Marketing to Current and Past Clients

Your competitors covet your law firm's clients. It is well worth your time to stay close to both current and past accounts, particularly since they are your best source for new business.

If you have not done so already, start right now to compose a Q1 letter to your client base. The beginning of the New Year is a perfect time to market, particularly because many law firms have a fairly long business development cycle.

Use your holiday list as the basis for a letter advising clients on legal considerations that will affect their business or family in the coming 12 months. Offer a call-to-action, like a free consultation or an educational seminar, to accelerate the business development process.

New Year's Goal for Lawyers: Keep Your Clients!

Reassess your lawyer for 2102 is advice the Wall Street Journal gave to readers over the New Year's weekend. If you are the lawyer, this should cause you at least a momentary pause to consider the strength of your client relations and legal marketing campaigns.

Questions that business owners, corporate executives, and high net worth individuals should ask their lawyer, according to the Journal, include:

• How do you charge?
• What will the total cost be?
• Will you or a junior associate handle my matters?

These questions are intended to cover personal estate management primarily, but they apply to many legal situations. Since this is a time of New Year's resolutions, here are some tips on best answers lawyers can give clients.

Out for 2012 - How Not to Answer

Distinguishing your legal services on the basis of price is a race to the bottom. You will find yourself with a roster of cheap clients who are likely to leave you as soon as they find a lower cost attorney. Better to sidestep this question entirely if at all possible, and demonstrate your value on the basis of the strength of your relationship.

In for 2012 - How to Get Rave Client Reviews

Building a strong lawyer-client relationship happens over time. Here's how:

• Clearly define the services you will deliver, including a timeline and budget. You don't need to be the lowest-price attorney on the block to be perceived as offering a superior value. 
• Deliver your services in accordance with your promise, and remind the client politely that you are doing so with clear invoices and activity reports.
• Respond to client emails and phone calls promptly.
• Be proactive in offering fresh suggestions or new alternatives to your client.
• Educate clients on relevant legal news with periodic and substantive newsletters or seminars. 
• Go the extra step to look after the client's best interests whenever possible. 

Attorneys are under intense scrutiny today with all the lawyer ratings services, social media marketing, and 24/7 Internet communications. Those lawyers who stay close to their clients, while also fitting time in for business development, will be IN (like "in the money") for 2012.

By the way, the article also suggests that clients evaluate their accountant and financial advisor as well as their attorney. Since this is a legal marketing blog, however, we will respectfully leave the other professionals to fend for themselves.

Let's connect on social media, including Linkedin, Twitter @RainmakingLady, and Facebook.

Young Lawyers Starting their Own Law Firms

Associate attorneys are showing an entrepreneurial streak as more strike out on their own as a solo practitioner, or join forces with a partner, according to a recent New York Times article titled Skipping the Partner Track for a Shingle of One's Own.

These lawyers want more control over their futures ... they do not want to wait until they become partner to have meaningful relationships with clients. ... The economy is another factor.

A common challenge faced by these fledgling law firms in trying to build a book of business is the tendency to underestimate both expense levels and the time needed for law firm marketing.

Success factors in starting a new law practice include the following, according to several of the attorneys interviewed:

• Flat rate billing
• Selecting the right clients (like I always say, not every client is a good client)
• Time management, including prioritization and scheduling time for marketing
• Understanding your cost structure
• Maintaining a cash cushion to allow for 3-6 months with no income

Here is a sample law firm marketing plan, for those lawyers who are busy looking ahead to 2012.

Law School Loopholes: Practical Training & Business Development

What do General Counsel and other corporate clients wish associates were taught in law school? Here is a list  law firms may want to study. It's taken from a New York Times article titled: What They Don’t Teach Law Students: Lawyering.

• A better understanding of modern litigation practice, which is about gathering facts and knowing how to settle a case.

• Greater familiarity with transactions law, including how to draft, evaluate and challenge a contract.

• Deeper knowledge of regulatory law and the ability to respond to a regulatory inquiry or enforcement action.

• Basic corporate legal skills, like how to perform due diligence.

• Writing skills. Partners at law firms say they spend a lot of time improving the writing of their first- and second-year associates.

• A stronger grasp of the evolving economics of legal practice, which will rely less on leveraging the time of new associates and more on entrepreneurship.

Law firms may want to add business development to the list, since getting a client is an essential skill that can be acquired over time.

Law Firm Email Newsletters Attract Business

In all the excitement about social media, it can be easy to overlook older legal marketing technology like e-newsletters.

We sent out an email newsletter recently for an attorney with an insurance practice. The newsletter list was fairly small (under 250), since we are starting some new marketing campaigns, yet it was effective in delivering two solid new business opportunities.

The email platform we use is Constant Contact, but there are many similar options available.

It is easy to integrate social media like Twitter, Facebook and LinkedIn with your email newsletter by just adding a few links into the body of your newsletter. Once your e-newsletter is distributed, you can also promote it by posting a link on Twitter or LinkedIn.

One common mistake to avoid with an enewsletter is to include an attachment. It is better to either include all your material in the body of your newsletter, or link out to a page on your website that provides the reader with more in-depth material. Attachments can get caught in spam filters, which means that some recipients will never get the chance to read your email.

Sending an e-newsletter once a month is a good schedule. Be sure to write a catch subject line, since that is a key determinant in whether your email is opened.

Contact the author if you would like more information on email marketing. Find me on Twitter @Rainmaking Lady, Facebook, and LinkedIn.

Florida Lawyer Advertising Rules Relaxed

Restrictions placed on manipulative ads or background noises other than instrumental music by The Florida Bar violate lawyer's First Amendment rights, according to Florida federal judge Marcia Morales Howard.

The recent ruling came in a 2008 lawsuit filed by Jacksonville plaintiffs’ lawyer William Harrell Jr., who persistently challenged the constitutional aspects of Florida's attorney advertising guidelines.

As Florida lawyers are well aware, the state is one of the most restrictive in the country in regard to legal marketing promotions. Lawyers who are licensed in other states but seek business in Florida are also subject to The Florida Bar's scrutiny.

For those of you who are curious, click the following link to read The Florida Bar's 92-page! Handbook on Lawyer Advertising and Solicitation, now in its 9th edition.

This ruling is most likely to affect personal injury attorneys, who advertise aggressively to consumers across multiple marketing campaigns (TV, radio, print, Internet, etc.). The ruling does not change the requirement that most ads and direct mail campaigns need to be filed with The Florida Bar prior to or simultaneous with first use.

If you have questions about legal marketing in Florida or other states, contact the @RainmakingLady via our website.  

Attorney Networking Tips for Business Development

Here are a few tips attorneys can use to you turn a calendar of networking events into a powerhouse for new business development.

1. Arrange the Speaker

Serving on an organization’s Program Committee gives you the perfect chance to reach out to business and community leaders within the context of a professional, non-sales environment. You will expand your network while being recognized as a go-getter.

2. Invite People to Join You

If you don’t like to go to events alone, arrange for others to join you at the event or for a bite to eat prior to arriving. Once you get there, agree to break up so you can canvas the room separately. Share leads with your friends as appropriate.

3. Review the Attendee List in Advance

Larger events frequently make a pre-show attendee list available. Check over registrant names, and send an email to those you know to suggest that you connect on site. Also identify people you want to meet, and try to arrange an introduction.

4. Connect with Prospects at the Event

Work the room at every event you attend. Set a goal of collecting 5-10 new business cards. Talk long enough for meaningful mutual interactions, and then move on to new prospects.

5. Schedule Follow Up Meetings

Ask for permission to contact a prospect or a potential referral source after the event. If they say yes, give them a call to schedule coffee or a lunch meeting.

6. Break the Ice

One of the attorneys I coach has excellent networking skills, yet finds it hard to get into the groove of a 2-3 day industry conference. One technique she’s developed to overcome this is to schedule a first day get-together for 5 to 10 people that she knows will be at an event. They might meet for a drink before the official Welcoming Reception, for example. This gives her a base of people she can stay in touch with over the course of the conference, while also reaching out to develop new contacts.

7. Find the Events Your Prospects Attend

Invest some time to identify the organizations that offer you the best mix of maximum prospects with minimum competitors. Then work these groups for a long-term growth perspective.

Contact Margaret Grisdela via Twitter @RainmakingLady or LinkedIn to discuss the legal marketing networking strategies for you. Also visit our blog www.CourtingYourClients.com.

Florida Lawyers Must be on Best Behavior

Civility is lacking in the practice of law, according to the Supreme Court of Florida.

As an inducement to better behavior, the Oath of Admission to The Florida Bar will now contain the following pledge:

To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.

Effective immediately, the ruling recognizes the importance of respectful and civil conduct in the practice of law. The American Board of Trial Advocates (ABOTA) played a role in the Court's decision, which also reflects a similar provision used in South Carolina.

The Code of Professional Conduct is not to be taken lightly in Florida. The Bar's scrutiny of attorney advertising is so strict that it is one of the few states in the country with a fee-based filing and review process for every advertisement (TV, radio, print, and billboard) and direct mail campaign used by a law firm (with only a few exceptions). Even lawyers not licensed in Florida, but who prospect for business in our Sunshine State, are subject to the legal marketing guidelines.

Read the full ruling of the Supreme Court of Florida, No. SC11-1702, dated September 12, 2011.

Read the ABOTA press release promoting the decision.

Recent Legal Marketing Projects

It's been a busy few months, for which I am grateful! Here are some of the projects that have kept me from blogging much.

• Implementing an extensive integrated marketing campaign for a Florida personal injury law firm, including social media marketing on Facebook and Twitter, a new website, educational books, ads, and more.
• Working with a Los Angeles litigation law firm to implement a marketing and business development program, including new brochures, website updates, Google AdWords, trade show support, PR, and more.
• Assisting insurance defense law firms around the country prepare and submit applications to become panel counsel with insurance carriers and self-insured. Learn more about our insurance defense marketing services.
• Helping a client prepare a major international direct mail campaign targeting Asian companies that may face litigation in U.S. courts.
• Setting up a business development program for a Fort Lauderdale litigation firm, including design of a new website, logo, PR, marketing to current clients, and setting up a referral networking program. 
• Helping solo practitioners in Maryland, New York, Tennessee, Indiana, Missouri and elsewhere look more professional with law firm brochures for use with clients and prospects.
• Accelerating business development systems for a growing Pennsylvania trust and estates law firm.
• Launched a new website for a London immigration law firm. 

Let's connect on Twitter @RainmakingLady or LinkedIn! 

Law Firms can Make Lemonade with Market Jitters

Here are 5 ways a lawyer can pitch new business in today's roller coaster market:

• Guaranteed low interest rates, courtesy of the Fed, can create opportunities for a business to refinance a loan, or a consumer to buy a house.
• Lower equity values, while not great for 401(k) plans, present opportunities for corporate share repurchase programs or companies on the hunt for acquisitions. 
• Bargains are available as anxious retailers, manufacturers and distributors look for ways to attract buyers. Perhaps you can help a client lock in a favorable long-term rate on an important workflow component.
• Employees who are worried about their jobs might be receptive to more flexible work arrangements. You can help your business clients write employment agreements or update policy manuals.
• Companies with intellectual property could look for new channels of distribution in the U.S. or internationally.

Chances are your clients need your help with a transaction that takes advantage of today's market conditions. Let's face it, everyone is going to be cautious in the face of this week's uncertainty. Why not grab the bull by the horns and proactively identify ways that your clients can make the best of a tough situation? 

Give some quick thought to how you can make life easier for your clients. Prepare a few ideas in advance of contacting your clients, but do it fast. One simple idea is to think of clients that you can match up for potential business opportunities.  It doesn't cost you anything other than a little time and the price of a lunch, and you will build good will if nothing else.

Now is also a good time to pick up the pace of marketing communications. This could be as simple as picking up the telephone to catch up with those clients you haven't spoken with in a couple of weeks. Ask how they are doing, and if any plans are changing as a result of market conditions. Or you could send out an e-newsletter or a tip sheet.

If you need assistance, this @RainmakingLady is here to help. We've got lots of marketing ideas, and can get the ball rolling quickly. Contact us at 1-866-417-7025 or visit Legal Expert Connections online.

Florida Bar Attorney Advertising Proposals

The Florida Bar submitted proposed attorney advertising amendments to the Florida Supreme Court on July 5th. Here are some highlights:

- Information on a law firm's website remains exempt from the filing
requirements, as do safe harbor ads, legal directory listings, firm
announcements, and client marketing materials.

- A re-creation or staging of an event must contain a prominently displayed disclaimer, "DRAMATIZATION. NOT AN ACTUAL EVENT." For example, a re-creation of a car accident must contain the disclaimer.

- When an actor is used as a spokesperson, there must be a prominent disclaimer.

- Testimonials will be permissible if clients as consumers address matters of courtesy, promptness, efficiency, and professional demeanor.

- Every advertisement that contains information about the lawyer's fee, including a contingent fee, must disclose all fees and costs that the client will be liable for. If there are costs for which the client is responsible, the advertisement must disclose this fact.

- If both fees and costs are contingent on the outcome of a personal injury case, the statements "No Fees or Costs If No Recovery" and "No Recovery - No Fees or Costs" are permissible.

Read the full proposed Florida Bar advertising amendments here.

While the proposal is under review, law firms are advised to adhere to the current rules while anticipating compliance with future requirements as well.

Social Media Marketing on July 4th Holiday

Posts to Facebook, Twitter, and LinkedIn may get more visibility this holiday weekend as the volume of user generated content takes a vacation also.

Your well-written posts may get greater attention from those social media stalwarts who stay tuned regardless of the day of the year.

Try to get double duty for your holiday posts by using them to start a discussion on Tuesday when your full audience is back online.

Enjoy the Fourth! See you online.

Business Development on the Links

President Barack Obama and House Speaker John Boehner played their long-awaited golf game today at Joint Base Andrews, as the U.S Open was also being held on the DC area Congressional Country Club.

Camaradie is the main goal of a friendly golf game, and the same can be said of tennis. Golf puts the players in a beautiful outdoor setting, away from desk-bound troubles, and forces the foursome to focus on chasing a sometimes errant ball over 18 holes filled with sand traps, odd angles, and uneven surfaces.

The personal interaction that plays out along with the game creates a common bond and closer communications. Golfers typically spend about 3 hours together; enough time to get to know the real player personalities as they face the good putts, mulligans, long drives, and rough spots.

Lawyers can take note. Now that summer is in full swing, many attorneys will hit the links with prospects and clients for an afternoon away from the office.

Deals do get done on the golf course, but even if they don't the game creates a warmer relationship that sets the stage for future opportunities. Golf is a great way to have some fun while creating business development opportunities. Every legal marketing budget should include some greens fees and fun.

Testimonials Move Forward with Florida Bar

Proposed lawyer advertising rules that would allow some testimonials but also make all lawyer websites subject to those rules — except for requiring Bar review — have been approved by the Board of Governors, according to an article in the current issue of The Florida Bar News.

"The board, at its May 27 meeting in Key West, approved a rewrite of the rules prepared by the Board Review Committee on Professional Ethics. The redrafted rules are scheduled to be submitted to the Supreme Court, which has the final say, by July 5.

Committee Chair Carl Schwait said the amendments came in response to a Supreme Court order in 2007 when it acted on an earlier ad rules package. In drawing them up, the committee took into account U.S. Supreme Court rulings on lawyer advertising and free speech, other federal court rulings, Florida Supreme Court rulings on advertising, input from numerous attorneys, a Bar-sponsored survey on public attitudes about lawyer advertising, and suggestions from the Bar’s Citizens Forum."

Read the full story titled, "Redrafted Advertising Rules on their way to the S. Court."