What should your priority be in a Divorce?

Monday, October 31, 2011

To Collaborative Professionals - A "Free" Marketing Idea





So.

I'm sitting here in the Delta Sky Lounge at San Francisco airport, reading a book purchased yesterday at the IACP forum written by our Saturday speaker, Dan Ariely, "Predictably Irrational".

The premise of the book is that all of us, as consumers, make purchase decisions and life choices which are not based upon our own best interests - as much as we like to think otherwise.

We will drive across town to save $5.00 on a $20.00 pen, but we will not do the same to save $5.00 on a $500.00 suit.

And when offered something for "Free", we are inclined to make choices with even less regard for our actual interests.

So then.

What to do with that?

We know, those of us who practice in this area, that Collaborative Process is inherently better for our clients, by and large, than the traditional litigation-based approach to conflict resolution.

And yet, the process still represents a relatively small portion of overall numbers of people going through divorce.

To this point we have relied upon rational explanations of the inherent decency of the process to encourage clients to choose it, based upon the assumption that our clients make entirely rational decisions regarding their own best interests.

Ariely, however, makes it very clear that in fact they do not - particularly so, perhaps, in the case of divorce.

So what then?

Well. Ariely has explained that even when we are faced with a more advantageous proposal, all things considered - when compared to the "free" option, people will flock to the "free". He explains it, in part, to risk aversion. Even if the option is bad, at least you didn't pay for it.

What, then, if we offered a better option for free?

Suppose we offered a free consultation to those going through divorce regarding be Collaborative process?

I'm not suggesting we, as lawyers, charge less for our service in the process - as the choice ultimately shouldn't be a WallMart sort of decision.

But, if Ariely is correct, one might assume people will come talk to us.

To paraphrase James Earl Jones, "People will come.. Oh, they most certainly will come."

So.

Think about it.

On your own, or perhaps in conjunction with your practice group, try it out. Put a couple ads or notices out there that you will offer a free consult to explain the Collaborative Process.

And then let me know how it worked.

And maybe next year, in Chicago, we can explain how we put our Saturday lunch speaker to work, to a hopefully positive result.

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