What You Say and Do Will....

.... come back to haunt you. Attorney Robert Ambrogi has a great article "When What Happens Online Ends Up In Court" about ten cases in which various players in the courtroom - judges, lawyers, witnesses - found themselves in trouble due to their online activity. Some are pretty funny, but all of it serves as a reminder to be careful.

It Doesn't Have to Be Complicated

When looking at growing your expert practice, have you ever thought -

"I just don't know where to start. I could list in directories, but - which ones? And what do I list under? Should I do something to my website? What should I add, take away, or change? Should I try publishing articles or speaking at conferences? What about trade shows? Does direct mail still work? How about an email newsletter? Would press releases and media exposure help my expert practice? Do cold calls have any value?"

When looking at the various marketing options out there, I hear from many of you that the choices are just too overwhelming. I think that's why many experts end up just putting their time and money into the latest 'sounds good' offer to hit their email inbox. While one of my recommendations is to always track your marketing efforts and subsequent results (a topic ALL of its own), you can simplify the decision-making process even prior to that.

At its most basic, marketing your expert services is the process of making the attorneys who need your services aware of your availability and of the value of your expertise. It is effectively communicating (to the right audience) the four "C's" that attorneys are looking for in an expert consultant:

- Competence

- Credentials

- Communication Skills and

- Credibility

So to sum it up, marketing your expert services consists of three steps:

1. Identify the attorneys (types of cases handled, geographic area, etc.) who need your services.

2. Let them know you are available as an expert legal consultant.

3. Establish an identity and consistently reinforce your strengths in each of the four C's.

Yes, there will still be specific decisions to make. But once you really get the basic purpose of your actions, those decisions are not nearly as difficult.

Marketing Doesn't Have to Hurt

I frequently talk to experts who initially believe that experts shouldn't market. But as our conversation continues, it becomes clear that the foundation of that belief is a misunderstanding of what "marketing" is for professional service providers.

Marketing your expert services does not mean following some rigid set of defined steps and cookie-cutter actions. Some experts advertise, some don't. Many experts send out announcement postcards, while others mail newsletters, and still others (to their detriment) don't make use of their contact list in any way.

Your most successful marketing actions will be the ones that play on your strengths. If you are comfortable speaking to groups, look into CLE opportunities where you could speak on your area of expertise for attorneys who work on cases that involve those issues. Offer to make a a presentation for a section of your local bar association.

If you are more comfortable writing, then write articles about your subject. They don't have to be published in a legal publication. In our “Google” style world, an article published almost anywhere (academic journal, association publication, online newsletter, etc.) can increase your exposure and enhance your credibility.

Sum and substance - focus on what you are good at and comfortable with, and marketing your expertise becomes much less onerous and, dare I say it, even enjoyable.

Note: Rosalie would have my head if I didn't remind you that everything you say, write and do can and will be cussed and discussed and used against you by opposing counsel.

How Attorneys Vet Experts and Other Info

In their June newsletter, IMS Expert Services published an article by attorney Robert Ambrogi on How to Vet an Expert. He lists some valuable resources that you can use to check out the opposing expert or, even better, investigate yourself using the links he provides and see what information attorneys are reading about you.

One thread in the Rominger forum for expert witnesses has a couple of interesting "war stories" from experts. Hopefully you haven't insulted the judge as one expert thought he had!

Everyone who uses a computer and accesses the Internet or uses a network faces an increasing number of threats. Preston Galla of PC World has a list of 15 great, free security programs that will help you fight back.

Is Anybody Out There?

Am I the only one working? I've gotten more "Out of Office" automatic email responses and voice mail answers today than I've ever had. Heck, even the spammers seem to be on vacation.

If you are working (or pretending to) and experiencing the same thing, this might be an ideal time to evaluate your business development efforts.

If you are listed in any online directories, look at your listing with fresh eyes. Is everything accurate? Has anything changed or is there something that should be added or deleted? How effective has that particular listing been in producing inquiries?

How long has it been since you reviewed your website and marketing materials - are they current and accurate? Is your CV up to date?

When was the last time you sent out a mailing to your contact list? Remember, it doesn't have to be a big deal, a simple postcard will do - you just want to stay on your prospects' radar screens.

But, business aside, don't forget to take a few minutes to enjoy the fireworks, a cookout, and time with family and friends. Have a great July 4th!

Experts - Critique Your Communication Skills

With demonstrative evidence key to most litigation, you must remember not to let the visual aspects distract from your testimony. Trial lawyer Elliott Wilcox recently wrote an article for attorneys on this very subject. Called "Monkeys in Business Suits", it's a humorous look at how NOT to compete with the images you use in court.

How Do You Come Across on the Stand?

Do you know how you come across in deposition or courtroom testimony? Do you REALLY know? Steven Mikulan wrote a great article in LA Weekly about one expert's testimony in the Phil Spector murder trial.

Mikulan highlights the positive aspects of Dr. Louis Pena's testimony in reporting how "unbelievably believable","unruffled", and "downright helpful" he was, especially his skill in "breaking down esoteric subjects into homey analogies that everyone could understand.

Mikulan also points out Dr. Pena's he little 'tic' - "a nervous habit of pulling up one of his socks while on the witness stand," and describes how the cross-examination employed a common tactic of trying to force an expert to disprove a negative.

Let me know if it gives you any insight into your own habits and communication skills.

Listen and Hear - It Matters

A well-respected and admired local news anchor here in the Tampa area recently committed suicide. The coverage has been touching to say the least. But Steve Otto's column about this tragedy in the Tampa Tribune this morning contained some very wise words for all of us. He wrote:

"Sometimes I think we only let others speak in order to catch our own breath and get on with what we want to say when there is a pause.
It wouldn't hurt to actually listen to what people are saying and then think about what it is they said before continuing with whatever it was we were talking about."

I will be reminding myself of this in both my personal and business communications because I think it's an easy habit to fall into and we end up missing out in many ways.