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© 2014 Fishman Marketing, Inc.
ALA Intellectual Property for Legal Professionals Standout From Your Competition: How To Nail Strategy and Differentiation
© 2014 Fishman Marketing, Inc.
Tel: 1-847/HEADLINE Web: FishmanMarketing.com Blog: FishmanMarketing.com/blog LinkedIn.com/in/rossfishman Twitter.com/rossfishman
© 2014 Fishman Marketing, Inc.
It used to be so easy.
© 2014 Fishman Marketing, Inc.
The Good Old Days
IP lawyers were the earliest advertisers – More IP publications than needed
No big-firm competition Name recognition was enough Keep name in front of referral sources Didn’t need to talk to anyone
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Today’s Reality
Few boutiques left Big firms are competitors
– Major consolidation – Referrals dried up
Every firm wants IP, litigation Advertising still important
– It’s no longer enough – Eugene needs to network
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Describe This Firm
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Is this firm . . .
Creative – Fun – Powerful – Dynamic – Smart – Nice, friendly – Leaders – ““A”” quality
Average – Typical – Dull, boring – Conservative – Cold – Lethargic – Nothing special – B- / C+ quality
© 2014 Fishman Marketing, Inc.
Rate the firm
1-10 for “Quality of litigation skills” – 1 = Terrible – 10 = High-quality
(Lawyers and marketers typically rate this an average of 3.5.)
© 2014 Fishman Marketing, Inc.
Describe This Firm
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Is this firm . . .
Creative – Fun – Powerful – Dynamic – Smart – Nice, friendly – Leaders – ““A”” quality
Average – Typical – Dull, boring – Conservative – Cold – Lethargic – Nothing special – B- / C+ quality
© 2014 Fishman Marketing, Inc.
Rate the firm
1-10 for “Quality of litigation skills” – 1 = Terrible – 10 = High-quality
(Lawyers and marketers typically rate this an average of 7.5.)
© 2014 Fishman Marketing, Inc.
Which looks more unique?
It’s the same firm, just before and after the marketing makeover.
© 2014 Fishman Marketing, Inc.
You Can’t Do Everything
Smaller firms, boutiques can’t do much. Market strategically and efficiently Stand out, don’t be boring.
– Do it great or don’t do it. – Have fun with it.
© 2014 Fishman Marketing, Inc.
More creative is cheaper
© 2014 Fishman Marketing, Inc.
“Decide Who You Are. Then Own It.”
© 2014 Fishman Marketing, Inc.
You Can’t be “Smarter than Skadden.”
But you can in a narrow niche. – Boutique expertise – Corporate Finance
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Marine Finance
© 2014 Fishman Marketing, Inc.
Rail Finance
© 2014 Fishman Marketing, Inc.
Aircraft Finance
© 2014 Fishman Marketing, Inc.
Your Goal Should be Market Leadership
© 2014 Fishman Marketing, Inc.
Not “Get our name out there.”
Where’s “there?” – How do you measure “out?”
What’s the ROI? How do you know if it worked?
Dominate a market – Own something – Industry – Sub-specialty practice
© 2014 Fishman Marketing, Inc.
What’s your plan?
What can you dominate? What makes you unique? Where are the opportunities at your firm?
– Dynamic practice leader? – Emerging market? – Niche industry?
Not “telecom” or “medical device” “Stem cells?” “Small-molecule IP law?”
© 2014 Fishman Marketing, Inc.
SEO and Social Media
Google “intellectual property law”
Google “small molecule intellectual property law”
© 2014 Fishman Marketing, Inc.
SEO and Social Media
Need a Small Molecule Blog or Microsite? Add to bio, LinkedIn, Google+ profiles Give a speech
– Turn that into 5 articles Upload them to JD Supra, National Law Review, Lexology, other distribution platforms Link to LinkedIn
– Becomes 10 blog posts, 50 tweets – Upload PPT slides to Slideshare.net – Answer some targeted Quora questions
© 2014 Fishman Marketing, Inc.
Creating the Perception of Expertise
Q: “What marketing tools do we need?” – Microsite? Blog? Twitter? SEO? – Articles? Speeches? PR? Newsletter?
A: What would the market leader’s resume look like? The profession’s top practice? – Write that resume – Subtract your resume from it – Whatever’s left, you must create
© 2014 Fishman Marketing, Inc.
Emerging market
Move fast Passion Execute
Memorable, creative
© 2014 Fishman Marketing, Inc.
Buzz Building
© 2014 Fishman Marketing, Inc.
Competition is fierce – You see ~3,000 marketing messages per day
How will you stand out? – Will they remember your marketing, or:
Your competitors'? Nike's, McDonald's, Deloitte's, etc.?
Today, you must fight for their attention – Eye-catching, impossible to miss – Simple, clear, memorable
Is it memorable?
© 2014 Fishman Marketing, Inc.
The anonymous firms falter.
…the leading firms, the ones with the best visibility, do best.
In a recessionary economy . . .
Even the best firms need to focus on their name recognition, because they're
competing against other great firms.
© 2014 Fishman Marketing, Inc.
Have you ever said. . .
"I LOVE that campaign!" – ("What company was it for, again?")
That's a very common problem – Whenever Energizer runs the "Bunny" campaign,
sales of Eveready batteries also increase.
© 2014 Fishman Marketing, Inc.
The best marketing reinforces your name
Try to associate your name with a tagline prospects can visualize: – "Nothing runs like a Deere." – "It's hard to stop a Trane." – "The Citi never sleeps." – "Get Met. It pays."
© 2014 Fishman Marketing, Inc.
More creative is cheaper
Every dollar counts. How can you tell your story better? Perception of quality, 1-10?
© 2014 Fishman Marketing, Inc.
Buzz building
© 2014 Fishman Marketing, Inc.
Lawyer trade shows, banners
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Which site looks more professional?
© 2014 Fishman Marketing, Inc.
Name–related marketing
The point is, stand out – Use what you have
Size Style/personality Geography Culture Name Ability to be different
© 2014 Fishman Marketing, Inc.
Bryant Miller Olive
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
LOW BALL. HIGH STANDARDS.
LOW BALLHIGH QUALITY
OK, yes, we freely admit it. Low Ball is a funny name. But there’s nothing funny about our high standards. We’re lean and mean. We keeps cases moving along. We don’t waste a client’s time or money. We’re practical, creative and efficient. Those are the things that are high on Low Ball’s list.
More can be found at lowball.com.
LOW BALL. HIGH STANDARDS.
LOW BALLHIGH STANDARDS
OK, yes, we admit it. Low Ball is a funny name. But there’s nothing funny about our high standards. Our trial lawyers are lean and mean. We keep cases moving. We don’t waste a client’s time or money. Our litigators are practical, creative, and efficient. Those are the things that are high on Low Ball’s list.
More can be found at lowball.com.
© 2014 Fishman Marketing, Inc.
Does Your Firm Have Something?
Workman Nyedegger Millen White Birch Stewart Westerman Hattori Wood Herron Arent Fox Davis Wright Tremaine Greenblum & Bernstein
Banner & Witcoff Pirkey Barber Miles & Stockbridge Studebaker & Brackett Ropes & Gray Harness Dickey Pepper Hamilton Schmeiser Olsen & Watts
© 2014 Fishman Marketing, Inc.
Drinker Biddle Health Care National firm targets health care industry
© 2014 Fishman Marketing, Inc.
Drinker Biddle & Reath
650 lawyers – 11 offices
Rapid growth through mergers Typical big-firm structure, siloes, etc.
– Most full-service firms
© 2014 Fishman Marketing, Inc.
Strategic plan
Create national leadership in: – Insurance – Health care
70-100 health care-related lawyers 14 health care-related practice areas
© 2014 Fishman Marketing, Inc.
Health Care Challenge
Lost HC leadership after mergers – Predictable loss in name recognition – Nearly every firm fails here
How leverage firm’s assets? – Increase HC name recognition, visibility – Create HC market leadership – Work together, develop synergy
What’s the plan? – Can it work under existing structure?
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
What’s the process?
Interview people from all areas, practices – “Tell me about your practice.” – “Tell me about the firm.” – “Give me 3 adjectives to describe the practice.” – “Who are your competitors?”
Listen for a theme, message – What did we hear at DBR?
© 2014 Fishman Marketing, Inc.
Telling Stories with Passion
© 2014 Fishman Marketing, Inc.
Case Studies Rural cancer care, enabled by Drinker Biddle lawyers.
When a large nonprofit health system wanted to provide oncology care to a small rural community, they came to us to put the deal together. No surprise, really, since Drinker Biddle has one of the nation’s largest dedicated health care practices. And the key word there is dedicated. We see ourselves aspart of the mission of providing quality health care to the public. Because we’re not just a law firm, we’re part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
© 2014 Fishman Marketing, Inc.
Case Studies Peace of mind for parents with the most vulnerable children. Prescribed by Drinker Biddle lawyers.
When a major metropolitan health system wanted to improve coverage of their pediatric and neonatal services, they turned to us. Drinker Biddle helped them develop a consolidated arrangement with a single pediatric group to cover all of the system’s hospitals, resulting in reduced financial costs, establishing accountability, and improving the care of pediatric patients. Another way Drinker Biddle is not just a law firm, but part of the health care solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Peace of mind for parents with the most vulnerable children. Prescribed by Drinker Biddle lawyers.
© 2014 Fishman Marketing, Inc.
Case Studies
© 2014 Fishman Marketing, Inc.
Lawyers must see it
Lawyers have to see it – If they see it, they want their own
We created 14 different DBR versions – Started with a few – Showed them to others – Sold them on the idea – Wanted one to use for their own practice
© 2014 Fishman Marketing, Inc.
Case Studies Less-invasive proton-therapy treatments for more cancer patients. Arranged by Drinker Biddle lawyers.
Proton-beam therapy is an advanced radiation treatment that destroys cancerous cells while sparing healthy cells just millimeters away. There are only 10 of these centers in the country and Drinker Biddle has been involved in establishing 30% of them. Making deals that help patients with prostate, breast, head, and neck cancers avoid the debilitating side e�ects of radiation. Just one more way Drinker Biddle is not just a law firm, but part of the health care solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
© 2014 Fishman Marketing, Inc.
Safer pregnancies, courtesy of Drinker Biddle lawyers.
A prominent health system was concerned that women covered
under its employee-benefit plan were not benefitting from best
practices in healthy-pregnancy care. We worked with a leading doctor
and the company’s HR sta� to come up with a plan that encouraged
proper treatment. As one of the nation’s largest dedicated health
care practices, we view ourselves as part of the mission of providing
quality health care to the public. We’re not just a law firm, we’re
part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Case Studies
© 2014 Fishman Marketing, Inc.
The Stories Peace of mind for parents with the most vulnerable children. Prescribed by Drinker Biddle lawyers.
When a major metropolitan health system wanted to improve coverage of their pediatric and neonatal services, they turned to us. Drinker Biddle helped them develop a consolidated arrangement with a single pediatric group to cover all of the system’s hospitals, resulting in reduced financial costs, establishing accountability, and improving the care of pediatric patients. Another way Drinker Biddle is not just a law firm, but part of the health care solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Hospital union contracts. Magnetized by Drinker Biddle lawyers.
When a large Midwestern hospital sought ANCC Magnet status, they called Drinker Biddle. We helped them renegotiate their nursing-union contracts to incorporate the necessary benchmarks and standards. Today, the hospital and its nurses proudly display a prestigious honor, and patients receive some of the nation’s best nursing care. As one of the largest dedicated health care practices, we view ourselves as part of the mission of providing quality health care to the public. We’re not just a law firm, we’re part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Less-invasive proton-therapy treatments for more cancer patients. Arranged by Drinker Biddle lawyers.
Proton-beam therapy is an advanced radiation treatment that destroys cancerous cells while sparing healthy cells just millimeters away. There are only 10 of these centers in the country and Drinker Biddle has been involved in establishing 30% of them. Making deals that help patients with prostate, breast, head, and neck cancers avoid the debilitating side e�ects of radiation. Just one more way Drinker Biddle is not just a law firm, but part of the health care solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Rural cancer care, enabled by Drinker Biddle lawyers.
When a large nonprofit health system wanted to provide oncology care to a small rural community, they came to us to put the deal together. No surprise, really, since Drinker Biddle has one of the nation’s largest dedicated health care practices. And the key word there is dedicated. We see ourselves aspart of the mission of providing quality health care to the public. Because we’re not just a law firm, we’re part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
Safer pregnancies, courtesy of Drinker Biddle lawyers.
A prominent health system was concerned that women covered
under its employee-benefit plan were not benefitting from best
practices in healthy-pregnancy care. We worked with a leading doctor
and the company’s HR sta� to come up with a plan that encouraged
proper treatment. As one of the nation’s largest dedicated health
care practices, we view ourselves as part of the mission of providing
quality health care to the public. We’re not just a law firm, we’re
part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
A better EMR system, connected by Drinker Biddle lawyers.
When a prestigious academic medical center needed to re-think its
electronic medical records initiative, they knew where to turn. As one
of the nation’s largest dedicated health care practices, we helped
them develop and execute a financial and legal strategy to navigate
the risks of changing systems and vendors. Now their community
has a better information system to coordinate patient care. Another
way that Drinker Biddle is not just a law firm, but part of the
health care solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
© 2014 Fishman Marketing, Inc.
Case Studies
Hospital union contracts. Magnetized by Drinker Biddle lawyers.
When a large Midwestern hospital sought ANCC Magnet status, they called Drinker Biddle. We helped them renegotiate their nursing-union contracts to incorporate the necessary benchmarks and standards. Today, the hospital and its nurses proudly display a prestigious honor, and patients receive some of the nation’s best nursing care. As one of the largest dedicated health care practices, we view ourselves as part of the mission of providing quality health care to the public. We’re not just a law firm, we’re part of the solution. Learn more at drinkerbiddlehealthcare.com.
Helping health care clients do good.
Drinker Biddle & Reath LLP | A Delaware limited liability partnership
CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY | NEW YORKPENNSYLVANIA | WASHINGTON DC | WISCONSIN
© 2014 Fishman Marketing, Inc.
Case Studies
© 2014 Fishman Marketing, Inc.
Case Studies
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.
Retreat
Rolled it out, explained it – Taught them marketing, discussed the plan – Showed each ad – Each partner told the story
Should have videotaped the poignant speeches
Started the discussion – “I didn’t know you did that.” – “I have a client who might need that.”
© 2014 Fishman Marketing, Inc.
Retreat
Goal is to work together Increase
– Internal education – Internal information flow – Communication – Cross selling – Revenue
Works for cross-office IP Group marketing
© 2014 Fishman Marketing, Inc.
Compare. . .
© 2014 Fishman Marketing, Inc.
Ross Fishman, JD CEO, Fishman Marketing, Inc. Work: +1.847.432.3546 Cell: +1.847.921.7677 [email protected] www.fishmanmarketing.com Subscribe to our blog:
fishmanmarketing.com/blog Connect with us:
Twitter: @rossfishman LinkedIn.com/in/rossfishman
© 2014 Fishman Marketing, Inc.
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