Ethics Essentials for Successful Online Legal Marketing Jay D. Butchko

Transcription

1 Ethics Essentials for Successful Online Legal Marketing Jay D. Butchko 1

2 Agenda Today s Agenda What s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories

3 What s Happening Online Today s Agenda What s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories

4 What s Happening Online Source: Infographic from GO-Globe.com

5 What s Happening Online

6 What s Happening Online Consumers looking for legal services are using search engines, websites, blogs, Facebook, lawyer directories, and other tools. 3 out of 4 consumers seeking an attorney over the past year used online resources at some point in the process. * * Based on survey respondents of Internet users (Internet users comprise 78% of the U.S. adult population**) conducted by The Research Intelligence Group, March ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22,

7 What s Happening Online Potential clients begin their legal search on the Web. ~50+ million online searches per month begin with most commonly used legal keywords: Attorney, Attorneys, Lawyer, Lawyers

8 What s Happening Online Average Daily Traffic

10 Florida Bar Advertising Rules Florida Supreme Court: Restructure of Florida Bar Advertising Rules Affirmed Effective May 1, 2013: Florida lawyers must adhere to new ethics + advertising rules Websites are treated as traditional media Advertising rules are more cohesive, easier to understand, more enforceable Focus of new rules: prevent dissemination of misleading and unduly manipulative information

11 Florida Bar Advertising Rules The New Lawyer Advertising Rules Approved Changes to Florida Bar Advertising Rules Rules to deleted Added 2 rules to 12 Begin at , End at Application of Rules: Required Content: Deceptive and Inherently Misleading Ads: Potentially Misleading Ads: Unduly Manipulative or Intrusive Ads: Presumptively Valid Content: Payment for Advertising and Promotion: Direct Contact with Prospective Clients: Evaluation of Advertisements: Exemptions From Filing and Review Requirement: Firm Names and Letterhead: Lawyer Referral Services: Lawyer Directory:

12 Florida Bar Advertising Rules New Florida Bar Advertising Rules Application of Rules All forms of print & digital communication (Billboards to Tweets) Newspapers Direct Mail Websites Magazines Video Brochures Flyers PPC/Banner Ads and Pop Ups TV Radio Social Networking: Facebook, Twitter, LinkedIn, etc. Communications to Referral Sources FOR All Florida Bar members, Out-of-State lawyers advertising in Florida Multi-jurisdictional firms with Florida practicing lawyers National firm website with no Florida lawyers must state Not a Member of Florida Bar or Admitted in X Jurisdiction Only portions of website dedicated to Florida services need to be compliant

13 Florida Bar Advertising Rules New Florida Bar Advertising Rules Required Content All Advertisements Name of a lawyer or law firm, lawyer referral service responsible for ad City/town or office of lawyer who will perform services Seminars Don t pass out brochures or any information Leave info on back table for people to pick up Send post-seminar letter only when asked; follow direct rules Referrals Disclose you will refer a case to another lawyer when applicable Languages Required information must appear in all languages Legibility Must be prominent and legible on the site or intelligible if spoken

14 Florida Bar Advertising Rules New Florida Bar Advertising Rules Required Content: Facebook, Twitter, LinkedIn Required: Name of lawyer OR law firm and office address Required: Name of lawyer OR law firm, city: ALL TWEETS ARE NOW ADS! Abbreviate: NYC; JAX = Jacksonville; Permissible Conducting seminar at Martin County Bar: New Providence Florida Bar Advisory Opinion: No listed areas of practice in Skills and Expertise unless Board Certified

15 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Deceptive and Misleading Advertisements Objectively Verifiable Standard Can statement be verified by objective facts? Best trial lawyer in Palm Beach is neither objective or verifiable Largest personal injury firm in Palm Beach County is both If you re awesome, verify first, then say it! Florida Bar: bears burden of showing ad was not objectively verifiable Good Aspiration words: Goal, strive, dedicated mission, philosophy Use modifiers e.g. Try, Pursue, Seek, May, Might, Could My goal is to achieve the best possible result I am dedicated to recovering damages on your behalf Bad I will save your home I will get you out of jail I will beat the other attorney We have successfully represented clients

16 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Deceptive and Misleading Advertisements

17 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Deceptive and Misleading Advertisements Tips to Remember When Advertising Do not list areas of practice not represented by firm Do not imply you will violate law of ethics rules In video or TV ads, add prominent disclaimer -- Dramatization. Not an Actual Event. When using actors, voice overs, or other non-employee talent, state: Actor, not Actual Also state: Not Employee or Member of the Firm Do not state Florida Bar has approved firm s ad or lawyer You must say lawyer is a member of Florida Bar and use Board Certified designation only if true Do not use judicial, executive or legislative titles for someone retired from that position

18 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Deceptive and Misleading Advertisements Testimonials Suggested Parameters Person giving testimonial is qualified as a previous client Truthful, based on actual client experience Representative of your clients in general You did not write the testimonial No payment exchanged hands No gifts were given in exchange for the testimonial Include this disclaimer -- Prospective client may not obtain same or similar results What About Google Reviews?

19 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Potentially Misleading Advertisements (Ads or statements on site that can be misinterpreted) Don t Mislead Potential Clients No reference to organization membership that is fake Martindale-Hubbell, Superlawyers, Avvo, Best Lawyers are all fine Get Board Certified first, then state your qualification Red Flags: Board Certified, Specialist and Expert Not in Florida? Use ABA accredited organization or other state bar with similar standards to Florida Be Safe: Add disclaimer, Not certified by Florida Bar Honor fees you advertise for 90 days unless YP then 1 year or term of publication Full disclosure required to client for contingency fee arrangements No Fee if No Recovery, Excludes Costs No Recovery -- No Fees or Costs

20 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Unduly Manipulate or Intrusive Advertisements Safe and Neutral Images Scales of justice, gavel Map Photo of medication that has an actual bad side effect X-ray or lung damaged by asbestos People in jail or on crutches Car accident, construction site or stack of bills in a bankruptcy matter Images Subject to Intrusion No graphic injuries No crying children being taken from mothers Authority figures (judge or police officer) No celebrities (use local voice talent who regularly records ads; no lawyer endorsement) Use caution when using images, sound or video that may be an emotional appeal

21 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Presumptively Valid Content Safe Harbor or Tombstone Content Presumed Not Misleading Telephone Number Website Address Credit Card Acceptance Office Hours Florida Bar Logo Generic Legal Images Images of the Firm

22 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Payment for Advertising or Promotion Use Common Sense When Paying for Advertising Don t pay for another firm s ads If you work jointly, list both firms on invoices and receipts Don t pay for recommendations Okay to Pay customary charges for lawyer referral services or directories Don t let nonlawyers pay for your ads

23 Florida Bar Advertising Rules New Florida Bar Advertising Rules Direct Contact With Prospective Clients Be Smart When Communicating No Written Communication with People In an accident within 30 days Already represented Who said stop ing or writing If you coerce or intimidate or do other evil things If you violate rules Person is mot in right mind or other limited clauses Your Written Communication (complies with the above) and: Mark as an advertisement Identify yourself in detail Send a contract and label as Sample or Do Not Sign First sentence says, If you have already retained a lawyer for this matter, please disregard this letter.

24 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Evaluation of Advertisements Florida Bar Still Wants to Monitor and Approve Your Ads! All ads must be filed for review ~20 days before first use Law firm websites are exempt Submit only specific web pages for review, not the entire site Submit everything else: banner ads, PPC ads You get ruling from Bar within 15 days; ask for preliminary opinion if you prefer Don t file late Don t send out a non-compliant ad Correct anything within 15 days Maintain copies for 3 years

25 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Exemption from Filing and Review Requirements Is Anything Exempt From Review? Submit All Ads/Everything to be safe (other than direct mail and direct with only safe harbor info) Public Service Announcements

26 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Firm Names and Letterhead Branding a Law Firm Is Subject to Florida Bar Rulings Don t use firm name that violates any rule Don t use deceptive trade name Don t advertise under DBA unless you are doing business as that name Indicate jurisdictional limitations if advertising multiple offices out of state Don t use public official in a firm name Don t steal someone else s business name

27 Florida Bar Advertising Rules New Florida Bar Advertising Rules: Lawyer Referral Services Lawyer Directory Too many referral rules to list! Make sure you don t break any of them! You can advertise in a legal directory Just be sure: It does not communicate with the public directly Does not share fees Lists only lawyers Responds to bar inquiries Does not imply or say they are endorsed by the Florida Bar Uses a real name States that it is a legal directory or lawyer directory

29 Social Media Channels 2013 (Registered Users) 1.15 billion billion First Blogs Launch Google Launch LinkedIn Launch Facebook Launch YouTube Launch Twitter Launch Google+ Launch 500+ M 340+ M 235+ M Source: LinkedIn, Facebook, Twitter, Google

30 Social Media Channels Social media channels can be used for varying purposes Firm Blog Position yourself as an expert, generate calls from the news media, respond to comments LinkedIn Make contact with business clients and potential clients, meet referral sources, market yourself with recommendations Facebook Be found where social media users spend the most time, collect fans and converse directly with your target audience Twitter Position self as an information source, share your own content, attract followers 30

31 Social Media Channels Chapman and Pymale Law on Facebook

32 Social Media Channels Fan Page Example Facebook for Law Firms

33 Social Media Channels Why Develop A Facebook Fan Page? Becomes extension of firm website Great marketing tool; shows the firm s personality Add calls-to-action, logos, pictures, and video Earn referrals from online relationships! Use direct and indirect messages and wall posts to increase referrals Connect with clients, colleagues and friends with frequent updates

34 Social Media Channels Build Your LinkedIn Authority With Connections

35 Social Media Channels Search LinkedIn for Lawyers in Your Region

36 Social Media Channels LinkedIn Is Valuable for Networking and Building Authority

37 Social Media Channels How Should You Engage On LinkedIn? Register and create a thoughtful, well- developed profile Start building connections Seek and give recommendations Join groups Answer questions Share educational and newsworthy content

38 Social Media Channels Joseph Gufford on Twitter

39 Social Media Channels Popes On Twitter & Social Media

40 Social Media Channels Why Should Lawyers Use Twitter? Expand your network Brevity in 140 characters: blog headline, url, comment Enhance your authority, expertise Find subject matter experts; follow your court Distribute news about your practice and firm Simulate the watercooler Monitor latest trends/buzz Share interesting news and current events

41 Social Media Channels Google+ is Critical to Local Visibility and Search Marketing Google+ is highly relevant Critical to local visibility and search marketing Claim your firm name now Use Gmail Neutral Gmail for firm use Do not align personal Gmail to firm Build authority; share legal content No solicitation; but education Search is aligned to Google+

42 Social Media Channels Secure Your Google+ Brand With A Business Page

43 LinkedIn for Law Firms Your professional profile Insert screenshot

44 Social Media Channels What about online videos? Apply the ethics rules you know. 1. Do not ask for business 2. No legal counsel 3. Educate 4. Be an authority Comments on Lawyer s YouTube Channel

45 Social Media Channels Many states have board certification rules. Check your state bar and don t call yourself an expert. Answers section allows your answers to be rated by clients. LinkedIn designates users as experts if they accrue a certain number of best answers. Positioning your firm as an expert can pose problems. 45

46 Social Media Channels Keep your business and personal life separate. Include any required advertising acknowledgment, disclaimers, disclosures and other information on your business page. 46

47 Social Media Channels Use HootSuite Streamline Twitter accounts Third-party application Allows topic search Reports, analytics Listen, track, monitor Engage with community

48 Social Media Channels Find Apps and Tools to Streamline Engagement

49 Social Media Channels Secure Your Brand on All Social Channels

50 Social Media Channels What if My Clients Don t Use Social Networking? They do (a billion+ people use Facebook) Their influencers do The media do Search engines do Social Media Is The New SEO!

51 Social Media Channels What if... I don t have time for this? Business development has changed Definition of practice development is changing Best non-billable hour you can spend More comfort with more engagement Relationships built on authority, being accessible

52 Social Media Channels Key Takeaways Leverage Social Media to demonstrate personality and expertise Write about what interests you: news, your practice, national cases, business opinions Get ideas: or See what people are searching for Commit to frequent updates and maintaining conversations; keep your audience interested and engaged!

53 Today s Agenda What s Happening Online The New Florida Bar Advertising Rules Social Media: Communicating With Prospects Online Blogging: Best Practices and Pitfalls Showcasing Achievements: Promoting Ratings and Rankings Customer Validation: Using Testimonials and Case Histories

54 Blogging Companies that blog have 55% more website visitors and generate 88% more leads. * * Source: Hubspot,

55 Blogging Use social media effectively to engage more prospects and drive more business. 1 in 2 respondents from small law firms (9 or fewer attorneys) who are blogging reported retaining clients directly or via referral as a result of their legal-topic blog. * * Source: The American Bar Association s 2013 Legal Technology Survey Report. 55

56 Blogging If you hire PR agencies or others to produce content, you are still responsible. Considerations for blogging: DO use a trusted vendor for search engine optimization and blogging DO make the lawyer s identity known DO be the face of your content review content carefully, approve it discerningly DO use caution in comments; DON T engage in legal counsel DO post attorney advertising disclosures on blogs, especially if your blog is accessible off your website DO be careful when blogging about your cases; your state bar may cite you for inappropriate advertising DO Select content that educates readers; link to your state bar blog topics; be general. 56

57 Blogging Use Blogs to Establish Authority

58 Blogging

60 Ratings and Rankings Selecting a Lawyer Is a Major Decision Nearly 6 in 10 consumers seeking an attorney in the past year checked ratings and online reviews; of those, 65% state ratings and reviews were influential in their decision process. 1 77% of in-house counsel use a legal directory or online lawyer profile to validate the credentials of a referral. 2 1 Based on a survey of 4,000 adult Internet users (Internet users comprise 78% of the U.S. adult population**) conducted by The Research Intelligence Group (TRiG), March ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22, Source: BTI Consulting Group, How Client Hire: The Role of Legal Directories and Online Lawyer Profiles, October 21, 2013

61 Ratings and Rankings By some estimates, there are more than 700 lawyer ratings programs! 61

62 Ratings and Rankings Best Practices DO Promote ratings in firm s newsletter or other respected channels, rather than placing advertisements. Promote ratings with clear methodology (no pay for play association). Not all ratings created equal; some more respected. Check Your State: Florida: Be careful in promoting past results. Displaying Martindale-Hubbell ratings is permissible.. 62

63 Ratings and Rankings Incorporate ratings and rankings into your online presence on your website, Facebook page, Twitter profile, LinkedIn, and others. 63

65 Customer Validation Monitor online reviews and testimonials on such sites as Yelp, Facebook, LinkedIn, and more.

66 Customer Validation Recommendations from personal acquaintances and opinions posted by consumers online are the most trusted forms of advertising.* 70% of consumers surveyed trusted consumer opinions posted online * Consumers seek the opinion of peers or experts before making a purchase decision Entertainment: Yelp, Zagat Products: CNET Retail: Amazon, Epinions Travel: TripAdvisor, Fodor s * Source: 2009 Nielsen Global Online Consumer Survey, which gauged opinions from more than 25,000 Internet consumers from 50 countries 66 October 21, 2013

67 Customer Validation Share client feedback on neutral third-party sites like Lawyers.com SM. 67

68 Client Testimonials Ask website visitors to opt in to view client testimonials or feedback on your website to ensure this content is requested information. 68

69 Client Testimonials 69

70 Questions & Answers Questions & Answers For a free evaluation of your firm s online marketing efforts, please contact: LexisNexis Law Firm Marketing Specialist Rochelle Hyman rochelle.hyman@lexisnexis.com 70

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