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
Communications
Cost
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 TalentNew Business Will Follow
Ethical
Considerations of
Law Firm Communications
ABA Model Rules of Professional Conduct
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Rule 3.6
Rule 4.2
Rule 4.3
Rule 7.1
Rule 7.2
Rule 7.3
Rule 7.4
Rule 7.5
 Rule 8.5
Trial Publicity
Communication with Person Represented by Counsel
Dealing with Unrepresented Person
Communication Concerning a Lawyer's Services
Advertising
Direct Contact with Prospective Clients
Communication of Fields of Practice and Specialization
Firm Names and Letterhead
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
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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 multijurisdictional 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
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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; firmowned, 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
Widgets
Chat
Rooms
Message
Boards
Video
Sharing
Tagging
Social
SOCIAL
Media
MEDIA
Micro
Blogs
Photo
Sharing
Social
Networks
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