Is It Forgettable, Or Is It Memorable?

Memorability is what matters most in advertising. To be memorable, the advertising must be credible. Distinct. And most of all, relevant to the self-interest of the audience by which the advertiser wants to be remembered.

The question is: Why isn't most law firm advertising more memorable?

Holdouts Must Give In

More law firms are advertising than ever before. Although there are plenty of firms ' some of the biggest and most highly respected ' still holding out. Several years ago, the managing partner of one of New York City's most esteemed law firms said bluntly that his firm would never advertise. So far the firm never has. But for better or worse, the intensely competitive world of lawyers can no longer rely on word of mouth alone to expand their client base. Especially in the Expansion Era for law firms.

The best law firm advertising comes from clients. Take one of our law firm clients, for example. I can mention this particular ad without bragging because the firm created it before they hired us. The ad is a testimonial from the CEO of a high-profile, recognizable client, Neiman Marcus, one of the world's most prestigious retailers. The ad includes a great photograph of the CEO and what he says is a genuine tribute to Neiman's law firm. As law firms know clients are often reluctant to give testimonials. That's another reason the ad stands out.

The question remains: Why is so much law firm advertising so forgettable? I'm convinced this has to do in part with the structure of law firms.

Law firms are partnerships and partners expect to have their say in all areas, however slight their experience. Because consensus is so important to partners ' and their egos. But the only consensus that should be sought from partners concerning advertising is to define what the firm realistically wants from its advertising. And the character the firm wants to project. They should then expect that character and reputation will be conveyed with imagination and flair. That should be left to the agency.

Be Different

Lawyers who think literally make advertising decisions that usually lead to safe, politically correct, sometimes self-serving, often boring, usually forgettable advertising. I'm looking at a recent, well-known legal publication. Lots of full-page law firm ads. (That's good for the publication.) The ads feature flying elephants, rubber ducks, an apple and an orange, a cat and a goldfish. Lots of imagination but where's the grab that makes a firm dramatically stand out? Is the self-interest of the audience being served?

Memorable advertising, the only kind that works, must connect to the emotions and memories of the audience.

IBM's “Think” wasn't about computers. In fact, “Think” was created by then CEO Tom Watson around the time IBM entered the computing business during World War II. Today a comparable newcomer, Apple, competes against IBM in the personal computer industry. Their theme, “Think Different” appeals to Apple's more creative audience. And it's a dig at IBM. Think Different's ad campaign used billboards almost exclusively, featuring people who think different, from Bob Dylan to Einstein. The essence of simplicity captured the essence of a company. It was the work of a handful of people and a CEO/Founder who recognizes, demands and protects great creative work.

Notice how neither IBM nor Apple got caught up in the industry jargon – “flexible, user-friendly, robust, intuitive.” How often do you see, “global, service-oriented, solutions, reliable” in law firm ads? More than you remember, that's for sure. The best law firm ads avoid the jargon.

Law firms, when it comes to advertising, should demand that their creative campaigns stand out. And mean it when they say it. Blending in is not the answer. Insist that your agency use the power of language to help your firm stand out. Don't expect this to come from a design firm.

Remember what one of the great lyricists of our time, Stephen Sondheim, said: “Reduction releases power.” When he brings his plays to Broadway from tryouts in Boston and New Haven, he sits with the audience in those cities and gauges their reaction to the songs. He gets from the audience's reaction a better sense of what works and eliminates what doesn't. Sondheim's belief that reduction releases power should be taken to heart by anyone with any responsibility for their firm's advertising.

Another example of the power of language can be seen in a draft of the address President Roosevelt gave to the nation the day after Pearl Harbor was attacked. In the opening paragraph, the speech reads: “This day will live in world history.” President Roosevelt crossed out “world history” and wrote “infamy.” That helps explain why the speech is memorable. Without infamy memorability would be lost.

Quickie Quiz

Finally, here are three questions attorneys charged with overseeing advertising should ask and answer honestly:

1. Does your advertising make sense fast?
2. Is your advertising interesting?
3. Does your advertising stand any chance of being remembered?

This test may not guarantee great advertising but it will expose advertising with no chance at all of connecting.

Memorability is what matters most in advertising. To be memorable, the advertising must be credible. Distinct. And most of all, relevant to the self-interest of the audience by which the advertiser wants to be remembered.

The question is: Why isn't most law firm advertising more memorable?

Holdouts Must Give In

More law firms are advertising than ever before. Although there are plenty of firms ' some of the biggest and most highly respected ' still holding out. Several years ago, the managing partner of one of New York City's most esteemed law firms said bluntly that his firm would never advertise. So far the firm never has. But for better or worse, the intensely competitive world of lawyers can no longer rely on word of mouth alone to expand their client base. Especially in the Expansion Era for law firms.

The best law firm advertising comes from clients. Take one of our law firm clients, for example. I can mention this particular ad without bragging because the firm created it before they hired us. The ad is a testimonial from the CEO of a high-profile, recognizable client, Neiman Marcus, one of the world's most prestigious retailers. The ad includes a great photograph of the CEO and what he says is a genuine tribute to Neiman's law firm. As law firms know clients are often reluctant to give testimonials. That's another reason the ad stands out.

The question remains: Why is so much law firm advertising so forgettable? I'm convinced this has to do in part with the structure of law firms.

Law firms are partnerships and partners expect to have their say in all areas, however slight their experience. Because consensus is so important to partners ' and their egos. But the only consensus that should be sought from partners concerning advertising is to define what the firm realistically wants from its advertising. And the character the firm wants to project. They should then expect that character and reputation will be conveyed with imagination and flair. That should be left to the agency.

Be Different

Lawyers who think literally make advertising decisions that usually lead to safe, politically correct, sometimes self-serving, often boring, usually forgettable advertising. I'm looking at a recent, well-known legal publication. Lots of full-page law firm ads. (That's good for the publication.) The ads feature flying elephants, rubber ducks, an apple and an orange, a cat and a goldfish. Lots of imagination but where's the grab that makes a firm dramatically stand out? Is the self-interest of the audience being served?

Memorable advertising, the only kind that works, must connect to the emotions and memories of the audience.

IBM's “Think” wasn't about computers. In fact, “Think” was created by then CEO Tom Watson around the time IBM entered the computing business during World War II. Today a comparable newcomer, Apple, competes against IBM in the personal computer industry. Their theme, “Think Different” appeals to Apple's more creative audience. And it's a dig at IBM. Think Different's ad campaign used billboards almost exclusively, featuring people who think different, from Bob Dylan to Einstein. The essence of simplicity captured the essence of a company. It was the work of a handful of people and a CEO/Founder who recognizes, demands and protects great creative work.

Notice how neither IBM nor Apple got caught up in the industry jargon – “flexible, user-friendly, robust, intuitive.” How often do you see, “global, service-oriented, solutions, reliable” in law firm ads? More than you remember, that's for sure. The best law firm ads avoid the jargon.

Law firms, when it comes to advertising, should demand that their creative campaigns stand out. And mean it when they say it. Blending in is not the answer. Insist that your agency use the power of language to help your firm stand out. Don't expect this to come from a design firm.

Remember what one of the great lyricists of our time, Stephen Sondheim, said: “Reduction releases power.” When he brings his plays to Broadway from tryouts in Boston and New Haven, he sits with the audience in those cities and gauges their reaction to the songs. He gets from the audience's reaction a better sense of what works and eliminates what doesn't. Sondheim's belief that reduction releases power should be taken to heart by anyone with any responsibility for their firm's advertising.

Another example of the power of language can be seen in a draft of the address President Roosevelt gave to the nation the day after Pearl Harbor was attacked. In the opening paragraph, the speech reads: “This day will live in world history.” President Roosevelt crossed out “world history” and wrote “infamy.” That helps explain why the speech is memorable. Without infamy memorability would be lost.

Quickie Quiz

Finally, here are three questions attorneys charged with overseeing advertising should ask and answer honestly:

1. Does your advertising make sense fast?
2. Is your advertising interesting?
3. Does your advertising stand any chance of being remembered?

This test may not guarantee great advertising but it will expose advertising with no chance at all of connecting.