I just read an article at RainToday.com that has the whiff of “controversy” about it: ‘Branding’ and Other Fad Words That Keep You from Doing a Good Job, by contributing editor Bruce Marcus.

Why “controversy”? Because I can’t believe that every lawyer who reads the following is going to agree — in fact, I can almost hear the howls of protest in my head already:

A brand, it’s commonly accepted, is a promise. It’s a promise of quality, as well as consistency. You know that the next tube of your favorite brand of toothpaste will be the same as the last. Can one say that of legal or accounting services or the performance of lawyers and accountants?

A professional firm may have a name that many people recognize. It may have a reputation for managing its clientele effectively and efficiently, and meeting its expectations, with intelligence, skill and integrity. It may even have the consistency of visual recognition of its graphics, as do product brands.

But these virtues hardly qualify for the traditional title of brand. Certainly, if a firm advertises as much as Coca-Cola or Dell, its graphics will readily identify a professional firm. But it doesn’t guarantee that the next matter the law firm handles for you will have the same outcome as the last one, or that the next tax opinion will be as good as the last one.

What do you think? Can you brand a law firm? I say “Of course you can,” and I’m tempted to think Mr. Marcus doesn’t really get what law practice marketing is about these days. To me, the brand of a solo is the solo. You have to package yourself as the business, and present your unique qualities, traits, experience, or some other aspect (alone or in combination) as your brand.

Nor do I accept the premise that it’s a shallow concept. Insofar as any judging of covers may lead to shallow assessments of the books inside, perhaps — but it’s a the necessary first step. Just like blogging alone does not make a marketing plan, so too must we include the brand identity as the foundation of that plan.

Or so I think, anyway. Do you disagree? Tell me why in the comments below.