You Just Gotta Go

By John Remsen, Jr.

Lately, I’ve been big on using analogies to illustrate a point I’m trying to make. And the one I like to use to describe how a lawyer should approach marketing and business development paints the picture of an exercise regimen.

Most of us want to look good, be healthy and live a long, active life. And if you eat right and exercise on a regular basis, you are likely to get there. But you’ve got to make it a priority and get into the habit of exercising. Thirty to forty-five minutes, four times a week. Every week.

Even when you’re tired and don’t really feel like it. You just gotta go…because it’s good for you. And you know that good habits will pay off in the long run.

Most lawyers say they want great clients, challenging work and a decent income. Wouldn’t it be great to be able to pick and choose your clients and work only on stuff you really enjoy? Marketing and business development are what gets you there. And you should approach them much like diet and exercise.

Diet and exercise. Marketing and business development. A little bit every day. Week in and week out. Whether you feel like it or not. You just gotta go.

This month, I am challenging you to get into six great habits that will pay off in the long run. Nothing back-breaking. Just little things that will pay off over time. The best rainmakers already do this stuff on a regular basis. And so should you.

Habit #1: Show How Much You Care
Clients value lawyers who genuinely care about helping them achieve their goals and objectives. If you, as a lawyer, don’t care, you might consider another profession. But if you do care, it’s important that you show it. Client Site Visits, breakfast and lunch meetings, hand-written notes and the occasional phone call just to say hello are a few ways you can let clients and referral sources know how much you appreciate the trust and confidence they place in you. Get in the habit of showing your clients that you care about them and their success.

Habit #2: Always Return Your Phone Calls The Same Day
Most people get upset when their lawyer (or accountant or banker) fails to return their telephone calls. I know I do, and you probably do, too. Always, always, always return your phone calls (especially client phone calls) the same day. If you only decide to get into one of these six habits, this is it.

Habit #3: Meet Your Deadlines
First, don’t commit to deadlines you can’t meet. When you do set deadlines, make sure they are realistic and achievable. Mark them in your calendar, set reminders and beat them. If you realize that you can’t meet a deadline you’ve set, let the affected person(s) know about it as soon as possible. Most times, they appreciate the gesture and are OK with a reasonable delay. But don’t make your client come looking for you a week after you promised something and failed to deliver. Your client won’t be happy and that’s not good. Get in the habit of beating your deadlines.

Habit #4: Send Hand-Written Notes
Hand-written notes are a class act. Seven to ten words is all it takes. “It was great to meet you at the Chamber Dinner.” “Thanks for referring me to Joe Smith.” or “I thought you might be interested in the attached article.” Make sure that you hand address the envelope and use a stamp. E-mails are nice, but hand-written notes are much more memorable and effective. Get some nice note cards and envelopes, and keep a supply in your briefcase at all times. Write a few notes every week when you have a few minutes here and there. Get in the habit of sending hand-written notes.

Habit #5: Go to Breakfast or Lunch Once a Week
Get in the habit of taking clients, prospective clients, referral sources, reporters and others you want to know to breakfast or lunch. And do it at least once a week. To avoid random acts, create your “A” list and make it a goal to break bread with everybody on it a few times over the course of a year. Enlist the help of your assistant to create your list and schedule the meetings. Some of the best rainmakers I’ve ever met do this religiously. If you don’t take your top client to lunch every now and then, your competitors will be happy to do it for you.

Habit #6: Get Active in One Key Organization
Become actively involved in one key organization. Not three or four. Just one. I’ve noticed that lawyers like to join organizations, but seldom have time to go to meetings. Well, guess what? You’ll get out of it what you put into it.

We encourage lawyers to find a “target-rich” environment. While the United Way and Chamber of Commerce are nice, a real estate lawyer would be far better served investing his/her time in a real estate organization. Take the time to find the right organization for you and your practice. And when you find it, jump in with both feet! Go to the monthly meeting. Join a committee. And go. Make it a priority. Like exercise, you just gotta go.

Conclusion
Well there you have it. Six great habits. As a consultant to law firms, I try to do these things religiously, but it’s not always easy…especially when I’m on the road for an extended period of time. But it’s stuff that I’ve decided is important and I try my best to practice what I preach.

It’s up to you to make this stuff a priority. Just like your exercise regimen….whether you feel like it or not. You just gotta go. Ten years from now, you’ll look back and be glad you did.
 

About the Author
John Remsen, Jr. is President of TheRemsenGroup, a marketing consulting firm that works exclusively with law firms to help them attract and retain the clients they want. He can be reached at 404.885.9100 or JRemsen@TheRemsenGroup.com.

Eight Important Reminders from General Counsel

By John Remsen, Jr.

It’s always gratifying to hear what clients have to say when it comes to client service, marketing and business development. That’s because they invariably underscore everything we preach to lawyers about the importance of providing great service as a marketing and business development strategy. Great client service is, perhaps, the most effective “marketing” a lawyer (and a law firm) can implement. If you take good care of today’s clients, the theory goes, they’ll keep coming back, and they’ll refer you to their friends and colleagues.

It is important to understand that I’m taking about quality service, not quality work product. There is a big difference. I assume that you are a competent lawyer and are capable of providing a quality work product. Therefore, the way to truly distinguish yourself (and your firm) in the marketplace is to provide high quality service. Lousy service is the number one reason clients fire law firms, and there are dozens of surveys and reports concluding that most lawyers don’t do a very good job in this area.

Recently, I had the opportunity to moderate a panel of three general counsels at a client’s Firm Retreat. The GCs represented three different industries — higher education, outdoor advertising and agriculture — and they had varying levels of experience as in-house counsels. And, like most GCs with whom I have spoken, they had remarkably similar opinions on the subjects of client service, marketing and business development.

Here are eight important reminders they shared with the audience. I wanted to pass them along to you, our loyal readers, as our Marketing Tip of the Month.

I Hire Lawyers, Not Law Firms
I hear this all the time and numerous studies back up the notion that, generally speaking, clients hire lawyers, not law firms. They hire lawyers they know, like and trust. That means you — not your firm and not your marketing department — need to get out there and cultivate relationships with individuals in a position to hire and/or refer a lawyer with your expertise. It’s all about relationships.

Be There When I Need You
Clients demand responsiveness…and in this day and age of cell phones, blackberries and 24/7 access to the internet, their expectations have risen dramatically in recent years. This particular panel of general counsels said they expect a return phone call within four hours. It wasn’t that long ago when 24 hours would have been an acceptable time frame to get back to a client. The pace of business will continue to get faster, and there is little room to hide anymore.

Do What You Say You Are Going to Do
It drives people — including your valued clients — crazy when you don’t follow through and deliver the goods as promised. Always meet your deadlines and follow through on your commitments. Set realistic expectations and try your best to over-deliver whenever possible. If you run into a tough spot and can’t meet a commitment, let your client know in advance. Most of the time, it will be OK. Don’t wait for the client to call you after you’ve missed a deadline. It won’t be good.

Get to Know Me
Clients value lawyers who make the effort and take the time to get to know as much as possible about them and their companies. Your objective is to become an indispensable trusted advisor…part of the team. Obviously you can’t do this for every single client, but it’s a good idea to do it for your top five. Do some research. Schedule a Client Site Visit. Monitor the company’s activities in the media. Get to know your client’s people, policies and procedures, as well as its business goals and objectives. Find ways to add value to the relationship.

Don’t Surprise Me
Here, we’re talking mostly about that higher than average invoice or the bad news that you don’t promptly report to the client. Clients hate surprises, so you should try to eliminate them as much as possible. If there is an unexpected turn of events, let the client know up front and as soon as possible.

Make Me Look Good
In house counsels, like most lawyers, have big egos. They like to look good in front of their bosses. Therefore, it’s in your best interest to make them look good, even if you disagree with their decisions or their strategy on a particular matter. Like it or not, they make — or at least influence — the company’s decisions on which lawyers to hire.

Consider the Economics of the Matter
A $40,000 invoice to resolve a $15,000 lawsuit? It happens more often than you might think. Make sure work is properly delegated to the right lawyer in your firm and be sensitive to the economics of a matter. Don’t “over lawyer” the file. It makes no economic sense whatsoever. Besides, clients hate it.

Finally, Be Nice to My Staff
Always be kind, courteous and respectful to your clients’ secretaries, paralegals and staff. They have more influence than you might think, and you just never know where or when you’ll run into them in the future.

If you practice these simple rules, you will keep the clients that you want to keep and develop a reputation as a great lawyer who provides great service. And that’s a good thing.

About the Author
John Remsen, Jr. is President of TheRemsenGroup, a marketing consulting firm that works exclusively with law firms to help them attract and retain the clients they want. He can be reached at 404.885.9100 or JRemsen@TheRemsenGroup.com.

Dealing with the Media in a High Profile Case

By Susan Maynor and John Remsen, Jr.

From time to time, lawyers may find themselves in unfamiliar surroundings involving a high profile client or a significant or controversial matter. In many cases, the media is there to cover the story and feed their reader’s and viewer’s appetites for celebrity and controversy.

It’s critical that lawyers involved in these situations be prepared and ready to put their best foot forward when dealing with the media.

This checklist is designed to help lawyers, law firms and their clients deal with these challenging situations

First & Foremost

Before any media plan is devised, understand the applicable rules of ethics and law in the relevant jurisdictions regarding media relations.

Select an official spokesperson and do not allow anyone else to speak to media, including your client. All media requests should be directed to the official spokesperson.

Media Coverage

• When leaving the courthouse, you can expect a “media blitz.”
• Avoid rushing past reporters and cameras with your head down. It makes you look like you’re hiding something or — even worse - guilty.
• Do not answer questions that you are not prepared to answer, just to please the media.
• Always take the high ground. Be positive and forward thinking.
• Be polite and confident. Act like this is your show and you are the one in charge.
• Never say “no comment.” Rather, calmly and politely state that you are not in a position to answer the question(s) at this time and offer to give a statement in the future.
  • Spokesperson relinquishes control over public’s perception of client.
  • Reporter will look to other sources for information.
  • “No comment” implies culpability.
• Avoid legal jargon or inflammatory language. Do not react defensively or reactionary. Be factually accurate.
• Develop three or four concise and catchy, one-sentence messages and do not deviate from those messages. Your messages should not convey information that you would not say in open court.
• Be mindful of body language.
• Explain court proceedings or other helpful information to reporters. Alternatively, offer copies of pleadings or recent briefs that explain your client’s position.
• Keep your client close by. Don’t let the client step away from spotlight. If so, reporters will leave attorney and follow the client to ask questions.
• Sound bytes on local news: Your comments will be limited to 15-20 seconds so be concise, easily understood and accurate.
• Have an exit strategy. Devise a plan to end the reporters’ questions. Plan your last word.
• Keep reporters apprised of schedule changes in the trial.

Scheduled Interviews

• Always assume that you are “on the record.”
• Determine each media outlet’s trends or biases.
• Anticipate the types of interviews and quotes you want, and determine which media outlets will NOT be granted interviews.
• Learn habits and prejudices of particular reporters, their interview techniques and angles.
• Grant interviews to reporters whose work fits the story and who can be sympathetic to your client.
• Ask to review any and all of your quotes before they appear in the story to check for errors and omissions.
• Keep your client informed of requests for interviews.
• Do not ignore a reporter’s telephone call. It’s not advantageous to inform the public that the attorney was not available for comment or did not return a call. At least contact the reporter to say why you are unable to make a statement at this time.
• If you do not know the answer to a reporter’s question, state that you do not know the answer but that you will try to get it in time for the reporter’s deadline.
• Take time to explain how the legal system works. In the absence of legal training, reporters do not understand concepts such as summary judgment, etc. This will go a long way in cultivating a good relationship with a reporter.
• Assist reporters with reasonable requests in obtaining court documents.
• Respect the reporter’s deadlines and time limitations.

About the Authors

Susan Maynor is the Director of Marketing & Communications at the Romano Law Group in Boca Raton, Florida. She can be reached at 561.997.8949 or SusanMaynor@bellsouth.net.

John Remsen, Jr. is President of TheRemsenGroup, a marketing consulting firm that works exclusively with law firms. He can be reached at 404.885.9100 or JRemsen@TheRemsenGroup.com.

Top Ten Marketing Tips for First and Second Year Associates

By John Remsen, Jr.

There are two kinds of lawyers in private practice. There are lawyers with clients, and there are lawyers who work for lawyers with clients. My question to you is this: Which would you rather be in ten years?

I submit that lawyers with clients are working with clients they enjoy and on matters they like. They are in control of their careers, and chances are they are having a lot more fun and making a lot more money than lawyers without clients. They are emerging as leaders in their firms and are sought after by other firms.

No doubt, one can make a fine living as a journeyman lawyer grinding away at the billable hour….day after day, month after month, year after year. But let’s face it, when it comes to being a lawyer in private practice, rainmaking is where it’s at!

As a first or second year associate, now is the time to begin developing good marketing habits that will pay off over the long haul. These habits should play to your likes and interests, and be consistently applied and performed in a thoughtful, proactive and strategic manner. No one expects you to go out and “slay the dragon” as a young lawyer. The key at this stage of the game is to focus on habits.

Even the American Bar Association suggests in its “Model Diet for Associate Attorneys” that you devote 400 non-billable hours to things like service to your firm and profession, pro bono, professional and client development and the like.

So here we go, offering TheRemsenGroup’s Top Ten Marketing Tips for First and Second Year Associates.

You’ll notice that our list does not include: “Meet your billable hours requirement.” That’s a given. It’s the investments of your non-billable time, your thought capital and even in your wardrobe that will set you apart.

1. Excel at the Basics
Take every opportunity to learn and hone your lawyering skills. Arrive on time and stay until the job’s done. Ask thoughtful questions. Pay close attention to detail. Meet your deadlines. Seek feedback about your performance. As a first or second year associate, your clients are the partners of the firm. Partners notice when associates are in the office late or when they’re slipping out early on Friday afternoons. Make sure you earn their notice in a positive way by just becoming the best lawyer you can be.

2. Find a Really Good Mentor
Don’t wait on your firm to establish a formal mentor program. Identify and spend time with that lawyer who embodies what you want to be and emulate his or her good behaviors. Since you’re asking your mentor to be generous with his or her time and talents, reciprocate by delivering yours. Find opportunities to do good work for your mentor.

3. Stay on Top of Current Events
Absorb as much as you can in the law firm environment by staying abreast of the most recent laws and codes, but don’t forget to pay attention to the rest of the world. Make it your daily practice to read the local newspaper or business journal. Subscribe to the Wall Street Journal or BusinessWeek. Find out what your partners and their clients are reading and follow their lead.

4. Declare Your Major
Clients hire specialists, not generalists. Study after study says so. They want experienced lawyers who have logged time with one particular kind of law. For you, that means that you should figure out where your passion lies and develop a niche practice around it. Be the go-to associate for partners who are involved in your area of interest. If you’re still unsure of what type of law sets you on fire, research legal trends. The earlier you discover what you enjoy and start building your credentials around it, the sooner you will be earning premium fees for doing what you love.

5. Develop a Game Plan
Your time is valuable, so don’t waste it on random acts of lunch and golf. Spend a half day or more to develop a thoughtful personal marketing plan for the year. Your plan should be realistic and achievable. It should be specific and focused. Do stuff you enjoy — golf, hunt, eat, drink, have fun. We recommend 100 hours and a budget of about $1,500. Best of all, most law firms will pay for your marketing activities. You’d be a fool not to take advantage. Go for it.

6. Dress Like a Lawyer
Like it or not, how you package yourself at work goes a long way toward establishing credibility. We recommend that young lawyers look like polished professionals. In fact, we wrote an article on this very topic in a previous Marketing Tip: Lawyers Should Look Like Lawyers.

7. Hang Out at the Bar
Start building your credentials by spending time at your local or state bar association. If you’ve identified a niche or particular practice, join that section of the bar. Don’t just pay the dues. Regularly attend meetings and work toward a leadership position. If you’re practicing in a state that offers board certification, study and earn that certification.

8. Develop Your A-List
Create and cultivate a list of contacts, phone numbers and e-mail addresses for people with whom you want to develop business relationships. Early in your career, the list will include mostly college and law school classmates, friends and family members. Focus on developing meaningful relationships with your peers. They may not be decision makers today, but many of them will be in ten to fifteen years.

9. Keep in Touch
Now that you have your A-list contacts, find ways to stay on their minds. Send birthday or holiday cards. As you come across relevant articles or best practices, share them with your contacts, always prefacing the article with a short personal note. For the tech savvy, connect with your contacts on social networking sites like LinkedIn, Facebook or Twitter. Invite contacts to lunch or have them join you at alumni meetings or social events. Most firms I know reimburse their associates for the cost of these activities.

10. Be a Hero
Find out what your firm is doing in terms of marketing and business development, and get involved. If you’re a strong writer, volunteer to research and write articles for your practice group newsletter. Your practice group doesn’t have a newsletter? Maybe you should start one. Help plan and organize firm seminars or client appreciation events. One associate who volunteered to take over a languishing firm brochure earned enormous positive recognition (plus a big year-end bonus) when she brought the project to fruition.

As we mentioned at the beginning of this article, there are two kinds of lawyers in private practice. Lawyers with clients, and lawyers who work for lawyers with clients. Which would you rather be? If you want to be a lawyer with clients, developing lifelong, sustainable marketing and business development habits as a young associate will put you in a great position ten to fifteen years from now. The time to start developing those habits is now.

About the Author
John Remsen, Jr. is President of TheRemsenGroup, an Atlanta-based marketing and management consulting firm that works exclusively with lawyers and law firms. His articles have appeared in numerous ABA, ALA and LMA journals and publications. For more information, visit www.TheRemsenGroup.com.

The Ten Golden Rules To Make Your New Client Happy

By John Remsen, Jr.

We all know that satisfied existing clients are your best source of future business. They will continue to use your services when they need a lawyer, and they are your best referral source for new clients.

Yet, most clients are unable to appreciate a quality work product because they aren’t lawyers. Consequently, they tend to judge the quality of your work based on service-related issues and how they are treated when they deal with you and your firm.

Allow me to use the analogy of the automobile mechanic. If you own a car, you know you need a good, trustworthy mechanic to keep the car running smoothly and to fix problems as they arise. You don’t necessarily want to know what’s going on under the hood. Your mechanic is supposed to know all that stuff. And you trust him to treat you right.

If you are like me, you assess the quality of your mechanic’s work based on the way you are treated and whether or not you trust him. Does he listen to you when you bring the car in for servicing? Does he keep your car running smoothly? Does he provide an estimate before he starts the work? Is his bill reasonable and within estimate? Is your car clean and ready when promised? These are among the factors that most people use to evaluate the quality of his work.

I believe that these are the same kinds of factors that clients apply to lawyers and other professional service providers. They don’t necessarily want to know the intricacies of the law. They want a good result. They want to feel like you are taking good care of them. They want to trust you. These factors are especially important when you are dealing with a brand new client.

As we begin the New Year, I thought it might be good time to share my “Ten Golden Rules to Make Your New Client Happy.” Here goes….

1) Send Your New Client a “Client Welcome Kit”
I am amazed at how few law firms do this. In addition to a well-written cover letter from the managing partner, include your firm brochure, a client service pledge, a current list of contacts with direct dial phone numbers and email addresses, and a nice gift.

2) Seek to Understand the Big Picture
The best lawyers — the ones who deliver the most value to their clients — take the time to learn about their client’s business (and personal) goals and objectives. They ask smart questions and do lots of listening. They understand how the particular legal matter they are being asked to handle fits into the big picture. It’s also a smart idea to understand the dynamics and trends of the industry in which your client competes. Visiting your new client’s place of business is also a great way to get things started on the right foot.

3) Establish Your Client’s Expectations and Then Exceed Them
Walk your client through how you propose to handle the matter and what he can expect in terms of results and timelines. Create a reasonable set of expectations and do your best to beat them. If you discover you are unable to meet your commitments, or the results are not likely to be what you anticipated, share that information with the client as soon as possible. In almost all cases, you will be forgiven.

4) Follow Through on Your Commitments
Set reasonable deadlines and do your best to follow through as promised. If you promise a draft of the contract in three weeks, deliver it in two. Nothing aggravates a client more than a broken promise. It also has a very serious negative consequence when it comes to building trust.

5) Always Promptly Return Telephone Calls
Nothing upsets clients more than an unreturned phone call. It’s the #1 complaint clients have about lawyers. You may not think a return phone call is all that important (especially if there is nothing to report), but your client sure as heck does. Adopt a policy to return all your calls on the same day. It’s a darn good habit.

6) Communicate with Your Client in the Manner He Prefers
I’m one of those people who like to talk on the phone. After all, I can talk a whole lot faster than I can type. And I hate it when I place a phone call to discuss an issue with a vendor and get an email back. Most clients feel the same way. Ask your new client the method and frequency of communication he prefers and deliver your updates and progress reports accordingly. If you can’t be flexible, tell your client up front how you operate. Also, see Rule #5.

7) Introduce Your Client to the Team Working on His Matters
Take the time to invite your new client to your offices to meet the team who will be working on his matter. And make sure you include the paralegals, legal assistants, receptionist and others he is likely to be talking to on a regular basis. First, it makes your staff feel part of the team and, in many cases, your client is likely to be interacting with them more often than he does you.

8) Resist the Temptation to “Overlawyer” the Matter
Trust me; clients don’t want to pay their lawyer more than necessary to have their matter properly handled. Many law firms feel the need to research issues to death and uncover every stone to make sure they are 100% correct. Yet, most clients are happy with 90%. Worse yet, the pressure to generate billable hours often encourages inefficiency and “overlawyering” to meet performance requirements. Be sensitive to the issue and do what’s right for your client.

9) Never Send a Surprise Invoice
It’s good practice to discuss estimated fees and costs up front with your new client. Give him a ball park estimate of what your fee will be and discuss any unforeseen developments that may arise. Talk through the options and seek your client’s direction on how to handle them. Never, ever, send your client a surprise bill. Beyond failure to communicate, this is one sure way to lose your new client and he’s likely to tell others about the experience.

10) Show Your Client That You Appreciate His Business
Be sure to invite your client to your firm’s annual client appreciation event, take him to a ball game, play golf and invite him to lunch or dinner on occasion. Invest time in building the relationship. Holiday cards are nice, but not nearly enough.

There is more to practicing law than providing quality legal work. You’ve got to provide great service, too. If you practice these golden rules consistently, you will end up with loyal, long-term clients and an enjoyable and gratifying legal career. And that’s a promise!

About the Author
John Remsen, Jr. is President of TheRemsenGroup, a marketing consulting firm that works exclusively with law firms to help them attract and retain the clients they want. He is Past President of the Southeastern Chapter of the Legal Marketing Association and is a frequent speaker and author on law firm marketing topics. He can be reached at 404.885.9100 or JRemsen@TheRemsenGroup.com.