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		<title>Does Your Marketing Consultant Have Skin In the Game?</title>
		<link>http://myshingle.com/2012/01/articles/marketing-making-money/does-your-marketing-consultant-have-skin-in-the-game/</link>
		<comments>http://myshingle.com/2012/01/articles/marketing-making-money/does-your-marketing-consultant-have-skin-in-the-game/#comments</comments>
		<pubDate>Thu, 19 Jan 2012 16:17:46 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>

		<guid isPermaLink="false">http://myshingle.com/?p=5870</guid>
		<description><![CDATA[Accountability is today&#8217;s latest buzzword, a commodity in high demand in the legal community. Whether it&#8217;s large firm clients exploring alternative billing that would create a nexus between price and value, or exploring ways to make legal education more useful or simply making legal fees more transparent for consumers, both law students and clients want [...]
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<li><a href='http://myshingle.com/2008/11/articles/marketing-making-money/law-marketing-in-a-time-of-less-than-plenty-now-up-at-nolo/' rel='bookmark' title='Law Marketing in a Time of Less Than Plenty Now Up At Nolo'>Law Marketing in a Time of Less Than Plenty Now Up At Nolo</a></li>
<li><a href='http://myshingle.com/2005/04/articles/client-relations/firms-are-starting-client-surveys/' rel='bookmark' title='Firms Are Starting Client Surveys'>Firms Are Starting Client Surveys</a></li>
</ol>]]></description>
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<p>Accountability is today&#8217;s latest buzzword, a commodity in high demand in the legal community. Whether it&#8217;s large firm clients exploring alternative billing that would create a nexus between price and value, or <a href="http://www.nytimes.com/roomfordebate/2011/07/21/the-case-against-law-school/bring-back-apprenticeships-in-legal-education">exploring ways to make legal education more useful</a> or simply making <a href="http://attorneyfee.com/">legal fees</a> more transparent for consumers, both law students and clients want to make sure that they&#8217;re getting their money&#8217;s worth.</p>
<p>And not a moment too soon. For too long, both law schools and lawyers alike have avoided accountability for high rates, shrugging off any questions about value with a smug remark like &#8220;that&#8217;s how much it costs,&#8221; rather than tying performance to fees, or at least explaining to clients what they&#8217;re getting in return for dollars paid for legal services.</p>
<p>Yet, there&#8217;s one sector of the legal community that hasn&#8217;t taken the accountability hit: legal marketers and consultants. At a time when law schools are roundly (and deservedly) criticized for the <a href="http://www.huffingtonpost.com/oliver-r-goodenough/teaching-real-law-for-the_b_1214463.html">impact of high tuition on the price of legal services and access to law</a>, few have taken aim at the providers of high priced marketing schemes like <a href="http://www.findlaw.com">Findlaw</a> (with unconscionably priced websites and a Hotel California-like contract that you can never leave), <a href="http://www.legalmatch.com">Legal Match</a> (again, high prices and questionable returns according to feedback on the Solosez list) and dozens of others (post &#8216;em in the comments) &#8212; pricing experts, marketing consultants, coaches, and many others that bilk desperate lawyers of thousands of dollars without delivering the goods.</p>
<p>Most consultants and coaches shift the responsibility, explaining that their results are only as good as the clients&#8217; effort. And while that&#8217;s true to a degree, presumably a skilled coach or consultant will figure out ways to motivate a client to act &#8211; or be honest enough to tell them that the relationship isn&#8217;t working and end the relationship. Likewise, a reputable SEO company should probably take a look at your website and make sure that it has sufficient <a href="http://www.legalmarketingblawg.com/2010/06/make-your-website-more-invitin.html">curb appeal</a> to motivate potential clients to call, instead of simply taking a check for $1000 a month to send visitors to a site that is so ugly and unprofessional that visitors will flee once they&#8217;ve arrived.  Some companies don&#8217;t even bother to offer constructive suggestions or tailor their services for lawyers, and instead promote products and services that are  <a href="http://blog.bennettandbennett.com/2010/11/yodles-stellar-record.html">deceptive and unethical  </a>or <a href="http://blog.simplejustice.us/2010/11/04/22500-tears.aspx">lacking transparency</a>.  Finally, there&#8217;s the bottom rung comprised of those providers who commit <a href="http://www.shearsocialmedia.com/2011/12/better-business-burea-takes-firm-stand.html">social media credential fraud</a> or simply <a href="http://mylawlicense.blogspot.com/"> lie </a>.<span id="more-5870"></span></p>
<p>Unfortunately, many lawyers who have been duped by unscrupulous providers are too embarrassed to say anything publicly. And lots of these companies keep a tight leash on testimonials, carefully cultivating rave (and often, reciprocal) reviews from affiliate providers without disclosing the relationship. Of course, for all of the over-priced, high-end, take-no-responsibility consultants, there are others who price reasonably and care about the success, sanity and integrity of their clients. Yet, because they&#8217;re honest about they can deliver, their marketing pitch doesn&#8217;t appeal as much as one that promises clients out of thin air or a seven figure practice overnight.</p>
<p>Ultimately, what&#8217;s worst about these high costs of consulting and SEO and internet marketing is that at the end of the day, it&#8217;s our clients who bear the costs. Just as many argue that the high price of law school is driving up the cost of legal services, so too, the added cost of SEO and marketing forces lawyers to charge more as well. Meanwhile, those lawyers who can&#8217;t afford to pay for these marketing and coaching services and have been lead to believe that there aren&#8217;t any alternatives (of course, there are many), either pay for something they can&#8217;t afford and go out of business &#8212; or do nothing but wait for the phone to ring and wind up going out of business.</p>
<p>I&#8217;m not suggesting that marketers and consultants and vendors aren&#8217;t entitled to make any money off their expertise. But if they choose to target lawyers and do business in the legal industry industry, don&#8217;t they have an obligation to take into account the impact of the costs of their services on access to law?  We lawyers have an obligation to ensure access to law &#8211; and while we&#8217;re certainly not required to lower our rates or limit our profits, our professional rules encourage activities such as pro bono or providing mentorship and training to young lawyers.  Many lawyers fulfill these obligations at some point in their career, giving back to a profession that has enabled them to do well.  But you don&#8217;t see many consultants and marketers and vendors working for free or giving back to the profession, unless it&#8217;s to offer a free webinar to build up a spam list.</p>
<p>The bottom line is that legal marketers and consultants and gurus should walk the walk. If they believe that lawyers need to improve our transparency and client service skills and accountability, then shouldn&#8217;t they do the same?  And if they are helping lawyers with their business and earning money off of that, don&#8217;t they, like lawyers, also have an obligation to give back and consider the impact of their high-priced services on overall access to law?  What do you think?</p>
<p><em> If you&#8217;ve had a bad experience with a marketer or consultant &#8211; whether they charge $3999 or $39 for the product or service, please feel free to post anonymously in the comments or drop me an email at <a href="mailto:elefant@myshingle.com">elefant@myshingle.com</a>. </em></p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2006/02/articles/marketing-making-money/lawyer-hotlines-another-marketing-tool/' rel='bookmark' title='Lawyer Hotlines &#8211; Another Marketing Tool?'>Lawyer Hotlines &#8211; Another Marketing Tool?</a></li>
<li><a href='http://myshingle.com/2008/11/articles/marketing-making-money/law-marketing-in-a-time-of-less-than-plenty-now-up-at-nolo/' rel='bookmark' title='Law Marketing in a Time of Less Than Plenty Now Up At Nolo'>Law Marketing in a Time of Less Than Plenty Now Up At Nolo</a></li>
<li><a href='http://myshingle.com/2005/04/articles/client-relations/firms-are-starting-client-surveys/' rel='bookmark' title='Firms Are Starting Client Surveys'>Firms Are Starting Client Surveys</a></li>
</ol></p>]]></content:encoded>
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		<title>End of Year Idea Exchange: A $10.77 Marketing Tip</title>
		<link>http://myshingle.com/2011/12/articles/marketing-making-money/end-of-year-idea-exchange-a-10-77-marketing-tip/</link>
		<comments>http://myshingle.com/2011/12/articles/marketing-making-money/end-of-year-idea-exchange-a-10-77-marketing-tip/#comments</comments>
		<pubDate>Thu, 22 Dec 2011 13:03:14 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[New Marketing Ideas]]></category>

		<guid isPermaLink="false">http://myshingle.com/?p=5807</guid>
		<description><![CDATA[This past year, I spent quite a bit of time in crowded hearing rooms and conference auditoriums filled with suits, ipads, smartphones and laptops &#8211; but few electrical outlets. To recharge a device, you&#8217;d have to wait for an outlet to open up. And even if that happened, there was no guarantee that the outlet [...]
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</ol>]]></description>
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<p>This past year, I spent quite a bit of time in crowded hearing rooms and conference auditoriums filled with suits, ipads, smartphones and laptops &#8211; but few electrical outlets. To recharge a device, you&#8217;d have to wait for an outlet to open up. And even if that happened, there was no guarantee that the outlet would be within the vicinity of your seat &#8212; which meant that you&#8217;d need to leave your equipment under someone&#8217;s chair to plug in and hope that no one would steal it.</p>
<p>I was somewhat annoyed that the facilities where I was spending so much time hadn&#8217;t been upgraded to add more outlets.  At the same time, as a latecomer to these sorts of events, I was equally annoyed that in within these enormous rooms full of supposedly smart people, none of these geniuses even tried to come up with a better alternative.  So after one or two plug-less experiences, I remembered my <a href="http://www.amazon.com/Belkin-F9P609-03-6OUT-Cord-plastic/dp/B002HHF1HG ">power strip </a> and <a href="http://www.amazon.com/RiteAV-ft-Power-Extension-Cord/dp/B000V1PAZS/ref=sr_1_17?s=electronics&amp;ie=UTF8&amp;qid=1324530142&amp;sr=1-17"> electric extension cord </a> that I typically bring with me on trips and decided to just keep it up in my computer bag even if I was just staying local.  Since then, whenever I find myself in a similar situation, I&#8217;ll plug int the extension cord, run the power strip to a central location and <em>voila</em> &#8211; whereas previously, only two people could huddle around the outlet, now five or six could conveniently share.</p>
<p>So what&#8217;s all of this got to do with marketing?  Plenty.  Because my power strip and extension cord allow me to make connections with my connection!  Whenever I plug in, at least one or two colleagues will gratefully thank me for sharing or alternatively, will compliment me on my preparedness.  Not only does a power strip let me stand out in an otherwise anonymous meeting room, but it also serves as an ice breaker to open up conversations. At some point when I remember to do so, I&#8217;d like to put my business card in a luggage tag and attach it to the extension cord for added visibility (I would also love to give away branded power strips, but I haven&#8217;t been able to find any). But even without this added extra, my $10.77 investment has proven itself a powerful (!) marketing tool.</p>
<p>What&#8217;s your favorite cheap marketing trick? Please share your suggestions in the comments below.</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2010/12/articles/marketing-making-money/real-solo-marketing-idea-a-pick-up-for-your-practice/' rel='bookmark' title='Real Solo Marketing Idea:  A Pick Up for Your Practice'>Real Solo Marketing Idea:  A Pick Up for Your Practice</a></li>
<li><a href='http://myshingle.com/2007/03/articles/marketing-making-money/a-cool-marketing-idea-from-sharmil-mckee-the-harpers-index/' rel='bookmark' title='A Cool Marketing Idea from Sharmil McKee: The Harpers Index'>A Cool Marketing Idea from Sharmil McKee: The Harpers Index</a></li>
<li><a href='http://myshingle.com/2006/04/articles/marketing-making-money/marketing-lessons-from-las-vegas/' rel='bookmark' title='Marketing Lessons from Las Vegas'>Marketing Lessons from Las Vegas</a></li>
</ol></p>]]></content:encoded>
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		<title>Unleash Your Inner Scholar: Why Solos Should Write A Law Review Article</title>
		<link>http://myshingle.com/2011/12/articles/marketing-making-money/unleash-your-inner-scholar-why-solos-should-write-a-law-review-article/</link>
		<comments>http://myshingle.com/2011/12/articles/marketing-making-money/unleash-your-inner-scholar-why-solos-should-write-a-law-review-article/#comments</comments>
		<pubDate>Mon, 12 Dec 2011 21:21:12 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Biglaw to Solo]]></category>
		<category><![CDATA[Growing Your Practice]]></category>
		<category><![CDATA[Legal Research and Writing]]></category>
		<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[New Marketing Ideas]]></category>

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		<description><![CDATA[Seems that ATL Editor David Lat is concealing a dirty little secret underneath his robes.  As you know, by day, David toils as a mild-mannered blogger exposing the secrets of, and dishing out biting commentary on AmLaw 100 firms.  But after hours, he busts out his secret inner scholar and transforms into a veritable Volokh, [...]
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<p>Seems that <a href="http://abovethelaw.com/author/dlat/">ATL Editor David Lat</a> is concealing a dirty little secret <a href="http://underneaththeirrobes.blogs.com/">underneath his robes</a>.  As you know, by day, David toils as a mild-mannered blogger exposing the secrets of, and dishing out biting commentary on AmLaw 100 firms.  But after hours, he busts out his secret inner scholar and transforms into a veritable <a href="http://www.volokh.com"> Volokh</a>, authoring real published scholarly articles like <a href="http://www.jthtl.org/content/articles/V9I2/JTHTLv9i2_LatShemtob.PDF">this one</a> or <a href="https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&amp;crawlid=1&amp;doctype=cite&amp;docid=78+Tenn.+L.+Rev.+859&amp;srctype=smi&amp;srcid=3B15&amp;key=9d5173161d51fd484161bd8def022357">this one</a> that have more words than readers.</p>
<p>While I have no idea what compels David Lat to dabble in legal scholarship (perhaps it&#8217;s that same cleansing instinct that drives people to crave salad after a long junk food binge), writing law review articles makes sense for solos, particularly those who compete with large law firms or generate business from referrals from attorneys or judges.   I fully recognize that the advice to write a law review article seems counter-intuitive at a time of <a href="http://www.law.gmu.edu/news/2010/davies_journal_drops"> declining journal circulation </a> not to mention <a href="http://www.guardian.co.uk/uk/2009/feb/24/social-networking-site-changing-childrens-brains"> diminished attention spans.</a>  Even so, allow me to make my case for the law review article in the most un-scholarly way possible: the <a href="http://www.newyorker.com/online/blogs/culture/2011/12/i-hate-top-ten-lists.html">top ten</a> (or in this case, the top eight) list.<span id="more-5758"></span></p>
<p>1. <strong> An endless source of content </strong>: You&#8217;ve heard the saying that content is king; the only food source that will sate the ever <a href="http://www.legalpracticepro.com/law-firm-panda-seo-hate-fear/">ravenous search engines</a>. At 12,000 words or more, packed with footnotes and case citations, law review articles offer an <a href="http://www.nytimes.com/2011/12/02/us/drilling-down-fighting-over-oil-and-gas-well-leases.html?pagewanted=all">everlasting gobstopper</a> of content for blogs, online publications and document archive platforms.</p>
<p>For starters, you can upload the article to your law firm website, as I did at my <a href="http://www.carolynelefant.com">site</a> with my recent law review article, <a href="http://www.felj.org/docs/elj321/13_1_social_media.pdf">The Power of Social Media: Legal Issues and Best Practices for Utilities Engaging Social Media</a>. To further enhance your article&#8217;s online visibility, you can also post it at document archiving sites like <a href="http://www.scribd">Scribd</a>, <a href="http://www.docstoc.com">Docstoc</a>, and tag your article with keywords that users might use in searching for information on the topic. If you&#8217;re more interested in putting your article in front of other lawyers and corporate counsel, post it on <a href="http://www.jdsupra.com">JD Supra</a>, which will mention your article in one of its regular press releases, and also post it as part of theLegal Updates on LinkedIn.</p>
<p>But wait &#8211; there&#8217;s more! Because most law review articles are so ginormous, you can hack &#8216;em up into dozens of bite sized pieces that can be distributed around the internet. For articles of interest to corporate counsel, consider submitting a shortened version of your article to <a href="http://www.lexology.com">Lexology</a>, a web-based service that delivers legal analysis to corporate law departments. Other article publication options include trade association newsletters (often published online), one of law.com&#8217;s many publications, <a href="http://www.huffingtonpost.com">Huffington Post</a> or <a href="http://www.ezine.com">e-zine</a>.</p>
<p>If you prefer to build content on your own site, you can re-purpose a law review article as a series of blog posts. And if your article concerns a topic that&#8217;s in flux &#8211; for example, an appellate decision pending Supreme Court review or an emerging area of law like online defamation or social media in employment law &#8211; you can produce a series of &#8220;pocket parts&#8221; (as I&#8217;ve done <a href="http://www.lawofficesofcarolynelefant.com/fercfights/?tag=pocket-parts">here</a>) to continue to update readers about on-going developments.</p>
<p>2. <strong>An excuse to toot your own horn</strong> Lawyers will issue press releases on just about anything, from the importance of avoiding drinking and driving on New Year&#8217;s Eve to announcing availability to comment on a case (As an aside, search the term &#8220;lawyer&#8221; <a href="<A HREF = ">here</a> for the sublime to the ridiculous in lawyer press releases). But publication of a law review article, particularly one on a current topic or in a prominent publication could potentially justify a Press Release. If a press release is too much, you can still announce your article on Twitter, Facebook, Linked In and other social media channels.</p>
<p>3. <strong> Repurpose work product </strong>: In some of your cases, you may have an opportunity to brief a current issue where the circuits are split or even make precedent on an important issue. Rather than let all of that good research go to waste, you can quickly recycle the material into a law review article &#8211; and hire a law clerk or contract lawyer (see point #5 , below) for supplementary research or citations. Bear in mind that if you decide to write about research that you previously performed for a client, you should avoid commenting on any confidential issues unique to your client&#8217;s case, writing about a case that&#8217;s still ongoing or taking a position adverse to the one that you publicly advocated for your client.</p>
<p>4. <strong>Collaborate with a potential referral source or client</strong> If you&#8217;re a new lawyer eager to impress an experienced colleague in the hopes of attracting referrals, or angling to lure corporate business, use a law review article as a way to collaborate. It&#8217;s a technique that worked for Mark Hermann while he as at a firm, and one that he <a href="http://abovethelaw.com/2011/12/inside-straight-building-a-practice-a-case-study/"> recommends </a> now that he&#8217;s in-house. Co-authoring an article provides a tangible benefit to your prospect and gives them an opportunity to have a first hand look at your work product.</p>
<p>If you choose the co-authorship approach, though, you&#8217;ll have to take the initiative and follow through on getting the article done. While some co-authors will happily shoulder their share of work and dutifully meet deadlines, others will expect a free ride. So be prepared to draft the bulk of the article, play taskmaster to ensure that your co-author provides timely feedback, and submit the article for publication. The co-authorship process can be aggravating, but when your co-authors will be beholden to you forever once they see their name in a byline.</p>
<p>5. <strong>Help out an unemployed law student, new grads or contract lawyer</strong> Even if you&#8217;ve already preliminarily fleshed out a topic, a law review article will still require research assistance in the form of literature searches, cite checking and footnoting. Many of these tasks are well suited for law students, new unemployed graduates or junior contract lawyers. For a few hundred dollars, you can finalize your research without losing work time and help out a law student or another lawyer with a little bit of cash, research experience and a print acknowledgment to add to their resume.</p>
<p>6. <strong>Impress those big law colleagues</strong> OK, I know that many of you solos don&#8217;t give a hoot about what big firm lawyers think of you. And if you don&#8217;t get any business from large firm lawyers, that&#8217;s fair enough. But for many lawyers, particularly those who either <a href="http://myshingle.com/2011/12/articles/announcements/free-teleseminar-december-15-from-big-law-to-your-law-3-years-later/">leave big law to strike out on their own </a> or otherwise work along side large firms, big law attorneys can serve as a lucrative source of <a href="http://abovethelaw.com/2011/12/from-biglaw-to-boutique-looks-like-rain/">small case or conflicts referrals</a>. But even if large firm lawyers know you via an introduction from another colleague or a bar event, they may not end cases your way without some assurance that you&#8217;re capable of handling them. In these cases, the law review article can help vouch for your competence.</p>
<p>7. <strong>Change and influence the law</strong> Granted, with blogs and social media offering a platform for exchange of and exposure to ideas, law review articles carry less weight than they did years ago when <a href="http://heinonline.org/HOL/LandingPage?collection=journals&amp;handle=hein.journals/geojlege3&amp;div=45&amp;id=&amp;page=">this article</a> that I authored served as the basis for legislative change a few years later. Still, many judges still look to law review articles to support judicial opinions that set new precedent so if you feel strongly about an area of the law that should be changed, a law review article offers that possibility.</p>
<p>8. <strong>Escape that inferiority complex  </strong>Instead of constantly comparing yourself to &#8220;law reviewers&#8221; &#8211; either by boasting about how you&#8217;re so great while they&#8217;re slaving away as drones at big law, or claiming that they&#8217;re a bunch of snot-nosed, self-entitled losers, just write a damn law review article and cure yourself of the green-eyed monster once and for all. You&#8217;ll see that writing an article is basically the same thing as writing a brief, something you do everyday and that getting it published is even easier since journals are so desperate for content that they&#8217;ll print anything with lots of footnotes (most law professors, it seems <a href="http://kevin.lexblog.com/2010/09/articles/blog-basics/supreme-court-justice-kennedy-kicks-off-discussion-on-influence-of-law-blogs/"> would rather blog)</a>.</p>
<p>So come on &#8211; you&#8217;ve already tried the pricey directories, the expensive marketing gurus and for-fee SEO.  What do you have to lose by taking a walk on the wild side and letting your inner scholar hang out?</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2005/12/articles/announcements/blawg-review-35-and-worthless-advice/' rel='bookmark' title='Blawg review #35 and Worthless Advice'>Blawg review #35 and Worthless Advice</a></li>
<li><a href='http://myshingle.com/2008/05/articles/biglaw-practice-and-issues/what-the-paul-hastings-associates-performance-review-shows-about-law-practice/' rel='bookmark' title='What the Paul Hastings Associate&#8217;s Performance Review Shows About Law Practice'>What the Paul Hastings Associate&#8217;s Performance Review Shows About Law Practice</a></li>
<li><a href='http://myshingle.com/2006/02/articles/announcements/blawg-review-43/' rel='bookmark' title='Blawg Review 43'>Blawg Review 43</a></li>
</ol></p>]]></content:encoded>
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		<title>FREE Recording &#8211; Cold Calls for Lawyers!</title>
		<link>http://myshingle.com/2011/11/articles/marketing-making-money/free-recording-cold-calls-for-lawyers/</link>
		<comments>http://myshingle.com/2011/11/articles/marketing-making-money/free-recording-cold-calls-for-lawyers/#comments</comments>
		<pubDate>Mon, 28 Nov 2011 15:09:56 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[New Marketing Ideas]]></category>

		<guid isPermaLink="false">http://myshingle.com/?p=5676</guid>
		<description><![CDATA[As my regular readers may know, I&#8217;m one of the few lawyers who actively recommends cold calling as a tool for finding overflow work and referrals or simply setting up introductory meetings or lunch dates with attorneys and other professionals within the community. I&#8217;ve written two pieces about cold calling, Pick Up the Phone and [...]
Related posts:<ol>
<li><a href='http://myshingle.com/2007/03/articles/marketing-making-money/cold-calling-works/' rel='bookmark' title='Cold Calling Works'>Cold Calling Works</a></li>
<li><a href='http://myshingle.com/2011/11/articles/announcements/cold-calls-cold-beers-the-launch-of-solo-by-choice-2011-2012/' rel='bookmark' title='Cold Calls, Cold Beers &amp; the Launch of Solo by Choice (2011 -2012)'>Cold Calls, Cold Beers &#038; the Launch of Solo by Choice (2011 -2012)</a></li>
<li><a href='http://myshingle.com/2011/11/articles/announcements/cold-call-book-launch-cancellation/' rel='bookmark' title='Cold Call Book Launch Cancellation'>Cold Call Book Launch Cancellation</a></li>
</ol>]]></description>
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<p>As my regular readers may know, I&#8217;m one of the few lawyers who actively recommends cold calling as a tool for finding overflow work and referrals or simply setting up introductory meetings or lunch dates with attorneys and other professionals within the community. I&#8217;ve written two pieces about cold calling, <a href="http://apps.americanbar.org/lpm/lpt/articles/mtk0703031.html">Pick Up the Phone and Make Yourself a Better Lawyer</a> (ABA Law Practice Today July 2003) and <a href="http://www.legalmarketingblawg.com/2009/03/why-coldcalling-is-a-hot-idea.html">Why Cold Calling is A Hot Idea</a> (2009). [<em>Important caveat - My endorsement of cold calling is limited to calls to other lawyers, colleagues and professionals and does not extend to calls soliciting business from consumer clients which is unethical in most, if not all, jurisdictions</em>]</p>
<p>Yet for all the praise I&#8217;ve given the cold call, I&#8217;ve never offered a substantial nuts-and-bolts explanation of how to execute cold calls &#8211; for two reasons.  First, though I&#8217;ve made cold calls myself with decent results,  I don&#8217;t consider myself an authority on the subject. And while I&#8217;ve hunted for resources such as books or articles to better educate myself and my readers, I found most of the materials way too over-the-top salesy or pushy to recommend to other lawyers.</p>
<p>So it was a matter of sheer luck when I  became acquainted with <a href="http://www.linkedin.com/in/thomasalascio">Thomas Alascio </a>, an executive recruiter in the Washington D.C. metropolitan area.  For about four months this past spring and summer, Tom and I shared an office space in Bethesda, Maryland and because the space was cubicle-like in nature, I occasionally overheard Tom contacting prospective employers or employees.  Tom was both affable and professional on the phone that he seemed like an ideal person to teach the how to&#8217;s of cold calling.</p>
<p>So I contacted Tom agreed and the result is a 40 minute conversation where we discussed the following topics: (after the jump)<span id="more-5676"></span></p>
<p style="padding-left: 30px;">&#8211;What are the benefits of cold calling?</p>
<p style="padding-left: 30px;">&#8211;What are some strategies for overcoming fear of rejection?</p>
<p style="padding-left: 30px;">&#8211;What are some organizational tips for gathering and organizing contacts<br />
[Teaser - Tom offered some outstanding recommendations for working <a href="http://www.linkedin.com">LinkedIn</a> contacts and using <a href="http://www.zoho.com">Zoho's</a> free CRM <a href="http://http://www.zoho.com/crm/index1.html">(customer relationships manager) for tracking calls]</a></p>
<p style="padding-left: 30px;">&#8211;How do you get around gatekeepers like a secretary or assistant?</p>
<p style="padding-left: 30px;">&#8211;What&#8217;s the most important information to convey in the opening minute of the call?</p>
<p style="padding-left: 30px;">&#8211;How do you respond when a firm says it doesn&#8217;t have any overflow work or referrals?</p>
<p style="padding-left: 30px;">&#8211;What are some tips for using a cold call as a way to set up a meeting or lunch date with a lawyer in the community?</p>
<p>To access the call, simply click<a href="http://myshingle.com/project-cold-call-recording/"> HERE</a> and enter your MyShingle password &#8211; or if you haven&#8217;t registered for the site, do so <a href="http://myshingle.com/register/">here</a> &#8211; you&#8217;ll get the password immediately and can enter it to unlock the call. In a few days, I&#8217;ll also publish the written transcript if you prefer writing to audio.</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2007/03/articles/marketing-making-money/cold-calling-works/' rel='bookmark' title='Cold Calling Works'>Cold Calling Works</a></li>
<li><a href='http://myshingle.com/2011/11/articles/announcements/cold-calls-cold-beers-the-launch-of-solo-by-choice-2011-2012/' rel='bookmark' title='Cold Calls, Cold Beers &amp; the Launch of Solo by Choice (2011 -2012)'>Cold Calls, Cold Beers &#038; the Launch of Solo by Choice (2011 -2012)</a></li>
<li><a href='http://myshingle.com/2011/11/articles/announcements/cold-call-book-launch-cancellation/' rel='bookmark' title='Cold Call Book Launch Cancellation'>Cold Call Book Launch Cancellation</a></li>
</ol></p>]]></content:encoded>
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		<title>Invest in This…Or That?</title>
		<link>http://myshingle.com/2011/11/articles/marketing-making-money/invest-in-this%e2%80%a6or-that/</link>
		<comments>http://myshingle.com/2011/11/articles/marketing-making-money/invest-in-this%e2%80%a6or-that/#comments</comments>
		<pubDate>Fri, 18 Nov 2011 13:56:32 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Marketing Lessons]]></category>

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		<description><![CDATA[You&#8217;ve heard the pitch; we all have. For just $10,000 &#8212; less than $1000 per month &#8212; you&#8217;ll get a specially designed, SEO-optimized, social-media enhanced website &#8212; and a couple of pay-per-leads as a bonus. Can&#8217;t afford it or don&#8217;t want to spend that much? No worries, the salesman assures you &#8211; and then, the [...]
Related posts:<ol>
<li><a href='http://myshingle.com/2011/02/articles/biglaw-practice-and-issues/dlapipers-200k-cover-charge-part-ii-ethics-issues/' rel='bookmark' title='DLAPiper&#8217;s $200k Cover Charge Part II: Ethics Issues'>DLAPiper&#8217;s $200k Cover Charge Part II: Ethics Issues</a></li>
<li><a href='http://myshingle.com/2004/12/articles/marketing-making-money/how-do-your-rates-and-income-stack-up/' rel='bookmark' title='How Do Your Rates &#8211; and Income &#8211; Stack Up?'>How Do Your Rates &#8211; and Income &#8211; Stack Up?</a></li>
<li><a href='http://myshingle.com/2005/07/articles/client-relations/lawyer-sues-clients-for-money-not-sure-of-what-to-make-of-all-of-this/' rel='bookmark' title='Lawyer Sues Clients for Money; Not Sure of What to Make of All of This'>Lawyer Sues Clients for Money; Not Sure of What to Make of All of This</a></li>
</ol>]]></description>
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				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fmyshingle.com%2F2011%2F11%2Farticles%2Fmarketing-making-money%2Finvest-in-this%25e2%2580%25a6or-that%2F&amp;source=carolynelefant&amp;style=normal&amp;b=2" height="61" width="50" /><br />
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<p><a href="http://myshingle.com/wp-content/uploads/2011/11/eatthisnotthat.jpg"><img class="alignleft size-medium wp-image-5647" style="margin: 10px;" title="eatthisnotthat" src="http://myshingle.com/wp-content/uploads/2011/11/eatthisnotthat-300x283.jpg" alt="" width="167" height="158" /></a>You&#8217;ve heard the pitch; we all have. For just $10,000 &#8212; less than $1000 per month &#8212; you&#8217;ll get a specially designed, SEO-optimized, social-media enhanced website &#8212; and a couple of pay-per-leads as a bonus. Can&#8217;t afford it or don&#8217;t want to spend that much? No worries, the salesman assures you &#8211; and then, the kicker:</p>
<blockquote><p><em> Remember, if you get just one new client out of the program, then it pays for itself.</em></p></blockquote>
<p>So you start running the numbers in your head and think &#8211; hey, maybe this guy is right. If I get a $10,000 matter &#8211; just one divorce or slip-and-fall or drug case, I&#8217;ll make my money back. And if I pull in two matters, I&#8217;m ahead of the game. Sounds tempting…not!<span id="more-5646"></span></p>
<p>For starters, there&#8217;s the risk that your investment won&#8217;t produce. Attracting clients isn&#8217;t simply about SEO and getting to the first page of Google. If you&#8217;re marketing online, you need a website that&#8217;s sufficiently <a href="http://www.legalmarketingblawg.com/2010/06/make-your-website-more-invitin.html">inviting</a> to draw visitors back and persuade them to call or schedule an appointment. And once you&#8217;ve gotten prospective clients into your office, you need to educate them not about only about why they need to hire you, but also why you charge the rates that you do. Most experienced lawyers move through this process rather seamlessly but starting out, each stage may require some fine-tuning before you get the results you want.</p>
<p>But spending $10,000 on an SEO-enhanced website isn&#8217;t necessarily a good idea even if it&#8217;s a sure thing that you&#8217;ll earn $10,000 &#8212; or 100 percent return on your investment &#8212; by the end of the contract term. Because unless you have unlimited resources, tying up all of your cash for the possibility of a one to one return means that you&#8217;ll forego the chance to experiment with a variety of marketing options which collectively may generate two or three times the return at less risk.</p>
<p>This &#8220;eat this or that&#8221; photo illustrates my point by analogy. In the photo you can drink the 700 calorie shake, promising yourself that you won&#8217;t eat anything the rest of the day to compensate for the calories. Or, you can spread those calories around and get more bang for your caloric buck, while decreasing the chance that you&#8217;ll binge later in the day.</p>
<p>You can choose to tie up $10,000 and hope that it will convert into at least as much revenue<img class="alignright size-medium wp-image-5650" title="Screen shot 2011-11-16 at 6.19.08 PM" src="http://myshingle.com/wp-content/uploads/2011/11/Screen-shot-2011-11-16-at-6.19.08-PM-300x226.png" alt="" width="240" height="181" />. Or you can invest it in a portfolio of marketing options where you&#8217;ll have many more opportunities for success. For an even smaller budget, you can hire a developer from elance or odesk or a local college to design a nice looking website and blog. To capture contacts, you can, on that same budget, write a short <a href="http://www.legalmarketingblawg.com/2009/03/take-a-look-at-the-ebook-to-ma.html">ebook</a> and engage a professional to assist with the design &#8211; and make it available for download at your site. You&#8217;ll even have enough to create a few basic web tutorials &#8211; and hire a law student or college graduate for 20 hours a month who can assist with marketing efforts by researching blog posts, keeping your social media profiles current or identifying events that you can attend to network with other lawyers.</p>
<p>So the next time a salesperson calls with empty promises of how you&#8217;ll make your money back on their service, why not ask if they&#8217;ll accept payment <em>after </em> you&#8217;ve recovered your initial investment. If they&#8217;re not willing to take a risk on their service, why should you?</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2011/02/articles/biglaw-practice-and-issues/dlapipers-200k-cover-charge-part-ii-ethics-issues/' rel='bookmark' title='DLAPiper&#8217;s $200k Cover Charge Part II: Ethics Issues'>DLAPiper&#8217;s $200k Cover Charge Part II: Ethics Issues</a></li>
<li><a href='http://myshingle.com/2004/12/articles/marketing-making-money/how-do-your-rates-and-income-stack-up/' rel='bookmark' title='How Do Your Rates &#8211; and Income &#8211; Stack Up?'>How Do Your Rates &#8211; and Income &#8211; Stack Up?</a></li>
<li><a href='http://myshingle.com/2005/07/articles/client-relations/lawyer-sues-clients-for-money-not-sure-of-what-to-make-of-all-of-this/' rel='bookmark' title='Lawyer Sues Clients for Money; Not Sure of What to Make of All of This'>Lawyer Sues Clients for Money; Not Sure of What to Make of All of This</a></li>
</ol></p>]]></content:encoded>
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		<title>Your Realization Rates May Make You Realize That Flat Fees Often Make More &#8220;Cents&#8221;</title>
		<link>http://myshingle.com/2011/11/articles/marketing-making-money/your-realization-rates-may-make-you-realize-that-flat-fees-often-make-more-cents/</link>
		<comments>http://myshingle.com/2011/11/articles/marketing-making-money/your-realization-rates-may-make-you-realize-that-flat-fees-often-make-more-cents/#comments</comments>
		<pubDate>Mon, 07 Nov 2011 15:04:58 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Setting and Collecting Fees]]></category>

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		<description><![CDATA[As a solo or small firm lawyer, you&#8217;ve probably heard the term &#8220;involuntary pro bono.&#8221; That&#8217;s what happens when you sign up to take a case, collect a retainer, exceed the retainer and the client stops paying the bill on the eve of trial when it&#8217;s too late to pull out. Well, turns out that [...]
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</ol>]]></description>
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<p>As a solo or small firm lawyer, you&#8217;ve probably heard the term &#8220;involuntary pro bono.&#8221; That&#8217;s what happens when you sign up to take a case, collect a retainer, exceed the retainer and the client stops paying the bill on the eve of trial when it&#8217;s too late to pull out.<br />
Well, turns out that big law has the same problem, different name. As bloggers <a href="http://www.legalmarketingblog.com/marketing-tips-has-the-hourly-billing-model-become-an-afa.html">Tom Kane</a> and <a href="http://www.patrickjlamb.com/archives/commentary-increasing-rates-decreasing-realization-are-you-getting-the-point.html">Patrick Lamb</a> discuss, large firm realization rates have dropped to an all time low, with big firms collecting just 85.4 percent of revenues billed. As Allison Shields <a href="http://legalease.blogs.com/legal_ease_blog/2011/11/is-hourly-billing-just-a-fixed-fee-in-another-form.html">astutely observes</a>:</p>
<blockquote><p>When lawyers write off or write down their fees &#8211; or when clients pay only a portion of the lawyer&#8217;s bill, aren&#8217;t both lawyer and client saying that the hourly fee really doesn&#8217;t mean anything, and that there is a particular (fixed) fee that is &#8216;fair&#8217; for the work?</p></blockquote>
<p><span id="more-5566"></span>Ironically, the reason that lawyers resist flat fees is because they&#8217;re afraid that they&#8217;ll be shortchanged &#8211; for example, that they&#8217;ll charge $10,000 for a matter that ultimately takes thousands of hours. And while that&#8217;s a risk, so too is the possibility that clients won&#8217;t pay their bills in spite of the <a href="http://myshingle.com/resources/online-guide/setting-fees-getting-paid/"> best precautions </a>. And while some clients simply won&#8217;t pay because they&#8217;re cheap, others run out of money because their lawyer never offered an honest evaluation at the outset of how much the case might cost.</p>
<p>Somewhat counter-intuitively, flat fees give lawyers more control &#8211; not so much over the duration of a case, but rather, over the amount of work that the lawyer will perform. Let&#8217;s say for example, that a lawyer agrees to represent a client in a divorce proceeding. The lawyer could assess a fee that would specify that it covers the hearing and up to three contested disputes that might arise in the course of the case. If the opposing counsel (or your own client for that matter) decide to pursue a scorched earth policy and litigate every single discovery response or issue arising under the separation agreement, that activity would fall outside the scope of the fee arrangement and would cost extra. By contrast, if the matter is resolved with just one hearing, the lawyer would come out ahead. And if the matter involves three hearings, the lawyer will at least recover a fee that he or she was willing to accept under the agreement.</p>
<p>Now, imagine how this scenario would play out without deliverables and price specified up front. The lawyer would (in many instances at the client&#8217;s direction, no less!) file five or six motions, the client would run out of cash after the fourth and the lawyer would be stuck. Or, the lawyer would file a third motion but the client didn&#8217;t realize at the beginning that the case would involve so much time and still runs out of money. Or &#8211; even in a best case scenario where a client can keep pace with payments, the lawyer would find himself nagging the client on a monthly basis to replenish the retainer.</p>
<p>I&#8217;m not suggesting that flat fees work for all cases because they don&#8217;t (one of my colleagues who handles complex and unpredictable litigation matters experimented with <a href="http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/litigation_kaufman.html">phase fee billing</a> with mixed results). In my own case, I&#8217;ve had problems with fixed fees where I&#8217;ve quoted a certain rate and but then outsource work to a freelancer or paralegal who works hourly and whose rates don&#8217;t necessarily align with my budget. Still over all, I favor the flat fee as do my clients because it gives them certainty while it forces me to puzzle through the intricacies of a case at the beginning so that the case funs more smoothly.</p>
<p>For those of you who have written off the idea of flat fees, take a look at your realization rate. You may just realize that you won&#8217;t fare any worse &#8211; and at times, may come out ahead &#8211; with a flat fee rather than hourly billing.</p>
<p><em>What&#8217;s your experience with flat fees and hourly billing? In particular, I&#8217;d be interested in hearing how solo/small firm realization rates compare to the 85.4% rate reported by <a href="https://peermonitor.thomsonreuters.com/ThomsonPeer/docs/HBR_PMI_Q3_2011.pdf">larger firms</a>. Please post comments below</em></p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2006/10/articles/business-models/make-more-with-flat-fees/' rel='bookmark' title='Make More With Flat Fees'>Make More With Flat Fees</a></li>
<li><a href='http://myshingle.com/2011/05/articles/questions-advice/some-open-questions-for-flat-fee-aficionados-and-ethics-gurus/' rel='bookmark' title='Some Open Questions for Flat Fee Aficionados and Ethics Gurus'>Some Open Questions for Flat Fee Aficionados and Ethics Gurus</a></li>
<li><a href='http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/' rel='bookmark' title='Flat Fees Are Fine, But Lawyers Can&#8217;t Have It Both Ways'>Flat Fees Are Fine, But Lawyers Can&#8217;t Have It Both Ways</a></li>
</ol></p>]]></content:encoded>
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		<title>Pay for the Product, Legal Service is Free or Pay for the Legal Service, Product is Free?</title>
		<link>http://myshingle.com/2011/10/articles/marketing-making-money/pay-for-the-product-legal-service-is-free-or-pay-for-the-legal-service-product-is-free/</link>
		<comments>http://myshingle.com/2011/10/articles/marketing-making-money/pay-for-the-product-legal-service-is-free-or-pay-for-the-legal-service-product-is-free/#comments</comments>
		<pubDate>Wed, 19 Oct 2011 14:56:35 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Setting and Collecting Fees]]></category>

		<guid isPermaLink="false">http://myshingle.com/?p=5502</guid>
		<description><![CDATA[In my last post, I discussed different types of freebies that lawyers offer as incentives to encourage existing clients to send or refer more work. But lawyers &#8212; and quasi-legal providers like Legal Zoom &#8212; are also using free to generate new clients. Many lawyers &#8211; from solos to behemoth firms &#8211; are giving away [...]
Related posts:<ol>
<li><a href='http://myshingle.com/2005/07/articles/legal-research-and-writing/free-legal-research-hits-florida/' rel='bookmark' title='Free Legal Research Hits Florida'>Free Legal Research Hits Florida</a></li>
<li><a href='http://myshingle.com/2009/07/articles/marketing-making-money/biglaw-free-and-the-solo/' rel='bookmark' title='Biglaw Free and the Solo'>Biglaw Free and the Solo</a></li>
<li><a href='http://myshingle.com/2009/06/articles/law-practice-management/why-is-findlaw-charging-money-for-inaccurate-forms-when-the-correct-forms-are-available-online-for-free/' rel='bookmark' title='Why Is Findlaw Charging Money for Inaccurate Forms When the Correct Forms Are Available Online for Free?'>Why Is Findlaw Charging Money for Inaccurate Forms When the Correct Forms Are Available Online for Free?</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p></p><div class="printfriendly align"><a href="http://myshingle.com/2011/10/articles/marketing-making-money/pay-for-the-product-legal-service-is-free-or-pay-for-the-legal-service-product-is-free/?pfstyle=wp" rel="nofollow" ><img src="//cdn.printfriendly.com/pf-button.gif" alt="Print Friendly" /></a></div><div class="tweetmeme_button" style="float: right; margin-left: 10px;">
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<p>In my<a href="http://myshingle.com/2011/10/articles/marketing-making-money/two-different-business-models-of-free-part-i/"> last post</a>, I discussed different types of freebies that lawyers offer as incentives to encourage existing clients to send or refer more work. But lawyers &#8212; and quasi-legal providers like Legal Zoom &#8212; are also using free to generate new clients.</p>
<p>Many lawyers &#8211; from solos to behemoth firms &#8211; are giving away forms and templates free in the hopes of selling their services. As I posted <a href="http://myshingle.com/2009/07/articles/marketing-making-money/biglaw-free-and-the-solo/">here</a>, large firms are offering small business toolkits replete with forms and term sheet generators at no charge. The firms figure that most start-ups aren&#8217;t going to be able to afford any law firm, much less a mega-firm. So rather than offer service for free, which can be a costly proposition, the firm makes available high quality forms which don&#8217;t cost anything to replicate once they&#8217;re developed. Clients who use these forms are more likely to seek out the firms&#8217; assistance when they&#8217;re ready to hire.  And because those clients bring forms that the firm prepared, the firm can help them more efficiently than if it had to revise someone else&#8217;s DIY product.<span id="more-5502"></span></p>
<p>Of course, it&#8217;s not just mega-firms that give away forms; many solos offer forms free as well. Sam Glover makes free debt collection defense and FDCPA forms available on his <a href="http://www.caveatemptorblog.com">Caveat Emptor</a> blog while my free <a href="http://www.scribd.com/doc/33801163/Knowing-and-Protecting-Your-Rights-When-an-Interstate-Gas-Pipeline-Comes-to-Your-Community">e-book on Landowners&#8217; Rights In a FERC Pipeline Certificate Proceeding</a> includes several sample interventions that landowners can copy and file at FERC. Making forms available not only increases the likelihood that landowners will hire me when they reach a critical point in the process, but it also ensures that when they come to me they&#8217;ve preserved their rights so that I can actually aid them effectively.</p>
<p>There&#8217;s nothing to lose in making forms available for free. For starters, as the cost of production approaches zero, consumers will be able to find forms free at any site &#8211; so it might as well be yours. Six months after I published my Landowner Guide, FERC (to its credit) has made available some fairly detailed sample interventions as well. Moreover, many of the consumers who seek out free forms either because (1) they have no intention of hiring a lawyer in which case you won&#8217;t get the work anyway or (2) they want to learn more about what is involved in the process, and will hire a lawyer if a form is too complicated to manage on their own.</p>
<p>On the flip side, <a href="http://www.legalzoom.com">Legal Zoom </a> is taking the opposite approach to free. With Legal Zoom, consumers pay for the form (and assistance filling it in) &#8211; but for some of the LZ services such as <a href="http://www.legalzoom.com/legal-wills/wills-pricing.html">wills</a>, a lawyer&#8217;s assistance is included for free (well, for an extra ten bucks along with other upgraded services). So basically, LZ customers pay for the product and get the service free.</p>
<p>It&#8217;s always been easy to write off clients who go to Legal Zoom, since most likely they were never willing to pay for attorney services anyway. But now that LZ is giving away legal service, some of the clients who may have been willing to pay a lawyer even if it posed some financial hardship will look to Legal Zoom instead.</p>
<p>As I see it, lawyers have two choices. First, lawyers can simply refuse to compete with free by mastering their practice area so as to capture the market for the kinds of bespoke, tailored services that simply can&#8217;t be provided at no charge (just as a specialized, solo bankruptcy lawyer <a href="http://myshingle.com/2011/10/articles/biglaw-to-solo/solo-snags-a-client-from-biglaw-firm-willing-to-work-for-free/">snatched a plum matter from a big firm </a> working largely pro bono). Otherwise, lawyers need to accept that they&#8217;re going to have to give something away to compete with Legal Zoom or with other lawyers who are doing the same. Lawyers don&#8217;t necessarily have to give away forms free &#8211; they can offer free consultations to discuss options with clients; maybe even agree to review, for free, DIY documents and make recommended changes (for which clients will need to pay).  Lawyers can even develop high quality forms and give away the service &#8211; for example, answering questions &#8211; as part of the package.<br />
But at the end of the day, lawyers who don&#8217;t have a bespoke option on their menu need to, every once in a while, offer a free lunch.  To paraphrase New Hampshire&#8217;s state motto, in world where clients are accustomed to powerful tools like Google Voice and dropbox and Gmail all at no choice, lawyers just may have to give free [legal services] or die.</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2005/07/articles/legal-research-and-writing/free-legal-research-hits-florida/' rel='bookmark' title='Free Legal Research Hits Florida'>Free Legal Research Hits Florida</a></li>
<li><a href='http://myshingle.com/2009/07/articles/marketing-making-money/biglaw-free-and-the-solo/' rel='bookmark' title='Biglaw Free and the Solo'>Biglaw Free and the Solo</a></li>
<li><a href='http://myshingle.com/2009/06/articles/law-practice-management/why-is-findlaw-charging-money-for-inaccurate-forms-when-the-correct-forms-are-available-online-for-free/' rel='bookmark' title='Why Is Findlaw Charging Money for Inaccurate Forms When the Correct Forms Are Available Online for Free?'>Why Is Findlaw Charging Money for Inaccurate Forms When the Correct Forms Are Available Online for Free?</a></li>
</ol></p>]]></content:encoded>
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		<title>Two Different Business Models of Free &#8211; Frequent Buyer Benefits</title>
		<link>http://myshingle.com/2011/10/articles/marketing-making-money/two-different-business-models-of-free-part-i/</link>
		<comments>http://myshingle.com/2011/10/articles/marketing-making-money/two-different-business-models-of-free-part-i/#comments</comments>
		<pubDate>Wed, 19 Oct 2011 14:34:54 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Setting and Collecting Fees]]></category>

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		<description><![CDATA[As I mentioned in Marketing by the Numbers video, it&#8217;s 11 times more expensive to generate new clients than to attract business from existing clients. Existing or former clients already know you, so you don&#8217;t have to convince them to hire you. At the same time, because your clients are constantly inundated with marketing materials [...]
Related posts:<ol>
<li><a href='http://myshingle.com/2007/11/articles/articles/its-never-too-early-to-think-about-starting-a-business/' rel='bookmark' title='It&#8217;s Never Too Early To Think About Starting A Business'>It&#8217;s Never Too Early To Think About Starting A Business</a></li>
<li><a href='http://myshingle.com/2008/02/articles/solo-practice-trends/in-house-counsel-looking-for-deals-why-not-with-solos/' rel='bookmark' title='In House Counsel Looking for Deals&#8230;Why Not With Solos?'>In House Counsel Looking for Deals&#8230;Why Not With Solos?</a></li>
<li><a href='http://myshingle.com/2011/05/articles/law-practice-management/the-economic-benefits-of-a-virtual-assistant/' rel='bookmark' title='The Economic Benefits of A Virtual Assistant'>The Economic Benefits of A Virtual Assistant</a></li>
</ol>]]></description>
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<p>As I mentioned in <a href="http://vimeo.com/12723663">Marketing by the Numbers</a> video, it&#8217;s 11 times more expensive to generate new clients than to attract business from existing clients. Existing or former clients already know you, so you don&#8217;t have to convince them to hire you. At the same time, because your clients are constantly inundated with marketing materials from other firms, unless you find a way to stay on their mind, they may not think to call you with a problem or refer you a case. <a href="http://www.legalmarketingblawg.com/2009/02/a-new-look-at-newsletters-for.html"> Newsletters </a> are one way to stay in touch, as are alerts on new legal developments and even birthday and <a href="http://blog.nolo.com/legalmarketing/2010/12/06/should-you-give-holiday-cards-the-stamp-of-approval/">holiday cards</a>. <a href="http://myshingle.com/2008/11/articles/marketing-making-money/how-tollbridge-businesses-can-provide-an-annual-revenue-stream-for-solo-and-small-firms/">Tollbridge agreements</a>, <em>i.e., </em>which are essentially service contracts for an annual review, will keep clients up to date on new developments.  Also, if structured properly, tollbridge agreements can even generate a steady stream of revenue for your practice.</p>
<p>When it comes to plum clients who account for a significant percentage of your revenue, you&#8217;ll need to up the ante by offering added benefits to reward extra expenditures and loyalty (consider it a frequent flyer program for law firms). Mark Hermann, biglaw partner-turned-inhouse counsel and <a href="http://www.abovethelaw.com">Above the Law</a> blogger raves about the<a href="http://abovethelaw.com/2011/10/inside-straight-unbelievable-a-smart-new-idea" target="_blank"> free quarterly meetings</a>  provided by one outside firm handling a major matter for his company. The firm will fly its team to the corporate client&#8217;s headquarters at no charge to meet both with the in-house counsel directly involved in the litigation as well as other senior managers who may have suggestions on ways to minimize costs or strategies to pursue. The firm doesn&#8217;t charge for the quarterly meetings and covers its own travel costs.</p>
<p>Although Mark Hermann had never heard of this type of program before, other firms offer similar concepts. For example, Texas-based MWR Legal provides outside general counsel services to companies, which include <a href="http://www.mwrlegal.com/general_counsel.html">complimentary General Counsel Meetings </a> throughout the year as a forum to discuss new ideas and concerns, to brainstorm, or just to reconnect and touch base.</p>
<p>What freebies do you offer to keep your clients coming back with more business and referrals? Post your comments below.</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2007/11/articles/articles/its-never-too-early-to-think-about-starting-a-business/' rel='bookmark' title='It&#8217;s Never Too Early To Think About Starting A Business'>It&#8217;s Never Too Early To Think About Starting A Business</a></li>
<li><a href='http://myshingle.com/2008/02/articles/solo-practice-trends/in-house-counsel-looking-for-deals-why-not-with-solos/' rel='bookmark' title='In House Counsel Looking for Deals&#8230;Why Not With Solos?'>In House Counsel Looking for Deals&#8230;Why Not With Solos?</a></li>
<li><a href='http://myshingle.com/2011/05/articles/law-practice-management/the-economic-benefits-of-a-virtual-assistant/' rel='bookmark' title='The Economic Benefits of A Virtual Assistant'>The Economic Benefits of A Virtual Assistant</a></li>
</ol></p>]]></content:encoded>
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		<title>Community Involvement As A Marketing Tool</title>
		<link>http://myshingle.com/2011/09/articles/pro-bono/community-involvement-as-a-marketing-tool/</link>
		<comments>http://myshingle.com/2011/09/articles/pro-bono/community-involvement-as-a-marketing-tool/#comments</comments>
		<pubDate>Tue, 13 Sep 2011 13:39:30 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Pro Bono]]></category>

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		<description><![CDATA[The following is a guest post by Noble McIntyre of McIntyre Law in Oklahoma City, Oklahoma. Let&#8217;s be honest. That title sounds cynical at best, opportunistic at worst. But hear me out. Getting involved with your community can be one of the best ways to market your firm, not just because of the business you&#8217;ll [...]
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<li><a href='http://myshingle.com/2006/02/articles/marketing-making-money/lawyer-hotlines-another-marketing-tool/' rel='bookmark' title='Lawyer Hotlines &#8211; Another Marketing Tool?'>Lawyer Hotlines &#8211; Another Marketing Tool?</a></li>
<li><a href='http://myshingle.com/2007/03/articles/marketing-making-money/second-life-for-marketing/' rel='bookmark' title='Second Life for Marketing'>Second Life for Marketing</a></li>
<li><a href='http://myshingle.com/2005/04/articles/marketing-making-money/what-about-marketing-alternative-rates/' rel='bookmark' title='What About Marketing Alternative Rates?'>What About Marketing Alternative Rates?</a></li>
</ol>]]></description>
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<p><strong><span style="color: #333333;"><em>The following is a guest post by Noble McIntyre of McIntyre Law in Oklahoma City, Oklahoma.</em></span></strong></p>
<p style="text-align: left;"><a href="http://www.oklahoma-law.com/"><img class="size-medium wp-image-5351 alignleft" style="margin: 5px;" title="McIntyreLawlogo" src="../wp-content/uploads/2011/09/McIntyreLawlogo-300x61.png" alt="" width="197" height="40" /></a>Let&#8217;s be honest. That title sounds cynical at best, opportunistic at worst. But hear me out. Getting involved with your community can be one of the best ways to market your firm, not just because of the business you&#8217;ll gain from it, but precisely because it means becoming an active member of your community. Marketing is usually very one-sided. It&#8217;s a billboard, or an ad, or a Web site that allows for <a href="http://emarketingstrategist.com/2011/01/passive-vs-active-marketing.html">limited interaction</a>, if any. Community involvement puts you in a much better position to get to know your potential clients, and to let them get to know you. Here&#8217;s how you can make it work to everyone&#8217;s advantage.</p>
<h2>Support a Local Charity</h2>
<p>Anyone can write a check and call it supporting the community. Charity and volunteer organizations undoubtedly need money to do the things they do, and if your firm can contribute, that&#8217;s great, especially during times when your caseload may prohibit actual participation. But if it&#8217;s all you do, you&#8217;ll eventually come off as remote, uninterested, and yes, uninvolved. To really make a difference, and gain some exposure for your firm, you <a href="http://business-ethics.com/">need to</a> get your hands dirty.<span id="more-5350"></span></p>
<p>Find an organization that supports a cause close to your heart. If it&#8217;s too difficult to narrow it down, and you don&#8217;t want to spread yourself too thin, ask your employees to vote on <a href="http://mashable.com/2011/04/20/business-csr-charity/">what cause</a> they&#8217;d like to contribute their time to. To make it fair, decide to support one organization per month, or per six months, whatever works for your firm. Designate a day, even if it&#8217;s a weekend day, to go out and help, whether it&#8217;s collecting clothing or canned goods, distributing school supplies, or cleaning up a local park. Where does the marketing come in? Before you even begin, the first thing to do is buy your firm matching shirts—polo or tees—with your company&#8217;s logo embroidered or printed on them. You can also do this with hats, especially if you&#8217;re all going to be outdoors on a sunny day. Not only will this display team unity, it will get your name out there while you&#8217;re doing good.</p>
<h2>Enlist Help</h2>
<p>The sad reality is, we can all only do so much. We all have our own families to care for, bills to pay, needs to fulfill. It&#8217;s wonderful when we can share what we have, but there are limits to what we can do. This applies not only to money, but to time and personnel, too. My firm is fairly small, and as dedicated as my employees are to helping the community, we can only take on so much, which also means we can&#8217;t help everyone in need, and that can be frustrating at times.</p>
<p>In November 2010, we teamed up with a local organization, Angel Food Ministries, to provide Thanksgiving dinner to a few hundred families in Oklahoma City who would otherwise not be able to enjoy a holiday meal. At first, a few hundred sounds like a lot, but when you consider that <a href="http://www.city-data.com/poverty/poverty-Oklahoma-City-Oklahoma.html">nearly 20 percent</a> of our city&#8217;s population lives in poverty, it&#8217;s just not enough. We took things a step further, and shared our plans with the Oklahoma Association for Justice. They joined the <a href="http://www.oklahoma-law.com/CM/Custom/community-projects.asp">Community Project</a>, and we ended up being able to provide food for about 4,200 people. The event grew so large so quickly, that a local news station showed up to cover it. We were able to share our story with the community, which we hope not only encouraged others to step up, but got our name out there as being a law firm dedicated to helping others.</p>
<h2>Make Helping a Habit</h2>
<p>While it&#8217;s true we all only have so much money, time, and energy to give, it&#8217;s still not an excuse for making nothing more than a token effort to get involved with the community. Nothing will show your true colors faster than participating in one event, and then never showing your face in the community again. People remember those who help—and they also remember those who only do so once for their own personal gain.</p>
<p>Get together with your partners and employees, and come up with <a href="http://www.divinecaroline.com/22347/39337-ten-ways-volunteer-own-schedule">a schedule</a> for helping throughout the year. Choose one big event you want to participate in—for us, it was Thanksgiving—and then a few other, smaller events. Whether it&#8217;s once a month or once a quarter, the fact that you&#8217;re making a regular effort to help those less fortunate members of your community on a regular basis will go a long way toward building good will and faith in your company, and your staff.</p>
<p>Every time a potential client walks through our doors, we want them to feel that we&#8217;re offering them the best service and an equal amount of attention as we offer every other client, no matter who they are, or how much money they have. Being present in our community, making our names known, and garnering attention for charity and volunteer projects does benefit us. But it also benefits our future clients because once they&#8217;ve seen us in action, they know they&#8217;ll be getting the best service we can provide.</p>
<p><em><strong>Noble McIntyre is the senior partner and owner of McIntyre Law, an <a href="http://www.oklahoma-law.com/">Oklahoma personal injury</a> law firm.</strong></em></p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2006/02/articles/marketing-making-money/lawyer-hotlines-another-marketing-tool/' rel='bookmark' title='Lawyer Hotlines &#8211; Another Marketing Tool?'>Lawyer Hotlines &#8211; Another Marketing Tool?</a></li>
<li><a href='http://myshingle.com/2007/03/articles/marketing-making-money/second-life-for-marketing/' rel='bookmark' title='Second Life for Marketing'>Second Life for Marketing</a></li>
<li><a href='http://myshingle.com/2005/04/articles/marketing-making-money/what-about-marketing-alternative-rates/' rel='bookmark' title='What About Marketing Alternative Rates?'>What About Marketing Alternative Rates?</a></li>
</ol></p>]]></content:encoded>
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		<title>Summertime, Selling and the Solo</title>
		<link>http://myshingle.com/2011/06/articles/marketing-making-money/summertime-selling-and-the-solo/</link>
		<comments>http://myshingle.com/2011/06/articles/marketing-making-money/summertime-selling-and-the-solo/#comments</comments>
		<pubDate>Wed, 22 Jun 2011 12:26:02 +0000</pubDate>
		<dc:creator>Carolyn Elefant</dc:creator>
				<category><![CDATA[Marketing & Making Money]]></category>
		<category><![CDATA[Networking]]></category>
		<category><![CDATA[New Marketing Ideas]]></category>

		<guid isPermaLink="false">http://myshingle.com/?p=4820</guid>
		<description><![CDATA[So, it&#8217;s summertime for the solo, and surprisingly, the selling is easy. At least, I&#8217;ve always thought so. For starters, lots of law practices slow down, what with clients, other judges and lawyers on vacation and many lawyers have time on their hands. Moreover, with the economy in its current state, it&#8217;s a buyer&#8217;s market [...]
Related posts:<ol>
<li><a href='http://myshingle.com/2009/10/articles/marketing-making-money/biglaw-is-selling-connections-can-you/' rel='bookmark' title='Biglaw is Selling Connections.  Can You?'>Biglaw is Selling Connections.  Can You?</a></li>
<li><a href='http://myshingle.com/2010/12/articles/marketing-making-money/using-security-as-a-selling-point-for-your-practice/' rel='bookmark' title='Using Security as a Selling Point for Your Practice'>Using Security as a Selling Point for Your Practice</a></li>
<li><a href='http://myshingle.com/2007/06/articles/ethics-malpractice-issues/a-tale-of-two-lawyer-ratings-systems/' rel='bookmark' title='A Tale of Two Lawyer Ratings Systems'>A Tale of Two Lawyer Ratings Systems</a></li>
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<p>So, it&#8217;s summertime for the solo, and surprisingly, the selling is easy.  At least, I&#8217;ve always thought so.  For starters, lots of law practices slow down, what with clients, other judges and lawyers on vacation and many lawyers have  time on their hands.  Moreover, with the economy in its current state, it&#8217;s a buyer&#8217;s market for <a href="http://myshingle.com/2008/05/articles/business-models/if-you-just-started-a-law-firm-hire-a-summer-associate/">hiring motivated law students </a> who can help you with a variety of marketing ideas that you may have put off &#8211; like a law review article, webinar or starting a blog.  Plus, working with a law student during a summer lull gives you a chance to flex your delegation muscles without the pressure of critical or imminent deadlines.</p>
<p>Summer is also conducive to reconnecting with colleagues.  Because of the less hectic pace, you should be able to enjoy a few leisurely outdoor lunches, or break away in time to make a 5 pm happy hour.  If you&#8217;re more ambitious, you might try inviting a group of your  office mates or listserve colleagues to a baseball game or organize outside activities like a hike or volleyball or ultimate Frisbee.<span id="more-4820"></span></p>
<p>Of course, summer&#8217;s greatest enticement &#8211; a slower pace and relaxation &#8211; is also its greatest drawback, because it can make us less disciplined.   If that&#8217;s your problem, here&#8217;s a neat tool that can help.  Part of David Seah&#8217;s terrific suite of FREE <a href="http://davidseah.com/productivity-tools/">Productivity Tools</a>, this <a href="http://davidseah.com/2006/06/the-printable-ceo-v-makin-rain/">Network Rainmaker</a> will keep you on task by creating a point system to keep you accountable on leads, information exchanges and follow-ups.  I&#8217;m headed out on vacation but when I return, I&#8217;m going to give this system a test-drive.  I&#8217;ll keep you posted on my progress (I hope!) &#8211; and feel free to download your own copy of the form and join me for the ride.</p>
<p>Related posts:<ol>
<li><a href='http://myshingle.com/2009/10/articles/marketing-making-money/biglaw-is-selling-connections-can-you/' rel='bookmark' title='Biglaw is Selling Connections.  Can You?'>Biglaw is Selling Connections.  Can You?</a></li>
<li><a href='http://myshingle.com/2010/12/articles/marketing-making-money/using-security-as-a-selling-point-for-your-practice/' rel='bookmark' title='Using Security as a Selling Point for Your Practice'>Using Security as a Selling Point for Your Practice</a></li>
<li><a href='http://myshingle.com/2007/06/articles/ethics-malpractice-issues/a-tale-of-two-lawyer-ratings-systems/' rel='bookmark' title='A Tale of Two Lawyer Ratings Systems'>A Tale of Two Lawyer Ratings Systems</a></li>
</ol></p>]]></content:encoded>
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