Marketing Through Testimonials: Giving and Receiving
Most of us lawyers know that inside a courtroom, there's nothing quite as compelling as testimony, a personal narrative of events from witnesses with personal knowledge of the facts of the case. So it's surprising, then, that few lawyers recognize the value of a related marketing concept -- the testimonial -- wherein a lawyer's clients or colleagues endorse or recommend a lawyer's service or qualifications based on personal impressions formed during their professional relationship.
Like testimony in court, testimonials are compelling because they're personalized. In contrast to the cookie-cutter jargon that most lawyers include in brochures and websites about being compassionate or caring or responsive or aggressive advocates, the best testimonials convey those same concepts through examples drawn from an individual's personal experience. In addition, testimonials frequently focus on points that matter to potential clients, but that a lawyer might not recognize as important. For example, some testimonials I've seen compliment lawyers on their staff's friendliness -- a significant benefit for harried or stressed clients, but not necessarily a feature that most lawyers would think to highlight in their marketing materials.
On the other hand, just like the witness whose testimony goes south in the courtroom, a poorly executed testimonial can do far more harm than good. Testimonials from fellow lawyers that simply state "nice guy, great lawyer" aren't worth the bandwidth they require, while testimonials that are clearly reciprocal -- i.e., where one lawyer endorses a colleague and the colleague returns the favor without any useful information -- can damage a lawyer's credibility. In addition, testimonials that aren't truthful or that violate client confidentiality rules can put lawyers in trouble with the bar. In fact, as discussed below, lawyers should consult their respective bar rules prior to seeking testimonials from clients -- or even other lawyers -- because some bars do prohibit the practice.
Below are some how-tos for getting effective and compelling testimonials from clients and lawyers and using them in marketing materials. But when it comes to testimonials, many lawyers find that giving is just as important as receiving -- and I'll also detail some ways to offer testimonials to colleagues and service providers to generate ancillary benefits for yourself.
A. Getting Testimonials
1. What Is Appropriate for a Testimonial?
Testimonials are appropriate for virtually any type of service that you provide. If you are marketing a divorce or bankruptcy or criminal practice, then testimonials from clients on everything from their satisfaction with your work or your personality and demeanor are appropriate. On the other hand, if you're trying to generate more referral-based work from other lawyers, then testimonials from lawyers who've worked with you and are familiar with your skills and reliability make the most sense.
But you're not limited to testimonials about your work. If you write a great blog or produced an e-book, why not ask for endorsements from other readers? A testimonial about your online materials can help them stand out from the avalanche of information available on the Internet.
2. How Do I Use Testimonials?
You can incorporate testimonials into your marketing materials in a variety of ways. For example, you can include testimonials in written brochures and at your website. As noted, many online lawyer listing services like Avvo or LinkedIn allow users to post testimonials as well. Finally, some lawyers choose not to publicize testimonials and make them available to prospects on request instead.
3. Consult the Bar Rules
Before you go to the trouble of seeking testimonials, consult your respective bar's ethics rules. The ABA maintains an online list of state bar rules on advertising, including those states that prohibit or restrict testimonials. On the other hand, don't go overboard and assume that because restrictions apply that you can't obtain testimonials at all. Some bars, for example, prohibit client testimonials but do not limit testimonials from colleagues and/or other lawyers. Other bars maintain general proscriptions against testimonials that include information that cannot be verified (e.g., "Joe Jones was the best lawyer ever!"). However, this type of restriction would not prohibit testimonials with verifiable, factual information, such as, "Joe Jones timely filed all my pleadings" or "Jane Doe returned my phone calls". And in fact, if you think about it, it's this kind of specific detail that makes testimonials far more compelling than one that consists of conclusory statements -- just as in a court room.
Bear in mind that bar rules on confidentiality may also prohibit you from disclosing the identity of clients. Therefore, be sure to obtain appropriate authorization to use a client's name in connection with their testimonials. Where a client declines to be identified, you may still post the testimonial but indicate that the client's name has been withheld to preserve confidentiality. In no circumstances should you post a testimonial with a fake name -- that would undermine its credibility.
4. Gathering Testimonials
Like testimony in court, testimonials are compelling because they're personalized. In contrast to the cookie-cutter jargon that most lawyers include in brochures and websites about being compassionate or caring or responsive or aggressive advocates, the best testimonials convey those same concepts through examples drawn from an individual's personal experience. In addition, testimonials frequently focus on points that matter to potential clients, but that a lawyer might not recognize as important. For example, some testimonials I've seen compliment lawyers on their staff's friendliness -- a significant benefit for harried or stressed clients, but not necessarily a feature that most lawyers would think to highlight in their marketing materials.
On the other hand, just like the witness whose testimony goes south in the courtroom, a poorly executed testimonial can do far more harm than good. Testimonials from fellow lawyers that simply state "nice guy, great lawyer" aren't worth the bandwidth they require, while testimonials that are clearly reciprocal -- i.e., where one lawyer endorses a colleague and the colleague returns the favor without any useful information -- can damage a lawyer's credibility. In addition, testimonials that aren't truthful or that violate client confidentiality rules can put lawyers in trouble with the bar. In fact, as discussed below, lawyers should consult their respective bar rules prior to seeking testimonials from clients -- or even other lawyers -- because some bars do prohibit the practice.
Below are some how-tos for getting effective and compelling testimonials from clients and lawyers and using them in marketing materials. But when it comes to testimonials, many lawyers find that giving is just as important as receiving -- and I'll also detail some ways to offer testimonials to colleagues and service providers to generate ancillary benefits for yourself.
A. Getting Testimonials
1. What Is Appropriate for a Testimonial?
Testimonials are appropriate for virtually any type of service that you provide. If you are marketing a divorce or bankruptcy or criminal practice, then testimonials from clients on everything from their satisfaction with your work or your personality and demeanor are appropriate. On the other hand, if you're trying to generate more referral-based work from other lawyers, then testimonials from lawyers who've worked with you and are familiar with your skills and reliability make the most sense.
But you're not limited to testimonials about your work. If you write a great blog or produced an e-book, why not ask for endorsements from other readers? A testimonial about your online materials can help them stand out from the avalanche of information available on the Internet.
2. How Do I Use Testimonials?
You can incorporate testimonials into your marketing materials in a variety of ways. For example, you can include testimonials in written brochures and at your website. As noted, many online lawyer listing services like Avvo or LinkedIn allow users to post testimonials as well. Finally, some lawyers choose not to publicize testimonials and make them available to prospects on request instead.
3. Consult the Bar Rules
Before you go to the trouble of seeking testimonials, consult your respective bar's ethics rules. The ABA maintains an online list of state bar rules on advertising, including those states that prohibit or restrict testimonials. On the other hand, don't go overboard and assume that because restrictions apply that you can't obtain testimonials at all. Some bars, for example, prohibit client testimonials but do not limit testimonials from colleagues and/or other lawyers. Other bars maintain general proscriptions against testimonials that include information that cannot be verified (e.g., "Joe Jones was the best lawyer ever!"). However, this type of restriction would not prohibit testimonials with verifiable, factual information, such as, "Joe Jones timely filed all my pleadings" or "Jane Doe returned my phone calls". And in fact, if you think about it, it's this kind of specific detail that makes testimonials far more compelling than one that consists of conclusory statements -- just as in a court room.
Bear in mind that bar rules on confidentiality may also prohibit you from disclosing the identity of clients. Therefore, be sure to obtain appropriate authorization to use a client's name in connection with their testimonials. Where a client declines to be identified, you may still post the testimonial but indicate that the client's name has been withheld to preserve confidentiality. In no circumstances should you post a testimonial with a fake name -- that would undermine its credibility.
4. Gathering Testimonials
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