Best Client Call of the Week

Frustrated woman making a phone callMy websites all have contact forms, so that prospective clients can email me a question. The forms require that the prospective client provide an email address and/or a telephone number. How else would I contact them?

So, I received an email from a visitor to one of my websites (let’s call her Jane), and I promptly responded.

The next day, I received another email from the website from Jane, asking the same questions again. I responded again, apologizing that she had not received my earlier response.

On day three I received two emails from Jane, and they made clear that Jane was not pleased that I was ignoring her emails. Jane had never provided her telephone number, so I had no means to contact her other than through the email address she was providing each time. I was sure my email was probably ending up in her spam filter for whatever reason, but I responded each time.

Finally Jane called, and she was hopping mad that she had written me so many times and received no response. I explained that I had responded to every one of her emails, and read back her email address.

“Oh, that’s a fake email address. I always use that when I fill out contact forms. I don’t want to get spammed,” she said.

How to Write Like a Pro in a New Content Niche

Here’s how to pivot your style and approach to write informative, engaging content in a new niche – Content Marketing Institute.

Source: contentmarketinginstitute.com

I want to share this great, very detailed article on creating content for a niche. Although not specific to law firm marketing, the concepts are the same.

One thing you should be doing is to monitor the most popular articles on your own blogs, in order to provide more of that sort of content. In this article, you’ll learn how to do the same for other blogs, in order to increase your awareness even further.

If you want to take your firm to new levels with an effective content marketing plan, be sure to read my Niche Marketing Roadmap series.

See on Scoop.itLaw Firm Marketing

Best Client Call of the Week

angry callerA gentleman called about a case, wherein the amount in controversy was about $1,500 – a clear candidate for small claims court.

“Well, this isn’t a case I would be able to represent you on because it wouldn’t make economic sense to hire me for a $1,500 case, but I’m happy to give you my thoughts on how you could pursue this in small claims court,” I said.

We often get calls about cases that are best handled in small claims court, so I’ve created a web page that walks callers through the process of suing in that court. When I get these types of calls I’ll take a few minutes to give the caller some tips on how to calculate the damages and what evidence to present, and then I send them to the web page.

This caller was taking advantage of my kind nature, asking very specific questions about how “I” was going to handle the case; which witnesses I would call, which documents I would use. In each instance, I told him that “I” wasn’t going to handle the case, because the legal fees would far exceed the amount he was seeking to recover. In all, during the course of the conversation, I told him about six times that it would not be economically feasible to hire me to represent him given the amount in controversy.

He grew a bit curt when I repeated the refrain for the sixth time that I would not handle the case.

“Why do you keep saying that? Why wouldn’t it make economic sense?”, he asked.

“Because this is a case that should be pursued in small claims court, and individuals cannot be represented by an attorney in small claims court. For me to represent you, I’d have to file a full-blown action in the Superior Court, with written discovery, depositions, possible motions, etcetera,” I responded. “You avoid all that in small claims court. Also, there is no basis to recovery your attorney fees, so you’d be spending far more on me that you would be seeking to recover. It wouldn’t make sense to spend all that money on legal representation for $1,500!”

“But what if I wanted you to represent me? What would it cost?”

Well, I’m $495 an hour, and I require a $10,000 deposit to start.”

“Why the f**k would I pay you $10,000 to get $1,500! Are you out of your f**king mind?”

Click.

Using the Internet to Educate (and Intimidate) the Opposition

schoolI will say up front that I have no empirical data to show you regarding this strategy, but it came up in a case I just handled, and I wanted to share it with you. As I will discuss in a moment, on a number of occasions opposing counsel has quoted my articles back to me, so I know they are reading them, which leads me to believe this strategy could be very effective.

Here’s how it came about. I was representing a client who was being sued for allegedly failing to disclose a permitting issue with the house he had sold. The real estate broker was also a defendant, and she was represented by separate counsel. I won’t bore you with all the details of why the plaintiffs’ claims lacked merit, but suffice to say there would have been no problem if the plaintiffs had simply purchased the home and lived in it. They had the undisclosed intent to tear down the residence and develop two homes in its place, and it was only because of this drastic redevelopment plan that the alleged issue with the permit arose.

Plaintiffs’ Complaint contain two causes of action for fraud, and a third cause of action for negligent misrepresentation. Plaintiffs had also demanded a jury trial.

I had had no luck educating opposing counsel during the litigation process, but I was hopeful that with the reality of the trial, I might finally be able to get them to pay attention to the facts. I devoted significant time to the trial brief, which included numerous references to the deposition testimony of the plaintiffs and the exhibits. After reading my trial brief, I believe it finally became apparent to opposing counsel and/or his clients that they would never be able to prove the intentional misrepresentation. They not only dismissed the two causes of action for fraud before the trial commenced, they also waived jury trial.

Intimidating opposing counselThis brings us to the point of this article. We were therefore left with the decision of whether we wanted to pick up the jury. The judge allowed defense counsel to adjourn to the jury room to discuss the issue. The broker defendant was adamant that we should go along with dismissing the jury, based entirely on what she had seen on opposing counsel’s website. Like me, opposing counsel likes to pontificate on-line about various trial strategies, and he had posted several videos about how he prevails in jury trials. He had apparently gone on and on about how he can manipulate a jury by telling a good story, and in doing so make the jurors ignore the law. Based on these videos posted by plaintiffs’ counsel, the broker wanted to waive the jury.

I pointed out to the broker and her counsel that it was this same plaintiffs’ counsel who was requesting that the jury be waived. Obviously, whatever Svengali influence he felt he could use on jurors, he had come to the conclusion his clients were not best served by a jury in this case. He had decided he had a better chance of winning with a bench trial and, if we agreed, we were only giving him what he wanted.

Attorney Intimidation

The broker was undeterred. Opposing counsel’s videos had so convinced her that he was an expert with jurors, that she didn’t want him to be allowed anywhere near a jury. She even said, referring to me and her own counsel, “No offense, but I didn’t see any videos from you about how good you are with juries.” This statement was especially telling, because it indicated that she was attributing special expertise to opposing counsel based on the fact that he had posted videos on the subject, and we hadn’t.

Ultimately, we did decide not to use a jury for other reasons. The plaintiffs had rolled over and conceded to the government agency in question that my client had failed to get a necessary permit some 25 years earlier. It wasn’t true, but the plaintiffs were basically taking the position that they never would have been able to move forward with their construction plans unless they conceded the point. They contended that fighting about the existence of the permit would have taken more time and effort than just conceding the point and moving on. Crazy, I know. There was no permit issue, but according to plaintiffs the defendants should be held liable for somehow failing to disclose that the agency might think there was a permit issue.

Nonetheless, the case might have had jury appeal, because the plaintiffs did spend about a million bucks getting the agency to approve their plan, so I felt the case was best decided by a judge. A jury might ignore the law and split the baby. It turned out to be a brilliant decision for the defense, not only because it greatly streamlined the trial, but the judge stuck to the law and found in favor of defendants. Indeed, he ruled from the bench immediately following the presentation of the evidence. I frankly don’t know why plaintiffs’ counsel decided at the last moment not to use a jury; I think if plaintiffs had any chance of winning, it was only with a jury.

intimidating attorneyBut the lesson I learned from this experience is that the information you post on the Internet can be used to educate and even intimidate the other side. Even if opposing counsel doesn’t buy into whatever it is you’re selling, the opposing party may not be sophisticated enough to recognize any posturing for what it is.

Of course, the flip-side of this coin is make sure your writings are not giving anything away. On multiple occasions I have had opposing counsel attempt to use things I’ve published on the Internet against me. In all cases the attempts have been unsuccessful, but they served to highlight the fact that the opposition is reading my articles.

In one case, I had written about the inefficiencies of some large firms, and how their goal is to bill for all the services they can perform on a matter as opposed to the services they need to perform. I gave a list of the conduct that typifies this sort of behavior, such as demurring to answers, and bringing motions to compel after every discovery response. It happened that I was bringing a completely righteous motion to compel in the case, and opposing counsel cited to my article to claim that I was engaging in the very behavior that I criticized. My motion was granted and the argument fell flat on its face because it only served to illustrate that my philosophy is to only bring a motion to compel when absolutely necessary.

In another case I was, with the client’s permission, blogging about a case as it progressed. I changed many details of the case and didn’t use any names, so no third-party would know of which case I was speaking, but the opposition obviously knew I was discussing the current case. I represented the defendant, and plaintiff’s counsel had floated the idea of a possible walk away settlement. However, when I wrote in a blog post that the plaintiff would “rue the day he filed this action against my client,” opposing counsel wrote to say that there would be no settlement.

I wish I could say that this had been my evil plan all along, but the amazing result was completely unintended. To paraphrase Bill Murray from Groundhog Day, opposing counsel began to “drive angry”. He and his client were apparently so upset by the "rue the day" remark, that they failed to properly prepare the case, and instead came to trial with no other strategy than to use a my words against my client, in order to somehow make the defendant look callous. The court, of course, excluded my article as irrelevant, and the plaintiff was left with no viable strategy. During my cross-examination of the plaintiff, the court took a recess and called counsel into chambers. He turned to plaintiff’s counsel and said “defense counsel is methodically cutting your client to pieces.” The judge recommended that we have further settlement discussions. We ended up with a large stipulated judgment on our cross-complaint, even though my client had previously been willing to walk away. Plaintiff did, in fact, rue the day.

Karate KidAs you can see, you should always consider in the back of your mind, when posting articles on the Internet, whether you are giving too much information to the other side. But with that said, here's the way I look at it. I may be giving a trial strategy to the opposition, but I liken it to the final scene in the original Karate Kid movie. (Why would you ever remake such a classic?) Daniel-san, badly injured during a competition, prepares to execute the Crane technique, which Miyagi had taught him. We are to assume that this is the first time this move has been seen at a competition, because as you can see from the accompanying picture, his posture telegraphs that he’s about to use the Crane, but Daniel’s opponent is caught completely off guard. Once used, however, everyone who saw the Crane now knows that move. When I write about a winning strategy I have employed, on the one hand I’m giving it away, but like Miyagi and the Crane, it’s probably save to assume that I know a counter move to my own strategy. And as I learned from this case, your stories and boasts may well scare the opposition to death.

Flat Fee Arrangements Promote a Winning Practice

The Practice of Law - Fee AgreementsFlat fee arrangements are amazingly liberating.

Most of my fellow litigators won’t take a case on a flat fee, either because they are concerned that they will grossly underestimate the time the case is going to take and end up with an effective hourly rate of $25, or simply because they think they’ll make more on a straight hourly basis.

I acknolwedge that some cases just do not lend themselves to a flat fee because of the unknown factors, but when you have a case with a reasonably predictable time factor, a flat fee is a fantastic way to go, not because it earns you more (although it can), but because it allows you to do more.

This may be counterintuitive to some, and probably blaphemous to attorneys that are only in it for the money, but I’m in it to win and a flat fee gives me greater freedom to do what I need to do to win.

Say you have a case that is crying out for a demurrer. On a straight hourly arrangement, your discussion with the client goes something like this:

You:  “I really think we should bring a demurrer. The third cause of action for breach of contract fails to allege performance, and here they really can’t honestly allege performance, so I think that will get rid of that cause of action.”

Client:  “So if you bring this motion the case is over?”

You:  “No, it will just get rid of that one cause of action if we prevail.”

Client:  “How much will the motion cost?”

You:  “With the motion, the reply and going to court, I can probably do it all in ten hours, so $4,500.”

Client: “So I pay you $4,500 and the motion may not work and even if it does it doesn’t end the action it just gets rid of one cause of action?”

And what the client is thinking is: “Damn attorneys, he’s just trying to run up the bill.”

With a flat fee, all those conversations are eliminated. If I think a demurrer is needed, I bring it. If I think more discovery is needed, I propound it.

And this isn’t pure altruism. Yes, I do this to win, but being free to do everything I want to do on a case may allow me to prevail on the action much more quickly, making the flat fee a winning bet for me financially.

A few tips for flat fees: Continue reading

Lawyer App of the Month – Jotbox

Jotbox app

It always seems to happen in the shower.

I come up with a brilliant strategy for one of my cases or remember something that needs to be calendared. (I read once that there is actually some scientific basis for epiphanies in the shower, having to do with ions or something.) I need to get the idea down as quickly as possible before the thought is lost, and I need to make sure I will see whatever reminder I create.

I always have my phone with me (well, not actually in the shower), so I could create a reminder or enter the idea into Evernote, but that assumes I will hear the reminder tone or remember to look at Evernote before the deadline occurs.

Enter Jotbox. I may not check my voice mail or see all the text messages that come to me, but I am always good about checking my email. With Jotbox, I just dictate a quick message on my iPhone, and with a single click the typed message goes off to my email. I also have the options to scribble a message on the screen, or even snap a photo (a picture of an empty shampoo bottle, perhaps, to remind me to buy more).

When I arrive at the office and check my email, I can then deal appropriately with all the reminders.

Incidentally, if you want, you can use your Evernote email address. Instead of showing up in your email, they will show up in Evernote.

I found Jotbox while checking out a similar program called MeMail. The latter program does not have all the same features, and is $2.99, whereas Jotbox is just 99 cents.

Better Call Saul!

The Definitive Guide to Starting Your Own Law Firm . . . Is Here!

Lawyers around computer

First tip for starting your own law firm: Don’t all crowd around one computer.

My series on starting your own law firm is now live!

This site is devoted to the practice of law, but the companion site — YourOwnLawFirm.com — deals primarily with law firm marketing. This series is in response to all of you who wrote to say, “You know, Aaron, that law firm marketing stuff is all fine and good, but I need to know how to start the law firm in the first place.” (You were all actually far more articulate.)

The series is still a work in progress, but there is already a lot of information you should find useful, even if your law firm is already up an running. I’m pretty good about thinking outside the box, but in looking back on some of my foibles, I realize I sometimes took action based on nothing beyond the fact that I thought everyone else was doing it that way. Getting a look into how someone else runs their office can often lead to improvements in your own procedures.

Ultimately, I’m going to package all of these articles into a book, but you’ll get it all here first. Your comments and suggestions are welcome.

To start the series, go to the right sidebar on this page, and look for the Starting Your Own Law Firm Series. I suggest beginning at the beginning, but of course you are free to go to whatever article interests you. If you’re on a mobile device, the sidebar may not be visible, so just click on this link to go to the first article in the series.

I hope you enjoy what you read, and that you are able to apply it to your own practice, old or new.

Get a FREE Copy of the #1 Law Firm Marketing Book on Amazon

I love e-books, and manage to go through four or five per week, mostly nonfiction. How do I go through so many books in a week? As I explain in more detail here, I use my Kindle’s text-to-speech function, cranked up to two or three times the normal speed (no, there is no chipmunk quality), and listen to books whenever I am commuting, showering, dressing, etc.

The truth is, especially when you read multiple books on the same topic, even a really good book may offer only ten or twenty really good, new to you takeaways. As I’m listening to an e-book at warp speed, I can easily absorb the broad concepts, and if a really good takeaway pops up, I can slow it down and repeat, or have Siri send whatever I want to remember to Evernote.

(Did you know you can have Siri on your iPhone add notes to your Evernote account? Here’s how. Of course you can dictate directly into Evernote, but the Siri method allows you to do it hands free. No distracted driving for you! The next version of iOS will make this even better, because Siri will obey your commands without you even having to push that one button to get her attention. And if you’ve seen that episode of The Big Bang Theory, you know that Siri is a real woman answering your questions in real time.)

But feeding my brain is not without cost. Even though we live in wonderful times where e-books can be had for a fraction of the price of their printed brethren, going through four or five books per week can still be a costly addiction. Continue reading

How to Sign a PDF Without Printing and Scanning

So you’ve received a PDF document by email that you need to sign and return, or you’ve sent one to your client to sign. How do you accomplish that task?

Do you print the PDF, sign the document, scan the document, and then email it? If you do, you are being unnecessarily inefficient. There is an easy way to open and sign that document without ever printing and scanning, and it’s probably already on your computer.

The free Adobe Reader includes multiple ways to get your signature on a document. It will create a signature for you just from text, but if you want your real signature on the document but just can’t navigate turning your signature into a digital image that you can drop into the document, Adobe Reader even lets you hold your signature up to your computer’s webcam.

Go here for a detailed article on how to use Adobe Reader to sign a PDF.

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