Instead, the differentiation any lawyer can offer is limited by what is permitted by the legal process.  Yes, there is some creativity in it all; but lawyers are hired to deliver an expected outcome, and as such the differentiation is in the downside rather than the upside.  In other words, the differentiation opportunity is similar to that of an airline or drug company – something to the effect of, “Use us because we won’t screw it up.”

I call this “disaster differentiation,” and the only way to succeed in this differentiation is to ensure prospective clients that the expected will occur (or, conversely, that the potential disaster will not).  In the legal profession, the “expected” is that you to know more than any potential client regarding their legal issue and the legal system that governs it.  You satisfy this by establishing that you have the expertise to avoid any downside – that, similar to a pilot, you will not lose control of the plane in a storm.

At Avvocating, three tools seemed to be the favorites for demonstrating (or do I dare say “advertising”?) your legal expertise:

1.  Interviews by the press:  Television, radio and print (online and offline) are all powerful mediums for establishing your legal expertise.  If a credible news channel asks for your legal point of view, who will doubt your expertise?  Unfortunately too many lawyers fear the media opportunity, which is why we have a periodic webinar on this very subject.  Our new webinar schedule is not entirely complete, but please check back at the Avvo Blog and we should have the availability of this webinar posted shortly.

2.  Blogging:  Offering your opinions on a blog allows others to understand and reference your expertise.  If many in the blogosphere, including traditional media outlets, are referring to your blog posts, your status as an “expert” is dramatically enhanced.

3.  Testimonials and Endorsements:  Politicians have used these for years, and lawyers are only now getting around to using them effectively.  One of the reasons that sites like Avvo and LinkedIn have boomed is because they allow people to speak to and endorse the expertise of another.  That’s powerful stuff.  Anytime someone takes the time to compliment your expertise, it helps reinforce that you are in fact an expert.

For some lawyers, “advertising” their expertise feels too salesy.  For others, it is a critical part of their marketing strategy, and they are out there every day turning their expertise into business.  It’s ultimately your call; but, in an environment of limited differentiation, the only real choice is to market yourself as the expert that (1) you are, and (2) your potential clients expect you to be.

Mark

Avvo I Twitter I Facebook I Avvo Blog

Here are 10 steps to build a referral engine for your law firm:

Set specific goals. Set a specific goal for a specific number of referrals within a specific time frame as part of your law firm marketing plan.

Express gratitude. Thank your referral sources and keep in touch, just to say “Hi.” Thank people online who say nice things about you.

Timely response. Always respond to a referral in a timely manner and let your referral source know when you’ve made the connection with the person they’ve referred to you.

Engage. Engage potential referrals on your social networking sites, don’t just use your posts to sell.

Respond. If someone comments on your blog, then follow-up with an email to further the discussion.

Participate. Don’t just join the social networks, actively participate by commenting on other people’s posts to encourage a connection.

Ask. If you don’t ask for a referral, chances are pretty good that you won’t get one. Encourage everyone you communicate with through email or e-newsletter or on your social sites to tell a friend about you and your services.

Consistent communication. Keep in touch with past and current clients, even if they are not currently shopping for an attorney.  You never know when they may need you, so staying top of mind is important.

Give. When it comes to referrals, you need to give as good as you get.

Be real. Let your true self shine through in everything you do. People do business with people they like and trust.

About the author:  Stephen Fairley is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small law firms and solo practitioners. Over 8,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught by The Rainmaker Institute. In addition, Stephen is a nationally recognized law firm marketing expert and international best-selling author.

This essential element of the representation is clearly the attorney’s responsibility–both from a business standpoint and as part of your professional responsibility. Good communication begins with a signed engagement letter or fee agreement for a new client, stating as much information as possible about the parties, issues, anticipated strategies, desired outcomes and how the client will be charged for legal services.

Provide clients with a basis for the fee they are charged and how it meets the requirement of being “reasonable” under Rule 1.5, reflecting the lawyer’s skill and experience. Also discuss with the client a budget for the engagement that provides common sense estimates of both the time and the expense for the representation, including appropriate estimates of litigation expenses.

Be sure to communicate on a regular schedule with your client. 

Monthly billing statements, even for matters handled on a contingent fee basis, are an excellent way of communicating the work you are pursuing on their behalf. Develop a billing format that adequately communicates your work and the progress being achieved each month.

Consider offering a “performance guarantee” of items within the lawyer’s control, such as the level of service or an offer to adjust the fee if the client is not satisfied. This builds trust and conveys a willingness to share the risk.

Maintain communication

Perhaps the most common communication error made by attorneys is when their flow of information is all to the client. Contact clients to learn what concerns or questions they may have. Managing client expectations is possible only by giving clients the chance to clearly and regularly express them. Your relationship with a client should be a collaboration, grounded by communication and understanding. Such collaboration doesn’t just manage expectations, it also ensures client satisfaction.

1.    Convince Yourself

First off, many ask why?  The statistics speak for themselves.  As of March 2012, there are 901 million monthly active users on Facebook alone.  526 million of those use it daily.  Do I need to go on?  During March 2012, on average 398 million users were active with Facebook on at least six out of the last seven days. Most check it several times a day.  On any given day, there are as many as 5 billion things exchanged, liked or shared.

It’s free.  Unlike media such as radio television or print, to get involved with the basic social media campaign is free and you can simply have a place holder, so people can find you, or you can become active and bring users to you.

Convinced?  If not, that is okay.  I don’t need the competition.

2.    Join Facebook and Start a Page

Really? You do not even have a basic profile? Well, that is OK. It takes 5 minutes and an e-mail address.  It’s pretty simple to join and become one of the 900-plus million.  Join and set up your personal page as little or as much as you want.  It really does not matter.  Then scroll down to the bottom and click, “Create a Page.”  You will then select “Local Business” or “Company.”  Enter basic information and you are almost there.

3. Customize

Once your business page is set up, you can customize it quite a bit.  Photos of you, your office or anything else should be added.  Provide information.  This is where some knowledge of SEO helps, but isn’t necessary.  The point is not to be short or long winded, but descriptive.  Use words that your customers may type in your description about your type of practice, specialties and location.  It will make it easier to find on and off Facebook.

4. Invite People Aboard

A Facebook page with no “Likes” is not going to do you much good.  Popularity is good.  You can start by inviting email contacts, inviting other Facebook friends and sharing the page on Facebook to get people to “like” you.  That means your updates, photos and what you share is shared on their news feeds.  The more “likes,” the more searchable a page seems to be on and off of Facebook.

5. Interact

It doesn’t have to be you that controls the page, but is should have your touch.  Under “settings,” you can go to “manage administrators” and add anyone else you want to allow control over the page. Note that when they post, they post as the page.  In our office, we sometimes sign our posts with our names, so people know who a post is coming from.  The important part is having someone that can post content that will help build interest.  That’s what it is all about- content.  Your friends may hang around to see your dull posts, but to get and keep a wide audience takes time and content that is educational, funny or inspiring.  It takes some time to build things, but even if you have a page with a dozen fans, you are doing better than most.

6. Build, Build, Build

As you or your social media guru becomes more in tuned with Facebook, you should post more content. Share clever things shared by others.  Make sure you put your website and contact information on there.  Fill up as many of the white boxes as possible.  Remember, it is not just about who sees it, but who might find it.  Facebook will bring in business.

7. Brand, Brand, Brand

What makes you different and what do you do best? What is your brand?  We went with one that focuses on our office being down to earth and accessible.  We laugh, we post things that many wouldn’t, we cause a little controversy sometimes.  People are looking for something that interests them- a Brand, not Bland.  It is a whole different topic, but a Facebook Page can be a place where you market different ideas, different concepts.  I have even floated different ideas, theories and stances about cases as essentially a mock jury.  You can always delete and it is a live audience.

9. Invite Messages

People can now message through Facebook Pages and it looks like e-mail, essentially. We offer free legal consultations and communicate with people.

10. Grow with Facebook

Facebook will evolve and connect people for years to come.  It is a great referral source and also interconnects friends and business associates in ways never before possible. Using it as an idea sharing and using it as a marketing tool is priceless.  Seriously, it is without price- it’s free.

Conclusion

We have had a page on Facebook for over a year.  Please “like” us at www.facebook.com/knowthelawyer.  We have almost 3000 followers and are one of the largest and most interactive Facebook “law firms” around.  It takes work, but can be fun.  I’ve learned a lot about others and myself and truly believe it has made me a better lawyer.

So, recently, I was putting together some written discovery and I wanted to include an interrogatory asking the opposing party to identify each of his social media accounts (note to avoid controversy: not his passwords). Obviously, a request along the lines of, “Identify your username and the associated email address for each and every social media website or platform you currently or have previously participated in or joined,” simply wouldn’t cut it. So, being the clever lawyer that I am, I crafted the following. (Note, the sites in bold are the ones I actually included–but I decided that I might as well put together a comprehensive list while I was at it.)

For each of the websites and or services listed below, identify your username(s), the email address(es) associated with the account, and the approximate date you joined the website or service. If you have not joined a listed website or service, expressly state that you have never joined that particular website or service:

And there you have it. I may have included more sites but I have no idea what half of them are. It is a hefty interrogatory but you will have a lot of account info, public postings, and the information you will need to delve deeper and/or serve third-party subpoenas. I doubt you’ll run into issues with the “discrete sub-parts” issue. Isn’t social media grand (and a fantastic way to run up discovery costs!).

Enjoy! I’m sure opposing counsel will!

About the author: Tyson B. Snow is a founding partner at Mumford Rawson LLC in Salt Lake City. His practice focuses on management-side employment litigation and all facets of tech-related and IP litigation. He regularly presents and writes on the interplay of social media and the law and authors the Social Media, Esq.™ blog. You can follow him on Twitter at: @tysonESQ.

Quality is not a feature people will pay extra for. It simply means you meet the minimum level of expectation.

For every service you provide there are a thousand other law firms that offer the exact same service.

Regardless of how long you’ve been in practice, someone has been there longer.

And trying to compete on price is a losing proposition.

Every prospect that walks into your office is looking for the answer to the same question: Why should I hire you? While they may not verbally ask it, they are all thinking it. To win their business, you need to answer that question for them. Here are three things to emphasize in your response:

Focus on the benefits, value, and results. When meeting with a  prospective client, emphasize the benefits you offer to clients, the value you bring, and the results you achieve. Be careful not to run afoul of your state’s ethics in advertising regulations.

Focus on your service, not the list of services your firm provides.  Explain how you serve your clients better by going out of your way for them and by treating every person as a VIP.  Ask yourself what kind of “client experience” you want each client to have. Be very specific and write down your ideas. Put an action plan into place with your staff to ensure that every experience a  prospect or client has with your firm is a positive one.

Focus on solutions. People don’t buy legal services; they buy solutions to their legal problems.   Prepare a case study of how you found a creative solution to another client’s problem. Explain how you came up with it and the results.

Marketing your law firm is both art and science. There are no magic wands or silver bullets. It takes time, energy, money and advance planning. Too many attorneys view marketing as an event you go to or an ad you place in the Yellow Pages (and who uses those any more?).

Top Rainmakers recognize marketing is a process, a systematic approach to building referral relationships, cultivating contacts, and staying connected to clients.

About the author:  Stephen Fairley is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small law firms and solo practitioners. Over 8,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught by The Rainmaker Institute. In addition, Stephen is a nationally recognized law firm marketing expert and international best-selling author.

I’m a firm believer that the answer is “no.”  And I thought this was an obvious proposition, but the angst around this issue indicates that this belief is not universal.  So let’s unpack the question:

1.  What’s a “Legal Blog”?  Legal blogging, properly understood, involves an online series of postings and perspectives on the law and one’s experience dealing with it.  This is the paradigm I speak of when I say it is blindingly obvious that legal blogs are not subject to the attorney advertising rules, and it’s what I mean when I refer to “legal blogging” below.  So don’t go showing me some crap blog with a lawyer’s name on it and a long list of descriptions of auto accidents and say “I told you so.”  That’s not blogging.  Unfortunately, “blogging” has become a loose term, at times synonymous with the use of a blogging platform or format and little else. So, a caveat:  Taking marketing materials and putting them on a WordPress blog doesn’t make it a “legal blog.”

2.  The Limited Reach of the Attorney Advertising Rules.  It’s a far deeper discussion than I have room for here, but suffice it to say that attorney advertising regulation can only apply to “commercial speech.”  It doesn’t matter what expansive language the state bar has chosen to use in its rules.  Under a long line of Supreme Court cases starting with Bigelow v. Virginia, the courts have delineated the difference between advertising regulation and regulation of non-commercial speech – the latter which must meet the “strict scrutiny” standard required of any content-based restrictions on speech.

Even then, the ability of the bar to regulate flatly commercial speech is still significantly constrained by the Constitution. Such regulation must meet an “intermediate scrutiny” standard in which the bar carries the burden of proving the regulation is necessary and not excessive (see Central Hudson v. Public Service Commission of New York).

So what’s “commercial speech”?  It’s straightforward advertising or marketing; speech whose primary purpose is proposing a commercial transaction (see Bolger v. Youngs Drug Products Corp.).   Does legal blogging meet this definition?  Of course not.  It’s protected expression, no more amenable to regulation as advertising than anything else an attorney writes or comments on for public consumption.

But wait – what of the fact that many erstwhile legal bloggers carry out their labors in expectation that it might grow their business?  That through their displays of erudition they will attract new clients and meet other attorneys who may refer them business?  That blogging will, in effect, expand and enhance their professional reputations?

I’ll concede that a great deal of legal blogging contains this kernel of motivation; this expectation that actively blogging will yield on the business development front.

It also doesn’t make a damn bit of difference.

Speech must be primarily commercial to be subject to regulation as commercial speech.  As the Supreme Court found in Bolger, the fact that a communication is driven by an economic motivation would “clearly be insufficient by itself to turn the materials into commercial speech.”  (p. 67)  Or it must be separable from the protected, non-commercial speech – as a law firm’s name would be, or an exhortation to retain the lawyer, as compared to the content of a blog post itself.  (see Riley v. National Federation of Blind of NY, p. 796)

If, however, the commercial purpose is secondary – or if it is “inextricably intertwined” with the protected speech – then the entire piece is free from regulation as commercial speech. (see Riley, again)

Legal blogging easily fits this bill.  It is commentary and discussion, a way for lawyers to scratch their itch to write, develop ideas more fully, vent, expound, connect and become better at their craft. And yes, maybe develop business because of it.  There’s a great discussion of how the distinction between commercial and non-commercial speech is parsed in the 1995 federal district court case of Texans Against Censorship v. State Bar of Texas (see pages 1343-45).

Still not convinced?  Then ask yourself whether you’re ready to call for all  legal publishing to be regulated under the attorney advertising rules.  After all, every piece written by lawyers and firms for legal periodicals has a business development motivation.  No one in their right mind would think that a piece written by a law firm partner for Corporate Counsel Magazine should be required to contain an “ATTORNEY ADVERTISING” disclaimer.  Yet this is the logical destination of those who would claim that legal blogs must comply.

3.  But Wait . . .  Keep in mind that I’m talking about the advertising provisions of the RPC. There are other provisions of the rules that can play in with legal blogging, well outside of the commercial speech context.  The attorney client privilege, the duties of loyalty and advocacy, the obligation to the tribunal, the interest in not committing malpractice – all and more are considerations as a legal blogger.  Most are solved by not blogging about active cases, and treading very carefully when it comes to past cases.

It may seem an easy thing to add a disclaimer to your blog, to tip the hat to the regulators.  And certainly some have neither the time nor the stomach to be a test case for the bar in the unlikely event that they come calling over this issue.  But for the rest, don’t let worry about advertising compliance cloud what you write or otherwise color your thinking.  Legal blogs aren’t advertising, and we should all feel empowered to express ourselves with impunity – within the bounds of our clients’ needs, of course.

Unless your “blog” is advertising, that is.  As I said at the outset, once you veer from legal blogging into marketing, the rules apply. And if that’s the case, do us all a favor and simply call it your “website.”

Avvo data shows that bankruptcy, DUI and immigration clients are generally the happiest with their lawyers, and that among Avvo users, more than 87 percent of lawyer reviews are positive and over 89 percent say they would recommend their attorney to others. Take a look at the press release for the full report.

When I was a kid, I was always shy. I grew up on Staten Island and I was always the only Asian kid at school. I was bullied a lot. Being bullied leads you to be shy because your life goal is to NOT be bullied, and the best way to do that is to be inconspicuous. If I tried not to be noticed, seen, or heard, it was harder for bullies to notice and pick on me. By the time I graduated from high school, I had a good group of friends, and I had some friends who were bigger than me. Those are very good friends to have when you’re bullied all the time because big kids are like natural bully deterrents. Because of my friends, I gained more confidence and I spoke up more. However, I was still not as outgoing as I am today.

Over the years, through college, law school, and really after I started my own law firm, I realized that if I wanted to succeed in this business, I would have to go out, meet people, and network. Networking scared me and I was shy at first because as a new attorney, I felt like I didn’t have much to offer and much less to talk about with seasoned attorneys. I realized very quickly however, that it really is a dog eat-dog-world and if I didn’t go out and compete for business with the best of them, I was going to sink fast.

I made a concerted effort to go to social events and talk to people. The more I spoke with people, the better I was at knowing what to say to people and more importantly, when to move on. Speaking with more and more people also allowed me to run into people I’ve seen and met with before which gave me the confidence to be more comfortable and in turn, meet more people. It’s a vicious cycle. Now I give at least two presentations to a room full of lawyers every month; I go to bar association events and I know many of the people there and am respected. Many times when I go to events, I no longer feel like I’m networking but simply meeting up with friends. I suppose that’s the key to networking when you’re shy–simply do it enough so that you’re just talking with your friends. Realize also that shyness is a learned trait and that it can be unlearned with practice.

Here’s a great lifehacker article on learning to overcome shyness: Being Shy Is Just a Bad Habit.

Gabriel is a divorce lawyer in Massachusetts. Follow him on twitter @GabrielCheong

A crowd favorite, 20 in 20 provides a quick look at the latest, must-have tools and applications for lawyers.

What did we miss? What cool technologies are you using?

1) Cloud Drives
Dropbox, SkyDrive, and Google Drive all pretty much work the same:  You can download onto your computer, it creates a specified folder, where the files you put inside are then stored online. People are able to access these files through any of their devises such as a desktop, laptop, and smartphone.
Main features of each:
-Google Drive – has up to 5 MG free storage, good pricing on monthly rates for extra storage (is a 10 GB limit)
-Dropbox  – (more for everyone) has up to 2 GB free storage. Apps for Windows, Mac, Linux, iOS and Android
-Skydrive – Geared toward people who store a lot of digital files. 7GB free storage, out of the 3 listed has best add on storage pricing, remote access to other pc’s.

2) Ultrabook Samsung Series 9
Similar to the MacBook in terms of functionality. The Ultrabook has a slim design and high quality resolution display. Samsung describes the UIltrabook as “the world’s thinnest and most compact premium notebook”.

3) iAnnotate App
The fastest and easiest app for reading, annotating, and reviewing PDF files on your smartphone. It has customizable tools and toolbars which allow the user to pick and choose what tools to display on the screens and streamline workflow.

4) Tripit.com
Is an ultra-sophisticated travel planner. Tripit compiles all your travel details and creates a helpful itinerary for when you need it all in one spot. Users can access this on their smartphones at any time.

5) Uber
This app is like your on-demand private driver. It allows the user to request a car pick up at any time. Uber will then dispatch the nearest driver to pick you up. You’ll then get a text with the estimated arrival time and also when the car arrives. When the ride is completed no need to worry about having cash, Uber will bill your credit card on file and also include a tip.

6) Dragon Dictation
Easy-to-use voice recognition app used to quickly and conveniently send emails and texts. Up to five times faster than typing on keyboard and also saves your emails and texts in the Dragon Dictation Notes folder on your smartphone.

7) Bloomberg Law
Is a system of legal content, company and market information and news. Each user has unlimited access to the content in the databases and workflow tools. It is an advanced service that delivers information legal practitioners need, geared toward the way they work.

8)Pico Projector
Is a handheld/pocket projector, mobile projector. It can be used as a standalone projector or as a combined component in mobile devices, and uses the same technology that powers standard projectors.

9) Kindle Fire
The Kindle Fire has over 20 million movies, TV shows, songs, magazines, and books. It also has high speed web browsing as well as built-in Wi-Fi. It has a rich color touchscreen and thousands of apps and games.

10) Lumosity.com
Brain training program. The brain training is focused on a wide variety of scientifically designed brain games. Lumosity focuses on providing a fun environment so that users are encouraged to continue their training.

11) Instapaper App
One of the many cool apps featured on this list, Instapaper is a simple tool that bookmarks interesting articles so you can come back to read them later. It works across platforms as well – desktop, iPhone/iPad and e-readers.

12) iThoughts App
Allows you to import and export mindmaps to your mobile device from any of the popular desktop mindmap applications.  Now you will have all your best ideas, plans and lists with you wherever you go.

13) Fastcase
A legal research service that includes a national law library collection of cases, statutes, regulations,  court rules and constitutions that is easy to search and sort.  The most important and relevant results are easy to find, and include citation analysis. It’s accessible across all computing platforms and free trials are available.

14) Ruby Receptionists
Ruby is a virtual receptionist who provides the friendly and professional service you expect people to receive when calling your firm. Ruby will work with you regardless of your location and is never sick, late or on vacation.

15) Square
A mobile card reader that hooks into your Android, iPhone or Ipad, allowing you to accept credit card payments on your mobile device.

16) Evernote App
Never forget an idea, lose a list or misplace an important piece of information. Remember everything with this app that syncs your notes on the computer, phone, tablet and the web.

17) Penultimate App
Dynamic handwriting app for the iPad. Recently acquired by Evernote.

18) Unbounce.com
Do-it-Yourself landing page templates to create, publish and optimize landing pages for your practice. Includes A/B testing.

19) Rocketmatter and Clio
Web-based practice management software providers that help lawyers manage and secure every aspect of the law firm – document management, billing, time management and client relationship management.

20) Jelly Fish Art
Order real, live jelly fish to swim around on your desk. Choose from different types of tanks and various types of jelly fish. Definitely not something you see every day.

*Technically this list includes few more than 20! Here are the slides: