*For the purpose of this blog, we use advertising and marketing interchangeably.
Unprofessional and unethical – that’s how legal marketing was viewed until a 1977 landmark Supreme Court decision in Bates v. State Bar of Arizona opened the doors for lawyers to begin advertising for the first time. Lawyers Bates and O’Steen placed an advertisement in the Arizona Republic newspaper offering low-cost legal services despite the State Bar of Arizona prohibiting such ads at the time. The State Bar disciplined Bates and O’Steen, but the lawyers argued the advertising restriction violated their First Amendment right to free speech. Ultimately, the Supreme Court ruled in favor of Bates and O’Steen, stating that the First Amendment protected truthful advertising by lawyers. This decision dramatically changed how lawyers could market to prospective clients and how the public accessed legal services.
Professionalism vs. Promotion in Advertising
Following Bates, you might think lawyers jumped at the chance to achieve visibility with potential clients in a new way; however, many continued to be uncomfortable with the idea of advertising. They still viewed it as unprofessional and at odds with the American Bar Association’s (ABA) Model Rules of Professional Conduct adopted in 1983, replacing the earlier Model Code of Professional Responsibility. The Model Rules of Professional Conduct provide guidelines and standards prohibiting lawyers from making false or misleading advertisement statements. So, while Bates made it legal to advertise, the decision didn’t address ethics. The ABA and state bars quickly stepped in to impose restrictions to prevent lawyers from guaranteeing results or making unverifiable advertising claims.
Compounding lawyers’ ethical concerns is that advertising rules vary by state. Each state has its own rules of professional conduct based on ABA model rules, but states are not required to adopt them verbatim. For example, Florida is considered one of the most restrictive states, requiring all television, radio, print and internet advertisements to be filed for review with the State Bar at least 20 days before their first use. California is somewhat more relaxed in its approach, although lawyers can’t promise outcomes or be misleading in ads, among other restrictions. The state rule variations can create challenges for firms operating in multiple states, and further lawyer apprehension about maintaining ethical standards and avoiding disciplinary action.
A Cautious Step Forward: Directories and Print Ads
For firms that tested the advertising waters after the Bates ruling, it was primarily in the form of phone book directories such as the Yellow Pages and simple print ads in newspapers. The advertisements included basic information and were often limited to text – the firm’s name, address, phone number and a list of services offered. The tone was understated compared to many of the ads we see today.
Over time, law firms began to incorporate more creative elements such as a tagline, but they were used to convey reliability and expertise versus being flashy and attention-grabbing. You may have seen something like “Experience in Family Law. Call Us for a Consultation” as a headline. This conservative approach underscored that lawyers didn’t want to stray too far from tradition. They thought their quality work would speak for itself and any form of advertising could hurt the public’s trust in their firm.
Introduction of TV and Radio Ads
In the early to mid-1980s, a couple of key changes happened:
- Increasingly more states allowed radio and television advertising. In 1984, New Jersey became one of the first states to allow law firms to advertise on radio and TV, with the N.J. Supreme Court stating, “Previous rules were steeped in traditions that severely limited communication. The new rules are more consistent with modern goals of increased information as a basis for consumer decisions.” However, there were specific restrictions, including “lawyers may not employ cartoons, dramatizations, personal endorsements or music and may not compare themselves with other lawyers in their radio or television ads.”
As legal advertising made its way onto TV, radio, and billboards across the U.S., personal injury lawyers, in particular, took advantage of these platforms to reach a larger audience. With this came a shift away from conservative ads to catchy taglines and statements that we’re used to hearing now. This was the advent of law firms claiming, “We will fight for you” and “You may be entitled to a large cash award.”
Example: 1990s New York TV commercial featuring Bruce Davis promoting 1-800-LAWYERS.
Even though these ads were becoming more commonplace, they had critics in the legal world. Many felt that firms were competing on slogans rather than substance.
Texas attorney Jim Adler, one of the first to air commercials, said in a CBS News interview, “I was a pariah. People couldn’t believe that I advertised.” Regardless of what his colleagues thought about his ad, “I’m Jim Adler, the tough, smart lawyer!” Adler said they worked. “I went on one channel, and the phone started ringing off the hook.” To date, Adler says his firm has spent over $100 million on advertising.
Example: Jim Adler – “I’m Jim Adler, the tough, smart lawyer!”
- The National Association of Law Firm Marketing Administrators was formed in 1986, now known as the Legal Marketing Association (LMA). This was the first organization of its kind that supported and advanced efforts in the legal marketing space, bringing together marketers, business developers and law firm administrators. As law firms began adopting more sophisticated marketing strategies, there was a growing need for a professional network that could share ideas, best practices and promote ethical standards.
Former LMA President Mike Ralston said in an interview that before LMA was formally established, a group of marketers came together in 1985–86 to discuss marketing and business development in law firms. He noted that there was “something of a clandestine air about the whole thing” and many of the attendees did not want their names or the names of their law firms published in any formal notes. It’s clear there was still a stigma surrounding legal marketing.
Today, LMA is a thriving organization with thousands of members globally who proudly hold the titles of Marketing Director, Business Development Director or similar roles, which is a testament to how much this area has grown.
Going Digital: Websites, Search Engines and Social Media
The introduction of the internet completely changed the game for law firm advertising, albeit not immediately. Law firms have historically been slow to adopt new technology and marketing strategies, mainly due to the industry’s emphasis on caution and reputation. But as the internet grew, law firms began publishing websites that could reach potential clients beyond traditional media. They established an online presence that showcased their full range of services, expertise and more, all in one place. Even though websites were pretty basic at the outset, they were a badge of credibility for lawyers.
Then, as we entered the early 2000s, Google and similar search engines further transformed the online advertising landscape. Search engine optimization (SEO) and pay-per-click advertising allowed law firms to target keywords such as “real estate lawyer Los Angeles” or “personal injury lawyer Chicago” to strategically find new clients. These tools expanded their reach and allowed law firms to stand out in a competitive market. Today, SEO and digital advertising have become essential components of many law firms’ marketing campaigns.
Around the same time, search engines gained traction, social media platforms like Facebook, Twitter and LinkedIn began popping up. Social media provided another avenue for law firms to interact with the public and create more visibility for their expertise and services. These platforms have enabled lawyers to show their personality and humanize their image while building trust with prospects and referral sources. Many (but not all) lawyers have now embraced social media and leverage it to share insights and promote their practice without the “hard sell” they tend to shy away from.
Striking a Balance in Legal Advertising
You may have noticed a theme as we discussed the evolution of legal advertising – even as new opportunities came about and lawyers took advantage of the tools, there continued to be hesitation. Because the legal industry relied on reputation and word-of-mouth referrals for so long, direct advertising was associated with a lack of professionalism or “ambulance chasing.” Flashy slogans or promises of big settlements reinforced this perception and left a bad taste for lawyers who preferred to stick with the old way of doing things.
But as attitudes have slowly shifted, lawyers are seeing that you can advertise without sacrificing who you are or your integrity. Marketing can be done in an authentic, professional way that still gets the attention of prospective clients – without going full Saul Goodman!
Example: Better Call Saul | Jimmy Saves the Billboard Worker
That’s not to say every marketing strategy is right for every law firm. How you approach marketing should depend on your goals, practice, target audience and your budget. A nationwide personal injury law firm will likely have a robust campaign that includes TV, radio, billboards, digital and social media advertising to cast a wide net. Whereas a boutique family law firm with a smaller, niche client base may find greater success in personalized advertising in a local market.
At this stage, Berbay doesn’t have to sell many lawyers on the importance of having a website, but the scope and depth of the site can vary significantly from firm to firm. Using our prior example, a PI law firm will want a site highlighting case results and dollar amounts, client testimonials and access to extensive resources. The family law firm may focus on their lawyers’ expertise and community leadership with less emphasis on SEO-driven content. Similarly, while we encourage law firms to be active on social media, it doesn’t mean every firm should be on every platform. Some firms will benefit from being on LinkedIn; others should have a stronger presence on consumer sites like Facebook and Instagram.
Ultimately, law firms should tailor their advertising initiatives to reflect who they want to reach, their business development goals, and their resources. This ensures they attract clients in a way that aligns with their firm’s values and supports their growth strategies.
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Berbay Marketing & Public Relations has nearly three decades of experience providing law, real estate and financial firms with strategic marketing and public relations services that propel your business forward. Berbay’s dedicated team has demonstrated success securing media placements, achieving nominations and rankings, revitalizing websites and social media, obtaining speaking engagements, and more.
Looking to grow your firm with a proven marketing and PR team? Contact Berbay at 310-499-2584 or info@berbay.com
