Unhappy clients often choose to file ethics complaints against their poor-performing lawyers. What leads to their unhappiness? It may come as a surprise, but most ethics complaints are not about incompetence. Instead, most complaints revolve around basic customer service expectations. They involve issues that, even without specific ethics rules in place, would make any reasonable person agree the lawyer should be disciplined. ... Read More

Every few years, state ethics officials issue a questionable decision in the legal marketing ethics area. The ones that make you scratch your head and think, “Really? What planet do they live on?” . . . . . . Today, the spotlight is on Ohio. What? I Can’t Hand Out a Brochure When I’m Speaking? Every good legal marketer knows that speaking at seminars is a tried-and-true method of reaching potential clients and enhancing one’s reputation. A recent opinion issued in Ohio would limit the marketing benefits of speaking engagements . . . Continue reading this post on www.attorneyatwork.com ... Read More

In most practice areas, a lawyer’s marketing efforts should focus on generating a strong referral pipeline—from both non-lawyers and lawyers alike. If those efforts are successful, you’ll probably need some guidance on referral fees. Here it is. There are Clear Guidelines—Mostly Continue reading this post on attorneyatwork.com ... Read More

It can be hard for legal marketing ethics experts to keep up with rapidly expanding modes of electronic communication, but the State of Ohio recently gave it a try. The issue was text messaging. Is a text message like an email, or is it more like an internet chat-room conversation, where the communication takes place in “real time?” If your answer to this question is, “Who cares?” my response is that lawyers should care. How you answer this question determines the legal and ethical guidelines that control when you solicit a client by texting. Continue reading this post at www.lawyernomics.avvo.com ... Read More

This week, the news broke that law firm Seikaly & Stewart is suing legal marketing outfit the Rainmaker Institute over implementation of a search engine optimization program that allegedly broke Google rules and damaged, rather than enhanced, the law firm’s online results. None of us opining about this development in the blogosphere has a clue surrounding all of the relevant facts regarding the litigation. And I don’t much care who wins or loses. I’d just like to use this case as a jumping off point to comment on the venom that seems to accompany the term “legal marketer” whenever it appears in the blogosphere. Let’s get it out in the open. Yes, at times, I earn money by providing legal marketing advice to clients who are la… ... Read More

Referral sources are the lifeblood of many successful attorneys. Old standby places to meet new people and establish relationships with referral sources include bar and trade associations, as well as business community organizations (such as Chamber of Commerce or Rotary). Although the missions of these groups vary significantly, referrals are the inevitable reward for active participation. Continuing reading this post at www.lawyernomics.avvo.com ... Read More

The most important ABA Model Rule governing professional conduct in the area of legal marketing is Rule 7.1, which covers communications concerning a lawyer’s services. All states have adopted this rule, worded exactly the same or very close to it. The rule provides: Continue reading this post on www.attorneyatwork.com ... Read More

It is the rare lawyer who is familiar with all the intricacies of legal marketing ethics rules. Most of them, however, seem to know that they must take care when using the word “specialize.” At the same time, most of these attorneys have no idea why. Continue reading this post to discover the answer. Source of the Specialist Rule In the 1970s and 1980s, some states and national organizations began to offer a process by which lawyers could become certified specialists in select practice areas. Typically, this involves a CLE requirement, a level of practice experience, peer review and testing. Rule 7.1, which prohibits “false and misleading” statements, didn’t prevent the misuse of term specialist in the eyes of the regulators. A se… ... Read More

I enjoy the holiday season for many reasons. One is because Hollywood usually releases a few decent and entertaining movies. One movie that earned a respectable amount of praise this season is Steven Spielberg’s Lincoln. If you read the reviews, or talked to friends and colleagues who have seen the movie, you’ve probably heard a common refrain: “I didn’t know that Abraham Lincoln did that.” Lincoln the Trial Lawyer Most of you should remember from your history classes that Lincoln (like many presidents) was a lawyer. You may even recall that he was a famed Illinois trial lawyer. But you probably don’t know that Lincoln the lawyer was just as skilled at marketing his own services as he was in the courtroom. By today’s standards… ... Read More

When U.S. News & World Report decided to rank law schools, this ranking – for better or worse — fundamentally changed the law school admissions process. Continue reading this post on myshingle.com ... Read More

In a previous post dealing with the ethical traps in networking, I discussed how “asking for business” can run afoul of the ABA Rules of Professional Conduct. In this post, I want to discuss how “asking for business” can be ineffective as well as a business development tactic. Continue reading post on www.solopracticeuniversity.com ... Read More

Done right, networking is essential for growth; Done wrong, networking can be unethical For solo lawyers in almost all practice areas, success depends on the relationships you develop through personal networking. Many of you already know that and are actively networking. What you may not know is that a lawyer’s networking activities are governed by ethics rules. While my goal is clearly not to inhibit your networking efforts or put a damper on your enthusiasm for interaction with potential clients or referrers of clients, I do want to point out some of the ethics rules so you will be more aware of these tripwires that land unsuspecting lawyers in hot water. Continue reading this post on solopracticeuniversity.com ... Read More

In a draft proposal issued last month, the ABA Commission on Ethics 20/20 recommended no new restrictions relating to online marketing. The Commission did offer some useful guidance on how to interpret some web-based marketing tools within the context of existing ethics rules – guidance that I intend to pass along to the solo and small-firm lawyers that I coach. Continue reading this post on myshingle.com ... Read More

In the famous 1977 Bates decision, the U.S. Supreme Court recognized that lawyers have First Amendment rights, too; legal advertising is constitutionally protected commercial speech. Prior to that, state’s ethics rules prohibited all advertising — and we never saw any of those amusing (and not so amusing) lawyer commercials on television. Continue reading this post on myshingle.com ... Read More

It’s been a few years since lawyer rankings and ratings have been prominently featured in legal media circles. Four years ago, regulatory officials in New Jersey determined that it was “false and misleading” for lawyers in that state to advertise their selection by Best Lawyers or Super Lawyers. After a long legal battle over what was referred to as Opinion 39, (I helped defend Super Lawyers), the New Jersey Supreme Court determined that the selection processes for both publications were bona fide and that lawyers have a First Amendment right to promote the accolade. Since then, things have been pretty quiet other than the usual debate among legal marketers about the degree to which any of the rating services matter from a marketer’… ... Read More

Perhaps the most effective networking is a one-on-one setting over coffee or lunch. That is usually within most people’s comfort zone. But how comfortable are you when attending a conference with a room full of strangers. Can you “work the room” without breaking into a cold sweat? Here are a few simple tips to keep your palms dry. You do not have to meet everyone While hundreds of people may be in the room, if you meet 10-20 new people, you are doing great. Even if you only meet 5, that is 5 more people than you knew before. Look to meet someone new who is talking to someone you already know An easy way to meet a new person is when you see someone who you do not know, talking with someone who you do know. That should be in your comfor… ... Read More