Have you ever put yourself in a prospective client’s shoes? Why would he, she or it hire you? Seriously, why? I’m sure you’re a good lawyer but (a) how would a prospective client know that and, perhaps more importantly, (b) can most prospective clients, at the point of purchase, discern between an average lawyer and a good one, or even a great one?

Consciously or not, most lawyers make a choice to craft professional personas that are largely indistinguishable from others. From their new business pitch to their website bio, they purposefully look, sound, act and describe themselves in a similar manner. This poses a dilemma for clients: When confronted with a commodity, how to make a choice?

The paradox is that sellers of actual commodities do the exact opposite of lawyers. They compete fiercely on grocers’ shelves, for example, to stand out from their competition. Only by standing out, they understand, can they capture a greater share of market.

I’m not an IP lawyer. I’ve never worked on a copyright issue. But I am a lawyer and a marketer, and although I no longer practice law, I can still spot an issue when I see it. And there’s a big, glaring one lurking for many law firms who are failing to take the steps necessary to protect their brand-related intellectual property.

I raise it because it’s an important issue. We all know that intellectual property rights are an essential element of a law firm’s value and competitive edge. Law firms invest heavily in the creation and promotion of their brands. And in today’s digital and international business world, it’s harder than ever to protect and enforce IP rights.

But there’s a low hanging fruit IP issue (a simple housekeeping issue, really) that is chronically overlooked.

What comes to mind when you hear the term “personal brand”? For many lawyers, it conjures up visions of billboards and bus stop advertisements; self-promotion and aggrandizement. The law is a noble profession, and so the idea of aggressively promoting oneself is unseemly and unprofessional.

I agree, to a point. The problem is that while some lawyers take it too far, most don’t take it nearly far enough. The market for legal services is fiercely competitive and lawyers need every edge they can get. A compelling personal brand can provide one.

If you want to build a successful legal practice, there’s no getting around the fact that you need to excel at your craft. Technical and subject matter expertise are the building blocks of business development. Acquiring a high level of skill is the price of entry. That’s step one.

Step two is learning how to package, position and promote your expertise to the marketplace. To stand out, a lawyer must be mindful of both substance (expertise) and form (brand).

To overcome apprehension about focusing on personal branding, it’s important to dispel misconceptions about what it means to develop a powerful presence in the marketplace.