Posts

Legal Marketing: How do you handle silent rejection?

/0 Comments/in /by

It’s hard to hear “no” when you’re working to increase your visibility through speaking or writing or when you’ve asked a potential client for new business. But as difficult as it is, you probably hear “no” on a regular basis. In fact, if you don’t get turned down at least every now and again, you’re probably playing it too safe and not pursuing enough opportunities. You’ve likely come up with some methods to handle that disappointment.

But how do you handle it when you’ve made an overture and all you get back is silence? Do you assume rejection? Do you follow up, or follow up again, and how do you avoid becoming a pest? Do you take a new approach and see if that gets you further? Do you tuck tail and give up? Ugh—these are tough questions.

Consider these questions when silence is the only answer to an inquiry: 

Diagnostic questions: What (maybe) went wrong?

  • Was your overture interesting enough? Did you offer a juicy tidbit designed to pique interest? For example, rather than simply describing an article you’d like to write on some aspect of law, offer the same description plus a snappy tentative title. If you’re requesting a meeting with someone, be sure you’re offering a good reason for your contact to give up the time to meet with you.
  • Was your request clear enough? Instead of asking for a short meeting, ask for a 15-minute meeting. Suggest a target length for the article you’re proposing. If you’re inviting someone to speak on a panel, suggest a couple of topics she might consider. Details yield specific thought, and you’re more likely to get a response if it’s clear what you want and why.
  • Did you choose the right method of communication? Sometimes you’re stuck with a prescribed format (how to submit an article proposal, for example), but take the time to think it through when you have options. If you know the recipient, what mode of communication does he prefer? How likely is it that his email inbox is overflowing and yours simply got overlooked in the volume?

Prescriptive questions: What can you do now?

  • Might you follow up to try again for a response? Follow-up is fairly easy when you have a somewhat close relationship with your contact or when your contact actually suggested you be in touch. Even without some previous connection, you can typically follow up once (and, depending on the circumstances, perhaps twice) even on a cold contact. If you’ve pinpointed a potential problem with the diagnostic questions, edit your request and try again. To avoid looking like a pest, give serious thought to calling if you’d previously emailed or vice versa. Pay attention to the way you phrase your follow-up: consider the difference in tone between “my email dated 9/1/20 may not have reached you” vs. “you may have overlooked my email dated 9/1/20.” Whatever you do, think pleasant, not pushy.
  • Do you have some other reason to be in contact? Be careful with this approach, because it can backfire if you’re clearly manufacturing a reason to communicate with the person. However, if you have an article that they might find useful or if you bumped into a mutual acquaintance who shared some interesting information, pass that along with a gentle reminder about your initial request.
  • Look for another route to that person. Especially if you’ve made a cold contact, look for a way to network into the connection. Check for mutual connections on LinkedIn, for example, or ask around in your firm or circle of acquaintances. Finding someone who can introduce you or promote your request can be an effective way to gain attention.
  • Let time pass, then try again. When you can’t follow up again, make a note on your calendar to get back in touch in a few weeks or months. End-of-year and summer holidays are often a good time to get back in touch with someone thanks to cultural expectations. You might also watch for an announcement or publication that affects your request or for some suggestion that your contact was involved in something time-consuming that may have prevented a response. One of my clients was frustrated by the lack of response from a distant friend until he discovered that the company in which the friend was an executive had just negotiated an agreement to purchase a competitor. That news both explained the silence and opened an opportunity to get back in touch.

Most importantly, don’t take silence personally. Chances are good that your contact was simply too busy to respond to you. Even if the silence was intentional, the lack of an explicit rejection leaves the door at least cracked for a future attempt at communication.

P.S. If you missed the first session of the webinar series, “The Human Touch of Rainmaking”, it’s not too late!

You can catch the replay until Sunday, October 4th. 

Click here to watch it.

 

P.P.S. Mark your calendar for the next installment of the webinar series, Embracing Virtual and Remote Networking which will be held on October 15th. 

More details to come!

What if small talk fails?

/0 Comments/in /by

Relationships are at the heart of business development. That’s true regardless of the length of your sales cycle, meaning the typical amount of time required for a potential client to move from first encountering you to hiring you. It isn’t necessary to build a deep and personal relationship in all cases, but you do have to have enough of a relationship to allow your potential client or referral source to know and trust you.

Whether your potential client first finds you online or offline, one-on-one conversation is where a true connection may bloom. Most commonly, you’ll find that the process of building a connection takes time. (That’s why follow-up is so critically important.)

You’re probably aware that small talk paves the way for follow-up contacts. Through small talk (conversation that meanders through a variety of topics at a relatively surface level), you learn more about your conversational partner. You discover mutual interests and experiences, and you start to build a common bond. Through follow-up, you develop that bond, and over time a relationship flourishes… And you’re off to other business development issues. (If small talk isn’t your strength, you’ll find plenty of resources online that can help you improve your skills and increase your comfort.)

But what about those situations in which small talk fails? Perhaps small talk isn’t culturally accepted or, despite your best efforts, your small-talk skills aren’t creating an easy flow in conversation. In these instances, you’ll need to find ways in addition to small talk to establish and deepen connections.

The Harvard Business Review article Building Relationships in Cultures That Don’t Do Small Talk offers good tips for recognizing a no-small-talk culture (something that you should already know based on your due diligence) and for adapting. The most important two sentences in the article apply to relationship-building generally, not just across cultures:

One essential piece of advice is to take a longer-term perspective on developing relationships. If you assume that relationships and rapport can indeed be developed in a matter of moments, you’ll inevitably be disappointed.

The article goes on to suggest several tactics to use in the absence of small talk, including working to ensure that “your colleagues see you as someone worthy of having a relationship with, even if it’s not going to happen immediately,” finding impersonal topics for conversation, and knowing when it’s acceptable to build personal relationships.

Use these tips when small talk fails you, but also incorporate them into your relationship-building approach even when you get things going with chitchat. The better you are at adapting your approach to your new contact’s style and the more alternatives you have in mind for building a solid foundation for your relationships, the stronger your network will be.

If you haven’t registered yet for the first session of the webinar series, “The Human Touch of Rainmaking”, it’s not too late!

The webinar is TODAY at 5 pm EDT/2 pm PDT so mark your calendar. 

Click here to register. 

Do you think about what you’re doing?

/0 Comments/in /by

How often do you think about what you’re doing? Probably more often than you should.

Consider this quote:

 

When it comes to business development (and practice in general), building good habits will help you to accomplish the tasks you want more consistently. For example, if you make it a habit to connect with a new contact on LinkedIn and to send a “nice to meet you” note, then to update your contact management system and calendar a keep-in-touch schedule, you’ll never let a great new connection slip through your fingers. If you routinely enter your time at the end of each day, you’ll never have to spend an entire morning (or more) to recreate your records at the end of the month.

What’s your agenda?

/0 Comments/in /by

One of my favorite questions is, “What’s your agenda?” I’ve noticed, however, that we tend not to ask that question of ourselves often enough.

Setting an agenda is a classic time management strategy. If you’re looking to make meetings shorter and more productive, circulate an agenda in advance and expect everyone to come prepared. If you want to make your day more productive, set your own agenda. Of course, other issues may arise in the course of the meeting or the day, but if you set your agenda first, you’ll at least know what you intended to accomplish and you won’t lose track of necessary tasks.

Knowing your agenda is critical for networking. Meeting new people requires you to have a sorting agenda in place: do you want to meet lawyers, bankers, or parents? Are you interested in officers in closely-held businesses, or would you prefer to meet officers in public corporations? Knowing who you want to meet will help you to identify the best groups to investigate and to target the right people for follow-up, which is where the networking magic happens, if at all.

Having an agenda is the difference between effective follow-up meetings and purposeless coffee dates that accomplish nothing. If you have some idea of what you’d like to discuss during a follow-up meeting, you’ll be able to tailor your conversation to be sure that you ask the right questions or offer the right information. It’s easy to wing it for follow-up meetings, but taking a few minutes to think about what you want from the meeting will make you much more effective.

Finally, when you’re talking with someone with whom you’re considering joining forces (for marketing or to form a new practice, for example) ask them directly (or ask yourself) what their agenda is.  Poorly phrased, the question is a bit confrontational, but the more you know or intuit about someone else’s objectives, the better your decisions will be.

Take a few minutes to answer these questions (or others that fit your circumstances):

  • What’s your agenda for today?
  • What’s your agenda for your practice?
  • What’s your client’s agenda?

Share your best ideas with your best clients.

/0 Comments/in /by

When do you share your best ideas? BTI Consulting, a group known for its deep research in client satisfaction and preferences, reports that:

“[j]ust over 2/3 of clients tell us the best new ideas they see coming from law firms happen during an RFP process. Somewhere among the sea of bland boilerplate submissions lies one scintillating idea, suggestion or nugget. One firm invested the time and energy to simply blow their potential client away.”

Being the firm that came up with an amazing nugget is great, but as the BTI article continues, “why wait until an RFP to strut your stuff?” RFPs may be a necessary part of business, but preserving—and perhaps expanding—client relationships is critical to a prosperous practice.  (The article is directed to large firms, but the principles adhere to small firms as well.)

Read the article for a suggestion on how you can do better by proactively sharing your best ideas with your best clients. In the meantime, ask yourself…

  • How often do you offer the “scintillating idea, suggestion or nugget” in an RFP? How can you increase the frequency?
  • How often do you proactively bring an idea, an insight, or an approach to your clients? The BTI article focuses on corporate counsel, but regardless of your practice area, you must spend time thinking about what will make things better for your clients. For example, a litigator might recognize a trend in litigation and offer that to clients to help them avoid unnecessary suits.
  • If you tend not to have repeat business from core clients, identify your ideal client profile and ask what would blow that kind of client away. In other words, is there a new process or resource that would be incredibly helpful?
  • More globally, what do you do when you’re trying to win business that you might do to strengthen the relationship with your current clients? Building a relationship with a current client will, in general, deliver much better results than trying to land a new client. (That doesn’t mean you need not pursue new business, though.)

Offering something eye-catching in an RFP is good, but bringing the nugget to a current client is even better. Read the BTI Consulting article, then apply it.

You’ve Got to Conquer Your Resistance. Here’s How.

/2 Comments/in , /by


Until recently, I was most familiar with Steven Pressfield as the author of The Legend of Bagger Vance, though he has written a number of other well-received books.  And then a year ago, I ran across The War of Art.  Curious, since I’d just finished The Art of War, I started reading and found myself drawn into a world that I quickly recognized as my own.

“It’s not the writing part that’s hard.
What’s hard is sitting down to write.”

“Most of us have two lives.  The life we live, and
the unlived life within us.  Between the two lies Resistance.”

Pressfield’s thesis is that we all have something within us that both seeks and runs from expression.  The book is written expressly for creatives, but even a cursory read reveals that it applies to everyone who has a big goal or calling of some sort.  Pressfield speaks specifically to divinely-inspired genius, and the latter part of the book delves into the role of the divine in genius and talent.  Whatever the source of this talent, however, Pressfield’s focus and his brilliance lies in explaining the role of Resistance and how to recognize and ultimately vanquish it.

Pressfield defines Resistance as “the enemy within”, a “repelling force” that “prevents us from doing our work”.  Resistance comes in many forms:  procrastination, personal drama, and “plausible, rational justifications for why we shouldn’t do our work”.  As I read, it became clear to me that “our work” refers equally to writing or any other form of art and to the work of practicing law, including building a book of business.

In The War of Art, Pressfield introduces the pro, meaning one who combats Resistance and is determined to do the work.  The pro knows that “if he caves in today, no matter how plausible the pretext, he’ll be twice as likely to cave in tomorrow.  The professional knows that Resistance is like a telemarketer; if you so much as say hello, you’re finished.  The pro doesn’t even pick up the phone.  He stays at work.”  In Turning Pro, Pressfield further distinguishes the amateur from the pro and offers insight into making the shift.

The concept of Resistance (and Pressfield’s specific identification of its dangers) prompted me to read The War of Art through a lawyer’s eyes.  As I did, I discovered that Pressfield describes almost every one of the key mistakes I see among would-be rainmakers.  For example:

  • Would-be rainmakers often plunge headfirst into activity, frantically doing everything that seems like it might lead to new business.  Pressfield identifies the cause of this hyperactivity as Resistance:  “Resistance gets us to plunge into a project with an overambitious and unrealistic timetable for its completion.  It knows we can’t sustain that level of intensity.  We will hit the wall.  We will crash.”  Instead of the pedal-to-the-metal approach, he counsels, look on the work as a marathon, and prepare for the long haul.
  • Likewise, engaging in over-the-top activity leaves little time for study and developing skills.  Like firing up a new gadget without reading any of the instructions, jumping from one activity to another can yield superficial success but will never lead to the level of success that results from truly mastering skills.  “The professional dedicates himself to mastering technique not because he believes technique is a substitute for inspiration but because he wants to be in possession of the full arsenal of skills when inspiration does come.”
  • Fear can paralyze the aspiring rainmaker, resulting in too much planning and little, if any, action.  We lawyers don’t often talk about fear in a professional setting, but the truth is that stepping up to build a book of business can arouse fears of saying or doing the wrong thing, looking dumb, seeming pushy or desperate, being rejected, being perceived as unprofessional, and so much more.  Preparation can reduce some of those fears, but as Pressfield observes, anyone who succeeds in doing the work “knows that once he gets out into the action, his fear will recede and he’ll be okay.”  The only way out of fear is to move through it.

What’s in it for lawyers?  The War of Art and Turning Pro both address a problem that often goes unaddressed in the business literature.  Self-sabotage is rampant, and Pressfield nails both the why and the solution in his description of Resistance.

While you may not feel that your practice rises to the level of a calling, committing fully to becoming a rainmaker (through study, planning, and action) requires deep dedication to the goal and a compelling reason to continue despite the inevitable setbacks and difficulties.  Success requires conquering Resistance.

Nearly every successful author adheres to the discipline of daily writing.  Even if the writing for the day is dreadful, the act of writing makes the flashes of inspiration possible.

Parallels exist for every pursuit you might imagine.  In the context of business development, daily activity ensures that something happens each day.  On some days, that something may be fairly meaningless, but showing up and doing the work every single day creates the opportunity to be in the right place at the right time to meet a key contact or to have a conversation with a potential client just after an unmet legal need has popped up.

The War of Art and Turning Pro are poetic, juicy books that might be best consumed on vacation or over a glass of wine.  They speak to the mind, but they influence the heart.  Having read the books, you will be better able to identify and combat Resistance.  You’ll also find yourself inspired by the drama that Pressfield describes.  Although the books are somewhat light on step-by-step “how to” instructions, you’ll find gems throughout.

Welcome!

/0 Comments/in , /by

What greeting do your clients receive when they contact your office? Do clients feel that they’re welcome?  Or are they left with the impression that they’re interrupting something more important?

How your staff handles client contact (or how you handle it, if your practice doesn’t include staff members) will have a significant, though probably unspoken, impact on your client engagements. What’s more, whoever answers the telephone and greets visitors constitutes the first line of your marketing team, since satisfying clients may lead to repeat business and referrals.

We so easily fall into the trap  of thinking that lawyers provide client service and that receptionists, legal assistants, secretaries, and other staff members provide administrative support that really doesn’t constitute client service. While that may be true on one level, it’s wise to consider how much contact the average client has with your staff as opposed to with you.  Unless you’re a sole practitioner without an assistant, chances are reasonably good that the first person your client speaks with is a staff member.  The client will then engage with you with that first impression in mind.

It’s easy to identify and weed out those who deliver obviously unacceptable client contact. The example that comes to mind is one I overheard a few years ago while waiting for a colleague to get off a call so we could talk:  “Well, [Mr. Smith], I  know you think you’re [lawyer’s] only client, but you aren’t!”  Fortunately, someone who would make a comment like that is generally either retrained or fired with haste.

But what about the subtle effects of less-offensive but thoughtless behavior? Have you ever stepped back to observe how non-attorney staff in your office interacts with your clients?

Take a lesson from an Atlanta law firm receptionist who turns visitors into welcome guests simply by greeting each visitor as if he matters. Janette engages every person who walks in.  She knows returning clients, asks how their travel has been, and makes them feel welcome.  When she meets someone new, she exchanges a few comments with them — not the kind of chatter that can annoy someone already on edge, just some niceties that pave the way for further conversation if the visitor so desires.  Every person who walks in is greeted, made welcome, and appreciated.

Here are a few areas to consider as you question what your staff contributes to client relations:

  • Does the receptionist greet visitors with a smile and a friendly word? Especially in the last few years, many staff members have been asked to do more work with fewer resources, and stress has increased.  It’s important not to allow that stress to reach the client.
  • How are telephones answered? Answering by barking out a business name may be efficient, but it’s hardly welcoming.
  • Are clients treated as valued guests and recognized as individuals rather than being lumped together as fungible invoice-paying units?
  • Are basic courtesies observed in communications? For example, if emailing an invoice, is a cover note included thanking the client for his or her business?
  • Do you introduce clients to your staff members, or are staff members simply nameless, faceless people who interact with clients when you’re unavailable?  A simple introduction can transform a staff member from being regarded as only a gatekeeper to being viewed as a valuable resource.

Notice what’s happening when your clients and potential clients interact with your staff. If it’s a negative contribution, how can you help to create a shift?  And if it’s a positive contribution, do you acknowledge and reward it?

WRA 12/10/09: Finding out who’s naughty and nice

/1 Comment/in , /by

It’s the time of year for holiday specials, and last night’s offering was Santa Claus Is Comin’ to Town.  And while I enjoyed the story and the theme, I was dumbfounded when I realized that there’s a bit of a link between Santa and client development!  If you remember the lyrics to the song, you’ll know that Santa is “making a list and checking it twice, [and] he’s gonna find out who’s naughty or nice.”  And we all know that Santa doesn’t reward the naughty.

Do you reward naughty potential clients by letting them hire you?  Just about every lawyer has had the truly awful client: one who doesn’t pay or pays so slowly that the process is agonizing, one who blocks your efforts to get information you need to handle the representation, one who’s routinely rude or unduly demanding or critical, and so on.  Unfortunately, naughty clients come in a lot of flavors.  The good news is that you can avoid many of them if you know what to watch for during your initial conversations.  A few red flags:

  • You’re the third or fourth lawyer this person has consulted or (worse yet) hired on this, or a closely related, matter.  Clients fire lawyers for good reasons sometimes, but you should explore to find out what went wrong.  Trust your gut as you listen to the explanation.
  • The potential client balks at your fee.  As I discussed with a client yesterday, a negative reaction to your fee may be sticker shock, or it could be a sign that the potential client isn’t going to value your services and will argue every step of the way.  Listen carefully.
  • The potential client misses the first appointment, is very late for it, or arrives unprepared.  This isn’t necessarily a dealbreaker because, as we all know, sometimes life interrupts the best-laid plans.  But pay attention.  As with dating, the behavior you see early is likely to be the best behavior you’ll see in a representation.
  • The potential client seems to have unrealistic expectations and is unwilling to hear a contrary point of view.  Clients often expect a more favorable result than their lawyer.  If you explain counterveling considerations that make a matter less certain or less favorable and hit a brick wall, think carefully before you proceed.
  • The potential client blames everyone and everything for his or her problems.  Chances are high that you’ll end up on the blame list, and possibly on the wrong end of a malpractice claim or bar complaint.

None of these red flags necessarily means that you shouldn’t accept the matter, but if one arises, you need to listen carefully to what is and isn’t said and to pay attention to non-verbal communication.  And trust your gut.

WRA 12/1/09: Are you doing it wrong?

/1 Comment/in , , /by

I recently spoke with a lawyer who had tried a variety of business development activities, all to no avail.  She’d written articles, she’d taught seminars, she’d advertised, she’d attended some networking events, she’d posted her profile on various social networking sites, and so on.  But after all of that, she didn’t have any results to report at all, and she was about to conclude that she just wasn’t meant to be a rainmaker.

That reaction is so common.  It’s so discouraging to work at something — especially something as important as business development — and to see no results.  But three mistakes often come clear when I talk with someone who has worked hard at rainmaking without meaningful results.

  1. The lawyer is measuring the wrong thing.  Sure, new business is the clearest measurement of rainmaking success, but that’s like starting a diet and measuring success only by reaching goal weight.  There are all sorts of midpoints that indicate success: making new contacts, developing relationships, building a strong reputation in your field, and so on.  These “interim successes” indicate forward movement — assuming, of course, they’re measured as progress toward the ultimate goal of bringing in new business and not as an end in themselves.
  2. The lawyer hasn’t brought in new business. . . Yet.  “Patience & perseverance have a magical effect before which difficulties disappear and obstacles vanish,” John Quincy Adams observed.  In other words, don’t give up before an activity has had time to produce results.  Networking is a key place where lawyers fall short here.  A single conversation is incredibly unlikely to generate new business.  Mere membership in a group, or attending a meeting once or twice, is equally unlikely to be successful in any measure.  Hopping from one activity to another generates a lot of motion but very little forward movement.  Choosing one or two marketing tactics is almost certain to bring better results — unless. . .
  3. The lawyer is doing the wrong things, or doing them in the wrong way.  No matter how persistently the task is undertaken, if it’s fundamentally flawed, it won’t work.  Let’s take networking again.  If your idea of networking is attending meetings, talking incessantly about yourself, your skills, your qualifications, and your experience, plus pressing your business card on anyone who happens within an arms’ length, you are destined to fail.  That’s networking at its worst and it’s unattractive to just about everyone.  In the example that opened today’s post, the lawyer was doing a lot of good activities, but none of them involved actually talking with potential clients and referral sources.  Good activity done wrong does’t work.

Your task this week: are you making any of these mistakes?  Check to see how you’re measuring your success especially.  Because lawyers are trained to focus on the end game (here, landing the new business), this is one of the key mistakes that I often see among new clients.

 

Weekly Rainmaker Activity 11/24/09: Give thanks for referrals

/1 Comment/in , /by


It is, perhaps, a bit of a cliché to focus on gratitude during the United States Thanksgiving week.  Nonetheless, the theme is so important to business development that, cliché or no, that’s the focus for this week’s Weekly Rainmaker Activity.

I’ll begin today’s lesson with a story.  After I’d been in practice for several years, I referred an acquaintance to a lawyer who was a family friend — let’s call him Keith.  I wasn’t expecting anything more than a quick “thanks for the referral” and a good representation if my acquaintance hired Keith — the most I’d received for other referrals I’d previously made to other lawyers.  Instead, I received a “thank you” email, a handwritten note, and (on 9/12/01, a date when anything kind was a welcome distraction) a lovely gift basket.  And periodically over the next few months, when Keith and I crossed paths, he would mention something about my acquaintance’s matter — nothing invasive, of course, but an aside that the matter was proceeding, that he enjoyed working with my acquaintance, and so on.

When the matter concluded, Keith sent me another note to let me know it had ended and that he appreciated the opportunity to work with my acquaintance.  Meanwhile, my acquaintance let me know what a terrific lawyer Keith was and how much she appreciated being in his capable hands.  I felt fantastic about that referral!  Not because of the multiple forms of “thank you” that I received — though I certainly did appreciate them — but because the matter was handled so skillfully.  I’ve referred other matters to Keith over the years, and every single time, the response has been similar.  I absolutely love referring people to him!

A story for contrast.  About the same time, a member of my family (also a lawyer) referred a matter to someone I knew very well professionally.  My family member (let’s call him John) didn’t receive any direct thank you, though the lawyer to whom he’d referred the matter (whom we’ll call Lawyer X) asked me to tell him thank you.  No big deal, but it struck me as peculiar, especially in view of the multiple forms of thanks that I’d received for my referral.

What came next was astonishing to me.  Lawyer X not only didn’t let John know how things were going, but he also didn’t pull out any stops to take good care of the client who’d been referred to him.  Yes, the representation was competent, but nothing more.  When John checked in with the person he’d referred (who was, in fact, his client referred out because of a conflict), he learned that the client felt unnoticed, as if he had to make a lot of noise before getting Lawyer X’s attention.

And during the course of the representation, a few things even slipped through the cracks.  Nothing big, as far as I know, but a few promises went unmet, and some pieces of the matter didn’t happen in a timely manner.  All of this information went back to John, who was appalled.  He felt that he had made a bad referral that not only had the potential to harm his client but also to harm his client relationship.  Within a few months, John had vowed never to make another referral to that lawyer.  And, indeed, he never did.  My guess is that Lawyer X has no idea, to this day, how poorly John (and his client) felt the referral went.

These two stories go beyond expressing gratitude for referrals and into client service, but let’s focus for today on how to thank someone for a referral.  Sending an immediate thank you, followed by another thanks (perhaps with a gift), and yet another with a larger (but still appropriate) gift sends a clear message of gratitude.  Equally importantly, keeping the referral source updated on the matter, while protecting your new client’s privacy, allows the referral source to be confident that the matter is being handled well.

Today’s assignment: create your own plan to thank those who send you referrals and to continue the flow of information.