14 03, 2008

Learning from Our Mistakes

2008-03-14T11:16:53+00:00By |Comments Off on Learning from Our Mistakes

A wise person said, “A mistake is not a mistake unless you fail to learn from it.” I made my share of mistakes in my legal career, and here are a few I learned from. I thought I would offer you the chance to learn from some of mine, instead of making them all yourself.

1. Viewing speaking and writing as non-billable time. It is true that we usually can’t bill anyone for those activities or the preparation time required. When I looked at it that way, however, I tended to de-value the activity, and put it behind everything else. Of course, that means I didn’t get around to developing talks or writing articles that would showcase my expertise and expose me to new contacts. The wiser course would have been to view those efforts as important business development activities, so that I would give them the appropriate emphasis.

2. Focusing on prospective clients and not on prospective referral sources. As a corollary to the first law practice management mistake described above, I didn’t take advantage of opportunities to speak to audiences full of referral sources. At a time when I represented small businesses, the managing partner of the regional office of a large national insurance company asked me to give a talk to their sales stars about shareholder agreements in closely held organizations. I never got around to it. I saw it as a favor to them and I didn’t recognize that they would be highly motivated to act like my free sales force convincing business owners that they needed shareholder agreements backed by key-leader life insurance. I didn’t recognize the opportunity, even though I had seen how an initial small project could develop into a significant long-term client. When those life insurance clients didn’t like their existing counsel, or needed a referral for other reasons, I would have […]

13 12, 2007

Send Holiday Greetings That Really Connect

2019-02-10T23:15:55+00:00By |Comments Off on Send Holiday Greetings That Really Connect

The holidays and year end present many opportunities for enhancing existing client relationships and developing new prospects. Many attorneys don’t take full advantage of the opportunities, however, because they fail to invest a little forethought. Here are some ideas to consider if you engage in the venerable tradition of sending out holiday greetings.

When to Send Out Greetings

Although the number of holiday cards sent out has declined over the last decade, it is still difficult to stand out in the flurry of holiday communication. Some lawyers have migrated to sending Thanksgiving cards. What an excellent opportunity to express gratitude for your clients’ trust and confidence in you, as demonstrated by their business. Alternatively, you might choose to adopt the French tradition of sending New Year’s cards. Either way, at least your card won’t be buried in a stack of other cards. If you want to showcase your firm’s experience in representing clients who do business in China, perhaps you should consider sending out Chinese New Year cards.

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16 11, 2007

Differentiation by Design

2007-11-16T18:25:00+00:00By |Comments Off on Differentiation by Design

Recently I ran into a Houston lawyer at the Hermitage Hotel in Nashville, Tennessee. As we chatted, he extolled the virtues of the hotel. He began with his amazement that, although he had only stayed there once before, the doorman called him by name when he arrived. Then he gushed about the impact of walking into the luxurious bathroom in his room.

At the Vintage Inn in Napa, California, as I unlocked the door and stepped into my room, I heard gentle strains of soothing music. Lamplight and a fire flickering in a fireplace created a romantic mood and warmed me from the chill of the night air. A small table held a complimentary bottle of wine, with glasses and a corkscrew. I sprawled on the bed, and felt like I had landed on a fluffy cloud. This was not my usual business trip experience. When I got home I started planning how I could get back to that hotel.

What do these stories have to do with your law practice? They illustrate the marketing power of focusing on a client’s experience when delivering service. These hotels stood out in an industry with competitors literally around the corner. Would your clients say that about your firm?

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10 11, 2007

Who Do I Need to Know and How Do I Meet Them?

2007-11-10T20:27:52+00:00By |1 Comment

I. Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct

A lawyer should not accept employment in a matter beyond his/her competence.
Unless: 1.01(a)(1) a competent lawyer is associated with client’s prior informed consent
“Competence” defined as having the ability to timely acquire the necessary knowledge, skill & training.

Need to know: lawyers

  • That you can call on to give you advice and guidance to expeditiously acquire such additional knowledge, skills and training as you may need.
  • That you can associate in your client matter with the client’s consent if the matter is too complex to handle on your own.

How do you meet them?

  • Houston Young Lawyers Association meetings
  • State and local bar association section meetings.
  • Solos Supporting Solos.
  • Call your old professors, especially if you are practicing in the same town. They can answer questions and refer you to other lawyers. They may even be able to help you find employment down the road if you stay in touch. Established lawyers often contact their old professors when they are looking to hire a young lawyer.
  • Lawyers in firms where your friends are working. Even someone just 2 or 3 years ahead of you can be helpful.
  • Take on bar association duties or section duties.

Start attending meetings before you have questions, so that you will already have the relationships established before you have the questions. Most of the organizations have student memberships, but very few students take advantage of them. You will stand out as dedicated, plucky, and savvy.

Find ways that you can benefit the lawyers you would like to benefit from. When you do them a favor first, they will want to find a way to benefit you.

  • Perhaps offer to 2d chair a trial with them for free, or at a very cheap rate.
  • Handle some of their “dog” cases for them.
  • Find out what needs or interests they have and try to help get them met.
  • Baby-sit their kids in […]
15 08, 2007

Avoiding the Commoditization of Your Law Practice

2007-08-15T16:57:47+00:00By |1 Comment

My last article about some of the potential ramifications of law firms going public generated quite a number of reader responses. Thanks to each of you for sharing your thoughts with me.

One email asked a question that intrigued me. The reader asked how he could keep his law practice from becoming commoditized. Both small and large law firms should be asking themselves that, because the tide has already turned toward the commoditization of many legal services.

What are commodity legal services? Generally legal services that involve routine and predictable legal issues that can be systematized into forms and processes. They don’t involve complex legal issues, or the issues have already been addressed with such frequency and regularity that they have become routine. Often each individual claim or matter involves a relatively small amount of money at risk, necessitating an inexpensive process or the economies of large volume. Through the use of questionnaires, checklists, decision trees, step-by-step instructions, standard processes and similar methods, technology enables rapid and cheap production of the relevant legal advice and documentation.
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10 06, 2007

Get Remembered

2007-06-10T07:36:39+00:00By |1 Comment

Years ago at an early morning meeting Jimmy Brill, a veteran estate planning lawyer and the founder of Solos Supporting Solos, asked each of 30 lawyers to introduce themselves and their practices. I didn’t know any of them, and they all faded into a blur, except for one tall gentleman in a straw hat and seersucker suit. He said, “I’m a proctologist in the courtroom.” He got some chuckles and my attention.

I often ask the attorneys I coach on business development to analyze their client list to determine how they obtained their previous clients. Most of them report that the majority of their new clients come as referrals. If your business depends on referrals, your success depends on the likelihood that others will remember you when someone has a problem you can solve.

A couple of months after that morning meeting, I asked someone in the group, “What’s the name of that guy who’s the proctologist in the courtroom?” “Ted Hirtz,” he responded immediately. Ted’s introduction stood out and triggered the memory of enough people for me to locate him again.

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1 06, 2007

Marketing: What Are You Already Doing Right?

2007-06-01T12:54:51+00:00By |Comments Off on Marketing: What Are You Already Doing Right?

On a panel for a webcast by the Law Practice Management Program about “Finding and Keeping Good Clients,” we discussed the efficacy of public speaking. Rick Albers, a real estate lawyer in Austin, recounted that another lawyer once told him that he had spoken many times at continuing legal education programs, and never got any business from it. Rick’s mouth dropped open. He himself had referred four matters to that lawyer over the last several years. Rick made those referrals because he knew from hearing the lawyer speak that he was knowledgeable in the relevant area of practice.

Many years ago, when I had my own law firm, my father asked me how I got my clients. I blinked, dumbfounded by the question, and finally responded, “I wish I knew, Dad, so I could get more of them.” That question spurred me to examine my list of current and former clients. I discovered that 75% of my business came from referrals from other lawyers. To my surprise, many of those referrals came from my competitors!

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27 04, 2007

10 Tips for Developing Associates into Rainmakers

2007-04-27T13:38:50+00:00By |Comments Off on 10 Tips for Developing Associates into Rainmakers

10 Tips for Developing Associates into Rainmakers

Today most law firms, large and small, expect partners to bring in business. In determining whether an associate makes partner, the firm usually considers whether the associate has the capability to bring in business.

Some firms don’t do a very good job of communicating this expectation to their young lawyers, however. In fact, some partners may actively discourage associates from spending time on business development activities, if that takes any time away from doing billable legal work. The firm then unrealistically expects a new partner to support himself with his own business like turning on a water faucet.

While firms that think longer-range may not begrudge the time an associate spends on client development, they don’t all have a policy for reimbursing associates for business development expenses. Young lawyers still trying to pay off student loans are expected to pay for any marketing lunches or other outside activities, bar association and section dues, and community association dues. Asking associates to lay out their cash to benefit the firm they are not yet members of can have a significant tempering effect on their efforts. Finally, some savvy law firms actively support mid-level and senior associate efforts to develop clients by providing time and financial resources, but very few provide real guidance to young lawyers about how to market themselves.

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10 01, 2007

What’s Holding You Back?

2007-01-10T16:45:28+00:00By |Comments Off on What’s Holding You Back?

A couple of years ago I wrote about strategies for actually accomplishing the goals we set for ourselves at the beginning of the year. It’s that time again, and you can read that article by going back to the January 2005 issue of The Practice Manager or you can view it on our website. If you implemented those ideas, I know you made a lot of progress. If you didn’t make progress or didn’t implement any strategy to achieve your goals, then some hidden factors may be influencing you. […]

18 11, 2006

Business Development: Follow-up or Fall Down

2006-11-18T13:36:17+00:00By |Comments Off on Business Development: Follow-up or Fall Down

 Recently I celebrated a business development victory with a lawyer. I asked him what he thought was the most important ingredient in his success. “Persistence,” he replied. “I just kept following up.”
That’s where many of us fall down. We attend networking events, give speeches, join organizations, and do other things to be at the right place to meet prospective clients. We succeed in meeting what appear to be some good business prospects or good potential referral sources. Hooray! Now what do we do?

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