By Stephen Anderson

“The Golden Rule is dead!” said Jay Foonberg, guru of practical, profitable law practice management.

The age-old standard, treat others as you want to be treated, is obsolete, Foonberg argued as opening keynoter for the ISBA Solo and Small Firm Conference on Friday, Oct. 7, in St. Charles.

The new standard is “The Platinum Rule: Treat others, especially clients, as they want to be treated.” He followed that admonition with a series of marketing tips that illustrated his theme, “How to Practice Law Profitably and Successfully from Womb to Tomb.”

Speaking to a capacity audience that he estimated by show of hands as 70 percent solos and most in practice more than 20 years, Foonberg noted that half of all disciplinary complaints and 70 percent of malpractice claims are not due to ethical lapses or errors.

“They are brought by angry clients,” he said. “We are not trying to please our clients; we don't see their problems through their eyes.”

A California lawyer who has written “the Bible” – “How to Start and Build a Law Practice” – for the American Bar Association and has received numerous honors, Foonberg is a senior lawyer who has learned from experience.

During nearly two hours of explication, he itemized and illustrated a litany of tips for avoiding client dissatisfaction because of “aggressive stupidity.”

Bombard clients with paper and e-mail, he urged, so they will realize how much attention you are giving to their cases. “CC” doesn't stand for carbon copy. “It stands for client copy,” he said. Every time you file a paper, send a copy to the client.

Never let the sun set on an unreturned phone call, even if the return call has to be made “by somebody, anybody, within two hours.” Have your voice mail checked regularly.

Keep your promises. When you create an expectation, do the work promptly and keep the client notified.

Give your client a road map, or timetable, of the steps that are involved in a matter and how long each might take. Also provide a financial road map and secure periodic payments as needed.

Always touch your client – appropriately, of course. Shake hands, coming and going.

Always escort your client to the conference room, and never allow interruptions during the conference (unless it's a family member or a judge).

Listen to the client tell his or her story. When it becomes prolonged, start repeating what is said, and eventually show the client the palms of your hands so you can start asking questions.

Foonberg spent some time stressing the importance of nurturing referrals. “Write down these numbers,” he said. “50, 30, 20.”

Fifty percent of all new files come from repeat business and recommendations from existing and former clients.

Thirty percent of all new files are of people who have never been your client before. Build a referral network, and remember to thank the person who generated the referral, with a small gift or at least a thank-you note. Reciprocate with referrals of your own.

Only 20 percent of new files are due to all other means of marketing and community visibility. “Always carry a yellow pad,” Foonberg advised. “People associate lawyers with yellow pads.”