Digital marketing for law firms is a world away from more traditional B2C marketing — while you can say, “These leggings are the best” and be fine, if you make the claim, “Our lawyers are the best,” you’ll likely be less than fine.
Legal marketing isn’t just a matter of promotion. It involves adhering to a complex network of legal and ethical requirements. Respecting these ethical considerations is key to protecting your firm’s reputation (and avoiding possible fines and penalties).
Let’s review the different best practices you need to be aware of to ensure a smooth and ethical digital marketing process.
Legal Frameworks and Regulations
Before zeroing in on legal marketing in particular, it’s important to review the advertising laws that apply to all companies and industries on topics including cybersecurity, data privacy, and more.
Marketers should familiarize themselves with these laws and regulations:
- Federal Trade Commission (FTC): The FTC protects consumers from misleading, fraudulent, and deceptive practices in digital marketing. It enforces laws that combat fraud and scams and aims to educate users on how to avoid them.
- California Consumer Privacy Act (CCPA): This law gives California residents more control over their data, including what data is collected, used, shared, and more.
- CAN-SPAM Act: This act regulates the sending and receiving of messages via email and SMS. It aims to protect users from unwanted content and spam messages.
Whether outside of the United States or inside the US and marketing internationally, advertisers must adhere to the following:
- European Union’s General Data Protection Regulation (GDPR): The GDPR is a data protection law that governs the collection and processing of personal data. This law gives users more control over how their data is handled by businesses.
- Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA): This law establishes rules on how private-sector organizations collect information.
Marketing Tip for Law Firms: When collecting personal information, be honest about what you’re going to use this information for. State this in your privacy policy as clearly and simply as possible so as not to overwhelm or confuse users. Provide regular privacy updates as well to keep users informed about any significant changes to data handling.
4 Best Practices for Digital Marketing Compliance: Law Firms
Law firms handle very sensitive information. Whether in-person, through phone calls, emails, or web submission forms, lawyers receive not only deeply personal accounts but also information that could affect people’s settlement offers, court outcomes, or livelihoods.
When setting up your site and marketing strategies, keep these five in mind practice in mind:
1. Enforce Strong Cybersecurity Measures
It’s vital to follow client confidentiality obligations under ABA Model Rule 1.6. This rule on attorney-client privilege also includes digital information. The unauthorized disclosure covered by this American Bar Association rule includes those related to cybersecurity. So, if you’re collecting leads through gated content, intake forms, or chatbots, make sure those data-handling systems are compliant with professional rules of conduct.
Here are a few tips:
- Implement robust data privacy and cybersecurity measures to safeguard this information and prevent data breaches. One way to do this is through data encryption, which prevents unauthorized users from accessing and tampering with data.
- Multi-factor authentication and role-based access control can add additional layers of protection. These limit data access to only authorized users.
- Data minimization limits the amount and type of data collected. With this practice, sites only collect data that is completely necessary and relevant for a specific purpose.
2. Maintain Transparency
Transparency in digital marketing involves being honest and trustworthy about everything you do. Transparency is essential in establishing trust and creating a safe space for current and potential clients.
Law firms must comply with ABA Model Rules 7.1–7.3 (covering false or misleading statements).
Keep information transparent and correct: Check that attorney licensing and jurisdiction information is accurate. This accuracy extends to content. For example, if you have a blog about car accident cases and include a few mentions of settlements or verdicts you’ve reached, note whether or not this result is typical.
On that note, explicitly state that email newsletters, lead magnets, and retargeting ads don’t misrepresent attorney services or guarantee outcomes. Make it clear that filling out a form doesn’t establish an attorney-client relationship. This should be part of your disclaimer at the point of conversion.
Many state bars require disclaimers with certain marketing materials, like
- (Florida State Bar Rule 4-7-13 (2018)) — disclaimers needed to ensure people know that past results cannot guarantee future ones
- (Florida State Bar Rule 4-7.14 (2019)) — requires disclaimers noting the fees and expenses a client may be responsible for
- (Missouri Rules of Professional Conduct 4-7.1 (2010)) — disclosures must identify testimonials or endorsements that were given in exchange for payment
3. Have a Secure Website
Users are more likely to trust your firm if your website is secure. A secure website means that all interactions between the user (and their personal information) and the website are protected.
One way to maintain site security is through upgrading your site from HTTP to HTTPS. HTTPS offers more robust security measures, which is important if you’re dealing with sensitive data like credit card numbers or passwords. Websites using HTTPS also require an SSL certificate, which verifies your site’s legitimacy and leads to more trust among users.
An SSL certificate is represented by a padlock beside the URL. There are three types of SSL certificates:
- Domain Validated (DV): Ideal for sites that don’t conduct transactions or gather personal information (like blogs)
- Organization Validated (OV): Verifies business identity. This is the recommended minimum for law firms.
- Extended Validation (EV): The site undergoes a 16- to 18-point verification process to ensure authenticity (ideal for data-sensitive industries like healthcare, finance, and law.)
4. Create an ADA-Compliant Website
The Americans With Disabilities Act requires that all websites follow ADA guidelines to accommodate individuals with disabilities. Legal information should be equally accessible to everyone, and your site can help make that possible. Plus, from a marketing perspective, it helps your site reach more prospective clients.
Some ways to maintain ADA compliance include:
- Using alt text on all images and multimedia
- Adding screen readers and closed captions for videos
- Ensuring keyboard accessibility and navigation without a mouse
- Maintaining proper color contrast between the text and background
- Designing user-friendly forms; make them simple to follow with accessible fonts
Legal Marketing and Ethics: Wrapping Up
In digital marketing, it’s easy to get caught up in trying to gather more leads and more revenue. But the legal side of things should always be a top priority. Nothing is more important than the safety of your customers. Conduct regular reviews and audits of your firm’s security and legal measures to ensure compliance on all fronts.
This article was written by Lewis Goldman, who works as a Fractional Law Firm CMO at Digital Authority Partners.
