Download The Marketing and Business Development Process

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 with multiple and inconsistent meanings. It’s a
question of semantics. For example, when you say “marketing” to an individual lawyer, depending upon their
mindset and knowledge they may define marketing narrowly in their mind thinking that media exposure,
advertising, seminars or a combination is what marketing means. Another attorney will 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 with a firm and it’s
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 of my definitions - 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 is often and should be broadly defined i.e. - that marketing touches every aspect of the practice of
law. This is very true since without a client and 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 will 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 agriculturally related entities in the San Jose area. But due to the Pony Express, telegraph and
eventually the telephone, were able to expand their representation to agriculturally related companies who had
not only interests and/or assets in the San Jose area, but were headquartered all the way on the East Coast. Time
went on and with it came an accelerated pace of change and vastly increased speed at which information travels.
Now, that same firm in San Jose along with its' affiliated firms - by use of air travel, wireless and the Internet is
now assisting agriculturally related companies acquire, sell, manage and develop interests in assets throughout
North America and in third world 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 their 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 i.e. when seeing/hearing/or otherwise being exposed the tool - the decision-makers does not have
personal contact with a member of the firm - particularly the partner/attorney capable of handling their type of
matters. However, to be effective and measurable, all non-contact marketing tools should be designed to lead to
a personal contact with a firm lawyer. The goal of marketing tools then, is and should be to produce a personal
contact - 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 selected mix of marketing tools are in attaining these objectives?
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 to refer to "sales" in
the law firm environment as "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 actually
meeting them? 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 in, one who has
credibility and shows interest and concern in their legal problems and has the expertise to help them solve it.
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 an attorney actually does receive
a personal contact they do not necessarily recognize it as a client development opportunity and have no system
or procedure of approach 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 understanding the process from both the attorney's and the client's
perspective. Over the course of my career, I have created what I refer to is 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 step in a time-honored process
that must be applied and finessed for each different situation. Just like in 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 a mix of proven passing plays - all of which take time off the clock. In fact, market studies show it
takes lawyers and other professionals 6 to 12 appropriate personal contacts over time on average 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 commit to playing
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 i.e. follow-up, follow-up, follow-up.
But, even if your firm markets itself very well, 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 consists of 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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