3 Essential Marketing and Communication Skills for Every Attorney

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When I opened my first office fresh out of law school I knew nothing about marketing and it showed. For several years, I struggled to bring in clients and pay my bills. Fast forward five years and I had built a very successful practice and was on my way to teaching other lawyers how to get more clients and increase their income.

What changed? I did. I had learned a lot about marketing and I acquired some new skills. Those skills allowed me to apply that knowledge in the real world, transforming the abstract into dollars and cents.

If you want to develop your practice, I consider these 3 skills to be essential:

I LEARNED HOW TO SELL

Many attorneys I speak to tell me, “I didn’t go to law school to become a sales person.” “Actually, you did,” I reply. “They just didn’t teach you very well.”

Okay, I get snarky sometimes. But the truth is, while attorneys may not be sales people in the literal sense of the word, attorneys do sell.

The best attorneys are very good at persuading people to do something they otherwise might not do (or do as much). Sometimes we use intimidation and thinly disguised threats to accomplish these outcomes. Sometimes we appeal to logic and reason. Sometimes, we appeal to emotion.

Some people see selling as manipulative but couldn’t the same be said for what attorneys do?

Actually, selling is not manipulative, at least not done correctly. If you’re among those who believe that selling is less than honorable, an article in INC. Magazine, How to Sell if you Hate Selling, might help you to see that selling is a natural extension of being an advisor and advocate, and a benevolent one at that. It is benevolent because it allows you to do a better job of helping people to get what they want and isn’t that what we are paid to do? Of course sales skills will also help you get what you want but isn’t that at least part of the reason you went to law school?

Learning how to sell was the most valuable of the 3 key skills I acquired in my transformation from struggling neophyte to successful professional. But 2 other skills were also essential.

I LEARNED HOW TO WRITE

It started with demand letters. I let go of the legalese and formality that I had been hiding behind and started writing letters that communicated and persuaded. I stopped writing in the “third person”. I began using active verbs and specific nouns. I used personal references and I told stories. I can’t say it always brought in higher settlements. Most of the time it probably made little difference. But it opened my eyes to what is possible with a good command of the written word.

I read many books about writing and I began journaling. I wrote as much as possible and continually improved my abilities. I also studied copy writing and with a lot of practice, got good at that, too. Eventually, I wrote all of the ads, sales letters, and collateral material that sold millions of dollars of my Referral Magic marketing course.

Yes, you can hire people to write brochures and sales copy for you. But just as learning how to sell makes you better at every aspect of marketing, so too does learning how to write.

I LEARNED HOW TO SPEAK

Seminars or luncheon presentations may not be a primary marketing tool for your practice, but becoming a good public speaker is an invaluable skill for every attorney.

Speaking is very different from writing. You may present the same information and you may achieve the same result, but speaking and writing are two completely different sets of skills.

I’ve spoken to small groups and to groups of thousands. I’ve been on many webinars and conference calls and done hundreds of live presentations. I’ve trained lawyers and business owners and influenced the buying decisions of thousands of prospects. In addition to bringing in a lot of business, my speaking skills have made me a better writer, a better sales person, and a better lawyer.

Selling, writing, and speaking are 3 marketing and communication skills that are essential for every attorney. I hope I’ve sold you on making them an important focus of your personal development.

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How to get people talking about you and your law practice

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One of the best ways to help people understand what you do is to tell stories about the clients and cases you’ve handled in the past. All of your marketing documents and messages should be peppered with client stories for reasons I’ve written about before.

But if you want people to talk about you and remember you and send business to you, there’s one more story you need to tell: your story.

People are fascinated by lawyers. Yes, they criticize us and make jokes about us, but at the same time, they love to watch TV dramas and read novels featuring attorneys.

Of course we know that the real world of practicing law is not anything like that depicted on TV. By and large, what we do is boring.

Nevertheless, your clients and prospects and social media fans and followers believe you lead a fascinating life. They would love to peek behind the curtain to see what you do.

Don’t tell them. Remember, what you do is boring.

But who you are is not.

Tell them your story. What drives you? What gets you out of bed in the morning, ready to slay dragons and save princesses? Why do you do what you do?

Share your passion for your work and insights into who you are. What fascinated you when you were growing up? Who influenced you? What experiences made you the person you are today?

Share your feelings and beliefs, desires and dreams, and even your fears. Let people see that you are a real person, just like them.

Real stories, of course, have a dramatic arc. There is controversy, disagreement, hardship, struggle. Our hero (that’s you) wants something, but there are obstacles in the way. The dragon doesn’t roll over and die, you have to slay him.

Find the dramatic story of your life and tell it. It’s what makes you unique and memorable. It’s what will help you stand out in the crowd.

Your story will attract people and get them talking about you and sending you business. And hey, if your story is good enough, one day we might see it on TV.

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How to be more persuasive in your writing and speaking

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When I was in law school I helped a friend with her divorce. I prepared the Petition (yes, under supervision) and served it.

In those days, even though there were no children or real property and the matter was uncontested, she had to appear in court. I went with her to the hearing in downtown Los Angeles and we waited in the hallway for the courtroom to open.

I’d never seen my friend so nervous. She had never been in a courtroom and was afraid she wouldn’t know what to say. I told her this was a very simple case, the judge would ask a few basic questions and everything would be over in a few minutes. I kept talking, trying to calm her down, but nothing seemed to work. She was visibly shaking and barely able to speak.

Finally, I said, “Oh, here comes the judge.” I was looking over her shoulder behind her. She turned to look. Coming towards us was a shabbily dressed old man with dirty, unruly hair and an unshaven face. It was not the judge of course but a homeless man and the sight of him shuffling down the hall made her laugh.

A good laugh was exactly what the doctor ordered. My friend was able to get through the hearing and soon, we were on our way home.

In the car, she thanked me for helping her and especially for helping her to calm down enough to get through the hearing. It meant a lot to her that I cared enough to do that. We are still very good friends today, more than thirty years later.

So, why did I tell you this story? I could have simply made the point that your clients want to know you care about them and really do appreciate the little things you say or do.

Telling you that story was a better way to make that point, don’t you think?

I talk a lot about using stories in your writing and presentations. You’ve often heard me say, “facts tell but stories sell” and I’ve explained why:

  • Stories have people in them and the reader or listener can relate to them and their experiences.
  • Stories have a dramatic theme; people want to know, “what happened next?”
  • Stories have verisimilitude; they “show” instead of “tell,” and are often more persuasive than a logical argument
  • Stories appeal to human emotion. When you make people feel something, you connect with them on a deeper level.
  • People remember stories long after the facts are forgotten.

As you read my story, I hope you were you able to see my friend and me in that hallway and you could relate to the experience of trying to comfort a nervous client. If you could, then my story did double duty–it made the point about showing clients you care and it showed you why you need to put more stories in your writing and presentations.

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How I studied for the Bar exam and how I use those skills today

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The other day I found the outline I used when I studied for the Bar exam over thirty years ago. It was from a Bar review course I had taken, a single “mini-outline” that condensed eight volumes of study material into one paper-bound book.

I remember the process I followed to study for the exam. I went through each of the eight subject volumes, all of my notes, practice exams, and handouts from the review course (and anything I had saved from law school), distilled everything to what I considered essential and re-wrote this in my “mini-outline”.

There was plenty of white space for additional references, notes to myself, case citations, and examples that I wanted to remember. When I was done, I was able to put everything else aside and study just from the mini-outline.

Of course I learned most of what I needed to know not from studying the mini-outline but through the process of creating it. In deciding what to include in the outline, I had to read everything with a critical eye. I couldn’t just read everything as we typically do when we study, I had to think about what I was reading and make decisions about what it meant.

“What is the essence of this idea?” “Is it essential or tangential?” “How does this fit in with what I already know?” “How would I illustrate this?” “What is the opposing or minority view point?”

I didn’t think about it at the time but I was essentially doing research (my study material) for a paper (my mini-outline). I had to read like a writer, not a student.

Next, I went through the mini-outline with a hi-lighter and then again with a red pen. I circled key phrases, drew arrows from printed notes to my hand-written examples, and otherwise marked up my outline so that after several times through it, I had mastered it.

I remember during the exam itself, when I needed to recall something, I was able to see in my mind’s eye the actual page in my mini-outline where the information was written. I could see the yellow hi-lights and red arrows, what was at the top of the page and what was below. I could see and “read” my hand-written notes.

I had spent so much time creating the outline and studying it, I had all but memorized it. It was as if I had the book with me in the exam room.

There was something else I did to prepare for the exam. I knew I needed to have all of this information in my head, but I also needed to be able to “output” that information. We study for exams by reading but exams are taken by writing, so I knew I had to do as much of that as possible.

I took lots of practice exams. This helped me to discover where I might know something but not be able to express it. Or I had memorized something but really didn’t understand it. I could then go back and fill in the blanks and add those notes to my outline.

There was something else I did to prepare for the exam. I created, from memory, a one-page outline for each of the eight subjects. This really showed me what I knew and what I only thought I knew. I then re-wrote my one-page outlines, adding the material I had not been able to write from memory in red ink. When I was done, I had an “outline of my outline” and was able to study from those eight pages.

For good measure, I then wrote a one page outline of those eight pages. It was a summary of everything I had studied, reduced to a single page. There wasn’t room for details, and that was the point. While it didn’t really add anything to my body of knowledge, it was inspiring. “Everything” I needed to know was on one piece of paper.

I felt completely at ease during the exam. It was almost too easy. I was delighted when I got the news that I had passed, but not surprised. I knew the material and I was able to “output” what I knew onto the printed page. All of my preparation had paid off.

Today if I was studying, I would use “mind maps” to create a visual depiction of the information and how it fits together. It’s a better way to outline because it groups things organically, the way your mind sees them, instead of artificially forcing that information into linear order.

The process I used to study for the Bar exam has helped me over the years. I have used it to prepare litigated cases and in marketing. I use it in writing, preparing course material, and in live presentations. I often write first drafts “to see what I know”. I distill large quantities of information into shorter summaries. I outline my outlines.

For your next presentation, brief, report, or trial, when success is predicated on explaining and persuading, take what you know and distill it to its essence. Practice your presentation to see what you know and what you need to improve. Make an outline and re-write that outline until you can recite it from memory.

The job of an advocate, writer or presenter (or test taker) is to make things so clear that the listener or reader cannot possibly misunderstand. You don’t need to be brilliant or a gifted writer or orator to accomplish this. But you do need to know your material.

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How is important but don’t forget why

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I did a presentation last night for some of my business partners and their guests. The objective was to get the guests to either invest in our business directly or provide referrals to our partners.

I talked about the history of our company, the value of our services, and the size of our market.

Lots of facts and figures. Very compelling, if I do say so myself.

But in order to get the ball over the goal line, I made sure I also told them why.

Why the facts I recited are important. Why I got involved, and why they should, too.

I did this by telling stories about some of our partners, their backgrounds and motivation, and also my own. I showed them what motivated us. Facts are static and lifeless. Stories have people in them and everyone wants to know “what happened next”.

Whenever you want to persuade people to act, tell them why. What’s in it for them? What will they get if they do? What might they lose if they don’t?

On your web site, tell people why they should opt-in to your newsletter. What’s the benefit? What do they get? Why will they be better off as a result?

In your demand letters, tell them why they should say yes. Why is it in their best interest? What might happen if they refuse?

In your oral arguments, explain why something was said or done. Tell the judge why he should accept your version. Tell him why he should grant your request.

You may have the weight of evidence in your favor, but it’s your job to interpret that evidence and tell people why it matters. Don’t assume they will know. It’s not always obvious. And even if it is obvious and even if they do know, tell them anyway. Tell them stories that reach beyond their intellect and pluck the heart strings of their emotions.

How is important but don’t forget to tell them why.

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How to Avoid “Death by Powerpoint”

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So you have a presentation coming up and it’s time to prepare slides. Are you going to “kill it” (i.e., the presentation) or “kill them” (your audience)?

We’ve all been a victim of bad Powerpoint presentations. Some of us have been guilty of creating them. Technology makes it easy to go a little crazy with our slides and too often, we do.

Seth Godin’s popular post, “Really Bad Powerpoint,” provides five “rules” for creating better Powerpoint presentations:

  1. No more than six words on a slide. EVER. There is no presentation so complex that this rule needs to be broken.
  2. No cheesy images. Use professional stock photo images.
  3. No dissolves, spins or other transitions.
  4. Sound effects can be used a few times per presentation, but never use the sound effects that are built in to the program. Instead, rip sounds and music from CDs and leverage the Proustian effect this can have. If people start bouncing up and down to the Grateful Dead, you’ve kept them from falling asleep, and you’ve reminded them that this isn’t a typical meeting you’re running.
  5. Don’t hand out print-outs of your slides. They don’t work without you there.

My biggest challenge has been with the first rule. Especially when this is combined with another rule (I don’t recall where I heard it) of using no more than 12 slides in any presentation.

But I get the point: use slides to support your presentation, not duplicate it. Keep the audience focused on you, not your slides.

Which leads me to my suggestion for creating a better presentation: don’t use ANY slides.

If you want to keep the audience focused on you and what you are saying, why give them anything else to look at? There will always be exceptions but for most presentations, slides aren’t necessary.

Years ago, I was giving a presentation and the bulb burned out on the projector. We didn’t have a replacement and I had to finish the presentation without slides. It threw me at first (and that got me some sympathy applause) but fortunately, I knew the material and everything turned out fine.

I know we tend to use slides as prompts or cue cards, to keep the presentation moving forward and so that we don’t forget anything. Godin suggests using hand-held cue cards instead of putting the information on screen. If you know your material well enough, you shouldn’t have to do either.

I do a lot of speaking, both with and without slides, and I believe I am most effective when I go “commando”. I like the challenge of holding the audience’s attention. I like being spontaneous and interjecting new ideas that arrive from my subconscious. Sometimes I forget things, but the audience doesn’t know. In fact, leaving things out can actually make for a better (and shorter) presentation.

Do you use slides in your presentations? Are you killing the presentation or killing your audience?

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Five ways lawyers can leverage a win or other successful outcome to get more clients

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Most lawyers go from case to case, client to client, never stopping to use the successful outcomes they create as marketing leverage for bringing in more clients. That’s because they’re thinking like a lawyer, not a rainmaker.

Instead of rushing from one case to the next, take a few minutes to think about how you can use the successful outcome (verdict, settlement, closing the deal, estate plan, etc.) to get the story told to the people who can bring you more business.

Here are five ways you could do that.

  1. Your client. The best time to talk to clients about referrals is right after a successful outcome. When you hand them a check, sign papers, or otherwise bring things to a climax, it’s prime time to ask for referrals, for a testimonial, or for other help.

    Ask consumer clients to refer you to their friends and family or to other professionals they know. Ask your business clients to introduce you to their vendors or distributors, to write about the case in their newsletter or blog, or submit an article to their local paper. (You can write the article for them).

    The favor you ask your client doesn’t have to be related to their case. They’re happy and willing to help, so ask them to distribute your new report, “like” your new blog post, or invite their friends to your upcoming seminar. And ask them to ask their friends to do the same.

  2. Your other clients and prospects. Write about your successful outcome in your blog and newsletter. Post it on your web site. Do a little bragging on social media channels. Take advantage of the win to let others see you doing what you do, helping others “just like them” achieve the same benefits they seek.
  3. Other parties/witnesses. Send a quick note to the other parties and/or their counsel, thanking them for their professionalism. Send a thank you note to experts and other witnesses, for a job well done. It’s not uncommon to see the losing side hiring the winning attorney or sending referrals or opposing counsel referring clients when they have a conflict. By the way, do the same thing when you lose a case or settle for less than hoped.
  4. Your colleagues. Tell other lawyers you know about your case. Send a letter, speak about it at Bar functions, write an article, point them to your blog post. Tell the story and share the legal nuances, give them tips about the judge or arbitrator or experts. Help them do better on their next case and they will appreciate you, reciprocate with good information on their next case, and send business your way when they have a conflict.
  5. The media. Find something newsworthy or otherwise interesting about the case, your clients or their company and issue a press release or write an article for publication in their trade journal or home town paper. The media are starved for good stories; don’t assume there’s no news value to preparing a living trust for your blue collar client. In the hands of a good writer, there’s always a story to be told.

Leverage means getting more results from the same effort. From now on, leverage your successful outcomes to get more publicity, more speaking engagements, more traffic to your web site, and more new clients.

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Book review: “Presenting to Win: The Art of Telling Your Story”

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In "Presenting to Win: The Art of Telling Your Story," author Jerry Weissman talks about the importance of capturing your audience’s attention at the beginning of a presentation. He warns about launching into your presentation "at full speed" because you would mentally bypass your audience and they would have a hard time catching up.

He suggests seven different "opening gambits" or short statements designed to simultaneously grab the attention of your audience and help launch into your presentation, "in a comfortable, conversational manner." [p 83]

The seven Opening Gambits

  1. QUESTION. A question directed at members of the audience.
  2. FACTOID. A striking statistic or little-known fact.
  3. RETROSPECTIVE/PROSPECTIVE. A look backward or forward.
  4. ANECDOTE. A short human interest story.
  5. QUOTATION. An endorsement about your business from a respected source.
  6. APHORISM. A familiar saying.
  7. ANALOGY. A comparison between two seemingly unrelated items that helps to illuminate a complex, arcane, or obscure topic.

Weissman says that you can combine two or three of these options to create your opening gambit.

He also says that your opening should be linked to what he calls your "Point B" or your "call to action" (what you want the listeners to know or do) as a result of your talk. By foreshadowing your "Point B," you make it more likely that your audience will recognize and act on it when you get to it.

For example, your opening might say, "When you. . . I know you’ll want to. . ." as a way of alerting the audience to what is expected of them. They will then listen to your "proof" in the context of those expectations.

I used this book recently to prepare a presentation. It’s excellent, equally strong on content and visuals. It is useful for any kind of presentation, whether for marketing purposes, in the courtroom or boardroom.

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