FIVE BASIC MARKETING BUILDING BLOCKS

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1 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 2 Attorney Websites + What New Attorneys Need To Know About Marketing, Social Media + Attorney Advertising & Rule 7 + Recent Opinions Carol Schiro Greenwald, Ph.D. MarketingPartners NYSBA Bridging the Gap 2016 CLE Program December 1, 2016 Agenda: We will cover Five basic marketing building blocks New keys to successful client relationships Marketing begins with you Who you are and what you want to do Define and target your ideal client Networking on and off the Internet Write it down - planning Rule 7: Can Do / Can t do / Should Do Attorney advertising Websites Social media sites Ethics opinion confusion December 1, 2016 Carol Schiro Greenwald, MarketingPartners 3 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 4 New keys to successful client relationships FIVE BASIC MARKETING BUILDING BLOCKS Clients Consumers December 1, 2016 Carol Schiro Greenwald, MarketingPartners 5 When clients = consumers, what does that mean for you? Consumers want Value as defined by them Results Maximize opportunities Minimize risk Anticipate the future Cost predictability Participation Trusted relationship THEY DON T UNDERSTAND YOUR WORLD SO THEY MEASURE YOU BY WHAT YOU KNOW OF THEIR WORLD December 1, 2016 Carol Schiro Greenwald, MarketingPartners 6 Target your ideal client Analyze your client base 80/20 clients Favorite clients characteristics Define your ideal client Anthropomorphize her name her Give your person a name, a job, a hobby, opinions Picture how he or she looks Target your ideal client Where you would be most likely to run across him? Focus client growth on clients who fit the target s description 1

2 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 7 Putting it together: SWOT analysis You, your firm/practice: strengths & weaknesses Strengths include: Your own strengths Client service style /service extras Knowledge Technology Track record/reputation Client /industry/demographic knowledge Revenue Vision/mission/USP Weaknesses include: Gaps/inadequacies: resources, services, expertise Location Visibility Personal mistakes that create buying obstacles Financial weakness Leverage issues Your marketplace: opportunities & threats Opportunities include: Market trends/market share Characteristics of your prospect base Clients needs Your practice s expansion potential Threats include: Competitor firms Demand curve Business cycle Size of your market share Size of your market presence Fee pressures Context trends [e.g., economic, political, legal, lifestyle changes, consumer tastes technology December 1, 2016 Carol Schiro Greenwald, MarketingPartners 8 Networking: Integrate online and off-line activities Relationship building In-person networking Online activities THIS IS YOUR MARKETING REALITY. December 1, 2016 Carol Schiro Greenwald, MarketingPartners 9 Tie everything together with targeted marketing messages December 1, 2016 Carol Schiro Greenwald, MarketingPartners 10 Focus on comfortable marketing activities Better to be relevant to a few than irrelevant to many. Relevant messages are: Memorable Appropriate Timely Clear Interesting Personal Valuable Thoughtful and therefore, Important to your audience Persuasive litigator? Try public speaking Life of the party? Try in-person networking Intellectual introvert? Try blogging Write articles December 1, 2016 Carol Schiro Greenwald, MarketingPartners 11 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 12 Putting it together: Planning Mission/ Vision Plan Strategy Tactics Brand: You Targets ATTORNEY ADVERTISING: RULE 7 SWOT Websites Social media Marketing continuum 2

3 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 13 NYS Rules of Professional Responsibility: The logic of rule 7 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 14 Communications Concerning a Lawyer s Services Rule 7.1: Key Phrase Rule 7.1 Any communication about a lawyer or lawyer s services must NOT be false, deceptive or misleading Rule 7.1 Advertising communications the primary purpose of which is retention of the lawyer or firm Rule 7.3 Solicitations advertising targeted at a specific person or group intended to result in the lawyer s pecuniary gain No false, deceptive or misleading communications Definitions Contains a material misrepresentation of fact or law Omits a necessary fact Leads to an unjustified expectation Implies the ability to influence government officials [Rule 8.4(e)] December 1, 2016 Carol Schiro Greenwald, MarketingPartners 15 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 16 Need not be professional or tasteful Continuum of speech / activities Advertising Not advertising December 1, 2016 Carol Schiro Greenwald, MarketingPartners 17 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 18 Websites: best practices Websites and ethics rules Successful websites include Your value proposition Responsive design Most important page = bio Professional portrait Strong visuals, clean design Readable, colorful Tell stories Make it easy for the visitor - clear navigation, legible text Obvious call to action on every page Ethically your site MUST Say attorney advertising on home page Prior results do not guarantee a similar outcome Include contact information All content has to be approved by a lawyer Protect yourself with a disclaimer/privacy statement MAY Use a trade name Include Basic bio information Fee information but... Client testimonials Statements about the quality of the lawyer s services, but... Comparisons to other lawyers services, but.... MAY NOT Include false, deceptive or misleading content Use pop-ups or meta-data that goes to other sites Use endorsements from current, active clients Use paid endorsers unless say compensation is involved Use a fictitious portrayal of firm or lawyers unless say so Use the word specialist unless you are one 3

4 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 19 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 20 Social media: do s & don ts Social media: LinkedIn + Lawyers DO S Be clear as to your objectives & who can help you achieve them Make it personal people hire people Thought leadership Be aware of the content/audience balance Content increases audience Audience is key to create interactive content DON TS Don t post anything you wouldn t want in the NY Times Don t talk about specific cases even without naming names Don t run afoul of the expert or specialist prohibitions [Rule 7.4] Remember everything is discoverable there is no privacy Why LinkedIn [LI]? 95%: Maintain a personal profile * 99% from largest firms 97% from firms of attorneys 94% from firms of 2-9 attorneys 93% of solos Most downloaded business app among lawyers * Data Source: ABA Legal Technology Survey Report, 2014 and 2015 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 21 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 22 Your Linked-In Profile Ethically Proper To-Do s Add the state you are admitted to in your headline. Make a copy of the profile at least every 90 days; hold for a year. Add attorney advertising language. Manage your skills endorsements. Dueling LinkedIn ethics opinions NYCLA formal opinion 748 [3/10/15] IS advertising because... Marketing To-Do s Complete your profile & show your personal side. Use business English, not legal jargon. Use a reasonably current photo. Join groups that include your target market. Connect with at least 250 people. NYC Bar Association formal opinion [12-15] IS NOT advertising unless.... December 1, 2016 Carol Schiro Greenwald, MarketingPartners 23 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 24 Ethics & LinkedIn: SO if it is advertising, then what? Putting it together: marketing activities continuum NYC Bar Assn. Formal Opinion NYCLA Formal Opinion 748 LI profile is only advertising if it meets ALL of the following five criteria: Communication by or on behalf of a lawyer Primary purpose is to attract new clients for paid work LI content relates to legal services offered by the lawyer LI content is intended to be viewed by prospects LI content doesn t fall within recognized exceptions to the definition of attorney advertising IS advertising if LI profile contains: Detailed description of areas of practice Recommendations Must not violate Rule 7.1(a) Must add: Attorney Advertising Prior results do not guarantee a similar outcome. 4

5 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 25 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 26 PERSONAL MARKETING MESSAGES: What s in a name? Name of Firm Business Card Letterhead Firm name [Rule 7.5(b)3] Can Use names of any and all lawyers in the firm Use names of dead or retired lawyers Cannot Use initials only Include lawyers who become judges, are in public office, etc. Include non-lawyers Use practice area name, trade name or name implying results Are these legitimate names for solos firms? Law Offices of Peter Pan Law Office of Peter Pan & Associates ABC Law firm December 1, 2016 Carol Schiro Greenwald, MarketingPartners 27 December 1, 2016 Carol Schiro Greenwald, MarketingPartners 28 Business card [Rule 7.5(a)(1)] Primary marketing piece Memorable Required Personal contact information Firm name, address, phone number Identify as a lawyer Useful Type of practice Tagline Visuals Color, glossy paper Your photo/pictures related to your practice/results Legible Letterhead [Rule 7.5(a)(4)] Letterhead content Name(s) of firm and lawyers in firm Identify as a lawyer Contact information Relationships: Of counsel General counsel Affiliated firms States you are licensed in 21 st century: keep letterhead template in the computer and use only your own name and contact information December 1, 2016 Carol Schiro Greenwald, MarketingPartners 29 Key steps to success Be committed Have a plan and stick to it Do something daily Focus Define your niche Identify who needs/wants what you offer Market to them Create & maintain an integrated image Branding: From your business card to your blog everything brands SHARE useful, proactive knowledge that is relevant and important to your target audience. Attorney Websites + What New Attorneys Need To Know About Marketing, Social Media + Attorney Advertising & Rule 7 + Recent Opinions Carol Schiro Greenwald, Ph.D. MarketingPartners Thank you for listening. To continue the conversation contact Carol at or carol@csgmarketingpartners.com NYSBA Bridging the Gap, December 1, Carol Schiro Greenwald, All rights reserved. 5