marketing your law firm

marketing your law firm

strategiesfor

Moiré Marketing Partners is a branding and design communications agency specializing in the success of professional services firms. Helping businesses like law firms, accounting and CPA firms, financial and consulting firms, associations, and educational organizations is our only goal. We achieve this through strategic guidance, targeted design and measurable results.

All articles are copyright of Moiré Marketing Partners LLC.

www.moiremarketing.com 1

2 Use Your Bios To Address Your Clients

3 Would You Talk To You At A Party?

4 Your Logo Is Not Your Brand

5 A Firm’s Dynamic Culture

6 Learn From Consumer Branding

7 High Performance Isn’t Just About Speed

8 Are You An “Innie” Or An “Outie”?

9 The Problems With Budgeting

10 Who Controls Your Brand?

11 A Brand Doesn’t Just Happen

12 Going Mobile: A Marketing Must

13 Mobile-Friendly Or Mobile-Optimized?

14 Is New Media Still New?

15 Owner vs. User

16 Put Some Poetry In Your Marketing

17 Innovation Isn’t Just About Being New

18 Find Your Nugget

19 What Is In A Name?

20 Business Development Burnout

4 8 12 16Logo Is Not A Brand

These days, most potential clients’ first interaction with an attorney is via the firm’s website and their individual bio page. Sadly, most attorney bios are no more than a litany of straightforward facts.

TABLE OF CONTENTS

Innie Or Outie?

There are usually three main reasons why law firms take their marketing in-house: cost, control and time. These are all great goals to have, but taking marketing in-house is something that merits further examination.

Going Mobile

Did you know that over half a billion people use smartphones to surf the Web everyday? Last year, there were more than 3 million mobile websites, and are fast becoming one of the most dominant ways users access content.

Poetry In Marketing

How you say something is as important as what you say. If content is king, then delivery is its scepter, crown and cape. Dull language, like dull blades, cannot cut through clutter and into the hearts of minds of target audiences.

marketing your law firm

strategiesfor

2 Moiré Marketing Partners | A strategic branding + design communications agency

Use Your Bios To Address What’s Important To Your Clients

These days, most potential clients’ first interaction with an attorney is via the firm’s website and their individual

bio page. Sadly, most attorney bios are no more than a litany of straightforward facts that outline education, areas of practice, accomplishments and credentials.

Why Bios?Statistics from a number of legal

marketing firms measuring what percentage of time visitors to law firm websites spend on attorney bios range anywhere from 55% to 75%. This broad spread in numbers is due to how each firm monitors traffic to its clients’ sites, as well as other factors. Regardless, the fact remains that if over half the time that visitors spend on law firm websites is spent on lawyer bios, then most lawyers and law firms aren’t leveraging those bios to their fullest potential.

So what should a bio be? Perhaps that’s best answered by first addressing what it shouldn’t be—which is a resume. Instead, an attorney’s website bio should be approached as another form of marketing, following the same rules that apply to all good marketing messages. At its most basic,a good attorney bio addresses: 1) What he does for clients; 2) How he works with clients; and 3) Why he does what he does for clients.

Note the emphasis on “clients.” Even though your attorneys’ bios are about them, they are not written for them—they are written for the people they want to have as clients. That means the bio has to address what is important to clients—what they most want to know. This isn’t necessarily the same as what attorneys think clients should want to know.

Perhaps it’s the “just the facts” mentality of the attorney psyche. The majority of lawyer bios outline their areas of practice, their experience and their education. They might also list their various accolades and successes, along with publications and appearances. What most of them don’t include is anything that relates to how they work with clients and how they help them achieve success—in other words, anything that sheds light on why clients would want to work with them.

What A Bio Should BeA good, marketing-focused attorney bio

should not only address who they are, what they do and how long and well they’ve done it. The best attorney bios: 1) Identify the target audience; 2) Address that audience’s most common problems or challenges; 3) Show how that attorney helps clients or solves problems for them; and 4) Explain how their approach is different.

What follows are a variety of ways to improve attorney bios and make them more marketing-focused—and therefore more persuasive—in order to turn potential clients into actual ones.

Focus On What They Do For Clients

Certainly one’s education, experience, success and awards are important—and they have a place in your attorneys’ bios. But instead of making those things the focus, think of them more as supporting points for what your attorneys offer clients. Use the “what’s in it for me” test on your bios. Put yourself in the clients’ shoes and then ask, “How does this address my main issues and concerns?” Text that describes how a lawyer works with clients and his approach to client

matters does two things: It tells clients (or potential clients) what’s in it for them by working with that lawyer, making it more relevant and oriented to how the attorney fills their needs, and it reveals some of their personality as well. Including personal quotes or client testimonials about how a lawyer works with clients or approaches their practice also helps to make their bio more engaging.

Speak In The Client’s LanguageRefrain from peppering bios with industry

jargon and legalese, unless you are sure that clients understand and appreciate it. Most do not. If the clients don’t talk that way, your lawyers shouldn’t talk that way when speaking to them in their bios. Use the language clients use to describe their legal problems, business issues, etc.

Showcase Involvement In What Interests The Client

Clients want to know that their lawyers are connected to the issues and developments that affect them. So, in addition to high-lighting an attorney’s involvement in the community and legal associations, be sure to address their involvement in associations and


organizations that are connected to clients’ industries and businesses. This includes adding links to any blogs and articles they have written, speeches or presentations they have given, as well as events they have attended or are planning to attend, that have relevance to their clients.

Include Links To Other ProfilesDon’t forget about linking to your attor-

neys’ other online profiles. This is especially important if the audience is heavily involved in using social media. And certainly don’t forget to link those social media profiles back to the attorney bios and the firm’s website.

Include Or Update PhotosIt’s amazing just how many bios feature

photos that are a decade or more older. Perhaps the only thing worse than an outdated photo is no photo at all. In today’s

day and age, with photos so common on the Internet, particularly on profile pages, if a photo isn’t there, it may look like your lawyers are hiding something. Posting a photograph helps clients put a face to the name. Also, invest some time and money into having the photos professionally done by one professional photographer. This helps maintain uniformity across your attorney bio pages.

Be BriefDo you know those people who go on

and on about themselves and what they do? Don’t let your attorneys be those people. Like in all marketing materials, brevity is best. Use the printer test. If an entire bio can’t be printed on two pages or less, it’s too long. If an attorney has accomplished a lot that is relevant to his clients, consider drop-downs that can expand or contract the bio,

so that the audience can easily find and read the information that interests them.

Make It Easy To Contact Your Lawyers

If the whole purpose of posting an online bio is to help your lawyers connect with clients, make it as easy as possible for clients to connect with them. Provide several options for contact. Make them easy to find by placing them front and center, right near the name. Some clients don’t like to use the telephone and would prefer e-mail, so make both available.

ConclusionRather than giving your attorney bios

short shrift as something you have to put up because it’s expected, be strategic and make them work for both your attorneys and your clients.

Would You Want To Talk To You At A Cocktail Party?We often ask law firms this question when discussing their brand messaging strategy. However, the question seems even more pertinent when addressing their lawyers’ bios. With most traffic on law firm websites going to lawyers’ bios, it’s the perfect place to add that “human touch” that engages and connects with clients—making them someone clients want to work with rather than have to work with. You know, the kind of thing that makes people want to talk to you at a party. And yet, so many lawyer bios have all the warmth and interest of a slab of concrete. Why?

Perhaps it’s the “just the facts” mentality of the attorney psyche. The majority of lawyer bios outline their areas of practice, their experience and their education. They might also list their various accolades and successes, along with publications and appearances. More marketing-savvy lawyers will include links to blogs and other forms of thought leadership. What most of them don’t include is anything that relates to how they work with clients, their approach and their principles—in other words, anything that sheds light on their personality.

Most attorney bios read like a chest-pounding laundry list of experience, achievements and accolades—but give very little clue as to how they work with their clients and help them achieve success. There’s nothing inherently wrong with listing all those things, but they aren’t particularly

client-focused. Furthermore, they fail to take into account how clients actually make hiring decisions. While experience, reputation and results definitely play a major role in how clients choose a lawyer, when choosing between two or more attorneys of fairly equal experience, reputation and abilities, a client will hire the lawyer that gels more with their personality. Likeability and chemistry—like in anything else—is usually the deciding factor in getting the job.

Text that describes how you work with clients and your approach to their matters does two things: it tells clients (or potential clients) what’s in it for them by working with you, making it more personal and oriented to how you fill their needs, and it reveals some of your personality as well. Including personal quotes or client testimonials about how you work with clients or approach your practice also help make your bio more personal and interesting.

Keep in mind, however, to not over-do it. It doesn’t have to be long. In fact, the shorter, the better. Think “small talk” rather than life story. Going back to our cocktail party analogy—people who ramble on often end up standing alone in the corner.

Adding a little personality to your bio will go a long way toward helping generate new business, as well as


Your Logo Is Not Your Brand

To me, your brand is an expression of your personality. Branding is the strategy, planning and maintenance

work that goes into helping to form and develop the communication tools that will best express and communicate the person-ality of a brand. We all have loyalty to certain products or services, an emotional connection that make us smile or reach into our pockets and pull out our wallets. For instance, I have an emotional connec-tion with ING Direct. I notice the orange and blue color logo and the numerous placements this company has in the media, but I did not become a customer based on the logo or their placements. The user-friendly interface, their larger than normal interest rate for a savings account, as well as the accessibility of their other banking and investing products is what attracted me as a customer. In other words, a brand’s “personality” is multifaceted and a product or service cannot rely on any one element of its brand to make a sale.

As a branding agency that develops branding strategies and communications tools like logo design, website creation, collateral, social media strategy and imple-mentation, etc. for professional services firms, it appears, all too often, that many firms still believe that their logo solely defines their brand.

We recently received an RFP for a “branding and marketing communica-tions strategy”. As we read through the well-written RFP, it became clear that there was no branding involved at all, yet the firm and their RFP repeatedly kept referring to their logo as their brand. This got me wondering. Where is the communication gap? Maybe it is a lack of education regarding the fundamentals of branding. Perhaps they got the idea from the Coca Colas, Nikes and Budweisers of the world that push their logos in multiple commercial mediums. But again, these companies’ logos do not define their brands. Their logos alone do not sell their products. Think about it, why do you purchase a particular product? If I were to venture a guess, your answer would most likely involve an emotional connection or response to an aspect of that brand’s personality or service offering.

Defining Your BrandIt is important to understand what

designing or redesigning a logo really means and how it affects the development of your brand. A logo is simply a mark that represents you, the firm to an audi-ence. Like Budweiser and Nike, your logo is not solely responsible for selling your services, recruiting high-profile attorneys or empowering your employees to be brand ambassadors and communicate with the same voice. Prospects do not buy your logo—they buy the benefits and services you provide. Everyone loves a pretty face, but it is what is underneath that matters the most.

Certainly, a logo is an integral part of many rebrands. However, it is only one element, one of the tools we use in our marketing arsenal. How are you going to communicate your values and culture to your audience simply through a logo? A logo can express a lot about who you are, but it doesn’t speak for you or define your personality. Your brand should offer promises and ways to deliver on those promises—a proposal of sorts that engages your audience. Think about the communi-cation channels that are being considering for an update. This might be a website, brochure system, collateral and letterhead or even a new logo. Each of these will incorporate multiple design elements to help communicate your brand as well as

your personality, and that will encourage people to connect with your firm. A revamped logo alone won’t do the job.

Beginning The Branding ProcessMore often than not, it is budget that

dictates what is possible when upgrading or redefining a firm’s brand. Focusing on a logo redesign may not necessarily be the answer—perhaps money can be appropri-ated to different aspects of the rebrand. We suggest that you begin every branding assignment with a brand strategy exercise to help pinpoint key insights and aspira-tions from your firm leadership and your clients—including an analysis of your potential competitors. It is the nexus of these three segments, which dictates your brand and its needs. It is at this point that you and your branding agency can strategically determine what your firm’s brand is and what marketing communication vehicles make sense for your firm. Unfortunately, there is never a “one-size fits all” or an “off-the-rack” approach to branding and marketing communications.

Re-engineer Your ProcessThink about your firm and what

it represents. Do you have a niche in a specific industry? Do you represent a great winning percentage? Are your employees and their knowledge valued? Is education


“It is important to understand what designing or redesigning a logo really means and how it affects the development of your brand. A logo is simply a mark that represents you, the firm, to an audience.”

an important aspect for new hires? Does your firm have experienced thought-leaders? Would your clients refer you to others? Do all your employees consider themselves brand ambassadors of the firm?

All of these questions impact your firm’s personality and help to define your brand. Your audience helps to build these types of distinctions, which will ultimately result in the shaping of your brand. Your logo, website, collateral and sponsorships are components that help communi-cate your brand and, hopefully, create a connection with your audience that leads to brand-loyalty.

So, when you and your firm are consid-ering a rebrand and immediately thinks “updated logo”, you should bear in mind the following: will that logo alone be able to communicate your firm’s fundamental ideals or values to clients and prospects? Or, will it be how you apply that logo that really matters? You cannot design a brand. A brand is thoughts, feelings, and emotional connec-tions individuals have to you.

We hope that the next time you start thinking about your “brand”, that you take into account what goes into building and supporting that action, and what that word actually means. We need to all accept and understand that a logo is the face a brand wears but not the substance. The logo is the tool we use to create recognition and recall, but the feelings that accompany that recognition are dependent on the brand’s personality that has been strategically devel-oped to best communicate your message to your multiple audiences.

A Firm’s Dynamic CultureMoiré Marketing Partners conducted a total rebrand for Freeborn & Peters. The new tagline “Your Future Is Our Purpose” and its redesigned website represents the dynamic culture of the firm and the client-focused nature of how they conduct business. Yes, they received a logo, but it is the firm’s personality and how it does business and works to solve their client’s issues that closes new business.

These are the critical features that dictated this firm’s brand. The logo, website and other elements are all tools the firm uses to help promote and position the firm’s brand, but they do not define it. However, these tools could not have been developed without realizing first the personal components that needed to be elevated so that the firm could better realize its brand potential and the important role it played in the process of the development of these communications tools.


When holidays are around the corner, consumer marketers rev up their collective engines

in the race for our dollars. And while the onslaught of advertising may be so deaf-ening and intrusive that most of us will seek to avoid it, legal marketers should pay some attention. There are a number of things that we as marketers could learn some from the consumer side as we prepare our marketing plans for the coming year.

Consumer branding and marketing places emphasis on the emotional aspects of a purchase based on a product’s status or the target’s personal aspirations. Branding and marketing professional services, on the other hand, leverages rational buying decisions based on business values and objectives. The problem for law firms lies in that most seek lifetime relationships with both business and private clients, which means they often find themselves straddling the line between two traditionally different target audiences. Logic and rational decisions prevail over emotion in much of legal marketing, but often at the price of not connecting with the law firm’s target audience.

Yes, legal branding and consumer branding exist in separate universes in regard to marketing tactics, audiences and objec-tives. Nevertheless, there are still principles used in marketing to consumers that legal marketers would do well to emulate—partic-ularly when it comes to connecting with a target audience.

Engage Your AudienceThe great adman David Ogilvy once said,

“You cannot bore people into buying your product.” Unfortunately, far too many law firms seem to be trying to do just that with their marketing efforts.

To be fair, none of these firms are delib-erately trying to be boring. Their messages are serious and reflect their knowledge of the practices and industries they serve. They want to be trusted advisors and partners, after all, so their messaging is communi-cated in the language of the courtroom and the boardroom.

The problem is, marketing is not a board-room presentation or an argument presented

in court. It’s speed dating— especially in the age of the Internet and social media. And faster than you can say, “We provide our clients with objective legal counsel and solutions to help them better manage their business objectives across a broad range of industries,” your audience will have moved on to more interesting pastures.

So, how can legal marketing be more interesting and engaging? We often tell our law firm clients to imagine they’re talking to someone at a cocktail party. Would they tell that person what their firm does in the same way they would in an office setting? Most would not (except, perhaps, for tax attorneys). In such a situation, it’s more likely that they would strive to be urbane, yet approachable. And they would draw someone in by asking that person to talk about themselves. “Engaging the customer,” as it’s called in consumer marketing.

Be MemorableIt’s funny how many law firm clients refer

to iconic consumer brands when it comes to creating a logo, tagline and theme for them. “I want something our audience can recognize as uniquely us, something they can relate to, like the Nike swoosh and ‘Just do it.’” Yet what do they often end up choosing? “Delivering Legal Solutions,” or something along those lines. Delivering solutions, producing results and commit-ment to client goals—these are the “ante” into the game that every law firm possesses. Which means that basing your brand message on those principles won’t exactly make you memorable.

The best brands are memorable because they connect with the audience—some-times on an emotional level, sometimes on a logical level, most often a combination of the two. Part of it is the “poetry” of the words and the design. But mostly it’s because the message creates a personality for the company or product that causes the audi-ence to nod their heads and say, “Yes, I’m exactly like that.” The audience relates to the personality that the brand projects.

Law firms can achieve the same reac-tion from their audience by building their message on the philosophy or approach

of the firm. Don’t start off by telling the audience what you deliver or solve. Start by saying what you’re about. Let the foundation of your brand message be about your firm’s philosophy, which most likely resonates with your target audiences’ beliefs, and it will stand out from those who simply talk about themselves and all the solutions they deliver. Remember, it’s about the client’s needs and not what you can do—which, unfortunately for you and your firm, a myriad of other firms can do as well.

Keep It SimpleWhat makes consumer brands so memo-

rable is that they stand for one thing. Volvo and Michelin promote safety. Campell’s soup is about comfort food. Apple is about user-friendly design. In contrast, many law firms try to say too much in their marketing. They try to solve too many problems for too many people, instead of focusing on one or two messages about what they do really well. This is especially true when it comes to their websites. Instead of trying to cram every-thing onto your homepage, focus on a few important messages. No one likes to read that much, anyway.

Embrace The NewConsumer brands excel at this. They’re

always looking for the next new marketing vehicle to help them reach their target audi-ences. They were among the first to jump into the Internet, social media and mobile applications. Professional services firms, however, have slowly dipped their toes into those waters.

For instance, while almost every law firm now has a website, they have been relatively slow to jump into social media and mobile marketing. Granted, consumer marketers use social media primarily as a means to generate sales.

For law firms, however, the objectives are different. Social media offers a way for them to stay in touch with alumni and, even more important, attract lateral recruits and staff to their firm. It also provides a forum for lawyer-to-lawyer discussions, many with in-house counsel participants, that can reinforce the human element of a firm’s

What Legal Marketers Can Learn From Consumer Branding


position on a business or legal topic and drive engagement.

Admittedly, not every new marketing tactic will be applicable to the legal industry. However, with so many law firms proclaiming themselves to be innovative and up-to-date on the industries and practices they serve, it should also be reflected in their marketing as well as marketing tactics.

Generate LoyaltyBoth consumer and legal marketers

strive to build customer/client loyalty. We all know that it costs more to acquire new clients than to retain the ones you already have, so establishing and maintaining good relationships with existing clients is just as important (if not more so). In the consumer arena, loyalty is often rewarded with special pricing and discounts, rewards programs and promotions. Loyalty is about keeping customers and selling more

to them. In the legal arena, loyalty is solely about building and keeping clients through a high-level of service and perfor-mance. Beyond being attentive to client needs, delivering on promises, providing positive outcomes for clients and offering greater predictability in terms of costs, there are a few other ways law firms can create a loyal base: • Webinarsandpresentations. To demon-

strate your industry expertise and thought leadership, consider hosting client-only webinars or presentations wherein senior executives learn about the latest legal developments or strategies affecting their industries.

• Sponsorindustryandcommunityevents. Invest loyalty where it’s been invested in you. That means becoming more involved by dedicating time and money into the industries and communi-ties that your clients are in.

These days a lot of firms are sitting on the sidelines, waiting until the market improves to make a move. Climb out of your shell and outsmart your competition. Take advantage of this quiet time to differentiate yourself and get ahead.

Here are four tips to help you stay ahead of the pack.

1. Use a marketing audit to assess the performance of your marketing initiatives. A comprehensive review and appraisal of your marketing functions can help you realign marketing objectives based on the needs of your firm, gain competitive knowledge and establish yourself as a trusted expert in the eyes of managing partners.

2. Develop a strong alumni program. It’s not just goodwill that your alumni can spread throughout the business community—they can also spread your business. You can expect roughly half of your former employees to wind up in a position to influence business development decisions at another company. They may hire your firm directly or affect the decisions made by others.

3. Train attorneys to be brand ambassadors. Arm attorneys with elevator pitches and key messages that are on brand so they can share stories about the value that your firm delivers to clients and ultimately raise brand

High Performance Isn’t Just About Speed. It’s About Being Smart.

awareness. Based on their comfort level, encourage attorneys to meet with clients more often, participate in professional and industry events or connect with clients and prospects online.

4. Make business development enjoyable for attorneys. To cultivate the inner rainmaker in your attorneys, help them figure out what they enjoy doing and play to their strengths. Have an attorney who is painfully shy? Encourage him to write articles and contact prospects who would be good sources. By cultivating clients through activities attorneys enjoy, they’re more likely to get clients they actually like and work they’re excited about.

• Provideaclientfeedbackloop. There is always room for improvement. Learn what your clients’ expectations are for any given case and act on them. Continue to gain client feedback throughout various phases of the relationship to determine where your firm excels or falls short. Not only does client feedback help elevate your levels of performance and service, it lets clients know you care about their opinions.While consumer marketers are facing

many challenges of their own, they’ve at least had many years to research and develop a good understanding of consumer marketing and branding principles. Legal marketers can create more impactful and effective marketing and communications campaigns by adopting just a few of the practices of consumer marketers without fear of diluting their brands.


Are You An “Innie” Or An “Outie”?

There have been a lot of interesting discussions going back and forth in the Legal Marketing group’s forum

on LinkedIn. The topic is about whether there’s a trend among law firms to move their marketing and creative in-house and—more important—if it’s a good idea. It’s garnered a lot of discussion within the group, both pro and con. Now you might think our opinion on the subject is biased, since Moiré is a marketing firm that does a lot of business with law firms. But several of us have also worked for in-house marketing and creative units, so we believe we have a fairly balanced perspective.

There are usually three main reasons why businesses—and let’s just say for the sake of this discussion we’re talking about law firms—take their marketing in-house: cost, control and time. The argument goes that firms who take their marketing in-house will save a substantial amount of money, have greater control over their messaging and marketing approach, as well as be able to produce marketing materials and react to new opportunities faster. These are all great goals for law firms to have, but whether or not they can be achieved by taking marketing in-house is something that merits further examination.

Cost

Copywriter = $75,000+Web Designer/Developer = $80,000+Art Director = $90,000+Marketing Director = $100,000+Cost of an in-house creative unit = Pricey

Granted, the above salaries are aver-ages and they could be lower or higher depending on locale. But regardless of where you’re located, those figures don’t include the cost of any support help like production managers and assistants, the outlay of capital toward additional health and benefits packages, not to mention the investment in the necessary equipment, materials and graphic-design software needed to operate.

Done properly, in-house marketing communications departments require a significant financial commitment. Now it may be argued that it can end up being less

expensive in the long run, with firms not having to pay an agency for every project down the line. But when you factor in all the expenses involved in recruiting, hiring and maintaining an in-house marketing communications department, there are rarely any significant savings over an outside marketing firm.

ControlThere’s no denying that law firms who

take their marketing in-house will have greater control over what they say and how they want to say it than they could ever hope to have with an outside marketing firm. If you have someone working for you, you can pretty much get them to do exactly what you want because you pay their salary.

Such control is undeniable, but is it desirable? While there may be a great deal of truth to the premise that you know your firm and its vision better than any outsider, often that internal vision can be focused so far inward that it loses sight of the audi-ence on the outside. What’s important to you may not resonate as much with potential clients.

A big advantage that an outside marketing firm offers is perspective—an objective way of looking at marketing and communications problems and solutions

that may be impossible for those inside the firm to see.

It’s the kind of perspective attorneys offer their clients, who are often too close to the problems to see the answers. Marketing firms attempt to help their clients see that objective viewpoint. We make recommenda-tions based on our experience and on our knowledge of what the audience—although not necessarily the law firm—wants, which our clients are free to ignore or follow.

Which raises another issue regarding control. Quite often, businesses and law firms approach their in-house marketing and creative units with a “just get it done” attitude. What it means is that the higher-ups in the firm are less interested in hearing the marketing recommendations of their in-house people and are instead more focused on having them execute the marketing ideas of management. It’s a rela-tionship that’s akin to the old adage, “You don’t coach your spouse.”

If a firm is thinking about moving its marketing in-house, at least follow the recommendations of the in-house marketing people. It will save a lot of frustration.

TimeIt takes a great deal of time and energy

to develop and train an in-house marketing


communications department. But once it’s up and running, can the in-house depart-ment produce marketing materials as fast or faster than an outside firm? If your firm operates like a well-oiled machine and decisions are made quickly, then the answer is yes. I worked as the in-house Creative Director and Marketing Manager for a technology firm in the dot-com heyday of the early 2000s. The CEO liked to brag to clients that our firm worked at “Internet Speed.” And we did. We were able to produce marketing materials twice as fast, just as good and at less the cost than the outside agency from where I’d been plucked.

However, if your firm moves at a glacial pace because it’s hard to corral the decision makers or everything must be done by committee, then the answer is no. I also worked in-house for a large commercial real estate information company. Everything had to go through four layers of management before it was seen by the CEO. It took us six months to produce a direct mail piece promoting a new service that had been launched eight months before.

People hire a mechanic to work their cars because they don’t know anything about engines, lawyers because they have a better grasp of the law, and accountants to do taxes because they don’t want to be audited by the IRS. Law firms should seriously consider hiring branding and marketing agencies for the same reasons.

The Problems With Budgeting1. Lack of an existing budget and/or little to no institutional knowledge

as to how money was allocated to marketing in the past. (Believe it or not, there are many firms out there that still do not have a formal marketing budget.)

2. Younger marketers who come up through the ranks within a firm say they receive little to no mentoring on how to budget or approach the task.

3. Senior marketers who move to a firm find that their new firm approaches budgeting in a far different manner than they are accustomed. As a result, even experienced marketers are faced with spending long hours getting up to speed learning how the firm allocates its budget and what department is responsible for budget line-items.

4. Some marketing professionals who are new to the legal profession are inexperienced with the unique ins and outs of the partnership model and institutional expenditures inherent in most firm’s marketing budgets.

Strategy And Budget In Place

Make your budget as information rich and as detailed as the firm needs. Keep good records during the course of the year regarding what worked and what didn’t, so you can be more efficient next year (or so that future marketers can add efficiency).

The main thing to remember is that there is no magic bullet when it comes to budgeting. No one-size-fits-all. Each firm’s budget has to be unique to the firm and take into consideration who you are and what you can realistically get done and completed in the given period of time that the budget covers.

There are a lot of online resources, including downloadable PDFs and sample budgets. Take advantage of this information. Look on the LMA website under the Resource Center, where you can find valuable information from LMA members to give you guidance and assistance.

Quite plainly, it’s all up to you. Budgeting is an important part of our jobs and adds greater credibility to marketing. While you may never look forward to doing budgets, you can make the process easier, smoother and, yes, more enjoyable.

The argument goes that firms who take their marketing in-house will save a substantial amount of money, have greater control over their messaging and marketing approach, as well as be able to produce marketing materials and react to new opportunities faster.


Who Controls Your Brand – You Or Your Clients?

We are all familiar with the old adage “You are what you eat”, but is your firm allowing your clients

to take control of your brand by awarding you the cases they send your way? In essence, are they defining your firm by what they allow you to eat? And, are you allowing your clients or target audiences to speak about you without accurately conveying your firm’s brand message?

These are questions that have growing merit in a world where your clients are not simply controlling your brand by the type of work they send you, but rating your perfor-mance on your ability to understand their objectives and expectations. They are also rating your legal expertise, your efficiency and management of their processes, your responsiveness and communication, as well as your ability to predict their costs and budgeting skills.

So what’s a firm to do? Hide their head in the sand and hope this all goes away, or embrace the new transparency that has been given to all law firms and turn this infor-mation into an element of a positive and constructive brand? Law firms need to take back control of their brands.

What are firm’s doing to better gain control of their brands? They are using findings from client interviews to tell better client stories as opposed to building websites that focus internally—focusing only on their capabilities. In other words, they are moving away from the chest-pounding approach to one that is more client-focused.

An increasing number of clients are coming to your website: to learn how well your firm understands their business objec-tives and expectations in terms of outcome, efficiency at managing their cases, your communication skills and the firm’s ability to predict their costs. The best way to convey this information is through case studies and stories. Why? Because we live in culture that wants its information fast and in short sound bites, particularly if the story has a direct relation to you and your business.

StorytellingStories, case studies and testimonials—

where bar rules permit their use—are

extremely powerful marketing and branding tools that many firms consistently fail to use on their websites. Law firms often overlook how case studies can clearly and concisely convey how your firm understands clients’ business objectives and the firm’s efficiency at managing clients’ cases. Sure you can say and describe all the experience you may have in a particular area of law, but we live in a world where the sound bites and a smart headline about a client earns more attention on your homepage than any self-laudatory description that may be buried within your firm’s practice area descriptions.

We hear it over and over again, but the importance of storytelling is essential for a successful brand. Storytelling allows you to reach your audiences in ways that can help influence their purchasing or by entering your firm into their consideration set. The best storytelling offers a two-way approach, giving your audience an opportunity to respond and share their experiences. For instance, blogs and social media are great ways to help control your brand while offering valuable and meaningful content to your audience.

Target MarketingTarget marketing, such as client alerts,

helps a firm control its brand and provides benefits to its clients because the messages are specific to a targeted audience. Not all law firm clients are the same. While top-of-mind issues and challenges may be similar, being able to customize and cater to the specific needs of your clients is essential in establishing a consistent and powerful brand—a brand that is managed by you and not your clients. This is one way law firms can improve communication skills with clients while demonstrating that they have an understanding of their clients’ specific business needs.

For instance, many firms offer a sign-up form on their websites to receive newslet-ters, blog posts and alerts. In addition, many firms have entered into the world of social media. Think about the information your firm is presenting in each of these mediums. Is the information important to all of your clients? Most likely it is not. Segmenting your mailing lists into specific industries will help to create a stronger response and more powerful firm brand. Think of these mediums as valuable conversations or two-way communications, rather than a one-way dialogue. Clients will begin to think, “My law firm gets me” or “I get hundreds of emails a day, but I can always count on my law firm to send me information that is relevant to my business.”

What’s In It For Me?Attracting new clients is certainly more

difficult than retaining current clients—a well-known fact that everyone agrees upon. Prospects want to know that a prospective law firm is solving cases similar to their challenges and issues. Rather than using the chest-pounding approach that we see on many law firm websites, consider expressing your firm’s brand messages with testimonials, case studies. While clients still hire lawyers, General Counsel still need to defend and validate the selections of the law firms they hire to the boards they report to. It’s much easier to defend the selection of a law firm that listens to them rather than one that speaks at them. At the end

Think of these mediums as valuable conversations or two-way communications, rather than a one-way dialogue. Clients will begin to think, “My law firm gets me” or “I get hundreds of emails a day, but I can always count on my law firm to send me information that is relevant to my business.”


of the day, the benefits your firm can offer a client outside of your vast experience is growing in importance to boards and in-house counsel.

Effectively communicating your firm’s value through testimonials and case studies can help attract and hone your brand message to the audiences you are trying to reach. In fact, your firm should consider this information and client feedback essential components in the development and promotion of your brand. Your clients are still your best referral source. Promoting the work that you have done on their behalf can speak volumes as opposed to that one phone call one in-house counsel made to another to identify a firm that was best suited for their legal matter.

ConsistencyBeing able to communicate your brand,

top to bottom, left to right, with the same consistency that you help to protect your clients’ businesses is also a critical consid-eration when looking at who controls your brand. When clients see consistency and repetition, they tend to recall your firm’s value proposition much easier. It is when firms leave their brands open and unlocked that they allow clients—as well as other firms—to take control and communicate who they are and what they do (and they are not always communicating it accurately).

To help with consistency, you can develop an ambassador program. The people who make up this program are

called brand ambassadors. These individ-uals speak with the brand in mind and help control the brand and its messaging within their departments, the offices, online, in print, etc. They are the gurus and flag-bearers of your brand. They help to shape, control and manage the brand to help minimize outside interfering noise to help illustrate what your firm stands for and who you are or what value you provide clients.

Transparency in the legal profession is here to stay. Law firms can either embrace this change and take appropriate steps so that they are in greater control of how their story and their brand is represented in the marketplace, or the market will do it for them. As law firm marketers, the choice is entirely up to you.

A Brand Doesn’t Just HappenNike’s “Just Do It” didn’t just happen. The tagline and the brand that’s been built around it was developed through a process. It most likely entailed numerous interviews in focus groups with athletes and aspiring athletes to understand not only their wants, needs and thoughts.

The process included market, competitor and SWOT analyses, demographics, studies and a host of other data and research. In the end, all the information was compiled in a single document. Some advertising agencies and marketing communications firms call it a Brand Strategy Outline or Strategic Positioning Document. Moiré Marketing Partners calls it a “Brand Platform.” In any case, a brand positioning statement or unique selling proposition that defines what it is that makes the company, product or service stand out. In Nike’s case, the statement might have read something like this: “Nike athletic shoes and apparel offer the fit, style and performance that inspire you to action, to participate, to get out of bed at 5 am to run instead of sleeping in, to become fit and healthy, to give you the confidence and ability to achieve your goals.”

From that mouthful ”Just Do It” was born. It is the artful distillation of all the data and information contained in the brand strategy document into a statement that is concise, evocative and memorable.

Whether it’s consumer advertising, B2B or professional services marketing, developing a brand entails a process that’s half science and half art.

Brand Platform. The Brand Platform is the nuts and bolts of the branding process, providing the framework upon which the expression of the brand–tagline, logo, creative style–hangs. It is comprised of a number of steps, which include competitive and market analyses, internal and external research, as well as internal and client interviews. The Brand Platform document that our clients receive transforms the research, interviews and insights into a strategy that provides a clear direction for the brand.

Brand Expression. This is where the magic happens. It involves a creative process where everything in the Brand Platform is distilled into a message, style and design that communicate the qualities that the brand represents. Three elements go into the expression of a brand:

• Brand Identity and Tagline/Theme• Brand Voice• Brand Visual Style

Whereas the Brand Platform is prose, the Brand Expression is poetry. The tagline or theme, the voice of the message and the visual style convey the brand’s qualities and benefits in a way that is meant to connect and resonate with the target audience.

There are no shortcuts to developing a brand. You can’t have the creative and compelling expression of a brand without the hard facts of figures of a brand platform. But without the art of Brand Expression, there really is no “brand.”


Going Mobile: A Marketing Must

Did you know that over half a billion people use smartphones to surf the Web everyday? In 2008, there

were 150,000 mobile websites worldwide. Last year, there were more than 3 million. Mobile websites, sometimes referred to as “mobi’s”, are here to stay and are fast becoming one of the dominant ways users access content. Morgan Stanley predicts that by 2014, more people will access the Internet from mobile devices than from computers. According to Google and their recent study, “The Mobile Movement: Understanding Smartphone Users”, nine out of ten smartphone searches results in an action (purchasing, visiting a business, etc.). When you look at statistics like these, having a mobile website is no longer a maybe, it’s a must.

Mobile Website vs. AppAn important distinction to make is that

a mobile website is not an app. This may sound silly to most smartphone users, but for many professional services marketers the difference isn’t that obvious. Here are a few points that will help break it down. An obvious difference is that apps are made for one kind of mobile device and have to be downloaded and added to the individual’s smartphone. In other words, you are asking people to make a commitment by down-loading an app. A mobile website is accessed through a browser, such as Safari. As an extension of your brand, a mobile website is an abbreviated version of your main website, making it easier and more efficient to navigate.

While a well-developed, engaging app can prove to be beneficial from a brand’s perspective, there are a couple of draw-backs. Many are not developed for every operating system or every smartphone. You need to understand your audience and make that strategic development move. Did you know that Apple has over 775,000 apps (300,000 native to iPad) available? Perhaps not an alarming statistic but something to ponder, Digital Trends research has shown that 26% are only used once. In addition, if your firm does not integrate your app into your marketing plan, how will people find it? Give it a try, type in “law firm” in your iTunes store and see what AmLaw

200 firms appear. My guess is that you will not find many or any. There is a reason for that… Many of these firms develop apps for their blogs (i.e., Arnold & Porter’s Consumer Advertising Law Blog). As a client or prospect, I am expected to down-load individual apps for blogs, while taking up precious space on my smartphone. The thing is, I can also get these blogs from a well-developed mobile website.

Unlike apps, mobile websites can be visited by any person who can access the Internet from their phone or tablet device. In other words, mobile websites are practi-cally universal while apps are not. Nobody is excluded from learning about your company or interacting with it on a mobile website like they may with an app.

The mobile website vs. app debate will continue to go on, but one thing is for certain: it doesn’t matter whether a firm offers a mobile website or application, what matters is that you make your content engaging and easily accessible.

Creating A Mobile WebsiteCreating a mobile website that can

accomplish the same goals as your main website can be tricky. First, you need to realize that the user’s objective is most likely different on a smartphone then on a desktop computer. In order for your mobile website to achieve Web success, your mobile marketing strategy might need some re-thinking.

1) Start With ArchitectureBefore you create a mobile version of

your website, you need to look at the site’s architecture. This will help you decide what information is important to your audi-ence’s needs. Look at the navigation. Are all menu items vital to the user? Shorten the copy by putting yourself in their shoes. Would you read someone’s entire bio from your smartphone? It may mean eliminating some of the fluff so that it’s easier for users to digest. Remember, viewers have short attention spans so you need to decrease the number of pages. Make sure to include mobile-specific links like a “contact” page. One of the main reasons users visit your site via their mobile device is to either email you, look for your phone number or to find your office address.

2) Short, Sweet And SimpleKeep the navigation simple and built for

efficiency, because speed is everything to smartphone users. The design should stay within your branding style, images should be optimized for quick loading and the content scaled to provide an even more effective user experience.

3) Social Media, YesEven though you may incorporate social

media feeds into your mobile website, your audience still needs to be able to find links on your website. Be sure to put links such as LinkedIn on each person’s bio page or your


firm’s Facebook or Twitter page icons on the contact page. These buttons should be there, but not on the home page. You don’t want the viewer to leave your mobi so quickly.

4) Test It On Multiple SmartphonesTest the mobile website on a variety

of smartphones. What looks good on an Android phone may not look good on an iPhone or BlackBerry—just as some websites don’t translate well on all desktop browsers. Even though technology is improving everyday, it is important to note that some older mobile devices do not support the downloading of content in certain formats. What might appear on the iPhone is the mobi version, while on an older Blackberry the “full site” may show up. Browser compat-ibility is still the main issue limiting mobi viewing capability. In developing the mobile site, it is key to have it tested on multiple browsers and mobile devices to ensure optimum performance. In some cases, it may make sense to develop more than one mobile website to reach your audience with different smartphones.

5) Measure ResultsJust like your main website, make sure

you have the ability to track analytics. This way you can quickly figure out how much traffic you’re getting from smartphones. Measuring your mobile audience is extremely important and vital to your online marketing success. Being informed about what devices your target audience use will affect your mobile website design decisions. For example, if your mobile audience is 90% Android and iPhone, you shouldn’t worry too much about compatibility for old BlackBerries.

Transitioning your full website to a mobile website is one of the most important and strategic moves that firms are making. According to studies, mobile websites could easily be considered the fastest growing segment in the digital space today. And if done correctly and strategically, it could be extremely profitable. Mobile websites are quickly becoming an essential part of the web marketing mix—no longer an option but a must. Your clients and prospects are on the go and they need the flexibility of mobile access. Audiences are going to visit your website on their smartphones whether or not you do something about it. The question is, will you take the steps to grow your brand and embrace the mobile revolution?

Mobile-Friendly Or Mobile-Optimized?Mobile-friendly websites and mobile optimized websites are two different types of websites. If a website is Flash-based, it falls into neither of these categories. As the mobile space continues to see unprecedented growth, the importance of understanding the difference is becoming crucial. It could mean the difference between winning or losing a prospective client.

A mobile-friendly website is an HTML based website that doesn’t contain Flash. At the very least, this type of website is recommended. It means that a website is viewable on a smartphone, but it is not optimized for a smartphone. The viewer has to pinch-to-zoom, scroll left, right, up, down and figure out how the site “works” on a smartphone. Sound cumbersome? That’s because it is.

This is where a mobile optimized website becomes relevant. A mobile optimized website is a website that is designed specifically for smartphones, not a desktop computer. This is important because the small screen is much different than a 17” screen. Mobile screen real estate is smaller and must be used much more strategically.

A mobile optimized website doesn’t require that someone scroll left/right. It doesn’t require that someone pinch and zoom to read text, either. On a mobile site, the navigation is built for a efficiency, the images are optimized for quick loading and the content is minimized to be most effective. Additional, mobile-only functionality includes tap-to-call, tap-to-email and tap for Google Maps functionality.

As time progresses, firms should be budgeting for a mobile optimization strategy.

Why?

Because poor experiences don’t convert customers. When viewers visit a website on their smartphone that is not mobile optimized, they will go elsewhere. Knowing that, I ask, what is the lifetime value of a customer? If you’re using Google Analytics, you can quickly figure out how much traffic you’re getting from smartphones. Do the math, assume 25% don’t convert because of poor experiences and you’ll quickly determine how much money you’re losing.

At the end of the day, mobile apps are optional, but mobile websites are a must. Audiences are going to visit websites on their smartphones whether or not firms do something about it. The question is, who will embrace this change, adapt and stay one step ahead of the competition.


Someone once said, “New media is no longer new but its definition varies by awareness, education and experience

of the user.” There are many revolutionary products and services that the market offers. It seems that everyday brings with it new ideas that enhance our efficiency. Responsive web design, startup incubators and mobile payments are three progressive products and services that aren’t necessarily “new” media, but can be considered new enhancements that aid growth, advance-ment and understanding.

Responsive Web DesignResponsive design encapsulates the need

for users to view a website on different browsers and devices. This design and development of a website uses what is called media queries and represents fluid grids depending on your browser size. The content on a website is easily and efficiently viewed on all mediums, giving the user a meaningful experience in understanding your brand and messaging. With the on-the-go user, mobile has become a neces-sary element of any brand. Media queries allows the user to experience your website on their mobile or tablet, while offering the same content users experience on the website. Sites like www.responsive.is offer designers, developers and clients a view of how their site presents across different browsers and devices.

Startup IncubatorsCollaborative work environments have

been around for ages. Many are now drilling deeper and providing benefits that past environments did not. As one example, Geekdom in San Antonio, TX, caters to entrepreneurs, technologists, developers and “creatives” looking to build a busi-ness and create meaningful products and services that satisfy a need in the market-place. Geekdom provides a work setting for individuals working toward common goals and objectives in the greater San Antonio-Austin area, according to its website.

Mobile PaymentsClients and consumers are on the go.

Increasing efficiency is part of the core idea of creating something “new”. Mobile

payments have become more popular, offering convenience and expediency to the user.

We have all heard of Square and even PayPal Here, but event management software, like Eventbrite, is getting into the game. What makes Eventbrite’s At The Door product unique and different is the integration of sale and the consumer information for database collection, and attendee follow-up, which creates a seamless new business and event tracking system. Mobile payments are an example of the direction that companies like Eventbrite will benefit from because it is an innovation/evolution to the mobile payment market.

Although innovative, these progressive forms of media are not “new”, but what is “new” is the approach and the creative minds seeing a need in the market or industry. This is how “new” is reinvented to fill current voids. As a result, it then becomes important to take into consider-ation a few things:

• What determines the label “new”?• Why is the newest thing a priority to

some but not to others? • Why are some industries more progres-

sive than others and quicker to act than others?

Certainly an industry’s culture, awareness, education and experiences all help to determine and influence the value of “new”. We all have the same access to media and communica-tions, but the way these mediums reach certain industries differ. I believe it is industry culture that plays the largest role in helping to determine awareness, education and experiences as it relates to defining “new”. Some industries are traditional and/or conservative, while others present a progressive approach to marketing and advertising. For example, there is a large disparity between law firms and consumer packaged goods (CPG) companies.

Law Firms & Consumer Packaged Goods

Law Firms can learn a lot from consumer package goods. From social media integration, to interactive, to advertising campaigns, the CPG industry has been at the forefront of interacting with their audience in unique ways. As a generalization, they have been very successful in listening and developing those two-way conversa-tions. On the flip side, law firms are not as progressive and would consider social media and even mobile “new”, when in

Is New Media Still New?


fact what is really “new” is their education level and understanding of the mediums.

The client base and the competi-tive landscape of an industry has a direct relationship with the experi-ence level of marketing and advertising and the flow of information through communication channels.

Clients affect the way a company markets to them. Historically, clients and prospects within the professional services industry find their information in more traditional ways, such as radio, print advertising, online, etc. Contrary to them, the CPG world integrates these traditional mediums with innovative ways to create two-way conversations with

their consumers, including interactive, social media, event promotion, gorilla marketing, etc.

Both industries are competitive in their own right and while law firms are famous for their competitive nature and similari-ties in website content and visuals, CPG companies perpetually look for differen-tiation and increased market share in an already cluttered marketplace (just think laundry detergent and you will under-stand what I am talking about). Ideally, this disparity should not occur since we all have access to the same communica-tion channels, but industry culture can be hindering, perhaps leading to this disparity

It is our job as a marketing and

advertising agency to consistently gauge the market and our industry in helping to determine the next best thing, or methods to help our clients get their messages across in an effective and efficient way in order to bridge the gap in information flow and encourage action. Research and development is an ongoing process of progression and motivation and this is where it all begins. Continued movement of a brand to the next level needs to be at the forefront of one’s agenda—regardless of the industry you are in. Figuring out the need, filling the void and bridging the gap by creating meaningful connections on integrated platforms is what “new” media is all about.

Owner vs. UserWhat we know now about law firm website design compared to a few years ago, is that more focus is given to user experience not owner experience. You may say, “of course I care what my targeted audience wants” but your actions say “I’m spending a small fortune on my new brand and web presence, so I’m going to tell them what I want.” You certainly have every right to think that, but if you want to achieve both, you’re going to have to forget what you think you know about websites and listen to those who do. Users.

Three “no brainer” tips:

1. A true user experience design begins with consistent navigation. This might come as a shock to you, but users spend 99.9% of their time on other websites, not yours. So they have formed expectations for your site based on what most other sites are doing. Differ too far from the norm, then your site will be harder to use and users will leave.

2. Adding a search bars is one of the easiest ways you can add to the user’s experience. For example, you can add a search bar to highly visited sections (like the attorney’s page) for a more refined search. You could also add a list of categories as a drop down in the main search bar. Either way, your users will thank you.

3. Spotting links on a web page is something everyone knows by now. Rather a different color or underlined, styling links properly is a must to create a great user

experience design. And don’t forget about clickable elements such as linked images.

Three “hard to swallow” tips:

1. Ever heard of the expression BLOT or Bottom Line On Top? Your messaging should be conversational but to the point. Website messaging is often owner experience designed without thinking that today’s user scans websites instead of reads them. Companies get caught up using $25 dollar words when a 25¢ word will do just as well. Think of it like reading a book backwards. Users today want to know the ending first, before they invest anymore time.

2. Most people that land on your site, know what you do. They don’t come to a law firm’s website and think you’re a church or a restaurant. Whether they arrive by a search engine or a business card, they are visiting for a reason. This is where all your hard work on the site map and wireframe pays off. Don’t over think what’s on a homepage. Put too much information on it and you’ll scare them away.

3. A lot of time is spent finding the right image that best speaks to you and not them. A visitor decides within seconds if they are going to read more or navigate to the next level. Pick an image that speaks to the message. Like in a magazine, let the headline tell the story and the image support the headline. You don’t need the scales of justice in front of a wall of law books. Remember the tip mentioned above, the user knows why they are on your site so give them a little credit.


Put Some Poetry In Your Marketing

Which of the two phrases below sounds better? “Ask not what your country can do for you—

ask what you can do for your country” or “Do not ask your country what it can do for you. Instead, ask yourself what you can do for your country.”

While both phrases convey the same message, most people would agree that the first one does it better than the second. It’s not only shorter and easier to read, it’s easier on the ear. The words have a rhythm that allow them to resonate, connect with the reader (or listener) and become more memorable. Perhaps it’s one reason why John F. Kennedy chose the former phrasing—and not the latter—in his inau-gural address. Of all the memorable phrases in that famous speech, it may be the reason why that is the one people remember most.

How you say something is as important as what you say. If content is king, then delivery is its scepter, crown and cape. The most brilliant ideas, prescient insights and important information are all for naught if their presentation is wooden and hack-neyed. Dull language, like dull blades, cannot cut through clutter and into the hearts of minds of target audiences.

Given that, why does so much of the language in law firm marketing have all the power, feeling and interest of a subpoena?

In their marketing, law firms seek to accomplish a variety of objectives: convey how they benefit their clients, assure clients of their expertise in and knowledge of their industries, impress clients with their legal experience and success, and show how they are different from every other law firm seeking to do the same thing. Most of all, law firms seek to portray themselves as intelligent and competent. As a result, they tend to communicate in both the language of law and the language of business.

Funny thing about “business-speak” and “legalese”—they have a habit of expressing things in complicated, convoluted ways that often cause the reader to lose interest. In marketing, that which is difficult or unin-teresting to read simply does not get read. And as the great ad man David Ogilvy once said about copy that doesn’t get read, “You cannot save souls in an empty church.”

Good writing comes from a combination

Funny thing about “business-speak” and “legalese”—law firms have a habit of expressing things in complicated, convoluted ways that often cause the reader to lose interest. In marketing, that which is difficult or uninteresting to read simply does not get read. David Ogilvy once said about copy that doesn’t get read, “You cannot save souls in an empty church.”

of good content, clarity (being concise and organized) and style. Legal marketing—and professional services marketing in general—is not lacking for good content. Clarity can be achieved through judicious editing. Style, however, is where much of legal marketing falls flat, with content often resorting to pedantic prose. It’s unfortunate, because style is what makes the message memorable. What is needed in order to connect with and compel audiences is more poetry and less pedantry.

Poetry and legal marketing are usually thought of as mutually exclusive. In fact, poetry—or poetic construction—is often met with a mixture of distrust and ridicule, dismissed for “lacking clarity” and as so much “creative puffery.” However, the rules of good poetry writing are as applicable to good business prose as verse. Poetry isn’t just about metaphors, similes and flowery language. It also has to do with getting the structure, rhythm and balance of the phrasing right, the nuances and, for want of a better word, the “artistry” of language. That is the poetry we are discussing here. The structure and rhythm of words can

give them greater power and make what is written more memorable. Simply reading aloud what has been written can be tremendously effective in ensuring that legal marketing prose not only flows and communicates accurately in an under-standable fashion, but also has resonance and impact.

Let’s take a look at another example. When it comes to corporate law and transactions, nearly every law firm claims that they are innovative and that they understand their clients as well as their objectives. No matter how valid this claim may be, it is often expressed in something resembling this manner:

“Our attorneys understand the needs and goals of businesses today. Our deep knowledge of clients’ businesses allows us to provide innovative solutions and strategic thinking focused on success.”

Okay, the above bit of copy doesn’t exactly stink, but neither does it sing. There is little power or passion behind the words. It sounds rote, and therefore lacking in conviction. It’s what clients want to hear, but does it make them believe?


Now let’s try it another way:“We put ourselves in your shoes in order

to understand not only what makes your business tick, but where it’s headed. That knowledge allows us to develop new strate-gies that can better guide you to success.”

Both paragraphs convey the same message and are approximately the same length—but it’s the delivery that makes the difference. The second version not only speaks directly to the reader (the references to “you” and “your business”), there is a balance to the structure of the words that create a rhythm in the phrasing. For example:

We put ourselves in your shoes /in order to understand / not only what makes your business tick, /but where it’s headed. That knowledge allows us to /develop new strategies /that can better guide you to success.

Broken out this way, we see that the first three lines of both sentences follow a 7/7/9 rhythm pattern. The words in the message have been chosen for their balance as well as for their meaning. There is a cadence to the language that creates a rhythm which, whether the reader real-izes it or not, captures their attention and compels them to keep reading. It creates a pattern in which each line cues the next. Furthermore, rhythm gives the message a little more energy, the words a little more power, which makes it all a lot more memorable. And isn’t that really the goal—to create marketing that’s memorable?

In the most powerful writing—adver-tising included—it’s not just the words we remember, but also their rhythm and flow. The choice of words and the order in which they are placed in a sentence can make all the difference. While a word can be absolutely correct as far as its meaning, if it stands in the middle of a sentence like a concrete block on a busy freeway it is nevertheless wrong. Incorporating some of the rules of poetry into your marketing message will not only encourage a precision in language and make the message more readable, it will make it more memorable as well.

Innovation Isn’t Just About Being New, It’s About Thinking Differently

In today’s competitive environment, your branding and marketing efforts can’t afford to be day-old and stale. You need imaginative strategies that will slice through the clutter to make the perfect impression.

Your website’s launched, you send clients e-newsletters and alerts and you understand how critical social media, online advertising, search engine optimization and web analytics are. How do you integrate these individual efforts in a coordinated strategy to build brand awareness and achieve your marketing and business development goals?

What Are Your Goals?: Identifying your objectives during the planning phase will help you:

• Select which online tools will make the most sense to obtain your objectives.

• Stay focused. Use your goals as a road map to guide your decision-making.

• Develop metrics that will help you measure the performance of your online initiatives against your goals.

Get Found: The web is driven by valuable content developed with specific keywords in mind.

• Include keywords your targets are searching for.• Keep content fresh.• Encourage linking.• Engage Your Audience with Social Media.

Promote Your Content: The adage, “build it and they will come” does not apply to websites. To help your targets find out about the valuable industry insight and analysis your firm offers, you need to promote it. Remember, though, that promotion should be client focused. Do not fall back into the habit of touting your achievements. Instead, focus on the client value you deliver.

Engage Your Audience with Social Media: Over 70% percent of corporate counsel participates in a social network. If that does not convince you, here are some other benefits that make social media a no-brainer.


Here’s an interesting fact: it takes 22 tons of rock, gravel, grass and dirt to yield one single ounce of

gold. Why is this interesting—particularly in an article devoted to the branding of law firms? Because mining for gold has a lot in common with finding a law firm’s unique position in the marketplace. In both cases, you have to sift through a lot of dreck to find that precious nugget.

Ask any attorney—associates to senior partners—what makes their law firm stand out from every other firm and the answer is often the same: exceptional client service, depth and breadth of talent, a broad range of practices and services, deep experience, cost-effectiveness, personal attention, responsiveness, a firm that partners with its clients, etc. There is no disputing that these are all very important attributes. In fact, it’s safe to say that a law firm simply can’t survive without providing them, which is precisely why all these wonderful things are not the attributes that make your law firm stand out. Clients expect all of those things from their law firm today. They are the features and benefits necessary to getting into and staying in the game. But in terms of your marketing—and in keeping with the analogy above—they are the 22 tons of rock, gravel, grass and dirt covering the nugget that makes your particular law firm unique.

For law firms that specialize in a partic-ular area of law (i.e. Internet, technology, environmental, labor and employment, etc.) or clientele (women only, Hispanic, non-profits, public agencies), it doesn’t take a great deal of digging to find what makes the firm stand out. However, for the vast majority of law firms that offer a broad range of practices and service many different industries and clients, the task is more challenging. Unless your firm is doing something, such as providing client service, in a way that’s never been done before (giving a spa treatment and full-body massage to clients while you go over the details of their litigation matters, perhaps), you will have to dig much deeper—past the claims of superior client service, expertise, range of practices, cost-effectiveness, etc.—to find that nugget upon which you can build your brand.

Find Your Nugget

And therein lies the crux of the problem. As good as many law firms are at digging into the particulars of their clients’ indus-tries, businesses, lives and legal matters, they are not so good at digging as deeply into themselves. Quite simply, the majority of law firms are not very introspective. Branding and marketing your law firm is not about listing the attributes and services you provide, but communicating the character of the firm. Your nugget, as it were, is that approach or singular quality that defines your firm and tells clients what you’re about.

Follow The MoneyFinancial institutions and investment

firms have managed to do this kind of nugget mining very well. Prudential, Fidelity, T. Rowe Price, Janus and many others offer nearly identical products and services. They all employ experienced and skilled professionals. They are all focused on providing their clients with expert advice, a high level of client service and positive results. They all have long track records of success and have been around awhile. Other than their names and logos, there is little to distinguish each firm from the other. Which is why, about 20 years ago, they shifted their branding and the messaging of their marketing away from

a focus on their various products, services and professionals, and focused instead on communicating their approach in ways that would resonate with their audiences.

Financial services firms realized that it was no longer enough to provide insight, service and results in a market where those things were not only the norm, but were expected from them by the audience. To stand out, they tapped into intangible qualities—such as the firm’s philosophy and mission, investment approach, objectives—as well as the aspirations of their clients (financial stability, paying for life’s milestones, achieving personal dreams) to create brands that better defined them. So instead of taglines and themes that tout “investment solutions,” “committed to you” or “results you can count on,” they now promote themselves as the kind of firms where clients can “go farther”, “find their path” to their goals, make “rock solid” financial deci-sions, “take control” of their futures or be “bullish” in their investment strategies. Their approach, investment philosophy or clients’ objectives set the theme of their branding message.

Law firms would do well to follow the marketing model set by the financial industry. In fact, some already have. They


have realized that at a time when law firms are scrambling to lure clients in an already glutted marketplace, making claims of delivering legal solutions, being committed to results, providing outstanding client service or offering experienced insight no longer cuts it. These firms have dug deeper and found their nugget. It might be about breaking with the traditional law firm model in a way that offers clients a new and better experience. It might be about how every-thing they do, from how the firm works

to how it’s structured, is geared toward moving their clients’ matters (as well as their businesses and lives) forward. Or it might be about how the firm’s passion for the law and its clients’ matters informs its innovative approach to solving clients’ problems, which has led to precedent-setting legal outcomes. Messaging about their experience, expertise, products and services, performance, commitment to client service and personal attention is still there—but as support to the overall brand message rather than as the message itself.

Start Breaking GroundGranted, finding your nugget is no easy

task. It takes a willingness to dig down and sift through the obvious attributes and services that the firm offers—as well as accepting the fact that they are not unique to your firm in most cases, anyway. But those firms who have both the patience and resolve to do both will find the true approaches and philosophies—the raison d’être—that define them in the marketplace. And that’s branding gold. So start digging.

What Is In A Name?Look at your law firm’s name on your business card. Say it out loud. Do you find it hard to pronounce? Think how hard it is for other people—potential clients? Almost every firm has a “street name” that everyone uses when they refer to your firm. Perhaps you and your partners even use it internally at the office as well. Don’t you think it’s time to consider adopting and embracing that name? After all it is how everyone else refers to your firm and a big part of any firm’s strategic and positioning goal should be to make it easier for everyone to say and recall your firm name. Studies* tell us that this is true with people’s names—so why wouldn’t this be true with a law firm as well?

How We Process Names

Adam Alter, PhD, assistant professor of marketing at NYU and one of the study’s lead researchers say this has more to do with the way our brains work. He said. “When we can process a piece of information more simply, when it’s easier to comprehend, we like it more because we don’t have to work so hard.” This is why most of “big law” has already adopted a shortened version of their firm name to increase retention and recall. Midsized firms with living partners have yet to get there—if a current or prospective client is anxious or nervous about pronouncing your firm’s name, you should consider how anxious they may feel about giving you their business.

So how might this knowledge help you? Well, there are things to keep in mind, according to Dr. Alter—how you perceive the names of others and how others perceive your name. Here’s what he suggests…

Build up your awareness. A series of names can be an unconscious source of a subtle bias. If you are in a

position about to consider hiring or introducing a firm to your board with a name such as: Clinton, Milner, Shrives, Falconine, Mealier, Geiger & McDonivitch, wouldn’t be better for everyone if your contact making the introduc-tion only had to say “Clinton Milner” or “the Clinton Law Group”? The shortened name is going to make everyone feel more positive and comfortable referring and talking to you, and we are in a business that is all about the quality of the relationships you are able to build.

Reduce everyone’s anxiety. In the studies where the researchers examined a series of surnames names they found that when you have a string of hard to pronounce names and you like it, you certainly shouldn’t feel you need change it—after all, your name is your identity and it often provides meaningful insights as to who you are culturally in other professional settings. What you can do is create a brand name for your firm that can be used in for marketing and positioning while retaining your full firm name for legal reasons. In some cases firms might want to consider a two-tied approach much like Skadden has recently adopted.

Here they have referenced the firm’s full name at the top of their website, but are also using the shortened “Skadden” brand name throughout the rest of the website. If you are offended by the idea of using a brand name, cheerfully (and slowly) educate people how to correctly pronounce your firm’s name until they can grasp it. “It’s a difficult, sensitive issue,” said Dr. Alter, “but the ultimate goal is to make people comfortable around you [and your business].” The greater the comfort level the greater the opportunity you are given your best shot at developing a successful relationship.

*”The Name Pronunciation Effect: Why People Like Mr. Smith More Than Mr. Colquhon”, New York University and University of Melbourne, Australia


Our interview with the partner was scheduled for 2 p.m. She arrived at 2:45 p.m., apparently not knowing

what she was doing in the room or why we were there (even though we had met and shared an agenda only a week ago). As we started to sit, she mentioned she had only 15 minutes to give us. Immediately, I asked when we could reschedule her interview and discussion of the firm’s business devel-opment plans for the coming year. The partner, head of the firm’s most profitable practice group, looked at us with a blank stare: “Oh, that’s what this is for? That marketing thing?”

She gathered her notebooks, stood up and dismissively suggested that we call her “next week to discuss this over the phone.” As she turned for the door we asked her, “So, how long has it been since you really enjoyed your work?” She stopped in her tracks.

Slowly turning to face us, she exhaled and dropped her folders on the table. Yes, it was all beginning to be a bit too much for her at the firm.

Lawyers As Sales Force is A Tight Fit

The signs were familiar to us. She was suffering from burnout. We’ve seen it often in others. In the legal profession, stress and overwork have long been a problem. But the newly added demands of business develop-ment can push an ill-prepared lawyer over the edge. Doug Richardson, business devel-opment consultant with Edge International, also sees lawyer burnout and shares this warning: “Be careful, the path between occupational stress and flamed-out free-fall can be short indeed.”

Profession-wide, the real nail in the burnout coffin took place when most law firms provided associates, partners and senior support staff with smartphones—a 24/7 leash. Vacations have been replaced by resort-based telecommuting. PDAs should have come with the warning: “These devices will handcuff you to the job.”

So What’s The Fix?It’s important to distinguish the differ-

ence between being stressed out and being

Business Development Burnout: The Last Straw

burned out. How can you spot the differ-ence before things go too far? Here’s an excellent checklist to help you identify if burnout is creeping up on you or on one of your colleagues. Or you can simply ask yourself, “Am I consistently making choices for the benefit of others at the expense of my own needs?”

Short-term remedies. Some fixes are fairly simple—though somewhere along the way you probably forgot about them.

• Developbettertimemanagementskillsand tools

• Trystressmanagementexercises• Getmorephysicalexercise,nutritionin

your diet and sleep• Tameanypossiblechemicalmonsters

like caffeine, alcohol or drugs• Respectthatvacationsarevacationsand

days off are days off—and enjoy them• Laughmoreoften.• Long-termsolutions.Theseareharder

and require more effort.

Switch it up. Mental and intellectual stimulation may be the leading reason lawyers become lawyers. But after several years of doing the same thing, many find the thrill is gone. Switching to an entirely new field may be unrealistic, but with changes in economic conditions, exploring related areas of practice has become more common. Perhaps it should be considered an option

when emotional conditions change as well.Manage client expectations. Talk to your

clients more honestly and better manage and moderate their expectations, both for the clients’ and your own.

Make it part of the firm’s culture. Does working at your firm increase or decrease stress? Do the firm’s employees share common attitudes, behavior, values and friendships? Does the firm support your family responsibilities or undermine them? Above all, is there collegiality, mutual support and respect?

Keep learning. Lawyers who continue to develop their skills and engage in lifelong learning, both personal and professional, keep stress at bay best. Believing that you can always learn new tricks has the added benefit of exposing you to new people and new ideas.

To overcome burnout you must learn to respect yourself as much—if not more—than your work. The partner we interviewed that day worked in a tough environment, no doubt. But she was making it tougher for herself by keeping everything bottled-up. By stopping to engage with us in the inter-view and evaluation process, finally she was able to take the first step in acknowledging that she needed to put her own interests first. In doing so she could more readily embrace learning business development skills to enhance not only her own personal success but the overall success of the firm.

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