Welcome to our newsletter for December - January 2005.

This issue focuses on new research on brand perceptions amongst Managing Partners & CEOs of Top 20 Australian law firms.

Please forward this newsletter on to colleagues and friends who may also find it of interest.

As always, we want to ensure your continued interest in receiving our newsletter - so if you wish to unsubscribe, please email us at:
info@davismarketing.com.au.

Dianne Davis
Principal and Managing Director

www.davismarketing.com.au

26

IN THIS EDITION

Item 1 :
Brand Perceptions Study – Law Firm CEOs & Managing Partners

Item 2 :
In the News

ITEM 1: Brand Perceptions Study – Law Firm CEOs & Managing Partners

Overview

Over the past decade, Australian law firms have invested significantly in building and positioning their brands. Industry estimates range between 2-4% of firm revenue spent on branding.

But little, if any, formal research has been conducted on internal perceptions of how firms view branding, or their approach to managing and measuring their brand investment (especially amongst senior decision-maker segments such as Managing Partners/CEOs).

Accordingly, during July-September 2004, Davis & Associates and Galt Advisory conducted qualitative research involving 13 firms - representing more than 50% of Australia’s top 20 law firms (in terms of size & revenue). In all instances, in-depth interviews were conducted at the Managing Partner or CEO level.

The research task was to gain an understanding of the following key issues: the perceived importance of brand to a firm – more specifically, the perceived benefits of a differentiated brand; the measures / metrics used to evaluate the effectiveness of brand strategies; the areas / groups within a firm responsible for implementing brand strategy and setting the brand’s overall strategic direction; and the degree to which brand was integrated with key strategic and operational processes.

Key findings from the study (Brand Perceptions 2004 – Law Firm CEO & Managing Partner Perceptions of their Brand Environment) are summarised below:

Key Findings

Importance of Brand and Brand Differentiation:
Almost all respondents believe that brand is a major contributor to a firm’s overall market positioning, is a strong unifying force internally and helps attract quality people. As one research participant noted:

“A brand sends the message about who you are and how you are perceived by the market and clients. Internally, it sets the agenda and creates a common purpose behind strategy and it assists with recruitment”.

In terms of brand differentiation, research participants identified four key benefits:

  • Style & reputation (i.e. clearly defined “personality” and the feel-good
    effect it creates for employees and clients)
  • Superior business development & client relationship opportunities
  • Enhanced ability to attract and retain people
  • A clearer positioning platform based on tangible attributes.

The issue of brand differentiation goes to the very heart of law firm market positioning and reputation, and raises this fundamental question:

Is it the individual lawyer, or the firm, that is the basis of differentiation in the marketplace?

If one subscribes to the “individual lawyer” school of thinking (as some industry commentators do), then potentially no firm can build a differentiated brand - because as individual lawyers (and their teams) are ‘poached’ by other firms, set up their own practices or retire, the differentiation - in effect - moves with them, leaving the firm without a distinctive or sustainable market positioning.

As a counter to this viewpoint, is the emergence in the last decade of the “firm brand”; firms that certainly have individual stars, but who have also successfully built a discernible market positioning. That is, when you “buy” these firms you know you are “buying” a particular type of service, lawyer, culture and expertise that transcends any one individual. Firms in this category include, Gilbert + Tobin, Minter Ellison and Arnold Bloch Leibler.

Brand Strategy
Sound brand strategy is an integral component of sound corporate strategy - irrespective of industry sector, geography or organisation size.

Of the firms surveyed, only 38% demonstrated a clear linkage between corporate and brand strategies, and only 15% had a formally documented brand strategy in place. As one executive commented:

“It (the brand strategy) does not exist on a piece of paper, but we act in ways conscious of the brand”.

Moreover, most firm’s brand strategies are – in essence – brand communications and identity strategies (e.g. PR, sponsorships, identity and visual guidelines).

The apparent lack of process surrounding brand strategy, we believe, seriously hinders efforts to build meaningful brand differentiation and to link brand-building activity to broader business strategy, especially contribution to key business objectives.

Brand Measurement
The research revealed that 30% of the firms surveyed undertook no form of brand measurement at all. Of the firms who did measure their brand, none of them conducted their own firm-specific brand measurement, but instead used a mix of:

  • Client satisfaction / client service reviews (where some questions on perceptions about competitor’s positioning and service attributes were bolted on to an existing survey tool)
  • Third party external quantitative brand research amongst the legal sector
  • Informal “measurement” (e.g. word of mouth, anecdotal feedback, employee feedback etc).

The heavy reliance on externally-owned and driven quantitative research to evaluate and monitor the brand, highlights a serious deficiency. It fosters an “outside-in" approach (i.e. external perceptions driving brand strategy), rather than an “inside-out” approach where brand differentiators and brand attributes are developed internally first, integrated into key strategic and operational processes and consistently supported by the firm’s culture and infrastructure.

In other words, the result of a deliberate and sustainable brand strategy.

Moreover, the lack of customised brand research commissioned by firms means that robust, relevant internal measurement processes and frameworks are simply not being developed. An obvious consequence is that the effectiveness of a firm’s brand strategy is not being measured from an ROI perspective (in particular, the brand’s overall contribution to business development activity).

Brand Management & Direction
The research looked at the critical questions of who sets the brand’s strategic direction and who manages implementation?

We found that responsibility for setting strategic direction falls to a variety of decision-making groups within firms, as shown below:

What is revealing is that none of the firms included the Human Resources function (typically the custodian of the firm’s internal brand) in strategy setting and only one firm involved Marketing.

Similarly, responsibility for implementation was largely left to the firm’s leadership (CEO/Managing Partners, Board). Only one firm had established a permanent forum specifically focused on brand management.

In essence, brand strategy is being determined by the partnership – comprised of legal practitioners with potentially limited experience in strategic brand issues. The central issue this raises is whether law firms can realistically continue to manage their brands without specialist expertise and a clear brand governance framework.

Alignment with Operational & Strategic Processes
Across the sample, the strategic and operational processes considered most strongly aligned with brand are: product & service quality, CRM and human resources. This finding is in keeping with the core reasons underlying perceived importance of brand (i.e. business development & client relationship opportunities, attracting and keeping quality people).

The processes considered as being least aligned are: innovation, corporate responsibility and advertising. (see chart below).

These findings suggest that internal processes focused on innovation are potentially overly technical and lacking appropriate consideration of brand positioning and brand attributes; that corporate responsibility is still evolving from its pro bono origins into a wider market positioning tool; and advertising is not sufficiently strongly aligned with brand positioning and personality.

Key Implications:
Given that much brand research in the legal sector is based on an “outside-in” approach, it is not surprising that:

  • Brand – while ‘conceptually’ regarded as important - is generally not backed-up by appropriate brand process, infrastructure and systems (especially measurement).
  • As only a small percentage of firms have formalised and documented brand strategies linked to the wider corporate strategy, many of the benefits flowing from brand differentiation are either underexploited and/or not well-understood.
  • The lack of clarity around brand management and strategy, suggests that investment in brand and it’s relative contribution to firm profitability and business development activity, is similarly not well-understood.

This study demonstrates that it is time for law firms to apply the same rigour and discipline to brand they have so successfully applied to other areas of their business.

For information on how to purchase a full copy of the Brand Perceptions 2004 Report email us at: info@davismarketing.com.au

ITEM 2: In the News

Dianne Davis was quoted in an article in BRW (21/10/04)on marketers and building Board careers, in an article in the Australian Financial Review 22/10/04) on brand research amongst Law Firm CEOs/Managing Partners and in an article in B&T(1/11/04) on the influence of marketers in the boardroom.

ITEM 3: Closure of Office – Christmas / New Year Period

Our office will be closed from midday, 24 December 2004, through to Monday, 17 January 2005.

NEXT ISSUE: THE ART OF EFFECTIVE TENDER DOCUMENTATION

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