Folding Success into Law Firm Marketing Programs

Many law firm marketers, having witnessed numerous stalled marketing effors over the past few years, are now focusing on the "why of the failures. They are asking, "Is it worth investing the effort and dollars in the creation of marketing programs? Does the knowledge exist to implement truly effective programs?"

Results of the First Wave

• Many involved in the first wave of law firm marketing were frustrated in their efforts having been given little, if any guidelines, or expectations for success.
• Consultants have sprouted forth to design and develop programs. But like the last blooms of summer, some have faded out of firms with programs not rooted in strategies for long term success.
• Attorneys looking to document marketing successes to their management committee have come up empty handed.
• With the recession still a factor, many law firms have considered abandoning marketing efforst opting to save precious marketing dollars for something more pragmatic like payroll.

But is this savvy? Is backing away from finding an effective marketing program the answer? Or perhaps, should we turn to our failures and examine the missing components of failed marketing programs?

Redirecting Efforts

There appear to be two areas of consideration to examine when redirecting efforts towards success:

1. Most marketing programs were not developed from the client's perspective and did not provide ongoing training, support and coaching designed to effect permanent change.

2. Little or no consideration was given to the planning and implementation of a marketing program using change process research. The research on the "change process" has, in most cases, not been incorporated into the marketing program equation. And yes, this information does exist^1.

The Missing Ingredients

Client development Programs Designed with Input from the Client or Prospect

Proven marketing techniques should not be discarded, but rather included in the process. These traditional methods may include:

• Marketing skills training
• goal setting
• developing a business plan
• niche marketing
• designing effective presentations
• sustained client communication
• client entertainment options
• client visits
• surveys and audits
• assisting attorneys to find areas of marketing comfort which suits them individually

National accounting firms and other service providers have long included SWOT's (strengths, weaknesses, obstacles, and threats) as a template for marketing strategies and these should still be considered.

The above techniques can be combined with the critical attributes of Total Quality Management that pertain to service providers. TQM tells us law firms should continuously monitor and improve value and service from the client's perspective.

We should always devote energy and time to developing new markets and prospects. But we should not forget the California State Bar statistic that 80% of the fees collected in any given twelve month period come from existing clients or referrals from existing clients. Law firms cannot afford to ignore client-defined values.

Most clients will not voluntarily share their dissatisfaction with legal services. They simply move on to a new firm. This results in the loss of new prospects, clients and revenue.

Defining client needs can be accomplished through surveys and audits. Of course, be prepared to act on the findings.

Two practical examples of client focused programs include:

Seminars

Create a client and/or prospect seminar based on the real needs of the audience, not attorney perceived needs. Examine potential seminar topics by dialoguing with a representative sampling of the potential attendees. Ask them what information they would find valuable. Consider what presentation format would best suit the audience, i.e. lecture, panel discussion, round table, etc. Consider what time of day would be best for this group.

Client Communication

Explore communication choices openly with the client. Use this tact as a marketing strategy with potential clients. Ask them how often they would like updates. Offer options such as phone calls between support staff members or status letters via mail or fax.

Client Development Programs Designed Using Change Process Resarch

When implementing any new change such as a new technology innovation or marketing program, the CBAM model shows us:

a. All participants will have varying levels of concern about the change. These may vary from, "I'm really excited about this change!" to "I'm very uncomfortable with this change, know little about it and don't know what is expected of me."

b. All individuals have different levels of interest in the innovation. It is imperative to provide background training and education about the new change. Have a facilitator assist in brainstorming additional ideas about the new marketing program. Include everyone in the firm in these steps; attorneys, paralegals, and all support staff. This process allows individuals to "buy-into" the marketing program at their own rate and time. This top-down, bottom-up type of planning is key to the success of any innovation.

Create a climate of acceptance about these varying levels of use and concern. Let participants know that is is okay to have concerns and different levels of initial use; and that change takes time and the firm is there to support each individual as they gain a foothold on the new project. Many law firm marketing programs have failed due to lack of a planned implementation.

Implementation

Once client needs have been difined and the "change process" has been addressed, a specific marketing program must be designed. Examining ways to improve internal communication and external communication provides a template for the client focused marketing program. Begin by conducting "Focus Groups" to generate ideas. A "Focus Group" is a small group (usually 10-25 persons) who brainstorm ideas about a given topic. Generally, the group leader clusters similar ideas and concepts together. The ideas are then condensed and collapsed into meaningful categories.

The next step is to form a "Quality Council" comprised of a cross-section of support staff, associates and partners. Using these ideas as a springboard, the "Council" prioritizes these categories into specific goals:

• Improve service from the client's point of view.
• Streamline procedures in the firm such as systematizing document production, or reducing work product cycle time. Efficiency projects of this nature often yield a reduction in the cost of providing service. This may increase revenues as well as decrease cost to the client, etc.
• Measurable results that can be seen.
• A system for positively rewarding individuals and ideas along the way.

A well developed plan formulated with client and firm needs in mind, can be the basis for achieving true marketing successes. Change process research is the insurance needed to get all firm participants to buy into the program with conviction.

Law firm marketing is not just a reality but a necessity. Implementing effective and successful strategies requires client focus, planning , training, and long term commitment. As the recession begins to ebb, those firms that implement these types of programs will be the real contenders in the marketplace.

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¹ CBAM Model (Concerns Based Adoption Model), Universtiy of Texas, 1981. 

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Merry Neitlich is a legal consultant assisting law firms to improve their bottom line by focusing on client centered marketing. Ms. Neitlich is the managing partner of JM associates in Irvine, Ca.