PRACTICE MARKETING blog

I have been speaking about this for the past month... on Friday, Mark Bullock & I will be presenting a CLE seminar to the New York State Council for Divorce Mediation. We will be sharing many marketing techniques for up and coming divorce mediators. Many of them are practicing attorneys, and thus must comply with the attorney advertising codes of ethics.

March 12, 2010: U.S. Court of Appeals for the Second Circuit ruling: New York’s lawyer advertising rules are unconstitutional http://www.law.com/jsp/nylj/PubArticleFriendlyNY.jsp?id=1202446174823&hbxlogin=1

HERE'S MY SUMMARY OF THEIR RULING:

• Actors can portray judges but not fictitious law firms
• Testimonials from current clients relating to pending matters are OK
• Attention-getting techniques unrelated to attorney competence are OK (except claims that cannot be measured/verified)
• Nicknames, Mottos, Trade Names, & Logos – even implying results – are OK

UPHELD – Moratorium on targeted advertising

Of course, the ABA professional responsibility Attorney Advertising disclaimers remain: For example, when using testimonials, etc., attorneys should use what I call “The Weightwatchers Disclaimer": Prior results do not imply future results.

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Many speakers hide behind their PowerPoint slides, I prefer not to use PPTs at all. Instead, I opt for a simple, interactive handout which serves as my notes while speaking and for them to remember. By keeping much of it blank, it forces participants to pay attention! Also, the act of writing reinforces memory (and keepsake value of my collateral).

Remember to ask questions: This puts the attention from what you're saying to what they're thinking. And what they're thinking should be what you're saying! PPT slides are often a crutch for co-dependence; it can be a catalyst for interaction. Also, they may not be plants, but it's great to interact with participants you know already (and know what they would say already). If you can't ask them questions, at least mention them. Everybody likes to be complimented from stage!

When I do 'Marketing with LinkedIn' seminars, I feel obliged to walk through a series of slides of {power} Points and Screenshots. (I don't rely on any supposed WiFi that may be wafting.) So, one of the greatest compliments I can hear - which I did hear again last week - was "wow, you really made that topic interesting!" Of course, that means 'Marketing with LinkedIn' sounds like an inherently boring topic. To me, it is not.

Within professional codes of ethics, attorneys and accountants can make great use of LinkedIn to (not share advice, but) network through their colleagues and clients. FINRA does allow financial advisors to use sites like LinkedIn, so long as every movement is archived (which can be done simply and inexpensively through 'social middleware.') Of course, the vast majority of broker-dealers and insurance agencies still prohibit any LinkedIn access. Those who understand the value of networking, and how to work within FINRA's compliance, can have a real competitive advantage; e-mail me to ask me how.

Below is a video presentation of my latest 'Marketing with Linkedin'. [Click play (the big picture will play a small video); pause it for a few seconds to enable the buffer to stream the video smoothly.] The screenshots have been updated for 2010; the slides are interlaced throughout the video. I have also uploaded the PPT below for your download. Feel free to share it with others; please leave the content (and my contact info) intact.

Click To Play

 PowerPoint: Download | Embeddable Player | Hits (586)

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In addition to the blogs I typically read, I use Google.com/ALERTS to keep me apprised whenever any blog or article uses a phrase I'd be interested in (e.g., "practice marketing"): Often these two lists overlap. Case in point, this morning I read a great post by Kevin O'Keefe who writes the "Real Lawyers Have Blogs" (which conveniently, properly, and ethically promotes the LexBlog 'bLAWg' platform). His latest post berated an attorney who did what I refer to "on-line ambulance chasing":

The latest comes from Dallas Attorney Shezad Malik who posts 'Ambulance And Car Accident in Leonard, North of Dallas.'Of course the longest paragraph in the post:

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Blogs like this are being used to game Google and for no other reason at all. The lawyer is regularly updating his blog with keywords related to his locale and injury matters hoping that his blog will rise to the top of the search engines for related terms. And of course throw in a few links in target text like 'personal injury' linking to your website for added SEO effect.

To the majority of bloggers, the media, and sane people, the lawyer looks like an idiot at best. To me, he's an embarrassment to our profession.

To which I commented (and felt it was worthy enough for re-print as a post here): Well, there are 4 issues going on here: 1) codes of ethics 2) personal ethics 3) value of blawg and other educational marketing 4) SEO.

1) The above example (and the many, many others) are the on-line version of "ambulance chasing," which has given the PI atty a bad brand to begin with. Hence, there are codes of ethics on how to use the web -- and they will be improved (that is, more specific - not just more words, hopefully) as years go on.

2) Of course, like other regulations and laws (like speeding), there is only so much policing to be done. It's comes down to personal responsibility, values, ethics, and pride. Thus, the PI/trial world been able to overcome much public derision (and good jokes).

3) As blawgging, podcasting, video, e-book marketing grows more mainstream (in the legal community), more attorneys (and para staff) will realize that the real value isn't just mere "display advertising," but rather credibility and remark-ability as they share insight, thought, perspective (though not advice).

4) SEO: keyword-dropping, like name-dropping, will be a perennial if not pretentious issue. SEO algorithms have grown more sophisticated and we should always blog with it in mind. It isn't WRONG; heck, as an intelligent form of marketing, blawging should be SEO conscious: Though our SEO-friendly posts & comments should be checked with the above 3 principles.

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I recently received an unsolicited email “Newsletter” from a well intended but misinformed motivational speaker. It was sent TO: me from an MS Outlook account, with 70 or so other recipients plainly listed in the TO: field as well. Effectively distributing to all the recipients - all the other recipients email addresses. The “Newsletter” was in the form and attached PDF of a scanned, blurry, & tilted paper document. Additionally there was no obvious or automated way for me to “Opt-Out” from future emails.

Aside from the unwelcome intrusion, and a chuckle about how unprofessional and ineffective their email marketing campaign is, I was struck by the total ignorance by the well intentioned sender that what they had done is called Spamming, and it’s illegal. So I wanted to share with you a couple of nuts & bolts tips on how to avoid making a similar blunder.

1 – Don’t use your desktop email program for bulk email – EVER (no, don’t just use BCC to get around the TO: field problem, because it doesn’t always work). Get an automated & compliant email list management service like Openmoves Email, Talkware Media, or even Constant Contact. They’re cheap, easy to use, will give you valuable tracking & feedback or your email campaigns, and most importantly – they’re CAN-SPAM Act compliant.

2 – Compose your emails for delivery as both HTML & plain text. Most of the services above will automatically deliver which ever format the recipients email program will accept. What ever you do, don’t include an attachment. This will almost always get your email either rejected or un-opened (unless you are a “trusted” sender for that recipient). Alternatively you can include a link (Web address if in text) for readers to follow to get a PDF or other document from your Web site.

3 - Always include an “Un-Subscribe” or “Opt-Out” link at the bottom of both versions – it’s the law folks, just do it.

4 – Use the automated tracking features of your chosen service to see who’s getting it, who’s opening it, who’s forwarding it, etc, and who’s not. Process your blocked and/or returned email so as not to get blacklisted by the email Spam Gods.

5 – Once you have all of the above figured out, now you can put an “Opt-In” form on your Web site or Blog for people to subscribe (permission marketing) to your content. The form is linked back to your email list management service for automated processing (Auto-responding) – but that’s for another post.

Mark Bullock
Partner - Practice Marketing Advisors
www.PracticeMarketingBlog.com
www.MBullock.com

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What do your clients think about you, but aren’t telling you? What comes to their minds when they think about making an appointment with you? What do they unconsciously know they can count on from you?

You see, you have an impact on your clients and in fact everyone you interact with. Whether you know it or not. Whether you see it or not, and whether you intend it or not. It’s the same impact that carries through from your marketing efforts, to your initial conversations with someone, to your follow through with a long term client relationship.

What is your single biggest impact? It is simply your integrity. Do you do what you say, when you say you will do it? Do you Honor Your Word? Let’s be honest now, we all have our reasons for being late for a meeting, or not completing a project on time, or missing a conference call. Circumstances and reasons abound. But your circumstances & reasons don’t mean anything to your clients, not really, nor to anyone else who needs to trust you, only whether they can count on you or not. It’s that simple.

There’s a rule of thumb that says “how you do anything, is how you do everything”. In fact this rule is embedded in our psyches. We unconsciously know when dealing with someone who is late or in some way breaks a promise -that we can’t completely trust them to keep future promises. We also know when someone shows respect for our time and attention, by being on time, and fulfilling on their agreements, that we can probably trust them in the future, and even outside of the context of our current interaction.

So the single most powerful client retention tool is simply to Honor Your Word. To do what you say you will do, when you say you will do it. But what if on occasion, despite your best efforts, you can’t? Then notify the other party at the earliest possible moment, in advance if at all possible, and make a new promise of time/delivery and keep it. In other words, acknowledge the break down, clean it up, and move forward. Make this a day by day, moment by moment practice, and watch your practice and the strength of your relationships grow!

Seth Godin touches on this principle in his blog at http://sethgodin.typepad.com/seths_blog/2008/09/time.html

Mark Bullock

Partner / Practice Marketing Advisor PracticeMarketingBLOG.com MBullock.com

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Ever engaged a new client, enrolled a new customer in a service, or sold a new customer a product, only to have the customer back-peddle or worse - cancel after making a purchase commitment because they said - “You didn’t tell me…!!!”?

Client’s back-peddling or canceling after the sale hurt. They hurt not only the bottom line and your confidence, but waste valuable time. Ultimately it hurts the client/customer as much or more than you, because in their minds they had their hopes & trust in you dashed, and have wasted their time too.

This thumb rule is in part an incredibly powerful sales tool, part “managing customer expectations”, and part practicing making a “complete sale” – that sticks.

Recent brain research has revealed that the human mind is a prediction machine. Always wanting to know what’s coming, what’s around the corner, and in respect to you and your service, wanting to predict what their experience of you, and your product and service will be like.

So here’s the short answer; People don’t expect perfection, they just want whatever they spend hard earned money on to work. They don’t really want “cheapest” they really want to solve a problem, or at least make it go away. They hate being misled and manipulated, they appreciate honesty and integrity. So the more you can paint an accurate and authentic picture in their minds of what engaging with you will be like, so that they sense they have a “real” idea about what’s coming, the more accountable they will be to honoring their commitment to buy.

Lastly, of course – they want value from you. Never pretend that there are no downsides – that there is ever a payoff without a cost. If you are the one to bring up not only the “pay off’s” (upsides) but also the “costs” (downsides) of what you are proposing – you will be perceived as trustworthy. The salesmanship comes in being able context those downsides for them, in advance, in a way that empowers them to make an educated choice, and stick with it.

Mark V. Bullock Partner/PMA PracticeMarketingAdvisors.com

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It's growing at an exponential rate: But I've found there is still a humongous part of the professional world -- especially accountants and financial advisors -- who aren't into blogging & podcasting because they feel it doesn't apply to them.

First of all, they don't quite understand the technology - and that scares them. And then, these professionals rarely take part in such media (blogs, podcasts, on-line videos, communities). And when they do (like many those reading this), it's a foreign experience. Hint: You're supposed to leave a meaningful comment, and link back to your website.

Moreover, the vast majority of CPA's, bookkeepers, tax professionals, investment advisors, insurance brokers, and financial planners don't know if blogging & podcasting will bring more qualified prospects and referrals. They don't know - and they're afraid it won't work....

Here's how accountants & financial advisors can use "Web 2.0 social media" to market themselves better, even with all the compliance & ethics regulations.

On Friday, I was invited by a large financial services firm to address this question, in context of personal brand marketing. The full 42 minute session will be on Google Video shortly... a juicy 10-minute excerpt is now on YouTube:

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