HOW TO PROMOTE SERVICES THAT CANNOT BE ADVERTISED

One might assume that the right to freely advertise, market, or promote one’s offerings is granted to every entity operating in the modern marketplace. However, there are industries in Poland that must carefully balance the promotion of their services with strict regulatory compliance. One such industry is the legal sector.

Until May 2023, the Code of Bar Ethics (Kodeks Etyki Adwokackiej) virtually prohibited any marketing activity conducted by law firms and strictly forbade personal promotion by advocates. The prohibitions included, among others:

• placing advertisements in the press or other mass media,
• promoting oneself, the law firm, or its operations during media appearances,
• authoring press, radio, or television reports related to cases in which the advocate provided legal assistance,
• paid placement of press articles or broadcasts which, under the guise of objective information, served to promote the advocate or their firm,
• commenting in the media on one’s own cases.

What was the result? Large law firms employing advocates were unable to freely carry out marketing or communication initiatives. Although the 2023 reform of the Code introduced a more liberal approach to the promotion of legal services offered by advocates, such promotion remains strictly regulated by both legal provisions and professional ethical standards. For instance, comparative advertising and the use of emotional appeals in marketing or communication remain prohibited.

So how can law firms effectively communicate with the market?

For law firms, the most important objective should be to establish a distinctive market positioning—meaning a consistent and compelling narrative about the firm—as well as to support key lawyers in building their personal brands. How can this be achieved?

• Define strengths and weaknesses: The firm should begin by clearly identifying its key strengths and weaknesses, and based on that, create a coherent market positioning. Firms that attempt to brand themselves as “generalist” law firms typically face a weaker starting position compared to those that focus on promoting their strongest practice areas.
• Be where the clients are: Law firms must be present in spaces where their potential clients and most important stakeholders operate. This includes participation in economic forums, industry-specific debates, and organizing unique client events that help strengthen personal relationships.
• Demonstrate strategic understanding: Lawyers should present themselves not just as legal advisors, but as trusted strategic advisors who deeply understand their clients’ industries as well as the broader business and political landscape. Speaking at conferences or providing expert commentary in the media gives them the opportunity to showcase not just legal expertise, but a wide-ranging understanding of the external environment.
• Leverage modern media channels: Law firms and their attorneys should actively utilize new media channels—such as LinkedIn, podcasts, or video platforms—to build their expert image. In today’s environment, publishing articles in trade journals or sending newsletters is no longer sufficient to reach prospective clients.

With carefully designed strategies, law firms can now carry out effective communication and marketing activities that contribute directly to achieving their business objectives. All that is needed is a bit of courage to move beyond traditional paradigms.