Ethical and Legal Issues Associated with Law Firm Marketing, Business Development, and Public Relations

Ethical and Legal Issues Associated With Law Firm Marketing,

Business Development, and Public Relations

Course #901372367

Association of Legal Administrators of Houston

February 21, 2017

STACEY BURKE ATTORNEY/OWNER

1800 BERING DR., SUITE 1010HOUSTON, TEXAS 77057 OFFICE: (713) 714-8446

[email protected]

WWW.STACEYEBURKE.COM

Stacey BurkeLicensed Texas lawyer since 2001 (Texas state courts, Eastern and Southern Districts of Texas, Fifth Circuit)

Select Speaking Engagements and Publications• Legal Technology

Needles Case Management Software MyCase Case Management Software

• Legal Industry Professional Associations and Publications American Association for Justice Asian American Bar Association Houston Bar Association Houston Trial Lawyers Association Kentucky Justice Association Law Firm Marketing Mastery State Bar of Texas Texas Bar Today Texas Women Rainmakers CLE Trial Magazine University of Texas Law School CLE

• Public Relations and Marketing Professional Associations American Marketing Association Houston Social Media Breakfast Public Relations Society of America

www.staceyeburke.com

Raising Your Brand Profile• Marketing: – Support, open doors for business development– Develop messaging and promotional materials – Attract new clients by positioning law firm well to

identified potential “client profile” and showcasing how firm can meet their needs

• Business Development:– Identify prospects– Make sales using marketing materials

• Public Relations:– Promote the client, the law firm, and the law– Draft media relations plans and trains

spokespeoplewww.staceyeburke.co

m

Marketing


Raising Your Brand Profile: Marketing

What is marketing? PUSH• The process of planning & executing

the conception, pricing, promotion and distribution of ideas, goods and services to create exchanges that satisfy individual and organizational objectives. American Marketing Association

• The management process responsible for identifying, anticipating and satisfying customer requirements profitably. Chartered Institute of Marketing


Raising Your Brand Profile: Marketing• SBOT Rules

– Approval process varies by media type and audience (lawyers or not)

– Bulk of violations occur under Rule 7.02 “Communications Concerning a Lawyer’s Services” • Case results / past successes• Stating that a lawyer is an “expert” or a “specialist” –

Board Certification (specifically mandated format)– Must state “ADVERTISEMENT” Rule 7.05 in all caps,

separate from other text on the first page and the envelope or subject line

• ABA Rules – general guidelines but the Texas rules are more specific, have significant commentary, and are stricter

• Tex. Penal Code §38.12 – Texas barratry statute makes it a crime to solicit clients. Exceptions: current clients, former clients, and relatives.

• CAN-SPAM Act– Governs “any electronic mail message the primary purpose

of which is the commercial advertisement or promotion of a commercial product or service”

– Give recipients the ability to OPT-OUT– Each separate email violation is subject to penalties of

$16,000


Raising Your Brand Profile: Marketing• Integrated Marketing Strategy• Focus: Inbound Digital Marketing– Blogs– Email Marketing– Pay-Per-Click / AdWords– Search Engine Optimization– Social Media and Social Ads–Website Disclaimer

Expert Tip:Testimonials + Reviews = Social Proof


Is My Marketing Working?• Google Analytics• Social Media

Key Performance Indicators

• Call Tracking and Recording

• Tracking Emails• Form

Submissionswww.staceyeburke.com

Business Development


Raising Your Brand Profile: Business Development

• What is business development? PULL– Selling is the ultimate result of marketing

• Variation by law firm and practice area (to who and how)

• Types:– Events– Professional Networking– Publication Opportunities– Social Engagements– Speaking Opportunities– Sponsorships

• Business lifecycle for prospects, clients, and referral sources


How Do You Track Business Development?

A. On my calendarB. In OutlookC. On a notepadD. I don’t

Why it matters: • Do you get paid more for the business you bring in or are

you required to bring in a certain amount of business?• Your firm’s financial survival in an increasingly

competitive industry.• Keep track of your time to see if the time you invest and

how you invest it are working and worthwhile – AND see which parts you can automate!


CRM Cycle for Prospects


Need

Contact

CourtingPaperwork (Pre-Nup)

Marriage?

CRM Cycle for Clients


PNC

Client

Matter HandledResolution

Post-Matter

Law Firm Customers: ClientsBoosting client satisfaction and maintaining compliance with ABA Rule 1.4:• Personalized communication• Consistent contact person who is

knowledgeable about their case• Be responsive• Monthly or quarterly updates• Keep track of feedback


Raising Your Brand Profile: Business Development

Automation via CRM• Ethical issues when using a CRM for

client communications:– Confidentiality– Security– Accessibility

• Helps lawyer comply with ethical obligation (ABA Rule 1.4) to keep client reasonably informed

• Training• Personalization and customization while

maintaining consistencywww.staceyeburke.co

m

Public Relations


Raising Your Brand Profile: Public Relations

• Understand the journalist’s perspective (human element)

• Lessons learned from past media interview experiences:– Typical PR strategies are often inappropriate

or can be detrimental to a lawsuit – you must take the litigation strategy into account every step of the way

– Client preparation and sensitivity to their feelings– See if you can get the questions in advance or at

least a general idea of what they will cover– Know what areas to avoid and how to respectfully

decline– Establish groundrules



• Pay attention to media interview formats (print, phone, TV/radio, email, social media)

• Client confidentiality• Protect client/reputation management• Make your client’s viewpoint known• Influencing outcome of litigation with

media pressure• Helping public understand complex

legal issues versus contaminating jury pool



Sharing/Repurposing Media Coverage:• Email Marketing – link to article and

embed video• Digital Press Release – wait for

earned media to share• Social Media – obtain video and rights

to upload to your own YouTube channel and embed in your website

• Website - press section, blog post with embedded media coverage, add to bios



Facebook.com/MarketingLawyers

@StaceyEBurke

www.SlideShare.net/StaceyBurke

http://bit.ly/SEBPCnews

Text NEWSLETTER to 38470Text LAW to 38470

https://www.facebook.com/MarketingLawyers/

https://www.facebook.com/MarketingLawyers/

https://www.SlideShare.net/StaceyBurke

https://www.SlideShare.net/StaceyBurke



STACEY BURKE ATTORNEY/OWNER

1800 BERING DRIVE, SUITE 1010HOUSTON, TEXAS 77057 OFFICE: (713) 714-8446

[email protected] WWW.STACEYEBURKE.COM

Course #901372367

mailto:[email protected]

http://www.staceyeburke.com/