Attorneys Final

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					Raise the bar on your knowledge
of the Attorney Market

         A comprehensive overview of the legal profession
                                  Market Highlight Report, Winter 2011

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                          Guardian, its subsidiaries, agents or employees do not provide legal or tax advice.
                                  Market Highlight Report
                                             Winter 2011

General Overview

Description, Roles, Job Duties
Lawyers, also called attorneys, act as both advocates and advisors in society. As advocates,
they represent one of the parties in criminal and civil trials by presenting evidence and arguing
in court to support their client. As advisors, lawyers counsel their clients about their legal rights
and obligations and suggest particular courses of action in business and personal matters.
Whether acting as an advocate or an advisor, all attorneys research the intent of laws and
judicial decisions and apply the law to the specific circumstances faced by their clients.

Many lawyers are in private practice, concentrating on criminal or civil law. In criminal law,
lawyers represent individuals who have been charged with crimes and argue their cases in
courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts,
mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or
criminal—concentrating on particular causes and choosing cases that might have an impact on
the way law is applied. Lawyers sometimes are employed full time by a single client. If the client
is a corporation, the lawyer is known as “house counsel” and usually advises the company
concerning legal issues related to its business activities. These issues might involve patents,
government regulations, contracts with other companies, property interests, or collective-
bargaining agreements with unions.

Self-employed vs. Privately employed
Lawyers held about 759,200 jobs in 2008. Approximately 26% of lawyers, or over 212,000, were
self-employed, practicing either as partners in law firms or in solo practices.

Salaried lawyers usually have structured work schedules. Lawyers who are in private practice or
those who work for large firms may work irregular hours, including weekends, while conducting
research, conferring with clients, or preparing briefs during non-office hours. Lawyers often work
long hours; of those who work full time, about 33% work 50 or more hours per week.

Source: Occupational Outlook Handbook, 2010-11 Edition. Bureau of Labor Statistics. 16 June 2010

Job Growth
Employment of lawyers is expected to grow 13% during the 2008-18 decade, about as fast as
the average for all occupations. Growth in the population and in the level of business activity is
expected to create more legal transactions, civil disputes, and criminal cases. Job growth
among lawyers also will result from increasing demand for legal services in such areas as the
     • healthcare
     • intellectual property
     • bankruptcy
     • corporate and security litigation
     • antitrust law
     • environmental law.
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In addition, the wider availability and affordability of legal clinics should result in increased use
of legal services by middle-income people. However, growth in demand for lawyers could be
constrained as businesses increasingly use large accounting firms and paralegals to perform
some of the same functions that lawyers do.

Source: Occupational Outlook Handbook, 2010-11 Edition. Bureau of Labor Statistics. 16 June 2010

Becoming a lawyer usually takes 7 years of full-time study after high school—4 years of
undergraduate study, followed by 3 years of law school. Law school applicants must have a
bachelor’s degree to qualify for admission. To meet the needs of students who can attend only
part time, a number of law schools have night or part-time divisions.

Although there is no nationwide bar examination, 48 States, the District of Columbia, Guam, the
Northern Mariana Islands, Puerto Rico, and the Virgin Islands require the 6-hour Multistate Bar
Examination (MBE) as part of their overall bar examination; the MBE is not required in Louisiana
or Washington. The MBE covers a broad range of issues, and sometimes a locally prepared
State bar examination is given in addition to it. The 3-hour Multistate Essay Examination (MEE)
is used as part of the bar examination in several States. States vary in their use of MBE and
MEE scores.

Many States also require the Multistate Performance Test to test the practical skills of beginning
lawyers. Requirements vary by State, although the test usually is taken at the same time as the
bar exam and is a one-time requirement.

In 2008, law school graduates in 52 jurisdictions were required to pass the Multistate
Professional Responsibility Examination (MPRE), which tests their knowledge of the ABA codes
on professional responsibility and judicial conduct. In some States, the MPRE may be taken
during law school, usually after completing a course on legal ethics.

Source: Occupational Outlook Handbook, 2010-11 Edition. Bureau of Labor Statistics. 16 June 2010

Related Occupations

The related job titles below require some level of legal training even if a law degree may not
always be necessary:

   -   Working in the legal realm of academia
   -   Paralegal
   -   Legal Secretaries or Assistants
   -   Litigation Support/IT
   -   Judges, magistrates and other judicial workers, such as arbitrators
   -   Law Clerks
   -   Title examiners, abstractors, and searchers

For more information on training qualifications, responsibilities, salary ranges and the like for
many of these related professions, visit the Bureau of Labor Statistics website and click on the
appropriate option under “Related Occupations:”

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Lawyers in Today’s Economy

Impact of the Recession
Job opportunities often are adversely affected by cyclical swings in the economy. During
recessions, demand declines for some discretionary legal services and layoffs occur. Some
specialties that have been adversely affected deal with the following:
   • planning estates
   • drafting wills
   • real estate transactions

Several factors, however, mitigate the overall impact of recessions on lawyers; during
recessions, for example, individuals and corporations face other legal problems, such as
bankruptcies, foreclosures, and divorces—all requiring legal action.

Also, many corporations are less likely to litigate cases when declining sales and profits restrict
their budgets. Some corporations and law firms will not hire new attorneys until business
improves, and these establishments will also cut staff to contain costs.

More specifically, the recession is putting increasing pressure on law firms to slash spending
and discount their services. Client demand for lower prices is prompting firms to outsource
some of their document work to India, hire more temp or contract lawyers, shift from billable
hours to fixed fees and eliminate staff.

In fact, one trend is seeing attorneys leave their jobs at blue chips law firms to join “virtual” law
firms, much better suited to the current economic conditions. These firms do business mainly
over the phone and Internet and through video conferencing. Because virtual firms lacks two of
the biggest cost drivers -- a prestigious brick-and-mortar office and associates – attorneys can
offer clients substantial savings compared with what they paid before. In addition to virtual law
firms there are a great deal of online resources, such as that have reduced
the need for law firms to take on smaller cases.

There are many blogs and websites such as that focus on current trends
and the role of the attorney in today’s changing marketplace. This website and others like and also list law firms that have been laying off
attorneys and staff in the last two years.

Source: “Recession sends lawyers home.” 9 March 2009. V. Dion Hayes. 17
July 2010. <>

The Impact of Financial Reform

The Financial Reform Bill signed in July 2010 has been touted as a comprehensive overhaul of
the country's financial regulatory system, with implications for everyone from public companies
to investment shops and mutual funds to insurance companies. New agencies have been
created and existing agencies have been given broader authority to regulate the financial
services industry.
"This whole bill creates a whole new realm of legal work," Michael Bleier of Reed Smith in
Pittsburgh said of the recently passed Dodd-Frank Wall Street Reform and Consumer
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Protection Act of 2010. He added, "I tell our junior lawyers here that this is a great time to be
practicing banking law."
Law firms have already been positioning themselves as leaders on the financial overhaul,
sending out client alerts, advising clients on where they think the bill might go and creating
internal task forces to tackle the broad array of issues facing their clients.
With a more complete picture of what and whom the bill will cover now that it’s signed, those
same attorneys and law firms are setting up seminars for current and prospective clients and
watching for the 200-plus regulations yet to be drafted that will truly give this bill effect.

Another opportunity that will get the attention--and billable hours--of attorneys is Section 342
which would create an "Office of Minority and Women Inclusion" in each of the 20 or so
financial-services agencies that are expected to be formed as a result of the legislation. These
offices would be responsible for all matters "relating to diversity in management, employment
and business activities." However, these new offices would not be responsible for enforcement
of various civil rights laws.

So what would be the duties of these offices? To develop standards for the following:

    •   equal employment opportunity and the racial, ethnic, and gender diversity of the
        workforce and senior management of the agency;
    •   increased participation of minority-owned and women-owned businesses in the
        programs and contracts of the agency, including standards for coordinating technical
        assistance to such businesses; and
    •   assessing the diversity policies and practices of entities regulated by the agency.

These are just a couple of examples of why the Financial Reform Bill is being viewed very
favorably in several law circles.

Sources: “New Financial Reform Bill May Be Boon for Law Firms.” Gina Passarella. The Legal
Intelligencer, July 20, 2010.

“Financial Reform Bill Would Impose Diversity Requirements for Federal Contractors.” Daniel Schwartz
July 14, 2010.

Salaries for Attorneys

2010 Salary Information:
National Association for Legal Career Professions (NALP)

NALP’s new 2010 Public Sector and Public Interest Attorney Salary Survey documents that, in
general, practice experience brings with it relatively modest salary increases, particularly within
civil legal services organizations, a finding consistent with that of prior reports, the first of which
was in 2004.
     • The median entry-level salary for a legal services attorney in the U.S. is $42,000; at 11-
         15 years of experience the median is $62,550.

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    •     Pay for public defenders and local prosecuting attorneys is somewhat higher, with a
          median of $47,500 for entry-level public defenders and increasing to about $76,000 for
          those with 11-15 years of experience.
    •     For local prosecuting attorneys, the corresponding figures are $50,000 and $81,500.

Source: “New Findings on Salaries for Public Interest Attorneys”. September 2010. NALP Bulletin. 20
September 2010 <>.

As expected, each year of an associate’s experience brings several thousand dollars in
increased compensation: median salaries for eighth-year associates ranged from $102,500 in
small firms to about $230,000 in the largest firms, with a median for all reporting firms of

NALP's 2010 Associate Salary Survey shows that although the $160,000 salary for first-year
associates still prevails at large firms in a number of markets, including Chicago, Los Angeles,
New York, and Washington, DC, Other markets, such as Boston and San Francisco, the median
has dropped back to $145,000, reflecting salaries ranging from $110,000 to $160,000.

         Median Salaries for Associates in Private Practice by Size of Firm — 2004-2010

                            FIRMS OF 50 OR FEWER LAWYERS                             FIRMS OF 51-100 LAWYERS
                            2004         2006         2008           2010       2004         2006      2008      2010
First-year                 $70,000    $75,000       $80,000     $80,000       $81,000 $85,000 $95,000 $95,000
Fifth-year                 88,000      90,000        99,250      95,600        97,000    100,000 109,000 103,000
YEARS          FIRMS OF 101-250 LAWYERS                        FIRMS OF 251-500 LAWYERS
 EXP.        2004      2006          2008          2010       2004      2006          2008      2010
           $88,500 $90,000 $110,000 $105,000 $97,250 $115,000 $125,000 $125,000
           102,000 106,585          115,000 $120,000 115,570 135,500                 146,500 $144,000
          FIRMS OF 501+ LAWYERS
                    2006      2008          2010
First-year     $135,000 $145,000 $135,000
Fifth-year     168,645       183,000 172,500

    Median Salaries for Public Interest Attorneys by Type of Org. & Years of Experience

    Years of               Civil Legal           Public              Local Prosecuting              Public Interest
   Experience               Services            Defenders               Attorneys                   Organizations
Entry-level                 $42,000              $45,700                    $50,000                    $45,000
5 years                      49,435                62,280                   62,320                      53,560
11-15 years                  62,550                76,160                   81,500                      70,875

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Source: “Some Associate Salaries Retreat from Their High But Remain Far Ahead of Salaries for Public
Service Attorneys”. 9 September 2010. 20 September 2010

    •   Attorneys who are self-employed earn approximately $58K-$123K annually.
    •   Attorneys who work in the non-profit sector earn approximately $45K-$74K annually.
    •   Attorneys in New York, California, Texas and New Jersey are generally the highest paid.

Source: 16 June 2010. 16 June 2010.

The chart below from the May 2009 National Industry-Specific Occupational Employment and
Wage Estimates provides the mean annual salary for several legal professions.

Legal Occupations
                                                     Estimates                 Wage Estimates
 SOC Occupation Title (click on the            Employment Percent Median Mean           Mean     Mean
 Code occupation title to view an occupational     (1)    of Total Hourly Hourly       Annual    RSE
Number profile)                                                                          (2)      (3)
        Legal Occupations                           592,740 51.77% $36.36 $48.95 $101,810 0.9 %
        Lawyers                                     363,170 31.72% $57.29 $65.65 $136,540 0.9 %
        Arbitrators, Mediators, and Conciliators        620   0.05% $23.71 $28.19      $58,620 6.9 %
        Paralegals and Legal Assistants             179,350 15.66% $21.76 $23.30       $48,460 0.6 %
        Law Clerks                                   15,750   1.38% $16.39 $19.28      $40,100 1.9 %
  23-   Title Examiners, Abstractors, and
                                                     28,910   2.53% $17.95 $19.38      $40,310 1.4 %
 2093   Searchers
        Legal Support Workers, All Other              4,930   0.43% $20.66 $22.77      $47,350 2.6 %

Key Issues

Generally speaking, the law profession has a number of serious issues that many professionals,
groups and firms who are committed to the industry are working to address. Among those are
diversity issues and the significant pay gap between male and female law firm partners.

Pay Gaps Among Law Partners

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Regarding the issue of pay gaps, "A recent Census Bureau report revealed that the median
income of women lawyers is only 74% of that of male lawyers,” note Roberta Liebenberg and
Catherine Lamboley.

Liebenberg and Lamboley are, respectively, the chair and a member of the American Bar
Association Commission on Women in the Profession, which collaborated on the survey “New
Millenium, Same Glass Ceiling? The Impact of Law Firm Compensation Systems on Women”
with the Project for Attorney Retention and the Minority Corporate Counsel Association.

Although conventional wisdom says women lawyers are paid less due to a stronger focus on
family, responses from the almost 700 partners surveyed suggested that being bullied out of
origination credit and omitted from compensation committees may play a more significant role in
an apparent gender-based pay gap.

The survey found that women partners earn 22% less than what men earn.

Source: “Survey Finds ‘Deep Vein of Anger’ Among Women Partners Over Law Firm Pay Gap.” Martha
Neil. July 7, 2010.

Diversity Issues

The data is already 10 years old but it shows that the overwhelming number of lawyers are men
71% with 29% women and, for both genders, those numbers overwhelming reflect professionals
with white ethnicity. ( Law firms that are
interested in changing these percentages, specifically by taking steps that will improve
prospects for women of color in law firms, can download a free report on Success Strategies for
Law Firms and for Success Strategies for Women of Color in Law Firms at the following link: Associations that promote and
support attorneys of color are listed on page 8 of this report.

Alliances: Networking with Attorneys

Marketing and networking through social media is an increasingly important realm for attorneys.
Depending on the type of work they do, many are required to bring in a certain number of clients
and billable hours per year. More than ever, active networking–digitally or the old fashioned
way—is key to their success. In addition to the popular social media sites like Facebook and
LinkedIn, new targeted websites like are increasingly popular. In fact, one can click
on a link such as the one below and easily find out which attorneys in a particular state are
actively using this network: Of course, smart attorneys, like all
smart professionals, need to be especially savvy with regard to how to use these online
networking tools and how not to use them to avoid potential liability.

In August 2009, Fox Coaching Associates created HubStreet1, a social networking site designed
to bring together accountants, lawyers and bankers, and foster referrals. HubStreet members
create professional profiles and interact with other professionals who are their target referral

  Links to other sites are for your convenience in locating related information and services. The Guardian Life Insurance Company of
America (Guardian) does not maintain these other sites and has no control over the organizations that maintain the sites or the
information, products or services these organizations provide. Although Guardian believes that the information from these
organizations is reliable, we cannot guarantee its completeness or suitability for any purpose. Accordingly, Guardian expressly
disclaims any responsibility for the content, the accuracy of the information or the quality of products or services provided by the
organizations that maintain these sites. Guardian does not recommend or endorse these organizations or their products or services
in any way.
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sources. HubStreet features both virtual and face-to-face networking events in which members
are able to meet up and learn more about how they can assist one another in their businesses
and practices. A site coach and a community director help members participate.

Users can leverage the site for the following purposes:

   •   posting articles, presentations or materials for classes they are leading, for example;
   •   register for courses at HubStreet University;
   •   receive personalized guidance from HubStreet’s career coach;
   •   learn about and attend live events in their geographic business area;
   •   participate in business forum discussions and share personal interests in the HubStreet
   •   and learn about new career opportunities by building a high-quality network.

For more information, visit:

What’s more, attorneys have a lot of knowledge, much of which they don’t always get to use in
their daily work setting, therefore the world of blogging holds a great deal of appeal. When you
come across an attorney that you would like to get to know better who is on a site like or likes to blog, be sure to reach out and connect digitally. It will likely lead to an
in-person discussion.

Another way of increasing your knowledge and your network is to “follow” attorney firms that you
respect on or Twitter. You will then frequently receive automatic updates on
what’s happening at the firms you are following.

The bottom line is most attorneys want to add value to their clients and be treated well by their
strategic alliances and colleagues. Just as you would expect an alliance partner to do for you,
be clear on their areas of expertise, be interested in their success, accept or offer invitations that
will provide positive exposure and send them solid business leads whenever possible.

How Insurance Professionals Can Support the Market

The points outlined below can serve as talking points to help uncover possible alliance
opportunities with attorneys.

An attorney can use a well-educated financial professional to provide the following:

   •   Insight during financial, wealth management and estate planning reviews or during life
       insurance coverage discussions.
   •   Valuable and current product knowledge.
   •   Expertise across a broad range of life, disability and annuity products.
   •   Suggest and provide strategies based on experiences with similar clients and needs.
   •   Offer tax-favored strategies. As attorneys know, many insurance products can provide
       tax leverage.

Getting involved in local associations that support attorneys in your community is a tried and
true means of getting positive exposure and connecting with active attorneys. Consider
sponsoring a local Chapter of the National Association of Women Lawyers, for example. Often
these organizations are not recognized by sponsors as much as larger groups. Sponsoring an
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organization such as this may provide you with a quicker means to meaningful exposure. See
the list below for links to national organizations, many of which have local chapters near you.

Find out what charities various law firms that you respect support and become familiar with their
foundations. Often these foundations provide scholarships to students interested in the law
profession. Talking to your clients and friends about the activities and interests of these firms
will spread positive exposure for the firm--or the group--and put you in a favorable light.

For more ideas on marketing to Attorneys, also review the Market Development Pyramid and
accompanying Marketing Checklist on page 11 of this report.

National Associations

American Bar Association
[This organization has an Associate Membership level for $175, annually, for professionals who
have an interest and law and seek “access to the wealth of ABA benefits to develop a
competitive advantage in their field.”]

The ABA is the largest voluntary professional association in the world. With more than 400,000
members, the ABA provides law school accreditation, continuing legal education, information
about the law, programs to assist lawyers and judges in their work, and initiatives to improve the
legal system for the public.

To learn more about networking with the ABA, contact:
American Bar Association
321 North Clark Street
Chicago, IL 60654-7598

National Association of Women Lawyers
[Membership is restricted to lawyers but sponsorship opportunities provide alternative access.
See link below for more.]

The National Association of Women Lawyers (NAWL) is the leading national voluntary
organization devoted to the interests of women lawyers and women's rights. Founded over 100
years ago, NAWL has historically served as an educational forum and an active voice for the
concerns of women in the legal profession.

NAWL is currently looking for Annual Sponsors - Annual Sponsors of NAWL, provide support to
help NAWL meet the needs of their growing membership by providing relevant resources,
programming and a network of legal professionals who support and advance the interests of
women in and under the law and, in so doing, supports and advances the social, political and
professional empowerment of women. The benefits of sponsorship are included in this

National Bar Association
[This organization is working to develop an Associate Membership level but it does not currently
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Founded in 1925, the NBA is the oldest association in America for African American lawyers
and judges. Visit the following link to learn more about their national conference and to see if
there’s a local chapter near you:
1225 11th Street, NW
Washington, D.C. 20001
(202) 842-3900

National District Attorneys Association
[It is not apparent that this organization would provide an Associate Level membership.]

The National District Attorneys Association is the oldest and largest professional organization
representing criminal prosecutors in the world. Its members come from the offices of district
attorneys, state's attorneys, attorneys general and county and city prosecutors with
responsibility for prosecuting criminal violations in every state and territory of the United States.

For more information on how best to network with the NDAA, contact:
National District Attorneys Association
Scott Burns, Executive Director
44 Canal Center Plaza, Suite 110
Alexandria, VA 22314
Fax: 703.836.3195

Hispanic National Bar Association
[This Association requires that professionals be from the legal professional, albeit, at any level
of involvement, i.e., paralegals and law students are welcome.]

The mission of the HNBA is to serve as the national voice for the concerns of Hispanics in the
community generally, and in the legal profession in particular. They also seek to promote the
recruitment and retention of Hispanics in law school and provide financial assistance. The
HNBA has numerous programs and initiatives that one can actively participate in, and
sponsorship opportunities abound:
1001 Connecticut Ave., NW, Ste. 507
Washington, DC 20036

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Marketing Checklist

      Narrow niches within the market to a reasonable size and scope.

      Visit websites and flag the best ones for ongoing reference.

      “Follow” companies and associations of interest on and join market-related

      Note names of at least 15 individuals that would be good Centers of Influence in the

      Conduct informational interviews and/or networking appointments
                    with potential strategic alliances also active in the market.
                    Ask for “personal introductions” to others in the market.

      Subscribe to market-related blogs and magazines, note calendar dates, editors names
      and sponsorship or advertising opportunities.

      Determine which association(s) is most worthwhile and attend networking events; obtain
      meeting with Association Director and be sure to “ask” more rather than “tell.”

      Determine a Unique Value Statement that appeals to the market and sets you apart from
      the competition.

      Announce your presence in the market through social media, letters, ads, and press

      Obtain membership lists for cultivation and look into targeted list buying if needed.

      Organize a mix of cultivation pieces. For example, avoid sending all email or all
      traditional mail. Aim for a minimum of six to twelve touch-points per year.

      Explore what types of seminar topics and/or guest speakers are of interest to this

      Contact local business journals and find out if they plan on dedicating a special issue to
      the market where you can advertise and/or get an article published.

      Consider offering a Continuing Education (CE) Seminar or becoming a CE Instructor. As
      part of your marketing plan, CE can be an effective means for cultivating Attorneys as
      centers of influence. The CE Unit at Guardian manages all aspects of continuing
      education for Guardian.      To learn more, contact the CE Unit via e-mail at

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                 SAMPLE One Page 90-Day Strategic Planning Template
                               Target Market Focus: Attorneys in (Region)

Three Year Vision: 150 Attorneys in Database; Refer and receive [XX] leads per mo.; Offer 2 CE
seminars for credit per year.

One Year Vision: 30 new Attorneys in Database with a min. of 5 who provide ongoing introductions

 90 Day Objectives/Tactics          Challenges                Action Items              Person   Date
                                                  -   Obtain local research & dig
1. Continue Research &                                deep into links in report;
Build Top 15 List                                     define profile of 15 Atty.’s to
                                                  -   Drill down to find out more
                                                      about individuals and create
                                                      a file.
                                                  -   Determine which
                                                      associations to join
                                                  -   Become active on
                                             and other
                                                  -   Ask for introductions

                                                  -   Come up with unique
2. Create Unique Value                                characteristics of product
Proposition and Brand                                 line and my approach
Statement                                         -   Get brand statement
                                                      approved by Compliance
                                                  -   Test out w/ Advisors

                                                  -   Vet communication
3. Build Cultivation Program                          materials
                                                  -   Select best approved
                                                      pieces (2 or 3)
                                                  -   Create New Approach
                                                      Materials as needed
                                                  -   Get approved
                                                  -   Set up first communication

                                                  -   Modify interview as
4. Conduct 5 Center of                                appropriate
Influence Surveys; goal is                        -   Send hand written thank
min. of 5 per month.                                  you notes & follow up on
                                                      any tasks/requests
                                                  -   Get responses from surveys
                                                      into database
                                                  -   Schedule more appts.

                                                  -   Make sure database can
5. Set up database/admin.                             manage cultivation process
needs                                                 for follow up, etc.

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