Why We Do It

why do it

We’re told to write, do videos or create podcasts as part of our marketing efforts. This is known as “content marketing” and it may take many forms – a blog post, an ebook, and article for the bar journal, a video on YouTube or public access television, a podcast or a call-in radio show.

Content, they say, is king. Once said, others step into the limelight and say that content is not king, that it’s useless and unimportant given the volume of information out there.

FOMO, fear of missing out, drives us to fall in line with content marketing. We don’t want to be the one who loses the client, so we invest our precious and least-recoverable resource – time – in the process of creation.

It is worth it?

Here are some of my thoughts, in no particular order. They are, by the way, the result of using the written word as my primary marketing vehicle for the past decade or so.

  1. Creating content allows you to hone your own knowledge by explaining it better;
  2. Content gives you the ability to connect with your clients by using the language they use to communicate;
  3. Content provides greater volume to your online presence, which makes it more likely that a casual seeker of information will stumble upon your words of wisdom;
  4. Potential clients, on reading what you’ve written (or seeing what you’ve recorded, or listened to it), will be suitably impressed by your knowledge such that they will be moved to hire you before all others;
  5. Members of the press will read what you’ve written and use you as a resource, leading to your name in the media – exposure that is far better than anything purchased;
  6. Existing and former clients will go back to your work for clarification of issues, leading to greater client satisfaction and high referral rates; and
  7. Other professionals will recognize you as an authority in the field, and will be compelled to refer work to you above all others.

Which boils down to the real reason why we create content.

We create to improve our base of knowledge. We publish in various formats online and offline to impress people with our knowledge and abilities so that they will either send us clients or become clients of their own accord. We continue so that those people and others will continue to maintain their high opinions of us and our abilities long into the future. 

Spoiled Milk And Old Retainers

bankruptcy retainer gets stale

How much spoiled milk do you have in your file cabinets?

A client hires you for a bankruptcy case, proclaiming that they want to get filed “as soon as possible.”

Your letters and phone calls go unreturned. Emails fall into a black hole. Text messages are met with silence.

Congratulations – like milk, your files have spoiled. But instead of turning into a fine cheese, those files are stinking up the whole place.

What happens if the client shows up a few years later? Do you honor the fee agreement?

You can call the client back into the office and essentially start over, but then you’re in the unenviable position of having to explain why your fees are different (if they are), the amount of money the client can have applied to the new retainer, and the like.

Most clients have an expectation that if a retainer is valid, it remains valid no matter how long ago it was entered into. Many state ethics boards feel the same way – an active retainer agreement governs the lawyer-client relationship for as long as it remains valid.

Want to avoid the spoiled file?

If you use the tip I gave you about getting paid, you should back it up with a clause allowing you to close the file for lack of activity after a certain period of time (I use 90 days of inactivity, but you may decide that’s too draconian or too laid back).

Once time’s up, fire the client and close the file.

If you put a “sell by date” on your retainer agreement then you prevent it from dragging on for longer than makes you comfortable. You give the client the incentive to move forward quickly (in the old days, we called this, “s**t or get off the pot”), and you retain control over your processes.

How many files do you have languishing in the file cabinet for so long that the information is stale?

A Simple 9-Step System For Getting Paid For Bankruptcy Work


When I tell people that I’m a bankruptcy lawyer, they laugh and ask me how I get paid by people who don’t pay their bills.

It’s a frustration we all know, chasing people for legal fees so that we can keep the doors open to help other people. Though we’ve all felt the pinch, the truth is that our clients often don’t have the ability to pay for their bankruptcy case.

“If I had money,” goes the old saying, “I wouldn’t need you.”

It’s up to us to help our clients with a payment plan. The trouble is that often those payment plans are too open-ended for our clients to follow.

For years I told my clients that their case would be filed when the legal fee was paid in full, but didn’t provide guidance on exactly how they were expected to pay that legal fee.

Without guidance, many of my clients tried to save up their legal fees. This didn’t work because there’s always something that gets in the way of savings. After all, if my clients could save then they’d likely be able to pay their bills.

So I set up an actual, honest-to-goodness payment plan. And that worked like gangbusters.

Here’s how it works:

  1. Tell your client how much they need to pay to get their bankruptcy case filed;
  2. Ask your client how often they get paid;
  3. Find out how much the client can pay you each pay period;
  4. Remind the client that the rent needs to be paid, and find out if there will perhaps be a little less to pay you once each month;
  5. Reduce the amount provided by the client by $50 – that is the amount to be paid per paycheck;
  6. Write down a schedule of payment amounts and due dates on your retainer agreement;
  7. Provide for a penalty of $10 per missed or late payment;
  8. Have the client sign below the payment schedule; and
  9. Send a bill to the client once per month with the remaining balance due.

This takes a few more minutes when you complete a retainer agreement, but it provides the client with a way to pay off the legal fee in an affordable manner over a defined period of time.

This method provides for a schedule, as well as for a way to compensate you in the event that it takes longer to get the case filed than you originally anticipate.

The client has some certainty, you have assurances as well.

And yes – it works like a charm.

Say It First

Anticipation and Strategy
Our bankruptcy clients come to us with so many objections that I wonder why they bother to show up in the first place.

It’s as if they make an appointment solely to appease a loved one. Once their objections are validated, they’ll turn around with a smug look and say, “I told you bankruptcy was a bad idea!”

But we lawyers know that bankruptcy can help clear the way for a brighter financial future. To help make that happen, I subscribe to a simple rule: say it first.

When we wait for the objection, we’re put on the defensive. That weakens our position as a credible professional.

I prefer to speak to the objection before the client brings it up. In doing so, I can handle the objection and dispose of it effectively.

The client can’t bring it up again, my credibility goes through the roof, and we can move the process along more effectively.

For example, we know credit scores are important to our clients. You can wait for the question to creep up behind you, or you can handle it proactively.

Try this one out for size:

You’re probably thinking about your credit score after bankruptcy, and whether you’ll be able to get a mortgage or a car loan. Federal guidelines allow for FHA mortgages in as little 2 years after bankruptcy, which gives you a little time to build up your savings for a downpayment. As for cars, one of my clients got a loan from Ford Motor Credit on a new Expedition about 16 months after her discharge. She got the same financing deal that they were advertising on television, which was pretty good.

The story about the Ford Expedition, by the way, is true. So is the part about the federal mortgage guidelines.

I don’t need to tell you that you shouldn’t lie to clients. It’s kind of a big deal with state ethics committees. Also, your parents raised you better than that.

But if you sit down and identify your client’s most likely objections to bankruptcy, you’ve got a much better chance of clearing up problems before they arise.

Wade Deeper

wade deeper

We’re told that it’s important – nay, mandatory – for us to belong to our local bar association and professional organizations.

Online marketers extoll the virtues of Avvo for interacting with potential clients, Facebook and Twitter for social networking (whatever that means), and LinkedIn for … well, for something.

So we join up and wait for the phones ring.

When we get tired of waiting for the phone to ring, we either conclude that the tactic was wrong (because those bar association events are useless) or that we have somehow fallen short of the mark in our execution.

If we choose the former, we stay hungry for work. But when we accept our own shortcomings and take action, we find out what truly works for us.

Joining, we find, is merely stepping into the water.

To gain value from an activity, we need to wade deeper.

So when something isn’t working for you, ask before you declare it a failure whether you’re soaked or if you merely need to wade in deeper.

Better yet – dive in.