The cure for the overworked and overwhelmed attorney

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I don’t know a single attorney who wants to work more. Oh they want more work, they just don’t want to work longer hours.

Unfortunately, we have been trained to believe in an absolute correlation between our income and the amount of work we do, but that correlation simply does not exist.

As a young lawyer starting my career, I had very little work and an income to match. When I finally learned marketing and starting bringing in more clients, naturally, my income and work hours increased. Eventually, I had lots of clients and incredibly long hours, obviously proving there is a correlation, right? Well, that depends.

I realized that I wasn’t happy working so much but I wasn’t willing to cut back my schedule if it meant cutting back my income. I struggled with this for a long time and, thankfully, I figured out how to do it. I was able to significantly reduce my work week without reducing my income. In fact, when I got things fully underway, my income took a dramatic leap.

There were a few things I did to make that happen. One of those was to get comfortable with delegating.

Attorneys are famously bad at delegating. There are a number of reasons, ranging from fear that the person to whom the work is delegated will screw up, to ego, the notion that, “nobody can do it as well as I can.” I had a little bit of both going on in my head; it took some effort to come to terms with these beliefs, but I did.

On the “screw up” issue, I realized that I would still be supervising my employees, I was the failsafe. I also realized that happiness (or a successful law practice) doesn’t require the complete absence of risk. Risk can be managed. That’s why God created “E & O” policies, after all.

As for the idea that I was the best one for the job, I simply had to accept the premise that if I was ever going to have relief from eighty hour weeks, “good enough” would have to be good enough.

Once I crossed the threshold of acceptance,  I began to see that there were many functions in our office I could let go of and, in fact, there were many functions where I really wasn’t the best person for the job. Once I started the process of handing over responsibilities to others and saw that the sky did not fall and, in fact, good things were happening, I embarked on a quest to delegate as much as possible. Eventually, my philosophy was to only do that which only I could do, and this was a major turning point in my career.

If you are overworked because of reluctance to delegate (or delegate as much as possible), I urge you to do as I did. Change your philosophy and learn some techniques. Your kids will be glad you did.

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Attorney Turns Director–Debut Film Exposes American Bar Association Plot

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David S. Ward is the Hollywood writer and director of “Field of Dreams,” “The Sting,” and many other amazingly successful films. I never met the man but when I lived in Beverly Hills I would sometimes get calls from his fans, telling me how much they enjoyed “my” latest movie. I confess to having a lifelong dream of writing novels and screenplays but for years, David M. Ward has lived in the shadow of David S. Ward.

Not anymore.

Today, my dream has become reality as I am now the writer, producer and director of my first motion picture.

Last week, I found out from Larry Bodine that the ABA wants to regulate marketing on the Internet. Big Brother wants to control just about everything we do online. According to Larry, the proposal would have a chilling affect on every aspect of attorney marketing:

  • Online social networking (Facebook, LinkedIn & Twitter)
  • Blogging
  • Facebook and Linkedin profiles
  • Pay per click advertising
  • Gathering information through networking websites
  • Discussion forums
  • Lawyer websites
  • Use of case histories on law firm websites

Tom Kane echoed Bodine’s concerns and I do too.

We have enough rules. Too many rules. Unnecessary rules. We are regulated, micro-managed, watched, and warned, by the very organization that is supposed to represent our interests. True, the ABA has no direct jurisdiction over us but they wield tremendous influence over the bar associations that do.

Enough is enough

I decided to do something about it. This film, “The Convention,” is an urgent message to all attorneys to rise up and tell the ABA, “we’re mad as hell and we’re not going to take it anymore!”

And now, I present to you, uncensored and uncut, “The Convention”:

[mc src=”http://www.youtube.com/watch?v=93lmTepypqU” type=”youtube”]The Convention: A young lawyer attends his first ABA Convention[/mc]

Okay, just having some fun but this is a very serious subject. I urge you to write to the ABA and tell them to keep their hands off. The cut off for discussion is December 15, so please voice your concerns and tell your colleagues to do the same.

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Posting to two twitter accounts: what do you use?

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posting to two twitter accountsI have two twitter accounts, one for The Attorney Marketing Center and one for my personal blog (about network marketing and internet marketing). It’s more work to have two twitter accounts, but attorneys who want information about marketing their legal services is a completely different market from internet marketers, and thus, two accounts

Follow me on twitter and I’ll follow you back (if you have something intelligent to say–kidding. . .).

I’ve been using ping.fm to tweet for one account and to simultaneously post facebook status updates. I don’t see a way to use ping.fm to update two twitter accounts, however, and am looking for an alternative solution, both for desktop and my iPhone. I’m looking at tweetdeck and hootsuite, among others.

What do you use and recommend for posting to multiple twitter accounts? Add your comments to this post (and re-tweet it!)

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How to get clients by email; the right and wrong approach

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I just got an email from a investment company representative that is a classic illustration of the WRONG way to use email to generate new business.

Hi David,

My group wanted to reach out to you to see if you have any interest in our services.

We are an independent, fee-only investment advisor with a proven track record and compelling value proposition. We have a sophisticated investment process that combines individual bonds and equities/ETFs to produce a tax sensitive, highly liquid, totally transparent, risk managed portfolio. Our philosophy is grounded in academically proven methodologies. We don’t do broker talk, just easy to understand investing.

Our CIO was formerly an executive corporate risk manager at BIG COMPANY, and a MAJOR UNIVERSITY grad and CFA. We have a solid understanding of not only equities and bonds but also foreign currency and interest rate risk management. We have retained over 95% of our clients over the last 5 years.

I wanted to see if you were open to exploring opportunities with us? Perhaps I can email you a 1 page breakdown about our firm, bio’s and performance?

Apologize for the email intrusion, however we believe it’s a less intrusive way of an introduction.

Best,

Name
Managing Director
Company Name

Okay, what do you think? Is this likely to bring in any business? What would you do differently?

I’m not concerned that it’s unsolicited. It’s okay to approach prospective clients or referral sources to introduce yourself in an unsolicited email. But you’ve got to do it right and the first thing that’s wrong with this email is it seeks to do much more than that and takes too much for granted about my interest in using this company’s services.

Too much, too soon.

Selling investment services is like selling legal services. It’s a process, over time. It’s based on a relationship between the professional and the prospective client or referral source and trust is integral to that relationship. Trust takes time and must be earned. (It can also be borrowed from a mutual contact who refers the parties).

Before marriage there is courtship and before courtship is the first date. You haven’t even asked me out but you want me to meet your family?

Too much, too soon.

So what’s a better offer? How about information that could help me save or make money, like a report or mp3 or newsletter with investing tips, strategies, or predictions? Or, how about an invitation to a free tele-seminar or web-inar? This would not only provide value it would also allow me to identify myself to you as a potential prospect for your services.

Offer something I want and I can have without a big commitment or a sales pitch. Make it easy for me to say yes.

(There’s another benefit (to you) of offering valuable information: it gives you an opportunity to demonstrate your expertise, which is much better than you simply proclaiming it.)

An offer must contain a benefit. What’s in it for me? What do I get out of it? Had this email offered valuable information I may have been interested in receiving it. The door to our relationship would have opened. You would have gotten my attention and eventually, over time, as trust is built, we might begin courting.

Another problem with this email is that it’s all about you–your firm, your experience, you, you, you. Talk to me about me–my concerns, my desires, my portfolio. I’m interested in my life, not yours.

Show me made an effort to learn something about me and what I do, perhaps a comment about my blog . I know it’s a form letter but if you had made any effort to personalize it, you’d have a much better chance of getting my attention.

Marketing is common sense. If we met in person, what would you say to get my attention? What would you offer that might make me interested in speaking further?

Emails like this make me think that common sense isn’t really that common.

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Social media marketing for attorneys

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This isn’t an attorney but he offers a cogent explanation of how social medial should fit into an attorney’s marketing mix. What’s that? You don’t have a mix? Oh my, you really should have a mix. . .

[mc src=”http://www.youtube.com/watch?v=zn1cspHx7DU” type=”youtube”/]

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The three things that matter most

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What are the three most important things you do in your career? Sure, you do a lot of things, but chances are, three of them are more important than the rest. We’ve talked about the 80/20 Principle before. These three things are the twenty-percent activities that deliver eighty percent of your results. They are worth identifying. If you can identity them, you can do more of them (and less of those things that aren’t of the three).

What’s more, if there are only three things, you can remember them. You don’t need a list. “These are the three areas I focus on,” you’ll say. “This is where I focus eighty percent of my time.” So what are they? If you could only do three things all day long, what would they be? Don’t think too much about this; you already know the answer.

When I was practicing (personal injury), I would have said that these are my three things:

  1. Marketing
  2. Settling Cases
  3. Managing staff

For me, litigation was not one of the three things that matter(ed) most. We did it, but the practice was a high-volume of smaller cases and litigation was not our primary focus. So, it was these three things that mattered most to my practice. If I was doing one of these three things, I was doing “twenty-percent activity”. Anything else was “eighty-percent activity” (which brings in only twenty percent of the results).

Let’s take things a step further, shall we? Once you have identified your “three things that matter most,” what about identifying the three things that matter most about each of those three things? This allows you to get more specific about how you are spending your time and how you are focusing your energy. You will perform “on purpose” instead of reacting to whatever presents itself. And, if you can recall the three things that matter most, you should also be able to recall the three things about each of those things, too. If they are truly important and you are doing them, they will be second nature to you.

In my case, I would have identified the three things about my three things, like this:

MARKETING

  • Ads in yellow pages
  • Network with referral sources
  • Client referral strategies

SETTLE CASES

  • Client interviews/evidence collection
  • Demand package
  • Negotiation

MANAGE STAFF

  • Interview/hire
  • Monitor work flow
  • Recognize and incentivize

What are your three things? And what are the three things about each of those three? Take the time to identity these crucial items and then focus eighty percent of your time and attention on them. You’ll get more done in less time and you’ll get more results. You’ll earn more and work less.

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A good slogan (tagline) can be worth its weight in gold

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Most slogans I hear fail to accomplish their purpose: to communicate a cogent, benefit-rich, memorable marketing message. Although attorneys usually don’t use slogans, the ones I’ve heard have almost always been bad. An attorney in Los Angeles has a slogan that works, however. Miles Berman, the self-proclaimed “Top Gun Dui” attorney, uses the following slogan as the tagline for his frequent radio commercials: “Because friends don’t let friends plead guilty.”

Why does this work? First, it plays on the familiar public service slogan used to promote the use of a designated driver, “Because friends don’t let friends drive drunk”. Berman’s version is tied to something that has been drilled into our heads by millions of dollars in public service advertising, and is thus familiar. In addition to being familiar, it’s relevant. Both slogans deal with different aspects of the same issue. And because it is familiar and relevant, it is memorable, the ideal of any slogan. Finally, the slogan does what few slogans ever do, it promises a benefit. In telling the listener not to plead guilty, it suggests that there are alternative solutions, and all they have to do to get them is to call the “Top Gun Dui Defense” attorney. Very effective.

Eric Swartz is a consultant who bills himself as “The Tagline Guru.” His web site presents the benefits of a good tagline and advice on how to create one. He also has a list of “The 100 Most Influential Taglines Since 1948.” I remember most of these, and you will, too. Good examples of taglines that have created household brands.

You don’t need a tagline, but if you use one, use one that works.

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Free advice that can make you millions

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One of the best ways to get from where you are to where you want to go is getting help from someone who has done what you want to do. Make a list of areas you would like help with or areas where you would like to grow. Three key areas for lawyers in private practice would be

  • Substantive practice areas
  • Marketing
  • Administration/management

Specific areas you might want to key on might be

  • Technology/internet
  • Employee relations
  • Taxes/record keeping
  • Risk management/insurance
  • Retirement planning/investments

And so on.

Of course you can always hire experts to consult and advise you in these areas, and you might. But why not find lawyers (or other professionals) who have had success in these areas and ask them to be your mentor?

Mentors help you see what’s possible by serving as a role model. They can keep you from going off course by providing feedback about your ideas. And they can open doors for you to opportunities, introductions to vendors, prospective clients and referral sources. The right mentors can spare you years of hardship and, literally, make you rich.

Once you have identified a list of areas you would like to be mentored in, start asking everyone you know for recommendations and referrals to experts in those areas. “Who do you know who is a great networker?” “Do you know any lawyers who know a lot about web sites?” “Who is the best construction litigation attorney you know?”

Next, make a list of specific points you’d like to cover in your first conversation, such as why you’d like them to mentor you and what kind of help you might be looking for.

Successful people like to share what they have learned. Properly approached, you’ll find any number of individuals willing to share a few minutes of their time with you each month.

Here’s an approach you can take:

“Hello, Mr. Jones, my name is Robert Lawyer. We haven’t met and I know you’re a busy man, so I’ll be brief. I’m a sole practictioner in the area of estate planning. I know you’ve built a very successful estate practice over the last twenty-five years. I’ve been practicing for four years now and I’m ready to take things to a higher level and I would appreciate it if you would consider being my mentor. All that would mean is spending ten minutes with me on the phone once a month, so I could ask you a few questions. I’d really appreciate it. Would you be open to that?”

Be prepared to give your mentors something in return. At the very least, give them feedback on how their advice has worked out for you. Look for information and resources that can benefit them and share it with them.

Eventually, find others whom you can mentor. There’s no better way to pay tribute to your mentors than to follow in their footsteps.

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How to get more clients to hire you

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

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

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

Let’s look at these a little closer.

1. What can you do for me?

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

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

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

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

2. Why should I believe you?

Prove what you say by providing evidence of the following:

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

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

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

3. How long will it take?

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

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

4. Can I afford it?

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

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

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

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