Personal injury firms rank 7th of 68 Australian industries on Acquisition Performance at 69.2. Commercial law firms rank 65th at 52.8. Same profession, same regulator and the same monthly marketing budget band across all 19 scored firms, with a 16.4 point gap in getting found and a 22.9 point gap the other way on retention.
Personal injury firms buy demand. Commercial firms inherit it. Only one of those is a strategy you control.
The Take: Personal injury firms are the seventh best industry in Australia at getting found. Commercial law firms are the fourth worst. Same profession, same regulator and roughly the same monthly marketing budget. The gap between them runs 58 places deep.
Why do personal injury firms out-rank commercial law firms on getting found?
Personal legal services score 69.2 on Acquisition Performance against 52.8 for commercial law, a 16.4 point gap that puts the two halves of one profession 58 places apart across 68 Australian industries.
Ask a partner at a commercial firm why acquisition sits at the bottom of the budget and you get a version of the same answer every time. Corporate work comes from relationships. Panels, referrals, a directory entry, a long lunch. General counsel do not go looking.
That is not a market truth. It is a spending decision that has been repeated for long enough to sound like one.
Here is what makes the excuse hard to hold. Personal injury lawyers in Queensland are legally barred from advertising their services on radio, television, cinema or recorded telephone messages under the Personal Injuries Proceedings Act 2002. Print is restricted to a name, contact details and areas of practice. No pictures. No self-promotional statements. Those same limits apply on any website that is not their own.
They still out-acquire the firms advising the ASX 200, who face none of those restrictions at all.
What does the scoring actually show?
Acquisition Performance is the dimension that asks one question. Can the market find you? It reads organic visibility, paid presence, channel spread, content output, review velocity and social reach.
The two legal cohorts are close to identical on the overall Marketing Score. They are built completely differently underneath it.
Two businesses landing 1.6 points apart on the headline number, with a 16.4 point hole in one direction and a 22.9 point hole in the other. Read the two gaps again. These are not better and worse marketers. They are opposite operating systems wearing the same qualification.
Commercial law is one of only three industries out of 68 where Acquisition is the single weakest of the six dimensions. Nationally that happens to just 8% of Australian businesses. Being hard to find is an unusual way to fail in this country. In commercial law it is the defining one.
Personal injury firms rank 7th of 68 Australian industries on Acquisition Performance. Commercial law firms rank 65th. Same profession, same regulator, same monthly marketing budget band.
Is the gap explained by size or spend?
This is where the finding gets harder to wave away.
Both cohorts sit in the same monthly marketing budget band. All 19 firms across the two groups. Not a similar band, the same one.
The company size mix is close to a match as well. Personal legal runs four medium, three large and two small firms. Commercial legal runs four medium, three large and three small. Neither cohort is being carried by a giant.
So it is not money and it is not scale. It is allocation. One group spends its budget on being found. The other spends it on being remembered by people who already know them, which is exactly what the Retention column says: 70.1 against 47.2.
At the firm level the spread is stark. Maurice Blackburn posts the highest Acquisition score in either group at 80. Madgwicks Lawyers posts the lowest at 42. The strongest acquirer among Australia's top commercial firms is Herbert Smith Freehills at 62, which is level with Turner Freeman, the second weakest personal injury firm on the list.
Herbert Smith Freehills finishes with the best overall Marketing Score of any firm we have scored in either cohort. It gets there on retention and brand, not on demand. That is a perfectly good business. It is also a business with no acquisition engine, which is a fine position right up until a referral network changes hands.
What does this mean if you are not a law firm?
Australia's legal services sector turns over roughly A$35.8 billion a year across more than 25,000 businesses. Very few of them are personal injury shops. The pattern this exposes is not really about law.
The pattern is this. Any business whose demand arrives through relationships will systematically under-invest in being found, because the pipeline looks healthy right up to the moment it is not. Commercial real estate carries the same shape in our data. So does engineering consulting. So does anything where a handful of buyers know who you are and the wider market does not.
The tell is simple. If your Acquisition score is your weakest dimension, your growth is capped at the size of your existing network. That is a genuinely comfortable place to sit. It is also the one position where a competitor with an average product and a working acquisition engine can take share off you without ever meeting your clients.
Methodology and data vintage
Businesses are scored 0 to 100 on six dimensions from observable signals rather than self-report. Acquisition Performance reads whether the market can find you, not how much you spend trying. Figures here cover 721 Australian businesses across 81 industries, scored as at August 2026. League positions use only the 68 industries carrying at least five scored businesses. Full methodology at How We Score.
Both legal cohorts are small samples, nine and ten firms. Treat the firm-level numbers as illustrative and the cohort averages as directional. The two groups also differ on market positioning, with commercial firms scored as premium and personal firms as mid-market, which we have covered separately as its own effect.
The opinion, flagged as opinion
I think being unfindable is a choice that most professional services firms have never actually made on purpose. It gets inherited. Someone decided years ago that the work comes from relationships. The referrals kept arriving. The assumption never got tested again.
Personal injury firms had that option taken away from them. They compete for strangers under advertising rules that would make most marketing directors quit, and they have built the acquisition machinery to match. That is not a compliment to their taste. It is an observation about what constraint does to capability.
If you have never seen your own Acquisition score next to your industry's, that is the single most useful number to start with. Get your business scored in Hub and see where you land.
Related: why the biggest companies are not the best marketers, what premium positioning costs you at the point of sale and the retention league where personal legal services finish last. Browse the full industry data in Benchmarks.
Frequently asked questions
What is a good Acquisition Performance score for an Australian business?
The average across 721 scored Australian businesses is 62.9. Above 70 puts you in the top handful of industries. Below 55 means the market is struggling to find you regardless of how good the offer is.
Which Australian industries are best at getting found?
Retail, online education, wine and spirits retail, franchise systems and travel operators all average above 69 on Acquisition. Personal legal services sit seventh at 69.2.
Which Australian industries are worst at getting found?
Immigration services (49.7), private schools (50.8), mining and resources (52.3), commercial law (52.8) and emergency trades (53.8) round out the bottom five of the 68 industries with at least five scored businesses.
Does a low Acquisition score mean a business is performing badly?
No. Commercial law firms average a 62.0 Marketing Score, roughly the national mark. A low Acquisition score means growth depends on an existing network rather than on new demand. That is a description of where your growth comes from, not a failure.