Remove the Pain for Financial Gain - Part 5 - Agitate
This article is part of an article series on How to Get Clients as a Lawyer.
The Series Is titled: Remove the Pain for Financial Gain
Here are links to all the articles in the series:
Remove the Pain for Financial Gain: Part 1: Introduction
Remove the Pain for Financial Gain: Part 2: The Process
Remove the Pain for Financial Gain: Part 3: The Interview
Remove the Pain for Financial Gain: Part 4: The Diagnosis
Remove the Pain for Financial Gain: Part 5: The Agitation
Remove the Pain for Financial Gain: Part 6: The Prescription
Remove the Pain for Financial Gain: Wrap-up
Part 5: The Agitation
Just as a refresher, the IDAP process is a consultative sales system that attorneys use to sign up new clients.
IDAP is an acronym for:
- Interview
Diagnose
Agitate
Prescribe
The focus of this article will be the agitation step of the IDAP process.
Many people misunderstand the agitation step of this process and they interpret it to mean that we want to agitate the client. They mistakenly believe that we have something to gain by making the client angry or upset. Nothing could be farther from the truth. In reality the agitation step helps relieve the agitation a client feels about an issue.
The agitation step is important and it is one of the “special ingredients” in the consultative sales formula.
Here’s why:
The real purpose of the agitation step is to create a sense of urgency in the mind of the client and encourage them to solve THIS problem NOW.
Have you ever had a problem “blow up” in your face? You know what I mean – something you had no idea was an issue suddenly surfaces and you are forced to drop everything else and address it immediately.
This is the kind of situation we are hoping to help our clients avoid.
In order to do this, we need to get them to see just how bad their current situation can become. They need to feel how dire the circumstances can become in order to want to avoid them.
To help our clients address these problems before the become crises we must understand the difference between things that are urgent and things that are important.
Each of us spends most of our day working on problems that are urgent. But just because these problems are urgent does not mean that they are important. There is a big difference.
Here is an example:
Paying the electric bill is important. You may not see the need to address it the moment the bill arrives in your mailbox but once the due date is upon you, you feel the need to send out a check to the power company. The instant you believe that you MUST pay the bill, the task becomes not only important but also urgent.
Keep in mind that there are differing degrees of urgency. In the example above – the electric bill – if you neglect to pay your bill for an extended period of time, your power may be shut off. This may cause you to feel a greater degree of urgency than you felt when you first noticed that the bill was past due.
Take a look at this chart.
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I call this the Priority Matrix.
Items that fall into the top right quadrant get top priority because they are urgent and important – like the electricity that has suddenly been cut off in our home. These are the items that we generally give a high priority to handling. Why? Because of the urgency associated with them.
One of the big differences between urgency and importance is control. Importance can be assigned by an external force (electricity is important to maintaining a certain standard of living). However urgency is a user-based concept. While someone from the outside can assign importance to something (like your boss delegating a project to you) only you control the amount of urgency you feel over any given topic.
Another key point is that importance can generally be influenced through a logical pattern. We need electricity to cook our food, to heat/cool our home to operate appliances and equipment that help provide a safe and secure environment. In order to keep the electricity “on” in our home we must pay the bill. Therefore paying the electric bill is important. This is a logical thought progression.
We cannot apply the same thought process to what people deem to be urgent. Folks have a funny way of deciding for themselves what is urgent and what can be put off. Two factors greatly affect how people assign urgency. They are time and emotional involvement.
Let’s demonstrate though an example:
Today is the 2nd day of the month and you get paid on the 15th. You daughter’s birthday is tomorrow. You have $100 left from your last paycheck. Your electric bill has been sitting on the kitchen counter for the past month. You have not gotten around to paying it. The bill is $60. It is due on the 9th.
Your daughter has been asking you for a specific dollhouse for the better part of a year. She has shown it to you every time the commercial is played on television. It is only available from one store in town and it costs $75.
You must make a decision. What will you do with your money? You cannot pay the electric bill on time and buy your daughter the dollhouse in time for her birthday party – which, again, is tomorrow. Which will you choose and why?
Purchasing a dollhouse for your five year old daughter may not be as important as paying the electric bill. Especially if you only have $100 dollars and the electric bill is $60 while the doll house costs $75. You will most likely buy the dollhouse today and worry about the electric bill on the 15th. Even though the electric bill is more important (before you get upset by that statement, think about it, you could buy your daughter a $40 gift and still pay the electric bill). You will probably risk any adverse consequences of not paying the bill because buying your daughter the gift that she wanted; in time for her birthday party was urgent.
In the dollhouse example you were influenced by time and emotion. These two factors serve to create urgency.
When we combine urgency with importance we understand how we can help our clients make positive changes in their lives and businesses. In the agitate stage we take the rational, logical factors discovered in the diagnosis phase and we add the emotion of urgency to them. Your client knows that logically he must solve his problem now he must emotionally want to solve it immediately.
We add this emotion by presenting case studies of actual businesses who have neglected the very issue your client faces. We illustrate exactly how bad it can be if he does not assign urgency to the problem that he already believes is important.
Ultimately it is this combination of urgency and importance that will allow us to help the client solve he problem.
In the next part of our series on the IDAP process we will discuss the prescription phase of the process.
Remove the Pain for Financial Gain - Part 4 - Diagnosis
This article is part of an article series on How to Get Clients as a Lawyer.
The Series Is titled: Remove the Pain for Financial Gain
Here are links to all the articles in the series:
Remove the Pain for Financial Gain: Part 1: Introduction
Remove the Pain for Financial Gain: Part 2: The Process
Remove the Pain for Financial Gain: Part 3: The Interview
Remove the Pain for Financial Gain: Part 4: The Diagnosis
Remove the Pain for Financial Gain: Part 5: The Agitation
Remove the Pain for Financial Gain: Part 6: The Prescription
Remove the Pain for Financial Gain: Wrap-up
Part 4: The Interview
As we have discussed the sales process for attorneys is summed up by the acronym IDAP which stands for:
- Interview
Diagnose
Agitate
Prescribe
We are now going to discuss the diagnosis phase of the IDAP process.
If you were to go to a physician with several symptoms of an illness, the physician would first interview you to make certain he understood everything that was going on inside your body. He would also probe into the outside factors that may be contributing to the situation. He may even order some type of tests to help him delve into the possible unseen causes of the illness.
In our world we follow similar steps during the interview phase of the IDAP process. In your interview you should have built up a bond with the client. You should have also reviewed all of the “symptoms” with the potential client and conducted any of your own “tests” to help narrow down the problem as much as possible. Your goal in the interview phase is not just to gather information, but to build up a relationship of trust with the client.
These steps are important – not only for you – but to convince the client that there is actually an advantage to solving this problem urgently. Many clients believe that they can “ignore” a problem into going away
In either case, your job is to help the client understand and diagnose for himself just how serious the issue is and how he must get to work on it immediately.
Here’s how we go about doing that:
Remove the Pain for Financial Gain - Part 3 - The Interview
This article is part of an article series on How to Get Clients as a Lawyer.
The Series Is titled: Remove the Pain for Financial Gain
Here are links to all the articles in the series:
Remove the Pain for Financial Gain: Part 1: Introduction
Remove the Pain for Financial Gain: Part 2: The Process
Remove the Pain for Financial Gain: Part 3: The Interview
Remove the Pain for Financial Gain: Part 4: The Diagnosis
Remove the Pain for Financial Gain: Part 5: The Agitation
Remove the Pain for Financial Gain: Part 6: The Prescription
Remove the Pain for Financial Gain: Wrap-up
Part 3: The Interview
In Part 1 of this series we discussed the attorney’s role as a pain relief expert. In Part 2 we outlined the process for pain relief – the sales process known as IDAP. This is an acronym for Interview Diagnose Agitate and Prescribe.
In Part 3 we will begin to get into the details of the IDAP process by outlining the Interview step.
Our goal in the interview step of the process is twofold. First, we want to establish an environment that allows the client to be open and forthcoming without feeling like he is embarrassed or uncomfortable. Second, we want to understand, in as much detail as possible, the issue that is affecting our potential client.
A good interview can help us achieve both of these goals. Here’s how.
As we being the interview we need to start off by creating some common ground with our client and bonding with him/her.
People do business with people they like. They do not do business with people who intimidate them or are condescending. Save your “game face” and your killer glare for the opposing counsel in the proceedings. When you’re with your client, they need to feel good about their relationship with you. They need to see that you are human…that you have some vulnerability.
The quickest way to establish this kind of rapport is to appear a little awkward or uncomfortable yourself. I know it sounds crazy but it works.
I remember a time when I was going to meet with the CEO of a retail company to try to close a big deal. This gentleman was tough…and very intimidating. He was about 6 feet 4 inches tall and he spoke with a pronounced southern drawl. He had worked his way up through the ranks of the company – really paid his dues by busting his butt in the warehouse, on the sales floor and in the accounting and purchasing departments. He knew his business and he certainly didn’t want some “Ivy League New York Punk” coming in and telling him what to do to improve it.
I got to the building about 30 minutes early and I signed in at the security desk in the lobby. I then got in the elevator and it proceeded to get stuck… and the air-conditioning shut off. I was in there for about 20 minutes in 90 degree heat.
By the time the building maintenance crew got it moving I had perspired completely through my shirt.
Since I was already five minutes late, I literally ran down the hall toward the CEO’s office. Just as I turned the corner I slammed into….yes, you guessed it….a 6 foot 4 inch man who was coming back to the office from a trip to the rest room.
After I picked up the papers that went flying from my briefcase (which he helped me do) I explained how I had been stuck in the elevator and I was trying not to be late for the meeting. (I later found out that he had been stuck in that same elevator earlier in the day.) The entire incident help him feel completely comfortable with me – and probably a little sorry for me – and it set the stage for what was a fantastic interview and a profitable relationship (for both firms).
I’m not telling you to purposely get stuck in the elevator when you meet with a prospective client. What I am saying is that you need to make the other person feel at ease in the early stages of the interview. The best way to do this is to be human and make some sort of a self-deprecating statement or gesture.
Let them feel like they are more comfortable in their own skin than you are in yours.
Fumble around in your brief case looking for a pen. Or better yet ask to borrow the client’s pen. Drop some of your notes on the ground and take some time picking them up. Give the other person the opportunity to be comfortable with you. You have to be an approachable and likeable regular guy/gal.
After you’ve shown the prospective client some vulnerability and you have him feeling comfortable, the best way to open up the interview is by saying something like:
“Thanks for inviting me in today. It’s been a hectic day and we have not spent much time talking about your situation. Would you mind filling me in on what’s going on?”
You need to use this kind of an opening even if the prospective client gave you a good portion of the information before you sat down with him. You want to do this for two reasons: 1). you want to get the client talking and 2). you want to hear the client restate what he thinks his problem is.
When I describe this opening statement people often say:
“Dave won’t that make me seem stupid? Won’t the client think I’m dumb? I mean we just talked about his problem on the phone a couple of days before the meeting. He’s going to think I’m an idiot if I ask him for the information again.”
I understand why you may think that the client will feel this way. But most of the time they don’t.
Think of an appointment you may have with a therapist, counselor or doctor. The first thing the therapist will ask you to do is recap what you covered in the last session. The doctor is going to ask you to tell him where it hurts and review your medical history. The counselor is going to want to know what issue brought you into his office. They are looking for a description of the symptoms you are feeling. That’s exactly the same thing you are doing with your client.
So as you get into the interview you need to make sure you get the prospective client to describe the situation in as much detail as possible. The goal is for him to speak 80% of the time and for you to speak 20% of the time.
This is not an opportunity for you to show him how smart you are by giving a presentation. You want him to give you clues as to how you can help him. To get him to do this you need to be supportive and encouraging as he is giving you the information.
When he says something like:
“We didn’t get the deposit from the customer up front and now he owes us over 3 million dollars. Wasn’t that stupid?”
You should say something to the effect:
“That’s not unheard of. I’ve seen many clients act in good faith and then have a difficult time collecting.”
The idea is to get the information from him and let him preserve his dignity and self-respect while he spills this painful information out all over the floor.
It takes practice to get this part of the process right. Our first instinct is always to show how smart we are and to make ourselves feel good by putting the other guy down. That’s the quickest way to lose the client. Be smart by letting the other guy feel good during this process.
In Part 4 of our series on Removing the Pain for Financial Gain will discuss the next step in IDAP – Diagnosing the client’s pain.
Remove the Pain for Financial Gain - Part 2 - The Process
This article is part of an article series on How to Get Clients as a Lawyer.
The Series Is titled: Remove the Pain for Financial Gain
Here are links to all the articles in the series:
Remove the Pain for Financial Gain: Part 1: Introduction
Remove the Pain for Financial Gain: Part 2: The Process
Remove the Pain for Financial Gain: Part 3: The Interview
Remove the Pain for Financial Gain: Part 4: The Diagnosis
Remove the Pain for Financial Gain: Part 5: The Agitation
Remove the Pain for Financial Gain: Part 6: The Prescription
Remove the Pain for Financial Gain: Wrap-up
Part 2: The Process
In Part 1 of this series we discussed the role of the attorney as someone who helps relieve a client’s pain. Now that we are all familiar with the rationale behind this “pain relief” philosophy, it is time to discuss how to apply this concept when working with a client. We are going to specifically discuss how we can use our role as pain relief specialists to “sell” our services.
Side note: I know that most attorneys believe that “sell” or “selling” or “sales” are dirty words. I know that many attorneys view sales as being beneath them. You need to get over that. Get this through your thick head….nothing happens until somebody sells something. There are good ways to sell and bad ways to sell. In this series we’re going to discuss how to sell without looking like a schmuck. It is a consultative sales approach and it works. Try it once and I know you’ll be hooked.
Now that I’ve gotten that off my chest, let’s talk about the fool proof process for consultative sales.
There are four steps that successful attorneys use to develop business.
The process can be summed by the acronym IDAP. Those letters stand for:
- Interview
Diagnose
Agitate
Prescribe
In the interview stage of the process you work with the prospect to understand his situation. The key is to listen, and I mean truly listen to make sure that you know what the client is going through. You want to make sure that you have a good sense for how it may affect him personally.
During the diagnosis phase of the process you want to have the client admit what is causing his pain. This is critical. You telling him what you think the problem is will not work. The client must self-diagnose. He’s got to admit it.
Agitation is the part of the process that sounds the most threatening but really is in the client’s best interest. It should be considered “contingency planning”. In this phase of the consultative sales process you need to have your client think about the worst case scenario. By taking him through this exercise you will have forced him to address an issue that was truly a threat to his business.
Finally in the prescription phase of the process you help the client see you as the antidote to the festering problem. Again, it is important that he makes the decision. By selecting you he has chosen to heal himself.
You may have noticed that the client is doing a lot of work here. That doesn’t seem like the typical sales process…does it?
In Part 3 of Remove the Pain for Financial Gain we will discuss how to conduct the initial client interview.
Remove the Pain for Financial Gain - Part 1
This article is part of an article series on How to Get Clients as a Lawyer.
The Series Is titled: Remove the Pain for Financial Gain
Here are links to all the articles in the series:
Remove the Pain for Financial Gain: Part 1: Introduction
Remove the Pain for Financial Gain: Part 2: The Process
Remove the Pain for Financial Gain: Part 3: The Interview
Remove the Pain for Financial Gain: Part 4: The Diagnosis
Remove the Pain for Financial Gain: Part 5: The Agitation
Remove the Pain for Financial Gain: Part 6: The Prescription
Remove the Pain for Financial Gain: Wrap-up
Part 1: The Introduction
What business are you in?
Many attorneys don’t understand the answer to this question.
It’s not that they don’t understand the words as they are written. They literally do not understand the reason that they are in business.
They think it is about interpreting the law for their clients. Or they may think their job is about completing a transaction. Or defending a position. Or even making money.
All of those things are part of a larger picture.
When an attorney gets up in the morning he has one purpose and one purpose only.
Attorneys get paid to help their clients relieve or prevent pain.
That’s it.
I understand that you may not immediately agree with this assertion. So let’s walk through some typical scenarios.
A criminal defense attorney has a client who is charged with a crime. Going to prison would certainly be painful for the client.
An intellectual property attorney is hired by XYZ Company to prevent ABC Company from infringing on its intellectual property. XYZ has pain because they believe that someone is stealing from them and ABC has pain because they are now being accused of theft.
John and Jane Smith are purchasing a home from Sally and Sam Jones. Both the Jones family and the Smith family hire a real estate attorney to draw up and review the contract because they don’t want the pain of losing money or being a victim of fraud.
What about some of the less obvious disciplines within the law?
It really is difficult to find a case or situation that is not about pain relief or pain prevention.
Divorce = Pain Relief
Adoption = Pain Prevention
Personal Injury = Pain Relief
Employment Law = Pain Relief and Pain Prevention
Appellate Law = Pain Relief
Tax Law = Pain Relief and Pain Prevention
Ultimately a law practice is a pain relief or pain prevention business. That’s why your clients come to you. That is your purpose.
Once you understand that your purpose in life is to help people with their pain, “selling” your services takes on a whole new meaning.
We will talk more about that in Part 2 of Remove the Pain for Financial Gain.



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