As a rule, gorillas and apes typically take a peaceful approach to life, but as the trailers for the Aug. 5 “Rise of the Planet of the Apes” have demonstrated, certain events can trigger the beast, exposing the aggressive nature of the animal.

Business executives need to be prepared to deal with the occasional 900-pound gorilla, the client who likes to puff out their chest and threaten a lawsuit or other form of legal action. These hairy confrontations can be unsettling and I often hear from my clients after the distressing encounter. However, with a little legal planning and business preparation, any executive can diffuse the situation.

As the buzz for this version of the Charleton Heston classic peaks our interests, here are some things that every business owner should be pondering and discussing with their legal team:

1) How can my contracts protect me in a dispute? Your attorney will help to strengthen the language of any contract and find loopholes that could cause legal issues. Many business owners are tempted to use contracts available from online web sites. While these websites are a great resource, an attorney needs to finalize any document and ensure compliance with the specific state statutes. This is the first line of defense to keeping disputes at bay.

2) How am I documenting disputes with clients? Every business should have procedures in place for dealing with customer disputes. I have often told clients to establish a customer service policy that allows employees to quickly resolve these conflicts. Most importantly, employees should document all encounters with clients to protect themselves as well as the company. If possible, have a supervisor or colleague sign off as a witness to any encounters with upset clients. Proper documentation of client interactions can be the difference between having a long, drawn out legal battle and resolving the dispute in a timely manner.

3) When should my attorney contact clients? When clients continue to bare their teeth and not listen to reason, it is probably time to bring in the legal team. By having a customer service policy and established procedures in place, a business owner can determine when to have their lawyer contact the upset customers. In many cases, an attorney will have a standard letter prepared which addresses the legal aspects of an agreement and outlines the steps necessary to settle the dispute.

Having a client friendly customer service policy in place will easily resolve most issues with the 900-pound gorillas. Additionally, legal planning and an understanding of how your attorney can play a role in disputes will help calm down the more aggressive apes. For those clients that continue to beat their chest and bare their teeth, the problem may not lie with your company. Business owners should run a cost/benefit analysis for the time and resource investment into that customer. They should then weigh the options and consider the possibility that it may just be time to let that client go.

Jim Montgomery is the president of Montgomery and Associates, a San Antonio-based law firm.

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Three Primary Social Media Goals

When we look at online marketing, there are three broad categories into which nearly all social media related goals can fall. They are usually either aimed at:

1. Building/Strengthening the Brand
2. Driving Conversions
3. Increasing/Monitoring the Presence

Starting at this broad level and thinking about the goals you have for your business can help you begin to write up a list of realistic ways in which social media might help you reach those goals.

Let's take a closer look at these three areas and how they might apply to your social media efforts.

Goal #1: Build the Brand

When it comes to building and reinforcing your brand, social media is one of the most powerfulmarketing tools available. It gives you the strongest and broadest opportunity to both find your target audience and to engage in conversation with them. 

These days, you have no choice but to differentiate yourself from your competitors unless you have an exclusive product. Otherwise, you're forced into the unwinnable battle of competing for the lowest prices and the fastest shipping.

Think about the things that make your company different from your competitors; your Unique Value Propostion. This is the thing you want to use social media to built awareness of. 

If you're a service professional, target a specific niche and build a blogging and Twitter strategy around that. Demonstrate your expertise in working with a certain type of client and then seek out those types of clients to have conversation with. Look for new ways to connect with them and encourage your current clients to socially share your articles with their networks. 

Goal #2: Drive Conversions

One of smartest reasons to use social media is for the potential boost it can have to your conversion efforts. Whether you're looking to drive sales, increase leads or simply drive people to action, conversions are an easily trackable goal in the realm of social media.

Sit down and write out a list of all the potential actions someone might take while engaging with your company's web site or while interacting online.

Obvious options like buying your products or becoming a lead spring to mind, but don't forget about other valuable actions like subscribing to your newsletter, retweeting a blog post or downloading a white paper. 

Read over your list and think about the different ways you might be able to use social media to increase conversions for each item. Often times, this is the best way to start planning your social media efforts. 

Goal #3: Increase Presence 

Finally, we come to the goal most often associated with social media outreach efforts; increasing the conversation about your brand. After all, social media is all about the conversation. It's about theonly space in the world where consumers talk to each other and to companies in an environment that can be tracked, sorted and followed-up with. This makes social media a prime outlet for PR driven companies who want to know what customers are saying about them. 

Setting up even a baseline of social media monitoring can go a long way toward helping you follow these conversations. Whether you're launching new product and aiming to get people buzzing about it or trying to reach out to a new target audience to share information about one of your best selling services, it's all trackable.

When it comes to the conversation people might be having about you online, ask yourself a few questions. 

• Who do you want to hear talking?
• What do you want them to be saying?
• Who do you want them to say it to? 

These are your starting points for setting up key goals within the realm of increasing your presence.

You've Set the Stage, Now Start Building a Plan

Looking at your business with each of the above goals in mind helps you set the stage for your social media efforts. This post isn't aimed at telling you what to do, I'm simply trying to get you to figure out why you want (and need) to do it. 

If you're small business looking to take your social media efforts up a notch (or maybe even just get started,) take the time to define at least two goals from the categories above. Once you've identified your desired outcome, you'll be a lot more ready to start mapping out the path to get there.

Mind Mapping for Small Business

 

May 26, 2010 -

I am a mindmapping freak. I use the process of mindmapping for many of my projects, especially in the planning phases, but all the way up to keeping status on many projects at once. Have you tried it? Here are some thoughts:

Mindmapping is Drawing Out Your Ideas

Just to quickly level-set what we're talking about. Mind maps are those drawings (like the one in this article) that let you start at a main idea, branch out into sub-ideas or sub-topics, and then branch out even smaller. The basic idea is that by drawing (on paper or on the computer) your thoughts, you'll uncover things you weren't considering before. The act of mapping out your thoughts gives you a whole different visualization and taps a whole different part of your mind than when you use something like project management software, a spreadsheet, or a word document.

Mind Maps Help You See The Big Picture

In planning by mindmapping, you can see which categories of your process are considered major and which are minor. For instance, in the launch of my upcoming new business, I was having trouble defining what it was my company did in a succinct way. After a few tries drawing (and you can use software or paper, don't forget), I found that my best description was that I'm building a media and education company. This wasn't clear until I tried organizing my thoughts into the various branches of a mind map.

You Shake Out Little Details

In a much more detailed mindmap I drew the other day, I realized that I needed a whole new discipline added to my set of potential vendors, because a new business idea I was launching required some "real world" elements (most of my companies are online). It's moments like that, when in drawing out the little lists in the little branches, that I come to realize there are details missing. If you were mindmapping out a band, and you forgot the drummer, it'd be quite obvious quite fast. It might not be as obvious if you were using a spreadsheet, for instance.

Maps Let You Re-Think Decisions

When I map out my projects, I then realize how many steps and details it will take to accomplish some tasks. Sometimes, this gives me enough of a heads up that I can look for help, scale back the deliverable, or push out the deadline. If I hadn't mapped it out, I might not have really thought through the depth of the project. You can do the same.

You Can Talk Through Maps Faster

I had a meeting with my executive team in my new business, and Diane brought her own mindmap to the meeting. At first, she'd written down all her thoughts in a Word document. That ended up going 17 pages long. She read from the map, with the other document ready, should she find herself unable to articulate a point. Guess how it went? We used the map the whole time. We got through hours of information in under one hour, which let us focus on decisions instead of exposition. Sometimes, having a visual map is a much easier way to "see" all the information you need to make a good decision.

So What Now?

I sure don't want to pick which software you choose to use, but I'll tell you my experience. The high end of mindmapping software that I've used was by MindJet, and I believe it's compatible with both PC and Mac. On my Mac right now, I use MindNode. There's a huge list of mind mapping software on Wikipedia, too. You might even consider an online version, so you can access it from many machines, though I prefer offline, so I can use it while on an airplane.

What should you map out? Try solving a decision with it: should I stand pat, or should I expand? Something like that. You can't really tell how it works without trying it. And, if you find that it works well for you, it'd be great to hear about it in the comments.

Chris Brogan is the New York Times bestselling author of the NEW book, Social Media 101. He is president of New Marketing Labs, LLC, and blogs at chrisbrogan.com.  

Tags: chris brogan, mind mapping, mind mapping software, mindjet, mindnode, new marketing labs

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Adam Singer, Paul Isakson, Brad Smith @ IMS Minneapolis

Social Media  advice is cheap and for the most part, you get what you pay for.  Best practices social media marketing based on experience, well, that’s another thing entirely.

The Social Media Best Practices session at IMS Minneapolis earlier this week gave attendees access to first hand insights from the likes of: Brad Smith from Best Buy, Adam Singer from TopRank Online Marketing, Paul Isakson from Thinkers & Makers (formerly of Space150) and Bryan Person, founder of Social Media Breakfast.

Brad Smith, Director, Interactive Marketing & Emerging Media from Best Buy opened things up talking about a “new marketing reality”. Customers are out there, but they’re bombarded with messages. Customers are not listening to us (marketers & advertisers) anymore. Social media is all about communicating.  Customers are listening to each other instead and tuning out marketing messages.

Each company’s journey in social media is different. If your social media consultant starts the meeting with suggestions about starting a Twitter account, leave the room. Treat social media like any other major undertaking with planning, understanding the marketplace, goals and objectives.

Tenents that support Best Buy Social Media Marketing:

• Deliver
• Blow you away
• Never leave you hanging
• Make a difference
• Make sure you know all we know

Brad makes the distinction of social media tools and the behaviors we seek to engage and influence. “I don’t use facebook, I participate. It’s a two way thing.  You’re not half way into social media. When you’re in you’re in.”

Best Buy’s Social Media Marketing Mission:

To connect customers and employees with the Best Buy brand and each other through the right tools platforms and collaboration delivered when, where and how they want.

The focus is on the customer, not the company. “It’s not about what Best Buy wants customers to do, it’s about giving people the tools to connect with each other and employees whenever and however they want.”

Best Buy Social Media Guidelines:

• (Essentially don’t be stupid)
• Listen
• Be findable, think distributed
• It’s about people
• Enable creation
• Make it social
• Listen some more
• Be authentic
• Be transparent
• Keep it simple
• Make a commitment

Best Buy and Twitter – @Twelpforce
The thing that makes it work is that they didn’t start with a “Twitter strategy”. It was born of a customer need. Best Buy simply leveraged an asset they knew they had with a customer need. Customers needed advice and there are 150,000 Best Buy employees world wide that are already being helpful. Twitter proved to be an effective platform for that. 2,500 employees are signed up to work as part of @Twelpforce.

Best Buy is also active with Community Forum, Best Buy IdeaX, a Facebook Fan page and other channels.

When Best Buy started their social journey with Facebook, Brad says they were overzealous and promoted commercial messages to the community. The community responded, “not to do that”. Customers want access to the brand, advice, tips exclusive access that others don’t get.

Best Buy Learnings From Their Social Media Experience:

• Listen first, talk second
• Its OK to fail
• The same social mores apply online as offline
• Customers don’t care about channels
• We have to be ready ro respond
• Customers will tell us and everyone else where our organization is broken. And expect a fix
• People are forgiving

Overall Best Buy is treating their social media experience as a journey and have learned the importance of listening instead of pushing.  It’s an impressive example, not only of a very large brand finding value in a humble and transparent, customer focused social media effort, but one of true Minnesota ingenuity when it comes to new technology and marketplace innovation.

I did miss some of the bulleted items above because the presentation went by very quickly. If access to the PowerPoint presentations is made available, I’ll link to it from this post.

I’ll be adding observations on the presentations from Adam Singer and Paul Isakson separately.

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James Montgomery is a business lawyer in San Antonio, Tx.  He offers services and solutions that go way beyond what many think a lawyer does.  An example is his Exit Strategy Planning, with performance support.

 

Many, if not most, businesses are organized in a way that increases their lawsuit exposure despite using corporations and partnerships to give limited liability.

Business planning is a cross between legal and non-legal disciplines in working with businesses to reduce liability, insure for liability exposure, minimize tax liability, and yet posture a company to maximize profit potential and growth. After literally taking apart transactions at the courthouse by analyzing the weak points or strategies, I was approached more and more often to participate in the initial or later structuring of the business.

There are a number of areas that must be reviewed regularly: what form was used for the business, what is the relationship between the owners, what is the potential exit strategy, and where are the assets and liabilities located in the overall business structure, among other things.

Business can be sole proprietorships, corporations or limited liability companies, or partnerships that can be general or limited. Structuring is a very complicated area and I have a white paper that compares the various forms which can be obtained by emailing me.

For what we are talking about, though, you can think of the sole proprietorship as being an individual doing business with the maximum liability which is almost exactly the same maximum liability as a general partnership. You are as exposed as you can get if you are using those. I would not recommend sticking your neck out like that.

The classic way lawyers limit liability for their clients is to pick a form of structure that the law makes limited exposure. The stockholders of a corporation are not personally liable for corporation debts and acts normally. The members of a limited liability corporation have similar limited liability. The limited partners are not liable normally for limited partnership debts and liabilities but the general partner is fully liable. Thus, the general partner is usually a shell corporation or what I call “an empty basket”. If sued, there are no eggs in the basket for the foxy trial lawyer to get.

The classic mistake made in planning by many businessmen, and many lawyers, is not planning for the financial structure of the business. Where are the assets and liabilities in the overall structure of the business?

Let me give you an example that should just scare the devil out of some owners. It is a real example but the names and facts have been changed just a bit to protect confidences.

One morning, an hourly truck driver hooks up his tractor trailer rig and drives out of the truck yard. In the course of driving on the highway, he or she will pass you and me in our cars on the way to work. The truck will also pass school buses, vans, and regular buses in the course of the day. While truck drivers are trained professionals, they are also hourly employees and like all of us, they can have momentary distractions. They are also operating machinery that just flat cannot stop on a dime–so even if they are doing everything perfect, someone else’s actions can put the truck in a precarious position.

On this particular morning, while going 60 miles an hour, which was actually below the speed limit, a car swerves in and out of traffic from behind the truck. When the swerving car reaches the truck, he cuts in front of the truck which slams on its breaks. The swerving car keeps on merrily down the road, but the truck is caught in its own circumstances. The driver fights the vehicle but loses control. The van swerves into a bus, which leaves the roadway. In the crash that follows, four other cars are involved including a small compact, which is carrying the owner of a business to work. To keep the story short, there are two deaths, including the business owner, and two people who are critically injured.

Fast forward two years later. The trucking company has been sued along with the driver. The driver, of course, has no assets of his own. The trucking company, while technically not “at fault” is not likely to fare well if the case is tried at the courthouse. The trial lawyer representing the business owner is demanding over a million dollars alone just for the death of the business owner and there are other people who have large claims.

The trucking company is owned by a responsible family that had purchased not only the minimum insurance required by law but also increased limits. Nevertheless, the severity of this accident is resulting in damages that will exceed the limits of their insurance policy.

Let’s talk about what that means for a second.

If the total damages are $4,000,000 as claimed and the insurance policy allows $2,000,000 in total coverage for the accident, then there is potentially $2,000,000 for which the trucking company owners do not have insurance.

Well, the owners themselves do not have to worry because they have limited liability. They normally cannot be held personally liable for more money. Their investment in the company is totally at risk but not their other assets. The company itself, though, is fully liable for the whole $2,000,000 that is uninsured.

To make matters worse, the insurance company provides the defense to the lawsuit. In this situation, the insurance company does its duty but decides that it is best to pay or tender the policy limits of $2,000,000 into the registry of the court. The issue then is not whether it is owed but which plaintiff gets how much.

But that action can be devastating for the trucking company because when the money is tendered, the duty to defend is over. The trucking company then has to hire its own lawyer to defend against the amount that is uninsured. Furthermore, the trucking company may end up having to write a check for the damages over the $2,000,000 already “paid” by the insurance company. Not a good situation for the trucking company or its stockholder owners.

So the trucking company owner turns to his corporate lawyer and says, I thought we had limited liability? The lawyer replies you do but the company is fully liable for the acts of the truck and the driver. Pressing further, the owner says but we can’t write a check for that, we’ll be out of business. The lawyer just shrugs.

What went wrong? The company has a full basket. Its eggs are all in one basket. The company is not a shell. It owns real estate. It has cash in the bank. It owns other businesses. The operating company had all the eggs. Your operating company should never own anything. Bad planning.

A structure like that is probably also structured to maximize its tax liability. It is the hardest structure to be able to lower tax brackets because there is only one level. Further, getting profits out of the company to the shareholders can be difficult. Perhaps just as critical, a lender would not offer the largest available loans or the best rates because of exactly what we described above, maximum liability.

We advocate regular, consistent consulting where we review tax returns, financial statements, insurance policies, and the other various aspects of your business. Your lawyer is part of your Mastermind Group for your business and must be involved at the beginning of any transaction before you might do something that cannot be undone. We have been able to help our clients by improving their business performance sometimes in areas that have nothing to do with legal issues but that we saw because of our legal training.

Jim's Site......

http://jamesmontgomerylaw.com/

Super lawyer......

http://www.superlawyers.com/texas/lawyer/James-E-Montgomery-Jr/00388fd6-2d6d-...

Jim's book, The Ultimate Guide To Selling A Business” in now available on Amazon.com