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

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It happened today again. A managing partner of a boutique law firm had never "attempted marketing" because he felt he wasn't creative enough. In fact, most of his clients already come from [what I dub, passive] referrals. I'm guessing you're a bit more creative (or at least you have your moments)... You're at least pro-active enough with your practice marketing to read this blog post!

As you know, most attorneys and CPAs aren't "good at marketing," nor do most claim to be (... or want to be, in some cases). I am often challenged with the "I'm not creative" belief from my clients. They hope to get "new ideas" from me.

As a marketing advisor I must coach my clients to develop doable pro-active marketing skills. They need not become Mad Men! Practice marketing need not be very creative (ingenuity is always wonderful). In fact, too many ideas can become distracting.

I'm sure you also know many peers who think they have tons of great ideas... and fail to execute diligently. In fact, I contend that most of 'client development' is an accumulation of simple, everyday, habits. It may be as simple as turning reactive "waiting for referrals" word-of-mouth into pro-active education networking.

Creativity is fun and imaginative.
Still, it takes consistency, diligence, perseverance to complete a task, a project, a goal.

As a marketing advisor I help to generate ideas.
We brainstorm and prioritze.
Moreover, I help my clients to stay the course.

Way beyond creativity lay consistency.
After all, we learn through practice, practice, practice.
Branding is a matter of repetition, repetition, repetition.

Unfortunately, staying consistent can become boring.
Armchair "idea research" seems productive, but rarely yields clients.
What do you think?

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Tipping Point, by Malcolm Gladwell
Unleashing the Ideavirus, by Seth Godin
The Influentials, by Edward Keller and Jonathan Berry

The phrase 'Center of Influence' or COI is used often in sales & marketing, especially within the Insurance, investment, and financial services sector. Rather than marketing to them, we market through Influentials. Favoring the hub-and-spoke model, I agree with the strategy. It's its execution I question.

The phrase 'Center of Influence' or COI is used too often in sales & marketing, especially by financial advisors. Not every CPA is a COI. Not every advisor exhibits the same amount of Influence. In fact, how can we measure Influence anyways?

Influence presumes following: Thus, measure the followers - measure the Influence (sort of, close enough, and at least materially). [Sure, we can be 'moved' emotionally by Influence, not just physically. But we expect thought to lead to action - especially when it comes to marketing & sales.]

It's not always as easy as measuring followers of a blog, e-mail list, or LinkedIn 2nd degree reach (or twitter followers). The Centers of Influence in our off-line world must be 'measured' in less specific ways. (Besides, online following doesn't necessarily equate to off-line action.)

I like to synonymize COI as Group Leaders. That is, I ask my clients to list people who "lead groups: any type of group: professional/trade association, networking group, civic association, golf outings, charity dinners, etc."

While bureaucratic leaders may not wield the type of charismatic influence as we would want, at least they produce results. People show up, sit down, shut up, and listen... and spend money. Blunt; yet this is what we want our COI to do for us, eh? Those who 'lead ad hoc groups' showcase more charismatic influence than those leaders with titles. They naturally attract a crowd of listeners, fans, friends, etc.

Utilities like LinkedIn help us organize our database by Influence.

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Several recent experiences, both personally and professionally, with my clients & others have deeply reinforced to me what I’ve held as an accurate & authentic formula for what it takes to be successful as a Practicing Professional. I assert it holds true regardless of the state of the economy, or almost any other forces we may encounter. In fact this (not so) secret formula seems to hold whether you are a practicing professional, a business owner or an employee. I assert that the (not so) secret formula, as it became more apparent to me a few years ago, is simply the following:

To be successful, you only really need to:

1 - BE People Centric

4 - Do Great Work

Here’s how I distinguish these four tenets of success: Click Here...For the rest of the story

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In an Advisory, Consulting, Coaching model, potential clients often start out skeptical, then get enthusiastic when you show them the results that are possible for them when they engage with you. Then the reality sets in - that they will have to do something & be in action in ways that they are not comfortable or familiar with, and certainly they are not in the habit of doing things the way that you propose.

This all leads to their concern (fear) over what it’s going to take from them to “get over the hump” in order to get the results they want. Ultimately many then become resigned, focusing on all the reasons they can’t do what you propose, and then come up with every conceivable “objection” (real or imagined) to engaging with you. Price is the most prevalent objection, even though it is rarely the “real reason”. The real reason is that they either don’t see the value, or more likely, that they are afraid they won’t be able or willing to do what they need to do (their part) to create the results they want.

I recently converted a prospect into a client that followed this path. They were originally a “yes for sure”, then canceled, then a “not now, but definitely later” and finally a “let’s get started now” confirmed new client.

As for the how – I went above & beyond in offering Business Coaching (I’m also an experienced Business Coach) to help them move past what was standing in the way (themselves). This was as simple as a no-fee coaching session, and a couple of phone calls & emails. More importantly I refused to just give up (I wouldn’t buy into their resignation in the matter), but I was also not “attached” to gaining their business or desperate in any way. I just committed myself to their success – and – committed to their becoming a client now vs. later and the value that I could provide for them if they did.

The question is – where can you go above and beyond for a potential client, adding value up-front, that shows your commitment to their success? Perhaps you could show them a path forward, a way that they can do what they don’t believe they can’t do, to get the results they want.

Mark V Bullock Partner / PMA www.PracticeMarketingAdvisors.com www.MBullock.com

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Today Michael Arrington took a break from his extremely popular blog TechCrunch; read his blog post. You may not know his name; but in high geekdom, in the Web 2.0-mosphere, in the blogopshere... Michael Arrington may as well be a deity. And I've read enough blog commentary and outright reports about Michael's Arrogance. Maybe he is... or maybe he is stand-offish for rightful reasons. Or sick and tired of being pitched all the time... I can only imagine.

But this brings up a more serious question... NOT "what will happen to his blog?" For Michael has empowered other writers to contribute to his blog; like a magazine - not a column. TechCrunch is an institution; not a personal brand. And I'm sure Michael's brand will be preserved (in whatever perception people have). [Incidentally, I am also proud of how Dan Schawbel has brought on other writers on his Personal Branding Blog. Likewise, I welcome Barry & Mark that have begun to post here too.]

That's lesson #1 to be learned. Leverage your personal brand: Create intellectual property that no requires your physical presence. Musicians create albums, then create labels. Trump is not just a real estate developer. This way you can take a break, and keep rollin'.

But there's another lesson opportunity raised...
It's a frustration raised to me by luddites, naives, the confused or complaining alike.
"Facebook and all that blogging stuff just makes my personal life too... public.
I like my business communications to stay... professional."
Of course, it is said to me with a sneer or disappointment. I have to smile. And I have to comfort. ... I listen and nurture, before predicting and advising. If they're nice

First I explain, "Well, business is changing..." I don't get into it in personal usually... but actually, it's going back to how it used to be. In small towns and villages - for most of our civilizations - thrived on knowing each other. Fights happen; laws were needed - but, "your word is bond." And the Internet brings a transparency to our business life. Sure, I don't like cameras (figuratively & literally) - and have always carried a film of Orwellian cynicism even in my most idealistic & righteous days - very proud for supporting ACLU, etc. -- (paint with me with some broad brush if you must).

But the Internet, more importantly, enables us to craft our brand... to show off what we want to show off... sure, we have to joke with friends "don't paste this all over Facebook"... but our life is wonderful with these little gadgets that could equally embarrass us. It's the responsibility we all have - with this great power (personal branding using the Internet, that is).

But as our fame grows, so does the public's want of us. Michael Arrington reminds us of the dark side of celebrity. We know we can't be safe by hiding - or by avoiding crafting our personal brand. My mindful thoughts go to him and his family. While some kill to win, win to kill, and kill to kill... we need to win to win in a way everybody wins.

We should all take a break some time. We should be allowed family space - no matter how much we are in, want, or are about the lime light.

Can we grow our personal brands, while protecting our family privacy? Yes we can.

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Stories where you're quoted helps promote your "expertise brand" - as is my case with the Wall Street Journal's Startup Journal & Entrepreneur magazine some time ago. But I prefer to help my clients create on-going columns and other articles, as is my case with Long Island Business News and Financial Advisor magazine.

While being quoted helps get your name out there, regular articles helps to get your expertise out there. Getting your articles regularly published in professional journals, local newspapers, and colleagues' newsletters is actually easier than being in the right place at the right time for journalists (as PR agents do).

My latest articles can be found in Personal Branding magazine, where I interviewed "G" from FOX's Secret Millionaire - about his own personal branding success tips. You can also read my latest column in the New York Real Estate Journal in this week's issue.

The first step is to write... which is why blogging is a great start. Having a cache of 2 or 3 articles enables editors/publishers to take a look at your work. Many times they can will publish it as-is, or request a new (unpublished) topic. The traditional column length is 700 words.

The second step is to mine your relationships for media contacts... which is why LinkedIn, etc. is a great start. Ask your centers of influence and other colleagues about writing for their newsletters, contacts at local/regional newspapers, and trade journals.

The third step is to a) learn more about these publications & b) develop a relationship with these contacts. Like any business relationship, don't begin with a pitch. Rather, start with questions. You should already know if they've covered the kind of topics you want to write about. (Avoid a foot in mouth response: "Umm... actually... we published something like that last month.")

Yes, it takes more time than simply "cold e-mailing" your articles... but relationships are more valuable than transactions. For example, last January, one of my clients had introduced me to the publisher of the New York Real Estate Journal. She was overwhelmed with professional and personal pressures that prevented us from developing our relationship. Now exactly a year later, we've begun to add value to one another - and to her readers. Likewise, I've since been quoted by Long Island Business News several times since ending my series of business columns.

With due diligence and diligent efforts, you too will develop a long list of media quotes and better yet, published articles. Have you been quoted some place? Do your articles appear regularly in publications? Comment below; we get about a 1,000 readers every week.

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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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On December 16, I was invited back for a 3rd time to address the Preferred Providers Network of the National Network of Accountants. My topic included a worksheet that would help the room of CPAs, attorneys, and financial advisors to "Trigger More Referrals, with a catchy 1-liner." You can practice along, with the worksheet attached, and the video below. Better yet, add your 1-liner below in the comments. (The video seminar brightens up after about 15 seconds.)

I introduced our Community Hexagon™ to the room. Many had been to a previous seminar (Target your Market to the 4°), which went over the Community Dartboard™. They are similar concepts - in that they outline the 6 facets of a "community," a like-minded demographic that shares lifestyle aspects that encourages culture & identity. It's not so esoteric: Dog lovers and trial attorneys are sub-cultures, that is, they share all 6 facets of the Community Hexagon™.

Likewise, we can take the more-general community of pet owners and the community of professionals and go to the "4th degree" in the Community Dartboard™. By doing so, we would be able to check-off all 6 criteria on the Community Checklist™ with which the worksheet begins. How far can you go on the downloadable Worksheet? Does your target market meet all 6 facets that would make it a Word-of-mouth buzz-friendly group?

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For the second year in a row the American Bar Association has compiled The bLAWg 100 (clever pun intended); the cover story for the December issue of the ABA Journal. Even more dramatic than how the legal community has taken to blogging, is the American Bar Association launching their own social network, called LegallyMinded.com. Poised to become the LinkedIn for the legal community, it not only enables lawyers to launch their own blog, but also provides articles (Resources) on practice management, marketing, and careers. While it's just beginning, ABA is pro-actively helping to make blawging (and on-line networking in general) acceptable and soon mainstream.

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Are you getting any comments from prospective customers like “our budgets being slashed”, or “It’s not in the budget”? I will paraphrase Jeffrey Gittomer: “Why are you selling to the person that has to go ask Daddy for the money, when you should be selling to Daddy in the first place?” It’s an abrasive, but I believe, valid point.

Here’s how it works; The principle or CEO sees a possibility & an idea or belief of what it will take to improve her/his business from YOU (salesperson/consultant/trusted advisor). He/she then delegates/introduces you to the Director of _______, with accompanying words of encouragement and/or direction to explore what you are suggesting & see if it will work for them. If there’s a strong potential fit/synergy/ROI, then surprise – surprise, money/budget that didn’t exist for the Director of _______, suddenly & almost magically becomes available.

I’ve personally sold millions in products & services by bypassing the entire decision chain, and speaking directly to the person that holds the proverbial purse strings. Most of which were never “in the budget”. Warning – it requires dedication to effective & creative marketing, not to mention strong & clear communication skills to get and keep the ear of the decision maker. Also, it’s not often you can even get there at all - through the “normal channels” of bureaucracies, management ego’s, and gate keepers that are so prevalent in mid-sized and larger organizations.

I assert that effectively reaching & engaging with the prime decision maker requires a whole new level of commitment, one beyond what most of us have ever experienced. A commitment to a cause, to making a difference for a client, their employee’s, and their customers. A commitment to add real and tangible value. This absolutely has to supersede your desire to “make the sale”. The $$ comes as an effect of your commitment to your cause and to your client, not the other way around. Take a stand (as in “stand out”) for something both you and your target markets prime decision makers both care deeply about. That’ll get you on their radar screen!

Lastly, it takes a commitment to leveraged, effective, and consistent marketing & branding. Consistent “value first” marketing that uses a web of channels, clear value driven collaterals, and consistent touch points to convey the most valuable thing you have to offer – your cause/what you stand for - Your Personal Brand.

Mark Bullock
Partner – Practice Marketing Advisors
www.PracticeMarketingBLOG.com
www.MBullock.com
 

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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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I only recently put myself up on LinkedIn, Facebook, and MySpace. This was after years of not really getting what the value was, and my concerns over the “professionalism” of my being on such sites. But, I bit the bullet and set-up my profile on each, and started wondering - now what?

I figured out that it was probably a good idea to scour my address book for the people in my own network that were already on one or more of these sites (some I had not been in touch with for years). I found a few dozen, and decided to invite them to “join” my network. About half of those I invited joined – ok, not sure what happened with the other half, but now what to do with those I was connected to? How could I leverage this medium, what could I contribute that would be of value?

Then it dawned on me, how about making “recommendations” and/or “endorsing” the people I knew. It would be a simple gesture, acknowledging who each of these people were for me. Many I had not directly done business with, but I could certainly speak about their character – what kind of person they were. So I took a Sunday afternoon and wrote about 25 recommendations and/or endorsements for those in my “network” on LinkedIn. I spoke from the heart, in plain language, again simply acknowledging these people for their individual contributions to me, or the community around them – what ever came to mind.

What happened next frankly stunned me. First off a handful of individuals immediately recommended or endorsed me back – thanks guys! But what was more important was the emails & calls I got thanking me for my endorsement, and wanting to know how I was, what was up to, and when could we meet for coffee – lunch whatever. Now as I said, some of these folks I hadn’t interacted with in a few years, and honestly most were not aware of my career shift towards marketing.

In short the combination of relationship “re-connects”, “cross-connects”, direct business, and referred business that I received thought this simple act of endorsing others, was totally disproportionate to the relatively small effort I initially made. You see I had stumbled on a powerful secret – I made it about them, not about me. The moral of the story: Join an online social network, be authentic & generous, connect & endorse others. Business is conducted personally between people, people are personally connected to each other – get personally connected – conduct more business, personally!

Here's a cool video on Social Networking

Mark Bullock

Partner / Practice Marketing Advisor

PracticeMarketingBLOG.com

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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