Who will retain you? How good are you at predicting which initial consultation is going to turn into a client?
Thinking you’re good at predicting retainers may cost you more than you gain. It could be that making predictions is costing you money.
Quiz Time
Let’s figure out if you’re good at predicting which of your initial consultations will turn into clients and which will become faint and distant memories.
Imagine that you met with three prospective family law clients today:
- First, there was the woman with some kind of mental illness. She has been in and out of hospitals. Something is off—way off. You’re no doctor, but you know when things aren’t right, and they were definitely not right with this woman. She told her story, and you took notes, but the whole time you’re thinking, “There’s no way this woman is going to hire me.” You’re not even sure you want her to hire you. She’s been wronged by her spouse, but you’re still not sure she’s a good fit for your firm.
- Second, there was a nice guy. He has a good job, reasonable assets, and minimal debt. He has a couple of kids, and he’s grown apart from his wife. He’s a perfect client. He’s ready to move forward, he has the funds required to hire you, and you liked him.
- Third, there was a woman you liked and wanted to help, but she has no money. In fact, she has less than no money because of the family debt. You probed, dug around, and explored, and there just isn’t any money to pay you a fee. Her savings are depleted, her 401(k) is borrowed against, her life insurance was cashed in for its value, and they rent instead of owning a home. Even the credit cards are maxed out. There’s nothing.
Which one is going to hire you? They all left with information, and they’re thinking about their next steps.
Of course, you’re predicting number two. He’s most likely to come through. He’s the client you probably want, and he’s the obvious choice. You know you connected during the consult, and you’re pretty confident that he’s about to retain.
The Results
Let’s see what happens.
Time passes.
You don’t call the mentally ill woman after the consult to check in. You don’t want to follow up. You’re afraid she’ll call you and want to retain, so you just wait to see what happens.
You check in with Mr. Perfect Client. He liked you, he says, but he hired someone else. He was referred to the other lawyer by a friend he trusts, and he decided to work with that lawyer after his meeting. You wish him luck.
“Crap,” you’re thinking. Three consults, and I’ve got nothing except the consultation fees (you’re charging, right?). This is not at all what you wanted.
You’re discouraged, and now you’re losing a bit of your confidence.
More time passes.
Two weeks later, the third woman—the one with no money—calls, and she’s ready to go. Someone in her church is going to pay the fee, and she’s ready to roll. You set an appointment, she comes in, and you get to work. She may not have any money, but she has lots of problems you can help solve.
Life is good. You’re feeling better now.
It gets better.
The next thing you know, you get a call from the mentally ill woman. It’s a crazy call, of course. She’s found the funds to move forward—her crazy aunt gave her the money (runs in the family, right?). Now you’ll have to decide what to do. Will you work with her? That’ll be up to you.
Two months pass, and guess what?
The guy who hired the other firm calls you back. He’s ready to switch. Those other guys aren’t returning his calls, he’s being treated like a number, and he’s not happy. He “knew he should have hired you,” and he’s dropping by with a check.
Boom, you’re three for three. That won’t always happen, but it certainly happens sometimes. Circumstances can come together to bring you together with a variety of types and kinds of clients.
The Takeaway
The message today is this: avoid predicting who’s going to hire you. Don’t bias yourself. Keep doing your follow up with everyone. Keep assuming the sale. Keep planning for the client to hire you regardless of his or her circumstances.
I regularly meet lawyers who write off perfectly good prospects because the lawyer decided that they aren’t going to move forward. Lawyers discount these folks before the prospects have a chance to make a decision. It’s some kind of anticipatory rejection. Don’t do it.
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Don’t decide that she can’t afford you, that she’s going to reconcile, that she’s not serious, or that she’s going to hire someone else. You don’t know what’s going to happen, and you need to keep your head in the game throughout the sales cycle. Don’t let yourself talk yourself out of the sale. You aren’t good at predicting, and there’s no reason many of these folks won’t hire you if you give them the chance.
Here’s the big picture:
- The prospective client has a problem.
- You’re in the business of solving that specific problem.
- The prospective client picked you and came to meet you so you can solve the problem.
- The prospect is ready to move forward, or he or she wouldn’t be in your office.
- You’re ready, willing, and able to help.
Why wouldn’t the prospect hire you? It’s a perfect storm.
Get out of the way and let it happen.
Don’t talk yourself out of the sale. Don’t rationalize the fact that prospective clients haven’t hired you yet. Don’t explain the situation to yourself so you don’t have to feel bad for them rejecting you.
Don’t predict; just assume they’re going to hire you and let it happen. Get out of your own way.
That’s not what the lawyers in my firm do. In fact, many of our lawyers do the exact opposite.
At the end of every consultation, our lawyers think through the likelihood of the prospective client moving forward with us. Why do they ask themselves these questions and spend time answering them for themselves? I don’t know. It’s a waste of their time, and it sets them back.
Predicting is an effort that has no payoff. We’re not good predictors, and it doesn’t serve us to assume the client won’t hire us. There’s no upside to making a decision in advance about what’s going to happen. We can decide later—when the client is ready to pay—whether to accept the client. There’s always a chance to say no to the money if we choose.
There’s no reason to mentally reject clients before they’re ready to hire you. Just assume everyone is coming back. Assume everyone is going to pay you to move forward. Don’t discount that possibility for anyone. It doesn’t help you to decide—before they’ve decided—that they’re not the client for you. Stay positive, assume they’re coming back, and don’t waste your time thinking otherwise.
