| Copyright (c) 2010 Benjamin Glass | | | | Some state bars may require approval of certain |
| In your years of practice as an attorney I'm sure | | | | types of lawyer advertising before they can hit the |
| you've come across several laws that are vaguely | | | | public eye, and if you get a rejection, it may take some |
| written and left largely up to interpretation. As a | | | | creative thinking on your part to prove your point. |
| lawyer, it's your job to argue your interpretation to best | | | | Remember that you're most likely going to be dealing |
| serve your client's case. As state bar laws for lawyer | | | | with attorneys who have no real understanding of |
| advertising continue to change, I'm finding these skills | | | | how important legal marketing is to our livelihood. Your |
| come in handy for legal marketing as well. | | | | best resource is to go in with a clear idea of what |
| How Your State Bar May Hinder Your Legal | | | | your lawyer advertising is set to accomplish for your |
| Marketing | | | | firm and why it's important to your business. |
| Every state bar has the right to regulate how and | | | | Remember the Basics of Ethics |
| where lawyer advertising is conducted. Some states | | | | Arguing against the state bar for some laws is an |
| aren't too overbearing with these laws, while others | | | | option in many cases where the actual written word is |
| take their control to ridiculous levels. Take for example | | | | very vague or misleading. However, there are some |
| the Kentucky State Bar, which requires all mailed legal | | | | rules that basically apply universally to all lawyer |
| marketing newsletters to be submitted and approved | | | | advertising. The ethical violations to always avoid |
| 30 days prior to mailing. How can you produce and | | | | include: |
| send a time-sensitive, monthly newsletter with current | | | | - Outright slander against another party; |
| content when it has to be approved the month | | | | - Guarantees for case results or settlement amounts; |
| before? | | | | and |
| The latest example from the Sunshine State was | | | | - Unauthorized use of client names or case details. |
| actually delayed thanks to a surge of complaints from | | | | Most states also restrict the use of celebrity or expert |
| not only Florida lawyers, but other professional | | | | endorsements, as well as claims that you yourself are |
| organizations. The Florida State Bar attempted to | | | | an "expert" in your field. Of course, if you're thinking |
| restrict the use of testimonials, because they could be | | | | outside-the-box with your legal marketing you can |
| seen as misleading information about case results. | | | | always find creative ways to say you're the best |
| Lawyers would have to alter their website testimonial | | | | without really SAYING it. |
| pages to include a disclaimer before the reader could | | | | Remember that the key to legal marketing is to see |
| proceed. The July 1, 2010 activation date for this law | | | | the typical way everyone is doing things and stray |
| was pushed back to August 16 to allow further | | | | from the beaten path. If you're finding your state bar |
| discussion. | | | | rules are too restrictive for your lawyer advertising, |
| Winning Your Battle Against Bar Rules | | | | look at them from a different approach. Just as laws in |
| I'm not suggesting you actually go and file a suit against | | | | your practice area can vary in application depending |
| your state bar. But you may need to argue your point | | | | on who interprets them, so can your state bar laws |
| in front of a committee if you attempt to get creative | | | | for your legal marketing! |
| with your interpretation of lawyer advertising laws. | | | | |