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By: Ben Glass, Esq.

Craig Proctor is a very successful residential real estate agent turned marketing guru in Canada. He latched on to the power of direct response marketing, differentiating himself and his processes from the rest of his market (he did not want to be sitting in open houses all day Saturday and Sunday, hoping that people would drop by) and being willing to say “no” to anyone who didn’t want to play by his rules.

When times are good in real estate, more agents come out of the woodwork to join the crowd and home sellers become much more demanding and aggressive, often insisting that agents come out and do a dog and pony pitch for their business.

Craig always resisted this because it didn’t suit what he wanted his business, and, more importantly, his life.

Craig was one of the inspirations for what was for us at the time one of the most expensive pieces of marketing we had ever created, The Truth About Lawyer Advertising book. (We are in the process of revising and updating the book and at the end of this report I’ll also give you a look over my shoulder at something similar but shorter that we are going to produce next.)

This piece was and remains controversial. Our new piece that I’m showing you will also be controversial. You might not like it.

It has worked magnificently for us. Our potential clients tell us that they like the “exposure” we give to typical say nothing lawyer advertising.

Whether you like it or not it is important to understand the philosophy of the message we are sending.

1. Originally, we were mainly making fun of the ads in the Yellow Pages, thus the “look and feel of the original cover. At the time we first published the book there was no consumer guide to finding a lawyer that also took on lawyer advertising. There was plenty of tort reform materials about lawyer ads, but we the first lawyers to publish the material.

Being first at something can go a long way.

2. Even though I had not fully articulated the philosophy at the time, this was all about seeing the world through the consumer’s eyes. What do they see/hear when they embark on the journey of finding an attorney?

3. This list came from years of talking to clients who had been represented by other lawyers who were screwing their case up. (We no longer handle any case that has been handled by another lawyer. Our lead flow is such that we don’t need to take on the risk, even if the potential client would be really well-served by our work. In those early years I ended up with one bar complaint and one lawsuit against me after I had, feeling sorry for a potential client, stepped in to try and rescue them. Both the bar complaint and the lawsuit went away on summary disposition but those experiences were the foundation for one of my “rules:” we don’t handle your case if its already been handled by another lawyer.)

4. In 2012 we changed up the cover. I think I had just come back from a Dan Kennedy event where he talked about the importance of really standing for something and being bold(er) with your marketing. I sat down with Kia Arian and together we scratched out the most outrageous images and “ads” that we could think of. Later, Dan Kennedy actually showed the “We Do Wills” image in a newsletter. I’m not sure if he knew we were joking or not!

5. We then developed the system that any consumer could use. Of course, if you use all parts of the system (ask for info package, visit Avvo.com, check Board Certification, etc) then you ended up with us. At that time no one else was using an information package. Even today, the only lawyers in my market area using it are Great Legal Marketing members (and some former members.)

6. Anytime you can use something real in your marketing to make a point, do it. In our ERISA practice there are plenty of judicial opinions that talk about how people who try to do their cases without a lawyer are going to get screwed. It wasn’t hard, and still isn’t, to find articles/disciplinary opinions of lawyers getting in trouble because of their advertising. That’s all fair game. We even heard from some of the lawyers “featured” in the book. That’s OK with us.

This was a fairly expensive piece to produce the first time around. It was a larger format that our previous “Five Deadly Sins” books and took a lot of time. However, it still goes out in every shock and awe package we send out today and the electronic version is one of our most downloaded pieces of content.

Now, I’m going to give you an over the shoulder look of something we are working on to add to the arsenal of marketing that we use. The philosophy here is that it is still very hard to differentiate yourself from your competition based on your respective skill levels and that type of messaging is probably the most likely to get you in trouble with the bar.

I was sitting at home reading one night and came across an Internet ad that said something like What Working With a Stockbroker Should Really Look Like. I realized we had never done something with that title before and thought a short, hard hitting piece that actually highlights some things we really do differently in our firm would work.

Here is the draft. It should be finished soon and when it is I’ll share it with you. As with everything else I show you, please be inspired but don’t use this word for word. As I said in the beginning, you might not even like it!

What Finding, Hiring and Working with a Virginia Personal Injury Attorney Should Really Look Like

 

If you are like 87.9 percent of all of our personal injury clients, this is the first time you’ve ever had to find, and perhaps work with, a lawyer in a contested matter.  If so, you likely have three questions:

 

1. Do I really need an attorney for this case?

 

2. If I need one, how do I go about finding one?

 

3. What should I expect from my attorney (and what should my attorney expect from me)?

 

The expectations and goals that people have for their personal injury claims vary. If you are like most, you want to be able to:

 

1. Maximize the amount of money you will actually put into your pocket.

 

2. Make sure that all of your medical bills are paid and that your credit rating is not affected by the accident.

 

First Question: Do You Really Need An Attorney For This Claim?

 

Despite what you see on TV ads and in most attorney advertising, not all claims need an attorney. Thousands of small claims are paid, and paid fairly, every day to unrepresented claimants.

 

Based on over 33 years of practicing as a personal injury specialist, here are my recommendations:

 

(1) If you expect to have less than $10,000 in medical bills, miss less than two weeks of work, and have no herniated discs, broken bones or permanent scarring from the accident, then this is a case you can likely settle yourself and you will end up with more money in your pocket than if you hired an attorney.

(2) If your medical bills are expected to exceed $10,000 and/or you have a documented broken bone, torn ligament, herniated disc or permanent scarring, then you will likely benefit from hiring an experienced personal injury attorney to handle your case.

Keep reading because at the end of this report we tell you exactly how to get your small case settled without giving up 1/3 of your settlement.


This is total bills, not out of pocket expenses.

Second Question: How Do You Find a Personal Injury Attorney When Attorney Ads Seem to Be Everywhere and They all Say the Same Thing?

 

Here are 3 simple steps for wading through the hundreds of millions of dollars spent each year on attorney advertising.

 

Step One: Visit avvo.com.  AVVO is the most respected consumer information site for legal issues.  You can see ratings and reviews for attorneys and you can post questions that are usually answered within a matter of minutes. Avvo.com not only has consumer reviews but it also tells you which other attorneys have endorsed the lawyer you are looking at. (Go to the “reviews” tab at an attorneys profile on Avvo and scroll down.).

 

Step Two: Look for a personal injury specialist.  Virginia does not actually certify “personal injury specialists,” and a lot of lawyers claim to be specialists, so you’ll have to dig a little deeper here. There are two places to start your investigation:

 

A: The attorney’s website.  Look at the case results and testimonial sections.  Specialists will have lots of information here.  Specialists also tend to have more specific information (in the form of videos, white papers, books and frequently asked questions) than nonspecialists do.

 

B: The attorney’s profile on Avvo.com.  It’s pretty easy to look at the pie chart of practice areas to figure out who’s a specialist and who’s not.

 

Step Three: Find out what others say about the attorney.  Consumers use online reviews and ratings for everything from doctors to automobiles.  Lawyers are no different.  Start with this search on Google:  “Reviews for [name of attorney]”  By combining the information you find at an attorney’s website with the information you find at AVVO, you can pretty clearly see who is top-rated and well respected, personal injury specialist in your area.

 

The Third Question: How do You Work with a Personal Injury Attorney to Maximize YOUR Goals in a case?

 

Every case should have a written fee agreement. This document will govern how you and your attorney work together to maximize the chances of achieving your goals.  Insist that the following be included in your fee agreement:

 

1. The modern day contingent fee: You should pay no than 25 percent of the settlement if a case is settled more than 90 days prior to trial and no more than 33⅓ percent if the case is settled after that date, even if the case goes to trial.  This also means that if your attorney settles your case before filing a lawsuit, the fee should be no more than 25% of the settlement.

 

2. A promise to provide at least monthly updates on the status of your case.

 

3. A promise to provide you with a detailed written analysis of your case before any demand letter is sent to the insurance company.

 

4. A promise that you will be given an opportunity to review and comment upon the demand letter before it is sent to the insurance company or to the attorney representing the insurance company.

 

5. A promise that your case will not be settled without your express permission.

 

6. A certification that the attorney carries legal malpractice insurance.

 

OK, What is Your Responsibility in a Case?

 

1. You are responsible for providing full and honest information to your attorney about this claim, prior claims, prior injuries and any other “bad stuff” about you that may affect the outcome of the case.  Don’t let your attorney be surprised later.

 

2. You are responsible for providing prompt responses to requests for information and meetings from your attorney.

 

3. You are responsible for respecting your attorney’s time. The good attorneys (1) are busy working on cases, and (2) will have office systems in place to get you answers to your questions and provide reasonable access to the attorney.  Most experienced personal injury attorneys schedule all of their client phone calls by appointment.  This ensures that everyone is focused for the call.

 

 

What to Do Next

 

Hire us if the case warrants it. If you do have more than $10,000 of expected medical bills and/or a fracture, herniation or scarring, call us. We can probably help.

 

Settle it Yourself: if you expect to have less than $10,000 of medical bills and no fracture, herniation or scarring, call us and we’ll send you our free book Get It Settled. It will walk you, step by step, through the process of settling your case and saving you thousands!

 

What if You Don’t Want to Do This All By Yourself?

 

If your case doesn’t meet our criteria but you still want to hire an attorney, call us and we’ll refer you to an attorney who believes as we do that most lawyers are charging too much to settle simple personal injury cases.


You will certainly hear that “the standard attorney fee” for a typical personal injury case is 33 percent.  That may have been true in the old days, but these aren’t the old days anymore, are they?  Technology has greatly lessened the work load and expense required to settle a case.  We have used this fee system for years and our clients love it.  The truth is that most cases do settle before filing a law suit.  By the way, from time to time we hear of a 40% fee quoted for a personal injury case. That’s crazy.

About the Author:

Ben Glass is a Virginia Long Term Disability and serious injury lawyer. He is the author of 14 books, and for the past 12 years has been teaching other solo and small firm lawyers around the globe how to market ethically and effectively using education-based, direct response style marketing through his company Great Legal Marketing.

Attorneys- Check it Out!!
LET STEVEN HEISLER, “THE INJURY LAWYER”, AND THE LAW OFFICES OF STEVEN H. HEISLER BE YOUR GO TO INJURY ATTORNEYS IN THE STATE OF MARYLAND.
If you have a client who has been in an accident, job injury, or any other type of injury in Maryland, don’t hesitate to call or email Steve personally to discuss.
​​​​​​​Steve has received referrals from numerous attorneys throughout the United States and will gladly provide references.
410-625-4878 (HURT)
877-228-4878 (HURT)
Cell- 443-854-2471
Quick Tip!!
Do you get referrals from clergy? They can be a great source of clients. When people are injured or disabled they turn to their clergy for support.
Clergy can provide spiritual guidance but they know little if anything about the legal system. This is where you can step in and provide the help that clergy cannot.
If you attend a place of worship, start with your own clergy person. Make an appointment to discuss your practice and the service you can provide to members of your congregation. Advise the clergy that it would be your honor to be a resource for them.

Ask your clergy if you can speak at a meeting of clergy of your faith about legal issues. You can give a presentation on the third-party rights, the ADA, Social Security, Workers’ Compensation or other areas in which you practice. After making this presentation find out which member in this organization is involved in the community interfaith clergy association. Ask if you could give a presentation to that organization.
Remind your staff to let their clergy know where they work. Tell them you would be pleased to speak at their place of worship.
About the Author:

James Mitchell Brown Esq. is the nation’s leading consultant for contingency fee law firms. He consults on marketing plans; crisis management; business plans; office efficiency; buying and selling practices; retirement planning and most other issues regarding a practice. He can be reached atjim@attorneyconsultants.com