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
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit Image

Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.

Fresh Filings Image

Notable recent court filings in entertainment law.