Everyone's familiar with the old adage that a a bird in hand is worth two in the bush. Yet no where is that advice more important, or less frequently heeded than in a service profession like law. All too often, lawyers direct their marketing budgets and personal energy at attracting a steady stream of prospects, yet scrimp when it comes to impressing existing clients.

Compare the effort that many lawyers devote to attracting prospects versus how they treat existing clients. The lawyer who once offered a free consult to a potential client now bills for every ten minute phone call now that the client is engaged. The lawyer who readily skipped lunch to meet with a prospect, now takes a week to return phone calls after she's been engaged. The lawyer who thought nothing of paying $100 for leads that could generate a $1500 matter now charges the client for postage and hands the client his documents in a cheap manilla folder because the lawyer is too cheap to pay a few more dollars to provide the client with a nicer looking packet that might really make a good impression.

It's not surprising that lawyers don't pay more attention to service. After all, most lawyers are results-oriented and figure that a client's experience doesn't matter so long as the lawyer attains a good result. In addition, in contrast to auto-service where customers return repeatedly for check-ups and other problems, most consumers of legal services - whether it's a criminal case or preparation of a will or a bankruptcy - rarely have a need to return to the lawyer once the case is closed. Thus, lawyers may figure that they won't get much return on investment in customer service since few clients some back.

Most of these assumptions are misplaced. Though competence counts more than cheeriness in handling a client matter, even so, most clients who are paying a significant sum of money for a service want to be treated well, as a matter of basic courtesy. In addition, while many clients don't necessarily bring in repeat business, those that do represent low-hanging fruit: as I showed in this slide deck, you'll spend 11 times more to bring in a new client than to generate business from existing clients.

Finally - and most importantly, even if satisfied clients don't have more business

So why is maintaining ties to clients so important? Several reasons. First, it's cheaper to get business from your present clients. As I noted in this previously posted slide deck, it costs a whopping eleven times more to bring a new client through the door than to mine existing clients for business. The statistic makes sense - we're all familiar with the enormous resources involved in getting your name out just so that a prospect can find you and thereafter, closing the deal. With existing clients, the expense of bringing them in is virtually eliminated, because they already know who you are. Moreover, having hired you once before, most of your past clients trust you - so the only hurdle left is convincing them of a need for additional legal service.

Of course, not all lawyers get (or want to get) repeat business. Many legal matters - such as bankruptcy, criminal law and family law involve one time situations rather than an ongoing relationship. Even there, however,

lawyers will reap rewards from treating clients well, because they'll go out of their way to refer clients, or at least, provide a favorable testimonial, which is also a valuable benefit. In fact, that's the whole strategy behind online shoe company Zappo's iconic customer service: the company recognizes that customers who are bowled over by Zappo's great service will recommend the company to others.

So what does it take to treat clients well? It's not rocket science. For starters, put yourself in your clients' shoes, and think about the experiences that thrill you and alternatively, those that tick you off. For example, no one likes to be nickel-and-dimed -- an experience now common when traveling by airplane; so don't charge clients for ten minute phones calls and postage.

Other ideas include offering special services to clients - perhaps a free or low cost annual review of a will or incorporation that you've already prepared. The ongoing service keeps clients from even thinking about using other firms. Further, if you happen to learn of a change in the client's circumstances while undertaking the review, the client might retain you to make the necessary corrections. You can also use new mobile tools, as described here to send coupons to a webinar or a free consultation to clients that they can use themselves or pass on to a friend. Free webinars are another extra that clients may appreciate.

But most of all, clients just want to be treated like human beings. Which means making it easy for clients to get in touch with you and leave a message. Or returning phone calls and emails when you promised to do so. Or just remembering basic courtesies like asking about your client's family or sending birthday cards.

To reference another adage, just as the grass is always greener on the other side of the fence, so too prospective clients may seem superior to existing ones - possibly richer or with more complex or interesting matters. But if you're always looking for business in another yard, you may neglect cultivating the clients right in front of you and in doing so, you may miss out on the many benefits that a loyal client base can bring to your firm.

A recent piece up at Marketing Profs suggests using slower summer months to write up case studies of successful projects.  In the hopes of using an actual law firm case study on using case studies as an example, I ran some searches to find a law firm website that includes case studies - and came up short.  So it occurred to me that before describing how to write a case study, I should describe what a case study is and why it's an effective marketing device.  After that, I'll discuss how to lawyers can write case studies that will attract clients, but at the same time, not reveal so much as to violate confidentiality rules.

What is a case study and why is it effective?

As defined in Wikipedia, a case study is an explanatory tool based on "an in-depth investigation of a single individual, group, or event" to highlight underlying issues."  The reason that case studies are effective is because through reference to facts and events, they show, rather than tell, how an attorney can assist.

How can a lawyer write a case study?

Even though there aren't many examples of lawyer case studies, fortunately, there's a fairly stock, multi-step formula for drafting a case study, as described at VAR Marketing.  First, select the matters that will serve as the focus of the case study and highlight your "best work and current business practices."  For example, if you're marketing your firm's responsiveness and ability to get the job done, you might want to focus on a client who retained you to resolve a dispute that had dragged out for years on another firm's docket.  If you want to show your willingness to take on risky or "long-shot" matters, write about a matter where you not only prevailed, but created new precedent.

If you're a new lawyer who hasn't had much experience, not to worry.  Though you can't lie or exaggerate about your involvement in a matter, you can describe your participation - even at a "low-man-on-the-totem-pole" level - in a high profile case that your firm handled.  You could also write about pro bono matters or cases that you handled through a clinic at law school.

Once you've selected a few exemplary cases, organize the content as follows, recommends VAR Marketing.  (I've modified the steps to make them applicable to lawyers):
  
    •    Client description
    •    Client Challenge
    •    Solution
    •    Results

How can I write about my clients -- what about confidentiality issues?

In contrast to some businesses, lawyers are bound by confidentiality requirements and for that reason, may not be able to discuss certain cases simply because the discussion might encroach on a client's privacy or breach attorney-client privilege.  If there's a case where you risk breaching confidentiality, you could consider getting a client's consent to discuss the details.  But in my view, you're probably better off focusing on a less sensitive case.  In addition, avoid identifying details and stick to discussion of information that resides in the public record - for example, the summary of the case from the court's opinion.

In describing the solutions and results, do so in a way that makes sense to a client.  Boasting about setting new precedent means nothing; a prospective client will want to understand why the particular precedent matters.  Likewise, you should describe the solution in layperson terms, rather than lawyer-ese.

Not convinced that the case study approach works?  Which of the following descriptions is more persuasive:

1.  Our firm's lawyers collectively have 50 years of appellate practice experience.  We have a winning record before the XYZ Court of Appeals.

2.  After our clients completed construction of their dream home, the County which had previously approved the plans,  claimed that the clients were in violation of zoning laws and directed them to move their entire house seven feet from the street curb.  Our clients challenged the County's ruling in court, and lost.  They came to our firm to handle the appeal after several firms advised them to accept a settlement which would partly compensate them for the costs of new construction but leave them without a place to live for at least a year.    Instead, we appealed and secured a reversal of the County's decision as well as an award of attorneys' fees, thus enabling our clients to remain in the house of their dreams.

As the examples show, a case study can make your work come alive for clients - which is another reason that case studies are so persuasive.  At the same time, they do require more time to draft than an ordinary practice description - so as I said at the outset, use summer downtime to make the case for your law firm by drafting a case study.

In Part I of this two-part series on webinars, I discussed why webinars are an effective marketing tool for lawyers and identified suitable topics for webinars and free and low cost platforms to support webinars.  In this Part, I'll go through the nuts and bolts of setting up a webinar from start to finish.

1.  Choose your weapon.  As I suggested in Part I, test drive a few of the webinar platforms to figure out which ones work for you.  The platforms vary in price and features but what's most important is that you (or your staff) feel comfortable with the interface.  (One of my personal favorites for features and ease of use is DimDim).  Once you've decided on and registered for a webinar service, you can start planning your first webinar. 

2.  Decide on a topic for your webinar.  For prospective clients, pick topics that are timely and don't usually receive adequate attention at other seminars.  Remember - because webinars are so inexpensive to host, you can keep the topics narrow.  You may attract a smaller number of participants, but chances are, they'll be much more interested in the event and more likely to retain you.  To select topics for existing clients, why not ask them what interests them?  Clients will feel flattered that you've sought out their input and will appreciate your continued responsiveness to their needs. 
 
3.  Pick a date.  Choose a date for the webinar anywhere from four to six weeks out.  A shorter time frame will cut down on your ability to promote the webinar.  

4.  Pick a time for the webinar.  The best times for a webinar will depend on your audience.  If your target audience includes a 9 to 5 working crowd, an evening or weekend will work best.  For a national audience, a time slot after noon is necessary to ensure that West Coast participants will be awake in time for the call.  Limit webinars to no more than ninety minutes and preferably, aim for 40 to 60 minutes of content with 15 minutes available for questions.

As for your own schedule, try to set the webinar on a day that you won't be in court or at other meetings.  Though a webinar is only an hour and can be conducted from your office, you're better off hosting it on a day with few distractions.

5.   Set Up Registration:  Once you've set a presentation date, it's time to start marketing your seminar.  Prepare a snappy announcement and post it on your blog, website or a separately created landing page.  You can use auto-responder programs like Aweber or Constant Contact for registration, or even something free like Google Forms.  
These programs will capture registrants names and emails so that you can send them the log in information for the webinar. 

6.  Start marketing.   After you've set up the registration, begin promoting your program.  Use social media applications like a Facebook fan page or Twitter.  Disseminate information about the webinar through your newsletter as well as any listservs in which you participate (if they allow promotions).  Reach out to bloggers who cover the topics that you'll be addressing in the webinar and ask whether they can get the word out to readers.  You might also consider advertising on Facebook.

If you're targeting a consumer audience, don't limit your promotions to the Internet.  Depending upon your audience, consider announcing your webinar in school or PTA newsletters, through leaflets or fliers at the local coffee shop, bookstore and library and perhaps even through an inexpensive ad in a small local publication.

7.  Prepare the Webinar.  Once the marketing for the webinar is underway, begin preparing your materials as soon as possible, for two reasons.  First, getting the prep out of the way early on means you'll have less to worry about when the webinar date approaches.  Second, you may decide to send an outline to participants in advance to provide more details about the topics you'll cover. 

8.  Send Out the Access Information.  Two days before the webinar, send out the access information to participants.  Some of the services - such as DimDim can transmit an invitation for you, or you can simply send an email yourself.   In addition to sending the numbers to call and/or codes to enter to access the webinar, you should also provide participants with an alternative way to get in touch with you (such as email) if for some reason, the webinar disconnects.

9.  Test Run.   It's always good to do a quick test run a day before you put on the program whether you've used the product or not. Sometimes, companies may change the features of a webinar platform and if you don't check it out in advance, you may find yourself fumbling on "game day."  Also test out your recording options and run a sound check.  If the sound comes across weak, you may need to plug a microphone into the computer.

10.  Webinar.  Giving a webinar can be tricky since unlike an in person event, you can't judge reactions.  So stop from time to time to ask participants to send in questions.  Err on the side of keeping the webinar short.  Many people budget a limited time frame - typically not more than an hour - for webinars, so try to keep your presentation short, while allowing time for questions.   

Definitely record the webinar, either using tools included in the platform or screen capture programs like Camtasia (for PCs) or Screenflow (for Macs).

11.  Post Production  Once the webinar ends, there's still plenty of work to do.  For starters, you should email participants with a short survey (also something that can be done with Google Forms) asking them to rate the program and for testimonials (be sure to ask for permission about using them in your marketing materials). 

Next, save a copy of the recording and arrange to have the audio transcribed.  That way you'll have both a visual summary of your talk (on CD or thumb drive) as well as written materials for those who don't care for video.  If you're pleased with the product, you might consider selling the recording bundled with the tape and a written transcript or making it available on your website.

CONCLUSION  Though all of these steps to put on a webinar seem complicated, they become much easier over time once you've mastered the learning curve.  In fact, you may become so adept at webinars, you might decide to hold a webinar for colleagues or clients on...what else?  How to put on a webinar!  

According to the 2009 Benchmark Report on Professional Services Marketing, seminars and webinars are some of the most effective tools for attracting new clients and retaining existing ones.  The Report found that professional services use in person seminars (66%) and webinars (45%) to identify service providers and make hiring decisions.  The results apply with equal force to legal services; at the  Marketing with a Book blog, Henry DeVries writes that:

In 1991 a random survey of the top 1,000 U.S. law firms found that 89 percent held at least one client seminar per year. In 1999, 94 percent of law firms were regularly holding seminars. Lawyers at the top 1,000 firms ranked seminars as the most effective tool for cross-selling and gaining new clients (Source: FGI Research, 1999).

I've already discussed at length the benefits and how-tos of speaking events.  But for all their effectiveness, seminars and speaking events aren't without their drawbacks.  For starters, if you have a national or multi-state practice, you may have to travel to the event on your own dime, and lose billable time while you're away from the office.  Local events are more convenient if you can find a group that's willing to host you.  But you may have to rent space and serve refreshments, which are an added cost that may outweigh the benefits if only a handful of people actually show up.

Though webinars can't replace face to face events, they are a cost-efficient way to supplement live activities.  With today's low cost, user-friendly technologies, even a solo lawyer on a tight budget can put on several webinars a year and perhaps even make a few extra dollars by bundling and reselling the content.  Below, I'll describe what a webinar is, suggest ways that a webinar can work for any practice and finally, give some practical tips on getting started.

THE WHAT, HOW AND WHY ABOUT WEBINARS:

1.  What is a webinar?

Basically, a webinar is what the term implies -- a seminar delivered over the web.  Webinars offer several advantages over their poorer relation, the conference call.  During a webinar, you can present power point slides from your computer that participants can view on their screen.  Many webinar products (I'll discuss them in more detail at the end of this post) allow you to use whiteboard and mark-up features, so that you can highlight parts of your presentation, or demonstrate a skill - perhaps how to fill in a form or improve a contract draft - in real time. 

Other webinar products offer additional features that set them apart from conference calls.  Some incorporate video, so that participants can see you while you deliver your presentation while others will tape the webinar so that you can post it on YouTube or distribute a copy on a CD or thumb drive.  Some products allow participants to submit written questions or comments during the presentation which can be viewed by all other participants through a side bar.  During conference calls, listeners are often intimidated from posing questions, either to avoid being recorded or because they're simply not comfortable doing so.   All of these features make webinars are far more impressive and interactive for potential or existing clients than a simple conference call.

2.  Are webinars better for existing or prospective clients?

Webinars work extremely well for both.  A webinar gives a prospective client a more personalized and impressive introduction to your services.  In addition, a webinar can educate prospective clients, making them realize a need for your services.

As for ongoing webinars, they're a great way to help existing clients keep up to date on developments in the law while showing them that you value their business.   And of course, like newsletters, webinars let you stay in touch with existing clients so that you'll be first to come to mind when they're asked for referrals.

3.  What kinds of topics and practice areas work best for webinars?  Can webinars work even for a consumer oriented practice?

The scope of potential webinar topics is limited only by your imagination.  Consider the following ideas:

• Corporate, tax or regulatory attorneys:  The law in these practice areas is constantly in flux and clients are subject to an array of compliance issues.  Webinars are ideal for providing updates on changes in the law or offering tips on compliance and ways to keep out of trouble.
• Small business lawyers:  In addition to the issues discussed above, small businesses face a variety of legal issues, from leasing, zoning and property issues to employment, trademarks and copyright.  Many times these businesses don't have in house counsel, and aren't able to determine whether they need a lawyer or not.  Educating business owners about the legal issues they may face can help them figure out when it's time to call a lawyer - and that lawyer could likely be you!
  
• Consumer and general practice lawyers:  Holding a webinar on broad consumer issues, such as the need for will or how to draft a lease may not attract much attention if only because so many lawyers offer these seminars already.  However, niche topics - such as estate planning for single parents or parents, tips on writing a contract to hire a nanny or the basics of special education law are more likely to generate interest because these audiences less frequently served by in person seminars.
  
• Unbundled providers:  Many lawyers are beginning to handle legal matters on an unbundled basis.  For example, a lawyer might draft documents for a business incorporation or will but the client would have the responsibility to file the documents with the Secretary's office or execute the will before a notary.   Though most lawyers provide written instructions to clients on how to perform these tasks, a webinar could also be used to supplement the information provided - and clients would have a chance to ask questions as well. 
  

4.    What kinds of materials should I prepare for a webinar?
Again, you have many options.  You can create a power point presentation that participants will be able to view when they log in to the webinar.  Or, as you become more adept delivering webinars online, you could show websites to clients as part of your presentation.  For example, many government websites contain information on rules or filings that may interest your clients, but they may not know how to navigate the site.  You could show them how during the webinar.

5.  What technology is required to put on a webinar?
There are a number of different free and low cost webinar packages available.  I recommend using those that are "cloud" based, i.e., accessible over the web rather than those that need to be downloaded onto your computer or participants' computers.  In this way, participants can log in easily without any advance preparation and further, you avoid any Mac/PC compatibility issues.

As for specific programs, consider the following low cost options:
 DimDim - free for up to 20 users and also supports video (so participants can see you on the screen) and recording capability.
Glance - $49 per month for up to 100 users who can call in free (or available as a one time day pass for $9.95).
Go To Webinar - $49 per month, but only allows up to 15 users; up to 100 will cost $99/per month. 
WebEx $49 per month for up to 25 users; also offered with per minute charge.
Huddle.net - Really a hybrid web conferencing/project management tool.  $40/month for up to 5 users, but not an apples-apples comparison because the Huddle system includes document storage and other team management tools.

All of these services offer free service either on small scale or a trial basis, so play around with them to figure out which ones you like best.  In Part II of this post, I'll go through the nuts and bolts of setting up a webinar.

You've heard of cold calls, right?  I posted some tips about cold calling almost a year ago, but they're still relevant if you missed them the first time around.

But these days, what's perhaps even more relevant than the cold call is the cold email.  After all, we interact so frequently online - through social media sites and listservs where we're more likely to have access to someone's email rather than their phone number.  In addition, it's a little less intimidating to make a first crack at contacting someone we don't know by email rather than phone.

So what are some reasons you might contact someone via a cold email? Here are a couple of scenarios.  Let's say that you're a family law attorney interested in generating more referrals from bankruptcy lawyers, since you've noticed that bankruptcy lawyers are already a good referral source.  You might run some searches on a site like LinkedIn to identify bankruptcy lawyers in your area who also attended the same college or law school.  Sending an invitation to "link" with them won't accomplish much if they don't know who you are.  But an email explaining the connection and suggesting a meeting or phone call could lead to a relationship that might generate referrals.

Or, maybe you've just started a blog on estate planning for young families that you believe might be interesting to financial planners or new parents.  Sure, you could compile a list of 50 planners or mom-oriented websites and send a canned announcement.  Or, you could customize an email that introduces you and your site and gives recipients reason to check it out.

As with cold calls, you should follow certain best practices for cold emails to ensure that they satisfy the three Es:  ethics, effectiveness and etiquette.  These practices are discussed below.

 1.  Ethics  Rules prohibiting client solicitation may apply to cold emails.  For example, if you come across a tweet on Twitter that "en route to hospital. Drunk driver hit me," emailing the victim and offering your services would violate solicitation rules.  To avoid running afoul of ethics rules (and, as discussed below, to avoid annoying people), you're best off limiting cold emails to lawyers and other service providers rather than prospective clients, potentially consumers.

2.  Effectiveness   A cold email is effective when it meets with a fairly quick reply rather than a delete button.  Tech start-up advisor Thomas Korte offered some great tips (and a template) for effective cold emails in a recent blog post.  Specifically, he advises that you include the following information:

•   a description of who you are and where you are located;
•  an explanation of your connection to the recipient.  Did you work at the same firm?  Attend the same school?  Or follow him on Twitter? 
  
• an explanation of the reason for the email.  Do you simply want to inform the recipient about an article that you wrote that might prove useful?  Or would you like to schedule a phone call to talk further or even an in person meeting?
• a link to your website and any relevant attachments that can help the recipient learn more about you.

Bear in mind that cold emails don't become effective once you hit "send."  If you don't get a response within a week, definitely send a follow up email.  Many times, emails are accidentally deleted or a recipient may set it aside to respond and simply forget.  Of course, if you send a follow up and still don't hear back, you can probably check that recipient off your list.

When you get a positive response, consider what steps you want to take next.  For instance, if the recipient agrees that meeting in person over a cup of coffee might be a good idea, then the ball returns to your court to set a date.  Do so promptly.

3.  Etiquette  Even if your cold emails are ethically compliant, that doesn't mean that they're not annoying.  Take care not to send impersonal, mass emails, emails rife with misspellings  or emails that make clear that you haven't taken twenty seconds to learn about the recipient.

So why not give cold emails a try?  If you follow these three Es, you'll realize how very Easy cold emails can be.

A search engine like Google or Microsoft's recently released competitor Bing are great tools for a global search of the entire web.  And that's great for those lawyers who have a dominant presence or a unique niche that appeals to clients nationally.  But where most search engines have a hard time is at a more granular level, i.e., in helping users find local businesses and services -- be they restaurants or nail salons or daycare centers or law firms -- right in their own backyard. 

For lawyers who target clients in surrounding communities, the search engine's "local" blind spot creates an enormous disadvantage.  Large "mill" law firms with regional or state-wide practices are able to dominate solos and small firms in search engines, pushing them down to the second or third page of rankings.  And while these larger operations may not have offices in close proximity to a prospective client, that client may choose the firm by default because a more convenient solo option never appeared in the search engine.  

As I've written previously, blogging can help close the search engine gap.  For example, lawyers can improve local SEO by choosing a domain name for a blog that is very location-specific, such as BlueHillTennesseeLawyer.com, or referencing the names of local communities within posts.  However, if you're not inclined to blog, Google just launched another tool which can help improve your visibility on the local level and, more importantly, generate data that can help you to better target local clients. (As a disclosure, my husband is a Google employee, but he does not work on any of the search tools and in fact, never mentioned this tool to me -- I learned about it independently online).

As described at Tech Crunch, Google is attempting to build up its Google Local application, which generates local search results and provides listings that pop up in Google Maps.  But in order for the tool to be effective, small businesses need to claim their listing profile.  As I've already discussed, listing a profile at Google Local can help improve your SEO in local markets.  In addition, Google Local also lets users include photos and create "coupons" (though you'd need to check with applicable bar rules to determine whether you can ethically offer discount coupons).

But as if that wasn't enough incentive to add your profile, now Google is offering this Small Business Dashboard which provides free data that can help businesses evaluate the effectiveness of their local marketing efforts.  The Dashboard provides statistics on how many times a business comes up in search results and which keywords generated those results, how many times people generate driving directions to the business on Google Maps, and, most importantly, where those people come from.

How can Google Local and the Dashboard help your marketing?  For starters, let's say that you continuously receive calls about bankruptcy matters, notwithstanding that you specialize in estates.  By checking the keywords by which users are finding you, you may discover a phrase on your website that attracts clients with bankruptcy problems.  You can use that information to tailor the text on your site to lure clients with matters in your specific practice areas.  Or, let's say that you learn that for some reason, many clients are coming to your firm from another part of the state -- perhaps as much as 40 miles away.  You could consider adding a virtual office component to your practice, or holding office hours once a month at a temporary office closer by as a convenience to these clients.

Through the Internet and powerful search engines, all of us have the ability to search and be found globally.  But for those lawyers who serve the surrounding communities, none of that matters unless clients can find them locally.  So why not act locally and set up a Google Local listing for your law firm?

A few months back, I posted on the importance of client newsletters as a marketing tool and offered some tips on how to create newsletters to make them appeal to existing and prospective clients.  Not surprisingly, many businesses recognize the benefits of e-newsletters -- so much so that Forrester Research predicts that email marketing campaigns will reach $2 billion by 2014, reports Lisa Barone at Small Business Trends. 

Barone believes that email marketing is one of the most effective low-cost ways for small businesses to inform and retain existing clients.  She writes: 

Email marketing is all about customer retention. It's about building stronger relationships with customers who already know you and decided that, yes, they want to keep hearing from you. They want to stay up to date on what you're doing, they want to hear about new products, they want to hear about hot deals, etc. The messages that land in their inbox help keep your company name in their top of mind and force them to constantly be thinking about you.

Barone offers some advice about email marketing campaigns.  Though I don't recommend that law firms bombard clients with promotional activities (and indeed, doing so might not even be ethical), many of the tips are readily transferable to e-newsletter campaigns.

In addition to the advice from my earlier post, Barone recommends that you develop content with your existing and prospective clients in mind.  For example, do your clients want educational articles to help with a specific task?  Are they interested in short case studies or quick updates on new legal developments?  Once you understand why clients have subscribed to your newsletter, you can generate content that suits their needs.  If you serve a diverse clientele -- for example, families who need estate planning and individuals with employment matters -- you may want to consider two separate newsletters.     

It's also important to "brand" your newsletter, using the logo or colors that are consistent with your website.  That way, the template will help reinforce your brand to clients.

One final, interesting point -- the day that you send emails matters.  According to Barone, emails sent Tuesday to Thursday receive the highest open and clickthrough rate.  By contrast, those sent on Monday are most likely to be lost, while those sent on Friday are most likely to be ignored.  If your schedule doesn't permit you to personally send newsletters on those days, then consider delegating e-newsletter prep to an assistant.

Most of us lawyers know that inside a courtroom, there's nothing quite as compelling as testimony, a personal narrative of events from witnesses with personal knowledge of the facts of the case.  So it's surprising, then, that few lawyers recognize the value of a related marketing concept -- the testimonial -- wherein a lawyer's clients or colleagues endorse or recommend a lawyer's service or qualifications based on personal impressions formed during their professional relationship.

Like testimony in court, testimonials are compelling because they're personalized.  In contrast to the cookie-cutter jargon that most lawyers include in brochures and websites about being compassionate or caring or responsive or aggressive advocates, the best testimonials convey those same concepts through examples drawn from an individual's personal experience.  In addition, testimonials frequently focus on points that matter to potential clients, but that a lawyer might not recognize as important.  For example, some testimonials I've seen compliment lawyers on their staff's friendliness -- a significant benefit for harried or stressed clients, but not necessarily a feature that most lawyers would think to highlight in their marketing materials. 

On the other hand, just like the witness whose testimony goes south in the courtroom, a poorly executed testimonial can do far more harm than good.  Testimonials from fellow lawyers that simply state "nice guy, great lawyer" aren't worth the bandwidth they require, while testimonials that are clearly reciprocal -- i.e., where one lawyer endorses a colleague and the colleague returns the favor without any useful information -- can damage a lawyer's credibility.  In addition, testimonials that aren't truthful or that violate client confidentiality rules can put lawyers in trouble with the bar.  In fact, as discussed below, lawyers should consult their respective bar rules prior to seeking testimonials from clients -- or even other lawyers -- because some bars do prohibit the practice.

Below are some how-tos for getting effective and compelling testimonials from clients and lawyers and using them in marketing materials.  But when it comes to testimonials, many lawyers find that giving is just as important as receiving -- and I'll also detail some ways to offer testimonials to colleagues and service providers to generate ancillary benefits for yourself.

A.  Getting Testimonials

1.  What Is Appropriate for a Testimonial?

Testimonials are appropriate for virtually any type of service that you provide.  If you are marketing a divorce or bankruptcy or criminal practice, then testimonials from clients on everything from their satisfaction with your work or your personality and demeanor are appropriate.  On the other hand, if you're trying to generate more referral-based work from other lawyers, then testimonials from lawyers who've worked with you and are familiar with your skills and reliability make the most sense.

But you're not limited to testimonials about your work.  If you write a great blog or produced an e-book, why not ask for endorsements from other readers?  A testimonial about your online materials can help them stand out from the avalanche of information available on the Internet.

2.  How Do I Use Testimonials?

You can incorporate testimonials into your marketing materials in a variety of ways.  For example, you can include testimonials in written brochures and at your website.  As noted, many online lawyer listing services like Avvo or LinkedIn allow users to post testimonials as well.  Finally, some lawyers choose not to publicize testimonials and make them available to prospects on request instead.

3.  Consult the Bar Rules

Before you go to the trouble of seeking testimonials, consult your respective bar's ethics rules.  The ABA maintains an online list of state bar rules on advertising, including those states that prohibit or restrict testimonials.  On the other hand, don't go overboard and assume that because restrictions apply that you can't obtain testimonials at all.  Some bars, for example, prohibit client testimonials but do not limit testimonials from colleagues and/or other lawyers.  Other bars maintain general proscriptions against testimonials that include information that cannot be verified (e.g., "Joe Jones was the best lawyer ever!").  However, this type of restriction would not prohibit testimonials with verifiable, factual information, such as, "Joe Jones timely filed all my pleadings" or "Jane Doe returned my phone calls".  And in fact, if you think about it, it's this kind of specific detail that makes testimonials far more compelling than one that consists of conclusory statements -- just as in a court room.

Bear in mind that bar rules on confidentiality may also prohibit you from disclosing the identity of clients.  Therefore, be sure to obtain appropriate authorization to use a client's name in connection with their testimonials.  Where a client declines to be identified, you may still post the testimonial but indicate that the client's name has been withheld to preserve confidentiality.  In no circumstances should you post a testimonial with a fake name -- that would undermine its credibility.   

4.  Gathering Testimonials

Continue reading "Marketing Through Testimonials: Giving and Receiving" »

These days, blogs and social media are all the rage for lawyer marketing -- and I plan to discuss the pros and cons of these 21st century marketing activities in future columns.  But for today, l'm going to step back and take a new look at a more traditional form of lawyer marketing: the client newsletter.

So with Web 2.0 tools like blogs or Facebook or Twitter available to keep your clients up-to-date on the law or your firm's accomplishments, why should lawyers resort to something as old-fashioned or static as a client newsletter?  Well, believe it or not, newsletters offer several advantages that these other tools don't.  First, newsletters give you a chance to connect with existing clients and retain contact with former clients.  Since most lawyers report that client referrals account for their largest source of business, keeping in touch with clients ensures that they'll keep you in mind when a family member or friend asks for a referral.  Second, newsletters are a great way to build a mailing list for prospective clients -- for instance, you can have them sign up to subscribe at your blog or website. 

Newsletters also offer more flexibility over content than blogs or Twitter.  Twitter confines users to 140 characters per update -- barely enough to link to a news article or post of interest.  Blogs also tend to focus on a single topic and don't allow for digressions.  But many lawyers use newsletters to convey a variety of information to readers -- from articles on legal issues to profiles of clients to jokes or recipes.  Another drawback of blogs is that readers expect frequent updates, which leaves little time for busy lawyer-bloggers to really digest the news.  By contrast, because newsletters go out bi-weekly, there's time to develop more substantive or analytical pieces.

If I've convinced you to take a new look at client newsletters, below are the top five questions and answers on the nuts and bolts of getting started and equally, if not more challenging, keeping a newsletter going:

1.  How do I set up a newsletter?  There are many options for creating professional-looking client newsletters for minimal cost.  Desktop publishing packages such as those included in Word or Word Perfect are one option if you're comfortable with the software or have staff who can do it for you.  If you decide to send out your newsletter in hard copy, these packages work best.  Alternatively, you can also outsource newsletter production and printing to a virtual assistant or online company (just type terms like "client newsletter" and "newsletter preparation" into Google or your favorite search engine).

If you prefer an e-mail newsletter, consider services like Aweber or Constant Contact, among others, to automate newsletter preparation.  These services, which cost anywhere from $15 to $100 each month provide professional, customizable templates for e-mail newsletters and auto-response features that allow clients to register for the newsletter at your website.  Both services are simple to use; you can set up templates yourself or outsource the work to a virtual assistant.  The other benefit of an e-newsletter (as opposed to print) is that you can include URLs to sites or online articles of interest that readers can simply click through to access.

Continue reading "A New Look At Newsletters for Lawyer Marketing" »

You know the old maxim, a picture is worth 1,000 words? These days, online video may well be worth 1,000 site visits.

According to a recent article from the International Herald Tribune, Internet users are increasingly turning to video-rich sites like YouTube to locate information rather than conventional, text-based search engines like Yahoo! or Google.  As a result, consumption of online video has soared, with 146 million Americans watching video online, twice as many as 20 months ago.  More importantly, searches on YouTube edged out those on Yahoo!, and the site now ranks as the number 2 search engine behind Google.  

These trends show that lawyers who rely on the Internet to market a practice should consider incorporating video into their online marketing strategy.  However, video carries with it plenty of other advantages besides SEO.  A video gives clients a peek at your demeanor and personality, and establishes that you're a real person.  At a time when recent scandals like the Madoff Ponzi scheme have shattered public confidence in professionals, video can help re-build trust. 

Still, despite the obvious benefits of video, for some lawyers who are just now creating an online presence, the thought of including video is likely overwhelming.  Other lawyers may feel discouraged, figuring that once again, the same deep-pocketed firms that dominate Yellow Pages and television advertising will have the resources to implement video marketing and once again gain an overwhelming advantage.

The good news is that even if you're on a limited budget, you can still experience the benefits of video.  Though a professional videographer may be outside your price range, you can generate a reasonably good quality video on a home video camera.  With good lighting and an external microphone, the sound and image quality will suffice.  Some lawyers, such as video guru Gerry Oginski, use Mac-based tools to edit their videos, though most PCs also support video editing applications.  If you need editing assistance, check out local colleges with media programs or websites like e-lance where you may be able to find economically priced editors.

So what should you say on your video?  That's entirely up to you.  Some lawyers use video as an opportunity to simply introduce themselves and their firm to site visitors.  Other lawyers try to make videos more educational -- for example, by offering explanations on how a case is filed or why a client might need legal representation.   Practice what you'll say a few times, but avoid teleprompters or notes.  Ultimately, aim for sounding as you would if you were meeting your viewers in person.  

Exploring online video sooner rather than later will give you a first-mover advantage and enable you to distinguish yourself from other lawyers, most of whom have not yet adopted video.  Why not get started now?