Jay Foonberg

How to most effectively use the information in the book to have a successful practice. Marketing skills are learned, not genetic. The book contains tools. Tools must be properly used to be of value.

A-1 WHY THIS BOOK HAS BEEN WRITTEN $0.99

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.

A-2 MARKETING – AN ACQUIRED SKILL WHICH YOU MUST LEARN – YOU CAN DO IT! $0.99

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.

A-3 THIS BOOK IS BASED ON ACTUAL SUCCESSFUL EXPERIENCES OF MYSELF AND OTHERS $0.99

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.

A-4 PARTIAL LIST OF SPONSORS OF PROGRAMS WHERE I HAVE PARTICIPATED TO LEARN THE TECHNIQUES OF THIS BOOK $0.99

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.

A-5 DEFINING PRACTICE DEVELOPMENT AND LAWYER MARKETING $0.99

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.

A-6 MORE ON WHY THIS BOOK HAS BEEN WRITTEN $0.99

This chapter should be read in conjunction with chapter A-1. This chapter emphasizes where the information in this book originated from many sources.

A-7 HOW TO START AND BUILD A LAW PRACTICE $0.99

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.

Planning for successful practice development. Winners plan. Losers take whatever walks in the door or calls on the telephone. Understanding yourself and what you want and understanding the clients you want. Make your practice more fun and more profitable.

B-1 USE MARKETING TECHNIQUES THAT YOU ARE COMFORTABLE WITH “IF IT IS FUN, IT WILL GET DONE” $0.99

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.

B-2 WHY PRACTICE DEVELOPMENT IS ESSENTIAL $0.99

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.

B-3 PRACTICE DEVELOPMENT LEADS TO A HIGHER LEVEL OF PROFESSIONAL PRACTICE $0.99

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.

B-4 INCREASING YOUR NET PROFIT BY GETTING MORE CLIENTS AND CASES $0.99

This chapter will demonstrate why your management time is usually better spent on marketing than expense reduction.

B-5 WHY YOU SHOULD UPGRADE YOUR PRACTICE $0.99

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.

B-6 WORK GENERATES WORK GENERATES WORK (FOONBERG’S THIRD RULE) $0.99

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.

B-7 THE IMPORTANCE OF PLANNING OR “WOODSMAN, SHARPEN YOUR AX” $0.99

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.

B-8 ANALYZE YOUR EXISTING PRACTICE STRENGTHS, WEAKNESSES AND CLIENT SOURCES AND WORK ON THEM $0.99

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.

How to turn down a case and keep the turned down client as a source of future work. Step by step checklist on how to conduct the client interview.

C-1 DO IT RIGHT – HOW TURNING DOWN MY FIRST CASE LED TO 19 CASES $0.99

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.

C-2 THE IMPORTANCE OF THE CLIENT INTERVIEW IN MARKETING YOURSELF AND YOUR FIRM $0.99

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.

C-3 HOW TO HANDLE THE FRIEND OF A GOOD CLIENT WHEN THE FRIEND HAS NO MONEY FOR LEGAL FEES $0.99

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.

C-4 HOW TO TELL A CLIENT HE OR SHE HAS LOST THE CASE (OR HAS NO CASE) AND STILL KEEP THE CLIENT $0.99

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.

C-5 OFFICE CHECKLIST FOR CLOSING THE DEAL WITH NEW CLIENTS AND CASES $0.99

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.

C-6 CLIENT PERSONAL DATA FILE $0.99

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.

How to conduct yourself in public places and meetings to get clients. How to “Work a Room” of total strangers to meet and get clients. Joining clubs, banks and bankers, clothing, responding to inquiries, personal appearance, teaching, speaking, political activity, attending conventions, handling people who don’t like lawyers, press releases, typical lawyer license plates, what to call yourself or your firm, and other topics.

D-1 EVERY PERSON YOU MEET IS A POTENTIAL CLIENT OR POTENTIAL RECOMMENDER OF A CLIENT $0.99

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.

D-2 YOU MUST TELL PEOPLE YOU’RE A LAWYER $0.99

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.

D-3 JOINING CLUBS AND ORGANIZATIONS TO GET CLIENTS $0.99

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.

D-4 BE VISIBLE TO YOUR BANKER $0.99

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.

D-5 THE IMPORTANCE OF CORRECT VERBAL IDENTIFICATION (“WHAT KIND OF LAW DO YOU PRACTICE?”) $0.99

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.

D-5A SIXTY-FOUR WRONG WAYS TO ANSWER THE QUESTION, “WHAT KIND OF LAW DO YOU PRACTICE?” $0.99

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.

D-6 THE ROLE OF CLOTHING IN MARKETING YOURSELF $0.99

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.

D-7 GENERAL PRACTICE VS. FULL SERVICE $0.99

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.

D-8 PERSONAL HYGIENE AND CLEANLINESS $0.99

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.

D-9 HOW DO YOU LOOK FROM BEHIND? $0.99

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.

D-10 WEARING JEWELRY $0.99

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.

D-11 GETTING AND KEEPING BUSINESS CLIENTS AND OTHER CLIENTS BY VISITING THE PROSPECTIVE CLIENT’S PLACE OF BUSINESS OR SCENE OF AN ACCIDENT $0.99

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.

D-12 ATTENDING OR TEACHING CLASSES TO GET CLIENTS $0.99

Learn how and when to use teaching or enrolling in classes to get clients.

D-13 SPEAKING ENGAGEMENTS $0.99

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.

D-14 HOW TO MAXIMIZE THE EFFECTIVENESS OF SPEAKING ENGAGEMENTS $0.99

These techniques will help you get maximum results from your speaking engagements.

D-15 GETTING ADMITTED TO MULTIPLE COURTS AND JOINING “PRESTIGIOUS” LEGAL SOCIETIES $0.99

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.

D-16 GOING BACK TO WHERE YOU CAME FROM $0.99

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.

D-17 BE CAREFUL ABOUT GOING TO FUNERALS, HOSPITALS OR ACCIDENT SITES $0.99

Well intentioned visits to help people who need help can have negative ethical and marketing consequences.

D-18 POLITICAL ACTIVITY AND RUNNING FOR POLITICAL OFFICE TO GET CLIENTS (AND EXPERIENCE) $0.99

If you maintain a proper perspective and are patient, this activity can result in new clients. Learn why.

D-19 GOING TO CONVENTIONS AND TRADE SHOWS WHEN YOU ARE NOT THE PRINCIPAL SPEAKER $0.99

Trade shows and conventions can result in many new clients if you can “collect cards” and properly follow up with the cards you collected.

D-20 HOW TO HANDLE PEOPLE WHO HATE LAWYERS OR THE LEGAL SYSTEM $0.99

Specific Techniques are given to handle people who attack lawyers or the legal system. Learn what to say to these people.

D-21 HOW TO EXPLAIN DEFENDING CRIMINALS TO CLIENTS AND POTENTIAL CLIENTS $0.99

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.

D-22 USING FOREIGN LANGUAGE ABILITY $0.99

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.

D-23 LEARN TO SAY “LAWYER” IN FOREIGN LANGUAGES FOR YOUR CONTACTS WITH FOREIGNERS $0.99

That one work spoken in a foreign language at the appropriate time may bring you legal work.

D-23A THE WORD “LAWYER” IN FOREIGN LANGUAGES $0.99

The word for “lawyer” in 36 languages is spelled phonetically for the US lawyer to use as appropriate.

D-24 GIVING TESTIMONY TO FEDERAL OR STATE COMMITTEES OR COMMISSIONS TO ESTABLISH YOURSELF AS AN EXPERT WHO HAS GOOD CONNECTIONS AND INFLUENCE $0.99

With very little effort, you can self-declare yourself as an “expert” with political connections and influence.

D-25 SAMPLE LETTER TO BE SENT AFTER GIVING TESTIMONY TO A FEDERAL OR STATE COMMITTEE OR COMMISSION $0.99

This letter to clients and colleagues can help you establish yourself as an expert with influence.

D-26 SAMPLE PRESS RELEASE AFTER GIVING TESTIMONY BEFORE A STATE OR FEDERAL COMMITTEE OR COMMISSION $0.99

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.

D-27 NAME TAGS $0.99

There is a right way and a wrong way to wear a name tag. Learn the difference.

D-28 WHY YOU SHOULD TRAVEL FIRST CLASS $0.99

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.

D-29 HOW TO HANDLE A POTENTIAL CLIENT WITH A GOOD CASE WHO ALREADY HAS A LAWYER $0.99

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.

D-30 PERSONALIZED LICENSE PLATES FOR LAWYERS 250 $0.99

Personalized automobile license plates with a law theme may give you some ideas.

D-31 VISIT OTHER LAWYERS’ OFFICES $0.99

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.

D-32 HOW TO “WORK A ROOM” AND MAKE SMALL TALK TO GET NEW CLIENTS $0.99

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.

D-33 LAWYERS CONDUCT OUT OF THE OFFICE $0.99

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.

D-34 WHAT TO CALL YOURSELF – ATTORNEY? ADVOCATE? LAWYER COUNSELOR? ESQ.? J.D.? SHARK? OR WHAT? $0.99

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.

Understanding what your client wants or needs from his or her lawyer. What you think the client wants or needs may be totally wrong. Questions to ask. Getting recommended. Cross marketing, understanding growth, setting fees, how to get disliked and the consequences. The five As of lawyer marketing.

E-1 THE IMPORTANCE OF BEING AVAILABLE $0.99

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.

E-2 ASK YOUR PRESENT AND PAST CLIENTS WHY THEY DO OR DON’T REFER YOU NEW CLIENTS $0.99

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.

E-3 UNDERSTANDING HOW CLIENTS FIND A LAWYER THE IMPORTANCE OF BEING RECOMMENDED $0.99

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.

E-4 HOW TO GET RECOMMENDED AND USED FOR LEGAL WORK THE BARBARA CURRAN REPORT AND THE TEMPLE UNIVERSITY REPORT $0.99

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.

E-5 CROSS MARKETING $0.99

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.

E-6 MARKETING AND CROSS MARKETING OPPORTUNITY MATRIX – GETTING STARTED $0.99

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.

E-6A MARKETING AND CROSS MARKETING OPPORTUNITY CHART $0.99

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.

E-7 THE S.E.X. APPROACH OF INCREASING YOUR PRACTICE $0.99

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.

E-8 FOONBERG’S UPSIDE DOWN PYRAMID OF CLIENT RECOMMENDATIONS $0.99

This simple diagram explains why client satisfaction is essential to maintaining a steady stream of new matters.

E-9 ASK YOUR CLIENTS WHAT THEY WANT FROM YOU BEFORE YOU SET YOUR FEES $0.99

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.

E-10 WHY CLIENTS CHANGE LAWYERS $0.99

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.

E-11 PERSONAL QUALITIES CLIENTS DISLIKE IN LAWYERS $0.99

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.

E-12 MAKE SOMETHING HAPPEN NOW – THE INSTANT GRATIFICATION APPROACH TO IMPRESS A NEW CLIENT $0.99

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.

E-13 BUILDING A MULTI-MILLION DOLLAR BUSINESS BY OFFERING “SAME DAY” AND “NEXT DAY” SERVICE FOR ROUTINE MATTERS $0.99

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.

E-14 WHAT TO DO WHEN A GOOD CLIENT NEEDS A BIG JOB YOU CAN’T HANDLE $0.99

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.

E-15 WHEN TO BE A MEAN, ROTTEN S.O.B. WITH A POTENTIAL CLIENT $0.99

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.

E-16 TELL YOUR CLIENT WHEN YOU ARE WORKING NIGHTS AND WEEKENDS ON HIS OR HER CASE $0.99

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.

E-17 GETTING A GOOD CLIENT WHEN YOU HAVE NO EXPERIENCE IN THE LEGAL AREA $0.99

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.

E-18 HOW TO LOSE CLIENTS BY BEING TOO COMPETENT OR TOO EFFICIENT $0.99

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.

E-19 GETTING CHOSEN BY THE CLIENT USING THE FIVE A’S OF LAWYER MARKETING $0.99

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.

E-20 WHO WILL HANDLE THE CLIENTS CASE WHEN YOU ARE SICK OR ON VACATION $0.99

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.

Marketing as a team effort with others in the office being part of the effort. Compensation systems to encourage marketing, Getting work from associates and partners, teaching staff marketing techniques, offering notary services.

F-1 MARKETING IS NOT HARD TO DO IF SOMEONE ELSE HAS TO DO IT $0.99

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.

F-2 MARKETING IS A LEARNED SKILL FOR THE ENTIRE FIRM $0.99

People are not born with marketing skills. Marketing skills must be acquired. Why and how marketing must be a team effort.

F-3 HOW TO CONVINCE YOUR PARTNERS TO TRY MARKETING AND PRACTICE DEVELOPMENT $0.99

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.

F-4 DO YOUR PARTNERS BRING IN BUSINESS? IF NOT, WHY NOT? $0.99

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.

F-5 DOES YOUR COMPENSATION SYSTEM OR WORKLOAD ASSIGNMENT DISCOURAGE FIRM MEMBERS FROM BRINGING IN NEW BUSINESS? $0.99

Examples are given of reasons firms miss the opportunity to increase fees and income, due to internal problems.

F-6 FEE ALLOCATION FORMULAS TO ENCOURAGE MARKETING $0.99

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.

F-7 GETTING BUSINESS FROM ASSOCIATE LAWYERS – ASSOCIATES CAN BE TAUGHT $0.99

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.

F-8 GETTING CLIENTS FROM NON-LAWYERS IN THE OFFICE $0.99

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.

F-9 THE LAWYER AS A NOTARY TO ATTRACT BUSINESS $0.99

By being a notary, new clients can be gotten for the firm. Some examples of how to use a notarial commission are given.

F-10 HAVING A SECRETARY AS A NOTARY AS A SOURCE OF CLIENTS AND CASES $0.99

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.

F-11 SAMPLE LETTER TO CLIENTS AND OTHERS RE AVAILABILITY OF NOTARIAL SERVICE $0.99

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.

Recognize those people outside of your firm who can refer you significant matters. Handling friends and relatives, the spouse’s role. Bar Associations, Lawyer referral services. Buying a practice, naming yourself as an executor or trustee, Getting recommendations, from judges, class mates, professors, thank you letters, referral fees, . Why present and former clients are your most valuable helpers.

G-1 YOUR PRESENT GOOD CLIENTS AND REFERRERS ARE YOUR MOST IMPORTANT MARKETING ASSET $0.99

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.

G-2 WILL MARKETING RESULT IN BACKLASH ON EXISTING CLIENTS? $0.99

If you are concerned about “backlash” from existing clients when they become aware of your marketing efforts, you should read this short chapter.

G-3 GETTING CLIENTS AND CASES FROM FRIENDS AND RELATIVES $0.99

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.

G-4 THE SPOUSE’S ROLE IN PRACTICE DEVELOPMENT $0.99

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.

G-5 BAR ASSOCIATION LAWYER REFERRAL SERVICES ARE A PROFITABLE SOURCE OF CLIENTS AND FEES $0.99

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.

G-6 NON-BAR SPONSORED LAWYER REFERRAL SERVICES AS A SOURCE OF CLIENTS AND FEES $0.99

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.

G-7 “BUYING” A LAW PRACTICE $0.99

Buying a law practice is increasingly becoming common. Some basic methods to be considered are given.

G-8 NAMING YOURSELF OR A BANK AS EXECUTOR OR TRUSTEE OR ALTERNATE EXECUTOR OR TRUSTEE, TO GET ADDITIONAL LEGAL AND NON-LEGAL INCOME $0.99

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.

G- 9 SEND THANK-YOU LETTERS TO JUDGES, WITNESSES, COURTROOM PERSONNEL AND JURORS $0.99

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.

G-10 LAW PROFESSORS, LAW SCHOOLS, AND OTHER EXPERTS AS A SOURCE OF CLIENTS $0.99

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.

G- 11 GETTING WORK FROM BIG FIRMS $0.99

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.

G-12 GETTING WORK FROM LAW SCHOOL CLASSMATES $0.99

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.

G-13 GETTING AND INCREASING REFERRALS (FOONBERG’S RULE: NETWORK THE NETWORKERS) $0.99

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.

G-14 SAMPLE THANK-YOU LETTER FOR A REFERRAL $0.99

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.

G-15 BUYING OR SELLING CASES FOR REFERRAL FEES $0.99

The fundamental considerations and basic rules for referral fees is discussed in this chapter.

G-16 CLIENT SECRETARIES AND ASSISTANTS AS A SOURCE OF BUSINESS $0.99

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.

G-17 HOW TO INCREASE YOUR INCOME FROM REFERRALS $0.99

This chapter can be read along with chapter G-13 or simply as a short summary of why referrals are so important.

Emphasizing your ethics to give clients what they want to hear. Confidentiality checklists, handling conflicts, ethics letters and pamphlet for clients and potential clients.

H-1 COMMUNICATING ETHICS AS A FACTOR IN GETTING CLIENTS $0.99

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.

H-2 OFFICE CONFIDENTIALITY AS A MARKETING TOOL $0.99

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.

H-3 USING ETHICS AS A TOOL IN PROMPTING A POTENTIAL CLIENT TO CHANGE LAWYERS $0.99

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.

H-4 HOW TO AVOID LOSING CLIENTS AND FEES WHEN YOU HAVE CONFLICTS OF INTEREST $0.99

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.

H-5 FORM LETTERS FOR FEE AGREEMENTS TO COVER CONFLICT OF INTEREST PROBLEMS $0.99

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.

H-6 MATERIALS FOR STANDARD ETHICS LETTER TO CLIENTS AND POTENTIAL CLIENTS (TO BE EXCERPTED FROM AS APPROPRIATE) $0.99

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.

H-7 SAMPLE ETHICS PAMPHLET (TO BE GIVEN TO A CLIENT WHEN ANOTHER LAWYER HAS BEEN UNETHICAL) $0.99

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.

H-8 CONFORMING TO ETHICAL REQUIREMENTS FOR MAILINGS $0.99

Read this chapter before you send mass mailings.

Getting clients from publicly held companies. Understanding why and how publicly held clients are different than smaller clients and using the differences as tools.

I-1 SOME DIFFERENCES BETWEEN GETTING BUSINESS FROM PUBLICLY HELD BUSINESSES AND CLOSELY HELD BUSINESSES $0.99

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.

I-2 RECOGNIZE THAT JOB PROTECTION MAY BE A FACTOR FOR THE PERSON WHO CHOOSES OUTSIDE COUNSEL FOR A LARGE CORPORATION $0.99

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.

I-3 GETTING WORK FROM LARGE CORPORATIONS $0.99

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.

I-4 ESTABLISHING CONTACT WITH THE TARGETED LARGE POTENTIAL CLIENT $0.99

This chapter suggests some methods to establish a first contact with a targeted large client.

I-5 BE SURE YOU UNDERSTAND AND ADDRESS THE CLIENT’S PHILOSOPHY TOWARD THE USE OF OUTSIDE COUNSEL $0.99

Understanding what a client wants and expects from outside counsel is critical to getting the client. Sample open ended questions are in this chapter.

I-6 ANTICIPATING HOUSE COUNSEL AS BEING EITHER A FRIEND OR AN OBSTACLE TO USING YOU $0.99

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.

I-7 ANTICIPATING OUTSIDE GENERAL COUNSEL AS BEING EITHER A FRIEND OR AN OBSTACLE TO USING YOU $0.99

A client’s outside general counsel may present severe obstacles to your being hired. Consider the factors set forth I this chapter.

I-8 A METHOD OF ACCOUNTING FOR LEGAL FEE EXPENDITURES BY CAPITALIZING YOUR LEGAL FEES TO MAXIMIZE PROFIT $0.99

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.

I-9 KEEPING LEGAL FEES AT LESS THAN COURT AWARDED INTEREST PLUS COURT-AWARDED ATTORNEY’S FEES AS AN INCENTIVE FOR A LARGE CORPORATION TO USE YOU $0.99

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.

I-10 BE PREPARED TO EMPHASIZE USE OF NON-LAWYERS AND TECHNOLOGY IN YOUR OFFICE, AND HAVE YOUR RATE SCHEDULE AVAILABLE IF NECESSARY $0.99

Take clients and potential clients on an office tour. Show them how your staff and technology can save them money.

I-11 BE REALISTIC WHEN YOU MARKET FOR BIG COMPANIES $0.99

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 office location, address, firm name, furnishings and decoration, introducing staff, handling calls from new clients, telephone image, mining closed files setting, marketing staff, small town practice, voice mails, returning calls, reception personnel and other procedures as important factors in getting or losing clients.

J-1 YOUR STREET ADDRESS, YOUR PORT OFFICE, YOUR BUILDING AND PUBLIC TRANSPORTATION FACILITIES AS FACTORS IN ATTRACTING BUSINESS $0.99

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.

J-2 FIRM NAME AS A FACTOR IN PRACTICE DEVELOPMENT $0.99

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.

J-3 THE PERIODICALS IN YOUR RECEPTION ROOM $0.99

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.

J-4 INTRODUCE YOUR STAFF TO THE CLIENT (PART OF OFFICE TOUR) $0.99

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.

J-5 THE IMPORTANCE OF YOUR TELEPHONE NUMBER IN GETTING AND KEEPING CLIENTS $0.99

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.

J-6 HOW TO HANDLE TELEPHONE CALLS FROM POTENTIAL OR NEW CLIENTS $0.99

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.”

J-6A HOW DO YOU SOUND ON THE TELEPHONE? $0.99

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.

J-7 AVOID LOSING A PROSPECTIVE CLIENT THROUGH BAD TELEPHONE TECHNIQUES WHEN YOU’RE NOT IN $0.99

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.

J-8 EXPLOIT YOUR CLOSED FILES – CLOSED FILES CAN BE A GOLD MINE OF FUTURE WORK – MINE YOUR INACTIVE FILES; SET UP 20-YEAR CALENDAR $0.99

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.

J-9 HOLDING ON TO MINUTE BOOKS, WILLS AND OTHER CLIENT RECORDS TO GET BUSINESS $0.99

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.

J-10 THE IMPORTANCE OF ON-TIME COMPLETION OF WORK $0.99

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.

J-11 GETTING THE KIND OF BUSINESS YOU WANT BY OFFERING “SAME- DAY” AND “NEXT-DAY” SERVICE FOR ROUTINE MATTERS $0.99

How I turned one day service on small matters into a multi million dollar practice is discussed. You might unknowingly have the same opportunity.

J-12 PRACTICING IN A LAW SUITE TO GET CLIENTS AND CASES BY REFERRAL FROM OTHER LAWYERS $0.99

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.

J-13 PHOTOCOPYING SETTLEMENT CHECKS AND JUDGMENTS $0.99

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.

J-14 SIMPLIFIED GENERAL DESCRIPTION OF MARKETING COMMITTEE OR MARKETING DIRECTOR $0.99

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.

J-15 CONSIDER RELOCATING TO GET CLIENTS $0.99

Some considerations and factors to be considered when deciding whether or not to practice in a new community. States needing lawyers are listed.

J-16 SMALL TOWN AND RURAL PRACTICE DEVELOPMENT $0.99

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.

J-17 CHOOSING OR CHANGING YOUR FIRM NAME $0.99

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.

J-18 HISTORICAL AND ETHICAL PROHIBITIONS AGAINST MARKETING OF LEGAL SERVICES $0.99

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.

J-19 NEVER LET THE SUN SET ON A NON RETURNED PHONE CALL $0.99

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.

J-20 VOICE MAIL SYSTEM $0.99

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.

J-21 GET A STAR RECEPTIONIST AND GIVE HIM OR HER THE TOOLS TO DO A SUPER JOB $0.99

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.