From Fantasy to Reality A Time for Awakening

FROM FANTASY TO REALITY: A TIME FOR AWAKENING By Robert J. Fisher Once upon a time, those who dispensed legal counsel and services often had successful businesses that thrived because they had a good reputation and served their clients well. Almost from the time they hung out their “shingles,” many law practices would begin to accrue work which was provided from people they knew, from referrals given by others, from people they would meet through involvement in organizations – and from word of mouth that would generate referrals.

Put another way, if they worked very hard, served their clients well and were reasonably visible in the community, their businesses would grow and prosper. To put a twist on a famous motion picture (Field of Dreams) line: “Open a practice and they will come.” From that point, the scenario went something like this: the phone would ring or the door would open and business would present itself; they would hire more people; expand their services; and grow and prosper.

Unfortunately, a cloud drifted over this beautiful scene as two very (un)funny things happened. First, increased competition as attorneys began pouring out of law schools and others moved here to Southern California. Second, the age of specialization arrived. Instead of being generalists, lawyers emphasized only one legal practice area, thus narrowing the options for obtaining business in multiple practice areas.

All of a sudden, for many, there was not a lot of “happy everaftering in Camelot.” The telephones didn’t ring as often; the receptionist was getting bored; referrals were spread thinner; outside organizations were full of other lawyers and occasionally staff would leave and take business with them.

A wise old adage says: “The only thing in life that doesn’t change is change itself.” As in the rest of life, those that adapt – succeed; those who don’t – suffer. For attorneys, opportunity arrived in the form of the Bates vs. Arizona decision in 1978 which decreed that it was not blasphemy for attorneys to join the modern world of business in terms of doing something proactively (instead of reactively) to obtain business. Obviously, though, with taste and decorum.

Lawyers soon learned that the “key” to compete in the 21st Century is an ongoing, comprehensive communications and marketing program. Once a decision has been made to plan and implement such a program, it is vital to start first with defining one’s objectives for such a program. There are three basic reasons why professionals enter into such programs: (1) first and foremost is to increase business; (2) to build the awareness, image and/or reputation of the law firm or practitioner; and (3) to disseminate important information about the firm, it’s personnel, services, accomplishments, etc.

When the objectives are defined, the next step is to put together a marketing and/or communications plan much as one would a business plan. Towards that end, decisions must be made on the following factors: target audiences (potential clients, referral sources, opinion leaders?), messages (to inform or to persuade?), timetable (any limitations?), budget (affects the scope of program) and who implements the program (an attorney, internal staff, outside consulting firm or all?).

Once these decisions have been made, it is time to determine the program strategy and plan. The most critical element here is the target audience. This will determine the strategy: if you can identify your audience, a “rifle shot” or direct approach will be used; if not, a “shotgun”-style program will be needed relying on indirect communications.

Following are some examples of common, “tried and true” actions, direct and indirect, that have proven to be effective:

“Direct” is that form of communications when the communicator makes a direct connection to the target audience, either verbally, visually or in writing. Some examples of direct marketing or communications are as follows:

• One-on-One Communication – This could take the form of a meeting, telephone call, writing a letter, etc.

• Presenting a Forum – The communicator can market capabilities by putting on an event (e.g. conference, seminar, symposium) which would attract target audience.

• Participate in Other Forums – The communicator can participate (e.g. speaker, panelist, workshop presenter) in events that will obtain exposure and demonstrate expertise.

• Speaking Engagements – Excellent way to obtain direct exposure, demonstrate expertise and build credibility.

• Nonbusiness Involvement – There are many business, civic, community, youth, cultural, educational, charity and nonprofit organizations to join which will afford direct contact with potential clients, referral sources, etc.

• Direct Mail – A letter could be sent by itself or along with enclosures such as brochures, fliers, newsletters, etc.

“Indirect” marketing or communications normally is used to get the message out in ways that will result in the target audience being exposed to it. Some common methods of this are:

• Referral Sources – This may be the single, most effective method of indirect marketing to reach referral sources to have them act as a surrogate to get the message to the intended audience.

• Internet Marketing – In addition to having a website, which many firms have, there are numerous other opportunities for exposure available on the Internet.

• Advertising – This encompasses every form known to man – from billboards to Yellow Page ads to the traditional media advertising. (Note: many in the legal profession generally disapprove of advertising but some practice areas use it.)

• Nonpaid Media Exposure – Whether targeted to general, business or trade media, this provides credibility, broad exposure, and enhances the image/reputation of the communicator. This comes in many forms: news articles, interviews, features, bylined articles, guest commentaries, etc.

• Information Materials – Whether printed or audio-visual, these are vital to establishing an image/reputation and in disseminating information. These could include: brochures, pamphlets, newsletters, slide/video presentations, etc.

The most critical aspect of a marketing and communications program is to have one. The old adages all apply here: “God helps those who help themselves;” “Seek and ye shall find;” “Nothing ventured, nothing gained” and “The early bird gets the worm.” Business is there and waiting for a suitor.

Final thought: the “Camelot” of business that attorneys once thought was their private domain is still there – the only difference is that they now have to work for it. If prosperous and successful law practice is the coveted “sword,” then the secret from extracting it from the “stone” is a proactive communications and marketing program.

# # #

The author is President of Fisher and Associates, Inc., a public relations and communications firm headquartered in Los Angeles (Woodland Hills). The firm was a pioneer of marketing and communications programs law firms in the U.S. The author can be reached by e-mail pr4biz@FisherPR.com.



From Fantasy to Reality A Time for Awakening - To learn more about this author, visit Bob Fisher's Website.

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