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"I believe it is critical for lawyers to market their practice in a meaningful and ethical way."

Are you having marketing meetings? Talk is cheap. Buy-in and action is key. Thinking and planning is the easy part for lawyers. Implementation is not. Too often it is where the plan falls apart. Remember that discussions, meetings, and planning are only the start. The key is taking ACTION. The big question… What actions should be taken? Here are our Top Six Marketing Tips:

No. 6 – Be Active in Organization(s)

Over the years we have heard lawyers say that they belong to several organizations, but that it’s a waste of time and doesn’t lead to additional business. However, when examined further, one finds that although they are “joiners,” they are not “doers.” Being active in organizations requires just that – activity.

If you want this form of marketing to help you develop business you must:

• Be more than a joiner –make a meaningful contribution

• Seek leadership position – volunteer often

• Join business or trade groups that your clients and prospects belong to

• Believe in the organization’s mission so you will remain interested and active

There are other marketing activities that may produce quicker results, but being active and involved in organizations that your clients and prospective clients belong to can produce meaningful results in getting new clients.

No. 5 – Write Articles of Interest

While authoring articles isn’t a new technique, writing to demonstrate your expertise is still an effective marketing tool, if it is:

• Topical and interesting (to your target audience)

• Easy to read (not legalese, unless you’re marketing to other lawyers)

• Not too lengthy (short, succinct articles are better)

• Published in a publication that your audience reads (whether general public or business/trade specific)

Obviously, the purpose is to show that you know your topic and, accordingly, are perceived as having the expertise to assist the reader with those legal issues.

No.4 –Talk it Up

Speaking engagements are some of the best marketing activities. Like writing articles, speaking adds the additional advantage of putting you in the same room with potential clients where you can demonstrate your knowledge and expertise AND develop an emotional bond with your audience. These opportunities have led to immediate work when a potential client in the audience has an immediate problem relating to the same issues raised in the speech. Moreover, if the seminar or speech is sponsored by a respected organization, you receive instant credibility.

No. 3 – Communicate Often

James C. Turner, executive director of HALT, a national legal reform advocacy group in Washington, DC points out: One of the most frequent complaints his organization gets is that…

the basic communication between lawyers and clients is terrible.”

He cites one case where a client tried 13 times in a two-week period to contact the attorney. That’s the type of situation that leads to mistrust and, ultimately, to a consumer fraud complaint.

Poor communication between attorney and client is also the most common reason clients file complaints with state bars. A failure of communication is not only unwise, it’s just dumb marketing. Even if the client may not need your services again, the client is likely to tell a number of people, who could be potential clients, about their unhappiness.

There are scores of opportunities (in addition to keeping the client informed about their matter) to contact clients, referral sources, and even prospects; and the more contacts made the better. The best way to communicate would be with phone calls, handwritten notes, next letters, emails, and lastly texts. Obviously, they are in reverse order of ease of accomplishing, but think about what impresses you the most. The important thing, however, is constant communication.

No. 2 – Entertain Your Client

Okay, we can hear all the “duhs” from here. If it is so obvious, why don’t more lawyers do it? Clients are people too. In fact, entertainment is still one of the most effective one-on-one marketing techniques. It not only allows quality time with a client, prospect, or referral source, but also allows one to enhance a relationship on a highly personal level.

Clients want to be loved and appreciated. So, building on the emotional bond between lawyer and client is very important for long-term relationships, and for what is even more effective from a business development viewpoint – a lasting friendship.

No. 1 – Visit Your Client

The single most effective marketing technique, which leads to immediate business in the vast majority of cases, is to visit your client at their place of business.

This visit is not for the purpose of discussing a current matter you may be working on (unless client wants to, of course). The client should know that they are not being billed for the visit.

Your purpose is multifaceted: relationship building, listening, learning, meeting others, and uncovering issues of concern. The main point is to get into the client’s workspace where their day-to-day problems are found, and for which you may be able to assist them.

Such visits will not only enhance your relationship, but it will almost certainly lead to IMMEDIATE work. This has been validated many times over the years. Many of the lawyers we have worked with confirm that such visits result in immediate new business. So, starting today schedule a client visit or two. You will fast become a believer.

In 2018 get into action! These six tips are not complicated or overly time consuming. Start with two, then add one or two a month. We promise you that you will be pleased with the results. We have seen it over and over again… they work!

 

We’re sure you have noticed the new look, new logo and new faces. Why? Because we: Paula Black, Daniel Decker and Marc Cerniglia have joined forces with Tom Kane.

The legal environment is changing rapidly. Success in the legal industry – just like any other industry – requires evolution and adaptation.

With this blog, Tom Kane has built a foundation of timeless marketing wisdom for lawyers of all shapes and sizes.

Now, we’re excited to build on this foundation and adapt these proven marketing principles into our world in 2018 and beyond. There’s massive change swirling all around us – the internet has changed the way that lawyers market themselves, and even the way that practices must operate. But the fundamental legal marketing principles that have worked for centuries are still vitally important today. And it’s our mission to show you how to apply these tried-and-true strategies to your daily life.

Daniel Decker and Marc Cerniglia, founders of Spotlight Branding, will serve as your guides to a better way of marketing your law firm on the internet. They argue passionately that the proven, foundational approach to legal marketing – ie, a focus on relationships, reputation, referrals, and repeat business – is more relevant than ever in 2018. And they’ll show you how to create marketing strategies and systems focused on these objectives.

Paula Black, a coach, author, and speaker with over 30 years of experience in the legal industry will show you how to create a marketing plan that aligns with your professional goals – but more importantly, with your goals for your life. Paula believes that lawyers can and should find harmony between work, family, and play – and she’ll show you how to make this happen in your own life.

And Tom Kane will continue to participate; contributing his sage wisdom on marketing a legal practice that builds a thriving firm, and his insights on the legal profession.

We hope that you will subscribe now so that you don’t miss anything. We look forward to building on Tom’s foundation and helping you market your practice effectively in 2018 and beyond.

Stay Tuned!

Marketing meetings are important. But sometimes they’re just an excuse for inaction. Talk is cheap. Buy-in and action are key. I have attended many a marketing meeting over the years, and unfortunately, many have resulted in inaction.

My friend Larry Smith and Richard Levick of Levick Communications wrote 365 Marketing Meditations: Daily Lessons for Marketing & Communications Professionals. Their daily meditations have provided inspiration for many of my blog posts over the years including this week.

March 29: “Discussions are not actions.”

March 30: “Each great idea requires equivalent energy and action. Meetings and discussions aren’t work. They’re preludes to work.”

What I have found is that marketing meetings like many meetings lead to ideas that are never enacted. Don’t have your practice group marketing sessions lead to the same result. You’re just wasting valuable time.

Marketing planning I’ve found in my 31 years in the business is the easy part for lawyers. Implementation is not. Too often it is where the plan falls apart. In coaching, I refer to myself as the CNO (although I retired from the Navy reserve) it has nothing to do with that title. Rather it stands for “chief nagging officer.” It is that role that I am most thanked for.

So, remember that discussions, meetings and planning are only the start. The key is taking ACTION.

Okay, okay.  I know what you’re thinking. Isn’t marketing by definition proactive? Well, I’m thinking about a slightly different twist. It involves anticipating future problems that a client may encounter and discussing them with them in advance before they ask somebody else.

A couple of days ago The BTI Consulting Group published the results of a survey pointing out how the time is right for cross-selling. The survey involved interviews with 330 “independent, individual interviews with CLO’s and general counsel at Fortune 1000 companies and large organizations,” and 200 law firm leaders.  According to BTI, the top 3 reasons the interviewee’s have insomnia are actually cross-selling opportunities for law firms.

While they may have been too polite to say so, I am not. The reasons given – IMHO – relate to the absolutely, chaotic, political world we find ourselves in currently. Although the survey was completed two months prior to our national election last fall, the results are no less valid today. They are:

  1. The Potential Breakdown of the Regulatory World. Whatever changes are likely (additions or deletions) will have a profound impact on clients.  And heavens know the threat of change is greater than ever.  Starting discussions with clients in whatever could impact their business or industry in the regulatory arena will be marketing time well spent;
  2. Cybersecurity. This “was not even on the list of concerns prior to 2014.” By staying current on federal and state legislative and regulatory changes which impact security requirements will put you ahead of the pact;
  3. Managing Risk. Assessing the unknown is the most difficult task, whether for a firm or a client. Pulling together a risk management database to use “for each specific client by practice, industry, and type of company” will come in handy when discussing potential risks with specific clients.

It is suggested that partners start a dialogue with clients about possible changes, even if you don’t have all the answers.  I am not sure I agree that there a limited window for cross-selling, but there is no reason to delay. By raising the possibilities early on, the more likely clients will turn to you in time of need.

For firms that are only interested in associates cranking hours until they get burned out, this post is not for you. More likely it is for medium to smaller firms who really want to build their firm; and want it to survive with new rainmakers as partners age.

Two notable exceptions are Quinn Emanuel and Jones Day, according to Kevin McMurdo, with Wicker Park Group. He mentions in “’Switch’ on Business Development Skills With Associates,” that those firms tie associate compensation/bonuses to their involvement in business development. There may be other firms I’m not aware of.

According to McMurdo, some of those business development actions by associates might include:

  • attend brown bag training sessions;
  • meet with partners to learn how they attract/retain clients;
  • work with practice group leader to develop a niche in the coming year;
  • attend networking events/conferences;
  • complete a marketing plan; and
  • read Ross Fishman’s “The Ultimate Law Firm Associate’s Marketing Checklist,”(which I recently discussed here and here).

McMurdo sums up my point by quoting a partner, “Involving associates in business development is a great way to protect and retain good associates.”

More than 10 years ago I started talking about:

I now know that those posts were a “touch” premature. I’m not so sure they still are. I can confidently state that the “traditional” hourly billing is dead. According to the “2017 Report on the State of the Legal Market” by Georgetown Law’s Center for the Study of the Legal Profession and Thompson’s Reuters Legal Executive Institute, in many firms, AFAs (only 15-20% of revenues) and  budget-based pricing “combined may well account for 80-90 percent of all revenues.”

The “widespread client insistence on budgets (with caps) for both transactional and litigation matters” over the past decade is the reason, according to the report. While firms may still keep track of their time on a billable hour basis, be assured that it is a different animal when it comes to invoices sent out. Debra Cassens Weiss’s take on the topic can be seen online at ABA Journal and  is entitled “Billable hour pricing is effectively dead because of budget caps, report says”.

After discussing other significant changes to the legal profession over the past decade, the report concludes that “those firms that are most likely to survive and prosper in the new market environment are not necessarily the oldest or the strongest or the smartest, but rather those most able to adapt to the changes around them.” A good start would be to read the entire 17-page report.

From the very beginning of this blog, I have urged lawyers to visit their clients (off the clock) at their place of business (also referred to as their “problem space”).  It often results in immediate new business.  It worked for me, and many attorneys I’ve coached over the years said it worked for them.

That is why when I first posted my Top Ten Marketing Tips in 2005, I made it my No. 1 most effective tactic for getting new business.  It still is!  And there is no matter tip I can give as we begin 2017.

Below is a post from April 22, 2015 that could serve as a good place to start reading about doing so, and contains a link to many other posts on the topic over the years:

Visit Clients, Period!

Whenever I get writers block, I like to look at my old standby source of inspiration365 Marketing Meditations: Daily Lessons For Marketing & Communications Professionals authored by my friend Larry Smith and Richard Levick at Levick Strategic Communications.

As I have preached, preached, and yes preached some more over the past 10 years, the quickest, fastest, swiftest (okay, okay I know ENOUGH already) way to get new business is to visit your clients off the clock. And fortuitously this week, the marketing meditations for Monday through today deal with that very point. They are:

  • April 20: “Visit all clients. Visit clients across the street. Visit clients around the world.
  • April 21: “Visit clients without an agenda.
  • April 22: “She who visits clients comes back with work.”

That really says it all! If you would like to read more of my posts over the years on this topic, look here for several of them.

So, start planning your visits to KEY clients, at least.

For some lawyers, this is like preaching to the choir and may simply serve as a reminder for them. For others, hopefully, you start visiting your clients ASAP.

With the crush of year-end and the busyness of the holidays, I decided to post an encore of a
holiday post I did on December 18, 2007 on reaching out to clients and referral sources by telephone (at least) during the holidays. Personal attention is better than (but not to the exclusion of) holiday cards. Here it is:

Work Your Network During the Holidays

It’s a good idea to touch base with contacts within your network during the holidays. It’s even
better than sending holiday cards. Pick up the phone and reach out to everyone you know (okay,
if you are THAT popular, not everyone) and wish them a happy holiday season. It especially
makes sense to at least speak to every referral source and client, including those you haven’t
done work for lately or received a recent referral.

And talking about networking, I thought I would call your attention to a post I did in December
2005 entitled “Ignore Your Friends At the ‘Business’ Holiday Party.” The premise of that post
was that you can get together with your friends anytime, so use business-related holiday parties
as productive networking and business development opportunities that you can cultivate further
during the next year. Give that post a look if you are interested in reading more of my thoughts
on that subject.

Again, Happy Holiday(ing) everyone!

Ran across The BTI Consulting Group’s concept of “Targeting Clients with a Market of One Approach.” Their “market-of-one” approach does not mean you only market to one client.  Obviously, starvation would quickly follow.

What they mean is that instead of focusing your marketing on your firm/practice area or concentrating on a geographical area, you should approach business development and marketing from the client’s side. You should direct your efforts, especially toward key clients, as if each was your only client. More specifically (extracting from the brief BTI video snippet), you need to be:

  • seeking client feedback, and yes, act on what you hear;
  • making sure that the responsible attorneys’ objectives are in line with the clients, i.e. the client’s objectives and strategic plans are the partners’ key concern and focus;
  • increasing value, for instance, by providing specific client-focused CLE; and
  • treating each client so they perceive themselves as your most important client.

This is also commonly referred to as client-centric marketing and business development. BTI’s terminology is just another way of stating that if you put the client at the center of the universe, rather than yourself or the firm, your marketing efforts will pay much greater dividends. Not only in improving your bottom line, but making more sense than a shotgun or scattered (brain) approach to marketing.

Happy Holidays!

This is the second of two posts on associate marketing early in their career.  As I mentioned last time, I’ve addressed the topic in 2014; and friend and colleague Ross Fishman of Fishman Marketing has recently completed his treatise entitled The Ultimate Law Firm Associate’s Marketing Checklist.

In this post, I’ll speak to some of Fishman’s marketing ideas for years two through five and beyond. [Again, a caveat:  in many BigLaw firms not only are young lawyers not encouraged to learn about marketing; but discouraged from doing so, because it would interfere with meeting billable hour requirements.]  So, my posts are for the rest of you attorneys.  Many of the activities covered you should continue throughout your career.  They are not just year-specific.

Second Year

  • Continue working on becoming a “great lawyer” (never stop this);
  • Add names to your mailing lists and increase connections on LinkedIn and Facebook (classmates, new contacts, clients and bar association lawyers you meet);
  • Focus on LinkedIn professional groups in your practice area; and
  • Read bar and trade publications/blogs to increase technical skills.

Third Year

  • Increase activity in bar and trade associations that could be the source of new work;
  • Become more proactive within your network;
  • Master one or more “elevator speeches” for different audiences;
  • Find a marketing mentor within or outside the firm;
  • Attend training opportunities by firm’s marketing and business development staff; and
  • Consistently update your bio and LinkedIn profile.

Fourth/Fifth Year and Beyond

  • Be more active and seek leadership positions in bar, civic and trade organizations (where permissible);
  • Latch on early to a young rainmaker within the firm;
  • Learn more about the business and industry of clients you do work for;
  • Keep an up-to-date list of your cases/transactions;
  • Look to write and speak on topics relating to your growing expertise (and look for other opportunities to re-use an article as a speech, and vice a versa);
  • Build up your network with other professionals who can refer clients;
  • Reduce bar activities (as a marketing tool), if other lawyers are not a source of referrals;
  • Seek assistance regularly for the firm’s marketing professionals; and
  • Visit your client contacts often (off-the-clock).

“Remember that providing highest-quality technical skills and extremely responsive client service (emphasis mine) are essential elements of your firm’s marketing to its existing clients,” according to Fishman.  I couldn’t agree more, and with many other things he says in his book.  You should get a copy, if your marketing department hasn’t purchased copies it yet.

 

P.S. No I do not receive a penny from the sale of the book, but maybe I ………… never mind.