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Build It! The Law Firm Associate’s
Guide to Business Development
ONE REALLY GOOD IDEA EVERY DAY

attorneyatworkTMKICKER

Contents
BUILD IT!
Editors’ Note: Ask This Question | 2
Business Development Starters for
New Associates | 3
By Sally J. Schmidt

17 Things I Wish I Knew as a First-Year Associate | 7
By Jay Harrington

Your Five-Step Marketing Plan | 9
By Ross Fishman

20 Legal Marketing Maxims | 11
By Robert DenneySix Steps to Single-Minded Marketing | 12
By Merrilyn Astin Tarlton

How to Lay the Groundwork for Effective
Personal Networking | 14

How to Keep Your Referral Sources Vibrant | 19
By Mike O’Horo

How to Handle an Angry Client | 21
By Merrilyn Astin Tarlton

Keep Your Cool! | 23
By Ryan Sullivan

Didn’t Get the Work? Now What? | 24
By Merrilyn Astin Tarlton

When You Lose a Client | 25
By Merrilyn Astin Tarlton

Relationship-Improving Steps for Better Business Development | 26
By Jay Harrington

Three Tips for Becoming More Resilient | 28
By Shawn Healy

The Ultimate Answer to Tough Questions | 30

By Theda C. Snyder

By Annie Little

How’s Your Image? | 15

Business Development Resources | 31

By Theda C. Snyder

How to Work a Room | 16
By Sally J. Schmidt

About the Authors | 32
About Attorney at Work | 33

How to Ask for Business? Ask the Experts fromthe Legal Marketing Association | 17

1 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkEDITORS’ NOTE

Ask This QuestionIt starts with a rush — new place, new people, new rules. (Newshoes!) When the adrenaline wears off, and you begin to settle in,
the real stress kicks in: Wondering if your work is being noticed,
and what they’ll say at your next review. If you’re human, at every
step on the path to becoming a law firm partner — one withclients of your own — you can’t help asking:“Did I get it right?”
Ask a Different Question

long gone when you could wait until you’d been practicing for five or
six years before troubling yourself about finding your own clients.
Today, you certainly won’t make partner without it.
The good news is that there are steps even a brand-new lawyer can taketo quash any question of his practice-building acumen. So, instead ofwondering “does he have what it takes,” they’ll be asking, “How do we
make sure he stays?”

Every day, you work just as hard (harder!) as the next associate,
log as many hours, and demonstrate your intelligence with astounding
regularity. Of course you want to get the work right. But to get to thenext level, you’ll need to ask a slightly different question:

So, What Can You Do?

“What am I doing to demonstrate my value to the firm?”• Find your inner networker

Because somebody is already asking these questions about you:
• Will she be able to bring enough work to the firm?
• Does she have the potential to develop her own clients and build apractice — to be an asset, and not a drain?
• If not, can the firm afford to keep her?
Of course, we all know by now that the ability to get and keep clients is
one of the more important arrows in a lawyer’s quiver. The days are

2 | Build It! Law Firm Associate’s Guide to Business Development

That’s why we’re here. For this e-zine, we gathered the best of Attorneyat Work’s expert advice to help you:• Figure out what you can do NOW on the marketing front• Overcome “people problems”• Avoid common mistakes• Build your image• Show them you’re a keeper!
Take in the advice from our marketing experts and, as always, keep
reading Attorney at Work for “one really good idea every day.”— Joan Feldman, Editor (joan@attorneyatwork.com)

Attorney at WorkBUILD IT!

Business Development
Starters for New Associates
BY SALLY J. SCHMIDT
I remember when partners would say
to associates, “Don’t worry about
getting business. Just spend
your time doing the workand learning your craft.”
Then, firms would make someone
partner and tell them to build
a practice. Without having
planted the seeds as an
associate, it was an uphillbattle at best. Those
days are gone.

While in most law firms, the No. 1 priority for associates is still to
become excellent lawyers, many firms are asking their young people
to start thinking about marketing and business development earlier intheir careers.
I think it’s a great idea. At the same time, however, it’s important toestablish and communicate reasonable expectations. It would be rare
for a sixth-year lawyer in white-collar litigation, for example, to haveopportunities to generate business, given what’s at stake for clients. On
the other hand, practices with less money or perceived risk involved,
such as estate planning, might present immediate prospects.
That said, I have conducted a number of associate workshops andfound an incredible desire for practical information on how to build
a practice. Regardless of the substantive area involved, there are manythings young lawyers can and should do to set the stage for future marketing and business development success.
1. Pay attention to your internal marketing efforts. As an associate, yourmost likely source of business, of course, is the partners in the firm.
Working on matters for a partner’s client gives you two vital things:• Experience, so you have something to market someday to others.
• Exposure to clients, through which you can build your client service skills and relationships.

3 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at Work

Business Development Starters“For your outside activity to be helpful for future businessdevelopment, you must make a real commitment to it —dive in, attend meetings and get involved. For your contributions to be genuine, you must feel some passion for theorganization, its subject or its cause.”

So treat partners like clients. Practice good client relations skills on
them. For example, identify their expectations up front; keep them apprised of the status of the matter; be responsive; and follow up when the
project is completed. In addition, be active in the firm. Show initiative
by offering to write for a practice group newsletter; sign up to attend a
baseball game with clients; or make a presentation to another department after attending a CLE program. Internal visibility will result in
more good work and good marketing opportunities.
2. Manage relationships like they are your most important asset. I recent-ly met with a partner to discuss his business development efforts and I
asked how he tracks his contacts. He showed me a huge stack of business cards in his desk with a rubber band around them, admitting there
were many people in that deck whom he cannot recall.
As a young person, you may find it hard to believe but it’s true: You
think you will remember your contacts, but you will not. You think you
will stay in touch with people, but you will not. Not unless you organize
and manage them, that is.
Keep track of undergrad and law school friends, former colleagues,
contemporaries at client companies or co-counsel firms, experts,
friendly opposing counsel, bar contacts and other professional acquaintances. It doesn’t matter how you do it — use Excel, Outlook, a notepador the firm’s client relationship management (CRM) database — just do
it. This is especially important if you don’t like networking and meeting
new people. At least you won’t lose track of those you already know!

4 | Build It! The Law Firm Associate’s Guide to Business Development

3. Create your own experience database. As is the case with your con-tacts, you may think you will recall everything you have worked on,
but trust me, you will not. I can’t tell you how many partners, when preparing a pitch or for a meeting, will say something like, “I wish I could
remember how many of these I have done.”
Why is this important? Because a lot of lawyers can say they
worked on deals — but how many can cite the number of deals in a particular industry or the aggregate dollars involved? A lot of people cansay they have participated in arbitrations — but how many can recall
the number of arbitrations or the specific issues involved? Numbers andfacts are very compelling to prospective clients.
As an added bonus: If you ever try to get certified in a practicearea or elected into a credentialing organization like a “college,” youlikely will need this information anyway. You can track it however
you like but many associates find it helpful to do it in conjunction with
their annual self-assessment.
4. Become active in an organization. Every lawyer needs to be involvedin an outside organization and, ultimately, its leadership. Done right,
this will:• Help you meet people and build your network of contacts.
• Allow you to give something back to the profession or thecommunity — which people expect of lawyers.
• Help you build your leadership skills and a reputation as thekind of person who can get things done.

For pure business development, some organizations may be better
than others. For young lawyers, however, I am less concerned about
what the group is than the lawyer’s commitment to it. For example, aseventh-year lawyer with whom I work is a member of a service organization and landed an eminent domain issue when the group’sbuilding was targeted by the city.

Attorney at Work

Business Development Starters

If you are seeking an organization in which to get involved, yourchoices are many:“By starting early, you gain several advantages:• School-related groups, such as your college or law school alumni
association

creating good lifetime marketing behaviors, and l• Bar association entities, such as the Young Lawyers Division of the
ABA or your state barpressures are less intense.”• Industry groups, like a local forum for start-up tech companies• Community or civic groups, such as a library or homelessshelter volunteer group• Diversity or affinity groups• Organized activities, like an annual marathon or
charity golf tournament• Social or networking groups, like a breakfast club ofyoung professionals
For your outside activity to be helpful for future business development,
you must make a real commitment to it — dive in, attend meetings andget involved. For your contributions to be genuine, you must feel somepassion for the organization, its subject or its cause.
5. Show what you know. Substantive expertise is still a work in progressfor most young lawyers. Still, I believe associates should aim to complete one “thought-leadership” activity each year, which could include:• An article for a newsletter, blog or website, whether published by
the firm or an outside source• A speech, which could be given at an internal firm meeting (e.g.,
for a practice group), a firm-sponsored event for clients (like a
webinar or seminar) or something sponsored by an outside group(such as the aforementioned organizations)

5 | Build It! The Law Firm Associate’s Guide to Business Development

getting a leg up professionally on contemporaries,
earning marketing skills when the expectations andOpportunities are easier to obtain than you might think. For subject matter, you only need to know more than the reader or audience
member. For example, you could track the whistleblower cases in yourcourts and report on trends over the past five years. Or you could
identify a niche within a niche (e.g., M&A issues involving government
contractors) in which you have had some experience.
And, don’t forget, you can always team with a firm partner, a client,a referral source or another “authority” if you need more substantive
expertise or gravitas. In fact, my very first published article was coauthored with a faculty advisor from my MBA program.
6. Build your platform. Finally, you need to get comfortable with how

you present yourself to people — your personal brand. This takes many
forms, including:• Your “elevator speech” — how you describe what you do(and what the firm does)• Your firm website bio• Your LinkedIn profile
Spend time thinking about how to describe your practice. Create different versions for different audiences (e.g., an HOA meeting of neighbors
versus a law school reunion). In all cases, focus on the kinds of clientsyou represent, what you do to help them and ways in which you (or thefirm) are different.

Attorney at Work

Business Development Starters

Be conscious of your personal brand when you talk with people,
whether it’s a partner from whom you’d like to obtain more work or
someone unrelated to the firm. And keep your brand message up to
date. For example, review your firm bio and LinkedIn profile at least
twice a year, adding new areas of expertise or interesting new representative cases on which you’ve worked. Your practice will change andyour experiences will grow, so you need to make sure you are always
presenting the best version of yourself.
It’s Investing in the FutureMarketing and business development can be frustrating for associates
because the return on today’s investment is clearly sometime well into
the future. However, like the time value of money, the earlier you start,
the greater your potential.
More and more young lawyers are actively seeking ways to get
involved in marketing and business development. In some cases, theirfirms encourage it; in others, the associates recognize the importanceon their own. Either way, by starting early, you gain several advantages: getting a leg up professionally on contemporaries, creating good
lifetime marketing behaviors, and learning marketing skills when the
expectations and pressures are less intense.
Will Any of These Steps Bring in Business?

Probably not, at least not in the short term. But each is an
essential building block to your future marketing and businessdevelopment success.

GETTINGCLIENTSFor Lawyers Starting Out
or Starting Over
Merrilyn Astin Tarlton’spractical book is theanswer to every lawyer’s
perennial wish:“Tell me what to do
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6 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkBUILD IT!

17 Things I Wish I Knew
As a First-Year Associate
BY JAY HARRINGTON
A family friend will be graduating from law school thisspring and starting his career at a large law firm next fall.
Asked to provide some advice, I started compiling tips
and recommendations — things to do and not to do. As I
considered my own experiences as a first-year associate ata big firm, and subsequent experiences as a more senior
attorney, I quickly

Here’s What You Need to Know

For what it’s worth, and in no particular order:
1. Being busy is no substitute for being productive. Billable hours are im-

formulated a list

portant, but the most valued associates are those who not only bill, but
get the job done. Be a finisher.

that required ascroll rather thana Post-it.

There are so many things not taught in law school that are only learned
by young lawyers through the hard-knocks school. These tips areintended to help young lawyers develop the attribute that is the single-most important building block for future marketing and businessdevelopment efforts — namely, becoming an excellent attorney.

17

2. Stop making excuses. You may get an occasional unfair review, or

you may not get along with a particular partner, but law firms are, by
and large, meritocracies. You must own up to your shortcomings, failures and disappointments. Learn from them.
3. Work on your writing skills. This will serve you well wherever your17

7 | Build It! The Law Firm Associate’s Guide to Business Development

career takes you. Identify the skilled writers in your firm and emulate
their writing style.
4. Learn how to use a calendar. You’ll soon be busier than you can imag-

ine and you don’t want to miss a conference call or blow a deadline.

5. You have no idea how much partners value good associates. This may

not be clear to you at first, but it will be after a couple of years.

Attorney at Work

17 Things I Wish I Knew as a First-Year Associate

6. You have no idea how much partners detest bad associates. Did you

really think they wouldn’t notice subpar work or a bad attitude?

7. Understand business and learn from clients. Just because you went to

START FAST: GOOD ADVICE FOR NEW ASSOCIATESHarvard doesn’t mean you’re smarter than your client that went to StateU. After all, who built the $100 million company?

In Jay Harrington’s monthly column for Attorney at Work, you’ll find more
advice on getting started off right as a new associate. Here are a few links to
his most popular posts.

8. You’ll never develop clients sitting behind your desk. You may not• Why Are You at the Office Until 10 p.m.?

consider yourself a “schmoozer” or think that networking is important.
Get over it. So you were told that generating business is not importantas an associate? How do you think you’re going to stack up when being
reviewed against your colleague with a book of business?
9. Eight years will go by faster than you think. Study the attributes, skills• Four Productivity Building Blocks of Effective, Efficient and Happy Lawyers• The Stoic Associate: How to Deal with Feedback and Worry Less
• Path to a Successful Legal Career: Learn to Love the Process• Tips to Overcome Impostor Syndrome as a Young Associate

and approaches of the associates that make partner at your firm. Model
yourself after them.
10. Be serious, but please don’t take yourself too seriously. You are a first-

year. You have a lot to learn.

11. Treat your colleagues with respect. Be respectful and courteous toparalegals, marketing staff and assistants at your firm. You are going toneed them to bail you out of a jam soon.

tions and being rude, condescending or unfair. Attorneys with highexpectations for associates are usually top performers (i.e., the ones you
want to hitch your cart to).
15. Get out of your silo. Large firms have experts in almost every con-nect with family and friends. Just kick butt when you get back.

ceivable skill set and practice area. If you’re a bankruptcy lawyer, you
can always tap a litigator to take that deposition or put on that witness.
But you’ll become a much stronger, well-rounded lawyer by getting outof your comfort zone and learning to do it yourself.

13. Don’t be afraid to say no. If you’re too busy to take on that new client

16. Prep your family/significant other. Practicing law at the highest levels

12. Take vacations. Enjoy your time off. Recharge your batteries. Recon-matter, or non-billable project, say so. The implications of taking on
something you can’t follow through on will be exponentially worse than
any impression created by saying no. (Note: this presumes you are, infact, too busy.)
14. Don’t hide from that notorious partner. There’s at least one, usually

many, in every firm: the attorney who has a reputation for being brutal
to work for. There’s a big difference, however, in having high expecta-

8 | Build It! The Law Firm Associate’s Guide to Business Development

is demanding, stressful, at times unreasonable and occasionally outright
unfair. It will put strains on your personal relationships. Prepare for it.
17. Stay confident. You are going to screw something up — an embar-

rassing typo, a misinterpreted opinion, an errant email. You may get
reamed for it. But you need to stay confident and aggressive. A timid,
defensive-minded lawyer will be stressed out, dislike his or her job andnot be very good at it.

Attorney at WorkBUILD IT!

Your Five-Step Marketing PlanBY ROSS FISHMAN
For starters, don’t panic. I know the idea of bringing inclients can be daunting. Secretly, most associates seem tofeel that success in this area is either unlikely or impossible.

5

Most associates want to have their own clients, but looking
ahead at yourself in 10 or 20 years, do you see a clear
road map that makes it likely?

9 | Build It! The Law Firm Associate’s Guide to Business Development

The specifics are where it gets complicated. There’s a lot of advice out
there. Candidly, much of it is terrible. Some of it makes sense in theory but rarely works in practice. Of course, as an associate, you’re not ina position to judge which is which. And by the time you figure it out,
you may have invested years of time to no effect.
Can you image spending a decade doing the wrong things without
realizing that they are, in fact, the wrong things? Most lawyers neverreally figure out the right things; they just do a lot of different wrong
things, or a few wrong things for a very long time, then quit in frustration. They think they’re not marketers, rather than understanding thatthey’ve spent their careers implementing a flawed plan.
Drip, Drip, Drip — That’s All Marketing Is

Developing business isn’t especially complicated. In part, it’s a numbers
game: Do the right things and enough of them that you gradually andsystematically build and develop your personal network and reputation.
Plan, prepare and execute. Steadily, over time. A little bit every week.
Just make sure the things you are doing are the right things.
I’ve trained tens of thousands of lawyers and helped thousands ofassociates prepare for partnership, or at least for getting clients. What
have I learned? That today’s associates know the game. They’ve heard
the gray-haired old farts assure them that “law is a storied, time-honored profession.” But millennials know better; they know that law is abusiness. They learned this the hard way when the generic or fungible
associates got fired unceremoniously in the last recession — whenfriends had their big-firm job offers withdrawn because there wasn’t
enough business to go around. No hard feelings; it’s just business.

Attorney at Work

Your Five-Step Marketing Plan

Today’s associates are hardworking, smart and adaptable. They
know not to rely on the firm’s loyalty to feed them forever. They’re industrious and impatient. They want to control their own destiny. Goodfor them. So what should they do?
Five-Step Marketing Plan for Associates

Here’s the basic outline of an associate marketing program — the fivebasic steps that will help build a sizable network of relationships, and apersonal brand for something that clients will want to hire you to do.
1. In the first two to three years, learn to be a great lawyer, emphasizing

both technical skills and client service. Build your long-term marketing
infrastructure, the social media platform and other tools you’ll leveragethrough partnership.
2. Join a local bar association, meet your peers, learn the profession,build your resume by joining a committee, get active and work toward aleadership position on a small, relevant committee. Build your personal
and professional network.

something to sell beyond “I’m a smart, service-oriented lawyer” (precisely like hundreds or thousands of look-alike lawyers in your community), and hundreds of interested prospects. You stand out in a positive,
client-oriented way.
That’s the big overview. The niche practice is the silver bullet, the special
sauce. You might develop business otherwise, but your chances are
exponentially greater if you offer a unique specialty.
There’s more to it, of course, but this is a goodplace to start. I cover these topics in great detailin my book “The Ultimate Law Firm Associate’sMarketing Checklist.” It’s a simple, step-by-step,
year-by-year guidebook that walks you throughprecisely what to do to prepare yourself togenerate the right business at the right time. If
you or your firm’s marketing or professional
development experts ever have any questions,
I’d be delighted to hear from you.

3. Gradually, as you grow into a midlevel associate, add more externalmarketing and networking activities. Get out of the office. Do not eat
lunch at your desk.
4. Around year four or five, start to develop a specialty niche or in-

dustry expertise in an area you enjoy. You don’t want to be one more generic generalist. You want to offer more, both to the firm and its clientsand prospects. Find something you’re passionate about to focus on,
something narrower than “commercial real estate” or “complex businesslitigation.” Not “transportation law” but “interstate transportation of
infectious biological material.” Once you have that narrow specialty inmind, then you know what to write, speak and network about to help
you become a market leader. You know whom to network with, andhow to build your personal brand. This is critical.
5. As you get more experienced, spend more time out of the office with

LINKS TO HELPFUL MARKETING TIPS
• Expertise Effect: How Going Narrow Can Grow Your Practiceby Jay Harrington• Making a Niche Blog Work by Susan Kostal• The ‘Keep It Simple Stupid’ Marketing Plan by Roy Ginsburg• Best Way to Organize Your Contacts by Sally Schmidt• Top Writing Tips for Busy Authors by Susan Kostal• Feature versus Benefit by Teddy Snyder• Building Relationships with Contacts — 3 Examples by Sally Schmidt• Speaking: Tips to Boost Your Confidence by Marsha Hunter• Attract Clients by Demonstrating Expertise by Lee Fredericksenprospects and referrals. If you’ve accomplished step 4 above, you have
10 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkBUILD IT!

Bob Denney’s
20 Legal Marketing Maxims
Maxim: A General Truth orRule of Conduct Expressedin a Sentence

Be the best lawyer you
can be.

10. Your friends may not become clients, but your clients can become2.

Be afraid. Fear of failure guarantees success.

11. Your next client may be across the table.

3.

Don’t sell. Educate. No one wants to be sold legal
services. Ask clients and prospects what theirproblems are, listen to the responses and then educate
them on how you can help them.

12. To get and keep your client’s business, know his or her business.

1.

friends.

13. Treat every client as if he or she were your only client.
14. The three keys to delighted clients: Listen and communicate, listen

and communicate, listen and communicate.

4.

Focus. Specialize. You can’t be all things to all people.

5.

Have a marketing plan and follow it. Hell is paved with goodintentions — and marketing plans that were never implemented.

6.

Market like you were a sole practitioner. If you don’t, you may
become one – and then you’ll have to.

7.

Everyone in the firm can be a marketer, from the managing partner
all the way down to the messenger.

18. Give clients alternatives but don’t stop there. Say, “It’s your decision

8.

Current clients are your best sales agents.

19. Know your competition. It’s just as important as knowing your

9.

With all due respect to social media, relationships andword-of-mouth are still the best forms of marketing andbusiness development.

20. Ask for the business.

11 | Build It! The Law Firm Associate’s Guide to Business Development

15. Under-promise. Over-deliver.
16. Don’t be afraid to say “yes,” but have the courage to say “no.”To a client, the magic words are: “Yes, if …” or “No, but … .”17. Be a problem-solver, not a problem-maker.

but I think this is what you should do and these are the reasons.”
client.

Attorney at WorkBUILD IT!

Six Steps toSingle-Minded
Marketing

6

BY MERRILYN ASTIN TARLTON

12 | Build It! The Law Firm Associate’s Guide to Business Development

You could very quickly lose your mind trying out this or that marketing idea du jour. Is social media really the ultimate answer togetting clients? If you hire a public relations firm to toot
your horn for you, can you avoid having to sell yourself ... yourself? If you’ve been blogging doggedly for ages, will you reap
the rewards — eventually? Other lawyers are doing podcasts, somaybe that’s the answer.
Well, any marketing expert worth her lengthy contact list will tell you
there is no one answer. They will also tell you that the answer — a complex combination of multiple tactics — must necessarily be a uniqueconstruct for each practice. But there is a surefire, uncomplicated wayof framing your marketing thinking so that you can create a plan thatworks — for you. It starts with the fundamental question, “What kindof work do you want to do?”Step one. Figure out what sort of legal work makes you happiest.

Is it high net worth estate planning? Family law, particularly relationships between fathers and children? Perhaps you like complex
real estate deals because of the leg up your pre-law school job gives
you. Maybe it’s as an outsourced general counsel for small businesses
because you’re hooked on being part of a team, or complex biofuels
litigation because of the intellectual puzzle? Think long and hard about
this. You don’t want to make the mistake of marketing yourself to dowork you dislike. Right?
Step two. Identify the category of people likely to be interested in hiringand paying people to do that sort of work for them. Small business? It’s
the owner. Fathers? Well, dads, right? Most likely divorced or divorcing
ones. Biofuels? Probably in-house counsel, unless it’s a company without one. Then it’s their outside counsel or the company’s CEO. Municipality? City manager. You see where this is going?

Attorney at WorkSix Steps to Single-Minded Marketing“The best kept sales secret is this: It’s not about telling andtelling them about yourself, or convincing them you are so
wonderful they can’t afford not to hire you. (Yucky concept,
right?) It’s about listening and listening until you find out
what’s making them itch.”

KEEP READING ABOUT GETTING CLIENTSIn her Attorney at Work column “Getting Clients,” Merrilyn Astin Tarlton
provides smart tips for finding and keeping clients. Her book of the same
name is a fun, practical guide to getting smart about, well, getting clients,
too. Here are links to some of her most popular posts:• Focus, People! Tell Them Exactly What You Do

Step three. Discover where those people get their information about

which professionals can serve them in this field. Is it through connections they make at an American Medical Association conference?
Speakers they hear at Chamber of Commerce luncheons? (Hint: Thinksmall businesses.) The lawyer they hear won a big case for their competitor? A trade publication like “Plumbing Standards” for sanitaryengineers or a website like HOWdesign.com for graphic designers? Yes,
there are random opportunities — your kid’s soccer game, for example— but your time is best spent in a space, actual or virtual, where thefolks from step two hang out.

• 16 Things to Do With a Business Card (Yours and Theirs)• How to Avoid Asking for Business
Order her book, “Getting Clients: For Lawyers Starting Out or Starting Over,”at the Attorney at Work bookstore.

Step six. Help these new friends and connections find solutions to their

there’s no point in becoming a National Allied Individual Memberof the American Institute of Architecture unless you get active. Thatmeans write, speak, contribute and participate — in a positive and visible way. And you don’t always have to be demonstrating your lawyerly
chops. Showing how you conduct an effective meeting and get difficult
stuff done communicates a unique competence that will draw clients toyou as well.

problems. Yep. The best kept sales secret is this: It’s not about tellingthem about yourself, or convincing them you are so wonderful they
can’t afford not to hire you. (Yucky concept, right?) It’s about listening
until you find out what’s making them itch (maybe asking a question
or two to draw them out), and then helping them find the solution.
You might be the best solution. Or maybe not. Maybe their problem isgetting an introduction to the new mayor. You can help with that, too.
Perhaps they are looking for a new school for their 12-year-old, or a
specialist in sustainable design. Connect them with someone who canhelp them. It’s impressive when you are the source of solutions and you
demonstrate that you care. And it’s wonderful when they hire you.

Step five. Connect with those people in a two-way fashion. Make

Final Step? Succeed

Step four. Be there. And be visible. In a good way. In other words,

friends. Join working groups and identify decision-makers. Write foran online publication and then ask for comments. Better yet, interview
people you’d like to have as clients for your article. Get business cards.
Encourage followers if one of your venues is Twitter. You know ...
identify the people you want to know you and get to know them.
13 | Build It! The Law Firm Associate’s Guide to Business Development

Okay. It may not be quite that simple. But it’s darn close if you just think
it through. After all, that is what they trained you to do in law school:
Think. And once you’ve thought things through in this way, you will nolonger need be a victim of the next ad salesperson, directory marketeror headline story. You’ll know what you want — and how to get at it.
Attorney at WorkBUILD IT!

How to Lay the Groundwork for
Effective Personal Networking
BY THEDA C. SNYDER
Face-to-face contact remains the top
networking tool to reach business clientsand professional referral sources such asother lawyers. Just showing up at the
Chamber of Commerce meeting or national
convention of lawyers in your specialty
and hoping business results is not aplan. Effective networking
requires preparation.

1. Hit List. Be clear about why you are going to this event. Who will be

there who can send you business? Many organizations publish a list ofregistrants in advance of an event, or there may be an online membership list. If you can’t find a list of names, contact the organization. Go
through the directory and create a “hit list” of whom you want to meet.
Include enough information in your notes to help you find the person
once you get on site, such as where the person lives and which committees the person belongs to. For a top hit, you may even want to search
the Internet for news about the business or search the court docket.
You can find these people in even the largest gathering. For example,
as you work the room at a cocktail party, notice if people share a trait
with your target. “Oh, you’re on the coverage committee? Do you know
Geraldine General-Counsel?” “You’re from Pittsburgh? Do you know thehead of the regional office there?” Don’t be shy about asking someone
to point out your target or even introduce you. In very large gatherings
where attendees move from place to place, ask a staffer at the registrationtable where your target will be at a specific time. Then go there.
2. Prepare Your Elevator Speech. Much has been written about how toformulate an effective elevator speech. Introduce yourself with a few
words that communicate the benefit you deliver to clients. Don’t forgetto smile. People want to talk with someone friendly, not a sourpuss.
3. Create Conversation-Starters. People love to talk about themselves,

so have some questions ready to get them started. The best conversation-starters build on the theme of the get-together, help you gather
14 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkHow to Lay the Groundwork for Effective Personal Networking

HOW’S YOUR IMAGE?
Who’s the top personal injury
lawyer in your town? Divorce?
The high-profile lawyers who spring
to mind have developed an image,or personal brand, to connect theirname to their practice in the mindof the public. You can do a numberof things to improve and refine yourimage so that you make a strong
lasting impression, too.

your paycheck to make a strong
impression. One specialist in equine
law always wears cowboy clothes
and, yes, boots. A woman bankruptcy attorney always wears a diamondscales of justice pin. And, yes, they
are both good lawyers. But the
point is, they are instantly memorable before you know a thing about
their credentials.

Your electronic image. Wherever

And then there’s your voice. If

you go on the internet, think about
the presence you want to project,from the language you use to yourphotos and graphics.

you get a negative reaction to youraccent (you may have to actually
ask for feedback on this), consider
working with a voice coach.

Your personal appearance. I wasYour office has an image, too.

thrilled when a supervisor told
an adjuster, “She’s always so wellput-together, you know she’s goingto handle your cases with the samecare.”Now that’s an image I wantto project! When you meet a lawyer
whose collar is frayed and whose
shoes look like they belong to ahobo, it’s easy to have doubts. At
court, I saw a woman attorney using
a stuffed-animal backpack. What
image are these people projecting?

Are you located downtown or in thesuburbs? High floor or street level?
Shared space or home office? Everything — the carpet in the elevator,
the wall color, the furniture, and theway your firm name is displayed as
you walk in — screams something
about your practice. From choosing
the flowers or the type of magazines in the waiting area, consider
the message you are sending.

That something to remember
you by. How you are groomed andwhat you are wearing sends subliminal signals about your competence— it can help you project a morememorable image. You don’t haveto be a fashion plate or spend half

A last word of advice: You want tolook successful, but not too flashy.
Everybody wants to go with a winner, but clients may have reservations about paying for what appears
to be an exorbitant lifestyle.

information about this person’s needs, and show off your own expertise.
Some variation of “What is your organization doing about that new development?” is a good choice. “How many children do you have?” is not.
4. Arrive Early, Stay Late. Networking is indeed work. You are there tomeet people. Make sure you arrive early and plan to stay through theend of the event. If this is one of those organizations where attendees
hang out at the bar into the wee hours, add that to your itinerary, even
if you are drinking club soda. In fact, it’s a good idea to minimize youralcohol intake to increase your attention and effectiveness.
5. Dress for Networking Success. Wear clothes with adequate pocket

space for an ample stash of your own business cards and a second
pocket for cards you collect. To write notations on the cards, carry both
ballpoint and soft-point (for glossy cards) pens with you. Avoid mixing
cards by putting yours on the side of your dominant hand and others’
cards on your non-dominant side. Keep your hands free. If everyone
is carrying the same conference bag or portfolio write your name inconspicuous characters on yours and leave it in a corner to pick up as
you leave. Don’t leave valuables in it. Women, use a cross-body strap orbackpack style purse. Wear comfortable shoes. You may be standing forhours. This is not the place to break in a new pair. Women, choose flatsor shoes with low chunky heels.
Success results from preparation and hard work. Abraham Lincoln
said, “Give me six hours to chop down a tree and I will spend the first
four sharpening the axe.” Get the maximum benefit from a networking
opportunity by laying the groundwork.

— Theda C. Snyder

15 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkBUILD IT!

How to Work the Roomhosts, sponsors or organizers of
the event or the president of theassociation. And you can always
talk to people who are alone.

BY SALLY SCHMIDT
Most lawyers have to attend
events. Clients have parties, lawfirms host functions, organizations hold galas and associations
offer networking meetings. You
may detest going to these, particularly when you don’t know
anyone. Even if you never cometo enjoy networking functions,
you can make them both tolerable and productive if you go
about things the right way.

I could give you myriad recommendations for being a better
networker, but here are some inareas where many lawyers fail.
• Arrive early and stay until theend. If you are racing in for thelast 10 minutes of the cocktail
party or leaving early to beat
the rush, you are not taking
advantage of the event. If yougo, do it right.
• Ask a lot of questions. Lawyers
often tell me one reason they

• Be strategic. For example, if
there is a meal involved, don’t
be the first to sit down at atable; you could end up with acompetitor on each side. Identify a good companion at the endof the reception and follow that
person into the room.
don’t like networking functions
is because they don’t knowwhat to talk about. The fact is,
you shouldn’t be talking nearly
as much as you are listening.
Use conversations to identify
people’s interests and issues.

• Try to look self-assured. Even if
you don’t feel that way, it’s important to project confidence.
Shake hands firmly, smile,
make eye contact and introduce
yourself to people.

• Talk to a number of people. Don’t
monopolize one person for too
long; it’s a networking event
after all. If you are enjoying theconversation or want to spend
more time together, schedule
a follow-up coffee or lunch. If
you don’t know anyone, startby introducing yourself to the• Get the little things right. Askfor business cards and take amoment to look at them before
putting them away. Carry yourdrink in your left hand so yourhandshake doesn’t feel like ice.
Wear your nametag on theright side so it is more prominent when you shake hands.

16 | Build It! The Law Firm Associate’s Guide to Business Development• Act like a host. I read a study
once that said the difference
between people who are goodat networking events and those
who are not is the good ones
act like hosts and the bad ones
act like guests. How would yourbehavior be different if you
were the host?
Networking Doesn’t End
When the Event is Over

Look for ways to follow up withpeople with whom you connected. Make notes on the back ofbusiness cards as soon as you
leave so you don’t forget what
you learned about the person.
Transfer the details into your
Outlook notes or CRM system.
Send a personal note saying you
enjoyed the conversation, mentioning something you learned.
Send a personalized LinkedIn
invitation. Then, think about
ways to get back in touch, andcalendar an outreach after anappropriate amount of time.

Attorney at WorkBUILD IT!

How to Ask for Business?

Ask the Experts from the Legal Marketing Association
Valerie Nelan: First, don’t feel awkward if these are close friends and

QUESTION: Help! I just need to know theright words to use. I’ve got a great network ofpotential clients and lawyers who could referclients to me. But I apparently send themessage that I’m not interested. How can I
ask for business without sounding desperate.

?
17 | Build It! The Law Firm Associate’s Guide to Business Development?

acquaintances — they want to help you succeed if they can, but you
have to take the first step. Second, make sure everyone knows exactly
what you do, and capitalize on any niche areas you’re in. Then, go
in for the kill.
For potential clients, start by researching their industry, and thenasking them specific questions about the business: How are recent
regulations affecting them? Do they plan on expanding soon? What’s on
their desk right now? With enough sincere probing, you’ll find an opening for this kind of question: “I’d love to look over that contract/review
that policy/visit the plant. Is next week good for you?”
For other lawyers, often you can be blunter, especially if you canreciprocate: “You’re at a boutique IP litigation firm, and my firm is eightstates deep. Let’s keep each other in mind.” But it’s vital that other lawyers know precisely what you practice.
Finally, never underestimate the value of being a “connector,” forclients, prospects and other lawyers alike. Introducing people in yourcircle to each other engenders goodwill that they often will want to
pay back.
Valerie Nelan is a business development manager at Baker, Donelson, Bearman,
Caldwell & Berkowitz, PC, an AmLaw 200 firm. She coaches lawyers, coordinates
attorney training programs and is the business development liaison for the firm’s
financial institutions practice group and two industry service teams.

Attorney at WorkHow to Ask for Business?

Seth Apple: Don’t ask for the business in the beginning. Instead, change“Make the extra effort to show your presentations

your message by going 3-D. Demonstrate, display and describe.

and materials were not “off the shelf.” … Do your• Demonstrate: Show you are interested in a potential client’s industry and aware of issues that impact their bottom line by forwarding
newspaper and magazine articles, or recommending business, leadership or management books that are actionable. These are simple(memorable) ways to show clients and targets your comprehensive
commitment to their business by using other people’s words.

homework on the contact and the company and then• Display: Presentations can be another important way to show you areknowledgeable and approachable on issues that impact a potential
client’s business before actually asking for the work. Invite them toa seminar, offer a webinar on a topical issue or provide an in-house
CLE. These are effective visibility tools that can lead to engagement. If
you can make the viewer say “I like this guy,” the business will likely
follow.
• Describe: Most importantly, describe how you can assist potential clients with issues in a way that is unique to them. Make the extra effort
to show your presentations and materials were not “off the shelf ” andthey will notice. Do your homework on the contact and the company
and then incorporate your findings into specific business development activities.
Seth M. Apple is a Business Development Manager at Davis Polk & Wardwell LLP
where he manages the business development and marketing efforts for several of thefirm’s corporate practices. He is also the author of several business development andmarketing articles, a regular speaker on topics impacting the industry, and a former
practicing finance attorney.

18 | Build It! The Law Firm Associate’s Guide to Business Development

incorporate your findings into specific businessdevelopment activities.”
Kevin Sullivan: Without directly asking for business, make yourself aready resource for lawyers who practice in other areas of the law. Letthem know you’re there to offer guidance on matters outside theirbailiwick as a professional courtesy to them. Make a similar offer to potential clients. Demonstrate your expertise by sending articles you havewritten that cover a topic in which they’re interested. By offering this“free” advice and service, you demonstrate your knowledge and yourwillingness to put the needs of others at the top of your priorities.
Set up a reminder for yourself to communicate periodically withyour network so that you are top-of-mind as a resource. You will beperceived as someone who focuses on client service and is easy to workwith. That is the type of lawyer most people want on their side, so yourefforts will eventually pay off.
Kevin Sullivan is the CMO of Fisher & Phillips LLP, where the marketing
department has earned several awards. He has held senior leadership positionsat PR firms and technology companies, and had a 15-year career in TV journalism.
He writes about marketing, crisis communications and media relations for businesspublications and has contributed chapters to five books published by PR News.
The Legal Marketing Association provides professional support and education
as well as opportunities for intellectual and practical information exchange.
The opinions expressed herein are those of the authors.

Attorney at WorkBUILD IT!

How to Keep Your Referral
Sources Vibrant
BY MICHAEL O’HOROYour referral source has generously plugged you into her network.
Now, what must you do to show proper appreciation and respect?
1. Email the referral immediately, with a “cc” to the source. Your Subject

line should say: “Intro via [Source]” — this ensures your email gets
opened. You’re trading on your referral source’s standing because you
don’t yet have any. You’d be surprised how many people let referrals
languish. Nothing says “I don’t value your help” like not acting quickly. Don’t risk having the source speak with the referral before you do.
Explain your purpose simply, directly and succinctly: “[Source] andI recently had a discussion about [industry problem]. His insight washugely helpful and got me thinking about it in some new ways. He
thought you might be willing to share additional thoughts to help me
get a better handle on it. Might I get 20 minutes with you by phone at aconvenient time in the next handful of days?”
2. Honor the contract. You asked for 20 minutes. At the 15-minute mark,acknowledge that the end of the 20 minutes is imminent. If the person
is really busy, they’ll appreciate you not abusing the time. If they’re notpressed, or they’re really engaged in the discussion, they’ll extend thetime. If the deadline is hard, go immediately to the next step.
3. Rinse, repeat. As you did with the source who connected you to thisperson, thank them for their insight and candor, and ask with whom
you could have “a conversation like this one.” Since they just had a brief,
19 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkHow to Keep Your Referral Sources Vibrant“Separate your “thank you” call from all other businesswith the source. You want it to be clear that the sole

MORE TIPS FOR INSPIRATION
More links to articles on networking
and business development from
Attorney at Work:• The Social Dilemma: Initiating
the Business Conversation
by Mike O’Horo• Referral Madness: Stay on Top of
Staying In Touch by Jared Correia• Disengaging from a Dead End
Networking Conversation
by Mike O’Horo• Seven Steps to a More Authentic,
Fresher Bio by Nancy Slome• Big Ideas for Small Talk
by Mary Ellen Sullivan• How to Suck at Networking
by Ruth Carter• Networking: Are You (Gulp) the
Boring One? by Mike O’Horo• Embarrassed About Your Elevator
Speech? Ask the Experts from theLegal Marketing Association• Get Out of the Office! by
Theda C. Snyder

relevant, respectful, peer-level discussion with you, this reminds themthat there’s really no reason not to refer you.
4. Keep your sources informed. Most referred people you email will“reply to all” so that the source knows what’s happened. Keep the source
up to speed with future developments. (At some point, most sources
will suggest dropping them out of the email thread.) People only refer
you to contacts they care about. Don’t make them wonder what’s goingon or, worse, have to call you to ask, “Did you ever speak with … ?”That’s equivalent to someone having to call to see if you’ve received his
gift because you didn’t acknowledge it.
5. Say “thank you.” When you get hired, or receive any direct benefit,

or conclude your interactions with the referred (e.g., decided not tocontinue after exploring), thank your source. Separate your “thank you”
call from all other business with the source. You want it to be clear that20 | Build It! The Law Firm Associate’s Guide to Business Development

purpose of the call is “thank you.” Don’t allow it to turnto your benefit — an additional referral, a newmatter from the source.”
the sole purpose of the call is “thank you.” Don’t allow it to turn to yourbenefit — an additional referral, a new matter from the source. Instead,call five minutes before the hour or half-hour (:55 or :25) to say, “I’mheading into a :00 (or :30) meeting, so I only have a second, but I didn’t
want to forget to call and say ‘Thanks’ for introducing me to [name].”If the source offers you an additional referral or other business, cut it
off with “I’d love to talk about [new matter, other referral]. May I callyou back about it at [time within two hours, to avoid diminishing theurgency]?” Your source will realize that you really did call just to say“Thanks,” rather than using it as an excuse to ask for or accept something else.
6. Maintain periodic contact. Otherwise you’ll create the (correct) im-pression that you only call when you want something. The number ofpeople who know somebody who has a need for your services is small
relative to the number of people who know somebody who has a logicalreason to discuss a relevant topic. Asking someone to refer people you
can sell to rarely works. You’re essentially asking for money, or at leasta direct path to it. The advantage of this topic-based approach is thatyou’re asking for advice, which most people are happy to give.
Standard advice to start-up companies approaching investors:“If you ask for money, you’ll get advice. If you ask foradvice, you’ll (eventually) get money.”
Ask for advice.
Attorney at WorkBUILD IT!

How to Handle an Angry Client
BY MERRILYN ASTIN TARLTON“What the bleep is this?” are the first words you hear. It’s yourFirst, just breathe. Then try not to:client. The one for whom you’ve worked like a dog, around the• Argue with him

clock, for the past two weeks. Now what?

• Tell him it is someone else’s fault• Ask him to call you back tomorrow• Hang up on him
Sometimes lawyer training works exactly against you when you are
confronted by a client. These are not situations to be won or lost. You
can claim success when you calm the client and neutralize the conflict.
So, ask yourself what the client wants. You’ve been angry about a service
provider’s performance before. What did you want? It’s one or more of afairly standard list:• To be listened to• To be treated with respect• To be taken seriously• An immediate response• To make sure it doesn’t happen again• To avoid blame from someone else in your organization
Research has shown that first impressions are made up of 55 percent
visual cues (body language), 38 percent vocal (tone of voice) and only
7 percent verbal (words). One expert estimates that the percentages
shift significantly when you communicate over the phone to 82 per-21 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkHow to Handle an Angry Client

cent vocal and 18 percent verbal. So when you respond to your client,
it is critical to modulate your voice to communicate concern, patienceand caring. And choose your words to convey that you are informed
and respectful. It is an old but proven speaker’s trick to deepen yourvoice a bit. Lower voices are perceived as being more mature and incontrol.
Nearly every one has an inner child who shows up when we’reangry. Anyone who has parented a toddler knows that rule one is toremain calm. People feel out of control and a little unsafe when in
mid-tantrum. If you can maintain your calm, control the situation andguide both of you to a good solution, your client will relax. Here are thebasic steps to take:• Express empathy (“I can tell how upset it made you”)• Get clarification of the problem (ask gentle fact-finding questions)• Apologize (even if you are not in the wrong)• State that you want to help

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• End pleasantly
If you have kept your head and created agreement about resolution of
the issue, then congratulations. You win!

22 | Build It! The Law Firm Associate’s Guide to Business Development

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BUILD IT!

Keep Your Cool!
BY RYAN SULLIVAN
Find yourself feeling irritated?
Frustrated? Downright grindyour-teeth angry? Maybe you
skipped breakfast. And lunch.
Maybe your spouse was nasty
to you last night. Maybe
you’ve been made the scapegoat
for another attorney’s huge
mistakes.

Perhaps you have 100 different
reasons that have combined tocreate a swirling hot cloud of
steam roiling between your ears,
just waiting to blow. And, just as
your cloud of steam reaches its
peak, an unleashing opportunity
presents itself: a pivotal hearing,
an important motion, a phone callor email with a particularly loathsome adversary. So, dragon-like,you unleash and bellow fire. Or
wicked sarcasm. Or you whisper
pointed insults.
Whatever your personal brandof communicative poison, you’ve
crossed the line of civility. After-

ward, you might regret what you
just did. Or you might not. But
you should.
Upholding professionalism
and civility is the honorable andright thing to do as a memberof the bar, of course, but here
are a few more reasons why you
should keep your cool:• You never know where you
will want to go. You might
be content with your current
circumstances and figure thatyour civility lapses do little
damage, but life has a way of
unfolding in unexpected ways.

23 | Build It! The Law Firm Associate’s Guide to Business Development

Tomorrow you might want toswitch firms, try a new practice area or even run for office.
To successfully navigate anyof these moves, you will needsupporters from a broad rangeof positions and perspectives
who are willing to publicly
sing your praises. It will bechallenging to find those folks
outside of your inner circle if
you are known as a discourteous hothead. Imagine yourdejection upon receiving tepid
responses or excuses to yourrequests for an endorsement
or support. Ouch.
• Your unprofessionalism will
earn some good laughs. No
matter how masterfully you
executed the cutting blow, not
all witnesses will agree withyour interpretation of events.
Stories of your misdeed will betold, sometimes with you castas the villain, and sometimes
with you cast as the buffoon.
Clearly, the target of your incivility will be angry. But others
may be amused instead, andgleefully relate the story aroundthe watercooler. Acting likethe consummate professional

simply isn’t as gossip-worthy or
funny.
• Reputations are easy to tarnish
and laborious to polish. It’s a sadfact that one slip-up has more
impact on your reputation than
the 10 prior instances of stellar
conduct. So be wary and be
careful. It’s far better to walkaway, or wait to send that email
than pay the heavy reputation
price that will take a lot of labor
to polish away.
• It’s better to feel bigger. Being
in control always trumps theadrenaline-spiked alternative.
Mastering your emotions andacting professionally feels good.
And once you’ve successfully
maintained civility under fire,it gets a bit easier each time.
If you know a certain personor topic pushes your buttons,
mentally prepare yourself andmake it your goal to emerge
from the interaction not as the“winner,” but with dignity andgrace. Being the bigger person isn’t always easy, but the
rewards are more far-reaching
than you might think.

Attorney at WorkBUILD IT!

Didn’t Get the Work? Now What?
BY MERRILYN ASTIN TARLTON
It was your first formal response to
an RFP. A pitch you finally madeto that client you’ve been
softening up for some time.
A meeting where you asked
to second-chair, or take the leadRFP
on a high-profile client’s new matter.
And you were great! But no. You

didn’t get the work. It is so disappointing, that goes without saying. But it’s

important right now that you not disap-

pear behind your office door for a day of
pouting. There are things to be done!

But You Don’t Feel Like It?

Let’s say right up front that this is hard, hard work — putting yourself
out there and asking people to say “yes!” But it’s the nature of the beast
in today’s legal profession, so get used to it. And figure out ways to getbetter at it. We all know (let’s see, was that kindergarten?) that making
mistakes is how we learn. But once you’re told “no,” all you know is that
it wasn’t a “yes.” The way to succeed next time is to find out what went
wrong this time. (Yes, there will be a next time.) So here’s a simple stepby-step to-do list for after the client turns you down.
Recover. Okay, go ahead and take a little time to bounce back from thedisappointment. Something like 24 hours, no more. Go for a long walk.
Dinner with friends. Read a good book. Whatever it is that rewinds
your watch and gets you ticking once more.
Reconnect. Yep. Contact that person who said “no.” You may be tempted

to send a safe email message, but don’t. Pick up the phone and have areal-time conversation. While some people will encourage you to do
this face to face, I’m not one of them. Having been on the other side ofa few of those, I’ve learned that the implied pressure is too great. If you
insist on “lunch so we can find out what went wrong,” they may takeyou up on it, but you’ll never see them again. Ick. Here’s what you wantto accomplish:• Confirm that the answer was really “no.”• Communicate that there are no hard feelings and that you really value
and respect their decision-making.
• Learn if someone else was given the work and, if so, who it was. (It’salways good to know who your competition is.)24 | Build It! Law Firm Associate’s Guide to Business Development

Attorney at Work

Didn’t Get the Work? Now What?

• Inquire whether there’s anything they think you should know so thatyou can do a better job next time.
• Make sure they know that you are always prepared to step in and help
in any way in the future.
• Reconnoiter. Sit down with everyone who assisted with the pitch.
Your peers, younger lawyers and staff. Be mature about it and don’t
feel embarrassed. This is a great time to model for others how tohandle disappointment. Share the client’s feedback with them — they
deserve to know. Then ask what might have been done differently
and listen. They’ll have some good general thoughts. Make sure you
encourage them to give you personal feedback as well. If your colleagues can’t speak honestly with you, who can? And if they can’t,
how will you learn?
• Begin again. Make any changes in systems or methods that you’ve
learned should be made. Pull up that prospects list on your computerand figure out your next opportunity to try out what you’ve learned.
Get back up on that horse!
Wouldn’t it be great if clients just happened to notice your Twitter feedor browsed the firm website and found your bio so compelling that theycalled and hired you on the spot? Yeah. Never happens. If you’re going
to be in private practice nowadays, you’re going to have to learn how to
ask for (and get) the work. Doing it wrong is your best opportunity to
get it right.

25 | Build It! The Law Firm Associate’s Guide to Business Development

WHEN YOU LOSE A CLIENT
It happens to every lawyer
from time to time. It’s going tohappen to you.

A good, longtime client suddenly
drops the relationship and seeks
counsel elsewhere. It can happen
for any number of reasons. Manyof them are things over which you
have control. Some of them arenot. But regardless, what you dowith that disappointment is themost important thing. While it’s
tempting to heave a pathetic sighand turn the other cheek, your job
isn’t done here until you check off a
few items.
Relocate your objectivity. No, thisisn’t easy. You’re angry or hurt orfeel betrayed. It’s natural. You may
need to vent your feelings with acoworker, go for a hard run or evenwait for a couple of days to pass.
Find out why they left. This willtake courage, but it’s important foryou to find out what went wrong.
(The news may not necessarily bebad.) Collect your thoughts andplace a phone call. Probe as deeply
as you can because their first responses will probably just be meant
to deflect. They don’t want to havethis conversation, either. Listen
hard and resist every temptation to
defend or argue. Thank them fortheir time and honesty. You’ll most
likely have the option, at this point,of trying to win back their business
if you choose.
Get an outside perspective. Dis-

cuss the situation with a colleague
or friend. Be as honest as you can— this isn’t an opportunity to get
sympathy — and ask for the bittertruth in return. Ask what they might
have done in your shoes and what
they recommend you do next.
Reflect on lessons learned. Thinkthrough what you have learned
from the former client and the perspective you gained from the third
party. Observe your own reactions
and revisit the facts. Is there anything you could have done differently? Are there systems you could
put into place to ensure this doesn’t
happen again? Actions that need tobe taken?
Take steps to prevent a recurrence. Whatever it is, make it

happen now while you have theconviction. It could be as simple asinstituting a new proofreading ruleor as difficult as changing your own
behaviors. Whatever steps you take,it will be far easier than losing moreclients — or going through this listof painful steps again!
— Merrilyn Astin Tarlton

Attorney at WorkBUILD IT!

Relationship-Improving Stepsfor Better Business Development
BY JAY HARRINGTON
The practice of law is stressful. And complicated. And, at times,
frustrating. Legal marketing and business development need not
be. Here are a few back-to-basics tips designed to improve yourrelationships with clients and colleagues.

1. Be in the Moment

When engaging in marketing activities, be in control, be purposefuland only do one thing at a time. Don’t sneak a peek at your iPhone
under the table during a lunch meeting. Don’t start, then stop, thenstart, then stop formulating that article you’ve been meaning to write. If
you’re interacting with someone, interact with them. In other words, bein the moment.
ACTION STEP: For one month, clear your plate. Commit to only doing

one thing at a time. This is a good approach for everything you do inlife, but at the very least apply it to your marketing activities.
2. Keep It Simple

We over-complicate things. We use complicated language because wethink it makes us appear intelligent, when it actually makes the client
feel inadequate and resentful. We email when we should call. We don’t
send handwritten thank-you notes, even though we love receiving
them. Our timekeeping entries are vague, and we think the client won’t
notice. Stop overthinking and overcomplicating how you communicate
with clients and colleagues. Keep it simple.
ACTION STEP: Write 10 handwritten notes to clients and contacts thismonth. Nothing may happen as a result, or something great may
happen. Who knows? One thing you can be sure of is that you’ll makesomeone’s mail-opening experience more enjoyable, and you’ll makeyourself more memorable.
26 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at Work

Relationship-Improving Steps

3. Be Yourself

If you watch TV legal dramas, you may draw the conclusion that to be a
successful lawyer with a strong book of business you need to be polished, good-looking, articulate and aggressive. Now take a look around.
Successful lawyers come in all shapes, sizes and personality types. But
the one attribute most have in common is that, like nearly all successful
people, they are genuine and authentic. Sure, there are exceptions. Phonies always manage to slip through the cracks. But people crave authenticity in all relationships — including the attorney-client relationship— and reward it. Be yourself.

BE ONE OFA KIND
BY JAY HARRINGTON

Learn how tocommand higher
rates, attract
more clients andraise your profilein the legal
marketplace.

ACTION STEP: Stop trying to please everyone. Focus on being yourself

in all situations. If someone doesn’t like you as a result, then that’s theirloss. As Paul Newman once said, “If you don’t have enemies, you don’t
have character.”
4. Grow and Give

Do you have an approach to your legal career? Put differently, are you
being purposeful and thoughtful about your near-, medium- and longterm career objectives? Or do you find yourself just going through the
motions — nose to the daily grindstone? For many lawyers, an objective may be something along the lines of “to make partner and become
financially secure.” Worthy goals, no doubt. But is that something thatyou can really sink your teeth into and rally behind on a daily basis?
Probably not. Everyone needs to identify their own passion and motivation, but here’s a suggestion: Commit to continuously grow as a lawyer
and as an individual and contribute to other people in a meaningful
way. Grow and give.
ACTION STEP: Try to learn something new every week — a productivity

hack, a software shortcut, a best practice, a new technique — and shareyour newfound knowledge with co-workers and clients. By improving
yourself, then helping others better themselves, you’ll find that you’ll
end up getting much more in return.

27 | Build It! The Law Firm Associate’s Guide to Business Development

ORDER YOUR COPY TODAY »“This book identifies, describes and distills thecommon characteristics and tactics of lawyers who
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BUILD IT!

Three Tips for Becoming
More Resilient
BY SHAWN HEALY

328 | Build It! The Law Firm Associate’s Guide to Business Development

Resilience is the ability to persevere through adversity and comeout stronger than you were before. Resilience is a skill thatanyone can learn and apply to any area of their life. People are
not “born resilient”; it’s not a personality trait that some haveand others do not. People become resilient as they respond todifficulties in their lives.
So the good news is that you can become more resilient. The bad news
is that your life requires hardship to develop resilience. Then again,
if you were living with the delusion that you could avoid hardship inyour life, let me dispel that notion right now. It is not a question ofwhether you will encounter hardship. It is a question of how you will
respond to it.
Turning a Hurdle into an Opportunity

No matter what your particular stress is — client issues, financial
anxiety, overwhelmed by technology, opposing counsel’s attitude —changing the way you think about and respond to that stress can turn adreaded situation into an opportunity for building resilience. One place
to start: Make a list of the things in your day that drain you of energy
and joy. What would you prefer to avoid or actively wish would magically go away?

Attorney at Work

Three Tips for Becoming More Resilient“The most resilient people have a network they feel
supported by, know they can turn to for help, and to whomthey offer help in a pattern of mutual support. Nothing
increases the weight of a burden more than thinking you
are alone in that struggle.”

While there are many ways of increasing resilience, these three tips
will help you to invest your time and energy well.
1. What else could this be? One key component of resilience is theability to see things from multiple perspectives. You limit your ability to
do that when you get locked into interpreting a particular interaction
or situation in a fixed way. The classic way of limiting perspective ona stressor is to think of it as a crisis, or impending crisis. “My client is
not paying my fee” turns into a fear that this will result in making nomoney, becoming homeless and starving on the street one day. Any crisis will make you feel a heightened level of stress, which either prompts
you to avoid the situation or attack it — the “fight or flight” syndrome.
Asking yourself “what else could this be” is a creative problem-solving technique that helps to challenge your assumptions. Or, anotherway to put this is to ask: “What is this problem an opportunity for?”Seeing a stressful event as an opportunity will allow you to see potential upsides to a stressor and use it for good. So, for example, a stressful
confrontation becomes an opportunity to practice speaking calmly andconfidently to an upset client, thereby making you better able to handle
these situations.

act with others differently and see things from a different perspective.
Feeling stumped about how to handle a problem? Stop trying to solve it.
Taking a break and doing something completely different often helps toprovide “aha moments” of insight.
3. Friends and family — yes, they’re pretty important. Let’s face it, lawschool and the demanding legal environment have required you tospend less time with friends and family. It is a necessary sacrifice mostlawyers make to get through law school, pass the bar and start a legal
career. Unfortunately, what starts as a temporary sacrifice can transform
into a lifestyle.
Having a strong social support network is essential to resilience.
The most resilient people have a network they feel supported by, know
they can turn to for help, and to whom they offer help in a pattern ofmutual support. Nothing increases the weight of a burden more than
thinking you are alone in that struggle. Talking with friends, family andcolleagues can help give you a different perspective, validate your feelings and concerns, and help you think through options that you might
not have considered before.
Be Well, Be Resilient

Resilience is a skill that needs resistance to strengthen, not unlike ourphysical muscles. So look for opportunities to choose to use the barriersin your life as a resilience workout routine. The more you do, the greater sense of control you will feel in your life.

2. Hobbies. Games and hobbies are not child’s play or activities you

should postpone until retirement. Hobbies and fun activities are essential for creative thinking and well-being. Not only do they provide
a way to take a break from work (or constantly thinking about work),
they also are an opportunity to use different parts of your brain, inter29 | Build It! The Law Firm Associate’s Guide to Business Development

Attorney at WorkBUILD IT!

?

The Ultimate Answer
to Tough Questions
BY ANNIE LITTLE?

I still remember my first day in torts class. Old man river, myrespectable professor, called on me to analyze an opinion from somearchaic case: “Ms. (unfortunately easy-to-pronounce maiden name),is this paragraph law or dicta?”
My response went something like: “Uuuuuhhhhh … that paragraph is… ummmmmm … dicta? No wait, law. Err. Maybe.” Meanwhile, in myhead I’m screaming, “WTF, dude? This wasn’t in the assigned material!”
The professor then asked follow-up questions — interspersed withjust the right amount of awkward silence — to get me to explain why I
thought we were dealing with dicta or law.
Me: “Well … it’s Ditka, I mean dicta because it’s authoritative … uh,
no … it’s law because it’s authoritative, err … um.”
And then before I could stop myself, I heard it come out of mymouth: “I don’t know.”
The collective gasp that followed was probably heard on every floorof the law school. I didn’t know if my head would explode before or after
the professor kicked me out of his classroom. But what he said next waseven more shocking: “I don’t know either!”
Suddenly, I was a freaking superstar — approving looks, winks,
thumbs up from all corners of the room. I’d somehow managed to comeup with the answer to his trick question.

30 | Build It! The Law Firm Associate’s Guide to Business Development

A Star Answer Is Born

So what if I didn’t intentionally provide the correct response? At least I
didn’t look like a huge ass in front of the class — which is exactly what I
thought I’d be if I couldn’t provide an answer on the spot.
My professor went on to explain that there are many times when thebest answer a lawyer can give to a tough question is, “I don’t know.”
While it may seem uncomfortable to you as the attorney, it’s far lessawkward than giving a client incorrect information.
• So I went on to use it with clients: “Hmm, good question.
I’m not sure off the top of my head, but let me get back to
you in a few hours.”• I said it to my bosses: “I don’t know, but I can do somequick research to find out.”• Opposing counsel would hear: “Gee, I’m not sure, but I’ll let you know.”
In a nutshell, I didn’t pretend to know something I didn’t. Ever.
And you know what? Not once in seven years did anyone question
my fitness to practice law or express any kind of displeasure with myhonesty. I didn’t spout off some malpractice-worthy advice (then lie
awake at night with worry), and everyone got the information they needed. It was a total win-win.
So although I didn’t remember much about torts after law school, I
never forgot that “I don’t know” can sometimes be the best answer.

Attorney at WorkBUILD IT!

Business Development Resources
Attorney at Work publishes “one really good idea every day”

• Get to the Point! by Theda Snyder

for lawyers. You’ll find daily tips on time management, productivity,• Managing by Jared Correia

practice management, personal technology, people skills, handling• Nothing But the Ruth! by Ruth Carter

life and work, and most of all, marketing and business development.

• On Balance by Meghan Zavieh

Free Guides• Getting Clients by Merrilyn Astin Tarlton• 49 Tips for New Lawyers

Books from Attorney at Work• Connected: A Lawyer’s Guide to Social Media Marketing

Visit the Attorney at Work bookstore to learn more about these titles:• 40 Ways to Make Networking Work• How to Find a Sponsor by Ida O. Abbott• One of a Kind: A Proven Path to Profitable Law Practiceby Jay Harrington• Really Good Marketing Ideas! How to Really Get
More Clients This Year• Getting Clients: For Lawyers Starting Out and Starting Overby Merrilyn Astin Tarlton• New Math, New Money: A Lawyer’s Guide to the
Changing Business of Law• Sponsoring Women: What Men Need to Know by Ida O. Abbott• 101 Really Good Ideas for You and Your Practice
Click here to find more Attorney at Work Extras.

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• Play to Win by Sally Schmidt• New Associates by Jay Harrington• Content Under Pressure by Susan Kostal• Well Said! by Mike O’Horo

31 | Build It! The Law Firm Associate’s Guide to Business Development

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About the Authors
BOB DENNEY
Bob Denney is principal of Robert Denney Associates Inc., providing strategic
management and marketing counsel to law firms throughout the United States andparts of Canada for decades. Reports and discussions of timely issues are posted on
his website, www.robertdenney.com.

ROSS FISHMAN
Ross Fishman (@rossfishman) is CEO of Fishman Marketing, a marketing firm
focusing on strategy, branding, websites and training for law firms. A former litigator,
marketing director and marketing partner, Ross helps law firms stand out from thecompetition and generate revenue. He is a popular keynote speaker and trainer, aFellow of the College of Law Practice Management and an inaugural inductee into
the Legal Marketing Association’s Hall of Fame. His book, “The Ultimate Law Firm
Associate’s Marketing Checklist,” is available on Attorney at Work.

JAY HARRINGTON
Jay Harrington (@harringj75) is the author of “One of a Kind: A Proven Path to a
Profitable Law Practice,” and co-founder of Harrington Communications, where
he leads the agency’s Brand Strategy, Content Creation and Client Service teams.
He writes weekly dispatches on the agency’s blog, Simply Stated. Previously, Jay
was a commercial litigator and corporate bankruptcy attorney at Skadden, Arps,
Slate, Meagher & Flom and Foley & Lardner. He has an undergraduate degree injournalism and earned his law degree from the University of Michigan Law School.

SHAWN HEALY
Shawn Healy (@LCL_MassLawyers) is a licensed clinical psychologist with Massachusetts Lawyers Concerned for Lawyers, Inc. (LCL). Shawn frequently runs stressmanagement groups for law firms and has provided numerous training sessions ontime and stress management to bar associations, solo attorneys and law firms. A
frequent writer on the topics of conflict resolution, anxiety management, resilienceand work-life balance, he is a contributor to the LCL blog.

ANNIE LITTLE
Annie Little (@JDNation) is a trained life coach, former practicing attorney and thefounder of JD Nation, where she helps lawyers regain control of their careers, beatburnout and start enjoying their lives again.
32 | Build It! The Law Firm Associate’s Guide to Business Development

MIKE O’HORO
Mike O’Horo (@LawyerRainmaker) is a serial innovator in lawyer training. Over25 years he has trained more than 7,000 lawyers in simplified sales processes bywhich they have generated more than $1.5 billion in new business. His current
venture, RainmakerVT, is an interactive virtual business development training
tool for lawyers. Earlier, he developed ResultsPath, an integrated sales training
program, and TeamPath, a litigation-analogous people-process program.

SALLY J. SCHMIDT
Sally J. Schmidt (@SallySchmidt) is President of Schmidt Marketing, Inc., which
offers marketing services to law firms. Sally was a founder and the first Presidentof the Legal Marketing Association. She is a Fellow of the College of Law
Practice Management and one of the first inductees into the LMA’s Hall ofFame. She is the author of “Marketing the Law Firm: Business Development
Techniques” and “Business Development for Lawyers: Strategies for Getting andKeeping Clients.”

THEDA C. SNYDER
Theda “Teddy” Snyder (@WCMediator) mediates workers compensation cases
throughout California. An attorney since 1977, she has practiced in a variety ofsettings and frequently speaks and writes about settlements and the business oflaw. She is a Fellow of the College of Law Practice Management and author of fourbooks published by the American Bar Association, including “Women Rainmakers’
Best Marketing Tips, 3rd Edition.”

RYAN SULLIVAN
Ryan Sullivan has been a trial lawyer for almost 14 years, practicing exclusively
indigent criminal defense. Ryan is also a speaker, writer and trainer.

MERRILYN ASTIN TARLTON
Merrilyn Astin Tarlton (@astintarlton) has been helping lawyers and law firms
think differently about the business of practicing law since 1984. She is the authorof “Getting Clients: For Lawyers Starting Out and Starting Over,” and writes
regularly for Attorney at Work, where she was a founding partner. Merrilyn isa founding member of the Legal Marketing Association, a past President of theCollege of Law Practice Management and an inductee into the LMA’s Hall of Fame.
Attorney at Work

About Attorney at WorkONE REALLY GOOD IDEA EVERY DAYBROWSE THE BOOKSTORE

At Attorney at Work, you get everything you need to create a law
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