Marketing the Legal Mind: A Search For Leadership - 2014
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Within a span of less then a decade, more than twelve of the nation's largest law firms, those wi
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Marketing the Legal Mind - Henry Alan Dahut
Table of Contents
Note to the Reader
Acknowledgments
Dedication
PREFACE: Truth In Branding And Why It Matters
PART 1: PAID TO THINK
CHAPTER 1: The Challenge
Sharing the Pain
Business of Law
Legal Skills vs. Marketing Skills
Service
The Client’s Point of View
Thinking in Domains
Examination and Discovery
CHAPTER 2: The Client Experience
Marketing a Service
Service Is a Process, Not an End
The Zone of Contact
Positive Experiences
The Emotional Side
Knowledge Sharing
Service Based on Character
The Trust Factor
Accountability
CHAPTER 3: Becoming Client-Centric
Fulfilling Clients’ Emotional Needs
Marketing Gone Wrong
Emotional Vulnerability
Fear Is Multidimensional
Fear-Based Campaigns
Greed-Based Campaigns
Appealing to Ego: Romancing the Client
Focusing on Finding Solutions
Context Marketing™
Life Context
Becoming Client-Centric
Measuring Perceived Value
Loyal Clients/Lost Clients
Practical Concerns
Know Your Clients’ Dreams
Serving Businesses
The Big Fee Myth
PART 2: THINKING ABOUT THINKING
CHAPTER 4: Thinking Like a Lawyer
Thinking Like a Lawyer
How Many Cases?
Remembering Richard…
Left Brain/Right Brain
CHAPTER 5: The Self Inside the Lawyer
The Lawyer Personality
Thinking/Judging
Introversion/Sensing
Moving Beyond Our Interpretations
Select Your Point of View with Care
Language and Perception
PART 3: REINVENTING YOUR FIRM
CHAPTER 6: The Art of Firm Sculpting
Know Thy Firm
Developing New Questions
The Illusion of the Status Quo
Why We Need Clarity
Steps to Achieving Change
The Five Stages Toward Reinvention
1. Search for Leadership
2. Forming Your Inner Team (the Key Partners)
3. Finding Your Firm’s Vision
4. Drafting Your Firm’s Master Charter (and Creating Derivative Charters)
5. Bringing the Rest on Board (and Creating Strategic Action Plans)
CHAPTER 7: A Search for Leadership
The Partner Pole
You the Leader?
Genetics of Leadership
A Leader
The Best Leaders Are Perspective-Driven
Playing at Top Performance Levels
Knowing Your Game
Powerful Leaders Are Great Listeners
Listen to the Clients You Already Have
CHAPTER 8: Forming Your Inner Team
Going Beyond Conventional Approaches
The Size Factor
Small Firms
Midsize Firms
Large Firms
Who Will Lead the Leaders in Reshaping the Firm?
The Copycat
The Super Administrator
The Workhorse
The Rainmaker
The Best Type of Managing Partner
Beware of Toxic Partners (Toxics)
The Big Decision
CHAPTER 9: Finding Your Firm’s Vision
Where Is Your Firm Now?
Challenges?
Discovering the Big Challenges: Going to the Source
Finding More Challenges: Speaking with Your Clients
The Four-Step Inquiry
Examples of the Four-Step Inquiry
Facilitating the Four-Step Process
CHAPTER 10: Drafting Your Master Charter
The Power of Language
Your Charter
The Jefferson Test
The Defining Process
Begin with the Envisioned Charter, Then Work Backward
Bridging the Gaps with Strategic Action Plans
Putting It All Together
CHAPTER 11: Bringing the Rest on Board
A Great Master Charter Can Provide a False Sense of Security
Derivative Charters
How Change Doesn’t Happen
From Theory to Practice
Honoring the Process of Change
Making the Vision Relevant to Everyone
Starting the Change Process with Carefully Measured Steps
Success and Failure
A Funny Thing about Success…
Finding Success Is about Our Mind-Sets
Fighting Complacency
Keep the Firm Energized
Grow Leadership
Creating Leadership Teams
Teams and Technology
CHAPTER 12: Counselor-at-Law
Blind Advocacy
How to Achieve a Good Lawyer-Client Relationship
What Does It Mean for Clients to Count on Their Lawyers?
Epilogue
Afterword
References, Resources and Recommendations
What Professionals Are Saying About
Marketing the Legal Mind
A compelling and analytical roadmap to growing your law practice and a must-read for law firm leaders…
—TIMOTHY CORCORAN, MARTINDALE-HUBBELL
FORMER V.P. MARKET PLANNING
Henry Dahut’s book is wonderful and thought-provoking.
—LINDA HAZELTON, CHAIR EDUCATION COMMITTEE,
LEGAL MARKETING ASSOCIATION
This book is a must read for all lawyers. Henry Dahut really understands the art of law firm marketing.
—PERRY VISCOUNTY, LATHAM & WATKINS LLP,
PARTNER & CHAIR OF GLOBAL MARKETING COMMITTEE
This is a great book...it belongs with the classics of law firm management and service marketing...
—PM FORUM MAGAZINE, STEVE BARRETT, MARKETING STRATEGIST,
FORMER CMO OF PAUL HASTINGS
"This fascinating work combines business theory, human nature and even brain science in a compelling way.
—ARNOLD DEUTCH, M.D., UCLA CLINICAL PROFESSOR,
DEPARTMENT OF PSYCHIATRY AND NEUROLOGY
Henry’s book is a must read for any professional interested in excelling at law firm marketing…
—ALEISHA GRAVIT, CMO OF AKIN GUMP
This book guides lawyers step-by-step through the big-think and deep-think that are the essential foundations of successful legal marketing efforts.
—ANDREW ELOWITT, JD, MBA., FORMER CHAIR,
LAW PRACTICE MANAGEMENT COMMITTEE, STATE BAR OF CALIFORNIA
A must-read! This book presents compelling arguments for why legal professionalism must include business professionalism if law firms are to grow and prosper…
—HARRY RUFFALO, PROFESSOR,
UNIVERSITY OF WISCONSIN SCHOOL OF LAW,
AUTHOR OF A STUDENTS INTRODUCTION TO THE BUSINESS OF LAW
Henry Dahut brings marketing home from the lawyer’s perspective. He challenges the whole concept of traditional rainmaking. —JOSEPH ZELLMER III, ESQ.
This is a bold and unifying approach to law firm marketing. It is essential reading for anyone who is considering a leadership role at their firm. —JONATHAN MAILE, ESQ.
This book is a must-read if you’re a lawyer and should be mandatory if you’re thinking of becoming one.
—MATTHEW BEAUCHAMP, ESQ.
As a lawyer you will enjoy reading this book, but as a legal professional you will also be struck by the challenges it presents. —JOHN GILLIGAN, ESQ.
You may not agree with everything in this book, but you’ll find yourself nodding with delight all the way through.
—MONTI REYNOLDS, ESQ.
If you manage a law firm, read this book. Dahut’s insights into the evolution of firm marketing are vital for building a successful and thriving practice. —JESSE SANTANA, ESQ.
Henry Dahut has put his finger on a significant insight: We must learn to fully understand the clients’ perspective and therefore their heartfelt expectations of us.
—RITA A. KAHLENBERG, ESQ.
The challenges partners face in marketing and managing their firm are so vividly described and realistic, it’s hard not to get heartburn when reading this book.
—KENNETH DRAKE, ESQ.
This man understands the unique personal and professional challenges facing our profession. —BILL LIGHT, ESQ.
This book should be required reading in law school along with property and contracts. —MYRON MOSKOVITZ, ESQ.
This book made me feel good to be a lawyer.
—MICHAEL ANGELOFF, ESQ
MtLM-Title-Page-logo.gifA SEARCH
FOR LEADERSHIP
2014
Henry Alan Dahut
LMG Press
Marketing The Legal Mind
Revised Edition 2014
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without the written permission from the author, except for the inclusion of brief quotations in a review.
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the publisher nor the author is engaged in rendering legal advice or other professional service for which the reader may rely, and therefore, the publisher and the author hereby disclaim any warranty, expressed or implied, or resulting damages arising from any of the matters covered in this publication.
© 2004 by Henry Dahut
Revised 2014
e-book first published February 2013
e-Pub e-book first published December 2014
ISBN: 978-0-9911136-3-7
Published by LMG Press
Note to the Reader
In my research for this book, more than one hundred lawyers, mostly partners, were interviewed nationwide. Over half of them belonged to large and established law firms. The rest were from regional firms and small practices. Early in the interview process, it became abundantly clear that if we were to have frank and open discussions concerning the lawyers’ individual struggles in dealing with the many personal and professional challenges of managing and marketing their firms, we would need to ensure them total confidentiality. To this end, we promised that neither the lawyers’ identities nor those of their firms would be disclosed or otherwise identified in the book. Consequently, where necessary, most of the individuals’ names, and even their firms’ regions and cities, were changed to ensure complete and absolute anonymity.
Acknowledgments
This book would not be possible without the willingness of so many of my legal colleagues to have frank and candid discussions about their personal and professional lives. At times our interviews touched on topics that were uncomfortable to discuss. Yet nearly all of them, to their great credit, pushed on and openly discussed their struggles in dealing with the many challenges of managing and marketing their firms.
I am also grateful for many friends inside and outside the profession of law and for the many scholars who have given me important feedback and encouragement. The material has been forming in my mind for a number of years, and many people have helped me along the way. I am grateful to them all, but here I am limited to naming only a few.
In particular, I would like to thank, in alphabetical order, the following people for their support, encouragement and generosity of thought: Stephen Albright, Michael Angeloff, Alice Barrett, Donna Beech, Stuart Berkeley, Gully Burns, Richard Chernick, Danniel Deublein, Arnold Deutch, Kenneth Drake, Paul Dubrow, Tammera Easter, John Gilligan, Frederico Grosso, Rita Ann Kahlenberg, Salman Khattack, Alan Kritzer, Lew Landau, Erica Levitt, William Light, Jonathan Maile, Lloyd Mann, Michael Michaels, Eugene Miller, Myron Moskovitz, Gregory Novotny, William Osterman, Charles Parselle, Celeste Prince, Todd Rash, William Relling, Jesse Santana, Jill Shigut, Laureen Vagonovitch, Lawrence Waldinger, and Joseph Zellmer.
For the development, design and production of this book I am also grateful to: Dunn+Associates (Kathi Dunn and Ron Hobie
Hobart), Rowan Design (Christer S. Rowan), Michael Helms, Dan Poynter and Para Press, Danniel Deublein, Carolyn Wendt, Graffolio (Sue Knopf), and Barbara DeGennaro.
To Those Who Choose To Be
Healers Of Human Conflict
"You don’t have to fail
to become extinct;
you just need
to succeed less often."
CHARLES DARWIN
PREFACE:
Truth In Branding And Why It Matters
The economics of the legal market have changed considerably since the first edition of this book was published in 2004.
Over the last ten years, we have witnessed advances in law practice technology, the expanding roles of paralegals, and the outsourcing of legal work. Yet despite all of these cost-cutting and timesaving advantages, many law firms, especially the large ones, remain struggling for their very survival.
Only a decade ago, law firms were enjoying remarkable levels of growth and prosperity. Firm coffers were full and firms were spending significant sums of money on promoting themselves in order to enter new markets and acquire premium business. Some firms even began experimenting with branding.
In those days, branding was mostly viewed as just another form of advertising and promotion. In truth, firm leadership rarely understood the branding process or what the concept of branding was actually intended to accomplish. But it didn’t really matter, revenue was climbing and profitability remained strong. But what so many of these firms didn’t expect was that, in just a few years, our economy would be shaken by a deep and fierce recession, one which would shake the financial foundations of even the most profitable of firms.
For law firms, the recession that began in 2007 had, by 2010, penetrated the most sacred of realms—the proverbial benchmark of a firms standing and achievement—profits-per-partner.
For many firms, especially mega-firms, the decline in law partner profits were reaching record lows and it wasn’t long until the legal landscape was littered with failed firms both large and small.
In an attempt to deflect further losses, firms began to lay off associates and staff in record number. But the problems went much deeper. There simply were too many lawyers and not enough premium work to go around. It was a clear case of overcapacity, and it was also clear it was not going to improve anytime soon.
More than twelve of the nation’s major law firms, with more than 1,000 partners between them, had completely failed in a span of about seven years. Against this background, law schools were still churning out thousands of eager law graduates every year. Highly trained young men and women who were starved for the chance to enter a profession that once held the promise of wealth, status and stability.
As partner profits dwindled, partner infighting grew rampant. Partner would compete against partner for the same piece of business. The collegial team-driven
identity and progressive culture
that firms spent millions of dollars promoting as their firm’s unique brand and culture had vanished as quickly as it was created.
While financial times were tough, in truth many of the big firms had the resources to survive the downturn. Instead, partners with big books of business were choosing to take what they could and joined other firms—demoralizing those left behind.
To understand why this was happening, we must first remove ourselves from the specific context and internal politics of any one firm and consider the larger picture.
The failure and decline of firms was not only a crisis of economics and overcapacity, it was also a crisis of character, identity, values and leadership.
Sadly, the brand identity many of these firms pronounced as their own did not match up against the reality of who they actually were. In other words, for many firms, the brand identity they created was illusory—and illusory brands ultimately fracture in times of financial stress and instability.
The branding process, which I refer to in the book as firm sculpturing,
was all too often viewed by firm leadership as just another clever form of market positioning, a process by which the firm created a compelling identity and then leveraged that identity against its competitors. Whether or not that identity was truthful was not really a matter of great concern.
While firms were branding and promoting themselves as dedicated, client-centric, congenial, team players, collaborative, principled, honorable, honest and forward thinking—in short, as a firm driven by its cherished beliefs and core values—in truth that brand identity rarely matched-up against the real identity. And not surprisingly, everyone inside and outside the firm knew it.
In the language of marketing, you could say it was a case of brand misidentification. In the language of psychology, it resembled a form of neurosis, disassociation and, ultimately, a profound detachment from reality.
Ultimately, the branding process must also be a transformative process in search of the firms highest and most cherished values. It is, and must be, a process of reinvention at every level of the firm—especially its leadership.
The transformative process is fundamental to building a true and enduring brand. Without it, firms run the risk of communicating an identity that does not represent them, and this is the danger, especially when the firm is tested against the stress of difficult times.
How this miscommunication of identity was allowed to happen varied widely from firm to firm. But generally speaking, while firm leadership was initially supportive of