Further, according to SEO expert Tom O’Leary at The Attorney Marketing Blog in a post today, smaller firms have an advantage over BigLaw when it comes to search engines. It isn’t that they couldn’t overpower the smaller firms with their extra people power, it’s just that they don’t.

According to Tom, solo’s and small firms dominate search engine results in various markets and categories. He says it has something to do with BigLaw’s “complex, database-driven web sites,” which are not search engine friendly, managed by outside vendors without SEO experts, and burdened by fear of change due to their “huge investment” in their current site. And, too few large firms have blogs (although individual lawyers in some of these firms have very good ones), which search engines do like.

Tom’s advice to smaller firms: “keep adding content and posting to your blog.” This will give you a competitive advantage when it comes to Internet marketing. 

I remember in David Maister's book True Professionalism where he recounts that 75% to 80% of lawyers he has surveyed merely tolerated or disliked the work they did in the past year or so. And 65% to 70% had similar reactions when asked about the client 's they had done the work for. Truly sad!

Again, I have to give credit to Larry Smith and Richard Levick of Levick Strategic Communications and their 365 Marketing Meditations: Daily Lessons for Marketing and Communications Professionals for the timing of this post. Their meditation for today states "don't work with people you don't like."

The solution: spend your marketing and business development efforts and resources seeking the legal work and clients you do enjoy. Don't waste your marketing time or dollars on the rest.

As I was searching for a blog idea, I ran across yesterday's "meditation" by Richard S. Levick and Larry Smith of Levick Strategic Communications from their little handbook entitled 365 Marketing Meditations: Daily Lessons For Marketing & Communications Professionals. It reads:

"Do not count on entertaining clients as a way to get their business. That is only a first step. Some executives go out of their way not to hire people who take them to ballgames."

I have no personal knowledge that executives would resent being entertained, but I can see that it is possible, without a pre-existing relationship of some sort, that such an invitation may be taken the wrong way. And I'm not sure that entertaining is necessarily the "first" step, when in fact it could be the 10th; but, the overall message is valid.

We need to keep in mind that we are in the relationship building business, and that entertaining is just one tool in developing business from clients and referral sources. But standing alone, it isn't enough.

Bob Weiss has an item in the current issue of ABA’s Law Practice Today that points out the importance of checking on referrals you make to assure that the person was well served. A bad referral is worse than no referral. Bob suggests:

“Calling the person you referred soon after making the referral. Make sure the call was taken, or that the email sent or voice mail left was responded to timely. Eventually, find out how well the matter was handled, if the results attained were satisfactory and if the fees charged were fair.”

Then, provide feedback to the professional involved. He also recommends, when making a referral, to provide “three names,” so the client can make up their own mind after talking with each. Of course, let each referral contact know that you gave their name to a client. 

Stacy’s article appeared in both The Legal Intelligencer and on Law.com’s Small Firm Business. Here are a few of her suggestions that I especially like, and have discussed at one time or another myself:

• Visit your clients off the clock;
• Ask for client feedback;
• Buy your clients products and services, where possible;
• Send them customers or clients;
• Support your client’s charity(ies) of choice;
• Offer free CLE programs for their legal department;
• Attend board meetings free;
• Nominate your client for an award;
• Give the client’s kids tickets to events, theme parks, and such;
• Entertain clients;
• Ask client to join a panel with you; and one of my favorites
• Befriend your clients. 

Whatever moves you, do something that will add value to your client relationships.

In a recent article by Amy Miller in The AmLaw Daily a number of In-house counsel, who attended E. I. du Pont de Nemour's recent legal network meeting, made it clear that it is "okay to spoil the ending" and "to be boring." In other words, the message from “In-House Lawyers to Outside Counsel: No Surprises, Please.” 

They pointed out that predictability, "maybe even more than alternative-billing arrangements," is what they want. Additionally, they:

• Don't want their lawyers to be strangers,
• "Be budget friendly," and
• Look for early resolutions to their cases.

Nonetheless, I would venture to say that in-house counsel would not mind pleasant surprises, such as outside lawyers that beat their own deadlines, understood their business, seek feedback and let clients determine the value of a matter. Those are just some of the good surprises that were mentioned in my post "Surprise Your Clients!" In fact, if outside lawyers were to make those "surprises" routine, then they wouldn't really be surprises and my schizophrenia would disappear. That’s a good.

The important point is to avoid bad surprises and emphasize the good ones in your client relationships.

Sara Holtz over at Women Rainmakers bLAWg also reports on some good advice she received from a client along the same vein. She referred to it as “baby steps,” and relates how she started walking to relieve stress, then running and finally working herself up to a half-marathon not having that goal in mind when she started. Goals are a good thing, but a dose of realism when starting out is even better.

I agree with Holtz that “this business development stuff is like the running” or like playing baseball. Both analogies work when it comes to developing legal business. Lawyers should not expect that by starting to jog that they will make the Olympic team in the same year, or go from the minors to the major leagues and win MVP in the next All Star game.

The process of developing business takes a lot of work over time. And we both agree that you start "small with low hanging fruit" such as with existing clients, friends and referral sources. Expectations need to be realistic, and lawyers need to be in it for the long haul.

It’s nice when clients understand that.

Okay, I’m never going back to that guy, right? Huh! I probably sent him 15 customers in the next several years (he should have paid me a commission), and I never asked again for an estimate of repairs in advance.

What brought this story to mind is an article in Trey Ryder’s recent newsletter suggesting that if lawyers instilled similar loyalty in their clients, they “would not even think about hiring another lawyer.” His story is also about his car and the value his dealer added to their relationship. Trey’s ideas for lawyers involve adding value to the client’s experience by “how fast you respond to clients, how accessible you are, the services you offer, and your staffing and client resources.”

Getting back to my mechanic story, consider this idea. Knock 10% to 15% off an invoice and let the client know you did so because the matter took longer than you thought it would or should? The client’s trust in you – and loyalty – might just grow exponentially. Do you think? 

• Rates are more reasonable;
• In-house lawyers are more cost conscious;
• More flexibility when it comes to alternative fees;
• Greater value from partners vs. inexperienced associates in larger firms;
• Fewer conflicts of interest problems; and
• Some BigLaw partners are moving to smaller firms.

Okay, you may say, so what are the do's and don'ts in pitching corporate counsel? Here are a few things to keep in mind in approaching potential clients, according to Frank M. D'Amore, the founder of Attorney Career Catalysts, in an article that appears on Law.com's Small Firm Business. You should:

1. Differentiate yourself in a “significant way."
2. Do not oversell your lawyers' capabilities (in-house counsel can tell a lot by what is said and not said in a lawyer's bio);
3. Do not oversell your firm's capabilities (In-house counsel are not fooled by inflated claims about particular expertise on a law firm's web site);
4. Do ask the prospect, what specifically they are looking for in order that your proposal will be specific (and avoid seeking work when it is beyond the scope of your firm's core capabilities. The reason is pretty simple really. When given another opportunity to pitch the company for work where your firm is strong, your prior honesty will greatly enhance your chances of winning that work); and
5. Finally, don't overpower the potential client by sending too many lawyers, or sending the wrong lawyers; e.g., a lawyer for diversity purposes when they will have no role to play in the matter or a senior corporate lawyer for the “grey hair” affect for a litigation matter.

D'Amore points out that in-house lawyers are pretty savvy and have been pitched by many law firms. So, be specific and truthful as to the true capabilities and value your firm brings to the table.

Another Reason Smaller Firms Will Pick Up More Corporate Work

Marketing Opportunities Abound for Mid to Small Law Firms

More Evidence That Smaller Firms Are Winning Over BigLaw Clients
 

Building on that idea, I came across an interview of Gerry Riskin of Amazing Firms, Amazing Practices by Arnie Herz of Legal Sanity. Although there are consultants out there who openly refer to themselves as experts or gurus (no names of course), Gerry is not one of them, because he doesn’t have to, and because he is too classy. But, he is one. And I’ve been a fan of his for years.

In his exchange with Arnie, Gerry relates a simple tale of how a powerful, successful person he met on an airplane told him in response to a question that his “biggest complaint about a law firm” was his “reception area experience.” He was pretty much ignored by everyone, including partners, who traversed the area as he sat there. It was as if he didn't exist. I can sorta empathize with that person, except for the billionaire part.

Gerry points out that obviously this is not intentional behavior, but rather "blind spots, based on familiarity." He then goes on to say that what is needed is a fresh set of eyes, and "the best source of fresh eyes is your clients." And the way to get them is to ask your clients what they like and don't like about their experience with your firm, and what should be done differently.

Good client experiences = successful business development.

His main point is that with all the pressures on lawyers today – billing, business development, family demands/desires, managing your practice, and personal self-time – some simple management ideas could keep the best of us from burning out.

Specifically, Trautz provides his ideas in five areas: Client Service, Financial Management, Marketing, Technology, and Office Systems and Processes. Although one can argue (as I often have) that everything a lawyer or firm does is related to marketing in one way or another, I will confine this post to his suggestions in the areas of client service and marketing specifically.

Client Service

• Enter your office and open your eyes to what clients see and how they “experience” it, starting with the look and feel, to the likely personal interactions they’ll encounter; then, draw up a “list of improvements;” (better yet, ask them in person);
• Prepare a client satisfaction survey (or use one of those he suggests) and put it online (better yet, ask them in person); and
• Review and revise your engagement letter to meet ethical standards (he suggestions many do not), and eliminate legal jargon (basically make it a positive, friendly document); and

Marketing

• Require that everyone in your office understand their role in marketing, and to buy-in to contributing in some way (and the firm should provide the necessary training where needed);
• Keep the marketing plan simple and short, but with meaningful, measurable action items that will develop the clients you want, in the practice areas you enjoy. Further, aim to gain more of the same (start with your current financial records to see where the said desirable work is currently coming from);
• Turn a seminar speech into an article for publication, and then send it to clients and to those you met at the seminar (what Trautz calls “four-for-one” marketing); and
• Improve your web site with testimonials (where ethical rules permit), and add a video to your site.

Not all marketing and business development ideas need to be difficult or stressful. Sometimes simple is smarter.

I’m not sure why any business, whether B2B or B2C wouldn’t think that emotion is an important element in any relationship. Yet, according to that Gallup poll, reported by Ed O’Boyle in the Gallup Management Journal, 65% of B2B customers are either not emotionally engaged or actively disengaged, while only 45% are emotionally attached or fully engaged. If those numbers are even closely mirrored in the legal community, then there are a lot of business clients that could be persuaded to “engage” another law firm.

Thanks to Mike O’Horo at SalesResults for his discussion of this in his May 19 issue of Results Mail. It got me thinking about a 2005 post of mine where I talked about the "emotion factor" and how any client relationship should contain large doses of making the client feel good about what you and your firm did for them. You might find it worth another (or initial) read.

In this economy, a little love will go a long way in retaining key clients.

An article in last month's Strategies, the journal of the Legal Marketing Association by Joyce Smiley wrote about providing real value to clients with satisfaction surveys. Her article covered two points that I agree with. First, the firm should conduct client feedback surveys, and secondly, that law firms need to develop a “complete program” after a few initial successes.

Smiley mentions three surveys, two by The American Lawyer. One late last year where only "2% of the responding firms made the effort in 2008 to meet with their top 20 billing clients. The other survey was of in-house counsel members of the networking site Legal OnRamp who "reported that their outside firms don't even bother with client satisfaction surveys." The third survey was of LMA’s members that showed that in 2008 client feedback was “respondents’ lowest (budget) priority.”

Okay, so the message is clear. Client satisfaction checking wasn’t a big deal in 2008. And based on this year’s marketing budgets, you can be certain that they ain’t lookin a whole lot better for 2009.

The bright side is that a few firms are taking a longer term view by actually establishing in-house feedback programs, as I reported in an Of Counsel article last October. One firm I mentioned, Duane Morris (who unfortunately let their “client interviewer” go with a round of staff layoffs just before the article went to press), was also highlighted by Smiley. It’s good to hear that DM’s program is still ongoing.

Whether the firm has an in-house program or uses outside consultants for their client satisfaction surveys, they need to be careful that the feedback programs are not perceived by clients as just another marketing fad. Smiley reports in her article on how one in-house counsel, who was asked to be part of a client panel at a law firm, felt that the discussion was really about marketing, rather than client satisfaction. Moreover, this in-house counsel stated “we’re going to do (performance reviews) internally,” since the law firms weren’t serious about doing them themselves.

• Lesson One: Conduct client satisfaction surveys (whether using an in-house program or an outside 3rd party) or you can be certain that the client will be riding that horse; and
• Lesson Two: Be sincere (make sure your efforts come across as truly seeking feedback and relationship building), and the marketing will take care of itself.

By way of explanation, I ran across an interview by Dan Schawbel at Personal Branding Blog with Andy Nulman, author of a book about profiting from the power of surprise when it comes to developing your brand. What I gather that Nulman is talking about is standing out from the crowd, being distinctive…yes even shocking to your target audience.

It got me thinking about what kinds of surprises by law firms would actually “shock”clients in a good way. What immediately came to mind includes:

• Not just meeting deadlines, producing your work product early;
• Returning calls promptly, like almost immediately;
• Discounting a bill without being asked;
• Raising billing rates only after discussing it with the client;
• Understanding – really understanding – their business;
• Letting clients determine the value of a project; and
• Seeking feedback, and then acting on what you hear.

Maybe surprises are not always a bad thing. And undoubtedly some firms actually get it and have surprised their clients in some of these ways.

So, yes, surprise your clients… but pleasantly in ways that matter.

One might think that someone who started practicing law in 1952 might be a bit long in the tooth when it comes to developing business in this day and age. The world is different today after all. Well, maybe it is and maybe it isn’t.

Frank Love, Jr., formerly with Powell, Goldstein, Frazer & Murphy (now part of Bryan Cave), gives some very sound advice that is just as valid today as it was in the “days of old.” Some of his sagacity: (with my usual comments in parenthesis)

• “When the economy is bad, litigation explodes. And when the economy is good, litigation goes down and corporate goes up;”
• What hasn’t changed in this world is “the need to attract clients;”
• And you “have to do something…,” Love says. “If people don’t know you, they’re not going to hire you, and if lawyers don’t know you (including in your own firm, I might add), they are not going to refer business to you;”
• Ask clients for work (I have clients you have told me they are afraid to ask). If you don’t, “they won’t think of it,” according to Love.
• “Happy clients are a good source of business” (so find out if they are, and correct what makes them unhappy); and
• Take clients “out now and then,” and don’t eat “lunch on your desk.”

And maybe his sagest advice of all involves the use of the telephone:

"One of the big problems I have with all this electronic communication. Instead of picking up the phone and talking to the client, you send e-mail. There are two things wrong with that. One, it creates a record of whatever you said that is difficult to get rid of. And two, it's not personal. You don't get a personal response. You get another e-mail in response. And oftentimes they're misconstrued."

Now there is some old fashion advice worth paying attention to. According to French author Andre Maurois (July 26, 1885 – October 9, 1967) “Growing old is no more than a bad habit which a busy person has no time to form.”

So, follow Love's and Maurois' sage advice. Get busy and crank up that marketing.