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Prepping for the Recovery
by Darryl Cross
April 2004

Barring any drastic corrections in the market, all of the indicators seem to point to an economy that is ready to roar in 2004. Think this makes business development easier? Nope. It gets harder, and the stakes are much higher.

Granted, this has not been the most enjoyable time for many law firms, especially those that had quickly grown due to an unending supply of corporate transactions in the late 1990's. A bidding war for associates, where firms needed bodies to get the work done, permanently escalated the salary scale and even resulted in painful layoffs starting in 2001.

However, the economy is picking back up and many corporate clients will be eager to grow. This equates to more work for law firms, but not necessarily all of them. Those firms that have invested in building market share and client loyalty during the slowdown will see the effects of the recovery sooner. Some firms though will be quickly left behind as their clients surge past them using law firms that have better prepared them for the recovery. Here are a few things that your firm can do to make sure you ride the wave:

  1. Help your clients get ready. If you are waiting for the phone to ring to signal when your clients get busy again, you may never get called. A more proactive approach would be to sit down with your clients and talk about their business plan. Do they have adequate financing to expand? Are their workforce policies in place to deal with a spike in hiring? Will they need to expand their real estate portfolio in the next 12-18 months to meet new demand? Help your clients grow, and they will ask you to help them accomplish it.
  2. Formalize your marketing action plans. When the work starts coming back in at a frenzied pace, it will be impossible to do the kind of planning you should. You need to create tangible plans that can be put in motion immediately. If your plans need focus, now is the time to do your final research and make choices. Smaller amounts of time available for marketing and a broad net approach do not mix. Do it now.
  3. Contact your referral and alumni network. They are about to get busy as well, and they have a lot of choices on who to funnel work to. For referral sources, make sure they are up to date on your firm and what you are focusing on. Also, make sure you know the same about them, so you can properly reciprocate. Your alumni should always be regularly contacted, but now may be the best time to arrange a networking reception to get everyone together again.
  4. Make hard strategic choices and stick to them. Whether you want to admit it or not, you have some ideas, plans, or even practice areas that are just plain bad. Put an end to them right now. You cannot afford to have pet projects act as an anchor by diminishing your business development resources (time, money, or attention). It is critical that you focus your resources on markets and clients that will accelerate during the recovery. If you continue to equally fund ideas that satisfy the ego of partners rather than the prosperity of your clients, the opportunity cost will be severe.
  5. Speed is absolutely essential. There is going to be a short window of time where firms can permanently be put on the short list for their client's most important projects and matters. You cannot afford to be sitting in meetings, taking months to create 300-person seminars, or incessantly planning. While these activities are important, a period of recovery after a long slowdown is not the time to do it. Finalize your plans and get out in the market with small, team based business development activities. Try holding small seminars at your client's place of business or connecting them with your other clients that could be future customers of theirs. In other words, do not build a suspension bridge over a creek. Executing with speed requires simplicity.
  6. Train your people. You are about to get new opportunities with existing and prospective clients. You may have been working for years for one of these opportunities. Do not blow it by letting untrained people "take their best shot" at it. There are a great number of highly talented attorneys who are hungry right now, and it will be a buyer's market. Expertise will be assumed, so it will be those who can communicate value and proactively satisfy client needs that get asked to handle the next big matter. Every professional that has direct client contact should have formal business development (sales) training. It is part of their professional development because, in the long run, the ultimate winner is the better served client.
  7. Track your activity. Business development tracking is supposed to be diagnostic and not punitive. It allows the firm to focus resources and create contingency plans that address time demands on attorneys. Create a standard, measure and report by operating unit (office, industry, or practice), and make adjustments where necessary. Without tracking, you are guessing, and that is known as the "lottery strategy." Don't do it with your firm's money.
  8. Put a system in place to manage your best opportunities. Once again, you are hopefully going to be very busy. In a recovery period, the opportunity cost of missing an opportunity with a client because of it "slipping through the cracks" can be measured in the millions of dollars over several years. You need sales logistics in place to make sure resources are being deployed properly, information is being shared within the firm, and opportunities are being communicated across practice group silos. Also, managing client opportunities through a formalized funnel or pipeline approach will help ensure greater success. If you do not have a formalized process to manage these opportunities, you will lose thousands, or perhaps millions, of dollars in unrealized revenue and referral sources. Do it now.
Your clients are about to get very busy, therefore, some firms are, too. However, your clients are now very wary about keeping costs in line after such a painful time for many of them. They will want business advisors as opposed to legal suppliers. They will be looking for value as well as expertise. And, they will have many choices. Those firms who can help lead them to growth will ride the wave of prosperity with them. Firms that simply hope that a rising tide lifts all boats may find themselves in the wrong harbor.

Darryl Cross is the Managing Principal of Darryl Cross Consulting and former Chief Marketing Officer for Benesch Friedlander Coplan & Aronoff, based in Cleveland Ohio. Darryl has been widely recognized for his innovations in developing a sales culture and system at Benesch. Darryl received the 2003 "Marketing Initiative of the Year Award" at this year's Marketing Partner Forum. www.more-rain.com