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Legal Marketing Blog

A blog dedicated to lawyer marketing in any size law firm

Marketing Litigators

By Tom Kane on Posted in Marketing Tips

Although there are some differences in how to market litigators, there are things that work for transactional lawyers that also work for those who try cases for living. The question as to how to promote a litigation practice was put to three members of LMA whose response in “Marketing a Litigation Practice?” appeared on Attorney at Work recently. The consensus of the three was that writing, speaking, and networking were clearly the favorites for success. I would agree; but, there are additional tactics that can help as well.

One involves a short story: when I was an in-house marketer, one of the top lawyers in the litigation department – other lawyers would agree he is a trial lawyer’s trial lawyer. He loved to try cases, and didn’t use scorch earth tactics. Just a really nice guy who was good at what he did. He came to me in January one year and said two of the cases he had set for trial that month were settled at the insistence of the client. He then asked me what he should do. I said to him “you know what you have to do…” and he finished the sentence “… make a trip to California, I know.” He represented a number of Japanese companies handling products liability cases. So, out he went for a few days of schmoozing a number of clients, and returned with four new cases.  Lesson learned:  visit your clients off the clock and, more often than not, you will gain immediate new work.

Okay, okay, I know that all litigators do not have the luxury of clients confronted with a steady stream of lawsuits, and may only handle one case for a client. But there is still value in visiting that client to see how things are going, and with “staying top of mind” a worthwhile goal.  The client, because of their own lawsuit, may be particular attuned to hearing about others they could refer.

Other business development actions that can help include:

  • Being active in organizations where your types of clients hang out. This would include speaking, writing and networking opportunities of course; but may also, by being really active as a volunteer or holding a position of influence within the organization, offer opportunities for a greater profile than your competitors; and
  • Being an available legal source for reporters on the local and national stage.  Take a reporter to lunch is a good way to start a relationship that can produce results in time.

There are many opportunities you could take advantage of to market yourself as a litigator.  Sitting around and bemoaning that marketing a litigation practice is different isn’t one of them.

Good Client Surprises, Good For Business

By Tom Kane on Posted in Client Communications, Marketing Tips

Okay all you rocket scientists out there, you know that “good” is better than “bad.” So, why do some law firms still surprise their clients in bad ways.  By that I mean, fail to meet deadlines, fail to attend to and keep clients informed about their matters (the basis of 80% of grievances filed against lawyers BTW), as well as not communicating generally by not returning phone calls and emails in a timely manner, charging way more than the client expects without forewarning them, etc. etc.

Recognizing that the aforementioned all annoy the heck out of clients, why do some attorneys still do these things?  Don’t “they” realize it is dumb marketing?  Apparently not.

Rather doesn’t it make sense to do the kinds of things that surprise clients in favorable ways? Of course it does, say all you rocket scientists!

My friend Merrilyn Astin Tarlton on Attorney at Work highlights a number of surprises that will please clients. I too have been arguing the benefits of several of them over the years, such as:

  • Visit your clients off the clock. This is No. 1 on my “Kane’s Top Ten Marketing Tips” list. Thus, I am happy to see Tarlton place “go calling” first on her list of how to favorably surprise clients.  It simply involves dropping by or scheduling a non-billable visit to your client’s office to learn more about their business and “understand what their enterprise looks, feels and sounds like.” BTW it often leads to immediate new work;
  •  Befriend your client (criminal defense lawyers can ignore this one). Genuinely compliment your client on anything that they are likely to be proud of.  Relationship building goes beyond doing a good job for a client. Believe it or not clients are human too;
  • Help your client avoid future problems.  This is like seeing “the big picture,” according to Tarlton. Provide training and advice as to how to avoid legal problems that you’ve handled for the client. Yeah, they’ll be shocked by that one, but in fact, it will lead to more business and referrals from a very surprised client;
  • Under promise and over deliver. This one I’ve mentioned on several occasions over the years, and you can find reference to several posts on the topic here. Tarlton’s idea of promising it by Friday but deliver it on Thursday is exactly the point. Clients will truly be surprised, since they are more use to barely getting the legal product when promised, much less early;
  • Thank your clients for the business. As Tarlton points out remember “who is doing who a favor.” And I particularly like handwritten notes, sent in hand-addressed envelopes. Oh, an email doesn’t come close as a surprise factor;
  • Seek feedback. Yes, at various stages of your client encounters, ask how you are doing, how you did and what you could better in the future. Too few law firms bother (or are afraid to ask), so it does surprise clients when lawyers ask about their level of satisfaction with the legal services provided.

Actually, some clients are not surprised when firms do some or all of these things, because there are firms out there that are very smart when it comes to developing business.

Ask Your Audience What They want to Hear/Read!

By Tom Kane on Posted in Marketing Tips

When I am going to give a talk to a trade group, such as a Bar Association, I ask for the opportunity in advance to speak to the conference leadership or members who will be in the audience. The reason is simple, I want to find out what they want to learn, and take away from the session.

In other words, I’m trying to figure out the answer to the often unspoken question from prospective audiences everywhere: what’s in it for me?

Whether you call it by its new jargon “thought leadership” as Sally Schmidt does in a post this week on Attorney at Work, or the more commonly recognized terms – writing and speaking, both are excellent ways to educate your target audiences and raise one’s profile regarding one’s expertise. That is why both are on my top 10 list of marketing tips – Nos. 6 and 5 respectively.  It is always a good idea to give ‘em what they want.

But first, you need to ask your prospective audience.  In Schmidt’s post, she gives the example about an author writing about the sale of a dental practice. She suggests that a good way to go about that is to ask other dentists who have sold their practices for advice. You could ask them about their experience, and what they would do differently.

So, when you are writing or speaking, it is a good idea to meet the expectations of your audience (ask the editor in the case of publications).  The result is that your expertise will more likely be remembered by those you hope to attract as clients or influential referral sources.

25 Tips for the New (and Old) Lawyer

By Tom Kane on Posted in Marketing Tips, Uncategorized

It has often struck me as odd that articles aimed at categories of lawyers (newbies, middle-age, old and the extremely long in the tooth) can just as well and should be directed at lawyers of all ages. Such is the case with a download I ran across on Attorney at Work.

It is entitled “25 Tips for the New Lawyer.” It is really good, and contains snippets that apply to all lawyers. I found it a good reminder of the things that lawyers should pay attention to no matter what stage of their career they find themselves. The following are a few I particularly like relating to marketing (as usual, my comments are added in parentheses):

  • “Your client is always right. (Most of the time, that is.)” (My only disagreement here is that clients are always right all the time, at least from a marketing standpoint);
  • “Return phone calls promptly. Really.” (Within no more than a couple of hours in this day and age. If you are unavailable, empower someone else to at least communicate your unavailability and when you will get back to them);
  • “Before beginning the work, ask your client or supervisor what success will look like. Don’t just guess. You’ll probably be wrong.” (Certainly, this is more applicable to the new lawyer, but all lawyers should apply this tip when it involves two a new matter from a client);
  • “While your client or colleague is in your law office, you are the hosts. Act like one.” (Make sure your receptionist knows this, and courtesies – including short wait times – are followed);
  • “Under-promise and over-deliver. Never the other way around.” (Particularly when it comes to deadlines, I like to recommend to lawyers that they beat the deadline by a day or two. Most clients would be favorably overwhelmed.);
  • “When you complete a matter or a task, ask for feedback. Be clear that you’re not looking for flattery-you want to know how to improve next time.” (Client satisfaction is so important in order to obtain additional work or referrals from a client, failure to demonstrate that you really care about the quality of your services may border on marketing malpractice.); and
  • “Remember that clients don’t always one a lawyer. Sometimes they just need someone to listen to them.” (In a marketing context, make sure that is at least 50% of the time.).

In addition to this document being an easy and a short 5-10 minute read, it has links to additional articles and blog posts bearing on each tip. This is a valuable tool for lawyers of any age, even if it only to serve as a refresher.

Tips for Better Client Communications

By Tom Kane on Posted in Client Communications, Marketing Tips

I’m a strong believer in the adage I first heard from a marketing partner, who was a friend and mentor at one of my in-house marketing positions; and it is “marketing is everything you do as a lawyer.” The thought came to mind when I saw an article by Jared Correia on Attorney at Work last week in which he provides five tips for better client communications. Although his article was addressing what a lawyer could do to better manage his or her law practice, it could have just as well been talking about how to market your practice better.

He mentioned technology and how keeping a client informed as to your technical capabilities to protect their information, and how client files could be handled over time, as well as document management generally. Again, keeping clients informed about such things is not just good management, but could serve as a good marketing tool, as a result of effective client communications. Correia also suggests it is good practice management (and I would add marketing) to introduce members of your team to clients, so they are aware of whose working for them and are not surprised by a call from an unknown person at the firm.

The two tips that particularly struck me as clearly deal with marketing issues are:

  • Lack of communications.  According to the NY (which I wrote about before) and NC State Bars, 80 percent of grievances are due to poor communications and inattention to client matters.  Correia suggests regular contact with clients to “just to check in” is much better than waiting to communicate only when you need something. And the best way is to pick up the phone and call them. IMHO that’s just smart marketing;
  • Ask For referrals. In my experience a lot of lawyers are reluctant to ask clients for referrals. Sorry folks, but get with the real world. If you have a happy client it really makes no sense to not ask for referrals, since business people do it all the time. It is not strange to them and is considered a normal business practice.

Correia’s article is a good read and one well worth your time. I particularly liked his “With a twist” addition to each tip.  Communication is so basic to good client relationships.

What Corporate Clients Say About the Future, and the Role of Project Management

By Tom Kane on Posted in Client Communications, Marketing Plans, Marketing Tips

Although there is a tendency to jump right into it new matter as soon as the client gives the go-ahead, that is the wrong thing to do. Not only from the standpoint of adequately serving the client and meeting client expectations, but it could end up being a financial disaster for the law firm (Read: client imposed discount/lower realization rate).

Patrick Lamb had a post on Legal Rebels this month that talks about a two-day program at which in-house and outside counsel addressed what each interprets their job to be in a legal relationship.  He then provides a number of bullets on what “some of the notes on the ideal future state from the inside counsel group” viewpoint included.

It struck me that the highlights of the two-day program covered by Lamb in his post were really all about project management. My colleague Jim Hassett, founder and president of LegalBizDev, has written the definitive book (3rd edition will be out next month) on the eight key issues that comprise legal project management.

So, what does the future look like?  Some of the points mentioned by Lamb are in quotes (with Hassett’s relevant key issues in parentheses):

  • “Detailed, succinct quality communications” (7. Manage client communication and expectations);
  • “Never having to review a bill/agreed fee and terms” (1. Set objectives and define scope, 4. Plan and manage the budget);
  • “Managing to a number” (3. Assign tasks and manage the team, 4. Plan and manage the budget));
  • “Both sides have skin in the game” (5. Assess risks [to client and firm] to budget and schedule);
  • “Outside lawyers understand what risks client is willing to except” (5. Assess risks to budget and schedule);
  • “Syncing legal approach with business perspective” (1. Set objectives and define scope).

The inside and outside counsel discussion mentioned by Lamb emphasized the importance of better planning, budgeting, execution and communications in their relationship. Legal project management clearly can do just that to improve the attorney-client relationship.

Food for thought.

Just Because You Made Partner, Don’t Think You REALLY Have It Made

By Tom Kane on Posted in Marketing Tips

You have just begun. It really is no secret to folks that have been around law firms for as long as I have that when in an associate is promoted to partner oftentimes it’s because they’re a very good lawyer. But they may have little or no capability of fulfilling all of the other responsibilities of a partner. They may have been selected because of a powerful mentor, or the firm recognized their long-term value to the firm and didn’t want to lose them to another firm.

What is very important for any new partner to recognize is that they really are not a full partner in the practical sense of the word. To be successful they must recognize the need for certain skills that are critical to that success.

Recently covered on Attorney at Work is an excerpt of a book by Marian Lee entitled Building Your Ladder: An Associate’s Guide to Success Beyond Partnership published by the ABA. It is true that as a partner you will need “an entirely different set of skills for the later phases of your career,” according to Lee. She goes on to warn avoiding becoming just an overpaid associate, pointing out the need to gain strengths beyond your legal skills in the areas of business development, client relations, practice management and leadership

Let’s take a look at each:

  1. Business Development.  Included here Lee mentions skills such as “networking, branding yourself, developing a niche, self-promotion, client consciousness and the ability to recognize and seize opportunities.” Not possessing these skills is the reason that some partners are unsuccessful. And it is not always the young partners fault, with the firm discouraging their gaining such skills when they were associates;
  2. Client Relations. This skill involves going beyond bringing in new clients.  It requires growing client relationships.  Successful relationships are mainly built through good and frequent client communications;
  3. Practice Management. A big part of managing a practice involves “understanding what makes a firm profitable, allocating your time wisely, recording your time diligently,” handling billing statements in a timely manner, and letting go of unprofitable clients and work; and
  4. Leadership. Important here is the development of the talents of others who work with you, and to “inspire, encourage, and persuade” them, as well as setting and reaching personal and firm goals.  I really like her suggestion to associates prior to making partner. Since it is hard to gain firm leadership skills while an associate, it is a good idea to develop such skills outside the firm by volunteering and taking leadership positions within various community organizations.

Lee sums up the excerpt by emphasizing the significance of maintaining a great attitude and building relationships both internally and externally; and, as a partner, adding overall value to the firm, which may just ensure job security and more freedom.

EVERY partner or prospective one should get a copy of this book, either from the ABA or Attorney at Work bookstore. It just may add to your success as a partner.

5 Easy Marketing Tips for the Young (and Experienced) Lawyer

By Tom Kane on Posted in Marketing Plans, Marketing Tips

Sometimes I run across an article or blog post that just strikes me for its simplicity and clarity. Such was the case when I ran across an article by Orlando attorney Tony Sos that appeared in the most recent online issue of Law Practice Today. His “boots on the ground” marketing tips were primarily designed for the young lawyer, but I find that too limiting. Many experienced lawyers can benefit from the advice, even if only as a refresher.

So let’s get right to them:

  1. Work at being top of mind with clients and referral sources. (Sos only mentioned referral sources here, but I include clients since, to state the obvious, they are an incredible source of referrals.) I liked his idea of planning each month to takeg “X” referral sources to lunch (or coffee if your budget is limited). I also favor building a quarterly contact list of contacts to at least touch in some manner (by email, telephone, visit, lunch, or sending its information of interest) each quarter. Say your list is only 50 people, that amounts to 200 touches/top of mind opportunities in a year. It works;
  2. Speak to overcome inexperience and raise profile. That is why this tip is No. 6 on Kane’s Top Ten Marketing Tips. And when you have an upcoming speech, let people know about it on social media, as well as those on your contact list (you can also turn your speech into an article for publication (No. 7 on my list) in both print and online media);
  3. Actively seek out opportunities to make referrals. One way to do that according to Sos is to make a list of noncompeting attorneys and their areas of practice. When you have the opportunity or are asked, you can quickly refer to your list and make a referral(s) quickly when the opportunity presents itself. Make sure to let the referral source or sources know that you have made the referral;
  4. Become involved in organizations where your ideal clients hang out. This is No. 10 on my list of top marketing tips, and can include local chambers of commerce or trade groups that current clients and/or your ideal clients belong to. Keeping abreast of issues affecting such groups, you can offer to make a speech (or write an article) for their members. This also helps with accomplishing tip number 2. above; and
  5. Do excellent legal work. Oh yeah, I almost forgot about this one. Not really!  Us old guys can relate to the bygone days when all it took to get more business was to do good legal work. We know better today, and that is why it is number five on this list. It is critical for success, but you need to do much more in today’s competitive marketplace.

As I say, these are pretty basic and straightforward tactics to increase your business development for both the younger and more experienced attorneys. Stop procrastinating and start implementing these tips today.

Marketing Plans Can Be a Waste of Time and Money

By Tom Kane on Posted in Marketing Plans, Marketing Tips

Recently, I receive an RFP to provide marketing services to a large regional firm with a deadline of today.  I declined.  The request included strategic planning, advertising plan, pitch training, part-time consulting, and more.  Nothing sought in the RFP I had not done in some fashion in my 27-plus years as a legal marketer.  It was a large project that was going to be very expensive.  A consultant’s dream.  Nevertheless, I decided not to bid as I thought in the end the client law firm would not be happy.

I extended the courtesy of telling the managing partner of the firm why I declined.  A combination of too general an approach, and the amount of time it would consume to the detriment of other clients.  Mainly, I saw a lot of planning effort but not a lot of focus on individual lawyer efforts.  The one thing I have learned in my quarter century in legal marketing is that lawyers are pretty good at planning, but when it comes to implementation, not so much.  There is a lot of money in planning.  I once saw a national consulting firm rip off hundreds of thousands of dollars on planning efforts that wouldn’t likely (and didn’t) go very far.  All C-level staff was opposed to the effort, but attorney management was in favor.

So, how can marketing and business development work? By ensuring that the individual lawyers plan and implement individual action plans – whether part of a larger group or firm plan.  It could happen with the firm in question, but the RFP didn’t point in that direction.  But, it isn’t just individual plans that are needed but a structure that actually ensures the plans are implemented.  Honestly, the only way I see that happening is for the lawyers to have an internal or external coach (aka nag and motivator) to assist with and ensure the each lawyer implements his/her plan. And further, there needs to be assurances that regular coaching progress reports are submitted to management so it can see and evaluate the success of the firm’s overall business development efforts.

It seems like a really nice firm.  I merely think they are trying to do too much all at once, which can result in wasting time and money.

Give Information Away, and It’ll Lead to Paying Clients

By Tom Kane on Posted in Marketing Tips, Prospecting for Clients

Some lawyers still are hesitant to give a lot of information away. Whether when asked a legal question or during seminars.  What brought this on was an experience I had with my computer.  Stay with me here.

My computer died last weekend.  Problems began with a blank screen and when I tried to reboot, nothing happened.  The “experts” at a computer supply store couldn’t figure it out, but did refer me to a local one-man shop.  He told me in about 15 minutes after some Internet research, and taking the back off the laptop, that it was the motherboard in combination with the graphics card.  With this particular computer model, he said he gave up trying to fix the problem, because he had learned from previous experience (and unhappy customers), the problem was likely to return in six to eight months.  He referred me to someone else. I decided to buy a new computer.

In all he spent about 40-45 minutes with me, and didn’t charge me!!  I said “aw, come on, certainly I owe you for your time,” but he refused.  He suggested I purchase a Gateway (didn’t know they still made them), Toshiba or Dell, since I was insisting on sticking with Windows 7.  Now, do you think I will refer others to him, if I get a chance? Of course!!

Bottom line:  received my new Dell Wednesday, and even though I had a recent backup of my hard drive, who do you think I went to transfer my old hard drive to the Dell? Duh! And I didn’t even ask him what he charges to do that. It’s call trust.

Which brings me to today’s meditation from my old standby 365 Marketing Meditations: Daily Lessons for Marketing & Communications Professionals  by Larry Smith and Richard Levick of Levick Strategic Communications.  It is: “The best client giveaway is information. They’ll value it enough to pay for more.”  Amen.