You failed? Congratulations!

I don’t encourage failure… Mostly.  It’s helpful to assess and mitigate the risks of failure when you’re stepping out with a new activity.  There’s no glory in the “ready, fire, aim” approach when you have the time and the ability to do some (but not too much) preparatory  work that increases the odds of success.

BUT.

If you’re not failing despite doing some prep work, you’re probably not taking big enough steps.  Please, don’t fail because of laziness, intellectual or otherwise. But recognize that if everything is going so swimmingly that you’re not failing at all, you’re leaving something on the table.

You cannot succeed unless you’re willing to fail.  Be willing to take a risk.  The more you do, the higher the risk of failure – and the higher the chances of success.

This video (which happens to be an advertisement for Nike) brings it all home.  Take 31 seconds to watch.  Yes, now.

By nature and by nurture, we’ve been trained to avoid taking risks.  Sure, it’s safer to do only what you know will work (even though sometimes you’ll be wrong about that, too, especially where people are concerned) but you’ll also miss a lot of opportunity.

An example for your consideration.  Referrals and introductions often come by email – “Bob, meet Susan, I think she may be able to help with your blah blah blah question.”  If you’re Susan, an email is the safe response to that introduction.  But a telephone call is often a more engaging and helpful response.  There’s risk involved: what if Bob doesn’t want the introduction or the help?  What if Bob is too busy and a call is an interruption?  That’s a risk I’d suggest you take almost every single time.  Sometimes you’ll fail, but (if you handle the calls well) the successes will outweigh the failures.

So, this week, ask yourself where you’re stopping yourself because you might fail even if you prepare as well as you can.  Specifically with business development and client service, what might you do differently if you were willing to fail?

Don’t aim to fail.  Do take some risks and accept that you may fail before you succeed.

When life throws you a curveball…

Life has a way of throwing curve-balls.  Sometimes they come in the form of emergencies that demand attention, sometimes they’re staff departures (planned or otherwise), and sometimes they’re opportunities that you just can’t pass up, even though jumping in will eat every bit of time and energy you have.

How do you cope with those curve-balls?  You can implement three strategies now so that you can deal with curve-balls as they come your way.

  1. Create an “operations manual”.  Those of you working in large firms may have access to some sort of manual that defines how certain tasks are to be completed.  However, whether you’re in a large firm or working as a sole practitioner, you must have a document that explains how we do things around here.  How should an assistant answer your telephone, when should he schedule appointments for you, and what should he tell callers who need to reach you urgently?  What needs to be accomplished every day without fail?  It’s daunting to imagine creating such a document from scratch.  Start today.  Document every task that you complete and request your assistant to do the same.  (No assistant?  No excuse!  If everything is in your head, the need is even greater.)  The manual that you build will allow you to cut down on the time necessary to train a new employee, and if you are called out of the office without notice, the manual gives a roadmap to keep things running without you.
  2. Use technology well. Most lawyers now use some sort of electronic calendar and docketing system.  Who else has access to your professional calendar?  Even if you choose not to allow anyone access to that information on a day-to-day basis, you should consider creating a login that you can provide on an as needed basis to an assistant.  If you are currently working without an assistant, you should create a way for a temporary assistant to have access to your calendar so that she can contact your clients and reschedule appointments if necessary.  (In fact, it may be incumbent upon you to do so, depending on the ethics rules in place in your jurisdiction.)  Let’s hope than you’re reachable in the case of curveball – but if you’re hit by a bus, some mechanism must exist to meet your clients’ needs.
  3. Maintain a comprehensive “to do” list. Many of us go through our days tucking “to do” items into our memory.  This approach creates stress, as you’ve experienced if you’ve ever been lying in bed, just about to drift off, when you’re suddenly jolted to full consciousness with the question, did I send that email/make that call??  For purposes of the “what if” conversation, however, if you maintain your task list in your head and get pulled away by a curveball, there’s little chance that you’ll be able to sort tasks effectively to be sure every task is covered.  If the curveball should take you suddenly out of commission, you’ll have no opportunity to pause and download all of the tasks in your head onto paper.  Instead, use a Word document, a spreadsheet, or task management application to keep track of every task (of any magnitude), and be sure you can sort those tasks by due date, importance, client, and project.

If you use these strategies, you’ll be able to handle the curve-balls that come your way.   Remember that curve-balls generally come with no notice, so assess your preparations today and begin to fill the holes you discover now.

Or maybe your brain is working against you.

In recent weeks, this newsletter has asked how committed you are to business development and how being busy does and should affect your business development activity. Both important questions, but…
What if your brain is working against you? Prompting you to focus on urgent but less important tasks while shelving important but not urgent tasks — those with no concrete deadline, like most business development activity? I’ve discussed important vs. urgent in the context of productivity, but here’s a new article that takes a fresh look at this phenomenon.
Whether you’re facing low commitment, being “too busy,” or letting unproductive brain habits run the show, knowing what’s getting in the way of your business development efforts is step one to solving it. If you need help, let’s talk. In August, I’ll be offering just a few limited engagements designed to identify what’s getting in your way (whether it’s behavioral, a skills deficit, or poor strategy) and get you back on the right road. To see if I can help you, please click this link to schedule a complimentary consultation.

“But I don’t have time!”

Have you ever complained about business development activity because you just don’t have the time?  Might as well admit it: this is one of the top objections I hear and observe. I’ve even had this complaint myself.

But here’s the sad truth: it doesn’t matter. You know that already. If you don’t have time to develop business, it hurts no one but you. And make no mistake: it will hurt you.

Sometimes a lack of time is a legitimate objection. If you’re working on a discovery deadline or deep in negotiations to close a deal—in other words, if your lack of time has a clear horizon—then your complaint has both validity and an end in sight. What do you have in place to carry you through the busy period? While far short of full activity, having a newsletter (remember, you can recycle evergreen content) or even sending email check-ins to keep in touch with high-priority contacts can get you through until you can resume your normal business development work.

But what if you’re always busy? On the one hand, it’s a good problem to have if your busy-ness is due to billable work. You (or someone else who’s feeding you work) are busy serving clients, which is the goal. However, without a reliable pipeline of new work, your busy period might lead you into the feast/famine cycle.

Ask first whether you’re genuinely busy or whether something else is going on. I don’t like balancing my checkbook, and it’s amazing how often I find that I’m “too busy” to do it. Do you dislike business development activity? Do you resent that you can’t just focus your time on practicing? If so, you may find that you’re not as busy as you think, but that you’re great at rationalizing why other tasks take priority.

If you’re truly always busy, check out this article to figure out how to find your minimum effective business development activity. 

If it feels like you can’t even hit the minimum you identify, it’s time for more drastic action. Try one of these pattern-interrupts.

  • Drop something that isn’t a high priority. Take a critical look at your schedule and see where you might eliminate a time suck or how you might be more effective. If you tend to record your time on a weekly or monthly basis rather than daily, that’s a good place to start. Reconstructing your time is far slower (and less accurate, leading to potential financial loss and even ethical problems) than recording it as you work.
  • Consider how you might combine activities. This isn’t a slam-dunk, but check to see if you could combine non-billables in some way. For example, could you do necessary reading while you’re on the treadmill? Could you create your task list while you’re commuting?
  • Look for pockets of time. Yes, you might be more effective with big chunks of time. You might prefer to work a task to completion. If that isn’t happening, though, it’s time to look for an alternative. Find and use pockets of time, leaving trails so that you know where to pick up next time. If you can find 5 or 10 minutes a day and you use that time both consistently and effectively, you’ll make more headway than you will if you wait until conditions are ideal.
  • Not as in “retreat from your objectives,” but plan your own business development retreat. If you’re always busy, you may need to take massive action to get tasks done. Try taking one day (or even a half-day) a month to make real progress on your biz dev work, and you may be surprised what you can accomplish. This may mean giving up something else that’s valuable to you, so it might be a quarterly action rather than weekly or monthly. 

Finally, check your goals. In a very (very) few instances, you may not need to focus on business development after all. If you’re the beneficiary of a rainmaker’s new work, and if you’re willing to accept the gamble that nothing will change, so be it. If you decide that you want to leave practice, it may not make sense to spend your time building a book of business. Just be careful as you make this evaluation, since things can change on a dime and deciding not to build your own practice could come back to bite you. Hard.

 

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How committed are you?

Be committed.  What’s the first thing you think when you think of commitment in the context of your business?  Without commitment in three particular areas of business, success is unlikely.

  • Commitment to succeeding in the business. What’s your backup plan if your business doesn’t prosper?  Some professionals (especially the risk-averse, like lawyers) need to have a backup plan to feel secure, but having an acceptable fallback can in some instances be a sign of serious trouble.I recently spoke with a lawyer who commented that she was excited about opening her own practice and determined to make it work, but that if things didn’t go well, she was could always go back to the job she’d left.  Plan B so permeated our conversation that I virtually guarantee she’ll be back at the job within a year.  And that’s ok, except that she’ll return with a feeling of failure if she doesn’t recognize that she was never really committed to building her own business.

    I don’t know a single person (especially over the last couple of years) who hasn’t wondered at least occasionally what if this doesn’t work… But having a clear fallback position makes it too easy to put that plan into action instead of executing the plan to make the business work.  The reason is often simple: Plan B is familiar and safe, which may not be the case with one’s own business or practice, especially during the start-up phase.

    Let me be clear: sometimes a business doesn’t work or a practice lacks the clients to survive, and you still have to pay the mortgage.  If that happens, adjust course.  You may need to take on some part-time work or even throw in the towel on the business.  But if you’re starting every week (or every day or every project) with Plan B in mind, you’ll end up with Plan B before you know it.

  • Commitment to business development. To get consistent results, you must be consistent with your business development efforts.When I consult with a potential client who wants to bring in more business, I always ask questions to uncover not just what business development activities they’ve tried, but how consistently – and when a business is underperforming, consistency is always lacking.

    Create a schedule of your activities, divided into daily, weekly, monthly, and quarterly activity.  Otherwise, you’re leaving it up to chance.  Even when you’ve developed a habit, a change in outside circumstances can undermine that habit, and you’ll never even notice unless you have a system in place.

    One client wrote articles for publication every other month, but when the journal that published those articles went out of business, he neglected to put writing for publication on his task list, and guess what?  It just didn’t happen.  He searched out a couple of journals eager to publish his articles and added writing to his quarterly task list so it wouldn’t slip through the cracks again, and his stalled list of publications began growing again.  Checklists and schedules will help to keep activity consistent.

  • Commitment to clients. I have observed professionals who are so committed to growing their businesses that they focus almost solely on getting the next new client, leaving behind current clients.  Some professions mandate a minimum level of client service, but when’s the last time you felt good about receiving adequate service?To succeed in business, make it part of your habit to deliver exceptional client service.  That means providing the substantive service the client needs, plus providing it in a way that surpasses need.  For example, one of the top complaints about lawyers is that telephone calls go unreturned.  (I haven’t seen statistics, but I imagine unanswered emails are a growing area of dissatisfaction as well.)  Of course, you must respond in some way to your clients’ communications to provide adequate service.  Take adequate to excellent by setting a policy that you or someone on your staff will respond to every client communication within X amount of time, and then stick to that policy.

    For ideas on crafting service that will delight your clients, read Seth Godin’s excellent book Purple Cow: Transform Your Business By Being Remarkable. 

How committed are you?  Are you willing to do what it takes to grow your business or your practice, applying a “no excuses” approach?    

The art of the ask: how to ask for business (and when not to ask)

How do you ask for business?  We all know intuitively (or through training) that those who don’t ask typically don’t get business.  However, many lawyers are reluctant to ask explicitly for business, and rightly so.  A flat request can disrupt a relationship if the answer is “no,” and, under some circumstances, asking can even be an ethical violation.  Even when those concerns are not in play, some lawyers may feel pushy if they ask for business.  And yet, the inner voice cautions (or should caution!), if you don’t ask, you don’t get.

Know whether and how to ask for business requires you to check several considerations. A few examples are:

  • Listen to your gut… If you’re sensing that an explicit request for the business may be too pointed, you could be correct.  Try a gentler approach (something like “I’d be happy to suggest an approach for that”) may blunt the approach and yet get the message across.
  • …But notice how often your gut tells you not to ask. If your gut almost always tells you that asking would be too pushy, it’s time to do some work on your comfort level.  What conditions would have to exist for you to feel comfortable in asking for business?
  • Look for the win / win. Lawyers often use rather violent language for business development:  “eat what you kill” compensation systems, “killer instinct” in pursuing new work, and “bagging a client,” for instance.  This language casts the lawyer as the hunter and the potential client as the victim or the target.  Although few lawyers actually regard their potential clients in that way, the fear of being perceived as a ruthless hunter may prompt a lawyer to hold back. It may even prompt lawyers to ask for business so tentatively that the request implies that the potential client would be doing the lawyer a great favor by hiring him. When you issue a good request for business, you know the benefit and value you’re bringing, and you can weave it into your request.
  • Listen to the potential client’s concerns and offer some feedback, leading naturally into an offer of further help. If you take this approach, be sure that you don’t stray into giving legal advice without sufficient knowledge of the facts.  You can suggest potential avenues or approaches for consideration, though, and offer to help if your contact would like to explore them.
  • Invite a potential client to your office for a consultation, and specifically mention that you’ll discuss your engagement letter and answer any questions they may have. If you know enough about the client and the matter to be sure that you would be willing to accept it, this can be a natural way to move the conversation forward.

Asking for business requires both the right mindset and the right words or technique.  You might get hired without asking for the business, but until you master this skill, you can’t count on growing your book.

Think about your current “low hanging fruit,” or the potential clients most likely to retain you right now.  What approach would be most helpful for them? What approach will open the possibility of working with you most effectively? When have you held back from a request, and how might you recover and adjust your habits going forward?

 

 

 

Track Your Results, Grow Your Practice

My clients often tell me that they don’t need to track rainmaking results, that they just know what’s working and what isn’t. Keeping records may seem inconvenient and unnecessary. In reality, though, simple tracking will help you to get better results in business development. 

If you’re getting new business, you know something is working, but you may not know what. If you don’t track your rainmaking activity and results, you risk three problems:

  • You may find it difficult to make a rational decision about whether to continue an activity. Without data on whether a particular effort is paying off, how can you know whether your investment is worthwhile?
  • You may overlook a valuable source of new business. For example, one of my clients reported that an acquaintance sent him three potential clients in a ten-month period, yielding income of close to $30,000. If he hadn’t tracked where that business came from, he might not have been able to express his appreciation and further develop the relationship, which in turn led to even more business.
  • You may mistake luck for skill. Beginner’s luck isn’t limited to card games, nor is it limited to beginners. Sometimes new business comes flooding in for coincidental reasons. Without tracking the source of the business, there’s a risk of overlooking the coincidence, focusing on the results, and reducing activity. The consequence? A drop in business when luck dries up and skill has not taken its place.

Many lawyers believe that having a sense of how new business comes to them is good enough. And for a handful of lawyers, that may be true. In most cases, though, an informal, memory-based, qualitative system for tracking results is not dependable.

Memories fade and may be inaccurate. Just as mental tracking is unreliable for balancing a checkbook, it is insufficient for making decisions about business development activity. Every lawyer must have a client intake routine that includes determining how that client became aware of you and your practice.

Remember this insight from business performance improvement expert Dr. H. James Harrington:

Measurement is the first step that leads to control and eventually to improvement. If you can’t measure something, you can’t understand it. If you can’t understand it, you can’t control it. If you can’t control it, you can’t improve it.

If you aren’t tracking the sources of your business, start today. Here’s how: 

  • When a potential client contacts you, make sure you or your staff asks how she found you. When getting this information becomes habit, you’ll start to build useful data.

  • Incorporate questions about how the client came to contact you or your firm into your client intake form. You may find that you get clearer results if you offer check boxes for the activities you’re engaged in (speaking, a blog, or referral, for example) rather than leaving a blank for the client to complete.
  • If you are working in a larger firm that does not use intake forms, consider creating your own form. Request sourcing information as well as information about how and when a client wants to be contacted, who else should be kept apprised of the matter’s progress, and other information that will help you to deliver better client service.

Recognize too that your data probably will not be 100% accurate. Depending on your practice area, some clients may not know how they found you, and some may be unwilling to tell you. Nevertheless, any information you get will be more useful than a baseless guess.

What records will you keep to track the sources of your new business?

Productivity thrives in a clear mind

Have you ever had one of those nights, when you doze off only to be jolted awake with worry about something you need to do? Or caught yourself thinking “as soon as I get back to the office, I’ll send that email to the client,” only to realize hours later that you didn’t do it?

When you have a lot going on, things tend to get dropped or otherwise fouled up. Especially if you’re worried about something or you’re facing a difficult decision, your thoughts may be agitated by the “noise” of life. To-do items blend with ideas and interruptions into one big fog of mental chaos.

One recent example from: I was preparing for a major client meeting in between meeting with my mother’s doctors and hospice aides. On the way home, I stopped the grocery store.  By some miracle, I had a list of the items I needed to buy.  But I was so distracted that I returned to my car to find the keys in the ignition and the car engine running!  Just today, I passed by an empty car parked in a garage with the engine running, and I wondered what stress caused the driver to make that mistake.

Maybe you’ve never left a car running, but almost everyone has a story of errors, omissions, and just plain dumb moves that come from an overfull brain. An oldie-but-goodie post by Zen Habits titled 15 Can’t-Miss Ways to Declutter Your Mind can help you get clarity and focus so you can get things done.  The tactics (with clarification available in the Zen Habits post):

  1. Breathe
  2. Write it down.
  3. Identify the essential.
  4. Eliminate
  5. Journal
  6. Rethink your sleep.
  7. Take a walk.
  8. Watch less TV.
  9. Get in touch with nature.
  10. Do less.

Does this seem soft? It’s just another step to reach the focused mind described in David Allen’s Getting Things Done. If what you’re doing isn’t working as well as you’d like, maybe it’s time to try another tactic.

Threat or opportunity? It’s all about perspective.

Most businesses do some sort of year-end review and lay plans for the next year.  Many client-based businesses slow down a bit at the end of the year, and you have two choices: coast along, or use the downtime to your advantage.  Surely you can guess which approach I’d advise!

When you sit down with pen and paper or cozy up with your computer, what’s the best way to look at where you’ve been this year and where you’d like to go next?  Or, for those of you who are new in business, what should you be considering as you lay your plans?

You may have heard of a SWOT analysis, which stands for Strengths, Weaknesses, Opportunities, and Threats.  SWOT analysis is taught in business schools and elsewhere as a model to distinguish your business from competitors.  It’s a helpful model, but it’s never felt like a fit to me.

I don’t find “threat” to be a helpful concept – and it isn’t because I’m an overly optimistic Pollyanna who never sees a threat.  Certainly, there are situations and circumstances out there that can pose a challenge to your business, some of which can be fatal if they’re ignored.  But focusing on “threat,” in my experience, tends to call forth a defensive response, which sets up a reactive, rather than a creative, approach.

A more powerful perspective recognizes that where an obstacle exists, there’s almost always an opportunity.  Sometimes it’s exploiting a particular market condition or a news story that’s put negative focus on something you or your clients are doing.  That’s an opportunity to turn lemons into lemonade, meaning that the opportunity isn’t one you would necessarily seek out under other circumstances.

But sometimes spotting an obstacle leads you to recognize an opportunity that you would have dismissed as a problem.  A few months ago, I was talking with a lawyer whose practice centers on family law and who wanted to work with a certain slice of the celebrity market.  She’d identified a big obstacle: she wasn’t a part of the celebrity lawyer crowd.  She described a group of lawyers known to one another and to that market, and even though she had many celebrity contacts, she was an outsider to that world.  And there’s the opportunity.  Much as politicians campaign on having the “outside the beltway” perspective, she could position herself as someone who wouldn’t have the same old, same old approach already known to others in the crowd.  She could use her outsider status as a positive differentiation.  Do you see it?  Obstacle… Opportunity.

Another example: I worked with a consultant whose business was exploding at the seams.  She had a unique process to solve a particular problem, and she had a deep connection to the community of people who were struggling with the problem.  Obstacle: not enough time and energy to work with the clients beating down her door.  Opportunity: she was able to raise her fees so that she could work with fewer clients one-on-one, and she certified some associate consultants in her process, so clients who couldn’t didn’t want to pay her new fees could still work with someone she’d personally trained to apply her unique process.  The result?  She continues to serve a large community and to help them solve their problems, but she now does so in a way that provides more income without draining her energy.

What’s your biggest obstacle?  You know, the one that keeps you up at night.  The one that you find yourself worrying about even when you didn’t intend to think about business.

Turn that obstacle on its head.  Look for the (as yet) unappreciated opportunity that exists within it.  Sometimes it’s difficult to see the opportunity if you’re too close, so ask for help from creative colleagues.

Messaging

I ran across a nice article this week that will help: How Doctors (or Anyone) Can Craft a More Persuasive Message. The article centers on the distinction between the message and the messenger, which is certainly critical, but it also offers three simple factors that you can use to form a more persuasive message.

  1. Expertise. Convey your expertise using “authority cues.” For a doctor, those cues might include a display of medical diplomas or the choice to wear a stethoscope. How does your office cue the perception that you are an authority in your field? What about your presence? Pay attention to both where you choose to have a conversation with a prospective client and how you present yourself.
  2. Trustworthiness. Generally speaking, you won’t be able to present an approach as a 100% ironclad certainty. The article suggests sequencing your message by sharing uncertainty just before delivering your strongest argument. How else might you convey that you’re trustworthy? For a potential client, think about the message you send when you’re on time for an appointment (or not), when you’re able to talk easily about your client’s business and/or legal situation (or not), and when you exhibit strong leadership presence (or not).
  3. Similarity. How can you signal that you and your prospective client are similar, without undermining your expertise? Language is important here: using legal terms of art with sophisticated legal consumers, for example, and more ordinary language with those less accustomed to addressing the legal issues at hand. You might also seek ways to demonstrate shared business values as well as other sources of common ground.

Read the article for insight on how you might communicate more persuasively. And where you have a choice in forming a team approach to a business pitch, consider especially the article’s question about who’s likely to be the most effective messenger.