Dustin Cole outlines key ethical guidelines for lawyers engaging in social media marketing, emphasizing that all advertising must adhere to the ABA rules regarding honesty and transparency. Lawyers can promote their services but cannot initiate contact with potential clients unless certain conditions are met, and all communications should be clearly identified as advertising material. He also highlights the importance of engaging relevant audiences with useful information while managing time spent on social media efficiently.

1. Ethics and Marketing in the Cloud
#SocialMediaEthics2018

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5. • President of Attorneys Master Class and
Master Practice Advisor, Dustin Cole is
one of the nation’s leading advisors to
law firms and lawyers.
• He has spoken at every solo & small firm
conference nationwide, and is a regular
CLE provider and speaker for more than
50 national, state and specialty Bar
associations.
• He has worked with over 200 firms and
more than 1000 individual attorneys in 30
states to help them grow their practices
and deal successfully with the major
changes in the profession.

6. Guiding Principle of the Day
Social Media Marketing is MARKETING.
ABA Rule 7
Information About Legal Services,
applies.
(Unfortunately)

8. Application of Rules
Applies to . . .
. . . All forms of communication
. . . All lawyers who advertise
. . . All communications to referral sources
. . . But NOT to lawyer-to-lawyer
communications

9. 7.1
Not Deceptive or Misleading
 Can’t lie or mislead (!)
 Can’t omit to mislead
 Can’t misrepresent fact or law
 Can’t imply something “not in evidence”

10. 7.2 Advertising
 You CAN advertise(!)
 You CAN’T give “anything of value” for a
referral, except for
 Paying official (approved) referral services
 Directory advertising
 You CAN:
 Pay “reasonable” (?) advertising costs

11. 7.2 Advertising
 You CAN:
 Pay normal fees of a legal service plan or not-
for-profit referral service “approved by a
regulatory authority”
 Refer to another lawyer or professional if
•The agreement isn’t exclusive
•The client is informed (in their agreement)
A kind of “co-counsel” allowing fee-sharing or referral
fees

12. 7.2 Advertising
 All advertising MUST INCLUDE:
 Lawyer and/or firm name
 Where located

13. 7.3 Solicitation of Clients
 You can’t contact them first unless they
are:
 Another lawyer
 Family, personal or professional friend
 You CAN contact anyone who has asked
you for information (contacted before)
 You can’t do it in ANY WAY if:
 They have said “don’t contact me”
 The solicitation involves coercion, duress or
harassment (!)

14. “Broadcast” Advertising

15. 7.3 Solicitation of Clients
 Any “advertising” – written, recorded,
electronic must include the words
“ADVERTISING MATERIAL” on outside, or
at beginning or end of communication
 You CAN use a legal service plan that
solicits.

16. 7.4 Communicating Fields of
Practice and Specialization
 You can tell people what type of law you
practice.
 You can say “Patent Attorney” if you’re
admitted to the US PTO
 You can say “Admiralty” if you are one

17. 7.4 Communicating Fields of
Practice and Specialization
 You CAN’T say “certified” unless:
 You’ve been certified by an ABA-approved or
state authority
 AND you name the certifying organization

18. 7.5 Firm Names & Letterhead
 Can’t violate 7.1 – “False or Misleading”
“Law Group” – for a solo?
 If multi-jurisdictional – have to ID who can
practice where
 Can’t use name of a public office holder in
name or communications
 Can’t claim you’re a partner unless you are

19. 7.6 Political Contributions to
Obtain Legal Engagements or
Appointments by Judge
 If you contributed – you can’t accept
work or an appointment – if you made the
contribution for that purpose!

20. Critical Distinctions
 Types of communications
 Personal
 Business/legal
 Message
 Comments, suggestions, “conversations”
 Direct solicitation:
“Call me, I can help,” etc.

21. Critical Distinctions
 Contact categories:
 PERSON HAS
•Requested information
•Signed up – Twitter, LinkedIn, FaceBook, blog
•Knows you’re a lawyer
 PERSON HAS NOT CONTACTED YOU
 Lawyers

22. Personal
OK!

23. Caveats:
 No sneaky solicitations
 Casual mention of profession, bio OK
 No agonizing details of big wins
KEEP IT PERSONAL!

24. Business:
 Website and Website lookalikes -
Facebook-LinkedIn, etc.
-- All the Rules apply!

25. Business:
HAVE ASKED FOR
INFO/SIGNED UP
Know you’re
a lawyer
DON’T know
you’re a lawyer
Legal info –
solicitation

26. Business:
HAVE NOT ASKED FOR
INFO/SIGNED UP
Legal info – solicitation

27. CHAT ROOMS –
LISTSERVES - GROUPS
Business:
Comments
Suggestions
General
Advice
(with disclaimer)
“Call me”
Response to
specific
requests
for
information
“I can help”
Website link

28. CHAT ROOMS –
LISTSERVES - GROUPS
Business:
UPL
DISCLAIMER - ALWAYS
NO SOLICITATION
ACCIDENTAL CLIENT
UNEXPECTED CONFLICT

29.  Subscribers: “requested information”
 Clients, past “requestors” – OK to send
-- Always an “unsubscribe” option
option
 Can’t actively solicit subscribers outside
existing “permission” contacts
 Others can forward & refer posts
(tweets, Facebook & LinkedIn to)
 Unethical to pay someone to do it.
Legal Blogs

30. OTHER LAWYERS
Business:

31. Your best, cheapest (and
safest) referrals will come from
other lawyers. . .
SO –
Focus on lawyer groups!
Create your own!

32. Articles:
Other people’s blogs, social media sites
 Same rules apply!
 Information, commentary OK
 Solicitations – NOT OK.
Someone else sending it out does not change
its purpose!

33. Articles: A Caveat
 Ghostwriters: an ethical no-no
 You can edit and list yourself as “editor”

34. Big Picture:
 “Broadcast” vs individual conversations
 Responsive rather than initiating
 Advice, comments vs. solicitation
 “Available” information (articles) vs.
directed information

37. Social media:
The new “MBWA”
Usually no plan or focus
No tracking of results
Can be immensely time consuming
Becomes an addiction – obsession
Original intent has been subverted

38. 5 Principles for Using Social
Media Effectively

39. 1. WHO you should be talking to
 Communicate with those in your market
area – not indiscriminately
 Engage with those who have reasonable
potential to need your services
 Interact with professionals and others
who can refer you business – whose
focus overlaps with yours – especially
other lawyers

40. 2. WHAT your message should be
 NOT sales and self-congratulation
 Topical, relevant comments & articles
 Helpful and useful information
 Not just legal topics – community
activities, comments on local issues
 Engage, inform, support to encourage
continued connection

41. 3. WHEN to communicate
 Not when something happens to YOU
 When something happens that is
important to others.
 Human interest, support, celebration,
congratulations, honor, observance
 Regularly – remember:
 Top of mind awareness
 Synchronicity

42. 4. WHERE you should communicate
 Find your target audiences
 In target interest groups
 In forums, groups in your market area
 IN RELEVANT LAWYER GROUPS

43. 5. HOW you should communicate
 Frequently
 Briefly
 Interestingly
 Helpfully
 Inspiringly
 Memorably

44. The 6th Principle
Do it EFFICIENTLY!
 SCHEDULE and manage social media time
 Avoid social media addiction
 Avoid the social media time sink
 Minimize social media interruptions
 Turn off auto-retrieve and auto-notify
 Protect time for legal work and client care

45. AND. . .
 MEASURE your results
 Re-think, refine, refocus
 NARROW your social media targets
 Maximize your results
 Minimize your time

46. CLIENT
PROSPECT
FOLLOWER
AWARE
UNAWARE
Your Objectives:
Build Trust and
Relationship
Draw Them Closer
Create Personal Contact

47. The Steps
 Identify & participate in target groups
 Be interesting, topical, helpful, readable, even
controversial (no sales)
 Encourage “forwarding”
 Build followers
 Look for, encourage and respond to specific
questions, requests for help
 When questions come – you have jumped the
“solicitation” barrier
 Encourage personal contact – phone, meeting

48. For an Hour of Advice. . .
FREE
Call 407-830-9088
“MyCase webinar”
Schedule a Time to Talk

49. Thank You!
Dustin Cole
www.attorneysmasterclass.com

50. Poll#1: Which of these groups can
you NOT contact without prior
permission?
a) Strangers who have never contacted you?
b) Family and friends
c) Other Lawyers
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51. Poll #2 What Rules apply to
Facebook, LinkedIn, blogs and
contributions to other blogs?
a) Just the certification identification
b) Just the writing and article content
c) All of them
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52. Poll#3: What is the major
shortcoming of the use of social
media?
a) Not enough feedback
b) Too complicated
c) No focus or discipline
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53. Questions?
mycase.com
support@mycase.com
800-571-8062