The 3 Phases of Marketing

Seth Godin’s recent blog post Awareness, trust and action, identifies and describes the three phases of marketing outreach. Godin defines “marketing outreach” to include ads, PR, and sponsorships, but I’d suggest that it also encompasses business development activities.

Read this post! Using this simple three-phase model will help you to organize your business development tasks and be sure that you’re working in each phase so that you’re known, trusted, and having conversations that may move your potential clients to action.

Meeting Client Expectations… Or Not.

One of the top client complaints received by bar associations across the country has to do with lawyers’ failure to return telephone calls. I haven’t seen statistics, but I suspect that clients also complain about lawyers who fail to answer email. Clients expect that lawyers will communicate with them in a timely manner, and on the surface, just about all lawyers agree. And the same is true for other service providers, including those who don’t have a professional oversight board of some sort.

But we’ve all had that annoying client. You know, the one who is constantly on the phone or sending yet another email with an unnecessary question or comment. The one who is so insistent on knowing when a task will be completed that it may feel like you won’t have time to do the work unless you “ignore” the client for a while. And even if you don’t have one of those clients, you’re probably still swimming in telephone calls and emails – we all are these days.

So, how do you deal with client expectations about communications? If you meet every expectation, you may fear that you’ll add dramatically to your workload and you may worry that your clients will dictate how you operate your business; if you don’t meet expectations, you may find yourself on the wrong end of a complaint, or you may discover that dissatisfied clients are telling their friends and colleagues about your [perceived] poor service. What’s the answer to this catch-22?

Have a conversation with your clients about communications at the time of engagement. The most dangerous expectations are those that go unexpressed. If, for example, a client is expecting a weekly check-in and you don’t realize that, it’s probably a safe bet that the client will quickly feel dissatisfied and either start clamoring for attention or silently smoldering. If you ask what the client expects, you’ll have an opportunity to meet that expectation.

And, you may choose not to meet the client’s expectations, instead finding an arrangement that works for you as well as for your client.  When there’s nothing pressing, for instance, you may not communicate with the client for some period of time.  If you bill based on time, unnecessary communications will run up your client’s bill (perhaps creating greater dissatisfaction), and if you use a flat fee arrangement, unnecessary communications can eviscerate your profit. Planning in advance to advise that a quiet period is coming instead of taking the time to give weekly reports of “nothing new” will serve your client and yourself.

When you discuss expectations, you can respond to what your client expects by sharing your own expectations. Some clients will be satisfied when they understand when and why you communicate (especially if you agree to communicate in the manner your client prefers), some may negotiate with you in some way, and some may choose not to hire you. Regardless of the outcome, both of you will come out ahead for having had the conversation.

What’s more, when you build this into your pre-engagement conversation, you may find that this conversation can either convey or serve as a value-add for your client. Your client may not expect weekly updates, but if you share that aspect of your practice in advance and the value that other clients find in those updates, your ordinary habit may be a selling point that gets you hired. And anytime you can both increase the likelihood of securing new work and increasing client satisfaction with one simple conversation, shouldn’t you do it?

Clients aren’t property.

An interesting article to share with you this week:

Law Firms Leaders’ Moneyball Mistake: (registration is required to view the article) Written by Steven Harper, author of the can’t-miss book The Lawyer Bubble, this article points out the problems with large firms’ “aggressive inorganic growth” via lateral hires. Harper quotes Group Dewey Consulting’s Eric Dewey’s observation that, “An attorney needs to bring roughly 70 percent of their book of business with them within 12 months just to break even,” and that “more than one-third bring with them less than 50 percent.”

Why should you care? If you’re in a large firm, understanding these issues is important in considering firm growth and your own professional options. If you’re in a smaller firm, the lessons may still attain.

More importantly, the article offers the reminder that clients are not property. Whether you’re planning to bring or receive portable business, or whether you’re planning to inherit a book of business from a retiring attorney, it’s important that you understand that successfully requesting any kind of client shift depends on trust and a strong relationship that extends to the new situation.

And so it’s important to be building trust and relationships with your clients even if you have no intention of asking them to follow you to a new firm or to work with your designee when you leave practice. It’s too late to do that work when a change is imminent, and in the absence of a trusting attorney/client relationship, you may find your client shifting work to another lawyer or firm.

What will you do with this information today?

How do you establish trust?

You’ve probably heard some version of Bob Burg’s statement that, “All things being equal, people will do business with and refer business to, those people they know, like and trust.”

We tend to focus on getting known, we work to communicate in a way that increases the chances of being liked, but how do you build trust? I like this perspective:

Trust is built in very small moments.

What does this mean in the context of business development and the practice of law? Ensure, to the greatest extent possible, that everything you do increases (or at least doesn’t decrease) your trustworthiness. For example:

  • Return calls and emails within a reasonable time. (Extra points for letting your contacts know when they should expect to hear from you.)
  • If you say you’ll do something (whether it’s billable work or following up on a conversation), do it at the time and in the way you said you would.
  • If you send a newsletter, send it consistently.
  • If you’re asked a question and you don’t know the answer, say so and promise a follow-up—and then follow up when you said you would or sooner.
  • If you’re wrong about something or you make a mistake, own up to it. Explain if necessary, but don’t make excuses.
  • Be findable in the groups and publications where someone in your field would ordinarily be found. (If you’re an elder law attorney, for example, you might be a member of the National Academy of Elder Law Attorneys.)
  • Have a professional presence both offline and online that fits your practice. (Your “vibe” will be likely different if you work with musicians than if you serve Fortune 100 companies, for instance.)

These are just a few examples of how you might do your part to appear and be trustworthy. What opportunities do you see in your own practice?

Don’t make assumptions.

I ran across this quote recently:

what's your favorite traveldestination- (2)

So true, isn’t it? And yet, we all tend to make assumptions.

  • That client is thrilled with our engagement; this one isn’t.
  • That target client is represented and has no interest in moving; that one understands the legal situation that’s cropped up but can’t (or won’t) spend the money to resolve it.
  • That contact knows what kind of work I do and knows I’d like to get referrals.

What assumptions are you making that may affect your business development success? How can you test them?

 

Two keys to biz dev perseverance and success.

Have you ever had the wind knocked out of your business development sails? That can happen when you expect to land some new business and it doesn’t happen, when you hit a few closed doors in a row, or even when you lay out your business development plan and feel exhausted just looking at it. Nobody said building a book of business is easy or fast.

Here’s what makes it less frustrating: doing business development activity on a consistent basis and tracking what you do and your results. When you act consistently and build a track record to look back on, you’ll find it easier to keep on keeping on.

I’ve written extensively about the need for consistency. In talking with several clients recently who were slammed with billable work and leaving business development work on the back burner as a result, I suggested this:

  1. Determine, with all the clear-eyed realism you can muster, how much time you can make available for business development activity on a daily basis.
  2. Block that amount of time on your daily calendar.

  3. Categorize your task list based on the type of activity (contexts, to use Getting Things Done language) and on the amount of time necessary for completion.
  4. Work on one “chunk” of activity each day. If your tasks take less time than you have available, cross a couple of items off your list. If they take more time than you have available, define and complete one step toward the task.

You probably won’t keep your scheduled block every single day, but if the blocks are on your calendar, you have a much better chance of making consistent progress than if you only have one block of time set aside per week.

Tracking

I’ve also written about parallels between business development and going to the gym. Last month, I shifted from a small local gym to my neighborhood YMCA, and I discovered a new parallel: tracking matters!

My new gym features Fitlinxx®, small screens that show the proper settings for each machine and connect to an online program that tracks participants’ activity. Through Fitlinxx®, I can see historical data about what machines I used, how much weight I lifted, and how much cardio or other activity I performed, along with my standings among other FitLinxx® members. I not only stay motivated (right now, I’m #8 among women in my age range in my gym, and I’m just over 200 points behind the #5 position—hello, competition with myself to move up!) but I can also correlate how I performed with how I’m feeling, how I’m sleeping, and so on. All of this data is measurable and meaningful to me, and I can use it to help me improve.

So too with tracking your business development activity and results. When you track what you did and what happened as a result, you’ll get data that will tell you what you can and should do to improve your results. (Do more of what works well and eliminate what doesn’t work, and use the data to tell you which is which.) You may also find that tracking your activity is motivating in itself, and if you share it with an accountability partner (a peer or a coach) you’ll likely find that you do more activity and work to do better.

Here’s the bottom line on tracking:

Where performance is measured, performance improves. Where performance is measured and reported, the rate of improvement accelerates.

You can find more information on how to track your results in Chapter 3 of The Reluctant Rainmaker, and you may download a sample tracking sheet here.

How will you build consistency and tracking into your business development approach?

Why status quo is dangerous.

What’s wrong with status quo? Maybe nothing. But here’s what you need to keep in mind when you’re considering whether to make a shift of some sort:

Status quo doesn’t get attention.

Status quo doesn’t delight anyone.

Status quo doesn’t get talked about.

Status quo doesn’t feel fresh or tailored.

Status quo… just IS.

Maintaining status quo

In a world that is moving forward, staying the same gives your competitors an advantage. They need not make a big change, and they need not even make a change that offers a substantial advantage: any change offers a point of distinction.

Should you make a change solely for the sake of making a change? No. But you should never stop asking whether a change is warranted to better serve your clients, to better position your practice, or to work more efficiently.

If nothing else, a change may get your own creative juices going. If you’re trying to solve a difficult problem, try standing up or working in a different location. Even driving to work in a new way may stimulate new ideas.

If you’re feeling stuck in status quo, what might you change?

Decision or action?

Consider this short exchange:

Copy of “Five seagulls are sitting on a dock. One of them decides to fly away. How many seagulls are left-” “Well … four.” “No,” Jones responded. “There are still five. Deciding to fly away and actually flying away

What have you decided to do to grow your practice? Are you actually doing it?

What’s every client’s favorite word?

On one level, clients are looking for different things as they choose and work with attorneys. Some want a budget provider who will do the minimum necessary or collaborate closely with in-house counsel or business people for DIY completion. Others want to hire the most prominent, best known, most expensive lawyers to appease the Board of Directors or to show another party that a matter is getting serious attention. Yet others look for a lawyer who has connections to useful people or businesses, and others prefer to work with lawyers who have implemented legal project management. You get the idea, and the variations are endless, especially once you consider clients who seek a combination of attributes.

But there’s one word that sums up what every client is seeking: value. The budget-seekers measure value in terms of the legal spend. Those seeking a lawyer with connections define value in part in terms of getting introductions that will expand their reach in some way. Those seeking the authority in the field measure value in terms of top quality legal work, of course, but they also expect to benefit from the top lawyer’s reputation and successful track record. These (and a myriad other ways of determining value) should affect your marketing in at least two ways:

  1. You must know what core value (other than quality legal work) you bring to the class of clients you serve and identify that in your marketing. This is one aspect of differentiating yourself from other practitioners in your field. The differentiating factors that matter are those that your clients value. If what sets you apart isn’t something that your clients value, it’s a distinction that won’t have any substantial effect in growing your practice.
  2. You must find ways to create value for your clients in the course of your representation. Think of this as an “add-on” value that’s above and beyond the core value you identified to differentiate yourself from others. Examples might include sharing information about a trend you’ve identified, offering educational material to support the legal work you do (a pamphlet about ways to attract investors to a start-up or an annual email that invites clients to see whether they need to update their estate plan, for example), or a directory of providers in fields that would benefit your clients.

Take this non-legal example to illustrate the two kinds of value. When you think about car repairs, the most important thing is likely that the repairs be completed correctly, within a reasonable time, and for a reasonable price. Core values that might attract you to a particular garage would include a focus on particular brands of cars or using only factory-authorized parts. Repair shops would promote those points of differentiation because they may be decision factors. Add-on value would include the availability of a comfortable waiting room with wi-fi, a quiet area, and good coffee. Chances are that you wouldn’t decide on a repair shop solely based on that add-on value, but you would appreciate it, you might tell others about it, and you might find the repair process better because of those perks.

Your action item:

Questions on value 2

How to write well for marketing purposes

Last week, I had two strategic planning sessions with private clients. As usual, writing (articles, blog posts or comments, newsletters, client alerts, etc.) featured prominently in both of the business development plans we created. And also as usual, my clients each asked why they should bother writing, when so many other lawyers are already writing on the same topic. It’s a smart question that each lawyer must answer before pinning marketing hopes on writing.

Here’s what it boils down to: to be effective, you must cut through the tremendous amount of noise that your target audience confronts daily. Blog posts, articles, and client alerts too often regurgitate the no-longer news about a legal development without extending any analysis that makes the information relevant to the reader. Given the availability of “as it happens” information about legal developments, simply being a reporter won’t cut through the noise, and it won’t get useful marketing attention. 

So what does make written product effective for marketing?

Star Onboarding Title Page

This infographic summarizes these steps, along with several others that will make your written marketing product useful for readers and therefore effective for marketing.

Is writing an effective tactic in your business development plan? If you’ve recently written something for marketing purposes, review it now to ensure it complies with these guidelines. And if you haven’t written for marketing purposes, brainstorm at least 10 subjects you could write about a set a deadline for yourself.