3 Essential Marketing and Communication Skills for Every Attorney

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When I opened my first office fresh out of law school I knew nothing about marketing and it showed. For several years, I struggled to bring in clients and pay my bills. Fast forward five years and I had built a very successful practice and was on my way to teaching other lawyers how to get more clients and increase their income.

What changed? I did. I had learned a lot about marketing and I acquired some new skills. Those skills allowed me to apply that knowledge in the real world, transforming the abstract into dollars and cents.

If you want to develop your practice, I consider these 3 skills to be essential:

I LEARNED HOW TO SELL

Many attorneys I speak to tell me, “I didn’t go to law school to become a sales person.” “Actually, you did,” I reply. “They just didn’t teach you very well.”

Okay, I get snarky sometimes. But the truth is, while attorneys may not be sales people in the literal sense of the word, attorneys do sell.

The best attorneys are very good at persuading people to do something they otherwise might not do (or do as much). Sometimes we use intimidation and thinly disguised threats to accomplish these outcomes. Sometimes we appeal to logic and reason. Sometimes, we appeal to emotion.

Some people see selling as manipulative but couldn’t the same be said for what attorneys do?

Actually, selling is not manipulative, at least not done correctly. If you’re among those who believe that selling is less than honorable, an article in INC. Magazine, How to Sell if you Hate Selling, might help you to see that selling is a natural extension of being an advisor and advocate, and a benevolent one at that. It is benevolent because it allows you to do a better job of helping people to get what they want and isn’t that what we are paid to do? Of course sales skills will also help you get what you want but isn’t that at least part of the reason you went to law school?

Learning how to sell was the most valuable of the 3 key skills I acquired in my transformation from struggling neophyte to successful professional. But 2 other skills were also essential.

I LEARNED HOW TO WRITE

It started with demand letters. I let go of the legalese and formality that I had been hiding behind and started writing letters that communicated and persuaded. I stopped writing in the “third person”. I began using active verbs and specific nouns. I used personal references and I told stories. I can’t say it always brought in higher settlements. Most of the time it probably made little difference. But it opened my eyes to what is possible with a good command of the written word.

I read many books about writing and I began journaling. I wrote as much as possible and continually improved my abilities. I also studied copy writing and with a lot of practice, got good at that, too. Eventually, I wrote all of the ads, sales letters, and collateral material that sold millions of dollars of my Referral Magic marketing course.

Yes, you can hire people to write brochures and sales copy for you. But just as learning how to sell makes you better at every aspect of marketing, so too does learning how to write.

I LEARNED HOW TO SPEAK

Seminars or luncheon presentations may not be a primary marketing tool for your practice, but becoming a good public speaker is an invaluable skill for every attorney.

Speaking is very different from writing. You may present the same information and you may achieve the same result, but speaking and writing are two completely different sets of skills.

I’ve spoken to small groups and to groups of thousands. I’ve been on many webinars and conference calls and done hundreds of live presentations. I’ve trained lawyers and business owners and influenced the buying decisions of thousands of prospects. In addition to bringing in a lot of business, my speaking skills have made me a better writer, a better sales person, and a better lawyer.

Selling, writing, and speaking are 3 marketing and communication skills that are essential for every attorney. I hope I’ve sold you on making them an important focus of your personal development.

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What to do when you stink at marketing

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Many attorneys claim they aren’t good at marketing. You know what? They’re right. They aren’t good at marketing. You know what else? It doesn’t matter.

That’s why God created partners.

I know some attorneys who don’t know the first thing about marketing but have thriving practices because one or more of their partners are good rainmakers.

If you’re not good at marketing, don’t sweat it–partner with someone who is. Your strength may in drafting complex documents, negotiating big settlements, or scoring courtroom victories. Your partner brings in the business and you convert it to cash.

It’s a match made in heaven!

“But I don’t have a partner” you say.

No problem.

“My partner is as bad at marketing as I am!”

Also okay.

The solution is to find a workout partner, someone who has the skills you lack and is willing to help you, in exchange for your help with something they need.

You meet once a week, or check in over the phone once a day, and coach each other and hold each other accountable to your stated goals.

You don’t have to find someone who is good at everything you need. If you know nothing about web sites, find someone who can help you get yours started. If social media is an enigma, find someone who will let you watch what they do, answer your questions, and be your guide through the social media maze they find so natural.

Workout partners can also be study buddies. You share what you’re reading, tips you have learned, resources you have discovered, as well as your ideas and plans. You provide feedback and encouragement to each other as you learn and grow together.

Your workout partner doesn’t have to be an attorney. Your skillset may be more useful to a business owner or other professional. And they don’t have to be local.

Where do you find a workout partner? Everywhere. Networking events, through social media, even on your client list. Once you know what you’re looking for, you’ll find plenty of folks who can help you.

When I was a kid I collected coins. I always carried two lists, “Have” and “Need”. Our weekly coin club allowed us to meet and trade (or sell) coins to fellow club members so we could complete our collections. These two lists made it easier.

You might do something similar. Write a list of what you “have,” i.e., what you can help others with, and a list of what you “want,” what you need help with. Carry these with you and you’ll soon find someone who has exactly what you need to complete your collection.

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Success in legal marketing is yours for the asking

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Marketing your services is so much easier when other people help you. And help you they will. All you have to do is ask.

So ask.

Ask for referrals. Ask for introductions. Ask for advice from other attorneys. Ask your clients for information about your target market. Ask people to Like your Facebook page. Ask people to forward your newsletters and recommend your seminars. Ask clients what you can do to better to serve them and ask prospects how you can win their business.

Ask and ye shall receive. Seek and ye shall find.

Often, attorneys have trouble asking for help for themselves. They have no problem asking a judge or jury for relief for their client but when it comes to asking people to help them, they get uncomfortable. Their ego gets in the way. They think it makes them look weak. But the opposite is true. Asking for help is not a sign of weakness, it’s a sign of confidence and strength.

And people want to help you. It makes them feel good to do it. It makes them feel appreciated and important. You flatter them when you ask.

Don’t you feel good doing favors for others? You know you do. You like being asked and you like being able to help. It feels good when someone says, “thank you”. So look at asking for help as an opportunity to make others feel good.

Now, I want you to do me a favor. I want you to ask someone for help today and let me know what happens. It will make me feel good to know that my advice worked for you. So will you do me that favor? Thank you, I appreciate your help.

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My political views finally revealed (not)

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When I first got stated on Facebook, one of my “friends” posted an incendiary political comment on my wall. In response, friends with opposing viewpoints took him on. Back and forth they went, telling each other in heated tones who was right. Others joined in. Soon, a full blown flame war was taking place.

It was great theater.

I let the two sides go at each other for while and I stayed out of it. No way was I going to get involved in that mess.

And then it really got ugly.

The original poster starting insulting people. Despite repeated requests by the majority to curtail the invective and stick to the issues, he continued his name calling. The more he was asked to tone things down, the worse he got. I had no choice but to remove him as a friend.

Even though this was an extreme situation, it reinforced the notion that discussing politics in public is not a good idea. Unless you are certain that everyone in “the room” is of a like mind, you’re just asking for trouble.

If you’re a professional or in business, your political views should not be posted on social media. Why risk alienating half of your friends and followers? Even when the discourse is civil, political postings provide an insight into your thoughts that can drive a wedge between people who might otherwise get along just fine.

I have political views. Not a day goes by that I don’t feel like posting my opinion about one thing or another, or re-posting what someone else has said.

I’d be nuts to do it.

So I bite my tongue. And save it for a private conversation.

It’s called being in business.

I have many friends on the other side of political aisle. We like each other. We do business together. We can talk about almost anything.  But not politics. We don’t go there.

In business, you can’t go there.

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How I studied for the Bar exam and how I use those skills today

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The other day I found the outline I used when I studied for the Bar exam over thirty years ago. It was from a Bar review course I had taken, a single “mini-outline” that condensed eight volumes of study material into one paper-bound book.

I remember the process I followed to study for the exam. I went through each of the eight subject volumes, all of my notes, practice exams, and handouts from the review course (and anything I had saved from law school), distilled everything to what I considered essential and re-wrote this in my “mini-outline”.

There was plenty of white space for additional references, notes to myself, case citations, and examples that I wanted to remember. When I was done, I was able to put everything else aside and study just from the mini-outline.

Of course I learned most of what I needed to know not from studying the mini-outline but through the process of creating it. In deciding what to include in the outline, I had to read everything with a critical eye. I couldn’t just read everything as we typically do when we study, I had to think about what I was reading and make decisions about what it meant.

“What is the essence of this idea?” “Is it essential or tangential?” “How does this fit in with what I already know?” “How would I illustrate this?” “What is the opposing or minority view point?”

I didn’t think about it at the time but I was essentially doing research (my study material) for a paper (my mini-outline). I had to read like a writer, not a student.

Next, I went through the mini-outline with a hi-lighter and then again with a red pen. I circled key phrases, drew arrows from printed notes to my hand-written examples, and otherwise marked up my outline so that after several times through it, I had mastered it.

I remember during the exam itself, when I needed to recall something, I was able to see in my mind’s eye the actual page in my mini-outline where the information was written. I could see the yellow hi-lights and red arrows, what was at the top of the page and what was below. I could see and “read” my hand-written notes.

I had spent so much time creating the outline and studying it, I had all but memorized it. It was as if I had the book with me in the exam room.

There was something else I did to prepare for the exam. I knew I needed to have all of this information in my head, but I also needed to be able to “output” that information. We study for exams by reading but exams are taken by writing, so I knew I had to do as much of that as possible.

I took lots of practice exams. This helped me to discover where I might know something but not be able to express it. Or I had memorized something but really didn’t understand it. I could then go back and fill in the blanks and add those notes to my outline.

There was something else I did to prepare for the exam. I created, from memory, a one-page outline for each of the eight subjects. This really showed me what I knew and what I only thought I knew. I then re-wrote my one-page outlines, adding the material I had not been able to write from memory in red ink. When I was done, I had an “outline of my outline” and was able to study from those eight pages.

For good measure, I then wrote a one page outline of those eight pages. It was a summary of everything I had studied, reduced to a single page. There wasn’t room for details, and that was the point. While it didn’t really add anything to my body of knowledge, it was inspiring. “Everything” I needed to know was on one piece of paper.

I felt completely at ease during the exam. It was almost too easy. I was delighted when I got the news that I had passed, but not surprised. I knew the material and I was able to “output” what I knew onto the printed page. All of my preparation had paid off.

Today if I was studying, I would use “mind maps” to create a visual depiction of the information and how it fits together. It’s a better way to outline because it groups things organically, the way your mind sees them, instead of artificially forcing that information into linear order.

The process I used to study for the Bar exam has helped me over the years. I have used it to prepare litigated cases and in marketing. I use it in writing, preparing course material, and in live presentations. I often write first drafts “to see what I know”. I distill large quantities of information into shorter summaries. I outline my outlines.

For your next presentation, brief, report, or trial, when success is predicated on explaining and persuading, take what you know and distill it to its essence. Practice your presentation to see what you know and what you need to improve. Make an outline and re-write that outline until you can recite it from memory.

The job of an advocate, writer or presenter (or test taker) is to make things so clear that the listener or reader cannot possibly misunderstand. You don’t need to be brilliant or a gifted writer or orator to accomplish this. But you do need to know your material.

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Get bigger results with a DMO (daily method of operation) with these 4 components

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Most attorneys handle their day by (a) looking at the calendar and (b) responding to phone calls, emails, and regular mail. They handle the work in front of them and never seem to find time for much of anything else.

They know they “should” spend some time on marketing, for example, but that time never seems to materialize.

The solution is to create a “daily method of operation”–a written list of daily activities that help you move forward towards your long term and short term goals.

Your “daily method of operation” is a broad plan for the day. Rather than spelling out the specific tasks you need to do each day, a DMO focuses on the big picture. It reminds you to pay attention to what’s important, rather than what’s in front of you. It allows you to run your practice instead of your practicing running you.

Every attorney’s DMO should have these four components:

  1. Professional and personal development. Every day you should be reading or listening to training, learning new ideas, and finding ways to improve what you already know and do. Without continual development, you will stop growing and eventually begin to decay. This category includes continuing legal education, but also things like practicing your next presentation in front of a mirror, reading books on sales and business, and spending time with a mastermind group or a workout partner.
  2. Money making activities. This is work that brings in revenue. Make sure you’re doing things that allow you to bill or settle cases, not wasting time in pointless meetings.
  3. Marketing. Marketing is everything you do to attract clients and you must do it every day. It includes staying in touch with former clients and making sure your current clients are happy. In fact, from a marketing standpoint, there is nothing more important than “client relations”. Whatever you do for marketing–blogging, speaking, networking, social media, advertising–schedule time and do it every day.
  4. Administrative. If you run your own practice, there will always be things you need to do or to supervise to make sure things are running smoothly. If you aren’t in charge, there are things you need to do to stay organized and out of trouble. Schedule time each day to make sure you’re on top of things, but not so much time that the other components get short-changed.

To stay on track, you should also set goals for each component. There are two types of goals–activities and results:

  1. Activities: e.g., make one “how are you?” call each day to a former client, attend one networking function per week, etc.
  2. Results: e.g., one new client per week via online marketing, increase revenue 25% this quarter, etc.

Create a daily method of operation for your practice and schedule time for all four components. If you spend only 15 minutes a day on marketing but do it every day because it’s part of your DMO, you’ll be amazed at what you can accomplish.

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Save time, reduce anxiety with a DON’T do list

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It is said that successful people make up their minds quickly and change their minds slowly, if at all. As someone who often spends waaaay too much time thinking about things, that’s not what I wanted to hear.

But when you’re intelligent, you can see many possible outcomes. Things are rarely black and white and we should never decide anything important without taking time to reflect.

At least that’s what I tell myself.

Actually, what I think happens is that we often do decide quickly, but as human beings with ingrained self-doubts, and as lawyers trained to see both sides, we go back and forth challenging our decisions in an effort to justify them. We’ll go through the motions of trying to find fault, but usually, we’ve already made up our minds.

I don’t think we can’t change the way this works. We can, however, eliminate much of the anxiety and time wasting that occurs by re-thinking and second-guessing our decisions.

One way to do that is with a “don’t do” list.

If you’re married or otherwise monogomous, there are certain things you don’t do. You don’t go to single’s bars for example. In fact, you don’t spend any time thinking about single’s bars. It’s on your mental “don’t do” list. Why not create a similar list for other areas of your life?

For example, as you read this blog, you are presented with many ideas for marketing your legal services. Some ideas you like. Other ideas you have considered and rejected. They’re not for you. And yet you continue thinking about some of those ideas. Even though you have rejected them, you continue reading about them, you download apps, and you talk to other lawyers to see what they think.

I suggest you make a decision and be done with it. Put it on a “don’t do” list.

Open a text file or an Evernote note and start recording a list of things you’re not going to do. Once something is on the list, don’t read about it, don’t think about it, and by all means, don’t worry about it. You considered it and made your decision. Move on.

Your list might include advertising, for example. Your practice area might be one where many attorneys advertise and you’ve thought about it. Make a decision–will you or won’t you?

Maybe “advertising” is too broad. It might be something you can see yourself doing at some point. No problem. It doesn’t go on your list. But perhaps you’ve decided that yellow pages advertising is something you aren’t going to do (or no longer do) and you can put that on your don’t do list.

Maybe you don’t like social media and have decided you’re not going to have anything to do with it. Fine. Think of all the time you’ll save by not reading about it, exploring the different platforms, or actually engaging in it. You should feel good about your decision.

You see an article about lawyers getting clients through Pinterest. Tempting, eh? But you’ve already explored it and put it on your don’t do list. Not for you. So you don’t read the article or ponder the issue (“maybe there’s a new angle to this. . .”). Next subject. . .

On the other hand, social media marketing can produce a lot of business and just because you don’t have time for it right now or you don’t want to do it right now, you might not want to write it off completely. Don’t put it on your list. But if you’re camera shy and you know you don’t want to make youtube videos, put that on your list.

This doesn’t mean you never re-consider your decisions. I do many things today I never saw myself doing a few years ago. People change, technology changes, circumstances change. So, periodically, perhaps every six months or once a year, re-visit your don’t do list and see if there’s anything you want to remove.

Every day we are confronted with issues that require a decision. The less time we spend deciding, and the less time we spend re-considering our decisions, the more time we will have to do the things we’ve decided we want to do. A don’t do list can help.

So, what’s on your “don’t do” list? I know, I know, you want more time to think about it.

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Going from huh? to duh! The four stages of learning how to market legal services

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When I opened my first law office, I had no idea how I was going to get clients. Had I known how tough it was going to be, I may have given up before I began.

But I was motivated by the need for independence and the stubborness of youth and I found myself with an office, a typewriter, and no work.

What to do. . .?

I had read a lot about mail order and direct marketing in my youth, but I didn’t know anything about marketing legal services. I didn’t think I could use mail order to bring in clients (although I think that now) and so I took out some ads (to other lawyers) and that did bring in some work. Not the best work–overflow and some appearances, mainly. It helped pay the rent.

I knew there had to be something else I could do. Other lawyers brought in clients, why couldn’t I?

Experts in learning would say I was a “conscious incompetent”–I knew that marketing could bring in clients and I also knew that I was clueless about how to do it.

Years later, I learned that there are four stages to learning:

  1. Unconscious incompetent: You don’t know what you don’t know. Think of the young child in the car seat with one of his parents behind the wheel. The child doesn’t know what “driving” is, let alone how to do it.
  2. Conscious incompetent: You know what you don’t know. The child is aware that his parent is doing something to make the car go but he does not know what or how.
  3. Conscious competent: You are able to do it with focus and mental effort. You are aware that you are doing it. After drivers’ training and some practice, the child is able to drive, but he has to think about what he is doing.
  4. Unconscious competent: You can do it effortlessly, without thinking about it. Eventually, like the rest of us, the child is able to drive on autopilot.

As a “conscious incompetent” in marketing legal services, I made the decision to start learning. I read every book I could find on the subject. I studied ads and brochures and seminar sales letters. I talked to other lawyers and asked them what they were doing.  And I tried lots of different things. Eventually, I had some success.

But I wasn’t good at everything. Some things came easily to me. Writing, for one. And speaking. But other skills I am not as good at. I know how to network, for example, and I’ve certainly done enough of it, but it’s not my favorite thing to do. As a result, I have to think about what I’m doing while I’m doing it. (“Jeez, why on earth did I say that. . .!?”) With networking, I am a conscious competent.

Knowing these four stages of learning has helped me to appreciate my strengths and weaknesses. Whatever you’re trying to learn or improve, it helps to know where you are and what you need to do to get to the next level:

  1. Unconscious incompetent: Read, listen, observe, ask questions. Find out what you don’t know. You’ll discover things you’ve never heard of before, (especially in the social media arena–and let’s use that as an example) and you will become aware of what you don’t know.
  2. Conscious incompetent: Now that you know, you need to do more reading, listening, observing, and asking even more questions. You need guidance and support from others. And you need to try it. Open an account, set up a profile, play around with it. Practice and you will get better.
  3. Conscious competent: So you know what to do. You’re posting regularly, networking online, integrating your web site, and downloading the newest apps. You know what you’re doing but it’s still something you have to think about and remind yourself to do. You need to continue doing what you’re doing (more practice) and you need to get feedback and advice from others.
  4. Unconscious competent: You have mastered it. You tweet and post and link like a pro and you can do it in your sleep. The risk here is that you will get bored and stop learning and stop growing, so make sure you stay up with all the new tech and trends and continue to challenge yourself. Even better, help others learn because the teacher always learns more than the student.

If you find yourself stuck in stage two or three and you never get to stage four no matter how much effort you put in, the odds are this is not a natural strength. You might want to get someone to do it for you so you can go do something else.

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“Who the hell are you and why are you contacting me?”

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Begin rant. . .

I got this voice mail message the other day: “Hi David, this is Joe Blow. Please give me a call at [telephone number]. . .”.

He didn’t say who he was (other than his name, which I did not recognize) or why he was calling. He didn’t give me any reason to call him back.

Guess who I didn’t call back?

I shouldn’t have to tell anyone this but it happens often enough so I guess I do: when you leave a message, tell people who you are and why you are calling.

Are you a client? A colleague? A fan? Do you want to hire me? Is there an issue I need to look into? Do you have something to propose?

When you leave a voice message, give them a good reason to call you back.

And. . .

State your name clearly. Spell it (unless it’s very common). Say your number slowly so they can write it down. Repeat the number so they don’t have to listen to the message again. Give them your time zone and the best time(s) to reach you. Say please and thank you.

Common courtesy and common sense.

And. . .

The same goes for email.

Tell people who you are and why you’re writing. What do you want them to know or do? Give them a web site so they can find out more. Use correct grammar and spelling. Format your email so it doesn’t look like a DECLARATION OF WAR! And get to the friggin point!

When you contact someone for the first time, you’re making that proverbial first impression. The only thing they have to go on is that email or voice mail message. Make it professional. Show them you care. Because if you don’t care, why should they?

Rant over. . .

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How to get better at anything

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Writing, oral argument, marketing, parenting–whatever it is that you want to get better at, you’ve got to DO it.

You can read about it until you’re blue in the face, you can attend seminars, and you can hang out with experts and watch what they do, but at the end of the day, you have to get out there and do the thing yourself.

You’ll make mistakes. That’s how you learn. At one point in your life, you didn’t know how to walk. Now you can. You learned by trying and falling, again and again and again.

There are no shortcuts. The only way to develop a skill is to do what you’re not good at until you get better.

This means getting out of your comfort zone, risking embarrassment, frustration and failure.

But, you can also get some help.

Whatever is it you want to improve, you can find someone who is better than you and ask them to mentor you. One of the best things about having a mentor is that they allow you to fail in a relatively safe environment. Yes, you risk criticism but it’s not public.

You can formerly hire a coach or consultant or you can find someone who is willing to give you a few minutes here and there to critique you and give you advice.

Find someone who is good at what you want to do. Ask them if they would be willing to mentor you. Make it easy for them to say yes by letting them know you’ll respect their time. You can learn a lot from an expert, even if you only talk to them for ten minutes once a month.

And if you’re good at something, be a mentor. Share your skills and experience with others. Pay it forward.

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