Marketing Lessons From Mom

July 24, 2014

by Lawyers With Purpose with No Comment Coaching & Implementation Legal Marketing

You know how you become a parent and one day you hear those same words come out of your own mouth that you heard from your own parents when you were growing up? There’s that moment of total shock when you realize that YOU’VE BECOME YOUR MOM!

One of my mom’s favorite sayings is “You never get a second chance to make a first impression.”

Only now, as an adult, do I totally understand what she meant.

As an Implementation Coach, I am constantly coaching firms who, with the best of intentions, began a Relationship Management System, scheduling Synergy Meetings right and left. Perhaps they made a great first impression. They made a lot of promises, handed over a folder of materials, and … didn’t follow up.

Now, six months, a year, three years later the law firm must deal with a wounded relationship. They must decide whether to attempt relationship CPR or chalk the relationship up as a DOA and move on.

When the law firm is located in a smaller community, this situation is even more painful. There are fewer potential synergy partners in a smaller pond to pick from and, in a smaller pond, word can spread quickly that your firm doesn’t live up to its promises.

What can a firm do to revitalize a failed relationship?

Step 1. Determine the potential value of the relationship. Long ago you met with this professional. Were you impressed with their resources, business approach and openness to work with you? On a scale of 1-10 how did that first meeting – the Synergy meeting – end? Was the failure to move the relationship forward the result of lack of follow-through by you and/or your team, or was the failure to thrive a result of lack of follow-through on the part of the other party? If your take on the meeting scored fairly high and if the failure was a result of lack of attention on the part of you and/or your team, proceed to Step 2.

Step 2. Apologize. It’s amazing to me what a heartfelt apology can accomplish! If you see the potential in the relationship, and regret your lack of follow-through, then say so, ask for a second chance, and promise to do it right this time. Be ready to follow through – most people won’t give you a third chance.

Step 3. Keep your promises. Integrity is a matter of keeping your word, even to the point of never being late for an appointment and meeting deadlines. Honor your word, and you and your firm will become known in your community as a firm with total integrity.

These are all things my mother taught me, but life has continued to teach me. And yes, I hope that I will pass them on down to my own children…even if I do find myself sounding just like my mom!

If you want to learn more about marketing for your estate planning / elder law practice, please join us for our Asset Protection, Medicaid & VA Practice With Purpose Program in Phoenix. Click the link and register today! This WILL sell out!

Nedrea Catale – Implementation Coach, Lawyers With Purpose

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Estate Planning Marketing Musts

July 22, 2014

by Lawyers With Purpose with No Comment Legal Marketing

Got ya, huh? I speak with an average of 15 attorneys a week, and more often than not they reveal that they are in dire need of a system for getting clients in the door. But honestly, they need a system but are wanting tips and tricks. I find it amazing that most people would typically pay double the cost for tips (quick and easy) versus systems (slow and solid). I have always struggled with this.

But I finally got it. Last Tuesday I received a call from a well-established estate and elder law attorney who has belonged to virtually every organization in the EP industry. He phoned me to “pick my brain” on his investing in marketing bullet X. A day later I received the following email from him: “Hey Molly, Thanks for your time yesterday. Your systems are quite impressive, intentional and very well thought out. Regrettably, I don’t have the time to spare right now. I know you said on average it will take approximately 120 days for me to fully implement your systems, if I do exactly as you say and put the time in to do my homework between our CC & I calls. Honestly, I don’t have the leisure of time. I have made the decision to invest in the newsletter we spoke of as it will be fairly quick, easy & will get my phone ringing today. Again, thank you for your time.”

I pulled up my CRM to update his record and noticed that this prospect's initial contact was May 28, 2012. I then pulled up the notes from the initial contact, and almost word for word his “reasons” for not creating the space was that he didn’t have the time to stop and produce an intentional recourse. It wasn’t quick and easy enough. He didn’t have 120 days to “wait.” That was 772 days ago.

I love what Laurie McCabe, an expert at AMI-Partners in providing insights and solutions for small and medium businesses, has to say on this: “To keep pace in an increasingly competitive world, your business needs to run as efficiently as possible. Sooner or later, any company not operating efficiently (systemless) will be out of business.” Efficiency is even more important for small- and medium-sized businesses, McCabe adds, because their resources are limited compared to large global companies.

I couldn’t agree more.

If you're interested in learing more about what Lawyers With Purpose has to offer, join us for our Asset Protection, Medicaid & VA Practice With Purpose Program. Register today and reserve your spot!

If you're an LWP member and want to join us to "sharpen the saw" – please contact Angela Crowther at acrowther@lawyerswithpurpose.com to obtain registration information.

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

Defensive Use Of Powers Of Attorney

July 16, 2014

by Lawyers With Purpose with No Comment Asset Protection Legal Technical SNT

The General Durable Power of Attorney (“GDPOA”) has often been described as the most effective burglary tool since the crowbar. The defensive use of the elder principal’s GDPOA can minimize the potential for Elder Financial Abuse. Proper counseling of an elder by the estate planning attorney, and customized drafting of the GDPOA to address the elder’s specific worries about the powers granted to the agent, can help minimize the potential for EFA.

Of particular concern to many elders is the abuse of gifting authority under the GDPOA, or other granted powers that could defeat her estate plan if used improperly by an unscrupulous agent. Other problematic powers that are routinely granted under many boilerplate GDPOAs include the authority to make tax-motivated transfers, to exercise disclaimers or powers of appointment, to sell assets subject to a specific bequest in the elder’s Will, to change beneficiary designations for the elder’s non-probate assets (for example, life insurance, retirement plans, accounts with transfer-on-death or pay-on-death designations), to create joint interests with the right of survivorship, and to create, amend, revoke, or terminate an inter vivos trust that would avoid the probate process.

The law in many states requires a person to opt-in to each and every power granted under a GDPOA, especially the powers noted above. Although the expense of customized drafting, explanations of opt-in powers and review of worst case scenarios for the illicit use of granted powers can be significant, these approaches can provide enhanced protection against EFA for the elder and the intended beneficiaries of her estate plan.

Additional protection against EFA can be afforded by setting forth in the GDPOA specific duties of the agent (signed and acknowledged by the agent), including the duties of loyalty, good faith, and due care; a duty to keep the principal’s property separate from that of the agent; the duty to denote clearly any of the principal’s property titled in the name of the agent in that capacity; and the duty to keep a contemporaneous record of each transaction undertaken by the agent on behalf of the elder, a running account of all receipts and disbursements as agent, and a full annual (or more frequent) accounting to the principal, her conservator, if any, other persons designated in the GDPOA to receive this information, and to the elder’s executor or other personal representative within 90 days of her death.

The GDPOA should also address self-dealing and conflicts of interest that inure to the benefit of the agent, including any specific examples the elder wishes to identify (for example, investments in the agent’s personal business or improvements to the agent’s residence or other properties). The GDPOA should also outline whether and how the agent is to be compensated for services while acting as agent (for example, hourly at a specified rate, or a fee based on the value of the assets under management). Fairly compensating an agent can encourage him to be more honest, attentive and diligent in the exercise of his duties, and help forestall EFA.

If you are interested in learning more about what it means to be a Lawyer With Purpose. Come join us in Phoenix for 2.5 days of technical legal information at the 2014 Asset Protection, Medicaid & VA Practice With Purpose Program October 20-22nd. Click the link to register today!

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.

What’s Your Snausage?

July 15, 2014

by Lawyers With Purpose with 3 Comments Coaching & Implementation

My dogs are great! They’re beautiful, smart, loving and fairly obedient. (OK, your dogs are all right, too.) But my dogs are great!!

When Samantha was a puppy, her favorite treats were “Snausages.” I haven’t seen them on the market in a while and we long ago moved on to other treats, but Snausages were a hard act to follow. My younger daughter taught Sam to roll over for a Snausage and just taking the bag out of the panty would cause Sam to stop, drop and roll …. over and over and over without stopping until she was rewarded.

Sam’s love for Snausages prompted a philosophical family discussion that I still find fascinating. The question is – “What is your Snausage?”

So picture this – me, literally stopping, dropping and rolling across the floor over and over again … for what? My Snausage for a long time was my mom’s hot apricot cobbler with a scoop of Breyer’s Home-Made Vanilla ice cream on top. But in recent years I’ve tried to stop making my life about food as a reward, and to focus on “feeding” my inner child, or should I say “dog,” in other ways.

I’ve discovered that the best rewards are not the ones I give myself, but the ones that are given to me from others. And I’ve discovered that other people feel the same way. So how can I give you a Snausage?

First, I need to discover what you really want and need, and then figure out how to give it to you.

As implementation coaches, we often suggest that teams review The 5 Languages of Appreciation by doctors Gary Chapman and Paul White. Chapman and White have been incredibly generous to share their quiz on line, together with a brief interpretation of the results. Have your team members take just a few minutes to go through the quiz, and share the results in a team meeting. You’ll discover the best way to motivate and appreciate each member.

Then share this story, and just for fun … ask them what their “Snausage” is.

I’d love to hear from you! Drop me a line at ncatale@lawyerswithpurpose.com with “Snausage” as the subject. What’s your “Snausage?”

Nedra Catale – Coaching, Consulting & Implementation, Lawyers With Purpose

The Difference Between Marketing & Branding

July 14, 2014

by Lawyers With Purpose with No Comment Legal Marketing

Marketing is actively promoting a product or service. It’s a push tactic. It’s pushing out a message to get sales results: “Buy our service because you have a problem and we can fix it.” Although it might be oversimplifying, that’s it in a nutshell.

That is not branding.

Branding should come before AND is the first layer of any marketing effort. Branding is not push, it's pull. Branding is the expression of the value of an organization or service. It should communicate your values, and clarify what your particular service IS and what it IS NOT.

A brand will help encourage someone to buy a service, and it directly supports whatever sales or marketing activities are in play, but your brand does not say “buy me.” Instead, it says “This is what I am. This is why I exist. If you agree, if you like me, you can buy me and recommend me to your friends.” It’s your reputation.

Branding is strategic. Marketing is tactic!

I want to use the example of social media to speak into what is the best way to build your brand. And I’ll tell you why social media is about being present with your brand for the people with whom you do business, your clients and your prospects. It's about your relationships. Your brand is your reputation.

So, just using that as an example, your brand presence represents who you are. It is meant to support your company, reinforcing your reputation, the service you provide and your commitment to your clients. Build relationships in and around your social channels, showcasing your desire to serve them. These relationships are the foundation of your brand’s reputation, success and bottom-line. You are building trust and then seeing the return.

Nurture and cultivate your audience with real conversations and engagement, offering value and rich content. Don’t just ALSWYAS push your URLs and self-promote; get involved. Share. Ask questions.

People buy from people, and they want to get to know you. They already respect and admire you for your accomplishments, because you’re an attorney and have a license to practice law; with your brand you want to humanize your practice and be personable. The relationships that you build in social channels will lead to increased brand advocacy. Make the time!

Creating an online “experience” for your clients and referral sources though your brand is an opportunity to engage and interact on a more personal level than you can with more traditional forms of media. You are speaking WITH instead of AT them. These relationships can evolve into strong brand advocates to share your message, service and products. This word-of-mouth advertising and shouting from rooftops (social channels) is the greatest form of marketing your brand can hope for. Each consumer is connected and has a voice – they will share their testimonials and experiences with the world, so it is your job to make sure those are positive. Pay attention to them, understand their pain points and give them viable solutions.

So, do you have a brand?

You don’t have to spend thousands of dollars or hundreds of hours to create your brand. You can outsource it to a marketing firm – or even create your own online, for free. Several members use their firm name with standout fonts that pop. Do not sit and do nothing because you don’t know what to do. It can take a year to really build your brand, so it’s not something you should wait to make perfect. It doesn’t matter what shade of blue you use, whether it’s teal or navy blue, light blue or periwinkle. But a separate logo, as a distinct way of writing your company or product name, is not an essential requirement for a brand. Many well-known firms exist without logos. Often they rely on their name, rather than a graphic, to create the necessary impact. However, if that's your approach, give some care and attention to the look of your name, but don’t let it stall you.

If you do have a brand, what are you doing with it?

When you have a brand, there are two things you need to do to build it. (1) Make sure it appears everywhere. Period. Social, stationary, pens, shirts for community outreach, workshop ads, flyers, anything with your firm or your name on it must have your brand! (2) Deliver on your promise. Make sure that your systems and process are working, because one weak link or broken promise can weaken your brand.

Roslyn Drotar – Coaching, Consulting & Implementation, Lawyers With Purpose

Where Were You On Independence Day?

July 11, 2014

by Lawyers With Purpose with No Comment Uncategorized

I don’t mean in 1776. Rather, just last week. Where were you and what were you doing? Almost everyone I know looks forward to the Fourth of July – especially this year since it was a three-day weekend. In Atlanta the weather was great; cool in the morning and low humidity in the afternoon. It was a perfect day for the common rituals of barbequing, spending time outdoors with family and friends, and traveling.

But July 4^th is actually just a date. The true essence of the holiday is to celebrate America’s independence from Great Britain. Seeking independence, or trying to maintain independence, can bring about struggle and strife. The pilgrims had to journey long distances in small boats across vast oceans for freedom. They then had to face natives and engage in a battle against the Red Coats.

Our seniors and veterans define independence altogether differently. Each day is a struggle to maintain independence when losing eyesight, hearing, or the ability to walk or drive. When caring for a loved one whose health is declining, that person will try very hard to maintain independence. This can bring discord to the family. Battles may ensue.

Less than 100 years after the Declaration of Independence was signed, April 12, 1861, the Civil War began dividing a nation – both sides fighting for independent rights (the Union to free the slaves and make them independent and the Confederate to be independent from government scrutiny). Georgia was the fifth state to secede from the Union on January 19, 1861, and heavily supported the Confederate cause. I spent July 6, 2014 visiting the Historic Oakland Cemetery in Atlanta, Georgia which offers tours highlighting the notable events shaping Atlanta. Thousands of Confederate soldiers are buried there, as well as 16 Union soldiers. Visiting the cemetery was a reminder of all of the independence we have today because of the struggles our forefathers were willing to forge.

But, not to get lost in the remembrance alone, I also spent July 6, 2014 celebrating Independence Day listening to the 116^th National Guard Band play patriotic music. Each military branch has a band, although they are becoming smaller due to budgetary constraints. Before long, we may only have memories of military bands playing for citizen celebration and morale.

Remember as you begin to “help” your loved ones who may be losing the battle of personal independence, that their lives and accomplishments are to be remembered and celebrated. Take a moment to recognize the strain but celebrate the person behind the cause. When the battles are over and the memory is all that remains, make sure it is one you can celebrate with joy.

Victoria L. Collier, CELA, Elder Care Attorney, Co-Founder of Lawyers for Wartime Veterans and Lawyers with Purpose, Veteran, author of 47 Secret Veterans Benefits for Seniors and most recent book, Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit.

What Does That Mean?

July 10, 2014

by Lawyers With Purpose with 2 Comments Coaching & Implementation Legal Marketing

A few years ago my younger daughter and I splurged and spent 12 days in Italy, a country I had long longed to visit. The trip was utterly amazing and we managed fairly well despite the language barrier. I guess I must look somewhat native because on two separate occasions Italians approached me for directions and I could only laugh helplessly and indicate that I didn’t speak Italian.

Recently, I’ve noticed advertising for some pretty spectacular audio travel translators and find myself wondering how having one of those high tech gizmos would have impacted our trip.

What would be even better is if we had been able to take and master a crash course in Italian!

I was reminded of language differences some time back when preparing to launch an RMS process targeting nursing homes. An attorney at another law firm was coaching me in how to set up our campaign.

We were role playing conversations and approaches and she ran a couple of phrases in nursing home lingo past me but it was as if she were speaking Italian.

I stopped her and said, “Wait! What does that mean?”

“Have you reviewed the nursing home RMS material on the website?” she asked me.

“No, I meant to, but haven’t had time,” I replied.

Hmmmm …… What’s wrong with this picture?

A representative from a law firm positioning itself as expert in the area of Medicaid and VA is going to walk into a nursing home and introduce herself, but will be unable to understand or communicate in their language nor understand their priorities.

Well, worse things have happened. But the point is, the LWP website has hours of materials that can have you speaking “Italian” in no time. You’ll get valuable insight from other professionals who have had incredible success in establishing relationships with nursing homes. Spending the time to work through these materials will give you a true competitive edge from the moment you walk in the door.

What you say and how you present yourself in those first few minutes can mean the difference between being easily forgotten or positioning your practice for consideration as their “go-to” firm for VA and Medicaid apps.

So if your firm is considering a nursing home RMS process, I really hope you’ll brush up on your language skills first! And practice, practice, practice before you knock on the door.

Nedra Catale – Implementation Coach, Lawyers With Purpose

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Multi-Disciplinary Team Of Professional Advisors

July 9, 2014

by Lawyers With Purpose with No Comment SNT

Assembling a multi-disciplinary team of allied professionals to advise an elder on a consistent periodic basis can contribute significantly to the prevention of elder financial abuse. Key members of such a team could include the following.

National Elder Law Foundation

http://www.nelf.org/

Geriatric care manager

National Association of Professional Geriatric Care Managers (NAPGCM)

http://www.caremanager.org/

Life care planner

American Association of Nurse Life Care Planners (AANLCP)

http://www.aanlcp.org/

Investment advisor

Investment Advisor Search

http://www.investmentadvisorsearch.com/

SEC’S Investment Adviser Public Disclosure website

http://www.adviserinfo.sec.gov/

Government benefits specialist

Benefits.gov

http://www.benefits.gov/

Home accessibility specialist

Accessibility Professionals Association (APA)

http://www.accessibilityprofessionals.org/

Accountant

American Institute of Certified Public Accountants (AICPA)

http://www.aicpa.org/

Household manager

International Concierge and Lifestyle Management Association (ICLMA)

http://iclma.org/

Bookkeeper or bill payer service

National Association of Certified Public Bookkeepers (NACPB)

http://www.nacpb.org/

American Association of Daily Money Managers

http://www.aadmm.com/

Elder mediator

Academy of Professional Family Mediators (APFM)

http://www.apfmnet.org/

While the compensation of all of these allied professionals can be costly, the end result of their team efforts could save the elder multiples of that cost if significant financial abuse and exploitation is forestalled.

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.

Congratulations To Terry Moynihan, LWP Member Of The Month

July 7, 2014

by Lawyers With Purpose with No Comment Systems & Processes Team Building

What is the greatest success you’ve had since joining LWP?

Our greatest success to date is implementation of the workshop system. The public is responding to our "7 Threats" advertising campaign and we appreciate that LWP has provided high quality presentation and promotional materials. These have allowed us to get up and running with the workshops pretty quickly.

We also value the well-developed procedures for workshop set-up, presentation and follow-up. With each workshop we present, the entire process becomes more efficient and we become more confident that this system will be a key component of our growth and prosperity.

What is your favorite LWP tool?

Our favorite LWP tools are the Pipeline and Cash Flow Focusers.

How has being part of LWP impacted your team and your practice?

The biggest impact from being part of LWP came out of our attendance at the June Retreat, in Chicago. Using the tools provided, we have been able to unify our team around well-defined processes and specific goals. We now have a clearer idea of where we are going and what we need to do to achieve practice goals.

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Nursing Home Marketing: The Big Meeting

July 3, 2014

by Lawyers With Purpose with No Comment Legal Marketing

Thanks for checking back for the next installment in our series on how to approach and attract nursing homes to your practice! If you missed the previous installments, you can find them in prior blogs. Or email me and I'm happy to send them to your email! Now that our previous pieces have helped you get in the door at the nursing home, we can address what happens next. Once you're in front of the business office manager, what do you say? Where do you go from there? Do you do the synergy meeting? We find that it's good to get the office manager to set up a meeting with other key personnel in the room.

The goal of this meeting is to get a Synergy Meeting on the books. You will need to have each of the department heads there (the administrator, the admissions director, the finance director – or whatever they call their chief financial officer – the rehab director, and the social work manager). If you get those key people to attend, they can then share your information with their departments and it leverages your time with questions each department has. In that meeting, you should present what you know about Medicaid qualification (the ins and outs of the Medicaid system) and how this is useful for them. Here's where you can educate them on the great opportunities for residents that could also benefit nursing homes.

For example, one such benefit is the rehab stay at a nursing home, and how that’s a critical opportunity for residents to start that ball rolling in terms of the penalty period. A patient who needs to be readmitted to the nursing home later may be qualified on day one for Medicaid to pick up the tab. That helps the nursing home avoid the black hole where somebody is occupying a bed and the nursing home is not getting paid because the patient ran out of money. Those are important things for nursing homes to know about, and more importantly, that YOU can help them with this.

Another example: In some states, for instance, you can educate them on how a person could get in-home care and also get help in paying for that care through Community Medicaid. Community Medicaid is totally different from Medicaid that would pay for a nursing home stay. The veteran’s benefit can also be used to help pay for care in your home. You need to make sure the nursing homes know to share that with residents and the residents’ families. You could also talk about pooled trust for example, and how those can be used to help somebody pay for care in their home. And then tie this in with the six legal must-knows for any nursing home (located on the members section of the website).

Try to make the meeting a "Lunch & Learn" or a "Lunch & Law" setting. It’s a very easy, relaxed atmosphere, which is a great setting for just going through the points of what YOU can do for them and answer their questions. You just need to make a connection at the meeting. From there, you're sure to get a Nursing Home Synergy Meeting on the books with the right person.

We hope this information will help you build your nursing home business. Check back soon for our next post, which will deal with how to follow up after you've established the business relationship. And, if you have any questions at all in the meantime, please don't hesitate to email me at rdrotar@lawyerswithpurpose.com.

Roslyn Drotar, Coaching, Consulting & Implementation, Lawyers With Purpose