Observed

Doug Stern's blog about business writing and marketing strategy
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Archive for the ‘Technology’

Business Development Lessons from the Sundance Festival’s Salon des Refusés

January 17, 2013 By: Doug Stern Category: Advertising, Communication, Legal marketing, Marketing/biz dev, Technology

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?

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Getting the most out of paper and digital worlds

January 07, 2013 By: Doug Stern Category: Communication, Digital vs. analog, Technology

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.

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Sweet Are the Fruits of the Tangible, Part 2

October 15, 2012 By: Doug Stern Category: Communication, Digital vs. analog, Editing, Technology

Architects have used pens, paper and models since forever. These tools are part of their creative process and of letting the client see what they see.

For Frank Gehry, architect of the Los Angeles Philharmonic (above), however, adding scissors and cardboard offers a tangibility that’s essential to his process.

Check out “The Sketches of Frank Gehry,” and see what I mean.  It’s an absolutely fascinating documentary by Sydney Pollack: http://www.youtube.com/watch?v=nqR5QbV4S5M.

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.

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How personal is too personal?

July 11, 2012 By: Jessica Witte Category: Advertising, Customer satisfaction, Technology, Tools

Google has smartened up. The search engine has learned to give its users an opt-out choice as a way to avoid getting too personal.

Where, exactly, is the boundary for online privacy?  It’s a line that changes almost daily – and a line that business writers would be smart to track.

A recent article in The New York Times illustrates this. The piece reports how sophisticated online e-personalization has creeped out a lot of shoppers, causing them to experience something psychologists call the uncanny valley.

Say you’re shopping for a specific brand of shoes.  You go to a few sites to look around, and before you know it, shoe ads start popping up…everywhere.  On your Gmail, on your Facebook, everywhere.

Cue the uncanny valley.  You suddenly realize that your Internet activity is being monitored, analyzed and exploited. You realize that what may resemble good, old-fashioned customer relations is really a high-tech, customized feedback loop based on your “private” keystrokes and mouse clicks.

The ads are more than just coincidence.  By tracking your browsing habits and purchase history, e-personalization companies like Monetate can learn things about you.

The Times tells the story of Urban Outfitters’ marketing director Dmitri Siegel.  Years ago, he used e-personalization to market men’s clothing to men and women’s clothing to women.  However, he was surprised when some female shoppers (who frequently buy men’s clothing) complained about the company’s gender-stereotyping.

So, limit personalization to a few broad categories.  For example, offer discounts to first-time visitors, making them more likely to buy.  Or, market winter coats to people in cold climates.

PS:  Here’s Monetate’s response to the Times article, saying that balance is the key when it comes to e-personalization.


Personalized on-line ads may LOOK real. When we realize that they’re really the result of Internet overlords stalking us, it tends to creep us out – an impulse that psychologists call the uncanny valley. Kind of like how you feel when you watch this scene from Aliens.

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The Tangible: Making Life-long Customers

May 15, 2012 By: Doug Stern Category: Customer satisfaction, Digital vs. analog, Legal marketing, Marketing/biz dev, Technology

To set myself apart from my competition, I have to make, as Stan Phelps puts it, a personal emotional connection with my customer. Merely asserting that I care isn’t enough.

Fortunately for Zappos (and its owner, Amazon), Christian totally gets it.

Before someone might hire me, they have to trust me.

  1. Trust that I can fix their problem.
  2. Trust that I can make their life easier.
  3. Trust that they’ll like working with me.

Before they can trust me for any of these things, I have to demonstrate that I can be trusted.  There are a bunch of other ingredients and nuances, but that’s pretty much it in a nutshell.

What are some of the ways I can demonstrate that I’m trustworthy?  A resume is just table stakes.  Plus, even a sparkling resume, five-star testimonials and the like don’t really establish the kind of trust that I believe clients want.

I’m talking about the type of trust that includes an emotional connection.

The key word here is demonstrate.  The more tangible, the more personal, the better.  Because when I demonstrate that I care by sacrificing time or something else, I help establish a personal emotional connection — which is what is most likely to get me hired.

That’s why I was totally blown-away when I recently bought shoes from Zappos.

Things started out simply enough.  After going to the company’s Web site to buy a cool pair of black Keen loafers, I ended up on the phone with Christian, a customer service rep in Hendersonville, Nev., to close the deal.

Now, I like to gab.  So, I asked her, “Where are you?” and “What kind of shoes are you wearing?” and what have you.  Nosy meets voluble.

Well, I not only bought the shoes, I had a good time.  Best time I’ve ever had on the phone that didn’t involve…well, never mind.

(NOTE:  My shoes arrived THE NEXT DAY.   Zappos has its warehouse about half an hour away from me in Shepherdsville, Ky.)

As a first-time custie, I wasn’t prepared for what happened next.  A few days after I got my shoes, a small envelop arrived from Zappos with a Nevada postmark.  IT WAS A HANDWRITTEN THANK-YOU NOTE FROM CHRISTIAN.

I felt like a schoolboy.  For about 15 seconds.  Which was when I Googled “Zappos handwritten notes.”

That turned up an excellent post by Stan Phelps, “Zappos and the Importance of Making a Personal Emotional Connection:  PEC in the form of Thank You Cards.”  Phelps explains that what Christian did — on the phone and afterward — is typical of the customer service branding practiced by all 1500 Zappos employees.

From now on, I plan on buying all of my shoes from Zappos.  And, I’m so asking for Christian.

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Pick Up the Phone…and Get an Edge

April 30, 2012 By: Doug Stern Category: Customer satisfaction, Digital vs. analog, Legal marketing, Marketing/biz dev, Technology

Phil Libin, the autocrat in charge of Evernote, could care less about the telephone. The former computer programmer has banished landlines from the company’s offices.

Want to talk to Phil or one of his people? Good luck. Better have a cell phone number. Or, be patient (or desperate) enough to click through a bunch of links and what-have-you that take you to…well, you get the idea.

Ironically, it’ll be relatively easy to mail Phil a note…provided you have a postage stamp and still know how to write. The company’s California snail mail address is in plain view. Maybe it’s meant to facilitate Amazon deliveries.

How does a rainmaker make it rain?  How do these dinosaurs manage to walk into a room and suddenly, magically seem to own it…and leave with a satchelful of new clients?

First, there’s nothing sudden or magical about it.  In all likelihood, it has taken:

  • Years of hard work. Mike O’Horo, Malcolm Gladwell and lots of others have spoken about the years of constant practice it takes to master anything — including business development.
  • Vulnerability. Along the way, that means kissing a lot of frogs.  The typical rainmaker has become conditioned to dislike taking the hit (at least a little) and doing it anyway.

There’s more.  And, sure, there are the exceptions, the tireless extroverts who edited the law review, thrive on rejection and delegate easily.

A silver bullet?

For now, however, it’s important to acknowledge that there’s no silver bullet.  It’s not, as O’Horo and Dave Waldschmidt argue, about working smarter.  “To grow your book,” Mike wrote, “you must get out there and compete.”

Which brings me to Frank Bruni and Phil Libin.  The former writes for The New York Times, and the latter is the autocrat founder in charge of Evernote, a company that peddles note-taking and archiving technologies.

Mr. Bruni recently noted that under-25s had better pick more marketable college majors and get some help making the mountain of debt many take on look more like a molehill.  Otherwise unemployment or underemployment in their ranks will continue to top 50 percent (according to the Associated Press based on 2011 data).

What he and his hundreds of commenters (as many as I had time to read) failed to mention, however, is that finding work also takes time, hard work and a bunch of flexibility.  Especially the most rewarding kinds of work.

As for Mr. Libin, he boasts that he banished landlines on a whim when he set up shop in Mountain View, Calif., in 2008.  (The company also has an office in Austin, Texas.)  He says,

We thought, why do you really need a phone?  If you have a phone at your desk, it’s just sitting there and you’re kind of encouraging people to talk on it.  Everyone’s got a cellphone, and the company pays for the plans.  There are phones in the conference room.  We’re not a sales organization, so we’re not making a lot of calls, either.  If you’re at your desk, you should be working.  And that’s actually worked really well. I don’t think anyone misses phones.   Even though it’s one big room, it’s actually fairly quiet because no one is sitting there talking at their desk. The culture very much is that if you want to talk, you go 10 or 20 feet in some direction to a quiet area.

Hey, I have news for anybody who buys the bit about we’re not a sales organization.  We’re ALL sales organizations.

First, we all have relationships inside and outside the company with people we’d better be treating as if they were our customers…or, we’d better be OK kissing those relationships good-bye.  And second, no one can express or accurately read the range of emotions it takes to sustain a relationship without hearing a voice and, even better, seeing a face…in person.  At least occasionally.

Add these up and you get sales.

Ramping up to a point about competitive advantage

Banishing landlines — and the conversations that they nurture — is nothing new or surprising.  Mr. Libin just happens to be one of the more flamboyant examples of the digitally cocooned of our times.  (He also deploys a robot surrogate with telepresence when he’s not in the office.)

In a recent article, Sherry Turkle recounts a scene in a Boston law office described by a senior partner.

Young associates lay out their suite of technologies: laptops, iPods and multiple phones. And then they put their earphones on. “Big ones. Like pilots. They turn their desks into cockpits.”  With the young lawyers in their cockpits, the office is quiet, a quiet that does not ask to be broken.

Ms. Turkle, an MIT professor and the author of Alone Together: Why We Expect More From Technology and Less From Each Other, also notes that we “seem increasingly drawn to technologies that provide the illusion of companionship without the demands of relationship.”

As Ms. Turkle notes, “Face-to-face conversation unfolds slowly. It teaches patience.”

The silver lining in this cloud (finally!)

In a world that texts and wears headphones (or earbuds), fortune favors the exception, anyone willing and able to pick up a phone and carry on a conversation.

So, that’s how.  That’s how (OK, one of the hows) a rainmaker gets to be (and to stay) a rainmaker.

PS:  If you have some thoughts about how, I’d love to know.  Call me.

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Web Content: Keep It Short

December 17, 2011 By: Doug Stern Category: Communication, Customer satisfaction, Digital vs. analog, Legal marketing, Technology

OK, granted, you’re probably not writing for fans of Fergie or will.i.am.  Work with me anyway, because I see a connection between the digital freneticism of the Black Eyed Peas and your visitors’ non-linear distractability.

If your goal is to get read (much less, remembered), keep your content short.  Probably under 250 words for anything you might consider a page — such as a bio, practice group description, About Us…or, this blog post.

The Nielsen Effect is why.  As in Jakob Nielsen, a Danish software engineer considered to be one of the foremost user experience gurus.

Nielsen and others have found, for starters, that we read online content 25 percent slower than we read the same content in hard copy.  As Nielsen characterizes this and other Web visitor behaviors,

“[U]sers are selfish, lazy and ruthless.”

Here’s a still-timely 2008 Michael Agger post that explains this and more…including the average user’s unwillingness to scroll.

Distractable

We’re addicted to Anything But This.  I check Facebook, listen to BEP on YouTube, look out the window, tweet something…etc., blah.  You?  It’s not in the DSM (yet), but some psychologists label it Fear of Missing Out.

And, my sense is that it’s in our DNA.  That we survived on the ocean or in the jungle or on the savannah or prairie by being hyper-alert and hyper-vigilant.

In other words, we didn’t have the luxury of The Long.  So, Keep It Short.

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Real Books Are Alive and Well

December 14, 2011 By: Doug Stern Category: Communication, Digital vs. analog, Technology

Newt Gingrich's campaign for the GOP presidential nomination seems undeterred by his campaign to sell his books. He and wife Calista often drive their handlers crazy by spending time signing books instead of stumping for votes. Or, are those the same things?

Doesn’t it make perfect sense that 2011 holiday book sales are strong…despite the growing popularity of electronic reading; or, perhaps, because of it?  Or, despite the loss of bankrupt Borders’s 650 stores from the retail mix?

Books — real books — are tangible.  All the better to put under the Christmas tree or hand to someone special as a gift.

And, to show that you care. Really care.

Retailers and publishers report, by the way, that sales of non-fiction titles are the strongest sector in their industry.  In addition, big, expensive books seem to be a niche unaffected by the recession or worries about online competition.

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Another Reason I Still Don’t Tweet…So Far

November 05, 2011 By: Doug Stern Category: Communication, Legal marketing, Technology, Tools, Writing

When I step into the room created by social media, it's incumbent for me to stick around for the conversation...particularly when I start one myself. In other words, I shouldn't shake your tree if I don't want your peaches. No?

LexBlog’s Kevin O’Keefe wasn’t the only reason going to Boston for most of this week was worth it for me.  But he was a big reason.

Kevin, Igor Ilyinsky, Deb McMurray and other law firm marketing thought leaders were presenting at the annual conference of the LMA New England Chapter.  A couple hundred marketers and vendors met to talk about this year’s topic — the interface between lawyers and technology.

When Kevin moderated a panel on social media, he reminded me of why I still resist Twitter.  It’s because I already feel overwhelmed and over-connected.  Despite the filters and other settings I can use to configure who and what I follow (and vice versa), it just seems like another case of being careful of what I ask for.

I also get what Kevin says about the risks of being technically clever and merely auto-Tweeting new blog posts(more…)

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When the Honeymoon Is Over: What To Do AFTER Your Firm Has Launched Its Blog

August 30, 2011 By: Doug Stern Category: Communication, Editing, Legal marketing, Marketing/biz dev, Technology, Writing

Law firm blogs are like gardens. When Boston established its Public Gardens in 1837, everyone knew that the grass, flowers and trees wouldn't take care of themselves. So, too, with law firm blogs...which, with a little of the right attention, will help build awareness for your brand and further your reputation as a thought leader.

Blogs are becoming more and more common with law firms of all sizes and types.  While launching a blog is relatively easy enough, what then???

Here are my Top 5 Law Firm, Sustainable Blogging Do’s and Don’ts:

  1. Leverage. Not enough ideas for posts? Remember: Once is not enough.  Turn that client memo into an article. And then turn that article into a speech and a blog post…or, posts.  Three (or more) on a match is OK. (more…)
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