Today, almost all of the marketing of companies and organizations, including law firms, is done online. Gone are the days of turning to TV, radio, and print. Most businesses now opt for digital channels, specifically, social media. According to a survey by Small Business Trends, 83% of businesses think digital marketing really works.
With the advent of the internet, there is no doubt that this opportunity facilitates access to web users. But then the ethical questions arise in online marketing which is often obscured by the desire to be on the front page and acquire customers.
As a result, some ethical breaches turned out to be so severe that they had to be dealt with in court. Here is a little guide to web marketing for law firms that outline common issues and general best practices to adopt. But first, what is ETHICAL marketing?
What is Ethical Marketing?
Basic in our society, marketing is seen as a means of making more and more consumption. But if we look closely at what marketing is, marketing is not advertising! Marketing involves getting the right message to the right person. There is a big difference between advertising and marketing, according to the AMA. Key of all, advertising is a communication technique for the general public. Meanwhile, ethical marketing is about transmitting the right message in accordance with our values to the right person, to have a positive social, economic and environmental impact. Good marketing is always rigorous, imaginative, and ethical. Trying, for example, to take advantage of the external advertising of a neighboring competitor to deceive potential clients into your own office is not marketing either. Good marketing is always ethical. When speaking without knowledge of the facts, the probability of a professional making a mistake or making a fool of himself increases. Talking about ethics in legal marketing, one should note that there are no wicked or unworthy disciplines; it all depends on the values of those who apply them. A question whose origins are lost in time is what is right for society and what is wrong? By extension, what is correct for a profession and what is not? It all depends on the moment. Years ago, legal advertising was prohibited, except in certain cases, since it was perceived as inappropriate for the legal profession. It is now “allowed, except for certain practices”. Lawyers as a collective have evolved to adapt to the new times and also, it is worth saying, to the antitrust laws. The boundaries between professions tend to blur and protected markets are disappearing at a forced pace, in a globalized economy. It is the professional world that we have had to live in. While one firm may perceive it as unethical, another sees it as an opportunity. There have never been so many “opportunities” in the professional world as there are now.What is Ethical Legal Marketing?
Ethical legal marketing and, in general, professional marketing services, have two main purposes: to attract the type of ethical cases and clients that the firm wants to have because it can provide them with adequate service. It involves positively differentiating the firm from its competitors, through two factors: the brand and the attitude of the professionals who make up the firm. In short, it is about making the firm and its professionals the benchmark in their specialties, through activities that demonstrate rather than affirm. All of this has little to do with acting with dubious practices and yes, a lot! In professional life, it is essential to manage perception well. Clients trust more in those who best communicate their ability, style, and values. There is more confidence in those who know best how to attract, without pressure, the customer. And the person who best knows how to attract the client is the one who usually has the best advisory fee/hour ratio. Ethical legal marketing enhances trust with the clientele.Common Unethical Issues of Online Marketing for Law Firms
For lawyers to be competitive on the web, new unscrupulous tactics have emerged. Here are some trending unethical practices encountered:- Wrongly affirming being a specialist or expert. Fortunately, regulations are being put in place to prevent false representations. Notable countries where acts against false marketing representations have been formulated include Canada, Australia, and the United Kingdom.
- In a world of constant communication, a problem can arise in the client-lawyer relationship. For example, clients ask questions online and lawyers often respond openly through social media and not personally.
- Post misleading information. For example, using “lawyers” in the plural in promotional copies when the firm only has one.
- Some lawyers go so far as to claim to offer so-called “legal” services even though they do not have the legal authorization.
- Use online qualifiers like “best” or “most”, or terms like “we have the best reputation” that don’t represent the fact.
- Keeping unfounded promises or citing previous successes without mentioning that there is no guarantee since judgment is made depending on the particular case.
- Many other examples could be added to this list.
How Law Firms Can Make Ethical Marketing
Given the large number of unethical statements, it is necessary to place limits on the online promotion of lawyers by themselves through social media. Some of these limitations include:- Formulate real data
- Give customer testimonials
- Disclose past results
- Use words like: “specialists” or others.
Best Practices for Law Firms
It is unthinkable for the majority of legal firms not to advertise on the web, since it is a tool that guarantees success. Fortunately, it is possible to be guided to have ethical marketing practices, such as:- To add a level of protection, it is better to apply the ethical guidelines to make sure whether the activity carried out on the web is considered advertising or not.
- Knowing the rules of ethics to establish your status to be able to respect them.
- Be honest in what you say online or post on your website. For example, the number of years of practice, the number of cases won, the field in which you have the most experience, etc.
- Work with a company familiar with the laws in your field, but above all knowledgeable about the ethical rules of online marketing for law firms. This will give you “peace of mind”.