How the 'little guys' can compete.

Small-office practitioners have handled some of the largest and most complicated litigation in the country. In most cases, they are equipped to do it just as well, if not better, than the big firms with huge staffs.

Although small law offices lack the financial resources of the megafirms, small-office practitioners can compete by focusing on personal client relations, efficient case management, and tasteful marketing. These will allow the attorney to keep clients satisfied, do high-quality work, and maintain a positive public image. These are the keys to success.

There are dozens of reasons why a client is better off at a small firm. The greatest advantage is personal attention from you and your staff. It is reassuring to the client to know that all work done on the case will be under your personal supervision. In a small office, you can focus on the details of your client's matter, making the attorney-client relationship special.

The small law office can be like a family business. By emphasizing personal service, you can make your clients feel important and comfortable. The following tips on telephone etiqutte, for example, can make a big difference to clients.

* Avoid the automated receptionist. Impersonal computerized answering programs are a bad idea during business hours. Nothing is colder than a computer-generated voice giving an endless list of possible selections. Imagine the frustration of the poor soul who still has a rotary-dial phone.

A receptionist with personality is a vital asset. While the key to survival of any business is reducing overhead, the receptionist position is not the place to economize. Clients appreciate a friendly greeting, especially when their voices are recognized. This small gesture puts everyone at ease and makes the client feel important. Where the budget is tight, a cheerful high school student, with careful training, can do the job part-time during anticipated peak hours.

* Avoid the interminable hold button. Instruct the receptionist to let callers identify themselves before putting them on hold. Imagine the ire of a judge or court officer--or client--who is unable to give a name and is summarily placed in the twilight zone of hold. Certain calls must be given priority, but that cannot be done if the receptionist answers the phone with a curt, "Law office, please hold."

Also, you should avoid generic greetings. Ask your receptionist to use your name when answering the phone (as in "Good morning, Gary B. Pillersdorf and Associates, how may I help you?"). This also lets the caller know the correct pronunciation of your name.

* Be available after hours. For afterhours messages, the use of an answering machine is fine. Make sure, however, that the message is pleasant and sounds professional. You should have a machine that is accessible from outside the office so you or your staff can check it often.

* Return calls. Nothing is as discourteous as an unreturned call. Playing telephone tag, while annoying, avoids being downright rude. But generally, don't use this tactic to duck annoying calls. It's often faster and easier just to pick up the phone and deal with the issue. Candor and directness in difficult situations go a long way.

Like telephone manners, the appearance of your office also makes an impression on clients. Be aware of the statement your office makes about you. It should be functional and professional looking. It should send the message that you are efficient and organized.

The big firms seem to have an advantage in this area. Professional decorators, expensive artwork, and real marble floors are simply not wise investments for the small-firm practitioner. Do not try to get inexpensive imitations of the big-office look. Imitation marble tile looks like imitation marble tile.

Although you probably can't afford luxury, there are less costly ways to make your office reflect your professionalism and appeal to your clients.

* The waiting area. An inexpensive way to decorate the waiting room is to frame material that puts you in your best light, professionally and personally. If you settle an important case, send a press release to the local paper where the client lives. The story may not appear immediately

but on a slow news day, the human interest aspect of the case will register on the editor. Have a copy of the article professionally framed and displayed in the waiting room. You will be surprised how many people will read it.

Fill the waiting room with items of a personal nature. If you coach a team or lead a scout or church group, you probably have letters thanking you for your service. Again, nicely framed, these create a personal touch for the room. Photographs with politicians add an air of importance to the office, but you must consider the risks of associating yourself with a political point of view.

Magazines should be timely and of general interest. Having a copy of the daily paper in a waiting room, along with a pot of coffee, is a good way to make clients feel welcome.

* The path to your office. Clients should always be escorted to your private office. If possible, the path to your door should avoid the less attractive parts of the office. You might decorate the hallways with photos like those in the waiting area. Trial exhibits, professionally mounted and framed, instill confidence even before the client reaches your door.

* Your private office. Your office should convey that you are busy but not overworked. After all, no one wants to be squeezed into a lawyer's already overcrowded schedule. Clutter should be avoided. The thought of an important document being lost in the mess of a cluttered desk is disturbing to a client.

Novelty items or conversation pieces can help break the ice with a new client. Clients are often intimidated by lawyers, and it is important to make them feel comfortable as quickly as possible. An item in the office that attracts the client's attention and allows for some conversation on a subject other than the case can go a long way toward establishing rapport. For example, my credenza holds an eclectic collection of photos and items representing a lot of years of fife and practice: a golf trophy for most improved player, photos of my daughter's graduation and my son's football team, and a 1930s typewriter from a defunct newspaper. That last one is a favorite with clients.

Although phone etiquette and office decor are important in creating a professional yet personal environment, the key to good client relations is you. How you interact with clients ultimately determines how confident they feel about you and your practice.

Inspiring confidence begins with the initial interview Make sure the client understands that you will protect the confidential nature of the relationship and that anything said in confidence will not leave your office. Ask if the client would prefer that you close the door during meetings. Buzz the staff in the client's presence and ask not to be interrupted. This will let the client know that he or she is important to you.

Explain the process a case follows, and stress that you will handle the matter personally. Introduce staff members who will assist you, and emphasize the team effort.

Many clients have misgivings about using a small law firm, even if they don't say so. You should address this directly. Most clients appreciate your anticipating their concerns. While discussing this, never bad-mouth the competition. Explain that the larger firms are very successful, but you have decided not to give up personal relationships with your clients for a big, impersonal practice. Tell clients that bigger is not better when you are solving an individual's problems.

Case Management

The small-office practitioner must maximize the value of every case by knowing its details and moving it quickly through the system. A few case management principles can help keep your work on track.

* Customize your pleadings. Have a stock set of particulars for the most commonly encountered injuries. Have samples for exacerbation or aggravation of prior injuries and for the possibility of future re-injury. Customize the boilerplate language to fit your case.

Always proofread your documents carefully when using boilerplate allegations. Otherwise, an allegation that is inappropriate to your case may get left in. Also, be sure your pleadings allow for unforeseen contingencies so you avoid filing unproductive corrective motions.

* Agrresively seek settlements. Settling cases is extremely important to the small-office practitioner. Spending weeks out of the office at trial is not an efficient use of your resources. Settlement brochures and videos will help maximize settlements for your clients. Of course, you should be ready to try every case and present the image of being geared up for battle.

* Do not overspend. The cost of litigation is on the rise, and legislation setting caps on damages and fees has made the margin of error in the business of law slim. The need to manage costs is greater than ever.

Demonstrative evidence can be one of the biggest expenses in a case. To keep costs down, consider using generic, reusable exhibits or sharing them with other attorneys. You can also make your own exhibits at moderate cost using equipment like an overhead projector and overlay sheets.

* Do not overreach. Despite the advantages of small firms, large firms clearly are better equipped to handle certain types of cases. Drug and aviation litigation, for example, are often best referred to large firms that specialize in those cases. Consider carefully whether you have the expertise to handle a case. If you don't, taking the case will be a burden on your office.

For instance, cases involving automobile design defects are often over the head of a small-office practitioner. The costs of discovery, investigation, demonstrative evidence, and experts can be extremely high. Also, defendants in these cases generally have virtually unlimited resources and often try to overwhelm the plaintiff with paper. Before you accept a case like this, you must determine whether you can effectively represent the client's interests.

* Do not bite off more than you can chew. It is much better to reject a case than to resent a case--and a client--that becomes a financial burden. If you must reject a case, be sure to show the client respect. Spend a few minutes explaining why you can't take the case, and perhaps refer the client to another attorney who might be interested or more qualified to handle the case.

This is time well spent. Never give any one reason to speak badly of you. A considerate rejection is a good advertisement for future business.

Marketing

Most businesses, including law firms, need to promote themselves to succeed. Lawyers often avoid advertising, worried that it could tarnish their professional image. But there are many tasteful ways to make your name and your firm known in your community.

* Special-occasion cards. Sending holiday and birthday cards to clients is easy and effective advertising. It is a personal touch that clients appreciate.

You can list the birthdays of clients and their family members in a computer database or simply write them on a calendar. Keep a supply of appropriate cards on hand in the office.

Don't economize on your holiday card. Put care into its selection and address each envelope by hand (if necessary, you can hire a student to do this). Avoid the stamp machine; instead, use a seasonal stamp.

* Office brochure. An office brochure should be consistent with the image you want to promote. It should be tasteful and informative. The brochure should outline the firm's experience and your areas of expertise. Pictures and biographies of the staff personalize the office and are a good way to introduce the people with whom the potential client will be dealing. Sometimes, prior clients can be listed as references, with their approval, of course.

* Office newsletter. The best way to increase business is to keep your name in the minds of as many people as possible. A quarterly newsletter, with general legal information as well as recent accomplishments of the firm, is a wonderful attention getter.

You can buy a "canned," generic newsletter from a service and have your name put on it, but a personal one is much more effective. With a desktop publishing program, you can produce an inexpensive but professional-looking newsletter in-house.

This is another time to get in touch with the local high school or college. You'll probably be able to hire a student who is proficient in these programs to provide some technical help.

* Public service brochure. Put together a "what to do if you're injured" brochure that you can give to clients or distribute free of charge to the public. A public service message offering the brochure, which should include information about your law firm, is a classy way to make yourself known.

* Community work. Be active in your community. For example, do pro bono work or volunteer to speak at meetings of various civic groups. These activities are not only rewarding on their own, but they increase your circle of acquaintances and provide networking opportunities.

Success

Using techniques like these, small-office practitioners can compete with the big firms for important and challenging cases. Emphasize to potential clients what you can offer that the big firms can't, and you'll soon find yourself on the road to success.

RELATED ARTICLE: Small-Office Success Relies on Careful Management

It's not enough to be a good student of the law in order to run a successful law practice. Any sole or small-office practitioner can attest to that.

"Behind any good lawyer is a god management team," said San Francisco attorney Caesar Belli, the 1995-96 chair of ATLA's Small Office Practice Section. "There's no way you can get a positive verdict if your office is in chaos." The section was formed in 1993. It took on the challenge of helping association members learn effective ways to run the business end of their law practices.

Belli said that when section members get together for ATLA conventions, their frequent if not favorite topic of conversation is computers. "Your law office has to be automated, period," Belli said. "If it's not, you might as well pull out the stone tablets and the chisels."

At ATLA's 1996 Winter Convention in New Orleans, section members will gather for a morning seminar on February 5, with Belli serving as moderator.

The first topic features Gadsden, Alabama, attorney Gregory Cusimano, speaking on the strategic use of evidence in trial followed by attorney Stephan Peskin of New York City, who will speak on business considerations for the small office. Chicago office automation consultant and attorney Paul Bernstein will talk about law office technology. A panel of ATLA members will convene late in the morning for a discussion titled "Managing the Small Office--Making the Small Office Work."

For more information about the Small Office Practice Section, contact Sections Coordinator Lynn Gewessler at [phone], ext. 312. To join the section, call the Membership Department at [phone]. Dues are $25 a year.