Marketing Attorney Blog

Recently, a California State Bar committee discussed a controversial proposal that would put a red warning label on attorney profiles for those facing disciplinary charges. This would take the concept of a website disclaimer to new heights. Only in California. Actually, I'd say only in Florida. But, indeed, this comes out of the left coast.

The proposal came from State Bar prosecutor Jayne Kim. It prompted an outcry from defense attorneys that felt accusations that had not been fully litigated and proven in court would lead to a serious hit on a law firms' business.

The state delayed voting on the proposal until after a 60-day public comment period. Kim had argued that it was unnecessary, claiming it was simply an extension of a 2011 policy that required consumer alerts on profiles of attorneys formally charged with misappropriation of client funds or improper loan modification activities.

Reporter Saul Sugarman, writing in the San Francisco Daily Journal, said that some committee members wondered why consumer alerts only appear on pages of attorneys while formal charges are pending. In the current system, the alerts go away once lawyers are found culpable of misdeeds, though the details of discipline still appear at the base of their profiles.

Different states have different requirements as to what an attorney can and can't do before, during or after a disciplinary proceeding. The concept of a red warning label simply because an attorney is facing a charge does not seem to be reasonable. Maybe it is because I see what I personally consider unfair outcomes in some of these matters, while more flagrant transgressions often go unaddressed. This is certainly not a blanket concern. The majority of disciplinary counsel come to the proper conclusions. Yet, I still see some serious head scratchers, especially in my area of focus--advertising, marketing and solicitation regulations. Attorneys--defense or otherwise--are right in that a red warning on a website profile is a death knell of sorts. Who is going to use an attorney with a red flag right on their own website bio? Nobody. You'd likely look to minimize your existence online until the matter was resolved. And even then, state bar listings and attorney profile sites on some high profile legal directories might also show the pending discipline.

While the overarching concept of "deceptive and misleading" is my mantra in looking at law firm website marketing from an ethics perspective, I also believe in certain components of "real world" promotion. A discerning consumer will look beyond the glossy, polished profile the attorney writes for him or herself and seek comments from more objective sites. A plumber's website does not say anything about the dozens of BBB files opened up. I guess you go to Angie's List, or in this case, the state bar.
I can't imagine that the plaintiffs' bar will sit back and see this proposal come to fruition. There could be room for a compromise in putting this data into the "disclaimer" component of a website, where a little additional due diligence by the end user is required. Placement on the biography itself would be quite the hardship.

This is a conversation worth watching.

When creating the "Internet Marketing Attorney" moniker in 1997, I would scour the web for the most innovative law firm websites, eventually rating and ranking them in five categories--design, content, usability, interactivity and intangibles. If you were listed among the 250 largest U.S. law firms, you were then ranked accordingly. Many small and midsize firms from around the world submitted themselves for consideration as well, and while I did not review all of them, I also had the annual Nifty Fifty list of innovative legal website components. But times changed and just like technology, I had to adapt.

There were three key factors that led me to stop presenting the IMAs--as they are known throughout the legal industry. First, the large law firm sites become homogenized. There were so few substantive differences to the sites that it made finding those differentiators quite difficult. I would write the same notes and comments over and over again. Second, my "for-profit" business (HTMLawyers, my law marketing consultancy) did not provide enough free time to properly conduct these evaluations. Because I never solicited those law firms I reviewed, it was a great branding tool but not necessarily a revenue generator. My time was always "sold out", but it was tough to equate new business with the time needed for the IMAs. Finally, any free time or "down time" is now owned by my children--who do not find law firm websites all that fascinating. Luckily, my monthly contributions to Web Marketing Today allow me to continually monitor and teach best practices for law firm internet marketing.

Which is a long-winded way of introducing this month's WMT column, Law Firm Websites: A Developer's Review, where in essence I turn the tables slightly by asking the web site developers to tell me what site they like best and why (obviously, their own handiwork). I invited some of the more prominent names in law firm website development to participate--just give me a site and what makes it special. The end result is a handy tutorial for any law firm looking to identify key components for their next website.

The cited sites offer a nice mix of law firm geography and size. Included in this column are websites developed for McElroy, Deutsch, Mulvaney & Carpenter, Freeborn & Peters, Sideman & Bancroft, Nixon Peabody, and Jeffer Mangels.

Thanks to Inherent, Saturno Design, Duo Consulting, Bothwell Marketing and Justia for taking part. Each provided me with a website, some background and key features. In my 17 years of working on law firm website projects, I've had the opportunity to work with hundreds of developers throughout the world. In many cases, I've reviewed their RFP responses to law firms in helping select the right provider. In others, dozens of law firm website developers keep me informed of their newer launches and products--helping me pass that information along to my IMA and WMT readership. This month's column is a map of the newer online features that merit consideration in building or upgrading a law firm website.

In this month's Web Marketing Today column, I discuss the uses and value of video as an Internet marketing tool for attorneys. Video provides both enhanced web content as well as improved search engine optimization results.

Among the things that have changed in video production over the last five years or so is the importance of making sure that the quality is there. Lawyers should not look like they are facetiming each other on an iPad. That is left for my kids harassing relatives with video chat. Getting seasoned professionals to produce, tape and edit is critical.

My column discusses the ABA Golden Gavel Video Awards, created by Infinite PR's Nicholas Gaffney. I also talk about web video marketing tools such as those developed by TheLaw.tv and an example of law firms moving often-stilted webinars to a polished video product. The use of video impacts every type of law practice. Brown Rudnick's Charitable Foundation uses video to enhance the site for their Center for the Public Interest.

Of course, it would not be my take on video without pointing to my own humorous production from a few years back. If everyone loves it, then it is not really edgy or out-of-the-box. From Delaware corporate law to Carly Rae Jepsen, video has numerous uses in the law marketing toolbox. Some work better than others.

I address an important internet marketing topic in this month's Web Marketing Today column on "Monitoring your online reputation in 2013." We spend a lot of money to "get found" on the web with various search engine optimization techniques. But what about the stuff you don't want getting found? Or what I refer to as "reverse SEO"?

As the web ages and matures, it becomes more and more important to be vigilant about protecting your good name. And the first step towards staying one step ahead is to effectively monitor what I call an attorney's online portfolio. It is far more expansive than what your law firm posts or what might show up from LinkedIn or Martindale. And it only takes one bad apple in an orchard full of good ones to feel like your name, reputation and business might be harmed.

In an interesting comment posted on my WMT column page is a website developer frustrated that he has encountered situations where a top result on a Google search is "ancient history." Something 5+ years old that is "totally irrelevant." This points out the downside about some online reputation "fixers" where a problem is fixed today but could float back to the top after an algorithm change.

Make sure you spend as much time monitoring your law firm results as you do analyzing traffic and visitors to the website. And if you are doing neither, you have two things to add to the "to do" list for 2013. As end-users become more sophisticated, they become more likely to look at a few pages of what might be termed "objective" results rather than look at the web picture we are trying to paint.

The ABA Section of Family Law has dedicated its entire winter 2013 issue of the Family Advocate to the topic of marketing your practice in the digital age. The feature that the publication asked me to author, Finding the Magical Mix for Your Digital Marketing Plan, presents a wide range of options for the family law practitioner--including websites, blogs, use of video, search engine optimization, mobile sites, social media, directories and ratings. In other words, there are a lot of options and a lot to think about.

Among other features in the issue is an article on Common Ethical Pitfalls of Digital Marketing, authored by my ABA LPM colleagues Sharon Nelson and John Simek. While ethics rules should not discourage or hamper an attorney's involvement on social media and lawyer referral websites, compliance is critical. As an ethics attorney myself, I've worked to get a few attorneys out of digital "jams", not to mention implementing lots of preventive medicine.

Simply noting that the ABA Family Law Section has dedicated an entire one of its quarterly issues to this subject should be enough to wake up any family lawyer not paying attention to the World Wide Web. The bottom line is that like many consumer-oriented practices, competition is fierce and ever-increasing. Family law is such an interesting animal. Perhaps no other area of practice is likely to impinge on life more than divorce--if not directly on your household, indirectly through a relative or friend. In regard to advertising, you are often targeting a more sophisticated client base than might be the case for a plaintiffs' practice. Visibility is a necessity. No other area of practice is represented more in many of the lifestyle and regionally-based print publications I peruse from the mailbox. The radio and billboards tout family law practices (not so much on television). Facebook is both a contributing cause and effect of many divorces--meaning that a target audience is right there for the taking. The use of mediation and forms of alternative dispute resolution bring in other competitive marketplace issues. A few years ago, I presented a marketing ethics CLE program at the ABA Annual Meeting for the ADR section, with many of the examples coming from issues relating to family law attorneys competing with huge, non-law firm divorce mediation services.

Personally, I enjoy marketing family law practices. There is a mix of general law practice marketing principles with non-law firm specific avenues of consumer marketing targets. The challenge is often to out-"visible" the other guy or gal, while being in the right places at the right times. Like it or not, the prospective client is highly likely to utilize the Internet as a source of information, referral and attorney selection. Failure to appear is simply a lost opportunity.

For examples of some solid online efforts by family law attorneys (all noted in the ABA feature, and a reverse disclaimer - none are clients and I've never met any of them), see the links below:

Blogs - www.sandiegodivorceattorneyblog.com and www.fortlauderdaledivorcelawyerblog.com
Video - genxsmartie.blogspot.com and thelaw.tv/Kansas/Divorce+Law
Social Media inclusion - www.sblumenthallaw.com
Niche - Cordell & Cordell

In this month's Web Marketing Today column, I address the importance of having a proper mobile marketing plan to accompany your law firm's Internet marketing efforts. Regardless of a law firm's audience, practice groups, size or location--"mobile" is a critical component.

Some law firms are still at stage one--trying to get some sort of compatibility for an iPhone or Android device. Others have moved well past that toward development of applications that serve purposes ranging from "marketing" to uses for partner retreats, recruiting and access to files and billing.

The strategies, however, do differ based on a law firms' audience and clientele. As is the case with a typical website--what you develop for a Baker McKenzie is going to differ from what you develop for Sokolove Law. Although as of today, a quick look at both of those websites on my Droid were not online presences built for mobile. This column features firms that built a solid online mobile presence. It also addresses related issues tied to SEO and online advertising considerations as well.

I point out that a simple look at your own website's traffic reports should be all the evidence you need that the mobile audience is already huge, and rapidly growing.

This month's Web Marketing Today column discusses the good, bad and ugly in the world of law firm blogging. As the bumper sticker says, "If you can read this, you must be on my blog." Anyway, that in itself highlights one valuable element of blogging--in cross-promoting other marketing and publishing efforts.

I've selected successful blogs in the small, medium and large law firm categories to highlight approaches and styles--from Silverberg Zalantis, Young Conaway and Reed Smith. In the world of blogs, they are all operating on an even playing field.

One of the ways I know that blogging is still "where it's at" in cyberspace is simply following the steps of my long-time web collaborator Pavel Ushakov. Between Pavel and Justia's Tim Stanley, much of the direction and advice I give myself (and others) comes from following their paths. Tim practically shamed me into getting back on the blog bandwagon. Pavel played a pivotal role in my original transformation from "marketing attorney" to an "internet marketing attorney." We worked together on original website projects for law firms like Morgan Lewis and Simpson Thacher back in the 90s. Remember the 90s man? He was then instrumental in creating the Internet Marketing Attorney website, IMA reviews and Nifty Fifty awards for me. And in developing my original business website and blog. Of course, as one of the true web pioneers, he has bigger fish to fry than helping me--but always responds quickly whenever I shout out for help. But his focus now is on blog development and consulting with Blogconsulting.com--with "little" clients like Adobe, Time Magazine and the Harvard Business School. But he is one of the go-to guys for blogging, and knowing what will come next.

Blogging is certainly not for everyone. A quick read of the WMT column should help you determine if jumping in the pool, or simply staying in the pool is right for your law practice.

In my monthly column on internet marketing for lawyers in Web Marketing Today, I tackle the sticky issue of ethics and compliance for law firm websites. If you had told me when I started teaching ethics CLEs on this subject in 1997 that I'd be this well-versed on the subject--and it would become a niche area of expertise for my practice, I'd have laughed. But lo and behold, the Rules of Professional Conduct have become my Ten Commandments. There are plenty of golden calves and false idols--but I won't name names. Let's just say that websites are now the tip of the iceberg in a land of Groupons and "ask the lawyer" sites, getting the disclaimer language right should be child's play.

In an upcoming column for Web Marketing Today, I am going to discuss the value of videos in law firm marketing, focused on internet marketing efforts. I've had the opportunity to work with people that know how to do them, such as my friends at TheLaw.TV. Last year, as chair of the American Bar Association's Law Firm Marketing Strategies Conference, we held the first Golden Gavel Awards, recognizing the best law firm and legal industry videos. Nick Gaffney of Infinite PR organized the video awards and panel, with the end result being some phenomenal videos used by law firms on web sites.

This brings me to my own recent work on redevelopment of the HTMLawyers website. I wanted an effective welcome message, but ended up with something that looks like a bad local business ad on cable television. You won't see this on the business site, but I did marvel at how my eight year old daughter Lily watched me sweat, flub lines and deliver a mediocre performance--only to have her show me how it is done. I'm not sure if she is showing me the way or mocking me, but I enjoyed her performance far better than mine. Lily first appeared on this blog--in the fourth post--when she was born in May 2004, so this is her triumphant return.

In thumbing through the September 2012 issue of Consumer Reports, my "thumbing" came to a halt, somewhere between best values on cars (my Toyota Highlander ranked high, as did my wife's Camry) and televisions (I could have done better), when the monthly money column headline "Legal DIY sites no match for a pro" stopped me in my tracks.

Would CR tell its readership that the do-it-yourself web sites for legal information (not "advice", because we know they can't do that) would suffice when it comes to the "simple"--a will, a trademark, forming an LLC, getting a divorce, a real estate lease. Of course, if you are an IP attorney, a real estate lawyer, a family law attorney--you would (and should) take offense at the idea that your practice can be replaced by a cyber-lawyer (and I don't mean a lawyer doing cyberlaw, I mean an automated machine). And thankfully for most of us, CR agrees. You probably need a lawyer to review and/or draft anything that goes beyond the extremely mundane.

The article leads by saying that for a fraction of what you'd pay a lawyer, websites such as LegalZoom, Nolo and Rocket Lawyer can help you create your own will, power of attorney, etc. ..and those sites are full of pleased customers that have avoided dreaded attorney fees from the comfort of a desktop.

Often the most recognized by GEN POP (my cute prison jargon way of referring to a general consumer audience) is LegalZoom--fronted by famed O.J. Simpson counsel Robert Shapiro. (As an aside, I would note that while Shapiro took to the Internet to cash in on some of his notoriety, the late Johnnie Cochrane lent his name to what amounts to personal injury franchises that are still heavily marketed to the daytime TV viewers of soaps and game shows. Both clever uses of legal marketing, I might add). LZ (as I refer to the site, 'cause we're buddies) has advertised heavily on TV and in print (and online, of course) for many years. There is a mixed level of discomfort among lawyers as it relates to LZ--in many cases, there are arguments against them in relation to "unauthorized practice of law" (really, unfair competition) and concern that consumers are being led away and maybe misled (in relation to identifying all potential legal issues). Of course, sites like this are also employing many attorneys as well. For a small fee, you can even keep one on a monthly retainer, so the idea that the sites are limited to "do it yourself" is not really true today.

I think of myself as a pretty good lawyer, but I don't really do "wills", which is why I hired a guy that does when my wife and I updated ours (after each kid, in case you have failed to do so yourself, you should). I hired a real estate lawyer when we bought and sold a house. And when forming HTMLawyers, Inc., I tried to do the trademark work myself before realizing I probably needed a real IP lawyer. I did, however, manage to DIY for formation of my corporation. The moral being that an educated consumer such as myself still went to a real lawyer that charged me real dollars over a DIY.

Of course, the beauty of the Internet and lawyer marketing in general is that it allows a smart consumer to do his/her research, many lawyers have lowered costs through virtual law practices and various forms of automation for the bulk of a transaction, and there is no reason you can't find a better "deal" if that is what you seek. Having said all of this, I'd say that a reputable DIY site is better than no attorney at all, and in many cases, they are helping to generate revenue for some legit, licensed lawyers that need some extra cash and clients. It is nice to see, though, that CR still sees a need for a lawyer from time to time.

In my inaugural monthly column for Web Marketing Today (WMT), I discuss how the Internet has changed the legal profession. The article serves as an introduction of sorts to an entirely new audience for me. Many people have come to know me from the Internet Marketing Attorney web site (with the IMA awards and reviews, and the Nifty Fifty lists) that I first started espousing about in 1997. I can't say that I've been reading WMT since its inception a few years earlier in 1995, but it is pretty close. When they came to me and asked if I could serve as the voice of the legal profession on Internet marketing, I thought it would provide a nice change of pace, replacing the IMA site.

There is no cost to subscribe to WMT (you'll see the subscription box on the home page). And you can find all my columns neatly tucked away on one page. Look for them around the middle of each month. If there is a particular Internet marketing topic (pertaining to the legal profession), give me a shout.

GCs Come Up Against Social Networking Sites, Like It or Not

The following article appeared in the June issue of GC Mid-Atlantic.

By Micah U. Buchdahl

What are you doing? In 140 characters or less: "I am writing an article on the impact of social networking sites, such as Twitter and Facebook, on in-house counsel for GC Mid-Atlantic."

That "tweet" uses just short of the maximum 140 characters (136 to be exact) for a Twitter post. It avoids TMI ("too much information" for the non-texting crowd). And knowing what it is and how it works is imperative.

Recently, the chair of a law firm's professional responsibility committee ordered me to "go print out LinkedIn." Besides being short of time, paper and toner, he showed his hand. He had no idea what LinkedIn is or how it works. Yet, he wanted to create firm policy regarding its usage.

As the protector and advocate of a company, you simply cannot afford to be naïve. The continuing advent of social networking creates both issues and possibilities for in-house counsel.

The Need to Know

As someone who speaks and advises law firms on ethics issues related to online efforts, including lots of focus on social networking in the last year, I did not want this column to be about ethics. As lawyers, we all know the hot-button issues. Unlike attorneys at law firms, where there is a business development or advertising goal (be it direct or underlying), the in-house audience is not soliciting.

Whether you are "poking" a friend on Facebook or "tweeting" on Twitter, the social networking phenomenon is everywhere -- including the offices of top executives at some of the world's largest corporations. For in-house counsel responsible for protecting a company in areas ranging from intellectual property to employment law, from advertising regulation to communications, the need to have a working knowledge of these online entities is critical.

The "need to know," however, expands well beyond the responsibilities of protecting your company. Some in-house counsel have utilized these networks in the selection and vetting of outside counsel. In some cases, it is simply reading what is out there in regard to a specific attorney or firm. However, others have proactively used the tools to find counsel. This might involve simply checking your own social network for people that practice in an area or jurisdiction where you require assistance.

On Twitter or Facebook, for example, you might search your network or the vast entity itself for a "Tennessee immigration law firm." You might contact someone based on the expertise they show through their online portfolio, or perhaps "bingo," there is an old law school classmate that you can reach out to. On LinkedIn, you may do the same type of searches, but can also check your network to see if you have any direct or indirect connections to the expertise you require.

Drawing the Line

"I use LinkedIn for my business-related social networking. I use Facebook for my non-business social networking. I use Twitter for news-feed types of updates, for the most part, and I also read tweets from my friends," said Todd A. Borow, senior corporate counsel at Johnson Matthey and current president of DELVACCA. "I would not be interested in receiving business-related tweets on Twitter. I occasionally get requests on Facebook from business contacts, but I do not approve [them]. I instead direct my contacts to request me as a connection on LinkedIn."

While the Facebooks and Twitters of the world are largely built around a more informal, casual online relationship, LinkedIn is in many ways the opposite. It is built around your business and professional world. Both entities work. Consider it the difference between hiring someone you clicked with at a cocktail party versus making a selection based on reading an article or attending a CLE program.

As is the case with almost any area of business today, there are plenty of similar online networking tools geared toward your specific industry. It might be pharmaceuticals, automobiles or physicians. In the case of those focusing on the "legal" industry, sites such as Martindale-Hubbell Connected and Legal OnRamp are considered networking tools specific to lawyers and targeting in-house counsel.

For Martindale, the Connected network is an appropriate extension of its age-old directory. In the pre-Internet world, few would dispute that Martindale was the key resource for in-house counsel "looking up" attorneys based on practice and geography. However, that tool has lost its significance in this generation. This is a wise effort by Lexis-Nexis to rebuild the brand for today's market.

On the flip side, Legal OnRamp is a product of the Web world -- designed to provide a community for lawyers to interact and, in some cases, seek counsel, business and employment opportunities.

"I do note that many companies, like mine, block Web sites that are considered to be social networking sites and not business networking sites," said Borow. "At my own company, Facebook and MySpace are blocked, which further emphasizes my point that these, as well as Twitter, are not the appropriate Web sites for lawyers to use for their marketing efforts," he continued.

For that reason, Borow maintains that the legal-specific networking sites are more effective if the goal is to market legal services to his audience.

Yet these sites are coming into play every day on the practice side of things. These create potential issues for attorneys, their employers and their businesses.

Unavoidable Issues

Lawyers are struggling with issues of monitoring site usage and dictating company policy. While Borow mentions some sites being blocked in the workplace, these same sites are often heavily used for marketing and recruiting in some places. All of the content is discoverable and can and will be used against you in a court of law.

In June, nearly every in-house counsel and intellectual property lawyer had to stay on top of potential trademark issues dealing with Facebook domain names. The power of Facebook and the potential dilution or missue of corporate trademarks necessitated registration action. Failure to understand the site and the impact would be a serious misstep.

Your company's marketers are likely crafting sophisticated social media programs that have complicated strategic objectives and metrics. They are used to provide value, and they involve two-way interaction between the audience and the company or product. While the Internet itself has created numerous difficulties in maintaining control over your intellectual property, a key element to remember is that in the world of social networking, you simply do not maintain control over your message.

It is not just the marketers -- your communications department is involved in moving traditional PR efforts to these networks. Internally, your company may be using a Facebook page as a communications tool as well.

Remember that all of these networks have terms of service guidelines (which may change with little notice). There are numerous social media monitoring tools to stay aware of the conversations that might be affecting your brand. Make sure the company messages are consistent from one social site to the next.

Besides company usage policies, you need to address certain considerations when communicating through these sites with clients, need to identify possible issues including confidentiality, communications with counsel and the need to be truthful and accurate with statements.

Another important area affecting your job is in monitoring the company's use of such tools for recruiting and hiring. It is yet another area that requires rules and policies.

"Savvy employers will make use of these networking tools," said Margaret M. DiBianca, an associate in the employment law group at Young Conaway Stargatt & Taylor in Wilmington, Del., and editor of the Delaware Employment Law Blog.

"Employers should proceed with caution when looking for potential job applicants. Anyone can create content and post it online, which means you could hire someone based on false information. And if you decide not to hire the applicant, the information you found on the Internet could be used against your organization to support a discrimination claim."

DiBianca also warns that there are limits to how far you can go in keeping tabs of an employee's blogs, instant messages and social networking sites.

Conclusion

There is no end in sight to the impact of the Twitters and Facebooks on the profession. Recently, a judge in North Carolina was reprimanded for "friending" a lawyer that was involved in a case before him. Issues involving twittering jurors (in the middle of a trial) have led to numerous cases heading for appeal. Last April, as Pennsylvania Sen. Vincent Fumo's trial finally headed to a verdict, a juror's Facebook musings were enough to have Fumo's legal team seek a new trial.

It is no longer about whether you want to try this stuff out; you had better know how to tweet. •

Micah U. Buchdahl, a former in-house counsel, is president of HTMLawyers Inc., a law marketing consultancy based in Moorestown, N.J. He is chair-elect of the American Bar Association's law practice management section. Buchdahl can be reached by e-mail at micah@htmlawyers.com or by phone at 856-234-4334.

Just kidding about the "death" reference. The much-talked about changes to the attorney advertising rules in New York take effect today. And in the end, New York proved no better (or worse) than the majority of state bars in creating different standards for what is and is not kosher.

Don't believe what you read

Outside of what you read here. In perusing dozens of articles and blog posts, I read dozens of inaccuracies and inaccurate quotes (a lot of those interviewed misspoke about what the rules were all about). One article quoted a legal marketer that said these rules effected few attorneys in New York (do you know anything about law firm business development?). An attorney cited that NY was at the forefront of these advertising ethics issues (you are not). And I read lots of quotes from non-lawyer marketers that have no say or influence in these decisions. Attorneys that make up the state bar decide what attorneys are going to do.

The reality? The whole thing was much ado about nothing. There are a few hoops to jump through. But, issues that every state keeps grappling with remain unresolved. And if you know how to issue-spot (I hope you do, if you went to law school), then you should be able to write a professional responsibility final exam poking holes through much of them.

In a nutshell, what do I do?

Since you are not likely a paying client of my firm (they receive detailed and specific marketing ethics compliance advice...this is not legal advice...consult your individual attorney...your results may vary), here is what you need to be sure about:

1. If you are a New York law firm or promote a New York office, you need to have the words "ATTORNEY ADVERTISING" on your home page. Not on every page. Depending on the promotional use of representative clients and matters, you may need additional disclaimer language.
2. The retention rule for NY is three years for all traditional marketing materials. However, electronic (i.e. web and mail) are one year (and only "minor modifications" to the web site need to be copied and retained).
3. Testimonials are still OK in most instances, but require additional disclaimer and other rule compliance.
4. The Man from UNCLE can still do a paid endorsement, just so you let people know he was paid to do so and is not really a partner at your firm (although he looks damn close).
5. While you can not use monikers, nicknames or mottos, you can list "bona fide professional ratings." Good luck with that one, New York. If I have a billboard that says "It's a bird. It's a plane. It's SUPER LAWYER," have I complied? And outside of hearing from the IP attorneys at Marvel Comics, what are you going to do about it?
6. Your best bet is to read the actual red-lined version of the rules, and educate your attorneys and marketing staff on them. That is what I do with many of the law firms where I assist with marketing ethics compliance. You should do the same.

The Law.com Blog Network today highlights the Internet Marketing Attorney Reviews and Nifty 50, with comments from Bob Ambrogi.

In just a few days on the web, the new IMA reviews and Nifty 50 have seen over 25,000 page views of readership. Thanks for your readership.

Look, the IMAs are like a full-time job. So while I've ignored the Marketing Attorney Blog, the IMAs are back! Visit them today at www.internetmarketingattorney.com.