Personal Involvement of the Attorney in External Marketing

By having a simple plan to follow, client development (sales) is not some thing to fear. By adopting techniques used by other professionals to sell services to businesses, attorneys can effectively reach their intended audiences-business, government, other attorneys, and the general public alike. Effective plans emphasize preparation-not silver tongues.

This article discusses

 

• Prospecting to identity potential clients.
• Preparation — learning about client background and needs.
• Approach — getting the client's attention directed favorably toward you.
• Presentations — letting them discover they need you.
• Objections — why the prospective client wants to use your services.
• Client engagement-closing the sale, asking for the business.
• Follow-up — seeing that the clients get what they need.

No matter how comprehensive or insightful a firm's external marketing program may be, it ultimately is up to the individual attorney to make his or her own practice grow and prosper. Some benefits for the individual practice may be reaped from a firm program, but many specific needs and situations will go unsatisfied. Therefore it is crucial for the individual attorney to have a personal commitment and to follow through with a personal plan of action.

The individual facets of the attorney's personal marketing program can and should be many. Individual efforts are part of the total marketing pack age. Attorney training is important because it develops skills-rarely taught in law school-to carry out marketing as an integral part of the daily practice. In a situation common to many attorneys who are part of a firm, becoming a "rainmaker" is the inside track to partnership. The best approach to rainmaking is to write a personal marketing plan and to have it approved. Good plans cite specific objectives and the specific activities required to achieve them.

So attorneys write a plan and go through what they feel are all the right motions. They join clubs and attend client trade meetings. They write articles for trade journals. They take prospective clients to lunch. Yet, the attorneys do not get any new clients. What often happens is that the attorneys are not comfortable meeting people with the purpose of developing those acquaintances into new clients. In fact, although they realize its significance, many attorneys have a great deal of anxiety about rainmaking techniques. They can learn much from applying some of the basic "sales" techniques commonly used in business and industry.

Business Development Efforts Are Universal

A business development effort is necessary for the business of widgets as well as legal services. The major difference between product and professional services business development is that with professional services, the "developer" also performs the service. That is, the seller is the doer.

In his or her own practice development effort, the attorney should be careful to deal with the potential client's decision maker, be that the CEO or client principal. Others may have significant input, but only that decision maker will have the final say. The attorney's relationship with that person will set the tone for the ongoing attorney-client relationship.

The attorney must sell benefits, not legal services. In this vein, Peter Revlon once said that his factories made cosmetics while the stores sold hope. The same might be said of Kodak, which manufactures film, but sells memories. The attorney may produce wills, estate planning, or litigation services, but must be sure to sell peace of mind or financial security or whatever solution the situation at hand requires.

Seven Steps to Business Development Success

Seven steps constitute the total business development effort. Together they form the circle of activities necessary for successful legal services marketing. Those steps are prospecting, preparation, approach, presentation, objections, client engagement, and follow-up.
 

1. Prospecting is locating and evaluating potential clients. This is possible because of an understanding of what types of clients are wanted and where those clients exist. Evaluating those potential clients involves discerning whether a client can benefit from the attorney's legal services, taking into account the extent of legal services required in volume and whether that client is in a position to pay the commensurate fees.
2. Preparation for business development calls for the same mind-set as preparation for, say, litigation or negotiation. The attorney must study the needs of the prospective clients carefully, developing a keen understanding regarding that market.
3. Approach means getting the prospective client's attention, letting that person know what the attorney does and how that can be of benefit to a particular situation. One of the simplest ways to accomplish this is for the attorney simply to pay attention to that potential client. This means asking questions and demonstrating interest and knowledge regarding his or her concerns.
4. The presentation is the actual proposal. It is the attorney's "pitch" for business. The attorney should practice this step until it becomes a very comfortable topic of conversation, whether formal or informal. The presentation must ask questions that show the potential client that the attorney understands his or her needs, is aware of potential problems, and can be very specific with regard to that client's industry and situation. Active listening techniques can be very important in this situation because the attorney must let that person know his or her professional capabilities in terms of the client's desired benefits. In other words, ask-don't tell.
5. Objections are the clients' concerns regarding the attorney's presentation. The attorney must expect objections to occur and anticipate their very nature. Responses to objections demonstrate the attorney's problem- solving ability. Objections are the prospective clients' way of stating the solutions they seek.
6. Client engagement is really just closing the deal and getting to the nature of the matter or issues. How does the attorney close and actually engage the client? By asking, "Can we start to work on your legal matter?" Nothing more should be said until the client responds. If the answer is positive, an agreement should be signed at once and a firm commitment should be formed on the part of the client. After the agreement and commitment are clearly underway, assure the client his or her choice is correct and appropriate. Then thank the client and excuse yourself. The attorney should try not to linger and visit with the client, perhaps providing that person with the opportunity for a change of heart.
7. Follow-up is the start of the next "sale." It is comprised of constant communication and consistent client feedback. The attorney should ask the client regularly if he or she is satisfied and if there are any other needs which remain unmet. An attorney's best source of new clients is referrals from existing clients, so if the client is satisfied, it is appropriate for the attorney to ask for referral possibilities tastefully. If clients' expectations are being met by the attorney, they will usually happily oblige.

Ethics Considerations

Possible ethical issues must always be considered. In most jurisdictions, direct personal solicitation is not permitted. However, local bar rules and practices will vary. Before you commence direct personal selling activities, check with your local bar's rules as to what is acceptable.