What do cargo planes, Star Wars, and disability law have in common? In this episode, Marc and Diana dive deep into the power of storytelling and why every lawyer needs to master it—both in the courtroom and in their marketing. Whether you’re persuading a jury or speaking to potential clients, turning your cases into compelling narratives makes all the difference. They discuss insights from Donald Miller’s Building a StoryBrand and break down the SB7 framework with a fictional—but all too familiar—character named Mike the Mechanic.

Marc also shares how he uses Mike’s story to communicate what his firm does in a way that sticks. Listen in for tips on making your client the hero, establishing your firm as the guide, and creating clarity in your message that leads to action.

For more detailed show notes, navigate using the timestamps below:

[0:00] Introduction 

[0:51] Marc shares takeaways from a recent summit while Diana reflects on her trip to the Dominican Republic. Together, they introduce Building a StoryBrand and compare courtroom storytelling with marketing strategy.

[5:29] Marc and Diana explain that many lawyers market themselves instead of focusing on the client. Marc uses a Star Wars analogy to break down the SB7 framework and highlight the importance of having a hero, guide, villain, and call to action.

[12:25] Marc introduces Mike the Mechanic to illustrate the storytelling process. The hero of the story is always the client.

[15:12] Marc outlines how to establish a strong problem and villain, using the insurance company as Mike’s obstacle. Diana walks through four qualities that make a villain compelling.

[21:10] Marc explains that the lawyer plays the role of the guide, offering both empathy and authority. At the firm, this includes showing clients how they hold insurance companies accountable.

[25:48] Diana covers the next step in the framework: the plan. Marc Whitehead and Associates gives every client a handbook and includes a 30-day opt-out, helping reduce commitment anxiety.

[30:48] Marc shares how his team prompts clients to act after a denial letter, encouraging them to respond before their appeal window closes.

[33:25] Diana explains that people often act to avoid failure more than to gain success. In Mike’s case, failure means no income or peace of mind.

[39:23] Marc retells Mike’s story from start to finish, showing how it helped educate a room full of lawyers. Framing real issues through narrative proved far more effective than delivering technical explanations.

Visit the Successful Barrister website: https://www.successfulbarrister.com/

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/

Donald Miller’s StoryBrand: https://amzn.to/3VF4tfd

Email Marc Whitehead: [email protected]

 When you're running a firm, having great ideas isn't the hard part—implementing them is. In this episode of The Successful Barrister, Marc Whitehead and Diana Berry introduce you to the Entrepreneurial Operating System (EOS), a proven framework that helps law firms gain traction. From the Vision Traction Organizer to Level 10 meetings and scorecards, they walk through the tools that brought clarity and accountability to their firm.

You'll learn how to identify the right tools for your team, where to get them for free, and why even small changes can create serious momentum. Whether you're solo or managing multiple departments, EOS offers structure without rigidity—and can eliminate wasted time, unclear expectations, and unnecessary meetings.

For detailed show notes, navigate using the time stamps below:

[0:00] Marc and Diana introduce the topic of EOS and share why they’ve implemented its structure and tools inside their own firm.

[2:18] They explain what EOS is, what it helps with, and where to find free versions of its tools online. EOS isn't a sponsor, just a system they’ve found useful.

[8:47] Marc shares his favorite tool, the Vision Traction Organizer (VTO), and how it creates a living five-year business plan that grows with your firm. Diana pushes back on how hard it is to perfect, while Marc stresses the importance of flexibility.

[20:04] Diana highlights the Level 10 Meeting and why its consistent agenda increases accountability and keeps meetings productive. The IDS section—Identify, Discuss, Solve—is where real progress is made.

[29:32] Marc explains the Accountability Chart and how it clarifies who is responsible for what in your firm. It replaces the org chart and helps prevent confusion about accountability.

[35:19] Diana dives into the Scorecard and how it tracks weekly data with red/green indicators to monitor trends and outcomes. Though it was tough to implement, it’s now an essential part of their firm’s management rhythm.

[45:14] The duo discusses two more tools they love: the People Analyzer, which evaluates team fit based on core values, and Delegate & Elevate, which helps leaders identify what tasks they should let go of.

[58:18] Final thoughts: Start with one EOS tool and build from there. Visit eosworldwide.com, get the book Traction, and take action one step at a time.

Resources Mentioned in This Episode

EOS Worldwide Website: https://www.eosworldwide.com

Free EOS Tools: https://www.eo

Labor shortages, retention problems, and rising costs—sound familiar? In this episode, Marc and Diana discuss how offshoring (and nearshoring) can solve staffing problems without compromising quality. You’ll hear firsthand experiences, best practices, vendor recommendations, and how Marc Whitehead & Associates integrates offshore staff into the firm culture. If you’ve been curious about how offshoring could work in a legal setting, this episode is packed with the insight and cautionary wisdom you need to get started.

For detailed show notes, navigate using the timestamps below:

[00:00] Introduction

[1:22] Marc and Diana ease into the episode with a casual catch-up and introduce the topic: offshoring as a scalable solution to labor shortage. 

[04:18] Marc explains how COVID impacted hiring. Diana and Marc share how they turned to offshoring as a solution and the kinds of tasks offshore workers initially helped with.

[07:33] Marc and Diana discuss how offshoring supports future scalability and how to hire strategically. They give insight into early struggles and lessons learned around screening, language requirements, and vetting partners.

[12:47] The conversation shifts to best practices in evaluating companies. Diana stresses the importance of clarity, especially as needs evolve. She outlines the benefits of internal screening processes, video assessments, and understanding international education standards.

[20:16] Offshore workers do get access to your systems, but with oversight. Marc compares the risk to hiring inexperienced domestic staff and talks about monitoring tools like Active Trac and Teramind. 

[26:25] A deeper look into how tools like DialPad and Teramind help monitor productivity. Marc emphasizes that monitoring and performance tracking are critical regardless of location.

[28:05] Diana and Marc dive into specific vendors they’ve worked with. They also emphasize matching vendor capabilities with job needs.

[45:00] Looking to the future, Marc shares thoughts on where outsourcing fits into firm growth and how it intersects with AI. He encourages starting with mundane, time-consuming tasks, and stresses the importance of trust and consistent integration.

[51:50] Onboarding, continuing education, and KPIs must apply equally to domestic and offshore staff. Marc notes the loyalty and long-term perspective of offshore hires.

[55:50] Cost breakdown: Offshore labor is typically half the cost of domestic staff, with added flexibility and scalability. 

Visit the Successful Barrister website: https://www.successfulbarrister.com/

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/

iFIVE: https://ifiveglobal.com/about/

Black Birch Group: https://blackbirchgroup.com/

OnlineJobs|PH: https://www.onlinejobs.ph/

Get Staffed Up: https://getstaffedup.com/

Email Marc Whitehead: [email protected]

When cash flow gets messy, even the most organized firm can spiral into chaos. In this episode of the Successful Barrister, Marc Whitehead and Diana Berry dive into the mechanics of law firm profitability, from phantom income to the RULES matrix. They talk candidly about the financial traps contingency firms fall into and how Marc Whitehead & Associates dug their way out. You’ll learn why more cases don't always equal more profits and how law firm owners can use financial data—not gut feelings—to lead better. If your cash flow depends on you, it’s not dependable.

This conversation is grounded in real experience and informed by tools like Atticus’s RULES matrix and Cash Flow and Profitability, by Mark Powers and Shawn McNalis. Whether you're solo or scaling, this episode challenges you to run your firm like a business and invest in systems that create freedom.

For detailed show notes, navigate using the time stamps below: 

0:51 Marc and Diana talk about the end-of-school-year chaos known as “Maycember,” sharing some behind-the-scenes from Marc’s family life.

2:34 Cash flow isn’t just numbers—it’s what lets you sleep at night. Marc breaks down how financial visibility helps owners avoid panic and make strategic decisions.

6:12 Phantom income hits law firms hard. Marc explains how repaying credit lines and fronting expenses can skew the reality of profitability and create tax burdens not reflected on a P&L.

12:12 The myth that more cases equals more profit is busted. Using the RULES matrix from Atticus, Marc explains that profitability is about quality, not quantity, and highlights key takeaways from Cash Flow and Profitability.

16:05 RULES stands for Rate, Utilization, Leverage, Expenses, and Speed—each a lever that impacts your firm’s cash flow. The discussion unpacks what each element means in real-world operations.

22:06 To improve their fee structure, Marc Whitehead & Associates tightened client criteria and monitored feedback from intake staff. Collections are just as important as pricing in the profitability equation.

29:11 Utilization is all about maximizing productivity. Marc shares how they assign tasks based on skill level, and even used overseas help for small but time-consuming jobs.

32:01 Leverage involves knowing your labor-to-revenue ratio and using tools like Foundation AI to automate repetitive processes like scanning mail. Technology and training go hand in hand.

35:58 Expenses can quietly eat away at profits. Marc and Diana describe how they used a zero-based budgeting approach to cut nearly $100,000 by reassessing every line item.

39:55 Speed—how long a case sits on your desk—directly impacts value. Marc reflects on how delaying settlements used to feel productive but ultimately cost the firm time and money.

43:10 From chaos to clarity requires a mindset shift. The episode wraps with a breakdown of the Cash Flow Quadrant from Rich Dad, Poor Dad, encouraging lawyers to evolve from self-employed to true business owners.

Atticus RULES Matrix: https://atticusadvantage.com/

Buy Cash Flow and Profitability: https://www.amazon.com/Cashflow-Profitability-School-Running-Successful/dp/0578756382

Buy Rich Dad, Poor Dad: https://amzn.to/4bMWosw

Foundation AI: https://www.foundationai.com/

Visit the Successful Barrister website: https://www.successfulbarrister.com/
Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/                       Email Marc Whitehead: [email protected]

Marketing on a budget? As Marc Whitehead sees it, most firms are looking for a way to compete with the 800-pound gorilla in their market. How do you outcompete someone with a million-dollar budget? You don’t—you outsmart them. Tune in for tips about smart marketing, the top three channels for marketing on a budget, and key tips from Allan Dib’s Lean Marketing. 

Marc and Diana start by defining lean marketing, and then they dive into the book Lean Marketing and their takeaways from it. They move into discussing lean marketing as it applies to firms and the lean marketing strategies used at Marc Whitehead & Associates. 

For detailed show notes, navigate using the time stamps below:

[0:00] Introduction

[1:52] Today’s episode will loosely cover Lean Marketing by Allan Dib. The book focuses on high-action, low-waste, and fast feedback marketing. 

[5:44] The first step to lean marketing is avoiding random acts of marketing. Next, you look at how you can out-compete the largest players in your market by focusing on smart spending. 

[7:49] Marketing is the price you pay for being unremarkable. In your marketing, you have to identify something that makes you remarkable, or at least unique, and sell potential clients on that aspect. 

[10:13] Lean marketing is about being strategy-first, and then moving into execution. Blindly executing on ideas without a plan is a great way to waste money.

[14:38] Marketing campaigns can focus on any of seven motivators: money, time, freedom, peace of mind, status, leisure, and approval. Key motivators for law include money, time, status, freedom, and peace of mind. 

[21:21] Your firm is in the people business, so definitionally it is in the feelings business. Marketing is about playing into the feelings clients have about their legal representation.

[23:20] Marc Whitehead & Associates has identified three unique parts of their firm: Marc Whitehead is board certified, he wrote a book on disability law, and his firm is convenient and easy to work with. 

[26:35] There are three cost-efficient tools that Marc recommends. The first is digital channels like having a good website and search engine optimization. The second is attorney referral marketing, or marketing to other attorneys. The third is client referral marketing. 

[33:52] For people with a small marketing team, social media can be used in a lean way by leveraging your networks.  

[41:00] When Mark Whitehead & Associates experiments with marketing, the experimentations are tracked in a spreadsheet by the head of
marketing. Channels are tracked by tracking numbers and surveys.

Visit the Successful Barrister website: https://www.successfulbarrister.com/  

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Buy Lean Marketing: More leads. More Profit. Less Marketing. by Allan Dib: https://www.amazon.com/Lean-Marketing-Less-More-Business/dp/1774583941 

Listen to Lean Marketing: https://www.audible.com/pd/Lean-Marketing-Audiobook/B0D2DW5KJF 

Email Marc Whitehead: [email protected] 

Looking for the latest insights on marketing and managing your firm? In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss their key takeaways from the PILMMA (Personal Injury Lawyers Marketing & Management Association) Super Summit. They share their most memorable insights and favorite speakers, and share how they plan to apply these insights to Marc Whitehead & Associates. Tune in for information on holding your vendors accountable, scaling your firm, and making the most of the summits you attend. 

For detailed show notes, navigate using the time stamps below:

[0:00] Introduction

[1:17] Marc and Diana went to the PILMMA Super Summit last week in Denver. PILMMA stands for Personal Injury Lawyers Marketing & Management Association.

[3:15] The PILMMA Super Summit is three and a half days long, so it takes most of a week to attend. He took lots of team members with him, which will help with the dissemination of the key takeaways from the summit.

[10:38] Diana’s first favorite talk was From Two to Two-Hundred: Key Steps in Scaling Your Firm from Greg Ward and Yanni Martinez Ward. Greg introduced the concept of the valleys of death to Diana. The valleys of death refers to the difficult period companies need to endure to scale. 

[17:30] Marc enjoyed many of the marketing presentations. Tanner Jones spoke on Building Accountability with Your Marketing Partners, specifically around holding your SEO vendor’s feet to the fire. 

[18:50] Jason Hennessey from Hennessey digital also spoke on SEO marketing, along with many other SEO marketing vendors. SEO marketing vendors will feed you statistics that may or may not be meaningful, and understanding what these statistics mean will help you keep your vendors accountable.

[25:05] Diana found the discussion on attorney compensation from David Vicknair interesting. The main takeaway was that attorney compensation should be at or below twenty percent of your revenue. 

[34:25] Marc’s next highlight is Jeff Hampton’s presentation on YouTube marketing strategies. He talked about his strategy using YouTube to market his firm, and gave tips on creating compelling content. 

[41:04] Cassie Lewis was one of Diana’s favorite speakers, and she left with a lot of valuable takeaways from her presentation that were not directly related to her content. 

[46:02] Cassie Lewis has a side gig as a fractional CMO and is selling a course on marketing. You can take the course here: https://thecmoacademy.com/ 

Visit the Successful Barrister website: https://www.successfulbarrister.com/  

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Email Marc Whitehead for his full list of favorite books: [email protected] 

Looking to level up your firm? There are lots of programs out there to help small businesses create better internal systems, and Marc Whitehead & Associates uses EOS, or the Entrepreneurial Operating System. After one year of EOS, Marc and Diana give their review of EOS’s top benefits and surprises, as well as the issues EOS was not able to fix. Tune in to find out what to expect from EOS, how to make the most of it, and whether it is the right fit for your firm. 

For detailed show notes, navigate using the time stamps below:

[0:00] Introduction

[1:17] Marc and Diana recently returned from their EOS retreat, where they spent the first day on teambuilding and the second day on more actionable items for improvement. 

[3:01] EOS stands for the Entrepreneurial Operating System, and it is designed to take small businesses to the next level through leadership development, communication, and behavioral changes. 

[11:02] Having a neutral set of eyes without an agenda was a big help for Marc Whitehead & Associates. You can find local EOS implementers, though they do tend to be expensive. 

[16:23] Marc was a guest on Ruby Powers’s podcast Power Up Your Practice last week. You can listen to the episode here: https://podcasts.apple.com/us/podcast/ep-60-behind-the-mic-and-the-practice-lessons/id1727939889?i=1000705463147 

[18:42] Marc was surprised by how quickly his leadership team took to EOS. People who did not have as much structure were quick to embrace EOS, while others who were already structured were more resistant. Diana was surprised at how well the rest of the team took to level 10 meetings.

[23:26] EOS provided a mechanism to disseminate new ideas to the rest of the firm through department-level meetings. 

[26:30] Marc considers the issue-processing part of EOS the biggest win for the firm. EOS requires that all issues be processed by the end of each Level 10 meeting.

[32:10] One thing EOS has not done for Marc Whithead & Associates is build trust. Difficult personality conflicts or pervasive distrust will not be solved by EOS.

[34:22] Marc’s only regret with EOS is not starting sooner, specifically around 2020.

[37:49] Over the next year, Marc sees the firm’s “rocks” becoming more focused on big changes that move the needle instead of putting out fires.

[39:31] Marc wishes he knew that it would take a full year to put out all of the small fires in the firm and start focusing on big-picture goals. 

[41:15] Diana was surprised by how important the visionary-integrator relationship is. Marc ads that you should not do EOS if there is not consensus around who the integrator will be. 

Visit the Successful Barrister website: https://www.successfulbarrister.com/  

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Email Marc Whitehead for his full list of favorite books: [email protected] 

Listen to Marc on the Power Up Your Practice Podcast with Ruby Powers: https://podcasts.apple.com/us/podcast/ep-60-behind-the-mic-and-the-practice-lessons/id1727939889?i=1000705463147 

Marketing is only half the battle. While marketing can be extremely valuable, any marketing spending is wasted if your firm does not have the capacity to sign on the cases your marketing attracts. In today’s episode of the Successful Barrister Podcast, Marc and Diana discuss how Marc Whitehead & Associates created a winning intake department; from early mistakes the firm made to five quick tips to set your intake department up for success. Plus, Marc is offering his firm’s intake training manual in Word format for you to adapt to your firm! Listen until the end to learn how to get it. 

For detailed show notes, navigate using the time stamps below:

[0:00] Introduction

[2:34] Today’s episode is about how to set your intake department up for success. Your intake department is the bridge between your marketing and taking on new cases.

[5:14] Marc’s biggest mistake was not having an intake department from the get-go. This led to Marc becoming a chokepoint, thereby limiting the number of new clients the firm could take on.

[11:34] The firm’s intake process has become very sophisticated, with a specialized department and technology to track their progress.

[15:44] Your intake department should be made up of extroverted and reliable people. You can develop scripts for your intake specialists to help them get the relevant information to determine if the firm should take their case. 

[22:53] Your firm is not selling law, it is selling a solution to a problem. Marc developed a sales process based on this problem-solving approach. 

[28:58] Marc Whitehead & Associates holds its intake department to a 95% contact rate goal and a 90% qualified lead sign on goal.

[31:16] The firm also grades its intake department on its hand-off rate, or the transfer of cases to the people who will be working on the case.

[38:41] Marc’s first quick intake tip is to simplify everything you do. You can simplify your contracts to make them simple to explain over the phone and use DocuSign so clients can sign virtually.

[41:35] For Marc Whitehead & Associates, urgency is naturally built into the process on the client end, but other firms may need to build it in. Another tip is to explain your legal fee as a “success fee.”

[43:46] You can send “wow packages” to “wow” your clients with branded merchandise. 

[45:24] Marc is offering his intake training manual in Word format. You can reach out to [email protected] and mention the podcast in your email to get the manual for free.

Visit the Successful Barrister website: https://www.successfulbarrister.com/ 

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Email Marc Whitehead for his full list of favorite books: [email protected] 

Your clients shouldn’t just be your clients. They should be a crucial piece of your marketing strategy. In today’s episode, Marc Whitehead and Diana Berry discuss the basics of client referral marketing, from how to collect client referral sources to how to create memorable moments with your client to keep your firm top-of-mind. 

From digital newsletters to snail mail to social media, there are lots of ways to stay in touch with your clients and community. Diana and Marc discuss some of the ways they currently manage their client referral marketing network, as well as their future plans to implement new strategies.  

For detailed show notes, navigate using the time stamps below:

[2:34] Last episode was about attorney referral marketing, while this episode focuses on client referral marketing. Client marketing allows for more liberal rules than general marketing to the public. “Clients” in this base can include anyone who has ever expressed interest in working with you.

[5:05] Every business has a flywheel, and the legal business flywheel generally involves generating interest, then converting interested people into paying clients, then performing the work and helping your clients understand that you did a good job, and then keeping in touch with those clients.

[8:42] Your clients have value long after you have represented them as referral sources. It is also important to continue to “feed” your flywheel, as some of your clients will pass away.

[11:55] Marc Whitehead & Associates uses Litify to store client information such as contact information, birthdays, and more. This includes clients the firm has serves and people who have reached out to express interest.

[17:22] Marc Whitehead & Associates tries to get a 20% open rate on client newsletters, and often uses A/B testing to compare performance. 

[19:56] Marc says that printed newsletters have more value now than ever as people are receiving less junk mail. He also sends out magnet calendars to past clients. 

[23:30] The firm also holds virtual town halls on relevant topics and current events to get in front of clients. 

[30:49] Client referral marketing is ultimately about creating “moments” with your clients. This can include calling a year after you win a client’s case to check in, or set up notifications for major life events. 

[34:59] Marc Whitehead & Associates is considering putting together a “win package” as a memorable gift following a win with branded elements. 

[38:18] The firm also has scholarships for disabled people and veterans to market its brand to the community. 

[41:22] To create interest and buzz, you need to be somewhat controversial. There are relevant political processes threatening the rights of clients that Marc Whithead & Associates publicly comments on, and it can also mobilize clients. 

Visit the Successful Barrister website: https://www.successfulbarrister.com/ 

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Email Marc Whitehead for his full list of favorite books: [email protected] 

Are you making the most of your referral network? Building and maintaining a robust referral network is a long-term strategy that will help you get consistent sources of new cases, but building a network is a marathon, not a sprint. In today’s episode of the Successful Barrister Podcast, learn how to build a referral marketing network, how to maintain your network, and how to stay top of mind for your referral sources. 

Marc and Diana begin by explaining what attorney referral marketing is, how it works, and some basic tips to get started like developing a niche. Next, they move into discussing marketing to your referral sources, creating referral tiers, and rewarding your top referral sources. 

For detailed show notes, navigate using the time stamps below:

[1:10] Today’s episode will focus on marketing your firm to other lawyers. Marc and Diana will give practical tips on their referral marketing approach. 

[4:19] Marc has a “herd” of about 20,000 clients and former clients that he markets the practice to. However, you cannot service every need your “herd” has because many of their needs will fall outside the scope of your practice. By referring your herd and getting referrals from other herds, you can expand. 

[7:33] Attorney referral is a long-term strategy. You have to be known for a specific subject to get referrals, and becoming known in your niche will help you gain more referrals. 

[9:20] Your niche can be a specific area of law, a specific type of client you represent, or based on a contribution to your niche like writing a book. 

[17:32] Marc Whitehead & Associates started to become known for working on social security benefit denials by writing a how-to book for potential clients. Books can also act as a type of business card you can give away. 

[24:55] Next, Marc started to keep a list of his contacts. He started from trial lawyers associations and added their contacts to the list. To reach all of the people on the list, Marc started the Successful Barrister newsletter. 

[33:11] Marc also sends a reminder to listen to the Successful Barrister Podcast to his email contacts. For more consistent referral sources, Marc sends gifts like books to keep the firm top of mind. 

[41:22] For Marc’s “top twenty” referral sources (the list is actually about one hundred sources), Marc gives out additional gives at odd times of the year to stick out. 

Visit the Successful Barrister website: https://www.successfulbarrister.com/ 

Visit the Marc Whitehead & Associates website: https://disabilitydenials.com/ 

Email Marc Whitehead for his full list of favorite books: [email protected]