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The Litigation Consulting Report

Business Development – The A2L Way

Posted by Ken Lopez on Mon, Aug 22, 2016 @ 04:13 PM

a2l_professional_services_business_development.jpgby Ken Lopez
Founder/CEO
A2L Consulting

I have always been deeply involved in and passionate
about business development. It was this passion that made it possible for me to build A2L from the ground up in the early 1990s.

Building a company from nothing is no easy task. I often share with young entrepreneurs one of my great secrets – the ways in which I found my first clients. I wrote down the name of every person I knew who I thought might know someone helpful to the business. Ultimately I ended up with a list of 400 people. They were my first set of prospects.

In that group were college buddies, old bosses, and even my mom's high school boyfriend. I contacted all of them, and from that group, I landed clients at AOL, Dickstein Shapiro, and a variety of other well-known law firms. That was how I got started, and this process of relationship-based business development is essentially how I contribute to A2L's business development efforts today.

As we're in the process of hiring a new member of our business development team, I started reflecting on how we do business development at A2L. I think it is pretty impressive, and most professional services firms could learn something from our process. It's rather complex and involves a mixture of repeat/referral work (the majority of our work), growing new relationships from old relationships, and using a rather sophisticated method of blogging to generate inbound interest in our firm that attracts clients who think the way we do.

Indeed, blogging is one of the most important things that we do as an organization. Most of our new business is generated as a result of our blog.

I love it especially because it is very authentically generated business. We share our experiences, we describe the things that we know and believe, and the world's best trial lawyers find their way to us. We give away a lot of our “secrets” about litigation, knowing full well that many people will read these blog posts and never hire us. We hope and expect that some people will read our blog and will be impressed by what we have to say and what we have learned from more than two decades of experience in trial consulting.

Our business development team is thus truly in the business of helping, not selling. They help connect top-end trial lawyers with expert litigation consultants who improve opening statements, develop compelling narratives, conduct scientifically valid mock trials, and develop litigation graphics that teach and persuade judges and juries.

If you or if you know someone who might like to work in this atmosphere in our DC office, consider sharing this article or one of the links below with them:

Here are some other business development for professional services firms articles and tips that you may find useful:

Tags: Litigation Management, Pricing, Management, Leadership, Business Development, Litigation Public Relations

Why We Blog (and Maybe Your Firm Should Too)

Posted by Ken Lopez on Wed, Oct 14, 2015 @ 04:10 PM

blog blawg storytelling inbound marketing lawyers content marketing attorneysby Ken Lopez
Founder/CEO
A2L Consulting

A new friend of mine had been the head of litigation at a Fortune 500 firm known for frequently being involved in litigation. He said something interesting to me earlier this week: “You guys put the best information out there. You synthesize litigation information better than anyone else. But does it translate into business for you?”

He said that last part with a bit of skepticism in his voice. That was an “aha” moment for me. I realized that I really haven’t talked much about how helpful our blogging has been to our business (and might be for yours), so I want to share some of the amazing facts about it.

A month ago, we celebrated our 7,500th subscriber who signed up to be notified of new articles in this Litigation Consulting Report Blog. In just four and a half years, we have gone from zero subscribers to 7,500. We have progressed from 800 visitors to our website each month to about 20,000. We've gone from a small handful of downloads from our website each month to about 2,000 per month. We've gone from a couple dozen published articles to more than 500. Even the American Bar Association has called our blog one of the very best. That is amazing, and I've shared most of that information in some form before.

Here's the most important piece I've never shared, and it's what I shared with my new litigation friend: Just about every business day, sometimes many times per day, someone asks about working with us as a result of reading something on our blog.

Five years ago, I thought a blog would be a neat way for us to show some thought leadership in the industry, but I didn't really think it would be a big business generator. I was wrong. The blog generates most of our business now, and I am more surprised about that fact than anyone.

Five years ago, we pulled in most of our jury consulting, litigation graphics and trial technology/courtroom hot-seat consulting work by calling prospects on the phone (repeatedly). Most of our competitors still do this. I just never believed that annoying people into buying from us was a good long-term strategy, and I think history has proven us right.

Our blog generates exactly the kind of business that we are great at. If someone reads our blog and enjoys it, it means they tend to think as we do as an organization. It means they are serious about winning and willing to do what it takes to win. They probably also have an understanding of the proven persuasive power of storytelling, of litigation graphics, of the rhetorical techniques we share with our clients and of the value of outsourcing some of these elements of trial preparation to experts. It self-selects the very best litigators who typically go on to win cases. 

So, I can't say that we blog for the money, but it is a very pleasant side effect. We blog because we love the work that we do. We live in the courtroom every day, and there are not many people like us. We love to share our message and hopefully to elevate the entire industry in the process.

A blog is the most classic and best example of inbound marketing – the type of marketing that is considered the best and most successful type in the Internet age. Inbound marketing focuses on creating high-quality content that pulls people toward one’s company and one’s services. By aligning the content that we publish with our customers’ interests -- through the blog, the articles that we write and other means -- we naturally attract inbound traffic that, over time, becomes our best source of new customers.

a2l consulting top 75 articles of all time

Tags: Trial Technicians, Litigation Graphics, Jury Consulting, Hot Seat Operators, Trial Technology, Litigation Support, Articles, Marketing, Business Development, blog

6 Traits of Bad Business Developers You Never Want to See

Posted by Alex Brown on Wed, Oct 22, 2014 @ 10:35 AM

 

vacuum-salesperson-business-developmentby Alex Brown
Director of Operations
A2L Consulting

In my last article on business development I discussed the traits of great business developers I like to see when hiring. Today, I focus on traits I like to avoid.

If you close your eyes and try to picture a business development professional, what do you see? Depending on your age and whether you work in a law firm or elsewhere, some of the common images are:

bud-fox-business-development Bud Fox from Wall Street        

jerry-maguire-business-development  Jerry Maguire   

death-of-a-salesman-business-development  Willy Loman from Death of a Salesman.


Almost always you think of a charming and intelligent person who's fun to talk to -- someone you look forward to seeing at a networking event, someone with credibility. But internally, what do people think about business development professionals:

snake-oil-salesman-business-developmentSnake oil seller

used-car-salesman-business-development Used car salesman 

 

simpsons-business-development Don’t take your eyes off that one…


But these people shouldn't be on your team. You need to avoid the following qualities in building your business development staff whether in a law firm or in a professional services firm:

  1. Limited follow through or lack of attention to details. Many times, a lawyer will win or lose a case on the basis of a small detail of wording. The same is true for business development. Your BD staff is out pitching the amazing capabilities of your firm. What promises are they making? What needs are not being met because the staff doesn't understand what is requested by the client? How many unexpected bumps happen because they did not ask all the questions? Charisma will only get you so far, Follow-through and detail are what closes the deal.
     
  2. Absence of structure. To some people, structure comes naturally, but it can also be learned. People can learn how to make lists, follow directions, and stick to a plan. But some people fly by the seat of their pants, don't know how to follow up, have poor internal communication skills, and end up unprepared for unforeseen events. Structure is the ability to see the finish line and to navigate to the goal.
  3. Failure to think like an owner. Some business developers "leak value." That refers to the loss of profit resulting from a gap between what the developer supplies and what is needed. Do they over-think what is "fair" for the client rather than what's good for the firm? Do they make too many assumptions about what is important to the client and give a lot of terms away? Do they just want to close the deal at all costs versus thinking through what is actually good for the firm? Bad deal people don't think like a business owner. They treat the company's money as something to give away as "extra value" in a negotiation. Great BD professionals never aim low.

  4. Difficulty "getting it." Bad BD professionals become too dependent on others in the company rather than building up their own skill sets. Sometimes, for example, a term that's crucial to the business is buried or hidden as legalese or "technical specs."  A great deal person will be fully conversant with these concepts. A bad BD professional says "I don't know." A great BD professional says "I don't know now, but I will find out."

  5. The "Me syndrome." Are your BD people known by their name only, or as affiliated with the firm? Do they network for themselves, but make contacts that never get to the database? Are they the type that keeps things in their head rather than share? If so, they may be the type to leverage a deal for personal benefit first. When closing a deal, some BD professionals set unreachable expectations by mentioning terms that the company can't back away from. And they do this without any internal discussion or approval, all in the name of closing a deal regardless of the cost to the firm. A great BD professional knows when to walk away from a deal.

  6. Projecting a lack of trustworthiness. Good BD professionals can flip the switch, so to speak. In this profession, you have to spin at times to external clients. But you have to know when to turn it off. Great BD professionals never seem like they are spinning or selling, even when they are.

Other A2L Consulting articles related to professional services sales, business development and rainmaking:

Tags: Business Development

8 Traits of Great Business Developers (In or Out of Law Firms)

Posted by Alex Brown on Tue, Oct 14, 2014 @ 08:54 AM

 

law firm business development sales rainmakerby Alex Brown
Director of Operations
A2L Consulting

These days, there’s no question that sales (or business development as law firms like to call it) is essential to the success of nearly every law firm. Law firms can’t exist without clients – and whether a firm prefers to expand its client base or to get more work from its existing clients, it needs to have a business development function. Accordingly, any law firm needs to hire people who know how to bring in business.

Some law firms rely on their partners to generate business; that’s the typical “rainmaker” paradigm. Some other law firms have a dedicated sales force that may report to the chief marketing officer, to the management committee, or in some other way. Some firms do a mixture of both.

But however you look at it, great business development people are hard to find (I'm the hiring manager at A2L). One reason that this is so is that many law firms don’t know how to look for a great business development person. For example, a firm might hire someone who is bright, charismatic and articulate but can’t get anything done. That person won’t last long. Or there might be someone who is highly networked and wants to bring in clients but doesn’t know how to put together an agreement. That person won’t last long either.

In my next few blog posts, I will share with you the characteristics of a good and of a bad business developer --and how to find one and determine whether you have the right one.

The best business developers I have ever met have the following traits:

  1. Intelligence. They are smart and think well on their feet.
     
  2. Excellent communication skills. They can communicate well with both the law firm’s partners and other lawyers and with the client or potential client.
     
  3. Creativity. The best business developers are fearless and willing to make a seemingly outlandish request. They have the intuition to know that even if their proposal is rejected, they are at least being heard. They have their “foot in the door.”
     
  4. Adaptability. While extensive research on a client or matter is ideal, when there’s no time or the research can’t be done, the great business developer can use whatever information he or she has at hand.
     
  5. A sense of structure. A good business developer can hit all the marks – mining, pitching, negotiating, closing and implementing. An unstructured person is always planning but never closing.
     
  6. A sense of the big picture. A good business developer follows a simple formula: Find out what is important, try to achieve it, and get the work. Great business developers do not focus on the little things that don’t really matter; sometimes they have to be willing to walk away. Only someone that sees the big picture can make that decision.
     
  7. Stamina. Getting a new client can take a long time and involve a lot of back and forth. Bad business developers tend to concede too much at the very end in the interest of closing the deal and often lose a lot of value for the firm.
     
  8. Moral compass. A great business developer, like any great employee, will do the right thing even if it is uncomfortable or against his or her self-interest to do so. There are all sorts of ways in which business people may act to benefit themselves rather than the company. Character matters.

Other A2L Consulting articles related to professional services sales, business development and rainmaking:

Tags: Management, Marketing, Negotiation, Business Development

The Top 5 Qualities of a Good Lawyer

Posted by Ken Lopez on Thu, Sep 25, 2014 @ 02:48 PM

 

traits of a good lawyer makesby Ken Lopez
Founder/CEO
A2L Consulting

I'm often asked for advice on hiring a lawyer. In fact, I refer about two dozen cases/clients out to trustworthy lawyers each year. Usually, they range in value from family law-types of cases to $100 million complex commercial disputes.

I am in a unique position. While trained as a lawyer, I don't practice. I spend the majority of my time running A2L, a litigation consulting firm, and I publish what is likely the most widely read litigation blog. However, I think what really qualifies me to make great referrals is the twenty years I've spent working with top litigators both as a consultant and as a client. In that time, I've had a chance to see how 1,000 lawyers or so perform, and I've learned a lot about who is good and who is average.

When someone calls and says to me, "I need a good lawyer," I need to know a lot more than that. In fact, I'm convinced that most people don't know what "a good lawyer" means exactly. I'm not even sure many lawyers know what makes a good lawyer.

From the outside of the industry, however, I think it's almost impossible to tell who is good. "Good" is almost entirely based on word-of-mouth, and world-of-mouth is usually affected by some form of confirmation bias. That is, people want to recommend a lawyer they've used before, since making that recommendation helps them reinforce the decision they made to hire that lawyer in the first place.

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Knowing that someone is a SuperLawyer is good, being AV rated is good too, and even having a reasonable Avvo score is a plus. However, even among lawyers meeting these three criteria, I observe wide variations in talent. So, to give a good referral, I really have to both understand who is a good lawyer, and recommend the right lawyer for the situation.

Reflecting on 20 years of experience, here are five traits that define a good lawyer for me when I am making a referral:

  1. Negotiation talent. Far more important than any other trait, negotiation skill will get you the most value from a lawyer. Good lawyer-negotiators seek to leave all parties feeling like a reasonable outcome was achieved, rather than trying to run over the opposition. This does not mean they get you less than you seek. It means you get a fair outcome, and you feel good about your outcome. It means the outcome is also workable and has staying power. Good lawyers manage expectations on both sides of the "v." and are masters of selectively using leverage to help guide a dispute toward resolution. They have a warrior spirit that is fed by cleverly getting to the desired outcome. They play chess, not checkers. When a lawyer is not a good negotiator, disputes cost more and outcomes are less favorable. The problem is that this skill is very, very hard to evaluate unless you have seen someone conduct a negotiation. 

  2. Good Paper Talent. Good lawyers draft correspondence, motions and briefs that are well-cited and well-written. Typos are non-existent, and they maintain a sense of decorum unless it is truly helpful to do otherwise. Their emails are well-thought-through, and they avoid common grammar issues. They get things done on time, and they are familiar with using storytelling and persuasive graphics in pleadings to maximize persuasiveness. Of course, they get the law right, but that really should be a given. 

  3. Presentation Talent. Good lawyers present well when they are being spontaneous, and they present fantastically well when they have time to prepare a trial presentation. They are confident. They are familiar with the latest thinking about litigation graphics. They are comfortable relying on litigation consultants and others for good ideas.

  4. Specific Experience. Just like a job interview, you really want to hire someone who has handled a problem like yours many times before. This is not always possible when hiring a lawyer as many problems are unique. Furthermore, if I had to balance negotiation skills vs. experience with a particular subject, I'd still very heavily weight my decision in favor a lawyer with superior negotiation skills. 

  5. Reasonable Accessibility. Good lawyers make themselves available to you, and you should not have to beg them to talk with you. That does not mean you have a right to be high-maintenance, it means their availability should vary proportionally to the seriousness of what you are facing at that moment. Good lawyers are busy, but as they say, if you want something done, ask a busy person to do it.

Notice I did not mention fees or rates in my top-five list. As my favorite outside counsel says to me, perhaps in a self-serving way, "there's nothing more expensive than a cheap lawyer." Fortunately, I happen to agree with him.

You can probably tell that I enjoy making referrals, and, in fact, I happened to give three yesterday. My hope is always that I have made a good match for all involved, and so far, that's always been true. Please comment with other traits you think I overlooked.

Other A2L articles related to business development, pricing and litigation consulting:

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Tags: Litigation Graphics, Trial Presentation, Litigation Consulting, Pricing, Storytelling, Leadership, Pleadings, Business Development

The Top 10 Tips for Selling Professional Services

Posted by Ken Lopez on Wed, Sep 17, 2014 @ 03:16 PM

 

professional service sales tips litigation supportby Ken Lopez
Founder/CEO
A2L Consulting

As the founder of A2L Consulting I've had the opportunity to do every job in the company at some point in the last 20 years. I enjoy technical work that requires deeply complex thinking. I'm great at conceptualizing litigation graphics for opening statements. Not surprisingly, as CEO, I also love leadership and strategy.

However, the job I love the most is helping people connect with the right people at A2L who can solve their challenges. Usually, these challenges are related to communicating to a judge or jury, persuading a skeptical public audience, or testing to find just the right oral and visual message for a particular audience. What do I call this job? Well, the title of this post is big clue. This job is sales. 

A lot of people conjure up images of gregarious backslapping fraternity types when they think of salespeople. If you're doing it well, nothing could be further from the truth.

Sales is simply helping people solve problems. It's pretty easy when they know they have a problem, but it is certainly much harder when they have yet to perceive the problem, when you want to help them prevent a problem, or even when they have no idea that the solutions you know about exist.

In 20 years I've talked to tens of thousands of people in a sales context. I think I do sales well, and the lessons I've learned selling litigation consulting services can be applied to any professional services sale including selling as a lawyer.

Here are the top 10 tips I have for any salesperson engaging in professional services sales or pretty much sales of any type.

10. Create accountability systems. Great sales people want to be held accountable for their metrics (i.e. calls, meetings, etc.) and their results. Bad sales people hide and obfuscate. If you want to be great, get yourself a coach, a mentor or a group that you will report to weekly. Simply by talking through your metrics with someone else on a regular basis you'll become much more effective.

9. Act like your prospects. People generally like themselves. They also usually like people like themselves. If you want to be liked and respected by your prospect, behave like them. While I believe in NLP principles related to mirroring and matching techniques, I'm not being that granular. If your prospect is an introvert, be one when you're with them. If they like to go out for drinks, join them in that atmosphere. Go where the prospects are, and act like the prospects do.

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8. Tenacity is the best and most overlooked sales strategy. One study found that most sales people have given up after the fifth attempt to reach someone. However most deals are usually arrived at after at least eight contacts and attempts to get a deal done. As one blogger put it, 90% of salespeople have given up before 80% of sales are made. Very often, to be good at sales, all you have to do is stick with it. If you generally only try to reach someone a few times, you're almost guaranteed to fail as a salesperson.

7. "No's" are good news. It's probably going to take nine no's for every yes you hear in sales. Rather than seeing a "no" as an affront to your self-esteem, be grateful. You just got through one of the nine preventing you from getting to that next "yes."

6. Your existing clients have more business than you think they do. While A2L has worked with pretty much every major law firm in the country, there are really only a handful of firms where I believe we have more than 25% of the firm's annual litigation consulting spend. I've been at this 20 years, and I still have this problem. All of my serious competitors like DecisionQuest, FTI and TrialGraphix, are in the same boat. You can always dig deeper, and it is always easier, faster and cheaper to sell to current clients than it is to find new ones. Treat your current clients more like prospects and less like assets, and you'll uncover gold.

5. No one sales method works for the long-term. At A2L, our sales teams and I use a combination of four methods to generate sales. First, we do great work at A2L so we get repeat business and referrals. In professional services, results are gold, and without them, no amount of sales can help you. Second, we use this blog (here's a free subscription) to share valuable information with the kinds of people we hope to work with (5,000 subscribe already). People call us every day as a result of having read an article about jury consulting, litigation graphics, trial technology, or our visual persuasion services. Third, using a product called LawProspector, we use warm calling methods to reach out to people we know are likely to need litigation consulting services soon. Fourth, we use classic one-to-one relationship selling to build relationships for the long-term. These four methods work together like a symphony.

4. What gets measured gets done. Sorry for the cliché, but it's true. If you're not tracking every bit of sales activity you do, you shouldn't bother trying to sell, because you're just doing it wrong. You must use a CRM. Without metric tracking and accountability in some form, most people will just bounce from conversation to conversation without converting a meaningful number of deals. It feels like sales, but it's really just endless flirting.

3. You're going to sell your way no matter what, so don't try to sell like somebody else. A friend of mine who is a partner to major law firm is a very effective sales guy. He's worked at it, and he is rightfully proud of his accomplishments. He uses a sales coach, and he shared with me something that his coach told him. My friend didn't like big networking events (I can empathize), and he didn't like cold calling people. However, he knew he liked having dinner parties. So instead of uncomfortable selling methods, he has regular dinner parties with people who are prospects and people who are clients. It works for him, and his method is entirely consistent with the message I am advocating.

2. Sales is helping people. I said it earlier, but there's a lot of baggage around the word "sales." It is unwarranted. Sales is simply helping people you care about be relieved of or avoid pain. Who doesn't like to do that? Remember that the next time your confidence is down. Start helping someone.

1. C + M = $ales.  You'll make a certain number of contacts (i.e. calls, emails, handshakes) from which will you earn a certain number of meetings. From those meetings you get a certain amount of business. Anyone who tells you sales is something more than that is trying to sell you something. If you don't have enough sales, you're not going to enough meetings. If you're not getting enough meetings, you're not making enough contacts. You're probably going to need to make at least 25 contacts to generate a meeting (very cold calls can be more like 90:1). If you know your average transaction and you know your sales goal in dollars, you know exactly how many calls you need to make and how many meetings you will need to set up. Required Calls Per Week = (((Annual $ales goal / average transaction) / (10% meeting close rate)) * 25 calls to get a meeting) /48 weeks (because nobody sells 52 weeks a year).

I love hearing from other salespeople, particularly those in law firms, litigation support and other professional services. Drop me a note, and tell me what tips I missed.

Other articles related to sales, pricing methods and customer service at A2L Consulting's site:

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Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Jury Consulting, Litigation Consulting, Jury Consultants, Pricing, Customer Service, Business Development

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Authors

KenLopez resized 152

Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


tony-klapper-headshot-500x500.jpg 

Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.


dr laurie kuslansky jury consultant a2l consulting







Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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