Category: Marketing

Your Brand is You

Going from one generation to another in the 1980s when I was asked to be the law firm’s Chief Operating Officer was difficult enough … and dysfunctional if seen from a 50,000 foot level. But, today, with four generations in the same workspace and literally competing for the same jobs/clients, many conflicts and sparks emerge that wouldn’t otherwise. It’s a wonder that law firms continue to grow in such an environment … of course, such growth does provide “hiding” space to some extent for conflict. See “Bad for the Brand” author, Jonathan Fitzgerald, for a prescient understanding.


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“Selling” is an essential for all professionals

“Marketing” is no longer only for the rarefied equity partner. Quinn Emanuel, a major law firm, announced it will require Associates and Of Counsel attorneys to actively participate in at least one marketing effort during the year.

There is skepticism among marketing personnel, and even lawyers, how effective such a requirement will be. It would appear, however, that any focus on “marketing” even if not directly related to the current activity of the associate would sensitize the associate to “new business” opportunities that cross the path of every professional regularly. While the approach of this law firm is unique, it addresses the query registered by one associate years ago to the managing partner of one of my clients: what can the associate do to expedite the path to partnership? The response of that managing partner was, “… Just do good work…”

In today’s competitive environment, that response is no longer adequate. Doing “good work” is no longer sufficient. While the law is a “profession” and good work is required, the law is also a “business” and marketing/selling is the first step to attaining new clients and increased revenue. “Making a better mousetrap” is no longer sufficient in a competitive world. Even a quality law firm must get its message to its prospective client base.


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Increasing price of legal services and technology as the antidote

The number of new lawyers admitted to the bar was lower in 2014 than in 2013; in addition, law school admissions were considerably lower than in previous years. That suggests there will be fewer lawyers ready and able to fill the ranks of the Baby Boomers as they increasingly leave the practice. Prices to consumers of legal services may increase, depending on the increased utilization of technology. But, compensation for lawyers, even entrepreneurial lawyers will be squeezed and likely lead to continued decreased attractiveness for law school admissions.

When the prices of services or goods continue to rise, creativity enters the fray to lower the price, or a parent price. In the sale of food products, for example, the weight or size of the package decreases to keep the price at its previous level. With professional services, technology appears to provide more effective, speedier and higher quality legal services. Hence, the model rule of professional conduct concerning competence gets modified to include technology skills comparable to those of colleagues in the practice area and/or geographic area of delivery.


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The “new” power of the client

 

Some pundits have declared that the era of the customer is now upon us. In an announcement by Costco Wholesale Corp. and American Express Co., the 15 year relationship of exclusivity will come to an end in 2016. The economics appear to be clear. Costco wants/needs to bolster its sagging profits; AmEx believes it will not be earning “enough” to continue. Hence, the power of the buyer (Costco) to pick up its marbles and find another credit card company. Obviously , the buyer has options. AmEx will lose about eight percent of its gross revenue and its stock price has already suffered.

A similar situation occurred years ago between a large regional supermarket chain and an even larger (by revenue) national cheese supplier. The supplier believed it had a unique customer branded franchise and could force the supermarket to bend to its will. The supermarket gave the processor 48 hours to remove its product from the store cases and it was years before the manufacturer could reenter. The franchise was not so strong as the supplier believed.

In each case, and in most others, there is a breakdown in communication and relationship that far transcends the economics.

Law firms have felt similar pressures in the last several years. To say that law firm clients have reached new heights of power is a mis-characterization.  Rather, a super sensitivity on the part of General Counsel to the needs of the corporate employer/client which signs his/her paycheck and a breakdown in the loyalties of organizations to their outside counsel fostered by a “take it for granted” attitude by outside counsel.  The goal still is a “partnership” between the lawyer and the client. In the past, some lawyers have taken the client relationship for granted. Perhaps, the client will speak up more assertively today. There is more to loyalty than merely a technical command of the law.


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Service is still the name of the game

A New York consulting firm recently conducted a survey and found that eight of the top 10 companies that no longer provided extraordinary support for their products and services for technology companies. Companies like Samsung, Apple and others apparently are appealing to a younger audience that is not accustomed to having handholding as an element of value.

Dunkin’ Donuts was one company that  was more traditional and not technology based. Apple, while no longer  enabling you to make an appointment at their “Genius Bar” online nevertheless  still had a service component by opening more stores in more cities with more personnel to help those with operational issues.  Apple found that the Genius Bar is better left for hardware and software glitches; other issues can be addressed by the consumer taking a class in either their store or their phone provider. But, Apple did not forsake its consumer who needed technical assistance.

Nothing replaces human contact, even for the youngest generation. A very astute technology company called “www.gethuman.com” build some of the gap for older folks by finding phone numbers of the very same companies who seek to hide their presence from consumers.

Companies, even technology companies, must realize that customer service is a marathon, not a sprint. Consumers, myself included, recently have left Samsung and purchased the new Apple iPhone 6. Why? because Samsung refused to  connect with their consumer to solve the consumer’s issues. Apple does. And while Samsung’s commercials suggest that Apple 6+ is nearly a copy, it is a “copy”  that works and carries with it a service component.


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Purchasing a Lamborghini is easier than purchasing a house

Achieving success in business—including, of course, the business of law—is an art. The artist (lawyer) must create a scene on a canvas (atmosphere) that draws in clients, making clients want to immerse themselves in that canvas.

Last night, I was talking with a friend and venting about the paperwork requiring signatures in order for us to complete the process of buying a house. Between the escrow company and lender, it seemed as though there had to have been pounds of paper, quite a few of which required a notarized signature. My friend commented that it took only a few pieces of paper with a simple signature—no notary—to buy and drive off in a Lamborghini or other fancy car.  In contrast, a house can’t be moved. One would think that the lender and the seller would be more worried about the car than the house.

How have such signatory processes been formulated? More importantly, is the buyer made to feel like an honored and respected participant or, rather, like someone who is not trustworthy?

Although this metaphor is not totally applicable to the business of law and the lawyer-client relationship, the fact is that the lawyer must make his/her client feel honored and comfortable. The lawyer must make the client feel that the law office and the lawyer’s services are like an art museum surrounding the client with masterpieces that the client will willingly return to again and again.

To do less will put a ceiling on your success.


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Open letter to Fred Smith, Chmn & CEO of FedEx

A customer challenge and how to create customer ill will:

I sent two framed pieces of art, one of them  a print by Salvador Dali, to my son in New York. I’m in Los Angeles. The representative at the counter of the Marina del Rey FedEx store assured me that FedEx packaging the prints would guarantee a) that they would be packaged well, b) if there were any damage, FedEx would not assert a claim of improper packaging. I paid extra for this service and was given a $1,000 insurance policy at no extra charge.

The prints arrived in New York … with the cover glass broken and the outside packaging ripped. I filed a claim with the company as requested, with photos and a claim estimate from a frame company. After what seemed like more time than it should have taken, I received a letter denying the claim…. because the prints were improperly packaged. I called to inquire further but was told that the person who denied the claim, the person whose name is on the letter of denial,  had to be the person to talk with me. I called several times, leaving my name and number, requesting a return call. Still …. no response.

I called the local (point of shipment) office. They again assured me that they were responsible for packaging … and proof of FedEx packaging is both in the pictures (they used blue packaging tape) and on the invoice issued by FedEx. But, I was told, they have no authority to settle a claim.  Apparently, neither does the New York (locus of delivery) office.

Several calls to the claims department of FedEx in the East have not been returned. Yet, another department of the company is now threatening me with a collection letter.

This denial and silence breeds ill-will among customers/clients. I read a marketing statistic that suggests that for every good service experience, you tell one person; for every bad service experience, you tell 20 people. This amplification is not what any responsible company wants  to experience.

Moral to my audience:  Make it easy to reach you; don’t hide behind complex web site walls. Return calls and resolve disputes … that’s how you create goodwill.


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Speak and Write for Success

Gary Kinder, founder and CEO of WordRake® writes the following:

“…Each of us has three vocabularies:

  1. our reading or comprehension vocabulary – by far the largest;
  2. our writing vocabulary – in the middle; and
  3. our speaking vocabulary – the smallest and least grammatical.

When speaking, we use, and tolerate (to a point) others using, ers and uhs and sos and wells and likes, and confusing who with whom and lay with lie because most of us can’t think fast enough when we speak to get it all grammatically correct; plus we have tone of voice, facial expressions, and body language to help us communicate. Our writing must be more precise than our speech because we have only words to convey meaning.

Email is a weird hybrid existing between speaking and writing. In that gap, our email mindset might be loose and informal, but our business recipients do not forgive our typos, grammatical slips, and bloated, unnecessary, abstract, sometimes nonsensical phrasing. That’s where the tension lies: we write it as though the message is impermanent; they judge it and us as though it’s permanent….”

When in business, we know the validity of “dress for success.” So, too, when communicating even in e-mail, write/speak commensurate with your market, the recipients of your communication. “Talking” with personal friends is a different matter.

31 minutes, 23 seconds
4.6MB


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In with the new, out with the old

When I first heard the news, I was surprised that Baker Hostleter accepted the assignment from the Republican Party to sue President Obama for allegedly overstepping the boundaries of Executive Power. Why? The first reason that came to mind was that such a high profile assignment would identify them as a Republican oriented law firm. This likely would alienate half the population.  Why would one willingly toss away one-half of your prospective market?

Of course, some believe that any publicity is good publicity. For example, Baker Hostetler was lampooned earlier this month when Jimmy Fallon on the Tonight Show ran a fake commercial for the law firm. “At Baker Hostetler, we specialize in one thing: suing the president,” the parody ad said. “For instance, have you ever been forced to pass Obamacare, even though you didn’t like it? We can help you waste thousands of dollars in taxpayer money to fight for what you sort of believe in.” For their target market, the business world, I do not think this is the image they want.

The second reason is that, at least in my mind, the case to limit Executive Power is likely not to be won despite a Republican-oriented Court. This essentially is a political issue that can be addressed in the political arena of electioneering. Elections will be held in the near future. Executive Power has expanded with each President, including Republicans. Any curtailment would apply to future Presidents, including Republicans. Why, as a Party, would they want to do this?

Of course, this is a suit against the Executive being brought by the Congress … and therein may lie the answer for the suit. That does not answer the question, though, as to why a law firm would want to be so identified. Baker understood its business base and perhaps had second thoughts. Quinn Emanuel, having recently won some big lawsuits, may be feeling its oats and believe they are impervious to such considerations … or perhaps they want to be so identified.


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