Search results for: under promise over deliver

In today’s competitive legal environment I think many lawyers are looking at a client and the legal matter they bring to the firm in the here and now. "How many hours can I bill on this matter and I’ll think about tomorrow… tomorrow." That is a very short-sided position to take. Conventional wisdom in marketing says that it takes 7-9 times more money to acquire a new client than to hold on to what you already have. So I ask you my friend… What are you going to do in 2012 to make sure you hold on to the clients you have?

YES… it goes without saying you must do good legal work. Now, having said that… what are you doing to nurture the RELATIONSHIP and ensure that work continues to flow from this client? The thing I want you to think about is your client’s EXPERIENCE! What is it like doing business with you and your staff?

Your interaction by phone? Is the person that answers the phone pleasant and eager to help in anyway possible OR are they annoyed by the interruption and can’t be bothered to help? When you are on the phone do you listen… no, I mean REALLY LISTEN? 

Your correspondence by email? Do you take the time to have a little personal conversation before you get down to business OR is it strictly business? 

How do you build loyalty? Do you help your client with issues that you don’t charge for OR are you always on the clock?

How well do you understand their business? Do you genuinely understand OR only enough to deal with the legal matter? Are you INVESTING the time OR do you expect to bill for the time it takes to really gain an understanding of their business?

Do you manage their expectations? Do you under promise and over deliver OR is it the other way around?

These simple things could make the difference between a "one matter" client and a client with a continual flow of work… because the experience is as pleasant as possible and you are considered a TRUSTED ADVISOR. Shouldn’t the life of a client be YOURS? It can… if you are the provider of VALUE and an outstanding legal experience.

If you can get more done in less time, you will have more time to do the things you should, but aren’t – like enjoying life. Or developing more business.

Bob Bly, the director of the Center for Technical Communication has an article on LinkedIn entitled “10 Ways to Get More Done in Less Time” (granted the idea is contrary to the billable hour philosophy, but I won’t go there). I got to thinking how his tips are applicable to lawyers in both their law practice and in developing business.

Here are six of his ideas that particularly struck a chord:

  1. Don’t be a perfectionist. As Bly says, “Be excellent but not perfect.” Sometimes clients just do not want to pay for perfect, if that is even attainable. And when it comes to marketing, trying to plan the perfect strategy or tactic to bring in business, will only delay getting results sooner;
  2. Free yourself from the pressure to be an innovator. Everything you do does not have to be a “masterpiece.” Do the best you can, and don’t worry about it being new and different. “Most successful…solutions are just common sense packaged to meet a specific need;”
  3. Don’t waste time working on projects you don’t have yet. Boy, have I been guilty in this regard. Does “don’t count your chickens…” come to mind? There is nothing like jumping on the “new” project or chasing new potential work, that never happens nor has a chance of happening;
  4. Make deadlines firm but adequate. Can’t recount the number of times I have heard of lawyers promising to get a new project completed by “next week” when they haven’t a chance, based on other commitments, of getting it done in a month. As I have argued many a time, set realistic deadlines, and then beat them – whether it is a client matter or an article for publication . See Under Promise, Over Deliver Your Services;
  5. Stay focused. Multi-tasking can not only be dangerous (as in texting while driving), but also unproductive. So, stay on task until completion, whenever possible. It will save a ton of time over the long haul by not having to spend time catching up after being interrupted; and
  6. Do work you enjoy (and for clients you enjoy working with). I’ve commented on this idea a few times in the past. Lawyers will have less pressure in their lives doing work they enjoy for clients they like. See Enjoy Your Practice and Your Clients.

For the other four ideas, check out his article. Collectively, they should help grow your practice by increasing efficiency.

It certainly is no secret that a lot of general counsel are not exactly thrilled with their outside law firms these days. What with record profits by BigLaw (and one firm bragging about it), the cost of first year associates salaries and rising billing rates, the evidence is clear. But rising legal costs is only part of the story.

John Remsen’s latest Marketing Tip gives eight reminders of what is important to general counsel, and not all relate to the cost of legal services:

  1. They hire lawyers, not firms (so why are firms spending so much on institutional marketing when face-to-face lawyer interaction – business development – will get better results);
  2. Be available when I need you (be responsive and reachable – returning calls or emails the next day is no longer acceptable);
  3. Keep your promises (deliver your services on deadline – actually, it is better marketing to beat your deadline, as in “under promise, and over deliver”);
  4. Get to know me and my business (it is the best way to become a trusted advisor to your most important clients which in turn results in long term relationships);
  5. Avoid surprises – always (not just when it involves bad news or invoices, but anything that the client is likely to be unhappy about);
  6. Ensure that general counsel look good (their egos – and position within the company – are important, and relate directly to future business);
  7. Don’t overlawyer (the money does matter, so don’t spend $100,000 on a $25,000 matter – assome firms have incredibly done); and
  8. Be nice – to everyone (each person on the client’s team is important, so be nice to all staff people, as well as the lawyers).

It makes a lot of business development sense to listen to what general counsel have to say. The economic viability of your firm may depend on it.

I hate to exercise. I don’t care what anybody says. Maybe hate is a little strong, but I sure as heck don’t enjoy it. It ain’t fun.  It’s work. “They” do refer to it as “working out” after all, now don’t they.  If it was suppose to be enjoyable they would call it “playing out,” don’t you think? I rest my case.

But, I know I gotta do it for my health and general well being, so I do.

When it comes to business development the analogy fits. You gotta do it, whether you like it or not. I got on this track due to my friend John Remsen’s marketing tip of the month entitled “You Just Gotta Go” and his use of the exercise regimen analogy as to how lawyers need to approach their marketing efforts. I hate it when he is right (when it comes to the exercise thing), and totally agree that lawyers need to look at developing business in the same way.

I also agree with his six habits that will definitely help you in that regard:

  1. Show How Much You Care – showing clients that you care about their goals and objectives, and their success is best done by showering them with attention; e.g., client site visits, lunch/breakfast meeting, sending information of interest, phone calls to catch up (off the clock of course), etc.
  2. Always Return Your Phone Calls the Same Day – I’d go further and say within 4 hours, preferably within two (if you can’t physically pull that off, have someone on your staff return the call to explain that you are tied up, and when you will return the call).
  3. Meet Your Deadlines – this falls into the “don’t over promise and under deliver” category. Much better to set a deadline and actually beat it by a day or two (It not only shows you’re efficient and good for your word, but you send the message that the client’s matter was a top priority for you).
  4. Send Hand-Written Notes – I hate e-mail. There I’ve said it. Necessary and often efficient, yes. But, there is just too much of it, and I think people feel a sense of euphoria when they just delete the darn things. Think of how good you feel upon receiving a handwritten note from someone. I agree with John that it is “much more memorable and effective.” Spend time looking for opportunities to send a handwritten note.
  5. Go to Breakfast or Lunch Once a Week – I don’t advocate that you Never Eat Alone. I agree with John that you should plan to have breakfast/lunch/dinner with a client, referral source, prospect or media person at least once a week. Start with those that, as he says, are on your “A” list. Not just once but 3 or 4 times per year – certainly with your top clients.
  6. Get Active in One Key Organization – maybe two. John’s point is valid and why I suggest to clients that they join one or two organizations only and be very active in each, so they can give proper attention to the business development potential of each. Showing up at the monthly luncheon doesn’t get it. Volunteer or head up a committee. It’s all about visibility and credibility.

You gotta do it. So, which one are you going to work on first?

Some argue that professional service firms cannot differentiate themselves effectively. It is difficult, of course, when firms try to do so on their web site, or in brochures or ads by saying in effect that “We are smarter, more experienced, do a better job, tougher litigators, etc., etc.” Heaven knows firms have tried, and there are hundreds of law firms out there that are all saying the same thing.

According to long time author, blogger and consultant, Bruce Marcus there are several reasons that statements like that are problematic:

  • The evidence of such claims is intangible
  • Their “outrageous and self-serving,” and
  • Violate the canons of ethics in most, if not all, states.

In an his article on the myths of differentiation within professional services firms that appears at RainToday.com, Bruce contends that although differentiation is problematic, firms can project their “firm’s distinctive qualities” by positioning and demonstrating those traits. He states:

“Valid positioning begins with a perception of what the firm’s marketplace sees as a major problem, need, or opportunity, and then crafting messages that demonstrate your firm’s ability to respond to that need – to bring to bear the expertise and experience appropriate to serving that market.”

He is talking in classical marketing terms, and is correct. The only problem is that I think there is a much simpler way to differentiate your firm. Position yourself to do the things other firms don’t (and clients want), and demonstrate those traits in all the firm’s dealings with all clients. And, per chance you may ask, what are those differences?:

  • Treat clients with respect,
  • Return phone calls within an hour (or have someone do so on your behalf),
  • Give clients an accurate idea of what the matter entails, the process involved and the costs,
  • Know the clients business (inside and out), 
  • Be responsive to client requests (for anything),
  • Meet all deadlines,
  • Don’t over promise and under deliver,
  • Seek client feedback,
  • Don’t surprise the client (about anything),
  • Communicate constantly,
  • Keep client informed as to their matter, and
  • And so on….and so on.

These are service issues that consistently give clients headaches and lead to grievances (and the firing of law firms), because too few firms provide this type of service. So, you can differentiate your firm by providing the service that other firms don’t.  Don’t just talk about doing it, but demonstrate it and word of mouth will take care of the rest.

You don’t have to be a rocket scientist to understand the importance of referrals to the legal marketing efforts of your law practice. Nonetheless, not all lawyers are comfortable asking for referrals from clients and other contacts. They just don’t want to come across as Lazarrus at the temple gate.

Mike McLaughlin over at The Guerrilla Consultant refers us to the article “Rethinking Referrals”  for those consultants reluctant to ask for them. The article is also applicable to lawyer marketers.

Two of Mike’s suggestions that can lead to unsolicited referrals include:

“First, you’ll have to consistently deliver on the promise of your consulting (read “lawyering”) work—plus a little bit more. Look for opportunities to broaden your value to the client beyond the project you’re working on.

“Help your client sort out other pressing issues by providing insights, relevant articles, and books, or by serving as a sounding board. Keep your interests focused on the client’s needs and you’ll be on your way to that unsolicited referral.

“Second, remember that stellar work and a trusting relationship aren’t enough to generate an unsolicited referral. Your client must also know enough about your business to make a productive referral. Without that knowledge, your client referrals will be hit or miss, which can be a costly way to try to build your business.

“As you work with clients, help them understand the breadth or your capabilities and how your services can be used most effectively. Not only will that knowledge help clients make more targeted referrals, it also helps them learn about other ways you can assist them.”

Bottom line:

  • Go the extra mile in the services you provide your clients, and
  • Let your clients know what you do and have done in your practice.

Although lawyers don’t often consider themselves consultants to their clients, I contend that is exactly what they are. Sure, they can be more than that (as in advocate, mouthpiece in the courtroom or during negotiations and the like), but consultants they are. So, when I saw the list of items that Mike McLaughlin at Guerrilla Consulting identified that clients want from their consultants, I realized that clients of law firms look for the exact same things.
They want to know:
*Can you deliver results? (We all know that lawyers cannot promise results. That is not only foolish, but in violation of the ethics rules. However, clients want to know that you’ve been there and done that before – and yes, that you have been successful, so that the likely result will be success.),
*Who will do the work? (What partner and/or associates will be part of the team working on their matter.),
*What are the risks of project? (Not only do they want to feel comfortable with your experience, but what are the risks associated with the current matter and how will you approach those uncertainties; and they want to know that upfront.),
*How will you interact with client? (They want to know how you will work with their in-house people, whether on the legal staff or with other employees. As Mike suggests, it is good to “clarify the roles, expectations and time commitments…(and) working style.”), and
*Can you keep fees under control? (No one likes surprises, and clients are no different. They don’t want fees and costs to run amok. They want the matter to be done within budget, or at least within an agreed upon range).
As Mike suggests to consultants, I likewise suggest to lawyers, that you deal with these issues upfront in your discussions with prospective clients. He and I concur that it will improve your legal marketing efforts over the competition.

Patrick Lamb over at In Search of Perfect Client Service has a short and succinct post on the recurring theme of the delivery of legal services – specifically in the under promise, over deliver genre. He is commenting on a post by Dan Hull (whose blog What About Clients? I came across recently and really like) in which Dan questions the value of lawyers exceeding client expectations, when clients have such low expectations (deservedly or not) of lawyers generally. His main point seems to be that we need to first change the way clients think of lawyers in general.
There is no disagreement in a real sense, but I think Patrick’s point is right on when he says that whatever clients’ expectations are, by exceeding them you a priori “draw positive attention to yourself,” and from a legal marketing standpoint that is a good thing. While on the subject, I invite you to take a look at a couple of earlier posts of mine that dealt with the same topic here and here).
If you over promise and under deliver, you may not stand out among your colleagues (depending on how bad the delivery actually is), because of a general perception about lawyers that Dan was talking about, but if you exceed expectations, I am convinced that you will both help improve the general reputation of lawyers and your bottom line. So, exceeding expectations is a very good idea.