Marketing tips for dirt lawyers

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bookLast week, this blog discussed technology and marketing issues, and I warned readers to expect more on those topics. I read another great book! This one, The Power of a System, by John H. Fisher, a medical malpractice lawyer, is basically about how to build a successful plaintiff’s practice. Why, you ask, should a real estate lawyer care?

A real estate lawyer should care because Mr. Fisher included some great marketing tips for real estate lawyers. He believes, for example, in identifying the “ideal client” and marketing relentlessly to that person. Here is his quote about the “ideal client” of a real estate lawyer:

“If you are a real estate lawyer, are your ideal clients the homeowners buying a new house? No! The homeowners will use your services one time for a fee of $750, and you will likely never hear from them again…You will be broke by the time the homeowners need you again. The ideal clients for a real estate lawyer are real estate agents who refer a steady stream of new homeowners. The goal is not to make money on a single transaction. Rather, your goal should be to develop relationships with your ideal client that will generate new clients and a steady stream of income for the rest of your career. The lifetime value of your ideal client is far greater than the value of a single transaction.”

This makes perfect sense, doesn’t it? Real estate lawyers in South Carolina should devote their marketing dollars and time to courting the individuals who are in a position to send them business. In addition to real estate agents, local lenders and builders are prime targets. Analyze your market, your community, and determine who will be in a position to direct business to your practice. Call those individuals your “ideal clients” and go after them!

Mr. Fisher has developed three simple marketing tools that he says will make all the difference in a law practice:

  1. Create an information-powerhouse website that provides killer content on a daily basis;
  2. Publish a monthly newsletter targeted to your ideal client;
  3. Host regular seminars and workshops that provide valuable content to your ideal client.

As to the information-powerhouse website, you will need assistance.  There are experts who can assist you with setting up the website as well as providing content. You will, of course, have to comply with the Rules of Professional Responsibility, so you cannot let your website expert work alone. Stay tuned for later blogs about websites.

As to the monthly newsletter, Mr. Fisher was very specific. He believes newsletters are “marketing gold”, but they must be written by the attorney to show personality as well as expertise, and they must be mailed consistently on a monthly basis. He believes that mass-mailing pieces will not do the job.

He said he is always thinking and taking notes about possible articles. (I get this idea because I am always thinking about blog ideas.) He said, with collecting ideas all month, he is able to devote only two hours per month to actually writing. He writes a main article or two on law related topics. Then he answers a legal question or two. After that, he throws in a brief article about his marketing events (“What’s John up to?”). And he adds a goofy picture or two of him and his kids to humanize himself.

He hires a graphic designer to make the newsletter “pretty” and uses a “fulfillment provider” for printing and mailing.

lawyer reading

He wants his newsletter to be so good that his ideal clients (the lawyers who refer medical malpractice plaintiffs to him) will save them and post them on their bulletin boards. Can you write a newsletter that good to promote your practice? I believe you can!

As to event marketing, Mr. Fisher says events should be educational, informational and fun and they should give away secrets! He has seminars for lawyers (his referral partners) to explain his systems, how he treats his clients, etc. He says to promote the heck out of these events to your ideal clients. Mail invitations. Follow with postcards, emails and handwritten notes. He recommends using testimonials from others who have attended successful events. Keep building momentum. Obtain sponsors and vendors to assist. Make sure the events are fun! And then follow them with handwritten notes.

Our office is in the business of consulting with real estate lawyers on marketing and other issues. We can help!  And here’s a further warning about more of these topics in future blogs.

Happy marketing!

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Use technology and make more money!

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Grow your business, dirt lawyers!

This blog is supposed to be about South Carolina dirt law, but I saw this great article entitled “Twelve Steps to a Profitable Law Practice” that I thought would benefit most South Carolina dirt lawyers. The author is Ernest Svenson (also known as “Ernie the Attorney” if you are interested in Googling his interesting blogs about technology, marketing and other topics vital for law firms but often overlooked by busy lawyers).

Mr. Svenson is the founder of Law Firm Autopilot, the stated mission of which is to help small firm lawyers transform their practices to improve their quality of life. Check out Law Firm Autopilot’s online courses and coaching services here.

technology money

The article is adapted from a chapter in a book I’m reading, The Secrets to Marketing and Automating Your Law Practice: A Lawyer’s Guide to Creating Systems, Getting Clients and Becoming a Legal Rainmaker by David M. Pitton (Practice Panther, 2018). You can download a free copy of the book at the end of the article linked above. This book is good. Chapter 1, entitled “The Ultimate Checklist for Starting Your Own Firm” blew my mind with its very specific, detailed advice about the technology a lawyer establishing a new practice needs. Most of what the author advised was extremely practical and extremely economical because he understands the financial pressures of a new practice. Example:  design a logo for only $99!

Why am I bothering Dirt Law readers with this topic? I know most of you are not thinking about opening your own practices. I’m troubling you with this because I believe marketing and technology may be two of the most vital components required to maintain healthy and growing practices in 2018. Real estate practitioners are always competing and are always trying to stay ahead of the quickly changing technology landscape. The lawyers who master technology and marketing are the lawyers who will thrive in the future.

Mr. Svenson does not suggest that you must master technology yourself. He believes in hiring experts to push the buttons for you. He says, “If you can follow a clear ‘process roadmap’—such as the rules of civil procedure—then you are capable of radically improving your practice with common technology, most of which you already own.” He believes that digitizing will allow you to simplify your practice and lower your overhead. He believes automation will exponentially increase efficiencies and result in cost savings. And he believes that you can learn to work virtually from anywhere with an internet connection.

Many of you know our staff was displaced in 2012 when our office building was involved in a fire. Thankfully, no one got hurt, and much of our furniture and equipment was eventually saved, despite the layer of soot that settled on everything. But we were displaced for a whole year! We rented a small suite in an executive space downtown, but most of us worked remotely (from home) for an entire year. And we didn’t miss a beat. As far as we were able to tell, we didn’t lose a dollar. The day after the fire, several of us were camped out in my kitchen at home disbursing funds for a large commercial transaction. If I was not a believer in being “paperless” before that catastrophe, I definitely am today. I call myself the poster child for business continuity.

(By the way, I am working in said kitchen as I write. I recently hired a new lawyer despite not having space for him, so I displaced myself instead of our new underwriter until we are able to move to a larger space later this year. Again, I am not missing a beat!)

This article says, “If you want to streamline your practice and reduce clutter and chaos, you need to stop managing information in paper form. Digital information is cheaper to store, easier to transmit, and can be automated more easily.”

And, of course, the author points out, and I want to emphasize, that the more we rely on digital information and automation, the more we have to pay attention to security. There are experts that are available to help with this issue. Use them!

Don’t be surprised if you see more blogs from me on related topics in the future. I’m on a roll, trying to read everything on these topics I can, so that my office and I will be in a position to assist our attorney agents as they grow and thrive. Grow and thrive with us!

FORE!! Now Columbia sees new golf course redevelopment issues

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Golf course redevelopment is clearly a hot topic in the real estate industry, and this is my third blog on the topic in 2018. The first blog discussed the decade-long litigation surrounding two golf courses in Myrtle Beach that eventually allowed for redevelopment despite strenuous objections of neighbors. The second blog discussed the national trend of neighbors objecting to golf course redevelopment on “NIMBY” (not in my back yard) grounds. This blog discusses a golf course closer to home, in Blythewood, The Golf Club of South Carolina at Crickentree.

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An article in The State newspaper dated July 29 by Jeff Wilkinson discussed the bankruptcy, foreclosure and eventual planned redevelopment of Crickentree. The article states that two weeks ago, E-Capital, the national investment firm that owns the mortgage on the golf course, announced this bad news by email to the neighboring homeowners. A public meeting followed where an attorney for that firm told neighbors that the intent is to subdivide the golf course into small lots and build 450 homes. Basic math would indicate the planned density will be much greater than that in the surrounding neighborhood.

The property must be purchased through the bankruptcy proceeding and then rezoned in order to accommodate a residential subdivision on property now zoned for recreational use. And, of course, the neighbors are quite concerned about potentials hits on their property values.

According to Mr. Wilkinson’s article, the Columbia area may suffer from an oversaturation of the market with golf courses. Recently, he said, the former Rawls Creek of Coldstream golf course in Irmo closed, and its owner, the Mungo Homes Co., donated the 116-acre property to the Irmo Chapin Recreation Commission. The commission plans to link the 4.5 miles of cart paths to the Three Rivers Greenway river walks in Columbia and Lexington County. Donating golf courses for recreational purposes avoids possible rezoning and litigation issues that neighbors may raise.

Many golf communities were built in areas with good schools and work opportunities, making them particularly valuable for residential redevelopment. Developers generally do not want to walk away from that value.

So, what prohibits the development of these properties into residential subdivisions? Zoning is one of the challenges. Many golf courses are zoned for commercial uses to accommodate clubhouses, restaurants, pro shops and bars. Some, like Crickentree, are zoned for recreational purposes. But the main stumbling block may be the NIMBY attitude of neighbors. Residents near golf courses prefer that the properties be turned into parks, open spaces and natural preserves.

In the Deerfield Plantation cases in Myrtle Beach, the golf courses and surrounding residential subdivisions were originally developed beginning in the late 1970’s. The plats contained notes to the effect that the streets were dedicated for public use but the golf courses were to be maintained privately and were specifically not dedicated to public use.

The covenants gave the lot owners no rights, property, contractual, or otherwise, in the golf courses. A Property Report that was delivered to all prospective lot purchasers described the costs of golf memberships, which were not included in lot prices, and stated that to be allowed to use the golf courses, members would be required to pay initial dues and annual dues and fees. The real estate agents made it clear during the sales program that the mere purchase of a lot did not give a lot owner any right or entitlement to use the golf courses. The deeds of the lots did not convey any easements or other interests in the golf courses.

One plaintiff, who was also a real estate agent, testified that he was never told the golf courses would operate in perpetuity and that the real estate agents never told other potential purchasers that the golf courses would always exist on the properties.

What caused the golf courses to fail? When the golf courses opened, there were 30 – 40 golf courses in the Myrtle Beach area. By the time the golf courses closed, there were nearly 125 courses. Property taxes in the golf courses increased from $7,800 per year to $90,000 per year.  And then the economy tanked. These three factors have occurred across the country to varying extents.

Now, let’s look at South Carolina law. In one of the Deerfield orders, Thomas J. Wills, Special Referee, examined the law of implied easements in South Carolina. I’m summarizing and eliminating the citations for this brief discussion.  The Order states that implied easements are not favored by the courts in South Carolina and must be strictly construed. The intent of the parties controls the existence and scope of implied easements, and the best evidence of that intent is the recorded documents. While case law in South Carolina is clear that lot owners in subdivisions hold easements in streets shown on plats by which their lots are sold, the order states that this rule does not extend beyond access, which is necessary and expected for residential purposes. Finally, the order states that no implied easements in views, breezes, light or air exist in this state.

After many years, these Myrtle Beach golf courses will be redeveloped into new residential subdivisions. It may take many years before the Crickentree property will be in a position to be redeveloped. Will we see more of this litigation in South Carolina?  Probably. While the law in South Carolina appears generally to favor redevelopment in these cases, there is no doubt that the facts in some of the situations may give rise to implied easements in adjacent lot owners, even in the face of our law. As long as we have NIMBY attitudes of those who live near defunct golf courses, we will continue to see litigation in this area.