In the niche: marketing your firm.

The business of law is just as important to success as the practice of law. Marketing has become an essential function of the business of law. The increase in the number of lawyers and law firms has made it increasingly necessary to find effective ways to distinguish one firm from another.

The general public tends to believe that lawyers and law firms are indistinguishable and that they offer essentially the same services. Effective marketing should educate potential clients and the general public that a firm is unique in some way. And marketing is essential for nontraditional firms such as ours, whose name partners are an African American man and a white woman.

To effectively market your firm, do the following:

* Create an image for your firm;

* Select your target audience;

* Define and refine your message or theme, and be consistent in your approach;

* Select your advertising mediums;

* Be creative, and commit necessary resources; and

* Persist for the long term.

Once you recognize that effective marketing requires a well-conceived plan, your efforts are more likely to be effective.

Create your image. You must decide who you are as a lawyer or firm before you can decide who you want to attract as clients. Four years ago, we decided to redefine our legal images. We left partnerships in a large insurance defense firm to start a plaintiffs' personal injury firm from the ground up. We especially wanted to represent women and minority clients.

As we looked for office space for our new firm, we kept our image and our probable target client group in mind. First, we decided to establish our office in Kansas City's popular and centrally located Country Club Plaza area. We selected that location because it was a physical manifestation of the image we wanted to project--stylish, progressive, and yet slightly off the beaten path of downtown, near-the-courthouse law firms.

Once we selected office space, we enlisted the help of a decorator whose taste we knew and liked, and asked her to decorate the space with contemporary colors and furnishings. We chose colors and artwork designed to set us apart from traditional firms.

For example, we decided to lighten our image by hanging a black-and-white caricature of us that our old firm had given to us as a going-away present. We used a reduced version of the drawing as our fax cover sheet. Because one of us is African American and the other is white, we have woven a black-and-white color scheme into a number of our marketing tools.

Finally, we had the artist who drew our caricatures prepare one of each of our staff members, and we hung all the caricatures in our reception area. Everyone who comes into our office sees these pictures, and we frequently receive favorable comments from other lawyers, clients, and visitors about how unique and refreshing they are.

Select your target audience. It is important to define your target client group. Targeted marketing can allow you to most efficiently budget your time and resources.

We find women and minorities are a natural client group for us. Consider playing to your most receptive audience.

Define and refine your message. We cannot emphasize enough how important it is to have a well-defined message or theme before beginning your marketing efforts. Consider your image, the clients you want to attract, and what kind of lawyer you want to be.

For example, as already mentioned, we wanted to do personal injury work for women and minority clients to help people we could relate well to and help those who may be underprivileged. With these goals in mind, we began to market our firm.

Once you settle on a message or theme, stick with it and be consistent. Despite our insurance-defense, billable-hour backgrounds, since starting our current practice we have never represented an insurance company or defended a personal injury matter.

Select your advertising mediums. Today, some type of public media advertising is mandatory to market your practice. Again, the advertising needs to be directed to your target client group.

* Print advertising. We found that advertising in traditional publications such

RELATED ARTICLE: Legal toolbox: using newsletters to market your firm

Our firm uses a newsletter to reach out to clients and members of the bar on a monthly basis. From our experience, the following considerations are essential to building a marketing program by using a monthly newsletter.

Database preparation, market selection. The most difficult decisions and the most tedious work involve building a database from your mailing list. First, you must select a computer software program that allows you to reach your "universe,"or target market. Next, you must commit staff to this effort. Someone in your office must be dedicated to building and updating the database.

Deciding who will receive your newsletter is a critical choice with budget and marketing implications. Your target market may include lawyers, family and friends, current and former clients, and businesses in your community. Before you get started, however, familiarize yourself with the advertising regulations of your state bar.

Topic selection. This is essential to building good readership. Your newsletter should focus on cases and issues related to your practice, even if the information comes from sources outside your firm, such as studies from bar or medical associations. Typical newsletter contents might include case notes, law updates, information about Web sites, and lawyer profiles. Article selection should be "roundtabled" in your office so that every lawyer--partner and associate--has input.

Decide what you want to achieve--more business or more exposure--and then set out to inform, educate, and update your intended audience. A lawyer and staff member should develop a different theme for each edition and coordinate the newsletter's article topics.

Researching and writing. All copy should be prepared or at least reviewed by a lawyer. Take care not to inadvertently violate any confidentiality agreements that may be attached to ongoing cases.

Your readers should want to keep your newsletter--and keep reading it. The articles should not be self-serving, but at the same time they should advise readers of the type of results you are getting. The copy should be educational, interesting, and eye-catching.

Production. The use of powerful graphics and a consistent masthead and overall design are important. Use a graphic designer to do the layout and help select photographs and other visual aids.

In this era of desktop publishing, your newsletter endeavors will likely involve word processors, scanners, and software design programs. Unless someone in your office is knowledgeable about these, use a graphic design company for the best results.

Distribution and anchoring. Choose your distribution method--mail, fax, e-mail, or Web page. In addition to sending out a monthly "faxletter," create a quarterly anchor, or newsletter, in full color to reinforce the firm's profile. Between faxletters and newsletters, you can also include small updates and personal notes to your constituents, clients, and fellow lawyers.

Feedback. Do not expect every recipient of your newsletter to like it, be impressed by it, or want to receive it. You will likely to receive mostly positive feedback, but you may also receive some negative comments. Be prepared to handle them appropriately. Make sure readers know how to reach you, and, to whatever extent possible, try to make the newsletter interactive. This can be done by soliciting readers' responses to questionnaires, asking for feedback on particular cases, or setting up a forum allowing readers to network with each other.

Ira H. Leesfiled practices law in Miami.

This eponymous caricature hangs on the wall in the authors' law office. The image is also featured on their fax cover sheets. as the local business journal or metropolitan newspaper was not effective. Traditional, conservative businesspeople read these types of publications, and most of them already have lawyers.

We opted instead for advertising in small newspapers with limited circulation in minority communities. We also submitted a number of articles to be published in these newspapers.

The cost for this type of advertising is not prohibitive. To date, we have had limited success with this advertising campaign; however, the visibility in the publications has helped to enhance our image.

* Radio. In addition to print advertising, we considered running ads on local radio shows. We first bought air time on National Public Radio. But that also proved ineffective.

Today, we advertise on an AM-radio gospel station whose main audience is African American women between the ages of 35 and 65. We advertise the firm, which highlights our image, and we also host a biweekly radio call-in show to discuss legal issues.

The ads and the show have generated a large number of calls and cases. The added benefit is that we are performing a community service. On the call-in show, we discuss legal issues that the callers raise. We also bring in guest speakers with expertise in areas of the law we are not particularly knowledgeable about, such as Social Security, workers' compensation, landlord/ tenant issues, and traffic adjudication.

* Television. Our initial impression of television advertising was negative. In light of some of the advertisements that run on local stations, we decided that we would not advertise the firm's name directly on television.

Eventually, we were approached by several companies that advertise lawyers' services using a toll-free number. These companies enlist several local law firms to participate in their programs, but the firms are never identified in the advertisement. After carefully analyzing the various companies, we decided to advertise with one, in spite of the large cost compared with radio and print media. So far, we have been pleased with the results.

The important consideration in selecting television advertising is the target audience of the advertisements. Many are designed to attract people from lower socioeconomic backgrounds. The cases generated tend to be smaller personal injury matters. Although there is certainly nothing wrong with this type of case, make sure you have decided it is the type of case that you and your firm want to handle.

Of course, regardless of the medium used, you will want to make sure your ad is tasteful and conforms to your state bar's rules on ethical advertising.

Be creative, and commit necessary resources.

* Firm logo. While we did not have a firm logo initially, we decided to create one to make our name more recognizable. Our logo says, simply, "K & J." The typeface shows a little flair, and the colors are teal and black.

We had the logo embroidered on shirts that we had made up for the entire staff. We also put the logo on letterhead and coffee mugs. And one of us bought the other a leather jacket as a birthday gift and had the logo embossed on the back.

* Firm brochure. Every firm should have a brochure. At a minimum, the brochure should include the lawyers' names, specialties, and brief biographical sketches. We have also found it helpful to include pictures of ourselves. It is important that the brochure be of high quality because it is often the first exposure people have to the firm. We had an outside advertising agency prepare ours.

When designing the brochure, remember to keep your image and target audience in mind. For example, rather than use white or off-white and black printing, we used teal and light gray. The brochure's colors match our firm's letterhead. The photo in the brochure captures our other color theme--black and white. We give a copy of our brochure to each person who comes in for an interview. We also mail a copy with letters declining a case.

* Newsletter. We publish a quarterly newsletter. Although the time commitment is substantial, once you design the format and do the first edition, it gets easier and less time-consuming.

Our newsletter is a four-page, double-sided foldout. A local printer does the layout and handles the press run, but these tasks can be done in-house with the proper equipment and know-how. Even with an outside company doing the print work, the cost is relatively small. The cases that have resulted have more than made up for our labor, production, and postage costs.

Our newsletter includes an introduction describing who we are and what we do; important articles of general interest, such as one dispelling myths about the McDonald's coffee verdict; a section about recent accomplishments, whether a trial victory or a fair settlement; an advertisement for our radio call-in show; and an invitation to readers to contact our firm with suggestions for future articles.

We send the newsletter to everyone who has called the office. Our intake system software records and stores all callers' names and addresses. The program allows us to print the names and addresses onto labels so the newsletter can be mailed.

* Other marketing tools. Another practical and effective marketing tool is to print a batch of refrigerator magnets in the shape of a telephone with the firm's name, address, phone number, and areas of practice. We included one of these magnets with each copy of our firm's newsletter in a recent mailing.

When marketing to other lawyers, credibility is crucial. One way to gain credibility is to participate in organizations that promote your type of business. For example, we found it did not do us any good to join the local chamber of commerce which attracts defense attorneys and conservative businesspeople. Instead, we joined the state trial lawyers association and ATLA.

Speaking at seminars also enhances credibility. While it takes time and effort to prepare and make a presentation, it is almost always worth the effort.

Another effective marketing technique is to take other lawyers under your wing. We have found lawyers in small firms who have either just set up shop or who simply need help and advice. We give this freely.

For example, when we started the firm, we decided to organize our file room using special binders made of vinyl-covered cardboard that allow for more organized filing. The new files make it easier to locate and file documents, and the binders last longer than paper files. When we mention this to other lawyers, they are often curious to see how the system works and eventually visit the office to check out the file room. This gives us a wonderful opportunity to market the firm while we show off our well-organized law office.

Our annual party was also developed as a marketing tool. We invite all our referring lawyers as well as those we would like to refer cases to. To announce the party, we send out creative invitations.

Last year, we had over 100 people at the party, which was held in the courtyard behind our office building. A week later, we sent each attendee one of our coffee mugs, along with ground coffee, biscotti, and a personalized note written on the back of one of our business cards. We considered giving the mugs away as people left the party, but we decided that it was worthwhile to expend the extra effort and money to ensure that the mugs arrived at the lawyers' offices, where we hope they are now on display.

Persist for the long term. Once you have done all or some of the above, you need to "stick to it." We schedule periodic meetings to review our marketing efforts--to evaluate our success and ensure follow-through. It is important that you assign each part of the marketing plan to a specific person who will be accountable.

These suggestions provide only a general framework for creating your firm's marketing plan and goals. Careful consideration and continuous rethinking are necessary to develop and implement a successful strategy.

Nancy E. Kenner and Sylvester James Jr. are law partners at Kenner & James in Kansas City, Missouri.

For further reading

Phyllis Weiss Haserot and Mark Pruner, Sailing into cyberspace, TRIAL, Mar. 1997, at 58.

Theda C. Snyder, Planning effective marketing, TRIAL, Jan. 1993, at 49. Van O'Steen, Lawyer marketing, TRIAL, Jan. 1988, at 34.