Lawyer training

A masterclass exploring the critical factors involved in successful marketing training for lawyers, and the personal skills that are fundamental in generating new client work. By Byron Sabol

When marketing training for lawyers first came on the scene some 25 years ago, a certain amount of trial and error dominated training agendas. A void existed in the knowledge base that could be applied to training formats. Which lessons learnt about law-firm-marketing training during the past 25 years can best serve the interests of lawyers and firm management today? This article identifies seven critical factors of successful training for lawyers, while outlining training skills for junior lawyers and partners.

Success in this area can be distilled into three fundamentals:

Skills – whether the lawyers know how to do the things required to generate new client work. Marketing-skills training is crucial here;
Strategy – whether the lawyers know what to do to sustain a practice;
Follow through – whether the lawyers are actually implementing actions to build and sustain a viable practice.

1. Not all lawyers need training
Senior lawyers with a solid clientele of stimulating work, and who are compensated satisfactorily, are highly unlikely to welcome instruction on how to market legal services. Some firms initially offer marketing training to those partners interested in participating. Others focus on training associates, in the knowledge that younger lawyers have a greater need for training. Marketing management should aim training programmes at a critical mass of lawyers who need – and want – it.

2. Will new skills be used?
Some lawyers who have completed training will apply some of the skills they have learnt, some will not, and none will apply all of them.

The training programme needs to answer three important questions in the minds of most lawyers: ‘What’s in it for me’; ‘What’s in it for my clients?’; and, ‘What’s in it for the firm?’.

3. Use existing strengths
Lawyers who are good at marketing should be a part of the training agenda, and can add substantial value to the entire programme. Who better can explain action steps for successful client generation than lawyers with marketing credibility? Lessons can be learnt.

4. Look outwards
Effective training must focus on client needs and interests. Marketing is not merely about the lawyer or the firm. Marketing training must provide skills, such as knowing how to qualify prospects and how to identify new service opportunities from existing clients. The more lawyers understand about thinking
in terms of client needs and interests, the more successful they will be in generating new work.

5. The ‘call reluctance’ issue
Most lawyers (and professionals in other sectors) suffer from ‘call reluctance’ to some degree. The hesitation to initiate first contact with prospective clients on a consistent basis is often responsible, more than any other factor, for the failure of lawyers to build a rewarding practice. Effective training of both younger and more senior lawyers must address this subject.

6. The follow through
This is fundamental within any training initiative. While an argument can be made for compensating lawyers who market as an incentive to follow through, my experience tells me otherwise. I have never heard a lawyer, who was successful at marketing, communicate that he or she would not take the necessary action steps unless they were paid to do so. Lawyers who generate clients know it is in their best interests to do so.

7. Make time to market
For most lawyers ‘not having time to market’ is a common excuse, but it is never a legitimate reason not to do so. Why are those lawyers that are busiest with client work also the best at generating new business? One of the reasons, I believe, is that they apply the highest amount – and most effective use – of client-development time. Peter Drucker, the late management guru, pointed out that one of management’s biggest responsibilities is to figure out what is not working and stop doing it. Too many lawyers invest a substantial amount of well-intended time, energy and firm resources in activities they like to do, rather than in action needed to generate new work. Training should provide lawyers with skills for moving from ‘comfort zone’ activities to action that has a greater chance of producing new work.

Skills for associate and junior lawyers
While the marketing-training needs of each young lawyer may be unique, there are skill sets that are beneficial to most juniors. Being known and developing quality networks are primary client-development goals for young lawyers.

Be known for something
Knowledge is the key that unlocks the door to the board room, and exceptional client service helps young lawyers find that key. Excellent technical skills are vital, but they seldom create an opportunity for junior lawyers to distinguish themselves in the marketplace because most high-profile work is conducted at the partner level. Associate lawyers can become known for continually increasing the quality of service they provide to clients. Young lawyers can become known for service that consistently exceeds client expectations by obtaining client feedback on the following service issues:

The lawyer’s technical ability and judgment;
Interest and attention the lawyer provides to clients;
Responsiveness of the lawyer to client needs and interests;
Trust and confidence the client has in the lawyer;
Value of the services rendered, against fees paid.

Raising the profile
Raising one’s profile within specific market segments is vital for young lawyers. This will include industries that have a requirement for the legal services the lawyer is capable of providing, and in which the lawyer is interested in serving. Proven profile raisers include:

Active participation in one or more professional organisations in which the lawyer has an emotional connection. An emotional connection normally stimulates active participation rather than passive membership;
Create and use a mailing roster of clients, prospects, and contacts from high school, university, law school, church and related organisations. Client and prospects should be sent information the lawyer believes to be of value to their business interests;
Writing articles for periodicals within industries the lawyers want to serve. When an article is published, a reprint mailing should be sent to certain members of the lawyer’s contacts.

Quality network
An overriding goal of effective training is to prepare lawyers to conduct meaningful face-to-face dialogue with qualified prospects and existing clients. Since most face-to-face contact with existing clients is generated by partners, associate lawyers should focus on building a sustainable practice among non-clients, by developing a quality network. Young lawyers should keep the following in mind: ‘Show me your friends and I will show you your future life. Show me your network and I will show you your future career’. Skills for developing a quality network include knowing how to conduct a conversation with non-clients to gain rapport and trust. This is best achieved by demonstrating an interest in the person before any business discussion. Once rapport is established, dialogue should move to business enquiry, using open-ended questions to encourage discussion of specific issues. The training agenda should include the questioning experience of one or more partners who have been successful in originating new clients. The objective is to learn meaningful information that will identify a need for services, which either the young lawyer can provide or someone else within the firm can satisfy.

Skills for senior associates and partners
Lawyers need to know how to conduct meaningful legal prospect interviews. Training that includes the following will prepare senior associates and partners to generate new business.

Getting out from behind the desk
Too many lawyers consistently fail to look beyond their ‘mental desk’ by ignoring opportunities that are presented to them. Quality training educates lawyers to approach every client or prospect contact as a viable marketing opportunity. At the completion of most matters, a short phone call to thank the client for their work can go a long way in developing a productive referral network. Staying
in touch with clients for whom the lawyer has not recently worked is another important step in gaining
new clients.

Be inquisitive
Anyone who has used a lawyer or firm has an opinion of that experience. Training should educate lawyers to ask questions, such as ‘Have you used the services of a lawyer?’ or ‘Can you share with me your thoughts on what worked well and what may not have worked to your satisfaction in your relationship with that lawyer?’. Answers to these will identify ways for lawyers to distinguish themselves from the competition.

Creating an opportunity to meet
A valid business reason enables the client to decide, ‘Why should I spend time with you?’. When lawyers can answer this question, the barrier between client prospect and lawyer is eliminated. Preparation for meetings should include researching the client, their industry sector, and requirement for legal services. You should also look at specific meeting objectives and questions to put to the client.

By meeting face-to-face, the lawyer is demonstrating interest in the client, while increasing his knowledge of their business. The meeting is not an opportunity to sell. Instead, it should bring value to the relationship.

Asking for business
There is no manipulation involved when asking for business in a dignified manner. By applying skills that demonstrate a sincere interest in the individual or company, first and then communicaitng interest in the actual business, opportunities to assist
qualified prospects will surface.

Capabilities presentations
Senior lawyers should seek opportunities to make capabilities presentations to existing clients and qualified prospects. Presentations can be formal or informal – for example, an organised discussion over coffee. As the partner increases their knowledge of the client and exchanges information with lawyers serving the client, opportunities to make presentations increase.

Partners can learn valuable information both from prospects who become clients, and those who select other lawyers to do their work. Knowing the criteria clients used to retain or not to retain the law firm is the responsibility of the partner seeking the new work

Recognising critical factors to marketing success and applying the above skills should always produce
one very important result for lawyers: more business.

Byron Sabol is chief executive officer at consultancy Sabol International. He can be contacted at byron@byronsabol.com.