The Marketing Attorney Blog

Chair's Column

By Micah Buchdahl

This is part one of a two-part column on the hotly contested topic of law firm and lawyer ratings and rankings services. Part two will detail the results of the program and accompanying attendee survey from November’s ABA Law Firm Marketing Strategies Conference.

Part Two of the Column will appear in the April issue of Law Practice Today.

CLICK HERE TO READ THE COLUMN

Posted by Micah at 01:48 PM

February 13, 2010

Free Online Marketing: Billable hour cost - $468.75

A quick look at my blog will confirm to you that I need to practice what I preach...and that I'm a terrible blogger. The problem with playing in the online world of blogs, Facebook, LinkedIn and their brethren is that they do not work for a lot of people like me--that have no billable time left in the day for business development.

Of course, I basically teach business development for a living. So you would think that after a day of yelling at the attorney who tells me he or she can not find the time to market that I might set a better example.

So while preparing a law firm's lesson plan for a how-to on utilizing social networking effectively, I decided to try and set a better example. First, I negotiated with the wife to take the kids out of the house on a Saturday for a few hours. Second, I in turn had to trade off a weekend visit to the gym to conduct this bold experiment.

I timed how long it took to promote an upcoming CLE speaking gig on a bunch of web sites...at no cost to me but my time...after finding the link to the CLE on the Pennsylvania Bar Institute web site, I proceeded to promote the program on one of my web sites, on this blog, on Avvo, on Justia, on LinkedIn, on Facebook, on Twitter, on Martindale Hubbell Connected...and 90 minutes later...that one upcoming event had been posted all over the place. My cost in time? $468.75.

I'm going to need to skip a lot of visits to the health club, because I'm probably about three dozen publications and at least another dozen speaking gigs behind...easier said than done.

The moral of the story...pick the one or two places you think will best position your data for success.

Posted by Micah at 02:13 PM

Friday, Februry 19, 2010--CLE with the Sixers: Lawyer Online Marketing Ethics – Dos and Don’ts of Advertising Your Law Practice in a Web 2.0 World

What better place to repeat the ever-popular "online marketing ethics" course for lawyers than in my old stomping grounds, before a Sixers game at the Wachovia Center...where I was an in-house attorney back in the day.

This new PBI program includes an hour of ethics CLE and a Sixers game against the San Antonia Spurs. To learn more or to register, visit the PBI Site.

The possible tools are endless – web sites, blogs, LinkedIn, Facebook, search engine optimization, referral resources, e-mail, etc. – and so are the ethics opinions, rules and interpretations of state bars coast-to-coast. Thinking about the states where you are licensed, where you have offices and where you seek clients…and staying compliant is enough to make your hard drive crash. This one hour program will examine the tools and the rules, so you can go out and use the business development opportunities on the Internet without running astray of the Rules of Professional Responsibility.

Posted by Micah at 12:53 PM

September 08, 2009

NLJ Op-Ed Piece Addresses Lawyer Advertising Rules

OPINION
Archaic rules hobble attorneys
Businesspeople and consumers would laugh at advertising limits on lawyers.

Micah U. Buchdahl

September 7, 2009

As the economy sputters and every morning's inbox is greeted with news of law firm layoffs and "out of business" signs, it highlights an obstacle to the business of law that is unique to this profession — often-stringent state bar rules of professional conduct related to advertising and marketing. For the past 30 years, state bars have taken a roller coaster approach to regulating lawyer advertising. However, the rules continue to block entrepreneurial lawyers and firms from soliciting and acquiring business at a time when "anything (ethical) to survive" should be the mantra.

Consumers and businesspeople alike would probably laugh at the regulations that are in place nationwide. In what essentially amounts to a federalist debate, attempts at national uniformity by entities such as the American Bar Association are met with resistance by the real owners of power, those who regulate all of our law licenses at the state level.

There is a laundry list of requirements in some states that range from preapproval filings of all lawyer ads to clumsy disclaimers. Enforcement arms of the state bars range from near-fanatical oversight to general uninterest. In a multi­jurisdictional practice world, firms need to monitor changing rules in dozens of states, with the result being that practice capabilities and competitiveness are hampered in a major market because of the need to comply in a small "satellite office" state. For example, a 500-lawyer firm with 495 attorneys in Washington, D.C., three in Florida and two in Connecticut would have to comply with the two latter-named states, even if the practice there was limited to a particular client or practice group. In a world dominated by online communication, this is more troubling than it might appear.

Attempts at heavy-handedness meet with mixed results in states such as Florida, New York, Connecticut, Louisiana, Missouri and New Jersey (to name a few). In recent years, some of the world's largest and most prestigious corporate law firms were forced to either scrap or change the way they sent out informational client alerts, due to the implied need to slap the phrase "ATTORNEY ADVERTISING" on the subject line of an e-mail. Pardon me, but I highly doubt the recipient, perhaps the general counsel of General Electric Co. or Johnson & Johnson, is hornswaggled (a legal term of art) by the trickery of a tax law update from Sullivan & Cromwell. I think the "this is not legal advice" disclaimer on the bottom probably would suffice.

Historically, through a slew of ethics opinions and court challenges, nobody has ever been able to show any data that suggest people have been harmed by lawyer advertising — accurate, misleading or otherwise. The concept that a loud and splashy TV ad for a personal injury firm, a law firm-sponsored "divorce seminar" at the Holiday Inn, or simply a brand-identity print ad in an industry publication involves varying degrees of trickery is simply unsubstantiated. And the underlying anti-advertising critics at many state levels are simply attorneys who just do not like it — and get on a small committee that can do something about it. Such is the way that law firms and the bars that regulate them operate.

Listen — (some) lawyers are smart people. We specialize (a word you better not use in your lawyer advertising…lots of words are violations) in the art of finding loopholes in laws, statutes and cases. The result is that the controls do not work anyway. Those harmed are often the average Joe or Joan Attorney just trying to promote his or her practice. A review of rules and opinions shows that those on the regulating committees are often out of touch and far removed from the realities of business development. Even in traditional advertising circles, trying to make sense of Facebook, Twitter, blogs and search engines can be a challenge. For old-tyme practitioners, it is just ridiculous. The opinions often show a lack of understanding. They are still stuck on Yellow Pages advertising (now that is archaic). The results are often laughable. Marketing methods continue to evolve — these folks are way behind the curve.

What exactly am I advocating here? Let ambulance-chasing lawyers run amok? Isn't that the real image and concern behind these arcane rules? Open the floodgates with distasteful and unprofessional billboards, Web sites and commercials? No — just let law firms market the way nearly every other business does. There are state and federal regulations that address consumer fraud and misleading claims. Let them deal with it. Many lawyers and law firms are trying to survive and prosper. The very people who should be helping them should start thinking about not being obstacles to their ability to earn a living. (Some) people are smart. They know the difference between a commercial and the news. I think they can figure it out.

Micah U. Buchdahl would like to say that he is an attorney who specializes in law firm marketing and business development, with particular expertise in advertising ethics. However, the words specialize and expertise would be a violation of lawyer advertising regulations. He is chairman of the American Bar Association's Sec­tion of Law Practice Manage­ment. He can be reached at micah@htmlawyers.com.

Posted by Micah at 11:35 PM

August 15, 2009

ABA Law Marketing Conference "Early Bird Rate" Expires August 31

The ABA Law Firm Marketing Strategies Conference takes place November 12-13, 2009 at the Four Seasons Hotel in Philadelphia, PA. If you want to attend the nation's leading "by lawyers, for lawyers" marketing and business development conference, the expiration for the $595 early bird registration expires August 31.

Compare the program, faculty, venue and cost to any law marketing program...including two breakfasts, two lunches, networking reception, and two elite keynote speakers.

Topics covered include:

PR and Media Relations
Social Networking
Women Rainmakers
Advertising Ethics Issues
Rankings and Ratings
Technology Tools
Branding
Client Satisfaction Interviews
Niche Marketing
Community Involvement
Associate Development
Seminars

Due to space restrictions, the conference is limited to 200 participants.

Posted by Micah at 05:16 PM

July 09, 2009

Facing Facebook and Tweeting with Twitter

GCs Come Up Against Social Networking Sites, Like It or Not

The following article appeared in the June issue of GC Mid-Atlantic.

By Micah U. Buchdahl

What are you doing? In 140 characters or less: "I am writing an article on the impact of social networking sites, such as Twitter and Facebook, on in-house counsel for GC Mid-Atlantic."

That "tweet" uses just short of the maximum 140 characters (136 to be exact) for a Twitter post. It avoids TMI ("too much information" for the non-texting crowd). And knowing what it is and how it works is imperative.

Recently, the chair of a law firm's professional responsibility committee ordered me to "go print out LinkedIn." Besides being short of time, paper and toner, he showed his hand. He had no idea what LinkedIn is or how it works. Yet, he wanted to create firm policy regarding its usage.

As the protector and advocate of a company, you simply cannot afford to be naïve. The continuing advent of social networking creates both issues and possibilities for in-house counsel.

The Need to Know

As someone who speaks and advises law firms on ethics issues related to online efforts, including lots of focus on social networking in the last year, I did not want this column to be about ethics. As lawyers, we all know the hot-button issues. Unlike attorneys at law firms, where there is a business development or advertising goal (be it direct or underlying), the in-house audience is not soliciting.

Whether you are "poking" a friend on Facebook or "tweeting" on Twitter, the social networking phenomenon is everywhere -- including the offices of top executives at some of the world's largest corporations. For in-house counsel responsible for protecting a company in areas ranging from intellectual property to employment law, from advertising regulation to communications, the need to have a working knowledge of these online entities is critical.

The "need to know," however, expands well beyond the responsibilities of protecting your company. Some in-house counsel have utilized these networks in the selection and vetting of outside counsel. In some cases, it is simply reading what is out there in regard to a specific attorney or firm. However, others have proactively used the tools to find counsel. This might involve simply checking your own social network for people that practice in an area or jurisdiction where you require assistance.

On Twitter or Facebook, for example, you might search your network or the vast entity itself for a "Tennessee immigration law firm." You might contact someone based on the expertise they show through their online portfolio, or perhaps "bingo," there is an old law school classmate that you can reach out to. On LinkedIn, you may do the same type of searches, but can also check your network to see if you have any direct or indirect connections to the expertise you require.

Drawing the Line

"I use LinkedIn for my business-related social networking. I use Facebook for my non-business social networking. I use Twitter for news-feed types of updates, for the most part, and I also read tweets from my friends," said Todd A. Borow, senior corporate counsel at Johnson Matthey and current president of DELVACCA. "I would not be interested in receiving business-related tweets on Twitter. I occasionally get requests on Facebook from business contacts, but I do not approve [them]. I instead direct my contacts to request me as a connection on LinkedIn."

While the Facebooks and Twitters of the world are largely built around a more informal, casual online relationship, LinkedIn is in many ways the opposite. It is built around your business and professional world. Both entities work. Consider it the difference between hiring someone you clicked with at a cocktail party versus making a selection based on reading an article or attending a CLE program.

As is the case with almost any area of business today, there are plenty of similar online networking tools geared toward your specific industry. It might be pharmaceuticals, automobiles or physicians. In the case of those focusing on the "legal" industry, sites such as Martindale-Hubbell Connected and Legal OnRamp are considered networking tools specific to lawyers and targeting in-house counsel.

For Martindale, the Connected network is an appropriate extension of its age-old directory. In the pre-Internet world, few would dispute that Martindale was the key resource for in-house counsel "looking up" attorneys based on practice and geography. However, that tool has lost its significance in this generation. This is a wise effort by Lexis-Nexis to rebuild the brand for today's market.

On the flip side, Legal OnRamp is a product of the Web world -- designed to provide a community for lawyers to interact and, in some cases, seek counsel, business and employment opportunities.

"I do note that many companies, like mine, block Web sites that are considered to be social networking sites and not business networking sites," said Borow. "At my own company, Facebook and MySpace are blocked, which further emphasizes my point that these, as well as Twitter, are not the appropriate Web sites for lawyers to use for their marketing efforts," he continued.

For that reason, Borow maintains that the legal-specific networking sites are more effective if the goal is to market legal services to his audience.

Yet these sites are coming into play every day on the practice side of things. These create potential issues for attorneys, their employers and their businesses.

Unavoidable Issues

Lawyers are struggling with issues of monitoring site usage and dictating company policy. While Borow mentions some sites being blocked in the workplace, these same sites are often heavily used for marketing and recruiting in some places. All of the content is discoverable and can and will be used against you in a court of law.

In June, nearly every in-house counsel and intellectual property lawyer had to stay on top of potential trademark issues dealing with Facebook domain names. The power of Facebook and the potential dilution or missue of corporate trademarks necessitated registration action. Failure to understand the site and the impact would be a serious misstep.

Your company's marketers are likely crafting sophisticated social media programs that have complicated strategic objectives and metrics. They are used to provide value, and they involve two-way interaction between the audience and the company or product. While the Internet itself has created numerous difficulties in maintaining control over your intellectual property, a key element to remember is that in the world of social networking, you simply do not maintain control over your message.

It is not just the marketers -- your communications department is involved in moving traditional PR efforts to these networks. Internally, your company may be using a Facebook page as a communications tool as well.

Remember that all of these networks have terms of service guidelines (which may change with little notice). There are numerous social media monitoring tools to stay aware of the conversations that might be affecting your brand. Make sure the company messages are consistent from one social site to the next.

Besides company usage policies, you need to address certain considerations when communicating through these sites with clients, need to identify possible issues including confidentiality, communications with counsel and the need to be truthful and accurate with statements.

Another important area affecting your job is in monitoring the company's use of such tools for recruiting and hiring. It is yet another area that requires rules and policies.

"Savvy employers will make use of these networking tools," said Margaret M. DiBianca, an associate in the employment law group at Young Conaway Stargatt & Taylor in Wilmington, Del., and editor of the Delaware Employment Law Blog.

"Employers should proceed with caution when looking for potential job applicants. Anyone can create content and post it online, which means you could hire someone based on false information. And if you decide not to hire the applicant, the information you found on the Internet could be used against your organization to support a discrimination claim."

DiBianca also warns that there are limits to how far you can go in keeping tabs of an employee's blogs, instant messages and social networking sites.

Conclusion

There is no end in sight to the impact of the Twitters and Facebooks on the profession. Recently, a judge in North Carolina was reprimanded for "friending" a lawyer that was involved in a case before him. Issues involving twittering jurors (in the middle of a trial) have led to numerous cases heading for appeal. Last April, as Pennsylvania Sen. Vincent Fumo's trial finally headed to a verdict, a juror's Facebook musings were enough to have Fumo's legal team seek a new trial.

It is no longer about whether you want to try this stuff out; you had better know how to tweet. •

Micah U. Buchdahl, a former in-house counsel, is president of HTMLawyers Inc., a law marketing consultancy based in Moorestown, N.J. He is chair-elect of the American Bar Association's law practice management section. Buchdahl can be reached by e-mail at micah@htmlawyers.com or by phone at 856-234-4334.

Posted by Micah at 09:17 AM

May 11, 2009

Midsize is the new BIG. The Ultimate Law Firm Recruiting Video

Partner Steve Johnson is finding that life at BIG LAW in the BIG CITY is no longer all he had hoped for. After finally getting a "sit down" with the Managing Partner, he comes to the realization that his career needs a change...maybe a midsize firm will be more to his liking.

This video was originally created for a midsize law firm's recruiting campaign. However, the sit-com format proved a little too hot to handle. Maybe you recognize Steve's plight...

Posted by Micah at 10:42 PM