What would it take for your clients to say bye-bye?

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What would it take for your current crop of clients to leave you? What would make them say “enough” and hire another attorney?

Ponder on this for a bit. How might you offend them? What promises would you have to break? To what level would your standard of care have to fall?

It’s good to know these things so you don’t do them. And so you can work on strengthening what you do in each of those areas.

One area to consider are your fees. If you’re doing things right, fees aren’t the most important consideration for most clients. In surveys I’ve seen it’s number four on the list of factors for hiring an attorney, after things like “keeping them informed/availability” and other service-related issues.

If fees aren’t the number one factor, you have to ask yourself how much more you could charge before clients start to leave.

Could you safely raise your fees by 20% without losing clients? How about 30%? Could you double your fees, or triple them?

If you increased your fees and lost some clients, what percentage would be tolerable? Consider the added income you would bring in from the clients who didn’t leave and from new clients who signed up at the higher level?

When it comes to fees, surely even the most loyal client has a breaking point, right?

Maybe not.

I mentioned in a prior post a conversation I had with an attorney who was spending thousands of dollars a year on auto insurance for the family’s three cars. I asked her if they had shopped other carriers to see how much they might save. She immediately told me that she would never do that.

They like their agent and have been with him for years. He provides them with good service and they would never consider going anywhere else.

“What if you could save $2000 a year?” I asked her, and pointed out that this was entirely possible.

“No,” she said, they wouldn’t switch. They’d had other agents before and were disappointed with them, so they really appreciate (and are loyal to) their current one.

It didn’t matter that they might be grossly over-paying for something they might never use. It didn’t matter that if they did file a claim, the agent has little or nothing to do with whether or not that claim is paid, or how much.

Most people, myself included, look at auto insurance as a commodity. There are lots of places you can buy it. A few phone calls or online applications might allow you to save as much as two-thirds for the same coverage.

But this didn’t matter to her.

Granted, auto insurance isn’t purely a commodity. There is a service aspect to it. But how much is that worth?

Apparently, more than some people think.

Now, if this is true for auto insurance might it also be true of legal services? Something that isn’t a commodity (or shouldn’t be)?

I say yes. Which means that if you do a good job for your clients, you might be able to safely charge significantly more than you do now.

Especially if your clients have had other attorneys and were disappointed with them.

Fees, billing, and collection made simple

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Too hot, too cold, or just right?

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If you give prospective clients too many options for hiring you, you risk confusing them, and a confused mind usually says no.

If you only give them one option, however–hire you or don’t–you may lose them for other reasons.

The objective is to find a balance between too many  options and not enough.

Take a look at each of the services you offer. Are there too many choices? Are you confusing them with variables, add-ons, upgrades, and optional services that make it difficult to choose?

If so, look for ways to simply those options. Aim for clarity. Make it easier for them to decide.

If you don’t offer any options, however, if you give them a choice between “A” or “nothing,” look for ways to provide them with a second option. Something that adds value without adding confusion.

Let them choose “A” or “B” because whichever one they choose allows them to get the benefits they seek, and allows you to get a new client.

Sometimes, a third option is warranted. Should you offer it as option “C” along with the first two options? Should you hold back and offer it later? Or should you include it as a free bonus for choosing your higher priced package?

The answer is: I don’t know. And neither do you.

You could look at what other lawyers offer. You could conduct surveys and see which option prospective clients say is the most attractive. You could “go with your gut”. But the only way you’ll know for sure is to offer different options it to prospective clients and see how many sign up.

If you’re still not sure, start with two options. Price the second option higher than the first, but not a multiple of the first. $3,000 and $4,000, but not $3,000 and $10,000.

If you charge by the hour and you don’t offer any flat fees or packages, look for ways that you could do that because more clients will sign up when they know in advance how much it’s going to cost.

Master the art of successful billing and Get the Check

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Solve problems by asking “why?”

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Toddlers are experts at asking “why?” Why do I have to go to bed? Why can’t I have ice cream? Why are you and daddy wrestling with your clothes off?

They ask why so they can better understand the world around them. When they get an answer they don’t like or don’t understand, they ask why again.

Adults also ask why. But unlike our little tykes, we often accept the first answer and fail to dig deeper.

If you realize that you’re not going to have enough money to pay all of your bills this month, for example, and you ask yourself why, you might look at your accounts receivable and solve your problem by sending out “late” notices to clients who owe you money.

That might be a good idea, and it might solve the immediate problem, but it doesn’t help you to get to the root problem.

So next month, you might again have a shortage of cash.

Asking “why” you have a problem helps you find the solution, but asking once may not be enough, as this post explains.

In Japanese, Kaizen roughly translates to “continuous improvement”. One of the discipline’s techniques for problem solving is to ask “why” 5 times. This helps you find the root problem.

Here’s how you might apply this to your money problem:

  1. Why don’t you have enough money to cover this month’s bills? Because I don’t have enough clients.
  2. Why don’t you have enough clients? Because I don’t do enough marketing.
  3. Why don’t you do enough marketing? Because I’m not good at it.
  4. Why aren’t you good at marketing? Because I haven’t found enough strategies that I am comfortable using.
  5. Why haven’t you found enough strategies? Because I haven’t spent enough time learning about the available options or how to use them.

The root of your money problem, and the solution thereto, is thus revealed.

If you stop asking “why” after your first answer (not enough clients), you may not discover a solution other than sending out late notices. If you stop after your answer to the third “why,” (you’re not good at marketing) you might conclude that things are hopeless for you in this department and give up.

Ask why 5 times and see where it takes you.

Why? Because I said so. Now go play with your toys. Mommy and Daddy are busy.

Avoid having to send out late notices with this

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Time is money. Unless it’s not.

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If you bill by the hour, time literally is money. You get paid based on how many hours you work. If you offer flat fees, contingency fees, or anything other than hourly billing, however, time isn’t money. It’s just time.

When you bill by the hour, there are only four ways you can increase your income. You can raise your hourly fee. You can work more hours. You can lower your overhead. Or you can hire people to do some of the work and pay them less per hour than you bill your client.

Unless you use one or more of these methods, you can’t increase your income. Bringing in more clients won’t do it because there are only so many hours you can bill in a day.

If you want to earn more, instead of selling your time, you should be selling your advice or your problem-solving solutions. Not only will you earn more per client, the more clients you bring in, the more you will earn.

If you charge $400 per hour and bill out $2000 per day, you’re earning $10,000 per week, which is nothing to sneeze at. But you’ll never earn $30,000 per week.

I know it’s “hard” to come up with an alternative to hourly billing that protects you when you estimate too low or when contingencies occur, but it’s not impossible.

First, you need to stop thinking like a lawyer and start thinking like an entrepreneur. Instead of trying to eliminate risk, you will intelligently manage risk and use the law of averages to your advantage

If you take on twenty hourly-billed clients who each pay you $5000 to $20,000, or an average of $10,000, you take in $200,000 in gross fees. If you charge flat fees, however, and twenty clients each pay you $15,000, you gross $300,000. Now, if one or two of those twenty clients or cases wind up costing you more than you expected, even double what you expected, you’re still way ahead of the game.

I know I’ve said this many times before but I thought it was time for a reminder. Because time isn’t money. Unless it is.

How to earn more per client: here 

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Cheap legal services are too expensive

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I don’t buy a lot of clothing but when I do I favor quality over quantity. One reasonably expensive suit not only looks better than its cheap counterpart, it lasts longer, too. The same goes for dress shirts and shoes.

An article I read this morning agrees with me. It says that cheap clothes ultimately cost more and recommends buying quality instead.

The same can be said for cheap legal services.

You don’t want people to hire you because you’re cheaper than the other guys. You want them to say, “He costs a bit more but he’s worth every penny.” And you want them to know why.

You want people to understand the risks of hiring an attorney solely because they charge less and the benefits of hiring a high quality albeit more expensive alternative.

Like you.

Most people have a difficult time discerning this difference so it is important that you educate them. Help them to understand that cheap legal services are usually too expensive.

On the other hand, the smart play in marketing your services isn’t to target the masses and educate them about this difference. It is to target that segment of the market who already know this and are willing to pay more to get more.

Target the top 20% of your market and show them a lawyer who costs more and is “worth every penny”. Most attorneys don’t do that. They target the bottom 80% of the market and while they might not overtly compete on “price,” it’s obvious that being competitive on fees is baked into their essence.

You don’t need to be the most expensive lawyer in town, but you should at least be in the top one-third. And make sure you’re worth it.

How to write an invoice clients want to pay: click here

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Running a law practice like a restaurant

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The restaurant business is an especially challenging business model. There is so much money at stake, and so many things that can go wrong, it’s no wonder that so many restaurants fail. And yet, when you get it right, a restaurant can be remarkably profitable.

Customers come back again and again, word-of-mouth brings more business, and before you know it, you’re hobnobbing with the culinary elite. Or something like that.

In a way, a law practice is like a restaurant. You’re in the service business. You have to get a lot of little details right. Your menu is similar if not identical to the menu offered by the lawyer next door. If you want your customers to come back, you have to please them. If there’s a problem, you have to fix it.

When a restaurant insists on being right, they often win the battle and lose the war. Charging an extra $1.50 for a slice of cheese on a burger, or being overly aggressive in pushing customers to order appetizers or dessert, may earn a higher profit on that customer’s visit but it may also be decidedly shortsighted.

When a customer comes into your establishment, as the owner of that restaurant your primary goal shouldn’t be to earn as much as possible from each transaction. Your primary goal is to make the customer want to return.

Running a law practice is no different.

Even if you predominately have one-time clients who never need your services again, you should bend over backwards to please them because each one-time client can send you referrals. And they will, if you treat them right.

Opening a law office requires only a fraction of the capital investment required by a restaurant. Your investment comes later. Each time you give your clients more value, you are investing in their return and referrals.

I hear tales of lawyers arguing with their clients over a $100 billing issue. That’s silly. Let them win, even if they are wrong, even if they are taking advantage of you. In most cases, your investment will pay off.

No, don’t be a sucker. If a client fights you over everything and is making you and your staff miserable, you have to draw the line.

Tell them to try the restaurant down the street.

How to handle billing issues like a pro

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Tell clients why you’re worth more than other lawyers

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You’re not the cheapest lawyer in town. That’s good. You don’t want clients who want the cheapest lawyer in town, you want clients who understand that they get what they pay for and who are willing to pay more to get more.

Have you explained this to your clients and prospects? If not, you should.

On your website, in your marketing materials, when you are speaking to a prospective client, tell them that you’re not lowest guy or gal in town. Tell them you cost more than other lawyers and then tell them why you are worth it.

First, tell them why low-cost legal fees aren’t always what they seem. Tell them that some lawyers hold down costs by

  • Using lower paid staff to do much of the work, increasing the chances of errors or poor results
  • Advertising only part of the work the client will need, when they often need more
  • Billing separately for costs and other things that drive up the overall cost
  • Cutting corners in terms of customer service

Of course you’ll also mention that most lawyer who charge lower fees do so because they have less experience.

Then tell them why you are the better choice:

  • You have more experience (years practicing, number of clients, prestige clients)
  • Your staff has been with you for X years and are smart, efficient, and your clients love them
  • You get better results (verdicts, settlements, notable wins, endorsements, testimonials, awards)
  • You are top dog (you teach CLE, Judge Pro Tem, arbitrator, mediator, articles by you, articles about you, books you’ve written, speaking)
  • You specialize (so you are better at what you do, and more efficient)
  • You specialize in your client types (so you know their business, their issues, their problems, etc.)
  • You offer something others don’t (your unique selling proposition)
  • You offer flat fees or other alternatives to hourly billing, so your clients know in advance what they will pay

Also tell them what you do to keep your expenses down: you aren’t on Rodeo Drive, you don’t advertise, you have systems in place that allow you to do your work more quickly and efficiently, and so on.

If you want clients who willingly pay higher fees, tell clients why you’re worth more than other lawyers.

How to write a bill clients WANT to pay

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Are you too good at your job?

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Your clients want you to solve their problems. The quicker you can do that, the better, right?

Maybe not.

If you’re too good at your work, if you finish too quickly and display an apparent lack of effort, your clients may not appreciate your superior ability and may object to the amount you charge.

Psychologist Dan Ariely tells a story about a locksmith who told him that as he got better at his job, his customers didn’t value what he was able to do.

“He was tipped better when he was an apprentice and it took him longer to pick a lock,” he said. “Now that it takes him only a moment, his customers complain that he is overcharging and they don’t tip him.”

“What this reveals is that consumers don’t value goods and services solely by their utility, benefit from the service, but also a sense of fairness relating to how much effort was exerted,” Ariely explains.

So what should you do if you’re too good at your job?

Perform some magic. A little slight of hand.

Don’t let clients know that you did the work without breaking a sweat. If you can prepare a document in 30 minutes, because you have the forms and because you’ve done it 100 times before, consider holding onto it for a few days before sending it to the client. Let them think that you worked and re-worked the document to get it just right.

Caveat number one: Don’t lie. It’s okay if they think you took three days to do it, but don’t tell them you did. Also, if you bill by the hour, obviously you shouldn’t bill for more time than you actually took. (Yet another argument in favor of jettisoning the billable hour.)

Caveat number two: Don’t overdo it. Many clients do see a benefit to your ability to get the work done quickly. In fact, quick turnaround might be a marketing point of differentiation for you. So don’t drag things out.

The best course of action is to manage your clients’ expectations. Under-promise so you can over-deliver. If you can do it in 30 minutes, promise to deliver it in a week. Then, deliver it in three or four days.

Marketing legal services is easier when you have a plan

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It’s all about keeping your clients happy

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Nobody would argue that keeping your clients happy isn’t vital. Clearly, it is the genesis for repeat business, referrals, and getting paid on time. But is keeping your clients happy paramount?

No. Keeping your employees happy is more important.

If you don’t keep your employees happy, you can forget about keeping your clients happy.

By the same logic, keeping yourself happy is more important than keeping clients happy. If you’re not happy, you won’t be much good to anyone else.

In response to yesterday’s post about not negotiating fees, a personal injury lawyer wrote and said he disagreed. “It’s all about keeping your clients happy, so they will return and refer,” he said.

Yes, smother your clients with love and attention. Remind them often about how much you appreciate them and want to help them. But just as a parent doesn’t need to buy his kid a pair of $300 sneakers when he asks for them, lawyers don’t need to buy our clients’ love by agreeing to cut our fees.

I showed my clients I cared about them by taking cases with questionable liability and negligible damages. I showed them that I was on their side and would fight for them when they asked for my help, even when I thought we would probably lose the case, and even if we won, I knew I wouldn’t earn much of a fee.

I also waived my fee on many cases, or cut it voluntarily. When it’s your idea, you are a hero. When the client asks (or insists), you’re just a commodity.

So be generous with your clients. But do it because you choose to do it, not because you might lose them if you don’t.

The writer also said he doesn’t think his other clients know when he cuts his fee for a client who asks him to.

Question: What happens when client A (who got a discount) refers client B? Does he offer the same discount to client B? If he doesn’t, what happens when the new client finds out that you charged his friend less?

And what happens when client A returns with another case? Does he get the discount on that, too?

Cutting fees is a slippery slope. I know. I once had an office in a market where all of the PI lawyers ran dueling ads promising increasingly lower contingency fees. You charge one-third, the next guy says he’ll take the case for 25%, three more lawyers advertise 20%.

When it got down into the 8-10% range, I’d had enough and closed that office.

With low overhead and high volume, I was still making a profit. But I wasn’t happy.

For more, see The Attorney Marketing Formula and Getting the Check

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Should I ever cut my fees for a client who wants to haggle?

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A Mr. Richard Feder of Ft. Lee, New Jersey, writes. . .

Sorry, I’m stuck in the 70’s.

A lawyer emailed and says he has a client who is questioning his fees and wants him to reduce it. “Should I cut my fees,” he asks. He’s afraid it would open the door for her to ask again and again. Not to mention what might happen if word gets out and other clients and prospects get wind of it.

The short answer to this question is “no”. Don’t do it.

Don’t negotiate fees or cut them for an individual client. Doing so assails the integrity of your fee structure. “You will? Oh, so that means all of the other times I’ve paid $X, you were overcharging me?”

Explain that even if you were willing to lower your fee, this would be unfair to all of your other clients who pay your regular rates. It would also be unfair to you, since you would be working for less than the fair market value of your services.

If she owns a business, ask what she would do if her clients or customers asked her to cut her fees or prices. If she has a job and her employer asked her to work for less pay, would she do it?

Ask her to explain why she is asking you to cut your fee. If she says you charge more than other attorneys charge, explain to her how you are different or how you are worth more, e.g., you have more experience, you have a better track record, you get the work done faster, you offer other benefits they don’t offer, and so on.

Show her that you charge more because you are worth more.

If she says she just doesn’t want to pay it, that’s a different story and it’s easy to handle.

Let’s say she’s asking you to cut your fee from $7500 to $5500. After you explain why you cannot do this, tell her that you would be happy to provide her with $5500 worth of work if that is more in line with her budget. At her option, she can get the rest of the work done later.

Or, you might suggest different terms, where the work is done in phases, over an extended period of time.

If this is not acceptable, graciously offer to provide referrals to other attorneys you know who might help her at a fee that is in line with her needs and her budget.

Be strong. Don’t negotiate your fees. If a client leaves because of it, they weren’t worth having as a client.

For more, see The Attorney Marketing Formula and Getting the Check

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