Is Goofus or Gallant managing your law firm?

October 5, 2012 by
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The children’s magazine, Highlights, has a cartoon feature, Goofus and Gallant, which teaches kids the right and wrong ways to handle different social situations. Goofus is irresponsible and selfish; Gallant does the right thing. At a cross-walk, for example, Goofus ignores the elderly person while Gallant offers to help her cross the street.

If Goofus or Gallant were managing your law firm, they might illustrate the right and wrong ways to behave with Do’s and Don’ts like the following:

  • DON’T do something just because there’s money in it; you can make money at a lot of things
  • DO what you’re good at; if you aren’t good at it, you won’t be successful
  • DON’T do what everyone else does; be different–it will be easier to stand out
  • DO what you enjoy; chances are it’s something you’re good at
  • DON’T offer what people don’t need; if people don’t need what you do, what you do is a hobby
  • DO offer what people want; people buy what they want, not what they need
  • DON’T compete on price; there will always be someone who charges less
  • DO provide more value than anyone else; that’s what people pay for
  • DON’T use marketing tactics you don’t like; you’ll only do them poorly
  • DO give new marketing tactics some time; you might find you like them after all
  • DON’T try to eliminate risk; without risk there is no reward
  • DO follow the advice of successful people who have what you want
  • DON’T assume that hard work is the recipe for success; it’s just one of the ingredients
  • DO use the 80/20 principle to get a bigger return on what you do

Is Goofus managing your practice or is Gallant? Are you doing the Do’s or the Don’ts?

If things aren’t going well for you, there’s another Highlight’s feature you might want to know about. On the back cover is something called “What’s Wrong?” It is a picture of a normal scene but with several out-of-place or incorrect objects. The reader is instructed to find “what’s wrong with this picture?”

Sometimes, you might want to look at your practice and ask yourself that question.

If you want to learn essential marketing Do’s and Don’ts, you need The Attorney Marketing Formula.

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Filed Under: Law office management, Marketing legal services Tagged With:

Should you upgrade or repair your law practice?

October 4, 2012 by
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The title of this post comes from an article I saw today, “Should you upgrade or repair your computer?” It had advice about how to repair software, how to repair hardware, and what and when you should upgrade.

I thought this was a good analogy for a law practice. Things slow down, they break, they need repairing and replacing. And, even if everything is working just fine, if you want to get to the next level, you need to continually upgrade what you’re doing.

Periodically examine the inner workings of your practice. What’s not working? What needs to be repaired or replaced? What can you upgrade?

Here’s an inspection list to get you started:

  • Broken relationships with clients and professional contacts
  • Sluggish client communications; “thank yous” and other initiatives that fail to show clients how much you value them; boring newsletters and blog posts
  • Malfunctioning processes that leave your clients vulnerable or in the dark
  • Out of date web pages, forms, form letters, templates, and checklists
  • Unnecessary or overly expensive overhead
  • Ineffective ads, social media, and networking
  • Offers that aren’t getting prospects to call
  • People who answer the phone but don’t get prospects into the office
  • Presentations that aren’t converting prospects into clients
  • Fees that don’t produce enough profit
  • Employees who aren’t worth what you’re paying them
  • Employees who are worth more than you pay them
  • Clients who leave; clients who don’t return; clients who don’t refer
  • Tasks that take too long to complete
  • Tasks that can be delegated, outsourced, or eliminated

Think of your practice as a machine. If you do regular inspections, maintenance and repairs, your machine will continue to function. If you don’t, it will slow down and ultimately cost you more when things break and have to be replaced.

And, every so often, upgrade your practice. Make things better and faster. Equip yourself and your staff with the latest tools. Stay ahead of the changing demands in the marketplace.

A brand new computer may be obsolete in six months. So can a law practice.

Does your marketing need an upgrade? Get The Attorney Marketing Formula and find out what to do.

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Filed Under: Increase your income, Law office management, Marketing legal services, Productivity, Time Management

How self-employed attorneys can avoid burn out and increase their income

October 2, 2012 by
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One of my Facebook friends posted today: “Totally. Burned. Out. In desperate need of a day off, but then the work won’t get done. Ugh.”

He’s an attorney and works for a firm. I assume he is salaried. I assume he cannot give the work to someone else to do. He has to do it because the work is assigned to him or nobody else is capable of doing it.

Either way, he’s stuck. That’s the way it is with most jobs.

But most self-employed people say the same thing. They either don’t have any employees or partners to whom they can give the work or nobody else is capable of doing it.

Either way, they’re stuck, too.

The employee understands the trade off. They exchange their time for dollars and don’t have to deal with the administrative and marketing demands of being self-employed. They give up some of their freedom in exchange for “security” (or so they think; there are no secure jobs). The self-employed person values freedom above all and is willing to take on the additional responsibilities and longer hours, in order to “be their own boss.”

For most of my career, I have been self-employed. I worked for my father for a year out of law school and I didn’t like it. I wanted to “do my own thing” (that’s how we described it in the ’70’s). I was willing to take on the additional responsibilities and long hours and give up the “security” of a job to get it.

But only to a point.

After a few years, I got Totally. Burned. Out. I wanted to take time off, but the work wouldn’t get done. I was stuck, and that’s when I made a decision to change what I was doing.

I realized that “if the work won’t get done unless I do it,” I didn’t own a business (practice), it owned me. I worked hard but if freedom was my goal, and it was, and I couldn’t take a day off when I wanted to, or six months when I wanted to, I might as well get a job.

I decided that I would hire more people and delegate to them as much of the work as possible. I supervised them and did the legal work that nobody else could do. I soon found out that there wasn’t much legal work that nobody else could do and while that may not have been good for my ego, it was very good for my well-being and my bank account. It meant I could concentrate on marketing and building the practice, and that’s what I did.

And then, I was able to take lots of time off because I owned a business (practice) and it no longer owned me.

If you are self-employed and “the work won’t get done unless you do it,” you should consider making similar changes. Hire more people, outsource, associate with other attorneys. Do what you have to do to lesson the need for you to do the work.

Not only will you avoid burn out and increase your income, you will have more time to post on Facebook.

Your time is precious. Learn how to leverage it to earn more and work less in The Attorney Marketing Formula.

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Filed Under: Career satisfaction, Dealing with stress, Law office management, Leverage, Productivity, Time Management Tagged With: , , , , , ,

If Charles Darwin managed your law firm

September 25, 2012 by
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Some cynics contend that lawyers aren’t human. They say we are a different species who kill and eat our young and should not be allowed to mate and reproduce.

If Charles Darwin were around, he might point out that the traits that make us good at our jobs, i.e., skepticism, competitiveness, toughness, argumentativeness, etc., allow us to survive and thrive as a species. If that wasn’t true, we would have died out a long time ago.

So there.

There are parallels between Darwin’s theories and the management of a law practice. Darwin concluded that the species that fights for survival, or is adept at avoiding it, is the species that has the best chance of survival. In the food chain, there are those who eat and those who are eaten.

Lawyers aren’t allowed to flee. We have to stay and fight for our clients. By helping them survive, our practice survives. Our clients have more work for us. Other clients are attracted to the strongest lawyers.

Does that mean lawyers must be cutthroat? In the big firm world, I think it does. There are too few clients and too much jungle to cut through. For solos and small firms, there are more options, particularly for those lawyers who embrace Darwin’s other hypotheses.

Darwin said that the species with the best chance of survival are the species that have learned to specialize. There is less competition when you’re the only one with a long snout that can find ants buried deep in the ground. If Darwin were managing your firm, he would tell you to differentiate yourself from other lawyers and look for gaps in the market that you can exploit and dominate.

Sound advice, but advice few lawyers follow. Most lawyers follow the herd and thus, earn average incomes. Skepticism and risk adverseness may make a lawyer good, but it doesn’t make a lawyer wealthy.

Darwin’s theory of adaptation is another area where lawyers are weak. The theory says that to survive in a world of changing demands and conditions requires a species to adapt to those changes and evolve. Lawyers are famously not comfortable with change, however, and often find themselves playing catch up.

Change doesn’t mean recklessness. It means staying informed, being open minded, and willing to try. Lawyers who don’t have a robust Internet presence, for example, are clearly falling behind.

Darwin told us it is, “the survival of the fittest.” If he was managing your firm, he might say that while you may be ready for the competition, if you don’t specialize and you don’t adapt, you may still find yourself on the endangered species list.

If you want to learn how to differentiate yourself from the competition and not get eaten alive, get The Attorney Marketing Formula today.

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Filed Under: Law office management, Legal industry, Marketing legal services, Specializing Tagged With: , , , , ,

When should an attorney hire (more) people?

September 20, 2012 by
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I don’t have any employees right now, but over the years I have hired, trained, and supervised many. Having employees allowed me to substantially increase my income and decrease my workload. It gave me the leverage I needed to grow my practice.

But just because I don’t have employees today doesn’t mean I don’t have that leverage. There are many ways to utilize the time and talents of other people without having them fill out a W-2.

In one of my businesses, I “work with” hundreds of independent contractors who contribute to my income. I’ve never met most of them. And in my attorney marketing business, I use outside contractors who provide professional and technical assistance and are very good at what they do.

Lawyers can do the same thing by using the services of paralegals, attorneys, virtual assistants and other independent contractors. The more you hire, the more time you will have to do high-paid legal work and bring in more clients.

If you’re trying to do everything yourself, not only are you working harder than you need to, you’re not earning as much as you could. You don’t have to take on the headaches of hiring employees, you have other options.

Some attorneys say they can’t afford to hire others because they don’t have enough work. I say they don’t have enough work because they’re not hiring others.

There is an African saying: “If you want to go quickly, go alone. If you want to go far, go with a group.”

Learn how to use other people’s efforts to earn more and work less. Get The Attorney Marketing Formula.

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Filed Under: Increase your income, Law office management, Leverage, Productivity

Jay Foonberg asks: Is the practice of law a business or profession?

September 12, 2012 by
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Jay Foonberg is writing an update to his book, “How to Start and Build a Law Practice”. He posted the following on Facebook:

From the chapter “The Profession of Law is Not the Business of Law”

“In my opinion, those who call the profession of law a ‘business’ insult and demean the legal profession and you as a lawyer, in addition to simultaneously displaying their own lack of knowledge of the differences between a profession and a business”

Your thoughts?

One attorney said, “I strongly agree! We are here to find justice, or help a person in need.” Another said, “I agree with Jay Foonberg. I also think being a Human Being is not a business. Socrates, General Patton, Einstein, and Mother Theresa weren’t in business. But they advanced the human race.” Another commented, “If you want to sell stuff, go sell houses, or coffee, or cell phones.”

My comment:

“It’s both a profession and a business. If you are self-employed, you (the professional) work for the business (practice).”

That’s what I said, but what I wanted to say was, “are you nuts? Of course it is a business, and it’s naive not to recognize that reality.”

It’s a business because you sell services, pay your expenses, and earn a profit. If you don’t earn a profit, you’re out of business. You’ll still be a professional, but broke and looking for a job.

It’s a business because you have to bring in clients and if you don’t know how to market your services, you’re not going to make it, no matter how good you are as a lawyer or how selfless you might be.

It’s a business because you have to hire and manage employees, stay up to date with technology, and keep your expenses under control. If you don’t, there won’t be enough left over to pay yourself a draw and you’ll have to fire yourself because you can’t afford yourself.

You know what’s insulting and demeaning? Telling new attorneys that it’s not a business. Letting them think that all they have to do is hang out a shingle and be a good professional and the world will beat a path to their door. If they put other people’s interests before their own, their rewards will come.

That’s the wrong message.

When you’re on an airplane, the flight attendant tells you that if there is a drop in cabin pressure, you should put the oxygen mask on yourself first. Then, you can take care of others who might need help. You can’t help anyone if you lose consciousness, you have to take care of yourself, first.

That’s reality. On an airplane or in the business of law.

I went to law school to make money and to help people, but you can’t do one without the other. You can’t practice your profession unless your business is successful.

Many of the other comments agree that it is a business and a profession. And to his credit, Jay is seeking our feedback and “Liked” my comment.

The world was a simpler place when Jay wrote the first edition of his book. Today, we’re on a plane and losing pressure fast. We should all do our part to make the world a better place, but first, we have to pay the bills.

If you want to earn higher profits in your “business,” pick up a copy of The Attorney Marketing Formula.

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Filed Under: Image, Law office management, Legal industry Tagged With: , , , , , , , , ,

Stupidity is contagious

September 7, 2012 by
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At one point in the presentation I gave last night I said, “stupidity is contagious.” I was referring to people who without thinking, buy into what someone else is saying or doing. We see this in politics, don’t we? Someone takes a position and others follow suit, often for no other reason than the person who said it sounds like they know what they are talking about.

It’s also true in business and marketing. An”expert” declares the new direction and like lemmings, legions follow. They sign up for the webinars, buy the courses, and invest countless hours with the new tools. Of course their friends take notice and they don’t want to be left behind so they do it, too. Before you know it, everyone is rushing after mobile or ebook publishing or Pinterest pinning, until something newer and better comes along.

People get caught up in the excitement. Greed sets in. Like the Gold Rush, nobody wants to be left behind. But like the Gold Rush, the only ones who make money are the ones who sell the picks and shovels. Most of the miners get the shaft.

I’m not saying these are bad ideas. Some are quite good. Some will take off and change the world. But you don’t have to be an early adopter to leverage these new ideas. Someone signing up for Facebook for the first time today, after nearly a billion other people beat them to it, can be just as successful in using it to generate leads and referrals. Arguably more so now that it has proven itself for so many others.

What I’m saying is, wait a bit. Don’t rush in. Stand back and observe. Let others spend their time and money sorting through the multitude of things that don’t work or don’t last, to find the few that do. Spend your time and money doing things that have proven themselves over time.

Technology comes and goes. There will always be something new. What has never changed, and never will, are strategies that invoke the human element: giving your clients extraordinary service, positioning yourself for referrals, and leveraging your existing relationships to create new ones.

Now, excuse me, I have to post a link to this post on Facebook.

If you want to learn the strategies that have always worked and always will, pick up a copy of The Attorney Marketing Formula.

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Filed Under: Law office management, Marketing legal services, Personal development, Technology Tagged With: , , , ,

How do you handle wealthy clients who want to negotiate fees?

September 5, 2012 by
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An attorney asked for advice in dealing with a wealthy client who tries to negotiate every bill. “I really want to fire him but how do I make him understand?”

If you bill by the hour, it is not uncommon for clients to have doubts about your bill. They question whether the work was necessary and why it took so long, and even though they agreed to your hourly rate, they can’t understand why it is so high. That’s why clients prefer flat rate billing. They know in advance how much something is going to cost and there are no surprises.

Whatever fee model you use, you must help clients to see the value of what you do for them. This is primarily done in advance, before they sign your retainer agreement.

Educate them about what you do and how you do it. Explain what they get for their money and why it is necessary. Talk to them about the options and contingencies. Show them other cases you have handled like theirs, explain the time line, and tell them how much those clients paid.

Of course you must also show them what those clients got for their money. What outcomes? What benefits? How were they better off as a result of hiring you?

If you do this right, clients will see the value of what you are about to do for them and they will rarely question your bill.

What about the wealthy client who tries to negotiate every bill? Here’s my advice:

Lawyers should never negotiate fees. It sounds like you have done this with him in the past and unfortunately, this puts you in a weaker position. You have three choices.

  1. You could change your billing model. Quote him a flat rate for each matter, a monthly rate that covers everything, or a hybrid that covers much of what you do flat rate but allows for additional charges in the event of certain contingencies.
  2. You could sit him down and show him the value of what you do, as described above. Do this one time. If he is convinced that you’re being fair with him, he must agree not to question you in the future. Kiss and make up.
  3. You could fire him. Be honest. Tell him it’s obvious that he doesn’t see the value of what you’re doing for him and that you don’t negotiate fees (or will not do so in the future if you have previously). Tell him you can recommend an attorney who charges less than you do.

If a client doesn’t see the value of what you do, it’s your fault, not his. Yes, there are clients who try to negotiate everything (it’s in their DNA), but you must not give in to this. Do what you have to do to get them to see that you are worth every penny you ask (and then some) and if they don’t get it, move on.

For more on how to convey the value of what you do, see The Attorney Marketing Formula.

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Filed Under: Attorneys fees, Fees and Billing, Law office management Tagged With: , , , , ,

How to answer the phone in your law office

August 31, 2012 by
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If you want to be more productive and deliver a higher level of service (aka “earn more income”), every element of your law office operations should be planned in advance. Put it in a checklist, template, form, or script, so that everyone knows what to do, they do it right, and they do it that way every single time.

A good place to start is how you want the phone to be answered. Here’s how:

  1. Greeting (“Good Morning,” etc.)
  2. Lawyer/Firm Name (“Mr. Jones’ office,” “Jones & Michaels”)
  3. Name (“This is Sally speaking,”)
  4. “How may I help you?” (or, “How may I direct your call?”)

This lets the caller know they have reached the right place and that you are organized, professional, friendly, and ready to help. Ending with a question (“How may I help you?”) gets the caller focused on stating his or her business.

You should also have a standing instruction that no caller should be put on hold for more than 29 seconds. 30 seconds is too long. The receptionist should come back on the line, tell the caller why they are still on hold, and ask if they would like to continue to hold or be put through to voicemail (or take a message).

This is far more important than you might imagine. Clients, prospects, opposing counsel, and everyone else, judge you on these things.

Do yourself a favor, call your office right now and listen to how the phone is answered. If it’s not exactly the way you want it, write down what you want and make sure everyone who answers the phones has a copy and practices it.

Including you.

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Filed Under: Client relations, Communication, Image, Law office management, Productivity Tagged With: , , , , , , , , , , , , , , , , , ,
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