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

Legal Marketing

Practical Law Office Management, 3rd Edition, Thomson Delmar Learning

Chapter 8

©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

2 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

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)


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.


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.


Law Firms Employing Marketing Staff

Description Percent

Professional Marketing Staff 50%

Client Services Staff 24%

Professional Sales Staff 6%

Business Development Coach 6%

Does your firm currently employ individuals in the following in-house role?

Source: American Bar Association. (2005, March). Solo and small firm marketing pulse 2005. Law Practice, 44.


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 2005. Law Practice, 44.

Description Percent

Legal Marketing/Business Development 70%

Legal Management Consultant Who Advises on Marketing

35%

Advertising Agency 44%

Public Relations Counsel 62%

Personal Coach 43%


Legal Marketing Budgets

No. of Lawyers Marketing DollarsSpent per Lawyer Annually

Percent of FirmRevenue

Under 9 $6,260 2.0%

9-20 $5,866 1.8%

21-40 $6,200 1.9%

41-75 $6,336 1.8%

76-150 $6,682 1.7%

151+ lawyers $6,635 1.5%

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.


Marketing Plan]

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. 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?


Marketing Plan2. (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


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


Marketing Plan3. 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.


Marketing Plan

4. Examine Problems. Anticipate what problems will be encountered, and create possible solutions.

5. 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.


Marketing Options/Strategies

• Internet site• E-mail 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.)



• 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



• Firm Open House• Public Advertising

– Yellow pages ads– Newspaper ads– Newspaper inserts– Television ads– Radio ads

• Client Seminars



• 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



• 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


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.


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.


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;


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.


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.



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).



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.


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.

Documents

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