Marketing Attorney Blog

Published on: May 1, 2013

May Day! New Advertising Rules in Florida Kick in Today

After more than five years of deliberation and challenges such as Harrell v. Florida Bar, the Supreme Court of Florida’s new advertising rules take effect today, May 1, 2013. While Florida remains a “sticky state” when it comes to advertising ethics rules, the state does a great job of providing guidance for compliance on the state bar website.

Among the interesting areas to note is the loosening of restrictions as it relates to television, print and billboards, while there are stricter standards for websites and online marketing. The growth of directories, referrals services, social media and use of video (often through online use) over the last few years necessitated a tweaking and revisiting of some ethical obligations.

Why do I care so much about Florida when it comes to examining the RPC and ethics opinions for lawyers in that state? First, many other states follow Florida’s lead, not only in regard to guidelines and rules, but in terms of compliance and proactive examination. Second, many of my large law firm clients (especially in the northeastern United States) have a Florida office location–meaning the rules significantly impact marketing efforts. Finally, many law firms find that retiring attorneys, retiring clients and matters (sometimes tied to retiring too) find their way south to the warmer weather–the impact of Florida is felt by many law firms, thus the need to comply and be aware of the issues is necessary.

Published on: April 29, 2013

Texting for Clients – Ohio rules in with a “yes, but…”

by Micah Buchdahl

Earlier this month, the Ohio Supreme Court’s ethics board ruled on the issue of lawyers soliciting clients by text message. Before you get all excited about sending out that next text to a prospective client, you’d better familiarize with the part of the opinion that mentions…so long as the advertising rules of the state are followed.

I’ve long discussed the ethics issues involved in a lawyer using text messaging as a communications tool with clients and prospective clients. There are plenty of lawyer ads and billboards that invite you to text. The area I had never put a lot of thought into was the proactive text–from the lawyer to the potential client offering up legal services. Even someone like me that is engaged in developing marketing strategies for law firms every day had not really embraced the initial touch of a text as a method of advertising communication.

Just as lawyers cull various public records to send direct mail to prospective clients–for criminal defense, tax issues, bankruptcy, personal injury–many are now taking a no-mail-barred approach and going right to the cellphone. It is quicker and cheaper, and likely as effective as the “cold call” letter. In many marketing efforts, we are quickly finding out that the mobile device is the most effective means of communication–through mobile sites, apps, tablets, etc. Why wait for snail mail when you can reach a person right now, wherever they may be? The cell phone is often available right on those accident reports and other potential sources of new business.

Published on: April 26, 2013

WMT: Today’s Best Law Firm Websites

by Micah Buchdahl

When creating the “Internet Marketing Attorney” moniker in 1997, I would scour the web for the most innovative law firm websites, eventually rating and ranking them in five categories–design, content, usability, interactivity and intangibles. If you were listed among the 250 largest U.S. law firms, you were then ranked accordingly. Many small and midsize firms from around the world submitted themselves for consideration as well, and while I did not review all of them, I also had the annual Nifty Fifty list of innovative legal website components. But times changed and just like technology, I had to adapt.

There were three key factors that led me to stop presenting the IMAs–as they are known throughout the legal industry. First, the large law firm sites become homogenized. There were so few substantive differences to the sites that it made finding those differentiators quite difficult. I would write the same notes and comments over and over again. Second, my “for-profit” business (HTMLawyers, my law marketing consultancy) did not provide enough free time to properly conduct these evaluations. Because I never solicited those law firms I reviewed, it was a great branding tool but not necessarily a revenue generator. My time was always “sold out”, but it was tough to equate new business with the time needed for the IMAs. Finally, any free time or “down time” is now owned by my children–who do not find law firm websites all that fascinating. Luckily, my monthly contributions to Web Marketing Today allow me to continually monitor and teach best practices for law firm internet marketing.

Which is a long-winded way of introducing this month’s WMT column, Law Firm Websites: A Developer’s Review, where in essence I turn the tables slightly by asking the web site developers to tell me what site they like best and why (obviously, their own handiwork). I invited some of the more prominent names in law firm website development to participate–just give me a site and what makes it special. The end result is a handy tutorial for any law firm looking to identify key components for their next website.

Published on: April 12, 2013

PBI Ethics Program – A Baker’s Dozen of Hot Topics in Law Marketing & Advertising Ethics

by Micah Buchdahl

For more than a decade, I’ve provided the Pennsylvania Bar Institute with an annual ethics program on a law marketing or advertising topic. Over the years I’ve focused on a different theme each year–starting with Internet marketing ethics in the late 90s to years where I’ve focused on Supreme Court cases, social media, rankings & ratings–whatever was new and “hot.” This year, I simply pick 13 current areas that have recently been addressed or still come into play.

This year’s program will likely change from the first presentation (April) to the second and third compliance period presentations in August and December. However, there are plenty areas of interest to go around. Included in this year’s program is discussion of trade names, websites, blogs, social media, Groupons, specialization, ratings & rankings, direct mail, mobile marketing, video and whatever new ethics opinion comes across my desk this week.

In April, I will present live for PBI in Pittsburgh on April 24 and home in Philadelphia on April 26. Check the PBI website for video replays and additional live dates later in the year.

Published on: March 19, 2013

WMT: LinkedIn for Attorneys

by Micah Buchdahl

For lawyers, there is so much more to LinkedIn than creating a profile, getting some connections and joining a few groups. The real value of participation is from the other products and services they offer. In this month’s Web Marketing Today column, I try to address some of the components that go “beyond the basics.”

Personally, I probably don’t use LinkedIn the same way as many other marketing professionals or attorneys. I find the tool extremely valuable–but more as a super-powered directory of contacts for lead generation, competitive intelligence and a better source of data about people and companies. I find it very useful when following up with someone, learning more about a business card picked up at a networking function or refining a list of prospective clients. Others, however, spend hours on end building a network and doing a slightly more sophisticated method of cold calling.

As noted in the column, there is no disputing the power of LinkedIn. It is the second search result when looking myself up on Google–behind only my own website. With 200 million-plus users, there is a pretty good chance that the professional I’m looking for is in the network. He or she may have a skeletal profile and three contacts–but they are there nonetheless.

Published on: March 16, 2013

Hunter v. Virginia State Bar: The Blog Debate Continues — Disclaimers are a must

by Micah Buchdahl

On February 28th, the Virginia Supreme Court held that a disclaimer was required under the state’s advertising rules when posting results on a website. This is the latest outcome in the seemingly never-ending battle between Horace Hunter and the Virginia State Bar. This has been a widely watched case among ethics attorneys like myself that follow the bouncing ball of state bar advertising restrictions and first amendment scholars looking at the “free speech” argument. Is the next stop the U.S. Supreme Court?

Last April (2012), I was part of an ABA CLE panel that discussed “Is Your Legal Blog Compliant? Ethical considerations in the wake of Hunter v. Virginia State Bar.” The panel included Mr. Hunter, myself, employment law blogger Molly DiBianca and noted Virginia ethics attorney Tom Spahn. We discussed and debated the many issues in the case. It is effectively a case of first impression in the law blogosphere. That was prior to the case heading up the ladder to the state supreme court. Read more about the program in Your ABA’s e-news–Blogs can be legal minefields.

Blogs have been around since the late 1990s, yet this cyberspace battle in Virginia is the first real challenge by a state bar to the often cloudy areas of interpretation. Is a blog advertising, marketing, editorial, personal, or business? Where does the First Amendment end and the Model Rules of Professional Conduct begin? Should a state bar look at a blog as marketing or something else?

Published on: March 15, 2013

LPT: Young Lawyers Survival Guide

by Micah Buchdahl

This month marks the first of our two annual “Young Lawyers Survival Guide” issues of Law Practice Today, developed in coordination with the ABA’s Young Lawyers Division. Thanks to issue editor Elizabeth Henslee for putting together an outstanding collection of articles designed with the young lawyer audience in mind–although almost all of the content is relevant to attorneys of all ages.

New to LPT this month are two rotating bimonthly features, including Professional Development (now rotating with Career Paths) and Diversity & Inclusion (rotating with Women Rainmakers). This month, Jennifer Bluestein writes about time management. Jen is the Director of Professional Development at Greenberg Traurig. She also serves as Chair of the Professional Development Consortium (PDC). LPT is working with the PDC to produce timely articles on PD. We also welcome a contribution from Aracely Munoz Petrich on watching the Supreme Court with apprehension. Aracely is the vice chair of the Diversity & Inclusion Committee of the ABA Law Practice Management Section. Professional development and diversity are becoming more and more significant in the day-to-day operations of a law firm. LPT’s editorial board recognizes that there is a demand and interest in more features relating to those important law practice management topics.

A renowned panel of experts from the academic world and law firm world participate in a roundtable discussion, moderated by Nicholas Gaffney of Infinite PR, on what law firms expect from new lawyers. Gaffney’s roundtable series appears a few times each year, and provides multiple perspectives on our monthly issue themes.

Published on: February 27, 2013

LP Magazine – Charitable Deductions, Marketing Opportunities

by Micah Buchdahl

My marketing column in the March/April issue of Law Practice focuses on the many ways that charitable involvement–be it time or money–can also pay significant dividends for a law firm’s marketing efforts. Too often it is not fully embraced (or simply ignored) as a tie-in to everything from image branding to professional development.

If you have a law firm marketer, is s/he aware of and involved in charitable contributions? Is this discussed by the marketing partner and marketing committee? There are so many ancillary benefits that come from “doing good” that unwittingly get overlooked. Is there an internal list that shows charitable involvement–financial contributions, pro bono, board appointments, events, relevancy to clients? “Giving back” is a hallmark of law firm involvement in a community. Being recognized for those efforts is far greater “branding” than a promotional advertisement or marketing campaign. Read the article to see if your law practice is making the most of your philanthropic endeavors.

Published on: February 22, 2013

WMT: Law Firms Embrace Video for Online Marketing

by Micah Buchdahl

In this month’s Web Marketing Today column, I discuss the uses and value of video as an Internet marketing tool for attorneys. Video provides both enhanced web content as well as improved search engine optimization results.

Among the things that have changed in video production over the last five years or so is the importance of making sure that the quality is there. Lawyers should not look like they are facetiming each other on an iPad. That is left for my kids harassing relatives with video chat. Getting seasoned professionals to produce, tape and edit is critical.

My column discusses the ABA Golden Gavel Video Awards, created by Infinite PR‘s Nicholas Gaffney. I also talk about web video marketing tools such as those developed by TheLaw.tv and an example of law firms moving often-stilted webinars to a polished video product. The use of video impacts every type of law practice. Brown Rudnick’s Charitable Foundation uses video to enhance the site for their Center for the Public Interest.

Published on: February 1, 2013

Drexel Law’s Improv Class Provides Unique Professional Development Training

by Micah Buchdahl

It is rare that I make a trip to Chicago or Toronto without spending an evening at Second City. There is nothing more entertaining (to me) than great improvisational comedy. Growing up, I was a Second City TV groupie of sorts, now possessing the entire DVD collection of SCTV. I love the creativity, thinking on your feet and ability to laugh at oneself (and others). So it was easy to talk about Drexel University Law School‘s “Improv for Lawyers” class in an article written this week by Associated Press reporter Kathy Matheson.

Matheson was writing about the uniqueness of such a law school elective, taught by actress/comedian Sharon Geller, who has also provided improv training as a CLE to lawyers in various settings. While this all coincidentally took place in my home base of Philadelphia, it was my role in the American Bar Association–as a past chair of the Law Practice Management Section and a current member of the ABA’s Standing Committee on CLE that led her to ask about my experience and views on the subject. I was asked about the uniqueness of the program and the value to a new or seasoned attorney.

In many law firm retreats where I’ve participated in some manner–either in organization, as a speaker, or in conjunction with a business development project–an improv session taught by one of many skilled troupes in the United States (including Second City traveling casts) is used to develop skills including team building, public speaking, “thinking on your feet” and training for improved client and prospective client interactions. Improv has also been used by a number of law firms I work with for associate and partner professional development training programs in-house. Whether or not they qualify as “substantive legal training” as a CLE is a state-by-state matter–but that is a subject for another post. Whether or not it is CLE accredited, the program provides a useful training ground that incorporates numerous elements of law practice.