How to build a successful appellate practice

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When I was a brand-new, wet-behind-the-ears attorney, I had a case that went up on appeal. I wrote the brief and argued it before the state appellate court. I lost, but I thoroughly enjoy the experience and remember thinking it would cool to have an appellate-only practice.

I never achieved that, but I recently interviewed an attorney who did.

Steve Emmert is a Virginia attorney who built an appellate-only practice when other lawyers told him he couldn’t. He went on to become one of the most successful appellate attorneys in the Virginia.

This morning, I published a short Kindle ebook with the complete transcript of that interview. You can download it for just .99 cents, or free if you have Kindle Unlimited.

And you should download it, even if you don’t do appeals or have no interest in doing so.

In the interview, Mr. Emmert shares advice for building a successful law practice that applies to any practice area. Go look at the sales page and you’ll see what I mean.

Please let me know that you downloaded the book, and please leave a review. And if you know any appellate lawyers or lawyers who would like to have an appellate practice, please tell them about the book.

But there’s another reason why you should grab this book. You will see how easy it is to turn an interview into an ebook, something every attorney should do.

A book like this can bring traffic to your website. It can bring you new clients and new referral sources. It can lead to new speaking and networking opportunities, and it can help you build your list.

In fact, I’m writing a book on how to that. (Stay tuned).

Get How to Build a Successful Appellate Practice

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Don’t be an Askhole

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I learned a new word today: Askhole. It means, “A person who continually asks for your advice and then always does the opposite of what you told them.”

You’ve got clients like that, right? So you know how frustrating it is to give them your expert (and expensive) advice only to see them ignore it.

Even lawyers do it. In fact, lawyers probably do it more than regular folks. I’ve done hundreds of consultations with lawyers who seek out my advice, pay for it, and then, I’m pretty sure, do nothing.

Oh well. As long as their check cleared.

Here’s what’s interesting. I can almost always tell that they’re not going to follow my advice at the very moment I’m giving it to them.

They’re only half listening. They’re not asking questions or writing anything down. They’re going through the motions of getting advice but their voice tells me they aren’t going to follow it.

Why? Because they don’t want to.

They don’t want to change what they’re doing. They don’t want to hear that they’ve been doing something wrong. In fact, I suspect that many lawyers hire me not because they want to learn something but because they want me to validate what they’re currently doing.

When I don’t, they stick their fingers in their ears and say, “la la la, I can’t hear you.”

Does it bother me? Hey, I’m not their mother. I can’t make them follow my advice.

Okay, it is frustrating. But when I talk to a lawyer who “gets it,” it makes it all worthwhile.

Last week, I did a consultation with a personal injury attorney who wanted my help with his advertising and his website. The ads he’s been running for a long time aren’t doing as well as before. Within 30 seconds, I knew what the problem was and told him what to do.

Problem diagnosed. Problem solved.

I don’t know if he’ll follow all of my advice, but I’m pretty sure he’ll do what I suggested about his ad and website. I could hear it in his voice. He got it. It made sense to him. I could almost hear his palm slapping his forehead.

While there’s no guarantee that it will work, at least he’s got something to try. Which is better than being an Askhole and doing nothing.

Fix your website and make the phone ring

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Word of mouth referrals: How to get your clients talking about you

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How do you get your clients talking about you? The answer is simple. Give them something to talk about.

Most of the positive word of mouth you will receive about you and your services will come from providing your clients with a great client experience. I’m not just talking about the work you do. I’m talking about the way you make your clients feel.

Appreciated. Hopeful. Protected.

The same goes for your prospects and business contacts. They talk about you, too. Their referrals count.

Make people feel so good about themselves and their decision to hire you or associate with you that they feel compelled to tell someone about you.

But don’t stop there.

Make it easy for them to talk about you and send you referrals. Equip them to do a good job of spreading the gospel.

Tell them what to say. Give them “sound bites” they can use to describe you and what you do–the problems you solve, your ideal clients, why you are the best lawyer for the job.

Give them tools they can use to show people why you’re the one to choose:

  • A great website, with lots of helpful content
  • Reports and ebooks and videos they can hand out or share online.
  • Emails they can forward; social media posts they can like and share.
  • A stack of your business cards to hand out when they meet someone who might need your help.

Then, when someone does send you referrals or traffic or mentions you on social, say thank you. send them a thank you note, and if appropriate, thank them publicly, too. Showing appreciation for what they do is the best way to show them you appreciate them, and the best way to get them to do again.

What else?

Ask for referrals. This can be as simple as saying, “Here are some of my cards. When you talk to someone who needs X, please give them a card.” It can be as simple as asking them share your post, forward your email, or allow them to invite people they know to your free webinar.

Finally, stay in touch with them. Let them know when you add something to your website. Share other people’s content you find online. Update them about your interesting new case or client.

Keep your name in front of them, reminding them that you still exist and you’re still helping people solve legal problems.

Getting word of mouth referrals is really that simple. Can you do more? Yes. But if do these things, you probably won’t have to.

Here’s everything you need to get referrals from lawyers and other professionals

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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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Stop trying to make everyone like you

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Believe it or not, some people don’t like me. Okay, maybe it’s not me they don’t like, they don’t like my writing.

They think my ideas “aren’t for them”. My writing style makes them uncomfortable. They don’t think I understand them or can help them.

You know what? I don’t care.

For one thing, I never hear from them. They quietly leave my email list or stop visiting my blog. They’re gone, like a fart in the wind, and will probably never return.

The other reason I don’t care is that they aren’t my target market. I don’t write to them, or for them. If they don’t “grok” me, they probably don’t trust me and my ideas and thus they aren’t going to hire me or recommend me.

If I cared about what they thought and tried to appeal to them, I would have to water down my style or homogenize my ideas. If I did that, I would be doing a disservice to the ones who do like me: my prospects and clients.

So, I ignore them and continue to do my thang. And the more I do that, the more I attract people who like what I say because they know I’m talking to them.

One of the reasons I pound on the idea of targeting niche markets instead of marketing to “everyone” is that it allows you to connect with the people in that niche on a deeper level. By your examples and stories and yes, even your style of writing, they think, “he gets me”. That synergy leads to more clients, more referrals, and more positive word of mouth.

That doesn’t happen when you try to please everyone.

Seth Godin put it this way recently:

When we hold back and dumb down, we are hurting the people who need to hear from us, often in a vain attempt to satisfy a few people who might never choose to actually listen.

It’s quite okay to say, “it’s not for you.”

Write to the people who get you. Ignore the ones who don’t.

Marketing is easier when you know The Formula

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Don’t say thank you unless you mean it

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I’m on an email list. The owner of the list is a successful entrepreneur who offers his own products and other products for which he is a commissioned affiliate.

Nothing wrong with that. But like many marketers, the only emails he sends me are sales pitches. Buy this, watch this video (and then buy this), last chance to buy this, and so on.

Again, nothing wrong with sales pitches. Sales make the world go round. The problem is that he never sends me anything else.

No information I could use in my business. No valuable content. No ideas. Not even anything interesting to read that might make a pleasant diversion.

Just pitches.

As a result, he’s always just a hair away from losing my subscription.

If he sent educational information in addition to the pitches, he would sell more products, and not just because more people would stay on his list.

More people would read his emails, and look forward to them, because they know they’re going to read something valuable or interesting. Now, I’m guessing that most people delete most of his emails, as I do.

More people would also trust his recommendations because he wouldn’t simply be the deliverer of advertising material, he would be a mentor or adviser.

Why don’t I leave his list? Because occasionally he recommends something that catches my eye and I do go and look at it. That may change, however, the next time I do an email subscription purge, or I’m in a bad mood.

One more thing. At the end of every email, before his signature, he closes by saying, “As always, thanks for supporting our site!”

Ugh.

What’s wrong with that? Isn’t he just being polite?

Well, when you say thank you to everyone every time you write to them, it makes “thank you” meaningless. It’s a throwaway line, a marketing gimmick, not a sincere expression of gratitude.

Say thanks when I buy something. Say thanks when I pay you a compliment or do something for you. Say thanks when you appreciate something I’ve done, and show me that you mean it.

Here’s another thing he doesn’t get. If I buy something from him, I am not doing it to support his site. I’m doing it because I see value in what’s being offered. Nothing more, nothing less. Like any consumer, I do what’s best for me and mine. I care about us, not you.

But here’s where it gets interesting.

If he was sending me valuable content instead of nothing but pitches, I would be grateful to him for that. If I was also interested in the product being offered, I would probably buy it from him instead of anyone else. (I’m on a lot of lists in this niche). I would “support” him because I appreciated the benefits I was getting from his content.

It works the same way for marketing legal services.

When you offer the same services as other lawyers, more clients will choose you if you give them value, not just sales pitches.

How to bring in more client via email: Click here

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The one thing you need to do to build a successful law practice

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Do you remember the Billy Crystal movie, “City Slickers”? There is a scene where Jack Palance’s character, Curly, is about to tell Mitch (Crystal) the secret to life? “There’s just ONE thing,” Curly says, holding up one finger. All eyes are fixed on Palance. What will he say? What is the “one thing”?

Curly never does answer. When I saw the scene, I thought he would say, “That’s what you have to figure out”. That’s your quest. Figure out the one thing and everything else will take care of itself.

I don’t know if that’s what he meant, but it makes me wonder, is there “one thing” for building a successful law practice? One thing that can take a lawyer from where they are to where they want to be?

Yes there is. For most lawyers in private practice, the one thing that would make all the difference is getting more clients.

Getting better clients is important, of course, and should be on every lawyer’s to-do list. But for both short term and long term success, getting more clients is the one thing that changes everything.

More clients means more money. More money allows you to improve your lifestyle. More money means you are able to help more people and leave the world a better place.

Yes or yes?

Okay, so more clients is the main ingredient. With a side dish of better clients. The next question, of course, is what’s the one thing about getting more clients?

You know the answer to that, amigo. It’s marketing. That’s how we get clients, after all.

But marketing is big and scary. There are too many variables. I don’t know what to do. Tell me, is there “one thing” about marketing?

Hold on, now, you want me to sort through everything there is to know about marketing professional services and tell you the “one thing”?

Okay, I will.

It’s referrals. Get referrals right and you may not have to do much of anything else.

Referrals have always been the number one way clients find attorneys and it still is today. The Internet is important, vital even for many types of practice, but it’s number two on the list.

Okay, now we’re getting somewhere. To build a successful law practice, referrals are king. But. . . but. . . what’s the “one thing” about getting referrals?

You ask a lot of questions, Chachi. No worries. That’s what I’m here for.

Anyway, whether it’s referrals from clients, other professionals, or anyone else, the one thing, the Holy Grail about getting referrals is. . . delivering value.

Not just doing good work and treating people with respect. That’s expected. That’s the standard of care. Every lawyer should do that, and most lawyers do. No, if you want to get more referrals and stand out from the crowd, you have to do what most lawyers don’t do.

You have to do more than do your job.

The lawyers who get the most referrals are the lawyers who do things for their clients and contacts that transcend their work and their professional relationships. They help them, unselfishly, without being asked and without expecting anything in return.

Yes, the golden rule.

There, I said it. Call me a sentimental fool, but there you go. Help others, give to others, treat others the way you would like to be treated.

What’s the “one thing” when it comes to the golden rule?

That’s what you have to figure out.

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Put away your shotgun and get out your rifle

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I found a book yesterday which purported to be about marketing for attorneys. I didn’t buy it.

I didn’t buy it because the author isn’t an attorney, nor is she a marketing expert, for attorneys or anyone else. According to her bio, she’s a freelance writer. Nothing against freelance writers, but given the choice, attorneys prefer to learn from an attorney who built a successful practice, a marketing consultant for attorneys, or ideally, from someone who is both.

Someone like me, for example.

Because of my background and experience, attorneys prefer to buy my books and courses instead of those written by people with generalized marketing experience, or no marketing experience. They’ll pay more, too, because I’m worth more. At least to them.

We speak the same language. We understand each other. You don’t have to explain your situation, I’ve know it, either because I’ve lived it or because I’ve helped others in that situation.

By contrast, the aforesaid writer doesn’t have that connection. In her book description, she reveals that failing when she says, “. . . in your attorney business,” instead of in your firm or practice.

Nuff said.

This is why I preach to you about niche marketing. Your task in marketing your services is to show prospective clients, and the people who can refer them, that you are the best lawyer for the job. The simplest way to do that is to show them that you are the closest match to what they need and want, by virtue of your experience in helping other clients like them.

If a real estate investor is looking for an estate planning attorney and learns that you do estate planning exclusively and represent hundreds of real estate investors, he is more likely to choose you instead of another lawyer, and more likely to pay your well-deserved higher fee.

The key to attracting high-value clients is focus. Stop trying to be all things to all people. Put away your marketing shotgun and get out your marketing rifle.

How to get focused and attract your ideal clients

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Lawyer to lawyer referrals: don’t ignore this potential gold mine

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How many lawyers do you know in another state? Probably not many. That means there are a lot of attorneys in other states who also don’t know you and if they don’t know you, they probably won’t send you referrals.

What if there was an easy way to change that?

In the Lawyer to Lawyer Referrals, I said that the simplest way to get more referrals from other lawyers is to get to know more lawyers. Yes, you want to know more lawyers in your local area, but there’s a very good reason for getting to know lawyers in other states: no competition.

If you are in Pittsburgh, PA, an attorney in San Diego, CA might not have a lot of referrals for you, but if you’re the only lawyer he knows in Pittsburgh in your practice area, when he does have a referral, you’ll be the only one on his list.

Me entiendo?

Imagine having an email list of lawyers in other parts of the country, or in other countries, who know who you are and what you do? They hear from you occasionally, getting updates about your interesting new client, your big settlement, or your latest article or blog post. Your name and contact information is continually in front of them.

Of course you also ask them to keep you informed about their practice, because you might have a referral for them, or know someone who does.

Many of your contacts will never pan out, but some will. If there are 100 lawyers on your list, you’re going to get some business.

In fact, make that a goal. 100 lawyers on your list in the next 60 days. (You could do this in two days if you wanted to.)

Lawyers are easy to find. They have websites, they are on social media, they advertise. Find lawyers who represent the kinds of clients you target, contact them and introduce yourself.

You can call first, or email. Calling is better; email is faster.

Tell them you saw their website or ad or read something they wrote. Pay them a compliment or ask them a question. And then tell them that you’d like to know more about what they do because you don’t know any lawyers in their area and you never know when you might have a referral.

Of course they will ask about you and your practice.

It really is that simple.

For more ways to find and approach attorneys, both locally and in far off places, see Lawyer to Lawyer Referrals.

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Five keys to growing a law practice and increasing cash flow

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You probably know most of what I am about to tell you, but knowing something doesn’t mean you’re doing it or that you can’t do it better. So consider this a helpful reminder to regularly examine these five areas of your practice:

1) Marketing

Marketing is everything you do to get and keep good clients, and it should be your top priority. Examine the marketing activities you now do and see how you can do them better. Look at other strategies you can implement. Look for ways to expand what’s working and minimize or eliminate what’s not.

2) Systems

Every practice should set up and maintain manuals that detail every aspect of work flow and office management. Detailed checklists, forms and templates, and the like, help you do what you do more quickly and efficiently, train new hires and temps, reduce mistakes, save money, and increase profits.

3) Personal Development

Everyone associated with the practice needs to continually re-fresh and improve their professional and personal skills. These include staying current on law and procedure, learning how to use technology, and improving their writing, speaking, salesmanship, marketing, and productivity skills and habits.

4) Human Resources

Hiring and outsourcing are an important part of improving profitability. You need to regularly review who’s working for you, what they’re doing, what else you can assign them, training, scheduling, and incentives. You should also consider when to hire additional staff or replace the ones who aren’t doing a good job.

5) Infrastructure/expense management

Every dollar saved is a dollar earned. This category includes offices, leases, service contracts, technology, library, supplies, repairs, insurance, etc. Can you get it for less elsewhere or by buying in bulk? Can you negotiate? Can you eliminate it? Also look for ways to make the work environment safer, more compliant, and more pleasant for staff and clients.

Of these five categories, most lawyers should focus 70-80% of their time and resources on marketing. When you bring in more clients, bigger cases, or higher fees, the rest of the things on this list will be relatively easy. When you don’t, the rest don’t matter.

Marketing plan for growing a law practice: Go here

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