Making a name for yourself isn’t easy, especially in the competitive legal world. You want to get the word out about your helpful services, but self-promotion can often be viewed unfavorably; you don’t want to give the impression that you’re always trying to sell something or else a person could sour on you completely. Even more importantly, you should always remain ethical in your marketing efforts lest you find yourself violating the Rules of Professional Conduct and facing down the disciplinary board. Read on for valuable tips on navigating the ethical minefield of attorney marketing.
Know the rules. In the past, attorney marketing was prohibited by state bars, but eventually it was ruled that it fell within the first amendment, and that truthful advertising should be permitted. The public deserves to know what services are available to them, especially when they're in need of legal aid.
However, there are still many rules surrounding attorney marketing that should be taken into account. For example, you cannot bribe previous clients with rewards for positive recommendations, and you cannot pay for celebrity endorsements. This might be okay for other products, but certainly not the services of lawyers. Read the full list of rules for attorney advertising in Pennsylvania here. Keep in mind that each state might differ in their rules.
And remember, the PBA is always ready to assist if you have any questions surrounding ethics.
Honesty is vital. While many advertisers get away with bending the truth, attorneys can do no such thing. You must be 100% truthful in marketing your services. That doesn't stop at outright falsehoods. This includes any statements that might be misinterpreted or have no evidence to back them up. For example, saying “We are the best law firm in the county!” is a statement that can’t be proven. Do not claim to be an expert or guarantee success for your clients, because that’s not always within your control. Instead, show this through positive testimonials from past clients or by demonstrating your knowledge in your own online space.
Avoid comparing yourself to other law firms, as well—it’s in poor taste. Just put your best foot forward and let the potential clients make comparisons on their own.
To learn more, check out this article on aspirational goals for lawyer advertising from the American Bar Association.
Honor your clients’ wishes. If a client wishes to be removed from your email list, you must comply. If a client wishes to remain anonymous, you must comply. Confidentiality between you and your client is integral. Never violate that trust and always honor their wishes or requests.
Remember that potential clients must not be subjected to aggressive solicitation, especially those who are in vulnerable situations. Instead of actively seeking out these clients, you must let them come to you through other efforts: print advertising, online marketing, and referrals are just naming a few methods. Cultivate an awareness for your firm and you will gain clients at your doorstep naturally.
Know what’s at stake. False advertising affects everyone negatively. You and your client might not be the right match, leaving them unsatisfied and blasting you with negative reviews online. Your reputation and law firm could crumble from bad press. Dishonest marketing can also lead to a broader distrust of lawyers in general. For the sake of the profession, you should always aim for sound, ethical marketing.
Double check your work. It’s always safe to have multiple eyes on a project. Have someone check over your marketing efforts, whether it's your fellow coworkers or a team of advertising professionals. This will not only help you avoid any ethical pitfalls, it’s also a great way to proofread.
There are plenty of legal marketing agencies that would be happy to take the burden of becoming known off your hands. Check out some of the top companies on this ranking by Design Rush.
Want to learn more about marketing for lawyers? Keep an eye out for our soon-to-be-released whitepaper all about the basics of marketing your law firm!
