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Increasing the Benefits of Law Firm Marketing
By Scott L. Parker
PSF Advisors
One of the most interesting trends among law firms over the last
two years has been the marked increase in spending on "marketing"
efforts or, as some firms call it, business development. Websites
have been constructed and improved in complexity and complementary
"navigation," so that they are easier for visitors to use. Brochures
and pamphlets on a variety of topics have become more prevalent
and available. Some firms have even added advertising to their marketing
mix. Support materials have improved in their visual presentation,
and they have become a more significant part of the competitive
"pitch" to be chosen for a specific assignment.
But, the typical impression of many partners is that they and the
firm overall are seeing little tangible benefits from the marketing
efforts or from the marketing staffers who have often been added
as part of this increased emphasis on marketing. Consider the comments
of two different, quite senior, partners in two different major
law firms operating in two different practices. A senior antitrust
partner in a large, multi-office firm stated that they have many
people working in business development across their offices in the
U.S. and in other parts of the world, but he hasn't seen them helping
their practice across those same offices. A senior tax partner from
a different, but equally successful, firm characterized the firm's
marketing efforts as very weak, in his view, for an organization
of their size and breadth. The general impression is one of frustration
with the lack of effectiveness of the firm's marketing efforts to
make a difference.
This frustration, when coupled with a continuing weak economy affecting
at least some of the key practices of US-based firms, could well
cause many firms to begin to trim these marketing expenditures.
But, is this answer the right one, or are there some underlying
reasons for the lower-than-expected performance that could be corrected
after careful analysis and review?
Understanding Marketing from the Client's Perspective
The subtitle for this section should be: So, What Do You Expect
from Marketing vs. What Should You Expect? For most lawyers,
the term "marketing" and the business functions implied are not
part of their training or experience, other than as a besieged consumer.
It is important to know what to expect from marketing in a professional
services environment in general and in law firms particularly. The
most effective way is to look at the question from the client's
perspective.
The typical sequence is that a client moves from awareness of the
service offeror and the service breadth to the stimulation of interest
in one or more of the offered services, and, finally, to the eventual
decision that they need the services. At that point, the client
becomes a prospective "buyer," presumably moving through a process
of considering from whom they will buy and on what criteria. One
purpose of marketing, therefore, should be to ensure awareness,
at least with respect to the firm's high quality practice services.
But marketing should also stimulate interest in certain sub-areas
or capabilities that may be points of differentiation for the firm
vs. its competitors. A truly international firm, for example, should
make it clear that they are ready and able to service the global
needs of multinational clients. The ultimate purpose, of course,
is to be at the top of the client's mind when "interest" is translated
into "need" by the client; because that is when they actually begin
to think about who could help them with this situation. In other
words, the firm's marketing should help to generate incremental
opportunities that otherwise would not be apparent, but does it?
Again, looking at marketing from a client's perspective, the linear
process of moving from awareness to interest to need for professional
services, including legal services, is often disconnected by time,
because the need is caused by circumstances over which the client
often has limited control. Consequently, raising awareness of the
firm's distinctive services in January and stimulating interest
in a particular facet of its practice in March may not create a
new opportunity immediately, because the circumstances that would
apply (e.g., a tax issue or an antitrust situation) may not occur
until October.
To maximize benefits from marketing efforts, the law firm needs
to:
- Recognize that the effort must be periodically consistent, because
opportunities "to get up to bat" will often be inconsistent
- Use the periodic consistency to create a dialogue with the client
on the topic, even if there is no immediate need. An easy-to-read,
but informative, newsletter could serve as the discussion stimulus.
Two-way communication is always more powerful than one-way.
One senior partner from a smaller firm noted to me that he often
finds it useful during the heat-intensive, slower summer months
to produce one or two brief thought pieces on topics that he feels
would be of key interest to clients. The voluntary, unsolicited
response has been favorable from current clients and prospective
clients. The obvious question is whether it would be possible to
set aside time at other points during the year to produce a series
of perhaps bi-monthly or quarterly pieces that would keep that awareness
and interest high and that would perhaps create a more active client
dialogue?
Balancing Active vs. Passive Marketing
Ask yourself to what extent your firm's marketing efforts consist
of largely awareness-building efforts, such as standard brochures
and a website, both of which are relatively passive marketing devices.
Most law firm websites, for example, assume a high degree of inbound
effort on the part of the visiting client or prospective client.
Even then, you often find little information on prospective events
at which a partner is going to speak or new points of view or articles
highlighted in an engaging way. Often, the websites provide background
on the firm and its practices, location information, and bios on
the partnersuseful, but relatively passive marketing information,
even when it refreshed periodically. So, why would visitors return?
It is usually very useful, and not expensive, to complement these
passive marketing efforts with more active, outbound stimuli that
often cause the interested party to ask for more information. If
the stimulus is delivered via e-mail, for example, the insertion
of a link to the appropriate portion of the firm's website with
downloadable information, if desired, is easy to effect.
- Make the marketing information process easy and accessible for
clients. Don't depend on the client's taking the initiative to
get your information.
- Make the communication relevant to specific clients, with at
least a lead-in or cover note, so that they can easily derive
the key message relevant to them. They will also feel that the
sender cared enough to personalize the content.
- Make the material "inviting," as one senior company executive
noted to me. So much of what he does receive from law firms as
outbound, interest-stimulating materials is dull, with no visuals,
and in a printed form that has little aesthetic appeal. He throws
away most of what he receives without even opening it. To the
extent that your firm produces stimulus pieces, have you ever
actively sampled the reaction? If not, why haven't you?
Knowing Where Your Business Comes From or Could
An obvious, but too often overlooked, question in constructing
an effective marketing program is where does the firm's new business
typically come from? The related question is obviously, where could
it be supplemented? The answers may be different for certain practices
and even certain offices, but it is important to explore the historical
sources and speculate on logical extensions that could be aided
by an effective marketing program. History tends to be a helpful
guide to targeting the marketing efforts so that they are more productive.
If, for example, the firm has been successful in collaborating
with financial services providers to build its corporate finance
practice, are there other complementary services that could be offered
through this partner network, even to the extent of co-marketing
with the partner to the ultimate client base? How could marketing
efforts with selected partners stimulate awareness of and interest
in these complementary offerings?
If, for example, the firm has been very successful in building
its practice mix across the needs of certain major corporations,
are there other clients of the firm where a similarly broadened
mix of practice services may apply? Obviously, this approach begs
the question of whether the firm can effectively cross-market, and
eventually cross-sell, among practices and even among offices, but
the important marketing lesson is recognizing first that the untapped
opportunity may be there. A simple, matrixed analysis of the firm's
top 30 clients by practice can often reveal some interesting pockets
to consider as potential targets for joint marketing and selling
efforts. The Case of Cross-Selling is a separate topic in
itself, but a useful source of guidance is the chapter of the same
title by Maister, Green, and Galford in their book entitled The
Trusted Advisor.
The key point is that knowing where your business has come from
can help to answer several targeting questions for effective marketing
efforts; i.e., what to aim, at whom, how frequently, and via what
active and/or passive marketing vehicles. Scatter shots rarely hit
anything.
Leveraging Partners' Time to Drive Marketing Effectiveness
The last hurdle in achieving a more effective marketing program
for your firm is typically deciding how the changes will be made
and reinforced through the continuing actions that will be needed.
In other words, who is going to do what? Two types of errors often
occur:
- Partners assume that the Marketing staff will handle these issues,
but the marketing staff rarely have sufficient knowledge of
the issues to handle the content side
- Marketing staff assume that the Partners will have sufficient
time to participate actively and consistently in the marketing
efforts, but the Partners' time is always pressed by client
service issues and by the need to meet their billable hour targets
One step in the right direction taken by at least two firms to
whom I have spoken is to name practice-specific liaisons among the
marketing staff. It is rarely economically feasible to name a liaison
for each practice, but naming one for the homogeneous practice clusters
is usually possible. A liaison is more effective than merely having
a central pool of marketing staff. Proximity helps.
The marketing liaisons can build a basic knowledge of the practice,
and, perhaps more important, they can begin to generate trust among
the key partners in the practice that marketing can and will be
helpful in actually effecting improvement. Nevertheless, the concept
of leverage, so well understood by partners with respect to the
use of associates in the practice of law, also needs to be applied
here. Marketing liaisons must be more than the tactical executors
of the marketing program. They must be alert to the identification
of market-worthy, client-targetable developments and information.
They must extract the relevant insights quickly and succinctly from
the partners. They must draft market-worthy nuggets and translate
them into different marketing-useable forms, obviously with the
final approval of the partners. In short, the marketing liaison
needs to be the catalyst that drives marketing effectiveness by
effectively leveraging the time of the contributing partners and
by coordinating with the central marketing staff to carry out the
tactical functions that will bring those ideas to clients and prospective
clients on a consistent and timely basis.
Most firms can achieve greater degrees of marketing effectiveness
by placing more emphasis on moving client awareness to interest
and ultimately to need, at least for some of their practices and
offices. But, to increase the benefits of your marketing efforts,
the firm needs to assess to whom they are directing their marketing
efforts, for what purpose, with what content, and with what frequency?
Then they need to consider what changes could increase effectiveness,
drawing on best practices from other law firms and, also, from other
professional service firms, many of whom have been using marketing
as an important part of running their "business" for a much longer
time than most law firms. There are useful lessons, both in the
assessment and in the generation of improvement ideas, with which
an outside advisor can be very helpful in identification and suggested
application.
Here's a quick checklist of the key questions:
- How would we assess our marketing efforts from a client's perspective?
Are our efforts periodically consistent and do they create a dialogue
with the client even when there is no immediate need?
- How well are we balancing our passive marketing with active
marketing? Have we made the marketing information process easy,
accessible, inviting, and relevant for specific clients, so that
they can easily derive the key messages? How would we know?
- How well do we understand where our business comes from vs.
where it could come from, and do we apply that understanding appropriately
in our marketing program?
- How well do we leverage partners' time in developing effective
marketing programs, and have we created sufficiently proximate
marketing talent to help make the liaison work?
You can increase the benefits of law firm marketing by assessing
what you are doing now and by reviewing alternatives, at least some
of which draw on best practices from other professional service
firms. Rather than trimming expenditures for next year, increase
marketing effectiveness.
©2002 PSF Advisors; all rights reserved
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