Professional Sales Simulation
Industry: Law
The legal field is very diverse and offers many different types of services for many
different types of clients. Clients seek legal services for many different reasons, some of which
include contract formation, dispute resolution, criminal charges and proceedings, approval of
business ideas, or counseling on a legal question or problem that has arisen. The two main types
of legal services that are provided are litigation, which is retroactively solving a problem that has
arisen; and transactional, which is proactively putting parameters in place to further business,
such as through contracts. Litigation has to do with the judicial process where legal services and
advice include navigating either the civil or criminal law system. Litigation is all about being in
the court room and navigating the official court process. In comparison, transactional work has to
do with transactions that are involved in a business, such as business formation, contracts, or
taxes. The litigation process begins because of a dispute that arises between two or more parties.
The dispute can be criminal in nature, where the state is charging the party or civil in nature,
which has to do with private parties in a dispute for a plethora of reasons (from contract disputes
to torts). In contrast transactional work is proactive and is initiated by the client wanting to
protect or further his or her business. Legal services are typically provided by lawyers at law
firms. When a client is represented by a lawyer there are specific duties that are required by the
lawyer to the client. These duties are laid out in the Model Rules of Professional Conduct. In
general, the lawyer has to provide the client with competent services and maintain attorney client
privilege.
Company: Bongiovi Law Firm
Bongiovi Law Firm is a local Nevada law firm established by a Boyd Law School and
Lee Business School graduate. Gina Bongiovi established the firm to provide legal services to
small businesses. Gina developed the firm because when she was a business owner, she needed
an attorney and there was no attorney that could assist her with her business needs. Bongiovi
Law Firm assists business clients with business formation, business contracts, and business
management. The firm offers a flat rate, compared to billing hours, for the different services that
the firm provides. This flat rate model allows businesses to plan and know exactly what it is
going to be charged for what the small business is having the firm do. Compared to hourly
billing where the client merely receives a check at the end of the engagement that includes all of
the hours that an attorney worked on that specific project (or billed for that specific project).
Additionally, Bongiovi Law Firm offers services that mirror what general counsel does in larger
organizations. Small businesses can pay a monthly fee and have more access to the firm, just as
how larger businesses have access to their general counsel. For transactional work, it is essential
to have a “general counsel” that can assist the business with discovering potential problems
before they occur. The main focus of Bongiovi Law Firm is to provide transparent legal services
to small businesses that directly relate to a small business’s needs.
Service: Business legal services that are mainly transactional in nature that have to do with
setting up and maintaining a business (not litigation)
Transactional legal services are essential to the success of a business, especially as a
business continues to grow. Bongiovi Law Firm offers three plans of service: 1) flat fees per
project; 2) general counsel membership; and 3) chief legal officer. The flat fees per project is
where the business selects which service the business needs the firm to complete and that is what
the firm completes. The individual transactional services that Bongiovi Law Firm provides range
from the documents required to start a business all the way through the documents needed to
manage and even eventually close a business. This is typically not a continued relationship,
where the relationship ends when the project is complete. The general counsel membership is a
plan that offers the business with a continued relationship with Bongiovi Law through a monthly
subscription. A part of the general counsel plan is a monthly phone call from the firm to discuss
better ways to protect the business, registered agent services, and a discount off of the flat project
fees. The goal of the monthly call is to discuss what the business owner is planning to do next, so
that if there are any legal consequences then Gina can inform the business owner of that and get
ahead of the problems before they come to fruition. The chief legal officer option is for larger
businesses where Bongiovi Law does not help only with legal matters, but also helps with
general business strategy. Under this option, businesses enjoy unlimited, priority access to the
law firm. This option is geared towards mimicking general counsel.
What I will be selling is the general counsel plan along with the individual services that
are offered. I will explain the importance of having dedicated counsel to assist with being
proactive in business needs compared to only hiring counsel when a business decision goes
wrong or other problems arise. I will first need to educate my client on how having a dedicated
legal team will add value to his or her business. This step will be crucial because most business
owners do not see the need for legal services until a problem has occurred and litigation becomes
a possibility. After educating my client on the need for a transactional lawyer, I will focus on
selling the actual product of the general counsel plan.
Key Competitors:
1. Legal Zoom
a. Legal Zoom is an online legal company that assists clients with creating legal
documents. The documents are available on the website for the client to complete
on his or her own without necessarily having to hire a lawyer. Legal Zoom can
assist with business formation, wills and trusts, and intellectual property.
2. Rocket Lawyer
a. Rocket Lawyer is an online legal company that assists clients through online legal
services. Rocket Lawyer offers legal documents with step-by-step instructions for
clients to customize the document for his or her specific needs. Additionally,
Rock Lawyer has attorneys that can assist, if that matter is more complex and an
attorney is needed. Rocket Lawyer can assist with business and contracts, real
estate, and family and personal matters.
3. Larger law firms (Fennemore, Snell & Wilmer, Brownstein Hyatt Farber Schreck)
a. Larger law firms consist of many different attorneys in different practice areas.
4. Smaller law firms who are dabbling in corporate transactions
a. Smaller law firms consist of fewer attorneys and typically specialize in a few
practice areas.
Key Competitors Strengths and Weaknesses
Competitor
Strengths
Weakness
Legal Zoom

Provides legal services at a flat fee
rate
Has business formation and
business operations as practice
areas
Cost effective

Easy way to incorporate your
business
If have further questions, then can
be connected with someone
Many free documents and other
services are cost effective



Rocket Lawyer








Big Firms





Smaller Firms that
do not specialize in
transactional



Name recognition
Competent attorneys
Many specialize in doing
transactional work
Will have access to many
attorneys if the one you are
working with does not know the
question
Access to litigation attorneys if a
problem arises
Will have legal counsel
More cost effective than a large
law firm
If need litigation, then would have
access to that at these firms






An automated service that guides
you to do it yourself
Presents itself as a law firm, but it is
not
Helps you start the process but does
not ensure that it is done completely
or accurately
A lot of the process is automated
where the client fills in the
documents
There is not the personalized
attention because this is a service
for anyone who can use the internet
If want documents reviewed, then
have to pay for that
There is a distinction between
lawyer and attorney which is
questionable (meaning exactly who
is looking at these documents)
Highly expensive
Typically have larger clients so
there is less focus on the smaller
clients
Law firm does not specialize in
transactional work
Lack of specialization
Transactional work is very different
from litigation
Lack of knowledge and practice
with small businesses and
transactional work
Customer Profile
Name: Chris Smith
Age: 40
Education: Bachelor’s degree
Occupation: Chris owns and is the CEO of Sunrise Coffee. Sunrise Coffee is the longest
standing independent coffee shop in Las Vegas. Sunrise Coffee and Mothership Coffee Roasters
make up the Sunrise Coffee brand. Chris has worked with this company since its inception in
2008. Chris is the CEO and the heart of the company. Chris makes all of the business decisions
and is hands on with the company from customers to employees to suppliers to outside support.
Christ first found his/her love for this industry when he/she was a barista during undergrad. Chris
was a business major and always hoped to start his/her own business. After working for a few
years after undergrad, Chris finally had the capital to start his/her own business and that is when
Sunrise Coffee was born.
Business Problem: This company started off as a small, single location coffee shop. Through the
years the company has expanded into many locations and even branched off and opened another
coffee shop under a different store front name. Because the company is growing, the business
contracts and the day-to-day operation of the businesses are becoming more complicated. Chris
is also becoming concerned about his/her increased risk of liability because of the increase in
customers, employees, and business transactions. Chris needs someone to review all of the
contracts that have been formed and assist with the contracts going forward. Chris also needs
someone to ensure that Sunrise Coffee is adequately covered for all liability purposes.
Chris is considering Bongiovi Law Firm because we provide excellent legal services to smaller
and mid-sized businesses. Specifically, Chris needs a firm that can provide general counsel or inhouse legal services, without actually needing to hire a dedicated team. Bongiovi Law Firm can
provide Chris with these services. Bongiovi Law Firm offers a “General Counsel” plan that
offers businesses a dedicated counsel that can answer and assist with any and all legal or
business questions. Additionally, Bongiovi Law Firm has flat rates, which allows a business to
budget its expenses compared to being given a bill with how many hours the attorney spent on
that one project. Thus, Bongiovi Law Firm can provide Chris with answers to any and all of
his/her questions about his/her liability and the regulatory environment. Further, Bongiovi Law
Firm can help with contract formation and reviewing of all contracts before they are signed and
enacted. Bongiovi Law Firm can provide Chris with the comfort she/he needs that the business is
legally sound, and that liability is minimized.
Hobbies and interests: coffee (of course), their family and their pets, trying new restaurants,
hiking, baking, and spending time helping the community
Buyer Needs:
Primary Buyer: Chris Smith
Buying Organization: Sunrise Coffee
Primary Industry: Legal Services
Buyer’s Situational Needs




Buyer’s Functional Needs



Buyer’s Social Needs


Buyer’s Psychological Needs



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Buyer’s Knowledge Needs



Current level of risk too great for the business owner to feel
comfortable
Current contracts are owner produced and may not adequately
cover employer
Current supplier agreements are owner produced and may not
adequately relay the actual agreement
All regulatory documentation has been filed by the owner and
may not all be correct or up to standard
Full review of contracts and assessment of liability
Assistance with drafting of contracts and standard
employment and supplier forms
Full review of regulatory requirements and assurance that all
regulations are being complied with
Belonging to this law firm and connecting with other small
businesses that utilize legal services
Feeling that Sunrise Coffee’s business needs and Chris’s
business questions are important to the law firm
Assurance that this legal team can meet the needs of Sunrise
Coffee in the time frame that she/he may need the services
Belief that hiring a legal team is common for small business
owners
Confidence that having a legal team helps with liability and
protecting the business
Assurance that the contracts written by the attorneys do
protect Sunrise from liability
Evidence that a legal team is the right choice
Understanding of the importance of legal services for a small
business
Education about how the documents will protect the business
Planned Sales Dialogue:
Company and Key Person Information
Company Name: Sunrise Coffee
Prospect’s Name: Chris Smith
Type of Business: Local Coffee Shop
Job Title: CEO and Owner
Other Influences on the Purchase Decision: Chris is the sole decision maker for Sunrise
Coffee. Chris will be the one who decides if Bongiovi Law will be hired or not. The only other
person that Chris may consult is his/her spouse because Chris values his/her opinion when it
comes to all business matters.
Customer Value Proposition: Bongiovi Law Firm will provide Sunrise Coffee with the
assurances and security that are necessary as a business continues to expand. Bongiovi Law Firm
will assist Sunrise Coffee with reducing liability by reviewing and forming contracts that reduce
Sunrise Coffee’s risk. Additionally, Bongiovi Law Firm will be Sunrise Coffee’s “general
counsel,” where Chris or anyone else in the company can call Bongiovi Law Firm with any
business or legal question. This means an attorney can discuss and view any contract or pending
decision or document prior to it being finalized, which allows for Sunrise Coffee to have more
control and understanding of its business deals.
“General Counsel” Plan – Monthly plan that provides the business with general counsel,
essentially. As part of this plan Bongiovi Law is the registered agent for the business and
conducts all annual maintenance. Additionally, the business will at a minimum receive a monthly
phone call from Bongiovi Law to discuss any upcoming decisions that need to be made or to go
over any questions that have arisen.
Transactional Services – There are different services that Bongiovi Law offers. The services are
all transactional in nature and are broken up into different categories, which include: Start,
Manage, Trademarks, Contracts, Disputes, Real Estate, and Close. Under each category there are
different services that are offered.
Sales Call Objective: The objective of the sales call is to first educate Chris on the importance
of having legal services as a business owner. Many business owners are not aware of the benefits
of having dedicated legal counsel and I will have to prove those benefits. During the discussion, I
hope to begin building that long term relationship with Chris. The end goal of the discussion is to
have Chris register for a general counsel plan. If Chris does not register for the plan today, then I
will need to set another sales call for Chris to think over his/her decision. Further, I will provide
a sheet to Chris with the other services that we offer and ask if there are any immediate needs
that Chris needs Bongiovi Law to take care of for him/her.
Linking Buying Motives, Benefits, Support Information, and Reinforcement Methods
Buying Motives Specific Benefits
Information needed to support
Where appropriate,
Matched to Buying
claims for each benefit
methods for
Motives
reinforcing verbal
content
Emotional –
Bongiovi Law Firm can
 Can review documents
 Discuss a
Fear that not
provide the assurance
testimonial of
 Can create new documents or
adequately
that Sunrise is adequately
another business
procedures that would take
protected from
protected
that hired
liability off of Sunrise and
liability
Bongiovi law to
place it on either the
represent it and
employee, customer, or
the relief that the
supplier
business owner
 Can review all regulatory
felt for having a
requirements and ensure that
legal professional
all of those documents are
manage the risks
correctly completed
for their business
 Can ensure that adequate
insurances are being used
Rational –
Sunrise would be
 The firm has substantial
 Provide an
Strategically
Bongiovi Law Firm’s
experience drafting and
example of what a
wants to ensure client which means that
writing contracts
contract looks like
that all
the firm is always going
that is written for
 The firm solely focuses on
contracts are
to draft and edit contracts
Sunrise Coffee
transactional work for small
written to the
for Sunrise’s best
compared to one
businesses
needs of
interests (compared to
that is written to
 The owner of the firm owned
Sunrise
Sunrise drafting
benefit the other
her own business, so she
themselves or the other
party
knows the importance of
side drafting, having a
 Also could
having adequate contracts
firm draft the contracts
demonstrate the
that reflect what Sunrise
provides better
problems that
wants
protection)
arise due to not
having a well
drafted contract
Rational –
A question may arise
 Part of the general counsel
 Examples of other
Ability to ask
either from a regulator,
plan is that Chris will have at
questions that
questions of an supplier, or customer and
a minimum a monthly phone
other clients have
attorney when
Bongiovi Law can
call with Bongiovi Law to
asked Bongiovi
legal or
provide guidance on how
discuss any questions that
Law during the
business
to best address the
have come up and to discuss
monthly phone
questions arise
question. Chris may have
upcoming decisions
call
a business question or
 Tesimonial of
want to further Sunrise
how Bongiovi
and running the question
Law was able to
by Bongiovi Law will
create value for
provide Chris with a
the business
discussion of options.
regarding a
business or legal
question
Rational – Cost
effective
method to have
a dedicated
legal team
Rational –
Quality of
contracts
between
Sunrise and
suppliers and
Sunrise and
employees
Having a general counsel
on the payroll of Sunrise
or hiring an hourly
attorney at a large law
firm would be more
expensive than retaining
Bongiovi Law for the
same services

Bongiovi Law can ensure
that there are no mistakes
in the contracts and that
the agreements
memorialize what the
two parties were
intending by deciding to
enter into this agreement




Flat monthly fee for general
counsel plan where Chris can
call and receive answers on
questions (under typical firm
each minute Chris is on the
phone with the firm that is an
additional charge)
Flat fees for work to be
completed so Sunrise can
budget for the cost of the
work (compared to a
traditional firm where after
the work is completed a bill
is sent with a breakdown of
how many hours each
attorney spent on the matter
and how much each attorney
costs)
The firm has substantial
experience drafting and
writing contracts
The firm solely focuses on
transactional work for small
businesses
The owner of the firm owned
her own business, so she
knows the importance of
having adequate contracts
that reflect what Sunrise
wants

Illustration and
presentation of
Bongiovi Law
Firm’s costs as
well as an
illustration of a
comparison to
another law firms
costs

Examples of
contracts that have
mistakes
Examples of
contracts before
Bongiovi Law
edited them
Testimonials of
problems that
occurred because
of mistakes in
contracts


Beginning the Sales Dialogue
Introduction, thanks, agenda agreement. Then begin ADAPT as appropriate or transition into
other sales dialogue or presentation:
Assessment:
 How do you currently draft any contracts or agreements that you have? Do you draft
them yourself; do you have someone else draft them; or do you use online sources to help
you draft them? (If no contracts are drafted, then I will ask how Sunrise ensures that
agreements are being followed?)
 Who is the person that will be making the decision if legal counsel should be hired or
now?
Discovery:
 Have you had any issues with any agreements you have formed with employees or
suppliers?
 Have you been involved in any litigation that has been brought upon Sunrise by a
customer?
 Where do you feel you have the most risk for your business?
Activation:
 How have you worked through problems that you have had with suppliers in the past
because they did not follow the agreement?
 How have you addressed employee concerns in the past?
 If there is a customer complaint or has a concern arises, how have you addressed that?
 What affect does increased risk or liability have on Sunrise Coffee?
Projection:
 If there were provisions in place as to how to address problems with suppliers, how
would that affect your ease of business?
 If there were provisions in place for how to address employee concerns, how would that
affect your working environment?
 If you had no risk or reduced risk, how would that benefit your business and how you see
your business’s position.
Transition to Presentation:
 Having business risk and liability reduced is something that is important to you for
Sunrise Coffee?
 Having contracts written that were beneficial to Sunrise is something that is important to
you?
 If I can show you how Bongiovi Law Firm can reduce your business risk and liability
through contracts and agreements, would you be interested in exploring how it can work
for Sunrise?
 Further, if I can show you how Bongiovi Law Firm can be a resource to you as a small
business owner, would you be interested in exploring how it can work for Sunrise?
Anticipated Prospect Questions and Objections with Planned Responses
Questions and Objections
Responses
I have been running this business on
As you continue to expand your business and open more
my own for many years, why do I need locations, the business becomes more complex. There are
legal counsel now?
more moving parts and therefore, more room for error and
more room for something bad to occur.
Can I continue to use the contracts and
agreements that I already have in place
if I decide to hire you?
Because I have been doing all of these
contracts on my own, how is it going to
change my relationship with my
suppliers now that I am having an
attorney do the drafting.
I trust all of my employees and
suppliers and I do not believe that they
will cause any problems for me in the
future.
I trust my customers, none of them
would sue me for a problem with their
coffee or service.
What happens if Sunrise gets in trouble
because of a document that you have
filed incorrectly?
There are so many free contracts
online, why can’t I just use those?
Yes, you are able to continue using any agreements you
wish. This is your business and you ultimately are the one
who decides what you want to use for your business. We
will be happy to provide input regarding your current
agreements, but you can continue using them as you are
now.
Your suppliers should be understanding that you are hiring
an attorney because of the complexity of your business now,
not because you do not trust them. You can explain the
reasoning behind your decision for hiring legal counsel.
Most suppliers have their own legal counsel team so they
should be understanding of you hiring your own.
Even though you trust them, all it takes is for one employee
or one supplier to cause a problem that could put you in a
bad situation. For example, what would happen if your
coffee supplier just decided not to deliver your beans for the
week and gave you no explanation why? If you have a
contract established that explains the consequences of what
happens if this exact scenario occurred, then you would turn
to that. If you have no written agreement, then it becomes a
trickier problem and even if you decide to go to court there
is the problem of which side to believe.
Most customers will not go after the business because of
one mistake, but some will. If that does occur, then you
need trusted legal advice to guide you in what next steps to
take. If litigation is on the table then we will refer you to
another law firm who specialize in that type of dispute to
ensure you always have the best representation.
We will immediately work to fix any problem that arises.
You will be compensated for any errors that occur. We hope
that no errors will arise and will do everything in our power
to make sure that all documents filed are accurate and
correct.
The free contracts online lack the human analysis and
evaluation that you receive by hiring a law firm. The
contracts are not written specifically for your type of
business or your specific problem and that can cause the
contract to be incomplete if you just use the one online.
Shouldn’t I hire a large law firm that
has good name recognition and can do
any type of service that I need?
If you want to pay the high costs associated with hiring a
large law firm, then that could be a good option for you.
The downside to a large law firm is that because they have
all of these practice areas you are paying a large hourly rate
for their expertise in all of those practice areas. Also, you
are not getting individualized attention. Many larger firms
have very large clients and do not have time to spend with a
small business owner that just wants to discuss options. By
hiring Bongiovi Law Firm you will have that individualized
attention that you and your business deserve.
What if I do not like the advice that
Yes, ultimately Sunrise is your business and Bongiovi Law
Bongiovi Law provides, can I still go
is merely providing guidance and our professional opinion
through with whatever decision I feel is on the matter. You know your business better than we do, so
best for Sunrise?
if you think an option is better than something, we
suggested then you are free to make that decision. If the
decision does not turn out exactly as you had hoped, we will
not be liable for any decision you make on your own.
If I end up needing litigation, what do I We have connections with other law firms that offer those
do since your firm does not offer those additional services that we do not offer. We will refer you to
services?
one of them and they can assist you with those needs.
Earn Prospect Commitment
 Summary commitment: I will go over a summary of all of the benefits that retaining
Bongiovi Law Firm will have for Sunrise Coffee in hopes of having Chris commit to
retaining Bongiovi Law and begin that long term commitment.
 Some of the benefits I will discuss are:
o The importance of having legal counsel because of the value of that an expert
opinion can have for Sunrise.
o The importance of minimizing business risk when it comes to Sunrise’s liability.
o The benefits of having an attorney draft and review any contracts that will be
formed.
o The benefits of hiring Bongiovi Law specifically with the small business focus,
dedication to each and every customer, and transactional knowledge that the
attorneys possess.
Building Value through Follow-up Action
 Foreseeing and planning post-sale customer needs prior to completing a sale.
 Developing a post-sale long-term vision and strategy for ensuring customer satisfaction.
 Establishing this month’s first monthly check in with Chris.
 Touching base with Chris after each engagement is complete.
 Recalling and reorganizing Sunrise’s goals with Chris.
 Regularly reviewing what work we are doing for Chris and offering different ways that
we can increase value and further protect Sunrise Coffee.
Actionable Goal for your Professional Sales Simulation:
 Chris committing to retaining Bonviovi Law Firm as general counsel for Sunrise Coffee.
 Plan a follow up call 10 days after the original sales call with Chris to provide additional
information about the importance of having legal counsel and answer any additional
questions or hesitations Chris may have.
 Provide Chris with an analysis showing that having Bongiovi Law as legal counsel is
more cost effective than the alternative options of competitors or having to litigate a
matter in court.
Prices
Flat Fees
Manage
Business Legal Checkup
Business Purchase/Sale Package
Corporate Resolution/Minutes
Domestication/Conversion
$XXX
Contracts
Contract/Document Drafting
Contract Review
Owners’ Agreement
Buy/Sell Agreements
Disputes
Attorney Letter
Settlement Agreement
Business Partner Dispute Mediation
General Counsel Plan
Option
Monthly Fee
Minimum Commitment
10% Off Attorney Fees
Registered Agent and
Annual Maintenance
Telephone Check-In
In-Person Check-In
Authorized
Representative
Expedited Services
Executive
$XXX
X months
Yes
Yes
Premiere
$XXX
X months
Yes
Yes
Pinnacle
$XXX
X moths
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Yes