Promoting a culture of sales and marketing
During the summer, legal professionals across England and Wales were invited to take part in a national survey to gauge attitudes and activities of sales and marketing in their sector. The Legal Services Act, Clementi and Jackson Reports and increasing competition for legal services have put considerable pressure on solicitor firms to adapt.
Arguably this is the most disruptive time in a generation for solicitors and it is timely to take a snapshot of how (and if) they are reacting, what changes they are making to their operations and their opinions and feelings about these changes.
Organisational culture of law firms
Crucially, less than 50% of firms rated their ability to develop new business as better than average. Our results showed that, whilst 38% rated their business development as above average and 8 per cent rated it as excellent, 40% believed it to be average, 10% thought it was below average and 4% rated is as poor.

Compared to similar firms, how good is your firm at generating new business?
Senior partners appear to appreciate the importance of promoting business development, with 88% responding that senior partners encourage all staff in this respect at least quarterly (although conversely this does mean that 12% never issue this encouragement).

How often do senior management encourage all staff to generate new business?
However, in the majority of firms, less than half of all employees carry out business development activities. In 20% of firms surveyed, fewer than 10% of employees do so and the number of firms where 90 – 100% of employees carry out business development is just 11%.

What percentage of people in your firm actively carry out business development activities?
Furthermore, recruiting legal professionals who are committed to promoting and developing the business does not seem to be a priority for many firms. Whilst the ability to generate new clients is a consideration for all roles at 42% of firms, for 49% it is only a consideration for some roles and at 9% of firms it is not a consideration at all.

Is the ability to generate new clients a consideration when recruiting for legal roles?
People as an asset
There is a great deal of evidence that, in an increasingly knowledge-based economy, the contribution of people is the largest driver of organisational performance. In fact, “people are our most important asset” is an increasingly common assertion. However, as the survey suggests, the implications of this idea are not always thought through.
Although senior partners appear to encourage employees to carry out business development, the majority of law firms have not developed a culture that encourages employees at all levels of the firm to identify with organisational goals and take responsibility for developing the business.
These results support previous research * that found that just under a third of employees are actively engaged with their work. More recently (29th August 2010) the HR review reported that 37% of employees in the legal sector do not believe either ‘most’ or ‘any’ of what their employers tell them about business performance.
A further 26% admitted to trusting only ‘parts’ of what their employer tells them and only one in ten stated that they ‘totally trust’ their employer. Consequently, firms are wasting a simple and highly cost-effective approach to promoting their practice and impacting the bottom line.
As legal firms do not provide a tangible product, they are selling their brand, reputation, knowledge and their people. Consequently, they must establish themselves as trusted advisors by developing authentic relationships with their clients. This involves promoting their services in a professional way by demonstrating their ability to understand and empathise with the issues that may affect their clients’ livelihoods and deliver intelligent and appropriate solutions.
Research has shown that people who like their job and the firm they work for become advocates for it. A 2006 report by the Chartered Institute of Personnel Development found that half of respondents would encourage friends and family to do business with their organisation and just over half would recommend it as a place to work, with only 19% prepared to do so without being asked.
Praise
So what are firms currently doing to motivate their staff to generate new business? Praise by senior staff was the most common method cited, with 47% rating it as effective or highly effective, compared to just 14% rating it ineffective or completely ineffective and 12% admitting it was not used.
Coaching and mentoring
This was closely followed by coaching and mentoring with 39% rating it as effective or highly effective. This high level reflects the legal sector’s adoption of coaching as it becomes an increasingly popular tool for supporting personal development across all sectors.
The quality of coaching and the results it delivers depends on choosing appropriate coaches, managing relationships and evaluating success. Firms must understand how to select appropriately qualified coaches and match them to the organisational culture and the needs of the individual. Further research into the provenance of those staff undertaking coaching and those receiving training for this skill would be valuable.
Mentoring relationships work best when they move beyond the directive approach of a senior colleague telling it how it is, to one where both can learn from each other. This requires the mentor to be open to doing things in a more collaborative way.
In particular, younger employees have specific expectations of their employers and will want to be involved in two-way conversations on business performance. They believe that business is about using their talents, not serving time, and expect to be engaged in their work. Enthusiastic and open to new ideas, they want to bring change to firms.
Rewards
Bonuses are not as prevalent in the legal sector, as they may be in other more traditionally commercial environments. However, 28% of respondents rated bonuses as effective or highly effective, with just 11% rating them ineffective or completely ineffective.
Commission on sales was rated effective or highly effective by just 15% of respondents, with almost twice as many considering it highly ineffective. Consequently, it showed the lowest weighted score of all the mechanisms.
It is worth noting that 60% of respondents did not use it as a method of motivation (making it the least used of our options) and this reduces the statistical significance of this specific finding. Commission is a powerful and successful motivator in many sales environments so these findings could highlight issues with application in specific firms.
The use of bonuses and commissions, when carefully designed to align with a firm’s culture and needs, can help to create and sustain high performing workplaces. To be effective, they need to operate as part of an integrated reward strategy closely linked to business objectives. Their success will depend on how effectively performance is defined, managed and ascribed, requiring effective communication and engagement on the part of both employees and managers.
A poorly-considered application of bonuses and financial rewards can actually damage team dynamics, expose the poorer performers and potentially de-motivate them. Well-established firms may be resistant to this change and these opposing factors may be storing up problems for many firms until the younger staff decide to strike out.
Promotion and equity
The least popular mechanism of motivation was the promise of promotion, with just 13 per cent rating it as effective or highly effective. Possibility of equity stake was rated effective or highly effective by just 18% of respondents, with 14% rating it ineffective or completely ineffective and 45% indicating that it was not used.
Engagement
These results are important because they demonstrate that firms are providing the conditions under which staff will work more effectively. Rather than simply rewarding them in monetary terms, firms are supporting their employees through coaching and mentoring. This is particularly important in uncertain economic times as concern over job security will often negatively impact individual and group performance levels, when firms need it most.
However, the low numbers of employees who are actively carrying out business development activities suggest that firms are not engaging their workforce to act as organisational advocates. So, how can you unlock the potential in your firm and engage your employees to develop new business?
In 2009, the Government published the report of the MacLeod Review of Employee Engagement. It concluded that leadership, line management, employee voice and integrity are key enablers of engagement.
Employees will also benefit from job autonomy, support and coaching, feedback, opportunities to learn and develop, task variety and responsibility. Managing an engaged workforce requires ‘soft skills’ and the creation of a culture based on mutual respect between managers and employees.
Different groups of employees are influenced by different combinations of factors, so firms need to consider carefully what is most important to their own staff:
– How well do your employees understand the strategic direction of the company?
– How do they express their opinions on company matters?
– How are the vision and values of the business articulated?
– Are these values ‘modelled’ by the partners?
– Do employees feel they can contribute creatively to address organisational issues?
– Do the partners empower other employees?
In order to develop your business, firm wide strategies for sustaining high levels of engagement are vital in the current climate of change and uncertainty. Effective engagement of staff needs to take into account company vision, values, recruitment processes, training and development, leadership and organisational culture.
Reference and Further Reading
* The Kingston Employee Engagement Consortium Project.
MacLeod, D and Clarke, N (2009) Engaging for success: enhancing performance through employee engagement. London: Department for Business, Innovation and Skills.
To read the full 27 page report contact Charlotte Conrad at charlotte.conrad@thompsondunn.com.
Read more about the Selling for Solicitors Survey.
Read more about coaching.
Read more about staff engagement.
Read more about organisational engagement projects.
Read more about the Legal Services Act.
Read more about disillusionment in the workplace.
By Charlotte Conrad
With special thanks to the Association of Women Solicitors for their generous support.
National Solicitors Selling Survey 2011 Executive Summary
2011 is a pivotal year for legal professionals with impending full implementation of the Legal Services Act, an increasingly competitive market for legal services and increasingly sophisticated marketing by new entrants. The National Solicitors Selling Survey (NSSS) was conducted during the summer of 2011, its second consecutive year, and our findings are summarised below.
The bounce-back is over
Although the majority of firms surveyed in 2011 felt they were better than average at developing new business, the lack of growth in pricing and improvements in recovery rate shows less cause for optimism than last year’s survey. More firms are reporting greater downward pressure on prices and more are decreasing prices in order to compete.
Figure 1: CHANGES IN PRICING FOR THE SAME SERVICES
Marketing is becoming more sophisticated
Indications are that solicitors are using a wider range of pricing models and more marketing methods. While there is no clear pattern revealing what works best, increasing numbers of firms are moving marketing decision-making into the hands of specialist individuals reflecting a more commercial approach.
Reliance on rainmakers at the expense of marketing culture
Despite the perceived importance of business development for all legal professional roles, at the majority of legal firms less than 50% of employees carry out these activities. These results suggest that firms are relying on ‘rainmakers’ and not encouraging a culture of business development. Whilst leadership commitment is important, this approach will be unsustainable in the long-term, particularly for smaller firms.
Figure 2: WHAT PERCENTAGE OF PEOPLE AT YOUR FIRM ACTIVELY CARRY OUT BUSINESS DEVELOPMENT
The strong are getting stronger and the weak, weaker
It looks like some firms are doing well despite the economic indicators and are still pushing up prices and increasing client numbers. However, others are seeing increasing falls in recovery rates, prices and client numbers.
Recovery rates take a battering
There number of firms seeing recovery rates fall has trebled, whilst those seeing recovery rates rising has halved. This suggests that any confidence that the sector had ridden out the worst of the recession may have been misplaced. Rather, solicitors are seeing a time lag in the impact of the recession on their clients as the realisation hits that a large proportion cannot pay.
Figure 3: DESCRIBE YOUR RECOVERY RATES COMPARED TO LAST YEAR
More than half of firms see ABS as a ‘threat’
Alternative Business Structures are seen as a threat by more than half of respondents. More surprisingly, a quarter see the impending change under the Legal Services Act as an opportunity. The contrast in responses suggests a division between those firms shaping up for a new regime and those taking on a King Canute approach.
Figure 4: DO YOU CONSIDER ALTERNATIVE BUSINESS STRUCTURES A THREAT TO YOUR BUSINESS
Jump in importance of selling for new recruits
72% of firms believe that the ability to generate new clients is now a consideration for all legal professional roles. This is an enormous jump from the 42% reported last year. Furthermore, 77% of respondents believe that the ability to sell is extremely important for career progression, suggesting the new competitive pressures are being passed directly to all staff. However, our survey does not show a commensurate increase in business development and sales training.
Figure 5: THE ABILITY TO GENERATE NEW CLIENTS IS A CONSIDERATION WHEN RECRUITING FOR ALL LEGAL PROFESSIONAL ROLES