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Marketing Tips for Attorneys


By Ross Fishman
BullsEye Newsletter: June 2008

SPEAK AND WRITE ON NARROW TOPICS
"Litigation Updates" or "Tax Tips for 2008" are perfectly good topics, but no one will call and hire you after they read the article or see you speak. However, if you focus on a narrow subject, even though it's interesting to a much smaller audience, you are more likely to get hired based directly upon that, because clients probably don’t know an attorney who does that specific thing. They might have a lawyer who handles their business disputes, but if you’ve written on "Resolving Offshore Construction Disputes with Mexican Companies," prospects with that issue are more likely to call you directly after reading it.
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USE HANDOUTS
When you're giving a speech, always have a handout available with your biography and contact information. To identify the really hot prospects, mention that you have another article or checklist available for further information, and ask them to leave you their business cards for a free copy. Those who drop their cards are the hottest prospects, the ones with the most pressing need for this particular service. Emailing them the handout puts your material on their computers, gives them another way to remember you, and creates the opportunity for you to follow-up with them to see if they have any questions you might help them with. Often, they will.
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NETWORK
Networking is the foundation of client development (no network = no clients). You can’t get business if the right people don’t know and trust you, and rainmakers typically have hundreds of them. Commit yourself to gradually building a network of the right contacts. Begin by identifying the most likely sources of new business for the practice you are trying to develop — your “target audience.” Next, find out which trade associations or industry groups they belong to and which meetings they attend. Then join those organizations and work toward a leadership position. This is a long-term professional-development activity. See Gale Publishing's Encyclopedia of Associations for the multi-volume list of associations to choose from, available at all major libraries. It's the pot of gold at the end of the marketing rainbow.
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IT IS BETTER TO BE INTERESTED THAN INTERESTING
Many of those charming, gregarious, "life of the party" shmoozers have thousands of contacts but no business. Great chatters are not necessarily good listeners, and listening is how you identify the opportunity to develop new business. If you care about helping other people, in learning what is keeping them up at night and helping them solve their problems, you will always have loyal clients.
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CLIENT VISITS
Volunteer to visit a small client’s facility, at no charge, simply to learn more about them and invest in the relationship, so you can gain a more intimate understanding of their business and enhance your service. Tour the office and meet their key people, learn how they do business, but DO NOT market to them during this visit in any way. If your relationship is not sufficiently mature, this offer might seem like stalking, so be judicious, but if the offer wouldn’t seem to come out of left field, clients appreciate it. Top rainmakers will admit that they regularly visit their clients simply to stay in touch. Although they do not actively seek it, approximately 80% of the time they return with new business. Yeah, I know you're too busy -- but if you do nothing else, do this.
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WHAT'S WHAT RE: WHO'S WHO
Without commenting on the credibility of Super Lawyers, Leading Lawyers, Best Lawyers, Top Lawyers, Super-Duper Attorneys, My Precious Lawyers, or any specific "Gosh, You're a Wonderful Lawyer"-type publication, we know that some of them are legitimate, credible, statistically valid, and useful marketing and referral tools, while others are bogus, high-pressure, pay-for-play, ego-driven advertorials compiled and printed just because the publishers know that some lawyers will buy anything if you: (1) stroke their egos, and (2) tell them that their competitors have already bought one.

No offense intended -- people don’t get their egos stroked very often, and it's always nice to have someone tell you you're special. Plus, because they're not full-time professional marketers, most lawyers don’t regularly encounter these types of publications. Given the choice between (1) "How nice -- someone recognized that I'm good at my job," and (2) "I'm nothing special but they want my money," I think most normal people would opt for the former interpretation.

Just be careful about wasting scarce marketing resources on publications that offer dubious honors. Be wary of the $20,000 display ads or $3000 individual listings -- or the leather-bound book, or crystal trophy, or mahogany wall plaque -- unless those purchases appropriately advance the firm's marketing plan and don’t suck dollars away from higher-priority activities.
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READ INDUSTRY PERIODICALS
Subscribe to — and read — your clients' industry or trade association magazine(s), to learn more about their businesses. This is typically a good place to advertise and write an article as well.
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CO-AUTHOR YOUR ARTICLES
An effective way to increase your visibility in a specific industry (e.g. insurance, agriculture, oil and gas, chemicals, or pharmaceuticals), is to write short industry-focused articles for trade association publications. When writing an industry-oriented article, consider inviting a client to co-author it with you. You'll do most of the heavy lifting, obviously, but do them a favor by running the near-final draft by them and giving them co-authorship credit and a photo with the byline.
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MAKE CONFERENCE SPEECHES
An effective way to increase your industry visibility is to become a frequent speaker at trade association conferences. Lawyers too often think about the obvious conferences, e.g. bar association meetings, instead of smaller groups where you can really stand out. Consider inviting a client to co-present with you, if possible, to enhance your relationship. Call the association management company to learn who is arranging the conference speakers. They often book long in advance, so get started early. Make sure that once you're there, you take the time before and after to network. It's not about being the guy behind the podium, you have to form personal relationships, and giving a speech is a good reason to talk to the attendees afterwards.
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ATTEND CLIENT MEETINGS
The most effective marketing is not done indirectly, through brochures, newsletters or seminars. It is done directly, face-to-face with clients and prospects. Offer to attend their internal meetings, gratis, to learn more about them, and suggest ways the law can help them accomplish their goals. Roll up your sleeves, give it away for free, and start acting like their lawyer even before they've hired you directly. Show them what it would be like if you actually were their lawyer.
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ENTERTAIN CLIENTS
Every two months, entertain a client for a lunch, dinner, sporting or special event, etc. Golf, lunch and other stereotypical marketing activities work as rainmaking tools only when used to learn more about a client's company, industry, plans, strategic goals, competition, challenges, etc. The best rainmakers have a tremendous amount of information about their clients, obtained because they are genuinely interested in them. Remember, it's better to be interested than interesting. It's better to be interested than interesting. Repeat, it's better to be interested than interesting…
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LET THE CLIENT TALK
The best rainmakers and salespeople know that knowledge is power, and when they're talking they're not learning. Promise yourself that you will do no more than 20% of the talking and then do it. Ask interested, probing questions. Learn about them, they will appreciate your interest. Of course, it's not a cross-examination, just a chat, keep the interrogation friendly and casual.
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SEND CLIPPINGS
Staying in touch is critical to maintaining a strong relationship. "Out of sight, out of mind" is a painful lesson in client relationship mis-management, which is why regular newsletters are useful. Another easy way to stay in touch and show your interest is to send newspaper clippings on developments relevant to the client's business.

When clipping and sending the same article to multiple clients, do not simply photocopy the article for each of them. Apart from the obvious copyright violation, to show clients that you really care about them, purchase more magazines so each can receive an original clipping, then handwrite a brief note in the margin in blue pen.
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BEING FIRST
"The basic issue in marketing is creating a category you can be first in. Who was the first person to fly the Atlantic Ocean solo? Charles Lindbergh. Who was the second person? The third person? If you didn't know the second person you might figure you had no chance to know the third person. But you do. It's Amelia Earhart. Now, is Amelia known as the third person to fly the Atlantic solo, or as the first woman to do so? If you didn't get into the prospect's mind first, don't give up hope. Find a new category to be first in. It's not as difficult as you think. Pick a narrow industry, a sub-specialty practice, particular geographic region, or combination of them. See Al Ries & Jack Trout, The 22 Immutable Laws of Marketing.
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THE COST OF CLIENT DEFECTIONS
"A 5% decrease in client defections can lead to a 100% increase in profits."
- "Zero Defections Comes to Services," Harvard Business Revue, Sept/Oct 1990

What have you done lately to ensure that your top clients STAY that way? Make sure that you spend at least three times as much time and effort cementing existing client relationships as developing new ones. In fact, spend ten times as much. Spend some time attending to your best clients TODAY, it's a critical investment in your future. Out of sight, out of mind. Out of mind, out of revenue.
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INCREASE THE VOLUME OF EACH CLIENT'S BUSINESS
"Instead of selling as many products as possible over the next sales period to whomever will buy them, the goal is to sell one customer at a time as many products as possible over the lifetime of that customer's patronage."
Peppers and Rogers, The One-to-One Future: Building Relationships One Customer at a Time

Cross-selling services is among the most difficult marketing challenges lawyers face, but it's a key to a firm's future. Learning more about your clients will help you discover the full range of their legal needs, and identify additional areas in which you may be of service. Learning about your firm's lawyers and their specialty practices will help determine who might have something special to offer the client.
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MARKETING AND SELLING
Marketing and selling are two discrete, and equally necessary, steps in the client-development process. Marketing is the activities that help you get in front of the potential buyer. Selling is the actual face-to-face meeting in which a specific deal is discussed. Few purchasing decisions can be made without both components. Lawyers new to the process often rush to the "sale" without doing the background research necessary to identify where the true opportunities lie.

Fundamental marketing theory shows that someone in the market for apples, and only apples, will not buy oranges even if convinced that they are really superb oranges. A lawyer who doesn’t fully comprehend an existing or prospective client’s wants and needs may inadvertently offer legal service oranges to an apple buyer. This process begins by asking you to conduct background research to discover the needs of these clients and then determine how you can provide for them. Start by reviewing the company web site, especially the "About Us," "What's New" and "Press Releases" sections.
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THE MOST COMMON LAWYER SALES APPROACHES
Lawyer A, who asks: “So, tell me what your company does” is viewed as unprepared -- not a trait clients particularly look for when hiring a lawyer. Clients resent this lack of preparation, especially since the lawyer invited the client to lunch to try to sell him something.

Lawyer B, who spends the lunch hour talking about herself and her firm. (In kindergarten we called this Bragging. Why do we think that having an advanced degree changes this into Marketing?  It's still distasteful.) Successful salespeople talk less and listen more. Experts claim that a salesperson who does more than 20% of the talking will not succeed.

Lawyer C, who has done his homework on the company and can ask more specific questions to flesh out some of the most likely opportunities wherever they happen to exist, and discover possible additional opportunities. This lawyer says, “I see that you are considering expanding into a new market, have you considered . . . .”
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LEARN WHAT THEY'RE BUYING
A few years ago, my wife was in a serious car accident with my two young children in the car, rear-ended on the expressway [they're OK]. Inherently distrusting the car salesperson, we walked into the dealership with an inch-thick stack of Internet printouts on features and pricing, on the defensive, and wanting to replace the wrecked car with an inexpensive used model. With a few interested questions ("What brings you here today? Is this your first minivan? Will you be trading in your old one?") the salesperson locked in on our unspoken hot-button issue -- safety.

Within 15 minutes, he had sold us the costliest brand-new car on the lot -- the one with the highest four-star safety rating, and we left satisfied. If he hadn't asked those initial questions, he might have tried to sell features we cared little about which would have turned us off and lost the sale. It's Sales 101: Ask informed questions, listen carefully to the answers, find out what they're buying, then sell it.
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FREQUENT FLIER PROGRAMS
Airlines have long understood the long-term value of maintaining top client relationships by introducing frequent-flyer programs that make their biggest, most profitable customers even more loyal, increasing the airline's share of their business. In a commodity-type industry like airlines, the company that creates more incentive to use it than the others gets the next piece of business, and price becomes less important. The passenger simply finds it more valuable to use that same airline the next trip, all things being equal. From a clients' perspective, law firms often appear equally qualified. How can you lock in your clients in the same way? What pricing structures, technology advances, mutual business opportunities, etc. can you conceive that will increase the cost of their switching to another firm?
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NEVER LEAVE WITHOUT ARRANGING THE NEXT STEP
Typical post-marketing conversation:

"How did the meeting go?"
Great, I'm sure he's going to hire me to handle their next case .
"Really, that's great! When?"
He'll call when he needs me.
And then months go by waiting for the call. . . .

The most critical part of a client meeting is finding a reason to have the next, follow-up meeting. Remember, approach every client development meeting with a pre-planned reason to have another meeting. It can be as simple as promising to send along some written materials, but never leave without some tangible steps to be taken by a certain date. Without it, the sales process languishes. (See SPIN Selling by Neil Rackham.)

And if you're uncomfortable calling it "sales," your aggressive competitors are going to eat your lunch. For better or worse, times have changed.
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GUILT BUYING
Although clients might deny it in person, studies show there's still a lot of "guilt buying" going on. In other words, if you do enough favors, stay in touch regularly, stay helpful, and make the client look good, human nature leads clients to send work. This does not come from sending mass-mailed unsigned holiday cards or generic ill-focused newsletters, but rather by consistently going the extra mile. Taking the high road, providing useful information, helping them do their job pays solid dividends. And it feels better too.
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CONTROL YOUR OWN PR
Public relations can be an especially effective way to enhance an individual or firm’s professional reputation. If you are interested in increasing your media exposure, this is most easily accomplished by developing your own personal media relationships. Before deciding to pursue a personal PR program, you must remember that the ability to control the content of the message decreases its credibility. Public relations enhances the reputation of the quoted individual by connecting it to the credibility of the publication, but places the content of the message at the mercy of the reporter. This risk is unavoidable. To control the content, you must pay for the privilege -- through advertising which, of course, is perceived as less trustworthy. Everything's a trade-off.
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PR: THE WARTS
Anyone who regularly deals with the media has learned that he or she occasionally will be misquoted, unflatteringly quoted, or not quoted at all (even after a lengthy interview). Media attention is never entirely positive; if the reporter fails to include the warts, the story becomes suspect, a “puff piece.” Experts remind those who have received negative publicity that although their world currently revolves around this story, few unaffected people notice or care, and even fewer will remember the story next week. As long as an organization’s overall media coverage weighs more heavily toward the positive side, they should keep doing it.
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NEVER BE LATE
Vince Lombardi said, "If you are 10 minutes early, you are late."
If you are early to a seminar, meeting, or conference, you can choose who you will meet and sit next to; if you are late you can't. When attending a conference for networking purposes, the most critical time is the half-hour of mingling before and after the program -- you can't meet people during the speaker's presentation. Get there early, and make effective use of that time.
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KNOW WHO WILL BE THERE
Find out who will be at the event you will be attending. Call the event sponsor the day before the program and request the attendee list. Typically, it's not proprietary information. Scour the list to determine whom you want to meet. Get there early and seek them out.
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THE HALF-GLASS TRICK
A top marketing consultant always ordered a half glass of beer at conferences. His rationale: at events where his goal is to make contact with those whom he might eventually turn into clients, if he's trapped in a conversation with someone who is not within his target audience, he is never more than a half-glass away from having an excuse to exit the conversation. "'Scuse me, I've really enjoyed speaking with you. I need to freshen my drink." (I don’t know who first came up with this idea, but my old friend Jeffrey Horn taught it to me.)
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JOIN ONE INDUSTRY ORGANIZATION
Get involved and network. Do not limit yourself to meeting other lawyers (unless they're your target market, e.g. PI, divorce, and criminal lawyers). Don't join too many groups or it is impossible to get sufficiently active. Paying dues doesn't get you business, getting active and attaining a leadership position does.
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WRITE IT DOWN
When was the last time you received a handwritten note? In the era of quick-and-easy email, a handwritten note packs a punch. Every time he sees a friend or client's name in print, a lawyer I know dashes off a quick handwritten note on his preprinted stationery. It's not long, twenty words, tops, in blue felt-tipped marker on a card small enough that it doesn’t take much to fill it. But that's not the point; the act of taking the time to write the note creates enormous impact, and it's the kind of impact you want to create in your marketing and relationships. Make it part of your busy schedule and reap big rewards. Relationship-oriented politicians write dozens of brief notes every week -- to great effect.
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ATTEND BUSINESS-DEVELOPMENT EVENTS ALONE
Meeting new people is stressful and difficult for most people. Attending a business-development event with a friend or colleague makes it less likely that you will make the effort to meet someone new. If you must go with a friend, agree in advance to separate at the door and not talk again until you're on the way home.
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ALWAYS WEAR A NAME TAG
Other people want to know what firm you represent, and it draws people to you. A nametag helps them ask you questions and remember your name later. Put it on your RIGHT lapel so it can be seen more readily when shaking hands. It's a clip-on business card; write large and legibly, so that it conveys a professional image. Women might have to plan ahead -- if you're not going to pierce your silk blouse with a pin or clip a name tag to it, be sure to wear a blazer on those days.
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PREPARE AN INTRODUCTORY DESCRIPTION OF YOURSELF
Create a verbal picture of yourself in answer to "what do you do?"
Which is a more helpful answer:
"I'm a lawyer."
or:
"I help mid-sized Chicago-based businesses avoid employment disputes with their union workers."

Of course, you must ask them this question first, so when asked in response, you can phrase your truthful answer in the way most useful to their needs.
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ALWAYS CARRY BUSINESS CARDS
It's how people will remember you after an event. At an event, keep them handy, so you're not fumbling around trying to pull a dog-eared leftover out of an obscure compartment in your wallet. Keep them in your suit coats, blazers, overcoats, jackets, trench coats, sports bags, gym bags, glove compartment. . . everywhere. Use them as bookmarks in your vacation paperbacks by the pool.  Men, your suit coats typically have a secret business-card pocket inside your coat, near your left hip. Women, your blazer "pockets" are usually just flaps, so plan your wardrobe to ensure you can effortlessly pull out a card. Don't leave home without them.  

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