Sample
Issues of
The Maraia Minutes
Newsletter
March 1998 (Feature
article: Avoid Random Acts of
Lunch)
December, 1998 (Feature
article: Excuses for Failing to
Market)
March,
1998 (Vol. 1 Issue 3)
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FROM THE KEYBOARD OF MARK MARAIA
This month's issue will help you avoid "Random
Acts of Lunch." It will provide unit-of-one advice
for busy lawyers who desire better results in their
business development meetings. We all know we
should "prepare" before going to business
development meetings, but many of us don't know
what that involves. This issue explains the three
things you should do before each meeting.
Thanks for reading.
Mark Maraia
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mark Maraia's tip of the month:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We were born with two ears and one mouth and we
ought to use them in that proportion when meeting
prospective clients.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FEATURE ARTICLE - Avoid
Random Acts of Lunch
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
How many billable hours and opportunities were
squandered at your firm in just the past month or
two by lawyers who didn't bother to prepare for
their business development meetings? The typical
lawyer wastes 3-5 hours each month because they
head off to meetings with little or no meaningful
preparation. The troubling part is most lawyers
genuinely believe meetings in which they "wing it"
constitute effective marketing. What a joke. These
meetings are little more than "Random Acts of
Lunch."
When I ask members of law firm management how
much time the average lawyer spends preparing for a
routine business development meeting (i.e. not
beauty contests) the typical answer is "none."
That's ironic because many lawyers fear rejection.
Yet, there is often a direct link between how well
you prepare for a meeting and the likelihood of
rejection.
Let's start with the obvious--do your homework.
I have a two page list of resources you can check
as part of your preparation before your meeting. If
you would like a copy of this list please hit your
reply button. Given the ubiquity of company
websites, I consider it "marketing malpractice" for
a lawyer to head into a meeting with a potential
client without first checking their website. My
assumption behind this kind of preparation is that
it's better to prepare thoroughly for one client
meeting per month rather than "wing it" with ten
prospective clients each month. Many lawyers report
increased confidence when they go into meetings
fully prepared. Use this newsletter as a checklist
in preparing for your next business development
meeting and let me know how it works.
There are three things you can do to prevent
having "Random Acts of Lunch." Pull out a piece of
paper. Here are three things you should write out
on that piece of paper before your next
meeting:
1. Write out the personal and organizational
needs of the person you are meeting. When I ask
lawyers what they think the prospect needs, most
start telling me what THEY NEED. Big mistake. The
more empathy you are able to demonstrate the better
the meeting. Here are some personal needs youmight
write down on your blank page. "Control." "Looking
good to the boss." "Minimal time spent supervising
the case." "Avoiding surprises." Consult with a
partner or your firm's marketing director if you
are having difficulty thinking of needs. Remember
the needs of general counsel are going to be
different from the needs of the CEO. Many top
flight lawyers get a cold shoulder from the general
counsel on an idea that would have been very well
received by the CEO or CFO.
2. Write out 3-4 questions you might ask during
the meeting. How many of you who are litigators
wrote out the questions you intended to ask at your
first trial? I'll bet all of you did. That's
because if you go into trial unprepared the result
is losing. If you go into a business development
meeting unprepared the result is rejection. The
better your preparation, the less chance of
rejection. This point may seem obvious, but I find
too many lawyers have no idea what it means to go
into a business development meeting fully
prepared.
The fact that most lawyers do not prepare a list
of questions is a source of constant amazement to
me. One lawyer I coached agreed to fax me a list of
questions he intended to ask during an upcoming
meeting. When I received the fax it didn't contain
a single question only talking points. I asked him
to convert every "point" into a question. Contrary
to popular belief, telling is not selling.
3. Write down possible outcomes you'd like to
see happen at the conclusion of your meeting. An
unacceptable outcome might be "build the
relationship" or the client says, "I'll call you."
An acceptable outcome might be "I want you to meet
with the president on Thursday or Friday of next
week." or "I want you to meet with the general
counsel when he comes to town on April 4th."
If you do anything less than all three when
preparing for a meeting it is, in my opinion, a
"Random Act of Lunch."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IN THE NEXT ISSUE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
My next issue will set forth ideas on "branding"
your practice whether you're a solo practitioner or
the largest firm in your region.
Copyright 1998 Mark M. Maraia Associates
December,
1998 (Vol. 1 Issue 12)
FROM THE KEYBOARD OF MARK MARAIA
I've heard nearly every reason imaginable for
refusing to undertake marketing. This month's issue
is a compendium of the ones that come up most
frequently.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mark Maraia's tip of the month:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
During your firm's Christmas party think of
yourself as a HOST of the party rather than a
GUEST. Treating everyone as if they are a guest in
your home should reduce your discomfort.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FEATURE ARTICLE -
Excuses for Failing to Market
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
During the past few years, I have made thousands
of follow up calls to lawyers and I always hear the
same predictable excuses for why they are not
marketing. It's no secret that lawyers would much
rather practice law than undertake marketing. Yet,
they have a skewed perception of marketing. Many
lawyers think of the proverbial stockbroker making
cold calls or some other pejorative stereotype.
Lawyers don't hate marketing, they hate their
PERCEPTION of what marketing is. How does this
relate to lawyers' excuses? If you think of an
activity as tantamount to street begging you
probably won't do much of it. Frequently, the
lawyers I work with make a dramatic shift in how
they think about marketing. By contrast, great
performers enjoy the process and rarely make
excuses. In fact, it's the predominant difference
between the average lawyer and the best rainmakers.
However, your firm is likely to have more of the
excuse makers than the rainmakers. I have heard
just about every possible excuse a lawyer might
offer to throw me off the trail. Here are the three
most common excuses I hear and how to respond to
them.
1. "I'm too busy. The last thing I want is more
work."
When you hear this come right back with four
questions. First ask, "Is 100% of the work you are
doing totally fun?" If not, (and it never is)
suggest that they become extra choosy about the
work that they pursue. This allows them to go after
more fun work while they have that luxury. Another
question that tends to stop a certain number of
lawyers in their tracks is to ask "have you raised
your rates lately?"
If these first two questions don't work focus on
their delegation skills. Ask "how much of your work
can be delegated?" The answers to this question are
often telling. Many admit they should get much
better at delegation, but never actually DO it. If
so, spend time rehearsing how they might delegate
the more routine work to an associate. In some hot
practice areas like M & A work or intellectual
property there are not enough qualified associates
to handle the work. In those cases, they have no
one to delegate to.
The last question you might ask of a lawyer who
claims he is too busy to market is, "Have you
thought of firing your worst clients?" Many lawyers
become giddy at the thought of not having to deal
with some of their least profitable clients. Often
they say the least profitable ones are the most
difficult and demanding. Life is too short, fire
them! Some lawyers are concerned that their
billable hours will dip. If they do, use the extra
time to go after more desirable clients.
There is another tack you can take with
litigators who complain of being too busy. When
confronted with "I'm too busy" the marketing
director of a large west coast firm asks litigators
a hypothetical question, "If your biggest client
handed you another major case would you take it?"
If their answer is yes, then he insists they have
time for marketing. Pretty crafty.
Dig behind the "too busy" excuse and you are
likely to hear one or both of the next excuses.
2. "I don't like selling, it's
unprofessional/unethical. I'm not the pushy sales
type."
It surprises most lawyers when I tell them not
to sell anything during the period we work
together. There are plenty of misconceptions about
selling which are floating around the profession.
This is clearly a big one. Who said you have to be
pushy? The last thing I want anyone reading this
article to do is "push" themselves or their
services on someone who doesn't need help. In some
cases, I will enjoin the more timid lawyers I coach
as follows: "Absolutely do not try to sell anything
for the next 30 days!" This surprises them and
takes the pressure off. It also frees them to
become more natural in their approach to clients
and others. What I do urge lawyers to do is become
much more attuned to the needs {both personal and
corporate} of their prospective client. This
requires them to do more homework and preparation
on whomever they have targeted. Some feel this will
ruin their spontaneity. They are surprised to learn
how spontaneous and natural they feel when they are
thoroughly prepared. More often than not the
lawyers who initially hated selling report greater
enjoyment from their marketing activities when they
go into meetings fully prepared.
A senior associate with a large firm started our
coaching session by lamenting his lack of a network
and his desire to build one. Three minutes into the
meeting I learned that he had been a professor at
one of the local universities before going to law
school. Turns out he had a list of the names of his
former students--all 2000 of them! I asked him if
he maintained contact with his former students. He
said, "no." He believed that contacting his former
students for marketing reasons was somehow
unethical. When I asked him if he genuinely wanted
to reconnect with his former students even if they
never hired him he said, "absolutely." I suggested
he go for it. I also pointed out that he was
allowing his belief to keep him from doing
something that he really wanted to do. In no time
at all, he generated a list of more than 60 former
students he wanted to contact. He embarked on a
plan to call a few people each week and offer to
meet with them for lunch. He went from lacking a
network to having one of the largest potential
networks in a firm of 500 lawyers! From that point
forward, instead of dreading the thought of
marketing he had incredible fun marketing. The
shift of mind was all that was needed.
3. "The firm provides no incentives for
marketing, all they want is billable hours." Or
stated positively, "The firm needs to give us
credits or pay us to market."
Maybe so, but that's a copout most of the time.
What at least half the population means by that
statement is, "I really don't like marketing."
What's really stopping many lawyers from marketing
is fear. If that describes you, welcome to the
club. That describes all of us. The title of a self
help book is often what I tell lawyers: "feel the
fear and do it anyway." What most rainmakers
realize is if they wait for the fear to subside
before they undertake marketing they'll wait
forever.
If you're coaching lawyers consumed by fear of
marketing get them focused on a course of action
that moves them slightly outside their comfort
zone. Every person's discomfort level is different
so listen carefully for clues that you pushed them
too far. One way to check fear levels is to ask:
"Is this too far outside your zone of comfort?" If
they say "yes" then scale back the action plan. The
greater the fear, the smaller the movement they
will take. If they say "no," give them reassurance
that you believe they can do it. And be sure to
follow up.
To the other half of the population it's more a
statement about their priorities. Help those who
continually neglect marketing to examine their
priorities. Frequently, marketing has unconsciously
fallen to their lowest priority task. After
becoming consciously aware of this, many lawyers
move marketing much higher on their list of
priorities.
Most of the lawyers I work with focus on
capturing one client during the period of time we
work together. So I know I'm not overloading them
with a heavy time commitment. Yet, there are plenty
of times when they still don't make the one phone
call they agreed to make. In those instances, I
will ask them how much time it will take them to
make the call. They realize it's only a few
minutes. I sometimes ask them if pursuit of the
target client is still a priority. If they say
"yes" I watch their behavior. If a deadline they
set comes and goes several more times I will ask
them to help me reconcile their behavior with their
words. Don't make the mistake of thinking that you
need to TELL a lawyer that they must make marketing
a high priority. That approach rarely works. It's
much more effective to have THEM tell YOU that it's
a priority.
How else can you get them to move it up on their
list of priorities? Make the activity fun. Urge
lawyers to undertake marketing activities that they
genuinely enjoy. Those activities may not always
yield the best results, but so what. At least they
get in motion. Once they get in motion they develop
a sense of momentum. With that comes a willingness
to try other ideas that are more likely to bear
fruit. If the lawyers you are coaching have a huge
mental block about selling then refocus their
efforts on the less aggressive activity of
networking. Most lawyers make the fundamental error
of thinking that networking is about what you can
GET from someone when it's the exact opposite. What
can you GIVE someone is the mindset of great
networkers. It's also the mindset of lawyers who
are having fun networking. [For more on
networking see my February issue: Networking With A
Purpose.] The senior partner in one Los Angeles
firm put it succinctly, "I used to think of myself
as a supplicant. Now I view myself as someone who
has lots of valuable advice (both legal and non
legal) to give to people in my network."
Lawyers will move marketing higher on their list
of priorities if it provides immediate
gratification. A young partner in a large firm came
up to me during a break in one of my workshops. He
said he had helped someone get a job as in-house
counsel for one of his clients. He then went on to
lament the fact that marketing does not provide for
immediate gratification. I asked him if helping his
client without expecting anything in return felt
good. He agreed that it did. I said, "that sounds
like instant gratification to me." I added, "do
that every day and you'll be a great rainmaker in
no time." You could see the light bulb go on above
his head.
As a leader, be alert to the excuses you hear
for not marketing. Rarely should the excuses tossed
at you be accepted at face value. Instead probe
deeper and you'll find they need help getting past
their psychological barriers to marketing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IN THE NEXT ISSUE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Our next issue will be a 1999 Planning Guide For
Lawyers.
Copyright 1998 Mark M. Maraia Associates
Maraia
& Associates, Inc. * Phone
303-791-1042
*
E-mail mark@markmaraia.com
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