Jen Viano, copywriter

About a year ago, I reconnected with Copywriter Jen Viano, who was just launching her own business after years of leading, marketing, and growing nonprofits in Metro Detroit.  Jen and I instantly hit it off because we have similar values, and passion for our work, and work ethic.  We caught up recently for a “virtual coffee” by phone, and out of our chat came some great marketing lessons that I thought I’d share with you.

I was congratulating Jen on recently zeroing in on her niche market.  Not surprisingly, Jen will be specializing in serving the nonprofit sector.  She is in the process of a rebrand and will soon launch “Jen Viano Nonprofit Communications”.  Jen gave herself about a year of working with various types of businesses, providing them with copywriting services and marketing consulting.  From that experience, she recognized her true calling and honed in on who she can provide the most value and help to: nonprofit organizations that want to more successfully attract donors and grow revenue.

This process is similar to what many professionals face when trying to decide who their ideal client is. Sometimes fear or lack of immediate revenue gets in the way of professionals serving their “ideal” client, and they’ll settle for working with “whoever walks in the door that can pay them”.   In the end, the professional doesn’t feel the same satisfaction from their work when the client isn’t the right fit, and usually the client doesn’t have a great experience either. We’ve all experienced service from someone who clearly loves their work, and someone who is just showing up for the paycheck.  Which one did you enjoy more?

Jen noted, “just because you specialize in one area doesn’t mean you are restricted by it.  Someone outside your target market may also resonate with your service and contact you.”

If someone outside your target market contacts you for your services, you get to choose if you would like to help that client or not.  In some cases, you may say, “I’m afraid I’m not the best fit for you, but I know another lawyer (or CPA, or copywriter, etc.) who might be.”

You can refer them to another respected professional who you believe is a better fit for them.  The client will appreciate being guided to the right professional more than if you both suffered through the experience knowing you weren’t right for each other.

I often suggest to the solo and small firm attorneys I provide consulting services for that they can focus their marketing dollars in one area of law that they are passionate about, and if it attracts clients for other services they also provide but aren’t marketing, they can choose whether or not to help that client or refer them elsewhere.

It’s better to focus your marketing to one target client niche, than to try and capture all clients in need of all the legal services you could provide, but don’t love handling.  The “niche” is the target client market you wish to serve.  The lawyer’s area of specialization is the area of law he or she chooses to practice.  A client in need of estate planning for retirement might be a niche market for an estate planning attorney.  Or that estate planning attorney might choose to focus on another niche such as “business owners” or “young professionals” in need of estate planning services.  You can also select your niche market based on location (Oakland County, or Metro Detroit, or Mid West), or client demographic (women, singles, professionals age 25-40, etc.), or interests of your client niche (loves tennis, red wine, yoga, etc.)  The more you have in common with your niche market, the more you will both enjoy working together.  I found Michael Port’s Book Yourself Solid book to be helpful in determining the ideal client for service professionals.

Jen noted that “by getting very clear about who your ideal client is you can build an effective business model and communications platform that is engineered to attract the clients you can best serve and bring results to.  In the end, this will make your work more enjoyable and profitable.”  

Jen recommends the following resources for selecting your niche and attracting your ideal clients:

• The Power of Claiming a Niche by Michelle Peterson

• How to Get Kick-Ass Clients by Art of Clients  (Note: by clicking on  How to Get Kick-Ass Clients, you can choose how to receive the complimentary article: pdf download, mobile, etc.)

Jen also shared these valuable tips for professionals to help them attract their idea client:

• Work on your mindset, emotions, and feelings.  Be confident of the value you provide, and the fees you charge. This is an attractive quality that will make people gravitate toward you.

• Commit to your niche and aim to be valuable first, by providing helpful content and highly actionable tips and resources that will begin to help solve your ideal client’s problems. So, for instance, if you’re specializing as a divorce attorney, offer a free report with your email sign-up that helps address one major pain point that you know your ideal client is having as a result of this tough time in her life. You’ll build your know-like-trust factor and, with continued consistent communications, your ideal client will be more inclined to call you to handle her case.

•  Use marketing testers before launching any big marketing campaign or new service offering.  While this may seem obvious, few people actually do it.

Jen has been doing some testing of her new tagline, website home page copy, and product offerings.  When testing her tagline, for instance, her test group gave her valuable, honest feedback about whether the wording resonated on a strong emotional level…or not.  After a few rounds, Jen had a tagline that she knew her ideal clients “instantly got” and it was especially fun to receive feedback like “I LOVE IT!!!”

If you think testing will make you vulnerable, think again.  This is a fantastic way to be smart about your marketing messages and product creation, while planting seeds with potential ideal clients.

What has been your challenge when it comes to identifying and marketing to your ideal client?

____________________________________________________________________________________________

Jen Viano helps nonprofits attract donors and grow revenue. As a copywriter, content writer and consultant with Jen Viano Nonprofit Communications, she helps build strategic marketing systems and communications that attract and develop loyal donors who love the nonprofits they support. Contact Jen at Jen@JenVianoCopywriting.com to connect and sign up for her free e-newsletter The Donor Attraction Letter.  

I enjoyed reading an article in Crain’s Detroit Business, entitled “Benefits of changes in malpractice law still being disputed” by Jay Greene.  I thought Mr. Greene covered both sides of the issue well.  I became a lawyer in 1989, and experienced the legal realities of how tort reform drastically impacted injured parties in their right to file auto accident cases and medical malpractice actions the last two decades.

Mr. Greene’s article summed up the results of medical malpractice reform as follows: after nearly two decades since the reform there is ample evidence that premium rates and lawsuits are down, but whether overall costs have been contained or public safety adequately protected is still in dispute between the medical profession and attorneys who represent medically injured parties.

I’ll admit I side with the attorneys who represent the medically injured.  The article quoted Norman Tucker, a plaintiff personal injury attorney and partner at Sommers Schwartz, PC who stated: “The 1993 changes went too far. There is an element of anger with injured patients. I tell someone I think you have a case, but the cost does not justify the payouts. They feel it is a stupid system because they were injured and have lost wages and need to pay for their medical care.” 

Tucker went on to explain how the “caps” work in medical malpractice cases:

“Because of limitations on damage awards, a case with an estimated $350,000 in recovery value could cost $80,000 to prepare for trial and take three years to complete. Winning a case could net $270,000 minus $90,000 for the attorney fee with estimated overhead of $45,000. The attorney could earn $45,000 with the patient recovering only $180,000. These types of cases are not being taken anymore. If I lose, that comes out of my pocket. Meanwhile, the people who make errors have no incentives to make improvements. Incentable lawsuits cause all of us to do better, and it makes medical practitioners more responsible.” 

Plaintiff’s Attorney Brian McKeen, Founding Partner of McKeen & Associates PC, who also specializes in medical malpractice cases seems to agree with Tucker’s sentiments, when he stated “capping noneconomic damages does not discourage people from bringing frivolous suits. Other reforms like affidavit of merit — a statement from a medical expert that the case has merit — have done that.  You are punishing people who can bring legitimate damages but don’t have large economic damage claims. The cap on noneconomic damages should be repealed. Many patients and their families have been disenfranchised by the cap. It is hard for them to find a good attorney unless they have massive economic damages.” 

When there is medical error, but the cap on damages doesn’t make “business sense” for the attorneys to file an action on behalf of the injured party, that amounts to a loss of rights for the injured party.

The cap on damages adjusts annually based upon the consumer price index.  Click here for the 2013 revised act for the Limitation on Non Economic Damages and Product Liability Determination on Economic Damages. The afore-mentioned revised statute caps medical malpractice recoveries on claims without certain permanent disabilities at $433,400 in 2013; the cap with certain permanent disabilities is set at $774,400 for 2013.   Lawyers and their clients are to refer back to MCL 600.1483(1) and 600.2946a(1) for what constitutes a disability.

600.1483 Claim for damages alleging medical malpractice; limitation on noneconomic damages; exceptions; itemizing damages into economic and noneconomic loss; “noneconomic loss” defined; adjusting limitations on noneconomic loss.

Sec. 1483.

(1) In a claim for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the medical malpractice of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of 1 or more of the defendants, 1 or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00:

[editor's note: damages adjust annually in conjunction with the consumer price index.  Click here for the 2013 revised act for the Limitation on Non Economic Damages and Product Liability Determination on Economic Damages]

(a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following:

(i) Injury to the brain.

(ii) Injury to the spinal cord.

(b) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living.

(c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.

(2) In awarding damages in an action alleging medical malpractice, the trier of fact shall itemize damages into damages for economic loss and damages for noneconomic loss.

(3) As used in this section, “noneconomic loss” means damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 2922 or otherwise, loss of consortium, or other noneconomic loss.

(4) Beginning April 1, 1994, the state treasurer shall adjust the limitations on damages for noneconomic loss set forth in subsection (1) by amounts determined by the state treasurer at the end of each calendar year to reflect the cumulative annual percentage change in the consumer price index. As used in this subsection, “consumer price index” means the most comprehensive index of consumer prices available for this state from the bureau of labor statistics of the United States department of labor.

For an explanation of what constitutes a permanent disability in medical malpractice cases, see MCL 600.2946a below:

Sec. 2946a.

(1) In an action for product liability, the total amount of damages for noneconomic loss shall not exceed $280,000.00, unless the defect in the product caused either the person’s death or permanent loss of a vital bodily function, in which case the total amount of damages for noneconomic loss shall not exceed $500,000.00. On the effective date of the amendatory act that added this section, the state treasurer shall adjust the limitations set forth in this subsection so that the limitations are equal to the limitations provided in section 1483. After that date, the state treasurer shall adjust the limitations set forth in this subsection at the end of each calendar year so that they continue to be equal to the limitations provided in section 1483.

(2) In awarding damages in a product liability action, the trier of fact shall itemize damages into economic and noneconomic losses. Neither the court nor counsel for a party shall inform the jury of the limitations under subsection (1). The court shall adjust an award of noneconomic loss to conform to the limitations under subsection (1).

(3) The limitation on damages under subsection (1) for death or permanent loss of a vital bodily function does not apply to a defendant if the trier of fact determines by a perponderance of the evidence that the death or loss was the result of the defendant’s gross negligence, or if the court finds that the matters stated in section 2949a are true.

(4) If damages for economic loss cannot readily be ascertained by the trier of fact, then the trier of fact shall calculate damages for economic loss based on an amount that is equal to the state average median family income as reported in the immediately preceding federal decennial census and adjusted by the state treasurer in the same manner as provided in subsection (1).

Points to Ponder and Share:

What are your thoughts in the matter?  

Do you feel that someone who is permanently disabled as a result of a doctor’s medical error should be limited in the amount of their recovery?

As is our custom the first Wednesday of every month, we publish a newsletter for small business owners and professionals, called News and Events.  In lieu of a blog post this week, we refer you to our newsletter.

Click here for articles to help you with marketing ideas, legal/accounting/financial news and tips, and other tips for solo and small business owners.

Let us know which articles you found most helpful, and what areas you need support in for your business.

May 1st is deemed Law Day nationally.  Have you ever attended an “ask the lawyer” event? Sometimes local senior centers, court houses, or schools will invite attorneys in to answer legal questions from the community.

Photo credit: http://www.americanbar.org/content/dam/aba/images/public_education/law-day2013-homepage.jpg

I recently joined the Solo/Small Firm General Practice Section of the State Bar of Michigan, and we are planning an Annual Law Day, starting May 1, 2014. It will be at the Community House in Birmingham and is FREE and open to the public. Lawyers in different practice areas will be available to answer your questions. Details will be provided closer to the event.

In the meantime, if you have some legal questions, you are welcome to contact me for a free phone consultation.  Or, you may wish to attend one of the local community events noted below: