February 2, 2007 no. 450 - Vol. 5

"Politicians should read science fiction, not westerns and detective stories."

Arthur C. Clarke

In Law Firm Marketing today: 5 key principles to law firm marketing success.

  • Top News

Legislature Grants Chávez Broad New Powers

Critics of Chávez said granting him special powers moved Venezuela closer to authoritarianism. The president of the National Assembly said the measure was "an instrument of the people and for the people." It will allow Chávez to enact laws without submitting his ideas to the legislature for debate and a vote. The measure, which has been called a "law of revolutionary laws" in Venezuela, is expected to increase tension between Venezuela and governments elsewhere in the Americas. Legislators specified 11 areas in his enhanced power, including public safety, territorial arrangement, energy and national security.

Chavez sets May oil takeover date

Venezuela's president has said he will nationalize a series of oil projects in the Orinoco river belt within months. Chavez was speaking as he signed a law granting him the authority to rule by decree for the next 18 months. Chavez said the government the operations, run with five international oil firms, would be state-owned by the beginning of May. The decision affects the oil firms Chevron, Exxon Mobil, Conoco Phillips, Statoil and BP. Energy Minister Rafael Ramirez said that the government would seize the operations if no agreement was reached.

Better Security for Judges

The need for strong security measures for judges should be self-evident. Since the Sept. 11 attacks, federal judges have played a very visible role in the trials of suspected terrorists. Many of the most serious threats they face, though, are domestic. The Court Security and Improvement Act of 2007 includes new criminal penalties for misusing personal information to threaten serious harm to judges or their families, and increased sanctions for retaliating against witnesses. It allocates more resources to the United States marshals, who are charged with protecting federal judges. And it requires the marshals' director to consult with the Judicial Conference of the United States so judges have a greater voice in their own security.

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  • Law Firm Marketing

Five things you must accomplish for marketing success

1. You must establish your CREDIBILITY by providing information and advice -- and avoiding any effort to promote your services. Credibility is key. We don't do business with people or companies we don't trust.

You increase your credibility when you explain things in plain English -- focus on your prospect's problem -- offer solutions your prospect understands -- relate past experiences with other clients in similar situations -- offer testimonials from former clients -- offer letters of recommendation from colleagues and referral sources -- discuss your background and qualifications -- answer questions -- provide copies of newspaper articles in which you were featured or quoted -- and avoid doing anything that makes you look like a salesperson.

Look at credibility from your own point of view. When you are thinking about hiring a professional, what do you look for? What can this professional do, say or give you that will greatly increase your level of trust? When you identify the key factors that you find persuasive, adapt those elements to your presentation so you receive the same benefit.

2. You must spell out important DIFFERENCES between you and competing lawyers. Prospects will hire you only if they believe you are different from other lawyers. The difference may be in your: Knowledge. Skill. Judgment. Experience. Accessibility. Responsiveness. Reputation. Results. Self confidence. Office location. Or any number of other criteria.

First, identify the advantages you offer that your prospect thinks are important. Then emphasize those advantages and tell your prospect the many ways he benefits when he hires your services. Even if your prospect focuses on something as seemingly superficial as the location of your office, if that's important to him, emphasize how much time he will save every time he meets with you.

Ideally, you want prospects to hire you because of your unique combination of knowledge, skill, judgment and experience -- because no one on Earth has had exactly the same experiences as you. Still, if the choice comes down to a convenient office location, that is a competitive difference you should emphasize.

3. You must bring about an INTERACTION with your prospective client so you can begin a meaning­ful dialogue. Prospects may attribute to you the highest level of trust. They may fully understand the important ways you differ from other lawyers. BUT... until your prospect and you interact, you'll never do business.

The interaction can be a phone call, e-mail, casual conversation at a party, discussion after a seminar, office consultation, breakfast networking meeting -- whatever. The fact remains, a new client cannot hire your services until the two of you interact. This is the key marketing step most lawyers overlook. And it's critical to the process!

Create opportunities for prospects to interact with you. Then invite their interaction in all of your marketing documents and on your web site. Every way you communicate with prospects should include the invitation to contact you.

4. You must gain your prospect’s COMMITMENT to begin work, when your prospect hires your services. Invite prospects to make small commitments of their time and energy, such as requesting your educational materials, attending your seminar, reading your monthly newsletter and visiting your web site. The more time and energy your prospect invests in you and your knowledge, the higher your level of trust. As you near the time when your prospect might hire you, help your prospect view hiring you not as a big deal, but simply as the next logical step in the process.

5. You must maintain your client’s LOYALTY by continuing to offer information and advice so he grows to depend more and more on your knowledge. You want to be your client's lawyer of first resort. If you are the first lawyer he calls -- whether for all legal matters or just those in your practice area -- you have the first opportunity to provide services, refer him to another lawyer in your firm, or refer him to an outside attorney.

Client loyalty is the result of value delivered over time. Value is what your client receives from you that he believes is important.

When delivering legal services, your client measures your value in many ways, including the competency you bring to the table, the speed with which you respond, the result you achieve, and the fee you charge.

When between projects, your client measures your value in the newsletter he receives, the web site you sponsor, the seminars you present, the access he has to you when needed, your willingness to respond quickly to his calls, and so forth.

The more often you provide value, such as your newsletter, the higher your client’s loyalty. I used to recommend that you send your newsletter quarterly. Now, I suggest at least monthly.

If you follow my Lawyer Marketing Alerts, you know that I communicate with all lawyers on my e-mail list weekly. If you educate everyone on your mailing list and remain their primary source of information and advice, client loyalty will soar, resulting in more new clients and referrals.

© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. 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

Papeleras

Los bloqueos se agudizan en la frontera argentina-uruguaya, en tanto el delegado del Rey de España, el embajador Juan Yáñez, aun no logró poner frente a frente a Tabaré Vásquez y Néstor Kirchner para solucionar el conflicto generado por las Papeleras. Este fin semana estará en Uruguay.

Poder absoluto

Mientras el presidente George Bush dice estar preocupado por el debilitamiento de la democracia venezolana, su similar Hugo Chávez ya tiene “ilimitados poderes” para legislar por 18 meses solo por Decreto tras que el Congreso en sesión pública le diera luz verde. Hasta julio o agosto de 2008 Chávez podrá emitir leyes sin el visto bueno del Legislativo.

Líneas Aéreas

La compañía aérea chilena LAN le otorgó un crédito por 17, 1 millones de dólares a la Nueva Varig hecho que le abre la posibilidad de ser socia de la empresa brasileña. El préstamo, otorgado el 26 de septiembre pasado, posee la característica de que puede ser convertido en acciones.

Gastos reservados

La Corte Suprema de Chile asume acciones en el caso de las denuncias sobre presuntas irregularidades en el uso de los gastos resevados, y designó a la ministra de la Corte de Apelaciones de Santiago, Amanda Valdovinos para indagar sobre el tema.

Reformas paralelas

Las reformas a la Ley de Medios de Comunicación de México está paralizada en Diputados en tanto la Corte Suprema de la Nación (CSN) no se pronuncie sobre su inconstitucionalidad, la demanda fue interpuesta por 47 seandores en la legislatura pasada.

Caso Fujimori

Las autoridades judiciales de Perú la próxima semana enviarán todos los antecedentes delictivos del ex presidente Alberto Fujimori a sus colegas de Chile, la intención es agilizar la extradicción del ex mandatario procesado por delitos cometidos en su gobierno.

  • Brief News

US Senate backs minimum wage rise

The US Senate has voted to raise the minimum wage by $2.10 per hour to $7.25 from its current level of $5.15. The increase - the first one in a decade - was supported in a 93-4 vote in the Democratic-held Senate. Lawmakers also voted to provide tax cuts of $8.3bn for small businesses to ease impact of the wage hike.

Brazil: freedom of the press

Despite all sorts of threats and censorship of media outlets and new websites, other obstacles, and the continuance of the 1967 press law inherited from the military dictatorship that allows imprisonment for media offences, the federal government promised to respect freedom of expression. Lula signed the Inter American Press Association’s Declaration of Chapultepec on press freedom on May 3. He vetoed on July 27 a proposed law to regulate journalism by requiring journalists to have a diploma and belong to a journalism institute. The issue has divided the country’s media and the two highest federal courts disagree on the diploma requirement. The High Court on November 8 voted for it and the Federal Supreme Court, which is above it, unanimously rejected it two weeks later.

Marathon swimmer takes on Amazon

A swimmer who has tackled the Yangtze, Mississippi and Danube is starting a bid to become the first person to swim the entire length of the Amazon. Martin Strel, known as the "fish man", plans to swim the nearly 5,400km (3,375 miles) from Peru to Brazil, despite the dangers lurking beneath. There are many potential pitfalls: poisonous freshwater stingrays, bull sharks, piranhas, anacondas, rapids, whirlpools, and the possibility of tidal waves.

Here is the US news from Bangalore

In a windowless office in central Bangalore, dozens of employees are arriving to work on the night shift. They are journalists employed by the world's biggest news agency, Reuters. Their job is to cover US financial news. And they are working overnight so that they can report company news live as it happens on the New York Stock Exchange - from India. But why in the world is Reuters covering Wall Street from Bangalore? In a word: salaries.

Dow Jones closes at record high

The Dow Jones Industrial Average index closed at a record high after strong earnings and investor confidence that interest rates are stable. The Dow closed 51.99 points up at 12,673.68, after earlier hitting a new intra-day record of 12,682.57.

Apple, Cisco to Resume Talks Over IPhone Name

Apple and Cisco Systems are apparently suspending their court battle over the iPhone to return to the negotiating table. Although Cisco's lawsuit against Apple remains pending, the companies have agreed to extend the time Apple has to respond so that the parties can discuss trademark rights and interoperability,

Fleeing the Past

Each time a broker, trader or investment banker leaves a firm, the employer has to file a so-called U5 form to the NASD that explains the reasons for the departure. That information is reviewed by the NASD's enforcement department and is put into a database that prospective employers can peruse to check brokers' backgrounds, to see, for example, if they have been fired for cheating clients. The U5 forms aren't available to the public, but sometimes information from them, including customer complaints, ends up in another database that is publicly accessible. Yet it is very difficult for employees to challenge what is on the form once it is submitted, especially in New York, the heart of the country's financial community. In several other states, court rulings protect firms from defamation lawsuits only if they didn't knowingly or recklessly file something false on the form -- known as "qualified privilege." In New York, some courts have ruled that information on U5 forms is completely immune to libel claims via an "absolute privilege." This month, the New York Court of Appeals, the state's top court, will hear arguments on whether those rulings should be overturned to make it easier for brokers to dispute what employers say about them. Brokerage firms argue the information on a U5 form should receive absolute protection because it allows them to provide an unvarnished account of an employee's departure without fear of a lawsuit. The Securities Industry and Financial Markets Association, Wall Street's lobby group, says without such protection, firms "will be inclined to understate the reasons for an employee's termination." Some employees say firms knowingly put false information on the form, either to derail the career of a potential competitor or to deflect attention during an investigation. "Certain firms are absolutely ethical and won't use the U5 as a negotiating ploy," says David Wechsler, a lawyer specializing in employment cases. But others use the form to "hold employees hostage," Mr. Wechsler said.

Plaintiff Says He Conspired With Milberg

A Connecticut man agreed to plead guilty to conspiring with the law firm Milberg Weiss & Bershad LLP and several of its partners to obstruct justice and make false statements in class action lawsuits it handled. Under the agreement filed in federal court in Los Angeles, Steven G. Cooperman, 64 years old, will admit he received payments from Milberg Weiss to serve as lead plaintiff in numerous class actions filed on behalf of shareholders against publicly traded companies. In May, the firm -- with principal offices in New York and an office in Los Angeles -- was indicted on fraud charges for allegedly paying illegal kickbacks to lead plaintiffs in class-action lawsuits. Representatives of the firm have denied wrongdoing.

  • Daily Press Review

Africa

Kibaki denies betraying leaders as Raila dares him to swear
East African Standard, Liberal daily of Nairobi, Kenya

Suspected paedophile re-arrested. Police accuses judge of wrongful acquittal, seeks fresh trial.
Ghanaian Chronicle, Independent, published in Accra, Ghana

SUDAN: Conscription of children, sexual abuse unabated in Darfur - UN envoy
Integrated Regional Information Networks (United Nations), Nairobi, Kenya

Thabo Mbeki's new age of denial?
Mail and Guardian, Liberal daily of Johannesburg, South Africa

Hamba kahle, mama
The Sowetan, Liberal daily of Johannesburg, South Africa

Americas

Region’s food security being threatened
Barbados Advocate, Independent daily of St Michael, Barbados

Paris Club to get its money
Buenos Aires Herald, Liberal daily of Buenos Aires, Argentina

We'll hang 'em JLP vows to carry out death penalty
Jamaica Gleaner, Centrist daily of Kingston, Jamaica

Mexico sends drug kingpins to US
The Guadalajara Colony Reporter, Independent weekly of Guadalajara, Mexico

Asia Pacific

Debris from China satellite 'threatens ISS'/Missile test seen putting station at risk
Daily Yomiuri, Conservative daily of Tokyo, Japan

Chinese president arrives in Khartoum for state visit
People's Daily Online, Pro-government daily of Beijing, China

Minister sorry for train shame
The Sydney Morning Herald, Centrist daily of Sydney, Australia

House Supports Indosat Buy-Back
Tempo, Independent weekly of Jakarta, Indonesia

Govt Forms 3-member Team for Talks with Agitating Groups
The Himalayan Times, Independent daily of Kathmandu, Nepal

Taytay raid kills 'bomber,' nabs 3
The Manila Times, Pro-government daily of Manila, Philippines

Europe

Iran Causing Tensions in EU-US Relations
Deutsche Welle, International broadcaster of Cologne, Germany

Arab League secretary general to visit Moscow
Interfax, Government-owned news agency, Moscow, Russia

Rape case collapses over DNA match with twin
Irish Examiner, Centrist daily of Cork, Ireland

Putin Warms to Idea of a Gas OPEC
The Moscow Times, Independent, English-language daily of Moscow, Russia

Putin plays it coy over a successor
The Scotsman, Centrist daily of Edinburgh, Scotland

Terror hitlist names soldiers
The Times, Conservative daily of London, England

Iraq solves self-imposed crisis by reverting to previous conditions
Turkish Daily News, Independent daily of Istanbul, Turkey

Middle East

A fragile truce
Al-Ahram Weekly, Semi-official, English-language weekly of Cairo, Egypt

Naif: Kingdom Keen on Palestinian Unity
Arab News, Pro-government, English-language daily of Jidda, Saudi Arabia

Iranian Weapons Experts Arrested in Gaza
Arutz Sheva, Pro-settler publication of Israel

Chirac retracts Iran remark
Gulf News, Independent daily of Dubai, United Arab Emirates

Hamas kills 2 Fatah men as Gaza clashes resume
Ha`aretz, Liberal daily of Tel Aviv, Israel

Azerbaijan FM stresses expansion of ties with Iran
Islamic Republic News Agency, Government-owned news agency of Tehran, Iran

PA security forces arrest 7 Iranian arms experts in Gaza
The Jerusalem Post, Conservative daily of Jerusalem, Israel

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The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.

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