What I see today that’s different from years ago is that clients don’t just ask lawyers, “What should I do?” They also ask, “Why should I do it?”This is where persuasion comes into play.
Persuasion is often perceived as a form of manipulation or deception, or as a toolfor deal closing. But persuasion is not manipulation. Instead, it is a negotiating process and learning opportunity, affording participants a path to shared solutions. It’s important for people to understand persuasion for what it is -- not manipulating, butnegotiating.
According to Harvard Business Review:
Credibility grows out of two sources: expertise and relationships. If you have a history of well informed, sound judgment, your clients and colleagues will trust your expertise. If you’ve demonstrated you can work in the best interest of others, they will have confidence in your relationships.
Knowing as much or more about the business and industry as your client is what truly differentiates you from other lawyers, and will ensure you make the transition from vendor of legal services to trusted advisor.
Clients want to work with people they know, like, and trust. Make it easy for them to see you as such. The Harvard Business Review also advises:
If you are weak on the expertise side, bolster your position by learning more through formal and informal education.
For example:
- Have conversations with in-house experts.
- Hire recognized outside experts.
- Launch pilot projects (like client feedback or “voice of the client” programs).
To fill in the relationship gap, try meeting one-on-one with key people or involving like-minded partners who have good rapport with your clients. Stop building silos and start building bridges.
Tangibly describe the client's benefits.
The fastest way to get a child to the grocery store is to point out the lollipops by the cash register. That is not deception – it is persuasion. Focus on shared advantages between you and your client. When no shared advantages are apparent, adjust your own position.
Show meaningful evidence.
Ordinary evidence won’t do. Make numerical data more compelling with examples, stories, and metaphors that have an emotional impact. You should have both quantitative and qualitative data to support your case.
Be ready to adapt.
Adjust your own emotional tone to match each audience’s ability to receive your message. Learn how others have interpreted past events to get asense of how they will probably interpret this proposal. Test key individuals’ possible reactions.
In my work with lawyers, I have seen many litigators fail miserably at persuasion in the business development setting. They often use the same tactics in the boardroom that work well in the courtroom, but that won’t work. Here are a few common mistakes.
Positional bargaining.
They strongly state their position up front, and then through a process of persistence and logic, they try to push their case as though a zero-sum game is the only option.
In reality, setting a strong position at the start of a persuasion effort gives potential opponents something to grab onto – and fight against. It’s far better to present your position with finesse and reserve.
Resisting compromise.
Too many lawyers see compromise as a weakness, but it is essential to constructive persuasion — and being atrusted advisor.Before agreeing to partner with any outside counsel, they want to see that the lawyer is flexible enough to respond to their concerns, understand their needs, and truly know their business and industry.
The “Challenger Sale” model promotes knowing as much or more about the prospect’s business and industry as they do. This makes it easier for a lawyer to communicate as a trusted advisor rather than a pushy salesperson.
To persuade meaningfully, we must not only listen to others, but also incorporate their perspectives into ours. That’s why knowing what is most important to your client (which may not always be winning a case) is hugely valuable.
Presenting great arguments.
In persuading people to change their minds, great arguments matter. No doubt. But arguments are only one part of the equation.
Other factors matter just as much, such as the lawyer’s credibility and ability to create a mutually beneficial frame for a position, connect on the right emotional level, and communicate through compelling narratives that make shared solutions come alive.
Askingmeaningful questions helps to facilitate this process.
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Is persuasion an art or science?
The reality is, persuasion is not one versus the other. Persuasion is, in fact, both.
The art of persuasion is a concept that often mystifies lawyers. It is so complex – and so dangerous when mishandled – that many would rather just avoid it altogether. However, persuasion can be a force for enormous good, galvanizing change, pulling people together, forging constructive solutions, and moving ideas forward.
Persuasion is not convincing but is instead learning and negotiating. Furthermore, persuasion requires practice, especially as today’s “business of law” contingencies demanded by clients make persuasion more necessary than ever.
The science of persuasion is just as compelling. According to Robert Cialdini:
Researchers have been studying the factors that influence us to say “yes” to the requests of others for over sixty years.
It would be nice if people considered all the available information and engaged in critical thinking, but they don’t. In the face of information overloaded, we need shortcuts to guide our decision-making. Cialdini’s research has identified six of these shortcuts as universals that guide human behavior:
- Reciprocity.
- Scarcity.
- Authority.
- Consistency.
- Likability.
- Consensus.
These six scientifically validated principles of persuasion provide for small, practical, often costless changes that can lead to big differences in your ability to influence and persuade others in an entirely ethical way. They are the secrets from the science of persuasion.
Understanding these shortcuts and employing them in an ethical manner can significantly increase the chances that someone will be persuaded by your request.
Impact of personality.
Personality type has a lot to do with one’s comfort level in communicating effectively – but less to do with one’s ability. We cannot change our temperament, but we can change our communication style. Those who remain lawyer-centric or firm-centric will fail -- and those who become client-centric will succeed.
Customer feedback is a technique B2C companies have used for decades in order to engage and learn from their consumers about what they like anddon’t like - and, of course, to get ideas about how to evolve their product lines. Law firms are not comfortable with this type of client interaction because they cannot sufficiently control the outcome.
Having been in the legal marketing industry for nearly two decades, I have only seen relationship success grow via the client interview process.When “sales” is the name of the game, it truly is a choice to engage or not engage.
Most practicing lawyers are “thinkers.” They often fall under the personality of ISTJ, meaning Introversion, Sensing, Thinking, Judging. ISTJ is an abbreviation used in the publications of the Myers–Briggs Type Indicator (MBTI) to refer to one of sixteen personality types.
The MBTI assessment was developed from the work of prominent psychiatrist Carl G. Jung in his book Psychological Types. Jung proposed a psychological typology based on theories of cognitive functions that he developed through his clinical observations.
From Jung's work, others developed psychological typologies. Jungian personality assessments include the MBTI assessment, developed byIsabel Briggs Myers and her daughter, Katharine Cook Briggs, and the Keirsey Temperament Sorter, developed by David Keirsey. Keirsey is the test I use when working with lawyers.
Keirsey refers to ISTJs asInspectors, one of the four types belonging to the temperament he calledGuardians. ISTJs account for about 10-14% of the population in general -- and the majority population of lawyers.
Most CEOs, however, are ENTJs or Field Marshals, one of the four types belonging to the temperament calledRationals.According to the Keirsey Personality Sorter, the practicing lawyer or Inspector personality traits are as follows.
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1)Reliable.
Inspectors are characterized by decisiveness in practical affairs. They are the guardians of institutions, and can best be described as being steadfast, dedicated, and consistent.They can be counted on to follow through — to get the job done in a precise and thorough manner.
Inspectors are rock-solid dependable — responsible and trustworthy — standing as honorable men and women of great character. In all matters, their highest commitment is to be diligent in keeping their duties.
2) Straightforward.
A promise made is a promise kept. For Inspectors, they naturally communicate a message oftrustworthinessand stability, which can make them successful.
More often than not, they are conservative. Their home and work environments are kept neat, orderly, and simple.
3) Institutional.
Inspectors are likely to be involved in community service organizations that transmit traditional values. Whether it is donating their time or their financial resources, they invest for future returns that benefit society.
They understand and appreciate the contributions these institutions make in preserving cultural values and national pride. At work, Inspectors are patient, with established institutional procedures.
4) Inspecting.
Inspectors are careful examiners, always attentive in their scrutinizing. They must ensure that all is certified as right and proper. They pay close attention to the details, so that no irregularities or discrepancies are permitted.
When it comes to the due diligence required, they do not cut corners or take any shortcuts — nothing escapes their inspecting eyes. They are issue spotters. When they uncover errors or inconsistencies, they are eager to bring about correction, and are not afraid to confront those who have missed the mark.
5) Standardizing.
Inspectors quietly see to it that uniform quality of product is maintained, and that those around them uphold certain standards of attitude and conduct.
They are most comfortable when people know their duties, follow the guidelines, and operate within the rules. Rules are there to be followed, they say, not meant to be worked around for any reason.
6) Conservative.
Inspectors are firm and consistent; they make the rules of the game clear and expect them to be followed. They do not tolerate rebelliousness, nonconformity, waywardness, creativity, or even innovation.When there is work to be done, there is no time for fun and games — play must be earned through hard work.
It should be noted that lawyers spend most of their lives with other lawyers, so they live in a personal and professional bubble where they may not realize that the majority of others do know have the same personality temperament and may not communicate the same as they do. Thus, they sometimes see the others as wrong.
Communication tips.
If you are a practicing lawyer, I would advise that you get to know everything you can about your client from business and legal perspectivesbefore you meet with them. Your law librarian, marketing professional, and business development executives can help you find this information.
After that, directly ask the client yourmeaningful questions that remain unanswered. Clients expect and respect this! Listen to your clients, as they are telling you how to partner with them – not sell to them.
The challenge is that ISTJs disdain asking questions for fear they may appear ignorant. In law school, they do not teach students how to interview a client or assess prospect needs – only how to depose a witness. This makes business development a big challenge for lawyers.
Remember that in being a trusted advisor to clients, consultative selling is about creating attraction. Lawyers cannot, and should not, push legal services. However, you can, and should, create a comfortable place where the client will buy legal services from you. Clients want to do business with lawyers they know, like, and trust. Be that lawyer.
If you are a law firm business development and marketing professional, remember that your personality will likely not readily align with that of the lawyers to whom you must report. This may be a struggle for you.
Understand your own personality type, as well as that of the lawyer with whom you are working and adjust your communication style accordingly. If you can find lawyers who actively listen to their clients, you can make great strides in helping them succeed.
Knowing the job title or position of the client who buys from your firm will help you greatly in your mission. Most lawyers do not take the time to learn the client’s business and industry inside-out, much less the client’s likely temperament. But you can.
Just knowing the person’s job title will give you clues. Then ensure the lawyers ask clients meaningful questions…questions that validate that which they think is true or reveal that which they do not know.
And remember, feedback is a sign of respect. Be courageous! Ask your lawyers to provide feedback on your efforts -- and then absolutely remind them to do the same with their clients.
[Related:Getting Past Stereotypes to Find a Lawyer You Love]
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Jenn Smuts is the Chief Marketing Officer for ILN member firm, Connolly Gallagher LLP. With nearly twenty years of experience in law firm strategic planning, marketing and business development, individual coaching, budgeting, and team leadership, she is a seasoned legal marketing professional. She most recently joined 2020 Women on Boards – a national campaign dedicated to increasing the percentage of women on corporate boards to 20% by 2020.
