The Barustors Report

COMPETITIVE INTELLIGENCE:
Avoiding Random Acts of Marketing


Legal Marketing Association (LMA) Bay Area Program

Held at the offices of Pillsbury Winthrop
San Francisco, April 10, 2002


COPYRIGHT 2002 THE COSMIDES GROUP. ALL RIGHTS RESERVED.


The legal marketplace is not very forgiving. Law firms that over-estimate the potential of a market, or merge with the wrong firm, may never recover from their mistake. Accordingly, law firms are beginning to adopt a better method for gathering, analyzing and managing external information. That method is known as Competitive Intelligence, a system that has been used successfully by the business community for many years.

Ann Lee Gibson, Ph.D., gave a 90-minute overview of this innovative process to the Bay Area Legal Marketing Association last month. Ann is president of Ann Lee Gibson Consulting, and is highly regarded within the legal marketing community for her insights and experience.

Law firms are growing larger and more competitive. Competitive Intelligence, as defined by the Society For Competitive Intelligence, is "the systematic and ethical program for gathering, analyzing, and managing external information that can affect your firm's plans, decisions, and operations."

Ann explained that there are 3 kinds of Competitive Intelligence.


CI enables law firms to make important decisions about their competitors and their markets. It is important to note that other law firms are not merely competing for clients. They can compete for referrals, lateral partners, summer associates and particular types of work. CI can be used for decisions in each of those areas. In the same way, marketers must evaluate more than just clients and prospects. They must also grasp the economic and business environment, and turn that information into intelligence that can facilitate sound goals and strategies.

CI is a four-step process:

Data are scattered bits and pieces of knowledge. Information is a pooling of those bits of knowledge. After analyzing the information, the implications of that analysis will provide the intelligence from which sound decisions can be made. Here is a closer look at the CI process.


STEP 1: PLANNING & DIRECTION

The typical questions a law firm asks at this stage involve growth, pricing and investment. They ask, "How should we grow and price our services?", "Which practice groups should we offer, and whom should we hire for those areas?", "What offices should we maintain, open or close, and what kind of technology investments should we make?".

CI addresses five major areas: assessment of strategies, competitor perceptions, effectiveness of current operations, competitor capabilities, and long-term market prospects. These areas are explored through seven questions: "What do we need to know?", "What do we already know?", "Why do we need to know it?", "When do we need to know it?", "What will we do with the intelligence once we have it?", "What will it cost to get it?", "What could it cost not to get it?".


STEP 2: DATA COLLECTION

A one-time snapshot, or short-term analysis will not generate good intelligence. Law firms must collect data and information over a sufficient period time, from reliable sources, in order to see clearly. Those sources include:




STEP 3: ANALYSIS

The goal of analysis is to detect patterns that reveal direction and trends. There are numerous statistical methods available for detecting these patterns, including benchmarking, intelligence mapping, patent analysis, regression analysis, time lining, trend analysis and win/loss analysis.

For example, a law firm's corporate group purchases a database that details all financing deals since 1985. It reveals that there were 8,500 deals during that time, and it offers 32 attributes per deal (272,000 pieces of data). From this enormous pool of data, a law firm can determine the market's direction and size, marketplace activity, which law firms are getting this work, which dealmakers are growing, which dealmakers are already firm clients, and which clients and/or prospects are not devoted to other law firms.


STEP 4: DISSEMINATION TO DECISION MAKERS

CI does not control decisions. Rather, it offers strong recommendations to management about the areas they are exploring. Here are some areas management may seek direction on, along with hypothetical examples of the recommendations that come from CI:

Gibson ended the presentation with a cogent reminder that in the Information Age, once information is digitized, it can be replicated with great ease. "Be vigilant about protecting your law firm's strategic information, because once it is released into the public domain, you have no control over where it goes, who sees it, or how it is used."


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Bay Area legal marketing consultant, John Cosmides, is principal of The Cosmides Group and director of Barustors, a State Bar-certified referral service for business and corporate clients. John can be reached at john@barustors.com or at 415-957-1330.