Resolving Unacceptable Payment Terms for Your Clients (without losing the client)

Unacceptable payment terms. It’s an easy way to lose good clients. Sometimes it’s a major issue for you, other times it’s an issue for your clients. Handle this thorny issue poorly and you lose your client.

How do you handle it well?

That’s a thorny issue that’s often addressed with generic advice, which frankly, isn’t helpful.

What do you do?

Do you know which client you’re dealing with?

When it comes to payment terms you’re dealing with three types of clients.

1. These are the clients who, for whatever reason, decide they don’t want to talk about money. They may decide against “the talk” ahead of time or when it’s time to pay. They may be embarrassed to discuss a financial problem, ashamed of something in particular or desperate to save face.
2. These clients may be confused about the payment terms. Or, they may stop paying when they run into trouble. These clients often demand favorable billing terms (e.g. net 30, net 60) if they’re in dire straits, further complicating your cash flow dilemma. If they’re mistaken for deadbeats the client/firm relationship may sour.
3. These clients have decided they’ll accept your hard work but they won’t pay your invoices. It could be an immediate problem but it’s more likely to become a gradual one. These clients respond to consequences, not empathy. They’re not interested in negotiating, they’re focused on evasion.

Here’s why these distinctions matter.

The way you resolve unacceptable payment terms with your clients determines whether or not you’ll be paid for your hard work. It also determines when you’ll be paid.

Profiling is key.

Treat delinquent clients like a deadbeat client and they’re far more likely to become one. Extend empathy and grace to deadbeat clients and you encourage abuse. Ignore avoiders and you won’t be paid.

Your clients aren’t created equal

Negotiation works best when you know who and what you’re dealing with.

Furthermore, you’ll find the 80/20 rule applies here. A minority of your clients produce the majority of your headaches and disputes.

This is good news.

The better you are at resolving unacceptable payment terms, the happier your clients will be. The better you are at profiling your clients, the better your cash flow will be.

It starts with payment terms.

What are unacceptable payment terms exactly? An unacceptable payment term is any arrangement you feel is unacceptable to your firm. That seems broad and very generic so let’s add some qualifiers.

Good payment terms…

1. Are consistent with the standards you set and previously discussed with your clients. Hourly, retainer, fixed fee – the fee arrangement doesn’t matter. What does matter is consistency. You’re consistent with the standard you set.
2. Are clear. It’s a good idea to verify that your clients understand the conditions of your payment terms ahead of time. It’s also important that you get a clear idea of your clients expectations regarding your payment terms ahead of time (e.g. I expect you to work with me if I run into trouble or I don’t talk about my financial problems).
3. Depend on mutual consent. Were you bullied into net 60 terms to win business? You’re probably going to want to renegotiate, especially if clients take 90 or 120 days to pay. It’s the same for your clients. If they received unfavorable terms when they were desperate, they’ll want to (a.) renegotiate for more favorable terms or (b.) move on as soon as they’re able.

What if you’re working with them for the first time?

Same thing.

The first step is negotiating payment terms that are consistent, clear and agreeable to both parties. There’s just one problem.

The Yes.

Getting clients to say Yes is horrible, if you don’t know what kind of Yes you’ve received.

You want the Yes.

You want your clients to commit to the payment terms you’ve proposed. In fact, you don’t want the No. The No is what’s horrible. Yes is the only way you get what you need.

Which is why Yes is the problem.

Which yes have you received? Because there are actually three different kinds of “Yeses.” Do you know what they are?

1. Counterfeit yes. The dishonest yes clients give knowing that they plan to renege on you later. They’ll claim their situation has “changed” or cite cutbacks. They’ll use this yes to get you to go away.
2. Confirmation yes. It’s a reflexive response to black and white questions. It’s the yes we’re often tricked into giving. It’s an affirmation with no promise of action or results.
3. Commitment yes. Genuine agreement that leads to action and/or results. The yes you give when you really mean it and fully intend to commit to a particular course of action.

What you really need is a No.

No leads to clarity. It shows you whether you’re dealing with an avoider, delinquent or deadbeat client. It gives you a clear path to follow. When you hear the word No does it mean they’re…

• Not ready to agree?
• Don’t understand (but are too embarrassed to admit it)?
• Feeling uncomfortable?
• Interested in an alternative or something else altogether?
• Looking for more information?
• Going to need to discuss things with someone else?
• Not able to afford your services at all?
• Simply not interested in working with you?

Only one of these is an explicit rejection. Which we automatically assume. But this isn’t what No actually is. No provides protection, gives us control, it helps us feel safe and secure.

How do you use No?

It’s simple. You lead with a simple question.

• What about this payment arrangement isn’t working for you?
• What payment terms would better for you?
• Would _____ work instead?
• What is it about these payment terms that doesn’t work for you?

Then you listen.

You give clients the unconditional positive regard they need. You give them the permission they need to say No. You create psychological safety. Give clients the attentiveness and respect they need and they feel heard. Understood.

Then, you summarize.

You repeat their words back to them, summarizing things in your own words. How do you know you’ve succeeded? When you hear a variation of the phrase “that’s right.” This tells clients they’ve been heard. It’s the breakthrough you need to address their core issues.

This all sounds like touchy-feely nonsense.

I hear you.

And you know what? It is. It is a bit touchy-feely. But it’s also something clients need. When they’re free to say No, they’re free to say Yes. To give you the commitment you really need.

Sounds cliché but it’s true.

Wait a minute. Does this mean you’re going to bend over backward and give clients whatever they want? Not at all. It means your clients are free to say No to your offer. Nothing more, nothing less.

This doesn’t resolve unacceptable payment terms

It’s true.

These strategies won’t work unless you have the missing ingredient.

An unknown, unknown.

It’s what risk analyst Nassim Nicholas Taleb calls the Black Swan. In this case, a Black Swan refers to game-changing knowledge, circumstance or events.

What does that look like?

• Your client won’t pay unless things go their way (deadbeat)
• They’ve run out of money (delinquent)
• They’re angry with you and disappointed at how you’ve handled their case (avoider)
• You humiliated them in front of their colleagues and they want to fire you, without paying (deadbeat)
• Your client isn’t looking for resolution, they want to drag things out to bankrupt their spouse (avoider)

These are all game changers, aren’t they?

That’s the problem. Most attorneys receive generic advice. If clients agree to payment terms but fail to keep their word the advice is the same.

Follow-up, offer payment plans, sue if necessary.

These articles aren’t offering strategies that produce the long-term results you need. It’s generic advice that neglects the real problem.

The Black Swan.

You can find the Black Swan if you use the tactics I’ve shared so far. You can find it if you have the right strategy.

What if you don’t though? What if your client refuses to give you a No? What if you can’t find the elusive Black Swan? What if you do everything right and still fail to get the No?

You can’t resolve the problem.

You can’t fix these unacceptable payment terms.

You can resolve unacceptable payment terms

You can do it without losing clients.

It can be difficult to resolve. It’s a major issue for you, it’s an issue for your clients. Handle this thorny issue well and you’ll be rewarded with a Yes. The commitment Yes that produces the long-term results you want.

How do you get the Yes?

You start with No. Make it safe for your clients to say No. Give them the attentiveness, psychological safety and respect they want. Listen, then summarize. When you hear “that’s right” you’ll know you’ve succeeded.

Negotiation works best when you know who and what you’re dealing with. Profile your clients then draw out their No. Find their Black Swan and you fix the unacceptable payment terms.

Everything you need to keep good clients.

There’s so much lawyers can automate, yet they believe automation is risky. 

That’s the hidden fear many attorneys have. There’s a fear that automation won’t work consistently or that devastating mistakes will be made.

Are these fears unfounded?

Absolutely. In the ultimate guide to automation, I shared the strategies and tactics top performers use to automate their legal practice. These strategies include important checks and balances that allow you to verify tasks are performed as expected.

What about the tasks you can’t automate?

You know, the ones that require people?

There are a variety of tasks attorneys and their support teams perform on a daily basis that can be automated. Often times, the immediate assumption is that “automation” = AI. But AI isn’t a must-have for automation.

More often than not there’s a mix.

Typically it’s a combination of people, technology and information. This is a key point as many seem to feel it’s not truly automation if people are involved.

Why is this the case?

The paradox of automation.

In his book The Personal MBA, Josh Kaufmann talks about the paradox of automation. He outlines a surprising twist to the coming automation/AI revolution.

“The paradox of automation says that the more efficient the automated system, the more crucial the human contribution of the operators. Humans are less involved, but their involvement becomes more critical.

If an automated system has an error, it will multiply that error until it’s fixed or shut down. This is where human operators come in.”

Did you catch that?

The more efficient the automated system the more important you are to that system. This has far-reaching applications for you and your firm. This applies to every industry across the board.

Attorneys without automation are in danger

You’re being squeezed.

Crushed by the growing demands around you. Clients are demanding more value for less money. Firms are expecting more billables. All across the country, hourly rates are going up as revenue and profit declines.

You’re expected to do much more, with much less.

Attorneys that neglect automation are in danger of being left behind by their peers. Attorneys who can keep up with new demands from their clients, partners and peers will win.

There’s only one way to keep up.

Automation.

Here are three unexpected tasks attorneys can automate to maximize billables, improve performance and decrease work times.

Task #1: Legal research and monitoring

Wouldn’t it be great if you could feed your memorandum or brief to an AI and receive a list of relevant cases back in return? Instead of spending hours on Lexis wouldn’t it be nice to have relevant results sent to you?

Apparently, you can.

Tools like Ross Intelligence and Eva provide attorneys with the on-demand legal research they need. You ask legal questions in plain English and you get automatic answers to your questions. Data in all practice areas. Data from State and Federal courts, published and unpublished.

Take a look.

Analyze briefs, memos, motions, and pleadings. Monitor developments in law around the clock, receive automatic notifications. Ross isn’t the only option either. Attorney IO, Casetext’s CARA and Judicata are all good options.

It’s not mainstream yet.

And most attorneys aren’t all that familiar with AI powered research, how it works or what the true potential is.

Task #2: Legal analytics

Legal analytics gives you an unfair advantage. Imagine being able to:

• Identify the likely outcome of your case
• Determine how good opposing Counsel really is ahead of time
• Use hidden data to optimize every litigation decision
• Gather intelligence on opposing Counsel, mapping their strengths and weaknesses
• Identify the most efficient and effective attorneys in front of a particular judge
• Optimize your law firm’s performance, compared against your top performing competitors
• Identify corporate clients with significant trouble spots you can fix
• Accurately assess the effectiveness and persuasiveness of your expert witnesses

This is just the tip of the iceberg.

Take a look.

Legal analytics uses machine learning, data mining and natural language processing to uncover unknowable insights. Insights into people, firms, and organizations. It provides you with the must-have data your firm needs to grow. The data you need to establish a strong competitive advantage.

Legal analytics = Moneyball for lawyers.

It’s a way for you to rapidly learn from the success and failures of firms around you. It’s not a replacement for attorneys and good ole’ fashioned legal work, it’s a turbocharged supplement. And the best part?

Most attorneys are not on board. Yet.

Task #3: Contract and document analytics

Contract review is tedious and time consuming.

It can be difficult to extract data (e.g. effective/termination dates, interest rates, etc.). Locating key clauses (e.g. assignment restrictions or termination clauses) isn’t always as simple and as straightforward as you’d like it to be.

Contract analytics automates the process.

This is key.

Clients aren’t as open to the idea of paying for extensive research and reviews anymore. The pressure is on. You’re expected to provide value, not ring the meter. Contract analytics saves precious time and resources.

Luminance, LegalSifter, iCertis, eBrevia, and ContraXSuite are notable options.

Task #4: Virtual receptionists

At some point, your clients will want to talk to you.

This isn’t always as productive as it should be. Virtual receptionists can be available 24/7. They’ll answer incoming calls, schedule appointments and relay messages to clients. They’ll follow up with clients who haven’t paid their bills and handle the human side of new client intake.

Imagine never having to chase your clients again.

These services are lifesavers for the solo, small and medium firms that are looking to scale. Notable services include:

• PATLive
• Back Office Betties
• Ruby Receptionists

Automation isn’t risky, it’s indispensable

AI won’t replace attorneys, it makes them more valuable. Thanks to the paradox of automation you’re the most important piece of this automation puzzle. Automation isn’t a risk as long as you’re involved in the process.

Mismanage your work and the risk goes up.

Use the right checks and balances to protect your business and your productivity will skyrocket. Top performers in your industry are already using these strategies and tactics to outperform and outmaneuver their competitors.

Now, it’s your turn.

Smart lawyers leverage technology to minimize those monotonous tasks that just aren’t an efficient use of time.

There are opportunities everywhere to streamline the efficiency of your firm, but you need to know where to look.

If you’re like most attorneys, you’ve got too many responsibilities and still find yourself spending your valuable time on tasks that can be automated.

The work is piling up.

Sometimes it feels like it’s just you. As if you’re the only one that’s struggling to get all of these menial repetitious tasks done.  But it isn’t.

Lawyers everywhere have too much to do and too little time

They’re all drowning in work.

The research is actually painfully clear. If you’re a knowledge worker, your brain maxes out at four to six hours of work. Per day.

That’s right.

Research of the Swedish psychologist Anders Ericsson confirms this. Ericsson is the author of the famous study on the 10,000 hour rule. Alex Pang shares extensive research on this in his book “Rest: Why you get more done when you work less.” Sara Robinson at Salon, shares additional research on our brain’s four hour time limit.

Here’s the problem.

Lawyers waste four to six hours on non-billable work

It’s something I’ve mentioned before.

Lawyers lose four to six hours every day to non-billable work. Why is that a problem? Attorneys are spending their mental energy on tasks they could automate or outsource. They’re wasting their most productive hours of the day on low value work.

It gets worse.

Lawyers are routinely putting in 2,500 hours annually. Firms are demanding 3,000 billable hours annually. Your peers and partners may expect you to become a “work martyr.”

Unreasonable? Yes.

But it’s just as unreasonable to give your most productive hours away. These non-billable tasks aren’t as important as billable work but they still need to get done.

There’s no way around it.

Actually, there is. It’s automation. With the right approach you can automate, semi-automate, outsource and delegate your non-billable work.

The kind of tasks lawyers should use automation, but don’t

Some to-dos are tedious.

They’re repetitive. They eat up a significant amount of your time, creating a never-ending stream of confusion and distraction. Make no mistake, these tasks are necessary.

It’s just not necessary for you to do it.

With the right approach and a bit of automation, you can win a significant amount of your productive time, back. It takes a bit of work upfront but that’s the good news. The work is frontloaded and easy to integrate.

Which tasks?

1. Schedule meetings and appointments
2. Automate tasks and deadlines
3. Automated time tracking to simplify billing and invoicing
4. Client intake and follow up
5. Automate document assembly
6. Bookkeeping
7. Client support
8. Review management

1. Scheduling, meetings and appointments

“When do you want to meet?” That’s how it starts. Then you and your client or co-worker haggle back and forth over a time that works best for everyone.

This is wasteful.

Here’s how you can eliminate the hassle of scheduling, setting meetings and appointments yourself, for good.

First, head over to Calendly and sign up for an account. It’s free and best of all, it integrates with Outlook, iCloud and Google Calendar. I’d recommend a premium account as this gives you more helpful features.

Next, set up your account.

There are several tutorials on YouTube you can watch to get things setup quickly. Here’s one you can use to get started.

You’ll want to integrate Calendly to your calendar, complete your settings, set your availability and create your first event. You’ll want to set blackout dates, block out time and confirm things are set just the way you like it.

All set? Good.

Finally, you’ll want to create an email signature in your email client. Adding this will funnel email recipients to schedule a meeting, call or event with Calendly.

One last thing.

This part is easy but it takes discipline. Funnel everyone, and I mean everyone – co-workers, partners, clients, vendors – anyone who wants your time – through Calendly. Use this as your main point of entry for anyone and everyone that wants to meet with you.

It’s easy.

When they try to schedule a meeting via email. Send them your Calendly link. When they try to stop by in person give them your Calendly link. Some people will try to go around your system. It’s your responsibility to say No.

2. Automate tasks and deadlines

A missed deadline is embarrassing.

But it’s inevitable if you rely on old school strategies and tactics. Post it notes, excel files and email reminders aren’t a good way to manage your law firm.

There’s a better way.

According to David Allen, Your mind is for having ideas, not holding them. Practice management software gives you a simple and straightforward way to Get Things Done.

With task manager, you can create workflows that get the tasks you need to accomplish out of your head and into a trusted system that will remind you about the work that needs to be done.

It’s a simple and straightforward way to automate tasks 

3. Automated time tracking to simplify billing and invoicing

Wouldn’t it be wonderful if you were able to track your billable hours automatically? It seems attorneys as a whole struggle to get this right. Automatic time tracking would simplify the billing and invoicing process, wouldn’t it?

With the right time tracking software you can.

With Bill4Time, you’re able to track your billable hours automatically.

Here’s how it works:

Here’s why this matters.

You’ll be able to define time tracking based on your fee arrangements or type of task. You set things up initially, outline your billable hours, travel time and activity. Then you determine whether your time is billable or not.

It’s web and app based.

But time tracking takes place on the server. That’s worry-free tracking. Close your browser accidentally, your smartphone died prematurely? No problem, you continue to track your time. Need to make changes to your time? You can edit your entry in a few clicks.

This makes it simple and easy for clients to pay.

4. Client intake and follow-up

What happens when a prospective client reaches out to you on your website or via your ads? If you’re like most attorneys, you waste a significant amount of time with prospects who aren’t ready to sign an agreement. You or someone in your firm reaches out prematurely.

This is terrible.

There’s a better way. Here’s what you can do to automate prospective client and new client intake. You’re probably wondering how.

With email automation.

Here’s how the strategy works in a nutshell.

• Determine who your clients are and what they want.
• Map out your intake process.
• Create content that guides clients through your intake process.

Sounds pretty simple.

I’m going to use MailChimp, a bulk email service provider, for our example here but you should choose the platform/provider that works best for you. Choose carefully, as changing your mind is difficult once this is setup. If you already have an email service provider just use that.

Okay.

First, head over to MailChimp and sign up for an account. They offer free, pro and premium email marketing services for busy professionals.

Here’s how you do it.

Next, create a client intake workflow.

This could be as simple as:

(1.) contact form > (2.) request a phone consultation (via Calendly)  >  (3.) ask intake questions > (4.) request in person meeting > (5.) ready to sign agreement

You’ll need workflows for:

1. Marketing content (e.g. whitepapers, guides and ebooks)
2. Contact form requests to qualify or disqualify prospective clients
3. New client workflows once your client signs on the dotted line
4. Prospects who complete workflows 1 or 2 but don’t sign up (e.g. legal newsletter)

Here are a few examples you can use to create your own workflows. All set with these workflows? You’re ready for the next step.

Content.

You’ll want to create a personalized email message for each step of your workflow. You’re going to take these messages and turn them into an autoresponder sequence. Here’s a blog post outlining how you do that. Here’s a short tutorial if you prefer to watch.

Not sure what an autoresponder is?

It’s a series of emails that are automatically delivered over a set period of time. It’s similar to a mail merge that’s delivered to as many prospects as you need, as often as you need.

Isn’t this a guide to automation?

What’s with all the extra work? The work here is frontloaded. It’s set and forget work you can use to maximize your productivity.

5. Automate document assembly

Legal documents can be tedious and repetitive.

Inexperienced attorneys make a common mistake. They waste a significant amount of time inserting the same clauses into their agreements and documents over and over and over again.

It’s counterproductive and unnecessary.

Wait a minute.

The documents and agreements you’re drafting need to have the right data. How are you supposed to add the data you need if you’re not allowed to “waste time?”

With Macro templates.

Macro templates enable you to quickly create documents, forms and updated content automatically. With macro enabled templates, you’re able to draft high quality agreements and documents. You’re able to insert the data you need when you need it.

Here’s how you do it.

Here’s a few additional primers that cover macro enabled templates in more detail.

Here’s how you can work with text variables.

Use these advanced tips to create what you need automatically.

6. Bookkeeping

Accounting isn’t a pleasant to-do item for many attorneys.

Law firms typically struggle with hiring, training, managing and retaining bookkeepers. Solo, small and even large firms struggle with the bookkeeping aspects of legal work.

This creates issues with cash flow.

What if there was a way to automate bookkeeping for your firm? With Bill4Time you can track:

• Payments and expenses
• Balances and payment activity
• Outstanding balances
• Credits and debits
• Balance adjustments

First, create a free trial account. Once you’re signed in click your username > settings. Then follow the instructions below to setup your account.

Second, setup payment processing. You can automatically connect your account with payment processing providers like PayPal and Stripe. What if you need to share data with your accountant? Bill4Time integrates with accounting apps like Quickbooks.

Here’s how you do that.

These accounting details are automatically tracked/updated via the time tracking, invoicing and billing features in the app. This automates the important bookkeeping aspects your firm needs to remain profitable.

7. Client support

You should always be available.

Always.

It’s the secret desire your clients have. When a new problem rears its ugly head at 2am they want reassurance from you. It’s not really appropriate though, is it? It also sets a dangerous precedent.

You aren’t always available.

What if you were? What if someone from your business could be available 24/7/365 to handle a large portion of your client concerns?

It’s possible.

How? With Chatbots.

Chatbots give you the opportunity to handle client support issues that crop up from time to time. What if there’s an emergency? Your Chatbot can help you screen these messages, separating them from the non-urgent details that can wait.

What if clients have a routine question?

Your Chatbot can handle it so you can get the downtime you need to come back refreshed and ready to work.

This is all fairly new though.

How do you go about making something as sophisticated as a Chatbot work for your firm?

First, head over to TapRight Chatbot and create a free account. Enter your work email, then confirm your email address, choose your plan and then login.

You’ll need to make a list of your:

• Client’s concerns and objections
• Common client support problems
• Emergency situations
• Responses to each situation

These details aren’t particularly complicated but they do take a bit of thought and upfront preparation. All set with your list? You’re ready to create your Chatbots.

Next, create your bot. Here’s how you do it.

Follow the video tutorials in each step to create a bot that works well with your clients.

Once your Chatbot is created you can use/integrate them with:

• Your website(s)
• Facebook messenger
• Customer service platforms like HelpScout
• MailChimp
• Your favorite CRM tool in Zapier
• Or any other app in Zapier
• Phone, SMS, voicemail, video and WhatsApp via Twilio

Why does this matter? Your Chatbot gives you the opportunity to segment and sort through prospective clients. Instead of spending your time carelessly, you’re sorting prospects and clients based on a variety of factors including.

• Need
• Urgency
• Motive
• Intent

This gives you and your support teams the chance to focus on the work that matters at any given time.

8. Review management and marketing

Reviews attract clients.

Amazing five star reviews act as magnets. They draw more of your clients in to your business.

You know why.

Social proof. Your clients expect you to say you’re amazing (you are). But they don’t want to hear it from you. They want to hear it from your clients. Imagine the effect 1,000 five star reviews would have on prospects? Especially when compared with attorneys who have 10 or 12 reviews?

In their eyes you’re legendary.

Is it possible to automate or semi automate review management?

Absolutely.

Head over to TapRight and create a new Chatbot. Next, head over to Twilio and create a free Twilio account and API key. If you don’t know how to code you’ll want to reach out to your web developer for help.

Here’s how you do it.

Finally, head to Zapier and create a free account if you haven’t already. Zapier is a bridge that’s going to allow you to connect your TapRight Chatbot to Twilio phone and voice services.

Here’s how you create what Zapier calls a “Zap.”

Here’s what you want your Zap to do.

1. Use your Chatbot to send clients a review request SMS message with a link [Here are 40 free SMS templates you can use].
2. Send clients to a review site that’s specific to your needs (e.g. Avvo, Google, Facebook or Yelp).
3. Add clients to a MailChimp autoresponder sequence. An email sequence for those who left a review and an SMS sequence for clients who ignored you.
4. Add the clients who ignored you to an autoresponder or triggering event follow-up sequence.
5. Make an irresistible offer to clients that declined your offer.

If you’re using a review management platform like Grade.us you can create an autoresponder sequence directly in their review management app. You’ll want to make sure that your messages are tagged appropriately whether you’re using an email service like MailChimp or a platform like Grade.us.

Lawyers everywhere have too many menial tasks that can be automated

Most lawyers are exhausted and overworked. They’re spending an incredible amount of time and energy on tasks that should be automated. They’re wasting their most productive hours of the day on low value work.

Lawyers need to automate.

The pressure is on. The demands on your time grow each year. Your clients, partners, co-workers and peers expect more from you.

Lawyers are routinely putting in 2,500 hours annually. Firms are demanding 3,000 billable hours annually. Your co-workers and partners may expect you to become a “work martyr.”

Unreasonable? Yes.

But it’s just as unreasonable to give your most productive hours away. These non-billable tasks aren’t as important as billable work but they still need to get done.

There’s no way around it.

Actually, there is. It’s automation. With a systematic approach you can automate, semi-automate, outsource and delegate your non-billable work.

Do it well and you’ll find the hours you have each day continue to grow.

Expectations are high for you.

Contrary to belief, older attorneys need to be more productive and more efficient than their younger counterparts. You’re dealing with a complex stew of challenges, issues that impacts your ability to remain competitive.

It’s harder to stay competitive.

If you’re an older solo practitioner and you’d like to continue working, your focus needs to shift. You’ll need to cover more ground with less resources.

Why bother with that?

Older attorneys should be doing less, not more

That’s the perception many of your colleagues have.

But is that true?

In my previous article, I laid out the challenges older attorneys face in the legal industry. Clients and law firms want younger, cheaper talent. Most clients, most firms aren’t looking for an exceptional solution, they’re simply looking for good enough.

Youth is expendable.

Dangle partnership in front of younger attorneys and you’ll find many are willing to run themselves into the ground.

Not so with you.

Your knowledge and experience have made you into the shrewd, efficient and technically precise attorney you are today. You command higher fees because you’re able to deliver results younger practitioners can’t.

You’re unaffordable.

At least, that’s the perception surrounding you. If you’re a partner at your firm, you may be too expensive. If you’re not a rainmaker, it’s often difficult for firms to justify the expense of keeping you on. When your firm finds a cheaper option they’re more likely to take it.

It’s worse for solo practitioners.

The perception among your prospects, clients and colleagues is obvious. Many of them feel you’re too old to practice law. That you should be “encouraged” to retire.

They’ll never say it of course.

They’ll simply watch your performance. If you do well, they’ll ignore their bias.  Fail once and your age is immediately called in to question. Competitors will feed these doubts in your prospects.

Their knowledge is outdated.

Ask them about X. If they answer with Y, they’re giving you outdated advice.
They’re just too old.

Attracting, winning and keeping clients becomes more difficult once this bias takes hold. At that point, younger, more aggressive attorneys begin chipping away at your client list.

It’s depressing.

It’s also inevitable, isn’t it? At some point we all get old and once that happens our practice begins to decline.

Right?

Don’t believe the lie. Older attorneys are more competitive

Not less.

Over the course of your career you’ve developed a vast array of resources that younger, more aggressive attorneys can’t touch. Spend these resources carefully and you’ll find you already have what you need to be competitive.

What resources?

• A clear understanding of how to practice law
• Connections with key influencers and power brokers
• Clarity about what works in your market and what doesn’t
• Awareness about how to spend your time
• The ability to survive and thrive over an extended period of time (decades)
• A realistic understanding of how things are/get done in the industry

These skills are significant.

What’s even more significant about these details is the fact that your younger counterparts don’t have these skills and resources.

Younger attorneys…

• Work longer and harder. But a large block of their time is lost on unproductive or insignificant work.
• Pay the tax of inexperience. They make a significant amount of avoidable mistakes. Earlier in your career you did too. But you’ve paid your dues. Younger attorneys must do the same.
• Ask the wrong questions. They often don’t know where to focus their time and attention, so they spend a significant amount of time mired in trial and error.
• Throw effort at the problem when they need to rely on brain power. They rely on strategies and tactics that are effective but inappropriately managed.
• Are paid based on their ability which isn’t a lot. They’re paid less because they don’t have enough experience and because they struggle with the details above.

This isn’t a fair fight.

The tools and resources you have at your disposal are more refined than those of your younger counterparts. Make no mistake though, they’re nipping at your heels.

Okay then.

The question isn’t about remaining competitive, it’s really about extending your lead and dominating on your terms.

How do you do that?

First, look for opportunities to boost your authority, credibility and reputation

As an older attorney your reputation is already set in stone, right?

Wrong.

Now is the perfect time to look for opportunities to boost your authority, credibility and reputation. This overcomes ageism because it shows that you’re still a formidable attorney. This makes it easier to attract clients and opportunities.

How do you do this?

• Subscribe to journalist feedback outlets like HARO. Pitch consistently compelling content to journalists in exchange for publicity, prestige and credibility.
• Pitch radio shows, podcasts, webcasts, YouTube channels and television programs with compelling content. Once you’re set to appear, wow them. Do your best to over deliver.
• Speak at/write for publications with an audience. Blogging isn’t an ideal first step. You don’t have an audience. Instead, approach noteworthy publications with ideas that are fresh, compelling and valuable to their audience. Over deliver.
• Serve your community with your skills and talents. How can you use your skills as an attorney to serve your local community? This could be with low involvement tasks like speeches and content or it could be more involved e.g. pro bono legal work.
• Work as a connector, introducing worthy up and comers to notable influencers. This is low involvement, high value work as it identifies you as a super connector in the minds of those you bring together.
• Become a maven. Mavens have a vast amount of knowledge and wisdom. Share this wisdom with those in your firm (our outside of it) who are most able to benefit from your knowledge and expertise. Invite recipients to come to you with future requests.

These strategies are powerful, but they’re exponentially more powerful when they’re combined. Use them or come up with your own.

Second, document your knowledge and experience

This isn’t simply about creating content. No, it’s more than that.

It’s about your legacy.

Documenting your knowledge, experience and training gives you an opportunity to continue to serve those around you, whether you’re with them or not. This cements your position as a noteworthy influencer and authority in your own right.

How do you do this?

• Write a book. Create a book with the core tenets that have guided you through your career. Younger attorneys value honesty, transparency and, of course, value. Create a book that gives them the practical advice they’ll need to weather the storms they’ll face.
• Create courses. Packaging your knowledge and presenting it as a digital/online course for clients, other attorneys or legal professionals. Want to boost the effectiveness of this course? Provide stringent requirements for your students (e.g. this free course is only available to attorneys who meet the following criteria) that don’t involve money.
• Teach in a structured setting. Universities, the bar association (local/national) and other educational groups are hungry for content. How do I know? Their audience is hungry to learn! The demand for exceptional education is greater than the supply. Teaching gives you a serious boost in credibility you can use to establish a dominant position in the marketplace.
• Speak at industry events. Speaking at industry events will, over time, establish you as a lawyer’s lawyer. An exceptional individual who’s capable of teaching other attorneys and legal professionals. Speak at notable events for free to establish credibility. Then, if you prefer to, charge smaller outlets to cover your time and expense.
• Create tools and resources for clients/younger attorneys. Use the Google model to create value and establish yourself as an influential leader:(1.) Create a quiz or web-based tool on a topic of your choosing (g. Are you about to be fired? When to push for partner. Will you win your custody battle?) Focus on serving rather than profit. (2.) Hire someone to create/implement your idea. (3.) Promote your idea internally, at your own firm. Use attorney feedback to fix the bugs and problems. (4.) Promote your tools and resources to those outside your firm.

Find a way to get the knowledge and experience inside your head, out.

Then share it with the world.

Doing this gives you the leverage, prestige and power you need to outperform the younger attorneys nipping at your heels.

Third, partner with the powerful

Find powerful partners.

Work with these partners to share the value you’ve created in steps one through three. These partners are crucial to your continued success.

These partners can be:

• Large, well-known publications like the ABA, com, Above the Law, Justia, etc.
• Corporate partners and tangential sources (e.g. legal products and services)
• Notable journalists and news organizations like @AlisonFrankel, @aricpress, @VolokhC, @adamliptak and @JonathanTurley
• Government and law enforcement agencies that rely on or can use legal help
• Non-profits that have a platform but don’t have the legal support they need
• Local municipalities

The key to working with these partners?

Give them what they want.

If they have a problem you can solve, offer to do so. If they’re looking for feedback or advice, share it.  Do they need connections to an influencer in your address book? Provide it. Take the supplier approach. Whatever they need, you can provide.

Then do so.

Once the relationship is established you can choose to request their help with promoting your ideas and interests. Or, simply continue to serve without expectation in return.

As an older attorney, you’re outmatched

That’s the fear, isn’t it?

As we’ve seen though, this isn’t really the case. Older attorneys have a significant amount of skills and resources, things younger attorneys can’t match.

They haven’t paid the price you have.

You struggled and failed. You worked hard for decades serving, protecting and providing for your clients. You’ve served your firm well. These details aren’t easy to reproduce. It’s the reason why you’re still competitive, why you’re still a formidable attorney in your own right.

This isn’t about staying competitive.

It’s about giving. Giving to others secures your legacy. It makes your dominant position permanent. What are you giving to those around you? Your clients, your firm and the industry – they all need you.

Give, and you remain competitive. Retreat and you give up what’s rightfully yours.

Giving is inevitable.

Give value, or give up your position. They’re your only options.

As an older attorney, you’re more competitive

Don’t believe the lie that says you aren’t.

Your value lies in your knowledge, experience and timing. You’ve paid your dues and earned these benefits. You’ve developed a vast array of resources over your career. Resources younger attorneys can’t touch.

Don’t give ground. Give the value you’ve accumulated away instead.

Clients and law firms want younger, cheaper talent. Most clients, most firms aren’t looking for an exceptional solution, they’re simply looking for good enough.

That will change if you teach them.

Expectations are high for you. Give those around you the compelling reasons they need to rely on you. Those reasons are already inside of you – the knowledge you’ve gained, the experience you’ve developed and the timing you’ve cultivated.

Give more and you’ll show those around you that you’re too valuable to ignore.

 

It’s 2005.

Thirty-two partners at Sidley Austin, the sixth largest corporate law firm in the United States, have just been fired from their firm.

The reason?

These partners were allegedly too old. The firm downgraded their status, then told these partners they’d have to leave. The former partners filed an age discrimination lawsuit in response.

Sidley Austin eventually agreed to settle.

Ageism is alive and well for older solo practitioners

But it isn’t the only problem older attorneys face in the industry. Today older solo practitioners deal with a bevy of age-related issues. Challenges that make it harder for them to do what they’re best at.

Practicing law.

It’s unfair to those who are on the receiving end of these changes, but it’s also understandable. The “graying of the bar,” as pundits refer to it, is changing the legal landscape.

What challenges am I referring to?

Challenge #1: Clients, law firms want younger, cheaper talent

Youth is expendable.

It’s easier for law firms to make money off younger attorneys. They cost less money, increasing their firm’s profit margins. Their eager idealism means most are willing to work long hours for less pay and the promise of future opportunity.

Solo practitioners don’t fare much better.

On the other hand, older practitioners have significant experience. Their hourly rate is higher than their younger counterparts and they’re also much less willing to work long hours for less pay.

What does this mean?

Without a strong value proposition and a stable book of business, older solo practitioners will struggle to compete with their younger, more idealistic counterparts.

Challenge #2: Younger firms work harder

Younger attorneys are willing to run themselves into the ground.

Clients and firms use the promise of additional work/opportunities to motivate young attorneys to work hard on their own. These young solo practitioners are more willing to push for 3,500 billable hours each year to show their commitment.

This doesn’t automatically mean better quality work.

It just means these younger attorneys are willing to take on more work clients or their firm. for all we know, these billable hours could be focused on non-critical tasks.

Challenge #3: Cognitive decline

There’s an assumption that an increase in age automatically equals cognitive decline. But this actually isn’t the case for most people.

It’s actually a whole simpler.

For the most part, it’s about how you treat yourself. Research shows unhealthy habits have a detrimental impact on your cognitive performance. It isn’t so much about your age as it is about your habits compounding.

• Smoking accelerates a decline in memory and visual search
• Decades of poor sleep habits affect cognition and memory
• A high-stress environment decreases cognitive function in the short and long-term
• Poor diet affects both your cognitive performance and emotional well-being

This isn’t a groundbreaking revelation, is it?

Taking care of your body compounds over time. What we call old age, may actually be older practitioners reaping the rewards of their behavior for better or worse.

The good news?

These mistakes can be corrected for the most part. Even if you’re an older practitioner.

Challenge #4: Ageism and bias

ABA President Karen Mathis estimates more than 400,000 attorneys will consider retiring, retire or begin to retire over the next few years. This sounds like an opportunity and it is, but as we’ve seen, this process isn’t always voluntary. Law firms are under tremendous pressure to perform.

• Succession planning
• Downgraded status
• Mandatory retirement age limits
• Monetary limits (e.g. decompression policies)

These are all easy ways to force older, more costly practitioners out of firms.

This isn’t new.

The EEOC filed a lawsuit against Kelley Drye & Warren, LLP for age discrimination. In 2007, Winston & Strawn LLP settled a suit challenging their “decompression policy” that reduced partners’ pay after age 65. Here’s the surprising part about ageism.

Your clients struggle with it too.

The results aren’t as stark for solo practitioners but it still presents a problem.

Here see for yourself.

 

---

 

 

---

 

 

---

 

See the ageism?

Notice the problem with each of these reviews? They’re all negative reviews. What does this tell us? Clients struggle with ageism. Serve them well and they’ll never tell you.

This is bad news.

If you’re a solo practitioner and you’d like to remain competitive, you’ll need a strategy to follow. You’ll also need a way to deal with the bias and discrimination that comes with client pushback.

Challenge #5: The staged intervention

Self-reporting is rare.

Attorneys struggling with cognitive impairment are typically the last to acknowledge or realize they have a problem. According to the ABA…

“A growing number of states, lawyer and judicial assistance programs, traditionally focused on addressing substance abuse and other mental health matters, are increasingly focused on age-related cognitive impairment issues. In several jurisdictions, multi-disciplinary teams of lawyer assistance staff, disciplinary counsel and mental health professionals are working together to address age-related cognitive impairment. These teams work toward a transition out of practice that preserves the lawyer’s reputation and dignity while protecting clients. Close colleagues and family members are also often engaged in this process.”

This makes sense if the impairment really is a problem.

But what if a loss of opportunity simply boils down to client/law firm politics? As the politics at Sidley Austin and online reviews have shown, it is a problem.

If you’re an older practitioner, everything gets harder

As an older, solo practitioner your job is even more difficult. It’s no longer just about practicing law, serving clients and doing exceptional work.

Now it’s about proving that you’re capable.

You’ll have to make specific choices to show clients, your colleagues and your firm that you’re better. That you have what it takes to outperform younger practitioners. This isn’t make believe, it’s true.  Younger attorneys don’t have the knowledge and experience you have.

But you can’t rest on your laurels.

You’ll need to show clients, colleagues and competitors that you’re still the rainmaker they’ve come to depend on.

But how?

In my next post, I’ll show you how to defeat ageism, remain competitive and outperform your peers.