How to break bad news to a client

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A lawyer asked for advice on how best to break bad news to your client when a case is lost.

Great Question.

The answer is simple. Man up and tell them. Don’t make excuses, don’t cast blame, and don’t parse words. Tell the truth and tell it point blank.

If it was your fault, admit it, and deal with the consequences.

But here’s the thing: if you manage things right, the bad news shouldn’t devastate the client. Disappoint, sadden, yes, but not unreasonably anger. You shouldn’t need to hang a “Gun Free Zone” sign in your office.

What do I mean when I say “if you manage things right”? I mean that from the time you first take the case and throughout its execution, you should manage the client’s expectations about its outcome.

That means not sugar coating the prospects of winning the case or the potential size of the verdict. In fact, you should do the opposite. Under promise. Project low. Tell them there’s a good chance you won’t win at all.

Yes, they might have second thoughts about having you as their attorney and go somewhere else. Let them go. They’ll be nothing but trouble. You want clients who appreciate your honesty and openness, and who appreciate your hard work in the face of big challenges.

Throughout the case, keep them informed. Let them see the ebb and flow, the positives and negatives. Help them to detach emotionally from the outcome. When something is good, remember to show them the other side. That’s why God invented the phrase, “On the other hand. . .”. When it’s bad, do the same thing. You don’t want to be a Debbie or Dennis Downer.

If you’ve done it right, by the time the case comes to a conclusion, they will be mentally prepared for any outcome. Win or lose, big verdict or not so big. They may not be happy, but they will be prepared.

Need more clients? Better clients? Get The Attorney Marketing Formula and start gettin.

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Make your clients smile by writing THIS on your next billing statement

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Did you see this story: “Parents’ shock after restaurant bill shows $4 discount for their ‘Well Behaved Kids”.

The kids said “please” and “thank you” and were quiet during the meal.

Imagine that.

Even if the restaurant didn’t get world-wide attention for what they did, do you think the parents of these kids might tell some people about their experience?

I think so, too.

If the restaurant advertised a discount would be given to anyone whose kids are well behaved, the idea would have flopped. “Hey, my kids didn’t start a fire this time, where’s my friggin discount!”

What makes this work is that the discount was given after the fact. Totally unexpected. A happy surprise.

Guess what? You can achieve the same result with your clients.

Find a reason to give them a small discount on their next bill. Maybe they showed up at their first appointment on time. Maybe they were especially brave in the face of fear. Or maybe they did a great job at their deposition.

Find something positive and reward them.

You might even want to zero out something. The client expects to get charged for the letter you sent to their landlord. They open their bill and see a zero balance. Nice. Maybe it is their birthday. Or yours. Or maybe you did it because you like them.

Do you think you might score some points in the good will department? I think so, too.

Do you think you might get some world wide press?

“Client’s shock after attorney’s bill shows $100 discount for their ‘well behaved mother-in-law’.”

Nah, me neither.

Get more clients and increase your income. Click here to learn how.

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Do you offer the iPad of legal services?

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I was reading an article on why the iPad beats Android tablets. The author concluded thusly (I love that word, don’t you?), “Having reviewed the options, the reason for Apple’s continued dominance in the tablet market seems clear – it makes the best product. It also makes the most expensive product, but that doesn’t seem to deter consumers, who continue to buy the iPad in droves.”

The article points out that there is and will be a big market for Android, and many people prefer that platform for reasons other than lower price.

Something for everyone.

Now, how do your legal services compare? Do you offer iPad-ish services–high quality and high price–or Android-ish–lower quality and lower price?

You can make money in either category, but not both.

Many attorneys lean towards the lower end of the market. I suggest you resist the temptation.

Set your fees at Apple levels. High end. Then, make sure you’re worth it.

Higher margins provide huge benefits:

  • You get better clients. Yes, more demanding (like Apple’s), but better in every other sense
  • You don’t need as many clients; you can take your time and turn out a better work product
  • You can hire better talent and delegate what you don’t enjoy
  • You have a marketing budget so you can expand and grow
  • You earn more profit and enjoy a better life style.

Delivering high quality legal services does cost more. A nicer office, the best employees, a higher level of “customer service” all come at a price. But it’s not how much you spend that counts, it’s how much you earn.

The Attorney Marketing Formula shows you the six keys to earning more without working more. Click here.

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Eight ways to use audio recording apps for marketing

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I was reading some of the reviews for Dictamus, the dictation app I use on my iphone. Many lawyers and physicians extol its virtues, saying things like, “best on the market, ” “replaced my 0 dictation equipment,”and “I use it every single day.”

I don’t dictate to a secretary these days, but I do dictate to myself. My phone is always with me so it’s very convenient to capture notes or ideas on the fly. I also dictate entire articles, letters, and other longer documents, using Dictamus’ “insert” function to insert new thoughts into the middle of already recorded sentences. Yep, just like  the old cassette and belt dictation machines I used to use.

Anyway, I started thinking about how audio recording apps (any app will do) can be used for marketing. In addition to the obvious use of recording ideas for articles, people to call, things to do, and dictating complete articles, emails, and letters, here’s what I came up with:

  1. Networking: record details after meeting new contact (where, when, what you talked about, etc.)
  2. Interviews with subject matter experts for podcasts, or transcribe for written articles
  3. Record audio track to add to video slide presentation
  4. Practice your next presentation
  5. Record consultations with prospective clients, give to them as added bonus
  6. Create audio book to sell or give away for lead generation
  7. Record brainstorming sessions with partners, staff
  8. Record consultations with hired consultants, live trainings, teleconferences, or webinars

Do use audio recording apps (or digital recorders) for marketing in your practice? What do you do? Which apps do you use? Please add to the comments.

Want more marketing ideas? Of course you do. Click here.

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Marketing legal services by offering digital document signing

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Technology allows us to get legal documents signed without ever printing them. This post on the Evernote blog shows how to do that with two free apps, Docusign and Evernote (or Box, Google Drive, Dropbox).

I have Docusign and several other apps like it. I have pdf’s emailed, open them in the app, sign them, and send them back. It saves time, paper, postage and/or the cost of a messenger. And saving a copy in Evernote allows me to access those documents everywhere. (For more on how to use Evernote for storing client and other documents, check out my ebook, Evernote for Lawyers: A Guide to Getting Organized & Increasing Productivity).

If you have a tech savvy client, they can download the app to sign and return the documents to you by email. If you don’t, or if you need to explain the document to the client before signing, you can meet with them and have them sign on your tablet.

Offering digital signing is a benefit to you and to the client. If you offer it, you should promote the fact that you do. Make a big deal out it. Let clients and prospects know what you do, how it works, and how it saves them time and money.

Even if other attorneys do it the same way, most of them don’t promote it. When you do, you will “own” that benefit in the eyes of your target market.

To stand out in the crowd, you must show people how you are different. Click here to learn how.

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What would Steve do?

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I was reading an article remembering Steve Jobs more than a year after his passing. The author provides “Ten Life Lessons” from Mr. Jobs that we can all learn from and apply in our lives. A lesson like, “You don’t beat the competition at their game. You redefine the game,” reminds me that Steve Jobs was an incredible leader. He defined the future, where things should go, and then he took us there.

Jobs thought differently, and he encouraged us to do the same. Even Apple’s advertising at one time encouraged us to do so. So when you’re faced with a seemingly insurmountable problem or you’re looking to redefine your game, ask yourself, “What would Steve do?”

If you’re having an issue with one of your employees who isn’t doing his or her job, you might ordinarily give them some time to see the light, offer some additional training, or have a heart to heart talk. If you ask yourself, “What would Steve do?” however, you might berate them and/or fire them on the spot. The lesson, “Don’t tolerate bozos around you,” confirms what most people know about Steve’s lack of patience with under-performing employees.

Am I saying you should chew out your employee? No. But you should consider why Steve would have. It might serve to warn you that the problem is potentially more serious than you think. The employee might improve, but they also might do irreparable harm if your other employees see them getting away with less than excellent performance.

Thank you, Steve, for reminding me to think about the problem from a different perspective.

One of the benefits of reading biographies about successful people, in business, sports, politics, and other fields outside of our own, is that they allow us to see our problems through different eyes, and thereby, find solutions we might otherwise never find. Albert Einstein said, “No problem can be solved from the same level of consciousness that created it.”

Einstein also said, “Imagination is more important than knowledge,” so use your imagination for a moment and think about this: If Apple had acquired your law practice, what would Steve Jobs have told you to change?

Steve never read The Attorney Marketing Formula, but I imagine he would approve.

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I wouldn’t fire this guy, I’d promote him

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In school, if you paid someone to write your paper or take your test, you got in trouble. A big F. “No soup for you!”

So naturally, when you get a job and you pay someone else to do the work for you, you should also get in trouble, right? Fired on the spot!

Not so fast.

Isn’t that what we call “business”? Don’t we do this in a law practice?

We have customers or clients who pay us but our employees do a lot of the work. Maybe most of the work, if you look at the hours. And our clients don’t care, as long as the work gets done and is of sufficient quality.

That’s how we earn a profit. We’re “working smart”. We have leverage.

So, let me ask you, if you found one of your employees was outsourcing his work, what would you do? If he hired someone else to do the work and earned a profit on the difference between what you paid him and what he paid to get the work done, would you have a problem with that?

Assuming the work was high quality and no confidential information was shared, of course.

A software developer at Verizon was just discovered doing this very thing. He earned six-figures in his job and paid a Chinese firm ,000 to do the work. He spent his day surfing the web, playing games, and posting on Facebook.

When his employer found out, they fired him.

Me? I would have given him a raise and a promotion.

The work done by the Chinese firm was considered first rate. Praised for it’s quality, in fact. And always on time. The fact that someone else did it is irrelevant.

The man was lazy but very clever. He should be praised for his cleverness, not punished for it.

During World War II, a brilliant German military strategist described his criteria for managing personnel:

“I divide my officers into four groups. There are clever, diligent, stupid, and lazy officers. Usually two characteristics are combined. Some are clever and diligent — their place is the General Staff. The next lot are stupid and lazy — they make up 90 percent of every army and are suited to routine duties. Anyone who is both clever and lazy is qualified for the highest leadership duties, because he possesses the intellectual clarity and the composure necessary for difficult decisions. One must beware of anyone who is stupid and diligent — he must not be entrusted with any responsibility because he will always cause only mischief.”

The author (there is some question as to which of two men actually said it) thought that someone who is “clever and lazy” is qualified for the highest leadership duties, “because he possessed the clarity and composure necessary for difficult decisions.” They are “natural delegators,” always looking for simpler, easier ways to do things. They “focus on essentials, and despise ‘busywork’.”

If the developer at Verizon worked for me, I’d slap him on the back and ask him to show me other ways I could get a six-figure job done for only $50,000.

But no, his boss was probably embarrassed by what he did. “Clever and diligent,” no doubt, and had to fire him.

All our lives, we’ve been told that laziness is a sin. We’re punished for it in school and on the job. We’re told that hard work is a virtue. But it’s not true. Hard work, for the sake of working hard, is the sin. If there’s an easier way to do something and we ignore it, we squander God’s gift of time.

You owe it to yourself, your family, your employees, and your God, to find the easier way, the better way, the more leveraged way to get things done. You’ll earn more and have plenty of time to play games and post on Facebook.

Leveraging time is one of the six keys in The Attorney Marketing Formula

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Are you planning to make any changes this year? Before you do. . .

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So this year I’m planning to make some changes. How about you?

I’m looking at things that didn’t work well and eliminating them or looking for ways to make them better. I’ll get more information, ask for help, or try things a different way.

But I’m not going to spend a lot of time on that. No sir. Instead, I’m going to look at the things that did work and do more of them.

You should, too.

For example, if last year you got a lot of referrals from a letter you sent to your clients, maybe you should think about sending them another letter. If you got a lot of sign-ups for your newsletter when you added a couple of videos to your web site, you should probably think about adding more videos. Or, if you met some good new referral sources on LinkedIn but none on Facebook, it sounds like LinkedIn is where you should spend your time.

Most people focus on fixing what’s wrong. They work on their weaknesses. The smarter, more leveraged strategy is to work on your strengths.

Don’t ignore your weaknesses. But don’t spend a lot of time on them.

Homework:

Take a few minutes and write down three things that worked well in your practice last year. Then, look for ways to do them again or do them bigger or better or more often.

Find the spark in your practice and pour gasoline on it.

Have you read The Attorney Marketing Formula? Click here to find out what you’re missing

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What did I do to piss you off?

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We’ve had the same gardener for the last eight or ten years and we’re very friendly. Last week, out of the blue, something was different. My wife greeted him as usual but got little more than a grunt in return.

My wife was puzzled. Marcos is usually very talkative and engaging. Now, he wouldn’t even look her in the eye.

My wife thought she might have said something that angered him. Maybe he was disappointed with his Christmas bonus. Whatever it was, she’s been on edge all week, knowing that this morning she might have to have it out with him.

He’s here now. My wife just came back in the house. She talked to Marcos and he was his usual jolly self. No problems. Everything is fine.

Last week? He was probably just having a bad day. Or didn’t feel well. Whatever it was, he’s over it now.

But here’s the thing–when you’re having a bad day, you can’t let your customer know it. Especially if you make the customer think she may have something to do with it.

How about you? Do you let your clients know it when you’re having a bad day? If you can’t hide it when you’re in a bad mood (or worse), you shouldn’t talk to clients. Have someone else do it until you recover.

But here’s the other thing–you can’t let your employees see you like that either. You may think that because you pay them you can let your guard down. Not a good idea.

Your employees need to see you at your best. It’s not fair to saddle them with your burdens. If you’re having an off day, it’s okay to let them know, maybe ask for some time, but even if they know it has nothing to do with them, nobody wants to be around Mr. Grumpy Pants all the time.

Putting on a pleasant face comes naturally to my wife. If she’s upset about something or having a bad day, you would never know it. When she went to talk to Marcos this morning, he never knew there had been an issue.

Me? I have a harder time hiding it. That’s why I did my best to hire naturally upbeat people. Then I married one of them.

Get more clients and increase your income. Click here to find out how.

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Don’t make me come over there and S.W.O.T. you!

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Relax. I’m not going to hit you.

S.W.O.T. is simply a tool to help you with your marketing. It’s an analysis of your Strengths, Weakness, Opportunities, and Threats. It can give you a clearer picture of where you are and help you get where you want to go.

Before you create a plan of any kind, it’s important to know what you’ve got to work with. Your current reality.

So you sit down with pen and paper or spreadsheet or text editor and you make a list. You can do this for just marketing or for all aspects of your practice.

Start with your STRENGTHS and WEAKNESSES:

  • Knowledge (Legal, marketing, market data, trends)
  • Skills (Trial, writing, closing the sale, presenting, negotiating)
  • Habits (15 minutes of marketing every week day, personal thank you letters to all new clients)
  • Assets (Contacts, marketing documents, lists, personnel, testimonials, reputation, location)
  • And so on

Your web site might be a weakness or a strength. Or it might be a strength in some areas (i.e., great content) and a weakness in others (i.e., low or low quality traffic). If you advertise, the low rates you have negotiated might be a strength but your copy might be a weakness.

Start recording everything you can think of. What you’re good at and what you need to improve. Talk to your staff, your clients, and other lawyers who know your practice and see what they think. You may be taking for granted something about yourself that is a strength. And, let’s face it, third parties almost always see our weaknesses more clearly than we do.

Next, make a list of OPPORTUNITIES. To some extent, these are derivative of your strengths and weakness. A weakness you want to eliminate, for example, is an opportunity to improve results in that area. Capitalizing on a strength is an opportunity to compound results.

Other opportunities might include contacts you have not yet followed up with, creating a new seminar, or joining a networking group.

Finally, write down any THREATS. If you depend on advertising and another firm is dominating the airways with their ads, this could be considered a threat. If one of your big clients might be thinking of hiring another firm, that is obviously a threat to your income. Anything that poses a challenge and could lead to loss should be identified and added to your list.

Now you have a snapshot of your current reality, and a list of projects to work on this year.

This will help create a marketing plan that really works.

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