LP Magazine – Marketing Ethics Compliance Continues to Confound

Marketing Column
In the November/December 2022 marketing column in the American Bar Association’s Law Practice Magazine, Marketing Ethics Compliance Continues to Confound, I combine a number of business development topics into one.
When writing my column, I often start by thinking about what “hot” areas I’m working on at the moment. In the 21 years-plus since launching HTMLawyers, I’d say most years that the bulk of law firm clients have been on the marketing and business development guidance side; a slight amount dedicated to my related but separate ethics practice. However, in recent years, it has flipped. I find myself spending a lot of time behind the desk reviewing a vast variety of marketing campaigns for law firms around the nation—not to give my two cents on the marketing aspects, but to review for ethics compliance. I help law firm managing partners and GCs sleep better at night. They don’t want to be at the helm when that disciplinary letter rolls in, or worse. It is a practice area loaded with inconsistencies, confusion and varied levels of enforcement. All of which makes it a super fun area to practice.
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The last few years of recruiting and hiring marketing staff for law firms has certainly been interesting. On the plus side, law firms continue to invest in marketing and business development personnel. Some might argue that it is even more important as we come out of COVID and start to connect and reconnect with clients, prospective clients, and referral sources. The law firms that have
In that brief time snugly between delta and omicron, I had the opportunity to speak at a law firm retreat. Live. In-Person. With people. No masks. In a hotel. Food served. It was circa 2019 and it was so nice to put on a suit and close the Zoom app. In the March/April 2022 issue of Law Practice, I discuss
The third annual Up-Down Drill, which played off my favorite morning-after column in The Philadelphia Inquirer after an Eagles game (why did Jeff McLane stop doing it?), was one of the more difficult to write. In the November/December 2021 issue of Law Practice, 
Earlier this week, I read an interesting article about how business travel will never fully return, because you can just go on Zoom, saving a ton of time and money. The story and premise all made sense until a quote at the end saying that the first time someone lost a sales pitch to a competitor that presented in-person—they’ll be right back on those airplanes. And I shook my head knowing that was so true.
This is the time of year where I sit down with my marketing committees to review what successes we had with our 2020 marketing plan and budget. The same for many one on one discussions with individual attorneys on his/her business development plans. Well, I’m not taking the blame for any failures this year—just say “COVID” and try again. So in this month’s issue of the ABA’s 
A favorite business development endeavor for many lawyers (me included) is involvement on a nonprofit board. It can be time-consuming, potentially expensive and sometimes frustrating, but it is a do-good activity that ideally is tied to an area of interest and passion. In my November/December 2020 marketing column in Law Practice, I write on
My annual