Law Firm Marketing Ethics and Rules

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

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

Ethics and Advertising

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

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

• 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.

• 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.

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

Marketing

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

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

Business Development

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

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.

Law Firm Customers: Clients
Boost client satisfaction + maintain
compliance with ABA Rule 1.4:

Public Relations

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

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

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

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

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

Law Firm Marketing Ethics and Rules

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Law Firm Marketing Ethics and Rules