Marketing

PRMG's LinkedIn profile

Whether you are the CEO of a large organization or the owner of a small business start-up, you are certainly well aware of the benefits of professional networking or “knowing the right people.” Not only can it help you win new business, it can also help you stay up-to-date with the latest trends in your industry and build partnerships for exchanging knowledge and resources more effectively.  

PRMG's Twitter Profile

Over the past year, Twitter has emerged as one of the most popular social media tools to be used by individuals and companies, evolving as an important tool in brand marketing. Cable service provider Comcast uses Twitter to engage directly with its customers and solve customer complaints in real time. Besides direct brand engagement and customer service, companies like Dell have directly generated over $3 million in sales through Twitter, offering exclusive discounts and deals to their “followers.”

Yet, it’s not just the big corporates that can successfully tap into Twitter; small businesses can also utilize this tool to build their brand, increase sales and engage better with their customers. Twitter.com offers this example: When an employee working in the Empire State Building tweeted that he was craving Tasty D-Lite ice cream, Tasty D-Lite offered to deliver it right to his office. Houston-based café Coffee Groundz allows customers to order their beverages and food through Twitter – which the café says has helped it double its customer base and discover a completely new way to engage and build a community of loyal customers.

As a local business, how can you tap into Twitter’s potential and achieve the same results? Read on to learn about our tips for understanding Twitter and making the most of your Twitter profile.

What is Twitter?
Twitter is a free “microblogging” service that allows members to send short messages or updates (called “tweets”) that are 140 characters or less. The message, which can be sent or viewed from your computer or mobile device, is sent to a person’s “followers” or those who are interested in what you may have to say or share. The quick, short updates and the ability to send or receive them anywhere, make Twitter a useful tool for communicating in real time.

How can you use Twitter for your business?
Many organizations use Twitter for customer service and as a quick way to monitor what others are saying about their brand. Besides this, Twitter can be used to stay connected with customers by sharing the latest company news or other information about your products and services and drive traffic to your Web site or blog. It can also be used to obtain real-time feedback or ideas from customers. Since it only consists of short updates, Twitter can often be easier to keep up with, as compared with blogging, and still help you stay connected with current or prospective customers.

Getting started with Twitter
The first step should be to create a Twitter account; signing up for one is quite quick and easy. For more information on how to get started with Twitter, read the Twitter Help Guide. If you are setting up a Twitter account for your business, enter the name of your business or brand in the profile information section with a short description and a link to your Web site.

Select a username also known as a “Twitter handle,” which is displayed as a ‘@’ sign followed by your username (For example @ThePRMG.) Usernames are limited to 15 characters, so you may need to abbreviate your company name. Upload a small profile picture, which could be your logo or your own picture (if you want to add a more personal touch to your business profile.)

Next, search for those in your industry or community by entering search keywords in the search box or the “Find People” tab and start following them and their tweets. You can also invite those in your e-mail contact list to connect with you over Twitter. A final word of advice: Don’t post too many updates over Twitter and if you are using Twitter for business, have something relevant to say.

Cracking the Twitter Code – Your Guide To Twitter Lingo

•Tweets = Messages/Updates over Twitter
•Twitter Handle = Your unique identity on Twitter - @ followed by your user-name
•Following = When you “follow” someone over Twitter, you add them to your list of followers (think of them as friends you add on Facebook.) Once you follow someone, their tweets appear on your home page.
•Retweet = You can repost or “retweet” any interesting update posted by those you follow that you want to share with others. This can be done by adding the letters RT before the message and giving proper credit to the original author.
•DM = Direct messages sent by one Twitter user directly to another that can only be seen by the recipient (think of it as messages sent to your inbox over Facebook.) DMs also cannot exceed more than 140 characters and you can only DM people who follow you.
•Hashtag = # symbol followed by a specific keyword. This helps you find other users who have used the same word in their tweets, helping you categorize tweets and see what others may be saying about a particular subject.

PRMG is on Twitter! Find us and connect with us here.

As media has evolved, so has advertising. In recent years, the rise of social media and the Internet has created new mediums or channels for reaching consumers, leading to new forms of advertising and marketing.

The FTC, an independent agency of the U.S. government that enforces federal antitrust and consumer protection laws by eliminating unfair or deceptive practices, has changed these guidelines for the first time since 1980.

The new guidelines will become effective on December 1 and though they are not laws, they help businesses or organizations avoid being investigated by the commission for deceptive advertising. The guidelines are also unique for being the first to address bloggers and other social media.

Read on to learn about the key features of the new guidelines every business should be aware of:

Disclosure Requirements For Bloggers and Other Endorsers

•Advertisers are now liable for failing to disclose a material connection between themselves and those who endorse them. This includes bloggers who are paid to promote or review a product.

•The FTC does not intend to investigate individual bloggers or tweeters who accept cash or gifts in exchange for a positive review or for promoting the company, but it will enforce the guidelines on advertisers or sponsor companies, who are liable for claims made by bloggers paid to endorse them.

•Bloggers who write reviews about products they have purchased will not be considered as endorsers. The guidelines also do not apply to customers who receive a coupon for a free product and who decide to review the product on their personal blog.

• The disclosure requirement does not apply to celebrities who appear in ads. But if celebrities talk about the products they have endorsed in an ad on other media such as talk shows or blogs, they must disclose material connections.

Claims or Testimonials

•Any claims made in advertisements will now require substantiation and must clearly express the typical results consumers can expect. It is no longer enough to use best-case scenario testimonial claims accompanied by a disclaimer that says “results may vary.”

•The disclaimers should be noticeable so that an average consumer who is reading or watching the ad can read the disclaimer.

•According to the guidelines, the advertiser could limit the scope of the disclosure by narrowing the scope of the circumstances shown in the advertisement. For example, if all the testimonials in the advertisement are clearly identified as people who have been members of a weight loss clinic for at least a year, the disclosure can be based on the performance of that group.

•The disclosure must include facts that may affect the credibility of an endorsement or testimonial such as research being funded by the company, and whether those providing testimonials received or were expecting to receive any compensation.

•Experts such as doctors who offer testimonials in advertisements should have expertise relevant to the product.

•Since the guidelines do not exclude professional services firms, many experts advise that law firms and other professional services firms that participate in social media should have guidelines in place, particularly if they make references to their clients or promote them on their blogs or other sites.

In 2008, the University of Massachusetts Dartmouth Center for Marketing Research conducted a study, which established that fast-growing small businesses are adopting social media at a faster rate than larger corporations. This may largely be due to the fact that for small businesses, social media can be a useful communications channel, allowing them to directly engage in a conversation with their customers and obtain feedback.

Beginning with this issue, PRMG will be writing a series of articles that provide in-depth information and tips that can help you understand and utilize social media effectively for your business.

If you have read or at least heard of blogs but don’t exactly understand how it can help promote your business or how it may fit into your overall marketing and communication plan, read on for our first article on blogs.

What is a blog?

Blogs are Web-based journals that contain opinions on different subjects. These can include plain text, links and audio/video elements. The authors of blogs read and comment on other blogs and also exchange links. This creates relationships between different bloggers and forms what is collectively called the blogosphere. Readers can directly subscribe to blogs using RSS or e-mail, or engage with bloggers by leaving comments on their posts.

Why launch a blog?

Business or corporate blogs can be used to demonstrate your expertise and leadership in your field or industry, helping to attract attention of the media or potential customers. They can also be used to continuously build a dialogue with existing customers in a more personalized way and share important updates with them on your products or services.

In the past, the only way most businesses could get their message out was through media coverage or advertising. With blogs and other social media tools, it is now possible to directly present your story to your target audience using your own words and in your own voice. This can be especially useful in times of crisis, when you want to present your side of the story. Apart from this, blogs can also be an additional channel for potential customers to find you and learn more about you, creating more access points and links in search engines.

How do you start a blog?

Before starting a blog, it is important to consider your objectives and target audience. If the market or target audience you cater to, does not engage in social media, blogging may not be the best channel for you. The best way to understand how blogs work and develop your own blog content is to read other blogs and participate in the blogosphere by commenting on posts.

Next, secure a unique and memorable URL that reflects the nature of your blog and can be optimized for search engines. Choose an appropriate blogging software like WordPress or Blogger, both of which are free and easy to use. Post a few trial entries before launching your blog, and promote it to your existing contacts through e-mail newsletters or links from your Web site.

Before launching your blog, you should consider if you want to allow your readers to directly post comments or if you want to moderate and approve them before posting. If you want to engage and build a two-way dialogue with your readers you should take some time to respond to comments on each post.

What should you post on your blog?

While planning your own blog posts, think about what type of information your target audience is seeking and how you may be able to answer their questions or solve their problems by delivering relevant, useful content. This will give your readers enough reason to keep returning to your blog if they find it to be a useful resource or channel that is worth reading regularly.

A great way to generate content is to write short posts on newsworthy events relating to your industry and offering your opinion on how it may affect your business or customers. You could also provide links on your blog to important news articles you have recently read, which you think may be of interest to your blog readers. Posting audio and video content can be a fun, interactive way of demonstrating your products or services or posting informative interviews with influencers in your field.

How do you become a part of the blogosphere?

To make it easy for potential readers to find your blog, register your blog on blog directories and catalogs (such as, Technorati and Blog Catalog) that will list your blog in a relevant category and create more backlinks to your blog. You can also create a blogroll, where you link to other relevant blogs in your field or industry, which helps you become known in the blogosphere and encourages other bloggers to link back to you, creating more backlinks and improving your search results.

Anyone who has watched the videos of two geeky-looking scientists tossing Mentos mints into Diet Coke bottles would attest to the viral power of video marketing. In three weeks alone, four million people viewed the video produced by Fritz Globe and Stephen Voltz, showing them combine 200 liters of Diet Coke with over 500 Mentos mints. While the videos were not created by either Mentos or Diet Coke, it certainly led to a lot of free publicity for both brands, which would have otherwise cost the two companies millions of dollars in traditional marketing and advertising.

Yet, not every video can become a viral sensation and replicate the success of the Numa Numa Dance or even the Coke-Mentos videos. With thousands of videos being uploaded on YouTube and other video distribution sites every day, making a video go truly viral is no easy feat. But focusing on great content, sharing your video online and making it easily accessible, can be the first steps to creating a successful video. Injecting humor into a marketing video and presenting your message in an authentic voice (by avoiding “corporate speak”) can also be great ways to make your video popular with viewers.

To give you an example: KitchenArts, a small family-owned kitchen retail store in Boston, uses online videos to showcase its products and demonstrate how to best use them. Using these home-made videos, the store has been able to communicate with its target audience in a personal and engaging way, allowing it to compete with bigger brands like Williams-Sonoma, at very little cost. The main principle that KitchenArts follows is to communicate your story in an interesting and engaging way to your target audience.

Once you create your video, it is important to generate buzz by sharing your video online. Most organizations post video content on YouTube, the most popular video sharing site. To make the video easily searchable on the site, you must include an accurate description of the video along with relevant keywords and tags. If your company or organization creates and shares video content regularly, it may be a good idea to develop your own YouTube channel that can be used to create your own unique profile and drive audiences back to your organization’s Web site. You can also consider embedding the video on your blog or sharing them on social networks like Facebook and MySpace.

If you cannot create great content for your video, a great marketing strategy may be to take advantage of user-generated content to drive some buzz about your products and services. For example, the U.S. Health and Human Services Department announced a video contest in July, inviting the American public to submit videos on flu prevention and safety. The contest not only helped to create awareness about flu prevention but also helped generate press coverage about the Health Department’s efforts.

Similarly, you can launch a ‘Submit a Video’ contest, inviting customers to create and submit their own short video around a particular theme relating to your business. The best ones can be showcased on your company’s Web site or even used as a real advertisement, making your message seem more authentic and engaging.

View About.com’s list of top viral marketing videos of all time:

1. BlendTec
2. Mentos and Diet Coke
3. Dove Evolution
4. Levis
5. Smirnoff Tea Party
6. Sony Bravia
7. Evian
8. JK Wedding Dance
9. Nike & Kobe Bryant

For more information on our video production and digital marketing services, contact us at johnzaher@theprmg.com.

Imagine this scenario: Your company decides to rebrand its logo by changing its font. No big deal, right?

Wrong. Or at least not if you are IKEA. Last week, a Swedish resident was reading an IKEA print advertisement in a local newspaper when he noticed the IKEA typeface looked different. He sent out a message over Twitter and learned from IKEA’s advertising agency that IKEA had recently adopted a new font. As Time magazine reported in its recent article, very soon customers from Tokyo to Dublin to Melbourne were tweeting about how they thought the new font was “just plain ugly” and how disgusted they were with the font change. The IKEA font issue soon became a trending topic on Twitter, with fans across the globe talking about it, drawing even more tweets than Senator Edward Kennedy.

IKEA’s font furor proves yet again what many brand theorists have always asserted: A brand is defined by its customers, not the company that creates it. The book Groundswell: Winning in a World Transformed by Social Technologies, quotes Ricardo Guimaraes, founder of Thymus Branding in Brazil. According to him, “the value of a brand belongs to the market, and not to the company and the company is, in a way, only a tool to create value for the brand.”

With brands being defined by your customers, it becomes even more important to pay close attention to what they have to say. Because, whether you like it or not, customers can talk and connect with each other over social networks and exchange reviews and opinions about you and your product or service. Instead of avoiding participation in these conversations out of fear of criticism or a backlash, companies are better off jumping in and leveraging the buzz to crowdsource ideas and better improve their product or brand.

Take Dell for example. In 2006, “Dell Hell” became a popular phrase over the Internet – with online bloggers and customers complaining about Dell’s poor customer service. The company learned its lessons quickly, and soon launched its blog, Direct2Dell, to listen and engage directly with customers. Soon after, Dell launched IdeaStorm, a site where customers could brainstorm, discuss and submit ideas relating to Dell and its products, allowing them to directly participate in shaping the Dell brand. Since its launch, Dell has implemented 366 ideas submitted by customers.

Many companies spend heavily on costly market research to glean consumer insights. Though all your customers or audiences may not necessarily be online, social media allows you to obtain these insights for free by monitoring blogs, microblogs and social networks in real time, often allowing you to spot trends, test ideas, identify influencers or to respond quickly to what could brew into a potential PR crisis. Using tools like Google Alerts, Technorati, Google Reader, GoogleBlogSearch and Twitter search, you can easily monitor and listen to what’s being said about you. Hiring an agency may be a good idea if you do not have the time or the resources to keep an ear to the ground for you.

In the end, no matter whom the brand belongs to – customers or your company – listening more closely to your customers will make them feel valued, creating more brand loyalty and better engagement. The positive word-of-mouth publicity this will generate will give your brand a tremendous boost.
 
For more information on our social media and digital marketing services, contact PRMG at johnzaher@theprmg.com.

Facebook, MySpace, Xing, Twitter, wikis, LinkedIn, Plaxo, podcasts, blogs, Digg, YouTube, FlickR, RSS, StumbleUpon…the list is endless. If the vast array of social media tools available leaves you scratching your head in confusion, you are not alone. Cutting through the social media clutter and making sense of it all can be difficult, but it is important to remember that social media tools are, in the end, just that - tools meant to achieve an objective. Once you have identified your business and communication goals, your target audience, and a communication and marketing strategy to reach that audience, the last step is to select the tools that best help you achieve these goals and reach your audience most effectively.

Below is a look at a few popular social media tools, how they work and the communication and business objectives they may help achieve.

Blogs: Blogs are Web journals that contain opinions on different subjects. Often described as the “front door” to social media, the authors of blogs can read, comment and exchange links on other blogs. If a large number of blogs link to your post or entry, it causes your blog to rise in Google’s search rankings. Blogs can be a great way for small or large organizations to build their reputation, showcase their expertise, highlight their product or service, and help improve your Search Engine Optimization by drawing audiences to your website.They also provide a more personal way of communicating with your customers or other target audiences, giving you an opportunity to obtain constant feedback from them.

Social Networking: Social networking sites operate on the simple premise of building a profile and connecting, interacting and sharing information with “friends” over the network. Popular social networks include Facebook, MySpace and LinkedIn, all of which allow you to create or join communities, start discussions and share information with people who are interested in connecting or in learning more about you. Facebook, which has more than 200 million users worldwide, also allows you to build your own business fan page and create your own targeted ads, applications or platforms, which can serve as a great marketing tool. LinkedIn, another popular site, is particularly known for professional networking, where you can create a profile, and also display recommendations or testimonials from clients or former employers, ask and answer questions on business-related topics and create or join a professional networking group.

Microblogs: Twitter, the most popular microblogging tool, is a free service that allows members to send short messages or updates that are 140 characters or less. The message is sent to people’s “followers” or people who are interested in what the person has to say or share. Twitter can be a useful tool to drive people to your blog, Web site or Facebook profile by posting a URL every time you update them or want to inform people of a latest event or company news. Since it only consists of short updates, Twitter can often be easier to keep up with, as compared with blogging, and still help you connect and network with current or prospective customers. Many organizations use Twitter for customer service and as a quick way to monitor what others are saying about their brand.

RSS/Social Tagging/Social Bookmarking: Creating content through blogs, podcasts, wikis and videos is just one aspect of social media. The other aspect is to make content easy to access, search and consume when the need arises. Social media tools like RSS feeds, social tagging and bookmarking bring order to the chaos of social media content.

• RSS or Really Simple Syndication allows people to subscribe to online news, blogs, podcasts and other information, bringing updates to them instead of having to visit different blogs and sites. Many experts cite RSS as the most important social media tool due to its ability to aggregate different sources, syndicate to a single view and publish instantly to an audience of subscribers.

• Social tagging involves adding “tags,” which are keywords or descriptive phrases given to digital information by users so it can be easily stored, sorted and searched. Digg is an example of a site where users can tag articles they like and select the category they should be placed in.

• Social bookmarking allows users to mark a page or Web site they find useful and may want to remember or share with others. The bookmarks can be made public or shared privately and can be viewed chronologically, by category or via tags. Using a downloadable application like Del.icio.us, you can bookmark a Web site and classify it using any tag you want. Other visitors to the Web site can not only see your tags, but can also search other sites with the same tag.

As is evident, different social media tools achieve different objectives, and to select the right social media tool, it is important to first clearly define your objective. At PRMG, we help clients evaluate their objectives and integrate social media into their overall communication and marketing strategy, helping them achieve their business goals better, faster and more efficiently.

For more information on our social media and digital marketing services, contact us at (631) 207-1057 or email at: johnzaher@theprmg.com.

Search for “Will It Blend” on Google and the top result will throw up Blendtec, a Utah-based company that manufactures a $399 heavy-duty blender. George Wright, Blendtec’s marketing director, conceived the idea of creating a video series where the company’s founder attempts to blend various unusual items (a hockey stick, cubic zirconia and even an Apple iPhone) to demonstrate the sheer power of the blender. The videos, which cost a few hundred dollars, were posted on free social media sites like YouTube and Digg, generating six million downloads and 10,000 comments in just a week. Following the first few videos, sales at Blendtec went up by 20 percent, followed by appearances on national television shows. 

Blendtec offers a great example of how small businesses can exploit the power of social media to drive business results. Before the rise of social media, most organizations needed to either buy expensive advertising or receive media coverage to attract the attention of their customers. The Web, however, acts as a great equalizer and creates opportunities for both big and small companies to build brands virtually and interact directly with customers and other target audiences.

Today, most consumers look for the right product or service to satisfy their needs when they are online, and using tools like Web sites, podcasts, blogs, microblogs and social networks, you can deliver useful content to your audience when they are seeking it versus one-way interruptions through advertising or direct mail messages.

Getting started with social media:

Listen

The first step should be to listen to what your customers or prospects are saying about you by monitoring online conversations on blogs, social networks, forums and microblogs like Twitter. This will eliminate the need for conducting expensive research to understand your customers’ needs and perception of your brand. Listening will also help to learn about your industry and competitors. 

Using these insights, your organization must define its goals and develop a social media strategy to determine whom you want to target and how you want to reach them. Tools like Google Blog Search and Technorati can help you identify influencers and blogs relevant to your business or company, while an RSS reader can provide regular updates from various websites on specific subjects. 

Participate

Once you have defined your social media strategy, the next step is to participate in these conversations. You can tweet company news or events, leave comments on blog posts, start discussions and ask or respond to questions. While engaging in online conversations, it is important to be personal, authentic and transparent. Social media tools should not be used as just another channel to spread the “corporate message” but to put a face to your company and to build relationships with customers, employees and prospects. 

You can also use social media tools to drive and influence media coverage by connecting with journalists and influential bloggers who look for sources and story ideas over social media channels. Dell’s Guide to Social Media for Small Businesses offers a good example of this. Pinder, an online retailer of lightweight, stylish laptop and computer bags, identified and reached out to an influential marketing blogger, who reviewed a sample of the company’s latest laptop sleeve. After she wrote about the product on her blog, Pinder’s sales went up 30 percent. 

Sustaining conversations with social media tools takes both time and effort, but it can work wonders for your brand and company, if used correctly. As David M. Scott, a virtual marketing strategist and well-known author says, “Word-of-mouse is the single most empowering tool available to marketers today.”

*Sources: Dell’s Guide to Social Media

The New Rules of Marketing and PR by David M. Scott

On February 1, 2007, the NYS Office of Court Administration adopted new rules regarding attorney advertising. These rules have been incorporated into the New York Rules of Professional Conduct which became effective April 1, 2009. The new rules and the comments now found in Rules of Professional Conduct more clearly define what is, and isn’t, acceptable for attorney advertising and defend the integrity of the profession by establishing clear guidelines. The Rules favor attorneys who wish to build their practice through responsible advertising.

The good news is that the new attorney advertising rules, which were revamped just over two years ago, only made minor changes affecting attorney advertising. Nevertheless, it is a good time to refresh one self on the Rules. The following summary highlights some of the Rules’ major provisions.

Sections 7.1 v. 7.3(b) Advertising v. Solicitation
The Rules first define what types of communications may be considered advertisements, and then go on to differentiate between what is an advertisement versus what is considered a solicitation. An advertisement is a communication primarily designed to attract new clients. Thus, advertisements directed at existing clients and other lawyers are exempt. Advertisements, unlike solicitations, do not trigger filing requirements. The Comments distinguish between advertisements and solicitation by stating that solicitations fulfill the following:

• Advertisement is initiated by a lawyer
• Purpose is persuading recipients to obtain the lawyer
• Motive is to make money
• Directed to or targeted at a specific recipient or group of recipients, their family members or legal representatives

Generally, solicitations differ from advertisements in that solicitations are advertisements placed and distributed using fixed lists, and are usually sent as direct mail. If the ads only apply to a finite group of victims, solicitations can also include Web, newspapers and TV.

Section 7.1(a) Advertisements Shall Not Be False, Deceptive or Misleading
Section 7.1(a) states that a lawyer shall not disseminate an advertisement that contains false, deceptive or misleading statements, or that violates any rule. Truthful statements that are misleading are also prohibited. The Comments provide examples: The statement “I have never lost a case” may be truthful, but would be misleading if the lawyer had not lost because virtually all the cases they handled were settled. Another example of a truthful, misleading statement would be, “The average jury verdict for a given year was $100,000.” This may be a true average, but is misleading if the only reason for the average is that a large number of jury verdicts were very small and one was $10,000,000.

Section 7.1(b) Advertisement Contents
Under the new rules, there are a number of details attorneys can advertise about their services. Provided that the client has given prior written consent, attorney advertisements may include the names of clients that are regularly represented. Lawyers and firms can provide legal fees for initial consultation and contingent fee rates in civil matters in their advertisements, including “no fee” and “no fee unless recovery.” The advertisements may also include non-legal services provided by an entity owned and controlled by the lawyer or firm.

Section 7.1(c) Advertisement Restrictions
Under Section 7.1(c), some key provisions have been overturned, but the new rules do not note this. The provision stating that lawyers could not use endorsements from clients regarding a matter still pending was overturned. However, it must still be disclosed if a client received compensation for an endorsement or testimonial that was used in an advertisement. Advertisements must also disclose if actors were used or if the ad is fictionalized. Though prohibiting the use of nicknames, monikers, mottos, or trade names that imply results was overturned, attorney advertisements may not resemble legal documents.

Section 7.1(d) Advertisement Contents Requiring Factual Support
Legal ads may contain statements that are reasonably likely to create expectations of results and statements describing the quality of a lawyer’s services. These statements can also be in the form of testimonials from current or former clients, or as comparisons of the lawyer’s services to other lawyers. However, the statements must be factually supported at the date of dissemination and accompanied by the disclaimer such as, “Prior results do not guarantee a similar outcome.”

The Comments explain that characteristic descriptions of the lawyer or firm that are not comparative and do not involve results are permissible – for example, “hard-working, dedicated, compassionate.” However, comparative descriptions that cannot be factually supported could be misleading – such as “best, most experienced, hardest working.” Including attorney ratings on ads is permitted, provided they contain a past results disclaimer. Any ratings must be bona fide, though – unbiased and un-discriminatory. They must be based on objective criteria or legitimate peer review and unbiased by the rating service’s economic interests, fairly considering all lawyers within the pool.

Section 7.1(f) “Attorney Advertising” Label
The Rules state that all ads, other than radio, TV, directory, newspapers, magazines or other periodicals, shall be labeled “Attorney Advertising” on the first page or home page. If the advertisement is a brochure or postcard, the label should appear right on it. If the ad is sent as an e-mail, “ATTORNEY ADVERTISING” needs to appear in the subject line.

In sum, attorney advertising labels are not necessary for obvious advertisements, such as TV, newspaper and billboard ads. Advertisements sent to current clients are also an exception to this rule, and do not require advertising labels, as well as ads to former clients if the ad is relevant to earlier representation.
Topical newsletters, client alerts or blogs intended to educate recipients about new developments in the law are not considered advertising, nor are promotional items such as mugs and t-shirts. However, newsletters, alerts, and blogs that contain information predominantly about the lawyer or firm are generally considered to be advertising. Re-distribution of a newspaper article is also advertising if the primary purpose is to obtain clients. In this instance, the advertisement must comply with the disclaimer requirements and correct misinformation.

Section 7.1(k) Attorney Approval
Under the new rules, all attorney advertisements must be pre-approved by the lawyer or firm and retained for three years, with the exception of e-mail and computer-accessed communications and advertisements, which only need be retained for one year. Web sites must be retained for one year from the time of publication, re-design, or extensive content change. This rule also requires that a copy of ads or communications be made at least once every 90 days and retained for one year.

Section 7.1(m) Advertising Fees
This section states that if any fees are advertised, the lawyer or firm will be bound by that fee for a period of time, depending on the frequency of the ad. If the ad frequency is more than once per month, then they are bound to that fee for no less than 30 days. For ads running monthly or longer, then that fee must apply until the next issue. For example, a fee advertised in a phone book ad would stand until the next phone book is distributed. If there is no succeeding issue or advertisement, then the lawyer or firm is bound to the advertised fee for a reasonable time, but no less than 90 days.

Section 7.1(p) Advertising Fees
All ads must comply with 488(3) of Judiciary Law when discussing fees. This provision provides that ads cannot state or imply that the lawyer or firm’s ability to advance or pay costs is unique or extraordinary unless it can demonstrate that its fees are objectively unique or extraordinary. This does not prevent the lawyer or firm from discussing fees or expenses, but simply prevents any implication that fees and expenses are out of the ordinary.

Section 7.1(q) New Addition – Public Education
Communications that are educational in nature and invitations to seminars are arguably exempt from the in-person solicitations rule, provided the primary purpose is educational in nature. The following provision has been added to the Rules: “A lawyer may accept employment that results from participation in activities designed to educate the public to recognize legal problems, to make intelligent selection of counsel, or to utilize available legal services.” The provision represents the only major change made in the Rules since they were issued in 2007.

Other Highlights
Further details that should be noted from section 7.1 is that public relations programs are generally not considered advertising, unless the recipients or attendees are expressly encouraged to hire a lawyer. Nor are non-profit sponsorships considered advertising. Talks and writings done by lawyers for non-lawyers should caution the audience not to attempt to solve individual problems on the basis of the information contained therein.

Section 7.3(a) Solicitations
Rule 7.3(a)(1) states that a lawyer shall not engage in a solicitation through in-person, telephone, or real-time computer-accessed communication, unless the recipient is a close friend, relative, former client or existing client. Attorneys should note that the in-person solicitation ban has been extended to chat rooms and instant messaging.

Rule 7.3(a)(v) also states that a lawyer shall not engage in a solicitation where the lawyer expects, but does not disclose, that the legal services necessary to handle the matter will be performed primarily by another lawyer who is not affiliated with the soliciting lawyer as a partner, associate or of counsel. This Section refers to solicitations only, and does not ban advertisements in the circumstances.

Section 7.3(c) Filing Requirements
Solicitations must be filed with the disciplinary committee of the jurisdiction and copies must be retained for at least three years.

Section 7.3(e) Restrictions on Soliciting Personal Injury/Wrongful Death Victims
Section 7.3(e) prohibits soliciting personal injury or wrongful death claimants for 30 days, or 15 days if there is a filing requirement within 30 days. Section 7.3(e) does apply to the defense.

If the ad makes no expressed reference to a specific incident and is disseminated, it does not violate the rule, unless directed to a specific recipient with knowledge that they are a victim, even if the ad is part of a mass mailing. In these circumstances, the in-person solicitation rules apply, even if the recipient is a close friend, relative, or former client.

Section 7.3(f) Disclosure of Learning Identify
If the lawyer or firm is soliciting to a pre-determined recipient and was prompted by a specific occurrence involving or affecting the recipient, the solicitation shall disclose how the lawyer obtained the identity of the recipient and learned of the recipient’s potential need for legal services.

Section 7.5(e) Domains and Phone Numbers
According to Section 7.5(e), a lawyer shall not practice under a trade name, a name that is misleading as to the identity of the lawyer, or lawyers. practicing under such name, or a firm name containing names other than those of one or more lawyers in the firm. The exception here is deceased or retired lawyers, whose names may still appear in the firm’s name. A firm may use the title “legal clinic,” so long as the attorney names are included.

The Rules state that a lawyer or law firm may utilize a domain name that does not contain the name of the lawyer or firm, provided that all the pages include the actual name of the firm, the firm does not engage in practice using the domain name, the domain name does not imply an ability to get results, and the domain name does not violate another rule.

A firm’s telephone number may also contain a domain name, nickname, moniker or motto that does not otherwise violate a rule. For example, 1-800-ACCIDENT, HURT-BAD, and INJURY-LAW are permissible. The Rules prohibit phone numbers like 1-800-WINNERS, WIN-BIG, or GET-CASH, since they imply an ability to get results.

However, since the prohibition on use of monikers/nicknames that imply results was overturned, it would appear that both domains and phone numbers like those listed above would now be permissible.

Contact PRMG today to learn more about our comprehensive and customized Web solutions at (631) 207-1057, or email: johnzaher@theprmg.com

More attorneys are using advertising to expand their practice in the face of increased competition in the legal profession. Additionally, there is now heavy emphasis of marketing through the Web, challenging attorneys to find effective marketing tools that allow customers to find their firm over others. This article provides you with PRMG’s top tips and techniques for attorneys to market through the Web, including through their website, SEO, directories, and PPC advertising. 

Website

Since the website is one of the first impressions people will get of the firm, it’s important to develop a professional website. When planning on a design, determine the message you want your website to communicate about the firm, the audience you are trying to reach with it, and your budget. A strong site could include the following sample elements: 

• Home/Introduction
• Firm overview
• Areas of practice
• Frequently asked questions/requests for more information
• Client lists
• Client testimonials 
• Publications page
• Attorneys
• News
• Calendar of events
• Photo gallery
• Resources and related links pages
• Question of the week/submit questions
• Multimedia and video 
  • Flash video is nice, but not search engine-friendly
  • Firm overviews
  • Practice overviews

Blogs

Integrating a blog, which can have its own domain, into the firm’s website is a driving factor of additional traffic and increased page rank value of the master domain. Blogging, article writing and utilizing case studies correctly online can have a positive impact on your site’s ranking position. Since search engines place heavy emphasis on new, current and quality content, a blog is a great vehicle to ensure that your site is fresh. Attorneys should routinely generate weekly and monthly blog content on their practice areas as part of an ongoing strategy. 

Blogs also increase communication with the firm and its customers, providing added value for its services. They raise the organization’s profile online, and engage and influence debates and opinions about your market, presenting yourself as a leading attorney in the field. 

Social Media Sites 

The most popular examples of social media sites are Facebook, LinkedIn, Plaxo, MySpace, and YouTube. Use of these sites can, most importantly, increase the number of quality organic links to your firm’s website. Social media sites serve as a quick, layman’s vehicle to tell people what is happening in your firm as compared to regular e-mail and snail mail campaigns. Ads are now even available on Facebook, MySpace and YouTube, which provide an opportunity to micro-target demographics. For example, Facebook captures postings to create analytical data on what people are talking about, which can then be used to target market certain keywords. 

Website Search Engine Optimization (SEO)

Once the firm’s website is developed with SEO in mind, Google Analytics or another program such as Web Position Gold should be used to measure the site’s performance. In order to achieve good SEO rankings, a comprehensive program that includes on-page and off-page SEO strategies should be put in place to maximize ranking. Building rank power for the firm’s website begins with providing quality, relevant content, then optimizing the visibility of the content using standard on-page optimization techniques. Once on-page optimization has been performed, the growth of the site’s rank power can be fostered through a good link-building program that also includes social media. These techniques can help SEO grow exponentially. 

Referral Websites and Directories

Referral websites such as FindLaw and Lawyers.com provide public information about lawyers, and allow customers to find an attorney based on practice areas and geographic areas. Of the two sites, Lawyers.com appears to provide better branding, while FindLaw generally creates more appealing sites and achieves better search engine results for its directory. Both referral sites are relatively expensive, though, with the price depending on the attorneys’ practice areas, geographic areas, and type of listing. An alternative to using these two pricey directories is to develop and maintain your firm’s own website with SEO.

There are numerous attorney directories, such as attorneypages.com and others that are specific to areas of practice, which provide listings and charge based on the geographic and practice areas. Local directories, such as lilawyerpages.com and nylawyerpages.com, to be developed by PRMG, are also available.

E-Newsletters

Though unsolicited faxes are illegal, unsolicited e-mails are not. One requirement is that the e-mails must allow readers to opt out. E-newsletters are a useful tool for generating leads, organizations are able to identify and track recipients who click through. The firm can then follow up with those who click through by sending a brochure and making a follow-up call, for example. 

A number of programs can be used to send out e-newsletters, with popular ones being Microsoft Outlook, StreamSend, and Constant Contact. Through these programs, e-mails can be sent in HTML format or as attachments in PDF format. However, there are limits on the number of e-mails that can be sent out through the programs. Third-party vendors like StreamSend and Constant Contact increase the likelihood that e-mails will reach the intended recipients by integrating with sales force automated programs. StreamSend and Constant Contact also provide HTML and text options and can decipher which format to deliver to recipients, such as sending a text version to a BlackBerry.

AdWords and PPC Advertising

Google, Yahoo, MSN, Facebook, SuperPages and phone directories all use AdWords or another form of pay-per-click (PPC) advertising. Taking advantage of AdWords allows you to control your budget by only paying for the ads that have been clicked through. In order to maximize your PPC budget, use long-tail keywords with high search volume and low competition. 

Using AdWords can increase the traffic driven to your firm’s page, especially when the topic is in the news. Track which keywords are working for your firm, and use them in the website’s SEO. Using these techniques to drive customers to the firm’s website is important since search engine placement and paid searches have largely replaced phone books, especially in today’s “green” era. 

From website development and optimization to blogging and e-mail marketing, PRMG’s experienced staff can develop Web-based solutions to help you develop and build your firm within your means. We’ll develop your website to help you achieve top search engine ranking, and help you implement a comprehensive Web marketing strategy that will allow you to reach your targeted audiences and grow your practice. 

Contact PRMG today to learn more about our comprehensive and customized Web solutions at (631) 207-1057, or email: johnzaher@theprmg.com.