Now, advertising is defined as "any public or private communication made on behalf of a lawyer or law firm about that law firm's services, the primary purpose of which is for
the retention of the lawyer and the law firm." But many firms have responded by interpreting them to apply to client memos on legal developments, a practice that most firms consider part service and
part marketing. Email messages have to have a note in the subject line stating that it is "attorney advertising" and that means it can get dumped without a glance.
"You risk getting shunted off to the spam filter or to the garbage," says Allan Ripp, a New York publicist who represents many large law firms. And if the email makes it past the spam filter, "You might as well have a sign that says 'ignore this,' " he adds.
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