One of the most alarming things that can happen to an attorney is to be contacted by the State Bar regarding allegations of a potential violation of ethical rules. Many law firms are still hesitant to do much online legal marketing because of fears about potential State Bar violations. Such concerns are not without merit as the broad choices for online legal marketing options are constantly changing and evolving. Each new online legal advertising program or web-based method of promoting a law firm poses new ethical challenges. State Bar Associations are often skeptical of new emerging forms of online advertising and have challenged the ethics of programs, ranging from online referral systems to web-based legal matching services, with varying results. Some states have approved such programs while other State Bar Associations have been far more restrictive.
Some law firms find themselves in a quandary. The law firm builds a website, but discovers that the site is nearly invisible to search engines. When the law firm looks into search engine optimization or pay per click advertising, the law firm discovers that such forms of marketing can be enormously expensive. When a law firm then considers other ways to promote the law firm website, the firm will often consider online legal marketing programs. However, State Bar Associations in certain states have issued warnings about everything from pay per lead programs and online matching services to social media websites.
The problem for attorneys that do not want to take any serious ethical risks is how to make the law firm’s website relevant in search results without the risk of drawing the attention of the State Bar. One answer is to consider how State Bar Associations often view emerging technology in marketing and advertising. The newer the concept the more it is viewed with skepticism or concern. This means that online legal marketing that most closely mirrors traditional forms of advertising can provide the safest option in terms of avoiding ethical challenges.
Online legal directories, while more sophisticated than traditional phone book and print legal directories, are the most similar to these traditional forms of legal advertising. If a law firm is holding back from promoting their law firm website because of concerns about potential State Bar violations, a law firm may find that listing the firm on an online legal directory is the safest option. Online legal directories look very similar to offline legal directories and phone book listings that have been around for many years.
State Bar Associations are recognizing the scope and influence of the Internet and becoming more accepting of emerging forms of online legal marketing. However, a safe first choice for law firms that may be worried about conflicting with State Bar ethical rules is a conventional online legal directory.
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