Three Rs of building a practice:
rainmaking, retention and referral

A panel of business-building experts offered tips for lawyers interested in growing their practices. Presented by the Committee on Young Lawyer Forum of the ABA Section of Business Law, the panelists agreed that rainmaking, retention and referrals all begin with satisfied clients.

“You need to build your client's trust that you are on top of his or her legal problem,” said Sarina Butler, ABA associate executive director, Communication Group, who began the discussion.

“The number one complaint about lawyers is that they don't return phone calls and the number two complaint from clients is that they have no clue about what their lawyer is doing. Lawyers need relationship skills to build trust and create value in the minds of their clients,” she said.

She noted the top ten rules of the road for rainmaking:
1. Set realistic goals and develop a specific plan.
2. The heart of rainmaking is relationships.
3. Distinguish yourself from your competitors.
4. The illusion of success is critical.
5. Become active in organizations.
6. When you exchange business cards, make follow up contacts.
7. Don't burn your bridges.
8. Provide your clients with four-star service.
9. When you achieve success, tell the story.
10. Don't forget to close the sale.

Most critical are skills in creating rapport. “There can be no rainmaking without building effective relationships,” she said.

Jim Calloway, director, Management Assistance Program of the Oklahoma Bar Association, agreed. In his presentation, “Client Satisfaction: Keep ‘Em Happy and Coming Back for More,” he discussed retaining existing clients.

Although law is a profession, he said, what makes clients happy with service is what makes just about everyone happy. “Client satisfaction depends on how well their lawyer met their expectations.”

He pointed out that it is far less expensive to retain clients than it is to find new ones. He suggested that lawyers start at the beginning of each client relationship to manage expectations by securing agreements regarding the following areas:
1. The ultimate result or range of possibilities.
2. The cost for work.
3. Speed (or slowness) of process.
4. Risks and uncertainties.
5. Preferred method of client communication.
6. Handling confidential matters via fax or email.
7. Back-up plan for when lawyer is not available.

Calloway explained that although lawyers, who depend on precedents, typically use office systems from the 1950s, while their clients have different standards. “Lawyers are trained to disregard the irrelevant, but when it comes to clients, if it’s important to them, it should be important to their lawyer. Client perceptions become the lawyer’s reality."

He also recommends sending closing letters at the end of each case outlining what was done for the client, sending clients clippings about their or their family's accomplishments, sending brochures or booklets with information the client might find helpful and doing the same things over and over again.

Carolyn Dillinger of Irvine, Calif., had suggestions for building a referral network. Like her co-presenters, she had a list of steps to taking in creating a strong network for referrals.

1. Take a look at current practice, evaluating current and future clients.
2. Consider how to change a current practice to include more desired clients.
3. Determine target markets and client profiles.
4. Match referral partners to target markets.
5. Build a team of referral partners.
6. Create a referral marketing plan.
7. Track communication with each referral partner.
8. Track referrals sent.
9. Track referrals received.
10. Review and revise lists as necessary.

Dillinger included a handout that provides working tips for each step. The tips are based on her experience in wanting to grow her transactional business among investors, small business owners and commercial real estate investors.

That handout, as well as handouts from Butler and Calloway, can be found at the www.ababusinesslaw.org website.

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