Tell Your Clients What's True

Seth Godin is fed up with the traditional business plan, suggesting they're "often misused to obfuscate, bore and show an ability to comply with expectations."  Instead, he'd like to see the modern business plan divided into five sections:

  • Truth
  • Assertions
  • Alternatives
  • People
  • Money

It seems to me that this breakdown would also be a great way to subdivide the traditional client status update (or case analysis) letter.  Instead of burying tons of information in multiple paragraphs, break down the letter into the five sections Seth suggests.  Your clients will better comprehend the information your giving them, and you'll have an easy-to-use template for all your client correspondence.

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Happier Clients Make Fewer Choices

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Have you ever tried shopping for toothpaste at Target or Wal-Mart?  Once you decide on your brand of toothpaste (I've always been a Crest man), you're still faced with a dizzying array of choices.  And, if you're like me, you spend far too much time deciding upon a product and often feel dissatisfied with your ultimate choice.

Turns out we are not alone.  In her new book The Art of Choosing, business school professor Sheena Iyengar presents research that proves people's decision making skills  worsen when presented with a plethora of choices.  In other words, people decide better (and spend more) when given fewer choices.

In this Wall Street Journal article, Professors Iyengar's famous "jam experiment" is detailed:

In a Palo Alto, Calif., supermarket known for its exceptionally vast range of products, she set up two different booths offering shoppers the chance to sample various unusual preserves. One booth offered 24 different options; the other only six. You would think that, with more choices in the first booth, more shoppers who stopped there would find a flavor they liked and go on to buy a jar. But the opposite happened: People tried more samples and bought a lot more jam at the booth with six varieties.

The people who stopped at the 24-jam booth didn't say: "Please take away most of these options so I can more easily make a decision." They simply felt overwhelmed and less willing to make any choice at all. The same feeling can arise in people who are offered an array of detailed investment options or in college students who must choose four or five classes from among the hundreds listed in the course catalog. In these situations, perhaps some strategy for choice, established in advance, could help discipline the decision-making process by focusing it on a manageable set of options.

So, next time you have a client conversation, remember that you may be better off discussing a few options instead of many.  Instead of giving your clients lots of choices, curate the list down to a solid few.  You'll end up with happier, less-confused clients who will thoughtfully consider their options, instead of being overwhelmed  by them.

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Should You Touch Your Clients More?

 There's some very interesting research on the power of touch in business situations.  In this Harvard Business Review post, author Peter Bregman, shares this experiment that found that a brief, light touch affects people's decision making:

In one experiment, as a woman showed subjects to their seats in thelab, she lightly and briefly touched some of them on the back of theirshoulder. Then researchers asked the subjects whether they would prefera certain amount of money or whether they'd prefer to gamble for thechance to win more money, receiving nothing if they lost. The peoplewho were touched were 50 percent more likely to take the gamble. 50percent!

And it's not just any touch. A handshake didn't achieve the sameresult. A handshake isn't comforting, but a touch on the shoulder orback is.

Another study, profiled in the New York Times, found that touch can result in:

almost immediate changes in how people think and behave .... Students who received a supportive touch on the back or arm froma teacher were nearly twice as likely to volunteer in class as thosewho did not, studies have found.A sympathetic touch from a doctor leaves people with the impressionthat the visit lasted twice as long, compared with estimates frompeople who were untouched.

Obviously, good taste and propriety should rule the day when it comes to touch, but perhaps next time, instead of expecting that pat on the back from your client, you should give one instead.

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Revive Zombie Clients and Other Great Tips

There's some great, simple advice from the Freelance Folder in Seven Tips to Keep Your Clients Coming Back for More.  The tips:

  1. Offer packages for recurring work.

  2. Give your best clients special treatment.

  3. Revive “zombie clients.”

  4. Mark important dates.

  5. Foster a feeling of belonging in an exclusive club.

  6. Create promos throughout the year.

  7. Ask for referrals.

Go read the entire article.  It is worth your five minutes.

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Audit for Obsolescence

Jordan Furlong suggests lawyers and firms conduct an Obsolescence Audit, aimed at identifying aspects of your business that won't survive the next ten years.  Here's his checklist of things to look for:

1.  Any offering that’s the same no matter who buys it.
2.  Any offering essentially the same as your competitors’.
3.  Any offering not optimally designed for client value.
4.  Any offering that really, truly doesn’t require a lawyer.

Read the entire post for Jordan's elaboration on each point.  A fantastic idea!

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Resolve to Let Clients Set Your Price

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I've been using my "You Decide" fill-in-the-blank invoice, for over a year now.  In that time, I've found time and time again that my clients pay me more than I would have charged them.  And, in situations where clients demand a fixed price, I'm quoting them much higher prices (coupled with a money-back guarantee) than I would have before my invoice experiment.

Even though I've been doing flat-fee work for almost a decade, I used to (even subconsciously) focus on the time it took me to do something.  Now, everything I do is focused on delivering the biggest "bang" for my clients, knowing that the "bucks" will come.  I don't track phone calls, preparation time or limit meetings, and I don't charge for materials, travel, meals or other expenses.  In short, I trust that my clients will take care of me if I take care of them -- and they always do.

In 2010, I'd encourage you to resolve to let your clients set your price -- at least once.  Ask a trusted client to list all the services they'd like you to provide for them.  Suggest unlimited phone calls, regular meetings, document reviews, etc.  Provide all these services to them for a month's time.  Then, ask them what they're willing to pay for all the work you've done.   

You may find your clients value your services more than you do.

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Resolve to Support the Causes Your Clients Do

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If you've got a big client, odds are they've got a pet project.  Whether it is for a community organization, charity, civic group or volunteer event, supporting the causes your clients do can deepen your relationship with them while benefiting those in need.

That's why, in 2010 you need to Resolve to Take Care of Clients' Pet Projects.  For every client, find out what kinds of charitable groups or causes they support (and why).  Armed with this knowledge, here are a few things you can do:

  • Get on the group's mailing list, so you'll always know how you can help.
  • Donate money or goods to the cause's auction in your client's name.
  • Instead of spending your time entertaining your clients, spend that time volunteering with them in support of their cause.  You'll get the same one-on-one time with the client, but will be helping out those in need.  As a extra bonus, you'll probably also get an introduction to several of your client's peers.
  • Find out what is the most pressing legal issue facing the cause (or its members), and offer to give a seminar to help them understand it better.
  • Donate a percentage of that client's fees to their cause as your holiday gift the client.

Your clients will not only appreciate your interest in their cause, but you might gain an interest in theirs.  When that happens, everybody wins.

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Resolve to Land a Big Fish

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Almost every lawyer has a "big fish" they'd like to land. Whether that fish is an individual client, a corporation, an insurance company or even a great referral source, your big fish isn't going to catch itself. 

And what better place to find advice on catching "big fish" than on a website called TakeMeFishing?  Some fishing wisdom to keep in mind when you're Resolving to Land a Big Fish:

Fishing techniques:

The cool thing about fishing is that there are hundreds of species of fish to catch.  What's even cooler is that there are multiple ways to catch a particular kind of fish.

When to fish:

You'll soon learn that when it's a bad day for fishing in one location, it could be a good day in another, and the locations may not be far apart.

Finding fish:

You don't have to travel far or spend a lot of money to find a body of water with fish you can catch.

Landing bigger fish:

Don't be anxious.  Even if you get the fish close to the boat, that doesn't mean it's done fighting.

Setting the hook:

It takes a lot of experience to know when to set the hook.  It also takes a lot of patience.

Some fish will nibble on your bait or lure, causing your line to tick or wiggle.  And some fish will try to swallow the entire bait, hook and rig all at once with one big hit.

Different fish strike differently.  And the same fish will go after your bait differently depending on the time of day or time of year.

Caring for your catch:

Fish spoil quickly if you don't handle them properly from the moment you land them.

So as you plan on landing one big fish in 2010, make certain you're prepared: know who they are, where they hang out, what you'll use to attract them and what you'll do with them once they're caught. 

Know the answers to each of these questions before you "go fishing" for big fish, or all you will end up catching are small ones you'd rather throw back. 

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Resolve to Count Cards

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As 2009 draws to a close, we all find ourselves with lots of stuff on our "to do" lists for the next year.  Whether your thinking about finding time to meet your deadlines, accomplish your goals or even follow your resolutions, there never seems to be enough time to do it all.

As you begin 2010, Resolve to Count Cards, using this this incredibly powerful exercise I first ran across in 2006.  From an article in the now-defunct Worthwhile Magazine (by creativity guru Eric Maisel) comes this gem:

Get seven decks of cards with similar backs. Lay out all sevendecks on your living room rug, backs showing. This is a year of days(give or take). Let the magnitude of a year sink in. Experience thiswonderful availability of time. (This is a powerful exercise.)

Carefully count the number of days between two widely-separatedholidays, for instance New Year's Day and the Fourth of July. Envisionstarting a large project on that first holiday (today!) and completingit by the second.

It also works great with clients!  Give it a try.

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Resolve to Apologize Better

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Everyone makes mistakes.  Even lawyers.  That's why, in 2010, you should Resolve to Apologize Better.  

Why apologize?  Apologies increase client loyalty and reduce malpractice exposure.  But how do you apologize better?  Practice! 

Here's a great guide from Psychology Today (about apologizing to women) that sets out the six mandatory elements a good apology:

1. Acknowledge the Wrongful Act

2. Acknowledge that You Have [Caused Harm].

3. Express Your Remorse

4. State Your Intention Not to Repeat

5. Offer to Make Amends

6. Seek Forgiveness

Read the entire article for examples of language you should and shouldn't use, and practice apologizing.  You may find a well-timed apologize helps you as much as it helps your relationship with your client.

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Resolve to Keep Your Promises

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Most of us don't break our promises on purpose.  But as anyone with a seven-year old can attest ("But daddy, you promised!"), promises are in the mind of the beholder. Too often, we fail to realize someone else believed our vague pronouncement committed us to a concrete course of action. 

Since keeping your promises begins with knowing whether you've made one or not, in 2010 resolve to know (and keep) your promises better.  Never end a client conversation without asking them these two questions:

  1. What have I agreed to do, and when do you expect me to do it?
  2. What have I have promised (or predicted) will happen, and when do you expect it to?

Hearing their answers to these questions will help you know if they are hearing what you think you're saying.  Most importantly, you'll stop making (unintentional) promises you can't keep.  Now, if it would only work with seven-year old little girls....

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Resolve To Fix Your Technology Less

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This resolution is for nearly every solo and small firm lawyer out there (including those with computer science degrees): Resolve to Fix Your Technology Less.

How many times has a quick technology fix turned into a day of un-billable time?  Trust me on this one, no matter how much (or little) work you have, your time is better spent building your business and serving your clients than it is crawling around on the floor underneath your desk repairing your computers or troubleshooting your network. 

Need help remembering this resolution?  Try this simple trick:

Everywhere in your office where you have technology (on the copier, on the network switch or router, and on every computer) tape a label that has the following information on it:

  1. Your hourly rate
  2. The hourly rate of your tech-support person
  3. Their phone number

Now every time you're tempted to "fix" something yourself, call in the experts instead.  You'll find that you (and your technology) will be happier and more productive when you spend your time doing your job instead of doing someone else's.

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Resolve to De-Confuse Clients

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What confuses your clients?  What are the things that your clients never seem to really understand?  Is it the directions to your office, your retainer agreement or their monthly bill? 

No matter how much you deserve it, undivided attention from clients is a rarity today.  Whether it is because of their email pinging, cell phones ringing or children screaming, you're getting less attention from clients now then ever before -- and a distracted client is far more likely to be a confused one.

That's why, in 2010, you should resolve to make every communication you have with clients (both in person and via mail/email) less confusing. 

Start by asking every client in every meeting if there is something you could have made clearer and easier to understand, and pay attention to the things you explain over and over again.  Next, pick one of those things each month to "de-confuse" for your clients. 

Whether you use photographs more, rewrite your retainer agreement so a sixth-grader can understand it or complete a "Frequently Asked Questions" handout, by the end of 2010, you'll find your less-confused clients are easier to serve and more satisfied with you.

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Resolve to See Yourself as Others Do

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How do your customers see you?  When they arrive for a meeting, what do they experience?  What do they see?  How do they feel? 

Do you work in a deadline-driven practice area, yet always show up late for appointments?  Is your office strewn with other clients' files?  Are there piles of unread letters in you in-box?  Do your secretaries and staff regularly discuss confidential matters on the phone that people in your waiting room can hear?

Do you have magazines that your clients want to read?  Do you have complementary wi-fi for them to use while they wait for you?  Do you offer them more to drink than just coffee?

Don't think your clients pay attention to these things?  You're wrong.  And they're not just comparing their experience to the ones they've had with other lawyers -- they're comparing it to the experiences they've had with everyone. 

So, in 2010, Resolve to See Yourself as Others Do.  Start by asking a friend your staff doesn't know to sit in your waiting room for an hour while you're "busy."  Ask them to pay attention to what they see, hear, smell and feel, while recording the things they'd improve.  Once you've gotten their list of things to fix -- and there will be things on the list you've never noticed -- work with your staff to fix them.

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Resolve to Juggle Less

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This is one for the general practitioners out there: Resolve to Juggle Less. Remember, your clients don't have "general" problems, they have specific ones -- and if you're the lawyer who will do "anything for anyone" they are far less likely to hire you do that "one thing" for them. 

So, how do you know if you're doing too many things?  Here's an exercise that just might help:

  1. Take a pad of Post-It notes, and on each one, write a type of matter you handle.  Err on the side of inclusiveness (write "Divorce," "Child Custody," "Legal Separations," etc. on separate notes instead of just "Family Law"). 
  2. Put all the Post-Its up on a wall.
  3. Ask your staff to add the kinds of things you do to the wall as well.
  4. Group the post-its in logical categories.
  5. Step back and look at the wall.

If there are more than 3 groups of Post-Its in front of you, you're probably doing too many different things.

In 2010, work hard to focus on the one or two categories that are most profitable, most challenging and most fun.  You'll have a much easier time finding clients, and a much better time serving them.

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    Resolve to Ask Current Clients More

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    If you're a lawyer who only surveys your clients once the engagement's over, you're leaving a lot of information on the table -- information that will not only help you serve future clients, but your current ones as well.

    That's why, in 2010, you should Resolve To Ask Current Clients More.  Institute a regular, ongoing client survey process that reaches out to your current clients at least quarterly. 

    But what kinds of questions should you ask?  I've put together the LexThink Model Client Survey (pdf) that contains four short questions for your current clients.

    The questions are:

    1. On a scale of 1 - 10 (with 10 being best), how well are you being served by this firm, our lawyers and staff. 

    How could we earn a higher score from you?

    2. On a scale of 1 - 10 (with 10 being most likely), how likely you are to recommend us to your peers? 

    When you describe us to your peers (if you do), what are some of the words you use?   

    3. What one change could we make to our firm to earn more business from you?

    4. What is your most pressing challenge (business, legal or otherwise) you’d like to overcome in the upcoming year?

     LexThink Model Client Survey

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    Resolve to Do One Big Thing

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    If you asked your clients identify the biggest change you've made in your business in 2009, what would their answer be?  Would they be able to name anything (besides your rate) that you've done differently in the past 12 months? Would you?

    For 2010, I challenge you to resolve to make a change in your business your clients can't help noticing.  Not sure what to change?  Ask them. 

    Send each client a letter the first week of 2010 that says:

    Dear client,

    As the New Year arrives, we are grateful for the opportunity to continue to serve you.  For 2010, we're resolving to serve you better.  That's why we're asking all our clients the following question:

    If you could make one change in our business, what would it be?

    Nothing's off the table.  If you think we need to charge differently, stay open longer, use different technology, or even answer the phone faster, let us know.  We're committed to making our business better for your business.

    We'll collect the answers, and post them in our office for everyone to see.  On January 31, we'll choose (at least) one to implement in 2010.  Of course, we'll keep you up to date on our progress, and may ask you for some help in getting everything "just right."

    Thanks again for being our client -- and for helping us to become the law firm you deserve!

    Once all the responses are in, consider hosting a "Resolution Party" to sort through and prioritize the responses with your clients.  And don't forget to ask them for their resolutions for their own businesses -- you may just find a few things you can help them with, too.

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    Resolve to Let Your Clients Grade You

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    Once you've asked your clients what they expect from you, let them grade you on it.  Here's how:

    1. Make a list of 3-5 non-negotiable "Client Commitments" that you and your firm promise to keep in every matter with every client.
    2. Share those Commitments on your website and in every engagement agreement.
    3. With every bill (or at least quarterly), send your clients an old-fashioned "Report Card" that asks them to give you a grade on each of your Client Commitments.
    4. Follow up with the client each time you get a B or below to find out about specific ways you can improve.  
    5. At least yearly, schedule a "parent-teacher" conference to review your performance with the client.
    6. Consider refunding part of your fees every time a client gives you a C or D -- and think seriously about giving a client's entire fee back (and helping them find another lawyer) when they've "failed" you, because you've probably failed them
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    Resolve to Measure What Your Clients Treasure

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    I doubt that if you asked your clients what they buy from you that they'd answer, "Time."  Yet because (many of) you sell time to them, it is often the only thing that you measure with any rigor.

    In 2010, Resolve to Measure What Your Clients Treasure.  Start by asking every client this question:

    "How will you measure your satisfaction with us as we serve you?" 

    Don't settle for an answer that depends completely on the end result.  Instead, press for answers like "By always keeping me up to date," and "Returning my phone calls promptly."

    Once you've identified at least two things most of your clients want from you, begin to measure how well you're doing them.  Your clients already are.

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