MODULE - 6 - Marketing - 2024 - V1

MARKETING
Syllabus
The syllabus is compiled by
Practitioners with experience
in practice.
Training Guide The guide for 2024 has been

revised by Alta van der Walt
Version Learning Resources No. 006/01
Publish Date: 01/01/2024 and reviewed by Advocate (Dr)
James Clark, Clark Chambers.
Confirmation Date: 01/01/2024
____________
This training guide is intended as a supplementary Notes on Content

tool for purpose of the training at L.E.A.D’s Practical
Vocational Training School and Courses. The document records the
views of the drafters. There
The publishing of this training guide (“guide”) was may be justifiable variations in
made possible through financial support of the Legal practice.
Practice Council (via the Legal Practitioners’ Fidelity
Fund). ____________
The content may not be a

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Democratic Lawyers and the Provincial Attorneys’ of reading due to legislative
associations in representing the Attorneys’ profession in changes after printing.
South Africa.
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PMT MODULE 6 | MARKETING
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PMT MODULE 6 | MARKETING © LSSA

TABLE OF CONTENTS
KEY OF ICONS USED IN TEXT ..................................................................1
CRITICAL OUTCOMES AND ASSESSMENT STANDARDS .............................2
UNIT 1: INTRODUCTION ..........................................................................4
STUDY UNIT OUTCOMES ..........................................................................4
RECOMMENDED RESOURCES.............................................................................. 5
ONLINE RESOURCES .......................................................................................... 5
OVERVIEW OF THE MODULE .............................................................................. 6
1.1 INTRODUCTION ........................................................................................ 7
UNIT 2: MARKETING – THE CONCEPT ......................................................9
STUDY UNIT OUTCOMES ..........................................................................9
KEYWORDS........................................................................................................ 9
OVERVIEW OF THE STUDY UNIT ...................................................................... 10
2.1 WHAT IS MARKETING? ........................................................................... 10
2.2 WHY MARKET ......................................................................................... 11
2.3 THE MARKETING MIX ............................................................................. 12
2.3.1 Product........................................................................................12
2.3.2 Place ...........................................................................................14
2.3.3 Price ...........................................................................................15
2.3.4 Promotion ....................................................................................20
2.3.5 People .........................................................................................23
2.4 BUY-IN ................................................................................................... 23
2.5 LEADERSHIP........................................................................................... 25
UNIT 3: INTERNAL AND EXTERNAL MARKETING ....................................28
STUDY UNIT OUTCOMES ........................................................................28
KEYWORDS...................................................................................................... 28
OVERVIEW OF THE MODULE ............................................................................ 29
3.1 INTERNAL MARKETING........................................................................... 30
3.2 EXTERNAL MARKETING / PROMOTIONAL OPTIONS................................ 32
3.2.1 Entertainment...............................................................................32

3.2.2 Client training ...............................................................................33
3.2.3 Client seminars .............................................................................34
3.2.4 Public speaking .............................................................................35
3.2.5 Brochures ....................................................................................35
3.2.6 Client newsletters ..........................................................................36
3.2.7 Pamphlets ....................................................................................37
3.2.8 Public relations and the media .........................................................37
3.2.9 Advertising ...................................................................................37
3.2.10 Sponsorship ..................................................................................38
3.3 COMMUNITY / CIVIC ACTIVITIES........................................................... 38
3.3.1 Websites/internet/Google Ads .........................................................38
3.3.2 Promotions ...................................................................................40
3.4 DATABASE (MARKETING DATABASE) ..................................................... 41
3.5 PERSONAL NETWORKING ....................................................................... 42
UNIT 4: MARKETING PLAN ....................................................................45
KEYWORDS...................................................................................................... 45
4.1 INTRODUCTION ...................................................................................... 46
4.2 PURPOSE AND MISSION ......................................................................... 47
4.3 SITUATIONAL ANALYSIS ........................................................................ 47
4.4 MARKETING STRATEGY AND OBJECTIVES .............................................. 48
4.5 TACTICAL PROGRAMS............................................................................. 48
4.6 BUDGETS, PERFORMANCE ANALYSIS AND IMPLEMENTATION ................ 49
4.7 ADDITIONAL CONSIDERATION............................................................... 50
UNIT 5: ETHICS AND OTHER IMPORTANT ISSUES IN MARKETING ........51
KEYWORDS...................................................................................................... 51
5.1 ETHICS IN MARKETING AND THE MARKETING CODE OF ETHICS ............ 52
5.2 COMPLAINTS .......................................................................................... 53
5.3 CLIENT RESEARCH .................................................................................. 54
5.4 CRITICISMS OF MARKETING .................................................................. 55
5.4.1 Marketing encourages people to buy what they don’t need ...................55

5.4.2 Marketers exaggerate product claims................................................55
5.4.3 Marketing leads to environmental waste............................................56
5.4.4 Marketing discriminates in customer selection ....................................56
5.4.5 Marketing encroaches on the clients’ right to privacy ...........................56
5.5 SOCIAL RESPONSIBILITY IN MARKETING .............................................. 56

PRACTICE MANAGEMENT TRAINING MODULES
Module 1: General Introduction to Practice Management
Module 2: Risk Management and Insurance
Module 3: Law Business Finance
Module 4: Systems and Technology
Module 5: Legal Practice Management
Module 6: Marketing
Module 7: Human Resources
Module 8: Strategic Management
Within these training guides reference is made to various court cases, textbooks, articles
(for example De Rebus) as well as other sources and the obligation remains on the
delegate to stay abreast of changes within the law through their own research in order to
ascertain real time standing authorities. South Africa is most definitely one of the countries
since its incorporation as a full democracy, for years to come to go through various
legislative changes occurring at a tremendous rate as the country embraces its newly
found democracy.
In these training guides delegates will also find various developmental questions on the
subject matter within this guide. Answer to these questions will not necessarily be
available to delegates as the questions are also intended to be used by lecturers in
developing the theoretical and especially the practical skills of delegates whilst lecturing
to them.
KEY OF ICONS USED IN TEXT
NB Reflection
Definition Example
PMT MODULE 6 | MARKETING © LSSA 1

CRITICAL OUTCOMES AND ASSESSMENT STANDARDS
Critical Outcomes Programme Outcomes Assessment Standard
• Problem-solving Displaying logical, critical, Demonstrate logical, critical,

skills and reflective problem- reflective problem-solving skills, plan
solving abilities. in advance and solve problems.
• Teamwork Practice as a member of a Demonstrate the ability to practice

professional team on a formal as a team member in an
and informal basis in an organisation by contributing and
organisation. taking responsibility within a team.
• Self-responsibility Organise and participate as a Conduct duties and activities

competent and self-confident responsibly and effectively by
member of a team in an complying with the ethical standards
organisation. of the organisation.
• Research skills Collect, organise, compare, and Demonstrate the basic ability to
critically evaluate information. execute research and compile
information.
• Communication Apply basic communication Demonstrate the ability to apply

skills abilities and interpersonal skills; the principles of communication
verbal, non-verbal and written, during interaction with employees,
inside and outside the management, formal groups,
organisation. informal groups, customers, and
potential customers.
• Macro-vision Solving problems by considering Demonstrate an understanding of

professional, ethical, social, the world as a set of related systems
cultural, and environmental and the ability to effectively address
influences. organisational problems within the
organisational context.
• Citizenship Participate with the groups Demonstrate the ability to

within the organisation and the effectively address problems and
community with the necessary communicate within the
responsibility. organisational management
groups, with employees,
customers and the community.
• Technology Introduce and use technology Demonstrate the ability to use

effectively. technology effectively within a group
or an organisation.
• Cultural and Demonstrate cultural and Demonstrate effective cultural and

aesthetic sensitivity aesthetic sensitivity to groups aesthetic sensitivity towards the
and the community when organisational groups and the
operating in the organisation. community when operating in an
organisation.

NOTES:

UNIT 1: INTRODUCTION
STUDY UNIT OUTCOMES

After completing this module, you should be able to market your legal services effectively.
In addition, you should be able to demonstrate your understanding of applicable
principles, amongst others:
• describe the marketing function, define, and explain the definition of marketing;
• describe the techniques of marketing legal services;
• demonstrate their understanding of the characteristics of problem-solving services
and production line services;
• explain what high-client-contact environment means;
• explain how decision-making depends on the participants in the buying situation;
• describe how the frequency of instructions will affect their client’s decision-making
and thus also the practice;
• explain the implications of mandate and financial arrangements for marketing.
You should be able to analyse a problem/situation when confronted with it in legal

practice. This includes:
• distinguishing between consumer services and producer / supplier services
requirements;
• classify the characteristics of professional services and their nature;
• identify problems and ethical considerations associated with marketing of
professional services;
• identify the marketing implications that the classification which legal services have;
• identify the unique characteristics of client’s decision-making process;
• distinguish between the categories of qualities clients use to evaluate services;
• identify the process of developing a relationship including financial arrangements
between clients and oneself and how to use it to the benefit of the practice;
• anticipate clients’ possible concerns regarding the degree of risk and uncertainty
involved when deciding to use the services of the practice;
• analyse the market by doing swot analysis.
You should be able to apply your knowledge by:

• describing and implementing the marketing exchange process to improve
profitability;
• identify and utilise the service-quality determinants of clients to the practice’s
advantage;
• formulate, implement, and evaluate the marketing plan;
• finally, you should be able to effectively advise a client / communicate information
to a third party by establishing the personal needs of the clients that influence the

decision-making process.
RECOMMENDED RESOURCES
1. Kotler, P ‘Marketing Management’ United States Edition, 12th Edition. Wiley

Publishers.
2. Hastings, H & Saperstein, S ‘Improve Your Marketing to Grow Your Business’.
Wharton School Publishers.
3. Wood, M. B ‘Essential Guide to Marketing Planning’ Pearson Education Ltd.
4. O. C. Ferrell, O. C. & Hartline, M. D. “Marketing Strategy’ Academic International
Publication Inc.
5. Cravens, D. W. & Piercy, N & Piercy, N. F. ‘Strategic Marketing’ McGraw Hill
Education, Europe.
6. Amberland, D ‘Getting to No.1 on Google’ Pearson Education Limited, 2013.
7. Peters, P ‘The Ultimate Marketing Tool Kit’, Second Edition, Adams Business, 2009.
8. Reed, J ‘Get up to speed with Online Marketing’, Prentice Hall, 2011
9. Muhlberg, H ‘The Law of the Brand’, Zebra Pressl, 2005.
ONLINE RESOURCES
1. Various related articles on www.tutor2u.net/business/marketing.

2. Various marketing related articles on www.KnowThis.com.
3. Sondhi, R ‘The impact of leadership on teams and performance’ on
www.leader.co.za.
4. Canadian Marketing Association Code of Ethics and Standards of Practice on
www.the-cma.org/public.asp?
5. Marketing 101: What is marketing, iPad App by Docstoc Inc.
6. MyFirmMarketing-marketing on the go for professionals iPad App by Consensus
Marketing LLC.
7. LFM Law Firm Marketing Magazine (online e-magazine on App store) by
SpeakerMedia Press.
8. Marketing Plan Premier iPad App by Appit Ventures LLC.
9. Learn Advertising & Marketing Android App by Alex Genadinik.
10. Social Media Marketing Tactics Android App by Genius Web App.
11. Internet Marketing Strategies Android App by Bigo.
12. Marketing Android App by Daksatech.
13. Marketing Plan App Android App by Cosey Management LLC.
14. https://www.wsioms.co.za/about/knowledge-centre/digital-marketing-resources/.
15. https://dragonflymarketing.co.za/.

OVERVIEW OF THE MODULE
Marketing of legal services
Marketing – the concept Internal and external marketing
What is marketing? Internal marketing
Why market External marketing/

Promotional options
The marketing mix Community/Civic activities
Buy-in Database
Leadership Personal networking
Marketing plan Ethics and other important issues

in marketing
Purpose and mission Ethics in marketing and the

marketing code of ethics
Situational analysis Complaints
Marketing strategy and objectives Client research
Tactical programs Criticisms of marketing
Budgets, performance analysis and

implementation Social responsibility in marketing
Additional considerations

1.1 INTRODUCTION
Traditionally Legal Practitioners did not market themselves as they regarded this
as being a somewhat undignified way of securing business. Work was acquired
through word of mouth or local reputation. The Law Societies then were extremely
strict in enforcing the rules relating to marketing and any efforts to secure work by
way of ‘touting’ were frowned upon and subject to disciplinary action. Over the last
10 – 15 years the profession has recognised that it is essential to market itself,
particularly in view of the fact that they have seen an erosion of work, which was
previously done only by Legal Practitioners. Banks, Accountants and In-house
Counsel and online legal forums have taken over work, which was traditionally the
prerogative of Legal Practitioners, and it has become necessary for the profession
to market itself so as to retain work. As a result, firms have become a lot more
conscious of marketing in efforts to retain work and to secure new work.
However, restrictions do still exist, and it is regarded as unethical for any firm to
pursue business by contending that it has a good success rate or is better than any
other firm or charges less than any other firm.
The area, which has provided a considerable amount of controversy, relates to

efforts by Legal Practitioners to secure Conveyancing work. The source of
Conveyancing work is predominantly Banks providing mortgage bond finance to
borrowers and Estate Agents responsible for property sales and the resultant
transfers. A recent case in the Cape High Court, in which Judgment is still awaited,
dealt with this specific area and it is hoped that this Judgment will give guidance to
the profession as to the boundaries relating to efforts by Legal Practitioners to
secure work. What the profession is concerned about is the practice of directly or
indirectly buying work by giving gifts to Estate Agents or alternatively paying for
adverts being placed by Estate Agents in newspapers or on billboards. All
commercial banks changed to a centralised “home loan” system where instructions
are allocated electronically to Legal Practitioners on very specific and strict criteria.
Any form of gifting is also strictly prohibited. However, there are always the human
element, and some bank officials and Legal Practitioners will find a way to violate
these rules. Tip Off Anonymous was set up to enable the public to phone in and
advise of Legal Practitioners who have acted unethically so that the necessary steps
could be taken to discipline those firms of Legal Practitioners.
Despite the awareness of the necessity to market, there is no doubt that the amount
of money being spent on marketing in comparison to overall expenditure is
reasonably minimal. Part of the reason for this low expenditure is due to the lack
of awareness of the professions as to how to market their firm, coupled with a lack
of leadership from management driving marketing. As a result, many firms do little
marketing while others, although embarking on marketing campaign, have not
strategised by employing a marketing plan with objectives in mind.
There is no doubt that if a firm is able to give the necessary attention to marketing
and couple that with a clear plan, the probabilities are that the firm will achieve

considerable growth and bring about greater profits for the partners.
For some time now there has been a call for Legal Practitioners to revise how they
operate. This has certainly not left the area of marketing untouched. E-Marketing
has become essential. Already in 2002, Sam Berner predicted drastic changes to
the legal profession. He made most interesting comments regarding the provision
and marketing of legal services in the section The Law According to Star Trek (Sam
Berner, What Colour Are Lawyers’ Collars? Scenario Planning And The Legal
Profession, March. 12, 2002 can be accessed at
http://www.samberner.com/documents/KM/scenario_ 2.pdf)

UNIT 2: MARKETING – THE CONCEPT
STUDY UNIT OUTCOMES

Once you have completed this module, you should be able to demonstrate your
understanding of the concept of marketing which incorporates the marketing mix.
KEYWORDS
It is essential that you master the keywords in this unit. Write down a definition or short
description in the space provided below.
Keywords Definition or brief description
Marketing
Product
Service
Place
Price
Promotion
Buy-in

OVERVIEW OF THE STUDY UNIT
Marketing – the concept
What is marketing?
Why market?
The marketing mix
Buy-in
Leadership
2.1 WHAT IS MARKETING?

Marketing is about communication. In its most basic form it is intended to promote
or sell the service or product of the legal practice to enhance profits.
It is important to ask
• What is the best way to market a law firm?
• How can we do this effectively?
KnowThis.com (www.KnowThis.com) defines marketing as follows:
‘Marketing consists of the strategies and tactics used to identify,
create and maintain satisfying relationships with customers that result
in value for both the customer and the marketer’.
Therefore, the process of marketing management is about attracting and retaining

customers by offering them desirable products that satisfy needs and meet wants.
The following is an examination of the key terms in the definition in a bit more detail:
• Strategies and Tactics – Strategies are the direction the marketing effort
takes over some period of time while tactics are the actionable steps or
decisions made in order to follow the strategies established.
• Identify – This involves the understanding and need to gain knowledge of
customers, competitors, and markets. This is the catalyst for research.
• Create – Competition forces one to be creative and innovative. There will

always be competition so therefore, strategies and tactics will always have
to be revised to respond to competition to ensure the firm remains
successful.
• Maintain – Marketing (unlike previously where the objective was to sell a
product or service) is now designed to build solid and long term / sustained
relationships that encourage clients to continue doing business with the firm.
• Satisfying relationships – Marketing success is evaluated not only in terms of
sales figures but also by how long a marketer retains good customers. The
key objective of marketing is to provide products and services that customers
really want and to make customers feel they are a partner in the transaction,
not just a source of revenue for the marketer.
• Value for both customer and marketer – value refers to the perception of
benefits received for what someone must give up. In other words, for
customers, value is measured by how much benefit they feel they are getting
for their money. It must be noted that this is a subjective emotion as the
feeling one customer has is different to the feeling another one has. For
marketers, they must feel they are receiving something worthwhile in return
for their efforts.
2.2 WHY MARKET

Any firm that wishes to remain in business and in particular if it plans to grow, will
need to put in place a marketing plan.
As indicated previously, 10 to 15 years ago no marketing was undertaken, and legal

firms believed it was not necessary. However, to survive it has become very
apparent that they do need to market and as a result marketing is being
undertaken. Clients are far more selective in their choice of Legal Practitioners and
have become more and more demanding. They require value and whereas before
clients tended to be loyal to a firm of Legal Practitioners, they now change Legal
Practitioners far more readily and far more easily. Legal Practitioners have realised
that to respond to clients’ demands they need to market their services.
In addition, competition from other firms, which in the past never really existed, is
now becoming a real threat. In any SWOT analysis which is undertaken by a firm
of Legal Practitioners there is no doubt that when they consider the threats, their
competitors will be high on their list, and not only will competitors consist of other
legal firms but other professions and businesses who are taking legal work away
from Legal Practitioners which previously had been reserved for Legal Practitioners.
Any firm of Legal Practitioners, when holding any partners’ meeting, and if it is a
single practice when the single Practitioner is considering his business, needs to
include marketing as part of the agenda. Large legal firms invariably employ their
own outside marketers to assist them and in addition have an employee whose sole
responsibility is marketing. Legal Practitioners have found that they have little or
no training in marketing. The majority of them would not have studied marketing
as one of their subjects at University unless they undertook a B. Com degree which
included a marketing component. As a result, it has become essential to seek
outside assistance and often to learn by trial and error.
Firms, when considering the appointment of new professionals, be they as partners,

professional assistants or Candidate Legal Practitioners will factor into the equation
the marketing skills of the Applicant. Professionals, who are deemed to be
‘rainmakers’, are invaluable to any firm. Firms often find that ‘rainmakers’ are few
and far between and a professional who has these skills can often command a far
better remuneration package.
According to KnowThis.com (www.KnowThis.com), historically, the development of

marketing was largely motivated by the need to dissect the relationships and
behaviours that existed between sellers and buyers. Sellers re-evaluated their
strategies and realised that simply selling more products and services to customers
without understanding the needs of customers was wearing thin with customers.
As competition grew, marketers had to look at the customer’s side of the
transaction for ways to improve. Therefore, what developed was that unsuccessful
marketing is the understanding of the needs of customers, the ‘marketing concept’.
Marketers have now learnt that they can no longer limit their marketing effort to
just getting customers to purchase more. They must have an in-depth
understanding of who their customers are and what they want. Their efforts must
result in the developing of satisfying relationships with customers that benefit both
the customer and the organisation. At the firm’s level, marketing is a vital business
function that is necessary for the generating of revenue and hopefully profits.
Marketing is the area of the firm that interacts most frequently with the spectrum
of clients (and public), and consequently what they know about the firm is
determined by their interactions with marketers. At a broader level and in general,
marketing offers significant benefits to society including amongst others,
developing services that satisfy needs, including services that enhance society’s
quality of life, creating a competitive environment resulting in lower prices, offering
techniques that have the ability to convey messages that change societal behaviour
in a positive way.
2.3 THE MARKETING MIX

In looking at marketing, Practitioners often base their activities around the
marketing mix which is also known as ‘the five P’s of Marketing’ theory (See for
example http://www.wiu.edu/vpaps/ marketing/five_p.php).
The general view is that the main factors are:

• Product;
• Place;
• Price;
• Promotion;
• People.
2.3.1 Product
Marketing starts with the product since it is what an organisation has to offer its
target market. Products satisfy customer needs and are used to generate revenue.
Without a well-developed product strategy that includes input from the target
market, a marketing organisation will not have long-term success. In marketing,
the term ‘product’ is often used as a catch-all word to identify solutions a marketer
provides to its target market (www.KnowThis.com). The solution could be either,
a ‘good’, ‘service’ or ‘idea’. Something is considered a good if it is a tangible item,
(that is, it is something that is felt, tasted, heard, smelled, or seen).
A service is an offering a customer obtains through the work or labour of someone

else. Services can result in the creation of tangible goods (e.g., a Deed of Sale
Contract) but the main solution being purchased is the service. Unlike goods,
services are not stored, they are only available at the time of use (e.g.,
consultation with Advocate) and the consistency of the benefit offered can vary
from one purchaser to another (e.g., not exactly the same legal opinion each
time). Something falls into the category of an idea if the marketer attempts to
convince the customer to alter their behaviour or their perception in some way.
Marketing ideas is often a solution put forth by non-profit groups or governments
in order to get targeted groups to avoid or change certain behaviour. This is seen
with public service announcements directed toward such activity as youth
smoking, automobile safety, and illegal drug use (www. KnowThis.com).
In any marketing process it is absolutely essential that you have a good product
to sell. Any retailer who is endeavouring to promote a product will emphasise how
good the product is. Legal Practitioners have a far more difficult task compared to
retailers, in that Legal Practitioners do not have a tangible product, but rather a
service, (which is intangible) to sell. Often, clients cannot ‘see’ the value / benefit
for the money they impart.
The product, which is being sold, is absolutely a key to the success of any
marketing campaign. When one considers the needs and demands of clients it is
becoming evident that to a client, service is something absolutely paramount in
determining whether to retain the services of the firm.
In determining service, it is essential that you provide your client with the very
best of service, which means not only quality service, but service, which is
provided timeously. Often in discussions, which take place with clients, you set
deadlines by which time certain objectives have to be achieved and it must be
achieved within the desired time. Clients become very discontented if you fail to
deliver within the time-span. On the other hand, if you deliver to the client
something, which they perceive to be of good value, they will not hesitate to use
your services in the future. This in itself is a form of marketing – you have kept
your word.
The way in which companies distinguish their product offering from offerings of
other companies, is called branding. The main importance of branding is that,
done well, it permits a business to differentiate its products, adding extra value
for consumers who value the brand, and improving profitability for the company.
Businesses should manage their products carefully over time to ensure that they
deliver products that continue to meet customer wants.
It is also imperative to present your brand in such a way that you don’t have to
change your brand on a regular basis. It is important that the client see you as a
stable brand. It is also expensive to change your branding and can cost you some
valuable time to get your brand known again in the market.
There is evidence to show that customers will pay a premium price

for a good brand and remain loyal to that brand. It is important,
therefore, to understand what brands are and why they are
important (www.tutor2u.net/business/marketing).
Macdonald sums this up nicely in the following quote emphasising the importance
of brands:
‘…it is not factories that make profits, but a relationship with customers (clients)
and it is company and brand names which secure those relationships’.
2.3.2 Place
It was Aristotle Onassis who said, ‘location, location, location’, meaning that where
you are situated is crucial to the success of your business.
For retailers clearly the relevance of place is ensuring that their products are
available when and where they are needed. For a legal practice this situation is a
little different and what becomes important is to make sure that their offices are
easily accessible to clients, that the offices are within close proximity of the Courts,
Deeds Office etc.
Many years ago, virtually all offices were located in the central business district of
a town or city and place was not really of any importance. However, there have
been dramatic changes in the past 10 or 12 years regarding the location of legal
practices in that one finds that many practices have left the CBD and have
relocated into the suburbs. In addition, many practices have established branch
offices to accommodate the requirements of their clients.
It is important that Practitioners are sensitive to the requirements
of their clients in respect of location. Many clients are reluctant to
come into the central business district of a city, as it is perceived as
not being safe while others find it very inconvenient in terms of the
increase of traffic on the flip-side clients of the office may not have
easy access to the premises if they are located in the suburbs if their
ability to attend at the offices may be dependent upon public
transport.
Accordingly, it becomes a very important consideration for any practice to

determine where the offices are situated. This should be in any practice the subject
of a SWOT analysis and careful debate and long-term strategic planning must play
a significant part in determining where the offices are situated.

For many clients in determining the suitability of the location of the premises the
question of parking becomes an important consideration. Some offices have on-
site parking, and it is therefore necessary for an arrangement to be made with the
personnel in charge of the parking garage to give access to the clients. Other
offices, which do not have on-site parking for clients, could no doubt have a
parking garage reasonably close to their offices. Arrangements should then be
made with the parking garage to give access to clients and for the parking to be
paid for by the practice. This earns a considerable amount of goodwill with clients
in that their needs are being catered for and in addition it is perceived that the
Legal Practitioners are affording them something free.
Preferably, Legal Practitioners should give serious consideration to visiting their

clients at their client’s premises when necessity requires. This creates a
tremendous amount of goodwill with the clients, as they are now being perceived
as being part of the business. It is often with a sense of pride that they are able
to show you their premises and if it is an industrial client the factory that they are
operating. This often leads to you being introduced to some of their employees
and invariably in the discussion that follows you will not only receive instructions
in respect of the work which you had initially called at the premises to receive but
additional work will invariably flow as a result of the discussions which take place
at the premises.
One of the ways in which you can ensure that you become an integral part of your
client’s business and secure work is by way of a legal audit. A legal audit is where
the Legal Practitioners attend on the premises of the client and conducts an audit
of their legal matters. This could involve leases, insurance, employment contracts
and the like. Having conducted the audit, you would then report to your client on
areas, which need attention, and they would no doubt instruct you to attend to
these matters.
Having received those instructions, you will be fully conversant with all aspects of
their business and will have gone a long way to securing your position in the long
term as the Legal Practitioners for that particular client.
2.3.3 Price
In any business the question of price is an issue, and the Legal Practitioners
practice is no exception. Legal Practitioners in fact have a mountain to climb in
that there is a perception, which exists that legal services are expensive and Legal
Practitioners have a bad name for overcharging.
Accordingly, you must deal with charging of fees in your negotiations with clients.
It is essential that you advise clients at the outset as to how you charge and the
rate of charging. This will immediately have the effect of taking away the feeling
of uncertainty as to what the client will have to pay for your services. The client
will feel comfortable with the arrangement, which has been reached. If one is
involved in litigation, it is desirable that it is agreed that you will bill your clients
with interim accounts in respect of work, which has been done. This will have a

two-fold advantage in that it assists your cash flow in that regular payments are
being received and the client is not being hit at the end with a large bill, which will
have a shock effect.
With the changes in Conveyancing, tariffs are no longer in place as it was felt that
it fell afoul of competition legislation. As a result, Legal Practitioners are in a
position to negotiate fees on Conveyancing work but at the same time one must
be very careful in that you are not seen to be paying for work in that you are
providing a discount, which is totally and utterly unrealistic. In addition, this will
become uneconomical, as you will find that the work, which you are doing,
becomes unprofitable. Be aware that in practice clients adopted the bad habit to
insist on discount the moment that they step into your offices. You may give in
and give discount, which will only fuel this tendency, or you can advise the client
to wait and see what is the quality of the professional service that they will get
and if there are any blame on the Legal Practitioner side for poor service then a
discount can be negotiated. It is also a fact that conveyancing firms are frowned
upon when they don’t keep to the fee guidelines published by the Legal Practice
Council.
In addition, it is important that you bill your client as soon as the

mandate has been completed. The gratitude which your client has
for the results which you have achieved will decrease with time and
whilst you may have done a very good job, if the bill arrives some 4
to 5 months later, they will have become disillusioned with what work you have
done and your marketing opportunities will be accordingly reduced.
In determining your charges, it is a matter, which needs careful deliberation. It is

important that the firm is considered to be affordable. In determining what is
affordable you need to undertake careful budgeting so that the entire economics
of the practice and its profitability is determined. If you are too expensive you will
find that you have priced yourself out of the market and will have a very limited
number of clients who will be able to pay for your services.
On the other hand, if you are too cheap you will find that the business is not
profitable and strangely, people have a perception that if something is very cheap
it is not of good quality. For example, people increasingly face the choice of
branded or generic medicines and the decision sometimes is a difficult one. The
perception of the safety and effectiveness of generic medicines is not always good.
Therefore, the generic product may be identical in composition to the branded
product, but the public may still purchase the more expensive branded product as
there is a perception that the generic product will not work as well as it costs less.
Setting the right price is an important part of effective marketing. It is the only
part of the marketing mix that generates revenue (product, promotion and place
are all about marketing costs) (www.tutor2u. net/business/marketing). ‘The price
of a product may be seen as a financial expression of the value of that product.
For a consumer, price is the monetary expression of the value to be
enjoyed/benefits of purchasing a product, as compared with other available items.
The concept of value can therefore be expressed as:

(Perceived) VALUE = (perceived) BENEFITS – (perceived) COSTS’
(www.tutor2u.net/business/marketing)
According to (www.tutor2u.net/business/marketing), ‘the pricing objectives of
businesses are generally related to satisfying one of five common strategic
objectives:
Objective 1: To Maximise Profits

Although the ‘maximisation of profits’ can have negative connotations for ‘the
public’, in economic theory, one function of ‘profit’ is to attract new entrants to
the market and the additional suppliers keep prices at a reasonable level. By
seeking to differentiate their product from those of other suppliers, new entrants
also expand the choice to consumers, and may vary prices as niche markets
develop.
Objective 2: To Meet a Specific Target Return on Investment (or on net

sales)
Assuming a standard volume operation (i.e., production and sales) target pricing
is concerned with determining the necessary mark-up (on cost) per unit sold, to
achieve the overall target profit goal. Target return pricing is effective as an overall
performance measure of the entire product line, but for individual items within the
line, certain strategic pricing considerations may require the raising or lowering of
the standard price. This objective normally relates to goods.
Objective 3: To Achieve a Target Sales Level

Many businesses measure their success in terms of overall revenues. This is often
a proxy for market share. Pricing strategies with this objective in mind usually
focus on setting price that maximises the volumes sold.
Objective 4: To Maintain or Enhance Market Share

As an organisational goal, the achievement of a desired share of the market is
generally linked to increased profitability. An offensive market share strategy
involves attaining increased market share, by lowering prices in the short term.
This can lead to increased sales, which in the longer term can lead to lower costs
(through benefits of scale and experience) and ultimately to higher prices due to
increased volume/market share.
Objective 5: To Meet or Prevent Competition

Prices are set at a level that reflects the average industry price, with small
adjustments made for unique features of the company’s specific product(s). Firms
that adopt this objective must work ‘backwards’ from price and tailor costs to
enable the desired margin to be delivered.
Tutor2u (www.Tutor2u.net/business/marketing) suggests that the factors that
businesses must consider in determining pricing policy can be summarised in four

categories:
‘(1) Costs
In order to make a profit, a business should ensure that its products are priced
above their total average cost. In the short-term, it may be acceptable to price
below total cost if this price exceeds the marginal cost of production – so that the
sale still produces a positive contribution to fixed costs. Care should be taken that
the difference between cost and price should not be confused.
(2) Competitors
If the business is a monopolist, then it can set any price. At the other extreme, if
a firm operates under conditions of perfect competition, it has no choice and must
accept the market price. The reality is usually somewhere in between. In such
cases the chosen price needs to be very carefully considered relative to those of
close competitors.
(3) Customers
Consideration of customer expectations about price must be addressed. Ideally, a
business should attempt to quantify its demand curve to estimate what volume of
sales will be achieved at given prices.
(4) Business Objectives

Possible pricing objectives include:
• To maximise profits;
• To achieve a target return on investment;
• To achieve a target sales figure;
• To achieve a target market share;
• To match the competition, rather than lead the market.
Pricing is affected by both internal and external factors. Internal factors which can
be controlled by the firm include:
• Company and Marketing Objectives
Marketing decisions are guided by the overall objectives of the company.
Corporate objectives can be wide-ranging and include different objectives
for different functional areas. While pricing decisions are influenced by many
types of objectives set up for the marketing functional area, there are four
key objectives in which price plays a central role. In most situations only
one of these objectives will be followed.
The four main marketing objectives affecting price include:

Return on Investment (ROI) – A firm may set as a marketing objective
the requirement that all products attain a certain percentage return on the
organisation’s spending on marketing the product. This level of return along
with an estimate of sales will help determine appropriate pricing levels
needed to meet the ROI objective.
Cash Flow – Firms may seek to set prices at a level that will ensure that
sales revenue will at least cover product production and marketing costs.
This is most likely to occur with new products where the organisational
objectives allow a new product to simply meet its expenses while efforts are
made to establish the product in the market. This objective allows the
marketer to worry less about product profitability and instead directs
energies to building a market for the product.
Market Share – The pricing decision may be important when the firm has
an objective of gaining a hold in a new market or retaining a certain percent
of an existing market. For new products under this objective the price is set
artificially low in order to capture a sizeable portion of the market and will
be increased as the product becomes more accepted by the target market
(we will discuss this marketing strategy in further detail in our next tutorial).
For existing products, firms may use price decisions to insure they retain
market share in instances where there is a high level of market competition
and competitors who are willing to compete on price.
Maximise Profits – Older products that appeal to a market that is no
longer growing may have a company objective requiring the price be set at
a level that optimises profits. This is often the case when the marketer has
little incentive to introduce improvements to the product (e.g., demand for
product is declining) and will continue to sell the same product at a price
premium for as long as some in the market is willing to buy
(www.KnowThis.com).
• Marketing Strategy
Marketing strategy concerns the decisions that marketers make to help the
company satisfy its target market and attain its business and marketing
objectives.
It should be noted that not all companies view price as a key selling feature.
Some firms, for example those seeking to be viewed as market leaders in
product quality, will de-emphasise price and concentrate on a strategy that
highlights non-price benefits (e.g., quality, service etc.)
(www.KnowThis.com).
• Costs
For many for-profit companies, the starting point for setting a product’s
price is to first determine how much it will cost to get the product to their
customers. Obviously, whatever price customers pay must exceed the cost
of producing a good or delivering a service otherwise the company will lose
money’ (www.KnowThis.com).
The external factors, (which are not directly controlled by the firm),
affecting pricing include the following:
o Elasticity of Demand
‘Market research and own judgement must continually be used to

determine whether marketing decisions need to be adjusted. When it
comes to adjusting price, the marketer must understand what effect
a change in price is likely to have on target market demand for a
product’ (www.KnowThis.com).
o Customer Expectations
Possibly the most obvious external factor that influences price-setting
are the expectations of customers’. ‘When deciding on a price
marketers need to conduct customer research to deter mine what
‘price points’ are acceptable. Pricing beyond these price points could
discourage customers from purchasing’ (www.KnowThis.com).
o Competitive, Related Products
Marketers have to look to market competitors for indications of how
price should be set. Analysis of competition will include pricing by
direct competitors, related products, and primary products. Pricing
by direct competitors involves an evaluation of the competitor’s
offerings (www.tutor2u.net/business/marketing).
o Regulation and Legislation
There are various legislations and Regulations that impact on the
marketing of a Legal Practitioners services and firm. Some of these
include the Rules as set out by the Law Society as well as the Statutes
and Regulation overseen by the Competition Commission. It is
imperative to establish which Regulations and legislation impacts on
the pricing structure of the service/s rendered as ignoring them could
have serious repercussions on the practitioner.
2.3.4 Promotion
In discussing promotion, one gives consideration to what to put in place to
promote the services that you are offering to the public. To gain a fuller picture of
the marketing mix and professional services a number of factors need to be
considered. They are:
• Personality - Of all the promotional items this is probably the most
important of all. It is absolutely essential that a Legal Practitioner is liked
by his or her client. The client is consulting you because he has certain
problems, and he is placing his trust in you. As a result, it is important that
he creates a relationship with the Legal Practitioner as this will inevitably
result in a long-standing business relationship being achieved.
• It is of interest that when conducting a survey in the United States it was
revealed that 70% of clients chose the Legal Practitioner because they liked
them. Many clients do not have the ability to determine which Legal
Practitioners have more skill than others. Your personality is what will win
them over and if you are then able to provide a service then you will retain
the client.
In considering personality, it is not only that you are a likable person but also you
must have other qualities. Clearly empathy is an important quality that a client
looks for in a Legal Practitioner. It is also important that you are available to
clients. Clearly you cannot always be available to one particular client as you are
engaged in other work but if you endeavour to attend to their needs as soon as is
possible, in most instances, will more than satisfy their needs.
• Presentation – In considering presentation as an aspect pertaining to
marketing there are two aspects namely the physical environment under
which you operate as well as the presentation of the work, which is
delivered.
In considering the presentation of work it is important that you provide good
quality work. Inevitably these will be documents, which will be retained by your
clients, and if the document is presented in a professional manner, it will create a
long-term perception of good quality work.
Example
For example, if you have done a conveyancing transaction or a contract or an Ante-
nuptial contract you should provide your client with a copy of the document in a
cover bearing the details of the firm so they will always have those details before
them. Should the situation arise that the document needs to be utilised at a later
stage the probabilities are very good that they will return to your firm to handle the
matter. For example, your client may in due course dispose of their property and if
you have done a good job with the conveyancing and they have before them a copy
of the Deed of Transfer, which bears the firm’s details, the probability is good that
they will refer the transfer to your office.
In dealing with the offices themselves this is always an area, which requires very
close scrutiny. It is imperative that you strike a good balance between acceptable
premises as opposed to premises, which are regarded as ‘over the top’, and
premises which are shoddy. Premises, which are regarded as ‘over the top’, can
often have a negative effect on clients who believe that exorbitant fees will be
charged so as to pay for these premises. On the other hand, if the premises are
shoddy and poorly maintained it will leave a negative impression upon the clients
believing that they are not dealing with good quality Legal Practitioners, and they
may seek an alternative firm.
As a result, it is important that you maintain premises that are clean

and tastefully decorated and the offices, which are utilised by the
clients, are acceptable. Many start-up firms and small law firms don’t
have the funds to have blue-chip offices, but even with a little money
you can have a well-kept, neat, and stylish office.

One must also not lose sight of the fact that the physical environment is important
to the staff. If they believe that they are operating in comfortable, well-lit offices
the productivity will be increased and in addition they will become happy contented
members of staff, and this will assist in your whole marketing operation.
One should also give serious consideration of trying to consult with clients in
consulting rooms, which are off the reception. This has the advantage that all the
offices do not always have to be in an immaculate condition, and they will not walk
through all the offices and possibly get completely the wrong impression of how the
practice is being conducted. If they merely are in your reception some well-
appointed consulting rooms will achieve the desired effect.
Note: Virtual events
In these tough economic times, advancing technologies are making virtual events not
only a less expensive replacement for physical meetings but also a superior one.
Virtual meetings and event technology can quite easily facilitate exchanging
information and networking.
In the future, the convenience, increased productivity, and cost savings of hosting
virtual events make them an inevitable replacement for physical events.
• Professionalism – The Legal Practitioners profession pride themselves in

the way they operate, and it is important that your firm and all its
employee’s portrait this degree of professionalism. Clients want to feel that
they are being dealt with in a professional manner and you must accord
them this professionalism. Coupled with professionalism is confidentiality
and both the professional members of the staff and the back-up staff must
be well coached in understanding how important confidentiality is and how
they must deal with all matters accordingly.
It can have a serious effect on your entire marketing operation and the
reputation, which your firm holds if there are breaches of confidentiality.
• Process – Process simply consists of ensuring that all members of the firm
do what they are required to do. It doesn’t appear to be a difficult task yet
if the chain breaks down it can have a detrimental effect on the marketing
activity. Process starts right at the top and carries right through the entire
office. Process can deal with the manner in which the Legal Practitioner
deals with the work and the delivery of services right down to how matters
are dealt with in the accounts department, the reception and the actual
handling of mail.
Process is an area where the managing partner or management needs to
be constantly monitoring. If the process within the office is smooth and is
operating well then there should be very little concern and it will add
considerably to the entire marketing operation in that the perception which

is created is that the office is well run, and client will have the necessary
confidence to entrust their work to the firm.
As we all know that there will always be some unforeseen stumbling blocks and
you need to prepare your client for possible delays. If you keep your client
informed and manage any challenges that you encounter the client will appreciate
your efforts and the situation won’t get out of hand where a client become upset
due to these unforeseen delays.
2.3.5 People
In the legal services industry people are the service providers and people are the
consumers.
The service of the practice will depend on the ability and dedication of the people
providing the service. Thus, who the practice employs make a difference.
Marketing should always be a consideration when appointing staff. What kinds of
people form the practice? Is the typical employee of the firm someone who would
make a positive impression on clients or potential clients? How do people feel
when they have been in contact with the staff?
The people who are served by the practice, will be word-of-mouth marketers of
the firm. These people will sometimes bring in more work for your business as any
other marketing tool. In some businesses the normal paid marketing falls away as
the word-of-mount referrals are exceeding the demand. It is important to
understand the clients being served. Relate to them and assess their needs
properly. (There is nothing more frustrating than a sales person who wants to sell
one something you do not want.) People generally appreciate good
communication. Regular feedback impresses clients. Clients have expectations
and if you can meet their expectations or manage them properly, they will
generally be satisfied. Staff should be trained never to promise what the practice
cannot deliver. Over-promising leads to under-delivering which results in client
dissatisfaction.
Under-promising leads to over-delivering which results in satisfaction, approval,

and positive word-of-mouth promotion. If you think you can have the contract
ready by next week Wednesday, promise it by the Friday thereafter. That way you
buy the practice time and if you do deliver by the Wednesday, you positively
surprise the client who was only expecting it two days later.
2.4 BUY-IN
For any marketing plan to succeed it is essential that all the participants buy into
the plan. This means not only the partners, associates, and Candidate Legal
Practitioners but all members of staff.
As regards the partners, their buying into the programme is often the most difficult
to achieve. The reason for this is that they believe it is taking up valuable time and

they cannot see any immediate return by way of fees.
Professionals are faced with fee targets and to achieve these fees they have to sell
time. Each billable hour becomes essential, and it is difficult to accept that these
valuable hours should be spent on marketing. Whilst they may appreciate that in
the long term it will achieve greater returns the expenditure of time does present
a problem.
It is important that the persons responsible for the management of the
firm realise the importance of marketing and accord it the necessary
attention that it deserves. As mentioned in other modules, it is often
management of partners and the distribution of profits, which presents
the greatest problems to management of a firm. This can be seen very clearly when
dealing with the marketing plan. The managing partner finds himself having to
orchestrate the plan and he needs the co-operation of all of the partners. Many of
them are reluctant to become involved in the plan and this lack of co-operation
presents a major problem to management.
In determining the distribution of profits many firms find themselves

concerned largely with the fees, which are generated by each partner
without taking into account many other criteria. The whole marketing
process and the ability to retain existing clients and attract new clients
is something, which is essential for the sustainability of any practice. In particular,
it is the retention of existing clients, which is even more important than the
attraction of new clients. Research has shown that 80% of new clients who are
attracted to a business are as a result of referrals by existing clients. As a result, it
is far more important that in your marketing you concentrate on your existing
clients as opposed to running after new business. Your successful marketing of
existing clients will bring you many new clients through the service that you have
provided.
One invariably finds that in a partnership the majority of partners have the
necessary skills to attend to the legal work. However, to find a successful rainmaker
is not that easy and they tend to be few and far between. It is accordingly necessary
that management gives credit for the ability to attract business, commonly known
as rainmaking skills. If management is able to create an environment where there
is a belief that marketing skills will be recognised and the necessary credit given to
partners who perform in this area, they will far more easily buy into the concept
and devote the necessary time to marketing. Support for promotions, which are
market, related need to be given the necessary credit and the partners who fail to
buy into the entire concept of marketing need to be managed.
As indicated previously it is not only important that the professional staff buys into
the marketing plan but a similar buy-in comes in from staff in general. It is
necessary for you to appreciate that virtually all your clients are dealing with your
back-up staff. Anyone who phones your office needs to deal with your telephonist,
anyone calling at your office will need to deal with your receptionist, anyone
involved in a conveyancing transaction will need to deal with a paralegal and so
forth. If the performance of your back-up staff falls short of the required standard
both in their delivery and their general treatment of clients, it will have a serious
adverse effect on the marketing of the firm and ultimately the performance of the
firm.
Accordingly, it is necessary for ongoing training to take place in respect of all staff
to keep them aware of the marketing strategy, which is being conducted by the
business. This can be done in terms of a general meeting of all staff at which the
whole plan is discussed, or it can be departmentalised. There is no doubt that both
forms of training are necessary.
The telephonist and the receptionist who may be different persons or who may be
one person doing both jobs certainly need specialised training. Courses are offered
whereby they are given training on how to deal with clients on the telephone and
how to deal with clients who are calling at the office. They are often neglected
members of staff and yet if they are marketing orientated and handle clients
correctly, they can create a very favourable impression of the firm. In particular,
they need to be trained how to deal with difficult clients and difficult situations
which arise. This will be dealt with in detail later.
There is no doubt that a warm greeting accorded to any client calling at the office
or telephoning certainly gives a very favourable impression of the firm.
One often finds that clients who have had a particularly pleasant experience with a
member of staff will advise the partner concerned of this pleasant experience which
they have had. It is important that you acknowledge to the member of staff who
has been complimented and if the situation warrants it or it arises, advice the entire
staffing body of the favourable comments which that member of staff has received.
It will encourage that member of staff to repeat this behaviour and make them
appreciate that their efforts are being acknowledged whilst at the same time
conveying to the rest of the staff how important marketing is and how conscious
you are of their efforts to market the firm.
Acknowledgement of the performance of staff is extremely important

and this will contribute significantly to the marketing plan. Some
practices have awards for a ‘staff member of the month’ or ‘of the
quarter’ and at the end of the year may have a special award for the
‘staff member of the year’. This will not result in a great outlay of money but the
spin-off to the practice, particularly in respect of marketing will be considerable and
will go a long way to ensuring that the staff buy into the entire concept of marketing.
Keep in mind that the Legal Practitioner is always responsible for the actions of any
staff member. Therefore, it is important that staff are properly trained regarding
the code of conduct to minimise risks of inappropriate behaviour.
2.5 LEADERSHIP
For a marketing plan to succeed it is imperative that there is leadership. The
managing partner or partner, who is entrusted with the marketing strategy of the

firm, needs to have drive and commitment to the plan and needs to be a person
with vision and initiative.
It is probably one of the most difficult areas for the managing partner to deal with.
The probabilities are good that he has no training in marketing and has to lean on
his experiences to devise a marketing plan. It will be possible for him to obtain
outside assistance, but the day-to-day hands-on marketing needs to be driven by
the managing partner. He will experience considerable frustrations in that many of
the partners and back-up staff will prove unco-operative, not necessarily due to
being obstructive but because their direction is not focussed on marketing but
rather on attending to the demands of the practice.
It is important that the managing partner allocates time to the whole

marketing plan, which he needs to constantly re-assess. It is always
difficult to determine whether any initiatives are achieving success or
not as marketing is difficult to measure. What is however certain is
that if no marketing plan is put in place, then the effects will be felt. It is interesting
to note that probably the most famous soft drink in the world is Coca Cola. For
many years they embarked on an extensive marketing plan to market their famous
soft drink. The marketing costs were considerable, and a decision was taken at
Board level that they would reduce the entire marketing operation in the hope that
this would increase the already considerable profits that the company was
generating.
Despite the fact that it was the most famous soft drink and was known worldwide
there was a marked drop in sales once they stopped advertising. This made it clear
that they had to reconsider their position and they decided to go back to their
previous marketing strategy, and this had the desired effect in that their market
share increased accordingly.
Example
It becomes essential that the managing partner or partner in charge of marketing
is constantly aware of developments. For example, if there is a new development
in the law which would require some media comment, he must be aware of this
development, have the necessary media comment drafted and have the necessary
connections with the media to ensure that publication takes place. The marketing
advantage to the firm is that the general public will then regard the firm as an
expert in that particular field and put the firm’s name in the public eye.
One cannot emphasise how important it is to ensure that the process is driven.
Professionals and staff all become totally embroiled in their work and lose sight of
the marketing strategy, which underpins the firm. As a result, it must constantly
be brought to their attention and must be managed.

Reflection Activity 1
Write a brief synopsis of each of the marketing elements described in this section
as they apply to your business. Indicate areas of priority and reasons thereof.

UNIT 3: INTERNAL AND EXTERNAL MARKETING
STUDY UNIT OUTCOMES
After completing this module, you should be able to demonstrate your understanding
of the difference between internal and external marketing as well as the elements of
each.
KEYWORDS
Internal marketing
External marketing
Database
Networking

Internal and external marketing
Internal marketing
External marketing/promotional options
Community/civic activities
Database
Personal networking

3.1 INTERNAL MARKETING
How you deal with existing clients is of paramount importance. We have already
dealt with the aspect of parking. This is something that clients regard as particularly
important and must be dealt with sensitively. If they are calling at your offices, then
you need to deal with the matter efficiently so that they do not feel irritated and
reluctant to call. The advantages of you calling at your clients’ premises have
already been dealt with.
How clients are dealt with on the telephone is something, which needs attention as
if it is not handled well, it can cause serious irritation. It is also a fact that the future
and success of your practice is in the hands of one of your lowest paid staff
members, the telephonist / receptionist The telephonist must be able to deal with
all incoming calls as quickly as possible. As noted earlier, specific training is
available for telephonists. Nothing causes more irritation to a client than having to
wait a considerable period of time before their call is answered and once it has been
answered that they do not receive the necessary attention. Accordingly, a system
must be devised that the telephonist will receive the incoming calls as quickly as
possible and make sure that the clients are dealt with as speedily as possible.
Telephone systems have been devised whereby each extension has its own individual
line and accordingly these must be made known to clients so that if possible, they
will dial the number directly. This avoids the switchboard being blocked and calls will
go directly through to the person whom they wish to deal with. If the call is not
answered quickly because that person is not available, or engaged, then the
telephone system must be equipped to ensure that it moves to another person after
a few rings and that the person is not left holding on. Alternatively, if there is no
answer a system exists whereby a message can be left.
A good competent telephonist is a huge advantage to the firm and if she has been
in your employ for some time she will, after a period of time, begin to recognise
the individual clients who are phoning, and that recognition counts a lot.
A telephonist must also be trained how to deal with awkward situations and to be
able to request the managing partner to deal with what appears to be an awkward
problem or a potential complaint. She at no time must be confrontational but quiet,
obliging and polite. As previously mentioned, a good telephonist will add great value
to the firm.
Another point which needs to be dealt with is the handling of clients on the
telephone once the call has been directed to a professional or staff member. Many
Legal Practitioners are reluctant to take direct calls from clients. As a result, clients
often find themselves being interrogated by the telephonist and/or the secretary as
to who they are and what their dealings are with the partner in question. This does
not create a particularly favourable impression and does not add to the concept of
the partner’s availability. If it is at all possible partners should consider taking calls
directly without the client first being interrogated.
Clearly there are situations where the partner concerned is busy in consultation or

trying to complete an important task and he is reluctant to take the call. For
whatever the reason may be what is important is that calls are returned. One
emphasised earlier the question of the personality of the Legal Practitioner
concerned and that is to a large extent eroded if there is a marked reluctance to
return calls. It leaves the distinct impression that the client does not count and/or
the director is too busy to deal with them. Legal Practitioners must return calls
preferably on the day that they are made and as soon as possible. It often adds to
the whole marketing concept if you have been busy in Court all day, return late in
the afternoon and then contact clients after hours. It creates the impression that
you are concerned about them and in addition that despite you being a busy Legal
Practitioner that their needs are paramount to you.
The dealing with the clients on arrival at the premises also needs attention. It is
essential that they get dealt with by the receptionist as quickly and politely as
possible. It is equally important that they are not expected to wait for a lengthy
period of time in the reception to be attended to. As soon as a partner is aware that
his client has arrived, he needs to attend to the client and not leave him waiting in
the reception unless there are very good reasons as to why the client cannot be
dealt with immediately. If a client cannot be dealt with immediately then an
explanation needs to be afforded to the client and clearly, they must be offered
refreshments.
Tea or coffee must be made readily available and if it is being served then ensure
that it is served in a presentable manner with decent crockery and cutlery.
It is also important that you ensure that the reception area is kept as
clear as possible. This must not be an area which is a meeting place
for members of staff. Nothing can have a worse effect on a firm if
clients, when waiting in the reception, overhear conversations taking
place between members of staff, often when they are criticising one
another or airing problems that they are experiencing. That is why it is important
that clients be dealt with as quickly as possible and if there is to be a delay, it
possibly is in the best interest of all concerned if the client is shown through to one
of the consulting rooms where they can enjoy their refreshments without remaining
in the general reception area.
Many firms, in their efforts to rationalise staff, have the receptionist also acting as
a cashier. Apart from the security element and the fact that she is unable to
concentrate on the accounting task, it has the effect of cluttering up the reception
as a client wanting to pay money will often be trying to ascertain what the balance
is and result in clients who are calling having to wait for some time to be attended
to.
Once you have come through to meet the client and have commenced the
consultation it has a very good effect if you are able to put them at ease in the first
few minutes by having some casual conversation, which will cause them to warm
to you and make the consultation far more beneficial. Once the consultation has
ended you must accompany the client to the exit and bid them farewell.
Two small firms of three partners each have merged into one large firm. One of the
reasons for the merger was the rationalisation of staff, e.g., no need for two
receptionists, bookkeepers, messengers etc. As a result, some of the staff were not
employed in the merged firm and were retrenched. This has been a great cause of
concern and morale in the new merged firm is not good. Discuss how you would
deal with the internal marketing so as to ensure that the staff support the new
merged firm and market it to clients accordingly.
3.2 EXTERNAL MARKETING / PROMOTIONAL OPTIONS

In devising a strategic plan in respect of marketing one has to consider the various
promotional options that are available.
3.2.1 Entertainment
Entertainment can take various forms in that it can be a very small one-on-one
entertainment; it can constitute slightly larger groups or can be large corporate
entertainment.
In dealing with entertainment, one needs to ensure that the form of entertainment
that you decide upon is suitable and acceptable to the client in question.
Entertainment on a one-on-one basis can be very beneficial although clearly it is

time-consuming in that a large amount of time is being spent on one individual
client. However, if that client warrants that attention, then you must not feel that
it is a time-wasting operation.
Lunch for top executives is often frowned upon as they find it far too time-
consuming. One might find that in dealing with a top executive that it might be a
far more beneficial form of entertainment for you to spend an evening out with
them involving both the client and his/her partner. If a situation is created
whereby, you have become well acquainted with the executive and his spouse and
he has a similar relationship with you and your spouse then you have cemented
an extremely beneficial relationship to the firm.
On the other hand, it is also important that in respect of any corporate

client that you determine who the work-givers are. These are the
people who ultimately determine where the work should be allocated.
These people you must ensure are entertained and entertained
lavishly. They often will consist of middle management and their assistants and
lunches are something, which they find meaningful and enjoyable as it represents
a form of occasion. It is not something that these people often do, and they regard
it as a treat. Should you decide to hold such entertainment it is important that you
incorporate members of your staff who deal with the work-givers so that a
complete relationship is built up between your firm and the corporate client.
Corporate presentations, which would consist of a considerable number of clients,

can also be successful. These would take the form of a guest speaker who is a
person of some note and who is invited to provide the address. After the address
a form of cocktail party would take place. Clearly a considerable number of people
do not allow you to concentrate for long on any particular client, but it does allow
you to involve a lot of clients on one occasion and presents a good image of your
company. Often if the person providing the keynote address is a person of some
importance you will find that you are able to get media coverage, which again is
good for your marketing plan.
If your intention is to entertain the top executives of one particular company, then
some degree of novelty might be incorporated into the occasion. Involving a
celebrity creates an undeniable buzz and instantly adds a level of glamour, which
will greatly contribute to an unforgettable event.
For larger firms there are possibilities of becoming involved in sporting events with
clients. These can also be family orientated and are usually extremely enjoyable
as not only does it involve the participants, but the clients will bring their families
and they will join in a braai or some other form of entertainment after the event.
This certainly can be very beneficial in forging long-term relationships between
the firm and the client.
3.2.2 Client training

This form of promotion can be extremely valuable for firms. Client training usually
involves in-house seminars to an important client dealing with their particular field
of work. If, for example, you act for a bank and are doing foreclosure work then
all the personnel who are involved at the bank would be invited to the seminar.
You would clearly have all your staff who deals with the client present.
The training would take the form of a discussion whereby you would
explain the entire process to them, starting from the time that
instructions are given to the completion of the mandate. It is
important for clients to be aware of what your requirements are to enable you to
complete the work well, quickly, and successfully. It is advisable that you provide
them with a brochure which would set out the entire procedure which is a
document that they will have readily available to them which they could utilise in
their offices and provide them with a greater understanding of the legal process.
You must also not be afraid to explain to them the procedure should the matter
become defended as defended actions take a long time to complete and they must
understand the reason why these delays take place. You should make the
discussion as relaxed as possible and give them an opportunity to raise as many
questions as possible.

At the conclusion of the presentation a small cocktail party could take place, which
would enable you to interact with their members of staff. Again, your staff who
are involved with them on a day to day basis should be encouraged to attend the
cocktail party.
3.2.3 Client seminars

This is an area which can be extremely productive as far as the marketing
operation is concerned. It is an opportunity for the firm to address clients and
prospective clients on any particular aspect of the law which they believe would
be beneficial and of particular interest to those clients.
For example, there may be new developments in Labour Law or in

Taxation or you may in fact attach it to the annual budget. You would
identify those clients who have a particular interest in that particular
aspect of the law and invite them to the seminar. Later in this training
guide we will deal with the client database but if it is up to date and correctly set
up you will easily be able to identify the clients to whom this particular seminar
would be of interest.
This would have the advantage of portraying to your clients that you have
expertise in this particular field of law, and you are able to deal with aspects of
labour or taxation as the partner concerned clearly has the necessary skill. It is
important that you are confident that the partner concerned will give a competent
presentation as it does not portray a good image to the firm if, even if he has the
necessary knowledge, he is not a particularly good speaker.
Whether a charge is to be levied for the seminar is optional. Some firms believe
that if there is a large attendance it will be beneficial to levy a charge as it is a
form of revenue and gives the impression to the people attending that there is
some value. In addition, one finds that once people have paid for a seminar, they
are far more like to attend than to stay away.
Once more, once the seminar has been concluded it will be an opportunity to
entertain the clients by providing refreshments and informal discussions which can
then take place on the subject of the seminar.
Example
What is particularly important is that a register is taken of all those who have
attended, and that follow-up takes place. If, for example the talk is on Labour Law
then you will add all these names to your database representing Labour Law
clients.
You could then create a Labour Law newsletter and once any aspect of Labour Law
arises which would be of interest to your clients then you would drop them a line.
It has the effect of reinforcing your position as their Labour Law Legal Practitioners
and there is no doubt that should any problems arise in this field, they will turn to
you for advice.
3.2.4 Public speaking
Example
This is something that does not take place very regularly as occasions do not
regularly arise that Legal Practitioners will give talks on legal issues. However,
situations do arise and if you have someone in your firm who is competent and
you are approached, you should certainly afford yourself of the opportunity.
An example would be the local Chamber of Commerce who may wish something
to be dealt with by all their members. Those opportunities must be seized upon
as it will certainly help promote the name of your firm and in addition your partner
who has given the address will be perceived as a person of some expertise in this
area and may well result in him attracting work.
3.2.5 Brochures
Most firms at some stage will provide a glossy brochure which deals with the firm.
It will set out a brief history of the firm, the firm’s mission statement, and the
professionals who make up the firm with their various areas of expertise.
This can be an extremely expensive exercise in that the costs of publication are
high. Often one finds that the benefits which are derived from the brochures are
very limited indeed. If one is putting out a brochure it is important that it is
impressive to create the right image of the firm, but this of course has the
corresponding effect of increasing the publication costs. Often one employs an
outsider to help compile the brochure which has further add-on costs. One finds
that the brochures are distributed to a limited number of persons and often they
just gather dust. As they become outdated with the change in personnel they
continually have to be updated with the corresponding costs.
As a result, a firm should give a lot of thought as to whether in fact they should
embark on this form of marketing. However, it may be such that it is necessary
for a new firm as they have no name, and they are endeavouring to attract new
clients. What may have the desired effect is a personal call to the prospective
client with a presentation and the brochure is then left as a reminder to the client
of the firm and its fields of expertise.

3.2.6 Client newsletters
This is an extremely useful instrument to enable firms to keep in regular contact
with their clients.
As mentioned earlier it is always extremely difficult to determine how effective a

marketing plan is but there is no doubt that marketing is like a dripping tap in that
there must a constant reminder to the client of your existence and your expertise,
and a newsletter goes a long way to achieving that effect.
They too can be expensive in their production in that over and above the
production costs one will be faced with a large postage bill. It is also time
consuming as the professionals in the firm will be responsible for the articles. The
managing partner will find himself having to drive the partners to obtain the
necessary material as they invariably place it low on their priority list as they are
chasing fee targets. What they lose sight of is that if they are able to communicate
to a large number of clients on some aspect of law the possibility does exist that
they will attract new work.
It is important in selecting the articles that you find matters that will be of interest,
and which are topical. In addition, it must be very easy to read. One must not lose
sight of the fact that the people receiving the newsletters are not people who have
been legally trained. Far too often firms produce newsletters full of legal jargon
which are totally meaningless to the reader and appear to be nothing more than
an edited version of the law reports. It must be easy reading and the client must
be left with a clear understanding of the aspect of law that you are dealing with.
Example
It is often useful to include in your newsletter changes in the law with a view to
attracting work to your firm. For example, some years ago legislation was
introduced that domestic workers required contracts. If this is dealt with in your
newsletter advising clients of the need to draw up such a contract, there is no
doubt that you will attract clients who need assistance in this regard.
It is also an area which allows you to make your clients aware of the composition
of the firm and in particular enables you to introduce a new professional to clients.
The most important aspect of the client newsletter is to ensure that your data-
base is up to date. There are constant changes in personnel and each director
must be responsible for ensuring that he adds and deletes to his database as
changes occur.

Example
It may be such that you may put out a special newsletter dealing with one
particular aspect of the law. For example, you may decide to put out a newsletter
dealing with issues relating to education and those can be distributed to all schools
and tertiary institutions. That will leave the educational fraternity with the clear
impressions that you have expertise in this field and may no doubt result in work
being referred to your firm in that area.
3.2.7 Pamphlets
An effective marketing tool used by some firms is to use pamphlets. These can be
on different aspects of the law and available to the clients calling at the offices.
On the other hand, tastefully done pamphlets on a specific aspect of law can be
placed strategically to attract business. If the firm is active in Third Party claims,
then such a pamphlet can be left at doctors’ consulting rooms where patients will
have easy access to them. Often, they will have been involved in a motor collision
and will be seeking a firm of Legal Practitioners to assist them with the claim.
3.2.8 Public relations and the media

This can be an extremely useful tool in your marketing campaign.
The radio and the newspaper receive very wide listenership and
readership and if you are being regularly quoted in this media you
will derive considerable benefits. From the outset it is important
that you form a relationship with the staff at the radio and the
media who are likely to give you the necessary exposure. Once you have formed
the relationship you need to be able to act quickly when the appropriate situation
arises.
They will sometimes require comment on some important issue and will require it
to be provided immediately. Your failure to respond to their request will result in
you not being contacted in future and you losing an important opportunity in your
marketing strategy.
If the firm is involved in a high-profile case, then the marketers must ensure that
the media link the firm to the case in the reporting of the case in the newspaper.
3.2.9 Advertising
For years and years, the Law Society has debated whether legal firms should be
allowed to advertise. It was regarded as a huge breakthrough when the decision
was reached that firms could advertise their legal services. What was essential

was that when advertising their legal services, they could not claim an unfair
advantage over any other firm. However, it became evident very quickly that Legal
Practitioners did not regard advertising in the media or the radio or on television
as part of their marketing strategy. Similar trends exist overseas where very
limited advertising takes place through this media. Initially it was probably felt by
many professionals that it was undignified for them to advertise in this way, but
the reality of the situation is that the benefits to be derived from such advertising
are extremely limited particularly taking into account the costs of such forms of
advertising.
3.2.10 Sponsorship
Firms are constantly approached to provide some form of sponsorship. These can
be of a very small nature being an advert in a local school magazine to be
something far more substantial. As far as promotion of the company is concerned
these will have very limited success rates. One finds that in effect what you are
doing is answering a request from an existing client so as to continue to forge
close relationships that you have as they regard you as their Legal Practitioner.
If you are looking for an immediate quid pro quo insofar as incoming work is
concerned you will be disappointed. However, if possible, you need to respond to
cement the relationship.
3.3 COMMUNITY / CIVIC ACTIVITIES

One must always encourage the partners to become involved in outside activities.
The direct benefits will not be great, but it means they are being exposed to the
wider community and they are spreading their network as will be seen later,
networking is a vital component of marketing. Partners accordingly should be
encouraged to become part of the local school board, or alternatively a sporting
club as that will increase their circle of contacts considerably.
3.3.1 Websites/internet/Google Ads

The marketplace today relies heavily on the internet. The World Wide Web is
consulted at a whim. Legal practices benefit from an internet presence in at least
four important ways.
Firstly, if someone knows about the firm and they want to establish whether it is
a firm of substance, the website of the firm is consulted. If the website impresses,
the firm is regarded as a legitimate provider of legal services and the marketing
points have been scored.
Secondly, clients who do not know about the existence of the practice, can be
reached and gained for the firm provided that they come across the website while
surfing the internet.
Thirdly, it overcomes the firm’s geographical limitations. A client in Pittsburgh,

Pennsylvania, USA can easily reach and be informed of a local Legal Practitioner
to represent it. As the world has become more of a global village, the need for
overseas clients or Legal Practitioners to seek South African Legal Practitioners to
assist them, has increased. One of their sources to locate local firms would
invariably be the website.
In the fourth instant, websites can be linked to other online services which can
provide a map to the practice and thus point to the firm’s precise location.
Firms are introduced in cyberspace by their websites. Setting up a website need

no longer be a costly exercise. However, it should be set up properly in order to
reach the maximum amount of clients and potential clients.
A website should make a good first impression for new clients, but it should also
be authentic and be a fair representation of the firm.
The website visibility in cyberspace can be improved by actively applying it and

other on-line tools. This is referred to as Search Engine Optimisation (SEO). There
are companies that provide an SEO service but employing them can be a costly
exercise. It is however important to at least constantly update the site and link it
to important other internet applications such as social and business networks,
YouTube and Google Maps. (For the more adventurous, the use of Meta-tags and
even counting applications can be applied.)
There are many social and business networks and the practice involvement with
any or all of them will depend on the size of the practice and its capacity to
maintain a presence on such networks. Some of the most visible social networks
are Facebook, Twitter, Linked-In, MySpace. Instagram, Google Plus and a
multitude of others.
NB: Be careful and think how you wish to access these sites bearing in mind the
client and your practice type.
Participation is free unless the practice intends to use the commercial advertising
services available with the networks. The practice should only register with those
networks it can cope with by regularly updating the firm pages on the network.
Also note that some of the networks have a dedicated part for business. (So, for
example, Facebook has introduced Facebook Pages which is an open platform on
which businesses can register and market.)
YouTube has grown to be a major broadcaster of video internationally. More and

more South African firms are using this platform to get their message out.
YouTube publishing can be done free of charge and can contribute to SEO as
referred to above.
With the gigantic growth of mobile technology, lawyers have also started to create
software applications (apps) for marketing their practice and enhancing their
contact with clients. See for example Los Angeles Attorney Dennis P Block who
has created the iPhone app EVICT123 which is a dedicated landlord assistance
application allowing users of the application to exchange information on status of
cases between Practitioner and client. The clients enter the invoice number and
the property postal code and the exchange about the status of the case takes
place. The application also has a push button which allows for a fast e-mail enquiry
and another one to call the Practitioner directly. Under the heading “Have your
notice reviewed”, the user can take a picture of a legal notice or attach it from the
gallery on the cell phone. The law firm then undertakes to review the sufficiency
of the notice and revert to the user. Documents that the Legal Practitioner requires
the client to sign, are submitted to the client and the client is then encouraged in
the application to take a picture of the documents once they have been signed
and send them via the application to the Legal Practitioner. There are also other
convenient push buttons which make communication easier. One button links to
the Twitter social network. The latter is a list of tweets by the Practitioner.
Another example of such an application is the Bin Hadar, Advocates and Legal
Consultants app which can be downloaded from the iTunes or Android stores.
South African firms are coming up with some smart apps too, so best familiarise
yourself with these as well.
The new trend is Google Ads where you have landing pages (similar but a shorter
version of your webpage). You can advertise a specific service that you offer. This
tool has to be managed properly to ensure cost don’t run up to high to quick. You
pay for each time that a potential client clicks on your ad to read it. By proper
management and the correct key words your ad can appear on top of a page when
a potential client searches for a specific service. Google Ads can be very good or
very bad. One of the main factors of Google Ads are the response time. Google
Ads only work well if you respond quickly and follow up on enquiries. If you wait
for the client to eventually make a decision, they will go with the business that
respond the quickest.
Digital marketing for your law firm

In today’s ever-changing technological age, it can be overwhelming to keep up with
current trends. The Internet is revolutionising the way in which law firms do business.
For law firms, the time has never been more critical to create a web presence. Not only
does advertising online increase your visibility and offer creative new ways to promote
your services, but it has rapidly become the standard by which you are judged by
potential clients.
Remember - Marketing is on a digital trajectory and getting to be digital is important
in creating awareness of your firm. This digital strategy must be carefully considered
as the message creates your footprint. Quality and careful positioning is very important.
3.3.2 Promotions
Promotions may be divided into promotional items and gifts.

• Promotional Items
Many firms stock promotional items which have the effect of advertising the
firm. These can take the form of pens, notepads, calendars, bookmarks,
and the like. This is often not an expensive form of advertising and can be
very effective as the recipients will utilise these items on a regular basis and
the name of the firm will remain prominent.
• Gifts
Firms, particularly at the end of the year, present gifts to their clients. Once
more, one must be careful in this regard to see that there are no
contraventions of the Legal Practice Council’s Rules but if it is done
tastefully, it could achieve the necessary marketing effect. What one should
be particularly aware of again is to determine who the work-givers are and
to ensure that if you are presenting gifts that they are the recipients. What
about a gift that amounts to the buying of work? This is unlawful for a Legal
Practitioner and all in the firm should be discouraged from doing so.
In Law Society of the Cape of Good Hope v Berrange 2005 (5) SA

160 (C) an Attorney was suspended from practising for two years for
rewarding the referral of conveyancing work.
The Court analysed the transactions as follows:

“The most plausible explanation of the evidence, viewed in its totality, is
that the conveyancing work referred to respondent’s firm from Seeff and
Pam Golding was generated as a result of the agencies inviting their clients
to refer their conveyancing work to respondent’s firm. The amount of money
paid to them must have been a very strong inducement to the agencies to
recommend the services of respondent’s firm to their clients…The most
plausible explanation is that the schedules were prepared to substantiate
the claim for payment at the rate of R1 000 per transaction.”
The Competition Tribunal has also referred to the fact that touting for work
can amount to anti-competitive behaviour. In Venter v Law Society of
the Cape of Good Hope and Others (014688) [2013] ZACT 103 (14
October 2013) it said:
“Indeed, direct solicitation, might well act contrary to the pro-competitive
aspect of the consumer coming to an informed decision, because in direct
solicitation the consumer is informed of one service - that of the solicitor’s
principal, and then induced at the same time to give the instruction. This
suggests that the decision of the consumer in those circumstances is more
likely to result in an uninformed one, as the ability to compare services
offered or prices with other offers is not present.”
3.4 DATABASE (MARKETING DATABASE)

As mentioned previously there is no doubt that one of the most important, if not
the most important, asset of a legal firm is its client database.

There is often debate in firms about which database software should be utilised and
there is often discussion as to what costs should be incurred. However, this is an
area in which you should not try and cut costs. There is no doubt that it is worth
every cent that is spent.
Cloud computing
Law firms are increasingly using cloud computing as an alternative to ‘traditional’ IT
provision. Cloud computing has a number of advantages, but it also carries risks which
law firms should navigate carefully.
It requires very good discipline on behalf of all the partners to ensure that it is kept
up to date. Each and every time a new client is secured then all that client’s details
must be sourced, and the details entered on the client database.
One area which is often difficult to keep updated relates to large corporate clients.
One tends to find that there are constant changes in the personnel and even within
the corporate organogram. You need to constantly be updating it to ensure that
you keep abreast of the changes.
Computerisation has proved a great asset in respect of the database

as it enables you to effect changes quickly and easily. What is even
more important is that computerisation allows you to categorise the
clients. As a result, if for example, there is a major development in
Labour Law, you can utilise the computer to source which clients are
interested in Labour Law and ensure that that particular mail shot is sent only to
those particular clients.
3.5 PERSONAL NETWORKING

There is an on-going debate as to whether one should be marketing a firm or
whether one should be marketing individuals. They both have advantages and in
determining your marketing plan it is essential that you take both into account.
If a firm has been long-established, it is very easy for the firm to be marketed as it
has a name which is well-known within the community. As a result, a marketing
strategy needs to be employed which will ensure that the name of that particular
firm becomes well-known within the community. It is important that the name of
the firm is constantly kept before the public so that it becomes a household name.
One needs to try and achieve a situation that any prospective clients when
considering who they should refer work to will search for a firm well-known to them
and will then contact the firm for assistance.
On the other hand, there are also considerable advantages in being able to market
the individuals who make up a firm. If a partner is particularly well-known in a
particular field, then he should be marketed as far as that area is concerned and he
should become a household name as regards that particular field of law.

Example
If, for example, one is dealing with family law and you have an expert within your
firm, then you need to market his name. That can be done by ensuring that he
comments at any point in time on any issue relating to family law and give seminars
at any particular opportunity.
One has seen instances where Legal Practitioners who are not well-known in the
community have achieved prominence in one particular facet of law. A very good
example related to a development which occurred in South African law when the
Supreme Court of Appeals was requested to determine whether a view was a factor
to be taken into account in determining value of property. A neighbour sought to
improve his property, but the improvement would have the effect of reducing the
view of his neighbour and as a result potentially devaluing the property.
All of a sudden, the whole issue of view became something of national interest. The
Legal Practitioner who had dealt with the issue, this being the first time he ever
dealt with such a case, became regarded as an expert in that field.
Astute marketing through the media resulted in his name becoming associated with
views and there were considerable benefits to be gained by the firm in this
marketing campaign. Accordingly, one needs to look at each individual situation to
determine whether it is the firm you are marketing or the individual. Irrespective
of which choice you make, if the strategy is successful, it will result in increased
income for the firm.
One must never under-estimate the value of networking. That networking can be
something which is a very close connection or may be reasonably distant, but the
network may well result in business being generated.
Strong tie networks are made up of people with whom we have a close relationship,
such as close family friends, family members of even other firms of Legal
Practitioners who will refer work to you. Weak tie networks are made up of
acquaintances, old school mates and people whom you have been connected with
through some community development and yet whom you are not closely
connected with.
Irrespective of whether the network is a strong one or a weak one, it is something

which must be fostered as the benefits can be considerable. What you must never
lose sight of is that the network which you have created will result in further
networking as the person with whom you have networked with will often be
requested to provide a referral and if you have continued with this network, you
may derive the benefits.

However, one must always understand that contacts require constant attention.
The result is that effective network users devote substantial efforts to maintaining
and expanding their networks. If you become a good networker, it will happen as
a natural part of your marketing operation, and you will then be a regarded as a
good rainmaker and ultimately prove an extremely valuable member of your firm.
The marketing of a large firm (more than 10 partners) is a lot different from that
of a small firm (say 2 partners). Discuss the two strategies you would adapt to
market a large and a small firm.
Your firm has a large Corporate client base dealing in Commercial and Litigation
work. It has become evident that a Labour Law specialist is required to deal with
the client needs. An experienced Labour Law Attorney is employed as a partner.
Discuss how you would market the new Labour Law partner.
NOTES:
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UNIT 4: MARKETING PLAN
STUDY UNIT OUTCOMES
After the completion of this module, you should be able to draft your Marketing Plan.
KEYWORDS
Situational analysis
Marketing strategy and

objectives
Tactical programmes
Budget
Performance analysis

Marketing plan
Purpose and mission
Situational analysis
Marketing strategy and objectives
Tactical programmes
Budgets, performance analysis and

implementation
Additional consideration
4.1 INTRODUCTION
A marketing plan is required not only for a start-up firm, but also a practice already
in existence. The Marketing Plan is a very detailed, well researched and well written
report that is subject to evaluation. The purpose of a marketing plan is to plan the
yearly process within the marketing functional area, force the marketing personnel
to look externally in order to fully understand the market within which they operate,
sets future goals and provides direction for future marketing efforts that everyone
within the organisation should understand and support, is a key component in
obtaining funding to pursue new initiatives.
There are many ways of writing a marketing plan, but all of the plans must include
the following:
• Purpose and Mission;
• Situational Analysis;
• Marketing Strategy and Objectives;
• Tactical Programmes;
• Budgets, Performance Analysis and Implementation;
• Additional Consideration (www.KnowThis.com).

4.2 PURPOSE AND MISSION
It is important at the outset to explain to the reader what the purpose
and mission of the marketing plan is. If the audience is not familiar
with the firm, some background information should be included.
The purpose of the marketing plan section offers a brief explanation
of why the plan was produced.
The mission statement identifies the vision of the company answering questions
such as why is the company in business, what markets are served, benefits to the
customers, what is the philosophy of the firm and what services are offered. In
developing the vision presented in the mission statement, various considerations
such as the company history, resources, what the company’s competitive
advantage is, and finally the environment within which the company operates.
4.3 SITUATIONAL ANALYSIS

This is a ‘snapshot’ of where things currently stand. This situational analysis is time
consuming as it covers six areas, namely: service offered, target service, target
market, distribution, competitors, financial and other issues.
The service offered describes the firms offering in terms of the service attributes,
pricing and distribution.
The target market is a description of the company’s current target market which
information will have been obtained via research. Such research could be carried
out ‘in-house’ or by employing specialised market research organisations.
A service orientated firm will not generally distribute its product, however the
relevance for service firms with regard to distribution include the function of three
things; the capability, infrastructure and knowledge base to deliver the service to
the target market.
An examination of the main competitors serving the same target market is prudent.
Comparison tables may be used to describe competitors, discuss competitors’
strengths and weaknesses and discuss competitive strengths.
The financial analysis can be carried out with the assistance of graphs and tables
setting out the Current Sales Analysis and Profitability Analysis.
Other issues to be analysed include environmental properties and opportunities

describing trends, events and conditions that are external which may impact the
company’s offering. Areas of consideration include, social and cultural factors, the
demographics, economic situation, technological aspects, the political environment
and legal, regulatory, ethical issues.
A summary of the situational analysis could be presented in a SWOT analysis. The

SWOT analysis should be carried out both internally and externally to the company.
The SWOT analysis enables one to determine what the particular strengths of the
firm are and what weaknesses exist. Once the internal research has been
completed, an external research needs to be undertaken. This will reveal the
opportunities and threats present.
Once the SWOT analysis has been carried out and the results have been analysed
it then becomes necessary to devise the plan which will be put in place to deal with
the issues which have been raised. That will require a brain-storming session in
which ideas are formulated and discussed resulting ultimately in devising a
marketing plan.
It is important that all stakeholders are provided with an opportunity

of participating in discussions as, as mentioned previously, the
success of many a marketing plan is determined by a buy-in from all
the participants. It is pointless if the plan is devised without some
form of action plan being put in place. It is accordingly essential that one determines
who will be responsible for what activities, (roles and responsibilities) and deadlines
are then put in place for the achievement of the objectives.
4.4 MARKETING STRATEGY AND OBJECTIVES

Those reading a marketing plan need a clear picture of the direction the service will
take. Also, they want to see that some accountability has been built into the plan
so that the plan results in measurable actions. The best way to provide this
information is through a section devoted to identifying the key strategies and
objectives for the service. Three major issues that need to be considered are the
Marketing Strategy, Financial Objectives, and the Marketing Objectives.
The marketing strategy is the general marketing strategy under which the
marketing plan is being developed. The ideas to be employed include market
growth, (higher market penetration/finding new markets), market stability,
(keeping the status quo), cost control, (containing costs and operating more
efficiently), and finally market exit, (techniques to depart the market).
The financial objective is basically the effect that the marketing plan will have on
the bottom line. This reflects the income statement items and the common ratios.
Marketing success can be measured on several non-financial market metrics. These
measures are important since they often shed light on underlying conditions and
circumstances facing the company that are not easily seen within financial
measures. For instance, a company may report strong sales for a product, but
market share information may suggest the product is losing ground to competitors.
The marketing objectives section will indicate targets to be achieved across several
marketing decision areas.
4.5 TACTICAL PROGRAMMES

This is the heart of the marketing plan. It contains descriptions of detailed tactics
to be carried out to achieve the objectives and goals established in 10.3. It is
typically the longest section of the plan. In this section details and timetables are

presented for six key decision areas namely: Target Markets, Product, Promotion,
Pricing, Distribution and Other Areas. The idea is for the reader to see what was
planned and what is planned.
Where the target market as identified in the situational analysis remains

unchanged, there will be a continuation, but for new markets, more discussion is
required setting out best and worse-case scenarios when developing the sales
forecast including the target market description, the product/service positioning,
and sales forecast.
The section on product/service should discuss the decisions to be made for existing
or new products and services. All aspects of the product/service decisions
(branding, labelling, packaging) should be considered and not just the product
itself.
The decisions relating to how the product will be promoted is discussed in this
section of the marketing plan. In general, promotion consists of four major areas –
advertising, sales promotion, public relations, and personal selling – though not all
maybe used. Timetables for promotion are also important and should be used, since
certain types of promotions (e.g., magazine ads, trade shows) require long lead
times.
Price was dealt with in 2.3.3 above, and will not be repeated here, suffice to say
that pricing decisions can be a complicated undertaking that requires knowledge of
the market, competitors, economic conditions and, of course, customers. For this
section it is not necessary to provide extensive financial evaluation of the pricing
decision since most of this will take place in the section on budgeting and
Implementation, however, the use of tables and graphs may be helpful in showing
pricing trends and pricing decisions within various categories.
This marketing tactics section lays out the distribution plan for the product or
service. Distribution is a broad concept that includes all activities and entities (e.g.,
value chain partners) responsible for getting the product or service to the customer.
Two other areas that have not been looked at in detail in the discussion above is
customer support services and market research.
4.6 BUDGETS, PERFORMANCE ANALYSIS AND IMPLEMENTATION

This step consists of three key issues namely:
• The Marketing Budget presents a clear picture of the financial implications of
the plan. It also layout spending requirements necessary for meeting the
plan’s objectives;
• The Performance Analysis presents the expected results of the plan including
its financial impact.
This section should contain financial implications of the plan in terms of

contributions to the company’s bottom line, and finally,

• Implementation Schedule typically shows timelines and identifies those
responsible for performing tasks. It sets out how and by whom the plan will
be carried out, in other words, providing a detailed schedule of tasks and
those responsible for each task.
4.7 ADDITIONAL CONSIDERATION

Additional considerations are potential factors that may affect the plan, additional
to those already discussed above and outside of one’s control.
These include internal factors such as loss of key personnel and external factors
such as competitor reaction.
Having completed your articles and qualified as an Attorney you decide to start your
own practice, setting up office in a predominantly residential area.
Discuss the components of your marketing plan focusing on how you will secure
work for your new firm.

UNIT 5: ETHICS AND OTHER IMPORTANT ISSUES IN MARKETING
STUDY UNIT OUTCOMES

KEYWORDS
Ethics
Code of Ethics
Social responsibility
Ethics and other important issues in

marketing
Ethics in marketing and the marketing code

of ethics
Complaints
Client research
Criticisms of marketing
Social responsibility in marketing

5.1 ETHICS IN MARKETING AND THE MARKETING CODE OF ETHICS
Ethics is concerned with what is right and what is wrong. Often people assume that
only actions that violate the law should be considered unethical. Whilst it is true
that illegal activities are also unethical, unethical activities are not always illegal.
Think of an example?
There has been a call for marketers to become more responsible for their actions
and this has led to the development of a code of ethics by many companies and
professional organisations.
An organisation’s code of ethics includes extensive coverage of how business is

conducted by members of an organisation. These include:
• The business relationships one forges making sure that no unfair advantage
is taken of others through manipulation, concealment, use of privileged
information, misrepresentation of facts or other unfair dealing practice.
• Offering gifts to clients which are more than token value and goes beyond
common courtesies
• Taking care that all business communication is clear, fair and unbiased,
making sure that exaggeration, colourful language, guesswork and
derogatory remarks are avoided.
Marketers often join professional organisations for the purpose of associating with
like-minded people. These organisations include industry associations whose
membership is mostly limited to those who work within a particular industry, and
professional services associations, (Legal Practice Council), whose membership
consists of those who share similar job responsibilities. These professional
organisations have a set code of ethics which every member subscribes to and is
measured against.
(www.tutor2u.net/business/marketing and www.KnowThis.com)
When a statutory regulator such as the Legal Practice Council prohibits a form of
marketing to protect the public, such prohibition is not necessarily anti-competitive.
In Venter v Law Society of the Cape of Good Hope and Others (014688)
[2013] ZACT 103 (14 October 2013) at paragraph 80 the Competition
Tribunal put it as follows:
“It is by no means obvious that the prevention of one form of marketing entails a
substantial lessening or prevention of competition.”
The Code of Conduct published 29 March 2019 Rule specific on the following:
• Rule 8 which will deal with members advertising themselves as specialists or
offering specialist services;
• Rule 12 which will regulate the sharing of fees with non-Legal Practitioners;
• Rule 13 will prohibit the sharing of Attorney’s offices with non-Legal

Practitioners who are not employed by the Attorney involved;
• Rule 14 will prohibit unauthorised early paying of commission to agents;
• Rule 15 will deal with the naming of partners and practices;
• Rule 16 will regulate the replying to communications;
• Rule 17 will regulate the naming of one’s firm as transferring Legal
Practitioners in deeds of alienation;
• Rule 18 will deal with specific provisions relating to conduct of Attorneys; and
• Rule 49 will deal with the acceptance of gifts by Advocates.
What are gifts and bribes?

Defining gifts and bribes may seem like a simple-minded activity, but try
posing the question another way, and you will see why this is an important
issue in legal ethics: What is the difference between a gift and a bribe? A gift is
something of value given without the expectation of return and a bribe is the same
thing given in the hope of influence or benefit.
Professional decisions are supposed to be made on the merits of the case, not
based on whether or not the decision-maker has received a lovely case of wine
from one of the parties. This is a simple matter of fairness. When decision-makers
take gifts, even if their professional opinion are not influenced, they give the
appearance of being on the take, which undermines public confidence in lawyers.
The other important regulator to take note of is the Advertising Standards

Authority of South Africa. Their codes, rulings and other important information can
be found at http://www.asasa.org.za/.
Be mindful that legislation also affects marketing and keep abreast of the Consumer
Protection Act No. 68 of 2008 and POPI. Know your law.
5.2 COMPLAINTS
One of the most important aspects of marketing is to deal with
complaints. If complaints are not dealt with properly, they can have an
extremely adverse effect on the firm. If they are dealt with correctly
and promptly one can often turn a complaint into an advantage.
One must remember that over 80% of all referrals to a firm come from existing
clients. Accordingly, it is absolutely essential and important that existing clients be
kept happy and if they become discontented because of a complaint it will have the
effect that they are likely to bad-mouth the firm to other persons and the whole
referral system will collapse. In addition, one must remember that Legal
Practitioners are also human and make mistakes like everybody else. Criticism
should not be taken personally, (even if it is personal), but dealt with professionally.
It may be that the client has a legitimate complaint which needs to be addressed.
With a professional attitude toward complaints, the individual Legal
Practitioner/member of staff and the firm as a whole can only improve its services.
The first important aspect of dealing with complaints is to ensure that the person
receiving the complaint is able to refer the complaint to a partner. As soon as the
receptionist and/or a secretary sense that the person on the telephone is
dissatisfied and wishes to lodge a complaint they must refer it immediately to the
managing partner. The partner must avail him/herself to deal with the complaint
and not baulk at ‘frivolous and petty’ things. A negative attitude toward complaints
can result in a firm losing many of its clients.
If at all possible, the managing partner should take the call immediately and deal
with it as politely as possible. In all probability the basis of the complaint is
something which will be unknown to the partner, and it is important that he hears
the complainant out.
He should allow the complainant to provide him with full details as to the nature of
the complaint. As he will have little knowledge of the complaint, he should then
advise the complainant that his intention is to investigate it thoroughly and that he
will revert to the complainant within a stipulated time. Again, it is important that
the time which he allocates to deal with the matter is as short as possible as the
complainant needs a resolution of the problem.
The partner must investigate the complaint thoroughly and then revert to the
complainant. If the fault lies with the firm, he must apologise for what has taken
place and advise the complainant as to the steps that he has put in place to deal
with the problem.
If the partner does not believe that the fault lies with the firm, he should give an
explanation as to the firm’s standpoint on the particular issue. It may be preferable
under those circumstances to invite the complainant to call so the matter can be
discussed thoroughly, preferably with the person against whom the complaint lies.
Once the matter has been resolved it should then become necessary for the partner
to follow up at a subsequent date to ensure that the complainant is satisfied that
the matter has been resolved.
There is no doubt that if the complainant is satisfied with the explanation which has
been given and the way that the matter has been handled, he will become an asset
to the firm and will forget about the nature of the complaint but in fact be more
aware of the way in which the matter has been dealt with. The client will be so
impressed with the way his complaint has been dealt with that he will have more
confidence in how his matter will be dealt with.
5.3 CLIENT RESEARCH

As indicated at the outset, marketing is providing clients with what they want and
need. Whilst you may believe that you know what clients want, preferably you
should endeavour to ascertain what they really want.
The best way of ascertaining what a client’s needs is, is to conduct a survey? This

can be done in various ways:
• by informal talks with clients;
• by conducting a detailed survey which will be done orally with clients;
• by sending out a written survey which you would ask clients to complete.
As regards a written survey there are specialist companies who assist in market
research, and they would be able to help in providing a survey which would provide
you with the information that you require.
Areas which you would be particularly concerned about would relate to the
premises, the service, which is provided, the level of expertise and the method by
which matters are dealt with. Once the survey has been completed it is necessary
for you to analyse the survey and then determine what the results have provided.
Once the results are known a plan then needs to be devised how to deal with the
issues which are of importance to the clients.
Jeremy Knott of the Internationally renowned law firm Clifford Chance says
marketing is ‘about talking to the client and the market and to deliver what the
market wants.’ Kim Tasso, a former marketing director now turned Consultant,
observed ‘the only way to find out what clients think is to ask them. Sometimes the
very fact of asking someone for their views generates goodwill and gets the right
messages about the firm’s willingness to listen and improve’.
You decide to conduct a survey amongst existing clients to ascertain their views of
your practice. Detail what you would set out in the survey to clients.
5.4 CRITICISMS OF MARKETING

As a result of marketing being a business function operating in close contact with
the public, this makes it open to criticism. There are a number of criticisms against
marketing. These include the following (www.KnowThis.com):
5.4.1 Marketing encourages people to buy what they don’t need

It is believed that marketers do not care about what clients need, but they
manipulate clients into making unwanted purchases. The reality is that true
marketers realise that such behaviour will not lead to loyal clients and is unlikely
to lead to long-term successful relationships with clients (www. KnowThis.com).
5.4.2 Marketers exaggerate product claims

Marketers are often criticised for embellishing the benefits offered by the product.

Sometimes, one comes across such unscrupulous individuals who tarnish the
name of honest marketers who have done their research of the both the product
and the clients’ needs. Fortunately, we have standards, laws, Regulation, and
Rules to protect the client from such misleading claims (www.KnowThis.com).
5.4.3 Marketing leads to environmental waste

This type of criticism is generally focussed on tangible goods and not on services,
in that the criticism is on the use of non-biodegradable packaging, continual
development of resource consuming products, the proliferation of unsightly and
wasteful methods of promotions. Marketers have begun to respond to these
concerns by introducing ‘green marketing’ campaigns that are take advantage of
potential business opportunities.
Example
An example of this is the solar-panels attached to the Nedbank Billboard in
Johannesburg. The billboard is situated on a piece of land belonging to a school
and is lit with the electricity generated by the solar-panels. The school benefits
from both the electricity generated by the solar-panels, and also the income it
earns from letting the piece of land on which the billboard stands.
(www.KnowThis.com)
5.4.4 Marketing discriminates in customer selection

One of the keys to marketing success is to engage in research resulting in a
deliberate process that identifies clients who offer marketers the best chance for
satisfying organisational objectives. This deliberate process of identifying specific
clients is referred to as target marketing. The critics contend that target marketing
is discriminatory especially toward lower income clients. What do you think?
(www.KnowThis.com)
5.4.5 Marketing encroaches on the clients’ right to privacy

The Constitution of the Republic of South Africa, in its Bill of Rights, confers
everyone with the right to privacy. Thus said, the gathering and analysing
information on the market in which marketers conduct business is a vital step in
making good marketing decisions. Marketers need to understand clients buying
behaviour and the factors that influence their purchasing decisions. This type of
information, if obtained unethically, could warrant the criticism of invasion of
privacy (www.KnowThis.com).
5.5 SOCIAL RESPONSIBILITY IN MARKETING

The marketing department is the public face of an organisation demonstrating that
they do not work in isolation form the rest of society and in fact they find that
greater opportunity exists if the organisation is visibly accessible and involved with
the public. There is a feeling that organisations are not just sellers of products but
also have an inherent responsibility to be more socially responsible, including being
more responsible for its actions and more responsive in addressing social concerns.
Being socially responsible means showing concern for society and the environment
in which the firm transacts its business. This means that everyone in the
organisation, and in some cases, the business partners such as suppliers, must
conduct themselves in a way that they promote the firm’s social responsibility
values (www.KnowThis.com).
In addition to ensuring these values exist within the organisation and its business
partners, social responsibility may also manifest itself in the support of social causes
that help society.
It must be noted that marketers who are pursuing a socially responsible agenda
should bear in mind that such efforts do not automatically translate into increased
revenue or even an improved public image. However, firms that consistently exhibit
socially responsible tendencies may eventually gain a strong reputation that could
pay dividends in the form of increased customer loyalty.
____________________________

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MARKETING

Training Guide The guide for 2024 has been

This training guide is intended as a supplementary Notes on Content

The content may not be a

Lifelong learning towards a just society © LSSA

Training Guide Topics

For more information

PMT MODULE 6 | MARKETING © LSSA

KEY OF ICONS USED IN TEXT ..................................................................1

CRITICAL OUTCOMES AND ASSESSMENT STANDARDS .............................2

UNIT 1: INTRODUCTION ..........................................................................4

STUDY UNIT OUTCOMES ..........................................................................4

UNIT 2: MARKETING – THE CONCEPT ......................................................9

STUDY UNIT OUTCOMES ..........................................................................9

UNIT 3: INTERNAL AND EXTERNAL MARKETING ....................................28

STUDY UNIT OUTCOMES ........................................................................28

PMT MODULE 6 | MARKETING © LSSA

UNIT 4: MARKETING PLAN ....................................................................45

STUDY UNIT OUTCOMES ........................................................................45

UNIT 5: ETHICS AND OTHER IMPORTANT ISSUES IN MARKETING ........51

STUDY UNIT OUTCOMES ........................................................................51

PMT MODULE 6 | MARKETING © LSSA

PMT MODULE 6 | MARKETING © LSSA

KEY OF ICONS USED IN TEXT

PMT MODULE 6 | MARKETING © LSSA 1

Critical Outcomes Programme Outcomes Assessment Standard

• Problem-solving Displaying logical, critical, Demonstrate logical, critical,

• Teamwork Practice as a member of a Demonstrate the ability to practice

• Self-responsibility Organise and participate as a Conduct duties and activities

• Communication Apply basic communication Demonstrate the ability to apply

• Macro-vision Solving problems by considering Demonstrate an understanding of

• Citizenship Participate with the groups Demonstrate the ability to

• Technology Introduce and use technology Demonstrate the ability to use

• Cultural and Demonstrate cultural and Demonstrate effective cultural and

PMT MODULE 6 | MARKETING © LSSA 2

PMT MODULE 6 | MARKETING © LSSA 3

STUDY UNIT OUTCOMES

You should be able to analyse a problem/situation when confronted with it in legal

You should be able to apply your knowledge by:

PMT MODULE 6 | MARKETING © LSSA 4

1. Kotler, P ‘Marketing Management’ United States Edition, 12th Edition. Wiley

1. Various related articles on www.tutor2u.net/business/marketing.

PMT MODULE 6 | MARKETING © LSSA 5

Marketing of legal services

Marketing – the concept Internal and external marketing

What is marketing? Internal marketing

Why market External marketing/

The marketing mix Community/Civic activities

Leadership Personal networking

Marketing plan Ethics and other important issues

Purpose and mission Ethics in marketing and the

Situational analysis Complaints

Marketing strategy and objectives Client research

Tactical programs Criticisms of marketing

Budgets, performance analysis and

PMT MODULE 6 | MARKETING © LSSA 6

The area, which has provided a considerable amount of controversy, relates to

PMT MODULE 6 | MARKETING © LSSA 7

PMT MODULE 6 | MARKETING © LSSA 8