I recently overheard an estate-planning attorney comment
on his marketing efforts by saying, "I did some things in the first half of the
year, but now I'm too busy to devote any more time to marketing." A real estate
attorney had a different complaint: "Business is really down...I need to get
going on my marketing efforts."
Both comments are symptomatic of an
all-too-common phenomenon I call "stop and go" marketing. This refers to the
wildly inconsistent approach to marketing that many practitioners adopt in
their attempt to keep a steady stream of clients coming in the door.
What drives "stop and go" marketing is the
inverse relationship between the amount of business a firm currently has and
the perceived need to market. When law firms are busy, they undertake few, if
any, marketing efforts. But faced with fewer clients, firms suddenly feel an urgent
need to market. I use the word "urgent" carefully because the recognized need
to market does not always translate into actual marketing activity.
Marketing May Not Come Naturally, But It's Still
Necessary
In truth, most attorneys are business executives
by default; still, they need to attend to and manage functions common to all
businesses, whether they enjoy them or not. As Robert Louis Stevenson once
said, "Everybody lives by selling something." Though lawyers trade in
professional services, they are no exception.
For those attorneys whose sole focus is
practicing law and for whom practice management issues are incidental (and
perhaps even an annoyance), "stop and go" marketing appears to be a logical
approach. Legal technicians focus on legal matters; preoccupied with the law,
they are often extremely reactive to the market's demand for services. Unfortunately,
they tend to operate behind the curve and are often caught by surprise when
business slows to a trickle.
The difference between a thriving law firm and
one that teeters on the brink of extinction from year to year with occasional
spikes of good revenue may be found in how consistently they cultivate new
clients through their marketing efforts.
"Stop And Go" Marketing Creates "Stop And Go"
Revenues
There are several dire consequences to "stop and
go" marketing. Inconsistent marketing results in poor client development, which
fuels every professional and business organization. Without new clients
regularly coming through the door, there is no business.
When the effects of the sporadic marketing
efforts kick in, cash flow is good. But when client development efforts drop
off and there is little new business to replace the old, times will be lean. "Stop
and go" marketing always produces "stop and go" revenue.
Unpredictable revenue has additional negative
implications. Firms defer necessary investments in office equipment, training
and software. They stop hiring associates or additional staff members whose
presence would allow partners to properly delegate and leverage tasks.
Without Consistent Marketing, Desperation Drives
Client Flow
"Stop and go" marketing also affects the quality
of a firm's clients, which lawyers have identified as the factor second only to
income level in determining their satisfaction level. Effective client
selection is impossible if attorneys don't have a steady stream of clients from
which to choose. With no screening process in place, these attorneys often
practice "threshold law"-that is, they accept anyone who steps over the
threshold as a client even though they know that careful client selection is
the lynchpin of a successful practice. Who you choose as a client affects your
stress level, your financial situation and your growth as a firm. When revenues
are down, however, due to a lack of consistent marketing, desperation drives
the decision making process.
Marketing Affects Relationships
"Stop and go" marketing also influences
relationships. When done well, the marketing of professional legal services is
primarily about relationship building. Consistently cultivating relationships
with referral sources who come to know, like and trust their attorney is important;
it insures that these referral sources will continue to refer clients. If they
only see their attorney, colleague or friend when they need business, they risk
appearing insincere and perhaps desperate-something no one wants. Consistently
cultivating the company of referral sources avoids this impression.
Three Strategies Will Help You Avoid "Stop And
Go" Marketing
There are three ways to avoid the lure, and consequences,
of "stop and go" marketing. First, start thinking of client development as
critical to the future growth of your practice. Consider it a regularly
occurring, ongoing part of your business, just like returning client phone
calls and sending out invoices. Never stop marketing! Remember this even when your
practice is thriving because even the best marketing efforts rarely bear fruit
instantly.
Second, to generate real results, attorneys need
to be involved with a minimum of three referral sources a week, every week, for
at least 20 minutes to an hour. Face-to-face contact is best, whether it's
lunch or golf. Make the commitment and put it on your calendar in advance:otherwise, it won't happen. Marketing needs to
be built into the workweek and considered important enough not to override when
other matters come up.
Third, hire a marketing assistant even if only
part-time to help manage client development efforts. Like a paralegal, a
marketing assistant handles many of the lower-level tasks such as making
appointments, tracking contacts, making reservations, and sending out reminders
and thank-you notes. This will free you up to practice law confident that client
development efforts are occurring on an ongoing basis. Marketing assistants can
also act as accountability partners for attorneys who need an extra push to get
out from behind their desks.
Finally, to market themselves effectively,
attorneys need to adopt and adhere to a systematic approach. If they don't know
how to talk to people, what to say and how to say it, they should get
training-in a manner that is compatible with their personalities and values. A
systematic approach, backed up by proper training, makes marketing more
predictable and easier to repeat effectively.
Acknowledge that client development/marketing is
a business function that needs consistent and systematic attention and you are
absolved from the 4th deadly sin!
