December 19, 2014 nº 1,582 - Vol. 12
"I always say beauty is only sin deep."
H. H. Munro
In today's Law Firm Marketing, Crossing the line from educator to seller destroys your credibility
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2015
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Obesity 'could be a disability'
Obesity can constitute a disability if the health effects have an impact on people's working lives, the European Court of Justice rules. The court said that if obesity could hinder "full and effective participation" at work then it could count as a disability. The ruling is binding across the EU. Judges said that obesity in itself was not a disability - but if a person had a long-term impairment because of their obesity, then they would be protected by disability legislation. employers must, on a case by case basis, make reasonable adjustments such as providing larger chairs or special car parking, and protect such employees from verbal harassment. But there are wider implications. Providers of goods and services such as shops, cinemas and restaurants will also have to make reasonable adjustments for their customers, which might include things like special seating arrangements. The key concept here is that adjustments must be "reasonable". (Click here)
How a memo cost big banks $37 billion
Assistant US Attorney Richard Elias was leafing through a pile of J.P. Morgan Chase & Co. documents while tending to his newborn son in 2012 when he found something that came back to haunt the three largest US banks. In a memo, one J.P. Morgan employee warned her bosses they were putting bad loans into securities being created before the financial crisis hit. The US attorney's office in Sacramento, Calif., soon started sending subpoenas to J.P. Morgan officials tied to the memo. Three months later, top Justice Department officials in Washington told investigative teams across the country to hunt for similar ammunition in tens of millions of documents from other banks, especially Bank of America Corp. and Citigroup Inc. In a move meant to shake money from the banks, the Justice Department decided to go after them with an unusually potent law created to clean up the savings-and-loan crisis of the 1980s. The law has a lower burden of proof than other laws used by the agency to punish alleged fraud, a much longer statute of limitations and potentially astronomical financial penalties. Elias's discovery has delivered a whopping payoff so far: $36.65 billion, representing the cost of the government's three separate settlements with the banks since late 2013, including the $16.65 billion deal with Bank of America in August that is the largest ever between the US and a single company.
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1 - Google looks to head off U.S. antitrust lawsuit over Android - click here.
2 - Obama’s plan to open relations with Cuba in 13 points - click here.
3 - Ex-Sony employees sue, claim company failed to protect data - click here.
4 - Apple Wins iPod Antitrust Trial - click here.
5 - Hungarian Wants a Piece of 'Drunk in Love' - click here.
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Avon fined $135m for China bribes
Beauty company Avon has been fined by the US Securities and Exchange Commission for paying bribes and gifts to Chinese officials. Avon's Chinese subsidiary paid out $8m from 2004 to 2008 in order to obtain a direct selling license. The payments included plane tickets for officials, and expensive gifts from Louis Vuitton, Gucci and Tiffany. Avon is the world's largest direct seller of beauty products. Under the US Foreign Corrupt Practices Act, companies are banned from paying money or giving anything of value to foreign officials to obtain or retain business.
(Click here)
Crossing the line from educator to seller destroys your credibility
By Trey Ryder
One major benefit of Education-Based Marketing™ is that your marketing program attracts inquiries from prospects. In this way, you don't pursue prospective clients. They come to you.
The problem is: If you don't get inquiries from the prospects you want -- and if they're prospects you can identify by name -- you could easily decide to call them on the phone to introduce yourself.
Sounds reasonable. Right?
No. If phoning new prospects has crossed your mind, here's a suggestion: Don't!
If you follow the Education-Based™ model, every step increases your credibility. Every step increases the perception that you're the authority. Every step offers more and more reasons for prospects to contact you. And as long as you stay in the education mode, you maintain a dignified, professional image.
But the moment you cross the line -- the moment you go from educator to salesperson -- the moment you pick up the phone and cold-call a prospect -- you shatter your credibility and send your reputation into a nose dive.
To stay true to the Education-Based™ model, you must let your prospects take the first step. You encourage that first step by making your offers and calls to action so attractive that your prospects can't help but respond.
To start, here are key places where you should invite prospects to act:
1. Invite prospects to contact you in every marketing document that leaves your office.
2. Invite prospects to contact you on every page of your website.
3. Invite prospects to contact you several places in your seminar materials.
4. Invite prospects to contact you all through your newsletter.
5. Invite prospects to contact you throughout your firm brochure.
6. Invite prospects to contact you in your print ads and broadcast commercials.
7. Invite prospects to contact you any time you send a letter.
8. Invite prospects to contact you near the end of every news release.
Here are persuasive offers that often cause prospects to respond:
1. Invite prospects to call for your free educational handout (by title), which you'll mail on request.
2. Invite prospects to schedule a free phone consultation.
3. Invite prospects to schedule an in-person appointment.
4. Invite prospects to your free educational seminar.
5. Invite prospects to add their name to your newsletter mailing list
6. Invite prospects to read your latest newsletter, and offer their comments and suggestions.
7. Invite prospects to send questions for your newsletter's Q&A column.
8. Invite prospects to suggest topics that you can write about in your newsletter.
9. Invite prospects to add their friends and colleagues to your mailing list.
10. Invite prospects to send you referrals.
11. Invite prospects to take part in your internet discussion group or listserv.
12. Invite prospects to a briefing at your office, such as a brown-bag update or an executive roundtable.
13. Invite prospects to attend a free or paid seminar that you conduct by phone or over the internet.
14. Invite prospects to a meeting over breakfast, lunch or dinner.
15. Invite prospects to an upcoming reception or party.
16. Invite prospects to play golf or join you in other sports.
17. Invite prospects to ask questions about your area of law.
18. Invite prospects to offer comments or suggestions on (any topic you choose).
19. Invite prospects to respond to surveys.
20. Invite prospects to a wine and cheese party or another social event at your home or office.
21. Invite prospects to review a case history of a transaction you recently completed for a client.
22. Invite prospects to read a published article you wrote -- or in which you were quoted.
23. Invite prospects to a free peace-of-mind meeting after a major life event, such as a birth, divorce or death.
24. Invite prospects to contact you so you can review and update legal documents that are time-sensitive.
25. Invite prospects to contact you for an introduction to a lawyer in another practice area in your firm.
26. Invite prospects to request biographies of new lawyers in your firm.
27. Invite prospects to request an article you wrote about pending legislation that could affect their interests.
28. Invite prospects to request case histories about a client who acted in time to protect his interests -- and another client who did not, explaining the consequences he endured.
29. Invite prospects to express their opinion and suggestions about a new service you plan to offer.
30. Invite prospects to comment on a new office location you're considering.
31. Invite prospects to support or take part in a non-profit activity in which you're involved.
What should your call to action say?
In consumer documents, calls to action often read like this: "Call for a free copy of 5 Steps to Reducing Your Alimony Payments." Or, "If you have questions -- or to schedule a free consultation -- call John Jones at ###-###-####."
In business letters, you might say something like, "Please call me after you have reviewed these documents." On your seminar flier, you might include, "Mark Your Calendar Now to Attend." In a radio commercial, you might say, "To receive your free Executive's Guide to Age Discrimination Claims, call ###-###-####."
It doesn't matter how you communicate your offer or call to action. The bottom line's the same: if you want a response, make sure you tell your prospect precisely what you want him to do.
But -- what if you want to get in touch with prospects who haven't contacted you?
If can identify prospects by name and address, then send a first class letter. First class letters from lawyers are effective for many reasons:
1. Since many people use e-mail for quick communication, when you take time to write and mail a letter, you make a powerful, personal impression
2. An envelope with a lawyer or law firm as its return address always commands attention.
3. Upscale law firm stationery reflects positively on you, instills confidence, and conveys integrity and success.
4. First class letters don't interrupt what your prospect is doing.
You can easily adapt first class letters to any of the offers described above. And, most important, first class letters don't make you look like a telephone solicitor, where cold calls do.
Note: Check your ethics rules to make sure you're permitted to send letters to prospective clients. I have often heard bar counsel explain that letters are permitted when sent to persons who might at some future time need legal services, where letters to accident victims and others "known to need legal services" may be prohibited or restricted.
SUMMARY: The more often you communicate with prospects -- and the more often you interact with prospects -- the sooner you'll increase your flow of new clients and referrals. Whenever possible, generate interactions with prospects. They're the key to your success!
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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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US Congress threat to Cuba thaw
Not everyone is happy with the news that the US and Cuba are working toward normalised diplomatic relations. Critics worry that the US gave away too much and will weaken allies around the globe. Opponents of Obama's new Cuba policy have threatened to block his efforts to restore diplomatic relations after 50 years of hostility. Senators promised to block the nomination of any US ambassador to Cuba. Other anti-Castro legislators suggested Congress would remove funding for any normalized ties with the country. US-Cuban ties have been frozen since the early 1960s - a policy of isolation Obama condemned as a failure. On Wednesday, the US president said it was time for a new approach.
Sony hack is 'US security issue'
The cyber attack on Sony that forced a major film release to be pulled is being viewed as a national security matter, the White House says. The US believes the hacking was the work of a "sophisticated actor" - but refused to confirm if North Korea was responsible.
Federal Reserve delays parts of Volcker rule until 2017
The US Federal Reserve has given Wall Street banks even more time to comply with parts of the Volcker Rule, a key provision of the 2010 Dodd-Frank financial reform bill. The rule prevents federally-insured banks from using their own money when investing in certain risky assets. The Fed had already announced banks would have until 2017 to deal with one type of trading product. It will now grant an extension to other types of funds.
Luxembourg abandons court fight with EU over tax-rulings
Luxembourg abandoned its court challenge against the European Union's demand for details of discounted tax deals with multinational companies after the EU extended its quest for such documents to the entire bloc. "If the rules are the same for everyone, we are really not in opposition to them," Luxembourg Prime Minister Xavier Bettel said. "If everybody's in the same boat, this makes it possible for us to take away the trial we had with the commission." The European Commission yesterday widened its requests for full lists of companies that got so-called tax rulings between 2010 and 2013 to the rest of the EU. Luxembourg sued the EU regulator in April, refusing to hand over the files in what it called a "speculative request for information."
Federal judge rules Obama immigration action unconstitutional
A judge for the US District Court for the Western District of Pennsylvania ruled Tuesday that parts of US President Barack Obama's executive action on immigration are unconstitutional. Judge Arthur Schwab found that the president's action exceeds the scope of executive authority: "The court holds that the Executive Action is unconstitutional because it violates the separation of powers and the Take Care Clause of the Constitution." The ruling came in a case of an individual who had been deported and then reentered the US illegally. The court sought to apply the new policies to the defendant's case and ordered further briefing on the matter. (Click here)
Brazil graft cases: beginning of impunity's end?
The aggressive crackdown on corruption by Brazil's rich and powerful suddenly raises a once unfathomable question: Is this the beginning of the end for the nation's entrenched culture of impunity? Experts on Brazil's governance and corruption give a cautious "yes." Brazil is witnessing an unprecedented flurry of legal activity, provoked by a growing middle class whose anger over corruption erupted in protests last year, and independent agencies increasingly capable of handling complex probes. "This is all really amazing. We're seeing extremely interesting developments for checks and balances," said Carlos Pereira, a professor of public administration at the Getulio Vargas Foundation. Prosecutors, federal investigators and government audit agencies, he said, "are now the three accountability musketeers in Brazil." The agencies' efforts have been sweeping, with investigations hitting the nation's most powerful political and business circles.
Nebraska and Oklahoma sue Colorado over legal marijuana
Nebraska and Oklahoma have asked the US Supreme Court to nullify a 2012 law that made marijuana legal in the US state of Colorado. The two states allege that Colorado's law is in violation of federal law. They say that they are suing just Colorado, and not Washington state where marijuana is also legal, because they do not share a border with Washington. Colorado's attorney general said their suit was without merit.
Putin seeks to ease fears over Russian economic crisis
Vladimir Putin has sought to ease fears over Russia's economy, insisting that the dramatic fall in the rouble will stabilize. Speaking at his end-of-year news conference, which lasted over three hours, he blamed "outside factors" for the currency hitting an all-time low. But he admitted Russia's central bank could have acted more swiftly. Russia is on the verge of recession due to falling oil prices and sanctions over its role in the Ukraine crisis. However, the president denied pursuing an "aggressive" foreign policy and accused the US and EU of conspiring to weaken Russia. Putin accepted Russia had failed to diversify its economy for the past two decades and relied too heavily on its oil and gas exports.
Federal government sues New York City over Rikers Island prison conditions
Federal prosecutors sued New York City on Thursday over violent conditions at Rikers Island prison. The lawsuit comes after an August report by the US Attorneys Office for the Southern District of New York, which found a "deep-seated culture of violence" against teenage inmates at the facility. While New York City Mayor Bill de Blasio announced Wednesday an end to solitary confinement for adolescent inmates, the lawsuit claims that federal prosecutors have been unable to reach an agreement with the city on other recommended reforms. The lawsuit, filed by US Attorney General Eric Holder and US Attorney Preet Bharara, seeks a court order to ensure that other reforms take place.
European court gives UK visa direction
The UK cannot block family members who are originally from outside Europe but now live in the EU entering the country without a visa, European judges say. The decision could open up UK borders to other non-EU nationals living in Europe. The European Court of Justice (ECJ), which interprets EU law, says the UK cannot demand that family members of EU citizens resident in the EU have to have a special visa to come to the UK. It said concerns over abuse of rights and fraud did not justify the measures. Prime Minister David Cameron disagreed with the ruling.
New York bans fracking over "significant health risks"
Hydraulic fracturing, or fracking, will be banned in New York state, governor Andrew Cuomo's administration announced. A report has concluded that the method of extracting oil and gas potentially poses health risks. "Relying on the limited data presently available would be negligent on my part," said state Health Commissioner Howard Zucker. Vermont is the only other US state to ban fracking.
Wal-Mart accused of ignoring order to give up bribery files
Wal-Mart Stores Inc. was accused by investors of ignoring a court order to turn over more internal files on what directors knew about claims that officials handed out bribes to facilitate Mexican real-estate deals in an effort to build the chain's presence in the country. Officials of the world's largest retailer should be ordered to pay more than $1 million in sanctions for ignoring a Delaware Chancery judge's demand to provide more documents and e-mails about the internal probe of the bribery allegations, according to a pension fund that contends Wal-Mart directors didn't properly oversee company operations.
Iraqi Kurds say siege of Mount Sinjar broken
Al Jazeera, Doha, Qatar
Amr Moussa Considers Election Boycott
Asharq Al-Awsat, Pan-Arab daily, London, England
Pakistani military reportedly kills 59 militants in northwest Pakistan
Haaretz, Liberal daily, Tel Aviv, Israel
Eight children found dead in Cairns
BBC News, Centrist newscaster, London, England
Did Obamas experience racial bias?
CNN International, London, England
Why today's Annie is just too slick to be lovable†
Daily Mail, Conservative daily, London, England
Eight children found dead at Cairns home
Daily Mail, Conservative daily, London, England
Multinationals including L'Oreal and Unilever fined millions for price fixing
EuroNews, International news, Ecully Cedex, France
French ex-airline boss claims cover-up on MH370
France 24, Issy-les-Moulineaux, France
Hungarian Roma sues Beyonce over smash hit
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
US Secret Service stretched 'beyond its limits,' says review panel
Independent The, London, England
Eight children murdered in mass stabbing in Australia
Telegraph The, Conservative daily, London, England
Steven Moffat on Doctor Who Christmas special: The scariest bits are for the kids
Telegraph The, Celebrity news, London, England
Kaohsiung charges LCY chair, 11 others over blasts
China Post, English-language daily, Taipei, Taiwan
Christmas Shopping Season Brings Limited Benefits
Chosun Ilbo, Conservative daily, Seoul, South Korea
Suspected Boko Haram gunmen kidnap 172 in Nigeria
Hindustan Times, New Delhi, India
Elections not before April? Kejri jibe at BJP sparks row
India Times, Conservative daily, New Delhi, India
Obokata fails to reproduce 'STAP cell' discovery
Japan Times, Independent centrist, Tokyo, Japan
Pakistan military: 32 militants killed in ambush in NW following school massacre
New Zealand Herald, Conservative daily, Auckland, New Zealand
Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore
The woman in 'Window 4'
Sydney Morning Herald, Centrist daily, Sydney, Australia
Herath expected to miss 1st NZ-Sri Lanka test
Taiwan News, English-language daily, Taipei, Taiwan
EBay CEO John Donahoe to get $23 million exit package after PayPal split
The Economic Times, Business, Mumbai, India
Sony cyberattack: what's Obama going to do about it?
Canadian Broadcasting Centre, Toronto, Ontario
Eight children found dead inside Australian home: police
Globe and Mail The, Centrist daily, Toronto, Canada
Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S
Climate Neutrality - the Lifeboat Launched by Lima
IPS Latin America, International cooperative of journalists, Rome, Italy
Amazon's cloud business a harder sell in post-Snowden era
Reuters, Business News, New York, U.S
Pakistan to appeal bail for man accused of masterminding Mumbai attack
Reuters, World News, New York, U.S
Baseball, boxing and beyond: How a U.S.-Cuba thaw could change the sports industry
Toronto Star, Toronto, Ontario
'200 villagers' kidnapped in Nigeria
BBC News, Centrist newscaster, London, England
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