Other ways lawyers may use social media (besides marketing)

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Lawyers are usually not early adopters. Although more and more lawyers are using social media for marketing, many others feel constricted by their employers’ policies (i.e., firms that insist the attorney promote the firm instead of themselves), by concerns about ethical issues, or, simply, by their natural tendency to “play it safe”.

Many attorneys who have no objection to using social media but are either overwhelmed by the myriad of choices or (believe they) just don’t have the time.

I see social media as nothing more than an electronic extension of the “real world”. It’s still just communication with people you know and people you want to know. We’ve been networking all our lives; why should networking online be any different?

True, the Internet provides reach and permanency that do not exist at a Chamber of Commerce dinner, although the presence of cameras on our phones tends to blur that distinction. But if we mind our P’s and Q’s (does anyone use that expression anymore?) it isn’t difficult to stay out of trouble. And let’s face it, it’s a lot easier and less time consuming to interact via your iPhone than it is to press the flesh, although, arguably, not as effective.

Whatever your viewpoint and experiences with social media, one thing we can all agree on is that it’s here to stay. Like any trend that changes the way people communicate, we ignore social media at our peril.

Social media is starting to be used as evidence, for example.

So, like it not, use it not, we all have to pay attention. Experts say, “lawyers already tuned into social media are not only on the right track, but will have a head start on the competition.”

How about you? How are you using social media in your law practice? Please add your comments below.

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A marketing plan for lawyers–part two

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In a previous post, we examined the four steps to creating a marketing plan. You learned that a marketing plan should be simple, and that it is an ongoing process, with most of the planning taking place on a monthly and weekly basis.

You also learned the importance of having a long-term vision statement and annual goals.

Before we move on to discuss monthly planning and daily activities, let’s delve a little deeper into the goal setting process.

There are six major areas of life–Career/Financial, Physical/Health, Family/Home, Mental/Educational, Spiritual, and Social/Cultural. For most people, happiness comes from having a well-balanced life, with success in all six areas.

This doesn’t mean you need to set annual goals in all six ares. Some areas may be going well for you right now, or there may be one or two areas that are more important to you this year. Throughout your life, your priorities will change and so will your goals. So, right now, if you want to focus on just one or two areas of your life, that’s fine.

For each area of focus, you should have no more than three annual goals. One is even better.

Sometimes, people confuse “benefits” with “goals”. For example, in the area of Career/Financial, you may have a goal to earn a certain amount of money, another goal to buy a new house, and a third goal to pay off your credit card balances. But the second two are really benefits to be obtained from the first goal, so, in reality, you have just one goal.

Right now, I have just one area of my life I’m focused on and I have one goal in that area. There are many benefits to be derived from achieving that goal and there also many sub-goals I need to hit before I will achieve it. This works for me and you should do what works for you. (You can always change your goals.)

For each annual goal, follow these five steps and you will be well on your way to achieving them:

STEP ONE

Make sure your goal is S.M.A.R.T.–Specific, Measurable, Attainable, Realistic, and Tangible. Write your goal in the present tense, as though already obtained, make it specific, and attach a date. Since we’re focused on marketing, here’s an example of a S.M.A.R.T. financial goal: “I’m excited that I am now earning a net income of $15,000 per month, or more, in my law practice, by or before December 31, 2010.”

STEP TWO

List (a) the benefits to be obtained and (b) the losses to be avoided by achieving this goal. It’s important that you understand the value and importance of your goals and have some emotional investment in them.

Benefits to be achieved

  • Pride, feeling of accomplishment
  • Pay off debts
  • Increase savings, build for the future
  • Hire another paralegal, gain more free time
  • Reduce stress

Losses to be avoided

  • Cancelling next year’s vacation
  • Moving to a smaller office

STEP THREE

List (a) “Possible obstacles” to obtaining the goal and, for each obstacle, (b) “Possible Solutions”.

One of your obstacles is “you”. No doubt there are things you need to learn, things you need to do more of or get better at, or things you need to stop doing. What are they? What obstacles have prevented you from achieving your goal in the past? And what are some possible solutions? (Your goal is not S.M.A.R.T. unless you list possible solutions because without solutions, you can’t move forward.)

Possible obstacles/Solutions [Examples]

  • Obstacle: Me–my lack of patience. Solutions: Read Dale Carnegie, other books, find a mentor who has overcome that obstacle
  • Obstacle: Not enough clients. Solutions: Study marketing, set up a blog, join networking group.
  • Obstacle: Not enough time: Solutions: Find a “time management” system; hire another paralegal.

This will help you identity actions you need to take on the way to achieving your goals and help you identity sub-goals and projects you need to tackle.

STEP FOUR

List specific action steps you need to do to move you forward towards achieving the goal. Schedule target dates for each of these steps and put these dates on your monthly calendar.

These four steps will help ensure that you have meaningful goals, specific action steps and target dates for their achievement.

STEP FIVE

This goal setting process should be reviewed and re-written each month, at your monthly planning session. Ideally, this will take place a day or two before the end of the previous month. “Always plan next month before next month begins.”

Each month, as you make progress towards your goals, circumstances will change and your plan will change. As you move forward, you will conduct a weekly review of your monthly plans and make adjustments to your daily activities. We’ll talk about that in our next post on this subject.

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A marketing plan for lawyers–a lot simpler than you think

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Do you have a marketing plan for your law practice? I’ll bet you don’t. Most attorneys tell me they haven’t had the time to write one and they don’t know where to begin.

The good news is it’s a lot simpler than you think and you can get the most important part done in about an hour.

Most people think a marketing plan is a detailed, step-by-step blueprint for building their business or practice. Yes, plans like this are written every day, but a complex plan is neither necessary nor effective.

You can’t accurately predict what will happen six months or a year from now. There are too many variables. Effective marketing plans are written on the battle field, in real time. As circumstances change, the plan changes, and the plan you start with is almost never the plan that you end with.

Don’t get me wrong, a well planned life is a successful life, but most of the planning is done on a shorter time line–month to month and week to week. The planning process has the following elements:
  1. Long term vision
  2. Annual goals
  3. Monthly plans (and weekly reviews)
  4. Daily actions
You can do the first two in about an hour.

Start by writing a vision statement for the next five years (or ten). Where do you want to be? What do you want for your practice and personal life?

With respect to your practice, how much do you want to be earning? What do you want to be doing, in terms of practice areas, niche markets, and types of clients? Do you want a big, busy practice or something smaller but equally remunerative (e.g., fewer clients, less overhead)? Do you want partners or do you want to work for a firm? Maybe you’d like to be retired from practicing and doing something else. Or practicing part time so you have more time for travel and for your family or anything else. What do you want?

Think big! Turn on your dream machine and don’t limit yourself in any way. In five years, you can accomplish just about anything, so don’t hold back. You are the architect of your life, so make it a good one.

Take about thirty to forty-five minutes and start writing. A few paragraphs to one page is all you need. Write in the present tense, as though you are already living your vision. Some people like to describe their birthday, five years in the future: what they are doing that day, who they are with, what they have accomplished, what they are looking forward to.

Remember, there are no restrictions. Short of defying the laws of physics or being completely unrealistic, you can be, do, or have whatever you want. Don’t be logical about this. No, “yeah, buts. . .”, this is your dream for the future and you should make it as exciting and delicious as you want.

Once you have your vision statement, you know where you want to go. Everything you do hereafter will be designed to move you forward towards that vision.

The next step is annual goals. You can have goals for different aspects of your life–professional, spiritual, physical, and so forth, but within each category, one goal is usually best (and no more than three).

Read your vision statement and choose an annual goal that will move you forward towards that vision in a meaningful way. Write down that goal.

In about an hour, you will accomplished something that perhaps you have never done before. The most important part of any plan is to know the destination, and now you know!

Get out your calendar and find another hour some time before the end of this month. With your vision statement and annual goal(s) in hand, you’ll be able to effectively plan next month. I usually do this on a Sunday morning when it’s quiet.

I’ll talk about the monthly plans and daily actions in another post, but I want to leave you with a key to effective planning. If you do nothing else but embrace this concept, you will be incredibly effective in your growth and levels of achievement. What is the key? It’s this: “Always plan tomorrow before tomorrow begins. And always plan next month before next month begins.”

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How to market legal services on Facebook

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Facebook is a great place to meet prospects and potential referral sources. With a few clicks, you can find and connect with exactly the kinds of people you’re looking for, at no cost whatsoever. The ease with which this can be done, however, too often leads otherwise smart professionals to do things that actually chase prospects away.

Facebook is not an advertising medium, it is a networking medium, and the rules of networking are the same online as they are in the “real” world. Use Facebook to meet people, just as you would at a Chamber of Commerce or Rotary event, and then build a relationship. It’s okay to let them know what you do–that is what people do when they meet, after all. It’s not okay to assault them with self-serving promotional messages.

Just as it’s easy to add friends on Facebook, it’s just as easy for them to block your messages or delete you. Understanding and applying a few simple rules of networking etiquette will go a long way towards helping you use Facebook and other social media sites to build your law practice.

Make your profile about you. People want to be friends with real people, not companies or products or causes. Use your real name, and provide information about yourself–what you do, what you like, where you have been, what you think about the world.

You can describe your practice in your profile and add links to your web sites. Think of this area as your online business card. If someone wants to see what you do, they can look in this section. If they want to know more, they go to your web sites. You can also establish a fan page or group for your practice and link to this from your profile.

Your profile photo should be, not surprisingly, a photo of you. Photos of your dog or a pretty sunset can go in your photo album, but when I’m considering a friend request, I want to see who’s asking. Use a decent head shot and don’t clown around. You really do have only one chance to make a first impression.

Be appropriate. The world is watching –and judging you. If you use inappropriate humor, if there are photos depicting you as inebriated, if you are too extreme in your viewpoints–these can all have serious negative consequences.

Use spell check. Use correct grammar. Be judicious in your use of emoticons, abbreviations, and slang. Your real friends may not care about any of this but I can assure you, many of your business prospects do. All they have to go on is what they see on your page, so be careful about what you post.

As for invitations to join your cause or attend your event, please be aware of how your friends might perceive you in light of your activities. Are you involved in anything ill-suited to your profession or the image you wish to portray? Are you always playing games or taking surveys and, seemingly, never working?

Don’t advertise. Don’t post an ad (or a link to your website) on someone’s wall. Ever. Disguising it as an offer for a free ebook that is part of your sales process doesn’t fool anyone. Don’t do it.

Look, you wouldn’t like it if someone came to your house and stuck a sign in your lawn advertising their services, so why would you think anyone wants your ad on their Facebook property? If you post an ad on my wall, I will delete it. If you do it again, I will delete you.

The same goes for email. If I accept your friend request and you immediately send me messages about your product or service, that’s a big turn off. You might have something I want, the best price, the greatest service, but don’t be surprised if I don’t buy from you.  It’s not quite spam, but it’s close, so don’t do it.

Your status message is different. It’s on your property–I only see it if my settings so allow. But don’t abuse this by posting a never-ending stream of promotional messages. Once in awhile is fine. Do it every hour, like I see some people do, and we’re done.

I change my status message usually once a day. That works for me. It’s okay to change yours several times a day, but make sure you have something meaningful to say. Some say it’s okay to make your status posts two-thirds about you, one-third about your business or offers. I say that’s too much advertising. There are other, more subtle ways to spark interest in what you offer. (See below.)

Add value. Your profile, your status updates, your notes, your videos, your comments on others’ posts, should be perceived, by and large, not as self-serving or frivolous but as adding value.  That doesn’t mean you can’t let your sense of humor show or that everything you do must render a benefit. It does mean that you should show people that you have something to say and something to contribute to the relationship.

You can offer tips and advice, share resources, or describe interesting experiences. I  try to post an interesting quote every week day, and I post occasional videos and links I believe my friends would like to see.

You could write articles (“notes” on Facebook), and provide helpful information. This note is an example. When you post articles, not only do your friends see you as making a contribution, they also get a demonstration of your expertise.

By contrast, updates about the sandwich you just ate or the movie you watched are of no value to anyone unless they come with a meaningful recommendation. I don’t care that you are walking your dog or checking your email. You wouldn’t call me on the phone and tell me these things, so why tell me online? Someone who posts something merely for the sake of posting isn’t adding value, they are simply adding clutter to an otherwise over-cluttered Facebookisphere. [I just coined that word; feel free to use it.]

Adding value also means making an effort to patronize your friends’ businesses.  You’d do that in the real world, wouldn’t you?  And if you can’t hire them or buy something yourself, provide referrals. When you do that, you help two friends and earn the gratitude of both. Be a matchmaker. If you have a friend who is looking for a new employee, for example, and you have another friend who might be a good fit, introduce them.

Add value and people will want to be your friends. Waste people’s time with meaningless information and you might soon find that when you do have something of value to offer, nobody’s listening.

Be yourself, but be normal. Don’t hide your personal side. The things you do for fun–hobbies, games, surveys, widgets you post on your page, and so on, define you and make you interesting. When your friends see they share those interests it can strengthen your relationship. But if you are on Facebook to build your business, you must establish a balance between your personal and business identities. When in doubt, always lean towards your business persona.

In the real world, if you came to my office and I threw a sheep at you or gave you photo of a chocolate martini, that would be weird, wouldn’t it? And yet that’s what people do online. Look, I do silly things on Facebook. I’m opinionated and have a profoundly warped sense of humor and I like to stir things up from time to time. But the majority of my Facebook friends who have an opinion of me would, I think, describe me in positive, business-like terms.

A little flair now and then is interesting. All flair, all the time, is clownish, and people don’t do business with clowns.

Friends first. There is a maxim in marketing that says, “All things being equal, people prefer to do business with people they know, like, and trust.” Be that person.

“How To Win Friends and Influence People,” written decades before the father of the founder of Facebook was born, offers great perspectives on how to do business on Facebook.

Dale Carnegie counsels us to focus on other people,  not ourselves. Talk to your Facebook friends (through messages (email), IM (instant message), and, eventually, by phone and in person) about themselves. Ask questions and listen. Let them do most of the talking.

What do they want in their business or personal life? What problems do they wish to solve? Look for ways you can help them. Provide advice or information or referrals, if you can. Just listen if you cannot. Again, that’s what friends do.

If your services can help them solve a problem or obtain an objective, offer them. If not, don’t. And if you do offer them and they aren’t  interested, drop the subject. They may come back to you some day, when they are ready, or they may not, but they will never hire you if you pushed them or annoyed them to the point where they deleted you.

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Lawyers required to protect personal information under new federal rule

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Oh what fun, lawyers (and their clients) have new regs to comply with and new exposure if they don’t. Civil damages, administrative penalties, and even criminal charges are possible under these new rules. But this emerging field also provides new marketing opportunities. You can advise (and bill), you can represent damaged parties, and you can defend parties charged with failure to comply. And, if you practice in any related field, you can attract new business by speaking and writing about these new regulations. You can also earn profits beyond your legal fees by offering non-legal identity theft protection to your clients and their employees. I work with many attorneys who do this and the income is not only substantial, it is residual. If you’re interested in learning more, send me a personal message. dw

By Susan D. Oja and Alex De Grand

April 1, 2009 — Lawyers who bill their clients after services have been rendered are expected to implement a written program guarding against the theft of their employees’ and clients’ personal information under a new federal law.

The Federal Trade Commission will begin enforcement of the “red flags rule” on May 1. The rule is part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), a congressional response to spikes in reported identity theft. Identity thieves assume a person’s entire identity or synthesize one from parts of various victims. Because more than half of identity thefts occur in the workplace, businesses are required to implement safeguards.

Those subject to the rule are “creditors” and financial institutions who maintain consumer-type accounts or other accounts at reasonable risk of identity theft. The FTC noted that identity thieves look for opportunities to obtain products or services that do not require payment up-front.

As interpreted by the FTC, “creditors” has a broad definition, encompassing professionals such as lawyers and doctors who defer payment of a client’s bill. The American Medical Association protested that other federal laws and professional ethical duties to maintain patient confidentiality precluded the new rule. But the FTC held in a letter that the statute borrows the sweeping definition of “creditor” from the Equal Credit Opportunity Act (ECOA). Agency interpretation of the ECOA specifically includes doctors and lawyers within the meaning of “creditor.”

What is expected

Under the new rule, lawyers must implement a written policy specifying how they will watch for the warning signs — the “red flags” — that indicate an identity theft may be occurring and how they will respond to prevent or mitigate the crime if uncovered.

Policies are supposed to be tailored to the amount of risk. The FTC acknowledges there is no bright-line rule to distinguish between high and low-risk. But the rule suggests a lawyer consider such factors as how easily an account is opened or accessed and previous experience with identity theft.

If a lawyer finds there is little risk, an appropriate program might comprise no more than checking photo id at the time services are sought and a policy against collecting from an identity theft victim or reporting it on the victim’s credit report.

In its letter to the AMA, the FTC stated that it does not foresee the new rule imposing a great burden. “For example, a small medical practice with a well-known, limited patient base might have a lower risk of identity theft, and thus might adopt a more limited Program than a clinic in a large metropolitan setting that sees a high volume of patients,” the letter read.

What to watch for

The Appendix of the “red flags rule” provides examples of incidents putting a creditor lawyer on notice of potential identity theft. In addition to fraud alerts from consumer credit agencies or the client’s complaint, this list includes suspicious documents, perhaps altered or forged. A creditor lawyer may receive fishy personal information such as an unexpected change of address. Creditor lawyers are also directed to look for unusual use of an account.

A creditor lawyer’s policy should address the detection of “red flags” at the time an account is opened by obtaining identifying information about the new client and verifying it, the rule instructs.

What to do

Responses to “red flags” should be in proportion to the risk posed and a creditor lawyer is advised to consider any “aggravating factors” such as a data security breach that may exacerbate the threat. The rule Appendix suggests appropriate responses could be alerting law enforcement, monitoring the account for evidence of identity theft, changing passwords or other security devices controlling account access, reopening an account with a new account number, or closing an account. Under certain circumstances, the rule states that a creditor lawyer may determine no response is necessary.

These written policies should be updated periodically to account for changes in risks to clients’ information or innovations in detection of identity theft. A subsequent merger, acquisition, joint venture, or service provider arrangement may also prompt the need for an updated written policy.

The rule also requires appointing a senior management person to implement the program; appropriately educating employees; and overseeing any service provider arrangements. Liability follows a creditor lawyer’s data, so due diligence is necessary to confirm vendor compliance before outsourcing payroll or hiring an office cleaning company.

More information from the FTC: The Red Flags Rules: Are you complying with new requirements for fighting identity theft?

Susan D. Oja, a solo practitioner in Middleton, is a certified identity theft risk management specialist through the Institute of Fraud Risk Management. Alex De Grand is a legal writer for the State Bar of Wisconsin.

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Lawyer marketing 101: The basics of niche marketing

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Q: I’m starting a solo practice. How do I compete with larger firms who use TV ads?

A: TV ads target everyone, and therefore, no one. The consumer markets are vast and expensive to reach, especially via TV. If you aren’t prepared to go head to head with big budget advertisers, I’d suggest that you concentrate your efforts in niche markets.

Niche markets are small, well-defined, sub-segments of the larger mass market. “Health care professionals,” “Chinese immigrants,” and “people who work for ABC Company” are examples of niche markets.

You can get more bang for your advertising buck in niche markets, and leverage your time by speaking, writing, and networking with centers of influence and/or prospective clients in those markets.

If you handle consumer-type practice areas (bankruptcy, PI, criminal defense, etc.) you’ll find clients and referral sources in just about any niche market. You don’t need to be especially selective about which niche to choose, just make sure it’s large enough to encompass enough people but not so large that you cannot effectively communicate with it. Look for markets with existing publications read by people in those markets, and local organizations where you can speak or network.

If you handle business matters, your choice of niche market(s) needs to be made a bit more carefully. Some business niches are more likely to need your services than others and some markets may already be dominated by a handful of existing law firms. The advantage in business markets is a more established infrastructure of publications, organizations, and centers of influence, ready for you to plug into.

The bottom line is that by focusing on smaller markets, you can dominate them. You’ll get the lion’s share of the business in those markets and never have to worry about someone outspending you on TV ads.

Why compete when you don’t have to?

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Lawyer marketing 101: The basics of networking

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Experts tell us that 85 percent of success in the business and professional worlds is accomplished through personal contacts and word of mouth. The more people you know, then, the more chances you have of meeting people who can and will further your career.

One of the best ways to develop more personal contacts is by networking within organizations. Bar associations, community and charitable groups, and organizations in your target markets provide opportunities to meet prospective referral sources and clients, as well as others who can provide introductions, information, and advice.

Begin by selecting one or two candidate groups that contain people it would be helpful for you to know in the years ahead. Attend a meeting or two, introduce yourself, and decide if it would be useful for you to join. If you decide to join, attend every meeting and
begin the process of making yourself known.

One of the best ways to do that is to volunteer to work on an important committee within the organization. Choose one that has members on it that you would like to get to know or that is engaged in activities that will bring you into contact with key people both inside and outside the organization.

Your work on committees will require time and effort, but over the long term, the relationships you develop can provide everything you need to ensure a lifetime of success.

Today, networking online has become popular. I’ll address that in a future post.

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Attorneys can benefit from a unique selling proposition

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A few years ago, Progressive Insurance ran TV commercials touting that they assign a dedicated claims specialist claimants their policyholders can count on for the life of their claim. The benefit is that you can always call "your" representative and never have to worry about what’s going on with your claim. Policyholders want to be able to talk to the same person each time they call, someone who understands their claim and is staying on top of it "for them".

Now, most other insurance companies probably do the same thing. But because those companies aren’t saying they do it, when Progressive says it, they virtually OWN that benefit.

You can do the same thing. You can promise prospective clients that they will have a dedicated member of your firm assigned to their claim, so that they don’t have to worry about who to ask for when they call. They’ll feel better just knowing that someone is assigned to their case and that it’s not lost in the shuffle.

The fact that most lawyers do the same thing is not important. If you say it and they don’t, or you say it FIRST, you can effectively "own" that benefit and preempt other lawyers in your market from using it. It can become your "Unique Selling Proposition" (USP), the competitive advantage that sets you apart from other lawyers in the minds of clients and prospects.

In marketing, perception is everything. If you appear to offer a unique advantage, people will see a benefit to hiring you instead of your competition.

Your USP can be about any meaningful benefit you offer. What do you do faster, better, or more thoroughly? What do you do that you know clients like?

A great way to find a powerful USP is to learn what your clients DON’T like about lawyers in your field, and promise them the opposite. If clients consistently complain that lawyers who do what you do take to long to do it, for example, your promise to do it quickly would likely be seen as valuable and desirable to those who can hire you.

The number one complaint received by state bar associations is lack of communication by their lawyer. Many lawyers have difficulty, it seems, keeping their clients informed about the progress of their legal matter. Even worse, many complaints involve lawyers who don’t return phone calls. Something this common, and this easy to fix, would seem to be a great USP for lawyers in many practice areas.

If you’re bad at keeping clients informed (or returning calls), resolve to get better. In fact, I’d suggest a goal to become not just better but the best. Make a promise to yourself to return calls within 24 hours, for example. Raise the bar. It’s so easy to do and it will have a profound impact on your practice. Fewer unhappy clients, more repeat clients and referrals.

Then, proclaim it to your clients and everyone else. Let them know of your commitment. Make it your unique selling proposition.

If you’re already good at keeping clients informed and returning calls, the odds are you don’t tell people this, or you don’t tell them enough. Consider doing so before some other attorney decides to make it her unique selling proposition.

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How to get free traffic for your blawg

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If you’ve are a regular reader of this blawg, you know that I have had the BlogRush widget installed on my site since it first came out. You can see it in the right-hand sidebar. It has provided a steady of stream of referrals to me each month, all free traffic. If you have a blog, consider adding the BlogRush widget.

Some months ago, the BlogRush people instituted a new web site–TrafficJam.com. The site lists the top blogs in the BlogRush system in various categories, by popularity of posts. This has also brought traffic to my site. I’m not sure how many lawyers this includes since TrafficJam has a multitude of consumer-related categories, but it doesn’t matter. The more traffic I get, the more referrals the BlogRush system gives me.

Anyway, go to TrafficJam.com and click on the category for Law & Legal. As I write this, my recent post, "How to get big personal injury cases" is number three on the list. Pretty good, wouldn’t you say? At number 10 on the list is my article, "When the ABA wants to interview you. . .". My post, "Hot practice areas for lawyers? Here’s what I think. . ." is number 33. And, as I scroll through the list I see other articles from me (The Attorney Marketing Center). I think what happens is the popularity of the articles depends on the number of clicks they get (so click on mine when you see them!) Actually, I think they also factor in clicks from websites that display the BlogRush widget and other factors.

Check out TrafficJam.com and BlogRush.com and see what you think. If you do sign up, tell your friends who have blogs (lawyers or not). If they sign up, you’ll get credits for their referrals (clicks from their web site) which will bring you even more traffic.

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How to get big personal injury cases

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A personal injury attorney wrote and asked me if I have a strategy for bringing in bigger cases. I was a personal injury attorney for most of my legal career and when I look back at what I did, I have to say that I did not have that strategy. In fact, I intentionally focused on bringing in a volume of smaller cases.

My thinking was that quantity would bring quality. Bring in thousands of clients over a period of years and you are bound to have some big cases in the mix. And that was certainly true for me. But I also recall thinking, as every personal injury attorney does, that one day, I’ll get a case that will bring me millions of dollars in fees and I’ll be able to retire if I want to. But in twenty years, that never happened. Big cases, yes, but not a single practice-making monster.

But there’s something else I understood and that was that I was not one of the big boys. The biggest cases are almost always handled by the biggest names and most of the time, they are referred there by other attorneys. I wasn’t prepared to compete in that arena. I didn’t have the expertise and, more importantly, I didn’t have the passion for developing it.

The best strategy for getting the biggest cases is to become one of the best lawyers. Win bigger and bigger verdicts, develop your skills and your reputation amongst the bar, and when you have the respect of your colleagues, you will get their referrals.

Another way to get big cases is the one adopted by a lot of attorneys who aren’t one of the best and that is to appear to be. They swing a big stick with multiple full page yellow page ads and TV commercials, they sponsor charitable events attended by centers of influence in their community, they network with the right people, send press releases celebrating their victories, and otherwise promote themselves so that they appear to be one of the biggest and one of the best. And by and large, it works.

To do this, you need money and some marketing skills, but most of all, you need drive. The biggest promoters have big, healthy egos. They are driven as much by the desire for attention as the desire for money. I’m not taking anything away from them. They are usually good enough to serve their clients well and smart enough to bring in one of the best when they aren’t.

If you’re not one of the best and you aren’t willing or able to become one, and if you’re not willing to do what the big promoters do, there is an alternative: target niche markets. Become the biggest fish in a small market where word of mouth is strong and limited resources (and hubris) can go a long way. Become the attorney everyone in that market thinks of when they think of injuries. Network in that market, write for that market, serve that market and the centers of influence in it, and over time, you’ll get big cases. Do it well enough and long enough and you may even get one of the very biggest.

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