Thursday, October 24, 2024

Lawyers Who Treat Their Clients Transactionally Demean Their Clients

 If there is one common trait I see in successful lawyers, it is that they care about their clients. That concern is what drives the lawyer, energizes the lawyer, and makes the lawyer the advocate all clients deserve. In my case, I am talking about normal people. Individual people who are hurt and don’t know where to turn. They need someone on their side, and sometimes they’ve never had someone on their side.



The relationship between the lawyer and the client transcends that of privileged communications, and, I believe, is a sacred trust. You are doing all you can to stand up for your client and fight back.

 And it is a battle—especially in the litigation context. This is why lawyers must care and see their clients as people—not as business transactions.

If there is something people want. Sometime that they crave. It is authenticity. That’s why it is vital for lawyers not to reduce what they can do to slogans that sling around weighty concepts such as “justice,” “equity,” and “fight.” Not unless you plan to be fully invested in your client’s case.

 How do you become fully invested in a client’s case?

 I believe it starts with meeting with the client. Taking notes. Preferably paper notes. And you must review them, think about the case, and view the case as a grand narrative that you refine over time.

 You strive to know your client. Trying to understand. As Atticus Finch said, “climb in their skin and walk around.” You cannot do that if you treat your client transactionally.  

 Lawyers who fail to do these things are just used car salesmen, in my opinion, and they are no different than any other sales profession.

 Why take this approach?

 Because clients are worth it. We wouldn’t be lawyers without them. They deserve more. They deserve better. And they need someone who is going to do their best, fight hard, and even sometimes lose. Listen to what Gerry Spence says. But you must do your best. You cannot do that if you don’t care. If you treat your clients transactionally, then you don’t care. And you shouldn’t be an advocate. You aren’t really an advocate.

 You should find another profession.

 I hope you will check me out on TikTok. Find me here.

Wednesday, October 16, 2024

Can Lawyers Substantively Connect With Potential Clients Through Social Media?

I believe the answer to that question is yes. In my experience it’s been that way. Social media provides an inexpensive, highly visible way to provide useful information with value to people. Notice how I didn’t say get clients as that is not the objective. The objectives are to 1) provide useful information, 2) show who you are, and 3) help someone in a meaningful way. And you don’t have to interact with someone directly to do that. You can provide value just by discussing what you know. It’s really that easy—and that difficult.

 Social media applications come and go, but it is safe to say that the following are the mainstays of social media: 1) Facebook (part of Meta now), 2) Instagram (owned by Meta), 3) TikTok, and 4) Twitter (now X).

 Maybe it is my age, but I want substance. I don’t want lawyers yelling at me (on television, or on gawdy billboards where some male lawyers change hair colors like underwear, or in popup windows that follow my cursor around the screen) about “justice for you,” “I’ll get you justice,” and “I believe in justice.” My initial thought usually is STFU you cheap, ambulance chaser. And of course you believe in justice. Do you really need to say it?

It may sound harsh, I know, but I am a lawyer. It’s my job to critique my own profession and do my best to improve it. Those are cheap slogans when stated that way, and a lawyer cannot promise those things. I’m sorry, but a few hundred dollars in a class action lawsuit isn’t justice. Far from it. But that’s just one example. Neither is a quick, lowball settlement where the lawyer folds like a cheap suit because he or she is afraid to fight back.

 While you cannot promise justice, you can promise to fight hard for your clients and do the best you can. But for people you may never meet or who may never become your clients, you can provide them useful information.

This is called “awareness marketing,” I believe it’s the most important kind. And what is it based on? Providing value.

 Isn’t social media just a waste of time for lawyers and just another thing to keep up with? And it yields no tangible results?

 As most any lawyer will tell you regarding an answer, “it depends.” What kind of work are you putting into it? Do you post consistently on your chosen platform regularly? Is your message consistent? What practice areas are you focusing on?

 All these questions must be contemplated and answered before you post. But don’t overthink it. Practice it. Be yourself. All that stuff everyone tells you all the time. It matters.

 Consistency is the most important part of it. By that I mean the routine of it. You do it over and over. Eventually you start to build up a large body of substantive content. If you discuss what you know and what you believe in, it will provide information that helps people. Believe me. I’ve seen it. I get several messages each week in Facebook, Twitter, Instagram, and TikTok asking questions, thanking me for my content, and making suggestions.

 All of this sounds great, but can you give me specifics?

 While I cannot divulge client information, I can say I have gotten two major litigation cases in the last two years (one very recently). After twenty years as a lawyer, I do not see cases as a “case of a lifetime” because that diminishes other cases. I believe all cases are big cases. Every case is someone’s “case of a lifetime.” But these have the potential to be very large settlements. We shall see as the law is fickle.

 Let me get more specific: On TikTok alone I have brought in since March over 20 SSI/SSDI cases, 1 huge litigation case, and leads on several other potential cases. This is from videos that are maybe 2-3 minutes recorded at my desk, in my car, in a random room somewhere all done on-the-fly and unscripted. Now, I’m a talker. I’ve done dozens of TV interviews over the years, so that helps. And I have done this for so long that I can speak clearly and succinctly on my primary topics: PI/WC, the nature of the legal profession, SSI/SSDI, medical malpractice, litigation in general, and various political issues.

 Can I just speak my mind?

 Yes, I think you can. In fact, that’s preferable. You must remember that most people see lawyers as canned, rehearsed, and boring. I say exactly what I want, and I make no bones about my beliefs. It works for me because (I think) people know I care. Although I have various viewpoints and beliefs, they know I care about my clients first and foremost as people. And I have as my goal helping them. Quite frankly, it’s a privilege to use my education, experience, and life advantages to help people.

 Lawyers are interesting people contrary to what many people think. Social media can showcase that and make the lawyer more “likable,” which, if done for long enough consistently enough, will bring in clients—the kind of clients who you want, who want you, and who need you.

 

 

 

Saturday, October 12, 2024

M’fers at law, a retrospective in ink

These are various drawings I’ve made over the past few months. Remembering what you don’t want to see in a lawyer is a useful exercise. Is this harsh? I don’t know. These are just drawings of no one in particular. But I’m glad I don’t have to deal with people like this. If I ever do, I’m free to tell them to fuck off, which is liberating. 








Thursday, October 10, 2024

Should lawyers be on TikTok?

Do I even need to ask this question? Apparently so. And, generally, the answer to this question is yes. At least it’s been a big yes for me. But I’m a good talker. I have deep reservoirs of…information. That’s a charitable assessment, but I do provide good information. Or so I’m told. After all, I have done TV legal commentary quite a bit over the years. So, I know what to say and what not to say.

Whether you should be on TikTok is a question only you can answer. All I can do is tell you why I am on TikTok and what I think the benefits are to me. 

1.     TikTok allows me to provide useful information to a much wider audience in a way that’s nonthreatening.

 Lawyers scare people. This should come as no shock to most of us. Maybe we don’t realize we are scary, but we can at least concede the point that we know lawyers are scary. Anything I can do to make myself more approachable and more helpful is something I want to do. Most people think lawyers are either maladjusted jerks who rip people apart (I’ve met some of those from other states) or snobs on their way to the next cocktail party (there are plenty of those, too).

 But I believe lawyers are engaging, vibrant people. Or at least they can be.

 Many experts claim lawyers should do all they can to get on TikTok due to the exponential growth of lawyers on TikTok.

2.     If you do it right, TikTok brings in clients—lots of good ones in my experience.

 Some lawyers adopt a persona on TikTok. For example, there’s one guy who dances around in front of a gilded throne of a chair and uses voiceover. He has a great reputation as a lawyer, and he has a huge following. That’s not for me, but good for him. I typically record most of my videos (1-2 a day) in the car right before I go to the gym. That’s usually midday or around six PM if I go in the evening.

 The clients started calling within a few weeks after I started posting PI/WC, Social Security disability, medical malpractice (a subcategory of PI), and other legal related issues. Recently I brought in a gigantic case due solely to TikTok.

 I’ve had videos where I’ve gotten 20,000 and 40,000 views with thousands of comments. My followers are about 3,200 plus. And they grow all the time. It’s only just begun, and I really enjoy doing it.

 Honestly, my practice is blowing up lately, and I think that’s largely due to my social media presence on TikTok.

3.   TikTok is fun and friendly.

Some people will mock you, and that’s fine. “Haters gonna hate” as the expression goes. But I don’t pay those people any mind. I don’t hold back on TikTok. I’m totally my unbridled, authentic self, and people like it. They appreciate the candor and authenticity. They also know I love my clients, and that I’m passionate about fighting for them.

Basically, I hate bullies and fight for people I think are treated unfairly. That’s the thrust of a lot of what I say.

But what I really believe is clients have a powerful story to tell. And my job is to find those stories and help the clients to be able to show the truth of their struggle.

 I talk a ton about compelling narratives on TikTok because I’m a litigator. I’ve also published fiction and nonfiction as well as been a law school essay consultant (essay doctor, really), so I am big on finding the narrative in clients’ cases. I believe in helping clients tell their truth. So, I talk a ton about such things. In my opinion, it really matters.

I hope you will check me out on TikTok. Find me here.

Wednesday, October 2, 2024

Lawyers must connect with clients and show they care

Which you can’t do if you are (for example) an ambulance chaser from California, who dies his hair. 


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