The Two Ways to Market: Science Vs. Art (Part II)
I have a legal client and got curious. I decided to review the literature out there – free and paid-for – relating to marketing for law firms. It got me thinking (more) about how marketing breaks down into two general camps of thinking.
Why These Marketing Guides Are Garbage
The marketing guides for law firms present a shared fundamental flaw: they heavily rely on outdated, acquisition-focused strategies, leveraging interruption and broadcast marketing tactics rather than embracing a permission-based approach that aligns with contemporary consumer expectations.
Here’s a detailed analysis of this shared mistake across these guides, emphasizing the critical shortcomings that stem from marketing assumptions rooted in pre-digital, pre-Web 2.0 logic:
1. Assumption-Based, Rigid Planning over Adaptive Execution
A recurring theme in these guides is a strong emphasis on drafting a comprehensive marketing plan upfront, before any real experience or data has been gathered. While planning is essential, these guides place excessive focus on rigid strategies that assume knowledge of market dynamics, client behaviors, and potential competition without first gaining real-time insights from actual execution.
This approach backfires because marketing success hinges on iterative, data-informed decision-making, especially in an era where user preferences shift rapidly. For instance, Lawyerist’s Complete Guide underscores the need for a solid plan without stressing the importance of early, low-stakes testing or experimentation. The modern digital landscape requires learning by doing—executing small initiatives, collecting feedback, and refining strategies accordingly. In digital marketing, “putting your name out there” should be just one element within a responsive, customer-centric approach.
2. Prioritizing Traditional Competition over Niche Markets
These guides often advocate for lawyers to enter highly competitive markets or “high-value” practice areas because they yield the most demand. However, such a strategy tends to drive firms into saturated spaces dominated by established players, leading to standard outcomes. Instead of a data-driven exploration of underrepresented markets where differentiation could occur organically, these guides suggest competing directly with large firms, ultimately leading to commoditized services.
This standard approach neglects the power of authenticity and niche positioning in a post-Web 2.0, consumer-driven landscape. For instance, TOPDOG Legal Marketing’s checklist highlights entering competitive arenas, yet overlooks niche client engagement or community-building through targeted value propositions. In contrast, modern marketing success in a crowded space requires lawyers to offer unique insights or specialized services tailored to overlooked segments, a method that naturally attracts clients looking for expertise rather than generalized service.
3. Disregard for the Shift to Consumer-Driven, Value-Oriented Marketing
One of the most significant changes in marketing over the past two decades is the shift from product-centric to customer-centric strategies. The older models of marketing treat clients as mere leads rather than individuals seeking meaningful engagement and support. This client-objectifying approach fails to recognize that potential clients are now empowered with digital tools, giving them full control over how they discover and evaluate services. Instead, the guides promote a top-down “reach and convert” mindset, where attorneys broadcast their value propositions without engaging in authentic, client-centered interactions.
For example, the FindLaw Guide emphasizes “getting your name out there” but misses the opportunity to build trust through real connections with prospective clients. In a post-Web 2.0 world, people value service-oriented content that directly addresses their concerns, provided with no immediate expectation of conversion. Quality work, genuine service, and social or professional referrals are, in fact, some of the most potent tools for organic growth, yet these guides rarely address them as key strategies.
While the guides reviewed offer insight into marketing methods, they fundamentally misunderstand the realities of the modern digital landscape.
4. Ignoring the Power of Permission and Relationship-Based Marketing
Today’s digital landscape favors permission marketing, where potential clients voluntarily opt-in to receive content and engage with a firm based on trust and perceived value. This is a fundamental departure from interruption marketing, which attempts to capture attention forcibly through ads, pop-ups, and other disruptive methods. Legacy guides like “Digital Marketing for Lawyers” emphasize visibility tactics such as search engine optimization (SEO), pay-per-click (PPC) ads, and social media advertising, often using these tools to “follow” prospective clients across platforms in an acquisitive manner.
This legacy approach contrasts sharply with permission-based methods, where the goal is to earn the client’s interest through educational, valuable content. Law firms could instead offer resources that align with clients’ real needs, creating a long-lasting relationship based on mutual respect. By offering free insights, advice, or tools that genuinely help potential clients solve their problems, firms can build a brand that clients trust enough to approach voluntarily when legal needs arise.
5. Failing to Leverage Social Proof and Client-Generated Content
The guides miss a critical shift toward user-generated content (UGC) and client testimonials, both of which drive engagement by empowering potential clients to hear directly from their peers. Social proof has become central in how consumers make purchasing decisions, yet many guides either downplay or entirely omit the role of UGC. In today’s interconnected world, testimonials, case studies, and reviews are highly persuasive because they showcase real experiences rather than promotional material.
By focusing on interruptive ads, these guides miss the chance to harness positive client experiences as a core marketing asset. Encouraging clients to share their stories not only reinforces trust but also creates a referral loop that brings in more leads organically. Modern marketing is about creating advocates and community ambassadors, not one-time clients, which can’t be achieved through short-term broadcast tactics.
6. Misalignment with Contemporary Client Expectations
These guides are ultimately misaligned with contemporary expectations in several ways:
- Ignoring the Mobile Experience: Legal marketing guides focus on driving traffic to websites or getting visibility through digital ads but often neglect the need for mobile-friendly, user-oriented experiences.
- Underestimating the Demand for Transparency: Today’s clients expect transparency and are skeptical of marketing that appears purely transactional. They want to understand how firms operate, what values they stand for, and how they will be treated as clients. Guides that promote ads over educational content miss the mark on building this transparent connection.
- Overlooking Community and Networking Power: Client acquisition is far easier through shared networks and professional referrals than through ads. Referrals represent trust built through a firm’s actions and reputation, yet guides focused on acquisition ignore this vital aspect.
The Case for Permission Marketing: Why It’s More Effective
Permission marketing offers a more effective, sustainable model by focusing on building trust and delivering genuine value, thus creating a steady flow of clients who seek out the firm’s services on their terms. Permission marketing reflects the following advantages:
- Long-Term Relationship Building: By inviting potential clients to subscribe to newsletters, attend webinars, or download guides, firms foster a connection that deepens over time. Trust forms as clients repeatedly interact with valuable, relevant content.
- Greater Relevance and Personalization: Through insights collected over multiple interactions, firms can better tailor their offerings, demonstrating an understanding of client needs that broadcast marketing can’t replicate.
- Increased Conversion Rates: When clients opt-in for content, they’re already invested in what the firm has to offer, making them far more likely to convert when they need legal assistance.
In summary: While the guides reviewed offer insight into marketing methods, they fundamentally misunderstand the realities of the modern digital landscape. In focusing on acquisition over permission, they alienate potential clients rather than attracting them through trust, transparency, and value-driven content. By shifting to a customer-first, relationship-based model, law firms can build a lasting brand and a steady, loyal client base that isn’t dependent on chasing leads but instead attracts them organically.
