According to state and federal laws, companies must keep different types of records for a specific amount of time in the business world. For example, accounting records should be retained for a period of seven years in case of an audit. In terms of advertising, the state laws differ. Here are how those laws apply to California.

California Law Regarding Retention of Advertising Records

Prior to 2018, the State of California required lawyers and law firms to retain all advertising records for a minimum period of two years. The revision states:

“The requirement that a lawyer retain copies of all advertisements for two years has become increasingly burdensome, and such records are seldom used for disciplinary purposes. Thus, the Commission, with the concurrence of the ABA Commission on Responsibility in Client Development, is recommending the elimination of the requirement that records of advertising be retained for two years.” 

Additionally, the board recognized that a...

I am Kyle Ean Haggerty, Director of Business Development with Ingage Digital Marketing and Public Relations, welcome to your MARKETING MOMENT. 

Recently, I was in Orlando, Florida, teaching a workshop on Marketing and Public Relations and one of the business owners asked me a question that inspired me to make this video. 

She stated and asked: "There are times when barely anyone visits my website, and then there are times when I have many visitors go to my website, but the potential clients are different from what I am looking for. Please tell me what to do. 

Many business owners can relate to this, so I am giving you a quick checklist to consider when trying to raise the number of views on your website and attract more customers and the right clientele. 

First:

If the number of visitors to your website is low, add keywords that describe the nature of your business, products, and services. If you have already done that, then add words that are similar in...

Welcome to 2023! I am Kyle Ean Haggerty, Director of Business Development with INGAGE Biz, Digital Marketing & Public Relations. As we are starting this new year, many of you may be considering your New Year's resolutions for your business. 

That is exciting!

Some people say that you should never look at the past and always look forward to the future. In some ways, this is true; however, you need to look at the success and failures of the past to determine what is best for your business in the future. 

When considering your resolutions and marketing plans for 2023, it is essential to take an overview of 2022. 

What was your return on investment? 

• How much money did you send? 
• And based on the amount, did you get the desired outcome?
• Let me give you a simple formula to consider: How much did you spend overall, how many inquiries did it produce (inquiry calls), of those inquiries calls, how many presentations were given, and from all of that, how many...

Legal advertising in the state of California can be tricky. Attorneys must learn about the laws and follow them explicitly to remain compliant. The State Bar of California sets the regulations and enforces them. A legal professional may be subject to disciplinary action if they violate these rules.

When You Can Pay for Someone to Recommend Your Law Firm

According to the State Bar of California rule 7.2 on advertising, there are specific situations where you can pay for someone to recommend your law firm and others where it is prohibited. Some cases where it is okay for you to pay to have someone recommend your law services include:

Legal Referral - Attorneys can pay standard charges to hire a firm that offers legal recommendations as part of their regular services. The legal referral service must operate within the State Bar of California’s Minimum Standards for a Lawyer Referral Service in California.

Paid Advertising - A lawyer can pay for legitimate advertising or...

Lawyers and firms must be very careful when advertising in print ads, online, or other mediums. Each state has its own take on marketing for law firms, and California has some very interesting rules. One, in particular, applies to any misleading or false information in ads. 

Rule 7 - Misleading or False Information in Ads 

Advertising may apply to any public solicitation or private communication, such as email campaigns. Rule 7 of the California Bar rules on marketing state that any attorney or law firm's website must not contain any information that may be perceived as confusing, deceptive, or misleading. 

Absolute statements like "best," "lowest," "most," "highest," "will," and 

"better" should not be used in advertising or marketing as they imply assurances you cannot guarantee. Additionally, you cannot make false, misleading, or deceptive statements about your fees, services, or results.  

Honesty in Marketing 

The law also points out that the...

Lawyer advertising can be a slippery slope, and you must be extra careful in the messaging and promotion of your legal services. Marketing for lawyers is subject to strict laws enforced by the Florida Bar. 

The Florida Bar Marketing Review Process

Before using an ad, you must send it into the Florida Bar along with the filing fee, the ad’s duration and usage, 20 days before publishing or using it. 

Once the Florida Bar receives it, they must review it within 15 days. The only exception is if they require additional information or determine that they need to examine the ad further. Either way, they will inform you of the need for more info or that it was rejected or accepted. If you do not receive any communication from the Florida Bar within 15 days of receiving it, you can use the ad and consider it approved. 

You must submit each advertisement separately, and the Florida Bar will open a new file for it and assign it a unique identification number. The Florida...

Although the Florida bar is strict about rules applying to advertising and promotion for lawyers and law firms, there are some exceptions to the rules. Some of the times when the Florida bar rules don't apply are:

Running an Ad in Another State

If you are licensed to practice law in multiple states, Florida's advertising rules do not apply to you if you market your services in another state or jurisdiction. However, keep in mind you must comply with the laws of that area, but as long as the ad is not sent to Florida residents, then you are safe.

Marketing with Post Cards

You can promote your law services using postcards as long as the campaign is not a targeted direct mail advertisement. However, you must place the postcard in an envelope, or it must be converted to a self-mailing, fold-over style brochure. All information about the matter must be concealed when sending it through the mail. You must also mark the postcard with the word "advertisement" in a bright, easy-to-read...

Believe it or not, just about everyone has a brand online. Whether you are aware or not, if you are in business, people are probably talking about your services either on social media, on blogs, or in reviews. That means you have an online reputation you must manage to keep it positive and working for you. Negative comments, regardless of their validity, can hurt your brand.

How Can I Find Out if My Brand/Reputation Needs Work?

Like most consumers, legal clients go online to do research before hiring a lawyer. While it's essential to have a legal marketing strategy, it must also include your brand management. The first step is to find out what people are saying about you and your law firm. 

The best way to start managing your online reputation is by Googling yourself to see what comes up. Open a private browsing page so your search engine won't feed you things that align with previous searches. Be sure to use search terms including your name and things like "lawyer" and "law...

If your law firm has a website, your legal marketing efforts should also be online.  Customers don't just use Google to find you. There are dozens of other ways you can conduct law firm internet marketing effectively using the tools already available to you.

What is Online Marketing for Lawyers?

To be successful in our modern world, most people live online. Much of our personal information is stored in the cloud, and business is conducted through email, communication channels, and video conferencing. Online marketing for lawyers is an essential piece of the puzzle. Online technologies offer law firms new opportunities to connect with clients. Historically, legal marketing was limited to phone book ads, magazine and newspaper ads, radio, TV, bench, bus, and billboard advertising. The internet and social media open up new avenues for a legal marketing strategy that is both successful and cost-effective.

Why Should Law Firms Have an Online Marketing Plan?

The goals of law firm...

Learn how to recruit and retain top talent during the Great Resignation with Katherine Doble, CEO of INGAGE,  a full-service legal and financial marketing firm. Chat with us at [email protected]