Archive for the ‘Marketing’ Category

Ups and Downs

Thursday, August 12th, 2010

Private practice can be a roller coaster. The turns may widen and the grades may diminish as time passes, but the financial uncertainty never goes away altogether. Your threshold for risk will diminish as your practice grows.

Traditionally, summer months are the hardest for me and Adrian, but this summer has been an exception. We’ve seen unexpected growth during a time when we usually hunker down and prepare for the worst. We’re lucky, but even if every month is a relatively good month compared to when you started out, you still never know what the next month holds. A lot of money can pour out of a business very quickly when times are slow.

Running a small firm isn’t for the faint of heart. Running it the way Adrian and I run our criminal defense practice seems make it even tougher. You won’t see Brown & Little billboards. Clients don’t go on TV telling the world what we did for them. We have no phone book ads, no radio spots, and I can’t remember the last time we put money on the books for our Google AdWords account. If anything, this blog seems to scare away prospective clients.

Marketing for us is almost entirely socializing with other lawyers, remaining active in things we’d be doing whether we were lawyers or not, and most importantly, doing the best we can in every case. There’s a big downside to that kind of marketing.

The things we don’t do create the illusion of stability. The ignorant count Twitter followers like they’re money in the bank and calls from the back page of the phone book like they’re paying clients, not people in need of free advice without any intention of hiring a private lawyer. Oh what I’d give for the bliss of not knowing better!

The other part of the downside is taxes. An ad in the classified section of a paper is a 100% deduction. Web hosting and SEO are the same way. Take a highly respected lawyer in your field out for lunch to pick his or her brain and develop a relationship, and the IRS will hold you to a 50% limit. The IRS wants you on the side of the bus peddling your services, not in a social setting learning from a master (or even teaching a younger lawyer, depending on where you are in your career). It’s a sad state of affairs.

A man of faith I am not, yet each month the phone seems to ring and provide me peace of mind. Some months are good, others not so good. You don’t which which one it’s going to be until it’s too late. Luckily, they’ve never been so bad that Brown & Little couldn’t cope. I feel blessed, but I never feel secure, no matter how much money’s in the bank. It’s a strange sensation knowing that the source of your income in the future is people you’ve probably never met coming from sources you probably don’t expect, and there’s no guarantee anyone will come in the door at all.

Learning to represent people is a process, and you can always get better, no matter how good or old you are. Learning to roll with the ups and downs of ethically and professionally running a small firm is no different. It’s especially tough when false stability and government incentives line the quick and easy route.

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Posted in Marketing, Uncategorized | 1 Comment »

Poor Guy

Friday, August 6th, 2010

Sometimes, I have to respect spammers. Perhaps my favorite spam comment to date comes from “vimax,” who writes as follows:

I’m currently being held prisoner by the Russian mafia [penis enlargement] and being forced to post spam comments on blogs and forum! If you don’t approve this they will kill me. [penis enlargement] They’re coming back now. [penis enlargement] Please send help! [penis enlargement]

I think I just saved a life by posting this. You can thank me when they free you, vimax.

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Posted in Marketing | 2 Comments »

Marketing to Bikers

Tuesday, June 8th, 2010

I follow Susan Carter Liebel on Twitter. She’s the creator of Solo Practice University, a website that’s supposed to be “the #1 web-based educational and professional networking community for solo lawyers and law students.”

Yesterday, I noticed she put up the following with a link: “Adam Gee teaches you How To Market To Bikers in his newest class.” Intrigued, I clicked the link. I couldn’t find anything about the content of the course though, so I went to Adam Gee’s page at SPU. There, I saw the following under his syllabus:

Marketing to Bikers: Developing a Motorcycle Practice
* Indirect Marketing Techniques
* Direct Marketing Techniques
* Blogs, social media and books

I think SPU is a great idea, and Adam Gee may be a hell of a lawyer. For all I know, he may even have some serious biker cred. However, what Susan Carter Liebel wrote, along with that little portion of the syllabus on Adam Gee’s page, worried me a little bit.

I’m a biker. I ride ten to twenty thousand miles each year, and I’m very active in a variety of bikers’ groups. I volunteered for MROs and went to swap meets before I started law school. Brown & Little, P.L.C., wasn’t even a twinkle in my eye. My friends are bikers, so I often get to see lawyer advertising not from the perspective of another lawyer, but from the perspective of the target demographic. It isn’t pretty.

Lawyers saturate the biker market. Most lawyer advertising aimed at bikers is not well done. I cringe every time I see a pamphlet showing a couple of guys with neatly-trimmed goatees wearing neatly-pressed leathers as they lean on their spotless, stock Softails. Do they really think they can just add some flames and an angry eagle to their ad and they’ll be ready to take the motorcycle community by storm? Never mind, I know the answer.

Lawyers also start special wings of their firms claiming to offer bikers free breakdown assistance or legal advice regarding discrimination. They give out special cards for bikers to carry in their wallets in case something happens. When there’s discrimination or a stranded biker, you can usually hear the crickets chirping on the phone line. When a biker gets seriously injured by another motorist, however, the lawyers pounce. Good thing the biker joined their card-club; those pesky ethics rules about solicitation are normally a drag. Do lawyers actually think bikers can’t tell the difference between a gimmick and someone who genuinely wants to help? Never mind, I know the answer.

Attorneys finagle their way into every event bikers attend and every product bikers buy. They’re like vultures. They see the promise of riches and throw money at bikers, but most bikers see through their crappy advertising. Bikers know who the outsiders are, and they generally aren’t swayed by a back page ad. Weekend warriors and people who aren’t in a club or an MRO may not notice the lack of authenticity, so the poser biker’s lawyer will probably find himself sitting across a desk from a poser biker in an initial consultation, each pretending they’re the genuine article. I guess that’s okay, but it’s too bad lawyers have to insult the intelligence of a group of good people with ridiculous advertising in order to find a playmate for a session of biker make-believe.

Whether you believe me or not, I’m not complaining about this because bikers are my market. Sure, my firm does market to bikers, but it’s mostly just to the extent necessary to help good causes that need sponsors. We also do get clients from our involvement, but there’s one big difference between that and the way most lawyers market to groups like bikers.

I get biker clients the way I get clients from my family and friends. It isn’t based on some slick ad or some sham club I’ve convinced people to join. When a friend who happens to be a biker knows someone in need of a criminal defense lawyer, they refer that person to me because they know and trust me. Lawyer advertising in the biker market doesn’t take away my slice of the biker pie any more than another lawyer advertising in my mom’s Christmas letter would convince my brother to send a DUI referral elsewhere.

Lawyers study their markets as if the people who compose them are animals. They infiltrate organizations to take their targets’ hard-earned money. Their goal, because of the very nature what they’re doing, is to take more than they give. They aren’t in it to make friends or help a cause at all. And we wonder why we’re hated?

I understand that’s how marketing in general may work for a lot of lawyers, but I wish we had a little more self-respect. This is supposed to be a profession, isn’t it? Lawyers can get some of the low-hanging fruit by exploiting a group of people, but that doesn’t mean they should. It’s embarrassing. Are attorneys so greedy, stupid, and helpless that they need to pay someone else to study insular groups of people and teach them how to make friends with and influence those people? Never mind, I know the answer.

I hope SPU isn’t wasting its time sending freshly-minted solos into meetings to peddle their new biker helpline or hand out pamphlets with lots of flames and skulls, but I honestly have no idea what SPU intends to teach about bikers. If it’s something to make lawyers more effective at handling motorcycle-related cases, more power to SPU. If it’s a superficial study of what most bikers like (hint: a good time, and boobs) and don’t like (hint: authority) intended to show money-grubbing lawyers how to make friends and persuade bikers to hire them, I’ll be disappointed. Please, SPU. Do it right. The biker world doesn’t need any more law firms with mascots.

The only consolation for me in all of this is the fact that attorneys, probably far more so than bikers, are studied as a group and targeted by marketers. What I view as exploitation by us may be more likely to end up being exploitation of us. Most biker marketing isn’t going to send a single biker to a shady lawyer hoping to score a quick buck from a new group of suckers, but the same doesn’t seem to be true of marketing to lawyers. Lawyers looking to exploit bikers are probably going to find themselves getting a dose of their own medicine, medicine that actually seems to work on them. Attorneys will buy anything. That must be why many lawyers think they can get clients with half-baked ideas.

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Posted in Bikers' Rights, Clients, Marketing, lawyers | 15 Comments »

I Will Never Recommend These Lawyers to Anyone

Wednesday, January 21st, 2009

Last week, I discovered one drawback of having some of my favorite blogs link to us. With the increase in traffic has come spam. Lots of it. Occasionally, an obvious spam comment slips past our filter, but it doesn’t bother me. I delete it, and life goes on. It normally involves male enhancement or someone willing to do something that’s illegal in the deep south.

It looks like some new lawyers have jumped into the fray. Taking a cue from viagra vendors, some scumbag attorneys have decided to spam my poor little blog. They put up stupid comments talking about how great they are and linking to their website. The spam comments were completely unrelated to the posts. I won’t provide a link, as it will just encourage them. If they’re attacking little-old-me with spam, they are probably big enough to have more visitors than I do. A small number of people will notice me complaining about their marketing practices, but my link will probably just make them look more important. I’m pretty sure it’s a losing fight, but please correct me if I’m wrong.

I’ve purposefully avoided discussing marketing here, as I don’t really have much to say on the subject. When I started this blog, this was my thought process: I like writing. I need an outlet to complain about the things that frustrate me and make me eager to get to work each day. I want to learn HTML and PHP in my spare time. Blogging seems like a good way to combine all of that, right? I vaguely thought it might somehow serve as a marketing tool and possibly bring in a client or two if the content was good enough.

Well, I turns out I’m bad at marketing. I doubt the firm has gotten a single client because of this blog. I haven’t learned HTML or PHP very well either (try using the search function on this blog). On the other hand, I’ve enjoyed blawging, and I think I’ve written some decent posts. Blawgers seem to be a fairly close-knit community, and I’ve had a good time meeting and communicating with other blawgers. I learned there are some things I didn’t think mattered that do matter (like giving your blog a promotional name), and things I did think mattered that don’t matter (for some reason, I thought it was common courtesy to ask someone before putting them on your blogroll). I think I’m pretty aware of blawging customs at this point.

What those spamming lawyers did is more than just against custom. I view it as tantamount to spray-painting the outside of my office building with their name and number. It wastes my time cleaning it up and tells me they are either unethical or too incompetent to properly supervise their staff. If it’s an ethics issue, I think it will self-correct. An attorney who trolls blogs and self-promotes with comments-spam is probably nearing the end of his or her legal career (or so I hope). If I were an inadvertnently-spamming lawyer, I’d still be worried about my state bar ethics committee if I didn’t address it ASAP. If my marketing guy went too far, I’d rein him in or fire him. It’s the only honorable thing to do.

I won’t pretend to be all high and mighty. I also won’t try to shame spammers in general, as plenty of far better blawgers have already done that. On principle, I’m not putting any links in this post. Check my blogroll for people with good things to say on the subject. All I have to say is the following for the sleazy attorneys who spammed me: if you messed up and hired a shady SEO guy, you should be prepared to apologize and fix the problem. If you’re so desperate for clients that you resorted to spamming other lawyers’ sites, you should probably focus more on the quality of your legal services. I didn’t appreciate taking the time to delete your irritating comments, and I bet you didn’t earn yourself a single client doing it. I think I’m not alone in saying that under no circumstances would I ever consider recommending you or your network to anyone.

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Posted in Ethics, Marketing, Practice in General, Professionalism | 3 Comments »