Tuesday
Referrals Matter More Than Ever - Say Thanks More Than Ever Too
Okay. So the economy is down and business is still not back to where it was a few years ago. Don't quit just yet.
Pay attention to your referrals. Those are the best sources of new clients you can have. Why? Because when another attorney refers someone to you they are saying that they know you and they trust you. And whey they say that to a prospective client of their's - it's the best thing they can say about you.
So, don't forget to thank them. In these tough times, you need every new client you can get. Be sure to let the referring attorney know how much you appreciate the fact that they thought about you, if you want to keep those referrals coming.
A personal handwritten thank you note that is written on quality stationary or a quality oversize note card, and then sent through the US mail, says volumes about your courtesy, appreciation, and professionalism. Emails are nice, but they don't give that extra emotional feeling that a human being gets when they open up a quality envelope, unfold a quality printed thank you card, and read a personal hand written message of thanks on the inside.
It says you also care about them. And you appreciate them. And you won't forget them either. And that reciprocal thought makes that "thank you for the referral" card worth its weight in gold.
Friday
A Different Closing Argument (a Guest Post)
For a different approach to handling a closing argument, here's an article that Elliott Wilcox has kindly allowed us to reprint here. It's a different idea to consider in your next case. If you don't subscribe to his Trial Tips Newsletter, I'd highly recommend it.
“The -Best- Closing Argument?”
by Elliott WilcoxHow do you structure your closing arguments? If you're like many attorneys, you probably take advantage of primacy to start strong and tell the jurors how strong your case is and show them why you deserve to win. Normally, that's exactly how I coach law students and trial lawyers to structure their closings. “Start strong,” I'll say, “disclose your weaknesses in the middle, and then finish strong.”
But... That's not necessarily the “best” way to outline your closing.
Trial advocacy is art. Unlike mathematics or science, where only one correct answer exists, art doesn't necessarily have a “best” way of doing something. Working from the same palette, Cézanne, Picasso and Dali each created radically different depictions of the human form, but none of their masterpieces can objectively be called “the best.”
The same is true of closing arguments. There are many different approaches, but we can't objectively say one of them is the “best” way of structuring an argument.
So, with that in mind, let me offer another approach for structuring your closing argument.
Rather than starting with your strongest argument, then saying “But, here's the weakness with our case,” you might want to consider starting with your case weakness before discussing the strongest part of your case. That's because the word “but” indicates, “Put aside what I just said, and pay attention to what I'm about to say.”
For example, let's pretend that during your semi-annual review, your boss tells you, “Overall, your job performance is excellent, but... your communication skills need improvement.”
If you're like most people, you probably fixated on the negative portion of the evaluation, even though the overall evaluation said you were doing an excellent job. It's just human nature - when we hear the word “but,” we tune out the previous statement and focus on what follows. Don't believe me? Just imagine the person you love most in the world telling you, “I love you more than anything else in the world. You're the most wonderful person I've ever met. I can't imagine life without you. But...”
All it takes is one word and you've completely forgotten about how wonderful you are, haven't you?
With that in mind, you may want to reconsider the structure of your closing argument. Many cases have been won with arguments that basically said, “We have a strong case that deserves to win... BUT, there are a few weakness in this case that you should know about.” If you're afraid this structure may increase the risk of jurors placing greater focus on your case weaknesses, you may want to re-write your argument like this: “There are a few weaknesses in this case that you should know about... BUT, we have a strong case that deserves to win.”
You probably won't want to try this format during opening statements, because at that point the jurors don't know anything about your case yet, and you'll want to fully maximize the power of Primacy by establishing a strong, positive image in your jurors' minds. However, by the time you reach closing arguments, the jurors have heard all of the testimony and seen all of the exhibits in your case, so Primacy doesn't play as big a role.
By the time you reach closings, the only thing left is argument. By discussing your weaknesses first before talking about the strength of your case, you may enhance your credibility with the jury and help them become more receptive to your arguments.
The important lesson is that there's no “best” way to craft your closing argument. Don't get locked into thinking there's only one way to structure your arguments or that there's a “magic bullet” that will work in every trial. Each trial is different, each client is different, and each jury is different. As the trial lawyer, it's your job to discover which structure you should use and which arguments you should make to create your “masterpiece” closing. Good luck!
Elliott Wilcox publishes Trial Tips Newsletter. Sign up today for your free subscription and a copy of his special reports: “How to Successfully Make & Meet Objections” and “The Ten Critical Mistakes Trial Lawyers Make (and how to avoid them)” at www.TrialTheater.comThursday
You Can Get More Done by Doing Less
Court Cancels Sale of Haunted House
http://www.burdgelaw.com/
Monday
Part 5. How Your Web Site Can Make You Look like a Buffoon
Tuesday
Part 4. How Your Web Site Can Make You Look Like a Buffoon
Sure, everyone just loves to see those “page not found” messages, so let’s have a web site with links that don’t work or pages that aren’t listed in the Site Map at all so the Google spider can’t find them either.
If a prospective client takes the time to find your site and then can’t find what they want in only one or two clicks, they think you could be a buffoon. Check your outbound links to make sure they all work. And then six months later check them again to make sure other people’s web sites are still out there to even be linked to.
And make sure your links are to web sites that are relevant to your site visitors. Links to irrelevant sites can actually hurt you because it can resemble a link farm. And search spiders hate link farms.
A link farm is a web page whose sole purpose is to post outbound links to as many other web sites as they can get someone to pay for. Search engine algorithms don’t like them because they have been programmed to know that it’s just an effort to make them think that the target site pages have more meaningful “real” links to them (from non-farmers) than really exist. In other words, they know a con when they see it.
There are software programs all over the net that check links on your page for free. An easy one to use, which checks the first 60 links on a web page for free is Webmaster's Link Checker. It's quick and easy to use.
So check your links regularley. And that reminds me of another common problem. We'll cover that one next time.
Sunday
Part 3: How Your Web Site Can Make You Look Like a Buffoon Without Really Trying
Part 2, How Your Web site Can Make You Look Like a Buffoon Lawyer Without Really Trying
Monday
Small Law Firm Break-Even Analyzer
While not intended for lawyers starting out on their own, the program can be used for it and can help young lawyers put on their entrepreneurial hat and plan their business future much better than the old pen and paper approach.
It's just one of several online services you can get free from Small-Business-Ideas.net. You can comjpare different scenarios, see what happens when you increase (or decreas) your income or expenses, and it reminds you of the categories of expenses that you have to account for.
We highly recommend every young lawyer try it out before you strike out solo on your own.
Saturday
How Your Web Site Can Make You Look like a Buffoon Lawyer Without Really Trying
Thursday
Spyware Disguised as Fake Security Warnings
There's nothing worse than to lose all your hard drive contents to a virus infection you didn't even suspect was coming at you. Attorneys don't have time to wrestle with computers.
Monday
Is there marketing help for lawyers?
There's a nice article over on Law.com's Small Firm Business page by Kimberly Rice titled "How Can law Firms Help Their Lawyers with Marketing?" with some great tips.
Why LinkedIn Should Matter to You: Using Social Media
The Legal Intelligencer has posted a short, less than 5 minute, introductory video to the use of social media that marketer Gina Rubel presented at a seminar. Nicely done, it gives you a brief overview of LinkedIn and other social media.
It's well worth the watch. You can view it here: http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202461733777&src=EMC-Email&et=editorial&bu=The%20Legal%20Intelligencer&pt=TLI%20AM%20Legal%20Alert&cn=TLI_AM_LegalAlert_20100621&kw=Why%20LinkedIn%20Matters%20for%20Law%20Firms
One click back in the url will take you to a list of other informative videos that are worth a look, each on different topics. While the site is heavy on the home town lawyer scene of Pennsylvania, it has lots of articles and posts that apply to the legal industry in general. It's "Today's Headlines" feed is one of my regular subscriptions and the entire site is worth a look-see.
Ms. Rubel is right to tout the advantages of LinkedIn and other social media. Learning to use it well is the one great advantage that young lawyers and upstart law firms have in the ever-competitive legal services industry.
Sunday
11 Ways to Avoid Being a Workaholic
Friday
Where Father's Day Comes From
Thursday
Resources for Lawyer Entrepreneurs
Friday
Chicago Seminar Links May 2010
Dropbox is Cool Tool for Syncing Docs on Multiple Computers
The last few weeks we've been working on some presentation materials for some seminars coming up. Sometimes working at home, sometimes at the office, and sometimes while waiting for a court session to start. And every time, we were working on the same document and didn't need to update the copies that were stored on different devices or computers. That's what Dropbox does.
Dropbox is an internet service that has only one job. It will synchronize the contents of a single folder on multiple computers so that the contents of that folder are always the same. If you save a file in the Dropbox at work, it will show up on every other computer where you have installed Dropbox.
And if you left your laptop at home, you can use any laptop to access your Dropbox over the internet. Of course, there's an iphone app for it too.
The service is free and has a moderate cost above 2GB. But 2GB will hold a lot of documents, powerpoints, spreadsheets, etc. Folks, if you move around a lot and need to have portable docs with you that are up to date, this is one perfect way to do it.
List of Social Networking Sites for Lawyers
If you launch into the social networking arena, remember the golden rule: keep work social networking focused on work and stay away from the personal stuff. Also, it's a good idea to check out some of the pages already posted on these sites by other law firms before setting up your own.
http://www.facebook.com/ is widely used by everyone who isn't a lawyer and some lawyers too. The formal is personal but can easily be turned into a professional page and has with it lots of options for privacy.
http://www.lawlink.com/ is common for information sharing and networking among attorneys. You can apply or be invited to join so there is some "vetting" of the authenticity of the participants. You can find legal news, some groups, ads, and forums. Document sharing is big here.
http://www.legalonramp.com/ touts itself as focused on collaboration, but then that's what underlies all social networking sites anyway. The difference here, though, is that LegalOnRamp requires it. For instance, just to get in the door you have to specifiy what knowledge you would like to share with others in the LegalOnRamp community. Some news and blog posts are visible to nonmembers so you do have the chance to build your reputation, but that is more of a side benefit to this site because its real focus is on developing relationships between attorneys.
http://www.linkedin.com/ is the most common social network site for legal professionals. Huge amounts of lawyers on members. It's easy to create a profile and to connect with others. Odds are that at least half of the lawyers in every big city are members here and you probably will recognize names right away. If you join anything, at least join this one.
www.Martindale.com/join.aspx is the "Martindale-Hubbell Connected" networking site and its purpose is obviously both for networking with other atttorneys and creating visibility for potential clients. The company has been around for what seems like forever, so their credability is well established. They offer an easy format with lots of optional additional "add-on's" like blogs, forums, groups, directories, Q&A, and more.
http://www.twitter.com/ does have lots of business and law firm members but their mainstream is the lay public. Still there are law firms, law libraries, government officials, and lots of business leaders on the service. It requires more of a committment to "tweet" your short messages on various topics and using it for promotional purposes of specific legal services, one at a time perhaps, may be its best use for the legal profession.
More and more attorneys are using social networking as a tool for marketing themselves and their practice so maybe it's time for you to get started or to expand too. Before starting, think about what you want to do carefully. Create a cohesive networking presence that you "tweak" to fit each networking site's best capabilities and its target audience. And check your law firm's Social Networking Policy as well as your state's ethics rules for guidance.
Wednesday
Social Media Policies Made Easy
http://www.thelawcoach.com/