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LITIGATION BREAKFAST CLE OCTOBER 22, 2015 [email protected] Bragglawpc.com

[email protected] Bragglawpc.com. Melanie Bragg Attorney – Mediator [email protected] Bragglawpc.com

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Page 1: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

LITIGATION BREAKFAST CLE

OCTOBER 22, 2015

[email protected]

Page 2: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

EFFORTLESS MARKETING:

PUTTING YOUR UNIQUE QUALITIES TO WORK

Melanie BraggAttorney – Mediator

[email protected]

Page 3: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com
Page 4: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com
Page 5: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com
Page 6: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

BRAGG LAW PC

Page 7: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

How to Capture and Keep Clients

BRAGG LAW PC

Page 8: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Putting your unique qualities to work

A: Assess yourself

D: Decide what works for you

D: Do it

3 parts of the ADD formula of Effortless Marketing

Page 9: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

The Law

Is a noble profession and lawyers are guardians of the law and play a vital role in the preservation of society.

Page 10: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

ABA Model Code of Professional Responsibility

ALL marketing efforts must be filtered through the ABA model code and the applicable state bar disciplinary rules.

Refresh your memory before embarking on new marketing activities.

Each state has specific rules that govern marketing and advertising.Check with your state bar on all activities that might be

questionable.

Page 11: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Ethics, Discipline and Standards

Ethical considerations Aspirational in character and represent the

objectives toward which every member of the profession should strive.

Disciplinary rulesMandatory in character and set the minimum

level of conduct. Standards of professional conduct

Expected of lawyers in their relationship with the public, the legal system and with the legal profession.

Page 12: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Maintaining The Integrity Of The ProfessionRule 8.4 Misconduct It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct,

knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Page 13: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Legal Duty

A lawyer should assist the legal profession in fulfilling it’s duty to make legal counsel available.

Page 14: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Information About Legal ServicesRule 7.1 Communications Concerning A Lawyer's Services

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

Page 15: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Putting your unique qualities to work

A: Assess yourself

D: Decide what works for you

D: Do it

3 parts of the ADD formula of Effortless Marketing

Page 16: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

A: Assess Yourself

You can’t sell something you do not believe in. How do you play the game of life? No matter where you started;

Know yourself, realistically determine your assets and deficits, and identify what you really want out of the practice of law.

Page 17: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Poker Chip Theory of Self- Esteem and Success

Self-esteem is like a stack of

poker chips. When you have

lots of chips, you take bigger risks. Risk big to win big. Work hard to build confidence by

successfully surviving risks.

Page 18: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Strengths and Weaknesses

Take out a legal pad and

draw a line down the middle

or use the worksheets

Page 19: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Time Allotment

Start a list of how you spend each dayBreak down by percentage

○ How much is work, family, exercise, spiritual development, leisure, friends, and your community?

○ Are the percentages where you want them to be?

○ How do you want to change it and what can you delegate?

○ Do you put yourself last?

Page 20: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Incompletes and Messes

Whatever you have left undone or unfinished and incomplete commitments can stall your progress.

Page 21: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Go Back in Time

Get in touch with yourself When were your happiest moments?

Childhood, college, law school, early years of law etc.

Page 22: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com
Page 23: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

The Present

Look at where you are in your practice;Are you satisfied?Are you opting for “security” over

happiness?Be honest with yourself.

Page 24: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Burn Out Realizing you are “Burned out” Transform into what you want

to be. There is not one formula

that fits all.Know what you spend your

time doing daily.

Page 25: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Written Goals

Put it in ink Written goals are a critical part

of our success in any endeavor. Written goals remind our subconscious to

help us achieve our desires.

Page 26: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

BRAGG LAW PC

Page 27: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Break it down and work on it

Anything can get in your way and hold you back.

Often it is the little things that add up and create a road block.

Page 28: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Meditation

BRAGG LAW PC

Page 29: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Affirmations

An affirmation is a powerful, positive statement which affirms your being in the state of having already accomplished the goal.

Page 30: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Use Affirmations to:

Replace negative self-talk; Change your limiting beliefs, Program your subconscious mind, Intensify the law of attraction, Greatly accelerate your success.

Page 31: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Guidelines for creating an effective affirmation

Start with the words I am. Use the present tense. State it in the positive. Affirm what you

want, not what you do not want. Keep it brief. Include an action word ending with –ing. Include at least one dynamic emotion or

feeling word. Make affirmations for yourself, not others.

Page 32: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Your Power Source

How charged up is your

battery?

- You can only give out

what you have.

- Keep your tank full.

Page 33: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Gratitude

An attitude of gratitude will expedite your process.

Page 34: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

D: Decide What Works for You

Page 35: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Vision

What is your firm’s Mission Statement? Do you have a firm business plan? Marketing plan? Prepare one. Look at it once a week to to keep it fresh

on your mind.

Page 36: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Creative Visualization

Paint a picture.Think about it first thing when you wake up

and as the last thing before you fall asleep.

Page 37: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Turning it into Reality

How you picture things will translate into the real world and affect your path. Make sure the image is always positive

Page 38: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Learn New Skills to Enhance your Marketing Efforts

Join a Toastmasters group to practice public speaking.

Take a writing class to increase your exposure.

Hire a life coach or success coach. Join or form an accountability or master

mind group.

Page 39: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Rainmaking Activities

Make a list of all rainmaking activities available to you.

How will you achieve them? Compliment your skills and personality

traits. Branch out! Do something you do not

normally like to do.

Page 40: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Inspiration

Any form of self-improvement will create marketing opportunities.

Daily inspiration is vital. Find something that inspires you and

participate! Community service is a great way to

network and charge your internal battery.

Page 41: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Stretch Yourself

Shake things up. Say Yes instead of No. Force yourself to venture into new

areas. You never know what will transpire.

Page 42: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Tell People What You Need

People cannot read your mind. Tell them if you need work or help on a

project. Seize every opportunity, even if you are

not in “the mood”.

Page 43: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Break your Goals Down into Projects

Make them do-able projects.Keep it to a reasonable amount of time. (30

days) Small successes along the way always

make the journey better. Join legal organizations and be around

people that help you reach your goals.

Page 44: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

D: Do It-Last step to the ADD formula

You cannot “do nothing” and master the art of rainmaking.

If you have to, Do it Afraid!

Page 45: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Make Sure You Follow the Rules:

Information About Legal ServicesRule 7.4 Communication of Fields of Practice

and Specialization (a) A lawyer may communicate the fact that the lawyer does or

does not practice in particular fields of law. (b) A lawyer admitted to engage in patent practice before the

United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation.

(c) A lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation.

(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and

(2) the name of the certifying organization is clearly identified in the communication.

Page 46: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Keep Rule 7.3 in Mind When Marketing:

Information About Legal ServicesRule 7.3 Solicitation of Clients

(a)  A lawyer shall not by in‑person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:

(1)  is a lawyer; or (2)  has a family, close personal, or prior professional relationship with the lawyer. (b)  A lawyer shall not solicit professional employment by written, recorded or

electronic communication or by in‑person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:

(1)  the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or

(2)  the solicitation involves coercion, duress or harassment. (c)   Every written, recorded or electronic communication from a lawyer soliciting

professional employment from anyone known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

(d)   Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in‑person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

Page 47: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Do Not Overstate Your Qualifications:

Information About Legal ServicesRule 7.2 Advertising

(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.

(b) A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may

(1) pay the reasonable costs of advertisements or communications permitted by this Rule;

(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

(3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an

agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

(i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. (c) Any communication made pursuant to this rule shall include the name and

office address of at least one lawyer or law firm responsible for its content.

Page 48: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

“Butt in Chair” Method

Page 49: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com
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Handling Setbacks

It is part of life and we cannot let it hold us back.

Do not let the past keep you from trying it again.

Do not let others decide what you can and cannot achieve.

Page 51: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

“ Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the gray twilight that knows not victory nor defeat.”

- Theodore Roosevelt

Page 52: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Ask Ask Ask

Success Principles by Jack

Canfield, #17 Every No gets you closer to a Yes. And do not let anything stop you.

Page 53: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Never, Ever Give Up

Page 54: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Defining Moments

BRAGG LAW PC

Page 55: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Expand Your Resources

Enroll people to help you. Connect to what you care about. Communicate it clearly. Have a compelling invitation. The better you get, the less effort it

takes. Develop habits.

BRAGG LAW PC

Page 56: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Momentum

Effortless Marketing require momentum. More momentum, easier it gets. Forms balance and order.

Bliss Spot

BRAGG LAW PC

Page 57: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

Connect with Me

www.Bragglawpc.com

[email protected]

BRAGG LAW PC

Page 58: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

How to Capture and Keep Clients

BRAGG LAW PC

Page 59: Melanie@bragglawpc.com Bragglawpc.com. Melanie Bragg Attorney – Mediator melanie@bragglawpc.com Bragglawpc.com

EFFORTLESS MARKETING:

PUTTING YOUR UNIQUE QUALITIES TO WORK

Melanie BraggAttorney – Mediator

[email protected]