In late November, Lawyers Weekly published a podcast episode in conjunction with Governance Institute, unpacking how the legal profession across the board has fared this past year, and why perceptions have changed in that time.

Further to that report and podcast episode, Lawyers Weekly has reported that, this year, Australians reported having a more favourable view of lawyers and judges, slightly improved perceptions of law societies, and fluctuating views on those in corporate roles.

How Australians perceive media platforms

When asked how they perceive media platforms across the board, respondents to the Ethics Index survey indicated that public broadcaster ABC remains the most ethical platform, with a net ethical score of 52, up from last year’s 48. Sixty-four per cent of respondents think of the ABC as ethical with just 12 per cent saying it is unethical.

Streaming services such as YouTube have improved their ethical perception this year, with a net ethical score of 34, up from 27 in 2019. Podcasts and LinkedIn also saw an increase in the number of Australians perceiving them as ethical, with the former securing a net score of 33 (up from 24) and the latter rising to 27 (up from 21 last year).

When it comes to social media, Australians do not perceive platforms to be as ethical.

Instagram fared best among the leading socials platforms, with 31 per cent of respondents thinking the photo-based app is ethical and 35 per cent deeming it unethical, for a net score of -4. This was up, however, from its 2019 score of -10.

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Twitter also saw an improvement from its 2019 score of -15, however its perception is still in the red, with a net score of -7.

Facebook is perceived to be very unethical across the board, with just 27 per cent of Australians deeming it to be an ethical platform and 45 per cent thinking it to be unethical, for a net score of -18 (up from -24 last year).

New app TikTok scored worst, with a net ethical score of -24 (it was not available last year).

The findings, marketing experts said, provide insight into how sole practitioners and boutique law firm leaders can be marketing their businesses and services moving forward.

How boutiques should market themselves

The results, Loyalest director Mel Telecican said, seemingly demonstrate that media sources that curate content are perceived as more ethical than other media sources that largely do not, such as social media.

“These perceptions tell us that people place more trust in curated media sources however I believe it also tells us that people do not trust what they do not use or are not confident in using,” she mused.

“While the list of most ethical media sources is interesting, it does not take into account the amount of time people spend on these platforms. The time they spend on the platforms they perceive as unethical may not directly relate to their actual behaviours.”

Create Design & Marketing director Sascha Moore (pictured) said that the lesson to be learned from the Ethics Index is that strategy will always trump tactics.

“On this note, it’s important to remember that the channel – whether social, media, or other, is just the vehicle to deliver the firms’ message. From a marketing perspective, the channel’s purpose is to relevantly engage with clients,” she advised.

“The more prudent consideration, therefore, becomes: ‘which channel allows the firm to most effectively connect with clients in a meaningful and relevant way?’ When choosing the channel, firms should firstly assess whether their clients are actively engaged with the medium.

“Then, consider whether the channel is aligned with the organisation’s integrity, practice area, and messaging. Also, keep in mind that clever client interaction doesn’t necessarily need to cost a fortune.”

A lawyer’s or firm’s platform of choice for marketing should always be one that aligns with the strategy and practice area/s of that firm, Ms Moore continued, so as to maximise opportunities for client engagement.

“A ‘rookie error’ is to select a medium based on the number of viewers, otherwise known as ‘audience reach.’ Keep in mind that this means nothing if the respective audience doesn’t align with the firms’ client base. In other words, numbers can be alluring, but it’s a false confidence which will likely have limited results. Engagement with the right clients is the right metric,” she explained.

“And, contrary to popular belief, you’ll catch bigger fish with a tighter net – meaning the more targeted you can be, the more qualified clients you’ll attract (and often with much less resource). That said, you need to have a firm understanding of your client profile to determine where to fish (a.k.a. which channel to invest in). Be sure to consider demographics (age, sex, location, etc) as well as psychographics (attitudes, behaviours, and so forth). Look to your current client database for these insights, and in particular, common client traits and corresponding trends.”

Which platforms you choose to use when marketing yourself as a lawyer or law firm should also always start with where your target audience spends time, Ms Telecican added.

“Many people make assumptions about where they think their audience is, but to know for sure I recommend sending a short survey to ask your client base which platforms they use and allow them to list more than one. You may be surprised by the results,” she said.

“Steer clear of using media sources just because your competitors are there or you think you should be present. The proof can be found in where your leads and referral traffic comes from. So, ensure you look at your web analytics and ask people when they first come to you where they heard about you or your firm. It’s a simple question to add to your regular process and can help give you clarity about where you should be spending time and resources.

“If you’re not marketing on LinkedIn, I recommend ramping up your visibility there. While many lawyers believe their client base isn’t on LinkedIn, the reality is your referral network is, so it’s wise to be top of mind for them, not just your prospects.”

Considering the current climate, Ms Moore suggested a need for “tonality”, which she said means that one’s message and channel need to be in accordance with the world in which we are currently living, and recognising that “this is very different to yesterday due to the widespread impacts of COVID-19 pandemic, prolonged drought and bushfires locally, as well as the macro-economic factors”.

“Accordingly, client circumstances and requirements have often substantially changed. This turbulence requires astute, and agile decision-making about all aspects of business, including leadership, operations, infrastructure, communications, sales, marketing, customer support, and so forth,” she posited.

“Law firms should be open-minded as to how to most effectively reach clients, though avoid gimmicky or ‘off brand’ mediums that are not currently appropriate. They may be worth considering in the future, but the future is not today. On this note, precedence does not apply in the new world and ‘doing what you’ve always done’ is unlikely to demonstrate considerable results. The choice is to either be proactive and embrace change or suffer the consequences of being a laggard.”

In relation to social media, Ms Telecican reflected, what marketing professionals see on these platforms is a mix of people which is reflective of the greater population.

“So, being on these platforms means that users are exposed to a range of people who use the platform with varying intents. It is no different to what appears on the web at large so why would we not use them?” she explained.

“LinkedIn sits considerably higher on the ethical score than Facebook, Instagram, Twitter and Tik Tok because people treat it as a professional platform and behave accordingly. As a platform that positions itself solely for business and career there are inferred expectations about the type of content posted there, whereas the other social media platforms are far broader in their purpose as they are designed for significant mass adoption.

“Social media platforms are an excellent place for lawyers and law firms to be visible and have control over their own narrative. Those that use social media well have control over what is published and have a great opportunity to connect and develop rapport with people, just like they would do in client meetings, but at scale. Lawyers now have this great opportunity for more people to see exactly how helpful, trustworthy and personable they are.”