The National Law Review would like to make you aware of a one day seminar / webinar presented by MyLegal.com designed to help lawyers gain a fast track mastership of legal social media.
“I don’t think it’s too late to embrace social networking, it just rather disappoints me that other professions use these technologies, and lawyers for some reason are always rather late to the party. I have little doubt that within five years, social media, social networking systems, will play a central role in the daily lives of lawyers.” Richard Susskind, September 2010.
The conference will be held on Thursday, October 21, 2010, at the Georgetown University Hotel and Conference Center in Washington, D.C. The conference will sell out at 300 on-site participants, so we will be introducing to the legal community a new technology called SMASH. This technology aggregates the video stream of the sessions, along with the tweets, blogs and photos related to the conference, in one convenient landing page, allowing off-site attendees to experience the conference in a unique and interactive way.
By following the conference Twitter conversation directly from the SMASH page, off-site attendees can join in the live conversation while simultaneously seeing the speaker and checking out the live conference photos. These are interactions and connections that might not otherwise have been made.
After the conference, registered users will have access to the video of the sessions, along with the speaker presentations. The sessions will also be available via iTunes, allowing registered users to listen and learn while on the way to work, running errands or housework (ugh)! Multi-tasking is King! After listening to the sessions, users can continue the conversation and commentary online.
Conference speakers / topics scheduled to be included are:
Matthew Asbell, Esq., Certified Legal Social Media Strategist will speak on the use and protection of trademarks in social media marketing.
Nicole Black, Esq., founder of lawtechTalk.com and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.
Larry Bodine, Esq., legal marketing expert and author of the Lawmarketing Blog will speak on business development with LinkedIn.
Steve Crandall, J.D., expert in digital media and business applications of social networks will speak on social media and the law.
Adrian Dayton, Esq., author of “Social Media for Lawyers: Twitter Edition” and the “Legal Marketing: Social Media Edition” blog will speak on starting to bringing in business with social media
Carolyn Elefant, Esq., creator of MyShingle.com, the longest running blog on solo and small firm practice, and co-author of “Social Media for Lawyers: The Next Frontier” will speak on social media for lawyers.
Sharon Nelson, Esq., author of the electronic evidence blog “Ride the Lightning” and co-host of the ABA podcast series “The Digital Edge: Lawyers and Technology” will speak on on social media: ethical, compliance, E-discovery and liability implications.
Conrad Saam, runs marketing for Avvo, where he oversees the firm’s SEM, SEO, social media, online marketing, email and web analytics initiatives will speak on getting the most out of Avvo.
John Simek, co-author of “The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines” and “Information Security for Lawyers and Law Firms” will speak on on social media: ethical, compliance, E-discovery and liability implications.
For more information, conference schedules and registration forms, please visit: http://mylegalmedia.com or call 253-405-7910.
Social media is all the rage these days, and it is indeed an effective way to maintain high visibility in the legal marketplace. Social media is only one piece in the business development puzzle, however.
Rainmaking success works best with an integrated marketing plan. There are many communications channels available to build your prospect list, and finding the mix for your law practice will reward you with new business opportunities.
Here are the top seven proven lead generation techniques for legal marketing:
1. Speak.
Addressing an audience of prospective clients is one of the best possible ways to demonstrate your legal knowledge. While most of your preparation will focus on the presentation itself, lead generation is accelerated when you make the time to promote the event in advance and then quickly follow up on all your leads after the event. Make a point to get a list of all audience members, even if you have to give something away in exchange for a business card.
2. Publish.
Getting your name in print as an author essentially provides an independent third party endorsement of your legal expertise. A well written article in a highly regarded legal or trade publication will contribute to your business development efforts for years to come.
3. Prioritize your referral network.
Most attorneys maintain an informal list of referral sources. Take this a step further by writing down your best 5-10 referral sources, and assigning a priority to each contact person. Schedule a meeting with your “A” sources every 30-45 days, your “B” sources every 60-90 days, and stay in touch with your “C” sources with less time-consuming methods like email or a phone call. Constantly work to refine your list to maximize performance, and remember to reciprocate with qualified leads for your referral partners.
4. Market to current and past clients.
Your best source of new revenue in the short run is hidden in your client list. Stay in touch with clients at least 4-6 times per year through newsletters, client alerts, or events to increase retention rates, up-sell, and cross-sell.
5. Maintain a prospect list.
Refine your “ideal client” profile to the point that you can compile a list of at least 25 key prospects, identified by firm name and contact person. Work this list diligently in a continual effort to move to the “next step” of gaining the client. Start by identifying a mutual acquaintance who might provide an introduction, or an organization where your prospect is active. Move from getting acquainted to building trust, assessing needs, suggesting solutions, demonstrating your value equation, and closing the deal. The entire process may take months or even years, so be patient but politely persistent.
6. Leverage organizational memberships.
Whether it’s a bar association or an industry organization, turn your memberships into new business through speaking opportunities, newsletter articles, webinars, or by serving on a committee that gives you access to decision makers.
7. Internet marketing.
Your website bio page is a good starting point. Make sure it is current and provides a recent headshot. Next evaluate your website to confirm that it is easy to navigate, frequently refreshed, and structured for search engine visibility. Online legal directories abound. LinkedIn is an easy first step into the social media scene, followed by blogs. There are so many Internet marketing options that space simply does not permit full coverage.
A strategic attorney marketing plan can serve to tie all of your business development efforts together around a focused practice.
While all these marketing activities can seem like a juggling act, there are a few techniques that will streamline the process.
Create a marketing calendar that includes your desired frequency for each campaign. For example, you should try to speak at least 2-4 times per year. You may want to get published twice a year. By putting these goals on your calendar, they are easier to manage and achieve.
Take a few minutes to identify 3-5 newsworthy topics within your area of expertise. You can then incorporate these topics into all your marketing efforts, such as speaking, publishing, newsletters, blogs, social media, etc.
A database can be your best friend in recording and tracking your prospects, outreach efforts, and follow up dates. This can be a simple Excel file, Microsoft Outlook, or a more complex customer relationship management system.
Margaret Grisdela is President of Legal Expert Connections, a national legal marketing agency serving law firms and litigation experts in the U.S. and internationally. She is the author of the legal marketing book “Courting Your Clients,” which presents a proprietary methodology for business development. An accompanying guide, the “Courting Your Clients Legal Marketing Playbook,” will be available to clients in November. Ms. Grisdela brings over 30 years of experience in marketing, publishing, and information technology to each engagement. She helps clients launch or expand successful practices in the legal field through integrated marketing programs including article placement, speaking, search engine optimized websites, publicity, and direct mail. A leader in professional organizations, she served as 2008 Co-Chair of the Legal Marketing Association South Florida City Group, and 2005 President of the Florida Direct Marketing Association. She holds a B.A. from Wayne State University and an MBA in Finance from The George Washington University. 561-266-1030 / www.legalexpertconnections.com
This comprehensive, one-day program will provide in-depth information concerning the complex issues that arise in connection with criminal enforcement of intellectual property rights (primarily involving trade secrets, copyright, and trademarks). The program consists of five panels whose members are key government insiders; policy makers; Assistant U.S. Attorneys; defense counsel; trade group leaders; and rights holders. Panel topics focus on current issues, trends, legal strategies, private industry case development and criminal referral, parallel proceedings and ethical issues in intellectual property enforcement.
This program brings together defense attorneys, prosecutors, members of law enforcement, policy makers, and business leaders to discuss hot topics and legal trends in the rapidly evolving field of intellectual property enforcement.
Mandatory continuing legal education (MCLE) accreditation has been requested from all states which require continuing legal education. 5.75 hours of CLE credit have been requested from those states recognizing a 60-minute credit hour and 6.90 hours of CLE credit have been requested from those states recognizing a 50-minute credit hour.
You’ve probably heard this “fact”: if Facebook was a country, it would be the fourth largest country in the world! Web 2.0 has infiltrated every aspect of our lives, including the workplace. As a result, most lawsuits in which employers become mired are fraught with electronic data issues. To guard against a wide range of legal claims, as well as reap the benefits of a global marketplace, many employers are instituting social networking policies. But, as with any policy, a social networking policy must be carefully drafted to meet your business needs. With that, I introduce to you the 10 Commandments of drafting a social networking policy:
NUMBER ONE: Thou shalt NOT use a sample policy pulled willy-nilly from the Internet.
While your search results will pull up dozens of fine looking policies, you won’t know who wrote them, the legal jurisdiction from which they hale, or the business interests the policy seeks to promote. Many times, a bad policy is worse than no policy at all.
NUMBER TWO: Thou SHALT work in harmony to craft a policy appropriate for your business.
If you decide that a social networking policy is appropriate for your business (and it may not be), the combined cooperation of your IT department, human resources, legal, and company decision-makers is necessary to formulate an effective policy.
NUMBER THREE: Thou SHALT know the risks and guard against them.
Employee use of social networking media can have wide-ranging legal ramifications for employers. Possible claims include: harassment, discrimination, defamation, invasion of privacy, and a variety of statutory violations.
NUMBER FOUR: Thou SHALT proclaim that the eye of the employer sees all.
Notify employees that they have no expectation of privacy in their use of company technology, that their activities should be work related only, and that their communications may be accessed at any time.
NUMBER FIVE: Thou shalt NOT take the name of the employer in vain.
The policy should require disclaimers be used indicating that the opinions stated therein are those of the employee and not the employer.
NUMBER SIX: Thou SHALT respect thy co-workers, customers, competitors, and employer.
Require employees to act respectfully in their social networking/blogging activities. Provide guidance on what is and what is not appropriate behavior.
NUMBER SEVEN: Thou shalt NOT steal or do other really bad things with your employer’s computer.
The policy should prohibit disclosure of confidential information, the use of legally-protected/copyrighted information, and the dissemination of personal information of co-workers.
NUMBER EIGHT: Thou SHALT know the consequences of thy actions.
Inform your employees that their social networking activities on the job are subject to all company policies and explain the consequences of violating your social networking policy.
NUMBER NINE: Thou SHALT spread the word throughout the masses.
Distribute the policy. Have your employees sign off on their receipt and understanding of the policy. Provide training on the policy.
NUMBER TEN: Thou shalt NOT commit random acts of destruction.
You MUST ensure that your litigation hold policy incorporates procedures and methodologies to capture and preserve social networking data in the event of litigation.
Vanessa Goddard’s primary focus is in the area of labor and employment law. She has been involved in representing clients in various employment cases, including sexual harassment, deliberate intent, age, race, and disability discrimination, wrongful discharge, and various other employment-related torts. She is admitted to various state and federal courts as well as the Third Circuit Court of Appeals and Fourth Circuit Court of Appeals. 304-598-8158 /www.steptoe-johnson.com
The Business of Law Guest Blogger this week at the National Law Review is Wendy Tyler of American Conference Institute who provides some valuable insight on what to look for in an Event / Conference Organizer:
A traditional component of business to business marketing strategy is utilizing conferencing and trade show solutions. Ever an increasingly competitive business, the conferencing and trade show industry has witnessed significant market shifts as demand from attendees, exhibitors, speakers and sponsors have changed with the business climate. Marketing budgets remain closely scrutinized as decision makers need to justify their investments to a higher standard than ever before, which means the pre‐qualification process for an event is more vital than ever.
At any given moment, no less than two dozen event organizers simultaneously compete for your business. With this volume it’s not uncommon to find yourself unable to fully vet each and every event opportunity that comes your way, and in return, it’s possible that valuable opportunities are being overlooked while poor opportunities may inadvertently be selected.
Evaluating an event opportunity starts with asking the right questions. There are ten essential questions that every event purchaser should ask every conference or trade show organizer when reviewing an opportunity to participate at any level. Each of these questions acts as a guidepost in effective qualification. Naturally, the list of questions you might want to ask doesn’t end at ten; but these ten will help you narrow your event search and potential involvement. Once you have these answers, any good event account manager should be able to guide you through your additional questions clearly and concisely discussing the marketing capabilities, overall event strategy, and brand development opportunities that may be available to you.
1. How many total attendees do your events average?
This question will help you evaluate the size of the event so you can determine if the opportunity presented is for support of a conference or trade show. Due to the cyclical nature of live events, attendance does vary so it’s important that you ask what the high/low range of attendance has been so you can better assess the risk of an underperforming event.
2. How many events do you produce a year?
This question will give you a good sense of the event organizer’s market penetration. The fewer events produced per year generally indicates that the organizer does not consider conferencing a major part of their business. For some purchasers this may not make a difference in their buying strategies but for others, there is a high degree of comfort knowing you are investing in a business whose primary business function is the delivery of the service you’ve procured.
3. How many of your total attendees are fee‐paying delegates?
Quite often, event organizers lump all participants as “attendees” – this can include speakers, sponsors, exhibitors, guests, exhibit floor walkers and press. Paying delegates are the highest value prospects because they are investing money in the information presented at an event. Consequently, the greater number of paying attendees will lead to a greater quality of a pre-qualified audience for your needs – even at the sacrifice of quantity – and provide your organization with a better chance of meeting the right decision makers. The old adage “you get what you pay for” is never more apparent than here.
4. When can you show me a list of attendees?
An event organizer should be able to show you a list of attending companies no less than two days prior to an event in order to substantiate the quality of the attendees. In some cases, and with certain levels of sponsorship, you may have the opportunity to receive an update on registered attendees several weeks prior to the event. The bottom line is that two days prior to a conference, any organizer that doesn’t release some information on the confirmed attendees may not have confidence in their event thus placing your investment in jeopardy.
5. Does this list include speakers, guests, sponsors, etc.?
Similar to any purchase of significant value, it is important to carefully review what it is you will be investing your dollars in. A sample attendee list, even one from a related event is a great way to get a feel for the expected audience. As the event nears and you receive an attendee list, be sure to find out whom exactly is included. While speakers, guests and even other sponsors can represent strong business development opportunities for your organization, it is important to know where the attendees are coming from so you can plan accordingly, manage internal expectations and have better metrics for measuring your return on investment.
6. Would you let me speak to a former speaker or attendee?
Similar to a “word of mouth” campaign, a great way to pre‐qualify a conference organizer is to speak with a former or current speaker, attendee or sponsor. This will provide your organization with an opportunity to get a first‐hand account of the event; and the organization you’re about to allocate marketing budget to.
7. How would you define your organization’s reputation?
It is important to determine how an organization defines its reputation. It is especially important to see if their self‐definition matches the definition offered by previous attendees, sponsors & speakers. An organizer should know how it is perceived in the marketplace, for better or for worse and be able to convey this to any potential client honestly and transparently.
8. What is your competitive advantage?
Similar to reputation, a company’s competitive advantage will help an event purchaser clearly define what they can expect from the organizer. This answer will also provide a purchaser with a benchmark for evaluation after the event concludes. For example, if an event organizer is known for attracting press, you will be able to judge your return on investment based on how much press your organization received.
9. How can you help my company with your go to market strategy?
As an event purchaser, it is important to challenge the organizer to provide a comprehensive solution to your business objectives as opposed to having them simply provide a “one size fits all” product. We live in agile times and most solution providers should provide custom solutions tailored to meet your specific needs. The exception to this rule is if you are working with a trade show organizer because the volume of sponsors and exhibitors sometimes prohibit high degrees of customization.
10. Can you explain your process of program development and speaker recruitment?
Program development and speaker recruitment are to an event organizer what research and development is to a pharmaceutical company. The process is as important as the product. Through greater understanding of where content is derived and speakers are recruited from, an event purchaser is provided the opportunity to evaluate the product in its entirety. With greater content and speakers comes a higher quality of attendee. Understand the source of the content and speakers and an event purchaser will be able to better judge the chances of meeting the right audience.
The questions provided above are intended to serve as guidelines for those evaluating event sponsorship and exhibition opportunities. The answers you receive are contingent upon a number of factors including the type of event, the product intelligence of the sales executive and the corporate culture of the organizer. As with the nature of live events, the ability to accurately predict a successful event experience is more art than science however; armed with these ten basic questions, you will be given every possible advantage in making the best decision for your company.
Ms. Tyler has been with American Conference Institute (ACI) since May 2005. Her responsibilities include managing the U.S. sales team, forging strategic alliances and identifying emerging growth sectors and topics. www.AmericanConference.com / 212-352-3220
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.
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
Alert the Media! The National Law Review is offering law students the opportunity to publish their work in the months of October & November. No entry fee is required.
Entries will be judged and the top two articles chosen will be featured in the NLR monthly magazine prominently displayed on the NLR home page. Up to 5 runner-up entries will also be posted in the NLR searchable database each month.
Each winning article will be displayed accompanied by the student’s photo, biography, contact information, law school logo, and any copyright disclosure.
All winning articles will remain in the NLR database for two years (subject to earlier removal upon request of the law school).
Students have the opportunity to publicly display their legal knowledge and skills.
The student’s photo, biography, and contact information will be posted with each article, allowing for professional recognition and exposure.
Winning articles are published alongside those written by respected attorneys from Am Law 200 and other prominent firms as well as from other respected professional associations.
Now more than ever, business development skills are expected from law firm associates earlier in their careers. NLR wants to give law students valuable experience generating consumer-friendly legal content of the sort which is included for publication in law firm client newsletters,law firm blogs, bar association journals and trade association publications.
Student postings will remain in the NLR online database for up to two years, easily accessed by potential employers.
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.
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
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
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
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.
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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.
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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.
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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)
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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.
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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.
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
