Thanks, Charles. This is really great. I have some follow-up questions on a few of the topics you raised. If you could address some of these questions in your post as well, that would be fantastic.

Websites

What is your opinion about the usefulness of blogging for gaining business? Several articles I’ve read suggest this is a cost-effective way of advertising one’s expertise and availability for certain kinds of cases. I guess the idea is that nowadays clients often use the Internet to locate information and representation for legal problems. I’m thinking about starting a blog (in addition to having a traditional firm website) that focuses on New York employment discrimination law, since this is the area where I will be practicing. I know blogging can be fun and educational, but is this really a good use of time, from a business-generating perspective?

Speaking

I’m curious to hear a little more about the “nuts and bolts” of actually obtaining speaking gigs. Do you solicit organizations yourself (e.g., local chambers of commerce or business organizations), offering to give its members a free seminar at their facility? And if so, do you do this by getting to know the “events person” at the organization or by other word of mouth or by written solicitation, etc.?

PR emails

I’m curious as to what you do with these. How often do you send them? Quarterly? Are these along the lines of follow-up sales contacts, or more like mini-newsletters? I assume you provide some substantive content in these emails (perhaps a review of a recent important case), along with a reminder about your personal expertise and the services you offer? Do you find that business people and potential clients respond favorably to emails of this type?

Fees

Lastly, I’m curious what small- and medium-size business in the Chicago area are willing to spend on typical, single plaintiff employment discrimination cases. I spoke to a solo L&E lawyer in Dallas and asked him the same question. I gave him a range of $50-$100K. He thought $100K was too high, but $50K was in the right ballpark. How much do the businesses in your area expect to pay to defend these sorts of cases from the start through summary judgment? (Just in terms of court cases, not claims before administrative agencies.) For various reasons, I like the flat fee approach — but I don’t want to price myself out of the market!

Anyway, you’ve given me a lot of good ideas and avenues to pursue. I have several months before I “open my doors” and I want to have thought through as much as possible so I can hit the ground running! I’ve always wanted to “be my own boss” (my father was an entrepreneur in the computer field), and I’m determined to make a success of this.

Thanks again,
Michael W.

MY ANSWER

Glad to help Michael and great to hear that you found my first response helpful.

Regarding websites and blogging. I don’t use a traditional website. I use a blog. Although a blog is really a website, blogs tend to be more interactive and personable than a traditional static website. It’s also a more effective and unique marketing tool than a traditional website. Moreover, the blog helps me get great search engine rankings. If you consistently post to your blog (I post about once every other week), you’ll find that you start to develop an audience. I get contacted and read by people all over the world. But, don’t do a blog if you can’t consistently post to it. Otherwise, search engines won’t pick you up and you won’t get returning readers.

Also, by reciprocal linking, internal hyperlinking, using tags and staying current with gadgets, etc., you can improve your blogs search engine rankings. You probably hear about search engine rankings being somewhat mystical or difficult. This really isn’t the case. Just keep posting and reciprocal linking, and you’re search engine rankings and page rank will be high. I use my blog for education and public relations (PR).

Furthermore, you can come up with some novel stuff to make your blog unique, interesting and relevant. For example, I use a custom template, photos and other Internet 2.0 applications (e.g., Flickr; also blogging is an Internet 2.0 application itself). I use Google’s web page creator to have a more traditional website by having links to my resume, biography, and a page discussing my perspectives of human resources and labor and employment law. These link to and from my blog and make the blog more interactive and personal.

One thing to keep in mind regarding blogging or any other PR and communication tool: Nothing that you do is mutually exclusive of the other. That is, everything should interrelate and should be part of your branding and maximizing your exposure. So, all of your emails should have your website/blog address and vice versa. You’re trying to build a brand image and create a buzz about your practice. Be creative and take risks (this is part of what being an entrepreneur is about).

Relative to speaking gigs, I get invited and solicit them. When I solicit organizations, I generally talk to the director/leader or their indicated designee. However, you might find that when you get your name out there, through networking, websites, etc., people will start asking for your input, advice and for you to present to their associates, clients, etc. So, I’ve been asked by numerous organizations to present. My presentations run anywhere from one hour to three-plus hours. Since my presentations largely consist of q&a, it’s no problem to present for a long time. Also, because my presentations are mostly q&a, the audience seems to enjoy it more than a lecture and they get a lot out of it; probably because it’s highly interactive. This has led to repeat performances. Also, I use my PR emails as a way to spread the word about my presentations and other activities. This is crucial for creating a buzz.

PR emails are all part of my brand building. This is a cheap and effective way of communicating with clients, prospective clients, friends, associates, etc. For me, these emails are a soft sell in that I never directly advertise my services through these emails. I send them out about 5-6 times a year, and when I compile enough noteworthy things such as speeches, interviews, publications, elections to boards of directors, etc., awards, etc. The feedback I get from these emails have been tremendous. People have asked to be added to my list and have followed up with me about a number of items. Additionally, when I advertise presentations, interviews, etc., these emails help to increase attendance and increase traffic to my blog/website.

I haven’t done newsletter emails. My blog and RSS actually replaces the need for this. Via RSS, people can just subscribe to my feeds. Regarding newsletters, I think that it’s very difficult to consistently create and distribute content. Plus, I’m not sure if they’re even effective at developing new business. It’s easier and, so far, more effective to create PR emails about six times a year.

With respect to fees, it’s difficult to put a flat fee on a single plaintiff employment discrimination case. Your time and depth of work will largely be dictated by the complexity of the facts and how many motions, pleadings, depositions, documents and witnesses are involved. This is primarily why most attorneys charge an hourly fee.

As I indicated in my earlier response to you (in my 6/2/07 post), I think that your flat fee idea is unique and doable. However, there are always exceptions to the rule and identifying those exceptions is crucial for you and your marketplace. Although I agree with the Dallas attorney you refer to, I know that New York City is a higher priced market than either Chicago or Dallas. A Chicagoland employer might pay in the neighborhood of $50k to take a case through the summary judgment phase. However, that same company may be more inclined to settle if it’s cheaper than $50k. For most companies, it’s a cost versus benefits analysis. I tend to believe that the flat fee with specific stipulations and exceptions could be more suitable.

I hope that this response helps you.