Is it time to put your practice on a diet?

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Yesterday, I did a strategy session with an attorney who was thinking about getting out of practicing law. After several decades of practicing, he said, “I don’t have the enthusiasm for my practice I once felt. I’ve had difficulties staying focused on my practice and delivering my work product in a timely fashion.”

In other words, the thrill was gone.

He does tax and estate planning, trust and estate administration, and tax compliance. Much of his malaise was centered on a feeling of being bogged down in administrative minutia. As a sole practitioner, there was simply too much to do and too much to keep up with and he was overwhelmed.

I asked him if there was any part of what he does that he liked. He said he enjoyed working with individuals and helping them with estate planning. I said, “If you could have a successful practice doing nothing but that and none of the other things you’re currently doing, how would that be?” “That would be great,” he said.

Problem solved.

He didn’t need to get out of practicing. He needed to put his practice on a diet.

By getting rid of practice areas (and clients) that weighed him down, he could have a leaner, more robust practice doing what he enjoyed doing. I told him there was more than enough business available for the kind of estate planning he liked and that he didn’t have to do anything else.

Many attorneys suffer from “practice bloat,” a term I just made up but which seems to accurately describe what happens over a period of years. You start out lean and mean, excited, and enjoying the process of building your practice. At some point, you take on additional practice areas because the work falls into your lap or because you want to have another profit center or something to fall back on. In time, your practice no longer resembles the one you started. You have too much to do, too much to keep up with, and you start falling behind. At this point, many attorneys start thinking the law is not their calling and they start looking for something else.

Some attorneys start out doing too much. I did. I took anything that showed up. I thought I had to because I needed the money. Soon, I was overwhelmed and frustrated, convinced I’d made a mistake in becoming a lawyer.

In both cases, the answer is to put the practice on a diet.

Get rid of practice areas you don’t enjoy. Get rid of clients who drive you crazy. Get rid of work you’re not good at but continue to do because “it’s part of the job”.

The vacuum you create by getting rid of things that do not serve you will soon be filled with work that you love and are good at. You’ll breathe life into a moribund practice, attract new clients, and increase your income. Most importantly, you’ll look forward to going to work every day.

There are more than enough clients available who want and need what you love to do. If your practice is bloated and the thrill is gone, it may be time to put your practice on a diet.

Does your practice need fixing? A new focus? Do you have marketing questions? I can help.

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Digitize your life with Evernote’s “Paperless Challenge”

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When I want to find something stored in “My Documents” on my Windows machine, I have to open and close a lot of documents to find the one that has what I’m looking for. When I want to find something stored in Evernote, I rely on its ability to search through the entirety of those documents to find what I need. Very fast, very accurate.

Finding something in paper files are even more challenging, of course, and that’s one of the reasons so many people are “going paperless.”

If you’d like to join the crowd, Evernote is conducting a “Paperless Challenge” to help you. It started January 8 but there’s no reason why you can’t get started right now. Make sure you download Jaime Rubin’s “Paperless Challenge Checklist” to use as a guide.

Lifehacker just posted a comprehensive article, “How I Went Completely Paperless in Two Days.” I think two days is a bit ambitious for most attorneys due to the amount of paper in our possession, questions about security issues, and our innate resistance to change, but even if it takes two years instead of two days, it’s worth it. I’m not yet completely paperless but my file cabinets are empty, I’ve trashed dozens of boxes of paper collected over thirty-plus years, and we get very little (important) postal mail these days. I’m well on my way to digitizing and simplifying my life.

Speaking of security issues, this article has a summary of some of the options. (Hat tip to Robert Oschler, developer of the forthcoming Evernote search client for Windows desktop, BitQwik.)

Finally, my own Evernote for Lawyers ebook discusses security issues and how to deal with them, as well as helping you through the process of going paperless.

By the way, even if you don’t use Evernote these resources can still help you in your quest to reduce or eliminate the paper in your life.

Did you know: Evernote for Lawyers has a chapter on using Evernote for marketing.

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Do you charge wealthier clients higher fees for the same work?

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According to the Wall Street Journal, the Staples website quotes different prices for the same merchandise based on where the user is located when he visits the site. Staples said this is based on how close the visitor’s location is to a competitor’s store and various costs of doing business, but it appears to also be based on the customer’s ability to pay.

In New York, for example, certain products are priced higher in the boroughs of the Bronx, Manhattan, and Staten Island. By contrast, the same items sell in Brooklyn and Queens at a discount. These price differences come despite no more than 20 miles separating any two locations.

In other words, a Manhattan resident would save money on an item simply by driving to Queens and making the purchase there either online or through a mobile device.”

Apparently, this is not an uncommon practice among retailers.

It’s not illegal but is it “fair”? More importantly, is it smart business?

I think it is smart, and also fair. The retailer is entitled to charge whatever the market will bear. It’s called “free enterprise”. Where it gets dicey, however, is when customers learn about these practices and object to them. A retailer may win the pricing battle but lose the loyalty war.

Of course a savvy customer who knows about this practice might play the pricing game, logging onto web sites from different locations, to see which one gives him the lowest price.

Anyway, I got to thinking about this in terms of legal services. Is it smart business for a lawyer to charge different fees to different clients based on their ability to pay? From a business standpoint, I say why not?

If your clients don’t know (and there are no legal or ethical restrictions on doing so), why shouldn’t a lawyer be able to charge what the market will bear? Some attorneys routinely do precisely that. They size up a new client by their clothing or car or occupation and quote a fee commensurate with what they think that client can afford.

I can’t recall ever charging a client a higher fee because I thought he could afford it, but in looking back, had I thought about it, I probably would have. I sometimes charged clients lower fees, either because I wanted to help them out or because they were steady clients and I wanted to reward them for their allegiance. If there’s nothing wrong with this, there should be nothing wrong with charging some clients higher fees. Of course, by definition, charging some clients less means some clients are being charged more.

What do you think? Is there anything wrong with charging some clients more than others? Have you ever done it? Please share your thoughts in the comments.

Getting ready for the new year? The Attorney Marketing Formula will show you what to do to make it a great year.

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If J. Paul Getty were managing your law practice

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Billionaire J. Paul Getty, once described as the richest man in the world, wrote a book describing how he made his money. In “How to Be Rich,” he offered three keys to wealth:

  1. Be in business for yourself
  2. Have products in demand
  3. Multiply your efforts through other people

If you are self-employed or work for a firm that compensates you for helping the firm grow, you are “in business for yourself”. If you offer services your clients want and are willing to pay for, you have “products in demand.” And if you have employees, you are “multiplying your efforts through other people”.

But if J. Paul Getty were managing your law practice, he might point out that while you are doing the right things, you might not be doing them enough.

If you are doing any work in your practice that could be delegated to someone else, you’re losing money. You should do “only the work that only you can do” and delegate everything else, he would tell you. “I’d rather have one percent of the efforts of 100 people than 100 percent of my own efforts,” he said.

Once he had you leveraging the efforts of the people who work for you, I think Getty would turn his attention to the efforts of people who don’t work for you: your clients and professional contacts. They may not be getting a pay check from you but every one of them can help your practice grow.

The quickest path to “multiplying your efforts through other people” is to get more clients to send referrals.

Getty made most of his money in oil and understood the power of leverage. The more wells he drilled, the wealthier he got. Your clients are like oil wells. The more of them who refer, the wealthier you will become.

But Getty didn’t stop there. When he found a well that produced oil, he had his engineers look for ways to increase the yield from that well. He didn’t settle for a well that produced 100 barrels a day when that same well might product 200 barrels a day.

Your clients work the same way. If a client is sending you one referral a month, you should look for ways to get that client to send you two referrals a month.

If J. Paul Getty were managing your law practice, he would tell you there’s oil in your client and contact list and while you will hit many dry wells, if you drill enough, you will also hit some gushers.

Download The Attorney Marketing Formula to learn more ways to multiply your efforts and your income

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Do you have long term goals? That’s your problem

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A wealthy business friend of mine does a lot of speaking to other business owners. They come seeking to learn how they can reach the levels of success he has attained. On the subject of marketing, he usually asks the audience, “How many of you have long term goals?” Hands are proudly raised. “That’s your problem. You’re thinking about long term when you should be thinking about today.”

He tells them the only thing that matters is how many times your company’s story is told today. How many people hear about what you have to offer. What can you do today, right now, this afternoon, to get your story told?

Of course tomorrow you’ll do the same thing. That’s how a big business is built–one day at a time.

My friend will acknowledge the need for planning beyond “today” but he says too many people spend all their time planning and not enough time doing. “You don’t have to read your car’s manual to know how to make it go,” he says.

My friend says success is about mastering the fundamentals. He coaches junior football and says, “We teach those kids how to pass, punt, block, and tackle. You get good at those four skills. That’s how you win games.”

Building a successful business or law practice works the same way. You learn the fundamentals and practice them. You get good at a few things.

You don’t have to know everything about marketing or bookkeeping. You don’t need to have the latest technology. And you don’t have to read the manual.

Unless, of course, it’s mine.

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Build the law practice you would want to represent you

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If your law practice would fit in a box and I could buy it at a store, what would I see when I opened that box? Would I see something so beautiful it would make me smile? Would I admire the clock-like precision and attention to detail? Would I be so enamored by what I saw I would tell everyone I knew to go buy one?

Or would I see flaws? Things that don’t work right? Missing parts?

Most law practices aren’t broken, but neither are they great. They’re good enough and for most clients, good enough is good enough. But is it good enough for you? How would you feel if you were the client of your firm, knowing what you know about what goes on behind the scenes?

In an interview, Steve Jobs offered an excellent description of the standard befitting a great company, or a great law practice:

We think the Mac will sell zillions, but we didn’t build the Mac for anybody else. We built it for ourselves. We were the group of people who were going to judge whether it was great or not. We weren’t going to go out and do market research. We just wanted to build the best thing we could build.

When you’re a carpenter making a beautiful chest of drawers, you’re not going to use a piece of plywood on the back, even though it faces the wall and nobody will ever see it. You’ll know it’s there, so you’re going to use a beautiful piece of wood on the back. For you to sleep well at night, the aesthetic, the quality, has to be carried all the way through.” [Playboy, Feb. 1, 1985]

For Steve, good enough was never good enough.

If you want to build a great law practice, you need great clients. Learn how to get them here.

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Evernote for Business: Is it right for your law firm?

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Evernote has launched Evernote for Business, which promises enhanced sharing capability for the workplace. For lawyers, the idea is that your firm would have it’s own business account, with a library of shared notes (documents) which employees (with permission)  can access. You and your employees can also have your own personal Evernote notebooks which are private.

Does your firm need this capability? I’m not so sure.

Personal Evernote accounts already allow sharing. You can set up one or more notebooks in your account and share those notebooks with others in the firm. Sharing basic firm documents such as email templates, checklists, and blank forms is pretty straightforward. Where things get hairy is with sharing client files or other non-public information.

In Evernote for Lawyers, I discussed the idea of storing client files in Evernote. If it’s just you who is accessing that information, your comfort level will depend on whether you feel the need to encrypt that information before uploading it. The more critical issue is sharing that information electronically with others in your firm.

Evernote can be accessed anywhere there is an Internet connection, so if your employees aren’t as careful as you are, someone who is not authorized to access those shared notebooks might be able to do so. If your secretary’s laptop is stolen, for example, your client files could wind up in the wrong hands.

I don’t know how Evernote for Business handles permissions and other security issues, but if it makes shared access to private information more secure, that alone would make it worth considering. The added functionality it promises would be icing on the cake.

Evernote for Business is $10 per month per employee, a small investment if it allows you to set up a secure virtual filing cabinet for your firm. But that remains to be seen.

Are you planning to use Evernote for Business? Let me know in the comments.

Evernote for Lawyers shows you how to use Evernote for marketing, GTD, blogging, AND storing client files.  

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Marketing takes up too much time? I wrote this post in 15 minutes

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In the interview yesterday, (replay), I said that if you (the viewer) got nothing else out of my comments, I hope you are inspired to commit 15 minutes a day to marketing. Even if all you do is sit and think, or write down ideas, or read some articles. I said that if you do that, eventually you will pick up the phone and make some calls or write something that could be considered marketing-related. Like a blog post, article, or email.

You can do a lot in 15 minutes.

I wrote this post in 15 minutes. Sure, most of my posts take longer but I have the time. You might not. That’s okay. Short posts are fine.

How do you write a blog post in 15 minutes? You start with an idea and write it down. In this case, “writing a blog post in 15 minutes”. You open up something to write in. I write my posts in Evernote. And you begin writing. Put down your thoughts. Share a couple of tips or resources. Give your opinion on something related to your area of expertise.

Three or four paragraphs and you’re done. I’m at 200 words at this point. My posts are usually in the 300 to 500 word length. Length isn’t critical, as long as you have said what you need to say.

Then, edit. Make sure the thoughts flow. Not hard, really (pauses for a sip of coffee, reads. . .). Looks pretty good. Time to publish. Copy and paste into WordPress. Add some tags and hyperlinks and I’m done for the day. Elapsed time: 14 minutes. And what do you know, this post is now just over 300 words.

If you missed the interview yesterday, you can watch the replay here. It was about an hour so you might have to watch over the next four days. If you don’t have time, just order The Attorney Marketing Formula and call it a day.

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The problem with multiple streams of income

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Smart people often counsel us to diversify our investments. “Don’t put all your eggs in one basket,” they say. From an investment standpoint they’re probably right. If all your money is in gold or oil futures or a single stock and the market turns south, your losses could be catastrophic. But diversification has a dangerous side.

If you are building a law practice, buying a restaurant or another business that requires your time and mental energy is usually not a good idea. Buy (or start) another business only after your practice is at a point where you can devote some time to the business. Donald Trump made several fortunes in real estate before he branched out into other businesses. Donald Sterling made a bundle as a personal injury attorney before he turned to real estate and only years later to buying sports franchises.

Most people who try to build two businesses simultaneously usually fail to achieve great success in either. Perhaps that’s why Mark Twain said, “Put all of your eggs in one basket and then watch that basket.”

Yes, I started my attorney marketing business while I was still practicing. It was the kind of business that only required a few hours a week at first, to see if I could make a go of it. Once I did, I began shutting down my practice as I ramped up the new business. After a couple of years, the marketing business was running smoothly. I had competent staff who were taking care of the day-to-day operations and the demands on my time were minimal. At that point, I started another business. Again, just a few hours a week at first.

Today, I own two successful businesses. I would never have been successful in my practice or businesses had I tried to build them at the same time.

Okay, you get this. You wouldn’t lose focus and try to build two businesses simultaneously. But a lot of attorneys do exactly that and they don’t even know it.

When you try to build a family law practice, for example, and you also handle personal injury, you’re building two businesses simultaneously. Each practice area is different. Each has it’s own rhythm and culture. Referral sources are different. The judges are different. Marketing is different.

Some practice areas compliment each other. Many don’t. Put all your eggs in one basket and let the world know that you have the finest eggs available.

If you want help in choosing the right basket, get The Attorney Marketing Formula.

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Marketing is easier when you use leverage

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As I mentioned last week, this Wednesday, at 2 pm PT, I’m being interviewed and you’re invited. Among other things, I’ll be talking about my latest marketing course, The Attorney Marketing Formula.

One of the themes throughout The Attorney Marketing Formula is leverage–getting bigger results out of the same effort. A simple example of leverage in marketing a law practice is the use of forms and checklists. You invest time to memorialize a process and then use that process over and over again, saving you lots of time, reducing errors, and impressing the hell out of your clients who see how remarkably well organized you are.

Another example of leverage is focusing on your current and former clients as a source of repeat business and referrals in preference to other ways of seeking new clients. There are much lower costs associated with marketing to people who already know, like, and trust you, and much better results. Even if someone can’t hire you again right now, and doesn’t know anyone they can refer, there are other ways they can help you. They can send traffic to your web site through social media, for example, or forward your email to their friends and colleagues.

A marketing joint venture with professionals and business owners to get exposure to their lists is another form of leverage. If you’re a small business attorney, for example, you could get together with an accountant, a tax lawyer, a commercial insurance broker, and a financial planner. Each of you contributes a report, article, audio, or video, and the four of you send (or offer) this collection to your lists. Or, you can put together a bundle of services for the small business owner, with discounts and/or free services from each of you, and offer this bundle to your lists.

Anyway, I hope you’ll join us on Wednesday and bring your questions. I’m looking forward to speaking with you!

Save an extra $10 on The Attorney Marketing Formula through 5 pm PT tonight, November 26th. Use discount code “thankful”.

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