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The Marketing and Business Development Process - Defined©
By:
Julie Savarino, Business Development Inc. www.BusDevInc.com
Within almost all law firms, the actual meaning or definition of the words marketing, business
development, client development and/or sales are often used interchangeably, which produces
multiple and inconsistent understandings. It’s a question of semantics. For example, when you
say “marketing” to individual lawyers, depending upon their mindset and knowledge they may
define marketing narrowly – thinking that media exposure, advertising, seminars or a
combination of these is what marketing means. Another attorney may use the phrase "practice or
business development" to convey his or her understanding of what the word "marketing" means
in the law firm environment. Not only do the same words have different meanings within a firm
and among its practitioners, most lawyers also think of marketing as haphazard and
unpredictable, when in fact (just like civil procedure) it is a process that is a somewhat linear and
predictable. This article will establish definitive benchmarks for my definition - one based in
reality, built upon 20 years of observation, study, experience, rainmaking practice and analysis in
the world of legal services marketing.
Definition of the Word "Marketing" in the Law Firm Environment Marketing often is and should be broadly defined, because marketing touches every aspect of the
practice of law. This is very true since, without a client and the client's matter or problem to
handle, there is no law to practice. So - the first filter is to identify the desired, target market or
clientele with a problem/matter the attorney can help solve. No law firm can be all things to all
people and trying to do so results in an unproductive, unfocused marketing budget. To solve this
time-proven dilemma, throughout history, most lawyers and law firms positioned themselves
geographically - that is, an attorney is San Jose would do work primarily for clients who live in
and/or conduct business in the San Jose area. As time went on however, lawyers and law firms
were able to re-define their target niche or clientele. For example, this San Jose firm had, in the
past, mainly been doing work for numerous nearby agriculturally related entities. But as
communication advanced from the telegraph to the telephone, the firm expanded its
representation to agricultural industry companies that had interests and/or assets in the San Jose
area, but were headquartered on the East Coast. Today, with the use of air travel and the Internet,
that same firm in San Jose, along with its affiliated firms, helps agricultural industry companies
acquire, sell, manage and develop interests in assets throughout North America and in
developing countries.
So, this law firm's defined target market is clearly agriculturally related companies, definitely
those headquartered in California, but also those headquartered and operating in other parts of
the United States and world. The next task is to establish awareness of the firm’s capabilities in
the minds of decision-makers in that target market. So, the primary objective of marketing is to
create awareness - usually by using common marketing tools such as: advertising, both
tombstone and branding campaigns, websites, newsletters, brochures, public relations/media
coverage, articles, seminars and speeches. Most of these marketing tools are non-contact in
nature. That is, the decision-makers can see/hear/or otherwise be exposed to the marketing tool
without personally contacting a member of the firm - particularly the partner/attorney capable of
handling relevant legal matters. However, to be effective and measurable, all non-contact
marketing tools should be designed to create a personal contact with a firm lawyer - either by
telephone, e-mail, fax, letter or face-to-face with an attorney. So, marketing tools are designed to
create awareness about the firm and its capabilities in the minds of target market decision-makers
in order to generate a personal contact by one or more of them as appropriate over time. Ask
yourself how effective your firm's mix of marketing tools is in attaining this objective.
Definition of "Client Development" a.k.a. "Sales" in the Law Firm Environment Instead of using the word "sales" in the legal marketing environment (because it conveys an
impression of solicitation which is unethical, unprofessional and distasteful in all jurisdictions), I
prefer the term "client development." Why? Because to develop new business in a law firm is a
process, one that takes time, patience, skill, persistence, systems, processes and procedures to
implement successfully and cost-effectively. This "sales" or "client development" process begins
and ends with in-person, face-to-face contacts with one individual or small group of individuals.
In fact, market studies show that 98% of all new legal business is awarded during or shortly after
face-to-face meetings with one person or a small group of people. How many times do you know
of where a prospective new client hired a lawyer without an actual meeting? When it happens, it
is the rare exception and is usually based upon strong referrals. The fact remains that the vast
majority of new matters (especially complex and/or expensive representations) are awarded to a
lawyer only after in- person, eyeball-to-eyeball contact with the prospective client has been
made. Why? Because clients hire lawyers in whom they have a sense of trust and confidence,
who have credibility and show interest and concern in the client’s legal problems and have the
expertise to help solve them. These characteristics are not easily assessed nor measured by
telephone or Internet connections.
Unfortunately, too many lawyers still use a hit-or-miss mentality with marketing and client
development. How? Often, they may utilize one marketing tool, such as a seminar, which may or
may not generate personal contact(s). Then they will say, "marketing doesn't work."
Alternatively, when attorneys actually do receive a personal contact they do not necessarily
recognize it as a client development opportunity and have no system or procedure of response
and follow-up. Again they will say, "marketing doesn't work."
The reality is that the "client development" process - like the "marketing" process - is part art
part science. The key to success in either discipline is to understand the process from both the
attorney's and the client's perspectives. Over the course of my career, I have created what I refer
to as the client development "playing field" - it's a step-by-step template of the most common
and predictable stages that any client/new matter progresses through in order for the
attorney/firm to get the new matter in the door.
Contrary to popular opinion, once a prospective client contacts a lawyer, the lawyer's task is not
to "ask for the sale!" Rather, it is to step back - knowing that the initial contact is but the first
element in a time-honored process that must be applied and finessed for each different situation.
Compare the process to football. Some touchdowns are made using long-bombs and Hail Mary
passes into the end zone, but these are the exception rather than the rule. The vast majority of
points are put up on the board using multiple sets of downs, mixing some fundamental running
plays with proven passing plays - all of which take time off the clock. In fact, market studies
show it takes lawyers and other professionals an average of 6 to 12 appropriate personal contacts
over time to get new business in the door (from either an existing or brand new client). So, the
key to consistent victories is in knowing the field & rules of the game, using your stars and
bench players as appropriate and committing to play all four quarters with best efforts. In
summary, one seminar alone is simply not enough to develop new clients, more plays must be
planned and executed and, more time taken. That means follow-up, follow-up, follow-up.
But, even if your firm markets itself very well and has a well-honed client development process
in place - it is still not enough to build an excellent reputation and new business generation
"machine." What is required once the matter is won (i.e. business brought in the door) is to
effectively service the matter, which means a combination of results and delivery tools. The
client service process is also somewhat predictable, linear and systemic, but is a deep and rich
topic, best left for a future article.
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