How comfortable are you?

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I had an awakening recently. You see, a few years ago, I needed a new desk chair. Since I was in a hurry, I couldn’t find one that I really liked. But I found one that was adequate and cheap—$69 or so—and I bought it, figuring that I’d replace it in a few months. I put the chair to hard wear: 10+ hour days on weekdays, at a minimum. The chair was ok, so I wasn’t in a hurry to replace it.

Last fall, I noticed that I was moving like a 100-year old woman when I’d stand up after working at my desk for a few hours. My back hurt all the time, my shoulders were tight, even my legs were painful. And I concluded that I’m getting older… That I should count myself lucky to have no worse complaints.

Last week, my chair started leaning to the right, to the point that I was afraid I’d tip over. Clearly time for a new chair. And this time, I found a chair that suited me perfectly. Ideal back support, a seat that’s just the right depth, great support. So I bought it, assembled it, and plopped myself down to get back to work. When I stood up, I realized….

I felt great. Nothing hurt. It isn’t age: I had been in pain for several months because I’d bought a cheap chair, I used it long past its prime, and I didn’t bother to investigate the reason for my pain. I kept suffering much longer than I should have.

What does this have to do with practicing law? Simple: we all too often get lulled into the familiar, accepting low-grade discomfort. Unless we’re screaming for relief, we put attention elsewhere and get distracted. We don’t fix the problem even when the fix would be simple.

Ask yourself:

  • Is your physical environment comfortable? Is your equipment (computer, printer, lamp, etc.) in working condition and located where it should be?
  • Do you need more support? That support could be a colleague to help with the billable work or administrative decisions, well-trained and enthusiastic staff, a virtual assistant on call, someone to do your bookkeeping and billing, or someone to help you with decisions about your career or your practice, just to name a few possibilities.
  • Are you taking care of yourself well enough? Do you need more sleep, more activity, better nutrition, a long vacation?
  • Are you working toward a goal, or are you operating on autopilot?

  • Would you be happy if your practice continued for the next twenty years on the same trajectory that it’s on now in terms of the substantive practice, the kinds of clients you serve, and the financial rewards that you’re receiving?
  • Are you delaying or avoiding an investment of time or energy even though you’re know that investment would bring significant benefit to your practice or your life?

One business development failure I see among lawyers is the tendency to delay getting started with consistent activity. Unless you’re a sole practitioner or you’ve been told that you must bring in business or find a new job, you could possibly float along for years, saying that you’re focused on building your book of business and delaying any significant activity. You have to make the decision that you’ll do what it takes to grow your practice… And then do it.

Take a moment today to ask yourself whether there’s any aspect of your professional life in which you’re feeling so comfortable that you’re effectively stuck. Stuck in something that’s familiar but not effective? Take an immediate step to get unstuck today. (If your stuck spot has to do with business development, perhaps we should talk. Click here to schedule a complimentary consultation.)

Legal Business Development: How can you revive a neglected professional relationship?

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Despite the best of intentions, it’s easy to let a relationship slide. You get busy, you lose track of your contact schedule, you run out of ideas for keeping in touch… And next thing you know, your relationship has atrophied.

But, like muscle, an atrophied relationship can be rebuilt. By focusing time and attention on your relationship and maintaining consistent effort, you’ll often be able to revive a good relationship more easily than you built it in the first place.

But you might feel awkward trying to re-energize a stagnant relationship, especially if you aren’t sure that the relationship can be reinvigorated. If you find yourself about to write off a relationship, you need to be sure that the relationship can’t be resurrected. It’s easy to allow discomfort to lead you into turning a neglected but viable relationship into a dead one, and lawyers far too often write off relationships before they’re truly finished. But how do you know? Or, as someone often inquires when I’m presenting a business development workshop, Is it ever too late to rebuild professional relationships that have languished?

The short answer is that it depends on the relationship. The deeper the relationship, the more likely it can be resurrected.  If, however, you meet once and fail to follow up, or if you follow up only once or twice, the relationship will lack the firm footing necessary to allow it to flourish following a period of silence.  That said, it never hurts to try to rebuild a relationship, particularly if your sole reason for reconnecting is to re-establish communication and not to seek a favor.

So, what can you do to rebuild a connection that has faded? The simplest, and often the most effective, approach is to do precisely what you would do with a friend you haven’t seen in a long time: pick up the phone and say, “I realized it’s been a while since we’ve spoken, and you’ve been on my mind.  Is this a good time to talk for a few minutes? How are things with you?  What’s new?”  If several months have passed since you were in touch with this contact, you may even begin the conversation by re-introducing yourself.  (This is where my recommendation to maintain a database of contacts proves especially helpful: you don’t have to try to remember when and where you met.)  You may experience a few awkward moments as your contact gets back into the connection, but most people will pick up relatively quickly.

If, like many lawyers, you’d rather do nine hours of painstaking document review without a coffee break than pick up with phone, you do have other options. For example, you might consider the following:

  • Send an email to reconnect. You might suggest talking by telephone and either arrange a time or let your contact know you’ll be calling.  While you’ll still have to pick up the phone, you’ve created an expectation that you will call, and chances are good that you’ll avoid an awkward beginning.  If you suggest that you’ll call, though, you absolutely must do so – or run the risk of looking like a flake.
  • Send an article or other resource that will interest your contact. The resource may address a legal or non-legal issue, but it must be tied in some way to a conversation you’ve had with the contact.  Attach a note that says, “I remember talking with you about [topic of resource] at [wherever you had the conversation] and thought of you when I saw this [resource].  Hope it’s useful!”  By doing so, you not only reconnect by offering assistance, but you do so in a way that will bring your conversation back to your contact’s mind and refresh the relationship.
  • Issue an invitation. You might invite your contact to an open house or to attend a CLE or other seminar of interest with you.  If you deliver an invitation by mail or email, be sure to attach a note saying that you look forward to reconnecting. This personal touch will indicate to your contact that your interest is genuine.
  • Seek out news about your contact. This may be a more challenging approach if you’re seeking to reconnect than to maintain a relationship, but it’s worth a quick search to see whether your contact has been in the news recently.  You may find news of a professional event (an honor awarded, a trial won, a leadership position attained) or a personal event (a new marriage, a new baby, a recreational or community activity).  Such news offers an ideal reason to get in touch again.

Take a few minutes this week to review your list of contacts. With whom should you reconnect?  Choose three to five people and reach out to them.  Building and maintaining your network is always a valuable activity, and keeping relationships alive will often pay off (often in unexpected ways) over time.

Got Purpose? (If you want a successful and satisfying legal practice, your answer had better be yes!)

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I recently started listening to podcasts again after getting out of the habit for some reason. (Isn’t it interesting how even successful and enjoyable habits can erode if we don’t stay on top of them?) My new favorite is a podcast that’s also available via video: Good Life Project ™, by Jonathan Fields. The Good Life Project ™ presents a weekly deep-dive interview with an entrepreneur, artist, author, or thought leader. The interviews are educational, informative, and often moving.

As I was pulling into my garage after a 90-minute drive last week, I was listening to Fields’ interview of Simon Sinek. Sinek’s story and insights (covering storytelling, leadership, impact, service, and purpose) were so fascinating that I sat in my garage for another 15 minutes, too spellbound to move. Here’s why…

When you connect what you do with why you do it, you fuel your efforts.

Why do you do what you do? I’ve written before about the importance of connecting with your “big why” to help propel you even when times get challenging in your practice or in your business development efforts. And that’s important, especially when you need some extra motivation to power through the tough spots.

Perhaps even more importantly, feeling a sense of purpose and service will embolden you to go further than you otherwise might, because it’s the right thing to do.

My clients are sometimes reticent to get in touch with a new contact (potential client or referral source) for fear of seeming too pushy or annoying. And I get it. On occasion, I’ll have a consultation with a potential client who will promise a return call and then disappear. In the past, I wouldn’t follow up with that person because I didn’t want to pressure someone into a decision. I still don’t, but I now follow up because I can’t let something as important as moving ahead (or not) in building a book of business slide just because I’m uncomfortable. Being of service demands that I follow up.

A sense of service outweighs discomfort every time.

If you’re working to grow your practice, if you’re a leader in your firm, or if you’re feeling a hollowness in your career and life, listen to Sinek’s interview. You won’t be sorry.

Also, ask yourself the question Fields asks to close each interview: What does it mean to you to live a good life? Are you doing that? If not, how is your practice (and your life) affected?

Legal business development: how to determine whether a rainmaking expense is a cost or an investment (and why it matters)

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I once talked with a client who was upset at the prospect of paying nearly $1,000 for equipment required for making a presentation to a group of her ideal clients.  She confirmed my expectation that she’d be able to use the equipment again for similar presentations, and I suggested that she view the financial outlay as an investment rather than a cost.

“What’s the difference,” she sighed, “call it cost or investment, that money is just plain gone.”  You spend cash for both costs and investments, true, but the distinction is critical in making smart decisions about rainmaking expenses.

A cost is defined as “the amount or equivalent paid or charged for something;” an investment is “the outlay of money, usually for income or profit.”  The difference?  No matter how beneficial, a cost is money paid or time spent that doesn’t produce further profit or income.  An investment, however, is intended to be recouped and, if the investment is well chosen, to bring in more money than you originally paid. Big difference!

You must understand this distinction so that you can evaluate opportunities that come your way.  When you are presented with a chance to do something, whether it’s sponsoring some sort of event, speaking to a group, or enhancing your own professional development through training or coaching, you need to be able to discern whether you’ll be paying a cost or making an investment. Both have their place, but you have to budget differently for each kind of expense.

For example, in the last few years, I’ve made an annual 5-figure investment in working with business mentors, and those investments have paid off handsomely.  The feedback I’ve received and the ideas generated have brought in substantially more than the sums I paid.  I decided to make those investments after following the mentors and carefully evaluating what was offered.  I would not pay the same amount as a cost that I didn’t expect to recover—but I’ll happily invest any amount of money when I know that it will produce a multiplied return in new income.

When you’re making a decision about spending (including whether the opportunity is an investment and whether it’s the right one for you), consider these questions:

  1. What benefit can I reasonably expect from taking part in this opportunity?  Consider not just financial or business benefit but also the ancillary relationship benefits that may accrue.  For example, if attending a meeting holds little direct benefit to you, but one of your best clients has asked that you attend, you might find that the benefit of meeting your client’s request will merit the investment of time.  If the only benefit is emotional and unlikely to lead to a business benefit—your own enjoyment or development of a social relationship—then you should consider the opportunity to be a cost rather than an investment and make your decision accordingly.
  2. What’s the likelihood of reaping the anticipated benefit?  You may not be able to predict with mathematical certainty the probability of attaining the benefit that you’re seeking, so a qualitative estimate is all you need here.
  3. What’s the magnitude of the anticipated benefit? I look for at least a 2-to-1 payoff for financial investments. For instance, when I had the opportunity to travel to Los Angeles a few years ago to speak at a conference, I weighed the $2000 travel and hotel bill against the lifetime value of getting at least one additional client.
  4. What will I need to put into this opportunity to increase the likelihood of getting the benefit?  Especially when an investment is primarily financial, it’s important to recognize that you may need to put in additional time and energy — and perhaps additional money — to get the results that you want.  That isn’t necessarily an indication that you shouldn’t make the investment, but you need to know what you’ll need to do before you commit. To continue the previous example, in addition to the financial expenditure, I knew it would take several days to craft and practice my presentation.
  5. Am I able to make the necessary investment of money, time, and energy?  When’ve defined the scope of expenditure you’ll need to make to get the benefit you’re seeking, determine whether you can make that investment.
  6. Am I willing to make that investment?  As I often tell my coaching clients, if you want things to change, you will need to change.  Even if an opportunity carries no financial cost, be sure you’re willing to invest your time and energy, since no benefit flows without some sort of investment.

Use these questions in making your own decisions, and use them to help your clients see the benefits of investing in working with you on financial and other levels.  In many substantive areas of practice, a clear need often precedes an engagement, and convincing is unnecessary.  When your work is characterized as planning or arranging something (estate planning, for example), you may get more business when you’re able to demonstrate how investing will pay off, in reduced taxes for your client’s estate (financial benefit) and in reduced stress for your client’s survivors (emotional benefit).

How do you use the language of cost vs. investment in your own business and in making your own decisions?  Your assignment, if you choose to accept it, is to notice the ways you think about the outlay of money, time, and energy.  Are you making the right investments?

Leadership in uncertain times

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I’ve been thinking about leadership quite a bit in the last several weeks. We see examples of good and not-so-good leadership every time we tune into the news, even when we may disagree with one another about which political leaders fall into those categories.

More immediately, we see examples of leadership and have opportunities each and every day to be leaders among our colleagues, our communities, our families, and perhaps other audiences. You may find an opportunity to lead a team of colleagues by, for example, setting up a weekly luncheon via Zoom. Perhaps you’re called to help your clients identify and navigate the obstacles and opportunities that come from today’s unsettled health and financial circumstances. Or you might identify ways to rally your community around medical and first responders or to help schools continue educating students even though classes have been adjourned. When you have a vision, regardless of whether that comes with a title, you have a chance to make a difference by serving as a leader.

Much will be written in the coming weeks and months about leadership lessons from these unprecedented times. In the meantime, a few points for your consideration:

  1. “Leadership is action, not position.” This quote from Donald H. McGannon implicitly recognizes two truths.

    First, leadership isn’t a natural result of occupying a titled leadership role. True leadership (as opposed to titular leadership) requires action directed toward some objective. Those who are named as leaders may or may not be able to function accordingly.

    Second, you can be a leader without holding a leadership title. Whether there’s a leadership vacuum or whether you simply identify a leadership opportunity, you can step up even if you’re not named as a leader.

  2. Leadership requires authenticity. While it may be tempting to act as if everything is going to be fine even when that isn’t at all certain, those who look to you as leader will likely have an exquisite sense of whether you believe what you’re saying. When times are uncertain, authenticity often requires an acknowledgement of that uncertainty rather than a chest-beating positivity.
  3. Leadership requires emotional intelligence. Be tuned into your own emotions and those that your team is experiencing. Good leaders are able to share empathy without falling into any overwhelming emotions the team may be experiencing.
  4. Leadership requires a focus on an objective. Whether the objective is to beat COVID-19, to ensure that clients continue to receive highly skilled and timely legal services, or to build a cohesive team that’s working from multiple remote locations for the first time, identifying the objective allows the team to organize around it and unite to achieve a goal.
  5. Leadership requires an emphasis on “we,” not “me.” While a leader (with or without title) is going to be in the spotlight, the most effective leaders focus on a combination of objective and team. Your team (colleagues, clients, community members, family members) will be working to meet the objective, and setting the emphasis on how “we” are uniting to meet our objective will almost certainly be more effective than how the team can work to implement the leader’s objective and decisions.

One advantage we have today that’s critical for leadership in today’s “stay home” atmosphere is technology. Consider how you can use Zoom or another video platform to enable face-to-face meetings so you can get a read on your team’s temperature. Think about using a group text to share developments and accomplishments. And if your firm has platforms that are already in use, be sure to take advantage of those so that what happens away from the office is recorded and referred to when these extraordinary times have passed.

What leadership (or other) questions do you have about navigating these times? Leave a comment and let me know. I may respond to you directly, or I may share my response in a future blog post.

Coping with an economic downturn

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The economic news is, to put it mildly, not good. Because so many businesses are on hiatus due to the COVID-19 pandemic, because others that are open are nonetheless starving for business, and because we are living in a time of massive uncertainty and economic markets detest uncertainty, we’re in tough times already and facing more of the same.

While forecasts are inherently uncertain, it appears that we’re moving toward a global economy that is, at least in the short term, even worse than the Great Recession that kicked off in 2008. So how do you cope?

Today, I’d like to share a report I wrote in 2009, titled Seven Secrets Every Lawyer Must Know to Thrive… Even in a Recession. While not all of the report remains on point for our current circumstances (Secret #4, which urges that you network and follow up, contemplates mostly face-to-face networking, for example), the principles still apply.

Leadership assumes particular relevance these days. In times of uncertainty, people look for leaders: nationwide, among colleagues, for clients and other business contacts, even among friends. If you’ve been watching the news at all, you’ve seen a variety of leadership styles and can make your own judgments about which are most effective.

Next week’s blog post will share some leadership tips that you can apply right away. In the meantime, I encourage you to continue thinking about current circumstances and the forecasts for coming changes will affect you and how you can adapt so that your clients and your own practice have some opportunity to deal with the changes we’re all facing. And check on the people who matter to you. Even a quick “Hello, I’ve been wondering how you’re doing” email can open conversation.

Life and practice in uncertain times

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Fleming Strategic serves a global audience, and it’s safe to say that wherever you may be in the world, we’re facing unprecedented challenges. From the fact of the COVID-19 pandemic to the panic that’s generating to working from home, self-isolating, and social distancing to the economic hit that appears to be underway, times are uncertain.

More is currently unknown about these challenges than is known. What’s certain is that we have three choices: we can react or respond to the challenges we’re facing, or we can look for ways to innovate and initiate. And we face those choices in a wide variety of contexts, so it isn’t as simple as making one decision about how we will behave. We’ll make these decisions dozens of times in the course of a day.

Reaction is easy. It doesn’t require thought and simply zigzags from one development to the next, thriving on emotion and quite often fear. While our humanity means reaction may be unavoidable at times, I urge you to prime yourself to recognize the moments when you’re reacting, to take a breath, and to question whether a reaction is helpful.

Response is possible. Response requires a pause between stimulus and answer or action. News comes in, and you may choose to take a series of breaths, get up and walk around for a few minutes, or use a meaningful motto or prayer of some sort.  After you’ve created that break (which can be as short as a few seconds or as long as you need), then you can revisit the development and make a conscious decision about how you will respond. This is always possible, but it is not always easy. In times like these, it is often not easy.

Innovation and initiation require a clear view of reality and a focus on your objectives. It’s critical to know what’s happening in your world: health, culture, finances, general business. Don’t allow yourself to get sucked into the constant stream and the fear that it can generate, but stay updated. Most news outlets offer a daily newsletter that will catch you up, and the Washington Post offers a newsletter specific to corona virus news.

What are your objectives right now? Here are some I’d suggest:

  • Care for yourself, your family, and your community. Unprecedented times require unprecedented action. Please follow recommendations by the WHO, CDC, your local government, etc. And please look for opportunities to support your community where you can. The need is likely to grow and perhaps become overwhelming, but we can do so much if we pull together.
  • Maintaining the culture you’ve built in your office and/or on your practice team: consider virtual “watercooler” gatherings via Zoom or other virtual meeting platforms. Set aside a day for a group lunch via video. Be aware that others may be stuck in reaction mode and be prepared to act as a leader, whether or not you wear that official title.
  • Maintaining and developing your client relationships: Likewise, set aside time to talk with your key client contacts. Virtual coffee dates or lunches and telephone conversations may be easier to arrange now. Come to those meetings with an intention to help wherever you can. That may mean legal help to address what’s happening now, or it may mean helping to identify other resources. It may even mean something as simple as an email that asks, How are you doing? Connection is perhaps more important than ever before.
  • Thinking critically about your practice, identifying new opportunities, and spotting holes that changing circumstances may exacerbate: We don’t know what’s coming next. The news is suggesting a recession or depression. We know what happened in 2008, which offered a legal industry correction unlike anything most of us had experienced before, and indications are that the coming economy may be even more difficult. We don’t know what will happen yet and so we don’t know how to respond, but it’s important to be thinking carefully about your practice so that you can shift as circumstances change both to support your clients and your own practice.
  • Learning about new technologies and legal issues: If you’re an ABA member, check out the free CLEs that are available. Look into classes offered on the Ivy League MOOCs. Read business books that you often don’t have time for, including Blue Ocean Strategies (which will open your eyes to unappreciated opportunities) and its sequel Blue Ocean Shift, The Art of Gathering: Why We Meet and How It Matters (which may change the way you think about meetings and events of all kinds), and leadership books such as The Infinite Game or Leadership in Turbulent Times.

Finally, communicate with your clients to let them know how you’re handling current circumstances. Is your office open? If so, what structure is in place to make sure that it’s as clean and hygienic as possible? If not, what are you doing instead? How can your clients reach you? What other information do you need to share to allay client concerns? We’ve all been swamped by COVID-19 emails, most of which seem to have been written by robots. Please communicate like a human: clearly and factually, with compassion and care. 

I’ll be back next week with more ideas for how you can move with these changing times. In the meantime, stay safe, healthy, and mindful.

Legal Business Development: Do this & never compete on price again.

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Warning: Being a fungible billing unit is bad for growing your law practice!

I’ve written previously on finding your Unique Service Proposition, which distinguishes you from other lawyers (and non-lawyers) serving your ideal clients’ legal needs.  In that article, I noted that if you are one of a pool of fungible practitioners, you’ll be forced to rely on other ways of distinguishing your practice—including, perhaps, competing on price.

In today’s cost-conscious environment, many lawyers feel that they must compete on price. (Note that this issue applies to all lawyers, regardless of the size of firm of sophistication of practice.) No savvy client will pay an undeserved premium, and clients seem to hold the advantage in hiring lawyers these days. But competing on price is not the only option.

Other lawyers struggle to find a reason why a potential client should choose them over someone else. Personal connections make a difference, and many lawyers feel most skilled in landing business after a face-to-face consultation. But getting to that point may seem daunting.

When it comes to marketing, if you feel like you’re just one of a large number of fungible billing units, you’ll have trouble standing out from your competitors in a way that will be appealing to potential clients.

The common thread? The belief, All of the lawyers in my practice area are the same.

At first blush, this may be true. You most likely have the same education and similar experience (though the depth of that experience may differ), and most lawyers would say that they are strategic, good listeners, responsive, and smart. Fair enough.

Your task is to dig deeper and find what sets you apart from others in your practice so that your potential clients and referral sources know what makes you the best lawyer for their specific needs. Without a clear point of differentiation, you are simply one of many fungible lawyers, which makes your business development job more difficult.

When searching for what makes you different, consider these examples:

  • Does (or should) your practice focus on some subset of clients or issues? For example, you might be an employment attorney who focuses on the food service industry.
  • Do you have previous experience or education that is particularly relevant to your practice? For example, if you do white collar defense and you previously prosecuted such cases with the Department of Justice, that insight will distinguish you from other defense attorneys.
  • Do you approach your cases in an unusual way? For example, you might offer a collaborative approach. In some practice areas, flat fee billing or a retainer engagement would be a distinctive form of practice.
  • What skills or resources do you have that benefit your clients? Consider fluency in a foreign language, a wide network of advisors and service providers you can refer to your clients, or a familiarity with a foreign legal system that’s relevant to your practice.

When you determine what sets you apart from others who practice in the area of law that you do, you lay the groundwork for business development activity that is both distinctive and appealing. But remember: the touchstone of these points of distinction must be usefulness to your clients. You should not market based on your skill in rock-climbing, because it will not benefit clients—unless you have a niche practice in representing individuals who suffered injury on rock climbs and now seek to sue an expedition leader.

Questions for you to consider today: What sets you apart in a way that your clients value? How can you capitalize on that attribute or experience in your marketing?

The powerful (marketing) message you should deliver daily.

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The statement “I’ve got your back” is one of the most powerful business development messages there is. When you have someone capable and attentive on your side to offer assistance and cheer you on, you’re likely to be more willing to undertake new, difficult, or risky-feeling activity.

Consider this: a child learning to walk or to ride a bicycle will often look to a parent, to be sure that someone is there to encourage them and catch them if they waiver. We applaud speakers and those receiving awards as a way of saying, “Good job!” And we’ve probably all called a friend for support after being rejected by a potential client or date, or a job opportunity. Just about everybody appreciates encouragement and support. 

There’s another side to “I’ve got your back,” too: someone capable who’s in the trenches with you, ready to help. And that’s where “I’ve got your back” goes from a source of feel-good emotional support to a do-good, hands-on promise. That’s also where it becomes a powerful business development message.

Think from your client’s perspective. Whether your clients are legally sophisticated large companies or individuals who have never worked with a lawyer or legal problem before, every client wants to know they’re in capable hands.

More importantly, clients want to experience being in capable hands.  That means, for example:

  • Having a lawyer explain the heart and the context of the legal matter, to an extent that feels comfortable to each particular client, and knowing that the lawyer fully understands and appreciates the relevant law and its impact on the client
  • Having a lawyer who’s proactive in flagging new issues and opportunities
  • Getting calls and emails promptly returned by the lawyer or a knowledgeable staff member
  • Knowing the status of the matter, including the reason for delays or quiet periods in a representation
  • Being billed clearly and appropriately, in accord with expectations
  • Receiving emotionally intelligent communications, whether that’s congratulations or an explanation of what went wrong and why (this is the feel-good side in a business context)

When you convey that you’ve “got a client’s back” through your actions, you’re laying the groundwork for great client service. You’re building a relationship that’s characterized by respect and support, in the context of legal skill. That service not only keeps your current clients happy but also creates the potential for repeat business or referrals.

You might choose to say, “I’ve got your back” (or more businesslike words that convey the same message), but your actions must back up your words. If not, your statement will backfire: your actions will demonstrate that you don’t have the client’s back and, almost worse, that you either don’t realize that fact or you’re willing to lie about it.  (This, I believe, is one root of many lawyer jokes and the usual low standing of lawyers of lists of trustworthy professions.)

How can you demonstrate and perhaps say that you’ve got your clients’ back?

From your own perspective, working with someone who’s “got your back” as you undertake business development activity (which may be unfamiliar and feel risky, at least at first) can be a key factor in your success.  It’s the flip side of the points above, substituting marketing for legal knowledge and skill. When you have great support, you get a cheering squad, a listening ear, a brainstorming partner, a source for new ideas and insight, needed resources, and more.

Here are a few ideas on how you can get the support you need:

  • Join forces with one or two colleagues who are also working to grow their practices
  • Join a rainmaker group (or create your own)
  • Use social media for accountability and support
  • Hire a consultant or coach

If you’d like to join a group of colleagues, check out Chapter 1 of The Reluctant Rainmaker (pages 26-30 in the print edition) for specific suggestions of how to find or create the right group.  And if you’re looking to hire a consultant or coach, let’s talk and see if we’re the right fit. Click here to schedule a FREE 30 minute call.

Obvious but ignored: rainmaking success requires action.

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New behaviors, especially those that play out in public for others to see, can be difficult.  We lawyers especially, who tend to fall toward the perfectionist side of things, perceived a high risk in trying something new.  What if we fail?  What if we look stupid?  What if we really mess up?

Last Sunday, I took on a new role in my church.  Despite having observed others perform this role, I was really nervous: I’d be in front of the whole congregation, taking on a highly visible part of the service.   In preparation, I read the handbook for performing this role, searched online for other guidance, drafted and revised the words I’d say, and mentally walked through every part I’d play in the service over and over.

I noticed three things about my preparation: 

  1. I could envision failure more easily than success.   I imagined tripping and falling on the altar stairs.  I imagined dropping the microphone and books and trays.  And I even came up with my response should those things happen: flash a winsome smile, chuckle, and say “Well, at least I got THAT over.”
  2. I spent more time preparing than I did acting.  I invested close to three hours reading and working on the comments I’d make.  I even typed out the comments and then copied them by hand onto an index card!  And all told, I probably spent 15 minutes performing my role.
  3. While the preparation I did by myself was helpful, I got the most benefit from the few minutes I spent talking with others who could tell me what to do.  The handbook, while helpful, included some directions that we didn’t use, and certain steps weren’t clear to me.  So I grabbed someone who’s served in this role for more than ten years and asked for help—and she straightened me out right away.

The other thing I noticed is that I hear these same observations from my clients when they’re talking about business development.  Reluctant rainmakers (those who would really prefer to build a book of business just by being a good lawyer, not engaging in specific business development activity) are especially inclined to spend as much time in gearing up for activity as doing it, and much of that time may be spent in fruitless worry.  We typically don’t call it that, of course: we may call it planning or brainstorming or waiting until the time is right.

The antidote to this paralysis by analysis is action.  Action is the only antidote.  In my church analogy, I started to feel more competent in my anticipated role when I talked with someone who could answer my questions, not when I read books or visualized my part in the service.  And having performed that role once, even though I didn’t do things as well as I would have liked, I know what it feels like, where my specific challenges are, and what I need to do to improve.

With business development tasks, action may feel high-risk because of the possible consequences if it goes wrong.  The truth, however, is that (barring exceptional circumstances) a misstep can usually be corrected, and in most cases, a small amount of preparation will avert disaster.  In other words, don’t go into a meeting cold, don’t attend an organization’s meeting without knowing what the group is about and who’s in leadership, and don’t call an important contact without having some sort of plan.

Most of us hold back too long on rainmaker activity; few rush in without forethought.

Here’s the take-home

Where are you stalling in your business development plan?

  • If you’re stuck in planning where to start, get outside help from a mentor, a colleague, or a marketing professional.  It can be difficult to begin with the 30,000-foot view that is an overall strategy, and outside help can be instrumental.
  • If you’ve been putting off an activity because the time isn’t right, ask what will make for a “right time.”  Sometimes the delay is legitimate.  If you can’t pick out specific circumstances that you’re waiting for, you’re probably just delaying.  Examples of appropriate delay include waiting for a contact to return from vacation before you make a call or waiting until there’s a vote on specific legislation before releasing a white paper about how to respond to the new rules.  Fruitless delay occurs, for example, when you’re waiting to get “more information” without being clear on what information you need or how to get it.
  • If you’ve been delaying an activity because you don’t know how it will play out, ask what you can afford to lose rather than what you might gain.  Good planning can’t remove all risk.  If you’re considering an action that might blow a relationship, you’re right to be cautious.  If you’re holding off on getting your profile up on LinkedIn because you’re not sure how best to describe your practice and experience, you have almost nothing to lose.  (For a review on this, see Little Bets by Peter Sims, and my review of the book.)
  • If you’re waiting for your schedule to free up, act immediately.  One of the most challenging aspects of business development is doing the work even when you’re busy with client work.  Failing to do that, however, risks getting into the feast/famine cycle.  Almost worse, for mid-level and senior associates and service partners, you run the risk of believing that everything is going ok with your career, when the truth is that today’s economy demands that every private practice lawyer must at least contribute to business development.

Action is required for business development success.  We’re still early in 2020: get your year in gear by acting today.