Ethics Essentials for Successful Online Legal Marketing ... · The New Lawyer Advertising Rules...
Transcript of Ethics Essentials for Successful Online Legal Marketing ... · The New Lawyer Advertising Rules...
Ethics Essentials for Successful Online Legal Marketing Jay D. Butchko
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Agenda
Today’s Agenda
What’s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
What’s Happening Online
Today’s Agenda
What’s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
What’s Happening Online
Source: Infographic from GO-Globe.com
Ethics Essentials for Online Legal Marketing
Ethics Essentials for Online Legal Marketing
What’s Happening Online
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* Based on survey respondents of Internet users (Internet users comprise 78% of the U.S. adult population**) conducted by The Research Intelligence Group, March 2012. ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22, 2011.
3 out of 4 consumers seeking an attorney over the past year used online resources at some point in the process.*
Consumers looking for legal services are using search engines, websites, blogs, Facebook®, lawyer directories, and other tools.
What’s Happening Online
Ethics Essentials for Online Legal Marketing
What’s Happening Online
~50+ million
online searches per month begin with most
commonly used legal keywords: Attorney, Attorneys, Lawyer, Lawyers
Potential clients begin their legal search on the Web.
Ethics Essentials for Online Legal Marketing
Average Daily Traffic
What’s Happening Online
Ethics Essentials for Online Legal Marketing
Agenda
Today’s Agenda
What’s Happening Online
The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
Florida Supreme Court: Restructure of Florida Bar Advertising Rules Affirmed
Effective May 1, 2013:
Florida lawyers must adhere to new ethics + advertising rules • Websites are treated as traditional media • Advertising rules are more cohesive, easier to understand, more enforceable • Focus of new rules: prevent dissemination of “misleading and unduly manipulative information”
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
The New Lawyer Advertising Rules
Florida Bar Advertising Rules
Approved Changes to Florida Bar Advertising Rules
Rules 4-7.1 to 4.7.10 deleted Added 2 rules to 12 Begin at 4-7.11, End at 4-7.23
• Application of Rules: 4-7.11 • Required Content: 4-7.12 • Deceptive and Inherently Misleading Ads: 4-7.13 • Potentially Misleading Ads: 4-7.14 • Unduly Manipulative or Intrusive Ads: 4-7.15 • Presumptively Valid Content: 4-7.16 • Payment for Advertising and Promotion: 4-7.17 • Direct Contact with Prospective Clients: 4-7.18 • Evaluation of Advertisements: 4-7.19 • Exemptions From Filing and Review Requirement: 4-7.20 • Firm Names and Letterhead: 4-7.21 • Lawyer Referral Services: 4-7.22 • Lawyer Directory: 4-7.23
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules 4-7.11 – Application of Rules
All forms of print & digital communication (Billboards to Tweets) Newspapers Direct Mail Websites Magazines Email Video Brochures Flyers PPC/Banner Ads and Pop Ups TV Radio Social Networking: Facebook, Twitter, LinkedIn, etc. Communications to Referral Sources
FOR All Florida Bar members, Out-of-State lawyers advertising in Florida • Multi-jurisdictional firms with Florida practicing lawyers • National firm website with no Florida lawyers must state “Not a Member of
Florida Bar” or “Admitted in X Jurisdiction” • Only portions of website dedicated to Florida services need to be compliant
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
All Advertisements • Name of a lawyer or law firm,
lawyer referral service responsible for ad
• City/town or office of lawyer who will perform services
Seminars • Don’t pass out brochures or any
information
• Leave info on back table for people to pick up
• Send post-seminar letter only when asked; follow direct email rules
Referrals
• Disclose you will refer a case to another lawyer when applicable
Languages
• Required information must appear in all languages
Legibility
• Must be prominent and legible on the site or intelligible if spoken
New Florida Bar Advertising Rules 4-7.12 – Required Content
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules 4-7.12 – Required Content: Facebook, Twitter, LinkedIn
Required: Name of lawyer OR law firm, city: ALL TWEETS ARE NOW ADS! Abbreviate: NYC; JAX = Jacksonville; Permissible Tweet: @JayLexisNexis Conducting seminar at Martin County Bar: New Providence
Florida Bar 09-11-13 Advisory Opinion: No listed areas of practice in “Skills and Expertise” unless Board Certified
Ethics Essentials for Online Legal Marketing
Required: Name of lawyer OR law firm and office address
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.13 – Deceptive and Misleading Advertisements
Ethics Essentials for Online Legal Marketing
Objectively Verifiable Standard • Can statement be verified by objective
facts? • “Best trial lawyer in Palm Beach” is
neither objective or verifiable • “Largest personal injury firm in Palm
Beach County” is both • If you’re awesome, verify first, then say
it! • Florida Bar: bears burden of showing
ad was not objectively verifiable
Good • Aspiration words: Goal, strive,
dedicated mission, philosophy • Use modifiers e.g. Try, Pursue, Seek,
May, Might, Could • My goal is to achieve the best possible
result • I am dedicated to recovering damages
on your behalf
Bad • I will save your home • I will get you out of jail • I will beat the other attorney • We have successfully represented
clients
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.13 – Deceptive and Misleading Advertisements
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.13 – Deceptive and Misleading Advertisements
Tips to Remember When Advertising • Do not list areas of practice not represented by firm • Do not imply you will violate law of ethics rules • In video or TV ads, add prominent disclaimer -- “Dramatization. Not an Actual Event.” • When using actors, voice overs, or other non-employee talent, state: “Actor, not
Actual” • Also state: “Not Employee or Member of the Firm” • Do not state Florida Bar has approved firm’s ad or lawyer • You must say lawyer is a member of Florida Bar and use Board Certified designation
only if true • Do not use judicial, executive or legislative titles for someone retired from that
position
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.13 – Deceptive and Misleading Advertisements
Testimonials – Suggested Parameters
• Person giving testimonial is qualified as a previous client • Truthful, based on actual client experience • Representative of your clients in general • You did not write the testimonial • No payment exchanged hands • No gifts were given in exchange for the testimonial • Include this disclaimer -- “Prospective client may not obtain same or similar
results”
What About Google Reviews?
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.14 – Potentially Misleading Advertisements (Ads or statements on site that can be misinterpreted)
Don’t Mislead Potential Clients
• No reference to organization membership that is fake Martindale-Hubbell, Superlawyers, Avvo, Best Lawyers are all fine
• Get Board Certified first, then state your qualification
• Red Flags: Board Certified, Specialist and Expert • Not in Florida? Use ABA accredited organization or other state bar with similar
standards to Florida • Be Safe: Add disclaimer, “Not certified by Florida Bar”
• Honor fees you advertise for 90 days unless YP then 1 year or term of publication • Full disclosure required to client for contingency fee arrangements
• No Fee if No Recovery, Excludes Costs • No Recovery -- No Fees or Costs
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.15 – Unduly Manipulate or Intrusive Advertisements
Ethics Essentials for Online Legal Marketing
Safe and Neutral Images • Scales of justice, gavel • Map • Photo of medication that has an
actual bad side effect • X-ray or lung damaged by
asbestos • People in jail or on crutches • Car accident, construction site
or stack of bills in a bankruptcy matter
Images Subject to Intrusion • No graphic injuries • No crying children being taken
from mothers • Authority figures (judge or police
officer) • No celebrities (use local voice
talent who regularly records ads; no lawyer endorsement)
Use caution when using images, sound or video that may be an emotional appeal
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.16 – Presumptively Valid Content
Safe Harbor or Tombstone Content Presumed Not Misleading
• Telephone Number • Website Address • Credit Card Acceptance • Office Hours • Florida Bar Logo • Generic Legal Images • Images of the Firm
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.17 – Payment for Advertising or Promotion
Use Common Sense When Paying for Advertising
• Don’t pay for another firm’s ads • If you work jointly, list both firms on invoices and receipts • Don’t pay for recommendations • Okay to Pay customary charges for lawyer referral services or
directories • Don’t let nonlawyers pay for your ads
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules 4-7.18 – Direct Contact With Prospective Clients
Ethics Essentials for Online Legal Marketing
No Written Communication with People
• In an accident within 30 days
• Already represented
• Who said “stop emailing or writing”
• If you coerce or intimidate or do other evil things
• If you violate rules
• Person is mot in right mind or other limited clauses
Your Written Communication (complies with the above) and:
• Mark as an advertisement
• Identify yourself in detail
• Send a contract and label as Sample or Do Not Sign
• First sentence says, “If you have already retained a lawyer for this matter, please disregard this letter.”
Be Smart When Communicating
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.19 – Evaluation of Advertisements
Florida Bar Still Wants to Monitor and Approve Your Ads!
• All ads must be filed for review ~20 days before first use
• Law firm websites are exempt • Submit only specific web pages for review, not the entire site • Submit everything else: banner ads, PPC ads • You get ruling from Bar within 15 days; ask for preliminary opinion if you prefer
• Don’t file late • Don’t send out a non-compliant ad • Correct anything within 15 days • Maintain copies for 3 years
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.20 – Exemption from Filing and Review Requirements
Is Anything Exempt From Review?
• Submit All Ads/Everything to be safe (other than direct mail and
direct email with only safe harbor info)
• Public Service Announcements
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.21 – Firm Names and Letterhead
Branding a Law Firm Is Subject to Florida Bar Rulings
• Don’t use firm name that violates any rule • Don’t use deceptive trade name • Don’t advertise under DBA unless you are doing business as that name • Indicate jurisdictional limitations if advertising multiple offices out of state • Don’t use public official in a firm name • Don’t steal someone else’s business name
Ethics Essentials for Online Legal Marketing
Florida Bar Advertising Rules
New Florida Bar Advertising Rules: 4-7.22 – Lawyer Referral Services 4-7.23 – Lawyer Directory
• You can advertise in a legal directory • Just be sure:
It does not communicate with the public directly Does not share fees Lists only lawyers Responds to bar inquiries Does not imply or say they are endorsed by the Florida Bar Uses a real name States that it is a legal directory or lawyer directory
Too many referral rules to list! Make sure you don’t break any of them!
Ethics Essentials for Online Legal Marketing
Agenda
Today’s Agenda What’s Happening Online The New Florida Bar Advertising Rules
Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
Source: LinkedIn, Facebook, Twitter, Google
LinkedIn Launch
Facebook Launch
Twitter Launch
1994 2000 2010 2003 2004 2006
2013 (Registered Users)
340+ M
500+ M
1.15 billion
First Blogs Launch
1998
Google Launch
2011
Google+ Launch
2005
YouTube Launch
235+ M
1 billion
Social Media Channels
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Make contact with business clients and potential clients, meet referral sources, market yourself with recommendations
Social media channels can be used for varying purposes
Firm Blog
Position yourself as an expert, generate calls from the news media, respond to comments
Be found where social media users spend the most time, collect fans and converse directly with your target audience
Position self as an information source, share your own content, attract followers
Social Media Channels
Ethics Essentials for Online Legal Marketing
Social Media Channels
Chapman and Pymale Law on Facebook
Facebook for Law Firms
• Fan Page Example
Ethics Essentials for Online Legal Marketing
Social Media Channels
Why Develop A Facebook Fan Page?
• Becomes extension of firm website
• Great marketing tool; shows the firm’s personality
• Add calls-to-action, logos, pictures, and video
• Earn referrals from online relationships!
• Use direct and indirect messages and wall posts to increase referrals
• Connect with clients, colleagues and friends with frequent updates
Ethics Essentials for Online Legal Marketing
Social Media Channels
Social Media Channels
Ethics Essentials for Online Legal Marketing
Build Your LinkedIn Authority With Connections
Search LinkedIn for Lawyers in Your Region
Social Media Channels
Ethics Essentials for Online Legal Marketing
LinkedIn Is Valuable for Networking and Building Authority
Social Media Channels
Ethics Essentials for Online Legal Marketing
How Should You Engage On LinkedIn?
• Register and create a thoughtful, well- developed profile
• Start building connections
• Seek and give recommendations
• Join groups
• Answer questions
• Share educational and newsworthy content
Ethics Essentials for Online Legal Marketing
Social Media Channels
Ethics Essentials for Online Legal Marketing
Social Media Channels
Joseph Gufford on Twitter
Social Media Channels
Ethics Essentials for Online Legal Marketing
Popes On Twitter & Social Media
Why Should Lawyers Use Twitter?
• Expand your network
• Brevity in 140 characters: blog headline, url, comment
• Enhance your authority, expertise
• Find subject matter experts; follow your court
• Distribute news about your practice and firm
• Simulate the watercooler
• Monitor latest trends/buzz
• Share interesting news and current events
Ethics Essentials for Online Legal Marketing
Social Media Channels
• Google+ is highly relevant • Critical to local visibility and search
marketing • Claim your firm name now
• Use Gmail • Neutral Gmail for firm use • Do not align personal Gmail to firm
• Build authority; share legal content • No solicitation; but education • Search is aligned to Google+
Google+ is Critical to Local Visibility and Search Marketing
Ethics Essentials for Online Legal Marketing
Social Media Channels
Social Media Channels
Ethics Essentials for Online Legal Marketing
Secure Your Google+ Brand With A Business Page
LinkedIn for Law Firms • Your professional profile
• Insert screenshot
Ethics Essentials for Online Legal Marketing
What about online videos? Apply the ethics rules you know.
Social Media Channels
1. Do not ask for business 2. No legal counsel 3. Educate 4. Be an authority
Ethics Essentials for Online Legal Marketing
Comments on Lawyer’s YouTube Channel
Answers section allows your answers to be rated by clients. LinkedIn designates users as “experts” if they accrue a certain number of best answers. Positioning your firm as an “expert” can pose problems.
Many states have board certification rules. Check your state bar and don’t call yourself an expert.
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Social Media Channels
Keep your business and personal life separate.
Include any required advertising acknowledgment, disclaimers, disclosures and other information on your business page.
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Social Media Channels
Use HootSuite
Streamline Twitter accounts
Third-party application Allows topic search Reports, analytics Listen, track, monitor Engage with
community
Social Media Channels
Ethics Essentials for Online Legal Marketing
Social Media Channels
Ethics Essentials for Online Legal Marketing
Find Apps and Tools to Streamline Engagement
Ethics Essentials for Online Legal Marketing
Social Media Channels
Secure Your Brand on All Social Channels
• They do (a billion+ people use Facebook)
• Their influencers do
• The media do
• Search engines do
What if… “My Clients Don’t Use Social Networking?”
Ethics Essentials for Online Legal Marketing
Social Media Channels
Social Media Is The New SEO!
What if... “I don’t have time for this?”
• Business development has changed
• Definition of practice development is changing
• Best non-billable hour you can spend
• More comfort with more engagement
• Relationships built on authority, being accessible
Ethics Essentials for Online Legal Marketing
Social Media Channels
Key Takeaways
• Leverage Social Media to demonstrate personality and expertise
• Write about what interests you: news, your practice, national cases, business opinions
• Get ideas: www.google.com/insights/search or www.google.com/trends. See what people are searching for
• Commit to frequent updates and maintaining conversations; keep your audience interested and engaged!
Ethics Essentials for Online Legal Marketing
Social Media Channels
Today’s Agenda
What’s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online
Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
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* Source: Hubspot, 2010
Companies that blog have 55% more website visitors and generate 88% more leads.*
Ethics Essentials for Online Legal Marketing
Blogging
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Use social media effectively to engage more prospects and drive more business.
* Source: The American Bar Association’s 2013 Legal Technology Survey Report.
1 in 2 respondents from small law firms (9 or fewer attorneys) who are blogging
reported retaining clients directly or via referral as a result of their legal-topic blog.*
Blogging
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Blogging
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If you hire PR agencies or others to produce content, you are still responsible.
• DO use a trusted vendor for search engine optimization and blogging
• DO make the lawyer’s identity known
• DO be the face of your content– review content carefully, approve it discerningly
• DO use caution in comments; DON’T engage in legal counsel
Considerations for blogging: • DO post attorney advertising disclosures on blogs,
especially if your blog is accessible off your website
• DO be careful when blogging about your cases; your state bar may cite you for inappropriate advertising
• DO Select content that educates readers; link to your state bar blog topics; be general.
Ethics Essentials for Online Legal Marketing
Blogging
Ethics Essentials for Online Legal Marketing
Use Blogs to Establish Authority
Blogging
Ethics Essentials for Online Legal Marketing
Today’s Agenda What’s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls
Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
Ratings and Rankings
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Nearly 6 in 10 consumers seeking an attorney in the past year checked ratings and online reviews; of those, 65% state ratings and reviews were influential in
their decision process.1
Selecting a Lawyer Is a Major Decision
1 Based on a survey of 4,000 adult Internet users (Internet users comprise 78% of the U.S. adult population**) conducted by The Research Intelligence Group (TRiG), March 2012. ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22, 2011. 2 Source: BTI Consulting Group, How Client Hire: The Role of Legal Directories and Online Lawyer Profiles, 2011
77% of in-house counsel use a legal directory or online lawyer profile to validate the credentials of a referral.2
October 21, 2013 Ethics Essentials for Online Legal Marketing
Ratings and Rankings
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By some estimates, there are more than 700 lawyer ratings programs!
Ethics Essentials for Online Legal Marketing
Ratings and Rankings Best Practices
DO • Promote ratings in firm’s newsletter or other respected channels,
rather than placing advertisements. • Promote ratings with clear methodology (no “pay for play”
association). Not all ratings created equal; some more respected. Check Your State: • Florida: Be careful in promoting past results.
• Displaying Martindale-Hubbell® ratings is permissible..
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Ratings and Rankings
Incorporate ratings and rankings into your online presence – on your website, Facebook page, Twitter profile, LinkedIn, and others.
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Today’s Agenda
What’s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings
Customer Validation: Using Testimonials and Case Histories
Ethics Essentials for Online Legal Marketing
Customer Validation
Monitor online reviews and testimonials on such sites as Yelp, Facebook, LinkedIn, and more.
Ethics Essentials for Online Legal Marketing
Customer Validation
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Recommendations from personal acquaintances and opinions posted by consumers online are the most trusted forms of advertising.*
Consumers seek the opinion of peers or experts before making a purchase decision • Entertainment: Yelp, Zagat • Products: CNET • Retail: Amazon, Epinions • Travel: TripAdvisor, Fodor’s
* Source: 2009 Nielsen Global Online Consumer Survey, which gauged opinions from more than 25,000 Internet consumers from 50 countries
70% of consumers surveyed trusted
consumer opinions posted online*
October 21, 2013 Ethics Essentials for Online Legal Marketing
Share client feedback on neutral third-party sites like Lawyers.comSM.
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Customer Validation
Ethics Essentials for Online Legal Marketing
Client Testimonials
Ask website visitors to “opt in” to view client testimonials or feedback on your website to ensure this content is requested information.
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Client Testimonials
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Questions & Answers
For a free evaluation of your firm’s online marketing efforts, please contact: LexisNexis Law Firm Marketing Specialist Rochelle Hyman • [email protected]
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Questions & Answers
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