MCLE & Marketing – A bit of irony

In reading the October/November issue of Law Practice, the publication of the Law Practice Management Section of the American Bar Association, I was suddenly struck with a bit of irony.

The answer: YES!

The Court said that lawyers have the right to advertise their services. Advertising, by the way, is one aspect of marketing … Despite this prohibition of restriction, State Bars across the country continue to say that marketing (the broader version of advertising) is excluded from MCLE legitimacy … credit for programs on marketing are denied.

Now, what is wrong with the principle of helping lawyers identify those who can best use their services and how then to help them develop close relationships with them?

This is not a question of perpetrating a fraud on prospects, it is a question of how to identify what prospects want and then determining whether you, the lawyer, are competent to handle the matter.

How incredibly sad that the Bar discriminates against the small firm lawyer in this process … how incredibly arrogant of the Bar to refuse to help its members where they need the help most, with clients!

Frankly, I think a lawsuit on constitutional grounds against the Bar would succeed, as did Bates v. O’Steen. But, lawyers seem able to address these issues in other ways, subverting the Bar’s prohibition anyway. I prefer, however, to be straight rather than devious.

But then, this is only my opinion.


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