Monthly Archives: July 2011

J. Nick Augustine J.D., “The Law Publicist,” is the principal of Law Publicist Communications, an ALR/PRA, Inc. agency. Nick advises and assists attorneys in transition in legal marketing, public relations, and practice management. Nick shares career growth experience and tips for legal job seekers.

You already have a warm introduction to people in your social networks. If you are not calling them to say hello, you are missing an opportunity. Why are we connected if we don’t stay in touch? Quoting linguist, Avram Noam Chomsky, “We can imagine a society in which no one could survive as a social being because it does not correspond to biologically determined perceptions and human social needs. For historical reasons, existing societies might have such properties leading to various forms of pathology.” We are so connected by technology that we rarely talk to each other, impeding traditional social interaction, a human social need. Consider picking up the phone and calling to say “Hello.” Here is a five-step approach to growing your credibility in your social networks.

Step 1: Identify your contacts

Assuming you have Twitter, LinkedIn and Facebook – if you don’t we might be at an impasse – scan the people in your network and identify the people who look friendly and interesting. Your goal should be an introduction phone call to learn about them, spot referral opportunities, and to share what you do. When you are starting out, identify people who are close in demographic profile because it might be easier to have a short informal conversation.

Step 2: Organize your contact plan

What’s the reason for your call? Remember that people are busy. If you call to say hello, be prepared for some confusion. Few people still call to say hello. Identify an article, podcast or webinar that might be of interest to the person you calling. They might already have the information – no worries. Psychology tells us that people like feeling wanted and known; remember the value of professional courtesy when making contact. Best practices include an Excel grid or other contact management system that helps you track who you called, what they said, and if there are other opportunities to connect.

Step 3: Introduce yourself

I know it is difficult to pick up the phone and call a stranger. Write a short list of bullet points you want to cover. After “Hello” your next line is crucial to the tone of the call. Consider saying “Hello Jim, this is Nick Augustine, we are connected on LinkedIn (for example), and I am just calling you to introduce myself, as a professional courtesy.” Expect a pause while Jim thinks, “…huh, this doesn’t happen often.” Jim may be really busy and cut you off, but he will do so politely. If Jim is busy, offer to call back another time. You might also get “What do you want?” – most people assume you’re selling something. If asked, just reiterate, “We are connected on LinkedIn and I just wanted to say hello to the person behind the profile.” Try it. You just might earn a new professional friendship.

Step 4: Follow up on paper

Yes, I want you to kill a few trees (or at least run to your neighborhood Staples). Anyone who has listened to Jim Thompson’s appearances on my LawTalkRadio webcast knows, the best way to follow up is sending a hand-written note. Once you get your stationery and best felt tip pen, write your contacts a note – “Jim, It was nice chatting with you earlier this week. I am glad to stay in touch. I’m glad I know you practice ‘XYZ’ law because my ‘123’ group is full of potential clients.” You could also just say it was nice chatting, please stay in touch. At the end of the day, you are making an effort to get to know one of your contacts. Only good things can come from this.

Step 5: Repeat

Plan to call the receptive contacts again in a few months. Maybe you will send them in e-mail instead. Identify the people who were friendly and open to communication. Don’t tell them you will follow up or they will assume you want something. Never hypothecate! Be genuine! Back to psychology, the theory of ‘Spreading Activation’ (if I remember correctly from a 1997 cognitive psych class at Marquette) tells us that people have strong memories; the people about whom we feel positive are likely to hold a permanent spot in our mental file cabinet. When you stay in touch, over time, the people who like you will remember you – calling with a referral (or offer of some kind).

Have you done this before? Always curious about your experiences, feel free to leave your comment. Stand up and tell Noam Chomsky that you are better than he suggests.

J. Nick Augustine J.D., “The Law Publicist,” is the principal of Law Publicist Communications, an ALR/PRA, Incorporated agency. Nick advises and assists attorneys in transition in public relations, marketing and practice management. Nick shares recruiting and staffing experience and tips for legal job seekers.

Attorneys in transition spend significant time grooming their online profiles. Websites, social networking sites, professional listings and the like are important tools in your legal marketing and public relations strategy. There are things you can do on your own. There are plenty of resources available online. They keep changing so you have to keep up.

Here are 7 tips and resources:

1.       Mashable

Mashable.com is a great resource for all things social media. From news, blogging tips, website and social network information, Mashable is the current industry standard. If you spend some time reviewing the articles, you will find something that peaks your interest. This publication focuses on industry professionals and users alike, so if you find a good idea, save it then find someone to help you execute.

2.       SEO practitioners

Rule #1: You cannot be an expert at something beyond your control that is constantly changing. Even the people who work at Google do not know the secret to page rank. What you can learn from SEO practitioners is the current themes and objectives to appearing in search results. If Mary is looking for a traffic lawyer, there’s a good chance she’s looking to hire one. The SEO practitioners publish frequent content suggesting you can attract Mary to you. Remember, SEO practices change. What is thought to work today might not be true tomorrow, so check back for updates and tips.

3.       Copywriter resources

Copywriting and legal writing come from different planets; in practice, not as much as in theory. Yes we were all taught in law school to write in “plain English” yet we are often verbose. The biggest challenge in shifting to copywriting (for your marketing and public relations activities) is learning succinct writing. Just like the SEO practitioners, there are copywriters who publish online resources instructing on some tips of the trade. One of the keys to good copywriting is learning to create a simple message that people will like and remember.

4.       Linking exercises

Remember the SEO practitioners? They used to preach keyword optimization. The game has changed. Today, while keywords are very important, links are just as crucial. The search engine “spiders” crawl your content, read, and continue on by following links from your page to other pages. Choose your links carefully. You want to link to, and be linked by pages and sites with valuable content and good page rank. The “spiders” don’t know you but they can determine if you have quality links. Again, the SEO practitioners have information on point.

5.       Profile updating

If you update your online profiles, you will attract the “spiders.” I have no proof for this statement but I do have experience noting that sites I frequently update appear more frequently when I search myself or my agency in Google and other search engines. Adding photos and videos to your search engine listings is a good way to generate activity. Sharing links with happy clients who leave positive reviews is also a great way to update your online profiles.

6.       Survey your prospects

Say it with me, “It’s not about me, it’s about them.” If you are a family law attorney writing about the new civil union law, you should make a “why do they care?” list. Your content has a better chance of being rated well when it provides real answers to your audience’s questions. What do they want to know? Instead of guessing, search online for frequently asked question sites. You might be surprised that the information in demand might be some of the real basics.

7.       Start again

This is sure a long list including several assignments. The only way to keep up is to start over, from scratch, from time to time, and you just might learn some permanent skills. Legal marketing and public relations skills are key. If you learn these skills now you can take initiative on your own. You will also know what you’re talking about when someday you hire a firm to take the reigns.

J. Nick Augustine J.D., “The Law Publicist,” is the principal of Law Publicist Communications, an ALR/PRA, Incorporated agency. Nick advises and assists attorneys in transition in public relations, marketing and practice management. Nick shares recruiting and staffing experience and tips for legal job seekers.

The economy is always changing. The need for skilled legal practitioners rarely changes. What changes is the consumer’s ability to pay and the lawyer’s creativity in charging fees. If you follow economic trends and are looking to modify your business model you just might discover a better way to practice law and make more money. Step one is recognizing the status quo is no longer viable.

Increased numbers of cases filed pro-se tells us a few things. First, there are still law suits clogging the court’s dockets. Second, the cases that should be settled out of court are now increasingly before the courts. Third, pro-se litigants who take a stab at practicing law from a form book or online resource might be getting it wrong. The problem is not a lacking need for lawyers, rather an ability to pay legal fees.

As unpopular as it sounds, I have said for a while now, “The people getting divorced in the suburbs cannot afford the legal fees but for their home equity loans and lines of credit.” I am sure there are still motions for disbursement of funds for legal fees (from house proceeds sitting in escrow); most houses are not selling and most lines of credit and equity are no longer available. At this point the attorneys need to focus on a client’s actual income and ability to pay.

Some lawyers are turning to value billing. When you offer services at a fixed fee the client is more likely to budget, borrow or otherwise finance legal fees. Progressive law offices spread fixed fees over time so a client is more likely to pay. This way the client receives proper service and the lawyer earns fair revenue.

For many, it seems like the days of a billable hour bonanza are gone. Even if so, don’t think you get out of billing. The ARDC has long stayed away from the business of billing disputes. Having said that, the ARDC is requiring billing to back up fixed fee retainer agreements, and attorneys need to establish that they earned their fees. Other benefits of diligent billing include: (1) offering “No Charges” for short or simple matters; (2) keeping up on billing; (3) increased likelihood of getting paid. Nowadays, if a bill gets to large, the lawyer isn’t as likely to be paid in full. Diligent billing will always serve you well.

When modifying how you sell and deliver legal services, make sure you pay attention to the rules governing how you are allowed to charge by statute. Last time I checked you couldn’t charge a contingent fee in a criminal defense case. Even if you take this advice and decide to keep your status quo, you might think of better ways to practice law and make more money.

J. Nick Augustine J.D., “The Law Publicist,” is the principal of Law Publicist Communications, an ALR/PRA, Incorporated agency. Nick advises and assists attorneys in transition in public relations, marketing and practice management. Nick shares recruiting and staffing experience and tips for legal job seekers.

Attorneys in transition engage in marketing for several different reasons. Marketing is defined by the American Marketing Association Board of Directors: “Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large.”

Today I will focus on lawyer marketing for three purposes: (1) Attracting new clients; (2) Attracting client referrals; (3) Upward mobility in your current organization. Smart marketing plans generate top of the mind awareness. Marketing systems require the repetition of a few basic activities. When we build marketing habits we increase top of the mind awareness.

(1)    Attracting new clients

The first step in drafting a marketing plan is identifying the information you want to share with potential clients. Too often attorneys assume clients know enough about various practice areas. You should break up the causes of action into basic keywords most people will understand. Next, draft a few short paragraphs about how you could help people in several situations. By simply explaining the value of your services you can also think more about where you want to place these messages. Making it easy for clients to understand your practice and find you is the basic goal of attorney marketing.

Action item: Make a keyword list that describes your practice area. Draft succinct marketing materials identifying how you can help clients in common situations. Prepare a welcome letter template and send it along with your marketing materials to people who contact your firm. Whether the prospects hire you or not, they might send other business your way in the future.

(2)    Attracting client referrals

Client referrals come from friends, colleagues and businesspeople in the community. Most of us suggest professionals we think can help someone in need. When we make referrals we want the resulting client engagement to go well. When there is a good match and a happy client, the source of the referral is likely to pass on a trusted name in the future.

Action item: People make referrals to the professionals they already know, like and trust. Make a list of everyone you know, like and trust. Where appropriate and consistent with the rules of professional conduct, send letters to potential referrals, letting them know what you do and that you accept referrals. Where appropriate, take the opportunity to have coffee, learn more about another’s business so that you might also be able to spot a client match for them.

(3)    Upward mobility

Associate attorneys in larger firms fear their contributions go unnoticed among partners and firm management. Highlighting accomplishments to senior members of a firm is helpful when asserting your contributions to the firm. Staff attorneys and associates usually have annual opportunities to share their dedication to quality legal service and the advancement of the firm generally.

Action item: Draft a short summary of a case you are working on and share it with other members and professionals at the firm. If the firm has a marketing and communications department they may be looking for newsletter or press release content. The managers of practice groups like to know what other groups are doing; taking credit for your input is a good way to earn advancement in the firm.

A marketing system is a set of simple activities and you repeat consistently on a regular basis. There are many resources for developing marketing systems. Some additional marketing systems can be as simple as making a list and sending hand-written notes to thank clients and referral sources. You can also start writing a weekly or monthly blog, discussing your areas of expertise and examples of positive results. Set time aside in your schedule and start working on a few simple activities. It doesn’t take long to build an effective marketing system.

Bill Wilson spent over 20 years in legal departments at corporations large and small, from high tech to brick and mortar, and is writing about various topics while trying to find that next great career opportunity.

Fired. Laid-off. Quit. Whichever verb got you where you are today, I suggest you celebrate. No, I am not crazy. I am simply going to encourage you to seize the “opportunity” to take a look at the world in ways you would not have tried if you weren’t unemployed.

I was a “selective” eater growing up. My preferred menu was quite limited, though tasty, or so I thought. Then I got married. My wife opened my palate up to some exquisite options, and traveling did its part. As I look back on my fussiness regarding food, how many great meals did it keep me from? The same thing can be true of our careers. We get slotted, too focused on our chosen path to be open to the incredible possibilities on every side. When we were at the front end of this path, it no doubt held all sorts of attractions. Now that we have walked it for a while, we are beginning to see that the destination may not be all that we had hoped.

Sometimes we change – what was important to us once is no longer. Now you have a family and a mortgage. Sometimes our environment changes – when you moved here, it was a great place to live, but now the development and traffic make it miserable more often than wonderful. Occasionally the thing itself changes – practically no one will disagree that the practice of law is undergoing some cosmic changes, some very good, some very, very bad, and probably more are on the way. In any case, your current circumstances may not be what you signed up for.

So now’s the time to reassess. If after following the advice below, you feel the law is still the place for you, even with everything that’s changing, great. On the other hand, if the reality of legal practice no longer seems as inviting, necessity makes this moment the ideal time to change.

Explore what your life would be like as a (fill in blank here). Talk to your college roommate who is a doctor/accountant/music therapist/hot dog vendor/Peace Corps volunteer. Why are they happy/unhappy? Ask them what they wish they were doing. Take a very focused, objective view of your finances. Can you live with less? Do you have to have more? While money is indeed the root of most, if not all evil, try going without “enough,” whatever that is.

And as part of this process, be very bold. Now is not the time for myopia. Go a little crazy in imagining yourself in new places/jobs/circumstances. Make a concerted effort to step outside of your comfort zone and visualize yourself doing X. Don’t let obstacles interfere with the process; focus on the outcome, let the “how” come later. Good brainstorming doesn’t reject ideas because they’re hard or unlikely. The good news to some extent resulting from the current recession is that it has become necessary for a lot of people to re-invent. There are more available resources to help. Once you decide what seems to be the direction with the greatest promise for you, delve into the details. Plan the journey. Perform some reality checks. Imagine the worst. Remember there are few guarantees. Then if it still seems like the thing to do, with apologies to Nike, just do it.

If insanity is doing the same thing over and over, and expecting different results, staying in your current career may not be your ticket to a great life.