Seeking Market Impact?  Avoid the Pitfalls of Legal Exceptionalism

While certain elements make marketing within the legal industry unique, such as the Rules of Professional Conduct and various state ethics guidance, law firms have quite a bit to learn from their counterparts in the B2B marketing space. In every engagement, our agency’s deep digital marketing bench brings important perspectives on website best practices and communication strategies, as well as their experiences from the B2B world. They have found that moving the decision-making needle within law firms around digital assets such as websites can be a challenge when it comes to change and innovation. Taking a page from the B2B world, great legal marketing should be dynamic and engaging, laser-focused on the universal motivations that inform human decision-making across industries. If you are a legal marketer who wants to gain credibility when it comes to decisions affecting your marketing technology, read further for insights to persuade and support your case for innovation with data.

First, what works?

Law firm websites often use design conventions that are consistent across a wide number of firms. This is a good practice because it conforms to user expectations and creates a consistent experience when visiting law firm websites. Examples include:

• attorney bio pages that cross-reference with practice groups and industries
• significant portions of websites dedicated to thought leadership and firm news
• thought leadership cross-referenced on attorney bio pages
• attorney bio pages as the most frequently visited pages on the site
• the continued use of Vcards though these are not widely used outside the legal community

However, outside of these core areas, many law firms are resistant to marketing best practices that could enhance law firm brands, reach new clients, and entice new hires. Often, firms will invoke the uniqueness of the legal industry and law firm business models as a pretext to avoid marketing standards of other industries, a practice we refer to as “legal exceptionalism.” When presented with new ideas, new ways of communicating, or new approaches to a given market, many firms point to the legal market’s “uniqueness” to avoid change.

Be persuasive with data and avoid the legal exceptionalism trap.

When advocating for best practices in an environment resistant to change, legal marketers should turn to data and research. Make your case by highlighting the most recent neuroscience research that illustrates how humans respond to certain kinds of stimuli and information. Armed with empirical evidence, marketers can increase their credibility at the decision-making table. By tying data to the networking and marketing initiatives they champion, legal marketers can move the conversation forward.

Understanding Cognitive Biases

Neuroscience research has revealed numerous cognitive biases that influence human decision-making. For example, the “anchoring bias” suggests that people rely heavily on the first piece of information they receive when making decisions. Anchoring bias confirms that first impressions are important—use this knowledge strategically when designing public-facing marketing assets, such as law firm blogs and websites. Using this insight, firms can prioritize what is important and present information about their brand, their attorneys, and their practices to influence purchasing decisions. Citing anchoring bias, marketers can make an effective case for updating old websites and other digital assets that reflect poorly on the form’s brand.

Emotional Engagement

We like to think of ourselves as rational beings that rely on objective criteria to make decisions. This is even more true for those who practice law; lawyers are trained to be objective and make decisions based on their training, facts, and research. However, neuroscience emphasizes the importance of emotional engagement in decision-making. Emotional engagement is the “show” rather than the “tell” aspect of communicating.

Consider a law firm that may want to promote an award won for a new mentorship program on its website. Which digital banner headline do you find more persuasive?

“Firm mentorship program wins award” (rational, fact-based).
or
“Our firm values investments that foster and support new talent for the benefit of our clients, our industry, and our communities. We are honored to have received this award in recognition of our commitment.” (emotional).

Similarly, confirmation bias tells us that people naturally seek data that supports their pre-existing positions or opinions and ignore data that contradicts their existing opinions. Law firms can leverage this knowledge by creating emotionally resonant content that triggers positive associations with their brand. For instance, we know that storytelling evokes specific emotions and assists in memory formation around brand experiences. Case studies that follow storytelling conventions of overcoming obstacles evoke strong positive emotions that can promote a concomitant positive feeling about a firm brand. Again, storytelling is about showing or illustrating and is more persuasive than simply reciting facts.

It’s not just about words: visual perception and design are critical to engage and persuade

Neuroscience sheds light on how the brain processes visual information and perceives design elements. As humans, we respond to visually appealing websites, pitch material, and marketing collateral that captures attention and engages. Creating a clear visual hierarchy helps prospective clients understand which messages to focus on as primary, and which messages are providing supporting information. Easy-to-read, active voice messaging focused on client needs demonstrates an understanding of client problems and offers solutions. Conversely, displaying a list of firm credentials that prospects so often encounter on law firm websites simply imparts facts, and is less likely to create a strong memory associated with the brand.

Optimizing User Experience (UX)

Neuroscience research informs the design of user interfaces and digital experiences to maximize usability and satisfaction. By studying how the brain processes information and interacts with technology, marketers can create intuitive interfaces that guide users seamlessly through websites or apps. Techniques such as A/B testing, eye-tracking studies, and heat maps help identify user preferences and optimize UX design elements for improved engagement and conversion rates.

The Benefits of Embracing Best Practices and B2B Tactics:

Moving away from “legal exceptionalism” allows law firms to embrace a fresh approach to positioning and messaging, with numerous benefits. For all the nuances of legal marketing, broader B2B best practices regarding innovation are also true for legal:

• Enhanced Brand Visibility: Adopting best practices elevates brand strength and distinguishes firms in a competitive market.
• Improved User Engagement: Prioritizing user experience fosters longer site visits and deeper engagement with content.
• Increased Conversion Rates: Clear conversion triggers and storytelling elements drive user action, translating to tangible business outcomes.

Legal marketers and the firms they serve can reap rewards when they transcend traditional boundaries and adopt the lessons learned from others in the B2B space. Thriving in today’s competitive landscape means overcoming industry silos. Neuroscience reminds us that we all follow very similar patterns of engagement with content and decision-making. By understanding and embracing how people make decisions, law firms can better differentiate and meet audiences where they are.