The recent publication of
the 2013 Super Lawyers listings prompted us to think a little more about the
various attorney ranking and rating lists that seem to proliferate.
By some accounts,
there are more than 900 different attorney ranking lists out there today. Some
of them are local and others are highly specialized, but most lawyers are
familiar with the largest lists and rankings sites – Super Lawyers, Best
Lawyers, Martindale-Hubbell, Avvo, Chambers & Partners and Legal 500. Of
course, this doesn’t take in sites hosting firm reviews, like Yelp.
With so many of these sites
out there, firms and individual attorneys need to determine the value of trying
to be included. If so, then which listings are worth pursuing? And once the
decision to pursue a listing or ranking is made, one needs to be careful about
how the listing is utilized.
Make no mistake. These lists
aren’t put together by altruistic non-profit organizations looking to provide a
service to the public. They are operated by for-profit ventures for the purpose
of making money for their owners. So beware of “opportunities” to pay for
placement, banner ads, etc. These may be profit centers for the list operator,
but is the expense a good use of your marketing dollars? Before participating
in any ranking or listing, make sure the sponsor has a real methodology and
established criteria for inclusion that are at least arguably objective. Compare listings and do
your homework – understand how they work, what kind of information they collect
and remain involved in the process.
Be careful when choosing a
ranking site. Try to pursue only those you feel will have some influence on
your client base. A listing or ranking that may be impressive to an unsophisticated
individual looking for a personal injury lawyer may not impress the general
counsel of a public company.
Determine in advance how much time you have to spend on the process and how much of your marketing budget you want to devote. It may not be worthwhile or efficient to pursue inclusion in both Super Lawyers and Best Lawyers, for example. Give some thought to what kind of return on investment you expect to get from highlighted or more prominent listings or firm advertisements. All of these "enhanced" advertising opportunities have costs associated with them.
Determine in advance how much time you have to spend on the process and how much of your marketing budget you want to devote. It may not be worthwhile or efficient to pursue inclusion in both Super Lawyers and Best Lawyers, for example. Give some thought to what kind of return on investment you expect to get from highlighted or more prominent listings or firm advertisements. All of these "enhanced" advertising opportunities have costs associated with them.
And don’t forget that these
listing are attorney advertising. As such, they are subject to all the attorney
advertising rules of your state. Listings and rankings can make good content
for press releases, e-mails, newsletters, announcements, etc., but be careful
how you use them on your website or in your marketing materials. Don’t use a
“best” attorney ranking in a manner that could be construed as misleading or
deceptive. The basic ethical rules still apply. Some of the lists have recommendations or
guidelines regarding their use. If you’re in doubt, however, read the relevant
state rules or guidelines, or request assistance from the state bar or court
system.
In this regard, Elizabeth
Clark Tarbert, Ethics Counsel of The Florida Bar, has compiled a good list of pointers
for avoiding ethical problems when using ratings or awards:
1.
Check out the organization giving the rating/award to make sure it is a bona
fide organization with legitimate selection criteria
2.
Use the actual name of the award/rating in advertisements
3.
Use the actual name of the organization giving the award/rating in ads
4.
Give the year the award/rating was given in the advertisement
5.
Distinguish in the ad whether the award/rating was given to the firm or an
individual lawyer in the firm
6.
If the rating is not current, don’t use it
7.
Don’t publicize awards that use “specialist” “expert” “certified” or other
variations of these terms unless the organization is accredited by your bar
association
8.
Be careful how you characterize the award – do not call it “prestigious” or
“distinguished” e.g.
9.
Check with your state bar to see if the bar has a rule, opinion, case, or
guidelines on use of awards/ratings in advertisements
10.
Check with your state bar to see if you are required to file advertisements
that include the award
(Reprinted
with permission of The Florida Bar)
If used wisely, ratings,
listings and/or awards can be good marketing tools. Remember, though, they are
just tools. It’s okay to make them part of your marketing, but don’t rely
solely on them to be your marketing.
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