1. Ethical and Legal Issues
Associated With Law Firm
Marketing, Business
Development, and Public
Relations
Kentucky Women Trial Attorneys
Retreat
June 9, 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. Ethics and Advertising
www.staceyeburke.com

4. Attorney Advertising Rules
• American Bar Association Model Rules of
Professional Conduct
– General guidelines adopted by the ABA in 1983 to serve as a
guideline for states. The Kentucky rules are more specific, have
significant commentary, and are stricter.
• Kentucky Rules
– Kentucky adopted the ABA Model Rules in 1989.
– Kentucky Revised Statutes 367.4082 prohibits solicitation of a person
involved in a MVA by a healthcare provider or intermediary – they
cannot refer cases to lawyers for money (previous iteration was ruled
unconstitutional because it was vague and broad).
– Rules are restrictive and submission process is burdensome.
• 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” – must identify each email as an ad
– Give recipients the ability to OPT-IN and -OUT
– Each separate email violation is subject to a penalty of $40,654
– You can whitelist a broad audience via a third party like ALM
www.staceyeburke.com

5. KY Lawyer Advertising Rules
• Kentucky Bar Association Attorneys’ Advertising
Commission
(AAC)https://www.kybar.org/page/AAC enforces
Advertising Rules of the Supreme Court of
Kentucky (SCR 3.130 (7))
https://www.kybar.org/page/SCR3.
– Rules are restrictive and submission process is
burdensome.
• KY requires lawyers to re/submit substantive website
updates to AAC.
• Attorney remains responsible for the acts of third party
vendors doing things in their name online.
– Not advertising (per SCR 3.130(7.01)):
• Business cards
• Mentioning a sponsor is a lawyer or firm with contact
information
• Law office signage
www.staceyeburke.com

6. KY Lawyer Advertising Rules
• Advisory Opinions – request in writing for $75.00
and receive within 30 days of date of receipt.
• Submission by mail or delivery to AAC:
– 3 copies of advertisement
• If broadcast media, send 3 copies of the actual ad (VHS,
DVD, or audio cassette) plus 3 copies of a transcription.
• Websites submitted via data disc in PDF format. Each ad
must be submitted separately.
– $75.00 for each ad
• If ad is over 100 pages or longer than 10 minutes, you
must pay an additional $100.00
• Retain a copy or recording of all ads used and
information about when and where used for 2
years after the last dissemination.
www.staceyeburke.com

7. KY Lawyer Advertising Rules
• Location: All ads must contain the name
and office address of at least 1 lawyer or
the name of the firm. The KY lawyer or
lawyers are responsible for the content of
the ad (meaning you need one).
• Case Results: Prior results and cumulative
results can give potential clients unjustified
expectations. You also can’t say you’re
better than others/more successful unless
you can back it up with facts.
• Testimonials: Must be general and not
reference a specific result or matter.
www.staceyeburke.com

8. 3P’s: Raising Your Brand Profile
• Marketing: PUSH
– 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: PULL
– Identify prospects
– Make sales using marketing materials
• Public Relations: PROMOTE
– Promote the client, the law firm, and the law
– Draft media relations plans and train
spokespeople
www.staceyeburke.com

9. Marketing
www.staceyeburke.com

10. 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

11. Is My Marketing Working?
• Google Analytics
• Social Media Key
Performance
Indicators
• Call Tracking and
Recording
• Tracking Emails
• Form Submissions
• Live Chat
Conversions
www.staceyeburke.com

12. Business Development
www.staceyeburke.com

13. Raising Your Brand Profile: Business Development
• What is business development? PULL
– Selling is the ultimate result of marketing
• Types:
– Events
– Professional Networking
– Publication Opportunities
– Social Engagements
– Speaking Opportunities
– Sponsorships
www.staceyeburke.com

14. Raising Your Brand Profile: Business Development
You Can Scale Your Business Development and Client
Communication/Retention Efforts By Using CRM
Software.
• Ethical issues when using a CRM for client
communications:
– Confidentiality
– Security
– Accessibility
• What Can a CRM Do For You?
– Helps a lawyer comply with his or her ethical obligation (ABA
Rule 1.4) to keep clients reasonably informed.
– Allows for personalization and customization while maintaining
consistency in design (firm brand standards) and approved
content (one voice).
– Allows a lawyer to be responsive to a large group of clients.
– Sends monthly or quarterly updates to clients and referral
sources.
– Keeps track of client feedback throughout the engagement.
www.staceyeburke.com

15. Law Firm Customers: Clients
Boost client satisfaction + maintain
compliance with ABA Rule 1.4:
www.staceyeburke.com

16. Public Relations
www.staceyeburke.com

17. Raising Your Brand Profile: Public Relations
• 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
• See if you can get the questions in
advance or at least a general idea of
what the media will cover
• Know what areas to avoid and how to
respectfully decline
• Establish ground rules
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
• Influencing outcome of litigation with
media pressure
• Helping public understand complex legal
issues versus contaminating jury pool
www.staceyeburke.com

19. So You Got Media Coverage, Now What?
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 clips from
the media 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

20. www.staceyeburke.com
Facebook.com/MarketingLawyer
s
@StaceyEBurke
www.SlideShare.net/StaceyBurke
http://bit.ly/SEBPCnews
Text NEWSLETTER to 38470

21. STACEY BURKE
ATTORNEY/OWNER
1800 BERING DRIVE, SUITE 1010
HOUSTON, TEXAS 77057
OFFICE: (713) 714-8446
STACEY@STACEYEBURKE.COM
WWW.STACEYEBURKE.COM