Legal advertising

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Legal advertising is marketing by law firms and attorneys.

Contents

[edit] Marketing and advertising by lawyers in the United States

There is no standard definition of what constitutes legal advertising.[1]

Legal marketing is broader than advertising, as it also includes client relations and public relations.[citation needed]

Legal marketing has reached new levels with the addition of online marketing. Internet legal marketing allows attorneys and law firms to reach prospective clients far beyond the reach of traditional marketing or networking activities. Online marketing allows you to network with people you would not come into direct contact otherwise.[2]

Certain marketing practices, such as barratry,[3] also called ambulance chasing, are considered illegal and unethical. Likewise, the use of bloody accident scenes to advertise a law firm would be considered Shockvertising.

[edit] Bates v. Arizona State Bar

The birth of law firm marketing in the United States coincided with the 1977 Supreme Court decision in the case of Bates v. Arizona State Bar. [4] The American Bar Association (A.B.A.) commemorated that case's 30th anniversary with a continuing education conference about legal marketing.[5]

[edit] New York and Florida proposals

New York and Florida court systems proposed several restrictions on advertising in 2006 and 2007.[6] The N.Y. proposals, in particular, generated much controversy.[7] In 2005, New York State Bar Association President Vincent Buzard appointed a Task Force on Lawyer Advertising, chaired by Bernice K. Leber, to make proposals for consideration by NYSBA and the New York courts. [8]

The new rules for New York were effective on February 1, 2007. [9] For the first time, the New York Legal system defined legal advertising, as:
"any public or private communication made on or behalf of a lawyer or law firm about that lawyer or law firm's services, the primary purpose of which is for the retention of the lawyer or law firm."[10] The new rule specifically exempts communications to existing clients or other lawyers. [11] Publicity is, for the first time, also included as a synonym of advertising.[12] The newly revised rules now allow advertising about a lawyer's publications and "bona fide professional ratings". [13] There are certain special rules for email advertising, prohibiting spam.[14]

The 2007 rules stated that advertising must not include a number of prohibited marketing devices:

  1. Certain endorsements or testimonials from a former client
  2. Portrayal of judges
  3. Paid, undisclosed payment of testimonials
  4. Portrayal of a judge, or fictitious lawyer or law firm
  5. Use of actors or fictionalized persons
  6. Irrelevant characteristics of the lawyers
  7. Ads that resemble legal documents
  8. Certain limits on soliciting new clients for 30 days after a tort
  9. Certain other limits on communications with non-clients
  10. Use of a nickname or moniker.[15]

The new New York rules were challenged by Syracuse law firm Alexander and Catalano, in Alexander v. Cahill, and United States District Court Judge Frederick J. Scullin of the Northern District of New York struck down five of the rules as unconstitutional infringement of the First Amendment. [16] The endorsement, portrayals, "Irrelevant characteristics", and nicknames provisions were stricken; however, the domain name limitations, 30-day solicitation, and communications rules were upheld. [17] State Bar President Kathryn Madigan promised to work with the court system to develop new rules that will survive constitutional strict scrutiny. [18]

The new Florida rules also may be challenged, so a wise law firm administrator, paralegal, or attorney will keep up to date on this topic. Also, not all states in the United States have the same rules, so a search should be made of that jurisdiction's particular rules. [19]

[edit] Legal notices

Legal advertising can also, less commonly, refer to the Legal notices classified section of newspapers. [20] Legal notices are the advertisements seeking missing heirs, "deadbeat" parents, and potential Class action plaintiffs.[citation needed]

[edit] Legal marketing internationally

In England legal marketing can be traced back to 1986 when the Law Society first permitted lawyers to advertise. [21]

From the 1990’s other continental European jurisdictions progressively opened way for advertising: the Spanish abogado, the French avocat and the German Rechtsanwalt are among those able to freely use instruments of communication.

In Italy, the Bersani Decree of July 2nd, which converted into law in January 2007 gives lawyers the right to advertise. [22] [23]

People often confuse legal marketing with legal advertising. Advertising is only one of many tools a professional services organisation can utilise in its marketing strategy. [24]

[edit] References

  1. ^ There is no definition for it in Ballentine's Law Dictionary, nor at a search on nolo.com.
  2. ^ Law PromoLegal Marketing & Advertising Online
  3. ^ Barratry is the illegal solicitation of potential clients.
  4. ^ Bates v. Arizona State Bar, 433 U.S. 350 (1977).
  5. ^ [http://www.lawdragon.com/images/uploads/pdf/aba_marketing_4107.pdf Press release about the ASBA conference.
  6. ^ Law.com article from June 15, 2006 New York Law Journal (N.Y.L.J.) article on NY proposals by John Caher:[1]
  7. ^ See, e.g., this blog for more information:[2]
  8. ^ Andrew Rush, U.S. District Court: Some advertising rules unconstitutional, State Bar News, September/October 2007, p. 4.
  9. ^ For the full rules, see: [3].
  10. ^ 11 New York Code of Rules and Regulations (N.Y.C.R.R.) part 1200, section 1200.1 (k), found at [4] (requires Acrobat-TM reader).
  11. ^ Id.
  12. ^ 11 N.Y.C.R.R. part 1200, section 1200.6, also known as the Code of Professional Responsibility, Disciplinary Rule (DR) 2-101, found at: [5]
  13. ^ Id., at DR 2-101 (b) (1).
  14. ^ Id., DR 2-101 (b).
  15. ^ DR 2-101 (c), found at [6].
  16. ^ Andrew Rush, U.S. District Court: Some advertising rules unconstitutional, State Bar News, September/October 2007, p. 4.
  17. ^ Andrew Rush, U.S. District Court: Some advertising rules unconstitutional, State Bar News, September/October 2007, p. 4.
  18. ^ NYSBA Press Release
  19. ^ Furthermore, an Internet search can not reveal the status of the proposed Florida rules as of April 18, 2007.
  20. ^ See, e.g., North Carolina Press association web page, citing NC General Statutes sections 1-596 through 1-600:[7]
  21. ^ Professional Services Marketing Group web site
  22. ^ Legal Marketing Italia
  23. ^ Marketude web site
  24. ^ See Kotler, Armstrong, Brown Adam & Chandler, (1998)Marketing 4th edition, Pearson Education, Australia.

[edit] External links

Wikimedia Commons has media related to:

eJustice Legal Marketing

[edit] See also