Jurisprudence of Marketing: Marketing for Lawyers/Law Firms
Digital connectedness is everything. In today’s world, brands & businesses, especially emerging businesses, need to utilise the unparalleled tools of online marketing to thrive. For lawyers and law firms in India, navigating the complexities of traditional and modern marketing while adhering to strict regulatory restrictions can be challenging, but this doesn’t make them an exception to this rule.
As a starting point, we will explore the first of this series by breaking down the basics of Marketing in Law in this blog post into the following sections:-
Marketing Your Law Firm - A Necessary Tool
Restrictions in marketing in the legal field/What & Why (Need a better sub-title)
Marketing Strategies
1. Marketing Your Law Firm - A Necessary Tool
1.1 To Be Known: In a vastly unorganised sector, it is imperative to crave out a name for yourself right from the start. The increasing number of professionals intensifies competition, making it essential for lawyers and law firms to differentiate themselves from the crowd, for your peers as well as for the general public.
1.2 To Reach Your Clientele: Today's clients are more informed and proactive in seeking legal assistance. They rely heavily on online research to find legal services. An effective marketing strategy helps in building an online presence, thus making it easier for potential clients to discover and evaluate your services.
1.3 To Build Trust: In the legal profession, trust is paramount. Consistent and strategic marketing can build a strong, credible brand. Sharing success stories, client testimonials, and thought leadership content can establish a lawyer’s or law firm’s reputation as a reliable and expert legal advisor.
1.4 To Educate: Many people are unaware of their legal rights and the services available to them. By leveraging content marketing through blogs, articles, and informative videos, lawyers can educate the public and spread awareness about legal aid available to them.
2. Restrictions In Marketing In The Legal Field
The Indian legal system operates under a principle distinct from many other countries: a general prohibition on lawyers advertising their services. Rule 36 of the Bar Council Rules states the following:-
“An advocate is prohibited from soliciting work or advertising, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. Even the signboard, nameplate or stationery of an advocate should not indicate that he is or has been the President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General.”
In a world saturated with marketing and branding, this might seem counterintuitive, but in India the legal profession is highly respected and considered noble, as legal practitioners work towards providing justice and serve a social cause. The nature of legal services is benevolent, and advertising by lawyers is not deemed honorable due to the following reasons:-
To maintain the integrity of the legal profession: The primary duty of a lawyer is to provide access to justice and serve a social cause. Allowing lawyers to advertise their services could shift their focus from providing legal aid to building a personal brand through advertising, which is not in line with the noble nature of the profession.
To prevent unethical practices: Advertising can lead to increased competition, which may cause lawyers to resort to unethical practices to attract clients. Furthermore, advertising expenses may lead to higher fees charged by lawyers, resulting in a decline in the quality of legal services.
To prevent a disparity in legal representation: Small or mid-sized law firms may not have the resources necessary to advertise their services, which could lead to large firms dominating the legal market. This can result in a lack of representation for those who cannot afford the services of larger firms.
To prevent misleading information: Advertisements can be misleading, and the use of hyperbole can be harmful to the public. Advertising legal services can violate ethical standards and harm the interests of those seeking legal aid.
If you’re a lawyer, you will probably know the regulatory restrictions better than I, a non-lawyer, can explain.
Note:
The reason behind the prohibition of advertisements for legal services is elaborated in Rule 36 of the Bar Council Rules, which is in line with the Advocates Act, 1961.
The Bar Council of India made an amendment to Rule 36 of the Bar Council Rules in 2008 to liberalize the strict ban on lawyer advertising. Earlier, lawyers/advocates were strictly prohibited from advertising their legal services, and any violation of this rule would result in punishment. However, the amendment now allows advocates/lawyers to showcase their basic information such as their name, contact details, qualifications, and areas of practice on their websites, subject to the provision of a disclaimer. The disclaimer must clearly state that the information furnished on the website is true and genuine. It is important to note that the amendment only permits the advertising of specific information by advocates. If an advocate provides any extra information beyond what is allowed, they can be held liable for professional misconduct under Section 35 of the Advocates Act, 1961, and can be punished accordingly.
3. Marketing Strategies
While there is lot to cover, here is a summary of points to help get you started :-
1.1 Thought Leadership Content: In a competitive legal market, standing out from the crowd is essential. Thought leadership differentiates lawyers and law firms from their competitors by highlighting their unique insights and approaches to legal problems, and in turn helps to increase visibility amongst their peers as well as potential clients.
1.2 Search Engine Optimisation (SEO): Using relevant keywords, creating high-quality content, and ensuring a user-friendly website design helps in attracting traffic from different search engines and digital platforms.
1.3 Social Media Engagement: While direct advertising is restricted, maintaining an active presence on social media platforms like LinkedIn, Twitter, and Facebook is permissible. Sharing legal insights, news updates, and engaging with followers can help in building a professional network and attracting potential clients.
1.5 Video Content: Creating informative and engaging videos on legal topics can attract attention and provide value to your audience. Videos can be shared on YouTube, social media, and your website to reach a wider audience.
1.6 Email Marketing: Building and maintaining an email list of current and potential clients allows for direct communication. Sending newsletters with legal updates, case studies, and expert opinions can keep your audience informed and engaged.
1.7 Media Involvement: Unpopular opinion, but growing media exposure (in moderation) amplifies a lawyer's visibility and positions them as go-to experts in their field. Journalists and media outlets often seek expert opinions on legal matters and thought leaders are more likely to be contacted for interviews, quotes, and commentary on news stories.
While the legal profession in India faces unique challenges when it comes to marketing, the necessity of adopting modern, digital strategies cannot be overstated. By navigating the restrictions imposed by the Bar Council and leveraging digital tools, lawyers and law firms can effectively promote their services, build trust, and attract the right clients. Embracing these changes is not just about staying competitive; it's about redefining how legal services are perceived and accessed in the digital age.
Stay tuned for more on this series!
