I have receive a good many communications lately asking how a lawyer might get heard above the herd?
It is an interesting question really, and I understand why it is concerning for those wanting to enter the practice of law on their own. After all, the law market, like all other markets, are crowded, and it can be a challenge getting heard in and among the crowd.
The natural response is that somehow you have to be able stand out from the crowd in some sort of obtuse, aggressive and obnoxious way.
Maybe we think the we need to be the legal equivalent of Donald Trump or Richard Branson in order to stand out. Or, more low class like the late Billy Mays, Jon & Kate Gosselin or Sarah Palin, maybe, in which you have to act out in order to stand out.
I think it is that thought of needing to get heard above the herd mentality, the thought of being a showman or carnival barker of sorts, that so turn new lawyers off to the idea of practicing law on their own. It is also, strangely, that which turns some lawyers on - this thought of being a constant, annoying showboat can be appealing to some.
Either way, I think it is the wrong image to have and it is wrong idea to possess. In order to be heard above the herd, you not only need to go with the heard, but you need to get out in front of it. Take it from someone that has done it, the idea of this is no longer fun. Histrionics, bombast, exhibitionism, bragging and swagger is not only all to much most of the time, it tends to suit certain undesirable groups of attorneys all to well. You know, the churlish, detestable, gasconades none of us really like. They are only proud of themselves.
An attorney need not be a bomb thrower or noxious personality to stand out or succeed. There is no need to flabbergast or grandstand or stupefy in order to succeed in the lawyer's objectives.
I would suggest that you forget the herd. Hunker down and let them stampede past you. Trying to get out in front of the exodus in legal self-promotion will rarely serve you well, mainly because the herd is too distract in its adieu to pay any attention to you. In the long run, getting caught up in the moment will not buy you long term success.
And, I am not saying you do not need to be dedicated or pay a low level but constant attention to staying in touch with who can refer you cases. You just need to ignore the stampeding herd and concentrate on those that will remember you, your cause, and care about your needs.
Building a successful Third Wave law practice is really kind of boring if you want to know the truth. It is not about identifying the fleeing crowd, but in identifying those that can refer you the cases you would like, getting in front of them one on one, even for a few minutes, collecting their particular contact information, and staying in contact with them (by providing them simply and short information of interest) on a regular basis. And, then keeping them informed, and doing a good job, when you do convince them to refer you a client or case.
So my thought is do not try to get in front of a speeding train or bullet. Figure out what it is you want, the case or client you need; the people, groups, organizations and associations you need to get those cases referred; and, stay in constant boring contact with these sources once you find them.
It is also important to remember that herds concerning themselves not with legal niches but with overcrowded and promoted practice areas.
So, forget the herd.









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