Evaluate the cost/benefit ratio before agreeing to write or speak.

Before you decide to speak or to write an article concerning your area of practice, you must ensure that your time will be well invested.  Ask yourself the following questions:

  1. Will this reach the right audience? Writing for or speaking to the wrong audience (meaning, an audience composed of people whom you do not serve) will not bring enough benefit to justify the investment of time, so ask this foundational question before you begin. Your business development plan will define the right audience.
  2. How much time will this require? Short, practical articles (done well) will deliver good results in a reasonable time. Longer articles can be valuable in building your credibility, but they take a greater investment of time. Speaking always requires preparation, especially if you’re delivering a new presentation. Be realistic in your estimate of the time required — before you begin.
  3. What results would make the expenditure of time worthwhile? As with any business development activity, you must measure the results that you get from writing or speaking. What’s more, you must know, before you begin, what results would make it worthwhile for you to have taken on the activity. You may find that writing an article will pay off significant dividends for credibility enhancement, for example, but if you’re hoping to bring in new business in the near future as a direct result of the time you put in, writing almost certainly isn’t your best bet.
  4. How does this opportunity to write or speak compare to more immediate high-yield activity? Regardless of how terrific your article is, and regardless of the subject matter and the kind of results that you achieve, writing is a slow-yield opportunity. It is incredibly unlikely that you will write an article, have it published, and have your phone ring with a potential client calling you only because they saw that article. So, you must consider, before you begin, whether you would be better advised to invest your time in something that is a higher-yield activity. 

Writing and speaking can be an effective way to increase your professional reach, or it can be a time-consuming approach that delivers disappointing results. Going through these questions will help you to make foundational decisions that will get you on the right track — before you begin.

Will you clients and contacts think of you first when they need help?

Jon, a midcareer lawyer working in a boutique law firm, handles white-collar criminal defense matters. Most of his clients come through referrals from other lawyers. Far too often, those lawyers fail to appreciate that they need someone who practices in the area every day. Instead, they try to handle a matter themselves. After doing the best they can and finding that their best is insufficient, they discover that they need someone who knows the government prosecutors and who can read the subtle signals in government requests.  That’s where Jon comes into the picture.

Jon can only get referrals early in the process—early enough to be of maximum assistance to the client—if the lawyers who send those referrals, think of him as soon as a white collar issue arises. A prevalent myth holds that simply being a great lawyer who gets great results is enough to bring in business. Unfortunately, if you are not top-of-mind for your clients and contacts, they won’t think to call you even if they do need you. What’s more, especially if you deal with clients who are not legally sophisticated, they may need you and not even know it. 

In an ideal world, your contacts will always think to call you when there’s a matter with which you might be able to help. In the real world, your contacts are likely to be so preoccupied with their own concerns that they won’t think of you unless you have taken steps to ensure that they know your skills and that you regularly engage with them.

What’s the solution? Deliver interesting and useful information to your clients (including former clients) and contacts on a regular basis, and use that delivery of information to build and maintain relationships with them.  When you engage in a useful way with your contacts, you raise your profile with those contacts. You may become the go-to person in a particular area of practice by virtue of the relationships you build over time.

Here’s what you need to do:

  • Create a clear description of your practice, including examples. Test it to be sure that a wide variety of people understand what you do and what kind of work you handle.
  • Share that description (in a natural way) when you talk with others, and share the stories that will root that description in their memory. We’d all like to believe that a single explanation of the work we do is sufficient, but chances are that it isn’t.
  • Look for opportunities to deliver useful information. That delivery can come in the form of widely distributed newsletters or client alerts, or you can send interesting articles or thought snippets one-by-one. Just be sure the information you share is relevant and adds value for the recipient.
  • Whenever you get in touch with someone in your network, create opportunities to build the relationship just a little more. Relationship-building doesn’t have to mean a 3-hour lunch. It can be as simple as, “Did you catch the game last night? Do you follow [seasonal sport]? Who’s your team?” When you keep in touch, you’ll have plenty of chances to have a short exchange that will grow your relationship.

Everyone is operating inside his or her own bubble, and it’s your job to reach into the bubble (in a welcomed, non-intrusive way) as a reminder that you’re a likeable person who’s ready to help. Done properly, that message will be exemplified in everything you do, and you’ll feel much less pressure to make a plea for business.

Legal Business Development: How do I choose the right differentiators?

A reader sent in a question following this article about finding ways to stand out from other practitioners in your field. After outlining several potential points of differentiation, this general litigator asked, “I just can’t figure out how to make myself stand out in a town with thousands of attorneys.  I write, I speak, I’m involved – but I am not really generating any traction. How do I choose the right way to differentiate myself from everybody else?” 

My Answer: 

Distinctions come to be in one of three ways:

  1. By virtue of the practice area, such as Hatch-Waxman Act work or doing special needs trusts.
  2. Due to some particular experience or skill developed in the past, such as a patent licensing lawyer who has a background in tax issues and can therefore address at least some tax issues without having to resort to a tax lawyer.
  3. As the result of experience gained over time in one or two specific subcategories of a practice — which is what you describe with the concentrations you mentioned and (to a lesser degree) the classes you’ve taught as an adjunct professor.

When it comes to building your own practice (as distinct from looking to introduce potential clients to other firm lawyers in other areas of practice, for example), #3 is probably the most common way to set up a point of distinction.

When you’re deciding what to pursue to set yourself apart, think about whether the areas of practice you might pursue are ones you enjoy and could envision as the scope of your practice, the likelihood that those areas will hold steady and preferably expand over time, and the accessibility of a viable category of potential clients who would need help in those areas. If one of the substantive areas you’re considering tends to be cyclical, consider whether there’s a related practice area that is counter-cyclical. There’s nothing wrong with a cyclical practice area as long as the same factors that would drive business down in one area would drive it up in another.

Given that you’re in general litigation, I think you’ll end up with two avenues of distinction: one is substantive, as you’ve outlined above, and the second may be in terms of how you serve your clients. Think about what you can do to make it easy for your clients to do business with you, how you can provide a “value add” for them, and so on. Those take time to figure out, but keep it in the back of your mind and notice what you see that works well (or not) and what clients seem to value.

Most importantly, recognize that even though a distinction may sometimes occur organically, it more often is something that you will select and them bring to fruition. That means that you can choose your area(s) of focus and work to increase your experience and build your reputation in those areas, but it also means that you need to make your decision now and get moving.