Kohn Communications

Social Networking: Where to Start

2010-01-12T12:00:00.000-08:00

Last month, we discussed reaching out to people you already know via social networking as a way to drum up business during tough economic times. If you are new to social networking, there are a handful of places you should start:

Facebook has replaced MySpace as the place to be on the web. Four hundred million active users utilize Facebook to keep in touch with family and friends, upload photos, share links, and learn more about the people in their network.
Twitter is a pared-down version of Facebook in which users update their statuses and share links in 140 characters or less.
LinkedIn is Facebook for your professional profile, where 60 million members exchange information, ideas and opportunities.

Management: Physical Cues

2010-01-08T12:00:00.000-08:00

Like stress thoughts, physical cues are signals that anxiety, tension, anger, humiliation, or some other "negative" emotion is increasing internally. Learning to recognize these cues can bring more awareness in the moment, thereby empowering you to make better behavioral choices.

Examples:

Increased heartbeat
Warm ears
Dizziness
Tightness in the stomach
Pacing
Foot or finger tapping
Clenching fists
Feeling of drowsiness

Learning to recognize stress thoughts and physical cues brings the focus and control back to yourself. Learn what emotions you are reacting to internally. Learn to focus on your tension level, your word choices, your tone of voice, your body language, and your behavior. You become empowered to make better choices. You can consciously change your behavior to bring about alignment and an effective solution for all concerned.

For more tips, check out our "Stress Thoughts and Physical Cues" tool.

Resolutions

2010-01-05T17:49:00.000-08:00

Happy New Year! The turning over of the calendar is a popular time to get a fresh start. If you're like most Americans, you have vowed to get in shape, quit smoking, or spend more time with family and friends. But what management and marketing resolutions have you made? Below find some tips from our consultants to help you get started.

Harriett Greenbaum: At this time everyone should do an assessment when it comes to his or her marketing. First of all, what went well? These are things you want to continue doing. Secondly, what have you done that hasn't or won't bear fruit and is not worthwhile? Stop doing those things. A very important third is what have you not done or only done minimally that you feel you need to do to be successful in your marketing? Numbers one and three then become your marketing initiatives for the New Year.

Linda Hardenstein: Create business plans and goals that incorporate managing more effectively by identifying your strengths so you can delegate appropriately, be more productive, and have more balance in 2010.

Larry Kohn: Since the most important issue in rainmaking is confidence in the value you offer, one smart resolution is to improve the training program for the lawyers to whom you delegate. As they learn, you will increase your willingness to delegate. When that happens, you have more time for rainmaking and you will be more enthusiastic as you describe the capabilities of your support lawyers to your prospects.

Jeffrey Miiller: Get clear about your goals for 2010. In the past, you may have been vague when it came to planning for the future. You may not have set specific goals, other than to bring in more business.

This year, resolve to be more focused and efficient by writing a brief marketing plan with clear, obtainable goals for each of the following categories: new targets, referral sources, public speaking, client service, internal marketing, and articles. Use these examples to get started:

New targets: Identify three new potential clients, introduce yourself, and add them to your database with a follow-up date and clear next step.
Referral sources: Identify three new potential referral sources, introduce yourself, and add them to your database with a follow-up date and clear next step; every month, check in with one past referral source.
Client service: Visit client X at his or her office and do a thirty-minute educational seminar for the staff; take client Y to lunch and conduct a casual satisfaction survey.
Internal marketing: Every month, take at least one fellow partner outside of your practice group (a cross-selling opportunity) to lunch.
Articles: Write and publish one article.

In essence, your 2010 marketing plan will be a checklist, keep you focused, and motivate you as you check off the goals you have accomplished. It's a simple resolution and one that you can get excited about.

Business Development in Tough Economic Times: Blogging

2009-12-29T12:00:00.000-08:00

by Lawrence M. Kohn

Earlier this month, we discussed reaching out to people as a way to weather tough economic times. Another way to generate business in the short term is to start a blog. Blogging is a technology that's new and exciting because it does a couple of important things.

First, blogging helps you condense an important topic into a couple of paragraphs, allowing you to communicate something important in a limited number of words. In addition to communicating something that might be important to a prospect, you're scripting sales dialogue. Writing a blog post clarifies your thinking about a particular issue that could be a need of people with whom you want to do business.

Then you send the blog out into cyberspace, and the world begins to get exposure to you. But that's only the beginning, because you should also send an email to everybody you know, saying, "I've started a blog. I invite you to take a look at it. I've made an entry. Please give me your comments."

The fact that the blog exists is a reason to reach out to people and communicate with them. Then you might begin a dialogue with people that you know or don't know about a particular issue, and we're seeing that turn into business in a relatively short period of time.

For more tips, check out our ABA Publishing Presents podcast "Business Development in Tough Economic Times."

Management: Stress Thoughts

2009-12-22T12:00:00.000-08:00

Stress thoughts are thoughts that indicate internal tension is rising. They almost always focus on the other person and keep the focus off of the self. When thoughts are focused on the other, control over the situation appears to be in the hands of the other. Noticing when these thoughts are occurring puts the focus back on your own behavior and can help you realize your internal pressure is rising. Noticing stress thoughts can indicate that you need to change your tone or behavior in order to avoid creating an unnecessarily negative interaction.

Examples:

"What an idiot."
"She has no idea what she is talking about. I wish she would just shut up."
"All he does is complain."
"Get your paws off my fax!"

For more tips, check out our "Stress Thoughts and Physical Cues" tool.

Business Development in Tough Economic Times: Social Networking

2009-12-18T12:00:00.000-08:00

by Lawrence M. Kohn

Last week, we discussed reaching out to people you already know as a way to drum up business during tough economic times. It's also important to reach out to people you may have fallen out of touch with.

Many of our clients are finding success in this area with social networking sites such as Facebook, LinkedIn, and Plaxo. By logging in and seeing whom you already know, these sites identify the people whom they know that you also might know but have forgotten about. For example, you might have gone to law school with someone whom you had a good relationship with but have allowed to slip through the cracks. You might be able to reconnect with him or her on a social networking site or by going through the roster of your alumni association.

Start really looking at these names, one name at a time, and asking yourself, "Is there a marketing opportunity here? Is there a way for me to reach out that I feel comfortable with?" In some cases you won't. It'll be too distant. But in other cases, you'll say, "Well, I'd love to talk to him or her!" Pick up the phone right then and there.

So many times, our clients have picked up the phone and called somebody they hadn't talked to for years who said, "I can't believe that you're calling me right now. I have a need for a lawyer in your state. Here's a problem I've got." Of course, we can't promise that that's going to happen, but it's happened so many times with clients of ours in the past that we feel comfortable in saying that the odds are good that you could pick up the phone and somebody might even need you right now.

For more tips, check out our ABA Publishing Presents podcast "Business Development in Tough Economic Times."

Productivity: Communicate Your Commitment to Commitment

2009-12-15T12:00:00.001-08:00

by Lawrence M. Kohn and Robert N. Kohn

We've coached hundreds of professionals and executives across the country and have come to the conclusion that the single most important business skill is a commitment to commitment. This means a clear, deeply rooted philosophy that promises are made to be kept. It is a lifestyle that becomes your reputation, and it will dramatically enhance productivity in your practice in at least two fundamental ways:

It creates trust. When people trust you to fulfill your commitments, they will go to extremes to maintain the alliance. Your clients will remain loyal. Your vendors will try to give you the best deal. Your co-workers will put in extra hours, and your prospects will see you as the preferred provider.
It ignites your passion. Over the years we have worked with hundreds of clients who have felt frustrated with their inability to motivate themselves or their partners to bring in new clients. Creating a reasonable plan is always the first step. However, the next step is to confirm their commitment to execute the plan. Everyone should verbalize his or her commitment to others in the firm. It's a good idea to shake hands to formalize the promise. Once the commitment is verbalized, the passion kicks in. When you're passionate, you're productive.

There are two elements to communicating your commitment to commitment. The first is communicating that you live up to your commitments. Most often, this is accomplished in small ways: returning calls, meeting deadlines, arriving promptly. Failure to live up to your promises -- even the small ones -- invites reciprocity.

The second part is letting people know that you expect them to live up to their commitments. This requires that you discuss your understanding of the meaning of commitment. Your ability to talk comfortably and directly about the value of commitment will reveal its significance and build the foundation for a productive relationship.

For more tips, check out our article "Four Communication Rules to Maximize Productivity."

Business Development in Tough Economic Times: Whom Do You Know?

2009-12-11T12:00:00.001-08:00

by Robert N. Kohn and Lawrence M. Kohn

Selling is always important, in good times and in bad. However, selling is particularly important during a recession because there's more competition pursuing less business: Clients are more cost conscious. They may be looking for lower-price firms. They may be sending out less work to their existing law firms. And to make matters more difficult, many lawyers who previously hadn't done as much marketing are now trying to do it more. So in order to compete, to get what work is out there, selling becomes more important.

One of the lessons learned from this recession, or any recession, is that selling always has to be a part of your practice. You should always be thinking about who your best contacts are and whom you should be communicating with so that when the recession comes to an end, you're going to be in a better position to take advantage of the recovery.

Think about the relationships you have today and the people you know right now. People often know more people than they're aware of. Now, if you've only been practicing law for a short time, maybe you don't know many people, but if you've been practicing law for several years, you've probably come into contact with many more people than you're even aware of. Go through your Rolodex and mailing list and start compiling a list of names of everybody you know who's in a position to help you because they either know somebody or they have needs themselves.

We're not suggesting that you would necessarily call everybody or reach out to everybody, but it's important to know who these people are. It takes a long time to build relationships with strangers, but with the people you've already met, the relationship process is further along. They're more likely to trust you; they're more likely to accept your call. So the very first step when you get started in marketing is to go after what we like to call "low-hanging fruit" -- the people who are most likely to help you today because they know you and because you feel comfortable reaching out to them.

So for a short-term, immediate benefit in tough economic times, look at whom you know and recapture the people you've allowed to slip away. And for the long haul, once you meet people, never let that happen again. Put those names into your database and stay in touch with people for the rest of your career.

For more tips, check out our ABA Publishing Presents podcast "Business Development in Tough Economic Times."

Why Clients Leave: Billing Hours

2009-12-08T12:00:00.003-08:00

by Jeffrey Miiller and Jill Kohn, PhD

The perception of overlawyering -- that lawyers are constantly looking for ways to bill more hours -- is an all too common issue that must be addressed. It is important to clarify with the client that your firm is obligated to consider all of the issues relating to the matter and explain the risks and options along with estimated costs. It is up to the client to then decide how to proceed on those issues. Make it clear that your goal is not to bill more hours but rather to make sure the issues are fully understood and addressed.

For more tips, check out our article on "The Top Five Reasons Why Clients Leave and How to Prevent It."

Selling in Your Comfort Zone: Notice Your Negative Voice

2009-12-04T12:00:00.000-08:00

by Robert N. Kohn and Lawrence M. Kohn

When building your muscles, no pain means no gain,
But pain when you're selling might make you refrain.
So look for the reasons why you resist,
And you'll find solutions to help you persist.

The first step in overcoming your discomfort with selling is to become aware of your thoughts about selling. Pay attention to your "internal voice," which is your stream of consciousness. Everyone has an internal voice. You may not be aware of it all of the time, but it is always with you, and it profoundly influences your feelings and actions.

If you are uncomfortable with selling, then your internal voice becomes your "negative voice." You develop a pattern of dwelling on the reasons why you shouldn't sell.

Your negative voice tends to be habitual and automatic. It's like a knee-jerk reaction. Whenever you imagine yourself doing some selling-oriented activity, your negative voice argues, "I can't do that" or "I don't want to do that." You literally talk yourself out of selling.

We are not saying that your negative voice is always wrong. Sometimes your anti-selling beliefs are valid. For example, there may be a risk of being overly pushy with some of your prospects. If you follow up with a prospect incessantly, without offering value, there is the possibility of harming a relationship. So you want to acknowledge your negative voice.

But often your negative voice is prejudiced and incorrect. You jump to conclusions that may be based on unclear and erroneous assumptions. You focus only on the negative and ignore all of the safe and effective things that you could be doing.

So avoid the knee-jerk reaction of accepting your negative voice as fact. Instead, develop the habit of challenging your negative voice. When you do, you will probably find that many of your long-held convictions about selling are untrue.

We have had many clients who were extremely reluctant to sell. Many of them told us that a meeting with us was worse than a trip to the dentist. Every idea that we suggested would be instantly shot down. But as we helped them become aware of their anti-selling sentiments and find ways to comfortably overcome them, their attitudes became more positive. They became more accepting of selling ideas and more enthusiastic about business development. They developed a proactive selling attitude.

A wonderful thing happens when you develop a proactive selling attitude. You begin to notice selling opportunities that you didn't realize existed. Selling opportunities are often all around you. You may know people who can help you meet quality contacts. There are organizations that may be fun for you to join that could also bring you into contact with quality contacts.

There are many safe and effective ways to sell. When you consistently and constructively think about ways to improve your selling, you will alter your pattern of automatic negative thinking and open your mind to solutions.

For more marketing tips, check out our book Selling in Your Comfort Zone.

Delegation: Setting Deadlines

2009-12-01T12:00:00.000-08:00

by Lawrence M. Kohn and Jill Kohn, PhD

Two posts ago, we discussed the elements of delegation. Among these was deadlines. Setting and meeting deadlines is so important to any working relationship that it's worth revisiting the topic in more detail:

Deadlines are difficult to meet if they are not clear. They should always be set with a specific date and time.

Never set a deadline of ASAP because the lack of precision only creates confusion. To some, ASAP means drop everything and work overtime to get the task done. To others, ASAP might mean "as soon as practical" or, worse, "after significant avoidance and procrastination."

The discussion about a deadline may take the form of a directive or it may be the subject of negotiation. It is a good idea to discuss the factors that drive the decision-making process. It may be appropriate to challenge basic assumptions about timing. It may also be appropriate to initiate conversations with those who are relying on the delegatee for other tasks. These conversations have the risk of becoming frustrating, so everyone must try to be patient and respectful.

When deciding the deadline, both parties should consider the other commitments of the delegatee, time required to do the work, time for the delegator to review it, and time for subsequent improvements. If at all possible, the deadline should also allow for a cushion to accommodate the unexpected.

It should be understood that the deadline is a commitment and not just an estimate. In the event that the delegatee feels a deadline is in jeopardy, he or she should notify the delegator the moment the possibility of missing a deadline arises. It is never acceptable to miss a deadline without providing the delegator with immediate notice when the deadline is at risk.

Failure to comply should be considered a serious infraction. If a task is not completed on time, the delegator should immediately contact the delegatee and remind him or her that deadlines are commitments and failure to meet commitments without prior notice cannot be tolerated. Compliance with deadlines should be included as a factor in compensation and promotion.

This focus on compliance with deadlines may sound harsh, but it actually builds morale. A person's reputation as trustworthy may be their most important asset, and this process teaches people how to be trustworthy. It also allows the delegator to feel confident that deadlines will be met. This dramatically reduces stress and allows the delegator to focus on other priorities.

In addition to building morale, teaching respect for deadlines is one of the easiest and most effective methods for improving productivity. When people consistently take deadlines to heart, they will give more attention to their commitments and not make unrealistic promises. Realistic commitments produce timely results.

For more tips on setting deadlines, check out our article on "The Elements of Effective Delegation."

Rainmaking: Break Entrenched Habits

2009-11-24T12:00:00.000-08:00

by Larry Kohn

Many lawyers have learned -- and rightly so -- that whatever success they've had up this point has come from serving their clients. As a result, they develop a pattern of serving the client, serving the client, serving the client. Nothing gets in the way of serving the client.

(That's not to in any way imply that you shouldn't serve the client. If anyone walks away from this blog thinking that we're advising that they shouldn't serve their clients, then they're misinterpreting the message. Yes, you must serve your client.)

But there's more to the rainmaker model than serving clients, and what we often see is that the desire to serve clients is so profound that people can't take five minutes -- literally five minutes -- away if there's something that they need to do for a client.

Lawyers need to come up with creative solutions to solve their clients' problems. The way they find creative solutions is by immersing themselves in the work. That means that whenever they have a free minute, it's in their best interest to immerse themselves in the work because that's what's going to help them find the more creative solution down the road.

If you really own this belief, if you're in this pattern of solving problems by being immersed, then there is no free time. Free time no longer exists because all free time needs to be invested in immersion in the clients' needs.

Now, that's an entrenched habit, and while it may be true that immersion in the clients' needs does result in creative solutions, if you believe that that's the way you must live in order to serve your clients, you never make time for rainmaking.

Let's face it: Clients die. Clients merge. Clients leave because a new decision maker chooses another lawyer over you. While there may be some friendship among clients, there is often very little loyalty, and it is unbelievably dangerous to allow your career to be dependent upon the whims of existing clients. So it's fundamental to any business to be diversified. It is remarkably dangerous and irresponsible for lawyers to depend on this pattern of client-servicing as the path to success.

Instead, set aside five minutes in the morning before the day really heats up. Once you're in that client-servicing mode, later in the day, it's very difficult to get out of it, and by the end of the day, you're tired, and when you're tired, you should be doing the things that you love doing, not the things that you're less inclined to do. For example, I don't try to balance my checkbook at the end of the day when I'm tired.

During those five minutes, first thing in the morning, review your targets and marketing plans. Then close the file and just go on about your day. What happens is these marketing targets and plans then begin to percolate and incubate. And then during the day, you begin to connect the dots. You'll be servicing one client and all of the sudden you'll hit on an idea for another. You begin to become aware of marketing opportunities that you would normally not be aware of had you not gotten grounded in marketing at the very start of the day.

Yes, serving your existing clients is important, but so is finding new clients. Don't let this entrenched habit get in the way of building your rainmaking machine.

Delegation: The Elements

2009-11-20T12:00:00.000-08:00

by Lawrence M. Kohn and Jill Kohn, PhD

Sometimes delegation is a disaster. And, too often, it is the delegatee who is criticized as the culprit. But, over the many years that we have been coaching lawyers, we have observed that the blame usually belongs to the delegator -- for failing to clearly articulate the elements of the task.

So we created a form we call the Task Manager, which includes the key elements of effective delegation. The form provides a structure that opens the door to discussing each element. By using the form, you will develop the habit of remembering the key elements each time you delegate. The form does not need to be completed in writing for every delegation; however, every delegated task should include all of the elements:

Name: The form could be used by the delegator as a way to plan delegation and by the delegatee as a way to take notes and confirm his or her understanding of the assignment.
Date received: By documenting the date that the task is received, everyone is clear about when responsibility has shifted to the delgatee. It is best to delegate a task at the first moment possible.
Deadline: Deadlines are difficult to meet if they are not clear. This line must always be completed with a specific date and time. It should never include ASAP as an entry -- the lack of precision can only create confusion.
Task description: This is simply an opportunity to clearly state what the delegator wants. It should be brief -- limit it to a single task and don't include details.
Required resources: Every task needs resources. In addition to the time required, the delegatee may need support from others, equipment, supplies, etc.
Loop list: One of the most frequent weaknesses in delegation is failure to keep people in the loop. Stakeholders in a task can provide valuable input and enhance implementation.
Quality standards: Effective delegation requires that the delegator has a clear vision of the outcome of the task. For example, a delegator who is requesting some research needs to give the delegatee direction about how comprehensive the results should be. Does the delegator want a list of bullet points, a one-page summary, or volumes of information?
Timeline: This is a list of interim steps, their deadlines, and dates of completion. Once the task commences, the interim tasks should be monitored frequently to make sure the process is under control.

When delegating tasks, make sure that the delegator is clear about -- and that both parties discuss and document -- the key elements of the task. When that happens, delegation can produce greater productivity, increased client satisfaction, a teaching environment in the firm, and more time for the delegator to bring in even more delegable clients.

For more tips, download the Task Manager and check out our article on "The Elements of Effective Delegation."

Marketing: A Glossary

2009-11-17T13:55:00.000-08:00

Marketing: any effort involving the four P's:

Price
Product (or service) development
Place -- location or method of interaction
Promotion

Market: a group of buyers

Market segment: a specific portion of a market

Target: an individual who has the need, capacity, authority, and desirability

Prospect: a target who has expressed an interest in your product or service

Brand: the identity of a product or company

Image: the thoughts and feelings produced by a brand

Differentiation: any single distinguishing characteristic

Position: a target's perception of how a vendor compares to its competition

Public relations: any display of a brand, differentiation, or position

Crisis management: public relations intended to reverse a negative perception

Marketing communication: any sensory stimulation used to promote a product or service

Promotion: any technique designed to influence a buyer

Promotional mix: a strategic combination of promotions

Reach: the number of targets exposed to a marketing communication

Frequency: the number of times a target experiences a particular marketing communication

Features: the qualities of a product or service

Benefits: the positive results produced by a product or service

Impact: the experience produced by the use of a product or service

Demographics: the physical characteristics of a market

Psychographics: the mental and emotional characteristics that drive buying habits

Emotional spectrum: the variety of emotional experiences

Selling: communication with the intent to transact business

Closing: the activity of bringing the prospect from awareness to commitment

To download a copy of these terms and definitions, check out our "Kohn Marketing Glossary."

Sales Force Management: Obstacles and Solutions

2009-11-14T11:56:00.000-08:00

by Harriett Greenbaum

To improve your sales and marketing results, it is useful to identify the obstacles to managing your sales force effectively. Here are three common obstacles that all business owners face in managing their sales forces and what you can do about them:

1. A business owner who is too busy. You are so busy running all aspects of the business that managing the sales force becomes secondary, almost the stepchild.

Solution: Bring structure to the sales management process. Schedule your sales management activities on a regular basis using small time slots of five to ten minutes -- that way you can manage but not take up so much time that you feel overly burdened. Then schedule time to meet with your people monthly on a one-on-one basis; keep the meeting brief and have a clear agenda on what you want to accomplish. Finally, meet monthly with your sales team to come up with new ideas to improve sales.

2. A sales force that resists being managed and feels undervalued. In our experience, the sales force is only resentful if poor management is practiced.

Solution: Make an effort to listen to people. Don't just dismiss them out of hand. If you don't accept someone's idea, give them a reason why, and make sure people know where they stand with you. Be consistent in your moods and behavior. Above all, make sure that you bring value to the sales person.

3. Failure to demonstrate appreciation. Sales reps need to feel appreciated.

Solution: The first obvious form of demonstrating appreciation is a generous compensation structure. Failing to be generous may appear to increase the bottom line, but in reality it can produce losses. A generous compensation structure allows you to attract and keep quality reps, minimizing turnover and subsequently training and startup time. Also show your appreciation with a sincere thank you or congratulations. Recognition can take many forms, from a simple pat on the back and a thank you to elaborate gifts and recognition trips.

For more tips, check out our video on "Effective Sales Force Management."

Marketing Your Law Practice: Referrals

2009-11-11T09:24:00.000-08:00

by Jan C. Gabrielson

No lawyer can effectively market to everyone. So step one in marketing your practice is to reduce your market to a manageable size. Decide what kind of clients you want. Then figure out how to bring them in.

Marketing a law practice directly to potential clients works for some lawyers and some kinds of practices but not for others. Advertising is expensive and can produce a deluge of calls from people whose cases you would not accept. Screening those inquiries takes time and energy. One way to avoid those problems is to direct your efforts to referral sources, rather than to potential clients themselves.

For a specialized practice, the highest-quality referrals tend to come from other lawyers. Just as we would ask our family physician for a referral to a specialist, sophisticated people who need a specialized lawyer are likely to ask for a referral from a lawyer they already know. Lawyers will refer cases to a specialist, confident that you know how to handle your kind of case and that you will not encroach on the referrer's continuing relationship with a valued client.

Professionals other than lawyers also refer good clients. Accountants, because of long-term relationships with their clients, often become trusted advisers whose clients ask them for referrals.

For more tips, check out our article on "Marketing Your Practice Part 1: How to the Get the Clients You Want."

Communication: How to Listen

2009-11-06T16:43:00.000-08:00

Melissa M. Udell, PhD

Listening is half of the communication equation, perhaps the more important half, yet most people don't do it well. In order to communicate effectively with clients and associates, you must listen effectively. Here are four keys to how to listen:

1. Be quiet. Actually listen.

2. Don't rehearse. A lot of people fall into the trap of practicing what they're going to say next in their head. They're already formulating their response, and they miss what the other person is trying to say to them. Don't just wait for the other person to stop talking so that you can tell them what you have to say next. Listen to what they're saying and respond to that.

3. Summarize. Once you know that the other person has finished what they're going to say, run it by them again. Give them a summary: "I want to make sure we're on the same page here. This is what I heard. You just said ... Am I hearing you correctly? Any other thoughts?"

4. Clear up miscommunications. If your summary reveals that you have misheard, clear it up on the spot. This gives the other person the opportunity to clarify what they meant to communicate: "Oh, no, no, no, I didn't mean to say that. What I meant was ..." If the message sent was not the message received, and then people act on whatever they heard, people get into problems later. Clearing up miscommunications avoids a lot of problems down the line.

Selling in Your Comfort Zone: Pay Attention

2009-11-03T15:27:00.001-08:00

by Robert N. Kohn and Lawrence M. Kohn

People who are good at selling were not born with some magical talent or personality. There is no such thing as a "selling gene." Rather, they think about selling all of the time, often because they enjoy it. If one strategy fails, they look for others. They make selling a fundamental focus. They consistently and constructively pay attention to selling.

You can see this principle illustrated in your own life. Think of some challenging activity that you enjoy. Consider how much you think about it.

For example, a lot of people we know enjoy the game of golf. They enjoy everything about it. They love getting out into the fresh air. They love the sensation of swinging and hitting the ball. They love hearing the unmistakable sound of the ball dropping into the cup. They enjoy the socializing that takes place during and after the game. And, because they love it so much, they look for opportunities to play. They seek out other people who enjoy the game.

If they make a few bad shots, they don't give up. They don't say, "Well, I missed that shot. I guess I'll quit." No, of course not. They practice more. They take lessons. They read books and watch videos. They buy new clubs.

People pay attention to things they enjoy and make time for them. By doing so, they are more likely to improve. This is what happens with selling. Once you identify something you enjoy about selling, you'll give it more attention and your skills will improve.

For more marketing tips, check out our book Selling in Your Comfort Zone.

Why Clients Leave: It's Too Expensive

2009-10-30T13:57:00.000-07:00

by Jeffrey Miiller and Jill Kohn, PhD

When a client complains about your rates, it means they are not fully aware of all the benefits they are receiving. It is up to the lawyer to effectively communicate all the benefits he or she brings.

Constantly consider how you can increase your perceived value. Enhancing your exposure and ability to communicate all of the benefits to the client can dramatically improve the client's perception.

For example, periodic review of bills with the client is an opportunity to answer questions and a chance to review all of the benefits, including added-value services for which the client was not charged. Another way to manage the client's expectations regarding cost is to offer a periodic status report on all activities, fees, and potential increases in fees. Never let an unusually large invoice go out the door without first telling the client, so the client is not blindsided by it.

For more tips, check out our article on "The Top Five Reasons Why Clients Leave and How to Prevent It."

Sales: Pick a Topic, Make the Call

2009-10-27T14:40:00.000-07:00

by Larry Kohn

Sometimes you might find it difficult to make a sales call because you're not sure what to say. To help you figure out what to talk about, we have developed three categories of calls: social, research, and value.

Social calls are to those contacts with whom the relationship is friendly enough just to check in and say hello.
Research means calling for information. That could be inquiring how to get on an approved list, learning about the trade association the target belongs to, industry chatter, etc.
Value means adding value for existing clients or offering value in advance for prospects.

So whenever you need to make a sales call and can't decide what to talk about, choose a topic from these three categories and dial.

Client Surveys: The ACC Value Index

2009-10-23T12:22:00.000-07:00

by Jeffrey Miiller

The Association of Corporate Counsel recently published a standardized measurement tool to help corporations rate the value provided by outside counsel. Called the ACC Value Index, it asks for numbered scores on a five-point scale, detailed comments, and ends with the crucial question, "Would you use the law firm again?"

The scary news is that in-house counsel will be able to share their assessment of your firm's value with their counterparts in other companies. This leaves poorly rated law firms susceptible to lasting, negative word-of-mouth that may cost future business and referrals.

The good news is that this new ACC Value Index is an opportunity to improve service, or, at a minimum, confirm client satisfaction. If you have not surveyed your clients lately, now is the time. And incorporating the same criteria on the ACC Value Index into your survey questionnaire will help you uncover areas where service may be less than stellar.

ACC membership is required to access the ACC Value Index, but resources available on the ACC website report that members score their outside counsel in the following areas:

understanding of objectives/expectations
legal expertise
efficiency/process management
responsiveness/communication
predictable cost/budgeting skills
results delivered/execution

Include these elements in your survey questionnaire. Have an outside consultant conduct the survey. Our experience conducting satisfaction surveys for law firms shows time and again that in-house counsel is far more candid with an objective third-party interviewer. And candid, qualitative feedback will help you create a course of action to improve your law firm's performance.

With the advent of the ACC Value Index, law firms need to know the criteria by which in-house counsel is measuring their value so that they can aim for the highest degree of client service.

Mentoring: Ask Questions

2009-10-20T13:10:00.000-07:00

by Jill R. Kohn, PhD, and Lawrence M. Kohn

In the role of mentor as career coach, it is a mistake to constantly tell mentees what to do. Certainly some advice is warranted, but real success happens when mentees are engaged in a way that helps them come up with their own ideas. Studies using electrodes attached to the brain show that when people are given direction, approximately three percent of their brains are activated. But when people are engaged in a process where they are motivated to take ownership of a problem, over ninety percent of their brains are engaged. So, rather than telling mentees what to do, mentors as career coaches should ask questions.

The questions mentors should ask depend on the guidelines the firm has established for the path to partnership. A mentor could ask, "What are the skills that you need to develop?" or "How are you doing in your effort to get to know the partners?" This approach is very important because if mentors tell mentees that they should do something that has already been accomplished, the mentees can easily interpret the comment as criticism or a real lack of awareness of their progress.

Of course, the mentees will have questions of their own, and the mentor as career coach may decide to give a direct answer. But it's always a good idea to follow with an engaging question. For example, a mentee might ask, "How can I meet more partners in the firm?" In return, the mentor should ask, "What have you tried so far?" Only when mentors are certain that mentees have exhausted their own ideas and really are blocked should the mentors express their views. This approach really helps to shift the burden of responsibility to the mentee.

For more tips on mentoring, check out our article "Mentor as 'Career Coach.'"

The Elevator Speech: The Wrong One Can Close the Door

2009-10-16T09:42:00.000-07:00

by Larry Kohn

There are a remarkable number of misconceptions about what an elevator speech really is. If you think you have the ability to create a few sentences that will build a relationship to the extent that someone will want to hire you, you are overreaching. It's an unrealistic expectation.

In most situations when you're meeting prospective clients, you're not sure whether they are even targets or, if they are, how your services might fit their needs. In these scenarios, a canned elevator speech would be worthless -- or, worse, harmful.

So this notion of a few one-size-fits-all sentences just doesn't work. Creating an elevator speech is really creating many elevator speeches based upon a variety of situations that you need to anticipate.

Identify Your Target

First you want to determine whether the person you're talking to is someone you even want to continue a conversation with. If you realize he or she isn't a potential client, you should be perfectly cordial, and if you want to have a friendship with that person, great! But if you're in a room networking, trying to get business, your real goal is to try to find out whether the discussion is worth your time.

Somebody else might argue, "It's worth it just to give your speech no matter what." Well, no, it isn't. The wrong speech can close the door. You need to find out more about whom you're talking to before you can deliver your golden words.

Cast a Wide Net

Once you've determined that the person you are talking to is a potential client, find out where you can be of value. Learn how to really zero in on where there's a need before you deliver your elevator speech.

Identifying where you can be of service before you reveal too much about what you do is important because people tend to pigeonhole you: "He's the corporate lawyer. He's the divorce lawyer." For example, say you meet a potential client who is in the middle of a lawsuit and he asks you what you do. If you tell him you're an estate-planning lawyer, then for the rest of his relationship with you, he sees you as an estate-planning lawyer. It would take a phenomenal effort on your part to shift that definition. On the other hand, if you say, "I'm at a full-service law firm. What do you do?" "Well, I'm in business, and my company just got sued. Do you guys have any litigators?" "Well, yes we do." Now you've got something to say.

The goal is to keep the door open so that the conversation flows.

For these and other rainmaking tips, attend our "Elevate Your Elevator Speech" audio panel discussion at 2 p.m. PST on Wednesday, October 21, 2009. Click here to enroll.

Rainmaking Reminder: Are You Posting Links to Your Articles on LinkedIn, Facebook and Twitter?

2009-09-25T12:47:00.000-07:00

One way to help maximize the effectiveness of your online social networking as a business development tool is to post links to articles and blog entries you have written. Posting your articles helps you stay top of mind and paints a picture of you as an expert in your field. Even posting a link to an article written by a peer, or a summary of a new law, demonstrates that you are up to speed on recent trends in your industry.

Before posting, determine if the content is appropriate for your online communities. For example, if your Facebook "connections" are social contacts instead of business contacts, you would not post an article about Corporate Law and Securities Regulation.

When posting on LinkedIn, Facebook, or Twitter, recipients are automatically notified. In some cases your post may spark a conversation and help build relationships. While you may not get a response, such posts give you a reason to reach out; you have valuable information to share. Also, the posts are easily republished by recipients and passed on to others, which expands your reach. Here's a tip: Post the first few sentences of your article, as a teaser, before a link to the full article.

If you are going to take the time and energy to write articles and blog, maximize the return on your investment by including links to such content on you social networking sites.

REVEALING YOUR INTEREST IN DOING BUSINESS WITH FRIENDS

2009-08-31T15:05:00.000-07:00

By Robert Kohn

When people are uncomfortable contacting people they know to talk about business, I typically explain to them that this is an issue of "Revealing their interest in doing business." Many people are uncomfortable revealing their interest in doing business with social contacts like friends, family, fellow church or temple members, etc. The key is to consider your history with each relationship and determine the best approach. There are fundamentally two approaches: Direct and indirect. For people who are shy or uncomfortable with selling, the direct approach is usually the most appealing.

The direct approach is the easiest, most sincere and honest, and often the most effective. To a friend who you see regularly but have never discussed business, you could say "I would like to bring up a subject that we've never talked about. It occurs to me that there may be areas where we could do business together. We may know people that we could introduce to one another. If you're comfortable I'd like to discuss ways that we could help each other. And if not, then don't worry about it, I value our relationship and I would not want to do anything that makes you feel awkward or uncomfortable." We have found this technique has been very effective for many of our coaching clients. However, not everyone feels comfortable being this bold.

If you don't like being so direct, there are indirect ways of revealing your interest in doing business with friends. Look for opportunities to discuss what you do for a living. When someone says "How are you doing?", instead of saying "Fine,thanks" say something along the lines of "I'm doing well - business is really interesting right now..." and then describe a matter you are working on, without revealing confidential information of course. This will paint a picture of you as a knowledgeable professional in a specific field. If you are involved on committees that put on programs, consider inviting some of your friends to those events so they can see you as a well-connected professional in your field. This indirect approach works, but takes longer.

These two approaches are not mutually exclusive. You can do both. The key is to look at each relationship, determine the next appropriate step and commit to it.