Law and Innovation – Marketing in Law

The main purpose, without a doubt, is to effectively communicate the satisfaction of specific needs through the dissemination of products and services.

Currently, the possibilities in digital marketing are varied. Diversification occurs from the dissemination of content on different platforms (articles, e-books, videos, lives, podcasts, newsletter), the use of paid advertisements, sponsored posts and landing pages to automation focused on generating leads, virtual assistants, CRM , big data analysis and mobile marketing.

The main purpose, without a doubt, is to effectively communicate the satisfaction of specific needs through the dissemination of products and services. In this sense, marketing 4.0 relates to the human-centered approach from the premise of adapting to the changing nature of customer choices in the digital economy through empathetic listening and immersive research regarding the interaction between humanity and digital interfaces1.

It is not new that this scenario has also changed the form of communication, contact and relationship between lawyers and society, however, the exercise of this public office prevents the unrestricted adoption of digital marketing tools. This stems from the normative and axiological framework present in the Code of Ethics and Discipline (CED) and in Provision No. 94/2000. In summary, advertising in the legal profession will be sober and discreet, with an informative nature, in a manner compatible with the profession, being prohibited its use with market characteristics, as well as to attract irregular clients.

This is the context in which the initiative of the Federal Council of the OAB to propose, in a dialogical and participatory manner, the updating of the regulatory framework for professional advertising in the legal profession is appropriate and appropriate. Now, if there have been significant changes in the social dynamics, it is necessary that the regulation based on clear and assertive definitions stipulate the ethical and normative limits by which the discretion and sobriety required by the CED must be achieved.

Therefore, the balance between exaggerated detail and the flexibility inherent in broad and subjective concepts is essential. The trend in digital marketing is also that of exponential innovation, that is why the importance of clarity in the regulatory framework, so that the transformations do not harm its effectiveness, always being guided by the dignity of the profession, informative character and prohibition to commercialization and irregular customer acquisition.

1 KOTLER, Philip; KARTAJAYA, Hermawan; SETIAWAN, Iwan. Marketing 4.0: from traditional to digital. Rio de Janeiro: Sextant, 2017.

By: Wilson Sales Belchior