Because of the importance and prevalence of attorneys in American society, everyone has an opinion regarding them. The American Bar Association says that at any given time, 67 percent of Americans have hired an attorney for some reason, and that before they die, 92 percent of all Americans will have had some direct dealing with one. Most people, through personal experience, have already formed an opinion about attorneys and the profession. Whether the image is good or bad is not the key issue. It is the realization that clients and the public have preconceived notions of the legal profession and the attorneys who practice in it. Legal services marketing must deal with these issues.
IMAGE VERSUS REALITY
An example of the importance of image with regard to marketing was illustrated by a very large American corporation. In the early days of the desktop computer marketing explosion, Exxon Corporation, looking at the success of many companies in the business machines area, launched an office products division. How did consumers respond? Not well. The typical response was, "What does an oil company know about computers?" Exxon was a reason ably competent corporation and had, even then, the technology to manufacture and market computers and related equipment. But its image as one type of company did not parlay well into a successful image in an entirely new area. Exxon failed because it did not lay the groundwork for establishing a reputation, or image, in computers.
A possible conflict that must be resolved is the difference between the external image of an attorney's practice and the internal reality. Every attorney has an image the moment he or she goes into practice; the key questions then are "Does this image reflect reality?" and "Is this image consistent with the attorney's desired image?"
UNIFIED IMAGE
People act on what they think is real or true (perceptions) without always checking all the facts. This brings many business owners and professionals, including lawyers, to realize the significance of a unified and consistent image. If perception is everything as far as the client is concerned, the attorney had better make sure that perception is on target.
A unified, consistent image serves two major purposes: It indicates a level of thought, organization, and commitment on the part of the attorney or firm behind it. It also makes the attorney or firm more memorable. If an attorney uses a letterhead which projects a different image from that of his or her business card, which is entirely distinct from the image projected by the attorney's office, and so forth, that attorney is making a statement. The statement is that his/her practice does not deserve the attention it would take to establish consistency. There is no consistent visual quality which immediately identifies the printed message with the attorney
If the image is consistent and well thought out, it will in all likelihood be memorable. That's the desired result sought in all product advertising- that the message is remembered by the intended audience and presumably acted upon (i.e., the product is purchased). This same concept works for service providers as well. Isn't the page layout of The Wall Street Journal immediately recognizable on the newsstand or in the mailbox? The reason is its visual consistency. It doesn't change although the daily news is different every day. The same concept-consistency breeds recognition and recall- holds true for attorneys. An attorney or firm that wants to be remembered must have only one visual image projected through its stationery, business cards, physical facilities, and even personnel.
IMAGE OF THE LEGAL PROFESSION
The image of all attorneys plays an important role in the image of one attorney. If the public thinks of attorneys as litigation-oriented individuals taking a large portion of huge court settlements, this thinking, naive and narrow as it may be, affects clients’ response to all attorneys.
Clients may see an individual attorney as being typical of the industry or profession. It is up to that individual attorney to assess how the client views the profession and make a decision whether that global perception is apropos to his or her individual practice image.
An attorney may view his or her practice as sensitive to clients' needs. Yet client analysis may demonstrate that the attorney's clients tend to think of all lawyers as aloof and insensitive. This perception will impact the way clients behave and therefore the way the attorney behaves. The attorney, in order to achieve success, must demonstrate to clients that their perception is without basis. The process of changing client perceptions can take time, but must receive a concentrated effort on the part of the attorney.
FACTORS INFLUENCING IMAGE
Factors influencing image may be identified in two distinct areas: personal and non-personal.
Personal factors affecting an attorney's image are those occurring in face-to-face situations. A checklist can be developed to evaluate how each factor impacts the desired image:
- Attorney language, attitude, mannerism
- Attorney wardrobe and general personal appearance
- Staff wardrobe, demeanor, and effectiveness
- Receptionist greetings and telephone techniques
- Office atmosphere: landscaping (indoor and out), office decor (art versus pictures), magazines, office layout, lighting, neighborhood, and parking
- Community relations activities
- Association memberships
- Awards (for whom? for what?)
- Types of clients, nature of their business and attorney work for them
Non-personal factors are those not directly involving the attorney or staff, but are secondhand factors such as printed materials. These are items where personal contact may be involved but usually where the item stands alone. These can also be called promotional tools. A checklist of non-personal factors can also be developed to evaluate impact on an attorney's image:
- Comments from referral agents
- Brochures and related supporting materials
- Direct-mail pieces, which are any sort of printed material sent out of the office, including regular correspondence
- Advertising
- Publicity and any published item
