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ASA Online Advertising Clamp Down

By Shireen Smith 

 
Shireen Smith is a solicitor specialising in intellectual property, technology and internet law. Shireen qualified over 20 years ago and founded Azrights Solicitors 6 years ago. Azrights focuses on helping small and medium enterprises protect and exploit their investment in brands, design, and technology, and advises them on doing business online. Looking after SME clients requires unique skills and knowledge; client needs from an IP lawyer are subtly different to those of big business.

The Advertising Standards Authority (ASA), the UK’s advertising watch-dog, was given a broader remit to regulate online marketing earlier this year, bringing adverts on social networking sites like Facebook and Twitter under the same controls as traditional media.

 

The ASA’s Previous Position

Previously, the ASA regulated the content of paid advertisements online, sales promotions and direct e-mail marketing in the UK. Investigating complaints and assessing whether paid advertisements are in line with standards requiring, for example, that they do not mislead customers or exaggerate offerings. This was more limited than the ASA’s authority offline, and did not cover messages on companies’ own websites, or free advertising space where control is in the hands of the provider.

 

Extended Remit Benefits Customers

In 2008-09 the ASA had to reject 3,500 complaints, partly due to the fact that some online marketing was not within the scope of its regulatory role. Now, the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) applies in full to online marketing, and the ASA will take into account misleading advertising, social responsibility and the protection of children online. The ASA therefore now also has authority over unpaid marketing communications on, for example, a company Facebook page.

 

What is the impact?

Since its remit was extended, the ASA has targeted a number of businesses online, including providers of homeopathic treatments where, after receiving more than 150 complaints, the authority asked online advertisers to refrain from making ‘claims directly or indirectly that homeopathy and homeopathic products can diagnose/treat/help health conditions’.  TripAdvisor.com also came under scrutiny, after recent allegations that many of its online reviews are faked.

 

So, online businesses should be wary, if they weren’t already, to avoid misleading customers or exaggerating their offerings when marketing online.  Where websites host non-compliant communications, the ASA can request that search engines take down paid links to those sites, and might even choose to run their own adverts to publicise non-compliance with the rules.  If they refuse to comply, advertisers can also expect to be referred to the Office of Fair Trading, and possibly face legal proceedings.

 

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Legal sector sees drop in retirements at Partner level

 

Study highlights:

• Number of partners retiring each year has fallen by a third in the last 15 years
• Total number of solicitors has risen at twice the rate of partners over same period

 

One in three (33 per cent) lawyers within private practice think their career progression is being stifled by a lack of opportunity within their firms, according to research conducted by international legal recruitment specialists Laurence Simons.* 

In a survey of more than 200 lawyers working in private practice, one in seven (15 per cent) feel their pursuit of partnership is being hindered by the reduced number of partners retiring in their firm. This indicates that the 30 per cent decrease in partner retirement and those leaving the profession each year (down from 12 per cent to 8 per cent) over the last 15 years** is having a knock-on effect on the career paths of those throughout the legal sector. Just seven per cent of lawyers specified ‘a lack of colleagues moving to work for other firms’, as their rationalisation as to why their climb up the legal ladder has decelerated.

What is the optimal age for a legal professional to start a family?

 

Study highlights:

• Laurence Simons survey found 31.6 to be the optimal age for legal professionals to start a family
• Female respondents perceived 32.3 to be the most favourable age to have their first child
• Male respondents would ideally start a family at the age of 30.6
• The average in-house lawyer at the age of 31.6 will compromise £75,287.84 in earnings during a 12 month maternity period earning statutory maternity pay
• The average lawyer within private practice will compromise £68,678.72 during a 12 month maternity period earning statutory maternity pay

 

Laurence Simons has conducted a survey of 300 international legal professionals asking at what age they feel it is optimal to start a family, so to not impact on their careers. On average, respondents felt that 31.6 would be the right age to start a family.  

 

Marketing private client law: Forget CRM, it’s all about RRM

By Douglas McPherson

Douglas is Director at Size 10 ½ Boots, a business development agency that works solely with professional service firms.Tenandahalf help their clients grow by winning more new clients and by generating higher fees from their existing clients. Due to their innovative methods, the marketing of private client services is now an area in which Tenandahalf lead the market.

There is so much been written about CRM (client relationship management) but the truth for a private client or family solicitor is that the opportunities for repeat business are limited to a very small percentage of your client base.  However referrers – or, if you prefer, intermediaries or introducers – remain the life blood of any successful private client practice.

I don’t think it’s an exaggeration to say that without forging productive referrer relationships the likelihood of you being found by prospective clients diminishes massively.  With that in mind is it not time to embrace RRM (Referrer Relationship Management)?  Surely in the private client world it’s even more important to manage those who bring you the work in a systematic fashion?  

The benefit of having clients referred to you is simple.  As your name’s been passed on by someone your prospective client trusts, when the client gets in front of you they’re pretty much ready to buy. This cuts down on providing quotes and the time required to chase those quotes and allows you to just get on with the work. It’s not a massive leap to recognise that more of this type of work will soon see your utilisation and profitability rise dramatically.

The only trouble is, are you spending enough time with your referrers to make sure you get the highest level of referrals? Are some dropping between the cracks? Are you spending time with the right referrers?

 

Here are three tips to get you started on the road to effective RRM:

• Take time to work out who your most productive referrers are and stick to them. It's natural to gravitate towards the people you like but these may not be the best sources of work so make sure you are seeking out the right kind of people. Be organised, note down who’s given you what and what you’ve given back so you can categorically identify your most important referrers – and call in the favours owed

• Remain disciplined and be selective. Don’t cast the net too wide as you will only ever have so much work to give back

• Organise your diary to allow you to spend time with these people on a continual and consistent basis. Make sure you have two or three calls a month scheduled and make time for one face-to-face meeting a month to complement the calls. Other lawyers want your referrers, don’t lose your best contacts because of inactivity or anything that could possibly be construed as disinterest

 

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