Question:
Our firm is a four attorney estate planning and probate specialty practice in Fresno, California. We are in our 15th year of practice. In addition to word of mouth referrals from past clients as well as referrals from attorneys and other professionals, seminars has been a major source of new business for the firm. In fact, for the last several years seminars has been our number one source of new client business. As a result of COVID-19 we are no longer conducting seminars and we have concerns that this is going to have a major negative impact on our business both now and even in the future after current stay at home restrictions are lifted. We would appreciate any thoughts that you may have.
Response:
While I don’t have a crystal ball I believe that you are correct in assuming that people are going to be guarded and less likely to want to attend such seminars after current stay at home restrictions are lifted. Even before COVID-19 we have been seeing a trend of more and more people preferring to receive information online. For several years now state bar associations have seen their online CLE attendance surpass attendance at live events. More and more college programs are being offered online – either partially or totally. Several years ago I began advising my estate planning/probate law firm clients to begin experimenting with webinars and many firms have being doing them very successfully and have had good results.
I suggest that you look at some of the webinar platforms such as www.gotowebinar.com, www.webex.com, and zoom.us/webinar. View videos from each product as well as their demos and sign-up for a service. Then attend the vendor’s online training for both organizer and attendee so you have a feel for both sides of the webinar tool. Customize settings for your firm and add you logo, etc. Plan the date for your webinar, decide on a topic, prepare your registration invitation, email invitations, prepare handouts, and prepare your PowerPoint. Generally you need more slides for a webinar than you do for a live presentation. Then practice and practice some more. You need to be comfortable both with the webinar tool as well as giving a presentation to a computer screen. I suggest that you have someone serve as your moderator that will introduce the program and the general program procedures, introduce you, review online questions as they come and read the questions to you either as they come in or at the end of the presentation (depending on how you decide beforehand to take questions), and close out the program.
I think you will find webinars a suitable replacement for live seminars and at a lower cost and time investment.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am a family law practitioner in the western suburbs of Chicago. I have been in practice for thirty years. I have two associate attorneys and two staff members. In the past I had other partners but that was many years ago. Over the last few years our business has been declining. Our financial performance last year was terrible and I made less than my associates. If this continues I may have to lay off an associate or two. Recently we have made some improvements to our website but I am not sure we have not done enough. I have noticed that more business seems to be coming from the website and less through referrals. I would appreciate any thoughts your may have.
Response:
We are finding that law firms that serve retail consumer clients in practice areas such as personal injury, family law, elder law, and estate planning are becoming more and more dependent on the internet for their business. Family law firms especially are becoming more dependent on the internet for business and a sound internet strategy and investment is crucial for success. This is especially true in the larger cities and metropolitan areas. Less business is coming from traditional referral sources and more from the internet. I have family law clients in your area that tell me they are receiving ninety percent or more of their business from the internet.
A few suggestions that you might want to consider:
I hope this helps and good luck!
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a twelve attorney litigation defense firm in Phoenix, Arizona. We have eight partners in the firm and I am a member of our executive committee. Yesterday at a partner meeting we were advised by four partners that they were leaving, would be starting a new law firm, and would be taking several key clients that they handle with them. A couple of associates and staff members will be going with them. What do we tell people and how do we go about it? You suggestions are most welcomed.
Response:
My first suggestion is to move very quickly otherwise the rumor mill will get started and rumors will get ahead of you. You must get in front of the message to all audiences. The remaining and the departing partners should meet immediately, come to terms and agreement with the message, and be prepared to answer the following questions:
I further suggest that you:
Situations such as this can be very stressful for all concerned. Try not to let your personal feelings cloud your vision and get in the way of a properly planned transition. There will be a lot of work to be done on the part of the remaining partners and departing partners. A well designed project plan will be helpful in managing all the tasks that will have to be handled and managed. The public relations should be at the top of the list.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a sixteen attorney insurance defense in Louisville, Kentucky. We represent approximately twenty-five insurance companies in property casualty and personal injury cases. We handle products liability and medical malpractice cases as well. Our firm is in second generation and all of the founding partners have retired. Virtually all of our clients were inherited and none of the existing partners have brought in any new clients since the founding partners retired eight years ago. While we are trying to do what we can to cultivate new clients we want to insure that we retain our existing clients and don’t have any client defections. Do you have any suggestions?
Response:
We have done numerous client satisfaction interviews with law firm insurance company clients. The category where most firm rank the lowest is understanding clients needs. For law firms one way of achieving a competitive advantage is to have a better understanding of the wants and needs of clients than does the competition. This understanding comes from an open dialog with your clients. In other words ask them.
Recently I had a law firm client who’s business was suffering due to the client’s operations shifting to adjacent states. The firm was considering an additional office location to serve these clients and was debating where and how to locate this office. I advised, why don’t we ask the clients. In our interviews we asked this question and the clients told us where their needs were and where to locate the office. It was not where the law firm was thinking of locating. Six months later a mini merger was done in the location where the clients advised us there needs were.
This is best accomplished by having an ongoing systematic structured client feedback system that tracks client preferences, desires, and requirements. Here are a few ways that this can be accomplished:
There are several articles on our website – see links below – that discuss client satisfaction survey programs and how to get started.
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Click here for our article on client satisfaction
Click here for our article on client surveys
Click here for our article on analyzing survey results
Click here for our article on developing your client service improvement plan
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Question:
I am a partner in a three partner five attorney estate planning firm in Seattle. While we have a very active marketing program we would like to do more. We try to do two presentations at seminars/workshops a month. We have a first class website and a proactive SEO program as well as an aggressive social media campaign. The firm is listed in all of the key directories. Our attorneys are active in the legal and local community and are or have been chairpersons on bar association committees and have written extensively and been published. While many of our clients come to the firm via referral from referral sources and past clients, we are noticing that we are receiving much more business from the internet. Recently we have been discussing whether we should consider using a public relations firm. We would be grateful for any thoughts you may have.
Response:
A public relations firm (or person) can be very helpful especially if your firm does not have a point person for marketing – a marketing coordinator, marketing director, etc. You have to decide how you will use such a person and what role you would like them to play. I suggest that you avoid the larger firms and stick with a smaller firm – a three or four person firm – or better yet might be a solo practitioner or freelancer. You might use public relations professional in the following ways:
Several years ago I retained a public relations firm for two years on a ten hour a month retainer. A few of their accomplishments included:
Our firm found such services very helpful and from what we learned from them we now are able to handle many of these tasks ourselves.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the managing partner of a twelve attorney family law firm in Kansas City, Missouri. We have been in practice going on thirty years. Over the last ten years we have shifted more of our advertising from print directories and advertising to the internet. Today virtually all of our work comes from the internet. While to some extent this has been a blessing it has also been a curse as we must continue to make investments in search engine optimization, update the website, pay to be included in online directories, etc. It is a vicious circle and we are losing business to new attorneys just starting out that are putting up first class websites and making online investments. I would appreciate your thoughts.
Response:
The internet as well as advances in information technology has and will continue to be the key driver forcing change in the legal marketplace as well as other segments and our daily lives as well. Shopping malls are disappearing from our communities and department stores are struggling for survival. Being the king of the hill or the biggest is not the strategic advantage that it once was. The internet is leveling the playing field in many industries as well as law firms. There are new opportunities and new competitors. Consider the following:
Challenges and Questions to Think About
Here are a few suggestions:
Even in the age of the internet expertise, professionalism, and reputation is important. Do all you can to convey this through your website and your initial communications with clients.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am new non-equity partner in a sixteen attorney firm in Phoenix, Arizona. My equity partners are telling me that I now have to do more than generate billable hours and perform quality work for clients. They now expect me to begin bringing in clients. I am not sure where to start.
Response:
I often advise attorneys that while what you know is important what you want to be known for is more important. Just having your name known is pretty useless unless it is known for something. An outstanding personal injury plaintiff lawyer – not just a good lawyer. In law firms it is the reputation for expertise that matters, not just the reputation. Therefore, a successful marketing program must project and demonstrate expertise. This can be accomplished in the following ways:
While biographies on the website are important, prospective clients and referral sources are looking for proof of expertise. Articles, authored books, presentations, and client testimonials provide such proof.
One of the best and reliable ways of providing such proof is the article. In a byline article, you don’t have to say that your are an expert – the fact that you wrote the article, discussing a particular legal topic, says it for you. Its your expertise on display whether the article be in a print publication or posted on your website, blog, or other location.
An article is one tool that you can use where you have control – you can say what you want to say and say it in your way. In most cases, if an article is acceptable to a publication, an editor won’t change the thrust of it.
For most legal and business trade journal publications that accept articles you do not have to be a well known writer to write an article that will be accepted by these publications. You simply have to know what you are talking about. Editors will help with the formatting, style, and syntax.
If you retain the copyright to your article you can re-purpose your article and use it on the firm’s website, reprints, firm brochures, and as a future chapter in your first book.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a seventeen attorney firm is San Diego. We are a boutique business litigation firm and we represent companies of all sizes. We represent several Fortune 500 companies. I am a member of our three member marketing committee and during our last meeting one of our members suggested that we consider a formal survey of our clients. What are your thoughts regarding client satisfaction surveys? Is this something we should consider?
Response:
Personally, I believe that if you represent institutional clients such as yours, that soliciting feedback from clients and acting on that feedback is one of the best marketing/client development investments that a firm can make. During a recent client satisfaction telephone interview with a corporate client of a law firm a client told me, “If our lawyers would pay just a little more attention to us, take us to lunch once in a while – without billing for the time . . .if they would treat us like they care … I’d give them all of our business in the entire state of California.” Statements of this sort are not at all uncommon in client satisfaction interviews. Of all investments of a firm’s marketing budget, none is as cost effective as a client satisfaction survey.
A law firm’s existing clients are important source of continuing and new business for the firm. The most efficient way to bring in business is to sell additional work to existing clients.
Surveying the firm’s clients is an effective method of monitoring satisfaction. It is the first step towards improving client relations and increasing revenue from the current client base. A well-designed client satisfaction survey can help a firm do the following:
For firms that represent institutional clients I believe that structured telephone interviews are the best survey method.
I have had situations where law firm clients have advised me that they had stopped sending files to the firm due to a relationship issue with a particular partner and the law firms, after being appraised of the issues, were able to resolve the problem and repair the relationship.
There are several articles on our website – see links below – that discuss client satisfaction survey programs and how to get started.
Click here for our blog on client service
Click here for our article on client satisfaction
Click here for our article on client surveys
Click here for our article on analyzing survey results
Click here for our article on developing your client service improvement plan
Click here for our article on tips for rewarding and recognizing employees
John W. Olmstead, MBA, Ph.D, CMC
Question:
I am a partner in a two partner personal injury firm in Tampa, Florida. We do not have any associate attorneys. Our firm only handles personal injury work. We have been in practice for thirty-five years and have been very successful over the years. However, the last few years have been terrible. Adjusters are not settling cases and the days of three times specials is over. Our case volume is down, the quality of cases that we have in our inventory is far below what we had in previous years, and our revenues are down substantially. Cash flow is awful. We have had to live off of our credit line for the past year. Our main source of business over the years has been referrals from past clients and other lawyers, yellow pages, and our very basic website. We would appreciate any thoughts and suggestions that you may have.
Response:
This is a common complaint that I have hearing from personal injury firms across the country. In some states tort reform is having an impact and insurance companies are getting harder to deal with. Extensive advertising by other law firms is having a major impact. Larger personal injury firms that are doing extensive television and other forms of advertising are doing well. Here are a few thoughts:
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am a partner in a fourteen attorney firm in Denver, Colorado. We have six equity partners and eight associate attorneys in the firm. Our practice is limited to health care law. We represent many of the local hospitals in the area. Our associates range from associates that have been with the firm less than a year to associates that have been with the firm for over fifteen years. None of our associates have developed business development skills and none of them have ever brought in a single client. Most of our associates would not even be able to retain our existing clients if the partners for one reason or another left the firm. This is in part our fault. When we hired them we told them that we had plenty of client work and their mission was to “bill hours” and service our clients. However, as we the partners age and consider the future of the firm we are beginning to realize that this was a mistake. How can we turn this around?
Response:
The earlier that attorneys start to build client development into their weekly routines, the easier it will be for them to bring in business later. Many successful rainmaking attorneys began their business development efforts early in their careers, usually during their first year or two as attorneys. This is a pattern that you want your attorneys to emulate. The firm should set expectations about the kind of effort the firm is looking for at each level in an attorney’s career. It should then support these expectations with appropriate training for each level. Training should begin as soon as an attorney is hired. During the initial firm new associate training session, provide an hour’s instruction on client development. That will help new associate hires realize that they will have to bring in business later in their careers and they can start building a foundation for later business development efforts immediately. The quantity of education on client development should increase as an attorney advances within the firm. This should be reinforced by mentors assigned to associate attorneys.
When your associates reach the point in their careers when they should be bringing in business, the focus on business development needs to increase. Business goals should be developed and attorneys at this level should be required to prepare annual personal business development plans. These goals and plans should be linked performance reviews and to compensation.
It will take time to create this culture in your firm. It may be too late for some. I would announce that it is a new day, launch a program, and stay on top of it.
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John W. Olmstead, MBA, Ph.D, CMC