Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Ask the coach

By ALM Staff | Law Journal Newsletters |
October 06, 2003

Q: Our research department gathers intelligence for us about prospects we intend to approach. How much, and what type, info should we seek about prospects' current law firm relationships?
A: What you need depends on what you'll do with it when you get it. If you learn that the company is using firms A, B, C, D, E, F and G, what will you do with that knowledge? Too many lawyers who see a long list of law firms that work with a prospect defeat themselves. They conclude that it's futile to try to do business with that company, creating an excuse for inaction.
I personally don't worry too much about competitors, whether incumbent or potential. Think of incumbency as ownership of the past, with the future still up for grabs. If you're trying to convince a company to displace a longtime law firm in favor of you performing the same service, you're climbing a steep hill against large odds. What would the company get out of that? However, if you're engaging a prospect in a business discussion about emerging issues or problems, no one owns that problem/solution territory yet. If the incumbent were already solving the problem effectively, there would be no reason to talk with you. Let
the buyer decide the question of
territory.
Another problem with excessive data-gathering is that it's easy to confuse data with understanding; more data doesn't necessarily mean better understanding. Lawyers tend to be data-intensive, so it's understandable that they would want all information possible about the prospect. However, it's very easy to suffer analysis paralysis, using it as a delaying tactic to avoid taking sales action.
Sometimes a little information can go
a long way.

Q: Our research department gathers intelligence for us about prospects we intend to approach. How much, and what type, info should we seek about prospects' current law firm relationships?
A: What you need depends on what you'll do with it when you get it. If you learn that the company is using firms A, B, C, D, E, F and G, what will you do with that knowledge? Too many lawyers who see a long list of law firms that work with a prospect defeat themselves. They conclude that it's futile to try to do business with that company, creating an excuse for inaction.
I personally don't worry too much about competitors, whether incumbent or potential. Think of incumbency as ownership of the past, with the future still up for grabs. If you're trying to convince a company to displace a longtime law firm in favor of you performing the same service, you're climbing a steep hill against large odds. What would the company get out of that? However, if you're engaging a prospect in a business discussion about emerging issues or problems, no one owns that problem/solution territory yet. If the incumbent were already solving the problem effectively, there would be no reason to talk with you. Let
the buyer decide the question of
territory.
Another problem with excessive data-gathering is that it's easy to confuse data with understanding; more data doesn't necessarily mean better understanding. Lawyers tend to be data-intensive, so it's understandable that they would want all information possible about the prospect. However, it's very easy to suffer analysis paralysis, using it as a delaying tactic to avoid taking sales action.
Sometimes a little information can go
a long way.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.