Nolo's Legal Marketing Blawg

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.

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.

When it comes to Internet marketing, there's no one size fits all solution.  The effectiveness of any of the tools that I've discussed here at the Legal Marketing Blawg, such as blogs, Twitter or video depends not just on whether your current or prospective clients spend time online but  also where and how they use the Internet.

To understand the importance of how clients use the Internet to your online marketing efforts,   consider the results of an April 2009 study by the Pew Internet Project released last month.  According to the study, 56% of those polled said they have at some point used wireless means for online access - a figure that's significant enough to convince most lawyers to either start or step up marketing measures online.

But the 56% figure doesn't tell the whole story about wireless use.  Turns out that even though African American Internet use via traditional means (such as home or office computers) is much lower than for the general population, African Americans represent the most active users of the mobile internet:

48% of Africans Americans have at one time used their mobile device to access the internet for information, emailing, or instant-messaging, half again the national average of 32%.

29% of African Americans use the internet on their hand held on an average day, also about half again the national average of 19%.

Based on these use rates, you'd be justified in engaging in any type of generic online marketing activities, such as putting up a website or purchasing online ads, if you wanted to attract and serve African American clients.  But given that nearly a full third of African Americans access the web through a hand held device, your online marketing campaign would be far more effective if you invested in those tools which are most compatible with hand held devices.  For example:

-Internet access through handheld devices is usually slower than through broadband wireless and a direct connection.  So a fancy, flash-driven website that may look impressive on a large screen might be clunky and frustrating to someone trying to view it on a cell phone. 

-Blogging can be an effective Internet marketing tool.  But lengthy tomes in small font don't mix with a hand held.  To keep a hand-held based audience engaged, either opt for shorter snappier posts that can be digested in a cell-sized screen or make sure that your blog is mobile compliant.

-Many mobile users frequently access YouTube.  For that reason, video may be an effective marketing option.  Likewise, Twitter offers several different mobile-accessible applications and could also serve as an effective medium to connect with mobile-enabled clients.

Depending upon what kinds of clients you intend to target, there are a myriad of other small tweaks that can make your online marketing more effective.  As I wrote in another context, you need to imagine your audience, or in this case, your clients:

What I mean by imagine your audience is to visualize the individual readers, from those who stumble across your site online to those who dutifully read your updates daily. Where are they reading your blog - in a Starbucks? Their office? At a basement computer after the kids are in bed? Are they dressed in stiff work clothes or wearing pajamas? Using an news reader or catch all site like Alltop to catch up on posts - or do they physically visit the site to get the information?  Printing out your posts in a public library because they don't have a printer at home, or scrolling through them casually on their iphone while riding the subway to a suburban mansion?  By imagining these details, you can refine the form of your post to match your audience's circumstances - for example, enlarging the font or brightening the page if you suspect folks are reading in dimly lit areas, or including an easy print or PDF option if your audience prefers hard copy.

Most lawyers would like to believe that online marketing begins and ends with search engine optimization, that by hiring a good consultant and driving traffic to your site, you'll generate clients.  But all of the SEO in the world isn't going to make a difference if prospects leave the destination once they arrive.  It's not until you understand how your target audience is reaching you online that you can make sure that their experience is pleasant (as opposed to frustrating and confusing) once they arrive.  That way, they're guaranteed to return, or even better, to stick around long enough to decide to give you a call.

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

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

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

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

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

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

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

If you're like most lawyers, you probably use Wikipedia for a variety of purposes, from finding a layperson's explanation of a legal concept to getting the back story on current events.  Some of you may be avid enough users that you may have even registered for a Wikipedia account and contributed to some of the entries.  But chances are, you never considered creating a Wikipedia page for yourself or your law firm.

Truth is, up until a few weeks ago, I didn't either.  But as I described in this post at Legal Blogwatch, most major law firms already maintain pages on Wikipedia.  What's more, the
UK Law Society points out, Wikipedia has enormous reach:

Wikipedia is one of the largest reference websites -- 684 million visitors yearly. For a sniff of its power, whether you like it or not, cogitate on this snippet from the New York Times 'Bits' technology blog on 30 March, entitled 'Microsoft Encarta Dies After Long Battle With Wikipedia': 'Microsoft delivered the coup de grâce Monday to its dying Encarta encyclopedia, acknowledging what everyone else realised long ago: it just couldn't compete with Wikipedia... In January, Wikipedia got 97% of the visits that web surfers in the United States made to online encyclopedias, according to the internet ratings service Hitwise. Encarta was second, with 1.27%.' That's how powerful Wikipedia is.

With that kind of traffic, a listing on Wikipedia could theoretically bolster a firm's search engine visibility.  So I decided to test my theory and ran a couple of searches on some of the law firms listed in Wikipedia.  Sure enough, the firms' Wikipedia listings came up within the top five to ten front page search results on Google.

Still, is a Wikipedia entry worthwhile for solo and small firm lawyers?  For starters, what kinds of information would you include in the listings?  Many large firms with long histories describe the firm's origins and provide bios of firm founders and well-known alumni.  But solo and small firm lawyers might not have enough background material to include.  A smaller firm might also link to reported cases or cross-reference practice areas described on Wikipedia.  For example, a bankruptcy lawyer could cross-link to the entry on Bankruptcy in Wikipedia, thus providing a good resource for clients with basic questions.  Likewise, lawyers could cross-reference the city where they practice or hobbies they enjoy.

Ultimately, I don't think that Wikipedia is an indispensable component of a lawyer marketing portfolio in the same way as a website or blog or business card.  But for lawyers looking for something different or who can devise a unique use for Wikipedia, it might be a marketing tool worthy of further consideration. 

In the past few months, most of us have seen stories such as this one about how newspapers are facing extinction, victims of widespread content available online free and recession-driven declining ad revenues.  But could television be far behind on road to obsolescence?

This past weekend's Washington Post carried this interesting article, "Click Change: The Traditional Tube Is Getting Squeezed Out of the Picture" which describes that more and more, consumers are cutting the cord to their television, opting to watch shows online.  And of course, even those consumers who aren't yet willing to part with their little black box (or large, flat plasma screen, as the case may be) customize their viewing experience with TiVo or other recording devices such that their television habits bear little in common with those of viewers of ten or fifteen years ago.

All very interesting.  But as a reader of this Legal Marketing Blawg, you're probably wondering "So what does declining television viewership have to do with me?  I don't advertise on T.V."  Yet, that's precisely why this trend should interest you.  Because while television is dying, you still have a chance to get a first-mover advantage on those advertising techniques that are most likely to work in the post-television age.  Moreover, studying today's trends in television viewership offers insight into what kinds of messages work with 21st century consumers.  Now, I'll step back and explain.

1.  Positioning Yourself for the End of Television Advertising.

Traditionally, television advertising has been the domain of large law firms or networks of firms.  After all, who else can afford the enormous cost?  Lawyers who pay for television advertising are playing a numbers game, figuring that by getting in front of thousands of viewers, they can capture just a small percentage and thus make the cost of the ad worthwhile.  However, when viewers stop watching television, ads won't be as effective -- and these mass marketers will look for other avenues, including the Internet.  They've got the resources to potentially dominate, too -- by gobbling up keywords and employing high-priced SEO Consultants.

By acting now, you can fight back.  For example, by setting up a blog (as I noted last week, only two percent of lawyers are currently blogging) you can start gaining visibility in local domains and specific niches.  By starting a blog now, you can get yourself comfortably entrenched on the first page of Google's search results by the time the mass television marketers find their way online.  And once on top, it's harder to get dethroned.

Even if you're not committed to blogging, you have other options to establish visibility online.  In previous posts, I've discussed how article archiving sites like JD Supra, circulation of eBooks, and other do-it-yourself techniques can bolster your online presence.

2.  What Do Consumers Want?

Continue reading "What the End of Television Means for Lawyer Marketing" »

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.