1.
Ethical and Legal Issues
Associated With Law Firm
Marketing, Business
Development, and Public
Relations
Course #901372367
Association of Legal
Administrators of Houston
February 21, 2017
STACEY BURKE
ATTORNEY/OWNER
1800 BERING DR., SUITE
1010
HOUSTON, TEXAS 77057
OFFICE: (713) 714-8446
STACEY@STACEYEBURKE.COM
WWW.STACEYEBURKE.COM

2.
Stacey Burke
Licensed Texas lawyer since 2001 (Texas state courts, Eastern and Southern
Districts of Texas, Fifth Circuit)
Select Speaking Engagements and Publications
• Legal Technology
 Needles Case Management Software
 MyCase Case Management Software
• Legal Industry Professional Associations and Publications
 American Association for Justice
 Asian American Bar Association
 Houston Bar Association
 Houston Trial Lawyers Association
 Kentucky Justice Association
 Law Firm Marketing Mastery
 State Bar of Texas
 Texas Bar Today
 Texas Women Rainmakers CLE
 Trial Magazine
 University of Texas Law School CLE
• Public Relations and Marketing Professional Associations
 American Marketing Association
 Houston Social Media Breakfast
 Public Relations Society of America
www.staceyeburke.com

3.
Raising Your Brand Profile
• Marketing:
– Support, open doors for business development
– Develop messaging and promotional materials
– Attract new clients by positioning law firm well
to identified potential “client profile” and
showcasing how firm can meet their needs
• Business Development:
– Identify prospects
– Make sales using marketing materials
• Public Relations:
– Promote the client, the law firm, and the law
– Draft media relations plans and trains
spokespeople
www.staceyeburke.com

4.
Marketing
www.staceyeburke.com

5.
Raising Your Brand Profile: Marketing
What is marketing? PUSH
• The process of planning & executing
the conception, pricing, promotion and
distribution of ideas, goods and services
to create exchanges that satisfy
individual and organizational objectives.
American Marketing Association
• The management process responsible
for identifying, anticipating and
satisfying customer requirements
profitably. Chartered Institute of Marketing
www.staceyeburke.com

6.
Raising Your Brand Profile: Marketing
• SBOT Rules
– Approval process varies by media type and audience (lawyers or not)
– Bulk of violations occur under Rule 7.02 “Communications
Concerning a Lawyer’s Services”
• Case results / past successes
• Stating that a lawyer is an “expert” or a “specialist” – Board
Certification (specifically mandated format)
– Must state “ADVERTISEMENT” Rule 7.05 in all caps, separate from
other text on the first page and the envelope or subject line
• ABA Rules – general guidelines but the Texas rules are more specific,
have significant commentary, and are stricter
• Tex. Penal Code §38.12 – Texas barratry statute makes it a crime to
solicit clients. Exceptions: current clients, former clients, and relatives.
• CAN-SPAM Act
– Governs “any electronic mail message the primary purpose of which
is the commercial advertisement or promotion of a commercial
product or service”
– Give recipients the ability to OPT-OUT
– Each separate email violation is subject to penalties of $16,000
www.staceyeburke.com

7.
Raising Your Brand Profile: Marketing
• Integrated Marketing Strategy
• Focus: Inbound Digital Marketing
– Blogs
– Email Marketing
– Pay-Per-Click / AdWords
– Search Engine Optimization
– Social Media and Social Ads
– Website Disclaimer
Expert Tip:
Testimonials + Reviews =
Social Proof
www.staceyeburke.com

8.
Is My Marketing Working?
• Google Analytics
• Social Media Key
Performance
Indicators
• Call Tracking and
Recording
• Tracking Emails
• Form Submissions
www.staceyeburke.com

9.
Business Development
www.staceyeburke.com

10.
Raising Your Brand Profile: Business Development
• What is business development? PULL
– Selling is the ultimate result of marketing
• Variation by law firm and practice area (to who and how)
• Types:
– Events
– Professional Networking
– Publication Opportunities
– Social Engagements
– Speaking Opportunities
– Sponsorships
• Business lifecycle for prospects, clients, and referral
sources
www.staceyeburke.com

11.
How Do You Track Business Development?
A. On my calendar
B. In Outlook
C. On a notepad
D. I don’t
Why it matters:
• Do you get paid more for the business you bring in or are
you required to bring in a certain amount of business?
• Your firm’s financial survival in an increasingly
competitive industry.
• Keep track of your time to see if the time you invest and
how you invest it are working and worthwhile – AND see
which parts you can automate!
www.staceyeburke.com

12.
CRM Cycle for Prospects
www.staceyeburke.com
Need
Contact
Courting
Paperwork
(Pre-Nup)
Marriage?

13.
CRM Cycle for Clients
www.staceyeburke.com
PNC
Client
Matter
Handled
Resolution
Post-
Matter

14.
Law Firm Customers: Clients
Boosting client satisfaction and maintaining
compliance with ABA Rule 1.4:
• Personalized communication
• Consistent contact person who is
knowledgeable about their case
• Be responsive
• Monthly or quarterly updates
• Keep track of feedback
www.staceyeburke.com

15.
Raising Your Brand Profile: Business Development
Automation via CRM
• Ethical issues when using a CRM for client
communications:
– Confidentiality
– Security
– Accessibility
• Helps lawyer comply with ethical obligation
(ABA Rule 1.4) to keep client reasonably
informed
• Training
• Personalization and customization while
maintaining consistency
www.staceyeburke.com

16.
Public Relations
www.staceyeburke.com

17.
Raising Your Brand Profile: Public Relations
• Understand the journalist’s perspective (human
element)
• Lessons learned from past media interview
experiences:
– Typical PR strategies are often inappropriate or can
be detrimental to a lawsuit – you must take the
litigation strategy into account every step of the way
– Client preparation and sensitivity to their feelings
– See if you can get the questions in advance or at
least a general idea of what they will cover
– Know what areas to avoid and how to respectfully
decline
– Establish groundrules
www.staceyeburke.com

18.
Raising Your Brand Profile: Public Relations
• Pay attention to media interview formats
(print, phone, TV/radio, email, social
media)
• Client confidentiality
• Protect client/reputation management
• Make your client’s viewpoint known
• Influencing outcome of litigation with
media pressure
• Helping public understand complex legal
issues versus contaminating jury pool
www.staceyeburke.com

19.
Raising Your Brand Profile: Public Relations
Sharing/Repurposing Media Coverage:
• Email Marketing – link to article and
embed video
• Digital Press Release – wait for earned
media to share
• Social Media – obtain video and rights to
upload to your own YouTube channel
and embed in your website
• Website - press section, blog post with
embedded media coverage, add to bios
www.staceyeburke.com

20.
www.staceyeburke.com
Facebook.com/MarketingLawyer
s
@StaceyEBurke
www.SlideShare.net/StaceyBurke
http://bit.ly/SEBPCnews
Text NEWSLETTER to 38470
Text LAW to 38470

21.
STACEY BURKE
ATTORNEY/OWNER
1800 BERING DRIVE, SUITE 1010
HOUSTON, TEXAS 77057
OFFICE: (713) 714-8446
STACEY@STACEYEBURKE.COM
WWW.STACEYEBURKE.COM
Course #901372367