Volume 20, Number 1
Jan/Feb 2003
CLOSING THE DEAL
By Silvia L. Coulter
For many lawyers, generating new business is not as simple as
it was when joining the local Chamber of Commerce more or less
guaranteed at least a few referrals. Women lawyers-especially
solos-report feeling confident with today's more sophisticated
approaches, but a surprising number admit they pull back at the
crucial moment of closing the deal.
Closing the deal-the moment when you ask, So, shall we agree I
will represent you, and the new client responds, Yes, I'd like
for you to handle this matter-is often when the dreaded specter
of The Pushy Female rears her unpopular head and the assertive
professional wilts. Thorough preparation that includes planning
for a long-term relationship with the prospect, even if the
individual engages another lawyer, can help the closing become a
smooth, certain final step.
Expansion for most businesses these days is accomplished by
addressing customer/client needs: building relationships with
referral sources, existing clients, and prospective clients.
Relationship selling, as it's often called, is about the client,
not about the lawyer. Sales is a process, and by thoroughly
exploring the process of building a successful sales
relationship, closing the deal can become a natural end
result.
Groundwork
Some of the most essential work, of course, must be done well in
advance of even meeting a prospect and falls under the general
term "getting organized." Define your target market (even if just
a few individuals), the referral markets, and the external
organizations that can provide you with opportunities to be in
front of these markets. For example, gather contact information
about media outlets like local newspapers and newsletters or
websites put out by the Chamber of Commerce and other
organizations. Target networking activities you can attend or
associations you might join; offer to write a general-
interest newspaper column or give free seminars on your subject
area once a month. Consult with a designer who can assist with
creating a custom logo, or with a friend's high schooler/nerd to
create a website that allows individuals to check your background
and specialties and learn more about your services.
Approach
Approach involves physically meeting the market. Try to network
once a week at minimum with close contacts, potential clients,
and/or referral sources who can help you build a pipeline of
prospective opportunities. Remember the phrase "out of sight, out
of mind"? It's truer than true when it comes to sales. Many
rainmakers keep printed copies of their contact list in the
office, at home, and in the car, and phone each person on the
list at least once every four months, just to stay in
touch.
When the opportunity to meet with someone face to face presents
itself, develop a list of about 20 questions that cover the
person's interests, business, and family. By staying in control
of the questions, you stay in control of the sales process,
directing the flow of conversation where appropriate. Begin with
some of the questions you prepared ahead of time; here are a few
examples to consider, or to start you thinking of your own:
Begin by introducing yourself, of course: "Hello. My name is
______, I'm a _____________ attorney. How are you this evening?"
Follow this with another leading question: "What are you finding
are your most challenging business situations lately?" Or "How
active are your target markets these days?" For those in
individual-consumer practices such as real estate, divorce, etc.,
other questions could start with inquiries about their children's
sports activities or their own community involvements. You'll
find you'll learn more than you could have imagined about your
prospect's business and legal needs. This type of sales call,
which opens the doors for good communication with the prospect,
can develop into a strong and lasting relationship.
Strategize
Far too often, one pitch that doesn't result in a new client or
assignment means that the lawyer abandons all cultivation of the
relationship. This is a mistake-the wait for actual business can
be as long as a year or two. Keep in mind that until a prospect
becomes a client, the individual remains a prospect. Even when a
good contact ends up hiring another firm, keep in touch and
continue to build the relationship. Sometimes a relationship that
doesn't produce immediate work can produce referrals. Other ways
to remain in contact include invitations to ballgames, golf
outings, association breakfasts, community events, theater or
concert performances, etc. Civic charitable events offer
excellent opportunities to invite contacts and prospects as
guests; even if they don't attend, the contact and the invitation
matter most-the thought alone is always appreciated.
Address Client Needs
Making sure you address at least one of the potential client's
needs as often as possible during your interactions works whether
you're in a formal meeting or a more casual situation. Any time
you give information about your practice, in written or verbal
format, consider it a "presentation"-as far as a prospect is
concerned. As often as possible, make sure your responses,
including brochures or handouts, are tied in with something the
prospect said is important.
This technique works in any type of selling situation, whether
the service is estate planning, medical malpractice, or real
estate. People shopping around for a lawyer should not have to
base their decision on rates alone. Especially if you've already
established an ongoing relationship, actively listening for key
selling points will enable you to differentiate your practice and
service style from others. Avoid sounding like everyone else;
present yourself so that someone will think, "I need to hire this
lawyer." If the issue of money arises during a presentation, take
it as a cue that more education is required on the buyer's side
and more listening, perhaps, on the seller's.
An essential key to successful closing of the business is to
"trial close" during the process: Ask for agreement along the
way, with small and large issues. This helps you build a
psychological commitment to saying yes and, ultimately, to
engaging the firm. Think of it as a different type of negotiating
process. Once the prospective client shows interest, engages in
conversation, and appears open to making a decision, closing the
deal is simply the next obvious step: Ask for the business.
The Close
Understandably, this can be an uncomfortable task, especially at
first. Here are a few examples of how to move on to the
close:
1. "I think we've addressed your key points… . Have I
answered all your concerns?"
Note: Wait for the response. Give the person time to think. If
the prospect brings up other questions, continue answering. Then
return to the close: "I'd like to begin working with you. Why
don't we review the terms of engagement and start to discuss the
specifics of the matter?"
2. "I would enjoy having you as a client. Why don't I begin with
handling one matter for you?"
3. "I have some ideas I believe would directly impact this
matter. Are you ready to discuss specifics relative to the
engagement document that will meet your/your company's
requirements?"
4. "We could begin work on this immediately. Shall we go
ahead?"
Practice so that you become comfortable with these types of
closing questions-the more you use them, the more natural the
assertive voice will become. Keep in mind the key psychological
utility of the final question, which frames the agreement yet
leaves the ball in the prospective client's court. If, during a
formal meeting, it becomes evident that future discussions will
be necessary, always leave with a leading question: "How should I
stay in touch with you?" "What's a good time for me to follow
up?" Open the door on future meetings and calls.
Practicing these tips many times with contacts, referral sources,
and prospects makes the job of closing the business easier. The
best analogy is that of the journey that begins with one critical
step. After the first, many more are required. Map out the plan,
stay focused, and maintain your enthusiasm. By carefully
following the sales process and listening to the client, asking
for the business becomes the realistic next step.
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