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She.com
Association of Women Attorneys
Houston, Texas
August 28, 2019
Stacey Burke
Michelle
McCormick
Diane St. Yves
Submitting to State Bar of Texas
• Applications require at least one printed copy of
the material, the completed and signe...
Submitting to State Bar of Texas
Ethics Tip: Be careful discussing fees! Even if you claim to work on a
contingency fee ba...
Submitting to State Bar of Texas
Case Study
Website included the language: “We’ve beaten the largest and most
powerful cor...
Social Media Marketing: Top Channels
• What channels are necessary for law firms?
• What channels are good to add to that ...
Directories & Citations
• What online lawyer directories are important for
law firms?
• What other digital citations are i...
Email Marketing
• What email marketing software do you use?
• How often do you send emails out and what’s in
them/who do t...
Branding
• How did you select your logo / how do you create
logos for clients?
• What components of a company’s branding n...
Stacey Burke
www.StaceyEBurke.com
Stacey@StaceyEBurke.com
LinkedIn.com/in/StaceyEBurke
Michelle McCormick
www.JaffePR.com
...
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She.com - Branding and Advertising For Female Lawyers

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Three females in the legal industry discuss ethics rules, advertising, marketing, and branding for female lawyers.

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She.com - Branding and Advertising For Female Lawyers

  1. 1. She.com Association of Women Attorneys Houston, Texas August 28, 2019
  2. 2. Stacey Burke Michelle McCormick Diane St. Yves
  3. 3. Submitting to State Bar of Texas • Applications require at least one printed copy of the material, the completed and signed application form (including the bar number of the responsible attorney), and a $100 application fee. Applications must be mailed. • You can submit advertising material for preapproval – which takes 25 days – or concurrent approval, which allows you to submit at the same time as dissemination (and takes up to 40 days for review).
  4. 4. Submitting to State Bar of Texas Ethics Tip: Be careful discussing fees! Even if you claim to work on a contingency fee basis, you must provide additional disclosures in the advertisement. The application form specifically ASKS about this, so make sure you are in compliance from the start. Rule 7.04(h): If an advertisement in the public media by a lawyer or firm discloses the willingness or potential willingness of the lawyer or firm to render services on a contingent fee basis, the advertisement must state whether the client will be obligated to pay all or any portion of the court costs and, if a client may be liable for other expenses, this fact must be disclosed. If a specific percentage of fees or fee ranges of contingent fee work are disclosed in such advertisement, it must also disclose whether the percentage is computed before or after expenses are deducted from the recovery. Ethics Tip: If you have client reviews or testimonials in your advertisement (even just text), you must include the client’s full name, address, and phone number on the application form.
  5. 5. Submitting to State Bar of Texas Case Study Website included the language: “We’ve beaten the largest and most powerful corporations and people in America, yielding substantial verdicts and settlements and, more importantly, greater patient safety for everyone.” Initially rejected by SBOT, but after submitting two articles published in the National Law Journal verifying the claims, the firm was able to substantiate the sentence and get approval for the language. Just because your first application was rejected doesn’t mean you can’t make your case to the Advertising Review Committee.
  6. 6. Social Media Marketing: Top Channels • What channels are necessary for law firms? • What channels are good to add to that list and why? • What do you use social media advertising for? Rule 7.05 states that if a lawyer intends to contact a prospective client through these means, the communication must not involve coercion, duress, fraud, overreaching, intimidation, undue influence, or harassment; contain false or misleading information about the lawyer’s qualifications or services; or contain false, fraudulent, misleading, deceptive, or unfair statements or claims. Ethics Tip: Because social media communication very often involves the direct asking of questions and the delivery of answers, an attorney-client relationship may be inadvertently formed. Include a disclaimer.
  7. 7. Directories & Citations • What online lawyer directories are important for law firms? • What other digital citations are important and why? • How do you track NAP? Ethics Tip: As potential clients increasingly turn to online matching services, the sharing of fees with those services in exchange for origination may constitute illegal fee sharing with a non-lawyer. Ethics Opinion 573: Because Internet directories are seen by their users as electronic versions of telephone directories, users can be assumed to understand that a directory is not recommending the lawyers listed in the directory. Interpretive Comment 17 (H): A lawyer or law firm’s listing on a web-based directory that is accessible to the public is exempt from the filing requirements.
  8. 8. Email Marketing • What email marketing software do you use? • How often do you send emails out and what’s in them/who do they go to? • How do you make adjustments based on metrics? Ethics Tip: In the US, the major email law is the CAN-SPAM Act (largely unchanged in its 16 years), and it comes with fines up to $42,530 if you’re not careful. Some common requirements are to include your company’s physical address on each email and always allow for unsubscribes. Rule 7.03(a): Sending emails to recipients who have not opted in or otherwise requested such communications can constitute barratry.
  9. 9. Branding • How did you select your logo / how do you create logos for clients? • What components of a company’s branding need to remain consistent? • What branding that’s not yours have you seen and loved and why? Ethics Tip: Until now, law firms were restricted to using the names of lawyers at that firm to create the firm name, with or without a few additions like an entity designation, or words like ‘the’, ‘law’, ‘firm’ and ‘group’. Recent updates to the rules eliminate the former prohibition against practicing under a trade name. Trade Names: The 2019 proposed rule changes allow firms to use trade names and not just the names or letters of names of those in a firm.
  10. 10. Stacey Burke www.StaceyEBurke.com Stacey@StaceyEBurke.com LinkedIn.com/in/StaceyEBurke Michelle McCormick www.JaffePR.com MMcCormick@JaffePR.com LinkedIn.com/in/MSMcCormick Diane St. Yves www.styveslaw.com diane@styveslaw.com LinkedIn.com/in/Diane-St-Yves-949b6759

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