Recent Articles tagged professional services from LexMonitor

Tracking (and Billing) Time

fire.ice@earthlink.net (Meredith) — Thu, 14 May 2009 19:45:37 GMT

I've been reading numerous articles and posts lately about how much billable time is not billed. Expert consultants that bill by the hour (which should be most, since billing based on outcome is unethical!) are definitely at risk. In our fast-paced world of constant email, phone calls and other interruptions, it is easy to neglect writing down that fifteen minutes working on X before the next interruption. Later, you may not be sure or may think "it wasn't enough to worry about" and so on. But that time adds up and let's face it, your time is money.

I know there are many time-tracking tools, both online and in billing software. Are you using any? What would you recommend to other experts?

Domain Name Day at the Spa

editor@domainnameshame.com (Tucker Carlson) — Tue, 28 Apr 2009 15:23:34 GMT

The Complainant operates a business based in Los Angeles, California, supplying nail and body care products under the mark SPARITUAL. Complainant has registered the mark in various countries, including the USA and Mexico, and has pending applications to register the...

Respondent is a consultant to a business operating under the name "The Spa Ritual" in Calgary, Canada. The disputed domain name, "sparitual.com", was registered by Complainant on the business' behalf on October 19, 2006 and points to a website promoting the spa and its facilities, including a boutique selling body care products and noting "Check back soon for online shopping of our exclusive Spa Ritual products".

The Panel denied the Complaint on the evidence that Respondent made demonstrable preparations to use the domain name and the corresponding name "The Spa Ritual" in connection with a bona fide offering of services before any notice to her of a dispute. This evidence included Respondent's retention since 2005 as a consultant to establish, develop, own and operate a full-service day spa in Calgary, Canada and, in connection with that retention, Respondent's preparation of a site assessment report, a strategic business plan, the retention of a design firm which made a proposal regarding branding and a logo, and Respondent's preparation of a concept document which included a proposed layout and design for the spa prior to its opening. Although Complainant asserted that it had made sales in Canada since at least February 2005, there was no evidence of the extent of those sales and no basis to infer that Respondent must have been aware of them at any particular point in time.

Significantly, the Panel opined that an application to register a trademark in the United States or other countries does not of itself constitute notice of a dispute to a party in Canada for purposes of paragraph 4(c)(i) of the Policy and that the doctrine of constructive notice under US trademark law does not assist in cases under the UDRP where the respondent is outside the USA. SpaRitual, LLC v. Vivienne O'Keeffe, WIPO Case No. D2009-0066

Marketing Resolutions

fire.ice@earthlink.net (Meredith) — Tue, 06 Jan 2009 13:50:05 GMT

Have you made any marketing resolutions for the New Year? This post from Lyne Noella might spark some ideas for your own practice. She listed her Top 5 New Year's Resolutions, all applicable to expert witness/professional services marketing.

(Hat tip to Michelle Golden for the heads ups on this post)

Expert Witness Resource Round-Up

fire.ice@earthlink.net (Meredith) — Thu, 18 Dec 2008 18:13:51 GMT

A few resources to investigate and read while waiting in the airport or escaping from the in-laws over the holidays:

One of our newsletter readers alerted me to a document from the Federal Judicial Center, "Manual for Complex Litigation." Written by and for judges, it contains good information about what is expected at each stage of litigation, who is supposed to attend various conferences, rules of discovery, etc.

Roger Matus of the Death by E-Mail blog, produced a list of 10 Things to Never Put in Email - especially relevant for expert witnesses. Remember, everything you say or write can come back to haunt you or even ruin a case.

Over on the Juris Pro blog, Karen Olson has posted a short list of "Practice Tips on Expert Witness Fees."

IMS ExpertServices identifies the "Top 10 Expert Witness Cases of 2008" in their December newsletter.

The 2009 Annual Conference of the Forensic Expert Witness Association will be held February 26-28 in La Jolla, California. As the online brochure explains, this conference is designed to help experts of all disciplines stay on "the cutting edge as it relates to courtroom presentation and written work product." Presenters include well-known attorneys and experts.

Here's an older article you would have to hunt down (see if you could borrow an issue from an attorney), but in the October issue of TRIAL magazine, hotel expert Peter Tomaras along with attorney Alison Werner Smith published the article, "Closing the Attorney-Expert Gap." The format makes it quite compelling, providing both the expert's perspective and that of the attorney.

Happy Holidays!

Marketing Professional Services Can Be Risky

fire.ice@earthlink.net (Meredith) — Fri, 23 May 2008 21:54:53 GMT

Marketing an expert witness practice carries its own unique risks, but marketing any professional service takes some courage. How do you know it will work? What if it not only fails, but alienates potential clients? Not to mention that you've probably put a hefty chunk of change into the effort.

Bruce W. Marcus, international pioneer in professional services marketing, has written a great essay "Is Marketing Worth the Risk?" in which he addresses those risks and ways to mitigate them. A good read and worth your time.

Domain Name Clean-up

editor@domainnameshame.com (Tucker Carlson) — Tue, 13 May 2008 00:25:18 GMT

Since 1980, Complainant has owned and used the service mark "Merry Maids" for use in connection with commercial and residential cleaning services. It registered the domain name "merrymaids.com" in 1994 to direct Internet users to a commercial website promoting its...

Complainant found it dirty pool when Respondent, Mary's Maid to Order, registered the domain name "marysmaids.com" for usage with a web portal homepage providing a search function and listing a variety of cleaning related services, including "Maid Service", "Merry Maid Cleaning" and others.

Arguing that the disputed domain name is confusingly similar to its service mark, Complainant alleged that Respondent was using a "homonym to capitalize on Complainants' marks".

Denying the Complaint, the Panel made its determination based upon factors typically assessed in a trademark infringement proceeding, taking into account unique features of the Internet. In so doing, the Panel noted that Complainant's "Merry Maids" service mark is synonymous with a "happy cleaning service provider", formed by common, highly descriptive terms and constituting a "weak" service mark. Since "maids" is a generic term for cleaning service providers, the Panel held that Complainant's mark must be compared for confusing similarity on the basis of the adjectival term "merry" and the possessive term used in the disputed domain name, "marys". Holding that the terms were not confusingly similar, the Panel observed in detail the different visual impression and sound between the terms (including one "r" versus two; and the difference in vowels), as well as the difference in meaning between "merry" (synonymous with happy) and "Mary" (a given name).

Of particular note in the Panel's denial of the Complaint, the Panel rejected Complainant's argument that a common typographical error may result in Internet users being taken to Respondent's, not Complainant's, website. While keyboard users can mis-type almost anything, the Panel was doubtful that "marysmaids.com" could be inadvertently typed for "merrymaids" and that the mere possibility of such mis-typing was not enough to give Complainant' more extensive rights in its mark. In the Panel's opinion, to give Complainant rights in "marysmaids.com" would be substantially expanding Complainant's dominion over the universe of "-maids" combination terms, which the Panel was disinclined to do.

Merry Maids, Inc., ServiceMaster Brands, L.L.C. v. Mary's Maid to Order, WIPO Case No. D2007-1283

It's Tax Time...Rapid Refund for Domain Name

editor@domainnameshame.com (Tucker Carlson) — Mon, 14 Apr 2008 14:44:02 GMT

The Complainant is HRB Royalty, Inc., a wholly owned indirect subsidiary of H&R Block, Inc. and part of a family company (collectively, H&R Block) making up the largest provider of individual income tax preparation services in the United States. H&R Block has used and owns the trademark "RAPIDREFUND" and related marks since at least 1986 in connection with its tax services business.

Complainant was not pleased to learn through a reverse Whois search that the Respondent owned and operated a website using the domain name "ezrapidrefund.com" to market indirectly a competing service. The site appeared to promote rapid (tax) refund specialists and obtaining maximum refunds for its clients, stating that it will get "the best refund no matter how simple or complicated the return may be".

Respondent failed to respond to 2 separate cease and desist letters sent by Complainant, prompting the Complainant's commencement of its WIPO proceeding. Respondent failed to submit a response to that as well.

Ordering transfer of the disputed domain name, the Panel noted that the addition of the prefix "ez" to Complainaint's trademark was immaterial and accepted the Complainant's submission that the registration of the domain was intentionally used as an attempt to attract for commercial gain internet users to the Respondent's website by creating a likelihood of confusion with the Complainant's mark. The Panel further took into account the Respondent's failure on not one, but on 3 separate occasions to counter the Complainant's assertions against, warranting an "ez" decision to transfer the domain. HRB Royalty, Inc. v. Charlenia Owens, WIPO Case No. D2007-16

Charging for Your Time

fire.ice@earthlink.net (Meredith) — Sat, 22 Mar 2008 19:35:08 GMT

Do you charge for every minute you spend working on a particular project or case? What about when a past client calls and asks you to look up a detail in an old file? It may take you fifteen or twenty minutes to find that file and then another ten to email or call the client back. Do you charge for it or chalk it up to part of doing business?

What about those five minute phone calls for updates or "I need this document" or "the deadline for this is..."?

These "little" interruptions can quickly add up to billable hours you are missing out on. How do you handle it?

Expert Practice Management

fire.ice@earthlink.net (Meredith) — Wed, 02 Jan 2008 01:03:52 GMT

One reader of our newsletter for experts recently shared with me these business model suggestions he uses in managing his own expert witness and consulting practice:

"These are basic operating rules that, in my opinion, if broken will cause problems:

1. Keep a low overhead. I work from my home, have resisted the temptation to pay anyone else rent. If the money is not coming in I don't have someone else looking for a check every month.

2. Stay out of debt. This sinks most businesses. I have a new car but it's not a Mercedes, BMW, etc. and I keep them 6 or 7 years. If you need a new car for a site visit or to impress a client, rent one for the day.

3. Keep a cash reserve. I always have at least a year of operating revenue in a CD. I do this not only for bad times but in place of buying disability insurance which has at least a 90 day deductible and is very pricey."

Do you agree with these suggestions? What are your "hard and fast" rules for maintaining a healthy practice? Share your policies and procedures in the Comments.

Website Question Made Our Day

Wed, 19 Dec 2007 17:00:00 GMT

In a recent email to our newsletter subscribers, Rosalie gave her views about the current economy and the subsequent need for professional service providers to spark up their businesses. The very first email received in response was from a long-term client asking whether his website that we had created several years ago needed to be updated. The kicker that we found so inspiring - this expert, still fully practicing both in his profession and in legal work, is 75 years young! May we all stay so ignited and inspired for years to come.

Marketing Your Professional Services Is Not Optional

Sun, 18 Nov 2007 21:27:37 GMT

Happy Thanksgiving! In appreciation of all our experts I would like to share one of Rosalie's best essays about expert witness marketing. If you are one of the many who, like my mother Rosalie, will be traveling this week (she's headed to her hometown, Wichita Falls, TX), print this out and you'll have something to read while waiting at the airport!

Marketing Your Professional Services Is Not Optional --

by Rosalie Hamilton

Sometimes professionals say, “I don’t market my services; I rely on word-of-mouth to get business.” They don’t seem to realize these two statements are contradictory -— if they are getting plenty of referral business, they have marketed their services quite well! The issue is not a decision of whether or not to market your services, but is instead a decision of whether to assume responsibility for it and become more effective at it.

Actions you might not realize are marketing decisions:

What you name your business

What information you print on your business card

How you let people know you are available

How your resume or company brochure looks

Who answers the telephone and how

How you dress for encounters with prospective clients

How you respond when someone asks what you do

How you treat not only clients and prospects but also employees, associates and even competitors

All of these factors contribute to the image people form of you and are far more critical to the success of your business than you might realize.

For instance, does your business name indicate what services your business performs? If it doesn’t, is your business name accompanied by a tagline that states your field of work?

Does your business card provide all necessary data such as the type of work performed and your complete contact information? As a marketing consultant reviewing and analyzing professionals’ marketing materials, I see cards with important information omitted, such as the email address and even telephone area codes. I’ve seen two cards with no zip code after the address. What do these cards say about the professionals, i.e., what impression does their marketing create?

Particularly if you have chosen not to advertise your services, how did you announce that you had opened a business or practice? However you did it, and whether you did it effectively or not, it was a marketing action.

You're Not Alone

Fortunately, you’re not expected to already be knowledgeable about marketing, any more than you would expect people in other professions to be proficient in your discipline. Marketing help is available from books, magazines, the Internet, knowledgeable friends and marketing professionals. The key point is to realize that the decisions and actions that create others’ perception of you should be planned and well thought-out, as they constitute your marketing.

Prospective clients have no way of knowing what quality of service you will provide, so they must take clues from the appearance of your business card, stationery, resume or brochure and other materials, and website; your physical appearance and grooming; your manners and communication on the telephone; and even your promptness in returning phone calls.

The quality of your materials influences the perceived value of your services. Printed materials, whether produced professionally or on your personal computer, don’t have to be costly, but they should be error-free. Typographical, spelling, punctuation and grammatical errors in printed materials are inexcusable. We all make mistakes as we create and craft, but editing, correcting and proofreading comprise the second half of the job.

It is critical to have someone else proofread your writing and composition, because we all have difficulty finding our own mistakes. I frequently notice errors in professional brochures, even some that are quite expensively prepared. I have to conclude that not enough people proofread them.

Your Office Speaks

Often the initial impression you make on a prospective client results from the phone response in your office. If the phone rings several times before being answered by a person or a recording, the caller feels that his time has been disrespected. If the person answering is flippant, cold or, worse, rude, your image has been tarnished, perhaps permanently.

The time it takes you to return calls answered by someone else on your voice mail or through an answering service is also a factor in the prospect’s view of your services. An inquirer can’t help but associate your promptness or tardiness with your perceived work ethic and respect for deadlines.

In addition, if you determine that you can’t or won’t accept the proposal, are you as polite and as helpful as possible under the circumstances? You may not want this engagement, but you do want this person to be a referral source—the most effective kind of marketing.

Appearances Do Matter

“Dressing for success” doesn’t necessarily mean wearing a suit for a man, or stockings and low heels for a woman if she wears a dress or a suit with a skirt. What it does mean is deliberately deciding what to wear for encounters with prospective clients, keeping your impression in mind. Whether the most effective look would be a business suit or other attire representing your profession or trade is an individual decision, but make it a conscious decision, because it matters. Perhaps a person could be sloppy or careless in appearance and be meticulous in work performance, but the prospective client has no way of knowing that—he can only conclude by what he sees and hears.

Does Your Dry Cleaner Know What You Do?

When asked what services your company provides, do you respond completely, smoothly and briefly or do you stammer, give a terse, incomplete description or ramble? Articulating your area of expertise and services is the core of marketing. Compose a brief statement that explains your work, using words people outside your profession will understand, and practice saying it aloud.

Business owners don’t always realize that their services are publicized, either positively or negatively, by individuals they might not consider referral sources or detractors. Employees discuss their work with others. Competitors speak either respectfully or resentfully about you, based, at least in part, on your attitude and actions toward them.

Remember that when you interact with another person, regardless of who the person is, you are marketing yourself and your services. You are enhancing his picture of you, or you are diminishing it.

____________________

Performing marketing is NOT optional. Marketing is the actions, whether deliberately strategized or unplanned, that communicate the availability, quality and value of your services. Marketing shapes the image people hold of you and your business and reflects your judgment, thoroughness and professionalism. You can take charge of this message and make it contribute to your success.

by Rosalie Hamilton, the Expert's Expert, author of The Expert Witness Marketing Book and President of Expert Communications, the business development firm helping experts get more clients.