Posted by: johnocunningham | January 2, 2015

Best Blogs of December: Lawyers CAN Advertise Results

This is my twenty-fifth post in a series of monthly features that I have dubbed “Best of My Blog Roll.” The concept is simple – at the end of a month I peruse my own blog roll (see that column on the right) for material created by other bloggers that I think is most worthy of sharing with others, and then I report on it here.

For the month of December 2014, I have chosen to highlight a news post  by Larry Bodine at The LawMarketing Blog entitled “Florida Court Throws Out Florida Bar’s Advertising Rules on Use of Past Results.”

Larry succinctly and cogently summed up the ruling with these words: “The landmark ruling on December 12, 2014, is a complete rejection of the Florida Bar’s obstinate efforts to suffocate lawyer advertising in a state with 68,500 attorneys. The court granted the plaintiff law firm’s motion for summary judgment, and went on to enjoin the Bar from enforcing Rules 4-7.13 and 4-7.14, which said use of past results is misleading.”

Larry’s post is also useful because it calls attention to the fact that 44 other states impose no restrictions on lawyers referring to the results they have obtained for clients.

Modern courts view the clients who are consumers of legal services as being intelligent enough to ferret through information about past performance, giving antiquated bar associations no excuse for blocking the dissemination of information about track records related to achieving client objectives, the average costs of service delivery, the average times to obtain results and a host of other data that consumers regularly obtain for other professional services and products.

Perhaps now we will see more law firms following the lead of Quinn Emanuel, advertising their results according to a variety of measures. Quinn Emanuel lays out on its website the following facts:

  • Quinn has conducted more than 2,300 trials and arbitrations;
  • Quinn has obtained more than $42 billion for plaintiffs; and
  • Quinn has won more than 88 percent of its trials.

Two other blog posts in November did catch my eye as well, including a post by former Kirkland Ellis partner Steven J. Harper on “The Bingham Case Study.” On his “Belly of the Beast” blog, Harper raises thought-provoking questions about the cultural cost of rapid mergers and integration of laterals, noting that other firms have suffered financial losses and partner defections when their cultural glue and insufficient infrastructure could not hold a ballooning juggernaut together (see for example, Howrey Simon and LeBoeuf Lamb).

On a completely unrelated topic, Samantha Collier put together a nice post about Social Media Dark-Sharing Strategies on her Social Media for Law Firms blog. She defines dark sharing: Dark sharing is when you copy a website link and forward it to a friend via email, private Facebook message or text. Then she goes on to explain the incredible leveraged benefits of dark sharing, and how to promote and facilitate dark sharing of your content.


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