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.

It's been a while since I've done a marketing round-up post -- either updating older posts or throwing out a couple of links.  So let's get started, and see what's new in the world of legal marketing.

Generating Business From Conferences

A while back, I posted about how you can market your practice through speaking engagements.  Of course, speaking engagements at a conference can be hard to come by.  If that's the case, you can also extract value just from attending a conference - particularly if you read this piece, How to Use Conferences to Generate Business Opportunities by Lee Rosen which appears in the May 2010 issue of TechnoLawyer.  Rosen sets out a three-phased approach for conferences which includes: (1) pre-conference reconnaissance where you identify prospects you want to meet, as well as rehearsal on what you'll say; (2) working the conference, which involves getting around during the conference to meet attendees and (3) post-conference follow up.  (Incidentally, as the video at the end of this post shows, a whopping 80 percent of conference attendees fail to follow up on leads).

The Importance of Being Mobile

Over the past year, I've twice posted -- here and here about the increased importance of being mobile when it comes to marketing.  Well, mobility still matters more than ever.  As law firm marketing gury Larry Bodine reports at his Law Marketing Blog, smart phone ownership is up 38 percent, and lawyers need to start thinking about ways to deliver marketing and education-based contents through mobile media.  Along these same lines, a recent post at Marketing Profs notes that frequent users of social media (those who use social networking sites several times a day) have more than doubled to 39 million in 2010, up from 18 million a year earlier.  These frequent users are likely to be using mobile technologies, both to engage in social media and for other purposes.  In short, it's not premature to think about ways to make your web content and other marketing messages accessible for mobile platforms.

Marketing Tips from MyShingle

For those of you who don't read my blog at MyShingle, I occasionally post marketing ideas over there.  In the past month or so, I've posted on ways to market your practice on the government's dime and also created the short video below on Marketing by the Numbers for lawyers.

Marketing by the Numbers: A Thirteen Minute WhyTo on Marketing A Law Practice from Carolyn Elefant on Vimeo.

If you've come to this post expecting a checklist of criteria by which to evaluate your current marketing efforts or implement a new marketing initiative, then you've come to the wrong place.  Those kinds of checklists (especially a task list) are useful to be sure, because they make it easier to delegate marketing to a subordinate or assistant so that it doesn't go by the wayside when your schedule picks up.  But today, I'm addressing another category of checklist:  the kind that lawyers use, or at least should use, that outline the steps or procedures involved in handling the substance of a case.

If the "checklist" concept sounds familiar to you, it's because it's the focal point of Anul Gawande's book, The Checklist Manifesto: How to Get Things Right, which has been the subject of many-a-recent blog post.  I recently finished the book myself and was convinced by Gawande's thesis:  that the "humble" checklist can minimize error in carrying out complex tasks by helping with memory recall and setting out the minimum necessary steps in a process.  Moreover, by committing routine procedures to a hard and fast list, a checklist frees up professionals to devote more time to the kinds of judgment calls that they always have to make, whether there's a list in place or not.

Gawande draws on examples from medicine, engineering and aviation to demonstrate how checklists can minimize error.  In the medical profession for example, a study showed that by using a checklist for placing a central line (comprised of seemingly mundane tasks like wearing a mask or body-draping a patient), the  the ten-day infection rate was reduced from 11% to zero.  But you can probably imagine situations in your own practice where a checklist - such as the essential elements of a personal injury complaint to a list of documents required to file a bankruptcy petition - could also help avoid error and eliminate the risk of dismissal of a case.

OK.  So you're convinced of the importance of checklists.  But what's that got to do with marketing?  Plenty.  Consider these potential ways to use checklists to market your practice educate your clients and keep your firm at the forefront of their mind.  Here are some ideas:

1.  Create a task-oriented checklist of all of the steps involved in a particular type of proceeding -- for example, a typical divorce dispute.  Post the checklist on your website or blog, or publish it online as a mini-ebook.  The checklist will help clients understand all of the steps involved in even a so-called simple divorce.  As a result, the list can help weed out prospects who aren't really serious about divorce, but nevertheless, eat up your time at a free consultation.  And where a client does hire you, a task-oriented checklist helps clients know what to expect, and also familiarizes them with the amount of work that their case may potentially entail - which can help reduce complaints about excessive fees down the line.

2.   Create a client "to do checklist" - for example, a list of documents that clients should bring to the first meeting or gather together for a bankruptcy filing or preparation of an estate plan.  A client to do checklist will help you to market your practice because it makes clients' lives easier.  Going through a bankruptcy or preparing an estate plan is stressful enough for busy clients; it's even more stressful if they need to keep providing additional information because they forgot to write down a particular item that is required.  Clients will appreciate a checklist that they can work from and they'll appreciate it even more if you offer it on your website and in both paper and computerized format, so that they don't have to keep calling for another copy if they lose the list.  Satisfied clients will provide positive testimonials, which if accurate and sincere, are one of the most effective ways to attract new clients.

3.  Create a post-engagement checklist for clients to use after you've finished the matter for which you were retained.  Even after you've finished a case for a client, there are still matters for which they are responsible, or that may trigger further legal action.  For example, even after an incorporation is complete, the client retains responsibility for filing annual reports and other documents to keep the corporation in good standing.  Creating a checklist of these post-representation matters will help the client avoid problems down the line.  And if you put the checklist on your law firm letterhead (or if you're feeling particularly ambitious, create a branded mobile app for a client to download a checklist on his or her phone), clients can always get in touch with you for follow up questions or problems.

For other matters - like a bankruptcy discharge or a divorce and child custody agreement - you'll want to create a checklist to help clients determine whether they need further assistance.  For example, after a bankruptcy, clients shouldn't be getting calls from creditors whose debts were already discharged - and if they do, they should call you.  Likewise, for divorce matters, a lawyer might identify a list of events - such as loss of a job or an ex-spouse's remarriage or relocation - that may trigger the filing of modification petitions.

Checklists are an ideal marketing tool:  they educate clients and enable lawyers to serve them more effectively.  Checklists aren't as flashy as a T.V. commercial or even a fancy website, but they're inexpensive and most of all, something that lawyers should be creating for their practices anyway.  So when you get around to making a list of the tools that you want to use to market your practice, be sure to include the humble checklist.

These days, when I speak about practice issues to lawyers, I'm often asked to comment on trends for social media and legal marketing.  In my mind, the future points in the direction of increased mobility, and concomitantly, mobile marketing.  In fact, just a few months back, I posted about bullish projections for mobility (as well as tips on how to market on mobile media) and since then, it seems that mobile media is gaining even more momentum.

Consider these numbers.  According to ClickZ.com, Apple's App store revenues are expected to grow from $4.2 billion in 2009 to $29.5 billion in 2013, with mobile advertising predicted to increase to $914 million.  Meanwhile, Android, iPhone, and iPod touch users are averaging a whopping 79 to 80 minutes per day engaged with apps.  Moreover, demand for apps is on the rise, with companies turning to sites like Elance to hire new developers.  And with the recent ipad launch, app demand will likely increase even further.

So who's spending all that time on mobile phones?  As a noted previously, mobile media is more popular with some groups than others.  In addition, it's important to understand not just the demographics of usage, but the purpose for which certain categories of users employ mobile media.

Fortunately, there's some new research data available.  According to Drop Ship Access, women are more likely to purchase from a cell phone, which suggests that they might be receptive to buying legal services through a mobile platform.  On the other hand, men tend to use phones to comparison shop - which means, they'd likely spend time reviewing lawyers' websites and credentials on their phones.

The most surprising statistic to me related to seniors:  Seniors (82%) are much more likely than the traditional user (64%) to use their mobile phones to educate themselves.  With that in mind, lawyers who target senior clients might want to be sure to deliver education based materials, like blog content or produce articles that render quickly on mobile devices.

Bottom line:  it may be time for lawyers to start moving towards mobility when it comes to marketing.

If you've always wanted to create a video to market your law practice but were deterred by cost, you're in luck!  Courtesy of Google (as well as marketing guru Larry Bodine, who passed the tip along), you can put together a nifty "search stories video" for your practice that mimics the style of Google's inaugural Super Bowl Ad.  A couple of my colleagues have already taken the service out for a test drive, with outstanding results, depicted below (for my own attempt, visit here):

 

Victor Medina

Robert Kraft

Using Google's search stories video is just one part of the marketing lesson for this post.  Consider this second idea.  Look at how effectively Google is branding itself with these free videos.  Everyone who puts one together and posts it on a site effectively provides another little bit of free advertising to Google (not that they need it!).  Well, what if you could create some type of branded tool that visitors to your website or law firm clients might use and share with others.  For example, if you represent small businesses, you might create an online business plan - users could fill in a form and generate a business plan, with your firm logo displayed on the back page.  Or if you handle adoption cases or estate planning for families with young children, consider creating an online "annual report" for a child, where users could fill out an online form with their children's major accomplishments and generate an attractive mini-report that they could share with relatives.  You could even consider developing an app for a phone that's branded with your law firm that potential clients might use.

Most likely, you probably don't have the tech skills to develop this kind of a generator.  Not to worry.  Turns out that there's enormous demand on sites like Elance for app developers - and you could likely find someone who's relatively inexpensive.  If the costs still seem prohibitive, why not team up with a couple of lawyers in other jurisdictions and share the costs?

Of course, if you don't feel ambitious enough to commission your own online application, Google search stories videos are impressive enough. 

As the saying goes, a picture is worth one thousand words.  Nowhere is that statement more true than when it comes to logo design.  In fact, the term "logo" finds its roots in the Greek term, logos which literally defined means "word," but actually encompasses concepts like storytelling and analogy.  Which makes sense, because in some ways, a good logo succinctly encapsulates a company's story. 

If done right, a logo also draws attention, conveys memorability and reflects a business' personality.  Even if you believe, as Seth Godin does, that a great logo doesn't mean anything until the brand makes it worth something, if you do decide to create a logo for your firm (and opinions diverge on the need for logo, as discussed below), devote some thought to it or you'll be saddled with something hideous if you eventually hit it big.

So should a law firm have a logo? As with most topics related to marketing or branding, there are two schools of thought.

No Logo Needed 

Several years, Tom Kane of the Lawyer Marketing Blog (absolutely not to be confused with this one, as Tom's been around forever!) downplayed the importance of logos, arguing (somewhat like Seth Godin) that if your service isn't excellent, then a logo is worthless.  From Kane's post:

The point is, logos can be helpful if your product and service is excellent. Otherwise, it can truly give off negative vibes, and it would be better to not have a logo than to have one that generates immediate disdain. I like logos, but a logo is much less important than the impact of your legal services (both the legal product and the actual client service experience).

Dan Hull of What About Clients concurs, adding that a logo is really nothing more than your firm's look -- the patterns, letterhead and colors reproduced on stationary, business cards and the firm website.  Indeed, seems that a number of law firms subscribe to Hull's philosophy; even mega firms like this or this one which could readily afford a fancy logo, instead use simple typography that one might find on letter head in lieu of a logo.

Which raises a second point about logos:  great, professional design doesn't come cheap.  As I'll discuss, there are some low cost and even DIY options, some which are more preferable than others.  But if you can't afford more than a generic logo, you may be better off taking the approach that Hull suggests.

Tips for Logo Design

Let's say you want to take a chance on a logo - maybe you have a distinctive idea in your mind or perhaps you feel that it will make your firm stationary and business card look more prominent.  If that's the case, here are some tips for getting started:

1.  Identify what you like...and what you don't

Do you have a concept for a logo?  If not, there are plenty of resources to stimulate your imagination.  Steve Matthews of Stem Legal suggests SeekLogo.com, a tool that allows you to search a database of around 200,000 - though as Matthews points out, there are only 59 examples for law firms.  Even so, you may find inspiration from other industries. 

If you find that nothing resonates, you might find it useful to review examples of top logos, selected by others, such as this top 250 logo list or 20 great and 20 not so great logos.  It's also interesting to read a designer's explanation of what makes a good logo.  Logo Design Love offers a treasure trove of information on logo design, including samples and discussion of the design and redesign process (not surprisingly, Logo Design Love has a great logo!).

2.  Setting a budget

Once you've got a couple of logos in mind, you'll probably want to set a budget.  Great logo design costs money, which was something that I never fully appreciated until I actually explored the process.  Six Revisions rounds up a bunch of posts like this one that depict the steps in developing a logo, from idea to inception.  If you thought editing a brief or drafting a contract was time consuming, take a look at the design process: it's equally involved. 

3.  Design options for implementation

    a.  Professional designer or web company

With a budget in mind, it's time to find a way to implement it.  If you're able to spend several hundred dollars or more, you might decide to hire a professional designer.  Seek recommendations from colleagues, but don't stop there, as your colleague's tastes may differ.  In addition to references, you want to look at the designer's portfolio to get a sense of his or her style.  Where a designer is local, an in person visit is useful.  And for a designer who's in another location, a phone call is imperative.  You'll be working with this person intensively, albeit for a brief period, so it's best to get a sense of how you'll interact (a phone call also provides added reassurance that the designer isn't fly by night).

Another option for logo design is to commission the work as part of web or blog design.  Again, personal recommendations, followed by a review of the company's portfolio is important.  In addition, if you see a logo on a site designed by your web or blog developer, don't assume that the web company did the design.  Many times, customers hire a web company and provide their own logos that were prepared by another designer.  So if you choose to use your web company for logo company, ask explicitly about their design experience and whether the company actually designed some of the other logos at the site.

b.  Online options for more affordable design

If you can't afford a professional logo design now, not to worry.  There are plenty of mid-range options that you can locate through the Internet.  Results vary, but with some due diligence, you can may be able to find a satisfactory logo at a reasonable price.  On line options include:

1.  Craigslist and intern websites

Several designers offer logo creation services on Craigslist for fees ranging from $60 to $199. You probably won't get anything high end, but again, check the portfolio and see if the designer's work appeals to you.  Another option for low cost work include websites like UrbanInterns or College Helpers where you might find new grads or students looking to build a portfolio and thus, willing to work for less.

2.  Elance, Odesk and freelance sites

Instead of hiring someone for a flat or hourly fee, you can also bid out a logo project at sites like Elance.com or Odesk.com.  You can sign up and provide some details about your project, and set a cost cap and see what kinds of responses you generate.  Both sites include information about a designers' work history and feedback from other customers and provide an escrow type account to hold money in case there's a dispute later on.  As an alternative, you can search for designers by project (e.g., design or logo) and directly contact those who've done work that you like.

3.  Design Contests

Several sites, like 99 Designs or Cullego allow users to run a contest to select a logo.  Essentially, users offer a prize and a description of the project, and designers submit a proposal, with the winner collecting the prize money. While I've seen law firms use contest design sites, I don't recommend them.  Though characterized as crowdsourcing, in my opinion, logo contests are a way to get free work on spec, which isn't fair (would you work on spec?)  In addition, there are a host of other concerns about logo design contests, including the likelihood of attracting low quality or inferior design, winding up with potentially plagiarized work and the legality of contests.  (For another view of crowdsourcing design, see here.

4.  DIY Sites

Some online sites allow users to design a logo themselves, by mixing and matching stock images, fonts and colors in an online template.  Some of the online sites  like LogoYes offer decent variety and themes; you can design the logo free and then pay $69 to $99 to purchase it.  Logoease offers a similar concept but it's free, though its choices are more limited.

Conclusion

Though a professional logo can be fun to create and add some distinctiveness and pizazz to your website and business cards, ultimately, your logo won't carry much value unless you do the work to back it up.  Oddly, when it comes to something as visual as a logo, seems that substance trumps form.

So, how many lawyers use online professional networking and social media tools and which ones do they favor?  Interesting questions to be sure, but you're probably wondering why you should care.  After all, as a lawyer you're probably more interested in where and how potential clients are using social media rather than what your colleagues are doing with it. 

However, turning a blind eye to how your colleagues are using social media is a mistake.  Because social media isn't just a static tool -- like a newspaper ad or a website -- for direct generation of clients.  Engaging social media is also a process that enables lawyers to build meaningful relationships with colleagues, which in turn will produce referrals.

A just released study by Leader Networks shows why social media is critical to generating business in the legal profession.  Of the 1474 lawyers surveyed as part of the study (764 private practice lawyers and 710 corporate counsel), 56 percent identified peer referrals or recommendations as the most effective method for finding business, followed by in person networking events (33 percent) and conferences and seminars (15 percent).  Only three percent believed that blogging, listservs or other social media tools helped to generate business.

But here's the rub.  Despite recognizing the importance of networking with peers to generate referrals, most lawyers said that they simply don't have the time to leverage opportunities to network with peers.  And that's where social media can fill the gap.  Social media sites like Facebook, Twitter, the ABA's Legally Minded, Martindale Connected or Legal OnRamp, serve as a virtual water cooler, giving lawyers opportunities to exchange quick pleasantries, update colleagues on recent accomplishments ("speaking at national conference" or "just won SJ hearing") and share news of current events or developments in their respective practice areas.   As relationships evolve, you might find yourself consulting with a colleague on another matter or eventually passing on a case -- and vice versa. 

So not surprisingly, more lawyers are joining social networking sites.  According to the Leader Networks Study, 78 percent of lawyers polled reported membership in an online social network, up substantially from 59 percent in 2008.  And participation runs across all age groups, with 86 percent of lawyers aged 25-35 belonging to social networks, followed by 76 percent of those 36-45 and 66 percent of those in the 46-55+ category. 

Still, even though social networking can be less time consuming than traveling to a conference four hours away, it can easily become a time-sink unless lawyers are disciplined about participation.  So here are a few tips to engage social media tools efficiently so that you won't begrudge your participation if referrals don't come as quickly as you'd like.

1.  Choose your weapons

If this is your first foray into social media, you may want to proceed with some caution.  You are better off signing up for two sites and creating a robust presence rather than spreading yourself thin on eight or ten sites. 

However, with so many social media tools available, how can you pick the one that's right for you?  The decision depends largely on your intended targets.  If you're looking to build relationships with other lawyers, here's how various social media sites stack up according to the Leader Network report:

Linked-In - (used by 58% private counsel, 52% corporate counsel);

Martindale-Hubbell Connected, reading and commenting on blogs (42 % private counsel,
35 % corporate counsel);

Public social networks (Facebook, MySpace)  (37% private counsel, 25% corporate counsel);

Online Q&A and expert search services (e.g., WikiHow or Yahoo Answers) (13% private counsel, 19% corporate counsel);

Twitter (6% private counsel, 4% corporate counsel)

Other considerations in choosing a site include:

--Your personality.  If you tend to be shy or reserved, a site like Facebook, which is most interesting when colored by photos or light banter, may not be appropriate.  Instead, you may feel more comfortable at a more sites like Linked-In or Martindale Hubbell Connect, where the interactions are more focused on professional matters.

--Your schedule.  Some types of social media - such as blogging or regularly responding to online questions and answers may be too time consuming to fit into your schedule or to justify based on the resulting returns.  If you're busy, choose social media sites that don't require a large time investment.

--Your markets.  Are your competitors engaged in, or gaining stature at certain social media sites?  If so, you may want to dive in if only to keep an eye on them.  At the same time, don't avoid a social media site just because it's not populated with other lawyers from your practice area.  There's something to be said for gaining a first mover advantage.

2.  Recognize the process for building relationships

Because this post is focused primarily on use of social media as a way to build connections and generate referrals and business from other lawyers (as opposed to directly from clients), I'm going to assume that as your goal.  So how do you reach the point where you establish a relationship that encourages referrals?

In many ways, the stages of relationship building on social media parallel those in a traditional office environment.  For example, if you ever worked in an office, recall how you went about establishing relationships with colleagues.  During the first few weeks, you likely exchanged greetings and perhaps emailed each other about work related projects.  As you grew more comfortable, perhaps you went to lunch together or out for a cup of coffee and chatted about personal matters like your vacation plans or girlfriend or kids.  Finally, after more time, you may have gotten together outside of the office for a ball game or a tennis match.  Having established this level of camaraderie, you most likely tried to help your colleague professionally by referring him clients or making sure to sing his praises to management.

The same process takes place in the online world as well.  Initially, you may exchange greetings with a colleague whom you've "friended" on Facebook.  After a few weeks, you may comment on photos she's posted of family or offer some sympathy after she's posted about a bad day.  Finally, if you learn that your Facebook colleague will be visiting your city or speaking at a conference that you plan to attend, you might try to schedule an offline, in person meeting which will solidify the relationship.  Once you've grown comfortable with each other, your colleague will trust you enough to send contacts.  Plus, because you have a personal friendship, your colleague will make an effort to help you out, and vice versa.

3.  Don't dive in too quickly

You want social media relationships to evolve offline, but at the same time, you don't want to jump in too quickly.  Avoid friending 400 people whom you barely know all at once and then sharing 40 items with them daily.  Likewise, don't bombard Twitter with self-promotional posts or you'll just turn off followers.  You wouldn't like it if an office mate barged in to your conversation with a co-worker and began gabbing away, would you?  Turns out, social etiquette in social media isn't all that different.

4.  Set up a social media schedule

Some social media tools, particularly Facebook and Twitter can quickly become addictive.  If you spend too much time online, you won't get any work done - and worse, you'll create the impression that you're not very busy.  A realistic schedule might include (1) blocking off thirty minutes early  in the morning to log on to your social media accounts and return messages, send messages and tend to any updates and then (2) repeating the process sometime during the late afternoon or evening.   Or you might block out three to four 15 minute segments throughout the day to come online.  Of course, during really busy periods, you may not have any time for social media - so try to stick to the schedule when you can to establish a reasonably consistent presence.

5.  Do not outsource your social media! 

You don't need to read any further than my last post here to understand the dangers of outsourcing social media campaigns.

Conclusion:  Increasingly, lawyers are joining social media - but there's still time to get on board.   You just need to keep an open mind about the possibilities that social media holds to  build meaningful and lasting connections with colleagues that will provide both financial and personal rewards.

For more detailed information on how lawyers can use social media, take a look at my ebook on Social Media for Lawyers.  

Lawyers are supposed to be fearless, yet the thought of cold-calling for business is enough to send shivers of fear down most lawyers' spines.   Many lawyers believe that cold calls reek of desperation, while others reject them as undignified or unprofessional. 

But for all of the criticisms that cold calls receive, they're a hot way to market your law practice, if only because so few lawyers are willing to make them.  Moreover, cold calls offer an immediacy that even many social media sites can't replicate.  For example, let's say that you call a family law attorney to let him know that you're available for conflicts cases and unbundled matters.  The attorney may not have anything that fits the bill but may need someone to help out with overflow work on a contract basis.  Because of its interactive nature, a phone call allows you to explore these possibilities.  Cold calls are also inexpensive and efficient -- in the span of an hour, you can speak with five or six prospects.  By contrast, you'd probably need several more hours to draft a personal email to potential referral sources -- and there's no guarantee that the recipient would actually read it or respond.

Before you embark on cold calls, consult your bar rules.  Most bars prohibit phone calls soliciting business from consumer clients.  But these restrictions don't prevent you from contacting other lawyers or professionals to ask for business.  Likewise, if you represent more sophisticated clients, you can probably contact in-house counsel or an executive at the company to set up a meeting to discuss your services.

Once you've concluded that your cold calls pass muster under bar rules, below are some tips for getting started:

1.  Warm Up Your Cold Calls.  As a general rule, a warm call -- one where you can offer some plausible connection to the recipient -- works better than a random cold call, say, to another lawyer in the bar association.  Fortunately, with social networking tools like LinkedIn and online lawyer directories (including Nolo's Lawyer Directory), it's easy to find a connection to colleagues through their online profiles.  You may notice, for example, that another lawyer worked at the same firm where you once worked or attended the same law school.  All of these bits of information can help open the door. 

The other way to generate a warm call is to ask colleagues for people who you might contact about a matter.  Let's say that you want to let family law attorneys know about your estates practice so that you can help newly-divorced clients modify their estate plan.  If you have a friend who's mentioned a colleague who's a family lawyer, ask your friend if you can call and use his name. 

2.  Concoct a Reason for the Call. You're likely to get the best reception from a cold call if you can offer something of value instead of just asking for work.  When I started my law practice, I cold-called various professionals in my field, offering to send them a copy of a law review article that I'd just written.  Offering to send something made the calls less awkward and, in many cases, piqued my prospect's interest in learning more about my firm.  There are numerous excuses that you can give for making a call, from sharing information about a new blog to offering a checklist or ebook that might be useful to your prospects clients -- e.g., a consumer credit lawyer might give copies of a checklist on "Avoiding Foreclosure" to family law attorneys, whose clients might be on the brink of financial disaster following divorce.

3.  Get Organized.  Since cold calls can be uncomfortable, you're best off setting aside a chunk of time (mid-morning and after lunch work best) to make them in bulk, one right after the other.  Be sure to keep track of calls -- who you called and whether you need to call back at another time. 

4.  Write a script.  Cold calls can be awkward, so you'll want to jot down a script and practice it a couple of times.  Your script should include an introduction, your connection to the prospect -- and, most importantly, a question asking whether it's convenient to talk or if you should call back. 

5.  Think Positively.  If you're feeling desperate when making cold calls, prospects will hear it in your voice.  So think positively and smile across the phone lines. 

6.  Don't Quit.  Almost immediately, you'll get rejections or people who don't want to talk.  Just tough it out and try to finish.

7.  Try It At Least Once.  If you've never made a cold call, try it at least once.  There aren't any real financial costs associated with cold calls, so you have nothing to lose if they don't pan out.   Moreover, if you can muster up the guts to make a few cold calls, even a nasty opposing counsel won't seem quite as scary by comparison.

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" »

Virtually every guide on marketing a law firm recommends speaking engagements as an effective way to generate clients. Unfortunately, there's usually not much detail provided on how to secure a speaking engagement -- particularly if you're a newer or less experienced lawyer -- how to select an appropriate venue, how to choose a topic, or how to get the word out about your talk.  So that's the focus of this week's post: How to make the most of speaking engagements to market your practice.

Before I get to the how-tos of speaking engagements, I'll spend a little time discussing the marketing benefits of speaking engagements.  First and most importantly, speaking engagements give you a chance to personally interact with prospective clients without having them feel pressured to retain you, as they might at an initial consultation.  Personal interaction also lets clients can get a sense of your demeanor and personality, factors that are often relevant to their decisions.  Second, speaking engagements are efficient, because they give you a chance to make contact with multiple prospects all at once.  Third, speaking carries a public-spirited component -- it's a way to market and educate the public at the same time.  Fourth, speaking engagements give you an opportunity to reach out to existing clients and reconnect by inviting them to hear your presentation.  Finally, when you speak, many will perceive you as an expert and thus, speaking events can enhance your reputation and elevate your visibility within your markets.

So how can you find speaking opportunities and make them pay off?  Below are some tips.

1.   Identifying your target audience

Before organizing a speaking engagement, decide what types of clients you want to target.  If you're interested in representing high-worth estate clients, giving a talk at a CLE to other lawyers isn't likely to have much impact, since most lawyers aren't likely to refer lucrative cases to you.  Likewise, speaking at a public library in a lower-income area won't generate the leads that you're seeking either.  Consider the audience you want to attract, and pick your speaking venues accordingly.

2.  Finding a place to speak

Don't wait to be invited to speak, or you might find yourself waiting indefinitely.  Instead, take a proactive approach and identify opportunities.  Once you've decided which audience you want to target, do some research on where these groups congregate.  One colleague of mine handles legal research and writing on a contract basis, so she actively targets busy lawyers, focusing her speaking activities on bar associations.  Other attorneys who I know who handle IP or corporate matters send speaking proposals to trade associations. 

But formal, established groups aren't your only venue.  There are multiple, less casual groups  that share similar interests -- from high tech to women's or grandparents' issues to finance -- which often publicize their events in mothers' magazines, local papers, or online at Meet Up.  These groups are often desperate for speakers and would welcome an inquiry.

Finally, you don't have to limit yourself to any kind of group at all.  You could try to organize your own event that you could put on at a local coffee shop, bookstore, or library.  If you serve a remote or high tech audience, you could consider an online seminar or webinar.  The one disadvantage to sponsoring your own speaking engagement is that you'll have to spread the word on your own instead of relying on another group to advertise the event.

3.  Choosing a topic

Try to identify timely or provocative topics that will attract your prospects' attention and make them want to attend.  For example, instead of offering a talk entitled, "The Basics of Estate Planning," why not propose the topic "Estate Planning: Can You Do It Yourself -- Without a Lawyer?"  This title injects some controversy -- to use a lawyer or not -- and gives you a chance to educate an audience about the importance of a lawyer for certain estate planning matters.  Other timely topics -- at least right now -- include foreclosure, consumer credit, divorce and alternatives (since the economy is causing stress on marriages, but also making divorce too expensive), and trend talks about the new presidential administration (e.g., "How the Obama Administration's Employment (or immigration or antitrust) Initiatives Can Impact Your Business and How You Must Plan for Them").

Continue reading "Marketing Through Speaking Engagements" »

Free information on marketing a law practice abounds on the Internet. Just visiting the law marketing blogs listed in the sidebar here could provide you with several weeks' worth of material on marketing a practice. And if you tire of blogs and online materials, there's a wealth of marketing books for lawyers and non-lawyers (next week, I'll list some of my favorites).  Still, let's say that despite these free materials, you feel that you still need help to ramp up your marketing efforts.  Should you hire a marketing consultant or pay for a high end marketing package?  While I can't make the decision for you, below are several considerations that you should take into account in evaluating what types of marketing products and services to pay for.

Cost.  Marketing consultants can be costly, ranging in price from several hundred to several thousand dollars.  Some consultants also produce marketing packages or tool kits, or may offer ongoing group coaching or master mind sessions.

Most marketing consultants will tell you that it takes money to make money.  Even so, that doesn't mean that you should mortgage your house to pay for marketing services.  If you spend more than you can afford, you'll add additional stress to your marketing efforts.  So instead, keep cost in mind when choosing a consultant or marketing package.  See if a consultant offers a group rate so that you can share the costs with other attorneys.  In addition, ask whether a product or a service is available on a trial basis or comes with a money-back guarantee.  Many times, selecting an appropriate service or product is a matter of trial and error, so it's important to have a way to get your money back if you don't receive any value from a program. 

Which product or consultant should you use?  With so many marketing programs and consultants available (just do a Google search if you don't believe me!), how can you choose?  Consider the following questions:

• Is the consultant an attorney or former attorney?  My own personal preference is to choose a marketing consultant who is either a practicing attorney or who formerly practiced.  A close second is a consultant with considerable experience working with attorneys.  Why is working with a lawyer so important?  As many of us know, most bars heavily regulate lawyer advertising, imposing all sorts of rules ranging from the breed of dog that can be used on a law firm logo to  the legality of using client testimonials at a website to a lawyer's ability to join a business networking group.  To be sure, lawyer marketing consultants may not be familiar with ethics issues in all 50 states, but at a minimum, they'll be sensitive to them.  By contrast, a marketer with no background in the law or with lawyers could recommend a marketing campaign that revolves around an ethically prohibited practice.
• Does the marketer have experience in your specific practice area?  Some marketing concepts -- such as the importance of follow-through or using a diverse portfolio of marketing techniques -- apply across the board, no matter the practice area.  But the effectiveness of other marketing practices may depend on a given field.  For example, networking with moms at the PTA or local mothers' groups may be effective for a probate practice, but it's hardly an effective way to lure a securities client.  Try to discern what type of experience a potential marketer has in assisting people in your practice area or, at least, a similar practice area.
• What kinds of materials does the consultant or attorney make available as a trial?  Most marketers recognize that lawyers must feel comfortable with the marketer's style and approach to create a productive working relationship.  So these days, most marketers will make a reasonably substantial sample product -- such as a free tele-seminar or a recording or an e-book to download -- available at no cost.  Many marketers will also provide a free initial consultation.  This information can help you determine whether you would like to work with a particular marketer.
• How effective is the marketer at marketing his or her own services?  Is your marketer effective at promoting his or her own services?  Does he or she have a professional-looking and substance-packed website or blog?  Or is the marketer's site sloppy, full of misspellings and lacking in any substance?  Point is, if marketers can't market themselves, how can they market you?
• Can you contact personal references?  Will a consultant give you access to previous clients?  A personal reference from a former client will give an objective third-party evaluation of the marketer's skills. 

Avoiding red flags.  Sadly, there are all too many opportunistic gurus who see an opportunity to prey on desperate attorneys who are struggling in hard times.  Here are a few red flags to avoid:

Continue reading "Should You Hire A Marketing Expert?" »

Without a doubt, social networking was the hottest new trend in marketing in 2008, and is destined to gain even more traction in 2009.  I'll be posting more about social networking at this blog, though if you can't wait, you're welcome to download my free ebook, Social Networking for Lawyers. 

However, as powerful as social networking may be, lawyers shouldn't neglect the listserv as a valuable tool for marketing.  For a variety of reasons, some lawyers have not made the transition to social networking, nor do they have any intention of doing so. Yet, these lawyers may be a source of referrals, or may need to collaborate with another lawyer or outsource a project.  By ignoring listservs, you miss out on a potential source of work.

In many ways, listservs are a precursor to social networking tools.  Listservs are essentially a mailing list dedicated to a particular topic where users can post messages and receive responses via email.  Listservs enable users to ask each other questions, exchange information, and engage in conversations on a variety of topics.  Over time, many listservs may morph from pure business to include personal discussion as well, thus creating the same sense of community as social networking sites like Facebook or Twitter.

Solosez is perhaps one of the best known listservs for solo and small firm lawyers.  Now a decade old, Solosez boasts more than 3,000 members, making it -- as some refer to it -- the nation's largest virtual law firm.  These days, most state bar sections have listservs, as do specialty bar associations dedicated to practice area specialties like litigation, estate planning, or bankruptcy.

Some lawyers prefer the convenience of a listserv, since messages flow directly into their inbox instead of requiring them to log on to a site.  On the other hand, some lawyers avoid listservs, particularly high volume ones like Solosez, because the thought of 150 daily emails flooding their inbox is overwhelming -- though the email problem is easily cured if you manage your participation properly. 

 Below are a few tips for maximizing the marketing value of a listserv in your practice.

1.  Choose your lists wisely

Just because listservs are a useful marketing tool doesn't mean that you need to go overboard.  Limit yourself to two or three lists, with at least one of them being a low volume list.  If you spread yourself too thin, you'll either find yourself reading emails all day long or you won't have time to participate meaningfully in any of the lists.

Continue reading "Don't Leave the Listserv Off Your List When it Comes to Marketing" »