Word-of-Mouth Marketing on the Rise

It’s no surprise that word-of-mouth marketing is effective, but when brand managers combine it with the power of social media, they see greater campaign success, all while spending less money. A recent study in the Journal of Consumer Research found people on social media often form opinions or make judgments about products and services based on the opinions of those they follow.

So how can you use the power of the influencer to bring more business? Experts say tap those traditional and non-traditional media outlets early and often when ANYTHING newsworthy happens in your practice area.  What's newsworthy? Any news indicative of a trend, the utilization of new law, the conclusion of a case involving new use of a old law, bold faced names, big dollars, and of course, the tried and true local perspective on a national news topic. 

Maintain a steady stable of media influencers you reach out to with these story ideas again and again.  Then when you do get published or your interview is broadcast, spread the news far and wide through your social media pages and e-blasts among your contact list.

Increase Your Firm's Facebook Likes in No Time!

There has been growing concern regarding organic reach for law firms on Facebook, but nevertheless the social network remains an important part of having an effective marketing strategy. When you consider that Facebook has over 1.3 billion active users, it is easy to see why it is such a valuable source of traffic for law firms.

However, to leverage this potential, you need to have a business page set up and you need to make sure that it has plenty of "likes" (note that you must create a business page for your law firm rather than using a personal profile).

Click here to see the infographic with step-by-step instructions!

Winning Women Publication Nominations

'Winning Women' Nomination Form
Texas Lawyer is seeking nominations for "Winning Women," a special section to be published this summer profiling outstanding female Lone Star State trial and appellate lawyers.

Submit your nomination here.

The deadline for nominations is 5 p.m. Monday, June 2, 2014.

Read more: http://www.texaslawyer.com/?slreturn=20140316092543#ixzz2z3VxTS8F

Hate Marketing? You Are Not Alone

By John O. Cunningham           

Here are 10 common attorney objections to marketing and sales, along with insight and advice to law firm marketers on how to understand and work with the anti-marketing mindset.

I have been intrigued by a question posed to the Legal Marketing Group of Linked-In that has sparked a blaze of comments from literally dozens of legal marketers and lawyers around the globe.

The simple question that has captured the imaginations of so many was essentially this: “What is the reason that most lawyers dislike the concept of marketing?”

One of the interesting things I noted from the lengthy conversation thread was that nobody disagreed with the premise that lawyers generally seem averse to marketing.

In fact, participants offered numerous examples of actual statements from marketing-phobic lawyers who were encouraged to step up their game. These comments included such stunners as these:

       • “It is unprofessional to sell.”
       • “Marketing makes me feel like this is a business.”
       • “If I made 3 calls a week, I would be out of people to call in 3 weeks.”

And here is one that I heard at a meeting recently, which is in a similar vein:

       • “If we sent out newsletters and hosted seminars on legal developments for clients, then they would be less likely to need our help in litigation.”

I also noticed that the explanations offered for this attitudinal phenomenon generally fell into one of 10 different categories. So, based on this global conversation and my own experiences, I decided to write an article about the 10 basic reasons that lawyers are uncomfortable with marketing, and some solutions that marketers can use to minimize this discomfort or even eliminate it.

Here are the 10 biggest reasons why lawyers shun the concept of marketing, and some ways that you, as a legal marketing pro, might help these lawyers to overcome their aversions:

1. “Marketing violates our traditions and/or professional ethics.”
This objection comes in various flavors, such as “marketing is just trickery” or “sales and marketing are the same as ambulance chasing.” Some lawyers, even young ones, are somehow stuck in an ancient era when sales and advertising were in fact violations of professional rules. Many of these lawyers truly believe that attempts to reach out to clients are just plain wrong.

SOLUTION: Try a Q&A lunch seminar with a lawyer from the state bar ethics office. The state bar ethics counsel is used to answering questions from lawyers about where ethical lines are drawn, and they are usually happy to help bar members understand what is considered “professional” in the way of marketing.

Ethics counsel often sees and can discuss what other firms are doing to reach out to and connect with clients. Marketers too can learn a lot about nuances of jurisdictions in which they work. In most states, the professional rules primarily prohibit deceptive marketing that might constitute fraud or misrepresentation, but there can be quirks (such as prohibitions on Website testimonials, or on the use of “representative successes” without proper disclaimers).

2. “Clients hate being sold something.”

Sometimes this objection is really a “projection.” Many lawyers set up barriers between themselves and the outside world in the form of call screeners, frosty demeanors and social firewalls based on fear of who might “get in.” Other times, lawyers are just truly concerned that clients will feel that “outreach” attempts are intrusive and mercenary.

SOLUTION: Bring in some clients who have been successfully wooed by the firm (or better yet, by other firms) to explain what forms of outreach they like and what forms they disdain. Let the clients speak for themselves about what kinds of “pitches” worked for them, what kinds of newsletters or content made them pick up a phone to call, or what kinds of unsolicited referrals or introductions favorably influenced them.

The lawyers will soon learn that most clients want value, and are eager to hear an original, succinct value-oriented pitch that is respectfully made. Marketers too can learn just what clients hate, as that is equally important.

3. “My time is better spent on ‘real work.’”

This objection is more than just a marketing “put down.” It is a comparative assessment of what activity will give them the most return on investment (“ROI”): marketing or legal work. Behind this objection, there is a certain noble feeling that producing great quality work and rendering great service is more valuable than boasting about the results.

The implicit assumption, unsubstantiated by any empirical proof, is that more client work will come in the door if a legal service provider just focuses 100 percent of his/her energy on being the best lawyer he or she can be.

SOLUTION: Try bringing in a business school professor, who can speak at great length about businesses with superior products that went out of business or missed opportunities because of marketing failures. They could talk about the fact that Xerox invented the majority of early advancements in personal computing, but failed to sell them, or they could talk about the early market dominance of Microsoft over Macintosh, despite the clear functional superiority of Apple products. You could also call in someone who studies professional services marketing to explain how some firms have improved revenues per professional and gross revenues through conscious focus on better marketing while other firms, historically known for “good work,” have disappeared or failed to grow significantly in an increasingly competitive environment.

4. “Marketing is a distinct profession so I could do more harm than good with it.”

I was surprised to see this comment, or some variation of it voiced by participants who were lawyers, but it made sense after I thought about it. That’s because there is a really genuine feeling about the importance of professionalism among lawyers, and they generally care a great deal about doing things right. Lawyers are also trained in the art of anticipating what can go horribly wrong if things are done incorrectly. Thus, some lawyers would simply prefer to leave the marketing to marketers. This would be wonderful but for the fact that marketing cannot just be delegated, and it requires some degree of involvement of the lawyers in their own business. The attitude of “I will do the work and you just make the sales” is not functional. Lawyers have to allocate some time toward working with their marketing professionals and/or clients and prospects.

SOLUTION: This objection to marketing involvement can be difficult to deal with because it is based not on any demeaning attitude toward marketers, but on a presumed level of super-competence that does not exist. As a former General Counsel, I am inclined to call the attention of these objectors to their problem clients – the ones who are always in trouble. These are generally the clients who have the exact same attitude about lawyers. “Just let me run my business and you keep me out of trouble or fix the problems,” is their attitude. You can explain that getting good results in marketing is no different than getting them in law – it requires involvement and teamwork and not just delegation. You might even consider calling in an outside expert who can explain how and why involved lawyers get better marketing results.

5. “I went to school to practice law and not to run a business.”

I have heard this complaint in my experience more than any other. It is hard to put into words just how much some lawyers resent “business.” They believe they entered a noble profession that is somehow distinct and divorced from business, as well as the laws of economics. Many lawyers with this attitude see marketers as a kind of virus that has infected law firms with obsessions about sales and revenue, productivity, efficiency and other bothersome concepts. These lawyers not only resent marketing, they view it as the likely cause of client-stealing, competitiveness and other problems they have to conquer while practicing law.

SOLUTION: This is another tough one. These lawyers basically don’t trust professional marketers and see them as the enemy. You might be better off avoiding them, but you have to consider their potential impact on your professional career. To build trust with them, you might have to work on making deeper, personal connections with them first. You might have to listen a lot, resist the urge to prove them wrong, and just ask how you can help them survive in this modern dog-eat-dog world. Again, I am reminded of the position that General Counsel must defend against some business people who believe that business was just heaven before the lawyers wrecked it.

These people often think that lawyers create problems and disputes that would not otherwise exist. For people like this, you eventually have to help them to discover for themselves that they are blaming the thermometer for the fever. Lawyers did not invent trouble, and marketers did not create competition. They both just help you to survive it (or not).

6. “Lawyers have nothing ‘hard’ to sell so marketing does not apply to us.”

This objection comes from attorneys who believe that sales are for widgets and not for services. In fact, there are advertising firms that will tell you that the reason there are no ads for big advertising firms is because advertising does not yield the same ROI for services as for products. Ad firms invest their own money in other ways of connecting with professional services clients. So there is some rationale behind this thought, but it confuses advertising with marketing.

SOLUTION: Find a way to explain to lawyers that advertising is not marketing. The discipline of marketing is essential to ALL organizations that rely on revenue to survive. Why? Marketing is the study of why your clients buy your services, what services they buy, when and how they make buying decisions, what they are willing to pay for your services, what would make them buy more, what other services they want from you, what causes them to defect and what causes them to recommend you to others. In short, it is the essential understanding of how your cash register rings. You might consider calling in successful marketing experts from other professional service disciplines to explain how they grew their practices with effective marketing. You might also consider calling in a business professor who studies professional services firms. Remember, lawyers are evidence-oriented and they value credentials as well.

7. “This is simply outside of my comfort zone.”

Some lawyers are candid in saying that they are just plain uncomfortable with marketing. They can’t explain it, and they might not object to it in any cerebral way. These lawyers are not saying that marketing is bad, or that it does not apply to them. They are just afraid of it.

SOLUTION: For lawyers like this, you might just have to take baby steps. If they believe that referrals are the way to build a client base, then show them incremental steps they can take to get more referrals. If they fear human contact, then get them to write some content and show them how they can place that content on blogs, JD Supra or other sites to get more exposure. Remind them too that their clients are another lawyer’s targets. When their survival instinct kicks in, their comfort zones will grow.

8. “I do not have any spare time – I’m already busy.”

This objection sounds a lot like the one that “my time is better spent on real work.” But there is a difference. The lawyers who think they are too busy for marketing are not skeptical about marketing efficacy. They are afraid of having more clients or having clients of their own. How would he or she serve them with so much to do already? Often these lawyers are senior associates or younger partners who are already in great demand by rainmaking partners who want them to do the grunt work. They are afraid of growth and many are naïve about the value the firm attaches to their ability to spew out work when it is handed to them.

SOLUTION: Lawyers of this variety believe they have no need to grow their client base if they have one at all. Often they are busy because they are great service providers, even if they are not good rainmakers. These attorneys would be more invested in marketing if: (1) they understood its critical importance to internal survival and advancement; and (2) they believed that the firm would help them to find ways of supporting additional clients of their own with more associates, more productive technology applications, or whatever.

The first hurdle is not so hard to overcome. Just introduce these busy lawyers to some formerly busy lawyers who are more senior and were let go during a downturn because they were replaceable with younger, cheaper labor. Rainmakers are not released by any firm — grunts are. The second hurdle is harder to overcome because, in fact, senior leaders at many firms do not want to support rainmaking by “drones” that could become internal competition. The current rainmakers may like things just the way they are, thank you. Your biggest challenge might be getting firm leadership to commit to growth that comes from all levels, and to the infrastructure necessary to support that growth.

9. “We survive on referrals – marketing is a waste of money.”

This is another common refrain, and in fact, I have known many lawyers who have told me that 90 percent of their business comes from referrals, mostly from other lawyers. Of course, these same lawyers have told me that they spend all of their business development time in bar meetings and conferences because of that reason. It never occurs to them that if they spend 100 percent of their time with lawyers, then it is not surprising that more than 90 percent of their referrals come from lawyers. 

They also don’t necessarily think that when they strike up a conversation with a referral source about their current cases or matters, that they are “marketing.” Thus, they see no value to marketing, and they never ask how 10 percent of their clients found them without a lawyer referral or how more of those clients could find them. They also don’t spend any time studying why some sources produce plenty of referrals and others none. That would be marketing.

SOLUTION: You cannot question the fact that referrals are important. In a service business they are critical. ALL clients want to know that someone else got served well by a professional that they will entrust with vitally important and often sensitive, confidential matters. They trust a lawyer they have never met because someone they know and trust said that lawyer was excellent. You need to assure these lawyers that marketing is a way of nourishing, leveraging and expanding on the trust of a referral network, and that marketing is NOT an attempt to replace traditional referral networks.

You might also need to show them a few examples of how marketing activities could bring them more referrals (for instance, by enhancing communications with existing referral sources and with prospects who might become new referral sources, such as currently satisfied clients who may or may not be lawyers). Bring in another lawyer for “show and tell” who has already expanded his referral network with the help of that crazy discipline known as marketing.

10. “I know how to market – we don’t need you.”

Lawyers in this category may be somewhat successful rainmakers who just don’t see your professional value. Of course, the best rainmakers love to connect with people and love to expand their outreach, so they are likely to pick your brain aplenty for any extra advantage they can find (much as the best athletes in the world often hire more personal trainers and coaches than ordinary athletes). It is these somewhat successful professionals who are more likely to convince themselves that you are unnecessary because they are presumptively smarter than you.

SOLUTION: To work well with these lawyers, you must establish some level of trust in your competence and your credibility. Credentials might help, but endorsement by one of their peers who has benefited from your work is better (try getting an endorsement from a rainmaker that you have helped).
Again, offering to listen to these lawyers and taking them in baby steps toward more effective marketing can open their minds just a little. Trust is not built overnight. Small gains that are made with patience and understanding are critical to winning hearts and minds.

Well, there you have it: 10 big objections lawyers have to marketing and various ways that you can try to overcome those objections. I hope that legal marketers find this piece to be of some value, and I hope that some of my suggested tips prove useful. Let me know what you think.

July 2012.           

John O. Cunningham is a freelance writer and communications consultant who practiced law for nearly 17 years, serving for more than 8 years as Chief Legal Officer and General Counsel to a publicly held company and to a subsidiary of a Fortune 500 Company. For contact information and details about his work and his marketing/communications services, check out: http://johnocunningham.wordpress.com.

Attorney Groupon? ABA Issues Guidelines

We've all seen and possible taken advantage of Groupons for car washes, laser tag, maybe even dinners out.  But hiring professional legal services via a coupon sounds far fetched right?  Not necessarily.  In response to inquiries from attorneys across the country who want to utilize this marketing tool, the ABA has issued an official ethics opinion and it can be found here: 

ETHICS COMMITTEE FORMAL OPINION 465:

Daily Deals Can Be Structured to Comply With Ethics Rules

• The ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion that coupon deals can be structured to comply with the Model Rules of Professional Conduct (the “Model Rules”).
• Critical to this decision is the Committee’s conclusion that the payments that go to group marketing programs do not amount to fee sharing in violation of Model Rule 5.4.
• The Committee identified examples of two ways in which these deals may be structured: 1) In coupon deals, a lawyer could sell a $25 coupon for a 50 percent discount on up to five hours of legal services; and 2) In prepaid deals, a lawyer could charge $500 for up to five hours of legal service, a value of $1,000.

COUPON DEALS:

• According to the Committee’s Opinion, the funds collected from coupon deals are not considered legal fees under Rule 1.15 (c).
• Therefore, the amount collected from coupon sales may be deposited into the lawyer’s general account.
• The purchase of the coupon simply established the discount to be applied to the cost of future legal services.

PREPAID DEALS:

• Prepaid deals are more concerning to the Ethics Committee.
• The ABA Opinion states that the money collected in prepaid deals amounts to advance legal fees – and must be identified by applicable purchaser name and deposited into a trust account.
• The lawyer will have to obtain sufficient information about deal buyers in order to comply with the Model Rules.

COUPON DEAL THAT IS PURCHASED AND NEVER USED:

• The Opinion states that a lawyer can retain the proceeds of a coupon deal, as long as the offer explains that there will be no refunds.
• However, money collected in a prepaid deal will likely need to be refunded to avoid the ban on unreasonable fees.

CONFLICT OF INTEREST:

• According to the Committee’s Opinion, if a lawyer cannot perform legal services because of a conflict of interest or other ethical obstacle, a full refund is required, even if the deal is structured as a coupon.
• Under these circumstances, the lawyer is required to refund the full amount paid, including any fee retained by the marketing organization.

TAKE AWAY:

• Groupon-type marketing initiatives are commonly used in many product and service industries.
• Now, lawyers may take advantage of the effective promotional platform.
• But as the Opinion cited here evinces, lawyers must proceed with caution to ensure that their marketing activities are in compliance with the Model Rules and applicable state bar association rules.

How To Choose a Good Picture of Yourself

I love this post from Larry Bodine!

Speaking to a group of lawyers recently, I advised the attorneys to be sure to put a color picture on their LinkedIn profile. Afterwards a man confided in me that he hated getting a picture taken. He never liked how he looked -- and I totally sympathized.

I recommended he visit a professional photographer and then ask his friends and family to choose the best picture. That took the decision out of his hands. He was slim and mature and I told him he had nothing to worry about. He still wasn't happy about it.
When I look at pictures of oursleves, many of us are our worst critics. Here are some tips to rebut the inner fault-finder:

• Do not go into a bathroom and take a "selfie" with your cell phone camera, unless you're using the photo on a dating site for teenagers.
• Do not use an outdated photo when you were younger and prettier. When people see you in real life they'll be struck at how much older you've gotten.
• Go ahead and get a picture taken when you're heavier than usual. Chances are you'll get more fit and when people see you they'll be impressed that you look better.
• Dress the way you ordinarily do at work. Over the last 10 years I have visited a lot of law firms and casual dress is the norm today. When I do see a man in a suit and tie, it appears that the guy is trying too hard.
• Ladies, wear something that flatters you. Do not wear tight or stretchy clothes unless you're a runner or someone in their 20s. If you have to ask your man whether the outfit makes you look fat -- it does.
• Don't make a giant grin if it turns your face big and round. Try a Mona Lisa smile instead.
• If you have a double chin, position yourself so that you look up at the camera. This pulls your neck skin tighter.
• Should you have an eagle beak, look straight into the camera. Singer Joan Baez used this technique successfully.
• Wrinkles are OK in my book. Even kids nowadays appreciate the look of experience.
• Read Is Your Attorney Headshot Telling the Real Story?

If there is something about your appearance that troubles you, spend the money to pay a professional who knows how to make people look good. Lighting and angles make all the difference. 
Photography is digital nowadays, and a pro will edit out your moles and splotches.

And just for fun go to Fiverr.com, where artists will do anything for $5. I sent a photo to an artist in the UK who turned it into a cartoon. I now use it for my Twitter Avatar.

Keep Up to Date on Your Advertising Ethics Rules!

I was lucky enough to attend the recent LMA luncheon with Gene Major, director of the Advertising Review Committee for the State Bar of Texas.  Gene was explaining how to navigate the tricky social media and traditional media labyrinth of the Bar to make sure lawyers stay compliant with the rules of professional conduct.  In an effort to break down the complexities of what lawyers need to know we will list the media medium and follow with the rules.

• Twitter: as long as the content is editorial in nature and doesn't include a direct solicitation for business: "Call me for a free referral", it does not need to be submitted to the ARC for approval as an ad.  A lawyer/law firm's Twitter page may include links to the main website with "business card-type information" such as firm name, number, address and principal office.

• Facebook: Same as Twitter (see above)

• You Tube: video content must be editorial in nature absent a direct solicitation to avoid submitting for approval. However, each video may include a link to the main website's URL and a phone number.  This is also great for search engine optimization.

• Linkedin: Content must be editorial in nature and, once again, can include "business card-type" information. Endorsements from clients and other attorneys are fine as long as they are truthful and don't present the attorney as having some sort of specialization that is in fact not true.

• Website:All pages must be reviewed by the ARC after they are created as the website is considered a public media ad.  Actors or models may not represent attorneys.  Monetary verdict results can only be listed one of two ways; the full amount with fees delineated, or net to client.

• Messaging content: Content may not portray the attorney as having any sort of "expertise" or "specialty" unless it is substantiated by a professional designation of some kind.  Language that is permitted includes; "limits practice to", "focuses on" "concentrates on".

•  Email blasts: ADVERTISEMENT must be in the subject line.  Firm name, principal office must be included.  There must be language as to how the attorney came to be in possession of the recipient's email address.  In other words, how the recipient "opted in" to receive the emails.

• Blogs: Must be educational/editorial in nature to not be considered a public media ad.  Can contain business card-type information.

• ARC correspondence:  Lawyers must retain all records from the ARC for four years.  Anytime anything is submitted for approval and correspondence is shared, the attorney must retain those records.

• Announcements in attorney publications:Attorney to attorney announcements are largely unregulated by the ARC unless the lawyer is falsely presenting themselves as having some sort of specialty.

• Billboards: Must be reviewed and contain the firm name and principal office or offices.

• TV ads: Must be reviewed and contain information with firm name and principal office or offices.

• Radio ads: Must be reviewed and contain the firm name and principal office or offices.

• Advertising after a disaster: For 30 days after a disaster no direct email or regular mail contact is allowed.  Billboards, TV and radio are not considered direct contact, but of course, they must be submitted for approval. 

• Direct mail: ADVERTISEMENT must be prominently displayed on the envelope and in the correspondence inside. Mail piece must have firm name and principal office listed.

Approvals by the ARC are done in two ways and each costs $75 and requires a bar card number by a submitting attorney.

• 25 days for pre-approval (advertising piece cannot go out until approved)
• 40 days for concurrent review(advertising piece can go out but campaign must be stopped immediately if request is denied)

Click here to download the submission form

Managing Partner Survey Highlights Top Marketing Trends on Texas

A recent article in Texas Lawyer highlights the avenues more Texas firms are pursuing to attract clients in our relatively healthy economy.  Among the discoveries of the 42 Texas respondents for the most effective marketing tools:

1. Branding 58%
2. Website 53%
3. seminars 50%
4. Entertaining 34%
5. Writing articles for trade publications 26%
6. Charitable involvement 24%
7. Advertising 11%
8. Client survery 11%
9. Client newsletters 5%
10. Cold calling 3%
11. Brochures 2%

Apple's Biggest Marketing Secret Revealed in Federal Court

Apple no longer actually needs to do ANY advertising when it launches new products, marketing chief Phil Schiller testified Friday in the Apple v. Samsung patent trial in a San Jose, Calif., federal court.
Instead, the company relies on these two strategies:

• Rely on the media to create buzz for its products through positive reviews.
• Product placement in TV shows and movies.

The media is so reliably disposed to favor Apple's products that when the iPhone was launched in 2007, the company didn't do any advertising for a period, according to Bloomberg:

Schiller, discussing the iPhone, said Apple decided not to pay for any advertising during a brief period after the device was introduced in January 2007 and when it went on sale later in the year.

"We didn't need to," Schiller said. He read from several rave reviews of the iPhone and iPad, explaining that such stories did a better job than advertising to build buzz.

Apple also relies heavily on product placement, Bloomberg says:

"We would love to see our products used by stars," Schiller told the jury.

One of Apple's employees works closely with Hollywood on so-called product placement so its gadgets are used in movies and television shows, Schiller said.

None of the tactics are a surprise. Anyone who has ever watched a movie or a TV show has seen actors turning to their iPads and MacBooks as props.

But Apple, famously, hates talking about its own advertising and marketing. That's why it's so interesting to hear one of Apple's senior executives actually say this stuff aloud, on the record.

Read more: http://www.businessinsider.com/apples-biggest-marketing-secret-just-got-revealed-in-federal-court-2012-8#ixzz22s1cHxFx

Start Your Business New Year Off Right!

Be always at war with your vices, at peace with your neighbors, and let each New Year find you a better man. ~Benjamin Franklin

In that regard lets take some time to examine the year ahead and how best to position yourself and your firm for your particular goals in three steps.

Step one: make a goal

Write down where you want to be this time next year. Take a lot of time with this. Really think it through. Do you want to work less but maintain your current revenue stream? Do you want more billable hours? Do you want more of the kind of client you most enjoy working with? Whatever it is take the time to complete this step.

Step two: make a plan

If your goals include targeting particular clients and getting more business from them (as most goals usually do) understand that the most effective and immediate way to get new business is to get more business from the clients you already have or had. The best way to do that is to connect with that client, either in person by paying them a visit at their office or by taking them out to lunch. Your purpose is twofold; one, see if they have a need to expand your services and two, ask for referrals. These referrals can also include offers to speak at professional organizations your clients belong to. Consider your client base and write down the names of those clients you can call. Try and arrange one of these meetings a month. Everyone has time for that.

Step three: evaluate your success

Analyze your current marketing strategies. To do that, make a list of five things you currently do to market yourself, your practice group or your law firm. Rank them in the order of what works best. To help you determine what works best, consider the activities that bring in the most profitable new clients, develop most referral sources or generate the most inquiries. And set quarterly goals for yourself in 2011 to determine if your efforts are paying off. There is no use investing time and energy in something that’s not helping you achieve your goal, at the same time, be realistic about the timeframe required to help you achieve your particular goals.

Go forth and good luck!

Wisconsin State Bar Wins Fight Over Dues-Funded PR Campaign

A federal appeals court has upheld the Wisconsin State Bar's use of mandatory dues to pay for a public image campaign in 2007.
A group of Bar members challenged the use as a vilation of their First Amendment Rights and lost before an arbitrator and a federal magistrate judge before taking their case to the 7th U.S. Circuit Court of Appeals.

In a ruling last week, a three judge panel too sided with the bar, finding the PR campaign was "germane" to the State Bar's legitimate purposes of improving the quality of legal services, and therefore could be supported with mandatory dues.

Law Firm Marketing Tips in a Recession

This post comes courtesy of Larry Bodine and the Law Marketing Portal. Some things to think about as a shaky economy starts trickling down to legal services.

If there's one constant, it's change. Business cycles ebb and flow. How well your professionals and your firm perform depends largely on how well you and your leadership team manage change. It's amazing how fast change occurs. Your slow-to-change partners may be petrified in these times, yet it's critical that you dissect your core strategy. Is it still relevant? Is it forward-looking? Analyze your clients, your services and your ability to deliver them efficiently. Closely review existing operations to ensure that resources are deployed in areas that add the most value. This is not the time to carry on marginal activities or to waste resources on initiatives that do not contribute to your future.

In a dicey economy, your firm faces numerous challenges. Among them:

The economy may be in the toilet but if you manage your resources wisely your firm will continue to outperform competitors who are more comfortable wearing blinders than seeing how outside events and trends will affect their firm.

Clearly define partner roles and responsibilities thus increasing accountability.

Consider sourcing technology as a method of staying competitive while maintaining costs.

Commit to the core values that enhance strong management.

Find your differentiator, as a firm and as an individual.

Performance maintenance is a three-part process that involves performance management, recognition and discipline.

Re-evaluate practice areas that generate revenue without profitability.

Don't assume that changing how you compensate partners will change partners' behavior.

Target companies in thriving industries while protecting your "crown jewel" clients with frequent visits.

Strategic marketing means marketing smarter rather than harder.

Full-time professional business developers are becoming a reality in mid-size firms.

Acquiring firms aren't as interested in picking up a client base if they don't also inherit the talent to manage the client base.

Establishing a firm-wide learning culture should be a major strategic objective.

Technology allows enterprising professionals to create a completely new type of firm.

Formula-based compensation doesn't factor the new demands of management and leadership.

It's getting harder for smaller firms to dictate their terms in an upstream merger.

Succession planning, or the lack thereof, is a driving factor in the wave of firms merging upstream.

The differences between advertising a product and a professional service are rarely understood, which makes most professional service advertising abysmal.

This is a relationship business which will be enhanced through online social networking.

Optimizing productivity per person will require better use of technology, training and documentation.

Decide whether it's time to fire clients because of, or change your involvement to reverse, unprofitable pricing, payment problems, difficult relationships and opportunity costs.

Don't forget to focus on health issues, providing incentives and/or vehicles for improved fitness firm-wide, which may lower the cost of medical benefits but will improve performance.

Firms will switch to web-based applications because they are more stable, secure and cost effective, and always available. Where there are challenges there are solutions and opportunities.

Litigators: Market Yourself as a Case Settler

This post comes courtesy of Larry Bodine, of the Law Marketing Blog. I think it a very interesting view on marketing to your audience. Many litigators think they should position themselves as the "Perry Masons" of the courtroom- a white knight attorney who will fight for a client to the death. In reality, a client involved in expensive litigation really just wants to make the case go away with some money left in their pocket and their business and reputation intact.

Thats why Larry Bodine advises his clients; "If you are a litigator, the best way to get new clients is to market yourself as a risk reducer and problem avoider. Most litigators make the mistake of marketing themselves as fire-breathing trial lawyers. But the better approach is to say that you will keep clients out of court, save them from even having to answer a lawsuit, and prevent them from having to appear at a deposition.

This is counter-intuitive for litigators, who thrive in the courtroom and strive to amass a record of successful verdicts. Litigators know that their reputation among other lawyers rides on their ability to try a case and win it. It makes them fearsome and respected attorneys within the bar.

Clients, however, don't want to go to court. They don't want to hear that you'll take the case all the way to the Supreme Court and rack up a series of reported decisions. This costs a fortune and clients as a rule don't want to spend their money on litigation. Instead they'll pressure their lawyers to settle a case and resolve the dispute.

This point was underscored by an article "The Cost of Not Settling a Lawsuit" in the August 8, 2008 New York Times: more than 80% of all lawsuits settle. Further, in only 15% of cases that went to trial did the plaintiff get an award that exceeded a settlement offer, or did the defendant pay less than the plaintiff's final demand.

The statistics are based on a study by DecisionSet, a consulting firm that advises clients on litigation decisions. "The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant’s offer to be half a loaf when in fact it is an entire loaf or more,” said Randall L. Kiser, a co-author of the study and principal analyst at DecisionSet.

The business development lesson is clear: if you want more corporate clients, impress them with your ability to settle a case."

Great post- Thanks Larry!