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?
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