Internet Marketing

Published on: August 1, 2012

PBI CLE — Lawyer Rankings & Ratings: The Impact on Ethics and the Profession

If you are a PA lawyer, and it feels like you’ve been hearing me deliver marketing ethics CLE hours for the Pennsylvania Bar Institute for more than a decade now, it is because you have. My very first ethics CLE ever was given in Philly, New York and Houston in the summer of 1997. I opened with some lame canned joke involving Morgan Lewis and domain names. Trust me, I’ve gotten better. But the even weaker handout is now a collector’s item. I still have an original (see “Hoarders” and related illnesses).

Each year, I change the focus and try to cover hot topics, and changing rules, as they relate to areas of law marketing ethics. Quite honestly, some years my “show” (as I call it) is better than others. Last year’s focus on ethics of social media was very well received. But this year’s focus on ratings, rankings and reviews might be the best one yet. I mean, really, who does not debate the value, interest and impact on the multi-zillion dollar “sell stuff to attorneys” industry?

I’ve written and spoken on the rankings & ratings subject for many years, including multiple ABA Annual Meetings, as a focus of the ABA Law Firm Marketing Strategies Conference, for PBI and in at least a half dozen publications. I’m not sure if the publishers of these companies will tell you they love me or hate me (it is probably a mix, leaning more toward the negative), but it is a market that continues to fascinate. This holds true in my marketing roles, in my ethics roles, and certainly in speaking as a leader in law practice management circles.

Published on: July 26, 2012

Yes Virginia, A Law Firm Blog is Advertising

by Micah Buchdahl

In April, I organized a CLE teleconference for the ABA Center for Professional Development entitled, “Is Your Legal Blog Compliant? Ethical Considerations in the Wake of Hunter v. Virginia State Bar“. The roundtable featured me, Virginia legal ethics legend Tom Spahn of McGuireWoods, big-time blogging employment lawyer Molly DiBianca of Young Conaway, and the man himself–Horace Hunter of Hunter Lipton. While the case, and the discussion, touched upon a number of legal ethics issues, the one that I personally paid the most attention to was the ongoing debate as to whether a lawyer blog constitutes advertising (thus, marketing) under the Rules of Professional Conduct.

As many of you know, as a marketing ethics guy, I’ve argued for years that a blog constitutes advertising, in the same way that any other web site would. The marketing part of me would love to agree with those that claim a blog is an editorial vehicle of sorts, and not necessarily promotional in nature. Hint: If a blog was not a marketing vehicle, I would not be writing this post! However, Micah the Ethics Lawyer will argue vehemently that a blog is unquestionably a form of marketing. You simply can’t start evaluating every online presence–a web site, a blog, a microsite, a Facebook profile, a tweet–to determine “on a case by case basis” if the content is marketing or not. If you’ve read hundreds of ethics opinions, disciplinary letters to firms, state by state versions of the model rules, you know that most state bars are simply incapable of effectively and accurately making those distinctions.

Recently, a three judge panel reaffirmed what I believed. The blog is advertising. Thus, an appropriate disclaimer was necessary on the web site. Mr. Hunter did prevail on the charge that probably was more serious in nature (for him) on whether client confidences were violated in the posts themselves. But in this case, Virginia has spoken–a blog is a web site and requires disclaimer language in step with what you would include on any other similar advertising component. Of course, this interpretation is limited to a single state. But everyone was watching to see this outcome, as a lawyer pushed the envelope and challenged the bar. According to Horace Hunter, though, he will appeal…and this story is not yet over.

Published on: July 9, 2012

Game-Changer: How the Internet Has Changed the Legal Profession

by Micah Buchdahl

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.

Published on: February 13, 2010

Friday, Februry 19, 2010–CLE with the Sixers: Lawyer Online Marketing Ethics – Dos and Don’ts of Advertising Your Law Practice in a Web 2.0 World

by Micah Buchdahl

What better place to repeat the ever-popular “online marketing ethics” course for lawyers than in my old stomping grounds, before a Sixers game at the Wachovia Center…where I was an in-house attorney back in the day.

This new PBI program includes an hour of ethics CLE and a Sixers game against the San Antonia Spurs. To learn more or to register, visit the PBI Site.

The possible tools are endless – web sites, blogs, LinkedIn, Facebook, search engine optimization, referral resources, e-mail, etc. – and so are the ethics opinions, rules and interpretations of state bars coast-to-coast. Thinking about the states where you are licensed, where you have offices and where you seek clients…and staying compliant is enough to make your hard drive crash. This one hour program will examine the tools and the rules, so you can go out and use the business development opportunities on the Internet without running astray of the Rules of Professional Responsibility.

Published on: May 11, 2009

Midsize is the new BIG. The Ultimate Law Firm Recruiting Video

by Micah Buchdahl

Partner Steve Johnson is finding that life at BIG LAW in the BIG CITY is no longer all he had hoped for. After finally getting a “sit down” with the Managing Partner, he comes to the realization that his career needs a change…maybe a midsize firm will be more to his liking.

This video was originally created for a midsize law firm’s recruiting campaign. However, the sit-com format proved a little too hot to handle. Maybe you recognize Steve’s plight…

Published on: February 1, 2007

Comply or DIE! New New York Lawyer Advertising Rules Take Effect Today…February 1, 2007

by Micah Buchdahl

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.

Published on: November 14, 2006

Setting Up a Law Firm Blog — Issues and Cost

by Micah Buchdahl

The November 2006 issue of Law Technology News features a cover story I’ve authored on the process of setting up a law firm blog today.

This is the story of DelawareIPLaw.com, brainstormed and created by three associates in the Intellectual Property section at Wilmington, Delaware-based Young Conaway Stargatt & Taylor.

For more information on this subject, feel free to contact me.

Published on: November 9, 2004

Florida Pit Bull Case “Discussed” in Gorilla Marketing Article

by Micah Buchdahl

I’ve studied Florida’s Pit Bull case for a number of years, and just prior to its recent court victory over the state bar, authored a piece about the ethics of animals in law firm marketing for ALM’s Small Firm Business. Read the ARTICLE at Internethttps://www.marketingattorney.com.

Published on: April 14, 2004

Introducing The Marketing Attorney Web Log

by Micah Buchdahl

Colleage/Lawyer Rick Klau told me I needed to look into this new thing called “blogging” a few years back. “It is the next big thing,” he told me. I had no idea what the hell he was talking about. Well…what I now refer to as the “poor man’s web site” (it is a whole lot easier to set up and maintain than a regular web site) is the new “hot” area (where intranets, extranets, and a whole ghost town of smoking features once walked). That is why I’m supplementing the infamous Internet https://www.marketingattorney.com site with a blog–to make suggestions, offer advice, and when needed, rant a bit. The weekly mailbag feature is a forthcoming staple. Thanks for visiting.