332 posts categorized "Tips for Lawyers"

August 26, 2015

Business development best practices: Don’t stop

Selling is a numbers game.

New life insurance agents are sometimes taught the “100/10/3 formula:” You must approach one hundred people to get 10 appointments and three customers. The exact numbers will be different for lawyers, but in any kind of selling you must approach a large number of prospects in order to get a small number of sales.

In his book 101 Marketing Strategies for Accounting, Law, Consulting, and Professional Services Firms, Troy Waugh (p. 227) talks about the need to “succeed by failing more:”

All advertising, public relations and direct mail programs have failure rates (non-response) that exceed 95%. But the one to five percent success can create excellent leads and pay for all your efforts.

Fortunately, the numbers are not quite this high for most professional service firms. At McKinsey & Company, one of the most successful consulting firms in the world, every director in the firm is responsible for marketing, using the “2/4/8 rule:” constantly work on two assignments, four proposals, and eight new prospects. McKinsey does not have an internal marketing department, because they recognize that all senior staff are responsible for marketing.

It can take significant time to build relationships with all these people, and the best way to build relationships is with face-to-face meetings. When Don Schrello analyzed data from McGraw-Hill, Cahners, and other sources regarding face-to-face selling for both goods and services, he found that over eighty percent of the time, sales professionals require at least five face-to-face meetings to close a sale.

In the SPIN® Selling Fieldbook (p. 42), Neil Rackham’s data on major account sales are even more daunting: “Fewer than 10% of calls actually result in a [decision of] an Order or No Sale.”

Add all these facts together, and it becomes clear that finding new clients takes an enormous amount of persistence, and the ability to shrug off rejection, week after week. As Mike Bosworth put it in Solution Selling (p. 83), “Sales always has been and always will be a numbers game—no matter how good you become, not everyone will buy from you.”

The fact that you will be dealing with large numbers means that you will need to be organized and systematic in managing your interactions with all these prospects.

According to Jim Cathcart in the book Relationship Selling (p. 100), “The way to recognize a true sales professional is to look at what he or she does after the sale.”

In every industry, it is far more expensive to win business from a new client than from an old one. Even if there’s no more money for you in this year’s budget, next year’s budget is just 12 months away or less.

Think about what you might do to stay top of mind with each client, from newsletters to personal updates.

Cathcart suggests keeping in touch with everything from clipped magazine articles to handwritten notes, and a regular account review to uncover both satisfaction and dissatisfaction. Publicize the positive, and fix the negative.

And when you lose a sale, keep in touch with those people too. If you find ways to help people, they will remember you, they will come back to you, they will tell their friends, and sooner or later some of them will buy.

The key to long-term selling is “don’t stop.” Look past today’s victories and losses, and focus on building relationships that will be the foundation of your long-term success.

And on the inevitable days when progress feels slow, give yourself a pep talk about the fact that sales is a numbers game. If you knock on enough doors saying the right thing, your share will open.

As Calvin Coolidge famously summed it up:

Nothing in the world can take the place of persistence.
Talent will not; nothing is more common than unsuccessful men with talent.
Genius will not; unrewarded genius is almost a proverb.
Education will not; the world is full of educated derelicts.
Persistence and determination are omnipotent.
The slogan “press on” has solved and always will solve the problems of the human race.

This post was adapted from my book the Legal Business Development Quick Reference Guide.

August 05, 2015

Tip of the month: Ask every client about their communication preferences

At the beginning of each matter, ask the client how often they want to be informed of your progress and the best way to provide this information.  One client may prefer formal monthly reports, another may want informal emails only when issues arise, and a third may be comfortable only with regular phone calls or even face to face meetings.  The client is always right, and keeping in touch the way they prefer will go a long way toward increasing client satisfaction.


The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. More information about this tip appears in the third edition of my Legal Project Management Quick Reference Guide.

July 01, 2015

Tip of the month: Assess risks to the schedule and budget

At the beginning of each significant matter, reduce the risk of delays and budget overruns by spending a little time brainstorming these questions:

  • What could possibly go wrong that would increase the cost, delay the matter, or decrease client satisfaction?

  • How likely is this to happen?

  • How serious would the impact be if it did happen?

  • Which risks should I plan for in advance?

The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. Sample risk analysis templates and related information appears on pages 106 to 109 in the third edition of my Legal Project Management Quick Reference Guide.

June 03, 2015

Tip of the month: Stay within budget by estimating earned value

Project managers use the term earned value to refer to the percent of a budget that has been earned to date.  For example, if it is important to stay within budget, then when you have completed 50% of a project you should have spent no more than 50% of the money.  There are many ways to measure earned value, but for most lawyers a simple intuitive estimate is best.  Every month or so, simply ask yourself what percent of the work you’ve completed, and compare that to the percent of the budget you’ve spent so far.  If you are overspending, negotiate a change of scope with the client and/or come up with a plan to reduce spending in the future.

The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. More information about this tip appears in the third edition of my Legal Project Management Quick Reference Guide.

May 13, 2015

How to solve delegation problems

A guest post by Gary Richards


Talented lawyers are sometimes bypassed for future assignments because they slipped a little on work that was delegated to them in the past. Partners may sometimes solve the problem by deciding to not put them on future assignments rather than giving them corrective feedback from which they could benefit.

For example, consider the following scenario: You have a competent set of lawyers and paralegals working with you on an important matter. However, one of the more legally talented members of the team has recently been coming in late with assigned tasks, or has not done it exactly as assigned, or both.

He always seems to understand exactly what you want when he accepts the task. After handing off a task, you always seek confirmation that he understands by asking questions like, “Do you have any questions?” or “Do you understand exactly what I want and when?” He always assures you that he has “got it.” Yet there is a recent pattern of incompleteness and lateness you would like to avoid in the future.

You are reluctant to complain to him because you know that he is quite busy working on other matters for other partners. By and large, his work quality is good and clients like him. You also don’t want to seem dictatorial when you hand off work for fear of insulting him or demotivating him, because you could really use his help if only he were accurate and timely.

However, unless this situation improves, you are considering not assigning him to any future work that is deadline-sensitive or has nuanced issues requiring significant attention to detail. That way you would save time dealing with his performance problem and wouldn’t have to waste your time coaching him on how to improve. You believe that any intelligent and experienced matter team members should do what he says he will do, on time. After all, you don’t recall anyone ever having to pressure you to correct your lack of detail or timeliness.

This is a fairly common situation. Unfortunately, deciding to save time by not assigning him to future matters is also fairly common. But it is a costly and shortsighted solution to deprive the offending lawyer of needed coaching. Furthermore, taking that approach would mean failing your responsibility as a partner to provide professional development of those working on your team.

The tension in this situation stems from your natural preference to avoid conflict, compounded by not knowing how to ensure clarity at the moment of handoff.

A better solution is grounded in two simple concepts: tactfully require people to repeat your instructions, and schedule a mid-point review.


Tactfully require people to repeat your instructions

When you encounter a performance problem like the one above, the best first step is not to ask “What is wrong with him?” Instead, ask “What can I do differently?” The truth is that getting work done on time, as expected, is usually much more dependent on how the work is handed off and monitored than it is affected by a flaw in the recipient.

The usual solution to this situation is to do a better job finding out exactly what he actually understands to be required and by when, no matter how well you think you have presented it. Simply asking a question like these will not uncover true understanding:

  • “Do you have any questions?”(Not really.)
  • “Is it clear what I need?”(I think so.)
  • “Do you understand exactly what I want and when?”(Sure, I’ll get right on it.)

Even if they are less than certain of the details, most people are not comfortable admitting that they are unclear or confused, especially if you outrank them. So those kinds of questions usually do not learn what it is they actually understand.

He may even demonstrate rapt listening and industrious note taking as you describe what you want, all creating the illusion of clear understanding even though some details may be missed. It is likely that the listener believes that he does understand it, because he is clear on what he thinks that he heard.

There is only one way to know for sure what he understand: Have him immediately repeat his understanding of your instructions so that you can compare what he says to your intended instructions. Such a request to repeat instructions received is rarely made because it could be taken as an insult to his ability or a veiled accusation of inattention. But there is a skillful way to request that instructions be repeated without being insulting or accusatory: Format the question as an “I” message, not as a “you” message.

Faulty way to request feedback of instructions (insulting and accusatory “you” message):

­Please repeat what I said so I can tell whether you got it all correctly.”

Effective way to request feedback of instructions (non-insulting and non-accusatory “I”):

“That was a lot of detail, Bob, and I described what I need pretty quickly. Would you mind repeating for me your understanding of those instructions and timing so that I can see if I said it clearly?”

As you listen to his repetition of your instructions, you can compare it with what you intended. In effect, this way you are comparing what is in his brain to what is in your brain. If you hear an omission or misunderstanding, you can immediately say, “What I meant to say was…” and provide the correction, possibly rephrasing it more clearly or in a different way to highlight its importance. It doesn't matter whether you did say it correctly the first time or not. What does matter instead is to correct the misunderstanding immediately, not to assign blame for the misunderstanding by saying something like, “No, you have it wrong.”


Schedule a mid-point review

Once it is established that the instructions are understood, the next thing to help ensure performance is to schedule a follow-up midway through the duration of the task. You have a right, even an obligation, to follow up to ensure that the work is on schedule, especially if there have been past problems with timely performance. Get agreement at the time of hand-off as to when you will follow up midway, and why. Unscheduled follow-ups like, “How are you doing on….” will appear that you don’t trust him. Also, he may have work appropriately scheduled on the task at a time closer to the deadline than when your surprise follow-up occurs, causing your question to be an unfair irritation that results in no information.

Instead, it is much better at the time the task is handed off to schedule a time-certain mid-point follow up. For example, if you hand-off a task on Wednesday and the deadline for completion is the following Tuesday by noon, say something like this: “How about I touch base around 10:30 A.M. Friday to be sure that you have everything you need and see if there are any questions?”

When a mid-point follow-up time like that is agreed upon, several things are put into play:

  • It becomes more likely that the doer will be further along in their work on the task by the follow-up time of Friday at 10:30 than if no follow-up had been scheduled
  • With that stated reason for the follow-up, the doer understands that it is to be a helpful event, not a sign of mistrust
  • You avoid having to interrupt the doer with “How are you coming?” whenever your anxiety compels you. Instead, you can relax until Friday at 10:30, knowing that you have plenty of time afterward to get things back on track if needed.

These two simple tactics can solve delegation problems, save you time by avoiding performance problems, and fulfill your obligation to constructively develop the skills of those working on your teams.

May 06, 2015

Tip of the month: Improve the way you manage your team

To provide clients with the value they are demanding, you may need to devote more time to actively managing the members of your team.  Start with these questions:

  • Who will have primary responsibility for completing each task on time, within budget?
  • Do they agree with your estimated schedule and budget for the task?  If not, discuss any differences of opinion before they begin the work.
  • Will they need any special help or support to successfully complete their assignment?
  • Should the team set up a regular schedule of very short meetings to assess progress and overcome any obstacles?


The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. More information about this tip appears in the third edition of my Legal Project Management Quick Reference Guide.

April 01, 2015

Tip of the month: Improve the way you plan activities at the start of every matter

Clients are demanding greater efficiency these days, and efficiency should start before each matter begins.  Instead of jumping right in, set aside a little time for planning and ask such questions as:

  • What deadlines will best align the client’s needs with the firm’s interests?
  • How can this large matter be divided into smaller sub-tasks which a single individual on your team could be responsible for?
  • Which tasks are on the critical path? That is, which tasks must be completed before others can start?

The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. More information about this tip appears in the third edition of my Legal Project Management Quick Reference Guide.


March 04, 2015

Tip of the month: Improve the questions you ask when you start an engagement

When I interviewed chairs and managing partners of AmLaw 200 firms for my book Client Value and Law Firm Profitability, they said that the single most important factor in LPM success was defining scope.  The simplest way to improve is by asking the right questions before an engagement begins, such as:

  • How do you define success or “a win”?
  • What business problem do you want to solve?
  • Are there strict budget limits?
  • What deadlines matter the most to you?

The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. More information about this tip appears in the third edition of my Legal Project Management Quick Reference Guide.

February 11, 2015

Business development best practices: Work with others

This is one of a series of occasional posts summarizing the most important best practices from my book the Legal Business Development Quick Reference Guide which is now also available in a Kindle edition.

Business development is difficult, and it helps to work with other people who provide support through the losses, and help you celebrate the wins. One way to do this is to form a business development group. It could be your entire practice group, a formal committee including people from your marketing department, or just two or three lawyers who meet for breakfast once a month.

Keep the agenda simple. At the first meeting, each person should commit to action items for the next meeting. Then at every subsequent meeting, go around the table and have each person report what they accomplished since the last meeting and what they have planned before the next one.

Working with a group provides social support, increases accountability, and leads to steady progress. No one wants to go to a meeting and report that they have failed to follow up on all their action items. The simple fact that you know you have a meeting coming up will help spur you to action.

The results can be summarized in a simple report after each meeting. The fact that a report is being circulated will create a friendly competition and increase compliance. Nobody wants to be the person who has all zeros in their business development report.

The most reliable systems often put a staff person in charge of collecting the data (say, every Monday by noon), and publishing the results every week at the same time (such as Mondays at 5). The report should never be delayed to wait for an individual’s results. This week’s missing data can be filled in next week. And the phrase “missing data” in the report will help to ensure that the information will be supplied, sooner or later. Ideally, the reports should start with a clean slate every few months. Without this fresh start, once people fall behind, they are likely to stay behind and just give up.

But whether you decide to have written reports or not, the biggest challenge here is to simply make sure you keep meeting. Life is sure to intrude with your meeting schedule, and it is easy for these meetings to fade away after a few misses. Therefore, it can be extremely useful to include a non-lawyer (e.g. your marketing person) who takes responsibility for reminding everyone of the next meeting, and do everything possible to maintain a quorum. In a nice way.

For many lawyers, an even better way to proceed is to work with a professional legal business development coach.

On the other hand, working alone may not be as good as working with a coach or a group, but it’s a whole lot better than doing nothing. If you are one of those rare individuals who will continue to follow-up through sheer self-discipline, go for it. The important thing is to find a system that works for you, and to sustain it over the long term.

February 04, 2015

Tip of the month: Be cautious about sharing budgets

When some lawyers begin developing detailed budgets, they get so enthusiastic about their new approach to estimation that they immediately show these drafts to clients.  This can lead to problems.  Some clients immediately start challenging the hourly estimates line by line and use them to negotiate the total price downward.  Others treat this preliminary budget as a fee cap and refuse to pay bills that exceed the initial estimate.

The implication is obvious: Most budgets should be limited to internal circulation for as long as possible. This is especially true for lawyers who are just getting started on detailed budgets and are still learning how to increase their accuracy.   Share budgets voluntarily only after you have developed a track record of accurate predictions, and only when you have a trusting relationship with a particular client.


The first Wednesday of every month is devoted to a short and simple tip to help lawyers increase efficiency, provide greater value to their clients and/or develop new business. This month’s tip was adapted from the third edition of my Legal Project Management Quick Reference Guide.