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?

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How to avoid procrastination when writing

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Do you have a procrastination pad? That’s what one writer calls a pad of paper you keep on your desk, onto which you jot down anything that you need to do or remember that occurs to you while you’re doing something else. It allows you to record the note and immediately get back to what you were doing.

Okay, not brilliant. But not a bad idea, either. Because you always have this pad within reach, you don’t have to go scrambling for a legal pad or scratch paper. And because it is dedicated to recording tasks to be done, not data to be filed, you can periodically input your list into your regular task management system.

Of course you can also set up a digital equivalent on your computer. Keep a text file open and minimized, and no matter what else you may be working on, you’re just a click away your electronic procrastination pad.

Or, you can do what I do. I have Evernote running at all times (I’m writing this now in a new note) and when I get an idea, I type it into a new note in my default notebook (my “InBox”). On my iPhone, I open Drafts and either type or speak-to-text the idea and send it to my Evernote Inbox.

When I’m writing, I often get ideas I want to record. Something I need to research, for example. I know if I stop writing to do the research, I’ll lose momentum and perhaps get lost down the rabbit hole that is the Internet. To avoid procrastination when writing, I make a note of what I need to know or do, and keep writing. I could record this elsewhere, but I find it best to write it within the text I’m working on.

Wherever I find myself stopping, I write a note to myself, within the sentence or paragraph. I put the note [in brackets] or preface it with my initials, “dw:”, to identify it as something I need to do. This allows me to keep writing, which is especially important for a first draft.

Once I’m done with the piece or section, I go back and find all of my “notes to self”. When I do the research later, I don’t have to remember where to insert it, I just go back to my note.

In addition to notes about research, I also make notes about passages that don’t sound right (i.e., “re-do this”), that need elaboration (i.e., “expand this”), or that might belong somewhere else (i.e., “put in chapter 2?”)

By separating the writing from the research, editing, and thinking, I procrastinate less and write quicker and better first drafts.

For more on how I use Evernote for research and writing, check out my ebook

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The best way to start something new

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They say the best way to start anything new, a new habit or way of doing something, is slowly. You try it, learn from the experience, and do it again. You get better, over time.

Starting slowly helps you avoid embarrassing yourself or getting hurt. If you haven’t exercised in years, for example, you start by walking, you don’t sign up for a marathon.

Starting slowly means the pain often associated with new habits or initiatives will be tolerable. You’ll be able to stick with it until you are stronger and better.

If you put a frog in a pan of water and turn on a low heat, the water will eventually come to a boil. The frog won’t feel the gradual increase in temperature and will stay in the pan and literally boil to death. If you toss the frog into the pan after the water is already boiling, however, he will immediately jump out.

The other camp says there are some things where it’s best to just jump in. If you start too small or too slowly, you’ll never gain any momentum. You’ll give up before you see any results.

Who is right? Should you start slowly or dive right in?

The answer is, there is no answer. It depends.

What are the risks and what are the rewards? If you jump in and mess up, would anyone know? Could anyone else get hurt? If you start slowly and run out of steam, what might you be giving up?

What are the costs? Could you save a lot of time or money by starting big? Or would it cost less if you do it slowly?

How good are you? If you have a skill set that bodes well for your success, you might be able to take the leap. If you’ve never done anything like this before, starting slowly is probably the way to go.

How are you wired? Are you the cautious, one step at a time kinda guy or gal, or a thrill seeker?

My take? Unless you have good cause to do otherwise, most new things should probably be started slowly. If you get the urge to jump into the deep end of the pool, sleep on it for a day or two, and then do what I do: ask your wife what she thinks you should do.

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5 simple steps for improving productivity

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I’m going to give you a simple checklist for improving productivity. To use it, first make a list of everything you do in your work day. Do this over the course of a week so you don’t leave anything out.

Include everything: seeing clients, paperwork, calls, meetings, administrative. Include your commute and errands. Also include things you do during work hours that aren’t work related (e.g., playing games on your phone, coffee breaks, watching videos, etc.)

Once you have your list, go through every item. Look at the checklist and make notes. For best results, go through the list several times.

CHECKLIST FOR IMPROVING PRODUCTIVITY

1. Eliminate. Ruthlessly purge anything that is unnecessary or does not contribute enough value to continue doing. Peter Drucker wisely said, “There is nothing less productive than to make more efficient what should not be done at all.”

2. Delegate. Just because something must be done doesn’t mean you are the one who must do it. Assign these tasks someone in house or outsource them, so that you can do, “only those things that only you can do.”

3. Do it less. What could you do less frequently? If you do something daily, could you do it once a week? Once a month? What can you consolidate with other tasks? For example, can you do some of your reading or dictation during your commute?

4. Do it faster. What could you do in shorter chunks of time? If you routinely take an hour to do something, find ways to do it in 30 or 45 minutes. How? Eliminate or delegate parts, use forms and checklists, improve your skills, or get help (i.e., do it with a partner).

5. Do it later. Are you doing anything during prime time you could do after hours? What can you do when your energy is lower? Which tasks are routine or low priority and don’t require your full attention?

Improving productivity means improving effectiveness (doing the right things) and efficiency (doing things right). 80% of your improvement will come from steps 1 and 2 which focus on effectiveness. Eliminating and delegating things that don’t need to be done or could be done by someone else frees you up to do more high value tasks. The remaining steps will help you become more efficient at everything else.

The Attorney Marketing Formula shows you how to earn more by working smarter, not harder.

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What’s your I.Q.?

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What’s your I.Q.? If something doesn’t work out for you, how quickly do you say “I quit”?

I’m sure you’ve hired someone who didn’t work out. You’ve tried software systems or apps that you ultimately rejected. You’ve tried new marketing methods and didn’t stick with them.

How much are you willing to put up with before you say “no mas” and move on?

Of course this is a rhetorical question. Everything is different. It depends on the cost (time and money), the potential return, the complexity, and market conditions. And it depends on you–your knowledge and skills, your finances, your goals, your work ethic.

And so there is no right or wrong answer. But clearly, we have all tried many things we have abandoned that might have produced the desired result had we given them enough time. As Thomas Edison said, “Many of life’s failures are people who did not realize how close they were to success when they gave up.”

Successful people have a long term perspective. They are willing to invest today for a return that might be a long time in coming. Unsuccessful people want instant gratification. And yet nobody wants to do something that’s not working and not likely to do so. When should you continue and when should you admit defeat and try something else?

One thing you can do to answer this is to find someone who has successfully done what you are contemplating and do what they did. In other words, find models and model them.

Because if they did it, there’s a very good chance that you can do it, too. Just knowing that will keep you going when you otherwise might quit.

Don’t necessarily compare yourself to others. When they started, they may have had more skills than you do, or a bigger network. It may take you longer to accomplish what they accomplished. It may be harder.

I’ve found this to be true in my life, and I am okay with this. If what I am attempting promises benefits that I truly want, it’s okay if it takes me longer. What I care about is knowing that I can do it. If I know that it’s possible, based on what others have done, I’ll keep going. In this case, I have a very high I.Q.

I admit, this is not always true. Sometimes, along the way, I discover something about myself or about the journey and change my mind about what I want or what I’m willing to do. But having that model at the beginning allows me to get started and keep going long enough to make that discovery. As a result, I’ve done more than I ever would have done had I waited for the right time or conditions.

What about innovation? Highly overrated. Most inventors will tell you that what they do is look at something that already exists and see it doing something different. Or, combining two things into something new. Entrepreneurs do the same thing.

If you want a successful law practice, find successful lawyers in your field and study them. Find out what they did to become successful and do that. It may take you longer and you may have a bumpier journey than they had. But at least you know that if you follow the same road map, there’s a very good chance that you will get to the same destination.

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Thinking outside the box: what it means and why we need to do it

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Human beings live inside a box, the walls of which are comprised of our beliefs and habits. (For the record, lawyers live inside two boxes. In case one breaks.)

Our beliefs and habits protect us from harm. They help us avoid dangerous situations and make decisions that mitigate risk. They also make our lives more productive and less chaotic. Once we have found the love of our life, for example, our belief in monogamy keeps us from looking elsewhere. (Okay, we may look but we don’t touch.)

Our beliefs and habits our foundational to how we govern our lives and by and large, they serve us well. But if they are too rigid, they keep us from growing. In the context of marketing legal services, for example, our old beliefs can cause us to fall behind our younger, less constrained competition.

The world is constantly changing. We must be aware of, and responsive to, those changes. We must be prepared to try new things and learn new skills, and update the old ones.

But how? How do we get outside of our comfort zone?

With some things, we just do it. We pick up the phone and make the call. We show up at the meeting. We write the report.

With other things, we need some preparation. So we read about them and talk to people who are doing them. We make notes and jot down ideas. And then, we try something.

We start with something small and easy. We dip our toes into the cold water. Once we get used to it, we jump in. Or, if it’s harder than we imagined, we wade in. Eventually, what was once scary and difficult is familiar and easy. What was once firmly outside of our comfort zone is now comfortably inside.

But there are some things that are so far outside of the box we can’t imagine ourselves doing them. They are too difficult, too risky, or too far away. What then?

The first rule of change is having the desire to change. If you’re happy where you are and don’t want to try anything new, despite the possible rewards, then be okay with not trying. You can’t change if you don’t want to change. But if want something better, admit that you do.

Second, you must be willing to do the work associated with that change. That means being willing to invest time, physical effort, and money, in new things. Of course that means you will probably have to re-allocate resources from things you’re currently doing. There are only so many hours in a day and you only have so much energy.

Finally, and most importantly, you have to be willing to undergo the emotional transformation that takes place by thinking and doing things that challenge your existing habits and beliefs. That’s the hardest part of thinking outside the box, and why most people don’t do it.

Change is emotionally difficult. Giving up old beliefs and ingrained habits, learning new philosophies and methodologies, are the very essence of personal growth. This is the hardest part of the journey. And it takes place outside of the box.

Do your clients pay you on time and in full? If not, you should learn how to Get the Check.

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How to deliver a great presentation

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If you’ve never seen Simon Sinek’s TED Talk on inspiring action you’re in for a treat. In it, Sinek explains why companies like Apple captivate and dominate their market when legions of other companies sell boxes that do essentially the same thing. He tells us why the Wright Brothers were first to flight with no funding or credentials that would have predicted their success.

Sinek also helps us to understand the difference between a leader and those who lead, and why great ideas and great products often languish while smaller ideas catch fire.

His talk is filled with wisdom. In a few minutes, he will help you understand the key to success in marketing your services and building a firm that sustains and grows. I heartily recommend that you take the time to watch his presentation and learn why it is the second most popular TED Talk with more than 12 million views.

But there’s another reason to watch it. Not only will you learn great insights about marketing and business, you’ll also see a great presentation. As you know, a presentation isn’t just what you say, it’s how you say it. It’s how the information you deliver is packaged and staged. A great presentation connects with the minds and emotions of the audience, and this is a great presentation.

If you want to know how to deliver a great presentation, study this one. See how he packages and presents his information. Learn how you can make your next presentation more effective.

This post makes it easier. It analyzes the structure, style, and delivery of Sinek’s talk, helping us to understand why in a world of presentations, this is one of the greats.

Do you know The Attorney Marketing Formula? Check it out here.

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Friday is pink, Saturday is yellow

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When I was a kid, each day of the week had a different color. Friday was pink, Saturday was yellow (sunny?), Sunday was white. I don’t know why. Maybe I had seen a calendar with the days displayed in different colors.

Mondays were blue. Not because it meant going back to school. We had a housekeeper come on Mondays who often wore a blue dress. Tuesdays and Thursdays were dark gray, probably because on those days I attended an after school event I didn’t like. Wednesdays were Orange, a bright color signifying a respite between the dark gray days, no doubt.

Whatever the origin of these colors, my attitude towards each day of the week was slightly different. That’s true even today. Today is Friday and I’m looking forward to the weekend. I’m more relaxed, more likely to write something light, maybe even fun.

How about you? You may not see the days of the week in different colors, but I’ll bet you see each day a bit differently. Your energy is different on different days. You probably get more billable work done on certain days than others.

Of course the same is true throughout the day. Clearly, we have times when we are more productive than others. I think this is also true throughout the year. During summer and during the holidays, we work a bit less, play a bit more.

So, what does this mean? It means we’re not machines. It means we have cycles. Our energy ebbs and flows. There is a natural rhythm to our lives. Unfortunately, we’re often out of sync with that rhythm. We have school and work five days a week and we have to show up and produce, whether we feel like it or not.

I’m not suggesting we abdicate our responsibilities, only that we be a little less rigid about our schedules and a little more open to going with the flow. Listen to our inner voices instead of always doing what’s next on the list.

When we don’t feel like doing something, we usually push harder, “because we have to”. The work has to get done. But maybe the resistance we feel towards the task means something. Maybe if we put the task aside temporarily, when we came back to it we could get it done faster, with better results.

Anyway, too much thinking for one day. Today is pink and I feel like having some fun.

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Why you need to think outside the box

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Your Uncle died. It’s sad, but he was 102 and lived a good life. In his Will, he left you $1,000,000, but there is one condition. You only get the money if you spend it all on advertising your law practice.

You can spend it on any kind of advertising you want. Magazines, newspapers, direct mail, TV, online banner ads–whatever you want. You can spend it all at once or set up a monthly budget. But you must spend all of it in one year or less. (This is starting to sound like a movie.)

If you already advertise, or you have always wanted to, you’re probably dancing around the room right now. Imagine how much business you could bring in with that kind of ad budget!

If you don’t advertise, and have never seriously considered it, would you consider it now?

It’s free money! This could be a life changing opportunity for you. A million dollars, spent wisely, might bring you five million dollars in business.

(If advertising isn’t permitted in your jurisdiction, pretend that it is.)

So, what do you say? Would you say, “No, advertising isn’t appropriate for my practice. I’ll have to pass”? Or would you figure out a way to do it that was appropriate?

If you would figure out a way to do it, if you would spend your Uncle’s million dollars on advertising and you have never considered advertising before, I’d like to know why. Why would you spend someone else’s money but not your own?

Too risky? You don’t know how to do it? You don’t have the money?

You may not have a million dollars to spend on advertising, but do you have $1,000? One or two good ads might bring you $10,000 in new business. So, why haven’t you tried advertising before, or even considered it?

Okay, I’m not trying to talk you into advertising. My point is to get you to think outside the box about marketing your services. Ask yourself, “what am I not doing that might work for me?”

Marketing (anything) is about trying lots of things and seeing what works. You get rid of what doesn’t work and do more of what does.

If you don’t know how to do it, find out. Read, hire someone, or find other attorneys who are doing it and model them. If you don’t have the time, get some help. If there is cost involved, test it on a small scale.

And. . . don’t give up on something the first time it doesn’t work. You may have to do it longer before it does. Study, practice, and try again.

You are a better attorney today than you were the day you were sworn in, aren’t you? Marketing works the same way.

Need a marketing plan? You get one free with The Attorney Marketing Formula.

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Do one thing every day that scares you

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Eleanor Roosevelt said, “Do one thing every day that scares you.” I like that advice. It reminds us to get out of our comfort zones, try new things, or do old things in a new way.

That’s how we learn and grow. In fact, without change there can be no growth.

Attorneys do the same things every day. Same documents, same activities. Yes, different clients, and that does keep things interesting, but when today is pretty much a re-run of yesterday and tomorrow will undoubtedly be like today, we risk growing stale.

Yes, change is scary. Our fears are like signposts leading us into uncharted territory. We might get lost. We might get hurt. But we also might have an exciting adventure.

I realize that when you look up the word change in the dictionary you’re unlikely to see a photo of an attorney. Attorneys don’t like change. We avoid risk. We’re boring and we like it that way. So I don’t expect you, dear reader, to do something every day that scares you, but how about doing something every once in awhile?

Think about your marketing. Is there a prospective client you would love to approach but you’re nervous and don’t want to blow it? Great! That’s who you should contact next. Is there a negotiating or trial tactic you heard about at a seminar but have been afraid to try because it’s so different? Cross your fingers and take a chance.

Yes, I know, you might blow the case. That’s the risk. But there is also the possibility of reward. You might discover something that allows you to reach amazing new levels of success.

What else could you do that scares you? Or, if scares is too strong a word, what could you do that you don’t like?

If you don’t like networking, that might be exactly what you should do. Not forever, necessarily. I’m not suggesting you make yourself miserable. Try it once and see what happens. Maybe you’ll meet the client of your dreams. Maybe you’ll discover that networking really isn’t so bad and you’ll want to try it again. Or maybe you’ll confirm that networking isn’t your thing but you’ll be proud of yourself for trying something new.

Commit to doing something new (scary) before the end of this month. Start small. Try a new route to the courthouse, perhaps. Maybe you’ll save five minutes or find a better parking space. Or maybe you’ll be late for court and get yelled at. Embrace the risk and the excitement of trying new things.

If you don’t know what to do, ask someone else for a suggestion. Your spouse or partner probably know you better than you know yourself. In fact, I’m going to take my own advice. As soon as I’ve published this post, I’m going to ask my wife what she thinks scares me but could lead to my growth. I’ll admit, I’m nervous thinking about what she might say, because she will probably suggest something I’ve been avoiding for a long time.

Want to Make the Phone Ring? Click here to see how I do it.

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