Social Media can be a powerful marketing tool for your law firm. But without a macro strategy in place or an understanding of the ethical implications of posting online, you may find yourself losing money or even violating statutory prohibitions.
5. • President of Attorneys Master Class and
Master Practice Advisor, Dustin Cole is
one of the nation’s leading advisors to
law firms and lawyers.
• He has spoken at every solo & small firm
conference nationwide, and is a regular
CLE provider and speaker for more than
50 national, state and specialty Bar
associations.
• He has worked with over 200 firms and
more than 1000 individual attorneys in 30
states to help them grow their practices
and deal successfully with the major
changes in the profession.
6. Guiding Principle of the Day
Social Media Marketing is MARKETING.
ABA Rule 7
Information About Legal Services,
applies.
(Unfortunately)
7.
8. Application of Rules
Applies to . . .
. . . All forms of communication
. . . All lawyers who advertise
. . . All communications to referral sources
. . . But NOT to lawyer-to-lawyer
communications
9. 7.1
Not Deceptive or Misleading
Can’t lie or mislead (!)
Can’t omit to mislead
Can’t misrepresent fact or law
Can’t imply something “not in evidence”
10. 7.2 Advertising
You CAN advertise(!)
You CAN’T give “anything of value” for a
referral, except for
Paying official (approved) referral services
Directory advertising
You CAN:
Pay “reasonable” (?) advertising costs
11. 7.2 Advertising
You CAN:
Pay normal fees of a legal service plan or not-
for-profit referral service “approved by a
regulatory authority”
Refer to another lawyer or professional if
•The agreement isn’t exclusive
•The client is informed (in their agreement)
A kind of “co-counsel” allowing fee-sharing or referral
fees
12. 7.2 Advertising
All advertising MUST INCLUDE:
Lawyer and/or firm name
Where located
13. 7.3 Solicitation of Clients
You can’t contact them first unless they
are:
Another lawyer
Family, personal or professional friend
You CAN contact anyone who has asked
you for information (contacted before)
You can’t do it in ANY WAY if:
They have said “don’t contact me”
The solicitation involves coercion, duress or
harassment (!)
15. 7.3 Solicitation of Clients
Any “advertising” – written, recorded,
electronic must include the words
“ADVERTISING MATERIAL” on outside, or
at beginning or end of communication
You CAN use a legal service plan that
solicits.
16. 7.4 Communicating Fields of
Practice and Specialization
You can tell people what type of law you
practice.
You can say “Patent Attorney” if you’re
admitted to the US PTO
You can say “Admiralty” if you are one
17. 7.4 Communicating Fields of
Practice and Specialization
You CAN’T say “certified” unless:
You’ve been certified by an ABA-approved or
state authority
AND you name the certifying organization
18. 7.5 Firm Names & Letterhead
Can’t violate 7.1 – “False or Misleading”
“Law Group” – for a solo?
If multi-jurisdictional – have to ID who can
practice where
Can’t use name of a public office holder in
name or communications
Can’t claim you’re a partner unless you are
19. 7.6 Political Contributions to
Obtain Legal Engagements or
Appointments by Judge
If you contributed – you can’t accept
work or an appointment – if you made the
contribution for that purpose!
20. Critical Distinctions
Types of communications
Personal
Business/legal
Message
Comments, suggestions, “conversations”
Direct solicitation:
“Call me, I can help,” etc.
21. Critical Distinctions
Contact categories:
PERSON HAS
•Requested information
•Signed up – Twitter, LinkedIn, FaceBook, blog
•Knows you’re a lawyer
PERSON HAS NOT CONTACTED YOU
Lawyers
27. CHAT ROOMS –
LISTSERVES - GROUPS
Business:
Comments
Suggestions
General
Advice
(with disclaimer)
“Call me”
Response to
specific
requests
for
information
“I can help”
Website link
28. CHAT ROOMS –
LISTSERVES - GROUPS
Business:
UPL
DISCLAIMER - ALWAYS
NO SOLICITATION
ACCIDENTAL CLIENT
UNEXPECTED CONFLICT
29. Subscribers: “requested information”
Clients, past “requestors” – OK to send
-- Always an “unsubscribe” option
option
Can’t actively solicit subscribers outside
existing “permission” contacts
Others can forward & refer posts
(tweets, Facebook & LinkedIn to)
Unethical to pay someone to do it.
Legal Blogs
31. Your best, cheapest (and
safest) referrals will come from
other lawyers. . .
SO –
Focus on lawyer groups!
Create your own!
32. Articles:
Other people’s blogs, social media sites
Same rules apply!
Information, commentary OK
Solicitations – NOT OK.
Someone else sending it out does not change
its purpose!
33. Articles: A Caveat
Ghostwriters: an ethical no-no
You can edit and list yourself as “editor”
34. Big Picture:
“Broadcast” vs individual conversations
Responsive rather than initiating
Advice, comments vs. solicitation
“Available” information (articles) vs.
directed information
35.
36.
37. Social media:
The new “MBWA”
Usually no plan or focus
No tracking of results
Can be immensely time consuming
Becomes an addiction – obsession
Original intent has been subverted
39. 1. WHO you should be talking to
Communicate with those in your market
area – not indiscriminately
Engage with those who have reasonable
potential to need your services
Interact with professionals and others
who can refer you business – whose
focus overlaps with yours – especially
other lawyers
40. 2. WHAT your message should be
NOT sales and self-congratulation
Topical, relevant comments & articles
Helpful and useful information
Not just legal topics – community
activities, comments on local issues
Engage, inform, support to encourage
continued connection
41. 3. WHEN to communicate
Not when something happens to YOU
When something happens that is
important to others.
Human interest, support, celebration,
congratulations, honor, observance
Regularly – remember:
Top of mind awareness
Synchronicity
42. 4. WHERE you should communicate
Find your target audiences
In target interest groups
In forums, groups in your market area
IN RELEVANT LAWYER GROUPS
43. 5. HOW you should communicate
Frequently
Briefly
Interestingly
Helpfully
Inspiringly
Memorably
44. The 6th Principle
Do it EFFICIENTLY!
SCHEDULE and manage social media time
Avoid social media addiction
Avoid the social media time sink
Minimize social media interruptions
Turn off auto-retrieve and auto-notify
Protect time for legal work and client care
45. AND. . .
MEASURE your results
Re-think, refine, refocus
NARROW your social media targets
Maximize your results
Minimize your time
47. The Steps
Identify & participate in target groups
Be interesting, topical, helpful, readable, even
controversial (no sales)
Encourage “forwarding”
Build followers
Look for, encourage and respond to specific
questions, requests for help
When questions come – you have jumped the
“solicitation” barrier
Encourage personal contact – phone, meeting
48. For an Hour of Advice. . .
FREE
Call 407-830-9088
“MyCase webinar”
Schedule a Time to Talk
50. Poll#1: Which of these groups can
you NOT contact without prior
permission?
a) Strangers who have never contacted you?
b) Family and friends
c) Other Lawyers
50
51. Poll #2 What Rules apply to
Facebook, LinkedIn, blogs and
contributions to other blogs?
a) Just the certification identification
b) Just the writing and article content
c) All of them
51
52. Poll#3: What is the major
shortcoming of the use of social
media?
a) Not enough feedback
b) Too complicated
c) No focus or discipline
52