Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Breaking Bad: The Pitfalls of Using Research and How to Avoid Them

By Marci Borgal Shunk
January 31, 2016

Let's face it. Law firms are neophytes at using competitive intelligence (CI) to inform strategic business decisions. It has been only three decades since law firms hired the first full-time, dedicated marketing professionals; and much less since they began relying on CI professionals to track industry or client trends. Law firms are just now learning how to incorporate CI into decision-making, rather than relying solely on tradition, individual partners' pet passions or anecdotal perceptions of “what's hot.” The resources, tools and professionals performing CI in the legal industry have come a long way. Yet we still have a long way to go.

In the research industry, we have a saying: “Our biggest competitor is bad research.” Bad research takes many forms. It may be the study that announces a newsworthy, and often counterintuitive, statistic based on a sample size of 16. Or the assertion that market growth in an area of state litigation has flatlined, only to learn that the research tool does not aggregate the most active county's data. Or ' my favorite ' the exciting finding that your competitor is the absolute best at XX from a researcher who interviewed just three of its clients. Ah, the list is seemingly endless, which is why, in a world where information has become the backbone of decision-making (and rightly so), it is that much more important to quickly ascertain what's worth listening to ' and what's not.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.