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Being A Virtual Lawyer Is All Mindset, Not Technology

July 20, 2010 By

Being A Virtual Lawyer Is All Mindset, Not TechnologyWhat did it take for me to become a virtual lawyer?  I was sitting on the terrace, looking out over the beach in Acapulco.  It was 85 degrees and sunny, yet the breeze coming off the water kept me cool.

My vacation was hard-fought, and well-deserved after the sprint leading up to the change in the U.S. Bankruptcy Code in October 2005.  I took a sip of my morning coffee and pondered whether I’d have lunch in the hotel or at a little taco place my wife and I had discovered the day before.

My laptop chirped at me, and I snapped on my headset.  It was time for a consultation appointment.  Virtual bankruptcy lawyer springs to action, leaving the coffee behind!

There was a time when the notion of a virtual law office was unheard of. A law firm operating without books, without desks, and without a physical location was unprofessional and extremely unorthodox.

No longer is that the case. Companies such as VLOTech and DirectLaw will help you get your virtual on. Free and low-cost applications help shuttle you to the cloud, where a world of wonder awaits you. Work from the beach, across the world, or just from your home with the dog by your side.

Lovely, no?

But here’s the problem – and it’s a real one.  The VLO model is largely an online document and communication repository for lawyers.  But a VLO does not help you become a profitable virtual lawyer, or to transform your law office into a virtual one.

My firm has a physical location, but I’m not enamored of going there.  I’ve got a totally different mindset.  The mindset of a virtual lawyer, not one of a land-based attorney.

Take, for example, the story I told you at the beginning of this piece.  You may be amazed, entranced or just shocked that I could work from the beach in Acapulco.  But when you break it down, it’s not amazing whatsoever.

The Virtual Lawyer’s Tools Are Not Amazing

I don’t use any of the VLO platforms mentioned above; they’re excellent, but not what’s in my bag.  I relied, and continue to rely, upon a few basic sets of tools:

Phone:  Skype, a computer-based application, allows me to make and receive phone calls to a regular U.S.-based telephone number using only a computer with Internet access.  Costs me under $100 per year for a local number.  But if I didn’t want to go that route, I could simply use my cell phone with global roaming on it.

Internet-Based Faxing:  People use faxes, much to my chagrin.  I use MaxEMail, but there are a number of excellent providers out there.  Here’s how it works: someone puts a piece of paper into their fax machine, dials a local (or toll-free) number, and faxes it to you.  Instead of the page coming through a fax machine, it shows up in your email box as a PDF.  Once again, it costs me under $100 per year to keep this going.

Case Management:  I currently use RocketMatter, but have used Basecamp in the past.  It gives me the freedom to access client information on the go, and it’s reliable so long as I’ve got an Internet connection.  Basecamp allows me to give clients access to their documents, RocketMatter does not.  But there’s a solution.

Client File Access:  I use Dropbox, which allows me to synchronize files among computers and backs up to the cloud.  Using Dropbox you can share a specific folder with any other Dropbox user; all they need is an account, which they can get for no cost.  Tell your client to get a free Dropbox account, and then share their file with them.  When the matter is closed, revoke the sharing privileges.

My File Access:  Once again, I use Dropbox.  There are other solutions out there, but I like Dropbox because it’s got tons of features and is accessible from my Android device (they’ve got an iPhone and iPad app as well).  To get files from paper into my computer I either scan them using my ScanSnap scanner or, ideally, have clients fax them to me (remember, those faxes come through as email attachments in PDF format).

Staff Communications:  We use Google Talk to communicate.  Nuff said.

Calendaring and Appointment Setting:  We use Google Calendar for our calendars in the office, and a web application called AppointmentQuest to allow people to set up appointments to speak with us.  Appointment Quest is not the only system out there, but it does allow us to block off times when we’re not available and move stuff around.

Email:  Google Apps.  Free, web-based, accessible using our phones, and lots of storage.

The Virtual Lawyer’s Mindset Makes the Difference

Nothing outlined above is earth-shattering, nor is it custom-made.  It does, however, reflect the reality that we can work anywhere, any time.  Our clients need not be technologically advanced, either; the only thing they need is a telephone – everything else is on our side.  So it makes no sense to me when a lawyer tells me that they don’t go virtual because their clients aren’t tech-savvy.  That’s an excuse, not a real reason.

If you want to be a virtual lawyer, all you need to do is take a step outside.  Then another.  And then another.  Repeat until you’re in a comfortable location, and then open your laptop.  Keep the cell phone charged, maintain connectivity to the Internet, and get down to business.  That’s pretty much all there is to it.

The chains aren’t real.  All you have to fight against are your own preconceived notions about where you work.

To be sure, there are things you’ll need to do in order to prepare for that walk outside.  But once you have the mindset, the solutions to the other minor problems will soon come into sharper focus.

Photo credit:  Giorgio Montersino (via Flickr).

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A Remarkable Lawyer?

June 21, 2010 By
remarkable-lawyer-client-relations

Photo Credit: Bacon and Tofu (via Flickr)

We’ve been told for years to be remarkable.  Seth Godin tells us to be remarkable (and he should know).  He tells us to earn buzz by being so good, so wonderful, so over-the-top that people can’t help but to talk about us with such glowing praise that we shoot into the stratosphere.

Fabulous.

Look, we’re lawyers – not software developers or people who are looking to cure cancer or baldness or whatever.  We are technicians, mechanics and fixers.  The job of a lawyer is to take stuff that’s broken (contracts, marriages, laws, financial lives, etc.) and fix them.  Simple as that.

Know what would be really remarkable?   [Read more...]

Filed Under: Legal Marketing Tagged With: , , , , , , , , ,

How A Real Lawyer Uses Social Media

June 4, 2010 By

Can a real, live lawyer use social media for real, live business?

Social media for lawyers – specifically Twitter, Facebook, and Linkedin – has been getting a ton of coverage in the past few days on the heels of this article in Mashable.  And it seems to have ignited a bit of a debate on Twitter because there are a few attorneys who question whether the experts quoted are able to speak from experience.

I don’t think there is such a thing as a social media expert.  I do believe that there are people who are well-qualified to discuss how to build trust, relationships and communities for business purposes.  These are the experts, the ones who teach us how to be more human in the way we conduct business.  When these people talk about using the platforms at our disposal, I listen and take notes.

Social media is an all-encompassing term that speaks to platforms, and how they are used to accomplish a particular goal.  Those platforms currently include legal blogs, Twitter, Facebook, LinkedIn, MySpace, Tumblr, Posterous, Foursquare, Gowalla, and the list goes on and on.  But bear in mind that these are platforms only, and are subject to change without notice.  A few years ago it was Friendster.  A decade ago it was Usenet.  And on and on.

To say that you’re an expert in Twitter means that you know how to set up an account and use the tool.  It doesn’t mean you know how to connect with people or businesses who may have some use for your service.  When Twitter goes away or, more likely, evolves in ways we can’t currently imagine, the “Twitter expert” will be as useful as a “mimeograph expert”.

The person who’s skilled in the broader skillset of creating and maintaining relationships will continue to thrive.  Because that’s not just good marketing, it’s good for life.

Now that we’ve got that out of the way, I thought it would be useful to outline how I use the various social media platforms to achieve my goals.  Those goals, by the way, are fluid.  Sometimes I’m looking for help with something.  Other times I’m promoting my expertise as a bankruptcy and consumer protection lawyer, or as a guy who knows a thing or two about marketing a law firm.  Maybe I’m going to be a new place and need some recommendations for a good place to have dinner.  In all cases, the song remains the same overall (hat tip to Robert Plant and Jimmy Page).

Content Distribution And Promotion

Every time I create content on this or any other platform, I promote it on Twitter, Facebook and LinkedIn.  Doing so exposes my work to people who find the subject matter compelling, and cements my standing as someone who knows about the fields in which I spend my time.

Information Sharing

I’m a newshound, and read hundreds of blogs each day.  When I find something that catches my eye, I share it with people.  More information is a good thing, no?

Connecting With Interesting People

Here’s where people say Twitter is a waste of time, right?  I mean, why would I spend time typing out 140 character messages to strangers?  Well, why would you spend an evening at a networking event filled with a diverse group of people?  To meet them, get to know them better, and establish a relationship.  Maybe that plumber I meet will never have need of my legal services, but I’m betting that he knows of someone who will eventually need me.  The stronger my relationship with Mr. Plumber, the more likely I am to be the name and number (OK, email address) that he passes along to his friend who’s going into foreclosure and needs help.

What if Mr. Plumber is in Oklahoma, far from my state of admission (which is New York)?  No worries – I can send the referral to one of my colleagues in Oklahoma.  I’ve connected with some of them on Twitter, others on Facebook and some on “old school” listservs.  Send a referral to a trusted colleague and I get good karma in return.  It’s happened so often I’ve lost count, and it increases the chance that I get a referral in return.  Karma’s like that, you know.

Strengthening Bonds Established Elsewhere

Let’s say you meet someone offline – a networking event, a social event, whatever the case may be.  You connect with them on Facebook, or LinkedIn, or Twitter or whatever platform you choose.  Now you’re exposed to them on a regular basis, and they to you.  Share information, keep up with one another, and allow your humanity to continue to unfold before one another.  It takes a causal meeting with a total stranger and allows you to make something more of it.

Now you want me to prove that it works, right?  Here are a few of the things I’ve accomplished by using the platforms available to me:

  • coverage in print and broadcast television (Twitter and LinkedIn);
  • paying clients (more than I can count from Facebook in particular, Twitter less so);
  • quotes and attendant backlinks from highly-regarded online sources, which has increased the ranking of my own site and resulted in more clients (primarily Twitter, but Facebook and LinkedIn to a certain extent); and
  • referrals from other lawyers as well as from non-lawyers who deal in consumer finance issues (Twitter).

Of course, none of this speaks to the business my firm has received over the years as a result of a never-ending commitment to content creation through our blog and elsewhere.

Is this list comprehensive?  Does it take into account all of the nuances of how a real lawyer can use social media to help his or her practice?  No, but it does give you the high notes and prove to you that this isn’t just another time suck.

What do you think?

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Bankruptcy Lawyers And Intake Forms

April 28, 2010 By

Bankruptcy Intake Forms Create A Messy DeskBankruptcy lawyers seem to live and die by their intake forms.  This is when we meet the client the first time, assess the situation, and decide whether it makes sense to work together.  Lawyer asks questions, client answers and asks others.  A game of volleyball that can last between 30 minutes and 2 hours depending on the lawyer.

New bankruptcy lawyers often hop on a listserv and ask for everyone to send them copies of their intake forms.  Others buy a set from an online company, and still others use the built-in forms from their software provider.

The result is a set of bankruptcy intake forms ranging from 20-40 pages, thick with legalese and minutiae.  In an effort to avoid problems later, we force our client to do every bit of heavy lifting.  No stone unturned means a stack of intake forms that would make an environmentalist cry.

Our clients, in return, provide us with half-completed intake forms, inaccurate responses, and downright useless disclosures.  We are forced to go through every line and verify the information, or our paralegals do so for us.  We end up wasting our time, our client’s time, and our productivity.

So let’s take stock of the end result.  We spend too much time and are convinced that our clients can’t follow simple directions.  Our clients are bent out of shape because they feel like they’re doing all the work, are confused because of all the jargon in the intake process, and frustrated with a process that was supposed to make their lives easier.

All in all, it’s a gigantic customer service failure.  And the lawyers are to blame.

When you look at your bankruptcy intake forms from the client’s side, you need to focus on collection of information in a way that is as simple as possible for the client.  Anything less leads to bottlenecks and frustration.

You know what you need in order to assess whether you can help someone.  You look at their income, their assets, general debt scenario and their expenses.  Simple.  Beyond that, the documents tell the story better than the client can ever tell it.  Credit card bills, mortgage statements, utility bills – clients can’t fudge the numbers because they’ve got the bills to give you.  Those documents often don’t need to be reviewed during an initial consultation, which should focus on the nitty-gritty of the situation.  We’re talking big picture here, folks.

Get the basics, ask the key questions about preferential transfers and other deal-breakers, then move along.

Out of frustration, I stopped using formal bankruptcy intake sheets about 20 minutes after I started practicing.  Instead, I opt for a simple 6-page questionnaire that is comprised largely of yes/no questions.  The questionnaire itself is fairly useless to most lawyers unless they understand my entire bankruptcy intake process.  It’s a fact-finding tour that includes an opportunity to learn about my prospective client, nothing more.  I don’t need to dig through the credit card bills and every pay stub to make an educated decision on whether I can help.

Having your client’s handwriting on the intakes forms does not “cover you” in case of error.

You’re probably thinking that the intake forms give you some sort of malpractice coverage.  The reality is that isn’t the case.  The intake forms are wrong, they’re garbage.  If you’re concerned about accuracy and a little bit of CYA then I suggest having your client review each page of the completed petition, schedules and related documents; get initials on each page once reviewed.  In case of trouble, there’s your CYA right there.  And it’s as accurate as you can possibly make it, as opposed to the intake forms.

What’s the end result?  A simple, clean process that makes it easier for a consumer to do business with my firm.  By removing the barriers to entry I am faced with a more relaxed and forthcoming client, someone who is happy to work with me.  The work involved in sorting through the documents provided is no greater than the arduous task of deconstructing an improperly completed bankruptcy intake package.

Think about your client, balance it against the information you need to make an assessment of the situation, and go from there.  Concentrate on the relationship and make it easier to work with you.

Photo courtesy of yatoobin.
Filed Under: Law Office Management Tagged With: , , , , , , , ,

Lawyers Who Blog (And Those Who Want To) Should Buy ProBlogger

April 26, 2010 By

I have a confession to make – I read a lot more than normal people.  In fact, I read more than abnormal people.  It’s a habit I picked up when I was a kid, and it kept me from learning how to play sports (my wife tells me she likes the fact that she’ll never be a football widow) and getting a proper tan (lower risk of skin cancer is good, but I’m pretty pasty).

As a lawyer who blogs, much of my legal marketing reading comes to me in the form of other blogs.  Also podcasts, which are really nothing more than blogs for my ears.  Television bores me for the most part, though I’m a treasure trove of Family Guy references (my dog’s name is Griffin because my wife refused to let me name him Brian).

Last year I was listening to a podcast where someone was talking about his goal of reading 52 books in 52 weeks.  Kindle in hand, I set about the same goal.

Today’s purchase was ProBlogger: Secrets for Blogging Your Way to a Six-Figure Income (that’s an affiliate link), the second edition of the excellent book by Darren Rowse and Chris Garrett.  Both of these guys are successful bloggers in their own right, as well as social media icons.  Darren is heavily involved in Third Tribe Marketing, and Garrett is new media consultant.

First, a confession (well, I guess this is the second) – I never read the first edition of the book.

Second confession (which is really the third) – I am currently zipping through the new version.  I even bought it in (gasp) physical paper form because the Kindle version won’t be out until after I’ve gone to San Francisco for the weekend and was going to read it on the plane there.  At this rate I’ll be done long before then.

I can’t tell you if it’s better or worse than the original, but I can tell you that this is good stuff for anyone who wants to use a blog to make money.

In the book they discuss tools used for blogging, and there are a bunch of screenshots and descriptions to help you along. There’s also an excellent chapter on using social media for your blogging efforts.

The really nice thing for lawyers is the back story Rowse brings to the table. He began blogging out of passion, not as a business. In fact, his Digital Photography School had nothing to do with money when he started it. What he had, however, was knowledge about a core topic and a desire to get his information out to the public.

That sounds a lot like lawyers, doesn’t it? Lawyers have information about a niche subject and can use that knowledge to begin their online legal marketing efforts using content generation.

The title is obviously a huge draw for people who are looking to blogging as a way to build a business, and most lawyers aren’t going to use some of the monetization strategies used by that crowd.  But the underpinnings of social media and content marketing for lawyers is compelling and cuts across industries – right to ours.

Filed Under: Blogging For Lawyers, Legal Marketing Tagged With: , , , , , ,

Why I Want More Good Bankruptcy Lawyers In New York

April 22, 2010 By

Why I Want More Good Bankruptcy Lawyers In New YorkDo you want more competition in your marketplace?  Do you really think you could handle all the business if you were the only one?  Even if you could, wouldn’t it be lonely?

A recent article caught my eye not because of the content itself, but because of the title (which is, of course, the mark of a good blog title).  The question posed is whether more competition is good for you as a business owner.

Lots of lawyers I know would love nothing more than to be the only game in town, to have their pick of every potential client.  Not me.  I want more good bankruptcy lawyers, right here in New York where I practice.

I’m not saying there aren’t some very good lawyers in this city – there are.  But I’d love nothing more than to have double or even triple that number.  Not casual filers, but high-level folks who do terrific work.

Lest you think I’ve gone off the deep end, let me explain.  The more competition there is in the market, the better it is for you.  Period.

More smart lawyers means more informed judges. If I’m the only one bringing a complex issue to a judge, it isn’t going to make a huge impact.  But if every lawyer in town is highlighting the same issues to the bench then my court is going to stand up and take notice.  It goes from one lawyer being a thorn in the side to an epidemic.  Can’t avoid it, can’t ignore it.

Better lawyers = better information. People need solid, reliable information when they’re making a decision on whether to hire a lawyer.  Better lawyers are those who convey more timely and useful information in a way people understand without getting out the dictionary.  More information gives prospective clients a better idea about what they need and want, and how a lawyer can help them.

Greater sense of community. Shoddy lawyers hold their cards close to the vest and are less likely to help one another out.  They have so little knowledge and expertise that they’re afraid of letting others in on what little they know.  On the flip side, those who know a lot about a field of law are less afraid of sharing knowledge with others – even the competition.  They know there’s more to getting and keeping clients than a motion form, and they act accordingly.

In recognition of the common enemy. Every field of law has a common enemy.  For bankruptcy lawyers, it’s the debt settlement folks and the self-help outfits that make promises and deliver little, if any, value to most consumers.  When there are enough intelligent, well-reasoned lawyers in the field it’s easier to combat misinformation and disinformation spread by the people who harm our clients day in and day out.

Next time a new lawyer starts practicing in your courthouse, don’t look at it as a setback.  Realize that one lawyer can’t serve the entire population, can’t educate the entire community, and can’t bring every issue before the court.  Take the time to reach out, make the connection, and learn from one another.

The results will be outstanding.

Photo courtesy of Fabbio.
Filed Under: Legal Marketing Tagged With: , , , , , ,

5 Reasons Why I Educate My “Competition”

March 16, 2010 By

One of my readers sent me a question a few weeks ago, asking me if I wasn’t worried that I was educating my competition on the ways of online legal marketing and the use of social media in the legal profession.

The simple answer is that I’m not concerned in the least bit.  But real life is seldom simple, so here are my 5 reasons why I want my competition to know all about online legal marketing:

  1. The Prospective Client is More Important Than The Lawyer: I want my prospective clients to walk in the door filled with the right information about bankruptcy, not some mumbo-jumbo they’ve picked up from a talking head on TV.  If they’re properly educated then I don’t need to spend hours swimming upstream.  In fact, a local bankruptcy lawyer on Long Island writes an excellent blog to which I refer clients all the time.
  2. My Clients Are Different Than Yours: You read that last sentence right – I send my clients to another local lawyer for his insights when I don’t have a piece of content at the ready.  Doing this isn’t a big deal to me because I know my clients, and everything I do is specifically targeted towards a single client persona.  My client can read another local lawyer’s blog and think, “That’s interesting,” but it won’t connect with them to the extent that mine will.  So, too, my blog won’t connect with a client who doesn’t fit my target client persona.  My legal marketing efforts target my clients only, and not the people who may not fit my client profile.
  3. There’s Enough Work To Go Around: Let’s face it – my law firm couldn’t handle every single bankruptcy case in New York if we wanted to.  Impossible.  I could use every legal marketing tool in my arsenal (and I often do), but I’m not so interested in filing 25,000 bankruptcy cases per quarter in New York City.
  4. Collaboration Instead Of Competition: I’m not giving up any trade secrets on this blog or on any other for which I write.  I’m discussing my thoughts on where we’re going in online legal marketing and sharing tips I’ve picked up over the years and tested for my benefit.  If someone local wants to take the time to read and implement it, so much the better.
  5. A Rising Tide Lifts All Boats: If what I do here can lift the access to quality information to consumers in New York (where I practice) and teach lawyers how to connect with people on a human level then we’ll all be able to do better – better work for our clients, a better job at being lawyers, a better outcome for the process.

Maybe it sounds hokey, maybe it’s a little too kumbaya (to borrow a term used by Sonia Simone) and perhaps it doesn’t resonate with you.  If that’s the case, no problem – keep on doing what works for you.

But I urge you to take a step back and consider what I’ve said here, and whether the way the legal profession has evolved (or failed to evolve) in terms of customer service, creating real connections with the public and delivering outstanding service hasn’t been a bit … shall we say, stilted up to now.  Don’t we deserve a new model, a new way to reach potential clients and delivery remarkable results?

This is exactly why I speak at conference all around the country each year, delivering value not only on the topic of legal marketing but also substantive law.  It’s why I sat in a room two years ago and taught 15 of my local colleagues how to handle discharge violations in bankruptcy – a field in which I practice heavily.

If this blog is the model, then so be it.  But I think you’ve all got something within you, some spark that makes you want to educate your local colleagues so that the bar is raised.

Photo of Boalt Hall lecture hall by umjanedoan.

Filed Under: Legal Marketing Tagged With: , , , , , ,

Legal Marketing Tip: A Flip Camera And 8.3 Seconds

March 10, 2010 By


Legal marketing takes all forms, but one of the best ways to convince the world that you’re good at what you do is to get other people talking about you.

Word of mouth is indeed a powerful force, especially these days. There are so many lawyers out there, so many marketing messages thrown at consumers, that it’s difficult to separate the good from the bad.

When someone tells the world about your law firm, those words carry weight. They infused with what’s called social proof, that undercurrent of, “it was good for me, so it will be good for you, too.“

Your legal marketing message needs to answer that unspoken question of, “can I trust that you’re a good lawyer who will take care of me?”

Testimonials are powerful ways to get that word of mouth going. And one of the best places to get those testimonials is when the relief is fresh in the client’s mind.

This morning I took my Flip video camera with me to bankruptcy court. On the way out, one client told me that he thought we were terrific.

So I asked him if he’d be willing to say that on camera. He agreed, and I pulled out my little video camera.

He took 8.3 seconds to say what was on his mind and to share his positive feelings about the firm.

The result? A priceless piece of legal marketing that is better than anything we could have said ourselves. I paid not a single dime for it, and all I had to do was ask a happy client if he’d be willing to say a kind word on video.

Remember that a happy client is not only a direct referral source, but a potential evangelist. And every person they send your way is someone you don’t need to convince that you’re good at what you do.

Don’t believe me? Ask Gustavo.

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