Marketing do’s and don’ts for lawyers (and doctors)

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Several years ago, I had an appointment with a dermatologist. No, I don’t remember why but thanks for asking. Anyway, I got an email from them yesterday. From a marketing perspective, the email got two things right and several things wrong. 

See if you can tell what’s what. 

The email subject line: “We’d Love to See You Again”

The body of the email: 

“Hi there,

It’s been a little while since your last visit, and we just wanted to check in.

Whether you have a concern you’d like to discuss, or are interested in cosmetic treatments, we’re here for you.

Please schedule your appointment online, [website], request a callback here [link], or call us directly at [telephone]. 

Sincerely,

(Name of the clinic)

-— 

That was the entire email. 

What did they get right? 

First, they contacted me. Many professionals don’t do that. You hire them once and never hear from them again. Bad for them since they get less repeat business or referrals. Bad for patients and clients who might need help but not get it. 

So, kudos to them for contacting me. 

The second good thing they did was to give me several options for contacting them. The easier it is for a patient or client to contact you, the more likely it is that they will. 

A professional will get more business doing those two things. But they could get a lot more:

  • It’s been years since I heard from them. Staying in touch with patients or clients means contacting them more often than once every several years. When you’re out of their mailbox, you’re out of their mind. Even if they don’t need your services immediately, they might need them soon and remember hearing from you, or know someone they could refer. 
  • They didn’t tell me who they were and it’s been a while. They mentioned the name of the clinic and I had to think about who they were, which I did for the purpose of writing this post. Most patients wouldn’t bother. 
  • They listed the generic-sounding name of the clinic instead of the name of the doctor. It would be easier to remember the name of the doctor. Make sure your name in all of your communications, not just the name of your firm. 
  • “We’d love to see you again” (subject line); “We just wanted to check in” (body). Sorry, Charlie, nobody cares what you want. What does the patient or client want or need? You can’t get the attention of a patient or client or prospect by talking about yourself and what you want; talk about them. 
  • They didn’t tell me why I should make an appointment. They leave it up to me to figure out if I might need or want to see them again. Their message should reference problems I might have or want to avoid. Tell your list what you can help them with and you’ll get more appointments. Leave it up to them and you’ll get fewer because clients don’t know what they need or even what they want.
  • Why this clinic? Why should I see them (again) instead of any other doctor or clinic? Always tell clients and prospects why they should hire you or talk to you instead of any other doctor or lawyer. What do you do that’s different or better? What do you specialize in? What’s new I should know about but might not hear from other lawyers?

Finally, they should have made an offer. A free consultation, a discount, an invitation for a friend, or information–a report or checklist, a seminar or video or some other incentive will get more calls and appointments. 

Some things to keep in mind the next time you contact clients and prospects, and I hope that’s soon.

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It might be time to put your marketing on a diet

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Have you heard of the elimination diet? It is described as “a short-term diagnostic tool. . . designed to identify food intolerances, sensitivities, or allergies by removing suspected trigger foods and then reintroducing them systematically, to see if symptoms resolve during the elimination phase and reappear upon reintroduction.” 

Basically, you eliminate foods or supplements that might be causing you issues, reintroduce them one at a time, and see what happens. Do your symptoms stop? Improve? Stay the same? Get worse? 

Last year, I wanted to see if I could improve my sleep so I stopped drinking coffee for a few months. I didn’t get more sleep or better sleep and (not surprisngly) had less energy throughout the day. When I started drinking coffee again, my energy improved, my sleep didn’t worsen, and I’m (happily) back to enjoying the bean. 

I’ve done similar experiments with vitamins and supplements I’ve taken and discovered that some bothered me, some weren’t helping, and some could be eliminated completely. 

That’s the idea behind an elimination diet. And if your marketing and practice development efforts aren’t working the way you would like, you might consider doing the same thing.

If you suspect your advertising is costing more than it should, for example, turn it off and see what that does to your numbers. You’ll probably get fewer leads and cases or clients but your net income might actually be higher. if you think the time you spend networking or creating content isn’t worth the effort, stop doing what you’re doing and re-introduce each activity one at a time. 

You can also do an elimination diet (in reverse) for strategies you’re not doing. 

If you’ve never advertised, for example, or it’s been a long time since you’ve done it, if you’ve eliminated advertising from your marketing, consider introducing or reintroducing it and seeing what happens. 

I’ve cut out ads and publications that were no longer pulling, started them up again after a period of time and found they were profitable. I don’t know why but I didn’t question it. 

That’s how marketing works. 

We’d all like our marketing to be consistently profitable but things change and we need to accept that and roll with those changes. 

Yes? Yes. And now it’s time for another cup of Joe. 

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How to increase your legal fees

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When my accountant completed my tax returns last year, he sent them to me for my signature, along with his bill. Everything looked good, except for one thing. His fee was a lot higher than it was the previous year, and that was higher than the year before that. 

And it was a big increase. Almost shockingly so. 

What did I do? 

I paid it. 

I thought about making a stink, even finding another CPA, or at least telling him I wasn’t happy about the increase and asking him why. But I’ve been with him for decades; he does good work and I trust him and I’m pretty sure he saves me more than his fee. And, let’s face it, inflation has been bi-otch for the last several years. 

So I said nothing. 

But the increase still rattled my bones.

So, if you’re thinking about increasing your fees anytime soon, I have some advice. 

First, don’t agonize about it; do what you have to do. Clients understand that the price of everything goes up and that things tend to cost more this year than last. But don’t just send your clients a higher bill—give them a heads up. 

Tell them in advance that your fees are going up and tell them why.

Mention inflation or other factors. If it’s been a while since the last time you increased your fees, mention that, too. And don’t wait so long next time because the longer you wait, the bigger the increase, and the more shock and awe your clients might feel.

Also, do what you can to take care of your most loyal clients. The ones who have been with you for a long time. Consider delaying the increase for them and tell them that. “As one of our most valued clients, we’re keeping your rate the same for the next 3 months,” for example. 

I would have appreciated getting a note from my accountant along those lines. 

In short, show your clients you don’t take them for granted. Put yourself in their shoes and do what you would like them to do if your roles were reversed.

They might be shocked at the size of your next bill, but if you’ve done things right, they’ll pay it. 

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How to plan your day in 5 Minutes or less

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Every morning, I spend a few minutes planning my day. It only takes 5 minutes because I (usually) do just three things: 

  1. I check my calendar to see if I have upcoming appointments for the day or the week. Is there anything I need to prepare? Is there anyone I need to notify? Is there anything I need to reschedule?
  2. I check my messages. Do I have any emails that require action? If it’s a one or two word reply, I usually do that on the spot. If something requires more thought or research, I forward those to my task app. The same goes for phone messages. Anything that isn’t actionable I delete, forward to a “read later” app, or leave it in my inbox and look at it on the weekend when I do my weekly planning and have more time.   
  3. I check my tasks. What have I planned to do today? Too much? Too little? Just right? Anything I need to adjust?

And I have my plan for the day.

If I feel like it, I often also do a quick tidy up, meaning emptying inboxes, filing notes in the appropriate project or folder. 

Anyway, that’s how I start my day. t’s only a few minutes, and I consider it time well spent.

It’s only a few minutes because:

  1. I choose the tasks and projects I plan to work on that day the night before. It’s the last thing I do before calling it a night, and allows me to relax and enjoy the evening.
  2. I do a weekly reset (plan, review) each weekend. 
  3. My calendar and task management apps are always with me and available in case something comes up or I run out of time, or I’m tired and need to change something. 

So, how about you? Do you make a daily plan? What do you include? How long does it take? 

Do you do it every day or just when you think of it?

I do it daily because it helps me start the day with clarity and focus. It’s worth it to me. But frankly, if it took more than a few minutes, I’m not sure I would do it consistently. 

I know that because of my many off-and-on-again efforts to do weekly planning. 

When a weekly review took 90 minutes, or even 30 minutes, I often found myself avoiding it. It wasn’t worth it.

Now? My weekly planning is just 15 minutes. For reasons I’ll talk about in another post. 

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Growing your practice by doing LESS? 

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This might be the year you take your practice to a much higher level. But not in the usual way. Not by doing more, but by doing less. 

What do I mean? 

I mean that instead of increasing your billable hours, getting more cases or clients, ramping up your ad spend or expanding into new markets, you cut back on what you’ve been doing or planned to do this year. 

You don’t hire more employees or open another office. You don’t force yourself to create more content or do more networking. Growth doesn’t always require “addition”. It can also occur through “subtraction”. 

Doing less but better. 

It might mean putting fewer hours into marketing but getting better clients or bigger cases, or more income and greater profits.

How does that happen?

When you do less or spend less on something, you have more time and energy and cash (and enthusiasm) for doing something else produces better results. Or allow you to accomplish more with less effort. 

When we simplify our marketing and management workflow, we get better at what we do. When we spend less on one strategy or in one market, we have more to spend on others.

It’s called leverage. The 80/20 principle. Working smarter. And it’s a beautiful thing.

Start by taking inventory of what you did last year—all of your time, all of your expenses, all the people and processes you managed. 

Then, review the list and consider what you could cut or change. 

Maybe this is the year to downsize some personnel. Maybe you can do just fine with a smaller office. Maybe one ad or one marketing technique is producing the lion’s share of your income and the rest aren’t contributing much.

Of course, you might also see things that are worth expanding, and others you’ll simply decide to continue. 

It’s all good. 

Sometimes you subtract, sometimes you add, and sometimes, you appreciate your blessings and look forward to the coming year.

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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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