June 1, 2012 nº 1,184 - Vol. 10

"We tend to get what we expect."

Norman Vincent Peale

In today's Law Firm Marketing, Hot prospects turn cold, build defenses when you look like a salesperson.


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  • Top News

Piracy treaty dealt critical blows in EU votes

Three key EU committees have voted against the controversial Acta - Anti-Counterfeiting Trade Agreement. The treaty, which aims to curb piracy, was rejected by committees tasked with assessing its legality and impact on civil liberties and industry. While the agreement covers the counterfeiting of physical items, such as pharmaceuticals, it is the measures relating to pirated material on the internet that have caused most concern among campaigners. The agreement suggests setting international standards over how copyright infringements are dealt with. Possible measures include possible imprisonment and fines. However, critics say it is a potential threat to freedom of speech online. To date 22 member states, including the UK, have signed the treaty - but it is yet to be formally ratified. The European Parliament will make its final decision on Acta in July. If the European Parliament votes to reject Acta, the treaty will be scrapped entirely.

Firms brace for Europe's worst

As European officials race to quell fears that Greece may exit the euro, many companies doing business in the troubled country are preparing for the worst. From Diageo to Heineken to Procter & Gamble, companies in Europe and beyond are making contingency plans for a potential Greek exit from the euro. Most executives, analysts and others agree on one thing: the impact of a Greek withdrawal from the euro zone is impossible to predict. That's why multinational companies are rehearsing for any number of contingencies. They range from a paralysis in cross-border payments to a civil breakdown in Greece to a broader breakup of Europe's common currency. Retrieving their cash is among the companies' gravest concerns. If Greece were to revert to its former currency, many companies fear that any euros left there would be converted into less-valuable drachmas. Should that happen, Greece is widely expected to impose capital controls to keep the remaining cash in the country. In Greece, and increasingly Spain, companies are insisting on bigger upfront payments for services and products, sometimes of as much as 50%, or reducing payment periods to 15 days from 30. Another sign of anxiety came earlier this week from two of the world's biggest trade-credit insurers, who make sure exporters get paid even if their foreign customer defaults. They said they would suspend coverage of goods shipped to Greece because of the mounting risk of being unable to recoup payments from importers there. Even if Greece ultimately stays in the euro zone, the pullback by companies and banks operating there is bound to take its toll on the already-beleaguered economy, which shrank by 6.2% in the first quarter. Bankers say the uncertainty caused by last month's elections has largely paralyzed business activity in Greece, with companies postponing investment decisions until the dust settles and as cash drains out of the country, bleeding its economy.

Banks choose to be less than transparent on Europe

United States banks received a regulatory memo this year asking them to make clearer their public disclosures about their exposure to Europe's troubled countries. Not all the banks bothered to comply fully, however. And this could backfire on them if financial conditions in Europe deteriorate further. In January, the Securities and Exchange Commission requested that banks' financial filings contain specific descriptions of loans and trading positions relating to Europe. But some large financial firms did not follow all the S.E.C.'s suggestions in their first-quarter reports.

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  • Crumbs

1 - New York plans to ban sale of big sizes of sugary drinks - click here.

2 - Ecuador plaintiffs file lawsuit in Canada against Chevron - click here.

3 - Gay marriage ban challenged in Illinois - click here.

4 - Megaupload lawyers move to kill U.S. internet piracy charges - click here.

5 - Ex-Cameron aide Coulson charged with perjury, police say - click here.


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  • MiMIC Journal

China activist urges US to push for rule of law in China

Blind Chinese human rights activist Chen Guangcheng urged the US on Thursday to "try harder" to promote the rule of law in China. Speaking at the CFR - Council on Foreign Relations, Chen informed the audience that the rule of law in China is still weak and that much has to be done to establish equal rights for everyone. Chen claimed that governmental officials are corrupt and engage in illegal activities that ignores citizens' basic human rights. He noted that international law is one of the tools to bring the state of law in China to a level that respects the "basic" human rights of its citizens.

Chen hopeful on Chinese democracy

Activist Chen Guangcheng, in his first major US public appearance, says democratic change in China is slow but irreversible.

Law Firm Marketing

Hot prospects turn cold, build defenses when you look like a salesperson: Here's a Checklist of Do's and Don'ts

by Trey Ryder

If you talk or act like a salesperson, you immediately trigger your prospect's sales defenses, which he uses to keep you at a distance This puts you at a serious disadvantage because it causes your prospect not to trust you. And it may erase your opportunity to ever win that prospect as a new client.

One fundamental difference between education-based marketing and selling-based marketing is the issue of control. Selling-based marketing tries to wrest control away from the prospect. Then, through key questions, the salesperson dominates and manipulates the prospect until the prospect makes the desired commitment.

Education-based marketing does the opposite. It gives up any attempt to control the prospect. Instead, you help your prospect understand his problem through education and solve his problem through services. You always make sure your prospect knows that the decision to hire you is his -- and that he is always in control. Education-based marketing treats prospects the way you and I like to be treated, with dignity and respect.

Follow this checklist of Do's and Don'ts so you won't be perceived as a salesperson.

DON'T #1: Don't cold call prospects over the telephone. This is a dead giveaway that you are a salesperson. What do you think of people who solicit you over the phone? The fact that you're a lawyer doesn't make you any less of a telephone solicitor if you cold call prospects.

DO: Design your marketing program so you clearly identify genuine prospects and get them to contact you. You do this by creating an educational message that educates prospects about their problems and the solutions you can provide. You deliver your marketing information to prospects through any number of methods, including advertising, media publicity, seminars, newsletters, web sites, CDs, DVDs -- whatever ways your prospects find comfortable and convenient. You have many effective and powerful ways to get information into your prospects' hands.

DON'T #2: Don't hand a new prospect your business card unless he asks for one. The cross-over technique of shaking hands with your right hand and delivering a business card with your left hand is a sure sign that you are a salesperson. From that moment on, your prospect knows that everything you say is part of your sales pitch, designed to get him to do something he probably doesn't want to do.

DO: If, during your conversation, your prospect doesn't request your card, you can always ask if he would like one. (This leaves the decision to accept your card under your prospect's control.) But never hand your card to a prospect unsolicited. Wait until he asks, or until he has given his permission in response to your offer to provide one.

DON'T #3: Don't insist on an in-person meeting before you divulge any information. The good ol' "let's get together so we can discuss your needs" tells your prospect a sales pitch is imminent. The needs approach is used so often that prospects know you learned it in sales school. When you withhold information and insist on a meeting, your prospect recalls the last time he had this experience with his life insurance agent, real estate broker, or someone else who insisted on meeting face to face. As a result, when you make this offer, you arouse your prospect's suspicion. This causes him to fortify his defenses and look for an excuse to cancel the meeting.

DO: You should be ready and willing to provide information any time you are asked, whether over the phone or in person. You greatly increase your credibility when you are open and up front with information. In fact, you should offer your educational handouts so prospects know you have materials that could help them. When prospects realize that you're not trying to hide anything -- and not trying to control the flow of information -- they perceive you to be a level above other lawyers. And your prospect responds favorably because he can tell you are trying to help him.

DON'T #4: Don't avoid revealing your fees. How you respond to the fee question can really help you or hurt you. It's your choice. Prospects ask fee questions for two reasons: One, to find out what you charge. And two, to see whether you'll be up front with them, or whether you'll try to duck the issue.

Prospects know that vacuum cleaner salesmen (and most salespeople, for that matter) dance around the price and won't reveal it until they reach a certain point near the end of their sales pitch. Your prospect concludes the more you dance around your hourly rate, the higher it will be. Plus it proves to him that, at least in this instance, you have not been forthcoming in answering his questions.

DO: Your prospect wants you to answer his question with a number. So give him your typical hourly rate. This satisfies your prospect's immediate need to hear you put some number in the blank. Then reassure him that you will give him a fee estimate, range or quote as soon as you learn more about the services he needs. This makes a positive impression twice, once when you disclose your hourly rate, and a second time when you tell him you'll provide a better answer when you learn more.

DON'T #5: Don't ask questions designed to trap your prospect. In one of his books, Zig Ziglar teaches the 3-question close. I suppose Ziglar would describe it delicately something like this: By asking just three simple questions you are able to show your prospect how much he will benefit from buying your product or service.

As someone who is tired of salespeople and phone solicitors, I hear it more in a carnival barker's voice: "Yes, my friend, you heard right. In just 30 seconds, by asking three simple questions, you can turn an innocent conversation into a steel-jawed trap that nails your prospect to the wall so he has nowhere to go and nothing to do but sign your contract and give you money."

What is the result of using this method? To start, you trapped your prospect, so you immediately jump to the top of the list of people he doesn't trust. Do I have to go further? Do you like it when someone does this to you? Of course not.

DO: A persuasive marketing presentation offers all the facts and all the ways your prospect benefits from hiring you. Then it emphasizes that you will do whatever it takes to make sure your prospect has the information he needs to make an informed decision. You add urgency to the message by pointing out what your prospect risks by waiting and how bad those consequences could become. But you always make it clear to your prospect that the decision is his and his alone -- and that you're there to provide information, answer questions, and help him make the best decision, to whatever degree he wants your help.

DON'T #6: Don't sell services from a trade show booth Lawyers already have enough problems with their image. The last thing you need is to look like the guy hawking his vegetable slicer/dicer/cuber/chopper/corer/shredder/peeler. And even if you don't perceive a trade show that way -- even if you rationalize your way out of this comparison -- remember that your perception doesn't count. The only perception that matters is your prospect's. And when your prospect sees you standing in a trade show booth, he immediately assumes you are there because you have something to sell. That's exactly the appearance you want to avoid.

DO: Trade shows often work because they provide the opportunity for you and your prospects to interact, which is the essential marketing step most lawyers overlook. Fortunately, you can design interaction into your marketing program in better and more dignified ways: For example, you can interact with prospects over the telephone, in person, at seminars, during lunch, even on the golf course.

In most cases, when you act and sound like a salesperson, your prospects treat you like a salesperson. They avoid you. They don't trust you. They don't even want to talk with you. This is why I urge lawyers to avoid selling-based marketing.

To increase your prospect's trust, respect and confidence, stay in the education mode because education-based marketing is the key to attracting new clients with dignity.


© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to Trey@TreyRyder.com. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.


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  • Historia Verdadera


En Colombia, la firma italiana Prada acude al Consejo de Estado para sacar del mercado la marca Praga, que podría considerarse una marca 'homónima'. (Presione aquí)


La Justicia argentina aprobó la venta de la cadena Eki al grupo Carrefour. Después de más de seis meses de conflicto, la jueza Margarita Braga, que tiene a su cargo el concurso de Eki, autorizó la oferta que presentó Carrefour para hacerse cargo de más de 120 locales y 2300 empleados. (Presione aquí)


Telefónica sacará a bolsa su negocio de Latinoamérica y Alemania para reducir su nivel de deuda, que ahora está en el 2,55% y situarlo en el 2,35%, que es su compromiso con los inversores, así lo aprobó el consejo de administración de la firma. (Presione aquí)

  • Brief News

FDA goes to court to secure drugs for lethal injections

The US Food and Drug Administration is going to court to secure supplies of a drug used in lethal injections. Sodium thiopental is used in many states to anaesthetize prisoners before the administration of other chemicals that extinguish life. However supplies have dwindled in the US after a judge banned its importation in March. Under pressure from many of the 33 states that use the lethal injection method, the FDA is appealing that ruling. Experts say it is likely to take a couple of months to resolve. And either side could then appeal to the Supreme Court which may take a year to come to a decision.

EU Commission refers Germany to ECJ over data retention

The European Commission on Thursday referred Germany to the ECJ - European Court of Justice for not complying with the EU Data Retention Directive. The Commission is asking the court to impose fines on Germany for breach of EU law in the amount of 315,036.54 euros (USD $390,771.32). In 2010, the German Constitutional Court annulled certain provisions of the Telecommunication Surveillance Law that would have required telecommunications providers to store information on telephone calls, e-mails and Internet use for six months for use in possible terrorism investigations. The court ruled that the law would unreasonably interfere with individuals' privacy rights and lacked the control to ensure that information obtained would be used securely and properly. Despite the ruling, Germany did not implement any new legislation placing the country into compliance with the directive.

Court rules for tobacco company on 'light' cigarettes

The Minnesota Supreme Court on Wednesday issued a summary judgment in favor of Philip Morris, Inc., finding that the plaintiffs were barred from recovery due to a settlement in a state lawsuit from 1998. The plaintiffs sued Philip Morris in 2001 for using false and misleading labeling on their Marlboro "light" cigarettes alleging that "light" cigarettes are not, in fact, safer. A similar lawsuit was filed by the state in 1998 but settled outside of court. As part of the settlement, the state agreed to "release and forever discharge Philip Morris from any and all claims asserted in the State lawsuit," including all claims associated with the labeling of "light" cigarettes. In its decision, the court ruled that the plaintiffs, as citizens of the state, were precluded from suing on this issue again. A dissenting judge argued the case should move forward because the deceptive labeling has continued after the 1998 settlement.

Monsignor coverup case heads to jurors

A Catholic monsignor was the "point man" for carrying out a plan by the Archdiocese of Philadelphia to keep in ministry priests accused of sexually abusing children and to keep the public in the dark, a prosecutor said. The monsignor is charged with two counts of endangering the welfare of children and with conspiracy with another priest to endanger the welfare of children; he pleaded not guilty. Msgr. Lynn isn't accused of sexual abuse. He faces up to 21 years in prison if convicted on all charges.

Mistrial declared in Edwards case

A jury in Greensboro, N.C. has found John Edwards not guilty on one count and the judge has declared a mistrial on the other five charges of campaign corruption. Prosecutors must now decide whether to retry Edwards on the other five charges.

Venezuela bans private gun ownership

Venezuela has brought a new gun law into effect which bans the commercial sale of firearms and ammunition. Under the new law, only the army, police and certain groups like security companies will be able to buy arms from the state-owned weapons manufacturer and importer. The ban is the latest attempt by the government to improve security and cut crime ahead of elections in October.

Italy high court upholds ruling for Germany on Nazi compensation

The Italian Supreme Court on Wednesday upheld an ICJ - International Court of Justice ruling that Germany does not have to compensate Italian victims of Nazi war crimes. The ICJ ruled in favor of Germany in February. Germany had argued that Italy failed to respect Germany's jurisdictional immunity by (1) allowing civil claims against Germany to be brought in Italian courts; (2) taking "measure of constraint" of German property located in Italy that was used for non-commercial governmental purposes; and (3) declaring judgments against Germany obtained in Greek courts to be enforceable in Italian courts. Wednesday's ruling will effectively nullify a previous judgment that required Germany to compensate the Italian victims of Nazi war crimes.

Weakening Brazil economy raises doubts about credit-led growth

Brazil's consumer-led growth model, a magnet for investment over the past decade, is showing signs of fatigue as industry falters and the economy struggles to rebound from last year's slowdown. Instead of trying to stimulate demand with further credit measures, policy makers should focus on removing long-standing bottlenecks to faster growth, such as high taxes, red tape and poor infrastructure, said Arminio Fraga, a former central bank president and chairman of the BM&F Bovespa exchange.

Defense Of Marriage Act is unconstitutional, court rules

A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the US Supreme Court.

New York appeals court rules falsely calling someone 'gay' not slander

An appellate division of the New York State Supreme Court on Thursday dismissed a lawsuit filed by a man seeking to recover damages because of a false rumor that he was gay. The court noted that because the man did not assert specific harm, the false statements must amount to "'slander per se'—those categories of statements that are ... injurious by their nature, and so noxious that the law presumes that pecuniary damages will result." The court acknowledged that while falsely calling someone gay may have fallen into this category in the past, a "tremendous social evolution" has greatly reduced the stigma associated with homosexuality. The court's decision does not bar recovery for plaintiffs who can demonstrate that specific harm occurred due to a false assertion of homosexuality.

Egypt state-of-emergency law expires

Egypt's state-of-emergency will come to an end on Thursday when a two-year extension on a law authorizing broad government powers of arrest and detention expires. Individuals who have already been sentenced or detained under the less-restrictive requirements of the emergency law will not be released, and trials in ESSC - Egypt's Emergency State Security Court are permitted to continue. On Wednesday, HRW - Human Rights Watch called on the Egyptian parliament to pass laws ameliorating the effects of the state-of-emergency.

  • Daily Press Review

Rwanda 'training rebels to fight Congo army'
Al Jazeera, Doha, Qatar

Iran's Guard commander visits disputed islands
Asharq Al-Awsat, Pan-Arab daily, London, England

28 dead in Yemen fighting with Qaeda
Egyptian Gazette, English-language, Cairo, Egypt

Report: Iran unveils self-made satellite navigation system
Haaretz, Liberal daily, Tel Aviv, Israel

US condemns reported Russian arms ship to Syria
JPost, Conservative, Jerusalem, Israel

NHS 'too quick to resuscitate'
BBC News, Centrist newscaster, London, England

Baghdad attacks leave at least 14 dead
CNN International, London, England

Suu Kyi urges 'healthy scepticism'
Daily Express, Conservative tabloid, London, England

NY ban fizzy drinks: Mayor Michael Bloomberg plans to defends ban soft drinks and soda
Daily Mail, Conservative daily, London, England

Justin Bieber suffers concussion after hitting his head backstage in Paris
Daily Mail, Conservative daily, London, England

80 arrests during illegal Moscow rally
EuroNews, International news, Ecully Cedex, France

COLOMBIA: Freed FRANCE 24 journalist Langlois coming home
France 24, Issy-les-Moulineaux, France

The religious especially are against abortion
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

John Edwards walks free: judge rules mistrial in case of the ex-senator's sex scandal
Independent The, London, England

Shops, companies fighting alcohol and tobacco bans
Moscow News The, Independent, Moscow, Russia

Operations to be cancelled as doctors vote for industrial action on June 21
Telegraph The, Conservative daily, London, England

Pixie Geldof unveils her Topshop edit
Telegraph The, Celebrity news, London, England

SET drops 12.39 points midday
Bangkok Post, Independent, Bangkok, Thailand

Consensus built on dual-system, 2-stage gains tax
China Post, English-language daily, Taipei, Taiwan

Korea Spectrum: Hanbok Festival
Chosun Ilbo, Conservative daily, Seoul, South Korea

AP 'napalm girl' photo from Vietnam war turns 40
Hindustan Times, New Delhi, India

Three die as tempo overturns in Kanpur
India Times, Conservative daily, New Delhi, India

Coaching carousel back in full swing for summer
Japan Times, Independent centrist, Tokyo, Japan

Syria massacre: Is this the turning point?
New Zealand Herald, Conservative daily, Auckland, New Zealand

ASEAN leaders reaffirm commitment to common market by 2015
People's Daily Online, English-language, Beijing, China

Sheep rain down on cars in Australia
Straits Times, Pro-government, Singapore

Home prices in national dive
Sydney Morning Herald, Centrist daily, Sydney, Australia

China, Japan start direct currency trading
Taiwan News, English-language daily, Taipei, Taiwan

Rajat Gupta secretly served Rajaratnam's hedge fund: Prosecution
The Economic Times, Business, Mumbai, India

Mistrial declared in John Edwards case
Canadian Broadcasting Centre, Toronto, Ontario

Mexico's Prince Charming poised to take PRI back to power in July 1 vote
Globe and Mail The, Centrist daily, Toronto, Canada

Global Markets Overview
International Business Times, Business news organization, New York, U.S

MLK Centre: Building Social Networks in Cuba for 25 Years
IPS Latin America, International cooperative of journalists, Rome, Italy

Weak China PMI exacerbates bearish sentiment for shares, euro
Reuters, Business News, New York, U.S

Gaza gunman kills Israeli on border - security source
Reuters, World News, New York, U.S

The man Julian Fantino said was dead is alive and waiting for his apology
Toronto Star, Toronto, Ontario

Egypt's state of emergency ends
BBC News, Centrist newscaster, London, England


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