There are two factors that generally distinguish law firms from other businesses when it comes to digital marketing. The first (and perhaps most important factor) is the most obvious. It relates to the fact that law firms are not businesses; they operate or practice within a "highly regulated" profession. As such, they (or their members, actually) are governed by rules of professional responsibility. Translated into “plain speak”, this means that strict guidelines are imposed upon lawyers affecting their ability to solicit new clients--- both on- and offline. In other words, great care must be exercised when digitally marketing legal services. Anyone responsible for digital marketing on behalf of a law firm must, therefore, be cognizant of all of the relevant state laws and rules of professional responsibility governing the solicitation of new business by lawyers, generally; and apply the same to any content created or disseminated on behalf of such firm.?
To best understand the distinction between legally permissible and impermissible law firm marketing we must first examine the distinction between inbound and outbound marketing.?In short, inbound marketing (i.e. websites, SERP/PPC, opt-in email marketing, etc.) generally consists of content that "passively" attracts "interested" prospects. Outbound marketing generally consists of content that is broadcast to the "general public" to generate demand for a particular type of legal services. This includes TV and radio ads, billboards, etc. Inbound marketing is generally deemed permissible; whereas only certain outbound marketing is presumptively permissible.?A good rule of thumb is that all law firm marketing should be inbound in nature, unless it falls within the "paid advertisement" exception (i.e. an approved television, billboard or radio ad).
The second factor distinguishing law firms from other businesses (when it comes to digital marketing) relates to the level of competition that generally exists within that business community. In 2022, the annual revenue generated in the legal services sector of the U.S. economy was approximately $348.59 billion. According to the ABA, there are approximately 1.3 million attorneys currently in the U.S. each of whom competes, directly or indirectly, for a share of this very lucrative market. As a result, it should come as no surprise that?the term “lawyer” (and similar terms) have the “fourth highest cost” as compared to other Google adwords, with an average cost-per-click (or “CPC”) of $54.86----a staggering sum, particularly considering the fact that only 6% of all web traffic is attributable to “paid ads” , with the remaining 94% being attributable to "organic" search results. Despite these dismal statistics, there is no shortage of law firms that rely almost exclusively on PPC (or Google paid ads) for their "inbound" web traffic. As a result, these firms measure their monthly ad budgets in terms of hundreds of thousands of dollars (if not more).
Moreover, the trend in the industry is sharply upward in nature. Studies show that most firms are responding to the incidence of rising Google adword costs with a sort of "knee-jerk" response, which is to spend even more money. With these market pressures at play, it’s conceivable that market pressures to spend more money will take the PPC market to a point where the result is a condition known as “diminishing marginal return”; that is, the return on investment is less with each additional dollar spent for PPC advertising at the margin.
I believe that the market has already surpassed this point, which is why I would submit that "value" will be the "cornerstone of success" as we move forward in this "hyper-competitive" digital marketing environment. Accordingly, the goal should not be to outspend your competitor ; but rather, the goal should be to “out-market” it. I would go even further to say that the goal should be to establish a "sustained" competitive advantage relative to other firms that would enable the first firm to “out-produce” its competitors (from a marketing standpoint) --- both quantitatively and qualitatively--- over an extended period of time.?Once this competitive advantage is established, success will follow in the form of greater relevant "inbound" traffic to the firm website and better client engagements on social media, which, in turn, should lead to greater retention, which will lead to more clients.
The obvious question at this point should be …. how does one “establish a competitive advantage” in this hyper-competitive environment? I believe that “off-shoring” certain tasks relating to your firm’s digital marketing program is essential. Likewise, I believe “bringing in-house” certain other functions is also imperative to establish the highest level of efficiency. Specifically, the creative production should be performed in house; and most (if not all) of the "technical" IT work should be sent "off shore", in my opinion. The savings that are naturally realized from this two-pronged approach should then be re-invested into the program. Over time, this approach will yield substantial returns on investment.?
While some may take a "dim" view of off-shoring, it is absolutely imperative as part of the process of operating a digital marketing program at the highest levels of efficiency. If administered properly, off-shoring can reduce costs by at least 35% (perhaps as much as 60%) with little or no drop-off in quality; in fact, in some instances, there may be an improvement in quality over the domestic counterpart. In-housing certain aspects of the program may have the effect of reducing costs by at least 50% (over the costs of a domestic contracting firm). ??
Ultimately, in order to achieve peak efficiency, the entire digital marketing program should be administered or directed by a dedicated “in house” employee with an intimate knowledge of the firm and practice. This in-house "single-point person" should have a law degree with practical legal experience, ideally. Also, as discussed above, this individual should be an integral part of the “creative” process. ?And finally, this individual should be responsible for determining which of the tasks (identified below) will be performed in-house, and which shall be outsourced to an off-shore firm, if any. From a strategic standpoint, having the entire program administered from a “central” position in-house (with most if not all of the creative being performed in-house) will insure that the content creation will be maintained at the highest levels of quality; and the overall program will be operated at peak efficiency.
Digital marketing consists substantially of the elements set forth below. These elements collectively will make up your firm's "brand". Keep in the mind that the objective is to create a constant stream of “high quality” digital content (within the basic framework described below) that will establish your firm's "brand" based upon the "institutional" market leadership demonstrated by your firm in the eyes of your "target audience". This may be difficult in certain cases. I have found that when it comes to digital marketing, perception is everything. By that I mean that the public's perception of a firm may be impacted by the quality of the digital content that is created by (or on behalf of) that firm. We call this "brand identity". A law firm's brand identity may be enhanced by "unique and authentic content". Accordingly, content creation for law firms can be more challenging than ordinary corporate firms. With that said, the following is a brief summary of how digital "martech" may be applied to market legal services--- all in accordance with all rules and norms of the legal profession. The "in-housing/off-shoring" process outlined above should be considered with respect to the following elements:
- Website/Web Development- is (or certainly should be) the anchor of the firm's digital marketing program. The website should accurately and clearly describe the specific services and areas of expertise, the attorney bios, community involvement, thought leadership (see Blogs, below) and any other aspect of the firm that may be relevant to prospective and existing clients. In addition, the website should facilitate engagement(s) with new site visitors as they enter upon the site as a result of other digital marketing activities (described below). A good website should serve two functions, it should act as a sort of "sales funnel"; it should also provide good information to the public. As stated above, the website should be at the very center of the firm's "inbound" marketing strategy. On the issue of in-housing/off-shoring web development, it is my opinion that "basic" web design (and maintenance) should be performed "in house", if possible. For small firms, a CMS website may be best. This sort of "user-friendly" system will enable "in-house" personnel to do updates to content from time to time as needed. "Sophisticated" web development projects, however, that involve "coding" should probably be outsourced to a highly qualified off-shore firm, subject to proper attorney supervision.
- Blogs- are actually a relatively low-cost form of content marketing, and an important part of a firm's digital marketing program. Simply stated, a blog is a web page that enables a law firm to discuss legal topics in an article format. A blog may be made a part of the firm website (which is highly recommended); or alternatively, it may be a stand-alone page as well.?In either event, it’s an ideal forum to establish thought leadership of the firm in one or more areas of the law.? Moreover, blogs may be promoted very effectively using "organic" SEO protocols (see below). Finally, blogs may be published on several different sites in different formats to substantially extend the reach of the firm's digital marketing program. For obvious reasons, "law firm" blog writing should be performed in house under the supervision of one of the firm's legal practitioners.
- Social Media/Content Marketing- is the effective use of social media networks (i.e. Facebook, LinkedIn, Instagram, etc.) to establish or enhance the public's “brand awareness” of the firm. The main objective of social media/content marketing is to stimulate "positive" engagement in those social media platforms where one's target audience resides. This sort of marketing is generally palatable to certain legal practitioners who show open distain for "traditional" outbound advertising (i.e. TV and radio ads, billboards, etc.). There are three types of social media content ----owned, paid and earned. "Paid" is defined as content that "gains" its audience as a result of direct payment or sponsorship; whereas the "owned" or "earned" content gains its audiences "organically". Social media campaigns may be inbound or outbound in nature.?I have generally found that "inbound" marketing strategies are most effective for attorneys with transactional or corporate-based practices (i.e. corporate and securities law, real estate transactional law, banking, etc.). Whereas, "outbound" marketing strategies are most effective for consumer-based practices (i.e. personal injury, workers compensation, criminal law, etc.).?It is for the reasons discussed above that I would keep all aspects of the social media marketing program in house.
- (GOOGLE) SEO/PPC/LOCAL LISTINGS– is an important aspect of a law firm's digital marketing program, particularly for firms engaged in consumer-based practices (i.e. personal injury, bankruptcy, workers compensation, family law, etc.). SEO (which includes PPC, and "Google" Local Listings) is considered to be a form of inbound marketing because it is search-based, which means that the law firm is relying upon the target audience to actively “search and find” the firm’s content (i.e. website, social media channels, etc.).?All things considered, I am not a big proponent of PPC marketing. As discussed above, the costs of "law-related" Google adwords are are high, comparatively speaking, and getting higher. Moreover, paid ads only garner 6% of the overall search traffic on the web, notwithstanding the fact that these ads appear at the top of the search page. I am, however, a big proponent of "Google" Local Listings (for consumer-based practices, only) and "organic" SEO (in all cases), which are based upon location (in the case of Local Listings) and the Search Engine Ranking Position (SERP) of the firm's website, among other things, which is established by Google, Bing, or Yahoo, as applicable, based on the “algorithmic relevance” of the law firm’s web content with respect to the search term(s) or phrase(s) in question.?Although the process of gaining a high degree of relevance is complex, requires a high level of technical competence, and takes months to establish, SERP (and "Google" Local Listings) are a far better value proposition than that presented by PPC advertising.?Let me close this section by stating that several of the technical aspects of SEO can and should properly be outsourced (i.e. technical optimizations, link building, etc.) to a highly qualified off-shore firm, in my opinion, if properly supervised.
- Promotional Videos/YouTube/Podcasts- a YouTube channel (which includes podcasts for purposes of this discussion) is an invaluable “low-cost” digital marketing tool. Specifically, it may be used to facilitate so-called "content marketing" to educate the public about any aspect of the firm's practice. I believe that the YouTube channel may be best used, if it is used to give the firm's target audience a "360 degree" view of the firm and it's participants, including matters relating to thought leadership, community involvement, and any other matter that will enhance the firm's brand identity. In addition, a YouTube channel is a space where a firm can firmly establish the "main" elements of its brand identity. Law firms, in my opinion, are generally notoriously bad when it comes to branding. Most law firms "look the same" when it comes to brand identity. I take the view that the firm YouTube channel is where a law firm may establish its "distinctive" brand identity---- (i.e. its own look, sound, beat, etc.) which will be identifiable to their target audience similar to certain iconic consumer brands such as Coke, McDonalds, Apple, etc. For obvious reasons, this portion of the program (as with other aspects of the creative process) should be performed almost exclusively “in-house”.??
- Social Influence Marketing- this is a form of digital marketing where so-called social influencers are used to promote a product, service or brand message to the audience of that particular social influencer. I have not seen this used much by law firms, but I believe it soon will be.?The only caveat to using social influencers relates to compensation.??It’s unclear how and to what extent social influencers can be compensated for endorsing or recommending the services of a law firm.??I take the position that the use of "paid" social influencers (similar to paid celebrity endorsements) is permissible under the "paid advertisement" exception under the state bar rules.?With that said, social influence marketing may take any one of two forms as follows: either (i) the “branded” content is delivered to the social influencer and is then posted on the social media channels of the influencer; or (ii) the social influencer is incorporated into the content itself and is then posted on social media. The key is to enlist the correct influencers to deliver relevant “inbound” traffic back to the host firm in an "ethically sound" manner. In light of the cutting-edge nature of this form of marketing, this part of the program should ideally be performed in-house.
- Public Service Advertisements (“PSA's”) – this is a fairly low-cost form of content marketing that can substantially increase the online profile of a law firm and its brand identity. We distinguish this from promotional video content because the purpose of this content is to positively "associate the firm" with certain social causes or events that drive the bulk of the online search traffic over a defined period of time. The key is to choose the correct “subject matter(s)” and/or “trending topics” that are safe and non-controversial that reflect the values of the firm, and not those that can create a negative backlash. On the issue of in-housing/outsourcing this element of the program, PSA's should be produced in the same manner (in-house or out-sourced) as the promotional videos (above).
- Press Releases- this is an under utilized digital marketing tool (in my opinion) to inform the public and media (both traditional and digital) about major developments that may impact your firm (i.e. the filing or pendency of lawsuits or civil motions, landmark judgments and settlements, notable additions to firm membership, etc.). This is one of the most exciting developments in the area of legal digital marketing tech. Digital press releases (combined with video production/content creation) will enable modern law firms to effectively mobilize both social and traditional media (on behalf of a client) in ways that were unimaginable even five years ago. In other words, digital marketing technology may be used not only for business development but also as part of the substantive legal services to be performed on behalf of the firm clients. Cision (formerly PRWeb) is one of the best online platforms for issuing "digital" press releases. Although this does not fit the technical definition of “digital marketing”, I mention it here as a vital tool if the goal is to maximize the firm’s online profile. For these reasons, press releases should be performed in-house.
- Email Marketing- (for client retention/engagement purposes, only) this is a low cost form of digital marketing. I am not a big proponent of email marketing for attorneys, except for purposes of client retention and engagement. By this I mean that email marketing is perfectly acceptable as a method of engaging with site visitors and keeping existing clients updated on matters that positively impact the firm, its attorneys, etc. I would avoid using email marketing (which would be considered "outbound" in nature) to solicit new clients for fear of triggering the CANN-SPAM Act, in addition to state laws prohibiting the solicitation of unrelated third parties. With these admonitions in mind, email marketing ideally should be performed, if at all, in-house or through a commercial email marketing service (i.e. Constant Contact, Mailchimp, etc.). I would also recommend investing in a good CRM (i.e. Salesforce, Hubspot, Agile, Bitrix24, etc.) to manage the email campaigns (in addition to any paid social media ads and/or PPC ads).
- OTT Advertising- is an exciting new hybrid form of advertising that combines digital marketing with traditional television advertising. I believe OTT advertising will eventually find an audience with lawyers with consumer-based practices (i.e. personal injury, workers compensation, divorce law, etc.). Also known as streaming TV, OTT ad content is delivered to viewers via OTT (“over the top”), or streaming TV technology. OTT ads offer the opportunity for law firm advertisers to reach new audiences at scale in a highly targeted manner. OTT ads have an advantage over traditional television ads and social media ads as viewers may be “retargeted” as they transition from television to digital media and vice versa.?In other words, the firm’s branded content can be made to follow targets as they transition from watching Hulu (for example) to sending emails, checking social media, and surfing the web.?The reverse is also true.?Studies show that such retargeting can increase the effectiveness of a digital marketing campaign. I think that there is enormous potential for law firm advertising in the area of OTT.??On the issue of off-shoring this element of the program, OTT advertising, for obvious reasons, should be administered in house.
The key to effective “in-housing/off-shoring” is to have a good understanding of the extent and limits of your team's "collective skill set", and assign tasks that will achieve the desired results at the lowest overall cost. For example, as stated previously, it may be a good idea to in-house video production; but yet, off-shore “hard coding” jobs. Ultimately, the entire program must be supervised by one of the firm’s attorneys to confirm that there are no misstatements of law or fact in any of the firm's digital content, and that the overall program is in compliance with all applicable law, rules and regulations, as mentioned at the outset.?This is cannot be overstated.
I should mention that the one caveat to contracting with off-shore firms is that one must choose reputable firm(s) that will deliver the desired products/services, as promised. One of the pitfalls of working with firms outside of the U.S. is there is little or no recourse, if the off-shore company fails to perform in any way. This is the fine print to this article (so to speak), which is why I am mentioning this at or close to the end.?
Ultimately, I hope the take away from this article is that there are still great opportunities to increase your firm’s market share using digital marketing tech even within this hyper-competitive market; provided that the “value proposition” is kept at the forefront of your program. This, however, may only be achieved by maximizing the level of efficiency of the overall digital marketing program rather than the level of spending. And finally, be sure to work only with reputable firms because once the money is paid to an offshore firm, there is no getting it back.???
If you have any questions about this article or any other issue relating to digital marketing of law firms (or any other entity), please direct message me, comment below, or visit our website at www.e-copywritersplus.com. Please refer to my firm's demo reel for examples of some of our past work.
Since this article was originally published, I have developed a list of 10 Tips For A Successful Digital Marketing Program.?Instead of making it into a separate article, I decided to make it into a video, and I am presenting it here as it closely relates to the matters addressed above.
