Washington Amends Lawyer Marketing Rules to Permit In-Person Solicitation

Earlier this month, the Washington Supreme Court approved amendments to the RPCs permitting in-person solicitation and use of the designation of “specialist” in lawyer advertising. Below are the highlights, courtesy of NW Sidebar.

RPC 7.1, which requires truthfulness in all lawyer marketing communications regardless of the form, remains. The comments to RPC 7.1, in turn, are expanded to address advertising generally, specialization and law firm names that formerly resided in now-eliminated rules: respectively, former RPCs 7.2, 7.4 and 7.5. Of note in an age when most lawyers focus their practices narrowly, Comment 8 to RPC 7.1 now permits lawyers to specifically state that they are “specialists”—as long as that is true.

RPC 7.3, which governs in-person solicitation, is also reduced to its constitutional core and now generally permits in-person solicitation unless the contact is misleading, the lawyer knows or reasonably should know that the physical or mental state of the person contacted impairs their judgment on employing legal counsel, or the solicitation amounts to harassment (including instances where the target informed the lawyer they did not wish to be contacted).

The package of amendments retains the general prohibition on paying for referrals outright but moves that provision to RPC 7.3(b). An accompanying technical amendment to RPC 5.5 makes clear that law firms can continue to practice across state lines.

Will Oregon follow suit? With COVID-19, it isn’t likely any Washington lawyers will take immediate advantage of the new leniency in solicitation. More pertinent for now is the ability to call yourself a specialist if you truly are.

2020 in the Rearview

Photo by Bich Tran on Pexels.com

COVID, wildfires, court operations, and closures dominated headlines and our lives. So did the tech world, the hard work of staying productive, and not letting the stress of it all get to us.

Hopefully you found some useful posts in 2020. If you’ve been battling procrastination, there is help. If you need to jump start your marketing, I did a four part series in July. If collecting fees has been … challenging … I have a few suggestions. Here’s a recap of substantive topics covered in the past twelve months. And here’s to 2021!

COVID

COVID Generally

COVID and Marketing

Reopening Your Firm

WFH (Working from Home)

Technology

Motivation and Productivity

Oregon Wildfires

Courts

Well Being

eDiscovery

Ethics

Fees and Finances

Malpractice

Client Service

Staff

All Rights Reserved 2020 Beverly Michaelis

Strengthening Client Relationships During COVID-19

Client needs are evolving. Has your service model kept pace?
Learn how to innovate and adapt to build better, sustainable relationships.

This program will focus on:

Identifying changing client needs
Becoming more client-centric
Advancing client service through technology
Adapting your communication style
Maximizing social media and website content to reassure clients
Developing flexible fee arrangements and billing practices
Improving client retention and renewing relationships

Date/Time/Location

Wednesday, December 2, 2020 from 10:00 a.m. to 11:00 a.m. Pacific Time.  This is a live, online webinar. 

Register Now!

Registration is open for Strengthening Client Relationships During COVID-19.

Who Should Attend?

Lawyers, legal staff, conflict managers, or office administrators – anyone interested in improving client relationships during challenging times.

Group Discounts

Discounts available to firms who wish to register 5 or more attendees. Contact organizer to arrange a discount code before registering: beverly@oregonlawpracticemanagement.org.

Does the Program Include Written Materials?

Yes. Written materials will be distributed electronically to attendees.

Questions, Live Polling, and MCLE

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling. OSB MCLE credit pending.

All Rights Reserved 2020 Beverly Michaelis

Best Practices for Virtual Meetings

 

Virtual meetings are here to stay for the foreseeable future. How can you get the most out of these remote conversations? Are there etiquette rules? Here are some pointers curated from around the Web.

Learn the technology beforehand

Nothing is worse than being on an audio or video conference call and hearing background interruptions or the sound of someone keyboarding, eating, or talking to someone in the room.

Before the meeting begins, learn how to (a) mute and unmute yourself; (b) test your camera; (c) test your microphone; (d) frame your video; (e) Enable a virtual background if offered by your video conferencing app; and (f) avoid using a mobile device. Go with a laptop or desktop computer instead.

As NW Sidebar points out, if your phone isn’t on a stable surface, the sound of it sliding around will be annoying. So are your alarms and notifications – although that may happen on your laptop or desktop too.

I would add: (g) mute or apply DND (do not disturb) to anything and everything you can – landline, mobile phone, tablet, etc. (h) treat the conference call as you would treat an in-person client meeting. Don’t permit interruptions and give the conversation your undivided attention. (i) Consider investing in a headset for comfort, convenience, and improved sound quality.

Give video calls a break

As many have suggested, not all meetings need to be face-to-face video. Simply picking up the phone works well for most clients. Don’t feel pressured to Zoom just because the Internet went wild over it. (More below.) A telephone call is convenient, cost-effective, and hassle free.

Message privately

During a group video conference call it can be challenging to have a side conversation with one person. Private messaging is the solution. Obviously, this feature needs to be available in your video conferencing app. In addition, you should choose an app with appropriate security if you are discussing client matters.

Use networking platforms

If you’re seeking to connect to other professionals, don’t forget about LinkedIn. If you are on social media, use the tool of your choice to reach out. If you belong to an OSB listserv, remember that listserv conversations are public record. When you see an interesting thread, keep your communication private by sending a direct email to that individual. In the right situation, it could make sense to launch a conversation with a group of listserv members – just remember to do it outside the listserv itself by sending separate messages. As noted above, the phone is also your friend. Use it to catch up with an old acquaintance or contact someone new.

Best practice tips on video client meetings

From the Law Society of BC:

  1. Advise the client not to share the links with anyone else;
  2. Access the links through a secured Wi-Fi network;
  3. Confirm the client’s consent to proceed in this manner;
  4. Ask that all individuals in the remote location introduce themselves;
  5. Ensure no one else is at the remote location who may be improperly influencing the client;
  6. Make sure that audio and video feeds are stable and that you can hear and see all parties;
  7. Do not allow clients to screen share by default. As the host you should be able to manage the screen sharing;
  8. Do lock the meeting once the client or clients have joined the call;
  9. Where identification is produced to support verification of identity, ensure that a copy of the document (front and back) is sent to you in advance of the online meeting (consider requesting high resolution) and that when it is produced during the meeting the entire document is visible and legible;
  10. Determine how to provide the client with copies of the document executed remotely;
  11. Confirm your client’s understanding about the documents they are executing and provide adequate opportunity for them to ask questions during the video conference; and
  12. Maintain detailed records including: date, start and end time, method of communication, identity of all present, and minutes of content of meeting. Read more here.

Alternatives to Zoom

The world seemed to go Zoom crazy during stay-at-home pandemic orders. I love Zoom – and p.s. – with its new privacy and security features meeting hacks no longer occur. However, if you’re looking for alternatives, check out this list from Business Today. Several of the options mentioned in the article are encrypted, a must-have for client confidentiality.

All Rights Reserved 2020 – Beverly Michaelis