Law Marketing, Now Essential, Continues to Evolve

November 14, 2023

Getting Their Message Across

Seth Stratton wasn’t belittling what he does. He was just stating what most would consider the obvious — “business law isn’t what you would call sexy.”


Usually.


Indeed, when the state Supreme Judicial Court overturns a $3.5 million settlement awarded to a couple living next to a golf course after 651 stray golf balls hit their property, frightening their young child and forcing them to confine themselves indoors for fear of injury — which it did almost a year ago — that’s business law that tumbles into the ‘sexy’ category. (The case became front-page news in the Boston Globe and other large daily publications.)


Understanding this, and also understanding that his firm, East Longmeadow-based Fitzgerald Law, P.C., has a few golf courses in its portfolio of business clients and would like to add more, Stratton posted this item on LinkedIn:

“Interesting SJC decision worth noting in the context of golf course neighboring residential developments. In essence, the SJC overturned a $3.5 million verdict in favor of the neighboring homeowners on the basis that the jury needed to consider the reasonableness standard in connection with an easement for the ‘reasonable and efficient’ operation of a golf course. Always a good sign when courts emphasize reasonableness in trial decisions.”


He then attached a link to a Mass Lawyers Weekly article on the case.


While the post falls into the category of education, it can also be considered marketing and building brand awareness, said Stratton, adding that the item speaks to how the marketing and advertising of legal services, something first permitted 46 years ago, has certainly changed over that time, even over the past 10 years or so, and certainly since the days when the yellow pages, and especially the back page of the phone book, were at the top of the list of options for many firms and sole practitioners.


“That post took me five minutes to prepare and share,” he told BusinessWest. “Twenty years ago, firms would spend hours on a client alert, color, printing, and mass mailing.”


With that, he explained how a LinkedIn post can reach a large audience quickly, efficiently, and at minimum expense, and how social media has become a larger force in an equation that has many components — and questions to be answered.


Indeed, there are many aspects to be considered with marketing, said Tim Mulhern, a partner with the Springfield-based firm Shatz, Schwartz & Fentin, noting, as others we spoke with did, that marketing isn’t something law students typically study.


Amy Royal says the importance of law marketing continues to grow, as does the number of options for law firms to consider.


“We’re not trained for this; they didn’t teach it when I was in law school. In fact, it was the opposite — they were teaching you how to be thoughtful about what you do, while marketing is sort of shouting from the rooftops, ‘we’re greater than sliced bread,’” he said. “And they still don’t teach it now.”


So lawyers and firms have had to learn as they go, he said, adding that there is much to learn as the methods for getting a message across have evolved. Meanwhile, firms have to decide if they want to do it themselves — many have marketing committees comprised of lawyers — or hire a marketing director or an outside PR firm, an expensive step (one that didn’t have to be taken years ago), which many of them have taken.


And the job descriptions for these marketing directors have certainly changed as the times have.

“When I began my career in legal marketing in 1995, law firms were just starting to introduce websites as a tool to differentiate themselves from the competition,” said Jennifer Jacque, head of Marketing and Business Development for Springfield-based Bulkley Richardson. “Responsibilities of marketing professionals in law firms were limited to tasks such as writing bios and planning events. Since then, law firms have expanded their core portfolio of marketing services to include branding, public relations, advertising, social media, digital marketing, market research, communications, accolades and awards submissions, and more.”


Meanwhile, the importance of marketing and building brand awareness has grown steadily, said Raipher Pellegrino, managing partner of Springfield-based Raipher, P.C., which specializes in personal injury, medical malpractice, and related fields. He cited several reasons why.


Competition is one of them, he said, noting that firms in this market now compete against regional and national giants that open small offices in markets like this one — and they have for some time now. More recently, there is increased competition from firms from Boston and other large markets who can take advantage of shifts brought on from COVID — especially Zoom calls with clients and Zoom court hearings instead of the in-person variety of both — to take cases in this market that previously would have been prohibitive.


These same shifts bring down the cost of client representation, Pellegrino went on, making it possible for a potential client to hire a firm in a larger market that might previously have been out of their price range (more on this later).


All of this points to the importance of marketing and business development and the need for firms to stay on the cutting edge, said those we spoke with — whatever that might be.

 

Case in Point

As he talked about marketing and the many changes that have come to the profession and the legal landscape, if you will, in Western Mass., Mulhern noted that, among other things, the names of many of the firms are shorter — in some cases, much shorter.


“Years ago, if you added a new partner, you added their name to the firm,” he said, noting that some firms had six, eight, or even more names on the letterhead and sign over the door.


Shorter names are, for the most part, a function of marketing and branding, he said, adding that there are myriad other parts of this equation, from a strong web presence to involvement in the community, such as with his firm’s charitable foundation.


Indeed, as Jacque noted, marketing and business development covers areas ranging from PR to submitting nominations for the many ‘best of’ awards that lawyers can put on their résumés, the press releases for which start flooding the inboxes of media outlets each fall, when the announcements are made.


The world of law marketing changed dramatically in June 1977, when the U.S. Supreme Court handed down its decision in Bates v. State Bar of Arizona, essentially striking down prohibitions against advertising by attorneys.


Tim Mulhern says that, while law marketing has certainly evolved, word-of-mouth referrals are still effective.


Until then, marketing was a function of signage on a building or office door, networking — everything from joining the Rotary Club to being active with the local chamber of commerce — and word-of-mouth referrals, all of which, and especially the last two, are still very important pieces of the puzzle and perhaps the most important, said those we spoke with.


Indeed, Stratton said he and other lawyers at Fitzgerald are very visible, attending a number of business functions (the recent Developers Conference in Springfield is a good example) and fundraisers for area nonprofits. Meanwhile, word of mouth has long been perhaps the most effective way to build a book of business.


“Word of mouth has always been important,” said Mulhern, who specializes in business organizations, estate planning, and real estate. “My favorite way to get a new client is to have another lawyer say, ‘Tim knows how to do this stuff.’”


But while advertising was frowned upon by many in the business for years after the 1977 ruling, the many aspects of marketing and brand building have become more accepted and increasingly important over the years, for those reasons mentioned earlier. The questions have always concerned how to market.


And the answer usually depends on what type of law one specializes in and what audiences they are trying to reach.


“Marketing of law firms comes down to messaging — and then targeting who you want to be receiving this message,” said Jacque, noting that the work of targeting takes many forms and involves different mediums.


Amy Royal, founding partner of the Springfield-based Royal Law Firm, agreed, noting that her firm, which represents and counsels businesses on all aspects of labor and employment law, focuses on that specific audience.


That’s why she never took out ads in the yellow pages — she was solicited annually but always said no — and instead focused on business publications like this one.


“We’ve also expanded over the years into the digital space — and while we don’t do advertising, we do brand awareness on social media,” she said, adding that some firms have gone to platforms ranging from Facebook to Instagram and even TikTok to get their message out with videos, articles, links to reports on recent rulings, and more. Doing so enables them to reach large audiences inexpensively.


Meanwhile, the firm’s web page has become a valuable asset, especially since the start of the pandemic, for introducing people to the firm and its lawyers, and also disseminating information through a blog, articles, and links to articles, such as the ones Royal’s attorneys write regularly for BusinessWest.

 

Weighing the Facts

Overall, Royal said law firms often need to use several vehicles, including traditional forms of media, depending, again, on the audience they want to reach and the messages they want to send.

Pellegrino, who uses billboards, television, print, and other mediums, agreed, but added that, for many lawyers, especially those who specialize in different areas, targeting specific audiences can be more challenging.


“Now, in order to be competitive, you have to advertise in some form,” he told BusinessWest. “But you have to figure out what works for you; it’s a very difficult business to advertise in. If you were selling engagement rings, you’d target the 19- to 30-year-old audience. But who gets in accidents? What type of clientele are you targeting? Personal injury is a very difficult business to advertise.”

Meanwhile, measuring return on investment from whatever forms of marketing are used is more difficult with legal services than other products or services, Pellegrino went on.


“There’s no guarantee of what you’re going to get in return,” he said, adding that, while it’s like this for all industries, it’s especially true with the law and especially personal-injury law, where the goal is to get the higher-end cases with bigger returns.


Despite these challenges, he said marketing is ever-more important because the level of competition continues to increase, with regional and national firms specializing in personal injury moving into this market — and making their presence known.


And the advent of virtual hearings and client meetings enables firms in other markets to woo clients in the 413.


“Before, the Boston lawyers didn’t want to take cases in Western Mass.,” he said. “But now they do because they can do a lot of the hearings by Zoom, so they don’t have to drive out here; it’s more cost-effective, and it’s really good for the consumer. And it means that it’s more important to advertise.”


Stratton agreed, noting that, overall, success in this industry is about forging relationships and continually strengthening those relationships. This is accomplished by staying visible and front of mind — in every way imaginable, be it by attending functions, being active in the community, writing articles to be published in BusinessWest, or, yes, sending links to articles on developments and cases like the one involving that couple living just off the golf course.


Doing so helps show that, while business law isn’t sexy — usually — it’s important, especially to those in business.


Legal advertising usually isn’t sexy, either, but it’s equally important, and while the landscape has changed dramatically since June 1977, and even over the past five years, the basic mission remains the same — to build a brand and put one’s best foot forward.


Amy B. Royal was interviewed by George O'Brien from BusinessWest. Click here to visit their website.


July 9, 2025
Background: The e-commerce website Zulily liquidated in May 2023 and laid off its entire workforce by the end of 2023. While in-person workers at Zulily’s Seattle headquarters and fulfillment centers in Ohio and Nevada received 60 days’ notice or pay under the Worker Adjustment and Retraining Notification (WARN) Act, remote employees were not given any notice or pay. Four remote workers—two based in Washington and two based in Ohio—filed a class action lawsuit claiming that this was a violation of the WARN Act and state wage laws. The workers argued that because their roles were assigned to corporate offices or fulfillment centers, they should have been considered “affected employees” under the WARN Act when those sites closed. In a decision that could signal a significant shift in how the WARN Act applies to remote workers, the federal judge refused to dismiss the workers’ claims.  Key Legal Questions 1. Do Remote Workers Qualify for WARN Act Protections? The core of the dispute centers on whether remote workers can be considered part of a “single site of employment” that closed or experienced a mass layoff—terms that define whether the WARN Act’s notice requirements kick in. 2. Are WARN Act Damages Considered “Wages”? The Plaintiffs also brought state wage claims, arguing that the pay they would have received with proper WARN Act notice should be considered unpaid “wages” under Washington law and Ohio law. What the Court Decided: Judge Kymberly K. Evanson rejected the company’s motion to dismiss the case. Finding that Zulily’s argument that remote employees do not work at a single site with 50 or more workers and thus aren’t covered, was a factual question not suitable for early dismissal. Prior cases support the idea that even home-based employees may be “affected employees” if tied to a central worksite that shuts down. The court also found that if the WARN Act applies, then the Plaintiffs could plausibly claim that Zulily withheld “wages” owed under Washington and Ohio laws —opening the door to potential double damages and attorney fees. The Plaintiffs haven’t won their case; the court’s refusal to dismiss the claims allows them to move forward to discovery and potentially class certification. If they succeed, the case could set a precedent requiring companies to treat remote employees as part of larger employment sites for WARN Act purposes. With remote work here to stay, courts—and employers—will need to grapple with what "site of employment" really means in the 21st-century workforce. For employers, the message is clear: remote doesn't mean exempt. As the legal framework catches up with modern work arrangements, companies must tread carefully when making large-scale employment decisions. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
June 20, 2025
“Ability is what you’re capable of doing. Motivation determines what you do. Attitude determines how well you do it.” This quote from my Notre Dame football coach, Lou Holtz, has not only resonated with me through all aspects of my life, but it has guided me in coaching employees for success. Indeed, in playing for Coach Holtz in the late 1980s and winning a national championship with him, I learned quite a bit about leadership and accomplishing goals. The following takeaways that I learned as a young adult are what I have implemented into my professional life. While the objectives of leadership — driving performance, fostering engagement, and cultivating growth — remain constant, the ways in which we motivate our teams have evolved with each generation. What inspired Baby Boomers may not resonate with Millennials or Gen Z. Understanding these generational shifts is key to effective leadership today. In today’s work environment, coaching employees is not just a leadership tactic — it’s a strategic imperative. Remote work has reshaped communication, and employee expectations have shifted toward development and purpose. Coach Holtz’s quote serves as a simple but powerful framework for effective coaching: leaders must recognize ability, fuel motivation, and shape attitudes to bring out the best in their teams. Recognizing Ability: Know What Your People Can Do The first step in coaching is understanding each employee’s strengths and capabilities. This means going beyond résumés and job descriptions to truly observe how individuals think, solve problems, and interact with others. When leaders understand what their team members are capable of, they can align tasks and goals in ways that challenge without overwhelming. Coaching helps bridge the gap between raw potential and real-world performance. Inspiring Motivation: Help People See the Why Motivation is deeply personal. What drives one employee may not matter to another. Effective coaches take time to learn what inspires their team — whether it’s growth opportunities, recognition, or a sense of purpose. By connecting everyday work to larger goals and company values, leaders can unlock intrinsic motivation. Motivated employees are more likely to take initiative, push past obstacles, and grow within the organization. The Leader’s Role in Shaping Attitude Attitude determines how work gets done. A coach’s role is to cultivate a culture where positivity, resilience, and accountability thrive. This involves addressing challenges by considering setbacks as chances for learning and demonstrating emotional intelligence. Leaders who coach with empathy and encouragement set the tone for how their teams respond to pressure, change, and collaboration. From Feedback to Forward Momentum Coaching isn’t about occasional feedback — it’s about ongoing dialogue. Regular check-ins, clear communication, and actionable suggestions create an environment where employees feel supported and empowered. Effective coaching helps people take ownership of their growth, rather than waiting for direction. It turns feedback into fuel for development. Coaching in the Modern Workplace Hybrid teams, technological shifts, and generational changes have made coaching even more essential. Today’s leaders must be more intentional about building connections and offering guidance, especially when face-to-face time is limited. Virtual coaching tools can help, but the foundation remains the same: genuine curiosity, active listening, and consistent support. The Lasting Impact of a Great Coach Coaching done well builds more than just stronger employees — it builds stronger people. When leaders take the time to develop ability, ignite motivation, and nurture the right attitude, they create lasting value for individuals and the organization. As Coach Holtz wisely reminds us, performance is not just about what you can do — it’s about how and why you do it. Derek Brown is chief administrative officer at the Royal Law Firm, LLP and a retired, nine-year NFL veteran who also gives speeches on leadership and teamwork to accomplish goals. The Royal Law Firm LLP, is a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288. Derek Brown wrote this article which was featured in BusinessWest. Click here to visit their website.