Creativity and Innovation as a Marketing Tactic

By Debra Bruce

At a dinner party recently, a lawyer and I discussed theories about the struggles many law firms are facing. Today the market place changes rapidly, but changing something in a law firm can be harder and slower than turning a battleship.

My theory was that, as lawyers, we focus on the past and on precedent. We actually have an aversion to innovation and change because too much innovation in the law creates unpredictability and instability in society. On top of that, we spend most of our time on behalf of our clients trying to determine who is at fault and assigning blame (and damages), or trying to protect against every risk that could possibly arise as the result of all the negligence and malfeasance in the world. We are too expert at pointing out the problems and risks of any new idea, and too unpracticed at seeing the benefits and possibilities.

As if on cue, the next issue of Texas Lawyer included an article titled, “Law Departments and Firms Should Nurture Creativity” (February 5, 2007). Although most of the article discussed how lawyers suppress creativity, it included several examples of innovations by corporate law departments. I promptly sent quotes of some of the innovative ideas and a link to the article to appropriate clients and prospects, as well as to the lawyer from the dinner party.

When you see new ideas, do you think of how your clients might benefit from them? Or do you just keep your focus on the law? When I trained as a young lawyer, I was taught to stick to the legal issues, and avoid the business issues. Today, however, the biggest rainmakers are the lawyers who become trusted advisors, sounding boards and doors to resources for whatever challenges their clients face.

What would your clients think if you said, “I was reading about the improvements in X, and I wondered whether that might be opening up a market opportunity for your company in our area.” What message would it send to your client if you were to share with them the innovations you see in other industries that might apply to their business? What would your client’s perception of you be if you said, “You know, I’ve been thinking about the recurring litigation you have been facing, and I wondered whether X change in procedure would reduce the number of cases.” Some litigators reading this are thinking, “Litigation business is already down right now. Why would I want to help reduce it further?” To them I respond, “When litigation is down, how do you think clients choose which few lawyers will get the cases they do have?”

I think most clients would perceive such discussions as an indication that you care about their success; that you see yourself as a member of their team. Such discussions especially foster trust when the client sees you hold their interests ahead of your own. In an era of increasing competition in the legal field, you can stand out amidst armies of qualified lawyers by demonstrating to your clients, prospects and former clients that you focus on and care about their success.

And what about innovation? The February 5, 2007 Texas Lawyer article cited a survey of in-house counsel respecting the three most distinguishing attributes of successful outside counsel. Only 6% named creativity. It is not clear from that report whether corporate legal departments don’t really look for innovation and creativity when they hire outside law firms, or just don’t find it.

Anecdotal evidence supports the argument that business people (if not in-house counsel) want creative lawyers who offer more than just legal advice. Take the case of the outside general counsel chosen for the San Antonio Spurs basketball team. In a Texas Lawyer article entitled “J. Tullos Wells Scores as Outside General Counsel for San Antonio Spurs” (July 18, 2005), Jack Diller, the Chief Executive Officer who engaged Wells said “I was looking for someone who blended a strong knowledge of the San Antonio market with the ability to be creative in terms of reacting to the kinds of changes that had taken place in NBA basketball.” Notice he didn’t say he was looking for the lawyer who had the most legal expertise, or who had tried the most cases, or who had closed the biggest deals.

Texas Lawyer also reported that Rick Pych, the Executive Vice President for Corporate Development of the Spurs, said that the Spurs’ reliance on Wells went well beyond providing the team with legal advice. They also relied on him for advice on the role the Spurs should play in the city of San Antonio. Diller further recounted that Wells learned how to work the NBA salary cap so the team would have money to acquire a valuable player later. That required planning ahead and conducting business in a way that would position the team to take advantage of the cap when other teams couldn’t.

If you want dream clients, be their dream lawyer. Wells noted that only 29 other lawyers on the planet get to do what he gets to do. It’s pretty hard to compete with a lawyer like Wells, who creatively solves his clients’ problems and helps them run their business more effectively.

This month, be a shining star in your client’s eyes. Lawyers called “brilliant” are usually the ones who find new solutions to old problems, or who innovate quickly enough to keep pace with the development of new problems. Keep your eyes, ears and mind open for brilliant solutions to their challenges, even if they don’t involve legal issues.