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Ethics of Marketing & Public Relations. Just JDs: Biz Dev Strategies for Lawyers Legal Marketing Association Denver, 2010 Presentation by: John Hellerman Hellerman Baretz Communications LLC and Gina F. Rubel, Esq. Furia Rubel Communications Inc. Agenda. Marketing vs. Public Relations

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Ethics of Marketing & Public Relations

Just JDs: Biz Dev Strategies for Lawyers

Legal Marketing Association

Denver, 2010

Presentation by:

John Hellerman

Hellerman Baretz Communications LLC


Gina F. Rubel, Esq.

Furia Rubel Communications Inc.



  • Marketing vs. Public Relations
  • Ethical Considerations
  • Effectiveness of Public Relations (Recent Research)
  • Proper Messaging
  • Maximizing PR’s Effectiveness
  • Q&A


Public Relations

the tool box
The Tool Box

…Some call it Advertising

…Some call it Marketing

…Some call it Business Development

…Some call it Branding

…Some call it PR

We call it Communications

4 p s of product marketing
4 P’s of Product Marketing

The 4 Ps


(attributes & packaging)


Promotion (Offers)

Place (Distribution)

4 c s of service marketing
4 C’s of Service Marketing

The 4 Ps

Customer Solution


Customer Service (Interaction)


the magic 3
The Magic 3




Market Access






p g as a law firm
P&G as a Law Firm

Procter & Gamble’s Products:

A Law Firm’s Products:

the branding process
The “Branding Process”

A firm becomes branded by the reputation and performance of its partners and associates over time.

(The more lawyers with credible reputations within the firm, the better.)

the prism
The Prism

Talent is the Product

The Firm is a Product Marketer

Shift Your Focus to Help the Firm Secure Talent-

New Business Will Follow


Considerations of

Law Firm Communications

aba model rules of professional conduct
ABA Model Rules of Professional Conduct
  • Rule 3.6      Trial Publicity
  • Rule 4.2 Communication with Person Represented by Counsel
  • Rule 4.3 Dealing with Unrepresented Person
  • Rule 7.1      Communication Concerning a Lawyer's Services
  • Rule 7.2      Advertising
  • Rule 7.3      Direct Contact with Prospective Clients
  • Rule 7.4      Communication of Fields of Practice and Specialization
  • Rule 7.5      Firm Names and Letterhead
  • Rule 8.5      Disciplinary Authority; Choice of Law
legal communication do s
Legal Communication Do’s

Establish policies and compliance procedures

Adhere to rules of all states where you do business or seek clients

Keep records / copies

Steer clear of testimonials

Avoid subjectivity

Incorporate all necessary language

Use disclaimers

legal communication don ts
Legal Communication Don’ts

Overtly solicit business

Give legal advice

Use subjective language referring to attorney or firm

Create unjustified expectations

Compare attorneys or firms

Talk about pending cases (material prejudice)

Ignore your state’s rules of conduct or multi-jurisdictional considerations



Public Relations

the purpose
The Purpose

Use uncontrolled, and therefore credible, participatory channels to create, influence, and maintain


“To make my firm money”

what is news
What is News?
  • Proximity: Does the news effect the outlet’s audience?
  • Impact: How much does the news effect the outlet’s audience? More impact = Higher news value.
  • Unusualness: Is the news different from the ordinary? More unusual = Great news potential.
  • Timeliness: How current is the news?
  • Prominence: Who is involved?
  • Conflict: Tension = News


Ask business managers and in-house corporate lawyers the thing that drives them crazy about lawyers, and one of the most common responses is the time they spend waiting for a call back.

“It’s absolutely one of my top three issues,” says James R. Jenkins, Vice President of Legal and External Affairs for United States Cellular Corp. in Chicago. “When I pick up the phone to talk to a lawyer, it’s not about the weather; it’s because I have an issue.”

Mr. Jenkins cites responsiveness as a key reason that his company has long used the labor and employment law firm of Laner Muchin, which guarantees clients a call back within two hours.



On July 16th, the law firm of Boring & Dull will sponsor a seminar regarding the newest Sarbanes-Oxley regulations and their effect on corporations of all sizes.



Sarbanes-Oxley regulations will cost American corporations more than $55 billion, and that’s only if they follow the rules.

“The tab for even the slightest non-compliance will cost a company millions of dollars in fines and ‘fit-it’ fees,” explained Steve Exciting, a partner in the law firm of Savvy, Power & Wealth. “Companies can save themselves lots of headaches and lots of dollars if they know what to do.”

On July 16th, Savvy, Power & Wealth will sponsor a seminar for GCs of mid-size companies ($50 MM - $500 MM) regarding the newest Sarbanes-Oxley regulations and what they can do to avoid costly fines.



Laner Muchin today announced that it has introduced a “Two-hour Call Back Guarantee.”

Clients and prospects of the firm will receive a return phone call within two hours of leaving a message.

6 ways to maximize effectiveness
6 Ways to Maximize Effectiveness

Measure What Matters

Think in Campaigns

Develop Branded / Strategic Content

Leverage Successes

Harness Web 2.0

Evangelize Public Relations as Biz Dev Tool

measure what matters
Measure What Matters

Ad equivalency measurements and fat clip books are meaningless to law firms.

Reach is not as important as credibility.

Where’s the RFI? “Relationships From Investments”

relationships are what matter
Relationships Are What Matter

Energy spent generating interviews leading to third-party quotes should be shifted to generate speaking and publishing opportunities.

Doing so will generate more of everything over time.

think in campaigns
Think in Campaigns
  • Focus on a narrow, niche issue
  • Position yourself as an “expert”
  • Create blogs, white papers, webinars, podcasts, etc. around the issue
  • Benefits:
    • Strategic
    • Easy to Measure & Manage
    • Relevant to ExCom
    • Attracts Clients
    • Material for Reprinting and Distributing
develop branded content
Develop Branded Content

Bringing expertise to market is made safer when firms do it through branded and strategic content.

Talent can walk; firm-owned, branded content can’t.

harness web 2 0
Harness Web 2.0

Make getting the info easy.

Give reporters options.

Don’t hold back information they are going to get in time anyway

Recognize the credentialing power of your prospects’ social networks; a reprint from an unknown media outlet referred by a “friend” can be more powerful than one from the Wall Street Journal they find on their own.

leverage success
Leverage Success

These aren’t just nice placements. They are excuses to connect with people. Use them as valuable selling tools that create, influence, and maintain lucrative relationships.


(Create only what is worth reprinting.)


Gina F. Rubel, Esq.

Furia Rubel Communications Inc.

215.340.0480 Office

215.704.6090 Mobile

John E. Hellerman

Hellerman Baretz Communications LLC

202.274.4762 Direct

202.841.8153 Mobile