Tag Archives: marketing

Does Your Law Firm’s Online Marketing Comply With ABA Rules?

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This post is a must read for any attorneys or law firms using internet marketing.  You want to make sure that your practice is complying with the ethical rules when it comes to internet marketing.  But this should not be your only stop.  Each state has different ethical rules to follow, and this post will discuss how the ABA rules apply to attorney websites and blogs.  After reading this post, you should pull up and review your own state’s professional conduct code and look for similar provisions.

Let’s state by first briefly discussing the professional rules we follow.  We know that law is a self-governing profession with a fair amount of ethical rules for lawyers to comply with.  Today, these are called the Model Rules of Professional Conduct (the “Rules”) and were adopted by the ABA’s House of Delegates in 1983 from the older Model Code of Professional Responsibility.  These were of course preceded by the Canons of Professional Ethics which was adopted in 1908.

However, these rules are not binding on a lawyer unless their state has adopted them or promulgated similar provisions.  Currently, most states have encompassed the model rules in their own professional codes with the exception of California.

We are also well-aware that the law typically lags behind when it comes to addressing topical advancements, such as technology and the internet.   Even though some states like New York have thoroughly parsed through how the law and technology relate (see, i.e., NY Rules of Professional Responsibility 7.5(e)), the ABA’s Rules really have not.

So now let’s look into the ABA Rules.  Rule 7 is under the broad heading of “Information About Legal Services.“  This is where we can find the majority of the rules and principles pertaining to attorney marketing on the internet.

The first, overarching rule we need to be concerned about is Rule 7.1–”Communications Concerning a Lawyer’s Services.”  This Rule prohibits a lawyer from making “a false or misleading communication about the lawyer or the lawyer’s services.”  The rule continues by defining a”false or misleading” communication as one that “contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.”  (see also Comment 2).

According to Comment 1, this rule DOES apply to websites and blogs because it “governs all communications about a lawyer’s services, including advertising permitted by Rule 7.2.”  Any website will have information about a lawyer or law firm’s practice areas which, even if just listing the practice areas, arguably comes under the parameters of this law.  But the case for advertising is only strengthened because Comment 3 even says that firm news, former clients, and information like recent cases–even if they are true–are considered advertising!  This kind of information is frequently included on a firm’s website or blog.

As noted, Rule 7.1 refers in its Comments to Rule 7.2–”Advertising.”  Sub(a) is another very broad provision which allows attorneys to advertise “through written, recorded or electronic communication.”  Comment 3 here acknowledges that “electronic media, such as the Internet, can be an important source of information about legal services.”  Therefore, websites and blogs undoubtedly fall into this category and cannot be false or misleading under Rule 7.1.

Comment 2 also provides information regarding what can actually be included in the advertisements.  It states that this rule permits:

  • Information concerning a lawyer’s name or firm name, address, and telephone
  • The kinds of services the lawyer will undertake
  • The basis on which the lawyer’s fees are determined, including prices for specific services and payment and credit arrangements
  • A lawyer’s foreign language ability
  • Name of references
  • And a catch-all allowing other information that might invite the attention of those seeking legal assistance.

However, it is VERY important to note that states might have different takes on these allowances!  For example, New York only permits foreign language ability if fluent and not just a general ability.  Also, this Comment is slightly misleading, because sub(c) REQUIRES that a communication has the name and office address of at least one lawyer or law firm, but the comment only “merits”; an important “must vs. may” distinction and trap to be aware of!

The next important rule is Rule 7.3–”Direct Contact With Prospective Clients.”  This rule really pertains when you are directly soliciting clients, BUT also sending out e-mail newsletters to individuals you have not yet had a clients.  The rule does have a carveout for past clients, unless an exception applies.  In addition to prohibiting in-person and live telephone calls, this rule also specifically includes “real-time electronic contact[s]” in the prohibition against advertising for employment. Of course, there are two exceptions as to whether the other person is a lawyer or the person is either family, close friend, or prior professional relationship.  This exception would include past clients in newsletters.

But this rule still prohibits a lawyer from sending e-mail to another person if that person 1) has “made it known” they do not want to be solicited or if it 2) contains “coercion, duress or harassment.”  This means, even if you have had an individual before, if they ask you to remove them from the subscription/email directory, you cannot send them newsletters anymore or you are breaking an ethical rule!

Additionally, EVERY e-mail sent MUST including “Advertising Material” at the BEGINNING and at the END!

The last rule that really applies directly to websites and blogs is Rule 7.5–”Firm Names and Letterheads.”  At first glance, this rule might not look like it applies.  However, it is thrown into the Comments and is actually really state specific because the United States Supreme Court has permitted legislation that would prohibit the use of trade names in professional practices.

This rule includes the firm names, including website addresses according to Comment 1.  The Comments also directly reference to Rule 7.1 and state that a website address cannot be misleading.  So websites like “www.WeWon’tLose.com” is barred in every state.  However, states that permit trade names–for instance in the Comment a name like “Springfield Legal Clinic”–could be used as a website address.  Again, the most important lesson from this rule is to check your state’s comparable rule to ensure you comply with it.

In conclusion, we know that attorney advertising is generally one of the heavily-regulated aspects of the practice of law.  While the ABA Rules are somewhat lacking in directly addressing lawyer marketing on the internet through websites, e-mails, and blogs, the Rules have still tossed into the Comments evidence that the actual subsections do apply.

The bottom-line is to always check your state’s profession conduct code and their Comments, but also look at some other sources not addressed in this post.  Ethical and Advisory Opinions issued by your state’s grievance/ethical committee and the ABA also provide a wealth of information for you look at as well.  Generally, these sources will be a step ahead of the Rules and are a good point to look at for interpretation of the Rules.

Finally, be familiar with the entire professional conduct code as this post is not exhaustive in what could potentially apply.  While it goes without saying that this post should not be construed as legal advice, it is certainly a good point for you to start and reread the sections, comments, and see what other rules apply.

As internet marketers ourselves, we are well-aware of the rules we must follow for our clients and prospective clients.  What makes this especially difficult for us is that we are not state specific–clients may be in other states with other rules!  While we are conscious about the ethical rules in that state, the bottom-line is that the lawyer or law firm is responsible for ensuring their advertising, website, and blog comply.

If you have any questions or would like to learn more, please contact us at inquiries@NABLegalMarketing.com.

Law Firm Marketing: Is There A Magic Bullet?

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Most other legal marketing experts will tell you “absolutely not–it is a combination of a lot of complex factors.”  And you know what, they’re generally right.  You cannot simply buy the side-advertising space of a larger bus to beat your competitors, nor can you add borders or colors to your Yellow Pages ad to make it stand out.   BUT there still is a common theme underlying many–if not all–of the legal marketing “theories” out there.

Persistence.

To be success at marketing you need to consistently keep at it through many avenues.  Paying large sums of money for the most attractive, functional attorney website out there will, frankly, do nothing for you in the long run if you are not 1) adding content to it regularly, 2) updating the pages regularly, 3) advertising it through more than just organic internet searches, and 4) updating your website’s frame work.  You need to continually work at attracting prospective clients through new means.

So instead of really one magic bullet, you need more like a magic gun–a golden gun of legal marketing. You’ll need to shoot out your image:

  • On the internet through search engine searches advertisements on the side
  • On your website; keep it updated!  The internet changes overnight–paying once for the be-all, end-all website will not continue to work for long.  SEO rules particularly become outdated at a pace which seems daily!
  • On your blog–it is absolutely one of the most important marketing and information tools out there today for attorneys who generally do not utilize its full potential.  Constantly updating and adding content is the only way to keep your website effective.
  • On social media like Facebook, Twitter, Linkedin, etc.  These are free and easy opportunities for you to expand your readership and presence out there.  As some friends and family directly to re-share some of your posts, or just generally your Facebook page, to reach new individuals.
  • Through mass-mailing newsletters to send out to current or past clients to let them know you are still willing to assist them with any legal issues that may arise.  Newsletter could also include information CDs or DVDs for your clients who prefer to listen as oppose to read your newsletters; give them many different mediums.
  • Perhaps on the TV through advertisements we well.  Generally, I disfavor TV advertisements because people are trained to ignore what’s in between the shows.  However, if you neglected to advertise on the TV, you would certainly miss out on a certain demographic.
  • Through YOU.  That’s right–you’re face-to-face interactions with individuals.  You need to marketing yourself through these interactions, even if it is just letting others know who you are, what you do, and that you are always willing to help them .  A sharp business card does wonders here, particularly when you hand them two; one for them, and one for a friend.

These are just examples of SOME of the different ways to expand your presence.  Recognize the heavy emphasis on internet solutions; a must.  Simply failing to use the internet to your advantage will leave you miles behind your competitors.  Also notice that most of these solutions can be rather simple or basic, but you need to have a full and balanced lineup to win the game.  Only doing what is best or simplest for you, is still neglecting other facets you could be taking advantage fo that might be best or simplest (accessible) for your clients.

If you have any questions, please do not hesitate to contact us at inquires@NABLegalMarketing.com.

Law Firm Marketing: Why it’s Hard and Why Legal Blogs Work

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Let’s face it: People ignore advertising–there is just too much.  For instance, Consumer Reports estimated that Americans see 247 commercials in a day.  Marah Creative, a successful web development firm, estimated that number to be 287 directed advertisements a day.  A news agency swelled that number to 500 advertisements a day for the average American.  Yet another source estimated we see–in one form or another–up to 5,000 advertisements, marketing campaigns, or slogans a DAY!

This is particularly true of attorney advertising as well.  Most firms and attorneys pay hefty amounts of money to over-saturate the market with there names, slogans, and logo; the principle being name recognition.  Particularly against large firms, other attorneys cannot compete head-to-head with this advertising strategy; it just costs too much.

But we already acknowledged people ignore attorney advertising.  The fact of the matter is most people do not need attorneys, and the ones that do likely already have attorneys.  Thus, why would people focus on attorney advertising in those situations?  They won’t!

For instance, you do not pay attention to car dealership or real estate opportunities until you need either a car or house.  At that point, you will investigate–generally online–your options to make your best choice.  You’ll seek out information not just about the car or house, but also the individuals who are imposing the product on you.  The same is true for attorneys.

So how can you stand out to either individuals who do not have an attorney yet or those that have one?  A legal blog!

Like cars and homes, attorneys are expensive.  With the difficult economy, individuals want to make sure they are getting the best value for their money.  Despite seeing significant amounts of advertising, individuals will still go online to look up the attorney’s information.  Think about it–if you want to buy a car and you see hundreds of commercials for a dealership, do you call that dealership straight from the TV commercial?  Or do search online for “car dealerships in [city/town]“?

This is another boon to your practice!  A “TV law firm’s” website might only be a shell providing just contact information, YouTube videos of that commercial (again), and some over-broad statements about their practice or successes.  The client really does not get a feel for the quality of their work though.

However, your website is well-maintained and contains a legal blog.  This blog provides insight into your practice, how your firm operates, and provides free legal information to clients.  Free is always good–especially because some clients do not want money or “justice,” but they actually want answers.  Providing quality information on your website with the answers embedded in a blog will empower your clients to understand their situation better with the material provided.

Moreover, your blog extends your practice area and generates more internet “buzzwords” which can be hit-on by more internet searches.  The more buzzwords you have out there on the internet, the more opportunities that prospective clients have to connect with your legal blog on your law firm’s website.  It is this expansion of “web presence” that will get your more clients then forking over significant amounts of money for “name recognition.”

We provide quality articles or blog posts for your law firm’s website to be drawn in these new clients.  We believe it is essential for attorneys–young and experienced–to be on the internet in this day and age.  If you are interested in our services or have any questions, please contact us at inquiries@nablegalmarketing.com.