Articles Posted in American Bar Association

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Morgan & Morgan Billboard in Philadelphia

I’ve seen city highways seemingly taken over by lawyers for a long time now. Throughout Nevada, Florida and Arizona, the interstates are littered with promises of fast cash, big cash, and cash in general. I could not begin to tell you which of those attorneys are good or bad—which I guess is part of the point—the consumer selecting counsel off a street sign or a bus is interested in $$$$ and not representative clients or experience in the courtroom (spoiler alert – maybe 50-50?).

For me, though, there is no place like home. And it is on the roads surrounding Philadelphia that brought me the subject for my most recent marketing column, Lawyer Billboard Wars! How Is That Still a Thing? – in the May/June 2025 issue of Law Practice. In an age where almost every spend in law firm marketing is digital, how is it that the billboard is still standing? And not just standing, but thriving? Read on…

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Dunkin Donuts influencer Charli

A few years ago, when my daughter insisted that she needed to try the Charli drink at Dunkin Donuts, I scoffed. Who is Charli? And what is that drink? Well, it turned out “Charli” was social media influencer Charli D’Amelio, with over 100 million TikTok followers, and considered one of the most influential teens in the world. The drink was a sugar-blasted undrinkable concoction (that’s my opinion, and I was not the targeted demographic). The result of that influencer marketing program was (1) the drink sold like hot cakes; and (2) more importantly, it led to a 57% surge in mobile app downloads. Cold Brew sales increased by 20% on the launch day, and 45% on day two. The goal was to appeal to young consumers. It worked. Big time.

As an attorney in the law marketing space, I’ve tried to wrap my head around these newer forms of advertising and promotion. There is no question that influencers influence–Corporate spending on influencers will exceed $10 billion in 2025, more than doubling since 2021, according to eMarketer. Consumer reviews—a cornerstone of marketing for most every industry (law firms included!)—bring their own set of potential perils with them. And creative (and entrepreneurial) digital designers employ dark patterns—deceptive design techniques used in websites, apps, and digital interfaces to manipulate users into making choices they might not otherwise make. In other words, there is lots of room for legal issues and the need for a CLE on the subject matter. This is not your grandparents’ marketing.

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fb-lpt-smAuthoring this blog post after serving as an issue editor for the Professional Development edition (February 2025) of the American Bar Association’s Law Practice Today webzine, I suddenly was having a sense of déjà vu. Turns out I was the issue editor of LPT’s multigenerational and multicultural issues nearly 10 years ago, in March 2015. I had little recollection of it. You can even compare what I wrote on the subject matter a decade ago in Law Firm Management Struggles with Multi-Generational Issues. News flash: We’ve been discussing this for well over a decade now.

There is significant overlap between business development and professional development within a law firm. During the four years I chaired the ABA’s Standing Committee on Continuing Legal Education (SCOCLE), and the seven years in total I served on the committee, I was involved with the Professional Development Consortium as well. Every law firm is different in the way they incorporate BD into PD, and at what stage. In a conversation I had recently with a law firm PD professional, she tossed a bunch of enlightening (if not scary) statistics at me regarding incoming attorney classes—how short their stay at the firm will likely be, demands for WFH (look it up, of you don’t know it already), work-life balance, and other “asks” that would’ve ensured I never got a job in an interview when I was getting out of law school (circa early 90s…1990s, not 1890s). But times have changed. I recently read a Law360 article with tips on how associates can thrive in a hybrid work environment…realizing that those “tips” were from a Big Law partner around my age (again 1900s, not 1800s, and certainly not 2000s)…and were what he would do, not necessarily what a young associate might find helpful.

If I’m issue editing the subject another 10 years from now, in 2025, something went drastically wrong with my retirement plans. But it will be interesting to see how things might change, or don’t.

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Shopping CartIt would seem like a no-brainer. You or a family member, relative or friend needs a lawyer. Hey, I’m a lawyer. I know lots of lawyers. That should be easy. But in many cases, it is not. We know the practice areas we know. And in many cases, those are not necessarily typical consumer-facing ones. And I can’t tell you how many times I’ve had commercial real estate attorneys complain to me about getting calls from Jane Doe for a residential commercial real estate transaction. Or an employment lawyer getting a call from John Doe to represent him against the very company that is your client. I remind them that the public does not typically know the difference between plaintiff side and defense, or a real estate attorney handling multi-million-dollar commercial transactions and not interesting in reviewing your kid’s college apartment lease (which many of us have done). This all traces back to us—the “educated” consumer that is a lawyer and needs a lawyer. It should be so simple.

But we often find that it is not always so easy. I doubt many of us in the practice are going to look to advertising for help. We’ll reach out to a variety of colleagues for suggestions and guidance. My most recent marketing column in the January/February 2025 issue of Law Practice, Lawyers Shopping for Lawyers, tackles the business development considerations of the referral source and the challenges that come with marketing (and representing) other lawyers.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

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ethics-regulations-ai-artificial-intelligence-hammer-gavel-judgement-legal_1162612-1423-300x200A few months ago, I was asked to provide the ethics attorney perspective for a Legal Marketing Association (LMA) program, AI for Communications and PR: What You Need to Know Now. At that point, I had not put a lot of thought into the ethical considerations. As with most business development professionals, I had already incorporated artificial intelligence (AI) into my day-to-day. But as is often the case for many lawyer speaking gigs, I delved into the topic and learned it–quickly. And because I believe strongly in taking a presentation and turning it into an article (or vice-versa), my marketing column addresses the issues in the September/October 2024 issue of Law Practice, Ethical Issues When Incorporating AI Into Law Firm Marketing.

Where I come from, when you say “A.I.” it can only mean one thing—Allen Iverson. But in most parts, AI has become a part of our everyday lives—whether we’re talkin’ about practice, not a game, or almost every aspect of business operations (IYKYK). The bottom line is that AI is integrated into almost everything. Thus, the need to understand where the Rules of Professional Conduct (RPC) and other ethical issues in law practice come into play. As I note in my column, no less than 15 different RPCs were noted in one state’s AI task force report, as it relates to potential ethics issues that overlap with law firm marketing concepts.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

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TikTokIn recently reviewing a law advertising campaign, I found myself saying that we need to run this on TikTok. I looked at the matter and the target audience, and it seemed quite clear that this was the best way to engage. My growing fascination with one of the newer online tools—from something I considered a ridiculous kiddie timewaster—to an app that someone sends a link with useful (and/or entertaining) information nearly every day. When it comes to effective law marketing in 2024, you need to know TikTok—and that is why I wrote TikTok Is Gospel to Generation Z in the May/June 2024 issue of Law Practice.

If you are blocked from reading the column behind the ABA paywall, it is provided below in its entirety.

Summary

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LeadershipIs law firm leadership and law firm marketing synonymous? Or better yet, should they be? I try to answer that very question in the November/December 2023 issue of Law Practice, At the Intersection of Leadership & Marketing.

Please note that if the ABA paywall prevents you from accessing this column, send me an email and I’ll forward you a copy.

The leaders of most law firms—sometimes a managing partner, other times a management or executive committee—are often going to have first and final say on marketing and business development decisions. If not the strategies themselves, then often the dollars approved to staff and finance them. The problem lies in that not all great law firm leaders are great marketing minds.

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The cover of the final hard copy issue of Law PracticeThere seemed to be some irony in receiving the final, hard copy, mailed issue of Law Practice magazine in the same week that the U.S. Supreme Court effectively ended race-conscious admission programs at colleges and universities across the country. I won’t get overly political here except to say that I’m not a fan of SCOTUS these days, between these harmful rulings and ridiculously unethical behavior by appointed Justices that I would not welcome at my dinner table. It’s quite sad.

In Market Share Competition Among Diverse Law Firms Heats Up, and Gets Heated, my marketing column in the July/August 2023 issue of Law Practice, I address the state of doling out work to diverse lawyers and law firms—for the first time since my March/April 2017 column—a lot had changed. The first section of the recent column subtitled “Diversity in Reverse,” seemed so apropos after the SCOTUS decision. It already felt like progress that took decades to implement now saw courts turning back the clock. Again, quite sad.

Writing about competing for work in the diversity space was triggered by a joint report last year from the National Association of Minority and Women Owned Law Firms (NAMWOLF) and the Institute for Inclusion in the Legal Profession (IILP), “Understanding and Assessing the Use of Minority- and Women-Owned Law Firms by Corporate Clients.” Blend the George Floyd murder in with the COVID world of Zoom and Teams…and you get a picture of the modern landscape of the legal industry. There isn’t even a clear definition anymore of what diversity is, when contemplating the distribution of work.

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Pictured (L to R): Pam McDevitt, Tom Grella, Micah Buchdahl, Walt Karnstein, Andrea Hartley

On May 18th, I had the privilege of being honored by the American Bar Association’s Law Practice Division with the Samuel S. Smith Award, recognizing an individual who has demonstrated outstanding lifetime achievement in the field of law practice management.

Read the ABA’s press release here.

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