What is marketing?

Whilst this title may be a little off-putting and suggestive of an academic approach to the subject, it is a fundamental start point for the effective management of any marketing function or campaign.

Typically, when questioned, respondents see marketing as being composed of a loose collection of activities that includes hospitality events, lunches, the odd seminar or two and perhaps some advertising or entries in various guides. However, this activity based approach misses the point. The following definition is based upon the Chartered Institute of Marketing (CIM) definition but takes their definition a little further.

‘Marketing is the management process responsible for identifying, anticipating, meeting and ideally exceeding customer requirements whilst making a profit.’

In this definition, marketing is seen as being a management process. Initially, this definition appears to be far too general to be of practical use. That however, is the whole point! Issues as diverse and seemingly unimportant as telephone reception, document presentation, general attitudes to clients, through to issues to do with ‘value’ and ‘cultural values’ collectively influence the customer/client experience. As such, effective marketing management must focus on the customer experience from initial contact through to on-going relationships and not just be diverted into issue-specific marketing initiatives.

In the world of consumer marketing, the management process issues are arguably easier to control than in the professional services sector. For example, with manufacturers of canned goods, the majority of the workforce will never have a direct relationship with the end customer. In a professional service environment, the majority of the employees, or members, can have a direct influence on the perception of the organisation. The brand values of a consumer goods organisation are typically influenced by detailed campaigns of advertising and promotion. In professional services these ‘brand values’ are largely determined by client experience and overall perceptions of capability, attitude, culture and value.
It is perhaps not surprising therefore, that organisations that are typically seen as being ‘good at marketing’ are those that have people in general management positions who appreciate the all-encompassing nature of marketing and ensure a strong set of procedures and responsibilities are put in place in order to ensure consistency of delivery.

The start point and the end point – clients

Across most sectors of business there are numerous pronouncements and slogans about being ‘customer/client focused’. Sadly, much of this is posturing and is not supported by action. This represents an opportunity for those willing to take positive and sustained action when it comes to a truly strategic focus on client care.

The ability of a set to attract new and ongoing instructions is directly associated with client perception and awareness of capability. Awareness issues are covered later in this article. The focus at this stage is on client perception.

A structured approach to gathering client perception information should be adopted. Sending out badly thought out sheets of paper with various happy faces graduated through to snarling is clearly inappropriate! Perception information can be gathered in various ways, but an approach that is recommended is one that involves a personal and independent semi-structured interview with known sources of instruction. This approach typically involves the capture of feedback not only on perceptions of capability and performance but also on the importance of various components of service.

For larger clients, it is possible that multiple interviews may be required. For example the theoretical set ‘7 long walk’ may have 8 points of instruction at one firm all of which would have differing views and all of which should be interviewed.

The output of this survey work is typically a report for internal circulation and ideally for use as a feedback mechanism to those clients who have been kind enough to take part. This reporting should not only include information on findings but also on proposed actions in response to the findings.

For strategically significant clients, (i.e. ones whose loss would be strategically damaging to the organisation or who have significant growth potential) it is appropriate to develop a client-specific action plan. This approach helps develop an ‘emotional tie in’ with the client. This can be beneficial in an environment where client loyalty can no longer be taken for granted. Indeed this whole exercise can help guard against one of the biggest reasons for client ‘switching’: ‘a perception of indifference’ to the needs of the client or being seen to be ‘taking them for granted’.

No one can instruct you if people don’t know who you are and what you do!

This is an obvious statement, but again it is an area where a set needs to adopt a structured approach. The good news is that there are many tools and techniques that professional marketing personnel can apply on your behalf. The following quick tips may help:

• Literature, brochures and newsletters. These need to encourage the reader to read them. Ensure they look great. This is a competitive market and output needs to stand out from the pack! Too often design is flat and as a result readers are put off. An analogy with flowers seeking pollination is a rather clumsy but memorable analogy when considering marketing communications! Ensure the content is easy to read and useful to the reader.

• Web sites. They have to be well designed, look good and the content needs to be easily accessible. Make sure the site is updated regularly and, crucially, ensure search engines can find it and that ‘key words’ and phrases are well thought through.

• PR. Gaining coverage in various media can dramatically raise the profile of a barrister or a set. News releases, professionally written, sent into editors who want the news can result in good coverage. Editors are also often keen to hear from specialists who can comment on editorial features. As a guide, output needs to be driven by ‘editor’ pull rather than ‘organisational’ push.

• Seminars and events. If people are not showing up – don’t blame them – they probably didn’t want to come! Make sure there is a need and that the presentation skills of those presenting are good. As an alternative maybe try using on-line broadcasts or detailed hard copy briefings that are genuinely good sources of information.

• Adverts. No more dull looking listings or ‘welcome to chambers’ adverts please!

Managing marketing

Marketing is a management function and there are professional skills that can be acquired or bought in. In the background there should be a structured Marketing Plan that is time bound and includes a budget and responsibilities. This plan should detail the marketing objectives for the year, detail how these objectives will be achieved and provide some form of evaluation.

A Marketing Plan is an excellent management tool. Once drafted it can initially be circulated for wider comment and once adjusted it is then a matter of implementing it and ensuring regular progress reviews.

There are various models for implementation but it is likely that most sets would benefit from some external guidance on marketing planning, design, web and PR. Thereafter the plan could be implemented by an available management resource with marketing skills (typically Chartered Institute of Marketing qualified), or through external outsourced professional support. Committees are not recommended as a means of implementation since they sit infrequently, responsibilities are often vague and rarely is the skill level required contained within the committee. They are however a good mechanism for approving the resources required to market chambers and to review progress on behalf of members.

Author details

Stephen Bedford is MD of the law and professional services sector marketing consultancy firm Conical. He is also a fellow of the Chartered Institute of Marketing. He can be contacted by e-mail or phone. T 01727 844000 e-mail sjb@conical.co.uk