Ethical Considerations When Using Legal Marketing Firms
by Taylor Lake
It is common today for law firms to ally with professional marketing firms to manage their client marketing campaigns. This reliance must be based on a foundation of trust by the law firm’s customer in the marketing firm’s ability to understand and comply with attorney ethical obligations concerning advertising and communications.
KPC Marketing is a digital marketing company that specializes in supporting law firms. In this article, we discuss some of the ways we expand our clients’ marketing reach while adhering consistently to the attorney advertising standards established by the American Bar Association (ABA).
The ABA presently identifies three model rules for attorney advertising and marketing communications. These rules apply to:
Rule 7.1 – Communications Concerning a Lawyer’s Services - General
The cornerstone of attorney marketing is truth in advertising. Before we begin any marketing for your firm, we ensure that we fully understand who you are: your attorney qualifications, the areas of law you practice in, and the kinds of clients you represent. In this way, our statements about your practice avoid the risk of misunderstandings that could mislead the public or your target prospects.
Rule 7.2 – Specific Considerations Concerning Communications About Lawyer Services
This rule allows your firm to use the services of a marketing support firm, subject to the following guidance:
- Your communications cannot claim, nor imply, that your attorneys are specialists unless they have specialist qualifications through the ABA or an appropriate, clearly identified state-level authority; and
- At least one of your firm’s lawyers must be named in any marketing communication, including contact information for that individual.
From a marketing support perspective, this means that your marketing company must always keep your attorneys at the forefront of prospective client visibility.
We serve as your invisible marketing partner. Your website, blogs, and ads will clearly showcase your firm and its lawyers, emphasizing your specialized qualifications without overstating or misleading the public.
Rule 7.3 – Solicitation of Clients
It is permissible to solicit new clients if the solicitation does not cross three key boundary lines:
- Approaching prospective clients mainly for the pecuniary gain of the attorneys.
- Approaching clients who do not want to be contacted.
- High-pressure solicitations that involve coercion, duress, or harassment.
Effective solicitation focuses on the practical and, to some degree, the emotional needs of the client prospect. For the attorney marketing firm, it is critical to understand what your law practice offers potential clients that they will find persuasive and compelling from their own sense of self-interest, without crossing any of the red lines of Rule 7.3.
Ethical Attorney Advertising Strategies
With a firm understanding of the ABA rules governing advertising and solicitations, it is possible to refine effective marketing methods and means that are consistent with your ethical obligations. What follows are some of the strategies that our legal marketing professionals at KPC Marketing Services use for our attorney clients.
Avoiding False Claims
We work closely with you to make sure that every claim you make in your online content and advertising is accurate and truthful. We do not guarantee outcomes or leave room for mistaken conclusions about your areas of practice and specialization. If disclaimers are necessary or appropriate to ensure the veracity of our communications, we include them.
Knowing Your Prospect Audience
Asking for business is not an ethical violation if you know the prospect needs the kind of legal services you provide, and your communication focuses on addressing those needs. The key to avoiding issues with prospect solicitation is to have a thorough understanding of your target audience and their need for the legal services you offer.
We ensure that your firm’s communications consistently focus on the concerns of your audience, doing so in a way that is empathetic and relevant to them, thereby minimizing the risk that your message will be perceived as self-serving.
Proper Use of Testimonials
A client testimonial is a powerful form of social proof for your firm. Still, it must be obtained with the client’s written consent and state the client’s outcome in a way that does not raise concerns about perceived veracity or give a false impression about the outcome that a prospective client might receive.
We can help you gather effective client testimonials that maintain client confidentiality and strictly conform to the ethical guidelines you must comply with.
Effective Firm Reputational Management
Online reviews can be as valuable as client testimonials, but you have no control over them. Positive reviews are welcome, but what happens if you receive a critical one? Letting it go without a response is not a good choice because of the risk that those who see it will take your non-reply as a tacit admission against your own interest. But replying in an ineffectual manner can be almost as bad.
A combative response to a negative review can be counter-productive to your firm’s reputation. One that inadvertently discloses client confidential information can be even worse.
We can help you monitor your firm’s brand online and work with you to craft measured, courteous responses that offer a constructive resolution to negative reviews. In this way, we can defuse a potentially harmful public perception while upholding your professional reputation and your ethical obligations.
Call KPC Marketing for Your Law Firm Marketing Needs
Having a marketing partner for your law firm can be the force multiplier you need to grow your practice to where you want it to be. However, not every marketing company specializes in working with attorneys and understands the ethical constraints you must adhere to.
At KPC Marketing, we have legal marketing specialists with more than 25 years of combined experience in legal writing, branding, and strategy. We are not just marketers; we are JD-trained strategists, licensed attorneys, and legal marketing specialists who understand your world.
From law firm branding through thought leadership, business development, and reputation management, we build strategic partnerships that help your law firm to grow while staying firmly within your state bar association’s ethical requirements.
Call us today at (800) 457-2627 to speak with one of our legal marketing specialists and schedule a complimentary consultation. You can also use our online contact form to let us know the types of marketing support you need, and we’ll get back to you.
