Bottom Line Business Insights : Maryland Business Lawyer & Attorney : Wagonheim Law Firm : Mergers & Acquisitions & Contractual Negotiation

“So, what’s your 5 year target?”

My client responded quickly: “$7,000,000 gross revenue in 5 years.”

“OK, so let’s drill down. What is your average salesperson generating now and what kind of inside staff do you need to support each outside salesperson?”

The answer was sobering. Eight new sales people, five new inside people, two more warehouse people and one administrative person – 16 new hires overall -- would be needed to reach the company’s 5 year goal. This would come close to doubling the size of my client’s company. The answer was sobering not because it couldn’t be done; but rather because he’d never actually sat down and done the math. 

Having arrived at a picture of what the company would look like in 2016, we then began to trace the steps we would need to get there. In other words, we had to figure out what 2012 would look like:

• How many people she would need to hire;
• What kind of business would have to be brought in to support them; and
• The sales and marketing effort necessary to bring in the requisite business.

This is a subject near and dear to my heart, and to explain why, I have to give you a little window into the business of practicing law.

Ask any business lawyer (any lawyer, really, other than a personal injury, bankruptcy, or tax relief attorney) and he or she will tell you that business comes in by referral. “We don’t advertise,” is the typical refrain. 

Well, that’s true. Neither do we. But at the end of 2008, I realized something. I realized that when I point to referrals as my marketing strategy, I was really doing nothing other than crossing my fingers and hoping that the phone rang the next day with the right person at the other end of the line. I had no plan. And when I asked myself how I was going to make the next year better than the one that was just ending, I had no plan other than…well…prayer.

So I changed things. I made marketing a priority and, more importantly, made a number of significant improvements to how we do things and what we offer so that we could tell the story I wanted to be able to tell. After all, what good is it to stand on a soapbox and broadcast the same, tired message? In my view, if you’re going to invest in a bullhorn, you damn well better have something to say. 

For our part, we:

• Introduced the blog you’re reading now (now in our second year) to focus on exactly what our name says – Bottom Line Business Insights;
• Started an e-mail series offering insights into business philosophy, best practices, and legal issues that now reaches over 1,200 business owners per week;
• Introduced the non-billable hour Empty Hourglass® Program to make client communications effortless, without limit, and free of charge;
• Produced the Business Owner’s Pocket Guide and the new Commercial Real Estate Pocket Guide for clients and friends of the firm…free of charge;
• Developed our first-of-its-kind interactive business diagnostic, BizRX for download on PC, iTunes, Blackberry and Android; and,
• Beginning last week, began sending weekly interactive mind map pdfs to each of our clients offering status updates and highlighting priority issues…at no charge.

While there are more changes to come, we have traveled a long road in the past 3 years to get beyond hope as our primary growth strategy. We have a plan, target numbers to hit, and initiatives we can point to as a basis for projecting growth. 

Over the next few weeks, in our e-mail series, I will be delving into key business building insights from some of the best business growth consultants in the region and in the country.  I will also be discussing this in more depth in our free upcoming webinar. If you have not yet signed up for one (or both), now’s the time. 

I’m hoping that blog posts like this one and our newest e-mail series may inspire you to do more than just jot down projections. I’m hoping that they inspire you to commit on paper to a way of attaining them. And of course, if I can be of any help, please contact me. That’s what I’m here for.

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Yesterday at 5:00, I found myself sitting in our conference room across from a very interesting gentleman. He was in his upper fifties, maybe 60, and carried himself as a professional. He explained that he had been in business for upwards of 40 years – that he had made some big mistakes, learned from them, moved on, and built a fairly successful business. 

He told me that the business that he had started had run its course and he wanted to start a new one, having learned from the mistakes of the old. In order to start the company, he decided to bring in 3 additional people. These people were friends of his, experienced in his industry, and possessed of the skill sets necessary to make the new venture run. My visitor had decided to divide 40% of the stock among them, retaining 60% for himself – enough, he felt, to keep control of the company.

He was convinced that giving out shares of the company was the only way to keep the group motivated, absent money to pay each person’s going rate. My visitor was wrong.

Recently, I wrote a piece in our e-mail series discussing the mistake of offering partnership at the outset of a business relationship. And whether the discussion concerns true partnership or co-ownership of a corporation or LLC, the fact of the matter is that co-ownership is a business marriage. And make no mistake, just like the real thing, a business divorce can be expensive and emotionally draining. 

For his part, my prospective client was asking his friends to invest their time and skill in a new business for little or no compensation. What he wanted was a way to show his friends that they would reap the benefits of their investment.   We explored a number of possible solutions, but what we decided upon was offering stock options.

People, you see, are unpredictable. Some may be highly skilled and great friends, but start working together and it’s a trainwreck. Different business philosophies, work ethic, or personalities can destroy a team that could not possibly look better on paper.   Stock options and a vesting schedule are two ways to put together an arrangement now which takes effect later. 

In this case, we could commit to an option to purchase stock in the company beginning in 3 years, discounted for each year the person had been with the company. Moreover, as incentives, other discounts to the purchase price could also apply, provided we took care not to trigger any unwanted tax consequences.

In other words, my prospective client could date before he got married. And in my experience, that’s a pretty good plan.

Questions? Comments? Concerns? Raise it for discussion on Facebook, Twitter, or LinkedIn.

For more information on our free e-mail series, click here.

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“There is a difference,” I was taught, “between ten years of experience and one year of experience repeated ten times.”   I thought about this the other day as I contemplated the calendar change to 2011 and the fact that next year will mark my 25th year in practice. 

Everyday it seems like I see too many examples of companies celebrating survival, rather than progress. We regularly receive letters adorned with “our 10^th anniversary” ribbon stickers and see businesses using the phrase “since 1956” or some such instead of an actual message.   When I was a young attorney (maybe for ego’s sake I should say “younger” attorney), I was hoping to be made partner when the management committee told me instead “we’ve decided that you have to wait 3 more years before we extend an offer of partnership.” 

Now, granted I was young – younger than any of the partners by a long shot – but I had just as many clients and generated more revenue than most.   “Why,” I asked, “does it matter how many more sunrises I see between now and an offer of partnership?” I urged them to give me something different such as a revenue, performance, or even billable hour target to hit. But no, to them it was time. To me, this made no sense.

One of the real values of seeing another sunrise is the ability to leave behind the mistakes and absurdities that had, no doubt, been a part of your yesterday. But equally as important, with the sunrise comes the opportunity to build on yesterday’s lessons. Sometimes that’s painful in business.

Print out your customer list. Not a list of your most active or largest. Print out a list of all of them. Don’t just read the names, ponder them. As to each, are they enthusiastic about your work or did you make a cringe inducing mistake? Were you late? Were you, perhaps, a bit less responsive than you should have been? Are they loyal to you or are they casting a wandering eye across the business landscape wondering if they can do better? 

I have yet to find a business owner who, in his heart of hearts, can honestly say that he did right by 100% of his customers 100% of the time. 

So here are the questions: What are you going to do about the failures? Are you committed to learning? Have you created a company culture open to improvement? Can you begin a lasting and productive dialogue about your failures? Have you ever conducted a bloodless autopsy – one with a mission of education rather than the identification of a scapegoat?

In other words, in 2011, what will you have learned by the sunrise?

Questions? Comments? Concerns? Raise it for discussion on Facebook, Twitter, or LinkedIn.

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Guest Blogger: Adam Schechtman, VP of Business Development & Marketing, Eye Catching Creative

To brand or not to brand? That is the question so many small and mid-sized businesses tend to overlook in the early phases of their development. The problem is there’s a tendency to keep shuffling this linchpin of marketing success to the dark corners of the priority list. Then one day, we read an article or hear someone talking about a competitor and cringe in uneasiness because they did something we didn’t…built a solid brand.

Like marketing in general, branding is easy to lose focus on, especially when we have experienced some degree of success. If you agree that today’s markets have changed and the way businesses DO business has changed, then it’s time to recalibrate some of your own marketing efforts. That means its back to basics! Like the “butterfly effect,” small improvements in your branding strategy can have a tremendous impact on growth over time.

We know from marketing 101 that your brand is your identity. Beyond the visual or physical makeup… name, logo, advertising, a brand is quite simply the psychological impact you have on customers. Branding is so important because people buy emotionally and then logic steps in to support their buying decision. Your brand is essentially a part of the ongoing relationship you have with customers. It is a compilation of messages that differentiate (or don’t differentiate) your business, product or service from everyone else who plays in the same space as you do. Take a second look at the competition of today. If someone stands out, why do they stand out? Who doesn’t stand out? Which category does your company fall into and who might be able to help you to improve on that position?

From your email address to your website, to how the phone is answered to the relevance of your marketing materials, your brand must be professional, consistent and CURRENT.  What the company stands for and what you’re offering should be different and clear. When is the last time you really dissected how you are perceived in the market and what your market position truly is? One easy way is to run a survey using existing customers or even some customers that you lost. Resources like SurveyMonkey.com are fantastic, free, e-survey questionnaire tools that are easy to use and easy on the budget.  So let me ask you… what perception do your customers have of your business? What does your presence in the market “feel” like to customers and professional peers (aka competitors) and more importantly… are you being felt?

Adam Schechtman is an entrepreneur and co-owner of Eye Catching Creative, providing virtual, on-call design, advertising and marketing solutions to budget-conscious small and mid-sized businesses. With more than 15 years in marketing, business development and sales, he is also the former owner of Achieve Senior Home Care and former co-owner/franchiser of Advance Realty Solutions. Adam holds an MBA in marketing from Johns Hopkins University. Visit www.eyecatchingcreative.com for more information.

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“I got a phone call this morning from one of our oldest customers. He fired us. After 20 years, he fired us. Said he doesn’t know us anymore. I think I know why.” 

The speaker recounted his phone conversation to his account reps, saying “we used to do business with a handshake, face-to-face. Now it’s a phone call, a fax, ‘get back to you later,’ with another fax, probably.” 

This United Airlines commercial was originally aired before e-mail and the advent of social media. First aired twenty years ago, in 1990, it still resonates. So many businesses are started by an entrepreneur, skilled in the producing the product or service that spawned the company. Customers came because of the skill and stayed because of the attention. As the owner of a small business, the founder could track every project and knew every client. When someone was upset; he knew it.

Growth has a way of making that kind of personal attention obsolete. Time passes and a founder looks around to realize that whole projects are being performed for customers he never met.   And what about the ones he knew – the ones who built his business or who inspired him to go into business in the first place? Chances are, they’ve been delegated. Delegated to talented people, to be sure, but delegated just the same. 

Sooner or later, the thought has to occur to these customers – your old friends -- that if they mean little enough to your company that they can be delegated, your company means little enough to them that they can go elsewhere.  

Looking ahead to 2011, most business owners set targets for growth -- more revenue, more customers, bigger projects, better distribution. But how many set goals reflecting stronger relationships, customer retention, and expressions of gratitude? 

Many years ago, I read a book in which the author urged business owners to “pay attention to the ‘fine’s.’” He meant that people rarely voice their complaints. When asked about service or the particular product they purchased, even when dissatisfied, they’d normally respond that things were “fine.” Not every customer can be counted on for enthusiasm. After all, there isn’t an infinite amount of enthusiasm to go around. But the silence and the “fine’s” speak volumes to those with a keen enough ear and enough focus to notice. 

So what are you doing to focus on client retention, rather than just growth? Studies indicate that a new client is 7 times more expensive in terms of marketing and advertising dollars than existing clients. The point is that it is much cheaper and more efficient to keep the clients you have than spend every ounce of energy trying to bring new prospects in the door. 

If you do not already track trends in returning business, 2011 is an ideal time to start. After all, nothing speaks to customer satisfaction more than repeat business. Even more than tracking it, look for the things that increase the pace of returning business over time. 

Perhaps, like those executives in the United Airlines commercial, you can forgo e-mail, faxes and phone calls, and, just once in a while, put in the time to travel even great distances for a handshake.

Questions? Comments? Concerns? Raise it for discussion on Facebook, Twitter, or LinkedIn.

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My wife is a product of Oregon.   So is her favorite beer, Bridgeport Coho Pacific Extra Pale Ale. Years ago, when she first made the move to join me in Maryland, I tried to surprise her with a case of Oregon’s finest. Unfortunately, the brewery did not ship product farther east than Colorado. It was not willing to make an exception in my case. 

Maryland law required that I first obtain a distributor’s license to facilitate the transaction. I did not qualify for one. I tried to get a few of our retail stores interested in serving as my proxy, but no one would bite. And as much as I revere Baltimore’s Natty Boh roots and tradition, the two products were hardly interchangeable. 

My memory of this failed gift came flooding back to me yesterday when I read Scott Calvert’s article in the Baltimore Sun reporting on the possible loosening of Maryland’s prohibition against direct shipment of alcoholic beverages. The Sun cited Maryland’s wine industry lobbyists as basing their opposition to direct-shipping on two arguments: (1) that direct shipment to consumers would make it easier for minors to obtain wine; and (2) aggressive out-of-state competition would imperil Maryland’s own wine retailing industry. 

We’ll leave the first argument by the wayside, saying only that on its face it makes no sense, given that how alcohol gets into the dining room liquor cabinet is much less significant an issue than the parentally-imposed controls over how it gets out.

It’s the second argument that attracted my attention.  According to the Sun, the Maryland wine industry lobby favors the existing statutory environment because it limits competition.   Now, I completely understand why an industry lobbying group would want to insulate its members from competition. In fact, I’m certain that there are very few businesses in the country that wouldn’t benefit from a little statutorily-imposed exclusivity.  

But that’s hardly the point.

The point is that a business in our economic system should be constructed to beat the competition, rather than rely on the law to do it for them. If a company is not able to articulate to its prospective customers at least one (and ideally three) clear benefits to doing business with it as opposed to its competition, then it deserves to lose those potential customers. Price, service, selection, trust, relationships, knowledgeable sales staff, value-added services, an expanded product line…something. These are the elements of successful competition – regardless of industry.

Friend of the firm, Mitch Pressman of Chesapeake Wine Company was exactly on point when he was quoted in the Sun article as saying that he welcomed the competition. He welcomed anything that would bring about an increased interest in his product. And it is precisely his confidence in his business, staff, selection, knowledge, etc., rather than a reliance on antiquated statutory protections, that positions him to overcome the competition. 

And that’s the way it should be.

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Recently I was asked some pointed questions about my inspiration and motivation for writing The Business Owner’s Pocket Guide and I thought I’d share those thoughts here:

What was the motivation behind writing The Business Owner’s Pocket Guide?

The purpose of The Business Owner’s Pocket Guide was to help owners of small to medium sized businesses build stronger companies. As a small business owner myself, I know that these companies are the lifeblood of our economy…and I wanted to help make them better. Through The Business Owner’s Pocket Guide, I wanted to provide business owners with answers before it was too late by focusing on areas of critical importance throughout the life of their companies. I wrote the Guide to address bottom line concerns – even legal issues – in an easily relatable way in the hope that it may not only help business owners avoid unnecessary risks, but also travel well down their chosen path.

How was the content selected for The Business Owner’s Pocket Guide and what makes this guide different?

Having counseled businesses of nearly every size and description for over 20 years, I've gained an understanding of what’s important to business owners. Many of the major concerns cut across industry lines:

• What do I need in my contracts to ensure that I’m going to get paid?
• Should I ask my salespeople to sign a non-compete agreement?
• What should I do if I want to bring on a new investor?
• What happens if the owners of the company can’t agree on critical issues, and how can we prevent the problem before it arises?
• How do I position my company for sale when I’m ready to retire?

I drafted the Guide based on the questions and concerns I saw over and over again. Then I sent the rough copy out to a group of business owners to get their feedback. I think that’s what makes it different – it’s not a textbook and it’s not written to sound “like a lawyer.” It addresses real world issues in an easily accessible way…and it’s free!

Who can and will use The Business Owner’s Pocket Guide? 

In the few days since it has been out, it’s been downloaded by business owners in industries ranging from landscaping to catering, professional service firms, and even some folks in local government. Basically, I see the Guide as a valuable tool for business owners and managers, regardless of industry, and whether the business has 5 people or 500. 

I wrote it to address issues across the board…and it seems from the enthusiastic early reception as though it is doing just that.

Visit www.wagonheim.com to download The Business Owner’s Pocket Guide and come back here to leave your thoughts and comments.

The Business Owner’s Pocket Guide is the third in a series including The Contractor’s Pocket Guide and The Banker’s Pocket Guide, which were released over the past several years by Wagonheim & Associates.

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We all know the resolution drill. The new year marks the welcome of new beginnings and a commitment to resolutions focused toward adopting healthier lifestyles. Come the new year, gyms and fitness clubs across the country will be filled with people sweating off the holiday pounds.  Yet, by spring many of those same people are on the way to the office without a workout in sight. With one bite of a calorie-filled blueberry muffin, the resolution once made with dedication is no longer a priority.

Marketing your business can easily be compared to this all-too-common scenario. As soon as a new product is rolled out or new service offered, a business quickly plans a strategy to get the word out to consumers to increase sales and visibility to target audiences. Spending merely a few weeks working to get your business or product noticed, building your brand, and expanding your network will most likely not offer you the same results as making a constant, consistent effort.  

Think about the results you get from exercising. A few weeks of dedication at the gym may result in a pair of pants one size smaller, but months later they aren’t going to fit if you haven’t maintained a consistent workout regimen.   The same can be said for your business. You may feel good when business is busy and profits are up, but you must put yourself and your business at the forefront and keep marketing to consumers to stay visible.  It takes commitment.  It takes a plan.
 

An easy way to commit to marketing your business year-round is by creating a marketing plan. If this is your businesses’ first attempt, consider consulting a professional or start small by creating a short-term marketing plan with smaller, attainable goals that can be reached in shorter time.  Near the end of the short-term marketing plan, evaluate your goals and consider expanding to a long-term marketing plan with annual goals.
 

As daunting and time-consuming as a marketing plan may seem, the following are a few simple activities that can be done every week to help increase your brand awareness in the community: 

• Attend industry networking events
• Volunteer to lecture or speak at appropriate professional associations or community organization meetings
• Write editorial pieces based on recent news affecting your industry for your local newspaper
• Sponsor local events or charities

While a plethora of practices can be considered for use, the invariable ingredient to a successful marketing formula is consistency and rhythm.  Allotting the time for habitual marketing will help to steadily build a company’s brand visibility. Additionally, the regularity in practices will help to avoid making resolutions to get a business back in shape. Let’s face it…resolutions are tricky to keep, especially if they involve going to a gym, but if it’s better marketing you want, take the time and make the commitment to a solid marketing plan and adopt a proactive mentality. It could be as simple as turning on your computer once a week and researching opportunities online, blueberry muffin in hand.

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