Internet Marketing

Published on: April 22, 2014

LinkedOut and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice

It is hard to believe that I’ve been teaching the “advertising/marketing” ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I’m repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound and feel ancient.

As usual, I will be presenting this PBI program live in Pittsburgh and Philadelphia in April, August and December of 2014. My April programs take place on the 24th in Pittsburgh and 29th in Philadelphia–from 11:30 am-12:30 pm. For more information and registration, visit PBI.

Course Description:

Published on: April 21, 2014

Lawyers Shifting Facebook Strategies

by Micah Buchdahl

Like and Like. This is like two Facebook posts in one.

For my April 2014 contribution to Web Marketing Today, I return to a topic that I last covered just 11 months ago in May 2013. So much has changed in the social media space in a relatively short time. The players are still the players. But with Facebook changing–more focus on mobile and more focus on revenue (advertising options)–you simply can’t sit around and stay status quo.

On the marketing side, it has certainly gotten my attention. Many law firms are finding that Facebook provides brand awareness options that are sharper, cheaper and more focused than many traditional advertising methods. And you do not need to be targeting a mass consumer audience to find ways to use some of these tools effectively. The bottom line is this–there are two ultra-powerful websites in the world–Google and Facebook–and if you don’t exist on both, your online universe is not operating at full strength.

Published on: March 21, 2014

WMT: Is there commonality in marketing a law firm and a restaurant?

by Micah Buchdahl

In my monthly contribution to Web Marketing Today, I go off the reservation a bit (pun intended) in discussing Open Table, restaurants and customer service compared to professional services, law firms and client service. In Using Customer Reviews to Drive Sales, I discuss positive (and negative) customer service experiences and how the same concepts and data drive similar patterns for a law practice.

Fine dining is a centerpiece in the health and well-being of my marriage. Every Saturday night is date night, come hell or high water, and with it one of many great restaurants in the Philadelphia metropolitan area. Regardless of how busy we get with work, travel and dealing with the kids, we take a few hours and a few bucks each weekend to partake in a nice dinner. It is our household’s major discretionary spend (and when you add wine and a babysitter, it adds up fast). Our Facebook followers know that each week they’ll be clued in on a new, hot or long-time favorite eatery for future consideration.

The chances of your restaurant being selected as a destination are heavily weighted by whether you show up on Open Table. I peruse the reservation options weeks in advance and look at my profile to remind myself where we are going over the next month or two. On the flip side, the participating restaurant gets to know a lot about me before I walk in the door–and that is where the possibilities of developing customer satisfaction and loyalty exist.

Published on: February 11, 2014

WMT: Super Bowl Sunday Brings a Lawyer the Ultimate Viral Video

by Micah Buchdahl

Know your audience. That is my response to the many “water cooler” conversations about what might be the most successful lawyer viral video to date. I’d love to know–and will likely ultimately ask him–what expectations Jamie Casino had when deciding to buy expensive and lengthy local TV ad time on the Super Bowl; and, more importantly, was it a successful new business generator? But for a personal injury practice looking to stand out in a crowded field to an everyday Joe audience–BINGO.

In this month’s Web Marketing Today article, I discuss the wild, raging online viral video success of the sleekly-produced, Hollywood movie quality, two minute ad for a personal injury lawyer. It is like nothing you’ve ever seen before. When all is said and done, it won’t matter that it originally ran for two minutes on the Fox television affiliate in Savannah, Georgia during the Super Bowl. The vast majority of the international viewing audience will see it on YouTube or embedded on another site.

The majority of my clients are midsize and large corporate law firms. None of this would be remotely interesting to them. Actually, they’d generally find it somewhat horrifying. Our marketing and business development strategies are as far away from a consumer-oriented TV ad than placing a huge billboard on I-95. But when I do get to work on marketing for a plaintiffs’ practice or other consumer-driven area of law, the concepts of branding and lead generation are totally different–and can be a lot of fun.

Published on: February 2, 2014

ABA Journal CLE: Leveraging the Press — Marketing Yourself through the Media

by Micah Buchdahl

Join me on February 13th in Washington, DC for a full-day tutorial on media and press relations, presented by the ABA Journal, in conjunction with the ABA Center for Professional Development.

I still recall my old friend Dan Leary telling me about a conversation they were having in the Major Indoor Soccer League office back in 1986. I was the PR Director of the New York Express and Sports Illustrated had sent top reporter Franz Lidz to spend the week shadowing the team. He was writing an SI piece about the importance of the New York franchise to soccer in the United States. Leary told me that in the league office they were trying to guess how high in the story I would be quoted. The answer was paragraph two. I might have been 23 years old, but I knew how to get myself quoted and interviewed–on TV, in the New York Times, Washington Post, SI and major dailies throughout the country.

In my pro sports days, I was known as a go-to guy by the media–for quotes, for off the record stuff, for ideas to fill a column or a TV interview. If you were a journalist, you knew that I’d call you back fast, tell you something you did not already know, and provide a colorful quote (even if I was giving an evasive answer). When I needed a favor–put this in the paper, don’t put this in the paper, quote this guy, do a feature on this player–I was paid back for being a reliable source. Some of the stuff I pulled was pretty clever. But even today, I would not write about it or give specific examples–I’m not sure the statute of limitations has run on everything. And many of those conversations and interactions were certainly off the record. But I was not a lawyer yet, so the Rules of Professional Conduct did not apply.

Published on: November 21, 2013

WMT: The Upside/Downside of Online Publicity for Lawsuits

by Micah Buchdahl

In this month’s Web Marketing Today column, Pros and Cons of Online Publicity for Lawyers, I write about the issues that struck me coming out of Perez v. Factory Direct of Secaucus, LLC. There is a significant difference in determining the impact of media attention on a case in the “traditional media” days versus the “blog/social media” era. That is the lesson defendants’ counsel for Ashley Furniture learned when filing suit against the plaintiffs’ law firm for defamation–stemming from online publicity.

My article breaks down the impact and pros/cons that all parties involved–plaintiff, defendant, and counsel for both sides–in measuring how the World Wide Web might affect not only the outcome of a case, but the long-term consequences that can be far more detrimental than whether you won, lost or settled.

As I note, I would never have heard about what I’d suggest is a relatively common “employee lawsuit against an employer for wrongful termination”-type filing if not for the third party action taken by one law firm against the other for what amounts to unwanted publicity on the case.

Published on: October 22, 2013

Mis-Tweet by Reed Smith Partner Highlights Social Media Ethics Issues

by Micah Buchdahl

Last night, my five year old son asked me what the “f” word was. While dancing around the answer, my nine year old daughter suggested she knew it and was pretty sure she had heard it from me. I won’t lie to you. I’ve used it from time to time. I’m sure while sitting in Lincoln Financial Field for the last nine Philadelphia Eagles home losses in a row, I’ve used it 10-10,000 times. But never online.

However, when Reed Smith real estate partner Steven Regan cursed at SCOTUS on Twitter, the story became a Reed Smith partner cursing on Twitter. It was not really about Steve. He quickly deleted his Twitter account, and if the firm functions like most big law firms I work with on these issues, he was probably met with a much more private profanity from some of his partners in management. If they were one of my clients for social media compliance, I might have actually said, “Steve, WTF!”

Unlike much of the work I do in making sure a law firm’s marketing efforts are compliant with the rules of professional conduct and the states in which they practice/market, this is not an ethics violation (although I did find one here, which I’ll point out in a moment). This is just bad publicity. Public relations crisis management. You simply don’t want people thinking your law firm does not know how to properly use social media. Especially a firm like Reed Smith, which has a significant media and advertising practice.

Published on: October 21, 2013

WMT: Everyone’s A Critic (Online) – How a Lawyer Should Respond to Internet Criticism

by Micah Buchdahl

After taking a one month “sabbatical” from my monthly Web Marketing Today article, I address a topic that is becoming increasingly important for the legal professional–how to respond to online criticism.

How Lawyers Should Respond to Online Criticism addresses dos and don’ts as they relate to the growing slate of websites that allow for posting of “reviews”, whether you are a plumber, doctor or lawyer. As I often teach, this is not an area where you have the option to participate. If I’m a client and want to post a positive or negative review of your professional product for the world to see–I can.

I’ve often used the power of Internet-based reviews myself. When my realtor pissed me off a few years back, I let a number of websites know what I thought of her. It did not go unnoticed. I’m a huge review contributor to Open Table–posting at least one a week after every dining experience. I often hear back from restaurants for the good and the bad.

Published on: August 26, 2013

WMT: Law Firms Join the Apps Craze

by Micah Buchdahl

If it appears this month’s Web Marketing Today article on law firm apps is courtesy of the Department of Redundancy Department, I apologize. In the time I was writing it, I was also interviewed on the subject by two law publication journalists reacting to what must have seemed like an onslaught on law firm press releases touting the latest & greatest app. But I certainly saved some of my tips and examples for the loyal WMT audience.

In Corporate Secretary magazine, Abigail Caplovitz Field writes on “Law firms offer mobile apps to attract new clients.” Her article revolves around two US Foreign Corrupt Practices Act (FCPA) apps developed by Latham & Watkins and O’Melveny & Myers. In developing apps, the type of law firm and the related content runs the gamut from global mega firms to mom & pop shops.

Almost every attorney involved in the development of an app at a law firm will (accurately) tell you that the expectation is not that it will generate new clients, but more likely offer a branding or awareness tool that (hopefully) will be seen as an added-value item by clients, colleagues and the media.

Published on: August 5, 2013

NY Says LinkedIn “Specialties” Verboten for Law Firms; Attorneys? Sometimes, but mostly NO.

by Micah Buchdahl

If you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.