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<b><i>Focus: Canada</b></i> MLF Canadian 10: Two Standouts

By Elizabeth Anne "Betiayn" Tursi
June 29, 2006

The original thought behind the MLF Canadian listing was to have 20 Canadian firms that could be ranked on the basis of their marketing and communications programs. For a variety of reasons, it was decided that the final list should consist of 10 firms, and that these firms should not be ranked, but rather listed in alphabetical order (see the list below).

My colleagues in Canada ' Tracy A. Holotuk, a leading consultant, Larry Stroud, principal of Promarc Consulting in Toronto, and Phil Baudin, principal of Professional Services Group in Vancouver ' did a remarkable job of advising me, and Tracy's article on page 1 gives great insight into how law firms in Canada go about creating marketing and communications programs. I also had advice from a friend and colleague, Stephen Ruben, an attorney who for many years was the principal of Valuelaw Consulting Inc., a firm based in Toronto. Stephen is now the Practice Development Manager for New York's Moses & Singer.

I determined that two firms clearly deserve the highest recognition: Miller Thomson and Cassels Brock. Here are the highlights of their marketing and communications programs.

Miller Thomson

In the mid-1990s, Miller Thomson was a mid-sized Toronto law firm that was virtually indistinguishable from dozens of similar firms. Through a series of strategic and highly successful mergers between 1997 and 2005, the firm has grown to more than 400 lawyers with nine offices across Canada and affiliations worldwide. This rapid growth, coupled with a changing marketplace, necessitated a complete overhaul in the way the firm marketed itself. The newly formed Marketing Department was charged with creating a national identity and visibility plan for what is now the ninth largest law firm in Canada. Below are some highlights of the firm's marketing and communications plans, segmented by topic, highlighting selected strategies the marketing department has developed and implemented ' as submitted for the MLF Canadian listing.

The firm's marketing strategy is built on its unique positioning, inspired by Wal-Mart and supported by a positioning statement, position substantiation and proof points. Working with the firm's Accounting Department, Miller Thomson has developed a series of reports, including a Client Revenue History Report, Clients By Industry Report, Cross-Selling Report and a series of budget-to-actual expenses reports for all levels of marketing spending. The marketing department prepares annual budgets at the firm, office and national group (industry and functional) levels. A portion of forecasted revenue is set aside for individual and client team activities.

The results for this firm have been extraordinary. Over the past 5 years, the number of formal RFPs the firm has received has increased by 400%, and the firm reports that their success rate is 50%. The firm has also established an Emerging Specialty of the Month (ESM). Although originally designed as an internal awareness program, the ESM initiative was extended externally and obtained measurable results; including telephone inquiries leading to fee-for-service work and invitations to bid on RFPs. An umbrella project developed by the marketing department and implemented through the National Business Development Committee, 'Go Fish', was created to act as a link between several client-growth initiatives underway at the firm (Top 75 National, Top 25 Regional, and Next 100 National and the 20/100 and 5/50 growth projects). Cross-selling has increased by more than 100% since 2004.

As an example of the innovative ways in which the firm's industry groups communicate with their clients, the firm conducts a monthly Health Industry Seminar video and teleconference seminar series that reaches decision-makers at hospitals across Ontario. More than 80% of presenters have received phone calls leading to fee-for-service work, following their presentation.

In the Communications arena, the firm has implemented several programs, including one that has always had tremendous success ' Breakfast with the Media. This program is set up to allow reporters and editors from business and legal media outlets to receive individual invitations to join a group of the firm's lawyers for a casual breakfast. This, and other proactive media-relations activities, have increased the firm's presence in/on newspapers, magazines, radio and TV through outlets such as The Globe and Mail, ROB TV Squeeze Play and CBC Radio.

Another program is the firm's 'GrowthCo Initiative,' focused on a segment of the market that is well suited to the firm's positioning. GrowthCo is a combination education/sales initiative that puts the firm's lawyers face-to-face with entrepreneurs as well as media and associations aimed at growth companies.

In the area of advertising, the firm explored new ways to work with publications and organizations. Examples of their successes include working with Profit Magazine (Profit 100), Managing Intellectual Property (INTA insert and online resources), Canadian Consulting Engineer (monthly column), ReNew Canada (speakers' program) and Martindale-Hubbell (Counsel-to-Counsel roundtables). The firm has increased the number of rated and recognized lawyers in key legal media outlets, including Martindale-Hubbell, Best Lawyers in Canada, LEXPERT and Chambers Global. Miller Thomson was the first Canadian firm to highlight its Martindale-Hubbell ratings on its Web site.

Miller Thomson's visual communications program consists of various elements including:

  • Tagline. 'Essential minds for your essential business.' The firm's tagline is the external expression of its positioning statement and is used in advertising and other collateral, as appropriate.
  • Impossible Images Advertising Campaign. The firm's current advertising campaign, featuring a series of illustrations called 'impossible images' is designed to catch the readers' attention with striking graphic 'solutions' to complex geometric 'problems.' Response to the campaign has been extraordinary.
  • National Earlug Blitz. Aimed at bringing name recognition to the firm, the 'Earlug Blitz,' which appears in 10 national and regional newspapers across the country, is an extremely effective, yet amazingly cost-efficient, advertising program.
  • Student Brochure. The edgier design concept and packaging relates to the firm-wide image, yet appeals to a younger generation and stands out among the firm's competitors.
  • Miller Thomson Review. In lieu of a general brochure, the firm publishes a high-end bi-annual magazine called 'Review,' which incorporates dramatic photography with brief updates on legislative changes and business trends since the last issue.

The firm is also working on a redesign of its Web site.

Miller Thomson also excels in the area of community outreach, including:

  • National Alumni Program: 'Three Degrees.' Launched in June, this program is comprised of a buddy system, a newsletter, local networking events and an alumni page on the Web site.
  • National Pro Bono Program. The firm's program was described in the April edition of Lexpert Magazine.
  • The Miller Thomson Foundation. Conceived by the firm's Chairman and CEO in 1995, the Foundation awards scholarships annually to 200 graduating high school seniors who are pursuing post-secondary education.

The firm's commitment to marketing is evidenced by the fact that marketing is the only function in the firm that reports directly to the Chairman and CEO. Its program speaks to innovation and implementation.

Congratulations to Miller Thomson for its outstanding program.

Cassels Brock

Cassels Brock says that it 'look[s] for ways to live our brand each and every day.' From a client-service perspective, it means that their lawyers embrace the firm's culture of being bold, innovative, forward thinking, client-centric and direct. The firm has differentiated itself from the competition by not 'over-lawyering, over-charging or over-complicating' client representations. It is therefore no surprise that its marketing and business-development efforts have followed a similar path. The marketing team responded and developed a creative strategy to support these key messages.

An advertising campaign was launched in the newspaper media to drive home these messages in a bold and direct manner. Headlines that read 'I prefer attending longer meetings with more lawyers,' 'I just don't hire enough lawyers' and 'I just don't hear enough legalese anymore' were featured in Toronto and the national media. A call to action was included in the advertising that invited respondents to personally contact the firm's Managing Partner, Mark Young. This call to action allowed for some measurement and, in the end, there were new clients and increased brand awareness. Since the inception of the campaign, the firm continues to use this strategy in its external communications program. In 2005/2006 the firm created two pieces in conjunction with its Professional Development Committee:

  1. A student e-newsletter offering university students tips about finding the right law firm to work for; and
  2. A student brochure offering students their 'First File,' which communicated the message that at Cassels Brock, students work on client matters (more often in Canada client matters are referred to as 'files') vs. photocopy files.

Cassels Brock's marketing team is all about business development. The department works side-by-side with lawyers to create customized RFP responses. In 2005, the firm created an online tracking system, allowing it to monitor the clients/prospects for which the marketing team created pitch/RFP documents. As a first measure, in 2005, the marketing department assisted the lawyers in winning 50% of the formal RFP requests. For 2006, the marketing department is developing an online content database to create first drafts more easily. The department also offers business development and mentoring training to lawyers. In addition, the marketing team is continually looking for ways to improve how they serve the lawyers in the firm, including:

  • Knowledge Champion Network. Conducting a monthly meeting with practice group representatives and the Managing Partner to foster knowledge sharing and capture more deals/cases to ensure the firm is populating its knowledge database with relevant and timely data, as well as capitalize on any media opportunities.
  • Practice Group Business Planning. Recently began implementing a business-planning model in the firm. This will continue in 2007 and beyond.
  • Marketing Department Retreat. The marketing team holds an annual 1-day off-site meeting and social event to brainstorm ideas as to how to better serve the firm's lawyers. The format includes a discussion with the Managing Partner and business development heads, a brainstorming component and interviews with various lawyers to understand their needs. In 2005, a multiple-choice quiz called 'Test Your Marketing I.Q.', which contained Q&As on the department, was presented.
  • Tracking Our Time. In 2004, the firm implemented time tracking for all members of the marketing team. The marketing department is the only administrative department in the firm to track its time. A quarterly review offers an opportunity for the department to look at what was accomplished and how the department can constantly improve its capabilities.

Cassels Brock stands out as having an exceptional grasp of how a marketing and communications program can be focused both internally and externally to have a maximum impact. Congratulations!

The MLF Canadian 10

  • Blake Cassels & Graydon LLP
  • Cassels Brock
  • Davies Ward Phillips & Vineberg LLP
  • Goodman's LLP
  • McCarthy Tetrault LLP
  • Miller Thompson LLP
  • Ogilvie Renault LLP
  • Osler Hooskin & Harcourt LLP
  • Smart & Biggar
  • Tory's LLP

Elizabeth Anne 'Betiayn' Tursi [email protected]

The original thought behind the MLF Canadian listing was to have 20 Canadian firms that could be ranked on the basis of their marketing and communications programs. For a variety of reasons, it was decided that the final list should consist of 10 firms, and that these firms should not be ranked, but rather listed in alphabetical order (see the list below).

My colleagues in Canada ' Tracy A. Holotuk, a leading consultant, Larry Stroud, principal of Promarc Consulting in Toronto, and Phil Baudin, principal of Professional Services Group in Vancouver ' did a remarkable job of advising me, and Tracy's article on page 1 gives great insight into how law firms in Canada go about creating marketing and communications programs. I also had advice from a friend and colleague, Stephen Ruben, an attorney who for many years was the principal of Valuelaw Consulting Inc., a firm based in Toronto. Stephen is now the Practice Development Manager for New York's Moses & Singer.

I determined that two firms clearly deserve the highest recognition: Miller Thomson and Cassels Brock. Here are the highlights of their marketing and communications programs.

Miller Thomson

In the mid-1990s, Miller Thomson was a mid-sized Toronto law firm that was virtually indistinguishable from dozens of similar firms. Through a series of strategic and highly successful mergers between 1997 and 2005, the firm has grown to more than 400 lawyers with nine offices across Canada and affiliations worldwide. This rapid growth, coupled with a changing marketplace, necessitated a complete overhaul in the way the firm marketed itself. The newly formed Marketing Department was charged with creating a national identity and visibility plan for what is now the ninth largest law firm in Canada. Below are some highlights of the firm's marketing and communications plans, segmented by topic, highlighting selected strategies the marketing department has developed and implemented ' as submitted for the MLF Canadian listing.

The firm's marketing strategy is built on its unique positioning, inspired by Wal-Mart and supported by a positioning statement, position substantiation and proof points. Working with the firm's Accounting Department, Miller Thomson has developed a series of reports, including a Client Revenue History Report, Clients By Industry Report, Cross-Selling Report and a series of budget-to-actual expenses reports for all levels of marketing spending. The marketing department prepares annual budgets at the firm, office and national group (industry and functional) levels. A portion of forecasted revenue is set aside for individual and client team activities.

The results for this firm have been extraordinary. Over the past 5 years, the number of formal RFPs the firm has received has increased by 400%, and the firm reports that their success rate is 50%. The firm has also established an Emerging Specialty of the Month (ESM). Although originally designed as an internal awareness program, the ESM initiative was extended externally and obtained measurable results; including telephone inquiries leading to fee-for-service work and invitations to bid on RFPs. An umbrella project developed by the marketing department and implemented through the National Business Development Committee, 'Go Fish', was created to act as a link between several client-growth initiatives underway at the firm (Top 75 National, Top 25 Regional, and Next 100 National and the 20/100 and 5/50 growth projects). Cross-selling has increased by more than 100% since 2004.

As an example of the innovative ways in which the firm's industry groups communicate with their clients, the firm conducts a monthly Health Industry Seminar video and teleconference seminar series that reaches decision-makers at hospitals across Ontario. More than 80% of presenters have received phone calls leading to fee-for-service work, following their presentation.

In the Communications arena, the firm has implemented several programs, including one that has always had tremendous success ' Breakfast with the Media. This program is set up to allow reporters and editors from business and legal media outlets to receive individual invitations to join a group of the firm's lawyers for a casual breakfast. This, and other proactive media-relations activities, have increased the firm's presence in/on newspapers, magazines, radio and TV through outlets such as The Globe and Mail, ROB TV Squeeze Play and CBC Radio.

Another program is the firm's 'GrowthCo Initiative,' focused on a segment of the market that is well suited to the firm's positioning. GrowthCo is a combination education/sales initiative that puts the firm's lawyers face-to-face with entrepreneurs as well as media and associations aimed at growth companies.

In the area of advertising, the firm explored new ways to work with publications and organizations. Examples of their successes include working with Profit Magazine (Profit 100), Managing Intellectual Property (INTA insert and online resources), Canadian Consulting Engineer (monthly column), ReNew Canada (speakers' program) and Martindale-Hubbell (Counsel-to-Counsel roundtables). The firm has increased the number of rated and recognized lawyers in key legal media outlets, including Martindale-Hubbell, Best Lawyers in Canada, LEXPERT and Chambers Global. Miller Thomson was the first Canadian firm to highlight its Martindale-Hubbell ratings on its Web site.

Miller Thomson's visual communications program consists of various elements including:

  • Tagline. 'Essential minds for your essential business.' The firm's tagline is the external expression of its positioning statement and is used in advertising and other collateral, as appropriate.
  • Impossible Images Advertising Campaign. The firm's current advertising campaign, featuring a series of illustrations called 'impossible images' is designed to catch the readers' attention with striking graphic 'solutions' to complex geometric 'problems.' Response to the campaign has been extraordinary.
  • National Earlug Blitz. Aimed at bringing name recognition to the firm, the 'Earlug Blitz,' which appears in 10 national and regional newspapers across the country, is an extremely effective, yet amazingly cost-efficient, advertising program.
  • Student Brochure. The edgier design concept and packaging relates to the firm-wide image, yet appeals to a younger generation and stands out among the firm's competitors.
  • Miller Thomson Review. In lieu of a general brochure, the firm publishes a high-end bi-annual magazine called 'Review,' which incorporates dramatic photography with brief updates on legislative changes and business trends since the last issue.

The firm is also working on a redesign of its Web site.

Miller Thomson also excels in the area of community outreach, including:

  • National Alumni Program: 'Three Degrees.' Launched in June, this program is comprised of a buddy system, a newsletter, local networking events and an alumni page on the Web site.
  • National Pro Bono Program. The firm's program was described in the April edition of Lexpert Magazine.
  • The Miller Thomson Foundation. Conceived by the firm's Chairman and CEO in 1995, the Foundation awards scholarships annually to 200 graduating high school seniors who are pursuing post-secondary education.

The firm's commitment to marketing is evidenced by the fact that marketing is the only function in the firm that reports directly to the Chairman and CEO. Its program speaks to innovation and implementation.

Congratulations to Miller Thomson for its outstanding program.

Cassels Brock

Cassels Brock says that it 'look[s] for ways to live our brand each and every day.' From a client-service perspective, it means that their lawyers embrace the firm's culture of being bold, innovative, forward thinking, client-centric and direct. The firm has differentiated itself from the competition by not 'over-lawyering, over-charging or over-complicating' client representations. It is therefore no surprise that its marketing and business-development efforts have followed a similar path. The marketing team responded and developed a creative strategy to support these key messages.

An advertising campaign was launched in the newspaper media to drive home these messages in a bold and direct manner. Headlines that read 'I prefer attending longer meetings with more lawyers,' 'I just don't hire enough lawyers' and 'I just don't hear enough legalese anymore' were featured in Toronto and the national media. A call to action was included in the advertising that invited respondents to personally contact the firm's Managing Partner, Mark Young. This call to action allowed for some measurement and, in the end, there were new clients and increased brand awareness. Since the inception of the campaign, the firm continues to use this strategy in its external communications program. In 2005/2006 the firm created two pieces in conjunction with its Professional Development Committee:

  1. A student e-newsletter offering university students tips about finding the right law firm to work for; and
  2. A student brochure offering students their 'First File,' which communicated the message that at Cassels Brock, students work on client matters (more often in Canada client matters are referred to as 'files') vs. photocopy files.

Cassels Brock's marketing team is all about business development. The department works side-by-side with lawyers to create customized RFP responses. In 2005, the firm created an online tracking system, allowing it to monitor the clients/prospects for which the marketing team created pitch/RFP documents. As a first measure, in 2005, the marketing department assisted the lawyers in winning 50% of the formal RFP requests. For 2006, the marketing department is developing an online content database to create first drafts more easily. The department also offers business development and mentoring training to lawyers. In addition, the marketing team is continually looking for ways to improve how they serve the lawyers in the firm, including:

  • Knowledge Champion Network. Conducting a monthly meeting with practice group representatives and the Managing Partner to foster knowledge sharing and capture more deals/cases to ensure the firm is populating its knowledge database with relevant and timely data, as well as capitalize on any media opportunities.
  • Practice Group Business Planning. Recently began implementing a business-planning model in the firm. This will continue in 2007 and beyond.
  • Marketing Department Retreat. The marketing team holds an annual 1-day off-site meeting and social event to brainstorm ideas as to how to better serve the firm's lawyers. The format includes a discussion with the Managing Partner and business development heads, a brainstorming component and interviews with various lawyers to understand their needs. In 2005, a multiple-choice quiz called 'Test Your Marketing I.Q.', which contained Q&As on the department, was presented.
  • Tracking Our Time. In 2004, the firm implemented time tracking for all members of the marketing team. The marketing department is the only administrative department in the firm to track its time. A quarterly review offers an opportunity for the department to look at what was accomplished and how the department can constantly improve its capabilities.

Cassels Brock stands out as having an exceptional grasp of how a marketing and communications program can be focused both internally and externally to have a maximum impact. Congratulations!

The MLF Canadian 10

  • Blake Cassels & Graydon LLP
  • Cassels Brock
  • Davies Ward Phillips & Vineberg LLP
  • Goodman's LLP
  • McCarthy Tetrault LLP
  • Miller Thompson LLP
  • Ogilvie Renault LLP
  • Osler Hooskin & Harcourt LLP
  • Smart & Biggar
  • Tory's LLP

Elizabeth Anne 'Betiayn' Tursi [email protected]

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