April 09, 2008

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Selling Uncertainty Hiring a law firm isn't much different than hiring an ad agency or a marketing firm except for the fact that most clients think they can do advertising and marketing as well as their vendors. Yet lawyers not only leverage their positioning as licensed specialists they invoke the language and the customs of their guild to enhance the pitch process. Both sets of professionals are retained to address uncertainties in business, usually high stakes uncertainties with many variables where some combination of skill, insight, experience and luck determine the outcome or the consequences which can be dire. Both trade on knowledge clients don't perceive themselves to have to affect future events and both offer fresh fruit and cookies in the early engagement meetings. Having witnessed several law firms in pitch mode this week, here are the lessons they offer marketers. 1. Establish Credentials Upfront. Send preliminary materials and brochures ahead. Emphasize the practice areas most relevant to the prospective client. Be understated not over-the-top about who you are and what you can do since they are in the room because they believed the credentials you sent earlier. Don't belabor the point. Don't parade every partner or department head. Don't talk about yourself because they only care what you can do for them. 2. Connect the Dots Early and Often. Link your expertise with the prospects problem in the first 2 minutes. "You're being indicted; we're the best criminal defense guys in town." Cut to the chase early and often and zero in on the prospect's anxiety. "We got Exxon out of the same mess because we've got specialists in that area of the law and because we lobbied the regulators." Or remind them that you've done exactly what they need done zillions of times. "We were in front of the FCC just last week. We filed a motion identical to yours. In fact our partner Sally went to law school with the Chairman and our associate Bob is sleeping with him." 3. Punctuate Forecasts with Bold Statements. Outline the dependencies and contingencies that could impact events. But rather than say "if this happens" or "on one hand" which makes you appear to be unsure punctuate the prophecy with bold statements on several issues (the more insignificant the better) that eliminate the perception that things are uncertain or risky. As you lay out all the likely and unlikely things that could or might happen pause dramatically and say "but no court will issue a declaratory judgment on this issue!" By signaling firm beliefs you take the edge off the murky, hazy and nasty view emerging from the crystal ball and reinforce your standing as an organization that can weather a storm. 4. Give them the Odds. Clients buy outcomes and want success. The perception of do-ability directly influences their perception of value and often determines who gets the deal. Nobody wants to hear that whatever they want can't be done. So even in situations where things look bleak, offer hope by citing odds. Say things like " based on what we know now and on our experience in dealing with these matters, there's a 60 percent chance we can get this done in 6 to 9 months, assuming the Treasury Department doesn't do X." Or try "there's only a 1% chance you'll be led way in handcuffs." And even though prospects know to immediately discount the quoted odds by as much as half, they take great comfort in your willingness to risk a forecast. And if you can, for good measure, throw in some guild argot or a Latin word or phrase to reinforce your expertise and general willingness to stare down the abyss. Instead of saying " there's a tiny chance" boldly assert "the risk is diminimus!" 5. Ballpark the Numbers. Tell them flat out, with as many caveats as you like, how long it will take and how much it will cost. Everybody is a price buyer on some level and prospects hate the conceit that you have to carefully scope this all out or that you are wishy-washy about money. They know that long before the meeting, you've figured out, at least provisionally, who is going to do the work, what it will entail and roughly how much you need to charge to make your margin. They also know you have several different ways of calculating costs and several pricing models. So tell them right then and there. You can always hem, haw, stammer, back track, discount and...

Danny Flamberg

I am a veteran marketing consultant working with leading and emerging brands

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