Successful Barrister

Did you know your law firm might be worth nothing? That’s the - wait, what?! In this episode of the Successful Barrister, Marc Whitehead & Diana Berry talk all things succession planning as it relates to your law firm. Hear how to confront your fears about succession planning, the best options for your succession plan, whether you need to sell your law firm, how to transition from Operator to Owner, and the introduction of our new segment: Marc’s 5 Action Items. Including Marc’s plans at age 110.Learn more about the Successful Barrister at SuccessfulBarrister.com, Marc Whitehead & Associates at DisabilityDenials.com, and contact Marc Whitehead at [email protected]

Did you know making new habits is easy? That’s the dumbest thing Marc’s ever said. In this episode of the Successful Barrister, Marc Whitehead & Diana Berry talk the key lessons from the iconic bestseller Atomic Habits by James Clear - and apply them to Marc’s busy calendar. Hear how to use the Four Laws of Behavior Change from Atomic Habits, the problem with our calendars, how to pair enjoyable activities with less appealing tasks, how to avoid perfectionism, and how to stay accountable with your new habits. Make sure you enjoy, because Diana spent 2 months preparing for this episode.Learn more about the Successful Barrister at SuccessfulBarrister.com, Marc Whitehead & Associates at DisabilityDenials.com, and contact Marc Whitehead at [email protected]

Did you know TV advertising still works for law firms? That’s the dumbest thing Marc’s ever said. In this episode of the Successful Barrister, Marc Whitehead & Diana Berry talk what works and what doesn’t work when it comes to TV advertising for law firms - with all sorts of highs & lows from Marc’s 30+ years running TV commercials. Hear whether TV advertising is dead, the main benefits of TV advertising for your law firm, how to avoid the mistakes Marc made, where to run your ads, and how much to spend on TV ads. You’ll even get a phone number or two.Learn more about the Successful Barrister at SuccessfulBarrister.com, Marc Whitehead & Associates at DisabilityDenials.com, and contact Marc Whitehead at [email protected]

Did you know a good vendor can manage themselves? That’s the dumbest thing Marc’s ever said. In this episode of the Successful Barrister, Marc Whitehead & Diana Berry recap their visit to the AAJ 2025 Annual Convention in chilly San Francisco and set the record straight on building & managing strong vendor relationships. Hear how to choose the right vendor for your law firm, how to set clear expectations with your vendors, why you need to communicate frequently & transparently, how to track their performance with data, how to be a good client, and when to walk away. Complete with branded socks and a trip to Walmart.Learn more about the Successful Barrister at SuccessfulBarrister.com, Marc Whitehead & Associates at DisabilityDenials.com, and contact Marc Whitehead at [email protected]

Running a profitable law firm is one thing, but maintaining healthy cash flow is another. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry dive into the numbers behind law firm management, specifically focusing on the cash strategies outlined in Verne Harnish’s book Scaling Up. While EOS offers a solid framework for team health and traction, it doesn’t address the cash side of business—so Marc and Diana walk through the cash flow tools they’ve adopted from Scaling Up and how they apply them inside a real-world law practice.From the timing of contingency fees and billing delays to operating expenses and bad-case inventory, they break down the entire cash conversion cycle. You’ll learn how to reduce collection lag, manage vendor terms, and forecast cash more effectively. Whether you're running a contingency-based firm, charging flat fees, or billing hourly, this episode offers a toolkit for tightening up your cash position, improving profitability, and avoiding the all-too-common trap of being profitable on paper but broke at the bank.For detailed show notes, navigate using the timestamps below:[0:00] Marc and Diana kick off a Friday recording session and introduce the focus of today’s episode: cash flow inside law firms and what EOS doesn’t cover.[00:50] EOS vs. Scaling Up—why Marc incorporates Scaling Up’s cashflow tools at the finance committee level to fill in financial gaps.[04:38] Profit isn’t cash. After taxes, credit payments, and case expenses, your bank balance may look very different than your P&L.[09:45] Contingency-based firms often face long delays between finishing work and getting paid. Meanwhile, overhead and draws keep draining cash.[15:40] The Cash Conversion Cycle tracks every step from initial spend to final payment. Each phase—sales, delivery, billing, collections—can be optimized.[23:12] The seven levers of cash flow: pricing, volume, direct cost, operating expenses, receivables, inventory, and payables. Small adjustments can yield big results.[35:48] Marc’s firm uses a 13-week cashflow forecast and weekly dashboards to monitor real-time cash. It’s about anticipating—not reacting.[41:55] Final metrics to watch: time on desk, unreimbursed costs, budget vs. actuals, and line of credit usage. These indicators help you stay ahead of cash problems.Successful Barrister website: www.successfulbarrister.com Marc Whitehead & Associates: www.disabilitydenials.com Scaling Up by Verne Harnish: www.scalingup.com/book Contact Marc Whitehead: [email protected]

When you’re running a law firm, pressure is part of the package—but how you respond to that pressure determines your long-term success. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry explore how Stoic philosophy can help lawyers navigate the inevitable stressors of legal practice. Drawing from Ryan Holiday’s The Obstacle Is the Way, they discuss how perception, action, and inner strength are essential tools for staying grounded, making better decisions, and leading with clarity—even when things don’t go according to plan.From client complaints and staff turnover to court delays and burnout, Marc and Diana share how to reframe challenges and move forward with purpose. They offer real-world applications of Stoic thought inside a modern law firm, including tips for conducting exit interviews, optimizing systems under pressure, and building emotional resilience. Whether you’re in a growth phase or navigating setbacks, this episode provides a clear framework for turning obstacles into momentum.For detailed show notes, navigate using the timestamps below:[0:00] Marc opens with a Star Trek reference and shares details about his upcoming interactive workshop with Atticus on October 3 in Houston.[00:51] What makes the workshop unique: it encourages lawyers to slow down, collaborate, and leave with a masterplan tailored to their goals.[05:39] Marc introduces Stoicism through the lens of The Obstacle Is the Way. Focus on what you can control and accept what you can’t.[13:34] Perception is the first pillar. Staff loss or negative reviews can become opportunities to improve systems and gather honest feedback.[24:24] Action is the second pillar. You may not be able to speed up court processes, but you can improve your own workflows and discipline.[31:15] Inner strength is the third pillar. Build mental endurance, find outside support, and create a culture of resilience within your firm.[40:53] Final thoughts: When pain hits, the key is to focus on what’s next. Journal, reframe the narrative, and keep moving forward.Successful Barrister website: https://www.successfulbarrister.com/Marc Whitehead & Associates: https://disabilitydenials.com/The Obstacle Is the Way by Ryan Holiday: https://www.amazon.com/dp/0593719913Register for the Oct 3rd Workshop in Houston: https://atticusadvantage.com/workshops/roadmap-for-success-houston/Contact Marc Whitehead: [email protected]

When you're building a legal career, it’s easy to focus on success inside the courtroom—but what about financial success outside of it? In this episode of The Successful Barrister, Marc Whitehead and Diana Berry dive into the path toward true wealth and financial freedom for lawyers using the framework from Robert Kiyosaki’s Cashflow Quadrant.They break down the four types of earners—employee, self-employed, business owner, and investor—and explain how lawyers often end up as accidental business owners without a long-term wealth strategy. Marc shares his own journey through the quadrants, from a ranch hand at 15 to leading a law firm that runs without his daily input. Whether you're just starting out or wondering how to scale, this episode provides a candid, step-by-step look at how to shift from trading time for money to building systems that work for you.For detailed show notes, navigate using the time stamps below:[0:00] Marc and Diana introduce the topic of financial freedom for lawyers using Cashflow Quadrant as their guide.[0:53] They break down the quadrant’s four categories and why it resonated with Marc. Many lawyers unknowingly trap themselves in the self-employed mindset.[6:10] Diana explains each quadrant: E (Employee), S (Self-Employed), B (Business Owner), and I (Investor). They share how mindset and systems help move you through them.[9:57] Marc recalls starting out in W-2 jobs before going out on his own. He eventually transitioned to business owner and now invests in other firms—including ABS models.[16:07] Being an employee offers security, support, and a steady paycheck. But income potential is limited and control is minimal.[20:15] In the self-employed quadrant, you own your job but not a scalable business. Diana explains how being indispensable keeps lawyers stuck and vulnerable.[28:27] Marc shares how his firm now runs without him thanks to systems and strong teams. This quadrant is about building wealth through others’ time, not just your own.[32:58] As an investor, Marc puts up capital in mass tort litigations and other ventures. These investments generate income without requiring his time or legal involvement.[41:15] Final thoughts: To build wealth, move right on the quadrant. Learn to let go of control, manage risk, and build leverage for long-term freedom.Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/Cashflow Quadrant by Robert Kiyosaki: https://www.amazon.com/dp/0446677477Email Marc Whitehead: [email protected]

What do cargo planes, Star Wars, and disability law have in common? In this episode, Marc and Diana dive deep into the power of storytelling and why every lawyer needs to master it—both in the courtroom and in their marketing. Whether you’re persuading a jury or speaking to potential clients, turning your cases into compelling narratives makes all the difference. They discuss insights from Donald Miller’s Building a StoryBrand and break down the SB7 framework with a fictional—but all too familiar—character named Mike the Mechanic.Marc also shares how he uses Mike’s story to communicate what his firm does in a way that sticks. Listen in for tips on making your client the hero, establishing your firm as the guide, and creating clarity in your message that leads to action.For more detailed show notes, navigate using the timestamps below:[0:00] Introduction [0:51] Marc shares takeaways from a recent summit while Diana reflects on her trip to the Dominican Republic. Together, they introduce Building a StoryBrand and compare courtroom storytelling with marketing strategy.[5:29] Marc and Diana explain that many lawyers market themselves instead of focusing on the client. Marc uses a Star Wars analogy to break down the SB7 framework and highlight the importance of having a hero, guide, villain, and call to action.[12:25] Marc introduces Mike the Mechanic to illustrate the storytelling process. The hero of the story is always the client.[15:12] Marc outlines how to establish a strong problem and villain, using the insurance company as Mike’s obstacle. Diana walks through four qualities that make a villain compelling.[21:10] Marc explains that the lawyer plays the role of the guide, offering both empathy and authority. At the firm, this includes showing clients how they hold insurance companies accountable.[25:48] Diana covers the next step in the framework: the plan. Marc Whitehead and Associates gives every client a handbook and includes a 30-day opt-out, helping reduce commitment anxiety.[30:48] Marc shares how his team prompts clients to act after a denial letter, encouraging them to respond before their appeal window closes.[33:25] Diana explains that people often act to avoid failure more than to gain success. In Mike’s case, failure means no income or peace of mind.[39:23] Marc retells Mike’s story from start to finish, showing how it helped educate a room full of lawyers. Framing real issues through narrative proved far more effective than delivering technical explanations.Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/Donald Miller’s StoryBrand: https://amzn.to/3VF4tfdEmail Marc Whitehead: [email protected]

When you're running a firm, having great ideas isn't the hard part—implementing them is. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry introduce you to the Entrepreneurial Operating System (EOS), a proven framework that helps law firms gain traction. From the Vision Traction Organizer to Level 10 meetings and scorecards, they walk through the tools that brought clarity and accountability to their firm.You'll learn how to identify the right tools for your team, where to get them for free, and why even small changes can create serious momentum. Whether you're solo or managing multiple departments, EOS offers structure without rigidity—and can eliminate wasted time, unclear expectations, and unnecessary meetings.For detailed show notes, navigate using the time stamps below:[0:00] Marc and Diana introduce the topic of EOS and share why they’ve implemented its structure and tools inside their own firm.[2:18] They explain what EOS is, what it helps with, and where to find free versions of its tools online. EOS isn't a sponsor, just a system they’ve found useful.[8:47] Marc shares his favorite tool, the Vision Traction Organizer (VTO), and how it creates a living five-year business plan that grows with your firm. Diana pushes back on how hard it is to perfect, while Marc stresses the importance of flexibility.[20:04] Diana highlights the Level 10 Meeting and why its consistent agenda increases accountability and keeps meetings productive. The IDS section—Identify, Discuss, Solve—is where real progress is made.[29:32] Marc explains the Accountability Chart and how it clarifies who is responsible for what in your firm. It replaces the org chart and helps prevent confusion about accountability.[35:19] Diana dives into the Scorecard and how it tracks weekly data with red/green indicators to monitor trends and outcomes. Though it was tough to implement, it’s now an essential part of their firm’s management rhythm.[45:14] The duo discusses two more tools they love: the People Analyzer, which evaluates team fit based on core values, and Delegate & Elevate, which helps leaders identify what tasks they should let go of.[58:18] Final thoughts: Start with one EOS tool and build from there. Visit eosworldwide.com, get the book Traction, and take action one step at a time.Resources Mentioned in This EpisodeEOS Worldwide Website: https://www.eosworldwide.comFree EOS Tools: https://www.eo

Labor shortages, retention problems, and rising costs—sound familiar? In this episode, Marc and Diana discuss how offshoring (and nearshoring) can solve staffing problems without compromising quality. You’ll hear firsthand experiences, best practices, vendor recommendations, and how Marc Whitehead & Associates integrates offshore staff into the firm culture. If you’ve been curious about how offshoring could work in a legal setting, this episode is packed with the insight and cautionary wisdom you need to get started.For detailed show notes, navigate using the timestamps below:[00:00] Introduction[1:22] Marc and Diana ease into the episode with a casual catch-up and introduce the topic: offshoring as a scalable solution to labor shortage. [04:18] Marc explains how COVID impacted hiring. Diana and Marc share how they turned to offshoring as a solution and the kinds of tasks offshore workers initially helped with.[07:33] Marc and Diana discuss how offshoring supports future scalability and how to hire strategically. They give insight into early struggles and lessons learned around screening, language requirements, and vetting partners.[12:47] The conversation shifts to best practices in evaluating companies. Diana stresses the importance of clarity, especially as needs evolve. She outlines the benefits of internal screening processes, video assessments, and understanding international education standards.[20:16] Offshore workers do get access to your systems, but with oversight. Marc compares the risk to hiring inexperienced domestic staff and talks about monitoring tools like Active Trac and Teramind. [26:25] A deeper look into how tools like DialPad and Teramind help monitor productivity. Marc emphasizes that monitoring and performance tracking are critical regardless of location.[28:05] Diana and Marc dive into specific vendors they’ve worked with. They also emphasize matching vendor capabilities with job needs.[45:00] Looking to the future, Marc shares thoughts on where outsourcing fits into firm growth and how it intersects with AI. He encourages starting with mundane, time-consuming tasks, and stresses the importance of trust and consistent integration.[51:50] Onboarding, continuing education, and KPIs must apply equally to domestic and offshore staff. Marc notes the loyalty and long-term perspective of offshore hires.[55:50] Cost breakdown: Offshore labor is typically half the cost of domestic staff, with added flexibility and scalability. Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/iFIVE: https://ifiveglobal.com/about/Black Birch Group: https://blackbirchgroup.com/OnlineJobs|PH: https://www.onlinejobs.ph/Get Staffed Up: https://getstaffedup.com/Email Marc Whitehead: [email protected]

When cash flow gets messy, even the most organized firm can spiral into chaos. In this episode of the Successful Barrister, Marc Whitehead and Diana Berry dive into the mechanics of law firm profitability, from phantom income to the RULES matrix. They talk candidly about the financial traps contingency firms fall into and how Marc Whitehead & Associates dug their way out. You’ll learn why more cases don't always equal more profits and how law firm owners can use financial data—not gut feelings—to lead better. If your cash flow depends on you, it’s not dependable.This conversation is grounded in real experience and informed by tools like Atticus’s RULES matrix and Cash Flow and Profitability, by Mark Powers and Shawn McNalis. Whether you're solo or scaling, this episode challenges you to run your firm like a business and invest in systems that create freedom.For detailed show notes, navigate using the time stamps below: 0:51 Marc and Diana talk about the end-of-school-year chaos known as “Maycember,” sharing some behind-the-scenes from Marc’s family life.2:34 Cash flow isn’t just numbers—it’s what lets you sleep at night. Marc breaks down how financial visibility helps owners avoid panic and make strategic decisions.6:12 Phantom income hits law firms hard. Marc explains how repaying credit lines and fronting expenses can skew the reality of profitability and create tax burdens not reflected on a P&L.12:12 The myth that more cases equals more profit is busted. Using the RULES matrix from Atticus, Marc explains that profitability is about quality, not quantity, and highlights key takeaways from Cash Flow and Profitability.16:05 RULES stands for Rate, Utilization, Leverage, Expenses, and Speed—each a lever that impacts your firm’s cash flow. The discussion unpacks what each element means in real-world operations.22:06 To improve their fee structure, Marc Whitehead & Associates tightened client criteria and monitored feedback from intake staff. Collections are just as important as pricing in the profitability equation.29:11 Utilization is all about maximizing productivity. Marc shares how they assign tasks based on skill level, and even used overseas help for small but time-consuming jobs.32:01 Leverage involves knowing your labor-to-revenue ratio and using tools like Foundation AI to automate repetitive processes like scanning mail. Technology and training go hand in hand.35:58 Expenses can quietly eat away at profits. Marc and Diana describe how they used a zero-based budgeting approach to cut nearly $100,000 by reassessing every line item.39:55 Speed—how long a case sits on your desk—directly impacts value. Marc reflects on how delaying settlements used to feel productive but ultimately cost the firm time and money.43:10 From chaos to clarity requires a mindset shift. The episode wraps with a breakdown of the Cash Flow Quadrant from Rich Dad, Poor Dad, encouraging lawyers to evolve from self-employed to true business owners.Atticus RULES Matrix: https://atticusadvantage.com/Buy Cash Flow and Profitability: https://www.amazon.com/Cashflow-Profitability-School-Running-Successful/dp/0578756382Buy Rich Dad, Poor Dad: https://amzn.to/4bMWoswFoundation AI: https://www.foundationai.com/Visit the Successful Barrister website: https://www.successfulbarrister.com/Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Marketing on a budget? As Marc Whitehead sees it, most firms are looking for a way to compete with the 800-pound gorilla in their market. How do you outcompete someone with a million-dollar budget? You don’t—you outsmart them. Tune in for tips about smart marketing, the top three channels for marketing on a budget, and key tips from Allan Dib’s Lean Marketing. Marc and Diana start by defining lean marketing, and then they dive into the book Lean Marketing and their takeaways from it. They move into discussing lean marketing as it applies to firms and the lean marketing strategies used at Marc Whitehead & Associates. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[1:52] Today’s episode will loosely cover Lean Marketing by Allan Dib. The book focuses on high-action, low-waste, and fast feedback marketing. [5:44] The first step to lean marketing is avoiding random acts of marketing. Next, you look at how you can out-compete the largest players in your market by focusing on smart spending. [7:49] Marketing is the price you pay for being unremarkable. In your marketing, you have to identify something that makes you remarkable, or at least unique, and sell potential clients on that aspect. [10:13] Lean marketing is about being strategy-first, and then moving into execution. Blindly executing on ideas without a plan is a great way to waste money.[14:38] Marketing campaigns can focus on any of seven motivators: money, time, freedom, peace of mind, status, leisure, and approval. Key motivators for law include money, time, status, freedom, and peace of mind. [21:21] Your firm is in the people business, so definitionally it is in the feelings business. Marketing is about playing into the feelings clients have about their legal representation.[23:20] Marc Whitehead & Associates has identified three unique parts of their firm: Marc Whitehead is board certified, he wrote a book on disability law, and his firm is convenient and easy to work with. [26:35] There are three cost-efficient tools that Marc recommends. The first is digital channels like having a good website and search engine optimization. The second is attorney referral marketing, or marketing to other attorneys. The third is client referral marketing. [33:52] For people with a small marketing team, social media can be used in a lean way by leveraging your networks. [41:00] When Mark Whitehead & Associates experiments with marketing, the experimentations are tracked in a spreadsheet by the head of marketing. Channels are tracked by tracking numbers and surveys.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Buy Lean Marketing: More leads. More Profit. Less Marketing. by Allan Dib: https://www.amazon.com/Lean-Marketing-Less-More-Business/dp/1774583941 Listen to Lean Marketing: https://www.audible.com/pd/Lean-Marketing-Audiobook/B0D2DW5KJF Email Marc Whitehead: [email protected]

Looking for the latest insights on marketing and managing your firm? In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss their key takeaways from the PILMMA (Personal Injury Lawyers Marketing & Management Association) Super Summit. They share their most memorable insights and favorite speakers, and share how they plan to apply these insights to Marc Whitehead & Associates. Tune in for information on holding your vendors accountable, scaling your firm, and making the most of the summits you attend. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[1:17] Marc and Diana went to the PILMMA Super Summit last week in Denver. PILMMA stands for Personal Injury Lawyers Marketing & Management Association.[3:15] The PILMMA Super Summit is three and a half days long, so it takes most of a week to attend. He took lots of team members with him, which will help with the dissemination of the key takeaways from the summit.[10:38] Diana’s first favorite talk was From Two to Two-Hundred: Key Steps in Scaling Your Firm from Greg Ward and Yanni Martinez Ward. Greg introduced the concept of the valleys of death to Diana. The valleys of death refers to the difficult period companies need to endure to scale. [17:30] Marc enjoyed many of the marketing presentations. Tanner Jones spoke on Building Accountability with Your Marketing Partners, specifically around holding your SEO vendor’s feet to the fire. [18:50] Jason Hennessey from Hennessey digital also spoke on SEO marketing, along with many other SEO marketing vendors. SEO marketing vendors will feed you statistics that may or may not be meaningful, and understanding what these statistics mean will help you keep your vendors accountable.[25:05] Diana found the discussion on attorney compensation from David Vicknair interesting. The main takeaway was that attorney compensation should be at or below twenty percent of your revenue. [34:25] Marc’s next highlight is Jeff Hampton’s presentation on YouTube marketing strategies. He talked about his strategy using YouTube to market his firm, and gave tips on creating compelling content. [41:04] Cassie Lewis was one of Diana’s favorite speakers, and she left with a lot of valuable takeaways from her presentation that were not directly related to her content. [46:02] Cassie Lewis has a side gig as a fractional CMO and is selling a course on marketing. You can take the course here: https://thecmoacademy.com/ Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected]

Looking to level up your firm? There are lots of programs out there to help small businesses create better internal systems, and Marc Whitehead & Associates uses EOS, or the Entrepreneurial Operating System. After one year of EOS, Marc and Diana give their review of EOS’s top benefits and surprises, as well as the issues EOS was not able to fix. Tune in to find out what to expect from EOS, how to make the most of it, and whether it is the right fit for your firm. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[1:17] Marc and Diana recently returned from their EOS retreat, where they spent the first day on teambuilding and the second day on more actionable items for improvement. [3:01] EOS stands for the Entrepreneurial Operating System, and it is designed to take small businesses to the next level through leadership development, communication, and behavioral changes. [11:02] Having a neutral set of eyes without an agenda was a big help for Marc Whitehead & Associates. You can find local EOS implementers, though they do tend to be expensive. [16:23] Marc was a guest on Ruby Powers’s podcast Power Up Your Practice last week. You can listen to the episode here: https://podcasts.apple.com/us/podcast/ep-60-behind-the-mic-and-the-practice-lessons/id1727939889?i=1000705463147 [18:42] Marc was surprised by how quickly his leadership team took to EOS. People who did not have as much structure were quick to embrace EOS, while others who were already structured were more resistant. Diana was surprised at how well the rest of the team took to level 10 meetings.[23:26] EOS provided a mechanism to disseminate new ideas to the rest of the firm through department-level meetings. [26:30] Marc considers the issue-processing part of EOS the biggest win for the firm. EOS requires that all issues be processed by the end of each Level 10 meeting.[32:10] One thing EOS has not done for Marc Whithead & Associates is build trust. Difficult personality conflicts or pervasive distrust will not be solved by EOS.[34:22] Marc’s only regret with EOS is not starting sooner, specifically around 2020.[37:49] Over the next year, Marc sees the firm’s “rocks” becoming more focused on big changes that move the needle instead of putting out fires.[39:31] Marc wishes he knew that it would take a full year to put out all of the small fires in the firm and start focusing on big-picture goals. [41:15] Diana was surprised by how important the visionary-integrator relationship is. Marc ads that you should not do EOS if there is not consensus around who the integrator will be. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected] Listen to Marc on the Power Up Your Practice Podcast with Ruby Powers: https://podcasts.apple.com/us/podcast/ep-60-behind-the-mic-and-the-practice-lessons/id1727939889?i=1000705463147

Marketing is only half the battle. While marketing can be extremely valuable, any marketing spending is wasted if your firm does not have the capacity to sign on the cases your marketing attracts. In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss how Marc Whitehead & Associates created a winning intake department; from early mistakes the firm made to five quick tips to set your intake department up for success. Plus, Marc is offering his firm’s intake training manual in Word format for you to adapt to your firm! Listen until the end to learn how to get it. For detailed show notes, navigate using the time stamps below:[0:00] Introduction[2:34] Today’s episode is about how to set your intake department up for success. Your intake department is the bridge between your marketing and taking on new cases.[5:14] Marc’s biggest mistake was not having an intake department from the get-go. This led to Marc becoming a chokepoint, thereby limiting the number of new clients the firm could take on.[11:34] The firm’s intake process has become very sophisticated, with a specialized department and technology to track their progress.[15:44] Your intake department should be made up of extroverted and reliable people. You can develop scripts for your intake specialists to help them get the relevant information to determine if the firm should take their case. [22:53] Your firm is not selling law, it is selling a solution to a problem. Marc developed a sales process based on this problem-solving approach. [28:58] Marc Whitehead & Associates holds its intake department to a 95% contact rate goal and a 90% qualified lead sign on goal.[31:16] The firm also grades its intake department on its hand-off rate, or the transfer of cases to the people who will be working on the case.[38:41] Marc’s first quick intake tip is to simplify everything you do. You can simplify your contracts to make them simple to explain over the phone and use DocuSign so clients can sign virtually.[41:35] For Marc Whitehead & Associates, urgency is naturally built into the process on the client end, but other firms may need to build it in. Another tip is to explain your legal fee as a “success fee.”[43:46] You can send “wow packages” to “wow” your clients with branded merchandise. [45:24] Marc is offering his intake training manual in Word format. You can reach out to [email protected] and mention the podcast in your email to get the manual for free.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected]

Your clients shouldn’t just be your clients. They should be a crucial piece of your marketing strategy. In today’s episode, Marc Whitehead and Diana Berry discuss the basics of client referral marketing, from how to collect client referral sources to how to create memorable moments with your client to keep your firm top-of-mind. From digital newsletters to snail mail to social media, there are lots of ways to stay in touch with your clients and community. Diana and Marc discuss some of the ways they currently manage their client referral marketing network, as well as their future plans to implement new strategies. For detailed show notes, navigate using the time stamps below:[2:34] Last episode was about attorney referral marketing, while this episode focuses on client referral marketing. Client marketing allows for more liberal rules than general marketing to the public. “Clients” in this base can include anyone who has ever expressed interest in working with you.[5:05] Every business has a flywheel, and the legal business flywheel generally involves generating interest, then converting interested people into paying clients, then performing the work and helping your clients understand that you did a good job, and then keeping in touch with those clients.[8:42] Your clients have value long after you have represented them as referral sources. It is also important to continue to “feed” your flywheel, as some of your clients will pass away.[11:55] Marc Whitehead & Associates uses Litify to store client information such as contact information, birthdays, and more. This includes clients the firm has serves and people who have reached out to express interest.[17:22] Marc Whitehead & Associates tries to get a 20% open rate on client newsletters, and often uses A/B testing to compare performance. [19:56] Marc says that printed newsletters have more value now than ever as people are receiving less junk mail. He also sends out magnet calendars to past clients. [23:30] The firm also holds virtual town halls on relevant topics and current events to get in front of clients. [30:49] Client referral marketing is ultimately about creating “moments” with your clients. This can include calling a year after you win a client’s case to check in, or set up notifications for major life events. [34:59] Marc Whitehead & Associates is considering putting together a “win package” as a memorable gift following a win with branded elements. [38:18] The firm also has scholarships for disabled people and veterans to market its brand to the community. [41:22] To create interest and buzz, you need to be somewhat controversial. There are relevant political processes threatening the rights of clients that Marc Whithead & Associates publicly comments on, and it can also mobilize clients. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected]

Are you making the most of your referral network? Building and maintaining a robust referral network is a long-term strategy that will help you get consistent sources of new cases, but building a network is a marathon, not a sprint. In today’s episode of the Successful Barrister Podcast, learn how to build a referral marketing network, how to maintain your network, and how to stay top of mind for your referral sources. Marc and Diana begin by explaining what attorney referral marketing is, how it works, and some basic tips to get started like developing a niche. Next, they move into discussing marketing to your referral sources, creating referral tiers, and rewarding your top referral sources. For detailed show notes, navigate using the time stamps below:[1:10] Today’s episode will focus on marketing your firm to other lawyers. Marc and Diana will give practical tips on their referral marketing approach. [4:19] Marc has a “herd” of about 20,000 clients and former clients that he markets the practice to. However, you cannot service every need your “herd” has because many of their needs will fall outside the scope of your practice. By referring your herd and getting referrals from other herds, you can expand. [7:33] Attorney referral is a long-term strategy. You have to be known for a specific subject to get referrals, and becoming known in your niche will help you gain more referrals. [9:20] Your niche can be a specific area of law, a specific type of client you represent, or based on a contribution to your niche like writing a book. [17:32] Marc Whitehead & Associates started to become known for working on social security benefit denials by writing a how-to book for potential clients. Books can also act as a type of business card you can give away. [24:55] Next, Marc started to keep a list of his contacts. He started from trial lawyers associations and added their contacts to the list. To reach all of the people on the list, Marc started the Successful Barrister newsletter. [33:11] Marc also sends a reminder to listen to the Successful Barrister Podcast to his email contacts. For more consistent referral sources, Marc sends gifts like books to keep the firm top of mind. [41:22] For Marc’s “top twenty” referral sources (the list is actually about one hundred sources), Marc gives out additional gives at odd times of the year to stick out. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected]

Marc’s Top 10 Books, Ten Books for a Better Law Practice (And Business), Ten Books to Grow Your FirmAre you taking business advice from outside of the legal world? In today’s episode, Marc presents his top ten books for growing your law firm. True to character, he has broken his own rules and covers fourteen books in the episode. Some cover the legal field specifically, while others focus on business more generally – your firm will benefit from both. Find out Marc’s favorite books and key takeaways, and decide for yourself whether his list or Diana’s list is better. For detailed show notes, navigate using the time stamps below:[1:30] Today’s episode is about Marc’s top ten books, but he has characteristically ignored the roles and has chosen fourteen. [5:27] Marc’s first book is Outlive: The Science and Art of Longevity by Peter Attia. His theory is about expanding your health-span: or, the number of healthy years that we live where we can live our lives to the fullest. [13:06] Marc’s second book is the Lean Law Firm by Dave Maxfield and Larry Port. The book centers around minimizing waste, from wasted time to wasted capitol. [18:07] The third book is Think and Grow Rich by Napoleon Hill, which came out in 1937. Napoleon interviewed successful people to uncover key strategies and came up with seventeen common traits. He coined the term “mastermind,” which he used to describe getting a group of like-minded individuals together to share ideas. [22:19] The Seven Habits of Highly Effective People by Stephen R. Covey is Marc’s fourth book. The book is a classic for a reason; some of Marc’s favorite ideas from the book are “begin with the end in mind” and the Eisenhower Matrix. [27:00] Marc’s next two books are Traction by Gino Wickman and Scaling Up by Verne Harnish. The books share similarities, and both are operating systems to run your business. Gino Wickman conceptualized his Entrepreneurial Operating System (EOS) in Traction. [33:22] Marc’s next book is E Myth Mastery by Michael A. Gerber. Marc had always conflated marketing and intake, or sales and marketing. However, E Myth Mastery separates them in a clear way and explains why they have to be handled differently.[37:00] Marc recently covered his next book, The 4 Disciplines of Execution by Chris McChesney, Sean Covey, and Jim Huling, in a Successful Barrister episode. The book explores the idea that great ideas do not count if you cannot execute them, and the idea of the “whirlwind.” [38:55] Marc’s final book before the break is You Can’t Teach Hungry by John Morgan. Morgan talks about building a client-centered practice, which is key to success in a client-centered industry. [44:25] Marc’s next four books cover his “four pillars” of running a successful firm, and are all by Mark Powers and Shawn McNalis for Atticus. They are Time Management for Attorneys, Cashflow & Productivity, Hire Slow, Fire Fast, and How Good Attorneys Become Great Rainmakers. There are lots of time management books out there, but Time Management for Attorneys focuses specifically on lawyers.[51:52] Hire Slow, Fire Fast introduces the concept of thinking of your teams as profit centers and investments rather than expenses, specifically by using the 3:1 concept.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead for his full list of favorite books: [email protected]

Is People Intelligence, Getting Emotional: Improve Your Firm’s EQSometimes, the soft skills are the hard skills. While emotional intelligence may seem like a fluffy concept, it can have real benefits in your practice. In this episode of the Successful Barrister, Marc and Diana discuss (and debate) the importance of emotional intelligence in law firms, particularly in your leadership team. They discuss the four components of emotional intelligence, times they applied at the firm, and how emotional intelligence improves your people skills in a people-centered industry. For detailed show notes, navigate using the time stamps below:[1:40] Today’s episode is about emotional intelligence. Diana and Marc both took the emotional intelligence test, and Marc scored lower than Diana. [4:07] Diana has two theses: 1. To be an effective, impactful leader you have to have a high EQ, and 2. Your law firm can only grow to the level of your leader with the lowest EQ. [4:33] Emotional intelligence has four components: self-awareness, self-regulation, social awareness, and social regulation. [6:30] Marc says that law is a people business, and dealing with people in a positive way is a requirement. EQ can help firm owners and staff engage with people more effectively.[11:14] Marc recently had to sit down with a new employee after he noticed a pattern of behavior at meetings. He related the conversation back to two of the firm’s core values: teamwork and effective communication. [16:26] Diana brings up a time when she did not exhibit high IQ by blowing up during a meeting. In that moment, she exhibited low self-regulation. [26:02] Marc is very self-aware according to his EQ test results. He disagrees with these results somewhat because he finds that he sometimes fails to be self-aware. [31:53] When you don’t understand how your emotions impact your team members, it can inhibit communication and make it difficult to take accountability. [35:32] High EQ is also about listening actively. There are times where your team members might not want a solution and just need to vent. [39:09] Marc says that the most successful people in business aren’t necessarily the smartest people. Instead, they usually have good people skills and can organize the people around them. Take the Emotional Intelligence 2.0 test: https://www.talentsmarteq.com/test/ Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Diana about her list: [email protected] Email Marc Whitehead: [email protected]

In this episode of the Successful Barrister, Diana Berry presents a list of her top ten book recommendations for law firms. From general business tips to books specific to firms, Diana covers books that have helped her gain a better understanding of Marc Whitehead & Associates and her role at the firm. Reach out to Diana to let her know if you agree or disagree with her favorites – and tune in next week to hear Marc’s list.For detailed show notes, navigate using the time stamps below:[2:14] Today’s episode is on Diana’s top ten favorite books. Marc feels very free to have not prepared anything for this episode. [3:40] Two of Diana’s books have been covered on the show – Four Disciplines of Execution and Traction. These, along with Diana’s Atticus required reading Fireproof, will make up Diana’s first segment. [7:12] Diana recommends reading Fireproof first because it is a very easy read, while Traction is a lot denser. Diana says she did not understand 4DX the first time she read it – it is even denser than Traction.[10:44] Every lawyer wants more cases, and getting cases is a lagging measure. On the other hand, getting leads is a leading measure.[12:49] Diana’s next two book recommendations are Tools of Titans and Tribe of Mentors, both by Tim Ferris. Tools of Titans is all about the habits of billionaires and other successful people. The book has sections on health, wealth, and wisdom. [18:11] Tribe of Mentors is about learning from others, and it uses very specific questions to get advice from its subjects. [23:22] The sixth book is The First Ninety Days by Michaels Watkins, which Diana says is the easiest book on this list. She reminds it to new owners and new hires. The book notes the importance of observing as a new person in a position.[27:29] The next three books are all by Jim Collins – Built to Last, Good to Great, and Great by Choice. These books focus on a business’s ability to capitalize on opportunities. Marc’s one criticism of the series is that it only focuses on big, publicly-traded companies, which operate differently than firms. [33:26] Diana’s last two books focus on soft skills. Diana’s tenth book recommendation is Dare to Lead by Brené Brown. The thesis of this book is that while businesses have access to the same tools, they are differentiated by their people – and being a good person can make you a better leader. [41:08] The bonus book on Diana’s list is Extreme Ownership: How U.S. Navy Seals Lead and Win by Jocko Willink and Leif Babin. The thesis of the book is that humans are generally not able to manage more than 6-10 people. Creating smaller teams and hierarchies can make your firm more scalable. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Diana about her list: [email protected] Email Marc Whitehead: [email protected]

Are you an effective executive? If you’re not sure, or even if you think you are, you can learn something from this episode of the Successful Barrister. In this conversation, Marc and Diana discuss leadership skills as conceptualized by Peter Drucker in his book The Effective Executive. Importantly, Drucker conceptualizes leadership as different than management; and argues that while many of us learned how to manage, that does not mean we know how to lead. Learn how to treat leadership as a skill, manage your time effectively, lean on your strengths, and more. For detailed show notes, navigate using the time stamps below:[2:14] Today’s episode is about something essential – how to be effective at what you do. Diana and Marc will be looking at The Effective Executive by Peter Drucker to organize their thoughts.[5:31] Drucker’s thesis is that you can improve at being an executive, and that the process to improve is not complicated, though it may be difficult. [8:17] Drucker mentions five principles throughout the book, the first of which is time management. Interestingly, Drucker separates the concept of management from leadership.[12:08] Marc did not realize that as a leader his biggest job would be resource allocation – determining where money, time, and people have to go to support the firm.[16:23] Time is the most precious resource – while you can make more money, you can’t make more time. As an executive, you have to learn new time management skills.[22:45] The second concept is choosing what to contribute to the organization. What are your basic functions? Once you have chosen what to contribute, you can better allocate your time. [25:55] Drucker’s third point is to make strengths productive – to determine the strengths of your team, and to allocate tasks in accordance with those strengths.[30:16] The fourth point is to exploit your opportunities. For Marc Whitehead & Associates, this has involved moving into elder law. This concept has both visionary and operational applications.[33:07] When the status quo will lead to disaster, it’s time to make a decision. This concept is key to decision making for Drucker. As a leader, you have to be willing to make the unpopular call. [39:41] Running a firm, specifically a contingency fee firm, is a risk business. To make money, you have to be willing to take risks. Making money in the practice of law is about taking bigger and bigger risks.[44:20] Diana notes the importance of coaching your staff to help them reach their potential and avoid poor decision making.Read The Effective Executive The Definitive Guide to Getting the Right Things Done by Peter Drucker: https://www.amazon.com/Effective-Executive-Definitive-Harperbusiness-Essentials/dp/0060833459 Listen to The Effective Executive: https://www.audible.com/pd/The-Effective-Executive-Audiobook/B01N40AUFG Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Thirty-Year Working Relationship!How do you retain your top talent? Fostering working relationships that last can be complicated, but Marc has worked with his paralegal Mel for thirty years, so he must be doing something right. On this first-ever guest cohost episode of Successful Barrister, Marc and Mel discuss why Mel stay for so many years; from how they met to the qualities that make them compatible. For detailed show notes, navigate using the time stamps below:[1:29] For the first time, Marc has a guest cohost – Melanie Donaldson, Marc’s paralegal for the last thirty years. The episode will focus on Mel’s thirty years working with Marc. [3:45] Marc and Mel tell the story of how they met. Despite not having the experience listed in the position, Mel went to the interview, got herself the job, and negotiated a higher salary than Marc originally offered. [9:35] Mel has watched the firm expand and Marc’s responsibilities expand with it. She has also taken on more responsibilities, particularly with respect to finances. [13:48] Marc tends to see new changes coming before Mel does because he acts as a visionary while she is busy in day-to-day operations. She talks about how going paperless helped the firm grow during COVID. [17:52] Marc and Mel recount some of their more memorable cases. [20:31] Mel attributes the longevity of her and Marc’s working relationship to the fact that they both like and respect each other.[28:32] Marc advises young professionals to work hard in their young years to prove themselves. Mel says to do something you’re passionate about to stay motivated.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In some ways, business can feel like a sport – there’s players, strategy, and to an extent, rules to play by to be successful. However, unlike a sport, business is not static; it does not have set p-layers, a set length, or an endpoint. In this episode, Marc and Diana discuss The Infinite Game by Simon Sinek. The book explores business through the lens of longevity and legacy, and gives tips to help you address the infinite nature of your business. Marc and Diana move through the five concepts Sinek outlines in the book and explain how they apply to Marc Whitehead & Associates – and how they don’t.For detailed show notes, navigate using the time stamps below:[2:10] Today’s, Marc and Diana are discussing The Infinite Game by Simon Sinek. Sinek is one of Marc’s favorite authors. [3:49] The concept of The Infinite Game is that it does not end – unlike a sport with fixed rules and players, business is fluid and constantly changing. [7:15] Looking at business as an infinite game allows you to make more strategic decisions by looking at your business in the long-term, empowering you to take losses as needed. [12:11] The first point Sinek makes in The Infinite Game is that your business should start by advancing a just cause. The just cause is something that inspires you to keep playing the game by helping you feel like you are part of something bigger than yourself. [20:01] Lawyers are very lucky as a profession in the just cause category because they improve people’s lives by solving their legal problems. However, Marc notes that profit can also be a just cause in itself.[22:30] Next, Sinek says to build trusting teams. This involves cultivating firm culture through collaborative strategies, innovation, and communication. [28:08] Another aspect of playing the Infinite Game is to study your worthy rivals. Law is a competitive profession, but it can also be very supportive. You can learn a lot from your rivals. [33:51] The fourth strategy is to prepare for existential flexibility. By this, Sinek means that businesses must be willing to completely shift their strategy. [37:45] The fifth and final concept in The Infinite Game is demonstrating the courage to lead. This trait is specifically about embracing uncertainty and resisting the temptation of short-term wins.[42:40] The core idea of The Infinite Game is thinking about longevity, or building your legacy. Diana points out that you can apply these concepts to your life as well.Buy The Infinite Game by Simon Sinek: https://www.amazon.com/Infinite-Game-Simon-Sinek/dp/073521350X Listen to The Infinite Game by Simon Sinek: https://www.audible.com/pd/The-Infinite-Game-Audiobook/B07DKHSL3W Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

How do you get in front of the right clients? In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss The One Page Marketing Plan as it relates to the marketing strategy of Marc Whitehead & Associates. Lots of firms are stuck in the past with their marketing, so taking inspiration from other industries can help your firm reach its future clients. There are three main pillars of marketing: the channels you choose, your USP (unique selling proposition), and your customer service. Optimizing all three will help your firm grow.For detailed show notes, navigate using the time stamps below:[1:45] Today’s, Marc and Diana are discussing The One Page Marketing Plan by Allan Dib and how marketing works at Marc Whitehead & Associates. [2:54] The main theme Marc liked about the book was using scalable leverage throughout your marketing program.[6:38] In Lean Marketing, there are seven things that people really buy, two of which apply to law. Those things are solutions to complex problems and time and convenience. When you market yourself, those are the psychological touchpoints that you need to hone in on. [11:55] The first piece of assembling your marketing plan is determining your audience. Your audience will affect the types of messages you push and the channels you push them in.[14:17] Marc Whitehead & Associates’ unique selling proposition is related to righting the wrong of an employer not keeping their promise to its employee. They advertise themselves as having made employers keep their promises. [21:00] Mark’s favorite distribution channel is search engine optimization, or the “Google gods.” He consistently sees high ROIs in SEO.[23:44] Pay-per-click Google ads are also an effective source of leads. Marc emphasizes the importance of using negative keywords to cut waste. [28:12] Leveraging technology has helped Marc Whitehead & Associates, particularly in their intake apartment.[33:19] Your best marketing channel is customer service because customer service is how your clients see you in action. In the contingency world, you typically (and hopefully) don’t get repeat business from a client, but your clients will have opportunities to recommend you to people who need help.[37:42] The best way to ask for referrals from clients is to get 5-star reviews from your clients. Importantly, you do not have to wait until representation is over to ask for a review.[42:44] Finally, the firm has a community relations program that is involved in different disease and mental health groups. These community organizations deal with the populations the firm wants to get in front of. Buy The One Page Marketing Plan by Allan Dib: https://www.amazon.com/1-Page-Marketing-Plan-Customers-Money-ebook/dp/B01B35M3SM Listen to The One Page Marketing Plan by Allan Dib: https://www.audible.com/pd/The-1-Page-Marketing-Plan-Audiobook/B01KOQW7HI Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Success can be simple. In today’s episode, Marc and Diana offer ten simple strategies that have contributed to Marc’s success for your practice to adopt. From scalability to marketing, these tips will help you plan for your firm’s future instead of getting caught up with in the whirlwind of day-to-day tasks. For detailed show notes, navigate using the time stamps below:[1:50] Instead of discussing a book, today’s episode is about the top ten things that have made Marc successful. [4:23] Marc’s first strategy is learning to “think big.” The primary role of a firm owner is to think – to strategize about the big picture. This is a learned skill, and it is difficult to acquire for many lawyers.[9:10] A lot of attorneys feel that they do not have time to think because they are too caught up in the whirlwind – the day-to-day needs of your firm. Diana suggests shifting your mindset: you can’t afford to not think.[12:03] Marc’s second tip is to learn from other successful lawyers. One formal way to do this is a “mastermind,” which is when lawyers get together to share ideas, but you can also do it informally. [18:34] You can also learn a lot by looking outside of law. One way to do this is by reading books about other industries and taking inspiration from how non-legal businesses are run. [25:30] The fourth strategy is to reverse-engineer your future. Marc recommends the Atticus tool My Great Life to get started. [29:50] Become the CEO of your firm, not the technician. This strategy is about developing processes and systems for your firm, and then delegating people to run those processes and systems. This stops you from being a bottleneck at your firm. [35:09] Getting more specific, the sixth tip is to create a sales department, also called an intake department. While sales is a dirty word in the legal world, it is necessary to grow your firm.[41:33] The seventh strategy is specialization. Find a well-paying niche and start to market your firm within it. [49:19] The eighth tip is to finance your case costs. This applies to contingency fee firms, and it helps free up cash.[55:24] Ninth, create profit centers. This involves taking yourself out of the equation as a revenue source. Instead, you will create self-running service lines within your firm. Too many people think of their employees as costs, but they should be profit centers.[59.28] The final strategy is to not be afraid of expanding your reach. In many practices, you can operate across the country without many major changes to what you’re doing. Get summaries of your audiobooks: https://summaries.com Get the My Great Life planner: https://atticusadvantage.com/books/my-great-life-planner/ Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Do you think you’re a great boss? Most of us do, but being a great boss is deceptively difficult and takes practice. Today, Marc and Diana discuss the appropriately titled How to Be a Great Boss by Gino Wickman and René Boer. They dive into the appropriate balance of friendliness and detachment from your employees, the key areas where bosses often fail, and how your workplace compares to a bus. For detailed show notes, navigate using the time stamps below:[2:28] Today’s episode is about how to be a great boss, through the framework of How to Be a Great Boss by Gino Wickman and René Boer. Marc doesn’t feel that he’s always been a great boss, but he has learned to become a great boss throughout his career.[3:29] According to Marc, being a great boss starts at choosing the right hires. It’s also about setting clear expectations so your employees know if they’re succeeding. [7:40] Often, employers compare their relationship with their employees to that of a family. However, you don’t want to adopt your employees – there is a level of detachment that is necessary, but you are bringing employees into your community for a shared purpose. [13:39] There is nothing natural about being a great boss; it is a learned art. You will have to work at it and make mistakes along the way.[16:20] Diana brings up Wickman’s tool, the GWC. The GWC is the “get it,” “want it,” and capacity to do something. Getting it is about understanding, wanting it is about staff buy-in, and capacity is about your emotional, physical, and time capacity to so something. [26:37] As the leader of a firm, you have to inspire people to go above and beyond what they would normally consider their maximum capacity. Part of this buy-in is related to the firm’s mission, which is to help its injured and disabled clients. [31:36] If you make the right hire, your employees will want to do a good job. The key is making clear what your expectations are so that your staff knows how to succeed. [35:09] In the bus analogy, you have to have the right person in the right seat, or role in your company. You can have the right person in the right seat, wrong person in the right seat, right person in the wrong seat, or the wrong person in the wrong seat. [38:10] Sometimes the right person in the right seat becomes the wrong person in the wrong seat as the needs of your positions change, technologies advance, and needs evolve. Buy How to Be a Great Boss by Gino Wickman and René Boer: https://www.amazon.com/How-Great-Boss-Gino-Wickman/dp/1942952848 Listen to How to Be a Great Boss: https://www.audible.com/pd/How-to-Be-a-Great-Boss-Audiobook/B01LFPUPVC Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

As a leader in your firm, you are not paid to get bogged down in the day-to-day tasks of your practice –you are paid to think. This can be difficult for many of us, because thinking is amorphous and unstructured. However, Paid to Think: A Leader’s Toolkit for Redefining Your Future by David Goldsmith gives a structure for your thinking. Learn how you can think and plan more effectively, how to project the future, and how to broaden your perspective to benefit your firm.For detailed show notes, navigate using the time stamps below:[1:16] Today, Marc and Diana will be discussing Paid to Think: A Leader’s Toolkit for Redefining Your Future by David Goldsmith. The book’s thesis is that thinking is the hardest work there is, which is part of why so few engage in it. [4:05] The leader of your firm should be spending around 90% of their time thinking and around 10% executing. Leaders are paid to think about the big picture, not to get bogged down in day-to-day tasks.[7:04] Part of the firm leader’s job is forecasting the future. You need to make plans for different potential futures and responses.[11:06] Goldsmith identifies four categories for how you think. They include strategizing, learning, performing, and forecasting. Strategizing involves planning – determining your niche, and coming up with a plan to beat your competition in that niche. [15:17] Strategizing involves developing a plan, choosing your service, establishing alliances, and leveraging technology. [17:50] Establishing alliances as a firm looks like finding firms that you do not compete with who have some relation to what you do. For Marc Whitehead & Associates, this involves partnerships with lots of personal injury firms.[24:30] The next step is learning, and you do not necessarily have to learn with a specific goal in mind. This helps you expand your perspective to come up with better strategy.[29:50] The political landscape determines the economic landscape that you will have to operate in. Understanding the political landscape will help you adapt and adjust before major changes catch you off guard.[32:28] Moving onto performing and leading, you need to empower your organization to execute on your ideas by getting them to buy in to their ideas.[35:30] Diana points out that one aspect of getting buy-in is making sure your team understands and agrees on the problem before trying to implement a solution. Marc explains that meetings can contribute to buy-in because meetings are group thinking exercises. [38:19] Part of performance is learning how to sell continuously. This involves self-promotion and marketing your firm to new clients.[42:08] None of us can predict the future, but we can make contingency plans. This is how your firm can prepare for the future – by preparing for the three most likely possible outcomes of a decision.[47:10] Trying to forecast what the future will look like in law involves forecasting the decisions of lawmakers, which requires you to understand the political landscape. Marc Whitehead & Associates has to think about what it might look like if the Social Security Administration being defunded could look for the firm.Buy Paid to Think: A Leader’s Toolkit for Redefining Your Future by David Goldsmith: https://www.amazon.com/Paid-Think-Leaders-Toolkit-Redefining/dp/1480527637 Listen to Paid to Think: A Leader’s Toolkit for Redefining Your Future by David Goldsmith: https://www.audible.com/pd/Paid-to-Think-Audiobook/B00AYJY1K2 Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In today’s episode of the Successful Barrister, Marc and Diana discuss the Stay Interview, a concept introduced by Richard P. Finnegan. The idea of a stay interview is simple – companies conduct exit interviews to understand why employees are leaving, but if they had that information before they left, they could have prevented that turnover. Marc and Diana explain the questions Finnegan coined, and how Marc Whitehead & Associates handles its version of stay interviews.For detailed show notes, navigate using the time stamps below:[1:07] Keeping your best people doesn’t have to be difficult, and Marc has a tool to keep them – stay interviews. This concept was popularized by Richard P. Finnegan, who has written multiple books on the subject. [4:03] Stay interviews are about proactively talking to your best people about their experiences to help them stay engaged and prevent them from being picked up by another firm. Replacing an employee costs roughly 6-9 months of that employee’s salary. [9:22] According to Finnegan, poor leadership causes 60% of all employee turnover. The best conversations have two engaged people, and it is not fair to ask your employees to be vulnerable without admitting any room for improvement yourself.[14:10] Finnegan suggests five interview questions. The first is “what do you look forward to each day when you commute to work?” The second is “what are you learning here, and what do you want to learn?”[17:22] The third question is very straightforward: “why do you stay here?” The fourth is very loaded, “what is the last time you thought about leaving us, and what prompted it?”[18:34] Finally, the fifth question is “what can I do to make your job better?”[20:49] Before adopting EOS, Marc Whitehead & Associates did not have a formalized system for stay interviews. He assumed that periodically taking staff to lunch and checking in on rumors he heard was enough to keep most employees. [25:11] People problems require different interventions than resource or circumstantial problems. You can’t process your way around people, and often you have to deal with them more directly. [30:21] The firm does the People Analyzer quarterly, which starts with an evaluation on six core values and three questions. The 5-5-5 tool discusses how staff feels about their role and their rocks, or long-term goals. [35:58] Ultimately, the stay interview is about being proactive, which is the best way to prevent burnout.Buy The Stay Interview: A Manager's Guide to Keeping the Best and Brightest by Richard P. Finnegan: https://www.amazon.com/Stay-Interview-Managers-Keeping-Brightest/dp/0814436498 Listen to The Stay Interview: A Manager's Guide to Keeping the Best and Brightest: https://www.audible.com/pd/The-Stay-Interview-Audiobook/B00U0NMYYM Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Productivity might be even more important than you realize. As Marc describes it, productivity is about buying back your time – it allows you to work faster, make more money, and spend more time living the life you want to live. In today’s episode, Marc and Diana discuss productivity through the book Smarter Faster Better: The Secrets of Being Productive in Life and Business by Charles Duhigg. They pick their favorite tips and explain how they apply to Marc Whitehead & Associates and firms more generally. Marc and Diana begin by discussing the importance of productivity. Then, they move into discussing how to set aside time to think, delegate tasks, and make changes in your firm. For detailed show notes, navigate using the time stamps below:[1:45] Today’s episode is about the lessons Marc and Diana learned from Smarter Faster Better: The Secrets of Being Productive in Life and Business by Charles Duhigg. You may know of Charles Duhigg from his bestselling book The Power of Habit. In Smarter Faster Better, he walks readers through eight points to help them become more efficient.[5:29] Marc defines productivity as profitability and the ability to live a stress-free life, particularly by buying back your time. The more productive you become, the less time you have to spend working, and the more time you can spend living the life you are working to live. [10:51] Thinking is a time to free yourself and your mind from your responsibilities and envision the big picture. Setting aside time to think is a great way to make sure you don’t get bogged down in the day-to-day functions of your firm.[14:41] Once you have that time set aside, you create your mental models. There are two components to a mental model: what is working, and what is not. When something is not working, there are multiple approaches you can take to address it. You may need to abandon that problem, or you may just need to innovate. [17:48] Often, incremental innovation can be more effective than trying to make changes in your practice all at once. It is important to be open to change, which can be difficult as a firm working in government regulations that rarely change.[20:53] After creating your mental model, you can move into “who not how.” This involves delegating decision making to a qualified person near you. If you only rely on yourself, you become a bottleneck and limit your firm. [25:31] Part of empowering your team to make decisions is allowing them to make mistakes. While you can and should set up guardrails, there is no way to prevent mistakes completely when delegating. [29:43] Businesses are complex organisms. When you make changes in one part of your firm, those changes will ripple through other parts of your firm, often with unintended consequences. Failure to anticipate these consequences accounts for many of the mistakes that firms make.[34:33] A major change Marc Whitehead & Associates is making that is starting to work is moving into elder law. Elder law allows Marc Whitehead & Associates to follow its clients into the next step of their journeys as they age.Buy Smarter Faster Better: The Secrets of Being Productive in Life and Business by Charles Duhigg: https://www.amazon.com/Smarter-Faster-Better-Productive-Business/dp/081299339X Listen to Smarter Faster Better by Charles Duhigg: https://www.audible.com/pd/Smarter-Faster-Better-Audiobook/B017WRZO9U?source_code=AUDORWS0718179KY7 Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Is your firm afraid of AI? Or are you one of the many of firms who have adopted it? While AI has a mixed reputation in the legal industry, it can be extremely useful when applied responsibly. In today’s episode, Marc and Diana discuss their firm’s adoption of AI and advise listeners on how they can adopt artificial intelligence responsibly. For detailed show notes, navigate using the time stamps below:[1:17] Today’s episode is about the latest CLIO trends report, which was published at the end of 2024. This year, the report is focused on law firms’ usage of artificial intelligence. AI has gotten a bad reputation in the legal world in the past, but there are many real uses for AI.[4:45] Atticus offered monthly AI training sessions through Steve Riley through 2024, and will continue to offer them quarterly through 2025. From those sessions, a key takeaway was that AI will not replace lawyers. Instead, AI can help firms shift their business strategies. [9:10] The CLIO report states that 79% of legal professionals surveyed are now using AI. Marc believes the real number is closer to half, which is still a large shift. [11:49] AI will affect different business models differently. For billable lawyers, the adoption of AI can be scare because adopting AI reduces your billable hours substantially. [13:30] For flat fee models, the goal is the opposite – you want to work as few hours as possible because you will make the same amount regardless of how long you work. Marc encourages listeners to shift to a flat-fee model to adjust to the technological shift. [17:33] Flat fee lawyers can leverage AI to complete routine tasks that do not require their specialized expertise. For example, ChatGPT can help write emails, summaries, and more. It is important to keep in mind that public chatbots do not protect the information entered into them, so avoid entering personal information.[23:53] Marc Whitehead & Associates recently signed a contract with Westlaw to use their AI CoCouncil. CoCouncil is a closed AI, so lawyers can safely enter client information when prompting it. Marc suggests asking for small, specific outputs.[29:38] Diana explains the factors that made the firm comfortable with working with CoCouncil. One of those factors was the longevity of the firm’s relationship with Westlaw, and how long Westlaw’s technology has existed. Another factor was their monthly plan.[33:04] One reason the firm adopted AI is to help with recorded calls. The AI listens to and summarizes the calls, looking for certain patterns for quality control.[36:20] Diana and Marc discuss an AI vendor that the firm temporarily worked with and why the contract did not last. They found that the AI component was oversold and that the team did not buy into the new technology. [38:40] You don’t have to adopt all AI technology right now. Your firm can start small and adopt new technology slowly overtime. Diana explains a promising vendor she is interested in working with that the firm has not adopted yet.[43:47] Another factor in AI adoption is your type of practice. If it is highly specialized to the needs of individual clients with a smaller caseload, you may not need AI services to the same extent as a larger and more routine-based practices.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode of the Successful Barrister, Diana and Marc give you the secrets to being brilliant. While that may sound a little far-fetched, they have the tools to do it; specifically, they are pulling from The Personal MBA: Master the Art of Business by Josh Kaufman. The book asks a series of 49 questions to help you become brilliant, guiding you through topics like your health, your focus, your fears, and your fulfillment. With the insights from these questions, you can learn new insights about yourself and bring brilliance into 2025. For detailed show notes, navigate using the time stamps below:[1:45] Today’s episode is all about how to be brilliant going into 2025. Specifically, Diana and Marc are discussing The Personal MBA: Master the Art of Business by Josh Kaufman. Often, lawyers are hesitant to look outside the legal profession for tips on running their firms – but they shouldn’t be![5:00] The Personal MBA provides 49 questions to ask yourself to be brilliant. The first set of questions is about how you use your body optimally – how you manage your diet, your sleep, your exercise, and more.[11:32] The next set of questions is related to knowing what you want. It’s important to check on your priorities, which naturally shift over time. This includes questions about which achievements would make you excited, where you focus your energy, and how you define your values and priorities. [16:55] Next, what are you afraid of? This set of questions asks you to determine what is holding you back, and importantly, why it is holding you back. You have to get to the “fifth why” of your fears to fully understand where they come from and how to conquer them. These questions also help you understand and mitigate risk.[22:10] Is your mind clear and focused? The next set of questions asks about how your organize your ideas, capture your thoughts, and guide your attention. [27:00] Next, are you confident, relaxed, and productive? This involves regularly reviewing your commitments, forming new positive habits, and learning to say no. Diana explains a four-quadrant technique that she used to set goals in the new year – “keep,” “improve,” “start,” and “stop.”[31:06] The next section, Marc’s favorite, asks how you perform best: how you learn, how you like to work, and what you’re good at. Diana points out that this also has to do with your health.[39:45] The final section asks what you need to be happy and fulfilled. It asks how you define success and how often you compare yourself with others. Marc defines success as helping as many families as possible through his work.Read the 49 Questions from The Personal MBA and buy or listen to the book: https://personalmba.com/ Visit to the Atticus website: https://atticusadvantage.com/ Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode of the Successful Barrister, Diana and Marc discuss one of Marc’s biggest pet peeve: new years resolutions. Most people do not stick to their new years resolutions – they tend to be lofty and ill-defined, and few people hold themselves accountable to them. Because of this, this episode focuses on setting realistic goals – helping you avoid “shiny object” thinking, create milestones to track your progress, and get your team on board. For detailed show notes, navigate using the time stamps below:[1:40] Happy new year! Today’s episode is about Marc’s pet peeve: new years resolutions. He believes that waiting for the start of a new year to improve yourself is pointless. What really matters is executing on your plan for the year.[2:36] Marc Whitehead & Associates looks at the results from the previous year to set new goals starting in November. Then, the firm goes through all aspects of its activities to set small goals to reach throughout the new year. [6:55] The firm started using EOS (Entrepreneurial Operating System) a little over a year ago. EOS has helped the team understand and take accountability for this year’s goals, and will help them continue to do so moving into 2025. [9:07] Diana and Marc share their best practices for goal setting. To begin, Marc explains his fear of coming up with the wrong “rocks,” or long-term goals. He has people come into goal-setting meetings with ideas to avoid getting attached to “shiny object” ideas.[15:19] Marc always looks about two components when setting goals: profitability and growth. As his goals filter into other departments, factors like complexity and capacity become more relevant. Diana is a key player in making sure the firm has the capability to accomplish Marc’s goals. [20:25] Another component of good goal setting is making sure everyone in your organization is on board. If your goals only matter to upper leadership, they will not be accomplished by your team. [26:36] Marc’s 2025 professional goal is to get back to being more of a one-on-one marketer. He used to go to more lunches and networking events, but he has not gotten back to it since the pandemic. His SMART version of this goal is to go to at least two lunches each month. [29:27] Diana’s professional goal is to attend the EOS Integrator Masterclass. She believes it will help her be the best integrator she can be for the firm. [31:15] Marc’s personal goal is to build his relationships. He wants to spend more time and have more conversations with his wife. He also wants to spend more time with his friends and building new friendships. [34:35] Diana wants to work on her flexibility by stretching five times a week. She learned recently that flexibility is important to your bone health and mobility as you age. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode of the Successful Barrister, Diana and Marc are reviewing their top takeaways and presentations from the Atticus Summit they recently attended. Focusing on mental and physical health, the summit included a variety of keynote speakers and experts with tips on how to build a better life outside of your practice. Marc also discusses his work with Atticus and offers a free call to discuss the benefits to listeners who are interested in becoming members.For detailed show notes, navigate using the time stamps below:[1:40] In today’s episode, Marc and Diana will discuss the Atticus Summit they recently attended. The summit involves presentations and speeches from keynote speakers, lawyers, and other experts. This year’s theme was “Great Practice, Great Life.”[4:47] According to Mark powers, you need to establish a “health reserve” for when you will need it. Everyone will start to experience health challenges in older age, but those who are healthier to begin with will be more likely to survive them. [7:52] Diana’s first highlight is Colleen Goldenfarb’s presentation, “Why Does Work Get the Best of You, and Your Loved Ones Get the Rest of You?” One aspect that resonated with Diana was the idea that time does not equal presence. [13:05] Marc’s first highlight is Glen Finch. Glen has been an Atticus advisor for over 20 years, but he is also a Colonel in the army. He spoke about the ability to manage your thoughts and feelings and how emotional intelligence can improve your work. [19:05] Victor Medina’s presentation, “The Perpetual Law Firm” also stood out to Diana. Only lawyers can own law firms, so selling your law firm can be difficult. He discussed how to maintain your law firm as an asset without having to work there. [22:34] Another highlight for Marc was Jennifer Felton’s presentation on building her practice and taking control of her health. She said that greatness lies at the intersection of passion, skill, and monetization. [27:14] Diana’s final highlight is Max Lugavere’s talk on unlocking your brain’s potential. He gave actionable tips about improving your brain function and preventing dementia.[31:09] Marc’s last highlight is Robert Rose’s presentation on harnessing the power of your brand’s voice – in other words, making money off of your brand. The process involves building your audience and then finding ways to monetize that audience. [39:44] Marc is a spokesperson for Atticus and credits them for the success of his practice. You can go to https://atticusonline.com to learn more about Atticus’s programs and offerings. There are lots of free opportunities to explore Atticus’s benefits, and you can also email Marc to set up a call with him on Atticus’s benefits. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Are you managing your time effectively? In this episode of the Successful Barrister Podcast, Marc and Diana give listeners their guide to managing your time (or focus) more effectively. Time management sets the best firms apart, and mastering it can help your firm run efficiently. Learn how to delegate your tasks, schedule time to think, and minimize your distractions.For detailed show notes, navigate using the time stamps below:[1:11] In this episode, Diana and Marc are discussing time management (or “focus management,” as Marc prefers to call it). Focus management is all about managing how you think. [4:26] The ability to focus on the right things sets the best apart. What are you supposed to think about as the leader of organization? Thinking correctly means thinking about strategy and the future of your firm.[8:22] The first tenet of time management in Time Management for Attorneys is prioritization. You have to prioritize the “highest and best use” of your time.[11:27] The next step is delegating tasks so that you can spend your time where it matters. Ask yourself what you are doing that you should not be doing.[12:41] One often overlooked piece is marketing – you have to spend time on marketing if you want to attract cases. You also have to spend time on management. In a well-run organization, these should be the key focuses of the head of the organization.[14:22] Think about your goals – from daily goals to five-year goals. Write down your plans to track and execute on them. [18:22] The next tenet is “blocking and tackling.” This is essentially thinking time. Blocking off time to think will allow you the space to think through your goals instead of getting stuck on the day-to-day minutia of your firm.[23:51] There are two parts to delegation: delegating the task itself and delegating the authority to execute and finalize the task. If you need to review all materials before they go out, you are creating more work for yourself.[28:03] The final tenet is managing your interruptions. Marc closes his door when he needs to focus, and tells people to meet him at other times when he is busy. [33:38] Email can be a big distraction because it can parachute into your day at any point. Marc manages his email through Outlook and organizes his emails into folders. He created a rule that court emails go into one folder, outside attorney emails go into a second folder, and staff emails go into another folder.[40:13] Marc also has a “for further study” where he puts emails that he wants to go back to – usually emails from vendors making offers. His system helps him prioritize emails and frees up his time. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Marc’s Marketing Plan, A Free Marketing Plan for 2025, Giving the Gift of MarketingHappy Holidays! In the spirit of the season, Marc has a gift for you in today’s mini-episode: a free copy of his marketing plan. He has presented his plan to lawyers across the country.For detailed show notes, navigate using the time stamps below:[2:12] Are lawyers too focused on being profitable? Marc believes this is the wrong framing. Lawyers have an ethical duty to be wildly profitable – to help the most people and give them the best service. [4:15] Marc gives an outline of the marketing strategies covered in his plan – from intakes to referrals. [5:25] To get a copy of the marketing plan, email Marc at [email protected] the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Marc has a second gift for you! As he has discussed on the podcast, Marc is a coach for Atticus and helps lawyers build successful practices (not prisons). Normally, these courses cost money, but Marc is giving you a freebie in the spirit of the season.For detailed show notes, navigate using the time stamps below:[0:50] This episode is about Marc’s coaching work. For well over a decade, Marc has coached lawyers through Atticus. [2:17] This week, Marc is offering a free one-on-one conversation about building a practice, not a prison. [3:21] If you’re interested in setting up a conversation, email [email protected] the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Want to double your revenue? In this episode, Diana and Marc give you the tools to get there. These tools, the eight levers of profitability from the Atticus Double Your Revenue Workshop, are the key ways that your firm can increase its profit and grow. The levers cover all aspects of your firm, from how your build your caseloads to marketing and implementation. For detailed show notes, navigate using the time stamps below[2:30] Today, Diana and Marc will be discussing the eight levers of profit. The concept comes from an Atticus workshop called “Double Your Revenue” that helps firms create plans to double their revenue in the next three years. [6:25] Diana’s biggest takeaway from “Double Your Revenue” was that being a great lawyer was not the goal. In fact, being a great lawyer can be a trap. If your identity is around being a great lawyer, you may feel like you have to do everything and become a bottleneck.[8:38] The first lever is increasing your case value, or the amount you make per case. Marc Whitehead & Associates has caps on the fees they can charge because of government regulations. Increasing case value at the firm is about only taking high-value cases. [12:05] Next, think about your pricing strategies. You can increase your hourly rate or consider bundle billing to promote efficiency.[14:33] People also tend to think they are stuck at a one-third contingency fee, but there is no rule saying you cannot take 35% or 40%. [16:15] The third lever is strategic delegation. Think about all of the things you do and determine whether or not you have to be doing them. You will find that many tasks can be delegated, freeing up time and increasing your efficiency. [19:46] Particularly with new firms, new tasks arise with growth that you may not realize are being completed by your top employees. Try to match the value of the tasks performed to the cost of your employee. The fourth lever is to develop an all-star team, and this is necessary to delegate effectively. [22:08] Two years ago, Marc began having monthly lunches with his middle managers. He works with them on strategies like the Eisenhower Matrix to help them lead more effectively. [26:20] The fifth lever is about technology. Technology can help you do more with less by creating scalable processes that make your firm more efficient. Marc Whitehead & Associates is a paperless firm.[29:53] Marc Whitehead & Associates uses Case Status as a client portal. It is an app that clients can use to track their cases. It allowed their case managers to take on larger case loads.[36:31] The next lever, Focus Management Efficiencies, is about focusing on the most important tasks and deferring the tasks that don’t move the needle. The best use of Marc’s time, for example, is working on marketing and mentorship. [39:02] Focus Management is all about scheduling time to think. Taking time to think strategically about where you want to go and how you can get there is extremely important.[41:32] Your firm won’t be able to generate any profit if you aren’t attracting good clients. The next lever, marketing, is crucial to this piece. Building a good referral network is crucial to this step.[45:29] The final lever is implementation. You can have a ton of great ideas, but those ideas aren’t worth anything if they are not properly executed. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected] Attend a Double Your Revenue Seminar: https://atticusadvantage.com/what-we-do/in-person-workshops/

In this episode, Marc Whitehead and Diana Berry discuss my many firms are afraid to hire all-star attorneys and how those firms can face their fears. Firms have three main concerns about all-star attorneys: they are costly, they might leave after resources are wasted on training them, and they may leave and take staff and clients with them. Marc and Diana provide potential solutions to all three of these concerns. You cannot be the only top lawyer at your firm; as Marc puts it, you can’t scale yourself. For detailed show notes, navigate using the time stamps below[1:23] Today’s episode is about the fear that many firms have of hiring all-star attorneys. Many firm owners are powerhouses in their own right, and sharing the spotlight can be scary.[2:59] You can’t scale yourself. If you are the only all-star attorney at your firm, the size of your firm will stagnate.[4:53] There are three legitimate reasons that firms may be hesitant to hire top attorneys. First, they are more expensive to hire. Second, firms are concerned that attorneys will take valuable resources to train and then leave the firm. Finally, firms worry that top attorneys will leave and take top clients with them.[7:25] An all star attorney is an attorney who you are confident can successfully work and generate revenue without you. [10:12] Business owners worry about the cost of all-star attorneys. Marc believes that all-star attorneys should be able to generate three times the amount that they cost. [14:26] You can address the concern about your top lawyers leaving by creating conditions where they want to stay. Treat your attorneys fairly and create a culture that they want to be a part of. [20:09] To address the fear that firms have of their best attorneys leaving and taking their clients, Marc Whitehead & Associates has employees sign a fee split for clients that originate from the firm.[26:59] Marc Whitehead & Associates has a non-equity partnership track for attorneys who have been a part of the team for seven years or more. This provides further motivation and incentive for top performers to stay with the firm. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode, Marc Whitehead and Diana Berry discuss the seven habits of highly effective lawyers. Based on the book by Stephen Covey, these habits are tailored to setting your firm up for success. Habits are important because they build on each other, so establishing a good habit early on can help you be successful over time. For detailed show notes, navigate using the time stamps below[2:30] Today’s episode is about choices and how they can lead to good habits. The idea of the episode comes from a Successful Barrister Newsletter article called The Seven Habits of Highly Effective Lawyers. [4:03] Why are habits so important? Habits are something that you can build on. Over the long run, habits lead to momentum and push you forward. [7:44] The seven habits are be proactive, begin with the end in mind, put first things first, think win-win, seek to understand then be understood, synergize, and sharpen the saw. [8:43] Initially Marc struggled to be proactive. Over time, Marc learned what to cut and what to focus on to maximize his time.[13:24] The second habit is to begin with the end in mind. For lawyers, this means beginning with your jury charge. Even better, envision the future of your firm and plan for it. [18:43] Putting first things first is all about focus and focus management. This involves allocating people to best use their abilities. It is about determining what you should and should not be doing.[25:17] Thinking win-win is all about recognizing mutual benefits and creating situations where both parties can win. Unnecessary win-lose situations may benefit you in the short term, but they can damage long term relationships. [29:39] The fifth habit is to seek to understand before seeking to be understood. For Marc, this is about meeting people where they are at. This means that sometimes Marc deals with different people differently.[35:12] Marc has reinterpreted synergy to refer to building an effective team. This could include people you have hired full-time, fractional hires, and outside vendors. [40:00] The final habit is sharpening the saw. This has to do with improving your teams through training and development. It can also have health implications because being at your best can help you perform at your best.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode, Marc Whitehead and Diana Berry discuss the book Necessary Endings: The Employees, Businesses, and Relationships That All of Us Have to Give Up in Order to Move Forward is a book by Dr. Henry Cloud. Necessary Endings, or “breakups” as Marc calls them, are extremely important to running a successful firm. They allow you to free up resources to spend on better opportunities. Necessary endings can encompass vendors, staff, clients, and services. Learn which necessary endings you may be missing on this episode of the Successful Barrister Podcast. [1:11] The topic of this episode is breakups, also known as necessary endings. Necessary Endings: The Employees, Businesses, and Relationships That All of Us Have to Give Up in Order to Move Forward is a book by Dr. Henry Cloud on things that you should stop doing. The book is ultimately about the allocation of resources – where to invest, and where not to.[4:09] It is difficult for people to say no. For example, denying cases from referral sources can be difficult, but learning how to do so is a necessary part of being successful.[6:25] Sunk-costs make these decisions particularly difficult, but they are ultimately irrelevant. If a project is failing, you need to learn how to let it go.[8:41] What are examples of necessary endings? In Diana’s first year, the firm “broke up” with their IT provider. The provider was a financial burden to the firm, and they were replaced with a much more effective provider.[11:17] Vendors often try to hook you with a low rate and price you up over time, which can be understandable to an extent but often gets out of hand. Other times, vendors start to prioritize a market that you are not a part of and they become a burden.[14:49] Necessary Endings are difficult. However, if you do not learn how to end things, you are missing better opportunities.[16:59] Sometimes, things work well initially but become irrelevant over time. Marc Whitehead & Associates had initial success from LSAs, but over time they became less effective and more expensive. [19:04] Another type of Necessary Ending is with practice areas. Some practice areas are interesting but do not pay well enough to justify working on them. Marc had to stop working in criminal law and personal injury law to grow his disability law firm. [23:20] Letting people go can be particularly difficult. Marc refers to this as “emotional cost” because the emotions around letting people go make removing people who are not pulling their weight painful.[27:52] Difficult relationships are like a hurricane. If a Necessary Ending between two people is being avoided, the “fan” can be more damaging to the people around them than to the people involved in the “eye.”[32:57] Marc Whitehead & Associates is normalizing necessary endings in its culture. Marc looks at the plan for each year and makes a list of aspects that are not working such as marketing channels, tools, and processes. These aspects then become necessary endings.Buy Necessary Endings: The Employees, Businesses, and Relationships That All of Us Have to Give Up in Order to Move Forward by Dr. Henry Cloud: https://www.amazon.com/Necessary-Endings-Henry-Cloud/dp/0061777129Listen to Necessary Endings: https://www.audible.com/pd/Necessary-Endings-Audiobook/B004J0YIQ4 Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode, cohosts Marc Whitehead and Diana Berry discuss strategy by discussing the book Entrepreneurship 2.0 by Jim Collins. Learn how to find your unique strengths and cater your firm to them, place your big bets, and learn why you should be firing “rifle shots” before you fire “cannonballs.” Marc and Diana get into the specifics of how Marc Whitehead & Associates came to dominate the disability denial law market in Houston using Collins’s advice – and how you can do the same. [0:53] Marc Whitehead introduces himself and chief operating officer Diana Berry. He also introduces the subject of today’s episode, which is one of Marc’s favorites - strategy. His favorite strategist is Jim Colins, who reissued his book Beyond Entrepreneurship with updates during the pandemic, calling it Entrepreneurship 2.0. [2:50] Strategy is all about making good choices in your business. Marc notes that Diana and himself often differ on the choices they should make. Having methodology to make strategic decisions will help you make consistent choices that propel your business forward. [4:53] Entrepreneurship 2.0 may be a better fit for law firms than Colins’s more famous books, which tend to focus on large corporations.[8:54] Marc made strategic decisions about where to focus his practice as the legal landscape around his work shifted over time, specifically around bankruptcy law and personal injury. He made the strategic decision to focus on disability law.[11:24] The first step in making good choices is to understand your strengths and weaknesses and make choices based on your unique strengths. Marc’s strengths are that he is a good organizer, a good mentor, and good at setting up systems that run efficiently. He found that disability cases suited his unique strengths. [17:45] Collins advises entrepreneurs to determine where to place their “big bets” by testing different paths, or “firing rifle shots, not cannonballs.” Moving into new legal territory on a small scale can help you find the best paths to success.[20:55] Another Collins principal is to protect your flanks. This refers to mitigating risk by protecting steady, sustainable sources of work.[25:10] Diana and Marc move on to scaling, or “extending your victories” as Collins calls it. This means taking what you do well and finding a way to do more of it. To scale up, you have to have effective marketing in place and have the infrastructure to support an influx of cases.[30:46] Marc is currently adding elder law cases to his practice. These cases have significant overlap with the Marc Whitehead & Associates client base.[35:13] It is okay to make mistakes and take risks – Beyond Entrepreneurship 2.0 is all about ensuring that your mistakes will not bankrupt you.Buy Beyond Entrepreneurship 2.0 by Jim Collins: https://www.amazon.com/BE-2-0-Beyond-Entrepreneurship-Business/dp/0399564233 Listen to Beyond Entrepreneurship 2.0: https://www.audible.com/pd/BE-20-Beyond-Entrepreneurship-20-Audiobook/0593398629 Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

In this episode, cohosts Marc Whitehead and Diana Berry discuss the ins and outs of creating a sustainable referral base. Identifying your target audience and curating campaigns that resonate will help other firms send you your perfect client. Learn tips and tricks for building your base, maintaining it, and segmenting it to determine who to prioritize. [0:53] Marc Whitehead introduces himself and chief operating officer Diana Berry, and he also introduces the topic of the episode, which is B2B marketing. For Marc Whitehead & Associates, this involves marketing to other firms – sometimes even direct competitors. Marketing to attorneys is crucial to the business model of Marc Whitehead & Associates.[3:36] Marc constantly has to develop new referral sources for many reasons. Referral sources retire and find other people to refer clients to, so refreshing your referral base continuously is crucial to sustainability.[6:37] These referral sources, when properly cultivated, can be more effective than marketing to the general public because of the legal expertise and connections of your referral sources.[9:06] First, recognize that you cannot market to a B2B referral network in the same way that you market to the general public. The development about the Successful Barrister newsletter was one of these B2B-specific marketing campaigns.[11:56] Next, think about the specific audience that you are targeting. Marc Whitehead & Associates attempted to market to doctors and therapists, but found that the return on investment for those campaigns was far less than the return on campaigns targeting attorneys. [14:27] The third step is determining what makes you stand out. What is your niche? Marc Whitehead & Associates works in disability law, but the firm also stands out because Marc has written multiple books on disability law. [18:12] How many people should you have on your list before you begin a B2B marketing campaign? Marc says that your starting list can be the people that you knew in law school. You can also get involved in local organizations and add other members to your list.[21:57] The Successful Barrister newsletter is printed and sent through the mail. Marc notes that while this costs more, it is going to have a higher open rate than an email. This is especially true as junk mail is becoming less common with the rise of email.[24:38] Your Level 1 referrals are the referral sources who frequently send you clients whose cases are relevant to you. Marc prioritizes these referral sources and sends them gifts three times a year.[28:18] Diana notes the importance of tracking your referral sources to determine who are your most reliable sources. Marc Whitehead & Associates uses a VIP referral link.[34:37] Marc is constantly adding new referral sources to his list. Constantly adding names is crucial to sustainability. [36:24] Next, you need to segment your list beyond your level ones. Your second level are occasional referral sources. The third tier are people who do not regularly refer clients to you, but you should mass market to them to keep them aware of your firm.[41:22] Last, never forget to say thank you. Find a systematic way to keep your referral sources updated. Saying thank you is a great way to follow up with your referral base. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Today on the Successful Barrister Podcast, cohosts Marc Whitehead and Diana Berry discuss the value of talking to yourself. They start off by discussing closed and growth mindsets as described in Carol Dweck’s book Mindset: The New Psychology of Success, and how you can develop a growth mindset. Next, Marc and Diana discuss affirmations (or “pep talks,” as Marc prefers to call them), explain why they work, and give examples of their own. Learn how to develop a growth mindset and discover how affirmations can help you succeed. For detailed show notes, navigate using the timestamps below:[0:48] Marc Whitehead introduces himself, cohost Diana Berry, and the topic of today’s episode. This episode is about your mindset and how affirmations can improve it.[2:42] The episode is influenced by the book Mindset: The New Psychology of Success by Carol Dweck. It proposes that there are two mindsets: a closed mindset and a growth mindset. A growth mindset is the belief that skills and abilities can be developed through effort, while a closed mindset is the belief that skills are innate.[5:13] To expand your vision and your talent, you have to expose yourself to new ideas. The growth mindset is something that you have to work toward.[8:30] The next section of the episode is a “therapy session.” In July, Diana went to the PILMMA Mastermind in Asheville, and Diana came back with ideas for the firm. Marc was feeling left out because he was not able to go, and Marc responded to almost every idea with “that won’t work because…”[11:07] When you’re under stress, you tend to revert back to a closed mindset. This is why Marc had such a negative reaction to Diana’s ideas.[13:39] A better response would have been the sandwich method, or responding with a positive insight, followed by something negative, followed by something positive. [17:30] Diana notes that if every idea your team brings to you is bad, the problem may actually be you. It is unlikely that every idea your team comes up with is terrible. This could be a sign that you are burnt out.[19:24] On the other hand, team members might be able to recognize when people are having a bad day and choose not to share their more radical ideas on those days.[21:07] Daily affirmations, or a “pep talk” as Marc likes to call it, can help change your mindset. [25:06] For Diana, affirmations aren’t all stereotypical like “I am kind” and “I am strong.” One of her favorite affirmations for tough situations is “just because you can doesn’t mean you should.”[26:40] Marc recently read The Miracle Morning: The Not-So-Obvious Secret Guaranteed to Transform Your Life (Before 8AM) by Hal Elrod. The book discusses what makes an effective affirmation and includes guidelines on how to craft one. His tips are using present tense, staying positive, keeping it simple, including action words, and use feeling words to connect emotionally to your goals.[28:29] One of Marc’s affirmations is “I consistently spot opportunities and utilize them, and new doors are always opening for me.” It reminds him of the saying Carpe Diem, which means seize the day.[31:26] He also likes “I learn from the past, live in the now, and plan for the future.” This allows him to be present, but also speaks to the value of planning. [32:43] Diana does a series of three affirmations that she started during a period where she had trouble sleeping. She also made a series of affirmations for her daughter. Her daughter has tried to make ones for Diana as well.[34:33] Another of Marc’s is “I am always prepared, so luck favors me.” Marc says that everyone occasionally gets lucky, but only people who are prepared can utilize their luck. To take advantage of your luck, you have to be in a growth mindset.Read Mindset: The New Psychology of Success by Carol Dweck: https://www.amazon.com/Mindset-Psychology-Carol-S-Dweck/dp/0345472322Listen to Mindset: The New Psychology of Success: https://www.audible.com/pd/Mindset-Audiobook/0593150422Read The Miracle Morning: The Not-So-Obvious Secret Guaranteed to Transform Your Life (Before 8AM) by Hal Elrod: https://www.audible.com/pd/The-Miracle-Morning-Updated-and-Expanded-Edition-Audiobook/B0CHZ5SG3QListen to The Miracle Morning: The Not-So-Obvious Secret Guaranteed to Transform Your Life (Before 8AM): https://www.amazon.com/Miracle-Morning-Not-So-Obvious-Guaranteed-Transform/dp/0979019710Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

There are many personality tests available, but how do you know which ones are legitimate? And how can you tell which test will be the best for your firm? How much weight should a personality test result be given in the hiring process. In this episode of the Successful Barrister podcast, Marc Whitehead and Diana Berry answer these questions and more, and explain why they use the DISC test and the Hiring MRI test at Marc Whitehead & Associates. For detailed show notes, navigate using the timestamps below:[1:00] Marc Whitehead introduces himself, cohost and COO Diana Berry, and the subject of the episode: personality testing. The firm uses personality testing to hire candidates and to create better teams.[3:02] Marc Whitehead & Associates uses the DISC profile and the Hiring MRI, also called the Jay Test at the firm because it is administered by Jay Henderson. The test asks unusual questions to find risks in candidates.[4:51] The DISC profile does not have “good” or “bad” results, instead it highlights different tendencies. The Hiring MRI is different because there are positive and negative results.[5:52] DISC stands for dominance, influence, steadiness, and compliance. Your DISC profile is about your tendencies, not your destiny, so it is possible to go beyond your DISC type.[7:35] High Ds make great attorneys because of their aggressiveness and assertiveness. High Is are good with people and tend to excel at customer service. People who score high in S are reliable and good mediators. High Cs are the best rule-followers. They are conscientious about getting things done and tend to finish work before deadlines.[10:27] Marc likes people who score high in S and C because they tend to be reliable and driven. [11:25] The Hiring MRI tests people on twelve domains. The best you can do on the text is nine-three, or nine positive and three areas for concern. Diana actually scored a seven-five on the test, meaning she had five areas for concern, but she was still hired.[13:39] Personality profiles are a tool in the hiring process, but they are not the end-all be-all. They should be used alongside a variety of tools.[21:33] When the Hiring MRI test brought up potential red flags for Diana, Marc focused on those categories when interviewing her and her references. He found that the answers he received ran contrary to the test results. [22:01] The firm is currently testing out the Meyers-Briggs personality test. Marc is an ESTP, which is an entrepreneur personality type. Diana is an ISFJ, or a defender. This means that she is dedicated and protective.[24:54] These personality types in leadership discussion can help Diana and Marc understand their team members and navigate conversations with them. [31:04] Personality tests aren’t free, so you need to evaluate what is right for your firm. Marc Whitehead & Associates only uses personality testing for the last two to three candidates. Hiring a bad candidate is very expensive, so tests to put the odds in your favor are worth the cost. [34:55] The sixteen personalities are free. There is also a test called the predictive index that many employers use, but it is more expensive. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Email Marc Whitehead: [email protected]

Health is Wealth: Delaying the Grim Reaper, Delaying the Grim Reaper, Lifestyle Changes for Longevity and SuccessIn this episode, Marc and Diana discuss the importance of prioritizing your health. In his 40s, Marc Whitehead began to experience chronic pain. After a series of crash diets, he began to make permanent changes through small, manageable steps. Learn how to take control of your health, why you should care, and how poor health affects your brain.[1:02] Marc introduces the subject of the episode, which is taking care of your health – or, delaying the Grim Reaper. Today’s episode is about how being healthy can make you more money. [3:25] Marc was very active growing up. He played football, track, and baseball. Then, life happened, and Marc’s health took a backseat to his career.[6:16] In the process of trying to lose weight, Marc tried lots of different diets that he describes as “crash dieting.” [7:50] Marc started to experience chronic pain and knew he had to make a more permanent change. He was able to shift his mindset and take the first step toward lasting progress.[9:11] 800,000 people die every year from cardiovascular disease. These deaths are almost 100% preventable. [10:42] In your 40s and 50s, how you take care of yourself will dictate how your life goes in your 70s and 80s. Many of us develop plaque during this time, which eventually turns into blood clots.[12:00] Blood clots can also build up in your body and lead to vascular dementia. This hit close to home for Marc because his grandfather died of vascular dementia. Most people can prevent blood clots through making better life choices.[15:05] Health is a lifelong journey, not a quick fix. The changes you make have to be reasonable, because you will be making them every day for the rest of your life.[19:29] At 55, it struck Marc at an Atticus session that he wants to live healthily to an old age. The session was based around the theory that a combination of AI and scientific advancements will lead to human lifespans increasing. Marc realized that he may be only halfway through his life. [24:39] Marc also began speaking to his friends and family about their health, because if he was going to live another 50 years, he wanted to take the people he cares about with him. [30:07] The standard of care is meant for everyone, and it is set by insurance companies, not doctors. Marc seeks out a higher standard of care for himself and works with a specialist to increase his longevity. [33:44] Marc had high blood pressure. Even a moderate amount of high blood pressure can be deadly overtime, so Marc began to work on it. [35:35] Most people don’t get enough protein and eat too many carbs. Marc uses pre-packages protein shakes to meet his daily protein needs. [38:39] Marc does not like cardio very much, but he likes listening to good music. He tricks himself by making Spotify playlists, so when he works out he gets to listen to his favorite music.[40:57] Healthy Heart, Healthy Brain by Bradley Bale and Amy Doneen and Outlive: The Science and Art of Longevity by Bill Gifford and Peter Attia are two resources on longevity that Marc recommends.Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Read Healthy Heart, Healthy Brain by Bradley Bale and Amy Doneen: https://www.amazon.com/Healthy-Heart-Brain-Personalized-Protect-ebook/dp/B093ZQ5BPV Listen to Healthy Heart, Healthy Brain by Bradley Bale and Amy Doneen: https://www.audible.com/pd/Healthy-Heart-Healthy-Brain-Audiobook/B09QDTHB9R Read Outlive: The Science and Art of Longevity by Bill Gifford and Peter Attia: https://www.amazon.com/Outlive-Longevity-Peter-Attia-MD/dp/0593236599 Listen to Outlive: The Science and Art of Longevity by Bill Gifford and Peter Attia: https://www.audible.com/pd/Outlive-Audiobook/B0B6444XS3

In this episode, Marc and Diana discuss Crucial Conversations: Tools for Talking When Stakes are High by Kerry Paterson, Joseph Grenny, Ron McMillan, and Al Switzler. The book covers how to have difficult conversations and explains why these conversations are important. Learning how to have successful crucial conversations can help your firm address problems before they affect your growth. Learn the STATE Your Path method, and explore why the most difficult conversations we have are often with our highest performers. [1:27] Marc introduces the subject of today’s episode – how to have difficult conversations. The episode will pull from the book discuss Crucial Conversations: Tools for Talking When Stakes are High by Kerry Paterson et al. Marc believes this is one of his weaknesses; he struggles to hold people accountable.[3:06] Crucial Conversations is a tool for planning difficult conversations. The book gives tools for preparing for these conversations and following through. Diana points out that no one likes difficult conversations because nobody likes being uncomfortable.[5:10] A crucial conversation occurs when stakes are high, opinions vary, and emotions are strong. These conversations are difficult by nature – so why should we have them? Dealing with problems while things are going well for your firm overall will promote progress in the future. [9:12] Crucial conversations are about holding people accountable. Your best performers want to be held accountable so they will improve while your poor performers will hide from difficult conversations. However, we tend to shy away from these conversations with our high performers.[12:17] Crucial Conversations contains a helpful handout to plan your conversations. The handout starts by looking inward to recognize and address your own contributions to the problem. It also helps you focus in on the real problem. [16:23] The second part of the plan is to STATE your path. STATE is an acronym that stands for share your facts, tell your story, ask for others’ paths, talk tentatively, and encourage testing. Sharing your facts means starting the conversation in an objective place. This could refer to concrete, well-documented things you are noticing.[19:10] From there, you can tell your story. This might mean stating your conclusions from somebody’s actions, or referring to the team’s core values. [19:49] The next step is to ask for others’ paths, or give people a chance to explain themselves. Ideally, the person you are speaking to will admit to the objective facts and commit to doing better. Other times, you might see excuses and denials. [22:39] Next, talk tentatively. This refers to approaching the conversation as a story to recognize a pattern of behavior and how it is impacting your work. [24:32] The final step is to encourage testing. This makes it safe for others to share their own opinions. [26:41] Another important aspect is to recognize your emotional triggers, or things that people say that tend to bring out an emotional reaction from you. Marc tends to react poorly to people saying something is not their job and not accepting responsibility, while Diana has difficulty with defensiveness and excuses. [28:57] The third element of the outline is the follow-up. Marc tends to shut down at this step. He sometimes believes that he does not need to plan the conversation or does not identify it as a crucial conversation. Recognizing that a meeting will be a crucial conversation is the first step to preparing for success. [32:47] The follow-up meeting is the most important step because it is where accountability takes place. The crucial conversation is about identifying and solving a problem, while the follow-up is about ensuring the solution worked. Marc says not to leave the first conversation without planning for the second.[35:50] Diana notes that the PIP is a better option than a crucial conversation for terminating an employee. Marc says that crucial conversations are the most beneficial for your high-performers. Visit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Read discuss Crucial Conversations: Tools for Talking When Stakes are High by Kerry Paterson et al.: https://www.amazon.com/Crucial-Conversations-Talking-Stakes-Second/dp/0071771328 Listen to discuss Crucial Conversations: Tools for Talking When Stakes are High by Kerry Paterson et al.: https://www.audible.com/pd/Crucial-Conversations-Audiobook/1639291172

Being naturally introverted doesn’t mean you can’t be a great rainmaker – it just means you have to be intentional. In this episode of the Successful Barrister Podcast, cohosts Marc Whitehead and Diana Berry explain how introverted people can make the most of networking events. Build out your referral sources by learning how to effectively present yourself, how to prepare, and who to talk to. [0:50] Marc introduces the podcast and its subject matter: rainmaking for introverts. The subject comes from a Successful Barrister article Marc wrote years ago. [3:15] Marc considers himself to be an introvert, though Diana feels otherwise. Marc says that he does not tend to carry conversations in group settings and has to make conscious decisions to take himself out of his comfort zone. [4:49] What does it mean to be a rainmaker? Marc defines this in part as being relevant and memorable to the people who you are in front of. These traits make you referrable. [6:35] Introverts can be successful rainmakers, but they have to be more intentional to put themselves in a position to engage purposefully. One way to do this is by being prepared with questions. [9:11] One way to prepare yourself to be a good rainmaker is by knowing who you are. Marc recommends the DISC test, which stands for dominance, influence, steadiness, and compliance. Marc scores high on steadiness.[11:41] Another part of being a successful rainmaker is picking your battles. If you are in a room of people, be intentional about who you spend your time talking to. You can talk to your friends later – use your time at events purposefully.[14:27] If you find yourself uncomfortable at a large networking event, Marc recommends having many short conversations and following up with people one-on-one later. Marc also tries to be a resource for people. For example, Marc helps personal injury lawyers navigate situations involving social security and Medicare and even compiled a handbook.[18:04] You also need a good elevator pitch. Marc starts his pitch with a hook – “I’m the luckiest lawyer in the world.” [20:20] Is being unique useful? Having a unique pitch for yourself can help you be memorable. The book Traction by Gino Wickman argues that every person should develop their “three uniques.”[23:15] Finding a way you can stand out as an introvert can help you become a successful rainmaker. Marc presents himself as an expert – this does not require him to be extremely outgoing, but it frames the way he presents himself. [24:41] Persistence is key, but back up that persistence with action. Marc keeps a gift list for his referrals and runs the Successful Barrister newsletter. Diana brings up business development lunches, and how they allow for consistent contact.[29:44] Marc gives a bonus tip – speak to vendors at conferences! They are paid to be there and are often well-connected.

In today’s episode, Diana and Marc focus on Kaizen, the simple but powerful concept that can empower your firm to grow continuously without committing to large changes. The concept is detailed in The Spirit of Kaizen by Rober Maurer. Kaizen is a favorite concept of Marc Whitehead, and he employs it regularly in the firm. Learn how Kaizen can be a small but game-changing addition to your firm’s strategy. For detailed show notes, navigate using the time stamps below: [1:20] Today’s podcast is about the concept of Kaizen. Kaizen is the idea of continual improvement through small and persistent step. It came from an American consultant in the Japanese auto industry who introduced the idea of continual improvement that eventually leads to big change.[3:24] Marc’s favorite saying in the office is “we’re going to Kaizen the shit out of this.” One of the firm’s core values is excellence, and excellence to Marc means pursuing continual improvement.[5:09] People are naturally opposed to change, so small changes over time are easier for people to deal with than larger changes. This makes them more effective over time.[9:44] There are five perspectives to Kaizen. The first is the psychological perspective, which involves overcoming the fear of change using small actions. Taking small steps helps bypass the brain’s fear response.[12:11] Marc Whitehead and Associates is currently testing different mediums during the onboarding process, including visual media for easy access to information. This is a minor change that is contributing to a big difference. [13:55] Small changes are also a good safeguard against unintended consequences of bad decisions. They also safeguard against people becoming attached to their decisions – people are less committed and thus less invested.[14:49] The second perspective of Kaizen is the business management perspective. Continuous improvement promotes a culture of ongoing growth. Rather than relying on organizational restructuring, incremental changes allow businesses to make small changes, assess, and act based on the results.[17:34] The third perspective is the personal development perspective. Kaizen provides a framework for self-improvement that can apply to your health, work, and relationships.[21:43] The fourth perspective is the perspective of innovation and creativity. Small manageable questions involved in Kaizen stimulate the brain without overwhelming it. This allows you to bring out the best ideas from your staff instead of stifling them. [24:12] The final perspective the book offers is the cultural perspective. Marc finds this concept to be a bit “squishy,” but it refers to Kaizen’s benefits as a mindset. Kaizen encourages mindfulness and focus, which can be beneficial to your productivity. Kaizen allows you to step out of the whirlwind and see the big picture.[28:30] Consistency is key to success, and consistency is built into the concept of Kaizen. As Miley Cyrus says, “it’s the climb.” Changing your mindset to focus on daily attainable tasks can allow you to overcome big challenges.[33:55] The Spirit of Kaizen by Rober Maurer looks at success as a sequence that is built up over time. It also encourages readers to build in small rewards to grow momentum.[37:09] Marc and Diana recommend listeners read The Spirit of Kaizen as well as The Compound Effect and The Slight Edge – all of these books are short reads that cover similar ground. If you want to discuss the books or the podcast, reach out at [email protected] ReadVisit the Successful Barrister website: https://www.successfulbarrister.com/ Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ Buy The Spirit of Kaizen by Rober Maurer: https://www.amazon.com/Spirit-Kaizen-Creating-Lasting-Excellence-ebook/dp/B009Q0CQMA Listen to The Spirit of Kaizen by Rober Maurer: https://www.audible.com/pd/The-Spirit-of-Kaizen-Audiobook/B009R8XQ7KBuy The Compound Effect by Darren Hardy: https://www.amazon.com/s?k=the+compound+effect&hvadid=409929688930&hvdev=c&hvlocphy=9008455&hvnetw=g&hvqmt=e&hvrand=12077442470786840554&hvtargid=kwd-20018472067&hydadcr=22538_11318432&tag=googhydr-20&ref=pd_sl_5a8ygfnne1_e Listen to The Compound Effect by Darren Hardy: https://www.audible.com/pd/The-Compound-Effect-Audiobook/1982648066?source_code=GO1PP30DTRIAL54704252491HA&ds_rl=1261256&gclid=CjwKCAjw_4S3BhAAEiwA_64YhgKbk9Ba0T2dnjyl_GzihOcXXLJavesFNpn59Aw4i0HuDXloHdTjkBoCZPcQAvD_BwE&gclsrc=aw.ds Buy The Slight Edge by Jeff Olson and David Mann: https://www.amazon.com/Slight-Edge-Turning-Disciplines-Happiness/dp/1626340463 Listen to The Slight Edge by Jeff Olson and David Mann: https://www.audible.com/pd/The-Slight-Edge-Audiobook/B0C1CV7B7M

On this episode of The Successful Barrister, Marc and Diana discuss how to create a marketing plan – and why being wildly profitable is good for your client. Learn Marc’s six strategies for marketing success and adopt them for your firm. Discover the best practices for paid marketing, how to measure your ROI, and why most firms have more problems converting leads than they do generating them. Generate public interest in your firm and get your intake department ready to respond to that interest. For detailed show notes, use the timestamps below to navigate the episode:[1:20] This episode focuses on how your law firm can create a marketing plan. This subject is a passion for Marc, who developed the marketing plan for his firm. [2:18] Why is marketing so important? According to Marc, it is a law firm’s duty to be wildly profitable. From the perspective of a firm, your revenue is based on the success you generate for your clients. This means that your interests and your client’s interests are aligned. When a firm is wildly profitable, that benefits the clients – you can implement better technology and hire better experts, allowing you to produce better outcomes for your clients. [4:25] Lawyers who get disbarred do not go into law hoping to act unethically. Instead, they tend to face financial obstacles that lead them to take shortcuts. Being profitable limits this pressure. [5:30] You must maximize your revenue and cut expenses to become profitable. How do you improve your firm revenue? You can either bring in more cases or bring in better cases – both require you to improve your marketing. [7:13] Lawyers always need more cases. But when a lead walks into your firm, do you have a reliable way to convert that lead into a case? Marc’s strategy is to focus on your intake department before spending a cent on marketing because there is no point in generating leads if you cannot convert them. [11:58] Marc implemented six strategies to improve his marketing, the first being creating an effective intake team. [14:52] You always have to match your marketing budget with the strength of your intake team and the friction in your firm. Spending money on marketing when you cannot convert clients into cases is a waste of money.[16:22] Marc’s second strategy involves generating interest. His main method is utilizing search engine optimization (SEO) to generate interest through Google searches. He also reaches people through paid search ads and social media.[19:23] Marc’s third strategy can be inexpensive or even free, but it may take time. Marc recommends marketing to other experts in similar fields. For Marc, PI lawyers are a great referral source because they are not direct competitors, but they work with similar clients. [21:44] The referral strategy requires follow-ups. Lawyers often forget names and refer people to the last relevant firm they spoke to. Marc Whitehead & Associates does this through its newsletter, The Successful Barrister. [24:28] Marc’s fourth tip is to market to your client base. Marc Whitehead & Associates also follows up with its clients through newsletters, social media, and other check-ins. These follow-ups are different than those targeted at lawyers. Marc suggests providing a mix of personality and useful information.[28:27] The fifth tip is to maintain community relations. This can be a bit difficult. In the case of Marc Whitehead & Associates, connecting with disease advocacy groups is important because clients are frequently disabled by diseases. The firm also offers scholarships, which can bring in positive community attention and awareness. [30:42] Lastly, Marc presents his specialty niche strategy. This came from an audit where the firm determined that disabled doctors and dentists tend to be the most lucrative clients. Because of this, March Whitehead & Associates develops materials that appeal specifically to this client group. [34:42] How do you measure the results of your marketing? Usually, you look at ROI, or return on investment. In Marc’s opinion, an ideal return on investment is between five and seven to one. Marc Whitehead & Associates uses call trackers, specialty URLs, and other tracking methods to accurately check where conversions came from. [39:50] The highest return on investment for Marc Whitehead & Associates is SEO. However, SEO is not scalable. The second best ROI has been the firm’s attorney marketing campaign, which has a return of about 10:1. The firm’s client marketing campaign falls just below that. These top three tend to be consistent across firms. [41:33] How long should you allow experiments to run? It depends on the progress you see. If a strategy is staying at a consistently low return, you might eliminate it after four months. However, some strategies take longer to build up over time. [45:11] Marc created a marketing template that is over 50 pages long. He offers it to people in Word format so that they can take the pieces that apply to