How to Get Good Cases for YOU

It was easy to list "27 things" you could do to get any kind of legal business. I could list 27 more, if I thought it would benefit anyone. A more challenging list is the things to do AFTER you figure out your "calling". After actually THINKING about what your successful practice would look and feel like.

After getting uninhibited in a most quiet way. Not knowing what the plan is, yet. And not caring. Spending the time and effort BEFORE making the actual plans, so that if the plans work, you will really have something.

Most lawyers starting a practice think....."I want to get my practice started". And you know what? They all succeed.....they get a practice started. And then the stated goal is often, "I want to keep it going and do better". And some effort is made towards that meekly stated goal, and what is achieved is exactly what was stated.

What a luxury, what a blessing it is, to be able to re-invent. To start out with an open slate, to think of what you really want for yourself, and take steps in THAT direction.

Recently a client suggested that I work with "less Zen, more alligator". The case called for "fox", so we compromised on a "Zen-fox-alligator" continuum as a long term strategy for the case.

For one starting in practice, or growing a practice, I hope I've showed where the Zen up front is needed. Now here's some serious "fox"..... 9 solid things to get good cases for YOU:

1. Prepare a direct mail campaign to a targeted list of attorneys. For my money, in law practice, nothing gives you better conversion value (advertising that turns into actual paying business) than direct mail. Some work DOES go into this, but that's one reason it works. What is a "targeted" list? These are attorneys and law firms who are in a position to make referrals for what YOU do. That's why you have to know what you want. So you have something, so you can be one who really knows, so you can be enthusiastic, and so you can send that letter making yourself known for what YOU DO. Who do you target? This takes some thinking, but don't let thinking stop you....THINK!!! Some things just go together. When I started my Queens per diem practice, I targeted attorneys who had cases coming up in Queens.

I knew someone who really knew how to do "wrongful death compromises", a very specific matter in Surrogates Court, which happens at the conclusion of a wrongful death case. Personal injury firms hate doing them because it's a lot of work, not really what they do, and it is needed to finish a case and get paid. She targeted personal injury firms with a great mailing, and became well known as the expert in this type of case.

What else would go together? Almost any specialized legal service is sought by general practitioners. Know what they want? For you to really know your stuff, do a great job, and pay them a referral fee in accordance with ethical rules. There, I said it, THEY WANT TO BE PAID, because general practice is really difficult, and referral fees are very important. Oh, and they don't want you to steal their clients, which you won't do because you do what you do, and they can have all the rest. I received a great mailing from a lawyer who specializes in real estate litigation, particularly "partition actions". His mailing arrived when I had just consulted with someone about such a situation, and if you've ever done one, they are nasty, but sometimes the only way to go. When I spoke with him I knew right away that he LOVED partition cases. I'm not sure why, but I could tell he did. I could also tell he couldn't wait to have my client retain him so HE could start working and pay me. I kept hoping I would get more partition calls so I could refer them to him.

A few more good potential matches for a targeted mailing.

Landlord firms by collection firms.
Plaintiff PI firms by comp or disability firms.
Elder law firms by estate administration firms
matrimonial lawyers by tax, or estate planning lawyers
immigration lawyers by any other specialty.
real estate transaction lawyers by real estate litigators

the combos are endless.....if you THINK for YOU.

What goes in the mailing? Two things, sometimes three.

First, the best letter possible. The one which is reviewed and edited and rewritten until it's perfect. The one that describes what you do, why you do it, and when and why they should call you. It can fit on one page, and it will be great. Put some work into it and email it to me, we'll optimize it.

Second - a specialized rolodex card, with your specialty on the flap. I know, rolodex cards are "old school", but here's my thinking. If you send a business card, people generally extract the information and put it in their "system". If they are interested, they'll do this with a rolodex card too, and if they have a rolodex (and many do) it will be filed under your specialty, so they don't have to remember your name, they will find you when they are looking for what YOU do.....which is way better. How do you like THIS rolodex card?


It's in Rolodexes in about 2000 law offices, filed under "Queens".

The third thing you can include in the mailing is a fee schedule, but only where appropriate.

We may end up with Zen, fox AND alligator.

Tomorrow.....item 2, creating a quality website.

Good Cases for YOU....and 27 Ways to Get All Kinds of New Legal Business

Roll up your sleeves, pull up a chair, pay homage to your personal muse, or do whatever you do when you embark on something new and important......Today is a two for one day. First, we will get started on How to Get Good Cases for YOU. Today will be part 1 of that. I may wax a little philosophical with this, I may go for some "zen in the law". Don't be intimidated. Don't dismiss this part and think....."I'll wait for the REAL stuff". I will tell you how to actually get the good cases for YOU, but I want you on my team first. Oh, and please don't skip to the bottom for the "27 Ways", which are not there to get the good cases for YOU. Those are there to show you how easy it is to "get business". I don't want your goal to be "getting business", I want you to know you CAN do that, it's easy. I want you to tackle the more challenging.....Getting Good Business for YOU.

Why am I capitalizing YOU? Because I wish somebody would have pointed out to ME that this was a better way to approach law practice than "27 ways". First, you have permission to envision. Envision your practice as successful. What kinds of cases are you working on? How much money are you making? Where are you being quoted? Who are your clients? Who is working for you? What kinds of cases are you turning down? Where are you going on vacation?

Hmmm, another hokey goal setting talk? Well, do you want to be successful? Or are you "hoping" to be successful. Which is more likely to actually have you DO real things towards that end? In the limited time we all have, the decisions we make each hour, each day, over how to use our time are directly controlled by how strongly we envision.


I capitalize YOU because I want you to permit yourself to envision a successful law practice, in detail. Why? Because I want you to take the steps to make it happen, and this will involve making certain decisions and acting on them. For YOU, nobody else. And to do this you have to value YOU. It's sort of a private thing. I'll respect your privacy. Have the conversations with yourself if necessary. Have them with someone you trust. Have them with me if you wish, I'll keep it confidential. The thing is, do not fear exploring what YOU want.


Phew, this is getting heavy. I will talk more about it tomorrow, and we will look at specific decisions that will move us toward our visions.



That got me a little tired, so to take a break, and for a goof........I give you 27 Ways to Get All Kinds of Legal Business......



1. Mail announcements to an expansive list of friends, relatives and acquaintances.

2. Join the referral panel of every local bar association.

3. Sign up for the 18-B panel (court appointed misdemeanor cases)

4. Take the seminars for Court Evaluator, Referee, and Guardian ad Litem appointments.

5. Work part-time as an Administrative Law Judge. At the very least you will get good blog material by doing this http://nylaw2law.blogspot.com/search/label/ALJ%20at%20PVB

6. Make yourself known to local real estate brokers.

7. Get to know various accountants, and refer them clients. Trust me, they will refer you business.

8. Refer clients to all kinds of professionals and tradespeople, and follow up.

9. Answer ads in the Law Journal for part-time and project work.

10. Place ads in the Law Journal offering specific services.

11. Sign up with lawyer temp agencies.

12. Place ads in local newspapers.

13. Place ads in out of State Bar journals, especially nearby States. I hit a few home runs with this one.

14. Let other lawyers know you are available in "conflict situations".....Quik story.....a month into my practice, a lawyer in my suite asked me to represent the other side of a business transaction. His client had a "drapery and upholstery" business. My client was the "upholsterer" and was buying that part of the business. When I looked at the contract it seemed kind of unfair. My new client said what foreign born clients always say "What do you think Mr. Barry?" I said the contract seemed kind of unfair, and he said "I think that too, but I want to buy the business, can you fix it?" So I negotiated a better deal, and the referring lawyer was kind of mad at me. At the closing he whispered to me, "Your client will never cut it, he'll pay some of the notes and go out of business" Three years later, after he paid the notes, I was his lawyer when he bought the drapery business too.

15. Do per diem work (court assignments for other attorneys). People make a living just doing THIS.

16. Do a pro-bono case because you want to. It's just good karma, and invariably the client refers you other paying clients.

17. Be accommodating to people who approach you in court. I'm amazed when lawyers blow off people who approach them in court. One more quik story - I was once coming out of Housing Court when an old lady approached me and said "Mister, is this where I make a case against my Landlord?" Rather than just say "yeah", I said "What kind of case?". She said, "I fell down the steps because he doesn't clean the garbage, and I broke my arm." I said, "This is Housing Court, but it's more for rent problems, your case would be in a different court, and you would need a lawyer for a case like that." "Are you a lawyer?"......Bottom line, case was settled for $30,000. Be nice to people who approach you in Court.

18. Be especially alert in Court's where clients tend to approach you. If you are already in Criminal Court, or Housing, or Family, or Small Claims, potential clients will approach. Be prepared.

19. Participate in things you enjoy, having nothing to do with law. Notice I don't say...."go to bar association meetings, or chamber of commerce, or political clubs". Those are full of lawyers. I played softball with a bunch of guys from Felicia's cousin's lodge in Brooklyn, where nobody was a lawyer, or even knew a lawyer. I did not join the team to get business, I wanted to play ball and be friendly with cousin Al, which I did. I also got all kinds of new business. As an aside, our catcher was in "funeral director school". If his beeper went off during the game, we all took our hats off.

20. Pay attention to "ethnic community leaders".....and not necessarily your own ethnic community. What I mean is, if you happen to get a client from a close-knit ethnic community, and the client is somewhat educated, chances are people will trust his referrals. Those referrals will come to you, IF you are paying attention.

21. Pay attention to how you answer the question "what do you do?". If you do a lot of things, don't say "general practice". Size the questioner up, and take an educated guess at what the most appropriate response would be.

22. Accept credit cards. Many lawyers don't, there are times when you being one who does, gets the business.

23. Participate in a pre-paid legal plan. I met some of the worst clients ever by doing this, but hey, you WILL get business.

24. Teach a paralegal class. I did this, it was fun. I hired the smartest student in the class, who was one of the best clerks I ever had. She worked for me while in law school, and she has been a successful attorney for many years. I also got a few small cases from other students.

25. Take speaking engagements......anywhere. I always got new business after speaking at senior centers or the library. You make a call or two with a suggested topic, and you are in.

26. If you are in a law suite, or a building with a lot of lawyers, introduce yourself to every lawyer and tell them you are available for per diem work, or referrals of cases.

27. Be yourself. It's not as stressful as the alternatives.


Tomorrow....back to good business for YOU.

Let's Get Some (Good) Business

Yesterday I set forth the basic premise that any business involves 3 steps....getting the business, doing the work, and dealing with finances. I promised that today we would "get us some business".

Where does new law business come from? I can (and will) give you at least 27 places it comes from, but first I want to ask a better question. Where does GOOD law business come from and how can you make it come to YOU? Isn't it worth asking, what would be the best type of new business for YOU?

For those who are cost conscious, there's something nice about asking what YOUR good business would be. The nice thing is asking this question "doesn't cost nuthin'".......'cept maybe some time and some thought. Which leads to a "new business tip"

TIP: If you are not willing to spend some time and thought on what kind of cases you want in your new business......keep sending out those resumes till you get a job.....opening a practice is not for you. Does that seem a bit harsh? Let me assure you of something.....I promise you can get plenty of law business, plenty of new clients and new cases....it's really easy. But if you load up your plate with bad business you will have big problems doing the work, and bigger problems with your finances. And when that happens, you will also not spend QUALITY time getting new good business. You will be in that vicious cycle of "crappy cases, tons of work, small money.....crappy cases, tons of work, small money". This is called "typical general practice". And, uh, I didn't read about this in a book!

My point is, things might end up this way, it is a way to live, and a living can be made, BUT....
this is not the only way to go about it. A little forethought could have you marketing for GOOD cases and get you on the way to a successful, rewarding practice, for much more money.

What do I mean by GOOD cases for YOU? Here are a few characteristics:

1. You either know the area of law really well, or are willing to learn it. Put another way, you have a passion for it, or could acquire passion.
2. You could see yourself referring to yourself as a ".......... lawyer" and be proud of it.
3. You enjoy talking about this type of case, hearing about this type of case, and reading about this type of case.
4. You could see yourself writing a letter to other lawyers suggesting they refer you this type of case, and see yourself as being respected by other lawyers for your knowledge of this type of case, and that thought feels good. If you could not see doing this now, you would want to know enough to be able to do it in the future. (which in fact you WILL do)

Tomorrow....how to get GOOD cases for YOU, and

27 ways to get all kinds of new law business (because no matter what I say about marketing for GOOD business for YOU....people still want 27 ways to get all kinds of new law business). I will tell you at least 27 basic ways to get new law business, even though, it will be like when I walk Dovie and he pees on a fire hydrant, and I have to say to him "That's old school". He always looks at me as if to say, "Yeah, but I still like to do it sometimes".....so 27 ways it will be, old school or not.

Hasta mañana.

Law Practice (and other business) Fundamentals

Due to deep seated psychological reasons, which years of therapy have not remotely approached addressing, I have always had it in my mind that I could not draw, paint, or do anything remotely "artistic". It's got something to do with my mother being an artist, and worrying too much about what other people would think about my artistic efforts. And yes, Dr. Freud, I know I married an artist, just to keep you amused.

However......once, in preparation for giving a talk on "Building a Law Practice", I made a little illustration. This is the only known work of its kind, created by my very hand.....

If I do not explain the meaning of this relic, I fear it may be later discovered and subject to mis-interpretation. The drawing is called "Law Practice Fundamentals". A law practice, or ANY business, is based on THREE basic things:

1. Getting the business.

2. Doing the work.

3. Managing the finances.

If a law practice (or ANY business) is having "problems", the source is often one (sometimes more than one) of these issues. GM is screwed on all three, and in my view, their Chapter 11 filing is inevitable, but that's another post. Most new law practices are initially challenged with Item #1. I maintain this is easily overcome, and will then present the challenges of #'s 2&3.

Maybe this approach is overly simplistic, but breaking it down to these basics gives you a place to start. It also takes what can appear to be a broad question (How do I start or improve a law practice?), and targets areas for further concentration.

Tomorrow, let's get us some business.....

Thinking About Google Searches

In prior posts I have talked about the importance of showing up on page one of relevant Google searches. The idea is to determine how your prospective clients will search, and having your site be google-friendly to that search.

I suspect that when most people do a google search, they realize it's all about hitting the right key words. If you do a lot of google searches yourself, you know that if your search is too broad you get too many irrelevant sites. Conversely, if it's too specific, you may get nothing. When you are the search-ee, you want to be found by as many search parameters as possible.

Some search terms are very broad, but you still need them. For example, the term "lawyer" by itself is way too broad by itself. For fun, I googled "lawyer", here's the result
http://www.google.com/search?sourceid=navclient&ie=UTF-8&rlz=1T4SUNA_en___US210&q=lawyer
Look over page one, it's interesting.

You probably won't be found with that search, although the presence of lawyers.com and findlaw.com on that first page, may get some clients your way, if the client enters those sites and you are listed.

A search term that narrows a search, which a lot of people use, is geography. Here's the google result for "lawyers new york"
http://www.google.com/search?hl=en&rlz=1T4SUNA_en___US210&q=lawyers+new+york&btnG=Search
Also interesting. I note that Andrew Bluestone's blog about attorney malpractice cases made it on page 1. Findlaw.com is on this first page, lawyers.com is not.

Let's narrow the geography further with "lawyers queens new york"
http://www.google.com/search?q=lawyers+queens+new+york&hl=en&rlz=1T4SUNA_en___US210&start=0&sa=N
Hey, I know some of these guys!! I'm not showing on this page, but I'm OK with that, I've been narrowing my practice areas. I notice Gross & Levin are on page 1....I know them and like them and respect their work. Looking at their site, I see it's a Findlaw site, and showing on page one of a google search like this, I'd say they got good value.

A little more narrow, on topic and geography, I'll google "queens new york probate lawyer"
http://www.google.com/search?hl=en&rlz=1T4SUNA_en___US210&q=queens+new+york+probate+lawyer&btnG=Search
Uh-huh, there's my Findlaw dollars in action.


A few related points.

I am not a computer expert, and you don't have to be an expert to be effective at internet marketing. The main thing to do is THINK about what kind of clients you want and how they would seach the internet for an attorney. You can then do those searches and see who is coming up and what they are doing. Search a lot, play around with it, you'll be surprised who you see and what you'll learn.

It's true that Lawyers.com and Findlaw.com, who market pretty aggressively to lawyers, cost some money. Used effectively, they can really pay dividends. If you do something that is not the usual, you can make your own site pretty easily and its a narrow enough area, you'll show up high on google searches.....and it costs zero. I did a home-made website for my court appearance business (OK - Felicia did it). It gives basic information about what we do, how we charge, etc. Here's what a search for "Queens per diem court appearances" gets...
http://www.google.com/search?hl=en&rlz=1T4SUNA_en___US210&q=queens+per+diem+court+appearances
Not only is my wecoverqueens.com showing first on page one, my blog stuff about per diem is showing too. I don't pay extra to have it show that way....it just does.

I am fascinated by internet marketing for lawyers. If any of my readers wants to discuss a lawyer internet marketing question with me, please email me.

Googling for Lawyers

Some lawyers have websites. The ones who don't are thinking about it. Sometimes what they are thinking is "If I have a website, how will anyone find it?".

It's important to realize that most people will find your site through a search engine. Google is the biggest of these, though people also use Yahoo, MSM and others. The idea is the same....a person is interested in something, they type in a search, and the search engine posts links to thousands of websites. If you have a website, you want it to be found by the search engines, and more importantly, you want your site to come up on the first page of a relevant search.

What do you like to do most? What kinds of new cases do you want? What would be the best of the best? Can you describe it? If someone (a new client) was doing a google search for it, WHAT WOULD THEY TYPE IN?

There might be some combinations of words, so here's an earth-shattering suggestion......Write down all the searches you can think of for YOUR perfect new cases, and google them....ALL of them. After all, it's free. You will see some VERY interesting things when you do this. You will see many other lawyer websites showing up on page 1 of the google search. Look at their sites!!! Doesn't cost nuthin'. Notice also the "sponsored links" on Google. These are sites that are paying extra to be on page 1. You don't have to pay, but it's worth knowing about. Notice also that many of the page 1 listings are attorney listings of lawyers.com.

Here's another lawyer/googling thing worth knowing. The two big players in the lawyer/internet/advertising game are lawyers.com (owned by Martindale-Hubbell) and Findlaw (owned by Westlaw). Many of us have been approached by these two, offering various paid packages. There is some value there, but in my view the main value they offer is your listing (within their site) showing up on page 1 of the google search.

If you are thinking of listing with one of them, THIS is the main value you get. I suppose there are potential clients who go into lawyers.com and start looking around and will find you. However, more often they will do a Google search and find your lawyers.com listing. Oh, and you WILL get calls and email inquiries from it. When you do, you will want more, and you will try to enhance the way you are found.

Can you think like a potential client? The one who is going to find YOU? For the cases you really want? (Oh yeah, it's VERY important to think about what you really want)

Tomorrow, we run some sample searches......

Google Me This

Whoever said "the best things in life are free" may have been talking about Google. You have to respect a company whose name is now commonly used as a verb. I "google" things every day. I try to pay attention to questions great and trivial, and if I have any interest in knowing more, I google.

Yesterday the Steve Miller song "The Joker" was playing. For the 1000th time I wondered what the "Pompatus of Love" was......so I googled it. Here is one of the answers http://www.straightdope.com/classics/a4_065.html

You want song lyrics? Here's The Turtles "Happy Together" http://www.oldielyrics.com/lyrics/the_turtles/happy_together.html

Want to know how to get gum out of hair? http://www.ehow.com/tips_2591.html

I keep track of questions that arise during the day, so I can google them later.

Why am I blogging about this? Two reasons:

1. It's fun. If you don't already do this, try it and see what I mean.
2. If you ever thought about marketing in your business or profession, (and I think about this a lot in the lawyering biz)......you must think about how people will use Google to find you. I am particularly interested in how people use google to find lawyers.

More on this tomorrow....

19 Quick Business Tips and Ideas

Here is a quick list of tips and ideas that can help a practice. I will not elaborate in this post, I'm just going to list them and post further on some of these later. Most of these are pretty self-explanatory, and hopefully will inspire some action.....

1. Let other lawyers know you are available in "conflict of interest" situations.
2. If you want to see how other lawyers market, do some web-surfing and look at lawyer sites, especially your "competitors".
3. Make sure your office staff and family members know what kind of cases you would like to have referred.
4. Open a "case file" for marketing.
5. Spruce up your printed material, consider specialized roladex cards (I did really well with this one).
6. Pay special attention to "ethnic community leaders".
7. Answer classified ads in the law journal for special situations.
8. Establish a relationship with an older lawyer thinking about retirement.
9. Get rid of bad situations fast and effectively.
10.Find out how to get court appointments on Civil matters.
11. Have a budget for marketing, and spend the time to spend the money effectively.
12. Consider a direct mail campaign to other attorneys.
13. Consider taking payment by credit card. Its VERY easy to do.
14. Refine your intake procedures.
15. Thank your referral sources appropriately.
16. Think about how you answer THE question "What do you do?"
17. Return calls the same day. Consider telephone appointments.
18. Refer business to other professionals and businesses.
19. Pursue interests you enjoy, having nothing to do with law. Not only is this crucial for mental health and happiness, but you get more quality business from this than all the others combined. Hard to fathom, but TRUE.

Location Location Location

Of course its true in real estate, and its true for the venue of our cases and clients. When you make that big decision to take a matter or not, you must consider the venue, not just of the case itself, but of the clients and other players.

Where I am in Queens County, New York, there are 8 counties in reasonable proximity to my office (5 boros of NYC, and Nassau, Suffolk & Westchester Counties). When a new matter is being discussed, I've learned to consider WHERE will the action take place. If there is litigation involved, we all think of this from the outset.....as a plaintiff where will I venue the case, as a potential defendant, where will plaintiff venue it, and why.

I think of non-litigation matters as having a "venue" too. Will there be meetings with clients and counsel? WHERE will they be? Here's a reality, if I have to attend meetings in Brooklyn or Manhattan during the day, add two hours. If its not the kind of case or client where you KNOW you are truly compensated for your time (and be HONEST with yourself), factor this in when deciding whether to get involved. This is primarily why I have stopped taking real estate closings on a flat fee basis (aside from all the other reasons, more on this tomorrow.....)

Is it the kind of client who will need to be in your office more than once during the matter? If they have to commute an hour each time, how long will it be till they resent that?

On litigated matters, will your adversary have "home court advantage"? Don't overlook this, and its not just because they know the Judges and Clerks and customs of the home court. A simple status conference with the court, where your adversary is there anyway because ALL his cases are there, is a big waste for you. You may be better off paying a "per diem" lawyer to go, but do you prefer that?

How much more confident do you feel when you are in YOUR home court. I know that the case is still the case, and I think they invariably turn out the way they should, BUT we are talking now about BUSINESS, and profits, and convenience, and lifestyle. I will often decide to refer a case to "local counsel", even if its in Manhattan or Brooklyn or Nassau counties (all contiguous to Queens and all close by), for business reasons. I also have cases referred TO me because of my Queens presence.

Bottom line, venue, venue venue.

Expanding Your Network

Expanding your database of attorneys should be a constant, ongoing process, and you should always recognize its importance. I like to maintain an actual computerized database, so I can do searches, BUT a rolodex and a brain can suffice for this purpose. The quality of your referrals will depend on the quality of this database. If you have one, make it better, if you don't have one to speak of, start one. It takes very little effort, and pays dividends almost immediately.

I have a few tips on building the database:

1. Be a card COLLECTOR, more than a card giver. We all go to functions, lawyer functions, meetings, family events, parties. The tendency for many lawyers is to "look for business", and give out cards. Of course you should seize opportunites to give your card and try to make connections, but the real opportunites at functions is expanding your database and collecting cards. Want to make a real connection with a fellow attorney who you have just met? Ask what they do, ask them questions about it, and ask them this question "What kind of cases should I refer you?" When you get their card, make notes on it (discreetly, after they walk away, we don't want to be wierdo stalkers here).

2. Make updates and corrections promptly. We all get notices of new offices and affiliations....update your database, you want it to be accurate when you need it.

3. If you know lawyers who seem to know a lot of lawyers, do not hesitate to call and ask them for referrals......So many times I have called lawyers like this and said "Who do you like for a ______case in ______County". I always assure the attorney that I will tell the specialist where the lead came from......this type of thing is OUR currency. It should be obtained with passion, and circulated, not saved.

Incidentally, I referred to cases being in _____ County. I am always interested in the location and venue of a potential case and the various players.....more on this tomorrow.....

Making Great Referrals

Let's examine what happens when you make a great referral:

1. You have provided your client great legal services. By YOUR knowledge of the clients legal issues, and contacts in the legal community, you got them to the right lawyer. You also probably gave the client some real advice, AND you got the new lawyer started right, by narrowing the issues. You would have (probably....maybe) done a credible job with the case....your specialist referral will do it better, and we all know it.

2. Referral/participation fees. You make money the old fashioned way. When you make money and someone else is doing the bulk of the work, and you are repeating this process, this sounds like smart business. In the sophisticated business world, as opposed to the lawyer general practice world, this is called LEVERAGE. Leverage, in this context, is a good thing.

3. You will receive referrals back. Remember, although you specialize in general practice, there are some areas of law that you still do, and you do them well. Every time you make a referral, you have an opportunity to market for the cases you DO want. Specialists all get calls for cases outside their field, and they refer them out (because they are specialists). BE one of the lawyers they refer cases to.

4. You expand your network. Sometimes you don't have an attorney in your rolodex, or in Outlook, or wherever. Don't turn the client away. Get the facts, and use your resources to find them an attorney. Use the internet, call your attorney friends, check the County Bar Association committee lists, but MAKE SOME EFFORT. A specialist that you call after tracking them down, and hearing you say "I'm ______ an attorney in _____ County, and I have a client who needs an attorney who can do ______, and I found you by ___________" will respect you, will probably take the case, will pay you, will refer business to you, and will be someone you can refer to again. Expanding your network is always good.......

Specializing in General Practice

Is general practice a specialty?
Just "doing general practice" is the antithesis of a specialty, and will have all the pitfalls of an unfocused activity. It will have all the problems and few of the benefits that specialists reap.
However, if you do general practice RIGHT, if you "specialize" in it, it can be as rewarding as any specialty. Here are a few ideas:
1. Make great referrals. This is the backbone of specializing in general practice. It is analogous to a medical GP. Patients rely on them to identify what specialty they need, and make the referral. There are GP's who are great at this, and others whose network may be weak. As attorney GP's, our referral network is one of our most valuable assets. It should always be growing, it should be alive and lively. By the way, I encourage all GP's to receive proper and ethical fees on referrals made. Contrary to what attorneys sometimes think, the ethical rules tell you exactly how to do this. We are one of the few professionals that spells it out. I am tired of self-righteous attorneys who view the ethical rules on referrals strictly for what you can't do (and yes, there are things you can't do). But, the rules tell you what you CAN do, and you should welcome opportunites to make referrals......more on this tomorrow
2. Learn to say no and respectfully decline losing situations. If you can't make a referral, and its not for you, DON'T get involved. Have a form declination letter and USE it. Resist the urge to "just write a letter".
3. Take pro bono cases by choice, not by default. Never rationalize your mistakes (the ones where you hate the client and aren't being paid) by saying they are "pro-bono". Learn from the mistake, and find pro bono cases where you care.
4. Constantly improve the way you handle the cases you DO take.....your specialties within your general practice.
5. Specializing in general practice is a philosophical approach. Any associates and support staff should understand what you are doing. This will help your referral network develop.....

Specialize in Something(s)

Generally speaking, the most successful lawyers (by any measure: financial, personal satisfaction, recognition) are the specialists. I am qualified to say this, having been a misguided generalist all these years. Here are some things we can observe about specialists:

1. They know their stuff. When we generalists are up against a specialist, we know our stuff too, to a point, but on more substantial cases we are soon "out of our element", we are in THEIR element.
2. They get paid more.....and with confidence, and they should, they give their clients value.
3. They tend to find their chosen field interesting and exciting. I have been a generalist because I find all areas of law interesting, to talk and think about, and to strategize about, but to actually DO.....not so much fun. Have we all, as generalists, had the experience of calling someone who "really knew"? I'd like to be that person all day long.
4. They have systems geared for their specialty......we have general, all purpose systems, that work....to a point....and then our inefficiencies haunt us.
5. They know the players in their field, and they know the fakers (us).

I have two main pieces of advice for general practitioners:

1. Specialize in something(s). Even if you are still a generalist, have one or two areas where you act like a specialist. Define yourself by it "I'm a ________ lawyer", make systems for it, take extra CLE in it, follow all the cases, and otherwise get really good at it.

2. Specialize in general practice......I think this IS a specialty unto itself....more on this tomorrow.........

Refine How You Define

Happy New Year! Todays topic can be viewed as helpful advice, and can be adopted as a resolution.......REFINE HOW YOU DEFINE
How many opportunities do we have to answer the question "What do you do?" The answer can say a lot to the questioner, in both content and tone, but it should also say a lot to YOU. Do you notice how you answer the question? Do you use vague generalities? "I am in general practice.....I do a lot of different things.....I do some real estate, some estates, some litigation.....I work for a small firm......" Do you give a disparaging answer? (How would you view someone who defined themselves as doing something they hated......and then when you saw them again a year later they said the same thing? It sickens me to recall having answered that way) Are you enthusiastic?
Here are some basic suggestions:
1. Observe how you answer that question (or would answer it, hypothetically)
2. THINK about what it indicates: (a) to the hearer, and (b) to yourself
3. Experiment with some different ways to answer, first by thinking of some, and then trying them out when asked (btw, you will be amazed how many opportunites you have to answer the question), and then follow the above.....observe your response, and THINK about what it indicates to the hearer and to yourself.
4. Keep refining how you define, it will move you in the right direction.

You will also notice that specificity, and specializing in SOMETHING(s) improves your approach to practice, and results in new, QUALITY business........

Problems with clients

To one degree or another, we all have problems with our clients. Some offices have only a few, while others are virtually infested with them. Nothing can make a solo practitioner as miserable as a roster of bad cases and clients. It should be useful to look at the various species of bad, what causes it, and what to do about it.

1. Not your specialty: "I am a general practitioner, not a specialist". OK, I have the cart before the horse, THIS might be the problem unto itself. I am the biggest supporter of general practitioners, I have identified myself that way for 24 years. BUT what does it really mean? Does it mean you do EVERYTHING? Does it mean you try to? Does it mean you specialize in NOTHING? If you are a general practitioner, I'd offer this bit of advice, "REFINE HOW YOU DEFINE". Look at your biggest problem situations, the cases you should not have gotten involved with. Would you have taken them if your definition of what you do was clear, in your own mind? When it's clear in your own mind, it's clear in how you express yourself to the clients, and it will more often be clear that you are not the lawyer for that case. More on "refine how you define" in the next post.

2. Unclear fee arrangements: I recently implemented a new rule for myself. "Don't start work, or consider that I have a client, until there is a clear WRITTEN agreement laying out an outline of the case and all the fee and disbursements issues". A funny thing is happening. Writing these agreements is a lot of work, and takes a lot of concentration and effort. It seems like more work than the case is gonna be. It seems like its more work coming to terms with what I am going to do, than it might be to just start doing it......and then you have to STOP. and say, "THIS is the most important part of the case.....making the outline of what is expected and how the fees are going to work". Do not start without this. If this causes you to not start, you are ahead of the game.

3. Proving yourself: The client NEEDS help, you can see that. A little bird in your head is singing "This client needs ME". Throw that birdie some crumbs so it goes away so you can think. If that client needs help, but you are not the one, you have two choices that are way better than becoming their lawyer. One, politely decline the matter, or even better, make a great referral.

4. Not following your instincts: Client is nutty, and now is driving you crazy (You knew this when you first met them didn't you?). Did you think they'd be different with you? (Yeah) You did not have to get involved.
I think the client is not telling me the whole story (you were right). Could you have found out more of the story before getting involved? (Yes, but I would have had to work just to do THAT) Doesn't THAT tell you something?
The client has numerous civil cases and has left a trail of broken attorneys (they didn't even hide this fact, something which all attorneys know is a red flag of trouble) Were all those attorneys in the wrong? (Only when they made the same mistake you are about to make)

Bottom line: put in real effort at the outset in making your decision on whether, to what extent, and on what fee arrangement to get involved. You owe it to yourself.....