Collection attorney sends wrong form letter to debtor, includes advice on debtor’s rights

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It happens. Someone screws up and the threatening letter that was supposed to go to a debtor inadvertently contains language advising the debtor about his rights and options in defending against collection.

Ugh.

I heard about it and I could feel the attorney’s pain. We’ve all sent letters out with mistakes in them or sent letters or emails to the wrong party.

It’s embarrassing, to say the least. It could present legal and ethical issues. And it has the potential to cause a good client to leave and never come back.

In this case, somebody keyed in the wrong code. The wrong boilerplate was included in the letter and nobody caught the error.

The problem was compounded by the fact that a draft of that letter was not sent to the client (creditor) prior to being sent to the debtor. The firm does a boatload of collection letters and they are nearly always the right letter sent to the right party. “Why add expense and delay to the process,” I suppose they were thinking.

Well, aside from the fact that the client would have caught the error the attorney and his staff missed, from a marketing and client relations standpoint, it is the correct thing to do.

It shows the client that you respect him and value his input. It allows the client to feel involved in the process. And it builds the value of what you do.

It may be a form letter, but you want the client to feel that you at least took a moment to consider what he told you about the case and put some thought into the letter you are sending on his behalf.

Unless there is a prior understanding to the contrary, an attorney should send everything to the client, before they send it out or file it and again after they send it out or file it.

Okay, it didn’t happen in this case. The client is upset. Instead of threatening the debtor and getting them to pay up, their attorney advised the debtor about his rights, making it less likely that they will pay.

Now what? What should the attorney do?

From a legal perspective, there probably isn’t a whole lot he can do. He can send a “oops, wrong letter” letter and hope to clean up some of the damage, but who knows whether or not that will work.

From a client relations standpoint, the attorney should:

  • Take personal responsibility for the error and not blame anyone else in the office or try to excuse it as a computer glitch
  • Apologize profusely, in writing, on the phone, and in person
  • Cancel the fee for the letter and send another letter at no charge
  • Offer to handle the collection for free or at a greatly reduced fee

In addition, the attorney should explain to the client what happened and tell them the steps he is taking to ensure that it won’t happen again, not just for this client but for all of his clients.

Clients understand that mistakes happen. They want to see you own up to them, fix them, and prevent them from happening in the future. Most of all, they want to see that you care about them and are willing to do whatever it takes to make them happy. Especially when you screw up.

Marketing is everything we do to get and keep good clients. Here’s how.

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Stop giving clients what they pay for

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Do you give your clients fair value? In other words, if they pay you 00, do you give them 00 worth of legal services?

If your answer is yes, stop it. Stop giving clients what they pay for and start giving them more.

Lou Vickery said, “Four short words sum up what has lifted most successful individuals above the crowd: a little bit more. They did all that was expected of them and a little bit more.”

When you give clients a little bit more than they pay for, more than they expect and more than they may even deserve, you really do stand out. Most attorneys don’t give more. And many attorneys give less. At least that’s what the public perceives, otherwise attorneys wouldn’t continually be described as expensive.

Have you ever been to Five Guys Burgers and Fries? When you order any size of fries (great fries, by the way), you get waaay more than you pay for. At least it seems that way because there are more fries in the bag that have spilled over from the cup than there are in the cup.

Their fries aren’t cheap. In fact, compared to other fast food places, one might say they are expensive. But because they give you more than you expect, and because they are really great tasting fries, you come away feeling good about the experience.

Stop giving clients what they pay for and start giving them a little bit more.

Marketing is easy when you know what to do. Here’s the Formula.

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Give your clients free onion rings

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My daughter sent me a gift card to Outback Steakhouse for Father’s Day. My wife and I were at the restaurant at 5 PM and not surprisingly, it was crowded.

We ordered a “Bloomin Onion” as a starter. We were served bread and drinks but a long time passed and no Onion. The waiter finally came over and apologized. He said they were backed up with orders for the Onion and it would be out in a couple of minutes.

No worries. It really wasn’t that long a wait. I had bread. I could see the San Antonio-Miami game on the TV screen and kept busy giving my wife reports of the score.

A couple minutes later the waiter brought the Onion and thanked us for being so patient. He said he checked with his manager and there would be no charge for the Onion.

Nice. Unexpected. Appreciated.

So naturally, I took out my iPhone and made a note to share this story with you. I wrote “comp clients onions”. And here I am.

When you give your clients something free, either to apologize for something like making them wait a few minutes because you were running late or to reward them for being a good client, you earn Brownie points. Your clients love it. And love you. And remember you. And come back to you. And tell their friends about you.

So look for reasons to give your clients free onion rings. “I should have returned your call last night instead of this morning. I’m sorry. I’m not going to charge you anything for the letter to Smith and Co. Thanks for understanding”.

Nice. Unexpected. Appreciated.

Your clients will say what my wife and I said when the waiter told us there would be no charge: “Wow. Thank you.”

It was a small gesture, but we will remember it. The next time my wife says, “Where do you want to eat?” there’s a good chance I’ll say, “Outback”.

And now, because I’ve told you this story, you may also go to Outback. May I suggest you try the “Bloomin Onion”.

Marketing is everything we do to get and keep good clients. Here’s how to get more.

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Sharing personal information online

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Look at your website and social media profiles. Are you sharing personal information online? You should be.

No, don’t be reckless. But don’t hide everything about your personal life, either.

Prospective clients, referral sources, and other people who find you online want to know what you are like. You, not your practice. What kind of a person are you? What motivates you? What do you do for fun?

People prefer to do business with people they know, like, and trust. Personal details help people get to know you, like you, and trust you. A few details about your personal life can give them a sense of what it would be like work with you.

Your photo is a must. They need to see what you look like.

Post a few details about your background, hobbies, or outside interests. Tell them a story that illustrates what’s important to you, perhaps why you went to law school or how you were affected by a particular case.

Personal information can also give people reasons to like you. You like country music. You grew up in a small town. You like to cook. When a prospective client sees that and thinks, “me too!” they connect with you.

But even if they don’t share your background or personal interests, they can appreciate that you are a well rounded and passionate human being, not just a legal technician.

Share a few details about your personal life, but not too many. Too much information can work against you.

You may enjoy playing Words With Friends, but if you tell people you have 32 games going, they may think you are weird or not serious about your work.

Don’t talk about your sex life, dating life or health problems. Do talk about your kids, your family vacation, and your love of sports.

Avoid politics and religion, unless you are marketing to people who share your politics or religion and you don’t care about losing everyone else.

It’s okay to mention that you like to have a glass of wine with dinner. Don’t talk about sleeping it off on a friend’s sofa.

Humor is tricky. If it is in good taste and truly funny, it’s a good thing. Too much of a good thing can make you look unprofessional.

Sharing personal information online or with your clients and professional contacts will bring you more business. You may want clients to hire you because you’re really good at what you do but if they hire you because they like your smile or you went to the same college, that’s okay, isn’t it?

Learn more about sharing personal information online in Make the Phone Ring.

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How to get more referrals

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Every attorney wants to know how to get more referrals. We love ’em, don’t we? They are good for our egos as well as our bank accounts. No matter how many referrals we get we always want more.

So, how do you get more referrals? Mostly, by focusing on three fundamental concepts:

1. Give first

You can get referrals simply because you are good at what you do. Someone needs your help, someone else knows what you do, and the next thing you know, a new client is referred to you. It happens every day.

If you want to get even more referrals, however, you should develop the habit of giving clients more value than they expect or have paid for. Truly serve them. Smother them with attention. Thrill and delight them.

When you do, you invoke the law of reciprocity. Your clients will feel psychologically compelled to reciprocate. That means that not only will they be willing to refer clients, they will often go out of their way to look for them. They owe you. They NEED to reciprocate. And they will.

The same goes for your professional contacts. If you want their referrals, give them referrals first. And look for other ways you can help them. Provide information. Make introductions. Help them solve their problems and achieve their objectives. They too will reciprocate.

But here’s the thing. You cannot give with the expectation of return. You have to give because it is a part of who you are, not the first step in a quid pro quo exchange.

Yes, there will be clients and professional contacts who don’t reciprocate. That’s okay. The more you give, the more you will get, just not necessarily from the people to whom you give.

Call it Karma or The Law of Attraction. When you give, freely and generously, because it makes you feel good to do so, you will attract more referrals. But you will be doubly blessed because you will also experience the joy of giving.

2. Tell people what you want

Make sure your clients and professional contacts know who would be a good referral for you. Educate them about your “ideal client”.

Post articles that describe your ideal client on your website. Link to them in your emails. Print copies and put them in your “new client kit” and in your waiting room.

Be specific about the legal issues and other characteristics of your ideal clients. Describe them by occupation, industry, or background. The more specific you are, the easier it will be for your clients and contacts to recognize a good referral.

Share stories about your ideal clients. Let clients see, in their mind’s eye, what your best clients look like. Every time you share a client success story or case study, not only will people be reminded about the kinds of problems you solve, they will also be reminded to be on the lookout for people like the clients in your stories.

3. Ask for help

Many studies have shown that professionals who ask for referrals, get more referrals.

You can ask directly or indirectly.

Asking directly means speaking to a client or contact and asking, “Who do you know who. . .?” followed by a description of your ideal client. Or, describing your ideal client first and asking people to keep you in mind if they meet someone who fits that description.

Asking indirectly means having someone in your office asking those questions, or, posting that information on your website, in your emails, and in other marketing collateral.

But you don’t have to ask specifically for referrals in order to get referrals. You can ask for other kinds of help.

Ask your clients to refer people to your website, where they can get lots of information about their legal issues and available solutions. Ask them to Like or mention your page, effectively referring that page to their friends and followers. Ask them to forward your report to people they know. Or ask them to invite people to your webinar or seminar.

Ask people to help you, and they will. Especially if you have helped them first.

The Attorney Marketing Formula will help you create a profile of your ideal client. Get the details here.

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What do clients want from their lawyers?

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What do clients want from their lawyers? I don’t mean just your work product or the results of your efforts.

I’m talking about their overall experience with you and your firm.

You need to know so you can give it to them.

You should ask your clients what they want. Put up a survey on your website or hire a firm to conduct one over the phone. Or mail a questionnaire to your former clients.

But what do you ask?

I was thinking about this the other night while I was watching a commercial for a hotel chain. I asked myself what I thought was the most important factor for me in choosing a hotel. The answer came to me immediately: cleanliness.

Now I’m not a clean freak, by any means. I’ve stayed in hotels before that weren’t particularly clean and I survived. But if I have a choice (and I do) and I’m going to be sleeping in a bed that hundreds of others have slept in, I’m going to choose a hotel that appears to have very high standards of cleanliness.

I jotted down other factors I might consider in choosing a hotel (in no particular order):

  • Convenient location
  • Security features
  • Quiet rooms
  • Free wifi
  • Reasonable prices
  • Free breakfast
  • Participation in my credit card rewards program
  • Starbucks in the lobby or nearby

Some are more important than others. Many of them I can live without, but each one is a selling factor.

Now, do the same thing for your practice. Make a list of what you think clients want from their lawyers, specifically, you and your firm. Try to think of things your clients would tell you and things they might not say but nevertheless want.

I’ll help you get started:

  • Office near the client’s home or work
  • Early/late/weekend appointments
  • Phone answered within three rings; on hold for no more than 30 seconds
  • Clear explanation of options, risks, timeline, contingenices
  • No pressure to sign up
  • Polite treatment by staff, attorneys
  • Being seen at the time of the appointment (not having to wait)
  • Billing statement that’s easy to understand and sufficient detail
  • Flat fees, so they know in advance the total cost
  • Not being charged for every phone call, every copy (not “nickeled-and-dimed”)
  • Payment options (payments, financing, credit cards)
  • Regular progress reports (at no additional charge)
  • Returned phone calls within 48 hours maximum, preferably 24 hours
  • Free/validated parking
  • Starbucks. . .

Now you have some ideas for creating a survey. You also have some ideas for improving your services.

Don’t stop there. Dig deeper and see what else you can come up with for improving client relations. In the category of being “polite treatment,” for example, think about how you would make that occur. You might want to start another list:

  • Greeted by name upon arrival
  • Smile, eye contact, asking about their day
  • Shaking hands
  • Offering water, soft drink or coffee
  • Having coloring books or toys available for children
  • Box of tissues within reach of the client’s chair
  • Not taking calls or checking text messages during appointment
  • Introducing other staff who will be working on their case
  • Brief tour of the office
  • Patiently and thoroughly answering all questions
  • Walking them out after the appointment
  • Personal  thank you note from lawyer

What do clients want from their lawyers? If you were hiring a lawyer, what would you want? Write that down. Now you know.

Marketing is everything you do to get and keep good clients. Here’s the Formula.

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Email marketing for attorneys

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Yesterday, an email arrived in my inbox. See if you can tell what’s wrong with it:

–BEGIN EMAIL–
David,

First of all thanks you for subscribing over the years. I know
many of you have read my books or taken some of my courses
and I truly appreciate that.

The reason I have been so passionate in creating an online
business over the years is because it is the perfect way to
reach people worldwide and EXPRESS YOUR CREATIVITY.

I have tried the do this in my [Product names] . . . as well as my music.

——————————
QUICK NOTE:

Our once a year World Class [Product Name] Certification
Program starts next Monday June 10. Only a few spots left.

[Link to sign up]

——————————

THE SECRET OF LIFE

In my opinion it is doing what you love and sharing it
with others (and best of all make a living at it).

But rather than talk about it let me SING it to you
with some help from [Famous singer]…

[Youtube link of famous singer with writer of email]

In this You Tube channel you will see a part of me
many of you haven’t. In 1976 I got a Masters in
[Music degree, school]

. . .

–END EMAIL–

Okay, that’s enough. The rest of the email discusses his music and asks us to subscribe to his Youtube channel. He then mentions that he is working on another product and signs off.

So, what’s wrong with this email?

1. Who is this guy?

You can’t tell from the email itself but this is a list I signed up for a long time ago and I haven’t heard from this guy for at least six months. I don’t remember anything about him or what he does.

When people subscribe to your list, you have to write to them regularly or they forget who you are and that they signed up on your list. At best, they delete your email or unsubscribe. At worst, they flag your email as SPAM and now, when you do write to your list, your emails get filtered out and don’t get read.

You must write regularly, and frequently. You want to build a relationship with your readers, so that they know who you are and look forward to hearing from you. You don’t know when they will need to hire you, or know someone who does, and if you’re not in their mailboxes and their minds when that occurs, you’re not going to get the call.

2. “I know many of you have. . .”.

When you write to me, write to me. Don’t write in the collective. Say “you” not “many of you”.

Even if there are thousands of subscribers on your list, write your email as though it is a personal communication sent only to one reader. Me.

3. What’s in it for me?

When you write to me, tell me something that will make my life better. Give me something valuable–a tip, a link to something I can use in my business or personal life. There is nothing in this email that does that.

I’m blazing through my inbox, reading and saving a few emails that have something of value for me and deleting (and unsubscribing) everything else. If you want me to read your email, give me a reason. Give me a benefit. Tell me what’s in it for me.

4. “I have been so passionate about. . .”.

Your readers may care about what you are passionate about, but only if they share that passion or they have a relationship with you. The rest of us don’t care. We have our own problems to solve and lives to lead. We’re busy. We don’t have time to look at what you’re doing and did I mention, we really don’t care?

Ironically, I do share his passion for expressing my creativity. I also like the music of the famous singer he refers to. But I didn’t go watch his videos because I can watch videos of the famous singer any time I want. I don’t care that years ago, this guy played with him. So what? Lots of people did. I don’t know them, either.

On the other hand, when you have a relationship with your subscribers, you can share with them something about you that has no direct benefit to them, and they will pay attention.

When you have a relationship with someone, they’ll read your emails, Like and Tweet your posts, send their friends to your website, and respond to your requests. When they need your help, they’ll hire you. When they have a referral, they’ll give it to you. And when you share a video of you playing with a famous musician, they’ll go watch, because they probably don’t have a relationship with anyone else who did that and it might be neat to go see someone they know in a video with someone famous.

Build your list. Build relationships with your list.

Email marketing for attorneys. Click here for details.

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What to do when your clients don’t follow your advice

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A few months ago, I did a “one time” consultation with the partners in a law firm. They asked questions about getting traffic to their website and signing up more clients. I looked at their site and told them what I recommended.

At the end of the call, I had a feeling they didn’t like what I told them and would not be following my advice. But hey, I told them what they needed to hear, not what they wanted to hear.

That’s what we’re paid for, you and I. To tell people what they need to hear, even if they don’t want to hear it. Hey, this ain’t politics.

But what do you do when your clients don’t follow your advice?

You try again. And, if this had been an ongoing consulting arrangement, that’s exactly what I would have done.

When a client doesn’t follow your advice, you bring up the subject again and tell them why you recommend the course you do. You ask them why they don’t want to do what you suggest, or why they prefer to do something else. You have a frank discussion. And you supply them with third party documentation (articles from other experts, studies, and testimonials), proving you know what you’re doing and that your way is best.

But whether it’s legal advice, or marketing advice, sometimes you can’t prove that your advice is the best advice. It’s a matter of judgment, instinct, and experience, not something you can look up in a book.

What then?

Well, aside from documenting your advice in writing (hey, gotta cover the backside), you have two choices. You can either go with what the client wants or you can withdraw. If you’ve done your best to convince the client to follow a course of conduct and they choose not to, there’s nothing else you can do.

If you go with what they want and it doesn’t work out, some clients will admit that you were right and change course. That is if it’s not too late. If the decision turns out to be fatal but you did your best to persuade them not to go that way, they lose. Too bad, so sad.

True, some clients will never see the light. They’ll find a way to blame you. And you will lose them as a client. Too bad, so sad. For them.

Clients. You can’t live without ’em, you can’t bury them in the backyard.

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Marketing your law practice one hour a week

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If you only have one hour a week for marketing your law practice, I would spend that time on the phone. Here’s how I would break it down:

  • Twenty minutes speaking to clients and former clients. I would call new clients to say thank you (in addition to sending them a thank you card) and current and former clients to see how they are doing. These people put food on your table and are your best source of new business. Speaking to them “off the clock” is a highly leveraged marketing activity.
  • Twenty minutes speaking to referral sources. I would call other professionals I work with, thank them for their recent referrals, look for ways I can do something to help them, and brainstorm ways we can work together to our mutual benefit.
  • Twenty minutes reaching out to other professionals. I would call people I don’t know, to introduce myself, find out what they do, and see if there is a way we could can work together to our mutual benefit.

A law practice is a people business. We talk to people to strengthen our relationships and cultivate new ones. If you can’t meet people face to face, the phone is the next best thing.

In some ways, the phone is even better than face to face because there is no travel time. So, with only one hour a week, I would smile and dial.

Of course if I had two hours a week for marketing, I would use the second hour to have lunch or coffee with people I know and people I want to know.

This shows you how to set up marketing joint ventures with other professionals. 

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The only good lawyer is a dead lawyer

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In case you haven’t noticed, a lot of people don’t like lawyers. Hey, a lot of lawyers don’t like lawyers.

But why?

Because we help bad people get away with bad things? Because we’re mean? Because we earn a lot of money for doing nothing?

I guess there are lots of reasons. Most of which we can’t do anything about. But there’s one reason we can do something about.

A lot of people say they don’t like lawyers because we can’t be trusted. We lie. We don’t keep our promises. We say one thing and do another.

A lot of people think this. As long as they do, the legal profession will continue to be looked down upon and lawyers will have a harder time winning our clients’ trust.

What can we do about it? We can start by making sure we always keep our promises.

The other day I had a phone appointment with a lawyer. I called at the scheduled time, as we had arranged. The lawyer was “in with a client”. I was told the lawyer would call me back.

But he didn’t.

An appointment is a promise. Two people agree to meet or talk and they schedule it in their calendar. When someone doesn’t show up, they break that promise.

So, here’s the thing. If you want people to trust you, you have to do what you say you’re going to do. If you have an appointment, you keep it. If you say you’re going to call someone or you say you’re going to do something, you do it.

There is no gray area. There is no best efforts. As Yoda says, “Do, or do not. There is no try.”

If there is an emergency, okay, people understand. But you’ve got to tell them.

If you need to re-schedule, okay, that happens a lot. But you’re got to tell them.

Otherwise, they think, “flake”. “Doesn’t keep promises”. “Can’t be trusted”.

And people don’t want to hire lawyers that can’t be trusted.

Have you noticed how a lot of Texans who use the word “lawyer” intentionally pronounce it “liar”?

Now we know why.

If you want to learn more ways to build trust, get this.

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