Q&A with Marketing Expert & Podcaster Scott Berry

If you’ve spent any time in the immigration law world, you’ve probably noticed a pattern: most firms sound...the same. Messages blur together. The calls to action echo one another. And the sense of personality gets lost somewhere between the statute and the slogan.

Scott Berry noticed it too, and decided to do something about it. An award-winning marketer whose agency, MarketCrest, resided inside an immigration law firm, Scott now serves as a fractional CMO for immigration firm owners across the country. He’s helped firms scale from $800K to $5M in annual revenue by doing something deceptively simple: getting intentional about their voice.

We recently had a conversation with Scott to get his take on what most firms get wrong about marketing their immigration law firms, why fear-based messaging is so common (and costly), and how leaders can build a better culture—and a client experience—rooted in something far more sustainable: hope. 

The missing element for most immigration law firms

Scott, you’ve said that most immigration firms don’t actually have a marketing “voice.” What do you mean by that?

Scott Berry: When you read their websites or scroll their social feeds, you can immediately tell they’re immigration attorneys, but there’s no discernible tone. Their content is informative and professional, but it could be swapped with 80% of other firms in the U.S. It’s not wrong, but it means you blend into the crowd.

And to be fair, that usually happens because founders don’t come from a business or marketing background. They love the law, not brand strategy. But with today’s access to fractional CMOs and business coaching, there’s no reason not to stand out.

How fear creeps into your marketing (and why it works)

In today’s political climate, many firms seem to lean on fear to drive engagement. Why is that?

SB: To a degree, it’s the environment. When this administration came back, January 2025 was one of the busiest months immigration attorneys have seen in decades. The phones were ringing, consultations were up, and there was a lot of energy in the market. 

Then February went quiet. So firms started reaching for something that would get people moving again. Many gravitated toward what was already working everywhere else. The media and social platforms were dominated by fear-based content: breaking news banners, red alerts, and chaos on repeat. It worked. It got attention. So firms reposted, shared, and even built their own messages around that energy. 

How can a firm tell if their messaging comes from a place of fear or urgency? 

SB: If your videos start with “breaking news from Washington,” or you’re referencing Trump, ICE, raids, arrests…that’s fear-based messaging. It’s a valid, effective approach, and it motivates people to act. A good salesperson knows calm clients rarely buy; sometimes you have to hit that emotional “check engine” light.

But this approach can come with a cost. When you consistently market through urgency and fear, you begin to attract a certain type of client. They’re more reactive and anxious and that mindset carries through the intake process, into your consultations, and sometimes all the way into your reviews. It sets a precedent for the service you’ll have to deliver: fast, high-touch, emotionally charged. 

It also shapes how your firm is perceived after the chaos subsides. If your brand becomes synonymous with emergency-driven messaging, it’s harder to pivot when the news cycle changes. You’ve trained your audience—and sometimes your team—to expect adrenaline. That’s powerful when the headlines are loud, but it can be draining when they’re not. 

So when does it go too far?

SB: When every post becomes a fire drill. You end up exhausting not just your audience, but yourself. It can suck the joy out of your work. If chaos isn’t in your nature and you’re forcing it, it will weigh you down. Then the law firm goes as the leader goes.

The road less traveled: Hope-based marketing

You describe hope-based marketing as “the rarest of all.” Why is that?

SB: Because it’s hard to fake joy. Hope-based marketing comes from a genuine belief that your clients can live free from fear—that their future is still bright. Most of us aren’t wired that way after years of fighting uphill battles in immigration law.

The hopeful ones stand out the same way that one incredibly loving aunt stands out at family gatherings. Everyone knows her because she’s rare. Hope-based founders bring that same energy. They make complex issues simple, speak calmly, and remind clients of opportunity instead of only danger.

What does that look like in practice?

SB: You’ll see language like:
 “Live free from fear.”
 “Gain the knowledge and peace of mind to achieve your American dream.”
 “Start living a fearless life.”

It’s all about optimism and empowerment. It’s still realistic, but anchored in possibility.

Finding your immigration firm’s authentic voice

For attorneys who realize they’ve defaulted to fear-based messaging, where should they start?

SB: Start by auditing your brand. Take 30 minutes and scan your website and social content with a critical eye.

• What images are you using—people smiling, or people in handcuffs?
• What words open your videos? “Breaking news” or “Here’s how you can move forward”?
• Are your posts giving people anxiety or clarity?

If what you see doesn’t reflect who you are, it’s time to adjust. The best time to make that change was a year ago; the second-best time is right now.

How does having a clear voice translate to business results for immigration firms?

SB: Everything comes down to ROI. Marketing isn’t just spending. It's an investment. When firms niche down and get intentional, results follow.

We’ve seen practices go from scattered messaging to laser-focused, personality-driven brands and double their efficiency. Once you’ve chosen your lane, whether humanitarian, deportation defense, or extraordinary talent, you can decide whether your tone leans more toward urgency or encouragement. Either way, it’s the clarity that makes you stand out.

If you don’t define your voice, the market will define it for you, through your reviews, your receptionist, your turnaround time. Every touchpoint speaks for you.

Marketing predictions for the coming year

With immigration policy constantly shifting, do you think we’ll see more firms leaning into fear or hope in the coming year?

SB: Fear will always be the easy button. But I think the firms that rise above are the ones who can deliver clarity and calm. The market is more competitive than ever. Ad budgets are at an all-time high, and firms are fighting for attention nationally, not just locally.

If you want to grow in 2026, you have to be intentional. Decide who you are, niche down, and make every message, verbal and non-verbal, align with that decision.

That’s a wrap

When you launched your own firm, you didn’t just become a lawyer, you became an entrepreneur. That comes with the responsibility to be deliberate about how your firm shows up in the world. As Scott puts it, “Be intentional and never blend in. Decide who you are, and message the heck out of that.”

Because in a field where fear is loud, authenticity and a little hope can be the real differentiator.

Scott Berry is the founder of immigration law firm digital marketing agency MarketCrest, and the award-winning Immigration Nation Podcast. He can be found at AILA conferences, on leading publications, as a Grand Panel Judge for multiple International Marketing awards, and in his role as a Fractional CMO for immigration law firms.