Marketing opportunity for lawyers: FTC releases survey of identity theft

November 28, 2007 by
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FTC Releases Survey of Identity Theft in the U.S. Study Shows 8.3 Million Victims in 2005

Now that you know, do you know what to do about it?

Here’s the lead to their press release:

The Federal Trade Commission today released a survey showing that 8.3 million American adults, or 3.7 percent of all American adults, were victims of identity theft in 2005. Of the victims, 3.2 million, or 1.4 percent of all adults, experienced misuse of their existing credit card accounts; 3.3 million, or 1.5 percent, experienced misuse of non-credit card accounts; and 1.8 million victims, or 0.8 percent, found that new accounts were opened or other frauds were committed using their personal identifying information.

"Whether you’re from Malibu or Manhattan, Tacoma or Tallahassee, no one is immune to identity theft," said Lydia B. Parnes, Director of the FTC’s Bureau of Consumer Protection. "The important thing is that people learn how to deter identity thieves, detect suspicious activity on their financial records, and defend against the crime, should it happen."

The full story: http://www.ftc.gov/opa/2007/11/idtheft.shtm

The FTC Identity Theft site: http://www.ftc.gov/idtheft

Another FTC Identity Theft resource: http://www.ftc.gov/bcp/edu/microsites/idtheft/

Identity theft is a growing problem and some experts predict it will soon become an epidemic. As more people become aware of the issue, they will be seeking answers. Who better to provide those answers than an attorney?

There is no shortage of information available. In addition to the FTC, which, I believe grossly understates the scope of the problem, millions of web pages provide an abundance of data and real life stories of identity theft victims. A few hours of weekend research would provide enough background to make you conversant with the issues and various strategies for combatting the growing problem.

Armed with this knowledge, you could inform your clients, prospects, and referral sources, via your newsletter, ezine, reports, articles, web sites, seminars, and so on, and thus, position yourself as a valuable resource on the subject. That opens up all kinds of marketing opportunities for you. And, as identity theft becomes more prevalent, the value of your "expertise" on the subject could skyrocket.

There are five common types of identity theft, and anyone with a social security number is at risk. Personal information stolen from the victim themself is not the biggest risk. It is the vulnerability of the thousands of databases where that information resides. Every day we see evidence of this in the news–stolen laptops, hacking, insufficient wireless encryption. And no, we cannot stop identity theft, as some advertising would have you believe. All anyone can do is prepare themselves for the consequences in the event they become a victim. By the way, the odds of that happening, according to some estimates, will soon be in the neighborhood of one in four.

Your business clients are at risk as well, and so are you. New federal laws impose administrative and civil penalties, and even criminal liability, for failiure to safeguard certain non-public data, even if that data is not stolen. These laws apply to nearly any business that is in possession of that data, and that includes lawyers. Many states are considering (and some have already passed) even more stringent legislation. And, we’re starting to see the plaintiff class action bar sharpening their chisels. (Why is that not surprising?)

So, this is not something that’s going to go away. A lawyer friend of mine who has become a national expert in this field tells me identity theft will increase twenty-fold in the next two years. Bad news for consumers and businesses, but a marketing bonanza for astute attorneys who position themselves in front of the coming wave.

One more thing: some lawyers have developed a new practice area, consulting business clients on (a) how to comply with the new laws and (b) how to mitigate their exposure in the event of a breach. And many lawyers are starting to offer their (business and consumer) clients third-party identity theft protection services, both as a service to those clients and as a source of revenue. If you are interested in either one (consulting and/or offering third-party services), I’ll be happy to show you what I, and many other still-practicing attorneys are doing. 

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Filed Under: Client relations, Increase your income, Marketing legal services

What to put in your new client welcome letter

November 13, 2007 by
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There are many benefits to sending your new clients a "welcome" letter.

  • It allows you express appreciation by saying "thank you"
  • It shows that you are organized, which reduces anxiety and inspires confidence
  • It lets you assure clients of your commitment to helping them achieve their desired outcome
  • It lets you tell them what to expect, avoiding surprises and allowing you to deliver more than they expect
  • It orients them to office procedures (hours, whom to call, where to park, etc.), reducing confusion
  • It allows you to encourage the client to ask questions or express concerns
  • It can inform the client about your other practice areas (cross-selling)
  • It can let them know that you appreciate referrals
  • It let’s them know more about you, adding to your developing relationship

Your welcome letter should make the new client feel truly welcome, appreciated, and empowered. It should calm their fears, inspire their confidence, and innoculate them against negative consequences. They should conclude, upon reading it, that they absolutely made the right decision in choosing you as their attorney.

Welcome letters should be signed with an original signature, not a photocopy, or worse, left blank. Add a personal note, handwritten at the end of the letter, adding a comment about the client’s situation, family, or business, or an additional word of encouragement. Show the client that you took the time to personally ackowledge them, rather than asking your secretary to send out a form letter.

For a unique twist, consider an "audio letter". Simply record your welcome message and burn it onto a CD. You can add audio greetings from your partners and staff, too. If you really want to go crazy, you could record a video welcome letter onto a DVD. Take the client on a video tour of your office, introduce them to staff, show them your library, and so on. You should do this with them in person, of course, but this is nice added touch.

Is your welcome letter doing everything it could? If not, take the time to make it better. You won’t get another chance to make a first impression.

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Filed Under: Client relations, Communication, Law office management, Thank you letters Tagged With: , , , , , , , , , , , , , , , , , , ,

“The 30-second rule”: more clients and better verdicts?

October 22, 2007 by
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In a recent post, How to make people like you, I said that a positive attitude is a key to getting people to like you, especially when dealing with people facing stressful situations. Being liked may not be first on the list of traits you associate with success in the legal field, but countless studies demonstrate that people prefer to do business with people they know, like, and trust. All things being equal, clients will choose you and referral sources will refer to you, because they like you.

Let’s face it, even litigators benefit when juries, judges, adjusters, and opposing counsel like them.

Books like The Likeability Factor: How to Boost Your L-Factor and Achieve Your Life’s Dreams by Tim Sanders and 25 Ways to Win With People:How to Make Others Feel Like a Million Bucks by John C. Maxwell and Les Parrott substantiate this and offer specific strategies for achieving greater likability.

Maxwell and Parrott say the way to make people like you is to make them feel good about themselves when they are with you. One way to do that is with something Maxwell calls, "The 30-Second Rule: within the first thirty seconds of a conversation, say something encouraging to a person."

Maxwell learned this from his father who taught him that when you make contact with people, instead of focusing on yourself, search for ways to make them look good. It could be saying thank you for something they have done for you or someone you know. You might praise them on an accomplishment, or offer a word of encouragement as they work towards a goal. Or you might simply compliment their appearance.

Maxwell encourages us to ask ourselves, "What positive, enouraging thing can I say to each person I will see today?"

With whom is your next appointment? Who will you be speaking with later today? Think about what you could say to them that will make them feel good about themselves, and say it.

This may feel uncomfortable, at first, but give it a try. What might surprise you is how good you feel making others feel good about themselves.

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Filed Under: Book review, Client relations, Image, Relationship marketing Tagged With: , , , , , ,

How to make people like you

October 8, 2007 by
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No, I’m not talking about cloning. (Sorry. Couldn’t resist.)

Psychologists tell us that the most important ingredient for success in personal and business relationships is “liking”. The more people like you, the more success you will tend to have.

The Law of Association says that people associate how they feel about you with how they feel at the time they meet you. If they are in a good mood when they meet you, they tend to associate those good feelings with you and, as a result, be more inclined to like you.

“If you want to be liked by a person, try talking to him when he is in a good mood or excited about something. These feelings are anchored and associated with you, and this person will then come to have positive feelings toward you,” says David J. Lieberman, Ph.d, author of “Get Anyone To Do Anything.”

Most people meet an attorney under times of stress and difficulty. Your challenge, then, when meeting new clients is to make them feel hopeful and positive about solving their problems and about the future. As early in your first meeting as possible, you need to make them feel that “everything is going to be alright”.

That ties into another psychological principle cited by Dr. Lieberman as being a factor in “liking”: positive attitude. “We all seek, like, and admire those who have a positive, happy outlook and perspective on life. Why? Because that is what we all want,” he says.

Don’t worry. Be happy. Get folks to like you.

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Filed Under: Client relations, Image, Relationship marketing Tagged With: , ,

Clients don’t care how much you know. . .

September 25, 2007 by
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A few years ago, my wife had a potentially life-threatening illness. I went with her for a consultation with a physician who had been recommended to us as one of the top in the field.

Doctor after doctor spoke highly of him. Virtually everyone also remarked about how nice he was.

He had the right credentials, including being selected as one of the “Best Doctors in America,” and a busy, successful practice. We were fortunate to have found someone as competent and well regarded as he.

But I didn’t like him.

For one thing, when he came into the office where my wife and I were seated, he didn’t talk to us, he talked “at” us. He talked about his practice and his partners and the surgeries he had performed, as though he were presenting his CV to a panel of physicians rather than counseling real people at a vulnerable time of their lives.

He asked a few questions, but I wasn’t sure he listened to the answers. He looked at the records as he spoke, making notes, reading, doing what seemed to me what he should have done before he came into the room. There was no humor about him, nor a glimmer of lightness or humanity. No small talk. No smile.

What bothered me most, though, was that he didn’t look at us. No eye contact at all. As he talked, his eyes were on the medical records. He didn’t look up!

It was as if we weren’t even in the same room.

He told us my wife should have surgery, buzzed his nurse to arrange it, and that was that. Next case!

My wife felt that not looking at people was his way of dealing with all the death he must surely deal with every day. She was willing to dismiss this as quirkiness, in view of his outstanding reputation.

I wasn’t. His demeanor troubled me. I thought a doctor could be competent AND show some humanity.

We wanted a second opinion and got a referral to another doctor of equally high reputation. I liked him immediately. Not only was he friendly, when he talked, he looked us squarely in the eye. Unlike the first doctor, he patiently explained what was in the records, drew, on paper, a diagram of what he was referring to, and described the different choices that were available to us.

Choices!

He told us the pros and cons, and helped us weigh them. He let us know that the final decision was up to us, but he felt we were entitled to his opinion and recommendation, which he gave us (an alternative to surgery!)

I liked the way he weighed the “evidence” and helped us follow a logical path to the ultimate conclusion. It was as if he were saying, “Let’s look at this together so you can see what I see.” It reminded me of how I would speak to clients when it was time to consider going to trial.

Of course we preferred the second doctor’s opinion, but even if it had been the same, the bottom line is that the second doctor made us feel like he cared.

Doctors and lawyers counsel people in times of trouble, and we must never forget that our bedside manner is at least as important as our technical competence.

In the end, clients don’t care how much you know until they know how much you care.

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Filed Under: Client relations Tagged With: , , , , , , ,

How to get more clients to hire you

September 20, 2007 by
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Lawyers often tell me they have trouble "closing the sale". What they’re really saying is they don’t know how to handle objections. I addressed this in an article, "What to say when the client says, "I want to think about it". But the best way to handle objections is to eliminate them before they ever come up.

In your marketing materials, your live presentations, your comments after a free consultation, make sure you answer these four "unspoken questions" that reside in every prospects mind:

1. What can you do for me?
2. Why should I believe you?
3. How long will it take?
4. Can I afford it?

Let’s look at these a little closer.

1. What can you do for me?

The number one reason why clients don’t authorize the work to be done is that they don’t see the need. Your job is to show them why they need what you are offering, and make the case so compellingly that when you are done, they not only see that need, they truly WANT what you offer.

Here, you must distinguish between FEATURES and BENEFITS. Features are what you do. Benefits are what the client gets as a result.

For example, preparing a Living Trust is a feature; it’s WHAT you do. But what’s important to the client is what happens when you do that. Tell them about the peace of mind, protection, savings, and control they will have as a result of your preparing that trust. That’s what people REALLY want.

In addition to telling them the benefits they gain when they hire you, tell them the potential consequences they face if they do not. What might they lose? What detriment might they suffer? Fear of loss is almost always a more powerful motivation than the desire for gain.

2. Why should I believe you?

Prove what you say by providing evidence of the following:

  • Your background, education
  • Awards and distinctions
  • Articles, seminars, speeches
  • Testimonials from satisfied clients
  • Endorsements from other professionals
  • Number of clients, cases, trials, verdicts, etc.
  • Success stories; results you have obtained for other clients in a similar situation

You can also "prove" your expertise via the advice you offer during the initial consultation. If you sound knowledgeable, most people will tend to believe you know what you are doing.

Most of all, clients want to hear that you have done for others what you propose to do for them. Therefore, weave into your consultation, writing or presentation, examples taken from other clients or cases.

3. How long will it take?

Tell them WHEN they can have the benefits you promise. Everyone is in a hurry today; nobody wants to wait.

Clients also fear open ended time lines, especially when your meter is running. Be up front with them. Tell them how long it will take, and what factors might contribute to delay. If possible, guarantee a delivery date. Make sure you under-promise so you can come in early and over-deliver. When you can’t control the time factor, limit their risk by offering flat fees.

4. Can I afford it?

Once a client is convinced they need what you offer, they want it, and they believe you can deliver it, the only thing left is whether they can afford it. Here are some ways to convincing them that they can:

  • Distinguish cost vs. value. Focus their attention on what they get, not what they pay
  • Enhance the value of what they get by providing bonuses, free updates, and other incentives
  • Limit their risk with flat fees and guarantees
  • Show them that what they pay is only "X per day"
  • Make it easy with payment plans and accepting credit cards
  • Give them options and let them choose which "works best" for them. You want them deciding between option A and option B, instead of "yes" (hiring you) and "no" (not hiring you)

Answer these questions before they ask them, and you’ll have more clients writing you a check. And if they still say, "I want to think about it," here’s what to do.

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Filed Under: Client relations, Closing the sale, Handling objections Tagged With: , , , , , , , , , , , , , , , , , , ,

Do you make prospective clients uncomfortable?

September 14, 2007 by
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After a wind storm left us in need of some roof repairs, my wife and I and some of our neighbors called several roofers and asked them to evaluate the damage and provide estimates for the repairs. It quickly became obvious that none of us was capable of judging the quality of one roofer’s work from another, and so we were left with comparing notes about our general impression of the individuals who came to give estimates.

One guy showed up to our house and without ringing the door bell, climbed on the roof. When he was done, he didn’t ring the bell to let us know who he was or what he found, he just left. He called four hours later, but we had already decided he was not going to get our business.

Another guy wrote his estimate on cheap "invoice" forms from a stationery store.

Most of the roofers didn’t show up on time. Some wouldn’t even give us a time.

We went with the one who showed up on time, looked clean and professional, had printed estimate forms, and looked us in the eye when he talked to us. He wasn’t the cheapest, and we don’t REALLY know if his work is any better, but his professional appearance and demeanor made us feel comfortable.

So my question to you is, What impressions do you give your prospective clients?

Most of your clients are not qualified to determine the quality of your work. They base their decision to hire you primarily on their overall impression of. . . you.

Time to take inventory. . .

Are you clothes neat and well-fitting? Are your shoes in good repair and polished? Is your hair neatly trimmed? Does your necktie have spots on it? Are your finger nails clean and trimmed?

My wife tells me women look at the nape of a man’s neck to see if they need a haircut. They look at your shirt collar to see if it’s clean. She says they don’t like men to wear nail polish (buffing is okay), pony tails, or ostentatious jewelry, and they always look at your shoes.

Is your stationery professionally printed? Is your office clean and tastefully furnished? Does your briefcase convey that you are successful?

First impressions are critical to your success. In fact, experts tell us that people make up their minds about us in the first two seconds.

Two seconds!

Their first impression determines whether they like you or not. Everything after that is colored by that first impression.

When people like you, they see the best in you. When they don’t, they tend to see the worst.

Make sure their first impression is a good one.

And be careful. You have to know your clients.

If you target middle class clients and they see you drive up in an exotic automobile or you have expensive artwork in your office, they may think you’re too expensive for them. I know one lawyer who swears he lost a trial because a few jurors saw him pull into the parking garage in a Porsche.

People have expectations about how an attorney should look and act, and you should meet or exceed those expectations. If you don’t, you’ll make them nervous. If they expect an attorney to have an office and wear a necktie, for example (and most do), and you work from home and wear bluejeans, don’t be surprised if they hire someone else. You may be the better lawyer, but it doesn’t matter–perception trumps reality.

But clients also want to hire someone they can relate to as a human being. Your task is to strike a balance. Give them the image they expect but also a person they can talk to.

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Filed Under: Client relations, Image Tagged With:

How to leverage CLE time

September 12, 2007 by
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Kiyosaki (see previous post) says leverage is “doing more and more with less and less”. One way to accomplish this is by making the time you spend in Continuing Legal Education do “double duty” for you, as the following letter from one of our subscribers attests:

“One idea that I have found very useful in building clients’ perceptions of credibility and reliability is the faxing or emailing of regular snippets of industry-specific information.

“For example, I have been wooing a client in the commercial construction business. Although I am not an expert in construction law. . . I came across an interesting summary of late breaking developments in subcontractor liability in the latest issue of the [his state Bar] Journal. I immediately copied it and faxed it to my contact (the executive v.p.) with the note, “I thought you might find this interesting.”

“I then added a quick blurb about how this is precisely what we do proactively for our business clients to keep them on the cutting edge of their field.

“This practice keeps me alert to my client’s needs, motivates me to stay on top of “hands-on” CLE information, and lets the client know about my concern, competency and desire to excel.”

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Filed Under: Client relations, Continuing Legal Education, Leverage Tagged With: , , , , , , , , , , , , , , , , , , ,

When a client “has a problem”. . .

September 6, 2007 by
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I was in Philadelphia for a convention a few years back and stayed at the very classy Downtown Marriott, adjacent to the Convention Center.

On the morning we were checking out, our bill was slipped under the door. Unfortunately, it was nearly double the rate I had been quoted.

I went to the front desk, expecting an argument. How could we be that far off? I had an email confirmation reflecting the rate I had been quoted–a very good rate, I came to find out. It’s true that at the last minute I had changed the number of occupants and bed sizes, but I didn’t think that should make a difference–at least not that much of a difference.

The lawyer in me was prepared to fight!

I told the clerk that there was a problem with our bill. She responded by saying that there were no problems, just issues that need to be dealt with.

How refreshing! She totally diffused the situation, and reminded me that problems are really opportunities in disguise. She didn’t argue or defend or excuse. She apologized, told us it would take a few moments, and set to work on her computer to create a new bill at the rate I had been quoted.

In the process, she made me feel good about the hotel. The memory that will forever be imprinted on my mind is not of the problem but of how they took care of me. They trusted me, respected me, and showed me they cared.

When you have a client with a problem or complaint, don’t be embarrassed or upset, celebrate! That problem is a opportunity to come charging in on your white horse to save the day.

Give them the benefit of the doubt. Fix it, in their favor. Do "the right thing" even if it wasn’t your fault.

Studies show that when a client has a problem and you "fix" it, they often become one of your best, most loyal clients. They feel good about you and return to you and tell everyone about how great you are.

When you travel to Philadelphia, you might remember that I told you that the downtown Marriott cares about its customers. Think about that the next time a client calls about a problem with their bill.

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Filed Under: Client relations

Do you have arrangements or relationships?

August 30, 2007 by
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I have an arrangement with my dry cleaner. I bring in clothing, he cleans them, I pay. The arrangement works for both of us. We each know what is expected of us, we do it, and we both benefit.

In contrast, I have a relationship with certain business associates. Like my arrangement with my dry cleaner, my business associates and I know (generally) what is expected of us and we all mutually benefit from our relationship. 

But arrangements and relationships are different.

Arrangements are tidy and business-like. The parties know what to do, it’s understood that they will do it, and it usually gets done without a hitch.

Relationships are untidy and time-consuming. There is an emotional element to them. The unexpected often happens, and the consequences can be seriously detrimental.

Relationships are deeper than arrangements, and stronger. Relationships are the foundation for building a strong professional practice. Arrangements come and go, but relationships can last a lifetime.

Do you have arrangements or relationships with your clients and professional contacts? Surely you have both. But unless you have a core group of relationships, your future success is on shaky ground.

If your clients hire you because you do good work and only because of that, your future business with them is as much "at will" as the business I give my dry cleaner. It would not take much to woo me away to another dry cleaner. One screw-up might be all it takes.

Who refers you business? Do you have arrangements or relationships with them?

Relationships are equity. If you work hard for 5-25 years and all you have to show for it are a multitude of arrangements,  then every year you are starting over, and your income is as unpredictable as it was your first year.

You don’t have to develop relationships with everyone. You couldn’t even if you wanted to. Relationships are messy and emotional and require dedication and personal time to develop. You only have time to develop a few relationships, but a few is all you need.

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Filed Under: Client relations, Referral sources, Relationship marketing Tagged With: , , , , , , , , , , , , , , , , , , ,
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