Although it may be true that some lawyers can never become successful rainmakers, it is also true that most can be trained to become reasonably proficient at generating business, and a firm's management can foster that proficiency with the proper training system.

All the lawyers interviewed for this article underscore three marketing tactics that are effective in building a practice:

(1) Network as much as possible, because the law is a service business contingent on problems and probabilities;

(2) Publish in your practice area to build credentials; and,

(3) Lecture as often as you can at a variety of functions and committees, legal and nonlegal.

Interestingly, although not surprising, each lawyer interviewed put a premium on professionalism and enthusiasm in the legal work itself.

Ego Drive Gene

Dr. Larry Richard, a partner at legal consulting firm Altman Weil, was a litigator for 10 years before getting his doctorate in organizational behavior. His doctoral research was based on a study of lawyers' personalities nationwide. He subsequently conducted research on the personality traits that make a person a good rainmaker.

Dr. Richard characterized personality as a series of comfort zones, and while there is no rainmaking gene, there is a trait, ego drive, that appears to be more prevalent in successful rain makers.

Ego drive is characterized as a need to persuade another person of something. While an attorney with high ego drive feels very comfortable persuading others, and hence will naturally be a good rainmaker, those with lower ego drive can generate business, but they will not be as comfortable doing it as those with a stronger ego drive.

However, even if you do not have the ego-drive gene, you can adopt some simple strategies, such as targeting a specific community, which almost anyone can do.

Michael D. Ditzian, managing partner of Davis & Gilbert, cites his firm's long-standing involvement in an industry sector - advertising and public relations - as the cornerstone for its success. Being known within these fields has led to speaking and writing assignments and has also allowed the firm to sell itself as "general counsel" to this class of clients.

Also, cross-selling is the underpinning of the firm's growth. Intrinsically, cross-selling tells a client that the firm members trust one another in the same way that clients look to trust lawyers as counselors, helping them make good judgments, not just laying out legal alternatives. In Mr. Ditzian's opinion, new hires have to be willing to work as good team players and be enthusiastic about practicing law, and have to exude the confidence that bolsters the client relationship.

Tips to Build Practice

Ethan Horwitz's firm, Darby & Darby, specializes in intellectual property issues. Mr. Horwitz points to three links in building a practice:

* Quality work, which he characterizes as the basic requirement;

* Developing and nurturing relationships with people before you can expect them to give you work, and;

* Getting your name out there by publishing and speaking frequently.

Mr. Horwitz is the author of three multi-volume treatises on intellectual property as well as several articles. He has also lectured in the United States and abroad.

While Mr. Horowitz feels that luck plays a part in rainmaking, he said lawyers are in charge of their luck. To change you luck you simply increase the number of relationships you have. It is a simple matter of increasing your probabilities.

Proud to Discuss Work

Also, being a people person, or extrovert, always helps.

Bruce I. Goldstein, managing partner of Newark's Saiber Schleshinger Satz & Goldstein, said he likes being a lawyer "because he likes to help people." In his opinion, prospective and current clients look for attorneys who are problem solvers, a trait evidenced by their capacity to be good listeners and to spend time understanding the client as an individual. This mix of professional skills and a true interest in people provides the leadership qualities that Mr. Goldstein's firm tends to seek and foster.

The key seems to be a knack for developing a client base by being proud to discuss one's work with, and to listen to, prospective clients.

Small-Firm Challenge

However, none of those interviewed seemed to articulate the challenge of developing a client base in a small firm better than Richard Kestenbaum, a partner in the three-partner firm of Kestenbaum Dannenberg & Klein and chair of the Small Law Firm Management Committee at the Association of the Bar of the City of New York.

In Mr. Kestenbaum's opinion, lawyers in small or solo practices must understand that they are running a business, even if it is one that provides a professional service. This means paying attention to financial reports, such as those dealing with cash flow and accounts receivable. Also, educate yourself on trends in the business world in general, and in the clients' world in particular.

Without a firm business manager or marketing director, Mr. Kestenbaum said that small firm lawyers need to take these roles on themselves. Be alert to every opportunity to network, get to know, and take an interest in, as many potential clients as possible, and listen for opportunities to let others know of your talents - not necessarily by being pushy, but in a professional, understated manner that Mr. Kestenbaum characterizes as the "velvet glove" approach.

While salesmanship is a way of life for many of us, those who succeed seem to know how to adapt the enduring tactics of successful rainmaking skills to a changing market.

© Copyright 2002, The Success Group

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