The Attorney's Decision: To Advertise or Not

Attorney advertising ranges from direct selling of services via television to subtle "tombstone" announcements in opera programs. The value to attorneys and to clients alike can be great. Advertising is generally expensive, but is necessary for transactional-based practices to attract business. Advertisements not only "sell" but can also impart valuable and useful information.

This article discusses

 

• the most common methods of attorney advertising.
• the value of advertising to attorney.
• the value of advertising to clients.
• the difference between "message" advertisements and "image" advertisements.
• the means to produce effective advertisements.

Successful advertising is presented in words and pictures that appeal to and are understood by the client. Since there are so many options for the attorney to advertise, the kind of advertising undertaken and the message it contains depends heavily on who the attorney wants to talk to. Successful advertising of any kind is client focused, speaking to an audience in their language. Different media and different messages can effectively reach the corporate client, the senior citizen, young families buying their first house, or any other group the attorney wishes to reach.

Common Methods of Attorney Advertising

There is no single way to reach each audience. More than one approach is often used. Advertising for attorneys is commonly found in
 

1. the Yellow Pages.
2. directories.
3. public print media (local newspapers, trade journals, event programs, etc.).
4. public broadcast media (television and radio).

Advertising is paid space. The purchaser controls the message to as broad or as narrow an audience as desired. The style and content of attorney advertisements run from tombstone announcements of new partners on the newspaper business pages to the "divorce for $200" huckster-style television promotions on the late-night TV movie.

The opportunities for attorneys to advertise are almost limitless today. Significant time has passed since the 1977 Bates decision so that virtually any form is accepted or at least tolerated by local bars. In advertisements ranging from cable TV to classified advertisements in free neighborhood "shoppers," attorneys now advertise their services.

Since one goal of attorney business development programs is the attracting of attention, the competition to get attention is fierce. Advertising offers a controllable method of attracting it. Therefore, many attorneys are finding their advertising budgets also to be fierce. It's not uncommon for individual attorneys to spend up to 10 percent of their gross monthly income on advertising,

Here is a list of the goals that advertising can accomplish for a law firm:
 

• Position the firm strongly in the marketplace, creating name recognition and perception of leadership.
• Identify firm with new services.
• Show that the firm is aggressive and growth oriented.
• Create image of competence and professionalism.
• Create loyalty through reinforcement of the firm name and services.
• Attract new attorneys, laterals, and associates.
• Attract new personnel, both professional and staff.
• Build goodwill and improve reputation.
• Reawaken interest of previous client.
• Create name and service awareness for referral sources.
• Attract new clients.

Advertising performs another function for the client-focused attorney. It tends to reinforce among existing clients that they have purchased the services of a reputable attorney and that future purchases are a "safe buy."

Value to Clients

Many attorneys can find comfort that advertising not only creates awareness of services among potential clients, but performs a public service as well. It can have instructional value, telling the public what to look for in legal services. It can tell clients the importance of communication between client and attorney, timely follow-up and open fee discussion.

Preparing the Advertisement

Each form of advertising has its own advantages and disadvantages. Each has different methods of production and varying degrees of cost. But one thing they all have in common is their requirement for a single theme that is delivered in the message.

In the development of most advertisements, one of three themes will dominate the message: price, quality, and service. Presumably, before an attorney advertises, he or she has developed internal consensus and agreement that enables him or her to single out one of these three as the predominate message of their communications. The advertisements are merely an extension of this theme.

Naturally, most attorneys will say "I deliver on all three of those qualities." But really? Some attorney advertisements clearly deliver the message that they are less expensive than the competition. Advertisements that feature this message will usually mention fee or contingency. Advertisements that feature quality will often refer to the qualifications of the attorneys, their experience, and results. Those that feature service discuss issues such as quick response time, constant communication, and attorneys that are easy to work with.

While the legal practice of every attorney will offer degrees of all three qualities, it is important for one to dominate the attorney's advertising and all the other communication devices (in brochures, personal conversations, etc.). Remember the axiom in advertising, "Everything emphasized equals nothing emphasized." In advertisements that emphasize everything, the message gets garbled. Good attorney advertisements should follow this guideline too-pick one theme and go with it.

Types of Advertisements

It is helpful for attorneys to think of advertising as falling into two general categories, which we call message advertisements and image advertisements. Message advertisements deliver information about the attorney or firm's practice, often listing services, types of cases handled, and perhaps even a few qualifications of the practitioner(s). (Be aware of ethical considerations when listing qualifications in advertisements.)

Image advertisements always contain the attorney or firm name and may communicate some information, but they do not specifically sell legal services. Image advertisements are sometimes called identity advertisements, because they establish or reinforce a strong identification of the attorney or firm.

Image advertisements are often a statement of the attorney or firm's name, or a simple message not specifically related to the practice of law, that is, "Support Your Local Art Museum," a public service message of Jones and Jones, attorneys-at-law."

Both types of advertisements serve a valuable function. Their use depends greatly on the attorney sponsoring the advertisement, the intended audience, and the medium in which they appear. The level of advertising among attorneys is expanding rapidly, and the amount of money being spent is growing. Of the two general categories, message advertisements capture the vast majority of expenditures.

How to Create

Essentially, there are three ways to produce advertisements:
 

1. Produce the advertisement in-house. This is possible for print advertisements only. The assistance of a graphic designer and a typesetter will usually be needed. The attorney will need personally to contract for the space or
   airtime at the media of choice.
2. Ask the media to produce it. Every newspaper, magazine, or broadcast station provides this service. The advertisement is usually designed to be used only in the media that produces it.
3. Hire an advertising agency to produce and place the advertisement. An agency will help develop the attorney's "message." They will also make sure the advertisement accurately reflects the firm's personality and services. They will ensure that the advertisement is appropriate for the intended audience. They will also handle all production and the buying of the media.

Each of these approaches can be very satisfactory. The ultimate success of the advertisement will depend on the attorney's selection of the right approach for the particular situation.