Lexpert Magazine

LEXPERT MAGAZINE | SEPTEMBER / OCTOBER 2018 61 | COLUMNS | MARKETING Heather Suttie is a legal marketing and business development consultant working with firms ranging from global to solo, Big Law to New Law. Reach her at 416-964-9607 or www.heathersuttie.ca. BY HEATHER SUTTIE a lemon, or even a lemming, you're differ- ent from others of your species, and those unique factors distinguish you from the rest of your kind. NOT THE SENSE GOD GAVE A LEMON So why don't more firms demonstrate dif- ferentiating traits that enable them to stand out from the rest? According to Altman Weil's 2018 Law Firms in Transition Survey, 50% of law- yers from the 398 respondent US firms an- swered 'no' when asked if their firm had a value proposition that differentiated them from their competition. What's more, 59% said they were "not feeling enough econom- ic pain" to spur significant change. Complacency is part of the problem, ac- cording to e Bellwether Report 2018: e Culture Clash — Solicitor Confidence vs. Client Power, from LexisNexis UK. is study of independent law firms found that while 97% of respondents recognize the importance of a client-first culture, 69% say their firms are doing little or noth- ing to meet demands. All of this is puzzling behaviour in the face of continuing reports of partner underperformance, overcapacity, and un- relenting and growing competition. THE LEMMING FACTOR ere was a time before global full-service legal conglomerates entered the Canadian market when law firms claimed their dis- tinctions, took a position and marketed themselves accordingly. For example, many years ago McCarthy Tétrault LLP, once Canada's largest law firm, touted its size, among other attrib- utes. ese days Borden Ladner Gervais LLP, now the largest Canadian firm, doesn't take that approach. In fact, no firm does, because size is irrelevant. While other major firms once had well-known value propositions in distinct areas such as M&A or banking or finance, practice or industry distinctions are today the domain of bou- tique and specialty firms, and even they sometimes hide their lamps under bushels. Is there any correlation between lawyers and lemmings? While some lemming be- haviour is a myth, this much is true: their population peaks roughly every four years, then dips to near extinction. When the population is high, food gets scarce and these rodents become aggressive toward each other. at lemmings exhibit similar behaviour to one another in their search for sustenance is not surprising, since each is hungry and competitive. UNIQUE CHARACTERISTICS HELP LAW FIRMS STAND OUT Being everything to everyone may leave you as nothing to no one. But this fate is avoidable when your unique characteristics enable you to stand out from the pack — whether you are a professional, a law firm, a rodent, or a tart citrus fruit. At the end of the differentiation exercise, when the lemons – whether there are 10 or 100 – are dumped from the bucket and the lawyers are asked to find theirs, identifica- tion happens in mere moments. A few years ago a sharp lawyer, anticipat- ing the need to identify her lemon, peeled it before dropping it into the bucket. Did she cheat? No. Instead, she enabled differentia- tion by altering its appearance. at's something playwright Oscar Wilde might have applauded, as he once quipped, "A grapefruit is just a lemon that saw an opportunity and took advantage of it." Myths aside, it's differentiation that creates value proposition in legal markets Of Lawyers, Lemons and Lemmings PHOTO: SHUTTERSTOCK LAWYERS, lemons and lemmings may seem very disparate, but they have more in common than you might think. When leading an exercise in differentia- tion at a law firm, I oen give each lawyer a lemon and ask that they consider its char- acteristics: how it feels in their hand, its weight, its round or oblong shape, pointy or blunt ends, blemishes and bumps, smooth, pebbled or patchy skin. Most lawyers roll their lemon around and study it thorough- ly. Litigators take notes. Aer a one-minute examination, the lemons are dumped in a bucket and set aside. As for lemmings, lawyers have worn this label for decades due to misconceptions about lemmings and lawyers both. ere's an urban myth that lemmings commit mass suicide by hurling themselves off cliffs into the sea, where they drown; in other words, they behave with a mindless and ultimately self-destructive herd mentality. In fact, lemmings are (like other animals in the wild) self-preservationists, as well as strong swimmers. is derogatory label may have come from Ralph Nader's 1973 article "Lem- ming-Like Lawyers." In it, the American consumer advocate, lawyer and author railed against the conformity of US bar ex- ams, which he charged were regurgitations of historical and sometimes antiquated legal rulings and did not require the judg- ment and creativity that is needed to ad- dress contemporary legal issues. e point is, whether you're a lawyer,

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