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. “ F I R S T, LE T ’ S S E LL A LL T H E L AW Y E R S ” But when the firm down the street had Strawn hired its public relations con- won national awards for creative law one, its competitors wanted one, too. sultant, Loren A. Wittner, to be the firm advertising. Boy, those were the Then came equally tedious nation’s first full-time marketing part- days. The innovation bar was so low newsletters, full of legal jargon and case ner, creating national news as the you could practically trip over it. citations. The target audience—busy playing field tilted. Wittner hired a Soon after, Howrey & Simon executives—wouldn’t touch them, but half-dozen in-house marketers, includ- launched the profession’s first image- firms kept churning them out, ordering ing me, thereby creating perhaps the advertising campaign, the brilliant overworked associates to rewrite recent first law firm marketing “department.” “Human Side of Genius” series. And memos into lengthy articles. NALFMA had around 300 miraculously, it worked, helping “Marketing strategy” back then members at this point. Wittner and I expand the firm’s reputation beyond typically meant “let’s see what everyone became co-chairs of the ABA’s national antitrust litigation. Still no pictures, else is doing, and do that, too.” Me-too Marketing Legal Services Committee. but it showed actual creativity. A high- marketing. Lawyers didn’t know how We were also the only members. quality corporate firm advertised and to market legal services but figured Membership soon doubled in size, to neither the firm nor the legal profes- that their competitors did, so they four, then doubled again, to eight. sion imploded. In fact, clients and just copied the flaccid competition. Corporate firms gingerly started to prospects noticed and approved, and Decisions and revisions were made in advertise, using text-only “we’re pleased the firm grew, prospered and diversi- large committees, in which every lawyer to announce” ads called “tombstones,” fied its practice. Other progressive had complete veto power over every designed like typewritten wedding firms took careful notice. plan, proposal and period. The lowest- invitations. At Winston & Strawn, we But progress comes in fits and common denominator prevailed, as the merged with a Washington, D.C., firm turns. Back then, I recall one of our most conservative lawyers volunteered and, following numerous tense market- branch office partners insisted on using for marketing committee duties, to ing committee meetings, we successfully Times Roman for his correspondence make sure the image and integrity of removed the words “pleased to instead of Courier, the standard font the firm wasn’t sullied and nothing was announce” from our merger announce- used by the nation’s typewriters. His tried that might actually work. ment ad—simply naming the firms and choice created a complete furor. Times Change was inevitable. using the word “merger” between Roman? But lawyers should use them—just to be a little different. Courier! Yeah, the transition to com- At the First Turn: Picking Up the Internally, it was seen as a huge risk: puters was hard on everyone. When Pace (But Still a Bumpy Ride) How would people know that you our marketing department requisi- Fittingly, change came as we entered were happy about the merger if you tioned an inexpensive color printer, we the next decade. In 1990, Winston & didn’t tell them? Nonetheless, the ad were informed that law firms don’t Legal Services Marketing Timeline 19 8 4 19 8 4 19 8 5 19 87 19 9 0 19 9 1 Van Nostrand McGuire Woods & ultimately results Holland & Hart Winston & Strawn Corporate law firm Reinhold publishes Battle’s black-and- in the 1985 forma- spices up a staid hires its public rela- advertising begins Robert W. white all-text tion of the brochure with a tions consultant, in earnest with Denney’s How to brochure gets the Legal Marketing surprising full-color Loren A. Wittner, to Howrey & Simon’s Market Legal nation’s attention in Association (then cartoon fold-out be the nation’s first groundbreaking Services. called the National map of the firm’s full-time marketing “Human Side of BusinessWeek Association of Law Rocky Mountain partner. Genius” national and The New Firm Marketing region. Color starts campaign. York Times. Administrators) in to appear in law San Diego, where firm brochures. Gray Carey’s Sally Schmidt Justine Jeffrey was elected the organizes a meet- organization’s first ing of 25 law firm president. marketing directors in San Francisco. The gathering 32 October/November 2005 Law Practice
5. The Unfortunate Era of the Truly Trite LIGHT BULBS CHESSBOARDS HANDSHAKES “sales” training (gasp) to big firms took off. Suddenly lawyers saw that it brought in business. 3 Smaller firms, with streamlined decision-making processes and greater risk-taking abilities, took larger calculated risks and won more business. 3 Firms started targeting their materials, creating tailored, well- 0“We have good ideas!” 0“We think strategically!” 0“We’re your partner!” researched new-business proposals for each new opportunity. They formed GLOBES BOXING GLOVES COLUMNS client teams and videotaped their presentation rehearsals. And the firms with the best strategy and materials started to win disproportionately high numbers of these competitive “beauty contests.” Meantime, back at Winston & Strawn, to pitch the business for Major League Baseball, we put our lawyers on 0“We did a deal in 0“We’re tough!” 0“We’re, uh, lawyers!” baseball cards and had them autograph Toronto once!” baseballs for the team owners. These became so popular that we had to reorder. The recipients started showing need color. At that time, sadly, they ment ad to actually use the lawyer’s them to their other private firm were probably right. photo was published about 1995, lawyers, proclaiming, “This is how a law That changed over the next five by Schiff Hardin & Waite. It gained firm should market!” Clearly, the clients years, fortunately, as firms began mar- attention for the headshot (even were ready to accept creative marketing keting in earnest with some new tactics: though the design tragically looked efforts long before most lawyers were 3 Others started to follow the early like an obituary). willing to offer it. adopters and logos started to have a 3 Some brochures and newsletters Five more years passed. Ads were dash of color. became more readable. Somewhat. next. Corporate Legal Times created a 3 The first new-hire announce- 3 Bill Flannery’s business offering platform targeting in-house lawyers, 19 9 2 19 9 5 19 9 6 1 9 97 2001 2005 The ABA LPM Coffield Ungaretti The ABA Law Red Street Larry Bodine Sales training, Section launches & Harris launches Practice Consulting (other- formalizes the blogging and pod- ABA Women its “Written Management wise known as Erik LawMarketing casting are among Rainmakers, Service Section publishes Heels and Rick Listserv. Even the new hot-button dedicated to Guarantee” the first edition Klau) launches managing partners marketing territo- providing market- campaign. of The Lawyer’s annual online tap into daily con- ries for lawyers. ing education and Guide to reviews of law versations among networking Marketing on firm Web sites, “a bunch of really opportunities. the Internet. grading them for smart legal market- appearance and ing directors trying functionality. to devise new ways to differenti- ate their firms in —Timeline prepared a crowded by Merrilyn Astin marketplace.” Tarlton October/November 2005 Law Practice 33
6. Your Silver Bullet and its aggressive sales staff convinced Focus, Focus, Focus t its core, marketing is simple. highly visible fish. For lawyers, that type firms to advertise with them. And firms gradually did, in greater numbers. The early ads were awful—every firm was A Identify the people most likely to hire you for the work you want to do, then develop close relationships with of narrow focus is the only silver bullet that exists. The more focused your target, the “big,” “smart,” “smart and big” or “big them to help them achieve their goals. easier it is to be successful faster. If your and smart” (cf. www.smartbiggar.com). One-shot marketing activities do not goal is to be the best divorce or family But every tiny innovation was emulated create close relationships. And undiffer- lawyer in town, forget it—that’s too broad and improved on again by yet another entiated, Jack-of-All-Trade lawyers who and generic. Too many others are com- progressive competitor. market to everyone invariably must peting for that same turf and there’s likely As the ads improved, willing firms charge low rates. But if you have—or can a number of others who have been there saw more examples down the street to develop—expertise in a particular field, go for decades. Try developing a unique to the trade associations and show them practice focusing on representing only copy or another bar to step lightly over. that you have this expertise, you’ll be men, or only women. Or perhaps you can Marketing committees still retained full swamped for business. build a specialty practice representing control over the advertising images and Direct all your marketing efforts gay couples, or the elderly, or second messages, and thus began the unfortu- toward the target group. Find an appro- marriages. Whatever it is, become the nate era of the truly trite: priately small pond, well-stocked with go-to expert for something. 3 Light bulbs (“We have good ideas!”) clients, and work hard to become a big, 3 Chessboards (“We think strategically!”) 3 Handshakes (“We’re your partner!”) 3 Boxing gloves (“We’re tough!”) Service Guarantee” and nearly doubled gave away cute stuffed termites wearing 3 Globes (“We’re global!” or “We did a the firm’s revenue. We implemented BugLaw.com T-shirts. Marketing the deal in Toronto once!”) the same message using both public Bug Lawyers? Like shooting fish in a 3 Columns (“We’re, uh, lawyers!”) relations and advertising. And our barrel or bugs in a … whatever. The 3 Running up courthouse steps brochure matched the mugs! The cam- international publicity generated both (“We’re late!”) paign generated enormous positive sizable firm revenue and demand for Many ads contained two, three or publicity in the legal and business similar industry-based campaigns. more (the trifecta) of these icons. press, and law firms saw that you could Corporate clients, having realized Translation: “Our tough lawyers have use a multifaceted marketing campaign that they had the buying power, started strategic, partner-y ideas all over to implement an actual strategy. We flexing their muscles, causing law firms the place!” won all the marketing awards that year to look for new ways to offer more Then, boom, Womble Carlyle (which might sound like I’m bragging, value. Differentiation became increas- turned a single ad with a cute bulldog but see the “low bar” comments above). ingly important. And firms started into a nationally renowned marketing I left Coffield Ungaretti & Harris to using those ideas as the foundation of mascot, and other prominent firms make a consulting career of helping their new collateral materials. Sadly, that took serious notice. other firms differentiate themselves message was rarely displayed in firms’ The gloves slowly came off. and, in 1997, through the first promi- first-generation Web sites, which typi- nent industry-based marketing pro- cally used photos of the firm’s: On the Next Leg: Different? gram, helped Alabama’s 10-lawyer 3 Office building (“We work in a Who? You? Crosslin Slaten & O’Connor become building!”) By the latter half of the ’90s, as com- The Bug Lawyers. The program fea- 3 Lobby (“We have couches!”) petition for corporate clients stiffened tured “Some lawyers don’t know their 3 Local city skyline (“We … oh, and firms needed to convey their ants from a hole in the ground” ads, never mind.”) worth, marketing’s focus became along with a BugLaw.com Web site Since then, the competition for cor- differentiation. (sadly, currently offline), complete with porate mindshare has led to firms using By that time, I’d accepted a job at crawling termites and downloadable everything from Orrick’s proprietary Coffield Ungaretti & Harris as the checklists and animated cursors of bugs viral computer games to one firm’s nation’s second marketing partner. In chewing away at the firm’s logo. Our realistic-looking hand-grenade mailers. 1995-96, we offered the first “Written pest control-industry tradeshow booth (Okay, they probably should have recon- 34 October/November 2005 Law Practice
7. “ F I R S T, LE T ’ S S E LL A LL T H E L AW Y E R S ” sidered that last one. By definition, great mountains. The sky’s become the limit just putting them to use in different marketing doesn’t cause clients to evacu- in advertising. and much, much better ways. Let’s ate their buildings.) But look at any collection of lawyer take a look. Oh, and along the way, “branding” marketing and you’ll still see plenty of became a buzzword, then a noxious globes, gavels, handshakes and columns. 3 Printed brochures. The firm fad. Although it remains a powerful Some things just don’t change. brochure has ceded agonizing practice- strategy, it’s now called differentiation But on the other hand, plenty of area details to the Web site. Today’s or positioning. things do. brochure is a shorter image piece— Today international law firms are a medium for the firm’s message. Its marketing as innovatively and aggres- Beyond Brochures: What the intriguing cover compels you to open it, sively as our corporate clients, using the Innovators Are Doing Today and the style, graphics and tightly full range of tools. Think global client Unlike passé clipart images, all the old written text demonstrate the firm’s teams, lead-generation professionals, fundamentals of marketing still work. unique differentiation. client extranets, direct mail, secund- The best of the current generation is Litigation boutique Segal ment and Internet micro-sites. And those advertisements that Segal McCambridge Singer & Mahoney Bates and O’Steen suffered for? The cor- porate counsel-targeting magazines are now so choked with vibrantly colored advertisements that desperate firms will do almost anything to get noticed. Their ads use eye-popping photos of yellow rubber duckies, wacky doggies wearing turtlenecks and cute widdle wide-eyed babies. Some implement a well-defined This juror thinks And it’s our job to help her understand the epidemio- strategy, but most seem simply to be “Myria “Myriad” was a girl logical distinctions between saying, “Look at me! Look at me!” (If I mild tricuspid valvular saw an ad next month showing a naked from her fourth- regurgitation, endothelialized founding partner named Ralph, I wouldn’t flinch. I might ralph, but I grade class. foreign matter, and bacterial wouldn’t flinch.) Lawyers surfing, kiss- endocarditis. 7 ing, climbing up or rappelling down 0Segal McCambridge Singer & Mahoney, for McCambridge example, defends insurance companies Singer & Mahoney, in complex mass tort class actions on its Web site (www.smsm.com) involving difficult issues of law, medi- and in other mater- cine, biology and science. The firm’s ials, uses humor to “We make the complex simple” mes- convey that the firm sage resonates with its sophisticated cuts through the clients, who know they must tell a com- arcane jargon of pelling story in a way that an average tort litigation so the people in the jury juror would find persuasive. The box can understand humor the firm employs to drive home the facts at issue. its message in its ads is echoed in its brochure and on its Web site, too. October/November 2005 Law Practice 35
8. 3 Newsletters. Firm newsletters are still useful ways of staying in touch with sizable numbers of clients and prospects, but lengthy stories detailing the firm’s proud internal accomplish- ments? Not so much of those anymore. The newsletters now are shorter, more timely and focused on useful tips. They’re designed and written in an easy-to-read style, with pieces like “Top Ten Tips for [Doing Something Useful],” or “Five New Ways to Avoid [Some Disaster],” or other how-tos to help readers do their jobs better, save money or stay out of trouble. They go by both snail-mail and e-mail, to ensure that readers get the product in the format they want. And they are “periodic,” with “alerts” sent to take advantage of urgent occurrences. 3 Relationship marketing. Studies show that it takes between 7 and 20 per- sonal meetings to get from first contact to new business. And that’s in addition to all the “broadcast” marketing activi- ties like advertising, articles, Web sites, speeches and the like. Think of all that audience understand more about you— matter? “This isn’t 0Childress Duffy Goldblatt ads effort and you’re forced to answer the how you’re different from other firms. important, but I make the point Big Question: Who are you targeting? The language describes the firm’s think I’ll call a that the firm serves “Well, Ross, I’m a general commercial uniqueness, not its “hands-on, value- lawyer anyway”?) as its clients’ litigator, and I have a national practice.” added, business-oriented record of Laner Muchin, David against (C’mon, does every litigator have a achievement.” Colorado’s Orten & a midsize labor and Goliath insurance companies. “national practice”?) Okay, so you’re Hindman, for example, exclusively rep- employment firm selling a general service to 270 million resents community and homeowners in Chicago, touts its incredible respon- people. And you have to see them 7 to associations, and its “Strength in siveness and vows to return every client 20 times each. Then what are you doing Association” tag line makes that point call in two hours or less. Its tag line? reading this magazine? You have net- with a clever double entendre. Chicago’s “Two hours. Period.” Those words working to do! Get out there! Shoo! Childress Duffy Goldblatt, a small firm quickly tell how the firm differs from its But seriously, for all the innovative that specializes in suing insurance com- equally skilled competitors. And the marketing tools and strategies, law panies that fail to pay insureds’ claims two-hour strategy, as a stylized clock, is remains a profession built on close, following disasters, uses “Your designed into the firm’s logo, too. trusted, personal relationships. And Insurance Against Insurance.” Effective tag lines can even extend that point is so important it’s been dif- These slogans are intriguing. to law school and lateral recruiting. ferentiated (that word again) as a side- They’re different. They’re icebreakers. Levenfeld Pearlstein, an aggressive bar. Read it on page 34—now. And they’re a heckuva lot better than transactional firm, is advertising and insipid things like “Committed to sending direct mail to targeted lateral 3 Tag lines. These short slogans are Client Service” or “When Results candidates showing them as robots, popular and, done well, help your target Matter.” (Tell me, when don’t results cogs or sheep inside their current firms 36 October/November 2005 Law Practi

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