Ethics Essentials for Successful Online Legal Marketing ... · The New Lawyer Advertising Rules...

Ethics Essentials for Successful Online Legal Marketing Jay D. Butchko

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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

Ethics Essentials for Online Legal Marketing

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



Source: Infographic from GO-Globe.com


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* Based on survey respondents of Internet users (Internet users comprise 78% of the U.S. adult population**) conducted by The Research Intelligence Group, March 2012. ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22, 2011.

3 out of 4 consumers seeking an attorney over the past year used online resources at some point in the process.*

Consumers looking for legal services are using search engines, websites, blogs, Facebook®, lawyer directories, and other tools.




~50+ million

online searches per month begin with most

commonly used legal keywords: Attorney, Attorneys, Lawyer, Lawyers

Potential clients begin their legal search on the Web.


Average Daily Traffic



Agenda

Today’s Agenda


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


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”


Florida Bar Advertising Rules

The New Lawyer Advertising Rules


Approved Changes to Florida Bar Advertising Rules

Rules 4-7.1 to 4.7.10 deleted Added 2 rules to 12 Begin at 4-7.11, End at 4-7.23

• Application of Rules: 4-7.11 • Required Content: 4-7.12 • Deceptive and Inherently Misleading Ads: 4-7.13 • Potentially Misleading Ads: 4-7.14 • Unduly Manipulative or Intrusive Ads: 4-7.15 • Presumptively Valid Content: 4-7.16 • Payment for Advertising and Promotion: 4-7.17 • Direct Contact with Prospective Clients: 4-7.18 • Evaluation of Advertisements: 4-7.19 • Exemptions From Filing and Review Requirement: 4-7.20 • Firm Names and Letterhead: 4-7.21 • Lawyer Referral Services: 4-7.22 • Lawyer Directory: 4-7.23



New Florida Bar Advertising Rules 4-7.11 – Application of Rules

All forms of print & digital communication (Billboards to Tweets) Newspapers Direct Mail Websites Magazines Email 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



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 email 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

New Florida Bar Advertising Rules 4-7.12 – Required Content



New Florida Bar Advertising Rules 4-7.12 – Required Content: Facebook, Twitter, LinkedIn

Required: Name of lawyer OR law firm, city: ALL TWEETS ARE NOW ADS! Abbreviate: NYC; JAX = Jacksonville; Permissible Tweet: @JayLexisNexis Conducting seminar at Martin County Bar: New Providence

Florida Bar 09-11-13 Advisory Opinion: No listed areas of practice in “Skills and Expertise” unless Board Certified


Required: Name of lawyer OR law firm and office address


New Florida Bar Advertising Rules: 4-7.13 – 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



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




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?



New Florida Bar Advertising Rules: 4-7.14 – 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



New Florida Bar Advertising Rules: 4-7.15 – 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


New Florida Bar Advertising Rules: 4-7.16 – 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



New Florida Bar Advertising Rules: 4-7.17 – 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



New Florida Bar Advertising Rules 4-7.18 – Direct Contact With Prospective Clients


No Written Communication with People

• In an accident within 30 days

• Already represented

• Who said “stop emailing 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.”

Be Smart When Communicating


New Florida Bar Advertising Rules: 4-7.19 – 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



New Florida Bar Advertising Rules: 4-7.20 – Exemption from Filing and Review Requirements

Is Anything Exempt From Review?

• Submit All Ads/Everything to be safe (other than direct mail and

direct email with only safe harbor info)

• Public Service Announcements



New Florida Bar Advertising Rules: 4-7.21 – 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



New Florida Bar Advertising Rules: 4-7.22 – Lawyer Referral Services 4-7.23 – Lawyer Directory

• 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

Too many referral rules to list! Make sure you don’t break any of them!


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


Source: LinkedIn, Facebook, Twitter, Google

LinkedIn Launch

Facebook Launch

Twitter Launch

1994 2000 2010 2003 2004 2006

2013 (Registered Users)

340+ M

500+ M

1.15 billion

First Blogs Launch

1998

Google Launch

2011

Google+ Launch

2005

YouTube Launch

235+ M

1 billion

Social Media Channels



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LinkedIn

Make contact with business clients and potential clients, meet referral sources, market yourself with recommendations

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

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




Chapman and Pymale Law on Facebook

Facebook for Law Firms

• Fan Page Example



http://rds.yahoo.com/_ylt=A0WTeffajVRLeS4A.tKJzbkF;_ylu=X3oDMTBpdnJhMHUzBHBvcwMxBHNlYwNzcgR2dGlkAw--/SIG=1ghvn03jp/EXP=1263918938/**http:/images.search.yahoo.com/images/view?back=http://images.search.yahoo.com/search/images?p=facebook&ei=utf-8&fr=yfp-t-701&w=128&h=48&imgurl=www.conversionrater.com/wp-content/uploads/2006/09/facebook.thumbnail.jpg&rurl=http://www.pgsimoes.net/blog/index.php&size=2k&name=facebook+thumbna...&p=facebook&oid=91150fbc097c3c98&fr2=&no=1&tt=20991515&sigr=1168rv76s&sigi=129t25c97&sigb=12dm0thdp

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





Build Your LinkedIn Authority With Connections

Search LinkedIn for Lawyers in Your Region



LinkedIn Is Valuable for Networking and Building Authority



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





Joseph Gufford on Twitter



Popes On Twitter & Social Media

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



• 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+

Google+ is Critical to Local Visibility and Search Marketing





Secure Your Google+ Brand With A Business Page

LinkedIn for Law Firms • Your professional profile

• Insert screenshot


http://rds.yahoo.com/_ylt=A0WTefRjjlRLKJEA0I6JzbkF;_ylu=X3oDMTBpdnJhMHUzBHBvcwMxBHNlYwNzcgR2dGlkAw--/SIG=1hv2lo188/EXP=1263919075/**http:/images.search.yahoo.com/images/view?back=http://images.search.yahoo.com/search/images?p=linkedin+logo&fr=yfp-t-701&w=265&h=175&imgurl=www.hispanicbusiness.com/_client_common/images/news/linkedin_logo_lg.jpg&rurl=http://www.hispanicbusiness.com/newswire/2009/6/24/linkedin_names_new_ceo.htm&size=15k&name=linkedin+logo+lg...&p=linkedin+logo&oid=ccdda1348b4f7618&fr2=&no=1&tt=78093&sigr=12du6d6u3&sigi=128si9rjc&sigb=129lvm8c0

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

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.

Many states have board certification rules. Check your state bar and don’t call yourself an expert.

45 Ethics Essentials for Online Legal Marketing


Keep your business and personal life separate.

Include any required advertising acknowledgment, disclaimers, disclosures and other information on your business page.



Use HootSuite

Streamline Twitter accounts

Third-party application Allows topic search Reports, analytics Listen, track, monitor Engage with

community





Find Apps and Tools to Streamline Engagement



Secure Your Brand on All Social Channels

• They do (a billion+ people use Facebook)

• Their influencers do

• The media do

• Search engines do

What if… “My Clients Don’t Use Social Networking?”



Social Media Is The New SEO!

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



Key Takeaways

• Leverage Social Media to demonstrate personality and expertise

• Write about what interests you: news, your practice, national cases, business opinions

• Get ideas: www.google.com/insights/search or www.google.com/trends. See what people are searching for

• Commit to frequent updates and maintaining conversations; keep your audience interested and engaged!



http://www.google.com/insights/search

http://www.google.com/trends

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


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* Source: Hubspot, 2010

Companies that blog have 55% more website visitors and generate 88% more leads.*


Blogging

55

Use social media effectively to engage more prospects and drive more business.

* Source: The American Bar Association’s 2013 Legal Technology Survey Report.

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.*

Blogging


Blogging

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If you hire PR agencies or others to produce content, you are still responsible.

• 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

Considerations for blogging: • 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.


Blogging


Use Blogs to Establish Authority

Blogging


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


Ratings and Rankings

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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

Selecting a Lawyer Is a Major Decision

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 2012. ** According to The Pew Research Center's Internet & American Life Project's Spring Tracking Survey conducted April 26-May 22, 2011. 2 Source: BTI Consulting Group, How Client Hire: The Role of Legal Directories and Online Lawyer Profiles, 2011

77% of in-house counsel use a legal directory or online lawyer profile to validate the credentials of a referral.2

October 21, 2013 Ethics Essentials for Online Legal Marketing


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By some estimates, there are more than 700 lawyer ratings programs!


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..



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


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


Customer Validation

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


Customer Validation

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Recommendations from personal acquaintances and opinions posted by consumers online are the most trusted forms of advertising.*

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

70% of consumers surveyed trusted

consumer opinions posted online*

October 21, 2013 Ethics Essentials for Online Legal Marketing

Share client feedback on neutral third-party sites like Lawyers.comSM.

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Customer Validation


Client Testimonials

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


Client Testimonials


Questions & Answers

For a free evaluation of your firm’s online marketing efforts, please contact: LexisNexis Law Firm Marketing Specialist Rochelle Hyman • [email protected]


Questions & Answers

LexisNexis, Martindale-Hubbell, martindale.com and the Knowledge Burst logo are registered trademarks, Martindale-Hubbell Peer Review Ratings is a trademark and Lawyers.com is a service mark of Reed Elsevier Properties Inc., used under

license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright 2013 LexisNexis. All rights reserved.

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