Law firm management experts and industry watchers have spilled a lot of ink in the past decade about how millennial lawyers are different from the generations of lawyers who came before. The millennial perspective has shone a light on aspects of the job that older lawyers assumed could never change — the inflexible schedule, the grueling and lonely path to advancement, the lack of diversity that seemed baked in to the law firm model — and the industry has begun to change.
And while nurturing strong client relationships and providing excellent service used to be the only marketing plan a law firm needed, the values — like equity, transparency and authenticity — of millennial lawyers are one of the major pressures now forcing firms to rethink the role of PR and messaging.
Forward-thinking firms are responding to this call for change by tacking some big questions:
What’s our firm’s story?
Prospective clients and recruits respond to a compelling narrative that communicates your firm’s identity to the market. And that story must be built on the needs of the client rather than the needs of the firm, as the typical firm’s story was (even if by default) in decades past.
Crafting that story requires developing a deep understanding of what clients care about. What keeps them up at night? What challenges will they be facing a year from now that haven’t yet occurred to them? How can the particular skills and expertise of your attorneys serve these needs? And, most importantly, how can you make that case to the client? Armed with this deep knowledge of what their clients want and need, firm leaders can then harness the power of all available channels of communication to tell the story of what makes them different, and spotlight what they have to offer.
Who is our website for?
The role of websites has changed. A decade or two ago, many established firms embraced the need to simply have a website, assigned the work of maintaining it to the marketing and IT departments, and continue to spend a fortune keeping it up to date. Unfortunately, too many firms operate on automatic pilot when it comes to thinking about who visits their website and how they use it.
Modern law firm websites are not really marketing tools. They don’t “sell” the firm because the chance that the website is the primary entry point for a new client is pretty low. Instead, firm websites are communication tools, and the audience is not clients but potential recruits and laterals, opposing counsel or co-counsel, and judges and clerks. Understanding that a website is not a selling tool but a way to share information about your firm should shift your approach to the content. Your website should showcase key aspects of your firm. In addition to well-written biographies of your attorneys that feature their backgrounds and areas of expertise, the website is also the place to highlight important aspects of your firm’s culture and focus on team members of diverse backgrounds.
Who should speak for our firm?
You think strategically about the partners best positioned to respond to client proposals, and you should give the same consideration to whose names you’d like to see in the legal media representing your firm. Good PR should raise the profile of particular lawyers for strategic reasons and leave nothing to chance. When a reporter calls to ask about your new parental leave program, who should answer those questions, and why? Who could credibly write a thought leadership piece on the importance of sponsorship and mentoring? What about a column on a new tax incentive clients should consider taking advantage of?
The story of your firm — your culture and who you aspire to be — is shaped by which attorneys are telling it. Your top billers and client wranglers are not necessarily the same folks who should be the voice of your firm in communications. Firms must define and assign these important roles.
Is our messaging consistent?
You worked hard to develop an outward-facing message that would attract and recruit new attorneys and lateral hires. But now that they’ve joined your firm, does your internal messaging match what they saw when they were on the job market? In many firms, human resources handles internal communications. While this department may be doing a fine job distributing important information to your employees, retention and integration of millennial lawyers depends on continuing to communicate your firm’s values and goals in authentic ways. Employee communication should reflect the strategic vision of the firm’s top leadership.
An internal newsletter, for example, should be about much more than just upcoming office events and changes to your benefit plans. It should celebrate staff promotions (linking the work employees do to the greater firm mission), positive results for clients and recent business development wins. It’s also the place to feature diverse members of the firm, promote mental health initiatives, showcase a male partner taking parental leave, link to professional development and nontraditional networking opportunities inside and outside the firm, and more.
Attracting and retaining millennial recruits, and understanding how to serve millennial clients, are two of the biggest challenges today’s law firms face. But this is also an exciting opportunity. When you understand what this cohort values and communicate those values via the same kind of high-production, well-packaged content that millennials expect in all areas of their media-rich lives, your firm will be well positioned to meet the challenges of this current moment.
The new year is here, and if you’re like most solo or small law firm owners, you have big goals for this coming year. As the field of law becomes increasingly competitive, it becomes more and more important to have a crystal-clear digital marketing plan that helps you reach new leads, reconnect with potential clients, and solidify your brand.
1. Develop Your Content Marketing Strategy
The phrase “content is king” is often heard in marketing circles, and the legal industry is proof that this adage is still true. Regularly producing high-quality content helps your brand grow in multiple ways. First, you can target keywords that potential clients are searching for when looking for a lawyer. Second, your trustworthy content helps you strengthen your brand and your reputation. Finally, shareable content can also play a big role in your social media marketing plans. Focus on topics that are interesting to laypeople and use conversational language in lieu of legal jargon.
2. Expand Your Social Media Presence
Regardless of the age, gender, and socioeconomic status of your target market, it’s highly likely that they’re active on multiple social media platforms. Use your time wisely by researching the platforms your audience is using and focusing your efforts, rather than trying to be active on as many platforms as possible.
3. Make Sure You’re Considering Your Mobile Users
Per CNBC, nearly three-quarters of Internet users are expected to access the Internet solely via smartphone by 2025. Law firms with outdated websites that are not optimized for mobile devices are at risk of losing potential clients to firms with fast-loading, mobile-friendly websites. Your website should make it easy for clients to find the information they’re searching for, learn more about your firm, and contact you directly.
4. Bring in Gated Content
Gated content, also known as “freemium” content, is provided free to your visitors—in exchange for signing up to your e-mail list. This is an extremely effective technique for law firms in various specialties, so if you’re not using it already, make it a priority in 2020. Many law firms offer access to a free guide in exchange for a visitor’s email address. For example, a family law attorney might write a short guide on “7 Steps to Divorcing an Adversarial Spouse” or a bankruptcy lawyer might write “5 Ways to Repair Your Credit After Bankruptcy.” This ties directly into the fifth tip on this list.
5. Tap Into E-Mail Leads
An e-mail list is still one of the most valuable things you can have as a solo attorney or small law firm. It helps you stay in touch with potential clients who may not be ready to take the plunge when they first come across your website. By building a relationship with your e-mail list through regular updates and valuable information, you can be at the forefront of their thoughts when they are ready to take that leap.
Digital marketing is key to the growth of your law firm. A solid plan for 2020 can get you on the right track.
Lawyers aren’t necessarily thought of as those who practice in a “creative” profession. At least not in the same way that artists, writers, musicians or marketing professionals are deemed “creatives.” However, lawyers and those who support them know that nothing could be further from the truth. In fact, the practice of law demands creativity in virtually all aspects – creating ingenious defense strategies, crafting brilliant opening statements, structuring unique partnerships or mergers or acquisitions, etc. Law firms also routinely launch creative marketing campaigns or inventive business development strategies. Plenty of law firms even get creative in terms of alternative billing structures. Indeed, the practice of law and the business of running a law firm require virtually nonstop creative thinking and strategy.
However, as most attorneys and firms know, generating creative inspiration can prove challenging. After all, some of the best ideas seem to materialize out of thin air, with an out-of-the-box design for working up a case coming to light during the course of other work. Since trial-winning ideas or successful marketing strategies that generate a particularly impressive ROI often seem to come to life out of the blue, it’s worth asking the question: Is there a way to generate creativity on demand? The short answer is: yes.
Drew McLellan of Agency Management Institute addressed the notion of sparking creativity on demand in a recent article, which we’ve expanded on below, including one of our own strategies. Here are five suggestions for drawing out creative ideas at your law firm when you need them.
Ban the Notion of Bad Ideas & Champion Creative Chaos
Obviously, not every idea is going to prove to be a winning strategy for your firm or your client, but by making it clear that all ideas are worth exploring, you may lay a foundation for creative chaos. Sometimes the worst ideas serve as the catalyst to make your team members think, which then spawns a great idea that otherwise wouldn’t have emerged. Too, if you set a culture where people can’t speak up, or their ideas are snuffed out, you may be silencing that one person who will come up with the dead-on idea for the brainstorming session.
Allot Time for Creative Idea Sharing at Meetings
During regular meetings, be sure to include time for idea sharing before heading back to your respective offices. Often, due to time constraints, meetings are held to strict time limits. Unfortunately, because of the volume of information shared during a meeting, there may not be time for an associate or team member to share an idea they have, which likely took shape during the meeting. By scheduling an extra 15 minutes at the end of regular meetings, you may just generate some of your best ideas yet.
If this isn’t possible, try scheduling an agenda-less meeting once a week, just to pick the brains of your colleagues. Simply open up the meeting by asking something like: “Are there any ideas that you have that would make this firm run smoother or would make this case progress?” Then, open the floor up to input from your attorneys and team.
Champion Your Team’s Growth
Supporting the individual passions of your attorneys and staff is another great way to generate creativity. If you have an attorney who is an avid rock-climber, for example, encourage them to keep it up, and share their experiences about it. Likewise, if you have team members who are curious about pursuing a particular hobby, ask for updates on their progress and learn more about what they find fulfilling about it. The more you get to know your colleagues and who they are outside of the office, the greater the likelihood they may share ideas that come to them during off-hours.
Suggest Both Reasonable and Risky Solutions to Challenges
Creativity often emerges while pursuing solutions. When you’re brainstorming a solution to a problem, try to come up with one solution that is safe and practical, but also one that is risky, or otherwise unusual. By offering these ideas up to your peers, you’re likely to spark creative thinking on their part as well.
Embrace Creative Activity Team Building
Much like supporting the individual growth of attorneys and staff, it’s valuable to invest in team building. Consider a creative endeavor for your next team building exercise, such as a group night out at an art museum. Any activity wherein the focus isn’t just on chatting—such as attending a sports game or a happy hour— may just help to solidify friendships amongst firm members, who are then more open to idea sharing with the group.
Generating on-demand creativity in and of itself requires a bit of creativity. Consider these five suggestions or other ideas that these spark, in order to keep your firm investing in ingenuity.
John McDougall discussed creating Deep Content, LSI (Latent Semantic Indexing) and topic clusters with us yesterday, detailing how these SEO concepts present great opportunities for law firms who are looking to position their attorneys as subject matter experts. John explained how Google’s recent algorithm changes such as BERT, which is designed to help users find true topic experts, provide a bounty of opportunities for legal marketers who properly position their lawyers’ expertise to achieve top search results. Today John is going into more detail on the concepts of webpage dwell time, expertise, authority and trustworthiness (EAT), and law firm branding.
NLR: In your book, you talk about the intersection of “dwell time” and the idea of the “long click” as ways Google is using AI (Artificial Intelligence) to try to figure out the relationship between the search term and the webpage that term led the user to. Do you see any other areas AI will impact SEO on the horizon?
JM: Google has been modifying its search engine, to improve its ability to understand complex queries for some time.
Hummingbird in 2013 was a rebuild of their main “engine” partially in response to there being more searches via voice.
RankBrain in 2015 added more machine learning to improve Hummingbird even further (for searches they had never seen before and complex long-tail queries). They said it was the 3rd most important factor with content and links.
Now with BERT in 2019/2020, they can already understand the intent of a search much better.
Considering they keep increasing the ability to provide relevant results that match the searcher’s intent, I would assume it will change SEO, yet again…
I would expect writing tools to get much more robust. This might be based on “big data” from social profiles, and through analyzing massive volumes of the world’s information written by experts that can be given to a writer/attorney on a silver platter. That might help in one part of SEO.
It is exciting to watch as long as you can stay nimble, follow the “algorithm weather channel” and adjust quickly when new updates are released.
NLR: Another core theme of your book is the role of brands, and the idea of EAT, or expertise, authority, and trustworthiness. How do these ideas enter into a keyword strategy for law firms?
JM: As an expert in a particular field of law, you should be associated with certain keywords which show you are a thought leader in that topical area. With SEO being MUCH more competitive and complex than ever, you may need to be more realistic and pick keywords that better match what you can write about comprehensively.
This can also affect the design of law firm websites and brand positioning. If you have fifty practice areas on your home page, you might consider featuring ones where you will be doing extensive writing and SEO work.
NLR: Can you explain the idea behind the Eric Schmidt quote: “Brands are how you sort out the cesspool,” which you discuss in your book?
JM: There are “black hat” SEO people that are the cesspool. They do sketchy things to try and trick Google into “liking” websites. Those tactics used to work on small law firm’s websites that did not deserve rankings. Thankfully, using brand signals like how many times people search for your brand and mention/link to your brand, Google is better able to rank sites that have a real-world value beyond SEO tactics. The book, Content Marketing and SEO for Law Firms, offers several examples of brand signals and how they apply in a law firm context.
NLR: What audience did you write your book for and who do you think will be the best audience for your January 15th webinar?
JM: Anyone trying to improve their law firm website and marketing will benefit greatly from Content Marketing and SEO for Law Firms, but firms that take action on it will get the most out of it. These content and SEO actions can be small to start but the key is to be consistent.
The content marketing and SEO guide is primarily written for law firm marketers, but it’s also for attorneys because they need to have an idea of how marketing strategy can directly affect the growth of their firm. The sections the attorneys should consider as “must-reads” are marked with a gavel icon.
This webinar will have enough insight on strategy that both law firm marketers and attorneys/department heads should attend.
Thanks, John for your time and insight. For those who haven’t had the opportunity to hear John speak at various legal marketing events or read his previous publications to gain insight from his 20+ years of experience, the following webinar and his new book are great opportunities to get actionable advice on how to build an SEO roadmap for legal marketers in 2020:
The following is the first installment of a two-part series on law firm SEO trends and best practices for 2020:
NLR:What SEO changes do you think provide the most opportunities for savvy legal marketers?
JM: Google is looking for experts and experts naturally use language that Google’s latest algorithms can pick up on. With the recent BERT update, Google improved its understanding of natural language, and they describe BERT as their “biggest leap forward in the past five years.”
NLR:Yes, and law firms are always trying to position their attorneys as experts, as the go-to leaders and experts in their particular area of legal expertise. Can you discuss some strategies for legal marketing professionals who work with attorneys, and how they can help attorneys write with SEO in mind, or translate their content so it is more SEO friendly?
JM: It helps if attorneys and ghostwriters who write for law firms use keyword tools like Ubersuggest and SEMrush, but they are just a starting point. They also need to write conversationally and with the user in mind, rather than overly fixating on the search engines.
Writing longer in-depth content that is not too stiff and has been corrected for grammar and spelling issues will outrank a very long page that has been robotically stuffed with keywords. Using a tool like Grammarly can help with the basics.
NLR:In your book, you discuss the need to add related keywords, or LSI and topic clusters. Can you explain and provide examples of how related keywords, topical clusters or LSI apply to legal marketing?
JM: LSI (Latent Semantic Indexing) Keywords are conceptually related terms that search engines use to deeply understand the content on a webpage.
Example: If you want to rank for “how to file a trademark”, you can use Google auto suggest to find related terms. As you type into your browser bar, you see something like this:
Google and other search engines used to figure out a page’s topic based 100% on the keywords they found on the page. In 2020, Google is more focused on figuring out a page’s overall topic. SEMrush has a great tool (see below) that builds a mind map when you give it what topic you want to write about.
NLR:You highlighted bounce rate as a critical metric; however, how do law firm websites balance design and lowering the bounce rate while simultaneously providing readers with the specific information they’re looking for (like a change in the minimum wage rate or a relatively straightforward answer to a legal question, like when a law goes into effect, etc.) How do you make law firm website pages stickier?
JM: It is ok if some pages, like a minimum wage rate change page, have a high bounce rate. Google is smart enough to know the goal of the page. With that said, law firm marketers would be wise to monitor the bounce rate of at least their most visited pages.
Using related keywords and related sub topics is essential for covering a topic deeply. Image from the SEMRush mindmap tool.
Any webpage can be improved by making it load faster, have a clearer value proposition, a better headline, better writing in general, higher quality images and links to other related pages. Usersthink.com,Usertesting.com, and Hotjar.com are a few of the tools I will discuss on the webinar for increasing stickiness and conversions.
NLR: You discuss creating deep content—what does that mean? How long should an article or blog post be – should pages be 500 words, for example?
JM: If you search for how to file a trademark, many of the top ten results are well over 1,000 words. Gerben Law has a nice page on trademarks that is about 1,500 words. Not all your content has to be that long but if the top 5 results for your topic are 1,000 plus words, you may need to test increasing your webpages’ depth.
NLR:Many lawyers view law firm websites as a sales tool, but you discuss how to “use the opportunity to focus on your user’s needs, as opposed to your own sales pitch.” What does that look like in execution? Can you give us an example? Aren’t all effective webpages supposed to have some sort of ‘call to action’?
JM: The Gerben trademark page gives information away fairly freely and deeply (using related keywords and subtopics) but it also has a subtle call to action at the end: If you are unsure about how to file a trademark, our trademark attorneys are happy to talk with you about the services we offer.
Create marketing that people will love and engage with and you are on the right track.
Thanks, John and we look forward to part two of the series on law firm SEO trends and best practices for 2020 tomorrow: Legal Marketing and SEO Trends for 2020 Part 2: Dwell Time, EAT and Law Firm Branding. Additionally, how law firm branding plays a key role in connecting Google’s algorithm changes with an effective strategy of positioning a law firm’s attorneys as the go-to experts in their field.
Reflections from the past and top tips for the future
The close of each year naturally encourages reflection, evaluation and fresh perspective. As 2019 draws to an end, it’s enlightening to look back on developments and innovation in legal marketing from not only the past year, but also over the past several decades.
After the 1977 decision in Bates v. State Bar of Arizona, in which the Supreme Court held that attorney advertising was a form of commercial speech protected by the First Amendment, restrictions on lawyer marketing diminished significantly. Today, according to the Legal Marketing Association (LMA) – Bloomberg Law Joint Survey Report, 62% of law firm respondents said their firms were increasing emphasis on business development and marketing initiatives. Further, 41% of attorneys reported hiring or increasing marketing staff as one of the top new investments over the past two years, and 63% said the continued investment showed not just in headcount but also in budgets that are projected to increase in the coming years.
I recently had the pleasure of hearing Sally J. Schmidt, an esteemed founder and first president of what is now the LMA (National Association of Law Firm Marketing Administrators, or NALFMA, at the time), speak about her legal marketing journey and about the organization’s very first meeting in 1985. The event drew 15 marketing directors from across the country. Schmidt’s audience laughed as she recalled that several of the early members were not permitted to disclose the firms they represented because, at the time, law firm partners felt legal marketing carried a stigma and was somehow frowned upon. Some were worried that firm secrets would be shared and others thought that a firm conducting proactive marketing might earn a scarlet badge of shame in the industry.
My, how times have changed! Today, the LMA has more than 4,000 members in 33 countries, and unites industry specialists from firms of every size. The community of consultants, vendors, lawyers, marketers from other professions and students encourages camaraderie, connectivity, support and sharing of knowledge.
Schmidt, who has published numerous books about legal business development and client relations, proceeded to guide her captivated audience through a variety of prompts that encouraged candid and even therapeutic dialogue about challenges, successes and epiphanies of individual legal marketers from their own professional journeys.
If you mention the word “marketing” to attorneys, it conjures up a wide and disparate range of reactions. Marketing is related to such positive aspects of the practice as client satisfaction, client retention and lawyer training. At the same time, it is associated with activities considered distasteful by many attorneys, such as selling, television advertising or direct mail … One of the great myths in the legal industry is that marketing is a new phenomenon. In its emerging formal and institutional state, perhaps so, but marketing activities have been performed in every successful law firm throughout the ages. Only the techniques and level of sophistication have changed. A close look reveals that the traditional marketing activities of corporate America are being performed in the law firm setting.
As the legal industry continues to evolve, so too must those who support the success of each law firm, both big and small. Here are some top tips that will ensure success and continued progress as you and your colleagues enter the new year.
Listen and learn — Take the time to listen attentively and glean insights from those around you. Listen to your colleagues, to your attorney clients and to their clients. Many of the smartest minds work in the legal industry, and a fresh perspective is invaluable. No matter how many years of experience your résumé boasts, seeking the input and opinion of respected colleagues and acquaintances is always worthwhile. Accept feedback with an open mind and make an effort to get to know, and genuinely connect with, those around you. Even individuals who don’t work in your department will have something meaningful to share.
Unlock your “Yes, and” — Second City Works, the professional services arm of the world-famous comedy theater and improvisation school Second City, teaches the practice of “Yes, And.” They challenge professionals to designate time specifically for exchanging ideas and brainstorming freely, without judgment and without rejection. This practice can lead to great discoveries and a whole new mindset when it comes to tackling workplace challenges and driving innovation — in legal marketing, in client service and in life.
Set goals — Goals are truly the roadmap of your career. Getting lost is unavoidable if you don’t take the time to identify and chart short- and long-term goals for yourself, your team, your practice and your firm. Further, it’s affirming to look back and celebrate goals that you achieved and to renew or adjust goals that are still in progress.
Ask “why?” — All too often, we do what we do because it’s what we’ve always been doing. The best legal professionals have the wherewithal to ask “why?” It’s helpful to question your own habits and your routine. Why are you doing what you’re doing? Where can you make changes that would be beneficial?
Be positive — Every occupation has highs and lows, as well as pros and cons, but those who maintain an unwavering positive outlook prove to be resilient, successful and immune to burnout. Embrace challenges and growing pains, and reframe anything negative as positive every chance you get.
Keep the big picture in mind — Sometimes we can get so bogged down in our day-to-day routines that it’s hard to step back for an accurate perspective. Today’s greatest legal visionaries strike a balance between the macro and micro components of this field. Preserve a big-picture outlook by using all resources available, delegating well and remaining abreast of trends.
The legal world is fast-paced, fascinating and ever-changing, and the story of legal marketing is sure to continue with twists, turns, innovations and new heights. Whether you’re a legal marketing veteran of 30 years or just stepping into your first legal marketing role, you are on a professional journey that’s entirely unique to you. Whatever your piece in the legal puzzle, now is the opportune time to plot your own strategy for blazing a trail in the legal marketing evolution.
The competitive landscape for plaintiff lawyers is perhaps more challenging than any other area of law. The market seems to get more crowded every day, and the fight for clients is fierce. Moreover, plaintiff lawyers often have to overcome the unsavory, ambulance-chasing reputation inaccurately associated with this practice. With all of these obstacles, establishing your marketing strategy can seem like an uphill battle.
Yet, even in this difficult atmosphere, it’s possible for plaintiff firms to stand out from the rest. This was the topic of “David vs. Goliath: The Competitive World of Plaintiff Firm Marketing,” a session at this year’s Legal Marketing Association Annual Conference. Speakers Pamela Foster, Director of Marketing and Business Development at Howie Sacks & Henry LLP; Danelsy Medrano, Marketing Manager at Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP; Adrian Dayton, Founder of ClearView Social Inc.; and Erin Watson, Director of Communications and Marketing at Motley Rice LLC discussed best practices and lessons learned from their years as legal marketers for plaintiff firms. We recapped the session on our LMA Conference webinar and broke down their strategies into three areas:
Use Marketing 101: Differentiation
There are lots of firms that do plaintiff work, from auto accidents to slip and falls to medical malpractice. A quick Google search can tell you as much. So, when compared to all the other firms out there, what makes you different? It could be that you’ve been doing it the longest, that you’re more hands-on than anyone else or that your firm is all women. It doesn’t matter what makes you different; it only matters that you know what that differentiation is and then market it.
This is marketing 101, because you can’t communicate a message without understanding exactly what you bring to the table. Being clear and focused in your message not only resonates better with prospective clients, but it also makes your marketing budget go further, too. Truly understanding what makes you unique will make the rest of your marketing strategy fall into place and differentiate you in the minds of prospects.
Go Beyond SEO
A decade ago, it was possible to write a few blog posts with keywords and do reasonably well in search rankings. That’s no longer the case. Online marketing has gotten more complex and detailed, and it takes expertise to do it well. Today’s legal marketers need to understand much more than SEO; they also need to understand syndication, what kind of content ranks high and which algorithm changes can upend their approach.
Especially in plaintiff law, where the landscape is crowded and firms need to rank high to survive, DIY search marketing doesn’t cut it. Whether you have an in-house marketing team or hire an outside agency to help, you need to be sure that the person in charge of your search strategy is a true expert.
It’s true that investing in good marketers and digital strategy can be costly, but the return on investment is just too good to pass up. Digital marketing offers so much insight and opportunity for measurement. Where are your clients coming from? What search terms are they using to find you? Once clients do find you, where are they losing interest—or where are they making contact? Digital tools can help you find the answers to these questions and track clients at every stage of the decision-making process.
Be Proactive, Not Reactive
Plaintiff lawyers know better than anyone that the best time to seize an opportunity is before anyone else does. The same goes for your marketing. Rather than waiting for things to come down the pipeline, anticipate and identify where they’re coming from before your competitors do. It’s all about being proactive rather than reactive. When you’re ahead of the curve you’re at an advantage, at least for a little while—and that time can make all the difference.
Advertising and marketing have always played an important role in increasing a company’s brand awareness and in helping them acquire new customers to reach their corporate financial goals. Law firms are no exception. With the increasing competitiveness among law firms, it is extremely important that they understand the fundamentals of marketing in a competitive marketplace.
As early as the 1970s, most states didn’t allow lawyers to engage in any type of marketing efforts. In 1977, the US Supreme Court case of Bates v. Arizona, 433 US 350, changed all this and held that advertising regarding attorneys’ services was “commercially protected speech,” according to the First Amendment, and that truthful advertising should be allowed as a matter of public policy. The court held that lawyers serve society and that allowing them to advertise their services would provide consumers with valuable information about available legal assistance.
After this landmark case, attorneys could advertise to obtain clients. They relied on traditional marketing methods, like display ads, brochures, business cards, and word-of-mouth advertising. Although these marketing strategies are still effective in 2019 and beyond, lawyers must also combine them with other creative marketing strategies—including, but not limited to, pay-per-click; search engine optimization; email, article, video, and digital marketing; and social media marketing.
Additionally, attorneys who want to stay ahead of the marketing game must have stellar and properly optimized web content, engaging social media and blog posts, informative guest articles, engaging display ads, and more. However, unlike regular corporations, law firms are held to a higher standard of responsibility, in terms of marketing, than their corporate counterparts.
Law firms have to remain in compliance with rules and regulations concerning ethics and professional responsibilities, especially in advertising. This means that attorneys and their law firms have to be careful when treading the path of marketing their legal services. They have to engage in ethical and truthful marketing practices and have to steer clear of false or misleading marketing strategies.
That said, what are the ethics of marketing legal services? What should attorneys avoid to ensure that they don’t engage in any professional responsibility violations? Well, let’s have a look at the dos and don’ts of legal marketing.
Abide by Prospective Clients’ and Existing Clients’ Wishes
As an attorney, you have to be mindful when engaging in electronic marketing strategies. In my home state of Illinois, attorneys can’t continue to contact prospective and/or existing clients if they tell that attorney to not contact them. See Rule 7.3(b) of the Illinois Rules of Professional Conduct for details.
Basically, this regulation stipulates that you should never spam someone’s email or regular mail, even if they initially agreed to give you their email or physical mailing address in exchange for a free report or other offering. Therefore, if the individual asks you to “Take me off your list,” you must do so immediately. If you don’t, you will be in violation of Rule 7.3(b) or another professional conduct rule in your state.
Also note that certain state professional conduct rules, like Rule 7.3(c) in Illinois, require the words, “Advertising Material,” on the outside of every physical envelope mailed to everyone, as well as at the beginning and the end of every recorded or electronic solicitation—unless said contact person is exempt from this rule.
Avoid Making Misleading or False Claims
An important ethical element of legal marketing is that you practice honesty and refrain from making unsubstantiated or false claims that can’t be verified. Rule 7.1 of the Illinois Rules of Professional Conduct states that a law firm or an attorney cannot engage in misleading or false communication in reference to their service offerings. Any such miscommunication is a clear violation of the Illinois Rules of Professional Conduct.
One rule of thumb: Would a rational person read such statement and be misled by it? What would they believe to be true? If they would be misled by such statement, then you must alter the content so that you don’t violate any ethics rules. Always double-check facts before making any statements. Additionally, if you include any statistical information in your ads, make sure that it is correct.
Don’t Set Unrealistic Expectations in Your Ads
Whenever you create online and off-line marketing strategies, make sure that you maintain high ethical standards and don’t engage in any type of marketing efforts that might lead the reader to false assumptions. That is, set realistic expectations for your clients and be clear that “Results may vary.”
Yes, you can have a testimonial page but don’t include statements like “My lawyer got me more money than I ever dreamed of.” Although it might be true for this one client, this statement might create an expectation in the reader that you can do the same for all your clients. Instead, you should only include testimonials that share verifiable factual information and don’t forget to add disclaimers to keep client expectations in check.
Never Use Comparative Statements If Your State Disallows It
Some states have specific rules about using comparative statements in your advertising copy. So, if you’re in a state that disallows this wording, you should avoid it. For instance, in Illinois, you are not allowed to use comparative declarations, like, “We are the best bankruptcy law practice in Illinois.” The fact that such statements cannot be proven with verified facts leads them to fall under the category of “false and misleading communication.” On the other hand, you may be allowed to mention a few successes of your firm through statistical data, like recent court cases won. But make sure that such data is factual and verifiable and current. Either way, check your state’s professional conduct rules and then find a way to creatively convey your skills and instill confidence in prospective clients without violating any rules.
Avoid Claiming to Be an Expert
Several states have rules prohibiting attorneys from portraying themselves as an expert or a specialist. These rules have been created to ensure that no individual practicing law can make misleading claims in relation to themselves and/or their services.
I often recommend that law firms work with a marketing consultant that has legal experience for just this reason. I recently reviewed a prospect’s website and it stated among other things, that the firm specialized in family law. This is a big mistake in Illinois. Had the prospect worked with a marketing consultant who was also an attorney or who had legal experience, this could have been avoided.
In Summary
At the end of the day, effective marketing is the key to having a successful law practice. However, law firms must practice honesty in all their marketing and advertising efforts. By following the above-mentioned guidelines, firms can avoid ethics violations, can win the trust of clients, and can bolster long-term growth for their law firms, while assisting those who need the legal help the most.
Buchalter recently announced the formation of a new Cannabis & Hemp Industry Law Group This, in many ways, is formalizing a group that has been operating for several years. In 2013, it all began when a client of the firm was tasked with operating a medical cannabis collective. Since then, the group has expanded to over 100 clients in the industry utilizing over twenty-five lawyers across each of its practice groups, demonstrating the broad reach of the cannabis industry. Building on those early experiences, Buchalter’s Cannabis & Hemp Industry law group will assist businesses in the industry across a variety of areas, including intellectual property, tax, real estate and financing. Oren Bitan, Shareholder in the LA office will co-chair the group with Martin P. Florman, Managing Shareholder of the Orange County office. Florman says, “We anticipate significant growth of this industry over the next decade while we continue to offer clients unparalleled expertise in distressed assets, banking and the Bank Secrecy Act, and real estate related concerns in this rapidly evolving industry.”
Davis Graham & Stubbs LLP, in Denver, Colorado announced the addition of four associates Omeed M. Azmoudeh (Trial Department); Stephanie Block-Guedez (Finance & Acquisitions Department); Molly Kokesh (Trial Department); and Rob McCary (Finance & Acquisitions Department). These additions will bolster the firm’s litigation and finance and acquisitions department, and two of the associates, Azmoudeh and McCary, were formerly summer associates at the firm.
Jeff Cody of Norton Rose Fulbright
Norton Rose & Fulbright recently announced the election of Jeff Cody as its U.S. Managing Partner, effective Jan. 1, 2020. Cody will also serve as Chair of the U.S. Management Committee. The outgoing managing partner, Daryl Lansdale, says: “Jeff has a passion for our firm, its people and our clients. Our partnership has the utmost confidence in Jeff to provide leadership and vision during a time of change and innovation in the legal profession.”
Cody has been a partner with the firm since 2001, and is based in Norton Rose’s Dallas office. He has significant experience in complex commercial disputes in healthcare, financial and information technology industries; specifically healthcare reimbursement matters, complex stock and asset purchase and sale agreements, and information systems development projects. Cody: “I am proud and honored to be entrusted by my partners with this leadership responsibility. I am confident in the firm and optimistic about our future in this dynamic legal landscape. With leading lawyers across the U.S. and around the world, we stand committed to delivering a superior client experience with high-quality and high-value legal advice.”
Manatt, Phelps & Phillips, LLP announced that digital health regulatory advisor Yarmela Pavlovic will join the firm as a partner in its Health and Digital and Technology Groups. Yarmela has extensive experience working with digital health, software as a medical device and assisting life sciences companies as they navigate the FDA approval process. Lisa Suennen, who leads Manatt’s Digital and Technology practice, says: “Healthcare products and services companies at the intersection of technology and health are facing increasingly complex and rapidly changing regulatory processes, requiring expert counsel to plan and engage with the regulatory bodies that make it possible for high-quality health innovations to come to market. Yarmela’s experience will be a tremendous value-add to our already significant capabilities in the digital realm.” Pavlovic, who describes her work as “a mix of legal and consulting” is excited to join Manatt, and says: “Manatt is the ideal next step in the growth of my practice and will help me provide an even wider array of capabilities to both startups and large companies that engage with the FDA.”
Calfee, Halter & Griswold LLP recently announced the hiring of Phillip A. Casey to co-chair Calfee’s Public Utility Regulatory practice group. Casey has more than 25 years of experience in energy law focusing on public utilities, both in house and within a law firm. His experience includes economic regulatory matters, corporate governance, new entrant certification, and regulatory strategies across jurisdictions. Additionally, he has incident response experience and major litigation management in this field. Casey calls Calfee’s energy practice “an incredibly talented group of experienced attorneys” and he says, “I look forward to demonstrating Calfee’s capabilities and leadership beyond Ohio and throughout the Midwest in this new role.”
Law Firm Awards, Recognition and Achievements
Benchmark Litigation, designed to feed the need for specialized study in the labor and employment practice area, provides rankings based on law firm questionnaires, peer review interviews and client reviews. The publication recently announced its second annual Labor and Employment guide and included three attorneys from Ward & Smith as “Labor and Employment” Stars: Ken Gray, Will Oden, and Devon Williams. Oden and Williams lead the firm’s Workplace Safety and Health Practice and the firm’s Labor and Employment practice, respectively. Gray focuses his practice on employment-related litigation, advising clients from start-ups to Fortune 500 companies on breach of employment contracts, employment discrimination and wrongful discharge matters.
Ballard Spahr was recently named the “Law Firm of the Year” recognition for Litigation – First Amendment in 2020 Best Law Firms by U.S. News & World Report. This was on top of the 25 National Tier 1 rankings the firm achieved across a variety of areas, and especially noteworthy as only one law firm per legal practice earns that designation. Firm Chair Mark Stewart sees the award rankings as evidence of the success of the firm’s efforts to grow nationally in depth and experience. Stewart: “By executing our plan to expand thoughtfully and strategically, and keeping our focus on legal excellence and client value, we are serving more clients better than ever before.”
Jeff White of Robinson Cole
Jeff White of Robinson Cole was recently named a “New England Trailblazer” in the inaugural list by Law.com and Connecticut Law Tribune for demonstrating an ability to “move the needle in the legal industry.” White, the chair of Robinson Cole’s Manufacturing Industry Practice, has significant experience on national and international issues related to the manufacturing industry, and this recognition is further evidence of his understanding of the challenges and need for change in some areas facing the industry. White: “With technological advances driving the boom in manufacturing, we need to continue to innovate in the kinds of things we’re focusing on. Our job as lawyers is to stay on top of these developments, because they’re going to have major implications that manufacturers deal with going forward.”
Under White’s leadership of Robinson Cole’s Manufacturing practice group, the group has risen to prominence as a leader in the field. One of his signature achievements was the creation of the Manufacturing Law Blog, which focuses on issues related to manufacturing rather than casting a wider, more business in general, net. In further recognition of his leadership in the manufacturing industry, in May of 2019 Robinson+Cole was recognized with the President’s “E” Award for Export Service by the United States Secretary of Commerce. The “E” award, established by President John F. Kennedy in 1961 is the highest recognition any U.S. entity can receive for making a significant contribution to the expansion of U.S. exports. Robinson+Cole was the only law firm in the country to receive the honor in 2019.
Law Firm Diversity Recognition
The law firm of Bryan Cave Leighton Paisner was recognized for its long-standing commitment to diversity by the Leadership Council on Legal Diversity, or LCLD. The organization named the firm a 2019 Top Performer and a 2019 Compass Award winner, one of only 21 member organizations that earned both designations this year. The awards indicate a participation in the organization’s programs, such as the Fellows and Pathfinder programs, as well as at least one pipeline program (Mentoring or 1L Scholars).
Bryan Cave is a long-standing member of LCLD, having been a member since the organization began. BCLP participates in the organization’s Fellows and Pathfinder programs, as well as the 1L LCLD Scholars Program and the LCLD Success in Law School Mentoring Program. The recognition came recently at LCLD’s Annual Meeting in Washington, D.C.
In more good news about legal industry diversity, the Diversity and Flexibility Alliance recognized fifty-one law firms for having a partner class in 2019 comprised of 50% or more female partners. These firms “tipped the scales” and were identified in the New Partner Report. The Report, a compilation of publicly available information and reported sources, revealed that 41.3 percent of new partners in 138 major U.S. law firms in 2019 were women, an increase of just over 2% from 2018. As well as the annual increase, the New Partner Report showed that women promoted to partnership is on an upswing overall, with an 8.1% increase since 2012, and more firms across the board are promoting partner classes that are more than 50% women, showing a trend towards “tipping the scales.” Click here for a full list of firms that were recognized for their 2019 Partner Class.
Law Firm Accomplishments and Deals
Sherin and Lodgen’s Renewable Energy Team represented Cambridge Savings Bank in developing a portfolio construction bridge and term loan for three ground-mounted solar facilities in Massachusetts. The project, built by Kearsarge Energy, will generate 8.8 MW of energy and features a 1.6 MW advanced technology battery storage component and will be one of the first to be implemented under the SMART program. The battery storage component is especially exciting, as industry analysts think this type of storage has the power to transform the renewable energy development and distribution in the near future. Sherin and Lodgen’s renewable team was led by Bethany A. Bartlett, renewable energy chair, and Colleen V. Collins, of counsel, and Tyler N. Ballew, and included syndicate partners Eastern Bank and Middlesex Savings Bank.
Global law firm DLA Piper represented SunTrust Robinson Humphrey and SunTrust Bank in closing of U.S. $60 million credit facility for Electric Entertainment. Electric Entertainment is a LA based production company founded by Dean Devlin. Devlin is a well-known producer, whose credits include films such as Stargate and Independence Day, and television series like The Librarian and Leverage. The credit facility will finance upcoming projects on WGN and the CW, and develop other film and television projects. The DLA Piper team representing SunTrust Robinson Humphrey and SunTrust Bank was led by partner Tom Ara, co-chair of the firm’s Entertainment Transactions and Finance practices, and included partner Afshin Beyzaee and associates Greg Young, Payvand Coyle and Rahul Sajnani (all of Los Angeles).
Looking at Pro-Bono work, during National Pro Bono Week in the United Kingdom, and Hogan Lovells ranked number one in Legal Week’s survey for the firm’s pro bono efforts in the UK. The firm did a total of 27,704 pro bono hours in the UK for 2018, and the publication also recognized the firm’s contribution to a variety of projects, including the Westminster and London Bridge inquests. Yasmin Waljee, International Pro Bono Director of Hogan Lovells called the recognition “fantastic.” She said: ” It is not the hours of pro bono that matter but the remarkable impact of the work undertaken by all the firms listed and those that were not.”
Legal Industry Trends, Research and Upcoming Events
Legal Technology company InCloudCounsel announced two new software automation enhancements powered by proprietary research in AI and machine learning. The developments are an Automated initial contract review; that automatically scans and flags clauses that conflict with negotiation requirements, helping to ease the negotiation stage and expedite the review process. The next piece comes into play when negotiation is finished–an AI-powered scorecard creates an abstract summary of key terms in the agreement, scanning the final agreement identifying the key terms in the common clauses. These tools were developed with InCloudCounsel’s proprietary technology, and assist attorneys in working more efficiently and accurately, maximizing their efforts to deliver legal services to their clients.
Hadayat Seddiqi, led the innovation process in his role as director of machine learning at InCloudCounsel. Hadayat’s resume includes work on space exploration robots at NASA, quantum computing at the Department of Energy and DNA sequencing software with a biotech startup. He says, “Our artificial intelligence models bring valuable tools to a field that historically has been very difficult to build similar solutions for. Our models are understanding increasingly complex abstract language and concepts – allowing our proprietary AI to automate a growing number of narrow tasks.”
The Legal Marketing Association released its agenda for the organization’s annual meeting in Denver, Colorado on March 25 -March 27, 2020. The committee putting the conference together, led by Kristen Bateman Leis of Parker Poe and Jonathan Mattson of BakerHostetler LLP, have put together an agenda focused around the organization’s body of knowledge, with an emphasis on wellness and mental health. The keynote speaker, Baratunde Thurston, a comedian, writer and cultural critic whose resume includes work with the satirical Onion, advisor to the Obama White House and work on The Daily Show with Trevor Noah.
Future Marketing Insights recently released a new intelligence report, projecting that legal transcription investments will increase, and those investments will focus on automation of legal transcription services. The demand for legal transcription solutions is global, and accounts for revenues worth 3 billion, indicated by the FMI insights report. This is anticipated to grow at a Compound annual growth rate of ~6% for the next ten years. The report indicated a heavy investment in legal tech startups in Asia Pacific, driving innovation. Additionally, new and improved Automation and Machine Learning technologies, coupled with Natural Language Processing are expected to fuel growth. Challenges include diverse pricing models and legal formats, and customers are demanding predictability and pricing consistency. The market is fragmented and major players are still jockeying for regional dominance–and focusing on innovation, to make the most of the technologies available.
That’s what we’ve got for now. Stay warm and enjoy the upcoming Holiday Season!
Being able to help your client with multiple legal issues can be a boon for your firm. After all, it generally takes much longer to develop new relationships than to maintain existing ones. The opportunity to cross-sell to clients by keeping them “in-house” after resolution of a matter, is one that shouldn’t be passed up. Extending this relationship should always be the goal because it’s frankly cheaper, not to mention more effective and efficient to nurture an existing relationship than to cultivate one from scratch.
Overcoming Attorney Fears About Cross-Selling
The above shouldn’t imply that there aren’t valid concerns about cross-selling, both within your firm or through collaboration with attorneys outside of your firm. Some of the common fears or objections to cross-selling to a client you’ve built a relationship with include:
Fear of losing the client to another attorney or firm.
Fear that you’ll refer a client and the other attorney will not be successful.
Fear of sharing compensation.
The fear of losing a client to another attorney or firm is legitimate. However, if the client came to you for a “one-off” legal matter, it is entirely possible that with or without your referral to a trusted colleague, they will pursue a bid from another firm or attorney anyway. So, you really have nothing to lose in this regard.
As for the fear that you’ll refer them to an attorney within or outside of your firm and that attorney won’t do a good job, thereby making you look bad—the best way to overcome this is by sending your client to someone who has a vested interest in ensuring that you continue to send referrals to them.
Finally, in regard to fear of sharing compensation, simply agree ahead of time to a compensation split with the attorney with whom you plan to collaborate.”.
While it is true that there is some risk that all three of these fears could potentially materialize, when compared to the potential benefits to be reaped by collaborating with other firms or other attorneys, the potential pros overwhelmingly outnumber the cons.
Client Benefits of Collaborating with Other Attorneys
You’ll notice that from here on out, we will replace the term “cross-selling” with “collaboration” because the last thing your clients need—who are coming to you for help during a possibly negative or complex time in their life—is to be upsold anything. Your role as counsel is to be a trusted advisor and confidant not a salesperson working on commission.
As a trusted advisor, with your client’s best interest in mind, your role as counsel is absolutely to point them in a direction or guide them to a colleague either within your firm (this is ideal as you can begin to build teams), or at another firm who can help when a legal matter arises that is outside of your wheelhouse. This is particularly true today as specialization in a niche practice is prevalent. In sum, your clients deserve access to the best experts available.
Collaboration also reduces the number of vendors that your client has to work with. Whether you team up with a colleague in your firm or partner with an attorney at another firm your client will see you as a team. They won’t feel as if they are adding yet another advisor and ensuing legal fees.
Collaboration also helps you better understand the business of your client. By working outside of your primary or preferred practice area with another lawyer, you’ll gain a deeper understanding of your clients’ overall needs, business, etc. Knowing as much as you can about them will make you a better and stronger advocate.
Clients aren’t the only party to benefit when you decide to collaborate with a colleague—attorneys benefit by maintaining the existing relationship, learning to work as a team in an area of law that isn’t a primary focus and by earning income from an existing client.
Tips for Successful Collaboration with Other Attorneys
Here are a few strategic “dos” that should help you successfully collaborate with other attorneys:
Determine compensation share from the beginning.
Take time to get to know the other attorney outside of the scope of the case.
Create a communication plan, including method and frequency.
Clarify roles from the outset of the collaboration.
Develop a reporting/information sharing protocol.
And one major “don’t”: Turn a client over to another attorney and then disappear.
When done correctly, collaboration leaves every practice better off. It’s not just “more money for more products.” It is far more cost-effective and efficient to maintain and grow an existing relationship than to develop new business, and it’s often in your client’s best interest. It’s also an avenue for team building and an opportunity for reciprocal referrals, which can only help your law firm.
Sherin and Lodgen’s Renewable Energy Team
Legal Technology company 