Responsible rainmaking: how to build your practice.

There are many reasons we became lawyers, and many more reasons we remain in the profession. Whether we seek to do justice, engage in competition, or just earn a living, every objective turns on our ability to find, represent, and keep clients. No matter how skilled we are, no matter how brilliant our strategies or how zealous our advocacy, without a client to represent, none of it amounts to a hill of beans.

Finding clients and generating business--commonly referred to as rain-making--are crucial. For some lawyers, advertising seems like the only option. But there are many effective methods of rainmaking that can be more dignified than advertising, which remains highly controversial in our profession.

I was once a great believer in lawyer advertising. At the time, however, I wasn't thinking, about it as a method of generating new business. I thought only in terms of how advertising would benefit my clients: Advertising helps people learn about their rights and find good lawyers to represent them in protecting those rights. I was for it in the abstract, never having given any thought to it in practice.

I did not anticipate how lawyer advertising would look in the real world. In the immortal words of Ross Perot, "It ain't pretty." It is true that advertising can serve an educational function if it is done well. But anyone concerned with the image of our profession must also be concerned about the amount and quality of lawyer advertising today, especially ads that run on radio and television. In fact, there is so little that has been done well in these media that I wonder if good taste and generating business in this way are incompatible.

Lawyers need clients, so rainmaking in some form must be pursued. Are we stuck with slick--and often not so slick-radio or TV ads featuring testimonials from clients, or talking heads against a backdrop of law books, or semiprofessional reenactments of clients pacing in hospital waiting rooms?

The answer is no. There are many ways other than advertising to generate business.

Find your niche. One significant way is to position yourself well in your area's legal community. Look for opportunities to do something that others are not doing or something already being done that you can do better.

For example, I have specialized in civil rights and employment law for many years. There arc never enough competent attorney? to handle the volume of cases involving wrongful discharge, discriminatory or hostile work environments, failure to accommodate disabilities, and the like. Moreover, it is a field that continues to grow despite right-wing attacks on affirmative action and real progress for women and minorities. There is plenty of room for new practitioners who want to help individual clients and achieve social justice.

As Nadine Strossen, president of the American Civil liberties Union (ACLU), said at ATLA's 1995 Annual Convention, the claims that there are too many lawyers are untrue. In reality, she said, we need more lawyers with conviction, principle, and skill to advocate for the rights of victims md the downtrodden.

In addition, small numbers of dedicated practitioners are developing new areas of litigation, working on cases involving toxic torts, spousal abuse, police misconduct, the Employee Retirement Income Security Act (ERISA), md other contemporary issues. All these areas need lawyers who care about what happens to the little guy.

Moreover, there are never enough lawyers handling more commonly brought cases skillfully. For example, you probably know many lawyers practicing medical negligence litigation, but it's likely you would send referrals to only a handful. Why is that? It's no mystery: Some are greatly superior to others.

Develop a solid reputation. To be a good rainmaker, you need to be ever mindful of your reputation. Your credibility is your stock in trade.

As an attorney, you are scrutinized by judges jurors, your clients, and your peers every minute of the day, not just when you want people to watch or it is your turn to stand at the podium and speak. Whether you are at lunch, kibitzing in the back of a courtroom, talking to colleagues or clients in person or on the phone, or conducting a closing argument in an important case, you are constantly being evaluated and judged by everyone around you.

Some lawyers strive to take the high road; conduct their lives in the highest traditions of the bar at all times; practice in an honest, ethical, and professional way; and care about their clients and show it. These lawyers impress others. If you conduct yourself in this way, you will earn the respect of your professional colleagues--and with respect will come referrals.

When I am looking for an attorney to whom to refer a case, I seek out lawyers with reputations for putting clients first, being honest, and doing high-quality work. Most lawyers I know select attorneys to refer cases to on the basis of quality representation and good experiences with that attorney. Indeed, in my practice, a large percentage of referrals comes from management labor counsel who defended cases that I brought in the past. That kind of referral is the ultimate compliment and helps build a successful law practice.

Always be on your guard--it doesn't take much to wipe out a reputation that took you years to build up. Once it is established, ever, your good reputation will constantly seed the clouds for new business.

Speak at seminars and write for publication. Bar associations are always looking for good speakers for education programs. Once you have established your area of expertise, you can offer your speaking services to your state or local bar group.

I speak five or six times a year to lawyers and laypeople about trial practice and areas of substantive law. ATLA's National College of Advocacy, state trial lawyers associations, and state bars regularly put on seminars, as do other specialized legal associations.

Preparing up-to-date lectures for seminars like these forces you to stay current on issues important to your practice. Seminars are also a wonderful opportunity to get your name out before other lawyers. Speeches and written handouts often lead to later referrals.

Taking the initiative to write articles and book chapters is another way to get your name out. Publishing an article in a magazine may be just the right way to cause a reader to think of you the next time he or she needs to refer a potential client to an attorney with your expertise. I never turn down an opportunity to write or speak if there is any way I can fit it into my schedule. As a relatively new attorney, I often volunteered for these opportunities.

Participate in pro bono projects. These efforts are cropping up everywhere as many bar associations try to fill the breach in legal services to the poor that was created by a Congress seeking to reduce the budget on the backs of those who most need assistance.

In addition, the ACLU and the National Lawyers Guild need cooperating attorneys to handle cases in die name of those organizations on behalf of people in need of legal assistance. The ACLU, for example, has defended many lawsuits over the years brought against citizens by political figures attempting to silence public criticism. You can become a specialist in defamation litigation, an area with few experts, by learning to handle these matters.

Many pro bono organizations will share with cooperating attorneys any fees generated in these matters under 42 U.S.C. [sections]1988. Mostly, however, public interest cases can help you become known to the bar and the public. Newspapers and television often cover these cases, and media coverage leads to telephone calls from prospective clients.

Moreover, the federal courts are always looking for competent attorneys to handle employment discrimination and [sections]1983 cases filed by plaintiffs without legal representation. This is a way to learn to handle civil rights litigation and to build a reputation for integrity and principle. Success in these cases does generate fees.

The need in all these areas is profound, and it is growing as Congress continues to shrink the legal services budget.

Develop law firm publications. Many firms have developed brochures and newsletters. A brochure-may identify the firm's areas of practice, provide biographies the lawyers and staff, and include information on fees, as well as listing the firm's address and phone number.

Whenever attorneys from the firm go out to speak to community or lawyer groups, they should take a handful of brochures to distribute (they aren't as easy to lose as business cards). Brochures should also be available in the firm's reception area so people can pick one up to pass on to a friend or relative.

Some firms publish periodic newsletters, which are mailed to current and former clients, people who have consulted with the firm over the years, and possible referral sources. Newsletters often contain information on the firm's recent victories and on legal developments that the public should know about.

My firm keeps track of the many hundreds of people who consult with us during the year. We have not yet developed a firm newsletter, but we do send letters to these people from time to time, especially when important judicial elections or ballot initiatives are before the voters. Since these elections are rarely the focus of media attention, people often express gratitude when they receive these letters because of their educational value.

Sometimes generating new business is a matter of timing. You may not be in the mind of a potential client or referral source when someone needs a lawyer. But if that potential client or referral source has a letter, brochure, or newsletter with your name on it, he or she may make the connection and call you.

Network with other attorneys. The single most important source of referrals to my office is other attorneys. They often know about us because they have opposed us, heard one of us give a seminar speech, read articles we've written, or seen newspaper coverage of cases we've handled. Often, however, other lawyers know us because they have worked with us in bar activities over the years.

I believe we have an obligation to give back to the profession by volunteering our time to bar activities we support. Organizations like ATLA, the National Lawyers Guild, the ACLU, state bar associations, and state trial lawyers associations offer opportunities to meet others and earn their respect. Moreover, by participating in bar activities, you help others m the profession and enhance your own knowledge and skills.

Even before you have enough expertise to volunteer to speak at an educational program, you can help recruit lawyers who are experts to participate in the program. I recall helping to organize a multiweek National Lawyers Guild seminar for criminal defense lawyers while I was still in law school. I met the finest defense attorneys in the country. Many of the participants have gone on to become judges and leaders of their law firms. We still communicate years later. The irony is that giving back reaps great rewards, both in personal satisfaction and professional development.

These are just a few of many dignified and responsible ways to generate business. These methods also help you build a reputation of which you can be proud.

There is no instant rainmaking. It is a process that continues throughout your professional life. In the long run, patience and hard work will be rewarded.

RELATED ARTICLE: More Rainmaking Tips

The following suggestions can help you build a thriving law practice.

1. Devote 10 percent of your time to marketing.

2. Keep a log of your marketing activities.

3. Require all attorneys in your firm to commit to marketing.

4. Pay bonuses to attorneys in your firm who bring in business.

5. Send press releases on significant cases to local newspapers.

6. Negotiate the price and position of advertising in the Yellow Pages.

7. Send thank-you cards or letters to referral sources.

8. Host an annual party for referral attorneys and potential referral sources.

9. Let other attorneys know when you have sent them referrals.

10. Treat opposing counsel, an excellent referral source, with respect--to the extent this is possible.

11. Have firm brochures and legal pamphlets available in the office reception area. Provide them to referral sources and all clients, past and present.

12. Have an attorney or paralegal available at all times to conduct intake interviews of potential clients.

13. Be courteous when you are rejecting cases that are not in your area of expertise. Explain your specialty in case the prospective client may need your services in the future.

14. Return all clients' calls, even after-hours and on weekends.

15. Be an effective listener--an attorney's most difficult task.

16. Send thank-you cards or letters to clients after their cases close.

17. Send quarterly newsletters to past and present clients.

18. Have your name, address, phone, and fax numbers on written materials generated by the firm.

19. Carry business cards at all times, even to social events, recreational activities, and appointments.

20. Get involved in your community (local politics, church activities, volunteer organizations).

21. Register with the state bar and other bar referral services.

22. Serve on the board of the state trial lawyers association.

23. Join ATLA and ABA sections and ATLA litigation groups.

24. Join a speakers' bureau through ATLA, the state trial lawyers association, the state bar, or a public service group.

25. Call ATLA every August to make sure you are listed correctly in the ATLA directory.

Margaret Moses Branch practices with the Branch Law Firm in Albuquerque, New Mexico.