Legal Marketing Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning Chapter 8 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

2 Legal Marketing Legal marketing - the process of educating consumers on a firm’s legal and business activities it uses to deliver quality and ethical legal services. Landmark Supreme Court case of Bates v. State Bar of Arizona, 433 U.S. 350 (1977)

3 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Goals of Marketing Educating clients and potential clients regarding the firm’s array of services. Educating clients and potential clients as to the particular expertise of the firm in certain areas. Creating goodwill and interest in the firm. Creating positive name recognition for the firm. Creating an image of honesty, ethics, and sincere interest in clients. Publicizing the firm’s accomplishments to the profession and community. Educating clients on changes in the law, thus creating client confidence in the firm.

4 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Goals of Marketing Improving the firm’s competitive position in the marketplace. Obtaining referrals from other attorneys. Maintaining communication with existing clients. Obtaining repeat business from existing clients. Increasing client loyalty and client retention. Increasing staff morale and reinforcing your firm’s self-image.

5 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Law Firms Employing Marketing Staff DescriptionPercent Professional Marketing Staff50% Client Services Staff24% Professional Sales Staff6% Business Development Coach6% Does your firm currently employ individuals in the following in-house role? Source: American Bar Association. (2005, March). Solo and small firm marketing pulse Law Practice, 44.

6 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Law Firms Using Legal Marketing Consultants Do you currently have an ongoing relationship with any of the following? Source: American Bar Association. (2005, March). Solo and small firm marketing pulse Law Practice, 44. DescriptionPercent Legal Marketing/Business Development70% Legal Management Consultant Who Advises on Marketing 35% Advertising Agency44% Public Relations Counsel62% Personal Coach43%

7 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Legal Marketing Budgets No. of LawyersMarketing Dollars Spent per Lawyer Annually Percent of Firm Revenue Under 9$6,2602.0% 9-20$5,8661.8% 21-40$6,2001.9% 41-75$6,3361.8% $6,6821.7% 151+ lawyers$6,6351.5% Source: American Bar Association. (2005, March). Solo and small firm marketing hurdle. Law Practice, p. 33, citing 2004 Altman Weil Survey of Law Firm Economics.

8 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan ] 1. 1.Develop a Strategic Business Plan for the Firm. What market will we compete in? Who are our competitors? What are the needs of the clients? What direction is our firm headed in? 2. 2.Who is Our Target Market and What are the Goals of the Marketing Program? Define our clients by geographical area, gender, age, education, occupation, financial status, and marital status. Where can our clients be found? How can we best make them aware of the firm’s services? What are we trying to accomplish through our marketing plan?

9 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 2. (continued) Types of Client Markets: Government - federal, state, local Business Organizations - publicly owned, privately owned, non- profit institutions, small businesses, large businesses Labor Organizations Individuals - middle class, wealthy, disadvantaged

10 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 2. (Continued) Legal Specialty Markets Administrative Law Criminal Law Admiralty Law Employee Benefit Law Antitrust Law Entertainment Law Banking Law Environmental Law Bankruptcy Law Estates, Trusts, and Probate Civil Rights Law Family Law Collections Law Immigration Law Contract Law Insurance Law Corporate Law International Law Labor Law Social Security Law Landlord and Tenant Law Tax Law Litigation Tort Law Military Law Water Law Municipal Finance Law Workers’ Compensation Law Oil and Gas Law Real Estate Law

11 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 3. Research the Market. What do our target clients want? What do our target clients need? What services should we provide to our target clients? Researching the Market: Study our own marketing successes/failures. Study the marketing efforts of competitors. Survey the target group (talk to them, ask what they want). Use in-house surveys to survey clients. Talk to consultants.

12 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 4. 4.Examine Problems. Anticipate what problems will be encountered, and create possible solutions Develop Specific Strategies and an Action Plan For Meeting the Goals. Set specific strategies for achieving the goals, including marketing techniques that will be used to convey the message, pricing strategies, and so forth. 6. Develop a Marketing Budget and Analyze Resources.

13 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Internet site newsletter Online yellow pages Keyword-searching advertising on search engine sites Firm brochures and resume Hard-copy newsletter Promotional materials (folders, pencils, and more, with law office logo) Business cards/letterhead/announcement cards Subject area information brochures (e.g., tax, auto accidents, etc.)

14 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Public Relations – Belonging to boards, associations, and community groups – Speaking at public functions – Writing articles on legal subjects for the local newspaper – Issuing press releases – Handling publicized pro bono cases – Volunteering in “law day” activities – Volunteering staff time to help with fundraisers for community groups Running for Public Office

15 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Firm Open House Public Advertising – Yellow pages ads – Newspaper ads – Newspaper inserts – Television ads – Radio ads Client Seminars

16 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Direct Mail (not allowable in some states) Mining Other Legal Professionals – Obtaining referrals – Joining legal associations – Networking with other legal professionals Mining Friends, Associates, and Social Contacts Regarding the Legal Services Offered – Making a call or contact list, including a mailing list – Contacting them monthly or quarterly – Breakfast, lunch, or dinner engagements regarding their needs and your services

17 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Mining Existing Clients – Contacting current and past clients monthly – Cross-selling – Breakfast, lunch, or dinner engagements regarding their needs and your services – Personal notes of congratulations or accomplishments – Holiday cards – Thank-you notes for referrals – Reading trade journals regarding a client’s business

18 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Rainmakers “Rainmaking” refers to the ability to bring in new clients to a law office. What makes a good rainmaker is helping clients achieve their business goals and dreams.

19 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No False or Misleading Statements in Advertising - ABA Model Rule 7.1 Rule 7.1 Communications Concerning a Lawyer’s Services A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

20 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Advertising – Model Rule 7.2 Rule 7.2 Advertising (a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded, or electronic communication, including public media. (b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

21 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Advertising – Model Rule 7.2 Rule 7.2 Advertising (continued) ( 3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. (c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.

22 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (a) A lawyer shall not by in-person, live telephone, or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer.

23 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (continued) (b) A lawyer shall not solicit professional employment from a prospective client by written, recorded, or electronic communication or by in-person, telephone, or real-time electronic contact even when not otherwise prohibited by paragraph (a), if: (1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress, or harassment. (c) Every written, recorded, or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

24 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (continued) (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

25 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Lawyers as “Specialists” Rule 7.4 Communication of Fields of Practice and Specialization (a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. (b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patent Attorney” or a substantially similar designation. (c) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty,” or a substantially similar designation. (d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication.