Category: Legal Technology

How Lawyers Can Leverage LinkedIn to Build Their Practice, Part 1 of 2

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I think we can all agree that building long-term, meaningful and influential relationships is foundational to a successful legal practice. People don’t hire law firms; they hire an attorney. The more people you connect with, the more opportunities you have to build meaningful relationships, and the more potential clients you can generate.

With over 225 million members in over 200 countries, LinkedIn has quickly become THE ‘go to’ business-to-business directory and the most popular social networking platform dedicated to professional business development.

Here are some of the top tips from attorneys who have used LinkedIn to their advantage and know they have gained new clients from its smart use:

1. Complete Your Profile! You must commit to do this. You can’t ever hope to get the benefits without this. Put in as much information about yourself as you can. Use the same keywords and phrases prospects would use to search for an attorney in your practice area on Google.

Sometimes just where you went to college or law school can drive business or referrals to your firm. I know plenty of attorneys who have generated referrals because they went to the same school as someone else on LinkedIn, or grew up in the same hometown. Creating a shared reality with a prospect can be a powerful step toward acquiring their business. Also, certain applications with LinkedIn require that your profile be at least 50 – 75% complete in order to benefit from them.

2. Upload A Photo. Don’t be shy here. Don’t think about whether it’s right or wrong, just do it. A profile with no picture is a bad thing. LinkedIn is a social network for business professionals so your photo should convey that. Stay away from the photo of you on the golf course or holding a glass of wine. If you don’t have a professional headshot, they are available from any photography business for a nominal fee.

3. Use The Headline Below Your Profile To Make People Want to Know More.

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When you set up your profile, LinkedIn uses your name, title or position as your headline, but you can edit this to make it more powerful. Try to think of your headline as your professional tagline. You have the opportunity to describe the type of attorney you are and the type of work you are currently doing. Do not make the mistake of listing more than two areas of law here, as you want to appear as a specialist. Specialists generate more referrals than generalists. Remember the phrase, “jack of all trades, master of none!”

4. Use The “Sharebox” Often. If you want to see the social power of LinkedIn, this is where you will find it. This area of LinkedIn allows you to add a brief update of what you are doing, any new professional certifications you have received, interesting cases or any other information you feel comfortable sharing. This is not a ‘chat’ site; it is for information that is professionally relevant.

In tomorrow’s post, I will share 5 more tips for leveraging LinkedIn to build your client and referral base.

Article by:

Stephen Fairley

Of:

The Rainmaker Institute

Who’s Afraid of Website Data Migration?

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Does the phrase “data migration” send chills up your spine? Would the fear of moving content from your old website to a new one hold you back from pulling the trigger on a website project?

If you nodded “yes” to either of those questions, you’re not alone.

The topic of data migration can be scary for marketers. Simply put, trained communicators are not database jockeys, and the prospect of ones and zeros flying back and forth can cause discomfort. But comfort level aside, should the fear of data migration warrant the keeping of a crummy website?

What can go wrong?

Everything, right?! There’s a chance that data could get lost, or content could end up in the wrong places, causing countless hours of aggravation for the marketing department…

Or not.

Professionals who do this all the time are well practiced in the art of handling the various challenges associated with data migration. But how can marketers be assured that their migration won’t go awry

How to do data migration

Data migration is not rocket science – or magic. At its simplest, it can be summed up as matching database fields from the old website, with the new. The actual act of migrating data (also called “data mapping”) can vary in its level of difficulty, depending on the condition, structure and size of the firm’s current website database. But irrespective of how old your website is or how it was built, the basic steps involved are the same.

Here’s a simplified version of the process that we use at Great Jakes:

  1. Analysis: The first step involves requesting a “data dump” of all the text content of the website and of the headers for each data table. We analyze the data to determine how much of the migration can be automated.

    We also investigate whether it would be more practical and/or cost efficient to not automate the migration and instead configure a “data-entry” website to have the data manually moved from the old website into the new. It’s not as hard as it sounds, and it’s not unusual that we end up recommending a combination of automated data-migration and “data-entry” website methods. It all depends on how the old website’s data are formatted.

  2. Transfer setup: The next step involves planning the “field-mapping” – writing the appropriate scripts necessary to move the data into the proper fields of the new website.
  3. Migration: A month prior to delivering a finished website, we migrate the data from the old website to the new, using data from a second data dump that contains all of the most current content (text, photos, PDFs, videos, presentations, audio files, etc.).
  4. Testing: Finally, we rigorously review the data migration results to ensure that everything moved as planned.

Better the devil you know – right?

While the steps outlined are straightforward, data migration is a time-consuming but doable process. Consequently, larger websites with more data will require more time to analyze, set up, migrate and then test.

So, the best way to ensure that everything goes smoothly is to take a peek under the hood. Have a pro examine your existing website. They might find some issues, like embedded tables or miscellaneous image files tucked in strange places. You’ll probably need to make some decisions about how to migrate these items. But most likely, they’ll probably find that the hurdles to moving the content are a lot lower than you might think.

Don’t let those two little words “data migration” keep you from advancing your firm’s business goals! There’s too much to be gained from having a properly conceived website.

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Information Governance in Legal – The Real Payoff is Litigation, E-Discovery, and Audit Readiness

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Information governance (IG) in the modern day legal landscape addresses multiple functions from cyber threats, to compliance, to interdepartmental communication to document retention to e-discovery. Affecting businesses across the legal, compliance and IT realms, the ideal IG framework will insert processes and procedures into place that will allow law firms and businesses to consistently manage and asses the flow of information. Browning Marean, co-chair of the Electronic Discovery Readiness and Response Group at DLA Piper and speaker at the ARMA International 2013 Conference and Expo, offers his expertise on law firm IG and why data can and should be controlled in the legal field.

Q: What is the impact an IG framework can have on a law firm and business?

A: The impact of IG on a business in momentous. Legislation like the Sarbanes–Oxley Act of 2002 requires that businesses have controls in place.  Law firms must keep up with the ever-increasing number of compliance regulations for their clients. In addition, the average Fortune 500 companies have 125 lawsuits at any given point. If law firms and compliance departments have control of the information, they will know where to look and be able to preserve the information during discovery. IG can therefore also serve as an organizational tool during litigation.

Q: How would you describe the relationship among technology, the law & IG?

A: There is a complicated relationship among the three entities. I believe that the computer revolution yields two classes of people, both the foot soldiers and the victims. It is the same with the practice of law– technology can cause disruption but if attorneys take advantage of technology and use it to guide their IG, they will flourish.

Q: Can you cover the top risk associated with governance gaps in litigation and e-discovery?

A:In a lawsuit, parties must produce documents during discovery. When litigation is reasonably anticipated parties will have to put a legal hold on discovery documents in electronic form, also known as e-data. If parties are unable to do so or unable to preserve the documents, they will suffer the consequences, including losing the case outright and monetary sanctions and adverse interference instructions from the courts. In that way, IG can mitigate the problems associated with the identification, preservation, collection and production of e-data.

Q: What would be some of the solutions you would recommend for this risk?

A: The amount of data that is available will be multiplied by 50 by the year 2020. The only way to accommodate all of that information is to have proper practices and policies in place. I believe law firms and business should prepare an “IT readiness program.” Organizations must look at themselves from the top-down to see what resources are available to help at each level. There is a great checklist from the Department of Justice (DOJ) that covers may aspects of how law firms and businesses can ensure that there their discovery material will remain intact, from document management systems to disaster recovery backup. In addition, I recommend that law firms and businesses maintain a record retention policy.

Q: E-discovery is one of the hot topics in the legal world. Why do you think it has become so widely covered and debated?

A: About 95% of all data is viewed in electronic form.  This means that in order to prove your side in a lawsuit, we will have to see where the evidence is based, which is usually in some kind of electronic format. We are going from an analogue world to a digital world so we must create and preserve electronically stored information (ESI) to evaluate the evidence. The pervasiveness of e-discovery has resulted in several additions to the Federal Rules of Civil Procedure as well as state laws.

Q: Can you provide a background on the evolution of e-discovery?

A: In the modern era, a series of cases in the early 2000s from federal courts established the beginning of modern e-discovery litigation.  In particular, Zubulake v. UBS Warburg LLC from the United States District Court for the Southern District of New York paved the way. Judge Shira Scheindlin presided over the case and made several ruling effectively establishing the duty of businesses and their counsel to preserve documents and refrain from practices that may result in the destruction of documents.. Through an effective IG framework, law firms and compliance departments will be able to keep up with ESI in litigation and e-discovery.

Promising #1 Rankings is Unacceptable for Legal Online Marketing Vendors

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Every reputable search marketer will tell you that a Web vendor promising number one rankings is blowing smoke. Google’s Matt Cutts warned about vendors that promise number one rankings as far back as 2008, then again in 2012.  Despite these voices, many companies still guarantee number one search engine spots – which raises the question: “Is promising number one rankings really that bad?”

Vendors who promise number one rankings for their law firm clients set unachievable standards for themselves, their clients and the legal marketing profession. Occasionally these damaging black-hat SEO tactics work for a few weeks or months — until Google catches up with them. When that happens, all the money invested into creating your Web presence is wasted.

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You can safely bet that Google’s algorithm will constantly change as the search engine giant places increasing emphasis on user experience. Strategies that may secure top rankings today might be the same strategies that hinder a site tomorrow. No company can be certain as to where their client’s site will rank next, and it is misleading for any company to indicate they do.

A legal online marketing vendor must also account for the fact that high rankings for a law firm website do not necessarily equate with an increase in newly signed clients. Websites have a shelf life. Many factors can affect conversions. If your design is dated or stale, you might need an upgrade before users are attracted to your site again. An outdated site conveys a lack of concern for the firm’s Web presence and image, almost as if you hadn’t refurnished your visitor’s lobby in 20 years. Additionally, a website that does not have calls to action and is not designed for conversions will hurt your ability to convert visitors to clients.

A guarantee of a number one ranking may lead a law firm to have unrealistic expectations of its Web marketing company. A vendor that works incredibly hard to stay abreast of search engine marketing trends, takes preemptive measures to protect their client sites and keeps lines of communication open sets the standard. But even that exceptional vendor cannot, and should not, guarantee top search engine spots. What they can and should do is promise to work tirelessly on a campaign to make it the best it can be. All sorts of factors, such as investment levels and client involvement, will affect a site’s ability to outrank other sites. Those factors are not entirely controlled by vendors, even the exceptional ones.

At the end of the day, what you really want is to be able to convert qualified leads into clients and grow your practice. You may not necessarily need number one rankings to accomplish this goal. What you need is a Web marketing vendor who is just as committed to your firm’s success as one of your partners. If the company handling your firm’s Internet marketing campaign is dedicated, then your campaign will be a success – whether your site occupies the first or fourth spot on a search results page.

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Discovery from Data Storage Providers: Building a Silver Lining into Your Cloud Storage Contract

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Many companies use cloud technology, especially cloud storage providers, to reduce IT management costs and rid themselves of the headache of overseeing the software and hardware needed to perform certain services internally, while gaining the ability to expand quickly. Indeed, it is estimated that by 2014 cloud storage will be a $148.8 billion industry and people will process over 50 percent of computing workloads in the cloud constituting one third of all internet traffic.

See Cindy Pham, “E-Discovery in the Cloud Era: What’s a Litigant to do?” 5 Hastings Sci. & Tech. L.J. 139 (2013); David D. Cross and Emily Kuwahara, “E-Discovery and Cloud Computing: Control of ESI in the Cloud.”

But, handing your data over to a third-party does not come without a price. Savvy litigants are beginning to head straight to these third-party cloud providers to subpoena corporate records during discovery. This can pose serious problems for the data owners including:

  • Vendors can produce your records without reviewing and withholding for privileged, work product protected, trade secret, or otherwise confidential information and designations.
  • Vendors with no vested interest in the litigation will likely respond to all the requests without an eye toward what is relevant or required under the rules resulting in mass overproduction.
  • Vendors may charge you, their customer, a high price for collecting and producing the data they are storing for you.
  • Vendors may not have maintained the metadata for each set of data, exposing you to a claim of spoliation.
  • A vendor’s deletion or backup schedule may have erased responsive data, exposing you to a claim of spoliation.
  • Differences in the productions you and your vendor make in response to the same requests can lead to claims of spoliation or concealment.

See Ashish S. Prasad, “Cloud Computing and Social Media: Electronic Discovery Considerations and Best Practices,” The Metropolitan Corporate Counsel, February 2012 Volume 20, No. 2.

The Silver Lining: The remedy, of course, for most of these potential problems is negotiating your contract with cloud computing providers with an eye toward discovery. First, make sure your contract contains express commitments regarding the storage and retention of your data. You and your provider should be on the same page regarding how long data is to be maintained and what types of associated file data should be preserved so that you avoid any untimely deletion.

Second, make sure your contract requires immediate notice (within 48 hours) to you of any subpoena or document request received by your provider targeting any of your data.

Third, the contract with a cloud services provider should set forth that you, through your attorneys, have the right to review all documents and data prior to production. Your agreement should also give you the right to require the provider to withhold any documents from production that you designate as either subject to a privilege or not-relevant or not responsive.

Fourth, the cost of collecting and assembling data for review and production from a cloud can be high because of the way in which the data is stored. Therefore, you will want to designate who bears the expense of the collection and production of your data so you aren’t surprised by a large bill later.

Finally, I would also caution you to think carefully about whether the cloud is really the cheaper alternative it appears to be. If your business involves frequent litigation or due-diligence necessitating the documents at issue, the cost of accessing and producing these documents from the cloud may override the initial savings. Similarly, think strategically about low-value data you can store cheaply in the cloud versus potentially privileged, trade secret, and confidential information you may want to designate for local, albeit more expensive, storage which is solely in your control.

Search Engine Optimization (SEO): The Connection Between Being Found Online and Being Worth Finding

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According to a Legal Marketing Survey Report conducted by Avvo and Lexblog, the #1 legal marketing subject solo and small firm lawyers are interested in learning more about is search engine optimization (or “SEO”, in internet parlance).  Not how to build an online referral network, stay in better touch with existing clients using online tools or manage their online reputations, but SEO: a series of tools and tactics that attempt to ensure that a firm’s website is near the top of the search results when a potential client searches online for terms relevant to that firm’s practice.

This level of interest is not without reason.  The practice of law is competitive, and lawyers are competitive.  So there is little surprise that, say, a “Boston DUI Lawyer” would want to do whatever necessary to be at the top of the page whenever some poor unfortunate who has had a late-night run in with the BPD turns to Google or Bing looking for legal help.  But SEO is only one piece of the puzzle when it comes to client development online, and it helps to know what SEO can – and most likely cannot – do.

SEO’s Little Secret, and an Aside on SEM

Any busy practitioner has no doubt run across SEO consultants.  For a fee, these folks offer to help make lawyers and law firms more competitive when it comes to the web; i.e., likelier to rise higher in the search results.  It’s important to not confuse SEO experts with “SEM” consultants (although many times the same consultants sell both services).  Pitches along the lines of “get on the top of Google search results – guaranteed!” are based on SEM.  The technique has its place, but must be recognized for what it is:  Search Engine Marketing.  SEM consultants make their guarantee because they will buy ads on Google on a firm’s behalf.  That firm then appears – as an advertisement, not an organic result – on the top of whatever search results ads were bought for.  While it’s a surefire way to get noticed, it can also be very expensive, and requires at least as much thought and analysis as any other marketing campaign.

Unlike SEM, SEO involves making “fixes” to a site – and sometimes off-site strategies – rather than purchasing advertisements.  It’s important to think of SEO consulting as having two aspects:  A technical aspect, and a magical aspect.  There are many straightforward technical things that websites must have in place in order to put their best foot forward with the search engines.  Platforms – be they directories like Avvo and LinkedIn, social networks like Facebook or Twitter, or blogging services like WordPress and Typepad – have already taken care of this work, and those using these services benefit from the fact that their profiles or blogs will already be optimized for the search engines.  However, many lawyer and law firm websites fail on this count, and would absolutely benefit from this technical form of SEO help.

The “magical” side of SEO, however, involves the use of other techniques (examples include keyword stuffing and comment spam) in an attempt to take an otherwise search engine-friendly website and make it even more eye-catching to the Googles and Bings of the world.  Over the years, these tactics have yielded enough short-term successes and alignments of marketing spend with dumb luck to keep this side of the business alive.  But consider: Google tweaks its search algorithm over 500 times a year.  And it is a model of opacity when it comes to providing a peek under the hood at how its algorithm works.  Attempting to outwit Google takes a mix of wild guessing, cargo-cultism and blind faith.

And websites do sometimes get lucky, for a while, by frolicking in the magical end of the SEO pool. But they do not fool or outsmart the search engines for long.  Google and Bing are constantly optimizing for – and throwing billions of dollars and thousands of uber-bright minds against – a goal of returning the most relevant search results.  Period.  Assuming a lawyer’s site has already got its technical SEO house in order, the best technique to do better in the rankings is to give the engines what they want:  better, more relevant content.  And the good news is that this is exactly what potential clients want as well.

Standing Out Once You’re Found

This should be a perfect alignment: Potential clients are looking for in-depth information about lawyers and legal problems, and the search engines strive to surface such content.  So why are so many lawyer websites replete with stiffly-worded bios and empty platitudes about the law and legal practice?  Why is there so little substance and personality to be found?

The legal marketplace is competitive, and competence is only the price of admission.  Lawyers and firms that not only want to be found online, but to be selected online, must do more than cite their impressive credentials and wait for the phone to ring.  Here are some high-level starters:

  • Claim online real estate.  Lawyers must let clients find out about them, in depth, wherever they might be looking – directories, social media, etc.  And all of those places can link back to a law firm website.
  •  Lead with passion.  No firm should be satisfied with a by-the-book, resume-format website.  Lawyers who succeed talk about why they love the law, how they make a difference for their clients, what makes them different from all of the other lawyers out there.
  • Write and connect.  Enough with the dry case summaries or (god forbid) lists of local accidents designed for “keyword optimization” purposes. The best material online is crisp, relevant pieces that potential clients or referral sources will want to read or share.

There’s no disputing the superficial appeal of “magical” SEO solutions. But, ultimately, what the search engines are optimized to find – AND what potential clients want to read – is deeply relevant, authentic and differentiated content.  Firms that relentlessly focus on providing that kind of value will be the winners online.

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Twitter Best Practices Guide for Attorneys

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With more than 200 million active users, Twitter is a major social media network attorneys should not ignore. Twitter can be a highly useful marketing tool for attorneys to promote their blogs and other thought leadership content.

Here is a best practices guide for attorneys using Twitter:

Tweet 4x/day or less

Use fewer than 100 characters per Tweet

Add links to Tweets to get higher Retweet rates – Tweets containing links get 86% higher Retweet rates

Make sure the links are clickable by including a space before the URL

Tweet on the weekends – engagement rates are 17% higher then

Engage with followers during “busy hours” of 7 a.m. to 8 p.m.

Include hashtags in your Tweets, but no more than 2 per Tweet – Tweets with hashtags get twice the engagement

Add links to images to increase engagement – Tweets with image links enjoy twice the engagement rate than those without.

Use the word “Retweet” as a call-to-action to prompt your followers to share – Tweets that ask followers to Retweet receive 12x higher Retweet rates

Since Twitter is essentially a micro-blogging site, the same rules apply: create unique, original content that adds value, and your audience will respond.

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Using Google Alerts to Get Topical News Quickly and Improve Your Content

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Time is of the essence when taking someone from prospect to client.

Obtaining quick notice about local accidents and injuries and/or defective products can provide a competitive advantage.

When an accident has just occurred and a victim is deciding whether or not to hire an attorney, you want to be easy to find. If you are aware of accidents or defective products and pharmaceuticals early, you may have the opportunity to get the inside track on a case.

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Posting alerts and information on your website, blog and Social Media may help your firm be more easily found and give you increased opportunities to get cases.

One tool to identify possible newsworthy topics to post on your site and Social Media platforms is Google Alerts. Every time something new is indexed by Google on your chosen topic, you will receive an e-mail. You can also set Google Alerts to email you a daily or weekly digest that includes either only the best topical matches or everything associated with your selected topic.

There are multiple ways to utilize Google Alerts. You can sign up for your target city/town names, state, etc. for local news. For practice area-targeted news, you can sign up to be alerted for variations of car accidents (and injuries), truck accidents (and injuries, major highways, etc.), train accidents (as well as major train names), hospitals (and hospital injuries, negligence) and drug or product names you wish to target, for example. There are endless possibilities; your usage will depend on what works best for your law firm and schedule. You can even sign up for Alerts on competitors’ names to follow what they are doing. You should set Alerts for your firm and attorneys. Doing this will help you manage your firm’s reputation by alerting you to good and bad news and give you time to respond appropriately.

To develop a list for your Google Alerts entries, ask your attorneys (or have a trusted attorney decide) which topics and locations each person will follow for news or blog information, then sign up for Google Alerts on those topics at http://www.google.com/alerts. When you spread keywords among different people, the time investment is less significant, especially if you schedule a fifteen-minute block each day to read through your alerts.

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Social Signals Rank Highest for Best Google Search Results

A new study from Searchmetrics shows that of 44 ranking factors, social signals account for 7 of the top 8 most highly associated with Google search results,  The chart below shows the ranking importance for the top 22:
google search ranking factors in the US

The top findings from the Searchmetrics Ranking Factors-Rank Correlation Study show the following SEO trends for 2013:

  • Keyword domains and keyword links are not nearly as relevant as in the past
  • Social signals directly correlate with better rankings
  • Good content continues to be key
  • The number of backlinks continues to be of high importance
  • On-page technology (URL length, keywords in page titles, page descriptions, H1 and H2 tags, etc.) is still an important basic

This latest study makes it clear that you can no longer ignore social media if you are interested in showing up in Google search results.

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Using Technological Innovation to Enhance Law Department Management

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In today’s law firm environment, legal marketing professionals hold the dual role of preserving value as well as creating value. One of the best ways of accomplishing both goals is to take full advantage of technological innovation while minding the inevitable limitations that exist in law firms, such as budget constraints and reluctance to accept technological advancement. From website development to social networking, the right technological tools can steer law firms to align their system capabilities with their clientele needs. By taking advantage of such tools as analytics and systems of engagement that raise the level of awareness, legal marketers can justify technology budgets and get shareholders and partners on board with the tech express.

Steps Legal Marketers Must Take Before Investing in Technology

Analytics: Measuring Data Integrity Holistically to Determine Performance Impact

Legal marketers must ensure that vendors provide detailed, structured analytics for marketing optimization purposes. Analytics deliver the data while metrics and dimensions can be queried together to measure performance. Analytics as a system allow legal marketers to analyze data and determine whether the technology garners a return on investment. In addition, the description of performance guides legal marketers in the decision-making process to predict outcomes and drive efficiency. It remains up to legal marketers to ensure that analytics are providing valuable knowledge and being used to improve business performance as well to justify investment into technology.

Analytics only fulfill their purpose when providing holistic and accurate data. They must present a clear understanding of a complex structure, likened to looking at the world through a keyhole. No one metric will account for all of the data in totality so the goal is to view the data holistically to get the full story. Moreover, data integrity remains essential to the equation as far as the quantification, quality and presentation of analytics.

Analytics are comprised of a two-prong system: how comprehensive the data serves as only the start—the challenging part is for the legal marketer to use context to asses and model the data. Because the function of marketing metrics is ultimately to gauge performance impact, every metric should remained nuanced enough from which to derive a take-away point. For instance, a metric may show that one legal project took two months to close while another similar project took two years to close. Because no two matters are the same, the metric and dimension should be nuanced enough to present variables accounting for the disparity. In its barest terms, the legal marketer wants to determine that she spent x time and resources for a y amount of value.

Business Intelligence and Systems of Engagement

Legal marketers must also select technologies that commoditize knowledge work, which serves as among the most strategic activities taking place within the law firm. IT systems in the past, known as systems of record, have focused heavily on technological features and processes rather than users. These systems are used in everyday business operations to compile, automate and store data and, while important, are not conducive to collaborative work amongst attorneys or interaction with clients.

In contrast, emerging IT systems called systems of engagement, which are the future of technology-led business innovation, raise capability to a higher order and allow for immediate and streamlined communication. As such, systems of record host processes while systems of engagement touch people and drive more interaction among colleagues on top of just maintaining data. This is not to say that systems of records are rendered obsolete—in fact, by using both systems of record and engagement to monitor transaction and interact with the data respectively, the full value of technology is tapped. Hence, legal marketers can take all of the data coming from the interactions mixed with the meaning derived from translating the data into insights to product true innovation.

 

The information in the this article was gathered from the Inside Counsel’s 2013 SuperConference from presentations by:  David Cambria, Senior Director, Enterprise Information Management, CDW; Mike McGuire, Corporate In-House Counsel, Axiom; and Pamela Woldow, Partner & General Counsel, Edge International.

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