Law Practice Tips

The Lawyer’s Business Card
By Jim Calloway, Director OBA Management Assistance Program

This week we will cover a topic generally unrelated to law office technology. We will discuss the lawyer’s business card.

Business cards have been around for a long time. Business cards evolved from calling cards, or visiting cards. The oldest sample of a visiting card from Germany, apparently dates back to 1786.1 The French and the Chinese lay claim to earlier versions of the card. By the early 19th Century, those in Victorian society used the cards as an integral part of social etiquette. A lady would make calls when she arrived in town, typically remaining in her carriage while her groom took the calling card to the mistress of the house. The lady then might be invited inside. A rejection by the mistress of the house was handled discretely by saying she "was not at home."

Calling cards from impressive visitors were displayed in silver trays in the entry halls. Elaborate rituals were associated with calling cards. A folded down corner meant that the individual had delivered the card personally instead of by a servant.

Victorian sensibilities and formalities may seem a far cry from the business world of today. But we lawyers still carry our calling cards, as do many other professionals.

Some lawyers hand out business cards frequently and regularly. Other lawyers seem almost a bit shy about their business cards. Maybe they are just a bit reserved. But we think some lawyers are conflicted about distributing their business cards because of a perceived negative public perception. Lawyers and their business cards are certainly linked in the minds of many members of the public. Unfortunately many of these impressions are unflattering.

Many new lawyers, after years of study, were quite pleased to finally have their license to practice law and to have business cards. They were probably surprised the first time they gave their card to a friend or family member who made a retort like, "Yeah, you’re a lawyer for sure — they always are giving out business cards."

The character portrayed by Paul Newman in the movie The Verdict was certainly unflattering. He appeared at a funeral, discretely slipping the funeral director some cash in return for being introduced to the grieving widow as "a fine lawyer" and acquaintance of the decedent. He offered his condolences, slips a business card into the widow’s hand and purrs, "if there’s anything that I could do to help ..." Other movies and TV shows have featured lawyers forcing business cards on accident victims or their families. One can understand a reluctance of some to fall into that sort of stereotype. The successful lawyer will have to overcome that reluctance.

Films are not the only setting where the proper use of business cards is an issue.

One Oklahoma lawyer discussed his concerns with me over a colleague who had passed out business cards in what he deemed to be an inappropriate manner. He invited his fellow lawyer to be his guest at a religious gathering where several businessmen were present. When he introduced the other lawyer, there was some small talk which concluded with the lawyer giving a business card to each new acquaintance. The lawyer was offended that his guest would use a religious occasion to attempt to solicit business for himself.

I was somewhat more charitable in my view of the lawyer’s actions. My reasoning is simple. Handing someone a business card is not a solicitation for legal business.

While business cards are certainly purchased by lawyers with the hope that they will result in business, there are other aspects to a business card. Receiving a business card is actually appreciated by many people, for example, those who have difficulty hearing you pronounce your name. In a loud, crowded room, that may include a large number of us. They are a great memory aid. I confess that more than one time I have slipped a glance at the business card I have received just a moment before to refresh my recollection.

Business cards are a simple way to convey your contact information. They are much more professional and efficient than writing a phone number on a napkin.

Business cards are great reminders. When another lawyer asks you to do something later for him, get his card as a reminder. When you want someone to e-mail you something, give him your card (with your e-mail address on it) as a reminder.

Business cards are cultured and polite. There is a long history of them being used by ladies and gentlemen. Business cards are unobtrusive. A person receiving a business card has control. They can discard it or save it. They can use the information on it or not.

So, Oklahoma lawyers, there is no need to be shy about handing out your business cards. If someone else has a problem with that, then they are the ones with the problem. That relative who made the snide remark is just jealous because he doesn’t have any business cards of his own anyway.

Having said that, we have to be honest. Distribution of business cards is good for business for most lawyers. It is perhaps the more inexpensive form of marketing. Giving out business cards in an appropriate manner helps people remember your name and your profession. It gives them an easy way to contact you should they need your legal services. A lawyer opening a new private practice should make a conscious effort to give out lots of business cards.

For lawyers, your name is your trademark and your brand name. Corporations spend millions of dollars for advertising and promotions trying to increase brand name awareness. Surely you should be able to exert the effort to distribute your name on a few business cards to those you meet.

What’s on your business card?

We all know the basics — name, address, phone, fax, "Attorney at Law" and perhaps law firm name.

What about your e-mail address? Well, most who know me would probably expect me to heartily endorse that on your business card. But the actual answer is "it depends." Having your e-mail address on your business card is an implied invitation to contact you by using e-mail. For many of us, if we have your e-mail address it will be the preferred method of initial contact. So, if you use e-mail and regularly check your e-mail, by all means have your e-mail address on your card. Some people will be more inclined to drop you a brief word if they can do it by e-mail. But if you don’t check your e-mail several times a week, leave off the e-mail address. Unreturned e-mail queries are just like unreturned phone calls. They do not please anyone.

Your Web site address is another matter entirely. Your Web site address absolutely, positively has to be on your business cards and your stationary. You set up a Web site so that people would look at it and the most likely group of people to check it out are people who actually know you. One could argue that the inclusion of the Web site address makes it more likely that the recipient will retain your business card. People equate Web sites with free information and they may tuck your card away, thinking they will check out your Web site later to see what is there. There are many other techniques for Web site publicity. If you are interested, check out our OBA CLE "Just a Byte" program December 4, 2001 in Tulsa.2

What about mobile phone numbers and pager numbers? That depends on whether you want clients to use those methods to contact you. Most lawyers tend to keep their mobile phone numbers fairly closely held. After all, a call from a client when you are sitting in the bleachers at your child’s little league game is not only distracting, but it is also not a good location to discuss confidential matters. Some lawyers, particularly those just getting established, now have policies of taking calls nights and weekends. They would want the listings on their cards.

Tulsa attorney Dan Morgan showed me a neat trick with his business card. He gave me a one of his cards telling it was a "special" card and indicating that I should flip it over. I did and on the back was a lot of additional personal contact information — his mobile phone, his home phone, his home e-mail and such. I was quite impressed at the amount of contact information he gave to his clients and at the ingenuity of using both sides of the business card. I joked that you could tell he did not handle domestic relations work or he would not publicize all of that personal information.

Dan then urged me to take a closer look. He had created his "special" cards with a technique that any of us could easily use. He had purchased some sheets of transparent labels and printed a sheet or two of labels with the special information. Then he had just affixed the printed labels to the backs of some of his business cards. Since the label was transparent, the first impression was that the information was printed on the back of the card.

Dan’s creativity sparked several thoughts. I have seen some lawyers who had printing on the reverse side of their business cards. An attorney who does a lot of personal injury work might print "four things to do if you are in an accident" printed. One attorney with a criminal defense practice had a nice script for clients to read when questioned by the police ("Officer, with all due respect, I decline.....") printed on the reverse side of his card. I often wondered if that was useful as a service and a device for getting people to retain your business card. I also wondered if it could be counterproductive. Would a businesswoman be put off by getting a business card that referred to Fifth Amendment rights?

Those are business decisions individual attorneys contemplating more unique business cards have to make for themselves.

But the idea of using printed plastic labels for the reverse side of cards in very limited and unique situations really seems useful. What a great idea for cards to give out to friends, family, babysitters or others who you want to have every possible point of contact. Suppose you are a member of a small group and want them to be able to easily contact you or you are the new leader of a committee or civic club and you want them to remember your name. Here are a few possible examples:

Sluggers Little League Coach Home phone 555-1212
OBA Bench & Bar Committee Chair
08/30/01 Speaker on Estate Planning at Sunnydale Senior Center

There’s always a value in spending a few moments thinking about something you have long taken for granted in new ways. Whether you view this as a marketing opportunity or just a convenient time-saver, it’s an interesting idea. And there’s always the chance that one of the little league parents might need your services some day.

Who needs business cards?

Well, every professional. So that includes all lawyers. What about your employees like office manager, paralegals, secretaries and receptionist? Well, most would probably agree that the office manager who deals with many vendors, salespeople and other business contacts could benefit and more effectively perform in many situations with business cards. To avoid any ethical questions, it is probably best if any non-lawyer with a law firm business card has their title included on the card. Your office manager would probably agree.

What about other staff and clerical employees? Your firm has to make the decision here, but one could certainly believe that staff would think it a nice touch and that business cards out there circulating with your firm’s name on it can never hurt.3

If you decide to give non-lawyer employees firm business cards, be sure and set aside some time to discuss both the proper method of using business cards and the special rules attorneys have to follow regarding client solicitation. Make sure they understand they are being given the cards as a recognition of their professional standing in the office, not to solicit business for your firm. Most lawyers in general practice have represented the occasional client where the initial contact was made through a staff member, but this usually involves someone close to the client, not a casual contact.

When a law firm staff person in a social setting distributes a business card, there will sometimes be a response like "You work for a lawyer? Well, let me ask you something." A proper response is to note that they cannot give legal advice, confidential legal matters are best discussed in a law office setting, not a social one, and the person needs to initiate contact with the law firm during business hours, not the other way around. It is also appropriate to note that the law firm does or does not handle the type of matter being discussed.

In Jay Foonberg’s book How to Get and Keep Good Clients, he stresses use of the business card. He advocates giving one to everyone to whom you are introduced and collecting from others freely as well. When you return to the office, you can drop off all the business cards you received to an assistant with the name of the event. The assistant will then produce a series of personalized "Nice meeting you at X event" letters for your signature. The follow up letter enhances the other person’s recollection of you.

Alternative Business Cards

Everyone likes to standout from the crowd and be a little different sometimes. Is this a good idea with an attorney’s business card? To a certain extent, it depends on the attorney’s personal comfort level. But, here I have to admit to a bias in favor of the more traditional cards. A lawyer will be entrusted with some of the most important matters of a client’s life. Alternative business cards in odd colors or shapes will convey a certain casualness to many potential clients.

It also depends on the focus of your practice. Lime green cards with purple lettering will definitely not advance your cause if you are trying to handle multi-million dollar real estate closings or prepare complex estate plans. On the other hand, if you represent struggling artists, it may strike a positive chord.

I’ve seen lawyers with plastic business cards. They certainly are more durable than paper. Some lawyers have used refrigerator magnets, can "coozies," double-sized "fold over" cards and all sorts of creative marketing ideas. A business card has to be the standard 3.5 inches x 2 inches size. It has to fit in the wallet. In my opinion, any other size of card defeats the purpose of having it in the first place. A magnet may be great on the client’s refrigerator, but if they try and stick in it their wallet it may play havoc with their bank and credit cards.

So, let’s examine a few ideas.

Some business cards have individual’s photographs on them. Is that a good idea? This was debated recently in an online lawyer’s forum. Predictably some thought it was a good idea and some thought it was a horrible idea. One lawyer said, "A good idea? Yeah, right, if you want to be mistaken for a real estate agent or car salesman." Another lawyer responded that he has used pictures on his cards for years and it has worked quite well. In his practice, he often interviewed witnesses by phone several times but never met with them personally until the hearing at the court house. He liked the fact that the witnesses used his cards to locate him instead of his being forced to roam around the court halls yelling out the name of the witness.

Vicki Porter wrote an article about her very unique business cards some time ago. It appeared in the American Bar Association General Practice Solo & Small Firm Section Solo Newsletter. The complete story is online at http://www.abanet.org/genpractice/solo/winter98porter.html.

Ms. Porter designed her business cards with a baseball motif shaped like baseball trading cards. On the front of her trading card is her picture with the phrase "Attorney at Law". On the back, are her "statistics."

She describes the reverse side of her card as follows:

Admittedly, many potential clients might be put off by such a business card. But it might be considered humorous and attractive to others.

Logos on business cards can make them stand out. Many large law firms have designed logos for their attorney cards and other purposes. A well designed logo can enhance the professional appearance of a card. Lawyers sometimes tend to think they can do everything, though and a logo self-designed by an amateur with a computer graphics program may detract rather than enhance.

Lawyers with very specialized practices may have some more leeway for creativity. For example, what would you think about having a "tip calculator," on the back of your card with 15% of various dollar amounts for use is restaurant dining? For most of us it sounds terrible. It comes across as an unprofessional transparent ploy to get people to hang on to your card. If you were a lawyer who specialized in the problems associated with new dining franchises or you had been invited to give a presentation at a restauranteurs’ convention, it might come across as a clever witticism. Certainly it would make the point concerning your area of practice.

One final comment is that you should use business cards that coordinate with your stationery. If you purchase stationery from a vendor, buy matching business cards there, too. If you started using electronic stationery4 for savings and convenience, then at least use the same fonts for your business cards. Part of successful marketing is repetition.

We hope this brief article has inspired lawyers to be a bit more pro-active with their business cards. They are good for your practice and good for your image.

1. Several items about the history of business cards were gleaned from the Internet. The veracity of this information has not been verified authoritatively. Nevertheless it makes a good story.
2. "Law Firm Marketing Via the Internet" 2 hours MCLE .5 hour ethics at O.S.U. Tulsa Campus, 700 N. Greenwood Ave.
3. Well, almost never. Many of us have had a few employees, that in hindsight, we would rather have never tell anyone that they work or worked with us, much less document it in writing.
4. Electronic stationery — This means you use the same paper for printing both document and letters. Letters have your "stationery" information printed at the top at the same time the letter is printed. For some law firms, this is a great cost-saving and time-saving practice, particularly if your printers only have one paper tray. Other lawyers would die before using anything but purchased raised-letter or embossed stationery.

Tip of the Month

Low-Cost Marketing Tip

Organize and publish an e-mail newsletter for your business neighborhood or office building/complex. Request an e-mail address from each neighbor or tenant. Ask everyone to send business announcements, specials, sales, reminders, articles, etc. to you each month. You can put it into one e-mail. (with your name and office address PROMINENTLY displayed) to send to your business neighbors each month. You can include a short article on a legal issue or you might even include a Legal Tip of the Month!

Originally published in the Oklahoma Bar Journal Sep. 8, 2001 - Vol. 72; No.26