Set Expectations Via E-Mail

Here’s a great tip via Email Overloaded:  In your e-mail signature, include something like Bob Walsh does:

(I usually check email every few hours during the day.)

Total Information Awareness, for Lawyers AND Clients

Pronet Advertising has a great list of 10 Things You Should Be Monitoring online.  Other bloggers have jumped in with numbers 11–17 and 18–23.  The first ten:

1. Company name
2. Company URL
3. Public facing figures
4. Product names
5. Product URLs
6. The industry “hang outs”
7. Employee activity/blogs
8. Conversations
9. Brand image
10. Competitors

Good advice, but I’d take it a bit further.  You should absolutely be monitoring these things for all your clients, too.

Reebok Rules for Lawyers Serving Entrepreneurial Clients

Sun General Counsel Michael Dillon, who’s now blogging, points to a fascinating article (pdf) titled  “Reebok Rules” from former Reebok GC John B. Douglas, III.  The “Rules” contain “important lessons about lawyering in an entrepreneurial environment.”  If you serve businesses of any size, it is a must read.

Fire Us, Please!

Joel Spolsky has noticed that FAQ pages for online services almost never include instructions for how to cancel your account, then talks about making it easy for his clients to “fire” his company.  And about their moneyback guarantee?

Since we started the company in 2000, the moneyback guarantee has cost us precisely 2% of revenues, which also includes chargebacks, credit card fraud, and people who accidentally ordered twice. That figure that has remained remarkably stable through the years and which I think is well worth it, but then again, I'm only measuring the cost, because the benefit is too hard to measure!

Do you have instructions how your clients can fire you?  And about that guarantee….

Going to Get Really Sick? Follow These Rules

Gretchen Rubin is trying to find happiness.  Her blog, The Happiness Project, chronicles her year-long journey, in which she tests “every principle, tip, theory, and scientific study [she] can find, whether from Aristotle or St. Therese or Martin Seligman or Oprah” to help her become happier.

Lately, she has been reading dozens of memoirs about illness.  Here are the lessons she’s gleaned from them about dealing with doctors and hospitals (though they could just as easily be applied to dealing with lawyers and law firms):

You need to educate yourself as much as possible. Doctors don’t have the time or the emotional energy to explain all the possibilities to patients and their families.

Write everything down. It’s hard to take in information the first time you hear it. And keep thorough records for insurance purposes, too.

Every additional course of action carries pitfalls: side effects, pain, the difficulty of recovery from surgery, subsequent infections, time in the hospital, the real possibility of medical mistakes. So resist the impulse to “do everything.”

Double-check everything you can. When my father was in the hospital, his doctor told him not to drink anything, then a nurse urged him to take a pill with water—which would have been disastrous, if he’d done it. A friend who went through chemo had a special notebook where she wrote down her prescriptions, and checked her notes against the chemo bags before she allowed each treatment to proceed.

Before following a course of treatment, press as hard as you can—is this procedure absolutely necessary (e.g., do you really have to have that enema)? How painful will it be? How invasive is it? What other options exist, and are any of them less invasive, painful, etc? What will happen if the procedure isn’t done? Arthur Frank refused to sign a consent form when his doctor didn’t explain an operation to his satisfaction—and then ended up not having it at all.

Note that the medical staff often minimizes the discomfort and difficulty of treatments. Perhaps this arises from a desire not to be discouraging, but the effect is often to make it difficult to plan (will it really be possible to go back to work within a few days?) or to make patients feel that they’re complaining unreasonably.

Stay with the patient as much as possible. I don’t know what the visiting rules are in hospitals, but having read these books, I don’t think I’d leave a patient alone there, ever, if I could help it.

Insist on understanding the true prognosis. In several accounts I’ve read, people reflect sadly that they didn’t really understand that the patient was going to die. And so they made choices they regretted—for instance, resisting using methadone, despite its effectiveness in fighting pain, because of its addictive properties. A ridiculous concern to someone who will die in three months! Terrible news is hard to hear, and it’s hard to give, so if you want to know, you need to push. Stan Mack recalls that Janet’s doctors’ talk was “ambiguous.” He recalled a doctor saying, “You don’t have a curable cancer anymore, but with medication there is a subset of women who…” They didn't understand what they were being told.

Be Phone Tree Free

Got an e-mail the other day from Marcin Musiolik, alerting me to his company’s new project called Bringo!  Here’s how it works:

1. Find the company you'd like to call by category (credit cards, mortgages, loans, health care)
2. Enter your phone # (we will never disclose your phone number to anyone, not even your mother!).
3. Wait a few seconds while we navigate the phone tree.
4. When we call you back, pick up your phone and you're done. No more phone trees.

Looks pretty cool.  Try it out and let them know what you think in the comments to this post.  And if you think your clients or customers would use this service to contact your firm, it’s time to rethink your telephone answering options.

UPDATE:  Marcin tells me they are adding law firms next month.  I’d sure not want to see mine on there.

Advice for "Contact Us" Pages

Here’s some good advice for those “Contact Us” pages on the web:

Problem: Contact options are limited. …

Solution: Give customers more control of how to contact you. Provide plenty of options: phone, form, e-mail, and chat. Let them contact you their way. RADirect offers a telephone number to talk to an engineer, as well as a short form and a chat option when available. The e-mail form guarantees a response in one business day. If you click on "Speak to a System Engineer" in the nav bar, you're guaranteed a response in two hours from the point of action.

Problem: People are left to send and pray. So many contact forms and "thank you for contacting us" pages leave visitors frustrated. They don't provide any information on what to expect when someone contacts the company via form or e-mail. Visitors want to know when and how you'll reply. Some pages won't even give the business hours. …

Solution: Tell visitors exactly what to expect when they reach out to you. Tell them what's happening and what to expect in the future. If they must have information handy when they contact you, be sure to list that on the "contact us" page, too.

There are lots more “Problems” and “Solutions” in the article.  Worth a look.

Do All Your Attorneys Talk To Clients Daily?

From Kayak.com’s founder comes this management gem:

At Kayak, I require that every employee talk or email with one or more customers every day. When I've mentioned this to friends-- that we give personal replies to all feedback and require even high-paid engineers spend time talking with customers every day-- they think I'm crazy. They think I should push customer support off to a separate lower-paid team rather than bothering my expensive engineers. But I will tell you a secret:

Having every Kayak employee talking with customers every day has been the best thing we have ever done. It is one thing to (a) have a computer or IVR trying to answer customer emails and phone calls and then (b) having a customer support department trying to address unanswered questions and then (c) raising the ones they can't handle to a quality assurance department who helps out, and who then (d) raises only a tiny subset of those issues to the product engineers.

It is quite another thing to make engineers talk directly to customers, removing layers of communication. Many brilliant engineers are empathetic problem solvers but they are also sometimes lazy and don't like to do anything more than once, including answering the same question over and over. When their software does something stupid, and they are thus required to answer the same customer question about it many times, and they have to look those customers in the eye and see their problem, those engineers then actually take the time to fix the problem.

Do all the attorneys in your firm talk to a client every day?  Maybe they should.

Less Work Equals Same Productivity?

Interesting story related by computer company manager:

So we went down to a thirty-two-hour-a-week schedule for everyone furing a down time. We took everybody’s hours and salary down - executives too.

But [the company] discovered two surprises.

First, productivity did not decline. I swear to God we get as much out of them at thirty-two hours as we did at forty. So it’s not a bad business decision. But second, when economic conditions improved, we offered them one hundred percent time again. No one wanted to go back!

Never in our wildest dreams would our managers have designed a four-day week. But it’s endured at the insistence of our employees.

Now, if you could just figure out a way to get your clients on board and let you charge them for that phantom day each week. 

Good (Net)Vibrations

Here’s an exercise for today.  Check out NetVibes, a really cool customizable home page, with the ability to display multiple types of content in drag-and-drop boxes (read a quick review here).  Then think about the kind of RSS-driven content your firm or company could generate (think RSS feed for each case, for example) and imagine giving your clients a home page customized just for them.  Oh yeah, the cost of a NetVibes page?  Free.

Meet Tomorrow's Clients

According to this study:

Gen Yers spend 12.2 hours online every week -- 28 percent longer than 27- to 40-year-old Gen Xers and almost twice as long as 51- to 61-year-old Older Boomers. Gen Yers are also much more likely to engage in Social Computing activities while online. For example, they are 50 percent more likely than Gen Xers to send instant messages, twice as likely to read blogs, and three times as likely to use social networking sites like MySpace.

"All generations adopt devices and Internet technologies, but younger consumers are Net natives who spend more time online than watching television," said Forrester Research Vice President and co-author of the report Ted Schadler. "Younger generations live online, reading blogs, downloading podcasts, checking prices before buying, and trading recommendations."

What Start-Ups Want in a Lawyer

OK, so Andy Lark is talking about hiring a PR agency, but I think he could just as easily be talking about hiring a lawyer:

But I don't want $15,000 dollars worth of service. I don't even know what that is!

I want results. I don't care what it costs or whether an agency has to under or over service to deliver it. I just want results against the agreed budget. You commit, I commit, we all commit together.

What is more troubling to me as a Valley CMO is:

1) finding a great agency is bloody hard work. They are few and far between. At any billing rate. Few CMOs I know get the value of PR or AR, let alone the value of a good agency... I accept we are part of the problem, but...

2) finding an agency that gets your business and has a real enthusiasm for contributing to the growth of the business - harder still

3) finding an agency that understands that great ideas get funded - near impossible. They are caught in the conundrum or belief that ideas require budget prior to being generated. Bullshit. (and I am talking about real ideas, not those regurgitated from the last pitch)

4) finding a team that can explain why they should get paid more and then associate some kind of outcome with the result - well, if you find them, let me know. The most common justification - "we've been over servicing your business for six months now, you need to pay us more" - is nuts. Nuts!

5) finding an agency - the word is a bit of an oxymoron. It implies some kind of powerhouse of ideas and execution - the strength of a team. What you generally end-up funding is one very dedicated individual surrounded by some other folks - generally you aren't quite sure what they are doing but they all arrive for meetings and scribble madly into notebooks.

What is needed is a new kind of agency. One not built on billable hours and 10k budgets. Maybe one built on the power of ideas to drive a startup's growth curve? One with the courage and conviction to articulate a value proposition that resonates with the CMO of a start-up and ability to explain what the budget should be.

You see, we live less in the conceptual world of brand and reputation and more in the real world of qualified opportunities, pipeline growth and time to sale.

Until then, 10k sounds like a nice round number to start with. Agencies shouldn't let it end there. We will pay more. And I am willing to put my money where my mouth is.

If you want to serve this market, listen closely to Andy’s complaints.  Make it your number-one priority to contribute to the growth of your clients’ businesses, not to extract the maximum amount of money from their coffers.  Build client-centered teams — and make sure your client meets everyone on the team BEFORE their time shows up on a bill.  Finally, start your representation by focusing on the goals of the client and the results they desire.  Then agree upon a budget (or, gasp, a fixed price) to meet those goals and achieve those results.

Toilet Training to Understand Clients

Rick Segal needed a new toilet seat.  He removed the old one and planned to take it to Home Depot so he could find another that fit.  Then he had this though:

On the way over I started thinking about how normal (aka comfortable) it will be to wander around home depot with a toilet seat.  Everybody in the place is there to do something involving the installation or repair of something. Indeed one might think of it as a sign of pride or a badge of honor that I, lowly VC/Bureaucrat, had the macho chops to be DIY in the bathroom business. Oh, yeah.  In fact, to be Joe “I’m bad” Fix-it Stud Muffin, you haul around the whole toilet but that’s for another day.

I was, at the same time, pretty certain that if I walked around the grocery store with a toilet seat, the reaction would not be the same.  I was sure of it, but as a service to my now loyal readership of 20 (thanks to all the cousins out there), I endeavored to prove this theory.

I swung by the grocery store (Sobeys, if you must know), hopped out and proceeded in with my toilet seat.  I dropped it into the basket, wandered around, grabbing a few things, and then headed to the checkout. Stares, looks, snickers from kids, right on cue.

Next, I headed over to the Home Depot and did same. Nothing. Everybody, including the kids with parents, were all busy doing whatever.

So, what’s the point of this bathroom humor?  According to Rick:

Developers of products and services spend way to much time thinking that whatever environment they are in, it’s the same comfort zone as everybody else.  So, the next time you want to remind a developer/designer to remember the target, send em out for a case of soda and a bag of chips while carrying the office toilet seat.  That feeling of being uncomfortable, stared at, etc, is what some people feel like when a software and service isn’t comfortable for them. 

I think he’s absolutely right.  As lawyers, we tend to forget just how uncomfortable our clients are when they meet with us, give a deposition, or go to court.  To remind ourselves just how uncomfortable they feel, perhaps we should take Rick’s toilet seat advice.  Next time you are about to appear with a client for the first time on “just a routine matter” in court, think about how you’d feel standing there in front of the judge with a toilet seat in your hands.  That should come close to approximating your client’s unease and discomfort.   

May I Help You With Anything Else?

Michael Cage shares three mistakes he sees many small consulting practices (like law firms) making.  Number two on his list:

Your clients have problems they do not know you can solve. Clients have many problems you can solve. But with many of those problems, they have no idea that your business can help solve them. It is up to you to identify the problems, let the client know you understand them, and tell them what to do about it. (There is a never-fail system I use to do this, it’ll be the topic of another post. Keep an eye out...)

How do you identify all of your clients’ problems? 

I'm Sorry I'm Late, To Whom Do I Make This Check?

Earlier today, I posted about a novel way to make sure clients keep their appointments.  In a comment to that post, a reader wrote:

That is a good plan except it should work both ways. With rare exceptions, I have never had a doctor get me in on time.

I agree.  Imagine if you promised to donate the same amount you charged for missed appointments to your client’s charity of choice if you are the one who misses the appointment. 

One Way to Sell Wisdom

Having a difficult time “selling” your value as an advisor instead of a tecnician?  Here’s an easy-to-understand way to communicate the differences between Data, Information, Knowledge, and Wisdom, from the Across the Sound podcast (via Howard Kaplan):

Data is "the sun rises at 5:12 AM"

Information is "the sun rises from the East, at 5:12 AM"

Knowledge is "If you're lost in the woods without a compass, follow the direction of the sun to find your direction"

Finally, wisdom is "Don't get lost in the woods"

If You Can Find a Better Lawyer, Hire Them ...

If Chrysler can do it, so can you:  Offer a Guarantee.

Length Doesn't Matter

Are your best clients those who have been with you the longest?  Apart from the fact that your longest-term clients may be paying your lowest rates, just because someone has been with you since 19xx doesn’t mean that they are your best client — or even that they love/appreciate/tolerate the work you do for them.  In a post talking about a long-term client’s dissatisfaction with (perceived) higher billings, Jeffrey Phillips hits the nail on the head and shares six lessons his company learned from the episode:

We perceive that we work in the best interests of our clients, often redirecting or turning down work that we think is unnecessary for the client - or attempting to find good, lower cost alternatives.  However, doing this doesn't necessarily mean the client recognizes those efforts as beneficial to them.  I've learned a few things:

• never assume that because a relationship is long that it is necessarily a good one
• never assume that silence means that a customer is happy
• have the data to support your positioning that you are doing things for the good of the client
• toot your own horn to the client ocassionally.  No one else does.
• recheck your assumptions and value proposition periodically.  What a customer valued a year or two ago may not be so important now
• keep the customers that value the benefits you provide, and fire the customers who can't establish a trusted relationship with you.

The first two should be written on top of every file, don’t you think?

Easy, not Free, Does It

Joyce Wycoff suggests that “Easy” is the New “Free” on herGood Morning Thinkers! blog.  She recounts her experience applying for a mortgage, both in person at her local bank, and online.  She raves about her “easy” experience with QuickenLoans and asks a question we all should take time to answer:

So, how could you make life easier for your customers (internal or external)?  It may be the most powerful thing you could do.

Indeed.  How often have we focused on making things easier for us (as professionals) but not for our customers?  In fact, do any of us know what our customers/clients want or need?  What would make it “Easy” for our customers to do business with us? 

Go ask them.

Relaxify Your Office

Steve Pavilina shares 10 suggestions for creating a more relaxing workspace.  Though most of the tips are to make your office more relaxing for you, some of the same suggestions would help “relaxify” (his word) your office for your clients:

2.  Clear out the clutter.  One look at a cluttered workspace, and you get a sense that the person working there is stressed, overwhelmed, and disorganized.  Years ago I read about a study that concluded most managers will not promote a person with a messy workspace into a position of responsibility.  It’s assumed that if you can’t organize your physical environment, you’re probably incompetent to a certain degree and can’t be trusted.  And if layoffs happen, you can imagine who the most obvious targets are.

But even more critical is the effect a cluttered workspace has on your focus.  It’s difficult to feel centered when you’re surrounded by unfinished tasks that constantly remind you of what you haven’t done yet.  Ideally the only paper items on your desk should be directly related to the current task at hand.  Store everything else in drawers, shelves, or cabinets.  Many people notice a dramatic improvement to their productivity when they try this.

If managers won’t promote a person with a messy workspace into a position of responsibility, why should you think your clients will trust you with even more of their business if you work in a pig sty.

4.  Make it smell good.  Australian dentist Paddy Lund has his staff bake fresh muffins for his patients daily.  Think about how a dentist’s office usually smells.  Now imagine walking into one that smells of blueberry muffins.  Along with other changes, this reportedly helped Lund increase his income by a factor of 10.  I’m not suggesting you add a Holly Hobby Easy Bake Oven to your workspace, but there are plenty of practical ways to make it smell better than cleaning supplies.

Personally, I’d choose chocolate chip cookies. 

9.  Personalize your space.  Does your workspace look like an automaton works there, or does it include elements that are uniquely you?  Remember that your workspace is your living space for much of your day, so make it livable and not just workable.  A good way to accomplish this is by adding items that hold emotional significance for you.

Photographs are an easy way to personalize your space.  I have some typical family photos in my office and the requisite wedding picture, but there’s one particular photo from when my wife and I first met that was taken by my (now deceased) grandfather that’s very special to me.  I like being able to see it when I work.  It also reminds me that I’m not alone — my wife and I are sharing a wonderful path together, and I’ve seen plenty of signs that my grandfather is watching over us.

For lawyers, “personalize” doesn’t mean “display your diplomas.”  Instead, make sure you have some family photos and things that hint that you are a regular person.  These are great conversation starters, though I’d be a bit careful with golf stuff and your membership certificate in the BMW Owners Group, as these really play into many client’s negative stereotypes of lawyers.

In a final tip (and my favorite, to boot) Steve suggests we:

10.  Establish uninterruptible periods.  Negotiate a period of time each day where you turn off all outside communication, and encase yourself in a cocoon of concentration.  Put up a “Do Not Disturb” sign, turn off your phone, disable your instant messenger, and don’t check email either.  Use this time to work on the tasks that would cause you the greatest stress or which require your utmost concentration.  It’s easier to relax and focus when you know you won’t be interrupted.

Some jobs obviously require more solo concentration time than others.  A computer programmer may need a lot, while a receptionist may need virtually none.  Determine how much you need to be productive, and do whatever is necessary to get it.