A Look inside an ALAME Gary Weitzel’s Commentary on Micah Buchdahl’s “Web site Marketing: the basics.”

Part 3 — Final Thoughts

Disclaimer: This article is commentary on an article written in the ALA Management Encyclopedia. The views expressed are Gary Weitzel’s and any quotes from the article are in italics or within quotes.

Most Atlanta ALA members are familiar with the ALA publication ALA Management Encyclopedia (ALAME), an online resource found on ALA’s portal at http://thesource.alanet.org. However, many members have not read the articles in this growing collection of issue-specific articles written by leaders in the legal management profession. To provide a look inside the quality articles in the ALAME, Gary Weitzel, ALAME’s first editor-in-chief, provides commentary to industry expert Micah Buchdahl’s article¹ “Web site Marketing: the basics” released on October 25, 2005 in the ALA Management Encyclopedia, the online resource. Weitzel notes that Buchdahl writes a comprehensive, well organized and utilitarian article about the relationship of a modern law firm Web site to both marketing and communication; marketing to prospects and communicating with clients, members of the firm, and the public in general.

Part one, published in Winter 2005 by Atlanta Chapter of ALA, provided commentary on the basics of Web site planning, budgeting and the Web site’s relationship with marketing in general. The author recommends that you review Part one, as the concepts discussed are amplified in this article.

Part two discussed return on investment (ROI) of Websites and search engine optimization (SEO). This commentary may be especially informative to Executive Directors, Office Managers and marketing staff because Buchdahl speaks directly to:
1. Electronic marketing core services,
2. Web site development,
3. content development & management,
4. Web site and search engine optimization, and
5. Strategies that managers and administrators must consider as they plan and budget for Web site development.

Part three discusses potential problems with Website advertising and reviews some of Buchdahl’s suggestions to avoid any appearance of impropriety.

About Buchdahl’s Article

Buchdahl’s article opens with this reminder:

It is hard to believe that day-to-day use of Web sites in law firms is approaching its ten-year anniversary. Some firms are working on iteration four or five, while others are still tweaking their first site. Regardless of a firm’s size or practice, its Web site is an important and necessary component to the firm’s business operation.

The marriage of marketing and technology exists throughout law firms — with the use of CRM (client relationship management software), intranets, proposal centers, market research databases, in-house graphics and publishing capabilities, knowledge management, out-of-office accessibility (BlackBerries, virtual private networks (VPNs)), electronic billing and client access. This article focuses on basic concepts of Web sites and related services, including Web sites themselves, extranets, e-mail, referral services, blogs (Web logs), sponsorships and banner advertising, and search engine optimization (SEO).

The article is not intended to address specific ethical rules concerning lawyer advertising and marketing, but to present the concepts of Web marketing.²

Buchdahl advises that
Every firm regardless of size, practice or industry served needs a Web site, not as a sales strategy, but as a key component to the business operation of the law firm.

Potential Problems and Issues with Websites

Websites are usually considered an element of firm marketing, as opposed to a strictly Information Services function. Many firms use their Website as an online brochure, mimicking their print presentations (articles, brochures, flyers, newsletters, etc.) and enhancing attorney profiles with internal links to firm specialties, practice areas, publications, decisions and other areas to enhance the overall collection of experience and expertise areas.

Buchdahl provides a series of questions to help administrator’s identify potential problems and recommends working with the firm’s state bar association’s ethics committee if a concern is raised.

1. Avoid Creating or Suggesting an Attorney-Client Relationships

Buchdahl reminds us that information gathering might be construed as forming an attorney-client relationship. My review of law firm Websites discovered that few firms provide any on-line forms that might be construed as questionnaires. Most sites simply have an email link or a contact form with no detailed questions to allow the reader to request more information about the firm. Buchdahl stresses that all law firm Websites must have a Website disclaimer that meets state bar ethic committee criteria and recommendations to avoid any appearance of forming an attorney-client relationship. This author’s opinion is that an intended use statement is also appropriate for professional Websites.

2. Avoid Conflicts

Buchdahl warns sites that have a mechanism to gather client information to be particularly cautious to double check any automated process designed to check conflicts. “The more the firm automates its intake system, the more likely the partners and legal administrator may miss important steps in the conflicts checking process.” Some firm’s may use an extranet to gather additional client/matter information once the engagement is accepted. If that is the case, the firm should include a Website/Extranet privacy statement that clearly explains how to submit personal and confidential information to the firm.

3. E-commerce and E-lawyering

A rather small, but sophisticated number of law firms may provide the majority of their services on their Website. Buchdahl suggests that these firms safeguard client confidentiality by writing disclosures and warnings to remind users not to provide confidential information unless a formal engagement letter is established, and then provide a detailed privacy policy to explain how confidential information will be safeguarded.

4. Online Brochures and Unintended Representations

Most law firms use their Websites as online brochures. As with all advertising, well written and truthful representations of the firm’s services and experience are crucial. Use caution when explaining your firm’s expertise, how you can provide legal services, and in which jurisdictions the firm can represent clients. Buchdahl reminds administrators that bar guidelines regarding advertising must be followed. Because Websites have a global audience, be very clear about the jurisdiction(s) that your firm is authorized to practice law in and contact your state bar association ethics committee with any questions you may have.

5. Advertising Restrictions — Follow State Bar Rules on Advertising

Any law firm marketing techniques or representations prohibited in the print media would also be prohibited on the Website. This point is especially clear if your firm is using the Website as an online brochure. If your print brochure has been properly vetted and you are mirroring the media on the Website, you should have no problem meeting appropriate advertising guidelines.

6. Disclaimers, Privacy and Intended Use

In my earlier articles, I encouraged law firms to review in detail the Websites of competing firms. Buchdahl suggests reviewing disclaimer language on similarly situated law firm Websites, then compare your draft or published disclaimer against the guidance provided by the ethics committee of your state bar association.

7. Responsiveness

It is so tempting to provide an email link or online form for visitors to gather more information about the firm. In our busy days, it is also so easy to push this task to the bottom of the “to do” list. If it is worth asking visitors to contact the firm for more information, it is worth monitoring these requests. Buchdahl suggests that the firm administrator or designee monitor Website requests, perhaps as part of monitoring traffic and content for the site. Some firms provide email links for attorneys. If this is the case, be sure the attorneys know that questions may be coming from the Website.

Most firms provide a single point of contact for any Website questions. This keeps monitoring fairly straightforward and discourages junk email to the attorneys.

Conclusion

Micah Buchdahl’s article is a must read for law firm leaders who are interested in electronic marketing or responsible for overseeing Web site development. Readers are encouraged to contact Rosemary Shiels, Esq. , ALAME’s editor-in-chief to learn more about the management encyclopedia’s no-risk trial offer and discuss the quality of articles in this collection of 100+ legal management articles.

In article 1 of this series, I concluded; “As I do research and contact law firms, it is stunning how many law firms have not updated their Web sites and hold to the “look and feel” conventions of the late 20th and very early 21st century. This is reflected both in their URLs and their SMTP email addresses. There is no better time to create your law firm’s Web presence with a first generation Web site, or to update your existing Web site with a new “look and feel,” with strong functional elements as opposed to flash and other irrelevant features.” <link to article 1, December 2005>

The conclusion for article 2 of this series is; “For SEO and overall user satisfaction, this motto still applies; “content is king.” Relevant content on your Web pages should be between 200 and 400 words with good keyword density and a strong relationship to your title and heading tags. Every page must have a title specifically related to that page and its content. Search engines are interested in text, not images, graphics and flash. All said, the “content is king” motto must be followed to improve the success of your Website. As recommended by internet marketing expert Amy Campbell, “add/update content frequently.³ (Write dammit!)” <link to article 2, summer 2006>

My conclusion for article three is simply this; Follow the rules and guidelines established by your state’s bar association ethics committee to build the firm’s Website in the way the leaders of the firm envision it. Buchdahl’s article reinforced the many “intended uses” of law firm Websites from simple online brochures to more sophisticated e-commerce and e-lawyering sites.

An attractive and inviting Website is simply another component of your Firm’s service to the legal community and to your client. ALA’s commitment to helping administrators understand the many aspects of Website development, marketing and the integrity of the information and services published is reflected in this fine article by Micah Buchdahl.

© 2006, Gary W. Weitzel, MSLA.
All rights reserved worldwide.
Reprinted by AALA with permission of author

¹ Micah U. Buchdahl, Esq. is an attorney focused on assisting law firms with business development initiatives. He serves as chair of the marketing core group in the American Bar Association's Law Practice Management section, as well as on the ABA LPM education board and marketing & membership committee. Buchdahl is a faculty member of the non-profit Pennsylvania Bar Institute. Based in Moorestown, New Jersey, Buchdahl serves as president of HTMLawyers, Inc., a law marketing company. With HTMLawyers, he provides services ranging from consulting and project retainers to in-house CLE and law firm retreat programming.
Prior to law school, Buchdahl served in marketing and public relations functions within the National Hockey League and Major Indoor Soccer League. He also served as a journalist for The Baltimore Sun . Buchdahl attended Temple University both as an undergraduate (B.A., journalism, magna cum laude, 1985) and for Law School (J.D., Dean's List, class president, 1991). He is admitted to the Pennsylvania Bar. Buchdahl writes and lectures extensively on marketing, technology and ethics to law firms and law-related organizations throughout the world.

² Introduction by Micah Buchdahl, “Web Site Marketing: the Basics,” October 25, 2005 in the ALA Management Encyclopedia , the online resource at ALA's portal at https://thesource.alanet.org/portal/admin/login.asp?UserID=17879&
RedirectURL=/portal/communities/community.asp?UserID=2&CommunityID=217 .

³ “Top Ten Ways to Improve Your Web Site's Search Engine Ranking, Amy Campbell, May 28, 2006 at http://www.infoworks1.com/seo.html

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