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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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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What are you focused on right now?

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We all have problems. Some people dwell on their problems, some focus on solutions. Guess what? We get what we focus on.

Focus on the mess you’re in and you get more mess. Focus on what you can do, how you want things to turn out, and you can work your way out of that mess.

I have a mantra, something I say to myself every day. It keeps me focused on solutions, not problems. It helps me move forward with a positive expectancy, instead of being held back by concerns and regret. I don’t know about you, but I don’t do my best work when I’m worried about something. I’m at my best when I’m hopeful and excited and looking forward to a positive outcome.

What do I say to myself? I remind myself to, “Think about what you want, not what you don’t want.”

When I do this, I feel better about the situation. Instead of worrying and shutting down, I stimulate my creativity and attract the resources, people, and ideas I need. Thinking about what I want brings me closer to getting it.

Why does this work? I’m not sure. Some say it’s the “Law of Attraction” or quantum physics doing it’s thing. Others say it’s your subconscious mind which understands your thoughts as a command which it then executes. Some say it’s the hand of God.

Whatever the reason, it does work. Try it and see for yourself.

When you think about what you want, you feel better, more in control, more creative. Your mind comes up with ideas instead of being mired in negative emotion. You are inspired to take action, guided to the next step and the step after that.

Because we get what we focus on.

I do have a caveat. Sometimes, when you think about what you want you’re really thinking about the absence of what you want–why you don’t have it, why things went wrong, why you’re not able to find a solution. All that does is attract more negative outcomes. When you focus on “not having” you get more “not having”.

I know, crazy, right?

How can you tell you’re doing it right? If you think about what you want and that thought doesn’t feel better than your previous thought, you know you are focused on “not having”. If the thought feels better, if there’s an emotional uptick, however small, it means you’re moving in the right direction.

Think about something you want but don’t have. How does it feel? If you feel frustrated or angry or disappointed, change the thought to something that feels a little bit better. From there, you can reach for an even better feeling thought.

The better you feel, the closer you are to getting what you want. When you feel excited and joyous and positive about what you want, what you want is just around the corner.

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The key to failure in marketing legal services

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Bill Cosby was once asked if he would share the key to his success. He famously said, “I don’t know the key to success, but the key to failure is trying to please everybody.”

And yet that’s exactly what most people do.

They take middle of the road positions on issues because they don’t want to offend anybody. They write articles or blog posts directed to everyone, instead of addressing the specifics of their niche market. Or they don’t target a niche market at all because they don’t want to exclude any potential business.

Because this is what most people do, most people get mediocre results. Successful people don’t try to please everyone. In fact, they may do their best to antagonize a large segment of the population.

Name a successful political pundit on the right. How about Rush Limbaugh? Now, how about on the left? Let’s go with Chris Matthews. What do they have in common, besides being financially successful?

Both have millions of fans and. . . both have millions who hate them.

Instead of being on the right and the left, suppose they were centrists. Do you think they would be as successful?

The savviest politicians and political commentators know, the better you are at turning OFF those who aren’t your audience, the better you’ll be at turning ON those who are.

And it’s the same in marketing.

It’s all about passion. If you have it, and if you can get people fired up about something, either for OR against, you’ll be more likely to stand out from the crowd. Yes, there will people who are turned off by what you say or do, but guess what? They probably weren’t going to hire you anyway.

I’d much rather have a list of 100 people who love what I do and tell everyone about me, than 10,000 people who might not remember subscribing to my list. Those 100 fans will bring others who will do the same.

Don’t try to please everyone. Dr. Huxtable says it’s a prescription for failure.

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Why attorneys need to drink more booze

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My wife once told me I needed to drink more alcohol. She said I was too uptight and needed to loosen up.

She wasn’t serious (about the alcohol part) but I had to admit she had a point. Attorneys can be pretty serious folks at times.

You and I know a lot of attorneys. As a group, what are they like? Most of the ones I know are intelligent, hard working, responsible, and professional. They have families and hobbies and a life outside of the office. They are successful and well-rounded.

At the same time, most of the attorneys I know are very analytical and a bit uptight.

Like me.

No matter what kind of law we practice, we are all in the people business. People hire (and employ) lawyers they like and if you’re not likable, you’re making things harder on yourself.

So, if you’re a stick in the mud, or have a stick where the sun doesn’t shine, if people don’t “get” you, if you are completely unable to win friends and influence people, you might want to work on that.

I use humor to overcome my natural tendencies. I like to make people laugh. It’s a great ice breaker and helps when I’m speaking to a group.

If you need to loosen up, consider doing something different:

  • Acting classes
  • Public speaking classes
  • Stand up comedy
  • Music/art
  • Exercise
  • Sky diving/race car driving/fire walking
  • Personal development courses
  • Therapy

If you want more people to like you, you don’t have to become the life of the party. You do need to have that stick removed.

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The problem with free consultations (and my offer to you)

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People prefer to hire lawyers they know, like, and trust. One of the best ways to get prospects to know, like, and trust you is to give them a sample of what you do.

To some extent, that’s what you do when you provide free information. Blog posts, reports, articles, seminars, and so on, give prospective clients an insight into what you have done for others, suggesting that you can do the same for them. They can see you know what you’re doing and get a sense for what it would be like to work with you. Through your words, they come to know, like, and trust you, bringing them one step closer to hiring you.

And yet, of all the people who read or listen to your information, only a small percentage actually take it upon themselves to call and book an appointment. There’s too big of a gap between “reader” and “client”. One way to bridge that gap is by offering a free consultation.

Free consultations allow you to initiate a personal relationship with a prospect and provide them with “customized” information. It’s one thing to provide generic information in your practice area, quite another to interpret that information in the context of a prospect’s particular problem. Prospects who read your information may like what you say and the stories you share but this will never take the place of actually speaking with you.

Done right, free consultations can bring in a lot of business. The problem with free consultations, especially in practice areas where they are common, is that they are usually not done right.

“Free” is one of the most powerful words in the dictionary, but just because something is free doesn’t mean anyone will want it. Many prospects today, seeing that most attorneys in your field offer free consultations, don’t see the value in yours. In fact, many prospects see no value in a consultation, believing it is just an excuse to get them into your office so you can do a sales pitch for your services. Unfortunately, for many attorneys, that’s exactly what it is.

One solution is to include a detailed description of everything the prospect gets as part of the free consultation. Tell them what they will learn, what you will explain, what you will do for them, and what you will give them (e.g., reports, checklists, case evaluation, issue summary, etc.).

Also tell them how they will benefit. Yes, you evaluate their situation and explain their options, but so what? What does that mean to them? It means they will be able to make better decisions about what to do, making it more likely that they will resolve their problem or achieve their objective. It means they will save time or money. It means they will be one step closer to eliminating their anxiety and worry and sleepless nights.

In other words, you can’t simply say the magic words “free consultation” and expect people to come running. You have to “sell” it.

Let me give you an example with my own services.

Starting today, until further notice, I’m offering free consultations for my consulting and coaching services. These will be on a first come, first served basis since I can only do so many of these and I expect to get a lot of response.

During our consultation we’ll talk about where you are and where you would like to be in your career. I’ll ask questions and I will give you my advice. I won’t mince words. I’ll tell you straight out what I think you should do. As a result, you’ll know exactly what to do to bring in more clients, increase your income, or otherwise improve your current situation.

In addition, you’ll be able to ask me questions. You can ask about marketing, cash flow, productivity, goals, or anything else that’s on your mind.

As you know, I’m not somebody who simply read a few marketing books and set up a web site. I practiced law for more than twenty years and learned (the hard way) what it takes to bring in good, paying clients. I know what works and what doesn’t, what works quickly and what doesn’t, because I’ve tried it all. I’ve been in your shoes. I know what it’s like to struggle to make rent. I know what it’s like to question whether you made the right choice of career or specialty or market. I also know what it’s like when the business is coming in faster than you can handle.

I have seventeen years experience consulting with attorneys and helping them to get more clients and increase their income. But then if you’re a regular reader of this blog, you know most of this. That’s why you read it.

These consultations are free and there is no obligation to you whatsoever. Sure, I hope that after the consultation you will want to hire me or buy something from me, but that’s not important. What’s important is that I give you so much value during our consultation, so many ideas for taking your practice to a much higher level, that you can’t wait to get started. I know that if I deliver that to you, we’ll do business some day.

Because I expect to get a lot of response to this offer, I must limit these consultations to 15 minutes. Therefore, after we schedule your consultation, please email me as much information as possible about your current situation. Tell me your problems, obstacles, questions and objectives, so that when we talk, we can get right to the solutions.

Fair enough?

If you’re interested in setting up a consultation, please email info[at]attorneymarketing.com and put “consultation 15” in the subject. Give me three dates and times when you will be available for 15 minutes and the best telephone number to reach you. (I’m in California, so mind the time zone.) I’ll email back and we’ll confirm the date and time.

I look forward to helping you make 2012 your best year ever.

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How to create a more successful law practice

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I read another thoughtful post by Leo Babauta on the Zen Habits blog about the subject of practice. No, he wasn’t writing about a law practice, but I thought his message of “practicing” to effect improvement applied as much to a law practice as to anything else. Plus, I like the play on words.

We are what we repeatedly do. We are the sum of our habits. If we want to change who we are, we have to change what we do.

Change begins with awareness. If you didn’t say “thank you” to the new client who just hired you (you’d be surprised at how many attorneys don’t), reading this sentence made you aware that you didn’t and also aware of how important it is. (Your mother will tell you, it’s one of the most important things you can do.) If you usually say thank you, but for some reason didn’t do it last time, there is room for improvement. The standard of excellence isn’t saying thank you most of the time, but every time.

Now that you are aware, make a decision to change. Then, practice your new habit. With something as simple as saying thank you, you might only need to be reminded. Write it down on your intake sheet, use a post it note, put it on your calendar, whatever you need to do to remember to always say thank you.

Also be aware of what happens when you get it right. Watch your new client’s face as you look him in the eye, shake his hand, and sincerely tell him how much you appreciate having him as a client. Tell him you’ll take good care of him. Let the handshake linger a few seconds longer. Give him your full attention. Say thank you, and mean it. You’ll see some of the tension leave his face as he comes to realize that you really do care.

Your law practice is a collection of habits. What you (and your staff) regularly do and how well you do it defines you, distinguishes you from other lawyers, and plays a big role in determining your success. There are big habits and many small ones and they all matter.

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A habit that will make you rich (hint: it’s all in your mind)

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One of the “Eight Secrets to Getting More Done in 2012,” in this Forbes magazine article struck a nerve with me because it is something I have struggled with. If you have ever been accused of being “overly analytical,” “a perfectionist,” a “procrastinator,” or just somebody who has trouble making up their mind, we’re bred from the same stock.

Yes, being an attorney means being careful, not jumping to conclusions, and not making rash decisions. We carefully weigh the options and we go out of our way to avoid risk. It goes with the job description.

It’s also why attorneys usually make poor business people. Entrepreneurs see a vision of success and act on it; lawyers see what could wrong and either say no or mull it over so long the opportunity passes them by.

But according to Napoleon Hill, author of Think and Grow Rich, the ability to make quick decisions is the hallmark of rich people:

Analysis of several hundred people who had accumulated fortunes well beyond the million dollar mark, disclosed the fact that every one of them had the habit of reaching decisions promptly, and changing these decisions slowly, if and when they were changed at all. People who fail to accumulate money, without exception, have the habit of reaching decisions, if at all, very slowly, and of changing these decisions quickly and often.

Marty Zwilling, founder and CEO of Startup Professionals understands this. It was his contribution to the Forbes article that caught my eye:

My key to productivity is simply “make a decision.” Even a bad decision is recoverable, and better than no decision, since it gets the issue off your plate and moving. Making no decision bottlenecks your work, and causes things to happen to you, rather than by you.

But if the ability to make decisions quickly is a habit of the rich and attorneys are prone to doing the opposite, why are there so many rich attorneys?

Two reasons, I think. First, we’re around a lot of successful people and get in front of a lot of good opportunities. The odds are in our favor that we will be “in the right place at the right time”. Second, attorneys are intelligent people and tend to make “good decisions,” albeit not quickly. If we could combine the two and make “good decisions quickly,” I think there would be many more rich lawyers.

Fortunately, making decisions quickly is a habit and habits can be developed. You do it once, the world doesn’t end, you do it again.

Wash, rinse, repeat.

Start with little decisions, “which movie to see,” or “which topic to write about today.” Give yourself five minutes to decide. Use a timer. Use a screen saver message or post-it to remind you to “Decide Now!” And do it every day.

If you mindfully make quick decisions every day, making quick decisions will soon become a habit. Eventually, you’ll be able to make quick decisions about important matters and that’s when you will see more significant results.

But don’t forget the other side of the equation. Once you’ve decided, you must stick with your decision. Practice not changing your mind. Yes, you’ll make mistakes, but as Zwilling says, “even a bad decision is recoverable”. Isn’t that why God invented E and O coverage?

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My Wish for You in 2012: A Plan for Building Your Law Practice

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business development plan for attorney lawyerAre you hoping things will get better in 2012? A lot of people are, but unfortunately, “hope is not a strategy“.

If you want things to get better, you need to make them better. But how?

Don’t start with technique, start with strategy–a plan. What do you want to happen, and why? What will do you do to make it happen? Is this really something you want to do?

Too often, people grab hold of a technique they hear about and run with it. They spend time and money doing the requisite activities, without considering why they are doing it. They install an expensive motor on their row boat hoping it will get them to their destination faster, but they never look at a map.

Techniques are important. Using the right tools for the job, execution, timing–can make a big difference in your results. But without the right strategy, the latest techniques won’t help you to get where you want to go.

What are you good at and enjoy? Writing? Speaking? Networking? Technology? Make it the core of your business building strategy.

Your strategy doesn’t have to be elaborate. In fact, the simpler it is the better. But simple is not synonymous with small. Your plan should inspire you to accomplish big things. After all, the goal isn’t merely to survive, it is to thrive, and you cannot do that by dabbling.

I’ve seen great practices built by using only one or two techniques. Once you know where you want to go and you have a plan to get there, you don’t need dozens of techniques.

Without the right strategy, no technique is good enough, no matter how much it costs or how hard you work at it. With the right strategy, almost any technique will do.

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Mark Zuckerberg’s advice for success in business

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mark-zuckerberg-on-charlie-roseMark Zuckerberg was interviewed recently by Charlie Rose. Mashable published twelve quotes from that interview.

I clicked through the quotes in the slide show and didn’t think much of them. Perhaps they lost something outside the context of the actual interview.

But then I came back to one of the quotes, one that at first blush, seemed not to say much at all. The quote I came back to was Zuckerberg speaking about business:

“I think a simple rule of business is, if you do the things that are easier first, then you can actually make a lot of progress.”

It seems simplistic, doesn’t it? “Start with the easy things.” But it is truly profound.

Many people who start a business project, myself included, tend to focus on the hardest parts first. My thinking has been, “I can always do the easy things, I need to conquer the toughest challenges first because if I can’t lick those, this project will never get off the ground.”

How about you? Do you start with the easy things or, like me, do you first jump into the deep end of the pool?

Perhaps we equate “easy” with “having less value,” but in the practical sense, that isn’t true. The things we can do without a lot of thought or effort are often of greater value because they allow us to get started and getting started is the most important part.

Most business projects never see completion because they never get started. They remain ideas, Someday/Maybes, wishes and dreams.

How many projects have you conceived in the shower or while out for a drive that never got past the idea stage? In the light of day, when you thought about those ideas, you saw how difficult they would be. “I can’t do that. I don’t have time to do that. I don’t have the money to do that. Maybe some day.”

Perhaps you did get started, but you started on the difficult things first and saw first hand the immensity of the challenge. Now you know you can’t do this. Maybe some day.

What if you did the easy things first? What would happen?

You would learn things you need to know. Meet people who can help you. Gain confidence. And momentum.

If Mark Zuckerberg had thought about Facebook as anything more than what it was when he started, a little dorm room project, he may never have started. It was easy for him in the beginning, and fun. The hard parts came later after he was committed.

The most important part of any project is getting started.

Start with easy.

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