Sitting square among the AmLaw 200 is Boies Schiller Flexner, a litigation boutique that not only boasts annual revenue of $246 million, but also is a role model for the aspiring entrepreneurs working in Big Law.

It all started in 1997. David Boies was a partner at Cravath, Swaine & Moore, and according to Wikipedia lore, a major client objected to his representation of the New York Yankees. Boies left within 48 hours to start his own firm.

Three decades later, Boies Schiller is still a litigation boutique…but one that reports 153 total lawyers, 13 offices and $2.5 million in profits per partner. (And the entrepreneurial beat goes on: As Boies Schiller itself became Big Law, it has spawned at least one spinoff firm of its own.)

While the scale of Boies Schiller may be distinctive, the origin story is not unique: Every year, Big Law lawyers leave to open their own shops.

And these attorneys – who are accustomed to Big Law marketing resources and on-call expertise – often find themselves cobbling together DIY solutions or chasing short-term solutions that bring long-term consequences (and expense).

If you’re considering hanging your own shingle, here are three marketing pitfalls to avoid:

Losing Logo Rights. Your new firm needs a logo. And while it need not be a break-the-bank expense like CitiBank’s $1.5 million mark, it must be one that you fully own.

Startup law firms can get into trouble in several ways:

• Crowdsourcing: Websites like 99 Designs, for example, allow you to conduct logo design contests. Freelancers submit ideas, you pick a winner, they get paid. How do you know your logo doesn’t infringe on anyone else’s copyright or trademark? You don’t. (The company states it clearly: “The onus is on you.”
• Canva: The DIY website Canva makes millions of design elements available. Some are free, some require a small monthly fee. The website says you can “customize your logos with our library of vectors, graphics, icons and illustrations.” Read that carefully: Your logo, our library. Canva maintains all intellectual property rights to these images, so it effectively owns your logo.
• Moreover, Canva is indeed a library – so if you use a Canva icon in your logo, there is nothing to stop anyone else from doing the same. You have zero resource for infringement if the same icon is adopted by the law firm down the street (or worse).
• Contracts: If you make the correct choice to use a qualified designer to make you a custom logo, ensure your contract states that you own the final product. Look for language like “All work created specifically for Client under this Contract shall be considered ‘work for hire’ and all intellectual property rights are owned by the Client upon full payment.”

What to do: Hire a designer with experience and expertise in law firms – and ideally the type of law you practice. Emphasize that your logo must be proprietary and ownable. Enforce your IP rights with smart contract language.

Renting, Not Owning, Your Website. It sounds promising: For a reasonable monthly fee, Company X will host, design and update your website. No effort needed on your part; no cash outlay required.

The problem: In many of these arrangements, you don’t own your website – you’re basically “renting” it from the company. If you ever want to switch, you’re out of luck. They may own your URL (i.e., www.firesignmarketing.com), so if you want a new site, you have to start over with a new name…and fight with them to take down the old one. (And have fun changing your email address everywhere.)

They may also use a proprietary content management system (CMS), the back-end software that runs and renders the website itself. And some of these work really well! But when it’s proprietary to the company, only that company can make back-end changes. You can never hire another agency or freelancer to update your site; you are a hostage to their CMS.

One final cautionary tale: We have seen law firms hire agencies that do not give them access to their site at all – and yet empower these agencies to draft and post informational content, like blog posts. If an article is factually incorrect or counter to the firm’s position, the lawyers have to navigate a draconian customer service process to have it removed.

Lawyers leave. Typos happen. Laws change. You must have access to your site; you must be trained to make basic changes; you must know that at any point you can find another resource to manage your site.

And you absolutely must own your URL.

What to do: As soon as you decide on your firm name, purchase your URL through a reputable source like Network Solutions, HostGator or GoDaddy. Then, take the time to find a website designer that prioritizes your ownership of the site itself – and your long-term access to it.

It’s smart to build your site on WordPress. It’s a CMS that is flexible enough to accommodate your design preferences but common enough that it will be easy to find someone to help maintain the site (or to find a YouTube tutorial to guide you through basic updates).

With any designer or agency, again, insist on full ownership of the site through smart contract language. And pay in full for it; most agencies will allow payment plans for startup firms, and in a couple of years, buying your site will prove more cost-effective than renting.

Going with a Generalist. Within your network, you probably know a dozen marketers, and most of them are likely very talented. Yet how many will start with a solid base of knowledge in your practice – and more critical, a thorough understanding of lawyers’ ethical obligations? Well-meaning and talented marketers can (and have) mistakenly include forbidden terms like expert, specialist or guarantee ... and when you’re busy opening your firm, you may miss these transgressions.

Engaging a marketing generalist can actually result in more work for you, as you will need to spend more time educating them on your services and market (or rewriting their material). And it won’t matter to the state bar association if your website is beautiful or innovative if it violates the Rules of Professional Conduct.

What to do: Seek marketing help that specializes in legal. We recognize that before you’ve launched your firm, your plans may be confidential; you are not in the best position to ask around for recommendations. If you’re not sure where to start, check out marketing articles on industry sites like JD Supra or review industry accolades, such as the Lawyerist’s Best Law Firm Websites roundup.

Find an agency with a point of view that corresponds to yours. Ask to see examples of their work, and ensure they have a proven process that will keep your projects moving forward.

There’s a lot more to do, of course – from nailing your brand positioning to crafting compelling evidence that your new firm is a safe, reliable choice. But starting out with clear ownership of your key marketing assets and true expert help will save your startup significant time, money and heartburn. (And just might help you create the next Boies Schiller.)