Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Define A New Niche To Seize A Big Competitive Advantage When Marketing Legal Services


When marketing legal services, generalities fail and specifics persuade. The same is true when you decide which legal services you wish to feature in your attorney marketing program.

When you practice in various areas of the law, your prospects and referral sources see you as a generalist. Often, they don't remember you for any particular area of practice. In their minds, your image is blurred.

On the other hand, when you practice in one narrow area of the law, your p...







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When marketing legal services, generalities fail and specifics persuade. The same is true when you decide which legal services you wish to feature in your attorney marketing program.

When you practice in various areas of the law, your prospects and referral sources see you as a generalist. Often, they don't remember you for any particular area of practice. In their minds, your image is blurred.

On the other hand, when you practice in one narrow area of the law, your prospects and referral sources know exactly what you do. Your image is clear and precise. So even if you want to practice in a broad area, or offer a wide range of services, you'd do well to define your niche in narrow terms so prospects and referral sources see you in one specific niche.

The more narrow your niche, the easier it is to establish yourself as the authority in that niche and for people to perceive you as the expert. Also, the easier it is for clients, prospects and referral sources to remember exactly what you do.

The more narrow your niche -- and the more effective your marketing program -- the more your law practice will soar. It's no exaggeration to say that when you focus on one narrow niche, the sky's the limit.

So, how do you "specialize" when you're good at many things -- and when you may want to do many things?

Simple.

When I started in marketing, (a long time back), I was overwhelmed with all the skills I needed to learn. I thought no one person could possibly know how to write powerful ads, generate publicity, design seminars, create newsletters -- and do it all well.

Now, 30 years later, I see the bigger picture -- realize that basic principles apply across the board -- and view marketing much differently from the way I viewed it 3 decades ago. Today, I know how one person can understand how to create a powerful marketing message -- and then deliver that message using a number of different methods.

So today, I use a wide range of tools, including advertising, publicity, seminars, newsletters, tapes, web sites, and more. Yet these many tools all fall under the one umbrella of Education-Based Marketing.

Here's how you can create and profit from your own unique niche:

Step #1: Determine the areas of law in which you want to practice. Do you want to practice family law? Estate planning? Commercial transactions?

Step #2: Determine the types of clients you want to serve. Do you want to work with affluent consumers? Business owners? Doctors? Or all clients who need specific types of services?

You can approach your law practice either from the service point of view, meaning the services you want to provide. Or the client point of view, meaning the clients you want to serve. Or a combination of both, providing these types of services to those types of clients. Then write down your clients/services statement, so you can see clearly -- in writing -- exactly who you want to serve and what you want to do for them. Next:

Step #3: Create a new playing field. One problem lawyers have is that they practice in areas of law that are nearly identical from one lawyer to the next, and from one law firm to the next. If you want a personal injury lawyer -- an estate planning lawyer -- or a divorce lawyer -- you can probably find a dozen up and down your city block.

True, the generic label helps prospects identify the type of lawyer they need. But the generic label also reinforces the perception that all lawyers in a specific field are the same -- just because they all share the same label.

Don't accept the playing field defined by the marketplace, tradition or other lawyers. Create your own niche. Rise to a new level. After all, if you're investing money and time in marketing, you have every reason to re-define the playing field so it benefits you.

Step #4: Name your niche or area of specialization using fact-oriented, descriptive words. The old marketing adage is that people buy benefits and not features. Even so, when naming your niche, don t use a benefit title because it says nothing and arouses suspicion. When I named education-based marketing, I wanted a term that clearly describes what I do. I could have called it Power Marketing, Marketing That Works!, Brilliant Marketing -- or some other ridiculous combination of meaningless words. But, instead, I wanted a term that accurately described my marketing process in terms my prospects could relate to and understand. Hence, education-based marketing.

Name your niche so it describes what you do as factually and accurately as possible. At the same time, make sure your new name covers all the services you want to provide. If you use a narrow name, often prospects will think you provide only those services, not realizing you can and want to provide services outside that narrow area as well. So you want a niche name that creates the impression of a narrow focus, yet is broad enough to include everything you want under that umbrella.

Step #5: Market like crazy. From a competitive point of view, a new niche is worthless if your prospects don t know it, understand it and see it as a major competitive advantage. You could be the only lawyer in that niche -- and the only lawyer using the term -- but no one will care if your prospects don't see why they should hire you instead of your competitors. As a result, your new niche should become a key part of your marketing message. Then you need to educate prospects about why a lawyer in your niche -- who provides the services you offer -- is exactly the lawyer your prospects need.

Step #6: Reflect your new niche in all your marketing materials. If you create a powerful niche -- and believe in it -- then shout it from the mountaintops. All of your brochures, seminar materials, advertising, publicity and web sites should reinforce the existence and importance of your niche. The more traction your niche develops, the more validity prospects attach to it. The more prospects and competitors talk about it. The more real is becomes. Soon, prospects see it as a genuine niche, as opposed to a term you made up after a little wine. At that point, the niche you created moves from perception to reality, which, for marketing purposes, is the same.

SUMMARY: In a marketing sense, you should focus on one area of law. You're in the strongest competitive position when you create your own narrow niche. Make sure your niche is broad enough to include all the services you want to provide -- yet narrow enough so your prospects perceive you as an authority in that area.

IMPORTANT: Take your time and make these decisions carefully. Create different terms for your niche and ask clients and friends for their reaction. See which niche names do and don't appeal to them. See if they have an idea what the niche name means. The name you attach to your niche will likely determine its success or failure. So make this decision slowly, carefully, wisely.

I first wrote the term education-based marketing in 1984. Today, 22 years later, I still use it because (1) it describes exactly what I do, (2) it's the only marketing method I use, and (3) my prospects hire me to provide those services. That's the test of a good niche.

Now develop one for yourself so when marketing legal services, you gain a significant advantage over your competitors who also strive for attorney marketing success.

Don't Ignore Legal Obligations of The CAN-SPAM Act


Stay informed to avoid problems by unwittingly sending unsolicited spam to your customers.







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advice, small business, commercial email, spam, spammers, CAN-SPAM Act







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Most small business owners are not aware that they or an employee may be breaking the law regarding spam. The advice that follows is intended to help you avoid any financial or legal consequences.

The CAN-SPAM Act of 2003 was signed into law and became effective January 1, 2004. As a small business owner, you need to be aware of your obligations under this law to avoid serious problems that could cost you time and money. The law is very specific about the content you must provide in any commercial email advertising piece. Not surprisingly, many of us are victims of daily assaults with unsolicited junk mail from very obscure sources. What these spammers are doing is illegal. Taking time to complain is impractical for many small entrepreneurs, so in most cases we just delete the junk, and go about our business.

On the other hand as a small business owner you are in a different position when sending email to customers. Your credibility is at risk because you are not obscure, and may be easily identified for criminal prosecution or law suits. Understand your obligations and what you can or cannot do. In the US, the FTC, Federal Trade Commission, is the government entity for establishing and monitoring compliance with this law. Their rules are very specific as follows:

Requirements for Commercial Emailers

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A "transactional or relationship message" - email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship - may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.

FTC Facts for Business

The Federal Trade Commission (FTC), the nation's consumer protection agency, is authorized to enforce the CAN-SPAM Act. CANSPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well. What the Law Requires Here's a rundown of the law's main provisions:

- It bans false or misleading header information. Your email's "From," "To," and routing information - including the originating domain name and email address - must be accurate and identify the person who initiated the email.
- It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
- It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
- It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

Penalties May Be Severe

Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising. Additional fines are provided for commercial emailers who not only violate the rules described above, but also:

- "harvest" email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
- generate email addresses using a "dictionary attack" - combining names, letters, or numbers into multiple permutations
- use scripts or other automated ways to register for multiple email or user accounts to send commercial email
- relay emails through a computer or network without permission - for example, by taking advantage of open relays or open proxies without authorization.

Department of Justice Facts for Business

The law allows the DOJ to seek criminal penalties, including imprisonment, for commercial emailers who do - or conspire to:
- use another computer without authorization and send commercial email from or through it
- use a computer to relay or retransmit multiple commercial email messages to deceive or mislead recipients or an Internet access service about the origin of the message
- falsify header information in multiple email messages and initiate the transmission of such messages
- register for multiple email accounts or domain names using information that falsifies the identity of the actual registrant
- falsely represent themselves as owners of multiple Internet Protocol addresses that are used to send commercial email messages.

Conclusion

Fines up to $11,000 per violation should get your attention. Review your commercial email policies, and revise as necessary to make sure you include the 3 most frequently omitted features: identify advertising, your physical address, and an opt-out provision. Continue your review to confirm compliance with all requirements. Finally, visit the official FTC web site for information on additional rules and press releases that may have occurred since this report was written.

Demand for Legal Nurse Consultants at All-Time High


A legal nurse consultant is a registered nurse who uses existing expertise as a healthcare professional plus specialized training to consult on medical-related cases at fees of $100-$150/hour.







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What Is a Legal Nurse Consultant?

A legal nurse consultant is a registered nurse who uses existing expertise as a healthcare professional plus specialized training to consult on medical-related cases at fees of $100-$150/hour. Few attorneys know how to read medical records or understand the terminology and subtleties of healthcare issues to achieve the best results for their clients. A legal nurse consultant bridges that gap in the attorney's knowledge. While the attorney is the expert on legal issues, the legal nurse consultant is the expert on nursing, the healthcare system and its inner workings.

According to the Houston Chronicle, "Of the approximately 900,000* attorneys in practice today, 25 percent deal with medical malpractice and personal injury cases." These attorneys rely on specially trained legal nurse consultants to help them win their cases.

Who are Legal Nurse Consultants?

Legal nurse consultants live all over the U.S., rural or urban. Legal nurse consultants have consulted on cases as simple as a neck injury caused by an auto accident, as high-profile as the Rodney King case and as groundbreaking as Fen-Phen, Vioxx, silicone implants and toxic mold litigation.

Additionally, legal nurse consultants provide healthcare expertise for insurance companies, utilization review firms, government agencies, private corporations and hospitals both as staff members and consultants. The legal nurse consulting profession allows nurses many options for establishing a satisfying and profitable part-time or full-time consulting career.

What services do Legal Nurse Consultants Provide?

Legal nurse consultant services include assisting with discovery; conducting research; reviewing medical records; identifying standards of care; preparing reports and summaries on the extent of injury or illness; and locating expert witnesses. Although most legal nurse consultants work behind the scenes, they may also serve as expert witnesses. The legal nurse consultant acts as a specialized member of the litigation team whose professional contributions are often critical to achieving a fair and just outcome for all parties.


Types of Clients Who Need Legal Nurse Consultants

1. Attorneys (plaintiff and defense)
2. Insurance companies
3. Healthcare facilities
4. Other legal nurse consultants and medical-legal consultants (plaintiff and defense)
5. Government agencies
6. Private corporations (e.g., for developing corporate strategies for quality assurance, risk identification and management, evaluation and control of loss exposure)

* According to the American Bar Association Market Research Department, in 2005 there are 1,104,766 attorneys in the U.S.

Business Name – How To Pick One From A Legal Perspective


A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name.







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A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name.

Married?

Picking a business name is like getting married. You are going to have to stick with it till the bitter end. It is estimated a prospect will need to see your advertisement and business name at least 22 times prior to doing business with you. Once they associate your business with a certain name, making a change will be disastrous. Once you pick something, stick with it.

Naming Your Business

If you are going to be married to your business name, you need to make sure the bride isn’t already married to another suitor. There are four significant issues to consider.

Initially, you must determine whether the name is already being used in your state. The Secretary of State controls the names of all corporations, LLCs and partnerships. Most also have a web site where you can conduct name searches. Even if you are a sole proprietor, you should check the name against those already registered in the state database. If the name is being used, you will need to consider an alternative.

Assuming the name passed must with the Secretary of State, you should check it against existing trademarks file with the Patent and Trademark Office. The “PTO” maintains an online database. As with the Secretary of State, you can conduct an online search to make sure no other business is using it.

In this day and age, many businesses incorporate a web site as part of their business model. If you are in this boat, you need to check to see if the business name is available as a domain. If it is, you should register it immediately. If not, you can either change your business name again or focus on a domain name incorporating your service or product instead of the business name.

Avoiding Problems

You business could be devastated if you do not take these precautionary steps. Imagine the negative impact on your business if the name has to be changed three years down the line. Take a breath before you select a business name. Like a spouse, it can be either a good or bad choice.

Get an offshore bank account in Panama only through Panama Legal


Panama Legal is the best solution for offshore banking and asset protection.







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"Today Panama Legal has become the top organization in Panama offering several services such as opening offshore bank accounts and forming offshore corporation. Panama Legal helps to with all the legal requirements and information required for developing an offshore corporation in the country. In fact, the website provides excellent information on the amount of share capital required as well as the different classes of shares. Panama Legal also provides excellent asset and estate protection services. You can view complete information on these services on the website. The site helps you open a secure bank account in Panama as a result of which you will be able to protect your assets. In addition to the bank account you will also be able to open a fully functional offshore stock brokerage account with the help of which you will be able to trade in shares online from anywhere in the world. Your brokerage account will be handled by a fully qualified stock broker who will provide state of the art trading platforms for dealing in shares and debentures. In case you need a second passport of Panama, the firm can help you get one. There are several immigration programs available that can lead to a Panama passport.





You will also be able to maintain offshore merchant bank accounts as a part of the asset protection strategy. In case you want to own real estate or even a boat or a plane in Panama, the firm will help you get an anonymous ownership through the use of offshore corporation. You can also get anonymous offshore debit, credit and visa cards.





Many of you might be wondering that whether only the rich can afford the services of Panama Legal. Actually the services offered are very competitively priced. You can in fact check out the prices of all the services offered by the firm in the specific webpage. Also it is not illegal to own an offshore corporation in any country and hence you can reply on Panama Legal for developing an offshore corporation. The firm will help you with all the major aspects of building an offshore organization. You will also find an expert guide on the site providing in depth information about how to get a second passport as well as a driving license and other residency programs. The site also has an online dictionary that explains all the terms used in offshore banking as well as offshore corporations."