Assume that a marketing plan is duly adopted with appropriate authority by the law firm that puts forth in writing recognition of the following axioms:
1. Most of the business of a law firm comes from current clients or referrals from current clients. (Generally, lawyers are aware of this and take good care of current clients.)
2. Law firm business development for most legal areas (notable exceptions: criminal, personal injury, bankruptcy, and divorce) is relationship marketing done through social and educational activities with potential clients. (Busy lawyers will define these activities as nonproductive.)
3. There is a base level of law firm activity that is properly and advantageously conveyed to the potential client community. (Rarely does such communication occur.)
4. Lawyers are time oriented and not result oriented. Long term planning has little appeal when matched with short term opportunities to increase billable hours. (Most lawyers will not do planning but will recognize the intellectual arguments supporting the need to plan.)
5. Lawyers do not like to do activities which are perceived by them to be “selling.” (The concept of the professional imbued in most professionals is that the client in need will come calling on the professional. Not a slice of reality, but an embedded concept.)
The marketing plan must as a base of activity endorse, implement and maintain a program which makes prospective clients aware of appropriate firm activity. Lawyers will not do this on a reliable basis, so a business development professional should insure that this program is initiated and consistently maintained. The problem in maintaining this program is getting information from the lawyers about their activities. This can be done through subordinates, but it must be done through a process that has the full support of the firm and is enforced.
The marketing program must instill a client monitoring program that is enforced by firm policy. Client monitoring should be done by a third party supervised by business development professionals at the firm. This program can bring critical issues to light long before they would otherwise be discovered. Generally lawyers will oppose this as an imposition on their treasured and protected client relationships. Here the firm must stand strong to say that these clients are firm clients and will be monitored by their firm for their satisfaction with the performance of firm lawyers. This one is tough a battle to win, but worth it for the importance of the firm concept.
Certain lawyers, not necessarily the best lawyers, will do well at client events. These lawyers should receive recognition and encouragement for this skill set. More talented or technically proficient lawyers should recognize that a talent for client relationships is a valuable skill that should be encouraged and rewarded in the compensation scheme for the firm.
Results will come from executing the marketing plan. A consistent program will keep potential clients aware of firm activity and accomplishments. Client surveys will provide important insights about the needs and wants of the largest source of the firm’s business (the clients) and where they will go for legal services in the future. Firm compensation will recognize client acquisition contributions of lawyers.
Lawyers deal with and understand the written word. Business development professionals at law firms need to draft business development proposals as a part of an overall business plan that is adopted, reviewed, and revised and supported by the firm leadership. Lawyers will volunteer to write these proposals and even the plan but will never find the time to complete the task. Do not accept these offers, but be anxious to obtain reviews of drafts. Written documentation of planning will provide authority where it is needed in disputes with individual lawyers.
A law firm in an urban environment will have trouble maintaining its client base and growing without an intelligent business development process articulated, implemented and maintained by business development professionals as a part of a written marketing plan.
