This PPT details how lawyers, particularly litigators and trial lawyers, can use public relations to enhance their reputations and grow their practices It covers the PR 101 basics, including an overview of PR as a marketing tool, developing your unique strategy and message, working with reporters, differentiation, and case-specific techniques. It also discusses the relevant ethics rules. This is the keynote presentation by Ross Fishman, CEO of Fishman Marketing, from the Litigation Counsel of America's (LCA) Oct 2014 national conference.

1. Ethical Public Relations
for Lawyers, Litigators
Tel: 1-847/HEADLINE
FishmanMarketing.com Blog: FishmanMarketing.com/blog
LinkedIn.com/in/rossfishman Twitter: @rossfishman
© 2014 Fishman Marketing, Inc.

2. What’s True?
Everything you see in
the papers is 100% true –
except that which you have
personal knowledge of.”
© 2014 Fishman Marketing, Inc.
Loren A. Wittner, JD
1990 Marketing Partner
Winston Strawn

3. I keep this on my office wall as a cautionary reminder.
You may not always like the quote or context.
The reporter may get it wrong, accidentally or intentionally.
Understand the PR rules and the risks.
© 2014 Fishman Marketing, Inc.

4. What is Public Relations?
Getting quoted, featured in the press
–Business, legal, trade press, online
Writing articles
Giving speeches
Online
–Blogs, Twitter, etc.
Just one of many Marketing tools
–Newsletters, websites, ads, mailers, social media,
networking, business cards, brochures,
sponsorships, cross-selling, committees, etc.
© 2014 Fishman Marketing, Inc.

5. © 2014 Fishman Marketing, Inc.
Credibility
Control
Advertising
v.
Public Relations

6. Why Public Relations?
Increases visibility
Enhances professional resume
Creates credibility with audience(s)
Reprints in targeted area(s)
Can be the most-important marketing tool
–Referral-based practices
–Personal injury
–Divorce
© 2014 Fishman Marketing, Inc.

7. Case-Specific
Litigation PR
© 2014 Fishman Marketing, Inc.

8. What happened?
Old-folks retirement condo
– Double-doorway foyer
– Carts, bikes damaging doors
New rule – “Wheeled vehicles use the side door.”
– Wheelchair boy pushed through front door
Elderly member tells them to use the side door
– Board told it was an ADA violation
– Misunderstanding, apologized
Filed lawsuit
– Told defense to hire a PR expert
© 2014 Fishman Marketing, Inc.

9. Nuance Doesn’t Sell Papers
Defense declined to hire professional PR help.
– “We have a reasonable explanation.”
– Reporter called defendants’ lawyer for comment
– At 6:00 pm. The night before the story ran. On the cover.
© 2014 Fishman Marketing, Inc.

10. What’s Newsworthy?
© 2014 Fishman Marketing, Inc.

11. What’s “Newsworthy?”
Interesting
–Unique
–Trends
–Surveys
Timely
Depends upon the audience
What we want them to write about
© 2014 Fishman Marketing, Inc.

12. © 2014 Fishman Marketing, Inc.
BLFailrwlmio F nRi-reDmpo rlOelasfrfe enVrtiscs t CoBlriegyn,! tSLsam awa yFlleu, rlMl -CSidae-nrS'vti izcDeeids P cCrualsicestn iicttse.
Skilled
Lawyer
Moves to
Different
Law Firm
Lawyer
Plane
Closes
Lands
Another
Safely
Deal
What’s “Newsworthy?”

13. $100,000 litigation win
Exercise: Make it news.
–Against Isis
–For Beyoncé
–With bizarre facts (tragedy, weird)
–Timely, connected to hot stories
Ebola-related injury
–When expecting $1,000,000,000
–Find an audience that cares about it
© 2014 Fishman Marketing, Inc.

14. Sending Press Releases
What should you write about?
–Current news, events
–Relevant legal decisions
–Firm news, awards, new hires
Keep expectations reasonable
© 2014 Fishman Marketing, Inc.

15. Sending Press Releases
Send through paid newswires to increase
distribution, visibility
–PR Newswire
–PR Web
Media directories / databases to find contacts,
reporters, build media lists
–Bacons
–BurrellesLuce
–Vocus
© 2014 Fishman Marketing, Inc.

16. Public Relations and the Ethics Rules
Most violations will be under Rule 7.1
© 2014 Fishman Marketing, Inc.

17. Public Relations and the Ethics Rules
Most common violations:
–Case results
Unjustified expectations
–“Expert or “specialist”
© 2014 Fishman Marketing, Inc.

18. Rule 3.6: Trial Publicity
© 2014 Fishman Marketing, Inc.

19. Working with
the Media
© 2014 Fishman Marketing, Inc.

20. Not Woodward Bernstein
Sitting at desk
Waiting for “daily deluge”
–“sources”
–PR professionals
© 2014 Fishman Marketing, Inc.

21. Reporters
Young
Bright
Energetic
Underpaid
Professional
Want to do good job
Don’t trade ads for editorial
© 2014 Fishman Marketing, Inc.

22. Who covers your “Beat?”
What publications write about your issue?
Reporters have different areas, specialties
–Law
–Real estate
–Pharmaceutical
–Automotive
Befriend those who cover the “Legal Beat”
© 2014 Fishman Marketing, Inc.

23. “Why is it always Gloria Allred?”
Narrow subject-matter expert
–Not “Law”
–What’s your topic?
Proactive, has a publicist, plays the game
© 2014 Fishman Marketing, Inc.

24. What are Reporters Looking For?
Apparent expertise, credentials
–Bar positions, titles, leadership
Accessible
Responsive
–Meet deadlines
Quotable
–Pithy
–Controversial
“They stink. That's terrible.”
© 2014 Fishman Marketing, Inc.

25. Working with the Media
Regularly quoted have worked hard for it
– You can too
Understand what reporters need
– Make reporters’ jobs easier
– Make it a priority to help fulfill them
Respect their deadlines
– Always ask for it, tell your secretary
– Who call back first? Client or reporter?
Don’t ask to preview article
© 2014 Fishman Marketing, Inc.

26. Make Yourself Useful
Reporters looking for ideas
–Hot news
–Trends
–New issues
–Exclusive “scoops”
You’re likely to be quoted
“Hmm, really? That’s interesting.”
–(Who writes about that?)
© 2014 Fishman Marketing, Inc.

27. Niche Experts – Top Sources
Always seeking new sources
Viewed as expert, credible
You can become a niche expert
–Association leadership position
–Specialized experience
industry articles, speeches, op eds
–Focused practice
–Builds on itself, grows
© 2014 Fishman Marketing, Inc.

28. When a Reporter Calls
Ask what their deadline is
Ask what they want to talk about
– You want a few minutes to collect your thoughts
Tell them you’re in a meeting
Ask if you can call them back in 10 minutes
– Collect your thoughts, write your outline
– Write the great quote
– Rehearse
Call them back within the deadline
– Speak slowly
– Short, powerful, interesting sound bites
© 2014 Fishman Marketing, Inc.

29. Get the Giant Quote
You want to be so quotable that the article
becomes mostly about you
–Or at least get the giant quote in the box
Write down quotable things before the
interview
Read them to the reporter
–If they’re great quotes, they’ll hear them
© 2014 Fishman Marketing, Inc.

30. Shaping the Story.
Getting the Quote
© 2014 Fishman Marketing, Inc.

31. Attitudes
© 2014 Fishman Marketing, Inc.

32. Interviews are Transactions
Both sides have goals
–Reporter need not obtain all the benefits
–You control the flow of information
Media is a cost-effective way to spread
your message:
–Clients
–Prospects
–Potential recruits
–Other key audiences
© 2014 Fishman Marketing, Inc.

33. Tell our Side of the Story
They'll get the info somewhere
–Better from us than opponents
Help “shape” the coverage
–Add your side of the story
© 2014 Fishman Marketing, Inc.

34. Reporters aren't Lawyers
Assume they don't understand this
issue or jargon
–Explain patiently
–Be available for clarification
May be their first such story
© 2014 Fishman Marketing, Inc.

35. Reporters are Responsible
Inaccurate stories?
–Lack of information
–Lack of time to gather it
–Refusal to furnish relevant facts, opinion
They might still get it wrong
© 2014 Fishman Marketing, Inc.

36. Remember the Readers
Communicating to a general audience
through a third person
Avoid
–Latin
–Technical language
Always define your terms
© 2014 Fishman Marketing, Inc.

37. Where’s the
4-Foot Check?
© 2014 Fishman Marketing, Inc.

38. Looking for a new brand or website?
A marketing or CLE speaker?
Ross Fishman, JD
Fishman Marketing, Inc.
Tel: 1-847/HEADLINE
www.fishmanmarketing.com
ross@fishmanmarketing.com
Blog: FishmanMarketing.com/blog
Twitter: @rossfishman
LinkedIn.com/in/rossfishman
© 2014 Fishman Marketing, Inc.
© 2014 Fishman Marketing, Inc.

39. ROSS FISHMAN, J.D.
Called “one of the country’s leading
experts on law !rm marketing” by
Lawyers Weekly USA, Ross is known
as one of the legal profession’s most
innovative marketers and strategists.
As CEO of Fishman Marketing, Inc.,
he helps law !rms dominate their chosen markets and
generate signi!cant revenue.
Often hired to overhaul a !rm’s message, brand, or
website, he is best known for strategic marketing plans,
dierentiation and positioning; and the development of
the profession’s most cutting-edge marketing materials.
Even in today’s recessionary economy, Fishman Mar-keting’s
clients continue to grow, in size and pro!ts.
Ross was a commercial litigator from 1985-90 before
moving to Winston Strawn to practice marketing
full-time, later becoming Marketing Partner of Unga-retti
Harris. Called “the creative mind behind a host
of law !rm campaigns that have rede!ned the !eld” (San
Jose Business Journal), Fishman Marketing has launched
eective campaigns for nearly 100 !rms from Istanbul
to Iceland.
FM campaigns have received dozens of international
marketing awards, including the LMA’s grand prize, the
Best of Show award, !ve of the ten times ever presented.
FM campaigns also received one of Inc. magazine’s ten
Marketing Masters awards for “brilliant and successful”
marketing campaigns. Recipient of a peer-selected LMA
1998 Lifetime Achievement Award, Ross was the !rst
legal marketer inducted into the LMA’s Hall of Fame.
Known for his “educational and entertaining” presenta-tion
style, he has conducted more than 250 !rm retreats
and training programs on !ve continents, from Toba-go
to #ailand — including once presenting on three
continents within 24 hours. A Fellow of the College of
Law Practice Management, Ross has written over 250
bylined articles, including !ve monthly columns, and
has sat on the editorial board of !ve national magazines.
An active LMA member since 1990, Ross has been the
Vice President, a member of both the Strategic Plan-ning
and Best Practice Task Forces, and chairman and
moderator of seven consecutive QuickStart conferences,
later creating and hosting “Just JDs,” LMA’s !rst full-day
program exclusively for lawyers. He has been hired
as the marketing expert witness in two precedent-setting
branding- and social media-related lawsuits.
A 1986 member of the federal Trial Bar (N.D. Ill), he
received a B.A. in Speech Communications, cum laude,
from the University of Illinois, and his J.D. from Emory
Law School.
Fishman Marketing, Inc. s 1356 St. Johns Ave s Highland Park, IL 60035 USA s Tel: 847.432.3546 (847-HEADLINE) s ross@fishmanmarketing.com
www.fishmanmarketing.com
“Ross has a stronger sense of
what will create ‘buzz’ than
anyone else in the market.”
Rick Klau, Google, Inc.
“Ross was going to win in so many
categories that LMA created the ‘Best
in Show’ so he’d win one grand prize
instead of nearly all the trophies”
LMA’s “In The Loop,” Fall 2009
“Ross is a litigator-turned-marketer
whose company
offers branding services
IVLQLMI[WTI_ÅZU[º