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After you are recommended or found by a potential client, you must be available. Learn why availability is important and how to make yourself available.
Asking a client why they do or don’t refer clients to you can reveal what you or others in your firm are doing right and what you are doing wrong to increase your referrals. Learn how to ask the right questions.
Although a person needing a lawyer may have a blood relative or friend who is a lawyer they often went to a different lawyer who was recommended by another person . A look at the numbers may be very illuminating in learning why recommendations are made.
More than half of the people using a lawyer did not go to the lawyer they knew when they again needed a lawyer; instead they went to a different lawyer who was recommended. Learn what recommenders consider when they do or don’t recommend a lawyer.
Cross marketing can increase the work you do for existing clients as well as help attract new clients. To successfully cross market requires effort. Learn what you have to do.
This chapter should be read in conjunction with chapter E-5 but can stand alone. The critical points needed for preparing a cross marketing matrix chart are given.
A marketing and cross marketing opportunity matrix. This chapter sets forth a “fill in the blanks” method of cross marketing to greatly increase your legal work for new and existing clients. This chart can stand alone and be of great help, but would be better studied in conjunction with chapter E-6.
This chapter probably is not what you may be expecting. The chapter does help you analyze your clients and categorize them to highlight areas where action can be profitable.
This simple diagram explains why client satisfaction is essential to maintaining a steady stream of new matters.
One size does not fit all when it comes to legal fees. The exact same legal services performed by a lawyer may have greatly different values to specific clients. The factors in determining how much a client is willing and able to pay and that you are going to charge often turn on non monetary factors. This chapter contains 20 illustrative questions you might ask of a client and several examples of what to discuss before quoting a fee on a matter.
When a client uses a different lawyer instead of returning to you, you not only lose the one fee, you also lose the fees from the clients referrals of other clients and the referrals of those who never became clients. Find out why clients change lawyers to avoid making these mistakes.
The traits and characteristics lawyers think clients dislike about lawyers and what the clients actually dislike about lawyers are not the same. This chapter may open your eyes to some serious misconceptions on your part.
Why speedy service at the inception of a new legal matter is so important in beginning the attorney client relationship even though a matter may have been neglected for years.
Creating a system to give clients one day service made millions of dollars for me. The client did not need one day service but they wanted it and were willing to pay for it. Reading this chapter may give you some ideas on how you might do something similar for your clients.
If you bring in a new law firm with the skills or size your client may need for a specific matter, you might lose the client forever along with that client’s referrals and the referrals of those referred. This chapter can give you methods to prevent this loss of the client.
A client or potential client may believe they need an aggressive lawyer and that nice guys finish last. Some clients, some matters and some opposing counsel make it necessary for the client’s lawyer to be mean and abusive. This chapter may help you recognize cases and clients with the ability to pay huge fees for needed legal service.
If you are going to work nights or weekends on a client’s case, be sure to call that client at home if you can to let them know how serious you personally consider their legal matter. Clients will have you giving their case such a high level of importance. Learn what to say when you call.
Using the 5 A’s of lawyer marketing. Even a new lawyer with no legal experience in an area of law can eventually build a large practice in that area starting with small cases. Learn what to say when you get an opportunity to do a large client’ s small legal case.
Sometimes a client is overjoyed by the result but is upset because you accomplished with very little effort what they couldn’t accomplish with much effort. Making it look easy can sometimes backfire. Some examples are included in this chapter.
If you can understand and recognize the Five A’s of lawyer marketing, you can provide the client what the client wants and needs. Recognizing and using the 5 A’s will get you hired time and time again.
If you are a solo or small firm you may have to address a potential client’s concern over what will happen to their matter if you are sick or on vacation. How to prepare for their questions. The L.L. Bean chart “What is a Customer” may serve you well.
It is important to understand what ABA Rules mean and what effect they can have on your practice. This chapter connects the American Legal System to our Rules of Professional Conduct.
There are those who call law a business and prostitution a profession. Law is not a business, it is a profession. Read this chapter to understand the difference and why those who declare law to be a business often are not practicing lawyers.
Those who tell anti-lawyer jokes in front of you are challenging both you and your chosen profession. Some appropriate responses to anti-lawyer jokes are offered.
Defending yourself against an ethics complaint is a lose – lose situation. Avoiding an ethics war is preferable to winning an ethics war. It is easier and cheaper to stay out of trouble than it is to get out of trouble. This one chapter covers 52 ways that well meaning lawyers can inadvertently get into trouble and how to avoid the problems.
Ten simple ways to avoid common ethics complaints are provided in this chapter.
Some consider ethics rules to be rules of conduct. Others consider ethics rules to be goals. In either case you should understand the sources of those rules.
American lawyers have only had ethical “rules” or “duties” for less than 200 years. Under the American system, unlike many other systems, loyalty is to the client, not the state nor the transaction. Understanding the history given in 2 short pages is well worth the investment.
It is important to understand the ABA Code of Professional Responsibility and the ABA Model Rules of Professional Conduct and their effect if violated.
These ten rules of trust account management will help you avoid the trust account expressway to disbarment.
What should you call yourself? Lawyer? Attorney? ESQ.? or something else? This chapter will help you decide.
Don’t assume that just because a foreign “lawyer” speaks English that he or she understands American legal ethics or American laws. You may inadvertently cause a loss of attorney client privilege by dealing with the wrong person. This chapter can help you be aware of differences in the extent of privilege.
It is becoming increasingly possible to buy a law practice from another lawyer, a sample fact situation is given in this chapter.
There are 15 areas of practice management differences that are considered important in avoiding ethics complaints. These 15 areas are listed in this chapter.
You should encourage or require others in your office to help in this marketing effort to get and keep good clients. Consider when and how to get others to help. Where to start.
People are not born with marketing skills. Marketing skills must be acquired. Why and how marketing must be a team effort.
Partners, especially senior partners are often reluctant to change anything even though the world of client relations is changing. This chapter can help you recognize some of the reasons for this resistance and offers a few suggestions at overcoming it.
Why it is urgent for all partners to be part of the marketing effort to get and keep good clients. Some of the reasons for resistance are explored and some solutions are presented in this chapter.
Examples are given of reasons firms miss the opportunity to increase fees and income, due to internal problems.
Several excellent fee allocation systems are presented which can improve the firms compensation system. The 21st century requires a fresh look at old systems which no longer work.
Why it is a big mistake when firms discourage young associates from bringing in smaller or not profitable enough matters. The reasons for encouragement are given in this chapter.
The staff in any law office can be a very profitable source of clients if properly encouraged. Some examples of what to say to staff and how to say it are given.
By being a notary, new clients can be gotten for the firm. Some examples of how to use a notarial commission are given.
By having a staff person other than yourself who is a notary; new clients and fees can be generated for the firm. This chapter details how to do it.
As indicated in other chapters, having a staff person who is a notary can generate legal fees and clients. A sample letter to clients and other is provided in this chapter.
I have tried to reduce more than 300 books and publications into this one book to help new lawyers save time and money. Many of the short chapters are the subjects of treatises. Some sources of additional help are given.
A local bar funded practice management advisor may be the best resource available to you. Listed more than 40 areas of practice management assistance they may provide.
Continuing legal education whether mandatory or not, is critical to your remaining competent to practice law. Continuing education is important in management and client relations as well. Some sources are listed consistent with your needs.
A 1932 incident revolutionized one person’s law practice income. It can help you understand how basics remain basics in starting and managing a practice.
An account receivable is 100% profit after the work is done. Proper management of accounts receivable is critical to both you and the client. Techniques for collecting accounts receivable are given in this chapter.
Getting help – the next step after this book. I unabashedly recommend a book I have written and updated 3 times called How to Get and Keep Good Clients.
This chapter contains 67 short tips to remind you of many of the things you can learn from this book.
Always do it right. Always take the high road. When you strive to “Do It Right” you will. It may take you an excess amount of time the first time you do anything, but you must still “Do It Right.” This chapter illustrates how I got my first client because I insisted on “Doing It Right.”
This checklist of about 100 things that a lawyer opening a practice must do. This list is classic and worth the price of the book by itself.
Why and how to prioritize your efforts among several groups is demonstrated. The relative importance of past clients, present clients and referrers of clients for new matters is analyzed in this chapter.
If you are concerned about “backlash” from existing clients when they become aware of your marketing efforts, you should read this short chapter.
Friends and relatives are an important source of new matters and referrals, especially for lawyers starting a practice. Some basic rules for developing these sources of clients is discussed.
Spouses or anyone in your household can be extremely helpful in improving your practice. Some examples of how they can help and what they should not do are given.
Bar association lawyer referral service can be an extremely profitable source of new clients and fees. You must understand how they function and what you must and must not do with the service and the clients they send. This chapter will give you specific steps to be taken to get those clients.
I am wary of some non bar sponsored lawyer referral service. Specific advice on what to look for and what to do are given in this chapter.
Buying a law practice is increasingly becoming common. Some basic methods to be considered are given.
Fees gotten by lawyers from probates and trusts are the subject of much public distrust and dislike of lawyers. A whole generation of “do it yourself” and “don’t use a lawyer” books and companies have evolved. Yet the simple truth is that naming oneself as an executor or trustee can generate significant legal and non legal income for valuable services rendered. Examples are given in this chapter.
The case is not over until the thank you letters are sent. Examples are given of how thank you letters can generate fees are given with appropriate warning where they may not be appropriate or permissible.
Don’t overlook your law school or law professors as client sources. Why and how they can refer your matters is explained in this chapter.
Large firms can and do refer matters to small firms and solos. How to approach the firm and what to emphasize is explained in this chapter.
You spent at least 3 years with your law school classmates. They can be important sources of new clients. This chapter explains how to do it.
Referrals from others whom you have not represented can provide a third to a half or more of your new matters. This chapter gives types and techniques for increasing your new matters from referrals.
A simple thank you letter and a simple card for a referral is provided in this chapter along with a caution of when not to send a thank you.
The fundamental considerations and basic rules for referral fees is discussed in this chapter.
Never ignore your client’s secretaries or assistants. How and when you can get legal work from the client’s secretaries and assistants is explained in this chapter.
This chapter can be read along with chapter G-13 or simply as a short summary of why referrals are so important.
Dealing with difficult lawyers, clients and judges isn’t easy but must be learned. Some tips are given.
Quality of life can be illusive for a lawyer starting a practice. This chapter contains 19 suggestions for maintaining a quality of life for the new lawyer or indeed any lawyer.
September 11, 2001 (9/11) changed the definition of Quality of Life for many people. Learn Foonberg’s Rule and use it.
This book really works. Read how it helped 100 law students and can help you.
Letting clients and potential clients know you are ethical instills confidence in the client or potential client. In this chapter some means of communicating this information are discussed. This chapter could stand alone or be read in conjunction with chapter H-2.
Clients and potential clients need assurance and re-assurance that what they tell you is private, confidential and secret. To paraphrase a TV commercial’s motto, “What happens in our office stays in our office.” This chapter includes a 58 page checklist which you can modify for “in office” and marketing uses. This list will please and impress clients and potential clients.
When you see or hear a “competitor” law firm doing something unethical, you might want to use that information to get the client to change lawyers. This chapter gives examples of how and when to consider using this method.
A conflict can have a disastrous effect. You might have to lose the client, refund all fees paid, and face disciplinary prosecution. This chapter can help you recognize a conflict that might not otherwise be apparent. This chapter can stand alone or be used in conjunction with chapter H-5.
This chapter provides sample forms to solve conflicts problems when you do not really want to lose the client. Sample clauses are included for representation of clients where there is or might be a conflict.
Clients and potential clients want ethical lawyers. This sample letter to clients and potential clients covers a large number of issues that are potentially serious problems if ignored. This letter could easily be adapted into a statement of “Our Ethical Principles” and given to clients and potential clients and/or posted to your website. This chapter could be considered along with chapter H-7.
Clients and potential clients want ethical lawyers. This chapter can be put into a pamphlet format or posted on your website to reassure potential clients of your ethical standards. These standards can also be referred to by you when you find another lawyer guilty of unethical conduct. This chapter can be considered along with chapter H-6.
Read this chapter before you send mass mailings.
There are significant differences between publicly held and closely held businesses when deciding whether or not to spend money on legal fees. Reading this chapter can be helpful in discussing legal fees with closely held businesses.
Small firms may be at a disadvantage when clients chooses a law firm. Learn some of The client’s concerns and how to address them.
Getting work from large corporations is becoming increasingly difficult for small firms. Specific advice is given on how a small firm should seek work from a large client.
This chapter suggests some methods to establish a first contact with a targeted large client.
Understanding what a client wants and expects from outside counsel is critical to getting the client. Sample open ended questions are in this chapter.
Using you may be compared to or contrasted with using in house corporate legal staff. Five good reason to use you are set forth in this chapter.
A client’s outside general counsel may present severe obstacles to your being hired. Consider the factors set forth I this chapter.
This chapter is extremely technical and should be discussed with both the client and the client’s accountants to be sure it is understood. Once understood it can work to get you big cases.
Allocating legal fees to deferred charges or prepaid expense may encourage the client to use you to keep legal fees off the P&L statement.
Take clients and potential clients on an office tour. Show them how your staff and technology can save them money.
Big companies generally do not like to deal with solos or small firms, accept this fact. Make your best effort and move on. This chapter simply explains reality.
Your street address, your postal address and where you locate your office can affect the clients you do or don’t attract. Learn what to consider.
Your firm name can and will be a factor in the clients you do or don’t attract. Learn what to consider before deciding or before changing your firm name.
Who is selecting the periodicals in your reception room? Do you understand how the periodicals affect a potential client’s opinion of you? Learn how to select periodicals. Some examples are given.
Learn why it is important to introduce your staff to a new client or potential client. This chapter also tells you and the staff person what to say at the introduction.
Learn why your telephone number is an extremely valuable asset and must be protected as part of your good will, especially for repeat work and referrals.
Almost all new matters start with a phone call before or after an email contact. Potential clients sometimes hang up without calling back if they feel their first call is being handled badly. Teach the receptionist what to say and do when the caller says those magic words, “It’s a new case” or “I’ve been recommended to you by Mr. Smith.”
Record and listen to your own voice after some calls. You may be shocked at what you hear. An 11 point check list for increasing profitability and client satisfaction is provided for the attorney and the staff.
It is extremely important that telephone calls be properly handled when you are not available. A checklist for lawyers and staff is in this chapter.
When a matter is closed, the client will almost always require some future work relative to the matter. Lean how to project the clients future needs and turn your closed files into a gold mine waiting to be mined. Common examples are given.
The pros and cons of holding on to client wills and business records to get future work is discussed in this chapter with issues to be considered.
On time delivery of work as promised is an extremely important factor in when a client decides whether to return or refer others. When not to allow the client to rush you and what to do when you can’t do the work timely is discussed with some explanations to be used.
How I turned one day service on small matters into a multi million dollar practice is discussed. You might unknowingly have the same opportunity.
If you are a solo or small firm, you should consider the possibility of practicing in a law suite. What to look for and what to consider are discussed in this chapter.
Settlement checks can be a powerful statement of what you can do for potential clients. Learn how to use settlement checks to attract new clients and referrals.
Someone has to be in charge of marketing whether it be a solo rainmaker or a staff person. Learn the basics of what must be done. Systematically install a good marketing plan.
Some considerations and factors to be considered when deciding whether or not to practice in a new community. States needing lawyers are listed.
Small town lawyers have provided me with a list of how small town lawyers practice differently than large city lawyers. It is worth reading these 8 tips.
Fictitious names and practice descriptive names are now permitted in many states. Internet addresses can be a factor in client growth. Why you might consider a firm name change is discussed.
American lawyers should have learned this information in law school. This chapter can be invaluable reading for staff or others who do not know this history of our profession. This chapter provides a very good overview and history.
Prompt returning of telephone calls is critical for getting repeat matters and referrals. Lean why. Learn what to do when you can’t promptly return a call.
Voice mail systems (including voice recognition systems) can easily anger clients and potential clients who do not want to have to navigate through “voice mail hell.” A poor or complex voice mail system may be an investment that costs you money rather than make you money.
A star receptionist can make a lot of money for you. A bad receptionist can cost you clients and potential clients. Hiring a poor receptionist because he or she is cheap can be a serious mistake. Learn how to help your receptionist do his or her job properly.
Having a professional card is essential. What to do when you are asked for a card and you don’t have a professional card with you.
Shaking hands and exchanging cards with the person(s) sitting next to you can result in large fees. Read this true story.
There are at least twenty different things that could be on your card. This chapter suggests what to do and what to avoid.
Giving out cards as often as possible can result in legal work from someone long after you’ve forgotten giving them a card.
How Starting a conversation can lead to giving a card and future legal work.
Receiving cards can be more profitable than giving them if you know what to do with the cards. This chapter contains several suggestions.
Bombarding your clients with paper is important. This chapter explains why the clients want letters and how the clients use them.
Adding staff or changing an area code or zip code gives you an opportunity to communicate with clients and add additional information. A sample letter is included in this chapter.
Sending press releases give you an opportunity to send copies to clients and potential clients and to post a copy on your website even if the media ignores it. Samples are given.
Reading advance sheets and journals can result in happy clients and increased billings. A simple system is explained.
Sample letter to accompany advance sheets sent to clients is explained.
Some mailings to clients can and should have copies sent to the clients advisors who can generate work for you from other clients with similar problems are given.
Clients love correspondence. Learn how to send “For Your Information” letters, emails and faxes. Chapter includes sample forms.
Clients and potential clients always want to know about new laws which may affect them. The chapter includes a sample notification letter.
Clients become concerned when there is no contact from you. This sample letter helps overcome their unease.
Giving your clients “do it yourself” manuals help them save money and see your name more frequently. These manuals often become the source of new clients. Typical types of law where manuals can be helpful are listed along with instructions on what to put in the manuals.
Once you have done research on a legal point for a client you have a product that can provide a lot of favorable public relations. How and where to use the memo is explained.
Every lawyer should send Christmas cards or Season’s Greetings cards depending on the lawyer or the clients. The reasons for sending them are discussed as well as email “cards,” and what should be written on the card or enclosed with the card.
Sending a Christmas card in July may not make much sense, but after reading this chapter you might change your mind.
This chapter might motivate you to expand your Christmas card list.
How surveys can help your practice. A sample survey form is included which can easily be modified.
This chapter contains a sample form to get feed back from clients as well as establishing a client data base and immediately spotting your own strengths and weaknesses.