This is WHY the ABA wants new rules to regulate online lawyer marketing

Share

world's tackiest lawyer ad everLast week, I joined the chorus of attorneys who strongly object to the ABA’s proposal to promulgate new rules regulating what attorneys can do on the Internet to market their services.

This weekend, I saw a video of a TV commercial by Florida divorce attorney, Steven D. Miller and thought I might have been hasty. The video, which someone put on YouTube with the caption, “Tackiest Lawyer Ad. . .Ever,” is a prime example of why the ABA is considering new rules. Watch and you’ll see why.

[mc src=”http://www.youtube.com/watch?v=y1Qk6QPzuIc” type=”youtube”]Tackiest Lawyer Ad Ever[/mc]

Wait. It gets better.

The web site for Mr. Miller’s practice is. . . (are you sitting down?). . . “DivorceDeli.com“. Yep, you can look at their menu, call or click, and order your divorce. “Would you like pickles with your restraining order?”

I’m pretty open minded but let’s face it, this commercial and the entire “deli” concept is in very bad taste. It reflects poorly on all lawyers. One subscriber to this blog wrote to say he was against lawyer advertising of any kind because of the negative impression lawyers’ TV commercials have on juries and this has to be “Exhibit A”. But as ugly as this is, I still don’t want (or think we need) more rules.

I don’t want to legislate taste. I don’t want to outlaw embarrassing behavior. I don’t want to be told what I can and cannot do. And, unless it is the only way to prevent serious, irreparable harm, I don’t want to tell anyone else what to do.

Mr. Miller obviously does what he does because it’s working for him. God bless him. He’s serving a segment of society that might otherwise be denied access to the legal system because of their lack of funds (or good taste). I disagree with his approach but I must defend his right to do what he does without interference from the ABA or anyone else.

So, whether you laughed at this video and web site or recoiled in disgust, I hope you’re with me. If you agree that despite examples like these, we don’t need or want additional regulations, please tell the ABA.

Comments should be sent to: Natalia Vera, Senior Research Paralegal, Commission on Ethics 20/20 ABA Center for Professional Responsibility, 321 North Clark Street, 15th Floor, Chicago, IL 60654-7598. Phone: 312/988-5328, fax: 312/988-5280 and email: veran@staff.abanet.org. The comment period ends on December 15.

Share

Attorney Turns Director–Debut Film Exposes American Bar Association Plot

Share

David S. Ward is the Hollywood writer and director of “Field of Dreams,” “The Sting,” and many other amazingly successful films. I never met the man but when I lived in Beverly Hills I would sometimes get calls from his fans, telling me how much they enjoyed “my” latest movie. I confess to having a lifelong dream of writing novels and screenplays but for years, David M. Ward has lived in the shadow of David S. Ward.

Not anymore.

Today, my dream has become reality as I am now the writer, producer and director of my first motion picture.

Last week, I found out from Larry Bodine that the ABA wants to regulate marketing on the Internet. Big Brother wants to control just about everything we do online. According to Larry, the proposal would have a chilling affect on every aspect of attorney marketing:

  • Online social networking (Facebook, LinkedIn & Twitter)
  • Blogging
  • Facebook and Linkedin profiles
  • Pay per click advertising
  • Gathering information through networking websites
  • Discussion forums
  • Lawyer websites
  • Use of case histories on law firm websites

Tom Kane echoed Bodine’s concerns and I do too.

We have enough rules. Too many rules. Unnecessary rules. We are regulated, micro-managed, watched, and warned, by the very organization that is supposed to represent our interests. True, the ABA has no direct jurisdiction over us but they wield tremendous influence over the bar associations that do.

Enough is enough

I decided to do something about it. This film, “The Convention,” is an urgent message to all attorneys to rise up and tell the ABA, “we’re mad as hell and we’re not going to take it anymore!”

And now, I present to you, uncensored and uncut, “The Convention”:

[mc src=”http://www.youtube.com/watch?v=93lmTepypqU” type=”youtube”]The Convention: A young lawyer attends his first ABA Convention[/mc]

Okay, just having some fun but this is a very serious subject. I urge you to write to the ABA and tell them to keep their hands off. The cut off for discussion is December 15, so please voice your concerns and tell your colleagues to do the same.

Share

The single most valuable skill for attorney marketing

Share

copy writing for attorneysLearning how to write effective copy not only helped me to build a successful law practice, it helped me to sell millions of dollars of my signature marketing course and other products. Copy writing, which as been called “salesmanship in print” is an important skill for every attorney, even those with no intention of writing their own sales materials.

Effective marketing documents can make the different between unbridled success and abject failure. A change of headline or offer can increase the pulling power of a letter or ad or web site twenty-fold–and even more.

The best way to learn copy writing is to study effective marketing documents. When you see something good, something that’s working, perhaps something that made you buy a product or service, copy the sales letter or ad or web page so you can study it. Create a “swipe” file of letters, brochures, ads, web pages, newsletters, and other compelling copy, to study, for ideas and to use as models for creating your own documents.

(Shameless plug alert. . .) The Lawyers’ Marketing Toolkit is a swipe file of marketing documents for lawyers. It is a collection of referral letters, reports, ads, newsletters, brochures, and other marketing documents submitted to me for critique by lawyers in my marketing program–along with my (detailed) critiques.

Start your copy writing education by studying the sales letter for The Toolkit. Print the page, copy it, read and re-read it. It works and it could be the first document for your new swipe file.

After many years of collecting marketing documents in file boxes, today, I use Evernote to collect them electronically. It’s free and a great place to start your swipe file.

[mc src=”http://www.youtube.com/watch?v=ObHOvFoRLxk&feature=mfu_in_order&playnext=1&videos=QOSWMn-miTw” type=”youtube”]The single most valuable skill for attorney marketing[/mc]

Share

How to get clients by email; the right and wrong approach

Share

I just got an email from a investment company representative that is a classic illustration of the WRONG way to use email to generate new business.

Hi David,

My group wanted to reach out to you to see if you have any interest in our services.

We are an independent, fee-only investment advisor with a proven track record and compelling value proposition. We have a sophisticated investment process that combines individual bonds and equities/ETFs to produce a tax sensitive, highly liquid, totally transparent, risk managed portfolio. Our philosophy is grounded in academically proven methodologies. We don’t do broker talk, just easy to understand investing.

Our CIO was formerly an executive corporate risk manager at BIG COMPANY, and a MAJOR UNIVERSITY grad and CFA. We have a solid understanding of not only equities and bonds but also foreign currency and interest rate risk management. We have retained over 95% of our clients over the last 5 years.

I wanted to see if you were open to exploring opportunities with us? Perhaps I can email you a 1 page breakdown about our firm, bio’s and performance?

Apologize for the email intrusion, however we believe it’s a less intrusive way of an introduction.

Best,

Name
Managing Director
Company Name

Okay, what do you think? Is this likely to bring in any business? What would you do differently?

I’m not concerned that it’s unsolicited. It’s okay to approach prospective clients or referral sources to introduce yourself in an unsolicited email. But you’ve got to do it right and the first thing that’s wrong with this email is it seeks to do much more than that and takes too much for granted about my interest in using this company’s services.

Too much, too soon.

Selling investment services is like selling legal services. It’s a process, over time. It’s based on a relationship between the professional and the prospective client or referral source and trust is integral to that relationship. Trust takes time and must be earned. (It can also be borrowed from a mutual contact who refers the parties).

Before marriage there is courtship and before courtship is the first date. You haven’t even asked me out but you want me to meet your family?

Too much, too soon.

So what’s a better offer? How about information that could help me save or make money, like a report or mp3 or newsletter with investing tips, strategies, or predictions? Or, how about an invitation to a free tele-seminar or web-inar? This would not only provide value it would also allow me to identify myself to you as a potential prospect for your services.

Offer something I want and I can have without a big commitment or a sales pitch. Make it easy for me to say yes.

(There’s another benefit (to you) of offering valuable information: it gives you an opportunity to demonstrate your expertise, which is much better than you simply proclaiming it.)

An offer must contain a benefit. What’s in it for me? What do I get out of it? Had this email offered valuable information I may have been interested in receiving it. The door to our relationship would have opened. You would have gotten my attention and eventually, over time, as trust is built, we might begin courting.

Another problem with this email is that it’s all about you–your firm, your experience, you, you, you. Talk to me about me–my concerns, my desires, my portfolio. I’m interested in my life, not yours.

Show me made an effort to learn something about me and what I do, perhaps a comment about my blog . I know it’s a form letter but if you had made any effort to personalize it, you’d have a much better chance of getting my attention.

Marketing is common sense. If we met in person, what would you say to get my attention? What would you offer that might make me interested in speaking further?

Emails like this make me think that common sense isn’t really that common.

Share

How to market legal services on Facebook

Share

Facebook is a great place to meet prospects and potential referral sources. With a few clicks, you can find and connect with exactly the kinds of people you’re looking for, at no cost whatsoever. The ease with which this can be done, however, too often leads otherwise smart professionals to do things that actually chase prospects away.

Facebook is not an advertising medium, it is a networking medium, and the rules of networking are the same online as they are in the “real” world. Use Facebook to meet people, just as you would at a Chamber of Commerce or Rotary event, and then build a relationship. It’s okay to let them know what you do–that is what people do when they meet, after all. It’s not okay to assault them with self-serving promotional messages.

Just as it’s easy to add friends on Facebook, it’s just as easy for them to block your messages or delete you. Understanding and applying a few simple rules of networking etiquette will go a long way towards helping you use Facebook and other social media sites to build your law practice.

Make your profile about you. People want to be friends with real people, not companies or products or causes. Use your real name, and provide information about yourself–what you do, what you like, where you have been, what you think about the world.

You can describe your practice in your profile and add links to your web sites. Think of this area as your online business card. If someone wants to see what you do, they can look in this section. If they want to know more, they go to your web sites. You can also establish a fan page or group for your practice and link to this from your profile.

Your profile photo should be, not surprisingly, a photo of you. Photos of your dog or a pretty sunset can go in your photo album, but when I’m considering a friend request, I want to see who’s asking. Use a decent head shot and don’t clown around. You really do have only one chance to make a first impression.

Be appropriate. The world is watching –and judging you. If you use inappropriate humor, if there are photos depicting you as inebriated, if you are too extreme in your viewpoints–these can all have serious negative consequences.

Use spell check. Use correct grammar. Be judicious in your use of emoticons, abbreviations, and slang. Your real friends may not care about any of this but I can assure you, many of your business prospects do. All they have to go on is what they see on your page, so be careful about what you post.

As for invitations to join your cause or attend your event, please be aware of how your friends might perceive you in light of your activities. Are you involved in anything ill-suited to your profession or the image you wish to portray? Are you always playing games or taking surveys and, seemingly, never working?

Don’t advertise. Don’t post an ad (or a link to your website) on someone’s wall. Ever. Disguising it as an offer for a free ebook that is part of your sales process doesn’t fool anyone. Don’t do it.

Look, you wouldn’t like it if someone came to your house and stuck a sign in your lawn advertising their services, so why would you think anyone wants your ad on their Facebook property? If you post an ad on my wall, I will delete it. If you do it again, I will delete you.

The same goes for email. If I accept your friend request and you immediately send me messages about your product or service, that’s a big turn off. You might have something I want, the best price, the greatest service, but don’t be surprised if I don’t buy from you.  It’s not quite spam, but it’s close, so don’t do it.

Your status message is different. It’s on your property–I only see it if my settings so allow. But don’t abuse this by posting a never-ending stream of promotional messages. Once in awhile is fine. Do it every hour, like I see some people do, and we’re done.

I change my status message usually once a day. That works for me. It’s okay to change yours several times a day, but make sure you have something meaningful to say. Some say it’s okay to make your status posts two-thirds about you, one-third about your business or offers. I say that’s too much advertising. There are other, more subtle ways to spark interest in what you offer. (See below.)

Add value. Your profile, your status updates, your notes, your videos, your comments on others’ posts, should be perceived, by and large, not as self-serving or frivolous but as adding value.  That doesn’t mean you can’t let your sense of humor show or that everything you do must render a benefit. It does mean that you should show people that you have something to say and something to contribute to the relationship.

You can offer tips and advice, share resources, or describe interesting experiences. I  try to post an interesting quote every week day, and I post occasional videos and links I believe my friends would like to see.

You could write articles (“notes” on Facebook), and provide helpful information. This note is an example. When you post articles, not only do your friends see you as making a contribution, they also get a demonstration of your expertise.

By contrast, updates about the sandwich you just ate or the movie you watched are of no value to anyone unless they come with a meaningful recommendation. I don’t care that you are walking your dog or checking your email. You wouldn’t call me on the phone and tell me these things, so why tell me online? Someone who posts something merely for the sake of posting isn’t adding value, they are simply adding clutter to an otherwise over-cluttered Facebookisphere. [I just coined that word; feel free to use it.]

Adding value also means making an effort to patronize your friends’ businesses.  You’d do that in the real world, wouldn’t you?  And if you can’t hire them or buy something yourself, provide referrals. When you do that, you help two friends and earn the gratitude of both. Be a matchmaker. If you have a friend who is looking for a new employee, for example, and you have another friend who might be a good fit, introduce them.

Add value and people will want to be your friends. Waste people’s time with meaningless information and you might soon find that when you do have something of value to offer, nobody’s listening.

Be yourself, but be normal. Don’t hide your personal side. The things you do for fun–hobbies, games, surveys, widgets you post on your page, and so on, define you and make you interesting. When your friends see they share those interests it can strengthen your relationship. But if you are on Facebook to build your business, you must establish a balance between your personal and business identities. When in doubt, always lean towards your business persona.

In the real world, if you came to my office and I threw a sheep at you or gave you photo of a chocolate martini, that would be weird, wouldn’t it? And yet that’s what people do online. Look, I do silly things on Facebook. I’m opinionated and have a profoundly warped sense of humor and I like to stir things up from time to time. But the majority of my Facebook friends who have an opinion of me would, I think, describe me in positive, business-like terms.

A little flair now and then is interesting. All flair, all the time, is clownish, and people don’t do business with clowns.

Friends first. There is a maxim in marketing that says, “All things being equal, people prefer to do business with people they know, like, and trust.” Be that person.

“How To Win Friends and Influence People,” written decades before the father of the founder of Facebook was born, offers great perspectives on how to do business on Facebook.

Dale Carnegie counsels us to focus on other people,  not ourselves. Talk to your Facebook friends (through messages (email), IM (instant message), and, eventually, by phone and in person) about themselves. Ask questions and listen. Let them do most of the talking.

What do they want in their business or personal life? What problems do they wish to solve? Look for ways you can help them. Provide advice or information or referrals, if you can. Just listen if you cannot. Again, that’s what friends do.

If your services can help them solve a problem or obtain an objective, offer them. If not, don’t. And if you do offer them and they aren’t  interested, drop the subject. They may come back to you some day, when they are ready, or they may not, but they will never hire you if you pushed them or annoyed them to the point where they deleted you.

Share

Lawyer marketing 101: The basics of niche marketing

Share

Q: I’m starting a solo practice. How do I compete with larger firms who use TV ads?

A: TV ads target everyone, and therefore, no one. The consumer markets are vast and expensive to reach, especially via TV. If you aren’t prepared to go head to head with big budget advertisers, I’d suggest that you concentrate your efforts in niche markets.

Niche markets are small, well-defined, sub-segments of the larger mass market. “Health care professionals,” “Chinese immigrants,” and “people who work for ABC Company” are examples of niche markets.

You can get more bang for your advertising buck in niche markets, and leverage your time by speaking, writing, and networking with centers of influence and/or prospective clients in those markets.

If you handle consumer-type practice areas (bankruptcy, PI, criminal defense, etc.) you’ll find clients and referral sources in just about any niche market. You don’t need to be especially selective about which niche to choose, just make sure it’s large enough to encompass enough people but not so large that you cannot effectively communicate with it. Look for markets with existing publications read by people in those markets, and local organizations where you can speak or network.

If you handle business matters, your choice of niche market(s) needs to be made a bit more carefully. Some business niches are more likely to need your services than others and some markets may already be dominated by a handful of existing law firms. The advantage in business markets is a more established infrastructure of publications, organizations, and centers of influence, ready for you to plug into.

The bottom line is that by focusing on smaller markets, you can dominate them. You’ll get the lion’s share of the business in those markets and never have to worry about someone outspending you on TV ads.

Why compete when you don’t have to?

Share

Abraham Lincoln advertised his law practice; why don’t you?

Share

Okay, I’m not going to get into a rant on why lawyers who don’t advertise shouldn’t denigrate lawyers who do. I’m just going to present this ad by one Linclon & Herndon, Attorneys and Counsellors At Law in Springfield, Illinois, who advertised their availability for hire in what appears to be a newspaper of general circulation.

 lincoln.jpeg

Share

Attorneys can benefit from a unique selling proposition

Share

A few years ago, Progressive Insurance ran TV commercials touting that they assign a dedicated claims specialist claimants their policyholders can count on for the life of their claim. The benefit is that you can always call "your" representative and never have to worry about what’s going on with your claim. Policyholders want to be able to talk to the same person each time they call, someone who understands their claim and is staying on top of it "for them".

Now, most other insurance companies probably do the same thing. But because those companies aren’t saying they do it, when Progressive says it, they virtually OWN that benefit.

You can do the same thing. You can promise prospective clients that they will have a dedicated member of your firm assigned to their claim, so that they don’t have to worry about who to ask for when they call. They’ll feel better just knowing that someone is assigned to their case and that it’s not lost in the shuffle.

The fact that most lawyers do the same thing is not important. If you say it and they don’t, or you say it FIRST, you can effectively "own" that benefit and preempt other lawyers in your market from using it. It can become your "Unique Selling Proposition" (USP), the competitive advantage that sets you apart from other lawyers in the minds of clients and prospects.

In marketing, perception is everything. If you appear to offer a unique advantage, people will see a benefit to hiring you instead of your competition.

Your USP can be about any meaningful benefit you offer. What do you do faster, better, or more thoroughly? What do you do that you know clients like?

A great way to find a powerful USP is to learn what your clients DON’T like about lawyers in your field, and promise them the opposite. If clients consistently complain that lawyers who do what you do take to long to do it, for example, your promise to do it quickly would likely be seen as valuable and desirable to those who can hire you.

The number one complaint received by state bar associations is lack of communication by their lawyer. Many lawyers have difficulty, it seems, keeping their clients informed about the progress of their legal matter. Even worse, many complaints involve lawyers who don’t return phone calls. Something this common, and this easy to fix, would seem to be a great USP for lawyers in many practice areas.

If you’re bad at keeping clients informed (or returning calls), resolve to get better. In fact, I’d suggest a goal to become not just better but the best. Make a promise to yourself to return calls within 24 hours, for example. Raise the bar. It’s so easy to do and it will have a profound impact on your practice. Fewer unhappy clients, more repeat clients and referrals.

Then, proclaim it to your clients and everyone else. Let them know of your commitment. Make it your unique selling proposition.

If you’re already good at keeping clients informed and returning calls, the odds are you don’t tell people this, or you don’t tell them enough. Consider doing so before some other attorney decides to make it her unique selling proposition.

Share

How to get free traffic for your blawg

Share

If you’ve are a regular reader of this blawg, you know that I have had the BlogRush widget installed on my site since it first came out. You can see it in the right-hand sidebar. It has provided a steady of stream of referrals to me each month, all free traffic. If you have a blog, consider adding the BlogRush widget.

Some months ago, the BlogRush people instituted a new web site–TrafficJam.com. The site lists the top blogs in the BlogRush system in various categories, by popularity of posts. This has also brought traffic to my site. I’m not sure how many lawyers this includes since TrafficJam has a multitude of consumer-related categories, but it doesn’t matter. The more traffic I get, the more referrals the BlogRush system gives me.

Anyway, go to TrafficJam.com and click on the category for Law & Legal. As I write this, my recent post, "How to get big personal injury cases" is number three on the list. Pretty good, wouldn’t you say? At number 10 on the list is my article, "When the ABA wants to interview you. . .". My post, "Hot practice areas for lawyers? Here’s what I think. . ." is number 33. And, as I scroll through the list I see other articles from me (The Attorney Marketing Center). I think what happens is the popularity of the articles depends on the number of clicks they get (so click on mine when you see them!) Actually, I think they also factor in clicks from websites that display the BlogRush widget and other factors.

Check out TrafficJam.com and BlogRush.com and see what you think. If you do sign up, tell your friends who have blogs (lawyers or not). If they sign up, you’ll get credits for their referrals (clicks from their web site) which will bring you even more traffic.

Share

How to get big personal injury cases

Share

A personal injury attorney wrote and asked me if I have a strategy for bringing in bigger cases. I was a personal injury attorney for most of my legal career and when I look back at what I did, I have to say that I did not have that strategy. In fact, I intentionally focused on bringing in a volume of smaller cases.

My thinking was that quantity would bring quality. Bring in thousands of clients over a period of years and you are bound to have some big cases in the mix. And that was certainly true for me. But I also recall thinking, as every personal injury attorney does, that one day, I’ll get a case that will bring me millions of dollars in fees and I’ll be able to retire if I want to. But in twenty years, that never happened. Big cases, yes, but not a single practice-making monster.

But there’s something else I understood and that was that I was not one of the big boys. The biggest cases are almost always handled by the biggest names and most of the time, they are referred there by other attorneys. I wasn’t prepared to compete in that arena. I didn’t have the expertise and, more importantly, I didn’t have the passion for developing it.

The best strategy for getting the biggest cases is to become one of the best lawyers. Win bigger and bigger verdicts, develop your skills and your reputation amongst the bar, and when you have the respect of your colleagues, you will get their referrals.

Another way to get big cases is the one adopted by a lot of attorneys who aren’t one of the best and that is to appear to be. They swing a big stick with multiple full page yellow page ads and TV commercials, they sponsor charitable events attended by centers of influence in their community, they network with the right people, send press releases celebrating their victories, and otherwise promote themselves so that they appear to be one of the biggest and one of the best. And by and large, it works.

To do this, you need money and some marketing skills, but most of all, you need drive. The biggest promoters have big, healthy egos. They are driven as much by the desire for attention as the desire for money. I’m not taking anything away from them. They are usually good enough to serve their clients well and smart enough to bring in one of the best when they aren’t.

If you’re not one of the best and you aren’t willing or able to become one, and if you’re not willing to do what the big promoters do, there is an alternative: target niche markets. Become the biggest fish in a small market where word of mouth is strong and limited resources (and hubris) can go a long way. Become the attorney everyone in that market thinks of when they think of injuries. Network in that market, write for that market, serve that market and the centers of influence in it, and over time, you’ll get big cases. Do it well enough and long enough and you may even get one of the very biggest.

Share