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Lawyers have a tendency to get shy from time to time, and always at the worst possible moment. That moment comes when they are asking a prospect to become a paying client.
Shame on you.
Copywriter John Carlton calls this, “selling from your heels,” and it involves backing away from what he calls, “the money shot.”
When you do your consultation, talk to someone over the phone, email, what have you – you need to tell them what you want them to do next. It’s that simple.
If left to their own devices, people will take no action even if it’s in their best interests to do so. They’ll get distracted, find some reason to avoid filing for bankruptcy, let the house go back to the bank, live with the income execution. It’s easier to spend time on Facebook than to get off your duff.
You know the saying, “an object that is in motion remains in motion”? Well, that’s true but only if it gets in motion in the first place.
So what do you do?
End your discussion with the following:
“Here’s what we need to do now. Let’s set you up with an appointment to come in and talk about how bankruptcy can help you. When would you like to come in?”
And when the person comes into the office (assuming you want to take the case), say:
“OK, here’s what we need to do in order to move forward. I’m going to have you sign this retainer agreement and leave your documents with me today. I’ll get started in this immediately. How would you like to pay the fee?”
Suddenly, you’re not ASKING for the client’s business – you’re TELLING the client the next step. Give the client that opportunity and they’ll do what you need them to do.
Now what do I want YOU to do? Comment below and let me know your thoughts.
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Great advice, Jay.
I also do the following: I tell the client that the rules governing lawyers in New York require a retainer (contract) for every matter for which the fee exceeds $3,000 and it is recommended that a retainer be provided in every case regardless of the fee amount. I state that my firm strictly adheres to those rules. I explain how important a contract is when hiring a lawyer and why. I explain I can’t help them without a binding contract and a deposit because that contract imposes substantial responsibility upon my firm. My duties are to provide the services in the contract; their duties include full payment and cooperation. Many clients appreciate this information and say they never really understood the contractual nature of the relationship. I find that this information permits me to turn down someone in need of help for objective reasons that go beyond the mere inability to pay (which is probably a bankruptcy lawyer’s biggest deal-breaker!)
This also serves to remind myself not to move forward without the retainer and deposit!
Jay,
Interesting article.
Question: When do you tell your client about your fee/retainer?
Thanks,
Morgan
I discuss my fee once I’ve had the chance to analyze the prospect’s situation and how I can help – if at all. I do not compete on price, and firmly believe that it’s wrong to do so (someone will always be cheaper until we all do the work for free).
What can I say, telling me to comment actually made me comment. True story.
I am also shy when it comes to my fee, fear of the client rejecting it, is it too high, is it too low. I guess you can call me goldilocks. But I finally sucked it up, and told a prospect, this is my fee, this is how much I charge. No rejection! It works, it really does.
The reverse is also true, if it is someone you don’t want to work with (not just clients) leaving it open always leads to them leaving. They get a follow up by me that I’m not representing them