Life at the Bar LLC Blog

By Julie A. Fleming February 20, 2012 No comment

This past week has been so busy that it’s made the hours I kept while in practice look appealing. Those of you who are sole practitioners or equity partners know that being a business owner as well as a practitioner means that you burn the midnight oil even more often than non-owners.

My current busyness is the result of great developments:  clients who are up to big things, new opportunities, and working behind the scenes on some significant projects that you’ll hear about soon. But it still means that I have more work than hours in a day.  Perhaps you can relate?

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Welcome back!

Coaching for lawyers

By Julie A. Fleming February 17, 2012 No comment

Social media is among the hottest activities online. It comes in many different flavors:  the “big 3″ (LinkedIn, Facebook, and Twitter), Pinterest, Tumblr, Google+, and many others.  When done in a way that generates conversation and connections, blogging becomes one of the most effective social media platforms available.  And yet, using any of these platforms takes time and efforts.

The biggest question I encounter about social media is, Why bother? It’s a fair question, especially given the number of lawyers who complain publicly about the lack of results from marketing via social media.  The three key reasons to use social media, however, also suggest how to use it effectively and why you should bother.

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Coaching for lawyers

By Julie A. Fleming February 10, 2012 No comment

The Whats, Whos, Hows, & Whys of Shareworthy Customer Service
By Tim Miles

Sometime last year, I began receiving emails from a blog titled The Daily Blur, written by Tim Miles. I have no idea why I got on the list (though I’m sure I subscribed) but I found value in almost every email, so I kept reading.  Tim is a Mac aficionado, and his emails helped guide me through my switchover.  Handy tips, links to interesting posts across the ‘net, but I still wasn’t quite sure what the blog was all about.

After what seemed like a long silence in the Fall and early winter, I began getting daily emails at the beginning of this year, and they started focusing on customer service with a Jan. 9 post that announced “Best Buy Made My Mom Cry”. A long series of posts culminated in the eBook The Whats, Whos, Hows, & Whys of Shareworthy Customer Service, which is available for a minimum 99-cent donation to Touchpoint’s Central Missouri Autism Project.  Being a sucker of a win/win proposition, and having been impressed with the blog series, I bought.  So should you.

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Coaching for lawyers

By Julie A. Fleming February 07, 2012 No comment

Quiz: What’s the task that’s on your list over and over, daily or weekly, that makes you groan every time you think about it? Maybe it’s keeping your time, filing expense reports, updating your LinkedIn contacts, or reviewing and paying invoices. Pick the one that nags at you the most, the one that feels like it’s always hanging over your head.

My “oh no, not this again” task is filing. Even in our electronic age, I produce and receive a ton of paper. Most of it gets scanned and then filed online, and accomplishing that is my most dreaded task that feels pointless yet necessary. (Even when I’m able to delegate that to an assistant, the task is still there in some way, since I need to indicate how the filing should be done.)

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Coaching for lawyers

By Julie A. Fleming January 27, 2012 No comment

I’m back in the office this week between two business trips. Last year, I decided to cut back on travel, and I’m now away less than a week each quarter – not counting my annual 3-week vacation. Being in the office more than out has highlighted the importance of staying on task in a few ways.

When I have more time available to be at my desk, I find that it’s easy to get pulled into non-essential busywork. Email is a terrific example. When I’m on the road, I’m ruthless about clearing out my email. I read, act, and delete as quickly as possible. But if I’m not attentive, that pattern slips when I’m in the office. Decisions get delayed (no time to read it now, but I’ll save and read it later… really!) and email piles up.

I’ve also noticed that a long stretch of time in the office increases the risk of scheduling my work around others’ priorities. When traveling, my flexibility is naturally limited. When I’m in the office, my scheduled is less fixed – if I don’t have a client meeting, it’s easy to reschedule blocks of time I’d intended to dedicate to long-term projects.

A friend often reminds me, “the main thing is to keep the main thing the main thing.”And so I ask myself each morning, what’s the main thing for today? Whether I’m in the office or on business travel, asking that question gives me immediate focus.

In this week’s post…“I’m sharing a few favorite quotes about focus. We all talk about it.

What’s your main thing?

Quotations of the Month

“Concentrate all your thoughts upon the work at hand. The sun’s rays do not burn until brought to a focus.”

– Alexander Graham Bell

“An expert is someone who has succeeded in making decisions and judgements simpler through knowing what to pay attention to and what to ignore.”

– Edward de Bono

“Beware lest you lose the substance by grasping at the shadow.”

– Aesop

Coaching for lawyers

By Julie A. Fleming January 13, 2012 No comment

Book Review: Strategy and the Fat Smoker

By: David Maister

As the title of David Maister’s book Strategy and the Fat Smoker suggests, the problem isn’t that we don’t know what to do: it’s that we do know and yet we choose to ignore that knowledge. Maister promises a dose of “real” strategy: “Real strategy lies not in figuring out what to do, but in devising ways to ensure that, compared top others, we actually do more of what everybody knows they should do.” In other words, it’s all about implementation, and that’s the focus of the book.

Organized in sections pertaining to how organizations should think about strategy itself, clients (including marketing and selling), and management, Strategy and the Fat Smoker speaks to those who understand that knowing without doing brings little value. This can be a trap for lawyers, because we like to find the best answer and so we can research and think and plan well past the point of diminished returns. But “best” can sound like “perfect,” and perfect is unattainable.

Maister’s introductory chapters on strategy include several gems, including:

If you truly want to succeed (and many people do not want it badly enough to make it happen) then you must never settle, never give up, never coast, never just accept what is, even if you are currently performing at a high level.

and

[T]he primary outcome of strategic planning should not be analytical insight or smart choices, but a superior resolve to accomplish something.

and

The best way to approach this re-evaluation [of the organization's purpose, mission, vision and values] is to begin with a very small inner circle of top management leaders, who can look each other in the eyes and ask: “Are these really the decision rules we as leaders are prepared to stick with?”

Maister invites readers to plunge in with any chapter, and Chapter 17, titled The Trouble with Lawyers, invites study. Maister’s preface to this chapter indicates that he originally wrote it to explain, “Why lawyers and law firms are different from other professions.” He then notes that others in consulting and the financial services industry identify with the culture and behavior that Maister ascribes to the legal profession, but almost any lawyer who reads this chapter will recognize that Maister is indeed speaking to us.

Maister highlights four problems that prevent “lawyers from effectively functioning in groups:”

• problems with trust;
• difficulties with ideology, values, and principles;
• professional detachment; and
• unusual approaches to decision making (referring to lawyers’ propensity to attack any idea presented to locate and highlight its weaknesses, with the result that “within a short time, most ideas, no matter who initiates them, will be destroyed, dismissed, or postponed for future examination.”)

Having identified and explained these peculiarities, Maister asks why lawyers do so well financially if the profession is riddled with these problems. His answer?

The greatest advantage lawyers have is that they compete only with other lawyers. If everyone else does things equally poorly, and clients and recruits find little variation between firms, even the most egregious behavior will not lead to a competitive disadvantage.

Writing in 2007, Maister suggests that only client pressure is likely to compel firms to begin to act “as firms — delivering seamless service, practice areas that have depth (and not just a collection of individualistic stars), and true, cross-boundary teamwork.” The last few years have demonstrated exactly that client pressure, and some firms have prospered while others have self-destructed. Maister’s books (including the classics The Trusted Advisor and Managing the Professional Service Firm) offer numerous insights into how lawyers and firms may shift with (or even in advance of) client pressure.

Other chapters of Strategy and the Fat Smoker have application to lawyers and firms as well. (See, for example, a chapter on client relationships that asks the key question, Do You Really Want Relationships? and the chapter titled Strategy Means Saying “No”.) The book does an excellent job of delivering its subtitled promise of teaching organizations and individuals to do “what’s obvious but not easy.” It’s readable, practical, and insightful. Buy it, read it, and apply it.

Coaching for lawyers

By Julie A. Fleming January 06, 2012 No comment

I love college football. There’s something about the rivalry, the enthusiasm of players (most of whom have to know they’re playing for the love of the game, not for a shot at the pros), and the strategy that’s great fun to watch.

Football also offers lessons for business development, as I noticed recently. A few of my favorites:

1. Play to win, not to avoid losing. In 2010, Auburn was the #1 team. Cam Newton (and other strong players) graduated, and Auburn’s ranking plummeted. The team suspended one of its strongest players who violated team rules at the tail end of the season. It would be hard to blame Auburn for coming to the Chik-fil-A Bowl against Virginia with a plan to play it safe and to make a strong enough showing NOT to lose, and better luck next year.

Instead, Auburn played full-out, even making the unusual play of an onside kick in the second quarter while leading. (Onside kicks are usually reserved for near-desperation moves late in a game.) That play has been marked as the game’s turning point, but it’s simply one example of Auburn’s “all in” play.

In business development, you may find yourself tempted to play it safe or to avoid making a risky move for fear of failure. Calculated risk that reflects your full commitment will always pay off. Sometimes it will result in a glorious failure first, but playing to win succeeds far more often than playing not to lose.Which are you doing now?

2. Watch your timing. Jittery players get penalized for anticipating the snap, or for delaying the snap and thus the game. Knowing when to take a time-out and how to control the tempo of the game is a key aspect of football strategy. Each play calls for careful timing, in knowing when to hold and release a pass, when to power through opponents and when to run out of bounds, and much more.

Timing is less precise in business development, but it matters. Consider the stereotypical bad networker who hands out business cards reflexively and doesn’t understand why no one calls. Promoting oneself before understanding a potential client’s needs rarely succeeds. (That goes for online and website strategy as well.) Especially if you’re eager or uncomfortable, it’s easy to jump directly into how you can help a potential client. Instead, start by exploring the client’s concerns. In other words, don’t lead with your experience or your skills. Remember, we all want to know what’s in it for me?

By the same token, timing comes into play in knowing when to ask for the business. Too soon, and it may come across as pushy; too late, and you may miss the opportunity.

What’s your rainmaking rhythm? If you don’t have a system or at least markers that guide your steps, you may be missing important aspects of timing.

3. Build a team and treat members with respect. Although we tend to herald individual players in football, it’s the team that wins or loses. And while the stars are usually a key force, the best player ever will be ineffective without the support and help of other team members. A brilliant pass is nothing without a receiver, and no play can succeed without blockers.

That’s true in business as well. Your team may include other firm attorneys and staff; sole practitioners may count business allies and centers of influence as part of the team. However you define your team, know that you cannot succeed alone.

Remember that (depending on your area of practice) your former clients may be one of your most important team members. Happy clients will help your practice expand by referring others and perhaps by bringing you repeat business. Client service matters deeply.

Who’s on your team now, and what positions must you fill to support your business development effort?

Those are just three of the reminders I picked up while watching bowl games this week. For you football fans, think about what else you can learn. How do you respond to “penalties” (setbacks), fair or unfair? How do you handle it when one of your “players” makes a mistake? Who helps you to see the big picture, to better coordinate your efforts? Who pushes you to deliver more than you thought you could? How many “plays” can you run? Do you know which are most effective?

Coaching for lawyers

By Julie A. Fleming December 27, 2011 No comment

What does “great lawyering” mean? To many attorneys, great lawyering means possessing enormous technical expertise, good judgment, and years of experience in which to develop those attributes. That’s what we all seek to develop, and it’s usually what we admire in others.

But what do clients mean? That’s the question that really matters. Approval from colleagues only goes so far toward building a successful practice. If clients hold different views as to what matters, there’s a disconnect in perspective. That disconnect can slowly hollow out the practice, without the satisfied clientele necessary for practice growth – and perhaps without that support necessary even for survival.

James Durham has done the groundwork to discover and summarize what clients want and published the results in one of my all-time favorite books, The Essential Little Book of Great Lawyering. The book is aptly named: at just 52 pages (including the title page, copyright, and table of contents), you’ll need less than an hour to discover the essential skills of great lawyering.

According to Durham’s client interviews, a great lawyer is one who knows the law and has “become a lawyer that people trust above all others, and . . . to whom they turn when they (or people they know) have any kind of problem.” In other words, a great lawyer is one who knows and responds to her client’s needs, desires, and preferences. Durham’s research revealed that 90% of clients say that they like lawyers who are responsive and who really know their client’s business, but they seek even more. Great lawyers also communicate clearly, build relationships with their clients, provide remarkable value, and are loyal to their clients.

The Essential Little Book manages to go beyond those generic words to offer specific examples of what lawyers must do to succeed fully in practice. Durham suggests, for example, that a lawyer must know what his client wants to happen throughout the engagement. I would take that suggestion a step further and offer that a great lawyer would ask what specifically his client wants through the representation. (Examples would include determining how much communication is helpful and in what form, how advice might be presented most usefully, etc.) Nevertheless, Durham’s point is well-taken: great lawyers pay attention to what their clients want and need, perhaps even more than the clients do.

One of the key mistakes I see lawyers make is believing that “being a great lawyer” (as measured by technical expertise) is all that’s necessary to build a successful practice. Durham addresses this same problem and offers that being a great lawyer (as defined by clients) is the foundation of a successful practice. I couldn’t agree more.

The Essential Little Book should be required reading for lawyers. Before the end of the year, set aside an hour to read the book. (If you’ve read the book before, read it again. This is one of those books that meets you wherever you are in your practice.) Take another half-hour to set some goals to implement what you learn. You’ll build a much stronger practice as a result.

Coaching for lawyers

By Julie A. Fleming December 16, 2011 No comment

I’m on a rant.

Last week, I spoke with a potential client who shared that his practice has been shrinking in the last few years. We discussed his obstacles and his opportunities, and there’s quite a bit he can leverage. The problem became apparent, though, when I asked what he’s tried. One brief example of the problem: he’s tried to networking using LinkedIn, Facebook, Twitter, and he’s now shifted to Google+.

But he doesn’t really use any of the platforms. He’ll start with one, then the next becomes the latest and greatest and so he shifts, but a new latest and greatest pops up, so he shifts to that one. And it isn’t social media: he’s jumping around with face-to-face networking groups and even types of activity, always believing that his jump will get him to something easier and more effective.

But here’s the truth: Chasing the silver bullet, in social media or anywhere else, will undermine your rainmaking efforts and trash your confidence.

Innovations will come up over and over. Some will be complete game-changers (the advent of the Internet and websites), many will be a quick flash and then gone (SixDegrees.com), and some will be slow-growers that prove useful over the long-term (LinkedIn, apparently). Jumping to the hottest new thing will leave you tired and frustrated. But you can’t overlook all the great new stuff that’s coming out. What to do?

When you spot the next new thing, here’s what you must consider before jumping in.

Is this really new? Is there some advantage in being an early adopter?

If not, what spot does it fill? For example, Google+ fills a social media activity spot, and more broadly, it’s a type of networking. Are you already active in that spot?

Are you consistently doing all of the activity that you’ve planned to do as a part of your business development approach?

If your answer to question 3 is no, STOP. Absent a compelling reason, you’re chasing a silver bullet that’s just as likely to be made of tinfoil. Stick a toe in if you answer both parts of question 1 with yes OR if your answer to question 2 is no, but don’t go deep unless the new thing fits into your fully implemented plan.

For example, I’ve advised my clients to create a Google+ profile even though they’re already active on LinkedIn because there’s an advantage in being an early adopter in a Google-sponsored social media platform that’s hit a tipping point. I have not advised them to be active because, in most cases, there’s more work to be done on their business development plan. They’re just sticking a toe in. Get the easy benefit (and add a +1 to your website and blog, for extra “dipping” benefit) but concentrate on what’s proven to work well.

Back to the potential client I mentioned. When we talked about his taking on new activity, he was clear that he’s of a “newer is better” mindset. He was unwilling to take my suggestion of focusing in on a handful of proven approaches, and so I was unwilling to take him on as a client. I hope he’ll prosper and prove me wrong. Unfortunately, my hunch is that he’ll conclude at some point that business development just won’t work for him. And that’s the worst outcome of all. Don’t make his mistake.

Coaching for lawyers

By Julie A. Fleming December 09, 2011 No comment

Time is speeding up. I never quite understood the theory of relativity on a visceral level until I thought about it with reference to time a few years ago. Here we are at the end of 2011, and yet it feels like the year has hardly begun.

I’ve been working on my 2012 goals – how about you? (Hint: if you haven’t, you’d better get moving!) I’m using a new tool this year to help me get clear on what I most want to accomplish after seeing a broad field of possibility: SimpleMind. Many options exist for computer-assisted mindmapping, but I like SimpleMind because it’s inexpensive, free for the iPhone, and it allows for level-based coloring and for branches that extend in any direction you’d like. It’s great for viewing options and setting goals, and it also helped me to put together a complicated program proposal in record time.

I don’t encourage failure… Mostly. As I suggested last week, it’s helpful to assess and mitigate the risks of failure when you’re stepping out with a new activity. There’s no glory in the “ready, fire, aim” approach when you have the time and the ability to do some (but not too much) preparatory work that increases the odds of success.

BUT.

If you’re not failing despite doing some prep work, you’re probably not taking big enough steps. Please, don’t fail because of laziness, intellectual or otherwise. But recognize that if everything is going so swimmingly that you’re not failing at all, you’re leaving something on the table.

As I wrote last week, you cannot succeed unless you’re willing to fail. Be willing to take a risk. The more you do, the higher the risk of failure – and the higher the chances of success.

This video (which happens to be an advertisement for Nike) brings it all home. Take 31 seconds to watch. Yes, now.

By nature and by nurture, we’ve been trained to avoid taking risks. Sure, it’s safer to do only what you know will work (even though sometimes you’ll be wrong about that, too, especially where people are concerned) but you’ll also miss a lot of opportunity.

An example for your consideration. Referrals and introductions often come by email – “Bob, meet Susan, I think she may be able to help with your blah blah blah question.” If you’re Susan, an email is the safe response to that introduction. But a telephone call is often a more engaging and helpful response. There’s risk involved: what if Bob doesn’t want the introduction or the help? What if Bob is too busy and a call is an interruption? That’s a risk I’d suggest you take almost every single time. Sometimes you’ll fail, but (if you handle the calls well) the successes will outweigh the failures.

So, this week, ask yourself where you’re stopping yourself because you might fail even if you prepare as well as you can. Specifically with business development and client service, what might you do differently if you were willing to fail?

Don’t aim to fail. Do take some risks and accept that you may fail before you succeed.

Coaching for lawyers