Young Lawyers: Getting Hours and Pleasing a Senior Lawyer Not Enough in the New Economy

Years ago when I was responsible for attorney development in my firm, I gave a business development presentation to a group of brand new partners at their orientation. As I surveyed the crowd, I realized that not one of the new partners had given any thought to business development. Not one had a prepared a business plan with written goals.

Instead, each of the new partners was only concerned with pleasing the senior partner who had lobbied to get them promoted. That strategy might have worked when the economy was so good that even the worst law firms were doing well. It certainly no longer works. If over the years those income partner did not develop clients of their own, they likely were let go. Even the partner with all the business who lobbied to get them promoted could no longer protect them.

I thought of the old school thinking as I was reading Seth Godin's book Linchpin: Are You Indispensable? on my Kindle . Early in the book Seth describes the old American Dream and the New American Dream. His list of each seems very close to the old dream for young lawyers and the new dream for young lawyers. 

Here is my take on old and new dreams:

Old dream for young lawyers:

  • Get your hours
  • Do your assignments
  • Put in face time at the office
  • Keep the lawyer feeding you business happy
  • Suck it up

Lawyers in the old dream never needed to worry about client development. Instead they needed to worry about keeping the senior lawyer for whom they worked happy and hope he never got hit by a bus when he crossed the street. The old dream worked because work was plentiful, seniors lawyers did not want younger lawyers they developed to have clients on their own and leave the nest. Young lawyers were told: "You don't need to worry about client development. We have all the work for you that you will ever need."

New dream for young lawyers:

  • Develop a unique skill that will be needed for many years
  • Become a people person and build relationships
  • Get to know your clients' businesses and industries
  • Create remarkable articles, blog posts, podcasts and webinars your clients will value
  • Be generous with your non-billable time
  • Become involved in your community/bar
  • Stay in contact with people you know both in person and using social media

It takes way more than getting your hours, working hard and sucking it up to achieve what is needed in the new economy. What are you doing to create and accomplish your New American Dream?

How is Your Firm Website? Potential Clients Do Not Believe What You Tell Them

Marketing expert Seth Godin once said:

People don't believe what you tell them.
They rarely believe what you show them.
They often believe what their friends tell them.
They always believe what they tell themselves.
Seth Godin, Seth Godin's Blog, 07-29-06

So, what is the take away for you and your law firm? Put simply, if you are using your firm website and branding tag lines primarily to tell your potential clients things about your firm and you, they won't believe you. If on the other hand, you are using your firm website to share with clients what they need to know about potential problems and offer potential solutions, your potential clients may tell themselves that you are the lawyer and law firm to use.

 

Marketing Secret Number 2: Do Workshops for Clients and Friends

My blog post yesterday Marketing Secret: Create a Guide or E-Book, focused on a way of becoming visible to potential clients who do not know you.

My post today focuses on ways to solidify your relationship with your clients.  I think of the best ways is to offer to do an in-house workshop for a client. For construction contractors it was always easy to come up with a topic. I did programs on contract administration, negotiation, design-build, ethics and compliance and a variety of other topics.

Here is a second marketing secret: Instead of doing a workshop for a seminar company, do it for specific targeted potential clients. I remember getting roped in to do a workshop for a seminar company. They took care of all the logistics and sold the seminar. They told me it would be a great marketing opportunity for me. I spent many hours getting my 1/2 day program put together. When I arrived at the seminar facility I discovered that the attendees were either with companies that could not afford my rates or were not the decision makers in companies that could afford my rates.

After that awful waste of time I offered to do workshops for clients for whom I had not recently worked and friends I had met at industry meetings. That really worked well because I re-connected with my old clients and because my workshop covered a timely topic, I was able to get work from those clients.

If the kind of work you do lends itself to teaching your clients, I urge you to do workshops. If you do them, make sure they are interactive and that participants are learning by doing.

 

One More Time: Asking a Favor Builds Relationships

I recently shared Dan's story with you. He took a client to lunch and after lunch he asked the client a favor. In case you are still wondering whether asking a favor works I want to share a second story with you.

A few weeks ago Matt Sanderson, a lawyer I coach in Dallas asked me how to get a meeting with a client for whom he had not done any recent work.  I advised him to put himself in the shoes of his client and ask: “What is in it for me to meet with Matt?” I mentioned I had blogged recently about asking the client for a favor having nothing to do with business. 

For example, I said: “Tell the client you want to meet and pick his brain for ideas to blog about.” After our coaching call Matt used that approach and here is a portion of what he reported:

 Just yesterday, we discussed my dilemma in (A) getting prospective clients to “buy-in” to both meeting with me and discussing their legal needs and (B) obtaining from these prospects additional names of other prospective clients.

After taking the advice you gave me, I implemented it this morning in a meeting with a client who has not provided work to us in about 18 months. By the end of the meeting, this prospect provided me with (i) at least 5 new topics for our restaurant blog, (ii) an invitation to meet all of the tenants in his commercial shopping center at their monthly meeting, and (iii) two specific names of restaurant owners that he wanted me to call with his endorsement of our services. I believe that these results were directly driven from the advice you provided.

 Why did asking a favor work for Dan and for Matt? More than any other reason they were both sincere and were not trying to take advantage of their friend. They sincerely wanted to learn and sincerely wanted to get to know more people they could help. Your clients and friends will help you also when you sincerely ask a favor.

P.S. After posting this, I saw a blog post  What's Important When You Refer People  by noted referral expert Ivan Misner. What would your answer be? Based on a survey of 12,000 business people character was most important. Character is demonstrated in part by sincerity. 

 

 

 

Proof That Asking a Favor Works

Are you looking for an effective way to engage a client or contact? Ask them a favor.

Last fall I posted a blog titled Want to Persuade: Ask a Favor. I referenced an article and Robert Cialdini’s book: Yes!: 50 Scientifically Proven Ways to Be Persuasive.

I frequently suggest to lawyers that clients, potential clients and referral sources actually want to help us. So, asking a favor is a good way to build the relationship with them as long as you are not bugging them to get business.

Last week Dan a lawyer I coach found this approach really does work. Here is a portion of an email he shared with the members of his coaching group. 

I just want to share something good that happened last week, after our coaching group session. 

Sitting in my office Friday morning, I got a call from the President (as in "top employee" rather than "owner") of an XXX management company.  It was a business call. When we finished discussing business, I asked him when I could take him to lunch, and he asked me to get my calendar out.  On a lark  I said "To Hell with the calendar, why don't I just pick you up at 12:30?"  I was a little surprised when he said "Great!" 

At lunch -- at the very end of the lunch, after we had talked about everything else except business -- I told him I was going to ask him for his help.  I then told him that I wanted to learn everything and everyone he knew in/about the XXX industry, and that I'd be grateful if he could introduce me to as many people, groups, publications and events as he could, or at least all that he thought would be helpful. I assured him that I wasn't going to sales-pitch these people; I just wanted to learn about the industry, and see what was important to the people he knew.  He thought that was a great idea, and immediately started to list ideas. As we talked through some of them, I assured him that I was willing to join/write/speak/travel/meet/greet/wine/dine in any way he thought wise.  Here's the kicker: he was (and still is, I think) truly enthusiastic about it.  That's what surprised me. I think he liked being asked to help, and I think he really wants to. 

On the way back to the client's office, he was thinking out loud: "Gee, I'd really like you to speak at one of the groups I'm in; I'm going to have to think of a really good topic for you. Something they'd like to hear."  I stifled a laugh when I realized that HE knew I was supposed to ask about good speaking or writing topics, but I, um, forgot.  OK, maybe I'm not a Jedi yet; I can only remember so many mind tricks.

Anyway, all in all an excellent lunch.  I'm happy about what I've set in motion.  What it will produce is anyone's guess, but I'm grateful to Cordell nudging me in this direction. 

Dan's email is proof that asking a favor works. Your clients and your friends want to help you. Give them the chance.

 

Lawyer Marketing: Making the Case for Using Social Media Again

In my post on Tuesday, I wrote how I would effectively and ethically use social media and other internet tools if I was still practicing law. I pointed out that social media is one of the many tools to develop relationships. 

A few months ago I read The Facebook Era: Tapping Online Social Networks to Build Better Products, Reach New Audiences, and Sell More Stuff by Clara Shih. I recommend the book if you want to learn more about social media and how others are using it for marketing. In the book Shih makes the point that as individuals we have two sources of competitive advantage: human capital and social capital.

Your human capital is your talent as a lawyer. Social capital is your relationships. If you really boil it down, your ability to attract, retain and expand relationships with clients depends on your talent and relationships.

Shih points to studies by Stanford and Harvard professors showing that “social capital is a powerful source of knowledge, ideas, opportunities, support, reputation, and visibility that is equally if not even more influential than human capital. On line social networks are tools that you can use to develop relationships. While in person relationship building is more important than ever, the social network tools can be used efficiently and effectively to expand your social capital with "loose ties." Social networks can also be used as a tool to demonstrate your skills by linking to articles, blog posts, presentations and other content you create.

If you want to keep up with what to expect in social media for 2010, I recommend you read Bentley Folk's www.bentleytolk.com/2009/12/31/social-media-marketing-for-lawyers-2010-predictions/. I also recommend that you read my February Practical Lawyer Column: Practical Tips on How and Why to Use Social Media.

I know that firms need and want to control what their lawyers are putting on any of the social media sites. That makes sense given what some lawyers have posted. At the same time firms need to realize social media is totally changing the legal marketing landscape. I urge you to put together a plan for your firm.

How I Would Effectively and Ethically Use Social Media and Other Internet MarketingTools

I recently wrote about the Strength of Weak Ties. In that post I mentioned that in 1983, Congress enacted a provision in a Federal Highway funding statute that complicated matters for highway construction contractors. I wrote about the change and spoke at conferences across the country.

At the time I was a 12-year lawyer and didn’t have the Internet to help with research or to connect me with weak ties. What would I do now, if I were a 12-year lawyer? How would I use social media and other Internet tools?

My main strategy would be to use the Internet to find things going on that will create legal issues or opportunities for transportation construction contractors. I would also use the Social Media tools to become more visible and credible to my target market and to build relationships.

  1. I would have Google Alerts set up for each of my clients, their competitors, and highway construction, bridge construction, rail construction, airport construction and mass transit  construction.
  2. I would continue reading construction magazines like Engineering News Record, but I would also get their daily electronic updates.
  3. I would be on LinkedIn and I would start the Transportation Construction Law Group. I would invite all my contractor friends on LinkedIn to join the group. I would search for other groups that would likely have members interested in transportation construction and join those groups. Each month I would link to the column I wrote in Roads and Bridges magazine. When I did presentations I would mention them and offer to send the PowerPoint slides and handouts to anyone who was unable to attend the presentation.
  4. I would be on Facebook and likely use it to stay in touch with my friends, as I am using it now. I would consider setting up a Transportation Construction Law Fan Page where I would post what is going on in transportation construction. I would use this page instead of sending out email blasts of alerts I write.
  5. I would be on Twitter and I would use it to gather information, to build relationships with transportation construction leaders, influencers and writers who are on Twitter. I would also use it to post news and information contractors would find valuable and helpful. I would be seeking contractor friends to follow me on Twitter. I would also link to the monthly columns I wrote for Roads and Bridges magazine.
  6. I would update and make e-books of my books on Transportation Construction Claims, Design-Build for Transportation Construction Contractors and Linear Scheduling.
  7. I would do quarterly webinars at no charge for the transportation construction industry. I would record them and make them available to national construction associations and their state chapters. I would edit them and make several short podcasts.
  8. I would consider putting my PowerPoint slide presentations on Slide Share.

Some senior lawyers do not see the value of social media. Others believe there are ethical problems with lawyers using social media for marketing. Kevin O'Keefe of LexBlog has written about both points. I urge skeptical senior lawyers to read Kevin's posts. In his November 8 post Kevin writes how social media has raised the bar for client development and in his December 30 post, Kevin includes a list of things to avoid doing that would raise ethical considerations.

Lawyers are increasingly using social media to market. It can be done efficiently, effectively and ethically. How are you using social media? How is your firm using it? How can you take some of my ideas above and use them for your practice?

 

2010 Planning: Reviewing Last Year and Looking to Improve Next Year

I am continuing to post ideas lawyers I coach are using to prepare their 2010 plan. 

Jodi McDougall, a partner with Cozen O'Connor in their Seattle, office recently shared her approach with me:

I'm planning for next year by first reviewing this past year. I'm going through my goals from last year and seeing what I've achieved as well as what I didn't. For those goals I achieved, I give myself a pat on the back, or better yet a few hours at the spa. I also look around me and see those who helped me to achieve my goals. For example, my parents who are always there to step in and love my kids when my husband and I accidentally schedule a deposition the same day. I express my thanks through a note, a kind gesture or a gift. I let them know that I recognize their contributions to my success.

I also look to last year's achievements and determine what I want to do again and how to improve on those goals. For example, with two small children I had stopped taking time for exercise, thinking I didn't have time for such luxuries. Cordell reminded me that successful people take good care of themselves. Last year, I ran a half marathon in June. This year my goal is to run at least two half marathons. I'm already signed up for one!

For those goals I didn't reach, I try to figure out why I fell short and either set the goal again or adjust it to make it more reasonable and achievable. I remind myself of how good it feels to achieve the goals I set and give myself a fresh start and let go of my past shortcoming.

Finally, I will take some time at the end of the year to relax and enjoy my family. I recharge my batteries so that I will be ready to go when January 1, 2010 rolls around.

 

2010 Business Plan: Look Forward and Work Backward

In my last two blog posts, I have discussed why you should have a plan for 2010 and my thoughts on how to get started. I have asked lawyers I coach to share with you how they are preparing their 2010 business plan.

James J. O'Keeffe, a new partner with Gentry Locke Rakes & Moore, recently shared with me how he is preparing his 2010 business plan. 

I’m preparing my 2010 business plan by looking forward and working backward. Based on our coaching sessions and some of the books that you’ve recommended, I’ve got a list long-term goals defining where I’d like to be in five and ten years in each of my roles—father, husband, productive lawyer, client developer, etc. With those in mind, I’ve decided where I’d like to be at the end of 2010 with respect to each role. I used those targets to identify goals that I’d like to accomplish next year. I tried to make sure that those goals are objectively quantifiable, challenging, and more or less within my control.

I know that some people find it very useful to break their yearly plans down by hours, quarters, weeks, and so on. That doesn’t do very much for me. With two small kids, a wife who works, an old house, and a busy job, yearly planning beyond the “big rocks” is just too ambitious right now. If something is important, I will get it done. If not, there’s no sense in planning for it, anyway. As the year progresses, I do plan my activities on a weekly basis and review my goals quarterly. That probably mitigates the lack of precision in my up-front planning. But trying to sit down right now and figure that I have x hours of investment time, to be divided across y activities over z weeks would likely only set me up for failure. It would also drive me nuts.

Finally, I’d be remiss if I didn’t note that I am lucky enough to work at a firm that gives me significant freedom when it comes to annual planning and goals.

Practical Tips on How to Do Year End Planning

In my last post, I discussed why you should create a 2010 plan. In this post I will share with you ideas on how to do your planning.

I suggest giving thoughts to next year between now and end of year. I especially like this weekend and the time between Christmas and New Years because I can relax and focus.

Here are my ideas on where you might focus:

  1. Look back on what you accomplished in 2009: What did you learn? What did you do? What results did get? What could you have done better?
  2. What do you want to accomplish next year? What are your goals? Why is achieving them important to you? What do you want to learn? What do you want to do better? What would be a home run for you?
  3. What actions do you need to take to achieve your goals? Try to list as many as 25 actions and identify when you will take each action.

I recommend that you write all of the answers to these questions and your list of 25 actions. Why is that an important step? Studies have shown that we are far more likely to do things we have committed to writing. We are also far more likely to do them when we set a date certain.

Give this approach a try. It will make you more focused and will help keep you working toward your goals.

If you want additional ideas on planning download my latest column from The Practical Lawyer. 
 

Top 10 Blogging Mistakes You May Be Making

Are you blogging for business? Plenty of lawyers are doing it. But, how many are doing it well? Here are the top 10 mistakes I see:

  1. Failure to identify the targeted reader. It is pretty basic. You need a plan which identifies the type of client/referral source you want to read your blog.
  2. Picking topics no one cares about. Potential clients only care about their problems, opportunities and changes. They want to read about solutions to those.
  3. Not posting regularly or frequently. If you do not have time to post at least once a week, you should not be blogging.
  4. Picking a poor title. Some of the titles I see remind me of headings from legal briefs. Your potential clients and referral sources will decide whether to read your blog based on the title.
  5. Writing posts that are too long. Your potential clients and referral sources do not care about the history of Swiss watch making. They simply want to know the time.
  6. Writing long paragraphs. You may not realize it, but your readers will look at your blog post visually. If the paragraphs are long, they will be less likely to read it.
  7. Writing about you and your law firm. Your potential clients and referral sources do not care about you or your law firm. They care about themselves and their business.
  8. Writing that attracts the wrong potential clients. If you are a management side employment lawyer, your blog should be aimed at businesses so you do not receive lots of calls from disgruntled employees.
  9. Writing for lawyers and not for potential clients and referral sources. Unless your target audience is lawyers, use words that businessmen use.
  10. Talking down to your readers. Potential clients and referral sources like lawyers who are confident. They hate lawyers that are arrogant.

If you are blogging you should be reading Copyblogger. It is the top blog for learning blogging skills. I wrote a regular monthly column for Roads and Bridges Magazine for 24 years. I can assure you that my writing improved over time. Your blogging will improve over time also.

Be a Magnet

The attorneys I coach have probably heard me say it many times: “You want to be remarkable in the eyes of potential clients so that they will seek you out.”

I read an article written by Dr. Ivan Misner, a New York Times bestselling author, who wrote “The 29% Solution: 52 Weekly Networking Success Strategies.” The point of the book is that 29 percent of us are connected. I understand that the book has a 52-week program to help readers become part of the 29 percent. You might be surprised to learn that Dr. Misner believes introverts are better at networking than extroverts.

In Misner’s article I found the following interesting:

  1. In business, being a magnet means being recognized as a “go to” person and that includes knowing people who can solve other people’s problems.
  2. We tend to attract people like ourselves. Busy people attract busy people, making it more difficult to get together, but the rewards are great when a group of busy people get together.

The second part of the article focuses on approachability and includes suggestions from Scott Ginsberg, “the name tag guy.” He gives some really good ideas for being approachable at an event. I urge you to study each of his eight ideas before going to your next event.
 

Lawyer Marketing: Good Habits Begin With a Plan

Mitch Ackal is a Houston based lawyer I am coaching. He played baseball on the 1999 College World Series Rice team.

This week I am begin coaching a group of eight associates. I asked Mitch to share his thoughts on how to get the most from the coaching program. I am passing Mitch’s thoughts on to you because you can use his ideas, especially the importance of developing a business plan that will work for you.

My advice on getting the most out of Cordell’s program is to be patient and persistent. I am a 5th year litigation associate. When I first started the program,         I had an unrealistic expectation Cordell was going to give me a bag of pixy dust to sprinkle around town, and the next day I would be generating a million in business and praised by the partners as the second coming of Clarence Darrow. Unfortunately, it does not work that way.

My take on Cordell’s program is he wants us to develop the right habits that will eventually turn us into productive rainmakers. Those habits might not yield an immediate result, but they will lay the groundwork for the future.

I think the key to developing the correct habits is to prepare a good business plan that suits your strengths and weaknesses. The individual coaching sessions with Cordell; group meetings; quarterly meetings; and working as a team are some of the tools you will use to develop your plan of attack. And of course, once you develop your business plan, follow through with it.

I am currently in the 7th month of the program, and my challenge so far has been developing a comprehensive business plan that suits my personality, strengths, and weaknesses. Remember, there is more than one way to skin a cat. It may be your thing to write and speak. Some may love to blog. For others, developing relationships may be your strength. Or all of the above may work for you. The point is . . . find something you love doing and exploit it.

As a young lawyer, figuring out my plan has been the point of the program. In fact, during my last coaching call, I enthusiastically told Cordell I was almost done with my business plan. Getting to that point has been a fun struggle. For example, I had never given a speech before I started the program. I have since found two speaking opportunities and have determined it is something I really like to do. Therefore, writing and speaking a few times a year is now part of my plan.

Along the way, you will learn a lot from Cordell, but you will also learn a lot and get great ideas from your peers. One of the young lawyers in my firm’s program was born in Iran and immigrated to the United States when she was 9. She is keenly interested in the recent news coming out of Iran. She has contacted our firm’s public relations consultants, and the next time a big story breaks out of Iran, she is going give some interviews to local and national media outlets. The PR consultants told her the news media has been clamoring to find someone to give a few sound bites or quotes. She clearly fits the bill. A great idea and a great way to get her name out in Houston’s growing Iranian community.

Sorry for the long email. Good luck, and I hope you enjoy the program as much as our group has.
 

Client Development: Start with Something Small

I think that many young lawyers find client development daunting. In January I gave a presentation to new partners at a firm who at the end were likely overwhelmed. Their firm had given me two hours to give an overview. By the end I am sure many in the audience wondered where to start.

Are you in that same position? If so, do what star athletes do - train by learning one thing at a time and begin by taking small steps so you feel you have accomplished something. One thing I suggest to lawyers I am coaching after our first session is to go back and look at their plan and look at their goals. Is there anything we discussed that has changed their thinking? Then I suggest that they do something, no matter how small to get started. It might be as simple as calling someone and asking them to lunch, sending an article with a handwritten note, or setting up Google Alerts for their clients.

Don’t feel like client development is climbing Mt. Everest. Take just one small step and get started.

Get to the Edges

Seth Godin recently posted a Blog titled "Creativity and stretching the sweatshirt." In the post, he says: "Creativity is the stuff you do at the edges. But the edges are different for everyone, and the edges change over time." He also suggests that if you are not creative, then watch the creative things other people have done.

What are the edges for a law practice now? During my career some of the things I did around the edges were:

    1. Create a newsletter before any of my competitors. 2. Create a video when VHS first came out. 3. Create guides for contractors.

I think if I was still practicing law today and could do anything I wanted, I would:

    1. Create a professional looking video for my website bio. 2. Develop a regular podcast. 3. Develop the Transportation Construction Law Blog. 4. Conduct monthly webinars for contractors.

What can you do around the edges?

Are You Ready for Change?

I got up early this morning and picked up my Dallas Morning News. I found two headlines that we as lawyers should be thinking about. The front page headline was: "Change Has Come to America." The Business page headline was: "Dallas Fed chief: U.S. economy faces 'epic challenge'"

Then, I got my cup of coffee and went to my computer and opened my news page on iGoogle. There I found a Wall Street Journal headline: "Business Braces for Cooler Climate: Some Industries Look for Silver Lining in Stimulus Package, Health and Energy Shifts." The opening paragraph was: "Rising Democratic power in Washington is likely to usher in a drive for tighter financial regulation, increased social spending and more labor-friendly policies amid a more challenging climate for business." I did not read this article for the news. Instead I read it and started making a list of the future legal issues.

These two headlines, and even more importantly, the Wall Street Journal article will have more to do with your law practice and client development over the next few years than almost anything else. The lawyers who will thrive in the next few years are those who are best able to see the legal issues that will arise from a new democratic administration and greater majority in the house and senate and an economy that is facing an "epic challenge." Some lawyers have probably already positioned themselves for change. If you haven't, then you better start now.

In his book "A Whole New Mind," Daniel Pink includes a chapter on symphony, which he calls: "...the ability to put together the pieces. It is the capacity to synthesize rather than analyze; to see relationships, between seemingly unrelated fields; to detect broad patterns rather than deliver specific answers; and to invent something new by combining elements nobody else thought to pair." Good lawyers are able to analyze situations. Great lawyers are also able to analyze. What sets them apart is their ability to synthesize what is going on in the world and how it will create legal issues their clients will face. At no time in my career has it been more important to synthesize.

Whenever I talk about this with lawyers I coach I am asked how to do it. I use iGoogle and Google Alerts to capture what is going on in Dallas, Texas, the United States and the world. Each morning over my first cup of coffee I look at my news page on iGoogle and my Google alerts. I also read business and trade magazines. In construction Engineering News Record is the most widely read magazine. When I was practicing law I would have young associates read the business articles and identify the legal issues.
So, let's make a list of what is going on that will likely create legal issues:

    • We are in a recession. • There will likely be greater regulation of all industries, especially the financial industries. • Workers are being laid off. They will need to be retrained to be productive. • The new administration and Congress will be more labor friendly and there will likely be moves to unionize workers. • Retailers will likely face the worst holiday season in recent history. • American auto manufacturers are in trouble. • At least for the moment, the government is pumping capital into banks and other businesses. • Many state and local governments need more money to operate. • Our infrastructure needs repair and replacement and the new Congress is likely to try and stimulate the economy by pumping money into infrastructure projects. • We must become more energy efficient and find more energy in the US. • The world remains dangerous. • Federal Government spending is increasing and so is the deficit. • People earning over $250,000 are likely to pay more taxes. • Our corporate taxes are second highest in the world and they may be raised. • The new administration and Congress will be more sensitive to the environment. • The public is fed up with corruption on Wall Street and there will likely be more Enron/Worldcom type criminal investigations. • Baby boomers are retiring from the workforce in record numbers and many are finding they need to return to work. • More health care will be needed as the baby boomers age. We may well have a shortage of physicians. • The talent pool is shrinking and those in it are more diverse. • Estate taxes are likely to stay in place. • States are increasingly passing laws requiring business to protect their customers' data. • Investors will eventually be investing in distressed properties. • United States ranking in education, particularly math and science continues to fall.


You will likely be able to see other news that will create legal issues for your clients. How well you synthesize these issues and what you do to be "first to market" with your synthesis will have a great impact on your future.

Don't Cut Costs: Increase Revenue Instead

I guess it is no secret that law firms are facing a recession. Today I received an email for a CCM audio conference program that will be held on October 29 titled: "Revenue per Lawyer: Increase Profitability not Billable Hours." One of the marketing pitches for the program was that firms are struggling to increase profits by cutting overhead to the bone and reducing expenses. Still profits and revenue prove hard to maintain. Needless to say this is a timely topic and I am sure the program will be a good one.

I remember the last law firm recession. The leaders of my old firm spent hours in meetings focusing on where they could cut costs. Then, they took bold action. They cut our client development/ marketing budget by more than half, they cut our development and training budget and laid off over 30 lawyers. I disagreed with that approach and I don't think it makes sense now. The simple truth is that there is only a small percentage of costs that can be cut, and unfortunately the very areas (marketing and training/development) that are most likely to be cut are those that can help increase revenue.

Suppose you focused on how to increase revenue rather than how to cut costs. I believe that would be a more successful exercise. How would you do it? You might use a couple of the exercises I use with my coaching groups.

Gather your Top 10, 20 or 25 business producers for a summit. These are the lawyers in your firm with a proven track record. Divide them into three groups. Have the first group brainstorm ideas that will increase revenue during the last three months of this year and in 2009. Have the second group brainstorm ideas that will increase revenue from 2110-2112. Have the third group brainstorm ideas that will increase revenue long term (2013 and beyond). I think you will be surprised by some of the creative ideas your best producers generate.

Then, develop 25 actions to take to increase revenue. One might be to identify the firm's top 50 clients and have the lawyer responsible for the client, visit them. One might be to have all the firm's partners prepare a business plan with goals and a minimum of 240 non-billable hours devoted to client development. One might be to create industry teams. Another might be to have a group study what is going on in the world and how that is creating and will create new legal work. The point is to have your top producers come up with an action plan and then implement it.

The Likeability Factor

I am sure many of you will find this odd. I really like and admire Barack Obama and I really like and admire Sarah Palin. I am not talking about their political views. I am talking about how well they have done so far under intense pressure, how they have handled their underdog status, and most importantly how they have emotionally connected with their clients-the people of the United States. I feel I have learned a great deal from watching them.

At the beginning of this year, virtually every political pundit predicted that Hillary Clinton would wrap up the nomination on "Super Tuesday." It seems they underestimated Barack Obama. Between Friday and Wednesday night many political pundits described in detail the mistake John McCain had made selecting Sarah Palin. It wasn't just the political pundits. Joy Behar, Jay Leno. David Letterman and especially Bill Maher ridiculed Sarah Palin in ways I have not seen in years. If you want to read what they said, go to: http://www.foxnews.com/story/0,2933,416981,00.html

When I watched Barack Obama as the underdog in the early debates and when I watched Sarah Palin take the stage on Wednesday night, I felt like I was watching our women's gymnastic team on the balance beam during the Olympics. I was so worried that they might show their nervousness and not nail it. I believe they both have performed at the highest level under intense "make or break" pressure.

Why have Barack Obama and Sarah Palin connected so well with their clients? How have they moved audiences so well? How can you take what they do and apply it to your own relationship with clients and your own presentations?

In his book "The Likeability Factor," Tim Sanders includes a chapter on "The Four Elements of Likeability." Those elements are:

    • Friendliness • Relevance • Empathy • Realness (authenticity)

Prior to this election, I feel I learned a great deal from President Kennedy, Robert Kennedy, President Reagan and President Clinton. Like, Barack Obama and Sarah Palin, each of these candidates connected with their audience. In varying degrees they each demonstrated friendliness, relevance, empathy and realness.

Many young lawyers I coach feel they are at a competitive disadvantage because of their age and experience. I am confident that each day before the election we will hear something about Barack Obama's and Sarah Palin's lack of experience. Yet, I believe this election will show that experience is overrated and judgment, connectivity and likeability are underrated. The same is true for lawyers.

When I coach young lawyers I share with them that I believe that about 10% of legal work is "bet the company." Clients will hire the best-known senior "go to" lawyer to handle that work. At the other end, I believe that about 20% to 30% of legal work is commodity work. Clients will hire whoever is willing to do that work for the lowest price. If you are in a firm of any size, you will not be able to compete on price and frankly you would not want to compete on price. Finally, I believe that at least 60% of legal work is neither bet the company or commodity work. Clients will hire lawyers they like and trust and with whom they feel some connection.

How can you position yourself to have the best opportunity to be hired by clients for that work? First, you have to be a capable lawyer. But, that will not be enough. You need to also be likeable with the elements Tim Sanders describes. You need to be friendly. Tim Sanders uses a quote from Bert Drecker, a communication expert: "If you want to get your message across . . .., You must first persuade the listeners first brain that you represent warmth, comfort and safety." Next, you must be relevant. As a lawyer that means understanding your client's industry and company and understanding your client contact's needs. Next, you need to be empathetic. You must be able to see things from your client's point of view. To do that you need to be able to ask relevant questions and then listen, listen, listen. Finally, you need to be real.

A couple of weeks ago, I mentioned one of my favorite books on presentations. It is: "Give a Speech, Change the World" by Nick Morgan. I believe history will record that 38 million people tuned in to watch a speech by Presidential candidate, Barack Obama that changed the world and then less than seven days later 37 million people tuned in to watch a speech by Vice Presidential candidate Sarah Palin that changed the world. I hope that their speeches and performance under pressure will inspire you to give a presentation to a group of potential clients that will change their world.

Upcoming Webinars with CLE Credit

In January, 2005 I left my law firm to focus on helping lawyers with career development and client development. Needless to say, I knew that if I could put together a program that would generate CLE credit, the program would be more valuable to those who attend. Last week we received word from the Texas State Bar that our program titled: "Securing, Retaining and Expanding Relationships with Your Clients" will be eligible for 3.00 hour participatory CLE credit and .50 hours Ethics CLE credit. The three sessions cover:

    1. "The Core of Your Practice, Build Your Plan" 2. "Skills to Develop Quality Services, Build Your Profile" 3. "Build Client Relationships"


We plan to do the program by Webinars at noon Central time on October 8th, 15th and 22nd. Cost is $195. If you are a Texas lawyer and want to attend, contact Joyce (jflo@cordellparvin.com) as we will be limiting participation to 50 lawyers.

I know that this type program will not be eligible for CLE credit in all states. I know from my own personal experience that it would not be eligible for CLE credit in Virginia and I understand the same is true in Pennsylvania. If learning how to secure, retain and expand relationships with clients interests you, and you think it might be eligible for CLE credit in your state, contact Joyce and we would be happy to submit the materials to your state Bar.

Many young lawyers I know either do not see the importance of this topic or they feel client development is too difficult. If you think about it, your very security and the security of your family depends on your ability to build and expand your client base. My first mentor made that point to me when he said: "Law firms can hire smart lawyers easily. They graduate from law school every year. It is more challenging to find a smart lawyer who clients gravitate to when they need help. That lawyer is far more valuable."

A couple of years ago I met a managing partner in a firm where I had begun coaching. He shared with me his belief that lawyers either "get it" or "don't get it" when it comes to client development. I told him I respectively disagreed. I know from working with lawyers that many have the potential, but don't have a clue where to start. If you feel like you have the potential and you have a desire to learn, then I believe you will find this program valuable.

The Will to Prepare to Win

In June, Nancy and I celebrated our 38th anniversary. Next month, I will have been practicing law for 37 years. I can't even remember life without Nancy's love and support, or life when I was not thinking about the law.

Plenty has changed in the law practice over my 37 years, but I know one thing that has not. I have never met a lawyer who is inspired and excited about getting her hours. Getting billable hours is a requirement the firm puts on a lawyer, and while it is something we all need to do, it does not motivate us.

What does motivate many of us is getting, retaining and expanding relationships with clients. Many of us became lawyers, less because "the law" and more because we could use our knowledge and skills to help our clients achieve their goals.
If getting, retaining and expanding relationships with clients motivates lawyers, why aren't more lawyers doing what it takes to have that opportunity. As you know, I wrote a book titled: "Prepare to Win." I picked the title based on a quote I had seen many times attributed to various famous coaches. The essence of the quote is: "Many have the will to win, but only a few have the will to prepare to win." Many lawyers have the will to get, retain and expand relationships with clients, but only a few have the will to do the hard work that makes getting, retaining and building relationships with clients easy.

As I write this, I am willing to bet that at least 80% of lawyers have no written plan for their career, no written goals, no method of holding themselves accountable, and make no concerted effort to build their profile or build relationships. I am further willing to bet that 80% of those lawyers are questioning why they became a lawyer in the first place. I sincerely hope you are not one of those lawyers.

Regardless of your law school, your class rank, your family situation, your age, your firm, your boss, your firm's clients, you and only you are responsible for your success and only you can define what success is for you. Over time you will also have to inspire yourself, motivate yourself, hold yourself accountable, stick with it when it is challenging and pick yourself up when things do not go as you had hoped.

Dave Walton is an outstanding young partner with Cozen O'Connor. I have coached him for the last 18 months. While I am sure I have helped Dave, he has been successful because he motivates himself and creates systems that enable him to hold himself accountable. He is continually striving to get better. This week Dave presented a Webinar for all the lawyers I coach. If you want to find out how Dave has had the will to prepare to win, here is the link to the Webinar.

Presentation to Get Business

Last week I talked about two presentations I gave years ago that were defining moments for me getting new clients and business. The two presentations enabled me to all of a sudden become visible to contractors throughout the United States.

Over the years I have discovered that many, if not most, lawyers do not know how to make presentations that will result in new business. They make these mistakes:

    1. They pick a topic that interests them rather than one that addresses the need of their audience.

    2. They are unable to explain succinctly why the audience should be interested in their presentation.

    3. They do not research their audience.

    4. They do not rehearse/practice their presentation in advance.

    5. They do not spend enough time in the actual room and with the IT staff to make sure everything is going to work.

    6. They stand behind the podium, which blocks them from their audience.

    7. They do not spend the first 90 seconds answering the most basic audience question: "What's in this for me?"

    8. They tell lame jokes that no one cares about.

    9. They use their PowerPoint slides as a crutch, and even worse read what is on the slides.

    10. They weakly close by asking if there are any questions or by saying: "in conclusion."

As you may know, I have many books on presentation skills and they are all very good. I would be happy to share with you my list of books. I believe that "Give a Speech, Change the World" by Nick Morgan, a Harvard Business School Press book, is the best on how to get the opportunity and give a presentation that will get you business. You can find it on Amazon for about $10-11. It is well worth reading.

I am teaching the lawyers I coach how to get business and clients from presentations. I call the program: "Anatomy of a Presentation: How to Get the Opportunity and Give One That Will Get You New Business." I demonstrate how and why I was able to generate new business and clients using an actual presentation I gave several times to Construction industry groups. If you want to learn how to do it, let Joyce know at jflo@cordellparvin.com. If there is enough interest I will consider offering a Webinar for $95 to teach you how to do it.

True Stories of Persistence - Part III

I write and speak frequently about the importance of persistence when you are working hard at client development and not seeing immediate results. Over the last week I have posted two Blogs about persistence. Today, I want to share with you true stories of persistence.

Last year I had the chance to see Terry Fator, who was performing at a resort in Hilton Head. He had just won the America's Got Talent television show. Fator, a ventriloquist, had labored for many years here in Dallas. According to one report, in May 2007, before appearing on America's Got Talent, Fator was performing at a fair near Houston, Texas and only one 12 year-old boy was in the audience. Discouraged, Fator contemplated pursuing another career, but his family encouraged him to hang in there. Fator says that he never dreamed he would actually win. After winning, opportunities arose. As you may be aware from the news, this year Terry Fator signed a five year $100 million deal to perform nightly at The Mirage Casino and Resort in Las Vegas.

Barney Adams has written a book titled: "The Wow Factor. " Golfers probably recognize his name from Adams "Tight Lies" one of the best selling golf clubs in history. As the Dallas Morning News review of the book points out, Barney Adams took many mulligans before he became successful. He created and patented many golf clubs, but very few golfers ever heard of him. His success came in part from the realization that he was not designing and selling golf clubs. Instead he was helping golfers with better ball flight. After creating Tight Lies, Adams Golf went from being virtually unknown to the Inc. "500 Fastest-Growing Small Companies" list. It also led to the largest IPO in the history of the golf industry.

Last Saturday I went to see the movie "Bottle Shock." It is based on a true story of Jim Barrett, a real estate lawyer who left his firm to start the Chateau Montelena Winery in Napa Valley. In the movie, he is overextended and just about ready to give up on what seems to be a failing life dream. In 1976, an English wine merchant named Steven Spurrier, operating out of a small shop in Paris sets out to prove that offerings from other countries, which he unsuccessfully stocks, can equal those of the previously unchallenged French vintages. He decides to have a blind tasting in France. While traveling through Napa Valley, he finds, among other good wines, a Chateau Montelena Chardonnay. At the end of the movie it is revealed that Stags Leap won the red wine tasting and the Montelena Chardonnay won the Chardonnay wine tasting.

Ok, these are great comeback stories, but what is the lesson in them for you? I think there are a couple of lessons. First, Terry Fator, Barney Adams and Jim Barrett were following their dream-their passion. They were passionate about ventriloquism, golf clubs and grapes. Second, because of their passion and intense desire, they did not quit when they did not achieve their dream right away. Third, there was a little luck in becoming successful. A summer television show gave Terry Fator an opportunity. Barney Adams went to work creating custom clubs at Hank Haney's (Tiger's coach) golf facility. It was at that facility that he got the idea for Tight Lies. Jim Barrett and Montelena Winery became world renown because Steven Spurrier decided to have a blind wine tasting in Paris.

Yesterday I wrote about my own challenge to overcome being discouraged. I look back and realize I was also blessed with a great deal of luck. After working two years without bringing in much business, I got the opportunity to do a presentation to Virginia Road and Transportation Builders' Association (VRTBA) at their annual meeting. Harry Lindberg, from the American Road and Transportation Builders' Association (ARTBA) heard me speak and asked me to speak at the next ARTBA annual meeting. That gave me the opportunity to present to contractors from virtually every state. A few years later after I gave a presentation to a national construction association, a young man came up to me and said he was the editor of "Roads and Bridges" magazine and he wanted to interview me. I told him that instead of an interview he should have me write a monthly legal column for the magazine. He agreed and I wrote the column for 25 years. Those two events, luckily attended by people who gave me the chance to become better known by my target market were the two most important things that happened to me. So, luck is a factor for each of us, but I firmly believe that luck happens to those who persist in following their dream.

When you are focused on the bottom line and getting numbers it is easy to quit before you achieve your dreams. When you are focused on doing things that you love you are far more likely to be lucky.

Persistence Part II

Have you ever thought of giving up on client development because you were not getting the results you wanted? I know many young lawyers who enthusiastically start a client development program and then get frustrated because they do not see instant results.

I experienced that frustration. I had put my heart and soul into my business development by writing articles and speaking at industry meetings and had not gotten the first client. Many times I wondered whether it was worth all the time I was putting in. A couple of senior lawyers in my firm also kept putting me down for taking time they wanted me to spend helping them. I kept on because I wanted to control my own destiny and not be totally dependent on senior lawyers. So, whenever I got discouraged I would picture myself five years later with $500,000 in business. I also made client development a habit and tried to do something no matter how small each and every day. There came a time about two years after I started, when it started raining with new clients and business.

Recently I read that two very important virtues are persistence and flexibility. The writer said: "Persistence beckons you with eternal hope, while flexibility enables you to get through the obstacles that stand between you and your dreams."

I love a quote from Calvin Coolidge:


    Nothing in the world can take the place of persistence.
    Talent will not;
    Genius will not;
    Education will not;
    Persistence and determination alone are omnipotent.


Woody Allen once said: "80% of success is just showing up." That means taking actions. Many lawyers have no plan for client development. Others have a plan, but do not take the actions necessary to be successful.

Flexibility means thinking about a variety of options to achieve a goal. It means being resourceful and changing tactics when appropriate while maintaining the values that are important to us.

Have you ever heard of the book: "Who Moved My Cheese" by Spencer Johnson? Cheese is the metaphor for what we want in life. The maze in the story represents how we spend our time looking for what we want. You will learn a great deal about persistence and flexibility in the book. Check the short summary of the book at: http://www.usatoday.com/life/books/fc/2001-07-27-who-moved-my-cheese.htm

Tomorrow I will share with you a couple of real life examples of persistence.

Presistence Part 1

I want to do three posts this week on persistence. I think it is such an important attribute that it is worth discussing three different ways.

When I was a teenager I first read Napoleon Hill's book. "Think and Grow Rich." The book is really about what it takes to be successful. The title comes from the fact it was published during the depression, so the focus is on making money as a measure of success. In the book, Napoleon Hill lists symptoms of a lack of persistence. Have you ever experienced any of these?

1. Failure to recognize and to clearly define exactly what one wants.

2. Procrastination, with or without cause. (Usually backed up with a formidable array of alibis and excuses).

3. Lack of interest in acquiring specialized knowledge.

4. Indecision, the habit of "passing the buck" on all occasions, instead of facing issues squarely. (Also backed by alibis).

5. The habit of relying upon alibis instead of creating definite plans for the solution of problems.

6. Self-satisfaction. There is little remedy for this affliction, and no hope for those who suffer from it.

7. Indifference, usually reflected in one's readiness to compromise on all occasions, rather than meet opposition and fight it.

8. The habit of blaming others for one's mistakes, and accepting unfavorable circumstances as being unavoidable.

9. WEAKNESS OF DESIRE, due to neglect in the choice of MOTIVES that impel action.

10. Willingness, even eagerness, to quit at the first sign of defeat. (Based upon one or more of the 6 basic fears).

11. Lack of ORGANIZED PLANS, placed in writing where they may be analyzed.

12. The habit of neglecting to move on ideas, or to grasp opportunity when it presents itself.

13. WISHING instead of WILLING.

14. The habit of compromising with POVERTY instead of aiming at riches. General absence of ambition to be, to do, and to own.

15. Searching for all the short-cuts to riches, trying to GET without GIVING a fair equivalent, usually reflected in the habit of gambling, endeavoring to drive "sharp" bargains.

16. FEAR OF CRITICISM, failure to create plans and to put them into action, because of what other people will think, do, or say. This enemy belongs at the head of the list, because it generally exists in one's subconscious mind, where its presence is not recognized.

Give Me Lawyers to Coach with a Burning Desire to Get Better

Suppose for a moment I asked for your reaction to the following: "Client Development has never been more difficult than it is today." I would likely be able to tell from your reaction whether you would be a good candidate for Client Development Coaching or the 50 Webinar Series I am doing. You might wonder why. Put simply, it might tell me if you have a fixed mindset: "Lawyers either have the ability to get business or do not have the ability to get business," or a learning mindset: "I can learn to get better at client development." Lawyers with a fixed mindset believe that effort is for those who are not talented. Their greatest fear is really trying hard to develop business and failing at it. As result, they will not make the effort to learn how to do client development and will give up if they do not have immediate success. Lawyers with a learning mindset will keep striving to learn more and get better even if they were fairly successful when they started the coaching program. When I told one of the lawyers I coach that client development has never been more difficult, her response was: "That's fantastic because very few lawyers will be willing to pay the price to really get good at it. I plan to be one of those lawyers who will pay the price."

Last fall I met with a law firm management committee about my client development coaching program. Near the end of the meeting, a senior partner asked me to describe the ideal candidate for my coaching program. I quickly replied: "Tiger Woods." He said: "Tiger Woods doesn't need a coach." I told the group: "Leave aside that Tiger Woods actually has a coach, I am referring to his desire to get better rather than his great talent." Tiger Woods takes charge of his career and constantly works at developing his skills. He also does not give up when things are not going well and he does not offer excuses when he does not win. The lawyers I have coached who have done the best take responsibility for their own success and have a burning desire to learn and get better at client development. Some of those lawyers are instinctively good at client development. Most of them find it challenging and work at it until they become more instinctively good at it. The lawyers who have not done as well are those who have a fixed mindset meaning they already believe they know all they need to know or they feel they can never learn to be as good at client development as others. Many of those lawyers are satisfied and content with their senior lawyer bringing in the business.

The importance of striving to get better was brought home to me a couple of years ago and again last week. First, a couple of years ago, Tiger Woods was interviewed by Ed Bradley on 60 Minutes. During the interview Bradley asked why when Tiger was the number one golfer in the world, he changed his swing. Tiger responded: "To get better." Bradley reminded Tiger that he was doing pretty well with the old swing. Tiger once again said he knew he could get better. Bradley then pointed out that Tiger changed his swing a second time and asked why. By now anyone could guess that Tiger answered once again "to get better." That segment of the interview ended with the dramatic shot on the 16th hole at the Masters. That is the shot Nike loves because the "swoosh" on the golf ball was visible for a full two seconds before the ball rolled in and CBS announcer Verne Lundquist exclaimed: "In your life have you ever seen anything like that."
On July 6, 2008 the New York Times published an article titled:" If You're Open to Growth, You Tend to Grow." The writer describes three decades of research done by Stanford psychologist, Carol Dweck on why some people reach their creative potential in business while equally talented others do not. Dweck believes it is how people think about intelligence and talent. Those who believe their own abilities can expand (get better) over time. They "really push, stretch, confront their own mistakes and learn from them." The writer concludes that, while talent is important, people with the growth mind-set tend to demonstrate the kind of perseverance and resilience required to convert life's setbacks into future successes.

I am reading Carol Dweck's book: "Mindset: The New Psychology of Success." Her studies are amazing. In the first chapter she refers to a study she did early in her career. She brought grade school children in one at a time and gave them a series of puzzles to solve, each one getting increasingly more difficult. She watched the reactions of the students and saw something she never expected. One ten year old boy when confronted with hard puzzles, rubbed his hands together, smacked his lips, and cried out: "I love a challenge." Others with growth mindsets had similar reactions. They did not see themselves as failing. They believed they were learning and getting smarter. Those young children with fixed mindsets believed they could not learn to do the tough puzzles and didn't try to do them.

So, give me lawyers to coach who like the idea that client development has never been more challenging and who have Tiger Woods' burning desire to get better. You may not think some of those lawyers need coaching, but I can assure you they will get the most out of it, because they will put the most into it. Even lawyers for whom client development is anything but natural get a lot out of the coaching if they have the learning mindset. After all, there is great energy around trying to get better.

Closing the Sale / Client Meetings

I have been conducting a workshop for lawyers I coach titled: "Beyond Selling." I actually recorded the workshop and may make a DVD of it, if enough lawyers are interested. If you are interested in watching and listening to it, contact Joyce at jflo@cordellparvin.com.

I call the program "Beyond Selling" because selling legal services is different than selling other products or even other professional services. Also, selling legal services in 2008 is different than it was 25 or 30 years ago when you just did good work, you got a Martindale AV rating, you were visible in your community and you waited for the phone to ring. In those days you could also get by on who you knew as well as what you knew. In this time who you know is less important than who knows you.

Matt is a real estate associate I am coaching in Dallas. He is a marketing machine, in part because he was a salesman before he went to law school. He also really appreciates how selling legal services differs. At my request, he drafted a short "how to" article on what to do at a client meeting/lunch to close a sale. I will briefly touch on his ideas here. If you would like a copy of his entire article, contact Joyce.

Matt begins with just one suggestion: "Ask questions of your prospects. There is no greater sound to any person than the sound of their own voice." Additionally, too many lawyers want to tell or sell, when they meet with prospective clients. Clients instead want you to ask them questions about their business and demonstrate to them through your questions that you know something about their field or industry.

In Matt's experience, most of his prospects like some small talk before business, even as small as asking: "Did you get here ok?" Matt suggests that even though this step may sound unimportant or a waste of time, he finds that it is key to establishing that you are not there just to get their business. He told me: "Treating people with this human element sets the right tone that you are more than their lawyer - you are a person concerned over their well being and on your way to being their trusted advisor in the future."

Matt refers to his approach with the marketing idea of "peeling back an onion." We peeled the first layer by talking to them person-to-person, rather than lawyer-to-client. It is now time to peel back the next layer, which is to take an overall, broad interest in their business, again rather than the specific reason for their visit. Matt does this by asking great questions: "Tell me about your development." "What type of development is this, again?" "Where is it?" "How large is it?" "Are there any other investors?" The questions, even at this broad level, are endless. Matt then listens intently-really listens.

I think you can see that Matt really understands how to do "Beyond Selling." I think you will find the way he approaches prospective client meetings effective for you also.

Don't Confuse Goals with Rewards

Dave is a Pennsylvania lawyer I have been coaching for about 15 months. He is great for me to coach because he has a burning desire to always get better. He frequently forwards to me his thoughts and ideas for my comments. He recently sent me this email that I thought explained many things I have been trying to teach. So, I wanted to share it with you and offer a way to implement the thought.

    I read something last night I thought you would like and appreciate. Before Stewart Cink's victory last week, his golf coach told him: "Don't confuse your goals with the reward." It means that the goal is not victory, that is the reward. The goals are based on a one shot at a time approach: take the right approach on each shot; make each shot count; visualize each shot; be consistent on each shot; use the right swing thoughts, etc. Applied to what we do, this means that the goal is not to have a $2M book or to have financial security. Those are the rewards. Our goals are the small steps we need to accomplish everyday in order to get the consistent $2M book. It's akin to a saying: Think big, but focus small.

    I hope you are well. And thanks for all your help.

Even though I have not thought about it quite this way, I have used this idea in my own planning and goal setting. Each year I set a goal for the amount of business I wanted to bring in. That is the reward that Stewart Cink's coach mentioned to him. It has always been important for me to have some kind of target like this. David Rock, who is an expert on goal setting says it is similar to an Olympic athlete wanting to win a gold medal. He says: "Imagine if the Olympics didn't have any medals involved, or worse if there was no way of measuring who had won any of the events. I expect the world record times would be a little lower than they are now."

So it is important to have a goal that would be the equivalent of an Olympic gold medal in your career. But, I did not stop there. After setting the goal, I made a list of all the activities I wanted to do that I hoped would lead me to my reward. I used my imagination and creativity to develop the list. Next, I set shorter-term goals (60-90 Days) based on the list. Finally, each week I write down what I want to accomplish that week and if I can I actually schedule my activities.

Voice of the Client

Yesterday we did a Webinar for the lawyers I am coaching titled: "Voice of the Client." The presenters were Charlie Miller, a transactional lawyer and deputy managing partner with Patton Boggs and Ronna Cross, a former practicing lawyer who is the Business Development Director with Patton Boggs. Charlie and Ronna are great friends of mine and I always feel like I learn something new from them when we are together. Yesterday was no exception. Here is a short summary of what they covered yesterday.

How to talk to existing or prospective clients?

1. Listening is much more effective than talking! Mouth Closed and Ears Open. The rule of thumb should be that you do 20% of the talking (and only when prompted) and 80% of the listening.

2. Your experience and expertise are not sustainable topics of conversation (or for that matter interesting).

3. The best topics for discussion are based on the strategic, operational and economic issues that your client's or prospect's team regularly discuss. This is where research and reading business publications pays off.

4. Here are the most common topics:

- Capital: funding for on-going operations, acquisitions & growth (this is particularly relevant given the current "credit crisis").
- Products/Services: the what, when, where and how of commerce (customers, vendors, markets, distributors, intermediaries, etc.).
- Competition: differentiation, positioning and good ol' gossip about them.
- Distribution: go-to-market-strategies and -schemes (direct, independent distributors, franchising, licensing, retail, wholesale and internet strategies).
- Talent: Recruitment, Training and Retention.
- External Relationships: "The intersection of business and government."

5. Current Business, Political and Sports Topics for filler or as a warm-up. But these are not sustainable subjects either. And Political topics can be dangerous. Keep your comments in the middle of the aisle.

6. Don't talk about specific transactions or adversary matters involving other clients. Clients and prospective clients will perceive that you are not a trusted confidante. In other words, if you are telling them inside or confidential information about other clients, they will assume you will tell other clients inside or confidential information about them.

Charlie told those on the webinar that he has a periodical reading list. It is specifically aimed at transactional lawyers but I think litigators would find it valuable also. If you are interested in getting a copy send Joyce an email jflo@cordellparvin.com

Want to Learn How to Sell? Pay Attention to How Others Sell You!

I have told this story about a financial advisor many times. It taught me what it feels like when someone is selling me.

Tom is a financial advisor I know here in Dallas. His wife and Nancy are friends and we have played golf as couples a few times. Tom is really, really a nice guy, but, in my view he has made many cardinal mistakes in trying to get my business.

A few years ago, Tom's assistant called me and said: "Mr. Smith would like to know if you would like to play golf with his group on Saturday." My first thought was: "If Mr. Smith really wanted me to join him, wouldn't he have called me himself?" I decided Mr. Smith was having his assistant call a "prospect" list.

Fast forward to 2007. I no longer work downtown. I discover my office is in the same building as Mr. Smith's and that he is most anxious for me to join him for lunch. I knew it would not be a social lunch between friends. Tom was looking for the opportunity to sell me his financial services. I immediately thought: "I can run, but now that we are in the same building, I can't hide forever."

Sure enough, in January of this year, Tom finally had me cornered. He and his son had joined Nancy and I during a round of golf. During the round he asked when I would next be in my office so I could join him for lunch. Knowing I could not say: "never," I told him I would in be in office on Tuesday.

I went downstairs Tuesday at noon for what I anticipated would be a sales lunch. Because I teach lawyers how to interact with potential clients, I thought that at the worst I would see an experienced sales professional in action.

The lunch was very nice. We sat in Tom's office where he had a flat screen TV tuned to a financial station and I thought that was very cool. I expected the small talk about golf and our spouses and waited to see how Tom would transition to business. Here is how he did it: "Let, me tell you about my company." He proceeded to give me a bit of a history lesson and talked about how the company is full service and can handle all my financial services. The one advantage of having Tom tell me all this is I could eat rapidly and just keep nodding my head.

Finally Tom popped the big question: "Cordell, would you like to be able to put away more for retirement that would not be taxed?" That is like asking if I would like to have someone give me a million dollars. Knowing Tom expected me to say: "Yes, tell me how." I, instead said: "Yes, and I have been talking that over with MY financial advisor." I put the emphasis on the word MY purposely to let him know I already had someone with whom I was happy. Not to be deterred, Tom spent the next 15 minutes telling me what I already knew about Defined Benefit Plans for small businesses.

When I got home, I told Nancy that even though I made clear I did not need a new financial advisor, I knew I would receive an email from Tom...the follow up. Sure enough I got this email:

Cordell, please let me know if you want any assistance in designing a qualified retirement plan for you---many times we can maximize the benefits for the principal and minimizing the same for other employees. Most principals want to obtain at least 80% of contributions so that the IRS tax savings pays for the other employees. I'm available to assist you..Tom

(As an aside, just suppose Joyce, my loyal and trusty assistant happened to see this email and concluded I was trying to minimize her benefits. Had I been Tom, I think I would have inquired about Joyce during our meeting.)

So, what can we learn about selling legal services from my experience? Send me an email or post a comment with your thoughts and I will send you my Top 10 Selling Mistakes. If you think about how you would feel from what I have written above, I believe you uncover many of the Top 10 Selling Mistakes.

In the Down Economy: Focus on the Basket

Over the last week, I read two interesting articles about the legal profession. A friend of mine sent me a link to an article in the April issue of the Philadelphia Magazine. The article: "The Last Days of the Philadelphia Lawyer" talked about changes going on in the legal profession. The second article dated April 30, 2008 was from The American Lawyer and was titled: "Lessons of the Am Law 100: Is the Golden Age Over?" These two articles focused on the not so subtle changes our profession is facing and will continue to face over the next several years. In fact, many pundits have predicted that the days of the 200-400 lawyer regional firm are numbered.

Consider these shifts in the size and composition of our profession over the last several years:

Merger mania. In 1997, in the heat of the bull market, just 11 law firm mergers were completed. In 2007, as the economy was deteriorating there were over 50 law firm mergers.

Increased revenues per firm. According to Altman Weil, in 2006, Average revenue per lawyer in the law firms surveyed was up 4.3% to $419,826 in 2005 seven firms produced more than $1 billion in gross revenue.

More lawyers. In 1951, there were approximately 200,000 lawyers in the United States, 1 for roughly every 700 people in the nation. Skip forward to 2007 and the profession had grown to about 1,143,358 licensed lawyers representing 1 lawyer for roughly every 200 persons. At this rate we are not far from the day that there will be a one-to-one relationship between licensed lawyers and American citizens.

Size of law firms. In 1960, there were only 38 law firms in the entire country with more than 50 lawyers. By 1985 there were more than 500 firms of that size or bigger. Today, a 50-lawyer firm is considered a small firm. In most cities a firm that size is a relatively recent start-up, a merger candidate or a highly specialized boutique. Today's largest law firms include thousands of lawyers. The average number of lawyers in the Am Law 100 is 781.

Increased Profit per Partner. Not too long ago, partners who claimed a $250,000-per-year share of profits, considered themselves well-off. But in today's high-end, highly competitive world of business law, this would be a dangerous level of performance for a firm of any substantial size. Consider the PPP of the nation's 100 largest law firms: In 2006, for the first time, a majority of America's 100 top-grossing firms had profits per equity partner of $1 million or more.

Litigation. Because large law firms are so focused on increasing profits per partner, they no longer want the kind of work that provided opportunities for young lawyers to go to court. I can remember when I started, a group of associates met at the courthouse frequently as each of us had small insurance subrogation cases, or court appointed criminal defense cases to litigate. Now, I know litigation associates who become partners in their firms without ever trying a case. Needless to say that can be disheartening for a young lawyer who aspires to try cases.

Law firms are becoming bigger and richer, and young lawyers are earning more than ever before, which seems more cause for cheer than concern. So why is our money-hungry profession in crisis, why are our clients dissatisfied with the quality of our legal services and why are so many young lawyers disillusioned with our profession?

Law firms are growing - and closing - at record rates in the new millennium, and our entire profession is being turned upside down. Many law firm leaders fail to recognize the need to change the main focus from profits and billable hours to clients and the development of the firm's young lawyers.

I am reminded of our 2004 Olympic basketball team - talented losers. Compare that team to the first U.S. "Dream Team" that included Michael Jordan and Larry Bird. Those players never let their exceptional skills substitute for adherence to the game's fundamentals. Jordan, who often seemed like a one-man, high-flying, point-making machine, never forgot his philosophy, "Talent wins games, but teamwork and intelligence wins championships." And Bird was a player so dedicated to fundamentals that he always showed up for a game hours before anyone else - so he could dribble the ball and detect any flaws on the court.
Both men - and their teammates - recognized the power of focusing on the basket, not the scoreboard. The 2004 U.S. Olympic basketball team included just as much talent, but took a third-place bronze medal because they were less focused than the Argentine and Italian teams on the basics of basketball.

Many law firm leaders who are focused on the scoreboard - The AM Law profits per partner - will ultimately lose in an economic downturn to those who understand the value of the fundamentals - training, motivating and retaining their best talent and providing exceptional service to their clients.

Career Development, Construction Law and Toothpaste

When I was the Construction Law Practice Group leader in my old firm, one of the associates was reviewing her career development plan with me. I could tell from what I read that she had not given a lot of thought to what she wanted to accomplish and where she wanted to focus. Like many associate development plans, it basically said "I'm going to be everything to everyone." It was then I shared with her why I recently looked to the toothpaste industry for career development direction.

When she picked her chin up off the floor, I explained.

Early in my career, I thought, "if I try all kinds of cases in all kinds of industries, I'll get all kinds of work." I decided I was going to become the best litigator in my home town. So I worked on everything from criminal cases to government contracts. This approach didn't work for me, and I'd imagine, probably doesn't work well for most others. I realized that trying to reach and connect within so many industries and to build relationships with so many people is time-consuming, expensive and for the most part, very challenging. When you try to market your services to everyone you usually end up marketing to no one. Less important to many, but very important to me, I ended up working within a lot of industries (mobile homes, coal mining) I just wasn't passionate about the work and I wasn't having a lot of fun).

I learned that when you focus your client development efforts within an industry, you build relationships much more easily and efficiently. You see the same people at your industry's annual convention. You write columns for industry magazines that these same people read. You speak at industry conferences, to the same people. By focusing on an industry and your specialization within it, it's easier to establish credibility and develop relationships. Also, when you have something to talk about of genuine interest to you and your potential clients, it's not just "work" anymore.

A few years ago, I sat next to a very interesting gentleman on a plane. He was the first to create a $6.00 tube of toothpaste. I don't remember the brand, but it was a huge success. He told me that today there are toothpastes for everything - toothpaste that stands up, toothpaste that the cap stays on, toothpaste with baking soda, toothpaste that will take care of your gums for life, smokers' toothpaste, whitening toothpaste, fresh breath toothpaste, toothpaste for attacking plaque, toothpaste for kids, even toothpaste for your dog. He also told me that drugstores loved it because instead of losing money or barely breaking even on cheaper toothpaste, his brand was a significant money maker because the margins were significantly greater. I wondered how he had come up with a toothpaste product for which a group of consumers would be willing to pay 3-4 times more than other products. He had narrowed his market, created a product that was remarkable and stood out from the 100s of other toothpaste brands.

Turning back to my discussion with my first year associate, I then said, "I'm going to pick a topic as an example, for the sake of discussion. But Jennifer, suppose, just suppose, that in this office building at 1445 Ross Avenue you were recognized as knowing more about design-build than any other lawyer in this building. Do you think people would come to you if they had a design-build issue? And then, suppose, just suppose, you knew more than any lawyer in the city of Dallas, and then the entire state of Texas? And then, just suppose over time you became known as the best construction design-build lawyer in the United States? You know Jennifer, in five years if design-build is still an important legal issue, you could be the leading "rainmaker" in our group with more work than you could possibly do in your entire career."

My traveling companion brought home to me that he understood the importance of reaching every person within an individual niche. By the way, after his toothpaste success, he developed a high end shaving product that is designed to give closer shaves with the new high tech razors. Law is no different than toothpaste and shaving products. Focus on an industry and get known in that industry as a specialist or the "go-to" person in the type of work you want to do. Be the best at what you do in a niche you for which you have a passion and for which there is a need.

To me, this is the easiest way to ultimately develop relationships. Needless to say when you develop relationships getting business is a by-product. And if you pick a niche you're truly interested in, it's a lot more fun too.

The Right People on the Bus

I am a fan of Jim Collins, the co-author of "Built to Last" and the author of "Good to Great." In "Good to Great," Collins said his research team expected to find that good-to-great leaders would begin with vision and strategy. Instead the researchers discovered the leaders "first got the right people on the bus, the wrong people off the bus, and the right people in the right seats--and then they figured out where to drive it."

I can tell you from my own experience that Collins is right and for law firms his principle is even more important for smaller law firms or practice groups in larger law firms. When my former partner and I started a law firm with one associate in the early 80s, we shared a vision, values and work ethic. By the time we were over 20 lawyers, we had many of the wrong people on the bus. We never achieved the vision my partner and I had in the beginning. As practice group leader of the construction law practice group at Jenkens & Gilchrist, I started with vision and strategy. My vision was to develop the preeminent construction law practice group in the United States. I developed a strategy to accomplish the vision. There was only one slight problem. Several members of my practice group had no interest in being a part of the preeminent construction law practice group in the United States. Those lawyers actually undermined the effort.

I think it is a big challenge for law firm leaders to get the right people on the bus and get rid of the wrong people. I have not met a law firm leader who wants his or her firm to actually decrease in size.

Since I began coaching lawyers on client development, I have discovered the importance of having the right people in the coaching program. In this instance the question is whether the lawyer is coachable. I have found I can really help those lawyers who are coachable and cannot motivate those who are not. Executive coaching firms have created a list of questions on coachability factors. I decided to prepare a list of coachability factors for lawyers. If you are interested in getting my list of factors, drop me a note.

Make 2008 Your Best Year Ever

In December, 2006, I posted my ideas on making 2007 your best year ever. I received a lot of feedback from lawyers who found that post helpful. Many of my thoughts have not changed. I want to share those and some new ones as we start the second month of 2008. Are you willing to go on a journey with me and see if it makes 2008 your best year ever?

Some lawyers I know have not given a lot of thought to what they want. Instead they focus on what they don't want and typically see those things in more detail. Some lawyers know what they want, and even have a fair idea of what to do to get it, but they do not have the commitment or the discipline to actually go after it. It reminds me of people who start diets and join workout facilities in January, and, even though they know better, they are back to their old eating habits and skipping exercise by March 1. Like last year, I have some questions and my Top 10 Tips. If you are interested, I want you to answer the following questions about yourself. You can email your answers to me if you would like my thoughts.

Here are my questions:

1.  What would be a homerun for you in your career and your personal life for 2008?

If you are challenged answering this, think about what you want to accomplish in your career this year, what you want to learn, what would be enriching relationships with family and friends and how you want to live your life.

2.  Picture in your mind, you in January 2013. What is happening in your career, your family and your personal life? Write down what you picture yourself doing then.

3.  What is the one thing you could do in 2008 that you have not done before, that would have the greatest impact on your career and your life? 

Several years ago, I decided that the one thing for me was to use my time more wisely. I also decided that I needed to plan my time each week and write down what I planned to do.

4.  If you know what you want, what is holding you back? Don't say your firm or other things over which you have no control. Instead, focus on what you can control.

In my case, I know I lack self discipline, and more than anything else, I waste time on things that don't lead me toward my professional or personal priorities.

5.  What are you willing to do to achieve what you have described is important to you?
I like the quote attributed to a wide variety of college football and basketball coaches. "Most people have the will to win, few have the will to prepare to win."

Here are my Top 10 Tips:

1. Write down what you want to accomplish in 2008.  Then prioritize your list of what you want to accomplish.
 
2. Prepare a Plan with written goals so you use your non-billable time wisely. I can provide you with two different templates to consider. 

3. Decide on one area to learn that will enable you to be a more effective lawyer in your field. One year I decided to focus on communication to juries. I bought every book I could find on the subject, listened to every tape and read every article. 

4. Get a group of your colleagues together to talk about the main points of leading business books that will make you more effective. If you send me an email, I would be happy to send you my list of books that will make the biggest difference in your career and life. More importantly than reading the books is actually implementing 2-3 things as a result of reading the books. 

5. Use your time more wisely and effectively. Time is our most valuable resource. Whether we care to admit it or not, our challenge is not that we do not have enough time. Instead, our challenge is that we do not use the time we have based on our priorities. Occasionally, I challenge myself to write down things I do - or things I should do that by not doing them - wastes my time.
 
6. Think of ways to apply the 80-20 rule. Let me give you examples so you can think about it. Twenty percent of the things we do create eighty percent of our success. What is that twenty percent for you? Eighty percent of a typical lawyers business comes from twenty percent of his or her clients. Which of your clients generate eighty percent of your business? 

7. Decide how much non-billable time you plan to spend developing your career and client base in 2008 and divide by 50. Each week give yourself a report card on whether you spent the number of planned hours and how well you spent it. 

8. Get more face time with clients and prospective clients. One of the lawyers I coach has discovered that each and every time he meets in-person with a client, he comes away with a new matter either right then or shortly thereafter. 

9. Develop your elevator speech. Send me an email that tells me all I need to know about you to recommend that a potential client hire you. Why am I suggesting this? First, if you do not know why a client should hire you, the clients clearly won't know either. Second, this will cause you to think about your elevator speech. How many times have you met people who ask what you do? Telling them you are a litigator, or a corporate lawyer or a tax lawyer may be absolutely accurate, but it will not likely get you very far.
 
10. Get a friend in your firm or outside your firm who will be like a success workout partner. Why do this? It is just one good way you can hold yourself accountable. When I had a workout partner, I was way more likely to show up at the fitness center even when I did not feel like it.

11. Make client development a habit. Do something each and every day, no matter how small. The lawyers in one firm I am coaching came up with a list of 33 potential small client development activities they could do each day. Can you come up with your own list?

12. Finally, and perhaps most importantly, spend more quality time with your family without feeling guilty. When you are with your family, be in the moment with them. Focus on them both externally and internally. Do not let your mind wonder. One of my first mentors was known as a hard worker. Yet he spent more time with his family than any of the partners in the firm. How did he do it? Put simply, he did not waste time on things that were not his priorities. You can spend more time with your family, if you spend your billable and non-billable time more efficiently and more effectively based on what is most important to you.

I am still really enjoying posting client development thoughts for the day on my Mac computer. Over the weekend I posted one about setting goals and what I have learned from Brian Tracy's books. Today I posted one about making your friends your clients and your clients your friends. I hope you will find these thoughts helpful. Go to http://web.mac.com/cordpar and check it out.

Take it to the Bank: A Primer on Poor Client Service

Sometimes the best way we can learn about client service is to actually be a client. In the last month my bank, which will remain nameless, taught me more than I could possibly imagine.

When I left my law firm at the beginning of 2005, I chose the bank that was on the first floor of my building because of the convenience. The bank is a well known, large, national bank. In January of last year I moved my office to another location. The branch in my old office building was no longer the closest branch. We made our deposits and other banking activities at a branch that was closer to my new office.

In December, I happened to be in the neighborhood of my old office and I needed to make a deposit, so I went to the branch in the old office building. While I was in line, Yvonne, a face I remembered came up to me and said hello to me by name. Since I did not remember her name and I had not set foot in that branch for a year, I was impressed. During her greeting I learned she was my small business banking executive. That was also interesting since I had not heard from her during 2007. I discovered that she was not even aware I had moved in January. I thought to myself: "My small business account manager is paying such close attention to my business that in the 11 months I had been gone, she had not learned I had moved from the branch manager, and had not been curious enough to even call me when she didn't see me, or my staff, in the bank."

The first week of the New Year I got a call from Yvonne. She wanted to come by and visit. She mentioned she wanted to talk about a change in my account. I thought she must be referring to the increase in deposits in my consulting firm account and the decrease in deposits in my law firm account. I assumed that would generate questions by her about what I was doing. I really did not think I needed to talk to her, but I agreed to meet with her

We set the appointment for 2:30 January, 9. That day at lunch I sponsored a webinar, so I ate lunch late and hurried back for my appointment. At 2:30 a young guy named Ramin showed up at my office. I figured he was Yvonne's assistant and that they traveled by separate cars. WRONG! To my surprise, Yvonne was not going to attend the meeting and she apparently did not have time to call me and let me know. Instead, to my surprise, I was meeting with Ramin, a young guy, who introduced himself as my small business account manager. Funny, I thought Yvonne was my small business account manager. I had never even met or heard of Ramin.

Instead of building rapport in any way or even asking me questions about my business, Ramin began by looking down at the papers in his hand and telling me a couple of things about my account. I had a savings account, a checking account and a line of credit for a certain amount. Duh, I think I knew all that.  Then Ramin told me he could convert my checking account to an interest bearing account, increase my line of credit by more than threefold and decrease the interest rate on the line of credit. When he finished, I began to laugh to myself. I was thinking: "Now I know why Yvonne did not show up. She couldn't  make magic with new opportunities like Ramin could." Knowing that was not the case, I asked: "Why is this the first time I am hearing about all these wonderful things the bank can do for me?" I also thought: "Ramin clearly had not done much homework because he clearly did not know I have no need to use the line of credit."

As I pondered these things, Ramin said: "You must be keeping the vast majority of your money in your personal account instead of your business account." I mentioned that at the end of the year I pay myself as much as I can so there is very little in the account.  It took me a couple of minutes before I realized that Ramin didn't know I have two businesses. It turned out that he had only pulled the records on my law firm account and had no clue what the banking activity had been in my consulting firm. By this time, I was laughing at how a large, large, well known bank could so badly screw up a meeting I did not even want. While laughing to myself, I was also getting mad that the large, large well known bank had so little regard for me as a customer.

I let Ramin know that I was unhappy that my small business account manager did not even know I had two businesses, or that I did not borrow money. I also let him know that I was disappointed that the bank had waited until his visit to tell me I could get paid interest in the business checking account.

Later I received an email from Ramin telling me I had two businesses, both of which had savings and checking accounts and that my law firm had a line of credit and my consulting firm did not. He suggested closing the line of credit in the law firm and getting one in the consulting firm for more than three times the amount I had in the law firm.

I replied telling him it was ok to do that. He replied giving me a list of information I would have to provide to get the line of credit for the consulting firm. Included in the list was my personal net worth and the amount of my housing payments.

I am reading "The Trusted Advisor" for the third time. Every lawyer who serves clients needs to read this book. The authors state: "Before you go into any meeting with a client (or prospective client), figure out the two or three things you want the client to absolutely believe about you by the end of the meeting." The authors suggest you can show them by doing homework about the company and asking questions that reveal you have done your homework. "Such questions give evidence that you are thorough, that you respect the client's time enough to be prepared, and that you are ready to get right to the issues."

My bank representatives didn't do their homework. I feel pretty certain that no lawyer would ever make the client service mistakes my bankers made. Frankly the bank would have been better off to make no contact with me. I do think there are legitimate client service topics to discuss. Here are some questions:


  1. What would you have done if you saw a client representative you had not seen in 11 months?

  2. What would you have done to prepare for the meeting with the client?

  3. How would you expect a client to react if you sent a junior member of your team the client had not met and you didn't even tell him you wouldn't be there?

  4. Just suppose this junior member of your team started the meeting by telling the client representative he is the client's new lawyer?

  5. Assume you went to the meeting, how would you start the meeting?

  6. At what point would you start telling the client how your firm could help the client?

  7. How would you end the meeting?

  8. How would you follow up?


If you want to compare your answers to these questions with mine, send me an email.

P.S. After I wrote this I got a call from Tony. He said he was with ...bank (my bank) and the ...branch (my old office branch). I immediately thought he was the branch manager calling to apologize. Instead, he thanked me for being a great customer and then told me he could "give me a deal" by extending my line of credit with a significant decrease in the interest rate. I asked Tony if he had by chance spoken to Yvonne or Ramin. Needless to say he had not.

I am still doing short client development thoughts on my Mac. I have been able to even include short videos. If you want to check it out go to http://web.mac.com/cordpar/Client_Development_Tips/Blog/Blog.html.

Mass Customization


A few years ago Barry J. Gibbons, the former Chairman and CEO of Burger King, spoke at our firm's partner retreat. He spoke to us on Saturday morning just after a speaker from Fidelity showed us at least 100 PowerPoint slides while explaining our 401K program. Gibbons used no PowerPoint slides, so the focus was on him rather than the screen. He also told vivid stories to make his points stick with the audience. He made them in a way that I could easily remember them. For example, the way he presented innovation was to say that he had always been fascinated by what happened when man for the very, very first time got milk from a cow. Gibbons asked: "Just what was that guy thinking? What kind of mind says to itself: 'I'm going over there to that beast, and I am gonna pull on those things, and drink what comes out.'" He said that kind of mind changes the world's diet. When I think of innovators, I think back to that description of an innovator.


After hearing Mr. Gibbons speak, I had to buy his books. I urge lawyers to buy his book: "If you want to make God really laugh, show him your business plan: The 101 Universal Laws of Business." I think you will find that Mr. Gibbons universal laws apply to law firms and lawyers, but many of us do not realize it.


One of his laws focuses on branding. He suggests that branding has moved away from supply-side (as lawyers what we do) thinking to a demand-led (as lawyers what our clients need) approach. Gibbons says we are moving from an era of mass marketing to an era of mass-customization. He describes this as "an era in which winning companies will know as much about their customers as they would if they were dating agencies." His views seem to be supported by what clients and potential clients look for in law firm web pages. Specifically, they are looking for experience and industry knowledge.


How much time are we lawyers spending on what we do compared to how much time we are spending on understanding our clients' individual and unique needs and figuring out how we can add value. Even clients in the same industry will be unique and have needs differing from other companies in the same industry.


I speak often about the "targeted differentiators." It is how we differentiate ourselves and our services in the eyes of our clients and potential clients. Just suppose one of your targeted differentiators was that you know each of your clients' industries, their unique and individual needs and you provide value based on those needs far better than any other lawyer or law firm. My guess is that you would have an incredible volume of business.

The Will to Prepare to Win

I recently received a copy of an email from a lawyer I am coaching to the others in her coaching group. She said:

I am not sure how many of you are reading Cordell's book, but I just read a great tip in there that I thought that I would share with you.  It is not one that I had heard before.

Determine who 5 leading lawyers are in your field.  Print out their biographies.  Study their biographies to determine what has made them successful (e.g. speaking engagements, leadership roles, pro bono, memberships).  Emulate their success.


A few years ago I read a quote attributed to Bobby Knight and also to Paul (Bear) Bryant. It was "Many have the will to win, but few have the will to prepare to win."  I believe  successful lawyers are not successful by accident. Most I know prepare to win by figuring out what is important to them, setting career and life priorities, developing a plan with goals and taking action to achieve them. I also know now that attracting new clients and building a lasting relationship with them is not an accident. The successful lawyers I know prepare to win with clients and potential clients by taking time to understand their needs and making sure they effectively address those needs.  In your career, "the will to prepare to win" will be way more important than the "will to win." So, I chose "Prepare to Win: A Lawyer's Guide to Rainmaking, Career Success and Life Fulfillment" as the title for my new book, which has recently been released.

This book is not about winning in court or on appeal. Instead, it is a workbook designed to help you define your own success and then achieve it. I hope you will find it a helpful tool as you focus on your career, client development, and living the kind of life that is important to you. I hope you find some valuable nuggets in the book that will help you think through what your career and life priorities are and how you can achieve them.

Here are the Chapter titles:

Chapter One:  How Do Rainmakers Do It?
 
Chapter Two:  Living and Practicing Law with a Purpose: You Have to Answer the "Why" Question

Chapter Three:  Your Vision of Success: How Do Rainmakers Do It?

Chapter Four:  Core Values: How Do You Want to Live?

Chapter Five:  The Importance of Role Models and Mentors

Chapter Six:  Setting Yearly Goals and Developing Your Career Plan

Chapter Seven:  A Call to Action: Executing Your Plan

Chapter Eight:  Mind Games: Getting and Staying "In the Zone"

Chapter Nine:  Building Your Profile: The Power of Writing and Speaking

Chapter Ten:  Community Service and Networking

Chapter Eleven:  Connecting with Contacts

Chapter Twelve:  Top Ten Client Development Mistakes

Chapter Thirteen:  Improving Client Service

Chapter Fourteen:  From Niches to Riches

Chapter Fifteen:  Important Extras: The Value of Extraordinary Client Service

Chapter Sixteen:  The Business Case for Better Balance

Chapter Seventeen:  Building the Next Generation of Rainmakers

If you want to read a sample from the book, click here. You can also order the book from the webpage.

Client Development Coaching for Junior Partners

Most lawyers my age never had coaching on client development when they were junior partners. So, naturally many ask why it is important for lawyers now. There are several reasons. First, developing business now is way more challenging than it was 25 years ago. When I was a junior partner we could develop business by just "doing good work," getting an AV Martindale rating and being active in the community. There were far fewer lawyers, almost all clients were local and loyal. Now, competition is greater, clients have been acquired and merged, client expectations have increased and the time available for business development has decreased. Second, many junior partners are in the transition stage of their career where they are moving from being solely service providers to being responsible for building client relationships and developing new business. For many young partners, client development is a mystery. As a result, to the extent there is any effort at all, it is unstructured, unfocused, and ultimately unsuccessful. They procrastinate, are undisciplined, have no plan, little focus, and ultimately little or no execution. Mentors within the firm can balance the current situation with both institutional firm knowledge and their own experience, but they do not have the time to focus on the business development of more junior partners. Coaching is designed to assist junior partners in their client development, providing both a benefit to themselves and to their firm. Like working with a fitness coach, participants learn what activities will provide the greatest benefit to them and then will have regularly scheduled sessions with the coach to report on activities and learn more. Any coaching program should include:


  • Developing a Business Plan

  • Determining both group and individual goals that will challenge and stretch them

  • Determining what activities to undertake to meet their goals

  • Learning how to write articles and give presentations that will enhance their reputation and increase their chances of getting hired

  • Developing a Focused Contacts Plan

  • Becoming more client focused

  • Being held accountable

How to Stand Out in Any Crowd

As you may know, I subscribe to a magazine "Selling Power." As you would expect, it is for salesmen and sales managers. Yet, each and every issue I find something of value to lawyers. It only costs $27.00 for one year (6 issues) and is well worth it. 

In the November/December issue the cover story is "How to Stand Out in Any Crowd." Seth Godin talks about marketing, change and work. I was fascinated by the article and plan to apply some of Godin's points myself. 

According to the article Seth Godin likes to give things away and has built his career on it. I have long advocated that lawyers find things of value to give away. Whenever I write an article, I am anxious to give it away. When Godin wrote his first book he offered a third of its contents online at no charge. He got 175,000 responses requesting the free third of the book. Most of the 175,000 who received the free third of the book clicked the link built into the page and bought it, making it a year long best seller. Guess what I am planning to do with the three books I have written. 

Later in the article, Godin talks about three kinds of people. I will put it in the context of clients: 

1. Clients who don't need the services you or your firm offer

2. Clients who need the services you or your firm offer, but are using another lawyer or firm. 

3. Clients who are ignoring you. 

Godin says you can't market directly to the second and third group. "Instead, have them come to you." How do you suppose you can get them to come to you? Godin suggests you have to create something "remarkable." Jennifer Keller did just that. She created the "Easy Guide" which is a compilation of labor and employment laws on laminated cards which an HR person can attach to his or her monitor. Jennifer has the clients in the second and third category coming to her. 

What remarkable thing can each of you create that will get clients in those groups coming to you? 

 

Your Firm Bio

Many lawyers do not realize the importance of their firm bio that appears on the firm webpage. That is certainly illustrated in the exchange of emails below between a practice group leader and an associate. 

Practice Group Leader: 

It appears that our system does not have a bio for you. If this is correct, please check into this and make arrangements for marketing to prepare one for you. 

Thanks. Practice Group Leader  

Associate: 

No, I don't have one. Please have marketing draft one up.  

Thanks. Associate  

Practice Group Leader:  

It would be helpful for you to contact marketing since I cannot provide the necessary information.  

Practice Group Leader  

Associate:  

I am swamped with billable work, so the bio will take a far rear backseat.  

Regards, Associate  

Practice Group Leader:  

I like to start the day with a little firm management and perhaps some humor if I can find it. I thought I would start early with this one since you seem to be a very busy young man. My email to you and a few others was sent as a courtesy in my role as Practice Group Leader of the XXX Group, a group to which you are administratively assigned. 

Your firm bio is one of the primary means by which others in the firm and outside the firm learn about your considerable talents and make decisions about referring work to you. It has proven to be very helpful to many of us

However, the decision to have one or not is yours and as they say: I have done all I need to because "I am not your mama". So if you find the need to have a bio, do it yourself

Have a great day. 

 

Rainmaking Workshops

I am conducting workshops in cities across the country and webinars on line on Rainmaking. I have developed a national practice, studied other successful lawyers and taught younger lawyers how to do it. In Rainmaking 101, I will begin by discussing what makes rainmakers different. 

What makes rainmakers different? Here are my thoughts: Rainmakers... 



  • Are optimists and believe in themselves 


  • Have a clear idea of what they want to do 


  • Are good lawyers always trying to get better 


  • Really care about their clients 


  • Are empathetic and understand their clients' needs 


  • Are likeable 


  • Are focused 


  • Set goals, develop a plan and use their non-billable time to invest in their future 


  • Are patient and don't give up 


  • Choose their clients wisely 


  • Are team players-Not all are, but those who build a team are 



If you want more information on the workshop locations and dates and the dates of the webinars, check out my website.