<b>Op Ed</b> Extreme Makeover: Law Firm Edition

While doing my research for the MLF 50, there was a moment in time when it suddenly became clear to me that, for the most part, law firm management still doesn't understand marketing and what it can ' and more importantly cannot ' do for a firm. When it comes to marketing, lawyers are still in the “everyone else is doing it so we better do it too” mode. Without regard to actually making a concerted effort to understand marketing, the unfinished agenda of law firm marketing programs spills out on to the streets and are left at the curb of every city and town in the United States.

Let's face facts. There may be 50 firms that are doing some great things that will impact their respective firms; but in reality, most marketing programs are doomed to fail because of the lack of commitment and vision on the part of the partnership and the management of law firms. And frankly speaking, CMOs and Directors are not doing a good job of explaining themselves. Most of them act like employees instead of using leadership skills to go toe-to-toe with management on why marketing is important.

It's not about a strategy or a plan; it's about making a credible case as to what marketing can and cannot do for a firm, and it needs to be based in reality with the appropriate needs assessment as part of that reality. If you cannot articulate the vision, you'll never get the commitment. It's that simple.

Market Share Anyone?

Since the beginning of time, law firms have earned loyalty from their clients by a) doing good legal work, and b) forming relationships with their clients. And the bad news is that the firms think that nothing has changed. Wrong. Do the words “market share” mean anything to these “head in the sand” individuals? Corporate America is going to get the most it can out of outside counsel, and it achieves this in a variety of ways ' mostly by using the simple formula of better, cheaper and faster. And so, all the marketing strategies in the world are not going to impact the bottom line if, at the end of the day, the result is getting it done and getting it done right. We're not speaking here of high-profile corporate mergers or “bet the farm” litigation. We're speaking here of day-to-day, ongoing representations. I talk with lawyers all day long, and the reality is that partnerships don't' much care about marketing. What they care about is practicing law (duh!), staying in business and yes, making money (no surprise here). And if, per chance, marketing can help them with that, without costing them any more money, all the better.

Most lawyers will tell you that they do not believe that there is a marketing strategy that works better than the good old-fashioned client relationship model, and, as I said, just being the best at what you do. Well, that was the case for many years, but take note of the fact that some of the best firms are losing their market share. Gone are the days when there are really any institutional clients. General Counsel are always on the lookout for a firm that can provide them with excellent representation ' and it doesn't always mean the usual suspects.

Three Ds Plus

In my view, those in power in firms need to know that marketing must be viewed in what I call “3-D + G 1″:

• Define.
• Distinguish.
• Develop.
• Deliver.

No strategy, plan or program can be successful without the notion that all marketing can do and can achieve for a law firm can be summed up by defining, distinguishing, developing and delivering. Law firm marketing cannot save a failing firm. Law firm marketing cannot make an “Avon Lady” or “Fuller Brush Man” sales force out of professionals who have spent their careers counseling and advising ' and it should not try to do so. Law firm marketing cannot invent or improve product (last I checked there were no R&D areas within law firms but maybe there should be.) And don't try and tell me that when research is done for a response to an RFP, it develops a new practice area … that's just not so.

Time for a Makeover

For all it is not, law firm marketing can do some measured and quite remarkable things ' all while being viewed in 3-D +1: Law firm marketing can define a firm that has otherwise had no definition or nothing that sets it apart. It can highlight the strengths of the firm and can, with the right approach, change the focus of a firm. Law firm marketing can distinguish a firm by its record as a firm and the record of its people. If the right CMO or Director is in place, law firm marketing can develop the planning requisite to attaining and sustaining market share (a subject which I believe is key to any successful marketing program). This aspect also addresses its capability and the manner in which the message and the services are delivered.

Defining a firm is often a difficult task. For every partner, there is a different view. For litigators, it's about winning; for corporate attorneys, it's about relationships; for trust and estates attorneys, it's about empathy and understanding. When you read most descriptions of law firms, you see competing definitions. None are seamless, and none give a true picture of what the firm really stands for. That's a problem and it needs a makeover!

Distinguishing a firm is by far the most important aspect of what marketing can do for a law firm. We see it by the national law firms moving into the New York area. Clearly, national firms want to distinguish themselves to attract New York law firm institutional clients. They are doing this in a variety of ways, including involvement in New York-based charities, organizations and bar activities … some with success. It's amazing to see the presence of out-of-town firms invading every aspect of New York life. The bad news here is that the New York firms haven't figured out how to compete. They view marketing as reinforcement of the obvious … we're the best and we'll always be the best … shortsighted to be sure.

The end result of developing can be viewed at several levels. However, the most important aspect of any marketing and communications plan is the fact that the results should impact the bottom line, and that means attaining or sustaining market share. Here's the major aspect of marketing that creates the rankings among firms.

Delivering the message is also a key element of any successful marketing program. Many firms have in-house communications departments. Others outsource this function. It is just not about getting quoted or having slick ad campaigns. It is about how the consumer of legal services views a firm. Client surveys can help with this, but like Corporate America, I have always believed that utilizing focus groups before embarking on an ad campaign can make the difference.

The wake up call has been sounded. I'm waiting and anticipating ' for some firms something tells me I'm going to be waiting a long time!

' Elizabeth Anne “Betiayn” Tursi, Editor-in-Chief

While doing my research for the MLF 50, there was a moment in time when it suddenly became clear to me that, for the most part, law firm management still doesn't understand marketing and what it can ' and more importantly cannot ' do for a firm. When it comes to marketing, lawyers are still in the “everyone else is doing it so we better do it too” mode. Without regard to actually making a concerted effort to understand marketing, the unfinished agenda of law firm marketing programs spills out on to the streets and are left at the curb of every city and town in the United States.

Let's face facts. There may be 50 firms that are doing some great things that will impact their respective firms; but in reality, most marketing programs are doomed to fail because of the lack of commitment and vision on the part of the partnership and the management of law firms. And frankly speaking, CMOs and Directors are not doing a good job of explaining themselves. Most of them act like employees instead of using leadership skills to go toe-to-toe with management on why marketing is important.

It's not about a strategy or a plan; it's about making a credible case as to what marketing can and cannot do for a firm, and it needs to be based in reality with the appropriate needs assessment as part of that reality. If you cannot articulate the vision, you'll never get the commitment. It's that simple.

Market Share Anyone?

Since the beginning of time, law firms have earned loyalty from their clients by a) doing good legal work, and b) forming relationships with their clients. And the bad news is that the firms think that nothing has changed. Wrong. Do the words “market share” mean anything to these “head in the sand” individuals? Corporate America is going to get the most it can out of outside counsel, and it achieves this in a variety of ways ' mostly by using the simple formula of better, cheaper and faster. And so, all the marketing strategies in the world are not going to impact the bottom line if, at the end of the day, the result is getting it done and getting it done right. We're not speaking here of high-profile corporate mergers or “bet the farm” litigation. We're speaking here of day-to-day, ongoing representations. I talk with lawyers all day long, and the reality is that partnerships don't' much care about marketing. What they care about is practicing law (duh!), staying in business and yes, making money (no surprise here). And if, per chance, marketing can help them with that, without costing them any more money, all the better.

Most lawyers will tell you that they do not believe that there is a marketing strategy that works better than the good old-fashioned client relationship model, and, as I said, just being the best at what you do. Well, that was the case for many years, but take note of the fact that some of the best firms are losing their market share. Gone are the days when there are really any institutional clients. General Counsel are always on the lookout for a firm that can provide them with excellent representation ' and it doesn't always mean the usual suspects.

Three Ds Plus

In my view, those in power in firms need to know that marketing must be viewed in what I call “3-D + G 1″:

• Define.
• Distinguish.
• Develop.
• Deliver.

No strategy, plan or program can be successful without the notion that all marketing can do and can achieve for a law firm can be summed up by defining, distinguishing, developing and delivering. Law firm marketing cannot save a failing firm. Law firm marketing cannot make an “Avon Lady” or “Fuller Brush Man” sales force out of professionals who have spent their careers counseling and advising ' and it should not try to do so. Law firm marketing cannot invent or improve product (last I checked there were no R&D areas within law firms but maybe there should be.) And don't try and tell me that when research is done for a response to an RFP, it develops a new practice area … that's just not so.

Time for a Makeover

For all it is not, law firm marketing can do some measured and quite remarkable things ' all while being viewed in 3-D +1: Law firm marketing can define a firm that has otherwise had no definition or nothing that sets it apart. It can highlight the strengths of the firm and can, with the right approach, change the focus of a firm. Law firm marketing can distinguish a firm by its record as a firm and the record of its people. If the right CMO or Director is in place, law firm marketing can develop the planning requisite to attaining and sustaining market share (a subject which I believe is key to any successful marketing program). This aspect also addresses its capability and the manner in which the message and the services are delivered.

Defining a firm is often a difficult task. For every partner, there is a different view. For litigators, it's about winning; for corporate attorneys, it's about relationships; for trust and estates attorneys, it's about empathy and understanding. When you read most descriptions of law firms, you see competing definitions. None are seamless, and none give a true picture of what the firm really stands for. That's a problem and it needs a makeover!

Distinguishing a firm is by far the most important aspect of what marketing can do for a law firm. We see it by the national law firms moving into the New York area. Clearly, national firms want to distinguish themselves to attract New York law firm institutional clients. They are doing this in a variety of ways, including involvement in New York-based charities, organizations and bar activities … some with success. It's amazing to see the presence of out-of-town firms invading every aspect of New York life. The bad news here is that the New York firms haven't figured out how to compete. They view marketing as reinforcement of the obvious … we're the best and we'll always be the best … shortsighted to be sure.

The end result of developing can be viewed at several levels. However, the most important aspect of any marketing and communications plan is the fact that the results should impact the bottom line, and that means attaining or sustaining market share. Here's the major aspect of marketing that creates the rankings among firms.

Delivering the message is also a key element of any successful marketing program. Many firms have in-house communications departments. Others outsource this function. It is just not about getting quoted or having slick ad campaigns. It is about how the consumer of legal services views a firm. Client surveys can help with this, but like Corporate America, I have always believed that utilizing focus groups before embarking on an ad campaign can make the difference.

The wake up call has been sounded. I'm waiting and anticipating ' for some firms something tells me I'm going to be waiting a long time!

' Elizabeth Anne “Betiayn” Tursi, Editor-in-Chief