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Volume 176, 2018 $6.95
Best Books for Solo Entrepreneurial Lawyers in 2018
Dina Eisenberg 4 Client Intake Best Practices for Law Firms
Aaron George
A Strategic Approach to Legal Business Development
Jay Harrington
Make This the Year You Take Control of Your Time!
Susan Duncan
17 Ways to Add Value to Your Client Relationships
Eric Dewey
Attorney of the Month
Patrick Griffin,
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2018 EDITION—NO.176
TABLE OF CONTENTS 6 Make This the Year You Take Control of Your Time! by Susan Duncan
10 Best Books for Solo Entrepreneurial Lawyers in 2018 by Dina Eisenberg
EXECUTIVE PUBLISHER Brian Topor
12 Community News
EDITOR Wendy Price
ATTORNEY OF THE MONTH
CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Susan Duncan Eric Dewey Jay Harrington Aaron George WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.
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16 Patrick Griffin, Griffin Law Office APC, San Diego Passion and SmallTown Values Lead To Success by Dan Baldwin
22 Seventeen Ways to Add Value to Your Client Relationships by Eric Dewey
26 Four Client Intake Best Practices for Law Firms by Aaron George
28 A Strategic Approach to Legal Business Development by Jeffrey Jacobs
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Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2018 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
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Make This the Year You Take Control Of Your Time! by Susan Duncan
A
lot of lawyers are extremely challenged about operating in crisis mode and ending many days feeling they were not productive because they were side-tracked into unanticipated interactions, tasks and requests. Being organized and able to prioritize is something some people seem naturally to do better than others, but are skills that can be learned and practiced. You can learn good time management habits to determine the difference between urgent and important.
Begin with the end in mind. Write a personal vision statement. Before plowing into how to better manage your time and priorities, take a step back and think about your vision and goals for yourself, including your professional and personal life. Where do you want to be in 15 years? Ten years? Five years? What will your practice look like? What management responsibilities will you have? How much time will you devote to your career? Your firm? Your family? Your friends? Your community/causes? Yourself? Write down your goals in a statement for each of these milestone years. Keep these in front of you and refer to them often.
Manage your email. If you are like most professionals, you likely spend around three hours a day processing emails. First, set up a folder structure for your email, e.g., each client, one for prospects and business development, one for personal, one for bar or professional associations, one for firm committees or management, one for general firm announcements. Second, be sure to flag any emails you don’t want to receive as spam and ask your assistant to unsubscribe you from any lists you are on. Third, if possible, turn off your email notification for several hours a day and don’t respond to every email when it comes in. If you have alerted your assistant to key emails to help you watch for, she can contact you about these. Fourth, send fewer and clearer emails yourself, only to those who need to receive it, with a clear subject line and clear action request. Remember that for every email you send, you may receive three in return! 6
Attorney Journal San Diego | Volume 176, 2018
Ask your assistant to help you. Despite the change in roles and responsibilities of many lawyers’ assistants (no longer doing traditional legal secretarial tasks), a good assistant can play a critical role in helping you get and stay organized, anticipate and prepare for both planned meetings and projects as well as the unexpected, and help with a number of other time-saving tasks. The first step is to sit down with your assistant and ask him/her what her experience is with organization and time management and see whether he/she has observed specific areas where he/she could help you. Consider having him/her help you in the following ways: • Meet for 15 minutes at the beginning of every day or end of the day to make a to-do list of the meetings, tasks and must dos for that day. Even doing this once a week on a Friday or Monday is a useful discipline. • Alert him/her to clients or others that may call or email and flag those for you; let her know what merits an interruption and what doesn’t. • Look ahead to meetings where she can be sure the conference room is reserved, refreshments ordered. • If meeting with a client or prospect you haven’t seen in a while, ask her to print out a LinkedIn profile of the person and/or take a quick look at the client web site for any company news of importance. • Make sure he/she knows how to navigate LinkedIn and reminds you to update your profile; he/she can also send out links to articles you’ve written and remind you to send an invitation to connect to all new contacts, etc. • Ask for help with your email review and management (see above). With enough knowledge of your clients and priorities, he/she can help put emails into folders for you to review by client, management committee, etc.
Keep a daily To Do List and prioritize it. At the beginning of every day, write a list of the things you need to get done that day. This will include preparation for meetings,
attending meetings, calls with clients, working on client projects with deadlines, business development and management tasks, as well as personal tasks. Place an A or B beside each task to indicate those that must be completed on that day versus those that can carry over to tomorrow. And if there are tasks you absolutely dread on your list, get in 15 or 30 minutes early and do those first thing in your day when you are freshest.
Block time in your calendar for longer and important tasks. Begin blocking time into your calendar for chunks of time when you know you’ll have to review or draft documents. Without scheduling this time in, you will inevitably find your days filled with other unscheduled interactions and pushing this work to the evenings or causing a delay in the work-flow chain which then impacts others. Also important is the discipline of discerning urgent tasks from important tasks.
Allow as much as 50% for “unplanned” events, crises or interactions.
Be flexible but establish boundaries for work-life balance. It is nearly impossible in today’s 24/7 business world to completely turn off the work clock at a particular hour or for full weekends. Clients and colleagues know you have access to email around the clock and given how competitive it is for law firms to attract and retain clients these days, lawyers feel pressure to be hyper-responsive and always available. You need to be clear on when you will not be available because you choose to turn your attention to family or other personal priorities and activities. Most colleagues and clients will respect this as long as they know you will still get their work done, which might include having others on the team to back you up and share the load. This is in part a question of managing expectations and finding the right balance for yourself. For example, many lawyers I know with young families might leave the office at 5 but when kids are in bed or doing homework, return to do an hour or two of email follow-up.
Learn to say “no.”
Learn to close your door, go to a conference room, turn off your email notifier and ask your assistant to hold calls to get work done that you have blocked time out for. Sometimes, this is the work that gets done an hour before the average day begins or in the evenings or on the weekends, since that is when you are less likely to be barraged with emails, phone calls and colleagues stopping by.
Look at the occasions where you say no to someone as opportunities to both help you meet your own goals but also for others. In many firms, partners become reliant on and may trust only one or two people to work with a client, take care of a management issue or be assigned an ongoing task or role. When asked to do something that you don’t have time for or isn’t a priority or doesn’t interest you, identify whether there is someone else for whom this could be a good development or leadership opportunity. Learn to be selfish and strategic with your time but not without trying to find a good “back-up” option for the person asking. There obviously are times when you need to be a good “firm citizen,” partner or colleague and help others out, but often, we don’t have the courage to say no and offer a good alternative which the person asking won’t think to do unless you raise it yourself.
Track and evaluate how you are spending time.
Save some time for you!
Unless you are in a solo practice, you will inevitably have unscheduled interactions with colleagues in the firm, receive unscheduled phone calls and need to attend to some sudden deadlines. Add a few one-hour blocks into your daily schedule to allow time for these unanticipated requests and conversations, especially if you serve in a management role.
Concentrate on each task.
Most law firms still require lawyers to record their billable time, and some are good about providing ample non-billable categories in order to track and in some cases reward time spent on non-billable but important firm activities. Many lawyers don’t record their non-billable time accurately as they don’t believe it is valued and, in some cases, believe firm management looks down on them for tracking their non-billable time. It is important for you to be able to evaluate how you are spending your time now in order to improve your time management. Create a daily log and monitor your time for two weeks. You then can take a close look at what is taking more time than it should or than you’d like, where you can delegate, where you can be more focused and efficient, where you can say “no” more often.
Between client, firm and your family obligations, it is easy to forgo time for yourself. Whether it is a day off, an exercise regime, meditation, time with a friend, participating in a hobby or something you are passionate about, take time to recharge your batteries. n Susan Duncan works on the business, strategy and management side of the legal profession at RainMaking Oasis and has been doing so since 1980. Along with a high level of energy and enthusiasm, Susan brings deep knowledge of the legal industry and a passion for what she does to her clients and consulting engagements. To learn more, visit: www.RainMakingOasis.com.
Attorney Journal San Diego | Volume 176, 2018
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Attorney Journal San Diego | Volume 176, 2018
Best Books for Solo Entrepreneurial Lawyers in 2018 by Dina Eisenberg
R
eading a great book is a real joy. Reading is also an effective way for solo lawyers to discover new ways of marketing and growing your law practice.
Listening is the New Reading Lawyers love to read. It’s what we do—we read and interpret information for the benefit of our clients. So, it’s understandable if your reading has been limited to case law. After all, you gotta work. However, I’m asking you to make time to read non-legal books to improve your business knowledge, business growth, and personal development. If you’re not growing, neither is your law practice. Before I break out my list of books, let me introduce you to my secret reading tool: Audible. Audible is the solution if you’d like to read more books but simply can’t find the time to sit with a book. I’ve been an Audible subscriber for over 10 years. I love it because I can read whenever I want. Before going to bed, I set the timer and listen for 30 minutes. While cooking dinner the phrase, ‘Alexa, play my book’ allows me to cook and learn. (I’ve burned a few things because I was concentrating on the concepts in the book, but oh well.) Generally, I’m listening to two books at a time (one biz, one personal). The Audible app is easy to install and set up on your phone or iPad. I have both my devices linked to the account. You simply
click to spend 1 credit (the cost of most audiobooks on Audible) and then send the book to your phone or iPad wirelessly. Sweet! You have no excuses for not reading these fabulous books I’m about to recommend!
5+ Best Books for Entrepreneurial Lawyers to Read Your law practice is actually a business. We were trained in law school about how to practice law (kinda) but not how to run a successful, profitable business. You can educate yourself by reading business magazines and books (and hiring a mentor). I read Inc. magazine as my source for business innovation and tools for years before I was featured in the magazine. One of the most helpful management articles I ever read was about the Navy (yup, that Navy) and how they look at promotions. Reading Bo Burlingham’s book Small Giants helped me as a solo define my practice and business rules. I learned that I could say no to clients even as a small fry. You don’t have to be a big firm to have a firm culture that’s based on your values and goals. In fact, I’d argue that it is even more important for a solo lawyer to be crystal clear about your culture and boundaries. It’s your business. You get to set the rules according to the Sovereign Nation of You. My list is short for now. I actually want you to read these this month because they will set you up nicely for an incredible year. Of course, you can get these on Audible!
Essentialism
by Greg McKeown
Lawyers get overwhelmed and way too happy to wear the ‘Me so Busy’ badge. Don’t be like that. Reading this book helped me develop my own concept of what is essential in my life. It can be difficult to let go of things, but reading this book helped me realize that I should cling to the things that matter most and let the other stuff go. What is an essential, non-negotiable for you?
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Attorney Journal San Diego | Volume 176, 2018
Building a Story Brand
by Donald Miller
This book is for you if you are stuck on building your brand or find clients confused by your messaging. Raising my hand—so many lawyers are confused by what I do. I thought it was obvious, but not so much. Reading this book, and doing the exercises, helped me to step back and reconsider my messaging. An easy read, you’ll be inspired to make changes in how you talk about what you do and to your website. (You want to pass the ‘grunt’ test.) I will be coming back to this book throughout 2018 for sure because a simple shift in messaging allowed me to grow my targeted audience quickly and keep them happy. Can visitors to your site tell what legal problem you solve in 5 seconds?
Reinventing You
by Dorie Clark
We re-invent ourselves all the time but never really focus on the process involved. I like this book for lawyers because it will help you identify your ‘awesome sauce,’ what makes you uniquely valuable to others, so you can convey that to prospects and clients and stand out in the marketplace. What’s your super talent?
Entrepreneurial You
by Dorie Clark
We are all about multiple income streams around here. This book will help you think about not just how to be more entrepreneurial, but also how to do that strategically so you are leveraging your efforts. If you read all her books, Dorie takes you along on her own entrepreneurial journey and that of other successful entrepreneurs. Lots of actionable advice here. What income streams have you been dreaming about adding to your law practice?
The Conversion Code
by Chris Smith
Sales are the flip side of marketing. Once people become aware of your brand and what you offer, you need to convert them into clients. A little rough for most lawyers, including myself. That’s why this book is so useful. You’ll get word-for-word examples of how to handle various sales challenges and convert more clients. It was really interesting for me, as a mediator/Ombuds, to see the author sharing techniques that I consider tools for conflict resolution. I used some of the ideas successfully, although I have an aversion to sales like most lawyers. Do you have a repeatable sales process for talking with potential clients?
Bonus Read: Profit First by Mike Michalowicz
Face it. Most lawyers are number-phobic. I know I am. That’s why I work with Profit First bookkeeper and accountant in my business. Profit First is a cash management system that suggests that you pay yourself first (profit) before you pay expenses, the traditional way of running a biz. The book is a relatively easy read and fun, however I recommend booking time with a PF pro like Billie Anne or Wendy to set up your new accounts for you.
Dina Eisenberg is the award-winning entrepreneurial lawyer who prepares solo and small firm lawyers to delegate, automate and design a law practice that fits. Is it time to delegate? Take a quiz to find out at: www.outsourceeasier.com/take-the-quiz Attorney Journal San Diego | Volume 176, 2018
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COMMUNITY news CaseyGerry has added two new
associate attorneys—Alyssa Williams and Jillian F. Hayes—to its growing legal team. A cum laude graduate of University of San Diego (USD) School of Law, Williams interned at the USD Veterans Legal Clinic, worked at the mediation program for small claims at San Diego Superior Court and served ALYSSA WILLIAMS as a legal extern for former San Diego Superior Court Judge Ronald S. Prager. At CaseyGerry, she will focus on complex litigation, including class actions and mass torts, working closely with partner Gayle Blatt. Hayes previously focused her practice on insurance defense as an attorney at Taylor Anderson LLP. She earned her J.D. from California Western School of JILLIAN F. HAYES Law, where she served as an instructor for the school’s Street Law program— helping high-risk youth throughout San Diego understand their legal and constitutional rights. Now specializing in serious personal injury, she will work closely with partner Frederick Schenk. Wilson Turner Kosmo LLP
announces the election of two new partners, Carolina Bravo-Karimi and Emily Fox. Bravo-Karimi represents and advises employers on a diverse array of employment disputes, including wrongful termination, discrimination and harassment as well as wage and CAROLINA BRAVOhour litigation. She is also active in the KARIMI local legal community, serving as the president of the San Diego Chapter of the Federal Bar Association, on the Law Alumni Board for the USD School of Law and as Outreach Chair for the San Diego Volunteer Lawyer Program’s Women and Families Resource Fair. Fox represents and provides counsel to employers including discrimination, retaliation, harassment and wage and EMILY FOX hour practices. She also conducts comprehensive employment-practice analyses along with wage and hour audits. Fox also trains human resource and management professionals on new and developing laws. Beyond her legal practice, Fox serves as president of Camp San Diego and serves as Outreach Chair for the SDVLP’s Women and Families Resource Fair.
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Attorney Journal San Diego | Volume 176, 2018
RISHI S. BHATT
PATRICK W. MCMANUS
JAMES J. ASTUNO JR.
Finch, Thornton & Baird, LLP
added five attorneys to its growing ranks. The new additions include Rishi S. Bhatt, Patrick W. McManus, James J. Astuno Jr., Jennifer J. Griffin, and Scott P. Leimgruber. Bhatt practices general business and commercial transactions, and litigation, as well as in areas of construction law JENNIFER J. GRIFFIN including federal contractor disputes, procurement protests, and contract negotiation. McManus practices construction law, business and commercial litigation, real estate, and government and regulatory law. Astuno Jr. practices in the areas of business/commercial litigation and construction law. Griffin practices construction law, business and commercial litigation, and government and regulatory SCOTT P. LEIMGRUBER law. Leimgruber practices construction law, including claims, course-of-performance strategy, contract requirements, and constructionrelated transactions. Johnson Fistel is pleased to announce
the addition of attorney Chase Stern to the firm’s San Diego office. Mr. Stern focuses his practice on complex business litigation representing both plaintiffs and defendants. Prior to joining Johnson Fistel, Mr. Stern worked at a boutique civil litigation firm in San Diego where his practice CHASE STERN focused on complex business and class action litigation, business tort and contract matters, insurance bad faith disputes, and employment matters. Mr. Stern successfully secured multi-million-dollar settlements from some of the nation’s largest healthcare providers for their intentional concealment of the risks of injury associated with use of medical rehabilitation devices and services as well as from California employers for their systematic underpayment of employee wages.
McLaughlin Legal announces the
Jose C. Rojo, founder of the
Seltzer Caplan McMahon Vitek has announced that Jason
Heather L. Rosing has
addition of Mauro Colabianchi to the team. He will handle all facets of Federal and California tax law for the firm’s clients, with particular emphasis in McLaughlin Legal’s Tax Litigation and Controversy area. Before joining McLaughlin Legal, Colabianchi worked five years as an associate attorney with another boutique litigation MAURO COLABIANCHI firm. His practice as a tax attorney involves representing individuals and businesses before the Internal Revenue Service, Franchise Tax Board, Employment Development Department, California Department of Tax and Fee Administration and others. Colabianchi received both his LL.M (Master of Laws) and Juris Doctor degrees from the University of San Diego. The California Bar Association admitted him in 2012. Faas, Rebecca Van Loon and Parisa Weiss have been elected as shareholders of the firm. Faas’ practice emphasizes taxation, business law, real estate and estate planning. Faas received his J.D., cum laude, from Chapman University, his LL.M in Taxation from New York University and his B.S. in Accounting from Brigham Young University. Van Loon practices in the areas of estate planning, trust and probate administration and taxation law. She is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization. Weiss’ practice includes estate planning and probate and trust administration, as well as representing clients in trust, estate and fiduciary litigation. She has twice been named Best of the Bar by the San Diego Business Journal and was selected as a Top Attorney by the San Diego Daily Transcript in 2014.
JASON FAAS
REBECCA VAN LOON
PARISA WEISS
Law Offices of Jose C. Rojo, is celebrating his twentieth anniversary practicing law. “It has been, and continues to be, an enjoyable journey full of rewarding experiences helping the underdog and those in need of competent JOSE C. ROJO representation,” said Rojo, who represents clients in San Diego County, Los Angeles County, Riverside County and Imperial County. Rojo focuses on criminal defense and civil litigation. He has litigated cases from before filing to verdict and through appeals in many courts of appeal and in the U.S. Supreme Court. recently been elected to serve as the first President of the California Lawyers Association (CLA). As the nation’s second-largest professional association for attorneys, CLA is the new home of the Sections of the HEATHER L. ROSING State Bar of California, as well as the California Young Lawyers Association (CYLA), effective as of January 1, 2018. In October of 2017, Governor Jerry Brown signed SB 36 into law, effectively separating some of the professional promotion activities of the State Bar of California into CLA, a private non-profit entity. The organization’s mission is to promote professional advancement of attorneys practicing in California. Ms. Rosing is Chief Financial Officer and Shareholder of Klinedinst PC. She currently serves as the President of the California Bar Foundation, California’s largest scholarship resource for diverse law students, and is highly active in the legal community. Having served as Vice President of the State Bar of California, she provides a unique perspective in the makeup of the state’s legal community.
Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us
Attorney Journal San Diego | Volume 176, 2018
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Attorney Journal San Diego | Volume 176, 2018
MICHAEL E. CINDRICH
TOP CANNABIS ATTORNEY IN CALIFORNIA Fierce Litigator and Top Cannabis Attorney in California Dozens of Cases Dismissed by Prosecutors and Judges “Not Guilty” Verdicts on Several High-profile Cases
Experienced in all cannabis-related legal work including: Criminal Defense • Sale of Marijuana • Possession of Marijuana With Intent to Sell • Cultivation of Marijuana • Manufacturing Concentrated Cannabis • Transportation of Marijuana • Public Nuisance Offenses • DUI Marijuana • Probation Modifications • Return of Marijuana and Other Property Regulatory/Administrative • State and Local Licensing • Legal Compliance • Standard Operating Procedures • Business Development • Municipal Code Violations • Local Government Litigation • Initiatives and Referendums
Michael E. Cindrich Law Offices of Michael E. Cindrich APC
225 Broadway, Suite 1900 San Diego, CA 92101 Office: (619) 262-2500 www.michaelcindrich.com
PASSION & SMALL-TOWN VALUES LEAD TO
SUCCESS in the courtroom
T
he path for most successful San Diego attorneys starts at an early age. For Patrick Griffin, it began while being raised with his three siblings in the small town of Ennis, Montana, by a mother who he describes as a “smart as they come, Montana Cowgirl with a big personality” and a father who is a “competitive hockey player from Detroit, very pragmatic and reserved.” Exactly how small of a town is Ennis, Montana, you may be thinking? Answer, VERY, with a population of only 900, a graduating high school class of only 35 students, no stoplights, no fast food restaurants, and with the nearest movie theater an hour’s drive away. “Growing up in rural Montana was great and it wired me different, which has proven to be very helpful to me as an attorney over the years. It taught me the importance of hard work, integrity and reputation. Growing up in a small town everybody knows everything! Even the high school teachers I had knew everything about me before I started their class,” says Griffin. This small-town environment is also where Patrick developed his deep competitive nature and a drive to succeed through sports. He was an all-state athlete in basketball, football, and track in high school and ran track while attending the University of Montana. Being competitive is also what gave Patrick the drive and fortitude to eventually leave small-town living and make his way to San Diego. “Not many people ever get out of Ennis, Montana, let alone find a career they love in the best city in America. Everyone knows everyone where I am from, so any missteps or successes are magnified, which is very similar to our legal community,” explains Patrick. Being competitive is also what led Patrick to become an attorney. “Early in my career, I quickly learned that becoming a 16
Attorney Journal San Diego | Volume 176, 2018
trial attorney would be a great way to get that same competitive rush that sports gave me while growing up in Montana. There’s also a rush that comes from being in front of a jury. It’s a surreal experience being able to get up there and duke it out mentally with a prosecutor and a judge. I love it,” explains Patrick. To put himself in the best position to “hit the ground running,” he attended Stetson University College of Law in Florida, which US News & World Report ranks as the #1 trial advocacy school in the country. While attending, he was also part of a trial team that won three national championship tournaments and dozens of regional tournaments. “This very specific legal training allowed me to eliminate much of the learning curve that most attorneys go through in their first few years in practice,” explains Patrick. When asked why he chose criminal defense as his area of expertise, he explains, “I was always laser focused on being a trial attorney. It wasn’t until my first job in law school for a criminal defense firm that I realized that criminal defense was my calling. For some reason drafting contracts didn’t light my fire… it’s different when someone’s life and liberty are on the line. It raises the stakes and drives me to always perform and compete at my best like nothing else ever has.” He also credits much of the valuable experience in criminal defense he obtained in his early years with working for a prominent law firm while attending law school. At this firm he was given the opportunity to work on some very high-level criminal defense cases, many of which were federal cases, which had him writing appeals. “We won the first appeal I wrote, and I could see the angles of how things worked and that gave me the confidence that I could actually do this. A huge amount was put on my plate and the first one worked out. It was a completely
ATTORNEY
OF THE MONTH
© Bauman Photographers
2018
© Bauman Photographers
Associate Madelynn Woodhall and Patrick Griffin
different ball game for me after that,” explains Griffin. When asked what type of client is best for his work style, Patrick explains it’s the client who is looking for more of a personal connection with their attorney. “We are not a big flashy firm. Our niche is to combine courtroom skills, work ethic, integrity and passion for advocacy using a small-town mindset and let our work do most of the talking for us,” says Griffin.
PASSION FOR ADVOCACY LEADS TO A HAPPY BIRTHDAY
This passion for advocacy was needed when Griffin was managing his own firm and was contacted by a young woman living in Washington state. She was on active duty in the Army and in an absolute panic because she had been notified by her command that she had a warrant for arrest in San Diego and the Army was going to separate her. She had a six-month-old daughter and very limited resources. Griffin made an appearance for her and took care of her warrant for no charge. He realized quickly that she was completely innocent. He also realized that even though the woman was innocent, the District Attorney was never going to back down. She was charged with felony battery and inflicting great bodily injury. A conviction would have resulted in a strike, prison time, immediate dishonorable discharge from the Army, financial ruin, and a court order keeping her away
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Attorney Journal San Diego | Volume 176, 2018
from her new step son. The 2017 case resulted from an incident when his client and her fiancé dropped her fiancé’s son off at his ex-wife’s house. His client had never met the ex-wife before. While they were dropping the child off, the ex-wife shoved and pulled his client’s hair and during the struggle her engagement ring caused a gruesome injury to the ex-wife’s eye. Griffin says, “I left no stone unturned and invested more time in prepping for the case than I usually do just to make sure there wasn’t a shred of doubt that she would be acquitted. I did the trial portion without being paid because I just couldn’t let her take a deal that would have ended her military career and probably have also ruined her life. I just couldn’t let it happen. The cross examination of the alleged victim was a bloodbath.” The jury deliberated for about an hour before returning the not guilty verdict to all charges. “The day the not guilty verdict was read was my client’s daughter’s first birthday, which made the outcome even more rewarding,” Griffin says.
PERSPECTIVE AND EMPATHY FIRST
One of Griffin’s most challenging cases was a recent firstdegree murder case in which his client faced a sentence of 50 years to life—a perfect example of a case where the defense
attorney’s role isn’t just to “get the client off.” The question of what happened was crystal clear because of video evidence and multiple statements by his client. But not all cases are black and white, and this one certainly wasn’t. The question of what happened was settled, leaving only the why of what happened to build a case on. The case was extremely tragic, forcing Griffin to see the world through the distorted reality of his client to truly understand why the shooting happened. Griffin says that often criminal defense attorneys are facing a steep uphill climb and there is no such thing as a motion for new facts. “This was a case that looked hopeless on the surface, but I was able to find an answer to the why that ended up being the difference in my client having a life outside of prison and dying in prison. The case helped give me a different perspective of my role as an advocate and taught me a lot about empathy.”
AN AWESOME RESPONSIBILITY
Griffin says he takes pride in taking on the awesome responsibility of being the person tasked with stopping the
government from destroying someone’s life. A commitment that deep requires passion and empathy, he says. “To be a trial lawyer, and a criminal defense trial lawyer specifically, you have to be wired a certain way. I often see former prosecutors switching to the defense side and that always makes me scratch my head. I could never imagine being a prosecutor. That is no slight to prosecutors, but the deck is so stacked against criminal defendants, it takes a certain mindset to go to battle against the government and its unlimited resources. I truly think I have the coolest job on the planet. I get excited to spend a weekend prepping for a jury trial. I get excited to come up with creative ways to tell a story. I think it’s obvious that I enjoy doing what I do, and the clients take notice.” An equal amount of empathy is also a requirement, he says. “Criminal defense is unique in that often our clients do terrible things. I think to do this job and do it well you have to be able to put yourself in your client’s shoes. Nobody should be judged only by their best day and nobody should be judged only by their worst day. A person’s life experiences guide their decisions and I need to be able to understand where my clients are coming from to properly advocate for them.”
Patrick’s hometown of beautiful Ennis, Montana.
Attorney Journal San Diego | Volume 176, 2018
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Contact Patrick Griffin Griffin Law Office, APC 402 West Broadway, Suite 1925 San Diego, CA 92101 GriffinLawOffice.com (619) 269-2131
© Bauman Photographers
Griffin’s management style is to be reasonable, accessible, casual and to have the ability to examine both sides of any situation. “I’m not a cracking the whip in your face type of guy. I try to set an example. As long as I lead by example, I think it’s easier for my staff to follow suit.” He says he is lucky because the people he hires have an interest in the firm’s practice areas. He notes that in the past he has had people who came in and just “punched the clock,” but that his team today is a group committed to the firm’s goals. “Criminal defense gives you that kind of benefit because it’s so much more interesting,” he says. “I don’t have to delegate a lot. My clients will only talk to my support staff for housekeeping stuff, exchanging documents and so on, so there really isn’t much of a conflict. The time crunch can be a challenge. It’s not like an associate at a big firm where all they have to do is focus on being a lawyer, whereas I have to also focus on getting clients in the door and building the practice. They don’t conflict.” One of Griffin’s primary goals is to eliminate the typical attorney/client barriers. He focuses on getting to know his clients on a personal level, so they feel comfortable with and treat him more like someone they are just enjoying a conversation with. Two important principles guide his actions: first is to never oversell. “I don’t ever promise anything I can’t deliver. I am sure I have lost quite a few potential clients to attorneys who promise the world, but I think that is counterproductive in the long run. Trust is the most important thing you can have with a client and if you start the relationship off by overstating something it will be hard to ever regain credibility,” he says. The second is to actually care about each client. “It sounds simple, but it’s important to make sure they know you care deeply about the outcome, not just the retainer. I try and convey that I am invested in the outcome.” One of the joys and strategies for success in his career choice is the opportunity for continued learning, Griffin says. “It’s never over. There’s just no possible way to ever know it all—not even close. It’s important to constantly be searching and learning new and creative ways to advocate for your clients. There’s always something else to pick up on and hone your craft with.” n
EXPERIENCE
LEADING BY EXAMPLE AND MANAGING EXPECTATIONS
» EDUCATION
• Bachelor of Arts in Psychology, The University of Montana • Bachelor of Arts in Sociology, The University of Montana • Juris Doctor, with Honors, Stetson University College of Law
» AWARDS & REVIEWS
• Facebook – Excellent 5 Star, 35 Ratings, April 2018 • Yelp Reviewed – Excellent 5 Star, 44 Ratings, April 2018 • AVVO Rating – Excellent 5 Star, 9 Reviews, April 2018 • Locale Magazine - Top Law Firm in San Diego 2018 • The National Trial Lawyers: Top 100 Trial Lawyers • American Institute of DUI/DWI Attorneys: 10 Best
» PROFESSIONAL MEMBERSHIPS • Appellate Defenders Inc.
• San Diego Criminal Defense Bar Association • National Association of Criminal Defense Lawyers • California Attorneys for Criminal Justice • San Diego County Bar Association • American Bar Association • Consumer Attorneys of San Diego • California DUI Lawyers Association
» BAR MEMBERSHIPS • California
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Attorney Journal San Diego | Volume 176, 2018
• United States District Court, Southern District of California
17 WAYS TO ADD VALUE TO YOUR CLIENT RELATIONSHIPS By Eric Dewey
Legal marketers talk a lot about value. We talk about providing value, being of value, and adding value. It’s a solid concept. A correct concept. A simple concept. Value is anything you do that makes your client’s life happier, easier, better informed or more profitable. But few firms have a thoughtful, repeatable process that they use to build loyalty and reliance on their client relationships. If your competitive advantage is built on providing value (and whose isn’t?), here are 17 strategies to integrate into your client relationship management process.
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Attorney Journal San Diego | Volume 176, 2018
1.
SECONDMENTS AND REVERSE SECONDMENTS
2.
TRAINING AND INSTRUCTIONAL GUIDES
Business and legal departments often find themselves faced with a temporary shortage of help. Law firms can often provide exceptional value to their clients (and themselves) by placing staff or attorneys in the client’s business on a temporary basis. Secondments are the temporary assignment of staff or lawyers to work in a client’s business. Reverse secondments are similar but place the client’s executives at the law firm. Both strategies provide an exceptional experience for the individuals being placed. The practice adds ongoing value because the placed executive learns new systems, processes, understands the culture and business imperatives better and often expands the relationship within the firm.
Law firms that provide ongoing CLE, training programs and instructional guides provide value by shifting the task of providing this from the client to the law firm. The training can be done by webinar, onsite at the client’s offices or in written form. Some firms provide training videos on a client extranet ensuring the client gets the exclusive benefit
of the custom-designed training program. Consider adding mechanisms to report attendance, viewing time or other metrics to help the client manage the training of their employees.
3.
COMPETITIVE INTELLIGENCE
Law firms often have access to resources and information that their clients do not. Additionally, law firms can draw on the experience of their lawyers gained through years of working with similar, even competitor, companies. Identify the key competitors of your client and do research on them to understand their strategic direction and their competitive advantages. Monitor the media for updates about the competitors and provide regular updates to your clients on their activities, legal issues and changes in financial position.
4.
ANALYSIS AND RESEARCH
Custom analysis or research can provide significant and unique value to a client. One firm I worked with undertook an analysis of all the wage and hour decisions in all the courts in the client’s footprint along with an analysis of the judge’s historical decisions. This gave the client an exceptional tool to evaluate each jurisdiction and make better venue decisions. Research can also set the firm up as an authority on a topic. Certain aspects of a study may be made available to the public while the more significant findings are kept for the exclusive benefit of the firm’s best clients.
5.
PROCESS IMPROVEMENT AND MANAGEMENT
6.
PLANS AND PLANNING SESSIONS
There’s no question that clients are focused on gaining efficiencies in every aspect of their business. This is no less the case in their management of litigation and the handling of their legal issues. Checklists, guides and tracking systems can help improve the effectiveness of a department and the efficiency of the work.
A thoughtful plan provides exceptional value. Plans demonstrate to clients a commitment to accomplish the client’s goals in a timely and predictable manner. Many law firms and lawyers meet annually or quarterly to look at the upcoming year or quarter and help clients plan for the anticipated work. Plans come in many varieties and can be done for training, legal work, expenses, and many other purposes.
7.
TRANSPARENCY AND ACCESSIBILITY
8.
RECRUITING AND ON-BOARDING
9.
ISSUES SPOTTING
The trusted relationship a law firm has with its client takes time to develop. Evidence that a trusted relationship has developed can be found in the ways the law firm has made their services transparent to the client or given the client extraordinary access to the firm. This could be in the form of access to the firm’s software or technology, access to staff or transparency in billing, processes used or research undertaken.
Finding the right fit for a position can be a challenge. In the legal area, outside counsel can be particularly helpful by finding and introducing potential candidates, assisting in writing job descriptions, vetting candidates, assisting in orientations or on-boarding of the new hire.
Businesses are constantly on the lookout for issues that could present challenges or opportunities for the business. Issue spotting is the process of monitoring industry news and trends to identify emerging issues and opportunities that could affect a client’s business.
10.
TECHNOLOGY AND SOFTWARE TOOLS
There is an endless number of ways in which technology can be used to add value for a client. Some firms set up extranets and house war rooms on them to store the documents, giving easy access to the matter records.
11.
CONNECTIONS AND INTRODUCTIONS
Your connections can be a resource to your clients. Faced with challenges and opportunities, the people you know can help your clients achieve their objectives. Make sure you know all of the people that you know and your partners know and proactively make introductions to your clients. Enabling your clients to expand their network of connections and tap new resources adds significant value to the relationship.
12.
PRODUCTS AND PROMOTION
Businesses are always on the lookout for ways to market their company. You could be an avenue for them that they hadn’t considered. Whether it is using your client’s products or services, developing a co-promotion or simply promoting your client’s business, aligning their sales and marketing goals with your own can be a win-win situation for both of you.
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13.
DEVELOP INSIGHTS
Sure. You should get paid for your legal insights. But some insights can be given in order to add value to the client relationship. Once you know the issues your client is most concerned with, you can develop insights into the issue, helping your clients to get a better view of what the future holds for them.
14.
INVESTIGATIVE SERVICES
Law firms are well positioned to provide a host of investigative services for their clients, from screening job applicants, merger candidates or even competitors’ activities.
15.
ANONYMITY
Sometimes companies need a way to interact in the marketplace without their competitors or customers knowing who is behind the request or inquiry. Law firms are uniquely positioned to provide a wall to shield the company’s name. Whether it is receiving resumes for top executives, conducting research or requesting public records, law firms can provide the anonymity that clients need to accomplish their goals.
16.
CONTENT CURATION
Who can read everything they need to read on every subject that they need to monitor? No one. So curating content on topics of high interest to your clients is a way to make their jobs easier and their loyalty to you more secure. Collect articles and news reports on a client’s top interests, their competitors, suppliers and vendors, and other information that they don’t have time to collect for themselves. Boil the information down to the most salient points and deliver an executive summary of the information.
17.
SUPPORT COMMUNITY INITIATIVES
Your business clients have charitable and community causes that they feel strongly about. Align a portion of your community involvement and charitable giving to ensure your client’s community objective are also fulfilled. Clients appreciate the thoughtfulness and effort when you add real value to the relationship. That effort will not only build loyalty, but it can integrate you into their business. n Eric Dewey, MBA is principal of Group Dewey Consulting and has more than 25 years training and coaching hundreds of lawyers and other professionals in practice and business development. He is the former chief marketing officer of several large law firms and has extensive experience in financial services, commercial real estate and management consulting. His clients range from the nation’s largest law firms to midsize law firms, specialty boutique firms, and solo practitioners.
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Attorney Journal San Diego | Volume 176, 2018
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4 Client Intake Best Practices For Law Firms by Aaron George
A
t many law firms, client intake is a disjointed process of back and forth calls and emails, and manual paperwork. The process can be arduous for both clients and staff. Worst of all, poor organization can expose law firms to liability when mistakes are made and result in lost business when things slip through the cracks. The better job you do at managing your intake process, the more efficiently your law firm will operate, and the more business you will close. Read on for our list of four client intake best practices to help get your law firm on track for success.
Use your website as a marketing tool, not an intake tool
Your website is a major part of your law firm brand. It’s like an online storefront where your potential clients can browse around, learn more about your services, and contact you if they’re interested. Having a website for your law firm is mandatory these days. But, a lot of attorneys make the mistake of trying to use their website for client intake, when it’s really meant for marketing. Sure, it seems like a great idea to have a comprehensive intake form on your website that will just collect all the information you need to assess a legal matter without you ever having to talk to anyone. But in reality, doing it this way just creates a barrier between you and a client who is interested in your services. Why is using your website for intake a problem? Purchasing legal services is a big decision, and it requires a lot of trust. Before you have established this trust, expecting someone to fill out a comprehensive intake form and provide their sensitive information is probably asking too much. The primary goal of web marketing is twofold: 1. Generate interest in your services 2. Create an easy transition to the next step of the sales process For most law firms, the next step in the sales process is an initial phone call or a consultation, which provides a perfect opportunity to build enough trust to seal the deal. You should make the process 26
Attorney Journal San Diego | Volume 176, 2018
of getting to this step as easy as possible on your prospective clients. Here are three tips in mind to maximize conversions on your website and make the transition to the next step of the sales cycle as seamless as possible: 1. Display your phone number prominently on every page and encourage people to call 2. Use a virtual receptionist service so someone is always available to pick up the phone 3. For people who wish to inquire online, include a simple contact form on every page with just basic fields: name, phone, email, and message Treat your website like a marketing tool, and save client intake for later in the funnel, once you’ve had an opportunity to build rapport and establish trust.
Automate follow-ups with drip emails One of the biggest mistakes law firms make during the intake process is failing to follow up enough. Just because someone didn’t book an appointment right away or didn’t sign their retainer yet does not mean they are a lost cause. But if you never check in and follow up with them, they will be far less likely to move forward. In sales, persistence pays. Law firms are no different. The more you check in and follow up with potential clients, the more they will trust you and the more likely they will be to hire you. It’s that simple. How to follow up automatically with drip emails The biggest challenge with following up is simply having a good system in place to manage all the potential clients and keep track of the communications. Without a system, it’s virtually impossible to know who to follow up with and when. Fortunately, you can automate much of the process by using drip marketing. Drip marketing is basically just a process for sending an automated sequence of emails at predefined time intervals. It eliminates the hassle of having to remember to follow up and saves time because you don’t have to manually type out and send emails to each person. Everything just runs in the background.
For example, Lexicata has an email campaign feature which allows you to initiate a drip email sequence with a single click. Not only that, but we also offer the ability to trigger automated reminder emails for consultations, pending intake forms, and unsigned fee agreements. Both of these features together will ensure that you are following up with your prospects frequently during intake and not letting any business slip through the cracks due to poor organization and lack of communication.
Use online questionnaires to streamline data entry
Legal work requires collecting a lot of information, which is a big reason why having a good client intake process is so important. Many law firms utilize intake forms to help create a structured system for collecting the necessary data. This is smart because it helps prevent important information from being overlooked, which can be costly. However, there are also quite a few downsides to using paper or PDF intake forms. These things may impede your workflow, result in inefficiencies, or cause errors in your data. Here are a few of the biggest issues and challenges that can arise: • Data collected in the forms has to be re-typed into a database or case management system later, which wastes a lot of time and can result in data transcription errors • Illegible handwriting can cause errors or confusion • There is no ability to require important fields to be filled out • There is no ability to validate the formatting of information (e.g. you can’t guarantee that an email address or date will be in the proper format) • Paper and ink costs can be high from having to print out every single form • Scanning and uploading paper forms into a document management system takes up a lot of valuable time How online questionnaires streamline the process Fortunately, using online questionnaires makes the process of collecting and entering data much easier for both law firms and their clients. Here are some of the key advantages that online forms can provide over paper or PDFs: • No duplicate data entry – the fields on the form can be mapped directly to a database or contact management system • No printing, scanning, faxing, etc. – forms can be filled out online, even from a mobile device • Organized, clean data – no issues with poor handwriting, plus you can have required fields for the most important info and validate the formatting of your inputs • Data in a usable format – the data can be mapped to fields and inserted into documents automatically or exported into a spreadsheet for reporting purposes
Offer e-signatures to speed up retention times and improve conversion rates
These days, most legal work is done remotely. Less and less time is spent interfacing with clients in person. Instead, law firms rely heavily on email, scanning, and faxing to send documents back and forth with their clients. But these processes can be quite cumbersome and inefficient for both parties. Downloading, printing, signing, scanning, uploading, and emailing is a lot of steps just to sign a fee agreement. Yet, you can’t legally establish an attorney client relationship without one, so it’s a critical step. This is why getting a fee agreement signed can be one of the biggest bottlenecks in the intake process. How e-signatures will save time and boost conversion rates Compared to the cumbersome back-and-forth process for signing paper documents, e-signing is a breeze. You can simply click a link in an email and draw or type in a digital signature in a matter of seconds. The document can be sent back to the other party with a click of a button, and everyone automatically receives an executed copy of the agreement once it has been signed by all parties. No one has to deal with downloading, uploading, printing, faxing, or scanning, saving time and eliminating hassle. It also helps cut down on wasted paper, saves money on printing costs, and makes life immensely easier for everyone. Most importantly, the amount of time required to get an agreement signed will be reduced significantly. This helps increase your conversion rate and saves you from the hassle of having to continually follow up about pending agreements. Although it’s often overlooked, the client intake process is one of the most important parts of a law firm’s operations. Client intake is how you convert a prospect into a paying client, and how you capture all of the important information you need in order to do your job. A poor process can result in wasted time, costly mistakes, and lost business. Essentially, client intake is really just the legal sales process, and by improving your client intake process you can increase the efficiency and profitability of your practice. If you’re looking to grow your law practice, these four client intake best practices are the best place to start. n Aaron George is a technology entrepreneur with a background in law, having attended Loyola Law School in Los Angeles. Currently he is cofounder and President at Lexicata, the legal industry’s leading CRM and client intake software. At Lexicata he focuses on product design, content marketing, and business operations. Connect with him on LinkedIn: linkedin.com/in/aaronwgeorge
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A Strategic Approach To Legal Business Development by Jeffrey Jacobs
M
any of us treat legal business development the same way we do bathing suit season—we work hard at it when we need to. When spring break approaches we hit the gym, and when October rolls around we start raiding our kids’ Halloween candy. When we’re slow at work, we ramp up our business development efforts, and tamp things down when business picks up. Legal business development becomes a rollercoaster: a cycle of ups and downs that creates stress and uncertainty. There’s a better way to approach legal business development, and it involves consistency of effort over the long-term. If you’re consistent with business development as a lawyer, you’ll have a steady pipeline of new business opportunities. You can be more discerning about the work you take on. You won’t feel pressured to take on clients that don’t fit your practice. You won’t have to ignore your gut instinct that an engagement could lead to trouble because you need the revenue. You’ll have more success at the work you do pitch because you’ll come across as confident and measured, rather than desperate. Sounds good, right? Here’s how to do it.
Understand What You Need, So You Can Understand What You Need to Do The problem with a sporadic approach to business development is that lawyers often overreact and overcorrect when times get slow. They engage in a bluster of business development activity that brings in work—often more work than they can handle. So, they stop all business development activity to focus on the work they have. Then...you guessed it. The cycle repeats. A lawyer who finds himself riding this up and down cycle typically lacks an understanding of what sustained level of business development activity is required to keep his plate full, and the plates of others full, as appropriate, on a consistent basis. Here’s what he should do instead: 1. Start by understanding his ideal client. It’s far easier to sell if you know who you’re selling to.
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2. Then define his sales process. What is his buyer’s journey? What process is required to move a prospect to a paying client? If he meets a prospect at a networking event, what’s next? Is there a free initial consultation, followed up by a proposal? 3. Once he’s defined his process, he must understand conversion. In other words, how many prospects take him up on his offer for a free consultation? Of those who participate in a free consultation, how many request a proposal? Of those who request a proposal, how many are converted into clients? Sure, every client’s journey is different, but if you pay attention to conversion, patterns will emerge. And when it comes to crafting a sustained business development strategy over time, it’s important to map your actions to the best data available. Otherwise you’ll just flail about. 4. Now that he has some data (even if it’s not perfect—and in this process we’re shooting for “better” not “perfect,” at least at the start), he can dig into it. Let’s say that once he’s analyzed the data, he finds that 50% of the prospects he meets agree to initial consultations, 40% of those he meets request a proposal, and 20% of those who request a proposal become paying clients. That means that, for every 100 prospects he meets, 4 become paying clients. He should then analyze how many new clients come in via other means each year, such as by referral or directly through his firm’s website. 5. Once he has this data at his disposal, he must determine another metric, which is the value of each client. How much money, on average, will each new client spend? For the sake of keeping the math easy (I’m a JD not an MBA!), let’s say each new client accounts for $5,000 in revenue. 6. Finally, he must determine the amount of revenue he wants (or needs) to generate from new business. To keep the easymath theme going, let’s assume that number is $250,000. Once a lawyer has done this diligence, he can work backwards and craft a legal business development action plan that will get him to his goal. In this case, we’ll use the following assumptions: • New Business Revenue Goal: $250,000 • Number of referral and direct new clients annually: 25
• Revenue from referral and direct new clients annually: $125,000 This means that there is a $125,000 gap that the lawyer needs to fill through new business development to get to his goal. He needs 25 new clients to reach his objective. As we know from the data above, only 4 out of 100 prospects become paying clients. Accordingly, he needs to meet 625 prospects to convert 25 into new clients. Assuming he works 50 weeks out of the year, he needs to meet 12.5 new people, on average, per week. That breaks down further to meeting 2.5 new prospects, on average, per day. Armed with this understanding, the lawyer can then put in place a daily practice to get himself, and his personal brand, in front of the right amount of people so that he can meet his goal. Instead of haphazardly reaching out to large numbers of people at sporadic points in time, he can strategically touch base with small numbers of people daily. He knows the numbers, so now he can create a plan. And if he’s smart, he’ll take a few simple steps to compound his success. He’ll take a hard look at his sales process and make incremental changes that lead to big improvements, and better conversion, over time. He’ll create valuable content and distribute it via social media—he can’t be in more than one place at the same time, but his content can scale. Instead
of focusing only on developing new business, he’ll look for opportunities to increase revenue from existing clients. Legal business development is a numbers game. You need to be out there, active, and engaged. You can’t just pop up periodically on someone’s radar screen and expect them to engage with you when they haven’t heard from you in six months. It’s the steady consistency, not the episodic intensity, of legal business development effort that matters. As author and marketing expert Seth Godin once said, “The thing is, incremental daily progress (negative or positive) is what actually causes transformation. A figurative drip, drip, drip. Showing up, every single day, gaining in strength, organizing for the long haul, building connection, laying track — this subtle but difficult work is how culture changes.” It’s how legal practices change, too. Want to eliminate the topsy turvy uncertainty of legal business development? Adopt a more strategic approach. n Jay Harrington is an attorney, executive coach, author, and legal marketing consultant. He is the owner of Harrington Communications, an agency which helps lawyers and law firms build stronger brands and bigger books of business. His new book, The Essential Associate: Step Up, Stand Out, and Rise to the Top as a Young Lawyer, launched on April 3rd, and is available for purchase at TheEssentialAssociate.com.
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