Substance Over Style As a Winning Combination

At the outset, let me say that while I would have liked to get the good counsel of the original advisory group in assisting with the final decision making in compiling the list, as I went through the close to 3 month process of evaluating each firm in order to create the list, it became abundantly clear to me that I needed to be at the helm as to: a) who would be on the list; and b) where each firm would rank on the list. I'm being perfectly honest with my readership because I think it is important to realize that if anyone has an issue with this list, the buck stops with me. I took great care in making the selections for this list, which I believe is reflective of the best marketing and communications programs within law firms.

The process was a difficult one. I was on the fence about many firms because, at least in my view, these firms did not meet the criteria of “defining, distinguishing, developing and delivering” (see the Op Ed Piece) a full service law firm marketing and communications program. Some firms did not provide substantive submissions and were automatically eliminated. Other firms did not provide submissions at all, but clearly have, over the years, demonstrated their willingness to accept and embrace marketing ' and in doing so have been able to move the agenda forward in the area of professional services marketing. Two firms on the list are not AmLaw 200 firms, but are included because they are doing significant things to impact their firms with great success, and are ultimately affecting the firm's bottom line. Some firms that would ordinarily be part of this list of 50 are missing. It is unfortunate that firms do not fully understand or appreciate the importance of marketing and communications, but nevertheless continue to throw money at their programs without analyzing their needs. The firms that made the list were chosen on the basis of their accomplishments and not as much about their staffing or budgets. While these aspects were taken into consideration, the number of staffers and the budgets did not affect the final listing. Some firms actually do quite a bit more with less staff and less money. As a veteran of law firm marketing and communications, I felt extremely confident in including these firms because I know what they are about and I know their people. The valuation of all the firms is reflective of programs that are differentiators in the world of law firms and in many ways mirror Corporate America's marketing programs.

I also wanted to mention here that I received submissions and inquiries from firms based outside the U.S. While I would have liked to include these firms on the list, I made the decision ' at least for this year ' that the list would be only U.S.-based firms. Having said that, I promised my colleagues in Canada that I would work on producing a future issue of MLF that would highlight their firms.

The Criteria

Just to reiterate the criteria for selection that was used to evaluate each firm:

• Marketing Strategy. Formal plan (ie, needs assessment, overall firm plan, target industries, practices area plans, proposal strategy for major engagements and new-business pipeline reports, cross marketing, individual marketing plans); an example of a success including implementation and cost; whether or not a yearly budget is created and the criteria used in creating the plan with line item examples; and examples of major new initiatives.
• Results. Measurable return-on-investment in specific efforts, how expenditures on specific strategies and tactics resulted in new matters, clients or additional profits.
• Marketing Department. Staffing including “who does what” and why; size of staff; deployment of staff; CMO/Director reporting requirements; committee (if applicable); process for integrating new professionals in to the team retention efforts; professional development opportunities for the marketing staff; ratio of professionals to lawyers; and cutting-edge positions.
• Communications/Public Relations/Media Relations. State objectives, strategies, planning and implementation. Where possible demonstrate integration with marketing programs. Tie results achieved to planned objectives. Estimate budget and whether internal or public relations agency resources spearheaded the efforts. Emphasize sustained efforts and proactive approaches to communicating with target audiences using internal and external communications to influence the visibility, image and reputation of the practice or firm. Describe specific ways external and internal communications strategies were used to demonstrate the knowledge of individual practitioners and/or firm. Explain ways your firm develops ongoing relationships with the news media to stimulate media inquiries, interviews, bylined articles, case histories, speaker platforms, seminars, trade shows and community involvement. Include examples of how your firm uses its Web site, internal communications, Web conferences, e-zines, blogs, etc. Quantify/measure results achie-ved contrasting pre- and post-program conditions.
• Commitment. Marketing requirements for partners and associates, training programs, percentage of gross revenue as applied to marketing; participation of marketing partner on governing body of firm.
• Advertising and Visual Communications. Approach, implementation and one example of a return on investment.
• Web Site and Firm Blogs. Development, look and feel, leads and clients from visitors and clients, increase in traffic or search engine ranking.
• Client Service Programs. Goal setting, client service teams, client surveys, metrics and ROI.
• Outreach. Community activities, pro bono and diversity programs that utilize marketing strategy and communications.

Not every firm that made the list included all of the criteria enumerated above. At my recommendation, some firms selected one or more of the criteria and focused on those areas of interest in which they stand out above all others. In the research I did for the firms that did not do formal submissions, I looked for firms that stood out in one or more of the criteria.

Highlights

While I do not have enough space to highlight all the firms, I am presenting some of the more important aspects of several marketing and communications programs that struck a chord as having well thought-out and meaningful programs that provide a glimpse into the substance over style world of law firm marketing and communications programs. In our regular October issue, other firms from the list will be presented.

The full list of the MLF 50 can be found here.

Bingham McCutchen

Bingham McCutchen came in at number one for a very good reason. They have a plan and an extremely sophisticated approach. Elizabeth G. “Libby” Chambers, the firm's Chief Marketing and Strategy Officer, has created a full-service, professional marketing and communications program that speaks to leadership, commitment, strategy and implementation. Frankly, and with no disrespect, only a couple of firms came close in describing their programs. While Bingham McCutchen's 2004-05 marketing and communications program was highly ambitious, each item was described in a manner that indicates where the firm is going and how it plans to achieve its goals. Bingham McCutchen intends to make their presence known in a variety of ways. First of all, they recognize where they are. They view themselves as quite far ahead in many respects:

• Leadership commitment and comfort level;
• Growth mindset;
• Appeal to marketing talent;
• Brand recognition emerging; and
• Foundational understanding among attorneys and staff.

They are also planning to do more in several areas:

• Branding;
• PR;
• Knowledge Management;
• Establishing client service teams;
• Education to advise lawyers on business development approaches; and
• Demonstrate clearer ROI for invest-ments; ex-post facto measurement in place.

Bingham McCutchen views the role of marketing as enabling the firm to become a leading national law firm. Their intention is to maximize to their full potential a practice-management model to drive organic growth, while supporting the design and implementation of practice group strategies and specific goals. Marketing resources are being deployed to practice groups and aligned to drive targeted client growth. As described in their submission, it's about “planning the work” and “working the plan.” They are also driving marketing and practice group business-development related spending to determine marketing priorities, and in doing so, aligning dollars to highest impact opportunities throughout the firm, the practice groups and their offices. Everything is being evaluated with an “ROI mentality” and appropriate tracking. Bingham McCutchen is focusing its advertising message to continue to build its brand. It is also looking to narrow its message to support targeted objectives (by practice, different talent markets). In sum, the firm believes that the role of marketing and communications is as follows:

• To raise Bingham's external profile significantly, based on firm's success stories;
• To have the best lawyers, best clients, best work;
• To expand activities in talent markets, other communities;
• To leverage contacts for proactive outreach ' enable client/prospect communications in a timely, targeted manner;
• To continue to develop customized and tailored visual communication materials to maximize pitch and proposal processes to better respond to opportunities and ensure balanced approach;
• To support cross-marketing within major clients;
• To identify and pursue new business opportunities rapidly based on market and client intelligence;
• To create lead generation capabilities;
• To support local office marketing needs while primarily driving practice-specific objectives; and
• To get everyone on the same “strategic” page and make everyone (Management, PGLs, Partners, lawyers, professional staff, administrative) feel connected and understand the role they play in achieving the goals.

While the full plan could not be produced here, what follows is an example of how Bingham McCutchen rolls out a goal-oriented marketing project ' in this case that of Prioritization ' which is key in approaching any of the above objectives:

• Goal: PRIORITIZATION. Driving Marketing and Practice Group spending to key strategic and client priorities on a firm wide, practice group and office basis:
  • Align dollars to highest impact opportunities, and evaluate everything with an ROI mentality;
  • Reduce fragmentation ' strive for more concentration on fewer activities;
  • “Insource” from vendors for greater cost control;
  • Bring all marketing-related costs in the firm under one umbrella for better transparency; and
  • Budget tracking simplified for PGLs and Area Leaders; information management in place.
• Lessons learned:
  • Marketing team clarification on starting point in most areas.
  • Earlier practice area leader involvement improves decision making.
  • Some simple changes to G/L codes and tracking systems. Ongoing tracking will enable mid-year redeployment.
• Results:
  • Total 2005 PG and Area budgets up significantly ' in support of business plans; with significantly better alignment between firm's strategic priorities and expected spending patterns.
  • YTD PGs and Areas are running under budget, Marketing overall is favorable to budget; some seasonality effect. PGs and Areas are on a path to expand activity to budgeted levels.

Clearly Bingham McCutchen has an overall plan that speaks to its understanding of how the firm wants to be perceived, how it wants to grow and how marketing and communications is integral to its objectives.

Duane Morris

Duane Morris is being singled out in three areas: leadership in marketing; its utilization of technology to foster business development; and the marketing of its affiliate businesses. Under Edward M. Schechter, the firm's Chief Marketing Officer, Duane Morris has developed a marketing and communications strategy and implemented a plan that has moved the firm from being a regional Philadelphia presence to an international firm. The firm supports its attorneys in the practice of law with a myriad of resources. Trade publications have placed Duane Morris in the upper echelon of firms in terms of utilizing technology. Hundreds of lawyers working around the globe quickly communicate and collaborate using the firm's integrated computer network, accessing sophisticated research software, information-rich databases, and other knowledge-sharing tools. Duane Morris' clients also benefit from the contributions of professional-level support staff who maintain the firm's technological and administrative infrastructure and enable lawyers to focus on providing valuable counsel and service to their clients.

Without the support of upper management down to the front-line personnel who will be using the technology, the initiative will fail. Some employees can be rather proprietary about the information they're required to load into a shared database. Schechter knew that the 550-plus lawyers at the firm would bristle at sharing their client contacts, so he persuaded the chairman, the executive committee and the partners to lead by example and add their contacts to the system. To further encourage the staff to use the system, Schechter took a few frequently used components – form letters, memo templates and mailing labels ' and made them executable only through the new system. The combination of system design and partner leadership yielded 100% participation. “You have to give them a reason to use it,” says Schechter.

Duane Morris has established a number of independent affiliates in non-law fields in addition to the law firm's full range of legal services. By bringing together specialists from a variety of other disciplines and industry backgrounds, these businesses strive to respond to the firm's business objectives pursuant to separate, non-legal services engagements.

The affiliate businesses that compliment the firm's overall practice are driven by both the commitment of the firm ' especially that of the firm's Chair and CEO, Sheldon Bonovitz ' and the support of marketing and communications to enhance the profile of these businesses. The firm owns about 10 businesses, most of which have little to do with legal services. The profile of these businesses and the firm have been linked via marketing and communications, and have clearly been a catalyst in creating a highly driven and successful marketing and public relations program.

Goodwin Procter

Goodwin Procter's positioning efforts and marketing strategy begin with, and are based upon, the firm's overall vision, values, objectives and overall strategy. Anne Malloy Tucker, the firm's Chief Marketing Officer, believes that the strength of a firm's marketing initiatives is grounded in the strength of its overall strategic plan. The firm is actively involved in driving and participating in the firm's strategic and business planning efforts.

The firm's strategy begins with the development of an overall firm-wide plan and fully integrated marketing plans for each of its areas of strategic focus as defined through the firm-wide strategic planning process ' private equity, technology companies, intellectual property, financial services, real estate capital markets and products liability. The plans, based upon each practice's annual business plan, include a client development and relationship building component, prospect lists coupled with individual attorney action plans, and tactical components involving public/media relations, industry conferences and events and collateral materials.

The firm's mantra is “consistency and alignment” when it comes to internal and external communications. All efforts are coordinated through in-house managers, and use the resources of outsourced design, advertising and public relations agencies. For each practice area, a plan is developed that includes direct mail, client alerts and newsletters, a media outreach plan and sponsorships and special events. Goodwin Procter has had great success with things such as Year-End Toolkits for Public Companies, a weekly electronic Financial Services Alert, and a system of ensuring that the firm is mentioned in client press releases concerning completed deals and transactions, among others.

A yearly budget is developed based on supporting the overall firm-wide objectives and practice plans. For FY06, the planning process will take place throughout the summer, with an October 1 implementation date.

Some of the areas of focus for FY06 include the further development of client teams, which were piloted in FY05, market research for each of the major practices, and a more fully developed business development and referral tracking system across the firm.

The firm used the following metrics, among others, to measure the overall effectiveness of various marketing initiatives and programs:

• Opportunity tracking module within its CRM system (InterAction);
• Proposal win/loss/pending/no action tracking system (stand alone database);
• A cost/benefit analysis after each major event or sponsorship;
• Redwood Analytics software to measure specific growth of services to existing clients; and
• Growth of key clients in general.

The utility of external benchmarks and market research (proprietary and non) to measure name recognition, market perceptions and “brand awareness” was also in play and was carefully monitored and measured.

The marketing department is structured into four basic areas: marketing, communication, public relations and business development. Of note, I believe, is the length of time many of the firm's senior professionals have been with the firm. Given that the average shelf life of today's law firm CMO is slightly less than 2 years, and that the department was formed in 1999, these numbers reflect well on the firm's commitment to marketing as a whole.

• Chief Marketing Officer: 5.5 years (first hired as Director of Marketing).
• Director of Marketing: 5.5 years (first hired as Senior Mktg. Manager).
• Senior Marketing Manager: 1 year.
• Senior Communications Manager: 4 years.
• Public Relations Manager: 4 years.
• Senior Graphic Designer: 5 years.
• Communications Specialist: 5 years.
• Marketing Specialist: 2 years.
• Business Development Manager: 1 year (new role as of 2004).
• Events Specialist: 3 years.
• Events Coordinator: 2 years.
• New Media Specialist: 7 years.
• Database Specialist: 10+ years.
• Admin #1: 10+ years.
• Admin #2: 10+ years.
• Admin #3: 3 years.
• Database Administrator: 2 years.

Associates, Partners, Practice Leaders and Department Chairs are required to spend between 100 and 400 hours on “investment time” annually, depending on their role. Investment time includes those activities ' such as marketing, knowledge management and training ' that move the firm as a whole forward.

Jones Day

Jones Day entered the marketing arena early. Their first marketing manager was appointed in the mid-1980s. By the late 1980s, they had hired a “real” marketing director. By the time Cherie Olland, Global Director of Business Development and Com-munications, came on the scene in 1991, the firm had made steady forward progress ' not only toward establishing a true marketing function, but also toward establishing pockets of “believers” within the lawyer ranks. That incremental forward motion created the momentum that has led Jones Day to where it is today: One of the most active and experienced marketing organizations of any large firm ” an organization that has seen the firm more than double in size over the course of a decade.

Cherie describes the firms marketing as an “in your face” approach living under the umbrella of a firm-wide growth and development strategy. Jones Day tests everything that they do for consistency with the overall strategy. Their go-to-market strategy concentrates first in directing the firm's resources and efforts toward client-facing activities, and second, on focusing their efforts on narrowly targeted and defined audiences. Examples of current activities include specialized programs covering events, client service, international calling, and business intelligence.

Their “show me the money” philosophy is that marketing is a long-term investment and that they need to give specific efforts sufficient time to yield results. For every client-facing activity, the firm tracks the corresponding movement of the bottom line. This helps to direct their efforts toward opportunities that yield consistently good results, and to discontinue investing when the return is questionable. Although the firm does not disclose revenue or budget figures, it is noted that the percentage growth in the firm's revenue has outpaced the percentage growth in the marketing budget by a factor of two.

The marketing department at Jones Day is composed of approximately 50 individuals, 27 of whom have regional responsibilities in offices around the globe. The others have firm-wide responsibilities across functions. The department has grown organically and in response to a changing and increasingly sophisticated market.

One of the highlights of Jones Day's commitment to marketing and communications is a major 18-month project to develop its third-generation Web site (http://www.jonesday.com/), which concluded with the launch of the new site in April 2005. This project rebuilt every aspect of their Web site. The hypothesis is that visitors to their site are most interested in learning what the firm has done; clients do not hire firms like Jones Day by surfing the Web. The firm's site is anchored by a powerful search engine that allows visitors to search the firm's experience across a range of parameters. It took a team of six temporary employees 2 months, working 6 days a week, to do the initial site load. A team of three temporary proofreaders followed them, reading every page of the site for consistency and correctness.

Although the firm received comments about the site's usefulness from a number of clients, an unexpected benefit has been its usefulness internally ' particularly valuable in a firm the size of Jones Day, where understanding the global inventory of the firm can be daunting. Their traffic statistics ' filtered of Jones Day internal visits ' currently log more than 75,000 unique visits a month! Very impressive.

Latham & Watkins

As law firm marketing and communications programs have become more sophisticated and competitive, Latham & Watkins has developed a dynamic structure and strategy throughout its worldwide network of 22 offices. Best described as a “think globally, act locally” approach, led by Chief Marketing Officer, Despina Kartson (based in New York), the Latham global business development (BD) team includes more than 70 staff members. Senior managers head up the major business development BD functions at the global level: Practice Area Development; Client Programs; Creative Services; Public Relations & Internal Communications; Information Systems; Research & Analysis; and U.S. and European Business Development. Local office managers coordinate with the global managers and together form teams that are responsive to the particular needs of an office, practice group, client prospect or project. This inclusive, flexible and non-hierarchal approach ensures that the correct talent and resources are brought to bear ' much in the same manner Latham's attorneys approach their client mandates.

The business development team regularly shares best practices via conference calls and team meetings to both spread effective tactics throughout the firm and leverage successes (eg, positive media coverage is used in presentations and practice-specific promotional materials). This ensures that the global resources, priorities and strengths of the firm are applied locally. In addition, as business development initiatives increasingly span multiple

markets and require multiple business development input, this “think tank” approach facilitates sharing of experience, local market knowledge and ideas. Among the business development team, more than 1,300 pitches, proposals and RFPs were completed in 2004 ' many of which required collaboration across multiple markets and multiple practice areas. The data analysis and research team responded to more than 100 league tables and law firm surveys in 2004. These closely watched market rankings are important grist for the business development mill, and are utilized for a range of business development materials and initiatives. Efforts are under way within the department to apply return-on-investment measurements across the spectrum of business development projects. This includes tracking the costs and resources dedicated to specific initiatives while soliciting feedback from both internal and external sources on their success.

Some of the highlights of the firms program include:

• Developing an online resource center for the firm, providing attorneys with 24/7, easy access to Latham's business development and marketing tools; which consist of a range of products and services incorporating logos, design and brand guides to archive pitch and proposal materials, from client contacts and alumni information to seminar and event calendar, from press releases, news clips and attorney byline articles to office and practice marketing and business development plans.
• The firm's attorneys participated in more than 360 seminars and events in 2004, attended by thousands of participants. An in-house creative services team designs and distributes publications to an extensive database of clients and contacts that is managed by the department's information systems team.
• An alumni relations program that has taken on added significance as Latham has grown in size and scope, with alumni joining various business and governmental organizations. The firm recently launched an alumni network program built around a Web site dedicated to the unique needs and interests of alumni.
• A sophisticated public relations program that links media-friendly processes to the business development goals of the firm – for instance, by providing timely information to the media on deals and cases handled by Latham, as well as developing “source” relationships that allow the firm's attorneys to serve as commentators on important business trends and issues. The program also regularly highlights the pro bono, diversity and community service initiatives of the firm. The public relations team uses on-line tools to research media coverage, manage editorial contacts, and keep attorneys and clients abreast of major developments.
• A global rollout of a contact management system to the majority of the firm's offices, led by the information systems team. This implementation, the first worldwide deployment of a firm the size of Latham & Watkins, has generated a massive database of contacts and relationships.

Latham & Watkins is by definition a fully integrated, multi-layered marketing and communications powerhouse.

Dorsey & Whitney

Led by Chief Marketing & Sales Officer Adam Stock, the industry-leading marketing and sales department of Dorsey & Whitney is organized by region and area of focus. The marketing team is a committed group of professionals whose expertise includes sales, communication, marketing, research and technology.

Dorsey & Whitney's efforts and projects are action-oriented to keep their attorneys in front of clients and prospects. One example is their individual and practice group marketing and sales plans. These 60-90 day rolling action plans include activities based on:

• Face to Face Contact ' Protect and grow your business;
• Building reputation and visibility;
• Community outreach and networking; and
• Marketing skills and tools (eg, marketing & sales training, updating bios, personal coaching, e-presentations).

The firm has increased its focus to include industry-driven marketing and business development for Life Sciences (Provider, Bio-Science, and Payer) and Financial Services (Banking, Securities & Investment firms, and Insurance). These initiatives include prospect meetings, partnerships, pitches and sponsorships. The team's platform and strengths are best highlighted by discussing the following areas of emphasis:

• Client Service Programs;
• Results; and
• Marketing Department.

Dorsey's philosophy to client service is more than an initiative; it is a way of doing business. The firm has instituted more than 30 client service teams that span various Dorsey offices and include multiple practices. The formation of these teams include checklists to cover financial trend analysis, tools to effectively communicate (blogs, extranets, and e-mail groups), and formalized goals. This internally developed software allows the firm to determine trends, practice/office utilization and opportunities for growth.

This also includes training for attorney team leaders on effectively running a team and maintaining a client focus. The firm has also established a process for gathering client feedback to include both in-person visits and electronic surveys. With the feedback the firm has been able to identify areas for enhanced service delivery, adjust team players, and maintain positive efforts.

With dedicated sales professionals on staff, the measurement of results is not solely anecdotal. Dorsey & Whitney has established a pipeline management tool that allows them to track the various sales efforts of its attorneys across 19 offices and various practice groups. (A screen shot of the application appears below.) This application also allows the firm to link to the materials created (within a document management system) for that particular pitch.

The firm continually seeks proactive ways to service its clients and cross sell to them but only “when it makes sense for them!” An example that Dorsey & Whitney provided is featured:

“Recent legislation has changed the rules on deferred compensation (Rule 409A). Instead of merely sending out a Client Advise Memo (CAM), we mobilized to integrate our relationships firm wide. This included a teleconference with our Corporate Group Leader, a Tax Specialist and a Benefits & Compensation partner. We scripted the effects these rules would have on our clients, identified clients that would be affected, and got on the phone to personally contact clients. This team approach demonstrates our integration between offices and practices, our proactive service focus, and attorney willingness to cross-sell. It is important to state this effort led to 44 new clients within our Benefits and Compensation group and more than $750,000 in billings.”

One other point about Dorsey & Whitney: Their commitment to their marketing department. The firm has a team of 20 professionals with three areas of emphasis Marketing, Communications and Sales. With these professionals located throughout the Dorsey platform, team building and continuity are extremely important. The firm looks for opportunities to bring everyone together to learn, share and have fun! For example, the firm recently held a two-day Marketing and Sales department retreat that fostered team building and professional development. It included outside consultants, practical workshops, best practices discussions, technology training, and a cooking class.

Day, Berry & Howard

Day, Berry & Howard's Marketing Program is lead by its Chief Marketing Officer, Roberta Montafia, and finds its roots in the mission statement and firm goals established through strategic planning by the firm's Executive Committee in the Spring of 2004.

The marketing plan is primarily focused on client service and business development. To ensure the validity of plan, the first substantial action item to be undertaken was a comprehensive research program. The program had three parts: Assessment of the firm's position in the marketplace in four main geographic areas served by the firm; a survey of the firm's top clients to gain their insights into the firm's legal product and performance; and an internal, firm wide exploration of its “values.”

The total findings of this research program, which concluded this past summer, are being used to refine the marketing plan in order to focus resources in the geographies and industries/practice areas where Day, Berry & Howard's research indicates growth. The results are also being used to develop the messaging desirable to support the growth plan.

In the firm's business-development efforts, substantial progress has been made in in transitioning the firm from a traditional reactive marketing stance to one with a sales and service culture that places emphasis on relationship building, an understanding of individual client needs, industry trends and competitive intelligence, and proper execution during all phases of the sales cycle. Business development and sales training programs have been initiated at all levels of the firm's legal staff ' associate, counsel and partner. Client teams are in the process of being formed to act on the insights gained through the client survey program and to provide deeper and more responsive service to key clients.

The firm has also identified areas of differentiation and is leveraging its strengths to reinforce that differentiation. One prime example (and something that this author feels very strongly about) is the firm's highly successful Women Working Together, (WWT) program, which crosses all firm geographies and is dedicated to promoting women's issues inside and outside the firm. Long a hallmark of the firm, WWT has now become a focal point of the firm's client value proposition. WWT, a forum for women lawyers at the firm, is the manifestation of a supportive environment for women at the firm and serves as a vehicle for supporting women's initiatives in the community at large. By filling this role, WWT serves as a visible component of the firm's community service program, it furthers the strategic firm goals and provides opportunities for DBH women to succeed and become leaders in the legal community.

Communications is a significant component of the firm's plan. Supportive of the strategic goals, and containing both an internal and external elements, communications are designed to define the firm in consistent terms and raise the profile of the firm in both its historic “home” geographies and in those areas targeted by the firm for growth. The strategy behind the program is twofold: Identify, cultivate and train a cadre of partners who are able to both write and speak to the press on substantive legal topics; and, importantly, ensure all members of the firm develop an understanding of who the firm is and what they stand for in order to provide a consistent client experience.

The external component centers on four practice areas and two geographic areas of strategic importance identified by the Executive Committee for growth. The program is designed to provide: Strategic counsel/planning with an established PR consulting firm; direct lawyer input sessions by office and practice group; quarterly goal setting and corporate message development/refinement; and core programs that include targeted media relations (top 10-12 media outlets) ' an ongoing news program involving three to four press releases per quarter, assistance with communications tools development, and measurement.

The firm began with a series of introductory meetings conducted at practice- and office-specific groups of targeted areas. These sessions were quickly followed up with focused, brainstorming sessions at which the PR consultants, representative lawyers and marketing staff considered the possible story lines that could be established for each group, the target audiences for such story lines and the strategies deemed to have the highest probability of success. A roster of lawyers available to the media for comment on various areas of the firm's practice generally, and those of strategic importance specifically, was created. The program is enhanced with PR coaching, media preparation sessions and briefing documents to assist the lawyers on an as-needed basis with their growing role as commentators, authors and spokesmen.

Ongoing outreach to the media has been met with some notable successes. Seizing on the opportunities created by high profile cases in the areas of corporate wrongdoing, eminent domain/property rights and the death penalty, members of the government investigations and appellate practice groups were quickly identified as valuable resources by reporters at a number of high-profile publications, and the firm was soon appearing in interviews and/or coverage in publications such as BusinessWeek, The New York Times, USA Today and The Financial Times.

Internal communications is also a major component. Kicking off the firm's client service focus, the Chair of the Executive Committee and the Chief Marketing Officer, conducted 23 “town meetings” throughout the firm to introduce and educate all members of the firm on the client service initiative. From there, value workshops were conducted, which spawned the creation of a service standards task force and a newly formed communications subcommittee. The result is a communications program to supplement the “legacy” system by creating a communications framework. The various vehicle includes “town meetings,” video messaging for both Web and traditional presentation, printed materials, participation incentives and fun, and creation of a “communications pipeline” through which information about firm-wide initiatives is disseminated to internal firm constituencies via function-specific discussion groups aimed at driving conversation to the level of “what does this mean to me and how do my actions support the achievement of the firm's strategic goals?”

The newly revamped and now-defined communications program is being used as yet another tool available to support achievement of the firm's strategic goals.

Jenkens & Gilchrist

Allen Fuqua, Jenkens & Gilchrist's Director of Marketing reports that in 2002, Jenkens & Gilchrist worked with the Bain & Company consulting group to develop a strategic plan. From a comprehensive review of the firm's business, history and current opportunities, a strategy was developed that continues to guide the firm's marketing projects and plans. In short, it revolves around making a significant investment in the development and growth opportunities with key clients.

In 2003, a Tier 1 Program-Large Account Team Program was initiated. This program focused on developing teams around accounts that generated mid-six figure collections, had the potential to generate seven-figure annual billings, and could grow 20% per year. Based on these criteria, the firm initially developed teams around some 20 accounts, developed a training program for the team leaders, allocated dedicated funds for business development and training support, and assigned staff marketing managers to each team to assist and facilitate pursuit of the opportunities. Year one (actually 9 months) saw an 11% increase in collections on a year-to-year basis. Continuing through 2004, the firm saw a 16% increase in collections on a year-to-year basis as the funding was increased.

Team composition emphasized increased involvement from the firm's offices across the country and an increase in practice groups involved with each client. At the end of 2003, over 80 shareholder attorneys were involved as core members of at least one team. All practice groups were represented as well as every office in the firm. 2004, saw similar involvement, though at a more mature level. In-house CLE presentations and high-end client entertainment and client team events became normal best practices for the leading teams.

Each year, a budget is established around four major marketing investment areas (the areas below represent 90% of the marketing budget; the rest would be salaries, directories, holiday cards/gifts, national visibility including media relations, etc):

• Key account growth and support provides for support of the Tier 1 program noted above, key business development initiatives and cross marketing efforts including special international efforts.
• Each office is given dedicated funds for local efforts focusing on key clients, visibility, charity, events, etc.
• Each shareholder has a locally administered pool of money for business-development efforts, irrespective of national and local office efforts.
• Department practice group marketing support.

In the last few years, Jenkens & Gilchrist went from one of the nation's fastest growing law firms to a firm riddled with communications challenges. Those challenges included: A major class action lawsuit that threatened the future of the firm and was featured prominently in national and regional media; a new business strategy that led to layoffs and defections of key individuals and practice groups that reduced attorney counts by half; two changes in national chairmen in 3 years (after 12 years under one leader); the departure of its entire New York office; and rumors of instability prompting firms and headhunters to circle the waters.

The marketing team implemented an aggressive litigation media-relations and internal issues management strategy. The firm's attorneys were provided with tools and resources to keep clients and friends of the firm updated, and to reassure them of continued high levels of client service. National leadership provided attorneys and staff with weekly progress reports and consistently reaffirmed the firm's potential going forward. The marketing team worked closely with reporters to ensure that negative assertions never went unchallenged, and that the firm's message would always be included. This more transparent approach led to more positive opportunities after the crises slowed. Leadership held face-to-face meetings, and regular video teleconferences with attorneys and staff across the firm.

Despite the many obstacles faced by the firm in recent years, no clients left the firm as a result of external perception factors. A recent internal communications survey indicated that marketing has been successful inside the firm too. More than 70% of employees feel that internal communications have improved in the past year. Also, more than 75% feel optimistic about the firm's future. And incredibly, more than 90% feel proud to be a part of Jenkens & Gilchrist.

Holland & Hart

Holland & Hart's marketing program is headed up by their Chief Marketing Officer, Mark Beese. They have an interesting story to tell. In June 2001, Holland & Hart was the largest firm in Denver, but facing stiff competition from both local and national firms. A recent survey of potential clients showed that the firm was well respected, but did not claim the top spot in terms of reputation, first choice to hire or awareness. Absent a marketing director for almost 2 years, they hired a CMO and a staff of six to support 240 attorneys in 11 offices across six states.

In 2001, the CMO went on a “listening tour” (a.k.a, needs assessment) to meet attorneys in each of the offices and developed a written marketing plan that included:

• Development of a new brand, logo, and visual identity;
• Regional and National Advertising;
• Targeted PR Events and Sponsorships;
• Client Service Training;
• Key Client Care Program;
• Client Teams;
• Business Development Training;
• Web Site Upgrade and Electronic Media; and
• Proposal and Content Management Center.

Each year the firm publishes a “state of marketing” report using various metrics to evaluate the effectiveness of marketing activities, lessons learned, and budget results. The report precedes the marketing plan update and budget proposal for the next year.

The strategic positioning statement that drives all marketing activities is: “Holland & Hart is the leading law firm in the Mountain West.” Key messages are: 1) Leadership; 2) Good People; and 3) Excellent Service.

The “new” marketing team needed to gain credibility and awareness among their “clients” ' the lawyers and staff of the firm. The staff branded itself as an in-house marketing agency called, “Imaginate” ' complete with account managers who learn the business of, and treat industry/practice groups as, clients. They launched www.imagine-8.com with an online directory, marketing tips, and a blog. The team consists of the CMO, two account managers, a proposal and content manager, a director of design, a multimedia “maestro”, an event “ambassador”, a database “expert” and a “Jill of All Trades” (a.k.a, a “multitasker”).

The firm has both an internal and external approach to communications and advertising. On the inside, they have the usual introduction of new lawyers, cross-marketing of people and services (including the marketing department services), media training for attorneys and marketing professionals, and something unique — an “affiliated services” promotion including trial consulting, graphics, and compliance software.

As for external communications, in major markets, the firm co-sponsors or creates “VIP” events with business publications that lead to face time and relationships with reporters, editors and publishers ' paving the way for article and expert quote placement. The firm also has a well thought out approach to their visual communications program: Tie the majesty of the Rocky Mountain landscape with the Holland & Hart name, and provide a link to an online e-zine that features legal and business issues of the West. Tagline: The Law Out West. Imaginate collaborates with a consultant on concept, but does all production in-house. The results have been quite remarkable.

• Nationally, reader polls indicate that recall on H&H ads are consistently in the top 5% of legal advertisers over the past 3 years. H&H half-page ads were ranking among full-page and 2-page spreads, indicating value. Readers were more likely to discuss H&H than almost all other firms, as well as visit the firm's Web site.
• Research indicated that H&H advertising was recalled more than 4 times more than the typical law firm in the Denver area, and has doubled since 2001.
• The firm's Web site, http://www.hollandhart.com/, was ranked by IMA as one of the top five legal Web sites.
• Launched several mini-sites, some with their own brand.
• Launched first blog by a AmLaw 200 firm in 2003: www.hollandhart.com/healthcare/blogindex.htm.
• Tracked new revenues by Web site referrals. All Web work is done in-house.

Holland & Hart also has formulated a client service team program consisting of client service training for all 630 attorneys. Part of this program includes Top to Top client visits for key 15 clients annually; Client Visit program for top 200+ clients firm-wide; and Client Team Training.

In the area of outreach, The Holland & Hart Foundation provides thousands of hours of community service to about a hundred organizations annually.

The marketing team provides pro bono marketing services to a variety of non-profits, including event planning, fund raising, graphic design, Web services, etc.

We talk a lot about “commitment” to marketing, but at Holland & Hart, the firm understands what that term actually means. Here are a couple of examples:

• Business development (BD) training/mentoring is mandatory for all associates.
• BD is a key element in compensation for all attorneys. Associates get fee splits for new clients.
• 2.1% of gross revenue is dedicated to marketing.

And the results of all of this:

• Increase from $86 million to $126 million in revenue in 4 years.
• Increase from 240 attorneys to 306 attorneys in 4 years.

A survey of prospective clients in early 2001 and again in 2005 showed:

• Increased in awareness by more than 20%.
• Increase in “First to Buy” ranking, to top rank.
• Increase in reputation and awareness in all major practice areas, 80% of which were ranked best in category.

Clearly Holland & Hart speaks to how marketing and communications when “done right” can become the catalyst to success.

The Outlook

It should be clearly evident that there is a “lot going on” in marketing and communications and as demonstrated here, I believe at least for some firms, the outlook is good for marketing and communications programs.

At the outset, let me say that while I would have liked to get the good counsel of the original advisory group in assisting with the final decision making in compiling the list, as I went through the close to 3 month process of evaluating each firm in order to create the list, it became abundantly clear to me that I needed to be at the helm as to: a) who would be on the list; and b) where each firm would rank on the list. I'm being perfectly honest with my readership because I think it is important to realize that if anyone has an issue with this list, the buck stops with me. I took great care in making the selections for this list, which I believe is reflective of the best marketing and communications programs within law firms.

The process was a difficult one. I was on the fence about many firms because, at least in my view, these firms did not meet the criteria of “defining, distinguishing, developing and delivering” (see the Op Ed Piece) a full service law firm marketing and communications program. Some firms did not provide substantive submissions and were automatically eliminated. Other firms did not provide submissions at all, but clearly have, over the years, demonstrated their willingness to accept and embrace marketing ' and in doing so have been able to move the agenda forward in the area of professional services marketing. Two firms on the list are not AmLaw 200 firms, but are included because they are doing significant things to impact their firms with great success, and are ultimately affecting the firm's bottom line. Some firms that would ordinarily be part of this list of 50 are missing. It is unfortunate that firms do not fully understand or appreciate the importance of marketing and communications, but nevertheless continue to throw money at their programs without analyzing their needs. The firms that made the list were chosen on the basis of their accomplishments and not as much about their staffing or budgets. While these aspects were taken into consideration, the number of staffers and the budgets did not affect the final listing. Some firms actually do quite a bit more with less staff and less money. As a veteran of law firm marketing and communications, I felt extremely confident in including these firms because I know what they are about and I know their people. The valuation of all the firms is reflective of programs that are differentiators in the world of law firms and in many ways mirror Corporate America's marketing programs.

I also wanted to mention here that I received submissions and inquiries from firms based outside the U.S. While I would have liked to include these firms on the list, I made the decision ' at least for this year ' that the list would be only U.S.-based firms. Having said that, I promised my colleagues in Canada that I would work on producing a future issue of MLF that would highlight their firms.

The Criteria

Just to reiterate the criteria for selection that was used to evaluate each firm:

• Marketing Strategy. Formal plan (ie, needs assessment, overall firm plan, target industries, practices area plans, proposal strategy for major engagements and new-business pipeline reports, cross marketing, individual marketing plans); an example of a success including implementation and cost; whether or not a yearly budget is created and the criteria used in creating the plan with line item examples; and examples of major new initiatives.
• Results. Measurable return-on-investment in specific efforts, how expenditures on specific strategies and tactics resulted in new matters, clients or additional profits.
• Marketing Department. Staffing including “who does what” and why; size of staff; deployment of staff; CMO/Director reporting requirements; committee (if applicable); process for integrating new professionals in to the team retention efforts; professional development opportunities for the marketing staff; ratio of professionals to lawyers; and cutting-edge positions.
• Communications/Public Relations/Media Relations. State objectives, strategies, planning and implementation. Where possible demonstrate integration with marketing programs. Tie results achieved to planned objectives. Estimate budget and whether internal or public relations agency resources spearheaded the efforts. Emphasize sustained efforts and proactive approaches to communicating with target audiences using internal and external communications to influence the visibility, image and reputation of the practice or firm. Describe specific ways external and internal communications strategies were used to demonstrate the knowledge of individual practitioners and/or firm. Explain ways your firm develops ongoing relationships with the news media to stimulate media inquiries, interviews, bylined articles, case histories, speaker platforms, seminars, trade shows and community involvement. Include examples of how your firm uses its Web site, internal communications, Web conferences, e-zines, blogs, etc. Quantify/measure results achie-ved contrasting pre- and post-program conditions.
• Commitment. Marketing requirements for partners and associates, training programs, percentage of gross revenue as applied to marketing; participation of marketing partner on governing body of firm.
• Advertising and Visual Communications. Approach, implementation and one example of a return on investment.
• Web Site and Firm Blogs. Development, look and feel, leads and clients from visitors and clients, increase in traffic or search engine ranking.
• Client Service Programs. Goal setting, client service teams, client surveys, metrics and ROI.
• Outreach. Community activities, pro bono and diversity programs that utilize marketing strategy and communications.

Not every firm that made the list included all of the criteria enumerated above. At my recommendation, some firms selected one or more of the criteria and focused on those areas of interest in which they stand out above all others. In the research I did for the firms that did not do formal submissions, I looked for firms that stood out in one or more of the criteria.

Highlights

While I do not have enough space to highlight all the firms, I am presenting some of the more important aspects of several marketing and communications programs that struck a chord as having well thought-out and meaningful programs that provide a glimpse into the substance over style world of law firm marketing and communications programs. In our regular October issue, other firms from the list will be presented.

The full list of the MLF 50 can be found here.

Bingham McCutchen

Bingham McCutchen came in at number one for a very good reason. They have a plan and an extremely sophisticated approach. Elizabeth G. “Libby” Chambers, the firm's Chief Marketing and Strategy Officer, has created a full-service, professional marketing and communications program that speaks to leadership, commitment, strategy and implementation. Frankly, and with no disrespect, only a couple of firms came close in describing their programs. While Bingham McCutchen's 2004-05 marketing and communications program was highly ambitious, each item was described in a manner that indicates where the firm is going and how it plans to achieve its goals. Bingham McCutchen intends to make their presence known in a variety of ways. First of all, they recognize where they are. They view themselves as quite far ahead in many respects:

• Leadership commitment and comfort level;
• Growth mindset;
• Appeal to marketing talent;
• Brand recognition emerging; and
• Foundational understanding among attorneys and staff.

They are also planning to do more in several areas:

• Branding;
• PR;
• Knowledge Management;
• Establishing client service teams;
• Education to advise lawyers on business development approaches; and
• Demonstrate clearer ROI for invest-ments; ex-post facto measurement in place.

Bingham McCutchen views the role of marketing as enabling the firm to become a leading national law firm. Their intention is to maximize to their full potential a practice-management model to drive organic growth, while supporting the design and implementation of practice group strategies and specific goals. Marketing resources are being deployed to practice groups and aligned to drive targeted client growth. As described in their submission, it's about “planning the work” and “working the plan.” They are also driving marketing and practice group business-development related spending to determine marketing priorities, and in doing so, aligning dollars to highest impact opportunities throughout the firm, the practice groups and their offices. Everything is being evaluated with an “ROI mentality” and appropriate tracking. Bingham McCutchen is focusing its advertising message to continue to build its brand. It is also looking to narrow its message to support targeted objectives (by practice, different talent markets). In sum, the firm believes that the role of marketing and communications is as follows:

• To raise Bingham's external profile significantly, based on firm's success stories;
• To have the best lawyers, best clients, best work;
• To expand activities in talent markets, other communities;
• To leverage contacts for proactive outreach ' enable client/prospect communications in a timely, targeted manner;
• To continue to develop customized and tailored visual communication materials to maximize pitch and proposal processes to better respond to opportunities and ensure balanced approach;
• To support cross-marketing within major clients;
• To identify and pursue new business opportunities rapidly based on market and client intelligence;
• To create lead generation capabilities;
• To support local office marketing needs while primarily driving practice-specific objectives; and
• To get everyone on the same “strategic” page and make everyone (Management, PGLs, Partners, lawyers, professional staff, administrative) feel connected and understand the role they play in achieving the goals.

While the full plan could not be produced here, what follows is an example of how Bingham McCutchen rolls out a goal-oriented marketing project ' in this case that of Prioritization ' which is key in approaching any of the above objectives:

• Goal: PRIORITIZATION. Driving Marketing and Practice Group spending to key strategic and client priorities on a firm wide, practice group and office basis:
  • Align dollars to highest impact opportunities, and evaluate everything with an ROI mentality;
  • Reduce fragmentation ' strive for more concentration on fewer activities;
  • “Insource” from vendors for greater cost control;
  • Bring all marketing-related costs in the firm under one umbrella for better transparency; and
  • Budget tracking simplified for PGLs and Area Leaders; information management in place.
• Lessons learned:
  • Marketing team clarification on starting point in most areas.
  • Earlier practice area leader involvement improves decision making.
  • Some simple changes to G/L codes and tracking systems. Ongoing tracking will enable mid-year redeployment.
• Results:
  • Total 2005 PG and Area budgets up significantly ' in support of business plans; with significantly better alignment between firm's strategic priorities and expected spending patterns.
  • YTD PGs and Areas are running under budget, Marketing overall is favorable to budget; some seasonality effect. PGs and Areas are on a path to expand activity to budgeted levels.

Clearly Bingham McCutchen has an overall plan that speaks to its understanding of how the firm wants to be perceived, how it wants to grow and how marketing and communications is integral to its objectives.

Duane Morris

Duane Morris is being singled out in three areas: leadership in marketing; its utilization of technology to foster business development; and the marketing of its affiliate businesses. Under Edward M. Schechter, the firm's Chief Marketing Officer, Duane Morris has developed a marketing and communications strategy and implemented a plan that has moved the firm from being a regional Philadelphia presence to an international firm. The firm supports its attorneys in the practice of law with a myriad of resources. Trade publications have placed Duane Morris in the upper echelon of firms in terms of utilizing technology. Hundreds of lawyers working around the globe quickly communicate and collaborate using the firm's integrated computer network, accessing sophisticated research software, information-rich databases, and other knowledge-sharing tools. Duane Morris' clients also benefit from the contributions of professional-level support staff who maintain the firm's technological and administrative infrastructure and enable lawyers to focus on providing valuable counsel and service to their clients.

Without the support of upper management down to the front-line personnel who will be using the technology, the initiative will fail. Some employees can be rather proprietary about the information they're required to load into a shared database. Schechter knew that the 550-plus lawyers at the firm would bristle at sharing their client contacts, so he persuaded the chairman, the executive committee and the partners to lead by example and add their contacts to the system. To further encourage the staff to use the system, Schechter took a few frequently used components – form letters, memo templates and mailing labels ' and made them executable only through the new system. The combination of system design and partner leadership yielded 100% participation. “You have to give them a reason to use it,” says Schechter.

Duane Morris has established a number of independent affiliates in non-law fields in addition to the law firm's full range of legal services. By bringing together specialists from a variety of other disciplines and industry backgrounds, these businesses strive to respond to the firm's business objectives pursuant to separate, non-legal services engagements.

The affiliate businesses that compliment the firm's overall practice are driven by both the commitment of the firm ' especially that of the firm's Chair and CEO, Sheldon Bonovitz ' and the support of marketing and communications to enhance the profile of these businesses. The firm owns about 10 businesses, most of which have little to do with legal services. The profile of these businesses and the firm have been linked via marketing and communications, and have clearly been a catalyst in creating a highly driven and successful marketing and public relations program.

Goodwin Procter

Goodwin Procter's positioning efforts and marketing strategy begin with, and are based upon, the firm's overall vision, values, objectives and overall strategy. Anne Malloy Tucker, the firm's Chief Marketing Officer, believes that the strength of a firm's marketing initiatives is grounded in the strength of its overall strategic plan. The firm is actively involved in driving and participating in the firm's strategic and business planning efforts.

The firm's strategy begins with the development of an overall firm-wide plan and fully integrated marketing plans for each of its areas of strategic focus as defined through the firm-wide strategic planning process ' private equity, technology companies, intellectual property, financial services, real estate capital markets and products liability. The plans, based upon each practice's annual business plan, include a client development and relationship building component, prospect lists coupled with individual attorney action plans, and tactical components involving public/media relations, industry conferences and events and collateral materials.

The firm's mantra is “consistency and alignment” when it comes to internal and external communications. All efforts are coordinated through in-house managers, and use the resources of outsourced design, advertising and public relations agencies. For each practice area, a plan is developed that includes direct mail, client alerts and newsletters, a media outreach plan and sponsorships and special events. Goodwin Procter has had great success with things such as Year-End Toolkits for Public Companies, a weekly electronic Financial Services Alert, and a system of ensuring that the firm is mentioned in client press releases concerning completed deals and transactions, among others.

A yearly budget is developed based on supporting the overall firm-wide objectives and practice plans. For FY06, the planning process will take place throughout the summer, with an October 1 implementation date.

Some of the areas of focus for FY06 include the further development of client teams, which were piloted in FY05, market research for each of the major practices, and a more fully developed business development and referral tracking system across the firm.

The firm used the following metrics, among others, to measure the overall effectiveness of various marketing initiatives and programs:

• Opportunity tracking module within its CRM system (InterAction);
• Proposal win/loss/pending/no action tracking system (stand alone database);
• A cost/benefit analysis after each major event or sponsorship;
• Redwood Analytics software to measure specific growth of services to existing clients; and
• Growth of key clients in general.

The utility of external benchmarks and market research (proprietary and non) to measure name recognition, market perceptions and “brand awareness” was also in play and was carefully monitored and measured.

The marketing department is structured into four basic areas: marketing, communication, public relations and business development. Of note, I believe, is the length of time many of the firm's senior professionals have been with the firm. Given that the average shelf life of today's law firm CMO is slightly less than 2 years, and that the department was formed in 1999, these numbers reflect well on the firm's commitment to marketing as a whole.

• Chief Marketing Officer: 5.5 years (first hired as Director of Marketing).
• Director of Marketing: 5.5 years (first hired as Senior Mktg. Manager).
• Senior Marketing Manager: 1 year.
• Senior Communications Manager: 4 years.
• Public Relations Manager: 4 years.
• Senior Graphic Designer: 5 years.
• Communications Specialist: 5 years.
• Marketing Specialist: 2 years.
• Business Development Manager: 1 year (new role as of 2004).
• Events Specialist: 3 years.
• Events Coordinator: 2 years.
• New Media Specialist: 7 years.
• Database Specialist: 10+ years.
• Admin #1: 10+ years.
• Admin #2: 10+ years.
• Admin #3: 3 years.
• Database Administrator: 2 years.

Associates, Partners, Practice Leaders and Department Chairs are required to spend between 100 and 400 hours on “investment time” annually, depending on their role. Investment time includes those activities ' such as marketing, knowledge management and training ' that move the firm as a whole forward.

Jones Day

Jones Day entered the marketing arena early. Their first marketing manager was appointed in the mid-1980s. By the late 1980s, they had hired a “real” marketing director. By the time Cherie Olland, Global Director of Business Development and Com-munications, came on the scene in 1991, the firm had made steady forward progress ' not only toward establishing a true marketing function, but also toward establishing pockets of “believers” within the lawyer ranks. That incremental forward motion created the momentum that has led Jones Day to where it is today: One of the most active and experienced marketing organizations of any large firm ” an organization that has seen the firm more than double in size over the course of a decade.

Cherie describes the firms marketing as an “in your face” approach living under the umbrella of a firm-wide growth and development strategy. Jones Day tests everything that they do for consistency with the overall strategy. Their go-to-market strategy concentrates first in directing the firm's resources and efforts toward client-facing activities, and second, on focusing their efforts on narrowly targeted and defined audiences. Examples of current activities include specialized programs covering events, client service, international calling, and business intelligence.

Their “show me the money” philosophy is that marketing is a long-term investment and that they need to give specific efforts sufficient time to yield results. For every client-facing activity, the firm tracks the corresponding movement of the bottom line. This helps to direct their efforts toward opportunities that yield consistently good results, and to discontinue investing when the return is questionable. Although the firm does not disclose revenue or budget figures, it is noted that the percentage growth in the firm's revenue has outpaced the percentage growth in the marketing budget by a factor of two.

The marketing department at Jones Day is composed of approximately 50 individuals, 27 of whom have regional responsibilities in offices around the globe. The others have firm-wide responsibilities across functions. The department has grown organically and in response to a changing and increasingly sophisticated market.

One of the highlights of Jones Day's commitment to marketing and communications is a major 18-month project to develop its third-generation Web site (http://www.jonesday.com/), which concluded with the launch of the new site in April 2005. This project rebuilt every aspect of their Web site. The hypothesis is that visitors to their site are most interested in learning what the firm has done; clients do not hire firms like Jones Day by surfing the Web. The firm's site is anchored by a powerful search engine that allows visitors to search the firm's experience across a range of parameters. It took a team of six temporary employees 2 months, working 6 days a week, to do the initial site load. A team of three temporary proofreaders followed them, reading every page of the site for consistency and correctness.

Although the firm received comments about the site's usefulness from a number of clients, an unexpected benefit has been its usefulness internally ' particularly valuable in a firm the size of Jones Day, where understanding the global inventory of the firm can be daunting. Their traffic statistics ' filtered of Jones Day internal visits ' currently log more than 75,000 unique visits a month! Very impressive.

Latham & Watkins

As law firm marketing and communications programs have become more sophisticated and competitive, Latham & Watkins has developed a dynamic structure and strategy throughout its worldwide network of 22 offices. Best described as a “think globally, act locally” approach, led by Chief Marketing Officer, Despina Kartson (based in New York), the Latham global business development (BD) team includes more than 70 staff members. Senior managers head up the major business development BD functions at the global level: Practice Area Development; Client Programs; Creative Services; Public Relations & Internal Communications; Information Systems; Research & Analysis; and U.S. and European Business Development. Local office managers coordinate with the global managers and together form teams that are responsive to the particular needs of an office, practice group, client prospect or project. This inclusive, flexible and non-hierarchal approach ensures that the correct talent and resources are brought to bear ' much in the same manner Latham's attorneys approach their client mandates.

The business development team regularly shares best practices via conference calls and team meetings to both spread effective tactics throughout the firm and leverage successes (eg, positive media coverage is used in presentations and practice-specific promotional materials). This ensures that the global resources, priorities and strengths of the firm are applied locally. In addition, as business development initiatives increasingly span multiple

markets and require multiple business development input, this “think tank” approach facilitates sharing of experience, local market knowledge and ideas. Among the business development team, more than 1,300 pitches, proposals and RFPs were completed in 2004 ' many of which required collaboration across multiple markets and multiple practice areas. The data analysis and research team responded to more than 100 league tables and law firm surveys in 2004. These closely watched market rankings are important grist for the business development mill, and are utilized for a range of business development materials and initiatives. Efforts are under way within the department to apply return-on-investment measurements across the spectrum of business development projects. This includes tracking the costs and resources dedicated to specific initiatives while soliciting feedback from both internal and external sources on their success.

Some of the highlights of the firms program include:

• Developing an online resource center for the firm, providing attorneys with 24/7, easy access to Latham's business development and marketing tools; which consist of a range of products and services incorporating logos, design and brand guides to archive pitch and proposal materials, from client contacts and alumni information to seminar and event calendar, from press releases, news clips and attorney byline articles to office and practice marketing and business development plans.
• The firm's attorneys participated in more than 360 seminars and events in 2004, attended by thousands of participants. An in-house creative services team designs and distributes publications to an extensive database of clients and contacts that is managed by the department's information systems team.
• An alumni relations program that has taken on added significance as Latham has grown in size and scope, with alumni joining various business and governmental organizations. The firm recently launched an alumni network program built around a Web site dedicated to the unique needs and interests of alumni.
• A sophisticated public relations program that links media-friendly processes to the business development goals of the firm – for instance, by providing timely information to the media on deals and cases handled by Latham, as well as developing “source” relationships that allow the firm's attorneys to serve as commentators on important business trends and issues. The program also regularly highlights the pro bono, diversity and community service initiatives of the firm. The public relations team uses on-line tools to research media coverage, manage editorial contacts, and keep attorneys and clients abreast of major developments.
• A global rollout of a contact management system to the majority of the firm's offices, led by the information systems team. This implementation, the first worldwide deployment of a firm the size of Latham & Watkins, has generated a massive database of contacts and relationships.

Latham & Watkins is by definition a fully integrated, multi-layered marketing and communications powerhouse.

Dorsey & Whitney

Led by Chief Marketing & Sales Officer Adam Stock, the industry-leading marketing and sales department of Dorsey & Whitney is organized by region and area of focus. The marketing team is a committed group of professionals whose expertise includes sales, communication, marketing, research and technology.

Dorsey & Whitney's efforts and projects are action-oriented to keep their attorneys in front of clients and prospects. One example is their individual and practice group marketing and sales plans. These 60-90 day rolling action plans include activities based on:

• Face to Face Contact ' Protect and grow your business;
• Building reputation and visibility;
• Community outreach and networking; and
• Marketing skills and tools (eg, marketing & sales training, updating bios, personal coaching, e-presentations).

The firm has increased its focus to include industry-driven marketing and business development for Life Sciences (Provider, Bio-Science, and Payer) and Financial Services (Banking, Securities & Investment firms, and Insurance). These initiatives include prospect meetings, partnerships, pitches and sponsorships. The team's platform and strengths are best highlighted by discussing the following areas of emphasis:

• Client Service Programs;
• Results; and
• Marketing Department.

Dorsey's philosophy to client service is more than an initiative; it is a way of doing business. The firm has instituted more than 30 client service teams that span various Dorsey offices and include multiple practices. The formation of these teams include checklists to cover financial trend analysis, tools to effectively communicate (blogs, extranets, and e-mail groups), and formalized goals. This internally developed software allows the firm to determine trends, practice/office utilization and opportunities for growth.

This also includes training for attorney team leaders on effectively running a team and maintaining a client focus. The firm has also established a process for gathering client feedback to include both in-person visits and electronic surveys. With the feedback the firm has been able to identify areas for enhanced service delivery, adjust team players, and maintain positive efforts.

With dedicated sales professionals on staff, the measurement of results is not solely anecdotal. Dorsey & Whitney has established a pipeline management tool that allows them to track the various sales efforts of its attorneys across 19 offices and various practice groups. (A screen shot of the application appears below.) This application also allows the firm to link to the materials created (within a document management system) for that particular pitch.

The firm continually seeks proactive ways to service its clients and cross sell to them but only “when it makes sense for them!” An example that Dorsey & Whitney provided is featured:

“Recent legislation has changed the rules on deferred compensation (Rule 409A). Instead of merely sending out a Client Advise Memo (CAM), we mobilized to integrate our relationships firm wide. This included a teleconference with our Corporate Group Leader, a Tax Specialist and a Benefits & Compensation partner. We scripted the effects these rules would have on our clients, identified clients that would be affected, and got on the phone to personally contact clients. This team approach demonstrates our integration between offices and practices, our proactive service focus, and attorney willingness to cross-sell. It is important to state this effort led to 44 new clients within our Benefits and Compensation group and more than $750,000 in billings.”

One other point about Dorsey & Whitney: Their commitment to their marketing department. The firm has a team of 20 professionals with three areas of emphasis Marketing, Communications and Sales. With these professionals located throughout the Dorsey platform, team building and continuity are extremely important. The firm looks for opportunities to bring everyone together to learn, share and have fun! For example, the firm recently held a two-day Marketing and Sales department retreat that fostered team building and professional development. It included outside consultants, practical workshops, best practices discussions, technology training, and a cooking class.

Day, Berry & Howard

Day, Berry & Howard's Marketing Program is lead by its Chief Marketing Officer, Roberta Montafia, and finds its roots in the mission statement and firm goals established through strategic planning by the firm's Executive Committee in the Spring of 2004.

The marketing plan is primarily focused on client service and business development. To ensure the validity of plan, the first substantial action item to be undertaken was a comprehensive research program. The program had three parts: Assessment of the firm's position in the marketplace in four main geographic areas served by the firm; a survey of the firm's top clients to gain their insights into the firm's legal product and performance; and an internal, firm wide exploration of its “values.”

The total findings of this research program, which concluded this past summer, are being used to refine the marketing plan in order to focus resources in the geographies and industries/practice areas where Day, Berry & Howard's research indicates growth. The results are also being used to develop the messaging desirable to support the growth plan.

In the firm's business-development efforts, substantial progress has been made in in transitioning the firm from a traditional reactive marketing stance to one with a sales and service culture that places emphasis on relationship building, an understanding of individual client needs, industry trends and competitive intelligence, and proper execution during all phases of the sales cycle. Business development and sales training programs have been initiated at all levels of the firm's legal staff ' associate, counsel and partner. Client teams are in the process of being formed to act on the insights gained through the client survey program and to provide deeper and more responsive service to key clients.

The firm has also identified areas of differentiation and is leveraging its strengths to reinforce that differentiation. One prime example (and something that this author feels very strongly about) is the firm's highly successful Women Working Together, (WWT) program, which crosses all firm geographies and is dedicated to promoting women's issues inside and outside the firm. Long a hallmark of the firm, WWT has now become a focal point of the firm's client value proposition. WWT, a forum for women lawyers at the firm, is the manifestation of a supportive environment for women at the firm and serves as a vehicle for supporting women's initiatives in the community at large. By filling this role, WWT serves as a visible component of the firm's community service program, it furthers the strategic firm goals and provides opportunities for DBH women to succeed and become leaders in the legal community.

Communications is a significant component of the firm's plan. Supportive of the strategic goals, and containing both an internal and external elements, communications are designed to define the firm in consistent terms and raise the profile of the firm in both its historic “home” geographies and in those areas targeted by the firm for growth. The strategy behind the program is twofold: Identify, cultivate and train a cadre of partners who are able to both write and speak to the press on substantive legal topics; and, importantly, ensure all members of the firm develop an understanding of who the firm is and what they stand for in order to provide a consistent client experience.

The external component centers on four practice areas and two geographic areas of strategic importance identified by the Executive Committee for growth. The program is designed to provide: Strategic counsel/planning with an established PR consulting firm; direct lawyer input sessions by office and practice group; quarterly goal setting and corporate message development/refinement; and core programs that include targeted media relations (top 10-12 media outlets) ' an ongoing news program involving three to four press releases per quarter, assistance with communications tools development, and measurement.

The firm began with a series of introductory meetings conducted at practice- and office-specific groups of targeted areas. These sessions were quickly followed up with focused, brainstorming sessions at which the PR consultants, representative lawyers and marketing staff considered the possible story lines that could be established for each group, the target audiences for such story lines and the strategies deemed to have the highest probability of success. A roster of lawyers available to the media for comment on various areas of the firm's practice generally, and those of strategic importance specifically, was created. The program is enhanced with PR coaching, media preparation sessions and briefing documents to assist the lawyers on an as-needed basis with their growing role as commentators, authors and spokesmen.

Ongoing outreach to the media has been met with some notable successes. Seizing on the opportunities created by high profile cases in the areas of corporate wrongdoing, eminent domain/property rights and the death penalty, members of the government investigations and appellate practice groups were quickly identified as valuable resources by reporters at a number of high-profile publications, and the firm was soon appearing in interviews and/or coverage in publications such as BusinessWeek, The New York Times, USA Today and The Financial Times.

Internal communications is also a major component. Kicking off the firm's client service focus, the Chair of the Executive Committee and the Chief Marketing Officer, conducted 23 “town meetings” throughout the firm to introduce and educate all members of the firm on the client service initiative. From there, value workshops were conducted, which spawned the creation of a service standards task force and a newly formed communications subcommittee. The result is a communications program to supplement the “legacy” system by creating a communications framework. The various vehicle includes “town meetings,” video messaging for both Web and traditional presentation, printed materials, participation incentives and fun, and creation of a “communications pipeline” through which information about firm-wide initiatives is disseminated to internal firm constituencies via function-specific discussion groups aimed at driving conversation to the level of “what does this mean to me and how do my actions support the achievement of the firm's strategic goals?”

The newly revamped and now-defined communications program is being used as yet another tool available to support achievement of the firm's strategic goals.

Jenkens & Gilchrist

Allen Fuqua, Jenkens & Gilchrist's Director of Marketing reports that in 2002, Jenkens & Gilchrist worked with the Bain & Company consulting group to develop a strategic plan. From a comprehensive review of the firm's business, history and current opportunities, a strategy was developed that continues to guide the firm's marketing projects and plans. In short, it revolves around making a significant investment in the development and growth opportunities with key clients.

In 2003, a Tier 1 Program-Large Account Team Program was initiated. This program focused on developing teams around accounts that generated mid-six figure collections, had the potential to generate seven-figure annual billings, and could grow 20% per year. Based on these criteria, the firm initially developed teams around some 20 accounts, developed a training program for the team leaders, allocated dedicated funds for business development and training support, and assigned staff marketing managers to each team to assist and facilitate pursuit of the opportunities. Year one (actually 9 months) saw an 11% increase in collections on a year-to-year basis. Continuing through 2004, the firm saw a 16% increase in collections on a year-to-year basis as the funding was increased.

Team composition emphasized increased involvement from the firm's offices across the country and an increase in practice groups involved with each client. At the end of 2003, over 80 shareholder attorneys were involved as core members of at least one team. All practice groups were represented as well as every office in the firm. 2004, saw similar involvement, though at a more mature level. In-house CLE presentations and high-end client entertainment and client team events became normal best practices for the leading teams.

Each year, a budget is established around four major marketing investment areas (the areas below represent 90% of the marketing budget; the rest would be salaries, directories, holiday cards/gifts, national visibility including media relations, etc):

• Key account growth and support provides for support of the Tier 1 program noted above, key business development initiatives and cross marketing efforts including special international efforts.
• Each office is given dedicated funds for local efforts focusing on key clients, visibility, charity, events, etc.
• Each shareholder has a locally administered pool of money for business-development efforts, irrespective of national and local office efforts.
• Department practice group marketing support.

In the last few years, Jenkens & Gilchrist went from one of the nation's fastest growing law firms to a firm riddled with communications challenges. Those challenges included: A major class action lawsuit that threatened the future of the firm and was featured prominently in national and regional media; a new business strategy that led to layoffs and defections of key individuals and practice groups that reduced attorney counts by half; two changes in national chairmen in 3 years (after 12 years under one leader); the departure of its entire New York office; and rumors of instability prompting firms and headhunters to circle the waters.

The marketing team implemented an aggressive litigation media-relations and internal issues management strategy. The firm's attorneys were provided with tools and resources to keep clients and friends of the firm updated, and to reassure them of continued high levels of client service. National leadership provided attorneys and staff with weekly progress reports and consistently reaffirmed the firm's potential going forward. The marketing team worked closely with reporters to ensure that negative assertions never went unchallenged, and that the firm's message would always be included. This more transparent approach led to more positive opportunities after the crises slowed. Leadership held face-to-face meetings, and regular video teleconferences with attorneys and staff across the firm.

Despite the many obstacles faced by the firm in recent years, no clients left the firm as a result of external perception factors. A recent internal communications survey indicated that marketing has been successful inside the firm too. More than 70% of employees feel that internal communications have improved in the past year. Also, more than 75% feel optimistic about the firm's future. And incredibly, more than 90% feel proud to be a part of Jenkens & Gilchrist.

Holland & Hart

Holland & Hart's marketing program is headed up by their Chief Marketing Officer, Mark Beese. They have an interesting story to tell. In June 2001, Holland & Hart was the largest firm in Denver, but facing stiff competition from both local and national firms. A recent survey of potential clients showed that the firm was well respected, but did not claim the top spot in terms of reputation, first choice to hire or awareness. Absent a marketing director for almost 2 years, they hired a CMO and a staff of six to support 240 attorneys in 11 offices across six states.

In 2001, the CMO went on a “listening tour” (a.k.a, needs assessment) to meet attorneys in each of the offices and developed a written marketing plan that included:

• Development of a new brand, logo, and visual identity;
• Regional and National Advertising;
• Targeted PR Events and Sponsorships;
• Client Service Training;
• Key Client Care Program;
• Client Teams;
• Business Development Training;
• Web Site Upgrade and Electronic Media; and
• Proposal and Content Management Center.

Each year the firm publishes a “state of marketing” report using various metrics to evaluate the effectiveness of marketing activities, lessons learned, and budget results. The report precedes the marketing plan update and budget proposal for the next year.

The strategic positioning statement that drives all marketing activities is: “Holland & Hart is the leading law firm in the Mountain West.” Key messages are: 1) Leadership; 2) Good People; and 3) Excellent Service.

The “new” marketing team needed to gain credibility and awareness among their “clients” ' the lawyers and staff of the firm. The staff branded itself as an in-house marketing agency called, “Imaginate” ' complete with account managers who learn the business of, and treat industry/practice groups as, clients. They launched www.imagine-8.com with an online directory, marketing tips, and a blog. The team consists of the CMO, two account managers, a proposal and content manager, a director of design, a multimedia “maestro”, an event “ambassador”, a database “expert” and a “Jill of All Trades” (a.k.a, a “multitasker”).

The firm has both an internal and external approach to communications and advertising. On the inside, they have the usual introduction of new lawyers, cross-marketing of people and services (including the marketing department services), media training for attorneys and marketing professionals, and something unique — an “affiliated services” promotion including trial consulting, graphics, and compliance software.

As for external communications, in major markets, the firm co-sponsors or creates “VIP” events with business publications that lead to face time and relationships with reporters, editors and publishers ' paving the way for article and expert quote placement. The firm also has a well thought out approach to their visual communications program: Tie the majesty of the Rocky Mountain landscape with the Holland & Hart name, and provide a link to an online e-zine that features legal and business issues of the West. Tagline: The Law Out West. Imaginate collaborates with a consultant on concept, but does all production in-house. The results have been quite remarkable.

• Nationally, reader polls indicate that recall on H&H ads are consistently in the top 5% of legal advertisers over the past 3 years. H&H half-page ads were ranking among full-page and 2-page spreads, indicating value. Readers were more likely to discuss H&H than almost all other firms, as well as visit the firm's Web site.
• Research indicated that H&H advertising was recalled more than 4 times more than the typical law firm in the Denver area, and has doubled since 2001.
• The firm's Web site, http://www.hollandhart.com/, was ranked by IMA as one of the top five legal Web sites.
• Launched several mini-sites, some with their own brand.
• Launched first blog by a AmLaw 200 firm in 2003: www.hollandhart.com/healthcare/blogindex.htm.
• Tracked new revenues by Web site referrals. All Web work is done in-house.

Holland & Hart also has formulated a client service team program consisting of client service training for all 630 attorneys. Part of this program includes Top to Top client visits for key 15 clients annually; Client Visit program for top 200+ clients firm-wide; and Client Team Training.

In the area of outreach, The Holland & Hart Foundation provides thousands of hours of community service to about a hundred organizations annually.

The marketing team provides pro bono marketing services to a variety of non-profits, including event planning, fund raising, graphic design, Web services, etc.

We talk a lot about “commitment” to marketing, but at Holland & Hart, the firm understands what that term actually means. Here are a couple of examples:

• Business development (BD) training/mentoring is mandatory for all associates.
• BD is a key element in compensation for all attorneys. Associates get fee splits for new clients.
• 2.1% of gross revenue is dedicated to marketing.

And the results of all of this:

• Increase from $86 million to $126 million in revenue in 4 years.
• Increase from 240 attorneys to 306 attorneys in 4 years.

A survey of prospective clients in early 2001 and again in 2005 showed:

• Increased in awareness by more than 20%.
• Increase in “First to Buy” ranking, to top rank.
• Increase in reputation and awareness in all major practice areas, 80% of which were ranked best in category.

Clearly Holland & Hart speaks to how marketing and communications when “done right” can become the catalyst to success.

The Outlook

It should be clearly evident that there is a “lot going on” in marketing and communications and as demonstrated here, I believe at least for some firms, the outlook is good for marketing and communications programs.