How To Earn Undying Loyalty From Business Clients (Part II) - Guest Blogger - Anita Campbell

(You can read Part I here.)

I have had the amazing good fortune of becoming 'friends' with Anita Campbell of SmallbizTrends and she graciously agreed to guest post here on a topic which is dear to her heart (as a former GC), writing contracts for real people, not court. She now runs a small business at Small Business Trends (www.smallbiztrends.com).

How to Earn Undying Loyalty from Business Clients by Standardizing Contracts and Writing in Plain English (Part II)

So, What is a Better Contract?

Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective? 

First of all, I take it as a given that a contract should protect the client’s legal interests – first and foremost. 

Beyond that, what makes a great experience for the client has more to do with how easy, fast and understandable the transaction “feels.”

Here are some guidelines for business-friendly contracts, documents and interactions: 

1. Write in plain English.  You’re probably aware there’s a movement for writing plainly, e.g., using I, we and you in contracts.  Some lawyers speak disparagingly of plain English contacts –– one lawyer I know calls them “kiddie” contracts.  But small business owners don’t think that way.  We are too busy running our businesses to be impressed with high-falutin’ legalese.

2. Write contracts for a 12 th grade education or lower.  This helps keep the frustration levels down.  At the end of this article is a citation to a tool that will help you check your contract language for reading comprehension scores.

3. Empower your clients through standardization.  By empower I mean, give clients form contracts that can be filled out with a minimum of involvement by you.  Or get them involved in the process of creating contracts and documents, instead of dropping everything in your lap.

For solo practitioners, this is especially important.  The last thing you want to be is a bottleneck for your clients’ business.  There’s only one of you, but many clients.  Do you expect them to wait for weeks until you can free up your time?

Instead, why not follow the lead of in-house counsel in business?  As in-house counsel, our staff was limited but the demands endless.  We did not get paid by the hour, so efficiency was top of mind if we wanted to have a personal life.  We standardized as much as possible into forms that could be filled out on a word processor by the line managers, by filling in blanks.  We also created sets of instructions to go with such contracts.  That way, we tended to spend the bulk of our time once to create a form and instructions, rather than reinventing the wheel over and over.

Another thing that we did was institute a protocol where the line managers filled out a document as far as they could, and then made an appointment to sit down with us in our office together to review it. The review requirement was written right into the instructions and also as a big bolded note right on the form contracts – to prevent non-lawyers from going it alone. The client felt empowered and in control because he or she set the pace.  But the lawyer acted as a safety net to ensure that unique circumstances were addressed properly and legal advice dispensed. 

For some types of transactions, rather than creating forms, we created detailed checklists for clients to fill out and bring to the lawyers.  Those checklists helped the client understand the transaction better.  Checklists shortened the cycle time for completing deals.  And they save the lawyers hours of time, saving the client money, too.

Yeah, but Standardization Undermines My Billable Hours!

Now, all of this standardization may sound counter to earning a living.  But I suggest just the opposite -- if you make it as easy and painless as possible for clients to deal with you, they will be eternally loyal.  They will so enjoy interacting with you, that they will find a recurring need for your services.  And they will value your services more, because they know you value THEIR time -- and their budget. 

Contrast that with the lawyer who insists that every contract or document must be written from scratch; who makes legal mountains out of molehills – and makes everything so complex that the small business owner cannot even delegate to staff, but has to get personally involved each time. 

What happens to that lawyer?  Clients get frustrated.  They avoid coming to the lawyer even when they know they should.  Why?  They know the process will not be efficient.  They fear their business goals will be delayed. They start making lawyer jokes. That’s when they start going bare, without legal counsel.  Or worse, they start pulling out old agreements or downloading contracts from places like www.DocStoc.com and playing attorney without the benefit of proper advice.

What Can Be Standardized?

Many contracts and business documents can be standardized and turned into fill-in-the-blank forms, if you take the time to do so.  Here is some low hanging fruit:

Employment offer letters

Customer contracts

Non-disclosure agreements

Consulting agreements

Agreements to hire freelancers or independent contractors

Employment handbooks (to cover many employment-related issues)

Resources to write better

Let me close by pointing you to several online resources you can use to make contracts more understandable and less frustrating for clients:

Readability test: http://www.online-utility.org/english/readability_test_and_improve.jsp

Plain English for Contracts: http://www.partyofthefirstpart.com/.  Check the associated blog for this site, too, for a list of other websites and blogs that cover plain English writing:  http://thepartyofthefirstpart.blogspot.com/

Transcript of Podcast for using plain English in general today:   http://www.thecomwellgroup.com/podcast/9-2006.htm

* * * * *

Anita Campbell is a former General Counsel who now runs a small business at Small Business Trends (www.smallbiztrends.com).

"Tip of the Week" - Celebrate Your Mom, Mom-in-Law, Mom of Your Children

This is my beautiful, wonderful mother.

I categorically know but for her innate wisdom, keen intelligence, endless kindness, compassion, incredible perseverance and 'never say 'can't' attitude' I would not be the person I am today.

Happy Mother's Day.         

Cramming 31 Hours in a 24 Hour Day - Solos Do This

This is a fascinating ABC news report showing us how technology allows us to cram 31 hours into a 24 hour day.  Is this a good thing or not?  I know it took me 8 days in to a 14 day vacation to actually relax.  I'm not so sure this is a good thing.

I know I would rather have more time than money.  And you?  As a solo are you finding you need to create 31 hours in a day?  Do you have to or just feel like you have to?  Good time to review your time management skills, how you delegate repsonsibilities, how you create your priority lists.

Let's get back to 24 hours in a day...and a good night's sleep.

How To Earn Undying Loyalty From Business Clients (Part 1) - Guest Blogger Anita Campbell

I have had the amazing good fortune of becoming 'friends' with Anita Campbell of SmallbizTrends and she graciously agreed to guest post here on a topic which is dear to her heart (as a former GC), writing contracts for real people, not court. She now runs a small business at Small Business Trends (www.smallbiztrends.com).

How to Earn Undying Loyalty from Business Clients by Standardizing Contracts and Writing in Plain English

Having been a lawyer for many years and later moving to the business side, I have gotten a taste of my own bitter medicine. 

I have come to realize how frustrating the standard operating procedures of many lawyers can be to small business people.  I learned that with some changes and adjustments, the process of lawyer and client working together could become mutually-respectful, instead of painfully slow, laborious and frustrating.  In this article, I’d like to share some thoughts about how you can earn your small business clients’ loyalty and make for a more enjoyable time practicing law.

Let’s start by taking a look at what every client dreads – going to your lawyer for what you think will be a simple contract, only to end up with the “contract from hell.”

What is a Contract from Hell?

A contract from hell:

• Requires 25 years of schooling to comprehend.  A typical “legalese” agreement may require a reading level of 25 years of education! Too bad almost none of us have a 25 th grade education. 

• Uses words like “whereas” and “heretofore” and similar adverbs. If you manage to conduct business in real life without such words ever passing your lips, why do you need them in a contract?

• Has more than 5-7 defined terms.  Lawyers love defined terms in contracts.  In moderation they can make a contract clearer and shorter – you don’t have to use as many words to keep describing the same thing.  But over-use them, and the contract becomes indecipherable.  Nothing makes a contract harder to understand than stopping to look up a defined term every 20 words.  No, I take that back – there is one thing that makes a contract harder to read:  putting defined terms within the definition of other defined terms. 

• Has multiple exhibits attached.  Does any contract short of a multimillion dollar Wall Street transaction really need 5 exhibits or appendices?  Exhibits can make it easy to amend a contract or include regularly changed information or numerical formulae.  But anytime you have to stop and refer elsewhere in a document, it interrupts concentration. Plus, exhibits have a disastrous tendency to either (a) not get filled out properly, or (b) come loose and get lost in the backs of folders and on fax/copy machines.

• Leads to avoidable litigation.  The contract from hell is virtually useless as a business document, because non-lawyers cannot understand it.  It goes into a file, never to be seen again. If you want to get your clients involved in litigation, go ahead and write contracts so complex that your clients inadvertently violate them. 

So, What is a Better Contract?

Having told you some of my pet peeves as a small-business person around contracts, you’re probably wondering, what makes a good contract from the client’s perspective?

(Part II will be featured here on Monday, May 12th. )

* * * * *

Anita Campbell is a former General Counsel who now runs a small business at Small Business Trends (www.smallbiztrends.com).

Going Solo; Confessions and Inspirations - Amy A. Breyer

This solo lawyer is one of a new breed focusing on animal law.  I say new breed (pun intended) because while there have always been lawyers who have defended animals they were always seen on the 'fringe' as animal rights was marginalized.  Now, however, animal rights are finally being recognized and creating an increasing valuable niche for lawyers who choose to defend the rights of animals. Our guest blogger is one of them.  I also encourage you to visit Amy's blog as she has created an impressive list of animal rights lawyers throughout the country.

Guest Blogger - Amy A. Breyer

I opened my office on March 1, 2002 and (fortunately!) have been in business since.  I have a niche in a small but growing area of practice: animal law.  In case you're not familiar, animal law is very much like environmental law: an umbrella designation that includes a wide array of topics.  For example, just like environmental law covers air, water, land, pesticides and so forth, animal law covers farm, research, wildlife, companion animals and more.  And just like environmental laws involve civil statutes, criminal penalties and massive regulations, animal laws range from pet trust provisions in estate planning laws to cruelty prosecutions to massive (albeit largely ignored or ineffectual) regulations covering use of animals for food or research.

When I decided to apply to law school in 1996, I had already worked in TV news for more than a decade.  My “aha” moment came while I was reading a story on the wires about a defendant in Florida who was convicted on cruelty charges for beating his puppy to death for soiling a carpet.  I realized I didn’t just want to tell people about what happened, I wanted to nail this guy’s *!*# to the wall.  So goodbye journalism, hello law. At the time, not only was animal law still largely unheard of, even just admitting I was a vegetarian was often a pretty marginalizing experience.

Fortunately, the sudden rise in popularity of animal welfare and rights issues in the past few years has changed the social landscape dramatically, but I still run into plenty of folks who just don't “get it”.  Individuals who don't have companion animals frequently don't understand - or are unwilling to accept - the fact that the bonds people form with non-humans can be just as strong and meaningful as those we form with other people.  Moreover, just as the law has come to acknowledge that race and gender are not meaningful criteria for denial of all rights, I believe the law will eventually recognize that neither is species. This doesn’t mean that all rights should be extended to all species; it is pointless to suggest that my cat should have the right to drive my car.  However, one day I believe that society should – and will – accord at least certain fundamental rights to at least some non-human species. And when I am able to genuinely persuade a judge to just even seriously think about any of these issues, it's a good day.

Case in point: several years back, I represented a woman on a veterinary malpractice claim.  The case was pending in a conservative county.  For the better part of a year, the judge - who was smart and clearly read all the briefs submitted in his courtroom - ruled against me on pretty much every issue, every time.  After about a year of motion practice where the insurance defense counsel brought every motion he could think of to try to dismiss or gut the damages out of the case, he brought a motion to transfer down to small claims, which had a jurisdictional limit of $5,000.  Figuring there was nothing left to lose, I told my client to come to the hearing.  I put her on the stand and began to question the client: a widowed, Holocaust survivor who lived completely alone because well, her dog was now dead.  When I got to the $64,000 question (ok, technically the "Plaintiff seeks in excess of $50,000" question...), I asked: What would you rather have? A million dollars or your dog? Opposing counsel literally jumped out of his chair to object (repeatedly).  The judge overruled.  I asked again, and (tearfully, of course), the client said she would rather have her dog back.  By the end of the hearing, the judge denied the motion to transfer her case down to small claims, ruling that he would not say as a matter of law that her claim was worth less than $5,000!

The Law Offices of
Amy A. Breyer, LLC
33 N. LaSalle Street, Suite 2020
Chicago, Illinois 60602
(312) 977-1400
(312) 977-1401 (fax)
http://AnimalLawOnline.net

Blog: http://AnimalLawOnline.blogspot.com

The "Tech Guy" - Dave Carson

I thought it was time to introduce the tech guy constructing Solo Practice University.  His name is Dave Carson and he has posted his own introduction at the Solo Practice University construction blog.

A little more about Dave which he may be too modest to say...he's brilliant, engaging and fun to work with;  innovative, committed and earnest yet carefree, creating his own future when he could have gone the more traditional path.  He personified the spirit behind Solo Practice University.

Dave adds a very important dimmension to SPU... technology, perspective...and a whole lot of fun.  We're fortunate to have him as our uber-geek.

Want Your Ideal Client? Be Their Ideal Lawyer

Identifying who your ideal client is, well, just the beginning.  You need to learn how to attract your ideal client so they will actually contact you to determine if they need your services and if you are 'ideal' to deliver those services to them.  How do you do that?

This post is not about branding directly.  I've discussed branding here and here.  This post is about understanding who you are targeting by generational differences and reflecting back their values in order to attract their business.  Each generation is classically 'labeled'.  Understand there are always exceptions and subsects within each group, but in general you should not be targeting the exceptions.

In James Chartrand's (of Men with Pens) post on Copyblogger, "Are You Talking to My Generation?" he writes the following:

There are four generations out there right now, all with money to spend: the Silent Generation, the Baby Boomers, Generation X (or the Thirteenth Generation) and Generation Y (or the Millennial Generation).
These people are zooming through the Internet connections. They’re surfing and buying every day. They’re looking for solutions, and you may have exactly what they want.

You’ve done your research. You know the demographics of your target market. You know their needs. You’ve chosen a design that appeals to that group and you’ve wordsmithed your content to be rich in benefits.

People hit your site. Those potential customers take a look and then…

Click. They’re gone. You’re left wondering…

Where’d Everyone Go?

Sales that don’t soar may be a problem of generational targeting. You might be targeting the right audience, but you may be turning them off with the values your website portrays. In essence, you may not be effectively conveying what makes your audience feel comfortable.

Gen X might like friendly, slightly cocky content. The Silent Generation may prefer a professional, authoritative tone. Baby Boomers may like a site that stimulates thoughts of self-gratification and leisure. Gen Y might be searching for what’s cool and trendy.

Each generation has a core set of values that define the group as a whole. Life events and experiences shaped each generation’s way of thinking. They have specific beliefs, opinions and values that they uphold.

These generations needs to know that the company they’re dealing with supports what they believe to be valuable.

Are you the business they’re looking for?

It is important to first identify the ideal client you are targeting then learn their generational values and see where they may fall in the following categories:

Silent Generation: respect for authority; conformity and adherence to the rules; law, order and duty; dedication, hard work and sacrifice.

Baby Boomers: personal gratification; personal growth, health and wellness; optimism and positive attitude; teamwork and being involved.

Generation X: diversity and global thinking; self-reliance and independence; life balance; fun and informal attitude; technologically literate.

Generation Y: confidence and achievement; sociability and collective action; diversity and morality; street-smart; optimistic and savvy.

These days, it’s not enough to slap up a nice design and some well-written content. You have to get into the heads of your buyers and learn how they think – and why they think that way. Targeting your market means intimately knowing who’s going to feel good about your business…

And who isn’t.

These are very important concepts when designing a marketing campaign and creating branding for yourself and your firm.  If you don't know how to effectively appeal to your target market's generational values, get help. But make sure you build that bridge.

If your services transcend generations you may need to consider separate campaigns.  Consider Coke.  They go after young and old in very targeted markets.  You may remember recent Coke campagin where a can of Coke inspires an older gentleman to skydive, etc. (the fountain of youth?).  Yet Coke targets the youth in other campaigns.

Given the nature of internet marketing, this can be easily done.  I can envision a well crafted website with landing pages for each age category or something along those lines. If you understand the concept, be creative.

But generational targeting can also be important in helping you to understand how to actually 'deal' with your client in the attorney/client relationship. 

If you are not sure how to get started doing research, be a little more informal. Canvas your existing clients, the ones you consider 'ideal' and say, "while I have a normal system of operation in my business (this is you maintaining control over your business and time) are their particular things you would like to see in the communication or interaction during our relationship which would make it more comfortable for you? If I can accommodate you I'd certainly be willing to try."

I have clients that flat out ask their favorite clients questions you would see in focus groups like 'please review my website...what would you improve upon?  Now that you know me in my capacity as an attorney, do you think my site accurately reflects my personality and what I do for you? Am I reflecting your values? Be creative...but never shy.  This is your livelihood.

(Please take the time to read the comments on Are You Talking to My Generation as it is a highly informative and thoughtful discussion of generational targeting.)

Update: Solo Practice University

First, I want to thank the more than 500 who are following the construction progress at Solo Practice University

But this note is quick.  There are more than 50 subscribers who have dropped their e-mails in the widget to the right who remain unverified, not through lack of interest, but because they did not complete the final verification process:

1.  Enter e-mail address in widget to the right of this post

2.  Enter verification code in the screen which immediately displays

3.  You will receive a confirmation e-mail from Feedburner which says,

"confirmations@emailenfuego.com service address that delivers email subscriptions for Solo Practice University. You will need to click a link listed in this message to activate your subscription.

I believe it is at step three where the hang up:

A.  If you are a student and using your law school's e-mail address, a firewall may be blocking the confirmation e-mail.  I encourage you to use your personal or business e-mail.

B. If you have a robust spam filter, your verification e-mail may be in your bulk or spam folders.  So, please check if you have not been receiving your updates and then verify your subscription.

C. If you are still not getting your updates, sign upagain, taking note of this discussion.

Starting this week, the updates will be posted more frequently as we have much more to tell you about.

If you have any questions, please contact me at susan (at) solopracticeuniversity.com

Many thanks for your enthusiasm about Solo Practice University. It's quite the motivator!