In Part I of this series, I considered whether lawyers should advertise on Facebook?  Though Facebook's traffic numbers recently surpassed Google, making Facebook the most heavily trafficked site on the web, most of the commentary that I found related to Facebook ads suggested that they were rather ineffective.  In addition, I expressed concern that Facebook users, who are interested in socializing and escaping the stresses of daily life, might be put off  by lawyer ads which might come across as an undue intrusion into their personal life.  I concluded that if lawyers wanted to experiment with social media, they might do so by offering a class or an ebook on a lighter topic (e.g., copyrighting a blog rather than personal injury), but not by directing links to a law firm website.  Still, they shouldn't expect great results. [but see the update at the end of this post]

As it happens, I've experimented with Facebook myself for a similar reason:  to promote a program on Hanging a Part Time Shingle with my colleague, Julie Tower Pierce.  In this post, I'll share the my thought process in creating the ad and the results of the campaign.

1.  Background:

  The part time shingle program is geared towards lawyers interested in starting a part time law practice.  Julie and I identified three demographics:
 

• Lawyers with children who are currently home raising them, thinking about leaving a full time job to spend more time with family or who'd left the work force to raise a family and now seek gradual re-entry.  Though increasingly, it is common for men to work part time, we believed that even in the 21st century, women would continue to dominate this category. 
  
• Lawyers interested in starting a firm but who could not afford to leave a "day job" or give up contract work.  While this category encompasses almost any lawyer, we assumed that younger lawyers and new graduates with large loans fit within this group.
• Lawyers seeking to retire or who have retired but want to keep a foot in the law either for personal interests.

2.  Set Up: Choosing A Demographic

As I described in Part I, Facebook allows users to specify the demographics of their target groups.  After you select a particular demographic, Facebook will tell you how many users fall within that group and will recommend a price per click (CPC).   

Once you've selected a demographic and specified a CPC (and daily or total ad budget), Facebook will determine when to run your ad based on the following guidelines:  

 For any given ad unit, we select the best ad to run based on the ad's bid (CPC or CPM) and ad performance. Your ad's ability to win the auction will change based on its past performance and as the pool of available ads changes.

If you are not receiving as many clicks or impressions as you would like, we recommend increasing your maximum bid. You should also take a look at your ad's targeting to make sure you're reaching the most appropriate audience. Your ad is more likely to run successfully if you're targeting a highly relevant group of users with Facebook's detailed targeting options.

[Source:  Facebook website]

Based on this information, I chose to target users who are college graduates and over the age of 50 (to capture re-entry candidates as well as retired lawyers); college graduates over the age of 28 (to capture those with day jobs) and married female college graduates between the ages of 29 and 33 (to capture mom lawyers home with children).  I restricted the last group to a narrow demographic because the recommended CPC for all women users was more than I wanted to pay.

The results of my ad campaign, which lasted for approximately six days, are shown below, with the results ordered as just described (all college grads over the age of 28, college grads over 50 and women between 29 and 33):
 For the first two categories (28 and older; 50 and older), I used Facebook's recommended CPC.  That wasn't very effective for the 28 and older category, as it resulted in 33,037 impressions.  I had better luck with the 50 and older crowd, where I scored 203,151 impressions by paying the recommended CPC, presumably because the 50 and older demographic on Facebook is smaller and not as frequently targeted by advertisers.  For the 29-33 married female category, I exceeded the recommended CPC by .25 because I knew that I'd be facing still competition.  My decision paid off in that it yielded 148,908 impressions.

Of course, the more important metric than impressions is the click through rate - since that's the first step to converting to a sale.  As predicted, click through rates were not impressive  - just five from the 28 and older group, 58 from the 50 and older and 40 from the women ages 29 to 33.  On the plus side, I didn't pay much for the click throughs - an average of 68 cents.

Did any of those click throughs result in a sale?  The program cost $25, so three sales would have given me a positive ROI.  Unfortunately, I didn't track sales origination closely so I don't have that data.  But my guess, based on the pattern and timing of program registrations, is that all of the registrants learned about the program from list serves, blogs or Twitter rather than through Facebook ads.

My results don't tell the whole story because of other variables.  I ran the Facebook ads just a week before the program which was a live call - so it's possible that those who clicked through and were interested had scheduling conflicts.  In addition, since I'm not a professional marketer, my ads (I used different ones for each group) may have simply been ineffective.

Given the low cost, I might experiment with Facebook again for a similar type of program.  I'd try to narrow my demographic groups further and also provide more lead time before an event.  However, I don't really see Facebook as a valuable promotional tool just yet. 

Finally, I would not use Facebook to market my law practice -- I don't market to consumers and even if I did, I strongly favor educational based marketing over pure advertising. Plus, I think that lawyer ads on Facebook are intrusive.  Nevertheless, if the results of my efforts to market the Part Time Shingle program on Facebook are any indication, I don't think that lawyers who avoid Facebook ads to market their law firms are missing out on much.  At least right now.

Update #1 (3/17/10)  I've received several reactions to my posts.  Two providers who serve attorneys (a legal marketing professional and a CLE company) have used Facebook for ads, with far better success.  The CLE company reported 200,000 hits, 1300 click throughs for $25, while the marketing professional has generated several serious leads through Facebook and  found two clients, for well under $100  $300 per month (correction as of 3/20/2010).  I already pointed out why my campaign may have been less successful - it ran only a week and my ad copy may not have been compelling.  Though my experience was more aligned with those of others (discussed here who have used Facebook ads), apparently there are those who are experiencing success and it's important to portray both sides so that you can make an informed decision.

As for posting lawyer ads on Facebook (rather than an ad for an ebook or webinar), that's a matter of taste.  Personally, I am tired of lawyer ads littering every site that I frequent online. But that's just me -- and if you don't take issue with that approach, then Facebook advertising may be something worth considering. 

Why are you marketing your law firm? 

Maybe that sounds that a stupid question.  After all, isn't marketing all about making money? 

Not necessarily.  True, in some instances, a law firm may initiate a marketing campaign that's designed to attract more clients.  For example, marketing techniques like special discounts on estate planning or incorporating a small businesses or free consultations in a market where they're not traditionally offered are largely intended to bring more client matters through the door to generate more revenue. 

Trouble is, if your primary goal isn't short term cash infusion, then discounts or free consults or doing whatever your competitors are doing won't help - and in fact, may actually hurt your practice.  Let's take the hypothetical case of Louis, a busy immigration lawyer.   Due to a couple of contacts in his country of origin, Louis has dozens of clients beating down his door.  He's so busy he can barely keep pace.  And yet, neither can he afford to hire an associate to share the workload.  That's because to date, Louis' business model has consisted of charging less than other lawyers but making it up in volume.  For Louis, additional discounts would exacerbate his stress rather than improve his practice. 

Louis' immediate goal isn't necessarily making more money.  Instead, he needs to be more concerned with keeping his income at the same level by cutting down on the number of clients.  To do that, he needs to implement marketing techniques that will help him improve the quality of his client base.  How to do that?  Education based marketing initiatives like ebooks or blogging might be one place to start.  Clients who take the time to learn about the immigration process are often better educated and therefore, potentially higher earners.  In addition, by using educational tools to explain the complexity of the immigration process and the need for expertise, clients will come to appreciate the value of the service provided and may be willing to pay more.  Another way to find better quality clients is through use of testimonials.  A former client's recommendation is powerful and lets potential clients know that you have the ability to assist them effectively - which also enhances your value to them. 

In other cases, a lawyer's primary goal in marketing may be to expand or diversify a practice.  Here again, discounts and free consults aren't the most effective way to go.  Instead, stepping up networking events with other lawyers would help more because they give you a way to get the word out about your new practice area.  Likewise, speaking engagements on your new practice area are a way to introduce yourself to new audiences who may need your services.

Ultimately, better quality clients or an expanded practice will yield more money in the long term.  But if quality of life or diversity are your short term goals with money being an added reward, then discounting services or running expensive television or newspaper ads aren't necessarily going to bring you closer to those goals.

Are ethics rules keeping lawyers offline?

Perusing the summary results of the ABA 2008 Technology Survey, I noticed a tremendous disconnect between lawyers' use of the Internet as a source of information as compared to their use of online tools for marketing.  According to the survey, 79 percent of lawyers receive information through news websites, while 59 percent subscribe to email newsletters.  By contrast, substantially fewer lawyers blog (just two percent) or participate in social networks (15 percent).  In fact, barely more than half of solo and small firms -- just 52 percent -- even have a website.

On one level, the disparity between lawyers' use of the Internet as a source for news on the one hand and for marketing and online relationship-building on the other might be attributed to lawyers' lack of time.  After all, blogging or actively engaging social networking consumes more time than scanning a few newspapers online.  But increasingly, I'm convinced that fear of sanction for marketing conduct deters lawyers from truly exploiting the potential of online marketing.

In addition to the statistics that I've just discussed, several anecdotes corroborate my theory.  In a recent listserv discussion, several colleagues shared that they would not use Twitter because of concerns that their participation could inadvertently breach client confidences or expose them to a potential grievance or malpractice liability (for example, an offhand tweet reading, "The judge was really a jerk" might lead a client to complain that the lawyer should have filed a motion to recuse the judge).  And in response to my post on blogging from several weeks back, a few readers expressed the concern that they might face a grievance under their state bar rules, or possibly even criminal liability, for blogging.

The spate of well-publicized lawsuits against commercial companies involved in lawyer marketing further fuels lawyers' fears.  For example, earlier this year, a lawyer filed ethics complaints in 47 jurisdictions against Total Attorneys, arguing that the company's performance-based online marketing lead generation system was tantamount to an imperssible for-fee referral service.  Likewise, Avvo and Superlawyers, two companies that rate and list lawyers and allow lawyers to post the resulting ratings at their website were the subject of lawsuits or ethics complaints, charging that these ratings systems are misleading to consumers and thus violated proscriptions on deceptive advertising.  Though Avvo and Superlawyers eventually prevailed, their victory offers little comfort to solo and small firm lawyers contemplating online marketing who lack the resources to serve as an ethics test case.

Still, lawyers must not allow the hype surrounding these isolated cases deter them from engaging in online marketing.  By familiarizing themselves with applicable ethics rules, understanding some of the best practices outlined below, and consulting with bar regulators when uncertain, lawyers can inoculate themselves against grievances and, more importantly, exploit the enormous marketing and relationship-building potential that the Internet offers.

Best Practices

1.  Read the bar rules.

It is absolutely imperative that you personally take the time to read and familiarize yourself with your jurisdiction's ethics rules governing advertising.  All too frequently, lawyers tend to rely on rumors that certain conduct is not permitted, when in fact, the other situations involved conduct in another jurisdiction, were distinguishable on their facts -- or the rumor was just plain wrong.  A recent ABA Teleconference on Ethics in Web 2.0 Marketing emphasized the importance of reviewing ethics rules (see call summary at The Lawyerist) since each jurisdiction takes a different approach.  The ABA conveniently provides links to each state's advertising ethics rules to make it easy for lawyers, particularly those licensed in several jurisdictions, to check them.

2.  Understand the categories of conduct that may raise red flags.

You'd go crazy trying to memorize the specifics of every ethics rule.  And I certainly can't summarize the crazy-patchwork of ethics regulations for fifty different jurisdictions in one blog post.  As a first step, what's more important than the specifics is the issue spotting -- the ability to recognize those categories of conduct that may raise ethics red flags.  Once you encounter an activity that you think may raise an ethics issue, you can review your ethics rules and any related ethics opinions to determine whether the activity is permissible.

To help with the process, I've listed most of the most popular online marketing tools and the corresponding ethics issues that they may implicate:

1.  Websites.  In many jurisdictions, a law firm website is considered "advertising," just like a newspaper ad or a law firm brochure.  As such, a website may be subject to certain bar regulations that govern print ads, such as prior review or a requirement that the site contain a disclaimer or notice stating that the site constitutes advertising.  Likewise, the same types of communications prohibited in print ads or brochures such as: (1) deceptive and misleading statements (such as guaranteed results) or statements that cannot be factually substantiated (e.g., "We are the best lawyers in town!"), (2) claims of specialization may also be prohibited, or (3) use of monikers or prohibited logos (such as "The Heavy Hitter" or a  pitbull logo, which isn't allowed in Florida). 

In contrast to print ads or brochures, websites also present special ethics considerations.  Because websites are viewable anywhere in the world rather than just a specific geographic location, they can give rise to potential claims of unauthorized practice of law (UPL).  Accordingly, websites should specify the states where you are licensed to practice and can handle cases.  Also in contrast to brochures, websites open the door for readers from anywhere to contact you by email, so be sure to include a disclaimer that sending an email does not trigger an attorney-client relationship to prevent a user from claiming that you never responded to her email and caused her to miss the statute of limitations on her suit.

2.  Blogs.  If you publish an article in a journal or newspaper, you typically aren't required to include a disclaimer that your article is advertising.  That's because many bars treat articles as educational tools rather than communications intended to attract paying clients.  Under some bar rules, this same reasoning might apply to blogs which merely provide commentary or discuss case law rather than solicit business, thus exempting blogs from regulation as lawyer advertising.  Again, check your bar rules because some specifically include blogs within the definition of "advertising" or define advertising in such a way that blogs fall within the scope of the definition.

So what types of issues do blogs raise?  In addition to the considerations that apply to websites, one concern about blogs is that readers may rely your advice and then try to hold you accountable if they relied to their detriment.  Include a disclaimer on a blog that the posts address general matters and should not be relied on by readers or considered legal advice.  Lawyers who blog should also avoid discussing "live" cases to avoid running afoul of court gag orders or inadvertently disclosing a strategy to opposing counsel.  Finally, a recent law review article suggests that blogging can raise ex parte concerns, though others disagree (as do I).  

Though not necessarily an ethics issue, for the sake of transparency, lawyers who blog disclose whether they have a personal interest in one side of an issue or not (for example, if you blog about a client that your firm represents, you ought to disclose that to readers).  And if lawyers makes a recommendations about a product where they retain a financial interest (such as affiliate fees), they should be wary of proposed Federal Trade Commission rules which may crack down on undisclosed blogger endorsements.   For more best practices on blogging, see this piece by Ed Poll.

3.  URLs.  A website's URL or web address can raise ethics issues in some jurisdictions.  For example, some states that prohibit use of phrases like "State X Law Clinic" or "Jones Legal Aid" because of the potential for confusion with bonafide legal aid organizations, and likewise prohibit use of these names for a website address, e.g., statexlawclinic.com.  However, don't assume that all states apply the same rules to law firm names and and website URLs.  In New York, law firms are barred from using trade names (e.g., BlueSky Law Firm) but may use a trade name for a website or blog (so BlueSky Law Firm as a firm name is prohibited, but www.blueskylawfirm.com as a website name is not is not).  Many states also allow lawyers to use descriptive names for websites -- such as NewYorkCollectionsLawyer.com or MadisonWisconsinTrustsAttorney.com -- so long as the names are not deceptive or misleading.  

Most state ethics codes offer fairly clear guidance on trade names and website names.  Take the time to review them or you could potentially miss out on a desirable name because you mistakenly assumed that your ethics rules wouldn't allow it.      

4.  Rating  Sites.  As already mentioned, sites like Avvo and Superlawyers rate clients.  While lawyers won't be subject to an ethics complaint when a rating is performed by a third party, lawyers may be prohibited from using those ratings in ads and on websites in some jurisdictions.

5.  Testimonial Sites.  Testimonials and endorsements are ethical red flags in advertising because they can may create an expectation of success or discuss matters that cannot be factually verified (e.g., "My lawyer was the best!").  Websites like Avvo or LinkedIn allow clients and lawyers to post endorsements or testimonials and where a third party outside the lawyer's control posts the testimonial (as opposed to the lawyer himself), it's doubtful that the bar would have the jurisdiction to require a take-down. 

The real ethics question arises where lawyers want to link to testimonials posted at a third-party site or put those testimonials up at their websites.  Check whether your bar's rules permit use of testimonials in advertising, but again, read the rules carefully.  Some states ban testimonials by clients, but still allow endorsements from lawyers or colleagues.

6. Social Networking Sites.  Social networking sites like Facebook or MySpace allow users to upload photos and exchange personal information.  Though there's certainly plenty of opportunity for stupidity in this regard (such as uploading photos of yourself drunk or wearing a skimpy swimsuit), stupidity alone won't necessarily trigger an ethics complaint.  When it comes to social networking sites like Facebook, lawyers and even judges run into trouble when they attempt to use the site in a deceptive manner or engage in ex parte communications.  Earlier this month, a North Carolina judge was reprimanded for "friending" one of the lawyers in a case before him.  And in May, the Philadelphia Bar Association ruled that a lawyer could not ask a third party to "friend" a potential witness in a case in order to gain access to the witness' Facebook page.    

7.  Twitter.  At first blush, Twitter, a micro-blogging tool which allows users to exchange 140 character sound-bites (and described in more detail here) seems harmless enough.  After all, how many ethics rules can you violate in just 140 characters?

Plenty, if you're not careful.  A lawyer who tweets about a bad day in court ("Bad day. Case is a dud and we will lose.") may inadvertently convey client confidences or private deliberative work product to opposing counsel.  Similarly, if a lawyer asks a follower who tweeted about a car accident whether she needs a lawyer may run afoul of bar rules prohibiting solicitation.  Ethics rules don't prohibit lawyers from participating in Twitter, but neither does the limited scope of a tweet absolve lawyers from adhering to ethics requirements.

8.  Listservs, Chatrooms and Q&A Fora. The Internet affords lawyers many opportunities to interact with lawyers and non-lawyers in a variety of settings.  When engaging in chat rooms or responding to questions, lawyers avoid giving specific advice or they run the risk of potential UPL claims or exposure to liability where another party relies on the advice.  

Conclusion

State bars developed ethics rules to prevent the public from predatory lawyers who engage in deceptive advertising.  Unfortunately, stringent regulation of online lawyer marketing has the unintended consequence of deterring lawyers from using online tools like websites or blogs -- which can provide valuable information to consumers -- or engaging in social networking sites where clients can learn more about lawyers whom they might want to hire.  Ultimately, instead of protecting the public, strict oversight of online advertisement has left consumers with fewer options and less information about lawyers and the law.  Not only do we lawyers owe it to ourselves to engage in as much online marketing activity as is ethically permissible to build profitable practices, but we owe it to the public to disseminate as much information about our practices as possible so that consumers can make informed decisions when they hire a lawyer.

Many lawyers find themselves in a catch-22 situation in the economic downturn.  On the one hand, they realize that they need to step up their marketing efforts to attract more business.  On the other hand, feeling cash-strapped, they're loath to spend money unnecessarily.  And when business finally comes through the door, lawyers are more inclined to jump on it to earn some money and relegate marketing to the back burner.

Large firms have long dealt with the problem of yo-yo marketing efforts by maintaining professional marketing staff who can keep the machine running even while lawyers are busy.  But few solos have the resources to invest in full-time marketing staff, or even to hire a part-time marketing professional.  Moreover, many solos run a strong independent streak and are loath to delegate any tasks, including marketing.

Truth is, there are few tasks that are easier and more cost-effective to delegate than marketing.  Below, identify those marketing functions that lend themselves to delegation and find some affordable ways that lawyers can outsource some of those tasks.

1.  What you can delegate and what you can't.  Delegation can help lawyers with their marketing, but there are some functions which can't be outsourced.  For example, if your marketing strategy includes lunch or coffee dates with prospective referral sources, clearly, you can't send an assistant in your stead.  However, as I'll discuss below, what you can do is ask your assistant make the initial contact with referral sources, with you following up personally to issue the invitation. 

Some tasks fall in the middle of the line.  For example, you could hire a ghostwriter to write articles or a blog for you, or use a social media guru to Twitter on your behalf.  I don't recommend delegation in these circumstances because it's not genuine -- I prefer my readers to hear my voice in my writing because it conveys a sense of my personality.  Though there's nothing wrong with asking an assistant to help identify blog topics, edit posts, and every so often put up a post under your name during a busy spell, ultimately, you should avoid having someone acting as "the man behind the curtain".

Finally, as a lawyer, you alone are responsible for compliance with ethics rules governing advertising.  If you outsource preparation of an advertisement or marketing campaign, you need to review those materials thoroughly to ensure that they don't run afoul of ethics rules in your jurisdiction.

2.  Tasks suitable for delegation.  Now that we've covered those tasks that lawyers shouldn't delegate, what's left?  Plenty, as discussed below:

For seminars, delegate room reservation, set-up of online webinar software, scheduling, registration, marketing, materials reproduction, mailing campaign, registration and surveys.

For articles or e-books, delegate research of potential topics, potential publication sources, supporting research, editing, formatting, and distribution.

For blogging, delegate blog set-up, topic collection, gathering resources, editing and formatting posts, monitoring blog statistics, and blog publicity.

For cold calls, delegate organizing contact lists and numbers, making initial contact and scheduling the followup call.

For social media, delegate the setup of accounts or profiles (based on information provided by lawyer), identifying potential followers (on Twitter) or connections (on LinkedIn), sending requests for testimonials, and monitoring lawyer's online presence.

For general marketing, delegate identifying growth areas, preparation of white papers and surveys to support marketing efforts or circulate to potential clients, graphics and logo preparation, contact management, and sending news items in clients' newsletter.

3.  Who to delegate to?  There are plenty of professional marketing companies that can handle all of these tasks for you, but they can also be costly.  Instead, try working with virtual assistants, many of whom have experience marketing their own businesses and are highly skilled when it comes to social media and online tools.  Professionals students, such as law students or business students, can also help out on most tasks, particularly those requiring more specialized marketing or legal research.  Don't overlook your family either -- your spouse, parents, or kids can help fold or stamp fliers, or register attendees at a seminar.

As for cost, virtual assistants and students provide fairly cheap labor, while you can often consign friends or family for free! 

4.  Change your mindset.  Ultimately, to succeed at delegating, you need to change your mindset and build it in to all of your plans.  Start breaking down marketing tasks into lists and specifically identify whether you or an assistant will handle a particular matter.  Once you formally list an assistant as responsible, you'll be less inclined to take on the work yourself.

Just like yo-yo dieting, on-again-off-again marketing efforts aren't particularly effective or healthy for the growth of your firm.  By delegating marketing tasks, you can ensure that they continue to move forward even during those times when you're too busy to pay attention.

A couple of days ago, I came across an interesting piece from Portfolio.com about a deal between major publishers like Random House, Simon & Schuster, and the online document document-archiving service Scribd that makes an increased number of best-sellers available for free as ebooks.  Though at first blush, giving away a core, revenue-generating product free seems crazy, publishing houses report that the freebies generate increased buzz and exposure on micro-blogging platforms and thus get the author's name and book title out to a wider circle. After reading this, I got to wondering why lawyers don't take a page from publishers and use and promote ebooks to gain greater exposure for their practices. Why indeed?

Turns out, some lawyers are already using ebooks as part of their marketing portfolio.  For example, consider Florida-based firm, Ricardo, Wasylik & Kaniuk, which released a 30-page ebook, The Consumer's Guide to Defending Florida Foreclosures.  The ebook helps consumers avoid the increasing number of sham "foreclosure prevention assistance centers" cropping up around that state which prey on consumer fears.  Plus, it's a way for the firm to demonstrate their expertise and provide useful information to the public. Finally, by requiring users to register for the ebook, the firm can build a mailing list.

Another Florida lawyer, Miami Criminal Defense attorney Brian Tannenbaum, devised his own innovative ebook concept.  Tannenbaum penned a 28-page ebook entitled The Truth About Hiring a Criminal Defense Lawyer.  Tannenbaum's book offers prospective clients straight-talking advice about what factors clients should consider in hiring a criminal defense lawyer and what clients can do to work with a criminal defense attorney to ensure the best possible outcome.  Tannenbaum's book gives his firm exposure and also educates clients about basics, such as: Be prepared to pay your lawyer!  My guess is that Tanenbaum's book deters those clients who don't realize that attorneys need to earn a living. 

Even more interesting, in order to generate exposure for his book, Tannenbaum asked A-list criminal defense attorney-bloggers like Scott Greenfield of Simple Justice and Mark Bennett of Defending People to review his ebook.  Thus, Tannenbaum set off a nice discussion about various approaches to criminal defense practice and in so doing, gained more visibility for his book.

If these examples have convinced you that an ebook may have marketing value for your firm, here are some ideas for getting started:

Continue reading "Take a Look at the eBook to Market Your Practice" »

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.

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").

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