Here are some of my favorite posts.  I hope you enjoy them.


Communicating Value and Price

I’ve been a big fan of Merlin Mann for several years now.  As I was checking out his website yesterday, I found his pricing page cheekily titled: Do You Charge Money to Do Things? Here’s how Merlin describes his pricing scheme:

For most all of my speaking, consulting, and advisory work, yes: I do charge a fee, plus expenses. And, candidly, I charge kind of a lot….  I learned a long time ago to only work for or with people with whom you have mutual admiration and respect—and who already think you’re valuable and great at what you do. In my experience, the folks who expect you to make a case for your own value make for terrible clients. They may be good negotiators and nice people, but working for them is a gut-wrenching travesty. And I don’t do travesties.

With all that said, I do a fair amount of (private, unpublicized, non-ribbon-based) work with non-profits and other deserving groups. And, no, I normally do not charge for this work. So, If you’re working for a good cause or represent an organization that’s trying to do something you know I care a lot about, please ask me. No promises, but I’ll do what I can with what I have.

So, yep. “Expensive” or “Free.” It’s a fee schedule that works.

I think it would work well on a firm website, and provides an important reminder every lawyer should have on their desk: “The folks who expect you to make a case for your own value make for terrible clients.”

Thinking Unthinkable Thoughts

Kevin Kelly thinks about thinking the unthinkable:

The futurist Herman Khan introduced the idea of “thinking the unthinkable” as a way to loosen up the imagination in trying to forecast the future. Most time we are unable to guess the future because we are inhibited by conventional wisdom – something that everyone knows is true. For instance everyone (including me) knew that an encyclopedia written by amateurs that could be changed by anyone at anytime was simply a silly, impossible idea. That prevented anyone from forecasting wikipedia. Herman Khan stressed that we should assume what we know is wrong and begin to imagine how the unthinkable might happen.

Looking back even ten years, who would have predicted the legal present we’re experiencing now?  Services like Facebook, LinkedIn, Avvo, LegalZoom weren’t around, and the biggest technology decisions most lawyers had to make was between Wordperfect and Word.

Looking forward to 2020, what is “unthinkable” for law practice?  What things are we absolutely certain won’t happen in the next nine years?  Here are a few of mine:

  • There will be no “medium-sized” law firms any longer.  All lawyers will either practice in firms of less than 10 attorneys or more than 1000.
  • The court system, as a venue for dispute resolution of any kind, will cease to exist.  Every dispute will either be settled in mediation or through submission to a computerized, artificial intelligence system, and parties will be bound by its decision.
  • Thompson/Reuters/West and Lexis/Nexis will merge.  Nobody will notice.
  • Law schools will merge with business schools to actually teach students both to “think like a lawyer” and to run a profitable business.
  • Facebook will introduce a feature that automatically recommends to divorcing couples how they should separate their friends and property.

Leave your unthinkable 2020 predictions in the comments, or tag them on twitter with #2020Unthinkables.  I’d love to hear what you think won’t happen in 2020, too.

Resolve to Let Clients Set Your Price

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I’ve been using my “You Decide” fill-in-the-blank invoice, for over a year now.  In that time, I’ve found time and time again that my clients pay me more than I would have charged them.  And, in situations where clients demand a fixed price, I’m quoting them much higher prices (coupled with a money-back guarantee) than I would have before my invoice experiment.

Even though I’ve been doing flat-fee work for almost a decade, I used to (even subconsciously) focus on the time it took me to do something.  Now, everything I do is focused on delivering the biggest “bang” for my clients, knowing that the “bucks” will come.  I don’t track phone calls, preparation time or limit meetings, and I don’t charge for materials, travel, meals or other expenses.  In short, I trust that my clients will take care of me if I take care of them — and they always do.

In 2010, I’d encourage you to resolve to let your clients set your price — at least once.  Ask a trusted client to list all the services they’d like you to provide for them.  Suggest unlimited phone calls, regular meetings, document reviews, etc.  Provide all these services to them for a month’s time.  Then, ask them what they’re willing to pay for all the work you’ve done.

You may find your clients value your services more than you do.

Resolve To Fix Your Technology Less

This resolution is for nearly every solo and small firm lawyer out there (including those with computer science degrees): Resolve to Fix Your Technology Less. How many times has a quick technology fix turned into a day of un-billable time?  Trust me on this one, no matter how much (or little) work you have, your…

Ten New Rules of Legal Marketing

Legal Marketing has changed.  It used to be enough to keep an ad in the yellow pages and belong to the Rotary Club.  Not anymore.  Times are tough, so I present to you Ten “New” Rules of Legal Marketing.  Let me know what you think. 1.  “My lawyer can beat up your lawyer” isn’t a…

Ten Rules for Presenters

Lately, I’ve been giving lots of presentations, and have six more coming up before the Summer ends. I work pretty hard on my speeches (here are a few examples of my slides) and thought I’d share some of the tips I’ve learned the hard way in this Ten Rules post. Enjoy! 1.  The greatest gift…

Rethinking Your Firm’s Bills

If your clients designed your bills, what would they look like?  Would they be easier to understand?  Contain useful case status information?  How about upcoming dates or milestones?  Would your bills include information about the people who worked on the case that month?  How about a report card seeking monthly feedback about how you’re serving…

Ten Rules of Client Service

Quick, name your favorite customer service class from law school.  Can’t do it?  I’m not surprised.  Most lawyers don’t learn much about client service in school, and the only class that touches upon service at all is Legal Ethics — which is kind of like teaching someone to ride a bike by showing them lots…

Best of NBH: Autopsy Your Dead Files

Remember the television show Quincy?  Jack Klugman played a Los Angeles medical examiner, and in every episode, his autopsy would reveal that the decedent (who’d seemingly died of “natural” causes) was a victim of foul play.  Using the clues he’d gained from his examinations, Quincy would convince the police a homicide had occurred, and then manage…

Resolve to De-Confuse Clients

What confuses your clients?  What are the things that your clients never seem to really understand?  Is it the directions to your office, your retainer agreement or their monthly bill? No matter how much you deserve it, undivided attention from clients is a rarity today.  Whether it is because of their email pinging, cell phones…

Thank Your Clients This Year

You have just enough time to send out Thanksgiving cards to your clients this year.  Why Thanksgiving cards instead of other holiday cards?  Here are a few reasons from this 2008 post: Thanksgiving is a holiday about giving thanks.  Thanksgiving is the perfect opportunity to offer your clients a genuine “Thank you for being our…

Resolve to Land a Big Fish

Almost every lawyer has a “big fish” they’d like to land. Whether that fish is an individual client, a corporation, an insurance company or even a great referral source, your big fish isn’t going to catch itself. And what better place to find advice on catching “big fish” than on a website called TakeMeFishing?  Some…

Resolve to Apologize Better

Everyone makes mistakes.  Even lawyers.  That's why, in 2010, you should Resolve to Apologize Better.   Why apologize?  Apologies increase client loyalty and reduce malpractice exposure.  But how do you apologize better?  Practice!  Here's a great guide from Psychology Today (about apologizing to women) that sets out the six mandatory elements a good apology: 1. Acknowledge…

Ten Rules of Legal Innovation

“Innovative Lawyer” shouldn’t be an oxymoron.  Lawyers — who are constantly applying their creative, problem-solving skills to help clients — too often turn their innovation engines off as soon as their “billable” work ends.  If you’re a lawyer, and willing to set aside some time to innovate, I am happy to help you.  Until then,…

The Haiku of What You Do

I’m a fan of Haiku, and have been doing an exercise based upon it for several years now at conferences and law firm retreats.  Instead of the 5-7-5 syllable format, I ask my audiences to answer three questions, using just five words for the first question, seven for the second and five again for the…

Ask Your Clients Better Questions

In A Manager’s Primer on Asking Better Questions, Marty Baker at Creativity Central shares several dozen open-ended questions designed for various situations like Anticipation, Assessment and Clarification that serve as a valuable reminder that “yes” or “no” questions don’t always get you the information you need. Here’s the suggested questions on “Exploration” from the post:…

Ten Rules of Rainmaking

I often quibble with the term “rainmaker” because I think it too often describes lawyers more interested in getting new clients than in keeping current ones.  However, because “10 Rules for Business Development,” and “10 Rules for Keeping Clients So You Don’t Have to Replace Them” don’t have the same nice ring as “ 10…

100 Tweets: Thinking About Law Practice in 140 Characters or Less.

I really like Twitter.  For those who follow me, you know that I try to share lots of legal-themed tips, thoughts and ideas.  In fact, most of my Ten Rules posts started out on Twitter — where I’ll test 15-25 “rules” to see which ones work best before picking the ten favorites. However, there’s lots…

Best of NBH: Counting Cards

I’ve always thought the idea from this post was a powerful way to understand the gift of time and what you can accomplish in a year: Resolve to Count Cards, using this this incredibly powerful exercise I first ran across in 2006.  From an article in the now-defunct Worthwhile Magazine (by creativity guru Eric Maisel) comes this…

Is your website for your clients or for your peers?

Inspired by this venn diagram found on Business Pundit,  I thought I’d do one for Law Firm Websites: