Ethics of Marketing & Public Relations Just JDs: Biz Dev Strategies for Lawyers

Legal Marketing AssociationDenver, 2010

Presentation by:

John HellermanHellerman Baretz Communications LLC

andGina F. Rubel, Esq.

Furia Rubel Communications Inc.

Agenda

Marketing vs. Public RelationsEthical ConsiderationsEffectiveness of Public Relations (Recent

Research)Proper MessagingMaximizing PR’s EffectivenessQ&A

Marketing

vs.

Public Relations

The Tool Box

…Some call it Advertising

…Some call it Marketing

…Some call it Business Development

…Some call it Branding

…Some call it PR

We call it Communications

Product (attributes & packaging) Price

Promotion (Offers) Place (Distribution)

The 4 Ps4 P’s of Product Marketing

Customer Solution Cost

Communications Customer Service (Interaction)

The 4 Ps4 C’s of Service Marketing

The Magic 3

Finding

Knowing

Choosing

Market Access

Differentiation

Selection

Results

Reputations

Relationships

P&G as a Law Firm

Procter & Gamble’s Products:

A Law Firm’s Products:

The “Branding Process”

A firm becomes branded by the reputation and performance of its partners and associates over time.

(The more lawyers with credible reputations within the firm, the better.)

The Prism

Talent is the Product

The Firm is a Product Marketer

Shift Your Focus to Help the Firm Secure Talent-New Business Will Follow

Ethical

Considerations of

Law Firm Communications

ABA Model Rules of Professional Conduct

Rule 3.6      Trial Publicity Rule 4.2 Communication with Person Represented by Counsel Rule 4.3 Dealing with Unrepresented Person Rule 7.1      Communication Concerning a Lawyer's Services Rule 7.2      Advertising Rule 7.3      Direct Contact with Prospective Clients Rule 7.4      Communication of Fields of Practice and Specialization Rule 7.5      Firm Names and Letterhead

Rule 8.5      Disciplinary Authority; Choice of Law

Legal Communication Do’s

Establish policies and compliance procedures Adhere to rules of all states where you do business or

seek clients Keep records / copies Steer clear of testimonials Avoid subjectivity Incorporate all necessary language Use disclaimers

Legal Communication Don’ts

Overtly solicit business Give legal advice Use subjective language referring to attorney or firm Create unjustified expectations Compare attorneys or firms Talk about pending cases (material prejudice) Ignore your state’s rules of conduct or multi-

jurisdictional considerations

Effectiveness

of

Public Relations

The Purpose

Use uncontrolled, and therefore credible, participatory channels to

create, influence, and maintain

LUCRATIVE RELATIONSHIPS

“To make my firm money”

Proper Messaging

What is News?

Proximity: Does the news effect the outlet’s audience?

Impact: How much does the news effect the outlet’s audience? More impact = Higher news value.

Unusualness: Is the news different from the ordinary? More unusual = Great news potential.

Timeliness: How current is the news? Prominence: Who is involved? Conflict: Tension = News

Creative

Ask business managers and in-house corporate lawyers the thing that drives them crazy about lawyers, and one of the most common responses is the time they spend waiting for a call back.

“It’s absolutely one of my top three issues,” says James R. Jenkins, Vice President of Legal and External Affairs for United States Cellular Corp. in Chicago. “When I pick up the phone to talk to a lawyer, it’s not about the weather; it’s because I have an issue.”

Mr. Jenkins cites responsiveness as a key reason that his company has long used the labor and employment law firm of Laner Muchin, which guarantees clients a call back within two hours.

Typical

On July 16th, the law firm of Boring & Dull will sponsor a seminar regarding the newest Sarbanes-Oxley regulations and their effect on corporations of all sizes.

Creative

Sarbanes-Oxley regulations will cost American corporations more than $55 billion, and that’s only if they follow the rules.

“The tab for even the slightest non-compliance will cost a company millions of dollars in fines and ‘fit-it’ fees,” explained Steve Exciting, a partner in the law firm of Savvy, Power & Wealth. “Companies can save themselves lots of headaches and lots of dollars if they know what to do.”

On July 16th, Savvy, Power & Wealth will sponsor a seminar for GCs of mid-size companies ($50 MM - $500 MM) regarding the newest Sarbanes-Oxley regulations and what they can do to avoid costly fines.

Typical

Laner Muchin today announced that it has introduced a “Two-hour Call Back Guarantee.”

Clients and prospects of the firm will receive a return phone call within two hours of leaving a message.

Maximizing PR’s Effectiveness

6 Ways to Maximize Effectiveness

Measure What Matters Think in Campaigns Develop Branded / Strategic Content Leverage Successes Harness Web 2.0 Evangelize Public Relations as Biz Dev Tool

Measure What Matters

Ad equivalency measurements and fat clip books are meaningless to law firms.

Reach is not as important as credibility.

Where’s the RFI? “Relationships From Investments”

Relationships Are What Matter

Energy spent generating interviews leading to third-party quotes should be shifted to generate speaking and

publishing opportunities.

Doing so will generate more of everything over time.

Think in Campaigns

Focus on a narrow, niche issue Position yourself as an “expert” Create blogs, white papers, webinars, podcasts, etc. around the issue

Benefits: Strategic Easy to Measure & Manage Relevant to ExCom Attracts Clients Material for Reprinting and Distributing

Develop Branded Content

Bringing expertise to market is made safer

when firms do it through branded and strategic

content.

Talent can walk; firm-owned, branded content

can’t.

Harness Web 2.0 Make getting the info easy. Give reporters options. Don’t hold back information they

are going to get in time anyway Recognize the credentialing power of

your prospects’ social networks; a reprint from an unknown media outlet referred by a “friend” can be more powerful than one from the Wall Street Journal they find on their own.

Widgets

VideoSharing

Tagging

SocialNetworks

RSS Podcasts

PhotoSharing

Micro Blogs

MessageBoards

Chat Rooms

Blogs

Social Media

SOCIALMEDIA

Leverage Success

These aren’t just nice placements. They are excuses to connect with people. Use them as valuable selling tools that create,

influence, and maintain lucrative relationships.

AND DON’T’ FORGET SOCIAL MEDIA

(Create only what is worth reprinting.)

Speakers

John E. Hellerman

Hellerman Baretz Communications LLC

202.274.4762 Direct

202.841.8153 Mobile

jhellerman@hellermanbaretz.com

www.hellermanbaretz.com

Gina F. Rubel, Esq.

Furia Rubel Communications Inc.

215.340.0480 Office

215.704.6090 Mobile

gina@furiarubel.com

www.furiarubel.com