Category: Legal Business Development

Power of Communication in Legal Marketing – The Medium Does Change the Message Part 2

communicationsCommunication is important to almost everything we do–and today, we have more ways to reach out than ever before.  Lee Broekman of Organic Communication and Judith Gordon of LeadeEsQ presented at the LMA Tech1 conference in San Francisco, focusing on empowering communication by understanding the medium. In Part 1 we discussed some of the advantages and challenges of communicating face to face and through print.  In this article, we will examine communication over the phone and panel communication–or any way of communication through a screen.

Phone as a medium is what it sounds like–talking on the telephone either one or one or on a conference call. The danger with this form of communication is all the other things we might be doing while we are on the phone–especially on a conference call–everyone knows how easy it is to click over to email, check Facebook on your smartphone, or start to scribble your to-do list on the paper at your desk. While you are still physically on the call, your attention drifts to the other things on your to do list. This hints at what Gordon calls “the lost art of focus.”  She says, “Today’s attention spans have been radically reduced by our tether to technology. We leap from conversation to conversation—from the person speaking to us to email to headline notifications to texts back to the person speaking—without fully engaging in any one of those communications.” Staying engaged on a phone call, and reminding yourself to be present and aware is important when using the phone as a medium. One way to do this is to make sure the conversation is a back and forth–and not just a series of monologues. Additionally, if the call is a conference call with multiple participants, making sure there is a plan in place, so that each participant has a role, and that ground rules are established and enforced, can help.

Panel refers to any form of communication with a screen between the speaker and the listener.  With technology, this is becoming common–web meetings, webinars and some panels where there is an audience in the room, but also some audience members are tuning in via videoconference.  Gordon says, “Presenters are well served by understanding that their ‘audience’ may be viewing or only listening to a recording at a later point in time, and taking those parameters into account when preparing their presentations.” Going beyond just the people in the room is important–and one way to make sure everyone stays engaged is to have an interactive portion. Another good practice for webinars is to focus on visuals. Broekman says, “When our communication is on a panel, we need to color our black and white text and bulleted lists with vibrant visuals that will captivate our audience and keep them attentive to our intention. Many webinars present dry data instead of information that is new, relevant and interesting. Charismatic conversation, speaker photos and conceptual images in shorter timeframes will go a long way towards making the communication in this channel more effective.”

Another major concern with a panel can be a false sense of distance, and the tendency to feel bold when you cannot see the person you are talking to. This barrier is one reason Internet comment sections can get nasty, and people become callous over social media. These tendencies can be devastating when they seep into professional communications.  Broekman argues, “If you can’t say it to someone’s face, don’t say it behind a screen.”

Other pitfalls haunt Panel as a communication method.  Like the phone, placing the screen between people communicating removes the opportunity to see facial expressions and body language.  Gordon says, “When we remove that layer of information, our brains ‘fill in the blanks’ by superimposing our own judgment, which can be devastating.” Additionally, Broekman describes one of the biggest communication problems as a failure to listen with an intention to understanding the speaker. “Instead of listening to what the other person is saying, we listen to our own internal dialogue and filter information through our personal judgments, thoughts, opinions and ideas.”  A screen between parties can only amplify the tendency to hear what we want to hear.  With that said, clarity in transmission is crucial, and consistent checks on understanding are important.  Above all, awareness of the potential for misunderstanding is important.

For attorneys, communication is paramount. Communication is also very complicated. Gordon says, “to put it simply, lawyers ‘speak for’ their clients. Whether in transactional matters or litigation, lawyers are conduits of their clients’ intentions. To fully and accurately represent another—the essence of a lawyer’s work—understanding the fundamentals of communication is essential. Key communication skills—such as the ability to listen, understand, and then accurately present a client’s position to third parties in negotiations or litigation—are essential to a successful practice, and the smooth running of our legal system.”

Click here to read part one: Power of Communication in Legal Marketing – The Medium Does Change the Message Part 1

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
Copyright ©2016 National Law Forum, LLC

1 Broekman and Gordon spoke at the Legal Marketing Technology Conference on October 6th in San Francisco. Their session was entitled Webinars, Podcasts and Mobile (Oh My!) The Medium Does Change the Message. The LMA Tech conference is the largest conference dedicated to technologies that law firms use to identify, attract and support clients.

Power of Communication in Legal Marketing – The Medium Does Change the Message Part 1

communicationToday’s business environment offers more methods of communication than ever before.  However, more choices does not equal clarity or effectiveness, and in some ways, with the many mediums available communicating effectively requires a thoughtful understanding of the medium being used and how to best stay on message within that medium.  Lee Broekman of Organic Communication and Judith Gordon of LeaderESQ presented at the LMA Tech1 conference in San Francisco, focusing on empowering communication by understanding the medium at play.

Communication can be a major challenge for attorneys, yet it is a critical part of a lawyer’s job.  Gordon says,

To put it simply, lawyers ‘speak for’ their clients. Whether in transactional matters or litigation, lawyers are conduits of their clients’ intentions. To fully and accurately represent another—the essence of a lawyer’s work—understanding the fundamentals of communication is essential. Key communication skills—such as the ability to listen, understand, and then accurately present a client’s position to third parties in negotiations or litigation—are essential to a successful practice, and the smooth running of our legal system.

Broekman agrees, saying: “The lawyers I coach are highly skilled at managing cases and deals, but behind those cases and deals are clients and colleagues. Managing people and relationships is an entirely different skill set—lawyers who want to be successful have to put care into connecting with people who have different perspectives and preferences.”

The four main channels of communication are Person, Print, Phone and Panel. Each channel has strengths and weaknesses in particular situations, and understanding the nature of the message can help determine which channel is the most appropriate.

The first channel is Person—and that is what it sounds like—the fewer and fewer face-to-face meetings, when everyone puts away their phones and looks each other in the eye across a desk or table.  This is the best medium for sensitive issues; even though some of the conversations can be difficult.  Broekman says, “Whenever the issue is sensitive, when a possible conflict is anticipated or a misunderstanding is to be expected —we should have a face-to-face or side-by-side conversation.”  Gordon points out that sensitive matters are best handled in person, because of the way humans process information: “Much of the information we glean from others is visual and auditory—facial expression, tone of voice and body language. When we remove that layer of information, our brains ‘fill in the blanks’ by superimposing our own judgment, which can be devastating.”  When the matter is sensitive or misunderstandings are anticipated, walking down the hall or getting on a plane is worth the effort–and when that’s not possible, a videoconference is a reasonable alternative to try and prevent misunderstandings.

Many times, these face to face meetings can be challenging-and the desire to avoid the awkward, sometimes painful conversation can be tempting.  With so many alternative ways of delivering bad news, it’s important to remember that it can help avoid confusion and drawn out conflict by having tough conversations across a desk without a screen as a buffer.  Broekman points out, “Our instinct is to hide behind the screens of our computers or smartphones, but typing or texting instead of talking could lead to bigger problems and drawn out conflict.”

The second channel, print,  is any medium where the written word is paramount—emails, texts, letters, etc.  This is a channel where misunderstandings tend to cluster around tone—as you are “speaking” to readers, not listeners—who cannot see your face or hear your voice.  With this in mind, Gordon says, “direct communication is best. Write each sentence so that it is able to stand alone. A good rule of thumb is to stick to one message per sentence. The ‘one message per sentence’  rule heightens clarity and lessens ambiguity.  Gordon adds,  “It’s also a good idea to avoid sarcasm or innuendo in print, and allow the power of the written word to speak for itself without relying on inference.”

To be clear in print, sometimes it’s helpful to overcompensate with your words to ensure your audience picks up what you are putting down. Broekman says, “Sometimes it’s helpful to ‘massage your message’ with gentle words such as ‘will you please?’ when making a request, ‘yes, and’ when responding, and ‘yet’ when wanting to suggest that something is not quite done.”  Using the tools at your disposal to convey tone is an important step to take.  While smiley face emojis are appropriate when planning post-work drinks, they are not always professional and appropriate.  Broekman also suggests, “writing feeling behind our statements in parenthesis may be effective.”  For anyone who has misinterpreted all caps as anger, this is a tip that might resonate.

In Part Two, we will examine the Phone and Panel mediums of communication and how to negotiate those streams.

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
Copyright ©2016 National Law Forum, LLC

1 Broekman and Gordon spoke at the Legal Marketing Technology Conference on October 6th in San Francisco. Their session was entitled Webinars, Podcasts and Mobile (Oh My!) The Medium Does Change the Message. The LMA Tech conference is the largest conference dedicated to technologies that law firms use to identify, attract and support clients.

Developing a Positive Attitude about Business Development

Businessmen walking, Business DevelopmentAs a busy lawyer, it’s easy to get caught up in your day-to-day office routine and consequently put attention to business development on the back burner. While this might be something to shrug off as no big deal, for many attorneys, this can lead to big issues down the road when looking to make partner or work with your own clients. In order get yourself in a better position for long-term success, it’s critical to start improving your biz dev behaviors.

There are three internal motivators that drive people to improve their existing situation; behavior, attitude and belief. While all of these are important to accomplish a goal or succeed in an endeavor, the most important for business development is always behaviors. Without executing positive behaviors it’s nearly impossible to accomplish anything, let alone something as challenging as developing new business.

It might seem rudimentary to talk about having good behaviors, as you’re not a child being scolded by your parents.  After all, you wouldn’t be a licensed attorney if you weren’t able to implement good behaviors to study in law school and pass the bar exam. However, in my experience many attorneys overlook the importance of forming good behaviors when it comes to business development. I accept as the standard definition of behavior “a manner of acting or controlling oneself.” Your behavior directly affects everything that happens in your life, including your income, your relationships, and your ultimate destiny. As you know, your actions have the ability to set you on positive paths while negative ones can cause you to veer off course.

A profound consequence of having negative behaviors and habits takes place subconsciously. Broken self-promises pile up and directly affect your general attitude and belief in yourself. Consider the behavior of putting off attending networking events using the “I’m too busy” excuse. Despite the best intentions, this behavior can all too easily continue indefinitely. The lack of follow-through can have a dramatic impact on your outlook toward business development. On the other hand, exhibiting positive behaviors creates good feelings and opportunities.

However, researching an upcoming event, registering for the event, and logging it on your calendar are all positive behaviors that will propel you forward to accomplishing your goal. Every time you commit to taking action and then actually follow through on that commitment, you’re positively reinforcing winning behaviors. The positive experience creates momentum to continue these behaviors in the future.

To assist you in forming good biz dev behaviors, here are five things you can do to get on the right path:

#1. Start putting business development at the top of your “to-do” list. Mostly it falls to the bottom. To grow a book of business, move all biz dev activities to the top of your weekly “to-do” list.

#2. Create a positive habit of doing one biz dev activity a day. This could be an email to a client or researching a networking event. If you do one thing a day, these will add up to big numbers for you at the end of the year.

#3.  Get prepared to go to battle on your biz dev work. One of the main reasons lawyers put off biz dev calls is due to lack of preparation. Build a list of clients, friends and strategic partners that you can call on for meetings. This will help get you in the right frame of mind to actually make the calls.

#4.  Schedule 30 minutes a week of uninterrupted biz dev time. Do not pick up the phone and do not respond to emails. Just get a list of solid contacts in front of you and make your calls. This routine should be scheduled early in the day to ensure you’re not interrupted and that the day doesn’t get away from you.

#5. Find a “work-out buddy” for your biz dev activities. This could be your co-worker who is also challenged to focus on biz dev activities or your marketing person at the office. Accountability is key to holding firm on the commitments you make to yourself.

Following good behaviors is the number one reason why some lawyers are more successful in accomplishing their goals than others. Don’t be afraid to start small and build up from there. The small victories add up over time and reinforce the drive to continue good behaviors.

ARTICLE BY Steve Fretzin of Sales Results, Inc.

Copyright @ 2016 Sales Results, Inc.

Attend NAWL’s General Counsel Institute – Pathways to Success

NAWL Logo General Counsel InstituteSuccessful people share common characteristics that drive them on their road to success, including keeping a positive mindset and being comfortable taking on new challenges. No matter what your definition of success is, the National Association of Women Lawyers’ Twelfth General Counsel Institute offers a roadmap for getting to where you want to go.

 

When: November 3-4, 2016

Where: Crowne Plaza Times Square Manhattan, NYC

Register today!

In today’s ever changing legal landscape, we invite you to advance your career by securing success through agility and creativity. Gain insight into the hottest topics in the law. Acquire knowledge or enhance your proficiency about the most talked about labor and employment matters. Take a deep dive into today’s regulatory and compliance issues. Tap into technology and embrace the challenges and changes that accompany this ever-evolving area of the law.

At GCI 12, you will be asked to think outside the box and blaze your own trail of success by articulating your own vision, laying your own foundation, and growing both personally and professionally. Through powerful stories, substantive legal workshops, and GCI’s unique open exchange of ideas, GCI 12 will empower you to embrace opportunities with agility and creativity and gain leadership skills and business acumen on your pathway to success.

NAWL Celebrates the Twelfth Anniversary of its General Counsel Institute®

Although the legal landscape continues to rapidly evolve, many obstacles still remain for women striving to advance their careers. Identifying opportunities, even ones that may seem unconventional, and seizing upon such opportunities, provides pathways to success that may not have been visible in the past. On November 3-4, the National Association of Women Lawyers’ General Counsel Institute expands on this concept with a program entitled, Pathways to Success: Embracing Opportunities with Agility and Creativity.

For twelve years, the General Counsel Institute (“GCI”) has provided an incomparable outlet for women who serve as in-house counsel across the country to discuss pertinent issues that affect their companies. Whether learning and discussing substantive legal matters or attending workshops that focus on professional development, GCI ensures that attendees are gaining insight and knowledge throughout the two-day conference.

But what really makes GCI unique is the inclusive atmosphere of the conference. Attendees range from General Counsel from Fortune 500 companies to in-house counsel for smaller boutique companies, all intermingling and providing valuable insight in a relaxed, friendly, and collaborative setting. The approachability of the speakers, as well as the attendees and organizers, encourages everyone to excitedly anticipate the conference each year.

The mission of National Association of Women Lawyers (“NAWL”) is to provide leadership, a collective voice, and essential resources to advance women in the legal profession and advocate for the equality of women under the law. NAWL was founded in 1899 by a group of eighteen (18) women lawyers in New York City and originally called The Women Lawyer’s Club (“Club”). In 1915, women’s suffrage became the first major project undertaken by the Club. Three-time Club President, Olive Scott Gabriel, argued for women’s voting rights across the country. Four years later, Congress passed the 19th Amendment to the United States Constitution, prohibiting any United States citizen from being denied the right to vote on the basis of sex. The Club’s membership mobilized to work for ratification by the states. It also worked consistently on social legislation – including child labor laws, minimum wage, divorce and marriage laws, the right for a woman to keep her name after marriage, and the right for women to serve on juries. In 1923, due to increasing nationwide membership, the Club became the National Association of Women Lawyers. That same year, it held its first national convention in Minneapolis with Chief Justice William Howard Taft.

In 1935, NAWL became one of the first national organizations to endorse the Equal Rights Amendment (“ERA”), first introduced to Congress in 1922. The ERA became one of NAWL’s highest priorities for the next several decades. In 1943, NAWL became an affiliated organization of the American Bar Association. It led the creation of opportunities for women to serve in the military and had more than 150 of its members serving in the Woman’s Army Corp., Women Accepted for Voluntary Emergency Service, and the Marine Corp.’s Women’s Reserve. In 1952,

NAWL drafted the Uniform Divorce Bill, calling it “the greatest project NAWL has ever undertaken.” In 1972, Congress passed the ERA and NAWL members embraced this victory by seeking ratification of the amendment by the states – a feat that would take until March 22, 1984 when Mississippi ratified it. In 1985, NAWL began granting membership to male applicants.

Two decades later, the then Immediate Past President of NAWL, Stephanie Scharf, now a partner at Scharf Banks Marmor LLC, founded the General Counsel Institute (“GCI”). Scharf targeted the meeting to senior corporate counsel who had the goal of advancing to the role of chief legal officer. She recognized the need for in-house attorneys to build top-tier professional and management skills in a supportive and interactive learning environment and to learn from experienced officers and directors about the points of pressure and success for general counsels. Together with NAWL President Lorraine Koc, then General Counsel and EEO Officer at Deb Shops, Inc. (now Senior Counsel at SugarHouse Casino) and NAWL President Elect, Cathy Fleming, then a partner at Edwards and Angell, LLP (now a partner at Fleming.Ruvoldt PPLC), Scharf quickly formed a planning committee which consisted of themselves, as a well as Carole Basri, then adjunct professor at University of Pennsylvania School of Law (now adjunct professor at Fordham University School of Law), Caroline K. Cheng, then Management Principal and Associate General Counsel at Deloitte LLP (now General Counsel at PricewaterhouseCooper LLP), Dorian Denburg, then Chief Rights-of-Way Counsel for BellSouth Corporation (now Executive Director- Senior Legal Counsel for AT&T Services, Inc.), Michelle Speller-Thurman, then a partner at Jenner & Block (now Division Counsel at Abbott Laboratories), and Betty-Lynn White (now an Adjunct and Area Chair for the University of Phoenix and Adjunct Professor at Albertus Magnus College). The Committee arranged plenary and workshop sessions to foster frank discussions about what it takes to be promoted and provide the means to improve skills and knowledge in a collegial atmosphere. They developed an innovative CLE program with opportunities to learn and network with other senior legal and business professionals and featured speakers Peter Harvey, then Attorney General of New Jersey, Catherine R. Kinney, then Co-Chief Operating Officer of the New York Stock Exchange, and Carol Robles-Román, Deputy Mayor, New York City. GCI met with rave reviews!

This year’s GCI will feature keynote speeches from accomplished General Counsel and business leaders who will focus on discussing their successful career paths, as well as providing advice and tips on how attendees can do the same. Keynote speakers will include:

  • Teresa Wynn Roseborough, Executive Vice President, General Counsel and Corporate Secretary, The Home Depot U.S.A., Inc.

  • Monique Svazlian Tallon, CEO & Founder, Highest Path Consulting

  • H. Gwen Marcus, Executive Vice President, General Counsel, Showtime Networks Inc.

  • Lauren Stiller Rikleen, President, Rikleen Institute for Strategic Leadership

  • Karen Hough, Founder & CEO, ImprovEdge, LLC

Through programs like GCI, NAWL has been empowering women in the legal profession and cultivating a diverse membership dedicated to equality, mutual support, and collective success.

For further information and to register for GCI 12, go to www.nawl.org/GCI12.

ARTICLE BY Eman Ahmed-Fakhry of National Association of Women Lawyers
Copyright ®, 2016 National Association of Women Lawyers

Learn about Leadership Development and Legal Marketing, November 14-15

Join LMA and Lead Star™ for the inaugural leadership development experience for the legal marketing industry. The program incorporates current research with experiential activities, providing legal marketing professionals with a unique perspective on their personal leadership style and tendencies.

LMA Leadership Development

When: November 15-16, 2016
Where: LMA Headquarters, 330 N. Wabash Ave., Chicago, IL 60611

Learn more about the value of your leadership experience with Lead StarLeadstar LMA Leadership Development and prepare for take-away benefits including:
  • A personal assessment of leadership style and its impact on their ability to achieve results
  • Individual leadership coaching sessions to support implementation of lessons
  • Access to online learning resources and social exchange with cohort participants
  • Development of a Personal Action Plan to guide participants in achieving next-level success
  • And much more!

Attend NAWL’s General Counsel Institute – Pathways to Success

NAWL Logo General Counsel InstituteSuccessful people share common characteristics that drive them on their road to success, including keeping a positive mindset and being comfortable taking on new challenges. No matter what your definition of success is, the National Association of Women Lawyers’ Twelfth General Counsel Institute offers a roadmap for getting to where you want to go.

 

When: November 3-4, 2016

Where: Crowne Plaza Times Square Manhattan, NYC

Register today!

In today’s ever changing legal landscape, we invite you to advance your career by securing success through agility and creativity. Gain insight into the hottest topics in the law. Acquire knowledge or enhance your proficiency about the most talked about labor and employment matters. Take a deep dive into today’s regulatory and compliance issues. Tap into technology and embrace the challenges and changes that accompany this ever-evolving area of the law.

At GCI 12, you will be asked to think outside the box and blaze your own trail of success by articulating your own vision, laying your own foundation, and growing both personally and professionally. Through powerful stories, substantive legal workshops, and GCI’s unique open exchange of ideas, GCI 12 will empower you to embrace opportunities with agility and creativity and gain leadership skills and business acumen on your pathway to success.

Business Development for Attorneys w/ Barry Gardiner [PODCAST]

New Jersey tax lawyer Barry Gardiner has built his business from the ground up and provides other lawyers with tips and tools to build relationships and engage in effective business development for attorneys in this podcast with legal marketing guru John McDougall.

John McDougall: Hi, I’m John McDougall and welcome to the Legal Marketing Review Show on National Law Review. Today my guest is Barry Gardiner, founding partner of the Barry Gardiner Law Firm in New Jersey and New York. Welcome, Barry.

Barry Gardiner: Hi, how are you?

Getting Started as an Attorney

John: Yes, very good. How did you get started as an attorney?

Barry: How did I get started as an attorney? That’s a long story John. My senior year in college, my college roommate said to me, on a Monday or Tuesday, “What are you going to do after you graduate?” I said, “I have no idea.” He said, “Well, I’m taking the” — they called them the law boards in those days — “on Saturday morning. Why don’t you go?” So I went, and I took the boards, and I did well and eventually decided to go to law school and went to Rutgers Law School. After I graduated, I took a job with, believe it or not, a negligence firm in New Jersey where I tried a lot of negligence cases for about a year-and-a-half, which I really didn’t like because it was only a question of who went through the stop sign or who didn’t go through the red light and who did and everybody lied, and that was no fun.

I decided since I was a business major in college with the Bucknell University in Pennsylvania to go into tax law, which I decided I had an aptitude for and then something which I enjoyed. I decided to take a New York bar because that’s where all of the good tax work seemed to be with sophisticated companies, Fortune 500 companies, et cetera. What I did was I took a job with an accounting firm in their tax department for a year and enrolled in NYU Law School for a Masters in Taxation, which is one of the better law schools from that program in the country. I did that at night for three years, and then I took a job with a law firm in Manhattan and became a partner there after two or three years. We had about a 20 man tax firm; it was a tax boutique and we represented a lot of wealthy, high-net-worth individuals. A senior partner in our firm had a client who was a chairman of the board of that 10 or 12 interlocking public companies.

I began to do that kind of work and did a lot of public company work for these companies and their subsidiaries, which included everything — international transactions, mergers and acquisitions from a tax standpoint, planning everything, and I was a partner there for about 13 years. Then in the mid ‘90s, we had some downturns because of the economy and a couple of partners left and the firm started to fall apart a little bit. I decided to take my clients, and I had some at that point, not a lot but some, and start an individual practice of my own in Northern New Jersey which is where I lived.

John: About what year was that roughly?

Barry: ’92, around ’92 I’d say.

Branching Out into a Solo Practice

John: How did you learn to get your clients through that though? That sounds it’s a very daunting task, and you’re going out on your own.

Barry: It was a daunting task, and I had a daughter at that time who was starting college, and it was a little bit scary. But because of the nature of the tax work that I did, I had a number of relationships that I had established with CPA firms, life insurance agents who were selling insurance in connection with estate planning, which is something I was also doing and I basically took those connections that I had and built on those. I had several very strong relationships where I began to get most of their work. That’s basically the way I started my firm. It’s very unusual if you look around — whether it’s in New Jersey, in New York or wherever — for somebody who does the kind of work that I do, which is pretty highly sophisticated tax planning [work for corporations] as well as individuals who are out on their own. Most of the work, at the level that I do, is pretty much done by larger firms; anywhere from 50 to 100, or 300 lawyers where they have tax departments. But what happened was I began to work with these networking connections that I had and was able to build on those. Then what happens after several years, maybe three or four years, a lot of that work becomes sub-generating — in other words, through referrals and other clients who are coming in through your existing clients. At the same time, what I was doing was building additional relationships with other CPA firms, financial planners, and life insurance agencies. I had a number and still have a number of very good connections with MassMutual agencies, Security Mutual agencies, et cetera. That’s basically the way it got built.

Important Aspects of Legal Business Development

John: What would you say is the most important aspect of business development?

Barry: I think for somebody who’s in a smaller firm, I found that a lot of larger firms don’t do personal service and attention to their clients, which clients seem to resent substantially. I’ve always sort of made it a number one point to [offer personal service]. For example, if I get a telephone call from a client, and I can’t take it, I’ll always return that call at the end of the day. Or if the call comes in at the end of the day, by noon the next day, unless am tied up in meetings or something, and if I am, I’ll then have my secretary get back to the client and let them know, or let them tell us what’s a good time to get back to them, which clients appreciate.

It’s like if you go to a doctor, and you leave a message for the doctor, you don’t want to wait 24 hours or have to call the doctor back, you want him to call you back, because that basically shows that he cares. I want my clients to know that I care about them, rather than their just being a number, which many of them feel left out with these larger firms. Because all these larger firms have big clients, and in many cases, [they’re] smaller guy. When I say, ‘small,’ I’m not talking about a guy who is worth a small amount of money, but somebody in the relative scale who’s not worth what these big Fortune 500 companies are worth, or even wealthy clients who are worth $25 million and up. Everybody wants to feel important, and I’ve always tried to do that, whether the client is worth $100,000 or $50 million, it doesn’t matter. I don’t know if that answers your question.

How to Begin Building Client Relationships

John: Well, yes. It answers part of it. That’s a great way to build relationships and build on relationships with clients. What about first getting the client? How do you get relationships to begin with? Or how do you build relationships through networking or other ways that then turn into clients that you can then service with more attention to detail than a larger firm? How do you plan to see to get those new relationships?

Barry: Well, again, through other professionals, CPAs, financial planners, [and] other attorneys who don’t do this kind of work. I may call one, for example, in a matrimonial matter, or a commercial real estate matter, or litigation [matter] to basically get out there and meet people. I’m not one to join organizations like the Chamber of Commerce, or other organizations.

You are all here for the same reason, you are all here to get business, and that never really appealed to me. But I think the best client is a client who appreciates your work [and] who is going to give your name and number to a friend or a family member when they have a need, and they’re looking for somebody doing basically what you’re doing. Most of the clients I have are clients that I’ve kept for 15, 20, 25 years. I’ve lost very few clients. I actually, at this point have about 400 original wills, which I have at a safe deposit box at a Local Banking Institution, where I’m holding those wills for clients who may have copies which I’ve given them for their own reference.

John: Yes, that’s a great testament to many years of building those relationships. It sounds like in your line of work, you have to start, if you want to build a firm through business development, as opposed to internet leads and other types of sales marketing tactics. In your case, it’s a lot of building network partners or referral partners, as you mentioned. Then, when you get clients, turning those clients into very happy customers where you’re servicing them with a great level of attention and hand holding. That level of service turns them into referral partners of their own but those are the retail, those are the actual clients as opposed to an insurance company or a financial planner.

Barry: Correct. I think if you look at a lot of lawyers, I’m taking the liberty to say this, are unhappy in what they’re doing. They find it very stressful, very time-consuming, and this is the reason that a lot of lawyers have matrimonial problems, drinking problems, et cetera. Because, when they go to work every day, they are arguing an adversarial all day long. They’re arguing with other lawyers.

John: For a living. Right.

Barry: It takes its toll on you. Doing what I’m doing, I have been blessed because I don’t have that. The work that I do is basically with clients who come in with huge problems, who need to sort through those and come out at the end of the day with a plan, or a solution to what they’re doing. It’s a service to the clients, rather than an adversarial thing with other lawyers where unbearably, everybody is fighting with one another trying to get the better hand. I think it probably shows on the kind of work that you’re doing that you go to work every day, and you’re pretty enthusiastic about it. For example, the 400 wills that I have in the vault, eventually those are going to turn into an estate. Unfortunately, people die and families need help. It’s very rare unless somebody has moved away for example, to Florida; that while you’re holding an original will, they’re not going to ask you to handle the estate.

There are clients who move, and I don’t even know they may have moved out of state. I’ve had some clients that moved to places like Costa Rica, and those clients you lose basically because you’re geographically separated. But for the most part, once you have a will, you’re representing the family, and the family stays with you if they have confidence in you. You’ll wind up helping them through all of the intricacies that go into administering an estate, and getting everybody what they deserve, and paying in the littlest in estate taxes as possible. It’s one good aspect of doing the kind of work that I do I think.

Lead Regeneration for Estate Planning

John: Interesting. If you want to do lead regeneration for estate planning, one of the ways to do it is to get the wills first?

Barry: Right, but I’ll always ask a client, “Do you want me to hold the will, so you don’t have to worry about it?” A lot of clients want to hold it because they just feel like they need to control it somehow and not lose sight of it. In which case, I’ll either put in a safe deposit box, or in a fireproof safe in their home. But I would say, most clients — maybe 70-30, want you to hold it for them. Once they do it, it’s done, and they forget about it until something terrible may happen in the family. What I try and do also is every couple of years when the tax law changes [contact the families]; [for example] Federal Estate Tax exemption has gone up from $600,000 to $5.4 million per person since I think was the end of Bill Clinton’s term or the beginning of George W. Bush’s term.

John: That’s quite a change.

Barry: That’s quite a change, and it does require a lot of different planning because there are ways to take advantage of those exemptions. That’s a whole story for another day. What I’ll do is send out letters to clients periodically every couple of years telling them the importance of coming in at least for a review update to make sure that they’ve taken full advantage of the tax laws.

John: That goes right back into keeping that relationship strong as opposed to just throw that will in a safe deposit box and forget it. You’re going to dust it off and make sure that your clients are aware of the potential changes and keep in touch.

Barry: I’m going to try and dust it off. A lot of clients get the letter, and they read it and then they put it in a desk drawer somewhere they don’t follow up through. There’s nothing I can do about that. I can only make the initial reproach to them.

Business Development System

John: Well, you’ve focused on relationships and then what about a system? Do you have a business development system or process, certain times a day or a week that you set aside to do new business to keep growing your firm?

Barry: No, I don’t do that. At this point it grows itself.  What I will do is I will basically make one stage several times a month with professionals who I want to stay in touch with and just to keep the contact. I want to be friends with all of my professional contacts; I just don’t want to be unprofessional. One of the things I always do, I always tell my clients not to call me Mr. Gardiner, to call me Barry. I have very few clients that call me Mr. Gardiner. I want it to be personal, and I usually call clients by first name, and I think it makes a big difference. There’s nothing that somebody likes more than to be called by their first name.

About 30 years ago, I took that Dale Carnegie course and one of the big things they said is that, “Everybody wants to feel important, and the way they feel most important is if you remember their name.”

John: Right, yes.

Barry: This is seen if you haven’t seen in two years where you met once or twice, and you remember their name, you are telling them that, “You are important to me.” I always try and do that.

John: Yes, now that’s great.

Barry: By the way . . ..

John: Yes, go ahead.

Barry: I forgot your first name, what’s your first name?

John: [laughs] Reginald.

Barry: John McDougall.

John: John McDougall. My father owned an advertising agency, and he always taught me, “It’s all about building relationships to grow your agency,” and it’s amazing. What you’re describing is very similar to his process. He would take people out sailing. My uncle who owned the agency with him would take people out golfing, and he wanted to get to know people. But you’re an attorney that’s just getting into the internet more; you’ve had a website for a long time, but you’re just starting to get a little deeper into it. Well, what a testament to building your business with very little help from the internet. You’ve had a website to give you some leads but hasn’t been the focus. But it’s hats off to you for using essentially regular lunch dates, talking on a first name basis with all of your customers and even just doing a few of those a month, you’re able to have enough business. Well, you’re in great shape. That’s pretty amazing. Those old school new business development tactics are just tried and true. Now you’re adding the internet to that [and that] is certainly a good thing. But what about other tips for maybe especially younger attorneys trying to do new business development?

Business Development for Younger Attorneys

Barry: Well, it’s very tough. When I was with my firm in New York, starting as an associate and then becoming a partner, I didn’t really have to develop new business because we had so much work, especially from the public companies that I mentioned before, that there was really no need. There was one rainmaker in the firm, and he developed most of the business with these public companies. The other guys in the firm, really we didn’t have to do it. When I went out on my own, after the firm, and by the way, that firm eventually did dissolve, it splintered, and the guys went in different directions. But when I went out on my own, I had to start from scratch. I did have some clients that I took with me, but fortunately I did have some of these professional relationships also.

I would say that it depends where the young attorney goes. If he does go to a bigger firm, it’s always good to develop personal relationships that can lead to business, because if and when he ever leaves, you don’t want to leave yourself out in the cold completely, you want to have some business to fall back on. If you do go out on your own to start with, you should have some business, maybe family business to get you going and then just start to develop as many professional relationships as you can with people who may be helpful to you in whatever field you’re in.

John: That’s amazing. It’s relationships [that are] number one. Again, I go back to my father teaching me to grow my own agency after working for him in the ‘90s and leaving McDougall Associate Advertising in 1995 and starting my own firm. I had to just hustle and go build it up. It’s all about relationships, as what he would always say, and basically, your foundational strategy is, “Build those relationships.” I love the first name tip, and I’ve read some Dale Carnegie work, [it’s] amazing stuff and that stuck with me as well. Remember people’s first name and there’s something in it about calling a person by their name that’s just a bonding experience.

Barry: You could go to the best law schools in the country, you could go to Harvard, you could go to Yale, but that doesn’t mean you’re going to be a successful lawyer. If you’re going to work with people, people have to feel comfortable with you. They don’t want some genius who doesn’t know how to relate to them, who they can’t talk to on a one-on-one basis in a very comfortable way. It’s making people feel comfortable in your own presence, and maybe you’ve got to feel comfortable in your own skin and take what you learn in your personal life and bring it into your practice and treat clients like people, not like numbers or dollar signs.

John: Those are great tips, Barry; great new business and business development ideas and tips. How can people get in touch with you?

Barry: I have a website, bgardinerlaw.com. My telephone number is 201-678-1323.

John: That sounds great and great speaking to you today, Barry.

Barry: You too, John, and be well.

John: Yes, likewise. Check out legalmarketingreview.com, as well as National Law Review at natlawreview.comfor more information and interviews on legal marketing. I’m John McDougall and thanks for listening.

ARTICLE BY John McDougall of McDougall Interactive

© Copyright 2016 McDougall Interactive

Learn about Leadership Development and Legal Marketing, November 14-15

Join LMA and Lead Star™ for the inaugural leadership development experience for the legal marketing industry. The program incorporates current research with experiential activities, providing legal marketing professionals with a unique perspective on their personal leadership style and tendencies.

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When: November 15-16, 2016
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Networking Pitfalls- Falling for the Wrong People

effective networking, law studentsOver the past 10 – 15 years there has been a dramatic increase in the number of people actively focusing on networking. Increasing competition, along with more widespread attention on building a strong network, is encouraging lawyers to flock to networking functions in droves. However, this can be an especially difficult challenge for an attorney to simultaneously balance the billable hour with a devotion to developing a book of business.

To help drive your efficiencies with networking, I’ve categorized business networkers into three groups. In addition to identifying which group you might belong to, it’s important to quickly identify which group others fit into as well. Detecting which group the person you’re speaking with falls into can make or break your results when networking.

Networker Type 1: The Taker

A “Taker” is an individual who attends numerous events and racks up an imposing collection of names and business cards as a way to push appointments and close sales. Unfortunately, these sometimes-aggressive creatures can burn enough people that word “gets around” and ultimately helps to dissolve their reputations. You may even start to observe people physically positioning themselves away from a Taker at consecutive events. Although avoidance seems an appropriate strategy, the Taker should not be dismissed outright. For some people, simply obtaining new sales (however generated) is and always will be their focus.

Perhaps a compassionate view toward seemingly aggressive Takers is the best way to view them. After all, many entrepreneurs require sales quotas of their employees to retain their jobs as a strategy to keep the business viable. Some Takers simply haven’t been taught the art of networking, or are confused on how best to utilize networking in order to achieve long-term results.

That being said, if you can detect a Taker early on at an event, try to avoid the next step: the one-on-one meeting. This is where you schedule a time to meet for coffee or lunch after the initial networking event where you met with a potential business connection. If you find yourself inadvertently ensnared in a meeting with a Taker, this meeting can make for a rough few hours consisting of a sales pitch for the Taker’s product or service, whether you have a need for it or not. It could also turn into a “name grab” by the new acquaintance for the names of your contacts so that he or she can make a sales pitch to them. Run, don’t walk to the nearest exit. We’ve all been there and it’s not fun.

Networker Type 2: The Apparent Giver

The Apparent Giver is the most common networker type. Apparent Givers are those people who, sometime during their careers, have heard and taken very much to heart the concept that “givers gain” or “give to get” as a mantra relating to networking. They believe they understand how to network and think of themselves as major players in the networking game, but often they miss the boat on the important component of follow-through.

Where Apparent Givers stumble is in failing to execute the promises they’ve made to new contacts in an effort to gain their trust. While an Apparent Giver may actually have altruistic intentions in the beginning, promises are worthless if the networker doesn’t follow up and carry out the pledge made to the new contact. Some Apparent Givers become too distracted by other commitments and simply forget to act on their earlier promises. Some with less philanthropic motives may drop the ball when they realize the new contact may not be able to immediately reciprocate. For most people in this age of information overload, if something isn’t scheduled and written down, it probably won’t happen.

The most obvious downside to turning into an Apparent Giver is that failure to follow through will tarnish your reputation if you come to be viewed as someone who doesn’t act on a pledge to a new contact. On the receiving end of the networking exchange, Apparent Givers present a distraction from your ultimate goal of disqualifying this contact type as a potential strategic partner due to empty promises.

Networker Type 3: The True Giver

The ultimate networking aspiration is to become a True Giver and to seek to interact with others of this type. True Givers understand the “big picture” when it comes to networking. This networker’s mantra is “I’ll give selflessly, regardless of what’s in it for me personally.”

As a busy attorney, you’re probably concerned with the amount of time it would take to help everyone you encounter. Even if you had only five short coffee meetings in a month, it might be problematic to then make one quality introduction for each. That’s why being a True Giver has to be balanced with a deliberate process.

First and foremost, remember that you don’t have to meet with everyone you encounter at a networking event. Try to qualify the best people for you to meet and possibly refer to another connection and then focus in on quality connections.

Second, don’t feel obligated to promise referrals for every person you meet. Not everyone is worthy of your “endorsement” by way of an introduction to another one of the contacts you’ve nurtured. It’s fairly easy to disqualify Takers and industry non-experts as people not to make pledges to or introduce to others.

Finally, while of course the Golden Rule tells us we should be nice to everyone, you should focus your networking energy on helping those people you identify as True Givers and those who appear to have the ability to be a strong strategic partner over the long haul. If time is money, then let’s invest time, energy and referrals on the true givers with whom we can have a long-term reciprocal relationship.

ARTICLE BY Steve Fretzin of Sales Results, Inc.
Copyright @ 2016 Sales Results, Inc.