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Ethical and Legal Issues Associated with Law Firm Marketing, Business Development, and Public Relations

How to Raise Your Law Firm's Profile while Maintaining Ethical and Effective Client Representation

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Ethical and Legal Issues
Associated With Law Firm
Marketing, Business
Development, and Public
Relations
Course #901372367
Association of Legal
Administrators of Houston
February 21, 2017
STACEY BURKE
ATTORNEY/OWNER
1800 BERING DR., SUITE
1010
HOUSTON, TEXAS 77057
OFFICE: (713) 714-8446
STACEY@STACEYEBURKE.COM
WWW.STACEYEBURKE.COM
Stacey Burke
Licensed Texas lawyer since 2001 (Texas state courts, Eastern and Southern
Districts of Texas, Fifth Circuit)
Select Speaking Engagements and Publications
• Legal Technology
 Needles Case Management Software
 MyCase Case Management Software
• Legal Industry Professional Associations and Publications
 American Association for Justice
 Asian American Bar Association
 Houston Bar Association
 Houston Trial Lawyers Association
 Kentucky Justice Association
 Law Firm Marketing Mastery
 State Bar of Texas
 Texas Bar Today
 Texas Women Rainmakers CLE
 Trial Magazine
 University of Texas Law School CLE
• Public Relations and Marketing Professional Associations
 American Marketing Association
 Houston Social Media Breakfast
 Public Relations Society of America
www.staceyeburke.com
Raising Your Brand Profile
• Marketing:
– Support, open doors for business development
– Develop messaging and promotional materials
– Attract new clients by positioning law firm well
to identified potential “client profile” and
showcasing how firm can meet their needs
• Business Development:
– Identify prospects
– Make sales using marketing materials
• Public Relations:
– Promote the client, the law firm, and the law
– Draft media relations plans and trains
spokespeople
www.staceyeburke.com
Marketing
www.staceyeburke.com
Raising Your Brand Profile: Marketing
What is marketing? PUSH
• The process of planning & executing
the conception, pricing, promotion and
distribution of ideas, goods and services
to create exchanges that satisfy
individual and organizational objectives.
American Marketing Association
• The management process responsible
for identifying, anticipating and
satisfying customer requirements
profitably. Chartered Institute of Marketing
www.staceyeburke.com
Raising Your Brand Profile: Marketing
• SBOT Rules
– Approval process varies by media type and audience (lawyers or not)
– Bulk of violations occur under Rule 7.02 “Communications
Concerning a Lawyer’s Services”
• Case results / past successes
• Stating that a lawyer is an “expert” or a “specialist” – Board
Certification (specifically mandated format)
– Must state “ADVERTISEMENT” Rule 7.05 in all caps, separate from
other text on the first page and the envelope or subject line
• ABA Rules – general guidelines but the Texas rules are more specific,
have significant commentary, and are stricter
• Tex. Penal Code §38.12 – Texas barratry statute makes it a crime to
solicit clients. Exceptions: current clients, former clients, and relatives.
• CAN-SPAM Act
– Governs “any electronic mail message the primary purpose of which
is the commercial advertisement or promotion of a commercial
product or service”
– Give recipients the ability to OPT-OUT
– Each separate email violation is subject to penalties of $16,000
www.staceyeburke.com
Ad

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Ethical and Legal Issues Associated with Law Firm Marketing, Business Development, and Public Relations

  • 1. Ethical and Legal Issues Associated With Law Firm Marketing, Business Development, and Public Relations Course #901372367 Association of Legal Administrators of Houston February 21, 2017 STACEY BURKE ATTORNEY/OWNER 1800 BERING DR., SUITE 1010 HOUSTON, TEXAS 77057 OFFICE: (713) 714-8446 STACEY@STACEYEBURKE.COM WWW.STACEYEBURKE.COM
  • 2. Stacey Burke Licensed Texas lawyer since 2001 (Texas state courts, Eastern and Southern Districts of Texas, Fifth Circuit) Select Speaking Engagements and Publications • Legal Technology  Needles Case Management Software  MyCase Case Management Software • Legal Industry Professional Associations and Publications  American Association for Justice  Asian American Bar Association  Houston Bar Association  Houston Trial Lawyers Association  Kentucky Justice Association  Law Firm Marketing Mastery  State Bar of Texas  Texas Bar Today  Texas Women Rainmakers CLE  Trial Magazine  University of Texas Law School CLE • Public Relations and Marketing Professional Associations  American Marketing Association  Houston Social Media Breakfast  Public Relations Society of America www.staceyeburke.com
  • 3. Raising Your Brand Profile • Marketing: – Support, open doors for business development – Develop messaging and promotional materials – Attract new clients by positioning law firm well to identified potential “client profile” and showcasing how firm can meet their needs • Business Development: – Identify prospects – Make sales using marketing materials • Public Relations: – Promote the client, the law firm, and the law – Draft media relations plans and trains spokespeople www.staceyeburke.com
  • 5. Raising Your Brand Profile: Marketing What is marketing? PUSH • The process of planning & executing the conception, pricing, promotion and distribution of ideas, goods and services to create exchanges that satisfy individual and organizational objectives. American Marketing Association • The management process responsible for identifying, anticipating and satisfying customer requirements profitably. Chartered Institute of Marketing www.staceyeburke.com
  • 6. Raising Your Brand Profile: Marketing • SBOT Rules – Approval process varies by media type and audience (lawyers or not) – Bulk of violations occur under Rule 7.02 “Communications Concerning a Lawyer’s Services” • Case results / past successes • Stating that a lawyer is an “expert” or a “specialist” – Board Certification (specifically mandated format) – Must state “ADVERTISEMENT” Rule 7.05 in all caps, separate from other text on the first page and the envelope or subject line • ABA Rules – general guidelines but the Texas rules are more specific, have significant commentary, and are stricter • Tex. Penal Code §38.12 – Texas barratry statute makes it a crime to solicit clients. Exceptions: current clients, former clients, and relatives. • CAN-SPAM Act – Governs “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service” – Give recipients the ability to OPT-OUT – Each separate email violation is subject to penalties of $16,000 www.staceyeburke.com
  • 7. Raising Your Brand Profile: Marketing • Integrated Marketing Strategy • Focus: Inbound Digital Marketing – Blogs – Email Marketing – Pay-Per-Click / AdWords – Search Engine Optimization – Social Media and Social Ads – Website Disclaimer Expert Tip: Testimonials + Reviews = Social Proof www.staceyeburke.com
  • 8. Is My Marketing Working? • Google Analytics • Social Media Key Performance Indicators • Call Tracking and Recording • Tracking Emails • Form Submissions www.staceyeburke.com
  • 10. Raising Your Brand Profile: Business Development • What is business development? PULL – Selling is the ultimate result of marketing • Variation by law firm and practice area (to who and how) • Types: – Events – Professional Networking – Publication Opportunities – Social Engagements – Speaking Opportunities – Sponsorships • Business lifecycle for prospects, clients, and referral sources www.staceyeburke.com
  • 11. How Do You Track Business Development? A. On my calendar B. In Outlook C. On a notepad D. I don’t Why it matters: • Do you get paid more for the business you bring in or are you required to bring in a certain amount of business? • Your firm’s financial survival in an increasingly competitive industry. • Keep track of your time to see if the time you invest and how you invest it are working and worthwhile – AND see which parts you can automate! www.staceyeburke.com
  • 12. CRM Cycle for Prospects www.staceyeburke.com Need Contact Courting Paperwork (Pre-Nup) Marriage?
  • 13. CRM Cycle for Clients www.staceyeburke.com PNC Client Matter Handled Resolution Post- Matter
  • 14. Law Firm Customers: Clients Boosting client satisfaction and maintaining compliance with ABA Rule 1.4: • Personalized communication • Consistent contact person who is knowledgeable about their case • Be responsive • Monthly or quarterly updates • Keep track of feedback www.staceyeburke.com
  • 15. Raising Your Brand Profile: Business Development Automation via CRM • Ethical issues when using a CRM for client communications: – Confidentiality – Security – Accessibility • Helps lawyer comply with ethical obligation (ABA Rule 1.4) to keep client reasonably informed • Training • Personalization and customization while maintaining consistency www.staceyeburke.com
  • 17. Raising Your Brand Profile: Public Relations • Understand the journalist’s perspective (human element) • Lessons learned from past media interview experiences: – Typical PR strategies are often inappropriate or can be detrimental to a lawsuit – you must take the litigation strategy into account every step of the way – Client preparation and sensitivity to their feelings – See if you can get the questions in advance or at least a general idea of what they will cover – Know what areas to avoid and how to respectfully decline – Establish groundrules www.staceyeburke.com
  • 18. Raising Your Brand Profile: Public Relations • Pay attention to media interview formats (print, phone, TV/radio, email, social media) • Client confidentiality • Protect client/reputation management • Make your client’s viewpoint known • Influencing outcome of litigation with media pressure • Helping public understand complex legal issues versus contaminating jury pool www.staceyeburke.com
  • 19. Raising Your Brand Profile: Public Relations Sharing/Repurposing Media Coverage: • Email Marketing – link to article and embed video • Digital Press Release – wait for earned media to share • Social Media – obtain video and rights to upload to your own YouTube channel and embed in your website • Website - press section, blog post with embedded media coverage, add to bios www.staceyeburke.com
  • 21. STACEY BURKE ATTORNEY/OWNER 1800 BERING DRIVE, SUITE 1010 HOUSTON, TEXAS 77057 OFFICE: (713) 714-8446 STACEY@STACEYEBURKE.COM WWW.STACEYEBURKE.COM Course #901372367

Editor's Notes

  1. https://www.texasbar.com/Content/NavigationMenu/ForLawyers/MembershipInformation/AdvertisingReview2/default.htm
  2. https://www.texasbar.com/Content/NavigationMenu/ForLawyers/MembershipInformation/AdvertisingReview2/default.htm