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Business Development Trades in Promises

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Sales. Selling. Sales pitch. How do those words come across to you? Positive, negative, or no charge at all? Studies show that a significant number of people have some bad impression about selling, though most people have no negative association with buying. (See Daniel Pink’s To Sell Is Human for more on this.)

But if you’re to grow your practice, you have to be able to secure new work, and that requires sales skills. I know, you didn’t go to law school to sell stuff (nor did I)… And yet, if you’re uncomfortable in a sales conversation, your potential client will perceive that discomfort and may think you’re uncomfortable with the matter or the client, or even that you’re trying to hide something.

I’m always on the lookout for alternative ways of looking at sales because you must master your comfort with the idea of sales before you can master the skill itself. And I found a new perspective in a recent article that you cannot afford to miss.

Here’s a teaser: “What we’re really trading in is promises.”

Take two minutes to read the post, then five or ten to contemplate its implications. It’ll change your perspective on both sales and client service.

 

Progress or excuses?

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One simple question for you today: are you making progress toward your business development goals… Or are you making excuses?

Here’s the tricky part: progress doesn’t necessarily require massive action, and action doesn’t necessarily equate to progress.

Take a minute and get honest with yourself. If you don’t like what you discover, do something different today. Making progress can be as simple as picking up the phone to call a strategically selected contact.

Are you reactionary or responsible?

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After I finished writing last week’s article on the relationship between the generative power of language and your business development activity, I remembered several other articles discussing a similar topic. I highly recommend you check Michael Hyatt’s 3 Ways You’re Giving Up Power with Your Words: How the Way You Speak Can Sabotage Your Success. Hyatt’s discussion of how words like “I’ll try” give us an automatic escape from whatever you say you want to do:

“When we agree to a commitment by saying, “I’ll try” or “I’ll give it my best shot,” we’re saying the opposite. At least that’s what people usually hear.

The problem is that it not only undermines our credibility, it also lowers the chance we’ll make good on the commitment because it’s a subtle denial of our own agency.”

After you’ve read Hyatt’s post, check out this one from Seth Godin. Godin’s upshot:

When you decide to set the agenda and when you take control over your time and your effort, the responsibility for what happens next belongs to you.

And that’s why you must take an entrepreneurial approach to your practice. Change is going to come, and you can be reactionary or responsible. The choice is yours, but only one of those options will lead you to success.

Don’t underplay yourself

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When a law firm hires me to work with a junior associate, very often one part of the engagement centers of the associate’s leadership presence and self-confidence – how he or she presents to others.  (Of course, that focus is not by any means unique to junior associates.)  Although reviewers may use a variety of words such as proactive, poised, assertive, or self-assured, they’re usually looking to see to what extent the lawyer is able to present as a leader, as someone who is sufficiently self-confident to inspire others’ confidence.  Such a person typically contributes to conversations, asks insightful questions, and is willing to express an opinion or espouse a position.

Interactions with someone who lacks this level of confidence tends to leave others (supervising lawyers and client alike) uncertain of the message being conveyed.  Does a lack of contribution indicate lack of comprehension?  Boredom?  Something else entirely?  It may be difficult to interpret what what’s happening, but the result is a lack of clarity and an unwillingness to rely on the lawyer whose self-presentation is found to be lacking.  The consequences can be significant, including unduly slow career progression (or even being fired) and difficulty in building client relationships.

For instance, I was working with one client (let’s call him Tom) who was hoping to make partner and entered coaching to strengthen his performance so he’ll be a strong candidate.  He’d picked up on some comments that made him question whether he was viewed as partner material.  I found Tom to be intelligent, personable, and funny.  I also noticed that when I’d ask him a question about his work, he downplayed the role he’d played.  It puzzled me, because I could tell from the kind of work he was describing that he was a heavy lifter on the cases, but to hear him talk he was simply supporting work done by others.  One day, Tom said that a particular concern he held about making partner was that it didn’t seem like anyone regarded his work as being important or notable.  He explained the evidence for his feeling, and then I asked his permission to share an observation.

I told him that when he described his own work, he minimized and understated his contribution.  To hear him tell the story, he contributed little more than hours – and certainly nothing critical in terms of strategy or deep analysis.  But when I asked specifically and pressed, he’d tell me about tasks he’d done and decisions he’d made that were quite high-level.  My assessment was that because he was so careful not to overstate his contribution – and perhaps so uncomfortable being in the spotlight – he didn’t give a fair opportunity for someone to understand the kind and level of work that he was doing.

We devised a plan for Tom to share more about his work, and he discovered that when he changed his communication style and became more open about what he was doing, people began to appreciate the scope of his work and to understand what he was capable of doing.  He got more and better work, and he felt that others’ perception of him was more accurate.

Michelle, another client, was upset to receive a review that indicated that some clients didn’t want to talk with her because they felt that she didn’t have a sufficient grasp of the right legal strategy to accomplish their aims.  When pressed for details, a reluctant partner admitted that although he knew Michelle understood exactly what was at stake and how to advance the clients’ interests, her comments were so often peppered with words like maybe and possibly and her inflection was so often questioning that she just didn’t seem to be sure of what she was saying,.  The result was that her communications undermined his confidence in her even though he knew she was almost invariably right about what she was saying.  After making a concerted effort to notice the habits that the partner identified, Michelle started speaking with more authority and more clarity, which over time (and along with other changes that Michelle implemented) increased the confidence that others put in what Michelle said.

 How do you know if your presence isn’t as strong as it should be?  Here are three common signs:

  1.  You create “wiggle room” with your word choice or with your vocal inflection.
  2. You feel the urge to speak up or to ask a question but you stop short – and then someone says what you’ve been thinking, and you feel frustrated.  (Or you do speak up but your comments aren’t much noted, and then someone says effectively the same thing and gets more attention.)
  3. You find that you generally speak much less often than others in a meeting.  (But this can be a sign of strong presence if, when you speak, others give significant weight to your comments.)

If you recognize yourself in these signs or if you’ve received feedback that you need to be more proactive, perhaps we should talk.  While learning to project more confidence and a stronger leadership presence requires stepping outside a comfort zone, the impact can be dramatic.  Especially in this difficult market, your job and your client relationships may depend on your ability to inspire confidence.  Ready to take the first steps?  Email jessica (at) lifeatthebar(dot)com to set up a time for us to get acquainted.

What’s in a name?

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During my third year of law school, I was a member of the Lamar Inn of Court at Emory Law School.  For those unfamiliar with the American Inns of Court, it’s an organization based on the English Inns of Court and designed to bring together law students (known in the Inn as pupils), junior practitioners (barristers), and senior practitioners (masters) for education and socialization, with an exclusive focus on litigation.  The Inns of Court, during my involvement at least, created opportunities to rub elbows with some of the celebrated litigators in town, rising stars, federal and state judges — it was a big deal.  I was thrilled to be included, and I was especially excited to have my opportunity to take a “stand up” role in the first meeting, which focused on voir dire.

I will never forget “striking” that jury.  My team had planned our strategy, and we knew what kind of person we did and didn’t want on the panel.  The lawyers on my team took the lead, of course, and then permitted me to take a crack at it after they’d given an example of how voir dire should be done.  After I’d asked a few questions, I wanted to follow up with one of the jurors, a middle-aged man with kind eyes and a French surname that ended in “-et.”  But I couldn’t remember how it was pronounced!  Was it the true French “ay” ending, or an Anglicized “ett”?  I took a guess, and what a lesson it turned out to be.

I tried, of course, the split the difference, but committed to the Anglicized version in the end.  And as soon as I pronounced that “T,” I saw his face fall.  He recovered quickly and answered my question, but in that split-second I learned: you don’t massacre someone’s name if at all possible to avoid it.

After we finished the exercise and the participants and observers had a chance to offer feedback, the juror spoke and said that he felt such warmth from me initially, but that my fumbling mispronunciation of his name broke that.  Not fatally — he said he would have listened to me had it been a real trial, but I lost a point there.  And for years, when I’d see him on the TV news (he was a frequent guest because of his work) I would pronounce his name and feel terrible.  Names really do matter.

And now, I understand.  My last name is the unwieldy Fleming-Brown.  I try not to mind when someone refers to me as “Julie Brown,” but the truth is that I do mind.  I know what a pain it is to give my two last names, but my name matters to me, and its disregard does not go unnoticed.

The point of this rant is to remind you to be careful when using someone’s name.  Almost everyone likes to hear his or her own name, and even if the hearing isn’t a pleasure, hearing the name butchered is unpleasant.  It’s a small thing and shouldn’t be a strike against the fumbler, but it is.

So, whether you’re meeting a new client, a potential client, someone at a networking function, someone you’re interviewing or by whom you’re being interviewed, be sure you catch the name.  Get it right.  If you don’t hear it well, or if you aren’t sure how to pronounce it, just ask.  Most people will be kind.  Using someone’s name correctly is a sign of respect, and mispronunciation or abbreviation can be taken as a sign of disrespect even if it isn’t so intended.  Pay attention.

Freedom to choose

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It’s been a busy weekend at the Fleming-Brown household.  One of my dogs, Jake, is the most cowardly animal I’ve ever met when it comes to thunderstorms — and the most wily.  Both dogs sleep downstairs in crates, mostly because my cat would become a canape if they were allowed free reign at night.  We’ve been having thunderstorms in Atlanta lately, and Jake has become an escape artist extraordinaire.  Despite latches at the top and bottom of the door and reinforcements added on a daily basis, Jake has learned to escape his crate.  (Had I been his first family, with naming privileges, I would have named him Houdini, since the Crate Escape is just the latest in a long line of breaks.)  I don’t know why he wants to escape, and my guess is that he doesn’t either.  He hears a clap of thunder, and his reaction is, I gotta get out of here!

I’d decided to write on the theme of freedom this week, in honor of July 4, and today’s post is particularly motivated by Jake.

Stephen Covey, perhaps best known as the author of The Seven Habits of Highly Effective People, said this about freedom: “Between stimulus and response is our greatest power – the freedom to choose.”

How often do you react, and how often do you respond?

Reaction imples knee-jerk action, with little or no thought — perhaps when you discover that something has gone wrong with a case, that there’s a deadline looming and you’ll have to work all night, or that a client was irritated by a sloppy error, and you react by shooting the messenger?  At the risk of comparing a lawyer with my dog, Jake lives in reaction mode.  Thunder = run for him, period.

Responding suggests allowing enough space to consider the consequences and implications of action and then choosing: given the same bad news, you might respond by swinging into problem-solving mode rather than anger.

Just about everyone is more likely to react when stressed, tired, or otherwise not operating at peak levels.  Fortunately, there’s a single action that you can take to build in a pause and an opportunity to respond, almost regardless of the provocation.  (I’m excluding physical provocation here.)

Take a deep breath.

Just breathing will create a break between action and reaction/response.  During that break, you can choose whether fight/flight/argument/acquiesence and you can consider what response will be likely to move you toward your goal.  You might shoot the messenger anyway, of course: we all make choices we regret even after thinking them through.  But you will have created the opportunity to make a conscious decision, increasing the chances of a response you won’t regret. ◊