Ethics of Marketing & Public Relations

Just JDs: Biz Dev Strategies for Lawyers

Legal Marketing Association
Denver, 2010

Presentation by:

John Hellerman
Hellerman Baretz Communications LLC
and
Gina F. Rubel, Esq.
Furia Rubel Communications Inc.
 Agenda
Marketing vs. Public Relations
Ethical Considerations
Effectiveness of Public Relations (Recent
Research)
Proper Messaging
Maximizing PR’s Effectiveness
Q&A
 Marketing
vs.
Public Relations
 The Tool Box
…Some call it Advertising
…Some call it Marketing
…Some call it Business Development
…Some call it Branding
…Some call it PR

We call it Communications
 4 P’s of Product Marketing
The 4 Ps

Product
(attributes & packaging) Price

Promotion (Offers) Place (Distribution)

 4 C’s of Service Marketing
The 4 Ps

Customer Solution Cost

Communications Customer Service

(Interaction)
 The Magic 3

Results Finding Market Access

Reputations Knowing Differentiation

Relationships Choosing Selection

 P&G as a Law Firm

Procter & Gamble’s Products:

A Law Firm’s Products:

 The “Branding Process”

A firm becomes branded by the

reputation and performance of its
partners and associates over time.

(The more lawyers with credible reputations within the

firm, the better.)
 The Prism

Talent is the Product

The Firm is a Product Marketer

Shift Your Focus to Help the Firm Secure Talent-
New Business Will Follow
 Ethical
Considerations of
Law Firm Communications
 ABA Model Rules of Professional Conduct

 Rule 3.6 Trial Publicity

 Rule 4.2 Communication with Person Represented by Counsel
 Rule 4.3 Dealing with Unrepresented Person
 Rule 7.1 Communication Concerning a Lawyer's Services
 Rule 7.2 Advertising
 Rule 7.3 Direct Contact with Prospective Clients
 Rule 7.4 Communication of Fields of Practice and Specialization
 Rule 7.5 Firm Names and Letterhead
 Rule 8.5 Disciplinary Authority; Choice of Law
 Legal Communication Do’s

 Establish policies and compliance procedures

 Adhere to rules of all states where you do business or
seek clients
 Keep records / copies
 Steer clear of testimonials
 Avoid subjectivity
 Incorporate all necessary language
 Use disclaimers
 Legal Communication Don’ts

 Overtly solicit business

 Give legal advice
 Use subjective language referring to attorney or firm
 Create unjustified expectations
 Compare attorneys or firms
 Talk about pending cases (material prejudice)
 Ignore your state’s rules of conduct or multi-
jurisdictional considerations
 Effectiveness
of
Public Relations
 The Purpose
Use uncontrolled, and therefore
credible, participatory channels to
create, influence, and maintain
LUCRATIVE RELATIONSHIPS

“To make my firm money”

Proper Messaging
 What is News?
 Proximity: Does the news effect the outlet’s
audience?
 Impact: How much does the news effect the outlet’s
audience? More impact = Higher news value.
 Unusualness: Is the news different from the ordinary?
More unusual = Great news potential.
 Timeliness: How current is the news?
 Prominence: Who is involved?
 Conflict: Tension = News
 Creative
Ask business managers and in-house corporate lawyers the
thing that drives them crazy about lawyers, and one of the most
common responses is the time they spend waiting for a call
back.
“It’s absolutely one of my top three issues,” says James R.
Jenkins, Vice President of Legal and External Affairs for
United States Cellular Corp. in Chicago. “When I pick up the
phone to talk to a lawyer, it’s not about the weather; it’s
because I have an issue.”
Mr. Jenkins cites responsiveness as a key reason that his
company has long used the labor and employment law firm of
Laner Muchin, which guarantees clients a call back within two
hours.
 Typical

On July 16th, the law firm of Boring & Dull will

sponsor a seminar regarding the newest
Sarbanes-Oxley regulations and their effect on
corporations of all sizes.
 Creative
Sarbanes-Oxley regulations will cost American
corporations more than $55 billion, and that’s only if they follow
the rules.
“The tab for even the slightest non-compliance will cost a
company millions of dollars in fines and ‘fit-it’ fees,” explained
Steve Exciting, a partner in the law firm of Savvy, Power &
Wealth. “Companies can save themselves lots of headaches and
lots of dollars if they know what to do.”
On July 16th, Savvy, Power & Wealth will sponsor a
seminar for GCs of mid-size companies ($50 MM - $500 MM)
regarding the newest Sarbanes-Oxley regulations and what they
can do to avoid costly fines.
 Typical
Laner Muchin today announced that it has
introduced a “Two-hour Call Back Guarantee.”

Clients and prospects of the firm will receive a

return phone call within two hours of leaving a
message.
Maximizing PR’s
Effectiveness
 6 Ways to Maximize Effectiveness

 Measure What Matters

 Think in Campaigns
 Develop Branded / Strategic Content
 Leverage Successes
 Harness Web 2.0
 Evangelize Public Relations as Biz Dev Tool
 Measure What Matters

Ad equivalency measurements and fat

clip books are meaningless to law firms.

Reach is not as important as credibility.

Where’s the RFI? “Relationships From

Investments”
 Relationships Are What Matter

Energy spent generating interviews leading to third-party

quotes should be shifted to generate speaking and
publishing opportunities.

Doing so will generate more of everything over time.

 Think in Campaigns

 Focus on a narrow, niche issue

 Position yourself as an “expert”
 Create blogs, white papers, webinars, podcasts,
etc. around the issue

Benefits:
 Strategic
 Easy to Measure & Manage
 Relevant to ExCom
 Attracts Clients
 Material for Reprinting and Distributing
Develop Branded Content

Bringing expertise to
market is made safer
when firms do it through
branded and strategic
content.

Talent can walk; firm-

owned, branded content
can’t.
Harness Web 2.0
 Make getting the info easy.
 Give reporters options.
 Don’t hold back information they
are going to get in time anyway
 Recognize the credentialing power of
your prospects’ social networks; a
reprint from an unknown media
outlet referred by a “friend” can be
more powerful than one from the
Wall Street Journal they find on their
own.
 Blogs
Chat
Widgets
Rooms

Video Message
Sharing Boards

SOCIAL
Social
Media
Tagging MEDIA Micro
Blogs

Social Photo
Networks Sharing

RSS Podcasts
 Leverage Success

These aren’t just nice placements. They are excuses to connect

with people. Use them as valuable selling tools that create,
influence, and maintain lucrative relationships.
AND DON’T’ FORGET SOCIAL MEDIA
(Create only what is worth reprinting.)
 Speakers
Gina F. Rubel, Esq.
Furia Rubel Communications Inc.
215.340.0480 Office
215.704.6090 Mobile
gina@furiarubel.com
www.furiarubel.com
John E. Hellerman
Hellerman Baretz Communications LLC
202.274.4762 Direct
202.841.8153 Mobile
jhellerman@hellermanbaretz.com
www.hellermanbaretz.com