A friend and former colleague recently pointed out to me that one of the trickiest areas of communication for professionals has to do with referrals. Referrals in and referrals out.

Most professionals and entrepreneurs live and die by referrals. Existing clients may be the bread and butter, but new clients represent growth and diversification. 

Compared to advertising, cold-calling or buying books of business, referrals provide a stream of clients who are (generally) pre-qualified as to economic and professional value; that is to say, referrals tend to pay their bills and provide interesting work which can enhance your reputation.

The problem is that the ecology of referrals is a very delicate one and the management of referrals received and sent is very sensitive.

I won’t specifically get into “how to get referrals” -- you need to speak to my friend Michael Hughes, the “Networking Guru” about that! Our discussion will be about the management and etiquette of the referral relationship and dealing with referrals in and out.

As entrepreneurs and professionals, you need to discriminate as to the clients you want. Good clients will make you, and bad clients will break you. Knowing this, the very first principle of referral is that you want to receive and give good referrals.

Who are the good clients?
A simple but powerful tool for assessing the value of a client is the A-B-C-D grid. In various iterations, it has been around forever. Here’s my personal take on it:

The “A” clients are a dream-- causes no grief, but provides both profit and professional satisfaction. They are to be treasured. The “B” clients provide less profit and satisfaction, but are not costly or difficult to maintain. With skill and patience, we turn “B” clients into “A” clients.

Parenthetically, keep in mind that the grid must fit your business. If you are an aspiring criminal defence lawyer, Jack the Ripper, facing hanging, could be an “A” client.

Everyone understands that you should never take “D” clients, but it is the “C” client who is deceptive. We look at the profit they can yield and overlook the grief they cause us and our staff. More important, “C” clients tend to be disloyal and treacherous, and when you stop coddling them or can’t satisfy their intemperate demands, they will turn on you. If you have them, ditch them, and never allow another one through the door. 

So, this takes us back to referrals. Sending somebody a “D” client is an insult. Sending someone a “C” client is like giving them herpes. You should avoid doing these things. If you don’t have a good feeling about the individual or the subject matter, take a pass. Let somebody else look bad. The Lawyer Referral Service and the Yellow Pages are perfect for this.

Whether it’s a matter of karma, “being a mensch” or just having personal ethics, make sure the referrals you send out are good ones. To paraphrase the Golden Rule, “Refer unto others what you would want referred unto you.”

Cultivating Your Referrers
Dealing with in-referrals is one of the trickiest, yet most beneficial, aspects of any business. Good referrals are hands-down better than clients who find you from advertising or surfing the internet. Referrals come through the door predisposed to you and your services, and tend to be less price-sensitive.

The most important thing you must do with your in-referrals is to look after your referrers. In order to do this well you need to monitor the process-- nowhere is Peter Drucker’s adage more true: “You can’t manage what you don’t measure.” Never leave this to chance. Without tracking in-referrals, none of the following can be achieved.

Once you have a good handle on who is sending you what, you are able to begin to respond to your referral sources. And the first thing to do is evaluate them, using the ABCD grid discussed in the last Friday Briefing. 

Just as you would with D and C clients, you will want to rid yourself of D and C referrers, although perhaps not as abruptly. Referrers who send you undesirable clients, or who send them with lots of strings attached, should generally be discouraged. You won’t do this without first thanking them for their good intentions and diplomatically explaining why their referred clients are not what you are looking for. By having this discussion you may actually convert the C referrer into a B referrer.

Your B referral sources need to be treated like gold and your A referrers as diamonds. Here are some of the keys to doing that:

1. Reflect well on them. By being stellar yourself, you endorse their referral to you and you make them look good.
2. Treat the referred client as special. Sometimes a token discount is appropriate, but always go above and beyond.
3. Speak well of the referrer. The word will get back.
4. Promptly and sincerely, thank the referrer. This is true even if the referrer is you business partner.
5. With your new client’s permission, report back to the referrer in a professionally appropriate fashion.
6. Make the referrer part of your “team”. Consider doing outreach events together.
7. Hold “thank you” events for your best referrers, let them know that they are special to you.
8. Thank the referrer in tangible ways-- take them to lunch or to a hockey game, send a Christmas basket or a bottle of good wine, let them know that they are appreciated. Some professional bodies limit the quantum and nature of such gifting, but within your parameters, don’t be chintzy.

But the most important rule of all? It’s this: If you want plenty of good referrals, above all else you need to show yourself worthy of the trust, that you are the “go-to” person in the field, and that referrers are actually doing their friends and clients a favour by sending them to you. 

Norman Bowley - www.purposeful.ca

Edward Jones, the investment dealer, just placed an ad on a website that connects to their proprietary blog post on Elevator Speech Techniques. Here is the link. I commend it to junior professionals. How does it apply to lawyers? Let's look at the 5 tips and apply them. Just like in the Advocacy Club.

1. State your goalThis means to make a plan. We are talking about chance encounters of anywhere from 30 seconds to a few minutes. How do you plan for that? You know the opportunity will occur and recur. So, think about what you will say if you meet someone you want to impress. Start by identifying your unique value proposition. You are not "just" a lawyer. You have areas of competence. You have a way to resolve client problems. You have experience dealing with certain issues. Use a few sentences to describe your model client, what you will do for that client and what makes you different. With this, you know who should hire you and why. That is a good start.

2. Explain yourself
Whatever your goal, express it by replacing "I am a lawyer working with XYZ" with your value proposition. Perhaps, "I help real estate clients through their transactions painlessly." Or, "I enable family law clients achieve win-win solutions". Think it through. Why would someone retain you? Yes, include your firm name. But that is not the selling proposition. You are.

3. State your proposition
When you explained yourself (above), you made the introduction. Now, sell yourself. How do you do what you claim? Express your technique in a few sentences. It can be difficult to shorten a business model to a couple of sentences. Figure out how to do it. Then practice in front of a mirror. Practice on your friends. Practice on your colleagues. Record your pitch on your cellphone and listen to it. Carefully. Ask for feedback. Whatever it takes, make it simple. Make it heartfelt. Make it effective. You say that you are a lawyer? Well, persuade.

4. Show your personality
This is not easy in a 30 second presentation between the third and fifth floors of the court house. Use simple language, short sentences, speak slowly, and look your interlocutor in the eyes (don't stare!) That is about as good as it gets.

5. End on a high note
This really means to end on a note that encourages further engagement.  You might hand over your business card, but that rarely convinces anyone. Better, you should ask for their business card. Take a moment to study it. Really care about what you are reading. Make a comment about it. And bonus- it helps you remember their name.

Then, follow up with a (handwritten?) note that has your contact information and a link to your web presence. I am not a fan of using a "call to action" in an elevator speech. Meet, present and then follow up later. That is the formula. You cannot close the deal in a couple of minutes. All you can do is open the door to a further interaction.

6. Be consistent
There is no sixth point in the Edward Jones blog post. But there should be one. Make sure that your web presence is consistent with your elevator pitch. For example, don't stress a pit-bull reputation on your website and sweetness in your elevator pitch. Don't stress your informal attitude in person, and show a serious black business suit on your website. Be consistent.

Many elevator speech opportunities occur at cocktail parties. For tips about how to handle yourself there, check out Eugene Meehan's blog post here.
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For more tips and techniques about professionalism, check out the podcast interviews at Chat with Lawyers.

By John Hollander, MBC Law Professional Corporation

The path to lawyerhood is not paved with OCIs. Many law students and recent graduates have confronted an increasingly competitive market for articling positions. They must venture down the road less travelled in order to get their foot in the door. Having ventured down that road myself, I feel it worthwhile to share my experience with those currently engaged in the struggle.

​I graduated from law school in April 2015 without having secured an articling position. I exhausted the traditional route of applying for online job postings without any success. Next, I began to work my network for leads. These meetings were unlikely to result in a direct job offer. Still, my goal was simply to let those in my network know that I was in need of an articling position.

As luck would have it, a professor who I’d worked for as a research assistant contacted me out of the blue one day.  I had informed him weeks prior that I was yet to obtain an articling position. He didn’t have one for me, but he did know a lawyer in town who was looking for someone to fill a 10 week contract to help out with a major file. I accepted with alacrity. I was tasked with performing document review for nearly every day of those 10 weeks. This was unglamorous work by any account.   I knew if I worked hard the contract position might lead to something larger, there or elsewhere.

​My efforts paid off. As my contract came to a close, the lawyer opened his network to me. He arranged meetings for me with other lawyers in town. I met with many of them. One meeting in particular led to a subsequent partner interview, which in turn led to an articling offer. My career was launched.

Looking back, my circuitous path to securing an articling position would not have been possible without persistence, a lot of hard work, and a healthy dose of luck.  In my experience, half the battle is alerting those around you to the fact that you’re searching for a position, whether as student, associate or employee. Often when employers search to fill positions, they work their private networks prior to posting a position for general applicants.

This is probably even more true with smaller firms and sole practitioners. If your network happens to overlap with an employer’s network, the likelihood of a “match” increases exponentially. If you work hard to earn the trust of those you come across in your academic and professional life, you will increase your supportive network. This will make your articling search infinitely easier.    

by Neil Kennedy, Advocacy Club Member
[Note: since posting this, in 2017 Neil has left the preactice of law to join the Canadian Forces, infantry. We wish him well and thank him for his service to our country.]

​​Establishing yourself in the practice of law is a long, hard slog. First comes the question of where you will work the summer after first year, then second year, then articling. The anxiety builds. Throw in that dreadful Bar exam. Finally, the question becomes where will you land that lawyer job that you have been working towards for at least half a decade?
 
Everyone who has been through the slog knows how hard it is. If you are currently facing one of those hurdles, I have one word for you, PERSEVERE! Your opportunity will come knocking. Put yourself out there. Keep your head up. Endure the slog. 
 
On a more personal note, I worked hard, even struggled at times, to find law positions through these hurdles; first year summer, second year summer, articling - I still refuse to reflect on the Bar exams. I remember the anxiety all too well. Once I was comfortably employed in each of these stages, I was happy. I found myself learning a ton, and felt successful. But the in-betweens were a different story! Attaining law positions through the slog felt daunting. I kept a sense of humour. Throughout I shared the difficulties with friends going through the same hurdles. I worked hard and persevered. I passed out resumes, cold-called lawyers, and checked in with mentors.
 
When it came time to find employment for that lawyer job, the last hurdle - the one I’d been working towards for the better part of a decade - an opportunity presented itself. It didn’t appear overnight. I had spent months revising cover letters in coffee shops, and attending CCLA and OBA functions. I had changed my concept of a dream job, and my focus areas in law, more times than I care to admit. When the opportunity presented itself, I was ready for it. I was in the right headspace and I had come around to the idea of working for myself.
One thing led to another, like a chain reaction, but my stars aligned and I am happily practicing family law. I got lucky. One thing was obvious to me. Contrary to the saying, timing was not everything. Without the hard work, the opportunity would have dissipated. With hard work – luck should be no problem.

by Ceilh Henderson, Advocacy Club Member
 
Ceilidh’s email: [email protected]. She practices Family law and Child Protection law, in partnership with Altynay Teshebaeva. 
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If my experience in the first three months of practising law has taught me anything, finding mentors who you can trust will get you through it! I am lucky, I have many mentors. I share an office with two experienced counsel. I have developed mentoring relationships with both of them.  As we got to know each other, I realized that they genuinely wanted to answer my questions and point me in the right direction.

One of the two walked me though costs submissions on a Friday afternoon and then gave me his cell phone number in case I had any last minute questions after he left the office.
The other practices in the same areas as I do. She watches over me and checks in. I share both my successes and my mistakes. She has invited me to shadow her on several occasions. My advice? Take those opportunities! You will meet opposing counsel, other lawyers around the courthouse, courthouse staff, and judges. Soon they will become familiar with you.

As a brand new lawyer you can find time to shadow experienced counsel. It is not hard to ask. Debrief what you witnessed with them and they will soon become your mentor. Try to ask questions that are well thought out.
I have learned to save the silly questions for junior lawyers. They can be your mentors, too! You would be surprised what your law school buddies have learned in the time that they have been practising law. My law school friends and law partner have offered me endless support and I have done my best to reciprocate.

The last thing I want to say is thank your mentors profusely. Sometimes an email will suffice but if I feel like someone really went out of their way I send a handwritten card.

​by Ceilidh Henderson, Advocacy Club Member

Ceilidh practices Family law, Child Protection law, and Refugee law, in partnership with Altynay Teshebaeva. Email: [email protected].  

Had you asked me in law school if I would ever litigate (let alone start my own firm) I would have answered with a definitive “never”. It was not until halfway through my first year as a lawyer that I realized I could open my own practice one day. I made the jump in my second year.

Choose your partner(s) carefully.

The most important lesson I learned was to pick your partners wisely. They should have:

• the same work ethic
• the same view on work-life balance
• the same ambitions and direction for the business.

These shared views are essential for a successful partnership. Without them, you will be in a constant battle to enjoy your work environment.

My own first attempt at a partnership failed. My second is in Year Two and going strong.  This is largely because it was built on an existing working relationship I had with a fellow lawyer and friend. We created Court Coach LLP.  We provide full litigation services for family and child protection cases. We also offer unbundled legal coaching and drafting packages for self-represented litigants in need of direction.

While both of us litigate regularly, we prefer the coaching and ADR side of our practice. Our formula for success is to provide a unique set of services while doing the work we prefer to do. However, we did not achieve this success without help.

Mentoring

The second important lesson I learned is the importance of a mentor, or partner, or colleague in the field. Someone to bounce ideas off of, ask questions of, and seek help from when life’s emergencies interrupt your practice. My partner and I have both had wonderful mentors who shared their knowledge and experience, and also continue to send us client referrals. As a member of the Legal Aid family panel, a year of mentorship is a requirement.

When I could not readily find the answer to a question I had, it was helpful to be able to contact an experienced lawyer for their opinion. I also participated in the Advocacy Club. The guidance with respect to questioning and witness preparation was very beneficial. It provided me with skills I still use. Attending family law Bar and CAS defense Bar meetings allowed me to meet other lawyers and build a strong network of colleagues. Many have contributed to my personal growth as a lawyer, and our growth as a firm.
Yes, we can.
Yes, we can!

The anxiety and initial fears when hanging out your shingle wane rather quickly. With an organized practice and the support of others in your field, you can create the firm that allows you to work the cases you want, and run a business on your own terms.

​by Meagan LePage, Advocacy Club Member

Meagan’s email: [email protected]

Say you attend a cocktail party or some other meet-and-greet occasion. Someone learns you practise law. You are asked for advice. How should you deal with that?
To start with, I don’t give advice, except legal advice. And then, only at the office.  Even doctors don’t give free medical advice at a cocktail or reception.  And dentists don’t extract teeth over wine and cheese, either. 
At parties, no one wants (or needs) advice.  They want validation, confirmation, acknowledgement.  Even when they’re asking for advice – they’re not, really.
So with that in mind, I offer only a few ‘suggestions’, from my own experience:

• You don’t have to go.  Unless you really have to, that is. If you really have to go, leave early.
• Don’t drink alcohol.  You need your wits about you when you present to others, even socially. “What you say can and will be used against you”.
• Some decades ago I was CBA President. I had to go to a lot of rubber chicken dinners/wine and cheese/cocktail receptions.  My rule of thumb: watch when people start to get into their second drink; leave when they start to get to the end of that second drink – nothing good is going to happen after.
• Yes, bring your business cards. But more importantly, focus on getting cards from others you meet – and following up next day with a hand-written card (see my earlier post on this subject).
• If someone asks you what you do, don’t say “I’m a lawyer at XYZ”. That’s bland, boring, and ego-centric.  For example, me? “I help people win at the Supreme Court of Canada”. Have a tag line handy that best presents the essence of what you offer.
• Get up to date with the news before you go. You can appear knowledgeable when you discuss current events. And this allows you to switch to a topic apart from the advice you don’t want to give.
• Last, don’t be seen/heard answering your cellphone or reading e-mails or texts. This sends the message you have more important things to do than be with who you’re with (whether the individual, or the group). You send this same message even when you’re off in a corner checking your smart phone – not smart.

​by Eugene Meehan, QC, Advocacy Club Presenter
 
Eugene’s email: [email protected]

Articling students face a daunting task as we navigate our entry into the legal profession. We are confronted with long hours, a steep learning curve, high expectations. Where can we turn for guidance?

What Does a Mentor Offer?

​Mentors can bring a sense of normalcy to an otherwise crazy 10 month odyssey. They have experience and knowledge. They have experienced precisely what we are going through. This is an invaluable opportunity for us as we morph from lowly law grads to become respected Bar members. Caterpillars to butterflies.

What is most shocking about articling is how little law school prepares us to practice law. The law is just so esoteric for newcomers. Mentors often perform double duty – they counsel mentees on career development while also acting as a sounding board on “how to be a lawyer”.

I had experience with mentorship in my professional life before law school. The importance of having a good legal mentor cannot be overstated. With most large employers, mentorship sessions focus solely on career development goals. Pre-ordained “checkbox” questions are distributed from the executive suite at head office and then down through the ranks. This results in uninspiring mentorship sessions. These feel as though they occurred simply because they had to.
On the other hand, mentorship sessions with lawyers provide the chance to discuss the challenges we face with veterans who have walked in our shoes. They know a thing or two about navigating the complex practice of our profession.

Mentorship takes on a greater meaning in the early stages of our legal careers. We face many professional pitfalls as articling students and junior associates. Being able to discuss our experiences with our mentors can enrich our journey. Sharing our mentors’ experiences, successes, failures, and career aspirations is mutually beneficial and makes for lively exchanges. Have you noticed how lawyers love to share their experiences? War stories are a major part of our professional culture.

The Take-Away

​​Here is my advice to articling students in the future.  Benefit from your mentor’s hindsight. Let your mentor benefit from your emerging views on the profession. You’ll both be better for it.  
​
by Neil Kennedy, Advocacy Club Member
[Note: since posting this, in 2017 Neil has left the preactice of law to join the Canadian Forces, infantry. We wish him well and thank him for his service to our country.]

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