Practice management

Niche marketing for legal businesses

David Cliff explains how firms can better market in the legal world.

About the author: Gedanken is a leading-edge executive and business-coaching organisation, founded by Dr David Cliff, an expert coach and mentor with over 35 years of management and personal development experience. He was recently named Lead Ambassador for Mentoring and Lead Ambassador for Mental Health by the Institute of Directors North East, and was awarded Mentor of the Year at the 2017 Entrepreneur

It is a relatively short period of time since lawyers were allowed to market their business. In the past, people knew what a legal practitioner did and that was a fairly consistent bill of fare wherever you went. It was criminal, matrimonial, civil, wills and probate, and land.

The modern world sees many more complex legal needs. So, what legal practitioners call specialisms (and, indeed. sub-specialisms) which reflect the complexity of practice knowledge and experience to meet the challenges of a modern legal environment are, in reality, niche markets.

Marketing legal services

Niche marketing is a challenging art. It is about identifying demographics to speak to the age/gender/socio-economic status/expectations and hopes of the target population involved. It is about linking the service offering to the finance involved in that process; and it is about communicating the nature and value of the offering, and its features and benefits. Most of all, however, it is about enabling customers to take forward their lives and live them in a meaningful empowered way. Therefore, a lot of marketing involves the notion of ‘move towards’. This is a neuro-linguistic programming term in contrast to its polar opposite, ‘move away from’. Services on a ‘move away’ basis are those of necessity, where there is pain and discomfort and its removal, whether that is physical, medical, legal or social, is the paramount aim.

Many people view legal services as something that is a response to an element of pain or injustice in their life as opposed to something that can necessarily enable. On the personal front, taking action to consolidate one's estate, effective planning for the future and even defending one's interests transgenerationally are all potential ‘move towards’ opportunities that exist.

Despite the opportunities and freedom to market, lawyers - as a group - tend to market rather badly. The internet is bedecked with law firms’ anodyne websites that talk about ‘who we are’ and their specialisms, with rambling anecdotes which are meant to assure the bona fides of the people and firm concerned to customers with a surfing attention span of less than three seconds. The sites are often subject to a phenomenal bounce rate on the first page; however, few lawyers really understand the nature of analytics and, as long as it looks good one must be doing the right thing, so they get back to seeing clients.

Marketing to a company's individual attributes is rarely done. A really great law firm I know used to market, at the local airport, using a gorilla in a suit, which everybody getting off the plane would see. This powerful advert spoke to a selective audience demographic, with intended impact in the location in which it was placed, and did not try to get over the full milieu of the firm: that was subtly counterbalanced by other marketing practices elsewhere. I sometimes specify between whether the job requires a 'gorilla’ or, perhaps, a 'surgeon’; some customers need to feel power, others a sense of precision and finesse.

Marketing these days is about marketing to ‘relational spaces’, so something of the personality of the players involved and their attributes is critically important. We are seeing some companies starting to understand that the quality of their 'star players' is something that can generate considerable social capital and credibility among potential clients.

People are as interested in the quality of the working relationship they will experience with their lawyer as that lawyer’s technical expertise. The problem is that putting yourself ‘out there’ has not been part of the convention of a hitherto ‘status’ profession which once had its own kudos. Now, personality, approachability, emotion, and the ability to listen and treat people with the ultimate individuality have become the hallmark of living in a post-modern world. These factors are frankly critical if you are going to win work and set yourself apart from the litany of ‘brochure’-type promotions that chequer most firms’ internet presence and written literature.

Business networking

Business networking can be an important marketing approach, but few firms are particularly experienced in understanding the 'give to get’ culture of this type of medium: that formal business networking involves, to a greater extent, the smaller business and, within this, the exercise of pro bono work to secure client loyalty and help the often-struggling business into a position to be better able to meet fees is an area that some firms get and others do not.

Marketing is everyone's concern in a firm. Staff need honed, quality presentation skills as they represent the firm at different venues. There needs to be great congruency between what you say you will do in marketing activity and actually do in practice. Equally, the ability to transmit the nature of your firm's offer, including the ‘move towards opportunity’ and some sense of the identity of the people to be involved is critical: they are not going to convert otherwise. The status professional is dead except for those really expensive capital city-based lawyers who attract clients for whom money is no object and the results count more than anything else; however, even those are a dying breed.

In reality, marketing is often delegated to a business development and/or marketing person in a medium- to largesize firm, or some external outsourced consultancy for the smaller firm. The complex business of communicating with potential clients effectively is given over to a marketing ‘expert’ who, for the greater part, is a marketing ‘generalist’, who needs your active and concentrated participation in the marketing process if ever there is going to be a congruent message developed.

Disruptive marketing

We live in a world of information overload. Therefore, if one is to market effectively, one has to break the mould somewhat, ie, be different, avant-garde, and distinguish oneself. This is what taps into an increasing new trend of disruptive marketing.

Postmodernism is all about the world lacking rules and celebrating self-expression, and disruptive marketing is just that. It is about having the courage and ability to put oneself out there: offering values, innovation of approach and solutions in ways that are suÿciently attention-grabbing, perhaps even on the edge of what is permitted rather than just being ‘safe. Standards remain - in terms of being legal, decent, honest, and truthful - but it is about developing a creative flair that resonates with potential customers.

I recently took over the project management of a law firm’s website wherein a web development company was just about to produce another fairly conservative arrangement for the client. By developing a problem-based infographic and instant calls to action on the first page of the website, the firm’s web traÿc doubled within a week of the launch of the site.

On one final matter: price

As a profession, lawyers are seen by most as being expensive. People are resistant to interaction with them when a letter might cost £50–£200 and a telephone call sometimes the same. Pro bono, fixed fee and no- win, no-fee approaches are often a minefield for the putative client. At times, it is best just simply to state the average price for a job, and negotiate round the edges when you get face to face with the client if it is more complex than prima facie. It is strange how lawyers feel their rates are going to repel clients when it is their absence that creates anxiety. Clients just move away from anxiety and will ‘move towards’ firms they believe that they can afford. Marketing is important in bringing your work in and retaining the loyalty of existing customers, but pricing is an integral part of that approach also.

How to better market in the legal world

I could have come up with ‘10 top tips’ here as to how to better market in the legal world. Indeed, postmodernism often reflects ‘dumbed-down’ approaches like that to reduce complex issues into simple statements of edited truth, which one can assimilate without getting too bogged down in a world replete with information overload. But truly it is not as simple as that. So, within that ‘top-tip’ idiom, l will review the points raised:

  • Marketing is everyone's concern.
  • Lawyers market into niches.
  • ‘Move towards’ is every bit as important as ‘move away’.
  • Individual needs and emotions need to be understood.
  • The offering must may be very clear and so must the pricing strategy.
  • Personality is as important as legal prowess.
  • ‘Brochure’ websites and material will bring in relatively little work compared to disruptive approaches.
  • Respect the ‘relational space’, establish and celebrate it between you and your customer.
  • Dare to be different!