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Marketing the Law Firm: Business Development Techniques
Incisive Media, Pages: 650
PART I
CHAPTER 1
Overview of Marketing in a Law Firm
§1.01 Why Law Firms Need Marketing
[1] Growth Issues
[2] Blurred Distinctions Between Professions
[3] In-House Lawyers and Convergence
[4] Case Law
[5] Specialization
[6] Firm Size and Consolidation
[7] Malpractice Issues
[8] Technology
[9] Declining Profitability
[10] Client Demands
[11] Outsourcing
[12] Conclusion
§1.02 What Is Marketing?
[1] The Marketing Concept
[2] The Components of Marketing
[3] Marketing Functions
§1.03 A Client's View of the Law Firm
[1] Quality
[2] Clients' Evaluations of Legal Services
§1.04 The Marketing Process
[1] Research
[2] Segmentation
[3] Positioning
[4] Implementation
[5] Measurement and Control
§1.05 The Institution vs. The Individual
CHAPTER 2
The Obstacles to Marketing in a Law Firm
§2.01 Introduction
§2.02 Intangibility
[1] The Negative Impact of Intangibility
[2] Dealing with the Problem
§2.03 Management and Administration
[1] The Negative Impact of Current Management Practices
[2] Dealing With the Problem
§2.04 Individualism and Entrepreneurialism
[1] The Negative Impact of Individualism and Entrepreneurialism
[2] Dealing with the Problem
§2.05 Marketing Information Systems
[1] The Negative Impact of Poor Information Systems
[2] Dealing with the Problem
§2.06 Production Orientation
[1] The Negative Impact of a Production Orientation
[2] Dealing with the Problem
§2.07 Ethical Restrictions
[1] The Negative Impact of Ethical Restrictions
[2] Dealing with the Problem
§2.08 Conclusion
CHAPTER 3
Marketing Analysis and Planning
§3.01 Planning in the Law Firm
[1] Benefits of Planning
[2] Why Law Firms Do Not Plan
[3] The Essentials of Planning
[4] A Mission or Vision
[5] Marketing Planning Without a Firm-Wide Approach
§3.02 The Marketing Planning Process
[1] Planning Levels
[2] Approaches to Planning
[3] The Process
§3.03 Conclusion
PART II
CHAPTER 4
Developing a Law Firm Image or “Brand”
§4.01 Introduction
§4.02 Definition of a Brand
§4.03 The Importance of an Image or “Brand”
§4.04 Difficulties in Creating an Image or “Brand”
[1] Individualism
[2] Organizational Structure and Management
[3] Short-Term Time Horizon
[4] Historical Complacency
[5] Intangibility
[6] Indistinquishable Names
[7] Ethical Restrictions
§4.05 Developing a Law Firm “Brand”
[1] Internal Analysis
[2] External Analysis
[3] Vision or Positioning Statement
[4] Manifestations of a “Brand”
§4.06 Conclusion
CHAPTER 4A
Selecting Marketing Tools and Activities
§4A.01 Introduction
§4A.02 Internal vs. External Activities
[1] Internal Marketing Activities
[2] External Marketing Activities
§4A.03 Measuring the Return on Your Marketing Investment
[1] The Measurement Process
[2] Examples in Measuring ROI
[3] Case Study in Measuring ROI
[4] Conclusion
§4A.04 Ethical Considerations
[1] Significant Decisions
[2] Highlights of Ethical Constraints
[3] Conclusion
CHAPTER 5
Client Relationship Management and Marketing Information Systems
§5.01 Introduction
§5.02 Marketing Databases or Client Relationship Management (CRM) Systems
[1] Benefits of a CRM/Contact Management (CM) System
[2] Needs and Considerations in Developing a CRM/CM System
[3] Getting Started
[4] Examples of Uses and Reports
[5] Other Considerations
§5.03 Internal Information Collection and Management
[1] Benefits of Collecting and Managing Internal Information
[2] Information of Interest and Uses of Internal Data
[3] Organizing and Using Internal Information
[4] Other Considerations
§5.04 Measuring the ROI of a CRM/Information System
§5.05 Conclusion
CHAPTER 6
Brochures and Collateral Pieces
§6.01 Introduction
§6.02 Purposes of Brochures
[1] Develop or Enhance Firm Image
[2] Provide Information About the Firm and its Capabilities
[3] Serve as a Marketing or Sales Tool
[4] Provide a Consistent Description of the Firm
§6.03 Developing a Capabilities Brochure
[1] Common Development Pitfalls
[2] Scope, Audience and Message
§6.04 Organizing Internally
[1] Put One Person in Charge
[2] Get Management Approval
[3] Solicit Input Once
§6.05 Writing an Effective Brochure
[1] Be Distinctive
[2] Overcome Objections
[3] Organize the Copy Well
[4] Call the Reader to Action
[5] Stress Benefits, Not Features
[6] Other Suggestions
§6.06 Producing the Brochure
[1] Design
[2] Printing and Production
§6.07 Using the Final Product
[1] Passive Circulation
[2] In Conjunction With Other Activities
[3] Copies for Each Lawyer
[4] A Copy for Each Employee
[5] As a Follow-Up Device
[6] In Developing New Business
[7] To New and Existing Clients
[8] To Referral Sources
[9] Easy Access
§6.08 Alternatives to Brochures and Collateral Materials
[1] A Presentation Folder
[2] A Resume or Proposal Cover
[3] Materials on Practice Areas or Services to Particular Industries
[4] Lawyer Resumes
[5] Lists of Clients and References
[6] Lists of Deals, Cases and Transactions
[7] Other Considerations
§6.09 Conclusion
CHAPTER 7
Newsletters, Mailings, and Other Communications
§7.01 Introduction
§7.02 Client Newsletters
[1] Benefits and Disadvantages of Newsletters
[2] Development of a Newsletter
[3] Production of Each Newsletter Issue
[4] Evaluating the ROI of a Newsletter
[5] Other Newsletter Ideas and Issues
§7.03 Alternatives to Newsletters
[1] Benefits of Newsletter Alternatives
[2] Disadvantages of Newsletter Alternatives
[3] Issues and Recommendations Regarding Newsletter Alternatives
§7.04 Announcements, Invitations and Other Mailings
[1] Announcements
[2] Invitations and Other Mailings
§7.05 Direct Mail Letters
[1] Writing and Design Considerations
[2] Developing the Mailing List
[3] Measurement and Follow-up
§7.06 Internal Marketing Newsletters
[1] Benefits of Internal Newsletters
[2] Content of Internal Marketing Newsletters
[3] Developing the Newsletter
[4] Other Internal Newsletter Issues
§7.07 Conclusion
CHAPTER 8
Market Research and Intelligence
§8.01 Introduction
[1] Gathering Information
[2] Designing a Research Project
[3] Conducting the Research
[4] Analyzing the Data
§8.02 Client Surveys
[1] Benefits of Client Surveys
[2] Obstacles to Client Audits or Surveys
[3] Areas of Audits
[4] The Survey/Audit Procedure
§8.03 Market Research Techniques
[1] Written Questionnaire
[2] Telephone Survey
[3] Personal Interview
[4] Focus Group
[5] Selecting the Research Method
[6] The Cost of Research
§8.04 Writing an Effective Questionnaire
[1] Types of Questions
[2] Sequence of Questions
§8.05 Other Market Research Applications
[1] Capturing Internal Information
[2] Evaluating a New Service or Location
§8.06 Conclusion
CHAPTER 9
Substantive Programs and Client Entertainment
§9.01 Introduction
§9.02 Substantive Programs
[1] Benefits and Caveats
[2] Planning an Effective Program
§9.03 Client Entertainment
[1] Events
[2] Firm Anniversaries
[3] Tickets and Suites
CHAPTER 10
Advertising and Public Relations
§10.01 Introduction
§10.02 Advertising
[1] Overview of Lawyer Advertising
[2] Steps of Effective Advertising
§10.03 Public Relations
[1] Benefits of Public Relations
[2] Media Relations Program
[3] Charitable Contributions and Sponsorships
§10.04 Selecting an Agency
§10.05 Ethical Considerations of Advertising and Public Relations
CHAPTER 11
Proposals, Presentations and Interviews for Business
§11.01 Introduction
§11.02 Proposals
[1] Organizing Internally
[2] Researching
[3] Writing the Proposal
[4] Follow-up
[5] Conclusion: Proposals
§11.03 Presentations and Interviewers
[1] Before the Interview
[2] The Interview or Presentation
[3] After the Interview
[4] Conclusion: Presentations and Interviews
§11.04 Other Considerations for Proposals, Presentations, and Interviews
CHAPTER 11A
Pricing and Billing Techniques
§11A.01 Introduction
§11A.02 Alternative Pricing Strategies
[1] Problems With Hourly Billing
[2] Benefits of Alternative Pricing Techniques
[3] Methods of Alternative Billing
§11A.03 Billing and Invoicing
§11A.04 Conclusion
CHAPTER 11B
Industry Conferences or Trade Shows
§11B.01 Introduction
§11B.02 Potential Activities
[1] Attending the Conference Sessions or Meetings
[2] Speaking at the Conference
[3] Advertising in Conference Materials
[4] Sponsoring the Conference, an Event, or a Giveaway
[5] Exhibiting at the Trade Show
[6] Integrating the Activities
§11B.03 Preparing for the Conference or Trade Show
[1] Evaluating the Group/Meeting
[2] Establishing Objectives
[3] Preparing for the Conference
[4] Preparing a Budget
[5] Alerting Other Contacts
§11B.04 At the Conference or Trade Show
[1] Attending Sessions and Functions
[2] Exhibiting
§11B.05 After the Conference or Trade Show
§11B.06 Conclusion
CHAPTER 11C
Web Sites and On-Line Marketing
§11C.01 Introduction
§11C.02 Benefits of On-Line Marketing
[1] Client Acceptance
[2] Marketing Advantages for Law Firms
§11C.03 Web Sites
[1] Evaluating Web Sites
[2] Content of a Firm Web Site
[3] Design and Organization of a Web Site
[4] Optimizing Search Engine Rankings
[5] Promoting the Web Site
[6] Assessing the Site's Effectiveness
[7] Other Web Site Considerations
§11C.04 Marketing Through E-Mail, Extranets, Blogs, Podcasts, and Emerging Technologies
[1] E-Mail
[2] Newsletters or “E-Zines”
[3] Business Proposals
[4] Online Legal Matching (OLM)
[5] Questionnaires and Surveys
[6] On-Line Seminars (“Webinars”)
[7] Client Service and Relationship Management
[8] Listservers or Discussion Forums
[9] New Services
[10] Extranets
[11] Web Logs or Blogs
[12] Podcasts
[13] Internet TV
§11C.05 Ethical Issues Involved in On-Line Marketing
[1] Responding to Inquiries
[2] Confidentiality
[3] Solicitation and Advertising
[4] Lawyer-Client Relationships and Conflicts of Interest
[5] Jurisdictional Issues
[6] Client Testimonials or Links
[7] Domain Names
[8] Suggestions for On-Line Communications
§11C.06 Conclusion
PART III
CHAPTER 12
Attorney Accountability and Involvement
§12.01 Decentralizing Marketing Activity
§12.02 Lawyer Marketing Training
[1] Goals of Marketing Training
[2] Areas of Marketing Training
[3] Forums or Methods of Training
[4] Follow-Up Vehicles
[5] Advice When Putting Together a Lawyer Training Program
[6] Conclusion
§12.03 Individual Lawyer Marketing Plans
[1] Justification for Individual Marketing Plans
[2] Benefits of Individual Marketing Plans
[3] The Individual Planning Process
[4] Conclusion
§12.04 Responsible Attorneys/Client Teams
[1] Responsible Attorneys
[2] Client Teams
[3] Concluding Comment
§12.05 Conclusion
CHAPTER 13
Management, Coordination and Support of the Marketing Effort
§13.01 Introduction
§13.02 Responsibility for Marketing Management
[1] The Role of the Managing Partner/Management Committee
[2] The Role of the Marketing Professional/Department
[3] The Role of Administration
[4] The Role of the Marketer
[5] The Role of the Marketing Committee
[6] The Role of Consultants and Agencies
§13.03 The Law Firm's Support for Marketing
[1] Mission
[2] Meetings
[3] Marketing Retreats
[4] Training and Education
[5] Resources
§13.04 Budgeting for Marketing
[1] Benefits of Having a Marketing Budget
[2] What Law Firms Are Spending on Marketing
[3] How to Budget
[4] Affixing Accountability
[5] Case Studies
[6] Conclusion
§13.05 Rewards and Recognition
[1] Partner Compensation Systems
[2] Associate Compensation
[3] Attorney Recognition
[4] The Role of the Marketing Professional in Rewards and Recognition
[5] Conclusion
§13.06 Follow Up
[1] Why Follow Up is Difficult
[2] How to Follow Up
PART IV
CHAPTER 13A
Marketing the Small Law Firm
§13A.01 Introduction
§13A.02 Advantages to Marketing a Small Firm
§13A.03 Disadvantages to Marketing a Small Firm
§13A.04 Developing a Perception of Expertise
§13A.05 The Steps to Marketing a Small Firm
§13A.06 Recommended Activities for Small Firms
[1] Marketing Intelligence
[2] Continual Communications
[3] Professional Marketing Materials and Web Site
[4] Media Relations
[5] Advertising
[6] Image
[7] Support Staff
[8] Promotional Activities
[9] Networks and Networking
[10] Client Service
§13A.07 Costs of Marketing Activities
§13A.08 Conclusion and Advice to Small Law Firms
CHAPTER 13B
Marketing a New Capability or Office
§13B.01 Introduction
§13B.02 Internal Activities
[1] Information Collection
[2] Education/Awareness Building
[3] Preparation for Cross Selling or Selling
§13B.03 External Activities
[1] Written Communications
[2] Face-to-Face Communications
§13B.04 Conclusion
CHAPTER 13C
Creating an “Alumni” Relations Program
§13C.01 Introduction
§13C.02 Potential Opportunities Which Alumni Bring
§13C.03 Establishing an Alumni Relations Program
§13C.04 Selecting Appropriate Activities
§13C.05 Conclusion
CHAPTER 13D
Cross-Selling Your Firm's Services
§13D.01 Introduction
§13D.02 Obstacles to Cross-Selling
§13D.03 What It Takes to Cross-Sell
§13D.04 Cross-Selling Activities
[1] Institutional Cross-Selling Activities
[2] Individual Cross-Selling Activities
§13D.05 Conclusion
CHAPTER 13E
Service Quality as a Marketing Strategy
§13E.01 Introduction
§13E.02 Elements of a Quality Program
[1] Continuous Improvement
[2] Involvement of All Professionals and Employees
[3] Leadership and Commitment from the Top
[4] Client Focus
[5] Process and System Focus
[6] Measurement
§13E.03 How Service Quality Is Defined by Clients
[1] Components of Service Quality
[2] Status of Law Firm Quality Efforts
§13E.04 Quality Checkpoints in a Law Firm
[1] Personnel (Attorneys and Staff)
[2] Firm Management/Motivation
[3] Firm Administration/Resources/Systems
§13E.05 Beginning Quality Initiatives in a Law Firm
[1] Client Involvement
[2] Measurement
[3] Quality Checks
[4] Involvement of All Personnel
[5] Service Guarantees
[6] Recognition and Rewards
§13E.06 Conclusion
CHAPTER 13F
Client Service Strategies
§13F.01 Introduction
§13F.02 The Importance of Existing Clients
§13F.03 Client Perceptions of Counsel
[1] Good Clients Often Feel Taken For Granted
[2] Client Perceptions Are Reality for Clients
[3] Clients' Views of the “Firm” Are Based on the Individuals With Whom They Deal
[4] Perceived Value Is More Important Than Fees
§13F.04 Improving Client Service as a Firm
[1] Build Relationships Around Key Clients
[2] Orient, Train and Reward People in Client Service Areas
[3] Implement Client Feedback Programs
[4] Be Good at Resolving Client Complaints
[5] Make Your Firm Easy to Do Business With
[6] Add Value to Client Relationships
§13F.05 Conclusion
CHAPTER 13G
Creating and Marketing a Law Firm Network
§13G.01 Introduction
§13G.02 Types of Networks and Associations
§13G.03 Purposes of Law Firm Networks
[1] Expanded Services
[2] Positioning
[3] Information Sharing
[4] Business Development and Referrals
[5] Sharing Resources
§13G.04 Considerations in Forming a Network
[1] Formality and Size
[2] Client Communication
[3] Exclusivity and Geographic Representation
[4] Similarity of Firms/Quality Control
[5] Role of Member Firms and Individuals
[6] Ethical Considerations
§13G.05 Marketing the Network or Association
[1] Internal Marketing Activities
[2] External Marketing Issues
§13G.06 Measuring the Impact
§13G.07 Conclusion
PART V
CHAPTER 14
Conclusion
§14.01 The Future of the Legal Practice
[1] Continued Consolidation of Law Firms
[2] Continued Development of Networks and Associations
[3] Competition From Other Professionals
[4] Diversification
[5] Branching
[6] Methods to Add Value or Price Services
[7] Productizing and Packaging Services
[8] Continued Pressure by Clients
[9] Outsourcing
[11] Niche Marketing
[12] Continued Development of In-HouseMarketing Departments
§14.02 Advice to Law Firms in Their Marketing Efforts
[1] Develop a Market-driven Culture
[2] Plan and Focus
[3] Manage the Firm and Its Growth
[4] Decentralize Marketing Efforts
[5] Educate and Communicate
[6] Follow Up
[7] Measure Marketing Success
[8] Position the Firm
[9] Focus on Quality
[10] Be Creative
§14.03 Concluding Comment
Appendix
Index
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