Do no harm: The easiest way to increase law firm profits

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[I’m taking it easy this week and re-publishing this post from 2012.]

In medicine, The Hippocratic Oath includes the Latin phrase, Primum non nocere, meaning, “First, do no harm.” Attorneys need a similar pledge, not just to protect our clients, but to protect our bottom line.

According to a study from The George Washington University (ppt–not worth downloading, IMHO), the cost of a dissatisfied customer is staggering:

  • The average business does not hear from 96% of unhappy customers
  • For every complaint received, there are 24 people with unvoiced problems; six are serious
  • 90% who are dissatisfied with the service won’t return
  • The average customer with a complaint will tell 9-10 people; 13% will tell more than 20 people

Other studies confirm numbers like these. The bottom line: losing one client could cost you a lot more than you earn from one new client.

Therefore, the easiest (and smartest) way to increase your profits is to stop losing clients.

There is some good news from the study:

  • Of those who complain, 50-70% will do business with you again if the complaint is resolved. 95% will return if it is resolved quickly

Therefore, you must encourage your clients to let you know when they aren’t happy so you can fix the problem quickly and can take steps to make sure the problem won’t occur with other clients.

Remember, most unhappy clients don’t complain. They just leave–and tell others that you are a Bozo.

Here’s how you can solicit this extremely valuable feedback from your clients:

  • Include feedback forms in your “New Client Kit”
  • Post surveys on your web site
  • Tell clients (repeatedly) that if they ever have an issue of any kind, you want them to call you personally (and give them your cell phone number or direct line)
  • Put a “Suggestion Box” link on your web site. Allow people to contribute (or complain) anonymously. Promote this box via your newsletter and blog
  • Put stories in your newsletter about suggestions you received and implemented.
  • Interview clients at the end of the case. Ask them, (1) What did we do well? and (2) What could we do better?
  • Thank everyone for their ideas and feedback, publicly if possible

In other words, if you want feedback, create an environment where feedback is encouraged, appreciated, and most of all, acted upon.

Often, perhaps most of the time, unhappy clients aren’t unhappy because the attorney did something wrong, they are unhappy because of poor communication:

  • Something wasn’t explained properly.
  • The attorney didn’t keep the client informed.
  • The client’s phone calls weren’t returned.

If you ever drop the ball in any of these areas, don’t worry, these are easy to fix. If any of your clients were unhappy with their previous attorney for any of these reasons, celebrate. This is a tremendous opportunity for you to convert them into raving fans.

The best way to maintain law firm profits: marketing

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Cats don’t like change and neither do your clients

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When there’s a stranger in our house you’ll usually find my cat hiding under the bed. If we were to re-arrange the furniture, I’m sure it would have the same effect.

Change makes cats uncomfortable. It’s different and scary. They prefer things the way they are.

To some extent your clients are the same way.

You know this is true. Imagine going to Amazon.com to shop your usual categories and one day all of the pages and links are different. You’d be confused and uncomfortable and wonder what’s going on. You might feel a little betrayed.

Why did they do that? Where’s the link? I don’t have time to figure this out! What else did they change that I don’t know about? What’s next?

I know you understand this. Lawyers tend to dislike change even more than their clients. But change is inevitable and more often than not leads to good things.

So don’t avoid change, just be judicious about implementing it. And think about it from your client’s point of view.

Consider what your client’s might be thinking and feeling when you:

  • Assign a different lawyer or staff member to their case,
  • Increase your fees,
  • Change billing methods,
  • Change the schedule/due dates,
  • Re-do your website,
  • Introduce new reports or forms you send them, or
  • Move your office.

Make changes as smooth as possible for your clients, and also for your staff who will be implementing these changes and explaining things to nervous or confused clients. Do your best to

  • Keep change to a minimum. Not too much, not too often.
  • Keep your promises. Grandfather in existing clients, if need be.
  • Give plenty of warning. Don’t spring things on them at the last minute. Let them process and prepare.
  • Explain why you made the change, and how the client will be better off.
  • Offer extra help: people they can talk to, pages they can read, longer hours during a transition.

Follow these guidelines, use common sense, and see things the way your clients see them. Your clients may not universally applaud these changes, but in time, they will accept them. Even my cat eventually comes out from under the bed.

Marketing is everything we do to get and keep good clients. This will help

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Running a law practice like a restaurant

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The restaurant business is an especially challenging business model. There is so much money at stake, and so many things that can go wrong, it’s no wonder that so many restaurants fail. And yet, when you get it right, a restaurant can be remarkably profitable.

Customers come back again and again, word-of-mouth brings more business, and before you know it, you’re hobnobbing with the culinary elite. Or something like that.

In a way, a law practice is like a restaurant. You’re in the service business. You have to get a lot of little details right. Your menu is similar if not identical to the menu offered by the lawyer next door. If you want your customers to come back, you have to please them. If there’s a problem, you have to fix it.

When a restaurant insists on being right, they often win the battle and lose the war. Charging an extra $1.50 for a slice of cheese on a burger, or being overly aggressive in pushing customers to order appetizers or dessert, may earn a higher profit on that customer’s visit but it may also be decidedly shortsighted.

When a customer comes into your establishment, as the owner of that restaurant your primary goal shouldn’t be to earn as much as possible from each transaction. Your primary goal is to make the customer want to return.

Running a law practice is no different.

Even if you predominately have one-time clients who never need your services again, you should bend over backwards to please them because each one-time client can send you referrals. And they will, if you treat them right.

Opening a law office requires only a fraction of the capital investment required by a restaurant. Your investment comes later. Each time you give your clients more value, you are investing in their return and referrals.

I hear tales of lawyers arguing with their clients over a $100 billing issue. That’s silly. Let them win, even if they are wrong, even if they are taking advantage of you. In most cases, your investment will pay off.

No, don’t be a sucker. If a client fights you over everything and is making you and your staff miserable, you have to draw the line.

Tell them to try the restaurant down the street.

How to handle billing issues like a pro

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You are advertising, whether you know it or not

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I was looking at an email from an attorney. At the bottom, after his signature, it said, “Attorney at Law”. He provided contact information but said nothing about his services.

He’s advertising, but doing it badly.

Why badly? Because an attorney is what he is, not what he does.

Telling people you’re an attorney tells them almost nothing. Do you handle car accidents and help people get compensation for their injuries? Do you help people get amicably divorced? Do you represent big businesses on environmental matters, or small start-ups take their first steps?

His email, and everything else he puts out into the world, should tell people what he does.

How about you? When someone asks, “What do you do?” what do you say? Do you tell them what you are or what you do? Do you tell them the services you offer? Do you at least tell them what kind of law you practice?

Because you’re advertising, whether you know it or not.

On your business cards, your stationery, your website, and the sign outside your office, don’t just say you are an attorney or that you offer legal services, tell people what you do.

What services do you offer? What benefits do they get when they hire you? What kinds of clients do you represent?

Don’t make people ask you what you do or how you can help them. Don’t make them visit your website to find out.

Tell them, right up front, “This is what I do and this is how I can help you”. You’ll get more people clicking, calling, visiting, and saying, “Tell me more”.

Want a website that gets clients? Here’s how

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When is it okay to ask your client to wait?

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I hate waiting. It’s an issue with me. When I have an appointment with a doctor at 1pm, I expect to be seen at 1pm.

That’s the time of my appointment. Don’t make me wait.

Show me some respect. I’m paying your rent and putting braces on your kid’s teeth. I have my own clients to see. I blocked out time to see you.

If my appointment is at 1:00, don’t see me at 1:30 or even 1:05.

Don’t make me wait.

When a doctor or other professional doesn’t see me on time, I’m up at the desk asking why. I let them know I’m busy and can’t wait. I’ve been known to threaten to send the doctor a bill for my waiting time. I’ve been know to leave and get another doctor.

As I said, I hate to wait.

I’ve been doing some conference calls this week. As usual, some of the participants get on the call after the scheduled time. I don’t wait for them. If we’re scheduled to start at 5pm, that’s when I start.

Why should I make the people who show up on time wait for the ones who don’t?

When you start on time, you show people that you are organized and disciplined and professional. It shows that you keep your promises and tells people that they can count on you.

Don’t be late. Don’t make people wait.

Some say being late makes you appear more important. Nah, it just makes you rude.

Something else. When a client is in the office with you and your get a call, I know you know better than to take that call. I know you instruct your staff that unless it is an emergency, when you have a client in the office you are not to be disturbed.

Please say you do that. Please say you know it’s rude to take calls when a client is in the office.

Okay, good.

But how about when you’re on the phone with a client? Have you ever said to a client, “Can you hold on for a minute?” so you can take another call? Even if it is to tell the new caller that you’ll call them back?

Maybe that doesn’t rise to the level of rudeness but if you think about it from the client’s perspective, it tells them that other people are more important than they are.

Even though it’s just for a minute. Even though they said it was okay.

Marketing legal services like a pro

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Playing ‘hot potato’ with your client files

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There’s a productivity maxim that says we should only touch a piece of paper or file one time. If you pick it up, you do something with it. Get it off of your plate and onto someone else’s.

It’s like the kids’ game, ‘hot potato’. You have to hand it off quickly, lest you get stuck with it when the buzzer sounds. (No extra charge, there, for using “lest” in a sentence.)

Fortunately, most of what you have to do on most of your files can be done quickly. Take a look, make a decision, scribble a note, done. Give it to your secretary or assistant to carry out your instructions.

When I was practicing, I would come into the office in the morning to a big pile of files and papers on my desk. My mission was to get through that pile as quickly as possible and put those files on my secretary’s desk.

I’d write a note, review an incoming letter, dictate something, sign a letter, and so on, and in a minute or two, each file was done and off my desk.

It was a game and I played it well. I delegated like a boss, because, well, I was the boss.

Of course there were plenty of files that required more than a few minutes of attention. No problem. As I chopped the wood pile down to size and got rid of the kindling (the easy files), I started a new pile of bigger logs. This didn’t violate the “touch once” rule because I did something with the bigger files–I looked at them, decided they needed more time, and put them in another pile.

An overwhelming pile of twenty-five files would thus (no charge there, either) be reduced to a much more manageable five or six. While my staff was working on the pile I had given them, I would dig into the bigger projects.

Yes it’s all a mental game. But if you’re like me, it’s a game you enjoy playing. You keep your staff busy, you keep your desk clear, and you get more balls into the opposition’s court so they can do what they have to do and get back to you with offers.

That’s how you keep the cash flowing and go home early.

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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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How to build a successful appellate practice

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When I was a brand-new, wet-behind-the-ears attorney, I had a case that went up on appeal. I wrote the brief and argued it before the state appellate court. I lost, but I thoroughly enjoy the experience and remember thinking it would cool to have an appellate-only practice.

I never achieved that, but I recently interviewed an attorney who did.

Steve Emmert is a Virginia attorney who built an appellate-only practice when other lawyers told him he couldn’t. He went on to become one of the most successful appellate attorneys in the Virginia.

This morning, I published a short Kindle ebook with the complete transcript of that interview. You can download it for just .99 cents, or free if you have Kindle Unlimited.

And you should download it, even if you don’t do appeals or have no interest in doing so.

In the interview, Mr. Emmert shares advice for building a successful law practice that applies to any practice area. Go look at the sales page and you’ll see what I mean.

Please let me know that you downloaded the book, and please leave a review. And if you know any appellate lawyers or lawyers who would like to have an appellate practice, please tell them about the book.

But there’s another reason why you should grab this book. You will see how easy it is to turn an interview into an ebook, something every attorney should do.

A book like this can bring traffic to your website. It can bring you new clients and new referral sources. It can lead to new speaking and networking opportunities, and it can help you build your list.

In fact, I’m writing a book on how to that. (Stay tuned).

Get How to Build a Successful Appellate Practice

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Are you too good at your job?

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Your clients want you to solve their problems. The quicker you can do that, the better, right?

Maybe not.

If you’re too good at your work, if you finish too quickly and display an apparent lack of effort, your clients may not appreciate your superior ability and may object to the amount you charge.

Psychologist Dan Ariely tells a story about a locksmith who told him that as he got better at his job, his customers didn’t value what he was able to do.

“He was tipped better when he was an apprentice and it took him longer to pick a lock,” he said. “Now that it takes him only a moment, his customers complain that he is overcharging and they don’t tip him.”

“What this reveals is that consumers don’t value goods and services solely by their utility, benefit from the service, but also a sense of fairness relating to how much effort was exerted,” Ariely explains.

So what should you do if you’re too good at your job?

Perform some magic. A little slight of hand.

Don’t let clients know that you did the work without breaking a sweat. If you can prepare a document in 30 minutes, because you have the forms and because you’ve done it 100 times before, consider holding onto it for a few days before sending it to the client. Let them think that you worked and re-worked the document to get it just right.

Caveat number one: Don’t lie. It’s okay if they think you took three days to do it, but don’t tell them you did. Also, if you bill by the hour, obviously you shouldn’t bill for more time than you actually took. (Yet another argument in favor of jettisoning the billable hour.)

Caveat number two: Don’t overdo it. Many clients do see a benefit to your ability to get the work done quickly. In fact, quick turnaround might be a marketing point of differentiation for you. So don’t drag things out.

The best course of action is to manage your clients’ expectations. Under-promise so you can over-deliver. If you can do it in 30 minutes, promise to deliver it in a week. Then, deliver it in three or four days.

Marketing legal services is easier when you have a plan

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Five keys to growing a law practice and increasing cash flow

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You probably know most of what I am about to tell you, but knowing something doesn’t mean you’re doing it or that you can’t do it better. So consider this a helpful reminder to regularly examine these five areas of your practice:

1) Marketing

Marketing is everything you do to get and keep good clients, and it should be your top priority. Examine the marketing activities you now do and see how you can do them better. Look at other strategies you can implement. Look for ways to expand what’s working and minimize or eliminate what’s not.

2) Systems

Every practice should set up and maintain manuals that detail every aspect of work flow and office management. Detailed checklists, forms and templates, and the like, help you do what you do more quickly and efficiently, train new hires and temps, reduce mistakes, save money, and increase profits.

3) Personal Development

Everyone associated with the practice needs to continually re-fresh and improve their professional and personal skills. These include staying current on law and procedure, learning how to use technology, and improving their writing, speaking, salesmanship, marketing, and productivity skills and habits.

4) Human Resources

Hiring and outsourcing are an important part of improving profitability. You need to regularly review who’s working for you, what they’re doing, what else you can assign them, training, scheduling, and incentives. You should also consider when to hire additional staff or replace the ones who aren’t doing a good job.

5) Infrastructure/expense management

Every dollar saved is a dollar earned. This category includes offices, leases, service contracts, technology, library, supplies, repairs, insurance, etc. Can you get it for less elsewhere or by buying in bulk? Can you negotiate? Can you eliminate it? Also look for ways to make the work environment safer, more compliant, and more pleasant for staff and clients.

Of these five categories, most lawyers should focus 70-80% of their time and resources on marketing. When you bring in more clients, bigger cases, or higher fees, the rest of the things on this list will be relatively easy. When you don’t, the rest don’t matter.

Marketing plan for growing a law practice: Go here

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