Marketing Tech: Does Your LinkedIn Profile Play by the Rules?

Rules governing lawyers with respect to client relationships, specifically advertising and solicitation, vary from state-to-state. The differences are many: from labeling communication, to filing and retention requirements, to the use of testimonials. The use of social media is governed by these rules as well, and lawyers and their marketing professionals need to pay close attention to how they should be applied in the case of blog posts, LinkedIn or Facebook profiles, Twitter feeds, and the like.

In this article, we take a look at LinkedIn profiles and point out areas of compliance concern. But first, let's review what the rules typically cover.

Four Key Areas

In general, advertising and solicitation rules governing lawyers cover four specific areas:

1. Communication Concerning a Lawyer's Services. Rules regulating lawyer communication with clients and non-clients alike are designed to ensure that such communication is not false or misleading, which includes creating unjustified expectations about results that can be achieved, stating unsubstantiated comparisons to other lawyers' services, and a host of other issues including the use of testimonials and meta tags.
2.  Advertising. These rules typically focus on advertisement filing and retention requirements, as well as definitions for legal services and referral arrangements. Warning: Lawyer advertising rules can be obscure, as in the case of a few states defining font-size requirements when stating fees in advertising communication. Make sure you know your state's requirements, and those of other states in which you might advertize.
3. Contact with Prospective Clients. Solicitation rules define the scope of permissible activity for lawyers developing potential clients via direct outreach, which includes in-person, telephone, mail and electronic communication. Further, many state rules require some form of “advertising material” labeling to both written and electronic communication. However, states have slight variations as to the specific wording used to label such material.
4. Communication on Fields of Practice. Last, communication related to fields of practice defines the scope by which a lawyer may describe his/her experience and practice focus. The limitations here usually apply to the use of “certified,” “expert” or “specialist,” except for states that certify attorneys through a Board of Legal Specialization or other recognized and bona-fide professional entity.

Again, each state has variations on these themes, so it is important to review the rules in the specific state(s) in which a lawyer is licensed to practice. Of note, the American Bar Association has a handy summary of the differences among state rules and the ABA Model rules of advertising, which is available online:

www.americanbar.org/content/dam/aba/migrated/cpr/professionalism/state_advertising.authcheckdam.pdf.

LinkedIn

Getting back to LinkedIn, there are a number of areas that may pose problems with rule compliance.

Here are the highlights:

Specialties

Most states have limitations with respect to lawyers identifying practice specialties. Hence, the “Specialties” section of a LinkedIn profile is an area that needs special attention. The safest course of action is not to add content under the Specialties section so it won't appear on a profile. However, if a 100% complete LinkedIn profile is important, then use some qualifying language noting specialties of practice are not recognized in the state(s) in which an attorney is licensed to practice. It is permissible to go on to say that a lawyer's practice concentrates in certain areas, but just don't use derivations of “specialty” or “expertise” to describe experience.

Labeling

With respect to labeling LinkedIn profiles as advertising, this is less clear. Best practices would dictate that if the profile is more resume-oriented, i.e., just skeletal resume facts, then labeling is probably not required. However, if an attorney's LinkedIn profile contains language that proposes a commercial transaction, such as detailing the types of clients with whom the lawyer works or inviting contact by including phone or e-mail information on the profile, then the safe bet is to label the profile as advertising.

Connections

Lawyers need to be careful when using LinkedIn for introductions, particularly with respect to business development intentions, as this can violate solicitation rules. The best way to avoid unintended solicitations is to take note of how individuals want to be contacted, which can be found under the “Contact” heading of the person's profile. If you see that someone does not have any categories listed under “Contact,” this could very well mean that the person is not interested in connection requests or InMail contact. In this case, look for another point of introduction, usually through a second-degree connection.

Clients

What about clients in your network? There are a lot of advantages, the biggest being that you have access to your clients' LinkedIn contacts. However, connecting with clients opens the door to other individuals connecting with your clients through your network, and not necessarily with your knowledge. Many states have rules governing the disclosure of client names and other information, which can occur when importing client contacts into a network, or including recommendations on a profile.

Recommendations

Recommendations are very useful for enhancing a lawyer's credibility and credentials. However, they can also be considered testimonials, and a number of states bar or limit the use of testimonials by lawyers. Also of note, if you change your mind about offering them, LinkedIn does let you edit recommendations and you can withdraw a recommendation at any time without LinkedIn sending out a notification.

Groups

LinkedIn groups are very useful for obtaining perspective on an industry or issue, or identifying someone who has a particular expertise. Group discussions also give attorneys an opportunity to demonstrate knowledge on particular subject matter. However, be careful not to disclose what could be considered confidential information, or reveal client name information that can be protected under advertising rules. Remember that reporters can also be members of groups, and be following the conversation as background for a story. So take care with the questions you pose and the responses you give.

Conclusion

Bottom line, LinkedIn is a very useful networking and relationship-building tool, but take care to follow the rules governing lawyers.

Nancy Roberts Linder, a member of this newsletter's Board of Editors, is the Director of Marketing at Chapman and Cutler LLP in Chicago. She can be reached at [email protected].

Rules governing lawyers with respect to client relationships, specifically advertising and solicitation, vary from state-to-state. The differences are many: from labeling communication, to filing and retention requirements, to the use of testimonials. The use of social media is governed by these rules as well, and lawyers and their marketing professionals need to pay close attention to how they should be applied in the case of blog posts, LinkedIn or Facebook profiles, Twitter feeds, and the like.

In this article, we take a look at LinkedIn profiles and point out areas of compliance concern. But first, let's review what the rules typically cover.

Four Key Areas

In general, advertising and solicitation rules governing lawyers cover four specific areas:

1. Communication Concerning a Lawyer's Services. Rules regulating lawyer communication with clients and non-clients alike are designed to ensure that such communication is not false or misleading, which includes creating unjustified expectations about results that can be achieved, stating unsubstantiated comparisons to other lawyers' services, and a host of other issues including the use of testimonials and meta tags.
2.  Advertising. These rules typically focus on advertisement filing and retention requirements, as well as definitions for legal services and referral arrangements. Warning: Lawyer advertising rules can be obscure, as in the case of a few states defining font-size requirements when stating fees in advertising communication. Make sure you know your state's requirements, and those of other states in which you might advertize.
3. Contact with Prospective Clients. Solicitation rules define the scope of permissible activity for lawyers developing potential clients via direct outreach, which includes in-person, telephone, mail and electronic communication. Further, many state rules require some form of “advertising material” labeling to both written and electronic communication. However, states have slight variations as to the specific wording used to label such material.
4. Communication on Fields of Practice. Last, communication related to fields of practice defines the scope by which a lawyer may describe his/her experience and practice focus. The limitations here usually apply to the use of “certified,” “expert” or “specialist,” except for states that certify attorneys through a Board of Legal Specialization or other recognized and bona-fide professional entity.

Again, each state has variations on these themes, so it is important to review the rules in the specific state(s) in which a lawyer is licensed to practice. Of note, the American Bar Association has a handy summary of the differences among state rules and the ABA Model rules of advertising, which is available online:

www.americanbar.org/content/dam/aba/migrated/cpr/professionalism/state_advertising.authcheckdam.pdf.

LinkedIn

Getting back to LinkedIn, there are a number of areas that may pose problems with rule compliance.

Here are the highlights:

Specialties

Most states have limitations with respect to lawyers identifying practice specialties. Hence, the “Specialties” section of a LinkedIn profile is an area that needs special attention. The safest course of action is not to add content under the Specialties section so it won't appear on a profile. However, if a 100% complete LinkedIn profile is important, then use some qualifying language noting specialties of practice are not recognized in the state(s) in which an attorney is licensed to practice. It is permissible to go on to say that a lawyer's practice concentrates in certain areas, but just don't use derivations of “specialty” or “expertise” to describe experience.

Labeling

With respect to labeling LinkedIn profiles as advertising, this is less clear. Best practices would dictate that if the profile is more resume-oriented, i.e., just skeletal resume facts, then labeling is probably not required. However, if an attorney's LinkedIn profile contains language that proposes a commercial transaction, such as detailing the types of clients with whom the lawyer works or inviting contact by including phone or e-mail information on the profile, then the safe bet is to label the profile as advertising.

Connections

Lawyers need to be careful when using LinkedIn for introductions, particularly with respect to business development intentions, as this can violate solicitation rules. The best way to avoid unintended solicitations is to take note of how individuals want to be contacted, which can be found under the “Contact” heading of the person's profile. If you see that someone does not have any categories listed under “Contact,” this could very well mean that the person is not interested in connection requests or InMail contact. In this case, look for another point of introduction, usually through a second-degree connection.

Clients

What about clients in your network? There are a lot of advantages, the biggest being that you have access to your clients' LinkedIn contacts. However, connecting with clients opens the door to other individuals connecting with your clients through your network, and not necessarily with your knowledge. Many states have rules governing the disclosure of client names and other information, which can occur when importing client contacts into a network, or including recommendations on a profile.

Recommendations

Recommendations are very useful for enhancing a lawyer's credibility and credentials. However, they can also be considered testimonials, and a number of states bar or limit the use of testimonials by lawyers. Also of note, if you change your mind about offering them, LinkedIn does let you edit recommendations and you can withdraw a recommendation at any time without LinkedIn sending out a notification.

Groups

LinkedIn groups are very useful for obtaining perspective on an industry or issue, or identifying someone who has a particular expertise. Group discussions also give attorneys an opportunity to demonstrate knowledge on particular subject matter. However, be careful not to disclose what could be considered confidential information, or reveal client name information that can be protected under advertising rules. Remember that reporters can also be members of groups, and be following the conversation as background for a story. So take care with the questions you pose and the responses you give.

Conclusion

Bottom line, LinkedIn is a very useful networking and relationship-building tool, but take care to follow the rules governing lawyers.

Nancy Roberts Linder, a member of this newsletter's Board of Editors, is the Director of Marketing at Chapman and Cutler LLP in Chicago. She can be reached at [email protected].