How_employment_solicitors_can_market_their_practice

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How employment solicitors
can market their practice more
effectively
By Doug McPherson, director of Size 10½ Boots
TRADITIONALLY, THE employment team has been one of the powerhouses of
a law firm’s business development. They were often the most prolific when it
came to delivering seminars and, because of the nature of their work, the team
who could apply a bit of creativity to their written communications. However,
changes to tribunal procedures (and tribunal fees), the growing influence of
HR consultants, and the increasing threat from insurance/call-centre based
operations have scalded employment solicitors and many now face the threat of
decreasing fees and a declining client base.
Yet, some firms are bucking the trend and the reason they are able to do so
arguably owes more to a more lateral definition of business development than it
does to relying on using the same old marketing methods to promote the same
old message. So, what is that more lateral definition of business development?
I would argue that rather than just continuing to consider business development
to be a sales and marketing function, for the employment law sector business
development now needs to viewed as the opportunity to develop your business
so that it better meets the needs – and market conditions – employment solicitors
now face.
While the redevelopment of a practice area may at first glance look a little
onerous, there is good news. Businesses still need employees and, as long
as that remains a case, there will be a need for employment solicitors. Your
challenge is to make sure your offering develops in the way that will make
you (and your fees) an attractive proposition for your clients so they see that,
although there are alternatives and restrictions, there is still absolute value in your
involvement in the right circumstances.
Identify what your clients want
The first step is to identify what it is your clients actually want. This is neither
a difficult nor a complicated process. All it involves is talking to them. One of
the strengths of the majority of employment teams I have worked with is that
they do their utmost to stay close to their clients, much closer than many of their
colleagues in other practice areas. They visit their clients, they talk to them, and
they make sure their clients know the door – or email inbox or phone line – is
always open when they need help.
Employment Law Practice.indd 77 23/12/2014 15:33

How employment solicitors can market their practice more effectively
78
Now is the time to take advantage of the relationships you have worked
so hard to build. Choose a handful of your highest billing or most strategically
important clients and ask to meet up for an informal catch up. At that meeting,
explain that you are looking to improve the way you serve your clients and
discuss:
„„ The ways in which they feel your service could improve;
„„ The areas in which they will need most help moving forward;
„„ The way they would like that support to be delivered if you are to help them
achieve their desired outcome; and
„„ The way to make their working lives a little easier.
Sometimes solicitors are nervous to have such an open conversation but, in my
experience, no client has ever denied themselves the opportunity to tailor any
service they pay for so that it is more efficient and more cost-effective.
From a more mercenary perspective, this more informal context also gives
you a chance to talk about both the present and the future of your clients’
businesses – a conversation that very rarely fails to deliver new matters in the
short or medium term.
When it comes to delivering the required insight, independent client service
reviews can also help. An experienced interviewer would not only be able to
find out what your clients want and how they want it, they will also be able
to coax out additional good ideas from comparisons to your clients’ other
professional service providers that could be adopted by your employment team
in order to make you even more attractive to both existing and prospective
clients. While there can again be nervousness around having someone external
interview clients, the truth is the independence factor can often pull out more
and more valuable information that the client may avoid or forget when talking
to someone they know.
Due diligence
In the background, you will also need to do a bit of due diligence. Have a look
at your figures and find out:
„„ Which types of work you do for clients most often;
„„ Which types of work pull in the highest fees;
„„ Which types of work are declining; and
„„ Which types of work take up significant chunks of time but deliver negligible
profit.
By the time you have completed the client research and due diligence steps you
will have the framework around which to develop your business. You will know

79
Employment Law Practice: An Expert Guide
what people want, what they need, and those suggestions will be supported by
empirical evidence rather than supposition.
Developing the business framework
The next step is fleshing out that framework, and progress here demands one
thing – focus. It is important to focus on:
„„ The services you are going to lead and how they will be delivered;
„„ The message you are going to use; and
„„ The sectors you believe will offer the best return.
1. Services
Broadly speaking, when it comes to your services there are two routes you
could pursue:
(i) The traditional: Identify which of your current services there is high demand
for and a high ticket value attached to. Then work out which type of
employee or business is most likely to want that service and place those
services on the front line of your marketing.
While some will feel this is a risky strategy, it does not need to be. As
with making sector choices, you are not really limiting yourself, you are only
placing your most wanted/best priced goods in the window to make sure
you more attractive to the clients you really want. All of the supplementary
services will still be on offer.
This is a classic retail strategy and one that has been proven to work in
pretty much every commercial context.
(ii) Something new: Slant the way you look at your services. Stop thinking a
client will call with a question and take the questions to the client, offering
a solution once their interest has been pricked.
One strategy we see working repeatedly is the provision of training for
managers from a legal perspective. Offer to train your clients’ managers so
they manage better (that is, so that there is less likelihood of complaints or
actions against the employer). This will also give your fee earners greater
exposure to the wider team and allow them to position themselves as the
best point of contact if there is an issue. This should most definitely be
chargeable.
Another strategy is to stay up-to-date with legislative changes in other
commercial areas and sit down with the team to discuss the implications
these changes may have on a business’s employees. Compliance with
these changes may have a direct or indirect effect on the staff and, if
that is the case, you then have an opportunity to go into that business

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and educate them as to what to expect and how to deal with it. This
strategy also provides a springboard from which to cross-sell on the back
of a warm introduction from a colleague. This should probably not be
chargeable.
2. Message
Given the fact that the employment sector is facing a number of external threats,
and employers seem to be content to consign talking to a solicitor to last resort
rather that first port of call status, more than ever the message you put out needs
to be canny, relevant, and it needs to clearly communicate the benefits of your
involvement.
Far too many firms and teams within law firms still seem to be preoccupied
with finding their USP and identifying their point of differentiation. Let me save
you some time. You are not wildly different to most of your competitors; while
the Nirvana-esque state of ‘differentiation’ seems like a necessity, you would do
better to identify and articulate your client value proposition (CVP).
Your CVP is your statement, your promise as to what clients should expect as
a result of paying you fees. It may articulate the level of service you offer, and
how responsive and accessible you are. It may demonstrate the added value
you offer over and above your legal advice – and always remember the ‘value’
part of added value is worth much, much more than the ‘added’ part. You
should be continually checking that what you are offering as valuable really is
valuable to your clients.
However your CVP is constructed, the important part is to make sure your
clients and targets know what it is. They need to understand why, in the face of
legislative and cost changes and increased competition, your advice is still the
best tool available to them.
The second part of the message is actually how you promote the advice
you offer. General ‘support’ is often seen as a bit beige; a luxury that will cost
and may or may not actually be of benefit in the long run. Meanwhile ‘reaction’
is often seen as contentious and therefore expensive, fraught, and stressful.
‘Avoidance’ however, may be worth discussion. Clients and targets may react
much more favourably to the idea of putting all of the building blocks in place
to ensure all employees are contractually sound to minimise potential problems
down the line (and therefore making the resolution of any problems that may
arise simpler, quicker, and cheaper).
3. Sectors
Despite growing massively in popularity, some people still harbour doubts about
sector-based marketing. Some see it as limiting; some see it as a fast-track to
conflict. The practical truth is it is neither.

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During the course of a properly executed sector campaign, you will come
into contact with a number of people (potential clients and potential referrers)
who, if they like what they see, will organically generate work from outside the
sector. Equally, businesses want advisers who understand their world, speak
their language, and know how to deal with the particular challenges they
face. This is repeatedly backed up in client surveys and was recently cited as a
primary growth driver in PwC’s report on the legal industry.1
Let me also dispel another myth about sectors: they do not have to be
based on SIC codes. As well as industry types, geography or job title can
define a sector and, when it comes to marketing employment law, the last two
points are important.
Traditionally, the sector route would suggest you hone in on the industries
that are most likely to require the employment law services you have chosen to
promote going forward (and these could be mass employers, businesses with
a large direct sales force, entities reliant on part-time or zero hour employees),
but alternatively you could also choose to target the particularly industry-heavy
post codes near to your offices and establish yourself as the go-to firm for that
community.
You could also choose to specialise in particular types of employees. For
example, if you felt that compromise agreements for board directors were
the best source of new business, board level directors could definitely be
considered a sector in their own right.
However, traditional marketing cannot be discounted – after all, even if you
have the strongest offering and the tightest value proposition, if no one knows
it is available outside your current client base, you will never maximise the fee
levels you deserve.
When it comes to marketing, the one core concept I hang on to (and repeat
to death) is that marketing/business development/selling all mean different
things to different people, and the only thing they really have in common is that
they are all generally unattractive as far as solicitors are concerned. Instead, you
should replace all/any of these terms with one word: visibility.
When it comes to making sure the new stronger offering you have worked
hard to build delivers in terms of new instructions and new clients, visibility
should be both your objective and your strategy. You have made choices as to
exactly what you want to promote and who you want to promote that to. Now
ask yourself one simple question: what is the easiest way to make what you
have visible to your target market?
With regards to your target market, I would split it into two groups to make
it easy: the first group is your firm’s existing (non-employment) clients; and the
second is new client acquisition.

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Getting in front of existing non-employment clients
For some reason, cross-selling is all too often forgotten. I cannot stress highly
enough that these are your softest targets. These are all people who know and
like your firm and are, in the most basic of terms, comfortable to put their hand
in their pocket and pay for your services. The only trouble is cross-selling is
neither something the majority of lawyers are comfortable with, nor something
they are particularly good at.
However, just as with the client research portion, getting an effective cross-
selling programme together is straightforward.
The first stage is again to focus. Identify the clients you want. These could be
‘strategic’ targets (the clients that align themselves best to your chosen sectors),
they could be ‘fee’ targets (the ones who spend big elsewhere in the firm and
are therefore most likely to be open to an approach from the employment team),
or they could be ‘personal’ targets (that is, clients of the people in your firm
that you get on with best and will therefore be the easiest ones to set up initial
introductory meetings with).
New client acquisition
Again the key strategy here is to create visibility; choose who you want as new
clients and work out how to become visible to those groups. Then, gradually
turn that visibility into conversations and, if you follow up and stay in touch,
eventually some of those conversations will deliver new clients.
For the sake of simplicity, I would suggest you break your targets into two
groups:
(i) Commercial targets: Whether you adopt a sector strategy or a more
regional strategy, you need to know what is going on locally, and where
the types/sizes of businesses you want as clients meet. By being more
selective and (unless you have solid links already) avoiding the obvious
options like the Chamber of Commerce, the Institute of Directors (IoD), or
BNI, chances are you will probably be the only solicitor in the room. By
extension, the more creative you are with your selection, the more likely it is
that this will be the case.
If you are going to go down this route I would like to put forward two
key tips: you are there just to chat, not to pitch; and your success will be
predicated on consistent attendance, not dipping in and out as that will
only mark you out as a work-hunter rather than a credible member of your
chosen communities.
(ii) Potential referrers: The trick with professionals is to think a little laterally.
Yes, accountants may be a good source (particularly if they are promoting
specialisms that align with your chosen sectors), but they also tend to have

83
long-term relationships with a number of law firms which may hamper
progress.
My suggestion would be to look at those who could give you access
to your target market, whether that’s well-connected local figures (local
business networking groups or trade associations) or HR managers (CIPD
and other local HR groups).
And what do you say when you get in front of these people? And how do you
stay in touch (credibly and without stalking)? Well, that’s a whole other story for
you to consider.
Reference
1. See: www.pwc.co.uk/business-services/law-firms/home.jhtml.

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