Why do Law Firms have a serious misunderstanding of what branding is and how to do it well?

A joke or reality?

A young lawyer, starting up his private practice, was very anxious to impress potential clients. When he saw the first visitor to his office come through the door, he immediately picked up his phone and spoke into it,” I’m sorry, but my caseload is so tremendous that I’m not going to be able to look into your problem for at least a month. I’ll have to get back to you then.” He then turned to the man who had just walked in, and said, “Now, what can I do for you?” “Nothing,” replied the man. “I’m here to hook up your phone.”

Q: What’s wrong with Lawyer jokes?

A: Lawyers don’t think they’re funny, and nobody else thinks they’re jokes.

At the risk of pissing off the very people who can test our Professional Indemnity insurance cover limits, we decided to examine the web sites of the top Australian law firms as well as look at their public relations communication in the business press. What became blatantly obvious was that there is a serious misunderstanding of what branding is and how to do it well, especially amongst the Tier 1 law firms.

Perception is Reality! And the reality is that:

The following quote is from Minister for Health and Ageing, Nicola Roxon’s incredibly passionate speech to Australian Women Lawyers’ Conference – 29th September 2006, titled – The People Vs Lawyers: The Case For An Ethical (and Influential) Profession. Ms. Roxon was an industrial lawyer and senior associate with the law firm Maurice Blackburn and a judge’s associate to High Court. She is now Australia’s Attorney-General

“…public do not have a warm and loving feeling about lawyers. To say, in political spin, you have a “PR issue” is an understatement. So who are the non-lawyers or the good lawyers these days? Reflecting back through the centuries, lawyers seem to have always been disliked – for their fees, their ability to argue their client’s case (and therefore be seen to believe in nothing) and their skill in employing technicalities to wriggle around truth or responsibility. On the other hand, if ever in trouble, everyone wants one in their corner.”

If you take a look at the web sites of the “leading” commercial law firms in Australia, you would be forgiven for thinking that the Law Institute had issued “good website guidelines” and all the major firms followed along like lemmings.

In terms of their branding – that is a defined point of difference – it is almost impossible to tell what benefits one firm offers over another.

All firms have lots of smart people, do some pro-bono work and have won awards. But what makes you tick? Who are you? How can you help me sue someone’s pants off or protect myself from same? Why would I use you instead of the other 8 glass-tower, high priced legal eagle guns for hire in town?  At least when watching Boston Legal, one knew that Crane Pool & Schmidt represent only the most weird and wonderful.

Interestingly, the personal injury “fight for the battler” type firms seem to have a better grasp on their branding (differentiation) and speak to an audience (as opposed to an enterprise) than the “corporate” firms do. Almost without exception, the commercial firms have dull messages that are all about them, and provide no compelling reason why a client should choose them over their competitors.

Why do Law Firms have a serious misunderstanding of what branding is and how to do it well?

A joke or reality?

A young lawyer, starting up his private practice, was very anxious to impress potential clients. When he saw the first visitor to his office come through the door, he immediately picked up his phone and spoke into it,” I’m sorry, but my caseload is so tremendous that I’m not going to be able to look into your problem for at least a month. I’ll have to get back to you then.” He then turned to the man who had just walked in, and said, “Now, what can I do for you?” “Nothing,” replied the man. “I’m here to hook up your phone.”

Q: What’s wrong with Lawyer jokes?

A: Lawyers don’t think they’re funny, and nobody else thinks they’re jokes.

At the risk of pissing off the very people who can test our Professional Indemnity insurance cover limits, we decided to examine the web sites of the top Australian law firms as well as look at their public relations communication in the business press. What became blatantly obvious was that there is a serious misunderstanding of what branding is and how to do it well, especially amongst the Tier 1 law firms.

Perception is Reality! And the reality is that:

The following quote is from Minister for Health and Ageing, Nicola Roxon’s incredibly passionate speech to Australian Women Lawyers’ Conference – 29th September 2006, titled – The People Vs Lawyers: The Case For An Ethical (and Influential) Profession. Ms. Roxon was an industrial lawyer and senior associate with the law firm Maurice Blackburn and a judge’s associate to High Court. She is now Australia’s Attorney-General

“…public do not have a warm and loving feeling about lawyers. To say, in political spin, you have a “PR issue” is an understatement. So who are the non-lawyers or the good lawyers these days? Reflecting back through the centuries, lawyers seem to have always been disliked – for their fees, their ability to argue their client’s case (and therefore be seen to believe in nothing) and their skill in employing technicalities to wriggle around truth or responsibility. On the other hand, if ever in trouble, everyone wants one in their corner.”

If you take a look at the web sites of the “leading” commercial law firms in Australia, you would be forgiven for thinking that the Law Institute had issued “good website guidelines” and all the major firms followed along like lemmings.

In terms of their branding – that is a defined point of difference – it is almost impossible to tell what benefits one firm offers over another.

All firms have lots of smart people, do some pro-bono work and have won awards. But what makes you tick? Who are you? How can you help me sue someone’s pants off or protect myself from same? Why would I use you instead of the other 8 glass-tower, high priced legal eagle guns for hire in town?  At least when watching Boston Legal, one knew that Crane Pool & Schmidt represent only the most weird and wonderful.

Interestingly, the personal injury “fight for the battler” type firms seem to have a better grasp on their branding (differentiation) and speak to an audience (as opposed to an enterprise) than the “corporate” firms do. Almost without exception, the commercial firms have dull messages that are all about them, and provide no compelling reason why a client should choose them over their competitors.

Brand Positioning to Win Clients

Brand Positioning to Win Clients

Why is it that some of our society’s brightest minds have no idea how to translate their “no holds barred” skills from the courtroom to the public domain of marketing communication in a battle to win more clients?

Maybe they just don’t need the extra business, maybe they don’t know how, or maybe the truth is a combination of arrogance and ignorance steeped in tradition! If you want to know the historical reasons why the legal profession is the way it is when it comes to brand positioning in marketing and advertising, then you’ll see an excellent exposé here:

http://www.law.com/jsp/llf/PubArticleLLF.jsp?id=1181207138051 by the (American) National Law Journal.

Why is it that some of our society’s brightest minds have no idea how to translate their “no holds barred” skills from the courtroom to the public domain of marketing communication in a battle to win more clients?

Maybe they just don’t need the extra business, maybe they don’t know how, or maybe the truth is a combination of arrogance and ignorance steeped in tradition! If you want to know the historical reasons why the legal profession is the way it is when it comes to marketing and advertising then you’ll see an excellent exposé here:

http://www.law.com/jsp/llf/PubArticleLLF.jsp?id=1181207138051 by the (American) National Law Journal.

Brand Positioning in the Real Estate marketplace

Brand Positioning in the Real Estate marketplace


Here’s an example from the Real Estate category for one of our clients.

Using the ‘Pepsi strategy against Coke’, we have used the principal of taking a leading competitor’s strength “Hardest working Real Estate Agent” by Hocking Stuart and developing a brand positioning statement that capitalizes on their weakness:

  • Everyone knows that it’s not about working harder but SMARTER
  • We all have the perception of Real Estate agents being ‘sharks’ who only care about their bottom line and have hence made the Bayview positioning statement all about the buyer – YOU!

The result was “Working Smarter – For You”

It is interesting to note that Hocking Stuart, the very firm that became the marketing thought leader in their field has since changed their brand positioning twice since I first wrote this and now has no slogan or positioning statement at all! Do they now think that they are all grown up and don’t need one? I wonder how this will effect them…only time will tell and unless something drastic happens only they will know! What I am confident about is that they would have been much better off by sticking to and reinforcing their original slogan “Hardest Working Real Estate Agent”. Their size in the market (number of franchises / outlets) together with their marketing budget would have ensured their prominence and top of mind awareness in the minds of their customers and prospects.

For in depth exploration of the laws and principles of Brand Positioning in the marketplace, you can’t go past Al Ries – http://www.ries.com/.