Do you make these mistakes in marketing your law practice?

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There are two mistakes you can make in marketing your law practice and unfortunately, most attorneys are guilty of both.

What are the two mistakes?

  1. Not having a marketing plan, and
  2. Not executing that plan.

As a result, most attorneys don’t do any marketing, at least not with any consistency. Let’s face it, if you don’t have a plan–a list of projects and tasks and a schedule for completing them–any marketing activities you do will be sporadic and isolated. You’ll never generate momentum or sustained growth.

Having a cool web site (or any web site)  may be good for your ego but if you don’t have any traffic to it, that’s all it will be. Traffic doesn’t happen by itself. You need a plan and you need some activity or that traffic will never materialize.

Don’t get down on yourself. The problem isn’t you. It’s not a lack of self-discipline, poor organization, or bad habits. You aren’t lazy and you don’t need to get motivated. What you need is a better plan.

You need a plan that is

  1. Simple (so you can do it), and
  2. A good fit (so you want to do it).

If you want to do something and you believe you can do it, you will do it. You won’t have to force yourself to do things you don’t want to do, you’ll do it because you enjoy it.

In his remarks to the 2005 Stanford graduating class, Steve Jobs said, “Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.” A friend of mine puts it this way: “When you love what you do and do you what you love you’ll never work another day in your life.”

If you don’t enjoy being a lawyer, common sense says to either change careers or find some aspect of practicing law you do enjoy. That might mean a different practice area, different clients, or a job with a different firm. If you don’t, you’ll never be happy and you’ll never do “great work.” The same can be said for marketing.

The good news is that there are lots of ways to market legal services and you only need one or two. You don’t have to be good at networking AND writing AND seminars AND getting web traffic AND social media AND referrals. Pick something that sounds good to you or feels right. For once in your career, put logic aside and listen to your gut.

Maybe nothing feels right or maybe you don’t know enough yet about the different options. That’s okay. Make no decisions, take a step back and simply learn. Read, observe, see what others are doing. Soak it all in and eventually, you’ll find something that’s a good fit.

And then, you need a plan. We’ll talk about that tomorrow.

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Steve Jobs’ prescription for success and happiness–in his own words

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In 2005, Steve Jobs addressed the graduating class at Stanford University. I’d never heard his remarks before today, but I’m glad I took 15 minutes this morning to watch this video. Jobs tells three stories, taken from his life experience, to communicate a simple but powerful message. It is one of the most insightful and motivating speeches I’ve ever heard. In light of his recent resignation, ostensibly for health reasons, it is also one of the most moving.

I hope you enjoy this as much as I did.

Here is a transcript of his remarks.

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Steve Jobs’ resignation: what it means for your law practice

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Steve Jobs’ abrupt resignation yesterday had social media buzzing about the news and what it means for Apple (which saw its stock immediately drop, and then rebound) and for the tech world. Every news channel and blog had something to say and the tweets and wall posts abounded.

But what does his resignation mean for attorneys? How will this affect your law practice?

Well, unless you work for Apple or one of their affiliates, it won’t affect your practice at all.

So. . . why the tease? Was my headline a gimmick to get more clicks?

Well, yes and no.

It’s true that I don’t have anything to say about how this news story will actually affect your practice, and while that smacks of gimmickry, there is a lesson in this.

The headline that brought you here illustrates an important marketing technique: tying your message–blog post, tweet, post, email–to something already on the minds of your readers or followers. According to a new Kindle ebook by Dan Zarrella, about the science and metrics behind social media, this is called “priming”. Zarrella says,

“If a subject is exposed to something related to your idea before he actually encounters your idea, he’ll be more sensitive to it, and this makes it easier to catch his attention. . . .

“The easiest way to make priming work for your idea is to create timely content. If there is a topic or news story currently making the rounds in your target audience, relate your idea to that topic, and the zeitgeist will do the priming for you.”

And so, primed as you were by the news of Jobs’ resignation, you were more inclined to click through to read this story. Yes, I cheated a bit with my headline and yes, it would have been better if I had something to say about how the resignation affected the legal profession, but then this would have been a very different blog post.

Zarrella’s book is brief, not at all dry, and has some great insights and data, such as the most and least re-tweetable words and the best times and days to tweet, blog, post to Facebbok, and send email. “In many cases, the most effective times to send are the less popular times. Because your messages have less clutter to compete with, they break through.”

Zarrella also says that people share on social media not for altruistic reasons but because the information they share reinforces their reputation. People prefer to share breaking news, for example, because it is scarce, rather than humor or opinion which is all too common.

Some might say that putting news in your headlines to piggyback on what’s already on the minds of your readers isn’t a new idea, and they would be right. I’m sure this post, with the headline, “Man Accidentally Impregnates Goat,” is getting lots of traffic. Like my post, the lesson is in the headline, not the story. (Be sure to download the free ebook he mentions, “How to Write Headlines That go Viral with Social Media”.)

So, not a new concept. What’s new is that now, social media metrics let us quantify what we always suspected, while leading us to discover ideas that never crossed our minds.

Zarrella’s book is also free, through August 27.

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The two reasons attorneys don’t get more referrals

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If you’re not getting as many referrals as you want, there are only two reasons. Either you don’t deserve them or you don’t ask for them.

Lawyers who get referrals are competent, of course, but competency doesn’t make you referral-worthy; you need more. To deserve referrals, you must also

  • Deliver good value,
  • Excel at “customer service”,
  • Give more than is expected, or asked,
  • Show gratitude, and
  • Be likable

Lawyers who do and are these things have clients who are not only willing to refer, they go out of their way to do so. When you give people more than they expect, the “law of reciprocity” compels them to give back. When you deserve referrals, the world responds by delivering them.

If you deserve referrals, you can get more by asking. The best time to do that is at the end of a case or engagement, when you are delivering the check or the final papers, when the client is feeling good about the outcome. But asking is not limited to opening your mouth and “asking”. There are many ways to ask for referrals:

  • You can ask in your newsletter, on your web site, or with a sign in your waiting room
  • You can tell stories that mention clients who were referred to you and how much you appreciate the client who referred them
  • You can ask clients to “Like” your page or forward your email to their friends
  • You can have your employees call and ask for you

Attorneys who ask for referrals get more referrals. But only if they deserve them.

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Seven steps to better delegating for overworked attorneys

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Attorneys, especially sole practitioners, are often poor at delegating. “Nobody can do it as well as I can,” they say, and that’s not ego talking, it’s usually true.

There is risk in giving a task to someone who might not do it as well as you or might not get it done on time, but delegating is essential to the growth of a law practice. Delegating gives you leverage and leverage helps you to earn more and work less.

To get better results when you delegate, follow these seven steps:

  1. Give specific instructions. Describe what you want done in sufficient detail, in writing if possible. If instructions are given orally, ask them to be repeated back to you. Tell them to ask questions if they don’t understand.
  2. Give objectives, not procedures. Tell them what you want done, not how. If you’ve chosen the right person for the job, trust them to get the job done. Guide them, don’t micro-manage them.
  3. Tell them why. They’ll do a better job when they are invested in the outcome instead of just carrying out orders so explain why the task is important. And, if you give them more than one task at a time, tell them the relative importance of each.
  4. Give a due date (and time). Due dates help them to know what is expected and allow them to prioritize their work flow.
  5. Equip and empower them. Make sure they have what they need to get the job done–tools, a budget, assistance–and the authority to decide what to do. Don’t make them come back to you with every little decision.
  6. Offer incentives. If you have an especially valuable project, you might want to offer something for getting it done early or with a better outcome. A day off, dinner for two for them and their spouse, a cash bonus, all work well.
  7. Give praise. When they do a good job, thank them (even though they were doing their job) and praise them. Let them know you are pleased and they’ll want to do a good job for you next time.
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The Zen of Attorney Marketing: Quietly Building a Successful Law Practice

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What if you could build a successful law practice quietly–without shouting your message but by letting your message be heard, without trying to find clients but by letting clients find you?

In my father’s day, attorneys didn’t do any marketing. Oh, they did a little networking or public speaking or they wrote the occasional article, but they did these things because they naturally flowed from what they were doing in their practice. They didn’t attend a bar meeting because they were “marketing”; they went because they enjoyed being there, catching up with their friends, and learning some things they could use in their practice.

It’s different today. Not because there is more competition, higher overhead, or a faster paced world. Yes, the world is much more complex than it was fifty years ago when my father started practicing, or thirty years ago when I did, or even fifteen years ago, before everyone had broad band and smart phones. But our world is not different so much because of those things but because we make it so.

We run and push and struggle because we’ve bought into the notion that to be successful, we have to shout louder, promote harder, and spend bigger. We advertise or jump on board the latest social media concept, not because it feels natural, not for the joy of doing it, but because we fear being left behind.

Is the effort worth it? We might bring in more clients but are we any happier? Too often, the answer is “no”.

How do we get back to the way it used to be when a lawyer’s practice grew naturally? By getting out of your own way and letting things happen, instead of constantly trying to make them happen.

It starts with letting go of assumptions that don’t serve us and realizing that marketing can not only be organic, for sustained success and true contentment, it must be. Marketing can never be something you loathe or feel like you “have to do.” It cannot be something you do, it must be an expression of who you are.

Leo Babauta, who writes the Zen Habits blog, reminds us that sustained success and contentment don’t come from following the herd or from doing things you resist doing but feel you must, they come from delivering value, something my father didn’t need to read, he just did.

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What if you really could learn how to practice law in law school?

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Two law professors have come up with an admittedly radical proposal, designed to help law students learn real world lawyering skills before they graduate: law schools that operate their own law firm.

The idea is akin to what doctors do by working in teaching hospitals. You get hands-on experience working on real cases for real clients, under the supervision of real attorneys. What’s radical about that?

Clearly, law students need the experience of working with real clients, and maybe I’m missing something, but how is this idea better than working as a law clerk while you’re in school? Instead, why not simply mandate so many hours of clerking experience during law school, and possibly after, as a condition precedent to issuing a license?

Everyone knows that law schools do a poor job of preparing graduates for the actual practice of law. I’m willing to hear more about the law school firm idea but right now, I say let law schools teach theory and law firms teach practice.

A comment to the ABA Journal’s post about this story sums it up best: “For 70 years, law schools have “trained” lawyers how to be not ready-for-prime-time. What makes you think THEY know how to practice law. More ivory tower fantasy.”

What do you think? Is this a good idea?

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What the iPhone app store can teach you about marketing legal services

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I was scrolling through the “Top 25 list” in the app store on my iPhone and noticed that the top grossing apps (mostly games) are either free or .99.

How can something that’s free or almost free be top grossing? The answer is simple: Upgrades, add ons, and back-end purchases. These companies sell “other stuff” via “in app purchases”–additional tools, levels, or other capabilities–and enough people buy on the back end that they can afford to give away their product on the front end.

It’s the “freemium” business model and while the term is relatively new, the concept is as old as marketing itself. “Sampling,” as it is traditionally referred to, is a proven way to sell everything from toothpaste (coupons and trial size) to automobiles (free test drives) to Tempura chicken in the food court (a sample on a toothpick).

Even attorneys use it (free consultations).

The idea is simple: give people a taste and they’ll want the whole meal. The free sample allows the consumer to overcome doubt and indecision, to experience the product or service on a small scale, with no cost or obligation, before making the decision to buy. The more you give away, the more you sell.

How can you apply this to marketing your services?

If you’re not now offering free consultations, I suggest you consider doing so. Many attorneys resist this, claiming their time is too valuable, they don’t want to give away their expertise because that’s all they have to sell, and while these may be brilliant attorneys. . .

they’re not very good at math.

If you invest an hour of your time in a free consultation and get a $10,000 paying client as a result, I don’t know, that seems like a pretty good trade off to me. I know you say there are only so many hours in a day and you can’t equate giving away a game app with giving away legal services, but actually, you can.

It doesn’t matter whether you’re a six-year old with a lemonade stand or a partner in a 1,000 lawyer firm, the formula is the same:

  1. How much did you spend to get the business, and
  2. How much did you generate in revenue?

The difference, minus fixed costs, is profit.

And, since legal services are generally high ticket and high margin, attorneys are actually better suited to using sampling in their marketing. We can afford to spend more to acquire a new client since we earn so much more.

So, let’s take things a bit further. If free consultations work, how about free services? Could you offer a free or highly discounted service on the front end, knowing you will more than make up the difference on the back end?

Yes you can.

Which brings me back to the app store.

Recently, I’ve noticed a spate of new apps by lawyers, mostly personal injury firms. They explain what to do in case of an accident and provide a place to record information, take photos, etc., and they are free. The lesson isn’t that iPhone apps are a viable way to bring in clients, although they may well be, it’s that if you can’t or won’t give away a sample of your services, give away information.

Free information in any form–reports, tip sheets, checklists, booklets, audios, and iPhone apps–can do much of what a free consultation or free service can do–give prospective clients a taste of what you can do for them.

If you want more clients, give samples.

Update: After posting this, I saw this article discussing app pricing strategies, in case you’re thinking in that direction. Interesting reading even if you’re not.

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What is Google+ (Google Plus) and do I need it?

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This is another extremely well done video that instructs while it entertains. I am not an early adopter for most new ideas, especially in the social media world, but I think I need to spend some time getting my “Plus” on.

[mc src=”http://www.youtube.com/watch?feature=player_embedded&v=hC_M6PzXS9g” type=”youtube”]What is Google Plus and do I need it?[/mc]

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