Intake • Analytics • Twenty Years of Cross-Examination

Every case runs on unreliable narrators. So does your marketing - unless you're watching.

I write a lot of songs, and more than half of them are told by a narrator who's wrong about what just happened. I didn't plan that - it's just where my head goes, probably because it's also where every case I've ever worked goes. The client's account, the police report, the eyewitness on the stand: none of them are lying, exactly. They're just narrating from inside the story, which is the one place you can't see it clearly. A law firm that isn't capturing and analyzing its own intake and marketing data has the same problem, pointed at itself - a confident story about where clients come from, with nothing underneath it that would hold up on cross.

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Nobody in the story is lying. That's what makes it hard.

Cross-examination isn't about catching liars. It's about the much more common problem: people telling you the truth as they experienced it, which isn't the same thing as what happened.

The client

Every case starts with a client's account of events, told from inside a moment they were not calmly observing at the time. It's not dishonest. It's a person reconstructing a story under stress, after the fact, in their own favor - which every person does, always.

What it teaches: the first version of any story is a starting point for investigation, never the final word.

The police report

A report is a summary written by someone trained to write reports the way their department writes reports - useful, but built to support a conclusion the officer already reached before the paperwork started. Distances get rounded. Sightlines get assumed. Nobody's out there measuring.

What it teaches: a secondhand account of a place is never as good as having stood in that place yourself.

The eyewitness

Eyewitness memory doesn't record events like a camera; it reconstructs them, and every reconstruction is a little more confident and a little less accurate than the one before it. The witness on the stand isn't lying. They're describing a memory that's been edited a dozen times since the event, by their own mind, without their permission.

What it teaches: confidence and accuracy are two different things, and a jury - like a business owner reading their own gut - tends to trust the wrong one.

I stopped trusting secondhand accounts a long time before I stopped trusting marketing reports.

I used to go to the scene myself. Walk it, photograph it, dictate the conditions into a camcorder on the spot - the light, the distances, the sightlines a police report always flattens into a paragraph. Nobody made me do that; it just seemed obviously better than arguing a case from somebody else's secondhand description of a place I could simply go stand in. I've written more about what that habit actually taught me about local SEO, but the short version is the same lesson twice: a photograph beats an argument, and having been there beats being told about it, every time.

If I wouldn't take a cop's word for how a scene looked, I'm not going to take a firm's word for where its clients come from.

Most firms can tell you a story about their marketing. Referrals are strong. The website "does fine." Google Business is "handled." It's usually said with total sincerity, and it's usually built on nothing more solid than the client account or the eyewitness memory above - a confident impression, reconstructed after the fact, that's never once been checked against what actually happened. Ask which channel produced last month's retained cases and watch how fast "fine" turns into a guess.

That's the whole case for the tracking most firms skip: not tracking is choosing to be an unreliable narrator about your own business, on purpose, for no reason. The data doesn't care what story you'd prefer to tell. It just tells you which of your marketing dollars are actually collecting, and which ones are only supplying an alibi for the meeting where you decide not to change anything.

This is the same discipline the audit runs on: read the table before you put more money on it, and read it from the actual data - call tracking, intake source, conversion by channel - not from whoever tells the most confident story in the room. Most firms have never once cross-examined their own marketing. I have, on every case I've ever tried. I'm not going to stop now that the witness is a spreadsheet instead of a person.

Cross-examine your own marketing.

The audit starts by getting your intake and marketing data on the record - what's actually converting, not what everyone in the office believes is converting. Then we go from there.

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