Ethics of Marketing & Public Relations

1. 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.

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

3. Marketing vs. Public Relations

4. 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

5. 4 P’s of Product Marketing The 4 Ps Product (attributes & packaging) Price Promotion (Offers) Place (Distribution)

6. 4 C’s of Service Marketing The 4 Ps Customer Solution Cost Customer Service (Interaction) Communications

7. The Magic 3 Finding Knowing Choosing Market Access Differentiation Selection Results Reputations Relationships

8. P&G as a Law Firm Procter & Gamble’s Products: A Law Firm’s Products:

9. 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.)

10. 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

11. Ethical Considerations of Law Firm Communications

12. 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

13. 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

14. 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

15. Effectiveness of Public Relations

17. The Purpose Use uncontrolled, and therefore credible, participatory channels to create, influence, and maintain LUCRATIVE RELATIONSHIPS “To make my firm money”

18. Proper Messaging

19. 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

20. Creative 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.

21. Typical 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.

22. Creative 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.

23. Typical 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.

24. Maximizing PR’s Effectiveness

25. 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

26. 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”

27. 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.

28. 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

29. 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.

30. 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.

33. 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. AND DON’T’ FORGET SOCIAL MEDIA (Create only what is worth reprinting.)

34. Speakers Gina F. Rubel, Esq. Furia Rubel Communications Inc. 215.340.0480 Office 215.704.6090 Mobile gina@furiarubel.com www.furiarubel.com John E. Hellerman Hellerman Baretz Communications LLC 202.274.4762 Direct 202.841.8153 Mobile jhellerman@hellermanbaretz.com www.hellermanbaretz.com