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A Client following is the only proven security for a lawyer. A lawyer with a client base can change firms or start his or her own practice and can control their future. A lawyer without a client following will always be subject to the whims and vagaries of the job market. This chapter will trace the history of the book which may give you an appreciation of the trend and direction of why Getting and Keeping Good Clients is essential to you, your family, and your staff. This chapter could be read in conjunction with chapter A-6.
Patient elations (sometimes called “bedside anner”) is taught in medical school. Client relations (sometimes called “deskside manner”) is not taught in law school. Just as doctors can be taught while they are in school lawyers can be taught after law school. You can learn and apply the techniques needed to Get and Keep Good Clients.
In this chapter I am simply demonstrating the sources of the information in this book and that it is based on practical experience not theory.
This is simply a partial historical list of some of the 1,000 plus programs I have done over a period of 40 years you may find your own state and organization in the list.
Distinguishing between “practice development” and “lawyer marketing” may help you in deciding where you want to begin to improve your life and your income. This chapter also presents reasons why the term “sales” probably should not be used in most cases.
This chapter should be read in conjunction with chapter A-1. This chapter emphasizes where the information in this book originated from many sources.
The book How to Start and Build a Law Practice is the all time best seller of the American Bar Association, now in its 5th edition. That book includes a marketing section intended for new lawyers beginning a practice. The marketing section of that book contains information primarily needed by a new lawyer. This book Is intended for the veteran lawyer. Many lawyers who have been in practice for decades tell me that re-reading that book is helpful in reviewing the simplest of basics which often get lost or forgotten in the rush of day to day practice. It is a worthwhile supplement to this book. That book and where to get it is described in this chapter.
This book was written to save you time and money. Learn how and why it was written.
Hopefully the history of this book will encourage you to “give back” to the
profession.
New lawyers have been asking the same questions for hundreds of years. Learn what Abraham Lincoln wanted you to know.
Most lawyers who start their own law practice either want to or have to. Review some of the pluses and minuses of starting your own practice.
If you have any doubts or qualms about your competence to practice law, this chapter is a must.
Taking a job, “for experience,” may be riskier in most cases than starting your own practice. Review the pitfalls in taking a job “for experience.”
Doing hourly work for other lawyers while staring your practice can provide both money and experience. This chapter contains more than 20 issues which must be resolved before starting.
You may have to defer opening your law practice for any number of good reasons. This chapter suggests more than 20 different ways you might use your law degree to get a job until you can make the move.
Starting with another new lawyer has both pluses and minuses and can work if done correctly. Read about some things you and the other lawyer most both
consider.
Although I personally don’t understand how spouses (or similarly connected people) can practice together, there seem to be many advantages to spouses working together in the same office.
Practicing another business or profession while starting your law practice can be either good or bad depending on how you do it. Tips on how to do it and traps to be avoided are given in this chapter.
Starting with specialty areas or a niche practice has both, problems and benefits. Some solutions and suggestions are offered.
What you will name your law firm should be considered before you start a practice. Some suggestions are offered.
Sole practice vs. partnership vs. shared office. There are pluses in being alone and other pluses to being with others. Some considerations are offered.
The written business plan. You should not start your law practice without a written business plan. There are dozens of free business plans available on the internet, and many are sold by consultants who want you as customers for their services and products. This over simplified plan is expressly designed for lawyers starting a practice who have never done a business plan in the past.
It is rare for a lawyer starting a practice not to have to worry about an unpaid student loan. The basic rules of handling your student loan are set forth.
Getting and Keeping Good Clients can be fun as well as being profitable if you have the right attitude and are doing things you enjoy doing. This chapter can help you develop the right attitude.
Keeping statistics for client development is a relatively new concept. I have seen many differing numbers. A statistic that makes sense to me after 40 years of practice is that every law practice will lose about 40% of their existing client and referrers over a period of 5 years. There is no doubt that a stream of new clients is always necessary. This chapter will give you 11 good reasons for ongoing practice development.
It is sometimes difficult to both do the legal work and bring in the legal work. Intentionally devoting time to client development both raises the level of law you practice and helps devote your energy and time to those things only you can do well. This chapter will give you some things to consider when deciding where to devote your time.
This chapter will demonstrate why your management time is usually better spent on marketing than expense reduction.
When and how should you consider “upgrading” your practice and what are the benefits? This chapter outlines the necessary steps in the promise of upgrading your practice.
Hopefully, this chapter will motivate you to do better work for your existing clients which is time, energy and money better spent than the time energy and money spent chasing new clients.
This chapter is one of the most commonly reproduced chapters in legal journals and periodicals. It is often quoted. It is often plagiarized. It is worth reading and giving you impetus to improve what you are doing.
This chapter is a simplified, legal marketing oriented application of the old management tool of SWOT (Strengths Weakness Opportunity and Threats). It will help you think about where you want to go with your practice.
Deciding on the city, the neighborhood, and the specific office has both immediate and long range effect on your success or failure. This chapter provides simple questions which unfortunately may require complex answers.
In determining occupancy costs, there are many plusses and minuses. Proximity
to other lawyers, law libraries, public transportations and many other factors
should be considered. This chapter will point to those considerations.
Space for services sounds good. Learn which problems have to be avoided to be successful and at least one alternative way to trade “space for services.”
Getting space for your office. If you have never negotiated a lease you need to read this chapter to get the basic requirements for a law office.
Practicing in a law suite has both advantages and disadvantages. A review of these advantages and disadvantages can prepare you for what to look for.
In my opinion, practicing from your home should be avoided when possible. When there are no practical alternatives this chapter will tell you what to do and what not to do if you are thinking of practicing from your home.
Virtual law practices are slowly developing. Learn why money invested in a website is probably a better investment than money invested in a couch.
Cash flow planning can make the difference between success and failure. Learn what you will need and why.
This chapter contains a plan to give your rich relative a tax break for financing you.
Checklists – This chapter is critical. Before you open the doors you will need to do the things outlined in this chapter.
Tips for buying office supplies are included along with some simple procedures for using your equipment.
Office Technology – This chapter covers so much of what you need to know, it takes up to 20 pages of the printed book. This chapter can take much of the anxiety out of buying equipment to stay technologically current.
The pros and cons of doing your own word processing are discussed and this chapter should force you to think about who will do what in your office.
Furnishing your office can be money well spent or a waste of money. Learn the basics of what you should know.
The proper use of stationery is critical. Even a common yellow pad if used
properly can make a difference in your practice.
The proper treatment of friends and relatives is crucial to a new lawyer. If you treat them properly they will be good clients and the sources of good referrals. Learn what to do.
Getting the word out proclaiming that you are ready to accept clients is a critical first step in your marketing efforts. Read this chapter and start preparing immediately.
Yellow pages newspapers and the internet can immediately produce clients and fees. You must know what to do when the phone rings.
The internet and your e-mail addresses are likely to send important messages about you and your practice.
Your web site. Tips are offered on why you should have multiple web sites.
You were not taught in law school how to manage telephone communications,. You will only succeed if your clients are pleased with the way their phone calls are handled and returned. Learn how to do it.
Good paper and email communication is critical to success. Learn the basics along with specific practice including tips and form letters.
Getting clients by joining clubs and organizations is no longer the source of clients it once was. Nonetheless, clients can be gotten from clubs and organizations within certain parameters. Learn those parameters.
Cold calling disgusts most lawyers. Yet one form of cold calling can provide both clients and professional satisfaction. Learn how to do it.
Charities can be a good source of good clients. Sample methods are described.
Insurance claim adjustors can be the source of a lot of clients or a source of a lot of trouble. Learn what to do and what not to do to get referrals from insurance adjusters.
Your vendors can and do need lawyers and are typically able to make large numbers of referrals. They have to be cultivated.
How you accept personal injury cases can result in a happy client or in a bar complaint. Personal injury clients often need special attention. You must protect both yourself and the client. Sample form letters are included.
Settlement offers must be communicated in a clear precise manner or the client will hear only what they want to hear.
Representing seniors. Seniors will be the clients who can pay legal fees and who have accumulated wealth. Your office and practice must be senior friendly. Learn how to represent seniors and the benefits and pitfalls of representing seniors. Videotaping pros and cons are set forth.
Running for political office was one way lawyers traditionally got their name out to the general public. Some pro’s and con’s are set forth.
Lawyer referral service. Why lawyer referral services are good investments is set forth.
Getting legal work from the government may or may not be profitable depending on your situation.
Other lawyers can be an excellent source of fees for new lawyers. Learn how to ask for the work.
If you are, or associate with a member of, a minority, there may be advantages in securing clients and fees including government contracts for legal service without bidding.
Often a closed file does not presently require further legal work, but may require work in the future. Samples of opportunities that are inherent in “closed files” are given.
Failure to recognize and resolve a conflict can result in being disqualified to do anything in the matter and you may be required to refund all fees you thought you had earned. Further, you may face bar prosecution. Common, often not recognized, conflicts are illustrated along with forms to allow ethical continual representation.
What clients need may not be what they want. What clients want may not be what they need. Several examples of what you can do to help a client, although not necessarily from a legal point of getting a good result, are pointed out.
ABA studies revealed 7 traits clients want from their lawyers. Failure to provide those 7 traits results in unhappy clients, providing the 7 traits results in happy clients.
Why do clients not “go back” to the lawyer? The results may surprise you.
There are certain types of clients and cases that should never be accepted. They are illustrated in this chapter.
A client or case turned down today can turn into a client, or case, or referral many years from today with proper record keeping.
You must learn how and when to say “no” to a client or prospective client if you want future work and referrals from that person. Form letters are provided.
Cases that appear to have doubtful merit may become meritorious as the facts and law develop. A knowledgeable client may be willing, under certain circumstances, to pay large amounts of legal fees to achieve a goal on what appears to be a losing case.
Getting fired by a client is not the end of the world. Handled properly, the client may come back to you or refer others to you in the future. Handling the discharge poorly may get you a bar complaint to go along with an unpaid fee.
Saying “no” to a new client or new matter is hard to do. If done correctly the door to that client’s new matters and referrals will stay open. In this chapter I demonstrate how turning a saying “no” to my first case and a fee of $35 from a telephone company installer led to 19 matters and $350,000 in fees. It is a good case study for learning how anyone can be a source of new clients.
There is a right way and many wrong ways to conduct your first (and subsequent) meeting with a client, whether new or existing. This chapter contains a 17 point list of things which should be said and done from beginning to end to inspire, trust and confidence in you and your ability to properly represent a clients.
A good client may refer a person with a poor or doubtful matter which you don’t want to undertake. This chapter will teach you how to turn down the new matter but keep both the good client and the turned down client as both a client and referral source.
Communicating to a client that their case is lost is never easy. Telling a person with a new matter that they don’t have a meritorious position is also difficult. This chapter teaches you how to do it and still have a client or potential client for new matters and referrals that may arise.
Before you end your interview with a client you should have covered several points. Pilots use checklists to avoid forgetting or overlooking something important. This checklist should be reviewed at the end of every interview to be sure you have not forgotten or overlooked these key points.
Having a client personal data file (sometimes called client relations management) makes it easier to begin or end conversations with clients and others. This chapter sets forth the basics of how to maintain a typical record.
TIt is critical that you have a separate fee and representation letter for every matter. A sample letter with 37 potential points is provided.
In order to receive or pay referral fees or to divide fees with a lawyer, certain rules must be observed.
It is critical to protect yourself and the client if you decide to drop a client or matter. Sample letters are provided.
Whether or not to accept clients who can’t pay. There is more than one way to help clients who cannot pay for what they need.
Setting fees is always a huge question mark for the new lawyer and sometimes for experienced lawyers as well. Included in this chapter is the whimsical “Big Mac” formula for fee charging, which has been widely copied by others.
Often a client can afford your services but doesn’t realize that he or she can. Additional sources of client ability to pay legal fees are illuminated in this chapter.
Why you must get the potential client into your office before quoting a fee.
Foonberg’s Rule – Chanted by tens of thousands of lawyers.
How Abraham Lincoln handled new clients. You can do the same by using “Foonberg’s Rule.”
Cash fees can tempt you. Be careful!
Client costs (money expended for a client) can be a serious problem in an otherwise simple meritorious matter. Client costs being too high can result in poor service.
Foonberg’s Rule – worth reading as often as you can before accepting a new client.
Accepting credit cards can result in more net profit to you.
Financing your practice with credit cards can be dangerous, but it can be done. Read this chapter to get the fundamentals.
Cash flow is critical to success. In this chapter I suggest simple ways to ask for, and get, cash up front.
Your invoice can and should tell a story about you, what you did, and why you are entitled to payment. This chapter can help you word your invoice.
Why monthly billing is best for you and for the client.
Final Billing. Final bills are the ones that often don’t get paid. Understanding why this is so can help you avoid the problem. This chapter includes the famous “Client’s Curve of Gratitude.” This chart illustrates graphically why final bills must be sent immediately. This often copied chart was developed by me, based on a real live case, and is framed on many lawyer’s walls and desks. This one chart is worth the price of the entire book.
You may feel you are selling advice. Clients often feel you are selling them paper which embodies the advice. Read why bombarding your clients with paper is critical to your success.
Convert learning time into cash. You spend time to keep current on the law, often your clients would be happy to learn what you just learned, and be happy to pay for their education. Learn how to do it./p>
Before commencing work on a matter you should learn what out of pocket costs may be needed. The client may not realize that these costs are in addition to the fee. Typical client’s costs are listed.
Improper payment (or receipt) of legal fees to, or from, other lawyers can get you disbarred. Payments to, or from, non lawyers is playing with fire. The pluses and minuses of forwarding fees, referral fees, and division of fees is discussed.
Setting a fee and asking for it can be intimidating if you don’t know how to do it. This chapter can help you learn.
Alternate dispute resolution will be a major area of practice. Learn what it is and when to suggest it.
Knowing how, and when, to withdraw from a matter is something you must be prepared for and be able to do. Sample solutions and form letters are provided in this chapter.
You may not realize that even though you are out of your house, you are in public. This chapter will give you a few examples of unlikely clients and referrers of clients. With a better awareness you can create a professional relationship with people you’ve just met.
It is obvious that people can not engage you as a lawyer or refer legal clients to you if they don’t know you are a lawyer. A person’s initial reaction to learning you are a lawyer and your response can be crucial in developing your practice. This chapter demonstrates some common situations.
Joining clubs and organizations was once the starting point for getting clients. It no longer is. Learn how to select those clubs and organizations you should join and those you should not join. This chapter sets forth the considerations and criteria for joining clubs and organizations to get clients.
Bankers are well situated to refer you good clients, sometimes even the bank itself as a client. Learn how to be visible and to understand your banker’s limits and abilities to send you work or at least provide loans when you need them.
This chapter will demonstrate that how you answer the question, “What kind of law do you practice?” can have a major impact on success or failure in your practice development. The wrong answer causes people to go elsewhere. This chapter contains some workable solutions and responses. Chapter D-5 A may be helpful as well.
This chapter contains 64 wrong answers to the question, “What kind of law do you practice?” This chapter could be read in conjunction with chapter D-5.
We tend to wear the clothes we like to wear instead of the clothes we should wear. How you dress will in fact have a big impact on your Getting & Keeping Good Clients. Learn what to consider when selecting the clothing you wear.
The words “General Practice” are acceptable on a lawyer to lawyer basis but can cause problems when dealing with potential clients. Learn why and what to do about it.
Poor personal hygiene and cleanliness projects an image of failure and being a loser. This chapter will help you REVIEW what to double check before going into public.
Clients normally see you from the front. Judges and jurors often see you form behind. Your client sees you from behind when following you. Learn what to look for and how to look for it to be sure your appearance from behind is not negative.
Jewelry normally should be avoided unless you have a reason for wearing it. In some client getting social circles it is a plus and in others a negative. This chapter will help you decide whether or not to wear jewelry in a given situation.
Learn how to get invited by the client or potential client. Going to the place of the client or the place of the event in question demonstrates your interest and concern and flatters the client or prospective client. These visits often result in immediate or eventual employment by the client or those who work with or for the potential client.
Learn how and when to use teaching or enrolling in classes to get clients.
Speaking engagements can be an extremely good way to get new clients. They can also be a waste of time and effort. Learn how to distinguish the good opportunities from the rest. This chapter is critical in many respects to help someone who is not happy doing the kind of work they are doing or simply wants to upgrade the quality of the work they are doing. Unless you decide what kin d of matters and clients you want to handle, you will always be the victim of the next phone call or the next person who walks in the door. Learn how to do it.
These techniques will help you get maximum results from your speaking engagements.
Many potential clients will be impressed by the courts or agencies to which you are admitted to practice, and the “societies” to which you belong. Learn why and how to get admitted or invited to join.
Combining a visit to your place of origins or where you once lived can be combined into a profitable marketing event. Learn how to do it.
Well intentioned visits to help people who need help can have negative ethical and marketing consequences.
If you maintain a proper perspective and are patient, this activity can result in new clients. Learn why.
Trade shows and conventions can result in many new clients if you can “collect cards” and properly follow up with the cards you collected.
Specific Techniques are given to handle people who attack lawyers or the legal system. Learn what to say to these people.
For various reasons, you may be attacked due to the role of lawyers in defending those accused of crime. Explain how “legal technicalities” suddenly become basic constitutional rights when their child or a member of their family is accused of a crime.
In our modern world, every nation has a large number of newly arrived people who cannot communicate in the language of their new nation and may need legal help from those who can speak their native language. Learn how to get to that market.
That one work spoken in a foreign language at the appropriate time may bring you legal work.
The word for “lawyer” in 36 languages is spelled phonetically for the US lawyer to use as appropriate.
With very little effort, you can self-declare yourself as an “expert” with political connections and influence.
This letter to clients and colleagues can help you establish yourself as an expert with influence.
Sample press release for follow-up after giving testimony may or may not get reported by the media, but a copy of it on your website will look impressive.
There is a right way and a wrong way to wear a name tag. Learn the difference.
Your hotel and your class of air travel can affect both your ability to get work done while traveling and your client’s impression of your ability as a lawyer. Learn what to look for.
Learn what to do and say when a potential client with a good case already has a lawyer and asks you for advice or an opinion.
Personalized automobile license plates with a law theme may give you some ideas.
Other lawyers’ offices can be a good source of information and clients. Learn how to convert a meeting in a place outside the other lawyer’s office, which can lead to going to that lawyer’s office with subsequent referrals.
When you enter a room full of hundreds of people you don’t know, you should be thinking, “There are no strangers here, just a lot of potential clients I haven’t met yet.” Learn what to do and what to say and how to do it to get clients from a room full of people you don’t know.
TWhen you are out of your office or out of your home, you are still in public. Some of the things you are doing may be costing you potential clients. There are many things you can do in public that will enhance your name and reputation and lead to clients and referrals. A list of 20 actions you should or should not do.
Lawyers now have a wide range of choices in most states concerning what to call themselves. Your name, your title, your degrees, your email address, your website URL all can have an effect on clients and referrals. This chapter will help you understand your choices. You may find the chapter both interesting and amusing.
An overview of how management can make a difference in net income.
Time management is critical to successful professional success and balancing one’s life. The “To Do” List” is critical for effective time management. How to make and use an effective “To Do List” is explained in this chapter.
How to use a “To Do List” to achieve success is explained.
Telephone call management is critical to client satisfaction and malpractice protection. A basic simple system for keeping records of who said what is provided with forms.
Your desk is where you will earn much of your income and have many meetings with clients and others. Give thought to what belongs on your desk and where it belongs. This chapter will provide suggestions.
Accurate time records are absolutely critical in most practices either for billing purposes or management purposes. Learn at least one easy to use system. My system is explained for you to copy.
A potential client calls with a potential new matter for you. Now what? This chapter will help you prepare for that client and be ready to get started before they walk in the door.
Court forms are usually available for free from the internet or can be gotten cheaply or for free from the courts. Getting the forms and using them properly will help you practice more efficiently, especially with your first cases in the area of law involved. Learn the best practice areas for getting and using court forms.
More than 100 questions to ask when someone needs a living will or a simple will or has criminal law problem.
No need to panic when a client wants you to start a lawsuit or has a trial or hearing coming up. Learn what to do.
What to say and do in your first interview with the client or potential client.From the time you say “hello” in the reception room until you say “goodbye” in the reception room.
Clients want you to listen more than they want you to talk. Learn the basics.
A well run meeting instills confidence in you. A poorly run meeting will cause clients and potential clients to be concerned over your ability to represent them. Learn Foonberg’s 10 steps to running a meeting.
Here is a list of things you might want to do to get your feet wet as a new lawyer.
Here is a list of what lawyers do in addition to research and writing.
As a lawyer you will spend much of your time negotiating. These tips can help you negotiate any matter.
Bank accounts and bankers are part of your office requirements. The basis of dealing with both is explained.
Trust account violations are an express highway to disbarment. I will quote one sentence from this chapter, “if you ignore this section of my book, you are not only a fool, you are a damned fool.”
What to look for in a malpractice insurance policy as well as other required and useful insurances are explained.
Tax and license requirements are easy to overlook. Don’t make that mistake.
A personnel manual is an employee – employer Bill of Rights and can prevent or settle many disputes. Typical areas of coverage are set forth.
Keeping books for income, receipts and trust accounts is not optional. I have prepared a new lawyer chart of accounts for the new lawyer and the CPA.
Cash flow is essential for survival and for flourishing. A new lawyer 12 month cash flow budget form is included in this chapter.
Paperless will never be possible. Less paper is possible. Read why this is so.
Law is a paper generating profession. Even information kept in a computer is there in the event a written print out may someday be required. A simple system is enclosed.
If you already know Word or Word Perfect or another word processing system skip this chapter.
Paper files must be organized and maintained.
Is a file “prospective,” “active,” “closed” or “dead” – learn the difference.
At some point you either have to close files or else get warehouse facilities. Prepare to close the file the day you open it.
Destroying old files can be problematic. A lawyer or client may ask for the “client’s file.” What to give and what to keep is discussed.
At some point you may have to destroy a file when you can’t find the client. What to do is spelled out.
From punch cards to 8″ floppies to memory sticks the highway of law office management is littered with the corpses of equipment and systems that no longer exist or are no longer supported. This check list may help prevent a lot of problems.
There is no substitute for periodically examining the file contents. What to look for and what to do is explained. This Chapter contains excellent form letters to send to the client along with a list of who does what.
As you practice you will build form files from forms you have created and forms created by others. This chapter will help you start your form files.
Library expense for books can be a bottomless pit of wasted money. Learn alternative less expensive sources and free sources of what you need in a new
practice.
Buying library books can easily be wasted money. Read what to look for.
Email, effectively used can reduce or eliminate postage expense and express delivery expense. Learn when to use email.
Do the math. Saving 15 minutes/day can allow you to bill $6,000/year more at $100/hour, 30 minutes/day translates into $12,000/year. This chapter includes many time saving tips.
Getting the work done on time only requires a simple tickler system and an intent to overcome procrastination. Learn how to do both to get the work done on time.
Whether to try to save the expense of a receptionist is always a difficult decision to make. Read some pros and cons and then decide.
Investigators can make a weak case strong and a strong case stronger. Learn why they can be a good investment.