marvin winthrop

As buyers of products and services, we look for shortcuts to help us determine quality.  One shortcut we rely on is the behaviour of others, which is the foundation of the principle psychologists call “social proof”.  Social proof says people determine appropriate behaviour by observing the actions of others.

One way you can profit from social proof is to show that many clients and colleagues use and recommend your services, which makes it acceptable for new prospects to hire you as well.  You show this through the use of testimonials, which are highly credible because they come from objective third parties who have no financial stake in whether someone engages you.

 Testimonials take various forms.  They can be everything from a few words to an entire letter of recommendation.

 How to get testimonials:

 1.  You receive an unsolicited letter from a client.  Some clients write testimonial letters of their own initiative.  In this case, you may want to get the person’s permission to use his comments or letter in your marketing.  This is because showing the person’s letter to your prospects, or using it on your web site, might be beyond the scope of the writer’s intent.

 2.  Send a letter asking for your client’s comments.  Most of your clients don’t realise they can help you.  After all, your lawyer-client relationship is built on your helping them.  If you drop a few clients a note, explaining how much a testimonial would help you, most will gladly provide one.  What’s more, many past clients are pleased that you think enough of them to ask.

 Sending a letter requesting a testimonial usually works best with business clients.  Simply ask the person to write a letter on the company’s letterhead that you can show to your prospects.  You explain how much the person’s letter will support your marketing effort and how grateful you’ll be for the person’s help.  Enclosing a self-addressed, stamped envelope is a nice touch.

 If you think the word “testimonial” sounds too “pushy”, you might ask instead for a letter of recommendation.  This sounds more moderate and the person receiving your request will likely be happy to help you.  You then photocopy the letter and include it with your marketing materials.

 Executives and business owners usually won’t hesitate to write a letter for you.  Still, once in awhile, you might hear that writing a letter on your behalf is against company policy.  In the years I’ve collected testimonials for clients, I believe this has happened only twice.

 3.  Call clients on the telephone.  This works well for consumer clients, especially if they are self conscious about their spelling and grammar.  If you ask someone to call on your behalf (such as when I call on behalf of my clients), you should contact your clients first, ask if they would mind talking with the third party, and give them the person’s name.

 When you or the other person calls, explain that you’d like their comments, which you will write down and put into a few sentences.  If they hesitate, offer to send them the finished draft by e-mail for their approval.

 If clients ask what you want them to write,  and no doubt some will, tell them that you’d like them to say whatever they would tell a friend who asked about you and your services.  When they start thinking what they would say (as opposed to write), they usually think of many things.

In addition to comments from clients, ask for letters of recommendation from respected third parties, such as other lawyers, bankers, accountants, executives, business owners, etc anyone who can attest to your honesty, integrity, knowledge and skill.

 How many testimonials should you get? 

For this example, assume that you are thinking about using a marketing consultant.  And assume that I am one of the consultants you are considering. 

Now, suppose I tell you I have a testimonial from a former lawyer client.  Are you impressed?  A testimonial?  Only one?  Probably not. Now, suppose that I tell you I have testimonials from 15 lawyers.  Are you more impressed?  Certainly 15 are better than one. Now, suppose I tell you I have comments from 155 lawyers.  Impressed?  Surely.  The fact that I have 155 testimonials forms a significant positive impression in your mind.

 As you can see, the number alone can shape your prospects’ perception.  So the more testimonials you collect, the better.  Look at each testimonial or letter of recommendation as being worth £1000 in fees.  Now, how many would you like to collect?

Follow these tips for more powerful, persuasive testimonials:

Tip 1:  Use real testimonials written by real clients.  Don’t make them up, for many reasons, including the fact that you want to use the author’s name.

Tip 2:  If you receive testimonials on letterhead stationery, photocopy and use the entire letterhead.  This adds credibility and the letters also serve as references because some prospects will call the people who wrote those letters.

Tip 3:  If you receive comments from consumers, not on business letterhead, identify the authors and the town or city in which they live or work.  Put the person’s name and town/city in bold type to emphasise that this comment came from a real person.  Anonymous testimonials are worthless, as are testimonials where the person is identified only with initials or only with his first name.  Here’s why:  The value of a testimonial is that the writer allows you to use his name.  If the writer won’t let you use his name, that may arouse the reader’s suspicion.  So not only does it not help you, it could hurt you.

In cases like insolvency or criminal law, the person might ask that you not use his name to avoid embarrassment.  In this case, where you would ordinarily put the person’s name, write something like, “Name withheld by request” — and then identify the nature of the case.  It’s OK to have a few name-withheld testimonials as long as you have several where the names are included.  If you practice in an area where no one will let you use their name, you might rely instead on letters of recommendation from colleagues and referral sources.

Tip 4:  Use testimonials written by clients who are like the prospects you want to persuade.  The more alike they are, the better.  For example, you have more success persuading dentists in York when you use testimonials from other dentists in York.  You have more success persuading electronics executives in Reading when you use testimonials from other electronics executives in Reading.

Tip 5:  Your testimonials are stronger when they reinforce your competitive advantages.  If you offer clients quick service, you’d do well to have a testimonial reinforcing that advantage.  If one of your strengths is the depth of your knowledge and experience, you improve your marketing results when testimonials reinforce this point.

Tip 6:  If you get several relatively short testimonials, consider putting them on the same sheet.  You want at least a few pages of comments, whether you fit one comment per page or several.

Few things in marketing are as powerful as testimonials and letters of recommendation.  They may prove to be the most compelling part of your marketing message.

I would be interested to hear about your most compelling testimonial.

Are you the same as all other lawyers?  Of course not.  But do your prospects and clients know how you are different?

One of the most important functions of marketing is to emphasise the ways you differ from your competitors.  Yet if you interviewed your prospects and clients, many of them might tell you one lawyer is the same as another.

Everything you do to attract new clients and maintain current client relationships should clearly state how you differ from other lawyers.

Some time ago, I heard the marketing director at a large law firm say that his lawyers weren’t any different from lawyers at many other large firms.  If he truly believes that, the firm needs a new marketing director because he just surrendered in the face of his competitors.

No two competing lawyers are exactly the same.  Remember:

• No other lawyer has exactly the same education as you.
• No other lawyer has served the same clients or handled the same cases as you.
• No other lawyer has taken the same CPD courses as you, particularly in soft-skills.
• As a result, no other lawyer will make decisions exactly the way you do.

Whether this makes you aggressive or passive, here is the point.  Every bit of information and experience that you absorb affects how you provide advice and services to your clients.  Your advice and services are not like those provided by any other lawyer.  You should promote your uniqueness as one of your major competitive advantages.

Competitive advantages and disadvantages are determined ONLY by what is important to your prospects and clients.  If you have been in practice twenty years, you could conclude that your “longevity” is a considerable competitive advantage.  But if your prospects do not care whether their lawyer has practiced for 20 years or 5 years, it is no advantage at all, at least not to that group of prospects.

Here is your “homework”:

The positive ways you differ from other lawyers are your competitive advantages.  The negative ways you differ are your competitive disadvantages.  Identify both so you know your strengths and weaknesses.

Look at the following lists from your prospective clients’ point of view.  Write down your answers to each question and then label whether you think the answer is an advantage (A), a disadvantage (D), or whether it is neutral (N) in your prospects’ eyes.

Look first in these areas:

Evaluate your qualifications:  Where did you do your law degree? Where did you graduate with your LPC?  How long have you practiced law?  Which, if any, further certifications have you received?  List your professional memberships in lawyers’ groups, and the like.

Evaluate your experience:  Overall, how wide or narrow is the area of law in which you practice?  What types of cases or problems do you handle?  Specifically, what types of cases or problems are you most experienced at handling?  Do you have experience in one particular area at which you could be considered an expert?  If so, in which area?  What specialised skills do you have?  Are there any types of cases in your area of the law where you don’t have much or any experience?

Evaluate how you serve clients:  What specific services do you provide?  How long do clients wait for their case to be resolved?  How long does it take you to return phone calls?  If a prospect or client needs to see you right away, how soon can they meet with you?  How much do clients typically pay for services?  How pleased are clients with the results?

Evaluate the physical environment in which you serve clients:  Is your office location convenient for your clients?  Can your clients easily find a parking space?  Covered or uncovered?  Do your clients have to pay to park?  Is your complex physically attractive and inviting?  Is your office easy to find and easy to walk to in your complex?  Is your office reception area attractive and inviting?  Is the furniture comfortable?  Are your magazines current?  (Recently, I picked up a magazine in a doctor’s reception room that was 7 years old.)  Does someone greet your guests and offer them something to drink when they enter your reception area?

Evaluate your office or the room where you meet with clients:  Is the furniture comfortable?  Is the room neat and orderly?  Are the floor and windows clean?  Do you sit with clients on the same side of your desk?  Do you sit across the desk from clients, allowing the desk to form a barrier between you and your guests?

Evaluate your office procedures when you’re involved in client meetings:  Do you insist on no interruptions?  Do you bar phone calls except in emergencies?  Do you give your clients your undivided attention?  Do you allow clients enough time to discuss their problem?

If you think of anything else that distinguishes you from other lawyers, add it to this list.

Your competitive advantages benefit you only if you make them known to your prospects and clients.  So start by memorising the many ways you are different.  When you talk with clients and prospective clients, your competitive advantages should roll off your tongue as part of your normal conversation.  Likewise, in your written materials, you should feature your competitive advantages because this tells prospects the important ways you differ from other lawyers.

Make sure you always explain to prospects and clients how you differ from other lawyers.  Then they will know why they should choose you over all your competitors.

Things do not always go as well as we would like or as well as we had planned.  Even with the best intentions and skills, a lawyer is likely to fail in the delivery of service to one or more of his clients.  Even though systems are in place to avoid errors, it is impossible to avoid them all.  Eg perhaps a client was promised a draft contract by a certain date and did not receive it, or was promised a return call within a given time but did not receive one.  When this happens, the likelihood of the client being vocal and not afraid to tell the lawyer that he or she is dissatisfied with some aspect of the work is minimal.  Research shows that 96% of unhappy clients do not bother to tell the lawyer.  People may not complain about their dissatisfaction for a number of reasons.  They may feel:

1. That the lawyer does not care
2. They wish to avoid confrontation
3. They can go elsewhere for the same service

 On the positive side, those who do complain are more likely to do future business with the lawyer if he fixes the problem to their satisfaction.

The techniques used in recovering from a failure with a client are basically the same as those a person would use in his or her personal life.  EG, someone who forgot a birthday or an anniversary is likely to apologise and try to remedy the situation as quickly as possible, make amends for hurt feelings, and try to figure out a way to avoid making the same mistake again.  The same methodology should be used in professional shortcomings as well!!

When things go wrong, how quickly the lawyer makes them right again is of utmost importance.  If the quality of service your firm provided to a client is less than satisfactory, take the following steps.

Tip 1:Apologise: When you make a mistake, the first thing you should do is apologise and take responsibility for the error.  Do not attempt to shift the blame.  Do not attempt to explain it away.  Most important of all, do not attempt to ignore it.  Remember that the objective is to maintain the client’s trust.  As long as service failures are the exceptions rather than the rule, a client is likely to believe and accept an apology.

Tip 2:  Fix it promptly: The faster the lawyer recovers and the faster he solves the service failure, the better.  The speed and attention given to rectifying problems is an indication of the lawyer’s level of commitment to the client.  Furthermore, the client will expect the lawyer to give the matter his immediate attention.  Any delay or lack of responsiveness will only further deteriorate the relationship.

Tip 3:Make up for the inconvenience: It is important to search for ways to make up for the error.  This could mean providing some additional service free of charge or sending the client a token of appreciation for his business and expressing regret over the inconvenience caused.

Tip 4: Find the root cause: It is not enough to apologise and fix the problem quickly.  The prudent lawyer will attempt to identify what caused the service breakdown and rectify the problem there.  The aim is to ensure that the problem will never occur again.  Just as you would not keep replacing tyres that wear out prematurely without finding out why this was happening, it would not make sense to address the problem without fixing the cause of the problem.

To summarise, even satisfied customers are at risk.  This could be due to changes in their circumstances or needs, new developments by competition or a lack of responsiveness or accessibility on the part of the lawyer.  A client’s perception of service quality is directly related to his service expectation.  The lawfirm must monitor variables that affect client expectations, his past experiences and personal needs, as well as the number of alternative lawfirms who can provide a similar service.  How the service is delivered and the end result are both important in the client’s assessment of quality.  Research has shown that the following indicators of service quality are particularly important:

• Reliability
• Responsiveness
• Assurance
• Empathy
• Tangibles

Even with the most conscientious lawyer, mistakes are likely to happen.  When this happens, it is important to recover in a manner that rebuilds the clients trust and confidence.  This is accomplished by providing an apology, rectifying the situation as quickly as possible, making amends for the inconvenience, and finding the root cause of the problem and correcting it so it is less likely to occur again.

How have you dealt with a dissatisfied client?