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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 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, 6 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. Do Market Research to 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.
Based on market research findings, the law firm may choose to position itself as a law practice that serves, for example, all foreign-born clients who reside in a given city. Alternatively, it can decide to specialize in working with a narrower category of clients, such as Vietnamese-speaking small business owners based in that metropolitan area. The more the law firm segments its target market, the easier it will be to develop new marketing messages or customize the existing ones to resonate with the target audience. Become a Foreign-Language-Friendly Firm 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. 7 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. Gain Competitive Edge Through 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. 8 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:
Knowledge of a foreign-born client’s culture would provide an American attorney with a context for interpreting, for example, a battered immigrant woman’s behavior. As noted below, domestic violence is not a legal matter in many countries. Therefore, such women are likely to treat abuse as a very private matter and be reluctant to testify against the abuser. On a different note, potential roadblocks in attorney-client conversations can be caused by a lack of understanding of how business is conducted in different countries. German banks, for example, do not mail monthly bank statements to their customers. It is up to the customer to request a bank statement while visiting the bank in person. Therefore, a German-speaking client who tells his U.S.-born attorney that he has no German bank statements in his possession and cannot easily obtain them is not necessarily being uncooperative. Use Bias-Free Language Foreign-born clients, as a rule, are proud of their ethnic identity, and law firm personnel should be respectful of that. 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, or Argentinean. 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. Hold a Focus Group 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. Educate Prospective Clients 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 Code 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. Use 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. A law firm that provides information of this nature might gain a lot of credibility in the Spanish-speaking community. Advertise in Ethnic Media 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. 23 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 a large city 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, pre-recorded 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. Support the Ethnic Community 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 non-profit 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, 24 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. Be Diligent in Targeted Marketing Abraham Lincoln said, “The leading rule for the lawyer, as for the man of every other calling, is diligence.” 25 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. About the Author Footnotes 1. See http://www.census.gov.
See also “Percent of Population that is Foreign Born by State,”
available at http://www.census.gov,
and “Percent of Population that is Foreign Born by County,” available
at http://www.census.gov.
Recommended Reading on Business and Culture Axtell, Gestures: The Do’s and Taboos of Body Language Around the World, Rev. ed. (John Wiley & Sons, 1997). Dresser, Multicultural Manners: New Rules of Etiquette for a Changing Society (John Wiley & Sons, 1996). Hur et al., Korea (Culture Shock!) (Graphic Arts Center Pub. Co., 2002). Lafayette De Mente, Business Guide to Japan: Opening Doors . . . and Closing Deals! A Quick Guide (Tuttle Pub., 1989). Morrison et al., Dun and Bradstreet Guide to Doing Business Around World, Rev. (Prentice Hall Press, 2000). Roces et al., Philippines (Culture Shock!) Expanded ed. (Graphic Arts Center Pub. Co., 2002). Sabath, International Business Etiquette: Asia & The Pacific Rim (Authors Choice Press, 2002). — International Business Etiquette, Latin America: What You Need to Know to Conduct Business Abroad With Charm and Savvy (Career Press, 2000). — International Business Etiquette Europe: What You Need to Know to Conduct Business Abroad With Charm and Savvy (Career Press, 1999). |
Acquiring
Foreign-Born Clients: Marketing Legal Services to a Growing
Niche
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Editor: Debra F. Goldman (DGoldman@GMLJ.com) (This publication is the property of the Atlanta Association of Legal Administrators. Reproduction or reprint without prior permission is strictly prohibited. Click here to request reprint permission.) Designed/Distributed By 
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