This Weblog addresses topics related to the legal industry--marketing, sales, management, mergers, advertising, various electronic media (Web sites, proposal centers, intranets, CDs, etc.)--anything that's in the news, or should be in the news.  I've worked in legal marketing since 1984--the very early days--and have served as an in-house marketing director (for 11 years) and consulted to some of the finest law firms and legal industry companies in America.

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Saturday, July 29, 2006
 
"Super Lawyers"

Most law firm marketers struggle (at best) and loathe at worst the annual "contests" that fall under the moniker, "Super Lawyers."  New Jersey is being applauded by law firm leaders and marketers for putting a stake in the heart of this designation.  We'll see if other state bar associations follow suit.

New Jersey lawyers may no longer advertise that they have been named in the annual ranking of "Super Lawyers" and "Best Lawyers in America," following a decision by the New Jersey Supreme Court's Committee on Attorney Advertising. The ruling finds that advertising inclusion in these ranking violates the rule of professional conduct against suggestions that one lawyer is better than another. In addition, the ruling prohibits attorneys from taking part in the selection process.

The New York Times, 7/22/06, New Jersey Law Journal, 7/25/06

While no one argues that many of the lawyers named Super Lawyers are, in fact, extraordinary, the rub comes when the sponsoring publications pander to the egos of these fine professionals by insisting they purchase advertising. 

Posted by Deborah McMurray at 10:25 AM

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Monday, June 05, 2006
 
The Consultants Jump into the Advertising World

In a June 4, 2006 online article, Advertising Age reports that the big consulting firms--Accenture, McKinsey and IBM--are advising clients on their marketing communications activities.  Corporate America and law firms alike continue to want to quantify the return on their hefty marketing and advertising investments.  They think, perhaps, that hiring the masters of analysis will help them do this.  Link to the article at:  http://adage.com/article?article_id=109690

Should AMLAW 100 firms consider bringing in these "accountability experts" to help them analyze ROI?  In Fortune 500 companies, the marketing spend is in the range of 12-25% annually.  In even the largest law firms, the annual investment is 2 to 3%.  The latter percentage is simply too small to warrant the kind of testing that a huge corporation can afford. 

Many law firms simply won't invest the huge dollars (and time) in pre-campaign research, during campaign testing and post-launch analysis to determine the effectiveness and true reach of an advertising initiative.  Consequently, they can't expect to garner more than anecdotal evidence of the campaigns success or failure. 

There are plenty of less expensive ways to collect data, however.  More on that to come.

 

Posted by Deborah McMurray at 8:38 AM

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Wednesday, May 31, 2006
 
Do Buyers of Legal Services use Law Firm Web Sites?

Today the Legal Marketing Association listserve had a query on it by an in-house marketer---wondering if there are any metrics that measure the value of a law firm Web site to a sophisticated buyer of legal services...or even if they use them.  Here was my response:

I recently observed 6 focus groups of corporate counsel (Fortune 1000 companies mostly) in New York and Chicago. The discussion centered around the use of law firm Web sites and other online information sources for buyers of legal services.

These buyers absolutely used law firm Web sites---when they knew the name of the firm. They use them for several things: 1) to validate a referral they have gotten to a particular lawyer or practice, 2) to check out opposing counsel for a piece of litigation, and 3) to review information about areas of practice they don't currently use (my sense was more reactively, than proactively--that is, a key lawyer contact in your firm mentions your top tax controversy practice after the client mentions he has an IRS issue).

And if you design your site so that it is rich and sticky, your visitors will travel horizontally through your site--learning a lot more about your lawyers and the firm.

Posted by Deborah McMurray at 5:25 PM

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Sunday, May 21, 2006
 
Taglines and Slogans

In an article called, "Coining a phrase to turn a buck," (Dallas Morning News, 5.21.06), http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-slogans_21nat.ART.State.Edition1.8c4be6f.html   staff writer Diane Jennings writes about tourism slogans.  The Web site http://www.taglineguru.com asked 100 advertising, marketing and branding professionals to rank city slogans and nicknames--official and unofficial. 

Not surprisingly, "What happens here--stays here" topped the list.  Interestingly, Las Vegas business leaders are still troubled by the slogan, believing it paints a sullied picture of their fast-growing city.  It was clearly the antithesis of the family-friendly focus they had a few years ago.

Many taglines are boring and safe, however, including Dallas's (which didn't even merit being on the list)--"Live large; think big."  New Jersey acting Governor dissed someone's suggestion, "New Jersey:  You got a problem with that?!" in favor of  "New Jersey:  Come see for yourself."   One of the Tagline Guru's favorite slogans is "Where yee-haw meets ole!" for Eagle Pass, Texas.  Other high-ranking taglines include: "Cleveland Rocks," "Always turned on" (Atlantic City) and Hershey, PA's "The sweetest place on Earth."

Why have a tagline if it doesn't put a stake in the ground?  It should fast-forward impressions about you, and create a strong mental picture of the company, law firm or community it represents.  The Tagline Guru calls slogans the "haiku of branding."  A perfect way to think about them. 

 

Posted by Deborah McMurray at 11:25 AM

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Sunday, May 21, 2006
 
Lawyers and Clients in Public Places

On Mother's Day, my husband and I were enjoying brunch at  La Goulue--a terrific bistro at 716 Madison in New York.  Like many restaurants, La Goulue servers cover each table with white paper.  My banquette mate was obviously a trial lawyer, and his companion was not his wife, daughter or mother, but his client, a Kawasaki executive.  They were talking about Kawaski litigation.

Not only was this trial lawyer speaking loudly enough for adjacent diners to overhear, he was diagramming his case strategy on the white table paper.  He produced nearly a square foot of relationships and key trial points, then signed the tab and left his notes behind. 

Most diners wouldn't pay attention, but other lawyers would--even if they had nothing to do with the case. 

Here is another example...A few years ago, two lawyers were in San Francisco representing EDS in a competitive bid for a major information technology outsourcing project.  IBM was the rival.  The two lawyers were in a cab, casually talking about EDS, when the cabbie chimed in and proceeded to tell  his passengers all he knew about IBM's deal strategy and terms.  EDS won the contract.

Lawyers, be careful in public places.  You never know who's listening.

 

Posted by Deborah McMurray at 10:49 AM

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Wednesday, May 03, 2006
 
VW's "Safe Happens" is Working

Dealers report that VW dealership traffic is up, and in a USA Today report (link below), "Volkswagen says that since the ads touting Jetta's crash safety began on April 10, requests for brochures are up 37% at call centers and 56% on the Web compared with the first 15 days of March, and Internet requests for dealer price quotes are up 58%."

http://www.usatoday.com/money/autos/2006-04-30-vw-crash-usat_x.htm

VW has set a new standard. Hard to imagine it was possible--that an advertiser could actually surprise the cynical viewing audience, causing us to stand up and take notice. 

Law firm leaders want proof that advertising works.  Well, here is proof.  Time will tell how many Jettas and other VWs dealers can move.  Law firm management and marketing committees can learn something here....don't be afraid.  Be bold.  Be first.  If you really want heads to turn, show us something that merits the kink in our necks. 

 

Posted by Deborah McMurray at 7:41 AM

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Friday, April 21, 2006
 
VW TV Ads--Does "Safe" Sell Cars?

VW is using car crashes to sell cars--and these two ads are disturbing to say the least.  Advertising is designed to get companies on the short list, to filter through the thousands of messages we get each day and land in our short and (hopefully) long-term memories.  This bold new campaign is arresting, jolting and jarring.  And creepy and frightening. 

I don't know if it will sell more Jettas, but VW has proven again that it is willing to take its advertising into uncharted territory.  And viewers will remember the campaign for a long time--assuming the naysayers don't force VW's more conservative hand. 

To view The Today Show's clip on the campaign (4.20.06), visit http://www.msnbc.msn.com/id/3032633/

 and click on "Do Volkswagen crash ads go too far?" 

Posted by Deborah McMurray at 8:51 AM

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Wednesday, April 05, 2006
 
Web "Site Hygiene" -- What does your Web site say about you?

A client forwarded to me an email he had received from Ashley Kruse CPA, a Houston CPA firm--and alerted me to a glaring error on the  Ashley Kruse Web site.  Here is the first paragraph of this CPA's bio:

Ashley Kruse is the principle of Ashley Kruse CPA PC, a financial services and accounting firm, and Republic Business Brokers Inc., a full service business brokerage and valuation firm. 

Principle?? 

According to the AMLAW 100 Web Site "Ten Foundational Best Practices" research I commissioned in 2005, only 7% of the AMLAW 100 firms ranked EXCELLENT in "site hygiene."  When firms don't pay attention to site hygiene, or the "spinach in your teeth," slips like "principle" get by.  As a visitor, this casts a question mark over the firm's diligence and attention to detail. 

These little things matter and are easy to fix. 

Pay attention and hire someone to proof every word and page on your site.  By the way, 17% of the AMLAW 100 firms ranked "poor" on site hygiene. So there is a lot of work to be done.  For more information about the AMLAW 100 Ten Foundational Best Practices White Paper, visit http://www.deborahmcmurray.com/Page.aspx?WP_ID=923

Posted by Deborah McMurray at 7:48 AM

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Thursday, March 30, 2006
 
Cookie cutter Web sites--a/k/a/ "Web-KEA"

Tom Alleman, a shareholder at Winstead whose tongue is always firmly in his cheek, wrote an Opinion piece for  the March 27, 2006 TEXAS LAWYER.  The article, called "Designing the Firm Site with Web-KEA," is predictable--and of course, that's the point.  He writes about the cookie-cutter law firm Web sites that look and read as though they were designed and launched with the same formulaic approach as IKEA would launch your living room.

Funny.  And sad.   Especially considering that, for a law firm, the Web site is typically the largest single marketing/communications expenditure in any given budget year. 

Each law firm is different, but they try so hard to sound and look the same.  Even when they want to appear different, the default is to select language from the "NOISE" list and images from the "ACCEPTABLE LAWYER ICON LIST."  The noise list is the ubiquitous range of words that never say much but that law firms use freely:  cost-effective, partnering, client-focused, global, creative and innovative, caring, efficient... And we all know the icon list:  columns, gavels, law books, shaking hands, puzzle pieces, chess pieces, globes and maps.

If you are at the cusp of a redesign of your Web site--break out of the Web-KEA mold.  Dig deeper to distinguish what you do, who you are and whom you serve.  Then communicate it well.

Be original.

(Thanks to Peter Feldman for sending this article to me.)

Posted by Deborah McMurray at 6:11 AM

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Thursday, March 16, 2006
 
Are companies really firing their outside law firms in record numbers?

In a March 16, 2006 article written by Janet L. Conley for GC SOUTH, entitled "GCs 'Can't Get No Satisfaction' From Outside Counsel", she reports on a BTI study that found that companies are exceedingly dissatisfied with their outside law firms.  She quotes Marcie Borgal, senior strategic analyst at BTI Consulting Group--"dissatisfaction is so great that 52 percent of companies changed their primary law firm in the past two years."

BTI conducted telephone interviews with 200 GCs, deputy and associate GCs at Fortune 1000 companies.  This means, according to BTI,  that 104 companies fired their primary law firms in the last couple years.

If true, that's a staggering statistic.  However, I have a different set of experiences that suggest this number is high.  I faciliate Martindale-Hubbell/Lexis Nexis sponsored Counsel to Counsel forums in the U.S. and in a handful of countries around the world, and have since 2000.  These are interactive "best practices" discussions of corporate counsel and up to 6 law firm lawyers.  For information, visit http://www.c2c.martindale.com

The Counsel to Counsel participants are candid and forthcoming.  They tell the occasional story about a bad law firm experience, but by and large, they are delighted with the guidance they are getting, and often brag about their counsel to the others at the table. 

In a recent interview I conducted with Rees Morrison, senior consultant at Hildebrandt International, about convergence, he said that his general counsel / legal department clients are quite happy with their top law firms.  In the article I wrote about this interview, Rees said:

"The loyalty of general counsel to the firms they select is quite high, because nobody wants to use new firms all the time.  Law firms don’t like to hear this, but there’s just not that much business in play.  In-house lawyers tend to stick with the preferred counsel, perhaps due to familiarity or the leverage the firms have, or simply being comfortable with the people and quality of their work.  Nearly all law departments stick with the partners they like."

Law firms can certainly be more mindful of the service they provide their most important clients.  But I don't think the Rolling Stones song about "no satisfaction" is true--at least in my experience.

(NOTE:  The interview with Rees Morrison will appear in the May 2006 issue of STRATEGIES: The Journal of Legal Marketing, published by the Legal Marketing Association, and also on my Web site at http://www.deborahmcmurray.com

Posted by Deborah McMurray at 12:38 AM

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