Observed

Of course it's important to take bar rules on client communications seriously. However, there are plenty of effective ways to offer evidence that you're thinking about your prospects' needs without risking your license.

When I think about the three main reasons why clients and prospects visit your law firm’s Web site, I imagine that I also hear, “Yeah, but” in response.

As in, “Yeah, I realize studies say that clients want assurance that I can fix their problems and that I can make their lives easier (and that they’ll like working with me), but I have a professional code of ethical conduct.  I could be reprimanded or endanger my license if I make claims like that.”

My advice?  Don’t.

• First, back up.   Your state’s code of conduct probably isn’t a priority for most clients and prospects.  So, remember that they’re far more worried about their needs, not yours.

• Second, how you address Can you fix my problem? and Will you make my life easier? is more nuanced than a simple yes or no.

For example, a strategically-written case study can speak volumes about your abilities without ever promising a result.  Same with testimonials, rankings and other third-party endorsements.

Your bio is not merely a resume.  It’s the principal destination for most of your site’s visitors, one that offers you an opportunity to tell your story…in terms that matter to your visitors’ stated needs.

The film "Undefeated" won the 2012 Best Documentary Oscar, despite its rejection in 2011 by the Sundance Film Festival. The filmmakers' resiliency (they got the boost they needed from the South by Southwest conference) is the same kind of resourcefulness it takes out-numbered attorneys to Get Found and Get Picked.

The parallels between marketing a film and selling professional services ought to be obvious.

First, in either case, the numbers are apparently against you. A recent report in The New York Times, for example, noted that the Sundance Film Festival which begins today in Park City, Utah, vetted over 12,000 submissions for 193 slots. By comparison, I read recently that there are 1,250,000 attorneys in the United States competing for increasingly demanding markets less tolerant of hourly billings and other examples of business as usual.

Second, despite the numbers, there’s hope. If history is a reliable guide, many of the films that didn’t make the cut at Sundance will nevertheless earn critical and commercial success. Same with attorneys and other professional service providers who play it smart.

The Times piece describes the advice John Cooper, the director of the Sundance festival, has for the ways rejected films have skillfully used the Internet and other means to build an audience — Sundance or no Sundance.  Responding to a rejected filmmaker’s plans to offer his work via sites like iTunes or Netflix, the Times reported the following:

That’s a resourcefulness that Mr. Cooper would encourage. “Filmmakers need to be creative,” he said. “They should use the cleverness it takes to make a movie to also find an audience.”

This common-sense attitude is precisely what Mike O’Horo and other legal sales thought leaders have been offering their clients for years.  They say that lawyers are — by training or nature — relentless question-askers.  Lawyers also tend to be painstakingly systematic, analytical, well-prepared and hard-working and have a bunch of other qualities that serve business development and sales of their services and firms.

Makes sense, yes?

By now, you probably know how Lisbeth Salander and Mikael Blomkvist solved the disappearance of Harriet Vanger in Steig Larson’s enormously popular The Girl with the Dragon Tattoo. Or, you’ve seen Robert Ludlum’s Jason Bourne piece together his past, trying to overcome his amnesia.

These tech-savvy characters lean heavily into the analog to see what they might not otherwise see.  Bourne carries a notebook with him, jotting down remembrances as if to make them better stick to his consciousness.  Blomkvist and Salander cover the walls of their cottage with clippings, photographs and more — all to supplement what Henrik Vanger refers to as Blomkvist’s “…keen investigative mind.” (Go to 2:32 of the following.)

I thought of these fictional characters and others when I read the latest about Evernote.  That’s the app that captures and syncs your hand-written journals, images and other jottings into something that can be shared, stored and processed across various digital platforms.

All of this reminds me of the power of the tangible to help the human mind gain perspective that it wouldn’t otherwise have.

It also reminds me of the nature of technology as a solution in relentless search of a problem.

It’s simple.  Be practical and responsive.

At least, according to a panel of managing partners convened earlier this month in Boston.  The occasion was the annual conference organized by the New England chapter of the Legal Marketing Association.

Why practical and responsive? The reason they offered was just as simple:  It’s what clients’ customers expect from them.

It occurred to me that this is an extension of the wisdom imparted by Laura Meherg — namely, that clients tend to want lawyers who can:

1. Fix their problems.
2. Make their lives easier.
3. And, are nice to work with.

The challenge is how to best convey practical and responsive to your clients and prospects, short of demonstrating it.  In other words, how can your marketing content reflect these abstractions.

Consider case studies.  Here are a couple of real-world examples:

• A major engineering company brought John into a case after being hit with a variety of commercial and IP claims by an oil and gas equipment company in Texas.  “My strategy was to aggressively develop evidence before I even asked for documents.  So, I examined a key executive who had all of the information and was driving the dispute…before my opponent’s defenses were in place.”  As a result, John got damaging admissions into the record early, changing the risk calculus for both sides and setting up a favorable settlement.
• When a competitor sued a global manufacturing company with a patent infringement claim, John suspected that there was another, more deadly scenario in store for his client.  “My sense was that my opponent was leveraging the patent infringement claim in an attempt to get information to support a trade secret claim and get an injunction against my client.  If successful, this could effectively shut down my client.”  John developed a strategy based on what was best for his client in the long-term by admitting the patent infringement claims and, thereby, initially denying the competing company the ability to assert the more damaging trade secret claim and quickly enjoin his client.

Well, what do you think?

Hockey players understand this.  It takes somewhere in the neighborhood of 8 to 11 shots to score one goal.

At least according to David Freeman.   Freeman was one of the keynoters at the recent annual fall conference of the Legal Marketing Association — New England chapter.

Of course, Freeman was analogizing to business development.  As in, you’re not finished when you hit SEND.  Probably not even close.

So, while it’s important to be efficient, remember that once is not enough.  In fact, once is a waste.

The average client or prospect is simply too busy and too human to remember you or me and the first seven times we blogged, called, e-mailed, tweeted or had coffee with them.

Or, more importantly, the last time we did any of those things. Capice?

By the way, while it takes repetition to be remembered, keep in mind that people make lasting impressions based on the smallest detail.  Ironic, yes?

Oh, Freeman and others at the conference also noted that clients are looking for two deal-breakers in every business relationship. They’re asking, Are you practical? and Are you responsive?

Thanks, LMA-New England!

The New York Times’s Phyllis Korkki recently reported several reasons why we still prefer paper over computer screens. In Defense of the Power of Paper outlines three top advantages:

1. Because paper’s “in your face,” we’re more prone to act on whatever it calls us to do.  Unlike a digital document, we can’t merely click it away.
2. A paper printout offers a better way to read and comprehend the geography of a long, complex argument or set of complex facts.
3. A tangible message invites both the writer and the reader to slow down and contemplate.

Makes sense.

I’ll add that the analog is also a better way than digital to promote closer, stronger relationships.  When I take the time to write and mail a personal note — even a short one — I demonstrate that I care.  When I do that, I set myself apart in a good and more memorable way.

So, when I connect tangibly with another person, I’ve not only worked on the Get Found side of the marketing/business development side of the equation, but I’ve also shifted onto the Get Picked side…the one where emotions and trust factor in.

Mari Smith gets it.

The ability to call up and get a real human being — the companies who can do that and go back to basics are really the ones that will be winning out and humanizing their brand.

The social media consultant was quoted yesterday in a New York Times piece about how big, tech companies like Google have ditched their phones.

As things currently stand, momentum is shifting toward impersonal digital and away from person-to-person analog.  This often boils down to numbers, with hundreds of thousands of customers (or more; think Facebook) funneling down into a relative handful of employees available for tech support or customer service.

Plus, there’s culture.  More and more of us — especially the younger us, asocial programmers and others in Generation Asperger — who just really Not Like the phone.  Or talking.  To another human being.

Ironic, considering how enamored we seem to be with the notion of story telling.

PS:  It’s not hard at all to find reporter Amy O’Leary on the World Wide Web.  She wrote the Times piece on tech companies and telephone use.  I’ll give a prize, however, to anyone who can find her phone number.

When I connect with clients and others at Kentucky Derby time instead of (or, in addition to) the Christmas holidays, I'm being asymmetrical. The better to get noticed and remembered...something I learned a long time ago from Jim Durham.

The calendar says The Holidays are still eight months away.  For business development purposes, however, you might want to try a strategic re-frame.

Over the past few days, for example, I’ve been leveraging one of the times of year that makes Louisville (my home town) Louisville.   I’ve sent a bunch of cards and gifts to clients, prospects and referral sources that follow a Kentucky Derby theme.

When I do this, I…

1. Stand out from the crowd. While I call or write clients and others during the holidays, I understand that I’m probably lost in the deluge when I do that.  Not so when my people get a quirky note or Derby tschotske from me in late April.
2. Brand myself. Most of my clients are on the coasts in major markets.  It helps me to be known as That Writer from Kentucky.  I mean, where else can you claim Hunter Thompson, Robert Penn Warren, Bobbie Ann Mason, Barbara Kingsolver, Louis D. Brandeis, Marsha Norman, Silas House, Ed McClanahan, Sue Grafton and a poet by the name of Muhammad Ali?
3. Show some flair. Hey, it’s Derby!

You get the idea.  When the objective is to Get Found, make it easy.

PS:  This one’s for you, Jim.

As a business writer, I like to think I'm a LEED-certified Dunkin' Donuts. I want to make my customers feel welcomed and engaged...and eager to come back.

What kind of building are you?  Or, better said, what kind of architecture best represents the way you express yourself — particularly in business communications.

I got to thinking about this after I recently wrote an article about a new Dunkin’ Donuts store in Louisville’s vibrant and upmarket Highlands neighborhood.  (Really.  I’m not kidding.)

The Dunkin’ is a descendant of the street-loving polemics pioneered 50-plus years ago by Jane Jacobs.  It’s the kind of building that does a great job of connecting with its surroundings, including the tons of people walking up and down Bardstown Road, the commercial heart of the area.  The new Dunkin’ fits in while a few of its neighbors — including a nearby Dairy Queen from an earlier generation of commercial architecture and urban design — step away from street like little islands in an asphalt pond.

So, think about it.  Are you inviting in the way you write?  Do you engage your readers in the way a doorway or porch might invite a building’s users to come in or to set a spell?

Or, do you surround yourself with stiff and difficult words?  Do you present a turgid monolith or long, dense blocks of copy, or do you format your content to be more accommodating?

Just wondering.