Law Marketing

Published on: February 11, 2014

WMT: Super Bowl Sunday Brings a Lawyer the Ultimate Viral Video

Know your audience. That is my response to the many “water cooler” conversations about what might be the most successful lawyer viral video to date. I’d love to know–and will likely ultimately ask him–what expectations Jamie Casino had when deciding to buy expensive and lengthy local TV ad time on the Super Bowl; and, more importantly, was it a successful new business generator? But for a personal injury practice looking to stand out in a crowded field to an everyday Joe audience–BINGO.

In this month’s Web Marketing Today article, I discuss the wild, raging online viral video success of the sleekly-produced, Hollywood movie quality, two minute ad for a personal injury lawyer. It is like nothing you’ve ever seen before. When all is said and done, it won’t matter that it originally ran for two minutes on the Fox television affiliate in Savannah, Georgia during the Super Bowl. The vast majority of the international viewing audience will see it on YouTube or embedded on another site.

The majority of my clients are midsize and large corporate law firms. None of this would be remotely interesting to them. Actually, they’d generally find it somewhat horrifying. Our marketing and business development strategies are as far away from a consumer-oriented TV ad than placing a huge billboard on I-95. But when I do get to work on marketing for a plaintiffs’ practice or other consumer-driven area of law, the concepts of branding and lead generation are totally different–and can be a lot of fun.

Published on: February 2, 2014

ABA Journal CLE: Leveraging the Press — Marketing Yourself through the Media

by Micah Buchdahl

Join me on February 13th in Washington, DC for a full-day tutorial on media and press relations, presented by the ABA Journal, in conjunction with the ABA Center for Professional Development.

I still recall my old friend Dan Leary telling me about a conversation they were having in the Major Indoor Soccer League office back in 1986. I was the PR Director of the New York Express and Sports Illustrated had sent top reporter Franz Lidz to spend the week shadowing the team. He was writing an SI piece about the importance of the New York franchise to soccer in the United States. Leary told me that in the league office they were trying to guess how high in the story I would be quoted. The answer was paragraph two. I might have been 23 years old, but I knew how to get myself quoted and interviewed–on TV, in the New York Times, Washington Post, SI and major dailies throughout the country.

In my pro sports days, I was known as a go-to guy by the media–for quotes, for off the record stuff, for ideas to fill a column or a TV interview. If you were a journalist, you knew that I’d call you back fast, tell you something you did not already know, and provide a colorful quote (even if I was giving an evasive answer). When I needed a favor–put this in the paper, don’t put this in the paper, quote this guy, do a feature on this player–I was paid back for being a reliable source. Some of the stuff I pulled was pretty clever. But even today, I would not write about it or give specific examples–I’m not sure the statute of limitations has run on everything. And many of those conversations and interactions were certainly off the record. But I was not a lawyer yet, so the Rules of Professional Conduct did not apply.

Published on: December 23, 2013

LPT: ABA New Partner Conference Edition

by Micah Buchdahl

In advance of the fourth edition of the ABA’s New Partner Conference, Law Practice Today highlights the topic with an issue dedicated to the theme of new partners. With the New Year upon us, many new partners are taking their places at the management tables of law firms throughout the country. Yet many find themselves wondering what the new role brings with it. Many of the New Partner Conference speakers and planning board members have authored the articles that coincide with their respective program topics.

LPT issue editor and conference speaker Amy Drushal of Trenam Kemker in Tampa, Florida, authors Transitioning from Associate to Partner: What now? Yours truly, also a conference presenter, writes about the new partner’s role in marketing and business development. Kerri-Ann Bent and Vanessa Cotto write on the effects of mentoring on the duty to supervise.

Avvo honcho Mark Britton discusses the New Partner Cheese–taking lessons from “who moved my cheese” to the law firm board room. Justia’s Tim Stanley, with co-authors Ken Min Chan and David Kemp, writes about building great relationships online, focusing on LinkedIn, Facebook and Google+.

Published on: November 15, 2013

Bloomberg BNA: Some Procurement Practices Thriving Despite Sequestration, Budget Cuts

by Micah Buchdahl

Sequestration may be bad for the economy, but it has boosted some law firms’ federal procurement practices, attorneys and marketing professionals told Bloomberg BNA, in an article by reporter David Hansen, published on November 14, 2013.

Those interviewed in the article included McKenna Long & Aldridge LLP Partner Elizabeth Ferrell, Lateral Link Group LLC Principal Larry Latourette, Center for Responsive Politics (CRP) Personal Finances Researcher Dan Auble, CRP Research Director Sarah Bryner, George Washington University Law School Assistant Dean for Field Placement Jessica Tillipman, and yours truly.

The story touches on what sequestration has meant for law firms’ federal procurement practices, including the impact on those practice groups, their desperate need to recruit experienced government contract attorneys for both litigation and lobbying, the impact on lobbying efforts, and internships–namely unpaid law school interns to fill staffing needs.

Published on: November 1, 2013

Your ABA: 10 Tips for Approaching Lawyer Rankings and Ratings

by Micah Buchdahl

In the November 2013 issue of Your ABA, the monthly e-news for attorney members, they have effectively recapped my October CLE on lawyer rankings and ratings with an excellent top ten list of suggestions, based on speaker comments and the examples provided.

Nearly 5,000 ABA members tuned into the monthly ABA CLE Premier Speaker Series, which I led along with my esteemed colleagues–Florida Bar ethics counsel Elizabeth Tarbert and Best Lawyers co-founder and President Steve Naifeh. We were able to provide three very different perspectives of a powerful industry in the legal marketplace. Tarbert focused on bar compliance issues. Naifeh gave the perspective of the companies in this space. And I fell somewhere in the middle–since I provide guidance on ethics issues as an attorney and guidance on participation as a marketer.

The topic continues to spark controversy and interest in the profession–and will continue to do so as our business evolves. From the “original” Martindale AV to tier one in Chambers USA; top honors in the Best Lawyers/US News & World Reports law firm rankings to effective visibility on Avvo; working the popularity polls for your local-yokel “Top” Lawyer lists in your hometown to the truckload of lists, surveys and rankings from American Lawyer Media publications. There are thousands to choose from. Figuring out which matter is just the start of the process.

Published on: October 29, 2013

LP Magazine – Branding is the Heart of Your Marketing Message

by Micah Buchdahl

In the November/December 2013 issue of the ABA’s Law Practice magazine, my marketing column talks about a favorite topic of many law firms (sarcasm) – branding! My constant yipping, yapping and yammering at the conference room table to law firm partners about branding is often met by head nods, eye rolls and that innate sense they believe my briefcase contains a liter bottle of snake oil.

Truth be told, there is really no such thing as marketing without branding. Because what we are doing with all that time, money and energy is developing, enhancing, refreshing or creating a brand or brands. Together with determining market position and looking to increase market share, the brand truly is the heart of the marketing message. This article should provide attorneys with a quick primer on what goes into branding–and why you need to care about it. There is a reason corporations spend huge sums of money protecting their brand–because that is what the public is buying. And damage to a brand or a weak brand identity will eventually lead to your demise.

Many attorneys and some law firm marketers still seem to think that a brand is a logo–determining colors and what type of coffee mug to put it on. When was the last time your firm refreshed its brand? Or conducted a branding & positioning audit? If you don’t know the answer, it has been too long. You’ve likely added an office here, a new practice area there, an attorney or two along the way. All of those components can shift your focus. If this is a topic of interest, you can learn more about Brand Development & Strategy here.

Published on: September 27, 2013

ABA CLE Premier Speaker Series — Lawyer Rankings and Ratings: The Impact on Ethics and the Profession

by Micah Buchdahl

American Bar Association members receive free continuing legal education credits through the monthly CLE Premier Speaker Series. Sponsored by the ABA and the Center for Professional Development, thousands of attorneys participate in each month’s complimentary webinar program.

It is a tremendous honor to have my program, Lawyer Rankings and Ratings: The Impact on Ethics and the Profession, selected for inclusion, on Monday, October 21, 2013 from 1-2:30 pm Eastern Time. If you are an ABA member, be sure to take advantage of attending this timely and topical CLE.

There may not be a bigger “industry” in law firm marketing and business development circles than the continued growth and proliferation of rankings and ratings. The Rules of Professional Conduct and ethics opinions have tried in vain to develop workable ethics barriers and parameters, however, the impact on the profession is significant–from the time and money spent to the permissible uses for promotion. Learn about ratings and their methodologies, and the ethical considerations voiced by various state and national bar associations. From long-time services by Martindale, American Lawyer Media, Best Lawyers and Super Lawyers; to relative newcomers such as Chambers USA and Avvo; and the thousands of other companies that have recognized there is a lot of money to be made in the business of lawyer rankings. Are they helping buyers of legal services make more informed decisions or hindering the profession as a whole?

Published on: September 12, 2013

Fox Rothschild hopes I’m inscribed in the Book of Life for 5774

by Micah Buchdahl

Law firm clients know how much I love the annual holiday card agenda items each summer. You can’t hear the sarcasm in reading a blog post, but it is there. Topics of political correctness, hard copy versus electronic, mailing list and CRM issues equate to multiple meetings and numerous arguments. These conversations are debated and renewed each year. And the harsh reality is that those cards–delivered anywhere from mid-December to early January often get lost in the flood of well wishes we each send out and receive. To be frank, if you do or don’t send me one–I likely won’t recall it.

Of course, there are still cards that stand out from the crowd–for right and wrong reasons. I see some cards that I do feel are politically incorrect in the theme and message. Some firms have turned (successfully) to humor and use of e-cards–like Akin Gump and Manatt Phelps. I always receive an early Thanksgiving card from Bill Bowser and the employment law department at Young Conaway in Wilmington. It arrives before the others, thus stands out in the crowd. Infinite PR sends out a postcard with their holiday card allowing me to choose which charity they will make a donation to. That concept stands out as well. But it was a “first” for me that I enjoyed receiving via e-mail last week. While driving to Baltimore on Erev (the first night of) Rosh Hashana, I received an e-card from Fox Rothschild wishing me a happy (Jewish) New Year. I enjoyed the greeting and the thought, and was impressed by the uniqueness of a holiday e-card that was outside the scope of the winter holidays, Thanksgiving and what most people consider New Year’s (on January 1…5774, by the way, is the 2013 year on the Hebrew calendar). Differentiation and standing out…that is what it’s all about. L’shana tova right back at you.

Published on: August 26, 2013

WMT: Law Firms Join the Apps Craze

by Micah Buchdahl

If it appears this month’s Web Marketing Today article on law firm apps is courtesy of the Department of Redundancy Department, I apologize. In the time I was writing it, I was also interviewed on the subject by two law publication journalists reacting to what must have seemed like an onslaught on law firm press releases touting the latest & greatest app. But I certainly saved some of my tips and examples for the loyal WMT audience.

In Corporate Secretary magazine, Abigail Caplovitz Field writes on “Law firms offer mobile apps to attract new clients.” Her article revolves around two US Foreign Corrupt Practices Act (FCPA) apps developed by Latham & Watkins and O’Melveny & Myers. In developing apps, the type of law firm and the related content runs the gamut from global mega firms to mom & pop shops.

Almost every attorney involved in the development of an app at a law firm will (accurately) tell you that the expectation is not that it will generate new clients, but more likely offer a branding or awareness tool that (hopefully) will be seen as an added-value item by clients, colleagues and the media.

Published on: August 5, 2013

NY Says LinkedIn “Specialties” Verboten for Law Firms; Attorneys? Sometimes, but mostly NO.

by Micah Buchdahl

If you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.