Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

The Visibility Gap

Many firms lose work not because they lack capability, but because the market cannot clearly see their value. Discover how visibility influences growth, trust and buying decisions.

Most lawyers I know don’t have a capability problem. Actually, quite the contrary: they are very good at what they do! What they do suffer from though is what I like to call a Visibility Gap. So for this BD Tips Wednesday post, I thought I would run through what this actually means, and how you can fix it.

What is a Visibility Gap?

A Visibility Gap is when capable lawyers and law firms lose work not because they don’t have the expertise to deliver on the project requirements, but because the purchaser cannot clearly see their value before a buying decision is made.

My 20+ years of tendering experience will tell you: That small distinction matters more than most lawyers realise. Because if what is losing you work isn’t your capability or ability, improving your delivery won’t fix the problem.

And yet, that’s exactly where most of the improvement effort will go.

The Gap Between Capability and Client Perception

Inside most firms the story is strong. You know the depth of your experience. You know the complexity of the work you’ve delivered. You know where you outperform your competitors.

But, unfortunately, the market doesn’t always see what you see. It sees fragments and from those fragments it forms a view. And here is the crux: That view is often far less impressive than we think it is!

That, in a frame, is the Visibility Gap: the space between what you are capable of doing and what the market understands you can do.

Why Good Lawyers Still Lose Work

There is a persistent belief that work is won at the point of need. But the reality is that those moments rarely decide the outcome. They just confirm it.

Long before a formal process begins, clients have already formed a view:

  • Who they’ve seen before

  • Who appears credible

  • Who seems to understand their challenges

By the time your submission is being evaluated, you're not being assessed in isolation. You're being assessed in context, and that context is shaped by your visibility.

If you haven’t been seen, understood or remembered, you are already behind the 8-Ball.

The Hidden Risk of “We Do Good Work”

Most firms rely on this mantra:

If we do good work, it will lead to more work.

And at a small scale, it often does. But it rarely scales beyond your immediate network.

Good work creates retention. Visibility creates growth.

Without visibility, your reputation stays contained within existing clients. It doesn’t travel. It doesn’t compound. It doesn’t position you for opportunities you’re not already in.

Being Good vs Being Known for Being Good

This is where the Visibility Gap becomes commercial. Being good is not the same as being known for being good.

One is internal. The other drives revenue.

In competitive environments — panels, government work, institutional clients — this difference becomes even more pronounced. Familiarity influences how your capability is interpreted.

Two firms present similar experience. The one that feels more familiar, more visible, more understood often has the advantage over the other. Not because they are better, but because they are a known product.

What Real Visibility Looks Like

Effective visibility is about alignment and it looks like this:

  • Consistently speaking to the problems your clients are actually dealing with

  • Showing how you think, not just listing what you’ve done

  • Being present before the opportunity appears

  • Making it easy for someone to place you in their world

It’s not about self-promotion. It’s about reducing uncertainty for the buyer.

Takeaway

Is the market seeing us early enough?

When pursuing work, this is the question you constantly need to be asking yourself. Because lawyers very rarely lose work due to a lack of capability. After all, you won’t be asked to pitch if the client didn’t think you could do the job!

What sets rainmakers apart from the rest of the marker is an understanding that there is a gap between what they can do, and what the market thinks they do.

And until you close that gap, better work alone won’t translate into better growth.

Further Reading

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

Why CVs Still Matter

Clients conduct more research on lawyers than many firms realise. Learn why your CV, LinkedIn profile and online biography remain powerful credibility tools that influence buying decisions.

Like many, I’m just off the back of supporting lawyers on a run of tender responses. While 2026 has certainly started off well for me in that sense, what it has also highlighted is how woefully most lawyers approach the importance of their CVs – treating them almost as if they are an irrelevant burden. So if you are one of those lawyers who thinks clients don’t read CVs, then this BD Tips Wednesday post is for you!

The Wake-Up Call

Research from BTI Consulting’s The Mad Clientist shows that 37% of in-house corporate counsel actively review lawyers’ bios on their firm website on a weekly basis (as part of their normal workflow).

This is unsolicited. No tender in play. No capability statement being submitted. Just looking…

This behaviour reflects something we all instinctively know: Clients select individuals they like to work with.Before a meeting is scheduled, before a pitch deck is opened and before a referral is made, clients will do a quick piece of due diligence: They look you up.

And what they see shapes their expectations.

The Modern “CV” Is Not Just a Document

The traditional CV listing your employment history, qualifications, matters you have worked on and publications has evolved into something bigger. Today, likely as not a lawyer’s bio will exist in multiple places at once:

  • The firm’s website

  • Their LinkedIn profile

  • In speaker profiles

  • In conference bios

  • As part of a tender submission

  • In capability statements

  • etc

Each of these is effectively a version of your professional CV. Together they form a narrative about who you are, what you do and why a client should trust you with their work.

If Clients Don’t Read CVs, Why Have One?

Here’s the thing, it’s not that clients don’t read CVs, it’s just they may not be reading your CV.

When a client reads a CV, they are not looking for a narrative of your entire legal career. What they are looking for is the answer to a small number of practical questions:

  • Do you understand the type of problem I have?

  • Have you dealt with it before?

  • Do you work with clients like me?

  • Will you make my life easier or harder?

If those questions are not answered quickly and clearly, the CV fails its most important purpose.

The Common Problems With Lawyer CVs

Across many firms, lawyer CVs suffer from the same structural weaknesses.

1. They are written like résumés, not client documents

Many bios simply list roles, qualifications and memberships. While these are important credentials, they do little to explain how the lawyer helps clients solve problems.

2. They focus on the lawyer, not the client

Lawyers often describe what they do in broad professional language: advising on regulatory matters, providing strategic advice, assisting with disputes.

Clients, however, want to see situations and outcomes.

3. They hide the interesting work

Ironically, some of the most impressive experience appears buried in long lists of matters or publications; or isn’t highlighted at all because it’s confidential!

A strong CV should highlight three or four meaningful examples of work, not dozens of generic bullet points.

4. They are rarely updated

In many firms, CVs are updated only when required for:

  • a tender submission

  • a promotion round

  • a conference biography

But the lawyer may have developed significant new expertise in the meantime.

What a Strong Lawyer CV Should Do

A modern CV should function as a credibility document for potential clients. At its best, it should communicate four things quickly and clearly.

1. Your area of focus

Clients want specialists.

A strong opening statement should clearly articulate what you are known for, not just what practice group you sit in.

For example:

  • “Advises technology companies on data governance and privacy risk.”

  • “Acts for councils and government agencies on procurement disputes.”

  • “Helps construction clients resolve complex project claims.”

Clarity beats complexity.

2. The types of clients you work with

Clients often choose lawyers who regularly work with organisations like theirs. Your CV should signal the industries, sectors or types of organisations you typically advise. This helps the reader quickly determine whether your experience is relevant.

3. Evidence of real work

Generic descriptions are easy to ignore. Specific examples create credibility. Instead of broad statements about expertise, highlight selected examples such as:

  • advising on a significant transaction

  • managing a complex dispute

  • leading a regulatory investigation

  • assisting a client through a crisis

These examples demonstrate practical experience rather than theoretical capability.

4. Signals of authority

Clients also look for signals that confirm your professional standing. These might include:

  • speaking engagements

  • publications

  • industry involvement

  • leadership roles

  • recognition in directories

These signals help clients assess whether you are trusted by the market.

5. Be part of a team

If you are part of a bigger team, make sure that your CVs reflect this fact. So often we read “team” CVs and frankly it looks like you have never worked together before!

This is important because hiring an individual comes with risks that can be mitigated by hiring a team (sometimes also known as Being Hit By A Bus Replacement).

Takeaway: A Simple Rule for Lawyers

If a potential client spends 60 seconds looking at your profile, they should understand three things:

  • What you do

  • Who you do it for

  • Why they should trust you

If those answers are clear, your CV is doing its job.

Further Reading

Need Help With Your Business Development?

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

The Importance of Being Seen as a Thought Leader

Thought leadership helps professionals build trust, visibility and authority. Learn practical ways to establish credibility and remain front of mind with clients.

An article by BTI Consulting’s The Mad Clientist (‘Did Clients Just Go Sour on Rankings and Directories?’) states that:

Thought leadership now outweighs rankings – especially when forming new relationships.

While we talk often about “thought leadership” in professional services, I’m not entirely sure we understand the mechanics and actualities of what constitutes “thought leadership”.

For a start, if you say you're a “thought leader” chances are you’re not – as only others can pin that tag on you!

So for this BD Tips Wednesday post, I thought I would do quick run through what thought leadership means to me, as well as some ways you might be able to demonstrate your knowledge in such a way as others start to consider you a thought leader!

What is ‘Thought Leadership’?

Thought leadership is the art of positioning yourself, or your firm, as a leading authority in a particular area - industry or field - by sharing (typically for free) valuable insights, expertise, and innovative ideas.

Thought leaders influence their audience through content such as articles, blogs, speeches, books, research and social media engagement.

Key Aspects of Thought Leadership

  • Expertise & authority: Thought leaders have extensive knowledge in their field and are trusted sources of information.

  • Innovative thinking: Thought leaders challenge conventional wisdom and introduce new perspectives or solutions.

  • Content creation: Though leaders share insights through blogs, articles, whitepapers, podcasts, videos, or public speaking.

  • Engagement & influence: Thought leaders actively participate in discussions, mentor others and drive industry trends.

  • Authenticity & credibility: Genuine thought leaders prioritise value over self-promotion, building trust through consistency.

How can I display thought leadership?

Many professional firms limit their content strategy to publishing articles on their firm website and stopping there. While this is a good starting point, it doesn’t fully leverage the power of content marketing to attract, engage, and convert potential clients.

To expand your reach and establish your authority as a thought leader, consider adopting the following to your content marketing strategy:

  • Blog posts: Either via your own blog page or your firm’s (or even both), regularly provide in-depth insights, case studies, and industry updates. From time-to-time offer to guest post on other people's blogs as well.

  • Newspaper comments and articles: Write a regular column in a reputable newspaper on your area of expertise. You can also become a source of commentary - newspapers are always seeking commentary from industry leaders.

  • Whitepapers & eBooks: Offer comprehensive research findings, legal guides, and thought leadership content. Look to position both yourself and/or your firm as the trusted authority in that area/field.

  • Videos: Create a YouTube or TikTok account and make videos that help explain intricate and complicated topics in a dynamic, accessible and easy to consume way.

  • Webinars & Live Streams: Host real-time discussions, Q&A sessions, and educational webinars – either on your website or via other platforms such as LinkedIn.

  • Podcasts: Either host your own podcast or provide expert insights on podcasts hosted by others.

  • Social Media posts: Engage in relevant discussions on platforms like LinkedIn, Instagram, Facebook and X.

  • Email Newsletters: Share valuable insights, firm updates, and case studies directly with subscribers via email providers such as MailChimp.

Bringing it all together

Thought leaders are recognised by others for their deep knowledge of a subject matter and so have the ability to shape conversations, influence decisions, and inspire others. These are all attributes that will help expand your audience reach and establish credibility in your area – leading to a higher number of requests for assistance and a bigger book of business!

Further Reading

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

Legal Directories or Legal Awards?

Legal directories and awards serve different purposes. Learn how to evaluate their value and determine which approach best supports your firm's objectives.

Following a post I made on: '5 Tips to help make your next directory submission standout from the crowd' I was asked the following question:

With limited resources, should our firm prioritize directory or award submissions?

An excellent question.

So good, I thought I would try and answer it in this BD Tips Wednesday post.

The Goal: Brand awareness

When it comes to gaining brand recognition and visibility - for your law firm and its partners/principals - two leading strategies are directory and award submissions. Both have their own unique benefits, so let's take a look at each in turn:

1. Directory submissions

Legal directories are comprehensive listings of law firms and individual lawyers. They provide potential clients with information about legal service providers - including leading lawyers in practice areas and client reviews.

Benefits

  • Increased Brand Awareness: Being listed in a reputable legal directory - such as Chambers, Legal 500, IFLR 1000, WTR or IP Stars, can enhance your firm's online presence and make it easier for potential clients to find you.

  • Client Feedback/Testimonials: Most directories have clients feedback/reviews comments. These can be used in Marketing material (such as bids and tenders / capability statements / on your website) to help build trust in your firm's brand and attract new business.

Cons

  • Cost: Submissions to all legal directories take significant time and input from fee earners. This time is otherwise billable on client matters.

  • Time-consuming: Submitting to directories is a time-consuming project.

  • Long lead time: Thinking just because you've submitted to a directory today means you will be listed straight away is naïve. Getting listed in a directory takes time. Like most things, it needs a strategic approach!

2. Award Submissions

Legal awards recognize excellence in various aspects of legal practice. Awards can be given to individual lawyers, law firms, or specific practice areas based on criteria such as innovation, client service, and case outcomes.

Benefits

  • Prestige: Winning or being shortlisted for a legal award can significantly boost your firm's and it's partners reputation and prestige within an industry and beyond.

  • Marketing Opportunities: Awards can be used in Marketing materials, press releases, and social media to attract new clients and retain existing ones.

  • Networking Events: Award ceremonies provide opportunities for lawyers to network with industry peers, potential clients, and referral sources.

  • Cost: Generally, award submissions are cost effective.

Cons

  • Competition: The process can be highly competitive and there are no guarantees of winning!

But, which should we do?

The decision on whether to do a directory or award submission ultimately depends on your firm's current brand awareness strategy and goals.

If your firm is looking to improve brand awareness, a legal directory submission might be the way to go.

On the other hand, if your firm's primary goal is to boost your firm's reputation and gain recognition within an industry in the short-term, legal award submission can be a much more beneficial tactic.

The fact is that both play a critical role in enabling your firm's marketing and business development strategy by improving visibility, credibility, and client trust.

In a perfect world, you get to do both.

In an imperfect world: go awards for the short game, and directories for the long game!

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

The P | A | S approach to building trust in your solutions

The Problem–Articulate–Solution framework is a simple yet powerful storytelling tool that helps professionals communicate value and build trust with clients.

In his book Persuasive Business Proposals, Tom Sant sets out his P | A | R approach to writing case studies.

Here, P = Problem (set out the problem that needs solving); A = Action (action you needed to take to resolve the problem); and R = Result (self-explanatory).

I like Sant's work a lot and as with most authors whose work I like, I adapt their approach if I think it fits nicely with a business development tactic/initiative.

So for this BD Tips Wednesday post I thought I would introduce you the P | A | S approach to building trust in your ability to solve a client's problem.

The P | A | S approach

P = Problem

First of all you need to identify a problem that your client or target client either has or may have. This could be a compliance issue, the consequences of a change in legislation, etc.

Whatever it is, there needs to be a problem that needs solving.

A = Articulate

Second, you need to be able to articulate what the problem is in a way that your client or target client understands. This means, don't over complicate the issue - follow the KISS approach!

S = Solution

Lastly, you need to provide what the solution might look like. Again, you need to articulate in easy bite-size pieces how your solution will tackle or solve the problem in a way that means the client or target client choses you over your competitors.

Bringing it all together

Now you have a P | A | S structure to evidencing how you can solve your clients' problems, the next time you sit down to write a piece of thought leadership or marketing material, take a few minutes to write down on a piece of paper: "Am I addressing the P | A | S issues?".

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

Why the 'So What?' test is so important to the success of your business development efforts

Great business development messaging is not about what you do—it is about why it matters. Learn how the “So What?” test helps create clearer, more compelling client communications.

When I was younger, my mother would often say to me: "Because it's important to you Richard, doesn't make it important to me".

My mother had worked with lawyers earlier in her career, and I thought this piece of advice just profound (as you typically do with tidbits your mum says when growing up!). Until one day I was working with a partner who said exactly the same thing to me when I mentioned I had been waiting to see him all day!

So what's the point I'm trying to make here?

Well, as with most things in life, when we think about what our clients need/want we think of this from the prospective of what we can provide them, rather what their true needs/wants are. To try and minimise this, I often ask my clients: "So What?".

Asking "So What?" can sound abrasive. But, what it does is help to clarify the message, the reason, the rational we are sending to our clients about why they need our services/products and why they need them now.

And so for this BD Tips Wednesday post I thought I would run through a high-level overview of the "So What?" test.

What is the "So What?" Test?

Being required to answer the "So What?" question is a means of evaluating the relevance and impact of your proposal/messaging to clients or prospective clients.

Answering this simple question demands clarity, purpose, and a focus on client outcomes - and helps move the narrative away from the product/service you are trying to sell.

If you are unable to answer this simple question convincingly, then your proposal almost certainly lacks relevance to the client and will not resonate with them.

Benefits of getting the right answer(s) to the "So What?" Test

Aligns your offer with the what the customer values

  • Asking the "So What?" question forces you to examine whether your solutions genuinely solve the customer’s problem(s). This alignment ensures you focus on outcomes that genuinely matter to your client.

Sharpens your messaging

  • In proposals and presentations, cluttered messaging dilutes impact. The "So What?" question helps eliminate unnecessary fluff and refines your message to its core purpose. Clear, concise messaging drives client engagement.

Helps build credibility

  • Proactively applying the "So What?" question puts you in the shoes of your client. You are able to anticipate their questions and build a solid case for your services/products. Demonstrating this level of critical thinking goes along way to establishing trust and credibility - it's not about you, it's about them!

Ultimately it saves you time!

  • Actively applying the "So What?" question acts as a filter to identify opportunities that are worth pursuing. If you can’t articulate why an initiative matters, it might not be worth the investment of time and resources pursuing that opportunity!

Bringing it all together...

The "So What?" test isn’t just a question - it’s a discipline. Asking the question allows you the opportunity to refine your message - to sharpen your focus, align your efforts, and ensure you’re solving the right problem, for the right person, with the right tools.

Incorporating the "So What?" test into your business development efforts will result in your business development activities becoming more impactful; your messaging more persuasive; and your win/loss ratio becoming more transformative!

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Marketing & Thought Leadership Richard Smith Marketing & Thought Leadership Richard Smith

Standing Out From The Crowd

Many firms claim to be different, but few can demonstrate genuine differentiation. Learn how the 3R Test can help assess whether your point of difference truly matters.

In professional services, we often talk about "standing out from the crowd". But the truth is, more often than not, we are in the centre of the crowd! So for this BD Tips Wednesday post I thought I would share with you what my daughters' call the '3R Test' when considering/deciding whether a differentiator really is a differentiator and helps that business truly standout from its competition.

Is it Respectful?

The first test is: Is it respectful? Here, what we mean is: Is it honest/true?

More often then not, professional services firms set themselves out as being different to their competitors with motherhood statements and hyperbole. Stress test the point, and it quickly falls apart.

By way of example, how many professional services firms state that they are "client centric"? Do a Google search and I suspect you'll get a lot of hits!

Now, leaving side the issue for one second if saying such a statement really differentiates you or makes you another in the pack, a broader question arises: 'Are they being respectful to their clients in saying this?'

Is it Responsible?

A responsible point of difference is one that actually matters to your customers - not you. By having this point of difference, are you trying to make a difference to your clients lives/business, or are you merely trying to standout from the crowd so your business can win more work?

If it is the latter, i.e. you are only trying to win more work and don't really care about the customer, then this is NOT a responsible point of difference and therefore is not a true differentiator.

An example here would be a claim that your firm provided an 'efficient' services (note, not effective, which would be different). The questions that arise here are: (a) is this actually true?, and (b) who gains from these efficiencies - you or the customer?

Because, assume your claim is actually true, if you - the service provider - are the net winner from the efficient service delivery - at the cost of the overall service delivery to the customer - then it is not a responsible differentiator, and therefore it is not a genuine point of difference!

Is it Resilient?

Is the point of difference resilient? Will it stand being stress-tested - by your customers and competition? Will it survive your competition's attempts to copy it (if it really is a point of difference)?

In short, will your point of difference stand the test of time?

Further Reading

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