Three Marketing Lessons I Learned as a Party to Litigation

Need a lawyer? Yes. Want a lawyer? Nope.

Over the past 18 months my family and I were involved in a legal matter that we initiated. That surprised me. After almost 15 years working with litigators and trial lawyers, my motto pretty much is "Don't sue anyone." I've seen the sausage-making. I understand what happens when "zealous advocates" "enter the arena." Life gets messy, for everyone.

While it has been my job for a long time to help sell legal services, I didn't think I was buying. In fact, I didn't particularly want what I was buying. Which brings me to . . .

Lesson 1: Buyers often don't want what we're selling—even as they are buying it. Lawyers and legal marketers know this happens. But if you haven't hired a lawyer, let me tell you how it feels: Slightly better than hiring a plumber to replace your sewer line. You know it needs to be done, you know you'll glad afterward, but all the way through you'd rather it weren't necessary.

Why does this matter to lawyers and marketers? Because the bar to satisfy your clients is that much higher. Often, buying legal services is not like buying, say, a new car. Sure, buying a car is a hassle, very expensive, and can be complex. Afterward, however, you get to drive off in your new car, and that feels good.

Yet in many legal actions, especially involving litigation, licensing and regulatory matters, employment, investigations, and so on, a positive outcome may simply be to get back to business as usual. No shiny new toy. No new car smell.

Lesson 2: Referrals beat all. Even for business, hiring a lawyer is personal. In my family's case, a lawyer I trust referred a lawyer he respected. I scheduled a phone call, and that was all it took. I didn't know anything about the firm. News flash: the firm didn't matter.

Also, I didn't shop around. I prioritized trust and efficiency. The referral was a shortcut to both. By the time we got on the phone, the decision was all but made. All the lawyer had to do on our call was not blow it.

As a legal marketer, I know the value of a good referral. As a legal services purchaser, I have a whole new appreciation for the practice of referral marketing. It is an art, and lawyers and marketers alike are well served when they cultivate referral networks intentionally.

A little honey: By the way, the lawyer who made the referral? The two have been opposing counsel. More proof that you can go far with respect, collegiality, and professionalism, no matter what side of the courtroom or negotiating table you sit on.

Lesson 3: How lawyers listen is as important as what they say. In fact, it may be more important. Because our lawyer listened deeply and fully, he usually answered our questions completely, leaving us wanting for little. Because we wanted for little, we ended our calls feeling satisfied and well represented. And because we felt heard and understood, we never doubted an answer our lawyer gave or suggestion he made.

Our lawyer was to be paid on contingency, which could create incentive to hurry us off the phone. We know he had much larger, much scarier cases than ours to deal with every day. Yet we never rushed, never felt small.

I've witnessed deep listening before and admired its power. Here, deep listening assumed a whole new significance, because the issues involved were so personal. When our matter resolved and our lawyer asked for a review, we were more than happy to give it. There's a little more referral marketing for you.

While I still say "Don't sue anyone," lawyers and marketers can take away three very practical lessons.

1. Clients don't usually want what we're selling, but they might need it. The onus is on us to make them feel as good as we can through the service we give.

   
   

2. Referrals matter immensely. Sure, consumers want your website and bio to affirm what they've heard, but marketing won't dazzle consumers. Referrals will. (News flash: Cultivating referrals is marketing.)

   
   

3. Listening is more valuable than talking. It is far less important to have the right talking points than to simply answer the questions—and listen for what wasn't said, so you can ask the right follow-up questions yourself and elicit what the client may really need to say in order to be heard.