Law office management

Collection attorney sends wrong form letter to debtor, includes advice on debtor’s rights

June 28, 2013 by David M. Ward

It happens. Someone screws up and the threatening letter that was supposed to go to a debtor inadvertently contains language advising the debtor about his rights and options in defending against collection.

Ugh.

I heard about it and I could feel the attorney’s pain. We’ve all sent letters out with mistakes in them or sent letters or emails to the wrong party.

It’s embarrassing, to say the least. It could present legal and ethical issues. And it has the potential to cause a good client to leave and never come back.

In this case, somebody keyed in the wrong code. The wrong boilerplate was included in the letter and nobody caught the error.

The problem was compounded by the fact that a draft of that letter was not sent to the client (creditor) prior to being sent to the debtor. The firm does a boatload of collection letters and they are nearly always the right letter sent to the right party. “Why add expense and delay to the process,” I suppose they were thinking.

Well, aside from the fact that the client would have caught the error the attorney and his staff missed, from a marketing and client relations standpoint, it is the correct thing to do.

It shows the client that you respect him and value his input. It allows the client to feel involved in the process. And it builds the value of what you do.

It may be a form letter, but you want the client to feel that you at least took a moment to consider what he told you about the case and put some thought into the letter you are sending on his behalf.

Unless there is a prior understanding to the contrary, an attorney should send everything to the client, before they send it out or file it and again after they send it out or file it.

Okay, it didn’t happen in this case. The client is upset. Instead of threatening the debtor and getting them to pay up, their attorney advised the debtor about his rights, making it less likely that they will pay.

Now what? What should the attorney do?

From a legal perspective, there probably isn’t a whole lot he can do. He can send a “oops, wrong letter” letter and hope to clean up some of the damage, but who knows whether or not that will work.

From a client relations standpoint, the attorney should:

Take personal responsibility for the error and not blame anyone else in the office or try to excuse it as a computer glitch
Apologize profusely, in writing, on the phone, and in person
Cancel the fee for the letter and send another letter at no charge
Offer to handle the collection for free or at a greatly reduced fee

In addition, the attorney should explain to the client what happened and tell them the steps he is taking to ensure that it won’t happen again, not just for this client but for all of his clients.

Clients understand that mistakes happen. They want to see you own up to them, fix them, and prevent them from happening in the future. Most of all, they want to see that you care about them and are willing to do whatever it takes to make them happy. Especially when you screw up.

Marketing is everything we do to get and keep good clients. Here’s how.

Filed Under: Client loyalty, Client relations, Law office management, Marketing legal services Tagged With: boilerplate, fixing mistakes, form letters, keeping clients happy

How to stop other lawyers from stealing your ideas

June 21, 2013 by David M. Ward

I got an email from a lawyer who says other lawyers are copying her firm’s marketing. Some are lawyers who left her firm and opened a competing practice. “I know this is supposed to be the highest form of flattery, but it drives me nuts. Why can’t people come up with their own ideas?”

Wow, a lawyer with marketing ideas worth copying. You don’t see that every day.

Anyway, let me address the issue of what to do about people who are stealing your ideas.

You might be expecting me to say something about non-compete and non-disclosure agreements, copyrights and trademarks, but I have to assume she has that covered. She knows what to do to protect herself legally. She wants to know if there’s anything she can do to make it harder to copy her ideas in the first place.

Yes, there is something you can do.

First, whatever it is you are doing, don’t beÂ quiet about it. Don’t try to sneak in under the radar, do it big. Do it loud enough so that everyone knows you are doing it.

True, your competitors will also notice, but they are going to find out anyway. You can’t stop them. And you can’t stop them from using your ideas. But you can make enough noise so that when they do copy you, the market will see what they’re doing and realize that they are copycats and you are the original.

If I were to start a computer company today and tried to copy Apple’s marketing, I would be laughed at (and sued). Everyone would know that I was a wannabe and that Apple was the original. My marketing would remind everyone that Apple was the first and the best and I would wind up selling more Apple products than my own.

If you are the Apple of law firms in your practice area and market, nobody will be able to touch you.

The other thing you should do is infuse into your marketing as much of your personality and style as possible. Don’t make it about “the idea,” make it about YOU. Because you are unique. You can’t be copied.

Use your name and photo in all of your marketing collateral. Tell personal stories that nobody else can tell. Record audios and videos and do webinars and interviews that feature you as the face of your firm.

Your ideas will still be copied but you will always be the original, and the best.

One more thing. The fact that other lawyers stealing your ideas “drives you nuts” will only serve to perpetuate your frustration. It’s the Law of Attraction. What you focus on, you get more of.

You have to let it go.

There have been many times in my life when I was frustrated about something. As long as I continued to think about what I didn’t want, I continued to get more of what I didn’t want. When I was (finally) able to let go of my emotional attachment to what I didn’t want, that’s when I got what I did want.

I know, kind of airy-fairy. But true.

Think about the reality of people stealing your ideas. Not a good feeling, right? Now, think about some aspect of this that feels better. Maybe that even though they are stealing your ideas, your firm is still doing well. Or that you realize that ideas are a dime a dozen and that it’s the implementation that counts. Or maybe that the idea of becoming the Apple of law firms in your market challenges and excites you.

Let go of your frustration and continue to think thoughts that feel good when you think them. Get excited about all of the goodness that lies ahead for you. When you do, you will be at a place that is so far ahead of other lawyers, they won’t ever be able to catch you.

Need marketing ideas? Try thisÂ or this.

Filed Under: Dealing with stress, Law office management, Marketing legal services, Personal development Tagged With: Branding, branding-law-firm, intellectual property, protecting ideas, stealing ideas

What do clients want from their lawyers?

June 7, 2013 by David M. Ward

What do clients want from their lawyers? I don’t mean just your work product or the results of your efforts.

I’m talking about their overall experience with you and your firm.

You need to know so you can give it to them.

You should ask your clients what they want. Put up a survey on your website or hire a firm to conduct one over the phone. Or mail a questionnaire to your former clients.

But what do you ask?

I was thinking about this the other night while I was watching a commercial for a hotel chain. I asked myself what I thought was the most important factor for me in choosing a hotel. The answer came to me immediately: cleanliness.

Now I’m not a clean freak, by any means. I’ve stayed in hotels before that weren’t particularly clean and I survived. But if I have a choice (and I do) and I’m going to be sleeping in a bed that hundreds of others have slept in, I’m going to choose a hotel that appears to have very high standards of cleanliness.

I jotted down other factors I might consider in choosing a hotel (in no particular order):

Convenient location
Security features
Quiet rooms
Free wifi
Reasonable prices
Free breakfast
Participation in my credit card rewards program
Starbucks in the lobby or nearby

Some are more important than others. Many of them I can live without, but each one is a selling factor.

Now, do the same thing for your practice. Make a list of what you think clients want from their lawyers, specifically, you and your firm. Try to think of things your clients would tell you and things they might not say but nevertheless want.

I’ll help you get started:

Office near the client’s home or work
Early/late/weekend appointments
Phone answered within three rings; on hold for no more than 30 seconds
Clear explanation of options, risks, timeline, contingenices
No pressure to sign up
Polite treatment by staff, attorneys
Being seen at the time of the appointment (not having to wait)
Billing statement that’s easy to understand and sufficient detail
Flat fees, so they know in advance the total cost
Not being charged for every phone call, every copy (not “nickeled-and-dimed”)
Payment options (payments, financing, credit cards)
Regular progress reports (at no additional charge)
Returned phone calls within 48 hours maximum, preferably 24 hours
Free/validated parking
Starbucks. . .

Now you have some ideas for creating a survey. You also have some ideas for improving your services.

Don’t stop there. Dig deeper and see what else you can come up with for improving client relations. In the category of being “polite treatment,” for example, think about how you would make that occur. You might want to start another list:

Greeted by name upon arrival
Smile, eye contact, asking about their day
Shaking hands
Offering water, soft drink or coffee
Having coloring books or toys available for children
Box of tissues within reach of the client’s chair
Not taking calls or checking text messages during appointment
Introducing other staff who will be working on their case
Brief tour of the office
Patiently and thoroughly answering all questions
Walking them out after the appointment
Personal Â thank you note from lawyer

What do clients want from their lawyers?Â If you were hiring a lawyer, what would you want? Write that down. Now you know.

Marketing is everything you do to get and keep good clients. Here’s the Formula.

Filed Under: Client relations, Law office management, Marketing legal services

What does your law firm voicemail message say about you?

May 16, 2013 by David M. Ward

When someone gets your law firm voicemail, what they hear (or don’t hear) can be the difference between them leaving a message and dialing the next attorney on the list. First impressions are sometimes last impressions.

I returned a call from an attorney the other day and got his voicemail. Did I hear a business-like message for his law office? No. I heard an electronic voice telling me the person I was calling was unavailable, meaning he had not recorded a personal voicemail message. I wasn’t sure I had reached the right person and had to double check the number. I left a message, but had that uneasy feeling you get when you’re not sure if you’re speaking to the right person.

Granted, I may have been calling his personal cell, not his office, but still, it didn’t make a good impression.

If someone gets your law firm voicemail, it should tell them the name of your firm, so the caller knows they have reached the right number, your office hours, and invite them to leave a message. If appropriate for your practice, it should also state what to do after hours or in an emergency.

The message should be recorded by someone other than you and should be warm and business like. The caller should come away with the impression that you are professionals who pay attention to detail.

If someone calls your direct line, or cell, you should record a similar message. At least state your name, so the caller knows they have reached the right person.

One more thing. Listen to your message after you record it. Make sure there are no background noises. Messages that were obviously recorded in your car are not professional. And make sure you sound like you care. If you sound bored, distracted, or rushed, you’re telling callers they aren’t important.

My best tip: stand up and smile when you record your message.

Now, excuse me while I go listen to my voicemail.

Marketing legal services made simple: The Attorney Marketing Formula.

Filed Under: Image, Law office management Tagged With: law firm voice mail message, law firm voicemail

Building a high volume law practice

May 8, 2013 by David M. Ward

When I started practicing, my goal was to build a high volume law practice. Lots and lots of smaller cases and clients.

Why?

Because there are more of them. I figured I had more chances to get small cases simply because there were more of them.

And because when I was getting started, I wasn’t good enough to handle the big ones.

But even when I was good enough, I still focused on small cases. My thinking was that a high volume of small to medium size cases would scale. As I brought in more business, I could hire more employees and get a bigger office. Or, as I later did, I could open a second office. And, if things didn’t work out, I could just as easily scale down.

Small cases meant smaller risk. Big cases require a big investment of time and resources and with only a handful of those cases, I could suffer some big losses if one or two went south.

The other reason is that a high volume law practice would make marketing easier. More clients meant more opportunities to get referrals from those clients. 500 clients meant 500 fishing lines in the water.

And I was right. I got lots of referrals. And life was good.

I always thought my exit strategy would be getting one or two monster cases that would allow me to cash out and be “done”. In law school, we heard that’s what our torts professor had done and it sounded good to me. But it never happened. I got some decent sized cases, but no monsters.

Many attorneys turn away small cases. They want bigger cases, with a bigger potential payoff, and there’s nothing wrong with that.

They probably don’t get as many referrals as I did, but the referrals they do get are bigger. If they’re really good, they get referrals from other attorneys who don’t handle big cases.

Some attorneys do it all. Small cases, medium cases, big cases. Bring it! The small cases allow the firm to finance the bigger cases. That works, too.

There’s no right or wrong way. You have to find your way.

If you aren’t (yet) a great attorney, be a prolific attorney. If you are a great attorney, you’ve got options.

If you want to get more clients and increase your income, learn The Formula.

Filed Under: Law office management, Legal industry, Marketing legal services, Referrals, Relationship marketing Tagged With: high volume law practice

How do you find out why they didn’t hire you?

April 10, 2013 by David M. Ward

In yesterday’s post, How often should I call a prospective client?Â I said you should follow up with a prospective client after a free consultation, but not call them because calling is bad posture. In response, I got an email from an attorney who said, “If you don’t call them how will you find out why they didn’t hire you?”

It’s a good question.

If they don’t call you within a suitable period to give you the go ahead on their case or matter, you can send them a form letter seeking feedback about your office’s “customer service”. Were you well treated, Did we answer all of your questions, that sort of thing. Then, ask if they plan to go ahead with their case or matter and if not, why not. You might provide multiple choice answers for them to tick off, and room for additional comments.

Send this with a cover letter about how you are constantly seeking to improve your services to your clients and you would greatly appreciate it if they would fill out the survey and return it in the envelope provided. You might offer to send them a free report or a $10 Starbuck’s gift card to say thank you.

Anyway, this should give you some feedback on what you’re doing right and what you need to improve. But there’s an even better way to find out why someone doesn’t hire you: ask them while they are still in the office.

Before you hand them a retainer agreement and pen, ask if they see the need for your services and how it will help them. If they do, ask if they are ready to get started. (There are other ways to close). If they aren’t ready, politely ask why.

If they need to discuss it with someone, that’s your cue that the next time you set an appointment, you need to find out if you are speaking to the decision maker and if not, make sure they come, too.

If they are reticent to share their reasons, there’s a good chance it’s money: they don’t have it or they think you’re too expensive. If they don’t have it, you can remind them that you take credit cards or have a payment plan. If they think you’re too expensive, you need to do a better job of building the value of what you do before they see you (i.e., on your web site) and during the consultation.

By the way, “I want to think about it,” almost always means they have another objection. Ask them what they want to think about: Is it the need? Is it the fee? Is there something else that’s holding you back?

The best time to get feedback is when they are in the office, feeling a little guilty for turning you down.

Do you have The Attorney Marketing Formula? If you want to get more clients, you should. Click here.

Filed Under: Attorneys fees, Client relations, Closing the sale, Law office management, Salesmanship

How to use scarcity to get more clients and increase your income

April 2, 2013 by David M. Ward

Scarcity creates value. When something is in short supply and people want it, its value increases. A soda may cost less than a dollar at any supermarket but that same soda costs $4 at the baseball game where there is no competition.

If you are the only attorney in town, the value of what you do increases. When a client needs you, they will pay a premium price for your help. On the other hand, if there are lots of attorneys in your market who do what you do and a client can choose any of you, the value of what you offer goes down.

This is why you must show prospective clients that you aren’t like other attorneys. You must show them that you are different in a way that is important and valuable to them.

If you specialize in personal injury cases for clients who ride motorcycles, for example, and ride one yourself, your superior knowledge and commitment to that niche market gives prospective clients a clear reason for choosing you instead of other attorneys.

You can learn more about showing people why they should choose you instead of other attorneys you in The Attorney Marketing Formula. Right now, I want to talk to you about another form of scarcity you can use in your marketing: “limited availability”.

You know that people want what they can’t have, right? When you put a time limit or a quantity limit on something you are offering, (assuming it is something people want), it tends to increase demand.

Why?

The first reason is “fear of loss”. They don’t want to miss out. Limited availability suggests that other people are getting something that could be theirs, thus, they are losing something they already “own,” i.e., whatever you are offering. Fear of loss is one of the most powerful motivations there is.

The other reason is “social proof”. As people see others buying what you are offering, it strengthens the perceived value of your offer. It’s like when you see a long line waiting to get into a restaurant. It tells you the food must be good.

You can use limited availability to get more people to sign up for your webinar or other event by letting them know there is limited seating or phone lines. If they wait too long, they might not get in.

You can use the same idea with impending fee increases. “Book your appointment now and lock in our current rates before they go up on the first of the month”.

Anything with a deadline invokes scarcity. If you ever use special offers–discounts, bonuses, freebies–a time limit on the offer (e.g., “This week only”) will almost always increase response.

I do this when I release a new product or service. I offer a discount to early bird purchasers and put a strict time limit on that discount. Wait too long and you miss it. I do the same thing when I hold a sale. The time limit forces people who might otherwise procrastinate to make a decision that allows them to get something they want.

Limited availability also applies to you and your time. If you are always available, you appear less valuable. If you answer your own phone, for example, it suggests that you are not “in demand” by others. Better to have someone else answer your phone and grant limited access to you and your valuable time.

The same goes for setting appointments. You don’t want clients to think you aren’t busy and that they can see you at almost any time. Put them off for a day or three or give them a short window of availability (i.e., “The only time available is Tuesday between 4 and 4:30 and Thursday at 2”.)

Put limits on what you offer, including your time. Especially your time. You’ll get more people waiting in line to get it.

Learn how to get prospective clients to choose you instead of other attorneys. Click here.

Filed Under: Image, Increase your income, Law office management, Marketing legal services

Pros and cons of starting a law practice

March 27, 2013 by David M. Ward

I was reading some statistics about the failure rate of small businesses. The numbers are brutal. 50% fail in their first year. 95% are out of business within five years.

It got me thinking about the survival rate for a new law practice. I don’t know what the actual numbers are but it wouldn’t surprise me if you told me that 95% are still going after five years.

Then I got to thinking about why. What is it about the business model of a small law practice that allows for such a high survival rate compared to other small businesses?

If you’re thinking about starting a law practice, here are the pros and cons I came up with:

THE PROS

Lower start up costs. You have rent deposits, furniture and computers (which can be financed), but no inventory or expensive equipment, and you can start without any employees.
Lower overhead. Your biggest fixed costs are rent and insurance. As you grow, you can hire employees or outsource, unlike a restaurant which cannot operate without employees.
Lower marketing costs. You need a web site. You can bring in business by networking. You don’t need to advertise.
Higher margins. You don’t sell a $10 product, you sell a $5,000 product. You can break even with just one or two new clients a month.
Steady work (business clients). Business clients tend to have ongoing legal needs. (But see below.)

THE CONS

Limited time. There are only so many hours in a day available for you to produce work product. If you have employees, you must supervise them. You have to reach a certain size before you can justify hiring staff to manage staff.
Limited growth options. You can’t franchise. You can’t take on investors. Bank financing is more difficult without inventory or other assets as collateral. If you want to open additional offices, you must be willing to stretch your time even thinner.
Competition. There are more lawyers today and fewer clients (with money). You also have competition with legal form companies, paralegals, and legal plan companies.
Feast or famine. Business clients go out of business and take their legal work with them. Consumer clients hire you once and often never again.
Limited retirement options. It’s difficult to sell a law practice for a decent multiple. You usually have to carry a note and depend on the buyer’s ability to pay (and many of your clients won’t stay with the buyer).

So, what do you think? Did I miss any? Does it look like a law practice is a sound business model? Please share your thoughts in the comments.

Learn how to earn more than you ever thought possible in your law practice. Click here.

Filed Under: Law office management, Legal industry Tagged With: starting your own law firm, starting-a-law-practice

Gmail users now have another way to achieve inbox zero

March 18, 2013 by David M. Ward

In my Evernote For Lawyers ebook, I described how I (finally) achieved “inbox zero”. In case you don’t know, that means my email inbox is empty. The short version of how I did it: I identified the important emails that needed a reply or further action or that I needed to save and then archived everything else.

If you’ve never experienced an inbox zero, you should try it. Looking at an empty inbox and knowing that you have everything under control is a great feeling.

Now, what about the important emails? No surprises. I forward them to Evernote where I tag them for further action or assign them to a project. This allows me to keep my email inbox empty.

But there is a niggling issue. To reply to the original email I have saved to Evernote, rather than starting a new email, I have to find the original email in my Gmail archive. Not terribly difficult, but I just leaned something that makes it so much easier.

It turns out that Gmail allows you to bookmark your emails. Every email has a unique URL that you can access from your browser address bar. By copying and pasting that URL into an Evernote note or other note taking app, you can retrieve that email by clicking on the url. If you are logged into your Gmail account, the bookmarked email will open, ready for your reply.

Gmail gives you other options for curating and retrieving emails. Labels, filters, and stars are all helpful. But there’s nothing faster or more accurate than clicking on a URL to find a specific email.

You can also use this function to bookmark emails you need for an upcoming meeting or event. Paste the URL into your todo app or calendar and everything you need is just one click away.

Do you bookmark your email URLs? How has this helped you become more productive?

Evernote for Lawyers shows you how to get organized and increase your productivity

Filed Under: Email, Law office management, Productivity, Technology Tagged With: bookmark gmail emails, evernote, evernote-for-lawyers, inbox zero

Improve law firm marketing with daily and weekly routines

March 12, 2013 by David M. Ward

My wife and I know a family who eats roast chicken for dinner every Monday night. Tuesdays, it’s meatloaf. On Wednesdays, you’ll find them chowing down on pasta.

Every day of the week has a specific dinner meal and they have been eating that way for years.

I always thought this would be boring. I like not knowing what’s for dinner. Variety is the spice of life.

And yet, I can see the logic behind it. Shopping is easier. You don’t have to learn any new recipes. Besides, don’t most people regularly eat the same five or ten basic meals for dinner? We just don’t eat them on the same day every week.

Anyway, while routine dinner planning may not be your cup of tea, when it comes to marketing legal services or managing your law office, a routine could be just what the doctor ordered.

“Did he just put three cliches in one post? He’s weird.”

Homage to one of my favorite comedians, Jim Gaffigan.

Hot Pockets.

Back to work.

What if you established a routine in your office where every Monday was “communication day”. That’s the day you send out emails to former clients, make calls to check in with your professional contacts, and write an article for your newsletter or blog.

Tuesdays might be networking day. You have lunch with a professional or a prospective client, and schedule lunch for the following Tuesday.

Wednesdays could be “clean up and organize day”. You clean out your email inbox, tidy up your desk, consolidate notes, and plan the rest of your week.

Thursdays, might be seminar day. You work on planning, writing, and promoting your latest seminar, teleconference, or video.

Fridays? Pizza day, of course. You bring in pizza for lunch, meet with your staff, and brainstorm marketing and management ideas.

You could set aside two hours every Thursday and make that “writing time”. Or 30 minutes every morning at 10 am as “calling time.” You call people you met at networking functions or you call former clients to say hello and update their contact information.

You get the idea.

With daily or weekly routines, you don’t have to think about what to do. You already know.

And because you know that next Wednesday is writing day, throughout the week, your subconscious mind will come up with ideas. On Wednesday, you’ll be ready.

Do you use routines in your practice? Please share in the comments.

Marketing is simple. Click here to find out what you’re missing.

Filed Under: Law office management, Marketing legal services, Marketing Plan, Productivity Tagged With: daily and weekly routines, daily-method-of-operation, marketing routines