Marketing Attorney Blog

Published on: January 17, 2013

Law360: “Offensive” Superstorm Sandy Ads by Jacoby & Meyers?

In today’s Law360, reporter Bibeka Shrestha writes on Insurance agents taking Jacoby & Meyers LLP to task over advertising relating to Hurricane Sandy. In her article, she interviews me about my take on the complaint filed with the state court disciplinary committee by the Professional Insurance Agents of New York.

The PIA’s complaint stems from an ad that says, “If your business lost business due to the storm your insurance policy should cover it. If it doesn’t, your agent made an error. We’ll work to correct it.” The complaint cites 7.1(a)(2) of the NY RPC…the all-purpose “false, deceptive or misleading”…in regard to the advertisement’s content and message.

While I’m far from an expert on insurance law, I have trouble believing that every policy covers business interruption. I can see where agents might take offense to the suggestion that they are at fault, acting improperly or erroneous in every instance where a claim for such coverage is denied. I suggest in the article that a slight tweak from “your agent made an error” to “your agent might have made an error” would likely rectify the situation and not dilute the ad’s impact. Of course, I’ve had my fair share of fights over the years with insurance agents over what is and is not covered in a policy–so I’m not going to be a staunch defender of the industry. I’m talking to you buddy–the guy that claimed I could continue to sleep on a mattress in which a squirrel died and decomposed. “You don’t need a new one. We can just get it steam cleaned.” Yes, I got a new mattress. And, yes, I utilized my law degree in doing so. I totally get retaining counsel if you feel provisions of a policy are not being carried out.

Published on: January 15, 2013

LPT: Collaboration

by Micah Buchdahl

Thank you to New York intellectual property attorney Richard Goldstein for serving as issue editor for this month’s Law Practice Today, focusing on collaboration. Rich has put together a great issue, with contributions from lawyers and non-lawyers providing perspectives on culture, partnerships and strategies to increase effective collaboration in the workplace. Ed Poll talks about work/life balance in the “management” feature. And Greg Fredette of Saturno Design pens the “marketing” feature on how to “go mobile,” with tips on capturing website traffic on the go. Dennis Kennedy takes it a step further with 13 mobile collaboration tips for 2013.

To read the January issue, click here.

Thanks,

Published on: January 14, 2013

Family Law and Divorce Attorneys Can Find the Digital Marketing Landscape Overwhelming

by Micah Buchdahl

The ABA Section of Family Law has dedicated its entire winter 2013 issue of the Family Advocate to the topic of marketing your practice in the digital age. The feature that the publication asked me to author, Finding the Magical Mix for Your Digital Marketing Plan, presents a wide range of options for the family law practitioner–including websites, blogs, use of video, search engine optimization, mobile sites, social media, directories and ratings. In other words, there are a lot of options and a lot to think about.

Among other features in the issue is an article on Common Ethical Pitfalls of Digital Marketing, authored by my ABA LPM colleagues Sharon Nelson and John Simek. While ethics rules should not discourage or hamper an attorney’s involvement on social media and lawyer referral websites, compliance is critical. As an ethics attorney myself, I’ve worked to get a few attorneys out of digital “jams”, not to mention implementing lots of preventive medicine.

Simply noting that the ABA Family Law Section has dedicated an entire one of its quarterly issues to this subject should be enough to wake up any family lawyer not paying attention to the World Wide Web. The bottom line is that like many consumer-oriented practices, competition is fierce and ever-increasing. Family law is such an interesting animal. Perhaps no other area of practice is likely to impinge on life more than divorce–if not directly on your household, indirectly through a relative or friend. In regard to advertising, you are often targeting a more sophisticated client base than might be the case for a plaintiffs’ practice. Visibility is a necessity. No other area of practice is represented more in many of the lifestyle and regionally-based print publications I peruse from the mailbox. The radio and billboards tout family law practices (not so much on television). Facebook is both a contributing cause and effect of many divorces–meaning that a target audience is right there for the taking. The use of mediation and forms of alternative dispute resolution bring in other competitive marketplace issues. A few years ago, I presented a marketing ethics CLE program at the ABA Annual Meeting for the ADR section, with many of the examples coming from issues relating to family law attorneys competing with huge, non-law firm divorce mediation services.

Published on: January 8, 2013

LP Magazine – Trade Show Marketing for Lawyers

by Micah Buchdahl

In this month’s Law Practice magazine, my colleague and alternating “marketing columnist” Greg Siskind provides an outstanding primer on the benefits and how-to of trade show marketing for the law firm. Greg’s immigration law practice, Siskind Susser, has successfully used trade show participation as a significant marketing tool for many years.

In the article, Greg discusses budgeting, show selection, booth planning, working the booth, follow-up and ethical issues. Depending on the practice and the personalities, I’ve been a fan of trade show participation for lawyers–when appropriate. The breakdown is often in the lack of strategic planning, the people sent, and the all-important follow through. When you start adding up everything up from the organization sponsorship, to the booth development or rental, travel & entertainment, promotional giveaways and proper follow through, it can be a big nut in a practice group’s marketing budget. However, if done right, and tracked properly, it can be a lucrative leader in generating new clients and matters. In most cases, attending a trade show is not a one-off event. It is usually the culmination of many other activities related to the specific trade, and often, a multi-year effort before a real payoff.

Many years ago, I authored a similar (but not as good) article on trade show marketing for lawyers. I discussed my own experiences and what I’d witnessed in visiting some law firm booths at a local Chamber of Commerce event. In reading Greg’s piece and rereading my own, I’m reminded that in the right situation, trade show participation continues to often be an underutilized or under strategized component of a law firm marketing plan. However, if the target market is on-point and there is proper access to the attendees, it provides an opportunity often lacking in this age of social media and virtual society–in-person, real time contact with decision makers and buyers of legal services. But make sure that participation in a trade show is well planned and thought out, or the results can be detrimental instead of positive.

Published on: December 28, 2012

Law Firm Surveys and Rankings Discussed, Debated at New York LFMP Program

by Micah Buchdahl

Last month, at the invitation of Joshua Peck and the Law Firm Media Professionals organization, I attended their monthly program in New York City, at the offices of Dechert. As always, the topic of “Surveys and Rankings” attracted significant interest (and conversation) from the many law firm communications and public relations people in Manhattan.

On the panel were Reena SenGupta, representing “FT Innovative Lawyers” for the Financial Times; Anne Szustek, Deputy Editor of the Benchmark Litigation survey, run by Euromoney; and Steven Naifeh, President of Best Lawyers, which also publish the US News & World Reports “Best Law Firm” rankings.

The audience questions (and skepticism) reminded me that nerves are still raw when seeing the friction that exists between these businesses and the law firm professionals that choose to participate in them (or not). Everyone continues to preach “separation of church and state” as it relates to the editorial evaluation versus the advertising opportunities that are offered. I made particular note of the Benchmark folks reminding everyone that they are journalists and researchers, not lawyers. That just makes me give second thought as to how good they can be in evaluating the leaders in litigation. I can’t say that either FT or Benchmark did anything to increase credibility, based on their presentations. If you buy in, you are probably still in. But if not, I doubt opinion shifted at all.

Published on: December 19, 2012

WMT: Law Firm Sites Move to Mobile

by Micah Buchdahl

In this month’s Web Marketing Today column, I address the importance of having a proper mobile marketing plan to accompany your law firm’s Internet marketing efforts. Regardless of a law firm’s audience, practice groups, size or location–“mobile” is a critical component.

Some law firms are still at stage one–trying to get some sort of compatibility for an iPhone or Android device. Others have moved well past that toward development of applications that serve purposes ranging from “marketing” to uses for partner retreats, recruiting and access to files and billing.

The strategies, however, do differ based on a law firms’ audience and clientele. As is the case with a typical website–what you develop for a Baker McKenzie is going to differ from what you develop for Sokolove Law. Although as of today, a quick look at both of those websites on my Droid were not online presences built for mobile. This column features firms that built a solid online mobile presence. It also addresses related issues tied to SEO and online advertising considerations as well.

Published on: December 17, 2012

LPT: In Memoriam – A Tribute to Gary Munneke

by Micah Buchdahl

The December issue of Law Practice Today begins with a tribute I authored to the memory of law professor and longtime ABA leader Gary Munneke. If you’ve been remotely involved in any aspect of law practice management over the last few decades, you know Gary. He was a pioneer in the field, a friend and mentor to thousands of lawyers, law students and anyone interested in the legal profession. If I’m talking to anyone in academia, in the New York or American Bar Associations, interested in alternative legal careers or any aspect of the business of law–I could always name-drop Gary, and get a welcoming smile and an anecdote of some sort. He passed away suddenly and unexpectedly on Thanksgiving morning. He will be missed–personally and professionally–by many. My deepest condolences go out to his wife Sharon, his children and grandchildren.

Many thanks to issue editor Allison Shields of Legal Ease Consulting, for putting together “A New Year’s Resolution: Time Management Tips,” including many great features on technology, marketing and finance.

To read the December issue, click here.

Published on: December 13, 2012

Professional Development Training for Lawyers is Suddenly All the Rage

by Micah Buchdahl

Someone woke up yesterday and thought it might be a good idea to provide better professional development training for attorneys. Go figure.

Last week, I had the privilege of spending some time with the leadership of the Professional Development Consortium (PDC) at their annual meeting in Washington, DC. For the record, this organization has been looking to organize and improve PD in (mostly large) law firms since 1990. While the group is growing rapidly, the reality is that for a long time it has been a relatively small gathering of people dedicated to delivering PD for larger law firms. However, the idea that the need for stronger and better investments in PD for partners (and in some firms, gasp, associates too), is not new or news.

With the ABA, I have had the opportunity to further professional development initiatives on multiple fronts. First, as a speaker and planning board member for the first two ABA New Partner Conferences, designed to provide a wide range of training–from business development and ethics to issues of diversity, electronic discovery, and managing legal relationships. Secondly, as the creator and chair of the ABA Law Firm Marketing Strategies Conference, founded in 2007, focusing on BD, marketing and overall rainmaking skill sets. Third, as a current ABA presidential appointee to the ABA Standing Committee on CLE–now entitled the ABA Center for Professional Development (go figure). Finally, as Editor in Chief of the ABA’s Law Practice Today monthly webzine, we have joined forces with the PDC to provide a bi-monthly column (beginning in March 2013) from some of the country’s leading PD professionals from the largest law firms, along with an entire themed issue dedicated to PD in May 2013. Thanks to PDC leadership, including Jennifer Bluestein of Greenberg Traurig and Jeanne Picht of Stites & Harbison, for helping to further develop this relationship. In addition, ABA LPM’s sister publication, Law Practice, has an issue devoted to the topic as well in the coming months. In other words, the American Bar Association has long recognized the importance of PD and continues to provide numerous resources to lawyers and law firms interested in better training.

Published on: December 4, 2012

WSJ — No-Frill Legal Services Grow; LegalZoom versus Rocket Lawyer lawsuit requires retaining actual lawyers–forms won’t cut it

by Micah Buchdahl

In August, I wrote about the Consumer Reports evaluation of online do-it-yourself legal sites (Legal DIY sites no match for a pro). This week, Wall Street Journal reporter Jennifer Smith writes on “No-Frill Legal Services Grow,” addressing many of the same DIY websites.

The impetus for the article is the lawsuit filed last month by LegalZoom.com against up-and-coming rival Rocket Lawyer. It is ironic that these entities are now fighting over what is and is not “free” in terms of form filing and other stuff where you apparently either don’t need a lawyer, or perhaps just need one that works for them at really cheap rates. Interesting side note: Both LegalZoom and Rocket Lawyer have real lawyers doing the fighting–I don’t think they are using their own self service offerings.

The debate often revolves around the potential “unauthorized practice of law.” Regardless of the semantics involved, the consumer is thinking this is a cost-effective way to resolve a legal issue. It is not like this business is new. Strip malls stores (Divorce! Bankruptcy! Wills!) have provided similar services for decades. Storefronts such as “We the People” have largely evaporated (thanks in part to the Internet and in part to State Bar issues with unauthorized practice). In recent years, the online offerings have changed the language in describing offerings to something akin to providing documents and/or providing a lawyer somewhere that can answer questions.

Published on: December 1, 2012

Of Cravath, Dewey…and the risks of playing “Follow the Leader”

by Micah Buchdahl

What is it our parents always told us? If your friend jumped off a bridge, does that mean you should do the same? In this case, it is more like “Match Game 2012” than it is about “follow the leader.” So the question becomes, how necessary is it for a law firm to match another’s year-end bonus? And in my business, what are the marketing implications for a law firm that does or does not choose to follow suit?

As reported by Peter Lattman in The New York Times this week, “Cravath sets the tone for law firm bonuses.” Law firms don’t have NFL salary caps or MLB luxury taxes to help keep things competitive. In many ways, Cravath is like the New York Yankees of law firms–old, venerable and wealthy. They generate a lot of revenue that others can’t, and can spend accordingly. But most other teams simply don’t generate the same revenue and can’t pay out the same amounts. Spending more does not mean you always win, but you are usually in the game.

If the process holds true that Cravath sets the scale, then you could argue they could do it to squeeze others as much as it might be to reward the associates that spend the year billing the night away. If you think about it, if they force less profitable firms to profit less, are they not creating an even stronger market advantage for themselves?