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Shopping CartIt would seem like a no-brainer. You or a family member, relative or friend needs a lawyer. Hey, I’m a lawyer. I know lots of lawyers. That should be easy. But in many cases, it is not. We know the practice areas we know. And in many cases, those are not necessarily typical consumer-facing ones. And I can’t tell you how many times I’ve had commercial real estate attorneys complain to me about getting calls from Jane Doe for a residential commercial real estate transaction. Or an employment lawyer getting a call from John Doe to represent him against the very company that is your client. I remind them that the public does not typically know the difference between plaintiff side and defense, or a real estate attorney handling multi-million-dollar commercial transactions and not interesting in reviewing your kid’s college apartment lease (which many of us have done). This all traces back to us—the “educated” consumer that is a lawyer and needs a lawyer. It should be so simple.

But we often find that it is not always so easy. I doubt many of us in the practice are going to look to advertising for help. We’ll reach out to a variety of colleagues for suggestions and guidance. My most recent marketing column in the January/February 2025 issue of Law Practice, Lawyers Shopping for Lawyers, tackles the business development considerations of the referral source and the challenges that come with marketing (and representing) other lawyers.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

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TextingIn once again serving as the issue editor for the Ethics-themed December 2024 edition of the American Bar Association’s Law Practice Today webzine, I contributed an article addressing recent changes to the Rules of Professional Conduct in Pennsylvania, and related ethics opinions, addressing texting in two different ways—ways where texting can be improper solicitation, and a whole different definition of “solicitation”—as it relates to sexting. In the article headline I submitted, “For PA Lawyers, Remember Sexting is Sex; Texting can be Improper Solicitation,” I may or may not have made it more salacious to increase readership and interest (i.e. click bait). But our copy editors did edit my title to the official “Can Texting Be Improper Solicitation?”

Many thanks to the authors contributing excellent articles to the Ethics issue. Michele Carney wrote on Formal Opinion 512 and The Reasonableness of Fees When Using AI. Dave Ries once again tackled a cybersecurity ethics issue with Ethically Avoiding Fraud and Scams. Law Practice Division chair-elect Dan Siegel authored Generative AI Competence. And Charity Anastasio wrote on Lesser Known but Wildly Helpful Ethics Rules. All of us—myself, Dave, Dan, Michele and Charity—are active members of the ABA LP Ethics & Professionalism Committee.

If you are blocked from reading the article behind the ABA paywall, it is provided below in its entirety.

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ethics-regulations-ai-artificial-intelligence-hammer-gavel-judgement-legal_1162612-1423-300x200A few months ago, I was asked to provide the ethics attorney perspective for a Legal Marketing Association (LMA) program, AI for Communications and PR: What You Need to Know Now. At that point, I had not put a lot of thought into the ethical considerations. As with most business development professionals, I had already incorporated artificial intelligence (AI) into my day-to-day. But as is often the case for many lawyer speaking gigs, I delved into the topic and learned it–quickly. And because I believe strongly in taking a presentation and turning it into an article (or vice-versa), my marketing column addresses the issues in the September/October 2024 issue of Law Practice, Ethical Issues When Incorporating AI Into Law Firm Marketing.

Where I come from, when you say “A.I.” it can only mean one thing—Allen Iverson. But in most parts, AI has become a part of our everyday lives—whether we’re talkin’ about practice, not a game, or almost every aspect of business operations (IYKYK). The bottom line is that AI is integrated into almost everything. Thus, the need to understand where the Rules of Professional Conduct (RPC) and other ethical issues in law practice come into play. As I note in my column, no less than 15 different RPCs were noted in one state’s AI task force report, as it relates to potential ethics issues that overlap with law firm marketing concepts.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

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TikTokIn recently reviewing a law advertising campaign, I found myself saying that we need to run this on TikTok. I looked at the matter and the target audience, and it seemed quite clear that this was the best way to engage. My growing fascination with one of the newer online tools—from something I considered a ridiculous kiddie timewaster—to an app that someone sends a link with useful (and/or entertaining) information nearly every day. When it comes to effective law marketing in 2024, you need to know TikTok—and that is why I wrote TikTok Is Gospel to Generation Z in the May/June 2024 issue of Law Practice.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

Summary

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law360In the July 25, 2023 edition of Law360, reporter Aebra Coe writes on How Law Firms Can Capitalize On Marketing As Demand Lags. In my interview with her, we discussed what to do with lags in demand, and the best ways to guard against it.

“As many law firms see business decline amid a sluggish economy, some may cut back their marketing budgets to save on costs, however marketing experts say now is actually an important time to double down and create new business opportunities,” writes Coe.

Summer is also a good time for lawyers and their firms to focus on marketing and business development, as business naturally slows in the summer months, according to Micah Buchdahl, president of law firm marketing company HTMLawyers.

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Sam_Smith_Pic-290x300

Pictured (L to R): Pam McDevitt, Tom Grella, Micah Buchdahl, Walt Karnstein, Andrea Hartley

On May 18th, I had the privilege of being honored by the American Bar Association’s Law Practice Division with the Samuel S. Smith Award, recognizing an individual who has demonstrated outstanding lifetime achievement in the field of law practice management.

Read the ABA’s press release here.

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Temple_ESQ_Spring_2023-231x300

The magazine for Temple Law School Alumni

Thanks to Patrick Plunkett and Dean Rachel Rebouché at the Temple University Beasley School of Law for thinking of me in contributing the “Top 10 Tips” segment of the Spring 2023 issue of Temple ESQ. In Top 10 Tips for Attorney Marketing and Business Development, I try to boil down a lot of what I do into 10 pithy things totaling around 500 words—not an easy task.

My tips are not rocket science. But as I often like to say, something is better than nothing. And if lawyers struggling to figure out how to market walk away with one thing for a to-do list, then that is something better than nothing.

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60 MinutesIn serving as an issue editor for the Marketing-themed March 2023 edition of the American Bar Association’s Law Practice Today webzine, together with my co-issue editor Jason Marsh, we tried to put together a collection of articles that would prove both timely and informative.

My article contribution, Marketing Your Practice in 60 Minutes or Less, is not rocket science. But people read this stuff (click bait? Perhaps?). And it is designed more to encourage doing something, rather than simply doing nothing. Sometimes I too should follow my own advice. We’re all busy. But if we can just carve out a little time for business development each week, we’ll be the better for it. My wife keeps asking me when I’m going to get around to updating my own website and writing some fresh content. Soon. Soon. Maybe I should do it one hour at a time.

Paula Zirinsky writes on Marketing Opportunities in a Slow Market. And there is nothing more timely than Abbey Block of the Ifrah Law Firm in Washington, DC, writing on Can My Lawyer Be a Robot? We’re reading about issues surrounding artificial intelligence every day now, and the impact that it has, and will have, on the legal profession. Addressing some similar themes but from a total different angle—law marketing and AI—is Chat GPT, Your AI Friend in Content Marketing? For Lawyers, It Depends, by Marina Wilson of Justia.

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Point-Counterpoint - Model Rule 5.5

SNL’s Point-Counterpoint

Perhaps, I’ve never (co) authored an article with a smaller potential audience than the great give-and-take on the bandied-about subject of Model Rule 5.5 under the Rules of Professional Conduct. In the November 2022 edition of the American Bar Association’s online webzine, Law Practice Today (LPT), together with Charity Anastasio of the American Immigration Lawyers Association (AILA), we debate the viability of a revision.

In Point-Counterpoint:  The Likelihood of Revising RPC 5.5, we ask and answer the question – Is the Association of Professional Lawyers’ Proposal for a Revised Model Rule 5.5 on its way, or DOA?

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