The Fate of the Corner Store Is Coming to Small Firms – Soon

So what did happen to the corner store? The short answer is it became the 7-11, the Circle K – or it went out of business. Most did the latter.

The legal blogosphere is filled with speculation and news about the happenings of biglaw in the legal revolution – but about 63% of lawyers in private practice are in firms of 3 or less. So what’s the future for the little guy?

What if you could suddenly benefit from national advertising – a powerful website – group health and malpractice insurance, and a continuing feed of business that would alleviate your need for marketing?

Sound like joining a big firm? Well, yes – but no.

The legal revolution that has brought about “Alternative Business Structures” offering a range of services beyond legal, and “Non-Lawyer Ownership” of law firms in Australia and Britain are blossoming with creative examples of exactly this revolution. One is a British legal franchise called Quality Solicitors. There are currently over 200 British law firms – some top ones in smaller communities – under the brand.

In Britain, financing for such endeavors is coming from outside the profession. And while that’s not yet permitted in the U.S., it doesn’t have to be for the franchise model. A few wealthy attorneys could fund it. And my bet is that it’s already in the works.

But, you say, “no way – the franchise model has been tried, and hasn’t worked very well.” You’re right – but that’s the past. The world – and technology – has completely changed the game.

LegalZoom has created a no-lawyers model with thousands of fill-in-the-blanks-online forms. They didn’t even need lawyers – although they have since expanded, to capture the market at the next level, of those who really do want to talk to a lawyer. And of course, the web has become the first place a majority of consumers look when choosing a lawyer. So when they Google “lawyer” and see a website that talks candidly about cost, it has their attention. The Quality Solicitors website headline is “When it comes to bills, we don’t like surprises either.”

Then it uses “artificial intelligence” to help the client determine what type of services they need, then puts them in touch with the appropriate attorney in their area. And right there, for the world to see, are prices. Reasonable – and note at the right, with a “clear price” guarantee.

Politics isn’t the only place we’re seeing a consumer revolt. LegalZoom has proven that.

So what can you do to solidify your market position? What can you learn from Quality Solicitors?

First – like it or not, price rules for consumers and small business.
The savvy consumer knows the difference between a straightforward problem or issue and one with a host of “if’s, and’s and buts.” Larger corporations, not yet so much. But even that is changing. Savvy in-house legal counsel increasingly know how to take advantage of a highly competitive marketplace.

The fact is that hourly billing is a relatively new concept that began in earnest in the 1960’s. Before then, most everything was flat-rate priced. (if you want the full story of how that change came about, give me a call.)

So, you’re thinking I’m going to say “flat rate pricing,” but you’re wrong. The answer is actually a sophisticated version of that, called “unit pricing.” Your agreement – and heck, maybe even your advertising (a la Quality Solicitors) has specific “flat rate” prices for stages, or levels, of work, with an open end hourly rate if needed. For instance, in estate planning:

Simple will with components A, B, and C:              $750
Additional if D is needed:                                         $300
Additional if E, F & G are needed                            $900
If H is requested                                                      $1200

Likewise, in litigation, pricing might look like this:

Review of matter, development of strategy,
Filing of initial suit (includes up to five client meetings)                     $3,000 – $5,000
Additional meetings                                                                           $400
Deposition fee (travel billed separately), per deposition, per day     $1000
Trial preparation                                                                                $5,000 – $9,000
Trial, per attorney per day                                                                 $3,000 – $5,000

This is an admittedly simple model with numbers that may not fit for you. But the concept is important. Specific prices for specific, well defined (in writing) types or stages of work. The client should be able to see what they can expect to pay for each stage of the work, and so they can make better decisions based partly on the dollar consequences.

Yes, even when your work is carefully unit-priced, sometimes your time will be more than the fee involved. But you’ll prosper on the law of large numbers rather than on each matter. And after all, what better way to drive innovation and efficiency (which the legal profession has never, until recently, had to deal with) than having to analyze past work to identify better methods or better pricing?

The traditionalist objection to this “cost-based” decision tree for the client is “The client might stop me from doing something important because of cost! They’ll be telling me how to practice law!” Yep, and yep. My answer to that is to yell “IT’S ALWAYS THE CLIENT’S CASE, NOT YOURS!” and to remind the attorney of their first and foremost duty in the client relationship: advice and counsel. If the client decides not to take the advice (which should, needless to say, be documented in a letter or email), then it’s ultimately the client’s decision. How’s that really different than today’s real life?

Second: Make sure your website does its job for you.
What does that mean? First, it means acknowledging that it’s a web world. Even if most of your business is referrals, know that most of those prospects, after they were given your name, went to your website to check you out. So, no website? Really? Then you’re missing out on lots of clients who searched for you, couldn’t find you, and didn’t call. Crappy, creaky 1999 website? Ditto.

So. Give in to the reality that you should pay a design expert to create an impactful, compelling website that attracts viewers to become clients. Because it’s no longer your business card. It’s your front door. Need a referral? Call me.

And if all of your business is referrals, and most people find you on the web by typing in your name (your website statistics can tell you this), maybe that’s all you need.

If most of your business comes from strangers – walk-ins, in traditional terms (remember where your front door is), then make sure your website has all the bells and whistles that make Google light up and want to rank you highly in the listings. This is the first part of what the geeks call “website optimization,” and it’s a job for experts – which doesn’t mean your brother-in law the computer programmer, unless he has at least three recommendations from law firms. There’s a science to picking a web designer who can do both great design and great “organic” optimization. Happy to provide the details. Call me.

Next step – decide where you want to appear on the list when the consumer does a search for “family lawyer” or such. Several options here. You can pay Google to list you at the top of the page, in as many jurisdictions as you can afford.  You can pay a web magician to get you listed at the top of the next group of “unpaid” listings (an arcane and less than perfect art – again, do your due diligence). You can buy a “pay-per-click” ad in the far right column that you only pay for when someone clicks on it to go to your website.

All of this means that, finally, you have to have a marketing budget of reasonable size – 10-15% of your budgeted gross revenues at least. Some for your web works, and some for your other marketing. Many personal injury firms spend far more than this.

Third – do your own marketing.
That means advertising where necessary, and most importantly, personal marketing – building and maintaining relationships with your referral sources – in other words, paying attention to the Parieto Principle – the old 80-20 rule that says 80% of your business will come from 20% or your (you name it – efforts, contacts, expenditures).

The still-true fact is that the best business comes from referrals – other professionals (especially your fellow attorneys), former clients, and personal, social and business contacts. And that’s at all levels, right up to the top of the profession. CEO’s don’t Google “corporate lawyer.” They ask their fellow CEO’s or their CFO or accounting firm for a referral.

And referrals are, by far, the cheapest source of business. So, like it or not, you have to be extremely active with relationship-building. And particularly if you are in a smaller community, you have to be ubiquitous – a “leading citizen,” known and respected by all. Be seen, involved and active in as many places as possible. That in itself won’t make you rich, but turning all of that into a systematic, efficient and results-oriented personal marketing program will. If you need some pointers here, give me a call.

The final truth. . .
Consumer law is going away from the traditional practitioner to the LegalZooms, the RocketLawyers, the franchises, the do-it-yourself forms on the web. The lawyer’s hold on the lower levels of the legal system is slipping fast, as the web offers more and more choices and opportunities. Yes, those choices may not always be the best, but sometimes, the consumer only needs a Kia, not the Bentley we want to sell them. And remember that it’s always the consumer’s choice, not ours.

. . . And the larger solution
Move up the ladder, away from the simple to the more complex work, whether that be corporate or high net worth individuals or successful entrepreneurs, where needs are more complex and nuanced, where matters and their solutions are unique, and where long-term relationships – those “trusted advisor” relationships exist between client and attorney.

Or get ready to buy a franchise.

Do You Have a Pending Website Disaster? Here’s How to Avoid It

Just called up a colleague’s website to find it was trashed with error messages, the result of an unsuccessful attempt to switch IT providers.

Here are some of the most important lessons that I have learned from working with many clients in website development, updates and transitions:

1) If you plan to contract with a provider, first, get the name of the program it is to be developed with. Today, the safest – and most common – program websites are developed in WordPress. If your developer is not using it, move on to one who does. This is the vehicle that makes sure your website it’s completely portable, and your developer can’t hold you hostage.

Second, get a written development agreement that specifies total costs, maintenance costs, hourly rates for changes, and certifies that the website will be 100% portable, with a dollar-specific penalty clause if it proves to be otherwise. It should also specifiy that you own full rights to everything created.

2) Make sure that you own your own domain name. You’d be surprised how many un-techy people hand the whole thing over to a web developer and later discover they are trapped because the developer both owns the domain name and has created a non-portable website.

3) Schedule someone in the office to do a monthly test of every piece of the website, including menu bars, linked documents, contact forms (actually submit a contact form each time to make sure they show up in the appropriate in-box) and out-links.

5) Make a (marketing) schedule to add and manage content on at least a quarterly basis, if not more often. Static websites fall off the search engines; frequent changes keep its ranking up.

6) Think carefully if they’re trying to sell you a blog with the site. If your plan is to post legal stuff, don’t. Nobody but your competitors cares about the legal stuff. Your prospects and clients won’t read it. If your plan is to do articles with daily relevance to your target market – say, senior issues, community issues or business issues, good for you.

But think beyond content to commitment. Blogs are only good marketing when they are constantly fed – ideally weekly, at least every couple of weeks, and you work to build subscribers, or have a regular procedure to push out notifications to a larger list. And unless you are deeply committed, you will almost inevitably stop, or at least slow down, and it will become a burden.

And if you plan to hire a ghost-writer, check with your Bar counsel first. Some Bar associations require that such materials have to be written by the lawyer personally, and labelling someone else’s work as your own is an ethical violation.

Finally, if you’re really committed to a blog, don’t use the web developer’s blog. Most are restrictive and not blogger-friendly. Use a true WordPress blog, either directly at https://wordpress.com/website/ or through one of the facilitators like GoDaddy.com.

So. If the above cautions have you nervous – or if the whole idea of creating – or taking charge of – your website or starting a blog seems daunting, just shoot me an email at dustin@attorneysmasterclass.com or give me a call at 407-830-9810. always happy to share my thought and help however I can.

Here We Go Again – The Busy Trap is Stopping Lawyers From Riding the Wave

There is a rising economic wave – yet many lawyers’ practices are full. They’ve suddenly become too busy to grow their practices. I haven’t encountered this since before the crash. Lawyers who a year ago were out hunbig-waveting for business are now hiding out, trying to get their work done, and ignoring their marketing.

Smart lawyers who see the wave coming get out their surfboards. They start asking “how do I need to evolve this practice to take advantage of the rising market?” Dumb ones put on their life jackets and just try to stay afloat. Their mantra is “I’m too busy – I don’t have time to market!”

So, a blunt question: when is the best time to fish? When the pond is dry, or when it’s been re-stocked?

The firms that will survive and prosper are led by forward-thinking managing partners who monitor their attorneys’ workloads and proactively intervene to provide more support, more resources, and practical training on team management. They help attorneys evolve from worker-bee to a true legal CEO.

But the reaction of most firms is to hunker down. “We don’t need more help – it’s too expensive. The harder we work, the more profit we take home.” As a result they burn out their team, increase turnover of good team members, and miss the opportunity for spectacular growth.

Is your firm hunkering down in the face of a growing economy, or is it seeking to ride the wave?

If you’re in hunker down mode and want out, let’s talk. Call me at 407-830-9810.

A Cautionary Tale for the Small-Firm Lawyer In the Fall of Dewey

An astounding relevation in the article “Judgment Day” about the fall of Dewey LeBoeuf, in the February ABA Journal.

“…Many partners asked a lot of questions about the firm’s accounting in the years leading up to the firm’s demise. They did not always receive complete responses, and the pattern was that the partners would get busy on client matters and not follow through.”

As the X-ers say, OMG. Many of the smartest lawyers on the planet were too busy doing their work that they failed to get a clear picture of how the business was working.

The message for small-firm lawyers is simple. Never get too busy working that you aren’t making sure the business itself is healthy. What does that look like?

  • Tending diligently to your marketing. Making sure you have a strong business network and that new clients show up regularly, and that no client represents more than 25% or your revenues.
  • Managing the income stream: making sure all billable team members are billing at least 3 times their base salary or draw by recording hours diligently and pushing down non-billable work.
  • Making sure billings go out promptly with client-friendly explanations, then maintaining a close eye on receivables
  • Maintaining strong client relationships – not becoming so immersed in “the work” that you ignore the client who brought it.
  • Managing overhead. Reviewing financials (or having a professional do so regularly) to ferret out unnecessary expenses.
  • Being highly selective with client intake, and letting the bad clients and bad work that sneaked in go quickly.

I was recently called into a firm of 5 partners and eight associates to do an operations analysis to discover they had nearly $3.5 million in receivables on the books. Nothing short of catastrophic management from every side: managing new intake, managing billings, managing AR, and managing the attorneys who were (still) creating this mess.

Lawyers were taught the law, not the business, and that too often means they ignore the dull, dry business side they don’t feel comfortable with in favor of the legal side they know. And in doing so, they can kill their practices.

If you’re not willing to be the financial manager, pay a CPA to guide you. If you’re not willing to be the operations and team manager, hire a firm administrator to do so. 

Most small firm attorneys will say “I can’t afford that.” but they can afford to spend sometimes as much as half their time doing the non-billable work of managing the store – and doing it badly – while losing the opportunity to do more billable work and more marketing.

The logic here is counter-intuitive. Spend more money to hire the right people – and end up making far more than the expense, creating a more stable business – and living a less stressed, crazed professional life.

If you need advice on how to turn your ship more directly into the winds of growth, call me at 407-830-9810 or email me at dustin@attorneysmasterclass.com  Always happy to offer my thoughts. 

Read the complete article “Judgment Day” in the February ABA Journal HERE.

The Rising Schizophrenia In Our Profession

Much has been written recently about the increasing gap between the haves and the have-nots in this country. There’s clear evidence that, while the rich are getting richer, the middle-class is increasingly being squeezed, and a large percentage of them are heading for lower middle or even lower class financial status.

It’s the same in our profession. Some attorneys and firms are enjoying boom times, while an increasing percentage are struggling financially. (Read Susan Carter Liebel’s recent post 80% of Americans Can’t Afford Your Legal Fees”). For some the issue is how to cope with overwhelm – that is, how to increase capacity and efficiency, and take maximum advantage of boom times. For others, the issue is, literally, professional survival: how to attract sufficient business to stay afloat.

The solutions for both situations are radically different. But the root issue is the same: attorneys must break out of more traditional thinking and take dramatic and, yes, often risky, steps to change direction.

The “haves” of the profession must literally rethink who and what they are. Most are still stuck in the traditional “technician” role, simply working ever harder as more work comes in. The road out for them is reinventing their role – from “doing it, doing it” to creating, leading, and managing teams. Without this change they are actually limiting their ability to grow even more because they are working at – and usually even beyond – their capacity. These fortunate attorneys have even more work available to them – if they only had time to market and the capacity to handle more work. Where I have helped attorneys evolve from do-er to team leader, dramatic revenue increases have followed.

For much of the rest of the profession – the comfortable middle class and those who are struggling – the issue is more visceral: how to survive and thrive in a dramatically more competitive environment, and one in which the price and value of basic legal services is collapsing.

For them rethinking is about marketing. They must move from “marketing by wandering around” and living in hope to tight and aggressive focus on target markets, and evolving their services from general to more niched and specialized. In effect, they must identify and own specific “small towns” – that is, special interest communities – where they can become highly visible and preeminent. And this tight focus must also incorporate Web, social media and even advertising. But the result is dramatic: stabilized and increased income, and a strong, long-term position as the “go to” attorney in their specific “small towns.”

For both groups, there is a road up and out of their present positions. And for both, it starts with a new answer to the question “who am I as a professional?”

Call me if I can help.

The “Walmart Lawyer” Has Arrived

Back in January 2013 I wrote a post predicting “The Rise of the Walmart Lawyer.”

The rise has begun.

My prediction was that Walmart would contract with young lawyers who would then utilize an online legal document generation program like LegalZoom – and offer advice on which pre-packaged legal documents the consumer needed.

It’s begun in Canada, and not quite the way I predicted. The reality is actually more radical. Axess Law, a new-wave Toronto firm, is now offering “bespoke” legal services from a tiny rented space in the front of several Walmart stores in the Toronto area, with an eye to expansion. And they’re actually using their own proprietary documents and software akin to LegalZoom, more Canada-specific, and not quite so “canned” as LegalZoom

What makes them different?

Price, of course. Simple wills $99, notary services $25. And a carefully limited range of services. More complex work is referred out.

Business model: volume. The traditional law firm model was based on scarcity, which no longer exists – one of the reasons the profession is in trouble.

Accessibility: drop-by and drop-in service, no appointment necessary. Hours – 7 days a week, 8 a.m. to 8 p.m. They say that the hours of 5-8 are their busiest – just when other legal offices are closed.

How are you changing to deal with the future? If you provide a “commodity” level of services, you are in danger. If Walmart does it, are Target, Kohls, Kroger, Walgreens and CVS – in partnership with hundreds of other new-form law firms –  far behind? You need to read the full article. It’s one of the waves of the future – but not the only one.

If you’re worried about your future – contact me. Let’s talk.

 

The Biggest Mistake New Lawyers Make

Kudos to my old friend Nerino Petro and his co-author Jocelyn Frazer for the tour-de-force article “The GPSolo Guide to Opening a Law Office,” in the Jan-Feb GPSolo Magazine. As always, information-packed and extremely valuable.

Except for the missing piece. How does the new lawyer attract the business that will feed them?

The mistake looks like this: “I wanna practice criminal defense.” Or maybe “I wanna practice personal injury” or “I wanna practice estate planning.”

It’s lovely that they wanna practice whatever. But the more relevant question is – how can they create a successful practice? Too many new lawyers set up an “Iwanna” practice without a careful look at the market, and end up driving a cab.

The basic question is – who are you going to sell your services to, and what are you going to sell? The traditional approach is “whatever I can to whoever will buy.” that makes them a snowflake in a sandstorm.

In my workshops and in working with my individual clients, I assert that the secret of success in today’s chaotic marketplace is “niche and target market.” In other words, the most successful attorneys identify a target market – hopefully one that isn’t already owned by other attorneys – and identify the needs of that market. And they market themselves and their services in a manner designed to clearly create a distinction between themselves and others. In the (paraphrased) words of a groundbreaking book from way back in the 70’s titled “Positioning: the Battle for your Mind” the game is to identify a position – a distinction or uniqueness – in your prospect’s mind that is not already occupied – or in today’s world not crowded – then own that position (niche).

So, to get started in your practice in the most powerful way ,start out by identifying a group that you can get your arms around. A target market with clear boundaries and marketing avenues. For instance, I helped a client in Chicago whose ethnic background is Serbian to identify the (painfully obvious) target market for her, and then helped her own it. She is now the “go-to” lawyer for a community of over 35,000 people. A small town that is plenty big enough to keep her busy – and successful.

So what does this look like for the brand new attorney? It begins with some serious due diligence. First, a detailed study of the demographics of your area. What specific religious, ethnic, professional, business, social or other groups – that is, potential target markets – are present in your area? There is an unending list in most cities: Christian, Muslim, Brazilian, French, Sportsmen, preservationists, union members, farmers, truck drivers, square dancers, Kiwanis members, college and law school alumni associations, opera society members, and so on, ad infinitum. Second, identify a significant target market which which you have some connection or affinity. Are you Italian-American, classic car enthusiast, triathlete or birdwatcher? Third, get seriously involved and connected.

Why? Because of some basic human psychology. Who do we like? People who are like us. So, even if you’re a stranger, once you step into a group of people who share something, you are immediately a friend – and that means someone they trust more than they would trust a stranger.

And it’s also because of another factor. Consumers in general have no way of deciding whether you are a good attorney or not. Instead, they will tend to make their buying decision on instinct. “Really liked her.” “felt good about him.” Now, if they’re sophisticated buyers of legal services it’s different. But in general, your first step in getting business is connecting with people who have a reason to like and trust you.

Next, you want to make sure they know you’re a lawyer – not by “selling,” but by storytelling. Everyone gives you the opportunity to educate them – they say “haven’t seen you in a while – what’s new with you?” or the like. The perfect opportunity to relate a story about some interesting legal problem or opportunity you’re helping someone with. And in the process accomplish what I refer to as “under the radar” education. Often the result of one of these stories is the response of “gee, I didn’t know you did that!”

Then – and this is where my usual advice differs – you want to position yourself as the “trusted advisor” rather than the estate planner or criminal defense lawyer or whatever. This is the advice I usually give to my clients in small towns. You need to position yourself as the “go-to” person that people reach out to first when they have a problem, giving you the opportunity to either help them directly or advise them on where to get help. So, in small towns the lawyer can still specialize – but they have to be the first one people call for anything, so they can take what fits, and also maintain their “go-to” image by advising them on where to go for the help they need. And by the way, that puts them in a powerful position of referring business to others – and building a refer-back network.

So, even if you’re in Chicago, when you’re with your affinity group you’re essentially in a small town. And you need to develop the “go-to” reputation just as though you were in Beemer, Nebraska.(And I actually have a client there – one who will, with my support, within a few short years essentially own the Nebraska farm family “affinity group.”)

So, this new position you’re developing as the “go-to” lawyer in your affinity group allows you to, early on in your career, not only develop business more effectively, but also begin to focus your practice. As your profile grows and more people come to you for help, you can become choosier on what you take and what you refer out. And, as your practice takes flight, you can now expand into other target markets or focus on building a more public presence, attracting a wider audience.

And from another point of view, it’s a chance to connect with people you like – people who are like you – and develop your practice in a far more enjoyable way. Maybe this won’t be your forever market, but it will be a powerful way to get started.

So, don’t make the mistake too many young lawyers make: marketing by wandering around. Find your affinity group. Get involved, get high profile by taking a leadership role – and attract business from people you like.

PI Attorneys: the Revolution is Upon Us

The revolution I have been predicting for years is upon us, led by the nation’s largest personal injury firm, with 270 attorneys, based here in Orlando, but with tentacles across the nation.
An article in the May 16 Orlando Sentinel reads as follows:
“John Morgan, founder of Morgan and Morgan, is expanding the firm’s focus on commercial contingency litigation – taking a case in which a business is suing another business but only getting paid by the client if that client wins.”
And if you think it’s a tentative commitment, think again. “Morgan said he’s planning to add fifty lawyers in the commercial trial area over the next five years.”
Why? For several reasons. First, he is seeing personal injury work declining due to greater regulation and legislation. “A few years ago, nursing home cases were 20% of our business, but that’s down to 1% now.”
Second, because auto accident cases are dropping due to technology that is making cars safer.
Third, my issue, which he doesn’t mention, is the tide of young attorneys coming into the PI marketplace willing to take most anything, discount their fees, and too often spend big dollars on advertising. Then often go out of business.
I work with personal injury firms around the country to help them make their operations more efficient and their marketing more productive. But in every case, I see the train a-comin’. In some areas it’s a long way off, but in others such as Orlando and Miami and Atlanta and Chicago and Boston and New York, it’s already in the station. Firms are spending more and more on advertising and getting less and less in return. The pie is indeed shrinking – or at least, getting harder to cut – while those trying to cut themselves a piece are wall-to-wall.
The game is changing. Contingency commercial litigation is a relatively new animal with huge potential, and the smartest firms will follow Morgan’s lead – ahead of the crowd. It doesn’t mean that you stop what you’re doing and switch, only that you start investing your current profits into creation of a new department, and the development of a new market profile. In fact, I’m helping several firms do this as we speak. Call me if I can help.

You’re Losing Money Big Time.

The average law firm is incredibly inefficient and wasteful. Why? Because they make too much profit. If that sounds crazy, let me explain.

ABA and bar association statistics say that the average sole practitioner/small firm profit margin is between 45 and 55%.  Contrast that to the average grocery store margin of one or two percent. With such a razor-thin margin, grocery stores are constantly focusing on efficiency, profitability, increasing sales, increasing customer loyalty – everything to make sure that slender profit margin doesn’t turn to a loss.

Law firms, not surprisingly, generally operate on slop. A few unbilled hours here, a few uncollected dollars there, a little staff inefficiency, little extra expense for services, and, as former president Lyndon Johnson used to say, “a few billion here, a few billion there, pretty soon it adds up to real money.”

(Do you know how to calculate your TRUE profit margin? Ask me.)

Before we get to the details, let me share a few big principles.

First: if you want to grow your practice, first you have to be willing to grow your skills in managing it.

It hardly needs to be said. Attorneys hate to deal with the “business” side of the business. Most suffer from the “I just want to do my work” syndrome. Staffing, firm administration, expense management, accounting, all take a major back seat to “getting my work done.” As a result, attorneys tend to live in a highly disfunctional business environment.

Becoming a better manager starts with the attorney himself or herself. Personal efficiency, organization, productivity. The ability to focus and get things done. Next, they need to know how to create and manage an efficient team. Develop the right team and the right team structure, and build an effective system for delegating, supervising, and managing.

Second: doing legal work is not the primary purpose of your practice. Altruism and idealism aside, the first purpose of the practice is to allow you to have a decent life. If it doesn’t do that, your ability to take the best care of your clients is endangered. Delivering legal service is your product – how you accomplish that primary goal. If you find that offensive, try working the next year for free and see how that works for you.

Third: your most important role in the practice is not doing your legal work. It’s making sure there is legal work for you to do. Marketing. Sorry, all you idealists and ethicists. And by the way, personal marketing has always been ethical. Sales and solicitation are not.

Fourth: most attorneys have never been trained (or have wanted to be trained) in good business practices. Enough said.

Fifth: any change is uncomfortable. Many great changes have been avoided or discarded because the initial process of change proved uncomfortable. As Arnold Palmer once said, “in order to play golf well, first you have to be willing to play it badly.”

Over the next weeks, I’ll offer my thoughts and advice on the following areas:

How to build more powerful initial prospect conversations. The easiest place to start in getting new clients is in increasing the percentage of your prospects who become clients. We’ll talk about how to create the most powerful impressions and communications so that more prospects hire you. Conversely, will examine why and when to say “no.”

How to create stronger initial client relationships. Most clients leave your office without any clear picture of what will happen from then on. In other words, and some level of fear. What are the keys to ensuring a better ongoing client relationship?

How to reduce your accounts receivable through better client communications. More than 55% of all attorney grievances relate to poor communications. What must you do to make sure that the relationship stays afloat and doesn’t crash and burn?

Happy clients mean happy receivables. How do you get there consistently?.

How to increase the efficiency and work quality of your team. Do you have the right team? Are they all working as efficiently as possible? Are you managing them effectively?

How to expand your client base without significant cost. The most successful attorneys are masters at developing a strong base of referrals, and a powerful public reputation. You can be too.

Stay tuned.

Do you REALLY Need Case Management Software? No You REALLY Don’t, If — Part Three in the Case Management Series

Nalini Mahadevan replied to my LinkedIn post asking for experiences with case management software, and it inspired me to add a chapter in my on “Do You Really Need Case Management Software” Series. She asked “What CRM software do you recommend? I thought CRM needed a professional install.”

Thanks, Nalini, for a perfect segue into the next part of my ramble.

First, let’s distinguish between “CRM” and “CM” software. “CRM” means “customer relations management,” otherwise known as “contact management.” It does exactly what it says it does – manages people. It’s used by sales people, schedulers, and millions of people who need to keep track of, and in communication with, lots of other people. You can think of CRM as the old Rolodex on steroids. Good CRM provides the following functions:

  • A database of contacts with all relevant contact information such as name, phone, e-mail address, etc.
  • An e-mail center (not Outlook) integrated with the contacts, for easy electronic communication, and tracking of e-mails in and out.
  • Template and merge forms capability, for easy writing of letters, memos, forms, and all sorts of documents.
  • Database management – that is, the ability to parse and sort and organize your contact list so that you can communicate with highly specific groups, such as all family law attorneys in firms of less than five in zip codes between 602000 and 623000. Good CRM has built-in software to organize and shape your database.
  • Document organization The ability to link other information such as PDFs, photos, etc. to a specific contact file.

“CM” or “case management software,” is a similar but considerably different animal. It’s about managing matters. In other words, it’s “matter centric” rather than “people centric.” To badly mangle Shakespeare, “the matter’s the thing.” It accomplishes all of those things I outlined in my first post of this series, and has the ability to set up automated procedures to calendar important items. For instance, it can be programmed, whenever you utilize a certain template document, to calendar a reminder or a statute a specific time period afterwards. One of the most important strengths of case management software is its ability to connect and organize large amounts of disparate information, from documents received, to documents sent, e-mails in and out, discovery information, title or medical documents, etc. etc.

So. First stop in the quest: do you need to manage large amounts of information, deadlines, communications, appointments, etc. on a large number of files? Or is your biggest priority communications with clients, former clients, referral sources and other professional contacts? In other words, is your priority more in the realm of marketing and communications with people, or managing complex matters? To put it even more simply, are your priorities people or matters?

An estate planning attorney who does mostly simple documents and needs software mainly to book appointments and send and receive e-mail and track conflicts does not need case management software. They can create a library of template forms in their CRM, and will find the calendaring and e-mail modules in CRM perfectly satisfactory. In short, all of their needs can be accomplished neatly with a vastly less expensive contact management software such as ACT!, Chaos, Maximizer, Goldmine, and literally dozens of others, both locally installed and on the cloud – some of which are actually free. Here’s a link to one website which offers comparisons among just a sampling of the most popular CRM.

Beyond the difference in expense, there is another perhaps even more important difference. Most “CRM” is intuitive, easy to use and often has inexpensive mobile apps, while most “CM” has a perilously long learning curve, is complex and requires constant user discipline and attentiveness. Which means, unfortunately, you will need an enforcer and will experience a great deal of resistance and reluctance from others – and even, quite possibly, yourself.

So. The answer to my question, “Do You Really Need Case Management Software – Really?” For some the answer is “No!” Emphatically no. Really.

And Nalini, regarding your question concerning professional installation, you are right. “CM” does require professional install, and often hardware upgrades, and certainly contract support both for the technology and the users. More expense and more complexity. No wonder so many attorneys, staff and firms grow quickly to hate their CM. See my first post of this series.

Finally, I welcome all  comments from case management vendors, happy and unhappy CM and CRM users and colleagues. Let’s get a good fistfight going here. I can take it.

Next post I’ll get down and dirty and dissect specific CM software. Promise.

Four Good Reasons to ALWAYS Do a Non-Engagement Letter

Made an offhand post to the ABA GP Solo LinkedIn group the other day. THought it was worth sharing here. 

When a prospect doesn’t hire you, should you send them a non-engagement letter? But of course. Here are my four reasons to do so.

The first reason is obvious – to have a track in your file that says you notified the person you were not representing them. That’s just good risk management, and most malpractice carriers love it when you do that.

The second is about professionalism. Someone considered putting their well-being in your hands. That’s an honor that deserves a “thank you.”

And the third is that thing called “marketing.” Part of the letter should detail how else you might be able to help them or someone they know in the future.

And the fourth follows the third. They should now be added to your marketing database for future contact (you DO keep in touch with past clients and prospects, don’t you??). By the rules of ethics, once someone has asked you for information, there are no barriers to future contact. It’s no longer considered “solicitation.” You can send them your firm newsletter (please don’t – they’re usually boring as H–) or better, devise some good and positive ways to communicate with them that they receive as positive, helpful and useful.

Those last are numbers two and four of the four fundamentals of personal marketing: build trust relationships, and stay in touch consistently over time. In other words, create “top of mind awareness” so that, next time they have a problem, they think of you first.

Oh, and it’s never a good idea to prejudge or assert anything about a case or the prospect in the letter. You could easily be sued for giving bad legal advice (after all, you didn’t get to the discovery, did you?) or defamation of character. So it’s best to simply say “I am not able to represent you at this time.”

Ten Tips for a Successful Practice

The profession is going through an upheaval and shakeout of unprecedented impact. Some futurists predict that as many as a third of the lawyers in practice today will have left the profession within the next five years. How will small firm & solo attorneys need to change their thinking to stay viable? Some of my thoughts —

1. Learn from change, don’t resent it. Ask yourself “what is the opportunity here?”

2. The past ain’t coming back. Move forward or be left behind.

3. Embrace technology. It’s not a choice. Every old dog can learn new tricks. As Yogi  Berra once said, “first ya gotta wanna.”

4. Hire or keep a strong right arm. Without it you don’t have a practice. You have a job.

5. Attracting work is just as important as doing it. Get over it.

6. Develop a clear identity. General practice is not an identity. It’s a plea.

7. Three (okay, four) key words to remember that will help you stay alive: focus, niche and target market. You can’t survive trying to sell everything to everyone.

8. Be highly visible and active in your own and your target market’s community. You won’t be found by prospects if you are hiding in your office.

9. Your worst enemy is inertia, not your competition.

10. Think beyond this month’s billings. Without a roadmap to tomorrow you are living in yesterday.

Extraordinary Client Service – How It Translates to More, Better Business

Colleague and Legal Project Management Guru Pam Woldow of the Edge Group just posted a tale of client service as experienced at the Trump International Hotel. Her story, when considered seriously by attorneys and firms, can literally mean more, better business.

In working with my clients I emphasize the “Prospect to Client Continuum,” about how each touch, from first mention by a referral source to website impression, how the phone is answered, how they are greeted and treated when they come in, and especially how they are treated by the attorney – add up to a series of experiences that either increase or decrease their trust. And that translates to whether or not they hire you.

The truth is that most consumers, save the very sophisticated, don’t know how to evaluate whether or not you are a great lawyer. Instead, they will make decisions based on what others say about you (referrers) and how they “feel” about you. “Really liked them,” and “felt good about them” will be their reason for hiring. Conversely, “just wasn’t comfortable” or “we just didn’t seem to click” will be their reasons NOT to hire you (or sometimes even “too full of herself”). Those sentiments are the unconscious result of either great service, as alluded to in Pam’s post, or not-so-great service, as delivered in many offices.

Most lawyers think clients come in for the law, because of their “process” perspective. In truth, no client really wants an attorney or a “process.” They have a problem or opportunity, and the lawyer and the legal process are actually the obstacles they have to get through to get what they really want – a solution or a win. It is up to the attorney to deliver an overall positive “experience” and not just a “process.”

Then, great service continued throughout the representation adds up to bills that are paid faster, greater client cooperation (due to greater trust), and more client referrals. Yes, even if the outcome of your representation wasn’t the hoped-for one, so long as you have built their trust through great client care.

Every day, the profession is seeing more competition from every direction. It’s time we as a profession focus on service, not just process, because it’s the way the world outside the law works, and what consumers expect – and deserve.

Tips From an Old Friend In the Field

Long-time friend and client Jason Studinski, one of Wisconsin’s leading trial lawyers, has not only survived but thrived after the Wisconsin “off the cliff” experience when Governor Scott Walker managed to pass tort reform within 90 days of his election. A few years ago, BW (before Walker) I advised Jason in very successfully re-inventing his PI practice. He took that experience into the battle, re-inventing himself once again after the personal injury “cliff.” I recently asked Jason to share his insights on how he did it.

Jason: “There have been seven points that I have identified in the last three years concerning my approach to marketing.”

1. Relationships are everything.  We have worked hard to find new referral sources and shore up existing sources. (Cole: Jason fully understands and wields the power of relationship marketing.)

2. Get free press instead of paying for it.  We are going to be doing more press releases. (Cole: Jason harnesses the daily thirst of the press for copy.)

3. Recycle my marketing materials.  If I do a talk on a subject, I try to find additional venues for that same talk.  I try to turn the talk into articles.  I try to find talk radio for the subject too.  I will be posting all of this on our website as well. (Cole: Jason regularly uses the “three cushion shot,” re-purposing his work to leverage  the power of his marketing.)

4. Make use of part-time folks for purposes of marketing. (Cole: leverage your marketing with systems and people – lots of talent available cheap – if you know how to harness and direct them.)

5. Take advantage of the new visibility opportunities of social media. (Cole: Yup.)

6. Hyper-niche.  General practice no longer exists – even if you say I generally practice personal injury.  Niche. (Cole: two new keys to building a successful practice: NICHE, which allows you to identify and reach a specific TARGET MARKET(key two) efficiently, rather than trying to reach everyone.)

7. Say no. Now more than ever it is critical to say no to bad work or work that simply doesn’t fit.  We have to leave behind a scarcity mentality and adopt more of an abundance mentality.  This means that instead of taking work on that we don’t want or can’t do efficiently, we should say no – and spend that time on marketing and building the business. (Cole: SELECTIVITY means you don’t get overwhelmed with lots of work on low-value matters, so you can spend more of your time in high-value areas. “Busy” doesn’t always equate to “successful.”)

What Makes Clients Really Want to Pay Your Bills?

Heated discussion on Lawyerist.com about sending effective bills. Couldn’t help but add my two cents worth here.  

Most attorney bills, with their point-somethings and cryptic billing program-generated phrases, are horror stories that stress clients out and invite challenges. ”3.2 – conference call with opposing counsel. 1.4 research and writing of response. .5 – client telephone discussion.” It’s enough to make them crazy – and often does.

When a client opens your bill, they want to know two basic things: what did you accomplish for me this month, and how much are you charging for it? The bare bill, even one with a nice cover letter, doesn’t really tell that.

The solution is a “progress report.” Grab the detail bill and translate it into client language. “In August we made significant progress toward an agreement. We had several positive discussions with opposing counsel and have resolved some key issues…”

Let them know what you actually did for them. Not the process and the time it all took – but how you’re moving their matter toward resolution. Then, instead of the laundry list of point-somethings, give them a simple summary bill. Attorney hours 12.3, paralegal hours 8.2, miscellaneous charges $147.50, with a “total charges for month” line below. And at the bottom, “detail billing on request.” Unless your client is a sophisticated user of legal services, few will ever ask for the detail, because you actually answered their real questions: “what did you do for me this month, and how much do I owe?”

If your client is sophisticated you still send the detail. But the “progress report” is always a powerful idea that will help you maintain more positive client relationships – and get you paid more quickly.

Sometimes the Best Marketing Advice is the Simplest

Most attorneys know the best business comes from referrals. So – are you keeping in touch with your referral sources?

Do you have a comprehensive list of your best referral sources, and are you referring to it regularly to make sure you’re keeping those relationships warm & friendly?

Do you have a system to make sure you identify the source of every prospect, and to make sure that every referrer is acknowledged and thanked?

When you refer to others, do you have systems to make sure you let them know you’re trying to help them?

Do have a system to ask happy clients to let the referral source know they’re happy?

Basic marketing habits like these are the foundation of more expansive marketing plans. Without them in place, you could be losing big time, because of referrers who feel unappreciated, who don’t know you’re trying to help them, and who aren’t getting feedback from those they referred.

And by the way, note the word “systems” in each. “I do that some” isn’t a system, and means that you also DON’T do that a lot. Marketing, like the rest of your practice, should be systems-driven rather than attorney-driven. It’s the distinction between having a practice and having a great legal business.

If you could use some help in putting the systems in place, or learning what to say when you reach out to touch a referral source, give me a call at 407-830-9810.

When Good Isn’t Good Enough

Being “a good lawyer” should be enough, right? Wrong.

Most people, unless they’re sophisticated and frequent buyers of legal services, don’t know how to evaluate the quality of a lawyer. In fact, they tend to assume that most lawyers are “good” lawyers. So if your main message, is that you’re good at what you do, you’re just one of the mooing herd.

What makes a prospect sit up and say “you’re the lawyer for me!” ??

A distinction. An affinity. A connection. Not just a “family lawyer” but a family lawyer specializing in divorces with special needs children. A business lawyer who grew up in the family business. A plaintiff lawyer who lost a family member in an accident. A business lawyer who speaks Serbian or Farsi or Korean.

“But – what about all those non-[your distinction here] people who might be clients?” OK, so how do you market to “everyone?” Ah, that’s the ticket. Let’s flip that over. So how do you market to the [Korean] [Iranian] [Serbian] [parents of autistic children] community? Easier. Now you can put your arms around a specific group of people, organizations, media, and even community leaders.

Four words to remember if you want to be more successful. Distinction. Affinity. Niche. Target market. Okay, five words. To cut you out of the mooing herd.

 

Tips for Guesting a Radio Show

How can you get yourself on a radio show? Easier than you realize, because they’re hungry monsters, so their hosts are often looking for good guests.

This morning I received an e-mail from a client who had been invited to speak on one, asking for some tips. Here is my response:

  • Be yourself, friendly, comfortable, casual, as though you were sitting around a table with friends. You are.
  • Listeners can hear a smile – or a frown. Stay friendly and pleasant. Don’t get too serious.
  • Avoid legal language. Tell stories, talk about people, their frustrations and problems and how you helped. Not what documents you drafted or what statutues were involved.
  • Talk to the host, not the audience. Most “sponsored” radio shows have tiny audiences, so don’t expect a rush of business. The most important person you are talking to is the host, who can likely refer you business frequently. So be a good, interesting guest, and make the host look good. You’ll get invited back.
  • By the end of the program, make sure you have told enough stories so that people know what you do, who you work with, and that you’re good at it.
  • Make sure they know how to reach you – phone and e-mail addresses.

Someone you know – or would like to know – has a radio show. Call them and offer to help them out.