The Paradoxes of Legal Branding

Successful brands break rules that have been the foundation of marketing dogma. Instead of just following what they’ve seen work successfully elsewhere, they build on conceptual themes that are based on strategy. These brands are supported by ideas that explore the common ground between the brand and our emotions.

Marketers, especially legal marketers, often struggle to break away from expected solutions for their category. Whether they default to tired clichés or attempt to be all things to all people, these marketers sell their firms short. Time and again, they succumb to five major pitfalls that I call the paradoxes of branding.

The Paradox of Conformity

Your firm wants to be top of mind among clients and potential clients. Your leadership wants it to stand out for its exceptional differences. Yet all too often law firms slip into the use of language and imagery that represents their industry’s clichés. And it’s not just law firms—there are numerous examples all over the marketing sphere.

You’re probably familiar with brands like?Allbirds,?Casper,?and?Quip—they were all created to?disrupt?their markets. Yet these startups have inadvertently adopted many of the same design choices, from geometric fonts to soft color palettes and low-key ironic copy. In the end, these “breakout” brands all look and sound the same.?

The same thing happens in law. I once showed partners at a New York firm that they and all of their competitors were using the skyline of New York City on their home page—with almost the same copy.?

Organizations, like the people who run them, have an incredible desire to fit in—even when they are trying to position themselves as nonconformists. In the legal industry, smaller firms often adopt their industry’s conventions to make their brand look like it deserves a seat at the table. Larger firms want to be different, but not too different from their competitors. Blending in never leads to standing out. It takes bravery combined with a good strategy to put a stake in the ground and commit to building a brand that is differentiated.

To do that, you’ll need to tackle several challenges. The first is to refine and elevate your firm’s authentic differentiating factor. And the second is to?perform a brand assessment. Looking at all your major competitors’ brands in a group will quickly reveal your industry clichés, whether they are words, colors, type choices, or images. Look for opportunities to make intentional choices that take your brand?out?of your industry's “safe zone.”

If you make sure your choices ladder up to your brand story and positioning, you can break the mold with confidence.

The Paradox of Authenticity

Today’s audiences—especially younger ones are drawn to authenticity. And many brands are more than happy to play the role, whether they align themselves with a social issue or a particular way of doing business. But if the claims you make about your brand aren’t real—if you try to pass off as authentic what is fake—your audience will spot the deception.

There’s a major litigation firm that always positioned itself as the “good guys.” After an association with a nefarious client and some dark revelations during the “#MeToo” scandals, it never overcame the damage to its reputation.

In contrast,?In 2021, through a pro bono effort, Jenner & Block, successfully represented the NAACP Legal Defense and Educational Fund and the African American Policy Forum in a case challenging a new policy by the United States Department of Education that would limit the use of evidence of systemic racism and sexism in education. The case argued that the policy was illegal and unconstitutional, and a federal judge agreed, issuing an injunction against the policy.

The lesson? Protect your reputation and ensure your brand story is based on authentic qualities that truly make your organization unique.

The Paradox of Expertise

Law firms are often the worst at defining the competitive differences their expertise offers. These firms tend to make vague statements that resist elevating their core competencies. They do this because they don’t want to risk losing work or offending partners who work outside those areas.

You must decide to get specific about what you do best—and who you serve. Do that, and you’ll start to sell on your strengths rather than sound like everyone else.

The Paradox of Risk

Organizations avoid risk in all facets of business, from safety to product development to communication. And yet marketing demands a certain amount of risk: the willingness to differentiate and to plant your marketing flag on those differences. When you avoid risk, you also avoid reward.

When building your brand, you must commit to taking calculated risks. Depending on your business objectives (are you disrupting or defending market share?), that may mean more or less risk. But the level of risk can’t be zero, or you won’t make any impression at all.

The Paradox of Technology

Most of this post addresses the strategic thinking behind brand development and growth, yet technology is the critical component to implementing your brand.?

Is technology your friend or foe? In my conversations with many marketing leaders, it is, unfortunately, often, the latter. When technology is your ally, it will support all your efforts; when it is your combatant, you suffer every day. Before making any decisions, make a list of your objectives for functionality and do a lot of research. Speak to colleagues and get references so that you can weigh proprietary systems vs. open source. While some proprietary systems are excellent, others sometimes evolve to be unsupported by their creators. Dig deep to make sure the platform is right for the legal market and your needs. You don’t want to spend your time with MacGyver workarounds. Cost is always a factor, so clearly understand your firm’s priorities. This is critical as you will most likely need to make compromises to balance needs, desires, and your budget.

The consistent characteristic among highly successful brands is confident creativity—brands that don’t conform to what everyone else is doing. They speak authentically, they hold their focus, they emphasize their expertise, and they are willing to take risks. This fundamental confidence gives them?the ability to anticipate and respond to today’s media environment and gain the attention of fragmented audiences and a culture that has little incentive to notice.