Want to differentiate yourself? Your email disclaimer isn't helping.

Differentiation, in its simplest form, is the breaking from the status quo to do something unique and distinct.

Lawyers and law firms struggle with the idea of differentiation. They feel confined by ethics rules, beholden to the conservative mindset that plagues the profession, or unable to leave the safety of “me too” in favor of “me first.” If you’ve been searching for one initial step you can take toward separating yourself from the vast majority of lawyers out there, I’ve got your answer - get rid of your email disclaimer.

In a recent TechnoLawyer newsletter, D.C.-area attorney Frederick H. Kruck, Jr. advised:

Unless your State Bar requires the use of the disclaimer (I am in Virginia, which does not require a disclaimer on email) there is absolutely no reason to use such an absurd addition to your email. The only reason most people use them is because they see other lawyers using them. If it seems "necessary" to you, it is only because all of the sheep are running along in a herd and human instinct tells you that when everyone else is running in a certain direction, you should too.

In anticipation of any objections over potential liability, Mr. Kruck relied on a post from The Lawyerist and an article in The Economist to declare, “[N]o case has ever been decided that exonerated a lawyer because of a disclaimer, nor found attorney liable for not having a disclaimer.”

In condemning electronic disclaimers, Mr. Kruck, The Lawyerist, and The Economist target eco-friendliness, email etiquette, and economy. While those are all important points, I submit that disclaimers contribute to the public’s perception that lawyers are a commodity. The language of every such notice is similar if not identical to the next, and use of the disclaimer is now the rule with scant exception.

Perhaps more important than differentiation is the idea of innovation, that is, blazing a new trail where no one has yet ventured. Innovation in the legal industry is somewhat of an oxymoron, but it doesn’t have to be. By taking small steps to differentiate themselves, lawyers and law firms can build individual and institutional courage to strike out into new frontiers and earn the right to proclaim “me first.” It may sound inconsequential, but changing your email signature block might be the best way to start.

Just my two cents. Let me know your thoughts.

Get Off the Elevator and Ditch the Pitch

It seems as though every few months, someone in the legal marketing world posts advice to attorneys about crafting or framing an elevator pitch.

I’m begging you. Please stop.

I can’t think of anything worse that being stuck in a small, enclosed space, inaccessible by others, with someone who is adamant about selling me something. My only thought would be to escape, and I have to think that prospective clients who get cornered by attorneys so they can deliver a similar self-promotional rant feel precisely the same.

The reason an elevator pitch repeatedly fails is because it necessarily requires the attorney to talk about himself when it shouldn’t be about him at all. It should be about making the other person feel important and special and heard. It should be about asking questions, not making statements, about engaging with the audience.

My advice? Craft an opener, a quick sentence that piques the other person’s curiosity and brings them into a conversation. Here are some examples of what you can say when asked what you do:

• “I help business owners take care of the most valuable assets they have – their employees” (instead of “I’m a labor and employment attorney”)

• “I help the smartest people I’ve ever met protect their inventions and innovations” (rather than “I’m an intellectual property lawyer”)

• “I help businesses grow by removing obstacles and letting their owners sleep at night” (not “I’m a business/corporate attorney”)

Do you see the difference? An opener tells the audience that, first and foremost, you help others solve their problems, that you care and provide value. The description of how you help should resonate at both logical and emotional levels, and by avoiding titles like lawyer and attorney, you free yourself of any possible stigma.

Strategically, the opener seeks to do one thing – engage the other person by compelling them to say, “That’s interesting – tell me more” or to ask, “How do you do that?” The conscientious business developer will then respond with her own question, such as “Have you ever managed people?” or “Do you know about the patent application process?” or “Are you a business owner?” The ensuing exchange becomes a rich conversation rather than a boring monologue.

So please – ditch the pitch.

And if you have any other suggestions for creative openers, I hope you will share them!

“Would You Recommend Your Law Firm to Your Friends and Family?” – It’s a Universal Question

Market researchers in many industries have come to believe that the answer to a single inquiry – Would you recommend us to your friends and colleagues? – is the most insightful indicator of customer satisfaction.  The rationale is that a customer would not risk his or her own credibility in recommending a product or service to someone else if it wasn’t worth it.

Law firms also see the merit of this question in attempting to gauge client satisfaction.  But what if a firm asked its own people the same question?

The external version (posed to a client) is a largely one-dimensional inquiry:

Do I, the client, sufficiently value what I my law firm delivers such that I would stake my personal or professional reputation by recommending it to others who trust me? - If the answer is no, then the firm should immediately take action to assess its shortcomings with that client, determine if the relationship can be salvaged and improved, or if appropriate, drop the client.

The internal survey (posed within the firm) is more telling because it measures additional factors:

Do I, the employee, know enough about the firm such that I could not only recommend it to others who trust me, but would be able to intelligently describe its services? – When it comes to cross-selling it’s not enough to have a partner introduce the client to another partner in a different practice area.  Every attorney and non-attorney is an ambassador for the firm, and must be educated to a reasonable extent about the practice mix, current trends, and the types of people and organizations that would benefit from that knowledge.  You can’t send the troops into battle without the necessary armor.

Does the firm value me enough so that I would want to recommend it to others who trust me? – The second factor revolves around the individual’s self-worth at the firm.  We all know that shareholders, associates, paralegals, legal assistants, admins, billing department staff, and a host of others in the organization each play an important role in delivering value to the client.  If an individual’s contributions to that mission are not recognized, she will be less willing to sustain that commitment, pursue new business opportunities, or refer a potential new hire.  That is not to say that lackluster effort should be commended; just as the firm needs to fire a problem client, the firm should also rid itself of those within the organization who are not dedicated to delivering value and a superior client experience.

What’s in it for me? – The third factor can be especially important for those who aren’t at the top of the firm’s hierarchy.  Everyone from your garbage collector to the president of the United States wants to be recognized for his achievements, and successful organizations get the most from their people by fostering a culture where individual achievements are publicly acknowledged and valued.  There are any number of ways to do this – a cash incentive, a congratulatory email broadcast to the entire firm, a gift certificate to a four-star restaurant, tickets to a pro sporting event, etc.  Recognition like this not only inspires the person to want to repeat the effort, but also encourages others within the firm to do the same.

So are you ready to ask the question to your people?