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

The gathering and analysis of competitive intelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part four of a four-part article.  For the complete article, see link below.

Sometimes you need information about an individual rather than a company.  This person could be a client, a prospective client, a competitor, opposing counsel, a potential hire or a potential merger partner.  When you know something about the person you are meeting with, you can plan appropriately.

Sometimes, you need other kinds of information about people.  For example, you might need to track down a former employee or a potential witness.  “When such a person has gone ‘off the grid’ electronically, you might not have much to go on,” said Goater.  “This is where creativity comes into play.

“In one such case, a former executive had been gone from a company for five years,” said Goater.  “He had a common name, which made the search even more difficult.  Someone recalled him saying that he wanted to take over his family’s farm.  By using the farm subsidy database and narrowing the search by general geographic area and the man’s age, we were able to locate him for our client.”

Another reason to search for people is to acquire their contact information for use in a marketing database.  Good sources of contact information include telephone directories, professional directories and professional licensing agencies (if you know a person’s profession).  Online sources include a search on Yahoo! People.

Many of the commercial and general resources mentioned in the “companies” research section in this article work just as well for people.

“We often use a site called Jigsaw, owned by Salesforce” said Goater.  “It is a business-to-business contract database populated by marketers and salespeople around the country.  By contributing their contacts, users gain access to the database.  It includes 30 million contacts.  It is an especially good source for the contact information of individuals below the usual c-level executives that show up in most directories.”

If you know a person’s location, you can search local and regional media for mentions of their names and activities.  Social media – like Martindale Hubbell, LinkedIn, Facebook, Google+, Twitter and YouTube -- are also good resources.  So are blog searches.  Social media include contact information, but they also broaden your research with less formal “chat” about people, their activities and the companies they work for.

“In gathering information about people,” said Goater, “you want to use a wide variety of sources – and you want to be very careful to validate any information you find before you act on it.  There is a lot of faulty information out there.  There are also privacy concerns.”

Today, information about companies and individuals is widely available. In fact, you could easily drown in all the data.  The trick is to focus your search in light of your business goals.  With this information in hand, you are well-positioned to make good decisions about the future of your law firm – and its work.

Competitive intelligence an essential component of better law firm decision-making

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Th gathering and analysis of competitive intelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part three of a four-part article.  For the complete article, see link below.

When preparing to meet with a potential client, lawyers often ask marketers or librarians to prepare a profile of the client.  “All too often,” said McDavid, “this is done just a few hours before the scheduled meeting – and we need to scramble.

“Even with very little lead time, you would be surprised at how much information you can turn up by simply visiting and mining the potential client’s website,” said McDavid.  “You should also search company or firm pages on social media sites.”

When you have a little more lead time to prepare – like for a proposal or the resulting beauty contest – then you can delve more deeply into client background.  Good sources for public companies include SEC filings.  Good sources for private companies include Dun and Bradstreet reports.

A good profile addresses some or all (depending on your time and research skills) of these categories:

n      Quick facts

n      Company overview

n      Business segments

n      Products/services

n      Business partners

n      Board of Directors

n      Key executives

n      Key developments

n      Representative clients

n      Legal issues and litigation

n      Locations

n      Case studies

n      Patent information

n      Marketing strategy

n      Competitors

n      Sources

n      News articles

Armed with this type of information, your lawyers and law firm are well-prepared to make good decisions about how to approach a potential client (or anyone else), and how to make a good impression once the contact takes place.

Competitive intelligence an essential component of better law firm decision-making

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The gathering and analysis of competitive itelligence -- about companies, other law firms and individuals -- helps lawyers and law firms make important decisions.  This article, written by Janet Ellen Raasch, summarizes a presentation by Wanda McDavid and Judy Goater of Access Information, a Denver-based firm that provides competitive intelligence for law firms across the country.  This is part two of a four-part article.  For the complete article, see link below.

Some sources of competitive intelligence about companies, competitors and adversaries are paid and some are free to the public.  Because of the nature of their work, many law firms and law librarians already have access to many of the paid recourses.  These include products offered by industry giants LexisNexis and Thomson West.

“For industry research, I also like to use a product called Profound, offered by MarketReserch.com,” said McDavid.  “They offer a wide range of reports for purchase.  An entire report can be costly but, if you know exactly what you are looking for, you can order just part of a report for a lesser fee.

“And don’t forget,” said McDavid.  “Many of these paid resources are available for you to use free of charge at the Denver Public Library.”

Free resources for company research include www.llrx.com and Zimmerman’s Research Guide (http://law.lexisnexis.com/infopro/zimmermans).  In its database, Zimmerman’s offers links to both company information and company personnel.  “Both of these sites are great places to start if you are trying to get an overview of the kind of research that is out there,” said McDavid.

The Virtual Chase product by Justia.com offers business research as well as county and municipal law resources.  Information on companies can be found at Hoovers, Yahoo! Finance, Google Finance, Nexis company information and Valuation Resources.com.

“A lot of good research is available from Google,” said McDavid.  “We all know how to do a Google search, but much more refined searches and results are available via the Google Advanced General Search Page.  Google Scholar and Google Advanced Scholar Search offer useful results that have been ‘purged’ of casual hits.”

Court and government sites – especially the Secretary of State’s office -- include public records and a wealth of useful information.  “If you want to know where a company is headed,” said McDavid, “check the U.S. Patent and Trademark Office Database.”

Competitive intelligence an essential component of better law firm decision-making

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Important law firm decisions should never be made in a vacuum.  Instead, they should be made with an abundance of the right information in hand.  For many law firm decisions, “the right information” means competitive intelligence.

Competitive intelligence is defined as a systematic and ethical program for gathering, analyzing and managing information about the external business environment – information that can affect all of a law firm’s plans, decisions and operations.

Competitive intelligence can be information about organizations – like your clients, potential clients and adversaries.  It can be information about other law firms – like collaborators, opposing counsel or even potential merger partners.  It can be information about the legal needs in particular industries or markets.

Competitive intelligence can also be information about people – like the people you will meet in a pitch, in the boardroom, in the courtroom (like opposing counsel or an expert witness) or in a hiring interview.

In any of these settings, knowledge of companies and people is power.

“When gathering competitive intelligence, there is a wrong way and a right way to go about it,” said Wanda McDavid.  “The wrong way is typified by computer hackers like Lisbeth Salander in The Girl with the Dragon Tattoo.  As much as we enjoy the book and the movie, and want Lisbeth to succeed, we cannot condone her tactics.  This kind of corporate espionage makes for good entertainment, but bad – and unethical – business.

“The ethical gathering of competitive intelligence complies with all applicable laws – domestic as well as international,” said McDavid.  “It is obtained from legitimate online and print sources, in both public and subscription databases.  When obtained by interviews (either with targeted competitor staff and customers or as general field research), the ethical interviewer discloses up front both her identity and the purpose of the interview.”

McDavid and her colleague Judy Goater discussed the ethical gathering and use of competitive intelligence by law firms at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.com/rockymountain).  The program was held Jan. 10 at Maggiano’s Little Italy in downtown Denver.

McDavid is president and Goater is director of services development at Access Information (www.access-information.com), a Denver-based firm that specializes in the discovery and compilation of competitive intelligence for use by law firms.  Both have master’s degrees in librarianship and vast experience in the legal industry.  The PowerPoint slides from this presentation have been made available on the company website, in the “training” section. 

“Before starting any competitive research project,” said McDavid, “it is essential that you have a plan.  Thanks to the Internet, there are an almost unlimited number of resources out there.  You can waste a lot of time and money searching them all.  If we know your goals for a particular research project, we can help you concentrate your resources on the most likely, valid and reliable sources for your purpose.”

This is party one of a four-part article.  For the complete article, see

Competitive intelligence an essential component of better law firm decision-making

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This is part four of a four-part article.  For complete article, see link below.

“Web analytics programs are capable of generating a vast amount of information,” said Casey.  “There are far too many metrics for users to process and interpret.  Measurement tools are only useful when there is something specific to measure.

“The challenge is not to get more data, which can needlessly complicate your decision-making,” said Casey, “but to get better data.  Be strategic.  What is the purpose of this online content campaign (within the context of our business goals), and which select measurements will indicate progress towards achieving this goal?”

Let’s go back to that article on patent reform.  You post it on your website.  You reference it in your blog.  You e-mail it to clients, potential clients, referral sources and media sources.  You post it (with links back to your site) on a variety of social media sites and content syndication sites.

On your website, analytics will let you know who visited the page and how they got there.  In addition, you will discover if they stayed a while, read the article and downloaded a copy.

“If no one comes or if visitors take a quick look and ‘bounce,’ you know that there is something wrong with the content,” said Casey.  “The subject is not newsworthy.  The headline or keywords need work.  The article is too long or too short.  It is too dense and needs shorter lines and subheads, to encourage skimming.  It is too casual or too filled with legal jargon.  In other words, it needs work.”

An e-mail analytics program will let you know who opens the e-mail and clicks on the link.  Other analytics programs will indicate how your article fares in the blogosphere or is shared or re-tweeted on social media and content syndication sites. 

The information generated by web analytics is a valuable tool to help lawyers and law firms plan -- and continuously improve -- their content and their online content distribution campaigns.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

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This is part three of a four-part article.  For complete article, see link below.

“Not only does the Internet facilitate the wide distribution of content,” said Casey, “it also allows lawyers and law firms to closely track distribution – to know how many visitors click on the content; how much time they spend reading, listening or viewing the content; and where (your website, search or some other site) they found the content.”

Web analytics is a process for collecting visitor or consumer data, analyzing those data and generating reports on the overall performance of these different channels.  It extends well beyond your website into virtually every online channel your law firm might be using.

“In the early days, web analytics programs focused on the simple measurement of activity on a law firm’s web site,” said Casey.  “Today, a good law firm website still contains useful information about the firm and its services, but the site functions more like an interactive hub to which all of the firm’s online content distribution efforts are tied.”

In addition, most social media sites have their own built-in analytics programs that can be accessed for more details about activity on your accounts on those sites.

The popular Google Analytics program is free and yields information about site visitors, including number of visitors (unique, new and repeat), page views, repeat rate, visit length, page view length, page view per visit, bounce rate (those who leave quickly from a given page), entry pages (where visitors enter you site), exit pages (where visitors leave your site) and referral sources (direct traffic, search engines and other referral sites).

Among other things, Google Analytics can chart data over time, compare data month-by-month or year-by-year, and internally compare different sets of results.

“Other commercial web analytics programs allow the site administrator to ‘dig deeper’ into the data,” said Casey.  “Most analytics programs will record detailed information at the user level, allowing administrators to track the number of times a given user came to the site, which pages he or she viewed and, in some cases, the location from which that user is connecting.”

“At Tenrec, we combine basic Google Analytics with a program called Urchin (essentially, Google’s commercial analytics product) to obtain different levels of results for our clients,” said Casey.  “There are many programs out there.  The one you select should be determined by how you plan to use the results.”

It is important to remember that no performance metric is inherently bad or good.  A limited number of the right kind of people visiting your content and reaching out to your firm is a better result than hundreds of visitors who take no action.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

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This is part two of a four-part article.  For a link to the complete article, see below.

Online content marketing involves publishing content (like the article on patent law) on your law firm’s website (including mobile website version), client extranet sites or blogs.  It involves the e-mailing of your article (or newsletter) to clients, potential clients, referral sources and media sources.

“An integrated online marketing program is an essential part of a law firm’s marketing program,” said Casey.  “Content marketing involves distribution of your content using popular social media sites (like LinkedIn, Facebook, Twitter and YouTube) as well as successful content syndication sites (like JD Supra, LegalOnRamp and Scribd).”

Each time your keyword-rich patent law article is published on one of these sites, it is indexed by Google and other search engines – enhancing results for searches on terms like your name, your law firm’s name, your geographic area and the relevant subject area.

“The term ‘content’ applies to almost any kind of material your firm is publishing,” said Casey.  “It applies to documents like press releases, experience descriptions, attorney biographies (profiles), client alerts, blog post, white papers, email campaigns and e-books on legal subjects.

“Content also includes non-written files, like an online ad campaign, courtroom graphics, a PowerPoint deck, or photos of an open house or employee charity event,” said Casey.  “It includes online surveys along with survey results.  And it definitely includes audio or video recordings of a presentation, a seminar or a webinar.”

All types of reputation-demonstrating content can be posted not only on your own website, but also to a wide range of (mostly free) social media and content syndication sites.  Once posted, this informative content is available 24/7 and around the world.

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

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Good content has always been one of the best ways for a lawyer to establish and maintain a professional reputation.  In the hands of potential clients, good content demonstrates your understanding of the law and your ability to do what you claim to do.

Let’s say you write an excellent article on the recently signed patent reform act.

Prior to the Internet, your options for distribution of that article would be limited.  You could submit it to print publishers who could decide whether or not to publish it and how to edit it.  By the time it appeared on a client’s desk, it might be three months out of date.

In addition, you could snail mail a copy of your article with a cover letter directly to your list of clients, potential clients and referral sources.  You could include it in the firm’s print newsletter. You could mail it to reporters covering the patent law beat and hope that they give you a call next time they are writing a story on that topic.

And that was about it.  You really had no way of knowing what happened to that hard copy – if the publication was read or if the envelope or newsletter was even opened.

Today, thanks to the Internet, the options for distributing a well-written and informative article (and all kinds of content) to a wide range of interested parties are vastly expanded.  So, too, are the options for finding out if the article was opened, was read and prompted further action on the part of the reader.

“In the Internet age, online content marketing is the best way for lawyers and law firms to establish their reputations and attract new business,” said Per Casey.  “And web traffic analysis is the best way for lawyers and law firms to measure the success of a content marketing campaign and move forward based on that information.  Content marketing and web analytics are inseparable parts of the same strategic process.”

Casey discussed strategic content marketing and web analytics at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association, held Oct. 11 at Fogo de Chao Restaurant in Lower Downtown Denver.

Casey is founder of Tenrec, a web technology consulting firm that focuses on the legal industry.  Over the years, he has collaborated with dozens of well-known law firms on successful web technology projects.  Casey also serves as member-at-large on the LMA International Board of Directors and as co-chair of the LMA Technology Committee.

This is part one of a four-part article.  For the entire article, see:

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign.

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Good internal communication is one of the best ways to move employees out of the middle and into the “high engagement” zone.

“Internal communication is evolving,” said Wegscheid, “with the balance shifting from a model weighted by formality and control towards a model that facilitates employee engagement. Few organizations fall squarely into one of these four models.”

The inner circle model has the highest level of formality/control and the lowest level of employee engagement.  Executives confer behind closed doors with no employee input.  Information travels through formal channels from the top down to managers, who tell employees what to do – but not why.  “Most, but not all, organizations have moved beyond this model,” said Wegscheid.

The cascade model is still quite controlled, but has a little more employment engagement.  Decisions are made at the top and information flows from the top down, but managers are expected to share some information with their teams.

In the dialogue model, decisions and information still flow from the top – but are often accompanied by an invitation to ask questions.  Feedback is limited to topics raised by leadership.  The process is formal, but two-way, with the goal of making sure employees understand the information that was communicated.

“Most organizations, including law firms, currently operate at the cascade level and perhaps at the dialogue level,” said Wegscheid.

The community model combines the highest levels of employee engagement with informality and freedom of expression.  “This model shares a mindset with social media,” said Wegscheid.  “Knowledge is not controlled at the top, but contributed by and commented on by all participants in a network.  Everyone has something to contribute.”

In the community model, leadership is still needed but messages can be initiated by anyone, encouraging the free flow of information throughout an organization.  In this model, individuals feel comfortable sharing expertise and learning from each other, which results in spontaneous collaboration by employees at all levels to solve a problem, rather than formal teams composed only of executives.  Employees as well as owners feel invested in the results.

“Because of sensitive information, proprietary relationships and a billable hour model that does not reward efficiency, the community model can be challenging for law firms,” said Wegscheid.  “However, there are elements of this model that can be incorporated.

Engaged employees are those who understand and believe in a law firm’s message.  This message can be created at the top and then delivered formally to employees (a low-engagement model).  Conversely, it can be created collaboratively (with facilitation by firm leaders) and made part of an ongoing conversation among employees (a high-engagement model).  Or it can be somewhere in between.

“The important thing,” said Wegscheid, “is to understand the value of employee engagement and actively consider which steps your firm can take to improve it – and consequently improve the firm’s bottom line.”

This is part three of a three-part article.  For the entire article, see Truly engaged employees lead to highly successful law firms.

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Modern research organizations use rigorous science to assess levels of employee engagement and link engagement to performance.

In 2009, Hewitt discovered that businesses with highly engaged employees have total shareholder return 19 percent higher than firms with average engagement.

According to a study of a large professional services firm by the Hay Group, the firm’s five most-engaged regional offices generated 43 percent more revenue per consultant (think lawyer) than the firm’s five least-engaged offices.

“According to Colorado Bar Association statistics,” said Wegscheid, “the average attorney has $446,500 in billable per year.  A 43 percent increase adds an additional $191,995 to this amount, for a total of $638,495 per lawyer.  That translates into $1.9 million extra for a firm of 10 attorneys, $3.8 million for 20 attorneys and $5.8 million for 30 attorneys.  This is a lot of money.”

Research clearly demonstrates that the more engaged your employees, the better your revenue, productivity, earnings, shareholder returns, employee retention and customer loyalty.

According to Gallup, about 16 percent of employees at any business are actively disengaged.  “Some call these people ‘CAVE dwellers,’ for ‘consistently against virtually everything,’” said Wegscheid.  “They will actively try to destroy your organization.

“An additional 29 percent truly believe in your business and are actively engaged in making it succeed,” said Wegscheid.  “That leaves the majority of your employees -- approximately 55 percent -- who are neither disengaged nor engaged.  Smart businesses focus on transforming these ‘neutrals’ into highly engaged employees.”

This is part two of a three-part article.  For entire article, see Truly engaged employees lead to highly successful law firms.

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A truly engaged employee is one who believes so strongly in an organization that he or she invests discretionary effort in its success.  In other words, a truly engaged employee is someone who regularly goes above and beyond his or her job description.

What does this mean in a law firm?  While equity partners (and those on the track to become equity partners) are best thought of as owners rather than employees, everyone else should be considered an employee.

The engaged non-equity track associate involved in document review will notice and point out an interesting new detail.  The non-engaged counterpart could ignore this detail, because it might make the job more difficult.

The engaged paralegal or legal assistant will cheerfully work evenings and weekends as a courtroom date draws near.  The non-engaged employee will complain and sulk.

The engaged mail room person will deliver a registered letter to a lawyer as soon as it arrives, allowing for timely consideration and response.  The non-engaged employee will wait until the next scheduled delivery cycle.

And finally, the engaged marketing director/manager/support person will devote extra time and effort to creating a truly customized client proposal, rather than simply answering RFP questions with the usual non-specific content.

In addition, employee engagement is not limited to the workplace.  An engaged employee will rave about his or her law firm outside the office as well -- whether to neighbors on the sidewalk, fellow parents at a soccer game, or someone they meet at book club or a cocktail party.

When you consider these examples, it is easy to see how truly engaged employees can propel law firms from run-of-the-mill to highly successful.  “Defining and communicating the unique story or message at the heart of your law firm is essential to employee engagement,” said Laura Wegscheid.

Wegscheid discussed why law firms should enhance employee engagement in order to improve morale, operations and the bottom line.  This presentation to the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain) took place Sept. 13 at Fogo de Chao Restaurant in Lower Downtown Denver.

Wegscheid is a senior consultant with Cast Communication Design (www.castcommunicationdesign.com), an internal communications consulting firm focused on helping businesses engage and align their employees.

This is part one of a three-part article.  For the entire article, see Truly engaged employees lead to highly successful law firms.

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This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is the conclusion of a six-part article.  A link to the entire article appears below.

For cross-selling to have the best chance of success, law firm compensation systems should be revamped to reward collaboration as a component of origination fees.  But even an improved compensation plan is no guarantee of success.

“Additionally, research shows that money is not the strongest motivator when it comes to attorney behavior,” said Nugent.  “Sometimes, the intrinsic rewards of public recognition and acknowledgement can be much stronger -- even among attorneys earning many hundreds of thousands of dollars a year.  Recognition or awards do not have to be serious, either.  Sometimes, even something whimsical can be an effective incentive.”

To illustrate that point, Holmes related a personal experience.  “When I was working in Washington, D.C.,” said Holmes, “I worked with a lawyer who became a highly successful cross-seller.  He came to me one day and said, ‘I am so good at this that I deserve an (expletive-deleted) award.’

“As a joke, I made him an (expletive-not-deleted) award to hang on his office wall,” said Holmes.  “When his colleagues saw it, they started coming to me to ask how they could get their own (expletive-not-deleted) awards for cross-selling.  I built on this interest to work with them, and ended up granting 25 awards!”

“Cross-selling is a proven way to lower costs, shorten sales cycles, increase client retention and business, and strengthen law firm culture and morale,” said Nugent.  “Do not let your lawyers use compensation concerns – or any of the above challenges – as an excuse to hold your firm back in today’s highly competitive environment.”

Does cross-selling make you cross?  Learn how to overcome lawyer reluctance and win new work

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This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part five of a six-part article.  A link to the entire article appears below.

By nature, lawyers are a very cynical bunch – a fact that is supported by a wide range of widely publicized personality tests.  “Law school and legal practice hone this natural cynicism to a fine point,” said Nugent.

“The cynicism that is useful in an adversarial environment can be highly detrimental when it comes to knowing, liking and trusting your colleagues enough to make a referral.  Shockingly, I’ve heard of many lawyers who would rather refer to an attorney outside their own firm than to a colleague within their firm.”

In a previous section, Holmes discussed how to address this issue through building internal awareness.  Nugent discussed building internal relationships as an essential way of breaking down ignorance and distrust.  “The ‘know, like and trust’ paradigm is the foundation of every referral – whether external or internal,” said Nugent.

“Regular one-on-one social and professional interaction with colleagues in different practice areas should be an important and recognized component in each lawyer’s individual business development plan,” said Nugent.  “Lawyers should be encouraged to periodically locate themselves in another practice area or even work from other offices.

“Ideally, marketers are conducting ongoing research regarding lawyer capabilities, lawyer connections and client needs.  They can use their research in these areas to act as professional matchmakers within the firm,” said Nugent.  “Who might make a good couple?”

Does cross-selling make you cross:  Learn how to overcome lawyer reluctance and win new work

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This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part four of a six-part article.  A link to the entire article appears below.

The general concept of sales is scary even to trained members of professional sales teams; it is even scarier to untrained lawyers.

“Plus, lawyers have more specific fears,” said Cusick Eddy.  “There is the fear of failure if you make a pitch and lose.  There is the fear that you will no longer ‘own’ the client relationship and your business will cease to be as portable.  There is the fear that you will lose credibility with the client if the new lawyer does not live up to expectations.”

In addition to fear, many lawyers dislike the idea of selling.  Now legal marketers and consultants are asking them to not only sell themselves, but also sell their peers.

“It helps to re-brand cross-selling by calling it something else – cross-marketing, cross-introduction, cross-pollination or cross-referral,” said Cusick Eddy.  “Emphasize introductions and improved/expanded service rather than sales.”

Address fear and loathing with persuasive facts.  “Start with willing participants who are not afraid,” said Cusick Eddy.  “Start small and keep it simple.  Circulate the news about positive outcomes throughout the firm to chip away at negative attitudes and bring the rest of your lawyers along slowly.”

One of the best ways to overcome fear and loathing is to demonstrate to your lawyers that most of their clients are pleased by a proactive approach and interested in a wider range of services.

“Conduct routine formal client interviews and informal checkups to assess client needs,” said Cusick Eddy.  “You will find that clients want to know about other areas in which you can make their lives easier or deliver better value.  Then, go back to the relationship attorney with this evidence in support of your cross-selling efforts.”

Planning and execution are the true keys to overcoming fear and dislike of sales among lawyers.  “You need the right people, on the right bus, at the right time and going in the right direction,” said Cusick Eddy.

“The ‘right people’ are lawyers who are interested in cross-selling and ready to put aside the six common objections,” said Cusick Eddy.  “The ‘right bus’ is a willingness to do what it takes to manage and exchange relationships.  The ‘right time’ is when a client need has been identified.  The ‘right direction’ is targeting existing clients who have a strong relationship with the lead attorney and a high level of satisfaction with the work.”

Does cross-selling make you cross? Learn how to overcome lawyer reluctance and win new work

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This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part three of a six-part article.  A link to the entire article appears below.

Law firms tend to operate in a “silo” environment, with little communication among practice areas.  Surprisingly often, lawyers in one area are not aware of what their colleagues in other areas do -- and how they could add value to a client.

“The larger and more geographically diverse the law firm, the greater the lack of awareness among its lawyers,” said Holmes.

Marketing should facilitate on-going cross-selling sessions between practice groups or even small groups of interested attorneys.  “Everyone should do his or her homework before each session” said Holmes.  “The more you prepare, the better the results.”

Participants should be ready to succinctly describe the legal services they provide – and for whom.  “You must be able to describe your ‘product’ in order to sell it,” said Holmes.  “This is another area in which marketing can help you prepare.”

Each session should conclude with a list of follow-up action items.  “Take careful notes so that participants know who is responsible for what by the time the next meeting takes place,” said Holmes, “and then hold them to it.”

Lack of awareness also extends to “who knows whom” within the firm.  “Before any meeting, marketing should mine the firm’s CRM system and also social media sites like LinkedIn to uncover unexpected connections,” said Holmes.

Does cross-selling make you cross?

Learn how to overcome lawyer reluctance and win new work.

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This article synopsizes a presentation by Martha Cusick Eddy, Kathy Holmes and Phil Nugent on how to overcome lawyer reluctance and reap the benefits of cross-selling.  This is part two of a six-part article.  A link to the entire article appears below.

“When it comes to developing new business, most lawyers protest that they barely have time to market their own practices,” said Holmes.

“It can be very difficult to engage such a lawyer in a program aimed at developing business for a colleague or colleagues down the hall,” said Holmes.

Any effort to create a cross-selling initiative must be highly focused and must involve a lot of hands-on management by a firm’s marketing department.  It is the role of marketing to reduce the time constraint on lawyers as much as possible.

“Do your research to identify a core group of existing clients with potential additional needs, and to identify what those needs might be,” said Holmes.  “Provide dossiers on these clients.  Get input and buy-in from the attorneys who already work with the target clients.  Then assemble a small team of attorneys who could meet additional needs.”

Start with a small number of small groups composed of willing participants.  “One-to-one matchmaking between the relationship lawyer and a colleague who provides potentially complementary services often works just fine,” said Holmes.

“Launching a firm-wide cross-selling program comes with some negatives,” said Holmes.  “A large cross-selling initiative can raise expectations and spread marketing support too thin.  Not everyone will buy in.  Firm-wide programs allow skeptics to surface and undermine your efforts.  Instead, start small and publicize your successes.  Before long, lawyers will see the benefits and willingly join your program.”

Does cross-selling make you cross?  Learn how to overcome lawyer reluctance and win new work

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Experienced business developers know that it costs five times more to sell a new service to a new client than it costs to sell an additional service to an existing client.

After all, if you are doing your job right, your existing clients already know, like and trust you.  With these three elements already in place, the sales cycle is much shorter.

In spite of this fact, most lawyers and law firms concentrate their business development efforts and dollars on new client development.  This is a big mistake.

Cross-selling is the intentional and strategic effort to broaden the types of legal services a law firm provides to an existing client.

In addition to lower costs and shorter sales cycles, other benefits of cross-selling include protection of clients from “free agent” lawyers (because clients who work with more than one lawyer at a firm are less likely to leave when one of the lawyers leaves); increased competitiveness (as clients continue the trend of using fewer law firms for more of their work); a more collaborative firm culture (law firms deteriorate when lawyers and practice groups work in isolated silos); and improved morale.

Unfortunately, the mere mention of selling or cross-selling is enough to make most lawyers run for the nearest exit.

The benefits and challenges of cross-selling were discussed by a panel of experts at the monthly educational program of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held July 12 at Fogo de Chao in downtown Denver.

Panelists included Martha Cusick Eddy, managing director of Market Advisory Partners (www.marketadvisorypartners.com); Kathy Holmes, business consultant and executive coach with Holmes Communications (www.holmes-communications.com); and Phil Nugent, managing director at NCG Strategic Marketing (www.ncgmarketing.com).

The panelists surveyed LMA members to reveal six primary objections raised by lawyers to cross-selling – lack of time, lack of awareness, fear, loathing, distrust of colleagues and lack of compensation for their efforts.

(This is part one of a six-part article.  Access the complete article with this link.)

Does cross-selling make you cross?

Learn how to overcomelawyer reluctance and win new work

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(Part three of a three-part article; link to complete article below)

The panelists agreed that the best candidates for coaching are senior associates and junior partners who need to learn how to build and maintain their own books of business, and also new laterals who need help with the transition to a new firm culture.  Many firms also hire a coach when their long-time rainmakers near retirement or become ill, leaving the firm suddenly bereft of rainmaking talent and a pipeline of new business.

“Not all good lawyers are good candidates for business development coaching,” said Weiss.  “Half of the lawyers at any firm will be ‘below average’ in business development skills and potential, and realistically should be given some other support role to play.  A good writer, for example, could write a speech for a rainmaker to deliver.

“In addition, law firms have an unfortunate tendency to select their ‘problem children’ for coaching,” said Weiss.  “Even with the best of coaching, it is unlikely that these individuals will ever succeed.  Instead, law firms should select attorneys at the right stage of career development, who have innate ability and a true desire to do what it takes under the direction of a coach to develop new business.”

“Coaching candidates must be willing to make a time commitment of 10 to 15 hours per month,” said Beese.  “No one should be forced to participate.  In fact, it’s a good idea to make your lawyers apply for the ‘privilege’ of business development coaching.”

A good coach will work with each individual attorney to arrive at a customized goal that lies at the intersection of that lawyer’s personal and professional interests and abilities.

With this goal in mind, the coach will help the lawyer determine a plan (the specific tactics and activities that support those goals) and a timeline for each.  To be successful, tactics and activities must fall within a particular lawyer’s comfort zone.  Finally, the coach will meet regularly with the lawyer to monitor “homework,” offer suggestions and support, amend the plan and timeline as necessary, and set new goals going forward.

Jones has worked with three different business development coaches over the course of her career – including both Beese and Weiss.  “Each coach brought something different and valuable to the table,” said Jones.  “Also, you sometimes get into a routine.  Changing coaches can get you re-energized and keep you up-to-date with strategies that work for marketing. 

“When I started with a coach, I was told it would help me find more business – and it did,” said Jones.  “What no one told me up front was how much work it would be, and how that hard work would lead to positive changes in not only my practice, but also my life.”

Just like athletes, lawyers can benefit from (business development) coaching

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(Part two of a three-part article; link to complete article below)

Business development coaching and business development training are often confused.  They are quite different.  Coaching involves a confidential one-to-one relationship between an attorney and a coach, and involves scheduled interactions over a course of time (often a year).  Training usually takes place in a group setting, with little follow-up.

“When more than one lawyer at a firm is being coached at the same time, there is some benefit in combining coaching with training,” said Beese.  “Monthly group sessions can address general concepts and expectations, offer cross-selling opportunities and provide a venue for sharing success stories and asking for advice.

“Individual coaching sessions – either in-person or by phone – can focus on the development of individual business development plans and the skills, strategies and motivation needed to implement those plans,” said Beese.

At the same time, coaches need to understand the realities of legal work.  “Even lawyers who develop the best of habits will drop these habits when they get busy,” said Beese.  “A coach knows when to step back, and then re-engage when the time is right.”

“Under normal circumstances, I like to handle most of my own business development efforts,” said Jones.  “For example, I usually answer all of my own ‘cold’ phone calls.  But when I get really busy, it is helpful if our marketing group can screen calls and take good notes.  When things calm down, I pick up right where I left off.”

All too often, lawyers are exposed to a lot of random information about business development – but do not know where to start.  “This is where a coach can add value,” said Weiss.  “Where does the lawyer want to end up?  What is the first step he or she should take to get there? What comes next, and next, and next?”

The coaching function can be provided by an internal expert (in the case of many large law firms) or an outside consultant.  There are pros and cons for each.

Inside coaches often are more aware of institutional culture and cross-marketing opportunities.  Since they are on-site, inside coaches are more available for casual “drive by” consultations and advice on projects that require a quick response.

On the other hand, inside coaches are more likely to get bogged down in conflicting responsibilities and putting out fires -- and therefore have less time for scheduled appointments.  The lawyers at a firm tend to perceive an internal coach as an employee who should take direction from them rather than giving it to them.  Lawyers often feel uncomfortable discussing personal issues with an employee.

“Attorneys will always take a paid consultant more seriously than a salaried staff member,” said Weiss.  “An outside coach has much more bandwidth and is bound by a confidentiality agreement,” said Beese.  “He is focused on just one thing.  He schedules time for appointments and also for appointment preparation."

Just like athletes, lawyers can benefit from (business development) coaching

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(Part one of a three-part article; link to complete article below)

Professional athletes rely on their coaches – experienced individuals who help them hone their performance skills, create focused competition strategies and maintain a high level of motivation over the course of a career.

Similarly, a good coach can help any lawyer who is thrown into the competitive arena of business development.

Business development skills are rarely taught in law school.  If these do not come naturally to you, a coach can help.

Business development strategy is hard to formulate in the daily scramble to produce quality work for your clients.  If such focus does not come naturally to you, a coach can help.

The motivation to engage in business development activities runs hot and cold.  It may be sparked by a good article, speaker or training session, but can be difficult to maintain.  If you find it difficult to stay motivated, a coach can help.

A panel consisting of two attorney coaches and one coached attorney discussed business development coaching in a presentation at the monthly meeting of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain), held June 14 at Fogo de Chao restaurant in downtown Denver.

Panelists included Mark Beese, president of Leadership for Lawyers (www.leadershipforlawyers.com); Karen Samuels Jones, a real estate partner in the Denver office of Perkins Coie LLP (www.perkinscoie.com); and Bob Weiss, president of Alyn-Weiss & Associates (www.themarketinggurus.com).

Just like athletes, lawyers can benefit from (business development) coaching

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My friend John Temple is now blogging about journalism and the media at Temple Talk.  John is the former editor, president and publisher of the Rocky Mountain News, which printed its final edition -- after nearly 150 years -- earlier this year.

John blogs about online journalism and its impact (positive and negative) on traditional media.  Recent posts include "Pulitzers lost, what a cost," which explores the impact on public discourse when thousands of professional journalists lose their jobs.  In this series, he interviews winners of the Pulitzer Prize who are no longer at a newspaper -- for their reflections on what happened to their careers and how they view the future of journalism.  Thought-provoking stuff.

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Lawyers and law firms often maintain a non-productive love-hate relationship with reporters.  A panel of reporters and editors for daily, weekly and monthly publications in Denver discussed the reporter's perspective before members and guests of the Rocky Mountain Chapter of the Legal Marketing Association.  Participants included Greg Griffin, reporter at The Denver Post; Cara DeGette, managing editor of Law Week Colorado; Renee McGaw, reporter at The Denver Business Journal; and Mike Cote, editor of ColoradoBiz magazine.  The complete synopsis appears below.

Forget about love and hate:  Strive for "professional" in your relationship with reporters

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