An Authentic Reason For Staying In Touch

I recently heard a speaker talk about making persuasive presentations. But she veered off into business development. She told the audience that one way to impress people (or to develop business) is to “develop an authentic reason to stay in touch.”

That is very fine advice.

When I worked in private practice, I did just that — and I did it innocently. I wasn’t calculating what I could entice a colleague into reading, or whether that person could give me business, or whether the person held a position sufficiently high in an organization to be worthwhile. I just shared with people things that might interest them.

A friend works in some business. An article in the Journal reports that two of his competitors are merging. So I send a note: “On the off-chance that you didn’t see it this morning (because it was buried on page six), here’s a link to an article in today’s Journal reporting that [two of your competitors are merging]. I trust all’s well.”

A friend works in some other business. A case comes down that could affect that business dramatically. So I send a note: “It hasn’t yet been widely reported, but the Second Circuit handed down this morning its decision in X v. Y. The court decided in favor of Y, upholding the defense of [whatever]. I thought you’d be curious.”

One of my partners works in some field of law about which I know nothing. Something happens in my field that could affect hers. So I send her a note: “In a case that basically involves [my field], a court just held that [whatever]. I thought you might deploy that to good use.”

When I wrote those notes, I wasn’t being a pain in the neck. (Generally.)

I wasn’t trolling for business. (Really. I didn’t even have my eye on that ball.)

I was just alive. I saw something that might interest a colleague, and I shared it.

But, on reflection, that’s effective business development. When a person has a hiring decision to make, you’ll be top of mind. Or when your partner moves in-house years from now, your partner will remember that you were a curious person who was helpful.

That’s not bad.

Firms, as opposed to individuals, are not nearly as good at this.

Firms like to talk about themselves: “Bigg & Mediocre hired three laterals.” “Bigg & Mediocre represented the buyer in a billion-dollar energy deal.” “Eight Bigg & Mediocre lawyers were listed in the list of great lawyers.” Whatever.

I don’t care.

Really.

If you were an individual, and all you did was send me emails bragging about your accomplishments, I’d stop reading your emails pretty quickly. If you’re a law firm, and all you do is brag to me about your accomplishments, I stop reading your communications.

Why not find an authentic reason to stay in touch instead?

And some firms do, of course. I may actually care about changes to the California labor law, or the new Delaware law on proxies, or whatever. And your firm sends me the descriptions of those laws that your lawyers prepared.

But I’ve noticed something about those descriptions: Many of them are set up as clickbait. They give a teaser in the headline, offering to reveal the interesting stuff only if I peek inside.

Why set things up that way? I suspect that your marketing department cares about clicks; it shows they’re doing something: “Nearly 100 people opened the attachment! See how great we’re doing?”

But you’re not selling clicks; you’re selling law. You really don’t care how many people clicked through to see what was inside; you care about how many people saw your firm’s name attached to an intelligent idea. (A defensive lineman once said that “one sack is worth 1000 hurries.” There’s a law firm analogy: “One retention is worth 1000 clicks.”) There’s no reason to hide the good stuff inside a law firm brochure. If you have something smart to say, and you’ve decided to publish it, then put it where people see it.

Here’s just one example: “Attached please find Bigg & Mediocre’s annual survey of deals. Read it to get vital ideas about how people are structuring deals, what new provisions are being included, blah, blah, blah.”

Clickbait.

Maybe there’s something good inside; more likely, not.

If you have something interesting to say, say it first: “Bigg & Mediocre’s annual survey of deals shows that 57 percent of transactional documents do not include [some provision that a reader might think is worthwhile]. A recent change in Delaware law makes that provision more dangerous than it’s worth. For that and similar insights, read the whole report.”

Maybe I will.

Some places sell clicks (not to point any fingers around here). You don’t. You’re selling law.

Find an authentic reason to stay in touch, and don’t hide the reason behind a link.

You’re reinforcing connections, not trying to deceive readers into opening links that won’t interest them.

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Mark Herrmann is Vice President and Deputy General Counsel – Litigation and Employment at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at [email protected].