Bridging the Marketing Practice Gaps for Legal Services in Latin America

Marketing departments are becoming increasingly relevant to law firms in the U.S., according to a recent survey published by the Legal Marketing Association (LMA) and Above the Law.

But is this phenomenon limited to the U.S., or is a similar scenario occurring in Latin America? I asked legal marketing decision-makers in various countries across the region to gain a broader perspective.

At the beginning of 2025, I had a conversation with Hernan Brenna, CMO of Marval O’Farrell Mairal, a top-tier law firm in Argentina, who told me how important it is for the professionals in charge of a marketing department to take a place on the planning board and gain the trust and respect of the partners.

Key data delivery, combined with realistic objectives and strategies, could give marketing and BD teams a key role, improving our budgets and independence.

Key Involvement in Business Planning

As the marketing coordinator of GSA Legal (a firm with over 130 years of presence in the Peruvian market) I must acknowledge that since the pandemic, my department has gained recognition for developing effective strategies in both the short and long term.

Marketing and BD emerged as a priority for our firm’s board of directors, as the need to reach new clients took precedence over other objectives.

But after all the drafting, meetings with the practice areas and setting objectives for the year, is there really an execution of what has been planned, or did we just end up going with the flow?

Talking with some of the heads of the principal law firms in Peru, they agree that marketing departments are getting stronger and leading initiatives in business planning.

Marisol Saravia, who has recently joined Echecopar, recognizes it has been a hard road to empower the area with the partners.

"There are two types of marketing and business development areas in the country. Some firms see these areas as purely supportive, as ones that receive information within a small scope. Then, there is another type of area that encompasses both brand positioning and business development," indicates Saravia.

Transitioning from one type to another requires an educational process that encompasses the entirety of what marketing and BD entail.

She adds: "From the moment attorneys understand that a graphic piece is not made in 15 minutes, from simple things like that to more complex matters, all of this helps the area become more independent and follow a clear line."

Jorge Bárcenas, BD and marketing lead at Benites, Vargas y Ugaz Abogados in Peru, aligns with Saravia's view and emphasizes the relevance of marketing involvement in front office work with lawyers.

"The work of the marketing and business development areas, particularly business development itself, should not be seen as back-office work because the strategy rests on us. It is important that the area steps forward, is present and can be where things happen to stay connected with the business," notes Bárcenas.

Department Budgets as a Factor

Marketing is the art of impacting audiences at the lowest cost possible — one that becomes mandatory when partners have not yet discovered the real value of it for their firm.

Bigger law firms can allocate a larger budget to events, social media, publicity, public relations, legal rankings and other channels. In contrast, mid-to-low-tier companies often have thinner budgets, yet they still cover all these areas and deliver results.

The return on investment in a marketing department, and even more so in the legal business, is a key indicator that helps smaller law firms gain notoriety among partners. When actions translate into business opportunities, marketing may request a larger budget.

"The budget is reviewed and adjusted annually, with adjustments always being made upwards, based on the strategic objectives defined for each period. These adjustments consider both external factors, such as inflation, and the inclusion or exclusion of specific initiatives. This flexibility enables an efficient allocation of resources, aligning with the firm's growth and positioning priorities," says Magdalena Engel, CMO of Carey in Santiago de Chile.

Technological Era

Lawyers seemed reluctant to the idea of taking advantage of technology within legal practice. In a profession where tradition translates into quality, exploring new business methods and offering legal services enhanced by technological innovations could deter some individuals.

In my experience, a law firm is not ready to adopt a new system or software unless it has been proven effective by a similar one. In the worst-case scenario, it may adopt it simply because all the others are doing so, without considering whether this update suits their actual needs.

The non-risk mindset becomes the primary problem in this transition, and Marketing is one of the first departments, along with IT, that implements new software to improve processes.

Best Practices

As the survey revealed, coaching for lawyers in business development has become a key strategy for improving commercial skills in a law firm.

Lawyers understand that they are fundamental to the business, and that they must adapt the way they do business — not in essence, but in how they execute it — with purpose.

"I believe the essence of what generates business will not change. The primary value of a lawyer is composed of three key elements: experience, trust and time. That will not change; what will change is how you translate that into actions that allow you to position these values," explains Saravia.

Gaps in the Latin American Context

In conclusion, a gap remains in empowering marketing departments within law firms. It is happening, but mostly in stronger firms with a bigger budget and a team that can handle all the responsibilities and tasks that this area demands.

"In the Chilean context, the majority of these departments still operate as support areas, with small teams that must assume multiple functions, many of which are outside their specialty, such as human resources or housekeeping. To advance toward a strategic role, it is necessary to strengthen the structure, professionalize the area, and foster an organizational culture that recognizes the impact of our work on the sustainability and differentiation of firms," concludes Engel.

On the other hand, marketing is gaining relevance in the business and requires a professional view aligned with the growth of law firms.

"For me, the marketing and BD areas are as front office as the lawyers," says Saravia.

The primary task for those now leading marketing departments in the region is to continue delivering value to partners so that they can understand the importance of our role in the legal business, set aside egos and work and learn together.

Learn More About Business Development with the Third Edition of the LMA Body of Knowledge The content in this feature correlates with the Business Development domain in the LMA Body of Knowledge (BoK). Dive deeper and access the latest edition of the BoK online. The Third Edition of the LMA BoK showcases enhanced expertise across every domain, introduces new competencies in Client Services, Communications and Technology Management, features more advanced skills across all domains and broadens coverage of competitive and business intelligence skills. Plus, it emphasizes a stronger commitment to nurturing diversity, equity, and inclusion across the entirety of the BoK. Learn more.