Late Night Debacle is a Lesson on Writing an Attorney Marketing Plan

Posted by Dave Lorenzo

Once again there is trouble on the late shift.

In case you have not been following entertainment news, here is a brief overview:

In September 2009 the NBC brain trust moved Jay Leno into a one hour show at 10PM.  This move dislodged him from the Tonight Show (which he hosted since 1992).  Conan O’Brien became the new Tonight Show host.   The NBC Brass loved the move since they were able to profitably sell the new 10PM show to advertisers.  (A talk show is much cheaper to produce and air than a scripted show with an ensemble cast). 

As it turns out, nobody likes watching Jay Leno at 10PM and only a few people like watching Conan on the Tonight Show.  The affiliates (television station owners) are really angry.  NBC screwed up royally and they needed to fix it. 

So what did they decide to do? 

They tip toed around behind the scenes and opened negotiations with Jay to move him into a 30 minute show at 11:35PM (that is currently when the Tonight Show starts).  This means the Tonight Show would need to be moved back a half hour.  Once Conan got wind of this he was not happy.  Although an agreement is imminent, the drama played out on TV, in the newspapers and on line.  In the end, it will cost NBC tens of millions of dollars and much more than that value in talent (Conan will probably end up leaving).

Here are three things we can learn from this mess:

When something works, stick with it until it stops working.  Don’t tinker with it just because you can.

Conan O’Brien always wanted the Tonight Show and he has demonstrated that he would wait for it.  His contract was not up yet and neither was Jay’s.   The ratings for both shows were good.  But NBC wanted to cut costs during the 10PM hour.   So they made this ridiculous deal with these guys.  They messed up a good thing. 

We do this kind of thing all the time.  We come up with a client acquisition tactic that works and then we tinker with it.   

What do I mean? 

You go to a networking event, you meet a few people, you follow up with them and you get new business.  But then you don’t go to another event for six months.     

You give a speech and it results in a couple of good new clients.  Instead of looking for other venues to give that same speech again, you decide to give a different speech that doesn’t work as well. 

When something works, stick with it until it stops working.  If you give a speech to a group or trade organization and you receive a positive response, give that same speech to a different group (within the same industry).  If networking brings you new clients, stick with it until you simply can’t shake another hand.

Don’t mess with things that are working just for the sake of making a change.

Put the client at the forefront of any new business strategy.

NBC thought they knew what was best for the viewers of late night television.  Magically, this aligned with their desire to cut costs.  It appears that NBC wanted to do what was best for NBC and the viewers’ desires were secondary.

Every day you face choices that affect the wellbeing of your law firm.  It is easy to make those choices when they are black and white - either good or bad for your client.  It is not easy to make those choices when they are grey. 

Always be guided by giving the client the greatest value for their investment in you.  This is the most powerful advertising strategy you will ever employ as it is the key driver of word of mouth.   

Do what you love because you love to do it.

Both Jay and Conan are making light of their situation.  They realize that it provides them each with an opportunity to get some laughs.  And that’s what they love to do, regardless of when they appear on television.

If you don’t enjoy being an attorney (at least 80% of the time) you need to make some changes.  Your passion for your profession and your desire to help your clients will make all the difference in the results you get. 

Ultimately, the current late night television situation will be a footnote on the careers of both of these gentlemen.  It is media fodder now but it will all be forgotten with positive ratings results.   But this debacle for NBC serves as a reminder that good planning is far more valuable than most of us realize.

Think things through from every possible angle.  Most of the time big mistakes are just not this funny.

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