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  • A common-sense, nuts-and-bolts, practical approach to legal marketing, concentrating on techniques that actually bring in new business.

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December 2006

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April 29, 2005

Q. of the Day: Does advertising "work?"

Question:  Does advertising drive business into a law firm?

Generally speaking (and I'm going to condense a 4-year advertising degree into a paragraph here), there are two kinds of advertising:

  • Brand
  • Promotional

Quickest and dirtiest definitions as follows: Brand = what we want you to think. Promotional = what we want you to do.

Very few corporate law firms -- and by very few I mean none that I've seen -- do promotional advertising. Many  plaintiffs firms do. Unless there is a specific call for a buy or sales-forward action, it ain't promotional.

So law firm advertising is generally classified as brand advertising. Whether it's positional brand, category brand, sub-category brand, institutional brand, commodity brand, niche brand, community brand... whatever... it's brand advertising. It's trying to get the reader to think and/or feel a certain way about the firm.

Does this translate into clients? I don't know.

It translates into customers for every other  industry on the planet, but lawyers seem to keep coming back to this question like swallows to Capistrano. The acceptance of brand value as a major mover of economic indicators in a category is so widely accepted in all the retail industries that it's no longer tested. It's like gravity -- it's there. If you go back in time a few decades, you'll find that most of the major ad agencies and brands did loads of testing and found out that having a strong brand preference was actually one of the most valuable assets a company could maintain. Why? Because it's intangible and cannot be stolen, replicated or undercut by a competitor. You may beat my price, improve on my product or take my best employees... but there is no way you can usurp a brand's identity.

People are loyal to brands they love in the face of overwhelming reasons not to be. They pay extra for the same number of features (see Apple, VW and every piece of clothing in Old Navy). How did those brands get there? Advertising.

Some lawyers claim that "the law is different." How? Because it's a service? A knowledge service? I don't buy it. Brand advertising works for political campaigns. For both politicians and causes. It works for highly complex services like database hosting and programming. The only reason we don't have more data on why it does or doesn't work for law firms is that the marketing rigor required to test brand advertising's effectiveness over the course of 5-15 years has never been practiced at any firm I've ever heard of. First, you have to implement a mature, serious, full-fledged, integrated marketing program in place. At the onset, you'll need to do some serious baseline measurements of profitability, churn, market share, mindshare, etc. Then you run a consistent brand campaign for a few years, periodically tweaking and testing it. In no less than 5 years, you'll have some directional data. In no less than 10, you'll have decent started data. In no less than 15, you'll have solid data on brand effectiveness in terms of whether or not it "gets new clients."

Or... you could do what most other firms that advertise do and accept that brand advertising has a positive effect on your image, which will, in turn "soften the ground" for your business development efforts.

Or... you could get really wooly and run a by-god promotional ad campaign. You know... put an ad in a major trade pub that says you'll knock 25% off your hourly rate for all new clients in such-and-such a practice area that sign up before such-and-such a date. Or offer the first 40 hours of service free. Or say that all work done by first and second year associates is free for all new clients that sign up before such-and-such a date.

You know... give people a reason to become a client, other than that, "We are a full service law firm with 3,025  years of experience. We offer our clients the best value and professional... yadda yadda yadda." Since most law firm advertising sounds exactly like every other firm's advertising, there isn't much of a reason for a potential client to choose one firm over another. Most firms are, in my opinion, so risk averse that they hamstring their own marketing efforts. I think a firm that tried a good, old-fashioned promotional play might just get some real action.

What I tell my clients these days, though, is that until they want to get serious about a marketing plan, they shouldn't bother with advertising. It's like worrying about the paint-and-paper before building the foundation. If you aren't measuring your groups' and lawyer's individual productivity and profitability, advertising is a waste of time. If you haven't been doing client interviews for the last few years, advertising won't help much. If you don't have a serious PR and messaging plan in place, advertising isn't your first worry. If you don't have a professional development program underway to train your associates in how to become, eventually, partners... you get the drift. Good advertising can be a fantastic part of a serious marketing program. But it's about, say... Chapter 10. You need Chapters 1-9 first.

So: whether or not advertising will get you any clients will depend on whether or not the rest of your marketing -- and the way you conduct the business of your firm in general -- is up to scratch. As grandpa used to say, you can't put much of a shine on a shoe that's mostly holes.

April 05, 2005

Full Service Law Firm: FREE SAMPLE INSIDE!

Freesample_1Trendwatching.com is coining a new word in a recent article. That word is "tryvertising." The basic premise is that getting people to interact "with" and respond "to" a product is much more effective than simply advertising "at" them. If you can get consumers to communicate "about" the product together... even better.

It's a good article, especially for anyone who is not well versed in the history of advertising, nor in the field of learning theory. For anyone who is, many of the concepts put forward will not seem new, though some of their applications vis-a-vis recent technology are somewhat novel. I will give the folks at Trendwatching props for being very up-front about the fact that many of the ideas they put forward are not original. They do, however, put enough of a new shine on some old favorites to warrant a good look. And for those of you who aren't aware of the marketing benefits of "breaking the fourth wall," you should definitely take a first look right now.

Continue reading "Full Service Law Firm: FREE SAMPLE INSIDE!" »

February 08, 2005

See all the Superbowl Ads here

Jobchimp_1I'm originally from Boston, so you can guess how I felt about Sunday's game. Can you say "dynasty?" Anyway, I like the ads more than the game. It's an industrial hazard for those of us in the marketing game. If you missed any of the plugs this year, you can find them all here.

In my not-so-humble opinion, there weren't any real stand-out, fabulous commercials this year.  Some fun ones, to be sure (how can you not love chimps?), but nothing like the Apple Macintosh commercial that ran in the 1984 Superbowl.  It was the first major ad that was shown more often in media outlets, news reports and documentaries than it was in its company's actual media buy. As such, it is credited as the first example of "event marketing" and with starting the whole trend of "big deal" Superbowl ad launches.

January 26, 2005

Web site content adds fun and value

Wendy Leibowitz, who owns and runs WendyTech has added a fantastic new feature to her site. It's a list of movies that feature lawyers and trials and various other legal issues and processes. As we all know, lawyers are always looking for a good quote or clip from a movie related to a case they're working on or their practice area. Wendy's alphabetized list is quite lengthy (I stopped counting after 100), and also includes synopses and commentaries in Wendy's own intelligent and entertaining style.

This is a great example of "old school" content marketing. Doing something because you love it and because you hope your clients and constituents will get a kick out of it. You know... shopkeepers used to let people play checkers, chess and dominoes on the front porch. That kind of thing. Mad props to Wendy for providing a service that's been lacking and that somebody (including yours truly) should have thought of years ago.

January 21, 2005

Three new legal marketing articles

Shamelessly self-promotional plug alert: About every month-or-so I get around to updating the articles page on my consulting site, www.sanestorm.com. I just added three new pieces that I think might be of some interest and/or use to any fresh, young marketers out there looking for some tips and tricks. Or any old, grey marketers like me looking for a few good laughs.

The Billable Hour: If You’re Gonna Use It: Use It!
Originally for the American Lawyer Media Law Journal Newsletter, “Marketing The Law Firm.” October 2004.
Third in a series of articles about measurement. What surprises me about the billable hour is how little its use is exploited as a marketing and business tool. All this time and effort are put into keeping track of lawyers’ time in 10th of an hour increments… and then it is simply used for its lowest-common-denominator purpose. Billing. That’s like spending $4,000 on an African Grey parrot, training it for two years to engage in complex conversation… and then eating it.

When and Why to Hire an Advertising Agency
Originally for www.AmBusi.com, November 2004.
The relationship between a good, informed client and a great ad agency can be one of the most fun, creative and productive partnerships you’ll ever enter into. It can also, if done badly, be one of the most frustrating and costly wastes of time you’ll ever regret. As much help as I can give you in 1,000 words... here it is.

Don’t Advertise the Menu
Originally published September, 2004 in the LMA Newsletter, “Strategies.”
If you want people to think you're witty and intelligent, approach them at a party and state, “Hi. I’m witty and intelligent.” If that doesn’t work, hand out a list of people who will confirm your intellect and sense of humor. Lastly, provide a list of jokes you know and books you've read. That will cinch the deal.

November 23, 2004

The cost of confusion

Siegel & Gale, a major research, branding and communications firm, recently published a "Perplexity Poll" (PDF) for its clients in the wireless telecommunications industry. In brief, what they found is that there is a measurable cost related to the confusion and complexity surrounding issues like rate plans, additional charges, roaming, phone features and invoices.

What kind of measurable cost? Try $3 billion. That's how much the industry loses every year when people get fed up and quit because they are confused. Fully 25% of the people interviewed said they'd left a previous wireless company because they'd been perplexed and frustrated. What does this have to do with church marketing? Well, it shows -- in big, stark numbers -- that people like clear, easy-to-understand information. They don't like to be confused. And they vote with their feet.

Continue reading "The cost of confusion" »

November 14, 2004

Good documentary for legal marketers

Last week, PBS's Frontline aired a documentary titled, "The Persuaders." It's a good look at where the advetising industry is today. Although part of it is concerned with the age-old question (or, at least, advertising-age-old question) of "soft-sell" vs. "hard-sell," it does examine some of the newest problems and quandries that face today's marketers.

Hosted by Douglas Rushkoff, one of my favorite media-on-media comentators, it's worth the 90-minutes you'll put into it. If you missed the original broadcast and don't feel like staying up for the 1am re-broadcast tonight, it's also available as a free, streaming download whenever convenient for you from the PBS/Frontline website at: http://www.pbs.org/wgbh/pages/frontline/shows/persuaders/

August 25, 2004

Marketing the opening of a new law firm office

It seems like every couple weeks I get a question about how to "effectively" market the opening of a new office. I'm always surprised when the person asking the question actually says, while discussing the opening, that it's really "no big deal."

Well, if it really is "no big deal," then why celebrate it? Make the announcement as simply as clearly as possible a couple times before the move. I'd put a nice reminder in all bills for the three months prior to the move, and a reminder after the fact. A personal email from attorneys to all their current clients would be good, too.

Continue reading "Marketing the opening of a new law firm office" »

August 03, 2004

Q. of the Day: When's the best time to start an ad campaign?

I get this question a bit, so here's what I picked up in 10 years of retail advertising:

1. If you're not in retail, avoid mid-November through early-January. You'll pay very big bucks and be amid tons of clutter. This is most true for print, but also holds true for radio and TV. Radio does get better numbers in this timeframe, though, as people are out-n-about a lot more, in their cars, going shopping, visiting people... listening to the radio. The radio stations know this, and the price will reflect that knowledge.

Continue reading "Q. of the Day: When's the best time to start an ad campaign?" »