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In This Issue
By Kimberly Alford Rice
It seems impossible that we are once again at the end of a full and busy
year, “predicting” what’s ahead for the next. If there is one iron-clad tru-
ism for law firm marketing, it’s that nothing stays the same. So what can
we expect for the year ahead? We conducted an informal poll of our Board of
Editors, and here is what they had to say …
ACCOUNTABILITY
In 2016, marketing and business development leaders will be increasing
their focus on accountability to ensure greater returns on their efforts. As tal-
ented professionals continue to give lawyers the tools and training they need
to achieve the most potent results, they will be using performance metrics,
mobile platforms and targeted programming to fuel success in an evolving
digital market. — Ari Kaplan, Ari Kaplan Advisors, LLC, New York
TECHNOLOGY
We will continue to see technology grow in our departments. Specifically, busi-
ness-to-business law firms will follow the lead of consumer law firms that make
use of client data to predict future legal needs. For years, consumer law firms
have captured important client data and then used the information to position
themselves for future legal needs with the same target market. I think we will see
more from the technology side to help firms learn more about clients and even-
tually, with prediction models. — Beth Cuzzone, Goulston & Storrs PC, Boston
AFAS AND LATERALS
Alternative Fee Arrangements (AFA) can only succeed if the attorneys use
legal project management (LPM) frameworks to drive profitable matters. There
are too many firms losing out to inefficiencies in the practice of law.
Succession planning is critical as baby boomers are retiring. Clients
need to be handed off to younger partners years before the lead senior
partner retires.
By Stephan Hovnanian
Depending on who you ask,
your prospective clients are be-
tween 50%-90% through their
buying process before even
contacting you. Consider that
for a minute, especially focusing
on how powerful recommenda-
tions are in the legal profession.
They’ve searched on Google
for the type of law you practice,
and/or maybe even the answer
to a specific situation. They’ve
asked their friends and col-
leagues for references. They’ve
read industry content online to
become more educated about
the problem they are facing.
They’ve narrowed down the
list of potential firms/lawyers
to contact based on a variety
of factors, such as: 1) Personal
recommendations; 2) Online re-
views (both positive and nega-
tive); 3) Earned media; 4) How
closely those firms are associ-
ated with the educational infor-
mation they read; and 5) Which
firm websites were easiest to
navigate and felt the most reas-
suring
Oh, and there’s more. Let’s
assume that, for your target cli-
ent profile, research shows that
they are typically 65% of the
way through the decision-mak-
ing process by the time they
contact you. Your marketing
What’sintheCards
For2016?............... 1
HigherProfitability,
PartOne ................ 1
Marketing Tech:
GlamorizeYourFirm.. 3
SalesSpeak:LawFirm
BusDev................. 5
Media&
Communications:
TheArtofPR........... 7
Marketing
The Law Firm
®
continued on page 8
continued on page 2
Higher Profitability
In 2016
Four Areas of Focus
Part One of a
Two-Part Article
What’s in the Cards for 2016?
❖
Laterals as singles or in
pairs are a drain on firm re-
sources and cost too much
through head-hunter fees.
Firms need to pull in entire
practice groups or take over
smaller firms to create a posi-
tive result in the bottom line.
— Sharon Meit Abrahams,
Foley & Lardner LLP, Miami
MEDIA TRACKING
Media tracking and analytics
surrounding it are becoming a big
deal as law firms, especially, seek
data to support positioning and
marketing. — Nicholas “Nick”
Gaffney, Zumado Public Rela-
tions, San Francisco
STORYTELLING
One of the greatest trends is sto-
rytelling, or personalizing a firm or
a lawyer to connect more directly
with audiences to inspire, share,
motivate and humanize. Sharing
those stories over multiple channels
is easier than ever, reaching a wid-
er yet more defined audience. En-
gaging stories that share the firm’s
brand become a key differentiator
about a firm, but it’s important to
understand why telling the story is
necessary, where to tell it and what
to say. Monitor for reaction and
if the audience isn’t responding,
change the story or use more or
different emotion to connect, and
ultimately, increased awareness
about the firm, the brand or the at-
torney will result. — Vivian Hood,
Jaffe PR, Jacksonville, FL
‘DEALMAKERS’
Even today, attorneys are con-
stantly talking about the “low-
hanging fruit.” Lots of talk but
the only action comes from the
so called rainmakers. They either
picked the fruit, or kept building
the relationships once developed.
“Rain makes the fruit grow” was
a key phrase. Today, with clients
cutting budgets, wanting alterna-
tive billing rates or set fees per
service, cutting back on the num-
ber of outside law firms they use,
demanding more status reports
and budget controls from the
firms themselves, winning a new
engagement is no longer suffi-
cient. Clients are demanding more
commitments, value and controls
built into engagement agreements.
Thus, both GCs and outside coun-
sel are “dealing,” not rainmaking.
I’m not referring to estate or elder
law. But the primary practice areas
are all finding terms-negotiation
much more in demand by clients
and prospects.
“Rainmaker” is an outdated title.
With all of the changes lawyers
face working to generate new
business, from clients, prospects
and suspects, shouldn’t they now
be called dealmakers? With clients
reducing the number of “go-to”
firms, tougher fee negotiations,
firm budget demands and the re-
quirements for more communica-
tion, aren’t “deals” being made, not
“rain”?
“Rainmaker” had cache. But to-
day, and even more tomorrow,
new engagements will be built by
deal makers. — Allan Colman,
The Closers Group, Torrance, CA
THE CI FUNCTION
There has been an uptick in in-
terest and investment in the com-
petitive intelligence (CI) function,
many firms housing CI under Mar-
keting and Business Development;
some even establishing as a dis-
tinct or strategy function, acknowl-
edging the value of intelligence in
making a broad range of strategic
decisions not limited to marketing.
CI vulnerabilities are in finding
the right resources — information
sources, tools and people — to
truly translate data into insights.
This will continue to plague the
industry in the coming year as
many available options fall short.
Innovation is a new buzz word,
and rightly so. Some firms are
What’s Ahead?
continued from page 1
continued on page 6
Kimberly Alford Rice is Editor-in-
Chief of this newsletter and Prin-
cipal of KLA Marketing Associates
(www.klamarketing.net). Reach her
at 609-458-0415 or kimberly@kla
marketing.net.
EDITOR-IN-CHIEF . . . . . . . . . . Kimberly Alford Rice
EDITORIAL DIRECTOR . . . . . . Wendy Kaplan Stavinoha
GRAPHIC DESIGNER . . . . . . . . Manjeet Saini
BOARD OF EDITORS
SHARON MEIT
ABRAHAMS . . . . . . . . . . . . . Foley & Lardner LLP
Miami
BRUCE ALLTOP . . . . . . . . . . LawVision Group LLC
Boston
MARK BEESE . . . . . . . . . . . . Leadership for Lawyers
Evergreen, CO
LARRY BODINE . . . . . . . . . . The National Trial Lawyers
Tucson, AZ
JOHN J. BUCHANAN. . . . . . Reed Smith
San Francisco
ALLAN COLMAN. . . . . . . . . . The Closers Group
Torrance, CA
SILVIA L. COULTER . . . . . . . LawVision Group LLC
Boston
BETH MARIE CUZZONE. . . . Goulston & Storrs PC
Boston
NICHOLAS GAFFNEY . . . . . Zumado Public Relations
San Francisco
JOHN HELLERMAN . . . . . . . Hellerman Baretz
Communications
Washington, DC
VIVIAN HOOD. . . . . . . . . . . Jaffe
Jacksonville, FL
ARI KAPLAN. . . . . . . . . . . . . Ari Kaplan Advisors LLC
New York
Marketing The Law Firm® (ISSN 0893-7788) is published
by Law Journal Newsletters, a division of ALM.
© 2015 ALM Media, LLC. All rights reserved. No reproduction
of any portion of this issue is allowed without written permission
from the publisher. Telephone: (877) 256-2472;
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Reprints: www.almreprints.com
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The Law Firm
Published Monthly by:
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®
❖
By Karen Ellis
If you didn’t jump on the “selfie”
band-wagon, you can count yourself
sane; and now with the rush to ban
“selfie-sticks” by major public places
around the nation (including Disney,
Boston’s Museum of Fine Arts, New
York’s Museum of Modern Art, Coo-
per-Hewitt Design Museum, and Cali-
fornia’s Getty Center,to name a few),
certain law firms might start to con-
sider how to prepare to handle law
suits arising from the trend.
But just because the narcissists of
the world are driving the rest of us
crazy with their self-infatuation does
not mean that glamorizing your law
firm using modern technology should
repel you. If there was ever a time in
history that a law firm should “go
Hollywood,” this is it. Jumping on the
promotional tech bandwagon may
mean the difference in your law firm
rising to the top of your industry to
beat out the competition, or fading
into non-existence. If this concept
seems too progressive for your con-
servative clientele, consider that even
the most conservative American en-
joys going to the movies. Hollywood
is America, and there is no separating
the two. Modern technology has giv-
en us all the opportunity to easily be-
come “entertainers.” Even if your law
firm commonly shies away from the
more entertainment-inspired versions
of normally repetitive activities, glam-
ing up your brand online with mar-
keting technology and adding “zing”
might just be the most beneficial
thing you’ve done for your business
since taking it online. (Remember
when you swore you would never
have a website?)
There have been some big changes
in marketing that many traditional
businesses have not so eagerly em-
braced. However, business predic-
tions claim that if businesses don’t
pick up on modernizing their brand-
ing with the most current technolo-
gies, they will fade into the forgotten
world of dinosaur legacy companies.
These days, “boring” is death to a
brand’s image and will sink it into
the abyss of endless information. In
other words, the marketing and ad-
vertising of all brands must move into
the pseudo-entertainment space, and
soon. Some call it the “Disney-effect,”
and with it came a pull for brands
to emphasize what they do through
more grandiose expressions. Market-
ing today requires that brands reach
higher and not only seek to offer
impressive solutions to potential cli-
ents but engage and entertain them
as well.
Following are some progressive
marketing technologies that law firms
can consider if they want to start
pushing their brand beyond the com-
petition and into the emerging age of
successful brand engagement.
DEVELOP AN APP
Develop an app for your firm. If
you haven’t already created one,
consider having it done now. You
may wonder how this will ultimately
benefit your firm — 51% of people’s
time is spent using mobile digital
media (as opposed to those 42% still
on desktops); and 86% of the mobile
digital media users time is spent us-
ing apps. With a majority of the world
spending a majority of its time on a
mobile device, it’s easy to see why a
mobile app becomes the best way to
connect with potential and current
clients. Even more importantly, apps
are an invaluable way to gather sta-
tistics, conduct surveys, keep clients
happy, and stay in the minds of those
clients whom your firm has already
obtained. Happy clients are your best
marketing tools and can become
your most powerful influencers. Apps
make life easier for your firm influ-
encers to spread the word and tighten
your legal “neighborhood” while ex-
tending your brand’s reputation.
Apps have also been shown to in-
crease productivity among employees
by 20%. Easy access to your law firm’s
culture through an app allows em-
ployees to be well-informed, smarter,
more dedicated and thus more profit-
able.
BROADCAST
Start broadcasting your culture. So-
ciety has always had a love affair with
seeing how lawyers work, which is
why TV shows like Law & Order nev-
er seem to go out of style. However,
few law firms have used this to their
advantage. Yet these days broadcast-
ing has never been easier — using
apps like Periscope or Meerkat just
require one click on your phone or
tablet to go live. Consider setting up a
specific date and time to broadcast an
engaging and informative show and
watch your viewers (and potential cli-
ents) grow by leaps and bounds! (I re-
cently broadcast a show called “Walk
and Chat in Atlanta” to Periscope, and
within 45 minutes I grew my viewer
base from five to 400+ followers.)
These platforms are also an excellent
way to engage your mobile audience,
since they are run on mobile apps.
Broadcasting platforms are suc-
cessfully being used to solve one of
the most difficult problems to over-
come online — gaining people’s trust.
Prior to the Internet, people relied
on face-to-face interactions to see
how business worked, thus building
trust. Now with the rise of the online
world, potential clients often don’t
have the opportunity to meet busi-
ness people before making a decision
on whether to go forward with using
their services. This inability to “see
and judge” who they are engaging
with has caused a lack of transpar-
ency and trust; yet at the same time,
transparency and authenticity have
become one of the most important
things people are looking for when
MARKETING TECH
Glamorizing Your
Law Firm with
Modern Technology
Karen Ellis is the Owner of Social
Sweet Spot, digital strategizing, con-
tent writing and IoT for the mod-
ern age of marketing. Reach her
on Twitter @socialsweet and Social
SweetSpot on Linkedin, Facebook,
Periscope, Instagram and more. continued on page 4
❖
considering choosing a business to
work with. Real-time broadcasting
platforms are solving that problem
by giving businesses the ability to let
potential clients peer into their world
and build trust in their systems prior
to committing. If yours is the business
giving them this opportunity, you are
going to win out over the competition
that isn’t providing the same.
Another benefit of broadcasting
your law firm is its ability to connect
you quickly with local, national and
international journalists, and to be-
come known as a “go-to” authority in
your area of specialty. Broadcasting
using modern technologies puts you
in control, and puts your firm in the
spotlight affordably and efficiently.
HIRE A WRITER
Hire a professional content writer.
As with any other investment, with
content writing, you get what you pay
for. Realistically, you should expect to
pay between $35-$95 per 500-1000
words for a quality article depending
on research time and complexity. It is
not an expensive investment, but if
you so choose to go the “super cheap
$5 per article route,” please make
sure your writer’s first language is
English — I think you get my drift. At
the very least, you should have your
writer create a 500-1000-word blog
post for you at least once a month.
The benefit here is multi-layered. It
not only keeps your business look-
ing alive and current, it also makes
Google continue to take notice of it.
ADD FRESH CONTENT
Most people have the misconcep-
tion that Google is crawling every
website in the entire world everyday,
but each site is different in Google’s
view. Most businesses want to know
how they can get Google to crawl
their sites more often. If you’re con-
stantly adding new content to your
website, Google won’t want to stay
away; it won’t want to miss any-
thing new that you post for fear of
not having your site fully indexed in
its search engine. Therefore, adding
fresh content to your site is the easiest
way to entice Google to come back to
your web and social sites, and come
back often. If you want to see how
often Google crawls your website, it
can easily be found in your Google
Webmaster Tools account. (Google
Webmaster Tools is a free service pro-
vided by Google, so if you don’t have
it, go to google.com/webmaster/tools,
where Google will walk you through
how to set it up.) Once you’ve logged
in to your Google Webmaster Tools
account, navigate to the “Crawl”
menu item on the left, followed by
the “Crawl Stats” sub item after that.
You’ll notice Google Webmaster Tools
only stores historical data for up to
90 days but this should give you all
the information you need to discover
Google’s crawling habits as they re-
late to your website.
You may be wondering why you
shouldn’t do your own content writ-
ing? The answer is simple. You won’t
do it (or you would be doing it al-
ready), and you aren’t good at it. Just
as you don’t want to have a market-
ing person go into court and be the
lawyer that represents your firm, you
should understand that people don’t
necessarily enjoy reading what law-
yers have to write. Lawyers tend to
write in a very legalistic complicated
way and although that is appropriate
for your industry, it isn’t appropri-
ate for gaining clients. Complicated,
industry-laced lingo, or boring talk
can drive a potential client away from
your site as fast as they got there
because they will feel your brand is
“un-relatable.” So unless you are John
Grisham, hire a writer that can trans-
late what you are trying to relate to
the public in an engaging and enter-
taining way. It is a simple premise,
stick to what you do best and hire
others to do the rest. A professional
content writer will also know how to
creatively add SEO keywords to your
online articles making them all the
more desirable to the Google crawl.
GAMIFY
Don’t just glamify … gamify. Con-
tent marketing is predicted to con-
tinue to be a key marketing strategy.
Leading brands continue to look for
new solutions to create fun and en-
gaging content. Gamification gives
marketers the power to appeal to
the competitive nature of humans
and successfully get them to engage
with a brand. Gamification rewards
“players” with points or badges, or
by displaying top engagers on spe-
cial leaderboards. This strategy offers
powerful motivation for users, and
gamified strategies are becoming a
standard practice for driving brand
engagement and fostering client loy-
alty. It may sound complicated or ex-
pensive but gamification can work for
almost any product or service and is
adaptable to every budget. Gamifica-
tion can help create better awareness
about the services your law firm pro-
vides while increasing your bottom
line. Gamified strategies engage and
direct visitors to other parts of your
website (or app) to learn more about
your specific area of service.
One of the most popular ways to
gamify your brand is through surveys.
You’ve probably already engaged in
these games without even realizing it.
Every time you jump to a survey from
a friend’s Facebook post, you are en-
gaging in a gamified strategy. It works
by having you click away from Face-
book to arrive on the brand’s web-
site where they can collect stats on
you and entice you to click on other
pages and advertisements. Then they
get you to continue the process by
posting your analyzed answer to your
Facebook page where your friends
will click on it. The end result allows
for brands to “vine” out through users
contacts and collect a huge amount of
data resulting in qualified leads.
CONCLUSION
Building your story is building your
brand. With the evolution of Google
tools, storytelling has again become
a highly valued means of marketing.
The more entertaining and engaging
your brand’s story is, the more valu-
able your brand will become. Your
goal for marketing your brand should
be to stand out from the crowd of mil-
lions of other lawyers and law firms
expressing themselves online.
Don’t be afraid to glam up your
brand and take your law firm to the
next level with modern technology.
Make your law firm the one everyone
is talking about — online and off.
Marketing Tech
continued from page 3
—❖—
❖
By Bruce Alltop
The legal market continues to
change. One thing that continues
to remain constant is the difficulty
that law firms and lawyers have
with identifying and communicat-
ing how they differ from their com-
petition. The most common refrains
that I hear being used when asked
the question, “Why should clients
retain you?” include the standard
“quality, responsiveness, communi-
cation, practical advice,” etc.
The reference to deep industry
experience is bantered around,
too, but all too often, not in a man-
ner that truly differentiates. This
article offers two suggested solu-
tions to the differentiation conun-
drum; the first of which relates to
the go-to-market approach itself
and the second relates to the com-
munication of value.
Let’s begin with the go-to-mar-
ket approach. I continue to hear
from industry sages and from our
clients’ clients (through feedback
engagements) that legal decision-
makers expect outside legal coun-
sel to understand their business.
This drum beat continues to grow
louder with every passing year and
becomes more important to legal
decision-makers as they select
outside legal counsel. In fact, “Un-
derstanding the Client’s Business”
has been highlighted in recent BTI
surveys as being the single best
way to differentiate your law firm
from your competition.
Meanwhile, many firms still
have not made understanding
their clients’ business a priority.
Most firms continue to go to mar-
ket by practice area, rather than
taking a coordinated, client-cen-
tric approach to the marketplace.
What this means is that firms are
not listening to what the clients
are saying, which we all know is
bad business development strat-
egy.
HOW TO START
In successful relationship de-
velopment, listening is rarely an
insignificant component. When
asked, many of my clients tell me
that they aren’t changing their ap-
proach because they aren’t quite
sure where to start. So, I offer the
following questions that you and
your teams should be considering,
among many others, as you start
down the road to “understanding
your client”:
What is your client’s busi-
ness model? In other words,
how does your client’s com-
pany make money?
Where is your client’s indus-
try heading? What are some
regulatory trends that may
result in an impact on your
client’s business?
What are your clients’ busi-
ness goals and objectives?
What are your key contacts’
personal goals and objec-
tives?
What are some obstacles that
may get in the way of your
client’s company achieving
their objectives? What are
their stated risks (Hint: com-
panies list them in their an-
nual 10K SEC filing)
How is your client’s com-
pany organized? (Hint: get
a copy of their org chart);
which business unit leaders
are influential in hiring out-
side counsel?
What is your client’s defini-
tion of success? How about
their definition of value?
Which legal solutions can
we bring to them that we’ve
brought to other clients
just like them to help them
overcome the obstacles that
are getting in the way of
them achieving their objec-
tives?
FINDING THE ANSWERS
So, how do you go about finding
the answers to these questions and
others like them? You can certainly
create intelligence dossiers, create
Google searches, use an aggrega-
tor tool like Manzama, go to the
client’s website, review their secu-
rities filings, etc. There are several
technology tools available to help
keep apprised of developments
with your client companies that
are relatively inexpensive; particu-
larly considering the increased im-
portance clients are placing on this
knowledge year-after-year. Howev-
er, although valuable, the informa-
tion provided by these tools is no
substitute for an interactive discus-
sion with your client!
There is no need to wait for a
formal setting like a pitch meeting
to ask your client contact these
questions (and many similar oth-
ers). As a side note, there is no
need to feel obligated to get the
answers to all of these questions in
just one meeting. I’m not alone in
believing that firms should make
client-centricity the keystone to
their go-to-market strategy, but it’s
certainly something that I’m pas-
sionate about. Given the competi-
tive environment in which we’re
operating, I think you should be,
too.
Understanding the client’s busi-
ness is very important. So, too, is
going to market by industry. What
does this actually mean? Going to
market by industry really means
being focused on what the cli-
ent needs, rather than what we’re
trying to “sell.” To be success-
ful in professional services busi-
ness development these days, it’s
SALES SPEAK
Law Firm Bus Dev
Differentiation Isn’t As
Hard As You Think
Bruce Alltop, a member of this
newsletter’s Board of Editors, is
a Senior Consultant at LawVision
Group. He helps firms with client
retention and growth as well as
with new business development. He
may be reached at 781-834-3825 or
bruce.alltop@lawvisiongroup.com. continued on page 6
❖
imperative that you understand
what business issue that you or
your firm is solving for the client.
Then, and only then, do you bring
the “solution” to the problem.
COMMUNICATING
DIFFERENTIATION
Understanding how to surpass
the competition typically begins
with an understanding of who
the competition is. In many cas-
es, firms or practice groups with
whom I work haven’t taken the
time to identify their competition
or to investigate and discuss their
respective go-to-market messages.
Communicating how we are
different may manifest itself in a
couple of ways; 1) the facts them-
selves are very compelling; e.g.,
“No other firm in the universe has
ever attempted and achieved such
a feat of extreme litigation”; or 2)
quite simply, the manner in which
the value message is delivered.
Let’s focus on the latter. Typically,
because they are really smart, my
clients will resort to responding
to the differentiation question by
answering, “We have more expe-
rience in your industry, Ms. Pros-
pect, than any of our competitors.”
Keeping in mind that clients have
said over and over again that they
want their providers to understand
their business, the previous sen-
tence could be a very compelling
differentiator. However, it could
also mean losing the engagement.
Allow me to share both scenarios
with you.
In the simplest of terms, the
experience-related differentia-
tion statement above is a “feature”
statement. It implies value, but it
doesn’t explicitly convey value.
When we imply value in business
development, we give the prospect
an opportunity to come to their
own conclusion about the value.
For example, when we only pro-
vide a “feature” statement such
as the experience-related answer
above, we think that the prospect
is going to be duly impressed be-
cause of the obvious value that
this level of experience will de-
liver to the prospect once we’re
retained. Well, the truth is that by
only providing the “feature” state-
ment about industry experience,
we have given the prospect an op-
portunity to determine what that
actually means to them and their
organization; many times, their
conclusion wasn’t what we intend-
ed.
If we answer the question, “Why
should we retain you?” and our
answer is, “We have more experi-
ence in your industry, Ms. Pros-
pect, than any of our competitors,”
the prospect, left to his/her own
devices, may arrive at a different
conclusion altogether. What if that
prospect, although placing indus-
try experience at the top of his or
her list of decision criteria, also
wants the provider not to be lim-
ited to that one industry, but also
have experience outside of the
specific industry to incorporate
best practices from elsewhere? If
we simply convey that we have ex-
perience in his/her industry and
leave it at that, instead of differen-
tiating ourselves, we may have just
disqualified ourselves.
CONCLUSION
The takeaway here is to always
include a “benefit” statement along
with the “feature.” We have estab-
lished above that “We have more
experience in your industry, Ms.
Client, than any of our competi-
tors.” is the feature statement. A
benefit statement might be “which
means that we can alert you to
business issues of consequence
and best practices that fall out-
side the boundaries of this specific
engagement.” All too often, I find
that feature statements are what
are being delivered. Look at your
website, fast fact sheets, your law-
yers’ bios, etc. and I suspect that
you’ll find many of these feature
statements.
Consider adding a benefit state-
ment to each of them. Although
many of your feature statements
will be similar in nature to the
competition’s feature statements,
telling the prospect what the value
is through a benefit statement will
differentiate you and the firm.
Communicating value by using
benefit statements will set you
apart from your competitors, be-
cause, for the most part, they are
not doing it properly either.
Sales Speak
continued from page 5
—❖—
establishing Chief Innovation Of-
ficers. Attention for some time has
been on “innovation” in the delivery
of legal services. True innovation
will come from the creation of new
types of products and services. Sey-
farth, for example, has a leader ded-
icated to intrapreneurship. Clever.
Sadly, examples of true innovation
at law firms are few and far between.
There has been some push to adja-
cent lines of business (e.g., Drinker’s
e-discovery subsidiary, the Silicon
Valley firms’ start-up arms, Manatt’s
Healthcare Solutions group); and
noteworthy advancements such as
Thomson Reuters’ partnership with
IBM Watson or RavelLaw’s with Har-
vard Law School bring innovation
to the industry overall. — Marcie
Borgal Shunk, Law Vision Group
CONCLUSION
There you have it, the best of
the best in law firm marketing
sharing their views on what is to
come. We’ll meet you here same
time, same place, in December
2016 to see what actually trans-
pired! It’s going to be another ex-
citing year.
What’s Ahead?
continued from page 2
—❖—
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Call: 877-257-3382
Visit: www.almreprints.com
e-Mail: reprints@alm.com
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NOW 4 WAYS TO ORDER
❖
By Kathy O’Brien
Love him or hate him, there is no
question that Donald Trump is in for
the long haul. Since he announced
he was running for president of the
United States, he has received wall-
to-wall news coverage almost every
single day from every form of me-
dia — broadcast, print, online and
even “fake news” programs like The
Daily Show, Last Week Tonight with
John Oliver, and others.
Even though there is just about
11 months to go before the election,
Trump doesn’t show any signs of
stopping, and the media continues to
follow in his wake. When it comes to
PR, Trump has made a lot of missteps,
to be sure, but — shockingly — there
may be a few nuggets of wisdom in
his take-no-prisoners PR approach.
When working with the media,
here are a few lessons from The
Donald’s scorched-earth strategy.
TELL IT LIKE IT IS
While Trump is known, and may
be even revered, for his brutally can-
did approach, saying whatever pops
into your head while a microphone
is on is not recommended. Instead,
know your key messages in advance.
What is a key message? It’s the one
thing you want your target audience
to remember more than anything
else, and you should use every op-
portunity during the interview to
deliver it. Use colorful, descriptive
words to paint the picture for the au-
dience, but certainly don’t cross the
line into being crude and offensive.
USE PLAIN LANGUAGE
Again, Trump is likable to some
because he is easy to understand.
He doesn’t use complex political
speak. There is no waffling, lack of
energy or convoluted explanations.
He speaks directly to his audience,
using plain and simple terms.
In the legal profession, it’s easy
to hide behind complex words or
phrasing, but doing so means your
audience will soon be lost in a deep
sea of jargon and will inevitably
tune you out. Avoid excessive stats
or numbers and technical explana-
tions. If your non-lawyer friends
can’t understand what you’re talking
about, then you’re probably making
it too complicated. To further facili-
tate understanding, try to be as de-
scriptive as possible and use analo-
gies. And once again, tell it like it is
by expanding on the “why,” talking
about what else can still be done,
discussing the impacts and using
each question as an opportunity to
drive home your key message.
Just as Trump has taught us that
we should avoid flippant comments
and off-hand remarks, he has also
shown us that — while you want
to keep your comments straight-
forward — those comments and re-
marks should never be dismissive or
superficial.
BE YOURSELF
While often unapologetic, bra-
zen, shocking and even offensive,
Trump is Trump. He does not pre-
tend to be something he’s not. He
doesn’t play by the typical PR rules.
He doesn’t dodge the media, hide
behind a spokesperson, offer script-
ed statements, retract comments or
give apologies. Eventually, this may
mean the downfall of his campaign,
but at press time, he is still holding
his own in the polls.
While we are not recommend-
ing Trump’s aggressive approach,
we do recommend that you strike a
balance between being interesting,
engaging and even a little contro-
versial. You can’t survive on rheto-
ric and message points alone. There
must always be substance behind
the comments that comes from your
heart. In the end, your audience will
see you for the polished, prepared
and honest person that you are.
CONFRONT BAD NEWS
Inevitably, all law firms will face
bad news from partner defections,
staff reductions, malpractice suits,
drops in revenue, controversial cas-
es and other stomach-churning situ-
ations that have many law firm lead-
ers looking to the stars and praying
for it all to just go away. Sticking
your head in the sand and ignoring
the problem doesn’t work. The con-
versation in the media, especially
social media, will happen whether
you participate in it or not. So why
not control the narrative?
While Trump manhandles the
media, often cutting reporters off
to make his point and speaking in
loud, aggressive tones, his willing-
ness to tackle problems head-on
helps him control the message. Ever
since his drop in the polls, he has re-
sponded to every media question on
the issue, often shrugging it off and
pointing to results that show him
on top. Then, he tweets it: “Wow! @
FoxNews poll just came out. #1 with
26%! Almost as importantly, I am the
strongest on economic issues by far!
#Trump2016.”
While I don’t believe Trump has a
set strategy on how to engage with
the media when bad news breaks,
law firms should. Identifying and
training a key spokesperson, outlin-
ing the critical messages, giving the
story to a trusted reporter and even-
tually sharing the details on social
media should all be part of a law
firm’s crisis PR playbook.
USE SOCIAL MEDIA WISELY
The Donald comes from the New
York real estate world, which has
embraced social media since its
inception. It’s an easy and inex-
pensive way to show a property,
discuss market trends, and reach a
young, wealthy demographic that
consumes more than nine hours
of digital media a day. Trump, (or
someone on his staff on his be-
half) joined Twitter in 2009 and,
MEDIA & COMMUNICATIONS
The Art of PR
Lessons Learned from
Donald Trump
Kathy O’Brien is an award-win-
ning publicist with Jaffe. She may
be reached at 203-268-1315 or
kobrien@jaffepr.com. Connect with
her on LinkedIn and Twitter. continued on page 8
❖
To order this newsletter, call: On the Web at:
since then, has amassed more
than 4.72 million followers and
pushed out nearly 29,000 tweets.
(Meanwhile, he only follows 46 ac-
counts.) Clearly, Trump uses social
media as a megaphone to share
his story with the world and invite
conversation.
Sometimes, however, that trans-
parency can backfire. In fact, in
September, Trump told the Twit-
tersphere to “ask me anything.”
As it turns out, people did, and
some of the responses were ruth-
less (and hilarious). While Twitter
can certainly be an asset to any
organization, it can also mean the
organization’s downfall if not used
properly. Trump now wisely uses
Twitter to promote his upcoming
appearances, poll numbers, book
signings and major interviews,
serving as a good example of how
law firms can share their news,
too.
WHEN ALL ELSE FAILS,
PAY FOR SPACE
At press time, Trump announced
that he was planing to spend
$300,000 in ad buys in the pri-
mary states of New Hampshire,
Iowa and South Carolina. The ads
will focus on the cornerstones of
his campaign — the huge wall, his
business experience and the in-
eptitude of his competitors. While
not everyone agrees with these
positions, those are his positions,
and, rather than risk the messaging
getting jumbled in the press, he is
reinforcing his points by doubling
down and purchasing media space
in those key markets.
Paid media, although very helpful
in communicating a message, some-
times is seen as less credible. You re-
ally need to weigh the pros and cons.
Sometimes buying an ad, sponsoring
an event or paying for a bylined arti-
cle placement where you can control
the message makes perfect sense and
should be part of an overall market-
ing strategy. Other times, the results
of those techniques can be laughable.
With the election less than year
away, there is no doubt we will be
seeing a lot more of Trump. In the
coming days, weeks and months,
I’m sure he will continue to provide
fodder for late night talk shows,
newspaper editorials and marketing
best practices (or worst practices)
that we as savvy legal marketers can
replicate, or avoid at all costs. Either
way, it will be an exciting year.
Media & Comm
continued from page 7
—❖—
still has to account for the remain-
ing 35% as the leads are nurtured
and ultimately closed. That burden
falls on the shoulders of your firm’s
staff, who need to be up to speed on
what type of experience and trust
you created for the first 65%, or the
client will receive mixed signals and
decide to look at the next name on
their short list.
And yes, marketing touches even
more still. Your firm is in the sub-
scription business, not because
you charge a $29 monthly fee for
access to some software or infor-
mation but because your clients
make the choice to work with you
(or not) every time they need legal
services. Retaining them as clients
increases their client lifetime val-
ue, makes them more profitable,
and ultimately can reduce the (sig-
nificantly higher) resources you
invest toward new client acquisi-
tion.
Marketing has become account-
able for the entire customer journey
because in the end, the marketing
department’s mission is to delight
the clients so they buy from you
again.
IDEAS FOR THE NEW YEAR
Below are areas within your
firm that you can work on in 2016
to give you the best likelihood of
creating those end-to-end delight-
ful experiences. But first, keep this
phrase in mind as you read through
the rest of this article: Sell the hole,
not the drill. Or, put another way:
You sell your clients a better version
of themselves.
Now, let's get started with our
2016 to-do list:
Buyer Personas. Hopefully you
are very familiar with this term. If
not, create a buyer persona using
feedback from multiple depart-
ments within your firm. Learn ex-
actly why your clients choose to
retain your lawyers, why they left,
what demographic tendencies they
have (gender, company role, age,
etc.). Remember to keep your per-
sonas up to date, instead of stashed
in a network drive as PDFs.
Account-Based Marketing. Look
into account-based marketing to
identify what is influencing larger
clients to engage you across mul-
tiple practice areas, and what those
engagements look like. Can you
spot any opportunities or trends?
CONCLUSION
Our list is far from complete. Next
month, we continue our look at
account-based marketing, and also
explore value nurturing, conversion
optimization, and more.
Stephan Hovnanian is founder
and owner of Shovi Websites, an
e-mail and web marketing company
outside Boston. He may be reached
at www.shovi.com or 781-538-5901.
Higher Profitability
continued from page 1
The publisher of this newsletter is not engaged in rendering
legal, accounting, financial, investment advisory or other
professional services, and this publication is not meant to
constitute legal, accounting, financial, investment advisory
or other professional advice. If legal, financial, investment
advisory or other professional assistance is required, the
services of a competent professional person should be sought.
—❖—

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Marketing The Law Firm Dec 2015

  • 1. In This Issue By Kimberly Alford Rice It seems impossible that we are once again at the end of a full and busy year, “predicting” what’s ahead for the next. If there is one iron-clad tru- ism for law firm marketing, it’s that nothing stays the same. So what can we expect for the year ahead? We conducted an informal poll of our Board of Editors, and here is what they had to say … ACCOUNTABILITY In 2016, marketing and business development leaders will be increasing their focus on accountability to ensure greater returns on their efforts. As tal- ented professionals continue to give lawyers the tools and training they need to achieve the most potent results, they will be using performance metrics, mobile platforms and targeted programming to fuel success in an evolving digital market. — Ari Kaplan, Ari Kaplan Advisors, LLC, New York TECHNOLOGY We will continue to see technology grow in our departments. Specifically, busi- ness-to-business law firms will follow the lead of consumer law firms that make use of client data to predict future legal needs. For years, consumer law firms have captured important client data and then used the information to position themselves for future legal needs with the same target market. I think we will see more from the technology side to help firms learn more about clients and even- tually, with prediction models. — Beth Cuzzone, Goulston & Storrs PC, Boston AFAS AND LATERALS Alternative Fee Arrangements (AFA) can only succeed if the attorneys use legal project management (LPM) frameworks to drive profitable matters. There are too many firms losing out to inefficiencies in the practice of law. Succession planning is critical as baby boomers are retiring. Clients need to be handed off to younger partners years before the lead senior partner retires. By Stephan Hovnanian Depending on who you ask, your prospective clients are be- tween 50%-90% through their buying process before even contacting you. Consider that for a minute, especially focusing on how powerful recommenda- tions are in the legal profession. They’ve searched on Google for the type of law you practice, and/or maybe even the answer to a specific situation. They’ve asked their friends and col- leagues for references. They’ve read industry content online to become more educated about the problem they are facing. They’ve narrowed down the list of potential firms/lawyers to contact based on a variety of factors, such as: 1) Personal recommendations; 2) Online re- views (both positive and nega- tive); 3) Earned media; 4) How closely those firms are associ- ated with the educational infor- mation they read; and 5) Which firm websites were easiest to navigate and felt the most reas- suring Oh, and there’s more. Let’s assume that, for your target cli- ent profile, research shows that they are typically 65% of the way through the decision-mak- ing process by the time they contact you. Your marketing What’sintheCards For2016?............... 1 HigherProfitability, PartOne ................ 1 Marketing Tech: GlamorizeYourFirm.. 3 SalesSpeak:LawFirm BusDev................. 5 Media& Communications: TheArtofPR........... 7 Marketing The Law Firm ® continued on page 8 continued on page 2 Higher Profitability In 2016 Four Areas of Focus Part One of a Two-Part Article What’s in the Cards for 2016?
  • 2. ❖ Laterals as singles or in pairs are a drain on firm re- sources and cost too much through head-hunter fees. Firms need to pull in entire practice groups or take over smaller firms to create a posi- tive result in the bottom line. — Sharon Meit Abrahams, Foley & Lardner LLP, Miami MEDIA TRACKING Media tracking and analytics surrounding it are becoming a big deal as law firms, especially, seek data to support positioning and marketing. — Nicholas “Nick” Gaffney, Zumado Public Rela- tions, San Francisco STORYTELLING One of the greatest trends is sto- rytelling, or personalizing a firm or a lawyer to connect more directly with audiences to inspire, share, motivate and humanize. Sharing those stories over multiple channels is easier than ever, reaching a wid- er yet more defined audience. En- gaging stories that share the firm’s brand become a key differentiator about a firm, but it’s important to understand why telling the story is necessary, where to tell it and what to say. Monitor for reaction and if the audience isn’t responding, change the story or use more or different emotion to connect, and ultimately, increased awareness about the firm, the brand or the at- torney will result. — Vivian Hood, Jaffe PR, Jacksonville, FL ‘DEALMAKERS’ Even today, attorneys are con- stantly talking about the “low- hanging fruit.” Lots of talk but the only action comes from the so called rainmakers. They either picked the fruit, or kept building the relationships once developed. “Rain makes the fruit grow” was a key phrase. Today, with clients cutting budgets, wanting alterna- tive billing rates or set fees per service, cutting back on the num- ber of outside law firms they use, demanding more status reports and budget controls from the firms themselves, winning a new engagement is no longer suffi- cient. Clients are demanding more commitments, value and controls built into engagement agreements. Thus, both GCs and outside coun- sel are “dealing,” not rainmaking. I’m not referring to estate or elder law. But the primary practice areas are all finding terms-negotiation much more in demand by clients and prospects. “Rainmaker” is an outdated title. With all of the changes lawyers face working to generate new business, from clients, prospects and suspects, shouldn’t they now be called dealmakers? With clients reducing the number of “go-to” firms, tougher fee negotiations, firm budget demands and the re- quirements for more communica- tion, aren’t “deals” being made, not “rain”? “Rainmaker” had cache. But to- day, and even more tomorrow, new engagements will be built by deal makers. — Allan Colman, The Closers Group, Torrance, CA THE CI FUNCTION There has been an uptick in in- terest and investment in the com- petitive intelligence (CI) function, many firms housing CI under Mar- keting and Business Development; some even establishing as a dis- tinct or strategy function, acknowl- edging the value of intelligence in making a broad range of strategic decisions not limited to marketing. CI vulnerabilities are in finding the right resources — information sources, tools and people — to truly translate data into insights. This will continue to plague the industry in the coming year as many available options fall short. Innovation is a new buzz word, and rightly so. Some firms are What’s Ahead? continued from page 1 continued on page 6 Kimberly Alford Rice is Editor-in- Chief of this newsletter and Prin- cipal of KLA Marketing Associates (www.klamarketing.net). Reach her at 609-458-0415 or kimberly@kla marketing.net. EDITOR-IN-CHIEF . . . . . . . . . . Kimberly Alford Rice EDITORIAL DIRECTOR . . . . . . Wendy Kaplan Stavinoha GRAPHIC DESIGNER . . . . . . . . Manjeet Saini BOARD OF EDITORS SHARON MEIT ABRAHAMS . . . . . . . . . . . . . Foley & Lardner LLP Miami BRUCE ALLTOP . . . . . . . . . . LawVision Group LLC Boston MARK BEESE . . . . . . . . . . . . Leadership for Lawyers Evergreen, CO LARRY BODINE . . . . . . . . . . The National Trial Lawyers Tucson, AZ JOHN J. BUCHANAN. . . . . . Reed Smith San Francisco ALLAN COLMAN. . . . . . . . . . The Closers Group Torrance, CA SILVIA L. COULTER . . . . . . . LawVision Group LLC Boston BETH MARIE CUZZONE. . . . Goulston & Storrs PC Boston NICHOLAS GAFFNEY . . . . . Zumado Public Relations San Francisco JOHN HELLERMAN . . . . . . . Hellerman Baretz Communications Washington, DC VIVIAN HOOD. . . . . . . . . . . Jaffe Jacksonville, FL ARI KAPLAN. . . . . . . . . . . . . Ari Kaplan Advisors LLC New York Marketing The Law Firm® (ISSN 0893-7788) is published by Law Journal Newsletters, a division of ALM. © 2015 ALM Media, LLC. All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Telephone: (877) 256-2472; Editorial e-mail: wampolsk@alm.com Circulation e-mail: customercare@alm.com Reprints: www.almreprints.com POSTMASTER: Send address changes to: ALM 120 Broadway, New York, NY 10271 Marketing The Law Firm Published Monthly by: Law Journal Newsletters 1617 JFK Boulevard, Suite 1750, Philadelphia, PA 19103 www.ljnonline.com ®
  • 3. ❖ By Karen Ellis If you didn’t jump on the “selfie” band-wagon, you can count yourself sane; and now with the rush to ban “selfie-sticks” by major public places around the nation (including Disney, Boston’s Museum of Fine Arts, New York’s Museum of Modern Art, Coo- per-Hewitt Design Museum, and Cali- fornia’s Getty Center,to name a few), certain law firms might start to con- sider how to prepare to handle law suits arising from the trend. But just because the narcissists of the world are driving the rest of us crazy with their self-infatuation does not mean that glamorizing your law firm using modern technology should repel you. If there was ever a time in history that a law firm should “go Hollywood,” this is it. Jumping on the promotional tech bandwagon may mean the difference in your law firm rising to the top of your industry to beat out the competition, or fading into non-existence. If this concept seems too progressive for your con- servative clientele, consider that even the most conservative American en- joys going to the movies. Hollywood is America, and there is no separating the two. Modern technology has giv- en us all the opportunity to easily be- come “entertainers.” Even if your law firm commonly shies away from the more entertainment-inspired versions of normally repetitive activities, glam- ing up your brand online with mar- keting technology and adding “zing” might just be the most beneficial thing you’ve done for your business since taking it online. (Remember when you swore you would never have a website?) There have been some big changes in marketing that many traditional businesses have not so eagerly em- braced. However, business predic- tions claim that if businesses don’t pick up on modernizing their brand- ing with the most current technolo- gies, they will fade into the forgotten world of dinosaur legacy companies. These days, “boring” is death to a brand’s image and will sink it into the abyss of endless information. In other words, the marketing and ad- vertising of all brands must move into the pseudo-entertainment space, and soon. Some call it the “Disney-effect,” and with it came a pull for brands to emphasize what they do through more grandiose expressions. Market- ing today requires that brands reach higher and not only seek to offer impressive solutions to potential cli- ents but engage and entertain them as well. Following are some progressive marketing technologies that law firms can consider if they want to start pushing their brand beyond the com- petition and into the emerging age of successful brand engagement. DEVELOP AN APP Develop an app for your firm. If you haven’t already created one, consider having it done now. You may wonder how this will ultimately benefit your firm — 51% of people’s time is spent using mobile digital media (as opposed to those 42% still on desktops); and 86% of the mobile digital media users time is spent us- ing apps. With a majority of the world spending a majority of its time on a mobile device, it’s easy to see why a mobile app becomes the best way to connect with potential and current clients. Even more importantly, apps are an invaluable way to gather sta- tistics, conduct surveys, keep clients happy, and stay in the minds of those clients whom your firm has already obtained. Happy clients are your best marketing tools and can become your most powerful influencers. Apps make life easier for your firm influ- encers to spread the word and tighten your legal “neighborhood” while ex- tending your brand’s reputation. Apps have also been shown to in- crease productivity among employees by 20%. Easy access to your law firm’s culture through an app allows em- ployees to be well-informed, smarter, more dedicated and thus more profit- able. BROADCAST Start broadcasting your culture. So- ciety has always had a love affair with seeing how lawyers work, which is why TV shows like Law & Order nev- er seem to go out of style. However, few law firms have used this to their advantage. Yet these days broadcast- ing has never been easier — using apps like Periscope or Meerkat just require one click on your phone or tablet to go live. Consider setting up a specific date and time to broadcast an engaging and informative show and watch your viewers (and potential cli- ents) grow by leaps and bounds! (I re- cently broadcast a show called “Walk and Chat in Atlanta” to Periscope, and within 45 minutes I grew my viewer base from five to 400+ followers.) These platforms are also an excellent way to engage your mobile audience, since they are run on mobile apps. Broadcasting platforms are suc- cessfully being used to solve one of the most difficult problems to over- come online — gaining people’s trust. Prior to the Internet, people relied on face-to-face interactions to see how business worked, thus building trust. Now with the rise of the online world, potential clients often don’t have the opportunity to meet busi- ness people before making a decision on whether to go forward with using their services. This inability to “see and judge” who they are engaging with has caused a lack of transpar- ency and trust; yet at the same time, transparency and authenticity have become one of the most important things people are looking for when MARKETING TECH Glamorizing Your Law Firm with Modern Technology Karen Ellis is the Owner of Social Sweet Spot, digital strategizing, con- tent writing and IoT for the mod- ern age of marketing. Reach her on Twitter @socialsweet and Social SweetSpot on Linkedin, Facebook, Periscope, Instagram and more. continued on page 4
  • 4. ❖ considering choosing a business to work with. Real-time broadcasting platforms are solving that problem by giving businesses the ability to let potential clients peer into their world and build trust in their systems prior to committing. If yours is the business giving them this opportunity, you are going to win out over the competition that isn’t providing the same. Another benefit of broadcasting your law firm is its ability to connect you quickly with local, national and international journalists, and to be- come known as a “go-to” authority in your area of specialty. Broadcasting using modern technologies puts you in control, and puts your firm in the spotlight affordably and efficiently. HIRE A WRITER Hire a professional content writer. As with any other investment, with content writing, you get what you pay for. Realistically, you should expect to pay between $35-$95 per 500-1000 words for a quality article depending on research time and complexity. It is not an expensive investment, but if you so choose to go the “super cheap $5 per article route,” please make sure your writer’s first language is English — I think you get my drift. At the very least, you should have your writer create a 500-1000-word blog post for you at least once a month. The benefit here is multi-layered. It not only keeps your business look- ing alive and current, it also makes Google continue to take notice of it. ADD FRESH CONTENT Most people have the misconcep- tion that Google is crawling every website in the entire world everyday, but each site is different in Google’s view. Most businesses want to know how they can get Google to crawl their sites more often. If you’re con- stantly adding new content to your website, Google won’t want to stay away; it won’t want to miss any- thing new that you post for fear of not having your site fully indexed in its search engine. Therefore, adding fresh content to your site is the easiest way to entice Google to come back to your web and social sites, and come back often. If you want to see how often Google crawls your website, it can easily be found in your Google Webmaster Tools account. (Google Webmaster Tools is a free service pro- vided by Google, so if you don’t have it, go to google.com/webmaster/tools, where Google will walk you through how to set it up.) Once you’ve logged in to your Google Webmaster Tools account, navigate to the “Crawl” menu item on the left, followed by the “Crawl Stats” sub item after that. You’ll notice Google Webmaster Tools only stores historical data for up to 90 days but this should give you all the information you need to discover Google’s crawling habits as they re- late to your website. You may be wondering why you shouldn’t do your own content writ- ing? The answer is simple. You won’t do it (or you would be doing it al- ready), and you aren’t good at it. Just as you don’t want to have a market- ing person go into court and be the lawyer that represents your firm, you should understand that people don’t necessarily enjoy reading what law- yers have to write. Lawyers tend to write in a very legalistic complicated way and although that is appropriate for your industry, it isn’t appropri- ate for gaining clients. Complicated, industry-laced lingo, or boring talk can drive a potential client away from your site as fast as they got there because they will feel your brand is “un-relatable.” So unless you are John Grisham, hire a writer that can trans- late what you are trying to relate to the public in an engaging and enter- taining way. It is a simple premise, stick to what you do best and hire others to do the rest. A professional content writer will also know how to creatively add SEO keywords to your online articles making them all the more desirable to the Google crawl. GAMIFY Don’t just glamify … gamify. Con- tent marketing is predicted to con- tinue to be a key marketing strategy. Leading brands continue to look for new solutions to create fun and en- gaging content. Gamification gives marketers the power to appeal to the competitive nature of humans and successfully get them to engage with a brand. Gamification rewards “players” with points or badges, or by displaying top engagers on spe- cial leaderboards. This strategy offers powerful motivation for users, and gamified strategies are becoming a standard practice for driving brand engagement and fostering client loy- alty. It may sound complicated or ex- pensive but gamification can work for almost any product or service and is adaptable to every budget. Gamifica- tion can help create better awareness about the services your law firm pro- vides while increasing your bottom line. Gamified strategies engage and direct visitors to other parts of your website (or app) to learn more about your specific area of service. One of the most popular ways to gamify your brand is through surveys. You’ve probably already engaged in these games without even realizing it. Every time you jump to a survey from a friend’s Facebook post, you are en- gaging in a gamified strategy. It works by having you click away from Face- book to arrive on the brand’s web- site where they can collect stats on you and entice you to click on other pages and advertisements. Then they get you to continue the process by posting your analyzed answer to your Facebook page where your friends will click on it. The end result allows for brands to “vine” out through users contacts and collect a huge amount of data resulting in qualified leads. CONCLUSION Building your story is building your brand. With the evolution of Google tools, storytelling has again become a highly valued means of marketing. The more entertaining and engaging your brand’s story is, the more valu- able your brand will become. Your goal for marketing your brand should be to stand out from the crowd of mil- lions of other lawyers and law firms expressing themselves online. Don’t be afraid to glam up your brand and take your law firm to the next level with modern technology. Make your law firm the one everyone is talking about — online and off. Marketing Tech continued from page 3 —❖—
  • 5. ❖ By Bruce Alltop The legal market continues to change. One thing that continues to remain constant is the difficulty that law firms and lawyers have with identifying and communicat- ing how they differ from their com- petition. The most common refrains that I hear being used when asked the question, “Why should clients retain you?” include the standard “quality, responsiveness, communi- cation, practical advice,” etc. The reference to deep industry experience is bantered around, too, but all too often, not in a man- ner that truly differentiates. This article offers two suggested solu- tions to the differentiation conun- drum; the first of which relates to the go-to-market approach itself and the second relates to the com- munication of value. Let’s begin with the go-to-mar- ket approach. I continue to hear from industry sages and from our clients’ clients (through feedback engagements) that legal decision- makers expect outside legal coun- sel to understand their business. This drum beat continues to grow louder with every passing year and becomes more important to legal decision-makers as they select outside legal counsel. In fact, “Un- derstanding the Client’s Business” has been highlighted in recent BTI surveys as being the single best way to differentiate your law firm from your competition. Meanwhile, many firms still have not made understanding their clients’ business a priority. Most firms continue to go to mar- ket by practice area, rather than taking a coordinated, client-cen- tric approach to the marketplace. What this means is that firms are not listening to what the clients are saying, which we all know is bad business development strat- egy. HOW TO START In successful relationship de- velopment, listening is rarely an insignificant component. When asked, many of my clients tell me that they aren’t changing their ap- proach because they aren’t quite sure where to start. So, I offer the following questions that you and your teams should be considering, among many others, as you start down the road to “understanding your client”: What is your client’s busi- ness model? In other words, how does your client’s com- pany make money? Where is your client’s indus- try heading? What are some regulatory trends that may result in an impact on your client’s business? What are your clients’ busi- ness goals and objectives? What are your key contacts’ personal goals and objec- tives? What are some obstacles that may get in the way of your client’s company achieving their objectives? What are their stated risks (Hint: com- panies list them in their an- nual 10K SEC filing) How is your client’s com- pany organized? (Hint: get a copy of their org chart); which business unit leaders are influential in hiring out- side counsel? What is your client’s defini- tion of success? How about their definition of value? Which legal solutions can we bring to them that we’ve brought to other clients just like them to help them overcome the obstacles that are getting in the way of them achieving their objec- tives? FINDING THE ANSWERS So, how do you go about finding the answers to these questions and others like them? You can certainly create intelligence dossiers, create Google searches, use an aggrega- tor tool like Manzama, go to the client’s website, review their secu- rities filings, etc. There are several technology tools available to help keep apprised of developments with your client companies that are relatively inexpensive; particu- larly considering the increased im- portance clients are placing on this knowledge year-after-year. Howev- er, although valuable, the informa- tion provided by these tools is no substitute for an interactive discus- sion with your client! There is no need to wait for a formal setting like a pitch meeting to ask your client contact these questions (and many similar oth- ers). As a side note, there is no need to feel obligated to get the answers to all of these questions in just one meeting. I’m not alone in believing that firms should make client-centricity the keystone to their go-to-market strategy, but it’s certainly something that I’m pas- sionate about. Given the competi- tive environment in which we’re operating, I think you should be, too. Understanding the client’s busi- ness is very important. So, too, is going to market by industry. What does this actually mean? Going to market by industry really means being focused on what the cli- ent needs, rather than what we’re trying to “sell.” To be success- ful in professional services busi- ness development these days, it’s SALES SPEAK Law Firm Bus Dev Differentiation Isn’t As Hard As You Think Bruce Alltop, a member of this newsletter’s Board of Editors, is a Senior Consultant at LawVision Group. He helps firms with client retention and growth as well as with new business development. He may be reached at 781-834-3825 or bruce.alltop@lawvisiongroup.com. continued on page 6
  • 6. ❖ imperative that you understand what business issue that you or your firm is solving for the client. Then, and only then, do you bring the “solution” to the problem. COMMUNICATING DIFFERENTIATION Understanding how to surpass the competition typically begins with an understanding of who the competition is. In many cas- es, firms or practice groups with whom I work haven’t taken the time to identify their competition or to investigate and discuss their respective go-to-market messages. Communicating how we are different may manifest itself in a couple of ways; 1) the facts them- selves are very compelling; e.g., “No other firm in the universe has ever attempted and achieved such a feat of extreme litigation”; or 2) quite simply, the manner in which the value message is delivered. Let’s focus on the latter. Typically, because they are really smart, my clients will resort to responding to the differentiation question by answering, “We have more expe- rience in your industry, Ms. Pros- pect, than any of our competitors.” Keeping in mind that clients have said over and over again that they want their providers to understand their business, the previous sen- tence could be a very compelling differentiator. However, it could also mean losing the engagement. Allow me to share both scenarios with you. In the simplest of terms, the experience-related differentia- tion statement above is a “feature” statement. It implies value, but it doesn’t explicitly convey value. When we imply value in business development, we give the prospect an opportunity to come to their own conclusion about the value. For example, when we only pro- vide a “feature” statement such as the experience-related answer above, we think that the prospect is going to be duly impressed be- cause of the obvious value that this level of experience will de- liver to the prospect once we’re retained. Well, the truth is that by only providing the “feature” state- ment about industry experience, we have given the prospect an op- portunity to determine what that actually means to them and their organization; many times, their conclusion wasn’t what we intend- ed. If we answer the question, “Why should we retain you?” and our answer is, “We have more experi- ence in your industry, Ms. Pros- pect, than any of our competitors,” the prospect, left to his/her own devices, may arrive at a different conclusion altogether. What if that prospect, although placing indus- try experience at the top of his or her list of decision criteria, also wants the provider not to be lim- ited to that one industry, but also have experience outside of the specific industry to incorporate best practices from elsewhere? If we simply convey that we have ex- perience in his/her industry and leave it at that, instead of differen- tiating ourselves, we may have just disqualified ourselves. CONCLUSION The takeaway here is to always include a “benefit” statement along with the “feature.” We have estab- lished above that “We have more experience in your industry, Ms. Client, than any of our competi- tors.” is the feature statement. A benefit statement might be “which means that we can alert you to business issues of consequence and best practices that fall out- side the boundaries of this specific engagement.” All too often, I find that feature statements are what are being delivered. Look at your website, fast fact sheets, your law- yers’ bios, etc. and I suspect that you’ll find many of these feature statements. Consider adding a benefit state- ment to each of them. Although many of your feature statements will be similar in nature to the competition’s feature statements, telling the prospect what the value is through a benefit statement will differentiate you and the firm. Communicating value by using benefit statements will set you apart from your competitors, be- cause, for the most part, they are not doing it properly either. Sales Speak continued from page 5 —❖— establishing Chief Innovation Of- ficers. Attention for some time has been on “innovation” in the delivery of legal services. True innovation will come from the creation of new types of products and services. Sey- farth, for example, has a leader ded- icated to intrapreneurship. Clever. Sadly, examples of true innovation at law firms are few and far between. There has been some push to adja- cent lines of business (e.g., Drinker’s e-discovery subsidiary, the Silicon Valley firms’ start-up arms, Manatt’s Healthcare Solutions group); and noteworthy advancements such as Thomson Reuters’ partnership with IBM Watson or RavelLaw’s with Har- vard Law School bring innovation to the industry overall. — Marcie Borgal Shunk, Law Vision Group CONCLUSION There you have it, the best of the best in law firm marketing sharing their views on what is to come. We’ll meet you here same time, same place, in December 2016 to see what actually trans- pired! It’s going to be another ex- citing year. What’s Ahead? continued from page 2 —❖— ALM REPRINTS Call: 877-257-3382 Visit: www.almreprints.com e-Mail: reprints@alm.com Scan: QR code at right NOW 4 WAYS TO ORDER
  • 7. ❖ By Kathy O’Brien Love him or hate him, there is no question that Donald Trump is in for the long haul. Since he announced he was running for president of the United States, he has received wall- to-wall news coverage almost every single day from every form of me- dia — broadcast, print, online and even “fake news” programs like The Daily Show, Last Week Tonight with John Oliver, and others. Even though there is just about 11 months to go before the election, Trump doesn’t show any signs of stopping, and the media continues to follow in his wake. When it comes to PR, Trump has made a lot of missteps, to be sure, but — shockingly — there may be a few nuggets of wisdom in his take-no-prisoners PR approach. When working with the media, here are a few lessons from The Donald’s scorched-earth strategy. TELL IT LIKE IT IS While Trump is known, and may be even revered, for his brutally can- did approach, saying whatever pops into your head while a microphone is on is not recommended. Instead, know your key messages in advance. What is a key message? It’s the one thing you want your target audience to remember more than anything else, and you should use every op- portunity during the interview to deliver it. Use colorful, descriptive words to paint the picture for the au- dience, but certainly don’t cross the line into being crude and offensive. USE PLAIN LANGUAGE Again, Trump is likable to some because he is easy to understand. He doesn’t use complex political speak. There is no waffling, lack of energy or convoluted explanations. He speaks directly to his audience, using plain and simple terms. In the legal profession, it’s easy to hide behind complex words or phrasing, but doing so means your audience will soon be lost in a deep sea of jargon and will inevitably tune you out. Avoid excessive stats or numbers and technical explana- tions. If your non-lawyer friends can’t understand what you’re talking about, then you’re probably making it too complicated. To further facili- tate understanding, try to be as de- scriptive as possible and use analo- gies. And once again, tell it like it is by expanding on the “why,” talking about what else can still be done, discussing the impacts and using each question as an opportunity to drive home your key message. Just as Trump has taught us that we should avoid flippant comments and off-hand remarks, he has also shown us that — while you want to keep your comments straight- forward — those comments and re- marks should never be dismissive or superficial. BE YOURSELF While often unapologetic, bra- zen, shocking and even offensive, Trump is Trump. He does not pre- tend to be something he’s not. He doesn’t play by the typical PR rules. He doesn’t dodge the media, hide behind a spokesperson, offer script- ed statements, retract comments or give apologies. Eventually, this may mean the downfall of his campaign, but at press time, he is still holding his own in the polls. While we are not recommend- ing Trump’s aggressive approach, we do recommend that you strike a balance between being interesting, engaging and even a little contro- versial. You can’t survive on rheto- ric and message points alone. There must always be substance behind the comments that comes from your heart. In the end, your audience will see you for the polished, prepared and honest person that you are. CONFRONT BAD NEWS Inevitably, all law firms will face bad news from partner defections, staff reductions, malpractice suits, drops in revenue, controversial cas- es and other stomach-churning situ- ations that have many law firm lead- ers looking to the stars and praying for it all to just go away. Sticking your head in the sand and ignoring the problem doesn’t work. The con- versation in the media, especially social media, will happen whether you participate in it or not. So why not control the narrative? While Trump manhandles the media, often cutting reporters off to make his point and speaking in loud, aggressive tones, his willing- ness to tackle problems head-on helps him control the message. Ever since his drop in the polls, he has re- sponded to every media question on the issue, often shrugging it off and pointing to results that show him on top. Then, he tweets it: “Wow! @ FoxNews poll just came out. #1 with 26%! Almost as importantly, I am the strongest on economic issues by far! #Trump2016.” While I don’t believe Trump has a set strategy on how to engage with the media when bad news breaks, law firms should. Identifying and training a key spokesperson, outlin- ing the critical messages, giving the story to a trusted reporter and even- tually sharing the details on social media should all be part of a law firm’s crisis PR playbook. USE SOCIAL MEDIA WISELY The Donald comes from the New York real estate world, which has embraced social media since its inception. It’s an easy and inex- pensive way to show a property, discuss market trends, and reach a young, wealthy demographic that consumes more than nine hours of digital media a day. Trump, (or someone on his staff on his be- half) joined Twitter in 2009 and, MEDIA & COMMUNICATIONS The Art of PR Lessons Learned from Donald Trump Kathy O’Brien is an award-win- ning publicist with Jaffe. She may be reached at 203-268-1315 or kobrien@jaffepr.com. Connect with her on LinkedIn and Twitter. continued on page 8
  • 8. ❖ To order this newsletter, call: On the Web at: since then, has amassed more than 4.72 million followers and pushed out nearly 29,000 tweets. (Meanwhile, he only follows 46 ac- counts.) Clearly, Trump uses social media as a megaphone to share his story with the world and invite conversation. Sometimes, however, that trans- parency can backfire. In fact, in September, Trump told the Twit- tersphere to “ask me anything.” As it turns out, people did, and some of the responses were ruth- less (and hilarious). While Twitter can certainly be an asset to any organization, it can also mean the organization’s downfall if not used properly. Trump now wisely uses Twitter to promote his upcoming appearances, poll numbers, book signings and major interviews, serving as a good example of how law firms can share their news, too. WHEN ALL ELSE FAILS, PAY FOR SPACE At press time, Trump announced that he was planing to spend $300,000 in ad buys in the pri- mary states of New Hampshire, Iowa and South Carolina. The ads will focus on the cornerstones of his campaign — the huge wall, his business experience and the in- eptitude of his competitors. While not everyone agrees with these positions, those are his positions, and, rather than risk the messaging getting jumbled in the press, he is reinforcing his points by doubling down and purchasing media space in those key markets. Paid media, although very helpful in communicating a message, some- times is seen as less credible. You re- ally need to weigh the pros and cons. Sometimes buying an ad, sponsoring an event or paying for a bylined arti- cle placement where you can control the message makes perfect sense and should be part of an overall market- ing strategy. Other times, the results of those techniques can be laughable. With the election less than year away, there is no doubt we will be seeing a lot more of Trump. In the coming days, weeks and months, I’m sure he will continue to provide fodder for late night talk shows, newspaper editorials and marketing best practices (or worst practices) that we as savvy legal marketers can replicate, or avoid at all costs. Either way, it will be an exciting year. Media & Comm continued from page 7 —❖— still has to account for the remain- ing 35% as the leads are nurtured and ultimately closed. That burden falls on the shoulders of your firm’s staff, who need to be up to speed on what type of experience and trust you created for the first 65%, or the client will receive mixed signals and decide to look at the next name on their short list. And yes, marketing touches even more still. Your firm is in the sub- scription business, not because you charge a $29 monthly fee for access to some software or infor- mation but because your clients make the choice to work with you (or not) every time they need legal services. Retaining them as clients increases their client lifetime val- ue, makes them more profitable, and ultimately can reduce the (sig- nificantly higher) resources you invest toward new client acquisi- tion. Marketing has become account- able for the entire customer journey because in the end, the marketing department’s mission is to delight the clients so they buy from you again. IDEAS FOR THE NEW YEAR Below are areas within your firm that you can work on in 2016 to give you the best likelihood of creating those end-to-end delight- ful experiences. But first, keep this phrase in mind as you read through the rest of this article: Sell the hole, not the drill. Or, put another way: You sell your clients a better version of themselves. Now, let's get started with our 2016 to-do list: Buyer Personas. Hopefully you are very familiar with this term. If not, create a buyer persona using feedback from multiple depart- ments within your firm. Learn ex- actly why your clients choose to retain your lawyers, why they left, what demographic tendencies they have (gender, company role, age, etc.). Remember to keep your per- sonas up to date, instead of stashed in a network drive as PDFs. Account-Based Marketing. Look into account-based marketing to identify what is influencing larger clients to engage you across mul- tiple practice areas, and what those engagements look like. Can you spot any opportunities or trends? CONCLUSION Our list is far from complete. Next month, we continue our look at account-based marketing, and also explore value nurturing, conversion optimization, and more. Stephan Hovnanian is founder and owner of Shovi Websites, an e-mail and web marketing company outside Boston. He may be reached at www.shovi.com or 781-538-5901. Higher Profitability continued from page 1 The publisher of this newsletter is not engaged in rendering legal, accounting, financial, investment advisory or other professional services, and this publication is not meant to constitute legal, accounting, financial, investment advisory or other professional advice. If legal, financial, investment advisory or other professional assistance is required, the services of a competent professional person should be sought. —❖—