Legal Marketing Stats–How Do you Compare?

In surveys by organizations serving the law firm industry, one of the areas studied is marketing activities and spending.

Utilization of Marketing Tactics

Historically proven marketing tactics (yellow pages, legal listings, and client entertainment) are giving way to more focus on Internet-based strategies (Web sites, Search Engine Optimization [SEO],  paid search advertising, blogs, and newer forms of social media) to grow their practice. Firm size drives decisions as to what degree various marketing tactics are utilized. Smaller firms are most likely to use yellow pages and legal listings, but larger firms are more likely to rely on client entertainment. However, while client entertainment is still the leading choice among firms with 11-20 attorneys, it has been dropping off as a primary tactic. Web sites remain the preferred means of marketing over a multi-year period.

Significance of Internet Marketing

Law firms continue to use the Internet to promote their practice, and are using the latest techniques to attract potential clients. Search engine optimization increased throughout the period of 2005-2010. Additionally, more firms began using online legal sites to attract clients. Blog use soared during the same time period. This reveals a latent desire to explore new methods in addition to traditional tactics to attract potential clients.

Perceived Value of Marketing Tactics

Networking and word-of-mouth continue to be integral to building a law practice; however, online activities are also prevalent in integrated marketing campaigns. Web sites and related tactics are considered a primary marketing tool for growing a firm’s practice, and more money is allocated towards this tactic than ever before. Though blogs have been on the rise in efforts to develop clients, it should be noted that very little revenue is allocated towards this activity (1%).
While face-to-face interaction with potential clients is still important, client entertainment is decreasing in its value to attract potential clients, and less money is being allocated towards it than five to ten years ago.
Who Does the Marketing?
Solo practitioners increasingly use outside consultants and administrative staff members (office managers, assistants and secretaries). Mid-size firms (2-5 attorneys) have also increased their reliance on administrative staff members.
Larger firms (6+ attorneys) rely less on marketing consultants and more on other staff members, including marketing managers and related positions.
How Big is the Marketing Budget?
In relation to firm revenues, about one firm in four spends less than 1% on marketing activities. Interestingly:
  • More firms with 11-20 attorneys skimp on marketing than solo practitioners and smaller practices.
  • 39% of solo practices spend over 5%
  • 27% of practices with 2-5 attorneys spend over 5%
What does all this information mean to you as an attorney? I suggest the following:
  1. When small, spend bigger (%-wise)
  2. As you grow, curtail the spending (by %), but spend more wisely
  3. Look for Internet-based marketing strategies to fuel your growth
  4. Decrease your reliance on (but don’t do away with) client events
  5. Explore blogging and social media–either through in-house or contract resources

Rainmakers Outperformed By Personal Marketing Plans

Fundamentally, successful business development occurs when a professional has superior understanding of what a target client needs. To arrive at such enlightenment, the service provider has honed time-tested skills. The most successful ones have been very deliberate and intentional about the emphasis placed on the soft skills that wonderfully complement the technical acumen. In times past, such requisite skills for success were imparted through mentoring. However, the pressure to generate greater billings and profits today distracts mentors from their charge.

                Why not outsource a mentor like other business functions have been outsourced? In fact, why not become very specific and outsource a business development mentoring service that teaches your staff how to become inspirational? If succession planning is about identifying capable replacements, preparing them to assume a more executive role and helping them earn the following of others, then organizations should pay more earnest heed to it! Within the preparation of staff for leadership, it would be argued that business development is not learned through osmosis (years on the job). The skillset that makes one inspirational/capable of developing business is definable.

Inspirational employees are respected, admired, and well-known. Let’s say that respect means that one is competent, as evidenced by subject matter knowledge, a displayed ability to lead others and self-controlled. Admiration may then be construed as being expressed towards those who are consistent, fair and care about the well-being of others. One cannot be inspirational if no one knows in what context, how often, in what ways and to what constituency the inspiration is directed.

Do your employees have a plan to become respected, admired, and well-known? To refute the counterargument that some do not aspire to become well-known, I simply posit that unknown service providers do not enjoy the opportunity to serve significant clients. As for the aforementioned plan, we have heard of personal development plans (PDP). If the PDP is meant to address one’s emotional intelligence, then what plans are in place to help staff:

  • Become a subject matter expert?
  • Learn how to discern client needs?
  • Become referable?
  • Network more effectively?
  • Promote their personal specialty?

Savvy service firms empower their key staff to become inspirational leaders by helping them to produce a Personal Marketing Plan (PMP) that includes the PDP and the items listed in the bullets above. The PMP becomes the backbone of a succession plan, onto which other ligaments, tendons, and muscles familiar to HR executives can be attached. It is probably best developed by an outside third party who has no emotional ties to anyone internal to the organization and can objectively help staff develop and implement the Plan.

Organizations that are serious about the PMP have multiple Rainmakers and a system to produce more. Performance objectives and compensation systems can then be tied into succession management as all share the responsibility to grow personally and corporately.

Let’s become inspirational!!!

Personal Marketing Plans Outperform Rainmakers

Organizations that depend on their staff to only fulfill orders are short-sighted. Whether those orders are for products or services is not the issue; how they are sold is what is critical. Let’s assume for the moment that products are sold through a variety of sales channels and that services are primarily sold face-to-face. It is not uncommon for the services organization to have an aversion to using the term “sales” because it seems transactional. So, in an all-out effort to avoid being “salesy,” cloaked in a mantra that one’s organization is only concerned with great customer service, services firms create a culture that is averse to engaging new prospects.

There are, however, exceptions to most every business “rule” or stereotype. Enter The Rainmaker. The Rainmaker is both the organization’s greatest asset and liability. Employees understand that the creation of need for their intellectual contributions is usually a feat reserved for The Rainmaker. With considerable aplomb, this individual networks with ease, establishes strong referral networks, is well-known and is most appreciated by those who have a fear of ever being asked to copy what she does.

                When organizations rely on The Rainmaker—be that one or multiple—to generate enough work for everyone else to be paid competitive wages regardless of whether they ever successfully bring in a new account, they create a long-term liability. Like the temptation to live large off credit cards today in one’s personal life or to distribute earnings and share profits but not reinvest into a business, this practice of overreliance on The Rainmaker is precarious. Reckoning Day will arrive and most organizations realize that they have created a monstrous succession problem. Some are successful in delaying the inevitable by hiring a business development professional (read: salesman in any other context) who augments current revenue growth, but is not a viable replacement of the DNA of The Rainmaker, who is usually a 40 plus year old equity owner of the company.

Why is it that an executive who has strong technical skills is perceived as even more valuable when possessing business development skills? Is it because the firm administrator has calculated the number of employees that The Rainmaker can keep employed? While revenue generation and the ability to cover overhead expenses are important to success in business, this is not what sets The Rainmaker apart. Rainmakers are special because they inspire! The inspiration comes from fulfilled promises, a sense of hope and optimism and the ability to understand client needs.

Annihilated by Apathy

The story is told of military training (whether true, or no, is immaterial–the principles are sound) wherein the new soldiers are placed in a simulation. Within the war game being played, they are told  that three snipers are crawling towards them through tall grass. The snipers are live soldiers who have been trained for their role in the exercise; the “bullets” to be fired are blanks. As the defenders wait for the attack, a  figure pops up across the field suddenly and is fired upon with full force. Closer to the defenders, another attacker pops up and the newbies direct their attention to the target. Immediately thereafter, the entire platoon is taken out by hand grenades thrown by the third attacker, who had been sneaking towards them and was able to obtain a close position undetected.

Because the platoon failed to recognize the immediate threat closest to them they lost an insignificant, yet instructive battle. Similarly, as business owners and managers, we have as our most important target the existing customer base. If these folks go somewhere else, collectively they can “upset the apple cart” of business success.

Since most businesses don’t have an offering that is clearly superior to the competition, they must focus on how they provide goods or services as a differentiator. If your organization has a great quality control system to make sure jobs are done to standard and timely, but the customer is not aware of your system, you are missing a great opportunity to connect with what’s truly important. Or, maybe your efforts to simplify the ordering process have not seen the return you hoped because the customer doesn’t yet know. Educating customers about what they are receiving for the money is good business!

Ike Behar is in the men’s clothing business. While this line of work, like many, faces pressures from abroad and tries to avoid commoditization, the way the company differentiates itself is far from apathetic. Taken from some of its promotional materials about men’s dress shirts, the statements below will show you: a.) how Behar stakes a claim for competitive advantage and b.) the type things you need to be able to say about your business that will matter to a prospect.

  • There are 52 steps involved in making one of our shirts. Each shirt sports an authentic split yoke, removable collar stays, and button sleeve pocket.
  • Handkerchief-rolled seams. This tailoring technique prevents puckering and produces and elegantly finished shirt, with added durability.
  • Buttons. We carefully match our buttons–ranging from mother-of-pearl to unbreakable plastic–to complement the fabric and style of each shirt. A spare button is sown into the tail of every shirt.
Behar lists many more, but these should give you an idea of what is helpful to get your point across. (With thanks to Jaynie Smith, who literally wrote the book on Creating Competitive Advantage.)
You can see the threat in the grass, but what are you going to do?

 

Focus on EQ Rather Than IQ

While one may not be able to improve IQ, the ability to improve one’s Emotional Quotient has been shown effective in enhancing management decision-making.     EQ Mentoring is most successful when directed management team members who support an organization’s executives.

“Emotional intelligence isn’t a luxury tool you can dispense with in tough times. It’s a basic tool that, deployed with finesse, is the key to professional success.”

~Dan Goleman in The Harvard Business Review

What is Emotional Intelligence (EQ)?

Effective and timely decision-making is at the heart of good performance. To improve performance, we need to understand how to make better decisions. At the most basic level, our ability to make good decisions and, in turn, perform well is captured by our competencies. Competencies are the things we know how to do and what we are good at are capabilities. Most performance management processes are built on the concept that competencies are the direct antecedent or predecessor to good decision making and high performance. What determines our competencies?

Preceding our competencies are our behaviors. Behaviors include our day-to-day activities that determine where we focus our time and where we focus our energies. Cognition precedes behavior. Slightly oversimplifying this concept, cognition refers to one’s intellectual capacities, thoughts, knowledge, and memories. This is the rational part of our brain. What finally precedes cognition in this physiological sequence to high performance is one’s EQ—a body of personal characteristics and social abilities that are closely tied to success in both our professional and personal lives.

How is EQ Improved?

In order to establish a baseline, an EQ Assessment is taken at the inception of the competency improvement process by each team member individually. The mentoring process is explained to the group and some recurring group meetings are held (minimum of once/month) to reinforce concepts in a team environment. Primarily, however, the mentoring  occurs individually and the scheduling of weekly meetings with each team member (half hour ea.) creates an environment for concepts to “grow legs” and become implemented.

The mentoring is administered by a professional certified in the process and competent to interpret the assessment results into a personal development program. The five competencies (self-awareness, self-regulation, motivation, empathy and social skills) that constitute one’s EQ scores are evaluated and a plan created to improve the mentee’s lowest area(s) first.

During the weekly sessions, hypothetical scenarios are discussed between mentor and mentee to identify thought processes, offer alternatives, and learn better decision-making styles. After six to eight weeks, the hypothetical gives way to actual work examples and on-the-job learning occurs. Generally, it is at this point that executives can see early signs of improved management skills.

As the mentee becomes more enlightened, additional tools and assessments are introduced to keep the free flow of information positive, eye-opening, and stimulating. Generally, a follow-on assessment is administered at the six month point and a joint decision is made as to how to proceed.

NOTE: For EQ improvement to become part of the culture, it is generally advisable that the owner/CEO/etc also submit to the process and go through their own mentoring. After such, there is opportunity to learn new methods of interaction that reinforce principles and better habits learned.