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Lazy, Selfish and Ruthless: Marketing Legal Information Services

Published online by Cambridge University Press:  02 February 2024

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Abstract

“I will build it and so they will come” is not an effective strategy for any business or business function, Matthew Leopold tells us, and in this article, based on his presentation at the BIALL Conference in Belfast, he expands on this, exploring the importance of marketing legal information services internally and externally. Drawing on marketing principles and insights from renowned marketing thought leaders and academic research, this paper presents a four-step framework to enhance marketing effectiveness: understanding marketing's role, capturing attention through relevance and connection, delivering impactful communications and implementing actionable campaigns. By employing these strategies, legal information professionals can effectively promote their library services, enhance their visibility and meet the evolving needs of their audience.

Type
Conference Papers
Copyright
Copyright © The Author(s), 2024. Published by British and Irish Association of Law Librarians

INTRODUCTION

In today's competitive legal environment, law firms and legal departments are under immense pressure to deliver high quality legal services in a cost-effective manner. Legal libraries and information services are vital to achieving this, yet their value is not always visible to key stakeholders.

In an era of information overload and with the constant change of the legal environment, legal information services need to rethink how they promote their offering to meet the evolving needs of legal professionals and students. Merely existing as a service function is insufficient. Godin (Reference Godin2010) suggests that, with the rise of free online sources, there is a risk that library services are seen as dispensable, a view shared by Cheney (Reference Cheney2007). To counter this, information teams need to communicate the value, relevance and impact of their services (Matarazzo and Pearlstein, Reference Matarazzo, Pearlstein, Matarazzo and Pearlstein2013). They need to consider strategies and tactics that will drive usage, engagement and awareness of their work. Essentially, they need to embrace marketing (Kenneway, Reference Kenneway2007). Marketing a library service isn't new (Duke and Tucker, Reference Duke and Tucker2007; Webber, Reference Webber2001), but it should no longer “be considered a luxury, but a necessity” (Boden and Davis, Reference Boden and Davies2006).

This article offers a view on how marketing can support legal information services. It goes beyond posters and desk-drops (Circle and Bierman, Reference Circle and Bierman2009) and shares a four-step strategic framework to enhance marketing effectiveness for libraries. First, it will unpack what marketing can do for legal information services. Then, it will examine why people may not pay attention to marketing efforts and what can be done about this. Next, it will draw on some well-established marketing principles to offer strategies and tactics for effectively marketing legal information services. Finally, it will give practical suggestions on implementing actionable campaigns.

THE ROLE OF MARKETING IN THE LEGAL INFORMATION PROFESSION – WHAT CAN IT DO FOR LIBRARIANS?

No matter which part of the legal sector, be it in-house, at a university or in a firm, it is important to understand how marketing can help solve a problem. At worst, it might offer clarity on how others perceive the library service. At best, it will help improve communications and add more value to the parent organisation (Kotler and Levi, Reference Kotler and Levi1969). Broadly, marketing can help legal information professionals in four key ways:

  • 1. Build visibility and awareness

    Often, the library and information teams are seen as support functions. Not being fee-earners or academic faculty, libraries are often below the surface – reliably delivering without fanfare or attention. This can mean that the wealth of knowledge and expertise on offer from the library function may be forgotten, undervalued or viewed through a narrow lens. Without a clear message or effective communications, library teams may not be adequately explaining the value of the service they offer.

    Are all the key stakeholders aware of all the ways that legal librarians and information professionals can help them save time and money? A strategic marketing journey can help to change perceptions of the library team from being a research-led ‘support function’ into a ‘strategic partner’ that helps win cases.

    With higher awareness of the function and its abilities, law firms and teams can benefit in several ways. Lawyers will know they have access to the latest legal information and resources, which can help them provide better representation to their clients. The library team's role in the success of an organisation will give it a more active role in the organisation's decision-making process. They can drive effectiveness and efficiency, helping to attract new clients, new lawyers or prospective students for law courses (Ashcroft, Reference Ashcroft2010).

  • 2. Increase use

    The measure of success for many library teams is to show that more people use their services more often (Gupta et al, Reference Gupta, Gupta, Koontz, Massisimo and Savard2006). If lawyers know all the ways a research service can help them, they are much more likely to use that service (David and Sagun, Reference David and Sagun2012).

    Similarly, when lawyers have a positive experience with library services, they are more likely to use those services again in the future. Marketing can, as explained by Pantry and Griffiths (Reference Pantry and Griffiths2009), influence use of the library. By marketing services effectively, libraries can increase the likelihood that lawyers will become repeat users across the full range of services.

  • 3. Showcase expertise

    Legal librarians and information professionals are experts. With years of training and experience, they bring research and analytical skills that are invaluable to the legal mix. By broadcasting this expertise, a legal information team's reputation will be bolstered. The individual in the team will be recognised and earn trust. It can support career enhancement and promote the influence of the function (Oppong, Ansah and Ofori, Reference Oppong, Ofori and Ansah2022).

    Demonstrating expertise isn't bragging or boasting. It is explaining how the specific skills within the library function can save lawyers’ time and, with enhanced legal analysis, draw out important or critical insights. By explaining this value, in-bound demand can be generated, with lawyers proactively seeking librarian advice on specific information-related matters.

    Publishing articles, blogs, newsletters, speaking at conferences and participating in social media are some of the ways the expertise of the library and librarians can be shown. In the longer term, this will also enhance the standing of a firm or organisation which will support the attraction of new clients and partners, academics and students.

  • 4. Build relationships

    To be heard is to be seen. To be seen is to have influence. Marketing isn't just about creating leads or demand. It can be used to foster relationships with lawyers and other stakeholders. With a louder and clearer voice, value can be understood and relationships internally and externally created and strengthened (Doyle, Reference Doyle1995).

    Strong relationships are crucial. They build trust. When lawyers trust their library services, they are more likely to use them. Trust is built through consistent communication, delivery and expertise. Good relationships lead to honest feedback – ensuring that all parties can enhance and improve working relationships.

GOOD MARKETING STARTS WITH THE AUDIENCE

“It's helpful to remember that they are selfish, lazy and ruthless,” mused Nielson and Loranger (Reference Nielson and Loranger2006) in relation to website users. Nielson's research (Reference Nielson1997) revealed that website users skim-read pages, cutting to the bits that jump out as relevant to them and ignoring the rest. He argued that rather than fight the inevitable, websites needed to be written to enable this behaviour.

The same theory is true for marketing. We need to deliver marketing for a customer who is too busy and too distracted to give it more than a cursory look. We need to turn that cursory skim-read into an action or a mind-set change – so the marketing message must capture their attention. Sharp (Reference Sharp2010) argued that people care about things that are relevant to them or offer a direct benefit. The foundation of any good marketing is, according to Kotler and Keller (2016), a deep understanding of the target audience and the application of that knowledge to our marketing.

Audience segmentation

Much of the research on the impact of audience segmentation reinforces the idea that writing the same message to everyone will get poorer results (Hun and Yazdanifard, Reference Hun and Yazdanifard2014). From partners to associates, firm leadership to support teams, trainees, faculty and students, the level and depth of experience alone varies significantly. Each has differing success metrics for their work and distinct priorities and perspectives in relation to their library needs.

Fee-earners working on a matter offer the simplest use-case. They are focused on delivering high quality legal work as efficiently as possible. They want access to the most relevant legal information and insights, without any distraction from their client work. Demonstrating how the library can save them time and enrich their work is key. Trainees, however, might be hungry to read more widely on a topic so that they can understand the how, why and what of the law. They might be using the library service to research a broad practice area, relevant cases and news – rather than looking for a specific answer to a question. Of course, it is easy to assume you know what a target audience wants. As advocated by Cheney (Reference Cheney2007) and others, it is always best to research and ask.

By understanding these differing perspectives, we should “start with the customer, not the product” (Webber Reference Webber2001). Doing so, legal information professionals can shape their communications to better resonate with each stakeholder group. “The aim of marketing is to know and understand the customer so well the product or service fits them and sells itself,” (Drucker, Reference Drucker1954). This is nothing new. Library philosophy has been about putting the customer at the heart since at least 1880 (Gupta and Jambhekar, Reference Gupta and Jambhekar2002).

Getting attention

There is an adage in marketing that no one reads adverts. They read what interests them. Sometimes that is an advert.

The same applies to the legal library. The library's research might be brilliant. The newsletters laboured over each week could be Pulitzer worthy. But, if the audience doesn't read the content and act on it, the work is pointless. This means avoiding a ‘build it and they will come’ mentality.

In a world where people are lazy, ruthless and selfish, getting attention is not easy. We live in a highly cluttered world, bombarded with messages, information and warnings all day, every day. Everyone wants to grab our attention. Think of the number of emails, adverts, instant messaging notifications bombarding users each day. Combine that noise with a job where the audience also have chargeable hour targets. The challenge of cutting through, grabbing attention and being heard is exacerbated.

This means we need to put considerable thought into our marketing and communications. We need to really think about what we are doing, why we are doing it and how. This comes down to the 101 of marketing. It is not about us. It is all about the customer, the end user. If we write for ourselves, we risk suffering from ‘marketing myopia’; a focus on our own needs and interests rather than that of our customers (Levitt, Reference Levitt1960). To fix this, we must put ourselves into our customer's shoes. What is interesting and relevant to them? What will capture their attention?

Relevance

Consider the ‘Cocktail Party effect’ (Handel, Reference Handel1989), whereby our selective attention system allows us to tune in to just one voice in an environment that is loud and chaotic. Furthermore, when our name is mentioned – even across a busy room – we may hear it and respond (Moray, Reference Moray1959; Wood and Cowan, Reference Wood and Cowan1995). This is because we are inherently tuned into things that are relevant and interesting to us.

As such, creating content that is relevant to the lawyer is critical. If the content aligns with their specific needs, challenges or interests, they are much more likely to listen and see the value in the communication. Comprehensively understanding lawyers' pain points, emerging trends and industry challenges demonstrates an understanding of lawyers' professional challenges and so builds advocacy through credibility and trust (Berger and Milkman, Reference Berger and Milkman2012).

Equally powerful is the idea of marketing on an emotional connection (O'Shaughnessy and O'Shaughnessy, Reference O'Shaughnessy and O'Shaughnessy2003). Lawyers, like any other professionals, are not solely driven by rationality; emotional factors can also influence. By appealing to their values, aspirations and personal motivations, it is possible to grab their attention. For example, aligning with their passion for the rule of law, social responsibility or career advancement can evoke emotional responses and foster a sense of connection with the content and the library.

IMPACTFUL COMMUNICATIONS

Writing a compelling message isn't simple. After all, there is a reason that marketing departments exist! However, there are a few simple steps that will help ensure communications are impactful and deliver the result desired.

Planning

The importance of planning a compelling message cannot be understated. In the advertising world, the brief creation process is sacred and will absorb many hours. There is no reason why the same process (albeit, less intense and a little faster) would not work for legal librarians. Before writing a blog, or an article or an email, consider the following framework:

It might also be helpful to embrace the KNOW, FEEL, DO model.

Value

It is important to craft a message that the reader will care about. If the reader is ruthless, lazy and selfish, the message needs to be relevant, simple and add direct value to them. So, we need to articulate the value the legal librarian can offer or, in marketing parlance, the value proposition. This means explaining the tangible benefits and results that you can provide (Anderson et al, Reference Anderson, Narus and Van Rossum2006).

It is a matter of understanding the difference between a ‘want’ and a ‘need’ (Kotler and Keller, Reference Kotler and Keller2006). Do lawyers need to know the full details of a case, or do they merely need to know the outcome and learnings? Clearly, depending on the case, the seniority of the lawyer and the implications, the answer will differ. Understanding this and targeting the right level of message at the right person will reap rewards.

Simplicity

French mathematician Blaise Pascal once penned “I have made this letter longer than usual, only because I have not had time to make it shorter.” (Reference Pascal1657). Drafting a concise, simple communication is far harder than it initially appears.

Whilst in relation to web design, the concepts behind Krug's (Reference Krug2014) insights apply more broadly. He advocates that we should write for how an audience will interact with content, rather than writing for how we hope they will behave. In short, write in human – not legalese. It might be how a lawyer writes, but it is not how humans read. Cut the jargon, buzz words and corporate formality – people tend to trust people, not institutions. The more content sounds like a real person has written it, the easier it will be to connect with it.

It will mean ruthlessly slashing copy – removing the fluff and ‘nice to haves’. It can mean cutting sentence lengths – making the writing easier and faster to read. Consider using short bullet points or signposting text with subheadings to appease the skim-reader. Try offering high-level summaries with links out to more detailed and specific analysis for those who want more.

DELIVERING ACTIONABLE CAMPAIGNS

This section suggests a few practical campaign ideas to promote legal information services.

Social media

Leveraging social media can be a quick win. Many people engage with social networks as part of their day-to-day routine (Kaplan and Haenlein, Reference Kaplan and Haenlein2010), so broadcasting the range of services and skills offered by the library into a channel they already use can be effective. By sharing valuable insights or engaging in meaningful conversations, key subjects can be brought to the lawyer's attention. As a public space, this has the added advantage of showcasing expertise and knowledge to the world. Platforms such as LinkedIn are excellent for reaching professionals, although Twitter / X and Facebook also have their place, particularly for students and juniors. (Alcock, Reference Alcock2009; Xia, Reference Xia2009; Muruli and Kumar, Reference Muruli and Kumar2013 and Flood, Reference Flood2009).

Social proof

Potentially, one of the barriers preventing use of library services, is the perceived stigma of asking for help (Bohns and Flynn, Reference Bohns and Flynn2010). Harnessing user testimonials and case studies, particularly those from senior and influential leaders, can demonstrate that seeking help and guidance is not weakness and may motivate others to do the same (Jalkala and Salminen, Reference Jalkala and Salminen2010). They can provide personal testimony as to the value and impact of legal library information services.

Emails

Whilst many libraries will already send out regular email newsletters to lawyers and staff, taking a moment to review what is sent and how it is written might offer opportunity for improvements.

Consider running a mini engagement campaign with a three-stage introduction process. Try sending these in one week, on a Monday, Wednesday and Friday. Limit the copy to 200-400 words per email.

Campaigns

Not all marketing needs to be reactive to the latest news or cases. Indeed, a lot of marketing can be pre-planned. Consider the raw data sources that are unique to the library and how this data can add value to users. Often software products, such as Lexis+, provide dashboards on content use. Use this data to identify and communicate missed opportunities or to promote lesser used sources.

Even reactive marketing can be pre-planned. The campaign cycle can generally be predicted. For example, having content prepared for key trends such as ESG or sustainable business will enable a faster turnaround when the topic is prevalent. Regular events (such as the Budget) are predictable and can be planned for months in advance.

CONCLUSION

Being relevant and finding a connection are fundamental tenets of effective marketing. By understanding the needs, preferences and interests of the audience, more impactful marketing can be delivered.

Librarians and information professionals must adopt a proactive marketing mindset to maximise their visibility and promote the use of their services. By adopting a customer-centric approach, embracing digital technologies, nurturing relationships and implementing innovative campaigns, their value can be better understood. A customer-centric approach means remembering that the reader is ruthless. Get to the point quickly. The reader is lazy. Make it simple to find the content that is important. The reader is selfish. Explain how it will help them to do their job better and faster.

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