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Law Practice Management

Law Practice Management. Classes #10 and #11 Marketing. Representing Friends and Family Don’t do it!. No matter how well you do, it will never be good enough No matter how little you charge, it will always be too much. If you have to do it.

kadeem-weaver
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Law Practice Management

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  1. Law Practice Management Classes #10 and #11 Marketing

  2. Representing Friends and FamilyDon’t do it! No matter how well you do, it will never be good enough No matter how little you charge, it will always be too much

  3. If you have to do it Be friendly and courteous in social settings when you are approached Get them into the professional atmosphere of your office Don’t reveal confidences to other family and friends Take care with billing Always send bill even if nothing is due Bill should show full amount, then subtract “family” or “courtesy” discount

  4. “Announcing” your new practice Compile mailing lists (start NOW) Email U.S. Mail Practice management programs can help you compile these lists, print labels, etc., for regular mail Bulk email services like Constant Contact let you send out professional email annoucments and newsletters

  5. Who to include? Classmates (H.S., college, law school) Church congregation members Family and Friends Members of organizations you belong to

  6. Announcements Engraved Heavy, good paper stock Include a business card with each announcement Consider enclosing freebies such as refrigerator magnets, letter openers, pens, wallet calendars, etc. Recipient will keep and be reminded of your availability for legal work Allow a month or two for delivery after ordering

  7. Stationary Order in advance Need Letter-sized bond letterhead Letter-sized bond blank pages Letter (aka “legal”) envelopes Business cards Cheaper paper and envelopes for non-client communications Window envelopes for billing

  8. Yellow pages ads Targeted more to “blue collar” clientele Note significant time lag between ordering ad and publication of directory – up to a year Place smaller ads in each legal category you handle instead of just one large general ad Full page ads very expensive for new lawyers

  9. Newspaper ads Large metropolitan papers often a poor choice Small local or neighborhood papers, college papers, shopping news, etc., are more cost effective Classifieds work as well as display ads Regular ads necessary, not one-shot deal Potential clients will look for ads when they need a lawyer, not when you feel like running an ad

  10. Clever ads and announcements

  11. Personality, not attitude, builds business Clients enjoy working with people they like Often the best humor is self-deprecating

  12. Non-complying ads

  13. Radio ads Not cost-effective in large markets Work best in small towns and rural areas

  14. Television ads Not cost effective for new lawyers, and perhaps not for any lawyers Cable better than broadcast TV Can target your market better based on both interest and geography

  15. Web marketing Tech-savvy (and more affluent) clients shop for lawyers on the Web Replacing the Yellow Pages and other print sources for the most desirable clients Need to be sure your Web site meets all state bar advertising requirements Make your web ad memorable Or dull but honest

  16. Florida Bar 2012 Economics Survey

  17. What makes site effective? Content - the information contained within the site Usability - how easy it is to access this information Design - how well graphics are used to present the information Marketing - how effectively the firm uses its website to differentiate itself

  18. Effective web sites Content is key VisaLaw is busy, but full of info Anderson Kill & Olick, P.C. is simple, but useful Jeanne Hannah’s site contains great content

  19. Chat rooms? FL Ethics Opinion A-00-1:An attorney's participation in a chat room in order to solicit professional employment is prohibited by Rule 4-7.4(a).

  20. Social Networking:What are FL Lawyers Using? Facebook – 15% Linked in – 13% Martindale-Hubbell Connected – 8% Twitter – 2% MySpace – 2% Legally Minded (ABA) - <1% Legal OnRamp - <1%

  21. Social Networking RulesThe Florida BarGUIDELINES FOR NETWORKING SITESAPPROVED BY THE STANDING COMMITTEE ON ADVERTISING(Revised May 8, 2012) Pages used solely for social purposes are not subject to the lawyer advertising rules. Pages used to promote the lawyer or law firm’s practice are subject to the lawyer advertising rules. Regulations include prohibitions against any misleading information, which includes references to past results, promises of results, and testimonials.

  22. “YouTube" RulesGuidelines for Video Sharing SitesApproved by The Standing Committee on Advertising(Revised May 8, 2012) Videos unrelated to the practice of law are not subject to the lawyer advertising rules. Videos used to promote the lawyer or law firm’s practice are subject to the lawyer advertising rules and must comply with all of the general regulations set forth in Rule 4-7.2.

  23. Law Firm Blogs:Used by FL Lawyers? Yes – 8% No – 92%

  24. Be master of your own domain Lawyer or firm email address ending in name of ISP, or aol.com, yahoo.com, etc., does not convey professional image Register own domain and use forwarding service from My Domain or Go Daddy Use your name, but better yet, use a name that identifies what you do

  25. Happy clients as a marketing technique Return all phone calls promptly Don’t let the sun set on a phone message Use correspondence to keep clients happy Clients get copy of everything that comes in or goes out (but only after lawyer has seen it) Anything they get reminds them that you are working on their case (they don’t have to wonder)

  26. Time-triggered lettersCan generate business Lease renewals Child reaching majority Contract renewals Corporate annual meetings Criminal record expungement

  27. Organization membership as marketing Social, civic, and charitable organizations are good source of clients Need to join for genuine motives to build trust – phonies are easily spotted Avoid organizations that are already lawyer-heavy As newcomer, you can’t compete

  28. Look to your vendors for clients Tech service personnel Sales people Other professionals CPA’s Insurance agents Physicians

  29. Senior citizens as clientsWe have an abundant supply! Seniors are wealthiest segment of society Often need special care and attention Accessible office for seniors Close parking Ground floor office or accessible elevator Carpet not too thick for wheelchairs or walkers Quiet office Good lighting Take your time moving and explaining Have wheelchair available

  30. Senior legal issuesSurprisingly diverse Wills, estate planning Guardianship Nursing home Medical care Property sale Insurance or government benefits Pension rights Grandparent visitation Divorce

  31. Mining your own closed files Set up a multi-year follow up calendar for all of your clients Reminds you to contact client when certain amount of time has passed since file closure This can be automated with many practice management programs

  32. Automatic follow-up Corporate minutes/annual meetings Lease option dates Contract renewals Will reviews Judgment renewals Minors becoming adults Criminal record expungement Domestic relations issues

  33. Keeping Clients Efforts vs. Results Clients need favorable results Clients want effort Whether a client comes back to you, or refers other to you depends more on their perception of your Effort than an objective measure of Results

  34. Projecting Effort Copy of all documents and communications send to client Return client calls immediately If working at night or weekend, make up reason to call client about his/her case Bill monthly (at least) Make “house calls” to client’s place of business (or residence if appropriate)

  35. Projecting Effort (cont.) Update clients on new case law, statutes, or rules that may affect their case or business Don’t create inflated expectations about fees, time intervals, or results merely to keep client happy Client won’t be happy when expectations are not met

  36. Satisfy clients by Explaining the legal process and the client’s legal position Listening to the client Demonstrating interest and concern for the client Dealing honestly with client on fee matters Keeping client informed of progress on their matter Promptly returning client’s phone calls Promptly completing client’s legal work

  37. Why clients fire lawyers Client dies 1% Client relocates 3% Client dislikes work product 5% Client has dispute with lawyer 24% Client feels service was not good 67%

  38. Which cases/clients to turn down? Never be third lawyer on case One prior attorney may be merely a personality conflict Two prior attorneys suggest problem with client Always check with prior lawyer(s) Unpaid fees? Lien for his/her services?

  39. Which cases/clients to turn down?(cont.) “Hurt feelings” or “vindication” cases (questionable damages) Defamation Brawls and assaults Landlord-Tenant cases Client (no matter which side) will never be happy and will resist paying bill Sometimes more vindictive than divorces

  40. Which cases/clients to turn down?(cont.) Clients who set unreasonable or arbitrary deadlines for completion of a matter Clients who cannot articulate their goals at the beginning of the engagement Clients who are rude to you or your staff Clients who want a “favor” in the form of a family or friends discount

  41. Which cases/clients to turn down?(cont.) Divorce cases for people heavily in debt Unless you get paid in advance Don’t count on court awarding meaningful fees Criminal cases Unless you get paid in advance Inmates are not likely to pay Cases where opposing counsel is on your “life’s too short” list

  42. Which cases/clients to turn down?(cont.) Slip & Fall Unless damages are substantial Clients who say they are “only interested in the principle, not the money” Clients who want to use your phone, staff, and office to do their business Clients who ask you for a loan against their anticipated recovery

  43. Which cases/clients to turn down?(cont.) Cases where client promises other side “will settle right away to avoid publicity of litigation” Cases entirely without merit Religious fanatics who say “God sent me to you” because they may expect God to pay the bill

  44. Which cases/clients to turn down?(cont.) Clients who say they’ve consulted other lawyers before you, but won’t identify the lawyers Clients who refuse to give you their home address and want you to accept only a P.O. Box or email address Clients you just “don’t like” Huge emotional toll working for clients you actively dislike

  45. Which cases/clients to turn down?(cont.) No. 1 Rule: “Trust your gut” If you feel uncomfortable about a client or case, examine why That examination will tell you all you need to know LOMAS: May disciplinary consultations start off with “ I can’t believe it! I just knew that guy was trouble!”

  46. How to say “NO” Tell client the truth No merit to case Case makes no economic sense Suggest alternatives Small claims court Other lawyers Self-representation ADR

  47. How to say “NO” (cont.) Asking for money up front will weed out bad clients/cases, and reduce need to say “no” Always follow-up “No” with written confirmation Non-engagement letter, See Foonberg, pp 242-245

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