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Marketing to Foreign-Born
Clients Law firms whose marketing strategy
fails to differentiate among the range of publics in need of legal
services may be missing out on a significant opportunity.
While there’s much to learn about marketing and providing services
to those whose language and culture may be unfamiliar, becoming the
go-to firm for one of these target markets can bring significant rewards.
There is an under-represented,
largely untapped market in multilingual America. It is growing exponentially
— and so is its purchasing power. In 2002, more than 11 percent of
the total U.S. population, or 32.5 million people, were foreign born.
Among them, 52 percent were born in Latin America, 26 percent in Asia,
14 percent in Europe, and the remaining 8 percent in other regions
of the world, such as Africa and Oceania.1 The national buying power
of Hispanics, pegged by the Selig Center for Economic Growth, was
$653 billion in 2003, and is projected to exceed a trillion dollars
in 2008.2 The buying power of Asian consumers was $344 billion in
2003, and is projected to reach $526 billion in 2008.3 Based on the above, many foreign-born Americans are likely
to own their own businesses, obtain mortgages and buy homes,4 acquire
college degrees, and generally create great marketing opportunities
for law firms that pay attention to their needs. Clearly, their participation
in the economy would generate a need for legal services pertaining
to such areas as business law, immigration law, family law, civil
litigation, workers’ compensation, and criminal law. On occasion,
foreign-born Americans also are likely to need legal advice related
to government contracts, labor law, franchises, landlord/tenant law,
liquor licensing, insurance law, real estate law, condominium law,
construction law, estate planning, and elder law. Unlike their predecessors, newcomers to the country continue
to keep their sense of cultural identity by retaining their native
languages and customs. Today, almost one in five Americans speaks
a language other than English at home.5 In 2005-06, for example, 23
percent of the total student population of the Minneapolis Public
School system spoke a “home language” other than English.
Spanish, Somali and Hmong comprised the largest language groups.6
For purposes of this article, such individuals, often called “ethnic
Americans,” are referred to as “foreign born.” “Foreign- born” persons
are defined here as those who have been raised in a foreign country,
currently reside in the United States, and speak little or no English.
Many law firms make no concerted effort to connect with and
market directly to this potentially lucrative niche market. Some law
firms may not want to deviate from an existing marketing strategy,
and would rather wait for this market to come to them. Other law firms
discount this market as unworthy of time and effort, due to the often-parochial
perception of such clients as “difficult.” Still other firms may assume
that foreign born clients should be served only by lawyers who speak
their own native languages. In the past, many law firms have hired minority attorneys fluent
in the languages of such clients. However, despite initiatives undertaken
by many law-related organizations, there is a scarcity of minority
attorneys and, perhaps, bilingual attorneys in the marketplace. Minority
entry into the legal profession has slowed significantly since 1995,7
making it prudent for law firms to seek other means for representing
foreign-born clients effectively. This article suggests ways American law firms can establish
key points of differentiation, or gain a competitive edge, in the
minds of foreign-born clients. It discusses the need to develop cultural
sensitivity and bias-free language skills, the way to become a foreign-language-friendly
law practice, and the alternatives to advertising in the traditional
mainstream media. Finally, the article provides practical tips for
positioning the law firm as an “expert” in serving foreign-born clients.
Discover a Niche Targeted marketing to foreign-born clients, as any targeted
marketing, can generate a higher return on investment than mass marketing
to the general public. To be successful, targeted marketing needs
to be based on sound facts and a high level of understanding of the
target audience. The law firm’s positioning decisions can be influenced
by such factors as a partner who has Polish-ethnic background or a
paralegal who speaks Laotian. To find niche markets within the ranks of the foreign-born,
a law firm can start by asking the following questions.
Foreign-Language Friendly Law firms should use the services of an interpreter during
meetings with a non-English-speaking prospective or existing client.
This is an effective and tangible demonstration to clients that the
firm respects their language and culture. It also shows that the firm
is interested in pursuing the client-attorney relationship in a way
that will be comfortable for the client. Without an interpreter present,
a client may not be able to understand the difference between a “contingent
fee” and “time-based fee,” or may not have a clue about plea-bargaining
or probation. With an interpreter, the clients should feel more in
control and “in the loop.” Be advised that well-meaning bilingual
friends or relatives of the foreign-born client typically do not understand
the role of an interpreter. As a result, they are likely to interpret
only what they consider to be relevant and may omit or edit some important
statements made by the non-English speaker. 8 Most people remember only 20 percent of what they hear — even
less when their stress level is high, which is often the case when
trying to grasp the importance of legal documents. A non- English-speaker
is especially “at risk” for confusion and might not be held accountable
for remembering the meaning of any legal document, even if the text
of that document were interpreted by an interpreter. To serve the
non-English-speaking client more effectively, important documents
should be translated and put in writing for the client to read before
signing. The firm should keep a copy of each translated document in
the client’s file, and provide the client with his or her copy to
keep at home. Such documents may include retainer agreements, disclosure
statements, and settlement agreements. Professionally translated documents also will enhance the law
firm’s image and should be viewed as strategic marketing assets, differentiating
the law firm from its competitors. The fact that the law firm makes
important documents available in the languages spoken by its non-English-speaking
clients sends the highly marketable message that the firm is friendly
to those who are not fluent in English, that the firm cares about
foreign-born clients, and that the firm is accustomed to serving the
interests of such clients. Most important, foreign-born clients are
likely to perceive that the law firm is providing a value-added service
with greater benefits than other firms. Cultural Sensitivity Effective marketing starts with a clear view of the clientele
— the target audience. This requires insight into the clients’ attitudes
and values, challenges, and expectations. When faced with a legal
problem in their new homeland, foreign-born individuals are likely
to manifest fear, insecurity, agitation, and mistrust. It is important
to bear in mind that many of them have never before been in contact
with lawyers. They also are likely to have different communication
styles, lack knowledge of the U.S. legal system, and have no understanding
about specialization in the legal profession. They may perceive crime
and conflict differently than American-born citizens, based on their
own cultural imperatives. Lawyers committed to serving foreign-born clients, therefore,
need to develop cross-cultural empathy. This is the critical ability
to see the client’s world, at least for a moment, through that client’s
eyes. Understanding is the foundation of empathy, so lawyers may find
it helpful to research topics such as the language, religion, customs,
and ethnic distinctions of their foreign born clients, as well as
the history, politics, and legal system of their country of origin.
The challenge is to use this information only as a point of reference,
not to stereotype or to generalize. A good place to start such research
is Infoplease,® which is searchable by key words.9 It provides links
to up-to-date reference information encompassing the history and culture,
as well as the language and political system of various countries.
Other resources include the following:
Bias-Free Language Foreign-born clients, as a rule, are proud of their ethnic
identity, and law firm personnel should be respectful of that. For
example, attorneys need to recognize the possibility that many Spanish-speaking
individuals do not think of themselves as “Latino” or “Hispanic,”
but as Mexican, for example, or as Puerto Rican. Generally, “Latino”
and “Latina” should be used to refer only to persons who have Latin-American
ancestry. Also, although “Hispanic” may be an accurate term for describing
people in the United States whose ancestors came from a Spanish-speaking
country, it “homogenizes” many diverse peoples. It could be offensive
to some because it was coined by the U.S. government and does not
have the benefit of “being self-chosen.”15 Similarly, the word “Oriental” may be considered by some to
be an ethnic slur. Not only does this term reflect a Eurocentric perspective,
but it also retains a long-ago connotation of Asian countries as exotic
lands of romance and intrigue.16 As with the words “Hispanic” and
“Latino,” the term “Oriental” tends to reduce an entire continent
of diverse races and cultures to a single ethnic identity. Although
some may think “Asian American” is an appropriate generic term, it
is better to use a more specific term,17 such as “Chinese American”
or “Filipino American,” whenever possible. Another important fact to remember is that certain Middle Eastern
people should be called Arab or Arabic (coffee and language also are
Arabic). However, horses are Arabian. Also, the “terms ‘Arab’ and
‘Muslim’ are not interchangeable — most Muslims are not Arab, and
many Arabs are not Muslim.”18 Likewise, ethnic Armenians or Kazakhs,
who come from the republics that used to be part of the former Soviet
Union, do not appreciate being referred to as “Russians,” even though
they may be fluent in Russian. Generally, it is not recommended to lump groups of people with
varying histories, cultures, and languages under a generic term. To
avoid inadvertently offending and alienating prospective and existing
clients, it is better not to use a label in communication with them
until the attorney determines how the client wants to be identified;
that is, which appellation, if any, the client prefers. Focus Groups No law firm can understand everything about the niche market
it is trying to reach. When marketing to the foreign born, it helps
to look at things from a prospective client’s perspective. The law
firm may assume that foreign-born individuals, when faced with a legal
problem, are likely to look through advertisements in a newspaper
or in the Yellow Pages, or simply enter the first building they see
with a “Law Office” sign. However, a faulty marketing hypothesis could
lead to financial disaster if a law firm relies on a wrong assumption.
Therefore, it may be expedient to hold a focus group prior to finalizing
such important business decisions as opening a new office in a prospective
niche market’s locale, hiring bilingual staff, or launching a new
multilingual marketing campaign. Always think, “Is this something
our clients want?” A focus group panel should comprise eight to fifteen individuals
with demographic characteristics identical to those of the law firm’s
niche market. During a controlled discussion, the focus group participants
can shed priceless insights into the target audience’s “hot buttons,”
as well as their thought and emotional processes. For example, they
can explain such concepts as the loss of face in their culture, why
some members of that culture may self-medicate work-related injuries
instead of seeking medical attention, what constitutes a ground for
divorce, how alimony arrangements are handled, how banking is done,
and whether intoxication is a rite of passage. The panel also can review and help refine the law firm’s marketing
materials, attempting to make sure the target audience would understand
the law firm’s marketing message the way it was intended and would
not be inadvertently offended by its form or content. Finally, the
panel can advise the law firm regarding specific cultural responses
to such things as color in the law firm’s marketing materials and
on the law firm’s website. In Japan, for example, black and white
banners are used during funerals. Also in Japan, cheap and discounted
products have red price tags attached to them. Therefore, too much
of the color black or red in a professional services brochure may
not bring up appropriate associations for a person from that culture.
Prospective Client Education Differentiation is critical to successful marketing in any
profession, but especially important when targeting clients from abroad.
The last thing a law firm wants is to be perceived as fungible by
its prospects. For the law firm’s marketing message to be successful,
it needs to differentiate itself in a compelling way in the minds
of its foreign-born prospects and clients. One way to do this is to
preemptively position the law firm as having expertise in the types
of legal problems the prospects are likely to encounter. Knowing that
foreign-born clients are, literally, hungry for accurate information
on many legal issues, law firms can satisfy that need by crafting
customized education-based marketing messages in the languages of
foreign-born clients and include such messages in the law firm’s marketing
materials and website. As with any marketing and advertising in English,
law firms need to be mindful of the Rules of Professional Conduct
and other ethics standards before finalizing their foreign language
marketing and advertising messages.19 Professionally translated marketing materials should convey
legal expertise, cross-cultural sensitivity, and empathy. These materials
should not be perceived as part of a sales pitch. Their role is to
position an attorney or a law firm as a generous source of free and
reliable information in the minds of prospective foreign-born clients.
Although such information typically would be available in the public
domain, the law firm should assume that their foreign-born prospects
and clients may not know how to find it, especially in their own languages.
As a result, such clients would be less intimidated contacting that
attorney when they need help. A marketing plan may further include publishing articles or
columns in the ethnic print media and on ethnic websites in the languages
of the niche market to educate foreign-born readers on various subjects.
Some of the topics might include: what constitutes a misdemeanor or
crime; Miranda rights; the attorney-client privilege; the role of
the federal and state courts; the jury system; wills and probate;
and what business owners and employees need to know about business
entities and liability issues, workers compensation, and labor law.
The law firm also should post published articles on the law
firm’s website, as well as include them in the information packets
provided to prospective clients who attend educational seminars sponsored
by the law firm. Further, such articles may be incorporated into the
law firm’s online newsletters and be made available electronically
by subscription. Another idea is to add a “frequently asked questions”
(“FAQs”) section on the law firm’s website to educate prospective
and existing clients on key legal concepts and terms relevant to the
law firm’s practice areas. Make the FAQs available in languages of
the law firm’s niche market. Public Service Announcements Another education-based message is the public service announcement
(“PSA”) that addresses topics of interest to the target audience in
the languages of the target audience. For example, consider alerting
non-English-speaking victims of domestic violence, irrespective of
their country of origin and cultural background, to the fact that
battering is a criminal offense in the United States, and there are
services available to help them. Foreign-born women who have been
victimized in this way often fear they will be deported or will lose
their children through divorce due to the often false information
instilled in them by the batterer. Law firms may inform them of their
immigration status options and U.S. laws, such as the Violence Against
Women Act.20 Similarly, alerting Spanish speakers to the very limited role
that notaries play in the United States is both a public service and
a boost for an individual law firm. The “notario publico” in Latin
American countries (known as an “escribano publico” in Argentina)
is a well-respected attorney who has taken an additional certification
exam and actually draws up documents, known as “public notarial instruments”
or “public deeds.” Also, although it is wise for a U.S. attorney to
seek a Mexican attorney who is also a notario to represent his or
her client in a land transaction or probate action in Mexico,21 a
U.S. notary not only does not perform the same role, but “is forbidden
from preparing legal documents or giving advice on immigration or
other matters, unless he or she is also an attorney.”22 To protect consumers, some states have passed legislation prohibiting
the use of the term “notario publico” in advertising aimed at the
Spanish-speaking public. For example, the Colorado Legislature in
2004 enacted legislation prohibiting use of “the phrase ‘notario’
or ‘notario publico’ to advertise the services of a notary public,
whether by sign, pamphlet, stationery, or other written communication,
or by radio, television, or other nonwritten communication.”23 A law
firm that provides information of this nature might gain a lot of
credibility in the Spanish-speaking community. Ethnic Media Advertising It should be noted that five areas of the law — personal injury,
bankruptcy, criminal law, family law, and workers’ compensation —
account for 95 percent of all legal ads in the Yellow Pages.24 However,
traditional Yellow Pages advertisements, as well as advertisements
in mainstream national and general-interest magazines and newspapers,
may attract only a marginal number of non-English speakers. Foreign-born
clients are more likely to respond to culturally relevant marketing
messages they hear on “in-language” television and radio stations,
see in the ethnic print media or ethnic Yellow Pages (for example,
Iranian Yellow Pages) in their own languages, or even in English language
ethnic newspapers. Law firms committed to becoming visible and to being perceived
as worthy of trust by foreign-born clients need to identify media
outlets that, although seemingly obscure, are viewed by the prospective
client base as “credible.” This is not an easy task. Besides national
in-language print media available to the ethnic constituents by subscription
only, metropolitan areas are likely to have several local in-language
publications, targeting the same ethnic group. Such publications also
can be found in ethnic stores and restaurants, and some of them may
have online versions. Thus, a law firm that wants to market legal
services to the Russian-speaking or Chinese-speaking population in
the Twin Cities metro area may discover that there are several local
Chinese-language and Russian-language weekly newspapers to choose
from. Law firms need to analyze all available publications before
deciding where to invest advertising dollars. For maximum visibility
in the chosen ethnic market, it may make sense to advertise in all
the in-language publications, targeting the chosen niche in a specific
geographic area. Advantages of ethnic newspapers are that they are less saturated
with advertisements from competing law firms, are fairly affordable,
and have a longer shelf life than mainstream English-language newspapers.
Moreover, due to their limited circulation and unique content, ethnic
weekly or bimonthly papers often are passed around and even consulted
in lieu of Yellow Pages in the markets where ethnic Yellow Pages are
unavailable. The law firm’s return on its investment for advertising in
a niche publication can be outstanding. To increase response to the
law firm’s advertisements, consider placing ads with attention-grabbing
headlines, such as “Ten Secrets You Should Know About … (the area
of law firm’s expertise). Call this phone number … for a free booklet.”
When foreign-born prospects call the phone number in the ad, they
should hear a welcoming, prerecorded message in their language, giving
them reasons to request a free booklet. Once they leave their mailing
address and phone number on the voice mail, the law firm should mail
them the promised free booklet in their language and, from then on,
can continue to market legal services to them directly. Community Involvement Attorneys who are sincerely committed to fostering mutual respect,
trust, and long-term relationships with ethnic constituents might
consider giving something back to that community and promoting good
will. Ways to become involved in such a community include: joining
a local ethnic chamber of commerce (for example, the Asian-American
Chamber of Commerce); contributing to a charitable cause; sponsoring
an ethnic community outreach program, an event celebrating ethnic
holidays (such as the Chinese New Year), or foreign film festival;
volunteering for a legal clinic at a local ethnic community center
or a radio or television station; or performing pro bono service for
ethnic nonprofit organizations. Still another way to support the local ethnic community would
be through teaching or coaching. Consider teaching a class or conducting
a seminar jointly with one of the Small Business Administration’s
business development centers,25 or at a public library or ethnic community
center. If the seminar is open to the public, write and distribute
an announcement about it to the local press, libraries, ethnic community
centers, chambers of commerce, and ethnic websites. Many newspapers
would publish this announcement in the calendar of community events.
Finally, law firms may prepare seminar materials in the language(s)
of the law firm’s niche market and include a flier with the law firm’s
address, phone number, and website. Diligent Marketing Abraham Lincoln said, “The leading rule for the lawyer, as
for the man of every other calling, is diligence.”26 The successful
marketing of legal services will not happen overnight. Attorneys committed
to establishing an attorney-client relationship with someone whose
language and customs are different will experience a learning curve.
It will take perseverance and flexibility to set aside established
perceptions and beliefs in order to connect with foreign-born prospects
and clients. Clearly, foresighted attorneys will use targeted marketing
both as an opportunity to learn to represent foreign-born clients
more effectively and as a chance to break away from the pack and open
up a whole new market for legal services. This can uniquely position
the law firm as a law firm of choice in the eyes and minds of members
of that niche market and, in turn, lead to an ongoing stream of referrals.
Notes 2 See Humphreys,
“The Multicultural Economy 2003: America’s Minority Buying Power,”
Selig Center for Economic Growth, University of Georgia, Athens, GA.
3 Id. 4 Bergman, “Moving to America: Some Foreign-Born Groups More
Likely to Own Homes Than People Born in U.S.,” Census Bureau Reports,
available at http://www.census.gov/Press-Release/www/releases/ archives/foreignborn_population/001399.html. 5 Frey, “Multilingual America,” 24 American Demographics 20 (July/ Aug. 2002). 6 Minneapolis Public Schools, “2005-06 Annual Report on Curriculum,
Instruction and Student Achievement,” available at www.mpls.k12.mn.us. 7 Meckler, “Just the Facts: What Demographics Tell Us about
the Future of Our Profession and Our Clients,” 18 GPSolo 1 (Jan./Feb. 2001). 8 Ivanichvili, “A Lawyer’s Guide to Cross-Cultural Depositions,”
32 The Colorado Lawyer 81
(July 2003). 9 See http://www.infoplease.com.
10 See Amnesty International
Library, available at http://web.amnesty.org/library/engindex.
11 Human Rights Watch is available at http://www.hrw.org/countries.html. 12 FindLaw: International Resources is available at http://www.findlaw.com/12international/index.html.
13 See “Finding Foreign
Law Resources on the Internet,” available at http://www.law.columbia.edu/library/ Research_Guides/foreign_law/forlawresources. 14 See http://embassyworld.com.
15 Bannai and Enquist, “(Un)Examined Assumptions and (Un)Intended
Messages: Teaching Students to Recognize Bias in Legal Analysis and
Language,” 27 Seattle Univ.
L.R. 1 (Summer 2003). 16 Id. 17 Id. 18 Mashney,“Working with Arab Clients,” 21 GPSolo 1 (Jan./ Feb. 2004), available at
http://www.abanet.org/genpractice/magazine/janfeb2004/workingwarab.html.
19 In Minnesota, see
http://www.courts.state.mn.us/lprb/05mrpc.html. The following
website provides links to ethics opinions and advertising rules, searchable
by state: http://www.legalethics.com/ethics.law.
20 See the Violence
Against Women Act or VAWA (1994), available at http://www.usdoj.gov/ovw/. See
also Victims of Trafficking and Violence Prevention Act of 2000,
available at the same location, which includes the Violence Against
Women Act of 2000 (VAWA 2000).This act broadens the protections for
battered spouses and children originally enacted in the 1994 Act.
21 Folsom, “Mexican Real Property Ownership Implications for
Colorado Estate Planning,” 32 The
Colorado Lawyer 51 (April 2003). 22 See National Notary
Association brochure, available at http://www.nationalnotary.org/UserImages/WhatNotary.pdf.
23 See Colorado S.B.
04-127: “Concerning Prohibited Conduct of Notaries Public.” This bill
was signed by the governor on March 23, 2004. The act is available
at http://www.state.co.us/gov_dir/leg_dir/olls/sl2004a/sl_55.pd.
24 Potter, “Review of Legal Resources,” 32 The Colorado Lawyer 43 (June 2003). 25 See http://www.mnsbdc.com/.
26 The Columbia World
of Quotations, No. 36190 (1996), available at http://www.bartleby.com/66/90/36190.html. ? This work has been modified from its original form as
published in: The Colorado Lawyer at: Vol. 33, No. 6, June, 2004. NINA IVANICHVILI is CEO of
www.languagealliance.com, a legal translation and interpreting firm,
providing foreign language support in over 80 languages.
She is also a certified English-Russian translator and a court
interpreter, and author of “A Lawyer’s Guide to Cross-Cultural Depositions.”
Reach her at (303) 470-9555, or email her: translate@languagealliance.com. |
