<b>A Haven For Straight Talk: </b>The Myth Of The Firm

From what I've observed, most firms would be better off if they scrapped their marketing plans, projects, budgets and staffs completely. Save the money and spend it on summer associate swag, the holiday party, better seats at sporting events ' whatever. Why? Because marketing relies on something that many firms seem content to do without ' purpose.

Put down your pitchforks and take a moment to ask yourself if you've ever heard any of these statements spoken around one firm or another:

• “Clients hire lawyers, not firms.”
• “We need a well-seasoned lateral to help us grow that practice area.”
• “We don't need any more lawyers; the office is full as it is.”
• “What are other firms doing about [fill in the blank]?”
• “If she leaves, she'll take that practice group with her.”
• “I'm too busy to do anything but keep my clients satisfied.”

Very different topics, sure, but directionally similar. They all point to an industry-wide issue that will eventually, I believe, define success for those firms that surmount it. The question: what is a law firm?

Are We A Team Yet?

If I asked you what traits make for a great baseball player, you might answer, “strength, speed, hand-eye coordination and overall physical fitness.” If I asked you what skills a great ballplayer needs, you might say, “throwing, catching, running and batting.” But if I asked you what makes for a winning baseball team, I doubt you'd say, “at least nine fit, fast, strong, coordinated men who can throw, catch, run and bat.” We understand almost instinctively that a team is more than a collection of traits and skills, just as a person is more than a collection of muscles and nerves.

OK. So what if I asked you what traits make for a good lawyer? Smart, savvy, ethical, hardworking and tough. Skills? Planning, organizing, arguing and sympathizing. That's my list. So a good law firm must be a collection of smart, savvy, ethical, hardworking, tough attorneys who can plan, organize argue and sympathize.

Doesn't sound too bad, does it? Not as far off-base (sorry) as the equivalent definition of “baseball team.” Why does the “collection-of-parts” description of a law firm sound so much more realistic than that of a sports team?

Because there is currently very little understanding of what makes a great modern law firm, apart from a collection of great lawyers.

Intangible Assets

I was 12 years old and living in Boston in 1978. Guess what I'll never forget? I can sense you wincing as you feel my pain. I bet you can also tell which player epitomizes “error” in my book of life. That's “an intangible” connection to the city of my youth. It's a connection that goes beyond specific, day-to-day activities.

Now before you get all up in my grill about how sports is entertainment and that's sooo much different than legal service (which is a business, after all) consider some other industries:

• You know anyone whose relationship with cars goes beyond the mere benefits of transportation?
• How about hairdressers and/or barbers? I know dozens of people (myself included) who are fanatically loyal to a particular practitioner of the tonsorial arts.
• Do you have a favorite restaurant that you take out-of-town guests to all the time?
• Do you prefer to buy clothes at a particular store or of a specific brand?
• When you are initially introduced to politicians, do you form an opinion of them based mainly on whether they have a (D) or an (R) after their name?
• Will you go to see a movie based on the presence of a particular actor or actress?

These are all products and services that benefit from intangible assets – the category in which brand recognition and loyalty also fall.

If I need six lawyers to do my work, I can get one each from six firms. Or I can find a firm that has all six under one roof. That “convenience factor” is an intangible. Many firms will tell you that this is just the sort of reason law firms are formed ' to provide services more conveniently. That's true. But as of yet, very few firms have gone beyond providing intangible assets other than those of a logistic and administrative nature.

Define and Refine

Sound strategic marketing helps provide a basis for the development of intangible, yet powerful aspects of your business. You must have operational excellence ' great lawyers doing great work. That's not open to debate. But the ways in which you provide that service will bring you new business and keep current clients (and attorneys and staff) loyal beyond any reasonable expectation. It's the “how” and “why” of your firm as opposed to the “what.”

It's not an easy task. It requires definition and refinement. Definition of the values, actions and skills that represent your firm. Refinement of processes and culture.

Great marketing is never based on a lie. You can't spin a crappy product into a good one. And you can't market a firm brand if the only reason you are a firm is to share copiers and a lobby. What strategic marketing can do for you, though, is help define and refine the ways in which you'll grow into a firm with powerful intangible assets. How does this marketing magic happen? We'll take that up in future columns.

Firms that accept this challenge will be able to compel success. Firms that don't will be at the mercy of the industry, economy and the behavior of individual practitioners. It's the difference between a pick-up game of sand-lot baseball and the World Series. Same game. Same rules. Bigger payoff.  

From what I've observed, most firms would be better off if they scrapped their marketing plans, projects, budgets and staffs completely. Save the money and spend it on summer associate swag, the holiday party, better seats at sporting events ' whatever. Why? Because marketing relies on something that many firms seem content to do without ' purpose.

Put down your pitchforks and take a moment to ask yourself if you've ever heard any of these statements spoken around one firm or another:

• “Clients hire lawyers, not firms.”
• “We need a well-seasoned lateral to help us grow that practice area.”
• “We don't need any more lawyers; the office is full as it is.”
• “What are other firms doing about [fill in the blank]?”
• “If she leaves, she'll take that practice group with her.”
• “I'm too busy to do anything but keep my clients satisfied.”

Very different topics, sure, but directionally similar. They all point to an industry-wide issue that will eventually, I believe, define success for those firms that surmount it. The question: what is a law firm?

Are We A Team Yet?

If I asked you what traits make for a great baseball player, you might answer, “strength, speed, hand-eye coordination and overall physical fitness.” If I asked you what skills a great ballplayer needs, you might say, “throwing, catching, running and batting.” But if I asked you what makes for a winning baseball team, I doubt you'd say, “at least nine fit, fast, strong, coordinated men who can throw, catch, run and bat.” We understand almost instinctively that a team is more than a collection of traits and skills, just as a person is more than a collection of muscles and nerves.

OK. So what if I asked you what traits make for a good lawyer? Smart, savvy, ethical, hardworking and tough. Skills? Planning, organizing, arguing and sympathizing. That's my list. So a good law firm must be a collection of smart, savvy, ethical, hardworking, tough attorneys who can plan, organize argue and sympathize.

Doesn't sound too bad, does it? Not as far off-base (sorry) as the equivalent definition of “baseball team.” Why does the “collection-of-parts” description of a law firm sound so much more realistic than that of a sports team?

Because there is currently very little understanding of what makes a great modern law firm, apart from a collection of great lawyers.

Intangible Assets

I was 12 years old and living in Boston in 1978. Guess what I'll never forget? I can sense you wincing as you feel my pain. I bet you can also tell which player epitomizes “error” in my book of life. That's “an intangible” connection to the city of my youth. It's a connection that goes beyond specific, day-to-day activities.

Now before you get all up in my grill about how sports is entertainment and that's sooo much different than legal service (which is a business, after all) consider some other industries:

• You know anyone whose relationship with cars goes beyond the mere benefits of transportation?
• How about hairdressers and/or barbers? I know dozens of people (myself included) who are fanatically loyal to a particular practitioner of the tonsorial arts.
• Do you have a favorite restaurant that you take out-of-town guests to all the time?
• Do you prefer to buy clothes at a particular store or of a specific brand?
• When you are initially introduced to politicians, do you form an opinion of them based mainly on whether they have a (D) or an (R) after their name?
• Will you go to see a movie based on the presence of a particular actor or actress?

These are all products and services that benefit from intangible assets – the category in which brand recognition and loyalty also fall.

If I need six lawyers to do my work, I can get one each from six firms. Or I can find a firm that has all six under one roof. That “convenience factor” is an intangible. Many firms will tell you that this is just the sort of reason law firms are formed ' to provide services more conveniently. That's true. But as of yet, very few firms have gone beyond providing intangible assets other than those of a logistic and administrative nature.

Define and Refine

Sound strategic marketing helps provide a basis for the development of intangible, yet powerful aspects of your business. You must have operational excellence ' great lawyers doing great work. That's not open to debate. But the ways in which you provide that service will bring you new business and keep current clients (and attorneys and staff) loyal beyond any reasonable expectation. It's the “how” and “why” of your firm as opposed to the “what.”

It's not an easy task. It requires definition and refinement. Definition of the values, actions and skills that represent your firm. Refinement of processes and culture.

Great marketing is never based on a lie. You can't spin a crappy product into a good one. And you can't market a firm brand if the only reason you are a firm is to share copiers and a lobby. What strategic marketing can do for you, though, is help define and refine the ways in which you'll grow into a firm with powerful intangible assets. How does this marketing magic happen? We'll take that up in future columns.

Firms that accept this challenge will be able to compel success. Firms that don't will be at the mercy of the industry, economy and the behavior of individual practitioners. It's the difference between a pick-up game of sand-lot baseball and the World Series. Same game. Same rules. Bigger payoff.