For many attorneys, marketing carries an unshakable association with desperation. “Good lawyers don’t need to advertise,” goes the thinking. “The work speaks for itself.”
This isn’t mere snobbery. It reflects a deeply ingrained professional value system where excellence and dignity reign supreme. Consider that for centuries, lawyers built practices entirely through reputation and referral. The attorney who actively sought clients was viewed with suspicion — if they were truly skilled, wouldn’t clients naturally seek them out?
The solution for legal marketers isn’t to dismiss these concerns but to reframe marketing in terms of professional dignity as an extension of professional skill rather than a substitute for it.
The issue isn’t marketing itself — it’s what attorneys think marketing means.
In many legal minds, “marketing” conjures images of TV commercials asking “Have you been injured?” or aggressive sales tactics. They don’t instinctively connect it with the relationship-building and reputation-management activities they already value.
The Weight of History
Until 1977, legal advertising was actually prohibited. When the Supreme Court’s Bates v. State Bar of Arizona decision finally permitted attorney advertising, cultural attitudes didn’t magically transform overnight.
This historical context explains why many senior partners — particularly those who began practicing before the mid-1980s — view marketing with instinctive suspicion. They were trained in an era when promotional activities could result in disbarment!
The Economics of Resistance
Let’s also acknowledge the elephant in the room: time spent on marketing is time not spent billing clients. In a profession where success is literally measured in six-minute increments, this creates an immediate economic disincentive.
“Every hour I spend on a blog post is an hour I’m not billing at $750,” explained one candid partner. “Unless you can show me how that post generates more than $750 in value, the math doesn’t work.”
This isn’t shortsighted—it’s rational economic calculation. The challenge for marketers is demonstrating ROI in terms attorneys value. Make marketing worth attorneys’ time by addressing the “what’s in it for me?” factor directly.
Cognitive Style Mismatch
Legal training ruthlessly develops analytical precision, risk awareness, and evidence-based thinking. Lawyers are professionally rewarded for identifying problems, mitigating risks, and focusing on details — the exact opposite of marketing’s bias toward positive messaging, emotional appeals, and big-picture vision.
This difference in cognitive style creates friction when reviewing marketing materials. What marketers see as compelling storytelling, attorneys often view as factually imprecise. What lawyers consider appropriately cautious language, marketers see as watered-down messaging.
Successful firms address this by creating hybrid processes that satisfy both mindsets. One way to do this is by pairing marketing creatives with dedicated attorney editors who ensure accuracy without killing the engaging tone.
Ethics and Advertising
Marketing in legal services exists within a complex regulatory framework that goes beyond typical truth-in-advertising standards. Bar association rules vary by jurisdiction and can restrict everything from client testimonials to specific language about specialization.
But the unwritten ethical concerns often exert even more influence than formal regulations. Many attorneys have a negative visceral reaction to anything that feels “ambulance-chaser adjacent” — even when it’s perfectly compliant with bar rules.
Savvy marketers turn this challenge into an advantage by building ethics into their messaging strategy from the ground up. Rather than seeing ethical guidelines as constraints, they position them as differentiators that showcase the firm’s commitment to professionalism.
Evidence-Based Decision Making
When proposing a new marketing initiative, be prepared for attorneys to approach it like a legal argument: “Show me the precedent.”
Lawyers are trained to make decisions based on evidence, precedent, and proven methodologies. The often-intuitive nature of marketing decisions can trigger skepticism. When you suggest a website redesign because “it feels outdated,” expect to be met with raised eyebrows.
Successful legal marketers adapt by building evidence-based decision processes. Before proposing changes, they arm themselves with competitive analyses, client feedback data, and industry benchmarks.
Status Quo Bias
The legal profession has a particular reverence for precedent and established practice. “We’ve always done it this way” isn’t just a reflexive response — it’s a core professional value in a field where stability and predictability are prized.
This creates a powerful status quo bias that can hamstring marketing innovation. The key to overcoming this isn’t to fight against precedent but to use it strategically. Smart marketers also recognize the difference between revolutionary and evolutionary change. Small, incremental shifts that build on existing programs typically face less resistance than dramatic pivots, even when the end goal is the same.
Practical Strategies for Marketers
If, by this point, you feel like you’re fighting an uphill battle, you’re not alone. But that doesn’t mean you should throw in the towel. Here are a few strategies we’ve leveraged to gain traction with our lawyers and clients:
#1: Speak Their Language
Want to get lawyers on board with your marketing plan? Present it like a legal brief.
Structure your proposals with clear “arguments” supported by specific evidence. Begin with a concise executive summary that outlines your recommendation and supporting rationale. Follow with detailed evidence organized by key points. Anticipate objections and address them proactively.
Analogies that connect marketing concepts to legal practice are particularly effective. “This content strategy is like building a compelling case — we’re systematically developing the evidence that positions us as the authority in this practice area.”
#2: Build Marketing Advocates
Every firm has them: lawyers who secretly find marketing interesting but don’t want to be the first to admit it. Identifying these potential advocates is crucial to building internal support.
Look for attorneys who:
- Regularly share industry articles
- Have previous business experience
- Show interest in client development
- Ask questions about marketing metrics
Once identified, involve these attorneys in pilot programs where they can experience marketing success firsthand. Their positive experiences create powerful social proof for skeptical colleagues.
At one litigation boutique, the marketing director identified a senior associate with untapped business development potential. After coaching him through a successful thought leadership campaign that generated three new client inquiries, she gained not just an advocate but a missionary who actively recruited other attorneys to the marketing program.
#3: Redefine Success Metrics
Generic marketing metrics rarely resonate with attorneys. Website traffic, social media engagement, and email open rates feel disconnected from business results that matter to lawyers.
Develop practice-specific metrics that directly connect marketing activities to business outcomes attorneys value. Instead of reporting blog visits, report how many qualified prospects contacted the firm after reading thought leadership. Instead of social media followers, track relationship development with specific target clients.
Visualization is crucial here. Dashboard approaches that clearly show the connection between marketing activities and business results transform abstract concepts into tangible value. When Jenner & Block implemented a dashboard tracking system that connected marketing touchpoints to new matter openings, attorney participation in marketing initiatives increased by 40% within six months.
#4: Streamline Approval Processes
Nothing kills marketing momentum faster than cumbersome approval processes. When attorneys must review every tweet, blog post, and press release, bottlenecks are inevitable.
Smart marketers create governance frameworks that balance control with efficiency. Consider:
- Template approach: Develop pre-approved templates for common content types
- Tiered review: Implement different review levels based on content sensitivity
- Designated reviewers: Train specific attorneys to serve as efficient marketing reviewers
- Technology solutions: Utilize workflow platforms that streamline review processes
Thought Leadership vs. “Selling”
The fastest way to secure attorney buy-in is to focus on thought leadership rather than overt promotion. Lawyers who recoil at traditional marketing often eagerly contribute to educational content that showcases their expertise.
The key distinction is positioning. “Writing promotional content about our services” triggers resistance. “Educating the market about a complex legal development” aligns perfectly with how attorneys view their professional role.
This approach doesn’t just secure attorney participation — it often produces more effective marketing. Educational content that genuinely serves clients’ informational needs typically outperforms promotional material in engagement, sharing, and lead generation.
Leverage Partner Strengths
Attorneys are trained to analyze complex issues, identify key insights, and present persuasive arguments — skills that align perfectly with effective content creation.
The marketer’s role is to harness these strengths while managing the limitations. Successful programs typically involve:
- Structured interview approaches that efficiently extract attorney insights
- Professional writing resources that transform rough thoughts into polished content
- Clear timelines that respect attorneys’ scheduling constraints
- Attribution systems that appropriately credit contributing attorneys
Show, Don’t Tell
Nothing convinces attorneys like results. Build credibility by documenting marketing successes and sharing them internally.
Effective approaches include:
- Case studies connecting specific marketing activities to new business
- Client testimonials that mention marketing touchpoints
- Competitor examples demonstrating the impact of similar initiatives
- Before-and-after metrics that clearly illustrate improvement
Education-First Approach
Many attorneys resist marketing simply because they don’t understand it. Strategic education can transform skeptics into supporters.
Consider developing:
- Marketing workshops customized for legal professionals
- Lunch-and-learn sessions on specific marketing tactics
- New associate training that includes business development fundamentals
- Internal resource libraries that explain marketing concepts in legal terms
Building Bridges, Not Barriers
The lawyer-marketer divide isn’t inevitable. By understanding the legitimate concerns behind attorneys’ resistance to marketing, savvy professionals can develop approaches that align with legal values while advancing business goals.
This isn’t about tricking lawyers into marketing or watering down effective strategies to appease skeptics. It’s about finding the sweet spot where professional dignity, ethical standards, and business development converge.
The firms that master this balance gain a powerful competitive advantage: the ability to market effectively in a profession where most still struggle with the very concept.
As one managing partner told me after his firm’s marketing transformation: “We didn’t start marketing more — we just started marketing right.”
The Marketing-to-Legal Translation Guide
