Practicing law is fun and fulfilling when you have your perfect dream case - one that strokes your ego, makes you feel good about yourself and what you do, and creates wealth. How do we obtain that dream case? This paper will suggest only a few of the ways to obtain the dream case.
First, you must have a goal and a plan to reach that goal. The goal may be to do auto wrecks or product liability cases; it may be to do employment or domestic cases. Regardless, you must first decide what type practice you want.
The plan for reaching you goal must answer three (3) questions:
- Where am I now?
- Where have I been?
- Where do I plan to go?
Before marketing for clients, you must have your office in order. Decide on the form of practice. Do you want a sole practice, office sharing, partnership or professional service corporation? Next, are there limitations to your practice? What do you exclude? What do you include? What practice areas are compatible? Corporate and business clients vs. employee representation; plaintiff personal injury vs. insurance defense work.
If you practice in a firm, do the firm members all do the same type work or does each person have a separate area of practice preference? Will your firm be a specialized firm vs. a general practice firm containing partners who specialize in specific areas?
Next, you must be competent in your area of preference. How do you become competent? Read books, attend CLEs in your specialty, get to know other lawyers who have similar interests. Ask questions!! Attend trials.
Your office must be able to support your area of interest. Do you have adequate and competent support staff? Is your office equipment up to date? Do you have the proper equipment? Computers, color printers, copiers, fax, Internet access. What's in your library or what library do you have immediate access to.
Will you be able to finance your practice? The cost of doing car wreck cases vs. vehicle crash-worthiness cases is drastically different. $10,000.00 vs. $150,000.00! Is your banker understanding?
Now we are ready for clients. How do we get them economically? There is no one way, but a combination of many.
Most of my personal injury cases are lawyer referrals. How was I able to get lawyers to refer cases to me when there are many better and better known lawyers in my area? First, you must become known as someone who has competence in personal injury. Become active in the trial bar. Go to meetings, seminars. Volunteer for bar activities - telephone, membership drives, state fair project, committees, man the KATA booth at KBA functions, etc. Introduce yourself to other lawyers, especially those who appear successful. Call these attorneys when you have questions. Refer cases to other lawyers or ask them to co-counsel a case with you. We assume that an attorney who is active in the trial bar and who continually goes to seminars is competent.
For example, my first successful jury trial was a referral from an Iowa attorney who was my teacher at a week long trial practice seminar. Several years later I attended an AIEG seminar in Phoenix to learn about ATVs (a referral from a Kentucky lawyer because he perceived I knew how to handle products cases). At the seminar I met a Georgia attorney who had two Kentucky crash-worthiness cases. He asked me to try the cases with him. One settled for a million dollars, the other tried to a 9.1 million verdict. I have now been asked to co-counsel a similar case in West Virginia with a West Virginia attorney.
My activity in ATLA has generated a number of out of state referrals of very good cases. Likewise, my knowledge of and friendship with many out of state lawyers has given me a list of lawyers to refer to or ask to associate with me.
Let the local attorneys know your specialty. When a client is referred to you for a specific problem, never try to keep a referred client as a permanent client. Do the referred case, then send them back to the referring attorney. Do the same with law school classmates.
Is going to seminar and bar meetings economical? Yes, the seminars serve a dual purpose: Education and networking. Plus, they are tax deductible. Many of my seminars serve as a vacation. Most volunteer work costs only a day out of the office.
There are numerous ways to obtain non-lawyer referred clients. Be active in your community whether it be the Chamber of Commerce, school, service clubs; appointed boards, college teaching or political activity. Never be a joiner; be a doer. You must be a leader. Always let others know what you do.
Volunteer to speak. Seek out opportunities to speak. Talk about the law; talk about safety; talk about the law's influence on safety.
Maintain a proper image whether it be Brooks Brothers conservative or Keeneland casual. What type car do you drive? Not a Bronco II if you do auto products cases. Your office must afford the client comfort. It must be clean, non-cluttered. Are your magazines up to date? Is there waiting room reading material dealing with safety and the law? Are there articles by you? Do you have a firm brochure or at least your curricula vitae in the waiting area?
Make friends with people who come in contact with injured people: Doctors, nurses, EMTs, police, wrecker drivers, insurance adjusters, labor leaders. Its unethical to pay for referrals, but it is not unethical to thank them and do things for them.
Your clients are great sources of referrals. Let them know you appreciate referrals and what type work you do. Some people think you only do what you did for them. Send your clients newsletters. The letters can feature articles on the law, highlight office staff or reflect recent successful cases.
In smaller communities, the yellow pages are an excellent and economical source of clients. Plan your ad. Remember the advise of Rodney Jew. People are color blind to red; less is more powerful. Black and white are the best contrast.
Friends, family and your children's friends' parents are also good sources of referral if they know what you do. Even defendants in civil cases when you represent the plaintiff are a good source if you were professional, respectful and ethical. Never forget how you treat a person may either haunt you or help you.
What you put in Martindale Hubbell or the Kentucky Legal Directory (blue book) is important. Today a Website can be beneficial. Select what you put on your web page with your specialty in mind.
Treat your clients like you would like to be treated. Return phone calls, send copies of letters and documents, report the progress of your case. All make happy clients - hence, referrals.
In conclusion, first you must be competent. Not only know the law, but stay up to date on new trends, new types of litigation, new theories of liability. You must be able to recognize cases when others don't.
Success rarely "happens." Success is sought, planned and achieved.