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Kentucky Women Trial Lawyers Marketing Presentation

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Personal injury trial lawyer and law firm consultant Stacey Burke shares insights on maintaining compliance with Kentucky attorney advertising rules when marketing your legal services.

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Kentucky Women Trial Lawyers Marketing Presentation

  1. 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. 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. 3. Ethics and Advertising www.staceyeburke.com
  4. 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. 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. 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. 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. 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. 9. Marketing www.staceyeburke.com
  10. 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. 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. 12. Business Development www.staceyeburke.com
  13. 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. 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. 15. Law Firm Customers: Clients Boost client satisfaction + maintain compliance with ABA Rule 1.4: www.staceyeburke.com
  16. 16. Public Relations www.staceyeburke.com
  17. 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. 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. 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. 20. www.staceyeburke.com Facebook.com/MarketingLawyer s @StaceyEBurke www.SlideShare.net/StaceyBurke http://bit.ly/SEBPCnews Text NEWSLETTER to 38470