Marketing Your Law Practice:

Practical Tips and Innovative Tricks

March 13, 2020

9:00 a.m. – 5:00 p.m.

CT Bar Institute, Inc.

CT: 6.75 CLE Credits (6.25 General; 0.5 Ethics)

No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and
use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments.

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 Lawyers’ Principles of Professionalism

As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with
efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation
with the letter and spirit of the disciplinary standards applicable to all that has actually commenced;
lawyers, but I will also conduct myself in accordance with the following
Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent
parties, their counsel, the courts and the general public. that they do not have merit or are superfluous;

Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions;
be equated with weakness;

I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on
communications; a voluntary exchange of information and on a plan for discovery;

I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained
in my opponent's pleadings and discovery requests;
I will agree to reasonable requests for extensions of time or for waiver of
procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine
adversely affected; dispute;

I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences,
meetings and depositions;
I will endeavor to consult with opposing counsel before scheduling
depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel;
cooperate with opposing counsel when scheduling changes are requested;
I will remember that, in addition to commitment to my client's cause, my
When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good;
opposing counsel, and if appropriate, the court (or other tribunal) as early
as possible; I will endeavor to keep myself current in the areas in which I practice and
when necessary, will associate with, or refer my client to, counsel
Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice;
immediately after such dates have been set, I will attempt to verify the
availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating
the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as
that regard; required by the Rules of Professional Conduct;

I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in
harass the opposing party; the eyes of the public and will be so guided when considering methods and
content of advertising;
I will refrain from engaging in excessive and abusive discovery, and I will
comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its
desirable goals are devotion to public service, improvement of
In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and
myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal
engaging I acts of rudeness or disrespect; assistance;

I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender,
time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed
to respond; receive fair and equal treatment under the law, and will always conduct
myself in such a way as to promote equality and justice for all.
In business transactions I will not quarrel over matters of form or style, but
will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to
supersede, supplement or in any way amend the Rules of Professional
Conduct, alter existing standards of conduct against which lawyer conduct
I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of
recognizing, as an officer of the court, that excessive zeal may be any kind.
detrimental to my client’s interests as well as to the proper functioning of
our system of justice;
--Adopted by the Connecticut Bar Association House of Delegates on June
6, 1994
While I must consider my client’s decision concerning the objectives of the
representation, I nevertheless will counsel my client that a willingness to
initiate or engage in settlement discussions is consistent with zealous and
effective representation;
Table of Contents
Agenda .................................................................................................................................................................................... 4
Faculty Biographies ................................................................................................................................................................ 5
SEO Basics for Lawyers ........................................................................................................................................................... 8
Moneyball Content Marketing ............................................................................................................................................ 57
Color Theory & Digital Landing Pages.................................................................................................................................. 89
Free or Cheap Digital Resources for Marketing ................................................................................................................ 112
Making Law Firm PPC Work: Lessons Learned after Spending $3,942,281 Across 21 Practice Areas............................. 126
Boost Your Profits with Automation ................................................................................................................................. 169
How to Self-Publish on Amazon and Build your Niche ..................................................................................................... 219
Referral Marketing for Lawyers ......................................................................................................................................... 246
Hiring Entrepreneurial Associates ..................................................................................................................................... 269
A System for Building Systems........................................................................................................................................... 283
Ethics of Marketing ............................................................................................................................................................ 299
Throwing Money Down the Drain ..................................................................................................................................... 362

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Marketing Your Law Practice: Practical Tips and
Innovative Tricks (ESF200313)
Agenda
8:30 – 8:50 a.m. Registration
8:50 – 9:00 a.m. Introduction and Welcome
Tom Genung, Connecticut Bar Association, New Britain
9:00 – 9:30 a.m. SEO Basics for Lawyers
Seth Price, Price Benowitz LLP, Washington, DC
9:30 – 10:00 a.m. Moneyball Content Marketing
Ryan McKeen, Connecticut Trial Firm LLC, Glastonbury
10:00 – 10:20 a.m. Color Theory & Digital Landing Pages
Brendan Ruane, Lightswitch Advisors, New Haven
10:20 – 10:30 a.m. BREAK
10:30 – 10:50 a.m. Free or Cheap Digital Resources for Marketing
Aijah Downer, FirmFlex, Shelton
10:50 – 11:20 a.m. Making Law Firm PPC Work: Lessons Learned after Spending $3,942,281 Across 21
Practice Areas
Bill Hauser, SMB Team, Bala Cynwyd, PA
11:20 – 12:00 p.m. Boost Your Profits with Automation
Tyson Mutrux, Mutrux Firm LLC, St. Louis, MO
12:00 – 12:45 p.m. LUNCH
12:45 – 1:15 p.m. Why Are You Throwing Money Down the Drain
James O. Hacking, Hacking Law Practice LLC, Kirkwood, MO
1:15 – 1:45 p.m. How to Self-Publish on Amazon and Build your Niche
Jennifer Sanfilippo, FirmFlex, Shelton
1:45 – 2:15 p.m. Referral Marketing for Lawyers
John H. Fisher, John H. Fisher PC, Kingston, NY
2:15 – 2:30 p.m. BREAK
2:30 – 3:00 p.m. Hiring Entrepreneurial Associates
Hailey Rice, Connecticut Trial Firm LLC, Glastonbury
3:00 – 3:15 p.m. A System for Building Systems
Jay Ruane, Ruane Attorneys at Law, Shelton
3:15 – 4:15 p.m. Ethics of Marketing
Mark A. Dubois, Geraghty & Bonnano LLC, New London
4:15 – 5:00 p.m. Speaker Roundtable Questions
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Faculty Biographies
Aijah Downer, Firm Flex LLC
Aijah has found a home in the digital world. She has over five years of experience in social media marketing
and five years in video production and editing. Having managed social media for major media companies, she
puts her big-league talents to work as Firm Flex’s creative director. For more information on how Aijah can
help you capture your inner voice and illustrate your creative vision, contact her at aijah@getfirmflex.com.

Mark A. Dubois, Geraghty & Bonnano LLC

Mark Dubois has practiced law for over 40 years. He is an assistant clinical professor of law at the University of
Connecticut School of Law. He is also of-counsel with the New London firm of Geraghty & Bonnano. He was
Connecticut’s first Chief Disciplinary Counsel from 2003 until 2011. In that position he established an office
that investigated and prosecuted attorney misconduct and the unauthorized practice of law. He is co-author of
Connecticut Legal Ethics and Malpractice, the only book devoted to the topic of attorney ethics in Connecticut.
He is a contributor to the Connecticut Law Tribune where he wrote the Ethics Matters column for over 7 years.
He writes and lectures on matters related to lawyer ethics with a recent focus on senior attorneys.
Attorney Dubois has represented many individuals accused of ethical misconduct and malpractice. He has also
served as an expert witness on matters of privilege, ethics and malpractice. He teaches lawyering skills at
UConn Law School and has taught legal ethics there and at Quinnipiac University School of Law where he was
Distinguished Practitioner in Residence in 2011. He has lectured in Connecticut and nationally on attorney
ethics and has given or participated in over 100 presentations and symposia on attorney ethics and malpractice.
Attorney Dubois was board certified in civil trial advocacy by the National Board of Legal Specialty
Certification for over 20 years. He is former president of the Connecticut Bar Association. In addition to being a
member of the Bar Association, he is a member of the Professional Discipline, LGBT and Unauthorized
Practice groups. He is a member of the New Britain, New London, and American Bar Associations, the
American Board of Trial Advocates and the Association of Professional Responsibility Lawyers. He is the 2019
recipient of the Connecticut Bar Association’s Edward Hennessey award for career professionalism, the Quintin
Johnstone Service to the Profession Award in 2012 and the American Board of Trial Advocacy, Connecticut
Chapter, annual award in 2007.

John H. Fisher, John H. Fisher PC

John Fisher is the owner and founder of John H. Fisher, P.C., where he limits his practice to catastrophic injury
law for injury victims in New York State. Over the last 20 years, John’s practice has been limited to the
representation of catastrophically injured persons.
John has been cited as a legal expert on numerous occasions by TRIAL magazine of the American Association
for Justice and the New York Law Journal, and he speaks frequently for the New York State Bar Association,
The National Trial Lawyers, PILMMA, Great Legal Marketing, and county and regional bar associations
concerning law practice management, internet marketing for lawyers, referral-based marketing and trial skills.
First and foremost, John is an entrepreneur. John was selected as the national Marketer of the Year by Great
Legal Marketing in 2013 and has been called a “master of referral marketing” by Ben Glass, Esq. John is AV-
rated by Martindale-Hubbell, has a perfect 10/10 ranking on www.Avvo.com and is a graduate of the University
of Notre Dame and Notre Dame Law School.

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John is the author of the best-selling book, The Power of a System—the first of its kind book with explicit
“how-to” steps for the technical, managerial and entrepreneurial implementation of a multi-million dollar
personal injury law firm.

James O. Hacking, Hacking Law Practice LLC

Jim Hacking graduated in 1997 from the Saint Louis University School of Law. Since 2007, Jim's practice has
been devoted to immigration law. Jim was a founding member of the St. Louis Chapter of the Council on
American-Islamic Relations, served on the U.S. Attorney's Hate Crimes Task Force, and currently chairs the
Muslim Task Force of the ACLU of Eastern Missouri. In 2009 and 2013, the Riverfront Times named Jim the
Best Lawyer in St. Louis.

Bill Hauser, SMB Team

Bill Hauser is the CEO and owner of the SMB Team – a premier legal marketing agency helping law firms and
attorneys attract and land more clients through Google Ads and Targeted Landing Pages.

Ryan McKeen, Connecticut Trial Firm LLC

Ryan McKeen, founder of Connecticut Trial Firm, LLC is a personal injury attorney in Glastonbury, CT and
co-author of “Tiger Tactics: Powerful Strategies for Winning Law Firms,” an Amazon #1 best seller in the Law
Practice Management category in 2019.

Tyson Mutrux, Mutrux Firm LLC

Tyson Mutrux received his B.S. in business from the University of Missouri and his J.D. from St. Louis
University in 2010. He devotes most of his practice to personal injury litigation. Tyson’s previous positions
include clerkships with the St. Louis County Prosecutor’s Office, the Hammer Law Firm, and Dunne, Koeing &
Green, as well as a Litigation Associate with Brown & Brown, LLP.

Seth Price, Managing Partner of Price Benowitz LLP and Founder of BluShark Digital
An accomplished attorney and transformational thought leader, Seth Price is a founding partner and the business
backbone of Price Benowitz LLP as well as the founder and CEO of BluShark Digital. Seth took a two person
law firm and scaled to 30 lawyers in less than a decade. Now Seth has taken the same digital power that built
the firm to create a best in class digital agency focused on the legal sector in BluShark Digital. Seth has been a
frequent lecturer and moderator at some of the largest and most influential law conferences in the United States,
speaking on the tools and strategies law firms can use to align their business development with changing
consumer habits.

Hailey Rice, Connecticut Trial Firm LLC

Hailey Rice is a personal injury attorney with Connecticut Trial Firm, LLC. In addition to representing injured
people, Hailey has been an attorney for consumers, finance companies and mortgage banks. Throughout her
career, she has worked with small law firms and startup companies to grow their businesses and social media
presences. Hailey believes in hiring great people and getting out of their way.

James O. Ruane, Ruane Attorneys at Law

Jay Ruane is a nationally recognized expert in digital and social media marketing for lawyers. In addition, he is
an Amazon best-selling author in the Law Practice Management category. For over 15 years, Jay has handled
the business and marketing development for his firm and all of its verticals, taking a successful solo practice to
consistent 7 figure revenues and launching multiple practice groups.
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Brendan Ruane, Lightswitch Advisors
Beginning with his first law firm website build in 1998, Brendan has always looked for what is next in the
digital marketing space. Brendan is a certified Digital Business Consultant by WP Elevation and has been
Certified in the SEOToolset by Bruce Clay. He runs a boutique digital marketing agency, Lightswitch Advisors,
and is a co-founder & CTO for FirmFlex - the Social Media Marketing Agency for Lawyers. Brendan is a
custom WordPress developer, marketing automation consultant and has vast experience creating social media
ad campaigns. He has been published in the NACDL Champion Magazine and is a published author on
marketing small businesses.

Jennifer Sanfilippo, Firm Flex LLC

Jen Sanfilippo is the Content Director at FirmFlex, a social media marketing company for lawyers. She has
worked side-by-side with lawyers across the country for nearly a decade, helping them publish content online
and run their social media accounts. Since 2014, Jen has also helped lawyers publish books on Amazon.

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SEO BASICS FOR LAWYERS
IT’S ALL ABOUT THE FUNDAMENTALS
PRESENTED BY: SETH PRICE

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RECENT SIGNIFICANT GOOGLE UPDATES
• August 2018 – largest update in history.
- Updated Quality Raters Guide (167 pages of Google rules)

• June 2019 – broad core algorithm

update (first announcement ever)

• June 2019 - GMB Executive Offices

• June 2019 - Advice from Google on

content

• October 2019 - Local Update

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TECHNICAL SEO
Optimizing Behind the Scenes

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 TECHNICAL SEO

• Optimize for Mobile

• Page Speed

• Meta Descriptions

• Title Tags

• Schema/Markup

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 BOUNCE RATE AND PAGE SPEED

• Do high bounce rates correlate to poor site speed?

• PageSpeed Insights
https://developers.google.com/speed/pagespeed/insights/
• Mobile and Desktop Speed
• Suggestions to improve speed

• Good score - 80-100

• 2-4 second load time

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STRUCTURED DATA AND RICH SNIPPETS
The More Google Knows, The More Google Can Show
• Speak Google’s Language – Structured Regular SERP result
Data, Schema markup
• Schema.org – Google, Bing, Yahoo!
• Schema markup allows the search
engine to understand the website
and its content, and then display Rich Snippets
your content properly on SERPS

• Types of Markup
• Geographic region
• Reviews – no longer! Self serving
reviews not crawled
• Main Menu
• Industry/Business Type
• Social
• FAQ Page 14 of 403
FAQ SCHEMA/MARKUP

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 THE FUTURE OF TECHNICAL

• Schema sophistication

• Rich snippets all over SERP?

• Watch out for pluginS

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CONTENT STRATEGY
Providing High Quality Information to Your Audience

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 OPTIMIZING CONTENT

• Advice from Google on content (Expertise, Authoritativeness

and Trustworthiness)

• Increase content users want – be more interactive (forums, etc)

• Make sure to optimize for the consumer AND the Google bot
– Bot still needs high quality content to understand your brand, full
authority, and what your site is all about

• TIP: 500-700 words per page for internal page

• TIP: 1000+ words per page for landing page
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 TIPS TO CREATE ENGAGING CONTENT

• Establish a Brand - Niche Blogging

• Become a trusted source - provide information on trending topics

• Set yourself apart - Stick to expert’s genuine interest. Will result in

greater contributions and richer content

• Create FAQ Videos - can increase engagement, time on page, and

conversion rates

• Pro Tips: Provide expert content or quotes for guest blogs to obtain
backlinks from authoritative sites.

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 STRATEGIC CONTENT DEVELOPMENT

• Leverage your experts to write content on different topics to

maximize your audience reach and your depth of credibility

• Go Local in your content to establish authority

• Think beyond state-level terms

• City and county terms

TIP: Do not copy and paste content from

one location page to another—even if
laws are identical, make the content fresh.

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 TIPS FOR IMAGES IN YOUR CONTENT

• Google Advanced Image Search

• https://www.google.com/advanced_image_search

• Image size

• Colors in images

• File type (PNG)

• Advanced image title search

• Usage rights

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 THE FUTURE OF CONTENT

• Neural Matching (2018) vs. RankBrain (2016)

– RankBrain helps Google better relate pages to
concepts
– Neural Matching helps Google better relate
words to searches
• Why does my TV look funny
• “The soap opera effect”
• Keywords will be less strict
• High Quality Content still a must

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LINK BUILDING
Establishing Relationships Online

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 BECOME AN AUTHORITY
OTHERS WANT TO CITE
Content & Link-Building Come Together
• Create content other sites want to link to
– Be educational & informational
– Add charts and statistics
in your content
• Bonus: Markup the charts to
potentially achieve featured rich
snippets

• Make your site look authoritative

• High-quality content earns

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 LINK BUILDING TIPS
THINK OUTSIDE THE BOX

• Old School - Infographics (have potential to go viral)

– Visual representation of information
– Use proper outreach tools (BuzzStream, Cision, etc.) to make
personalized outreach efficient

• New Ideas - Podcasts and FAQ Videos

– Post on authoritative sites
– Leverage your experts

• Using your publications - Ebooks

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 LINK BUILDING BEST PRACTICES

• White Hat vs. Black Hat link building

• White hat - Natural links through press or lawyer profiles
• Black hat - hidden spammy keyword links on a page only the
Google Bot sees, not users

• Identifying spammy sites

• “submit link here”
• Low domain authority
• International sites (.in, etc)

• No Reciprocal Link Building

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 LOCAL LINKBUILDING

• Build your firm a personality - people want to hire

someone they like and trust

• Local outreach programs

– Recurring events offer consistency and legitimacy
– Annual food/clothes/school supply drives
– Scholarships
– Seasonal nominations

• Keep focus on providing value to community,

but maximize link opportunities

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 MAXIMIZING RELATIONSHIPS

• Leverage existing relationships in the community

– Organizations you donate to
– Organizations you volunteer with
– Organizations you are a board member of

• Make use of media and small business relationships

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 THE FUTURE OF LINKS

• Penguin Update (old school)

– Spammy links
– Disavow - gain back authority

• PageRank (used internally)

• Linkless mentions/Implied Links

– Natural building of your brand

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LOCAL SEARCH
Creating a Healthy Reputation in Your City

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ORGANIC SEARCH & RANKING IN LOCAL PACK

ORGANIC SEARCH
• Link signals
• On-page & technical signals
• Behavioral signals

LOCAL SEARCH
• Google My Business signals
• Local citation signals
• Review signals
• Local link-building signals
• Authority of website is a
central factor (organic SEO)

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 LOCAL 3 PACK - FILTERING

• Local pack may not show

multiple results in the same
building for same practice area
○ results are filtered to
improve user experience

• Others will be suppressed,

though they may show in
organic ranking or when you
zoom in on map view

• Plan accordingly for office expansion

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TIPS FOR UPKEEP OF LOCAL CITATIONS

Inconsistent
• Update local citations when
listings bring
you down! • Your physical address changes
• Your phone number changes
• Your firm name changes
• Pro Tips:
• Include backlinks to important
pages on your site
• Make updates to your existing
listings to re-prompt a fresh Accuracy is
crawl Crucial!

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 IMPORTANCE OF UPDATING YOUR GMB

• A complete profile
allows Google to truly
understand your brand

• Most important fields

○ Name
○ Address
○ Phone Number
○ Primary Category

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 GMB NEW FEATURES

• New features are constantly coming out

in order to gain more information on user
interaction with your business

• Posts

• Messaging

• Business Descriptions

• Additional Phone Numbers

• Date business established

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GMB NEW FEATURES

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GOOGLE MY BUSINESS INSIGHTS

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 GET INSIDE GOOGLE’S MIND

• Provides data on user engagement with GMB

○ 1 week, 1 month, 1 quarter timespans

• Information being collected is indicative of being a ranking factor

• Google’s explanation of each data set in GMB Insights

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GMB INSIGHTS - VIEWS DATA CAUTION

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GMB INSIGHTS – EVERYONE GETS A VIEW

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GMB INSIGHTS – HOW ARE YOU FOUND?

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GMB INSIGHTS – COMMON QUERIES

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 GMB INSIGHTS – PHOTO VIEWS

**Same user views multiple photos = multiple views. Per view not user
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GEOTAG PHOTOS TO BOOST RANKING

https://www.geoimgr.com Page 44 of 403

 UPDATING PHOTOS WITH GEOTAG INFO

1. Delete photo from you GMB

1. https://www.geoimgr.com

2. Rename photo with keywords

1. Check properties of photo to

see the GPS data of the photo

1. Upload new photo

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GOOGLE LOCAL GUIDES & SUGGESTIONS

• “Local Guides is a global

community of explorers who write
reviews, share photos, answer
questions, add or edit places, and
check facts on Google Maps.”

• 5 mil in 2016 | 120 mil 2019

• How to become a local guide

• Suggestions and edits

• In select cities, you can discover

and follow selected Local Guides. Page 46 of 403
 LOCAL 3 PACK - AD EXTENSION

• Google introduces local

search ads in the 3 pack

• Local Ad Extension - If you

have competitors dominating
the local pack - this is a good
way to still appear locally

• Have to also be running

regular Google Ads for the
keywords - Cannot run local 3
pack ads exclusively

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LOCAL 3 PACK ADs ON COMPETITOR GMB

Ads on your competitor’s GMB

knowledge panel

• Still in very early beta

• Shows for branded queries

• Giving consumers more

options

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LOCAL SERVICE ADS

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 LOCAL SERVICE ADS FOR LEGAL

• Have to earn a badge by becoming ”Google Guaranteed”

○ Submit application with state bar info, full criminal
background check for all employees, and malpractice
insurance

• Extra vetting process by Google to increase conversions

○ After clicking ad, user must confirm service they’re looking
for and zip code
○ If service and/or zip code don’t match – Google will direct
them elsewhere

• Gearing up to be released to public for Estate Planning &

Immigration nation wide! Tested in San Diego and
Houston
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LOCAL SERVICE ADS

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REVIEWS: THE ULTIMATE
CONVERSION FACTOR
Learn how, when and why to get them

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 DEALING WITH NEGATIVE REVIEWS

DO: ● Report the review to Google

from the primary owner or
manager access account

DON’T: ● Respond negatively to the review

● Response immediately to the Flag as inappropriate

review

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NEW IN GMB REVIEWS

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 THE FUTURE OF LOCAL

• Algorithm updates specific to local SEO?

• Guidelines for Google Reviews (increased

ranking factor?)

• Local Service Ads

• Local Guides
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 QUESTIONS? CONTACT US!

Seth Price
(202) 664-8444 | info@BluSharkDigital.com
BluSharkDigital.com

If you have any questions about SEO or would like to

Learn more, text “SEO” to (347) 661 9999

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Moneyball Content
Marketing
@ryanmckeen

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The Problem

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The Opportunity

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Social Media Statistics
• Global Average of 2 hours and 23 minutes on social
media per day

• 58 minutes per day on Facebook

• 53 minutes per day on Instagram

• 40 minutes on Youtube

• Source: Social Media Today

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What Works Is What
Always Worked

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Your Story Meets
Their Story

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It’s In Your Pocket

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Know, Like, And Trust

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Add Value

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Understand Your
Platform.

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Use Story Narrative

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Multi Purpose Your
Content

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One Piece Of Video Content

• Post video on Facebook and Youtube

• Rip audio and add to podcast and Alexa

• Transcribe content for blog or web content

• Cut part of video for Instagram

• Use some of your transcription to make a tweet

• Take a picture of that tweet and add to LinkedIn

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Show Up And Listen

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Audience Size Does Not
Matter. Narrowcasting
wins.

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 Tools

• Canva

• Anchor.Fm

• Native video editing apps on your phone or computer

• Amazon Direct Publishing

• Fiverr

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Color Theory &
Landing Pages

Brendan Ruane - CEO

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 People form FIRST
IMPRESSIONS about
other people in 17-50
milliseconds
That’s 0.1 or 1/10th of a second!
Attractiveness, trustworthiness,
competence, aggressiveness etc.
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People form FIRST
IMPRESSIONS about
Web Pages in
17-50 milliseconds
That’s 1/20th of a second!

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Landing Pages

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Landing Page 101

•Logo Top Left

•UVP in Hero Section
•Call to Action
•Benefits List
•Social Proof
•Minimal Menu
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“What the eye SEES and
the ear HEARS, ...the mind
BELIEVES” -Harry Houdini

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 COLOR PERCEPTION
Physical Physiological Psychological

EXISTENCE DETECTION MEANING

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What did you see?

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Dominant Color Complementary
Eye Exhaustion = Color Halo Effect

Magenta and Lime are

complementary
(opposite) colors.

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The human eye jumps
3x a second to capture
visual information
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The eye wants to find
that complementary
color
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The eye needs to find
that complementary
color
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So how can we
use this to our
advantage?
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CTAs
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Where is your
eye drawn?

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Use the complementary color sparingly for your CTA
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Too much use of the
complementary
color will dilute its
effectiveness.

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 RGB Color Wheel

COLO
R
CTA C
OLOR

}
Reserve the slices
to the right and
left of your CTA
ANT
DOM
IN
color

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 One Last Tip

Do Not Become
Beholden to Your
Logo Colors!
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 Key Take Aways
•You need a Landing Page
•Use Benefits in Your UVP
•Have one CTA
•Find your sites complementary color
•Use it for your CTAs
•Exclude it from everywhere else
•Logos top left
•Remove Menus from Landing Pages
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 Brendan Ruane
Lightswitch Advisors
brendan@lightswitchadvisors.com

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15 Free or Cheap!
Creative Marketing Resources

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Photologo

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Clipscribe

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Sticker
Mule

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Giphy

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Eventbrite

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99designs Page 118 of 403
Vistaprint

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Canva

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Facebook
Frames

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HARO

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Alexa
Skill

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Medium

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 Thank You!
aijah@getfirmflex.com
fb.me/getfirmflex
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 LAW FIRM PPC
Lessons Learned After Spending $9.16M Across
21 Practice Areas

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WHAT WE’RE
GOING TO COVER
1 The “Customization Curve” Problem

2 Finding (The Right) Traffic

3 Converting Traffic Into Clients

4 Multi-Channel Multipliers

5 Where is Google Going?

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 2008.
You never know how good your business is until a recession hits.

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Where Are You Now?
Experienced

Amateur

Beginner

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(844) 376-2463 support@smbteam.com
PAY PER CLICK

How a Google Ad Got Me Here

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(844) 376-2463 support@smbteam.com
PAY PER CLICK

What Is Pay Per Click?

People search & ads pop up

They click, you pay

PPC vs. SEM

Landing page produces a “Lead”

Re-targeting & follow-up begins

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(844) 376-2463 support@smbteam.com
PAY PER CLICK

Advantages of PPC Advertising

Faster results Cater to mobile traffic

Converts into calls Exclude junk cases

Higher quality leads than

No referral fees
aggregators

Target by demographics

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(844) 376-2463 support@smbteam.com
PAY PER CLICK

Agency Jumping Syndrome

Starts out Jumps ship Cancels

Finds a new Tries to do it
with one
agency
3 months
in
agency within 3
months
themselves
=

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(844) 376-2463 support@smbteam.com
 1
The “Customization Curve” Problem

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(844) 376-2463 support@smbteam.com
CUSTOMIZATION CURVE

Customization Is Expensive

...the more customization you need

The lower your marketing budget...

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(844) 376-2463 support@smbteam.com
Avoid The “Spray & Pray” Method

(844) 376-2463
🙏🏼
support@smbteam.com
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Wasting Money Causes Skepticism…
Skepticism is Killing You.

Accumulating unrealistic expectations.

Looking for the bad before it starts.

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(844) 376-2463 support@smbteam.com
 2
Finding (The Right) Traffic

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(844) 376-2463 support@smbteam.com
FINDING THE RIGHT TRAFFIC

What Do You Want From Your PPC?

Set your goal Define your target

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(844) 376-2463 support@smbteam.com
The goal is NOT to save money on PPC.

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(844) 376-2463 support@smbteam.com
The #1 goal is to eliminate waste

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(844) 376-2463 support@smbteam.com
FINDING THE RIGHT TRAFFIC

Steps To Getting The Right Traffic

1 2
Choose Keywords Add Negatives

3 4
Insert Match Types Refine with Audience Targeting

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(844) 376-2463 support@smbteam.com
FINDING THE RIGHT TRAFFIC

Ad Groups and Campaign Structures

Build simple campaigns Check the details Add creativity

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(844) 376-2463 support@smbteam.com
FINDING THE RIGHT TRAFFIC

Copywriting
Call- Out Extension

Ad Extension

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(844) 376-2463 support@smbteam.com
FINDING THE RIGHT TRAFFIC

Bidding

● Position #1 isn’t always best

● Automated vs. Manual Bidding

Absolute Top
● Time of day? 3-hour blocks.

● Stop searching for yourself

Top of Page

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(844) 376-2463 support@smbteam.com
 3
Converting Traffic Into Clients

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(844) 376-2463 support@smbteam.com
CONVERTING TRAFFIC

Landing Pages vs. Main Website

Landing pages are fast loading, mobile first and include

Websites often contain too much distracting
a form submission and phone call button above the
information for online leads from PPC.
fold.

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LESSON TWO

Having A Well-Oiled Phone

Intake System Is Important

Getting leads and potential clients calling into your

office isn’t the only hurdle.

Being able to convert leads into signed and retained

clients is just as important at generating leads.

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(844) 376-2463 support@smbteam.com
7 out of 10 callers will hang up if
they reach voicemail and move on
to the next option.
Source: US Answer

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(844) 376-2463 support@smbteam.com
LESSON TWO

Potential Solutions for Phone Intake

1 2 3
Hire an
Hire a Receptionist Train a Paralegal
Answering Service

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(844) 376-2463 support@smbteam.com
LESSON TWO

But Follow-Up Is Just As Important

Your leads aren’t just going to follow up with you...

...or magically turn into sign ups without any effort

Make sure that you have a solid follow-up system

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(844) 376-2463 support@smbteam.com
CONVERTING TRAFFIC

Going Beyond the Click

Scaling Split-Testing

Bing
Expanding Keywords Not Until $10K+ Budget
Running 24/7
Geo-Target Expansion

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(844) 376-2463 support@smbteam.com
 4
Multi-Channel Multipliers

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(844) 376-2463 support@smbteam.com
Your Competitors Aren’t Taking Advantage Of A
Multi-Channel Marketing Approach.

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(844) 376-2463 support@smbteam.com
 Here’s How We Deploy A
Multi-Channel Marketing Approach.

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(844) 376-2463 support@smbteam.com
Funnel #1: Trust Building Through Nurturing
Branded Review
Google Ad Search Check
BUILDS TRUST

Add To Email 6-Day Nurture

1st Phone Call Nurturing Add on FB Daily FB Stories Sequence

Reaches Out

Referral

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(844) 376-2463 support@smbteam.com
Funnel #2: Thought Leadership… The Easy Sale
BUILDS TRUST
Google Landing YouTube Downloads Add To Email
Ad Page Videos Lead Magnet Nurturing

Reaches Out

Referral

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 5
Where is Google Going (2020 & Beyond)

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(844) 376-2463 support@smbteam.com
GOOGLE IN 2020

Advanced Tactics
Local Service Ads Google Maps Ads
Customer Match & Gmail Ads

Privacy
Monetizing Laws Are
Mobile
SEO Changing
Everything

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 Stay On Offense.

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(844) 376-2463 support@smbteam.com
 Free Booklet Download:

PPC for Lawyers (Not Dummies):

Simple Law Firm PPC Strategies in a
Crowded Marketplace.

Go To:
www.lawyerppcbook.com

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(844) 376-2463 support@smbteam.com
THANK YOU!
@billhauserbusiness

@thesmbteam

@thesmbteam

@smbteam

youtube.com/smbteam

linkedin.com/company/thesmbteam

www.SMBTEAM.com

Page 162 of 403

 BONUS

LESSON ONE
Cost Per Lead Matters… But It’s Not The Holy Grail

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(844) 376-2463 support@smbteam.com
 BONUS

LESSON TWO
Numbers DO Lie.

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(844) 376-2463 support@smbteam.com
 BONUS

LESSON THREE
Track Everything + Preserve Your Data

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(844) 376-2463 support@smbteam.com
 BONUS

LESSON FOUR
The Power of Long-Tail Keywords

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(844) 376-2463 support@smbteam.com
 BONUS

LESSON FIVE
Don’t Make Snap Decisions (Patience)

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(844) 376-2463 support@smbteam.com
THANK YOU!
@billhauserbusiness

@thesmbteam

@thesmbteam

@smbteam

youtube.com/smbteam

linkedin.com/company/thesmbteam

www.SMBTEAM.com

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Boost Your Profits With
Automation
Tyson Mutrux

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BENEFITS OF AUTOMATION

● Lower costs.
● Improved client satisfaction.
● Increased productivity.
● Streamlined management.
● Motivated employees.
● Increased profits.

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CASH FLOW

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WAYS TO INCREASE CASH FLOW
● Increase fees.
● Increase case volume.
● Reduce expenses/overhead.
● Shorten sales cycle.
● Shorten your average case duration.
● Shorten billing cycle.
● Shorten payment cycle.

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Vision

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 How to
Automate...

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1. DEFINE YOUR GOAL.
2. LIST.
3. EADO.
4. SEGMENT.
5. BLOCK.
6. MAP YOUR CLIENT JOURNEY.
7. IMPLEMENT THE PROCESS.
8. MONITOR RESULTS.

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Step One: Define
Your Goal

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Step Two: List

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List your tasks.

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Be specific.

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Step Three: EADO

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ELIMINATE

EADO

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Trim the fat.

EADO

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AUTOMATE
(We’ll get to this
shortly)

EADO

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DELEGATE

EADO

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 Get everything off
your plate that you
shouldn’t be doing.
EADO

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OUTSOURCE

EADO

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It’s more efficient.

EADO

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It saves you
money.
EADO

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 Plus, no office
space, computer,
phone, etc.
EADO

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Step Four: Segment

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Think about if
from two
perspectives...

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Your firm and...

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Your client!

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Not 30,000 Feet...

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More like 10,000
Feet...

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www.DolmanLaw.com

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Step Five: Block

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 Break Your
Segments into as
Many Blocks as
Necessary

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INTAKE SEGMENT
INITIAL PHONE CALL BLOCK
DATA ENTRY/SCANNING BLOCK
INITIAL INVESTIGATION BLOCK
MEETING/REJECTION BLOCK
REFERRAL PARTNER BLOCK
INITIAL RECORD REQUESTS

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Step Six: Map
Your Client
Journey

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You need to figure
out when these
tasks need to
happen.

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Put your tasks on
a spectrum or a
grid.

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www.DolmanLaw.com

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 Step Seven:
Implement the
Process

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Doc Gen

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Step Eight:
Monitor the
Process

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 ● Calendly
Automation ● Hootsuite/Buffer
Tools ● Infusionsoft
● Zapier

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Thank You!

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 HOW TO
PUBLISH
A BOOK
ON AMAZON
Jen Sanfilippo
Content Director, FirmFlex
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Good News for Us
Self Publishing Is:

• Cheap
• Quick
• Easy

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How to Publish a Book on
Amazon in Five Steps

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Step 1: Write Your Book

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 Step 2: Format the
Interior of Your Book

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Step 3: Create a
Book Cover

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Step 4: Buy and
Assign an
ISBN Number

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Step 5: Publish
On Amazon

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Good News for Us
Self Publishing Is:

• Cheap
• Quick
• Easy

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Thank You!
jen@getfirmflex.com
fb.me/getfirmflex
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The Secrets of Lawyer-to-Lawyer
Referral Based Marketing
John H. Fisher

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Crooked or Mad Genius?

One Referral Source

Leads to...

Dozens of Referrals

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Benefits of Referral Based
Marketing

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 The Brutal Truth about
Referral Based Marketing

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The Mindset

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Defining Your Ideal Client
Demographics of Your Ideal Client:
Region

Practice Area

Age

Your Top 20 Whales

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Top Tips for Lawyer Referrals
Tip #1: Newsletter Articles for Bar
Associations
Tip #2: Weekly Email Newsletter
Tips #3: Monthly Print Newsletter
Tip #4: Speaking Events for Lawyers

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 Print Newsletter
Give Value…No Self-Promotion
Best Practice Tips
Stay Top of Mind with Referral
Partners
The Multiplicity Effect

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Email Newsletter

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 Top Tips for Lawyer Referrals
Tip #5: Weekly Lunch Dates

Tip #6: Book for Referral Partners

Tip #7: “Shock & Awe” for Referral

Partners

Tip #8: Daily Update for Referral Partners

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 The Book
World’s Greatest Business Card

Authority & Celebrity Status

Speaking Engagements

The Gift that Keeps Giving

SHOW UP LIKE NO ONE ELSE!
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Top Tips for Lawyer Referrals
Tip #9: Quarterly Print Newsletter with legal
updates

Tip #10: Party for Referral Partners

Tip #11: Join a Community of Lawyers

Tip #12: Guest Posts for Lawyer Websites

Tip #13: Website for Lawyers

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Website for Lawyers

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The Rules of Engagement

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Referral Gold

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The Ace Up Your Sleeve

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Mission… NOT Impossible
Set a Goal and Deadline

Annual Goals

1,000 Referral Partners by October 19, 2023

#1 Law Firm for Lawyer Referrals in the

State

Celebrate Victories
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 The Secrets of Lawyer-to-Lawyer Referral Based Marketing

John H. Fisher
www.ProtectingPatientRights.com
www.UltimateInjuryLaw.com
My biggest epiphany as a lawyer? Injury victims are not really our clients—lawyers are.
Once I eventually accepted this, life got easier. We started marketing exclusively to
lawyers.

Why would anyone create marketing systems to acquire lawyer referrals? Begin by
identifying the source of your highest value cases. That’s right, your best cases are
referred by lawyers. Your referral partners (e.g., referring lawyers) prescreen the cases
for merit and send new clients to you with an endorsement of their support and best of
all, you don’t have to spend a penny to acquire the new case. And with the
endorsement from your referral partner, you can do no wrong. Life is good, my friend.

So, why don’t all lawyers have systems for acquiring lawyer referrals? To this day, I am
dumbfounded. Yet, even today you attend seminars about lawyer marketing without a
single minute spent on lawyer-to-lawyer referral based marketing. This creates a huge
vacuum (and a golden opportunity for you).

A Radically, Unique Marketing System for Lawyers

When we began our lawyer-to-lawyer referral based marketing system on October 19,
2013, we had 124 lawyer referral partners. Today (March 13, 2020), we have 387
lawyer referral partners (e.g., a “referral partner” is a lawyer, judge or paralegal who has
referred at least one case in the last 5 years), and almost 100% of our revenue is
generated by lawyer referrals.

BEFORE (October 19, 2013): 124 Referral Partners

AFTER (March 13, 2020): 387 Referral Partners

Our referral partners include malpractice defense lawyers, judges, county bar
executives and our favorite: plaintiff’s personal injury lawyers who do not handle
medical malpractice.

The 5 Pillars of Referral Mastery for Lawyers

We have 5 proven methods for acquiring and cultivating lawyer referrals. Take what you
can, make the systems better and share your results with us
(jfisher@fishermalpracticelaw.com cell: 518-265-9131). What do you have to lose?
Let’s get started.

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 Pillar #1: Why Every Lawyer Should Have a Book
A book is the ultimate, indestructible business card. When you are the author of a book,
you have instant credibility. The book is your ticket to national and statewide speaking
engagements and is a marketing tool that you’ll have the rest of your career.

Writing a book is the best thing I’ve ever done in my career. My first book, The Power of
a System, is:

 On the curriculum of 3 law schools,

 Used as a reference at Judge’s School in New York,

 Resulted in speaking engagements for the National Trial Lawyers, PILMMA,

Great Legal Marketing, and numerous state and regional bar associations

If that’s not enough, the book has led to referrals of some of our firm’s highest value
cases. A book is the gift that keeps giving and once you put in the time to write the
book, you’ll have an asset for the rest of your career.

Rather than handing out your business card, you will sign and hand out free copies of
your book. And your book will be sitting on the shelves of your ideal referral partners for
the next 30 years (isn’t that better than a billboard?). Lawyers from across the country
will contact you for advice and why not? You’re the lawyer who wrote the book.

In my humble view, Advantage/Forbes Books is the ideal strategic partner for lawyers
who are serious about publishing a book. Advantage/Forbes Books will create a great
looking hard cover book, do the marketing and promotion for you and distribute your
book among the digital and hard cover book distributors. I would not publish a book with
anyone else.

Pillar #2: The Best Way to Stay Top of Mind with Your Referral
Partners
There is no such thing as over-communicating to your referral partners. You have to
create systems that allow you to nurture these relationships and the best way to stay
top of mind with your referral partners is a monthly print newsletter.

I know what you’re thinking: you’ve tried a print newsletter for 4-6 months and it didn’t
work. No big surprise. No form of marketing will be effective without one ingredient:
CONSISTENCY. A print newsletter must be mailed monthly for at least 18-24 months
before you will build momentum and begin seeing results.

We have been mailing a monthly print newsletter (Lawyer Alert) since 2011. Our 4-
page print newsletter contains:

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  A feature two-page article about marketing and management for lawyers,

 Case results (“From John’s Casebook”),

 Promotional articles about our speaking engagements, webinars and mastermind

for lawyers (MastermindExperience.com), and

 Fun photos of my wife, our 3 kids, our miniature Australian labradoodle pooch,
Patch McAdams, Esq. (“The Adventures of the Doodle Dog”), and their nutty dad.

If I could only have one marketing tool, it would be a monthly print newsletter. Our
newsletter team consists of a graphic designer (Julee Hutchison of Hutchison Frye in
Colorado) and a printing and fulfillment specialist (Help Without Hassle in Kansas) and
the turnaround time from the submission of the copy to the mailing of the newsletter is
usually 3-5 days. The cost? $1.53 per newsletter. Nothing is better for top of mind
awareness with your referral partners.

If you’d like to get our free newsletter, send an email to

jfisher@fishermalpracticelaw.com and we will be happy to add you to our mailing list.

Pillar #3: Speaking Your Way to New Cases

When you are a speaker at a seminar, you are a superstar. The organization has
anointed you as the expert and you can do no wrong with the audience. This is the
power of public speaking for lawyers.

How do you book your first speaking gig?

Step #1: Find a date that your county bar association has no events on their
schedule.

Step #2: Contact the executive director of the county bar association to pitch a
special one-of-a-kind speaking event and offer to pick up the expenses, including the
cost of CLE credits. More often than not, the executive director of the county bar
association will accept your offer and the county bar association will sponsor and
endorse your event among their members. You’ve got your first speaking gig!

Our speaking events include “The Jury Project”, during which we hold a focus group
and demonstrate the benefits of focus groups for trial preparation. We also hold a
speaking event, “The Secrets of Internet Marketing for Lawyers”, to provide lawyers with
tips for attracting clients with their website and digital advertising. We give away all of
our secrets and hold nothing back.

Step #3: Following the speech, you should hold a book signing session for your
fans, and with their permission, add lawyers to the mailing list for your monthly print
newsletter. Your tribe is growing. You will gain notoriety and with some time and

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patience, national and statewide lawyer organizations will pay your expenses and a
stipend when you speak.

Don’t stop there. Cultivate a relationship with the executive director of your county bar
association and make sure they know that you’re willing to speak whenever they need a
speaker.

Pillar #4: 3 Simple Ways to Build a Tribe of Referral Partners

Marketing is nothing more than relationship building. How do you develop relationships
with lawyer referral partners? Build a tribe. A tribe is a group of lawyers who will do
anything for each other (including cross referrals of new cases).

Trial Lawyers Workshop: Join a local trial lawyers organization and get involved and
sponsor their workshops. I’ve been a member of a local Trial Lawyers College (“TLC”)
group for 10 years and once a month, the members meet to discuss our cases, practice
trial skills and cross refer cases. There is nothing better for lawyer referrals.

If there is no TLC workshop in your town, create your own. Tell other trial lawyers that
you want to help brainstorm and collaborate about their cases and practice trial skills.
Meet once a month for 3 hours. Do this religiously and within 12 months, you’ll have a
tribe of referral partners.

Mastermind: Create or join a mastermind of elite lawyers. A mastermind is a meeting

of lawyers who are willing to collaborate, share best practices and help each other grow
their practice. If there’s one thing I’ve learned, it’s that I can’t do this alone. I need help,
and so do you.

Joining a mastermind will be the best thing you’ve ever done for you career. Create
your own mastermind or apply to join the Mastermind Experience at
MastermindExperience.com.

Maximum Lawyer: Don’t have the time or money to join a mastermind? Join the
movement known as the “Maximum Lawyer” for brainstorming and sharing that will give
you invaluable resources, advice and friendship. The annual conference, MaxLawCon
’20 on June 6-7, 2020, is the best lawyer seminar in the country. Go to
MaximumLawyer.com to join the tribe.

Pillar #5: 3 Tips for Building Relationships with Random Acts of

Kindness
Tip #1: Daily Updates to Your Referral Partners: What is the highest and best
use of your time? I send at least one update on the status of a referred case to one of
our referral partners every day. Every update sets forth the work that we’ve done, our
analysis and our plan for the referred case.

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What we’re really doing with the daily updates is building rapport with our referral
partners and virtually guaranteeing that we get their next referral. There is no such thing
as over-communicating with your referral partners.

Tip #2: Lunch Dates with Referral Partners: There is nothing better than a
weekly lunch date with a referral partner to build rapport. We schedule a lunch date
with a prospective or current referral partner, ideally once a week. Don’t talk about work;
talk about your referral partners’ family, interests and sports. This will create a bond with
your referral partners that nothing else can beat.

Hire a marketing director or virtual assistant, whose only job will be to schedule lunch
dates with your referral partners.

Tip #3: Party with Your Referral Partners: Quarterly, or at least once a year,
hold a happy hour or a party for your referral partners. Get to know your referral
partners on a social basis and let them know that you care. A “lunch and learn” is a
great way to provide value to your referral partners and build new referral relationships.

When I publish a new book, we hold a book launch party on a yacht (fancy word for a
70-foot boat) and invite all of our current and prospective referral partners and clients.
We invite a blues musician to perform and have light food and cocktails. Try this just
once and you’ll be in awe by the good will and friendship. Nothing beats a party with
your referral partners.

Take Small, Incremental Steps and Watch Magic Happen

Building a system for lawyer referrals is not easy. This takes time, patience and most
important, consistency. With a consistent effort and incremental improvement in your
marketing systems, you will begin to see results within 6 months and in 2 years, your
law practice will never be the same.

Don’t believe me? You’re not alone. It seems the leading marketers don’t believe in
lawyer-to-lawyer referral based marketing either. Do me a favor, don’t tell the marketing
experts--this will be our little secret.

Do you need help implementing these tactics? I’m a phone call away (cell: 518-265-
9131; jfisher@fishermalpracticelaw.com) and if you’d like to meet for lunch, it will be my
treat. And I will be happy to send you a signed copy of my book, The Power of a
System, and a digital copy of my new book, The Law Firm of Your Dreams.

Whatever you do, don’t do this alone. We all need help (including yours truly). And
you’ve got friends waiting for your call.

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Page 268 of 403
HIRING ENTREPRENURAL
ASSOCIATES
HAILEY RICE
Page 269 of 403
CONNECTICUT TRIAL FIRM, LLC
Hello!
HAILEY RICE
Connecticut Trial Firm, LLC

You can find me at @HGRatLaw

hailey@cttrialfirm.com

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Principles
For attracting and retaining entrepreneurial associates

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THERE IS ENOUGH
Adapt an abundance mindset to attract
and retain.
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A TALE OF TWO MINDSETS

ABUNDANCE MINDSET SCARCITY MINDSET

There will always be more There is never enough
Takes Risks Avoids Risks
Sees Opportunity Sees Threats
Shares Insights Hoards Knowledge
Strives to Grow Fears Being Replaced
Everyone Can Win There’s Only So Much Room at the Top

“When you realize there is nothing lacking, the whole world belongs to you.” – Lao Tzu

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HIRING = MARKETING
Your hiring plan is part of your marketing
plan. Align your objectives.
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LEADERS BRING THE WEATHER
Your influence sets the tone for every
aspect of the relationship.
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Page 276 of 403
WHAT GETS INCENTIVZED GETS DONE
Make the most important things the
most lucrative.
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 “
“If a person doesn’t know to which port they
sail, no wind is favorable.”
– Seneca.

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HAVE THE HARD CONVERSATION
Direct and honest dialogue builds
mutual trust.
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GET OUT OF THE WAY
To foster creativity, you must surrender
some control.
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 Let’s Review the Principles

People are Brand Reward to Inspire Be Honest

Who you hire should say something If you reward it, it will come. Practice radical candor.
about who you want to be.

Don’t be a Hater Abundance First Be Flexible

Respect the hustle. The credit belongs There is room at the table. there is Foster creativity by creating a fail-safe
to the man in the arena. enough to go around. environment

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Thanks!
Any questions?
You can find me at:
@hgratlaw
hailey@cttrialfirm.com

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A System for Building Systems
Jay Ruane
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Page 284 of 403
Page 285 of 403
Page 286 of 403
Page 287 of 403
3 Parts to Any System
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Page 289 of 403
What is it?
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What is the process?
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 Things you can include
Images & Documents
Youtube walk through screen grabs
Sample motions or Form letters
login information as needed
Whatever you have in your head that needs OUT!

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Why we do it this way!
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Page 294 of 403
How To Get Buy In
Involve them in Process
Gamification/Rewards
Ask The Question Daily!
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Systems SaaS Providers
Your Own Wiki
Tettra
Trainual
Process Street
Kipwise
Slab

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 “Losers have goals,
Winners have systems”
–Scott Adams
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Thank You!
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E is for Ethics

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Mark Dubois

GeraghtyBonnano.com
www.facebook.com/gandblaw/
www.linkedin.com/in/mark-dubois-
39708533/

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Meeting/Finding Clients on Their
Own Turf

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 ISSUES DU JOUR

Basic Issues with Internet (or any) advertising

Ethics Issues
Regulatory Issues
General Advice/Risk Avoidance

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BASIC ADVERTISING PRINCIPLES

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It might have been
Augustine of Hippo – the
origins are admittedly
murky – in his Confessions
who first posed the
question:

“If an article, or
presentation, or web
page, or educational
tool falls on the internet
and there’s no one
there to read it, does it
make a noise?”

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Social Media Platforms

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Facebook
and other
sites-
adopt or
lose.

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 Ethics

Everything we do, regardless of platform or

purpose, has to be in accordance with
ethics rules and requirements.
Rules 7.1-7.5
Conflicts
Confidentiality vs. Privilege
Claims of Specialization
Firm Names

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1/1/2020 RPC and PB Changes

Rules 7.4 and 7.5 rolled into Rule 7.1

Amendment to Rule 7.1 concerning truthful statements
Added requirement that you disclaim past successes as
being indicative of future results
Rule 7.2 amended re: lawyer and non-lawyer reciprocal
referrals
Rule 7.2 amended to allow payment for leads
Rule 7.3 amended to clarify “solicitation”
Changes to P.B. 2-28A

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Rule 7.1-Honesty

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 Duty of Honesty
Non-delegable and Non-avoidable
Social Media And Investigative “Pretexting” By A Subordinate

“…[I]t does not matter whether the lawyer employs an agent, such
as an investigator, to engage in the ruse. As provided by Rule
8.4(a), [a] lawyer or law firm shall not . . . Violate or attempt to
violate the Rules of Professional Conduct, knowingly assist or
induce another to do, or do so through the acts of another.
…Consequently, absent some exception to the Rules, a lawyer’s
investigator or other agent also may not use deception to obtain
information from the user of a social networking website. See id.
Rule 5.3(b)(1).
New York City Bar Association Formal Opinion 2010‐2

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Permissible claims/information:
Description of experience if objectively verifiable.
Description of specialization only if certified.
Description of past cases only with caveat that past
results don’t predict future success.
Tags such as Super Lawyer only with link to source.
Impermissible claims/information:
Superlatives
False Comparisons
False or misleading claims.

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 Confidentiality: Rule 1.6

Client‐Lawyer Relationship
Rule 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information relating to
representation of a client unless the client gives informed
consent, the disclosure is impliedly authorized in order to
carry out the representation, or the disclosure is permitted
by subsection (b), (c ), or (d).

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RPC 1.6 (“Confidentiality of Information”)
Prohibits revealing any “information relating to the
representation of a client”

The duty extends “not only to matters communicated

in confidence by the client but also to all information
relating to the representation whatever its source.”

Rule 1.6 Comment

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 Confidentiality

Confidentiality duties do not require attorneys to “develop a

mastery of the security features and deficiencies of each
technology available” but they do “require a basic
understanding of the electronics protections afforded.”

Calif. State Bar Formal Opinion No. 2010‐179

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 Inadvertent Creation of
Attorney‐Client Relationship
There is probably no more constant area of problem,
both in the field of lawyers’ ethics and in malpractice, than
determining if and when an attorney‐client relationship has
been formed. An attorney‐client relationship is formed
when a client asks a lawyer for legal services and the lawyer
either agrees or does not disagree that services will be
performed. No formal writing is needed nor is the payment
of consideration a requisite to the formation of such a
relationship. The existence of the relationship is judged by
the client’s reasonable expectations and understandings.
Dubois and Sullivan, Connecticut Legal Ethics and Malpractice, § 1‐1, 4th Ed., Spring 2020

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 Conflicts
Communicating via blogs, social networking and interactive
legal sites can create attorney-client relationships and/or void
privilege.
Communicating with an individual whose interests (or the
interests of his or her company’s) are adverse to the lawyer-
participant can result in discipline or disqualification.
Does the lawyer participant or advertiser announce an opinion
on a legal issue that is contrary to that of her client-employer?
“A concurrent conflict of interest exists if . . . there is a
significant risk that the representation of … [the client] will be
materially limited by . . . a personal interest of the lawyer”
RPC 1.7(a)(2) (“Conflict of Interest: Current Clients”)

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Claims of Specialization

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 Firm Names

Permitted:
Action Advocacy
Law Barn
No Stone Unturned Law Firm
Lady DUI
The Employment Law Office
The 15% Lawyer
Not Permitted:
Keppler Law Firm
The Firm for Results for the Hispanic Community

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REGULATORY ISSUES

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 USEFUL LINKS


 Statewide Grievance Advertising Info:

 https://jud.ct.gov/sgc/faq_atty_adv.htm
 Statewide Grievance Advisory Advertising Opinion Request
 https://jud.ct.gov/sgc/faq_advisory_ops.htm
 Statewide Grievance Advertising Opinions
 https://jud.ct.gov/sgc/Adv_opinions/default.htm

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 P.B. Section 2-28A(b)

 Mandatory filing rules regarding attorney advertisements do not

apply to the contents of an attorney’s website(s).
 Domain names are filed quarterly via E-Services under “Attorney
Advertising”.
 ”Attorneys need not provide the domain names for the websites
that are not used primarily to advertise legal services, this includes
social media used for personal purposes.”

For more information see Section 2-28A(b) and the Statewide

Grievance Committee’s Attorney Advertisitng FAQ’s:
https://www.jud.ct.gov/sgc/faq_atty_adv.htm

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 Rule 7.2(b) Record Keeping

“An electronic communication

regarding the lawyer’s services shall be
copied once every three months on a
compact disc or similar technology
and kept for three years after its last
dissemination.”

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Unauthorized Practice of Law (UPL)

RPC 5.5 (“Unauthorized Practice of Law”)

The rule does “not authorize communications advertising legal services

to prospective clients in [one] jurisdiction by lawyers who are admitted
to practice [only] in other jurisdictions.”

Model RPC 5.5 Comment [21]

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GENERAL ADVICE/RISK
AVOIDANCE

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 Beware of the
Keyboard-to-Brain Disconnect
The risks of the hastily written message or post:
 The use of impulsive, intemperate, disparaging or sarcastic
language.
 “Puffing” professional abilities or accomplishments thereby
subjecting the writer to a higher standard of care.
 The unsupported accusation of wrongdoing or criminality.
 The growing litigating trend: the unguarded confession (“we just
committed malpractice!”) produced in discovery.

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 Warnings
 Review the privacy settings on all relevant social
networking sites and adjust those settings to restrict
exposure of your networking activity to the
appropriate audience.
 Understand the difference between purely social
activity, professional networking activity and
professional advertising efforts, and do not mix the
two.
 Never communicate with clients about their legal
matters on any networking site.
 Don’t include confidential client information in any
networking post. Avoid using “hypotheticals” that
describe actual client situations in which the client’s
identify is likely to be inferred.
 Don’t pay others to “recommend” customers (RPC
7.2(c)) or to share fees with non-lawyers (RPC 5.4(a)).

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 The Five Commandments

 Thou shall not disclose or use, or allow the

disclosure or use of, “information relating
to” clients and potential clients. RPC 1.6,
1.18(b)
 Thou shall not “make a false or misleading
communications” about thyself or they
“services.” RPC 7.1
 Thou shall ensure no conflicts of interest.
RPC 1.7, 1.8 and 1.9
 Thou shall not imply authorization to
practice in states in which thou doesn’t
holdeth a license.
 Thou shall give advice only on topics for
which thou is “competent.” RPC 1.1

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DARWIN IS NOT DEAD

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Demoted Over Blog Comments

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DA Resigns over Text Messages

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Risks of Social Media

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Page 332 of 403
Thank You
Questions?

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Excerpt (without footnotes) from Dubois and Sullivan, CONNECTICUT LEGAL
ETHICS AND MALPRACTICE©, 4TH ED. (Full Court Press) due to be published Q2,
2020. Used with permission of the author.

5-8:1 General Advertising Rules

Lawyers may communicate information regarding the lawyer’s services through any
media. The only content restriction on lawyer advertising is that it may not be false or
misleading. The Grievance Committee maintains a publically accessible collection of
advisory opinions on lawyer advertising. The Committee prohibits use of superlatives
unless they can be factually verified. Advertising that contains reference to selection by
rating groups such as Super Lawyers and Martindale- Hubbell must also contain
information on the rating or selection process.

All Advertising solicitations must contain the name and contact information of at
least one Connecticut-admitted lawyer responsible for the content of the ad.
Contact information is defined by commentary to the rule as including a website
address, telephone number, an e-mail address or a physical office location. If the
advertising solicitation is in the form of a writing or an audio or video recording
directed to a prospective client known to be in need of legal services, it must
contain a clear and prominent label in red ink that says “Advertising Material” on the
first page and on the lower left corner of any envelope and at the beginning and the
end of any solicitation by audio or video recording or other electronic means. If the
advertising is in the form of a brochure or pamphlet, the words “Advertising Material”
must appear in red on the address panel. “Being in need of legal services in a
particular matter” requires knowledge that the recipient is actually involved in a legal
proceeding.

If a lawyer’s advertising contains information on the fee to be charged, whether or

not the fee is contingent on the outcome, the ad must contain, in type of the same
size and style as the information regarding the fee as to whether and to what extent
the client will be responsible for costs. Any lawyer who uses advertising that
contains a specific range of fees for a specific service must honor the advertised fee
or range for at least 90 days. If the reference to a fee or a range of fees is in a
phone book or other advertising hat is published annually, the fees must be honored
for no less than one year following publication.

Lawyer advertising is regulated in Connecticut under both the Unfair Trade

Practices Act and the Rules of Professional Conduct. Rule 7.2, Commentary,
“Communications about Fields of Practice” allows a lawyer to communicate that she
does or does not practice in a particular field of law. The rule specifically allows
lawyers admitted to the patent bar to use the designation “patent attorney” and a
lawyer engaged in admiralty to use terms which describe this area of concentration.
The rule prohibits a lawyer from stating or implying a specialty in any other area
unless she has been certified in a specialization by a board or body that has been
recognized by the superior court under procedures established by Rule 7.4A or by

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an organization accredited by the American Bar Association and the lawyer has
been certified by an approved entity. At present the Legal Specialization Screening
Committee established by Rule 7.4B has only recognized approved specialist
certifications in the areas of civil and criminal litigation, workers compensation,
consumer and business bankruptcy, elder law and child welfare law. In 2013, the
Rules Committee rejected proposals to add Social Security law or pretrial advocacy.
The Committee has received proposals to add family law, elder law and real estate,
but these proposals have not received final approval as of publication of this book.

The 2019 amendments added section 7.2(d)(1) that a lawyer may advertise a
certification or specialist designation received from any organization approved by
the American Bar Association. It is unknown whether there are any such
organizations who are not also already approved by the superior court Rules
committee under Practice Book 7-4A. Questions about permitted claims of
specialization should be directed to the Statewide Bar Counsel which manages and
enforces the advertising registration and audit program. Practice Book 2-28B
contains a provision allowing an advertiser to request an advisory opinion as to a
question about the propriety of an advertising claim or language.

The commentary to Rule 7.1 allows lawyers to indicate that she “concentrates in,”
“focuses on” or that his practice is “limited to” particular fields as long as the
statements are not false or misleading. The commentary goes on to note that a
lawyer is prohibited from using terms such as “specialist,” “certified,” “board
certified,” “expert” or any variation unless the lawyer has been certified in
accordance with the Rule 7.4A procedures. Reference to an AV rating in
Martindale-Hubbell with an explanation of what the term means is permissible.

5-8:2 Pre-Filing of Advertisements

Advertising must be filed with the Grievance Committee prior to or concurrently with
the first dissemination of the advertising. Certain advertising, such as telephone
directory listings, law lists, and communications sent to existing or former clients are
exempted from the filing requirement. Videos, such as on YouTube, may be
registered as ads by registering the URL for the video quarterly. A copy of all ads
must be made quarterly and kept for three years after its last dissemination.

Records of all advertising, including the contents and information about where and
when it was used must be kept for three years after the last dissemination of the
material. Lawyer advertising is subject to random auditing by the Grievance
Committee. The Grievance Committee will issue an advisory opinion on a proposed
lawyer ad.

5-8:3 Advisory Opinion on Advertising

Practice Book 2-28B establishes a process whereby attorneys wishing to have

proposed advertisements reviewed for rule compliance may submit them to the

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Grievance Committee. The Committee maintains a web presence where one can
review opinions it has issues in such cases. While it is sometimes difficult to
determine just what was approved because the opinion does not contain a copy of
the proposed ad, reference to these opinions can give a practitioner some sense of
what is allowed in certain situations.

5-8:4 Approved and Rejected Advertising Decisions

Past opinions have approved a listing of general areas of practice such as personal
injury, dog bites, auto accidents and such without any claim of expertise or
specialization. But an ad which referred to areas of “particular emphasis,” “focused”
practice and claimed that an attorney was “uniquely qualified” was not. The use of a
claim that a firm was the largest law firm in eastern Connecticut was acceptable,
though the Committee noted that it did not conduct a survey and was taking the
applicant’s word for this. However, the Committee found a claim that a firm was “the
Firm for results in legal matters for the Hispanic Community” to be misleading and
without factual support. The “moniker” “LadyDUI” and the term “DUI defense” were
found to be an acceptable adoption of a trade name and identification of an area of
practice, not improperly implying a specialization where one did not exist.

An ad which appeared to compare the firm’s lawyers to “today’s lawyer” and implied
that the firm’s professionals possessed more expertise in certain areas than did the
unidentified “today’s lawyer” was disapproved. A trade name “The Employment Law
Office of [Name]” was found to be acceptable as was “15% Lawyer.” An
advertisement touting “superb results” and claiming the “highest degree of skill” was
found to lack reasonable factual support and was disapproved. Statements such as
“the highest level of service” and “superior representation” are insupportable opinion
and not approved. An advertisement describing the firm’s attorneys as “caring,
seasoned and steadfast” was approved. The use of “Super Lawyer” has been
examined an approved with certain restrictions as to specialty designation and
requiring information related to the selection process. The Committee has also
recognized that language which might be misleading in an advertisement directed
to the public may be acceptable in one directed only to other attorneys.

Testimonials are allowed as long as factually true. A claim that a prepaid legal
services plan “revolutionizes” both legal and car insurance was deemed misleading.
But at least in in one opinion the Grievance Committee noted that it must “ascribe
some level of reasonableness to potential clients who would understand that a
statement was “in the nature of advertising” and not be taken literally.

An advertising tag-line that provides “we put you first if you become a car accident
victim” complies with advertising rules. An “on-hold” message does not have to be
pre-filed as advertising. An “on-hold” message must contain the full name of a
responsible lawyer. The requirement that the advertising contain the name of a
responsible lawyer is not met by use of a firm name. Tag-lines, a/k/a/ “advertising
phrases” are allowed if the contents comply with advertising rules. Testimonials are

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permitted if from actual clients, though the clients’ identities do not have to be
revealed. Use of the designation Super Lawyer is approved. Use of the adjective
“experienced” to describe an attorney is permitted if factually true. A lawyer may
not advertise expertise in DUI law as there is no recognized specialty for that
practice area.

The Grievance Committee will not address possible constitutional challenges to the
advertising rules in a request for an advisory opinion. The name of a responsible
lawyer must appear for the duration of a commercial. An advertising tag-line “we
win” impermissibly suggests a guarantee of a result. .

The common theme running through all of the advertising decisions is that the
Committee views advertising from the perspective of whether it is false or
misleading or might be misunderstood or misinterpreted by the average consumer.
This approach is not dissimilar to that found in unfair trade practice regulation which
prohibits “unfair methods of competition and unfair or deceptive acts or practices in
the conduct of any trade or commerce.”

Granted, all advertising is self-laudatory, and an ad that is too bland and contains
no attempt at differentiating the advertiser from any other practitioner may not be
worth the effort. Yet lawyer advertising remains a regulated form of commercial
speech and Connecticut is one of the states with a robust and aggressive
advertising regulatory regime. Thus, caution and conservatism are the best
approach.

5-9 PAID REFERRALS OR RECOMMENDATIONS

Lawyers may not give anything of value to another for recommending the lawyer’s
services. Paying for, or receiving payment for recommending the services of a
lawyer is a felony. Notwithstanding these prohibitions, a lawyer may pay the
reasonable costs of cooperative advertising, charges related to a not-for-profit or
qualified lawyer referral service, or related to paying for the purchase of a law firm.
A lawyer may share the costs of cooperative advertising with non-lawyers. A lawyer
may participate in a prepaid legal services program, even though the advertising is
paid for by another. A lawyer may advertise jointly with non-lawyers as long as it is
clear that the professional are not legally associated and the ad contains language
sufficient to prevent confusion.

A lawyer may participate in an Internet-based “matching” program wherein the

lawyer pays a fee to be matched with or have his name provided to consumers who
seek legal representation in a particular field.

A lawyer may pay a lead generator, including internet-based lead services, as long
as the lead generator does not recommend the lawyer, any payment to the lead
generator is consistent with Rules 1.5(e) (fee splitting) and 5.4 (professional
independence of the lawyer), and the lead generator does not state, imply or create

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a reasonable impression that it is recommending the lawyer, is making the referral
without payment from the lawyer, or has analyzed the person’s legal problems
when determining which lawyer should get the referral.

The seminal Connecticut case involving lawyer matching services was Zelotes v.
Rousseau. In Zelotes, a lawyer filed grievances against five Connecticut lawyers
and against lawyers in 47 other states related to their participation in a legal
matching and referral program called Total Attorneys or Total Bankruptcy. After a
contentious hearing, the Grievance Committee dismissed the case, holding that
though the matter was a close one and might have had a different result “on slightly
different facts”, because the program was essentially cooperative advertising and
not lead-selling, there was no violation of Rule 7.2(c). After the Connecticut
decision, all of the complaints in other states were similarly disposed of.

The 2019 changes to Rule 7.2 have clarified that lead selling and buying is
permitted as long as it is in compliance with the rules. Recommending a lawyer for
profit is still a felony in Connecticut under Statute 51-87. Thus, operators of such
sites and those doing business with them must be very careful to conform their
product and processes to the law.

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 RULES OF PROFESSIONAL CONDUCT

Rule 7.1. Communications Concerning a Lawyer’s Services

Effective: January 1, 2020
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s
services. A communication is false or misleading if it contains a material misrepresentation of fact
or law, or omits a fact necessary to make the statement considered as a whole not materially
misleading.

[Amended June 26, 2006, effective January 1, 2007. Commentary amended June 13, 2014,
effective January 1, 2015; July 16, 2019, effective January 1, 2020.]

Editors’ Notes
OFFICIAL COMMENTARY

This Rule governs all communications about a lawyer’s services, including advertising. Whatever
means are used to make known a lawyer’s services, statements about them must be truthful.
Misleading truthful statements are prohibited by this Rule. A truthful statement is misleading if it
omits a fact necessary to make the lawyer’s communication considered as a whole not materially
misleading. A truthful statement is misleading if a substantial likelihood exists that it will lead a
reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for
which there is no reasonable factual foundation. A truthful statement also is misleading if presented
in a way that leads a reasonable person to believe the lawyer’s communication requires that person
to take further action when, in fact, no action is required.

A communication that truthfully reports a lawyer’s achievements on behalf of clients or former

clients may be misleading if presented without a disclaimer indicating that the communicated
result is based upon the particular facts of that case so as to lead a reasonable person to form an
unjustified expectation that the same results could be obtained for other clients in similar matters
without reference to the specific factual and legal circumstances of each client’s case. Similarly,
an unsubstantiated claim about a lawyer’s or law firm’s services or fees, or an unsubstantiated
comparison of the lawyer’s services or fees with those of other lawyers or law firms may be
misleading if presented with such specificity as would lead a reasonable person to conclude that
the comparison or claim can be substantiated. The inclusion of an appropriate disclaimer or
qualifying language may preclude a finding that a statement is likely to create unjustified
expectations or otherwise mislead the public.

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit
or misrepresentation. Rule 8.4 (3). See also Rule 8.4 (5) for the prohibition against stating or
implying an ability to improperly influence a government agency or official or to achieve results
by means that violate the Rules of Professional Conduct or other law.

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Firm names, letterhead and professional designations are communications concerning a lawyer’s
services. A firm may be designated by the names of all or some of its current members, by the
names of deceased or retired members where there has been a succession in the firm’s identity or
by a trade name if it is not false or misleading. A lawyer or law firm also may be designated by a
distinctive website address, social media username or comparable professional designation that is
not misleading. A law firm name or designation is misleading if it implies a connection with a
government agency, with a deceased lawyer who was not a former member of the firm, with a
lawyer not associated with the firm or a predecessor firm, with a nonlawyer or with a public or
charitable legal services organization. If a firm uses a trade name that includes a geographical
name such as “Springfield Legal Clinic,” an express statement explaining that it is not a public
legal aid organization may be required to avoid a misleading implication.

Letterhead identification of the lawyers in the office of the firm shall indicate the jurisdictional
limitations on those not licensed to practice in the jurisdiction where the office is located.

A law firm with offices in more than one jurisdiction may use the same name or other professional
designation in each jurisdiction.

Lawyers may not imply or hold themselves out as practicing together in one firm when they are
not a firm, as defined in Rule 1.0 (d), because to do so would be false and misleading.

It is misleading to use the name of a lawyer holding a public office in the name of a law firm, or
in communications on the law firm’s behalf, during any substantial period in which the lawyer is
not actively and regularly practicing with the firm.

Rule 7.2. Communications Concerning a Lawyer’s Services: Specific Rules

Effective: January 1, 2020

(a) A lawyer may communicate information regarding the lawyer’s services through any media.

(b)(1) A copy or recording of a communication regarding the lawyer’s services shall be kept for
three years after its last dissemination along with a record of when and where it was used. An
electronic communication regarding the lawyer’s services shall be copied once every three months
on a compact disc or similar technology and kept for three years after its last dissemination.

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(2) A lawyer shall comply with the mandatory filing requirement of Practice Book Section 2-28A.

(c) A lawyer shall not compensate, give or promise anything of value to a person for
recommending the lawyer’s services, except that a lawyer may:

(1) pay the reasonable cost of advertisements or communications permitted by this Rule;

(2) pay the usual charges of a not-for-profit or qualified lawyer referral service;

(3) pay for a law practice in accordance with Rule 1.17;

(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not
otherwise prohibited under these Rules that provides for the other person to refer clients or
customers to the lawyer, if:

(A) the reciprocal referral agreement is not exclusive; and

(B) the client is informed of the existence and nature of the agreement; and

(5) give a nominal gift as an expression of appreciation, provided that such a gift is neither intended
nor reasonably expected to be a form of compensation for recommending a lawyer’s services, and
such gifts are limited to no more than two per year to any recipient.

(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of
law, unless:

(1) the lawyer is currently certified as a specialist in that field of law by a board or other entity
which is approved by the Rules Committee of the Superior Court of this state or by an organization
accredited by the American Bar Association; and

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(2) the name of the certifying organization is clearly identified in the communication.

(e) Any communication made under this Rule must include the name and contact information of
at least one lawyer admitted in Connecticut responsible for its content. In the case of television
advertisements, the name, address and telephone number of the lawyer admitted in Connecticut
shall be displayed in bold print for fifteen seconds or the duration of the commercial, whichever is
less, and shall be prominent enough to be readable.

(f) Every communication that contains information about the lawyer’s fee, including those
indicating that the charging of a fee is contingent on outcome, or that no fee will be charged in the
absence of a recovery, or that the fee will be a percentage of the recovery, shall disclose whether
and to what extent the client will be responsible for any court costs and expenses of litigation. The
disclosure concerning court costs and expenses of litigation shall be in the same print size and type
as the information regarding the lawyer’s fee and, if broadcast, shall appear for the same duration
as the information regarding the lawyer’s fee. If the information regarding the fee is spoken, the
disclosure concerning court costs and expenses of litigation shall also be spoken.

(g) A lawyer who communicates a specific fee or range of fees for a particular service shall honor
the fee or range of fees described in the communication for at least ninety days unless the
communication specifies a shorter period; provided that, for communications in the yellow pages
of telephone directories or other media not published more frequently than annually, the fee or
range of fees described in the communication shall be honored for no less than one year following
publication.

(h) A lawyer and service may participate in an internet based client to lawyer matching service,
provided the service otherwise complies with the Rules of Professional Conduct. If the service
provides an exclusive referral to a lawyer or law firm for a particular practice area in a particular
geographical region, then the service must comply with subsection (e).

OFFICIAL COMMENTARY

This Rule permits public dissemination of information concerning a lawyer or law firm’s name,
address, e-mail address, website, and telephone number; the kinds of services the lawyer will
undertake; the basis on which the lawyer’s fees are determined, including prices for specific
services and payment and credit arrangements; whether and to what extent the client will be
responsible for any court costs and expenses of litigation; lawyer’s foreign language ability; names
of references and, with their consent, names of clients regularly represented; and other information
that might invite the attention of those seeking legal assistance.

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Record of Communications. Subsection (b) requires that a record of the content and use of
advertising be kept in order to facilitate enforcement of this Rule. It does not require that
advertising be subject to review prior to dissemination. Such a requirement would be burdensome
and expensive relative to its possible benefits, and may be of doubtful constitutionality.

Paying Others To Recommend a Lawyer. Except as permitted under subsection (c)(1) through
(c)(5), lawyers are not permitted to pay others for recommending the lawyer’s services. A
communication contains a recommendation if it endorses or vouches for a lawyer’s credentials,
abilities, competence, character, or other professional qualities. Directory listings and group
advertisements that list lawyers by practice area, without more, do not constitute impermissible
“recommendations.”

Subsection (c)(1) allows a lawyer to pay for advertising and communications permitted by this
Rule, including the costs of print directory listings, on-line directory listings, newspaper
advertisements, television and radio airtime, domain name registrations, sponsorship fees,
advertisements, Internet-based advertisements, and group advertising. A lawyer may compensate
employees, agents and vendors who are engaged to provide marketing or client development
services, such as publicists, public relations personnel, business development staff, television and
radio employees or spokespersons, and website designers. See also Rule 5.3 (duties of lawyers and
law firms with respect to the conduct of nonlawyers); Rule 8.4 (a) (duty to avoid violating the
Rules through the acts of another).

Pursuant to subsection (c)(4), a lawyer also may agree to refer clients to another lawyer or a
nonlawyer professional, in return for the undertaking of that person to refer clients or customers
to the lawyer. Such reciprocal referral arrangements must not interfere with the lawyer’s
professional judgment as to making referrals or as to providing substantive legal services. See
Rules 2.1 and 5.4 (c). Except as provided in Rule 1.5 (e), a lawyer who receives referrals from a
lawyer or nonlawyer professional must not pay anything solely for the referral, but the lawyer does
not violate subsection (c) of this Rule by agreeing to refer clients to the other lawyer or nonlawyer
professional, so long as the reciprocal referral agreement is not exclusive and the client is informed
of the referral agreement. Conflicts of interest created by such arrangements are governed by Rule
1.7. Reciprocal referral agreements should not be of indefinite duration and should be reviewed
periodically to determine whether they comply with these Rules. This Rule does not restrict
referrals or divisions of revenues or net income among lawyers within firms comprised of multiple
entities.

Subsection (c)(5) permits lawyers to give nominal gifts as an expression of appreciation to a person
for recommending the lawyer’s services or referring a prospective client. The gift may not be more
than a token item as might be given for holidays, or other ordinary social hospitality. A gift is
prohibited if the value of the gift is more than $50, or otherwise indicates a sharing of either legal
fees or the ultimate recovery in the referred case, or if the gift is offered or given in consideration

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of any promise, agreement or understanding that such a gift would be forthcoming or that referrals
would be made or encouraged in the future.

A lawyer may pay others for generating client leads, such as Internet-based client leads, as long as
the lead generator does not recommend the lawyer, any payment to the lead generator is consistent
with Rules 1.5 (e) (division of fees) and 5.4 (professional independence of the lawyer), and the
lead generator’s communications are consistent with Rule 7.1 (communications concerning a
lawyer’s services). To comply with Rule 7.1, a lawyer must not pay a lead generator that states,
implies, or creates a reasonable impression that it is recommending the lawyer, is making the
referral without payment from the lawyer, or has analyzed a person’s legal problems when
determining which lawyer should receive the referral. See Paying Others To Recommend a Lawyer
above (definition of “recommendation”). See also Rule 5.3 (duties of lawyers and law firms with
respect to the conduct of nonlawyers); Rule 8.4 (a) (duty to avoid violating the Rules through the
acts of another).

A lawyer may pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer
referral service. A legal service plan is a prepaid or group legal service plan or a similar delivery
system that assists people who seek to secure legal representation. A lawyer referral service, on
the other hand, is any organization that holds itself out to the public as a lawyer referral service.
Such referral services are understood by the public to be consumer oriented organizations that
provide unbiased referrals to lawyers with appropriate experience in the subject matter of the
representation and afford other client protections, such as complaint procedures or malpractice
insurance requirements. Consequently, this Rule only permits a lawyer to pay the usual charges of
a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is one that
is approved by an appropriate regulatory authority as affording adequate protections for the public.
See, e.g., the American Bar Association’s Model Supreme Court Rules Governing Lawyer
Referral Services and Model Lawyer Referral and Information Service Quality Assurance Act.

A lawyer who accepts assignments or referrals from a legal service plan or referrals from a lawyer
referral service must act reasonably to assure that the activities of the plan or service are compatible
with the lawyer’s professional obligations. See Rule 5.3. Legal service plans and lawyer referral
services may communicate with the public, but such communication must be in conformity with
these Rules. Thus, advertising must not be false or misleading, as would be the case if the
communications of a group advertising program or a group legal services plan would mislead the
public to think that it was a lawyer referral service sponsored by a state agency or bar association.

Communications about Fields of Practice. Subsection (a) of this Rule permits a lawyer to
communicate that the lawyer does or does not practice in particular areas of law. A lawyer is
generally permitted to state that the lawyer “concentrates in,” “focuses on,” or that the practice is
“limited to” particular fields of practice, but such communications are subject to the “false and
misleading” standard applied in Rule 7.1 to communications concerning a lawyer’s services.

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The Patent and Trademark Office has a long established policy of designating lawyers practicing
before the Office. The designation of Admiralty practice also has a long historical tradition
associated with maritime commerce and the federal courts. A lawyer’s communications about
these practice areas are not prohibited by this Rule.

This Rule permits a lawyer to state that the lawyer is certified as a specialist in a field of law if
such lawyer is currently certified as a specialist in that field of law by a board or other entity which
is approved by the Rules Committee of the Superior Court of this state or by an organization
accredited by the American Bar Association. Certification signifies that an objective entity has
recognized an advanced degree of knowledge and experience in the specialty area greater than is
suggested by general licensure to practice law. Certifying organizations may be expected to apply
standards of experience, knowledge and proficiency to ensure that a lawyer’s recognition as a
specialist is meaningful and reliable. To ensure that consumers can obtain access to useful
information about an organization granting certification, the name of the certifying organization
must be included in any communication regarding the certification.

Required Contact Information. This Rule requires that any communication about a lawyer or
law firm’s services include the name of, and contact information for, the lawyer or law firm.
Contact information includes a website address, a telephone number, an e-mail address or a
physical office location.

Rule 7.3. Solicitation of Clients

Effective: January 1, 2020

(a) “Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law

firm that is directed to a specific person the lawyer knows or reasonably should know needs legal
services in a particular matter and that offers to provide, or reasonably can be understood as
offering to provide, legal services for that matter.

(b) A lawyer shall not solicit professional employment by live person-to-person contact when a
significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain unless the
contact is:

(1) With a lawyer or a person who has a family, close personal or prior business or professional
relationship with the lawyer;

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(2) Under the auspices of a public or charitable legal services organization;

(3) Under the auspices of a bona fide political, social, civic, fraternal, employee or trade
organization whose purposes include but are not limited to providing or recommending legal
services, if the legal services are related to the principal purposes of the organization;

(4) With a person who routinely uses for business purposes the type of legal services offered by
the lawyer or with a business organization, a not-for-profit organization or governmental body and
the lawyer seeks to provide services related to the organization.

(c) A lawyer shall not solicit professional employment even when not otherwise prohibited by
subsection (b) if:

(1) The lawyer knows or reasonably should know that the physical, emotional or mental state of
the person makes it unlikely that the person would exercise reasonable judgment in employing a
lawyer;

(2) The target of the solicitation has made known to the lawyer a desire not to be solicited by the
lawyer;

(3) The solicitation involves coercion, duress, fraud, overreaching, harassment, intimidation or
undue influence; or

(4) The solicitation concerns an action for personal injury or wrongful death or otherwise relates
to an accident or disaster involving the person to whom the solicitation is addressed or a relative
of that person, unless the accident or disaster occurred more than forty days prior to the mailing of
the solicitation, or the recipient is a person or entity within the scope of subsection (b) of this Rule.

(d) This Rule does not prohibit communications authorized by law or ordered by a court or other
tribunal.

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(e) Every written solicitation, as well as any solicitation by audio or video recording, or other
electronic means, used by a lawyer for the purpose of obtaining professional employment from
anyone known to be in need of legal services in a particular matter, must be clearly and prominently
labeled “Advertising Material” in red ink on the first page of any written solicitation and the lower
left corner of the outside envelope or container, if any, and at the beginning and ending of any
solicitation by audio or video recording or other electronic means. If the written solicitation is in
the form of a self-mailing brochure or pamphlet, the label “Advertising Material” in red ink shall
appear on the address panel of the brochure or pamphlet. Communications solicited by clients or
any other person, or if the recipient is a person or entity within the scope of subsection (b) of this
Rule, need not contain such marks. No reference shall be made in the solicitation to the solicitation
having any kind of approval from the Connecticut bar. Such written solicitations shall be sent only
by regular United States mail, not by registered mail or other forms of restricted delivery.

(f) Notwithstanding the prohibitions in this Rule, a lawyer may participate with a prepaid or group
legal service plan operated by an organization not owned or directed by the lawyer which uses live
person-to-person contact to enroll members or sell subscriptions for the plan from persons who are
not known to need legal services in a particular matter covered by the plan.

OFFICIAL COMMENTARY

Subsection (b) prohibits a lawyer from soliciting professional employment by live person-to-
person contact when a significant motive for the lawyer’s doing so is the lawyer’s or the law firm’s
pecuniary gain. A lawyer’s communication is not a solicitation if it is directed to the general public,
such as through a billboard, an Internet banner advertisement, a website or a television commercial,
or if it is in response to a request for information or is automatically generated in response to
electronic searches.

“Live person-to-person contact” means in-person, face-to-face, live telephone and other real-time
visual or auditory person-to-person communications where the person is subject to a direct
personal encounter without time for reflection. Such person-to-person contact does not include
chat rooms, text messages or other written communications that recipients may easily disregard.
A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known
to be in need of legal services. This form of contact subjects a person to the private importuning
of the trained advocate in a direct interpersonal encounter. The person, who may already feel
overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult
to fully evaluate all available alternatives with reasoned judgment and appropriate self-interest in
the face of the lawyer’s presence and insistence upon an immediate response. The situation is
fraught with the possibility of undue influence, intimidation, and overreaching.

The potential for overreaching inherent in live person-to-person contact justifies its prohibition,
since lawyers have alternative means of conveying necessary information. In particular,
communications can be mailed or transmitted by e-mail or other electronic means that do not

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violate other laws. These forms of communications make it possible for the public to be informed
about the need for legal services, and about the qualifications of available lawyers and law firms,
without subjecting the public to live person-to-person persuasion that may overwhelm a person’s
judgment.

The contents of live person-to-person contact can be disputed and may not be subject to a third-
party scrutiny. Consequently, they are much more likely to approach (and occasionally cross) the
dividing line between accurate representations and those that are false and misleading.

There is far less likelihood that a lawyer would engage in overreaching against a former client, or
a person with whom the lawyer has a close personal, family, business or professional relationship,
or in situations in which the lawyer is motivated by considerations other than the lawyer’s
pecuniary gain. Nor is there a serious potential for overreaching when the person contacted is a
lawyer or is known to routinely use the type of legal services involved for business purposes.
Examples include persons who routinely hire outside counsel to represent the entity; entrepreneurs
who regularly engage business, employment law or intellectual property lawyers; small business
proprietors who routinely hire lawyers for lease or contract issues; and other people who routinely
retain lawyers for business transactions or formations. Subsection (b) is not intended to prohibit a
lawyer from participating in constitutionally protected activities of public or charitable legal
service organizations or bona fide political, social, civic, fraternal, employee or trade organizations
whose purposes include providing or recommending legal services to their members or
beneficiaries.

A solicitation that contains false or misleading information within the meaning of Rule 7.1, that
involves coercion, duress or harassment within the meaning of Rule 7.3 (c)(3), or that involves
contact with someone who has made known to the lawyer a desire not to be solicited by the lawyer
within the meaning of Rule 7.3 (c)(2) is prohibited. Live person-to-person contact of individuals
who may be especially vulnerable to coercion or duress is ordinarily not appropriate, for example,
the elderly, those whose first language is not English, or the disabled.

This Rule does not prohibit a lawyer from contacting representatives of organizations or groups
that may be interested in establishing a group or prepaid legal plan for their members, insureds,
beneficiaries or other third parties for the purpose of informing such entities of the availability of
and details concerning the plan or arrangement which the lawyer or lawyer’s firm is willing to
offer. This form of communication is not directed to people who are seeking legal services for
themselves. Rather, it is usually addressed to an individual acting in a fiduciary capacity seeking
a supplier of legal services for others who may, if they choose, become prospective clients of the
lawyer. Under these circumstances, the activity which the lawyer undertakes in communicating
with such representatives and the type of information transmitted to the individual are functionally
similar to and serve the same purpose as advertising permitted under Rule 7.2.

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Communications authorized by law or ordered by a court or tribunal include a notice to potential
members of a class in class action litigation.

Subsection (f) of this Rule permits a lawyer to participate with an organization that uses personal
contact to solicit members for its group or prepaid legal service plan, provided that the personal
contact is not undertaken by any lawyer who would be a provider of legal services through the
plan. The organization must not be owned by or directed (whether as manager or otherwise) by
any lawyer or law firm that participates in the plan. For example, subsection (f) would not permit
a lawyer to create an organization controlled directly or indirectly by the lawyer and use the
organization for the in-person or telephone solicitation of legal employment of the lawyer through
memberships in the plan or otherwise. The communication permitted by these organizations also
must not be directed to a person known to need legal services in a particular matter, but is to be
designed to inform potential plan members generally of another means of affordable legal services.
Lawyers who participate in a legal service plan must reasonably ensure that the plan sponsors are
in compliance with Rules 7.1, 7.2 and 7.3(c).

Rule 7.4. Communication of Fields of Practice [Repealed effective January 1, 2020]

0
Rule 7.4A. Certification as Specialist
Effective: January 1, 2020

(a) A lawyer shall not state or imply that he or she is a specialist in a field of law unless the lawyer
is currently certified as a specialist in that field of law by a board or other entity which is approved
by the Rules Committee of the Superior Court of this state or by an organization accredited by the
American Bar Association. Among the criteria to be considered by the Rules Committee in
determining upon application whether to approve a board or entity as an agency which may certify
lawyers practicing in this state as being specialists, shall be the requirement that the board or entity
certify specialists on the basis of published standards and procedures which (1) do not discriminate
against any lawyer properly qualified for such certification, (2) provide a reasonable basis for the
representation that lawyers so certified possess special competence, and (3) require
redetermination of the special qualifications of certified specialists after a period of not more than
five years.

(b) Upon certifying a lawyer practicing in this state as being a specialist, the board or entity that
certified the lawyer shall notify the Statewide Grievance Committee of the name and juris number
of the lawyer, the specialty field in which the lawyer was certified, the date of such certification
and the date such certification expires.

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(c) A lawyer shall not state that he or she is a certified specialist if the lawyer’s certification has
terminated, or if the statement is otherwise contrary to the terms of such certification.

(d) Certification as a specialist may not be attributed to a law firm.

(e) Lawyers may be certified as specialists in the following fields of law:

(1) Administrative Law. The practice of law dealing with states, their political subdivisions,
regional and metropolitan authorities and other public entities including, but not limited to, their
rights and duties, financing, public housing and urban development, the rights of public employees,
election law, school law, sovereign immunity, and constitutional law; practice before federal and
state courts and governmental agencies.

(2) Admiralty. The practice of law dealing with all matters arising under the Carriage of Goods by
Sea Act (COGSA), Harter Act, Jones Act, and federal and state maritime law including, but not
limited to, the carriage of goods, collision and other maritime torts, general average, salvage,
limitation of liability, ship financing, ship subsidies, the rights of injured sailors and longshoremen;
practice before federal and state courts and governmental agencies (including the Federal Maritime
Commission).

(3) Antitrust. The practice of law dealing with all matters arising under the Sherman Act, Clayton
Act, Federal Trade Commission Act, Hart-Scott-Rodino Antitrust Improvements Act and state
antitrust statutes including, but not limited to, restraints of trade, unfair competition,
monopolization, price discrimination, restrictive practices; practice before federal and state courts
and governmental agencies.

(4) Appellate Practice. The practice of law dealing with all procedural and substantive aspects of
civil and criminal matters before federal and state appeals courts including, but not limited to,
arguments and the submission of briefs.

(5) Business Bankruptcy. The practice of law dealing with all aspects of the United States
Bankruptcy Code when the debtor was engaged in business before the institution of a Chapter 7,
9, or 11 proceeding. This includes, but is not limited to, business liquidations, business
reorganizations, and related adversary and contested proceedings.

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(6) Child Welfare Law. The practice of law representing children, parents or the government in all
child protection proceedings including emergency, temporary custody, adjudication, disposition,
foster care, permanency planning, termination, guardianship, and adoption. Child welfare law does
not include representation in private child custody and adoption disputes where the state is not a
party.

(7) Consumer Bankruptcy. The practice of law dealing with all aspects of the United States
Bankruptcy Code when the debtor was not engaged in business before the institution of a Chapter
7, 12, or 13 proceeding. This includes, but is not limited to, liquidations, wage earner plans, family
farmers and related adversary and contested proceedings.

(8) Civil Rights and Discrimination. The practice of law dealing with all matters arising under
federal and state law relating to proper treatment in the areas of, among others, public
accommodations, voting, employment, housing, administration of welfare and social security
benefits; practice before federal and state courts and governmental agencies.

(9) Civil Trial Practice. The practice of law dealing with representation of parties before federal
or state courts in all noncriminal matters.

(10) Commercial Transactions. The practice of law dealing with all aspects of commercial paper,
contracts, sales and financing, including, but not limited to, secured transactions.

(11) Consumer Claims and Protection. The practice of law dealing with all aspects of consumer
transactions including, but not limited to, sales practices, credit transactions, secured transactions
and warranties; all matters arising under the Equal Credit Opportunity Act, the Fair Credit
Reporting Act, the Magnuson-Moss Act, the Truth in Lending Act, state statutes such as the “Little
FTC” acts, and other analogous federal and state statutes.

(12) Corporate and Business Organizations. The practice of law dealing with all aspects of the
formation, operation and dissolution of corporations, partnerships (general and limited), agency
and other forms of business organizations.

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(13) Corporate Finance and Securities. The practice of law dealing with all matters arising under
the Securities Act of 1933, Securities Exchange Act of 1934, Investment Advisors Act (or the
Federal Securities Code, if adopted) and other federal and state securities statutes; financing
corporate activities; mergers and acquisitions; practice before the Securities and Exchange
Commission and state securities commissions.

(14) Criminal. The practice of law dealing with the prosecution or representation of persons
accused of crimes at all stages of criminal proceedings in federal or state courts including, but not
limited to, the protection of the accused’s constitutional rights.

(15) Elder Law. The practice of law involving the counseling and representation of older persons
and their representatives relative to the legal aspects of health and long term care planning and
financing; public benefits; alternative living arrangements and attendant residents’ rights under
state and federal law; special needs counseling; surrogate decision making; decision making
capacity; conservatorships; conservation, disposition, and administration of the estates of older
persons and the implementation of decisions of older persons and their representatives relative to
the foregoing with due consideration to the applicable tax consequences of an action, involving,
when appropriate, consultation and collaboration with professionals in related disciplines. Lawyers
certified in elder law must be capable of recognizing issues that arise during counseling and
representation of older persons or their representatives with respect to the following: Abuse,
neglect or exploitation of older persons; estate, trust, and tax planning; other probate matters. Elder
law specialists must be capable of recognizing the professional conduct and ethical issues that arise
during representation.

(16) Environmental. The practice of law dealing with all aspects of the regulation of environmental
quality by both federal and state governments; control of air pollution, water pollution, noise
pollution, toxic substances, pesticides, and civilian uses of nuclear energy; solid waste/resource
recovery; all matters arising under the National Environmental Policy Act, Clean Air Act, Federal
Water Pollution Control Act, Noise Control Act, Solid Waste Disposal Act, Toxic Substance
Control Act and other federal and state environmental statutes; practice before federal and state
courts and governmental agencies.

(17) Estate Planning and Probate. The practice of law dealing with all aspects of the analysis and
planning for the conservation and disposition of estates, giving due consideration to the applicable
tax consequences, both federal and state; the preparation of legal instruments in order to effectuate
estate plans; administering estates, including tax related matters, both federal and state.

(18) Family and Matrimonial. The practice of law dealing with all aspects of antenuptial and

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domestic relationships, separation and divorce, alimony and child support, distribution of assets,
child custody matters and adoption, giving due consideration to the tax consequences, and court
proceedings relating thereto.

(19) Government Contracts and Claims. The practice of law dealing with all aspects of the
negotiation and administration of contracts with federal and state governmental agencies.

(20) Immigration and Naturalization. The practice of law dealing with obtaining and retaining
permission to enter and remain in the United States including, but not limited to, such matters as
visas, change of status, deportation and naturalization; representation of aliens before courts and
governmental agencies; protection of aliens’ constitutional rights.

(21) International. The practice of law dealing with all aspects of the relations among states,
international business transactions, international taxation, customs and trade law and foreign and
comparative law.

(22) Labor. The practice of law dealing with all aspects of employment relations (public and
private) including, but not limited to, unfair labor practices, collective bargaining, contract
administration, the rights of individual employees and union members, employment
discrimination; all matters arising under the National Labor Relations Act (Wagner Act), Labor
Management Relations Act (Taft-Hartley Act), Labor Management Reporting and Disclosure Act
(Landrum-Griffin Act), Fair Labor Standards Act, Title VII of The Civil Rights Act of 1964,
Occupational Safety and Health Act (OSHA), Employee Retirement Income Security Act
(ERISA), other federal statutes and analogous state statutes; practice before the National Labor
Relations Board, analogous state boards, federal and state courts, and arbitrators.

(23) Military. The practice of law dealing with the presentation of parties before courts-martial
and other military tribunals in disputes arising under the Uniform Code of Military Justice; the
representation of veterans and their dependents in seeking government benefits due to them on
account of military service; handling civil law problems of the military.

(24) Natural Resources. The practice of law dealing with all aspects of the regulation of natural
resources such as coal, oil, gas, minerals, water and public lands; the rights and responsibilities
relating to the ownership and exploitation of such natural resources.

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(25) Patent, Trademark and Copyright. The practice of law dealing with all aspects of the
registration, protection and licensing of patents, trademarks or copyrights; practice before federal
and state courts in actions for infringement and other actions; the prosecution of applications
before the United States Patent and Trademark Office; counseling with regard to the law of unfair
competition as it relates to patents, trademarks and copyrights.

(26)(A) Residential Real Estate. The practice of law dealing with all aspects of real property
transactions involving single one-to-four family residential dwellings when the client uses such
dwelling or expresses in writing the intent to use such dwelling as the client’s primary or other
residence including, but not limited to, real estate conveyances, title searches and property
transfers, leases, condominiums, cooperatives, and other common interest communities, planned
unit developments, mortgages, condemnation and eminent domain, zoning and land use planning,
property taxes, and determination of property rights.

(B) Commercial Real Estate. The practice of law dealing with all aspects of real property
transactions except for residential real estate as defined in subparagraph (A) of this subdivision,
including, but not limited to, real estate conveyances, title searches and property transfers, leases,
condominiums, cooperatives and other common interest communities, planned unit
developments, mortgages, condemnation and eminent domain, zoning and land use planning,
property taxes, real estate development and financing (with due consideration to tax and
securities consequences) and determination of property rights.

(27) Taxation. The practice of law dealing with all matters arising under the Internal Revenue
Code, Employee Retirement Income Security Act (ERISA), state and local tax laws and foreign
tax laws, including counseling with respect thereto; practice before federal and state courts and
governmental agencies.

(28) Workers’ Compensation. The practice of law dealing with the representation of parties before
federal and state agencies, boards and courts in actions to determine eligibility for workers’
compensation, and disability.

Rule 7.4B. Legal Specialization Screening Committee

(a) The chief justice, upon recommendation of the Rules Committee of the Superior Court, shall
appoint a committee of five members of the bar of this state which shall be known as the “Legal
Specialization Screening Committee.” The Rules Committee of the Superior Court shall designate
one appointee as chair of the Legal Specialization Screening Committee and another as vice chair

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to act in the absence or disability of the chair.

(b) When the committee is first selected, two of its members shall be appointed for a term of one
year, two members for a term of two years, and one member for a term of three years, and thereafter
all regular terms shall be three years. Terms shall commence on July 1. In the event that a vacancy
arises in this position before the end of a term, the chief justice, upon recommendation of the Rules
Committee of the Superior Court, shall appoint a member of the bar of this state to fill the vacancy
for the balance of the term. The Legal Specialization Screening Committee shall act only with a
concurrence of a majority of its members, provided, however, that three members shall constitute
a quorum.

(c) The Legal Specialization Screening Committee shall have the power and duty to:

(1) Receive applications from boards or other entities for authority to certify lawyers practicing in
this state as being specialists in a certain area or areas of law.

(2) Investigate each applicant to determine whether it meets the criteria set forth in Rule 7.4A(a).

(3) Submit to the Rules Committee of the Superior Court a written recommendation, with reasons
therefor, for approval or disapproval of each application, or for the termination of any prior
approval granted by the Rules Committee.

(4) Adopt regulations and develop forms necessary to carry out its duties under this section. The
regulations and forms shall not become effective until first approved by the Rules Committee of
the Superior Court.

(5) Consult with such persons deemed by the committee to be knowledgeable in the fields of law
to assist it in carrying out its duties.

Rule 7.4C. Application by Board or Entity To Certify Lawyers as Specialists

Effective: January 1, 2020

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Any board or entity seeking the approval of the Rules Committee of the Superior Court for
authority to certify lawyers practicing in this state as being specialists in a certain field or fields of
law as set forth in Rule 7.4A (e), shall file its application with the Legal Specialization Screening
Committee pursuant to Rule 7.4B on form JD-ES-63. The application materials shall be filed in a
format prescribed by the Legal Specialization Screening Committee, which may require them to
be filed electronically.

OFFICIAL COMMENTARY

A firm may be designated by the names of all or some of its members, by the names of deceased
members where there has been a continuing succession in the firm’s identity or by a trade name
such as the “ABC Legal Clinic.” Although the United States Supreme Court has held that
legislation may prohibit the use of trade names in professional practice, use of such names in law
practice is acceptable so long as it is not misleading. If a private firm uses a trade name that
includes a geographical name such as “Springfield Legal Clinic,”’ an express disclaimer that it is
a public legal aid agency may be required to avoid a misleading implication. It may be observed
that any firm name including the name of a deceased partner is, strictly speaking, a trade name.
The use of such names to designate law firms has proven a useful means of identification.
However, it is misleading to use the name of a lawyer not associated with the firm or a predecessor
of the firm.

With regard to subsection (d), lawyers sharing office facilities, but who are not in fact partners,
may not denominate themselves as, for example, “Smith and Jones,”’ for that title suggests
partnership in the practice of law.

Rule 7.5. Firm Names and Letterheads [Repealed effective January 1, 2020]
Effective: January 1, 2020

PRACTICE BOOK PROVISIONS

Effective: January 1, 2020

Practice Book 1998, Sec. 2-28A

Sec. 2-28A. Attorney Advertising; Mandatory Filing
(a) Any attorney who advertises services to the public through any media, electronic or
otherwise, or through written or recorded communication pursuant to Rule 7.2 of the
Rules of Professional Conduct shall file a copy of each such advertisement or
communication with the Statewide Grievance Committee either prior to or concurrently
with the attorney's first dissemination of the advertisement or written or recorded

18

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communication, except as otherwise provided in subsection (b) herein. The materials
shall be filed in a format prescribed by the Statewide Grievance Committee, which may
require them to be filed electronically. Any such submission in a foreign language must
include an accurate English language translation.
The filing shall consist of the following:
(1) A copy of the advertisement or communication in the form or forms in which it is to
be disseminated (e.g., videotapes, DVDs, audiotapes, compact discs, print media,
photographs of outdoor advertising);
(2) A transcript, if the advertisement or communication is in video or audio format;
(3) A list of domain names used by the attorney primarily to offer legal services, which
shall be updated quarterly;
(4) A sample envelope in which the written communication will be enclosed, if the
communication is to be mailed;
(5) A statement listing all media in which the advertisement or communication will
appear, the anticipated frequency of use of the advertisement or communication in each
medium in which it will appear, and the anticipated time period during which the
advertisement or communication will be used.
(b) The filing requirements of subsection (a) do not extend to any of the following
materials:
(1) An advertisement in the public media that contains only, in whole or in part, the
following information, provided the information is not false or misleading:
(A) The name of the lawyer or law firm, a listing of lawyers associated with the firm,
office addresses and telephone numbers, office and telephone service hours, fax
numbers, website and e-mail addresses and domain names, and a designation such as
“attorney” or “law firm”;
(B) Date of admission to the Connecticut bar and any other bars and a listing of federal
courts and jurisdictions where the lawyer is licensed to practice;
(C) Technical and professional licenses granted by the state or other recognized
licensing authorities;
(D) Foreign language ability;
(E) Fields of law in which the lawyer practices or is designated, subject to the
requirements of Rule 7.1, or is certified pursuant to Rule 7.4A;
(F) Prepaid or group legal service plans in which the lawyer participates;
(G) Acceptance of credit cards;
(H) Fee for initial consultation and fee schedule; and

19

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(I) A listing of the name and geographic location of a lawyer or law firm as a sponsor of
a public service announcement or charitable, civic or community program or event.
(2) An advertisement in a telephone directory;
(3) A listing or entry in a regularly published law list;
(4) An announcement card stating new or changed associations, new offices, or similar
changes relating to an attorney or firm, or a tombstone professional card;
(5) A communication sent only to:
(A) Existing or former clients;
(B) Other attorneys or professionals; business organizations including trade groups; not-
for-profit organizations; governmental bodies and/or
(C) Members of a not-for-profit organization that meets the following conditions: the
primary purposes of the organization do not include the rendition of legal services; the
recommending, furnishing, paying for or educating persons regarding legal services is
incidental and reasonably related to the primary purposes of the organization; the
organization does not derive a financial benefit from the rendition of legal services by an
attorney; and the person for whom the legal services are rendered, and not the
organization, is recognized as the client of the attorney who is recommended, furnished,
or paid for by the organization.
(6) Communication that is requested by a prospective client.
(7) The contents of an attorney's Internet website that appears under any of the domain
names submitted pursuant to subdivision (3) of subsection (a).
(c) If requested by the Statewide Grievance Committee, an attorney shall promptly
submit information to substantiate statements or representations made or implied in any
advertisement in the public media and/or written or recorded communications.
(d) The statewide bar counsel shall review advertisements and communications filed
pursuant to this section that have been selected for such review on a random basis. If
after such review the statewide bar counsel determines that an advertisement or
communication does not comply with the Rules of Professional Conduct, the statewide
bar counsel shall in writing advise the attorney responsible for the advertisement or
communication of the noncompliance and shall attempt to resolve the matter with such
attorney. If the matter is not resolved to the satisfaction of the statewide bar counsel, he
or she shall forward the advertisement or communication and a statement describing
the attempt to resolve the matter to the Statewide Grievance Committee for review. If,
after reviewing the advertisement or communication, the Statewide Grievance
Committee determines that it violates the Rules of Professional Conduct, it shall forward
a copy of its file to the disciplinary counsel and direct the disciplinary counsel to file a
presentment against the attorney in the Superior Court.

20

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(e) The procedure set forth in subsection (d) shall apply only to advertisements and
communications that are reviewed as part of the random review process. If an
advertisement or communication comes to the attention of the statewide bar counsel
other than through that process, it shall be handled pursuant to the grievance procedure
that is set forth in Section 2-29 et seq.
(f) The materials required to be filed by this section shall be retained by the Statewide
Grievance Committee for a period of one year from the date of their filing, unless, at the
expiration of the one year period, there is pending before the Statewide Grievance
Committee, a reviewing committee, or the court a proceeding concerning such
materials, in which case the materials that are the subject of the proceeding shall be
retained until the expiration of the proceeding or for such other period as may be
prescribed by the Statewide Grievance Committee.
(g) Except for records filed in court in connection with a presentment brought pursuant
to subsection (d), records maintained by the statewide bar counsel, the Statewide
Grievance Committee and/or the Disciplinary Counsel's Office pursuant to this section
shall not be public. Nothing in this rule shall prohibit the use or consideration of such
records in any subsequent disciplinary or client security fund proceeding and such
records shall be available in such proceedings to a judge of the Superior Court or to the
standing committee on recommendations for admission to the bar, to disciplinary
counsel, to the statewide bar counsel or assistant bar counsel, or, with the consent of
the respondent, to any other person, unless otherwise ordered by the court.
(h) Violation of subsections (a) or (c) shall constitute misconduct.
]
Sec. 2-28B. --Advisory Opinions
(a) An attorney who desires to secure an advance advisory opinion concerning
compliance with the Rules of Professional Conduct of a contemplated advertisement or
communication may submit to the Statewide Grievance Committee, not less than 30
days prior to the date of first dissemination, the material specified in Section 2-
28A(a) accompanied by a fee established by the chief court administrator. It shall not be
necessary to submit a videotape or DVD if the videotape or DVD has not then been
prepared and the production script submitted reflects in detail and accurately the
actions, events, scenes, and background sounds that will be depicted or contained on
such videotapes or DVDs, when prepared, as well as the narrative transcript of the
verbal and printed portions of such advertisement.
(b) An advisory opinion shall be issued, without a hearing, by the Statewide Grievance
Committee or by a reviewing committee assigned by the Statewide Grievance
Committee. Such reviewing committee shall consist of at least three members of the
Statewide Grievance Committee, at least one-third of whom are not attorneys.

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(c) An advisory opinion issued by the Statewide Grievance Committee or a reviewing
committee finding noncompliance with the Rules of Professional Conduct is not binding
in a disciplinary proceeding, but a finding of compliance is binding in favor of the
submitting attorney in a disciplinary proceeding if the representations, statements,
materials, facts and written assurances received in connection therewith are not false or
misleading. The finding constitutes admissible evidence if offered by a party. If a
request for an advisory opinion is made within 60 days of the effective date of this
section, the Statewide Grievance Committee or reviewing committee shall issue its
advisory opinion within 45 days of the filing of the request. Thereafter, the Statewide
Grievance Committee or reviewing committee shall issue its advisory opinion within 30
days of the filing of the request. For purposes of this section, an advisory opinion is
issued on the date notice of the opinion is transmitted to the attorney who requested it
pursuant to subsection (a) herein.
(d) If requested by the Statewide Grievance Committee or a reviewing committee, the
attorney seeking an advisory opinion shall promptly submit information to substantiate
statements or representations made or implied in such attorney's advertisement. The
time period set forth in subsection (c) herein shall be tolled from the date of the
committee's request to the date the requested information is filed with the committee.
(e) If an advisory opinion is not issued by the Statewide Grievance Committee or a
reviewing committee within the time prescribed in this section, the advertisement or
communication for which the opinion was sought shall be deemed to be in compliance
with the Rules of Professional Conduct.
(f) If, after receiving an advisory opinion finding that an advertisement or communication
violates the Rules of Professional Conduct, the attorney disseminates such
advertisement or communication, the Statewide Grievance Committee, upon receiving
notice of such dissemination, shall forward a copy of its file concerning the matter to the
disciplinary counsel and direct the disciplinary counsel to file a presentment against the
attorney in the Superior Court.
(g) Except for advisory opinions, all records maintained by the Statewide Grievance
Committee pursuant to this section shall not be public. Advisory opinions issued
pursuant to this section shall not be public for a period of 30 days from the date of their
issuance. During that 30 day period the advisory opinion shall be available only to the
attorney who requested it pursuant to subsection (a), to the Statewide Grievance
Committee or its counsel, to reviewing committees, to grievance panels, to disciplinary
counsel, to a judge of the Superior Court, and, with the consent of the attorney who
requested the opinion, to any other person. Nothing in this rule shall prohibit the use or
consideration of such records in any subsequent disciplinary or client security fund
proceeding and such records shall be available in such proceedings to a judge of the
Superior Court or to the standing committee on recommendations for admission to the
bar, to disciplinary counsel, to the statewide bar counsel or assistant bar counsel, or,

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with the consent of the respondent, to any other person, unless otherwise ordered by
the court.

USEFUL LINKS

Statewide Grievance Advertising Info:

https://jud.ct.gov/sgc/faq_atty_adv.htm

Statewide Grievance Advisory Advertising Opinion Request

https://jud.ct.gov/sgc/faq_advisory_ops.htm

Statewide Grievance Advertising Opinions

https://jud.ct.gov/sgc/Adv_opinions/default.htm

23

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Throwing $$$ Down the Drain

Page 362 of 403

Carol Dweck
Page 363 of 403
Page 364 of 403
 A Tale of
Two Lawyers

Page 365 of 403

Page 366 of 403
Sad
Saul
Page 367 of 403
 Saul doesn’t know where his cases come from

Saul has no system for keeping track of prospective clients

Saul does not follow up on leads

Saul’s income fluctuates from month to month

Saul cannot budget and lives a life in flux

Saul hates being a lawyer

Saul is Sad
Page 368 of 403
 I
was
Saul
Page 369 of 403
 Elle the
Educated

Page 370 of 403

 Elle cultivates and optimizes her lead sources

Elle gathers & collects lots of data on every lead

Elle’s best cases come from 6 month old leads

Elle has a predictable, steady stream of revenue

Elle’s firm is growing and expanding into other areas

Elle loves being a lawyer

Elle is educated, engaged & ecstatic

Page 371 of 403
Web Hosting $100
SEO & Promotion $1,000
Advertising $500
Phone Service/Receptionist $2,000
Promotional Materials $150
Networking Lunches $250
CRM & Email Newsletter $1,000
MONTHLY TOTAL SPEND $5,000
Page 372 of 403
MAKE THE PHONE
((RING))

$5,000 per
month

Page 373 of 403

 25 business days x 10 new prospects per day = 250 new prospects a month

50% of people who call schedule a consult = 125 new consults per month

Elle closes 40% of her consults = 50 new clients a month

$5,000 in advertising per month for 250 prospects = $20 to obtain 1 prospect
$5,000 in advertising per month for 125 consults = $40 to obtain 1 consult
$5,000 in advertising per month for 50 new clients = $100 to obtain 1 client
Page 374 of 403
Vending Machine
Average case value = $10,000

Costs $100 to make $10,000

Do that every day

Twice on Sunday

Page 375 of 403

Why You Might Want
To Listen to Me

Page 376 of 403

Page 377 of 403
 193 free episodes
100+ hours of content

Page 378 of 403

FB Group
2,500 +
Members

Free Daily
Interaction
With
Successful
Lawyers
Page 379 of 403
www.maxlawcon.com

June 11-12, 2020

St. Louis, MO

Marketing &
Best Firm Practices

Page 380 of 403

Hacking Law Practice, LLC

Started in 2007

Didn’t Know Anything

About Immigration Page 381 of 403
Didn’t Know Anything
About Running a Firm

Didn’t Know Marketing

Page 382 of 403
Hundreds of podcasts

Tons of books

A lot of conferences
Page 383 of 403
Page 384 of 403
Before Unit

During Unit

After Unit Page 385 of 403

Page 386 of 403
Inherent Conflict

Sales v.

Fulfillment Page 387 of 403

Page 388 of 403
People Waiting to be Led

Tell Me What to Do

Build a Tribe Page 389 of 403

Page 390 of 403
 Personal Brand

Niche Down Deeply

You Only Get 1 Word Page 391 of 403

Three Simple
Steps
Simple, Not Easy Page 392 of 403
Step One
Get Eyeballs
Page 393 of 403
Step Two
Build a Tribe
Page 394 of 403
 Step Three
Know Your Numbers
Page 395 of 403
 YouTube
Started in 2015
500+ Videos
15,737 Subscribers
2.7M Views
112,200 Hours Page 396 of 403
Ask Me Anything
Give Away Your Best Stuff
New Content Ideas
Page 397 of 403
Immigrant Home
Facebook Group
1,491 Members
Page 398 of 403
Page 399 of 403
Customer Relationship
Software (CRM)

Page 400 of 403

Weekly Email Newsletter
9,521 Subscribers
Page 401 of 403
One
Step
at a
Time Page 402 of 403
What Kind of a Practice
Do You Want to Have?

Page 403 of 403