Articles Tagged with law marketing ethics

Published on:

ABA Law Practice Magazine

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.

Published on:

ALI-300x108When ALI CLE asked me to present an ethics CLE on lawyer advertising, I hesitated. After all, I’ve been teaching this course across the country for more than 20 years. But the timing was right. There were hot-button issues sitting on my desk, and the equally red-hot debate over making the first substantial changes to the Rules of Professional Conduct related to law firm marketing since Bates v Arizona in 1977. So I said yes.

In the days leading up to my presentation (taped on March 23rd), there were articles in the local (Philadelphia) daily newspaper discussing geo-targeting billboards for Johnnie Cochran’s law firm (despite the fact that the famed OJ Simpson attorney passed away in 2005). There was U.S. District Judge Cynthia M. Rufe of the Eastern District of Pennsylvania dismissing the remaining (false advertising) claims in Larry Pitt’s lawsuit against competitor Lundy Law. I discussed earlier Pitt-Lundy battles in the 2013 version of my CLE. Yet they are both news items here in 2018. Social Media has been an integral part of my CLE since flashing up my MySpace profile in 2007. While I tout Facebook as being an integral part of marketing for many attorneys, the news was also covering just how our data was being used by the likes of Cambridge Analytica—that same market data we use to generate prospective clients was also being used for evil, and not good. The news was not fake, but apparently some of the Facebook users were. And, of course, there is the debate over proposed changes to the ABA model rules (for advertising and solicitation), scheduled to go before the House of Delegates this August during the ABA Annual Meeting in Chicago. So if that is just what is going on in my neck of the woods, and at the national level, you can imagine what else is out there.

If you are in need of an ethics credit for continuing legal education compliance and/or your law firm markets—this is a perfect use of one hour to catch up on the latest trends and discussions related to the always-prickly subject matter of appropriate (and inappropriate) lawyer advertising and solicitation.

Contact Information