Justia Connect Webinars Fast-Mover Advantage: Law Marketing Ethics Issues in a Race for Clients

Fast-Mover Advantage: Law Marketing Ethics Issues in a Race for Clients

At 12:43 pm on June 27, 2022, an Amtrak train derailed in Missouri, with 200 passengers onboard, killing four. By 5 pm, there were attorney web pages geared toward crash victims and their families. By 9 am the next morning, law firms were announcing not only lawsuit filings but clients that had been retained. The days of the 30-day solicitation moratorium are gone—if not in writing, in spirit. Law firms struggle to compete in a fast-moving marketplace where the Rules of Professional Conduct vary state by state in regulations and enforcement.

Understanding the myriad of ethics issues that arise in the day-to-day workings of a law firm is more complicated than you might think. And perhaps there is no area of the business of law practice that is more complicated than compliance with concepts surrounding marketing, advertising, solicitation, and business development. What are the relevant Rules of Professional Conduct? Which state bars regulate my practice? What safeguards does your law firm take to ensure compliance with the RPC, especially Rules 7.1-7.5, and avoid a letter from the disciplinary board, or a malpractice claim from a client?

This program provides an overview of the many tools attorneys are using today for business generation, and the American Bar Association and state bar ethics opinions, court decisions, and rules that relate to areas such as digital marketing and social media, trade names, public relations, lead generation, ratings and rankings, responding to online reviews, and areas that you most likely have never considered. If you don’t think this relates to your law firm, think again...whether you are a sole practitioner or a Big Law partner, an aggressive plaintiffs’ firm, or a corporate defense practice...the ethical considerations in business development initiatives touch every law practice.

Topics covered include:

Legal Marketing Law Practice Legal Ethics

Agenda:

Marketing Your Firm: Bates v. Arizona

The difference between law firm marketing in the past and the present
Creative advertising and relevant ethical implications
How quickly law firms move to market themselves after an accident or particular situation in the news
An overview of modern marketing methods such as buying domain names, using social media, geofencing, and remarketing

PR & Content Marketing

A review of different law firm press releases and what purpose they serve
How law firms use press conferences and whether they implicate ethics issues
Is an attorney's blog an ad subject to attorney advertising rules?
When does content marketing, such as podcasting or writing a book, become subject to attorney advertising rules?

Attorney Advertising & The Rules of Professional Conduct

Ethical considerations include advertising restrictions, the attorney/client relationship, competence, confidentiality, conflicts, the unauthorized practice of law, multi-state jurisdiction, solicitation, and fee-sharing
Marketing ethics such as disclaimer language, testimonials and endorsements, ad approvals, ratings and rankings, and social media

How Are Attorney Advertising Rules Enforced?

Consumers, state bar disciplinary arms, and complaints by other lawyers kickstart grievances
Rules are enforced by state bars and courts, consumer protection laws, criminal cases, and external forces like Google
Potential sanctions

Solicitation & Ethics Issues

Ethics opinions on solicitation
Lead generators and an attorney's obligations
Can a lawyer buy a lead?

Ethics & Modern Advertising

Creative advertising
Competition from lawyers and non-lawyers
What rules come into play in grievances regarding attorney advertising?
How has attorney advertising evolved and have attorney advertising rules changed?

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: March 15, 2023 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:01 Introduction

Micah Buchdahl has significant expertise in legal marketing and ethics. Micah begins by discussing the evolution of legal marketing, referencing historical changes since the Bates decision in 1977. He notes the shift from traditional advertising to modern platforms like TikTok, illustrating the dynamic nature of legal marketing.

05:03 Evolution of Legal Marketing

Micah discusses the evolution of legal marketing, highlighting early adopters like Miles and Top Gun DUI who prospered despite initial criticism. He describes innovative advertising methods, such as ads on Uber and Lyft cars, and the rapid response to incidents like the Amtrak crash for client acquisition. The concept of 'fast mover advantage' is introduced, emphasizing the need for quick action in marketing after accidents. Micah explains 'news jacking' and 'geofencing' as modern marketing strategies, illustrating the aggressive nature of some attorneys' practices in capturing clients quickly.

10:16 Modern Marketing Techniques and Ethical Considerations

Micah elaborates on modern marketing techniques like remarketing, retargeting, and OTT/CTV advertising, which target specific audiences effectively. He touches on ethical concerns with AI technologies like ChatGPT, highlighting potential issues in legal marketing. The distinction between advertising and content marketing is discussed, with examples like press releases and podcasts. Micah emphasizes the importance of understanding whether content is promotional or informational, affecting its classification as advertising. He illustrates how content marketing can establish expertise and generate long-term opportunities, using examples like his own articles.

20:17 Advertising Rules and Enforcement

Micah discusses ethical considerations in legal marketing, focusing on disclaimers, deceptive content, and the use of testimonials. The role of state bar disciplinary arms and attorney complaints in enforcing advertising rules is examined. Micah notes that consumers rarely complain about legal advertising, understanding it as marketing rather than misleading information. He explains how advertising rules are sometimes used strategically by defense counsel against plaintiff's attorneys.

34:33 Solicitation and Lead Generation

Micah addresses solicitation rules, referencing the ABA's formal opinion 501 and the responsibility lawyers have for their staff's actions. He discusses the ethical challenges of lead generation, emphasizing the distinction between paying for leads and client referrals. The importance of vetting lead generation companies to ensure compliance with professional conduct rules is stressed. Micah provides examples of unethical practices in lead generation, such as unsolicited emails and misleading advertising. He highlights the significant investment in personal injury advertising and the competitive nature of the market.

44:19 Multijurisdictional Practice and Competition

Micah explores the challenges of multijurisdictional practice, including compliance with varying state rules and unauthorized practice of law. He discusses the impact of virtual law firms and non-lawyer entities like DoNotPay on the legal market. The difficulty of enforcing advertising rules across state lines and against non-bar members is highlighted. Micah emphasizes the need for law firms to understand the jurisdictions they operate in and the associated ethical obligations. He notes the evolving landscape of legal marketing, including the use of trade names.

54:26 Conclusion

Micah concludes by discussing the importance of understanding ratings, rankings, and the impact of Google reviews on legal marketing. He highlights recent model rule changes addressing technology and cross-border issues, aiming for uniformity and simplification. Micah advises on the importance of proper disclaimer language and avoiding misleading content on attorney websites. He suggests that smaller firms consider hiring marketing professionals to navigate the complex landscape of legal marketing.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

Micah Buchdahl Attorney
HTMLawyers

Micah U. Buchdahl is a Pennsylvania-licensed attorney assisting law firms with business development initiatives. Based in Moorestown, NJ, he is president of HTMLawyers, Inc., a law marketing consultancy. Micah is known for his ethics counsel as it pertains to law marketing, advertising, and compliance. He is a member of the Association of Professional Responsibility Lawyers and a past chair of the ABA’s Law Practice Division. Micah attended Temple University both as an undergraduate (B.A., journalism) and for law school (J.D., 1991).