The Power of a System

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How to build the law practice of your dreams

power of a systemReaders of this blog know it includes a random book report from time to time, and this is one of those times. I read John H. Fisher’s The Power of a System; How to Build the Injury Law Practice of Your Dreams last summer and I have bought it for more than one real estate practitioner. Today, I recommend it as excellent reading for the readers of this blog.

At the beginning of his medical malpractice firm, Fisher wished for a step-by-step manual for running a profitable practice because, like the rest of us, he was not taught strategic planning, goal setting, business metrics, managing employees, managing clients and marketing in law school.

The author has developed that manual for a personal injury law firm, not just technical systems for running a business, but also the managerial and entrepreneurial principles to keep a constant stream of new cases and clients coming down the pipe.

The three parts of the book, The Technician, The Manager and the Entrepreneur, are based on Michael E. Gerber’s classic book, The E-Myth Revisited, another favorite of mine for law firm management. Gerber’s message is that every lawyer should set aside time each day to work on the business through strategic thinking instead of only spending time working in the business through technical legal work. Fisher’s book provides systems for all three roles the law firm owner must play.

Mr. Fisher provides us with a glimpse into his daily work life through his office rules. Those rules are based on the theory that staff members should handle every aspect of a practice that don’t absolutely have to be handled by the attorney. In the residential real estate practice, the functions the attorney must handle would include the closing, the second review of title, and the resolution of legal issues that arise in connection with conflicts, title and closing. Rules in a residential practice would be in writing and would make it clear that staff members are responsible for keeping attorney time free to touch those matters that only the attorney can handle.

The author’s rules deal with dress code, internet use, cell phone use, personal errands and timeliness, how to avoid interruptions and completing assignments. He has “scripts” in place for handling telephone calls, and insists on answering the phone with a smile. My favorite is his “no-gossip rule”. His rules are robust and demanding. But putting those guidelines in practice and enforcing them would ease day-to-day conflicts and stresses that arise among staff members.

This law firm outsources manual tasks by using companies such as Elance.com (now Upwork.com), Your Man in India (YMII) and Brickwork. The author believes that outsourcing has allowed his business to become a 24 hour/day law firm.

Fisher’s emphasizes treating new clients with “shock and awe” to demonstrate that he “shows up like no one else”. His package includes his book The Seven Deadly Mistakes of Malpractice Victims. Each book is personalized and signed, for example, “Dear Mary”. The package also includes audio informational CDs and a binder of office policies including a “Client Bill of Rights”. Each client should understand communicating with his or her lawyer from the outset of the relationship.

Mr. Fisher believes in setting goals and measuring everything. Measuring law suit time frames reduces costs and increases profitability. Real estate lawyers should set goals and measure time frames for closings. By measuring time frames for title work, surveys, termite letters, receipt of closing numbers, receipt of lender closing packages, commitment preparation, closing document preparation, recording, disbursement, satisfactions and distributing final documents, a real estate practitioner would ascertain where systems are routinely bogged down and would be able to work toward fixing those pressure points.

The author believes in marketing to the “ideal client”. While I usually have to translate books like this for real estate practices, Mr. Fisher did the translation for me in this regard. This is his paraphrased message to us:

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 until they buy another home. You will be broke by the time the homeowners need you again. The ideal client for a real estate lawyer is the real estate agent who refers a steady stream of new homeowners. The goal is not to make money on a single transaction. Rather, the goal is 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.

The book outlines three simple marketing rules that the author says will place a lawyer ahead of 98 percent of the competition:

  1. An informational-powerhouse website that provides killer content on a daily basis;
  2. A monthly newsletter targeted to the ideal client; and
  3. Regular seminars and workshops that provide valuable content to the ideal client.

He gives details on producing the monthly newsletter and establishing regular event marketing in the form of seminars and workshops.

We could all use an entire school-year class in law office management including each aspect of the work Mr. Fisher emphasizes. Since that class doesn’t seem to exist, I will do my best to obtain and communicate the information dirt lawyers need in this regard. As a favorite political pundit routinely says, “watch this space.”

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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.

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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!