It is imperative that prior to embarking on your winning direct mail campaign that you consult with your state disciplinary commission or other entity as to the rules governing direct mailings. It is not an uncommon occurrence for significant time and expense to be put forth by a motivated lawyer to create and produce a great direct mail piece only to learn later that it must be modified or is not approved at all.
If at all possible I would suggest hand delivering the sample direct mail piece you have created to the relevant legal authority governing direct mail solicitations within your state. At that point please be sure to return to your office with some form of proof that your direct mail item has been delivered to the relevant agency; I prefer a file stamp on a provided item that I submit in person while dropping off a duplicate.
Unfortunately, in my state ultimate approval for a mail piece will not formally be communicated. Rather, a mailed acknowledgement is sent to the lawyer at a later date acknowledging receipt of the direct mail item that you propose to direct to those who have been arrested and in need of services in your state.
As I have created and experimented with many failed direct mail items, I can speak with experience that one must cover their backside so as to possess proof that all legal requirements and processes have been followed.
For example, although written acknowledgement should be forwarded to me within my state that my direct mail piece has been put on file, there have been times when I have not received such a confirmation. It is for this reason that my earlier recommendation to submit a duplicate copy for filing and retention of your piece is a worthwhile practice.
Although there may undoubtedly be roadblocks in regard to what must be printed or provided to potential clients within a proposed mailing, I have found that with a little creativity one’s ability to put forth an effective sales presentation on your behalf should not be affected. I fact, I have learned that the more obstacles or inconvenience put in the way of a competing lawyer, the more apt that lawyer is to go away or simply create the same boring and regulated mailing that every other lawyer in your community will throw in the direction of an individual; a proposed client who will never give such a mailing a second look.
In all of my years of practice and multiple pieces that I have created, I have never once been asked to modify a submitted mailing.
The above board practices that I insist upon have effectively insulated me from the potential complaints of other lawyers. More importantly, my direct communication to potential clients has been presented in such a way as to instill hope and confidence within those who feel vulnerable following an arrest. As a result, it is appreciation that I will most typically receive from those who receive my legal information, not complaints.
Once again, I urge you to consult with your specific state as to any and all direct mail requirements and/or prohibitions that may exist within your legal jurisdiction as I am only versed on the simple requirements that exist within my own state.
Following your proper adherence to all relevant legal requirements for direct mail in your state, you will be well on your way to having your legal practice prosper with a new successful avenue of legal marketing. More importantly, you will finally be in the enviable position of gaining the gratitude of many people who simply do not know where to turn following an arrest through the most effective legal presentation that I am aware of.