the archives of f/k/a . . .

“David Ward has a novel approach to rainmaking: If clients expect less from their lawyers, they will be even happier if the result turns out better than they had anticipated. These happy clients will then in turn be more willing to refer others, resulting in more business for the low-expectation lawyer.

“That’s because client satisfaction is directly tied to expectations, says Ward, a lawyer turned law-firm marketing professional in Rancho Santa Margarita, Calif.”

   So, Ward and similar legal marketing “gurus” suggest ploys like quoting a far higher fee than you expect to charge, and estimating longer project completion (or even phone call return) times than you anticipate.  Very shrewd.  It’s probably sold a lot of aluminum siding and used cars.

  Even our mascot, Donkey O.T., is braying in disbelief that otherwise ethical lawyers would attempt to explain why there’s not really any deception involved.   It’s scary that people who can pass a bar exam would think such advice amounts to marketing wisdom, and are willing to pay for it, or sponsor and attend seiminars espousing these strategies.

• P.S. A simple test:  If you’d be embarrassed to tell your client your marketing strategy, it’s probably unethical (even if not a technical or obvious violation of any particular rule of professional conduct).