Best two lines ever on business development

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Tom Kane of the Legal Marketing Blog has written perhaps the best two lines on marketing that I have ever read:

You can overcome your procrastination when it comes to developing business by doing a simple item each day. If you don’t get started, you may never become an effective marketer.

Fortunately, his post Spend a Few Minutes Each Day on Business Development continues with a number of concrete suggestions, drawn from Terrie Wheeler’s recent Law Practice Today article on Low Cost, High Impact Strategies to Market Your Law Practice – Even If You Only Have Five Minutes!

A number of clients I’ve coached struggle with procrastination.  I’ve been there too.  Often, perfectionism underlies procrastination, and I find that to be especially true concerning tasks that (like client development) aren’t deadline-driven.  What I love about Wheeler’s 5-minute ideas is that “perfect” or “not perfect” need not enter the picture on many of the ideas, and that may help to quiet the inner perfectionist.

Tuesday shorts: 9/18/07

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I posted a few weeks ago about Saying NO, and I recently ran across a post on The Marketing Mix that suggests 7 ways to say no in a post titled, How to say “no, thanks”.  After all, as is so often true with communication, it’s just as important to know how to say it as what the “it” is that you want to say.  Ilise Benun offers 7 ways to say “no” (courtesy of marketing coach Susan DePue) including the “Gracious NO” (“I really appreciate you asking me, but my time is already committed”) and the “I Know Someone Else NO” (“I just don’t have the time to help you, but let me recommend someone else I know”).  It’s a handy guide to a variety of ways to say that magical one-syllable word.

Peter L. Smith, Managing Director of BCG’s San Francisco office and sometimes-blogger on Counsel to Counsel, has started a new blog called ad arguendo: the blog of law and leadership.  The posts are unusual in their depth and approach (drawing on sources from ancient philosophers to Elvis) and often thought-provoking.  Not surprisingly, I was intrigued by recent interviews with a coach for lawyers (for those interested in continuing to practice) and a firm that provides career counseling for those who intend to leave practice, as well as a post on taking action to make a bad situation better, titled Don’t Succumb! Unlearning “Learned Helplessness” Among the Attorney Ranks.  Ad arguendo isn’t a blog for casual reading, but it’s likely to tickle your brain in stimulating directions.

Designing your personalized professional development plan

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A lot of law firms are working to make their associate review processes more useful — and some are even succeeding.  Over the last 2-3 years, it’s become quite vogue to require associates to design a professional development plan so that they and the firm can track their progress.  Although the plan is designed to be co-created by the lawyer and the firm, it’s obvious that the firm has a strong interest in the program and that the lawyer is likely to accede to the firm’s “suggestions.”

And please understand: I’m not knocking the firms that insist on such a co-creation.  It’s appropriate for the firm to bear a strong interest in ensuring that its employees develop the skills that the firm believes necessary for the employee’s development and his contribution to the firm’s development.  And devising such a plan is certainly a huge advancement over the stereotypical reviews in which a lawyer is told everything is “going just fine” right until things fall apart because no one is comfortable with confrontation or honest feedback.  (This is a real, if counter-intuitive, problem in many firms!)

But while the firm-sponsored professional development plan is a great start, it’s insufficient for most lawyers.  Given the associate attrition rates and the ease with which lawyers can change firms, it’s a mistake to assume that you will remain with a firm for your entire career no matter how happy you may be there today.  And even if you do stay at the same firm for the entire length of your career, it’s a sure bet that you won’t do so as an employee.  Instead, you’ll develop your own practice (albeit within the firm’s structure) and in so doing, you’ll be running your own “business” in a very real sense.

So, what’s the answer?  Designing your personalized professional development plan.  Starting with the plan co-created with the firm makes for a nice running start, but if you don’t have such a plan (or if you’re unhappy with your plan), consider the following questions:

*  What are your professional strengths?  How can you maximize them?
*  What are your professional weaknesses?  How can you best compensate for them?
*  What can you do to develop your strengths even more?

*  What do you want your practice to be composed of?  Consider substantive law and the mix of practice areas, type of work, what you want your days to look like, etc.
*  What kind of practice will be fulfilling at the apex of your career?  Describe the setting, the financial aspects, etc. as clearly as possible.
*  What is your practice goal in 1 year?  5 years?  10 years?  Again, describe it in as much detail as possible.

*  What skills and experiences do you need to develop to reach your 1-, 5-, 10-year, and apex practice goals?  If you have trouble with this step, consider gathering data by asking your mentors and successful colleagues, researching in practice development books, etc.  Remember that your answer will change over time.  Nothing about your plan will be written in stone, but the more clarity you can gain now, the better your gameplan and the higher likelihood that future changes will be adjustments rather than complete reworkings.

*  What habits, attitudes, or mindsets do you need to develop to attain these goals?  For example, do you need to break free from the sense that the firm owns you and to recognize that you are designing your practice and your professional life in conjunction with the firm?  Do you need to develop your confidence to increase your client development opportunities and/or your presentation skills?  Do you need to break your procrastination habit or to put your perfectionistic tendency in its proper place?

*  What will you choose to focus on from these lists over the next year?  I recommend a mix of skills/experiences and attitude/habit development goals.  For instance, you might set goals of becoming the go-to person on a certain area of the law within your firm and in the outside world, handling a client matter by yourself (with appropriate supervision but little direction if any), learning how to delegate work effectively to more junior lawyers and to staff members, and how to design and implement a business development plan that works.  (Note that this final goal has a number of subparts that are focused on developing skills and habits/attitudes, and it’s likely a multi-year goal with progress and its measurement changing each year!)

The key difference between your personalized plan and the plan that you may co-create with your firm is that the personalized plan is keyed to your goals without attention to the firm’s goals except to the extent they support your desires.  Your plan should be designed to fit what you — as owner of your practice and “CEO” of your career — want.  The two plans might be identical, or they may be quite at odds.  If you know that in 10 years you’d like to have a personal injury practice with a partner ready and willing to buy you out so you can compete in the America’s Cup, for instance, that’s almost certainly a goal that you’d be wise not to share if you’re working in a mid-sized insurance defense firm because your goals and the firm’s goals don’t mesh.

Finally, I suggest spending time in the fall roughing out your personalized professional development plan.  It’ll give you a good idea of where you’re headed when you have your annual review, and you’ll be ready to suggest the developmental areas that you’d like to work on in the next year.  In addition, you’ll be ready to incorporate the feedback you get into your plan.  So, start now.  Set aside time on your calendar, and mark it in ink.  Designing your plan will move you forward like little else.  Don’t miss this opportunity.

Tuesday shorts

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As I recover from declaring blog bankruptcy, I’m finding time to stay up on the marvelous things going on in the blogosphere.  So, today I introduce Tuesday shorts, a collection of references to interesting posts I’ve run across recently.

Drowning in email?  I say a hearty AMEN to Dan Hull‘s (of What About Clients?) post E-mail is a great tool and it’s making you nuts. Call me.  Everytime I start to send an email, I question whether a call or actual visit would be more effective.  The answer, not infrequently, is yes.

Today’s Dilbert seems to be channeling some law firm managers.  Here’s an advanced management tip: if you have something unpleasant to convey to someone, spit it out rather than allowing them to marinate in worry.  And if you just need to discuss something, be careful of the way you phrase your request.  This suggestion is applicable to clients as well as those you supervise.  And along the same lines, Jay Shepherd of Gruntled Employees has discovered that Ept managers lead to gruntled employees, which in turn lead to minishing profits.  (Wondering about the mangled words there?  Contrast with “inept,” “disgruntled,” and “diminishing.”)  Management and leadership (not the same skill set) matter in law firms as they do in other organizations.  As you advance, be sure to develop these skills along with your practice skills.  And learn how to manage “up” as well.  (I’ll cover “managing up” in another post soon.)

This week’s Blawg Review #125, hosted by Kevin O’Keefe of Real Lawyers Have Blogs, is all about the “art of blogging.”  If you’ve considered writing a blog, or if you’re just wondering what the hubbub is all about, this is a can’t-miss opportunity to learn from some of the best in the blogosphere.

Finally, congratulations to Bob Sutton, whose fantastic book The No Asshole Rule (which I reviewed here) has won the Quill Award for Best Business Book.  Congratulatiopns, Bob!  It’s a well-deserved honor.

“She stabbed me in the back!”

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I’ve sometimes talked with lawyers (especially associates at large firms) who believe that another lawyer has stabbed them in the back: withheld critical information, misrepresented some aspect of the lawyer’s work to a more senior lawyer or client, or taken credit for the lawyer’s work.  These experiences are enraging and painful, and it’s easy for an affected lawyer to become suspicious of colleagues as a result.

Surviving and getting past such an event requires quick action.  First, the hard truth: whether the stabbing was intentional or purely accidental, your reputation is on the line and your response may well determine how others will see the situation.  Think quickly and dispassionately so you can find the best possible resolution.  Given the situation that currently exists (regardless of how it got there), what do you need to do to serve your client?  Take that step immediately and decisively.

Only when the client (internal or external) is fully protected can you return to the backstabbing itself.  The first step is to look unemotionally at what happened (ideally, with a mentor or unbiased assistant of some sort — certainly not someone who will agree with you regardless of the facts) and see whether this event really was a stab.  If you weren’t given important information, for example, look carefully to see what happened.  Perhaps the person who should have conveyed the information intentionally withheld it, or perhaps he simply forgot.  Is this event part of a pattern of behavior?  What does your intuition tell you?  How does your dispassionate observer see the situation?  Backstabbing does happen, but it’s critical to be sure that’s really what happened before you react.

Your next steps depend on whether what happened was done to you maliciously or negligently.  If malicious, consider (1) whether there’s any correction necessary and (2) what steps you can take in the future to avoid falling into a similar situation.  For instance, if someone assigned you work but left out a critical piece of information that caused you to present a memo, brief, or other product with a gaping hole in it, after you revise the work appropriately (to serve the client and to make the necessary correction), you might consider restating your assignments in a “confirmation” email to that person.  There’s rarely any point in confronting the malfeasor, unless you have incontrovertible evidence and are willing to pursue it to full resolution.  Generally speaking, your best response will be to note the problem, to work around it if possible, and to create avenues to avoid it in the future.

If the error was an accident (as, honestly, most are), consider whether a conversation could help to turn up a safety mechanism for the future.  Do you need to check in with that person on a regular basis to be sure you have the latest information, do you need to request to be a cc on all emails related to a particular case, or something along similar lines?  The trouble avoidance technique may be the same as it would be if the error were malicious, but conversation about an oversight is likely to be both productive and important to a good working relationship in the future.

In either event, if a third party (a partner or more senior associate, perhaps) is involved, you may need to have a conversation with her to clear the air.  Blaming the person who did wrong might feel good, but it won’t look good — so don’t do it.  Instead, address what happened on a factual basis and explain how you’re going to avoid a recurrence.

A word of warning: pay attention to your intuition.  A client once described to me a series of events that left him with an odd feeling about a coworker.  Although their interactions were professional and cordial, my client said that he always felt that his colleague would gladly “throw him under a bus” if need be to protect his own interest.  Unfortunately, his sense proved to be accurate; fortunately, my client had taken preventative steps to establish that he had provided certain information to that colleague.  Although 99.5% of the lawyers you work with are professionals with integrity, if your intuition signals that a colleague falls into the other .5%, take proactive measures right away.  Done with care, there’s no downside, and you’ll be protected if a problem ever arises.

How do you talk about what you do?

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When you meet someone for the first time — especially in a social setting or at a networking function — how do you answer the inevitable, “What do you do?”  The tendency for a lot of us is to answer quickly, “I’m a lawyer.”  The person you’re talking with may inquire further about what kind of law you do or where you work, but it’s equally likely that the response will be something else entirely.  (One of my favorites is always, “Really?  You don’t seem like a lawyer!”  Is there a good answer to that?  I think not.)

So what’s a better response, especially with a view toward potential client development?  Prepare a 30-second commercial that explains what you do in a way that a non-lawyer would understand immediately.  I suggest lawyers answer 4 questions to create their commercial:

1.  What type of clients do you work with?
2.  What problems are those clients facing?
3.  What do you help them to do?
4.  What do they end up with?

So, a patent litigator might say, “I represent large companies that have or are developing a significant patent portfolio and have discovered an infringement. We work to target infringers, to negotiate a settlement where possible, and to litigate as needed so my clients’ IP rights are protected, they receive appropriate compensation for infringement, and their technical leadership is respected in the industry.”

By introducing yourself and your work this way, you’ll make it clear what you do and the person you’re talking with will know right away whether they need your services and whether they know someone else who does.  It also opens an opportunity for an interesting conversation about your work.  And, naturally, you can tailor your introduction based on the event and company you’re keeping.

How will you introduce yourself for maximum impact?

Blog bankruptcy

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One of the fundamental tenents of work/life balance, work/life integration, or any other name one might choose to describe the relationship between time applied on professional and personal matters is simple: conscious decisions on what to do and what to forego are mandatory, because no one can do everything.  My husband has a photo in his office that I truly hate, but it’s apt here.  It’s a picture of a trout with its mouth gaping open and a line beneath it that says, “Only dead fish go with the flow.”  It’s a recipe for disaster to “go with the flow” and assume that your work and your life will come to an equilibrium that suits you.  Careful choices are necessary, if painful.

This morning, I’m making such a choice.  It doesn’t rival choosing between attending a child’s annual recital and speaking at a prestigious CLE meeting, but it’s painful to me just the same.  I am declaring blog-reading bankruptcy.

Lawrence Lessig prompted this idea, by declaring email bankruptcy when he discovered that he was so far behind on emails he’d never catch up.  (Email bankruptcy Lessig-style is described in this Wired article that also has some handy productivity tips.)

I have so many unread blog feeds that I will never get through them — unless I choose to ignore what’s current, which would be a no-win “solution.”  I’ve tried to catch up.  I find so much value in the blogs I read that it’s hard to make the decision to clear the backlog, and yet, that’s the only rational choice at this point.  So, with apologies to the bloggers who work so hard to produce such excellent content, I declare blog-reading bankruptcy.  I start fresh today.

Where do you need to declare “bankruptcy”?  Perhaps in old industry newsletters or magazines, bar magazines that are interesting but not informative on your area of law, or newspapers/magazines?  Perhaps personal email correspondence?  Consider what “stack of stuff” is tugging at you from a corner of your desk or office or home.  Can you eliminate any of it, through “bankruptcy” or concerted action?

Book Review: The Happy Lawyer

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This is a picture of where my “office” was yesterday: I’m on retreat, spending lots of time outside reading, writing, and thinking about my business.  Here’s a link to a post I wrote last year describing how you might engage in your own retreat, to review and evaulate how your practice is running and how it might work better.  I highly recommend an annual professional retreat, whether you choose to leave town or just spend a few hours in a closed-door session.

The book you see on yesterday’s “desk” is The Happy Lawyer by Larry Schreiter.  I’d been wanting to read it because of its description, “How to gain more satisfaction, suffer less stress, and enjoy higher earnings in your law practice.”  Who doesn’t want that?  The book is a quick 188-page read, full of exercises to help clarify the practice and the clients that will allow you to create a satisfying practice.  It then continues with suggestions on how to create that practice once you’ve identified it, how to attract the clients who will appreciate your efforts, and how to engage in a happy practice.  The bottom line is not terribly surprising, though I like the way it’s presented: to be a happy lawyer, figure out what you like about practice and then find ways to get more of that.

The exercises are the backbone of the book: there’s little point in purchasing this book unless you intend to complete  them.  Certain key concepts are identified, such as finding the “Seeds of Satisfaction,” “YES! Clients,” and “Arena of Preeminence,” but since every lawyer will find different parts of practice satisfying, different kinds of clients fulfilling, and different areas of expertise appealing, there are no shortcuts to the answers.  If you’ve ever considered coaching to support your developing a satisfying practice, this book is a nice middle ground.  Similarly, if you’ve purchased this or a similar book and not done the exercises (which are important, but not urgent), you might consider engaging a coach to help provide accountability and reflection so you can get to your answers.

Communications trouble? Maybe it’s you!

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I’m pleased to share  an article written by Annetta Wilson, one of the communications experts who will be leading the upcoming teleseminar Cut Through Communications Chaos.  Have you ever tried to have a conversation with a colleague or client only to discover that you’re talking at cross-purposes, with no middle ground you can find?  Read on…

Maybe They’re Not Crazy:  Maybe It Is YOU!

 

Not quite the headline you expected in an article about communication, is it? 

Okay, it’s a little misleading.  Sometimes, though, when we’re in a conversation that’s going in circles and getting nowhere, it can feel like we’re going crazy. 

Rest assured that you’re not losing your mind (unless, of course, you’ve been officially diagnosed).  It’s possible that you simply don’t recognize the other person’s communication style or know how to adapt to it. 

You have a communication style, too.  Think about your best friend, significant other or someone else in your life that you can talk to for hours and be completely in sync.  That’s not magic, it’s a style match.

There are some ‘magical’ beings out there that almost everyone can relate to.  Then there are the ones you want to run from when you see them coming.  That’s right: mismatched styles.

 

Before you pull out your label-maker, understand that there are no ‘right’ or ‘wrong’ styles.  It’s simply a matter of what works in a given situation and what doesn’t.  

In what situation does your particular communication style fit perfectly?

Are you the ‘schmoozer’ who makes everyone feel at ease, even when it’s not YOUR party?

Or are you the ‘bottom line’ person who sees the big picture and puts everything in perspective?

Maybe you’re the ‘magical’ one everyone seeks out for sage advice and is usually the voice of reason.

 

Then again, you could be the ‘detail’ person who always makes sure that the data checks out, nothing is left to chance and who is happy to leave that ‘people’ stuff to someone else.

All are necessary.  All are different.  And all can be annoying if not put in the right role at the right time or the right setting!

 

Tip:  The next time you’re tempted to criticize or get upset with someone because they don’t communicate the way you do, ASK them how they prefer to receive information from you.

Detailed information in written form may make some people ecstatic, while others are perfectly fine with a quick verbal overview and just the highlights.

Someone else may need to socialize a bit before they can focus and get down to business.  Allow them that two to three minute window.

Remember to let them know how you want to be communicated with, too.

The point is, if you don’t ASK, you don’t GET.  If you don’t TELL them, everyone’s confused. Clarity beats ‘crazy’ any day!

Asking a simple question like, “What’s the best way to communicate with you?” can eliminate a mountain of aggravation and create untold opportunities to learn something new.  

 

©2007 Annetta Wilson Media Training and Success Coaching. All rights reserved.


About the Author

Annetta Wilson is a business strategist specializing in media training and presentation skills coaching. A talent coach for CNN, she has also coached for Walt Disney World. She makes it easier for high-profile individuals and teams to communicate more powerfully. Annetta is an award-winning journalist with more than 30 years experience in the broadcast industry, a Certified Trainer and a Certified Professional Behavioral Analyst.  

 

Visit her Web site at www.YourCoachForSuccess.com  

 

Inspiration for those considering a new career; can practice be easier?

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One of the curious things about my coaching experience is that the topics that arise (with current and potential clients) seem to move in cycles.  Right now, the top two issues on which I’m coaching are (1) making partner (long-term strategy as well as short-term “beefing up” in preparation for the decision and (2) leaving the law.  For those thinking about leaving practice: the JD Bliss Blog has done some marvelous profiles of lawyers who’ve left the law for other pursuits, and I commend those to anyone who’s considering a move out of practice.  Nice inspiration, in short bites, for anyone wondering what might be next.

Meanwhile, for those committed to staying in practice (or at least not committed to leaving), here’s something for you to consider: can you create a practice that’s any easier for you than it is now?  This weekend, I was gardening (and by that, I mean tending parts of an unruly 1-acre yard) in 97-degree weather.  Adjusted for the high humidity, the heat index topped 107.  It was not fun.  I noticed two tendencies that made my work harder than it had to be, though: I was holding my breath every time I tried to pull out a large weed, and I was drinking a bottle of water only every hour or so.  Nothing would have made the work fun under the circumstances, but when I started breathing better and carried a large water bottle around the yard with me, it started being less unpleasant.  I also stopped yardwork entirely between 11 AM and 6 PM; had I not done that, I doubt I’d ever have been willing to set foot in the state of Maryland again!

What’s the practice analogy?  It’ll vary somewhat for each lawyer, but here are some examples:

**  Use the concepts of full engagement and selective disengagement for better energy management.

**  Make sure your office is arranged for maximum utility (good chair, good light, not cluttered, supplies and resources you need at hand, etc.).

**  Commit to raising your practice skills.

**  Identify the habits or tendencies that are detrimental and figure out how to turn them around.

**  If you goes through your days with a negative attitude, consider whether there’s an alternative.

**  Find mentors who can guide you through practice development, office politics, etc.