Walking towards Holborn yesterday I looked up at a building to see the statement “strategy is nothing without creativity” plastered across the window. My instinct was to file it away in the “I agree” compartment of my head, and, as the song says, “walk on by”. The more I thought about it however, the less easy I found it to compartmentalise my response in that way.

The energy team's market strategy was lacking detail
Perhaps betraying my origins as a lawyer, I thought the best place to start the discussion was by getting clear on what I’m talking about when discussing strategy. A key distinction is between “corporate strategy” and “market strategy”.
By corporate strategy I think about the high level decisions of what markets a business will compete in, and possibly (depending on factors such as how disparate those markets are), a broad set of principles on how the business will compete.
By market strategy I mean how the business will compete in its chosen markets.
It is in this arena I want to examine the role of creativity, however in my experience, there are more fundamental questions that many law firms need to ask themselves about their market strategies before creativity comes in to play.
The first is whether market strategy actually exists. Often firm strategy (essentially the corporate strategy mentioned above) is set by the management and then “rolled out” to the partnership, practice areas, industry sectors etc. At the market level, often the business planning that happens is purely financial in nature; usually as part of the budgeting process. Targets are set, and teams then work out how they are going to deliver those numbers. This then leads into a very tactical discussion; perhaps looking at how to grow major accounts or penetrate particular prospects.
The market strategy layer is, not always, but often, completely missed. And as a result, firms often struggle to articulate their positioning in the market (one of the key outputs of market strategy) and when asked about their strategy for a particular market often end up talking about their experience or resources, which may well be relevant, but means the lawyers often lack the clarity of a well defined strategy that they can articulate.
Another benefit of having a market strategy, is a deeper understanding of what the competition are doing. When the day-to-day pace of life is so fast, it’s easy to get by with a cursory understanding of what other firms are doing in the market, relying on what’s in the legal press, and what you hear from clients and contacts. However, the benefits of actually analysing competitors, working out how they are different from you and your practice, what they do well, are significant and can shape the way you think about your own practice (and crucially how you present it to clients and prospects).
So, in a roundabout way, this brings me onto creativity. There’s no doubt in my mind, that at the market strategy level creativity can bring tremendous benefits, and create the sort of breakthrough strategies that could help a firm really win in the marketplace. However, if many firms don’t really have a market strategy, then I think there are opportunities for those firms who do have one to reap significant benefits simply from implementing their strategy well and communicating it clearly (both within the firm and to the market place).
Implementing and communicating strategy are both huge topics worthy of their own posts, so I’ll leave those for another day. However, the point I’ll finish on is just to mention that creating a winning market strategy doesn’t have to be a laborious, bureaucratic process – in Strategy Safari, Mintzberg lists a whole host of ways in which strategy can be formed (from emergent and entrepreneurial strategy through to more formal planning and design processes).
My bet is that if market strategy is something your team has done before, a small time investment would pay big rewards.
Related Articles
- The art of implementing strategy (theglobeandmail.com)
- Marketing Strategy: Different Positioning Tactics (marketing-plans.suite101.com)