Do, then learn

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We went to law school to learn how to practice law. Learning came first, then doing.

Generations ago, it was the other way around. You began by “doing”–working as an apprentice for a practicing lawyer, and getting experience working with real clients and real cases.

Most book learning was done in the context of those cases.

By and large, it was “do, then learn.” Or at least “learn while you do.”

I’m not saying we should go back to that way today. Although more “clinical” work early on might be a good idea.

But with learning other skills, marketing, for example, “Do, then learn” is something every practicing lawyer should consider.

Because the best way to learn almost anything is to do it.

You don’t really need more information. You need to take action.

Run an ad and see what happens. Call someone and introduce yourself. Post something on a blog or on social media, write something, record something, outline something, and as soon as possible, get it out into the world.

Even if it’s not ready.

You’ll learn faster that way. You’ll learn from your mistakes. You’ll get feedback and ask yourself questions and figure out how to answer them, guided by your real-world experiences.

Book learning has its place, of course. It can give you ideas and tips on how to do things properly, how to improve and get better results, but until you go out and do them, it’s all theory.

Many of use learning as an excuse to avoid doing. We tell ourselves we need to read more, take another course, get a coach, or do other preparation, because we’re afraid to get started.

We procrastinate because we’re afraid we might fail. Or because we believe we need “motivation” to get started.

But action precedes motivation, not the other way around.

So do something. Take the first step, or the next step. Start small, see what happens, fix it, make it better, or do something else.

Do, then learn. And let what you learn provide the motivation to continue.

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Why we don’t do things we know we need to do

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We talk about how our clients don’t always listen to us, but there’s someone else who doesn’t listen to us.

Us.

We don’t always do things we know we should do. Things that are good for us, that serve our purpose and help us achieve our goals. Things we’ve told ourselves we need to do.

Marketing is a perfect example.

We know we should allocate time each week to doing things to bring in new business. Too often, we don’t.

We know the benefits of staying in touch with our clients and prospects and professional contacts. We tell ourselves we will, but we don’t do it, or do it enough.

We know we should network, keep our name in front of people in our niche, update our website, create new content, improve our skills. . . but. . . well, you know.

We’re rational. We know we have to bring in new business and that it’s not going to happen on its own. We also know we have the wherewithal to do the things we need to do.

So why don’t we do them?

Because we don’t really believe the story we’ve told ourselves.

In truth, we think we’ll be wasting our time or money doing things that won’t work, or won’t work well enough to justify that time or money.

Or we think we’re not good enough at the things we need to do and it won’t be worth the investment to get good.

It comes down to our beliefs. Because if we believed in the necessity and value of marketing (or whatever the subject) and our ability to do it well enough to get the results we seek. . .

We’d do it.

But we don’t believe it, so we don’t.

And therein lies the solution.

We need to change our beliefs.

How do you do that?

For some, more information is the answer. Learning the specifics of what to do and how to do it might be all they need to see the light.

For others, seeing what others have achieved might inspire them to take the plunge.

But many people won’t change their beliefs until they see their own positive results, which means they have to find a way to get started even though they don’t believe, and stick with it long enough until something positive happens.

What’s best for you?

That’s what you have to figure out.

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Never say this to a client

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You’re good at what you do. Perhaps very good. You’ve won a lot of cases, helped a lot of clients get great outcomes, and, objectively speaking, you are a damn fine lawyer.

Keep that to yourself.

Yes, you should be proud of your accomplishments, and you certainly want the world to know about them. But they shouldn’t hear about them from you.

Because saying these things makes you look bad.

You sound like you’re bragging, and nobody likes that, even if it’s true. Or you sound weak and needy, and that’s even worse.

You want your clients and prospective clients and professional contacts to know you are the best of the best. But they should hear it from other people.

Let them hear about your prowess via testimonials, endorsements, reviews, and world of mouth. Let them find out about your awards and glorious victories via third party articles about you and introductions of you prior to your presentations and interviews.

You can (and should) post everything on your website, but never utter the words yourself.

If you ever find yourself inclined to share your greatness with anyone, let it be in the form of a story—about your client or the case. You’re “in the picture,” of course, and it’s obvious that you were the facilitator of the win, but be the narrator, not the protagonist.

Capice?

I’ve had two physicians say to me, “I’m really good at (the procedure they were trying to convince me to get)”. I rejected both of them, not because of what they were selling but because they were selling.

People like to buy but they don’t like being sold.

The best way to sell a client on your abilities is to have the client sell themselves. And that’s best done before the appointment.

Which is why we post everything on our website and equip our clients and contacts with information so they can do the selling for us.

When you’re speaking to anyone, the only selling you should do about yourself should be done by how you comport yourself.

Show the client you understand their situation. Restate the facts, explain the law, point out their risks and their options. If any of those options are risky or expensive, clearly explain the what and why and how.

Be clear and thorough. Most of all, be confident.

Because your confidence tells the client you’re good at what you do. And because if you’re confident, they will be confident. And they won’t need you to tell them you’re good at your job.

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Wham, bam, see the cashier

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I went to a new optometrist last week. To my surprise and delight, I was treated like a valued patient, not a commodity, as many doctors’ offices do.

I had an appointment and when I arrived, the young man behind the counter made eye contact and greeted me by name. I can’t be sure, but I think he had a smile under his mask.

I’d already filled out most of the paperwork online and was escorted to the exam room, get this, 2 minutes after I arrived.

The entire staff was friendly and treated me with respect. They made small talk while the machines came to life. They even laughed at my jokes.

And it was the most thorough eye exam and consultation I’ve ever had.

The appointment wasn’t just for a new prescription. I have an issue that needed addressing. The doctor patiently explained everything and answered all of my questions. I was there for nearly 90 minutes.

Before I left, I thanked the young man who greeted me for being so friendly and making me a priority instead of my insurance card. I also told the doctor about the great job he did and thanked her for her own patience and thoroughness.

When I saw an ophthalmologist for the same problem earlier this year, the doctor explained almost nothing, talked mostly to her assistant rather than me, and was done with me in 10 minutes.

Over the years, I’ve written about some of the less-than-stellar experiences I’ve had at doctor’s offices. I complained about having to wait (a big pet peeve of mine) and then being rushed through the exam or procedure.

Their time is valuable, but so is mine.

Now, I’m writing about an office that gets it right. No wonder they have a long list of 5-star reviews. They’ll continue to get my business and my referrals.

What does it take to achieve this?

Perspective.

Seeing your patients (clients) as your top priority. Giving them the time and attention they need and treating them like human beings, not livestock.

Show them you appreciate them, even if your accountant says you can’t afford it.

And remember to laugh at their jokes.

Marketing is easier when you know The Formula

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What you’re really selling as an attorney

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I hate to break it to you, but nobody wants to buy your legal services.

Ultimately, clients buy emotional states. They buy relief from pain and problems; they buy safety and security; they buy a path to a more prosperous future.

They hire you because they believe you can transform them from where they are to where they want to be.

Your services are merely the tools you use to do that.

They could get the results they seek from many other attorneys. They choose you because they believe you can deliver what they want.

Their belief comes from what they see on your website, what they read about you (or by you), and what others say about you.

If they’ve read your articles and posts, you showed them you understand their problem or desire and have the knowledge and experience needed to deliver what they want. If they met you, either casually or for a consultation, you said or did something that made them feel good about you and convinced them you were the right choice.

Your clients chose you and future clients will, too, because of the overall package you present; your services are important, but not the only element in that package.

Before you write any kind of marketing message or meet a prospective client or potential referral source, consider the experience you’re offering and make your message about that.

Start by understanding what your clients want and how they will feel when they get it. Show them you know what they want and then show them how you can help them get it.

Marketing is easy when you know The Formula

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Pro bono as a marketing strategy

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If a client asks for a discount on your fees, don’t do it. For a lot of reasons, you’re just asking for trouble.

And if you’re ever tempted to proactively offer a discount, to an individual client or across the board, be very careful. It might be the right thing to do, but too often, it isn’t.

Instead of discounts, consider offering free services.

Whereas discounts can make you look hungry, even desperate, free services can do just the opposite. They can make you look successful, generous, ready to help people who need help but might not be able to afford it.

They can also be an effective marketing tool.

Pro bono work for a non-profit can help you build your network and get you some free publicity. It also looks good on your CV.

(NB: get a letter from the non-profit specifying how much your work was worth to them; you might get a nice tax deduction, too.)

For regular business or consumer clients, giving away an entry-level service (e.g., a basic will or incorporation), offering free consultations, a free second opinion, and “first hour free,” can bring a lot of business to your door that might have knocked on another lawyer’s door.

But again, you need to be careful.

Whenever you’re inclined to offer a free service, consider making it a short-term promotion and tying it to a holiday or other special occasion, e.g., to celebrate the opening of your second office, your firm’s anniversary, or your birthday.

You might also limit the offer to new clients, to returning clients, to members of a certain class or group or organization, or the employees or clients thereof.

Done right, free services can make you look good and bring in a lot of new business.

Start small and test your promotion. If it’s working, you can repeat it or expand it; if it’s not, you can modify it or quietly retire it.

Fee and billing strategies you need to know and use

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Your best source of referrals?

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Many people say clients are your best source of referrals. They know, like, and trust you and can share their experiences with your firm with their friends and business contacts.

True, but they might not know that their friend or contact has a problem or needs to talk to an attorney. They might not know about all the services you offer or how to recognize when someone needs your help. They might not think of you when someone they know has a problem, or know what to do to refer them.

Which is why you need to educate your clients, equip them to make referrals, and stay in touch with them.

Some say other attorneys are your best source of referrals because they know when their client or contact needs the help you provide and can influence them to talk to you.

That’s true, too, but those attorneys might have other attorneys they work with and refer to, or they might not know you well enough to trust you to properly handle their client’s matter.

Which is why you need to build relationships with other attorneys, make them aware of what you have done for your clients, and stay in touch with them, before you can expect them to send you referrals.

Some say your best source of referrals are people who have previously referred clients to you. That’s also true, but only if those previous referrals were happy with you.

Which is why you have to provide your clients with great results and great service, properly thank the referral-giver, stay in touch with them, and continue to build your relationship with them.

Your best source of referrals? I don’t know who might be yours, but I can tell you one thing. It will be people with whom you have a good relationship.

Which is why you need to stay in touch with people, instead of assuming they know who you are and will contact you if they need you.

I’ve never found an easier way to do that than an email newsletter.

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What can you do to differentiate yourself?

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In the 60’s, 70’s, and 80’s, southern California auto dealer Cal Worthington featured an assortment of chimpanzees, elephants and other circus animals in his TV commercials. Worthington rode a bull and a pig (and referred to them as “my dog spot”), offered free ice cream and train rides for the kids, and promised to “eat a bug” if you could find a better deal on one of his cars.

Other dealers competed on price or service or selection. Worthington offered this, too. But it was his over-the-top commercials, which ran night and day, that helped him become one of the biggest dealers in the country.

Surely I’m not suggesting you do something like this to promote your law firm. Of course not (and don’t call me Shirley). I’m suggesting that if you want to differentiate yourself from the legions of other lawyers who do what you do, you need to do something to stand out.

It doesn’t have to be outrageous. Just different from what most lawyers in your niche or market say or do.

Fortunately, since most lawyers do and say the same things, are rarely do anything that might raise an eyebrow, this shouldn’t be terribly difficult.

In days past, where lawyers advertised solely in the yellow pages, some lawyers stood out by running ads in newspapers. When everyone ran one-shot ads, e.g., “Here we are, call us,” some lawyers stood out by running lead-generation ads and direct mail campaigns to build a list.

What does everyone in your field do today that you could do differently?

Commercials that are in black and white? Or commercials where someone interviews you. Maybe “editorial style” print ads that look like news stories, like I used to run.

Think. Or hire a creative team. It could be well worth it.

Note that while advertising is likely to bring you the biggest and quickest results, you don’t have to advertise to stand out.

Post something on your website, offer something in your articles or blog, do something in your presentations, and word of mouth will do the rest.

Not-so-crazy example: where other lawyers invite prospective clients to call to make an appointment or ask questions, you might say you are currently accepting new clients “by referral only.”

Different. And suggests that you are in high-demand and don’t accept everyone.

Most lawyers sing from the same hymn book and it’s hard to tell one from the other. Give some thought to what you could do to get noticed.

Marketing ideas to get you started

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Minimalist marketing

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What did you do yesterday that’s could be considered marketing?

I’ll give you a minute.

Some lawyers might say they posted a new article or sent out their newsletter. Some might say they let their ads continue to run. Some might say they worked on a new presentation, updated their LinkedIn profile or About page or shared something on social media.

Most lawyers, I’m afraid, would have to admit they did nothing.

Just a fact, Jack.

If you find yourself in that category, I understand. You were busy doing some actual work. But if you want the actual work to continue to come in, you might want to make a point of doing something marketing-related on a regular basis.

Here’s what I suggest might be your baseline:

Every day, you either call someone or email someone (your choice). It could be a former client, a prospective client, a lawyer friend, a professional you’d like to know, a blogger or podcaster who is influential in your target market, anyone—again, you’re choice.

You make one call or send one email and your marketing is done for the day.

It can’t be that simple, but it is.

Do that every workday and you’ll see things happen.

Someone will want to hire you, refer to you, or ask you if you can help them. Someone will tell someone about you, share your page or presentation, or ask to interview you. Someone will visit your website to see if you have some information about their situation or to find out more about what you do.

You’ll see more traffic and more leads, build your email list, get more people hearing about what you do and how you can help them or their clients, and yes, get more new clients and repeat business.

I promise.

Sure, you can continue to do whatever else you do that’s marketing-related. But if you embrace the idea of sending one email or making one call a day, and you do it consistently, you may find yourself not needing to do much else.

What do you say when you email or call? Ah, that’s a subject for another day. But I’m glad you asked. It means you’re thinking about doing this and that’s a good sign.

For now, you might start making a list of people to call or people to email. Or, you might just pick up the phone and call someone, or open your email and write to someone, just to say hello. Because that counts.

One more thing. Open your calendar or task app and add a new recurring task. Because if you’re going to do this, you might want to be reminded to do it, at least until it is a habit.

More ideas in The Attorney Marketing Formula

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How much money are you leaving money on the table?

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Every attorney has a list of prospective clients they’ve communicated with at some point but who haven’t (yet) hired them.

People who visited their website and filled out a form. People who called and asked questions. People they consulted with about their case or situation.

There are many reasons why someone who needs legal help contacts an attorney and doesn’t hire them. Some of those reasons are insurmountable. Some are an issue of timing.

They want to hire an attorney but. . .

  • They need time to get the money
  • They need to get buy-in from someone
  • They need time for their problem to worsen before they’re willing to spend the money
  • They’re still trying to fix the problem themselves
  • They’re hoping the problem will go away on its own
  • The problem did go away, but they’ve got another one they haven’t mentioned
  • They want to explore other options
  • They may have lost the attorney’s name and number

Just to name a few.

You have lists, don’t you? Lists of prospective clients who need your help but haven’t taken the next step?

Some of them will eventually contact you again and hire you.

But most won’t.

They need more information about their problem, about their options, or about your services. They want to talk to you again. They want you to convince them to take the next step, to assure them you really can help them, to tell them everything will be okay.

Unfortunately, by the time they realize this, they will have signed up with another attorney.

Which is why the expression, “The fortune is in the follow-up” is true.

If you follow up with the people on your lists, stay in touch with them, remind them you can help them (and that they still need help), and invite them to contact you again, more people will hire you.

If you don’t, they won’t.

Most people don’t buy a car the first time they visit the showroom, most people don’t get married after the first date, and most people don’t hire an attorney after one conversation.

Which is why you need to follow-up.

Write or call or use email to automate the process, but don’t leave the follow-up to them.

That’s not their job, it’s yours. And you are well-paid for it.

How to use an email newsletter to follow-up

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