Marketing in a New Age: Tips, Tricks, and Pitfalls A PRIL 9, 2 012

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1 Marketing in a New Age: Tips, Tricks, and Pitfalls OWEN M. PANNER INN OF COURT A PRIL 9,

2 Marketing in the New Millennium

3 R-Evolution = Change it s happening faster than ever before. Marketing Success= Adapting to your current market & clients needs/expectations (ROI)

4

5 Saul says Sue m

6

7 Did You Know? Years It Took To Reach A Market Audience of 50 Million: Radio: 38 Years TV: 13 Years Internet: 4 Years IPOD: 3 Years Facebook: 2 Years

8

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10 The Generation that s Changing Everything

11 Generation Y & Millennials Largest generation in history Million ages billion++ in buying power and growing exponentially each year as baby boomers reach retirement The future spenders Most diverse ethnic generation in the history Pragmatic Idealism trend setters most educated, hyper engaged & the most optimistic generation on record Greatest access to information & knowledge than any other generation in history, individualistic, critical thinkers, researchers Voracious users of new technology lead the way new technology and connecting with others online Power of choice new ideas innovators you have to innovate to be recognized Identify with the interaction of technology as their primary way of interacting with people

12 Building an Effective Online Marketing Strategy

13 Priorities of Small Business Marketing 93%... Agree Quality Websites most important marketing tool for a small business 63%... FaceBook Marketing 48%... Online Marketing 33%... Blogs 31%... Twitter 29%... Linked In 24%... Online Surveys - Customer Recommendations

14 Understanding How People Search Google Algorithm- 20M computations for each search result Over 500 unannounced changes each year to Google s algorhithm 65% of people begin their search for a lawyer on the Internet1 Attorney referrals come in multiples people research before they call People start by looking for information about a legal problem Once customers start looking for an attorney they look at 4-5 before choosing. What will they find? The Internet is now the single biggest source for legal information Source: 1NYS Bar Assoc. Journal 2009, 2Cone, Business & Social Media Study, September 2008

15 Social Networking Sites 100 million members 483K attorneys with accounts 2 billion people searches in million+ companies with LinkedIn company pages Groups, networking, recommendations

16 ABA Journal 6th Annual Top 100 Blawg

17 Online Directories- 4-6 Million visitors each month.40%+ Traffic Increase in 2012

18 Resourcefulness is Key- Top Grading by Bradford Smart

19 DAVID BEAN: TIPS FOR STAYING OUT OF TROUBLE Discipline unlikely Quickly change website if attorney departs RPC 7.5(d) No thank you gifts allowed...or are they? RPC 7.2(a) AVVO and LinkedIn concerns No tit for tat groups; e.g., Le Tip No back-scratching agreements Don t answer questions on the internet, unless of a general nature 19

20 Tips for Staying Out of Trouble Unless Washington barred, don t call yourself a specialist Use a disclaimer if you allow the public to directly you through your website Questions? Comments? 20

21 MATT LYON: ETHICAL ISSUES WITH ONLINE LAWYER REFERRALS Lawyer wants to engage in a Nationwide internet-based lawyer referral service which charges the lawyer fees for the service. The referral service does not charge the consumers and the referral service will not be involved in the lawyerclient relationship. Can the Lawyer participate in the referral service? Can the Lawyer ethically pay a fee for the referral service? Can the Lawyer ethically pay a fee based on the Lawyer being retained by the client? 21

22 Permitted Communication Rule 7.1(a) Lawyers are permitted to communicate information about the lawyer s services as long as: Does not misrepresent a material fact and Is not otherwise misleading. Up to the lawyer to to ensure the referral service does not involve false or misleading communications. Geographic scope Specialties 22

23 Payment for a Referral Service RPC 7.1(d) allows a lawyer to pay for other for disseminating information about the lawyer or lawyers firm subject to the limitations of RPC 7.2. Under RPC 7.2, a lawyer may pay the cost of advertising but may not compensate or give anything of value to a person or organization to promote, recommend, or secure employment by a client or as a reward for a recommendation resulting in employment by a client. 23

24 Fees Based on Client Retaining Lawyer NO RPC 5.4(a): Lawyers are prohibited in sharing legal fees with a non-lawyer except specific circumstances Rule prohibits lawyer from giving non-lawyer part of legal fee for services related to obtaining legal work. In re Griffith, 304 Or 575, 611 (1987). Can pay based on number of clicks or hits on Lawyers so long as not based on actual referrals or clients. 24

25 BRAD DANIELS: MARKETING FOR YOUNG LAWYERS IN BIGGER FIRMS Do I Have To? Yes! Start Early, Start Internal Market the Firm Every Case Is a Marketing Opportunity No Case Is Too Small (Most of the Time) Go to Those Dinners and Events Stay Within Yourself Take the Long View 25

26 JOSEPH HADDAD: EFFECTIVE MARKETING FOR SOLOS AND SMALL FIRMS 26

27 EFFECTIVE MARKETING FOR SOLOS AND SMALL FIRMS Lawyer to Lawyer: The Announcements- Let em know you re in business. Asking the Big Firms: (1) No raid policy, (2) We ll take your conflicts, and (3) We ll take your scraps. Asking the Small Firms: I don t do what you do. 27

28 EFFECTIVE MARKETING FOR SOLOS AND SMALL FIRMS Lawyer to Community: Dreaded Networking- Join your Inn of Court! Volunteer- Increase visibility, contacts, and exposure through civic activities, philanthropy, religious associations, etc. 35 and over Hockey League- Your goalie needs a defender AND a lawyer 28

29 JOHN DUNBAR: MARKETING FOR GOVERNMENT LAWYERS Why Should Government Lawyers Care About Marketing Principles? Which Marketing Principles Apply? 29

30 THE WISDOM OF DAVE MARKOWITZ 30

31 QUESTIONS? 31

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