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• MiMIC Journal

China is world's largest smartphone market

China has become the world's largest smartphone market by volume after it overtook the US in the third quarter, with almost 952m users, and continues to grow at a fast pace. At the same time, there has been a push by mobile phone operators to get more users to sign up for 3G services.

Alibaba profits miss expectations

Chinese internet company Alibaba's quarterly profits rise 12%, but blames the global economy as it misses analysts' forecasts.

• Law Firm Marketing

Turn negatives into positives using the contrast principle

by Trey Ryder

No lawyer has all positive qualities. When prospects think about hiring your services, they see both strengths and weaknesses.

Positive qualities that distinguish you from other lawyers are your competitive advantages. Negative qualities are your competitive disadvantages.

Naturally, you hope prospects conclude that your positives outweigh your negatives. And to help make your case, you try to neutralize negatives so prospects think they are not important. Still, you can't be sure what impact those negatives will have on your overall presentation.

Here is your marketing challenge: How do you take negative aspects of your services and change them into positives so the negatives don't cause your prospect to hire another lawyer?

In his book, INFLUENCE (Morrow, 1984), psychology professor Robert Cialdini discusses principles that persuade people at the subconscious level. One of these, the contrast principle, allows you to change how prospects perceive facts.

The contrast principle says: You can change how a person perceives something by changing the event that precedes it.

Since prospects' perceptions are their reality, when you change their perception, you change what they believe is true.

Here is how the contrast principle works. (Yes, you can try this at home): Prepare three buckets of water. One with cold water. One with hot water. And one with water at room temperature. Place one hand in the cold water and your other hand in the hot water. Then at the same time, place both hands into the room temperature water.

Your surprise illustrates the contrast principle. The hand that was first in cold water now feels like it is in hot water And the hand that was in hot water now feels like it is in cold water. Yet, you can plainly see both hands are in the same water.

How each hand perceives the room-temperature water depends on the event that preceded it, namely whether your hand was first placed into water that was cold or hot.

Another example: A man goes into a fashionable clothing store and tells the clerk he wants to buy a three-piece suit and a sweater. If you were the clerk, which would you show him first?

The contrast principle says always sell the more costly item first. Because after the man buys the suit, the cost of a sweater -- even an expensive sweater -- will seem small by comparison.

If the clerk first showed the man a $500 sweater, the man might hesitate because that sounds expensive for a sweater. But if the man had just purchased a $1500 custom-tailored suit, $500 for a sweater does not seem out of line.

How the man perceives the price of the sweater changes depending on whether it is the first item he considers, or whether he first buys the expensive suit.

Now, to your law practice: Identify something you believe prospects perceive negatively about you or your services. To make it easy, let's use your fee. If you want your prospect to perceive your fee as fair and reasonable, before you state your fee, quote something much higher. Then when your prospect hears your fee, he will perceive it as lower than he would have had you not quoted the higher number.

EXAMPLE #1:

• Wrong: "Mr. Jones, I can prepare your estate plan for $12,000." Mr Jones, in shock, thinks, "$12,000! That's more than I paid for my first house!"

• Right: "Mr. Jones, this estate plan will save your family over $200,000 in federal estate taxes. I can prepare this estate plan for you and your family for just $12,000." Now Mr. Jones thinks, "Not much at all compared with the amount of taxes my family will save. What a bargain!"

EXAMPLE #2:

• Wrong: "Ms. Smith, I can represent you in your injury claim and my fee will be one third of the recovery." Ms. Smith thinks, "This lawyer gets one third of my money!"

• Right: "Ms. Smith, to handle an injury claim like yours, some lawyers charge as much as 40 percent of the recovery, and even 50 percent if the case goes to trial. But, Ms. Smith, I'll be pleased to represent you -- and aggressively protect your interests -- for just one third of the amount we collect." Ms. Smith thinks, "This lawyer is much more generous than those other greedy lawyers."

The contrast principle holds true for any information you need to disclose, whether it is your fee, turnaround time for projects, even the number of years your client might spend in prison.

"Mr. Criminal, most people who commit armed robbery get 10 to 15 years in state prison. The district attorney has offered us a plea bargain that will make you eligible for parole in just five years. I recommend that you accept this plea bargain."

Five years sounds short after you quote 10 to 15 years. But five years would have sounded like a long time if you had not quoted the other numbers first.

"Ms. Client, under normal circumstances I would need three to four weeks to complete this project. But I understand this matter is a priority for you, so I promise to complete it and have it on your desk within ten days." By itself, ten days might seem like a long time, but not when first compared with three to four weeks.

Summary: When you reach the point in your discussion where you must disclose a fact that might be perceived as negative, describe something more extreme in the preceding sentence. Then your prospect will perceive the information you disclose as more reasonable. In fact, you might turn a competitive disadvantage into an advantage based simply on how you present it.

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© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.

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Cisco to H-P: stop suing your ex-employees

"In Silicon Valley, human capital is as mobile as financial capital," wrote Mark Chandler, general counsel of Cisco.The valley, he added, happens to reside in a state where the courts generally do not enforce employee non-compete clauses. Therefore, rival Hewlett-Packard should stop suing to block former employees from taking jobs at Cisco. Such efforts are "desperate moves" by a company beset by "the chaos of executive turnover," Chandler says.

BP gags in-house lawyer on oil spill lawsuits

UK courts can grant gagging orders to companies seeking to prevent employees or others from publicizing information which may be injurious to their business.

Syria faces Arab League deadline

Syria is a few hours away from a deadline to allow Arab League observers into the country, or face possible sanctions, as a months-long crackdown continues. The Arab League wants 500 observers to enter the country. If Syria fails to sign an agreement in Cairo, the Arab League says it will meet on Saturday to decide what sanctions to impose. The options for sanctions include a suspension of commercial flights to Syria and a halt to all dealings with its central bank.

Moroccans prepare to head to poll

Moroccans are preparing to vote in a parliamentary election. It is the first since the introduction of a new constitution, proposed by King Mohammed VI, was approved by a referendum in July. It is expected to be a close contest between a moderate Islamist opposition party and a new coalition of liberals with close ties to the royal palace. Both parliament and the prime minister will have greater powers under the new constitution.

Three Olympus board members quit

Three directors have quit the Japanese camera-maker Olympus, which is embroiled in one of the country's worst corporate scandals. The firm admitted covering up huge losses for decades after former boss Michael Woodford questioned massive payments made to consultants. Woodford had questioned about $1.3bn in advisory fees paid to obscure firms, as well as money spent on takeovers that was subsequently largely written off.

Karadzic cross-examines Srebrenica witness at trial

The former Bosnian Serb leader, Radovan Karadzic, has cross-examined a survivor of the Srebrenica massacre, at his trial for war crimes at The Hague. Karadzic, who is defending himself, put detailed questions to the man who had just described seeing around 40 men killed at Srebrenica. He denies 11 charges of genocide, war crimes and crimes against humanity. Prosecutors say he orchestrated a campaign of "ethnic cleansing" against Bosniaks (Bosnian Muslims) and Croats.

Brazil bans Chevron from drilling

The ANP - National Petroleum Agency said it would suspend Chevron's activities in Brazil until it had established the cause of an oil spill off the coast of Rio de Janeiro. Chevron has apologized for the leak, but has stressed it acted as rapidly and safely as possible to contain it. The Brazilian government has fined Chevron $28m for the spill.

Harrisburg bankruptcy claim ruled illegal

The city of Harrisburg, state capital of Pennsylvania, will not be allowed to file for bankruptcy protection, a federal judge has ruled. Pennsylvania Governor Tom Corbett, who objected to the Chapter 9 bankruptcy petition, wants the city to pay down around $300m (£193m) of debt. Harrisburg filed for bankruptcy in October, to avert a state takeover of the city's financial operations. Bankruptcy protection, which would enable the city to seek leniency from its creditors, was also opposed by Harrisburg Mayor Linda Thompson, who said the city council lacked a credible debt repayment plan.

Portugal debt ratings cut to 'junk' status

Portugal has had its debt rating cut by Fitch to so-called "junk" status, and warned it could be cut again. Fitch made the downgrade because of its "large fiscal imbalances, high indebtedness across all sectors and adverse macroeconomic outlook".

Moody's affirms top rating for US

Credit rating agency Moody's says the failure of a US congressional committee to agree deficit reductions does not affect the country's rating.

Avoiding the tax man could cost Italians dearly

Tax evasion is a long tradition in Italy. But with the country facing a crippling debt crisis, the new prime minister hopes to convince markets that he can get tough on those who refuse to pay up, and perhaps change Italian attitudes about tax avoidance as well.

British Columbia Supreme Court upholds anti-polygamy law

The Supreme Court of British Columbia ruled on Wednesday that a law banning polygamy was constitutional. The law was under challenge by two bishops of the FLDS - Fundamentalist Church of Jesus Christ of Latter Day Saints who claimed that the law infringed on their religious freedom and was not consistent with the Canadian Charter of Rights and Freedoms. The court held, however, that: "the salutary effects of the prohibition far outweigh the deleterious. The law seeks to advance the institution of monogamous marriage, a fundamental value in Western society from the earliest of times. It seeks to protect against the many harms which are reasonably apprehended to arise out of the practice of polygamy. Finally, and not insignificantly, the prohibition is consistent with, and furthers, Canada's international human rights obligations. In my view, this adds very significant weight to the salutary effects side of the balance."

France court allows Noriega extradition to Panama

A French appeals court ruled Wednesday that former Panamanian dictator Manuel Noriega can be extradited to Panama. Noriega faces charges of human rights violations in Panama for crimes allegedly committed during his 1981-1989 rule. He was already convicted on three counts of human rights violations in absentia, and each count carries a 20-year prison sentence.

As investors flee Groupon, outlook for I.P.O.'s darkens

The market pullback seems to suggest that investors, while eager to capitalize on first-day gains, lack the confidence to hold on to the Web's latest offerings. And that may be a concern for Zynga and Facebook. Selling begets selling. "In the environment we're in right now, investors are wary of risk, and so these less-seasoned companies will naturally face more selling pressure." When returns turn negative, that creates a problem for the I.P.O. market. Because what's the incentive to buy into the next I.P.O.? Bankers are now probably revisiting how many and which deals they will launch.

Daily Press Review

Egypt activists step up pressure on military
Al Jazeera, Doha, Qatar

New Libyan government sworn in
Asharq Al-Awsat, Pan-Arab daily, London, England

Yemen's Saleh condemns Sanaa violence
Egyptian Gazette, English-language, Cairo, Egypt

Egyptian forces, protesters to face off as Cairo unrest enters 2nd week
Haaretz, Liberal daily, Tel Aviv, Israel

Egypt braces for fresh rally against military rule
JPost, Conservative, Jerusalem, Israel

GBP 1bn scheme targets young jobless
BBC News, Centrist newscaster, London, England

Olympus shares surge as board members quit
CNN International, London, England

Moroccans cast votes after protests
Daily Express, Conservative tabloid, London, England

Carry on claiming: MPs could still get public money to pay mortgages, says watchdog
Daily Mail, Conservative daily, London, England

Ugly Betty star America Ferrera says swapping sitcom for suspenders has been liberating
Daily Mail, Conservative daily, London, England

Suspected neo-Nazi propagandist arrested
EuroNews, International news, Ecully Cedex, France

Egypt: Defiant protesters reject army's interim PM
France 24, Issy-les-Moulineaux, France

Palestinian rivals make fresh attempt at unity
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

US branch of Fair Trade goes it alone in move 'to relax standards'
Independent The, London, England

Anti-crisis jabs
Moscow News The, Independent, Moscow, Russia

Migration in 2010 at record high
Telegraph The, Conservative daily, London, England

Salma Hayek: Antonio Banderas is 'crazy'
Telegraph The, Celebrity news, London, England

Thailand stands by populist rice policy
Bangkok Post, Independent, Bangkok, Thailand

Protesters reject Yemen president's power transfer
China Post, English-language daily, Taipei, Taiwan

Korea's Service Sector Needs a Big Push
Chosun Ilbo, Conservative daily, Seoul, South Korea

Kamal Ganzouri appointed Egypt's new PM
Hindustan Times, New Delhi, India

Mumbai wants Sachin to just do it today
India Times, Conservative daily, New Delhi, India

Self-Defense Forces to put on air show in Gifu
Japan Times, Independent centrist, Tokyo, Japan

Kiwi killed girlfriend before killing himself
New Zealand Herald, Conservative daily, Auckland, New Zealand

Raisin Monday turns to Foam Fight!
People's Daily Online, English-language, Beijing, China

Australia plans world's biggest marine protection zone
Straits Times, Pro-government, Singapore

So close to cricket history
Sydney Morning Herald, Centrist daily, Sydney, Australia

Egypt military rulers reject protester calls to step down immediately
Taiwan News, English-language daily, Taipei, Taiwan

US economy expands 2% in September quarter
The Economic Times, Business, Mumbai, India

N.L. oil rig hit by supply ship
Canadian Broadcasting Centre, Toronto, Ontario

Hundreds of thousands of Russians flock to see Virgin Mary relic
Globe and Mail The, Centrist daily, Toronto, Canada

Mitsubishi Buys Out Australian Partner, Controls $10 billion Oakajee-Jack Hills Iron Ore Project
International Business Times, Business news organization, New York, U.S

Belo Monte Dam and Hunters Endanger Amazon Turtles
IPS Latin America, International cooperative of journalists, Rome, Italy

Asian shares, euro fall on Europe deadlock
Reuters, Business News, New York, U.S

Insight - New cars for clunkers - Myanmar on road to change
Reuters, World News, New York, U.S

Home attack victim pleaded with intruder to kill her
Toronto Star, Toronto, Ontario

Egypt military 'appoints new PM'
BBC News, Centrist newscaster, London, England

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