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The more narrow your niche, the more likely you’ll stand out from the crowd. So, why do so many law firms look similar? Don’t believe me? Visit any number of general “full-service” law firms’, or your competitors’, web sites, no matter what the size. You will see how everyone looks alike. They do everything you do, better of course. Yeah, right.

The problem is that it is hard for some firms to narrow their focus enough to truly appear different. I agree it is more difficult for large firms generally (too many internal constituents to keep happy after all), but it isn’t or shouldn’t be for a practice group or for the small firm to standout on their web sites. You just have to make some hard decisions, and the more you narrow your niche the better.

Let’s face it; the tendency is to fish for clients with the largest net possible, so as to not miss any possible catches out there. Not the smartest move, in my opinion.

“Specialists” (I know you can’t use that term unless certified in most states) in whatever their niche:

  • Standout
  • Are more desirable and in demand
  • Can charge much higher rates (or larger fixed fees – see my last post about one firm’s move to flat fees), and
  • Generally, can pick and choose the clients they want.

And, the more one narrows their specialty, the more likely they will stand out. So, how do you concentrate on marketing a niche that will make a difference?

Well, you may have to change your image in the marketplace. If you are just a regular run-of-the-mill attorney/practice area/firm (and you’re happy with that) fine, do nothing. But, if you really have a niche, then you want to promote it (yes, to the exclusion of all the other terrific things you do).

How? You will want to look at which of your practice areas is the largest, most desirable source of revenue, or the one you wish was your best practice area. Then, you want to develop a campaign that will put your firm’s name out there with that particular expertise.

Although I help clients plan their strategies to do that, I am not the consultant that develops image campaigns. There are a number of other consultants who do that. One I have worked with in the past and have found to be both clever and effective is Ross Fishman. He is really good at this stuff, and he has a cool new web site with dozens of case studies, audio, cartoon animation, marketing tips and more, including a Fun Stuff section. Take a look.

Niche marketing is very effective, and a whole lot better than what most law firms currently do. But, to get meaningful results, you will need a niche/image campaign that lets potential clients know what that niche is, as well as ensuring that your firm truly stands out from the crowd.

Sounds like a TV reality show, doesn’t it? Fortune Small Business (FSB) offers one makeover a month to a qualified business, and you find out more about that on the FSB site. I learned about a law firm that went through the program in an article on CNNMoney.com As a result, the Ambrose Law Group of Portland, Oregon went to flat fees (except for some aspects of complex litigation cases). The firm has gone to flat fees for transactional work, as well as some litigation work, such as filings and depositions.

According to David Ambrose the move away from the billable hour has led to more work, and that is “better for clients and better for us.” I agree with Ambrose, that clients appreciate “knowing up-front what their legal work will cost.”

I have long been a proponent (as have many others) of fixed fees, and have blogged about alternative billing arrangements in general here and here in the past. I don’t know whether the Ambrose firm was a believer before their makeover, or were persuaded because of the high-powered consultants from Fortune Small Business or not. Whatever the reason, it was a good decision.

So, is your firm one that could benefit from a makeover? The basic requirements for candidates are that you be a profitable small business and that gross revenues exceed $1 million. If you are interested in applying for a makeover, send an email (from their site) to the FSB makeover editor. You will need to “… describe your business briefly, provide your most recent and projected revenues, and explain why you think your company would benefit from a Makeover.”

Irrespective of whether your firm is selected for the program, I suggest you give serious consideration to going to flat fees anyway.

Thanks to The Greatest American Lawyer for pointing out Lawyers Weekly USA’s article by Sylvia Hsieh on alternatives to hourly billing by small firms.
In an earlier post I pointed out how I believe small firms can get an advantage on larger firms by proposing alternative fee arrangements. Sylvia points out that “[S]mall firms have an easier time switching to new billing methods” due in part to larger firms’ high cash flow needs. She also quotes Jim Calloway whose blog was the basis of my earlier missive.
Sylvia mentions four fee arrangements:
*Flat Fee (the most common alternative) – but make sure you know what your costs will be to deliver your services;
*Variations on Contingency Fee – not restricted to personal injury cases,
*Blended Fees – such as flat fees for certain deliverables, and a success fee, and
*Budgeted Fees – commonly used in litigation, and often with conditions if budget is exceeded.
A number of variations in her four examples makes this piece all the more worth a look.

I consider myself a fair writer. So, when I was asked to evaluate and write about an editing software I was skeptical.  [Those who have been with me for the past 8-plus years know that, as a general rule, I do not endorse products or services by writing about them on this blog, although I am often asked to do so.]  After receiving a free one-year subscription (with no commitment to comment on it), I tried it out.

Since good content – whether on a web site, newsletter, in a proposal or elsewhere – is very important in marketing your law firm, it is equally important that the content be well-written or you will rapidly lose your readers.

So, I gave WordRake 2 a test on two of my earlier posts, segments of which show the results below:

There’s the story about the annoying client who called all the time, so the lawyer didn’t call her back.  After a number of several attempts to reach her lawyer, she gave up and called another firm about her cousin who had just been run over by a Coca Cola truck that ran a red light.

Oops.

Another story was related by a lawyer I heard speak at a conference. He said he never goes to sleep at night without returning every call from that day.  Even at 9:00 p.m.  He said he usually doesn’t have rarely has the client’s file at home, but he extends the courtesy of telling the client what time in the next day or two in which he would get back to the client with more information.  He said his clients loved it, and I believed him.

True story: my doctor returned from vacation and called me at six p.m. on a Saturday night to give me the favorable results of blood work done in his absence.  NOW that was amazing!!!   Of course, my My blood pressure went through the roof due to his unexpected call, but you can be assured that I became a hell of a referral source for his budding practice. (Excerpted from my April 30, 2014 post entitled “Return Phone Calls, NOW!”)

And,

When flat or fixed fees started to be was bantered about in the last few years, partners in several of my firms said: “Won’t work for litigation, since it is too unpredictable.”  Well, welcome to the new world.

….

What is the point? you may ask.  The point is that offering Offering fixed fees is smart marketing. Firms that do will have an advantage over law firms that don’t.  Those that won’t offer fixed fees may just be sending may just send a message to potential clients that includes: (1) we may not have enough experience in the practice area to predict how a case is likely to proceed, (2) don’t have a history of similar cases have no history of similar cases so we don’t know how much it will cost, and (3) are not willing to share in the risk.

So, law firms that are prepared to offer alternative fees, including fixed fees, have a jump on the competition IMHO. (Excerpted from my April 24, 2014 post entitled “Litigators: Prepare for Fixed Fees”)

On careful reading, you may note it isn’t perfect; and I did not accept all of the suggested changes (rightly or wrongly), due to my personal writing style.  But, I agreed with several changes, and overall consider the software a worthwhile tool.

The software costs $129 per year (other pricing options are available), which I mentioned to their rep may be a bit steep for solos and small firms.  The rep said she would pass that along.  I get no cut from any sales. A 30-day free trial is available, and suggest you give it a go.  It just might improve your marketing message.

In several posts over the last couple of months (see Continue Reading below for four of them), I have mentioned that now is the perfect time for smaller firms to approach in-house counsel at larger corporations for business. Some of those reasons include:

  • 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.

Continue Reading Some Thoughts About Pitching In-house Counsel for Business