Lawyers, Should You Ask For Business?
Scouting the Legal Blogs I read an ‘interesting’ article, “How lawyers should ask for the business,” by Roy Ginsberg at The Lawyerist, in which he says (to cut to the chase) “Don’t”.
Ginsburg’s approach believes that asking for business is not only “unethical to do,” but it is “best not to.” Ginsburg does make note that many states’ ethics rules prohibit direct solicitation for business from prospective clients, with some exceptions.
Ginsberg states:
When I was an in-house lawyer (about a dozen years), I was constantly solicited and hated when “asked for the business.”
First, it insulted my intelligence. When networking and trying to develop relationships with potential clients, one should confidently and enthusiastically tell the person what they do, they love what they do and get great results when they do it. Period. Whenever I heard that, I could certainly connect the dots that this person wanted my business in whatever area talked about; I didn’t have to be hit on the head.
But more importantly, I hated it because it placed me in the uncomfortable position of having to say no. I liked most of the people who were trying to get my business and never appreciated having to be the bad guy telling them that the timing was not right or whatever reason I came up with.
On the other side, marketeer Carolyn Elefants suggests in her “Nolo’s Legal Marketing Blawg,” that building relationships includes cold calling and asking for business:
Before you embark on cold calls, consult your bar rules. Most bars prohibit phone calls soliciting business from consumer clients. But these restrictions don’t prevent you from contacting other lawyers or professionals to ask for business. Likewise, if you represent more sophisticated clients, you can probably contact in-house counsel or an executive at the company to set up a meeting to discuss your services.
So, which way is best? As a business development and sales executive for a number of years with both small, private companies as well as larger, public companies – the “don’t ask for business” philosophy doesn’t work, and in fact has proven to hurt more than it helps. The fact is, “people buy from people”. I always say, “Sales is a people helping people business,” and when you attend networking meetings or you meet a other legal professionals at open houses, conferences, trade shows and events, having the confidence in asking them for business works!
Although most people do not like asking for business, the problem comes on how they ask for business. Ginsburg admittedly believes that his intelligence is being insulted — which is different website entirely in itself — and thus is the reason he feels that you shouldn’t do this method. Don’t fall into the trap of assuming everyone should think like you. I might not like e-mail because I get tons of junk e-mail, does not mean I should suggest people do away with e-mail. Although some do abuse asking for business because of ignorance, does not mean it’s unethical. Spamming is unethical, but e-mail is not.
Having an expectation, or “connecting the dots,” by understanding how excited they are about what they do, and just how awesome they perform their skill set, will be sufficient to help them understand that we can perceive they want more business — is stating the obvious. In fact, the obvious errors on that is the fact that nearly all lawyers and law firms want more business – including you!
We know very few, if any, people who don’t want more business. If you ask most law firms if they want more business — especially today with all of the downsizing because of the lack of business — they would say “of course, absolutely, how can we help?” We can all assume from every attorney and legal professional we meet, they would want me to give them more business. When you meet an attorney, you can safely assume they would want a referral from you. But then why don’t we give everyone we meet our business? Because, people buy from people. Relationships!
Yes, I am stating the obvious, but relationships happen fast. We don’t need to pal around someone for weeks and months to feel comfortable to ask for the business. Have you ever meet someone and five minutes later you walk away and think, “that was a nice guy”? We don’t think, “If I get to know them for several months, they might be a nice person.” We build lasting impressions fast… “first impressions” right a bell?
First, I will say the best way to ask for business is in person. Networking groups, conferences, seminars, etc. People see demeanor, appearance (yes professional appearance is important — think how you develop an opinion of someone based on appearance), etc. I will quickly state in regards to the phone, if you must use this method, you need to be quick; people don’t want to be sold over the phone and neither do you, so don’t expect them to like it either. If you call, one suggestion is to give a reason for the call. Send a personal note prior to calling, and then when you call you can simply confirm if they received the letter, and then proceed with a personally introducing yourself and the firm. Perhaps you get calls from clients in their industry, and you want to find out about them. Almost everyone would be happy to sell you why you should have your clients call them. Setting up a meeting to stop by their firm to give them potential business will be easy. The key point of the phone conversation is to set it up so you can find out more about their firm and see if you both can develop a mutually beneficial relationship.
Okay, how I ask for business? First, understand how to develop and build relationships. Again, people buy from people. If they don’t like you they won’t do business from you. Think of how you make purchases for services. If you meet someone who is too arrogant, forget it. Too pushy, they’re wasting your time. Lack of confidence, goodbye! Too talkative, shut up already and quit wasting my time.
Another key is don’t think about “I want to get on this person’s referral list for business.” You must build a relationship! Be genuine, be yourself (hopefully your genuine and not selling snake oil and over-promising). Here is where the rubber meets the road, “Get to know them!“ Find out about them. It is not about you. In order for them to have a relationship with you, you must find out about them. Do you want a relationship with a person who would embarrass you? I don’t think so. So again, don’t think about what they can do for you. How long have they been practicing? What type of law are they practicing? Do you have a similar client base? If not a similar client base, how can you bring value to their firm (perhaps you get calls or clients seeking an area of practice you don’t offer — perhaps now you can help out your clients by referring them to this other firm). Remember, this is not a formal conversation that all questions should be answered in the five minutes. You are simply conversing, and getting to know them. Also, remember it’s almost guaranteed they too are looking for business and they want you to refer work to them. When you find common ground, then you talk about your experience and what makes you different. If you feel it can be a mutually beneficial relationship, ask for the business. (Oh, you are looking for what to say?)
Some people hear the instructions, “ask for business,” and so they think they walk up and ask, “Can I have your business?” Asking for the business is not the blunt and literal asking the question. The key is finding out through conversing (conversation– getting to know the person as explained earlier), how can this relationship be mutually beneficial? Is this a person I could see myself referring? Does the firm have a great reputation? If the answer is “no” to these types of questions; since you won’t refer them so don’t give them your card with an expectation to give you business.
After you have developed this new relationship, then suggest, “I may have some clients that would be a perfect fit for your practice. Here is my business card. And likewise, I would be happy to do some work for you as well.” (You get the idea!) By the way, I like the “old-school” of saying Rolodex. Don’t be stuffy and try to be so formal when asking for business. Be professional yet down to earth and a likable person. Don’t say “here is my business card, perhaps you can add it to your Email Program.” (ha!)
Finally, because you may not like a certain way people approach you, be careful not to throw out the formula. It does not mean the method is broke. For example, it seems like most car salespeople I have dealt with are too pushy, too talkative, don’t listen, don’t know their product… and they bombard me when I arrive and park at the dealership. Obviously I don’t like their method. It obviously works for them, but I don’t like it. Asking for business is simply stating move to the point in the conversation where you commit to help them and they in turn can help you.
Ginsberg doesn’t like the approach simply because of personal experience (“my intelligence”, “I hated”). His advice however is not based on statistics, knowledge and research. The fact is, if done correctly, it is a method that works — just learn how to develop relationships — and asking for the business will be the most rewarding form of new business you will have.
Here Is Bonus Material: Even if you don’t like the approach of how some will ask business from you — remain cool, calm and professional. Although they may be too pushy, if you come across as arrogant and ‘too intelligent’ for them, perhaps almost degrading them, you just developed a reputation that will cost you business. Judgments about people are made on both sides. There is a way to say no thank you while maintaining your professionalism, reputation and character. Being rude in your response will cost you clients – guaranteed!
Oh, and when it comes to cold calling via the phone — Elefants article makes some great points!
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I whole-heartedly agree. Good advice.