What To Do When You Don’t Get The Matter.

One of my clients (let’s call her Renée) had a major disappointment recently. She had been courting a potential client (let’s call it ABC Corp.) for quite some time, and all the signs indicated that she would be tapped to handle a major piece of litigation. And then, instead of returning the engagement letter, ABC Corp. called Renée to share the news that another lawyer had landed the matter instead.

Certainly, a painful moment.

To her credit, Renée took the opportunity to ask what she could have done differently. ABC Corp. was pleasant and gave some answers that were plausible but didn’t quite ring true to Renée, and then the call was over.

Now what? What should you do next when you’ve lost a potential client?

  1. Find out why, if possible. Since the answers Renée received didn’t ring true to her, we stepped back to consider what the real reasons might be. Money is always a likely suspect, so we discussed how the competitor lawyer may have structured the winning fee proposal and whether/how that should affect what Renée does. We also discussed other possibilities like a long-term relationship between the GC, a perception that the other lawyer has more experience, and a few other factors.
  2. Evaluate your own performance. Would you, with the benefit of hindsight, change anything about the way you approached the potential client and matter? Would you change the make-up of your pitch team? Were there any awkward moments you would seek to avoid next time? Did you spot a way to improve your marketing materials?
  3. Determine your next steps with the would-have-been client. How far has this ship sailed? In other words, do you expect a future opportunity to arise with this client? (For Renée, there’s always the possibility of more litigation; if the matter was the sale of a business, what potential might exist with the successor?) Based on how the process proceeded and was completed, should you continue to court the would-be client, should you consider asking for a referral, or should you let things lie for the time being?Whatever your answer, unless you decide to take no further action (which in the majority of cases is not the best decision), sketch out your next steps and put dates or time-frames on your calendar.
  4. If you’re taking the loss hard, remember this quote from Pat Summit: “Left foot, right foot, breathe.” In other words, keep going. Don’t let one loss, even a painful one, knock out your drive to build your practice.

Rejection of any kind is unpleasant, so make sure you learn as much as you can from losing a matter to help you improve your business development skills.

Staying Committed To Your Business Development Goals

As you’re no doubt aware, on Monday (the 17th), the U.S. observed its annual Martin Luther King, Jr. Day, a holiday intended to encourage Americans to serve their communities in honor of Dr. King’s legacy.

What you may not know is that Monday was also Blue Monday, the date on which it’s said that post-holiday letdown, the demise of New Year’s resolutions made without the foundation of a well-considered goal, dreary winter weather, and the prospect of another year made difficult by the ongoing pandemic combine to create the most depressing day of the year.

I hope you haven’t felt the full effects of Blue Monday, but over the years I’ve noticed that this is about the time when lawyers with newly focused on business development (especially if the decision came as the result of something external, like an annual review) feel their motivation waning.

There’s much to be said about motivation versus commitment. For today, I offer this quote and two simple questions:
  • How committed to business development work are you, really?

    and…

  • What would it take for you to shift from periodic motivation to build your practice to a commitment that will carry you even when you get tired, bored, frustrated, or distracted by your billable work?
Food for thought.

How To Use Social Media For Business Development

You’ve probably recognized by now that social media activity can be useful for business development purposes… but you may not have figured out exactly how to make that happen for you. All too often lawyers tell me that they’re working hard but not seeing any meaningful results from their social media activity. It’s frustrating and enough to make you question whether the effort is worthwhile. After all…

Social media too often becomes a time-consuming activity that seems to promise results are just around the bend—the next post, the next connection. But some lawyers have cracked the code.

Since as far back as 2016, my favorite resource for lawyers has been the annual social media white paper from Good2BSocial. This year’s report offers some good tips (the do’s and don’t-do’s) based on a survey of AmLaw 200 firms’ social media, with winners identified by name and the reasons for their success analyzed. (If your firm is nowhere near the 200, don’t worry: the tips apply regardless of the size or type of firm.)

Note that registration is required to read the report.

It’s worth it if you’re looking to up your social media efforts.

The whole report is worth reading for its analysis of which firms excel in social media and why, but let’s focus on key points:

  • Podcasts and video use are on the rise: consistency in production and targeted content separates the successful from the also-rans.
  • Firms are increasingly focusing on diversity, equity, and inclusion, as well as corporate activism.
  • COVID-19 resource centers remain useful, though not as hot as they were in 2019 and 2020. The most successful firms created their resources from a client-centric point of view.
  • Targeted content cuts through the noise of social media.
  • Just posting doesn’t work: only engagement can build relationships.
  • You must track data to measure social media performance. Otherwise, you’re just guessing at whether your efforts are paying off.
  • Know what distinguishes the platforms from one another and how to use each most effectively.
  • Focus on your clients and potential clients, not on your own firm.

The bottom line? You must tailor your posts to your clients’ and potential clients’ interests, you must engage with those clients and potential clients, and you should go beyond text to audio (podcasts) and video content.

If that feels overwhelming, take heart: when you take the time to create a cohesive social media marketing plan, you can harness the work you do (whether that’s answering questions that multiple clients are posing, presenting a CLE program, or writing an article, for example) and repurpose it in multiple forms and formats, then share it in ways designed to reach your target audience.

To succeed with this, you must create and use a cohesive plan, not just “do social media.”

There’s more useful information in this report, so please do read it if social media use is any part of your marketing plan. Most importantly as we’re still in the New Year’s glow, decide what your objectives are with social media and then create a plan you can follow consistently.

Up For A Challenge?

Happy New Year! January always feels like a fresh start to me, just like September does, after so many years of school. I love to harness the power of possibility that comes with a fresh start.

Every January, I choose one activity that I’d like to make a habit or incorporate more fully into my life. It may be purely a business activity, or it might be a personal activity that has broad benefits.

And then I practice the heck out of that activity for the month.  My results vary with this approach, but it’s always useful. Sometimes I do build a habit (that’s how I went from drinking more Diet Coke each day than any sane person ever should to drinking only water a couple of years ago). Other times, my concentrated activity just gives me a big boost even though I don’t continue with the same level of activity. That’s how I wrote my third book, Legal Rainmaking Myths: I didn’t finish it in January, but working on it every day got me over the starting-is-hard hump.

If you’ve done your planning for 2022, you’ve identified a handful of activities that you want to begin or to do more consistently. Choose one, and make January your month of that activity. If you want to increase one-on-one contact, for example, make a plan to schedule a meeting in person, by videoconference, or by telephone every weekday. If you want to raise your profile by speaking, spend some time each day researching speaking opportunities (relevant community groups or conferences, for example), contacting organizers, and working on topic ideas. You may not get to speak in January, but if you’re diligent, you can get a lot done to set yourself up for speaking later in the year.

If you’re up for the challenge, choose your activity, decide on an appropriate commitment, and block out the time. Get your year off to a powerful start.

Make a new year’s decision.

If you haven’t already done so, I invite you to make a decision (not a resolution) about how you will engage in and with business development activity going forward. Your consistent commitment makes the difference between a decision and a garden-variety resolution (which, statistically speaking, has a 25% chance of being broken within the first week and only a 46% chance of being maintained for more than six months).

 

End-of-year tasks

You probably have a list of tasks you must accomplish before the end of the year. Wrapping up some billable work, making a few final holiday get-togethers, perhaps a few last-ditch but gentle calls to encourage clients to pay their invoices before year’s end.

Adding these two year-end tasks will significantly benefit you as you start the new year:

  • Revise your biographical sketch to reflect this year’s accomplishments, and
  • Do a simple review of your 2021 business development activities to guide next year’s efforts.

Your biographical sketch is almost certainly the most-viewed page on your website.

Updating it isn’t busywork: it’s a way of letting people know that you continue to improve your professional reach and achievements. An out-of-date bio sketch suggests an out-of-date practice. Review this post I wrote in 2009 to walk through steps to ensure that your sketch does what it needs to.

End-of-year planning can take many forms. Here are a few questions to consider:

  • What was your objective and top priority this year? You must start with this question because results are meaningful only in the context of your objectives. For example, my goal this year was business maintenance and writing. Achieving maintenance would feel completely different had my objective been to grow the business.
  • What worked? What got you closer to your objectives? What required the least effort while bringing good results?
  • What didn’t work? Which activities either didn’t bring you the desired results or required effort that’s out of measure with the results attained?
  • What’s your objective for this year? I like to boil my objective down to a single word that can act as a litmus test when I’m deciding what to do. As noted, my 2021 word was maintain. It kept me from drawing back too far or pushing forward too strongly. I haven’t yet committed to a word for 2022, but candidates include growth (growth in my business and professional growth), reach (growing my platform), and communicate (building stronger professional relationships and also writing and speaking more).
  • What will you continue, stop, and start doing to meet your objective? Your 2021 analysis will give you the first two answers, then you can brainstorm your new routes to 2022’s objectives.


The key to planning well is to make it a means to an end. In other words, what comes from your planning should be a document that you will refer to and tweak throughout the year, not a “one and done” effort.

Set aside some time to complete these two tasks now so you can enter 2022 with a clean slate and a clear direction.

To my readers who celebrate Christmas, I wish you a very merry Christmas with your loved ones.

When you plan to “try”

When confronted with a new, daunting challenge, many of us have a tendency to say we’ll try.

In the business development context, that might show up as, “Oh, I hate networking, but I know I need to meet new people, so I’m going to try attending the monthly entrepreneur’s meetup.” Or “I know I need to be easier to find online, so I’m going to try to publish a few articles this year.” Or “It’s been a couple of years since I looked at my business development plan, so I’m going to do that and try to get it updated this month.” Or… Well, you get the picture.

Here’s the truth about saying, “I’ll try”:

 

Sometimes “I’ll try” does mean “I plan to make a legitimate and strategic effort to accomplish this goal.” If that’s what you mean, leave out “try” and just say you plan to do it. Of course, there’s a risk of failure—there’s always a risk of failure—but leaving out the fuzzy word “try” may help to minimize that risk.

I urge an honest and pragmatic approach to business development. So if you aren’t fully committed to undertaking an action (and by fully committed, I mean intending to take planned, strategic, and consistent action), don’t kid yourself. You don’t have to do everything—in fact, you can’t do everything—so acknowledge what you can and can’t do (or will and won’t do) and leave “trying” on the sidelines.

Why market on price?

There’s no doubt that price is a factor in most buying decisions. However, price is not the only factor, and it doesn’t have to be the most important factor. Consider this:

 

If you want to command a higher fee, deliver extraordinary quality, convenience, service, and value. How to do that is a long conversation. How do your clients judge quality? What does convenience look like for your clients? How can you create additional value for your clients? And finally, how can you provide client service in a way that produces quality, convenience, and value? Answering those questions typically requires some digging, but it’s a worthwhile pursuit.

Here’s the deeper thought, though…

If you market on price, doesn’t that in effect concede that you don’t deliver extraordinary quality, convenience, service, or value?

Do you need a CRM?

Relationship development is a key part of any business development initiative. That’s why we put so much effort into meeting new people, getting to know them, and following up with them over time. But how do you gather and track the relevant must-know information about your contacts?

Enter the CRM: the Client (or Customer) Relationship Management system.

(One prefatory note for the rest of this conversation: if you’re working in a larger firm, you may have access to the firm’s CRM and consider that sufficient for your purposes. Before you reach that conclusion, find out how easily you will be able to extract your contacts’ information should you leave the firm. If it’s at all difficult, given the reality of today’s professional world, don’t rely on the firm’s system.)

A CRM is most often software (local or in the cloud) that organizes contacts and information about them, but it need not be highly technology-driven. Some people successfully use spreadsheets, Outlook, Evernote, or even a Word file. CRM software offers functional advantages.

Here’s a list of features and attributes your CRM system should include:

  • The system must be accessible from wherever you are.
  • The system must be secure.
  • The system must be a centralized and easy-to-update repository for contact data, including address, email, and telephone as well as business and personal interests.
  • The data within the system must be sortable (so you can identify people who are located in a city before you visit, for example).
  • The system should include a tickler function to prompt you to follow up with clients and contacts on the schedule you define.
  • The system should track your communications so you can see when you last spoke with a contact and what you discussed.
  • The system should allow for easy import and export of your data.
  • Optionally, the system may save a library of resources you can use for follow-up contacts.
  • Optionally, the system may include some automation to streamline your efforts. 

Why might you not want to use a CRM? If you won’t keep it updated, a CRM may do you more harm than good. Otherwise, a CRM is a good investment to facilitate building your network.

Why does your brand matter for building a book of business?

Corporations have known the importance of branding for years, and their brands sometimes take on a life of their own. Take Southwest, for example. NYSE stock symbol: LUV. Founded on exhibiting care for employees and customers, the Southwest brand is about being nice, straightforward, and creative. (See more about that and why it matters for lawyers here)

Just like a corporation, you need to have a strong brand as a practitioner, so that you’re easily distinguished from others in your field and so it’s clear what you stand for.

While marketing methods will evolve and respond to current industry and cultural trends, your brand is based on who you are, your core principles, mission, and values.  You may make adjustments to your brand over time to reflect your growth, but those core factors will rarely change in a way that will fundamentally alter your brand.

Branding is something you and your team must do on a daily basis, through every representation, with every phone call and email, with all work produced, and every invoice you provide to a client. 

Here’s an example, though it’s by no means the end of the story… Consider the law firm Cravath, Swain, and Moore. Everything that emanates from the firm reinforces three key messages:

  1. The firm has been in existence for two centuries,
  2. Its practitioners are recognized for their skill and commitment to their clients, and
  3. Clients seek out Cravath for their most challenging and significant legal work.

From those messages alone, anyone looking for a lawyer knows instantly whether Cravath might be the right choice for them and whether their values are likely in line with the firm’s.  Cravath’s brand is clear, compelling, and different from competitor firms.

And now it’s your turn.

If you’re aiming to be a RainMaster (or even a rainmaker, for that matter), you must identify your brand and your firm’s brand.

Start by asking yourself these questions, among others:

  • Who are you as a practitioner?
  • What specific value do you bring to your clients? (What would your clients say?)
  • How do you make it easier or better to work with you than with another lawyer?
  • What do your clients expect and know they will receive as a result of working with you?
  • Why do clients seek you out?

Each of these questions, when answered with care and when your client engagements demonstrate your answers, creates the basis for a focus on client relationships and building client value.

I’ve uncovered a shortcut for answering who you are as a practitioner in a clear, compelling way: the attorney avatar. An attorney avatar defines a key aspect of your brand as well as the value you offer clients, all based on who you are as a practitioner. A few examples:

  • Are you a Personality, meaning someone who’s highly social, who naturally builds a wide and varied network of contacts, who skillfully introduces those contacts to one another, and who has great influence among her contacts? As a client, you’d want access to a Personality because you’ll have entrée into a network through someone who exercises influence among its members.
  • Are you a Partner, meaning someone who collaborates closely with clients, who seeks client input, and thinks in terms of how “we” might move forward? A client would want to work with a Partner to get insight on the legal issues she’s facing and to jointly explore the best route forward.
  • Are you a Prophet, meaning a lawyer who takes matters focused on one particular issue (or a small handful of issues) with the intent of using those matters to advance the law in the direction that the lawyer believes the law should be moving? A client would work with a Prophet to push the law not just as it applies to their matter, but as it applies more generally. Civil rights and liberties are one example of an area of law that may attract Prophets.

If none of those avatars grabs you, that’s ok — there are three more avatars, and one will describe the way you function in practice.

Once you’ve defined your brand (in terms of your attorney avatar and otherwise), the next question becomes how you convey it. That brings us to positioning, which is the process of sharing your marketing message, particularly including your brand, with clients and contacts. Positioning depends upon business development activities such as communicating with potential clients and referral sources through key marketing avenues.

I’ll share more information about branding and positioning in upcoming emails, but here’s the key takeaway: you must have a brand as an attorney, and that brand informs the way you market yourself and your practice as well as your positioning among other practitioners in your field.

If you fail to understand and shape your brand, you may be misperceived in a way that limits your business development opportunities; if you fail to pay attention to your positioning, you may be invisible in the market or a “best kept secret” — both of which result in too little business of your own.

P.S. Eager to learn how you can put this all together to become highly and credibly visible so you can build a solid book of business? [Here’s the fast track.]