes from positive reviews on your website or in ads, highlight comments that praise how quickly you got to work and completed it.
  • Talk about how you created many forms and checklists in your practice that allow you to expedite your work process.
  • Update your website with a “modern” look, quicker navigation, and ease of use.
  • Compare and contrast—describe how “most firms” (your competition) do things and show how you are different (better, faster).

Talk fast, walk fast, and show clients you have high energy. Because lawyers who move quickly usually work quickly. 

Most lawyers emphasize quality and trustworthiness and you must, too. But most lawyers don’t even hint at speed, so if you do, you’ll stand out. 

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Client surveys

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Lawyers ask questions to diagnose clients’ problems and prescribe effective solutions. We question witnesses and other parties to learn what they know and how they can help or hurt our case. We hire experts and ask for information and advice to help us better manage our cases. 

Questions are the cornerstone of legal work. But they can be much more. 

Asking questions—through surveys, questionnaires, interviews, and even just conversations—can dramatically improve a lawyer’s marketing and practice management.

What can you ask? Here are a few ideas:

  • Ask prospective clients how they found you and what they heard or read. Did they see an ad? Where? What caught their attention? Were they referred by another client or another professional? What were they told that inspired them to make an appointment? 
  • Ask new clients how they were treated at their first appointment. What stood out about what they saw and were told? Was everything explained to their satisfaction? Did they understand fees, costs, and other terms? What did they like best? What could you improve?
  • Ask existing clients what groups they belong to, to help you identify where you might advertise, network, write articles, or speak. 
  • Ask your subscribers (newsletter, blog, social media) which topics they’d like you to write about.
  • Ask clients if they know about your other services. “Did you know we also do X?”
  • Ask everyone if they might anyone (at work, in their neighborhood) who might like a free copy of your new report or a link to your video. 
  • Ask all clients about their industry or market, business or practice, to “get to know them better” (to create more effective marketing collateral and offers). 
  • Ask all clients if they would recommend you to others and what they would tell them. This could lead to reviews, testimonials, referrals, and ideas for improving your services or your marketing message.
  • In conversation, when you learn a client or contact knows someone you’d like to meet, ask if they would introduce you. 

You can pass out questionnaires at presentations. You can conduct “exit surveys” at the end of cases. You can add “getting to know you” questionnaires in your “new client kits”.

And you can ask clients for feedback or information about themselves or their business any time you meet. 

Questions like these can not only help you create more effective content and marketing messages, they can help you strengthen relationships with your clients and contacts because they really will help you get to know them better.

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