What if paying referral fees to non-lawyers was legal and ethical?

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Okay, time to put on your thinking cap and take a stroll with me down imagination boulevard.

We know that paying referral fees to non-lawyers is illegal and unethical for most lawyers. Some lawyers flout the rules and pay referral fees under the table. Others, if they were honest, would admit that while they never have paid referral fees, they have been tempted to do so. At some point in our careers, I think most lawyers have at least wondered why the rules are the way they are.

Rather than debate that hot potato, I’d like to ask you to think about what it would be like if the rules were changed. How would your practice be different if it was legal and ethical to offer referral fees to non-lawyers?

For the moment, forget about whether or not you would offer referral fees yourself, think about what might happen if you did.

When you meet someone new at a networking event, for example, instead of courting them and building a relationship, hoping that one day they might send you some business, you could simply tell them what you do and what percentage of your fees you are willing to pay for a referral.

Do you think you would get more referrals?

Ya think?

Your contacts would have dollar signs dancing in their brains. They’d start promoting you to their clients and customers, friends and family. They’d beat the bushes looking for potential clients, wouldn’t they? They’d refer everyone to you, not to other lawyers who don’t offer a referral fee, or who offer significantly less.

You could quickly build an army of referral sources, people not just willing to send you business but actively looking to do so.

You’d be signing up new clients every day of the week. You’d have more business than you could handle. What will you do with all that money. . .?

Okay, snap out of it. This isn’t going to happen. Not in our lifetime, anyway. And we don’t want it to happen, do we? Okay, maybe we do, maybe we don’t, but it’s won’t, so forget about it.

Let’s sit down, catch our breath, have a cup of coffee, and consider what we’ve learned.

We’ve learned that people who have the ability to make referrals to us often don’t, and that most people who have referred business in the past could probably refer more.

Where does that leave us? Back at square one. Building relationships, practicing the golden rule, serving our clients and professional contacts. In other words, doing the things we’ve learned about marketing and building a practice.

Your clients and contacts can and will send you lots of business. They will beat the bushes for you and promote you to everyone they know, and they will do this without a financial incentive. Smother them will love and attention, give them more value than they expect, stay in touch with them, and give it time.

Offering cash would be quicker, it’s true. But doing things the old fashioned way works just fine.

The 30 Day Referral Blitz will quickly bring you more referrals without asking for referrals. Click here.

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Get more referrals with client appreciation dinners

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Client appreciation dinners are a great way to recognize your best clients and thank them for their loyalty. Basically, you invite them to a free dinner where you present awards and gifts, introduce them to other clients in their niche, and enjoy a good meal.

You might have guest speakers, who may be willing to co-sponsor the event. You might invite your clients to bring guests. Or you can keep the evening information-free and pitch-free and just have a good time.

A Facebook friend of mine, a Realtor, mentioned his firm’s upcoming “Top Referring Client Appreciation Dinner.” I thought that was a smart variation on the idea because his clients have to do something to get invited to the dinner.

There’s a little bit of competition involved. Clients hear about the event and want to come. After the dinner, they see photos on your website and do their best to get invited the following year. Those who do attend will work hard to make the guest list again the following year. They’ll also talk about the dinner to their friends and colleagues.

Of course it also allows the host to promote the subject of referrals to all of their clients indirectly, by simply talking about the dinner.

Nice.

When you recognize good behavior (referrals), you reinforce that behavior and it tends to be repeated. When you recognize that behavior publicly (dinners), many of those who didn’t get recognized (invited) will change their behavior so they can be included the next time.

The bottom line is that you get more referrals, not just from those who make the grade as “top referrers” but from everyone. Your top referrer may send you ten clients, but you may have 100 clients who send you one or two.

If you can’t or don’t want to do a client appreciation dinner (criminal defense lawyers, I’m talking to you), how about a dinner for professionals? Invite your best referral sources and recognize them for their efforts. You can do this even if you do sponsor a client dinner.

If a client or referral source appreciation dinner isn’t in your budget right now, consider a breakfast or luncheon. Or, invite your best referring client or referral source out to dinner, just the two of you, to say thank you for their support throughout the year. Next year, you can invite a few more.

Want another way to get more referrals without asking for referrals? Here it is.

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Content marketing for lawyers made even simpler

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In Make the Phone Ring, my Internet marketing course for attorneys, I provide a comprehensive list of ideas attorneys can use to create content for their blog or newsletter. They can also be used to produce reports, presentations, articles, videos, and other kinds of content.

Whether you have my course or not, today I want to give you a homework assignment that will help you create ideas for content almost automatically. You see, it’s one thing to go looking for ideas when you need them. It’s something else to have those ideas coming to your in-box every day, filling your mind with raw material and providing you with a starting point for creating rich, timely and interesting content.

Your assignment is to subscribe to three types of newsletters (blogs, RSS feeds, ezines, etc.):

  1. Other lawyers. Find lawyers both in your field and also in other fields and subscribe to their newsletters or blogs. You may start out with seven or eight and then cut back to the best three or four. You’ll get ideas for your own articles, which may include commenting directly on theirs. You’ll also see how often they publish, how long their posts are, and what types of posts they write (case histories, news, commentary, etc.)
  2. Your target market. Read what your target market is reading–news about their industry or local community, for example. Also read the content produced by those who sell to or advise your target market–vendors, consultants, businesses, and other professionals. You’ll learn about the news, issues, causes, and trends that affect your clients, prospective clients, and referral sources. You may also identify new marketing opportunities as you learn about those trends and the people associated with them.
  3. Something different. Subscribe to content that interests you and has nothing to do with the law or your client’s industry. It could be hobby related or any kind of outside interest–tech, travel, food, sports, news. I get lots of ideas by reading outside my main areas of focus, and so will you. You’ll be able to create richer, more interesting content. And it doesn’t matter if your readers don’t share your interest. Not everyone follows sports, for example, but on some level, everyone can relate to sports analogies.

Content marketing for lawyers is relatively simple. Subscribing to other people’s content makes it even simpler.

Get Make the Phone Ring and get more clients on the Internet. Click here.

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Email best practices for small business and professionals

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I’m an email bigot. I judge you by your email. Unfortunately, so do your clients. And other professionals. If your email practices are anything but professional, it is hurting you.

There are also some practical applications for setting up and using email effectively. Here is a short list of email best practices for small business and professionals:

  1. Work email (your fiirm). Use your work email only for official firm business, where you are required to do so. Use your own (professional) email for everything else, i.e., marketing. If you leave the firm, you lose your email address and all the contacts that go with it. The same goes for your email subscriptions.
  2. AOL/Gmail/Hotmail/Outlook, et. al. These aren’t appropriate for business or professionals. Don’t use your ISP, either. I have an email through my cable provider but I never use it. Not only does it sound unprofessional, if I ever change cable companies, I have to notify everyone of the change. Get your own domain name, you@yourname.com. You can still use gmail, et. al, as I do, and simply forward your professional email to your gmail or hotmail or outlook.com account.
  3. Your name. Use your name, either first or first and last, @ yourdomain.com. Don’t use anything cutesy (i.e., bighunklawyer@domain.com). That’s fine for personal email, but not for work.
  4. “From”. Set up your email so that your name appears in the “From” portion. There’s nothing worse than getting an email from someone who doesn’t identify themselves. And use your name, not your firm’s name. Firms don’t write emails, people do.
  5. Email signature. Make sure you put your name and contact information at the bottom of every email. Include your website. You don’t need anything fancy, but do show people how to connect with you and find out more about what you do.
  6. Disclaimers and disclosures. Keep these to a minimum. In fact, if you aren’t required to use them, don’t. They are off-putting and annoying. They make you look distrustful and boring. Nobody actually reads them. They probably don’t protect you. You’re killing electronic trees.
  7. Formatting. Don’t write emails that extend across the entire “page”. They are harder to read. Put a return after approximately 72 characters (mono). DON’T WRITE IN ALL CAPS. Keep sentences and paragraphs short. In fact, keep your emails short.
  8. Subject. The most important part of the email because if you don’t get people to open your email, it doesn’t matter what you say. Say something that lets the recipient know that there is something of value or interest inside.

I write about this subject periodically because I continue to see emails from professionals who don’t follow these simple basic principles. If you write to me, don’t tell me your name, and your email is booboo2785@aol.com, you can’t expect me to treat you seriously. Wake up and smell the coffee.

Here’s a good article on how to change your email address without messing things up.

Here’s a great way to get referrals quickly.

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Ron Burgundy promoting your law practice?

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Advertising works. Even silly campaigns like the one Dodge is running featuring fictional newscaster Ron Burgundy, played by actor Will Farrell, as spokesman. Sales of the Dodge Durango were up 36% in November versus last year, thanks to these ads and the tie-in with the upcoming sequel to the 2004 hit movie, Anchorman.

Why do these ads work? There’s nothing new being said about the Durango. And the Ron Burgundy character isn’t a car expert, fictional or otherwise. It works because people recognize the character, talk about the ads, and think about the Durango when they are in the market for a new vehicle.

Most lawyers don’t use celebrity endorsements in their advertising, but they could. It’s not as expensive as you might think to hire a former sports figure or B-list actor. In fact, there are agents who specialize in booking their clients for just this purpose. I recall seeing former Los Angeles Dodger’s stars Steve Garvey and Ron Cey doing local TV ads long after they were retired from playing.

Also, you don’t need someone whom “everyone” would recognize. You can hire someone who is well known in your niche market. The former head of a trade association, for example.

But let’s say you don’t want to hire anyone. Hell, let’s say you don’t want to do any paid advertising, (or aren’t allowed to). What then? You can still leverage the celebrity of famous people.

My friend, attorney Mitch Jackson, regularly interviews famous people for his video podcast. These videos bring traffic to his website and bolster his reputation as someone who is successful enough to have famous people willing to “take his call”. In essence, their appearance on his “show” provides an implied endorsement for his practice.

How did he get some of these folks to agree to an interview? I’m sure he’ll tell you he just asked them. Celebrities, speakers, authors, professionals, and entrepreneurs need exposure. I love being interviewed. It free advertising, easy to do, and lots of fun.

If you don’t have a podcast, video or otherwise, you could interview well known people for your blog or newsletter. Who do you know who is famous, if not to the world, within your target market? Do you have a famous client or friend? If not, do you know someone who does?

If nobody comes to mind, ask yourself, “Who would I like to know? Who might my market like to hear me interview? What semi-famous person has a list of followers or fans who would be good candidates for my services?’

Another thing you can do is piggyback on a charitable cause. Invite celebrities to come to an event you are involved with, lend their name to it, or promote it to their social media channels. Celebrities love to be seen associated with causes they believe in.

You don’t need a direct endorsement for your services to benefit from a celebrity’s name recognition. Even mentioning that you met a well known person at an event you attended has value. Hey, you don’t even need to talk to them. Just take selfies with famous people and post them online.

Do you have a marketing plan for next year? Start with this.

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“The best thing I did was to stop trying to build my practice”

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Attorney marketing colleague, Stephen Fairley, had an an interesting comment on one of his recent Facebook posts. I want to share the comment, by attorney Jules Cherie, along with my thoughts on the subject.

Here’s the comment:

“I know that many people will disagree with me, but the best thing I did was to stop trying to build my practice.

I find that just taking four or five personal injury cases per year is the best way to live both professionally and personally. You have more time for your clients and you have more time for yourself. You are always ahead of the defense and they can’t keep up with you. You also have less overhead. The more cases you take the more staff you need to manage them. This creates a mini-bureaucracy and then there is less personal contact with the clients. I like it when the phone DOESN’T ring.

I would also recommend that everybody read The King of Torts by John Grisham and take note of a character in that book by the name of Mooneyham. Contrast his practice to that of the protagonist.”

Here are my thoughts.

MARKETING

I assume Cherie’s new cases are coming in via referrals. If these are from clients, he gets them because he has built a career of serving those clients and earning their trust and gratitude. If they are from attorneys and other non-clients, they are the result of years of building his skills and reputation and relationships with those referral sources.

He isn’t building his practice today (marketing) because he doesn’t need to. He did it over many years. He planted seeds and is now reaping the harvest. Good for him.

BUSINESS MODEL

Knowing what you want, e.g., big(ger) personal injury cases, helps you to know what you don’t want (e.g., everything else). This is good. Specializing is good. Low overhead is good. Having little or no staff to manage and pay is good.

On the other hand, there is no leverage in a business model like this. It’s all about you and what you do. You don’t earn income off of other people’s efforts. If you get sick or want to slow down or retire, your income stops.

PRACTICE AREA

Four or five big(ger) personal injury cases can generate hundreds of thousands of dollars in income. The same is usually not true for divorce or estate planning and many other practice areas. If you earn ten thousand dollars per case or client, you’re going to have a lot of clients or cases to earn six- or multiple six-figures. This may or may not require more overhead and more “marketing”.

You can get big(ger) personal injury cases through advertising and other means, but the biggest and best cases usually come from referrals. To get those referrals you need to be very good at what you do, and many attorneys are not, or if they are, don’t yet have the reputation or connections (pipeline) built to get those referrals.

Although I’m sure Cherie is extremely selective about the cases he takes, he still has risks. Losing even one case, or a judgment or settlement well below expectations, could have a significant impact on his income. He also risks losing whatever costs he might invest in building the case.

On the other side of the risk equation is the fact that one very good case could bring in millions of dollars in fees, more than enough to make up for any loses he might sustain. In addition, there is arguably less risk in handling bigger cases with significant exposure for the defendants and their carriers, and thus potentially greater settlement value, than small(er) cases which are often not worth litigating.

CONCLUSION

Cherie’s practice has many positive aspects. It allows him to focus on doing quality work without the many distractions and burdens associated with running a higher volume practice. As someone who ran a high volume PI practice, I clearly see the appeal. But this business model isn’t for everyone and those who would like to adopt it need to remember that it’s not something that can be accomplished overnight. It takes a long time to build your skills and reputation and make the connections needed to enjoy a small volume referral-only practice. There are no shortcuts.

When I was practicing, I didn’t have time to read fiction. Now that I do, I’ll have to pick up a copy of The King of Torts and learn more about what I was missing.

Leverage is the key to earning more without working more. That’s what The Formula is all about.

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Putting some practice into your law practice

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A Facebook friend mentioned a recent conversation with a photographer who told him, “You need to practice your craft! Ask any serious musician, actor, actress, vocalist, writer, painter, etc., how often they practice and they will tell you. So often I talk to photographers and ask them the same question and they get a blank look on their face and say, “Practice”?

What about lawyers? Are we not serious professionals? Are we not creative?

We practice law but how many of us practice the practice of law?

Most trial lawyers practice their closing arguments. But how many practice interviewing a hostile witness? How many practice writing a more persuasive brief or settlement package?

Lawyers want more clients but how many practice meeting new people at a networking event? How many practice what they will say to a prospective client who comes in for a consultation?

I’ll admit, in my law practice, I did very little practicing. Over time, I got better at writing and speaking not because I made a conscious effort to do so, not by practicing but by speaking and writing for real clients in real cases. How much better might I have been had I worked on this between clients?

An actor rehearses before he goes on stage. He works on his craft when nobody is watching or in a workshop among his peers. He practices and practices so that he can deliver the best performance. Musicians do the same.

Writers churns out millions of words that are never seen, honing their craft, improving their work product. Painters do studies, dancers rehearse steps, singers do scales.

In law school and in bar review courses we took practice exams, getting ready for the real exam, the one that counts. Why do we stop practicing once we get licensed to practice?

Want ideas for articles, blog posts, and speeches that make the phone ring? Go here.

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The 8-Part Recipe to Get Referrals from Shared Office Space

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If you rent or sublet shared office space with other professionals, hands down, the easiest source of referrals for your law practice is from your officemates.

Most lawyers view office space as a necessary expense. While this sentiment may be true, it’s short-sighted.

An attorney’s office space should be viewed the same way as an associate; in theory, the income it generates should exceed its cost. And just as your junior associate has a billable hour requirement, your office space should be held to the same standard.

You should generate 1x to 2x your rent in in referrals from officemates every year.

Whether you share office space with lawyers in your own firm or other professionals in a shared office space, you should be receiving at least one to two times your rent in referrals, per year, from officemates.

Clearly not enough to make a practice, but it will take one of your biggest fixed expenses and turn it into a powerful revenue source. For a solo attorney or small law firm, the additional revenue could pay for another marketing campaign, an assistant’s salary or a much needed vacation.

Building referral relationships with officemates takes very little time.

Cultivating referral relationships with officemates takes very little effort or time – a precious commodity in in the legal business. Think about it. You’ll see your officemates every day anyway. This is the easiest networking you will ever engage in.

Plus, it’s fun — or at least less distasteful as compared to other kinds of marketing activities.

But the rules of the referral game still apply.

Whether you network for referrals inside the office or out, the rules of the referral game apply: People do business with those they know, like and trust, and it doesn’t hurt if you send a piece of business before expecting one in return.

But unlike networking outside the office, in a shared workspace, you can build strong relationships as you go about your regular workday.

Use these 8 simple steps to consistently get referrals from officemates.

Here are 8 simple tips that, if done consistently, will generate more referrals from your officemates:

  1. Do the walk-around. Once a day in either the morning or evening, do a walk around the office and say hello to your neighbors. If they’re not busy ask them a few questions about their family, weekend plans or something important to them that is unrelated to business.
  2. Be a good listener. Nobody likes a blowhard, but everyone loves to talk about themselves. Be a good listener and you’ll get the reputation for being a gracious conversationalist without having to say much. It’s a great technique for those of us who are not particularly outgoing. What your officemates tell you about themselves will be topics for future conversations, and will help accelerate the development of your relationship.
  3. Keep them wanting more. If you’ve done a stop-in to a colleagues’ office, hit the eject button early in the conversation. If you are a constant presence in your neighbor’s doorway and you regularly overstay your welcome, you’ll start to find that your neighbors’ doors may be closed. Always leave them wanting more. You’ll be able to develop trust that your visits will be fun and/or productive and won’t waste their time.
  4. Get out of the office together. Have your assistant coordinate a lunch (or do it yourself) once every couple of weeks with one or two of your neighbors. At lunch, try to keep the conversation about things other than business, because it’s likely to end up there all on its own.
  5. Market THEIR business too. While you are out of the office marketing, keep your ears open for business opportunities that you can direct to one of your neighbors. When you give something of value to someone else, it’s human nature to want to reciprocate. This is even more so when you see the ‘giver’ every day in the office. The favor will always be returned.
  6. Be helpful. Offer to cover for your neighbors while they are on vacation or if they are out sick. Even if your neighbor doesn’t need your help, the offer alone will add value to your relationship.
  7. Be generous. Every few months, buy a few pizzas and a six-pack and host an informal happy hour for your neighbors. Do it in the conference room after work hours. It will give you all a chance to blow off some steam without being too formal.
  8. Seek their advice. Ask a neighbor a question about a legal issue you are grappling with. People love to be helpful, and lawyers in particular like to appear knowledgeable. Be appreciative of the advice and see your relationship grow.

The exchange of referrals is merely a natural extension of our personal relationships – without which, the referrals won’t likely happen. As with any good referral relationship, a personal connection must come first.

In the legal profession, long days are part of the job and attorneys spend many waking hours with their office colleagues. In some weeks, you may see your officemates more than you see your spouse or children.

Taking time to get to know the people you share office space with makes work life that much more enjoyable – an investment that will return more than just referral income.
__________________
Stephen Furnari is a corporate attorney and the founder of Law Firm Suites, an executive suite for law firms based in New York City whose attorney clientele exchange $2.5 million in client referrals each year. Mr. Furnari is the author of How to Convert Office Rent into Referral Revenue, the ultimate eBook guide to maximizing referrals in shared law office space. Stephen has been featured in the ABA Journal, Entrepreneur, New York Daily News and Crain’s New York. Follow Stephen on Twitter.

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Some perspective on marketing legal services

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You often hear me say, “marketing is everything we do to get and keep good clients”.

Everything.

In terms of time, it’s mostly the little things we do every day. It’s the way we greet our clients and make them feel welcome. The emails and letters we send to former clients to stay in touch and remember them during the holidays. The articles and blog posts we publish to educate people about the law.

Marketing is also bigger things. Creating a new seminar or ad campaign. Scoping out and joining a new networking group. Recording new videos for your website.

And everything in between.

Most of the little things take little or no time to learn or apply. They are a natural extension of your values and personality, not the application of technique. Treating people with respect is part of who you are, not something you learn in a book.

Creating content for your website requires some time, but not an inordinate amount, given that it’s mostly writing things down you already know and do.

Bigger projects require more time and resources, it’s true, but you don’t do them every day. You outline a new presentation, create the slides or handouts, rehearse, and you’re done. Maybe it took you a week or two, but now you have a new marketing tool in your arsenal you can use over and over again.

Bigger projects can serve you long term. Getting involved in a new networking group, for example, takes extra effort initially, and may take months to bear fruit. But that group could eventually become a major source of new business (and friendships) for you, and last for decades.

Do something marketing related every day. 15 minutes is good. Reach out to a few former clients or other professionals with a note or email and watch what happens. Once a month or so, work on a bigger project. A 30 Day Referral Blitz, for example.

Whenever possible, invest your time and resources in creating things with a “long tail,” like new relationships, new content for your website, and new ways to grow your email list.

Marketing legal services doesn’t have to be daunting. If it is, you’re not doing it right. Sure, there are new things to learn and new things to do, but mostly, its about attitude.

If you’re struggling in your practice, start by examining your attitude towards marketing. If you don’t like marketing, if it’s something you force yourself to do, you will continue to struggle. If there are things you like and things you don’t, great–do more of the things you enjoy and are good at.

Marketing is a lot like lawyering. It takes place mostly in your head.

The Attorney Marketing Formula comes with a marketing plan.

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Advertising for attorneys who don’t advertise

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It’s raining and there was a collision in front of my house this morning. Naturally, I grabbed some business cards and ran outside. Just kidding. I don’t do that anymore. Just kidding. I just put on my tee-shirt that says, “Auto accident lawyer” in big print and asked if everyone was okay. Just kidding. I don’t own that shirt anymore.

Yikes, I just remembered, when I passed the bar someone gave me a tee-shirt that said “Da Lawya” on it. For realz.

Anyway, it’s good to let people know what you do for a living. The more people who know, the more chances there are that someone will want to hire you or refer someone they know.

So let’s talk about attorney advertising.

Not the usual kind of advertising. Not the kind you may not like or may be forbidden from doing. Something different. Easy. And free.

There are two steps:

Step one: Contact two people today you don’t know, either online or in person, and ask them what they do for a living.

Step two: Repeat step one daily.

That’s it. Approach two people a day, introduce yourself, and ask what they do. They’ll answer. Then, they’ll ask you what you do. You tell them. Done.

After that, who knows. Someone might need you right away, but it doesn’t matter. There are lots of things you can do to continue the conversation and build a relationship.

So maybe that’s not really advertising, it’s networking. Whatever. It works. And it’s easy. And you don’t need a tee-shirt.

Marketing is everything we do to get and keep good clients. Start here.

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