Law Practice Management

Law Practice Law Practice ManagementManagement

Classes #10 and #11Classes #10 and #11

MarketingMarketing

Representing Friends and FamilyRepresenting Friends and FamilyDon’t do it!Don’t do it!

• No matter how well you do, it will never be No matter how well you do, it will never be good enoughgood enough

• No matter how little you charge, it will No matter how little you charge, it will always be too muchalways be too much

If you have to do itIf you have to do it

• Be friendly and courteous in social settings Be friendly and courteous in social settings when you are approachedwhen you are approached

• Get them into the professional atmosphere of Get them into the professional atmosphere of your officeyour office

• Don’t reveal confidences to other family and Don’t reveal confidences to other family and friendsfriends

• Take care with billingTake care with billing– Always send bill even if nothing is dueAlways send bill even if nothing is due– Bill should show full amount, then subtract “family” or Bill should show full amount, then subtract “family” or

“courtesy” discount“courtesy” discount

““Announcing” your new practiceAnnouncing” your new practice

• Compile mailing lists (start NOW)Compile mailing lists (start NOW)– EmailEmail– U.S. MailU.S. Mail

• Practice management programs can help Practice management programs can help you compile these lists, print labels, etc., you compile these lists, print labels, etc., for regular mailfor regular mail

• Bulk email services like Constant Contact Bulk email services like Constant Contact let you send out professional email let you send out professional email annoucments and newslettersannoucments and newsletters

Who to include?Who to include?

• Classmates (H.S., college, law school)Classmates (H.S., college, law school)

• Church congregation membersChurch congregation members

• Family and FriendsFamily and Friends

• Members of organizations you belong toMembers of organizations you belong to

AnnouncementsAnnouncements

• EngravedEngraved• Heavy, good paper stockHeavy, good paper stock• Include a business card with each Include a business card with each

announcementannouncement• Consider enclosing freebies such as refrigerator Consider enclosing freebies such as refrigerator

magnets, letter openers, pens, wallet calendars, magnets, letter openers, pens, wallet calendars, etc. etc. – Recipient will keep and be reminded of your Recipient will keep and be reminded of your

availability for legal workavailability for legal work

• Allow a month or two for delivery after orderingAllow a month or two for delivery after ordering

StationaryStationary

• Order in advanceOrder in advance• NeedNeed

– Letter-sized bond letterheadLetter-sized bond letterhead– Letter-sized bond blank pagesLetter-sized bond blank pages– Letter (aka “legal”) envelopesLetter (aka “legal”) envelopes– Business cardsBusiness cards– Cheaper paper and envelopes for non-client Cheaper paper and envelopes for non-client

communicationscommunications– Window envelopes for billingWindow envelopes for billing

Yellow pages adsYellow pages ads

• Targeted more to “blue collar” clienteleTargeted more to “blue collar” clientele• Note Note significant time lagsignificant time lag between between

ordering ad and publication of directory – ordering ad and publication of directory – up to a yearup to a year

• Place smaller ads in each legal category Place smaller ads in each legal category you handle instead of just one large you handle instead of just one large general adgeneral ad

• Full page ads Full page ads very expensivevery expensive for new for new lawyerslawyers

Newspaper adsNewspaper ads

• Large metropolitan papers often a poor Large metropolitan papers often a poor choicechoice

• Small local or neighborhood papers, Small local or neighborhood papers, college papers, shopping news, etc., are college papers, shopping news, etc., are more cost effectivemore cost effective

• Classifieds work as well as display adsClassifieds work as well as display ads

• Regular ads necessary, not one-shot dealRegular ads necessary, not one-shot deal– Potential clients will look for ads when they Potential clients will look for ads when they

need a lawyer, not when you feel like running need a lawyer, not when you feel like running an adan ad

Clever ads and announcementsClever ads and announcements

Personality, not attitude, builds Personality, not attitude, builds businessbusiness

• Clients enjoy working Clients enjoy working with people they likewith people they like

• Often the best humor Often the best humor is self-deprecatingis self-deprecating

Non-complying adsNon-complying ads

Radio adsRadio ads

• Not cost-effective in large marketsNot cost-effective in large markets

• Work best in small towns and rural areasWork best in small towns and rural areas

Television adsTelevision ads

• NotNot cost effective cost effective for new lawyers, for new lawyers, and perhaps not for and perhaps not for any lawyersany lawyers

• Cable better than Cable better than broadcast TVbroadcast TV– Can target your Can target your

market better based market better based on both interest and on both interest and geographygeography

Web marketingWeb marketing

• Tech-savvy (and more affluent) clients Tech-savvy (and more affluent) clients shop for lawyers on the Webshop for lawyers on the Web

• Replacing the Yellow Pages and other print Replacing the Yellow Pages and other print sources for the most desirable clientssources for the most desirable clients

• Need to be sure your Web site meets all Need to be sure your Web site meets all state bar advertising requirementsstate bar advertising requirements

• Make your web ad memorableMake your web ad memorable

• Or dull but honestOr dull but honest

Florida Bar 2012 Economics Florida Bar 2012 Economics SurveySurvey

What makes site effective?What makes site effective?

• ContentContent - the information contained within - the information contained within the sitethe site

• UsabilityUsability - how easy it is to access this - how easy it is to access this informationinformation

• DesignDesign - how well graphics are used to - how well graphics are used to present the informationpresent the information

• MarketingMarketing - how effectively the firm uses - how effectively the firm uses its website to differentiate itself its website to differentiate itself

Effective web sitesEffective web sites

• ContentContent is key is key– VisaLaw is busy, but full of infoVisaLaw is busy, but full of info– Anderson Kill & Olick, P.C. is simple, but Anderson Kill & Olick, P.C. is simple, but

usefuluseful– Jeanne Hannah’s site contains great contentJeanne Hannah’s site contains great content

Chat rooms?Chat rooms?

• FL Ethics Opinion A-00-1:FL Ethics Opinion A-00-1:An attorney's participation in a chat room An attorney's participation in a chat room in order to solicit professional employment in order to solicit professional employment is prohibited by Rule 4-7.4(a).is prohibited by Rule 4-7.4(a).

Social Networking:Social Networking:What are FL Lawyers Using?What are FL Lawyers Using?

• Facebook – 15%Facebook – 15%

• Linked in – 13%Linked in – 13%

• Martindale-Hubbell Connected – 8%Martindale-Hubbell Connected – 8%

• Twitter – 2%Twitter – 2%

• MySpace – 2%MySpace – 2%

• Legally Minded (ABA) - <1%Legally Minded (ABA) - <1%

• Legal OnRamp - <1%Legal OnRamp - <1%

Social Networking RulesSocial Networking RulesThe Florida Bar

GUIDELINES FOR NETWORKING SITESAPPROVED BY THE STANDING COMMITTEE ON ADVERTISING

(Revised May 8, 2012)

• Pages used solely for social purposes are not subject to the lawyer advertising rules.

• Pages used to promote the lawyer or law firm’s practice are subject to the lawyer advertising rules. Regulations include prohibitions against any misleading information, which includes references to past results, promises of results, and testimonials.

““YouTube" RulesYouTube" RulesGuidelines for Video Sharing Sites

Approved by The Standing Committee on Advertising(Revised May 8, 2012)

• Videos unrelated to the practice of law are Videos unrelated to the practice of law are not subject to the lawyer advertising rules.not subject to the lawyer advertising rules.

• Videos used to promote the lawyer or law Videos used to promote the lawyer or law firm’s practice are subject to the lawyer firm’s practice are subject to the lawyer advertising rules and must comply with all advertising rules and must comply with all of the general regulations set forth in Rule of the general regulations set forth in Rule 4-7.2.4-7.2.

Law Firm Blogs:Law Firm Blogs:Used by FL Lawyers?Used by FL Lawyers?

• Yes – 8%Yes – 8%

• No – 92%No – 92%

Be master of your own domainBe master of your own domain

• Lawyer or firm email address ending in Lawyer or firm email address ending in name of ISP, or aol.com, yahoo.com, etc., name of ISP, or aol.com, yahoo.com, etc., does not convey professional imagedoes not convey professional image

• Register own domain and use forwarding Register own domain and use forwarding service from My Domain or Go Daddyservice from My Domain or Go Daddy

• Use your name, but better yet, use a name Use your name, but better yet, use a name that identifies what you dothat identifies what you do

Happy clients as a marketing Happy clients as a marketing techniquetechnique

• Return all phone calls promptlyReturn all phone calls promptly– Don’t let the sun set on a phone messageDon’t let the sun set on a phone message

• Use correspondence to keep clients happyUse correspondence to keep clients happy– Clients get copy of everything that comes in Clients get copy of everything that comes in

or goes out (but only or goes out (but only afterafter lawyer has seen it) lawyer has seen it)– Anything they get reminds them that you are Anything they get reminds them that you are

working on their case (they don’t have to working on their case (they don’t have to wonder)wonder)

Time-triggered lettersTime-triggered lettersCan generate businessCan generate business

• Lease renewalsLease renewals

• Child reaching majorityChild reaching majority

• Contract renewalsContract renewals

• Corporate annual meetingsCorporate annual meetings

• Criminal record expungementCriminal record expungement

Organization membership as Organization membership as marketingmarketing

• Social, civic, and charitable organizations Social, civic, and charitable organizations are good source of clientsare good source of clients

• Need to join for genuine motives to build Need to join for genuine motives to build trust – phonies are easily spottedtrust – phonies are easily spotted

• Avoid organizations that are already Avoid organizations that are already lawyer-heavylawyer-heavy– As newcomer, you can’t competeAs newcomer, you can’t compete

Look to your vendors for clientsLook to your vendors for clients

• Tech service personnelTech service personnel

• Sales peopleSales people

• Other professionalsOther professionals– CPA’sCPA’s– Insurance agentsInsurance agents– PhysiciansPhysicians

Senior citizens as clientsSenior citizens as clientsWe have an abundant supply!We have an abundant supply!

• Seniors are wealthiest segment of societySeniors are wealthiest segment of society• Often need special care and attentionOften need special care and attention

– Accessible office for seniorsAccessible office for seniors• Close parkingClose parking• Ground floor office or accessible elevatorGround floor office or accessible elevator• Carpet not too thick for wheelchairs or walkersCarpet not too thick for wheelchairs or walkers• Quiet officeQuiet office• Good lightingGood lighting

– Take your time moving and explainingTake your time moving and explaining– Have wheelchair availableHave wheelchair available

Senior legal issuesSenior legal issuesSurprisingly diverseSurprisingly diverse

• Wills, estate planningWills, estate planning• GuardianshipGuardianship• Nursing home Nursing home • Medical careMedical care• Property saleProperty sale• Insurance or government benefitsInsurance or government benefits• Pension rightsPension rights• Grandparent visitationGrandparent visitation• DivorceDivorce

Mining your own closed filesMining your own closed files

• Set up a multi-year follow up calendar for Set up a multi-year follow up calendar for all of your clientsall of your clients– Reminds you to contact client when certain Reminds you to contact client when certain

amount of time has passed since file closureamount of time has passed since file closure– This can be automated with many practice This can be automated with many practice

management programsmanagement programs

Automatic follow-upAutomatic follow-up

• Corporate minutes/annual meetingsCorporate minutes/annual meetings• Lease option datesLease option dates• Contract renewalsContract renewals• Will reviewsWill reviews• Judgment renewalsJudgment renewals• Minors becoming adultsMinors becoming adults• Criminal record expungementCriminal record expungement• Domestic relations issuesDomestic relations issues

Keeping ClientsKeeping Clients

• Efforts vs. ResultsEfforts vs. Results– Clients Clients needneed favorable results favorable results– Clients Clients wantwant effort effort

• Whether a client comes back to you, or Whether a client comes back to you, or refers other to you depends more on their refers other to you depends more on their perception of your perception of your EffortEffort than an objective than an objective measure of measure of ResultsResults

Projecting EffortProjecting Effort

• Copy of all documents and Copy of all documents and communications send to clientcommunications send to client

• Return client calls immediatelyReturn client calls immediately

• If working at night or weekend, make up If working at night or weekend, make up reason to call client about his/her casereason to call client about his/her case

• Bill monthly (at least)Bill monthly (at least)

• Make “house calls” to client’s place of Make “house calls” to client’s place of business (or residence if appropriate)business (or residence if appropriate)

Projecting Effort (cont.)Projecting Effort (cont.)

• Update clients on new case law, statutes, Update clients on new case law, statutes, or rules that may affect their case or or rules that may affect their case or businessbusiness

• Don’t create inflated expectations about Don’t create inflated expectations about fees, time intervals, or results merely to fees, time intervals, or results merely to keep client happykeep client happy– Client won’t be happy when expectations are Client won’t be happy when expectations are

not metnot met

Satisfy clients bySatisfy clients by

• Explaining the legal process and the client’s Explaining the legal process and the client’s legal positionlegal position

• Listening to the clientListening to the client• Demonstrating interest and concern for the clientDemonstrating interest and concern for the client• Dealing honestly with client on fee mattersDealing honestly with client on fee matters• Keeping client informed of progress on their Keeping client informed of progress on their

mattermatter• Promptly returning client’s phone callsPromptly returning client’s phone calls• Promptly completing client’s legal workPromptly completing client’s legal work

Why clients fire lawyersWhy clients fire lawyers

• Client diesClient dies 1%1%

• Client relocates Client relocates 3%3%

• Client dislikes work productClient dislikes work product 5%5%

• Client has dispute with lawyerClient has dispute with lawyer 24%24%

• Client feels service was not goodClient feels service was not good 67%67%

Which cases/clients to turn down?Which cases/clients to turn down?

• Never be third lawyer on caseNever be third lawyer on case– One prior attorney may be merely a One prior attorney may be merely a

personality conflictpersonality conflict– Two prior attorneys suggest problem with Two prior attorneys suggest problem with

clientclient

• Always check with prior lawyer(s)Always check with prior lawyer(s)– Unpaid fees?Unpaid fees?– Lien for his/her services?Lien for his/her services?

Which cases/clients to turn down?Which cases/clients to turn down?(cont.)(cont.)

• ““Hurt feelings” or “vindication” cases Hurt feelings” or “vindication” cases (questionable damages)(questionable damages)– DefamationDefamation– Brawls and assaultsBrawls and assaults

• Landlord-Tenant casesLandlord-Tenant cases– Client (no matter which side) will never be Client (no matter which side) will never be

happy and will resist paying billhappy and will resist paying bill– Sometimes more vindictive than divorcesSometimes more vindictive than divorces


• Clients who set unreasonable or arbitrary Clients who set unreasonable or arbitrary deadlines for completion of a matterdeadlines for completion of a matter

• Clients who cannot articulate their goals at Clients who cannot articulate their goals at the beginning of the engagementthe beginning of the engagement

• Clients who are rude to you or your staffClients who are rude to you or your staff

• Clients who want a “favor” in the form of a Clients who want a “favor” in the form of a family or friends discountfamily or friends discount


• Divorce cases for people heavily in debtDivorce cases for people heavily in debt– Unless you get paid in advanceUnless you get paid in advance– Don’t count on court awarding meaningful Don’t count on court awarding meaningful

feesfees

• Criminal casesCriminal cases– Unless you get paid in advanceUnless you get paid in advance– Inmates are not likely to payInmates are not likely to pay

• Cases where opposing counsel is on your Cases where opposing counsel is on your “life’s too short”“life’s too short” list list


• Slip & FallSlip & Fall– Unless damages are substantialUnless damages are substantial

• Clients who say they are “only interested Clients who say they are “only interested in the principle, not the money” in the principle, not the money”

• Clients who want to use your phone, staff, Clients who want to use your phone, staff, and office to do their businessand office to do their business

• Clients who ask you for a loan against Clients who ask you for a loan against their anticipated recoverytheir anticipated recovery


• Cases where client promises other side Cases where client promises other side “will settle right away to avoid publicity of “will settle right away to avoid publicity of litigation”litigation”

• Cases entirely without meritCases entirely without merit

• Religious fanatics who say “God sent me Religious fanatics who say “God sent me to you” because they may expect God to to you” because they may expect God to pay the billpay the bill


• Clients who say they’ve consulted other Clients who say they’ve consulted other lawyers before you, but won’t identify the lawyers before you, but won’t identify the lawyerslawyers

• Clients who refuse to give you their home Clients who refuse to give you their home address and want you to accept only a address and want you to accept only a P.O. Box or email addressP.O. Box or email address

• Clients you just “don’t like”Clients you just “don’t like”– Huge emotional toll working for clients you Huge emotional toll working for clients you

actively dislikeactively dislike


• No. 1 Rule: “Trust your gut” No. 1 Rule: “Trust your gut” – If you feel uncomfortable about a client or If you feel uncomfortable about a client or

case, examine whycase, examine why– That examination will tell you all you need to That examination will tell you all you need to

know know

• LOMAS: May disciplinary consultations LOMAS: May disciplinary consultations start off with “ I can’t believe it! I just knew start off with “ I can’t believe it! I just knew that guy was trouble!” that guy was trouble!”

How to say “NO”How to say “NO”

• Tell client the truthTell client the truth– No merit to caseNo merit to case– Case makes no economic senseCase makes no economic sense

• Suggest alternativesSuggest alternatives– Small claims courtSmall claims court– Other lawyersOther lawyers– Self-representationSelf-representation– ADRADR

How to say “NO” (cont.)How to say “NO” (cont.)

• Asking for money up front will weed out Asking for money up front will weed out bad clients/cases, and reduce need to say bad clients/cases, and reduce need to say “no”“no”

• Always follow-up “No” with written Always follow-up “No” with written confirmationconfirmation– Non-engagement letter, See Non-engagement letter, See FoonbergFoonberg, pp , pp

242-245242-245

Documents

Law Practice Management