Or rather, why is getting the result you want in court, like good marketing?

In July this year, I found myself at Reading County Court, with a client. The story behind how I got there and what my client had done is another story, for another time, but it got me thinking. I achieved exactly the result my client and I wanted, without any legal representation. I’m not suggesting that I’m a legal expert all of a sudden, or that you should attempt to represent yourself, should you find yourself in front of a judge. However, I do think that going to court has a number of similarities to marketing.

Let me explain. What’s the main aim of marketing? It’s about encouraging someone else to agree to your proposal. When you run your own business, the main function of marketing, in really simple terms, is to encourage people to buy from you. It’s about having them answer ‘Yes’ when you ask “Would you like to buy what I’m selling?”

We wanted the judge at the court to answer “Yes” when we asked “Will you agree to set aside this judgment that has been brought against my client?” That was the answer we got, so how did we achieve it? How did we market our proposal to the judge?

1. Be prepared. We received the date of hearing about six weeks before the event. This gave us plenty of time to prepare. We started to put together the paperwork we needed weeks before we needed it, rather than leaving it to the last minute. This is just like researching a potential client before you meet with them. Don’t turn up knowing nothing about their business or the issues they are struggling with. We did our research, finding out exactly where we needed to be and how long it would take to get there. We actually arrived early enough to spend a quiet hour in a lovely café over the road from the court building on the day. When you visit a prospect, research the route before you set off so that there’s no chance of being late. Arriving late and flustered won’t do you any favours with a judge or a prospective client.

2. Look the part. I like to wear bright colours. I feel very confident in a smart dress and pair of boots, even when I’m meeting a potential client for the first time, or giving a talk at a networking event. Being a Marketing Consultant, I can get away with looking slightly ‘creative’ and it’s important for me to stand out – after all, there are thousands of other Marketing Consultants out there. However, I knew that a colourful outfit would not be suitable attire for a court appearance. Smart jacket and skirt in dark colours helped me blend into the background, rather than shouting “Look at me!” Every legal person in the court building was dressed the same way. The same was not true of many of the people obviously appearing in front of the judges. How would you react if a potential supplier of professional services turned up at your office in jeans and T-shirt? How seriously did the judges take the people dressed that way, that day? Walking confidently into the room, with a brief case and a file of orderly paperwork gave a much better impression.

3. Have a clear message and know what objections you face. The first thing that the judge told us was “I don’t see how I can set aside this judgment.” That was exactly the opposite of what we wanted her to say. I could have violently disagreed and told her that she’d made a mistake and didn’t know what she was talking about. Instead, I listened to her objections (or why she didn’t want to ‘buy’ from us.) Then I asked if I could explain the situation in more detail. I’d rehearsed over and over in my head what I wanted to say – a bit like your one minute pitch at a networking meeting, or a talk you’re giving. It was clear and concise, backed up with evidence (in my orderly file of paperwork.) She listened quietly, asked me a few questions (to which I knew all the answers) and then said “In that case, yes, I will do what you want me to do.” We thanked her politely for her time and left. It wasn’t until we were well out of her hearing that we did a little victory dance in the corridor!

Before we attended this hearing, my client and I spent a lot of time thinking about what we wanted to achieve and the best way to do it. We didn’t just walk in and hope for the best. We planned and prepared and researched. We crafted our ‘marketing’ message and as a result, we got the result we wanted.

I am not suggesting for one minute that you should look for ways in which to find yourself in front of a judge. You should be focusing on doing the right things in your business. However, the next time you need someone to say ‘Yes’ to your proposal, think about how you can be prepared, look the part and have a clear message. Think about the best way in which you can ‘market’ your proposal to them, to get the result you want.

(The details of this case are completely confidential and I am not at liberty to discuss them, so please don’t ask me about them!)