This time last year I wrote a blog for the Gazette that predicted a major change in 2010. I suggested that solicitors firms and new legal service providers would be divided into two broad groups – those that used web-based systems to deliver services to clients and those that didn’t. I was wrong – that divide hasn’t been clearly seen yet and other marketing management questions have had a higher profile.

As with all research and development work, a negative result should be as valuable as a positive one. What analysis led me to that prediction, what was wrong with that analysis and how can it help us work out where to concentrate on in 2011?

Looking at this now I picked the wrong issue. While I maintain that web delivery will be a significant differentiator between firms in the future, what has emerged as the choice in 2010 is the promotional groups and other businesses offering to connect firms with new and existing clients.

Quality Solicitors, High Street Lawyer, Contact Law and several others have offered solicitors promotional solutions to protect their firms from the ABS-type businesses already here and planned for 2011. To join or not to join has been a question debated in many partners’ meetings around the country in 2010. This is still a valid marketing management question for 2011. What resources can your firm buy in to, to help protect and develop your firm’s market share? This remains a central question for senior and managing partners to consider.

The one issue that struck me while re-reading the article from January 2010 was the consumer or demand side of the legal services sector. The general consumer and SME business are still mostly unaware of the benefits of solicitors’ services, use them too infrequently to care or retain information, and are often afraid of the costs or consequences of instructing a solicitor. The Ministry of Justice’s ongoing and other consumer surveys may provide an indication as to whether the consumers and SMEs are changing their views on using solicitors.

For 2011 this lack of consumer understanding remains both a threat and an opportunity, while providing a valuable target for all concerned with delivering legal services. If your firm can regularly inform your past satisfied clients about the benefit of the services you offer while providing easy access for them to start to get a solution to their legal needs then you have the ability to compete in the market. There are many ways to achieve this, and lots of businesses able to help you understand and implement the changes needed to compete. However, the central point I missed in my prediction for 2010 was the slowness of solicitors’ firms to change and adopt new methods of working for clients.

Speed of change will remain a barrier to firms’ future success, so senior and managing partners need to consider this alongside the other marketing management questions. How quickly and efficiently can we change our firm to take advantage of the changing market? I would suggest there is still an ‘early mover’ advantage for some firms that take decisive steps forward in marketing management.

For 2011 I will attempt another prediction and again review it in a year’s time. The arrival of ABSs in October 2011 will come and go, but not with a big bang. We will continue to see innovations in the delivery of legal services and new businesses setting up to provide easy consumer and SME access to their legal services needs. Competitive pressure on prices and margins will only increase and we will see a lot more general legal advertising. Whichever side of the ABS fence you are on, efficiently and effectively providing legal services profitably to clients will remain the central management and marketing challenge. It’s still all to play for in 2011. The end of the article 12 months ago still remains true for 2011: ‘It will be the focus on servicing clients’ needs that will be the mark of success in 2010.’

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