Oregon Lawyer Advertising Rules – Attorney Directories Are OK!

April 16th, 2009

Today I spoke with a Portland, Oregon law firm that was who questioned me about whether or not it was ethical for a law firm to participate in online attorney directories. After quickly reviewing the Oregon State Bar Ethics rules posted on the state BAR website, I was amazed to see how little restrictions are placed on lawyer advertising in that state.

In fact, as long as you are not paying for referrals based on actually retaining the referral you are pretty much good to go. So Oregon attorneys can list on attorney directories as long as they are paying for the exposure.

Law Firm Website Design – See Results in No Time.

April 9th, 2009

Art and Design: One of These Things is Like the Other

 

What do clients look for in a law firm website?  I think the answer is simple.  Creativity and ingenuity.  Those two facets are what Lawyer Success does well.  Nobody wants to look at a drab website.  The key is to create something that will be remembered.  Many law firm website designs look the same. 

If you want something to stick out from the competition then Lawyer Success is the way to go.  Teamed with a group of professionals who understand what it takes to succeed, Lawyer Success provides you with the tools to gain more clients. 

 

Professional designers have always said, websites should be designed and created like an artist drafts their paintings.  It should be express something: an idea, a theme, history, but most importantly, your business. 

What does that involve? That involves more than just two or three colors that mesh with each other or stand alone.  That’s boring.  It takes an interconnectivity of schemes, templates, designs and graphics to really succeed.    Most importantly, it should reflect your business, your personality and your work ethic. 

 

There is a growing demand for attorneys so why not take advantage of the fact that you could have a really great website and gain clients over your competitors.  After all, you deserve it after all the hard work that you put into getting your law degree.  All those hours of studying, all the money you spent on tuition, and all the research you’ve done should count for something.  Let the professionals handle your website and you’ll see results in no time.

 

For a free rate quote and a free consultation so you can have the best law firm website, call (768) 218-6099.  You don’t want your hard earned money put to waste. 

Legal Website Design Services

April 5th, 2009

Legal Website Design

Lose Them Fast, Lose Business

 

Legal website design can be tricky, but it can also be profitable for you and your company.  In order for clients to be drawn to your website to elicit your services.  Be serious about drawing clients to your site.  You get great prices for the services you get.  Help your website thrive with the presentation of your site.

 

 

When business clients make presentations to customers, they must be well prepared and have all the information on hand.  A well prepared presentation is the ticket to a client or clients.  Don’t miss out on the chance to have your website presented a most professional manner. 

 

It has been said that you have approximately five seconds to win or lose a visitor over to your site.  Look at in terms of buying a book at the store.  What’s the first thing you see?  You see the cover, then the title.  After that you flip it over and see the back cover and read the back blurb, if they have one.  Next thing you know, you come across the decision on whether you want to buy the book or not.  Presentation is everything.  Just having a product isn’t good enough.  It must be put in the best light possible.

 

Finding the right legal website design isn’t hard.  All you have to do is contact Lawyer Success and they’ll get you on your way.  By taking advantage of our services, you will have more clients than you know what to do with.  Get real results with real people, not a call center that will route your question or concerns three days from tomorrow. 

 

If you need help in any of the preceding strategies call us for a rate quote and a free consultation so that you too can have the best lawyer website in your market. Call (769) 218-6099 today.

 

Alaska Lawyer Advertising Rule 7.1 and 7.2 – Ethics Rules

April 3rd, 2009

INFORMATION ABOUT LEGAL SERVICES

Rule 7.1. Communications Concerning a Lawyer’s Services.

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services or any prospective client’s need for legal services. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create a reasonable but unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;  or

(c) compares the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated.

(SCO 1123 effective July 15, 1993; rescinded and repromulgated by SCO 1680 effective April 15, 2009)

ALASKA COMMENT

The Committee revised Model Rule 7.1 to address the situation in which a lawyer might provide misleading information with regard to a potential client’s needs for legal services from a particular lawyer.

COMMENT

[1] This Rule governs all communications about a lawyer’s services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer’s services, statements about them must be truthful.

[2] Truthful statements that aremisleading are also prohibited by this Rule. A truthful statement is misleading if it omits a fact necessary to make the lawyer’s communication considered as a whole not materially misleading. A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable factual foundation.

[3] An advertisement that truthfully reports a lawyer’s achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. Similarly, an unsubstantiated comparison of the lawyer’s services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated. The inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead a prospective client.

[4] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.

Rule 7.2. Advertising.

(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded, or electronic communication, including public media.

(b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may

(1) pay the reasonable costs of advertisements or communications permitted by this Rule;

(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.  A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

(3) pay for a law practice in accordance with Rule 1.17; and

(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

(i) the reciprocal referral agreement is not exclusive, and

(ii) the client is informed of the existence and nature of the agreement.

(c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.

(SCO 1123 effective July 15, 1993; rescinded and repromulgated by SCO 1680 effective April 15, 2009)

COMMENT

[1] To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public’s need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.

[2] This Rule permits public dissemination of information concerning a lawyer’s name or firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer’s fees are determined, including prices for specific services and payment and credit arrangements; a lawyer’s foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance.

[3] Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specified facts about a lawyer, or against “undignified” advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant. Similarly, electronic media, such as the Internet, can be an important source of information about legal services, and lawful communication by electronic mail is permitted by this Rule. But see Rule 7.3(a) for the prohibition against the solicitation of a prospective client through a real-time electronic exchange that is not initiated by the prospective client.

[4] Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation.

Alabama Lawyer Advertising Rule 7.2

April 2nd, 2009

Rule 7.2 Advertising

A lawyer who advertises concerning legal services shall comply with the following:

(a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor displays, radio, television, or written communication not involving solicitation as defined in Rule 7.3.

(b) A true copy or recording of any such advertisement shall be delivered or mailed to the office of the general counsel of the Alabama State Bar at its then current headquarters within three (3) days after the date on which any such advertisement is first disseminated; the contemplated duration thereof and the identity of the publisher or broadcaster of such advertisement, either within the advertisement or by separate communication accompanying said advertisement, shall be stated. Also, a copy or recording of any such advertisement shall be kept by the lawyer responsible for its content, as provided hereinafter by Rule 7.2(d), for six (6) years after its last dissemination.

(c) A lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may pay the reasonable cost of any advertisement or written communication permitted by this rule and may pay the usual charges of a not-for-profit lawyer referral service.

(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content.

(e) No communication concerning a lawyer’s services shall be published or broadcast, unless it contains the following language, which shall be clearly legible or audible, as the case may be: “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”

(f) If fees are stated in the advertisement, the lawyer or law firm advertising must perform the advertised services at the advertised fee, and the failure of the lawyer and/or law firm advertising to perform an advertised service at the advertised fee shall be prima facie evidence of misleading advertising and deceptive practices. The lawyer or law firm advertising shall be bound to perform the advertised services for the advertised fee and expenses for a period of not less than sixty (60) days following the date of the last publication or broadcast.

California Advertising and Solicitation Rules for Lawyers – Rule 1-400

April 1st, 2009

Rule 1-400. Advertising and Solicitation

(A) For purposes of this rule, “communication” means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a “solicitation” means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is;

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.

(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member’s or law firm’s professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

(6) State that a member is a “certified specialist” unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. “presumption affecting the burden of proof” means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.

(Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.)

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of “communication” defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A “communication” which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A “communication” which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as “this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”

(3) A “communication” which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

(4) A “communication” which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.

(5) A “communication,” except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word “Advertisement,” “Newsletter” or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word “Advertisement,” “Newsletter” or words of similar import on the outside thereof.

(6) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.

(7) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A “communication” which states or implies that a member or law firm is “of counsel” to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.

(10) A “communication” which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.

(11) A “communication” which states or implies that a member is a “certified specialist” unless such communication also states the complete name of the entity which granted the certification as a specialist. (Repealed by order of the Supreme Court, effective June 1, 1997. See rule 1-400(D)(6).)

(12) A “communication,” except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A “communication” which contains a dramatization unless such communication contains a disclaimer which states “this is a dramatization” or words of similar import.

(14) A “communication” which states or implies “no fee without recovery” unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A “communication” which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited “communication” transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or “yellow pages” section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.

(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) – (16) added by the Board of Governors, effective May 11, 1994.)

Attorneys – More Time for Business Development?

March 27th, 2009

Does this economic cloud have a silver lining?
More time for business development!

Janet Ellen Raasch

 

Janet Ellen Raasch is a writer, ghostwriter and blogger (www.constantcontentblog.com) who works closely with professional services providers – especially lawyers, law firms, legal consultants and legal organizations – to help them achieve name recognition and new business through publication of keyword-rich content for the Internet as well as articles and books for print.  She can be reached at (303) 399-5041 or [email protected].

Other attorneys, not so much.

 

As the economy contracts, law firm clients have laid off more than 600,000 employees – in January alone.  Law firms are feeling the ripple effect.  In just two days in February – Black Thursday and Friday the 13th – 1,100 legal professionals lost their jobs or received buyout offers.  According to industry experts, this is just the start.

 

As books of business continue to shrink, what is a fearful lawyer to do?

 

“All too often, a fearful lawyer hibernates in his or her office — completely avoiding networking and business development,” said Cindy Rold.  “Instead, lawyers must consciously release their fear and maintain a positive attitude.  Embrace change and make it work for you.  Take advantage of this ‘gift’ of free time to do some focused business development – positioning yourself to attract new business now, and post-recovery.”

 

Rold made this presentation on “business development in a down economy” before members and guests of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.or/rockymountain) at a program held Feb. 10 at Maggiano’s Little Italy restaurant in downtown Denver.

 

Rold is a relationship development coach with Maraia & Associates (www.markmaraia.com).  She is a Platinum Partner coach with the Anthony Robbins Company (one of only 12 to hold this designation) and co-author of 99 Networking Nuggets.  She is a lawyer, a former senior law school administrator and a former president of NALP (the Association for Legal Career Professionals).

 

“High-level networking is the key to building and maintaining good relationships that lead to new business – in good economic times and in bad,” said Rold.

 

“At the basic level of networking,” said Rold, “a lawyer networks with others in order to get something:  ‘Will you give me some work?’  At the intermediate level, a lawyer gives something in order to get something in return:  ‘Here’s some good advice or a good contact.  Now, will you give me some work?’  At the most-effective level, a lawyer contributes something without expecting something in return:  ‘Here’s some good advice or a good contact.  I hope this information helps you solve your problem.’”

 

Use your “down time” to strengthen relationships by networking:

 

Every day, make a small contribution.  “By a contribution, I mean selflessly sharing something that makes another person’s personal or professional life a little bit better,” said Rold.  “Call a client to ask how they are being affected by the down economy.  Send a news clip or an online link about a subject the person is interested in.  Write a note to thank the person for something – or maybe just a ‘thinking of you’ note to someone who has been laid off.”

 

Get closer to clients.  Use your available time to meet with your clients and learn more about their businesses and how they are doing in the current economy — face-to-face and off-the-clock.  Ask how you are doing as a service provider – and how you can improve.  Create and present free in-house education programs for the legal, risk management and human resources departments of your clients.

 

Delegate work to associates.  “Often, when there is less work in the pipeline, partners will retain that work rather than passing it along to associates,” said Rold.  “If it is associate-level work, let associates do it.  At the senior level, you need to be out making it rain for yourself and your firm – especially during hard times.”

 

Refine your personal marketing plan.  Use your available time to carefully consider your personal marketing plan.  Going forward, who is your specific ideal client?  To which industry groups does this client belong?  To which publications or Web sites does this client subscribe?  What are the emerging legal issues affecting this client?  If necessary, make some calls or visits to answer these questions.

 

In addition, come up with a short “elevator statement” that succinctly states how you help clients solve their problems – so you can let people know what you do.

 

Attend gatherings.  “In the current economy, you finally have the time to attend many of those events you had to pass on before because you were ‘too busy,’” said Rold. “These include business and professional networking events, social gatherings and even kids’ activities.  At these events, consciously but tactfully ask ‘high energy’ questions to turn conversations towards business activities and needs.  Don’t ‘sell,’ just discuss and look for ways to ‘make a contribution’ and be helpful.  Everyone can be a member of your network.”

 

Get involved.  Use your newly available time to join and actively participate in the industry or professional groups frequented by your ideal clients – with the goal of making a contribution by participating at the committee or (eventual) board level.

 

Speak and write.  “Once you know what groups your ideal clients belong to, make an effort to speak at their local, regional and national events and write for their print and electronic publications,” said Rold.  “Before you speak or write, interview your clients or potential clients for their input; they will be flattered.  Invite them to the speech.  After you speak or write, send a synopsis or a copy of the article to your contact list with a personal note.  You could also use available time to create a newsletter.”

 

Get to know your colleagues.  With a little extra time on your hands, get out of your office and systematically get to know your colleagues at your law firm – especially those on other floors or in other cities.  Stop into their office or ask them to join you for coffee or a meal.  Ask them about their practices, their needs and their interests – so you can provide them with information and possible contacts going forward.

 

Implement your marketing plan.  “Even in a down economy, no lawyer has the time to accomplish each and every one of these networking suggestions,” said Rold.  “Select a few that best fit your practice and personality.  If you need some help devising or implementing a personal plan, a coach can help.  Make a chart to help you track your progress and success – like ‘call two contacts a week,‘ ‘join and participate in one organization this year’ or ‘write one short legal Q&A for the industry newsletter every three months.’”

Most lawyers are being affected in some way by this “dry” economy.  Do not give in to the paralyzing effect of fear.  Adjust your attitude and use this time to build and maintain outstanding relationships with your clients, potential clients and colleagues – relationships that will lead to quality business once the

Lawyers – Forget about love and hate: Strive for “professional”

March 27th, 2009

Forget about love and hate: Strive for “professional” In your relationship with reporters

Janet Ellen Raasch
Janet Ellen Raasch is a writer, ghostwriter and blogger (www.constantcontentblog.com) who works closely with professional services providers – especially lawyers, law firms, legal consultants and legal professionals – to help them achieve name recognition and new business through publication of keyword-rich content for the Internet as well as articles and books for print. She can be reached at (303) 399-5041 or [email protected].

Lawyers and law firms often maintain a love-hate relationship with reporters. When they have good news to tell about themselves or their clients, they actively seek media attention. When the news is not so good, they try to duck around the corner.

Pestering a reporter at some times and avoiding the same reporter at other times gives a mixed message and can lead to a not-very-productive relationship. A reporter’s job is neither to help lawyers and their clients nor to hurt them. It is to provide readers with the objective information they need to know in order to make good decisions about their personal and business lives.

Most reporters understand and respect the professional constraints placed on lawyers – especially when it comes to client confidentiality – as long as this need does not unreasonably conflict with their need to report the news. Lawyers would do well to treat reporters with equal respect. A balanced, professional approach works much better — for both parties — than a love-hate relationship.

A panel of reporters and editors for daily, weekly and monthly publications discussed the reporter’s perspective before members and guests of the Rocky Mountain Chapter of the Legal Marketing Association (www.legalmarketing.org/rockymountain). The presentation was held March 10 at The Denver Press Club.

Participants included Greg Griffin, reporter at The Denver Post; Cara DeGette, managing editor of Law Week Colorado; Renee McGaw, reporter at The Denver Business Journal; and Mike Cote, editor of ColoradoBiz magazine. Moderator was Lisa Simon, chief marketing officer for law firm Brownstein Hyatt Farber Schreck.

A reporter’s perspective

Before pitching a story idea to the press, carefully review the publication to see which kinds of articles it runs and to determine which reporter covers the appropriate “beat.” All of the panelists said that they prefer to be contacted by email or by phone – not mail. A “blanket” press release that has obviously been sent to many publications will get less attention than an email or phone call offering an exclusive.

The definition of “news” in the eyes of a reporter or editor can vary with how often a publication appears, although there is some overlap. A daily publication wants to be the first to cover news as it happens (although all publications relish the opportunity to break important stories). To appeal to a daily, you must be timely with your news and provide the name of a lawyer who is ready and able to talk.

“As a weekly, we have the luxury of having more time to interpret the news,” said DeGette. “Because of Law Week’s unique focus on the legal industry, we often can include stories that would not qualify as news for a reader of The Denver Post. If a story has already run in the daily newspaper, we will be looking for a fresh angle on that story.”

A monthly magazine is rarely interested in news that broke weeks ago. “Rather, we are interested in trend ideas that lead to lengthy analytical articles – usually around 3,000 words in length,” said Cote. “Recently, for example, we ran a piece comparing jobs in the ‘new energy’ economy with those in the traditional energy economy.”

A daily newspaper, for example, might run the news that a new law has been adopted at the state or federal level. A weekly (or the Sunday section of a daily) would be more likely to consider and write about the impact of that law on local law firms (Law Week) and businesses (The Denver Business Journal). A monthly might write about the lengthy lobbying effort that contributed to passage of the law.

Each reporter and editor indicated an interest in ideas that provide a local or regional perspective on a legal trend or a national or international business story. Weeklies provide editorial calendars, and are particularly receptive to stories that fit within their calendared themes. None wants to dedicate much time or energy to news that has appeared in a similar form in a competing publication.

News about routine events like the hiring of new attorneys, the promotion of existing attorneys, an expansion into new space, or the announcement of various awards and appointments is welcome, but likely to end up as a short mention in a “people on the move” or “business changes” column rather than a stand-alone article.

All about deadlines

Receptiveness to a story idea has a lot to do with a publication’s deadlines. At the daily paper, reporters prefer to have a story no later than 3 p.m. – but can extend that deadline to as late as 10 p.m. for important breaking news. The Sunday business section, which includes more interpretive content, is printed on Friday night. “If I am going to put the time into a feature article,” said Griffin, “I’ll want it to be an exclusive.”

Law Week goes to press on Monday and The Denver Business Journal on Wednesday. “We are always frantic, so these are the absolute worst days for trying to ‘pitch’ a story idea,” said McGaw. “You might get an abrupt reception on an idea that I might find quite appealing just one day later, when I need to provide my editor with three good ideas for article for the next issue.”

ColoradoBiz magazine goes to the printer mid-month and generally assigns articles to its freelance reporters two months or more in advance of publication.

All of the publications maintain online as well as print versions – where an article (like a late-breaking jury verdict in a newsworthy case) can be posted immediately without regard for print deadline, often appearing later in the print version as well.

Terms of use

The “hate” side of the love-hate relationship comes into play when a reporter initiates contact for a story that the law firm did not initiate – and perhaps does not want. If you want a reporter to answer your email or phone call when you are pitching news, you need to respond with equal interest when the reporter is seeking news.

Promptly return the email or phone call to find out what the reporter wants. Ask about deadline. Ideally, you have anticipated the call and are ready with an approved statement and spokesperson. If not, promise to call back (well before deadline) after you have done some research.

If the reporter’s query involves the business operations of the law firm, be as forthright as you can. Never say “no comment” – which is almost always perceived by reporters and readers as an admission of guilt. Chances are good that the story will appear anyway in some way, shape or form; make sure your point of view is included.

If the reporter’s query involves a specific matter for one of your clients (rather than a trend or a comment on a case involving another firm), be sure to get permission from the client before commenting. Even in cases where your representation is public – based on public documents — you need specific permission before you can disclose the attorney-client relationship.

“Before you actually disclose any information to a reporter, be clear about your terms of use,” said DeGette. “If you want your discussion to be off-the-record, both parties must agree to these terms up front.” Journalists can use off-the-record information to uncover related facts or to find other sources that might be willing to speak on the record.

“Once a statement is ‘on the record,’ you should not expect that a reporter will take it off,” said DeGette. “Make sure that your lawyers understand this.”

“Off-the-record” or “background” information is not for publication. “Unattributable” information may be reported (without using direct quotes) and the source characterized in very general terms (not sufficient to identify the speaker). Information that is “on the record” can be quoted and attributed to a source.

“Generally speaking, we only use an anonymous source when there is a good reason for anonymity and it is critical to an important story,” said Griffin. (The Denver Post’s policy on anonymous sources is available at http://www.denverpost.com/ethics.)

Meet the press

Lawyers and law firms that do not respect the practical and professional rules of professional journalism will only alienate reporters and editors – making it much less likely that they will want to work with you going forward.

“Nothing burns a relationship like working hard on a story, seeing it in a competing publication before you go to print and needing to scrap it,” said Cote. “You will not soon forget the lawyer or law firm that wasted your time.”

The panel concluded with a discussion of preferred ways for lawyers and law firms to build constructive relationships with the press. “The best way,” said Griffin, “is to be a steady, reliable and responsive source of ideas that lead to good stories – ideas that fall into the traditional news categories of first, best or most.”

Reporters and editors welcome invitations (off deadline) to meet face-to-face with lawyers for a focused discussion of their areas of expertise and potential story ideas. A good list of informed, reliable sources in a wide variety of practice areas — who can be called upon for background or a quote — is a valuable resource to any reporter covering a legal beat.

A law firm’s relationship with the press should be based on neither love nor hate. Rather, it should be based on mutual professionalism – where journalists understand and respect the needs of the legal profession and lawyers understand and respect the needs of the professional journalist.

Lawyers Surf Yelp For New Clients

March 21st, 2009

Looking for a FREE way to connect with potential clients? Recently I visited the website Yelp.com and found a few posts for people looking for legal help. Since the site doesn’t appear to be frequented by many attorneys on a regular basis, I feel this may provide you with an excellent and free way to reach potential clients.


Of course when it comes to the Web and FREE lawyer marketing strategies, the “home run case” may not be as frequent, but there appears to be some decent cases that a young attorney might pick up to keep the doors open.

My suggestions about looking for potential clients or cases on Yelp.

1. Check the site regularly – weekends, during lunch, or keep the site bookmarked on your Blackberry.
2. Build rapport first – If you see a case that might interest you, build rapport by providing excellent responses to questions, then ask for an appointment.
3. Be a regular user – As the content (your answers) becomes indexed, you will get regular visits.
4. Build out your profile – Add all the essential contact information.
5. Respond quickly – Make sure to include a fre consultation by telephone and include your contact information.

Hope this helps.
James

With over 3,200 law firm consultations, we have the marketing best practices of law firms from all over the country. Call us today at (769) 218-6099 for a review of you strategic marketing. We can help! A Lawyer Internet Marketing company

Lawyer Networking Nets New Personal Injury Lawyer 2 Cases Per Week

February 22nd, 2009

Looking for a way to generate quality referrals for areas of law such as personal injury, criminal defense, family law, dui / dwi, or any other specialty area of law?


Have you considered working your network of colleagues?

A recently spoke with a newly form law firm who had recent broken away (on good terms) with a larger firm. After selling them a solution on AttorneyPages.com, I made a suggestion that really added to their bottom line by adding 2 new personal injury cases each week beyond the succcessful AttorneyPages.com campaign.

The partners of the firm had several contacts from other firms they have worked for that did not practice in the area of personal injury. These attorney contacts from the other non-competing law firms were excellent referral sources that they were not tapping into.

I simply made them commit to networking with their old colleagues by entertaining through lunches and dinner parties. By simply reconnecting with other lawyers they naturally were able to dialog with referring attorneys and discuss their new practice and they types of cases they were seeking.

For very little cost and some planning they were able to effectively add a steady stream of attorney referrals for the types of cases they desired.

For more helpful tips and efective marketing stratgey consulting: Call us today at (769) 218-6099 for a review of you strategic marketing. We can help! A Lawyer Marketing and Strategy company