It may not seem fair that lawyers must be both salespeople and producers of the legal product, but that is the nature of professional services. More lawyers today buy into the need to contribute to their own survival. Of course, they are the ones motivated to develop business. Those who aren’t need only to have a conversation with partners who have been let go.
Over the years I have helped prepare hundreds of marketing plans. Too many have ended up on the proverbial shelf not to see the light of day. There are several reasons for this, mainly a lack of commitment by the lawyers. Some of the main reasons for that include:
- Individual lawyers didn’t buy in to the overall firm or practice group plans;
- Plans may been dictated from on high, with little input from the lawyers affected;
- Lawyers just aren’t interested in developing business (that was the case in the earlier days of law firm marketing, and unfortunately too many still feel that way);
- Since the firm will do the marketing, they don’t believe they have to, so why plan;
- May even give lipservice to the plan, and then ignore it; and
- Attitude – “I didn’t go to law school to be a salesperson;”and so on.
I’m referring to marketing plans that are more institutional in nature. They include goals and objectives, vision and mission statements, and focus such things as websites, publicity, advertising, newsletters, etc. Things that individual lawyers hope to avoid or hide from, or leave to other lawyers. Yes, some include lawyer assignments, but we lawyers area clever bunch at finding ways to avoid duties we do not want to do.
If you are still with me, let me emphatically say I am very big on individual lawyer business development (sales) plans. These are specific, actionable, agreed upon plans focused on what each individual lawyer will undertake personally. There is no hiding here.
Okay, okay, you can’t really forget about marketing plans. But, you best give a high priority to individual business development plans that will get the lawyers to commit to bringing in business; rather than assume that the firm or other lawyers will keep their plate full.
The goals and objectives of the firm and practice groups should already be in place. And yes, the individual plans must fit into the overall plan of where the firm and practice group wants to go. But, if you don’t focus on requiring individual, actionable business development plans, I wish you luck in getting the lawyers to contribute to the success of the firm.
P.S. Ran across an interesting twist relating to marketing plans in a post by John Hayes on B2C blog. He starts out by saying he too is opposed to marketing plans, but he doesn’t mean it either. He encourages more of a real world approach to planning.
Read a post on the Cordell Parvin Blog about the reasons your client development efforts may not be working. I’ve heard lawyers complain over the years how they are doing “stuff,”, but nothing seems to happen.
I’ll put a different twist on Parvin’s post by suggesting ten tips (using his thoughts) you can use to improve your business development efforts:
- Do more than good work. Clients may not fully appreciate what the value of your work product is (most didn’t go to law school afterall). So, you need to let clients and potential clients know about you and your firm, and what you could do for them;
- Prepare a plan. You need to prepare your very own personal, focused business development plan;
- Implement the plan. Maybe it isn’t fair you have to both sell and produce the work product. Well, that’s life in the personal services business. Keep the pipeline fed, using the tools at your disposal or the work eventually will not be there (ask many partners let go by law firms). Look at Kane’s Top Ten Markting Tips for some ideas in getting started;
- Educate clients vs. selling them. Nobody likes to be sold anyway. Personally, I sell myself, after being educated about the product or service, and why I should be interested in it. So, educate clients and prospects about the reasons and benefits of hiring you;
- You need to be very focused. That is the reason for having a thoughtout plan you will implement. That doesn’t mean you can’t take work that comes over the transom, or change it. But, don’t lose sight of the plan. You can change it as long as part of a thoughtful refocusing process;
- Be client-centric vs. self centered. That begins with understanding the client’s business, industry, and goals of the organization/client contacts. Clients have told me how frustrating it is to have to educate lawyers all the time about their business, and the context within which the legal issues come into play;
- You need to raise your profile. Work on being more visible to your target audience through writing, speaking, and networking with trade groups, associations, or community organizations where your desired clients hang out;
- Leave your comfort zone. It’s easier to eat lunch at your desk rather than to implement your plan, particularly when you have billing pressures. But avoid taking the comfortable out. You need to stretch yourself and not forget the importance of the other half of your job;
- Be a team player. Within your firm and with client contacts with whom you deal, look at your job as a joint team effort; and
- Provide extraordinary service. Go above and beyond just good work. That is the minimum in today’s competitive marketplace. which is vital today in the highly competitive market. Clients want more value so consider ways to give it to them.
Be positive, and look for ways that your business development efforts will work for you. Remember, rainmakers don’t get fired.
If I had a penny for every time lawyers have said “my clients love me,” I’d be….well you know.
The problem is that often lawyers do not understand. They assume, based on their continuing to receive work and not having heard about serious concerns, that everything is hunky-dory.
Richard Levick at Levick communications in a post on LinkedIn warns against such complacency. He hates to hear those words from his folks and cautions that the comment “’the client loves us’ is a favorite phrase of either the easily pleased or easily fooled.” Rather what he asks his people is how can clients “love us more?” Law firm leaders should ask the same question.
Some questions that might detect the love:
- Is the love experienced at all levels of the organization? Not just the daily contacts but all the way up the decision-makers who hire and fire law firms?
- Is your contact in a position to speak for the feelings of the entire organization? Bad vibes anywhere in the organization, including those who don’t do the actual hiring, can help poison the well;
- Is the firm offering better and deeper services to countermand the offerings made by other competitive suitors?; and
- What can we do to retain and grow client love? Saying that “the client loves us” is really saying “we don’t need to change a thing.” Therein lies the real danger for any firm.
Levick put it best when he summed up with “True love demands that we change and evolve every day.” I fear it is an easier feat for a communication firm than for many law firms, unfortunately.
Ran across an interesting article on JDSupra Business Advisor by Josh Beser. He offers good advice on how to follow up after meetings, so they don’t end up having been a waste of time. First, he tells a story about meeting with an unhappy associate and how he gave free advice. And then sometime later, not having heard anything in terms of a thank you or buzz off, he received an email requesting additional unrelated advice from the same attorney.
He was put off by the failure of a “follow up” by this young lawyer. And, remarked that he would waste no more time with this person. My sentiments exactly. I too am asked and give free advice occasionally. But, if I don’t receive some follow up (including a thank you), they’re off my list.
Although Beser’s advice addresses meeting follow up, he says, one “could adapt this framework for following up with people you meet” at networking events, but I gather he was primarily referring to one-on-one meetings whether in-person or by phone.
His suggestions and some of my thoughts include:
- Take notes during your discussion. Obviously, that will be helpful in remembering the conversation and following up with the person. It also shows real interest in what the person is saying;
- Follow up by email (and a handwritten note, I suggest). I like his idea about make the email brief and easily readable on a smart phone. Yes, do both email and a note, start the latter with “Again, I want to take the opportunity to thank you……etc.” Such notes have a real impact IMHO.
- Include actions for each follow-up. Not only should the email be brief and to the point, but it should include numbered action items and/or comments on points of interest discussed;
- Save something for later. Hold back something to follow up with at a later time to keep the conversation going, and have a reason for contacting the person again, particularly if they did not respond. The first time might have been bad timing on the recipients end, and they could have just overlooked your email among the myriad of emails we all receive; and
- Schedule a three-week check-in. For some of the reasons above, follow up again. As I tell the lawyers I coach, NEVER leave action items in the other person’s court. Always, follow up.
Beser provides two examples of follow up emails, and they are well worth a read on how to follow up on meetings. And don’t forget to thank the other person for their time, sage advice, comments, or whatever.
P.S. Thanks to Dee Schiavelli for the heads up on this article via LinkedIn.
Apparently not too many firms according to an online “Leadership Matters” survey (a collaboration of TheRemsenGroup and Sterling Strategies) reported on the Managing Partner Forum this week. The survey sought data on individual lawyer contributions to their firms in the areas of financials, client satisfaction, people development, and firm processes/procedures.
What particularly caught my attention was what 56 law firm leaders reported regarding client satisfaction; to wit:
“91% have ‘limited’ or ‘no’ measurements of client satisfaction.”
Ouch! The danger relating to that statistic should be self-evident.
Further, as it so happens, a post this week on Law Practice Matters blog by Erik Mazzone talked about why law firms should track client satisfaction. It cited an article by the Australian Beaton Research + Consulting firm, which reports (based on 10 years of data, according to Mazzone) that like the proverbial canary in a coal mine, client satisfaction is “a leading indicator for the rising or declining fortunes of the law firm.”
It really doesn’t take a flash of brilliance to figure out that dissatisfied clients are the death knell for any law firm. Clients may not even complain, they’ll just take a hike. Is there really any need for a firm to be convinced that it should undertake immediately an effort to determine if there key clients (especially) are satisfied?
Mazzone suggests two survey tools (Net Promoter Score and SurveyMonkey) that can help obtain client feedback. Personally, I prefer in-person or telephone satisfaction surveys over written or online ones. The feedback is better, more detailed and more reliable. (See an earlier post of mine on suggestions on how to do that.)
Every law firm better give a darn whether their clients are satisfied – by asking them and not relying on the billing partner’s say so – or they might just regret it.
Often clients don’t actually fire law firms, they just walk away. Sometimes lawyers don’t even know it. The client simply gives work to another firm
I ran across a post that spells out numerous reasons law firms get fired on Mike O’Horo’s RainmakerVT site by Pam Woldow, and the telltale signals you should recognize.
Some of the common reasons include:
- too many surprises
- exceeding budgets
- excessive lawyering and fees
- lack of appreciation for client’s internal deadlines
- indifferent communication and poor responsiveness to client needs
- not understanding the clients business or industry
- lack of fresh ideas or approaches to matters
So, what are some of the signals indicating your firm is in trouble:
- Slowdown in new client matters with lame client excuses;
- Your firm is one of several firms asked to respond to a client RFP;
- Challenges to the firm’s work product and processes, and invoices or some trivial issue;
- Unusual delays in clients returning calls or emails, or a break down altogether in client communications; and
- Your client contact blames higher-ups for whatever has become an issue in the relationship.
If you recognize any of the symptoms above, you need to change the situation ASAP, especially with key clients. That means contact, contact, contact containing continual (and meaningful) communication [okay, okay, a bit much on the alliteration]. The important point is you do not want to get fired by an important client for your failure to recognize what things could bring it about.
There is an interesting discussion going on over on LinkedIn’s CMO Forum initiated by Heather Suttie about investing in yourself instead of legal directories. One paragraph that caught my eye:
“Last October—repeating themselves for the sixth year in a row—a panel of General Counsel at a Toronto Legal Marketing Association event said directories are not used to make decisions about whom to approach or hire, and that some of the best lawyers are not found in directories.”
I was prepared to concur after reading Suttie’s post, since I believe most people, especially corporate counsel mostly hire outside law firms through referrals and online sources.
Two years ago, I wrote a post on this blog about not wasting your firm’s money on yellow pages. Sure some people still have no computer and may use them to find a lawyer; but I hold that as a general rule they’re expensive and a waste. I still believe so.
Were I to argue that legal directories are a waste of money too, I’d be wrong apparently. After Bob Weiss disagreed with Suttie’s premise, I did some research myself. A simple search on Google uncovered a summary of a 2011 survey by The BTI Consulting Group, commissioned by LexisNexis, about the Role of Legal Directories and Online Lawyer Profiles. Since a BTI survey is a more credible indicator than a panel of in-house counsel at an LMA conference or two, I quickly scolded myself on my initial, instinctive reaction (Well, I didn’t scold toooooo much).
So, what did the survey show? That Martindale-Hubbell and LinkedIn have an important role to play in the hiring of outside counsel, specifically:
- “77.1% of in-house counsel and staff use a legal directory or online lawyer profile to validate the credentials of a referral
- “Absence from a legal directory hinders up to 51.4% of clients from hiring a law firm…
- “LinkedIn and Martindale-Hubbell are the most frequently used resources overall, for any reason…”
I still believe that yellow pages are a waste of money. Legal Directories?…not so much.
If you get work from other lawyers, you need to market L2L just like you would B2B or in any other manner. I work with lawyers whose source of business – whether litigation, appellate practice, PI, or other niche practices –depends in part on referrals from other lawyers. It is often their life blood for legal work.
If other lawyers are a meaningful source of legal work for your practice, you need to focus your business development activities with them in mind, as you would with any other of your prospects. Sally Schmidt’s recent post on Attorney at Work provides helpful tips on marketing lawyer-to-lawyer:
- Identify your lawyer-targets. Quite simply, they are the lawyers who don’t do what you do. They could even be lawyers in your firm (yes, look at marketing your service to your partners), or toward other firms that don’t provide your legal services;
- Educate them about your practice. Let other lawyers know that their clients might be at risk, and how you might help them. Find ways to not only educate the other lawyers, who could refer work, about your practice; but offer ways to educate their clients as well;
- Network with lawyers. Just like clients hire lawyers they know, like and trust, lawyers who would refer their clients to you are no different. So, build relationships with other lawyers by networking where they hang out – at bar meetings (specifically committees/sections not full of competitors), and entertain at lunch or in other settings; and
- Add value to their practice and clients. This tip runs with educating your audience:
- Look for opportunities to write for their blog, journal, newsletter or other venues;
- Pull together a brief but informative piece about your practice for others to give to their clients; and
- Offer to consult with their clients at no charge.
Remember, risks are involved for lawyers to refer you to their clients. It is vital that you build solid relationships so they will know, like and trust that you will take VERY good care of THEIR clients.
Why not? Rainmakers never stop networking. Yeah, I know, its family time, and they should be your priority. No question about it.
However, vacation time doesn’t mean you can’t or shouldn’t take advantage of networking opportunities that present themselves – on an airplane, at the beach, or yes, standing in line at a restaurant.
And, if such opportunities occur, it would be silly not to take advantage . Merrilyn Astin Tarlton has 40 networking tips she posted on Attorney at Work this month I commend to your summer reading list.
A few of her tips I particularly like include:
- Develop an effective elevator (or standing-in-line) speech or two, depending on your different target audiences (P.S. don’t start with “I’m a lawyer”;
- Listen twice as much as you talk (remember the old saying that that is why we have two ears and only one mouth);
- Ask smart, open-ended questions so you can learn more about the other person. Don’t waste time talking about yourself (you already know everything there is to know there);
- Be selective about what networking events you attend (i.e., go where your preferred clients and prospects hang out); and
- Smile and show genuine interest.
There’s more good stuff in Tarlton’s post, so do take a look. Networking needs to become a habit anywhere you are.