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Public access: must barristers be good salespeople?

Yuri Rapoport

14 Dec 2016

There are numerous reasons why barristers should have clients delivered to them, rather than trying to sell and market to clients themselves. In 2004, when the English legal system was revolutionised to give individuals and organisations the opportunity to access barristers directly, it created a shift in the profession. Public access barristers need to find and receive work, and many have trained specifically to deal directly with the public.

The truth is that barristers trained in law, not in sales and marketing. According to a study by Steve W. Martin in the Harvard Business Review, it is estimated that 70 per cent of top sales people are born with ‘natural instincts’ which are vital for their success in sales, meaning that 30 per cent are self-made. For every 100 people who enter sales without natural sales traits, 40 per cent will fail or quit, 40 per cent will perform at a near average level, and only 20 per cent will be above average.

By nature, lawyers are analytical and often purposely detached – the exact opposite of the traits needed to be a successful marketing and sales specialist.

Do barristers really want to get bogged down with the day-to-day management of tweets, ‘grams’, Facebook posts & likes, LinkedIn connections, SEO, meta-tags, media relations, press releases, email marketing and blogs?

This skills gap is a genuine issue for some public access barristers, who now need to market and sell themselves directly to a different end-user: the client. Perhaps it is time for barristers to stop pretending they are salesmen and to stay focused on what they are good at – providing access to justice by focusing their minds on legal matters.

Whilst taking on the role of sales and marketing oneself might seem a sensible option for barristers, do they really want to get bogged down with the day-to-day management of tweets, ‘grams’, Facebook posts & likes, LinkedIn connections, SEO, meta-tags, media relations, press releases, email marketing and blogs?

The answer is probably not. So what are the other options available to barristers in bringing relevant new clients to their practices?

Hiring a marketing and sales team, with the specific role of attracting new clients, might seem a viable option. Yet it is potentially very costly when wages, facilities and possible commissions are factored in. Another option is to make use of the services of client/lawyer ‘referral’ businesses, which have cropped up since the introduction of public access. Yet while there are several of these ‘match-making’ services out there, do they work effectively for both client and lawyer?

For instance, do they ensure the client can actually afford the barrister’s fees and other legal costs? Do they connect the right clients to the right barristers? Do they research the potential client thoroughly to ensure the case has merit in the first place?

The ideal scenario is surely to have legally and financially-ready clients sealed and delivered. By this we don’t mean mere ‘referrals’ – we mean actual clients, brought directly to the barrister practising in the area of law required. A pre-checked client, who has the money to pay the barrister’s fees is a dream scenario for those lawyers with no appetite for sales.

The skills gap is a genuine issue for some public access barristers, who now need to market and sell themselves directly to a different end-user: the client.

When I launched Legal Cost Finance three years ago, it was because there was a vital piece of the legal jigsaw missing. It was because of the extraordinary number of people who were unable to pursue a legal matter because of the costs involved and the lack of financial resources at their disposal.

Legal Cost Finance has since provided hundreds of clients with the finance they need to access justice via a public access barrister or, in some cases, a law firm. In turn, this has brought a stream of clients to the brilliant minds of lawyers most suited to each case. We help the client through their legal journey, starting with a thorough briefing to ensure their legal matter is one worth pursuing, and utilising tools like cost-neutral payment plans. Collaborative practices like this can ensure that public access continues to grow, and delivers both for clients and their lawyers.

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