Lawyers – ask why they buy, not why they didn’t

22 08 2011

Have you ever thought about the reason people choose to buy legal services from a particular firm?

Sure, if you’re a lawyer in practice (or a business development professional at a law firm) you may have spent some time debriefing why you lost a tender, but have you actually talked to some clients to find out why they chose to use you in the first place? If you have, do you know why they continue to instruct you?

The firm's sophisticated accounting system registered another sale for the IP litigation practice

I was pondering this as a post from Mike Ames really reminded me of some of the timeless  fundamentals of the buying process that it’s good to revisit. It’s perhaps easier to look at the reasons why you don’t make the sale than the reasons that you do. The post addresses this imbalance, and is set is below in italics, and you can find the original post along with more solid business development ideas on Mike’s blog.

Strange really. We all buy things every day whether it’s a sandwich at lunchtime, petrol for your car or a £4m computer system the process is pretty similar but what makes us do it?

  1. Need. If you think about the obvious starting point is having a need that is either immediate or anticipated. Sometimes we may not be aware of that need (which is why the advertising industry exists, in case you ever wondered) and it needs to be brought to our attention.
  2. Capability. Who is going to buy anything that is not fit-for-purpose? Well actually loads of people but nobody does it willingly. So as a business developer you must demonstrate that your offering can meet all of the client’s needs. This can be tricky; a sort of a catch 22 – they won’t hire you until they know and they won’t know until they hire you. These are the ways round this dilemma: references; case studies; testimonials; site visits; risk and reward work; what you have said and written; you!
  3. Beliefs. People tend to buy from people who match the same beliefs as they hold (for more on this watch this brilliant TED video of Simon Sinek). It’s how all great brands work. They convince us that their beliefs are the same as ours and we buy. What do you believe in I wonder?
  4. Differences. Let’s face it if we were confronted buy two offerings that we could not differentiate between in any meaningful way which one would we select (drum roll) the cheapest of course. This is how commodities work: something that is purchased solely based upon its price. A nasty place to be and one to be avoided at all costs. Now being different is easy but being different in a way that benefits our clients is a lot harder however, dear readers, this is exactly what we have to do. We must show we are different from our competitors and that these differences somehow provide tangible benefits to the client. or we could just be the cheapest I guess.
  5. Value. We don’t always buy the cheapest but we all buy according to our own cost/value equation. Audi cars are brilliant: reliable, stylish, hold their value and make us feel cool but they are definitely not cheap and yet we still buy them by the boat-load (quite literally in fact). The reason is that Audi have provided those people who have sufficient money with a balanced cost/value equation – basically they are worth the money. We must do the same.
  6. Trust. Occasionally we are forced to buy from people we don’t trust. We don’t like it but we do it when we need to. What we really like though is to buy from people we trust so if you can build trust you increase the chances of getting a sale. Here are a few ideas: always deliver on your promises no matter how small; be open and honest at all times even if this is not in your best interests; be consistent. There are other contributories but these are the most powerful.
  7. Rapport. Probably not as important as you might think but having rapport with a buyer can swing the deal your way when its a close call. A lot of rapport stems from trust of course but try smiling more (recent research by Bangor University proved you will sell more if you do)  and just be you. When the American businessman Lee Iacocca was asked by a group of students what his best piece of advice was he answered “don’t fake it”.
So there you have it. To be successful at sales, find a client who has a need you can satisfy, demonstrate your credentials, show how you are different and how these differences can benefit the client, establish common beliefs and present your offering in such a way as the benefits outweigh their investment. If they trust you and there is a rapport between you start and draw up the engagement letter.




The future of law firm sales?

17 04 2011

Inspired by a recent dialogue on Twitter between Mike Ames (@Mike_Ames_Flair) and I (@intchallenge), I was struck by the similarity of some of our messages to law firms on the thorny subject of sales (talking about “client development” is much easier…). After posting some linked blog posts, we decided it was time to experiment with a social media-sales-mash-up.

James was not sure the practical sales training for lawyers was wholly relevant, but was willing to give it a try

Mike recently blogged about why lawyer’s don’t like the “S-word”, and I thought I’d add some of my thoughts to what I thought was a great post. It’s an interesting perspective, because while I’ve sold legal services, bought legal services and sold to law firms, I’m not an out and out sales person. Mike on the other hand has worked in business development for over 20 years, and has a history of both his own business development and coaching others to sell.

So, let’s mash (Italicised text is Mikes)!

Let me start by saying not all lawyers hate doing the “S” word. There are quite a few that I know who would prefer to do nothing but sales especially if meant getting away from all that tiresome law stuff and those impossibly demanding client-typesBut, whilst business development is an acceptable alternative phrase for sales (but not real work apparently) actually getting down to doing it is not top of the to-do list for most lawyers, but why?

Based upon my own coffee-house investigations (OK some of them weren’t carried out in coffee houses) these are my top 5:

  1. It takes too long – I just don’t have the time to fit it in. This is true, and the underlying cause is of course the tyranny of the chargeable hour. Maister talked years ago about the chargeable hour being today’s profit and the non-chargeable hour being tomorrow’s profit and nowhere is this truer than in the context of business development. How many other businesses would fail to recognise the importance of bringing work in to such a degree?
  2. It’s not my job – that’s what marketing are employed to do isn’t it? Sadly, the distinction between functions such as marketing communications, marketing strategy, pitch support and pure sales is often blurred in law firms, and thus the easy to understand link between sales and revenue often gets confused with other marketing-related activities that have much more difficult to calculate return on investment metrics.
  3. The law is more interesting – it’s what I was trained for and it’s what I want to do. This seems to me to be an entirely valid statement if you are working in a firm that can accommodate this approach. If not, then there may be a problem!
  4. I’m not sure what to do – I’ve had no real training or guidance. Definitely true at smaller and mid-sized firms. At the larger firms, I’d add a qualifier – the lawyers may well have had some training, but haven’t had the opportunity or encouragement to actually practice their skills and hone them. It might seem obvious, but selling is a skill – I remember first being taught Strategic Selling and SPIN selling as a circa 2 year qualified lawyer, but it wasn’t until I’d practiced them many times, often with an experienced business development professional at my side, that I began to internalise them and crucially, feel more comfortable using them.
  5. It’s just a bit grubby – I’m a professional not a used-car salesman. In my experience, while this attitude does exist, it’s dying out.

I’m not sure how close this to your own beliefs but they did crop up fairly consistently. By way of a response I would say: –

  • It is your job and is going to grow in importance. Accept it and move on. 
  • Sales is what makes the world go around – nothing happens until somebody sells something. If it helps consider yourself to be more of a facilitator. This is particularly true at the moment – you’ve cut costs, but revenues remain sluggish. Firms need revenue to grow. Of course it’s servicing the work that generates the revenue (and yes I know, managing WIP and aged debt are important too), but if you don’t sell effectively, the firm is unlikely to grow significantly – incremental growth of existing accounts in the current climate is unlikely to do the trick.
  • Like most things you can do it in a highly professional or decidedly sleazy way. You choose. This might seem like a no-brainer, but I’d go a step-further. If you are a lawyer with good client skills, the chances are you can be an excellent sales person. Professional, bright and good at asking questions, these are core selling competencies. Put some structure around them, season with a little theory, and then finish with a liberal serving of practice, and you’ve got yourself a rainmaker!
  • Once you have been trained it is easy and does not really take a lot of time. The sales cycle may vary depending on what you are selling, but importantly it will become a process that you can help shape, rather than just being on a treadmill of responding to client RFPs (requests for proposals).
  • It can actually be great fun, satisfying and very financially rewarding. Hell yeah. Closing a big piece of business can give a buzz that’s just as good as getting a deal signed, and you’re unlikely to have worked 48 hours straight to get it done!

I’m not a lawyer but I believe in the future the lawyers who get on most won’t necessarily be great at the law but they will be great at sales.

This I’d also agree with, but I’d also add some gloss. I think as more and more firms re-examine their business model, this will highlight the importance of the sales function. This may manifest as lawyers getting better at selling (more professional training, perhaps truly looking for sales skills and experience when recruiting), it may also result in the development of sales departments in law firms? Sounds a long way off? I’m not so sure. I’ve worked with firms who have business development managers who are very good sales people, and often accompany partners when they go out selling. This is a great model and it works very well. Where it falls short is of course scale, and for a large law firm (which is likely international), to have two or three really skilled sales people seems like an unnecessary restriction on revenue growth.

Now of course there are arguments that with professional services, clients are buying certain individuals, and to some degree I accept that. But even now there are challenges that can be made to that concept – when a partner pitches for work, will the client really be getting much of the partner’s time? The more efficient firms push work down to the minimum qualification level possible that will meet quality standards, and that will rarely be the partner. This of course helps keeps costs down, which translates into lower fees or higher profit margins, depending on the pricing structure.

In the IT industry, the concept of a pre-sales expert is common. This is someone with real technical knowledge who accompanies the sales force on prospect meetings to answer technical questions and demonstrate the company’s expertise. This model may need a bit of adapting for the legal profession, but I absolutely believe that the firms that invest in a highly skilled sales force, whether it’s lawyers, sales professionals or a mixture of the two, can really grow market share and win some serious business.

In that scenario, the losers? As Mike says, they’ll be those that turn their nose up at the S-word!

Mike’s website is here if you want to learn more about his approach to sales.





Presentation Shock and Awe

6 04 2011

Ever sat through a truly awesome presentation? Seen one on TED?

 

Hardkins & Partners were determined to show the client all 114 of their slides in the allotted 45 min presentation slot

What about during a law firm pitch?

 

As a reader of this blog, you’ve probably had some experience of pitches. Been on the receiving end? Starred in one? Orchestrated one? Been shoved in one at the last minute as a “subject matter expert” or simply to make up the numbers?

In today’s post I’ll share an interesting technique that might liven up your pitch experience, but first let me tell you why I think it might be useful.

In my experience both as a buyer of legal services and during my time consulting with law firms, I saw a surprising variety of approaches to pitches to win work. Some presentation formats were prescribed by the potential purchaser, but more often than not the law firm were often left to their own devices. The results (in my experience) ranged from expectation-bustingly good to a straight up car crash.

The good firms had really thought things through, probably got some insight from people at (or at least who know) the prospect, and maybe had used a pitch consultant.

Those that hadn’t turned up, usually mob handed to cover ever possible question the client may ask (ostensibly to “show commitment”) and armed with a battalion of powerpoint slides to pummel the prospect into submission.

Here’s a slide showing where all our offices are in the world.

Here’s a slide with some client logos.

Here’s a slide with some directory quotes (which I’ll read out loud to you).

You get the impression.

Now, it’s no secret that I’m not a fan of overly complex (particularly text heavy) powerpoint slides.

Who is?

Yet why (oh why!) do a large number of sophisticated, multi-million pound law firms still use them as the back bone of a pitch?

But wait.

Not all powerpoint is bad.

Far from it.

Powerpoint can be beautiful.

My bible in this area is Beyond Bullets by Cliff Atkinson, but Presentation Zen and Presentation Zen design (both by Reynolds) are also inspirational and can fundamentally change the way you use the tool to communicate.

But today I want to talk about an approach called Pecha Kucha. This is a presentation methodology that emerged from the Japanese design industry in 2003. The format is breathtakingly simple. Twenty slides (I Like to select powerful visuals for my slides, and I don’t think this approach requires anything different), each with a time limit of twenty seconds before it auto advances.

20×20.

Six minutes and fourty seconds.

Beautiful.

It forces the speaker to be concise, ideally entertaining, and to know his or her material. Critically, it encourages flawless delivery, which must be the aim for an important pitch, right?

Always keen to “eat my own dog food” I tried this earlier this week, with a small audience of around 25 people comprising lawyers (from in-house and private practice backgrounds), sales professionals, editors, conference organisers, training specialists and marketeers.

Here’s how I did it.

I started by identifying the key messages I wanted to deliver, and then ordering them among the 20 slides so I told a coherent story. I then pulled out three key points for each message and bullet pointed them. At this point I searched for images to bring them for life, and once complete I had the basics of my structure. I then did an approximate run through (without the auto-timing on), and then used the flow to write the text for each slide. Five lines of text seemed about right.

Next I set the auto-timing part (much harder than it should be on Powerpoint 2007, thank you very much Microsoft!) and did a timed run through to tailor the text.

Finalise text, repeat. Practice.

It took me around 3 run throughs to learn the material (given the work I’d already put in to building it, which undoubtedly primed my memory). The delivery was fine (but not, by my standards perfect – always good to learn what I can do better), and most importantly the feedback universally positive.

Now it’s definitely not going to be appropriate for all situations, audiences or presenters, but why not add it to your armoury?

How about using it as a tool to see if you can summarise what your law firm is all about in 20×20? What if you got several different successful salespeople to do it and see how similar (or different) the messages were?

If you used it in a pitch situation, how could you use the time you’ve saved to create more value from the meeting for the prospective client? (Suggestion: ask more questions, create a real dialogue).

Could you get five different lawyers to sum up the recent activity in their practice areas in 6min 40 and present to each other as a form of “show and tell”. Great way to update teams without sending them to sleep!

It’s a deceptively simple technique, but one that to my mind has a great number of powerful applications.

Why not give it a go?

I’d love to hear how you get on.

 





Smarter business development?

16 08 2010

One of my former commercial colleagues from corporate life was telling me the other day about an analysis they did of their business development spend. A huge proportion of their annual budget went into the team that responded to RFPs (requests for proposals) and yet their win rate for these opportunities was actually very low. The big deals came from existing clients, or through a network of trusted contacts and third parties that would allow the company to get visibility of the opportunity way before it went out to tender. Often, if the company could then show they could help the prospective client and had a strong value proposition for doing so, the buyer would see no need to go out to the market. If a tender was required, the company had often helped write the RFP or at the very least shaped the client’s thinking so the company was well positioned to win.

The chances of winning the work didn't look good

This then made me think about how much time lawyers spend being corralled into business development activity that is sub-optimal in terms of cost/benefit. In my experience, this plagues all stages of a lawyer’s career. From the trainee or newly qualified lawyer, forced to help compile a newsletter that goes out to a huge database of clients and prospects, but that very few people ever read (and let alone instruct the firm directly as a result)  to the specialist senior associate wheeled out in a pitch meeting to show expertise in an area that is really only on the periphery of the client’s needs, through to the partner spending  hours frantically pulling together a pitch document for a tender the firm has little realistic chance of winning. Surely there must be a better way?

What are the activities that really drive results when it comes to business development? Sadly law firms often lack the management information that help them make informed decisions in this area, and it may be necessary for individuals lawyers to think about this at an individual level.

While I don’t think there is a one-size fits all model, there are certainly lessons I can share from my own career, both as a buyer or seller of legal services. Written communications can have benefit depending on not just who they reach and how interesting they are to the audience, but what type of communication they are and how they are followed up. For example, while at a national firm I spent many hours writing a series of white papers on information security law topics. Making these freely available for download on the firm’s website would have limited value in my opinion, but working with our strategic partners to make hard copy versions a valuable “take away” from joint events, and using requests for electronic copies as a way of starting a sales dialogue to uncover prospect needs seemed to work well. Seminars were always great for increasing visibility in the markets, positioning my practice and making contacts, but it wasn’t until one of my business development mentors showed me how to take the contacts and add them to a sales pipeline that I really began to see tangible results from the activity.

Speaking as both buyer and seller, I’ve had some of my best business development results through investments in relationships. Whether it was strategic partnerships, solid account management, or the development of a personal relationship with a prospective client or intermediary, all have delivered in the end.  My personal learning from these situations is that the results have usually spun out of a genuine desire to learn about, and help, the other party in the relationship. It might sound idealistic or too altruistic, but it has certainly been true for me. By contrast many of the time-vacuums I mentioned early (newsletter editing, being dragged into pitches) often lack that personal connection and the ability to really understand the potential client’s needs.

Look at your diary over the next month: what are your business development commitments? Will that be time well spent? What are the items that are not in your diary but that are likely to appear at the last minute? What’s missing from your diary? Which key client or influencer should you be re-connecting with? Give them a call, and get some good karma by helping them solve a problem….