By Alan Gahtan - Home Page: http://gahtan.com/alan/ - November 1996
The number of law firm web sites on the Internet has been growing quickly. But are they a cost effective way to promote the firm and is their use permitted by the regulators of the legal profession? These were two of many questions that was addressed at the recent CBAO seminar on La w Firm Advertising hosted by the Law Practice Management Section.
Eleanore Cronk, Vice-Chair of the LSUC's Professional Development Committee summarized the regulations governing the use of advertising by lawyers in Ontario and clarified a number of common misconceptions.
The primary tool use by the Law Society to regulate advertising by lawyers in Ontario has been Rule 12 of the Rules of Professional Conduct. Rule 12 was relaxed in 1987 to permit advertising. According to Cronk, it is perceived by many in the Law Society to be very permissive and broad.
Cronk told the audience that Rule 12 has sparked very few complaints but an increasing number of inquiries from lawyers who want their promotional material vetted by the Law Society. The Law Society is interested in providing such assistance. They are prepared to review advertising copy and suggest any necessary changes to prevent possible infractions.
Cronk also confirmed that any type of medium, including the Internet, may be utilized for lawyer advertising. However, she cautioned that the type of activity being carried on utilizing this new medium could still get a legal professional into hot water.
General descriptive information about the lawyer or law firm on a web page is permissible. However, the use of a "guest book" followed by direct solicitation of visitors may not be. Web site contents must still be in good taste and must be accurate and verifiable.
Comparative selling is still prohibited. Ontario lawyers can't say that their firm is better than their competitors. Discussion about fees is permitted but a lawyer may not suggest a fee reduction, discount or special price. Lawyers must also be careful not to say they are an expert or specialist unless actually accredited by the Law Society.
Cronk also talked about the Committee's recent involvement with the use of 900 numbers by lawyers to provide legal advice. Although the proposals were acceptable, one of the conditions imposed was the notification of callers that some loss of confidentiality would result because a third party, Bell Canada, would know that a particular caller sought legal advice.
Law Firm advertising has come out of the closet and joined the mainstream. Many US firms are taking a serious strategic approach to the use of advertising to solve problems, capitalized on opportunities and develop a pre-emptive competitive position. The person advising many of them has been Jay Jaffe, a Washington D.C. based law firm marketing guru.
Jaffe spent the bulk of the seminar educating those attending about the basics of advertising. He demonstrated, using examples and success stories, how a firm can begin to develop a successful advertising program.
According to Jaffe, some of the more important objectives that can be achieved from law firm advertising include raising awareness of a firm or practice group, differentiating between firms, reinforcing the buy decision of current clients and support of recruitment efforts.
Advertising will not sell a firm directly. It will help the firm get found but not necessarily get chosen. It also won't provide overnight success. Unlike the retail environment, the buying cycle for professional services is much longer.
However, advertising can be very successful in helping a firm differentiate itself from its competitors. This task is especially difficult for larger firms because most are very alike. In this situation the firm has to create something. This can be done through "positioning" in the same way that is used to differentiate products in other industries.
One critical position is being first at doing something. For example, a US firm ran an add that contained a guarantee signed by each partner that if the client didn't like the work, the firm would "make it right". Although most law firms would say they have the same policy, this firm came off looking like it was offering something innovative.
Another ad run by a US firm said "if your product isn't generic, why is your law firm?" The ad didn't directly say the firm running it was better than other firms, but the implication to the reader was clear.
Another critical position is owning a category. Although many large Canadian law firms can service clients in many major cities, does a particular firm come to mind if you hear "national law firm"?
Speaking about the Internet, Jaffe called it the ultimate advertising experience. There are currently over 600 US law firms already on the net. He called print advertising combined with an Internet presence an unbeatable combination. It is important to promote the site in your print advertising and your firm and practice area brochures.
Jaffe stressed the importance of beginning to culturize oneself and associates into the way of the future. New ways of doing things need time to sink in. Young lawyers surfing on the net today will be the ones leading the firm in the future.
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