Marketing and Networking: A Conceptual Framework
Spring 2007
Copyright © 2006 American Association for Justice (formerly ATLA). Reprinted with permission.
I. Introduction
As young lawyers, we frequently encounter references to the subjects of "marketing" and its equally elusive cousin "networking." We are told by our more esteemed and experienced colleagues that, in addition to our legal acumen, marketing and networking skills are essential in building a successful practice. Unfortunately, marketing and networking are amongst the many practical skills missing from the law school curriculum. Thus, we are left in that curious position of being responsible for a task about which we know little.
There are as many different approaches to marketing and networking as there are personality types. Thus, it would be foolish (and presumptuous) of me to proclaim the following as a young lawyer's "how to" guide for marketing and networking. Rather, this paper presents a conceptual framework for thinking about marketing and networking-a framework within which I hope you can work to develop your own personalized skills.
II. Developing a Marketing Plan
The cornerstone of any marketing endeavor is a marketing plan. Marketing plans come in all shapes and sizes. Some are glossy documents replete with charts and graphs, while others may be handwritten notes in a loose-leaf notebook. Nonetheless, the goal of a marketing plan is to set objectives for a business's communication with its key stakeholders.[1] In order to meet that goal, a marketing plan articulates a detailed answer to the following question: precisely how do I want my business to be perceived by the outside world?
A. The "Four Ps" of Marketing
Trying to coherently define your desired business perception can seem daunting. The task should therefore be broken down into discrete components. A time-honored approach to marketing is the "four Ps:" (1) product; (2) place; (3) price; and (4) promotion.[2]
When most of us think of marketing, we focus on only the last "P" (promotion) and reflexively think of firm brochures, advertisements, and the like. Such an approach, however, puts the proverbial cart before the horse. Contemplating marketing delivery devices like advertisements without first thinking critically about the content of those devices can lead to ineffective marketing. The four Ps must therefore be thought of sequentially-you should not plan your promotions until you have thought closely about exactly what you are promoting (i.e., product) and the environment in which you are promoting (i.e., place).
1. Product
The first step in creating a successful marketing plan is to define the product you are offering to the marketplace. At first blush, defining one's product seems simple. If you were asked what product Bill Gates sold, you would probably say "computer software." In a technical and legal sense, you would be right. For marketing purposes, however, you should think differently. Product descriptions in marketing focus less on pure objectively verifiable characteristics and more on the unique features and benefits that a product provides.[3] Thus, instead of "computer software," Bill Gates will tell you that his company sells "software [that allows people] to find creative solutions to business problems, develop breakthrough ideas, and stay connected to what's most important to them."[4]
For attorneys, developing a sharp product description can be especially challenging. To start, an attorney's "product" is the provision of legal services, and services are generally more difficult to describe than tangible objects. In addition, attorneys are "professionals," a non-descript moniker that too often leads to similarly non-descript product descriptions like "a professional services firm."
Trial lawyers should embrace the challenge of developing a sharp product description that communicates the uniqueness of one's practice. Are you a "medical malpractice lawyer," or are you "a patient advocate working on behalf of families injured by medical negligence?" Are you a "products liability attorney," or do you "defend the rights of citizens harmed by corporate irresponsibility?" Undoubtedly, these different product descriptions will elicit very different responses from prospective clients.
In the words of one professional development coach, one way to improve your product description is to think about your "elevator speech," i.e., what you would say if your ideal client happened to step onto an elevator in which you were riding and asked you, "What do you do?"[5] One effective way to answer this question is to re-frame it: imagine instead that you were asked, "What do you love most about your work?"[6] For trial lawyers, this question should inspire many passionate answers. The better your "elevator speech," the closer you are to developing a sharper, more effective product description.
2. Place
Once you have a developed a sharp product description, you should critically analyze the "place" in which you are selling your product. "Place" in a marketing sense does not refer to a physical space but rather the process by which your potential clients and your product come together.[7] Understanding the place in which you compete requires you to perform a "situational analysis,"[8] an analysis that consists of three key components.
First, you must know (and be able to articulate) your competitive set, i.e., the other lawyers or firms that comprise your competition. You should think broadly about your competition. Certainly, your competitive set will vary considerably based on your practice area. For example, if you represent injured railroad workers in F.E.L.A.[9] cases that can be filed in virtually any jurisdiction in the country, you would likely think nationally about your competition. On the other hand, if you handle no-fault automobile cases, your competitive set is more likely to be intrastate. In addition, think critically about your competition. Ask yourself: What are my competition's strengths? What are their weaknesses? What is their staying power? How predictable are my competitors?
Second, you must do an honest self-assessment. This is no time for self-aggrandizement. Marketing gurus suggest that you assess your firm or practice group using a so-called "SWOT analysis."[10] Under a SWOT analysis, you should specially identify your Strengths, Weaknesses, Opportunities, and Threats. Focus internally to identify Strengths and Weaknesses, and focus externally to identify Opportunities and Threats.
Third, you must articulate a profile of your customer, i.e., your clients and potential clients. Resist the temptation to over-generalize about your clients. Your clients are not simply "plaintiffs" or "tort victims." Client profiles vary considerably between specific areas of plaintiffs' trial work. For instance, mothers of catastrophically-injured infants are very different (and have different needs) than consumers who have been victims of employment discrimination.
By critically analyzing your competition, your business, and your customers, you will be able to precisely articulate your current position or "place" in the market.[11] You will be able to determine whether you have a unique and sustainable product offering. Once you are satisfied with your specific place in the market, you can then start building a promotional plan.
3. Price
Certain ethical limitations[12] and characteristics unique to the practice of law make pricing for legal services less transparent and thus less analogous to other industries. Nonetheless, carefully evaluating your pricing may inform your overall marketing strategy. Consider asking yourself the following questions: What do my competitors charge for similar work? Is my pricing aligned with the relative costs of my different practice areas? Is my price structure flexible enough to accommodate new types of cases?
4. Promotion
Your promotional plan outlines how your marketing budget will be spent. A carefully crafted promotional plan will ensure that you maximize your return on your investment.[13]
A promotional plan should describe the different promotional tactics you plan to use. For example, you might include television advertising, sponsorships, or public speaking engagements as part of your overall promotional plan. Next, your promotional plan should specifically identify the target audience for each promotional tactic.[14] For instance, some promotional tactics may be targeted at new clients, whereas others may be aimed at new referral sources. Lastly, your promotional plan should include the annual projected costs for all of your promotional tactics and metrics to evaluate the success of your tactics.[15]
As you develop the details of your promotional materials, remember two important considerations. First, keep your customer in mind at all times. Ask yourself: Are your promotional tactics appropriate for the audience you are intending to reach? Will your audience receive your message at a time when they are open to hearing it? Is your message tailored to the media in which it is appearing? Second, ensure that you are communicating a consistent message in all of your communications. Remember: any communication that interacts with a customer is a potential promotion, including your letterhead, website, and office décor.[16] Your clients' perception of you is built and developed from all interactions with your business.
III. Networking
Browse the business section of your local bookstore and you will find countless books on the subject of "networking." I do not wish to use this paper to regurgitate canned advice on how to "work a room," the importance of joining trade and civic associations, or other tips and tricks of the networking trade. Such suggestions too often focus narrowly on the role of one individual and neglect to consider a global view on the network as a whole. By definition, a network is an interwoven collection of individuals. Thus, through a better understanding of the people and personalities than comprise and facilitate a fully-functioning network, you can learn to utilize your own network more effectively.
In his #1 national bestseller, The Tipping Point,[17] author Malcolm Gladwell breaks down the process by which social phenomenon or "epidemics" are started and spread. For example, Gladwell analyzes how, in the 1990s, an unknown consumer product like Hush Puppy shoes exploded into a fashion craze almost overnight.[18] Such epidemics, Gladwell argues, are governed by the "Law of the Few."[19] The Law of the Few is the principle that dramatic societal change is the product of efforts by three different types of people: Connectors, Mavens, and Salesmen.[20]
Connectors are people with an extraordinary knack for making friends and acquaintances. Connectors not only know an incredible number of people, but they know people from a wide range of subcultures and niches.[21] As a result of their skills and resources, Connectors have a tremendous power to bring together disparate peoples; they are the bridges between people who would not otherwise be associated.
Unlike Connectors who stockpile social contacts, Mavens accumulate knowledge.[22] Mavens are more than passive gatherers of information. Rather, Mavens acquire knowledge in order to pass that knowledge along to other people because they enjoy providing others with useful information.[23] Mavens are the people who will voluntarily tell you about a terrific product they have recently discovered just so you too will be able to enjoy the benefits of that same product.[24]
The last group of Gladwell's key players in social epidemics is Salesmen.[25] As you might expect, Salesmen are those who persuade us when we are unconvinced of what we are hearing.[26] Salesmen are not "hard sellers" like the prototypical used car salesman. True Salesmen, rather, possess a unique psychological gift of being able to persuade people at all levels-from the overt to the subconscious.[27]
A social epidemic, under Gladwell's Law of the Few, may start and spread like this: a Maven acquires information about something/someone the Maven thinks is wonderful; the Maven tells a Connector about this wonderful something/someone; the Connector, via her vast social network, tells hundreds of people about this wonderful something/someone; in the process of spreading the word, the Connector hits upon a few dozen Salesmen; the Salesmen, in turn, use their power of persuasion to convince others this wonderful something/someone is a must-have.[28] Suddenly, that once unfamiliar something/someone is the talk of the town.
Now, imagine that you or your law firm is that special something/someone, and you can see how Gladwell's Law of the Few has tremendous application for professional networking.
For example, at any MTLA convention, you will find Connectors, Mavens and Salesmen. You will find lawyers who know other lawyers in nearly over county of the state-i.e., the Connectors. You will find lawyers who, for no other reason than their desire to help, will tell you about a great expert witness they have recently used-i.e., the Mavens. Lastly, you will find lawyers who possess a natural gift at persuading you to pick up a new book or try out a new trial technique-i.e., the Salesmen. For networking purposes, the key is to be able to pick out the Connectors, Mavens, and Salesmen from the other faces in the crowd and to get you or your firm's name into their conversational orbit.
Gladwell's Law of the Few, however, is not limited to networks of lawyers. There are, for instance, Connectors, Mavens, and Salesmen amongst your former clients. Understanding the role played by different people in your network can allow you to get more out of your interactions with those people. Getting the Connectors, Mavens, and Salesmen in your network to operate in tandem can give your networking skills a tremendous boost and help invigorate your business development.
Reprinted from AAJ's (formerly ATLA's) 2006 Annual Convention, Seattle, WA, with permission of the American Association for Justice. Copyright © American Association for Justice (formerly the Association of Trial Lawyers of America). Further reproduction of any kind is prohibited. For more information, please contact AAJ Education, 1050 31st St., N.W. Washington, D.C. 20007, (800) 622-1791 or (202) 965-3500.
[1] See Philip Kotler, According to Kotler: The World's Foremost Authority on Marketing Answers Your Questions 95 (American Management Association 2005).
[2] Kotler, supra note 1, at 8.
[3] Kotler, supra note 1, at 43-33; United States Small Business Administration, Marketing Plan Components: Marketing Objectives & Strategies, http://www.sba.gov/starting_business/marketing/ fourps.html (last visited February 17, 2006).
[4] Microsoft, Our Commitment to Our Customers, http://www.microsoft.com/mscorp/articles/business.asp (last visited February 17, 2006).
[5] Mark M. Maraia, Rainmaking Made Simple, What Every Professional Must Know 159-60, (Professional Services Publishing 2003).
[6] Id.
[7] Roman G. Hiebing Jr. & Scott W. Cooper, The Successful Marketing Plan 247 (3rd ed. 2003).
[8] Kotler, supra note 1, at 95.
[9] Federal Employers' Liability Act, 45 U.S.C. § 51, et seq.
[10] See Kotler, supra note 1, at 95; Kathy Lester, Implementing Your Firm's Strategic Plan, Marketing for Lawyers, March 2001.
[11] See Kotler, supra note 1, at 53-54.
[12] See e.g., Model Rules of Prof'l Responsibility, R. 7.1.
[13] See Jason P. Lisi, We Should Get Together More, Marketing the Law Firm, June, 2005.
[14] See Hiebing, supra note 7, at 311; Kotler, supra note 1, at 33.
[15] See Hiebing, supra note 7, at 387-96.
[16] See Clara Boza, It's All About Communication, National Law Journal, March 13, 1994 at col. 2.
[17] Malcolm Gladwell, The Tipping Point; How Little Things Make a Big Difference (Back Bay Books 2000) (2002).
[18] Id. at 3-5.
[19] Id. at 30-88.
[20] Id. at 33-34.
[21] Id. at 38-46.
[22] Id. at 59-60.
[23] Id. at 62.
[24] Id. at 62-66.
[25] Id. at 70.
[26] Id. at 69-74.
[27] Id. at 74-80.
[28] Id. at 33-80.