MISSION STATEMENT:
"To promote the advancement, interests, equality and well being of women in the legal profession”
WINTER 2006 NEWSLETTER
2005 AWL Executive: In this Issue:
President: Marcia Johnston Page:
Vice-President: Elizabeth Miller President’s Message……………………………2
Treasurer: Karen Muir Upcoming Events……………………………...3-7
Secretary: Teresa Homik Past Events …...…………………………………8
Members at Large: Spotlight Series………………………………8-10
Kathleen Beall Marguerite Donlevy Jennifer Personal Finances…………………………..10-11
Edwards Stephanie Gillespie - Charlebois Marketing Tools……………………………..12-22
Laurelle Funk Kathryn Hordienko Debbie AWL Membership Benefits…………………….23
Johnson · Donna Johnson Johanna Price Special Thanks to Patron Members/Firms…...24
Patricia Sealy Barbara Snowdon Kathy Research Advertisement……………………….25
Whitburn Katherine Yancey
Past President: Dina Honke
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A MESSAGE FROM THE PRESIDENT
MARCIA JOHNSTON, Q.C.
ANOTHER YEAR BEGINS
The Association of Women Lawyers has begun its 12th year and once again we are looking for
your input. This is your organization and its continued strength depends on meeting your needs
and desires for an organization of women lawyers. We do encourage your ideas, bricks and
bouquets, and any other feedback.
This year we are going to expand the honorees at the Spring Celebration beyond the traditional
new calls and include other achievements of women lawyers in Calgary. We think there are
many reasons to celebrate ourselves and we should take the opportunity to do so.
We have also started to plan the second annual Women Lawyers Weekend Retreat. Mark your
calendars for September 29 – October 1! A number of last year’s attendees, in the euphoria of
an awesome weekend, volunteered to help work on this year’s retreat. Now is the time to step
up to the plate, for those who volunteered and all other interested women!
As I have been watching the Winter Olympics, I have been thinking about the difference
between Olympic athletes and lawyers. Both dedicate three years to intense training, at times
wondering if it is worth it. Olympians have one chance to pull everything together, remember
everything they’ve learned and do the best of which they are capable. We strive always, day
after day, to do our best and pull everything together which is harder to sustain. On the other
hand, one bad or “off” day normally doesn’t ruin everything we’ve worked for. So I guess being
a lawyer is better overall. But wouldn’t it be great to hear all that applause and cheering?
I look forward to seeing you at our 2006 events. Always feel free to contact me at 444-4413 or
mjohnston@enterraenergy.com. May your practice be filled with gold medal moments!
Marcia Johnston
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UP-COMING EVENTS
Mark your calendars and watch AWL website and emails
Informal Potluck: Getting Ready for Spring To meet AWL members in an
Gathering Thursday, March 23, 2006 informal setting
6:00-8:30pm
Karen Muir's Home – address TBA
If interested, contact
muir@daunaisboyes.com or
sealy@daunaisboyes.com
Lunch & Learn PLANNING FOR RETIREMENT To attend an educational
Speaker: Crystal Pelton seminar on a topic of interest
Wednesday, March 15, 2006 to women, while networking
Noon to 1:30 with other AWL members and
at Field LLP guests
Munch & Learn Thursday, May 11, 2006 To attend an educational
5:30 to 8:00 seminar on a topic of interest
to women, while networking
Details TBA. with other AWL members and
guests
AWL End May or Early June 2006 Opportunity for AWL to
Spring Thursday, June 8, 2006 celebrate women called to the
Celebration 11:30-1:00 Bar in 2005, and women
FMC Boardroom lawyers' accomplishments
th
10 Annual Thursday, August 17, 2006 Annual golf tournament, to
AWL Golf Elbow Springs Golf Club network with other AWL
Tournament (New Location) members – Note: Non-members
Details TBA and clients are welcome.
Munch & Learn WOMEN IN POLITICS To attend an educational
Speaker: Joy Smith seminar on a topic of interest
Member of Parliament to women, while networking
Wednesday, September 13, 2006 with other AWL members and
5:30 to 7:00 guests
at First Canadian Centre
nd
2 Annual AWL September 29 to October 1, 2006 An opportunity to get away,
Rimrock Retreat Rimrock Resort Hotel and participate in many
educational and social
networking events
Celebrity Lunch Stephen Lewis To attend an educational
Late 2006 seminar topic and speaker on
TBA interest to women, while
networking with other AWL
members
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Informal Gathering
POTLUCK: GETTING READY FOR SPRING
WHEN: Thursday, March 23, 2006
WHERE: s
Karen Muir' home
Address TBA
TIME: 6:00 - 8:30pm
WHY: An excuse to get together and meet new people in an informal setting
AWL hostesses will provide you with a type of dish for bringing to the potluck.
BYOB. Non-alcoholic beverages provided.
* AWL STRONGLY ENCOURAGE ALL OF THOSE ATTENDING NOT TO DRINK AND DRIVE!!
PLEASE RSVP by March 20, 2006 (INCLUDE YOUR NAME AND CONTACT INFORMATION) TO:
muir@daunaisboyes.com or sealy@daunaisboyes.com
LUNCH & LEARN EVENT
PLANNING FOR RETIREMENT
Speaker: Crystal Pelton
WHEN: Wednesday, March 15, 2006
WHERE: Field LLP
First Canadian Centre – Bank of Montreal Centre
th
1900, 350 – 7 Avenue S.W.
TIME: Noon to 1:30 pm
WHY: Crystal Pelton will be sharing her expertise in assisting lawyers of any age in
planning for their retirement. It will be an informative presentation to assist in the
planning process.
COST: $20.00 for members, $10.00 for students.
Light lunch will be provided
PLEASE RSVP by March 13, 2006
(INCLUDE YOUR NAME AND CONTACT INFORMATION, AND CHEQUE PAYABLE TO AWL) TO:
ekinsella@fieldlaw.com
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4
MUNCH & LEARN EVENT
TOPIC TBA
Speaker: TBA
WHEN: Thursday, May 11, 2006
WHERE: TBA
TIME: 5:30 – 8:00
COST: TBA
Food will be provided
PLEASE RSVP by May 8, 2006
(INCLUDE YOUR NAME AND CONTACT INFORMATION, AND CHEQUE PAYABLE TO AWL) TO:
ekinsella@fieldlaw.com
AWL SPRING CELEBRATION
This year's Spring Celebration, to welcome those women called to the Bar in 2005, along
with acknowledgment of other women lawyers' accomplishments, will be held on
Thursday, June 8, 2006 from 11:30-1:00. It will be held at the main boardroom at Fraser
Milner Casgrain LLP.
Further details TBA.
th
10 Annual AWL Golf Tournament
This year's tournament is scheduled for Thursday, August 17, 2006 at
Elbow Springs Golf Club (new location).
For those interested, group golf lessons will be arranged this summer.
Note: Non-members and clients welcome.
Further details to TBA.
{C0354358.DOC;1}
5
MUNCH & LEARN EVENT
WOMEN IN POLITICS
Speaker: Joy Smith, Member of Parliament
WHEN: Wednesday, September 13, 2006
WHERE: First Canadian Centre – Bank of Montreal Building
th
350 – 7 Avenue S.W.
TIME: 5:30 – 8:00
COST: $20.00 for members, $10.00 for students.
Joy Smith was first elected to the House of Commons in 2004 and re-elected in 2006. Joy is a
respected educator and a best-selling author. Prior to entering Parliament, she represented the
constituency of Fort Garry in the Manitoba provincial legislature.
s s
Joy holds a bachelor' degree and a master' degree in education. She is a best-selling author, a
recipient of the Hedley Award for Excellence in Research and educator for 22 years. Joy is also a
popular speaker on the topic of public involvement in politics. She ran a small business for
s
several years, and was nominated as Manitoba' Woman Entrepreneur of the Year.
As a member of the Manitoba Legislature, Joy served as critic for Justice, Education, and
Intergovernmental (Urban) Affairs. She also served on the Manitoba Task Force for Building
Sustainable Communities.
Since being elected to Parliament on June 28, 2004, Joy has been named Manitoba
s
Conservative Caucus Chair and sat on the Leader' Priority and Planning Committee. She was
recently re-elected to Parliament.
She has also been a committee member on the Status of Women Group, Ukrainian-Canadian
Parliamentary Group, Jewish-Canadian Parliamentary Group and Canada-USA Relations
Parliamentary Group.
Joy Smith was raised on a farm in southern Manitoba. She and her husband, Bart, are life-long
residents of Manitoba. They have six grown children.
Food and beverages will be provided.
PLEASE RSVP by Sept 8, 2006
(INCLUDE YOUR NAME AND CONTACT INFORMATION, AND CHEQUE PAYABLE TO AWL) TO:
ekinsella@fieldlaw.com
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6
nd
2 Annual
AWL Renaissance at the Rimrock
Mark your calenders.
The next AWL retreat is scheduled for September 29 to October 3, 2006
at the Rimrock Resort Hotel.
s
We anticipate that it will be as successful, if not more successful, than last year' event.
Celebrity Luncheon
Stephen Lewis may be scheduled to speak as our guest of honour at the AWL Celebrity
Luncheon in late 2006. Details to be announced.
Please watch this newsletter and email notices for further announcements.
PAST EVENTS
AWL ANNUAL GENERAL MEETING
th
The AWL Annual General Meeting was held on December 8 , 2005 at Fraser Milner Casgrain
LLP. At that time, the AWL was fortunate to have five new directors to join the Board, Kathleen
Beall, Laurelle Funk, Katherine Yancey, Debbie Johnson and Donna Johnson.
It was announced at the meeting that Katherine was stepping down as Director, and we wish to
extend our gratitude to her for the years of hard work she has given to AWL, in particular as the
head of the social committee. We wish Katherine all the best, and look forward to her continued
membership with AWL.
The meeting was an good opportunity for the members in attendance to enjoy good music, food
s
beverages while mingling with other members and catching up on the AWL' state of affairs. A
good time was had by all.
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7
AWL
SPOTLIGHT ON
EXTRAORDINARY WOMEN LAWYERS
MARCIA JOHNSTON, Q.C.
By Katherine Whitburn
Marcia, born and raised in Topeka, Kansas, decided to go to law school at Washburn University
after completing her undergraduate degree in political science in 1971. She never had any
intention of practicing law and was actually pursing a master’s degree at another university at the
same time but thought it would look good on her resume given her interest in politics and urban
planning. Of the 7 women in the class of 180 students, only 4 graduated. (She never did quite get
around to completing her master’s degree.)
In those days, none of the law firms in Topeka would hire a woman, so in 1974 Marcia and her
classmate Jane Werholtz opened their own shop. They would be feminist lawyers and would save
the world and even had permission from their then-husbands provided that their little shop broke
even. Even though Marcia’s interest lay with business and tax law, they took whatever work came
in the door and actually acted for a number of male clients on matrimonial files. Speaking of the
other Topeka law firms, Marci reports that, “Even though they wouldn’t hire women at the time,
they did treat us with respect.” In 1975, one of the firms did actually hire a female lawyer because
Jane and Marcia were taking too much work away from the firm.
Between 1975 and 1977, Marcia and Jane ran their firm and hired a couple of other women
lawyers. They didn’t have money for staff and an IBM Selectric typewriter was the main piece of
office equipment. The firm worked hard and was involved in a number of feminist causes
including NOW and the Kansas Trial Lawyers Association seeking gender equalization. One of
Marcia’s key files involved a dispute between the American Party of Kansas v. the American Party
of Kansas Inc. In taking on the file, Marcia warned her clients that she was a feminist and really
did not agree with their political thinking. That was all right with them for, to quote an older
stalwart of the party, “Times are changing.” (By the way, Marcia’s client won.)
In 1977, both Marcia and Jane had divorced their husbands and, the good feminists that they
were, had refused to seek alimony so they both needed to make money. The firm wasn’t
profitable so they decided to disband. However, as Marcia put it, they had formed such a deep
bond, they continue to be close friends even today. Marcia knew she didn’t like the business
aspects of running a law practice and decided that she would like to work as in-house counsel but
the experience from having her own firm wasn’t going to get her there so she joined a company
that designed computerized tax returns. She started looking for an in-house job and realized that
she would have to move to California, New York or Texas.
She ended up in Texas, partly because her family was there and partly because she didn’t want to
{C0354358.DOC;1}
8
go to New York or California, and landed a job with an El Paso oil and gas company. 1979 to
1981 were boom years in the oil industry and she led the life of a corporate jet-setter – flying here
and there on the company jet, wining and dining the big executives, etc., etc.
In 1981, she gave up a job she loved, gave up making lots of money and gave up having lots of
fun all because she met this Canadian guy named Reg Johnson. She and Reg married and came
to Calgary. Much to her surprise, Marcia wasn’t allowed to practice law for 3 years because of the
Law Society’s citizenship rules. She actually considered changing careers but didn’t (“damn it” to
quote Marcia) and instead landed a job as a paralegal “helping” with oil and gas opinions for the
firm of Conrad Blaine Bloomenthal & Carruthers. She basically took over the department and was
grateful to the firm for treating her as a senior associate lawyer even though she was technically a
paralegal.
After the 3 year wait was up, she started her articles with the firm (which imploded when Keith
Conrad left in 1982 to start JC International Petroleum with Tom Jacobson) and, despite offers
from Howard Mackie and Milner Steer, joined JC International Petroleum and completed her
articles under the tutelage of Tom Robinson and Carole Conrad.
In 1985 she was admitted to the Law Society of Alberta and the following year JC International
went into receivership. So, she went into private practice but the funny thing was that her main
client was the receiver for JC International and she actually stayed in her old office with her old
furniture and hired her former secretary. She cleared more money in her first year of practice than
she had ever earned as an employee.
Between 1986 and 2000, Marcia ran her own firm. It grew from a one-woman operation to a 12-
member firm. Once it hit that point, the firm had reached its limit for growth potential. Although
Marcia preferred a smaller firm, she acknowledged the limitations for the younger lawyers in the
firm. The business of the practice got more complicated and it was hard to integrate the junior
lawyers so, with some reluctance on Marcia’s part, the firm merged with Gowlings. Before doing
so, Marcia talked to all of the women lawyers working at Gowlings and made sure she understood
the firm’s corporate culture and business plan.
In 2004, Marcia decided it was again time for a change – the big firm just wasn’t for her. So, she
took an in-house position with a public oil and gas company, a former client, and is back “home”
with her friends and colleagues Keith Conrad and Tom Jacobson. The company is publicly traded
in Canada and is about to be listed on the New York Stock Exchange. In fact, Marcia is going to
be ringing the bell at the opening of the New York Stock Exchange on February 28, 2006.
Marcia has some thoughts for us all to ponder. First, even when you find yourself in a new
situation (i.e. in a trial when you don’t even like litigation), “whatever you lack in experience can be
made up for with good preparation.”
Second, don’t be afraid of change. It can be scary but don’t be afraid of new opportunities.
Third, don’t put off the things you would like to do to “someday” (i.e. retirement). Marcia enjoys
and makes time for a number of different crafts such as beading and quilting. She and Reg enjoy
living in the country and share a great love for animals and wildlife. Their house is filled with pets.
Reg does not enjoy traveling but Marcia does and so she makes time to travel with her sister and
two nieces and other friends.
But the thought that Marcia would like to stress the most is the importance of giving to the
community. It is too easy to say that you don’t have time but it’s her view that you just have to
make time. Marcia has put her thoughts into action – in her early years of practice she did a lot of
charity and pro bono work. Since then, she has worked with the Association of Women
Entrepreneurial Initiatives of Alberta, the Chickwagon! Foundation for Women, the Famous 5
Foundation and the Association of Women Lawyers.
{C0354358.DOC;1}
9
The latest of Marcia’s achievements was when she was awarded the designation of Queen’s
Counsel on January 1, 2006.
In my humble opinion, we are very lucky to have such a talented woman at the helm of AWL.
PERSONAL FINANCES
WHERE ARE WE GOING? – STEP TWO
DISCOVERING OUR CORE VALUES
By C. Yvonne Chenier
Happiness is that state of consciousness which proceeds from the achievement of one's values.
- Ayn Rand
Hopefully you have had a chance to review the list of values that was provided in the last
newsletter and are ready to proceed to the next step in the planning process. The next step is
the exercise to prioritize the values that you have selected as potentially your own. For those of
you who are wondering where this is all leading to, be assured that once you have done any
process to establish a goal, especially one that involves a need for planning, then the next step is
just that – planning, whether it be some form of financial planning that will enable you to achieve
your prioritized goal or just life balance type of planning that is needed before you can achieve
the fulfillment of your goal.
Once you have selected the values that are important to you, I find it helpful to write them down
on index cards or sticky notes. These cards should be kept for the future as it is interesting to
see how they are prioritized now and then again in the future. To have some fun you can also try
and put your mind in the state it was, say 10 or 20 years ago and try to do the prioritization
exercise with your former self. See how you have changed. Just wait a few years and do this
again and see how you will change again!
Just as an aside, I must discuss a statistic that I have been pondering that you may find
interesting as well as you do your values exercise. I read with interest in the last Law Society of
Alberta publication - The Advisory - some statistics showing of all lawyers in practice in Alberta
today, 31% are female. I contacted the Law Society to ask how many women lawyers were with
me the year of my call (1982) and out of that how many are still in active practice in Alberta today.
The answer is very revealing. In 1982, 407 people were called to the Alberta bar. Out of that,
100 were female and 307 were male. Today, 250 of the 407 are still practicing. Out of that, 52
are female and 198 are male. So about half of the female lawyers who were called to the Bar in
Alberta at the same time I was are no longer members.
Do you think that the reduction in these numbers has anything to do with the changing or
reprioritizing of values of my self and my colleagues? I do. Our values have changed over time.
{C0354358.DOC;1}
10
In the 1980s, we all worked hard and ranked “success” and “hard work” high on our hierarchy of
values, only giving ourselves the opportunity for some down time on occasional weekends. In the
1990s, we turned away from potential promotions and partnership tracks because we wanted
more time at home. By the 1990s, “success” had fallen down the hierarchy below “family” as a
value. So where are we all today?
But I am digressing from our exercise. Spread out your value cards or sticky notes in front of you
in random order. Pick up two and read the values written thereon. One of them will draw you
more than the other; somehow feel weightier or more important to you than the other. Put that
value card above the other value card. Now take another value card at random from your pile of
values. Is that value more powerful or weightier to you than the one on the bottom of the list? If
so then put it above that other value. If not put it below. Now look at this latest value in
comparison to the one you had previously placed at the top. Is this new value drawing you more
than that value? If so put this new value card on top of the old one that was on top. Keep doing
this with all of the values that you have recorded, starting to compare it to the bottom value and
then working it up the chain of values that you have created until all of the value cards have been
considered by you and put in order of importance to you.
At the end of this step you will have all your values in order in a vertical line, with your most
important value at the top and your least important value at the bottom. Take a good look at your
top three as these are the values that will best guide you or drive you to your goal. These really
define who you are at this stage in your life. They are you core values.
What does this mean? Understanding your core values that you have discovered is the next step
to finding out what your next specific goal should be. For example, by doing this exercise
perhaps you have discovered that the three top values that define you are Innovation, Service to
others and Freedom. Look at your current state of affairs. Are you living a life that reflects these
values? If yes, you probably do not have to do much or even the desire to set a new goal for your
self and figure out how to achieve it. But if your current situation in life is routine, not helpful to
anyone and affords you no choices then you need to make new a goal that allows you to live your
core values.
Go through this process over the next few months. I will assume that your new goal that reflects
your current core values is one that needs a bit of planning. Perhaps it is career planning,
perhaps it is financial planning to make you feel confident that you can move from one situation to
the next. If it is career planning there are plenty of reputable career counselors that can help you
make the adjustment. If it is financial planning that you need to do then the next article in this
newsletter will be written just for you. Did I hear retirement?
Your beliefs become your thoughts. Your thoughts become your words. Your words become your
actions. Your actions become your habits. Your habits become your values. Your values become
your destiny.
- Mahatma Gandhi
NOTE ON AUTHOR: C. Yvonne Chenier is a lawyer member of AWL and certified financial planner with
over 20 years experience dealing with personal planning issues. She has a life planning practice catering to
the holistic needs of individuals and families, and can be contacted at yvonne.chenier@shaw.ca.
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11
MARKETING TOOLS
MARKETING 101 FOR THE LITTLE GUY
By Barb Cotton
Large law firms have many resources, which usually include a marketing director and a marketing
department. With their considerable budgets they can throw money at advertising, engage in
branding exercises, host client events, purchase lavish client gifts, and give away entertainment
tickets.
This is not the case for “the little guy” – the solo practitioner or the practitioner in a small or
specialized firm with a shoestring marketing budget.
There is good news, however. The essence of effective marketing is “relationship marketing”,
which involves establishing an ongoing relationship of caring and trust with your clients within the
context of a long-term horizon. Such relationship marketing does not require a large marketing
budget, nor a marketing director or marketing department – it merely requires that the “little guy”
lawyer assiduously and, in most cases, personally, maintain an ongoing marketing program
based on cultivating relationships.
What do I mean by “assiduously”? The solo, small or specialized practitioner must devote,
ideally, at least one hour per day on marketing activities, even when work is pouring in the door.
It is said that effective marketing is like riding a bicycle. You must pump hard in order to build
momentum and get the bicycle going, but once the bicycle is underway all it requires is the
occasional pump to maintain the momentum. This is also the case with an effective marketing
program. It will require a lot of time and effort in order to get it up and running, but, once
established, “pumping” of approximately one hour per day should be enough to maintain the
momentum.
What are the benefits of relationship marketing? There are many, but a highly satisfied client will:
· generate repeat business
· refer you to others
· forgive your mistakes
· be less fee resistant
· pay your bills more readily and faster, and
· make your work life more enjoyable
Another tenet of relationship marketing is that, although it is difficult to establish a client base,
once your client base has been established it is far more effective if you nurture it for new and
repeat business, rather than simply trolling for new clients.
With this in mind, then, let us turn to the basic principles of relationship marketing. It seems to
me, having reviewed the diverse literature on the topic, that it comes down to three basic
principles:
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12
· You must treat your clients as people first, and clients second
· You must establish a relationship of trust with your clients, and
· You must always pay attention to the “feel good factor”
Treat Your Clients as People First
Concerns are sometimes expressed that relationship marketing means developing personal
relationships with your client, but it simply means that you must develop a warm and caring
relationship with your client, as a person, but within a business context. There is a difference
between being friendly and turning your clients into friends, which is not required for marketing
success.
This principle has been encapsulated as “life is like high school, not like university”. By this it is
meant that life is like high school in that it is the relationships we develop and nurture that are
important, and not the theoretical or factual information we master, such as at a university.
People want to work with people they like. One of the most basic needs of a human being is to
feel important, or special, and the lawyer who keeps this in mind and helps his or her client feel
important and special is the one who will ace the high school of relationships.
Another way this is often expressed is that a lawyer must have high “emotional intelligence”, and
Nick Marson in “How to Engage With Clients Using Emotional Intelligence” suggests that the
following steps are key:
· Treat your clients as people first
· Tune in to your client’s emotional state
· Encourage your clients to share their feelings with you
· Make clients feel fully heard and fully understood
· Understand that your clients’ perception of reality is their truth
· Try to find shared meaning and purpose with your client, and
· Smile a lot
To this list can be added :
Call your client by name
Radiate confidence, competence and conviction, and
Show your enthusiasm
Develop a Relationship of Trust With Your Clients
David Maister in The Trusted Advisor identifies four components of trust:
· Credibility
· Reliability
· Intimacy (that is, relating to the other person as a human being), and
· Client orientation
How does one develop a trusting relationship with a client? It seems that one of the fundamental
rules is to always do exactly what you say you are going to do so the client can come to rely on
your word.
Other ways to develop trust include:
Always meet the client’s expectations.
At the commencement of a project or assignment manage the expectations of the client by
{C0354358.DOC;1}
13
establishing a timetable and a budget. Then make sure that you meet the deadline for the project,
and come in on budget. Other expectations that you may want to clarify are: the steps you will be
taking, how long they will take, what might affect the timing and costs, who else will be working on
the file, and how payments are to be made.
Honour all other promises to the client.
If you say you are going to send the client something, for example, then do so immediately.
Keep the client informed of the progress you are making on the project or assignment.
Don’t make the client phone you for a progress report, give the client a call, or send out frequent
status reports.
In a nutshell, then, make sure there are no surprises for the client.
Readily admit your mistakes.
Honest communications with a client are essential, including admitting your mistakes candidly.
Cut back or cancel your bill, with an apology, in the event of a mistake.
Give a premium to the client as compensation for making a mistake.
For example, a ten percent reduction in your fee on the next project.
Invite complaints and feedback from the client.
So you know how to improve your services, and so that you can find out about client concerns
before they grow to the point where they are irresolvable.
Give what amounts to a guarantee of service to the client.
Such as, if the client is not happy with the work or service, then the bill is cancelled and any
monies paid are returned. This concept of giving a guarantee might sound extreme, but the good
will this generates is remarkable, and you will develop a reputation for standing behind your
product.
The “Feel Good Factor”
It has been said that people will forget what you said; people will forget what you did; but people
will never forget how you made them feel.
It is therefore very important to leave them feeling good. How can a little guy lawyer generate this
“feel good factor”?
Above all else, return your clients’ phone calls promptly.
This seemingly trite advice is actually based on a basic human need, the need for respect. As
has been flagged by Joe Gerber in “Marketing a Litigation Practice” , failure to return phone calls
signals a lack of respect to a client, and it is this lack of respect that will poison the relationship.
Make sure the client knows that you are glad to see them, and greet them in a friendly
manner.
People like those whom they see as liking them.
Make sure all your staff are friendly as well.
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14
Hire your staff for their attitude and their client orientation, and train them for their skills.
Introduce your staff to the client.
And let the client know if they should call your key staff if they are unable to reach you.
Always personally conduct the first meeting and other key meetings with your client.
So that they do not feel “sluffed off” if they are relegated to meet with your subordinate.
Never give your clients the impression you are too busy for them.
It seems to be a knee-jerk reaction of lawyers to respond to the question of “How are you?” by
launching into a tale of how busy they are – this is also a mistake flagged by Joe Gerber. You
may be busy, but you are never too busy for your client, or to meet your client’s future needs.
Never allow a meeting with a client to be interrupted.
And thereby signal they are the most important matter to be dealt with by you.
If you receive good news for a client, such as a settlement cheque, deliver it personally.
When communicating with the client use inclusive words like “our” and “we”, as in “Our
next step is to…”
Let the client hear their favourite words: “Let me take care of this for you”, and thereby
ease their burden.
Do small favours for your client without charge.
Make sure you know the names of all members of your client’s team-and use them.
If you are discounting a fee or not charging for an item, mark this clearly on your bill.
Send a letter of welcome to new clients.
Be accessible.
Make sure your client can contact you when needed-give your clients your direct line, cell
number, fax number, email address and your web address. Let your clients know they are
welcome to call any time.
Be convenient.
Make sure you take credit cards and have convenient parking.
Be responsive.
Meet emergency needs, staff to make sure you can meet the work flow, and don’t charge a
premium for rush or special requests.
And perhaps above all else, be fun to work with – life is too short not to have fun.
Given these three underlying principles of relationship marketing, what are some specific
approaches that can ensure a well nurtured client relationship?
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Stay in Touch
It is said that there is a hierarchy of communications with the client, and that you should strive to
communicate with a client:
· face to face
· on the telephone
· by email, and
· by direct mail,
in that descending order.
“Marketing is a contact sport”, and the higher the personal touch, the more effective the
marketing.
Thus, perhaps the most effective investment of your marketing time can be simply meeting with
your clients, off the clock, at their offices or business premises. What’s new with the client? Can
you have a tour of the office? Can you meet the new staff that have come on board since the last
time you were there? And how about lunch?
I have developed a personal policy regarding staying in touch, based on the best piece of
marketing advice I ever received.
Larry Bodine of The Law Marketing Portal (www.lawmarketing.com) attended a lecture by Nido
Qubein to an Institute of Management Consultants conference in Nashville, and shared his notes
with his listserv colleagues on May 2, 2004. Included in Mr. Qubein’s advice was the advice to
make sure you have at least four contacts, or “pings”, with a client or prospect each day. These
pings can be by way of email, phone or personal visit, but the bottom line requirement is there
must be some kind of meaningful exchange for it to count.
Larry quoted Mr. Qubein as saying “Every single day, call or write four clients or prospects. That’s
20 people a week, 1,000 people a year. “It doesn’t matter what the reason is, just call to see how
they’re doing. I cannot tell you the power of this idea”, he said. “Remember, if you are out of sight,
you’re out of mind.”
By ensuring at least four daily contacts with your clients and prospects, you are ensuring that
your relationships are constantly attended to, and that you are rolling in a somewhat random way
through your “rolodex”.
I have taken this advice to heart and, on the theory that what is measured is what gets done, I
diligently track my daily “pings” in my contact management system. That way I ensure I have
made my required daily contacts. If four o’clock rolls around and I have not made my quota, I pick
up the phone and start calling.
A Meticulously Maintained Contact Management Database is Imperative
The first step to staying in touch with your clients is creating a meticulously maintained contact
management database. I use the ACT software system, but whatever system you choose to use,
it is important that you keep critical information about your clients so that you may target tailor-
made marketing to them and have sufficient information about them to develop your relationship.
Keep in mind the federal and provincial privacy legislation in maintaining your contact
management system, and adhere to the legal requirements.
Assuming that you have done so, it is helpful to keep key information about individuals, noting
their:
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· home town
· schools and universities
· names of their spouse or significant other, and children
· birthday
· exact title
· names and types of their pets
· hobbies
· and, most importantly, notes of all conversations and contacts you have had with them,
especially any feedback you may have received.
Who will you place in your contact management system? I suggest you include your:
· clients
· past clients
· prospects
· referral sources
· media contacts, and
· all entries having to do with your personal life
As your marketing program develops and your contact management database grows, this “house
list” will become more and more important to the running of your business, and your most
valuable business asset. It is important to update your backup of your contact management
database daily, and to place a new backup copy in your safety deposit box once a week.
When a new client contacts you, be sure to ask where they got your name, so that you will know
which part of your marketing program is working. In most contact management systems there is
a place to enter the source of the client, and you can track your marketing results in this fashion.
You can also use your contact management database to schedule your marketing activities, such
as follow up calls to clients to see if they are happy with your work.
A contact management database is key, however, for targeted direct or email marketing to
designated groups. Your contact management system should allow you to designate your
clientele as belonging to certain subgroups, perhaps according to industry membership or
relevant areas of law. Then, when you are sending email alerts, for example, you can target their
specific areas of interest and make your marketing highly relevant.
“Ping” Once a Week
Ideally, you will be in touch with, or “ping”, individuals or selected groups of individuals within your
contact management system on a weekly basis. In addition to meeting with the client or calling
them on the phone, you can do this by sending email alerts, your newsletter, personal clippings of
interest, or a more traditional handwritten note.
I am a big fan of the handwritten note, as it shows good manners, is more personal, and, if you
send a hand addressed card or postcard, it is almost always read.
I keep an inventory of stationery at hand at all times, as well as “fun” postcards on which I can
send short messages.
I send:
· Birthday cards
· Christmas cards (no later than December 7)
· “Milestone” cards, such as the anniversary of our lawyer/client relationship
· “Success” cards, to celebrate a big win of the client, a client promotion, or an honour
received by the client, etc.
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· Sympathy cards, for the loss of a family member, the end of a relationship, etc.,
· “Happy retirement” cards,
· New home/office cards, and, of course
· Thank you cards, especially for a referral
Fun postcards are easy to send and generate good will. I send postcards to:
· Thank clients for a cheque received
· Send a general note of thanks or appreciation
· Thank the various lawyers working with me on projects for a job well done
· Confirm a detail of a conversation, such as specific instructions, and
· Capture a spontaneous thought that I want to communicate
How Am I Doing?
An important piece of marketing advice is to simply call your client at the close of every project or
assignment and make sure that they were happy with the work done, and if not, how you can
make it right. If this sort of “how am I doing” phone call is made each and every time you
complete an assignment for a client, they will come to expect it, and in time will give you very
candid feedback. This is invaluable for teaching you how to improve your legal services and
letting you constantly adjust along the way. It also communicates to the client that you care about
the quality of your legal services, will stand behind your product and will make the extra effort to
make things right, if necessary.
More formal surveying can be done, of course, but for the “little guy” this seems somewhat
onerous. One idea is to simply have cards printed with these three questions and to insert this
card in every bill that goes out:
· What did you like about what we did?
· What did you not like?
· What would you like us to do differently?
Every summer, during what is for me the slow time, I schedule a “how am I doing” meeting with
my key clients, when I go to their offices and spend some time meeting with them and engaging
in a year-end review. This is an excellent way to stay in touch with your clients, and receive the
candid feedback that you need. It also allows you to tune into the subtle rhythms of your client's
office or place of business, and meet any new people that have come on board since your last
visit.
When I return to my office from these meetings I summarize the actions that the client has asked
me to take in order to improve my service in a letter to the client, and tell the client exactly what
steps I am going to take in order to address his or her concerns.
Thank You For Putting Your Trust in Us
Another excellent piece of marketing advice is to thank your client at the end of every project or
assignment for simply putting their trust in you. If it was a big matter which required many hours
to complete, consider having a closing dinner to celebrate your success with the client. For
lesser matters, perhaps a “completion meeting” will be enough, where you meet with the client,
review the war story of your time together, and thank the client for putting their trust in you.
Another idea for lesser matters is to simply send a “closure letter”, which summarizes the work
done, explains the status of the file, and encloses necessary documents for the client. Let the
client know of the other legal services that you offer and that you welcome recommendation of
your legal services to others. The letter should conclude, of course, with a thank you to the client
for putting their trust in you.
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Presentation is Everything
There is much talk amongst the big movers and shakers in the legal industry about “branding”,
but it really boils down to: “Everyone has a brand, with people, we call it personality.”
What this means is that presentation is everything, and the solo/small/specialized lawyer must
pay attention to detail and design in all matters emanating from his or her office.
Thus:
All materials should be coordinated so that they have a matching presentation, including
your business card, “compliments of” card, envelopes, letterhead, fax cover sheet,
brochure, and website.
Your bills should be clear and crisp, with no typos, and no mathematical errors.
All of your documents should be clear and crisp, with no typos, and printed on high
quality paper.
All of your labels should be professional.
You should take care to communicate in plain English with your client.
Be the Expert
One of the keys to effective marketing for the solo/small/specialized lawyer is to build a profile as
an expert, so you become the “go-to” person in that area of law. If you are successful in
establishing yourself as the expert, clients will come to you rather than you having to seek them
out.
Thus, a winning strategy is to specialize in a narrow area so that you may build your expertise.
You can then establish your credentials as the expert by:
· Publishing articles on your area of expertise in trade or professional magazines which are
read by your clients, or in local or specialized newspapers.
· Copying your articles to everyone who is interested in the area in your contact
management database.
· Writing a regular column for a trade or professional magazine or newspaper read by your
clients.
· Advertising selectively in the trade and professional magazines or newspapers, in order
to support your article or column.
· Giving some thought as to where your clients meet and arranging to give seminars or
speeches to target audiences in these forums.
For example, if you are a personal injury lawyer, try to give a speech to the Brain Injury
Association. Or do your clients meet in trade associations, service clubs, local libraries, book or
investment clubs, church basements etc.?
· Turning your speech into an article and publishing it as above.
· Approaching the organizers of legal education seminars and asking to be designated as
a speaker.
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· Getting involved in the executive of your professional or clients’ trade associations.
· Teaching at a local university or college.
· Sending email alerts to your clients on their targeted areas of interest.
Develop Educational Handouts
One of the key goals of your marketing program should be to expand your contact management
database so that you may prospectively market by way of email alerts, articles of interest etc.-
your weekly “pings”. One of the ways to “capture” new entries for your contact management
database is to create educational handouts which you can offer to mail or email to the person
expressing interest upon receiving their relevant contact information.
These handouts usually take the form of “Frequently Asked Questions” or tip sheets on specified
areas of interest. For example, for a personal injury lawyer, steps that should be taken following
a car accident.
In your advertising you can place a line such as: “For free information as to . . . please call or
email…”, and capture the contact information this way.
Or, for example, you can have a subscription newsletter on your website that will capture contact
information; or have people submit their contact information through your website query form so
that you can email to them handouts by way of reply.
Create a Newsletter
In my opinion a well done and consistently produced newsletter is fairly onerous for a
solo/small/specialized lawyer to achieve, and email alerts and a simple emailing of targeted
articles of interest etc. are just as effective. In the event that you want to produce a newsletter,
however, the advantages are that a general newsletter can be distributed to the whole of your
contact management database.
Ideas to include in your newsletter are :
· Facts and advice about the law in the area that you handle
· Summaries of successful cases you have handled
· Dates of future seminars, speeches etc. you will be giving
· Educational articles that you have obtained from other sources
· Answers to commonly asked questions that your clients may have
· Facts about your background, your staff etc. such as who just had a baby, and
· Your website address
The bottom line is the newsletter should be welcoming and friendly and generate that “feel good
factor”.
Develop a Website
The key significance of a website to a solo/small/specialized lawyer seems to be that it is, at
minimum, a 24 hour electronic brochure. People will want information about you before they hire
you, and they can obtain this information about you in an unobtrusive way if they can simply
check out your website. For this reason it is important to have some information about yourself
and your services on your website, including your credentials and the areas of law that you
practice in.
The design of your website will be extremely important, as it will be part of your “branding” and
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20
give an insight into your “personality”. You should therefore have a friendly photograph of yourself
on your website, prominently featured, and include some biographical information so that people
can make a personal connection with you.
Other suggestions are to include your:
industry experience, or expertise in your particular area of law
a list of your representative clients
specific services provided, and
a review of some success stories that you have had so that clients can tell what it will be
like to work with you
It is important to constantly add new material to your website in order to keep it fresh and to help
with its “rankings” in the search engines. This is easy for me to achieve as I publish two or three
articles per quarter and can add them to my website for fresh material. I think this would be a
little more difficult to achieve for the typical solo/small/specialty lawyer who is not frequently
publishing and they will have to use their creativity to find some fresh material to add. If you are
publishing a newsletter, this can serve as your regular new content.
Networking
As marketing is a “contact sport”, networking is key. I try to achieve my networking goals by
having at least one lunch with a client or prospect each week and by rigorously adhering to this
requirement. Some advice that I have found helpful on networking is:
• Join the trade associations of your clients and prospects and network within these
associations.
• Be sure to read your clients’ trade magazines before you show up at a networking event
so that you are able to discuss the issues of concern to them.
• Be sure to show up when it is difficult to do so, for example, on a forty below evening, as
the other people in attendance will be highly motivated and a smaller group for you to
interact with.
• Be sure to add the business cards you receive at your networking event to your contact
management database that very night, while the people are still fresh in your mind and
you can add meaningful notes.
• Carry a handheld tape recorder at all times, so you can dictate notes regarding the
people you meet, to be entered into your database later.
• Skip the “elevator speech”, wherein you give a canned message as to who you are and
what you do, and strive to be sincere, learn about the other person and find areas of
mutual interest.
• Ask engaging questions of the other person so that you can have a high energy
conversation, whereby you will be remembered. Two of my favourite questions are “How
did you get started in your career?” and “What are you reading lately?”
• Give people the opportunity to talk about whatever they like when they are free to talk
about anything-and you’ll find out who they really are.
• Network within your local bar associations so that you may meet your fellow lawyers and
perhaps get referrals from your colleagues.
• If you join an association and volunteer to do some work, give this work the attention you
would a paying assignment, as your reputation and credibility will be at stake within the
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association.
These then are the insights I have gained on relationship marketing over the last twelve years in
developing my legal research business from a solo pursuit to one now staffed by nine lawyers.
It is a different world when it comes to marketing for the solo/small/specialized practitioner – one
in which “relationship marketing” is key. Perhaps the bottom line is, as well as being “the little
guy”, you must also be “the go-to guy”, and “the nice guy”
With thanks to Peter O’Brien, Walter Kubitz, Paul McLaughlin, Diane Pettie, Charmaine
Toms and Glen Marko for reviewing this article.
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BENEFITS OF MEMBERSHIP IN AWL
AWL is committed to promoting the advancement, interests, equality and well being of all women
in the legal profession. Our members come from varied personal backgrounds as well as from
diverse professional milieus including practitioners of all ages and in all areas of the law. Our
members include sole practitioners, associates or partners in small, medium or large law firms, in-
house counsels, Crown Prosecutors, businesswomen, law students, articling students, retired
lawyers, politicians and even patrons from the judiciary.
The nominal membership fee of $25 allows members of AWL to benefit first and foremost from
interaction with other members and from exposure to the wide variety of talent, experience and
mentoring capabilities of the membership at large. Other benefits include:
networking and marketing opportunities
social events such as the Golf tournament and the famous cooking class
unique professional development and educational programs including the Celebrity
Spring Luncheon and a number of Lunch & Learn events every year
recognition of members’ contribution to the profession
email notification of upcoming events
special rates for some functions
free attendance for members for the Christmas Celebration and for the Spring Luncheon
honouring women lawyers recently admitted to the Bar
mutual support and fun
the quarterly AWL newsletter in electronic format
opportunity to contribute to AWL and to the AWL newsletter and website
Members are encouraged to provide feedback, ideas and comments to ensure AWL continues to
be responsive to your needs. To join please visit our website at www.awlcalgary.ca to obtain a
copy of the application form or contact our President, Marcia Johnston, as we would like to
welcome you as our newest member and colleague.
2006 MEMBERSHIPS ARE DUE
PLEASE RENEW YOUR MEMBERSHIP NOW
APPLICATIONS FORMS ARE AVAILABLE ON OUR WEBSITE:
www.awlcalgary.ca
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A SPECIAL THANKS TO AWL PATRON MEMBERS
AWL wishes to acknowledge the
support of our many Patrons who have
made such a significant contribution to
our success over the years. Our thanks
are extended to our current Patron Members:
Judy Boyes, Q.C.
Jennifer Edwards
Virginia Engel, Q.C.
Dina Honke
Marcia Johnston, Q.C.
Gwen Randall, Q.C.
Francine Swanson, Q.C.
We also have several members of the judiciary who have become Judicial
Patrons, some of whom have requested we not publish their names. We will
recognize the Judicial Patrons whom we are able to, in a future newsletter.
We also wish to recognize Fraser Milner Casgrain LLP who is a
Firm Patron and who has supported our
activities on many occasions.
AWL wishes to thank all of our Patrons
for their continued support.
If you or your firm would like to become a Patron of AWL please contact Barbara Snowdon
(Membership Chair) at 440-3153 or barbara.snowdon@aircanada.ca
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RESEARCH ADVERTISEMENT
Do you know any women who used to be lawyers or teachers and are now
in different careers?
Research is currently being conducted through the Department of Sociology,
University of Calgary, to explore midlife career change of professionals. We’re
interested in interviewing women who have left the practice of law or teaching
and are now engaged in an unrelated career. The purpose of the study is to
understand how and why people make the transition to a different type of job.
Participants must be around 30 at the time of career change, have worked as a
teacher or lawyer for approximately ten years, and are currently working in their
new job.
If you or someone you know has made a midlife career change, we encourage
you to participate in this exciting research project.
For more information, please contact:
Brian Mellor
Master’s Candidate, Department of Sociology
University of Calgary
Phone: (403) 668-0969
Email: bemellor@ucalgary.ca
_____________________________________________________________________________
Association of Women Lawyers,
Marcia Johnston, President
th
2600, 500 – 4 Avenue S.W, Calgary, Alberta T2P 2V6
(Phone) (403) 444-4413 / (Fax) (403) 265-1241
Email: mjohnston@jedoil.com
NEWSLETTER SUBMISSIONS:
Kathryn Hordienko, AWL Newsletter Editor
th
1900, 350 - 7 Avenue S.W., Calgary, Alberta T2P 3N9
(Phone) (403) 260-8583 / (Fax) (403) 264-7084
Email: khordienko@fieldlaw.com
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