In marketing, stating the obvious can often be beneficial. Sometimes we take facts for granted, and in doing so, lose perspective.

With that said, let me ask a question: What makes legal marketing different from, say, soft drink marketing?

1. Impulse Purchase
When you’re walking down the aisle in the grocery store and see soda, you can easily grab a 2 Liter bottle without even thinking about it. You might not even be thirsty but you realize (at an almost subconscious level) that at some point, you will be. The need for soda is not an immediate one, but since it can be conveniently stored in the refrigerator, the purchase is a no-brainer.

Obviously, this is not the case for legal services. No one thinks “maybe I’ll need to retain an attorney eventually, so I think I’ll look for one now.” Well, almost no one.

2. Tangibility
When you buy your favorite cola, you can see, hold, and taste the product. It’s concrete. You know exactly what you’ve purchased. You can feel the item you’ve spent your money on.

Legal services cannot be touched, making it very difficult to judge value.

3. Ease of Transaction
When you’re looking to buy soda, you know exactly where you can get it. It’s available nearly everywhere. There are soda machines nearly everywhere you look. Every gas station, convenience store, supermarket, office, arena and movie theater has soda. In the vast majority of instances, you can purchase a soda in less than two minutes.

But when you know you need to retain an attorney, where do you go? You first need to identify attorneys that can do the work you need. Then you have to evaluate the attorneys to choose the one you’ll use. Finally you have to contact them. Do you call? Email? Most likely you won’t have purchased the services of an attorney on the same day you decided you needed one.

4. Referral
It’s easy to recommend a brand of soda to someone. Honestly, you don’t even need to say a word. Just take a sip and look like you’re enjoying it, and you’ve given your approval to anyone in eyesight. If it’s a new brand and it’s enjoyable, people will often say “Wow. This is good. Try this.”

But unlike thirst, the need for legal service referrals are rare. Sure, when you’ve used an attorney and a friend is in the same situation, it’s likely that you’ll recommend your attorney. But how often does that happen?

5. Price
You know exactly how much a can of soda costs. You can afford it. You’ve probably got enough change in your pocket right now.
But how much will it cost for your divorce? Even after talking with an attorney you probably don’t know. And is it worth it?

6. Reason for Purchase
This is the big one.
When you are going to buy a soda, it’s a stress-free purchase. Either you’re thirsty, or you’re planning for the future, knowing you’re going to be.
When you need an attorney, it’s because you have a problem. You’re facing something that you cannot take care of by yourself. You’re stressed. Choosing the right attorney can be the difference between relief and absolute disaster.

So what’s my point?
Again, everything I’ve said is absolutely obvious. There’s nothing groundbreaking here. I’ve made no new discoveries. Soda is not legal services.

So, is your approach to marketing leveraging these important differences? Or are you closer to marketing a cola?

Which sounds more familiar:

1. When advertising, my firm:
a) Tries to get our name in front of as many eyes as possible
b) Carefully targets our potential clients

2. We see our clients as:
a) People that buy our services
b) Relationships that are ongoing

I’m not saying one is better than the other. They’re just different.

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