Constant Content : Legal Ghostwriting & Content : Janet Raasch : Copy for Lawyers & Attorneys, Law Firm Business Development

The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covers the second of four conference tracks:  Maximizing client retention and value.  This is part three of a six-part article.  For a link to the entire article, see below.

“During the economic downturn, corporate counsel were under unprecedented pressure to control the cost of legal services and provide budgetary certainty,” said Roach, “and they passed that pressure along to law firms.  These demands will persist into any recovery.”

The first session in the client-retention track discussed alternative fee arrangements.  “Although most clients still prefer the billable hour, they want firms to offer and to discuss potential AFAs,” said Roach.  “Because the movement towards AFAs is so new, finding a profitable model can be challenging – although some law firms have figured it out.  Profitability will improve with experience.”

Client feedback programs are a tested way to maximize value and client retention, and are currently being used by half of law firms surveyed by BTI Consulting.  Key elements of a successful program include planning and logistics, conducting the interviews, following-up on the results and managing the time commitment.

“Panelists at this session also suggested creation of a ‘co-development expectation brief’ at the start of each matter,” said Roach, “to determine the client’s wants and needs regarding communication, delivery, reports and check points throughout the project.”

Other sessions in this track covered the use of CRM and ERM systems to gather intelligence and put this knowledge to work; the use of “client lifetime value” as a marketing metric; and the role of the marketing department in the development and implementation of professional development programs for attorneys.

For the full article:  LMA Conference and updates

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The Legal Marketing Association provides guidance on marketing, business development and communications within the legal profession.  This article summarizes a presentation by Betsi Roach, executive director of the LMA, on important themes that emerged at the 25th annual LMA Conference held last month, as well as recent LMA developments.  This excerpt covers the first of four conference tracks:  Driving growth and profitability.  This is part two of a six-part article.  For a link to the entire article, see below.

“One major theme of the conference was the continuing evolution of law firms from a purely marketing culture to a sales culture,” said Roach.  “This involves a reallocation of personnel and resources, an emphasis on niche marketing, the creation of industry and client-focused teams, the development of sophisticated and customized proposals, and the gathering and use of competitive market intelligence.”

As part of this process, successful firms are providing business development training and coaching to help select lawyers grow their books of business.  “After all, lawyers are not only the ‘product,’ but also the ones who have to close the actual ‘sale,’” said Roach.

Another session covered the strategy and tactics behind successful written and face-to-face client pitches, including pitch team composition and leadership, elements of the process (strategy, staffing, pricing, submissions and presentations), debriefing, and using what was learned to improve future effectiveness.

A session on law firm economics devoted considerable attention to the delivery of legal services less expensively in a highly competitive environment – especially through better pricing and better processes. “Increasingly, law firms across the country understand the need to operate like businesses,” said Roach.   Finally, technology was discussed as a robust way to deliver premium content to high-value targets throughout the sales cycle.

For the full article:  LMA Conference Synopsis and Update

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Almost all client defections are predictable – and therefore avoidable – if only lawyers and law firms possess the right information.

“Information is the power you need to control your reputation and career,” said Shari Harley.  “You never want to be caught by surprise.”

Harley is founder of Shari Harley LLC (www.shariharley.com), a Denver-based training and consulting firm that helps organizations create more candid relationships with clients and employees.  She spoke as part of the July program of the Rocky Mountain Chapter of the Legal Marketing Association, held July 13 at Primebar in downtown Denver.

“Never assume that you know what a client or co-worker is saying about you to others,” said Harley.  “You might think that you are good at what you do and how you do it, but the fact is that you are not the judge.  Your clients and co-workers are the judges.  You are only as good as other people say you are.”

The easiest way to get the correct information about your reputation -- how well or how poorly you are satisfying your clients and co-workers – is to ask.  Before asking, you must give the client or co-worker permission to provide honest feedback.

“It is much more comfortable to ask questions about your performance when you’ve laid the groundwork at the very start of any professional relationship,” said Harley.  “These tactics work with clients – and with supervisors, colleagues and direct reports.

“Start off with this statement:  ‘I want to have a great relationship with you.  If I do anything that violates your expectations or frustrates you, please tell me.  I promise that, no matter what you say, I will say “thank you.”’  Grant permission, ask questions and establish expectations up front,” said Harley.

Harley also recommends following up on that statement with a series of “get to know you” questions.  “Asking questions up front is a great differentiator,” said Harley.  “Surprisingly, very few professional service providers actually do this.  It costs you nothing and sets you apart from your competitors.”

Good starter questions include:

n      Do you prefer to communicate via email or voicemail?

n      Do you prefer scheduled appointments or can I drop by?

n      Do you prefer phone or in-person meetings?

n      What do you want to meet about?  How often?

n      What would you like me to be involved with?

n      What don’t you want me involved with?

n      What are your pet peeves in a working relationship?

It also helps to ask a few questions to determine how much a client or co-worker knows about what you do.

“Clients and co-workers cannot turn to you for help if they are unclear about your capabilities,” said Harley.  “Make sure that the people you work with are aware of your talents and skills.  Speak on your own behalf -- without being arrogant.”

Good questions include:

n      What am I best known for?

n      What is my firm/practice area/department best known for?

n      What is my firm/practice area/department not known for?

n      What is the best thing about my/our service?

n      How can I/we improve my/our service?

Once you know the preferences of others, it is essential to respect them.  “There is nothing worse than asking for feedback and then ignoring it,” said Harley.  “Keep your word.  Do what you say you will do.

“As the relationship progresses, remind clients and co-workers that you want their feedback, and continue to ask for it,” said Harley.  “Throughout the relationship, ask ‘What am I doing that works for you?’ and ‘What can I do differently?’  Each and every time, remember to respect your promise and say ‘thank you’ for the feedback.”

Finally, keep in mind that great client and co-worker relationships are not established overnight.  “It takes time and consistency – asking for feedback and acting on it -- to create the trust that leads to a candid relationship,” said Harley.

“Stop guessing what your clients and co-workers think of you and what they need from you,” said Harley.  “Just ask.  Make clients comfortable about providing honest and direct answers.  Use that information to control your reputation and your career – and guard against almost all client defections.”

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Web site bios should be so much more than lifeless resumes -- they should be persuasive marketing documents.  At a certain point in a lawyer's career, professional competence is assumed.  Potential clients are looking for lawyers (and other professional services providers) who are not only skilled, but also good and interesting people with whom to build a close relationship that will last for many years.

One of the best ways to demonstrate that you are a good and interesting person is by the addition of personal quotes to an online bio.  Journalists know that quotes add life, urgency and authenticity to an article; quotes can add the same qualities to a Web site bio.

If short, quotes can be woven unobtrusively into the narrative.  If longer, they can be broken out and used as a graphic element to make the page more interesting -- indented, in a side bar or in a box.  If lawyers are uncomfortable with quotes on the main bio page (which they should not be, but often are), quotes can be accessed by a "more about Jane Smith" link.

A skilled interviewer can elicit good quotes -- from almost any subject -- by asking good questions and following up.  Over the years as a journalist and a writer, I have interviewed thousands of subjects -- and have found a way to make each and every one interesting in some way.  A journalist is trained to ask who, what, where, when, why and how.  Ask your lawyers:

-- Why did you choose this profession?

-- What was your favorite matter or case ever, and why?

-- If you had to change professions, what would you be, and why?

-- Which emerging legal topic is intriguing you lately, and why?

-- Other than your profession, what is the most interesting thing about you?

The answers to these and other questions will help you draft quotes that add an entirely new dimension to a lawyer's bio -- adding highly persuasive values, depth and character to an otherwise dry list of credentials, and clearly differentiating a lawyer from other lawyers being considered by a potential client.

Do not reproduce the quotes verbatim.  (This is one way in which you can differ from a journalist!)  Combine them to create an interesting narrative.   All draft quotes, of course, should be provided to the lawyer -- to be refined and "claimed" before they are posted, or before they are shown to anyone else at the firm.

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