Creating Your Personal Marketing Plan

By Debra Bruce, JD




In the last article we talked about preparing to create a marketing plan. Now it’s time to write down your plan. A written plan requires you to organize your thoughts, and provides some accountability guidelines for your activities. This article does not address the specifics of advertising, but if you do plan to use advertising, it should be addressed in your plan, too. Here are five steps to create your marketing plan.

1. Budget marketing time. Decide how much time you will commit to marketing activities each week. It’s important to set a minimum so you will develop a regular habit of marketing activity. You can’t postpone your marketing efforts until you are low on work, because marketing legal services is a long-term process. You have to plant and nurture seeds before you can harvest the fruit. You can’t wait until you need the apples to plant the apple seeds.

Budget a minimum of five hours per week. That will allow for 10 to 15 minutes per day for making a little connections by emails, notes or phone calls. Your other marketing activities will require time blocks of approximately two hours each. You might choose two per week from the categories of (a) in-person meeting over lunch, breakfast, dinner, coffee or cocktails with a client, prospect or referral source, (b) group networking activity such as a bar, civic, or industry association meeting, (c) writing or blogging, (d) online networking in listservs, social networking sites like LinkedIn, chat rooms or forums, or (e) speaking. Some weeks all of your efforts will fall in one category, but try to diversify your efforts over time.

2. Set monthly goals and action plans for developing relationships within your target audience. Choose just one target market to start. Begin building a relationship with at least one new person in that market per month. Experiment with strategies to come in contact with new prospects. If your clients are companies, what industry associations do they belong to? Can you attend their meetings? What conferences or trade shows do they attend? Can you take on a leadership or other visible role in the industry organization once you attend consistently for a while? Can you blog, write articles for their publications, or speak at their conferences? Write down the actions you plan to take.

If your clients tend to be individuals, what problems or other characteristics do they have in common? What groups do they join? Who else serves the same types of people? For example, if you have a wills, trusts and estates practice, can you speak to organizations that financial planners belong to? Can you be a speaker at an event a financial planner hosts for her clients? Can you be an invited guest? Can you speak to retirement or assisted living associations or organizations for new parents or for caregivers of aging parents?

Personal injury lawyers and other litigators often find this step difficult because most people don’t expect to need their services. You may need to focus on developing relationships with referral sources. Can you speak to or write for consumers’ rights groups, union organizations, safety councils or organizations that provide support or resources for people with related problems or injuries? Who else serves the same people – hospitals, doctors, clinics, chiropractors, physical therapists, massage therapists, community services, psychologists, credit counselors, auto repair shops? Are there close knit groups of people who share information and resources with each other, like neighborhood associations, ethnic associations, or religious associations? Can you be a part of and play a helpful role to any of those groups, and thereby become a trusted resource whose name would get passed around? Can you educate them about the legal issues that may affect their members or customers?

Set goals to regularly attend meetings in organizations where you can build relationships with referral sources or potential clients. Designate at least one meeting that you will attend every month. Sporadic attendance gets associated with unreliability, and won’t give you enough exposure to build relationships. You may need to visit several organizations before you find the best ones for you. Look for meetings in which you are interested in the topics discussed, the cause they support, and the people who attend.

3. Set goals and action plans for repeatedly connecting with existing clients and prospects. When a need arises, people prefer to take their problems (or stake their reputation on a referral) to someone they trust. Trust takes time to build, and if you don’t connect with them sufficiently often, they may not think of you when a need arises. Create your reserved parking spot in their brain on the subject you can help with. Set goals regarding how often you will contact them or show up where they show up.

You can connect in many ways. Send a newsletter with useful information. Give them a resource for help with their non-legal problem. Call to check on how the economy is affecting them and their business. Invite them to a social event related to their interests. Share a restaurant review for their favorite food. Keep them abreast of cases or legislation affecting them. Bump into them at meetings they attend. Send a birthday card or holiday card. Send condolences when their team loses a big game, or congratulations if they win. Ask them to be a speaker at an event you help plan. Interview them for an article you write. Every time you connect again, you are reinforcing that reserved parking spot. If you are genuinely interested in helping them with their concerns (regardless of whether they relate to legal issues), you build trust.

4. Track your efforts and your next actions. You may have a distorted picture of what works if you don’t keep records. Make a note every time you connect with your targeted prospect or referral source. When your record shows that it took 12 “touches” to get that new piece of business, you won’t stop at 3 next time.

Your record should also capture your plan for the next action to take. Did you promise to send something? Will you need to set up another meeting when you get additional information? Are you waiting on a response from them? Are you both planning to attend the same conference? When will you touch base with them again?

Choose a recording method you are comfortable with. You can use case management software, a three-ring binder, a chart in Excel or WordPerfect, or even a legal pad. Some attorneys keep a notebook with a page for each prospect and a running narrative of their goals and the actions they take toward them. Some create a prospect chart with names, contact information, decision makers, the needs they have uncovered, results of meetings or calls, and next action steps. You can email me for samples of some tracking charts in Excel.

5. Review your goals, plans and results regularly. That will help you keep a marketing focus and show you where to make course corrections. Over time you will get a better sense of what works for you and how long it takes. Be patient and persistent!

© 2009 Debra L. Bruce

Debra L. Bruce is President of Lawyer-Coach LLC (http://www.blogger.com/www.lawyer-coach.com), a law practice management coaching and training firm. She practiced law for 18 years before becoming the first Texas lawyer to be credentialed by the International Coach Federation. She is Vice Chair of the Law Practice Management Committee of the State Bar of Texas and a past leader of Houston Coaches Inc. You can email her at debra@lawyer-coach.com.

Preparing to Create a Marketing Plan

By Debra Bruce, JD




The beginning of a new year is a good time to set a marketing plan for your legal services. Many lawyers don’t have a marketing strategy, much less an action plan. They use the “Threshold Method.” They take any business that crosses the threshold into their office.

Some attorneys write down marketing goals, but they put about as much thought into them as they do their new year’s resolutions. They resemble a wish list more than a plan. A wish list is better than nothing. At least if you stumble onto one of your goals, you’ll recognize it.

Some lawyers actually write down a plan of marketing activities for the year. This year they plan to give four speeches, attend three conferences and take four clients to lunch per month. At least they have some activities to aim for. They get off to an optimistic start, but their efforts tend to dwindle in a couple of months. Their numbers are specific, but their target audience is not. They lose momentum because they don’t have a focus.

A good marketing plan works like a treasure map, guiding you toward your goal. It gives you specific instructions, with landmarks that will help you gauge whether you are making progress toward finding what you are looking for. You know what you are trying to get to because “X marks the spot.”

You need to do some preparatory work, surveying the landscape before you create your treasure map. Get clear about the treasure you are seeking, and what kind of “X” it will be buried under. The steps described below will get you ready to map out a good plan.


Step 1 – Analyze your existing business.
Give a grade to your existing and former clients. We want to find more of the “A” and “B” clients, and figure out how to avoid the “C” and “D” clients.

“A” – Wish they could all be like this.
Interesting work. Good volume and ongoing. In my sweet spot of expertise and interest. Pleasant and reasonable people to deal with. They appreciate my efforts. They pay promptly and don’t quibble over the bill. Give referrals.

“B” – Good clients, but something is off a little.
Perhaps their work is not in my sweet spot, or it’s low fee or boring work. Perhaps they are unsophisticated users of legal services and are surprised at the bill or the time involved. They pay, but don’t really have an appreciation for the value they are getting. May give referrals.

“C” – Several things don’t fit.
Very fee sensitive. I wind up writing off some of my time. They pay but not timely. I have to dun them. I don’t really enjoy their work, or never know whether there will be more. I get last minute notice of their needs. If I were flush with business, I would refer them to someone else.

“D” – Pain in the neck.
High maintenance. Unreasonable expectations. Self-created crises. Frequent phone calls. Want the lowest rate. Pays slow. Client creates a lot of stress on our office. Tries to renegotiate the fee. Doesn’t give me all of the info I need.

Where did the “A” & “B” clients come from?

If networking or advertising, what kind? How long were you involved with that group or campaign?

If referred – what kind of referral source? Other attorneys? Former clients? Friends or family? Other vendors of products or services to same market?

How did you get to know the referrer?
If speaking or writing – what venue? What topic?


Step 2 – Describe your ideal client.
What kind of work do you do for them?

How else do you really serve them?

What industry are they in?

What title or level does the hiring decision-maker have?

What size is the company in terms of annual revenues? Number of employees?

If an individual, what income level, estate size, injury level, or other threshold does the client exceed?

What feels good about working with that kind of client?

How does working with them align with your passions or interests?


Step 3 – Identify your client’s need or desire.
What complaints, worries or problems do your best clients bring to you? What do they say? What questions do they ask? What is their pain?

What is your client’s dream? What are they hoping to achieve that you can help with? How do you make that individual’s life better, easier, less stressful or more fun?

If the client is a company, answer the above about the hiring decision-maker personally first, then about the company.


Step 4 – Identify what sets you apart from your competition.
List special expertise, experience or background that you have, connections you have.

What is the niche of service you provide? Determine the niche you will market to. You don’t have to turn away business outside that niche, but you need a market focus. Make the marketing niche as narrow as you can.


Step 5 – Develop your marketing answer to “What do you do?”
“I help (type of person or company) with (their problem) by (what you do for them)” or “I help (who) to (what they want to achieve).”

Example: “I help parents get through divorce without making it even worse.”

For tips on crafting your statement, read “Get Remembered” in the archives of The Practice Manager.


Step 6 – Identify where to come into contact with people in your niche market.
What industry organizations or trade associations do ideal clients in your niche market belong to?

What country clubs, sports clubs, social clubs, online networks or special interest groups do they belong to?

What articles, magazines, trade publications, Listservs or blogs do people like them read?

What conferences, seminars, conventions or trade shows do they attend?

What non-profit boards are they on? What non-profits do they support?

Who do they turn to for advice or referrals?

Who are the blabber-mouths that love to tell everyone about the best restaurant, the best movie, the best hair stylist, the best lawyer?


Step 7 – Identify where to come in contact with referral sources.
Where do they work? What do they do?

What organizations do they belong to?

What conferences and trade shows do they attend?

What blogs or Listservs do they comment on?

What networking groups (in person or online) do they get involved in?

What needs do they have? How can you help them? What referrals can you give them?


Step 8 – Identify the most comfortable/enjoyable marketing activities for you that will put you in touch with potential clients and referral sources.

What hobbies or other activities do you enjoy that can be done regularly and in large groups?

What organizations can you become active in and consistently attend which have potential clients or referral sources attending?

Do you like to write? What are some frequently asked questions can you answer? What developing issues or current events can you discuss? What innovative ideas or perspectives can you share? What publications might be interested in your article? Trade journals are always looking for free articles by reliable sources. Newspapers need new articles daily.

Are you comfortable with public speaking? What organizations and venues would be receptive to your talks?


If you have answered all the questions above thoughtfully, you now have some good clues to finding your treasured clients. With this preparation, you are ready to write a real marketing action plan with step-by-step instructions. Happy hunting!

© 2009 Debra L. Bruce

Debra L. Bruce is President of Lawyer-Coach LLC (www.lawyer-coach.com), a law practice management coaching and training firm. She practiced law for 18 years before becoming a professionally trained Executive Coach. She is Vice Chair of the Law Practice Management Committee of the State Bar of Texas and past leader of Houston Coaches Inc., a chapter of the International Coach Federation.

Which Marketing Book Can Help You?

By Debra Bruce

Many of my clients ask me to recommend books that can be good tools or reference materials for enhancing their law practice management skills. Today I’m sharing with you my reviews of three popular books that address business development for lawyers.

1. Rainmaking Made Simple: What Every Professional Must Know by Mark M. Maraia. Maraia writes in an easy to read style, and gives numerous real life examples of how attorneys have successfully implemented the techniques he recommends. Those anecdotes shift the conceptual into the concrete, a real strength of the book.

Maraia’s book is ideal for attorneys who find marketing daunting, unpleasant or bothersome. He teaches the reader how to make marketing fun, or at least, in his words, “less torture.” He helps lawyers find ways to market their law practice while doing things they already like doing. He teaches them how to become more effective at the marketing techniques they have already attempted, and encourages them to stretch a little into some new activities.

The Maraia Method® focuses on relationship development. Some other business development books say things like (and I’m quoting) “Develop a relationship as early as you can….This can start in modest ways, such as gathering information about the prospect and establishing a rapport during the selling process.” Duh! But exactly how do you accomplish that? Maraia tells you. For example, in Chapter 18: The Myth of Asking for the Business, Maraia gives specific advice on how to build your prospect’s trust through the kinds of questions you ask.

Each chapter is only about 4-5 pages long. That allows you to pick a topic and read up on it on a “just in time” basis. Going to lunch with a prospect? Read Chapter 17: Avoiding Random Acts of Lunch. Scheduled to give a speech? Read Chapter 34: Using Speaking to Win New Clients. Serving on a non-profit board? Read Chapter 31: Building Relationships with Board Members.

Small firm attorneys may be turned off by the book’s tendency to focus on the business development issues of big law firms, with chapters such as “Making Cross-Selling Work in Your Firm” and “Measuring the Return on Investment in Marketing Training.” Nevertheless, most of the principles in the book will also apply to solo and small firm practices.

In the spirit of full disclosure, I must point out that I have been a member of the team giving follow-on coaching in connection with the Rainmaking Made Simple training program for several years. I formed my positive opinions about the book before teaming up with Mark Maraia, however.


2. How to Get and Keep Good Clients by Jay G. Foonberg and How to Start and Build a Law Practice by Jay G. Foonberg. Foonberg is an icon among law students who want to start their own law firms. His books have the “honor” of being the most frequently stolen from law school libraries. How to Start and Build a Law Practice is in its fifth edition and How to Get and Keep Good Clients is in its third edition, attesting to their long-term value in the legal marketplace.

I applaud Foonberg for giving very specific suggestions, such as a sample draft of a follow-up letter after attending a convention or trade show; suggested language to use in inquiring about why a client doesn’t send you referrals; and what to say when someone asks for a business card and you don’t have one.

A weak point: sometimes Foonberg addresses extremely basic issues, such as “The Role of Clothing in Marketing Yourself.” A strong point: he peppers the books with concrete suggestions on how to increase your visibility in the marketplace and position yourself as an expert. Many of those suggestions can be implemented by both new and more seasoned lawyers.

Foonberg’s books are good resources for new lawyers, providing advice on how to get started from the ground floor. A new lawyer should seek other resources in addition to Foonberg, however. Despite the revised editions, his books have become a bit outdated.

Although I think Foonberg gives a lot of sound advice, I disagree with some of it. For example, in his chapter on what to say when someone asks what you do, Foonberg leans toward trying to sell yourself as able to handle a wide range of matters. In my article in the June 2007 issue of The Practice Manager titled “Get Remembered,” I advised keeping your answer simple and concrete, which usually requires you to narrow the field, instead of broaden it. Concrete imagery makes your response more memorable and repeatable. That increases the likelihood that your listener will think of you when he (or a friend) has a need for your services. (If this explanation isn’t concrete enough, just read my other article.)

Some people don’t like the format of Foonberg’s books. Many of the “chapters” are less than a page in length, with each chapter starting on a new page. That presents the content in a choppy way, and makes the hardback copy fat and heavy.

I don’t really recommend Foonberg’s books for experienced lawyers. They are more appropriate for newer lawyers who haven’t really found their niche yet, and aren’t familiar with the myriad of issues they will face in managing a law practice.


3. Rainmaking: The Professional’s Guide to Attracting New Clients by Ford Harding. Harding’s 1994 classic was updated, re-titled and re-released in March 2008 as Rainmaking: Attract New Clients No Matter What Your Field. The newer version contains some added chapters, but whichever version you purchase, it will be well worth the price.

Many lawyers go about their marketing efforts in a haphazard fashion, trying this and that, now and then. They have little clue as to which efforts really pay off. If you recognize that you need to become more systematic and strategic about your marketing, Harding tells you how to do it. He provides charts, lists, questionnaires and forms that guide you step-by-step in networking, writing articles, getting publicity, making presentations, building client relationships, writing proposals, setting fees and identifying which marketing strategies are more suited to your practice.

This book would be a great help to a lawyer who has experienced modest success, but wants to ramp up the revenues. Harding’s method requires the lawyer to invest some time in planning and analysis, but if she does all of the exercises he recommends and implements a consistent marketing plan, I have no doubt she’ll succeed.

Today even seasoned lawyers find the ground shifting under their feet when it comes to legal marketing, and they are looking for resources. I hope these book reviews will give attorneys a sense of where to start. For finding strategies that involve the Internet and technology, however, I recommend surfing the web. Technology and the opportunities it creates keep changing too fast for book publishing to keep up.

Debra Bruce (www.lawyer-coach.com) practiced law for 18 years before becoming a professionally trained Executive Coach for lawyers. She is Vice Chair of the Law Practice Management Committee of the State Bar of Texas, and board member and past leader of Houston Coaches Network, the Houston Chapter of the International Coach Federation. She welcomes your questions and comments at debra@lawyercoach.com or in the comments section of this newsletter.

Creativity and Innovation as a Marketing Tactic

By Debra Bruce

At a dinner party recently, a lawyer and I discussed theories about the struggles many law firms are facing. Today the market place changes rapidly, but changing something in a law firm can be harder and slower than turning a battleship.

My theory was that, as lawyers, we focus on the past and on precedent. We actually have an aversion to innovation and change because too much innovation in the law creates unpredictability and instability in society. On top of that, we spend most of our time on behalf of our clients trying to determine who is at fault and assigning blame (and damages), or trying to protect against every risk that could possibly arise as the result of all the negligence and malfeasance in the world. We are too expert at pointing out the problems and risks of any new idea, and too unpracticed at seeing the benefits and possibilities.

As if on cue, the next issue of Texas Lawyer included an article titled, “Law Departments and Firms Should Nurture Creativity” (February 5, 2007). Although most of the article discussed how lawyers suppress creativity, it included several examples of innovations by corporate law departments. I promptly sent quotes of some of the innovative ideas and a link to the article to appropriate clients and prospects, as well as to the lawyer from the dinner party.

When you see new ideas, do you think of how your clients might benefit from them? Or do you just keep your focus on the law? When I trained as a young lawyer, I was taught to stick to the legal issues, and avoid the business issues. Today, however, the biggest rainmakers are the lawyers who become trusted advisors, sounding boards and doors to resources for whatever challenges their clients face.

What would your clients think if you said, “I was reading about the improvements in X, and I wondered whether that might be opening up a market opportunity for your company in our area.” What message would it send to your client if you were to share with them the innovations you see in other industries that might apply to their business? What would your client’s perception of you be if you said, “You know, I’ve been thinking about the recurring litigation you have been facing, and I wondered whether X change in procedure would reduce the number of cases.” Some litigators reading this are thinking, “Litigation business is already down right now. Why would I want to help reduce it further?” To them I respond, “When litigation is down, how do you think clients choose which few lawyers will get the cases they do have?”

I think most clients would perceive such discussions as an indication that you care about their success; that you see yourself as a member of their team. Such discussions especially foster trust when the client sees you hold their interests ahead of your own. In an era of increasing competition in the legal field, you can stand out amidst armies of qualified lawyers by demonstrating to your clients, prospects and former clients that you focus on and care about their success.

And what about innovation? The February 5, 2007 Texas Lawyer article cited a survey of in-house counsel respecting the three most distinguishing attributes of successful outside counsel. Only 6% named creativity. It is not clear from that report whether corporate legal departments don’t really look for innovation and creativity when they hire outside law firms, or just don’t find it.

Anecdotal evidence supports the argument that business people (if not in-house counsel) want creative lawyers who offer more than just legal advice. Take the case of the outside general counsel chosen for the San Antonio Spurs basketball team. In a Texas Lawyer article entitled “J. Tullos Wells Scores as Outside General Counsel for San Antonio Spurs” (July 18, 2005), Jack Diller, the Chief Executive Officer who engaged Wells said “I was looking for someone who blended a strong knowledge of the San Antonio market with the ability to be creative in terms of reacting to the kinds of changes that had taken place in NBA basketball.” Notice he didn’t say he was looking for the lawyer who had the most legal expertise, or who had tried the most cases, or who had closed the biggest deals.

Texas Lawyer also reported that Rick Pych, the Executive Vice President for Corporate Development of the Spurs, said that the Spurs’ reliance on Wells went well beyond providing the team with legal advice. They also relied on him for advice on the role the Spurs should play in the city of San Antonio. Diller further recounted that Wells learned how to work the NBA salary cap so the team would have money to acquire a valuable player later. That required planning ahead and conducting business in a way that would position the team to take advantage of the cap when other teams couldn’t.

If you want dream clients, be their dream lawyer. Wells noted that only 29 other lawyers on the planet get to do what he gets to do. It’s pretty hard to compete with a lawyer like Wells, who creatively solves his clients’ problems and helps them run their business more effectively.

This month, be a shining star in your client’s eyes. Lawyers called “brilliant” are usually the ones who find new solutions to old problems, or who innovate quickly enough to keep pace with the development of new problems. Keep your eyes, ears and mind open for brilliant solutions to their challenges, even if they don’t involve legal issues.

It’s All for a Good Cause

By Debra Bruce

More accurately, it’s for two good causes: your bottom line, and the promotion of a charity or social cause that you believe in. I’m talking about “cause marketing.” Cause marketing (also known as cause-related marketing) has been defined as a partnership between a company and a non-profit organization that increases the company’s sales while raising money and visibility for the cause.

An early and often cited example of successful cause marketing involved raising funds for the restoration of the Statue of Liberty in 1983. American Express pledged a one-cent donation for every transaction made by its cardholders. American Express donated $1.7 million to the restoration, and experienced a 28% increase in card usage, creating a win for both organizations.

Cause marketing works best when there is an obvious link between the company and the cause. Bayer Aspirin paired up with the American Stroke Association to raise money for ASA and to educate the public about strokes. Bayer’s sales increased 9% over the same month in the previous year.

Research shows that cause marketing creates additional benefits that endure beyond the marketing campaign. Cause marketing has been shown to differentiate the marketer from competitors, increase brand loyalty and credibility, and even enhance employee recruitment and retention, as employees align with the cause and feel proud to be associated with a company doing good works.

If you don’t have a big advertising budget, you may be wondering how cause marketing can help your law practice. If your firm has a charitable donation budget, you may wish to identify a charity that closely aligns with the firm values and interests and those of the target clients of the firm. Create a long-term relationship with that charity to maximize public relations opportunities and to create a common bond with the cause among employees. Get media and other organizations involved in events that highlight the charity to help you have real impact on the cause you are supporting. Many charities now have departments that can help you brainstorm and orchestrate publicity campaigns.

Your genuine interest and concern for a cause can inure to your marketing benefit, even without the commitment of substantial funds or a true cause marketing campaign. By way of example, art lovers can participate actively in one of the Lawyers for the Arts organizations found in many states. Houston has the Texas Accountants and Lawyers for the Arts (TALA). Participation in and support of that organization by a business lawyer can nurture referral relationships with accountants while also nurturing promising artists. If you support public radio, for a fairly nominal sum you can have your firm’s name repeatedly broadcast over the radio by offering to match donations (up to a limit) made to the local station during their fundraising campaign.

I recently saw an excellent example of how support for a cause you feel passion for can garner good will and publicity for your practice and your firm. Thomas Kline, a litigation partner in the Washington, D.C. office of Andrews Kurth LLP feels passionate about the recovery of artwork looted from Jewish families during the Holocaust. He became the featured speaker at an event orchestrated by the Association of Women Attorneys at the Holocaust Museum Houston, as an expert on the difficult challenges involved in such recoveries. The event sparked an AWA member to seek his assistance to return what she believes to be such looted artwork. The Houston Chronicle picked up the story and ran a piece on Kline, the AWA member, and her sculpture. Later the AWA newsletter ran a feature article about Kline’s assistance and his speech. One could reasonably speculate that he gained goodwill and name recognition with potential clients and referral sources as a result of his efforts on behalf of a worthy cause. And now he’s getting a little additional publicity in this article, which will reach some more potential referral sources.

What cause strikes a chord with you? Does it align with your practice in any way? For example, if your firm has a family practice that includes adoptions, you might take on a significant role in supporting and promoting a children’s home, which could include providing some pro bono adoption services. If your firm represents construction companies, perhaps your activity to support the construction of a new hospital wing will keep your name in front of some potential clients. If you never outgrew your fascination with dinosaurs, getting involved with the natural science museum may foster a relationship with a wealthy patron whose company would make a great new client for your firm.

What cause are you passionate about? Following your heart just might lead you all the way to the bank!


Debra Bruce (www.DebraBruce.com) practiced law for 18 years, before becoming a professionally trained Executive Coach for lawyers. She is a member of the Law Practice Management Committee of the State Bar of Texas, and the co-founder of Houston Coaching Network, the Houston Chapter of the International Coach Federation.